Terms and Conditions
The Portal is an intermediation platform whose exclusive purpose is to put in contact the Users who have a potential interest in the sale or purchase of secondary raw materials, by-products, waste or other materials suitable for subsequent recycling or reuse through an alternative use (hereinafter the "Products").
By virtue of this, RECIRCULAR's services (hereinafter the "Services") are limited to (i) online intermediation, exonerating any responsibility for the Products, as they are not part of the purchase-sale transaction, (ii) receive by name and account of the purchasing user the amount paid for the price of the Products, from which the commission of RECIRCULAR will be deducted, the selling user expressly accepting said end.
Consequently, the selling user will be solely responsible for the authenticity, provenance, quality and status of the Products published and sold on the Portal.
2. Access to the portal
The Services will be provided online through the Portal in the "My Profile" space enabled for this purpose.
The User may access it through computer equipment, mobile devices (mobile phones, electronic diaries), television and other telematic channels provided they are compatible with the Portal.
The functionalities of the Service will be the same when accessed through mobile devices or other means other than computer equipment, always bearing in mind that some may not be fully operational due to the characteristics of the devices and / or due to the physical impossibility or practice of being able to complete through the same certain procedures and / or requirements previously established by the applicable regulations.
To access the content and functions of the Portal, Users must create an account, filling in all the fields required in the User registration form and establishing a password (hereinafter the "Access Code"). To access the registry, it is a prerequisite to read and accept these General Conditions.
Users are obliged to provide truthful information in the registration process and keep it duly updated. For registration in the Portal, the User declares and guarantees that (i) he is of legal age, (ii) he has the sufficient capacity to act, (iii) he does not meet the condition of consumer and user.
The User is solely responsible for the Access Code. In the event of loss, theft or misappropriation of the Access Code by the User, the User must notify RECIRCULAR in writing and imminently said circumstance, forcing himself to unsubscribe and / or block the Access Code as quickly as possible. possible.
The User will be responsible for obtaining the terminals, software, and / or any equipment necessary for access to the Portal and use of the Services, as well as the expenses that may derive from them.
In any case, RECIRCULAR will not be responsible for the interruption of the Portal's operation whenever it occurs due to force majeure, network maintenance, and / or failure of the server or hosting.
Once the account is created, Users can create and generate announcements about the Products, which will be directly linked to their User profile. In each advertisement published, the User must establish (hereinafter the “Ad Content”) (i) type of waste; (ii) volume, (iii) description, (iv) price, (v) photographic image and other requested information, which is required for the proper functioning of the Portal and the Services it provides.
RECIRCULAR will not be responsible for the precision or accuracy of the Ad Content, nor for the status, condition or use of the Products. The User who has published the advertisement will be the sole and exclusive responsible. By virtue of this, the Users exonerate RECIRCULAR about the veracity of the Ad Content, RECIRCULAR not guaranteeing the accuracy and completeness of the information. The User who gives his consent to the acquisition of the Product will do so at his own judgment and responsibility.
The Ad Content will be published on the Portal so that it can be seen by the rest of Users.
Likewise, any visitor will be able to access the content of the Portal, but the information in the Ad will only be accessed in a limited way, at the discretion of RECIRCULAR. By virtue of this, the visitor who wants to access the full content of an advertisement must register as a User.
Notwithstanding the foregoing, RECIRCULAR reserves the right to remove any Ad Content that does not comply with these General Conditions or that its understanding may damage the image of the Portal.
The Ad Content will remain visible to Users for a period of three months after which the Ad Content will expire.
3. Commission for intermediation
RECIRCULAR will receive a commission for the intermediation services of the Portal that will be determined based on the following parameters (the “Commission”):
- A fixed commission amounting to 10% of the value of the purchase-sale transaction, 5% charged to the Buying User and 5% to the Selling User.
- Minimum commission of fifteen (15) euros for each transaction charged to both, the Buying User and the Selling user. This is applied in those cases in which the 5% commission is less than 15 euros.
- A variable commission based on the weight or volume of the Products, establishing the parameter of 0.035 euros for each kilogram, said commission will accrue from a weight of 750 kilograms.
