Algemene voorwaarden

Last updated: 22-01-2023 

Please read these terms of service carefully before using Our Service. 

1 - Interpretation and Definitions 

1.1 - Interpretation 

The words of which the initial letter is capitalized have meanings defined under the following  conditions. The following definitions shall have the same meaning regardless of whether they  appear in the singular or in the plural. 

1.2 - Definitions 

For the purposes of these Terms of Service: 

• Account means a unique account created for You to access our Service or parts of our  Service. 
• Affiliate means an entity that controls, is controlled by, or is under common control with  a party, where "control" means ownership of 50% or more of the shares, equity interest,  or other securities entitled to vote for the election of directors or other managing  authority. 
• Application means the software program provided by the Company or Operator  downloaded by You on any electronic device, named 2BeZero.  
• Buyer refers to users of the Service who are placing Orders for Goods. Country refers to The Netherlands.  
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement)  refers to 2BeZero, Lange Muiderweg 36, Weesp, Netherlands 
• Content refers to content such as text, images, or other information that can be posted,  uploaded, linked to, or otherwise made available by You, regardless of the form of that  content. 
• Device means any device that can access the Service such as a computer, a cell  phone, or a digital tablet. 
• Feedback means feedback, innovations, or suggestions sent by You regarding the  attributes, performance, or features of our Service. 
• Good refers to the items or services offered for sale, rental, auction, contact, or any  other means of trading on the Service.
• Operator (referred to as either "the Operator", "We", "Us" or "Our" in this Agreement)  refers to 2BeZero.  
• Order means a request by You to purchase or trade by any means Goods on the  Application or Website. 
• Seller refers to users of the Service who are listing Goods and making them available  for trade by any means. 
• Service refers to the Application or the Website or both. 
• Terms of Service (also referred to as "Terms") mean these Terms of Service that form  the entire agreement between You and the Company or Operator regarding the use of  the Service. This Terms of Service agreement was generated by TermsFeed and fine tuned by Sharetribe. 
• Third-party Social Media Service means any services or content (including data,  information, products, or services) provided by a third party that may be displayed,  included, or made available by the Service. 
• Website refers to 2BeZero accessible from 2bezero.com 

You means the individual accessing or using the Service, or the company, or other legal  entity on behalf of which such individual is accessing or using the Service, as applicable.

2 - Contact Us 

If you have any questions about these Terms of Service, You can contact us: 

• By email: info@2bezero.com
• By visiting this page on our website: 2bezero.com/contact

3 - Acknowledgment 

These are the Terms of Service governing the use of this Service and the agreement that  operates between You and the Company or Operator. These Terms of Service set out the rights  and obligations of all users regarding the use of the Service. 

Your access to and use of the Service is conditioned on Your acceptance of and compliance  with these Terms of Service. These Terms of Service apply to all visitors, users, and others who  access or use the Service. 

By accessing or using the Service You agree to be bound by these Terms of Service. If You  disagree with any part of these Terms of Service then You may not access the Service. 

You represent that you are over the age of majority according to the laws of your country or the  Country, whichever is higher. The Company or Operator does not permit those under that age  to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and  compliance with the Privacy Policy of the Company or Operator. Our Privacy Policy describes  Our policies and procedures on the collection, use, and disclosure of Your personal information  when You use the Application or Website and tells You about Your privacy rights and how the  law protects You. Please read Our Privacy Policy carefully before using Our Service. 

4 - Governing Law 

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your  use of the Service. Your use of the Application or Website may also be subject to other local,  state, national, or international laws. 

4.1 - For European Union (EU) Users 

If You are a European Union consumer, you will benefit from any mandatory provisions of the  law of the country in which you are resident. 

4.2 - United States Legal Compliance 

You represent and warrant that (i) You are not located in a country that is subject to the United  States government embargo, or that has been designated by the United States government as  a "terrorist supporting" country, and (ii) You are not listed on any United States government list  of prohibited or restricted parties. 

4.3 - Severability 

If any provision of these Terms is held to be unenforceable or invalid, such provision will be  changed and interpreted to accomplish the objectives of such provision to the greatest extent  possible under applicable law and the remaining provisions will continue in full force, and effect. 

4.4 - Waiver 

Except as provided herein, the failure to exercise a right or to require the performance of an  obligation under these Terms shall not affect a party's ability to exercise such right or require  such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of  any subsequent breach.

5 - User Accounts 

5.1 - Account Creation 

When You create an account with Us, You must provide Us with information that is accurate,  complete, and current at all times. Failure to do so constitutes a breach of the Terms, which  may result in immediate termination of Your account on Our Service. 

