RULES OF USE

EXTORTION

Extortion is prohibited on Bioplace, as outlined in our Buyer Policy and Seller Policy.

 

The following actions are examples of extortion:

Please remember that we may not be able to consider any communication or transactions that occur off Bioplace.

For your own protection, please be sure to use Bioplace’s Messages tool and conduct all transactions through our checkout system. 

FEES & PAYMENTS POLICY

Sellers may be charged for using some of Bioplace’s services. This Fees & Payments Policy explains your fees and taxes and how to pay them.

This policy is a part of our Terms of Use. By opening an Bioplace shop, you’re agreeing to this policy and our Terms of Use.

1 – Types of Fees

Sellers may be required to pay the following types of fees. Please note that all fees are listed exclusive of any value-added tax (VAT) or similar taxes that may apply. See the Taxes section below for further details. It’s important to note that all service fees, including prepaid fees, are non-refundable.

 

Set-Up Fee

To open your Bioplace shop, you may be required to pay a one-time set-up fee. Please note that if applicable, the set-up fee will be displayed and charged as part of the shop set-up process. During onboarding and upon your confirmation of this charge, we will initiate a pending transaction on your card. This transaction will be processed after onboarding is complete, your shop is open, and you are able to receive orders on Bioplace. By providing your card information and approving the set-up fee, you authorise us to charge your designated payment method. The one-time set-up fee is non-refundable once paid. We reserve the right to adjust or change the set-up fee at our discretion. In certain circumstances or promotional periods, the set-up fee may be waived at our sole discretion. The set-up fee is listed exclusive of any taxes that may apply and depending on the location of your bank account, you may incur additional charges for taxes on this fee at a later time, in accordance with local regulations. Any taxes, where applicable will be reflected in your payment account and deducted from sales. See the Taxes section and the Currency Conversion section below for more details on the set-up fee.

 

Transaction Fees

When you make a sale through Bioplace.biz, you will be charged a transaction fee of the price you display for each listing plus the amount you charge for delivery and packaging whenever it applies. Transaction fees varies according to the type of product:

We do not charge transaction fees for temporary refundable containers delivered with consumables and goods unless they are separately listed and sold or rented (as goods). In case you take a provision of refundable containers, we will charge the same transaction fee on the provision charged as to manage the financials of that temporary provision.

If you sell from the EU, the transaction fee will not apply to sales tax. If you sell from anywhere other than the EU, the transaction fee will apply to the listing price (which should include any applicable taxes that you as a seller are responsible for), postage price, and packaging. If you offer optional personalisation for an additional fee, the additional fee for personalisation is added to the listing price you display and the total display price is subject to the same transaction fees described in this Section. See the Taxes section below for more information about whether you are required to include applicable taxes in your listing prices. Transaction fees are deducted from your current balance as each sale occurs, and are reflected in your payment account.

 

Payment Processing Fees

Online Sales. Bioplace will charge a fix payment transaction cost depending on the type of payment you have chosen. We currently accept the following payment methods, which transaction costs are:

Regulatory Operating Fees

Sellers in certain countries will be charged a Regulatory Operating fee on each transaction. A Regulatory Operating fee is a fixed percentage of the price you display for each listing plus the amount you charge for postage (including gift wrapping and personalisation, if applicable) and is charged, where applicable, in addition to other fees described in this Policy. Regulatory Operating fees may vary per country and are charged as a result of the increased cost of operating in the relevant country, for example, as a result of additional costs of compliance with applicable regulation(s). You can find the countries in which Regulatory Operating fees apply as well as the specific percentage fees for each country in this help article.

 

Currency Conversion

With the exception of the set-up fee, transaction fee, Offsite Ads fees, the Payment Processing fee, Regulatory Operating fees, and deposit fees, Bioplace converts fees from EUR to your payment account currency at the market rate at the time the fee is reflected in your payment account. All fees appear in your payment account in euros.

