Trading platform for used machines in beverage industry. more
UMFEX is a trading platform where we connect you directly to the seller. more
Offer your machines or line to customers all over the world.more
If you have service or assembling company for beverage industry, you can advertise on UMFEX for free.more
UMFEX is a transaction and brokerage platform (hereinafter referred to as UMFEX) for purchase transactions between users who have concluded a user contract with the platform operator USUS d.o.o., Kidričevo naselje 6, 9252 Radenci, Slovenia (hereinafter: Operator). UMFEX itself does not offer equipment or services and is itself not a party to contracts concluded solely between the users. Fulfilment of contracts concluded via UMFEX also occurs exclusively between the users.
For each purchase transaction, the Operator of UMFEX receives fees from the requesting user who has successfully acquired equipment or services. These fees are not staggered. The same fees are always charged, regardless of the value of the equipment or service. The user offering equipment or a service does not pay a fee. The value of an equipment or service is set by the user offering it. Once a purchase transaction has been completed, the user who posted the offer pays to the Operator an amount for the successfully concluded transaction. Both fees are stipulated in UMFEX’s current price schedule.
The prerequisite for requesting information about the suppliers of equipment or services is a valid user contract and payment of a brokerage fee. UMFEX conveys the communication data from its users who post offers on to the respective requesting users.
The Operator’s general terms and conditions shown here (hereinafter: GTC) apply to all business relationships between the users of UMFEX and the Operator of this service. The current version of the GTC shall serve as the basis for concluding each contract.
Deviating or additional terms and conditions of the user are not relevant to the business relationship between the user and the UMFEX Operator and shall not apply. In particular, the applicability of these GTCs is not excluded by the fact that the Operator provides services without reservation in full knowledge of contrary or deviating user GTCs. An exception hereto are user GTCs that have been expressly agreed to in writing by the Operator.
Users may be natural persons or legal entities. Natural persons must be at least eighteen years of age.
The Operator provides UMFEX as a transaction and brokerage service for use in offering and requesting equipment and services.
UMFEX is a purely internet-based service. Internet access itself, which is necessary to gain access to and to use UMFEX, is not part of the services provided by the Operator.
The Operator also reserves the right to restrict, expand, or discontinue UMFEX services. There is no claim to additional functionalities that go beyond the scope described in the first paragraph of this section.
A user relationship is automatically established through registration by the user. The contractual relationship runs for an indefinite period. This right of use is not transferable.
A user has no legal claim to the successful completion of a registration process. Address information must include the user’s address for service of process (no PO boxes).
The service is available to legal entities and to natural persons of legal majority. When registering, the user must provide his first and last name, email address, and specify the address of his headquarters/residence. Changes to this data after the contract is concluded shall be promptly entered into the system. The service is accessed by entering a user name in combination with a password issued to the user. By registering the user is confirming that the information provided is correct. Users may not register for the service more than once.
Upon successful completion of the registration process, UMFEX reserves the right to deactivate a user account if it is determined that the user has provided incorrect or inadequate information when registering. The right to terminate the user contract remains unaffected.
By clicking on the field preceding the text, “I accept the terms and conditions of UMFEX” during the registration process, a new user declares his consent to the Operator’s GTCs reproduced below and makes an offer to conclude a contract on the use of UMFEX, which he can use independently to provide or request equipment or services for sale or purchase. A user contract with UMFEX comes into effect when the user has completed the registration process by activating his user account.
The Operator does not guarantee the continuous availability or accessibility of the service. Temporary reductions in service may occur due to technical difficulties, resulting for example from flaws in software or server problems. UMFEX makes available the exchange platform of the same name to each member via the internet in accordance with the current state of scientific and technological know-how. Above and beyond this, the members are not entitled to any specified level of availability as regards the exchange platform.
The users release the Operator from any and all liability for infringements against third party rights. Furthermore, the Operator is not liable for third parties obtaining members’ personal information without authorisation (e.g. by hackers gaining unauthorised access to the database).
