Terms of use
Last updated on 1 November 2020.
Welcome to B2BPay.
B2B Pay, S.L. (from now on B2BPay), offers you services when you visit the platform, make purchase or sale contracts, use its payment or collection services, or use software made available in connection with the above. B2BPay provides its services under the conditions established on this page.
Terms of use
Please read these conditions carefully before using B2BPay services. By using B2BPay's services, you agree to be bound by these conditions.
Electronic communications
Every time you use a B2BPay service or send us an email, a message on the platform or any other communication from your computer, you are communicating with us electronically. We will contact you electronically by various means, such as email or notifications within the platform. For the purposes of this contract, you agree that all contracts, notices and other notifications and communications that we send to you by electronic means will satisfy any requirement of written form, unless any applicable mandatory law requires a different form of communication.
Recommendations and customization
As part of the B2BPay service, we will recommend features and services, including third party advertisements, that may be of interest to you.
Copyright, intellectual property rights and database rights
All content hosted or made available on any of B2BPay's services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations are the property of B2BPay or its content providers and are protected by the laws of Spain, as well as international legislation on intellectual property rights, copyright and database rights. All content hosted or made available through any B2BPay service is the exclusive property of B2B Pay, S.L., and is protected by the laws of Spain and international laws on intellectual property rights and database rights.
No systematic extraction or reuse of any part of the content of any of the B2BPay services is allowed without our express written consent. In particular, the use of search and data extraction tools or robots for the extraction (either on one or several occasions) of substantial parts of the B2BPay services for re-use is not allowed without our express written consent. The user is also not allowed to create or publish their own databases when these contain substantial parts of any of the B2BPay services without our express written consent.
Registered trademarks
The graphics, logos, page headers, button icons, scripts and service names included in or available through B2BPay services are trademarks or represent the trade dress of B2BPay. B2BPay's trademarks and trade dress may not be used in connection with any non-B2BPay service or in any manner that is likely to cause confusion among users or in any manner that disparages or discredits B2BPay. All other trademarks not owned by B2BPay that are included in or available through B2BPay services are the property of their respective owners.
License and access
Subject to compliance with these Terms of Use, B2BPay or its content providers grant you a non-exclusive, non-transferable, non-sub licensable limited license to access and use B2BPay's services for exclusively commercial purposes. This license does not include any right of resale or commercial use of the B2BPay services or their content. Nor does it include the right to make any derivative use of B2BPay's services or their content, nor to download or copy any account information for the benefit of another company, nor the use of search and data extraction tools or robots or similar.
B2BPay and its suppliers, publishers, rights holders or other content providers reserve any rights not expressly included in these Terms of Use.
No reproduction, duplication, copying, sale, resale or exploitation of any kind of B2BPay services or any part of them for commercial purposes is allowed, in each case without our prior written consent.
It is also not permitted to use framing techniques to introduce any trademark, logo or other copyrighted information (including images, text, page layouts or formats) of B2BPay without prior written consent. The use of meta tags or any other "hidden text" using B2BPay's names or trademarks without our prior written consent is not permitted.
Please make proper use of the B2BPay services. You are only allowed to use the services of B2BPay in a lawful manner. Any breach by you of these Terms of Use will result in the cancellation of the permission or licence granted by B2BPay.
Your Account
To use B2BPay services, you must be registered with your user account.
When using B2BPay services you are responsible for maintaining the confidentiality of your account information and password and for restricting access to your computer and devices. To the extent permitted by applicable law, you agree to take responsibility for all activities that occur under your account or using your password. You must take all necessary steps to ensure and safeguard the confidentiality of your password, and you must inform us immediately if you have reason to believe that your password has been disclosed to any third party, or if it has been used in an unauthorised manner or is likely to be used. It is your responsibility to check that the information you provide is correct and complete, and to inform us immediately of any changes to the information you have provided.
You may not use any B2BPay service: (i) in any way that causes, or is likely to cause, damage or harm to any of B2BPay's services or the interruption of access to them; or (ii) for any fraudulent purpose, or for the purpose of committing any crime or other unlawful activity of any other kind; or (iii) to cause any inconvenience, inconvenience or anxiety to any third party.
We reserve the right to deny access to the service, to cancel any account and to remove or modify any content in the event that the user fails to comply with applicable law, these Terms of Use or any other applicable terms and conditions or policies.
Safe use of your account.
