Terms of Use for wholesale Suppliers/Merchants (Partners)
Terminology
«Company» means the company under the brand name “Findasupplier O.E.”, a Greek General Partnership company based in Varkiza, Vari, 16672, Attica at 13 Kyvelis Street, Tax Identification Number: 802412735 / Tax Office of Glyfada and General Commercial Register (G.E.MI.) no. 175903201000.
«Service» means the service of displaying on the Website of the wholesale supplier/merchant businesses as well as (in cases) of their products. The said service, provided by the Company, aims to facilitate the discovery of those wholesale supplier/merchant businesses partnering with the Company by the end users of the Company’s website, and via the Company’s website and foster cooperation between them, ultimately leading to the purchase and sale of the products of the partnering wholesale suppliers/merchants to the said end users. This is made possible through the utilization of the Company's services and its website, with the final transaction/sale-purchase between the wholesale supplier/merchant businesses and the users of the Company’s Website occurring as those users are redirected from the Company’s website to the above wholesale supplier/merchant businesses website.
«Partner» means the wholesale supplier/merchant business (contracting party hereto), which wishes to promote and offer its products through the Company's Website and Service, to companies, legal entities or sole proprietorships for purposes related to commercial or business of activity.
«Website» means the website maintained by the Company at the web address https://www.findasupplier.com along with its complete content, through which the Partners are found by the end users of the Website and in short, the purchasing and selling of the Partner’s products by the users of the Company's Services and the Website is facilitated.
«Payment Services Institutions» means the companies with which the Company cooperates for the payment of members' subscriptions, and in particular Stripe Inc. and PayPal S.à r.l. et Cie, S.C.A.
«Member’s Subscription Cost» means the fee paid by the recipient of the Company’s Service (Partner) for access and use of that Service, the amount of which is specified below.
«Subscription Period» means the duration of the right to access and use the Company's Service, which is agreed for a period of one (1) month, six (6) months and one (1) year (365 days), which includes including any periods of temporary interruption of the Service by any party and for any reason. The Subscription Period begins on the date of payment of the Member's Subscription Cost and will be automatically renewed each time upon its expiration, for a corresponding period of time, unless the recipient of the Service declares, no later than the day on which access to the Service expires, that does not wish to renew it.
«Products» means the items made available for viewing by the Partner through the Website.
«Partner Privileged Display Service (Advertising)» means the Company's service, which concerns specific Partners that appear on the Website, by virtue of which the Partner is provided with the possibility of displaying themselves with a special distinctive indication or/and higher in the general classification, upon payment by the Partner of an additional fee.
«User» means any business/person who visits and browses the Website (regardless of whether he becomes a member later) aiming to “find a supplier” through it.
Article 1
Service Object
The Company holds sole legal ownership of the Website, which offers Users access to information about its Partners and in some occasions their Products available for sale by the Partners showcased on the Website. This is facilitated through their websites on the Internet. The Website displays those Partners and under some conditions organizes and presents their Products by category, aiming to provide Users with a simpler method to locate what they desire and need.
In accordance with the terms and conditions outlined in this agreement and upon timely payment of the Subscription Cost, the Company hereby provides to the Partner, and the Partner duly accepts, a restricted, non-exclusive, non-transferable, and non-assignable right to access and utilize its Services, specifically the Company's database accessible through the Website, exclusively during the Subscription Period.
The Company retains the authority to curate the Products of its Partners that are showcased on its Website from the collection provided by the Partner, with the prerogative to omit the display of Products that, at its sole discretion, do not align with the types of products typically featured on the Website or are deemed illegal, indecent, or offensive. Nonetheless, the Partner agrees and authorizes the display/promotion of their business and/or a selection of Products intended for sale from their store, as presented on the Website.
