Buyers Terms and Conditions
GENERAL TERMS AND CONDITIONS FOR THE USE OF SERVICES
ON THE ROOTIE PLATFORM BY BUYERS
Article I
Definition of Basic Terms and Introductory Provisions
These Terms and Conditions for Registered Users – Buyers govern the legal relationships established between the Operator and the Buyer, whereby the Operator grants the Registered User – Buyer the right to use the Platform and Services (hereinafter referred to as the “Agreement”), all within the scope and conditions specified in the Agreement and these Buyers’ Terms and Conditions.
These Buyers’ Terms and Conditions establish the conditions and rules for the use of the Rootie platform – a digital technology designed for easy and modern electronic purchase and sale of products, as well as the facilitation of the purchase and sale process between Registered Users – Sellers and Buyers.
Unless otherwise specified in these Buyers’ Terms and Conditions, all terms defined in this article shall have the same meaning in all documents governing the legal relationship between LOCO Trnava, s.r.o., and users of its services:
The Operator refers to LOCO Trnava, with registered office at Bezručova 1472/16, 940 02 Trnava, Identification Number: 51 794 713, Tax Identification Number: 2120791332, VAT Number: SK2120791332, registered in the Commercial Register of the District Court Nitra, Section : Sro, Insert No.: 45971/N, and in legal relationships also acts as an intermediary for the sale of products by Sellers to Buyers through the digital Platform.
The Platform refers to the Rootie platform, as an information society service, provided through a comprehensive software solution for computers, tablets, and mobile phones. The Platform is accessible to users through the public internet network.
A Registered User exclusively refers to a business entity who, through an authorized person fully capable of legal acts, voluntarily registers on the digital Platform and utilizes the Platform services provided by the Operator. The Registered User has an interest in selling or purchasing products through the Platform.
An entrepreneur, in accordance with the Commercial Code, refers to a person registered in the commercial register, or a person engaged in business activities based on a trade license, or a person engaged in business activities based on other specific regulations, or a person engaged in agricultural production and registered in accordance with special regulations. It refers to an individual who carries out systematic activities in their own name, at their own responsibility, and primarily for the purpose of making a profit. An entrepreneur, when acting within their business activities, employment, or profession, does not have the status of a consumer, and consumer protection laws do not apply to them.
A Seller refers to a Registered User who, through the Platform, publishes offers for their products and intends to sell them. They enter into purchase agreements with Buyers through the Platform, where the subject matter is the sale of products. In addition to these Terms and Conditions, the relationship between the Operator and the Seller is also governed by the Rootie Terms of Use for Sellers.
A Buyer refers to a Registered User who, through the platform, searches for offers of products and intends to purchase them. They enter into purchase agreements with Sellers through the platform, where the subject matter is the purchase of products. In addition to these Terms and Conditions, the relationship between the Operator and the Buyer is also governed by the Rootie Terms of Use for Buyers.
Products primarily refer to commodities of the food industry and food additives, or other goods sold by Sellers. The products are uploaded into the platform system based on the information provided by the Sellers in the registration form or in the Seller’s profile, which the Seller updates regularly.
Registration involves completing an electronic form containing fields for user information, including certain personal data. The fields marked with an asterisk (*) are mandatory and must be filled in for successful registration and use of the service.
The service refers to the provision of access to the digital platform by the Operator through which there is digital interaction between Registered Users, both Sellers and Buyers, as well as the facilitation of transactions between these participants and the provision of related maintenance and support services for the platform.
The services provided by the Operator through the platform include:
– Displaying product offers and information about the offers of Sellers who utilize the platform software as a service.
– Searching and filtering products, offers from Sellers, and requests from Buyers.
– Displaying information about Sellers and Buyers.
– Allowing Buyers to create binding electronic orders for the products of Sellers.
– Facilitating communication between Registered Users, both Sellers and Buyers.
– In the event of a Buyer creating an order with a Seller, informing them about the order processing status, including sending notification SMS, emails, or digital messages within the platform.
– Creating evaluations of Sellers and Buyers based on their reliability, order processing speed, product quality, payment discipline, and other relevant factors.
– Providing assistance and advisory services for using the platform.
