Terms and Conditions of Sale

Please read these terms of use ("Agreement" or "Terms of Use") carefully before using the website and services offered by Foodgenuine (“Foodgenuine”). The Agreement sets out the legally binding terms and conditions for your use of the website at marketplace Foodgenuine.com (the "Site") and all services provided by Foodgenuine on the site.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies reffered to here and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are sellers, customers, merchants, contributors of content, information and other materials or services on the Site.

What is Foodgenuine?

Foodgenuine is a food website which provides a platform for people/producers that sell typical food from all over the world.
The sale takes place directly from producer to consumer.

We allow only the sale of organic food, local food, handmade food, natural food.

In essence we support sellers that have a legitimate business and are taking food seriously.

Foodgenuine is a Venue

Foodgenuine acts as a venue to allow users, who comply with this agreement. Foodgenuine's policies to offer, sell and buy food within a fixed-price format. Foodgenuine is not directly involved in the transactions between buyers and sellers. As a result, Foodgenuine has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Foodgenuine does not pre-screen content or information provided by users. Foodgenuine cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, Foodgenuine cannot and does not transfer legal ownership of items from the seller to the buyer.

Foodgenuine cannot guarantee the true identity, age, and nationality of a user and encourages you to communicate directly with potential transaction partners through the tools available on the Site and asks that you do not arrange to meet users from the Site in person.

You agree that Foodgenuine is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Foodgenuine. You use the Foodgenuine service at your own risk.

Membership Eligibility

Age: Foodgenuine's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Foodgenuine may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and may change its eligibility criteria at any time without noitice to you. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes payable as a result of your activity on the Site. In addition, you agree to abide by Foodgenuine's policies as stated in this Agreement and listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Foodgenuine, each of which is incorporated herein by reference and each of which may be updated by Foodgenuine from time to time without notice to you:

In addition, some services offered through the Site may be subject to additional terms and conditions published by Foodgenuine from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Foodgenuine of any unauthorised use of your password or any breach of security. You also agree that Foodgenuine cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and/or password information to any other party other than Foodgenuine without Foodgenuine's express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email and address. To sell items on Foodgenuine you must provide and maintain a valid PayPal account and postal address.

Account Transfer: You may not transfer or sell your Foodgenuine account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Account Ownership: Foodgenuine SELLERS may only hold and operate one active selling account at any one time and the selling account must only be operated by the named account holder. If a secondary account is required then the SELLER must request prior written permission to us Contact Us. Foodgenuine reserves the right to reject any such request and may, at its discretion, terminate additional selling accounts or selling accounts being operated by a person other than the named account holder without prior warning.

Right to Refuse Service: Foodgenuine reserves the right to refuse service to anyone at any time. Foodgenuine reserves the right, in Foodgenuine's sole discretion, to cancel unconfirmed or inactive accounts.

Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to Foodgenuine and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Foodgenuine Privacy Policy.

Restricted Activities: Your Content and your use of Foodgenuine:

  1. Must not be false, inaccurate or misleading
  2. Must not be fraudulent or involve the sale of illegal, counterfeit or stolen items
  3. Must not involve the sale of No Food and Beverages items.
  4. Must not infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, Foodgenuine's Copyright Policy)
  5. Must not breach this Agreement, any site policy or community guidelines, or any applicable law or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
  6. Must not contain items that have been identified as hazardous, noxious and non-edible.
  7. Must not be defamatory, libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Foodgenuine staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
  8. Must not be obscene
  9. Must not contain or transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information
  10. Must not modify, adapt or hack Foodgenuine or modify another website so as to falsely imply that it is associated with Foodgenuine;
  11. Must not link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on Foodgenuine.

Furthermore, you must not list any item on Foodgenuine (or conclude any transaction that was initiated using Foodgenuine's service) that, by paying to Foodgenuine a commission fee, could cause Foodgenuine to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

Content

You grant Foodgenuine a license solely to enable Foodgenuine to use any information or Content you supply Foodgenuine with so that Foodgenuine is not violating any rights you might have in that Content. You grant Foodgenuine a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Foodgenuine to store or re-format your Content on Foodgenuine and display your Content on Foodgenuine in any way as Foodgenuine chooses. Foodgenuine will only use personal information in accordance with Foodgenuine's Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Foodgenuine user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Foodgenuine-related communications. Foodgenuine has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Foodgenuine user to your email or physical mail list. For more information, see Foodgenuine's Privacy Policy.

Idea Submissions: Foodgenuine considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Foodgenuine shall not be liable for the disclosure or use of such Material. If, at Foodgenuine's request, any member sends Material to improve the site (for example through the Forums or to customer support), Foodgenuine will also consider that Material to be non-confidential and non-proprietary and Foodgenuine will not be liable for use or disclosure of the Material. Any communication by you to Foodgenuine is subject to this Agreement. You hereby grant and agree to grant Foodgenuine, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the systems, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

Interactions with Other Users and private messaging

Users are solely responsible for interactions with others. Users understand that Foodgenuine does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.

Messaging is your way to communicate privately with other Foodgenuine members. It’s essentially email, but purely for Foodgenuine members. Messages are primarily intended for communicating about transactions and orders that are underway.

  • You must not use Messages to send unsolicited advertising or promotions, requests for donations or "spam”, or pass on email addresses or any other information on to third parties.
  • Spamming other boutiques in order to ask them to ‘follow’ your own boutiques will not be tolerated.
  • Please use common sense when giving out personal information to others via messaging, for example don’t send someone your credit card details.
  • You must not use messages to knowingly harass, threaten, blackmail or abuse another member.
  • If someone explicitly tells you not to contact them, you must not use Messages to contact them again, unless you are involved in an open transaction.
  • You must not use Messages to interfere with a transaction.

