The present portal " www.firius.com " (hereinafter "Portal") is owned by Firius Technology SL (hereinafter, "Firius"), service allowing online submission and consultation offers industrial raw materials (hereinafter, "Materials"), as well as its commercialization among user companies. Firius has created a Marketplace that allows Sellers and Buyers to relate, from now on jointly designated as Participants, and the closing of contracts for the sale of Materials.
Our data is as follows:
Firius Technology, S.L.
Carmona Logistics Park, Block LB Nave 1, A-4. Km 525 41410 Carmona (Sevilla) SPAIN
E-mail address: firstname.lastname@example.org
CIF Number B05450218.
USE OF THE PORTAL
Access to the Portal, its consultation and its use entail the unreserved acceptance of these Terms and Conditions. The user is advised to go before any use to the latest version of the Terms and Conditions, which will be available, at all times, on the Portal. In case of disagreement with these conditions, the Portal cannot be used.
Firius reserves the right to refuse access to the Portal, unilaterally and without prior notification, to any Participant who does not respect these Terms and Conditions.
Firius reserves the right to temporarily suspend, and without prior notice to the participants, accessibility to the Portal in the event of maintenance operations or for any other reason, without the interruption giving the right to any obligation or compensation.
The Terms and Conditions may be unilaterally modified at any time by Firius.
- Portal : firius.com
- Services : Set of functionalities made available to Participants by Firius and available on the Portal.
- Platform : Functional and organizational structure that allows relationships with Sellers and Buyers of Materials.
- User account : Set of personal and business data relating to a Participant, which includes their identity and those of their company, as well as the access data that allow them to access the Services of the Firius Platform.
- Identifier : Electronic address and code chosen by the Participant that allow their identification and access to the Firius Services.
- Participant : Seller or Buyer likely to use the Portal.
- Seller : Participant who makes an offer to sell a Material on the Platform.
- Buyer : Participant who has accepted a Seller's offer.
- Descriptions : Information communicated by the Sellers that allow the creation of their Material Sheets and Seller Sheets on the Portal.
- Participant File : description of the Participant, including their sales methods.
- Material Sheet : detail of the Material put up for sale by the Platform based on the Descriptions indicated by the Seller and re-elaborated or not by Firius.
- Material : industrial raw materials, in the form of Material Sheets, which can be shared by the Firius Platform.
- Panel : Location that allows the Buyer to place the Materials selected for purchase on the Portal.
- Price : Total price of the Material, including taxes, to be paid by the Buyer, not including the transport costs defined globally by its method of delivery.
- Purchase Order : document by which the Buyer and the Seller express their agreement on the Material ordered and its price.
ACCESS TO THE SERVICE
Access to certain Services offered by Firius requires an online registration and, in particular, the creation of a User Account on the Portal. By registering with Firius, the Participant has a strictly personal Identifier, composed of an email address and a password, which will not affect the rights of third parties and which he undertakes to keep secret and not to disclose them to third parties. The Participant undertakes to provide correct information regarding his identity, address, data related to his company and other data necessary for access to the Firius Platform, so as not to mislead Firius or third parties, and to inform Firius without delay of any changes made. You will also have the obligation to provide a valid email address. It is your responsibility to take all necessary measures to protect your personal data against any infringement. The Participant will be solely responsible for accessing the Service thanks to their username and password. At the same time, Firius is obliged to use all the means at its disposal in order to guarantee the security and confidentiality of the data sent. To access the benefits of the Firius Platform, the Participant can be:
- A legal person, whose manager truly mentions the information regarding their identity (Name, Surname and DNI) and those of their legal representative if necessary, their business name, CIF or identification document, address of the registered office, telephone number and email address.
- A natural person over eighteen (18) years old, exercising a business activity, registered in the Tax on Economic Activities (or equivalent in their country of origin), with the capacity to contract, and with a valid physical delivery address in the country where Firius operates via its Website.
The Participant agrees not to create or use more accounts than the one initially created, under his or her own identity or that of third parties, unless expressly and explicitly authorized by Firius. Likewise, the Participant must also respect the following rules, without prejudice to the foregoing:
- Not to harass other Participants of the Portal, or make slanderous, defamatory or racist proposals on the Portal and, in general, contrary to the law, morality and public order.
- Not to obtain information related to other Participants, neither manually, nor with the help of automated methods, nor to access a User Account that belongs to another Participant.
- Do not download viruses or other codes that could endanger the proper functioning of the Portal.
The Portal will automatically collect the IP address of the device with which it is accessed. The Portal can start an automatic tracking procedure (cookie) that the Participant can configure by modifying the parameters of their internet browser. The registration request will be considered complete when the Participant accepts these Terms and Conditions by checking the box "I accept the General Conditions", and when Firius receives all of the information requested in the registration form. Once the registration request is completed, Firius will have to validate it so that the Participant can operate on the Portal. Firius reserves the right to reject registration requests, without being required to communicate the reasons.
The Portal is accessible free of charge to all Participants with internet access (except for eventual connection costs, in which the price depends on the data operator, with no obligation to purchase by the Portal). All programs and materials necessary for the use or operation of the Services of the Portal or access to the internet, with the exception of the Services proposed directly on the Portal, will be at your expense. He is solely responsible for the proper functioning of his computer equipment and his access to the Internet. Firius will charge a commission to the seller for each completed sale transaction, the amount of which will be agreed between the parties.
