TERMS OF USE
Published on 04.03.2021
Preamble
Daikin Europe N.V. Platform operates an online platform under the domain www.retradeables.com. The Platform offers an online marketplace for trading with reusable refrigerants. Sellers of refrigerants are enabled to list refrigerants for either recycling or disposal on the marketplace. Interested buyers or disposers are enabled to place bids for the listing and purchase refrigerants for either recycling or disposal. These terms of use govern to the use of the Platform by any user.
Content
A. General
1. Scope
2. Definitions and Interpretation
3. Platform, Functionalities and Services
B. Onboarding
4. Requirements for the Use of the Platform
5. Registration
6. User Accounts
C. Use of the Platform and Trading
7. General Obligations of the Parties
8. Use of the Marketplace
9. Listings
10. Bidding Process
11. Deposits and Rejection
12. Collection and Quantity
13. Testing
14. Dispute
15. Payments and Transfer of Ownership
16. Platform Remuneration
D. Special Provisions
17. Intellectual Property
18. Representation and Warranties
19. Liability
20. Indemnification
21. Data Processing
22. Confidentiality and Protection of Secrets
23. Term and Termination
E. Miscellaneous
24. Contact, Electronic Communication
25. Assignment and Setoff
26. Amendments
27. Partial Invalidity
28. Choice of Law
29. Place of Performance, Place of Jurisdiction
A. General
1. Scope
1.1 These Terms of Use govern the use of the Platform and the services provided via the Platform and provide the legal framework for the relationship between the Platform and the User. These Terms apply to all Users registered from the date of publication as shown above who have acknowledged their validity.
1.2 A prerequisite for sales via the Platform is the use of the payment service functionalities embedded in the Platform. These payment services are not offered by the Platform but by the Payment Service Provider. By accepting these Terms, the User also undertakes to accept the framework agreement of the Payment Service Provider.
1.3 These Terms of Use contain the entirety of the terms applicable between Users and the Platform in respect of the services being offered.
1.4 The use of an Account on the Platform under these Terms does in no way replace any reporting obligations concerning the use and/or handling of refrigerants, as may be attributed to Users by applicable local law.
2. Definitions and Interpretation
2.1 Definitions
“A-Grade” means the quality A of Refrigerants as determined in Attachment A.
“Applicant” means the legal entity submitting a registration request to the Platform.
“B-Grade” means the quality B of Refrigerants as determined in Attachment A.
“Bid” means either a Bid for Sale or a Bid for Disposal.
“Bidding Process” means the process starting with a Listing and terminating with either a Transaction or its cancellation.
“Buyer” means the legal entity that buys Refrigerants.
“Buyer’s Deposit/Disposer’s Deposit” means the amount escrowed by the Buyer/Disposer in the Bidding Process calculated on the basis of a Bid for A-Grade Refrigerants.
“C-Grade” means the quality C of Refrigerants as determined in Attachment A.
“Day” means 24 hours starting at 12 am and ending at 11.59 am the following calendar day.
“Deposits” mean a Seller’s, Buyer’s or Disposers Deposit as the case may be.
“Disposer” means the legal entity that offers disposal services for Listed Products.
“Escrow Wallet” means the Payment Account wallet with the Payment Service Provider in which the Deposits are locked as security for Transactions.
“Evaluation Type” means the type of evaluation of the grade of Refrigerants either by measurement, or by self-assessment based on equipment type/series and/or historical data on used refrigerant type;
“Listed Products” means the quantity and quality of the listed Refrigerants.
“Listing” means the publication of Refrigerants on the Marketplace for either recycling or disposal.
“Main Wallet” means the Payment Account wallet with the Payment Service Provider of which the account holder can freely dispose.
“Marketplace” means the part of the Platform that enables Listings and Bids of/for Refrigerants.
“Party” or “Parties” mean/s the legal entity/entities obliged by these Terms of Use, i.e. Seller, Buyer and Disposer.
“Payment Account” means the Main Wallet and Escrow Wallet together.