The Partner holds exclusive accountability for providing accurate and precise descriptions and specifications of Products which might be displayed on the Website. The Company disclaims any responsibility for discrepancies in Products resulting from lack of notification by the Partner or common display errors attributable to the Partner. Additionally, the Partner must ensure timely communication with the Company regarding the availability of Products intended for display on the Website (meaning products that are entirely withdrawn from their businesses), so that any display of Products on the Website is not misguiding to the User.
The Partner's business description and details must be adequately comprehensive to facilitate proper evaluation by the User.
The Company, through the Website operates as a database for the display of collaborating commercial companies and their Products aiming at connecting the third-party stores/businesses that co-operate with the Company and which are hosted on the Website and are being asked to invoice their Products to the end users (hereinafter referred to, for brevity, as the “Partner”) and the users of this website (natural or legal persons) and the communication between them with the scope of potential commercial collaboration or one-off transaction between them. Following the mentioned procedure, the Company is promoting a membership system. This system is explained thoroughly below (article 3).
The company does not engage in, nor bear responsibility for any issues that may arise from order submission, through delivery and thereafter, including cancellations and Product returns. However, the Company offers Users a complaint reporting system (without, however, assuming any contractual involvement in the respective order) which may, in certain instances, forward complaints to Partners. In other cases, the Company may reprimand the Partner or impose sanctions. In situations where numerous users lodge complaints against the same Partner, the company reserves the right to suspend or even permanently block that specific Partner.
Participation in the Website through the display of the businesses of our Partners and therefore the use of the Services provided by the Company, presupposes full acceptance of the Terms of Use, which function in addition to and are an integral part of this contract.
Article 2
Service provided to the Partners (display) – Conditions of use of this Service by Partners
Considering that the Company displays basic information about the Partner on the Website for the Users’ reference and in particular the address, the landline telephone which has been declared by the Partner, the Tax Identification Number (T.I.N) as well as the General Business Register Number, the Partner must inform the Company regarding the corporate and tax details of his business as well as any modifications or updates thereof. Refusal to provide the Company with this information or providing incorrect information may result in the suspension of this Partner’s display/promotion on the Website.
In the event of any change in either (a) basic details of the Partner, in particular the address of their registered office or any branch, their contact telephone number, their email address, their company details (indicatively: conversion of a natural person into a legal person, change of corporate form of a legal person, change of shareholding or corporate composition of a legal person, transfer of a business, change of legal representative of a legal person or its tax information (T.I.N) or (b) in general, information that may affect the financial behavior of the User, the Partner is obliged to inform the Company immediately and by any convenient means, in order for it to be able to make the required corrections to the Website, on which some or all of the above information is displayed.
Furthermore, to prevent misleading users, in situations where the partner advertises its Products -alongside its business- it is required (from the Partner) to ensure the accuracy and truthfulness of this pertinent information, by notifying the Company of any possible such change in order to carry out the above changes, on the Website, as soon as possible and in any case within forty-eight (48) hours after the Partner became aware of the new information which he must correct according to the above. In the event of failure by the Partner to update the information in accordance with the above or provide inaccurate information, the Company reserves the right to terminate this agreement without compensation, to prohibit this partner from utilizing its services, and consequently, to discontinue displaying the specific partner on the Website.
The Partner may indicate possible errors in the display of its business and/or its Products, through a relevant correction request to the Company, by sending an email or filling in the corresponding contact form found on the Website. The Company, after the receipt or the registering of the above correction request and after checking the correctness of the notification, will make the requested corrections within a reasonable period of time while informing the Partner about their completion. Upon the receipt or the registration of the aforementioned correction request and after verifying the accuracy of the notification, the Company will promptly make the requested corrections and inform the Partner upon their completion. Accordingly, the Company reserves the right to check the correctness of the information provided by the Partner, in order to provide the Users with the correct information and to avoid errors that may mislead the User. For this purpose, the Company reserves the right to temporarily and/or permanently conceal the data of the business and/or the Products of this Partner until the required information is corrected or added.