You may not use as a username the name of another person or entity or that is not lawfully  available for use, a name or trademark that is subject to any rights of another person or entity  other than You without appropriate authorization, or a name that is otherwise offensive, vulgar  or obscene. 

5.2 - Account Information 

You may be asked to supply certain information relevant to Your Account including, without  limitation, Your name, Your email, Your phone number, and Your address. 

You may have to provide documents to comply with identity verification. 

Before or during posting Goods, you may be asked to supply, without limitation, Your bank  account details, and Your identity documents. 

Before or during placing an Order, you may be asked to supply, without limitation, Your credit  card number, the expiration date of Your credit card, Your billing address, and Your shipping  information. 

5.3 - Account Review 

Unless part of a feature of the Service, We do not perform background checks or endorse any  users. We do not accept any responsibility for the reliability, accuracy, and completeness of any  information provided by users. 

5.4 - Account Password 

You are responsible for safeguarding the password that You use to access the Service and for  any activities or actions under Your password, whether Your password is with Our Service or a  Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately  upon becoming aware of any breach of security or unauthorized use of Your account. 

5.5 - Account Termination 

We may terminate or suspend Your Account immediately, without prior notice or liability, for any  reason whatsoever, including without limitation if You breach these Terms of Service. Upon  termination, Your right to use the Service will cease immediately. 

If You wish to terminate Your Account, You may simply discontinue using the Service or delete  Your Account from the Service, or contact Us for help. 

6 - Content 

6.1 - Your Right to Post Content 

Our Service allows You to post Content. You are responsible for the Content that You post to  the Service, including its legality, reliability, and appropriateness. 

By posting Content to the Service, You grant Us the right and license to use, modify, publicly  perform, publicly display, reproduce, and distribute such Content on and through the Service.  You retain any and all of Your rights to any Content You submit, post, or display on or through  the Service and You are responsible for protecting those rights. You agree that this license  includes the right for Us to make Your Content available to other users of the Service, who may  also use Your Content subject to these Terms. 

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to  use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of  Your Content on or through the Service does not violate the privacy rights, publicity rights,  copyrights, contract rights or any other rights of any person. 

6.2 - Content Restrictions 

The Company or Company or Operator is not responsible for the content of the Service's users.  You expressly understand and agree that You are solely responsible for the Content and for all  activity that occurs under your account, whether done so by You or any third person using Your  account. 

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust,  threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such  objectionable Content include, but are not limited to, the following:

• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory, or mean-spirited content, including references or  commentary about religion, race, sexual orientation, gender, national/ethnic origin, or  other targeted groups.
• Spam, machine, or randomly–generated, constituting unauthorized or unsolicited  advertising, chain letters, any other form of unauthorized solicitation, or any form of  lottery or gambling.
• Containing or installing any viruses, worms, malware, trojan horses, or other content that  is designed or intended to disrupt, damage, or limit the functioning of any software,  hardware, or telecommunications equipment or to damage or obtain unauthorized  access to any data or other information of a third person.
• Infringing on any proprietary rights of any party, including patent, trademark, trade  secret, copyright, right of publicity, or other rights.
• Impersonating any person or entity including the Company or Operator and its  employees or representatives.
• Violating the privacy of any third person. 
  False information and features. 
  
  

The Company or Operator reserves the right, but not the obligation, to, in its sole discretion,  determine whether or not any Content is appropriate and complies with these Terms, refuse or  remove this Content. The Company or Operator further reserves the right to make formatting  and edits and change the manner of any Content. The Company or Operator can also limit or  revoke the use of the Service if You post such objectionable Content. As the Company or  Operator cannot control all content posted by users and/or third parties on the Service, you  agree to use the Service at your own risk. You understand that by using the Service You may  be exposed to content that You may find offensive, indecent, incorrect, or objectionable, and  You agree that under no circumstances will the Company or Operator be liable in any way for  any content, including any errors or omissions in any content, or any loss or damage of any kind  incurred as a result of your use of any content. 

6.3 - Content Backups 

Although regular backups of Content are performed, the Company or Operator does not  guarantee there will be no loss or corruption of data. 

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted  prior to being backed up or that changes during the time a backup is performed. 

The Company or Operator will provide support and attempt to troubleshoot any known or  discovered issues that may affect the backups of Content. But You acknowledge that the  Company or Operator has no liability related to the integrity of Content or the failure to  successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent  of the Service. 

6.4 - Intellectual Property of Others and Copyright  Infringement 

We respect the intellectual property and copyrights of others. You may be held accountable for  damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing  Your copyright. It is Our policy to respond to any claim that Content posted on the Service  infringes a copyright or other intellectual property infringement of any person. 

