TERMS AND CONDITIONS

BargainIndo b2b wholesale trading platform terms and conditions.

General Provisions

  1. The payment operator of https://bargainindo.com/ is BargainIndo Ltd, registered in the Indonesia.
  2. The owner of the BargainIndo trademark and BargainIndo trading platform itself is BargainIndo Ltd (hereinafter BargainIndo) registered in Indonesia.
  3. Access to the BargainIndo platform is prepaid, in accordance with 2 of these terms and conditions.
  4. All declarations of intent and contracts submitted through BargainIndo are executed directly and entirely between the users of the platform, outside of it. BargainIndo is therefore only a platform of communication between users, not a party of the deals or contracts clinched between them.
  5. Upon registration, the user accepts the terms and conditions of BargainIndo b2b wholesale trading platform.

Registration and custom database

  1. The user can register by completing the application form available at the website. Upon registration, a user accepts these terms and conditions. The user is allowed to utilize BargainIndo after completing the payment of the subscription fee.
  2. BargainIndo rejects any claims for registration or activation of the user’s account. BargainIndo reserves the right to refuse the conclusion of the contract without giving any reasons, in particylar because of: a. giving false information during registration;b. doubts about the legitimacy and legal existence of a userb. doubt or suspicion about the credibility and solvency of a user; c. suspicion of fraudulent conduct on the BargainIndo b2b wholesale trading platform or BargainIndo of a competitive activity. d. violation of BargainIndo b2b wholesale trading platform terms and conditions.
  3. If a user is a private individual, then he or she must be of legal age and have full legal capacity.
  4. A company, or a private individual confirms that all information given during the registration are correct and valid.
  5. It is not possible to claim for access to the platform because BargainIndo has a full right to exclude a user during registration, and at any time during his or her registration to the website, for example, for security reasons and without giving any reason.
  6. There is no possibility of selling, reselling, or giving back access to another person or company. If this condition will be violated, the account will be removed.

Access, user identification and password

  1. User ensures that the username and password are protected against unauthorized access by third parties. In particular, a user undertakes not to share these information with people who are not users in the sense of  2, or which are not assigned to a user’s company (the extended right of access).
  2. Any unauthorized use of username or password, shall be immediately reported to BargainIndo. User is responsible for the unauthorized use of his or her login and password, unless he or she will prove, that the unauthorized access has been caused because of the factors, for which BargainIndo bears the risk.
  3. Access to the platform can be blocked when a user will enter incorrect password for three times in a row.
  4. The Customer’s access to the platform is not being renewed automatically. If the Customer will not renew his or her access to the platform, it will expire on the expiration date.

BargainIndo services

  1. BargainIndo shall offer diverse types of services according to their defined terms and conditions, and services that have been regulated in additional agreements between BargainIndo and the Customer.
  2. BargainIndo reserves the right to change the website’s design, as well as the offered features and services, at any time and without prior notice.

Rights and Obligations of the User

  1. User shall bear all costs of the connection required to access BargainIndo, the cost of using public Internet and the cost of purchase and maintenance of communication equipment necessary to use the platform.
  2. The users are communicating directly between themselves, on their own expenses and responsibilities. BargainIndo does not bear any responsibility for consequences of the transactions between the users.
  3. Each user of BargainIndo registered as a seller in the BargainIndo database while listing wholesale offers declares that he or she is familiar with and fully accepts the Rules of adding offers on the platform.
  4. Each user of BargainIndo  registered as a seller in the BargainIndo database while listing wholesale offers declares that the products  registered as a seller in the BargainIndo database while listing wholesale offers declares by them are original and coming from the legitimate sources.
  5. Each user is responsible for the correspondence exchanged with the other users. Bulk sending of messages with the same or similar content, spam, and any other form of aggregate and unwanted communication with BargainIndo users is prohibited. In cases of abuse, the User’s account may be suspended.
  6. The buyer has the right to issue a positive/neutral/negative comment about the seller within 2 months of the conclusion of the transaction. Counted from the issuing of the purchase invoice by the seller. There is a possibility to issue one comment for each concluded transaction.

The declarations of intent, actions and statements

  1. The declarations of intent, actions and statements made by a user at BargainIndo b2b wholesale trading platform, as well as any other legally significant actions, are the actions taken solely by user. BargainIndo does not operate in this matter either on its own behalf, or as a representative of a third party.
  2. BargainIndo is not responsible for making any of the disposal activities undertaken to complete transactions between users.