Transaction fees, Offsite Ads fees, Regulatory Operating fees: If you list your items in a currency other than that of your payment account, the transaction fee and, where applicable, the Offsite Ads fee and Regulatory Operating fee will be converted to your payment account currency at the market rate and reflected in your payment account. Set-up fee: The set-up fee is charged to your card in the local currency of your bank and converted at the market rate at that time.

To avoid incurring foreign exchange charges on your sales, Bioplace recommends you list your items in the same currency as your payment account currency. Buyers see the items in the currency of their choosing.

2 – Off-Platform Transactions

Buy and sell items safely and securely on Bioplace. Off-platform transactions are not protected by Bioplace’s secure payment platform or policies, and offers to buy or sell outside Bioplace are a potential fraud risk for buyers and sellers. Therefore, any action to move a transaction off the Bioplace platform is strictly prohibited by Bioplace. This includes, for example, encouraging buyers to purchase an item in your Bioplace shop through another venue or directing buyers to another venue via a QR code. A transaction initiated on Bioplace may not be completed off of Bioplace. The price stated in each listing description must be an accurate representation of the sale. Sellers may not alter the item’s price after a sale for the purpose of avoiding Bioplace transaction fees, misrepresent the item’s location, or use another user’s account without permission.

3 – Paying your Bioplace Fees

Bioplace will automatically deduct all fees owed from your payment account, with the exception of the set-up fee which is charged to your card when you complete onboarding. Provided you have sufficient funds in your payment account no further payment action is required. If your payment account does not contain sufficient funds you are responsible for paying any fees owed in full within 15 days of the date of your monthly statement, or the account will be considered past due, and Bioplace may charge your card on file or take other actions to collect funds as laid out in the Recoupment section of Bioplace’s Payments Policy. If you make a sale while you have an outstanding balance the net sale amount will be applied to your outstanding balance. You may pay your outstanding balance manually by credit card, debit card, or Stripe.

Your statement is available in your payment account at the beginning of each month, and will detail all sales and fees activity from the preceding month. You can learn more about paying your outstanding balance in this Help article.

Bioplace may suspend your selling privileges at any time pending payment of your outstanding balance.

4 – Taxes

Aside from the limited circumstances set out below, you are responsible for collecting and paying any taxes associated with using and making sales through Bioplace’s services, including any fines, penalties and/or interest assessed directly or indirectly on such taxes (even if retroactive).

For purposes of these Terms, please note that while some countries may refer to VAT using other terms, e.g., Goods and Services Tax (“GST”) or Harmonised Sales Tax (“HST”), we’ll just refer to VAT, GST, HST and any local sales taxes collectively as “VAT” unless the context requires otherwise.

Listing your items on Bioplace

If you sell on Bioplace and reside outside of the EU, you may need to include applicable taxes in your listing prices.

You can learn more about how taxes are displayed and communicated to buyers in different jurisdictions in this Help article.

Where Bioplace is required to collect sales tax/VAT on your behalf, Bioplace will use the category you assigned to each listing to calculate, collect and remit the applicable taxes. You are solely responsible for ensuring that all of your listings are properly categorised, and you agree to indemnify Bioplace for any losses it incurs in connection with any miscategorisation of your listings by you.

Please remember that Bioplace’s fees do not include any withholding taxes that might apply in your home country. You are required to pay Bioplace the full amount of our fees and may not deduct any applicable withholding taxes from that amount.

In certain jurisdictions, where required to comply with applicable laws, Bioplace may withhold taxes from payments made to you or on your sales made through Bioplace.biz.

Taxes on Seller Services

VAT on Seller Fees

Depending on your business status and location, Bioplace may be required to apply VAT on seller fees charged each month and remit it to the relevant tax authority. VAT is collected on all Bioplace fees for sellers located in countries where VAT should be applied. Note that fees listed in this policy are exclusive of VAT. To learn more about how VAT works on Bioplace, see this Help article.

Taxes We Collect and Remit from Buyers

Digital VAT Fees

Under local laws in certain countries, Bioplace is required to collect and remit VAT to the relevant tax authorities when you sell a digital item delivered via automatic download to the buyer. See this Help article for further details. Bioplace will automatically display the increased amount charged to the buyer of the digital item to collect the correct amount of VAT, and we will remit it to the tax authorities.