The Operator also is not liable for the misuse of data and information that members themselves have made available to third parties.
The Operator is entitled but not obligated to check the content of all texts and photos or graphics files submitted to determine if they comply with the guidelines set forth by these GTCs and, where necessary, delete them.
The user is obliged not to make the password assigned to him accessible by third parties. This also applies to partners of UMFEX that provide an additional service to the user at his request. In using such additional services, a contractual relationship is entered into between the user and the partner offering the additional service. UMFEX assumes no liability for partners and their additional services, unless they involve contractual obligations under the user contract concluded with UMFEX.
If a user’s information should change following registration, the user is obliged to promptly notify UMFEX of such changes by making the appropriate changes to his user account data. UMFEX must be notified of such changes by e-mail sent to email@example.com.
The user can withdraw in writing his consent to these GTCs and to the user contract within two weeks after completing the registration process. To meet this deadline, it suffices if the user sends in the revocation punctually by mail to: USUS doo, Kidričevo naselje 6, 9252 Radenci or by email to firstname.lastname@example.org.
On-going exchange transactions must be completed even when revocation has occurred in accordance with deadline. The right of withdrawal expires regardless of deadline once the member lists an item on the exchange platform or requests an item listed there.
The member may terminate the user contract at any time once all exchange transactions have been completed.
The right to block a user remains thereby unaffected.
The UMFEX charges no separate fee for the registration process.
Obligation to Pay, Due Date, Method of PaymentAll UMFEX services provided to a user will be charged in accordance with currently valid price schedules. The period of validity is shown in the price schedules.
All fees are due for immediate payment.
The user is prohibited from making improper use of the service TAUSCHPALAST. Improper use consists, for example, in the following:
The same also applies to the registration process.
Should the user fail to comply with one of the obligations referred to in the preceding section, he is obliged to refrain from further infringement, to compensate UMFEX for any damage it incurs and to indemnify and release UMFEX from any and all claims for damages and for reimbursement of expenses lodged by other users or third parties arising from such breach. This includes costs of legal prosecution, including all court costs and lawyer fees. Other rights held by UMFEX, in particular as regards blocking of content and termination the user contract, remain thereby unaffected.
The Operator reserves the right to block members from accessing the system without specifying cause. Upon providing notice specifying a deadline, UMFEX is entitled to deny the user access to UMFEX via his user account, if the deadline passes without effect.
In particular, access may be blocked for:
Improper use exists in particular when the user
The block on access will be maintained in order to prevent UMFEX from incurring liability until such time as the user demonstrates or proves the legality of the content he has provided. The same applies to investigations by the public prosecutor. Blocking of access is excluded only in cases involving clearly unfounded third-party warning notices.
In the event his access is blocked, the member cannot access the exchange transactions via his member account at UMFEX. While access is blocked, other users cannot access information provided by the suspended user. A threat to block access may also be accompanied by a demand note. During the period in which access is blocked, the user is obliged to pay any fees that may accrue since UMFEX still retains the user’s data material.
In exigent circumstances, prior notice may be waived. If during the period in which he is blocked, the Member continues to be in default of payment on a receivable, UMFEX is entitled to delete the user’s data material without prior notice.
Termination of the user contract by a user must be made in writing or in text form and directed to the Operator’s mailing address or sent by e-mail.
The user contract may be terminated by UMFEX with a notification period of 14 days at the end of the month. Users can terminate the contract at any time without notice.
Both sides are entitled to terminate the contract for good cause without notice. Good cause exists, entitling UMFEX to extraordinary termination, in particular when
Extraordinary Termination after Providing Cautionary Notice
Extraordinary termination may occur after providing cautionary notice specifying a deadline, if the user culpably violates the specified obligations and the conduct objected to continues past the deadline, or the conduct has repeatedly resulted in blocked access.
The user’s data material will be deleted.
All of the user’s entries will be deleted. Pending purchase transactions may potentially be terminated in favour of the requesting user.