Offer refers to the offer of Products made by the Seller through the platform. The offer is not a proposal for concluding a Purchase Agreement.
Order refers to the Buyer’s proposal to conclude a purchase agreement with the Seller, made through the platform in the manner and under the conditions specified in these Terms.
Purchase Agreement refers to the agreement concluded between the Seller and the Buyer, whereby the Seller undertakes, under agreed conditions, to deliver the ordered Products to the specified location, and the Buyer undertakes, under agreed conditions, to accept the Products and pay the Seller the agreed purchase price and shipping cost.
User Account is the account of a Registered User created and active upon user registration.
Contracting Parties is the collective term for the Seller and the Buyer.
Article II
Basic Terms of Use
1. The Operator provides the platform and other related services on the website https://www.rootie.eu, which allow the Buyer to freely search for desired offers of Products published by Sellers, communicate and share necessary information with Sellers, and conclude purchase agreements with Sellers in accordance with these Terms.
2. The Operator facilitates contact between Registered Users – Buyers and Sellers through the platform; however, the Operator is not responsible for the content of published offers, the content of inquiries sent, the content of concluded purchase agreements, the quality, origin, delivery, receipt of Products, the payment of the agreed purchase price for the Products, the adherence to agreed conditions between Sellers and Buyers, nor for the actual course of the transaction or the usability of the offered Products.
3. By using the services of the platform, the Buyer expresses their voluntary agreement with these Terms for Buyers.
4. The Buyer agrees to receive emails to the mailbox provided during registration. The sender of the emails is the Operator, and they may have an informational character related to the platform’s services.
Article III
Agreement and Grant of License
1. By entering into the Agreement, the Operator undertakes to provide the Registered User – Buyer with the use of the platform and Services to the extent and under the conditions specified in these Terms.
2. The Registered User – Buyer acknowledges that the platform and certain Services, or their components, are protected as copyright works by the Copyright Act and other laws and international agreements relating to the protection of intellectual property. The Operator is the holder of property rights to these copyright works or their parts based on contractual relationships between the Operator and the authors.
3. By entering into the Agreement, the Operator grants the Registered User – Buyer a license to use the platform, Services, or their parts that meet the characteristics of a copyright work (“Copyright Work” and “License”
hereafter) to the extent and under the conditions specified in the user interface of the platform, the Agreement, and these Terms for Buyers.
4. The Registered User – Buyer is entitled to use the Copyright Work in the form made available to them to the extent and in the manner necessary to achieve the purpose of the Agreement. The License is granted as non-exclusive, unlimited in territory, and for the duration of the Agreement, but no longer than the duration of the authors’ property rights.
5. The Registered User – Buyer is not authorized to reproduce, distribute, lease, lend, or make the Copyright Work available to others without the prior written consent of the Operator.
6. Without this consent, the Registered User – Buyer is also not authorized to exercise the moral rights of the authors, especially with regard to any modifications or other interventions in the Copyright Work, its combination with another work, or its inclusion in a collective work.
7. By entering into the Agreement, the Operator also undertakes to facilitate the sale of products by Sellers to Buyers through the Application, to the extent and under the conditions specified in the user interface of the platform, the Agreement, and these Terms.
8. The Agreement is concluded by the registration of the user – Buyer in the registration interface of the platform (Article IV of these Terms for Buyers).
9. By completing the Registration, the Registered User – Buyer declares that they have read these Terms and expressly agree to them.
10. The Agreement will be archived electronically and will not be directly accessible to the Registered User – Buyer. The Registered User – Buyer agrees to conclude the Agreement using remote communication means.
11. The use of the platform and Services is agreed upon between the Operator and the Registered User – Buyer as free of charge.
12. The Agreement is concluded for a fixed term, from the date of its conclusion by the registration of the Registered User – Buyer until the deactivation/cancellation of the User Account of the Registered User – Buyer. This does not affect the right of the Parties to terminate the Agreement in accordance with the relevant provisions of the Commercial Code.
13. Termination of the contractual relationship is possible by both contracting parties, even without stating a reason.
14. In the event of termination of the contractual relationship initiated by the Registered User – Buyer, they are obliged to deliver a written notice of termination to the Operator (in electronic form or by mail).
