By clicking on “ACCEPT”, the User declares to have read and accepted these “General conditions of Wastly’s Marketplace”.
The User declares to possess the legal capacity required by law in order to accept the content of this Agreement and to act in the course of his/her business, commercial, craft or professional activity.
If these Conditions are accepted on behalf of third parties (legal persons, institutions, associations or any other subjects), the User declares and guarantees to possess powers of representation and to be lawfully authorized to accept these Conditions, thereby binding the entity he/she represents.
The “General conditions of Wastly’s Marketplace” must be accepted by the Seller upon publication of each Advertisement and by the Buyer upon Acceptance of the Offer.
This Agreement is considered fully known and accepted once the acknowledgement and acceptance box is flagged.
In any case, the provisions of “Wastly’s Terms and Conditions” remain applicable.
The following words which commence with a capital letter will bear the meanings assigned to them hereunder:
These Conditions govern the correct use of Wastly’s Marketplace.
The Seller and the Buyer shall be able to download the “General Conditions of Wastly’s Marketplace”.
Access to the Service (Marketplace) is reserved to Wastly’s Users.
The Registration on the Platform is free of charges.
The Registrations enables active Users to access the reserved area and use the Services provided by Wastly.
Such Services are:
The procedure to Sell or Buy a Product is outlined hereunder.
5.1 ADVERTISEMENT POSTING
The Seller, via his Account, posts an Advertisement including all the mandatory and necessary information regarding the Product he/she intends to sell:
The Seller shall accept this “General Conditions of Wastly’s Marketplace” by flagging the designated box.
Before the Advertisement is made public, Wastly shall perform the appropriate checks on the information provided by the Seller and, should such Advertisement be judged incomplete, Wastly reserves the right not to publish it.
The Seller shall be solely and exclusively liable for the truthfulness and authenticity of the Product information provided, for the documents uploaded, for the photos, for its features, for the declared quantities and for the correct description of the state of the Products (e.g. imperfections, faults and so on).
It is strictly forbidden to enter false and/or fictious data and/or data that do not correspond to the Product shown in the Advertisement.
The Seller shall undertake to bind the Products for the entire Duration of the Advertisement. Should such Products be no longer available during this period, due to force majeure or unforeseeable circumstances, the Seller undertakes to immediately notify Wastly (please, see art. 11 of this Agreement).
The Seller shall not have the right to cancel and/or edit the Advertisement, notwithstanding the possibility of withdrawing or of asking for its removal before receiving one single Offer.
The Seller shall remain unknown to the Buyer until the acceptance of the best possible Offer (please, see point III).
5.2 BUYERS OFFERS
The Buyer looks for a Product on the Marketplace, he/she selects the most advantageous Advertisement and makes an Offer, stating the Price and signing this Agreement.
The Offer must be equal and/or greater, never lower, than the Price stated in the Advertisement.
Upon submission of the Offer, the online bank provider shall bind the Amount of the Transaction for a period of no more than 7 (seven) natural and consecutive days.
If the Offer is Accepted, the tied sum shall be immediately transferred to the Seller’s Stripe Account.
In the event that the Offer is not Accepted, the online bank provider releases the sum Offered with immediate effect.
Once the Buyer has submitted his/her Offer, he/she shall have no right to withdraw from it, unless the occurrence of serious and exceptional cases that Wastly shall evaluate.
5.3 ACCEPTANCE OF THE OFFER BY THE SELLER
Upon expiration of the Advertisement, within 47 hours, the Seller shall select the Offer he/she considers the most advantageous.
If the Seller, for any reason, does not accept any of the Offers, an automated process of selection is activated to choose the most advantageous Offer (for price and distance) for the Seller, who shall not turn it down in any way.
Upon Acceptance of the Offer, the Amount offered by the Buyer and bound at the time at the Offer submission is automatically transferred to the Seller’s Stripe Account (please, see art.7).
5.4 DELIVERY, PACKAGING AND PORTATION
Once the Offer has been Accepted, the Parties can know each other’s identity and they are able to communicate through the Portal to agree on the collection and Transportation of the Products.
The Products shall be available for collection by the carrier within the terms agreed upon by the Parties.
Unless otherwise agreed, before the handover, the Seller shall arrange the Products for their Transportation in accordance with what he/she has stated in the Advertisement in order to guarantee the correct handling of the loading, Transportation and unloading operations as well as an adequate prevention of Product loss or damage.
Packaging costs shall be borne by the Seller.
Transportation costs shall be borne by the Buyer, who shall also take any responsibilities and risks jointly with the Seller.
The Buyer, who knows where the Products are located (city) when he/she submits his/her Offer, assesses the impact of Transportation costs on the Amount to be offered.
Should the Seller incorrectly indicate the city of collection of the Products, the Buyer might take actions against the Seller for the difference in cost due to Transportation over 20 Km.
The Products must be accompanied by a shipping document (SD) and by the tracking number provided by the Seller.
Custom clearance costs shall be borne by the Buyer.