Article 3
Memberships
As mentioned above, the Company is using a membership system. This system allows both Users and Partners to register on the website and enjoy benefits (a tool useful and important mostly for our Partners). Partners, in particular, can avail themselves of special offers and discounts, enhance their profiles beyond basic information display, and even organize promotional activities. Users, on the other hand, by registering as a member, can gain access to detailed information about the Partners and also have the option to create and maintain a "Wishlist" featuring their preferred Partners’ businesses.
The responsibility for receiving orders from users and/or delivering them through a courier company does not lie with the company. Each Partner receives and accepts orders by directly communicating with the User and is solely responsible to invoice the User and deliver the ordered Products to the User. In any case, the Partner is required to provide an appropriate invoice for each order, while the company exclusively invoices the Partners for their selected membership.
The Company is offering three main membership plans to its Partners. Those membership plans are as follows:
1) The one (1) month membership plan, which has one (1) month duration. 2) The six (6) month membership plan, which has six (6) months duration. 3) The yearly membership plan, which has a whole calendar year/365days duration.Please note that the Partner is not able to use the Company’s Service and display its business through the Website, without selecting a membership plan and thus being a member. The prices shown on the Website include VAT, where it applies.
The price of each membership plan will be displayed in the “Register Supplier” field & on “FAQs” page on the Website. The Company reserves the right to modify or update the membership subscription prices and states that all the prices on the Website are accurate, but errors may always occur. If the Company discovers any error on any price of a membership plan, it will notify the Partner as soon as possible and try to find a solution in order short this unlikely incident accordingly. As prices may change anytime, all registered Partners will be informed of any such change in the pricing. Any such changes may not affect memberships which are already active.
The Company uses payment services institutions for the payment of each membership plan. More specifically it collaborates with Stripe and PayPal. All Partners must create an account with those payment institutions before purchasing any membership package. After selecting a membership plan, the Partner will be redirected to Stripe’s or PayPal’s website. There the Partner will have to follow the instructions found there and then it will be redirected back at the Website and complete the payment.
The Company offers special discounts to loyal (renewing) members. Discounts on membership plans will be exclusively granted and retained by Partners who renew their memberships. Members who discontinue or do not renew their membership will lose any previously granted discounts along with their membership privileges.
The Recipient can manage their active member subscriptions from the respective “Billing & Payment” field, and from the moment of activation of their membership subscription and at any other time until the end of the Subscription Period the Recipient has the possibility to disable the automatic renewal of the Marketplace Service without any notice to the Company.
Article 4
Duration of the agreement and Termination of the agreement
The Service provided by the Company, as specified in this contract, is agreed upon for an indefinite period.
The Company may terminate this agreement on just and proper grounds by means of a written notice notified to the Partner by any appropriate means in the following cases:
a) if required by law or by a court decision or regulative provision,
b) in the event of a breach by the Partner of the terms of this contract, which are agreed upon in their entirety,
c) if the Partner is declared bankrupt or in another equivalent procedure, placed under compulsory administration or liquidation, its operating license is terminated or revoked or enforcement actions are taken against all or a significant part of its assets,
d) in the event of a breach by the Partner of the currently applicable legislative and regulatory framework concerning the operation of its business, especially European and Greek e-commerce legislation including consumer protection law, Regulation 2019/1150 as well as the E-Commerce Code of Conduct. The Company's termination on just and proper grounds produces its legal effects immediately from its notification to the Partner.
The Partner may terminate this agreement at any time by written notice notified to the Company. The results of the termination come from the day after notification of the termination to the Company and on the condition that the Partner will have fulfilled all of his contractual obligations until the termination and there are no other outstanding obligations and/or debts to the Company.
The Company reserves the right to cease permanently providing its Services and promoting the Partner on the Website in cases where a period of thirty (30) calendar days has passed during which:
a) the Partner's business display on the Website has been deactivated by either the Partner's initiative or by the Company due to a violation of the terms herein, and the Partner has failed to rectify the respective violations within the aforementioned time period or
b) the Partner fails to keep the Company informed about the availability or the accuracy of the Products displayed on the Website, in cases where this (the Product display) takes place.
