General Purchasing Conditions
Last update: 12/07/2016
ARTICLE 1: DEFINITIONS
« Buyer » means the Ecotrade company.
« Goods » means all objects sent to Ecotrade by the seller.
« Seller » means the client, every person over 18 years old, co-contracting with Ecotrade.
« General Purchasing Conditions » means those general purchasing conditions applicable to the relationship between Ecotrade and the seller.
« Date of payment » means the date Ecotrade issues the payment, in accordance with article 9 of these general purchasing conditions.
« Return form » covers all elements the seller needs in order to send his catalytic converter(s) to Ecotrade.
ARTICLE 2: SCOPE OF APPLICATIONS
The General Purchasing Conditions apply to any buying proposal between the Seller and the Buyer (Ecotrade). These GPC define the relationship terms for all the buying and selling operations applicable between Ecotrade and its sellers in acquiring used catalytic converters.
The order by the Client of a return form takes its support without limitation or reserve for these General Purchasing Conditions, the latter declaring and acknowledging to have a perfect knowledge of it, and, thus renouncing the right to make any form of claim based on any other contradictory document.
ARTICLE 3: PRECONDITIONS
The buyer guarantees to Ecotrade :
- To be 18 or over and to have full legal capacity.
- To own the catalytic converters or be duly authorized to dispose of them. (Ecotrade can demand, in its sole discretion, proof of property or right to dispose of the catalytic converters - that the catalytic converters are free of any rights, not subject to any dismemberment, not allocated to any debt obligation warranty and not claimed by any other party).
- That the catalytic converters have not been acquired by any illegal act forbidden by penal law, such as theft, and cannot be linked to one.
- That the sale of the catalytic converters does not have as its objective an illegal act forbidden by penal law, such as concealment; that the mailing and/or the provision and/or the cession of the catalytic converter(s) to Ecotrade does not participate in laundering money or does not lead to the violation of the applicable law of Ecotrade .
- To act in its name and on its behalf, and not as an agent or a representative.
ARTICLE 4: ORDERS
Catalytic converters must be sent by the Seller to the Ecotrade package treatment center. In accordance with legal provisions applicable to the fight against money laundering and concealment and to precious metals transactions, the Seller may be required to give Ecotrade a copy of the identity document.
Ecotrade advises the Seller to take pictures of the catalytic converters before sending them in order to have additional justification. The Seller must give the return envelope to the post office and keep the shipping waybill, the unique justification testifying shipment was made to Ecotrade.
Ecotrade reserves all rights not to accept shipments that seem damaged, opened or mishandled during transportation. Such shipments shall be returned to the Seller without Ecotrade liability being engaged.
4.2 Orders outside the website
Ecotrade can only be held responsible for orders made by representatives legally empowered to carry out purchase contracts. These orders must be in writing.
4.3 Electronic orders
The Seller can identify the catalytic converters he wants to sell by creating a cart via the online catalogue of the website https://www.catalyticconverterrecycling.com/. The Seller is responsible for wrapping the product, printing the pre-paid shipping label and passing it to the postal services no later than three (3) trading days after the order has been validated.
Participation for shipping price can be deduced.
ARTICLE 5: NATURE OF THE GOODS
Ecotrade buys used catalytic converters for refining. Selling prices are evaluated by Ecotrade based on the weight of each precious metal contained in the object and not on the hypothetic value of an undamaged item. Consequently, the price offered by Ecotrade can be lower than the resale value.
ARTICLE 6: FORMATION OF THE CONTRACT
By sending the Goods to Ecotrade, the Seller formulates, to Ecotrade, a firm offer to sell for the sent Goods. After expert evaluation of the Goods, Ecotrade will decide if it wants to acquire the Goods. If Ecotrade decides so, it will inform the Seller within forty eight (48) hours after the evaluation, by postal or electronic mail and will proceed, the same day, to the payment as indicated in article 9 below. Notification of the sale acceptance by Ecotrade is the date of the formation of the contract.
