These Terms and Conditions (hereinafter, referred to as the “Terms”) for the Website www.up-materials.com (hereinafter, referred to as “UpMaterials”, “Website”) constitute a legal agreement between the user (“you”, “your”, “user”) of UpMaterials having a principal place of business at Switzerland (hereinafter, referred to as “UpMaterials”, “us”, “we”, and “our”). By using our digital trading Website, you accept these Terms and Conditions in full, if you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use our Website/service.
Buyer means a registered Company or Charity who has been registered and approved by UpMaterials to sell, purchase or otherwise receive merchandise through the Website.
Seller means a registered Company or Charity who has been registered and approved by UpMaterials to place Materials for sale, buy or other transfer on the Website.
Goods are all items/merchandise/materials which are traded by UpMaterials.
The address you provided on registration is your Company’s or Charity’s registered office address or usual place of trading.
You have a valid and active e-mail address.
You must keep your password confidential.
You must notify us in writing immediately if you become aware of any disclosure of your password.
You are responsible for any activity on our Website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
You may cancel your account on our Website at any time. If you wish to cancel your account contact us and we will assist you. To be eligible for an individual account on our Website, you must be at least 18 years of age.
You must also be legally able to form a binding contract and authorized to do so in relationship to the materials that you are buying or selling on the Website. When using the Website, it is your responsibility to ensure that you are compliant with all local, state, federal, and international laws that apply. It is also your responsibility to ensure that all information and content that you submit is properly represented and true to the best of your knowledge. You agree to the assumption of full legal responsibility for your actions of the following: registration on the Website, bidding on the Website, listing of materials on the Website, communications with the Website, communications with other users of the Website, and any other actions or content in regards to your use of the Website. In conjunction with the above, it is also the legal responsibility of each Seller on the Website to know and understand if any listing includes a material or waste product that is classified as hazardous or could create a situation that is hazardous, and must include any and all declarations of such listing. If you are unsure of the categorization of your waste material in this regard, it is in your best interest to familiarize yourself with the applicable laws and to consult the relevant environmental agencies. It is not the responsibility of UpMaterials to make any determinations in regard to the listing of hazardous, or potentially hazardous materials or substances or the legality of such, nor is UpMaterials responsible for the legality of the selling, transportation, storage, disposal or any treatment of such.
As a Buyer and/or Seller you or the companies you employ as carriers are registered with the applicable regulators as a waste carrier. As a Buyer and/or Seller you have the appropriate environmental permits or waste management licences to handle, transport or otherwise use the material in the ways required to carry out any transaction undertaken through the Website.
As a Buyer and/or Seller you are able to, and shall, ensure that the waste Duty of Care is complied with at all times and that waste transfer notes are kept in accordance with the applicable regulations. As Buyer and/or Seller of food waste you must comply with the requirements of the EU Animal By-Products Regulations and the Animal By-Products Regulations in Switzerland wherever applicable. As a Buyer and/or Seller intending to supply food products for use as animal feed you must comply with the requirements of the EU Feed Hygiene Regulation.
If you do not fulfil these requirements then we shall have, inter alia, the right to delete your registration and prevent you from registering again in the future.
Selling and Buying
The Buyer may inspect the Goods at the arrival. The Buyer that makes the winning bid or accepts the price stated in the Website with regard to the Goods offered for sale herewith concludes a contract of sale with the Seller for those Goods and the Buyer is obliged to complete the transaction with the Seller, including but not limited to payment of the purchase price, other costs and auction commission fee for UpMaterials in accordance with the rules set out in this Terms and Conditions section.
Prices and Taxes
All Parties (Sellers, Buyers and all users of the Website) acknowledge that UpMaterials is not and will never become a party to the sale and/or purchase. UpMaterials is not and will never become owner of the Goods that are sold through the Up-Materials.com online trading platform. UpMaterials does not act as a commissionaire only enables the sale and purchase through the Up-Materials.com online trading platform.
Prices of Goods offered for sale will be displayed in either US Dollars, CHF or Euros, as preferred and selected by the Seller. If so dictated by applicable laws or accounting requirements on the part of the Seller, the Seller’s invoice may also additionally mention the amounts due by the Buyer in this required currency. The Seller shall then mention the exchange rate that he has used and the source thereof.
If VAT on the auction commission is due by the Buyer and calculated in US Dollars, UpMaterials shall also mention the VAT in Euros on its invoice. The exchange rate used will be the exchange rate that was published the latest by the European Central Bank per the invoice date and as found at the website of the European Central Bank. (www.ecb.europa.eu), below ‘statistics’, ’exchange rates’.
