Condition

Terms and conditions

General Conditions for Use of the website www.bestmeat4you.com and Cofos B.V.

Article 1. Definitions

1.1 Website:

the bestmeat4you.com website which is maintained by Cofos B.V. situated in Haarlem.

1.2 Owner:

Cofos B.V. situated in Haarlem and owner of the bestmeat4you.com website.

1.3 User:

anyone registering on the Website and accepted by the Owner as Buyer, Seller or Both. The minimum age for participation and registration is 18. Acceptance partly dependents on the assessment by Creditsafe Nederland or other party to be appointed by the Owner.

1.4 Personal Details:

the details provided by the User which can be traced to the individual person, including name and address details, email address, telephone numbers, bank account details, etc.

1.5 Registration:

the act of registering by the user by fully completing the registration forms on the Website.

As part of the Registration process, the User undertakes to enter his or her correct name, address and other details that may be required. The owner cannot be held responsible for non-performance as a result of providing incorrect details. Providing details other than the correct ones may result in access to the Website being denied. This access is also denied when providing incorrect details as part of the registration process, including, but not limited to, the age of the person registering.

1.6 Acceptance:

the Owner reserves the sole and permanent right to accept or reject a Registration, without stating the reasons. No rights can be derived from Acceptance other than those stated in these General Conditions for Use. Entering into correspondence about Acceptance or Rejection decisions is not possible. The owner reserves the right to unilaterally terminate a Registration at any time, without stating the reasons.

1.7 Username:

the email address of the User.

1.8 Password:

the Owner provides the User with a password for each email address in order to access the Website.

This password is personal and cannot be transferred.

1.9 Batch of Goods:

a batch or a number of batches of goods offered for sale or wanted (under a single reference number). It must be free of third-party claims and attachments and meet the European requirements, standards and laws.

1.10 Bid:

each bid made by the User on a batch of goods by means of the Website. The Owner declares not to interfere in any bids, offers or wanted ads. Bids, counterbids, rejections and acceptance are communicated to the User by email only. It is the responsibility of the User to consult his or her email or to seek information in respect of developments on the Website. Only new sales and wanted ads are communicated by SMS, provided the User has opted for this.

1.11 User Agreement:

the agreement between the Website and the User.

1.12 General Conditions for Use:

these general terms and conditions

1.13 Right to amend:

the Owner has the right to change these conditions. Changes are normally made by publishing new, amended conditions on the Website. Any changes made take effect after 24 hours of having been announced or on an alternative date as stated in the announcement. These conditions cannot be departed from.

Article 2. Applicability

2.1 The General Conditions for Use are applicable to the relation between the User and Owner on the one hand and the User and the use of the Website on the other. In addition, the privacy policy of the Owner applies. It is the responsibility of the User to consult the privacy policy of the Owner, which is listed on the website, on a regular basis.

2.2 The applicability of General Conditions for Use other than these is excluded.

Article 3. User Agreement

3.1 The User Agreement is formed automatically through Registration and Acceptance on the website and enables the User to stay informed of the progress on developments, offers and bids, via the Website, among other things. The User Agreement is non-transferable.

3.2 The Owner confirms Registration to the User by email to the email address used for registering, after which the User can gain access to the website by means of his or her Username and Password. After having gained access to the Website, the User undertakes to behave in an ethical manner and refrain from inflicting damage to the Website or other users thereof. The user is liable for all acts undertaken on the Website in his name, after having gained access to the Website using his or her Username and password.

3.3 The User guarantees the correctness and completeness of the Personal Details provided during Registration. If these Personal Details change at any one time, the User is obliged to immediately inform the Owner thereof.

3.4 The Owner records the Personal Detail obtained by him in a dedicated administrative system. Through Registration on the Website, the User grants approval for using and saving his or her Personal Details.

3.5 The User is forbidden to reproduce the Website or any parts thereof and/or to make this available (through deep linking or otherwise) without the prior, written approval of the Owner.

3.6 By registering (once), the User accepts these General Conditions for Use every time that the User logs into the Website, regardless of the fact whether he or she places adverts or makes bids.

3.7 The services of the Website can only be accessed by subscribers to the Website who are entitled to enter into binding agreements by virtue of Dutch law. Without prejudice to the above, the Website is never open to minors or users having been temporarily or permanently suspended from using the service.

3.8 Registration and Acceptance means that you automatically agree to receiving emails and/or SMS messages from the Owner.

3.9 Each User is at all times responsible for the login details provided to the User. Each User must carefully safeguard the login details and keep these personal. Login details must in no case be disclosed to third parties.

3.10 Through his registration, the User declares to be aware of and accept the special circumstances of a website and the technical faults that may occur. The Owner hereby excludes any liability for any direct and/or indirect damage, incurred in whichever manner, including, but not limited to, damage arising from the use of the Website, unless in the event of wilful recklessness or intent on the part of the Owner.

More specifically, the Owner does in no case accept liability for whatever damage in any way causes and/arising from:

• Information placed on the Website prompting the User to take certain action;

• The impossibility to (fully) use the website and/or any other breakdown in the Website or underlying support systems;

• The Batch of Goods failing to meet the specifications as stated on the Website;

• The fact that the information on the Website is incorrect, incomplete or not up to date;

• Faults in the software of the Website and/or the underlying support system;

• The unlawful use of systems, including the Website of the Owner by a third party.

Article 4. Security

4.1 The Owner shall make a reasonable effort to secure his systems against the loss of data and/or any form of unlawful use and implement the appropriate technical and organisational measures to that end, taking into account the prior art.