“Payment Service Provider” means Mangopay S.A., a licensed payment service provider under the laws of Luxembourg (https://www.mangopay.com/start/download-tcs/) with the business address at 2 Avenue Amélie, 1125 Luxembourg.
“Platform” means all functionalities offered by the operator under the domain www.retradeables.com, including user interface and back-end system.
“Refrigerants” means the recovered refrigerants in quality grades A, B and C as determined in Attachment A.
“Seller” means the legal entity that sells Refrigerants.
“Seller’s Deposit” means the amount escrowed by the Seller based on a Bid for C-Grade Refrigerants.
“Terms of Use” means these terms of use.
“Transaction” means the transfer of Refrigerants either for sale or for disposal to the Buyer or the Disposer, as the case may be.
“Transaction Amount” means the amount payable under the Transaction Contract when a Transaction is completed.
“Transaction Contract” means the agreement between the Parties on the sale or disposal of Listed Products.
“User” means any registered user of the Platform denominated by a Party as sufficiently authorized to use the Platform and legally represent this Party in Transactions.
“User Account” means the credentials the User receives to login and operate the services of the Platform.
“User Agreement” means the agreement between Parties and the operator of the Platform following registration and which entitles the User to use the services.
2.2 Interpretation
Unless indicated otherwise, these Terms of Use shall be interpreted in the following way:
2.2.1 where the context so admits, a reference to the singular includes the plural and vice versa;
2.2.2 a defined document or provision of statutory law is a reference to that defined document or provision as amended, supplemented, restated or novated from time to time;
2.2.3 headings are for ease of reference only and shall be ignored in the construction of these Terms of Use;
2.2.4 where the context so admits a reference to the masculine form includes the feminine form and vice versa.
3. Platform, Functionalities and Services
3.1 Operator of the Platform is Daikin Europe N.V., a limited liability company with its place of business at 8400 Oostende, Belgium registered in the commercial register of Oostende under company number 0412.120.336.
3.2 The Platform offers an online Marketplace for the trading of Refrigerants for recycling or disposal including the access to the Payment Service Provider for the processing of payment transactions in connection with Transactions.
3.3 The functionalities include a User Account. Through the User Account the User can manage Transactions on the Platform. The use of the User Account, for sales purposes, is the sole responsibility of the User. The Platform also provides functionalities for communication and information amongst Users.
3.4 The Platform shall be available to the User in the version displayed under the domain www.retradeables.com. The Platform may provide Updates or Upgrades from time to time. User do not have a claim to Updates or Upgrades.
3.5 Major Updates or Upgrades concerning the functioning of the user interface or the performance or ability to conduct sales will be notified to the User in reasonable time before Updates and Upgrades become effective. Minor Updates or Upgrades will be indicated on the Platform.
3.6 The Platform shall be free to decide at its sole discretion to integrate services from other service providers into the Platform.
3.7 The Platform is 97% available on a monthly average. However, slight and/or temporary deviations from this availability level may be possible and do not represent a restriction of the functionality.
B. Onboarding
4. Requirements for Use of the Platform
4.1 Applicants shall act in their capacity as merchants. During the registration process pursuant to section 5 of these Terms of Use the User shall submit the information and documents requested.
4.2 Applicants need to provide all permissions and authorisations required to trade and/or dispose of Refrigerants on company as well on personal level, in particular F-Gas certificates.
4.3 Users are required to be duly authorized to legally and solely represent the Parties in Transactions. If their authorization terminates, they need to inform the Platform accordingly and cease all operations on the Platform with immediate effect.
4.4 The User is responsible for the careful handling of the User Account and the information contained therein.
4.5 The Parties shall set-up a Payment Account with the Payment Service Provider in order to perform their payment obligations under these Terms of Use. The Payment Account shall have a Main Wallet and an Escrow Wallet.
5. Registration
5.1 The use of the Platform requires the registration of the Applicant. Registration shall be made online only. The Applicant shall complete the online registration form and provide all information and documents required.
5.2 Registration for the Platform includes the registration with the Payment Service Provider. All information and/or documents requested by the system in order to register with the Payment Service Provider must be provided through the Platform.
