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TERMS & CONDITIONS

Version 4.0 dated 23rd of December 2008 replaces version 3.8. The main changes are the simplification of the fees for auctions and new articles regarding the new services E-Energy Market Business Directory and Selective News.

 

Terms and Conditions and privacy policy of E-Energy Market.

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

 

1 E-Energy Market

E-Energy Market is a company and trademark of Aramiska Benelux BV and is based in Huizen, The Netherlands and is registered at the Chamber of Commerce with registration number 32073375 and BTW (Dutch VAT) registration number 8079.76.829.B.01

 

This Terms and Conditions of Use Agreement (the "Agreement") describes the terms and conditions applicable to User’s use of the E-Energy Market web site at the URL www.E-Energy Market.com or any other website that links to this web site such as www.E-EnergyMarket.nl ; www.E-EnergyMarket.de ; www.E-EnergyMarket.de ; www.E-EnergyMarket.be ; www.E-EnergyMarket.eu ; www.E-EnergyMarket.net ; www.E-EnergyMarket.org or www.E-EnergyMarket.info or www.E-EnergyMarket.br or www.E-EnergyMarket.biz. (These will all be referred to as the "Site”).

 

This Agreement is entered into between you as the user of the Site ("User") and E-Energy Market, ("E-Energy Market").  If “his” or “he” is used to refer to a person, this implicitly includes male and female persons.

 

2 Definitions

 

2.1 SCOPE

The Scope of E-Energy Market (“Scope”) is matching companies and their offers on the E-Energy Market internet portal and providing news and business information. These services are offered as a business directory, news services, advertisements and auctions such as Regular Auctions, Dutch Auctions and Reverse Auctions. All are related to biofuels (bio energy) and renewable energy.

 

2.2 News

For purpose of this Agreement News or E-Energy Market Selective News or Selective News (“News”) is information that is gathered by E-Energy Market and published at the Site and provided to the Users by means of email, a link in an email or RSS feeds.

 

2.3 Directory

For purpose of this Agreement Business Directory or E-Energy Market Business Directory or Directory (“Directory”) is the database at the Site with information that is filled by Users about their own company and in which (other) Users can search.

 

2.4 Auction

For purpose of this Agreement Auctions (“Auction”) are any kind of selling such as sale as the result of adverting in Classifieds and auctions such as Regular Auctions, Reverse Auctions and Dutch Auctions on the Site.

 

2.5 User

For purposes of this Agreement, a "User" (“User”) is any private person, or person acting on actual or apparent authority of a legal entity such as a business or any other commercial or non-commercial organisation who accesses and / or uses the Site for whatever purpose, regardless of whether said User has registered with E-Energy Market as a registered User or as a paying or non-paying customer for a specific services provided by E-Energy Market. A Registered User of E-Energy Market (“Registered User”) is a User who has filled out the on-line registration form on the Site by giving its information (such as name, address, telephone and fax number, email address, details of its business, etc.).

 

2.6 Additional Services

Additional Services (“Additional Services”) are defined as services beyond advertising/promotion/publicity, Auctions, News and Directory services.  

 

2.7 Account

E-Energy Market will establish an account ("My Account") for each Registered User and each Registered User will have a user name ("User ID") and password ("Password") for log-in access to its own My Account.

 

2.8 Third Party Rights

Third Party Rights (“Third Party Rights”) are third party copyrights, trademarks, trade secret rights, patents and other personal, business or proprietary rights affecting or relating to material or information displayed on the Site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Site.

 

2.9 Transaction Risks

Transaction risks (“Transaction Risks”) are defined as risks that include, but are not limited to, mis-representations of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacturing, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights. And the risk that User may incur costs of defence or other costs in connection with third parties assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defence or indemnificate in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the damage or harms that any other private person, organisation or legal entity or others, claim to have suffered in relation to the products and services obtained at the Site.

 

2.10 Products

Products as items in auctions include tangible and intangible products like services.