RECIRCULAR reserves the right to modify the Commission by including it in these terms and conditions, as well as to apply a discount to the Commission within the framework of a promotion, whether it is unique to a User or globally. The Commission will be set at the time that the purchase and sale transaction of the Products between the Users is perfected.
The Commission will be added to the price of the Products and will be paid by the buying and selling Users. 5% will be charged at the moment of the transaction to the buying User; 5% will be deducted from the final cost of the purchase-sale transaction transferred to the selling User.
The selling User may accept an offer lower than the initial sale price set in the Ad, through the section enabled in the Portal for this purpose.
The Buying User will have a period of fourteen calendar days from the moment of receiving the Product, to submit a claim to RECIRCULAR about the transaction. Otherwise, the Buyer User will be considered to agree to the transaction, excluding claims subsequent to RECIRCULAR.
RECIRCULAR will pay the price of the Products and associated expenses, after the Commission has been deducted, from the Selling User, thirty calendar days after the sale, as long as no claims have been made by the Buying User.
RECIRCULAR will act as an intermediary agent in the presentation of claims and will retain the economic amount involved in the transaction until (i) it is indicated otherwise by the Buying User or the corresponding legal entity (ii) the period of 30 calendar days has elapsed from the communication of the dispute or claim on the site enabled for this purpose on the Portal. RECIRCULAR will not present legal actions on behalf of the Buying User.
RECIRCULAR will release in favor of the Seller the amount that corresponds to him according to the transaction.
The User must pay the Commission, the price of the Products, the transportation costs and any associated, through the RECIRCULAR secure payment system opened with Stripe.
Payment data will not be kept by RECIRCULAR, but by your payment service provider, unless the User decides to enter them in My Profile.
The form of payment will be made by the User at his own choice, being able to choose between the following forms of payment:
- Direct debit: In this case, if the User selects this form of payment, by accepting the general conditions of the General Conditions, he shows his consent for the direct debit charged to the payment account determined by the User. The User guarantees that the data provided relating to his bank account is perfectly valid for making the payment, and is responsible in case this is not the case.
- Transferencia bancaria
- Payment by credit or debit card from an authorized banking authority for this purpose: in case the User selected this form of payment, he accepts that the payment service provider should carry out the charge for this purpose. The User guarantees that the relative data provided on his card is perfectly valid.
The User accepts that the receipt of the invoice by the Commission is issued electronically by RECIRCULAR.
5. How to subscribe to the portal
The User may select one of the existing subscription modalities on the Portal.
5.1 Free registration
Through this form of contracting, RECIRCULAR grants the Client access to the Portal free of charge and for a minimum period of one (1) year, tacitly extendable from subscription.
Subscription gives the user accessibility to all Ads as well as unlimited posting of Ads.
5.2 Premium Subscription
RECIRCULAR will offer Users a Premium modality that will entail an annual subscription cost plus the corresponding amounts. Said subscription will be made for a minimum period of one year, unless RECIRCULAR decides to carry out promotions or subscription campaigns for shorter periods.
Los Usuarios premium disfrutarán del servicio de intermediación sin tener que abonar la Comisión de su transacción
After the provision of the Service, both in the case of Free Registration, as well as in the cases of Annual Basic Subscription or Monthly or Annual Premium Subscription, RECIRCULAR reserves the right to cancel the User Access Code.
The use of the Data by the User is strictly personal and its sole purpose is to use it as a marketing tool and / or commercial strategy. The User is the only owner accredited for access and use, for which reason he is responsible for not providing the Access Code to third parties outside it.
The User agrees to use the service in accordance with the law, morality and generally accepted good customs and public order, as well as refrain from using the Data for illegal, commercial, harmful rights of third parties or in a way that may harm third parties.
Likewise, the User is obliged to (i) not reproduce, copy, distribute, transfer, commercialize, resell, transmit, assign, disseminate, allow access to the public through any form of communication, transform, alter or modify the information on the Service. (ii) alter, evade or infringe the copyright of RECIRCULAR (iii) share the information or content of the Service to third parties outside the Portal and the User, for these purposes the related companies, subsidiaries, investees or business group that the User as well as any organization, of any nature, to which the User belongs (iv) not to contact, negotiate or perfect any type of transaction on the Products that each User has, (v) use the Portal with due respect to the rest of the Users.
