Terms of Use of Wikifarmer Marketplace

WIKIFARMER TERMS OF USE FOR SELLERS AND BUYERS

Wikifarmer Marketplace operates under the corporate name WIKIFARMER ΜΙΚΕ, based in GOUNARI 78 16561 ATTICA, Greece. Wikifarmer is a marketplace that allows users to offer, sell, and buy Agricultural and Related Products in a variety of locations. The actual contract for sale is directly between the Seller and Buyer. Wikifarmer is not a traditional merchant or reseller. Wikifarmer does not buy products with the intention to resale, does not arrange shipments of products, and does not issue invoices for the sale of these products. Wikifarmer is an online platform that can help farmers, producers, and traders find buyers for their products through online and offline advertisements and other actions. 

Wikifarmer Marketplace is an online search engine for agricultural and other related products. Each Seller can create an account (profile) and present their products. Every legal entity or physical person (Buyer) can connect, search, and express interest in any of these products. The Wikifarmer Marketplace was created to give sellers (producers and traders) the opportunity to promote their products online and connect with buyers. In no case, however, does it guarantee the correctness of any listed information or transaction, the quality of the products, a possible food spoilage, incomplete or false labeling, proper shipment or delivery of the products as well as the legality of each transaction. The Seller is legally responsible for the assurance of the quality requirements, market, and tax provisions concerning the sale of agricultural and related products. The Buyer is responsible for requesting more information about the Seller before ordering, for checking the quantity and quality of the products before their final receipt, as well as for requesting all the supporting tax and transport documents (receipt, invoice, shipping slip) from the Seller. Wikifarmer Marketplace is not obliged to recover damages or disputes arising from the use of the information provided through the Website.

These terms describe the rights and obligations of sellers and buyers, who may be either physical persons or legal entities (hereinafter referred to as "the Sellers" and "the Buyers") in relation to the use of the services provided by the Wikifarmer Marketplace (hereinafter “the Wikifarmer Marketplace”) and in relation to the terms of sale and purchase of the products made through it between the Sellers and the Buyers. The products presented for sale by the Sellers on the Wikifarmer Marketplace are agricultural products or other related products (hereinafter referred to as "Products"). Each Seller will have the resulting obligations and rights from the present to the extent that (s)he acts as a Seller on the Wikifarmer Marketplace and each Buyer to the extent that (s)he acts as a Buyer. In case the properties of the Seller and the Buyer coincide due to his/her participation as a Seller in one sale and as a Buyer in another, then (s)he will be bound by the terms of the present for both of these properties.

1. SELLER REGISTRATION.

In order to sell a Product on the Wikifarmer Marketplace for a fee, the Seller creates an account/profile within the Wikifarmer Marketplace online platform. Some of the data that the Seller introduces in the profile will be publicly available to users of the Wikifarmer Marketplace platform. In the case of a legal entity, the Seller will be required to provide the details of the legal entity (for instance Certificate of Registration) in order to certify that the Seller is a legally established and existing company.

Ather the registration, the Seller has his/her business page on the Wikifarmer Marketplace website and can publish products, accept orders from buyers (businesses in the field of the food industry or even individuals - physical persons) and ship - invoice the products directly to the Buyers. 

BUYER REGISTRATION

In order for a buyer to be able to search and purchase the products offered by the Sellers, he/she creates an account/profile by entering his / her details on the Wikifarmer Marketplace online platform. In this way, a physical person or a legal entity has the ability to search for free producers and express interest for agricultural products throughout the world.

Every Buyer wishing to subscribe to the Services of the Website must state the true, complete, and valid personal or business information, as required by the Website, in order to access its content and services. The buyer must also inform the Website directly of any change of the above data and ensure that these data remain consistently accurate and complete. A person's or a business’s participation in the Wikifarmer Marketplace in the capacity of the Buyer will be clear in the Contracting Party on a case-by-case basis so that the Contracting Party knows whether the Buyer is a physical person or a legal entity.

The cost of service for Buyers of Agricultural Products is zero.

2. CODE OF CONDUCT. 

As a prerequisite for buying and selling products to the Wikifarmer Marketplace, Sellers and Buyers must comply with these Terms and Conditions of Use of the Wikifarmer Marketplace. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.

Sellers and Buyers must comply with the rules and regulations of European and International Law, International Commerce Law and the relevant legislation governing telecommunications and refrain from any illegal and abusive behavior when using the Wikifarmer Marketplace website. The Seller and the Buyer are liable for any damage caused to the Wikifarmer Marketplace website, resulting in the misuse of the Website and the services offered through it. In the event that Wikifarmer Marketplace receives notice of a lawsuit or is required to pay any kind of compensation due to the breach of the obligations of the Seller or the Buyer described in these terms, the Seller and/or the Buyer must compensate the Wikifarmer Marketplace for this reason. 

