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Terms & conditions of use

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1. General information

Samoving, S.L., with NIF number B-75.237.651, with registered address at Éibar (Gipuzkoa), calle Iñaki Goenaga, 5-Edificio Tekniker and registered in the Companies’ Register of Gipuzkoa, Volume 2,944, Folio 57, Page SS-42.586, Entry 1 (hereinafter, “Samoving”), is the owner of the ScrapAd platform hosted on the website https://www.scrapad.com/ (hereinafter the “Website”).

These terms and conditions (hereinafter the “Terms and Conditions”), available free of charge on the Website via the following link https://www.scrapad.com/informacion-legal/aviso-legal regulate Samoving’s relationship with Users who want to buy or sell raw materials or recycling materials (hereinafter the “Items”) through the Website for the price defined by the Users of the Website. Users may contract the products offered on the Website:

  • By registering as an individual.
  • By registering through the profile of the company of which they are a member, provided that their company has accepted Samoving’s general terms and conditions.

(The foregoing collectively referred to as the “Users” collectively or, the “User” individually).

In order to buy and sell the Items offered on the Website it is necessary to have read and accepted the Privacy Policy and the Terms and Conditions and to accept their content by ticking the corresponding acceptance box.

If Users wish to contact Samoving with any questions or concerns regarding the Terms and Conditions, they may do so via any of the following channels:

2. Purpose

These Terms and Conditions are intended to govern the purchase of Items by Users through the Website https://www.scrapad.com/ and their delivery to the address indicated by the buyer (hereinafter the “Transaction” or “Transactions”).

The Website is a buying and selling platform that allows Users to offer, sell and buy Items, in a wide variety of price formats and locations.

Samoving does not own any of the Items for sale or sold through the Website and is not involved in the actual buying and selling between buyers and sellers. The contract of sale is concluded directly between the buyer and the seller. Therefore, the Items advertised and sold on the Website are the sole responsibility of the sellers, in particular regarding their ownership, quality, safety, origin, guarantee and compliance with applicable legislation.

In any case, the specific terms and conditions agreed in the contracts entered into between Samoving and the User or between the buyer and the seller shall prevail over these Terms and Conditions in all matters they oppose.

Although we can help facilitate dispute resolution, Samoving neither controls nor guarantees, the existence, quality, safety or legality of the advertised Items; the truthfulness or accuracy of the content, advertisements or User ratings; the ability of sellers to sell items; the ability of buyers to pay for Items; or that a buyer or seller will ever complete a Transaction.

The date from which these Terms and Conditions are in force is that which appears at the end of the text, yet Samoving may modify and/or update them, previously informing the User for his acceptance or rejection in the event of these being substantial. In any case, the User shall be deemed to expressly accept such modifications or updates when carrying out a new Transaction through the Website and the new terms and conditions shall fully replace the previous ones, taking effect in the new Transactions that are carried out.

By ticking the box corresponding to acceptance and following the entire contracting process, the User expressly accepts the Terms and Conditions with the same validity as their signature in person, having previously read and understood their content, and acknowledges that he or she is a person with sufficient capacity to assume the obligations agreed with the acceptance.

In any case, in order to carry out a Transaction, the User declares and guarantees that he/she is at least 18 years of age, has full legal capacity or authorisation from his/her parents and/or legal representatives, except in the case of emancipation, and has read and accepted the Privacy Policy and the Terms and Conditions.

3. User registration

User registration is optional and free of charge, except for the cost for connecting to the telecommunications network supplied by the access provider used by the User. Users will have the possibility to register on the Website by accessing the “I want to register” section and providing:

  • “Name”
  • “Surname(s)”
  • “E-mail” which corresponds to the Username
  • “Password”
  • “Position”
  • “Language”

The User guarantees that the registration information provided to Samoving is true, correct and complete, and undertakes to always keep it that way.