5.3 The information provided shall be complete, accurate and, if so requested, supported by evidence. Changes must be notified immediately to the Platform. The Platform shall be entitled to request additional information where required.
5.4 By submitting the registration request the Applicant confirms that
• he will use the Platform exclusively in its capacity as a merchant,
• he and the Party he represents possess all permissions and authorizations required to conduct activities on the Platform,
• the User submitting the request is duly authorized to represent the Applicant,
• all information and documentation provided for the registration application are correct.
5.5 The Platform shall confirm the registration request by sending a confirmation email to the email address provided by the Applicant.
5.6 The Applicant receives an acceptance email when the registration request has been approved. The acceptance email does not include registration with the Payment Service Provider.
5.7 After receiving the acceptance e-mail, the Applicant may finalize the registration by
• accepting these Terms of Use by clicking the respective checkbox;
• accepting the Mangopay Framework Agreement by clicking the respective checkbox;
• accepting the Daikin Europe Group Data Protection Policy by clicking the respective checkbox.
All documents can be downloaded from the acceptance e-mail or the Platform. After the consent to these Terms of Use and the successful registration by the Payment Service Provider, the User Account will be activated.
5.8 The registration may be refused for the following reasons:
• The information given under section 5.4 are incorrect or incomplete;
• the Payment Service Provider refuses to accept the registration of the Applicant.
6. User Accounts
6.1 During the registration the personalised security features for the User Account shall be determined. To ensure the security of the User Account, the password chosen for the User Account must meet the requirements for strong passwords as determined by the registration system.
6.2 The User shall always keep the login data and any further personalised security features confidential and notify the Platform immediately of any unauthorised access or misuse of the User Account. The Platform is not liable for any damages from loss of login-data or personalised security features by the User.
6.3 The Platform is entitled at any time and without prior notice to block the User Account in whole or in part for justified reasons. Justified reasons include amongst other violations of these Terms of Use, and evidence of mis- or endangering use of the Platform or criminal activities.
C. Use of the Platform and Trading
7. General obligations of the Parties
7.1 The Parties hereby undertake to refrain from any acts which would put at risk or disrupt the functionalities of the Platform. The User shall not access any data he is not authorized to access. In addition, the User must ensure that the information he communicates via the Platform and the data he uploads to the Marketplace do not contain any viruses, worms, Trojan horses or other harmful software.
7.2 The Parties shall set up and maintain the necessary data security measures throughout the entire term of the Use Agreement. The Parties shall immediately notify the Platform of any technical changes occurring within their sphere where such changes are apt to adversely impact the Platforms provision of services or the security of the Platform.
7.3 The Parties are prohibited from placing content (e.g. links or frames) onto the Platform that infringes on third party rights, violates provisions of law, regulatory requirements or public policy or does not accord with the purpose of the Platform.
7.4 The Parties shall assist in investigating attacks by third parties on the Platform to the extent such assistance is required.
7.5 The Parties shall compensate the Platform for all damages arising out of any non-compliance with these obligations and indemnify the Platform against all claims of third parties, including the costs of legal counsel and court costs, incurred by the Platform due to the Parties’ failure to comply with these obligations.
8. Use of the Marketplace
8.1 For listing Refrigerants on the Marketplace, the Seller shall use the web template shown in the “listing” functionality of its User Account. Listing by other means of communications shall not be admitted and will be deleted.
8.2 The Seller shall make sure that the Listed Products are on stock at the premises of the Seller, ready for shipping and securely contained and protected according to applicable safety regulations, in particular the applicable European Agreement Concerning the International Carriage of Dangerous Goods by Road.
8.3 Changes to the Listing can be made by the Seller only by delisting and relisting the Listed Products. The Seller may delist Listed Products at any time until a Bid is accepted.
8.4 The Platform may block a Listing,
• if there is reasonable ground to assume that a Listing violates the requirements of these Terms of Use or
• if the blocking of a Listing is ordered by an insolvency administrator, a court or a competent government or administrative agency with binding effect.
The right of the Platform to block a User Account according to section 6.3 shall remain unaffected.