3. SELLER AND BUYER ACCOUNT TERMINATION

If a Seller chooses to delete his/her own account or in case Wikifarmer Marketplace terminates a Seller's account, the Seller agrees that, prior to termination or cancellation of any account, Wikifarmer Marketplace reserves the right to continue to make the Products available to Buyers who have placed their order prior to the removal of that Product from the Seller and to carry out such sale of the Product.

Upon termination or deactivation of the Seller's Account, Wikifarmer Marketplace has no obligation to pay the Seller any remuneration or compensation for closing or deactivating the Seller's account. Wikifarmer Marketplace may, at its sole discretion, remove any of the Seller’s products. It is strictly prohibited and Wikifarmer Marketplace reserves the right to delete the Seller's account in case the Seller uses the Personal Data of the Buyer for promotional purposes. In any case, Wikifarmer Marketplace reserves the right to permanently delete the account of any Seller who does not comply with the Terms of Use of Wikifarmer Marketplace.

Any Buyer can delete their Wikifarmer Marketplace account at any time as long as there is no outstanding order in their account and as a result, the deletion of the account will make it impossible for the Seller to send the order. In this case, the Buyer who deleted his account will be responsible. Wikifarmer Marketplace reserves the right to permanently delete the account of any Buyer who does not comply with the Terms of Use Wikifarmer Marketplace.

In all cases, we reserve the right to unpublish and deactivate the account of any user or any user's content for any reason, at our sole discretion.

4. REPRESENTATIONS AND WARRANTIES OF THE SELLER - DISCLAIMER OF WARRANTIES - LIMITATION OF LIABILITIES

By registering and posting Products for sale on the Wikifarmer Marketplace, the Seller declares and guarantees that (a) the Product was created exclusively by the Seller or that the Seller has every right and/or the necessary licenses to sell it (b) it is legal to export the product abroad and the Seller will cover all import taxes and tariffs. (c) the published product is the result of agricultural production by a legal producer registered in the country of origin and consequently, the product is accompanied by all necessary certificates.

In all cases, Wikifarmer Marketplace reserves the right to unpublish, deactivate or delete the account of any user or any user's content for any reason, at its sole discretion.

Wikifarmer strives to keep its Services safe, secure, and functioning properly, but it cannot guarantee the continuous operation of or access to its Services. You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all expressed or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

The Seller agrees to compensate all subsidiaries, parent companies, affiliates, executives, agents, representatives and employees of the Wikifarmer Marketplace from any and all claims, liabilities, expenses or taxes and all reasonable legal fees, arising from any claim raised by any Buyer or third party or from any action submitted by a State or regulatory body against the Seller, which derives from or relates to (i) the sale of the Products by the Seller through the Marketplace, (ii) the actual or presumed violation of these Terms by the Seller, (iii) the actual or alleged infringement of any applicable laws, rules, regulations or rights of another on the part of the Seller.

The Buyer is responsible for requesting more information about the Seller before ordering, to check the quantity and quality of the Products before their final receipt, as well as to request the corresponding tax and transport document (receipt, invoice, consignment note) from the Seller. Wikifarmer Marketplace is not obliged to cover damages or disputes arising from the use of the information provided through the Website.

All Buyers use the services/information provided on the Website solely at their own risk, while at the same time taking full responsibility for cross-referencing and checking the truth of this data. Wikifarmer Marketplace is not responsible for any issues arising out of any trade between the Buyer and the Seller.  

In exceptional cases judged by the Wikifarmer Marketplace on a case-by-case basis, the Wikifarmer Marketplace reserves the right to mediate between Buyer and Seller and try to resolve any issues arising from the sale of the Products. To the extent that the Wikifarmer Marketplace chooses to pay a refund to a Buyer for a product obtained from it, Wikifarmer will notify the Seller of the specific product. Wikifarmer Marketplace reserves the right to remove any product from Wikifarmer Marketplace if this product caused the refund. Within ten days of receiving the notification from the Wikifarmer Marketplace, the Seller is obliged to return the money to the Wikifarmer Marketplace through the third party payment processing program for the total amount received for that product. If the Seller is unable to return the money to the Wikifarmer Marketplace, the latter reserves the right (i) to remove the Seller's profile or Seller’s products from the Wikifarmer Marketplace, (ii) to prohibit the Seller from further selling products through Wikifarmer Marketplace or (iii) to terminate the account/profile of the Producer-Seller.

Wikifarmer Marketplace assumes no liability to all damages claimed by users or any third party if the information provided in the website is incomplete, inaccurate, false, or misleading.

