From here onwards we refer to CommodityBasis.com B.V. as “the Company”.
From here onwards we refer to www.commoditybasis.com as “the website” or simply as “the site”.
With “Client” we mean the person, Company or any other institution in the broadest sense (paying or non-paying), placing an order with, showing the intention to placing an order with or already being a customer of “the Company”.
With “Goods” we mean any goods and/or services provided by the Company to the Client
These terms and conditions apply to any provision of goods or services by the Company to the Client.
All Goods sold by the Company are sold subject to the Company’s standard terms and conditions (as detailed below), which form part of the Client’s contract with the Company. Terms and conditions on the Client’s order form or other similar document shall not be binding on the Company. The Company can decide to alter or completely change the conditions of the contract without prior notice.
The prices, quantities and delivery time stated in any quotation or as mentioned in this contract are not binding on the Company. They are commercial estimates only, which the Company will make reasonable efforts to achieve.
Orders will be deemed to have been placed and confirmed by the Client when the order form is filled out and submitted.
The Company will use its best endeavors to supply the goods as soon as the initial payment is received, or if it deems the intention to buy credible enough. The Company cannot be held liable if the goods are not delivered as stated in this contract.
7.2 Contract Duration:
One month contract (Monthly payment) – 1 month renewable by tacit agreement
7.3 Monthly Fee:
One month contract (Monthly Payment) – 50 US$ per month
7.4 Payable Fee:
One month contract (Monthly Payment) – 1 month ahead
Via subscription form only. Auto-electronic invoice submission and recurring payments.
7.6 Contract start date:
The moment the initial payment is received.
7.7 Payment means:
PayPal or 2Checkout. Monthly recurring payments if the customer chooses the monthly payment plan.
7.8 Bank account:
All payments are liable to:
ING Bank Amsterdam
IBAN: NL25 INGB 0006 4587 03
7.9 Contract end date:
If no payment is received 15 working days after the payment is due or if customer has indicated he wants to terminate the contract in accordance to the terms and conditions outlined here.
7.10 Cancellation by Client:
Any order – once confirmed – by the Client and delivered by the Company is not cancellable. Cancellation of the contract prior to the natural end date of the contract will only be accepted on the condition that all outstanding and contractual payments will be fulfilled or if the Company agrees with the cancellation of the contract. In the case the Client is not able to fulfill its payments the Company has the right to block the person from the website indefinitely.
7.11 Cancellation by the Company:
The Company has the right to refuse any person, Company or institution access to the website or remove a Client without giving of reason and at its sole discretion.
The Client acknowledges that the rights to the Goods are owned by the Company and that the Goods are protected by Dutch copyright laws, intellectual property laws, international treaty provisions and all other applicable national laws. The Company owns the copyright to all information, data and works of authorship on the site, even if the Company is not the author of the content. All other trademarks and service marks such as the brand name, logo’s, symbols and taglines are the property of the Company and cannot be reproduced without the consent of the Company. The Client acknowledges that, other than the right to access the site and view the information contained, the Client has no ownership, title, right or interest herein whatsoever.
9.1 The Services as supplied by the Company are dispatched electronically by providing the Client with login details to the website and shall be deemed as having been delivered when the email with the login details has been sent by the Company.
9.2 The Company reserves the right to substitute conventional delivery methods without notice or penalty should electronic dispatch prove inconvenient; in which case delivery by the Company will be deemed to have taken place when the materials are handed to the custody of the Client at his premises or to a deputed messenger or courier when posted. The Company will be entitled to charge the Client for any expenses of delivery other than normal postage charges.
All written notices to be served on or given to the Client shall be sent or delivered to the Client’s principle place of business and shall be treated as having been given upon receipt.
The Company will take all reasonable steps and precautions to ensure the protection of personal data of the Client. When loss or theft of personal data does happen the Company will assert her right of Limitation of Liability as stated in sections 15.
Unless otherwise agreed in writing by the Company, the Client (and their Clients) shall be entitled to use the services and materials provided as follows:
12.1 All files are for single use only and can be used for as long as the Client is allowed on the website by CommodityBasis.com B.V., under the terms and conditions stated in this contract.