You must take reasonable steps to prevent misuse of your B2BPay account. You must maintain adequate security and control of any and all devices, items, IDs, passwords, and personal identification numbers/codes that you use to access your B2BPay account and B2BPay services.
You may expressly grant, remove or administer permission for certain third parties to take certain actions on your behalf. In some cases, you may do so by logging into your account; in other cases, you may do so directly with the third party. You acknowledge that if you grant permission to a third party to take action on your behalf, B2BPay may disclose certain information about your B2BPay account to that third party.
Granting permission to any third party to access your account in any form does not relieve you of any of your responsibilities under these terms of use. You are liable to us for the actions you authorise any third party to take. You shall not hold us responsible for, and shall indemnify us against, any liability arising from the acts or omissions of such third parties in connection with the permissions you have granted, without prejudice to your statutory rights.
Opinions, comments, communications and other content
Users may send communications, suggestions, ideas, comments, questions or other information, provided that the content thereof is not unlawful, obscene, abusive, constitutes a threat or defamation, invades the privacy of others, infringes intellectual property rights or is otherwise offensive to others or objectionable, or consists of or contains computer viruses, political propaganda or advertising content, chain letters, mass mailings or constitutes any other type of "spam". It is not permitted to use false email addresses, impersonate any person or entity, or otherwise misrepresent the origin of any other content. If you believe that any content of B2BPay services includes any defamatory statement, or if you believe that your intellectual property rights are being infringed by any item or information available from B2BPay services, please let us know through the Customer Service department, to which we will respond.
Intellectual Property Claims
B2BPay respects the intellectual property of others. If you believe that your intellectual property rights have been infringed, please let us know.
The role of B2BPay
B2BPay enables contractual relationships to be established between companies that manufacture or sell and companies that distribute or buy. B2BPay facilitates transactions between buyers and sellers through the platform.
B2BPay will generate a sales contract completed by both parties, which concerns only the buyer and seller of B2BPay. The latter does not assume any responsibility in relation to the contract, nor does it act as a representative of either party.
B2BPay disclaims any responsibility to check that the persons signing the contract (seller-buyer) have sufficient power for such signature.
The seller is fully responsible for the sale of its goods and the buyer is fully responsible for the payment of such goods. B2BPay will be responsible for facilitating the drafting of the contract between the parties and encrypting the contract under BLOCKCHAIN, as well as collecting the goods from the buyer and paying the seller for the goods.
However, because B2BPay wishes to guarantee the buyer and seller a secure space in which to make their purchases and sales, B2BPay offers the A to Z Guarantee, in addition to any rights that the consumer may have by legal or contractual provision.
B2BPay will have a Contact section where you can contact us with any questions you may have. In the same way you will have a Customer Service department to answer all your questions.
Our responsibility
We will make our best efforts to ensure the uninterrupted availability of B2BPay services and the absence of errors in any information transmission that may take place. However, due to the very nature of the Internet, it is not possible to guarantee such extremes. Furthermore, your access to the B2BPay services may occasionally be suspended or restricted for the purpose of carrying out repair or maintenance work, or introducing new services. We will endeavour to limit the frequency and duration of such suspensions or restrictions.
B2B Pay, S.L. will not be responsible for (i) any loss that is not attributable to any breach by you, (ii) business losses (including loss of profit, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred), or (iii) any indirect or consequential losses that were not reasonably foreseeable by both parties at the time the user started using B2BPay services. Nor will we be liable for any delay or failure to comply with our obligations under these terms and conditions if such delay or failure is attributable to circumstances beyond our reasonable control. This provision does not affect the customer's right to receive performance of the relevant service within a reasonable time, or to receive an appropriate refund if we are unable to provide such services within a reasonable time for any reason beyond our reasonable control.
B2BPay will not be responsible for whether the persons signing the contract have sufficient power to do so.
The legislation of some countries may not allow some or all of the above limits of liability. If such legislation applies to you, some or all of these limits may not be applicable. Such legislation may also give you rights in addition to those provided for herein.
Links
In the event that B2BPay includes links or hyperlinks to other Internet sites outside B2B Pay, S.L., the latter will not exercise any control over such sites and content. In no case B2BPay will assume any responsibility for the contents of any link belonging to a website outside B2B Pay, S.L., nor will it guarantee the technical availability, quality, reliability, accuracy, amplitude, veracity, validity and constitutionality of any matter or information contained in any of these hyperlinks and other websites. Likewise, the inclusion of these external links will not imply any type of association, merger or participation with the connected entities.