After which, the account will be created and you will be able to access your User profile (hereinafter referred to as the “User Profile”, “Account” or “Profile”). Once inside the Profile, the User may complete the data relating to the billing address by filling in the fields corresponding to the “Address” section in a registration form, these fields include:

  • Legal status (private individual or company)
  • “Name of the User individual or of the legal representative if the User is a company”
  • “Surname of the User individual or of the legal representative if the User is a company”
  • “Date of birth”
  • “Nationality”
  • “Country of Residence”
  • “Name of company”
  • “Company name”
  • “Tax Code (NIF)”
  • Company’s website
  • “Country/Region”
  • “Street name”
  • “Town/City”
  • “Region/Province”
  • “Postal Code”
  • “Telephone”
  • “E-mail address”

The lack of mandatory personal data and information implies the impossibility of completing the registration on the Website and benefiting from the advantages that, in this case, it entails.

Users undertake that the password chosen during this registration process will be personal and non-transferable and may not be transferred to third parties in any way. In this respect, Users undertake to make diligent use of and to keep secret the password chosen to access the Website.

If the User knows or suspects that his/her password has been lost, stolen or used by third parties, he/she must inform Samoving of this circumstance and will be liable for any damages caused by the improper or negligent use of his/her password by any third party.

Users are responsible for the veracity of the data used for the creation of the Profile and for the consequences, errors and faults arising from the lack of their correspondence with reality.

If Samoving believes that the User is in breach of the Terms and Conditions for buying or selling the Items posted on the Website after contacting a counterpart outside the Website, Samoving reserves the right to take certain actions, including - depending on both the severity and the eventual recurrence of the breach - limiting its buying and selling privileges, adding restrictions on sales and options to its Account or suspending the Account.

By registering for or using any of the services accessible through the Website, including all associated features and functionalities, websites and User interfaces, as well as all content and software applications associated with our services, by accessing any advertisement, content or material through the Website, the User accepts these Terms and Conditions.

4. Unsubscribe as a registered User

Users may unsubscribe from the Website at any time by sending written notice to info@scrapad.com indicating their Username. They may also request to unsubscribe from receiving our e-mail notifications via the same e-mail address or via the link provided for this purpose in all e-mails received. The process of unsubscribing from notifications can take between 48 and 72 hours.

5. Use of the Website

The User shall not be permitted to allowed to perform the following actions:

  • Publish, post or upload content to an inappropriate category or area of the Website.
  • Infringe or circumvent any law or third-party rights.
  • Sell Items that otherwise infringe copyrights, trademarks, or any other rights of third parties.
  • Use the Website when not in full capacity to act or have been temporarily or permanently suspended from the Website.
  • Manipulate the price of Items or interfere with another User’s advertisements.
  • Publish false, inaccurate, misleading, defamatory or libellous content.
  • Transfer their Account to a third party.
  • Distribute or send spam, unsolicited bulk or unsolicited electronic communications, chain letters or pyramid schemes.
  • Use the contact details of another User for purposes that are not related to a Transaction.
  • Distribute viruses or other technologies that may harm Samoving or the interests of the Users of the Website.
  • Copy, modify or distribute any rights or content of the Website or Samoving’s copyrights and trademarks.
  • Copy, reproduce, reverse engineer, modify, create derivative works from, distribute or publicly disseminate any content of our Website without the prior written permission of Samoving and the appropriate third party, if any.
  • Market any Samoving application or any information or software associated with such application; or
  • Gather in any form any information about Users, including e-mail addresses, without their consent.

If the User has registered on the Website as a company or on behalf of a company, it represents and warrants having the capacity and authority to legally bind that entity.

6. Website Abuses. Restrictions, limitations and account termination

Samoving may take the following actions if there are specific indications that a User is infringing applicable law, the rights of third parties, these Terms and Conditions, the policies posted on our Website or if Samoving has any other legitimate interest, especially to protect Users from fraudulent activity, including, but not limited to:

  • Remove advertisements
  • Issue warnings to Users
  • Delay the publication of advertisements
  • Restrict access to the Website
  • Temporarily suspend the Account
  • Permanently suspend the Account

In deciding on a measure, Samoving shall consider the legitimate interests of the User concerned, and in particular whether there are indications that the User may not be responsible for the infringement.

Samoving may permanently suspend a User from using the Website, among other reasons, if he/she incurs in any of the following cases:

  • Has repeatedly received negative votes or low ratings and suspension is necessary to protect the interests of other Users.
  • The User has provided incorrect contact details.
  • Is found to have transferred its User account or has provided access to it to third parties.
  • Causes significant harm to other Users or to Samoving.
  • If the User repeatedly breaches these Terms and Conditions or any of the policies posted on our Website.