 

3 General

E-Energy Market is an electronic portal that provides news, information and services to individuals and companies all related to biofuels (bio energy) and renewable energy. Companies can offer products, post advertisements for their products, services, vacancies and events, promote their company, their products or their auctions, start Regular Auctions,  Reverse Auctions or Dutch Auctions and bid and buy objects and/or products. Individuals can select news categories they want to be kept updated about.

 

E-Energy Market brings buyers and sellers in contact through its services. And it facilitates in Auctions to coming to an agreement up to the moment the auction is closed. E-Energy Market may offer additional services to facilitate the execution of agreements such as Escrow, import, export, customs & excise and tax services, but is never party in the agreement between buying and selling Users.

 

Therefore E-Energy Market can not exercise control or checks on the quality, correctness, safety or legality of the objects. E-Energy Market is not party in the agreement, neither does it represent the seller nor the buyer in specific transactions, therefore E-Energy Market can not be held responsible for any charges, compensation for damages etcetera as a result of possible conflicts resulting from the agreement.

 

Registration and use of E-Energy Market is free with exception of fees charged for advertising, promotion, additional information in the Directory, other additional services and sales commissions to be paid by the seller. Not paying or avoidance of fee’s and commissions may lead to suspension of the Account, and/or banning from the Site, financial penalties, legal action and reporting with naming and blaming.

 

E-Energy Market takes all possible measures to ensure that the Site is reliable and trustworthy for Users. Making offers and bidding on the Site legally binds buying and selling Users into a legally enforceable agreement and resulting transaction.

 

E-Energy Market will do its utmost to give reliable information, therefore E-Energy Market shall ensure to the extent possible that the substance of all information originating from E-Energy Market - including information on its  organisation, partnerships, products and services - supplied by means of E-Energy Market’s e-business activities, is complete and correct.

 

All questions, notices or demands to or upon E-Energy Market shall be effective if in writing and shall be duly made when sent to E-Energy Market in the following manner: to E-Energy Market, P.O. Box 21, 1270 AA Huizen, The Netherlands or Questions(at)E-EnergyMarket.com. E-Energy Market will respond as soon as reasonably possible, but no later than two weeks after receipt of the question.

 

Information on offers, bids and all other transactions will be communicated daily.

 

All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to E-Energy Market, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when E-Energy Market is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or immediately upon E-Energy Markets posting such notice on an area of the Site that is publicly accessible without charge.

 

E-Energy Market recognizes electronic communication. Should E-Energy Market receive information electronically, E-Energy Market shall not dismiss the validity, any legal effects and/or any enforceability thereof on account of the mere fact that the information is electronic and that E-Energy Market have not (also) received the information in hard copy. This means, inter alia, should it be intended to conclude an agreement by means of electronic communication, that E-Energy Market shall not deny the conclusion of such an agreement on account of the mere fact that E-Energy Market have not sent the offer or received the acceptance (also) in hard copy. Furthermore, should in the course of legal proceedings electronic information be submitted as evidence, E-Energy Market shall not claim that such information constitutes insufficient proof on account of the mere fact that the information was not made available to us (also) in hard copy.

 

Subject to any additional agreements relating to other Services, this Agreement constitutes the entire agreement between the User and E-Energy Market with respect to access to and use of the Site, superseding any prior written or oral agreements in relation to the same subject matter herein.

 

E-Energy Market and the User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

 

If any provision herein is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

 

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

 

E-Energy Markets failure to enforce any right or failure to act with respect to any breach by a User under these terms and conditions will not waive that right nor waives E-Energy Markets right to act with respect with subsequent or similar breaches.

E-Energy Market shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to Additional Services to any person or entity.

Breaches of the terms and conditions may result in a number of actions, including:

·         Cancellation and removal of any or all of Users content on the Site

·         Limits on account privileges

·         Account suspension

·         Being reported to the Police,

·         Legal action

·         Being reported to credit listing companies

·         Payment of penalties

·         Banning from the Site

·         Naming and blaming

 

This Agreement shall be governed by the laws of The Netherlands and all parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of The Netherlands.