5.5 ACCEPTANCE/NON-ACCEPTANCE OF THE GOODS FROM THE BUYER
Within 4 (four) natural and consecutive days, the Buyer shall verify whether the Products are defective or flawed as opposed to what stated in the Advertisement and return the Goods.
Once the four-day deadline has passed, the Buyer cannot exercise his/her rights to return purchased Products. The buyer shall notify the acceptance or otherwise through the dedicated section “COMPLIANT GOODS” – “NON-COMPLIANT GOODS”.
Should the Goods be compliant, the Buyer accepts them without any reservation.
From the time of acceptance, within the term of 5 (five) natural and consecutive days, the Amount bound in the Seller’s Stripe Account is transferred to his/her bank account (whose IBAN was provided upon Registration) and from that moment on, all restrictions cease to exist.
In the event of “NON-COMPLIANT GOODS”, the Buyer shall fill a form in the dedicated section “NON-COMPLIANT GOODS” and a Ticket will be automatically open.
Wastly shall manage the non-compliance request and assesses whether the Goods can be returned (please see art. 10).
The Amount of the Transaction shall be frozen in the Seller’s Stripe Account until the non-compliance procedure is terminated.
The Seller shall assume the liability for the Products he/she sells, and he/she shall ensure their full compliance with applicable law.
When the Products are Secondary Raw Materials (SRMs), they must be compliant with the Regulations contained in the Legislative Decree no. 152/2006 in the matter of End of Waste. Specifically, they must be compliant with art. no. 184 Ter, introduced by art. no. 12 of Legislative Decree no. 205/2010 which enacted Directive no. 2008/98/CE.
Furthermore, if they are issued and immediately enforced, reference shall be made to European Regulations such as: Regulation no. 333/2011/EU concerning scrap metals; Regulation no. 1179/2012/EU concerning glass cullet; regulation no. 715/2013/EU concerning copper scraps.
Depending on the type of Material, reference shall also be made to UNI Standards (e.g. UNI PLAST 10667-1 2017 regarding plastic Secondary Raw Materials.
The Payment Service used by Wastly for an efficient and secure payment management is provided by Stripe.
Stripe is a B2B software designed for making and receiving online payments that provides the technical, anti-fraud and banking infrastructure necessary for the functioning of online payment systems.
Upon Registration on the Portal, Users shall provide the necessary bank details for the correct execution of Transactions within the Portal.
The IBAN code provided by the User shall be linked to his/her Stripe Account.
The following Payment methods are applicable:
The Buyer is required to select his/her Payment method of preference upon submission of the Offer.
At the same time, the sum is bound to the Offer.
47 hours after the deadline of the Advertisement, the Seller shall Accept an Offer and, automatically, the frozen Amount is transferred to his/her Stripe Account.
Otherwise, if the Seller should not accept any Offer, the Amount is released with immediate effect.
Only after the Acceptance of the Goods from the Buyer, within 5 days, the Amount is transferred to the Seller’s bank account (whose IBAN was provided upon Registration).
The following charges including VAT are applied to the gross sales price and they are exclusively borne by the Seller:
– In case of payment by Credit Card, Stripe shall charge a fixed fee and a percentage of the Transaction (1,4% + €0,25 on European cards; 2,9% + €0,25 for non-European cards).
– In case of payment by SEPA (Single Euro Payments Area) wire transfer (0,8% + € 0,25 for a maximum of € 5).
The Commissions are charged on the transferred Amount, that is following the Acceptance of the “COMPLIANT GOODS” by the Buyer.
It is understood that no Commission shall be charged to the Buyer, except in the cases expressly indicated in article 10.
Invoices shall be issued as follows:
– The Seller shall issue an invoice, in an electronic format, headed to the Buyer upon Acceptance of the Goods;
– Wastly shall issue an invoice, in an electronic format, to the Seller for the Amount of the Commission (4%).
As far as the Commission for the Payment Service is concerned, Stripe shall provide the Seller with an “account statement” as a Transaction summary.
Should the Buyer observe, within 4 (four) days of receipt of the Goods, any defects or faults he/she shall fill the form in the dedicated section “NON-COMPLIANT GOODS”. On expiry of that period, the Buyer shall lose all rights to raise any claim on defects or on lack of conformity.
As soon as the form “NON-COMPLIANT GOODS” is completed, a Ticket is open, and it is taken in charge by Wastly as a mediator and manager of the Non-Compliance procedure.
The Seller might:
– accept the declaration of Non-Compliance and the consequent return of the Goods, paying for all Transportation costs and for the return costs.
– dispute the declaration of Non-Compliance submitted by the Buyer.
In the latter case, Wastly shall take charge of the dispute and carries out all the necessary checks in order to resolve it.
Wastly might, if need be, use ACCREDIA, an accredited and certified auditor, in order to recover a sample of the Goods at the Buyer’s premises.
Wastly shall notify the Parties the date of the sampling to do so in consultation, as well as the results of the verifications.
Following the aforementioned verifications:
During the Compliance assessment procedure, the Goods shall be kept by the Buyer and the Amount of the Offer remains frozen.
Any claims by the Buyer against the Seller due to non-compliance shall be the object of different claims, which are not part of this Agreement.