Once a User has been permanently suspended, he or she cannot claim reinstatement of the User’s Account or Profile.

Users may terminate these Terms and Conditions at any time. For its part, Samoving may terminate the Terms and Conditions at any time by giving 48 hours’ notice.

Notwithstanding the foregoing, the right to suspend a User, as well as the right to proceed with extraordinary termination on any such grounds shall remain unaffected.

Once a User has been suspended or the Terms and Conditions have been terminated by Samoving, the User will no longer be able to use the Website even with other accounts and will not be able to re-register. This clause shall apply to any company of the User’s group suspended under the terms of Article 42 of the Commercial Code. Suspension or termination has no effect on the validity of contracts already concluded through the Website.

Without prejudice to any other rights, Samoving may limit, suspend or terminate User Accounts, restrict or prohibit access to the Website and activities on the Website, remove advertisements, or otherwise limit their visibility, delay or remove hosted content, and take the necessary technical and legal measures to prevent the User’s use of the Website, if:

  • It considers that the User is causing problems or potential legal liabilities.
  • Believes that such restrictions will enhance the safety of the User community or reduce exposure to financial liability on Samoving’s part or that of any other User.
  • It considers that the User is infringing the rights of third parties.
  • Believes that the User is acting in a manner inconsistent with the content or spirit of these Terms and Conditions or its policies, or acting in a manner that is abusive towards our employees or Users; or
  • Despite reasonable efforts, Samoving cannot verify or authenticate any information you provide to us.

7. Fees

The fees that Samoving charges the buyer for concluding a Transaction through the Website are published on our page https://www.scrapad.com/tarifas/. Samoving may change the fees from time to time by publishing the changes on the Samoving website with 15 (fifteen) days’ advance notice.

8. E-procurement

In accordance with the provisions of Article 23 of Law 34/2002, on information society services and electronic commerce, contracts entered into electronically shall produce all the effects provided for by the legal system when consent and the other requirements necessary for their validity are met. In any event, the electronic medium containing the contract concluded by electronic means shall be admissible as documentary evidence in the event of a dispute between the parties. To this end, it shall be understood that the completion of all the phases of the purchase process and, if applicable, the payment of the corresponding economic amount, necessarily imply the provision of the consent required for the procurement.

Likewise, and in accordance with the provisions of Article 27 of Law 34/2002, on information society services and electronic commerce, Users are provided with all the information applicable to the same prior to carrying out a Transaction.

The Transaction procedure is carried out electronically through the Website, so that any User with Internet access who meets the requirements set out in these Terms and Conditions may carry out a Transaction, and all products offered through the Website are publicly accessible. Samoving will file the electronic document formalising the Transaction, which will be accessible to the User in the e-mail confirming the purchase, from where it can be downloaded and printed.

9. Payment institution

All payments shall be carried out through the company Lemonway SAS, whose registered office is at 8 rue du Sentier, 75002 Paris, France, registered in the Paris Trade and Companies Register under number 500 486 915 and authorised on 24 December 2012 by the Autorité de Contrôle Prudentiel et de Résolution (Prudential Control and Resolution Authority, “ACPR”, France, website acpr.banque-france.fr/), 4 place de Budapest CS 92459, 75436 Paris, as payment institution, under number 16568, which acts as payment institution for transactions concluded on the ScrapAd platform. In order to proceed with the payment, the User must follow each of the instructions indicated in the secure payment gateway to which the User is redirected.

If payment is refused for any reason or if the full amount of the Transaction is not provided (including processing fees and bank transfer fees), the payment will be suspended, and the User will be informed that the Transaction has not been completed.

The User accepts the appointment of Samoving as the sole and exclusive agent of the User, for the purpose of ordering Lemonway to release the funds.

The User authorises Samoving to automatically charge to the payment method chosen in accordance with these Terms and Conditions and the applicable billing arrangements, any future charges and fees incurred in connection with the Transactions. This includes, but is not limited to, amounts owed by the User to Samoving for fees or refunds in connection with the Transaction.

The User is obliged to use this payment method when buying or selling through the Website.