5 – Other Governmental Fees, Charges and Levies

Certain jurisdictions may require Bioplace to collect other fees, charges or levies (e.g., environmental fees) from buyers and to remit those amounts to the relevant governmental authorities. Where Bioplace is required by law to collect such amounts, they will be charged to buyers at checkout.

6 – Marketplace Reporting of Seller Information

Where legally required, Bioplace will report your personal details and details of your transactions to relevant goverrnmental authorities.

OFF-PLATFORM TRANSACTIONS

Buy and sell items safely and securely on Bioplace.

 

At Bioplace, we are deeply committed to keeping our community safe. As part of this, we have built Bioplace Payments, our Purchase Protection Programme, and our Case System to protect community members if something goes wrong with an order. These protections aren’t available for transactions that take place off of Bioplace, even if the buyer and seller first found each other on Bioplace.

Because navigating off the Bioplace platform may increase the risk of fraud or scam exposure, taking communications and transactions off-platform is not allowed. This includes, for example:

A transaction initiated on Bioplace may not be completed off of Bioplace. The price stated in each listing description must be an accurate representation of the sale. Sellers may not alter the item’s price after a sale for the purpose of avoiding Bioplace transaction fees, misrepresent the item’s location, or use another user’s account without permission.

SELLER POLICY

Bioplace is a marketplace where you can sell the items you’ve produced, designed, and handpicked, or sourced, directly to buyers around Europe. We want to make sure that you and your buyers have a positive experience on Bioplace. Please read on to find out more about your rights, as well as what is expected of you, as a seller.

 

This policy is a part of our Terms of Use. By opening an Bioplace shop, you’re agreeing to this policy and our Terms of Use

1 – Selling Basics

Keeping in mind these basic requirements will set you up for success on Bioplace.

 

A. What can be sold on Bioplace

Bioplace is a unique marketplace. Buyers come here to purchase local agroforestry items that spark sustainability. As such, everything listed for sale on Bioplace must be produced, designed, handpicked, officially distributed or sourced by a seller.

If you sell on Bioplace, you need to provide the following information for each of your items:

For information on how to list personalised items, please see this Help article.

We encourage you to be transparent about how your craft and party supplies were made and where your materials come from. You can disclose whether your items have social or environmental attributes, such as organic or recycled. You can also indicate the location of manufacture.

B. What can’t be Sold on Bioplace

Even if they otherwise meet our marketplace criteria, prohibited itemsservices, and items that violate our intellectual property policies are not allowed to be sold on Bioplace.

All listings must offer an item for sale (which includes digitally delivered items, and can also include reserved listings for custom items) or energy related services. You may not create an Bioplace listing for the purpose of sharing a referral code, posting a want ad, or similar activity that does not offer a physical or digital item for sale. Bioplace sellers also may not offer gift cards for their shops. 

Bioplace may remove any listings that violate our policies. We use a combination of automated systems, manual monitoring and flags from members and third parties to help us identify items that may violate our policies. Note that listing fees are non-refundable. Bioplace may also suspend or terminate your account for any violations and you’ll still have to pay any outstanding fees on your Bioplace statement. You can find more information in our Fees & Payments Policy.

 

C. Managing your Bioplace Shop

Your shop represents you and your business to the Bioplace community. It’s important that you, your items and your shop are honestly and accurately represented.

By selling on Bioplace, you agree that you will:

D. Seller Standards

By listing a product for sale on Bioplace you understand and agree that you are responsible for complying with all applicable laws and regulations for the products you list for sale, including any required labels and warnings. Bioplace assumes no responsibility for the accuracy, labelling, or content of your listings.

 

Meeting Service Level Standards

As a seller, you must provide great customer service and maintain trust with your buyers. These requirements are called our Seller Service Level Standards. Bioplace may reach out to you if your shop fails to meet Bioplace’s Seller Service Level Standards. Read more here.

 

By selling on Bioplace, you agree to:

E. Selling Fees

Sellers may be charged for using some of Bioplace’s services. There are fees associated with listing, selling, advertising, and certain other Bioplace products and features. You can find information on fees in the Fees and Payments Policy.

