Terms and Conditions

These Terms and Conditions (hereinafter, referred to as the “Terms”) for the website www.waste-outlet.com (hereinafter, referred to as the “Website”) constitute a legal agreement between the user (“you”, “your”, “user”) of the Website and Waste-Outlet I/S having a principal place of business at Haderslevvej 1, 6200 Aabenraa, Denmark (hereinafter, referred to as “Waste-Outlet”, “us”, “we”, and “our”).

By using our Website, you accept these terms and conditions in full, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our Website. If you register with our Website, submit any material to our Website or use any of our Website services, we will ask you to expressly agree to these terms and conditions. Our Website uses cookies; by using our Website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our Privacy and Cookie Policy.

1

Waste-Outlet is solely a marketplace

1.1 The Website exists as an online auction site for the purpose of facilitating buyers and sellers transactions in regard to exchanging recycled materials. For registered sellers on the Website, materials can be listed for sale as auction postings. For registered buyers on the Website, bids can be placed on the auction postings. Both buyers and sellers are able to communicate with one another concerning the materials that are listed for sale, but all communication may be monitored by us.  We do not at any time hold or have in possession any of the waste material that is listed for sale on the auction Website. We do not verify the auction postings for accuracy and do not check the legality or veracity of the seller’s postings, nor the buyer’s capability of completing the transaction. Because of these factors, we are unable to ascertain the safety or quality of the items posted for sale, or whether the transaction is legal or valid. All buyers and sellers are responsible for their own due diligence when completing a transaction during/after an auction on the Website. We are neither responsible for, nor involved in, the completion of said transactions.

2

Registrations and Accounts

2.1. To be eligible for an individual account on our Website, you must be at least 18 years of age. You must also be legally able to form a binding contract and authorized to do so in relationship to the recycled materials that you are buying or selling on the Website. When using the Website, it is your responsibility to ensure that you are compliant with all local, state, federal, and international laws that apply. It is also your responsibility to ensure that all information and content that you submit is properly represented and true to the best of your knowledge. You agree to the assumption of full legal responsibility for your actions of the following: registration on the Website, bidding on the Website, listing of materials on the Website, communications with the Website, communications with other users of the Website, and any other actions or content in regards to your use of the Website. In conjunction with the above, it is also the legal responsibility of each seller on the Website to know and understand if any listing includes a material or waste product that is classified as hazardous or could create a situation that is hazardous, and must include any and all declarations of such in said listing. If you are unsure of the categorization of your waste material in this regard, it is in your best interest to familiarize yourself with the applicable laws and to consult the relevant environmental agencies. It is not the responsibility of Waste-Outlet to make any determinations in regard to the listing of hazardous, or potentially hazardous materials or substances or the legality of such, nor is Waste-Outlet responsible for the legality of the selling, transportation, storage, disposal or any treatment of such.

2.2 Before creating a listing for any waste material or bidding on any auction listing, you will first need to register with the Website by creating an account with Waste-Outlet. You can do this by completing and submitting the account registration form on our website. All registrations will go through a verification process in order to ensure that only creditable and reputable companies register on the Website. This process can take up to 48 hours to complete, after which we will notify the user and activate the password and provide access to the Website. During registration you will be asked to upload various documents. Documents will be available for bidders on site when a seller list an auction or for sellers when evaluating buyers.

2.3 You must not allow any other person to use your account to access the Website.

2.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

2.5 You must not use any other person’s account to access the Website, unless you have that person’s express permission to do so. At the discretion of Waste-Outlet, any user or potential user of the Website may be refused service on the Website for failure to comply with terms and conditions or any legal requirements, or other reasons.

2.6 If you would like to correct any input errors in your account, please use the user dashboard available on the Website. Be aware that it is not possible to upload new Personal ID and Company Registration Certificate through the user dashboard. If you need to upload a new version of any of these documents, you must contact us and we will assist you. 

3

User IDs and passwords

3.1 You must keep your password confidential.

3.2 You must notify us in writing immediately if you become aware of any disclosure of your password.

3.3 You are responsible for any activity on our Website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

4

Cancellation and suspension of account

4.1 You may cancel your account on our Website at any time. If you wish to cancel your account contact Waste-Outlet and we will assist you.