 

4 Application of and Acceptance of Terms and Conditions.

By accessing or using the Site, the User agrees to accept the terms and conditions in this Agreement as a User. A re-confirmation of this agreement is asked at registration for the use of the Auction services only. The User shall be bound by the terms and conditions of this Agreement with respect to his access or use of this Site and any further upgrade, modification, addition or change to this Site. If the User does not accept all of the terms and conditions of this Agreement, he may view, but not use this Site in the broadest sense including but not limited to, copying or rewriting of data or contacting any of the persons or organisations active at the Site.

 

This Agreement applies to all possible usage and services of this Site.  In case of Additional Services with specific terms and conditions, and any conflict or inconsistency, then these shall be resolved by E-Energy Market or its affiliates in a reasonable way.  Only to the extent that such conflict or inconsistency cannot be so resolved, the provisions of the terms and conditions applicable to such specific Additional Service shall prevail.

 

E-Energy Market may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective 1 day after initial posting. The date of last amendment is mentioned at the first line of this document. Posting by E-Energy Market of the amended and restated Agreement and User’s continued use of the Site implies User’s full acceptance of the amended terms.

5 USE OF THE SITE, REGISTRATION, CONTENT AND USE

5.1 Use of the Site

E-Energy Market reserves the right to limit, deny or create different access to certain or all areas or features of the Site with respect to different Users, or to change any of the features or introduce new features without prior notice. Access to and use of some of the Additional Services may be governed by additional terms and conditions under separate agreements in addition to this Agreement. 

 

Users may use this Site solely within the scope of the Site and for their business purposes; and any other action not considered as related to business purposes is prohibited.

 

Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the "E-Energy Market Content") for the purpose of re-selling or re-distributing the E-Energy Market Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with E-Energy Market, or otherwise commercially exploiting the E-Energy Market Content. Systematic retrieval of E-Energy Market Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from E-Energy Market is prohibited.

 

In addition the User agrees that he will NOT:

·         take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionally large load in the E-Energy Market infrastructure;

·         interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;

·         Use the Site for unlawful purposes, and will not infringe the rights of, restrict or inhibit anyone elses use and enjoyment of the Website. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Website;

·         commit to buying an item without paying;

·         Bid with no serious intention of buying or delivering in the case of Reverse Auctions. Each bid and offer is a binding contract;

·         misuse the bid retraction option to manipulate the bidding process;

·         Bid on or try to buy an item when the buyer does and/or can not meet the seller’s terms and description as outlined in the item listing, or bid or buy with the intention of disrupting a listing. Or any other version of unwelcome and malicious buying;

·         Engage in shill bidding to increase an item’s price or make it artificially more attractive. Bidders on an item must be completely independent from the seller of that item.  

·         Interfere with a transaction or offer to buy or sell listed items outside of the E-Energy Market site.

Sellers must honour the agreement and transaction contract. Sellers cannot fail to deliver an item for which agreement was reached, payment accepted, significantly misrepresent an item by not meeting the terms and item description outlined in the listing, or refuse to accept payment for an item at the end of a successful sale.

 

When a User bids on an item the User enters into a binding contract with the Seller to purchase the item if the User is the highest bidder at the time of closing. In case of Reverse Auctions the selected Seller has a legally binding contract and is obliged to fulfil his offer or proposal as described.

 

E-Energy Market may request buying Users or potential buying Users to prove to E-Energy Market on first request that they are creditworthy for the amount of their bid. If they fail to do so, or fail to prove their creditworthiness E-Energy Market may deny access to this auction, or take other actions to ensure that successful auctions can be executed.

 

5.2 Registration

Each User guarantees the completeness and correctness of the information as Registered User at all times. After logging in the Registered User can update his information in “My Account” on the Site.

