BioTrading Terms and Conditions

BioTrading Terms and Conditions are composed of:

A- Buyer’s and Seller’s Joint Trading Terms and Conditions

B- Seller’s Agreement and Registration to Trade on BioTrading’s Website

C- Buyer’s Agreement and Registration to Trade on BioTrading’s Website

A - Buyer’s and Seller’s Joint Trading Terms and Conditions

This page (together with the documents referred by it or to it) sets out the terms and conditions that apply to your use of the trading facility on our Website. We suggest you save and print a copy of your Registration document and these terms and conditions. Upon registration, you will need to click on the button marked as "Register" at the end of the registration process and by doing so you agree to be bound by the terms and conditions set out or referred to, including those below. If you do not accept these terms and conditions, you will not be able to register or participate in any listings on our site. By using our site in any way, you accept and agree to all the terms and conditions referred to.

1. Who we are and how to contact us

We own and operate the website www.BioTrading.co.uk. We are Veolia ES (UK) Limited, a company registered in England and Wales under company number 02481991 and our registered office and main trading address is at 210 Pentonville Road, London N1 9JY. Our VAT number is GB 530 0088 93. Any reference to BioTrading on our Website or terms and conditions is to Veolia ES (UK) Limited.

To contact us please use the page Contact us of the website.

2. Definitions

Buyer means a UK registered company or charity who has been registered and approved by BioTrading to bid for, purchase or otherwise receive Organic Material on the Website.

Details means the information completed by the Buyer or Seller in its Registration Form and accepted by BioTrading.

Introduction means the service BioTrading provides by connecting Buyer and Seller on the Website.

Introduction fee means the fee to be paid to BioTrading by the Buyer winning an auction or securing a direct sale Offer. Such fee shall be 10% of the Organic Material Price or £15 whichever is the higher.

Offer or Listing means any offer by a Seller to sell or otherwise transfer Organic Material on the Website.

Organic Material means the organic waste or food for redistribution, that are listed as such on the Website and described in the list of categories and EWC (European Waste Catalogue) codes available on the Website as may be updated from time to time.

Organic Material Price means the sum proposed or accepted in respect of Organic Material offered by the Seller on the Website. Such sum may be payable either by the Buyer to the Seller or the Seller to the Buyer (revenue or gate fee).

Seller means a UK registered company or charity who has been registered and approved by BioTrading to place Organic Materials for sale, auction or other transfer on the Website.

Valid Jurisdiction: the United Kingdom.

Website means the website www.biotrading.co.uk and its associated pages / links.

3. Your Status

By using our site, you warrant that:

3.1 You are legally authorized to enter binding contracts;

3.2 You are a company or a charity registered in the United Kingdom and individuals acting on your organisation’s behalf are at least 18 years old and duly authorised to act for it. Any discovered to be under the age of 18 or under the permitted age to enter into a binding contract will be deemed as invalid and could be liable for costs and bid cancellation.

3.3 The address you provided on registration is your Company’s or charity’s registered office address or usual place of trading;

3.4 You have a valid and active e-mail address. Please note that any notice shall be deemed duly given within 24 hours after being sent to the e-mail address you have provided.

3.5 As a Buyer and/or Seller you or the companies you employ as carriers are registered with the applicable regulators as a waste carrier.

3.6 As a Buyer and/or Seller you have the appropriate environmental permits or waste management licences to handle, transport or otherwise use the Organic Material in the ways required to carry out any transaction undertaken through the Website.

3.7 As a Buyer and/or Seller you are able to, and shall, ensure that the waste Duty of Care is complied with at all times and that waste transfer notes are kept in accordance with the applicable regulations.

3.8 As Buyer and/or Seller of food waste you must comply with the requirements of the EU Animal By-Products Regulations (EU 1069/2009 and  EU 142/2011) and the Animal By-Products (Enforcement) Regulations in England, Scotland and Wales wherever applicable.

3.9 As a Buyer and/or Seller intending to supply food products for use as animal feed you must comply with the requirements of the EU Feed Hygiene Regulation (EU 183/2005).

If you do not fulfil these requirements then we shall have, inter alia, the right to delete your registration and prevent you from registering again in the future.