If the Partner cancels their subscription for Website access and use of the Company's Services, or if this agreement is terminated, or if there's a temporary suspension or interruption of the Company's Services, initiated by either the Partner or the Company for any reason, the Partner is not eligible for a refund of the member’s subscription fee paid, corresponding to the remaining time period during which they won't have access to the Website or use the Company's Services.
Upon termination of this agreement by any means, both the Company and the Partner are obligated to settle and fulfill each other's demands within ten (10) days. Following termination of this agreement, neither the Company nor the Partner may assert any claims, except for those claims that have already arisen prior to the termination date or those whose cause arose before termination and persist thereafter.
Article 5
Financial Terms
Payment of Subscription Fees
To use the Company's Services, the Partner must pay the Company the "Subscription Cost" for their display on the Website. The Subscription Cost is paid through the cooperating Payment Services Institutions. Subscriptions are automatically renewed without any action required from the Partner. The Partner can cancel the automatic renewal through the “Members” field on the Website. In case of late payment of the Subscription Cost by the Partner, the Company is entitled to stop providing its Service to the Partner, with the Partner being at risk of losing any benefits it had acquired through its continuous subscription.
As cited above, the Company is offering three main membership plans:
a) The one (1) month membership plan, which has one (1) month duration.
b) The six (6) month membership plan, which has six (6) months duration.
c) The yearly membership plan, which has a whole calendar year/365days duration.
Prices List
Prices may change anytime; however, all registered Partners will be informed of any change in the pricing and any changes may not affect memberships which are already active. Also, every Partner can find an archive with all their orders and the Users they have previously interacted with, which are available in the “Billing & Payments” field.
For the provision of the Company's Service, as described herein, the Company issues a relevant tax document.
Reward Program – Display Promotion
Various benefits and discounts on membership plans will be exclusively granted and retained by Partners who renew their memberships. Members who do not renew will lose any previously granted discounts along with their membership privileges.
The above benefits and discounts will be applied from the day they are granted to the Partner and until he loses his Membership for any reason. The Company reserves the right to cancel or unilaterally modify the terms and conditions of the above discount and benefits.
In the event of a violation of any term of this contract by the Partner, the Company reserves the right to temporarily or permanently suspend the provision of the discounts or/and benefits provided for in this article to all of the Partners.
The display order of the partner stores on our Website/App is determined by the so-called "live algorithm". The final display position of a Partner is subject to a combination of a wide variety of factors, with the most important factors being the distance of the store from the User's location, the rating of the quality of its Products by Users and especially if it has made use of the Company's additional service for their privileged display on the Website. In addition to the above, Users of the Website have the ability to use filters when browsing the Website to find Affiliates, which are understood to affect the ranking of Affiliates. Finally, it should be noted that as all factors are constantly changing, so is the way the Partners are displayed on the Website.
Article 6
Obligations and Liability of Parties
The Partner is solely responsible for preparing (collecting and packaging) each order with its Products for shipment to the User and for informing the User or recipient that the order is ready for shipment and providing the receipt date. The Recipient bears full responsibility towards the User for the fulfillment of each order.
The Partner is solely responsible for the execution of each order, including issues such as defective or incomplete Products, non-delivery or incorrect delivery, delayed delivery, errors in the Product or price, and loss or destruction of the Product before the scheduled delivery to the User. The Company bears no responsibility towards the User or obligation to compensate him, due to cancellation or rejection or non-acceptance of the orders by the Partner. The Company does not mediate in any case between the Partner and the User, when drawing up the sales contract between them, but is simply limited to displaying the Partner on the Website and thus in the event of any dispute arising between the Partner and the User, the Partner shall indemnify and release the Company from any and all liabilities, burdens, losses, claims, and expenses, including legal fees and/or costs, arising from or related directly or indirectly to the Products and the successful completion of their delivery.