Applicable law
These conditions shall be governed and interpreted in accordance with Spanish law. Both parties agree to submit to the jurisdiction of the district courts of the city of Alicante.
Additionally, in accordance with Article 14.1 of Regulation 524/2013 on the resolution of consumer disputes online, we inform you of the existence of an online dispute resolution platform provided by the European Commission, as well as the possibility of submitting your complaint through it by accessing the following link: https://ec.europa.eu/consumers/odr/.
Modification of the Service or Variation of the Conditions
We reserve the right to make changes to B2BPay's services, our policies and our terms and conditions, including these Terms of Use at any time. You will be bound by the terms and conditions, policies, and Terms of Use in effect on the date you use B2BPay services. If any of these Terms of Use is declared invalid, void, or for any reason unenforceable, that condition will be deemed severed without affecting the validity and enforceability of the remaining conditions.
Disclaimer
If you fail to comply with these Terms of Use, and even if we could choose not to exercise any right available to us at that time, we may exercise such rights and remedies on any other occasion where you may again fail to comply with these Terms of Use.
Minors
We do not provide services to minors. Minors under the age of eighteen (18) are not allowed to use the services of B2BPay.
Our data
This website is the property of B2B Pay, S.L., which is also responsible for its maintenance.
B2B Pay, S.L. has its address in Alicante (Spain), Calle del Carmen nº 79, entresuelo E, 03550 San Juan de Alicante, with C.I.F. B-01972041, and registered in the Registro Mercantil de Alicante, in Volume 4320, Book 0, Page 158, Section 8, Sheet A-171270, Entry 1.
Web Hosting
Amazon Web Services, Inc. P.O. Box 81226 Seattle, WA 98108-1226 http://aws.amazon.com
Proceedings for infringement of intellectual property rights
If you believe that your intellectual property rights have been infringed, we invite you to submit your claim for intellectual property rights including, without limitation, claims relating to intellectual property rights, trademarks, designs and patents.
Once we receive the complaint, we may initiate various actions which may include deletion of the information in question and removal of repeat offenders where appropriate. All these actions will be carried out without any admission of responsibility and without prejudice to any right, action or defence that we may have, all of which are expressly reserved. The foregoing includes the right in our favour to refer the claim to the parties who have provided the allegedly infringing content. You agree to hold B2BPay harmless from any claims made by third parties against B2BPay arising out of or relating to the making of a claim.
Important noticeDisclaimer: Providing false, misleading or incorrect information in your claim may result in both civil and criminal liability. If you have any doubts about this, we recommend that you consult your legal advisor.
B2BPay Software Terms of Use
Use of B2BPay software. You may use the B2BPay Software solely and exclusively to use and enjoy the B2BPay services, as permitted by the Terms of Use. You may not separate any of the individual components of the B2BPay Software for use in your own programs or compile any part of it together with your programs, nor transfer it for use in conjunction with another service, nor sell, rent, lease, loan, distribute or sublicense or otherwise assign any rights in the B2BPay Software, either in part or in whole. You may not use the B2BPay Software for illegal use. We may terminate the provision of the B2BPay Software and deny you the right to use the B2BPay Software at any time. In the event of a breach of these Software Terms of Use, the B2BPay Terms of Use and any Additional Terms of Service, your rights to use the B2BPay Software will cease without notice. All software used by B2BPay services is the property of B2B Pay, S.L., or its software content providers and is protected by intellectual and industrial property rights laws.
Prohibition of reverse engineering. You are not allowed to, nor do you encourage, assist or authorise any other person to, copy, reverse engineer, decompile or disassemble, or otherwise manipulate the B2BPay Software, in part or in whole, or create derivative works from or on the B2BPay Software.
Automatic updates. In order to keep your B2BPay Software up to date, we may offer you occasional automatic or manual updates without prior notice.
Data protection
Everything relating to the data protection policy is set out in the Privacy Policy document.
Languages and translation of the conditions of use
We will communicate with you in the language or languages in which we have provided you with these Terms of Use.
These conditions of use have been signed in Spanish. Any translation of these terms of use is provided for your convenience only and is not intended to modify these terms of use. In the event of a conflict between the Spanish version of these conditions of use and a version in a language other than Spanish, the Spanish version will be the definitive version.