It is understood that before the assignment of the audit to the third party, the Buyer might withdraw the “NON-COMPLIANCE” declaration by clicking on “COMPLIANT GOODS” and therefore accepting them.
11.1 Wastly undertakes to ensure the User access to the Service, guaranteeing the best possible efficiency.
Wastly cannot be held responsible or be the recipient of claims ascribable to errors/omissions and/or inaccuracies, nor can Wastly be held responsible for any direct, indirect, incidental and/or consequential damages caused by the use of the provided information/documents within the limits set forth by art. 1229 of the Italian Civil Code.
Wastly cannot be held responsible for the results obtained through the use of the Service nor for loss of profit that may occur to the User or third parties.
Wastly is not involved or responsible for any communications between Users within the Platform, nor is responsible for any negotiation that might take place between Users.
Wastly is not responsible for any disruption due to force majeure or to any other cause which is not directly attributable to its own fault.
Except in the case of willful misconduct or gross negligence, and without prejudice to the duties of diligence, Wastly is exempted from liability for any damages of any kind suffered by the User during or as a result of the use of the Service.
Wastly is exempted, within the limits of applicable law, from liability for any damages caused by third parties to themselves and/or to the User and/or others using information derived from the Database.
Wastly cannot be held responsible for any disruptions and for any damages suffered by the User and due to force majeure causes, including, but not limited to, strike, fire, flood, authority measures which directly or indirectly affecting the Service object of this Agreement.
Wastly shall not be in any way liable for any direct, indirect, incidental and/or consequential damages in whatever way connected to the use of the Portal and/or to the handling of Transactions or to the use and or storage of the Products.
Wastly shall not be liable for the temporary absence, loss or suspension of the qualifications required by law for operators, specifying that each User is obliged to notify the suspensions of authorizations, registrations or the loss of any requirements within 24 hours of the occurrence via certified email.
All responsibilities remain with the Users pursuant to Legislative Decree no. 152/06 and, for this reason, Wastly cannot in any way replace the Users in the control they must carry out with full responsibility.
Wastly reserves the right to take legal actions for any breach of the obligations assumed under this Agreement and for any fraudolent act against Wastly itself and/or against the Users.
11.2 The Seller shall be solely and exclusively liable for the truthfulness and authenticity of the Product information provided in the Advertisement.
The Seller shall be the sole guarantor towards the Buyer:
In the event that the Seller falsely declares to possess the Products included in the Advertisement, he/she shall pay Wastly, as a penalty, a sum equal to the price of that Advertisement.
The Seller is released from liabilities provided that he/she can prove force majeure, out of his/her control (e.g. earthquakes, floods and so on).
Following the Transaction, Wastly shall have the right to evaluate the Seller/Buyer by providing a Feedback that could be visible to other Users in subsequent Transactions.
Feedbacks shall not contain any information on the identity of the Seller.
This Agreement shall enter into effect, for the Seller, from the moment the Advertisement is posted and, for the Buyer, from the moment his/her Offer is submitted. This Agreement ends as soon as the Transaction as taken place.
Wastly reserves the right to amend these Conditions at any time.
Amendments shall not be applied retroactively, and they shall be effective for all Sales completed after their publication on the Website.
Such publication on the Website shall constitute to all effects a notification to the Users that amendments have been made.
Transactions are subject to the Conditions in effect at the time they are made.
Wastly is not required to keep an archive of any of the Conditions in force over time. The User shall save or print a copy of these Conditions for future reference.
These General Conditions of Wastly’s Marketplace shall govern relations between professionals (so-called Business to Business), which are subject to the dispositions of Italian Civil Law.
Reference shall also be made to regulations located in other sources of law such as: Legislative Decree no. 70/2003 that enacted Directive no. 2000/21/EC (concerning the e-commerce); Consumer Code pursuant to Legislative Decree no. 206/2005 and subsequent amendments; Legislative Decree no. 196 of the 30th June 2003 (Data Protection Code) and subsequent amendments and additions and European Regulation no. 2016/679 (General Data Protection Regulation, GDPR) concerning the protection of natural persons.
This Agreement shall be governed by and shall be interpreted in accordance with Italian Law. Any disputes, even those of non-contractual nature or due to reasons of connection, between the User and Wastly related or connected to the validity, interpretation, execution or termination of this Agreement shall be deferred to the exclusive jurisdiction of the Court of Cagliari, with the exclusion of any otherwise competent Court.
Wastly guarantees to act in compliance with Legislative Decree no. 196 of the 30th June 2003 (Data Protection Code) and subsequent amendments and additions and in compliance with European Regulation no. 2016/679 (General Data Protection Regulation, GDPR) concerning the protection of natural persons.
Wastly S.r.l., Registered Address: via Robert Koch, 15, Cagliari, 09121, tel. +39 070 7538406, e-mail: firstname.lastname@example.org, certified e-mail (PEC): email@example.com
Each provisions of these Conditions shall be treated separately and independently of the others.
The invalidity, the nullity or in any case the ineffectiveness of any one of the provisions of these Conditions shall not affect the validity or the effectiveness of the remaining provisions.