Terms of Use
Preamble
Last updated: Feb 29 2023
Thanks for using Bewkrad or another one of our marketplace apps or services! These Terms of Use ("Terms") contain the rules and restrictions that govern your use of our website(s), products, services and applications (the "Services"). Please read the Terms carefully, and if you have any questions, comments, or concerns regarding these Terms or the Services, please contact us: info@bewkrad.com, or at 050industries (Chamber of Commerce Register No.81196393), IJsselstraat 54, 9725 GH Groningen, the Netherlands.
These Terms of Use ("Terms") form a binding contract between you and 050industries if your habitual residence is within the European Economic Area, the United Kingdom, India, Australia, Canada or the US.
Table of contents
1. Parties
2. Conclusion of the contract, registration
3. Services
4. User Requirements and Obligations
5. Rules and Restrictions
6. Privacy
7. User Submissions
8. Scores, reviews and other user feedback
9. Contents
10. Copyright
11. Responsibilities
12. Costs and Fees
13. Refunds, Exchanges and Related Matters
14. Rewards, credits,
15. Term; termination
16. iOS apps - special conditions
17. Changes to the Terms of Service
18. Warranty
19. Limitation of Liability
20. General
1. Parties
1.1 050industries and its affiliates (i) operate online marketplaces ("Marketplace Apps") including Bewkrad that are available as mobile apps for operating systems such as Android or iOS or on standard or mobile web; and (ii) develop and provide other services and products. In these terms, we refer to 050industries and its affiliates as “050industries”, “we”, “us” or “our”. We refer to end users as “you” and to the entities offering and selling products and services as “Merchant(s)”.
1.2 The Marketplace Apps allow sellers ("Merchants") to set up stores in which they list products ("Products") and sell them to end users. When you purchase a product, the sales contract is concluded solely between you and the Retailer. This means that when you purchase a product from a Marketplace app, you are transacting with the Retailer who listed the product and the Retailer is responsible for fulfilling your order.
2. Conclusion of the contract, registration
2.1 During the registration process and at any other time, you can consult, save or print the current Terms via our website. After the conclusion of the contract, the text of this contract will not be saved.
2.2 050industries is your contractual partner when using the Services. In order to fully use the Services, including viewing and purchasing Products in the Marketplace Apps, you must create an account ("Register"). If you purchase a Product, the Retailer is your contractual partner for the purchase.
2.3 By registering, you make a binding offer to use the Services. Registration takes place when you provide an email address and a password or log in via Facebook or Google, giving us access to certain data associated with your account on the social network.
2.4 The contract for the use of our Services is concluded when we send a welcome message to the email address you provided to us during the registration process ("Conclusion of the Contract") upon receipt of your offer. This confirmation email means our acceptance of your offer.
3. Services
3.1 050industries operates marketplaces through which Retailers and users can share information and make purchases. Retailers are responsible for their store, their Product and their Product listings (including original and crossed-out prices), and the processing and shipping of your order. Retailers may be located in your home country or region, or elsewhere. If they are located elsewhere, this may have implications for taxes, customs duties and the applicability of consumer and data protection regulations. The Products offered through the Marketplace Apps are sold by the Retailers and not by 050industries.
3.2 Any final sales price will be determined by or based on a price provided by the Retailer offering the Product for sale. The remaining information will be included by the Retailer in the Product listings, including any crossed-out prices. Retailers are required to provide accurate information, but 050industries cannot guarantee the truth or accuracy of the information contained in Product Listings.
3.3 Although we are not a party to the contract between you and a Retailer when you purchase a Product, we can assist with payment processing, returns, refunds and other customer support. 050industries does not warrant (i) the existence, quality, safety, suitability or legality of any Products or Retailer Product Listings; (ii) the truth or accuracy of Product Listings or other content provided by Merchants; (iii) the truth or accuracy of scores, reviews or other User Submissions; or (iv) the performance or conduct of a Merchant or a third party. Unless clearly stated otherwise, Retailers, Products or Product Listings are not endorsed by 050industries. You should make whatever research you feel appropriate before making a purchase from a Retailer. Before using a purchased Product, read the product label, warnings, and instructions for use.