After we receive your request, there is a waiting period to ensure that any and all transactions associated with your account are finished and that you have no outstanding balances. During this time of waiting, you will have access to your account, but will be unable to utilize your account for the purposes of trading, including making an auction listing or bidding. You will also be unable to alter your contact information during the waiting period.

4.2 If you violate our Terms, we may: (a) suspend your account; (b) cancel your account. If we suspend or cancel your account, we will notify you by email.

5

Fees and Listing Terms

All sellers must agree to the following listing terms and imposed fees:

a)  It is free to create an auction listing on the Website. At auction end, assuming the listing’s minimum price was reached during the auction, a non-refundable fee equal to 2% of the total price of the trade (or a minimum of 26.99 Euro / 29.99 USD)  will apply to receive the bidders list. After the seller pays the fee mentioned in the preceding sentence, the information about all bidders will become visible on seller’s online dashboard, at which time the seller can make decision about who (if any) will be the winning bidder. Please note that the fee invoice and other communications will be sent by email, as well as being available on the seller’s online dashboard.

b) Please note, you will be unable to edit an auction listing after it has been published to the Website. Please contact Waste-Outlet if you need to make changes to your listing after publication and we will assist you in the matter.

c)  As a seller, you are in control of who you do or do not sell your waste materials to, regardless of the “high bidder” of the auction. You reserve the right to sell to whichever bidder you choose or none at all. You are not obligated to accept any bid and do not have to sell at auction end if none of the bidders are satisfactory to you.

d)  Price manipulation is not allowed and will not be tolerated. This includes a seller’s use of other accounts on the Website to bid on their own listing, collaborating with third parties to drive up the price of the seller’s listing, using an alias, either indirectly or directly, to bid on one’s own listing, or any other method used towards this end. If you engage in any price manipulation on the Website, Waste-Outlet reserves the right to remove all your listings, remove your account from the Website, refuse to reinstate your account, and take legal action if necessary.

e)  As a seller, you are obligated to pay all fees due Waste-Outlet for auction listings as outlined above. If you attempt to avoid or eliminate fees or potential fees by contacting a bidder/buyer outside the parameters of the Website or bypassing the Website to complete any transaction, you will be in violation of the Terms and Waste-Outlet reserves the right to legal recourse. Under certain circumstances, sellers and buyers may agree to share necessary contact information for the purpose of providing a sample of the materials. This type of communication is still subject to the restrictions in these Terms and may not be used to violate the agreement with Waste-Outlet.

f) The Website operates with the following currencies: EUR, USD and DKK. h) We will not charge you fees to which you have not agreed.

6

Seller Warranties

Seller must warrant the materials in any auction listing on Waste-Outlet. This includes that the seller is in fact legally the owner of any materials put up for auction, that the seller has all proper permissions to offer said material for sale, that the seller has authority to make said auction listing and to agree to the terms included, that the seller is in no way violating the Terms of any previous contract to which the seller is a party by agreeing to the Terms, that the materials being listed for auction has no liens or encumbrances of any kind, and that there are no known environmental issues associated with the listed materials in regards to claims, notices, demands, suits or other damages, nor are there threats of damage from any entity, personal or governmental in this respect.

7

Bids and Buyers

7.1 All bids on the Website are subject to the Terms, including the information included in the sections pertaining to the listing terms outlined elsewhere in the terms and conditions. All bidders and buyers of any auctions on the Website must be aware that bids do not include any applicable taxes, customs duties, preparation or rigging expenses, shipping or transportation costs, export or import fees, registration or transaction fees, insurance or escrow fees, or other potential costs related to the purchase of the materials listed in the auction listing, unless it is categorically stated otherwise. All extra-related costs of this nature are the full responsibility of the bidder/buyer, unless specifically otherwise agreed.