4.2 The Owner cannot be held liable for the loss of data, damage to files, unlawful access to computers or files, viruses spread via the Website or other unlawful programmes or files or for any other adverse effect as a result of using the Website.

4.3 The Website may contain links to other websites. The Owner does not have control over such sites and cannot be held liable for the contents thereof.

Article 5. Description of the Batch of Goods

5.1 The User and the person on whose instruction the Batch of Goods are offered pursue the highest possible accuracy and clarity of the description of a Batch of Goods on the Website. The Owner cannot be held liable for damage arising from incorrect or incomplete offers or descriptions.

5.2 The User undertakes and is solely responsible for the correct description and details of a Batch of Goods.

Article 6. Bids

6.1 Each bid made by a User represents an agreement between the Users. Each accepted bid represents a purchase agreement between the Users and is permanently irrevocable. If a bid is accepted between Users, they are obliged to complete the transaction.

6.2 Removing a bid is not possible.

6.3 As soon as a bid has been accepted, this bid can no longer be changed or cancelled.

6.4 The Owner reserves the right to exclude Users from participating in the bids, without stating the reasons.

6.5 Users are not allowed to manipulate the price of a Batch of Goods, nor are they allowed to intervene in bids.

6.6 If Users reach agreement on the sales or purchase of a Batch of Goods or if the requested price and quantity is accepted by a User, the Users are mutually obliged to enter into an irrevocable sales or purchase agreement, without the intervention of the Owner.

6.7 The Owner reserves the right to prematurely terminate the bidding process and remove it from the website, provided there are compelling reasons to do so. This decision is at the discretion of the Owner.

Article 7. Payment

7.1 The owner is the payment address of the Website and is applicable to payments for placing sales or wanted ads.

7.2 All payments on the Website are handled and completed by Buckaroo Online Payment Services. The User can choose from different methods of payment as offered by Buckaroo Online Payment Services.

7.3 The Owner cannot be held responsible for payments denied by Buckaroo Online Payment Services or for any faults or inconveniences arising from the use of Buckaroo Online Payment Services.

Article 8. Assessment of the User

8.1 As part of the Registration, The Owner has the right to have the creditworthiness of each User assessed by Dun & Bradstreet Nederland, or any other party to be appointed by the Owner.

8.2 No rights can be derived from this assessment by Dun & Bradstreet Nederland, or by any other party to be appointed by the Owner.

8.3 The owner is never responsible for the result of the assessment by Dun & Bradstreet Nederland or by any other party to be appointed by the Owner.

8.4 The Owner has the right to publish this assessment on the Website without informing the assessed party in advance and can never be held liable for the consequences thereof.

Article 9. Breach

9.1 The Owner reserves the right to send Users an immediate warning, to terminate his processes and/or to suspend access to the Website until further notice and/or to terminate access, if a user:

• Breaches these General Conditions for Use or any documents that form an integral part thereof by referral.

Makes it impossible to verify the Personal Details that have been provided to the Owner.

Unlawfully damages the image of the Owner.

Has completed or changed a Registration under a false name.

Article 10. Intellectual property right

10.1 All components of the Website are protected by intellectual property rights of the Owner and/or persons and/or suppliers appointed by the Owner.

10.2 Using the Website for purposes other than its intended purpose and/or copying it without the explicit approval of the Owner is forbidden.

Article 11. Limited liability/force majeure

11.1 Insofar permitted by law, the User indemnifies the Owner against all liability arising from or relating to sales ads, bids and unsuccessful or completed transactions.

11.2 The Owner cannot be held liable for failure to fulfil its obligations by virtue of these General Conditions for Use due to reasons beyond its reasonable control. All bids and sales and wanted ads are subject to technical breakdowns.

11.3 The Owner does not accept liability towards Users having bid on a Batch of Good or any third party for indirect or consequential losses, including (but not limited to) the loss of data, profits, income or turnover, regardless of the cause and arising from actions or omissions contrary to these General Conditions for Use.

11.4 Staff of the Owner are not entitled to make bids on the Website.

Article 12. Amendments; effect

12.1 If and insofar any provisions of the General Conditions for Use are null and void or declared void, the remaining provisions of these General Conditions for Use shall remain in full force. In that instance, the Owner shall formulate a new provision to replace the void/voided provision, in which the purport of the void/voided provision shall be taken into account as far as possible.

12.2 Further to these General Conditions for Use, the Owner can declare additional conditions applicable. They must be accepted by the User prior to using the Website. In the event of contradictions, the provisions of the additional conditions prevail over the provisions in these General Conditions for Use.

12.3 The General Conditions for Use can be departed from subject to the written confirmation from the Owner or an authorised representative thereof.

12.4 The Owner reserves the right to change these General Conditions for Use. Any changes made take effect after 24 hours of having been announced or on an alternative date as stated in the announcement. These conditions cannot be departed from.

Article 13. Applicable law

13.1 These General Conditions for Use and the legal relationships formed by using the Website are governed by Dutch law.

13.2 The Dutch wording of these general Conditions for Use is the original version. In the event that these General Conditions for Use are used in multiple languages, the Dutch version prevails in the event of uncertainties or contradictions.

13.3 In the event of disputes arising from the General Conditions for Use, the District Court of Haarlem, or any other District Court to be appointed by the Owner, decides, excluding any other body (without prejudice to right to appeal and without prejudice to other statutory provisions).

Article 14 Final provision

The Dutch wording of these general terms and conditions of the Owner has been filed with the Chamber of Commerce in Amsterdam, under file reference number 34237335.