Terms and Conditions - BusinessForSale.eu
WebshopOvername BV, trading under the name of BusinessforSale.eu, offers an online platform that it mediates between buyers and sellers of, among other things, web stores. The use of the website will always apply to these terms and conditions. You agree with the registration on the website. Please read these carefully so that you know what to expect and what to do.
Webshopovername BV is only a mediator and is not a party to the (buy) agreements that are concluded between sellers and buyers.
Article 1. DEFINITIONS
The terms written in the General Terms and Conditions, both in singular and plural, have the following meaning.
1.1 General Terms: The present terms, which are an integral part of the Agreement.
1.2 Advisor: Any User acting as an intermediary through the Service and advising or mediating on the purchase of a Web Store.
1.3 Service (s): Providing, through the Website, - but not limited to - the intermediary service and services of third parties, which makes it possible for User to buy and / or sell e-commerce Websites.
1.4 Web store: The website that is offered for sale on the Website, whether or not combined with the associated company.
1.5 User: Any user who has registered on the Website and / or the Website visits.
1.6. Acquisition Agreement: The Agreement Established between Buyer and Seller at the time Buyer of Seller Acquires the Web Store.
1.7 Buyer: The User who buys a Web store offered by the Service.
1.8 Agreement: The conciliation agreement between Webshopovername BV and User.
1.9 BusinessforSale.eu: a trade name (and domain name) of WebshopOvername BV, located at Sleepboot 11b in Houten and registered with the Chamber of Commerce under file number 70532044.
1.10 Seller: Any User who offers his Web Store through the Service.
1.11 Website: The website https://www.businessforsale.eu/ and all related subdomains.
ARTICLE 2. CONSTITUTION , DURATION AND END
2.1 The User Agreement with Webshopovername BV closes when User registers on the Website and then runs indefinitely.
2.2 After entering into the Agreement with Webshopovername BV, User may terminate it at any time by deleting the account or by sharing it in writing with Webshopovername BV.
2.3 Webshopovername BV may terminate the Agreement at any time, subject to a notice period of one (1) month.
2.4 Webshopovername BV may suspend or terminate the Agreement immediately if at least one of the following grounds applies:
- User is in default regarding a substantial obligation from the Agreement;
- User Bankruptcy has been requested;
- User has requested payment of payment;
- User activities are terminated or liquidated.
2.5 Termination of the Agreement does not release User from existing obligations under the Agreement. Payment obligations remain unchanged.
Article 3. REGISTRATION
3.1 In order to make full use of the Service, registration is required. This registration expires via the registration form as found on the Website. To register as a Buyer, a fee is due as stated on the Website.
3.2 During the registration process, User will enter his e-mail address, and User will assign a password that allows User to log in to the Website after registration and activation by Webshopovername BV. User is responsible for changing and choosing a sufficiently reliable password.
3.3 User must keep his login information strictly secret. Webshopovername BV is not responsible for abuse of the login information, and it is always assumed that a User who logs on to the Website, is actually that User. Everything that happens through User's account is under the responsibility and risk of the User.
3.4 If User knows or suspects that his / her login information has been submitted to unauthorized persons, he or she must change his / her password as soon as possible and / or notify BusinessForSale.eu so that BusinessForSale.eu may take appropriate action.
3.5 Webshopovername BV has at all times the right to refuse registration of a User. Additionally, Webshopovername BV has the right to add further terms to the site of the Web Store on the Website or Web Store. These conditions may include a minimum required (annual) revenue (history).
ARTICLE 4. CONTENTS
4.1 The parties will treat confidential information provided to them before, during or after the performance of the Agreement when this information has been marked as confidential or when the receiving party knows or reasonably suspects that the information was intended to be confidential. The Parties also impose this obligation on their employees and on third parties engaged by them to implement the Agreement. Confidential information shall in any case mean information provided by User to Webshopovername BV pursuant to Article 6 of these Terms and Conditions.
4.2 Users will confidentially treat the information they provide through the use of the Service, unless the Providing Party has given written permission to share the information with third parties.
4.3 Before Users decide to share certain information, Users are kept at all times to conclude a Confidentiality Agreement through the Service. Users are not allowed to exchange information in the absence of such confidentiality agreement.