1 – Being a Member of the Bioplace Community

At Bioplace, everyone is expected to treat fellow members of the Bioplace community with respect. As a seller, you have additional responsibilities to safeguard personal information and communicate promptly with buyers in order to provide a great customer experience.

 

A. Creating and Uploading Content

As a member of Bioplace, you have the opportunity to create and upload a variety of content, like listings, Messages, text, photos, and videos. In order to keep our community safe and respectful, you agree that you will not upload content that:

Members may not use Bioplace services such as Messages, Favourites, or Collections to make inappropriate use of otherwise compliant content, whether overtly or through contextualisation. 

Some content on Bioplace is subject to additional requirements. Please see below for more details.

Read more about how Bioplace search works, what factors impact search ranking, and how you can help optimise your listings and shop here.

B. Privacy and Protecting Personal Information

You are responsible for protecting members’ personal information you receive or process, and you must comply with all relevant legal requirements. This includes applicable data protection and privacy laws that govern the ways in which you can use Bioplace user information. These laws may require that you post and comply with your own privacy policy, which must be accessible to Bioplace users with whom you interact. Your privacy policy must be compatible with this policy and Bioplace’s Terms of Use, and Bioplace’s Privacy Policy.

 

In particular, when you sell using our Services (subject to this Policy) or use Bioplace’s API, you may receive and determine what to do with certain personal information, such as when communicating with users and entering into transactions with buyers. This means you process personal information (for example, buyer name, email address, and delivery address) and, to the extent you do so, under EU law, you are an independent controller of data relating to other users that you may have obtained through the Services. For more information on the General Data Protection Regulation, see more resources at https://gdpr-info.eu and http://gdprandyou.ie. As a data controller (that is someone who decides what personal data is collected and the purpose you’ll use the data for) to the extent that you process user personal information outside of the Services, you may be required under applicable data protection and privacy laws to honour requests received from such users for data access, portability, correction, deletion, and objections to processing. Also, if you disclose personal information without the buyer’s proper consent, you are responsible for that unauthorised disclosure. This includes, for example, disclosures you make or unintentional data breaches. For example, you may receive a buyer’s email address or other information as a result of entering into a transaction with that buyer. This information may only be used for Bioplace-related communications or for Bioplace-facilitated transactions. You may not use this information for unsolicited commercial messages or unauthorised transactions. Without the buyer’s consent, and subject to other applicable Bioplace policies and laws, you may not add any Bioplace member to your email or physical mailing list, use that buyer’s identity for marketing, or obtain or retain any payment information. Please bear in mind that you’re responsible for knowing the standard of consent required in any given instance. If Bioplace and you are found to be joint data controllers of personal information, and if Bioplace is sued, fined, or otherwise incurs expenses because of something that you did in your capacity as a joint data controller of buyer personal information, you agree to indemnify, defend and hold Bioplace (and its employees, agents, consultants, subsidiaries, partners, affiliates, and licensors) harmless against any claims, costs, losses, damages, liabilities, judgements and expenses (including reasonable lawyer fees) in connection with your processing of buyer personal information.

For more information, please see our Privacy Policy.

 

C. Communication Standards

I. Messages

With Bioplace’s “Messages”, you have the ability to communicate directly with your buyers or other Bioplace members. Messages are a great way for buyers to ask you questions about an item or an order.

Messages may not be used for the following activities:

Interference

Interference occurs when a member intentionally interferes with another member’s shop in order to drive away their business. Interference is strictly prohibited on Bioplace. Examples of interference include:

Harassment and Discrimination

Any use of Messages to harass other members is strictly prohibited. Similarly, Messages may not be used to support or glorify hatred or otherwise violate our Anti-Discrimination Policy. If you receive a Message that violates this policy, please let us know right away.

II. Forums and Teams

Forums and Teams are public spaces provided by Bioplace where sellers can connect, but there are communication standards that must be followed. More information can be found in the Bioplace Community Policy.