15. Upon receipt of the notice of termination by the Operator, the Operator is obliged to cancel/deactivate the User Account of the Registered User – Buyer within 3 days from the date of receiving the notice from the Registered User – Buyer. After the termination of the agreement, the Registered User – Buyer has no right to retain the information stored on the platform during the term of the contractual relationship.
16. In the event of termination of the contractual relationship initiated by the Operator, the Operator is obliged to deliver a written notice of termination to the Registered User – Buyer (in electronic form or by mail).
17. Upon receipt of the notice of termination by the Registered User – Buyer, the Operator will cancel/deactivate the User Account of the Registered User – Buyer within 3 days from the date of receiving the notice from the Operator. After the termination of the agreement by the Operator, the Registered User – Buyer has no right to retain the information stored on the platform during the term of the contractual relationship.
Article IV
Buyer registration and verification, Buyer Profile
1. Registration is a condition for using the platform and related Services.
2. The registration of the user – Buyer is the decision of the Buyer to register on the platform by providing all necessary information (business name including legal form, registered address, company identification number, tax identification number, VAT identification number if assigned, name and surname of the responsible person, email, telephone number, and password) to create a registered profile on the platform (hereinafter referred to as “User Account of the Registered User”).
3. By registering as a user – Buyer, it is understood that the Buyer expresses their intention to use the services through the platform.
4. There is no legal entitlement to registration and the conclusion of the agreement according to the preceding article of these Terms for Buyers. The Operator is entitled to refuse the registration of the Buyer without stating a reason.
5. Through registration, the Registered user – Buyer gains access, through their profile, to contact information of Sellers, published offers from Sellers, communication with Sellers, inquiries and orders sent, created contractual documentation, etc.
6. Registration can be completed by filling out the registration form available on the platform, where the Buyer selects their role as “Buyer” in the “Registration” field.
7. The Buyer acknowledges that by registering as a “Buyer,” they are not allowed to use the functionalities of the platform available to users in the “Seller” role. This means that the Buyer is not authorized to publish offers of their products for sale. For this purpose, the Buyer is obliged to register as a “Seller.”
8. In order for the User Account of the Registered User – Buyer to function properly on the platform, it is necessary to fill in the user’s information in the “Profile” section, including: business name including legal form, registered address, company identification number, tax identification number, VAT identification number if assigned, name and surname of the responsible person, email, telephone number, and password.
9. The Registered user – Buyer declares that they voluntarily provide the aforementioned information to the Operator, and these details are true and in accordance with reality.
10. By registering on the platform, the Registered user – Buyer gives the Operator consent to publish their contacts and identification information (company name and address, among others) in relation to their inquiries and orders.
11. In the event of discovering false information, the Operator reserves the right to immediately cancel the User Account of the Registered user – Buyer or restrict the use of platform services by the Registered user – Buyer.
12. By filling in and confirming the above-mentioned information provided by the user and subsequently receiving a confirmation of successful registration through a verification SMS or email, the user becomes a Registered User – Buyer (hereinafter referred to as “Registered user – Buyer”).
13. The User – Buyer is obliged to submit valid business permits to the Operator for successful Registration, upon request by the Operator.
14. If the Buyer is unable to provide the permits as mentioned in the preceding point of these Terms, the Operator will not approve the registration of the user – Buyer.
15. The Operator is entitled to request valid permits at any time during the entire duration of the contractual relationship between the Operator and the Registered User – Buyer.
16. If the Registered User – Buyer fails to provide valid permits upon the Operator’s request, the Operator is entitled to cancel their Registration on the platform or restrict the provision of services through the platform.
17. The Registered User – Buyer is obliged to update the information provided during registration in the shortest possible time in case of any changes.
18. The Registered User – Buyer acknowledges that all the information provided during registration is used for their identification, promotion, promotion and publication of their products, sending registration SMS or email, including new passwords, sending offers from the Operator, as well as for sending other notification SMS and email messages through the platform.
19. By registering, the Registered User – Buyer gives consent to the inclusion of their data in the Operator’s database.
20. In order to create a secure trading environment through the platform, as a condition for successful completion of the Buyer’s registration, the Operator performs verification and screening of the Registered User – Buyer. Based on the results of such verification and screening, the Operator reserves the right to deny the use of its services through the platform and cancel the user’s registration in the event of unfavorable evaluated factors.