ARTICLE 5. BUYING AND SELLING AND SELLING ADDITIONAL SERVICES
5.1 Users can register via the Website for the purchase of web stores or the submission of a search. Webshopovername BV is expressly not a party to the Acquisition Agreements created through the Service. BusinessForSale.eu has at all times only a mediating role in establishing the Acquisitions.
5.2 Webshopovername BV will perform the Services with due care and professionalism at its discretion. For the services to be provided, Webshopovername BV has a commitment obligation and no result obligation.
5.3 Before the Web Store is placed on the Website, it is possible to appreciate the Web Store through Webshopovername BV. The value of the Web Store, as determined by Webshopovername BV, is for indicative purposes only and does not constitute any commitment whatsoever. The final price paid for a web shop is subject to market forces. Therefore, the valuations of Webshopovername BV can not be derived from any rights.
5.4 Webshopovername BV provides certain information about the acquisition of a Web Store and related matters through the Service, in the form of a knowledge bank or otherwise. This information is offered without any form of warranty or claim for accuracy.
5.5 The information provided by the Website or otherwise made available by the Website is stored by Webshopovername BV and used to compile a suitable advertisement and manually link user profiles. Webshopovername BV will endeavor to ensure that User remains anonymous but can not guarantee that a User's Identity is not obsolete by third parties or other Users. Webshopovername BV is not responsible for any user damage caused by the disclosure of its identity. On request and in consultation with Webshopovername BV, ads can be modified.
5.6 Webshopovername BV offers users the option of acting as an Advisor. User will advise on and / or mediate in the purchase of a web store independently or on behalf of User and / or Webshopovername BV. This may be, for example, a Seller's Web Store, or a web store that is not (yet) offered on the Website. Webshopovername BV is entitled to advise advisors.
5.7 It is permitted at any time by Webshopovername BV to remove a Web Store from its Website and to modify or expire a particular Service. However, in connection with the foregoing, BusinessForSale.eu is never liable for damages for damage.
5.8 It is also permitted by Webshopovername BV to:
- To deploy the web shop for the (promotion of) the service;
- Via channels other than the Website, to recruit potential buyers or to promote the web store.
5.9 Through the Website, it is also possible to take out services from third parties. If User uses third party services, then the terms and conditions between User and the third party in question will be applicable at all times to the (general) terms of that third party. Webshopovername BV is expressly not responsible for the performance of the above agreements and is not a party to such agreements.
ARTICLE 6. OBLIGATIONS USER
6.1 User is fully responsible and liable for all information that he makes available to Webshopovername BV or distributes, disseminates, distributes or otherwise distributes.
6.2 User will provide timely and provide useful and necessary information or information for proper performance of the Service and provide all the cooperation. User ensures that all data and information are accurate, complete and up to date.
6.3 If Seller makes use of Google Analytics, Seller is bound to add BusinessForSale.eu as a user to his Google Analytics account or otherwise provide Webshopovername BV in order to provide BusinessForSale.eu with insights into the reports. And statistics of the Web Store performance.
6.4 User warrants that the contents of the distributed, disseminated, disclosed or otherwise distributed information provided by him do not:
- Is in violation of applicable laws and regulations, including but not limited to the Personal Data Protection Act, the Telecommunications Act and the Personal Data Authority, Consumer and Market Authority and other supervisory authorities;
- Is in violation of any right of third parties;
- The systems of Webshopovername BV or other Users cause or hinder damage;
- Is illegal.
6.5 At the first request of Webshopovername BV, User BusinessForSale.eu will provide sufficient information and information about the progress of the purchase of a Web Store.
6.6 It is User not allowed to act as someone else. In order to verify User ID, User may be asked to do an iDeal transaction, to send a copy of his or her valid ID, or to provide other documentation to Webshopovername BV. User is required to hear such requests from Webshopovername BV. In the absence of such information, User may or may not use the Services fully.
6.7. Only Seller and Buyer are responsible for the (proper and complete) execution of the Agreement. In the case of a company acquisition, Seller and Buyer are at all times responsible for any assets, liabilities or shares.