7.2 At auction end, seller will be able to buy the bidders list.  In this case Waste-Outlet will provide all bidders information to the seller, at which time seller can select a winning bidder. Keep in mind, the winning bidder can be any bidder and may not always be the highest bidder. The seller is under no obligation to select any bidder and can choose to not sell the materials listed, even after the auction has ended. You will be notified if you are a chosen bidder.

7.3 For the purposes of these Terms, a bidder who has been chosen as the winner of the auction on the Website is referred to as a buyer. If a buyer or a seller has indicated the desire for the Escrow Service in regards to an auction’s transaction, the buyer will receive an email notification with request for Escrow payment and if it is the first time using the Escrow payment system, buyer will be asked to signup for an Escrow account.  

7.4 All materials listed and sold through Waste-Outlet are to be considered as “Sold As Is, Where Is, With All Faults” and in regard to Waste-Outlet are without guarantee or warranty, either implied, stated, or written, including, without limitation, any guarantee and warranties related to the performance of the material(s), as well as their condition and grade. Waste-Outlet is not to be held responsible for any faults, shortages, inaccuracies, or misrepresentations of any materials listed on the Website or any transaction thereof. All buyers on this Website agree to hold Waste-Outlet harmless in regards to any errors or deficiencies of any transactions resulting from the use of the Website and release any claim on Waste-Outlet in these matters.

8

Payment and Escrow service

8.1 Once a seller has selected the winning bidder of an auction, it is time to finalize the transaction. This can be done either with the buyer and seller agreeing to handle payment amongst themselves outside of the Website, or if requested by either party, by handling the payment through the use of Waste-Outlet’s third-party Transpact.com Escrow Service. The Escrow Service exists to provide better security for both buyer and seller. The Escrow service ensures the buyer gets exactly what they ordered or their money back and ensures that sellers receive all the money from their sale with interest.

8.2 If buyer or seller choose to use the Escrow Service, then the buyer will be invoiced by the Escrow Service for the full payment (If the waste material has negative value, the seller will be invoiced the full payment). The buyer will then have to send the funds via wire transfer into the escrow account. In this case, the funds will be held by the Escrow Service, of which Transpact.com is the agent, and will be held and tracked in a separate escrow fund account designed specifically for said transaction. Please note that Transpact.com is not liable for, nor in control of, the materials of the listed auction for which they are holding the transaction funds in escrow.

8.3 In regard to the the duties of the Escrow Service provided by Transpact.com, both buyer and seller agree to the following:
a)  Transpact.com is not responsible for the integrity of or accuracy of the identity of either the buyer or the seller or their commitment to the finalization of any transaction. Transpact.com cannot guarantee the completion of the transaction and is not responsible for the actions or inactions of either the buyer or the seller. Transpact.com Escrow service is merely a third-party holder of the transaction’s funds and has no say in the actual transference of materials from one party to the other.
b)  The Escrow service only costs a flat fee of €6.98 (for amounts less €15.000) or $34.98 (for amounts less $2.500) and is always paid by the one – seller or buyer,  that choses to activates the Escrow service. If you transact in Euros and you do not have an EU based bank account, then see additional charges for more information. US Dollar transactions are not subject to these surcharges (they already include the fee).
c)  The Escrow Service will assume that any communication (written by mail or email and signed electronically or otherwise) believed to be genuinely received from either party to the transaction is in fact not a forgery or a fraud, and will treat such correspondence as reliable. Any such communication that is received that is not believed to be genuine will be disregarded or questioned.
d) Waste-Outlet is not responsible for any dispute resolution between buyer and seller and does not provide assistance in these matters.
e)  In regards to any dispute between a buyer and a seller in regards to the final transaction affecting the movement of any escrow funds, the Escrow Service is obliged to withhold the release of said funds until such a time that both the buyer and seller submit a joint statement with instructions concerning said funds. If such a statement is not able to be submitted, the Escrow Service will retain the funds in escrow until it receives instructions from a court (decree, order, or judgment) that has proper jurisdiction to determine the rights of the involved parties. If necessary, the Escrow Service will institute a bill of interpleader to provide the needed documentation. However, if the buyer and seller agree to binding arbitration to resolve their conflict, then Escrow Service will agree to accept the arbitrator’s instructions in regard to the release of the funds held in the escrow account. Waste-Outlet uses refereeltd.com as arbitrator.
f)  When it has been determined that the transaction between buyer and seller has been completed and both parties have agreed as such, the Escrow funds will be released to the seller. The escrow funds that are released are considered the “net proceeds” and is the total price that was paid by the buyer minus any service fees, applicable taxes, or other expenses.