21. Upon successful completion of registration, the Registered User – Buyer will have a user account created, which is protected by a unique login username and password. The Registered User – Buyer is obliged to protect the login username and password from misuse and not to provide them to third parties.
22. The Registered User – Buyer acknowledges that the Operator is not responsible for any damage and/or negative consequences that may arise in connection with the loss or forgetting of the login credentials of the Registered User – Buyer, or the misuse of these login credentials by a third party.
23. The Registered User – Buyer agrees to immediately contact the Operator upon discovering unauthorized use of their User account and personal data.
24. Registration and use of the platform are voluntary, and the Registered User – Buyer has the right to cancel their registration at any time or choose not to use the platform’s services.
25. The Registered User – Buyer acknowledges and agrees that they may have only one user account or profile in the platform. In case of evidence to the contrary, other accounts or profiles of the Registered User – Buyer may be deleted by the Operator without prior notice.
26. The Registered User – Buyer has unlimited access to their User account and the information contained therein, unless they cancel their registration by sending an email or using the online platform.
27. The Operator reserves the right, at its own discretion, to immediately and without any compensation, terminate the Registered User – Buyer’s access to the platform and services if the Buyer violates laws, good morals, or principles of fair trade while using the platform and services , or if there is suspicion of such violation of these terms. The decision to terminate access is solely at the discretion of the Operator, without the obligation to notify or justify it to the Registered User – Seller.
Article V
Buyer's inquiry, order and conclusion of the purchase contract
1. The Operator publishes through the platform the offer of products from Sellers and enables Buyers to search for and compare desired offers, as well as to communicate, create, and send binding orders for the products offered by Sellers through the services provided by the Operator.
2. The Buyer has the right to make a selection of Products offered by individual Sellers by choosing the relevant criteria. After the selection of Products by the Buyer, the Operator will offer a list of relevant Product offers through the Application. The publication of the offer of Products is not considered a proposal to conclude a purchase contract.
3. The Buyer acknowledges that the free provision of services by the Operator through the platform is the mediation of information provided by the Seller, and the Operator does not assume any guarantee for the displayed information regarding the price of the Products, the specification of the Products, the quality of the Products as well as their topicality and availability, as this information is provided directly Sellers.
4. For each offer of products, the Seller is obliged to provide at least the following information:
a) Product name,
b) Product specifications (such as manufacturer details, features, and technical parameters),
c) Product price (excluding shipping costs unless stated otherwise in the offer),
d) Available quantity,
e) INCOTERMS rules.
5. The Buyer can place an order for any number of products through the platform, unless stated otherwise in a specific offer.
6. By creating an order, the Buyer confirms that they have read and fully agree to these Terms and Conditions for Buyers. The Buyer also acknowledges that they have familiarized themselves with the terms and conditions of the specific Seller from whom they intend to purchase the products.
7. The Buyer acknowledges that placing an order for a product entails the obligation to pay the purchase price of the product as displayed on the platform to the Seller.
8. Payment for the ordered products is made directly to the Seller, according to the agreed upon method and payment terms between the Seller and the Buyer. There is no payment transaction occurring through the platform, either between the Buyer and the Operator or between the Buyer and the Seller.
9. The Buyer acknowledges that the platform solely facilitates the creation of the order by the Buyer, its digital submission to the Seller, subsequent processing of the order by the Seller, creation of contractual documentation, and the conclusion of a purchase agreement between the Seller and the Buyer. Based on this agreement, the Seller subsequently delivers the ordered products to the Buyer (outside the platform) under the conditions agreed upon between the contractual parties, and the Buyer pays the agreed-upon purchase price for the delivered products to the Seller.
10. The Buyer acknowledges that they do not enter into any financial relationships with the Operator, and the Operator is not a venue for asserting claims regarding the quality of delivered products. Additionally, the Operator is not a venue for submitting any potential complaints.
11. The Buyer acknowledges that if they place an order for products with a Seller through the platform, the Operator does not enter into a legal relationship between the Seller and the Buyer.