DURATION AND TERMINATION
The duration and validity of the registration of a Participant in the Portal is indeterminate. The Participant expressly acknowledges that Firius may, as of right, without prior notice or compensation, terminate all or part of the Services provided in compliance with the General Conditions.
You may, for your part, decide at any time to delete your User Account, marking the icon provided for this in the Portal.
Firius may, in the same way, without prejudice to any damage, annoyance or action with respect to a Participant, fully terminate or suspend, without prior notification, his User Account and proceed to its deactivation in case of serious violation (s) ( s) and / or repeated (s) of the provisions of these Terms and Conditions, particularly in the event of: sale of prohibited Materials, incorrect information, fraud in the form of payment, attempted fraud or any other criminal offense. In that circumstance, the Seller will not be able to claim any compensation, including the expenses incurred in a timely manner when putting its Materials online.
Firius has created the Portal in order to facilitate the sale and purchase of industrial materials among the Participants. To this end, Firius provides its Participants with a wide range of Online Services, among which are, without this list being complete or definitive: the pooling, the creation of Material Sheets and Sellers Sheets and an evaluation system of Sellers and Materials.
USE OF THE PLATFORM
Firius undertakes to make the Sellers' offers available to Buyers on the Platform. Firius is not in possession of, nor does it store or manipulate the Materials at any time.
The Buyer will search the Materials for sale in the Materials categories according to a nomenclature unilaterally established by Firius. Once your purchase is made, you will put the selected Materials in a Panel, and will finalize the purchase process in the Portal by selecting the payment method and accepting the conditions.
The Seller undertakes to confirm or reject its offer to sell within two (2) working days of receiving an email from Firius informing it that its Material has found a buyer. The lack of response on your part after that period, will be considered as cancellation of the sale offer.
The Participant undertakes to respect the applicable legislation regarding the exercise of a commercial activity (registration as a self-employed person or registration in the corresponding Mercantile Registry, being up to date with accounting, social and tax obligations).
When the Buyer has accepted the sale offer, (which he undertakes to contract) the Seller will confirm the availability of the Material that is the object of the offer, Firius will charge the full Price, and Firius will communicate the Buyer's details to the Seller.
The date of sale on which this reception takes place and the full collection of the price, will be notified to the Buyer and the Seller by email.
Firius cannot guarantee that the Seller's Material will satisfy the Buyer. In the same way, Firius cannot guarantee the Seller that the Material will not be returned or that the sale will not be canceled by the Buyer.
CREATION OF MATERIAL SHEETS
Firius proposes that the Seller create his Material Sheets on the Portal so that he can describe the Material that is for sale. To do this, the Seller will transmit, in the requested format, the Descriptions necessary for the creation of these Cards, according to the criteria subject to Firius, knowing that these may be rewritten by Firius to adjust the content to the standards of the Platform.
The content communicated must not be of a nature that may cause damage to the rights of third parties, whatever they may be. The Seller is solely responsible for the description of the Materials that it offers for sale and will fully assume the costs incurred in the event of an error, as well as the efforts necessary to remedy said error.
The online posting of these Material Sheets will allow Buyers to access the sales offers proposed by the Portal, the characteristics of the Materials and the shipping conditions.
CREATION OF PARTICIPANT RECORD
The Participant must complete, in the format required by Firius, the data necessary for the creation of their Participant File, this is general information about the company, general personal information, acceptance of Terms and Conditions, the possible forms of contact with Sellers and Buyers and the collection postal addresses where the Materials to be sold are located, and the postal addresses where the Materials to be purchased will be sent.
This data must be accurate, complete and regularly updated.
Firius establishes a system that allows the Buyer, at the end of the transaction with a Seller, to determine the degree of satisfaction by means of a formula indicated by Firius to the Buyer, the attribution of "stars", the maximum rating being five (5) stars. , as well as a voluntary written assessment, where the buyer can provide more details about their assessment. These evaluation mechanisms will result in an assessment of the activities as a Seller on the Portal (price, quality of Materials, delay in delivery, response capacity, litigation management, courtesy, etc.). They will be available to the public, in whole or in part, and will be accessible from the Seller Cards. Firius does not save the evaluations, is not responsible for verifying them and is not responsible for the contents.
The Sellers evaluation system established by the Portal is of essential importance for the proper functioning of the Platform. Every Participant consents that these evaluations that concern him or refer to sales made with his participation be publicly disclosed to other Participants. Every Buyer has the right to write an evaluation of the corresponding Seller, truthful information that corresponds to online transactions or on the Platform, knowing that each litigation can alter the evaluation.
The Materials proposed by the Portal, at the request of the Buyers, and that come out in first position will correspond to those who have the best Seller evaluation at the best Price.
TERMS OF SALE
Each sale made by a Buyer will be regulated directly by Firius, by any means, knowing that the Buyer's bank details will not be memorized in order to guarantee the security and confidentiality of the Buyers' information. Firius has chosen in this regard, the online payment solution "Multisafepay", as well as a security system that guarantees the Buyer security in their payments made online. The Client guarantees that he is the legitimate owner and is fully authorized to use a bank card or any other means of payment in order to settle his order.
In case of non-payment of the total amount owed, when the agreed due date arrives, or in case of non-payment due to a fraudulent situation of a means of payment, the Buyer in default must pay in addition to the sale price an amount of penalty of 10% of the amount of the sale, corresponding to the administrative costs of recovery.