Terms and Conditions
Terms and Conditions
1. Muanyagpiac.hu website
(1) "Muanyagpiac.hu" is an information system offered to the user which shall bring together suppliers and buyer's of trade services via a virtual marketplace. The website is made available for the supply and demand of plastics raw material, in particular of
- plastics recyclates
- plastics waste
- plastics remainders
as well as of
- second hand machinery for the processing and recycling of plastic materials as well as any related service and products.
(2) The website operator is entitled to modify or to extend the offer at any time, in particular as far as the contents and the structure of the website and the related user interface is concerned.
(1) Any individual or corporate body may register.
(2) The use of this website is subject to the admission of the user.
For being registered, the user must truly enter his full data as questioned.
(3) The access is free of charge for the user.
(4) The user cannot raise a claim for admission to the website. Furthermore the website operator reserves the right to withdraw the admission at any time without mentioning any reason, however in particular because of:
a) false registration data
b) the presentation of inadmissable products or services
c) a misuse of the trade website or
d) in case of doubt of the legal existence of the user
(5) It is prohibited to present oneself on the website using a false identity.
(6) It is prohibited to make offers which are against the law or public morals.
Furthermore it is not allowed to offer prohibited products.
Publications Harmful to Young Persons, products committed by contracts or those violating third-party rights, in particular copyrights, rights of trademark andto a name.
(7) The user is entitled to withdraw his registration at any time in writing. In this case, all user-related data stored by the website operator shall be deleted within one month after receipt of the withdrawal.
3. User name / password
(1) When registering the user shall define an user name (email address) and a password which will both be enabled upon registration.
(2) The user undertakes to ensure that the user name and password shall be protected against unauthorized access by third party. He shall report to the website operator any misuse of the user name and password.
4. Rights of use
(1) The rights of the users shall be limited to a participation in the website within the scope of the contractual use for the intended purpose.
(2) Within the scope of his services the website operator does not grant any copyright or other property right to the user, in particular the right to a current or future website of "Muanyagpiac.hu", to its web and graphics design, wordings, illustrations and all related literature and literary work such as operating instructions.
(3) Copyrights, property rights and other third party rights placed on the website shall fully remain with their holders.
5. Offers, requests, processing of contracts
(1) The user may offer or request a trade service (supply of goods and services acc. to no. 1 para. 1) on the website or make an invitation to tender for the performance in his name. For this purpose the user must specify the trade service offered or requested by entering a minimum of features in the input mask. Upon confirmation of these data the request will be published on the website.
(2) The offering period (validity period of offers and requests) is three month. After this period has expired, the website operator is entitled to remove the tenders from the website. The user may delete or renew his offer or request at any time.
(3) The placing of an offer is no binding declaration of intent, but an invitation to make offers (invitatio ad offerendum). By placing the offer the supplier confirms that, as a matter of fact, he is subjectively in a position to provide the service and that the offer he places is directed towards the conclusion of a contract.
(4) The placing of a request is no binding expression of intent either, but also an invitation to make offers. By placing the request the requesting person confirms that he is prepared for providing a counter-performance and that the request he places is directed towards the conclusion of a contract.
(5) The "Muanyagpiac.hu" website is made available exclusively for the exchange of information. All negotiations or conclusions of contracts between the users shall take place outside the website, on a usual business level and without the participation of the website operator. Contracts shall be signed directly and exclusively between the respective users and shall be performed and processed outside the website. The website operator does not undertake obligations for the supply or acceptance of goods or services or for the fulfillment of a counter-performance for this.
(6) The placement of an offer or a request shall be deleted immediately if the user who placed it is no longer interested to maintain it.
(7) The user declares to be entitled to use inserted data, files, descriptions and photos, etc.
The website operator is not liable for copyright infringements by user content. The user declares that the website operator shall be indemnified and held harmless in full in the event of any claims by third parties.
6. Attribution of declarations
(1) As far as all declarations of intent, business-like acts or other legally valid declarations or acts are concerned which the website operator, on the initiative of a user, may place on the website or which he may deliver to or receive from another user, the website operator does not act neither in his own name nor as a proxy or agent for the respective users, but exclusively as their communicating messenger.
7. Duties of the user
(1) The user declares that all data, in particular the ones relating to the performance that he offers (goods and services), are correct and not misleading.
(2) The user undertakes to use the services provided by the website operator only in accordance with the relevant laws, public morals as well as the general standards for using the Internet. In particular, it is prohibited:
a) to violate third party rights, in particular property rights, copyrights, rights of trademarks or to a name;
b) to present any contents which is of the kind to glorify violence or of pornographic kind, or which is otherwise against the EU provisions
c) to enter data containing a virus or Trojan horse or other programs likely to damage, secretely intercept or delete data or systems;
d) to offer products which may not be sold or offered in public or the possession of which is against the prevailing law.