4. Registration and Operating of your Account

4.1 During the registration process, you must provide a password and a valid e-mail address which is not offensive or misleading, does not offend common decency and does not infringe the rights of any third parties. User accounts created during registration are non-transferable and may be used by you as or on behalf of your company or charity. As your account administrator, you are solely responsible for your profile and any activity on it, and must keep your password and login details confidential and secure at all times. If you become aware of any unauthorized use of your profile or password, you must notify us at contact@biotrading.co.uk immediately. We will not be liable for any loss or damage caused by any unauthorized use of your profile or logins.

4.2 We reserve the right to temporarily or permanently disqualify you and/or disable your account when, in our reasonable opinion, you have breached (or intend to breach) these terms and conditions. You may also be disqualified or your account may be disabled temporarily or permanently if:

  • 4.2.1 Such action will protect the rights of other users of our site; and/or in order to prevent misuse of a credit card holder's information and/or payment details.
  • 4.2.2 To prevent unauthorized manipulation or use of our site (for example, without limitation, non-payment for bids, use of an unauthorized third-party bidding software or set up of unauthorised multiple user accounts by you).
  • 4.2.3 You provide any false or misleading information particularly, but not limited to, the description of any Organic Material.
  • 4.2.4 You provide, or attempt to provide, information or descriptions (including but not limited to any which facilitate direct contact between the Buyer and Seller) intended to circumvent or avoid transactions initiated on the Website.
  • 4.2.5 You have previously not paid for products won on our site.
  • 4.2.6 Payment by you was previously blocked or refused for any reason whatsoever.
  • 4.2.7 You and one or more other users agree, discuss or otherwise co-ordinate your offers in an attempt to increase your overall possibility of winning above what would otherwise be the case if you acted separately.
  • 4.2.8 A fraudulent credit or debit card is used or the bank or other credit institution reverses the credit or debit card transaction, for a BioTrading Fee or any other payment.

4.3 Should your account be inactive for 12 months, BioTrading reserves the right to close or suspend your account on the grounds of customer safety, we will notify you of this closure via your original email, if you attempt to login after this period you may need to re-register.

4.4 At no time should you attempt to undertake negotiations or transactions on the sale or purchase of Organic Material other than through the Website and, if you do, your registration and account will be liable for closure and or suspension and you will be liable for costs associated with the lost sale revenue.

4.5 You should only bid on Organic Material you intend or wish to purchase and have the funds to do so, never bid on Organic Material that is beyond your financial capability.

4.6 You should never create a listing for Organic Material you do not have or is not owned by you, you should always have full capability to sell the Organic Material you list without limitation.

4.7 We reserve the right to take whatever action we consider appropriate if you have acted fraudulently in instituting a charge-back.

5. Membership / Registration

5.1. BioTrading is free to join and list listings, there is no annual subscription or fees to the Seller.

5.2 Cancellation: you or BioTrading may cancel your registration at any time by an email to or from the following address: contact@biotrading.co.uk. Please state your username with any request.

6. Transactions

6.1 BioTrading is an introduction service. BioTrading will use reasonable endeavours to gather relevant documentation provided by Buyers and Sellers at registration and check that Buyers can only purchase, bid and otherwise deal on listings that are matching the EWC codes they are allowed to purchase or receive according to the documentation they provide. However, BioTrading is not responsible of the validity of the permits and licences and does not guarantee either party’s compliance with any applicable regulations.

The sale and purchase transaction (excluding the Introduction fee payment and any BioTrading provided haulage service) shall be a contract exclusively between the Buyer and Seller. It is therefore the Buyer and Seller’s responsibility to ensure that the Seller’s terms (or any other terms agreed) are acceptable to both parties including but not limited to payment, the quality and volume of Organic Material, transfer of ownership and risk and all other arrangements and paperwork for collection and/or delivery of the Organic Material. Liability for and enforcement of the sale and purchase contract shall be for and between the Buyer and Seller only.