The Partner expressly declares that they are responsible for the condition and quality of their Products (including any photos they have posted on the Website). They are also responsible for issuing from the competent authorities and maintaining in force all licenses or approvals or certifications required by law for their operation, as well as for ensuring that the Products they sell are legal and comply with all conditions of the law.
The Company cannot check and control if a Product is fake or a replica. If it comes to the Company’s attention that a Partner is selling such products, its account will be permanently removed from the Website. That Partner will not be eligible for any refund.
In the event of a malfunction or temporary non-operation of the Company's systems and network, the Company bears no responsibility for the restoration of any potential positive or cumulative damage suffered by the Recipient as a result of this.
If the Company's network experiences a malfunction leading to the incorrect display of the Partner’s information on the Website, it is understood that the Company has the right, in order to prevent misleading Users, to inform the Partners via any appropriate means and temporarily suspend the display of their information and/or Products, until the malfunction is repaired. In such a case, the Company bears no responsibility for the restoration of any positive or cumulative damage of the Partner, for the entire period of time that the Company's Service is not provided to that Partner.
Article 7
Partner Declarations and Warranties
The Partner warrants and declares that it is the legal owner or otherwise legally has the right to exploit and use every brand, logo, content, title, trademark and every generally distinctive feature and element that it displays through the Website. The Partner hereby grants the right to use them free of charge to the Company exclusively and solely for the provision of the Service. The Partner further grants a non-exclusive, perpetual and royalty-free license to the Company to exploit the information and photographs provided (free of charge) for as long as the Partner uses the Company's Service. During this period, the Partner retains full intellectual property rights over their content.
The use of the trademark or any other distinguishing feature of the Company is not permitted for any reason without the prior written consent of the Company.
The Partner acknowledges and accepts that during the provision of the aforementioned Service, they are obliged, by way of example and not limitation:
a) Refrain from any action or inaction that could mislead the User about the nature of their business or the Products displayed on the Website. For instance, the Partner must avoid providing the Company with information for display on the Website about used products, defective products, counterfeit products, or products with uncertain availability or that are out of stock.
b) Refrain from providing information in a manner or format that could potentially mislead the User and influence their financial behavior.
c) Refrain from implementing practices capable of causing conditions of unfair competition in the commercial activity of other users of the Service provided by the Company.
d) Refrain from engaging in activities that could cause damage or malfunctions to the network, such as mass messaging, spamming etc.
e) Ensure compliance with applicable personal data protection laws when collecting and aggregating personal data related to the Users or members of the Website.
f) Generally, comply with all applicable laws of Greece and the European Union related to its business and its commercial activity.
The Partner expressly agrees that it will not assign or transfer any of its contractual obligations, in whole or in part, to any third party, whether natural or legal, without the prior written consent of the Company.
If the Company becomes aware of any violation of the terms outlined in this article, it is agreed that the Company has the right to promptly suspend the Service provided to the Partner by sending written notice, communicated through any convenient means. This suspension can be temporary, with a minimum suspension period of twenty-four (24) hours and until the Partner’s compliance with the terms stated herein, they will remain subject to potential removal from the list of businesses displayed through the Website, without any compensation from the Company, in such an event of non-compliance with the terms herein and/or in the event of repeated failure to comply with these terms and individual agreements.
However, depending on the severity and type of violation, the Company is considering any permanent deactivation of the Partner's account, without first temporarily deactivating it.
Article 8
Reviews – Ratings
The Company operates a rating system on the Website. As a result, the Partner acknowledges that the Website may feature both positive and negative reviews for a Partner’s business or maybe its Products displayed on the Website, or even its services relating to the execution of an order, submitted by any User who interacts with the Partner and is a registered with the Company via the Website.
Users can only rate Partner(s) from which they purchased Product(s). It is pointed out that the ratings are subjective and in no case do they express the Company’s position on the reviewed Partner, whether they are positive or negative.