9

Taxes

Waste-Outlet is not responsible for the determination of potentially applicable taxes, such as use or sales tax, VAT or GST, transfer tax, ad valorem or any other such similar taxes. It is the obligation of the seller and/or buyer to know and which taxes they are subject to. It is the buyer’s and seller’s responsibilities to report, collect and/or remit any taxes that are applicable due to any transaction that they are party to. It is not Waste-Outlet’s obligation to be aware of, nor to participate in any collection or remittance of any kind of tax, regardless of the tax authority from which it arises.

Commission payments for Danish customers will be added Danish VAT of 25%.

10

Rating & Reviews

To provide a trusted online auction site for all our customers, we use ratings and reviews. This is your opportunity to share your experience with the Waste-Outlet network. You can only give a rating and write a review after you have completed an auction. 

We believe in free speech, transparency, and clear communication. Our system is based on trust, and trust comes from honest discussion. So, we ask you to keep to the facts when writing a review. The best reviews give constructive information that will help others in the network make good decisions. We will not tolerate personal insults or opinions that are irrelevant to the case. All reviews may be checked by Waste-Outlet and we will remove or alter a review if we find that it violates our guidelines.

11

Copyright notice

11.1 Copyright 2015 Waste-Outlet

11.2 Subject to the express provisions of these Terms:

(a)     we, together with our licensors, own and control all the copyright and other intellectual property rights in our Website and the material on our website; and

(b)     all the copyright and other intellectual property rights in our Website and the material on our Website are protected by the intellectual property law of the Kingdom of Denmark and the applicable international intellectual property laws.

12

Licence to use the Website

12.1 You may:

(a) view pages from our Website in a web browser.

(b) print pages from our Website.

(c) stream video files from our Website, and use the services provided through the Website by means of a web browser.

12.2 You must not download any material from our Website or save any such material to your computer. An exception to this is the Terms & Conditions and Privacy & Cookie Policy which may be downloaded and saved.

12.3 You may only use our Website for your own personal and business purposes, and you must not use our Website for any other purposes.

12.4 Except as expressly permitted by these Terms, you must only modify personal information and auction listing information related to your company in you own user Dashboard and not edit or otherwise modify any other material on our Website.

12.5 Unless you own or control the relevant rights in the material, you must not:

(a)     republish material from our Website (including republication on another Website) An exception to this is the auction listings, which may be shared through a share button for sharing on mail and social media.

(b)     sell, rent or sub-license material from our Website;

(c)     exploit material from our Website for a commercial purpose; or

(d)     redistribute material from our Website, with the exception of our newsletter. You can redistribute our newsletter in print and electronic form to any person and all auction page listings.

12.6 We reserve the right to restrict access to areas of our Website, or indeed our whole website, at our discretion.  You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.

13

Unacceptable use

13.1 You must not:

(a)     use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website.

(b)     use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

(c)     use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

(d)     conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent.

(e)     access or otherwise interact with our Website using any robot, spider or other automated means.

(f)      violate the directives set out in the robots.txt file for our Website, or use data collected from our Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

(g)     You must not use data collected from our Website to contact individuals, companies or other persons or entities.

14

Your content: licence

14.1 In these Terms, “your content” means all materials including without limitation text, graphics, images and documents that you submit to us or our Website for storage or publication on, processing by, or transmission via, our Website.

14.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content on the Website or for any marketing task related to the promotion of the Website.

14.3 You grant Waste-Outlet the right to alter text, photos and information in your auction listing. This will always be done to make your auction listing more appealing, and we will always notify you in the case of any alteration.

14.4 After an auction has been published, you will not be able to edit the listing. If you need to make changes to your listing, please contact Waste-Outlet.