This means…

  • You must not contact another member to buy or sell an item listed on Foodgenuine outside of the Foodgenuine site. This may also constitute fee avoidance.
  • You must not communicate with a member involved in an active or completed transaction to warn the member away from a particular buyer, seller or item.

As an anti-spam measure, sending too many messages too quickly may auto-disable your Messages. You must Contact Us to have your ability to send Messages reinstated.

Information Control

Foodgenuine does not control the Content provided by users that is made available on Foodgenuine. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Additionally, there may also be risks dealing with international trade. By using Foodgenuine, you agree to accept such risks and that Foodgenuine (and Foodgenuine's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any acts or omissions of users on Foodgenuine. Please use caution, common sense, and practice safe buying and selling when using Foodgenuine.

Other Resources: Foodgenuine is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Foodgenuine does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Foodgenuine shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources or via pop ups which may appear when accessing the Site from your computer.

Resolution of Disputes and Release

In the event a dispute arises between you and Foodgenuine, please contact Foodgenuine.

If you live in the European Union and the trader is based in the EU you can use the ODR (Online Dispute Resolution) platform, a website made by the EU, to make a complaint about a good or service you bought over the internet and find a neutral third party ("dispute resolution body") to handle the dispute.
More info at link http://ec.europa.eu/consumers/odr/

Any dispute arising from or relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales. Use of the Site is not authorised in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.

Should you have a dispute with one or more users, or an outside party, you release Foodgenuine (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Foodgenuine, for the benefit of users, may try to help users resolve disputes. Foodgenuine does so in its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties. To the extent that Foodgenuine attempts to resolve a dispute it will do so in good faith based solely on its this agreement and its policies. Foodgenuine will not make judgments regarding legal issues or claims and all disputes related to financial transactions will ultimately be determined by PayPal.

Foodgenuine's Intellectual Property

Foodgenuine, and other FOODGENUINE graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of FOODGENUINE plc and its subsidiaries. Foodgenuine's copyright, trademarks, service makrs, logos, business name, domain name, rights in get up and trade dress and all other intellectual property rights may not be used, including without limitation as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

Breach

Without limiting any other remedies, Foodgenuine may, without notice, and without refunding any fees, delay or immediately remove Content, warn Foodgenuine's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

  • Foodgenuine suspects a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein.
  • Foodgenuine is unable to verify or authenticate any of your personal information or Content
  • Foodgenuine believes that a user is acting inconsistently with the letter or spirit of Foodgenuine's policies and/or this Agreement, has engaged in improper or fraudulent activity in connection with Foodgenuine or the actions may cause legal liability or financial loss to Foodgenuine's users or to Foodgenuine.

Privacy

Except as provided in Foodgenuine's Privacy Policy Foodgenuine will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent.

No Warranty

FOODGENUINE, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PROVIDE FOODGENUINE'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. FOODGENUINE, ITS OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM FOODGENUINE SHALL CREATE ANY WARRANTY.

Liability Limit

IN NO EVENT SHALL FOODGENUINE, AND (AS APPLICABLE) ITS OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, FOODGENUINE'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

FOODGENUINE'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF FOODGENUINE'S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO FOODGENUINE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) £100.

Indemnity

YOU AGREE TO INDEMNIFY AND HOLD FOODGENUINE AND (AS APPLICABLE) FOODGENUINE'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR BREACH OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

No Guarantee

Foodgenuine does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Foodgenuine's control or otherwise.

Legal Compliance and Taxes

You shall comply with all applicable domestic and international laws and regulations regarding your use of the Site and any Foodgenuine service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site.

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency

You and Foodgenuine are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Foodgenuine Service

Foodgenuine reserves the right to modify or terminate the Foodgenuine service for any reason, without notice, at any time. Foodgenuine reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If Foodgenuine makes a material change Foodgenuine will notify you here, by email, by means of a notice on our home page, or other places Foodgenuine deems appropriate. What constitutes a "material change" will be determined at Foodgenuine's sole discretion, in good faith, and using common sense and reasonable judgment.

Choice of Law

This Agreement shall in all respects be interpreted and governed by the laws of Nederland.

Survival

Sections What is Foodgenuine Is A Venue, Membership Eligibility, Fees And Services, Listing And Selling, Prohibited, Questionable And Infringing Items And Activities, Content, Information Control, Interactions With Other Users And Private Messaging, Resolution Of Disputes And Release, Foodgenuine's Intellectual Property, Breach, Privacy, No Warranty, Liability Limit, Indemnity, No Guarantee, Legal Compliance; Taxes, Severability, No Agency, Foodgenuine Service, Choice of Law, Survival, Notices, Disclosures shall survive any termination or expiration of this Agreement.

Notices

Except as explicitly stated otherwise, any notices shall be given by post to Foodgenuine; Piazza petrarca, 9/2 31044 Montebelluna (TV) - Italy (in the case of Foodgenuine) or, in your case, to the email address you provide to Foodgenuine (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Foodgenuine may give you notice by post to the address provided to Foodgenuine. In such case, notice shall be deemed given three days after the date of posting.

Please note that Foodgenuine will deal with all complaints (on valid receipt of your notice) as soon as they can and within a reasonable timeframe .

For issues with intellectual property, please provide the notice as specified in Foodgenuine's Privacy Policy.

Disclosures

The services hereunder are offered by Foodgenuine Limited, located at Capucijnenstraat 13, 6211RP Maastricht, Nederland.

Effective Date: February 23, 2014
Updated: February 19, 2016