8.5 Listings will be ranked on the Platform in the order of their release. Users have the possibility to filter and sort Listings.
9. Listings
By listing Refrigerants, the Seller invites the Platform Users to place a Bid for either buying or disposing of the Listed Products. The Listing does not present a legally binding offer. A Listing requires the following information:
• F Gas type (description of type),
• number of extraction cylinders,
• total net weight of each extraction cylinder (i.e. maximum capacity of a cylinder),
• total extracted quantity,
• Evaluation Type,
• quality grade according to Annex A.
The Parties acknowledge that the quantity and grade of the Listed Products may finally be determined by the test according to section 13.
10. Bidding Process
10.1 A Bid is a binding offer for a Listing and cannot be changed before its acceptance. It shall be submitted through the User Account of the Buyer/Disposer. For every Listing Bids for A-, B- and C-Grades shall be placed. Only one Bid can be submitted per Listing and grade. A Bid shall be minimally 1 Euro, or an equivalent of one Euro in case another currency is used. A revocation of the Bid is only possible subject to section 11.2. The Seller receives a notification of the Bid.
10.2 The Seller shall be free to select which of the Bids he wishes to accept. The Buyer/Disposer receives a notification of the acceptance. With the acceptance of the Bid a binding contract (Transaction Contract) shall be concluded subject to the conditions in 11. to 14.
11. Deposits and Rejection
11.1 Within a period of 7 Days (168 hours) after the acceptance notification to the Buyer/Disposer, the Seller shall deposit the Seller’s Deposit into its Escrow Wallet. The Seller’s Deposit shall be calculated based on the C-Grade Bid submitted by the Buyer/Disposer.
11.2 If the Seller’s Deposit is not provided within the period specified in section 11.1, the Buyer/Disposer is entitled to reject the Transaction. On rejection, the Transaction terminates. Until the Buyer/Disposer rejection, the Seller may provide the Seller’s Deposit.
11.3 If the Seller’s Deposit is provided, the Buyer/Disposer receives a notification of the deposit. Within 7 Days (168 hours) after receipt of the notification, the Buyer/Disposer shall deposit the Buyer’s/Disposer’s Deposit in its Escrow Wallet. The Buyer’s/Disposer’s Deposit shall be calculated based on the A-Grade Bid submitted by the Buyer/Disposer. The Seller receives a notification of the Buyer’s /Disposer’s Deposit.
11.4 If the Buyer/Disposer does not provide the Deposit within the period specified in section 11.3, the Seller may reject the Transaction. On rejection, the Transaction terminates. The Seller’s Deposit shall be transferred into the Seller’s Main Wallet. Until the Seller’s rejection, the Buyer/Disposer may provide the Deposit.
11.5 If all Deposits are provided, the Parties receive an email-confirmation stating the terms agreed. The email-confirmation shall be deemed evidence for the effectiveness of the Transaction between the Parties.
11.6 The time periods in sections 11.1 to 11.5 shall be calculated by the Platform. If no deviating agreement on time periods is made between the Parties, the time periods calculated by the Platform shall be mandatory.
12. Collection and Quantity
12.1 The Seller shall keep the Listed Products ready for collection at the time and location agreed with the Buyer/Disposer.
12.2 The Buyer/Disposer shall collect the Listed Products within 10 Days (240 hours) after the Buyer’s/Disposer’s Deposit has been provided. Section 11.6 shall apply to this time period as well. If the Buyer/Disposer does not comply with the time limit, the Seller may reject the Transaction. In this case:
• 70% of the Buyer’s/Disposer’s Deposit shall be returned into the Buyer’s/Disposer’s Main Wallet,
• 25% of the Buyer’s/Disposer’s Deposit shall be transferred into the Seller’s Main Wallet as compensation,
• 5% of the Buyer’s/Disposer’s Deposit shall be transferred to the Platform as compensation,
• the Seller’s Deposit shall be returned into the Seller’s Main Wallet.