6.2 The following details will be provided in relation to each Organic Material listed on the Website:

  • 6.2.1 Product Name
  • 6.2.2 Weight (tonnage)
  • 6.2.3 Organic Material Type (including EWC code in the case of Waste Product)
  • 6.2.4 Location (County level)
  • 6.2.5 Material Condition
  • 6.2.6 Material Pictures (actual, not generic or stock photos)
  • 6.2.7 Description mentioning all elements the Seller intends to share with potential buyers (including but not limited to analysis, own standard terms and conditions, possible haulage capacity)
    • 6.2.7.1 Please note that description information which facilitates direct contact between Buyer and Seller will lead to the rejection of the Product listing by BioTrading
  • 6.2.8 Fixed Price (excluding VAT and any other taxes) in case of direct sale
  • 6.2.9 Start Price (excluding VAT and any other taxes) and Minimum Increment in case of auction ; any new bid must be at least equal to the sum of the highest bid and the minimum increment
  • 6.2.10 Reserve Price (excluding VAT and any other taxes) in case of auction (not displayed)
  • 6.2.11 Start and End Times in case of auction
  • 6.2.12 Expiration duration in case of auction (duration set by the Seller to the winning Buyer to pay the Introduction fee, not displayed)

6.3.1 Where the Organic Material Price requires a payment by the Buyer to the Seller the Buyer shall pay the Introduction fee directly to BioTrading and the Buyer shall pay the balance of the Organic Material Price (i.e. less the Introduction fee) to the Seller. Where the Introduction fee is greater than Organic Material Price the Buyer shall be separately entitled to claim any unrecovered element of the Introduction fee from the Seller.

6.3.2 Where the Organic Material Price requires a payment by the Seller to the Buyer, the Buyer shall pay the Introduction fee directly to BioTrading and the Seller shall pay to the Buyer the Organic Material Price plus a sum equal to the Introduction fee.  

On this basis the Parties acknowledge that the Buyer shall always have initial responsibility for paying the Introduction fee to BioTrading but the Seller will always have responsibility and control for factoring in the cost of the Introduction fee when setting the Organic Material Price (whether as a fixed price, start price or proposed gate fee).

6.4 The winning Buyer will be whoever is the first to accept the fixed Organic Material Price (in respect of fixed price sales) or the Buyer bidding the highest price when the End Time is reached (in respect of auctions) if above the reserve price. No sale will take place if the reserve price is not reached.

6.5 Upon a winning offer being secured and the Introduction fee being paid by the Buyer to BioTrading, BioTrading shall disclose each of the Seller’s and Buyer’s details to the other. Within 7 working days of such disclosure the successful Buyer should contact the Seller and they shall enter into a sale and purchase agreement based on the sale/transfer details for the Organic Material provided on the Website (including the price as described in article 6.3 and the Seller’s conditions as per the listing description). Such terms and conditions may be varied by agreement of the Buyer and Seller but no such variations shall require the return of the Introduction fee.

6.6 If there is no activity on a listing for a period of at least 336 hours and there has been no bid at all on this listing, that listing may be closed, if a listing is closed the Seller will be entitled to re-list their auction.

6.7 The Seller has the right to cancel its listing at any time during the course of an auction, even where bids have been submitted, with no liability to any Buyers for such cancellation.

6.8 BIOTRADING RESERVES THE RIGHT TO

  • 6.8.1 Limit the number of offers you may participate in or win at our own discretion.
  • 6.8.2 To suspend and /or delete and /or restart a listing at any time including but not limited due to technical problems and /or to investigate suspected irregular and /or fraudulent activity (including the use of any automatic bidding programs or other automated or abusive processes or uses).
  • 6.8.3 Participation in our listings on our website is strictly based on individual company or charity participation only. Registered members are not permitted to make offers on each other’s listings in an effort to raise an active price, any collaboration between users or use by proxy of any kind is strictly forbidden.
  • 6.8.4 Should we gain knowledge of any collaboration between two or more users in any listing, we will suspend immediately without any notice the said user's activities on our website until a thorough inspection is conducted.
  • 6.8.5 Should the case of collaboration reoccur; the said users may be permanently banned from participating in any listing at on our website.
  • 6.8.6 It is emphasized that for the purposes of this section the term "collaboration" means also one user participating in a listing under two different usernames.

7. Cancellation

7.1 Any cancellation of, or dispute relating to, the sale and purchase of the Organic Material between the Seller and the Buyer after a winning offer has been secured shall be a matter exclusively for the Seller and Buyer. BioTrading shall have no liability in respect of such matter.

7.2 The above provisions do not and may not affect or derogate from the Buyer and Seller’s statutory rights.

8. Haulage

8.1 Haulage arrangements and pricing may be agreed separately between the Buyer and Seller. On request BioTrading will provide a Buyer with a haulage price for a given sale of Organic Material.  Where BioTrading’s price is accepted and agreed by the Buyer such haulage service will be provided by BioTrading.