 

If the Registered User registers a business entity, he confirms that:

·         He has the authority to bind the entity to this Agreement; and

·         All other information submitted to E-Energy Market during the registration process is true, accurate, current and complete.

 

By becoming a Registered User, you agree that User’s personal and business data are stored in E-Energy Market’s database and you authorize E-Energy Market to share such information with other Users as far as needed for the completion and fulfilment of transactions.

 

No sales agency relationship is created between any User and E-Energy Market, E-Energy Market’s affiliates, directors, officers or employees by displaying any of the Users information on the Site.

 

E-Energy Market may refuse registration and deny the issuance of an Account and associated User ID and Password to any User, or suspend or terminate a Registered Users Account without giving notice to the Registered User;  if:

·         in E-Energy Markets opinion, there is any breach of the provisions of this Agreement by the Registered User; or

·         E-Energy Market has reasonable grounds to suspect that information provided by a Registered User is not valid, untrue, inaccurate or is not current or complete, or

·         (c) E-Energy Market believes that the Registered Users actions may cause financial loss or legal liability to such Registered User, E-Energy Markets other Users, and/or E-Energy Market or its affiliates; or

·         (d) You do not represent a company that wants to participate in auctions for business reasons; or

·         (e)You as a person or representing a company that has been banned from E-EnergyMarket.com because your behaviour in the past was viewed as in conflict with the Terms and Conditions; or

·         (f) Any other reason that in the opinion of E-Energy Market is sufficient.

A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User ID or Password to a third party without the prior written approval of E-Energy Market.

 

5.3 Content

Content on the Site will be provided or posted by E-Energy Market and by third parties ("Third Party Content"). Any Third Party Content is the sole responsibility of the User or party who provided the content. E-Energy Market is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with Users reliance on such Third Party Content.

 

The Site content, including the information, news, texts, names, images, pictures, logos and icons regarding or relating to the Site, its advertised properties (or to third party products and services), is provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, correctness and accuracy.

 

Links in the Site may connect to other websites maintained by other parties over whom E-Energy Market has no control. E-Energy Market makes no representations as to the accuracy or any other aspect of information contained in other websites.

 

5.4 Users information published on the site

 

Each User hereby warrants and agrees to

·         provide E-Energy Market with true, accurate, current and complete information to be displayed on the Site; and

·         Maintain and promptly amend all information to keep it true, accurate, current and complete. For the purpose of use on the Site or in any other media within the purpose of promoting the Site, transactions on the site and its Users, each User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub licensable (through multiple tiers) license to E-Energy Market to display and use all information provided by such User in accordance with the purposes set forth in this Agreement. This license exercises the copyright, publicity, and database rights Users have in such material or information, in any media now known or not currently known.

Each User hereby confirms, warrants and agrees that information submitted to E-Energy Market for display on the Site, or in any means of communication to addressees from the Site shall not:

·         contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities; or

·         be part of a scheme to defraud other Users of the Site or for any other unlawful purpose; or

·         abuse the auctioning or information about auctions or Users by methods such as but not limited to: shilling and feedback padding, overtime dealing etcetera; or

·         relate to manufacture, offer, sale, importation and/or distribution of products or services that infringe or otherwise abuse or encourage the infringement or violation of any third partys copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights; or

·         advertise and sponsor or submit material that is in conflict with international and national law. E-Energy Market will not be responsible for any error or inaccuracy in advertising material. E-Energy Market reserves the right, at its discretion, to make changes to any part of the web site; or

·         violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); or

·         be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors; or

·         contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyones privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation; or

·         solicit business from any User in connection with a commercial activity that competes with E-Energy Market; or

·         contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; or

·         link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; or

·         otherwise create any liability for E-Energy Market or its affiliates.