12. The Operator acts as an intermediary in this process between the offering party (the Seller) and the requesting party (the Buyer). Through the provision of technological infrastructure and communication means, the Operator facilitates the Seller’s ability to offer products for sale and enables Buyers to place orders for these products. Furthermore, the Operator facilitates the mutual agreement on the terms of a purchase agreement, delivery conditions, and other related terms, as well as the creation of contractual documentation. The Operator does not act as the seller or distributor of the products listed for sale on the platform.
13. The order of a product is considered a proposal for the conclusion of a purchase agreement for the selected product, which is concluded between the Buyer and the Seller through the platform.
14. The order of a product is carried out through the platform in the “New Order” section, following the steps, methods, and sequence specified therein.
15. Within the order, the Buyer selects a specific Seller from whom they are interested in ordering the selected products and from whom the Buyer wishes to have the products delivered.
16. After completing and submitting the order, the Buyer receives an informational SMS, email message, or platform notification confirming the successful creation of the order and its digital submission to the Seller for processing.
17. By submitting an online order and the Seller accepting this online order, a purchase agreement is formed between the Buyer and the Seller, governed by the provisions of Act No. 513/1991 Coll., the Commercial Code, as amended.
18. The Seller and the Buyer who enter into a purchase agreement through the platform bear all responsibility for the proper fulfillment of the purchase agreement, as well as for any warranty claims and the fulfillment of such claims arising from it.
19. The Buyer acknowledges and expressly consents that, in the event of placing an order for products, personal data of the Buyer may be transmitted to the selected Seller through the platform for the purpose of order processing. The transmission of such personal data is carried out in compliance with security measures and in accordance with Act No. 18/2018 Coll. on Personal Data Protection and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95
/46/EC (General Data Protection Regulation).
20. The conditions for canceling a submitted order, withdrawal, or termination of a concluded purchase agreement are published by the Seller on their profile, and the Buyer is obliged to comply with them. The Operator does not enter into the mentioned relationships between Buyers and Sellers in any way.
21. The Buyer acknowledges that the Operator is entitled to collect data and statistically analyze information about ordered products and utilize them for its marketing activities.
Article VI
Buyer Rating
1. The Operator can evaluate the Buyer according to the following criteria:
a) Speed of response to Buyers’ orders.
b) Quality of communication with the Seller.
c) Number of unreasonably canceled orders.
d) Number of completed orders.
e) Payment discipline.
f) Adherence to agreed contractual conditions.
g) More?
2. The Buyer can evaluate the Seller according to the following criteria:
a) Quality of communication with the Seller.
b) Number of unreasonably canceled orders.
c) Number of completed orders.
d) Reliability of the Seller.
e) Adherence to agreed contractual conditions.
f) Payment discipline.
g) More?
3. The Buyer acknowledges that the results of the evaluation criteria outlined in points 1 and 2 of this article of the Terms and Conditions for Buyers are displayed on the platform for Sellers, with the purpose of guiding them in selecting the most suitable recipient – the Buyer.
Article VII
Liability of the Operator and the Buyer
1. The Buyer acknowledges that they use the platform and Services solely at their own risk. The Buyer is fully responsible for all actions performed on the platform.
2. The Buyer is not authorized to use the platform or Services in a manner that could cause harm to the Operator or other individuals, violate their rights, or restrict the ability of other individuals to use the platform and Services in any other ways that are not clearly intended by the platform.
3. The Buyer is obliged to promptly inform the Operator of any suspicion of third-party misuse of their data.
4. The Operator is entitled to temporarily interrupt the operation of the server or other Operator’s devices that affect the functionality of the platform or Services, particularly for the purpose of maintenance or modification of said devices, for the necessary duration.
5. The Operator is not responsible for the content of offers published by Sellers, inquiries or orders submitted by Buyers, content evaluated and published on the platform by entities other than the Operator, or any obligations between Sellers and Buyers arising from the purchase and sale of Products .
6. The Operator shall not be held liable for any damages incurred by the Buyer as a result of using the platform and availing themselves of the services provided by the Operator.
7. The Operator shall not be held liable for any damages incurred by the Buyer or third parties, directly, indirectly, or incidentally, arising from or in connection with the use of the platform and the services provided by the Operator.