Registered users (sellers and buyers) are responsible for VAT and/or any other applicable Taxes, duties or similar levies (hereafter: ‘Taxes’) payable as a result of the offering, sale or purchase of Goods via the Up-Materials.com online trading platform.
The Seller offers the Goods for sale inclusive of Taxes where the Seller is required by law to pay or collect them.
The Seller warrants that he will (on-)pay the Taxes and will provide the Buyer and/or UpMaterials with proof thereof at first request and indemnify and hold the Buyer and/or UpMaterials harmless for any claims in connection herewith.
Tax such as VAT or consumption tax charged over purchased Goods and costs may be deductible on the Buyer’s VAT/tax return or refund thereof may be claimed with the relevant tax authorities. Buyers must consider themselves whether they are eligible for tax deduction or recovery.
If the Buyer is of the opinion that any of the Taxes is or shall not be due he may contact the Seller only after the sale transaction is fully completed and executed to request that the Seller’s invoice is redressed for tax purposes. The Seller is not under an obligation to comply with such request, but will exercise reasonable business practice to assist the Buyer.
The Buyer who has concluded a contract of sale with the seller, has to pay to UpMaterials a commission fee of 5% to 10% of the purchase price, according to the sector and volume bought, unless agreed upon otherwise in writing between UpMaterials and Seller, plus VAT over the commission fee if payable by law; this auction commission fee and VAT if applicable has to be paid into the payment methods mentioned or escrow account.
In case of an auction the Buyer will receive an invoice for the UpMaterials auction commission fee after the final quantity and corresponding purchase price is determined between the Buyer and the Seller. Depending on the agreement between the Seller and UpMaterials, this UpMaterials auction commission fee may either be included in the (final) invoice from the Seller to the Buyer or a separate invoice will be provided by UpMaterials.
We accept credit cards, Stripe and PayPal. The payment method is safe for both Buyer and Seller. The Buyer makes the deposit in our UpMaterials account (Stripe or PayPal). Once the merchandise has arrived at its destination and has been approved by the Buyer, the amount is then transferred to the Seller. UpMaterials has a rate of 5 to 10% maximum, depending on the sector and bought volume.
We offer also “in Escrow” transactions, Escrows are very useful in the case of a transaction where a large amount money is involved and a certain number of obligations need to be fulfilled before a payment is released. An escrow is a financial arrangement where a third party holds and regulates payment of the funds required for two parties involved in a given transaction. It helps make transactions more secure by keeping the payment in a secure escrow account which is only released when all of the terms of an agreement are met as overseen by the escrow company.
Escrow.com provides online escrow services at affordable rates. While the payment is ‘In Escrow’ the transaction can be safely carried out without risk of losing money or merchandise due to fraud. This eliminates all legal jargon and allows for secure transactions and confident Buyers and Sellers.
How does Escrow Work?
Escrow.com reduces the risk of fraud by acting as a trusted third-party that collects, holds and only disburses funds when both Buyers and Sellers are satisfied.
- Buyer and Seller agree to terms – Either the Buyer or Seller begins a transaction. After registering at Escrow.com, all parties agree to the terms of the transaction.
- Buyer pays Escrow.com – The Buyer submits a payment by approved payment method to our secure Escrow Account, Escrow.com verifies the payment, the Seller is notified that funds have been secured ‘In Escrow’.
- Seller ships merchandise to Buyer – Upon payment verification, the Seller is authorised to send the merchandise and submit tracking information. Escrow.com verifies that the Buyer receives the merchandise.
- Buyer accepts merchandise – The Buyer has a set number of days to inspect the merchandise and the option to accept or reject it. The Buyer accepts the merchandise
- Escrow.com pays the Seller – Escrow.com releases funds to the Seller from the Escrow Account.
Transaction is complete – safely and securely!
Escrow service’s Fees
The Escrow service is always paid by the one – Seller or Buyer, that chooses to activate the Escrow service. Enter your goods purchase price to calculate your escrow fee.
Video: How Does Escrow Work?
Amendments of these Terms
We reserve the right to modify or amend these Terms from time to time by sending you an email or a message in the Website. You and UpMaterials agree that the changes cannot be retroactive. If you continue using the Website following the receipt of such an email or a message, you declare that you accept those changes.
These Terms have been last amended on 7th of September 2020.