6.8 Seller and Buyer are obliged to communicate to BusinessForSale.eu at what price the Web Store has been purchased within seven (7) working days after the Agreement has been concluded. Seller and Buyer are required to send a copy of the Agreement signed by both parties at Webshopovername BV at first request. Seller and Buyer ensure that all information contained in the Agreement is truthfully completed. To verify the purchase price, BusinessForSale.eu also has the right to request additional documents, including but not limited to bank statements.
6.9 If Seller and / or Buyer fails to comply with the clause 6.8, Seller and / or Buyer shall forfeit a non-judicial and immediately payable fine of EUR 25,000. The foregoing shall be without prejudice to all further rights of Webshopovername BV, including those for compliance and / or compensation for the actual loss suffered by it, in so far as it exceeds the forfeited fine.
6.10 If the Web Store is sold without any intermediation of Webshopovername BV, Seller must immediately notify Webshopovername BV in writing. The mediation committee as mentioned in article 7 of the General Terms and Conditions is not due in that case. At Seller, at any time, the burden of proof is sufficiently convincing to demonstrate that the Web Store has actually been sold without any intervention by Webshopovername BV.
ARTICLE 7. PRICES, COMMISSION AND PAYMENT
7.1 All prices quoted on the Website are in euros and, unless otherwise stated, excluding any government taxes and charges imposed.
7.2 Webshopovername BV is entitled to the mediation commission as stated on the Website on any Web Store sold by the Service, regardless of the date of termination of the Agreement. The Conciliation Committee is based on the amount of the selling price and linked to a minimum amount due.
7.3 The seller is responsible for payment of the mediation commission. For paying the mediation commission, Webshopovername BV will send an electronic invoice. Seller agrees with electronic invoicing.
7.4 The payment period for an invoice is thirty (30) days after the invoice date, unless otherwise agreed in writing.
7.5 If Seller has not yet paid in full after the payment period, Webshopovername BV will still be able to pay the invoice amount within fourteen (14) days. If Seller has not paid in full after this period, he is automatically in default without requiring notice of default.
7.6 In the case of a non-timely payment, Seller is liable, in addition to the amount due and interest thereon, to a full compensation for extrajudicial and judicial costs, including full attorney fees.
7.7 If User for the Service, a payment other than the Conciliation Committee is owed to BusinessForSale.eu, then User must pay this payment through one of the payment methods offered by Webshopovername BV. Webshopovername BV is free in the choice of offering payment methods, and these may also change from time to time.
Article 8. PERSONAL DATA
8.1 The personal data to be processed by Webshopovername BV are covered by the Personal Data Protection Act ("Wbp"). Webshopovername BV processes the personal data of users in accordance with the privacy statement published on the website.
8.2 Webshopovername BV will provide an appropriate level of security in view of the risks involved in processing and the nature of personal data to be protected. However, only if and in so far as they are in the systems or infrastructure of BusinessForSale.eu.
8.3 If, in the context of a statutory obligation, User is required to modify, remove or resign, Webshopovername BV will fully cooperate with it in accordance with the Wbp data stored in Webshopovername BV's systems. The costs for the additional work can be invoiced separately.
ARTICLE 9. INTELLECTUAL PROPERTY
9.1 The Service (s), its associated software as well as all information and images on the Website is the intellectual property of Webshopovername BV or its licensor (s). These may not be copied or used in any way without the express written permission of Webshopovername BV, except in cases where it is legally permitted.
9.2 If User sends information to Webshopovername BV, for example, feedback about an error on the Website or a suggestion for improvement of the Services, she gives Webshopovername BV an unlimited and perpetual use of this information for the Service. This does not apply to information that explicitly marks User as confidential.
9.3 User grants Webshopovername BV the right to use the Web Store as well as the related advertisement for promotion and marketing purposes of the Service. It is, inter alia, permitted by Webshopovername BV to mention that the Web Store has been sold on the Website. The foregoing also applies after termination of the Agreement.
9.4 If Webshopovername BV has protected the Website / Service software by means of technical protection, it is not allowed to remove or circumvent this security.
Article 10. AVAILABILITY WEBSITE
10.1 Webshopovername BV will endeavor to make the Website available at all times, but does not provide any guarantees as to its continued availability.
10.2 Webshopovername BV has the right to temporarily use the Website or any portions thereof for the purpose of maintenance, adaptation or improvement thereof. Webshopovername BV will try to make such outdoor use as much as possible at times when the average use of the platform is low. However, Webshopovername BV is never liable for damages for damage caused by such offshore use.
