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GENERAL TERMS AND CONDITIONS OF USE

Presentation

Welcome to Bulkoil!

By using the services available on this website, users accept the following conditions, including any terms contained in links and in the general conditions of the websites of our international affiliates.
To become a BulkOil user, it is necessary to read and accept all the terms and conditions included in the Users' Conditions (the “Conditions”), in the Privacy Rules and in the other related rules of this website.
If you do not accept our terms and conditions, please do not use our services. You are strongly advised to access and read the information and related website rules while reading the present Conditions.
These Conditions apply as of January 1st 2009 for already registered users and for new users upon acceptance.

Use of website and services

If you use our website and services you are not allowed to:

Rates and services

Website registration and website activities are subject to the payment of a rate.
Rates correspond to predefined amounts and are indicated in the section “subscriptions”
When you put an item for sale or use a service that is subject to the payment of a rate, you have the chance to check upon and accept the rates you shall be charged. These rates are modified from time to time.
Rate rule modifications apply as of the day they are published onto the website.
BulkOil has the right to temporarily modify the rates applied to its services for promotional events (i.e. free advert/post days) or to new services and such modifications apply since the publication on the website of the promotional event or of a new service.
Unless otherwise indicated, all rates are in euros (EUR).
You are required to pay for our rates and all applicable taxes associated to our websites and services on a timely basis and with a valid payment method.
Users domiciled in European Union member states (Italy included) may be required to pay for VAT. If the checks performed on your payment method have a negative result or payment terms have expired, we reserve ourselves the right to resort to other procedures to collect the outstanding amounts (including charging amounts due by using different payment methods, resorting to credit collection companies and legal advisors), as well as to take the actions set forth in the “Infringement of Conditions and non-use of website services section”

Contents

When you provide contents on BulkOil, you grant BulkOil a perpetual, irrevocable, territorially unlimited, free and transferable (to several levels) usage license of copyrights, of rights of publication, and of rights on databases of data you own and that are related to the above-mentioned contents in whichever present or future format they appear.
To support sellers, BulkOil can provide catalogues with predefined images, descriptions and specifications of products supplied by third parties. BulkOil tries to offer accurate data, but it cannot ensure that catalogues are always accurate and updated. If you decide to include parts of catalogue contents in your adverts/posts, you will be held responsible for the accuracy of your adverts/posts and you will have to make sure that they do not contain misleading information. You thus accept you will not hold the suppliers responsible for any incorrect information their catalogues may contain. Catalogues may contain materials protected by copyright, trademarks or other intellectual property rights. You are allowed to use the catalogues only for information purposes and to place an advert/post on BulkOil. You may not use the contents of catalogues thus violating the rights of third parties.

Users registered as Sellers

Sellers are not allowed, inter alia, to:

Users registered as sellers must act to ensure a high buyers' satisfaction level. If sellers do not achieve a high satisfaction level, they infringe BulkOil rules. The parameters that can be taken into consideration to evaluate the behaviour of users registered as sellers are, for instance, the number of negative notifications, the number of claims for non-delivered products or products not corresponding to the description given and the evaluation level.

Users registered as Buyers

Buyers are not allowed, inter alia, to:

Messages, removal of messages and consequences

Messages published on our website by users are expression of their personal opinions and BulkOil does not take on any responsibility for messages published by users. Every user is responsible for the opinions he/she expresses and the messages he/she writes.
BulkOil reserves itself the right to cancel any message not in line with the following rules, the Conditions for users and BulkOil values - although they are not listed up - without previously informing the user and with the possibility of suspending the user from the website. The list of forbidden messages includes, but is not limited to:

BulkOil reserves itself the right to ban a user from using the website, without necessarily suspending him/her from the service offered. On the other hand, BulkOil reserves itself the right to suspend a user from the service offered as well as subsequently from the website after a warning is issued because of non-compliance with the above-mentioned rules or immediately, according to the type of violation. The suspension may have a duration ranging from the minimum period of one day until sine die. The suspension of a user shall apply to all IDs associated with the user. Registrations with false contact information or the use of several IDs to disrupt the regular Forum activities shall lead to the sine die suspension of the user and of all IDs used.

Liability;

The user releases BulkOil from any responsibility associated to contents, activities or inactivity or deriving from products placed on sale by other users.
Everybody can make bids, sell or buy products at any time, from any Internet workstation, in any place, in different ways, for instance through sales with fixed prices. Unless otherwise agreed upon in writing by contract, BulkOil does not play any role in sale operations which take place among users as a result of their activity on the website and it does not have any control or responsibility as to the quality, safety and lawfulness of advertised products. Furthermore BulkOil cannot ascertain the authenticity and accuracy of adverts/posts or the capacity of users to sell, purchase and make bids; neither can it ensure that buyers or sellers are actually able to complete sale operations.
Unless otherwise agreed upon in writing by contract, BulkOil does not transfer the ownership of products from the seller to the buyer and does not ensure the continuous and uninterrupted access to its websites and services, since this may be influenced by factors not controlled by BulkOil.
BulkOil does not carry out investigations on simple misunderstandings, lack of communication, interpersonal disputes it has no control on, such us, among others:

As a consequence and under the limits set forth by the Code of Consumption and other similar laws in force, BulkOil excludes any warranty, term or implicit condition.
BulkOil is in no way responsible for economic losses, goodwill losses, reputation damage, special damage, indirect damage or deriving from the use of its websites and services. Since the law in several countries does not allow the exclusion of guarantees, the above-mentioned guarantees may not apply.
In any case the amount that BulkOil will reimburse in the event of damage caused to you or third parties is limited to the amount paid by you to BulkOil in the previous 12 months and in any case up to a maximum amount of € 100 (one- hundred euros).