 

E-Energy Market reserves the right in its sole discretion to remove any material displayed on the Site which it reasonably believes is unlawful, could subject E-Energy Market to liability, violates this Agreement or is otherwise found inappropriate in E-Energy Markets opinion.

 

5.4 Liability

 

Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall E-Energy Market be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.

 

When Users are involved in a transaction, they may obtain access to each others name, User ID, email address, and other contact information, postal information and financial information. We cannot guarantee that other users will respect the privacy or security of your information. We ask you to respect other users privacy and security. You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:

  • E-Energy Market -transaction-related purposes that are not unsolicited commercial communications
  • using services offered through E-Energy Market; and
  • other purposes that a user expressly agrees to.

E-Energy Market is not party to the actual transactions between buyers and sellers. Users will not hold E-Energy Market responsible for the actions or inactions of buyers or sellers involved in transactions (whether such transactions are carried out on or off E-Energy Market) or for ensuring that they actually complete transactions.

E-Energy Market has no control over, does not guarantee, and Users will not hold E-Energy Market responsible for:

  • the correctness or incorrectness of News on the Site
  • the correctness or incorrectness of information in the Directory
  • the quality, safety or legality of items advertised;
  • the truth or accuracy of listings;
  • the truth or accuracy of feedback or other content posted by users on the Site;
  • the ability of sellers to sell items;
  • the ability of buyers to pay for items; or
  • whether a buyer or seller will actually complete a transaction.

Please do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on the Site.

You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on the Site.

E-Energy Market reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Furthermore, E-Energy Market may disclose the Users identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and E-Energy Market shall not be liable for damages or results thereof and User agrees not to bring any action or claim against E-Energy Market for such disclosure.

Regardless of the terms and conditions in this agreement, if E-Energy Market is found to be liable, our liability, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, to you is limited in any 12 month period to the greater of: (a) the total fees you paid to us in relation to the listing or other service offered which gave rise to the liability, and (b) €100.

 

5.5 Transactions between Users in Auctions

Users automatically enter into a legally binding contract in which buyers are obliged to purchase the item from the seller if they win the online auction-style listing or use the Buy It Now feature. And Sellers are obliged to deliver the item in the condition as described on the Site.

 

Users are hereby made aware that there may be risks of dealing with people acting under false pretexts. E-Energy Market uses several techniques to verify the accuracy of the information the Users provide us when they register on the Site. However, because user verification on the Internet is difficult, E-Energy Market cannot and does not confirm each Users identity. E-Energy Market encourages Users:

(a)              To use the tools available on the Site, as well as common sense, to evaluate with whom you are dealing.

(b)              And E-Energy Market encourages selling Users to set the conditions such as to reduce their risks.

 

Each User acknowledges that it accepts all Transaction Risks and related liability when using the Site. Each User agrees that E-Energy Market shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise as a result of or in connection with any Transaction Risks.

 

Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.

 

In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify E-Energy Market (and its agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.

 

Users are fully aware that making an offer or bidding are legally binding and can not be withdrawn or retracted. Only in case of offers that contain mistakes that are easily and objectively recognizable as typing errors, and should never been made under the circumstances and conditions of the time when the offer was made,  and have serious and substantial consequences for the User that made the offer, have the option to be adjusted or removed by E-Energy Market. Judgement whether this is the case is completely and solely to the discretion of E-Energy Market.

 

Buying and selling Users that complete the agreement and/or transaction that was started on the Site, without involvement of the Site and herewith avoid paying fee’s and commissions confirm that each User involved will pay a penalty of 25 times the amount avoided by buying and selling User combined upon first demand to E-Energy Market. These buying and selling Users will be banned from the Site, until the penalty including possible interest charges has been paid in full to E-Energy Market.

 

6 Fees, Invoicing and Payment

 

Access to the Site and some of its features are provided to Users free of charge. However, E-Energy Market charges fees from Users for additional services, publicity and advertising; and fees from successfully selling Users. 