(3) The user shall bear all costs arising from the establishment or the modification of his online connection, his use of the public communication network or the purchase and maintenance of his communication units required to use the website.
8. Damages / indemnity
(1) The user is responsible for any damage caused to the website operator by a culpable violation of the contract by the user. The user shall indemnify the website operator from third-party claims put forward against the website operator in connection with a violation of contract by the user and undertake to reimburse all costs (including court and lawyer's fees) which may arise to the website operator due to this.
9. Data protection
(1) In respect of the user's personal data, the website operator points out in accordance with guide of GDPR, that these will be stored and/or transmitted in accordance with the applicable provisions of data protection.
Please note the following rules:
(2) In the scope of the purpose of the contract, the website operator is entitled to raise, process, store and use for his own purposes any user data in accordance with the provisions of GDPR.
(3) In particular, the website operator is entitled:
a) to publish and transmit user data within the scope of the services provided by the website operator;
b) to communicate user data to the competent authorities within the scope of legal obligations, and
c) to pass on the user data with the consent of the participant in other cases.
(1) The following provisions shall apply to the performance contracts (goods and services) mediated in the scope of the website.
(2) The website operator disclaims all warranties for contracts concluded among the respective users.
(3) The website operator disclaims all warranties for the goods and services provided by the supplier to the buyer. In particular, the website operator gives no warranty for
a) the correctness and completeness of statements made by the buyer or supplier,
b) the quality and usability of goods and services to be supplied,
c) their fitness for a particular purpose intended by the buyer,
d) the non-violation of third-party rights by the goods and services supplied.
(4) The website operator cannot definitely exclude that the person mentioned as buyer or supplier in the declaration of intent which is delivered or received by the website operator, actually exists. As a result, the real authorship of a declaration of intent remains doubtful at all times. Consequently, the user submitting or accepting an offer acts at his own risk as for the existence of the contracting party.
(5) In addition, the website operator cannot exclude with absolute certainty that a password may fall into the hands of a person who has not been authorized by the user to submit a declaration of intent. This risk shall be born by the user himself, too. The website operator disclaims any liability according to the rules of a messenger without authorization.
11. Limitation of Liability
(1) Claims for damages put forward by a user for positive obligation breaches and for violation of duties during contractual negotiations shall be excluded. According to the aforesaid legal concepts the website operator is not responsible for the replacement or elimination of damages which may arise for example because of loss or any defective processing of data. Additionally, irrespective of which legal principle, the website operator is not responsible for a loss in profit, missed savings, damage resulting from third-party claims or other indirect or consequential damages.
(2) The limitation of liability pursuant to section 11 para. (1) shall not apply neither to physical injury or other damages which the website operator is responsible for due to intention and gross negligence.
(3) The user's claim for damage resulting from a delay in performance or impossibility of performance by the website operator is excluded. This is not valid in cases of mandatory liability for intention or gross negligence.
(4) The website operator is not responsible for any contents of third-party websites, to which is referred to directly or indirectly on the "Muanyagpiac.hu" website.
(5) In no event the website operator is responsible for damages related to a defective condition of software or hardware and particularly to technical defects of the Internet. In particular, the website operator does not assume any liability independent of fault for damages arising due to:
a) the lacking availability or the faultless functioning of the Internet
b) the use of software or hardware when using the website website, as well as
c) the lacking or insufficient contractual performance due to technically unforeseeable events regarding the software, hardware or Internet.
(6) The website operator does not warrant for damages arising from the imperfection of the users' offers placed on the website operator's website and the respective response to the requests. In particular, the website operator is not be liable for damages arising from the deletion or suppression of the buyer's and supplier's entries on the website operator's website or from the missing deletion or suppression.
(7) The aforesaid liability limitations are also valid for the legal representatives, employees and assistants of the website operator.
12. Applicable Law / Place of Jurisdiction
(1) This contract is subject to the laws of Hungary.
(2) The application of international conventions is excluded, particularly of the United Nations Convention on Agreements on the International Sale of Goods and of the Conflict-of-Law Rules in the Hungarian Private International Law.
(3) The place of jurisdiction for the settlement of all disputes based hereof is Hungary. The website operator is also entitled to proceed against a user at his general place of jurisdiction.
13. Additional Terms
(1) The inclusion of the users' General Terms and Conditions is expressly denied in any case.
(2) Should any individual provision or any part of any provision of these Terms and Conditions of Use be or become illegal in total or in part, the validity of the remaining provisions hereof is in no way affected. In such case the void provision shall be replaced by relative provision coming as close as possible to the purpose of the void provision.