3.4 Please check carefully all details and any restrictions relating to a Product before placing your order with the Retailer. With respect to any requests for services, please note that it is solely your responsibility (or the responsibility of the person receiving the services) to inform the Merchant of any medical or health conditions and/or special needs that affect or are affected by the Services (including, but not limited to, information about allergies and health conditions).
4. User Requirements and Obligations
4.1 You may not use the Services if: (a) you are located in a country subject to a total embargo by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals; a current list of such countries and/or nationals can be found here;https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx or (b) you have previously been excluded from using the Services, unless such exclusion is reversed by 050industries in its sole discretion.
4.2 You may be required to create an account and choose a password and username. You promise to provide us with accurate, complete and current information about yourself. Where 050industries requires you to provide an email address, it is your responsibility to ensure that 050industries receives your most current email address. You are required to ensure that your registration information, including your email address, is current and must promptly notify us of any changes by updating this information in your user account. You may not choose as your username a name that you are not authorized to use, or the name of another person with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written consent.
5. Rules and Restrictions
5.1 You may use the Services only for your own internal and personal use and not on behalf of or for the benefit of any third party, and only in a manner that complies with applicable 050industries policies and all laws applicable to you. If your use of the Services (including purchases of Products on the Services) is prohibited by applicable law, you are not permitted to use the Services.
5.2 You must not share your account or password with anyone and you must protect the security of your account and password. You must immediately notify 050industries of any unauthorized use of your password or any other breach of security of your account. You are responsible for all activities associated with your account.
5.3 You may not create multiple accounts and you may not allow others to use your account.
5.4 contests, lotteries, surveys, games or similar promotions (collectively, "Promotions") made available through our Sites may be governed by rules that are separate from these Terms of Use. If the rules for a Promotion conflict with these Terms of Use, the rules for the Promotion will control.
5.5 By accessing or using the Services, you agree:
Comply with all laws, rules, regulations, these Terms and all 050industries policies;
Only purchase Products that you are legally permitted to purchase in your jurisdiction;
Use (or attempt to use) the Services only through interfaces provided by Bewkrad; and
Abide by the instructions in any robots.txt file contained on the Services.
5.6 When accessing or using the Services, you agree not to:
Violate the intellectual property rights or other rights of others (including 050industries);
Violate these Terms, 050industries policies, or any law or regulation, including applicable export control laws;
Engage in misleading, threatening, defamatory or obscene activities;
Circumvent any terms, policies, or rules governing the Services, including those relating to any promotions, contests, or programs on the Services;
Collect personal information from users of the Services or use such information found on the Services;
Engage in any activity that could compromise the security of your account or that of anyone else (such as allowing someone else to log in to the Services using your name);
Attempt in any way to discover another user's password, account, or other security information;
Use a third party's login credentials, conceal your real IP address, or misrepresent your identity or your affiliation with any person or entity;
Violate the security of a computer network or crack passwords or encryption codes;
Run Maillist, Listserv, any form of autoresponder or "spam" on the Services, or use any processes that run or activate while you are not logged into the Services, or otherwise interfere with the proper working of the Services (including including placing an unreasonable load on the infrastructure of the Services);
“crawl,” “scrape” or “spider” (by manual or automated means) any page, data or any portion thereof related to the Services or the Content;
Decompile, reverse engineer or otherwise attempt to discover the source code, underlying ideas or information of or relating to the Services;
Schedule, request or otherwise request Services from a Merchant if you do not Bewkrad to follow up on receipt of or payment for such services, or if you do not meet the Merchant's requirements set forth in the service description; or
Attempt to do or permit, encourage or assist any third party to do anything prohibited in this Section 6.2 or attempt, encourage, permit or assist any other violation of these Terms supports.