If for any reason the amounts due and payments cannot be completed through Lemonway, the User will be obliged to pay Samoving the unpaid amounts and Samoving reserves the right to obtain collection by any other means, plus any additional costs that Samoving may incur in order to obtain collection of the amounts that have not been paid.

10. Delivery

The transport company appointed by Samoving will deliver the Items based on the information provided by the User, and Samoving shall not be liable for delays/errors arising from incorrect or erroneous information provided by the User.

11. Invoicing

The issuance of the invoice is the sole responsibility of the Sellers of the Items. The invoice shall be issued by the Seller, in compliance with the precepts and other fiscal requirements applicable at any given time.

12. Non-conformities on receipt

If the Items arrive damaged, or the Buyer considers that the Items are not in conformity with the information provided by the Sellers at the time of purchase, the Buyer has the right to claim directly from the Seller.

Samoving will only mediate in situations of non-conformities in the terms indicated in the purchase contract between buyer and seller.

Items purchased on the Website cannot be returned to Samoving, nor will they be exchanged for another Item on the Website.

13. Items

13.1. Conditions of the Items

When posting an Item, the User agrees to comply with the Terms and Conditions and agrees that:

  • It shall be responsible for the accuracy, content and legality of the published item and agrees to advertise it.
  • The User will be responsible for all taxes (including, but not limited to, penalties, fines, charges, late payment interest) related to Transactions on the Website. To the extent possible under Spanish law, the User shall compensate Samoving on demand for all costs incurred, including but not limited to taxes, penalties and interest, levied by any competent tax authority due to failure to provide a valid VAT number and/or failure to pay such taxes, penalties or interest.
  • Samoving may, at its discretion, remove, modify or disable access to content that contravenes the policies of the Website.

13.2. Transaction Terms

When posting an Item, the User undertakes to comply with the Terms and Conditions and agrees that:

  • It is responsible for the accuracy, truthfulness and veracity of the published advertisement of the Items.
  • It enters into a promissory agreement of sale which will be governed by the terms of such agreement when publishing an advertisement.
  • It enters into a legally binding contract with the buyer to sell the Items when undertaking to buy an Item.
  • Samoving does not own any of the Items for sale or sold through the Website and is not involved in the actual buying and selling between buyers and sellers. The purchase/sale contract is concluded directly between the buyer and the seller.

When acquiring an Item, the User undertakes to comply with the Terms and Conditions and agrees that:

  • It is responsible for reading the full listing of the Items before bidding.
  • It enters into a legally binding contract with the buyer to sell the Items when undertaking to buy them.
  • It enters into an escrow agreement with Samoving which shall be governed by the terms of the escrow agreement.
  • Samoving does not own any of the Items for sale or sold through the Website and is not involved in the actual buying and selling between buyers and sellers. The purchase/sale contract is concluded directly between the buyer and the seller.

13.3. Liability

Sellers and buyers are responsible for complying with all laws and other regulations applicable to the purchase, sale and shipment of the Items internationally.

In the event of an international sale and purchase, the buyer and seller represent and warrant that they have all necessary permits, licenses and authorisations to carry out the export and subsequent import of the Item.

You can prevent your advertisements from appearing on international sites by explicitly excluding international shipments from your advertisements.

The seller can exclude international buyers from purchasing its items by explicitly excluding international shipping locations or by setting a limitation to the group of potential buyers.

14. Right to withdraw

The right of withdrawal provided for in Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and Law 28/1998, of 13 July, on the Sale of Movable Items by Instalments, does not apply due to consumers not carrying out transactions through the Website.

15. Liability

Except for the responsibilities that cannot be excluded or limited because of the applicable regulations, Samoving is not responsible, either directly or indirectly, for the claims made by the Users that arise from any of the following circumstances:

  1. Any loss of profit, sales, business or revenue of the User.
  2. The quality of the Items, non-payment of the price, delays, loss of the Items or any other discrepancies concerning the Items.
  3. Website access problems and technological issues.
  4. Actions or omissions by third parties.
  5. Errors in the information provided by the User.

However, to the maximum extent permitted by law, Samoving’s full liability for any other damages or losses arising in connection with the Terms and Conditions, whether in contract, tort or breach of any statutory duty, shall in no event exceed its commission.