8.2 Haulage will be carried out by BioTrading or by a third party courier service engaged by Biotrading.

8.3 BioTrading will use the Organic Material collection address and details provided by the Seller and the shipping address and details provided by the Buyer on the website to organise haulage, including communicating these details to a third party company for this purpose.

8.4. All details necessary to the haulage provision, including but not limited to any preference of delivery date and time, access instructions or access constraints for both collection point and end destination, must be provided by the Buyer to BioTrading by email at the initial haulage request.

8.5 BioTrading might request more information from the Buyer, regarding the collection point or end destination.

8.6 If the access conditions are not such as described by the haulage requester, and the driver attempted the delivery but failed to complete it for this reason, the haulage costs will be charged.

8.7 If no one is available at your address to take the delivery at the agreed date and time, the haulage costs will be charged.

8.8 Haulage shall be conditional upon unencumbered access to the address either by vehicle and/or on foot and you shall be responsible for informing us in advance of any access restrictions to the delivery address.

8.9 The haulage payment can be made using the website credit card facility ahead of the service provision or using the deferred payment facility as described in the third part of these Terms and Conditions “C - Buyer’s Agreement and Registration to Trade on BioTrading’s Website”, point 12.

8.10 Organic Material damaged by you, your servants or agents whilst unloading is your responsibility.

8.11 At no time shall BioTrading or its appointed hauliers take ownership of, or title in, the Organic Material. Such ownership and title shall at all times be either the Buyer’s or the Seller’s as may be set out in the direct sale and purchase agreement between the Buyer and the Seller.

9. Refund Policy

9.1 Except to the extent caused by BioTrading’s negligence or breach of this Terms and Conditions, where the transaction between Buyer and Seller is not completed, or has only been part completed, any return to a Buyer of the Introduction Fee shall be at the sole discretion of BioTrading following an investigation of the reasons for cancellation.

10. Privacy and Your Personal Data

10.1 We will process information about you in accordance with an industry standard privacy policy available here. You consent to such processing and you warrant that all data provided by you is accurate. We confirm your information will be kept secure by us and not sold or transferred to a 3rd party or entity outside BioTrading, except to other Buyers and Sellers or hauliers pursuant to these terms and conditions.

11. Our Liability

11.1 Our site is for use in the United Kingdom only, we offer no guarantees of the validity of the listing or description of the Organic Materials listed, it is the Seller’s responsibility to provide listings that have an accurate description, and the Buyer’s responsibility to check them. We are only an introduction service.

11.2 Our liability for losses you suffer because of us breaking this agreement is strictly limited to the Introduction Fee for the Organic Material you bid on or purchase.

11.3 This does not include or limit in any way our liability under law:

  • 11.3.1 for death or personal injury caused by our negligence.
  • 11.3.2 under section 2(3) of the Consumer Protection Act 1987.
  • 11.3.3 For fraud or fraudulent misrepresentation; or
  • 11.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

11.4 We are not responsible for indirect losses and/or damages of any sort, including but not limited to:

  • 11.4.1 Loss of income or revenue.
  • 11.4.2 Loss of business and/or opportunity.
  • 11.4.3 Loss of profits or contracts or bids.
  • 11.4.4 Loss of anticipated savings.
  • 11.4.5 Loss of data, or

11.5 In addition, we will not be liable for:

  • 11.5.1 Faulty operation of computers during offer placement and /or for incorrect or overly slow transmission of bidding data by the internet provider and /or any damage that occurs due to offers submitted by you not being received by us or not being received promptly or not being considered, because of technical faults with our software or hardware (whether or not they are within or outside of our control);
  • 11.5.2 Any losses arising from your or third party negligence
  • 11.5.3 Any failure to follow our instructions as to placing of offers.
  • 11.5.4 Any loss or damage due to viruses or other malicious software that may infect your computer equipment, software, data or other property caused by you accessing, using or downloading from our site, or from transmissions via e-mails or attachments received from us
  • 11.5.5 Any use of websites linked to our site but operated by third parties.

11.6 We use well-established and reputable third party payment service providers for the acceptance of online payments. While we endeavour to ensure that due care is exercised in handling credit/debit card information by these third-party payment service providers, we will not be liable for any compromise, misuse of this information or breach of security by these third-party payment service providers.