6. Privacy
6.1 Our Privacy Policy[LINK] provides information about how we collect, use and disclose personal data, including with Retailers. Please refer to the Privacy Policy[LINK] for more information.
7. User Submissions
7.1 Anything you post, upload, share, store or otherwise provide through the Services is a “User Submission”. User Submissions may contain suggestions, comments, ideas, improvements, or other feedback or materials and may be viewable by other users. In order to display your User Submissions on the Services and let other users know about them (if applicable), you grant us certain rights in those User Submissions.
7.2 For all User Submissions, you grant 050industries, free of charge, a royalty-free, perpetual, non-exclusive, transferable, sublicensable, worldwide license to use, store, display, reproduce, retain, modify (e.g., for technical purposes, such as enabling your Submission to be displayed on both an iPhone and a computer), create derivative works, perform, distribute, translate, or otherwise deal with such User Submissions as we deem necessary to operate, market, and advertise the Services, including to present, display, or perform of such User Submissions in accordance with your preferences.
7.3 050industries shall be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute the User Submissions in any way.
8. Scores, reviews and other user feedback
8.1 050industries allows you to generate ratings and reviews, photos, videos or other content about the Products and stores in the Marketplace Apps ("Feedback"). Feedback is intended to enable other users to get a good idea of the Product or store.
8.2 Feedback may only contain truthful information. Feedback must be in accordance with the law and must not conflict with data protection regulations and the rights of third parties, in particular personal rights, trademark rights or copyrights. You agree: (i) to base any rating or review posted by you solely on your own experience with the applicable company or Product; (ii) not to provide a rating or review for any company or Product with which you have a competitive, proprietary or other economic interest, employment relationship or other affiliation; (iii) to prominently indicate whether your review has been sponsored or paid for in any way; and (iv) that your review complies with these Terms.
8.3 Any use of the feedback system in violation of the preceding paragraphs is prohibited. In particular, it is prohibited to include in the Feedback any information not related to the performance of the Product, the store or the contract to which the Feedback relates or to use the Feedback for any purpose other than the assessment of the Product or the store.
8.4 If you abuse the feedback system, 050industries has the right to remove the Feedback, taking into account your legitimate interests, in particular your right to freedom of expression. This applies in particular if:
050industries is legally obliged to remove the Feedback, for example as a result of a court decision;
the Feedback contains vulgar, obscene, racist, unsuitable for young people or criminally offensive statements;
the Feedback contains personal data, for example name, address, telephone number and/or e-mail address;
the Feedback contains inappropriate links or scripts, for example with harmful content;
the Feedback contains inappropriate advertising for third parties; or
the Feedback for a product contains irrelevant information that does not relate to the Product, for example the store's customer service, the shipping of the product or the usability of the site.
8.5 Ratings, reviews, photos, videos and other content about Products and stores ("Feedback") posted by users on our Services are User Submissions that are not endorsed by 050industries and do not represent the views of 050industries. 050industries accepts no liability for ratings and reviews or for any claims for financial loss resulting from such ratings and reviews. We reserve the right to exclude any such Feedback for any reason or for no reason, without notice to you. For example, we may exclude Feedback if we determine, in our sole discretion, that a rating or review may compromise the integrity of the ratings or reviews.
9. Contents
9.1 The materials displayed, performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photographs, images, illustrations, User Submissions, and so on (all of the foregoing collectively, the “Content ") are protected by copyright law and/or other intellectual property rights. You agree to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and not to use, copy, reproduce, modify, or otherwise use any Content that you do not own. translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose (i) without the prior consent of the owner of that Content and/or (ii) in a way that violates the rights of anyone else (including 050industries).
9.2 Bewkrad and the logo are trademarks of 050industries.
All rights reserved.
