General Terms and Conditions

Using the services of www.Foodmarketsourcing.com

The user company acknowledges and accepts the conditions of use for the service, the publication of advertisements and the relationship between Foodmarketsoucing.com and its associated service providers.
 
Accessing the web site server of Foodmarketsourcing.com implies that the user is in accordance to the conditions described here after.

Any connection to the services is subordinated to the respect of our general terms of use. Foodmarketsourcing.com engages itself in a commitment with the user to provide at its disposal a platform allowing the user to access free services related to the distribution of advertisements and its contacts where by  anonymity of the transactions is guaranteed.

1. Introduction and definitions

The marketplace is a service dedicated to the companies in the food-processing industry which allows the publication of purchase orders, offers to sell and business opportunities which also facilitates the contact and comparison between selling parties and buyers or partners.

The selling party offers a product for sale or takes a position in response to a purchase order.

The purchaser places a purchase order or takes a position to respond to a purchase order or sales offer.

A user can at the same time have the qualification of the purchaser and or of the seller.

The user as advertiser: the legal representative is identified and entered under the services of Foodmarketsourcing.com in order to pass on an advertisement.  Registration is done by the entering on line in a form to file an advertisement, which is protected in order to guarantee the anonymity of the parties.

The user as reader: the legal representative wishing to take note of advertisements on the site of Foodmarketsourcing.com by the advertisers, and whose free registration offers free on line access to the advertisements and the services for comparing parties.

Elements of identification: Login identifier (User ID) and password are chosen by the user at the moment of there registration and once transmitted by Foodmarketsourcing.com this will enable the user access to the services via the members space/section.

User ID: indicates the personal access code used by the client to access the services.

Password: indicates the personal code that the client must enter, with their “User ID” to access the services.

Registration Form: refers to the form to be completed by the user as purchaser or seller including the personal data, the details of the company, as well as the necessary information to become an authorized user of the service.

Member space: private space for the user accessible on line to the Foodmarketsourcing.com site which combines personal informations, the advertisements placed on the site by the advertiser, as well as the advertisements selected to perform a request for comparison.

Form of submission of advertisements: refers to the online entry form to tour and capture on line sales offers or a request for purchase or an opportunity for business. It involves the definition of products, their criteria and of the commercial terms and conditions of the potential transaction.

Other information necessary with the conclusion of the commercial transaction: a questionnaire is to be completed by the purchaser and the seller containing the necessary information with the businesses transaction and to determine the characteristics and options of the commercial transaction.

The user engages to provide Foodmarketsourcing.com  with information that is up to date, complete and accurate and to maintain and update the coordinates of its user account.

Foodmarketsourcing.com is obliged to hold and preserve, under the conditions laid down in the regulations, the data allowing the identification of any individual user of the site.

2. Operation

The user is registered and filed free of charge on sales offers, requests for purchase and businesses opportunities, the user creates its alerts and manages its user account.

The user can also search and consult the advertisements free of charge. The anonymity of the advertisers is preserved until the conclusion of the commercial transaction.

The buyer/seller who wants to be placed in contact with a seller/buyer must first be registered, then validated by Foodmarketsourcing.com and can then make his request for comparison via the messaging of the site Foodmarketsourcing.com. The Buyer/seller must accept the conditions of use and conform to the terms and practices enforce.

2.1 Method for free registration and management of the user account.

The information on personal details which is requested at the time of the registration is accessible and can be modifide in the user’s account. All the mandatory fields of the form must be completed to avoid rejection of registration.

The free registration offered to any user is valid without condition of time or duration. Nevertheless, a registered user who does not use its account during more than 1 year will be automatically deleted from the database of the users.
At registration an email is sent in order to check that the email address provided is valid. Confirmation of registration is made by clicking on the link provided in the email.

The user guarantees that the information communicated to  Foodmarketsourcing.com is correct and accurate at the moment of it’s registration and conforms to the obligation to update the data throughout the duration of its listing on the services of Foodmarketsourcing.com. All the manditory fields of the forms must be completed.

Foodmarketsourcing.com is not responsible for any default or accuracy of the information provided by a user or of the character of this information or information not updated.

2.2 Login and password

The user undertakes to keep strictly confidential his/her ID and password provided to Foodmarketsourcing.com.

2.3.Access to Foodmarketsourcing.com site and the services of the market place

The access to the member’s space is carried out under the responsibility of the user who commits itself to preserving its characterists of identification and to use them only on a purely strictly personal basis.

The access to the services of Foodmarketsourcing.com is possible during 24 hours 7 days a week except in the event of major cause or interventions of maintenance necessary for the correct performance of the services of Foodmarketsourcing.com.

The free access with the services of Foodmarketsourcing.com does not confer any exclusiveness on any user.

To be published, the sales offer or the request for purchase must respect the rights of third parties and the regulations in force, in particular regarding competition, advertising and publicity, trade marks, copyrights, hazardous products, import/export and not to be contrary to public law and order and comply to the morals expected with a " Business to Business" character, i.e. to act as professionals.

2.4. Interruption of access to online services of Foodmarketsourcing.com

Foodmarketsourcing.com reserves the right at any moment to prohibit the access to the services of its market place and/or the whole site to any Registrant who violates the conditions of use and, more generally, any legislation and/or applicable regulation. This operation will be through simple notification by email and without prior notice that the latter may oppose.