13. Testing
13.1 The Buyer/Disposer is entitled, but not obliged to test the quality and quantity of the Listed Products. For such test a time period of 7 Days (168 hours), starting with the collection of the Listed Products (i.e. scanning the QR-code provided for this purpose) applies. The test may be carried out by the Buyer/Disposer and need to comply with the applicable industry standard for such tests. In order to inform the Seller, the test result shall be uploaded through the User Account.
13.2 In case a test is performed and the Seller accepts the test results concerning quality and quantity, the Transaction is completed. The remuneration based on the quality and quantity established in the test shall automatically be transferred to the Main Wallet of the Party having the payment claim. The Platform remuneration shall automatically be transferred to the Platform’s Main Wallet. Unused amount in the Escrow Wallets shall be transferred to the Main Wallets of the Parties.
13.3 In case no test is performed, the Seller may after expiry of the time period provided in 13.1 unilaterally complete the Transaction based upon the quality and quantity assumed in the Listing. The remuneration based on the assumed quality and quantity shall be transferred to the Main Wallet of the Party having the payment claim. The Platform remuneration shall automatically be transferred to the Platform’s Main Wallet. Unused amounts in the Escrow Wallets shall be transferred to the Main Wallets of the Parties. Until the Seller completes the Transaction, the Buyer/Disposer may upload the test.
13.4 If the test result differs from the quality assumed in the Listing, the Parties shall have the following options:
13.4.1 If the Seller agrees with the test result, the Transaction shall be completed based on the test result. The remunerations shall automatically be transferred accordingly, unused amounts in the Escrow Wallets shall be transferred to the Main Wallets of the Parties.
13.4.2 If the Seller disagrees with the test result, the Transaction may be put “On Dispute” through the User Account within 48 hours after the test result has been uploaded.
13.4.3 If the Seller does not take any action, the Transaction shall be completed based on the test result 48 hours after the test result has been uploaded. The according remunerations shall be transferred accordingly, unused amounts shall be transferred to their Main Wallets.
14. Dispute
14.1 If the Seller puts the Transaction “On Dispute”, the Transaction process shall pause until the Parties have reached a settlement. The Seller shall notify the Platform about the existence of a dispute.
14.2 The resolution of the dispute between the Parties shall take place outside the Platform. A settlement shall comprise the quality and quantity of the Listed Products only.
14.3 Upon reaching a settlement, the Buyer shall enter the settlement terms in the web template provided by the Platform. If the terms are confirmed by the Seller, the Transaction shall be completed in accordance with the settlement.
14.4 If the Seller does not accept the settlement terms as entered by the Buyer the Parties shall revert to the settlement process. If no settlement has been reached within six months of starting the dispute, the Transaction shall be deemed terminated and the respective amounts in the Escrow Wallets transferred to the Main Wallets of the Parties.
15. Payments and Transfer of Ownership
15.1 Payment shall be made through the Payment Service Provider. The Parties shall register with the Payment Service Provider and open the Payment Accounts when registering with the Platform. The terms and conditions of the Payment Service Provider Account are provided for in the Framework Agreement and can be downloaded from the Platform website.
15.2 On request, the Parties shall identify themselves to the Payment Service Provider for the purposes of combating money laundering. The required information and documents shall be provided through the User Account and transmitted to the Service Provider. By submitting the registration request the Parties approve the transfer of information to the Payment Service Provider for anti-money laundering purposes.
15.3 Payments for Transactions shall be made through the Payment Accounts only.
15.4 The Parties instruct the Payment Service Provider to release and transfer funds from the Payment Accounts in accordance with the provisions of these Terms of Use.
15.5 Ownership of the Listed Products shall be transferred subject to the payment of Transaction Amount to the Main Wallet of the recipient, i.e. the Seller or the Disposer, as the case may be.
16. Platform Remuneration
The Platform shall receive a remuneration of 5% of the respective Transaction Amount for each completed Transaction. The remuneration shall become due when a Transaction terminates according to section 12.2.
D. Special Provisions
17. Intellectual Property
17.1 The Platform and the Parties shall remain the owners of their respective intellectual property rights, including trademarks, copyrights and patents.