Buyer's Conditions
These Buyer Terms and Conditions apply to the execution of the contract for the purchase of the goods or products by the Buyer (B2BPay user) from the Seller, and to the payments for these goods or products. In addition, each time you use any present or future service from B2BPay, you are also subject to the Buyer's Conditions, the Conditions of Use and the Special Conditions of each purchase (particular contract).
Please read these conditions carefully before accepting your purchase contract through B2BPay. By accepting your purchase contract you are bound by these conditions.
Our contract
When you definitively complete the contract with the conditions of the contract, we will send you a message confirming the reception of the contract by the platform and requesting your confirmation. This confirmation will detail the total amount of the transaction. To this total amount of the operation will be added the percentage of commission that B2BPay will charge for its management (taxes not included).
When you confirm the operation, it will be equivalent to the Buyer's Particular Conditions. You can modify your contract while it is not accepted, once accepted it cannot be modified.
The dates of the contract to be highlighted are as follows:
- Contract registration date: date on which the contract is registered on the platform.
- Date of delivery of the goods: it will be the sum of the date of the signing of the contract plus 5 days to make the payment plus the days of duration of the manufacture.
- Any date that does not meet the agreed deadlines will delay the entire delivery of the goods.
Payments will be made at two different times and for two different amounts:
- The first of these will be 30% of the total operation (including B2BPay management fees). This will be done within 5 days of signing the contract.
- The second will be 70% of the total operation (including B2BPay management fees). It will be carried out once the seller has manufactured the goods and provided B2BPay with the delivery note. This period, unless there is a just cause, must not be longer than the delivery date stated in the contract.
Proof of payment by the buyer must be uploaded to B2BPay so that the latter is aware of them..
No payment will be made to the seller without having waited the necessary days for the deposit to be irrevocable, from the time the transfer is made by the buyer in order to guarantee that the transfer will not be returned.
The buyer's funds will be used solely and exclusively to make payments to the seller.
The buyer agrees to receive invoices electronically. The electronic invoices for the service provided by B2BPay will be provided in PDF format. The seller will also provide the invoices to the buyer in electronic form. The Seller shall provide the Buyer, upon request, with original printed invoices when the import formalities of the goods so require.
10-day right of withdrawal, exceptions to the right of withdrawal and legal guarantee of conformity
LEGAL LAW
The buyer has 10 calendar days to "verify the goods" purchased, from the receipt of the purchased goods at its warehouse (delivery by the carrier). This verification will consist of the fact that the goods received are in accordance with the agreement in the Acceptance of the Contract and the buyer will have to register this in B2BPay.
The seller, as the most interested party, will provide B2BPay with the necessary supporting documentation (as proof of shipment) of the delivery of the goods to the carrier. When the buyer pays for the transport, the seller will provide the platform with the delivery note of the goods to the carrier. When the seller pays for the transport, the seller will provide the platform with the note of arrival of the goods at the buyer's premises.
If the buyer, in an act of good faith, wants to help the seller, you can upload the collection or delivery parts of the goods provided by the transport company yourself.
Once the goods have been verified, you will confirm them in the section Closing the B2BPay Transaction with an ok or inform us of your Non-conformity. If you inform us of your non-conformity, you will have to explain the reasons, as well as provide photographs and arguments for such a decision. You will also have to provide a Resolution Proposal. All documentation must be sent before the end of the ten (10) calendar day period for the verification of goods.
The buyer may request the assistance of B2BPay to mediate with the seller and reach an agreement on the defective quantity of goods and how to solve it. After these 10 calendar days, the buyer can no longer claim any defects other than those legally permitted and B2BPay will pay the seller in full for the goods.
B2BPay will also have a mediation department to mediate in case of conflict between the parties. The mediation will be carried out to negotiate: (i) the return of the incident goods; (ii) the replacement of the incident goods in accordance with the order; (iii) the payment of the amount of the incident goods or; (iv) the reduction in the amount of the incident goods.
This mediation department will be made up of totally independent foreign trade professionals, who will provide a verdict on the incident, drawing up a Minute of Resolution.
If both parties do not agree with the resolution of the Act, they undertake to refer to the Court of Arbitration of the International Chamber of Commerce https://iccwbo.org/dispute-resolution-services/icc-international-court-arbitration/. The costs incurred by the use of this prestigious Court of Arbitration will be borne by the buyer and seller.
The platform will keep the money of the goods paid by the buyer while the Court of Arbitration of the International Chamber of Commerce takes a decision.