11.7 Any information or other materials provided by BioTrading on our site are provided solely as suggestions and are not intended to be relied upon without independent verification. BioTrading shall not be liable for any actions taken, or loss suffered, by any party as a result of such information or other materials.

12. Service Availability

12.1 Our site is intended for use in the United Kingdom. We do not accept orders from users from other areas.

12.2 Access to our site is permitted on a temporary basis, and we reserve the right to restrict or suspend access to our site or close it indefinitely. You are responsible for making all arrangements necessary for you to have access to our site and for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

13. Written Communications

13.1 Applicable laws require that some of the information or communications we may send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This provision may not effect or derogate of your statutory rights.

14. Notices

14.1 All notices given by you to us must be given to us at contact@biotrading.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when registering, or in any of the ways specified in paragraph 14 above. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail,that such e-mail was sent to the specified e-mail address of the addressee.

15. Transfer of Rights and Obligations

15.1 You may not transfer, assign, charge or otherwise dispose of a registered account, or any of your rights or obligations arising under it, without our prior written consent.

15.2 We may transfer, assign, charge, sub-contract or otherwise dispose of your registered account, or any of our rights or obligations arising under it, at any time during the term of the contract.

15.3 We are entitled to involve third parties to satisfy our contractual obligations without being required to notify you.

16. Our Right to Change these Terms and Conditions

16.1 We have the right to revise and amend these terms and conditions from time to time to reflect inter alia, changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

16.2 For this reason you should review the terms and conditions current at the time each new transaction as those terms and conditions will be the ones applicable to that transaction.

17. Viruses, Hacking and Other Offences

17.1 You must not abuse or misuse our site, including by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial of service attack or a distributed denial of service attack. You must not attack, breach, trespass, copy, hack, download, duplicate, and reverse-engineer or otherwise use the site for any other purpose our site by any other means whether recognized as an attack vector or not. You may not post any form of spam, phishing or advertising on our sites including other site we may use.

18. Force Majeure, Events Outside our Control and System Outages

18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

18.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • 18.2.1 Strikes, lock-outs or other industrial action;
  • 18.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • 18.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • 18.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • 18.2.5 Impossibility of the use of public or private telecommunications networks, including system outages; and
  • 18.2.6 The acts, decrees, legislation, regulations or restrictions of any government.

18.3 Our performance is deemed to be suspended for the period that the Force Majeure event continues, and we will have an extension of time for performance for the duration of that period. Parties will mutually use reasonable endeavours to bring the Force Majeure event to a close or to find a solution by which obligations under these terms and conditions may be performed despite the Force Majeure Event

18.4 A system outage may occur, due to an unforeseeable disruption in a system, and some or no bids will be submitted or logged as a result. In such a case, listings will be temporarily halted and the remaining times for the listings and the current highest unique bidder will be maintained. After the disruption has been resolved, the listings will be continued. Temporarily halted listings will be clearly indicated to the extent possible.

19. VAT

19.1 Prices shown in the listings do not include VAT or any other taxes.

19.2 The Buyer (or Seller if negative final amount) must assume that VAT will be chargeable by the Seller (or Buyer if negative final amount) at the applicable rate in addition to the stated price, unless specifically stated to the contrary by the Seller in the product description (or by the Buyer if applicable).

19.3 The Introduction fee will in any event be subject to VAT.

20. General

20.1 We are the owner or licensee of all intellectual property rights on our site and the material published on it. Those works are protected by copyright laws and treaties around the world and all rights relating to the same are reserved. You may not modify any paper or digital copies of any materials neither printed or downloaded nor use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You may not use any part of the materials of our site for commercial purposes. Products and trademarks may be subject to intellectual property and/or other proprietary rights of their respective owners.

20.2 We make every effort to ensure the description of our services on our site are as accurate as possible but responsibility for the actual description of Organic Material rests with the Seller and, through checking, with the Buyer. The information on our site may contain inaccuracies or typographical errors.

20.3 If we fail, at any time during the term of a listing, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 15.

20.4 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any purchase contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

20.5 Neither you nor us will have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any completed listing (unless such untrue statement was made fraudulently) and the other party's only remedy will be for breach of contract as provided in these terms and conditions.