In case of not fully or partially complying with these terms and conditions, RECIRCULAR reserves the right to (i) block the User Profile so that it cannot use the Portal, (ii) take any legal actions that assist it in law with the objective and ultimate purpose of demanding due compliance as well as any damages that may have been caused.
7. Collaborators required in the transaction
RECIRCULAR reserves the right to offer on the Portal the services of a comprehensive Waste Manager, who will act as external collaborator of RECIRCULAR and with whom users may contract the management of the Products in a comprehensive manner, upon acceptance of their price. RECIRCULAR does not intervene in any way in the management of waste, by virtue of which it does not exercise any control nor is it party to the adequacy of the waste manager by the User. Consequently, RECIRCULAR will not be in any case responsible for the breach or poor fulfillment of the obligations resulting from said management or the damages that may be caused to the User.
RECIRCULAR reserves the right to introduce links and / or advertising of services provided by third-party collaborators on the Portal, provided that RECIRCULAR considers that said collaborators can give added value or offer an interesting or necessary service for Users.
Likewise, RECIRCULAR reserves the right to provide the Portal with the necessary means to offer its Users any element or service that contributes and can / n optimize the use of the Products by the User, with the aim and objective that they can achieve through its treatment a considerable saving.
RECIRCULAR reserves the right to prevent, limit, suspend or modify User access to the Portal, as well as to deactivate the Access Codes, for reasons of Portal security and / or the confidentiality of the Service and provided they are duly justified by RECIRCULAR or if there were indications of fraudulent or illegitimate use of the same.
The User exonerates RECIRCULAR from any responsibility that may derive from illegally obtaining third parties, the Service as well as the User's data existing on the Portal and / or in RECIRCULAR.
9. Electronic signature
The User Access Code will be considered for all electronic signature purposes. Consequently, its use by the User will unequivocally lead to a declaration of acceptance of the General Conditions and especially of its Conditions.
10. Propiedad intelectual e industrial
All documents, data, results, trademarks, images, distinctive signs, software, video, and other content of the Portal except the Content of the Ad and are protected by the Intellectual and Industrial Property Law, and are the exclusive property of RECIRCULAR, expressly renouncing the User, and his staff to any right that he could obtain on them.
The brands, domain and other distinctive signs of the Portal, RECIRCULAR and / or the Services are duly registered.
11. Confidentiality and data protection
RECIRCULAR undertakes to comply with the obligation of secrecy regarding personal data and its duty to safeguard it, adopting for this purpose the necessary security measures imposed by current legislation to prevent its loss, treatment or unauthorized access.
The User declares to know that the acceptance of the General Conditions entails the communication of his personal data in favor of RECIRCULAR. Likewise, the User authorizes their personal data to be incorporated into its files for (i) the management of the contractual relationship and (ii) the execution of promotional or advertising activity.
The data obtained may be used once the contractual relationship has ended, always with a commercial purpose, until the User communicates to RECIRCULAR his express and unequivocal will to cancel.
The User expressly authorizes the transfer of their personal data to third parties outside the General Conditions as long as the purpose of the transmission is the execution of the General Conditions or is established by legal imposition.
In case of electronic payment, the User expressly authorizes RECIRCULAR to transfer their data to the electronic entity authorized for this purpose.
The rights of access, rectification, cancellation and opposition may be exercised at any time by the User through reliable communication addressed to RECIRCULAR of their desire to exercise the corresponding right.
12. Communication general conditions
RECIRCULAR makes available to the User and any third party so that they can access it through electronic means, and permanently, easily, directly and free of charge through the Portal, both the Conditions and the prior information necessary to contract the Service.
RECIRCULAR communications to the User may be made by ordinary mail, electronic and / or telephone to the addresses provided by the User for this purpose in My Profile.
User communications to RECIRCULAR may be made through the Portal itself.
14. Applicable law and jurisdiction
For any divergence derived from the interpretation or execution of the General Conditions, this is governed by Spanish Law, and the User and RECIRCULAR submit, expressly waiving any other jurisdiction, to the jurisdiction of the Courts and Tribunals of Bilbao, in attention that it is the place where RECIRCULAR is established in accordance with the provisions of art. 29 of Law 34/200