These terms are supplement to the general Terms of Service for the Service. In case of discrepancies, the Trading Terms have precedence. The terms collectively constitute an Agreement between Compelling Software IVS (Provider), Sellers, and Buyers using the Service. If Seller and Buyer already have a trade agreement in place, it has precedence over section 7 and 8 of these Terms. If Seller provides own terms as part of the Product information made public on the Service, such terms have precedence over section 7 and 8 of these Terms.
(A) “Service” refers to the Provider’s online marketplace service for selling and buying Groceries and related items. The service includes such functions as stated on the website for the Service, which the Provider may change from time to time, at its sole discretion.
(B) “Seller” refers to the corporation selling Products using the Service
(C) “Buyer” refers to either a private or corporation buying Products using the Service.
(D) “Product” refers to an grocery or grocery related item set for sale by Seller using the Service
(E) “Order” refers to electronic purchase request send from Buyer to Seller using the Service. An Order does not constitute an agreement between Buyer and Seller until the Seller has accepted the order using the Service
(F) “Delivery Address” refers to the address provided by Buyer when submitting an order to the Seller. Delivery Address is the location where the Products are shipped.
(G) “Delivery Time” refers to the time the Seller guarantees Delivery. This is configured by the Seller in the Service by entering the number of working days required for delivery.
(G) “Delivery” refers to the shipment of Products from Seller to Product.
2. Buyer guarantees:
2.1 If Buyer is a corporate buyer, he or she is authorized to act on behalf of the the company he/she is employed in.
2.2 If Buyer is a private consumer, he or she is at least 18 years of age and is authorized to engage in a binding purchase.
3. Seller guarantees:
3.1 That he or she is authorized to act on behalf of the company he/she is employed in
Seller is responsible for his goods, both in terms of quantity and quality.
3.2 Giving correct Product information, including but not limited to: price, available volume, expiry date, and delivery terms.
3.3 Any defects or negative aspects of a product is clearly disclosed in the product description
3.3 An order will be delivered in accordance with these Terms and the terms stated by the Seller in the product description
3.4 The Products will be delivered in a timely manner, in the right amount and at the Delivery Address
3.5 To inform the Buyer of any irregularities during order processing
3.6 The Products complies with laws of the Seller’s country. A breach would be to sell Products that the Seller is not the rightful owner of or to sell Products that are illegally imported or counterfeit.
4. Buyer conditions:
4.1 An Order placed using the Service is immediately sent to the Seller and cannot be cancelled.
4.2 The Buyer must make sure to goods can be received upon arrival at the Buyer’s delivery address, e.g. by setting up internal orders and making sure the Buyer is present and prepared to accept the Delivery.
5. Seller conditions
5.1 Provider grants Seller a non-exclusive right to use the Service for the commercial purpose of selling the Seller’s Products to other users of the Service.
5.2 Should Seller remove Products for sale on the Service before they are sold via the Service, Provider is entitled to charge a commercial fee.
5.3 Seller is responsible for having obtained the right to the texts and images used to describe the offers on the Service.
5.4 Seller is responsible for collecting payment for an Order from the Buyer.
5.5 Seller is responsible for collecting taxes such as VAT and transfer such taxes to authorities according to laws in the country of the Seller.
5.6 Provider will invoice Seller the agreed commission for approved Orders. Payment is due end of month plus 8 days. Whatever the reason for cancellation or failure to complete the Order after its approval, Provider has a claim for the agreed commission.
5.7 Provider cannot be held liable for non-payment and in such cases will still be entitled to the agreed commission.
6. Order handling
6.1 An Order accepted by the Seller is legally binding between the Buyer and the Seller.
6.2 When the Seller starts processing the Order, the Seller confirms the ordered Products are in stock, the minimum order size is fulfilled, and the Order can be shipped to the stated Delivery Address. Seller must process incoming orders and delivery status requests from Buyers as soon as possible and no later than 2 working days after they have been submitted by the Buyer.
6.3 If the Order has not been approved to rejected by the Seller within 2 working days after being submitted by the Buyer, it is considered cancelled.
6.4 The Seller ships the Order to the Delivery Address given at the time of submitting the Order. Subsequent change to Delivery Address can only take place if both Seller and Buyer accepts this in writing.
6.5 Product is not delivered until it has arrived at the Delivery Address and Buyer has signed a delivery receipt.
6.6 If Delivery has not happened at the stated Delivery Time, the Buyer must inform the Seller in writing.
6.7 If the ordered Products have not been delivered within 2 additional working days after the promised Delivery Date, the Buyer has the right to cancel the Order in writing.
6.8 The Buyer and Seller are not allowed to negotiate buying Products sold on the Service without the use of the Service. Such behaviour will lead to being banned from using the Service.
7. Invoicing and Payment
7.1 When Seller approves an Order, the Service sends an electronic order confirmation to the Buyer and Seller.
7.2 It is the Seller’s responsibility to invoice and collect payment from the Buyer directly, Should may issue an invoice as supplement to the order confirmation sent by the Service.
7.3 It is the Buyer’s responsibility to provide timely and full payment according to the Order confirmation sent by the Service.
7.4 For private Buyers, the Payment happens before the Products are shipped, unless otherwise agreed between Buyer and Seller.
7.5 For corporate Buyers, Payment is 14 days after Invoice is sent, unless otherwise agreed between Buyer and Seller.
8.1 All prices for Products sold via the Service are in the local currency of the Seller’s country. Prices are incl. VAT and all other local taxes.
8.2 All prices include free delivery to one address either within a certain radius from the Seller or to an address on the mainland or islands connected via bridges to the mainland of the Seller address, as stated in the Service for the Seller. Seller and Buyer may negotiate additional surcharge to addresses not covered by these terms.
9. Changes and Termination
9.1 Provider reserves the right at all times to exclude users and companies, and remove offers that do not comply with these Terms or, as requested by Provider, do not change behavior in their use of the Service.
9.2 Provider reserves the right to exclude Sellers that over time do not generate commission for the Provider equivalent to what the banner space is sold for.
9.3 Provider reserves the right to exclude Sellers that repeatedly cancel Buyer orders.
9.4 Provider has the right to remove offers that violate applicable law, or appear unethical. If this happens, Provider has a duty to inform the Seller.
9.5 If the Buyer or Seller becomes aware of offers that do not comply with applicable law or are appear unethical, they should immediately contact the Provider.
9.6 Seller has an expanded duty to get the offer description corrected to comply with applicable laws and appear ethically correct.
10. Limitation of Liability, Disputes
10.1 Provider cannot be held legally responsible for errors in offers, missing deliveries, breach or consequential costs, either directly or indirectly, resulting from transactions made using the Service.
10.2 Trade is concluded exclusively between Buyer and Seller. However, Buyer may contact Provider regarding complaints. Upon such inquiries, Provider will try to resolve the dispute.
10.3 Provider only has a formal relation to the Seller, who has commited to pay Provider a commision.
10.4 Provider is not responsible for operating loss, loss of business profits or other indirect losses. Provider is also not responsible for any loss or damage which the Seller or Buyer can ensure coverage for by taking out insurance in a Danish operating insurance company.
10.5 Provider’s liability shall be limited such that the compensation to the Seller or Buyer in any event will not exceed the received commission for the Order in question. Claims against the Provider must be raised within 30 days of the conclusion of the trade underlying the claim.
Effective Sep 18, 2018