For further information on the scope, content and instructions for exercising this right, please contact our Customer Service.
The goods with incidence can be due among other reasons to articles not received or to articles received but very different from those described in the contract.
EFFECTS OF WITHDRAWAL
B2BPay will reimburse you (if that was the agreement between the parties), provided that there was just cause, the price of the goods involved, no later than seven (7) calendar days after the day on which there is an agreement between the parties. B2BPay will return the amounts received by bank transfer and will use the same means of payment that you would have used for the initial transaction, unless another means is expressly agreed. In any case, you will not bear any fees that may arise from such a refund. We may withhold the refund until the goods returned by you have been received or until you provide us with proof of having returned the goods, whichever comes first.
B2BPay will charge the manufacturer (seller), provided there is just cause and immediately, the direct costs of returning the goods with incidence. The manufacturer (seller) will be responsible for the costs of collecting the wrong, defective or faulty products.
Once the parties have reached an agreement and the collection of the goods has been approved, the goods must be handed over to the carrier. The product must be perfectly identified and marked with the return number.
The goods must be in perfect condition, (with their original packaging, cork protectors, documentation and plastic covers) with no other deterioration than that resulting from the handling of the goods to establish their nature, characteristics or operation.
The goods must be accompanied by all accessories and complements, manual and documentation if applicable.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The right of withdrawal does not apply to the return of
- Goods or products that cannot be returned due to hygienic or health protection reasons, if you have unsealed them after delivery (e.g. cosmetic products), or which were, after delivery, inseparably mixed with other goods or other products.
- Goods or products that are likely to deteriorate or expire rapidly (e.g. food or products that are perishable or subject to an expiry date).
- Sealed audio or video recordings or sealed software, if unsealed after delivery.
- Goods or products made to your specifications or clearly personalized.
- Digital content (including apps, digital software, e-books, MP3, etc.) that would not have been delivered in a material medium (i.e. not contained in media such as CD or DVD) if you had consented to the performance at the time of delivery and it is not possible to withdraw from that moment
- Daily press, periodicals or magazines with the exception of subscription contracts.
- Alcoholic beverages whose price has been agreed at the time of the order and which cannot be delivered before 30 days, and whose real value depends on market fluctuations that we cannot control.
Prices and availability
The final price given by B2BPay will be the total price of the transaction, which includes the price of the goods plus the cost of transport (in case it is paid by the seller), plus any other costs necessary for the correct purchase of the goods. To this final price will always have to be added the cost of B2BPay management, which will be 0.5% of the total amount of the operation (taxes not included).
If we determine that a currency conversion must be made under a payment agreement and we make the currency conversion, we will use the transaction exchange rate (including the currency conversion fee) in effect at the time the payment transaction is processed. The transaction exchange rate may vary for each payment transaction..
Currency exchange costs will be borne by the payer of the transaction. The exchange rate to be applied will be the one reported by the financial institution on the day of the operation.
Any additional information about the contract will be available at B2BPay. It is not possible for us to provide more precise information about the availability of the service, beyond that shown on the website.
If you have any doubts about our service or the status of one of your operations, you can contact our Customer Service Department.
Currency
The default currency for transactions shall be euro unless another currency is available in the contract.
Relations within B2BPay
If both parties, buyer and seller, perform the actions offered by B2BPay outside the platform, B2BPay is not responsible for any fraudulent actions that may occur between the parties. Furthermore, if B2BPay becomes aware of any such actions, B2BPay may terminate both contacts by removing all information about both parties from the platform.
Customs Information
When you order goods for delivery to a country outside the European Union, you may be required to pay import duties and taxes, which will be charged when the goods arrive at their destination. Any additional amounts due to customs clearance will be at your expense. B2BPay has no control over such amounts. Customs policies vary significantly from country to country so please check with your local customs office for further information. Please also remember that when you place an order of this nature you are formally considered an importer by law and must therefore comply with all applicable laws and regulations in the country where you receive the product. Your privacy is a matter of great importance to us. We want our international customers to be aware that international shipments are subject to inspection and opening by customs authorities.
Therefore, the final price of our services does not include in any case costs of import duties and taxes, which will be charged at destination.
Our responsibility
B2B Pay,S.L. will not be responsible for (i) any loss that is not attributable to any breach by you, (ii) business losses (including loss of profit, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred), or (iii) any indirect or consequential losses that were not reasonably foreseeable by both parties at the time the user started using B2BPay services.