20.6 We reserve the right to take action and/or seek any remedy available under any law and jurisdiction, including injunctive relief, against anyone who, in our opinion, is in breach of these terms and conditions. Such action includes, without limitation, terminating your registration and terminating access to our site and listings on our site.

20.7 The language applicable to any contract entered into pursuant to this website shall be English. Upon acceptance by BioTrading of your registration the contract will be concluded on the terms set out herein including the completed Registration form. Details of the registration will be kept securely by BioTrading and available upon request by the relevant party by sending an email request to BioTrading at the email address stated above.

21. Law and Jurisdiction

21.1 Any dispute or claim arising out of or in connection with these terms and conditions or products (including non-contractual disputes or claims) will be governed by the law of England and Wales. Any dispute or claim arising out of or in connection with purchase contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.

B - Seller’s Agreement and Registration to Trade on BioTrading’s Website

This Agreement is made between:-

Parties:-

Veolia ES (UK) Limited, a company registered in England and Wales under company number 02481991 and our registered office and main trading address is at 210 Pentonville Road, London N1 9JY (“Veolia” or “BioTrading”); and

The company or charity whose name and details are set out in the completed registration form (“the Seller”)

(individually “Party” and together “Parties”)

It is agreed as follows:-

Preliminary matters

1) This Agreement is conditional upon BioTrading’s acceptance of the Seller’s registration details.

2) The Parties acknowledge that the use of the Website and the trading opportunities provided by this Agreement comprise mutual and valuable consideration.

3) Definitions:-

The capitalised and defined terms used in this Agreement and in the other Documents shall apply in full unless specifically stated to the contrary.

4) The Seller acknowledges that it has read, accepted and hereby agrees to be bound by a) the General terms of website use here, b) BioTrading’s privacy policy here, the Buyer and Seller joint Trading Terms and Conditions here and this Agreement (together the “Documents”).

5) The Seller warrants that the registration details are correct and acknowledges that they may be relied upon by BioTrading and the Buyer in any transaction between them relating to the Organic Material.

6) The Seller must only use photographs of the actual Organic Material it is selling and NOT generic or stock photographs, it is the Seller’s responsibility to take photographs so the potential Buyer can assess the Material in detail, up to 3 photographs can be added to a listing. Using stock or generic photographs is forbidden and could leave the Seller vulnerable to a quality claim from the Buyer.

Transactions

7) By submitting to BioTrading the details of any Organic Material for sale/auction/transfer on the Website the Seller agrees that BioTrading may set up a sale/auction/transfer page for the Organic Material. The Seller shall complete all the details set out in the New Product Form for inclusion on the sale/auction/transfer page. Such details shall in any event fairly and accurately describe the Organic Material in accordance with good industry practice.

8) When a Buyer either a) confirms its agreement to the transaction relating to the Organic Material at the Organic Material Price offered on the Website or b) has offered the highest price at the close of an auction, the Seller shall be obligated to complete the transaction relating to the Organic Material in accordance with the Documents.

9) The Seller acknowledges that the Organic Material Price shall be exclusive of taxes. The Seller acknowledges and agrees that BioTrading may request payment of the Introduction fee from the Buyer at any time after the required Organic Material Price has been placed by the Buyer and that a) in the case of payments by the Buyer to the Seller, the Seller will receive from the Buyer the Organic Material Price less the amount of the Introduction fee and, where the Introduction fee is greater than Organic Material Price, the Buyer shall be separately entitled to claim any unrecovered element of the Introduction fee from the Seller and b) in the case of payments by the Seller to the Buyer, the Seller shall pay the Organic Material Price together with a sum equal to the Introduction fee paid by the Buyer to BioTrading.

10) BioTrading shall disclose the identity and details of the Buyer to the Seller on, but not before, receipt of the Introduction fee. The Seller consents to BioTrading disclosing the Seller’s identity and details to the Buyer at the same time.

11) The Seller shall enter into a direct agreement with the Buyer for the transaction relating to the Organic Material after being contacted by them within 7 working days of being provided with their details by BioTrading. Such direct agreement shall be for the amount described in article B-9) above on the Seller’s standard terms as provided on the listing and in accordance with the listing details on the Website. Except to the extent caused by BioTrading’s negligence or breach of this Agreement, where the transaction is not completed, or has only been part completed any refund of the Introduction Fee shall be repayable to the Buyer at BioTrading’s sole discretion.