9.3 You understand that 050industries owns or licenses the Services. You may not modify, publish, transmit, reproduce (except as expressly provided in this section), participate in the transfer or sale of, create derivative works from, or otherwise exploit the Services.
9.4 Subject to your compliance with these Terms, including payment of any applicable fees, 050industries or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and personally, non-commercial use of the Services.
10. Copyright
10.1 We respect the intellectual property rights of others and we reserve the right to remove or disable Content that may infringe such intellectual property rights and to terminate the accounts of alleged repeat infringers. Our complete Copyright Dispute Policy and information about reporting possible copyright infringement can be found here: https://www.bewkrad.com/terms-of-use/copyright-dispute-policy.
11. Responsibilities
11.1 Any information or Content publicly published or privately transmitted through the Services is the sole responsibility of the person from whom such information or Content originated. You access all such information and Content at your own risk.
11.2 You are responsible for all content that you contribute in any way to the Services and you represent and warrant that you have all necessary rights to do so in the manner in which the contribution is made.
11.3 The Services may contain links or links to third party websites or Services that are not owned or controlled by 050industries. When you access third-party websites or use third-party services, you accept that there are risks involved. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policies of each third-party website or service that you visit or use.
11.4 050industries has no control over the content, accuracy, privacy policies and practices or opinions expressed on third party websites or from third parties with whom you interact through the Services. In addition, 050industries cannot and does not monitor, verify, censor, or edit the content of third-party websites or services.
11.5 Your interactions with organizations and/or individuals found on or through the Services, including communications regarding, payment, delivery and performance of Products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before engaging in any transaction with any such third party. You agree to take reasonable precautions in all communications and interactions with these third parties and with other persons with whom you communicate or interact as a result of your use of the Services, especially if you decide to interact offline or in person speak and receive services from a Retailer.
11.6 In the event of a dispute involving only participants on this site or only users and a third party, you agree that 050industries has no obligation to become involved.
12. Costs and Fees
12.1 Accessing and viewing the Marketplace apps and sites and other aspects of the Services are currently free. However, you may choose to purchase Products from Retailers through the Services and you will be solely responsible for paying the purchase price of the Products you purchase, plus any applicable taxes and shipping charges. When you purchase Products from a Retailer, 050industries is not your contractual partner. When tax rules change, 050industries may calculate and collect applicable taxes on some purchases. See our Tax Policy[LINK] page for more information. If a Retailer needs to make a change to your order, 050industries will attempt to notify you by contacting you at the email address, billing address and/or telephone number you provided when you placed the order with the Retailer.
12.2 By confirming your purchase you agree to pay all applicable fees, taxes and other amounts relating to your use of the Services. You further declare that you are responsible for VAT and customs duties. You agree that, where applicable, you are acting as an importer of the purchased products and you hereby authorize Bewkrad to appoint a freight forwarder to act as your direct representative and pay any VAT and customs duties on your behalf. Please note that VAT, customs duties and similar charges collected at the time of purchase are estimated amounts and may be subject to change depending on local law. If it turns out that additional amounts are required, you will be responsible for this. Bewkrad will not be held liable if a Product is delayed or refused customs clearance as a result of failure to pay such amounts. See our Tax Policy page[LINK] for more information about VAT, customs duties and the role of a freight forwarder.
12.3 Some Products may be available for collection at a physical location near you. See the Collection Policy[LINK] for more information and restrictions.