These Fees are published under Frequently Asked Questions (“FAQ”) and are subject to change. These changes are communicated 1 month before the first day that the changes will take effect on the Site. The fees are as follows:

 

1-There are no costs involved for registration, setting up a Regular or a Reverse Auction.

2- Buyers do not pay costs for the use of E-Energy Market when bidding or purchasing in Auctions.

3 Users do not pay a period, subscription or membership fee for Auctions.

4 When a Regular of Reverse auction is successful, the seller (client) owes a fee to E-Energy Market that is based on the End Value or Final Value Fee.

These costs are charged to the seller according to the following pace list:

Costs payable after successful sale in Auctions

Percentage

sales with a value up to 100 Euro:

       5,00

sales with a value from 100 to 1.000 Euro:

3,00%

sales with a value from 1.000 Euro to 2.500 Euro:

2,00%

sales with a value from 2.500 to 5.000 Euro:

1,00%

sales with a value above 5.000 Euro:

0,50%

sales with a value from 10.000 Euro to 25.000 Euro:

0,20%

sales with a value from 25.000 to 50.000 Euro:

0,19%

sales with a value from 50.000 to 100.000 Euro:

0,18%

sales with a value from 100.000 to 250.000 Euro:

0,17%

sales with a value from 250.000 to 500.000 Euro:

0,16%

sales with value higher than 500.000 Euro:

0,15%

 

5 -The user had several ways of promoting its auctions, products and services and its company. Some are free and others have costs.

 

Price list

Fee

Registration as User, buyer and/or seller

€ 0,00

Registration basic information one or more companies

€ 0,00

Registration additional information for 1 company

€ 35,00

Advertisement in Forthcoming Events / Events for max. 3 months

€ 95,00

Advertisement for vacancy in Jobs and Newest Jobs for max. 3 months

€ 95,00

Posting an auction, bidding on an item or buying in an auction

€ 0,00

Picture gallery (more than 1 standard picture)

€ 1,00

Home Page Featured Item + Regular Auctions page

€ 10,00

Category Featured Item Fee for Regular and Reverse Auctions

€ 5,00

Using Bold Item

€ 2,00

Using Highlighted Item

€ 1,00

Reserve Price fee

€ 0,00

 

All Fees are published excluding the Dutch tax BTW (VAT), and BTW (VAT) will be added on the invoice. The percentage in December 2008 is 19% and may be subject to change and will be invoiced according to the Dutch law and regulations. The BTW (VAT) will not be invoiced to businesses that fall under the conditions of a ruling of the Dutch tax authorities, as soon as obtained. The BTW (VAT) will not be charged to non-Dutch companies that provide their valid VAT number. The BTW (VAT) paid by customers might be reclaimable from the tax authorities; however, E-Energy Market will not provide guidelines, help or assistance in doing so, except for the invoices that form the basis for reclaiming the taxes.

 

In Auctions the User is obliged to pay the fee immediately after receipt of the E-Energy Market invoice and the amount must be received on the E-Energy Market bank account within 11 working days after invoice date. Failure to do so will mean that the User is in default in relation to E-Energy Market and without written notice or default being required, he is liable to pay interest on the outstanding sum calculated at a rate of 10 % from the date on which payment was due. In addition, if E-Energy Market has to remind the customer about the late payment, E-Energy Market is entitled to charge an administrative penalty of 0,5% per day overdue, calculated over the amount overdue. Reduction or setoff is not possible.

 

Other services than Auctions are to be paid by Pay Pal before publication of the information.

 

All costs incurred by E-Energy Market both in and out of court in collecting a sum from the User are to be covered by the User. Extrajudicial costs are subject to a minimum of € 200.00 per case excluding VAT.

 

E-Energy Market sends its invoices electronically and there is no option to send paper invoices. These electronic invoices are legally binding.

 

In Auctions the sellers and buyers must pay relevant fees and taxes for the goods sold according to the conditions they have mutually agreed to.