The processing, storage and data transmission

  1. Personal data provided by You on the BargainIndo platform are processed in accordance with applicable law and in accordance with the Privacy Policy
  2. By creating an account at BargainIndo, user allows BargainIndo to store and process his or her personal data, including the commercial purposes, and for safety reasons.
  3. BargainIndo is in particular authorized to process user’s data and email address in the following manner:

    a. to provide BargainIndo services

    b. communication during user’s subscription to BargainIndo, until the authorization shall be revoked by user.

    c. transfer them to authorized individuals within the framework of statutory obligations

    d. transfer them to third parties – public institutions in all cases where it will be subject to the legitimate interest of BargainIndo, resulting from user actions within the platform. User gives the necessary consent to the foregoing by accepting BargainIndo b2b wholesale trading platform terms and conditions.
  4. To users of BargainIndo platfrom, personal data of other users is disclosed only in cases provided for in the Terms and Conditions for the purposes of conducting transactions and in other cases, with the prior consent of the person to whom the data relates.
  5. BargainIndo platform user is obliged not to disclose to third parties information about other users, which they obtained in connection with the use of BargainIndo platform, unless it is necessary to carry out the transaction. In particular, it is prohibited to use this information for commercial purposes, especially to promote the User’s activities conducted outside BargainIndo in any form, ie:

    a.making proposals to purchase or sell goods outside the BargainIndo platform;

    b. attach to the shipped Merchandise, or in any other form, any content containing information about commercial activities conducted outside of BargainIndo (for example, leaflets advertising an online shop);

    c.creating accounts for users in online shops.

Warranty Disclaimer  BargainIndo liability is limited by the following provisions.

  1. BargainIndo is neither responsible for contracts and settlements concluded between the users, nor the data and information forwarded or shared between them.
  2. BargainIndo is not responsible for the items delivered by user to another user. In particular, BargainIndo accepts no responsibility for the accuracy and completeness of the data and statements provided by users, for the quality and suitability for use of goods and services to be provided by them, for any violation of the rights of third parties by the users, for their credibility and solvency.
  3. BargainIndo can not exclude with absolute certainty that the person who is known as a wholesale buyer or made or taken in through the platform BargainIndo statements will, in fact, exist. The actual authorship of the declaration of will is therefore uncertain. The user made an offer and therefore acting on the host at your own risk as to the existence of the contracting party.
  4. BargainIndo also can not exclude with certainty that the password will not come into the hands of unauthorized person by the customer to make declarations. Also, the risk is borne entirely by the client. Off is the responsibility of acting as a messenger BargainIndo without authorization, except for willful misconduct or gross negligence.
  5. Any complaint about the database is adopted for seven days after the start of the client access to the database. A complaint shall be entitled only to the timeliness of the database and included in their records (with complete data) with more than 3% of outdated addresses. We do not accept a complaint or a momentary lack of product availability is not the part www.merkandi.com and phone numbers and email addresses.
  6. All products and names appearing on the site are informative and do not constitute an offer within the meaning of the Civil Code. We do not warrant and is not responsible for the availability of products. We reserve the right to translation errors.

Disclaimer

  1. BargainIndo is not responsible for a temporary unavailability of the platform, in particular due to maintenance work, if the lack of access shall not exceed a total of 5% of the year in the calendar year, and the longer interruption in access will not be caused by intentionally or grossly negligence.
  2. BargainIndo is not responsible for the accuracy and / or completeness of the information, advice and recommendations contained in the website by other users.
  3. BargainIndo distances, in particular, to the content of urls related to the offers, their contents and authors, and is not responsible for the contents, transactions or damages arising from the use of such urls.
  4. BargainIndo is not liable for any damages arising from failures and errors while using software and hardware, and in particular in relation to technical faults on the Internet. In particular, BargainIndo does not accept any no-fault liability for damages that result from lack of access to the Internet, or as a result of faultless operation of the Internet, due to the use of software or hardware when using the website BargainIndo and erroneous or defective performance of contractual benefits because of problems technical software and hardware or the Internet. This applies in particular to the situation, when limitation of access to the services is caused by user’s ISP or an atypical user’s software.
  5. BargainIndo is not liable for damages resulting from an intentional breach of an essential contractual obligation. This also applies to inadvertently irrelevant obligation during negotiations, and statutory liability due to unintentional operation.
  6. In the case of liability, except for willful misconduct, the obligation to pay compensation is limited to damages typical and foreseeable, and in any case only to the amount of the average damage.
  7. BargainIndo is not responsible for the content of third party web sites, especially shopping sites which cane be found at BargainIndo platform.
  8. This limitation of liability shall apply mutatis mutandis to the legal representatives, employees and third parties, which uses BargainIndo in order to implement the provision.
  9. BargainIndo stresses that the buyer and the seller may be insured from possible damage.
  10. All names and trademarks used on this website are registered trademarks of their respective owners and are used for identification purposes only.

Jurisdiction, applicable law

  1. This order shall be governed by the laws of Indonesia. The application of the UN Convention on the International Sale of Goods is excluded, because the parties of the order exclude the application of the Law on Protection of consumer rights.
  2. The Indonesians Courts are the local jurisdiction for all contracts, orders included under these terms and conditions. BargainIndo reserves the right to to sue user in a court of competent jurisdiction for him or her.

Final Provisions

  1. The incorporation of general conditions of contracts or the client orders is not allowed.
  2. If any provision of these Terms and Conditions is in whole or in part legally invalid, or if they will loose their validity in the future, it will not affect the validity of the remaining provisions.
  3. The parties agree to replace legally invalid provision with a similar, yet valid one.