2.5 Publication of an offer to sell or purchase application or opportunity for business.

Foodmarketsourcing.com performs a control on the advertisements before being placed on line and ensures compliance with the obligations and responsibilities of the users. We make every effort to ensure that the advertisements are published in the market place within 24 hours (office hours 9:00 – 17:00 from Monday to Friday) after the filing by electronic means.

2.6. Duration of setting on line

The user is responsible to manage his advertisements, to update them or to remove them from the market place. However, offers beyond 15 days will be subject to an alarm to the advertiser for the revalidation or the removal of the latter.

2.7. Obligations and responsibility for the user

The user undertakes to respect the laws and payments in force in France and in its country of origin and any applicable regulation. It is committed to not restrict or block the good performance of the Foodmarketsourcing.com site in any manner or other and in particular, by transmitting elements likely to damage, intercept and/or interfere with the whole or part of the site.

2.8. General obligations of the purchaser

The purchaser undertakes not to make requests for purchase or not to respond to an offer of sales in bad faith or fraudulently or an intention or purpose other than to negotiate in good faith the purchase of a product.

2.9. General obligations of the seller

The seller who deposits its offer for sale on Foodmarketsourcing.com, in accordance with the directions and instructions provided, is solely responsible for its offer and, in particular, the information relating to the products and their prices as well as their conditions of sale. The Seller undertakes to give an honest and fair description that is objective and in conformity to the products. The Seller, as author of an offer to sell or who responds to a request for purchase, ensures that he is the owner of the product or that it is authorized to negotiate and exchange the products.

2.10. Positioning of Foodmarketsourcing.com

In order to ensure the seriousness and the reliability of its market place, Foodmarketsourcing.com shall ensure the correct code of conduct in commercial transactions and the practice of brokerage and in its regulatory framework.

Foodmarketsourcing.com reserves the right to refuse upon its review and judgement any application for registration and/or to proceed with the automatic withdrawal of any advertisement and/or any request for comparison and/or any disclosure of information which it feels would be contrary to the provisions of the general terms and conditions of use, the general terms and conditions of sale and the rules and regulations in force.

Furthermore, Foodmarketsourcing.com or any person cannot be held responsible for the consequences of the use of inaccurate information or the absence of information. Through the services and publication of advertisements and comparisons, Foodmarketsourcing.com can not in any way be held responsible for any financial loss or commercial damage where necessary by any user.

2.11. Refusal of publication or modification of an offer or a request

Foodmarketsourcing.com may at any time refuse the publication of an offer or request or opportunity of businesses and remove any offer or request or opportunity of businesses placed on line, without engaging its responsibility and with out prejudice to its other rights and recourse.

Foodmarketsourcing.com may also intervene in the structure of the advertisement to modify and/or remove any element. The user explicitly waives any recourse against Foodmarketsourcing.com for this reason.

2.12. Use of Relationships and Comparisons

Foodmarketsourcing.com can in no way be held responsible for the establishment, the execution or the termination of a relationship established between users.

Foodmarketsourcing.com and its brokerage service intervene obligatorily in the capacity as intermediary in the transaction between purchasers and sellers. We check the ability of sellers to sell the goods and the purchasers to pay these goods as well as the related charges and related services.

We control the quality of communications and respect towards the ethics in the exchange of information during the comparison, establishment of a relationship and the negotiation. The user has a messaging service on Foodmarketsourcing.com. The correspondence between the parties during trade negotiations are ensured by email through the member’s space and are subject to control in order to ensure the anonymity of the transactions.

2.13. Evidence on the consent of the commercial transaction

The agreement of the parts concerning the commercial transaction is confirmed by the issuance of the headed document entitled “Conclusion of Businesses” and engages the seller and the purchaser to perform their obligations.

3. Confidential Data

Pursuant to the law n°78-17 of January 6, 1978 relating to data processing, files and liberties, each user has the right towards opposition (art.26 of the law), access (art 34 to 38 of the law) and rectification (art 36 of the law) of the data concerning the user. Thus the user may require that the information concerning the user which is inaccurate, incomplete, misleading or outdated are rectified, supplemented, clarified, updated or erased. The user acknowledges having been informed of his right of access, modification and correction as well as its right to request at any moment the deletion of its contributions.

Foodmarketsourcing.com undertakes to keep, treat or transmit all or parts of the information against infringement of the rules stated in this contract and to take all reasonable precautions in order to protect all or parts of the information against any loss or fraudulent use.

4. Maintenance/Backup

The user acknowledges that foodmarketsourcing.com may interupt the service or part of the services for reasons of maintenance, without financial claim and this at any moment and without notice. Foodmarketsourcing.com can not be held liable for any loss or deterioration of data.

5. Effective date and duration of validity of the conditions of use

The conditions on use for the services of Foodmarketsourcing.com apply as soon as the user connects itself to the Foodmarketsourcing.com site. They can be modified at any moment by Foodmarketsourcing.com. In this situation the modifications made, come immediately into effect as of the date of there implementation in line.

6. Applicable law and court of jurisdiction

The present general terms and condition of use are governed by the French legislation irrespective of the place of use or acquisition.

In the event of a possible dispute on the interpretation or on the execution of these general terms and conditions of use and after the failure of any attempt to seek an amicable solution, then the sole jurisdiction is allotted to the French courts.

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