8. The Operator is also not liable in the following cases:
a) Due to improper use by the Buyer (e.g., unauthorized interference with the delivery of system and software equipment and environment, creation, uploading, or attaching of inappropriate content, etc.);
b) Incompatibility or problematic functionality of the platform resulting from incorrect use of the platform or services or malfunctioning internet connection on the Buyer’s side;
c) Insufficient security measures of the Buyer’s account, such as attacks on their local network or computer by computer viruses (spyware, malware, etc.), hacker attacks, or similar external attacks;
d) Provision of incorrect or ambiguous information by the Buyer;
e) Malfunction of technical equipment, operating system, or network of the Seller or programs from other manufacturers running concurrently with the platform or affecting its proper functioning;
f) Force majeure events, such as a state of war, changes in legislation substantially complicating the performance of the Agreement for the Operator, natural disasters, or extraordinary unforeseen and insurmountable obstacles beyond the control of the Operator.
9. The Operator is not liable for:
a) The quality and extent of the performance provided to the Buyer,
b) The delivery of the performance provided by the Seller,
c) The fulfillment of rights and obligations of the Buyer arising from their Order,
d) The accuracy and completeness of information regarding the availability and prices of the Products provided by the Seller.
Article VIII
Special Provisions on the Use of the Website and Platform
1. It is prohibited to use the Operator’s platform and services in a manner that violates these Terms and Conditions for Buyers (or their essence), or any other relevant laws and directives (including those related to the use of public communication networks).
2. The Buyer must not use the Operator’s platform and services in a manner that could damage, disable, overload, or impair the function of servers operated by the Operator or its partners, disrupt the use of these servers or services by other individuals, or devalue the platform or services provided by the Operator.
3. The Buyer is not entitled to obtain or attempt to obtain any materials or information related to the Operator’s platform and services that are not (or have not been) publicly accessible or provided by the Operator.
4. Specifically, the use of data mining, data harvesting, robots, or similar tools to gather and extract substantial portions of the Operator’s website and platform for the purpose of reuse, whether once or repeatedly, is strictly prohibited.
5. Unauthorized access to any part of the Operator’s website and platform, accounts of other users, or other computer systems connected to this website and platform is prohibited, including unauthorized entry into the database as a hacker, password discovery, or any other means.
6. It is prohibited to collect or attempt to collect personal information about other individuals through the Operator’s website and platform.
Article IX
Personal Data and its Protection
1. The Operator is responsible for the protection of personal data of Registered Users who come into contact with the Operator during the use of the platform and utilization of the Services, and is obliged to act in accordance with Act No. 18/2018 Coll. on the Protection of Personal Data and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC.
2. The Operator declares that it implements all necessary security, technical, and organizational measures to protect the personal data of Registered Users in accordance with the requirements of applicable legislation.
3. Further information about personal data, its processing, and protection can be found in the PRIVACY POLICY section.
Article X
Common and Final Provisions
1. Contractual relationships between the Operator and the Registered User – Buyer not specifically regulated in these Terms and Conditions for Buyers shall be governed by the legal order of the Slovak Republic, in particular the Act No. 513/1991 Coll. Commercial Code, Act No. 40/1964 Coll. (Civil Code) as amended, Copyright Act, as well as the GDPR Regulation, Personal Data Protection Act, Act on Certain Information Society Services.
2. In the event that any provision of these Terms and Conditions for Buyers is or becomes invalid, ineffective, or unenforceable, the provision that best approximates the meaning of the invalid provision shall be used instead. This does not affect the validity, effectiveness, and enforceability of the other provisions or the Terms and Conditions for Buyers as a whole.
3. The Operator reserves the right to change the terms and scope of the Services provided through the platform at any time at its own discretion. The change is valid and effective and binding on the Registered User – Buyer from the date of its publication on the website or within the platform. The Registered User – Buyer is obliged to regularly familiarize themselves with the changes to the Terms and Conditions for Buyers. If the Registered User continues to use the services after the changes to these Terms and Conditions for Buyers have been made by the Operator, it is deemed that they agree to the change without reservation.
4. These Terms and Conditions for Buyers shall enter into force and effect on June 22, 2023.