ARTICLE 7: TRANSFER OF OWNERSHIP
The transfer of ownership of the Goods and the transfer of the risk of loss and damages related to it, will be effective once the goods have been accepted by the Buyer. The Goods travel therefore at the Seller‘s risk, who can, in case of damage, make a claim to the carrier under the regulatory conditions. The Buyer cannot be held responsible in any way.
ARTICLE 8: PRICE
Goods price is defined according to its precious metals weight and to the day's stock market price. Products redemption prices are in euros or GBP including taxes. Prices are fixed, non-revisable and do not include order processing, transport and delivery costs for which a separate fee may be charged.
On payment of the selling price, Ecotrade send an email to the Seller containing the sales purchase agreement including the relevant information: goods description, quantity for every reference, its value and payment terms.
ARTICLE 9: PAYMENT TERMS
For the purchase, Ecotrade will proceed with the payment determined after the Goods evaluation immediately after notifying the Seller its decision to buy the Goods, meaning within forty eight (48) hours after the Goods evaluation.
The forty eight (48) hours delay aforementioned does not mean the effective credit entry on the bank account of the Seller but the transfer order made by Ecotrade. If the forty eight (48) hours delay aforementioned expires on a weekend or a bank holiday, these days are not taken into account in the calculation of the time period.
The payment will be made by the means selected by the Seller (check, bank transfer, Paypal transfer). Ecotrade would like to draw the Seller’s attention to be informed and to fulfill its fiscal obligation in accordance with relevant provisions.
ARTICLE 10: COMPLIANCE AND QUALITY OF PRODUCTS
Packages arrive at Ecotrade by postal services. After receiving, Ecotrade checks the delivered Goods for quantity as well as quality.
If after this quality check, Ecotrade realizes there has been a mistake during the validation of the command order for quantity or default on quality, Ecotrade will make a new offer to the Seller by email:
- Ecotrade offers a new selling price.
- Ecotrade offers to return the goods to the Seller.
If not accepted within seven (7) days of the new proposal being sent, the goods will be returned to the Seller, with transfer of the Goods being made when signing. The fees linked to the return of the Goods are solely the responsibility of the Seller.
ARTICLE 11: RESPONSIBILITY
Ecotrade is not responsible for direct damages suffered by the Seller as a result of non-execution or bad execution of its obligation regarding these General Conditions and the sales contracts linked to it. If the goods are rejected by Ecotrade as specified in Article 10 above, the Seller will not be able to hold Ecotrade responsible on the basis of a loss of time suffered by the failure of the operation.
Ecotrade cannot be held responsible for any delay of non-execution as a result of force majeure.
Ecotrade reserves the right to begin any legal action against a Seller who cannot justify provenance of its Goods or is illegally involved in the ownership.
Also, the responsibility of' Ecotrade cannot be engaged in any way whatsoever if the Seller is not involved in the origin of his Goods. Furthermore, the Seller warrants Ecotrade against default and / or hidden default, in particular regarding the origin of Goods sold.
ARTICLE 12: MODIFICATION OF TERMS
Ecotrade reserves the right to modify these Terms at any time. In such circumstances, the Seller shall remain subject to the Terms in effect at the date of sending its Goods to Ecotrade.
ARTICLE 13: TRANSFER - TRANSMISSION
Ecotrade has the right to sell all or part of the rights and obligations it has under these Conditions without affecting the scope of rights and obligations of the Seller.
ARTICLE 14: WAIVER – TOLERANCE – NULLITY
The fact that Ecotrade may renounce claiming the breach of any provision of these Conditions shall not prevent the subsequent implementation of this clause and may not be considered a waiver of any other breach.
Similarly, the tolerance for the application of terms and conditions of these Terms will never, whatever might be the duration or frequency, be considered a modification or deletion of these Terms and Conditions.
Finally, the nullity that may affect any provision of these Terms, in whole or part, will not affect the rest of the Terms, which shall remain in force without change.
ARTICLE 15: APPLICABLE LAW - DISPUTES
These Terms are governed by Thai law, where the offices of Ecotrade are registered, and any dispute or disputes that may arise from the interpretation or execution of these will be the exclusive jurisdiction of the Thai courts.