12.4 External Payment Service. If you purchase products through the Services, you may be taken through a payment process managed by third parties, such as Klarna AB. See our Payment Options page[LINK] for more information. To use Klarna AB's services, you must agree to Klarna AB's terms and conditions. If you purchase products through Klarna in the Marketplace Apps, you agree to Klarna AB's terms and conditions, which can be found here.[LINK]
13. Refunds, Exchanges and Related Matters
13.1 We want you to be satisfied with your purchase from the Services. That's why, in accordance with our Refunds and Returns Policy, we offer you a special Refunds and Returns option if you have a problem with an order or purchase. However, this does not limit your statutory right of withdrawal or warranty with the Retailer where you purchased your products. Please contact us as described in the Refunds and Returns Policy.[LINK]
13.2 You agree that (i) 050industries may, in accordance with its Refunds and Returns Policy , issue a refund to resolve any issues with your order, including the contents of a Product listing or the delivery, condition or quality of the Product; and (ii) if you Bewkrad to seek any other remedy, you must seek such remedy directly from the relevant Retailer. Except as described in the Refunds and Returns Policy, 050industries cannot refund, reimburse or cover any charges not paid to 050industries, including but not limited to customs duties, taxes or VAT, and any return shipping costs you incur in a return or refund procedure.
14. Rewards or credits
14.1 Your account may contain rewards or credits. These may be used for discounts or payment on qualifying purchases made through the Services. Rewards or credits cannot be redeemed for cash, except in jurisdictions where required by law.
15. Term; termination
15.1 This agreement has an unlimited term.
15.2 You may stop using the Services at any time. Any unpaid amounts you owe to Retailers for Products purchased are still due. 050industries shall also be free to terminate (or suspend your access to) your use of the Services or your account, upon two weeks' notice, in its sole discretion for any reason, including a breach of these Terms . If your use of the Services or your account is terminated by you or 050industries, you will still be entitled to any services scheduled prior to termination.
15.3 The right to terminate this agreement for cause remains unaffected.
15.4 Termination of your account may result in the destruction of all Content associated with your account. You should take this into account before deciding to terminate your account.
16. iOS apps - special conditions
16.1 Please read these additional terms for iOS if you access or use a Marktplaats app on an Apple device or operating system.
17. Changes to the Terms of Service
17.1 050industries has the right to change the contractually agreed services and these Terms if and to the extent that this is necessary for a valid reason that could not be foreseen at the time the contract was concluded, and this change is reasonable for the user, with mainly because the ratio between performance and consideration does not change significantly to your disadvantage.
17.2 050industries will provide appropriate notice regarding changes to the Services or these Terms ("Change Notice").
17.3 In the event of changes to the contractually agreed services and these Terms, you have the right to terminate this contract in text form at the time the changes become effective.
17.4 Changes to the contractually agreed services and these terms and conditions will be deemed to have been approved by you if you do not expressly object to those changes after receiving the Notice of Changes. 050industries specifically draws your attention to this legal effect, the beginning of the period, the period and the date on which the change takes effect. If such notice is missing or incomplete, absence of objection will not constitute acceptance of the changes.
17.5 If you object to the changes, 050industries has the right to terminate this contract in text form at the time the changes become effective.
18. Warranty
18.1 Your statutory warranty rights apply to the Services.
18.2 You are responsible for regularly storing any data or information obtained through the Services.
19. Limitation of Liability
19.1 To the maximum extent permitted by applicable law, 050industries's liability is limited to or excluded for: (i) your use of the Services, including any outages or periods of unavailability; (ii) products, information or other content provided by third parties; (iii) the use of products purchased from Retailers; or (iv) any indirect, consequential or special damages. If 050industries has any liability to you, to the fullest extent permitted by applicable law, you agree that: (i) you will take reasonable steps to limit any damages suffered; and (ii) 050industries's liability is limited to damages that are a foreseeable and direct consequence of the company's conduct. Except for liability for death or personal injury caused by 050industries, 050industries's liability will not exceed (i) the total amount of your purchases on the Marketplace Apps in the six (6) months prior to the event on which your claim is based ; or (ii) 500 euros, whichever is higher.
19.2 If you have your habitual residence in Germany, the following provisions apply in relation to 050industries's liability (as applicable). To the extent there is a conflict between the following provisions and the remaining provisions of this Section 19, the following provisions shall control:
050industries is liable for intentional or gross negligence as well as for personal injury resulting from its conduct.