The Partner may respond to the negative evaluations, so that any comments on them are displayed on the Website. The Partner acknowledges that the Company reserves the absolute right to delete any response from the Partner to negative evaluations, either partially or entirely, at its discretion. This may occur if the response contains illegal content, is offensive, inappropriate, or includes abusive material, among other reasons. The Partner will be informed of any possible deletion of his response, as well as the reason for such deletion.
In the event that a particular Partner repeatedly receives negative reviews that are related to the Partner's display on the Website, the Company reserves the right to suspend or permanently delete that specific Partner from the list of Partners displayed through the Website.
For the assurance of the validity and reliability of the evaluations:
In the above framework, each Partner collaborating with the Company accepts that in the context of business ethics they will not take advantage of the ratings option provided by the Company by posting positive or negative ratings through third parties connected in any way to them (family, friends, staff). If any such action is found and confirmed, the Company reserves the right to block the account of the particular Partner, delete all such abusive ratings and take all necessary measures for the compliance of the Partner that violates these terms.
It is expressly agreed that the management of all evaluations published on the Website, negative and/or positive, belongs exclusively to the Company. Therefore, it goes without saying that the Company may, at its absolute discretion, delete any evaluation if it deems necessary. All Ratings and responses must adhere to informal internet etiquette.
Please note that reviews may contain translations from Google and other third-party websites. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy and reliability, as well as any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Article 9
Dispute Resolution Center/Complaint Management System
The Company makes available to the Partner, through the Website, a complaint management system for any issues arising from technical issues directly related to the provision of the Company's Services, which affect the Recipient and which the Company has not realized, the way of the Company's operation that are directly related to the provision of the Services and which affect the Partner.
To that end and for all the above reasons, the Company has established a field that provides all Partners with the ability of filing a complaint with the Company, directly on the platform, via our “Dispute Resolution Center”, a mechanism for reporting and then handling internal complaints/requests, which is easily accessible and free of charge.
If any Partner has any complaints regarding the services provided by the Company, they can also communicate such a complaint to the Company by email at info@findasupplier.com. It is noted that any personal data of Users that comes to our attention for submitting complaints will be treated in accordance with our applicable Privacy Policy.
Within the internal complaint handling system, the Company meticulously assesses the complaints received in line with the aforementioned guidelines. It provides necessary follow-up actions to address the raised issues promptly and efficiently, considering their significance and complexity. Ultimately, the Recipient is informed of the outcome of the internal complaint handling process in a personalized manner, using clear and comprehensible language.
Article 10
Confidentiality – Secrecy
The Partner commits to maintaining absolute confidentiality and secrecy regarding all confidential information of the Company. Specifically, the Partner commits, is obligated and guarantees to strictly safeguard any confidential information he receives or becomes aware of in the course of or in connection with his cooperation with the Company, as well as not to make any announcement or publication to third parties of any element that comes to his attention in relation to this collaboration, as well as broader information specifically related to trade secrets, know-how, pricing policies, commission rates, financial activities, and other operations or organization of the Company and undertakes to impose the above obligation of confidentiality on its employees, partners, and/or employees.
Article 11
Final Provisions
This document represents the complete agreement between the contracting parties, overriding any prior oral or written agreements. Any changes to these terms will be communicated to the Partner through any suitable means and will come into effect ten (10) calendar days after the aforementioned notification.
Any provision herein that is found to be contrary to the law or invalidated shall automatically cease to be valid, without in any case affecting the validity of the other provisions.
For disputes that may arise from this, the Company will appoint, after consultation with the respective Partner, an accredited mediator suitable within the meaning of article 12 of Regulation 2019/1150 in order to investigate and seek to reach an agreement between the Company and the Partner regarding the out-of-court resolution of any disputes arising in relation to the provision of the services described herein. Otherwise, the courts of Athens are designated as competent and Greek law is applicable.
Latest Amendment
30.05.2024