The legislation of some countries may not allow some or all of the above limits of liability. If such legislation applies to you, some or all of these limits may not be applicable. Such legislation may also give you rights in addition to those provided for herein.
Further, B2BPay will not be liable for any delay or failure to comply with its obligations under these conditions if such delay or failure is attributable to circumstances beyond our reasonable control.
Applicable law
These conditions shall be governed by and interpreted in accordance with Spanish law; however, both parties agree to submit to the arbitration award of the Court of Arbitration of the International Chamber of Commerce.
Modification of the conditions
We reserve the right to make changes to our website, our policies and our terms and conditions, including these Buyer's Conditions, at any time. You will be bound by the Terms and Conditions of Use, the Buyer's Terms and Conditions and any special terms and conditions in force at the time you confirm your agreement, unless a change to those terms and conditions is required by law or public authority (in which case, such changes may be applicable to any agreement you have previously made). If any of these conditions is declared invalid, null and void or for any reason whatsoever ineffective, such condition shall be deemed to be excluded without such declaration affecting the validity and enforceability of the remaining conditions.
Disclaimer
In the event of your breach of these Buyer Terms and Conditions, and even though B2BPay may not exercise any rights available to it at that time, B2BPay may exercise such rights and actions on any other occasion where you may breach these Buyer Terms and Conditions.
Minors
We do not provide services to minors. Minors under the age of eighteen (18) may only use the services of B2BPay under the supervision of a parent or guardian.
Our data
Our contact details are as follows:
B2B Pay, S.L., with C.I.F. B-01972041, is located in Calle del Carmen nº 79, entresuelo E, 03550 San Juan de Alicante (Alicante-Spain).
Company registered in the Mercantile Registry of Alicante, in Volume 4320, Book 0, Page 158, Section 8, Sheet A-171270, Entry 1.
Seller's Conditions
These Seller's Terms and Conditions apply to the execution of the contract for the sale of the goods or products by the Seller (B2BPay user) to the Buyer and the collections of such goods or products. In addition, each time you use any present or future service from B2BPay you will also be subject to the Seller's Conditions, the Conditions of Use and the Special Conditions of each purchase (particular contract).
Please read these conditions carefully before accepting your sales contract via B2BPay. By accepting your sales contract you are bound by these conditions.
Our contract
When you definitively complete the contract with the conditions of the contract, we will send you a message confirming receipt of the contract by the platform and requesting your confirmation. This confirmation will detail the total amount of the transaction. To this total amount of the operation will be added the percentage of commission that B2BPay will charge for its management (taxes not included).
When you confirm the operation, it will be equivalent to the Seller's Particular Conditions. You can modify your contract until it is accepted, once accepted it cannot be modified.
The dates of the contract to be highlighted are as follows:
- Contract registration date: date on which the contract is registered.
- Date of delivery of the goods: it will be the sum of the date of the signing of the contract plus 5 days to make the payment plus the days of duration of the manufacture.
- Any date that does not meet the agreed deadlines will delay the entire delivery of the goods.
Your goods will be collected as soon as the buyer accepts the conformity of the goods. If the buyer does not accept the conformity and 10 calendar days have passed, it will also be considered confirmed.
The charge to be made by the seller will be the total of the operation minus the percentage of commission for the management carried out by B2BPay, which will be 0.5% of the total amount of the operation (taxes not included).
No payment will be made to the seller without having waited the necessary days for the deposit to be irrevocable, from the time the transfer is made by the buyer in order to guarantee that the transfer will not be returned.
The buyer's funds will be used solely and exclusively to make payments to the seller.
The buyer agrees to receive invoices electronically. The electronic invoices for the service provided by B2BPay will be provided in PDF format. The seller will also provide the invoices to the buyer in electronic form. The Seller shall provide the Buyer, upon request, with original printed invoices when the import formalities of the goods so require.
10-day right of withdrawal, exceptions to the right of withdrawal and legal guarantee of conformity
LEGAL LAW
The buyer has 10 calendar days to "verify the goods" purchased, from the receipt of the goods purchased in the buyer's warehouse (delivery by the carrier). This verification will consist of the fact that the goods received are in accordance with the agreement in the Acceptance of the Contract and the buyer will have to register this in B2BPay.