We are ready to comply with local regulations in that matter (Digital Millennium Copyright Act  (DMCA), EU Copyright Directive, ...). 

If You are a copyright owner or authorized on behalf of one, and You believe that the  copyrighted work has been copied in a way that constitutes copyright infringement that is taking  place through the Service, You must submit Your notice in writing to the attention of our  copyright agent via email (see 3 - Contact Us) and include in Your notice the following  information related to the alleged infringement: 

• An electronic or physical signature of the person authorized to act on behalf of the owner  of the copyright's interest.
• A description of the copyrighted work that You claim has been infringed, including the  URL (i.e., web page address) of the location where the copyrighted work exists or a copy  of the copyrighted work.
• Identification of the URL or other specific location on the Service where the material that  You claim is infringing is located.
• Your address, telephone number, and email address.
• A statement by You that You have a good faith belief that the disputed use is not  authorized by the copyright owner, its agent, or the law.
• A statement by You, made under penalty of perjury, that the above information in Your  notice is accurate and that You are the copyright owner or authorized to act on the  copyright owner's behalf. 

Upon receipt of a notification, the Company or Operator will take whatever action, in its sole  discretion, it deems appropriate, including removal of the challenged content from the Service.

7 - Orders of Goods 

By placing an Order for Goods through the Service, You warrant that You are legally capable of  entering into binding contracts.

7.1 - Position of the Service in Orders 

Our role is one of a facilitator between You and the Sellers, using the Service. We are,  therefore, a third party in Orders, which limits Our liabilities in any disputes between You and  the Sellers. 

We are not a party to any agreement You have with the Sellers. Any agreement You enter with  the Sellers does not form a part of any agreement We have with you. 

7.2 - Your Information as Buyer 

If You wish to place an Order for Goods available on the Service, You may be asked to supply  certain information relevant to Your Order including, without limitation, Your name, Your email,  Your phone number, Your credit card number, the expiration date of Your credit card, Your  billing address, and Your shipping information. 

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or  other payment method(s) in connection with any Order; and that (ii) the information You supply  to us is true, correct, and complete. 

By submitting such information, You grant us the right to provide the information to payment  processing third parties for purposes of facilitating the completion of Your Order. 

7.3 - Availability, Errors, and Inaccuracies 

We and Sellers are constantly updating Our offerings of Goods on the Service. The Goods  available on the Service may be mispriced, described inaccurately, or unavailable, and Sellers  and We may experience delays in updating information regarding the Goods on the Service and  in Our advertising on other websites. 

We and Sellers cannot and do not guarantee the accuracy or completeness of any information,  including prices, product images, specifications, availability, and services. We reserve the right  to change or update information and to correct errors, inaccuracies, or omissions at any time  without prior notice. 

7.4 - Prices Policy 

The Company or Operator and Seller reserve the right to revise their prices at any time prior to  accepting an Order. 

The prices quoted may be revised by the Company or Operator subsequent to accepting an  Order in the event of any occurrence affecting delivery caused by government action, variation 

in customs duties, increased shipping charges, higher foreign exchange costs, and any other  matter beyond the control of the Company or Operator or the Seller. In that event, You will have  the right to cancel Your Order. 

7.5 - Payments 

Payment can be made through various payment methods we have available. We rely on  payment gateways that have their own terms of service and their own limitations. 

Payment cards (credit cards or debit cards) are subject to validation checks and authorization  by Your card issuer. If we do not receive the required authorization, We will not be liable for any  delay or non-delivery of Your Order. 

7.6 - Service Fees 

We may charge You some fees (and applicable Taxes) for the right to use the Service. More  information about when service fees apply and how they are calculated is displayed during your  Order. We reserve the right to change the service fees at any time. 

7.7 - Order Modification 

You and the Sellers are responsible for any Order modifications you agree to make via the  Service and agree to pay any additional amounts, fees, or taxes associated with any Order  modification. 

7.8 - Order Cancellation 

7.8.1 - Our Order Cancellation Rights 

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but  not limited to: 

• Goods availability 
• Errors in the description or prices for Goods 
• Errors in Your Order 
• Mistakes from the Seller 

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal  transaction or trade is suspected.

7.8.2 - Order Cancellation by Buyers 

If You as a Buyer cancel an Order, the amount You paid (including the Service fees) is not  refunded. 

If something outside Your control requires You to cancel an Order, or if You think your Order  should be refunded, contact Us. 

7.8.3 - Order Cancellation by Sellers 

If You as a Seller cancel an Order, the amount the Buyer paid (including the Service fees) will  be refunded to the Buyer and will not be transferred to the Seller. 