Wikifarmer Marketplace is not responsible for any issues arising out of any trade between the user and the producer and does not constitute an endorsement of any content contained in any Seller’s account.

Wikifarmer Marketplace, its employees, or other agents, are not liable, under any circumstances, for any consequential, incidental, indirect, specific, special damages or costs or penalties, including non-restrictive, non-profit, loss of information or data, or loss of customers, loss or damage of property, and any claims of third parties arising out of or in connection with the use, copying, or presentation of this website or the contents of or any other linked website, regardless of whether Wikifarmer Marketplace should be aware of this.

Wikifarmer Marketplace assumes no responsibility for any errors and viruses and any loss of data or other damage to the user or third parties, due to either use / copying / downloading or infection with viruses or other unauthorized third-party interventions in files and information available through the website.

Moreover, Wikifarmer Marketplace does not bear any responsibility for any damage or loss of profit resulting from transactions made outside the Wikifarmer Marketplace, including transactions that may have originated from Wikifarmer Marketplace but took place offline or outside the Wikifarmer Marketplace. The Wikifarmer Marketplace may but has no obligation to evaluate, endorse, accept, or approve the information presented in the Website. The user is solely responsible for the judgment, use, evaluation, and utilization of the information provided. Any business or other decision-making on the basis of this information is the sole responsibility of the user (buyer and seller) and Wikifarmer Marketplace is not obliged to cover any damages or disputes arising out of the use of the information provided through the Website.

If the Wikifarmer Marketplace is involved in any lawsuit or is called upon to pay any kind of compensation due to the breach of the Seller's obligations under these terms, the latter will have to compensate the Wikifarmer Marketplace for this reason.

If access to specific information requires the use of a security code (PIN) granted by the Wikifarmer Marketplace, each of the users is solely responsible for ensuring the confidentiality of their passwords. 

5. ORDERS PAYMENTS - PRICING - TRANSPORT COST - INVOICES - DELIVERY 

Each Seller can receive a preorder (expression of interest) from a Buyer for a Product posted on the Wikifarmer Marketplace. The buyer in this way creates a preorder. The buyer’s address (country, state, neighborhood, road, block) is clearly stated on the preorder. It is at the discretion of the Producer - Seller to reject or accept the preorder. However, the seller can only accept the preorder if the products listed in the order can be exported to the Buyer’s country in a legal way, accompanied by all necessary documents. Wikifarmer and Buyer bear no responsibility if the products are confiscated in the customs and will not recover any transport costs back to the Seller’s premises. Seller is solely responsible for ensuring that the products can be legally exported to the Buyer’s country and will finally arrive at the Buyer’s premises. Wikifarmer and Buyer assume no further responsibility for this. 

In case the Seller decides to accept the order, (s)he is invited to search and find a transport company that can deliver the products to the address stated by the Buyer at a specified cost and at a certain deadline. The seller is also invited to make a research on extra cost based on the nature of the client. For instance, if the Buyer is a physical person based in another country, the Seller may have to charge VAT. The Seller then responds to Buyer in a form by marking that the products can be delivered at Buyer’s door at an extra cost of Y (that includes transport and other charges) and at maximum Z days. The buyer then has the option to mark the preorder as incomplete and terminate it or accept and pay the order. In this case, the Buyer will pay by credit card the full amount of the order (Products Cost plus Transport and Other Cost). Payment is done via a Third Party Payment Processor. We do not store Buyer’s credit card information or other sensitive data on our servers. For any transaction, Wikifarmer uses the services of a secure payment gateway (for instance Stripe.com) to provide safe and secure payment procedures. User’s credit card information is never transmitted via our website since the payment gateway is responsible for collecting, storing and encrypting user’s data. The full amount of the order is detained from Wikifarmer Marketplace in a Third Party Escrow Account. An escrow account is an account where funds are held in trust whilst two or more parties complete a transaction. This means that a trusted third party such as Stripe.com will secure the funds in a trust account. The funds will be disbursed to the Seller after (s)he has fulfilled the escrow agreement, i.e. the Buyer declares that (s)he has received the goods and they meet the quality and quantity standards, as they were published on Wikifarmer.com 

The Seller is responsible for being compliant with all quality assurance, market and tax provisions relating to Deliveries of Agricultural Products. The seller is also responsible for choosing a Transport Company that will deliver the products at the Buyer’s premises. The Buyer is responsible for checking the product upon receipt, and if this does not meet the quantity and quality criteria set, if it is altered, has not been preserved properly during transport or if it is not accompanied by the necessary labeling and all the necessary documents (Receipt - Invoice / Shipment Card, Accreditations, etc.), then the Buyer has the right to refuse the receipt of the products. The Seller will then bear the cost of transporting the goods back to his/her property. Wikifarmer assumes no responsibility if the Buyer refuses to receive the goods. 