You, as the most interested party, will provide B2BPay with the necessary supporting documentation (as proof of shipment) of the delivery of the goods to the transport company. When the buyer pays for the transport, the seller will provide the platform with the delivery note of the goods to the carrier. When the seller pays the transport, you will provide the platform with the note of arrival of the goods at the buyer's premises.
If the buyer, in an act of good faith, wants to help the seller, he can upload to the platform the parts of collection or delivery of the goods provided by the transport company.
Once the goods have been verified, the buyer will confirm them in the section Closing the B2BPay Transaction with an ok or will inform about their Non-conformity. If the buyer informs of its non-conformity, it must explain the reasons for this, as well as provide photographs and arguments for such a decision. You will also have to provide a Resolution Proposal. All documentation must be sent before the end of the ten (10) calendar day period for the verification of goods.
Returns will only be accepted for those goods that do not meet the characteristics defined in the Contract made between the parties and on which both parties agreed.
Unless one of the exceptions described below applies, you may request the assistance of B2BPay to mediate with the buyer and reach an agreement on the defective quantity of goods and how to solve it. After these 10 calendar days the buyer can no longer claim any defects other than those legally permitted and B2BPay will pay the full amount of the goods.
B2BPay will also have a mediation department to mediate in case of conflict between the parties. The mediation will be carried out to negotiate: (i) the return of the incident goods; (ii) the replacement of the incident goods in accordance with the order; (iii) the payment of the amount of the incident goods or; (iv) the reduction in the amount of the incident goods.
This mediation department will be made up of totally independent foreign trade professionals, who will provide a verdict on the incident, drawing up a Minute of Resolution.
If both parties do not agree with the resolution of the Act, they undertake to refer to the Court of Arbitration of the International Chamber of Commerce https://iccwbo.org/dispute-resolution-services/icc-international-court-arbitration/. The costs incurred by the use of this prestigious Court of Arbitration will be borne by the buyer and seller.
The platform will keep the money for the goods while the Court of Arbitration of the International Chamber of Commerce makes a decision.
For further information on the scope, content and instructions for exercising this right, please contact our Customer Service.
The goods with incidence can be due among other reasons to articles not received or to articles received but very different from those described in the contract.
EFFECTS OF WITHDRAWAL
B2BPay will reimburse the buyer (if that was the agreement between the parties), provided that there was just cause, the price of the goods involved, no later than seven (7) calendar days after the day on which there is an agreement between the parties. B2BPay will return to the buyer the amounts received by credit and will use the same means of payment that it would have used for the initial transaction, unless another means is expressly agreed. In any case, the buyer will not bear any fee that might arise from such a refund. We may withhold the refund until the seller has received the goods returned by the buyer or until the buyer provides us with proof of having returned the goods, whichever occurs first.
B2BPay will charge the manufacturer (seller), provided there is just cause and immediately, the direct costs of returning the goods with incidence. The manufacturer (seller) will be responsible for the costs of collecting the wrong, defective or faulty products.
Once the parties have reached an agreement and the collection of the goods has been approved, the goods must be handed over to the carrier. The product must be perfectly identified and marked with the return number.
The goods must be in perfect condition, (with their original packaging, cork protectors, documentation and plastic covers) with no other deterioration than that resulting from the handling of the goods to establish their nature, characteristics or operation.
The goods must be accompanied by all accessories and complements, manual and documentation if applicable.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The right of withdrawal does not apply to the return of
- Goods or products that cannot be returned due to hygienic or health protection reasons, if the buyer has unsealed them after delivery (e.g. cosmetic products), or which were, after delivery, inseparably mixed with other goods or other products.
- Goods or products that are likely to deteriorate or expire rapidly (e.g. food or products that are perishable or subject to an expiry date).
- Sealed audio or video recordings or sealed software, if the buyer unsealed them after receipt.;
- Goods or products made to the buyer's specifications or clearly personalized.
- Digital content (including apps, digital software, e-books, MP3, etc.) that would not have been delivered in a material medium (i.e. not contained in media such as CD or DVD) if you had consented to the performance at the time of delivery and it is not possible to withdraw from that moment
- Daily press, periodicals or magazines with the exception of subscription contracts.
- Alcoholic beverages whose price has been agreed upon at the time the buyer placed the order and which cannot be delivered within 30 days, and whose actual value depends on market fluctuations that we cannot control.