If something outside Your control requires You to cancel an Order, or if You think your Order  should be refunded, contact Us. 

7.9 - Order Dispute 

If a Buyer or a Seller disputes an Order, the Company or Operator should be notified. The  dispute will be resolved at Our sole discretion.

8 - Disclaimer of Warranties and Limitation of  Liability 

8.1 - Limitation of Liability 

Notwithstanding any damages that You might incur, the entire liability of the Company or  Operator and any of its suppliers under any provision of this Terms and Your exclusive remedy  for all of the foregoing shall be limited to the amount actually paid by You through the Service or  100 USD (or its equivalent in the Service local currency) if You haven't purchased anything  through the Service. 

To the maximum extent permitted by applicable law, in no event shall the Company or Operator  or its suppliers be liable for any special, incidental, indirect, or consequential damages  whatsoever (including, but not limited to, damages for loss of profits, loss of data or other  information, for business interruption, for personal injury, loss of privacy arising out of or in any  way related to the use of or inability to use the Service, third-party software and/or third-party  hardware used with the Service, or otherwise in connection with any provision of this Terms),  even if the Company or Operator or any supplier has been advised of the possibility of such  damages and even if the remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for  incidental or consequential damages, which means that some of the above limitations may not  apply. In these jurisdictions, each party's liability will be limited to the greatest extent permitted  by law. 

8.2 - "AS IS" and "AS AVAILABLE" Disclaimer 

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects  without warranty of any kind. To the maximum extent permitted under applicable law, the  Company or Operator, on its own behalf and on behalf of its Affiliates and its and their  respective licensors and service providers, expressly disclaims all warranties, whether express,  implied, statutory, or otherwise, with respect to the Service, including all implied warranties of  merchantability, fitness for a particular purpose, title and non-infringement, and warranties that  may arise out of the course of dealing, performance, usage or trade practice. Without limitation  to the foregoing, the Company or Operator provides no warranty or undertaking, and makes no  representation of any kind that the Service will meet Your requirements, achieve any intended  results, be compatible or work with any other software, applications, systems, or services,  operate without interruption, meet any performance or reliability standards or be error-free or  that any errors or defects can or will be corrected. 

Without limiting the foregoing, neither the Company nor Operator nor any of the company's  providers makes any representation or warranty of any kind, express or implied: (i) as to the  operation or availability of the Service, or the information, content, and materials or products  included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy,  reliability, or currency of any information or content provided through the Service; or (iv) that the  Service, its servers, the content, or e-mails sent from or on behalf of the Company or Operator  are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful  components. 

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on  applicable statutory rights of a consumer, so some or all of the above exclusions and limitations  may not apply to You. But in such a case the exclusions and limitations set forth in this section  shall be applied to the greatest extent enforceable under applicable law. 

8.3 - Links to Other Websites 

Our Service may contain links to third-party websites or services that are not owned or  controlled by the Company or Operator. 

The Company or Operator has no control over and assumes no responsibility for, the content,  privacy policies, or practices of any third-party websites or services. You further acknowledge  and agree that the Company or Operator shall not be responsible or liable, directly or indirectly,  for any damage or loss caused or alleged to be caused by or in connection with the use of or 

reliance on any such content, goods, or services available on or through any such web sites or  services. 

We strongly advise You to read the terms of service and privacy policies of any third-party  websites or services that You visit. 

8.4 - Translation Interpretation 

These Terms of Service may have been translated if We have made them available to You on  our Service. You agree that the original English text shall prevail in the case of a dispute.

9 - Disputes Resolution about the Service 

If You have any concerns or disputes about the Service, You agree to first try to resolve the  dispute informally by contacting the Company or Operator. 

10 - Intellectual Property of the Service 

The Service and its original content (excluding Content provided by You or other users),  features, and functionality are and will remain the exclusive property of the Company or  Operator and its licensors. 

The Service is protected by copyright, trademark, and other laws of both the Country and  foreign countries. 

Our trademarks and trade dress may not be used in connection with any product or service  without the prior written consent of the Company or Operator. 

11 - Your feedback to Us 

You assign all rights, title, and interest in any Feedback You provide the Company or Operator.  If for any reason such assignment is ineffective, You agree to grant the Company or Operator a  non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use,  reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without  restriction.

12 - Changes to these Terms of Service 

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a  revision is material We will make reasonable efforts to provide at least 30 days notice prior to  any new terms taking effect. What constitutes a material change will be determined at Our sole  discretion. 

By continuing to access or use Our Service after those revisions become effective, You agree to  be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please  stop using the Application or Website and the Service.