By posting equipment or a service in UMFEX, the offering user is making a binding offer for a purchase transaction involving the equipment or service offered. The acceptance period is met if the offering user receives a request message regarding the offered equipment or service from a requesting user within the period in which the offered equipment or service is available in UMFEX. Upon receipt of the request message as declaration of acceptance, the contract for purchase is considered as concluded and shall be executed by both users. The offering user is required to ship the equipment to or perform the service for the requesting user. The requesting member is obliged to report receipt of the article to UMFEX and to make payment for the item/service received.
The Operator is not involved in this contract and only provides the technical platform for the purchase process. Performance on the contract occurs exclusively between the users.
General statutory provisions shall apply to the legal relationships between the users, in particular applicable provisions on purchase transactions along with associated warranty rights and, where applicable, the Distance Selling Act (Fernabsatzgesetz).
Where the parties have not agreed otherwise, the transfer of risk is governed in principle by the Slovenian Code of Obligations. Different rules for transfer of risk do not affect the obligation to pay the brokerage fee. The sender is obliged to ensure that the equipment is properly packaged in order to help avoid damage during transport.
The member is required to use his own scans, photos, texts in describing the item. The Member grants to the platform Operator free of charge and for an indefinite period the use of this description in a wide variety of circumstances and consents to the potentially unlimited and indefinite manipulation of the respective elements of the description.
It is prohibited to offer equipment and services where such offer, sale, or purchase violates legal statute, third party rights, the terms of this contract, or public decency. In particular, only such equipment and services may be described or offered that relate to the beverage industry.
UMFEX reserves the right to delete equipment and service offerings where there is tangible evidence that these violate current statutes or these GTCs. Furthermore, for serious offenses UMFEX reserves the right to exclude the user from the exchange platform and, where appropriate, to take legal action and/or to relay the data of the person concerned.
The Operator is liable to users for damages that can be attributed to a breach of contract arising from gross negligence or intent on the part of the Operator. The Operator bears no liability to provide compensation for indirect losses, in particular for lost profits resulting from the use of UMFEX as a brokering platform. Where losses are the result of intent or gross negligence on the part of the Operator or the Operator’s legal representative, liability shall be limited to such losses typically foreseeable at the time the contract was concluded.
There is no liability for free services.
There is no liability for misuse resulting from the unauthorised use of the user’s username and password, where the user is at fault.
The user’s personal data is not provided to third parties. The user agrees that the Operator may electronically store the personal data he provides during the registration process and that this data may be processed in accordance with statutory regulations on data protection.
The Operator only processes the personal data of users as is necessary to provide the UMFEX services listed above.
After termination of the contract, the user’s personal data is deleted insofar as there are no statutory obligations requiring their retention. In such instances, access to the data will be blocked.
The place of performance of all services provided by UMFEX is 9252 Radenci, Slovenia.
UMFEX is entitled to change or amend these GTCs. If the user does not object to the modified terms within a period of four weeks after receiving notification of the modification, the new GTCs shall also be effective as announced for existing contractual relationships. If the member objects within the prescribed period, UMFEX has the right to terminate the contract at the point in time when the modified terms take effect.
If any provision of these GTCs is invalid, the remaining provisions shall remain thereby unaffected. The invalid provision shall be replaced by one which in a legally effective manner approximates as closely as possible the meaning and purpose of the invalided provision. The same applies to any potential loopholes.
If the user is a business, the user contract, including these GTCs, is subject to the substantive law of the Republic of Slovenia, excluding the UN Convention on the International Sale of Goods.
If the user is a consumer, the user contract and the GTCs are subject to the laws of the Republic of Slovenia, if no binding statutory provisions, in particular consumer protection rules, preclude it.
Murska Sobota shall have exclusive jurisdiction for all claims arising from and based on the contractual relationship between UMFEX and the user, including legal actions relating to checks and bills of exchange as well as all disputes between the parties arising from the formation of, performance on or termination of the user contact, where the member is a registered merchant, legal entity under public law, or special fund under public law.