The original and only legally binding version of the General Conditions is in English. Translations of the General Conditions in other languages are only indicative.
GENERAL CONDITIONS
This Agreement sets out the terms and conditions under which Prochrom-comp d.o.o., Šobčeva cesta 12b, 424 Lesce, Slovenia (“MyWoodMarket”) offers services to a group of its clients (“Members”).
Access to and use of MyWoodMarket’s services, web site and Marketplace are subject to the terms and conditions of these general conditions (“General Conditions”).
BY USING AND ACCESSING MyWoodMarket ‘s SERVICES, WEB SITE AND MARKET, MEMBER ACCEPTS, WITHOUT LIMITATION, ALL OF THE TERMS AND CONDITIONS OF THE GENERAL CONDITIONS.
MyWoodMarket reserves the right to change these general conditions at any time. Change of these general conditions will occur by mere posting of a new and modified version of the General Conditions on MyWoodMarket ‘s web site.
By using MyWoodMarket’s services, web site and Marketplace, Member agrees in advance that each use will be subject to the then applicable version of the General Conditions.
General Conditions apply to all Members.
- Conditions of access
Access to MyWoodMarket’s services is only open to persons, businesses, companies or organisations duly registered with MyWoodMarket.
Application for registration to become Member is made by completing online registration form at the MyWoodMarket’s website (www.MyWoodMarket.com).
MyWoodMarket reserves the right to refuse any application at its sole discretion.
If MyWoodMarket accepts the application, the applicant shall upon acceptance and, if applicable, upon payment of the appropriate fee (“Subscription fee”), become Member of MyWoodMarket for the period specified by MyWoodMarket.
Services of MyWoodMarket are accessed by means of username and password provided by MyWoodMarket. MyWoodMarket will keep username and password confidential and will not make them available to third parties. Members must not disclose username and password to other persons. Username and password are personal to each Member and cannot be transferred to other Members. Members bear full and entire liability for any use that is made of their username and password, even though such use is not authorized by Member or is made without Member’s knowledge. Members undertake to indemnify MyWoodMarket for any damage resulting from any misuse or abuse of their username and password.
Members agree not to engage in any deceptive, misleading, illegal or unethical practices that may be detrimental to other Members of MyWoodMarket. Members agree to comply with all applicable laws and regulations. Members further agree not to sell, represent or promote any services that compete with the services of MyWoodMarket.
- Services provided by MyWoodMarket
- Marketplace services and the postman
MyWoodMarket provides its Members with a trading platform (“Marketplace”) on its web site http://www.MyWoodMarket.com/
In Marketplace, Members can search offers and inquiries of their interest. Access to the details of these offers and inquiries is subject to the type of membership Members are registered to. Depending on the type of membership, Members can also have the right to post inquiries and offers, send messages via Marketplace to buyers or sellers, to posting information in Marketplace, manage their own postings in Marketplace via “My postings” function and manage messages they receive or send via “My mail” function.
MyWoodMarket sends out two types of emails to its Members:
- on a regular basis: summary of new offers and inquiries(“Postman”)
- on casual basis: information regarding MyWoodMarket’s and its partner’s activities in the wood industry.
Members can unsubscribe anytime by clicking on the unsubscribe link in the e-mail or by replaying to info@MyWoodMarket.com’s e-mail.
MyWoodMarket solely provides the platform and has no control over the quality or legality of the items advertised on Marketplace or Postman (“Postings”), the truth or accuracy of Postings, the ability of sellers to sell items or the ability of buyers to pay for items. MyWoodMarket cannot ensure that a buyer or seller will actually complete a transaction and is free from any liability regarding this matter.
MyWoodMarket acts as a venue and is not involved in the actual transaction between the buyer and the seller and is therefore free form any obligation and liability regarding the actual transactions.
In the event of dispute between Members, Members agree to release MyWoodMarket (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
- Member Directory
Members are required to provide MyWoodMarket certain company information within the registration process (“Member Info”).
MyWoodMarket collects Member Info in a directory (“Member Directory”) and provides Members with search function within Member Directory.
Access to Member Directory and its functions is subject to the type of membership Member is registered to.
MyWoodMarker has no control over Member Info and subsequently can not guarantee the accuracy of Member Info.
MyWoodMarker is free of any obligation or liability regarding or connected to Member Info. Members agree to release MyWoodMarket (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Member Info.
- Market info
MyWoodMarket provides Members with information regarding industry, auction results, calendar of future auctions and price indices (“Market Info”).
MyWoodMarket has no control over the truth or accuracy of Market Info and is therefore free of any obligation or liability regarding or connected to Market Info. Members agree to release MyWoodMarket (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Market Info.
- Pricing of the membership options of MyWoodMarket
Access to the services of MyWoodMarket is subject to the type of membership Member is registered to. The details of the different types of memberships and the rights associated to each of them is available at any time on the MyWoodMarket website at the following web address: http://www.MyWoodMarket.com and is incorporated in these General Conditions.
MyWoodMarket reserves the right to change at any time the pricing of the membership (“Subscription fee”) as well as the scope of services offered within each of the membership options. These changes will be of application from the date of publication of these changes on its website.