Article 11. CONDUCT
11.1 User will not perform any actions that undermine the operation and / or purpose of the Service. User must abstain from unauthorized use of the Service and will compile and behave in accordance with what may be expected of a Careful User.
11.2 If Webshopovername BV suspects or is notified by a third party that violates User these Terms and Conditions, Webshopovername BV is entitled to take all reasonable measures such as - but not limited to - waiver of access to the Service and / or removal of Service account that it considers necessary to put an end to this violation. Webshopovername BV is never liable for damages due to such measures.
Article 12. LIABILITY
12.1 The liability of Webshopovername BV for direct damage suffered by User as a result of a legitimate breach of compliance by Webshopovername BV of its obligations under the Agreement or by an improper act of Webshopovername BV, its employees, or its affiliates. Third, is per damaging event, involving a series of related events as one event, limited to an amount of EUR 250, - per event or EUR 1,000, - per year (excluding VAT).
12.2 Liability of Webshopovername BV for indirect damages, including consequential damages, loss of profits, missed savings, loss of (business) data and damage due to company stagnation is excluded.
12.3 Except as provided for in this article, Webshopovername BV shall not be liable for damages, regardless of the basis on which an action for damages would be based. However, the liability limits mentioned in this article will expire if and to the extent that the damage is the result of intentional or deliberate recklessness of Webshopovername BV.
12.4 The obligation for Webshopovername BV to reimburse damage occurs only if User communicates the damage in writing within seven (7) days after the damage occurred to BusinessForSale.eu.
ARTICLE 13. FORCE MAJEUR
13.1 In case of force majeure, including at least disturbances or failure of the Internet, the telecommunications infrastructure, sight flood, network attack, DoS or DDoS attacks, power failures, domestic riots, mobilization, war, transportation congestion, strike, Exclusion, seizure, arbitration or legal proceedings, company disruptions, stagnation in supply, fire, flood, import and export barriers and in case Webshopovername BV is not provided by its own suppliers for any reason whatsoever Compliance with the Agreement / performance of the Service can not reasonably be expected of it, its execution will be suspended until the Force Majeure situation has been lifted.
13.2 If the force majeure period lasts longer than two (2) calendar months, each of the parties is entitled to dissolve the agreement, without obligation to compensation for damage to the other party.
Article 14. COMPLAINTS
14.1 Webshopovername BV is not responsible for the behavior of Seller, nor for Buyers and Advisers.
14.2 Buyers / Sellers may contact the relevant Seller / Buyer, possibly competent litigation committees, or the competent court with complaints regarding the execution of a Lease Agreement.
14.3 If User has a complaint about the Services, Contact Us may contact the contact details contained in the Terms and Conditions.
Article 15. AMENDMENT OF GENERAL CONDITIONS
15.1 Webshopovername BV may modify these Terms and Conditions at any time.
15.2 Webshopovername BV will announce the changes or additions on the Website at least thirty days before entry into force, so that User may take note of it.
15.3 If User does not wish to accept a change or addition, User may terminate the Agreement until the date of entry into force of the new Terms. Use of the Service after the date of entry into force is valid as acceptance of the amended or supplemented terms.
Article 16. FINAL PROVISIONS
16.1 These Terms and Conditions apply to Dutch law.
16.2 Unless otherwise prescribed by rules of compulsory law, all disputes that may arise as a result of the Agreement shall be submitted to the competent Dutch court in the district where BusinessForSale.eu is located.
16.3 Under "General Terms", these Terms and Conditions also include e-mail communication provided that the sender's identity and integrity are sufficiently secure.
16.4 If a provision in these Terms and Conditions appears to be void, this does not affect the validity of the entire Terms and Conditions. The parties will in this case replace (a) new provision (s), which will allow as much as possible the purpose of the original provision.
16.5 Webshopovername BV is entitled to transfer its rights and obligations from the agreement to a third party who takes over the Service of her.
Article 17. CONTACT DETAILS
Should you have any questions, complaints or comments after reading these Terms and Conditions, please feel free to contact us in writing or by e-mail via the contact details below.
3991 CN Houten
T: +31 (0) 30 760 1500