12) The Parties acknowledge that this Agreement is subject to the Contracts (Rights of Third Parties) Act 1999 to the extent that it affects the interests of any Buyer but is not otherwise enforceable by a third party

13) By submitting the Registration details the Seller agrees to be bound by the Documents as identified above.

C - Buyer’s Agreement and Registration to Trade on BioTrading’s Website

This Agreement (the “Agreement”) is made between:-

Parties:-

Veolia ES (UK) Limited, a company registered in England and Wales under company number 02481991 and our registered office and main trading address is at 210 Pentonville Road, London N1 9JY (“Veolia” or “BioTrading”); and

The company or charity whose name and details are set out in the completed registration form below (“the Buyer”)

(individually “Party” and together “Parties”)

It is agreed as follows:-

Preliminary matters

1) This Agreement is conditional upon BioTrading’s acceptance of the Buyer’s registration details.

2) The Parties acknowledge that the use of the Website and the trading opportunities provided by this Agreement comprise mutual and valuable consideration.

3) Definitions:-

The capitalised and defined terms used in the Agreement and in the other Documents shall apply in full unless specifically stated to the contrary.

4) The Buyer acknowledges that it has read, accepted and hereby agrees to be bound by a) the General terms of website use here, b) BioTrading’s privacy policy here, the Buyer and Seller joint Trading Terms and Conditions here and this Agreement (together the “Documents”).

5) The Buyer warrants that its registration details are correct and acknowledges that they will be relied upon by BioTrading and the Seller in any transaction between them relating to the Organic Material.

Transactions

6) When the Buyer either a) confirms its agreement to the transaction relating to the Organic Material at the price offered on the Website or b) has offered the highest price at the close of an auction, the Buyer shall be obligated to complete the transaction relating to the Organic Material in accordance with the Documents.

7) The Buyer acknowledges that the Organic Material Price shall be exclusive of taxes. The Buyer acknowledges and agrees that BioTrading may request direct payment of (and the Buyer shall pay) the Introduction fee at any time after the Buyer becomes obligated to complete the transaction as required at Clause 6 above and that a) in the case of payments of the Organic Material Price by the Buyer to the Seller, the Buyer shall pay the Seller the Organic Material Price less the amount of the value of the Introduction fee and, where the Introduction fee is greater than Organic Material Price, the Buyer shall be separately entitled to claim any unrecovered element of the Introduction fee from the Seller and b) in the case of payments of the Organic Material Price by the Seller to the Buyer, the Seller shall pay the Buyer the Organic Material Price together with a sum equal to the Introduction fee.

8) BioTrading shall disclose the identity and details of the Seller to the Buyer on, but not before, receipt of the Introduction fee mentioned at Clause 7) above. The Buyer consents to BioTrading disclosing the Buyer’s identity and details to the Seller at the same time.

9) The Buyer shall contact the Seller within 7 working days of being provided with the Seller’s details by BioTrading and enter into a direct agreement with the Seller for the transaction relating to the Organic Material. Such direct agreement shall be for the amount described in article C-7) above, on the Seller’s standard terms as provided on the listing and in accordance with the listing details on the Website. Except to the extent caused by BioTrading’s negligence or breach of this Agreement, where the transaction is not completed, or has only been part completed any refund of the Introduction fee shall be repayable to the Buyer at BioTrading’s sole discretion.

10) The Parties acknowledge that this Agreement is subject to the Contracts (Rights of Third Parties) Act 1999 to the extent that it affects the interests of any Seller but is not otherwise enforceable by a third party.

11) By submitting the Registration details the Buyer agrees to be bound by the Documents as identified above.

12) As an alternative to immediate payment of the Introduction fee by card the Buyer may complete an application for deferred payment approval. If this application process is approved by BioTrading, the Buyer may use the facility for payment by providing a purchase order number (as part of the form) and an electronic version of the purchase order, which the Buyer hereby confirms will, within 30 days, result in payment of any invoice submitted by BioTrading in respect of any Introduction fees incurred by the Buyer. The payment options may evolve. The payment approval process may include the provision of referees by the Buyer and it is therefore recommended that Buyers wishing to use this option complete the approval process prior to entering into any transactions.

These terms and conditions were last updated on: 28th March 2018.