I. Platform Terms
The company LabMakelaar Benelux B.V. (Chamber of Commerce number: 23467090), located at: Knibbelweg 18C, 2761 JE Zevenhuizen (ZH), the Netherlands, hereinafter referred to as LabMakelaar, offers on the website www.labmakelaar.com (hereinafter also referred to as “the website”) an internet platform for the purchase, sale or other commercialization of new or used laboratory equipment and inventory.
These Platform Terms and Conditions apply to anyone who offers new or used laboratory equipment or inventory (hereinafter also referred to as “article” or “articles”) via the website of LabMakelaar Benelux B.V.
LabMakelaar acts as an intermediary between the supplier of new or used laboratory articles (hereinafter referred to as the “supplier” or “seller”) and the buyer.
In addition, LabMakelaar can act as a provider or buyer itself. Articles offered by LabMakelaar can be recognized by an “LM…..” article number.
These Platform Terms and Conditions apply to all visitors who use the website www.labmakelaar.com for the purpose of offering new or used laboratory equipment or inventory (providers and sellers).
‘Using’ the website means visiting it, placing and changing advertisements, navigating from the website to other websites, copying (parts of) documents, and using information from this website in any form. then.
These Platform Terms and Conditions regulate the legal relationship between the providers/sellers of articles on the website, buyers and LabMakelaar.
These Platform Terms and Conditions apply to all providers, regardless of where that provider accesses the website.
Contradictory or other conditions than those included in these Platform Conditions are not recognized by LabMakelaar.
III. Registration and Acceptance of the Platform Terms
Before a provider offers an item for sale (or otherwise wishes to commercialize it) on the website, it registers itself using the appropriate registration form.
The provider is responsible for truthfully completing the registration form and for the content of the advertisements it places on the website. LabMakelaar bears no responsibility for this.
By registering as a ‘provider’, it unconditionally commits itself to these Platform Terms and Conditions.
The provider declares by registering as a ‘supplier’ that he is the rightful owner of the items that he offers for sale (or otherwise wishes to commercialize) on the website, as well as of the images supplied, or that he, on behalf of the rightful owner, is entitled to offer these items for sale (or otherwise commercialize them).
The provider is responsible for the content of the advertisement.
LabMakelaar will, after approval of the advertisement, place it on the website.
LabMakelaar reserves the right to refuse, change or remove an advertisement without stating reasons.
If LabMakelaar refuses, changes or removes an advertisement, this will be reported to the provider of the relevant advertisement at all times. If an advertisement is changed and the provider does not agree to this, the provider must submit a written (including by e-mail) request to LabMakelaar to have the advertisement in question removed from the website.
The visual material made available by the provider may be used freely by LabMakelaar in connection with the placed advertisement.
IV. Remuneration and mediation conditions
For the services of LabMakelaar, a commission of 21% of the sales price of the article in question is charged. This amount has already been included in the sales price of the article in question published on the website.
Proposals for changes to the advertisement, the offer or the pricing of an article must always be reported to LabMakelaar.
LabMakelaar is responsible for changing or removing the advertisement.
The provider declares by offering articles on the website that these are actually available for sale (or other commercialization) by the provider.
If a supplier no longer wishes to offer an article on the website, this must be reported to LabMakelaar at all times in writing. LabMakelaar reserves the first right to purchase the item for the amount previously requested by the provider during a period of five working days after written notification of the withdrawal, which right is granted to LabMakelaar by the provider. If LabMakelaar does not make use of this first right of purchase within five working days of receiving this notification, the seller is free to withdraw the offer of the article completely.
If an item from the seller is no longer available without notification without a transaction via LabMakelaar, an amount of EUR 25.00 per advertisement is due.
After a sale mediated by LabMakelaar, LabMakelaar takes care of the financial settlement of the transaction.
As an intermediary in a sale, LabMakelaar is not the owner of the mediated item at any point in the process. The seller is responsible for the delivery to the buyer of an item that meets the expectations raised in the advertisement and during the mediation process.
If items do not meet the expectations raised in the advertisement or during the mediation, the transaction can be canceled at the request of the purchasing party. The purchasing party must motivate this. The term within which this is possible is set at two weeks after receipt of the article. Any costs for this will be borne by the provider/seller.
LabMakelaar is not liable for omissions or violations of the legal obligations and provisions resulting from the mediation between the provider and buyer via the website or otherwise.
All advertisements from providers who do not meet the reimbursement and payment conditions will be removed from the website without delay. In such a case, the provider owes EUR 25.00 per advertisement.
V. Provider Exclusion and Offer Rejection
LabMakelaar can exclude any provider and buyer from the use of this website if the provider acts in violation of its contractual obligations or in violation of these Platform Terms and Conditions. LabMakelaar also reserves the right not to allow offered articles on the website.
Both the provider and the potential buyer declare by using this website that no contractual relationship is established with LabMakelaar regarding the purchase/sale of items. LabMakelaar is only an intermediary between the provider and potential buyer.
The information on this website is provided in good faith and to the best of our knowledge and knowledge. Every effort is made to ensure that factual information is correct, but LabMakelaar does not guarantee inaccuracies or incompleteness.
In case of doubt, the provider is strongly advised to verify its accuracy before making any decision (partly) on the basis of information on this website.
LabMakelaar is not liable for the correctness of the content of the advertisements, nor for acts or omissions of the users or third parties.
LabMakelaar is not liable for damage caused by access to or use of the website www.labmakelaar.com
The provider is liable towards LabMakelaar for all damage caused to LabMakelaar and to third parties as a result of a violation of legal provisions and for all damage that may occur due to non-compliance with these Platform Terms and Conditions. The providers are obliged to keep LabMakelaar out of all claims or lawsuits by third parties and to indemnify LabMakelaar against this. The providers are liable towards LabMakelaar for any damage caused to third parties via this website, including due to defective transmission / viruses with possible data.
LabMakelaar is not liable for any damage, of whatever nature and under whatever name, should it arise from the use of this website. The provider expressly indemnifies LabMakelaar against any liability through use.
VII. Modification of the Platform Terms
LabMakelaar can unilaterally change the content of these terms and conditions at any time.
These amendment(s) will be published on the website www.labmakelaar.com and sent to all registered providers.
Changes will take effect immediately, except for pending orders, which will be subject to the changed terms and conditions after a period of 14 days insofar as the user has not withdrawn his request/offer.
Providers are aware that by publishing their advertisement the content data on the internet is accessible to everyone.
IX. Final Provisions
These Platform Terms and Conditions are generally applicable unless otherwise agreed in writing.
If any provision of these Platform Conditions proves invalid, a solution will be sought in good consultation in the spirit and purpose of these Platform Conditions.
In the event of permanent disagreement, LabMakelaar will decide.
The agreements entered into by LabMakelaar are exclusively governed by Dutch law. All other national or international rights are excluded.
All prices mentioned are excl. VAT, ex-works.
January 1, 2017.