 

III. Communicating Cancellations

If you are unable to complete a transaction, you must notify the buyer via Messages and cancel the transaction. If the buyer has already submitted payment, you must issue a full refund. You are encouraged to keep proof of any refunds in the event a dispute arises. All cancellations are subject to our Cancellation Policy.

 

European Union Right of Withdrawal

Buyers in the European Union (EU), and in parallel buyers in the UK, may be entitled to a 14-day “right of withdrawal” after receiving an item, during which they may return an item for any or no reason. The details of this right vary by EU member state or in the UK. The right of withdrawal may not apply to certain items like custom items or perishable goods. Rights with respect to digital items vary by EU member state or in the UK. Read more about the EU and UK Right of Withdrawal in this Help article.

Please be aware that in addition to this policy, each country has its own laws surrounding delivery, cancellations, returns and exchanges. Please familiarise yourself with the laws of your own country and those of your buyers’ countries.

Sellers may still cancel an order and work toward a resolution with a buyer as they see fit for policies applied to their shops, such as the digital items policy.

3 – Feedback, Cases and Your Success

A. Reviews

Reviews are a great way for you to build a reputation on Bioplace. Buyers can leave a review, including a one to five star rating, a recommend/not recommend shop sign and a photograph or video of their purchase, within 60 days from the earlier date of their item being delivered (where the delivery company’s delivery record is available) or their item’s max estimated delivery date. If an estimated delivery date is not available, the review window opens after the order’s processing time and delivery time have elapsed. Buyers of digital items can leave a review for 60 days from the first time they download the item or within 6 months of purchase (whichever happens first). Buyers can edit their review, including the photograph or video, any number of times during that 60 day period.

On the rare occasion you receive an unfavourable review, you can reach out to the buyer or leave a response.

In addition to our rules for Creating and Uploading Content in Section 2a, reviews and your response to reviews may not:

B. Bioplace’s Case System

The Case system is how a buyer notifies Bioplace of an order issue or dispute that they’re unable to resolve with a seller, in order for Bioplace to help them reach a resolution. Buyers must contact sellers directly via the Help with Order link and attempt to resolve any outstanding issues before opening a case on Bioplace. For this reason, it is important that you fill out your shop policies and regularly respond to Messages from your buyers. Once a buyer contacts you to notify you of a problem with an order, you will have 2-working days to resolve the issue. If the issue is unresolved in this time frame, a case may be opened by the buyer. Once a case has been opened, Bioplace will assist in the resolution of the case between the buyer and seller. This may include, but is not limited to, automatically closing the case and issuing a refund to the buyer, or reviewing the case further to help the buyer and seller resolve it as quickly as possible.

Bioplace reserves the right to resolve an order issue before the 2-working days window for circumstances including, but not limited to, seller inactivity, harassment, refusal of service, manipulation, and undermining the integrity of the case system.

Buyers may file a case for items that never arrive, arrive late or, arrive damaged, or do not match the listing description as part of Bioplace’s Purchase Protection Programme (for more information on case eligibility, click here. Bioplace may request your assistance in resolving a case opened against your shop. By using Bioplace’s case system, you understand that Bioplace may use your personal information for the purpose of resolving disputes with other members. For more information on our privacy policy, click here.

 

C. Bioplace’s Purchase Protection Programme for Sellers

For certain cases, sellers are protected by Bioplace’s Purchase Protection Programme. If the case falls outside of Bioplace’s Purchase Protection Programme for Sellers, unless otherwise required by law, you will be required to refund the order, including original postage and return postage. Bioplace reserves the right to issue a refund to the buyer and recoup funds from your account.

 

D. Your Seller Account and Bioplace’s Terms

In order to keep Bioplace safe and improve our Services, we may take actions that limit the visibility of your shop, listings or ads, or that impact your payment account. In the event a shop sees unusual order activity, you do not meet our minimum customer service standards or we otherwise believe that your actions or shop may result in buyer disputes, chargebacks, increased risk of fraud, counterfeiting, or other claims, Bioplace may take actions such as limiting visibility of your account or listings, placing restrictions or reserves on your payments account, or suspending your Bioplace account, in accordance with our Terms of Use, including this Policy and our Bioplace Payments Policy. When appropriate and permitted by law, Bioplace will communicate information to the affected seller about the issue.