Notification of inappropriate behaviour

BulkOil tries to find a solution for the inappropriate behaviour cases during sale operations.
Before taking any measure BulkOil will consider the circumstances related to the unlawful action as well as the user's profile information on BulkOil.
Disciplinary actions may range from a formal warning until an indefinite suspension of the user's account.
In order to be fair towards all users BulkOil shall not take any action before ascertaining the legitimacy of the claim.
The following rules should be complied with in the event of inappropriate behaviour:

Hold harmless and indemnification

By accepting these conditions you hold harmless BulkOil, employees, managers, agents and any company of the group, including their employees, and release them from any demand or claim for compensation of third parties deriving from the violation of even one of the terms included in these Conditions, or from the infringement of laws or of third parties rights.

Access and interferences

The largest part of information available on our website is updated in real time and it belongs to BulkOil. Alternatively, a corresponding usage licence was granted to us by our users or third parties.
By accepting these Conditions you undertake not to use software programs or other automatic or manual mechanisms to copy our website pages or the content thereof without our authorization in writing.
Furthermore you shall undertake not to:

 

Non availability of the system

BulkOil accepts no responsibility whatsoever in the event of a temporary and unforeseen blackout of the system that does not allow to have access to and use the function of object pages.

Privacy

BulkOil shall not sell or transfer your personal information to third parties for marketing purposes without your explicit consent.Your data shall be exclusively used in compliance with our Privacy Rules. BulkOil attaches great importance to the privacy protection of its users. Your data will be stored and processed in computers that are part of a WebFarm and protected by physical and technological safety devices. By logging on your account, you can view the data you supplied us with as well as choosing not to receive specific communications. BulkOil resorts to third parties to test and certify its privacy principles. For an extensive description of how we use and protect your personal information, view our Privacy Rules. If you do not approve the transfer or usage of your data as described in the Privacy Rules, please do not use our services.
Banners or commercial information related to third parties (companies or people) or other services offered by BulkOil may appear on the pages including your adverts at BulkOil discretion.

Compensation

Users accept to reimburse and hold harmless BulkOil, employees, managers, agents and any company of the group and their employees from any request or claim for compensation, including legal expenses, made by third parties and caused by or deriving from the violations of these Conditions or any other law or third party rights.

Infringement of Conditions and non-use of the web-site services

If BulkOil deems that a user has undertaken actions which may entail problems, legal liabilities or which may not be in line with these Conditions, it may, for instance, limit, suspend or interrupt the user's services and account, forbid the access to the website, delay or eliminate the contents that have been saved and take any technical and legal measure to prevent the user from having access to the website.
BulkOil reserves itself the right to cancel non confirmed accounts or accounts that have been inactive for a long period of time.

Autonomy of parties

BulkOil and its users act with full autonomy and independence. These Conditions do not establish any cooperation, agency, association, intermediation or employment relationship.

Communications

Unless otherwise specified, legal communications shall be sent to BulkOil head offices (address will follow) and to the email address you supplied during the registration process. Alternatively BulkOil may send legal communication to the postal address which indicated during the registration process.

Dispute resolution

In the event of a dispute between a user and BulkOil, our purpose is to provide neutral and economically convenient tools to quickly settle the dispute. As a consequence users and BulkOil accept that the settlement of any dispute under the law or in an equitable way deriving from these Conditions or from our services will be carried out in compliance with one of the methods subsequently described or based on agreements in writing between users and BulkOil. BulkOil shall take into consideration reasonable requests to settle the dispute through other procedures, such as mediation or arbitration, as an alternative to court settlements.

Applicable law and jurisdiction

Unless otherwise specified, these Conditions are governed by Italian law. The user accepts that any claim or dispute against them related to the payment of fees for BulkOil service usage fall within the exclusive remit of the Court of Ancona.

Mediation and arbitration

All disputes deriving from these Conditions with an overall value lower than € 50,000.00 (fifty-thousand euros) may be settled via the conciliation procedure of the Chamber of Commerce of Ancona. Should the conciliation procedure not be successful, the dispute shall be settled by a single arbitrator in compliance with the Rules of Civil Arbitration Chamber of the Region Marche. Arbitration shall take place at the Arbitration Chamber of Ancona.

Consumers

Binding rules and regulations shall apply for all disputes with consumers as to jurisdictional remit and applicable law.