17.2 The Parties grant the Platform the non-exclusive, transferable, sublicensable and remuneration-free right to use the information, data and other content provided by the Parties while using the Platform for the purpose of the operation of the Platform.
18. Representations and Warranties
18.1 The Platform endeavours to keep its functionality and all services at a high level and up to date at all times. Despite this, functionalities are not guaranteed to the Parties.
18.2 The Platform does not assume any warranty with respect to the identity and authority of Users to dispose over any items.
19. Liability
19.1 To the extent permitted by applicable law, the Platform excludes all express or implied liabilities and responsibilities. Users are merely provided with a Platform, which the Users can use for their activities on their own responsibility. Use of the Platform and the services is therefore at the Users own risk. The exclusion of liability therefore extends to any damages, losses, in particular but not limited to the loss of money, reputation, profits, other intangible losses, or any special, indirect, or consequential damages. In particular, the Platform does not assume any liability for the performance of Transaction Contracts made between Parties on the Marketplace
19.2 The exclusion of the Platforms liability and responsibility applies, in particular, but not limited to:
19.2.1 Any damages to the Users assets in the course of using the Marketplace.
19.2.2 Any damages and losses of money in the course of trading with Refrigerants, such as damages and losses regarding the availability, quality, quantity, other characteristics and the details of the delivery of the Refrigerants.
19.2.3 Any damages and losses in the course of using the payment services such as damages resulting from a restriction or denial of access to the systems of the Payment Service Provider or other third parties.
19.2.4 Any damages resulting from delays or disruptions in the Platforms services.
19.2.5 Any damages and losses in the course of the fulfilment of a contract concluded via the Platform.
19.2.6 Any losses of data caused by the Platform.
19.2.7 Any damages resulting from the Users inability to set up his own systems, including the accessibility of the Platform or the inability to handle the Platform.
19.3 The User hereby expressly guarantees not to make any claims for damages or other reasons against the Platform, in particular not to make any claims for damages or other judicial or extrajudicial means against the Platform.
20. Indemnification
20.1 The Party shall indemnify the Platform, companies affiliated with the Platform and any sub-contractors from all claims, damages and costs (including litigation and legal advice costs and costs for experts), which are asserted or arise from or in connection with the activities of the User in using the Platform, such as in particular fraudulent, abusive, harmful activities or activities constituting a breach of the Terms.
20.2 The obligation of the Party to indemnify shall not apply insofar as the Platform is responsible for the occurrence of the corresponding claims, damages or costs.
21. Data Processing
21.1 The Platform collects and stores data submitted by the User. These data also include personal data. These data are necessary for the performance of the services under these Terms of Use and the processing of payments by the Payment Service Provider. Details of the data processing are disclosed in the Daikin Europe Group Data Protection Policy ( https://www.daikin.eu/en_us/data-protection-policy.html ). Data processing in the context of the payment service is the sole responsibility of the Payment Service Provider.
21.2 The User warrants to the Platform and all other Users that, with respect to the data transmitted, that this is carried out in compliance with data protection law.
22. Confidentiality and Protection of Secrets
22.1 The Platform is authorized throughout the term of this User-Agreement to process and store non-personal data received from the User. Specifically, the User hereby grants consent as follows:
22.1.1 The Platform may store and process any data provided in the course of the registration and relevant updates communicated by the User in respect thereof.
22.1.2 The Platform may store the data uploaded by the User in connection with using the Marketplace. In particular, the Platform aggregates average prices of all Bids and makes them available to the Users.
22.1.3 The Platform may also store data regarding trades of Refrigerants and Transactions in respect thereof, quantity, quality and origin. These data are only available for registered Users of the Platform.
22.2 The Platform shall treat all data relating to the User which the User has designated as confidential confidentially and use such data only in accordance with these Terms of Use. The Platform reserves the right to depart from this rule if, based on legal or regulatory requirements, the Platform is required to disclose User data.
23. Term and Termination
23.1 The Use Agreement is concluded for an unlimited term.
23.2 The Use Agreement can be terminated by the Parties at any time with two weeks’ notice to the end of each month. The termination can be executed by activating the function in the User Account provided for this purpose.