In the event of minor negligence, 050industries is only liable for breaches of an essential contractual obligation. An essential contractual obligation referred to in this provision is an obligation whose fulfillment primarily enables the performance of this contract and on which the contractual partner may therefore generally rely.
In a case where 050industries is liable in accordance with clause 19.2(b), (i) 050industries shall not be liable for any lack of commercial success, lost profits and indirect damages; (ii) 050industries's liability is limited to customary and foreseeable damages at the time the agreement was entered into and you agree to take reasonable steps to limit any damages you may incur in that event; and (iii) in the event of loss of data, 050industries's liability is limited to the costs that would have been incurred if you had properly backed up the data.
These limitations of liability apply mutatis mutandis to 050industries's employees, representatives and vicarious agents.
19.3 This section 19 does not affect 050industries's possible mandatory liability.
20. General
20.1 Electronic Communications
Notices or statements may be given in text form, including by email. The communications between 050industries and you use electronic means, such as through emails, text messages, mobile push notifications, or notices and messages on the Services. To formally notify 050industries by email, please send your message(s) to info@050industries.com and the subject line must include the words "Legal Notice".
20.2 Assignment
We may transfer, assign or delegate these Terms and our rights and obligations upon prior notice to you.
20.3 Force majeure
Should the parties be unable to fulfill their contractual obligations due to force majeure, such as natural disasters, war, terrorism, industrial disputes, sovereign orders or other circumstances beyond their control or which cannot be prevented by reasonable technical or economic efforts, the Parties are released from their contractual obligations as long as these circumstances and their consequences have not been definitively removed. In all the above-mentioned cases of exemption from performance, the parties cannot claim compensation, unless the party invoking force majeure has been at fault.
20.4 Location
Unless one of the following exceptions applies, the exclusive jurisdiction for all disputes arising from this contract and from your use of the Services will be our registered office (Groningen, NL). Exceptions:
you fall under the jurisdiction of an EU member state other than the Netherlands;
you are a retailer within the meaning of German commercial law (Kaufmann);
you have moved to a permanent place of residence outside the European Economic Area after these Terms came into effect; or
your place of residence or residence is unknown at the time the procedure is initiated;
20.5 Consumer Complaints
The European Commission offers a platform for online dispute resolution, which you can reach at http://ec.europa.eu/odr. 050industries is not obliged or willing to participate in a dispute resolution proceeding before a consumer arbitration body.
20.6 Limitation period
Claims arising from or related to the Services are barred after two (2) years, provided they do not arise from personal injury and minor negligence is not excluded. The beginning of the limitation period is determined by law.
20.7 Exportcontrole
You may not use, export, import, or transfer the Services, including the purchase of any products on the Services, except as permitted by United States law, the laws of the jurisdiction in which you used the Services or purchased products through the Services , and other applicable laws. In particular, but without limitation, the Services, including any products purchased through the Services, may not be exported or re-exported (a) into countries embargoed by the United States or (b) to any person on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Person's List or Entity List. By using the Services or purchasing products through the Services, you represent and warrant that (i) you are not located in a country that has been embargoed by the U.S. government, or that has been designated by the U.S. government as a "terrorist" country endorses” and (ii) you are not listed on any U.S. government list of prohibited or restricted parties. Nor will you use the Services or any products purchased through the Services for any purpose prohibited by any applicable national law. A current list of such countries and/or residents can be found at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx.
20.8 Entire Agreement
These Terms contain the entire understanding and agreement between you and 050industries, and supersede all prior understandings and agreements of the parties. These Terms will not be modified by either: (i) the manner of performance between the parties; (ii) the conduct or course of dealing between the parties; or (iii) applicable trade practices.
20.9 Waiver
Our failure to respond to a breach by you or others does not constitute a waiver of the right to respond to subsequent or similar breaches.
20.10 Other provisions
If specific provisions in these Terms and Conditions are wholly or partially contrary to mandatory law or are void or ineffective for other reasons, the other provisions will remain in full force and effect.