12.2 Files of Samples of Consumer or Businesses data records are provided solely for the purpose of conducting market research and should be used for general information purposes only. The Client shall not otherwise be entitled to store, or to pass on (whether to his/her Client or other person) or make any other use of these services and materials.
12.3 The Client agrees to use the site, and the information provided, for personal use only and agrees to ensure that non of the data is reproduced, retransmitted, disseminated, sold, distributed, republished, broadcasted, posted, circulated or commercially exploited in the broadest sense without the consent of CommodityBasis.com B.V. or use the data for any unlawful purpose.
12.4 The Client agrees to access the information available on the website only by himself manually by request and not programmatically by macro or other automated means and to view the information only as displayed on you screen and not attempt to upload, intercept, extract or otherwise collect and/or record the information through any technological means or by hiring a third party person to do these tasks.
12.5 The Client shall bear responsibility for ensuring that all usage of information contained within any service as provided by the Company. is in accordance with, and does not contravene, any Data Protection or other laws, regulations or other trade customs and practices. The Company bears no liability for any omissions or faults in these respects.
The Client shall maintain strict confidentiality and shall not disclose to any third party any information or material relating to the Company’s business which comes into the Clients’ possession and shall not use such information and material without written permission by the Company.
14.1 The Company warrants that it has the right to provide the Goods but otherwise the Goods are provided on an “as-is” basis without warranty of any kind, express or implied, oral or written including, without limitation, the implied conditions of merchantable quality, fitness for purpose and description, all of which are specifically and unreservedly excluded. In particular, but without limitation, no warranty is given that the Goods are suitable for the purposes intended by the Client.
14.2 The Company warrants that the Goods will be supplied using reasonable care and skill. The Company does not warrant that the Goods supplied are error-free, accurate or complete.
14.3 Both parties warrant that they are registered under the Data Protection Act (Wet Bescherming Persoonsgegevens) in respect of the collection, processing and use of the Goods. Each party will comply with the Act including but not limited to its obligations in respect of any personal data, which it may supply to or receive from the other party.
14.4 The Client acknowledges that the Company is required to uphold at all times, in letter and in spirit, the Dutch Codes of Advertising and Sales Promotion.
15.1 The Company shall not be liable for any claim arising out of the performance, non-performance, delay in delivery and/or defect in the Goods nor for any special, direct, indirect, incidental, exemplary, punitive, economic, emotional or consequential loss or damage howsoever arising or howsoever caused (including but not limited to loss of data and/or loss of profit or revenue) whether from negligence or otherwise in connection with the supply, functioning or use of the Goods. In the event that the foregoing disclaimer of liability is held to be invalid or unenforceable, the Client agrees that the maximum cumulative aggregate compensation of the Company to the Client for all damages, losses, and causes of action (whether in contract, tort or otherwise) at any time shall be the aggregate cumulative amount paid by the Client to the Company.
15.2 The Client acknowledges that the sole remedy for dissatisfaction with the site and/or its content or information contained on the site is to stop using the site.
15.3 The Client shall fully indemnify the Company against any liability to third parties arising out of the Client’s use of the Goods. The Company cannot be held liable for these losses by means of chapter 15.1 and 15.2. Also the Client will be in breach of chapter 12 of these terms and conditions.
In addition to chapter 15; the Company will not be liable to the Client for any loss or damage suffered by the Client as a direct result of the Company, its sub-contractors or the list-owner from whom the sample or other service or material is derived being unable to perform the Contract in the way agreed by reason of cause beyond its control including Act of God, accident, war, riot, lockout, strike, flood, fire, power failure, breakdown of plant or machinery, delay in transit, postal delay, or any other unexpected or exceptional cause or circumstance.
CommodityBasis.com B.V. shall have the right to terminate this contract and the Clients’ access to and use of this site at any time and at its sole discretion.
These Terms of Trading shall be subject to and construed in accordance with the laws of the Netherlands and the parties hereby submit to the exclusive jurisdiction of the Dutch courts.