In addition, we may limit the visibility of listings or ads in the interest of keeping Bioplace safe, and improving our Services. For example, listings or ads may have decreased visibility because they include terms that represent a prohibited item or based on third party policies. These listings or ads may also be restricted from appearing in one or more features of the Services. While these listings or ads may have limited visibility, they are still discoverable in search.

Bioplace may make changes to onboarding or authentication processes for sellers at our sole discretion. Completion of these processes may be required for seller account activation or continued access and usage.

If Bioplace has reason to believe you, Your Content, or your use of the Services violate our Terms, including this Seller Policy, we may deactivate Your Content to some or all users, or suspend or terminate your account (and any accounts Bioplace determines are related to your account) and your access to the Services. Sellers in the European Union can see more information here. Generally, Bioplace will notify you that Your Content or account has been suspended or terminated, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

TERMS OF USE

Welcome to Bioplace. We’re so glad you’re here. Make yourself comfortable and have a good time, but please follow our house rules.

By agreeing to the Terms, you and Bioplace agree to submit any disputes between us exclusively to individual arbitration and not to sue in court, except in the limited circumstances described below.

1 – Accepting These Terms

This document and the other documents that we reference below make up our house rules, or what we officially call our Terms of Use (the “Terms” for short).

The Terms are a legally binding contract between you and Bioplace.

If you are a buyer on Bioplace, the Bioplace entity acting as merchant of record may vary depending on the currency and location of your payment instrument.

 

2 – Those Other Documents We Mentioned

Bioplace’s Services connect people around Europe, both online and offline, to produce, sell, and buy agroforestry goods. Here’s a handy guide to help you understand the specific rules that are relevant for you, depending on how you use the Services:

Our House Rules for Everyone. If you use any of our Services, you agree to these Terms, our Privacy Policy, and our Anti-Discrimination Policy.

Our House Rules for Sellers. If you list any items for sale through our Services, these policies apply to you. You can read them here.

Our House Rules for Buyers. If you use our Services to browse or shop, these policies apply to you. You can read them here.

Our House Rules for Third Parties. These policies apply to intellectual property ownersBioplace API usersaffiliates, and anyone requesting information from Bioplace.

Search, Advertising and Recommendation Ranking Disclosures. This is a concise summary of how Bioplace organises search results and advertising results that could include Your Content.

All of these policies are a part of our Terms, so be sure to read the ones that are relevant for you. Of course, you’ll still want to read the rest of this document because it applies to everyone!

 

3 – Your Privacy

We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is collected, used and shared when you use our Services. By using our Services, you’re also agreeing that we can process your information in the ways set out in the Privacy Policy, so please read it here.

Both Bioplace and sellers process members’ personal information (for example, buyer name, email address, and delivery address) and are therefore considered separate and independent data controllers of buyers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Bioplace, will be responsible for that unauthorised disclosure.  

If, however, you (as a seller) and Bioplace are found to be joint data controllers of buyers’ personal information, and if Bioplace is sued, fined, or otherwise incurs expenses because of something that you did (or failed to do) as a joint data controller of buyer personal information, then you agree to defend and indemnify Bioplace in accordance with Section 9 below.

 

4 – Your Account with Bioplace

You’ll need to create an account with Bioplace to use some of our Services. Here are a few rules about accounts with Bioplace:

5 – Your Content

Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).

6 – Your Use of Our Services

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services – subject to the Terms and the following restrictions in particular:

7 – Termination

Termination By You. We’d hate to see you go, but you may terminate your account with Bioplace at any time from your account settings. You can find more information in this Help article. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Oh, and you’ll still have to pay any outstanding bills.

Termination By Bioplace. We may terminate or suspend your account (and any accounts Bioplace determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Generally, Bioplace will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

If you or Bioplace terminate your account, you may lose any information associated with your account, including Your Content.