Sellers are solely responsible for setting the selling prices of their agricultural products on the Wikifarmer Marketplace (the "List Price"). Producers-Sellers are also solely responsible for publishing all necessary information about the Products. Wikifarmer Marketplace bears no responsibility for this process.

The ordered Products are delivered to Buyers under the responsibility of the Seller. 

6. OFFERING TRANSACTIONS OUTSIDE WIKIFARMER MARKETPLACE 

Offers to buy or sell outside of Wikifarmer are a potential fraud risk for both buyers and sellers. Transactions conducted outside of Wikifarmer are not eligible for several protection programs. Moreover, Wikifarmer Marketplace has invested a lot of resources to connect interested buyers with great sellers and we want to participate in ongoing transactions with them.

Consequently, Buyers and Sellers cannot engage in any activity with a user on the site designed to complete or facilitate a transaction outside of Wikifarmer Marketplace. Buyers and Sellers cannot share or request direct contact information prior to completing a sale. Buyers and Sellers cannot promote external websites that facilitate sales outside of Wikifarmer Marketplace or other businesses. Buyers and Sellers cannot use any user information to contact another member to buy or sell outside Wikifarmer Marketplace. Finally, Buyers and Sellers cannot offer catalogs or brochures that are used to order items directly outside of Wikifarmer Market. Activity that doesn't follow Wikifarmer Market policy could result in a range of actions including for example: blocking some or all of your messages/communication with other members, lowering seller rating, buying or selling restrictions, account suspension, application of fees, and recovery of expenses for policy monitoring and enforcement. All fees paid or payable in relation to listings or accounts on which we take any action will not be refunded or otherwise credited to your account.

If a Seller offers his/her contact information or asks a buyer for their contact information in the context of buying or selling outside of Wikifarmer Marketplace, the Seller may be liable to pay a final value fee applicable to that item, even if the item doesn't sell, given the usage of Wikifarmer Marketplace Services for the introduction to a buyer.

7. DOCUMENTATION

If the Seller sells any Product through the Wikifarmer Marketplace, (s)he agrees to provide Wikifarmer Marketplace with any forms, documents, or other certifications that the Wikifarmer Marketplace may request, in order to meet any reference obligations or tax obligations regarding the use of the Marketplace. None of what is included in the Wikifarmer Marketplace Terms constitutes an employment relationship, service, or partnership between the Wikifarmer Marketplace and any Producer-Seller.

8. SALES COMMISSIONS 

In return for the services provided by Wikifarmer Marketplace, from which a Seller will achieve sales for his/her products, the Seller agrees that Wikifarmer will receive 6% of the List Price (excluding Transport Costs and Taxes) for each product sold through the Marketplace ("Transaction Fee") and the Seller will receive 94% of the List Price. This Sales Commission may decrease after a written agreement. The 6% of the Price List that is withheld from Wikifarmer Marketplace supports administrative costs, technology costs (hosting, servers, emails, etc.), maintenance costs of the platform, but also costs of promoting the agricultural products that are listed through online and offline actions. The total amount of the payment will be bound by a third-party payment and processing platform (escrow) selected by the Wikifarmer Marketplace and 94% of List Price will be released to the Seller upon confirmation by the Buyer that the Product has been received. This confirmation must be made by the Buyer no later than eight (8) days from the date of sale of the product. Payments will be made automatically to the Seller's account with the third party payment processing program no later than thirty (30) days from the date of sale of the product. Wikifarmer Marketplace reserves the right to add, remove or modify the third party payment processing program it uses in order to settle transactions between Buyers and Sellers through the Wikifarmer Marketplace. The Seller waives any right to demand payment from any mechanism other than this. Sellers are strictly prohibited from sending their own bank account details to Buyers, asking for deposits. In all cases, Wikifarmer Marketplace reserves the right to unpublish and deactivate the account of any user or any user's content for any reason, at its sole discretion.

9. INDEMNITY

You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Use, your improper use of Wikifarmer Market’s Services or your breach of any law or the rights of a third party.

10. GENERAL

We may amend these Terms of Use at any time by posting the amended terms on www.wikifarmer.com. Our right to amend the Terms of Use includes the right to modify, add, or remove terms. Your continued access or use of our Services constitutes your acceptance of the amended terms.

11. COPYRIGHTED MATERIAL

The name "Wikifarmer" and other Wikifarmer marks, logos, designs, and phrases that we use in connection with our Services are trademarks in the European Union and several other countries. They may not be used without prior written permission of Wikifarmer.

12. USER GENERATED CONTENT

User-Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to Wikifarmer Marketplace by our users (Buyers and Sellers) is User Generated Content. Wikifarmer does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.