23.3 The right to extraordinary termination for cause shall remain unaffected.
23.4 On termination of the Use Agreement the User Accounts of the terminating Party shall be blocked for new Transactions. Ongoing Transactions shall be completed if a Bid has already been accepted by the Seller. Listings and Bids not accepted by the Seller will be delisted by the Platform. The Payment Account shall be closed and all moneys be transferred to the bank account of the Payment Account holder.
E. Miscellaneous
24. Contact, Electronic Communication
24.1 The Platform can be reached by the following means of communication
Postal: Daikin Europe N.V., Zandvoordestraat 300, 8400, Ostend
Phone: +32 59 55 81 11
Email: contact@retradeables.com
24.2 All communication with the Parties shall be performed via Users. Information received by the Users shall be deemed to have received by the Parties.
25. Assignment and Setoff
25.1 No assignment of the rights of the Parties under these Terms of Use with the Platform to third parties is permitted, whether in whole or in part.
25.2 The Parties shall only be entitled to exercise a right of setoff against the Platform based on counterclaims which are undisputed or have been adjudicated with res judicata effect.
26. Amendments
26.1 The Platform is entitled to amend these Terms of Use at any time. Amendments may be made in particular to adapt them to the applicable law or to implement changes to the contractually agreed services. The Platform shall notify the User of amended Terms of Use in writing or in electronic form at least thirty (30) Days before they come into force. The amended Terms of Use shall become effective if the User does not object to them in writing within the above-mentioned period. The Platform shall inform the User separately of these consequences within the scope of the notification. In the event of a timely objection by the User to the amendment, the Platform shall be entitled to terminate the User Agreement based on the terms and conditions of these Terms of Use. Other termination rights shall remain unaffected.
26.2 Otherwise, amendments and supplements to the Terms of Use shall require electronic form. This shall also apply to the amendment of the form section itself.
27. Partial Invalidity
Should one or more provisions of the Terms of Use be or become invalid or unenforceable, this shall not affect the remaining provisions of the Terms of Use. In place of the invalid or unenforceable provision, a valid provision shall be deemed agreed upon which comes as close as possible in legal and economic terms to the meaning and purpose of the invalid or unenforceable provision. The same applies to gaps in the Terms of Use.
28. Choice of Law
The Terms of Use and the relationship arising from this shall be governed exclusively by the laws of Belgium, including the Belgian conflict of law provisions and excluding all international and supranational (contractual) legal systems, in particular the United Nations Convention on Contracts for the International Sale of Goods of 11.04.1980 (CISG).
29. Place of Performance, Place of Jurisdiction
The exclusive place of performance for all disputes arising from or in connection with the Terms of Use and/or about the validity of the Terms of Use is Brussels, Belgium. The place of jurisdiction for all services arising from or in connection with the Terms of Use is Brussels, Belgium.
Attachment A: Listed Product Qualities
A-Quality is the single refrigerant or blends recovered without being mixed with other single Refrigerants or blends, and that just need a professional cleaning process of oil, moisture, NCG and impurities, and a readjustment to the original composition. It needs to be analysed and certified in order to be labelled and sold as reclaimed Refrigerants.
B-Quality are the Refrigerants that are mixed during the recovery process in the same bottle or container. B-line mixture contains two or more single Refrigerants or blends. These mixed refrigerants will be sent to the distillation column in order to be separated to the original components. Once separated the Refrigerants need to be adjusted to original composition and certified by analysis to be labelled as Reclaimed product.
A-Quality would be for Example R410A recovered separately from other Refrigerants in different bottles and reclaimed by cleaning and adjustment and final certification. B-grade is for Example when R404A and R410A are recovered in the same bottle and therefore it is classified automatically as mixed waste gases and need to be distilled for their separation and reclaim.)
C-Quality: all the mixed Refrigerants that can’t be reclaimed by distillation and need to go to the thermal conversion process, to be transformed into HF and HCL. A mixture containing Hydrocarbons (HC) would be automatically considered as C-grade