We May Discontinue the Services Bioplace reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in Bioplace’s policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

8 – Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)

Items You Purchase. You understand that Bioplace does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplace are produced, listed, and sold directly by independent sellers, so Bioplace can’t and does not make any warranties about their quality, safety, authenticity, or their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Bioplace from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused environmental or physical injury (like product liability claims). Bioplace will take care that products announced in the marketplace comply with our values and sustainability standards, but we cannot guarantee its full correspondence. Perfection does not exist.

Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Bioplace is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services other than to meet certain compliance and legal obligations, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgement in all interactions with others, especially if you are meeting someone in person. This Help article has some good advice about handling in-person meetings.

Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter/X and LinkedIn). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Bioplace is not a party to those agreements; they are solely between you and the third party.

Promotions. Bioplace special offers or promotions are managed by Bioplace in its sole discretion and redemption of and participation in such offers or promotions are subject to Bioplace’s sole discretion. Bioplace is not responsible for special offers or promotions provided by sellers.

WARRANTIES. BIOPLACE IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER BIOPLACE (NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, PARTNERS, OR AFFILIATES) SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS.

9 – Indemnification (and What Happens If You Get Us Sued)

We hope this never happens, but if Bioplace gets sued or receives a claim, notice, inquiry or demand because of something that you did (or failed to do), you agree to defend and indemnify us. That means, without limitation, you’ll defend, reimburse, compensate, and hold Bioplace (including any of our employees, officers, directors, agents, subsidiaries, and affiliates) harmless from any allegation, claim, demand, lawsuit, loss, liability, or expense of any kind (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, items you buy or sell through the Services, and/or your actual or alleged violation of any law or any third party’s rights. We reserve the right to handle our legal defence however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

 

10 – Disputes with Other Users

If you find yourself in a dispute with another user of Bioplace’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. In most cases, disputes are solved with a bit of flexibility and comprehension and don’t forget that sometimes is the best opportunity to make a client loyal or a preferred seller when solved equitably.

Case System. Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may participate in our case system with a registered account. You can find details about the case system in this Help article. In our sole discretion, Bioplace will attempt to help you resolve disputes in good faith, but we will not make judgements or determinations regarding legal issues or claims. Bioplace has no obligation to resolve, or to assist in resolving, any disputes.

Release of Bioplace. You release Bioplace from any claims, demands, and damages arising out of disputes with other users or third parties.

 

11 – Dispute Resolution

This Section 12 applies if your country of principal residence or establishment is within Europe (including the European Economic Area, Switzerland, and the United Kingdom). Because your contract is with Bioplace, we each agree that the Terms and any disputes between us will be exclusively governed by Spanish law, and exclusively decided in the courts of Barcelona, Spain, except to the extent prohibited by law. If you are an individual consumer, you may be entitled to invoke the mandatory consumer protection laws of your country of residence, and/or to bring legal proceedings in the courts of that country. If Bioplace needs to enforce its rights against you as an individual consumer, we will do so only in your country of residence. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

If a dispute arises between you and Bioplace, we encourage you to contact Bioplace Support to seek a resolution. For EU sellers, Bioplace provides a complaint-handling system that is available free of charge and easily accessible. Information about the Platform-to-Business (“P2B”) Regulation is here, including information about how we handle complaints. You may raise a concern or complaint related to P2B here. You or Bioplace also may refer qualifying disputes to mediation before the Centre for Effective Dispute Resolution or resolution through the European Commission’s online dispute resolution platform.

 

12 – Changes to the Terms

We may update these Terms from time to time, including by adding entirely new terms and deleting existing terms. If the changes are material, we’ll let you know in advance by posting the changes through the Services and/or sending you an email or message about the changes. Your use of the Services after the effective date of the changes constitutes your acceptance of the updated Terms. If you do not agree with the changes, you may close your account.

 

13 – Some Finer Legal Points

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Bioplace regarding the Services. If any part of the Terms is found to be invalid or unenforceable, that part will be limited to the minimum extent necessary and severed so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

 

14 – Contact Information

If you have any questions about the Terms, please email us at legal@Bioplace.biz.

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