Prices and availability
The final price given by B2BPay will be the total price of the transaction, which includes the price of the goods plus the cost of transport (in case it is paid by the seller), plus any other costs necessary for the correct purchase of the goods. To this final price will always have to be added the cost of B2BPay management, which will be 0.5% of the total amount of the operation (taxes not included).
The payment that the platform will make to the seller, once the buyer has paid, will be the final price of the transaction minus the B2BPay management commission which is 0.5% of the total amount of the transaction (taxes not included).
If we determine that a currency conversion must be made under a payment agreement and we make the currency conversion, we will use the transaction exchange rate (including the currency conversion fee) in effect at the time the payment transaction is processed. The transaction exchange rate may vary for each payment transaction.
Currency exchange costs will be borne by the collector of the operation. The exchange rate to be applied will be the one reported by the financial institution on the day of the operation.
Any additional information about the contract will be available at B2BPay. It is not possible for us to provide more precise information about the availability of the service, beyond that shown on the website.
If you have any doubts about our service or the status of one of your operations, you can contact our Customer Service Department.
Currency
The default currency for transactions shall be euro unless another currency is available in the contract.
Relations within B2BPay
If both parties, buyer and seller, perform the actions offered by B2BPay outside the platform, B2BPay is not responsible for any fraudulent actions that may occur between the parties. Furthermore, if B2BPay becomes aware of any such actions, B2BPay may terminate both contacts by removing all information about both parties from the platform.
Customs Information
When a buyer places an order for goods and their delivery is to a country outside the European Union, the buyer may be obliged to pay import duties and taxes, which will be charged when the goods arrive at their destination. Any additional amounts due to customs clearance shall be borne by the buyer. B2BPay has no control over such amounts. Please note that when the buyer places such an order he is formally considered an importer by law and must therefore comply with all applicable laws and regulations of the country in which he receives the product. Your privacy is a matter of great importance to us. We want our international customers to be aware that international shipments are subject to inspection and opening by customs authorities.
It is your responsibility to know which certificates are required when your product is to be exported.
Therefore, the final price of our services does not include in any case costs of import duties and taxes, which will be charged at destination.
Our responsibility
B2B Pay,S.L. will not be responsible for (i) any loss that is not attributable to any breach by you, (ii) business losses (including loss of profit, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred), or (iii) any indirect or consequential losses that were not reasonably foreseeable by both parties at the time the user started using B2BPay services.
The legislation of some countries may not allow some or all of the above limits of liability. If such legislation applies to you, some or all of these limits may not be applicable. Such legislation may also give you rights in addition to those provided for herein.
Further, B2BPay will not be liable for any delay or failure to comply with its obligations under these conditions if such delay or failure is attributable to circumstances beyond our reasonable control.
As the seller of the goods, you are obliged to provide the guarantee of conformity provided for by law, according to which the delivered goods must be in conformity with the contract, and to which the seller is legally bound (Legal Guarantee).
B2BPay will not be liable for the fulfilment of the obligations under the Commercial Guarantee provided by you.
Applicable law
These conditions shall be governed by and interpreted in accordance with Spanish law; however, both parties agree to submit to the arbitration award of the Court of Arbitration of the International Chamber of Commerce.
Modification of the conditions of sale
We reserve the right to make changes to our website, our policies and our terms and conditions, including these Seller Conditions, at any time. You will be bound by the Terms of Use, the Seller's Terms and Conditions and any special terms and conditions in force at the time you confirm your contract, unless a change to those terms and conditions is required by law or by a requirement of public authority (in which case such changes may apply to any contract you have previously entered into). If any of these conditions is declared invalid, null and void or for any reason whatsoever ineffective, such condition shall be deemed to be excluded without such declaration affecting the validity and enforceability of the remaining conditions.
Disclaimer
In the event of your breach of these Seller Terms and Conditions, and even though B2BPay may not exercise any rights available to it at that time, B2BPay may exercise such rights and remedies on any other occasion where you may breach these Seller Terms and Conditions.
Minors
We do not provide services to minors. Minors under the age of eighteen (18) may only use the services of B2BPay under the supervision of a parent or guardian.
Our data
Our contact details are as follows:
B2B Pay, S.L., with C.I.F. B-01972041, is located in Calle del Carmen nº 79, entresuelo E, 03550 San Juan de Alicante (Alicante-Spain)..
Company registered in the Mercantile Registry of Alicante, in Volume 4320, Book 0, Page 158, Section 8, Sheet A-171270, Entry 1.