Similarly, Samoving shall not be liable for: (i) the continuity of the contents of the Website; (ii) the absence of errors in said contents; (iii) the absence of viruses and/or other harmful components in the Website or in the server that supplies it; (iv) the vulnerability of the Website and/or the impossibility of breaching the security measures adopted therein; (v) the lack of usefulness or performance of the contents of the Website; and (vi) the damage or harm caused, to itself or to a third party, by any person who infringes the conditions, rules and instructions that Samoving establishes on the Website or through the infringement of the security systems of the Website.

Nevertheless, Samoving declares that it has taken all measures reasonably necessary within its capabilities and the state of the art to ensure the proper functioning of the technical components and the content of the Website.

In any case, Samoving reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, browsing, use, hosting and/or downloading of the content and/or use of services of the Website, with or without prior notice, to Users who contravene any of the provisions detailed in these Terms of Use, without the possibility of the User being able to claim any compensation for this cause.

If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, affiliates and employees) from liability for all claims, demands and damages (actual or potential) of any kind or nature, known or unknown, arising out of or in any way connected with such dispute.

In this sense, the buyer releases Samoving from any liability relating to the quality of the Items, non-payment of the price, delays, loss of the Items or any other discrepancies concerning the Items.

16. Intellectual and Industrial Property

The design, source code, logos, trademarks and other distinctive signs that appear on the Website belong to Samoving and are protected by intellectual and industrial property rights. Therefore, their use, reproduction, distribution, public communication, transformation or any other similar or analogous activity is strictly prohibited unless expressly authorised by Samoving.

In addition, Samoving declares its respect for the intellectual and industrial property rights of third parties, so if you consider that this site may be infringing their rights, please contact us at the following address info@scrapad.com.

17. Data protection

Samoving will strictly comply with the provisions of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights and Regulation (EU) 2016/679, of 27 April 2016, on the protection of individuals regarding the processing of personal data and on the free movement of such data, in relation to the processing of Users’ data.

The personal data or information provided by the User to Samoving will be processed in accordance with the provisions of the Privacy Policy available at the following link: https://www.scrapad.com/informacion-legal/politica-de-privacidad/.

18. Miscellaneous

18.1. Force majeure

Samoving shall not be liable in the event of the impossibility of executing the Transactions and delivering the Items in the event of force majeure, theft or loss, or error in the order or the data provided by the User. “Force majeure” shall mean all circumstances that cause Samoving to be temporarily or permanently unable to perform its obligations. By way of example, but in no way limited to:

  1. Strikes, lockouts or other industrial action.
  2. Civil commotion, riot, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war, confinement of population or restrictions on mobility and/or economic activity.
  3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
  4. Inability to use public or private telecommunications networks.
  5. Acts, decrees, legislation, regulations or restrictions of any government or public authority.

Therefore, it is understood that the obligations shall be suspended during the period that the Force Majeure event continues, and Samoving will have an extension in the deadline to comply with these obligations for a period equal to the duration of the Force Majeure event, or to cancel if the fulfilment of such obligations is not reasonable possible.

18.2. Effectiveness of the Terms and Conditions

These Terms and Conditions bind Samoving and the User from the moment they are accepted. Any provision or section of the Terms and Conditions which is or becomes illegal, invalid or unenforceable shall be excluded therefrom and shall be deemed unenforceable to the extent of such illegality, invalidity or unenforceability without affecting the other provisions and shall be replaced by a provision which is as close as possible to the former provision, but shall not affect or prejudice the remaining provisions, which shall remain unaffected by any such illegal, invalid or unenforceable provision or clause and shall otherwise remain in full force and effect.

18.3. Waiver or non-compliance

The waiver or non-compliance of either party to exercise any right or provision of these Terms and Conditions shall not be deemed a waiver of the applicable right or provision.

19. Applicable law

These Terms and Conditions, written in Spanish, shall be interpreted, and any dispute and/or disagreement between Samoving and the User shall be resolved, in accordance with Spanish law.

20. Submission

Any dispute relating to the application or interpretation of these Terms and Conditions shall be finally settled by means of Commercial Arbitration, in accordance with the Rules of the Gipuzkoa Chamber of Commerce Court of Arbitration, by three arbitrators appointed in accordance with these rules. The arbitrators shall conduct the proceedings in Spanish and shall apply Spanish law.

Last updated: 14/03/2022.

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