- Privacy policy
MyWoodMarket undertakes to handle the content of any information Members may transmit through its web site with maximum care and store it as securely as possible.
Information collected on the registration form or product description forms may be used in some cases for marketing purposes, typically to transmit to the Members information that MyWoodMarket considers as being of their interest, such as offers and requests of certain wood products. Members wishing to cease to receive this information may unsubscribe by writing an email to info@MyWoodMarket.com
MyWoodMarket reserves the right to give Members who advertise within MyWoodMarket insight on Members who have seen their advertisement.
Members expressly authorize MyWoodMarket to publish the full content of the information that they enter in the MyWoodMarket web site and social media (linkedin, tweeter, facebook, instagram…).
- Disclaimer of warranties
MYWOODMARKET’S SERVICES, MARKET AND WEB SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, WARRANTIES OF MERCHANTABILITY OR WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. MYWOODMARKET IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, STATEMENT, OFFER AND REQUEST OF PRODUCTS AND SERVICES ON THE MARKET AND THE MYWOODMARKET WEB SITE. ALL ARTICLES AND MATERIALS DISPLAYED ON THE MYWOODMARKET WEB SITE ARE FOR INFORMATION PURPOSES ONLY AND ARE NOT A SUBSTITUTE FOR SPECIFIC ADVICE.
- Limitation of liability
MyWoodMarket hereby disclaims any liability for damages suffered by Members, resulting from the behaviour of other Members (erroneous information, non-fulfilment of contract, etc.).
MyWoodMarket undertakes its best efforts to fulfil the needs of Members but has no obligation of result whatsoever.
MyWoodMarket shall not be responsible for any delay, poor functioning, or service interruption of Marketplace. MyWoodMarket shall also not be liable for any events due to force majeure, or for exceptional problems capable of or affecting its performance, such as strikes, floods etc., telecommunication problems or the interference of computer viruses or generally any event which is due to a third party.
USE OF THE MYWOODMARKET SERVICES, MARKETPLACE AND WEB SITE IS AT MEMBER’S OWN RISK. MYWOODMARKET NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO ANY MEMBER OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF A MEMBER’S ACCESS OR USE OF, OR A MEMBER’S INABILITY TO ACCESS OR USE, THE MYWOODMARKET SERVICES, MARKET OR WEB SITE OR THE INFORMATION AVAILABLE ON THE MYWOODMARKET SERVICES, MARKET OR WEB SITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO, OR AS A RESULT OF, ANY INFORMATION AVAILABLE ON THE MYWOODMARKET SERVICES, MARKET OR WEB SITE. MEMBER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST MYWOODMARKET AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF MEMBER’S USE OF THE MYWOODMARKET SERVICES, MARKET OR WEB SITE AND THE INFORMATION AVAILABLE THEREON, SAVE FOR WHAT IS EXPRESSLY PROVIDED FOR IN THE GENERAL CONDITIONS.
- Term and termination
Minimum term of Subscription is of one month from the date of the confirmation by MyWoodMarket. The confirmation will be sent by email after the receipt of the payment for the relevant Subscription. At the end of this period Subscription can be automatically renewed for an identical period.
Member may terminate its Subscription by notifying MyWoodMarket of the termination by e-mail or trough website. Subscription will terminate with the expiration of the ongoing Subscription period.
If Member wishes not to renew his Subscription , he should notify MyWoodMarket no later than 20 days before the expiration of the current Subscription period.
MyWoodMarket has the right to terminate registration of Member if Member does not respect the terms of the General terms and Conditions and/or acts in contradiction with generally accepted commercial uses.
If Member decides to terminate its Subscription for whatever reason, MyWoodMarket will not owe any compensation to the Member. If MyWoodMarket decides to terminate a Member’s Subscription, then MyWoodMarket will refund the Subscription fees paid by the Member on a pro-rata temporis basis, considering the time delay between termination and the natural expiration date of the Subscription. However, if MyWoodMarket has terminated a Member’s Subscription because of the Member’s non-respect of its contractual obligations, then MyWoodMarket will not refund any portion of the Subscription fee.
Termination of Member’s subscription for non-respect of these General Terms & Conditions does not limit in any way the right of MyWoodMarket to claim damages and interest from Member.
- Final dispositions
MyWoodMarket may, in its sole discretion, change the General Conditions by publishing new terms that will apply automatically upon publication on the MyWoodMarket web site. The continued use of the Market by Members after this publication implies their acceptance to be bound by these new terms. It is Member’s liability to monitor the modifications of the General Conditions, thereby verifying their continued acceptance of the terms contained therein.
MyWoodMarket may, in its sole discretion, grant predetermined continuity of access to Marketplace to Members who have registered with MyWoodMarket before 23.3.2023 without payment of the subscription fee (the “Free Membersip”).
Should any disposition of the General Conditions prove to be invalid or impossible to implement, the invalidity or impossibility of implementation of such disposition will not affect the validity and enforceability of the other dispositions of the General Conditions in any way.
Litigation arising between Members and MyWoodMarket shall be subject to Slovenian law.
The courts of Slovenia shall have sole jurisdiction.