14.5 Without prejudice to our other rights under these Terms, if you breach any provision of these Terms in any way, or if we reasonably suspect that you have breached these Terms  in any way, we may delete, unpublish or edit any or all of your content.

15

Your content: rules

15.1 You warrant and represent that your content will comply with these Terms.
15.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
15.3 Your content, and the use of your content by us in accordance with these Terms, must: (a) not be libellous or maliciously false.
(b) not be obscene or indecent.
(c) not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right.
(d) not infringe any right of confidence, right of privacy or right under data protection legislation. (e) not constitute negligent advice or contain any negligent statement.
(f) not constitute an incitement to commit a crime, instructions for the commission of a crime, or a promotion of criminal activities.
(g) not be in contempt of any court, or in breach of any court order.
(h) not be in breach of racial or religious hatred or discrimination legislation.
(i) not be in breach of official secrets legislation.
(j) not be in breach of any contractual obligation owed to any person.
(k) not be untrue, false, inaccurate or misleading.
(l) not consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage. (m) not constitute spam.
(n) not be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory, or cause annoyance, inconvenience or needless anxiety to any person.

16

Limited warranties

16.1 We do not warrant or represent:

(a)     the completeness or accuracy of the information published on our Website.

(b)     that the material on the Website is up to date; or that the Website or any service on the Website will remain available.

16.2 We reserve the right to discontinue or alter any or all of our Website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation, and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the Website.

16.3 To the maximum extent permitted by applicable law and subject to Section “Limitation and exclusions of liability”, we exclude all representations and warranties relating to the subject matter of these Terms, our Website and the use of our Website.

17

Limitations and exclusions of liability

17.1 Nothing in a contract under these Terms will:
(a)   limit or exclude any liability for death or personal injury resulting from negligence.
(b)   limit or exclude any liability for fraud or fraudulent misrepresentation.
(c)    limit any liabilities in any way that is not permitted under applicable law, or exclude any liabilities that may not be excluded under applicable law.

17.2 The limitations and exclusions of liability set out in this Section and elsewhere in a contract under these Terms:
(a) are subject to Section 18.1; and
(b) govern all liabilities arising under that contract or relating to the subject matter of that contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in that contract.

17.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

17.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

17.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.

17.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

17.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these Terms (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

18

Breaches of these Terms

18.1 Without prejudice to our other rights under these Terms, if you breach these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may:

(a)     send you one or more formal warnings.

(b)     temporarily suspend your access to our Website or permanently prohibit you from accessing our Website.

(c)     block computers using your IP address from accessing our Website and contact any or all of your internet service providers and request that they block your access to our Website.

(d)      commence legal action against you, whether for breach of contract or otherwise and/or suspend or delete your account on our Website.

18.2 Where we suspend or prohibit or block your access to our Website or a part of our Website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account

19

Severability

If a provision of a contract under these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

20

Third party rights

20.1 A contract under these Terms is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party. 20.2 The exercise of the parties’ rights under a contract under these Terms is not subject to the consent of any third party.

21

Law and jurisdiction

21.1 A contract under these Terms shall be governed by and construed in accordance with Danish law.

21.2 Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Denmark.

22

Our details and statutory & regulatory disclosures

22.1 The Website is owned and operated by Waste-Outlet I/S.

22.2    Waste-Outlet I/S  is registered in Denmark.

22.3    Our registered office/principal place of business is at Haderslevvej 1, 6200 Aabenraa, Denmark.

22.4    You can contact us by writing to the business address given above, by using our website contact form, by email to mail@waste-outlet.com or by telephone on 0045 53373880

22.5 We are registered in the Danish Central Business Register (Det Centrale Virksomhedsregister);  and our registration number (VAT number)  is 20869275.

23

Amendments of these Terms

We reserve the right to modify or amend these Terms from time to time by sending you an email or a message in the Website. You and Waste-Outlet agree that the changes cannot be retroactive. If you continue using the Website following the receipt of such an email or a message, you declare that you accept those changes.

24

Last amendment

These Terms have been last amended on 7th of March 2018.

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