General Purchasing Conditions
Last update: 28/06/2019
ARTICLE 1: DEFINITIONS
« Buyer » means the Ecotrade branch or its Partner.
« Goods » means all objects sent to an Ecotrade branch or its Partner by the seller.
« Seller » means the client, every person over 18 years old, co-contracting with an Ecotrade branch or its Partner.
« General Purchasing Conditions » means those general purchasing conditions applicable to the relationship between an Ecotrade branch or its Partner and the seller.
« Date of payment » means the date an Ecotrade branch or its Partner 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 an Ecotrade branch or its Partner.
ARTICLE 2: SCOPE OF APPLICATIONS
The General Purchasing Conditions apply to any buying proposal between the Seller and the Buyer.
These GPC define the relationship terms for all the buying and selling operations applicable between the Buyer 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 Seller guarantees to the Buyer:
- To be 18 or over and to have full legal capacity.
- To own the catalytic converters or be duly authorized to dispose of them. (the Buyer 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 the Buyer does not participate in laundering money or does not lead to the violation of the applicable law of the Buyer.
- 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 factory.
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 the Buyer a copy of his ID.
The Buyer 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 the Buyer.
the Buyer 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
the Buyer 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/ or other websites.
The Seller is responsible for packing the goods, 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
The buyer buys used catalytic converters for refining. Selling prices are evaluated by the Buyer 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 featured value.
ARTICLE 6: SALE CONTRACT
By sending the Goods to the Buyer, the Seller formulates, to the Buyer, a definitive offer to sell for the sent Goods. After expert evaluation of the Goods, the Buyer will decide if it wants to acquire the Goods. If he does, 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 the Buyer is the date of the sale.
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 any other currency 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, the Buyer send an email to the Seller containing the purchase contract including the relevant information: goods description, quantity for every reference, its value and payment terms.
ARTICLE 9: PAYMENT TERMS
For the purchase, the Buyer 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 the Buyer.
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). the Buyer would like to draw the Seller’s attention to be informed and to fulfill its tax obligation in accordance with relevant provisions.
ARTICLE 10: COMPLIANCE AND QUALITY OF PRODUCTS
Packages arrive at the Buyer by shipping services. After receiving, the Buyer checks the delivered Goods for quantity as well as quality.
If after this quality check, the Buyer realizes there has been a mistake during the validation of the command order for quantity or default on quality, the Buyer will make a new offer to the Seller by email:
- The Buyer offers a new selling price.
- The Buyer 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
The Buyer is not responsible for direct damages suffered by the Seller as a result of non-execution or wrong execution of its obligation regarding these General Conditions and the sales contracts linked to it.
If the goods are rejected by the Buyer as specified in Article 10 above, the Seller will not be able to hold the Buyer responsible on the basis of a loss of time suffered by the failure of the operation.
The buyer cannot be held responsible for any delay of non-execution as a result of force majeure.
The buyer 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' the Buyer cannot be engaged in any way whatsoever if the Seller is not involved in the origin of his Goods.
Furthermore, the Seller warrants the Buyer against default and / or hidden default, in particular regarding the origin of Goods sold.
ARTICLE 12: MODIFICATION OF TERMS
The Buyer 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 the Buyer.
ARTICLE 13: TRANSFER - TRANSMISSION
The Buyer 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 the Buyer 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.