 

7 Intellectual Property Rights

 

E-Energy Market respects the intellectual property rights of third parties. Should E-Energy Market, in conducting e-business, offer information, products and/or services carrying third-party rights by electronic means, E-Energy Market shall report this explicitly and make every reasonable effort to ensure that these intellectual property rights are respected and that obligations arising there from are duly honoured. If E-Energy Market become aware of infringement of such rights by third parties, E-Energy Market shall as far as reasonably possible notify the proprietor concerned.

 

E-Energy Market is the sole owner or lawful licensee of all the rights to the Site and the E-Energy Market Content. The Site and E-Energy Market Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and E-Energy Market Content shall remain with E-Energy Market, its affiliates or licensors of the E-Energy Market Content, as the case may be. All rights not otherwise claimed under this Agreement or by E-Energy Market are hereby reserved.

 

"E-ENERGY MARKET", and related icons and logos are registered trademarks or trademarks or service marks ofAramiska Benelux BV in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

8 privacy policy

 

Good privacy management is an essential part of the management of E-Energy Market’s business contacts, and for that reason, E-Energy Market’s privacy policy is made known in a clear way. E-Energy Markets Privacy Policy governs the protection and use of each Users information in E-Energy Markets possession. Each User hereby accepts the Privacy Policy and any updates and amendments thereto. Each User acknowledges that E-Energy Market may change the Privacy Policy from time to time provided that E-Energy Market shall make available the updated version of the Privacy Policy on the Site at all times. User’s continued use of the Site implies User’s full acceptance of the amended policy.  

 

E-Energy Market shall process personal data in a proper and careful manner and in accordance with the law, which means, inter alia, that E-Energy Market will:

  1. collect personal data for specified, explicit and legitimate purposes;
  2. regard personal data to be confidential information which shall be processed only in the framework of E-Energy Market’s normal business activities to the extent permitted by law, including in the event that:

a)     the User has unambiguously given his consent or, to the extent prescribed by law, has given its explicit consent; or

b)     processing the data is necessary for the performance of a contract concluded or to be concluded with the User; or

c)      processing the data is necessary for compliance with a legal obligation to which E-Energy Market is subject; or

d)     processing is necessary for the purposes of the legitimate interests pursued by E-Energy Market or by a third party to whom the data are disclosed, except where such interests are overridden by the interests or the fundamental rights and freedoms of Users, in particular the right to protection of privacy

  1. not further process personal data in a way that is incompatible with the purposes for which they were collected;
  2. unless E-Energy Market have other statutory obligations, not store personal data any longer than necessary for the purpose for which they were collected;
  3. only process personal data in so far as they are adequate, relevant and not excessive in relation to the purposes for which they are collected and/or further processed, and that E-Energy Market will take the necessary measures to ensure that personal data are correct and accurate;
  4. take appropriate technical and organisational measures to protect personal data against loss or any form of unlawful processing;
  5. inform the User in good time of E-Energy Market’s identity and the purpose of the processing and provide further information to guarantee proper and careful processing, unless the User already has this information;
  6. honour requests by Users to access or correct their data, provided that such requests are submitted at reasonable intervals;
  7. if, at the User’s request, E-Energy Market have corrected, supplemented or deleted personal data, E-Energy Market shall notify third parties to which such data may have been supplied as soon as possible of such correction, supplement or deletion, unless this proves impossible or requires a disproportionate effort. Access to the information under My Control Panel or any other password protected area on the site is considered to be sufficient for above obligation to give information.

 

Should E-Energy Market receive information from a User or a third party of which E-Energy Market is or may in reasonableness be aware that it needs to be treated as confidential, E-Energy Market shall ensure that effective measures are taken for the information and communication systems for which E-Energy Market are responsible in order to guarantee that confidentiality. E-Energy Market shall as far as E-Energy Market is able, indicate whether the transmission and/or reception of information entails exceptional risks for the maintenance of confidentiality.

 

 

 

 

 

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