1. General definitions
The portal “Borzen OVE” is a pilot project designed for biomass trading.
The main services are to offer advertising space, which is restricted to segments “machinery and equipment” and “services” as well as the trading application. The latter is available only to the registered users – members.
The “Market Organizer”, “Portal Administrator” and “Application Administrator” is Borzen d.o.o.
The “Trading Application Manual” is available on the portal.
The “Instructions for Advertising” are available on the portal.
The “Registration Manual” is available on the portal.
The “Catalogue of Products” is available on the portal.
The “Portal” is an Internet page available at the address http://res.borzen.si/
The “Trading application” is available at the address http://res.borzen.si/
The official language of the Terms and Conditions and all other documents on the “Borzen OVE” portal is Slovene.
2. Membership
2.1 Conditions for membership
Any individual or company can become a member.
The member can determine up to two trading representatives beside the person in charge for trading. The member can also list up to 5 additional e-mail addresses for correspondence and automatic new bid notifications.
2.2 Procedure for membership
Online registration is done on the portal.
After the online registration the potential member is sent a written registration form by the Market Organizer.
The potential member has to return the confirmed form to the Market Organizer. These Terms and Conditions are the constituent and inseparable part of the registration.
2.3 Beginning and termination of membership
Membership begins when the Market Organizer receives the confirmed written form from the potential member. The Market Organizer notifies the member via e-mail.
Membership is terminated due to the following reasons:
- written request of the member,
- false or misleading information in the registration or in bids given,
- severe violation of the membership duties.
2.4 The rights and duties of a member
The member has the right to use the trading application.
The member is obliged to provide accurate and truthful data in its offers/bids, to assure seriousness of business, to report all modifications concerning the content of the registration in seven days at the latest or before entering of new bids or accepting bids. The member is also obliged to keep a record of entered bids and concluded deals.
Possible modifications concerning the content of the registration, except modifications concerning the trading representatives, do not influence entered, valid bids. The member has to report also the modifications entered on the portal, except the password. The modifications take effect from the moment, when the Market Organizer is notified about them.
The member’s duty is to protect the username and password for registration. It is not allowed to give the username and password to a third person.
The member commits itself to use the trading application and the portal in accordance with the Terms and Conditions.
2.5 Trading Representatives
If the member does not determine differently, the Market Organizer sends deal notifications to the person in charge and also to the trading representatives.
3. Bid
3.1 The content of a bid
The bid is determined by:
- type of product
- type of bid
- price
- quantity
- validity of bid
- sort of bid
- delivery deadline
- location
- actual location
- note
The “Type of product” is defined in the Catalogue of products. All products (product codes) that are traded on the Biomass Exchange (in the trading application) are defined and explained in the Catalogue of products.
In the event the Catalogue of products is modified (introduction of new products, retreat of old products), the Market Organizer informs the members with a notification on the portal and determines the period of transition.
The “Type of bid” can be “sell” or “buy”. The “sell bid” is an offer, where the bidder wants to sell the product. The “buy bid” is an offer, where the bidder wants to buy the product.
The “Price” is given in Euros (EUR), without taxation, per 1 unit of measure of the quantity of trading product.
The price is valid for delivery on the location of the seller. With the “location of the seller” is meant the location, given in the “bid to sell” as the “actual location” and in the “bid to buy” as the “location”. The price is a number with up to two decimals.
The “Quantity” is given in the unit of measure of the traded product, which is defined in the Catalogue of products. The quantity is an integer number value.
The “Validity of bid” is defined as the last day on which the bid is still valid. After this date the bid automatically disappears from the trading application.
The “Sort of bid” can be “whole” or “partial”. If the bid is “whole” it can be accepted only in whole quantity. If the bid is “partial” it can be accepted also partially, quantity wise. In the event of partial acceptance, the quantity in the bid is reduced by the accepted quantity. If the bid is accepted in whole, it disappears from the trading application.
The “Delivery deadline” is determined as a time limit in which the goods have to be available to the buyer, and the buyer summoned to collect the goods. The deadline of delivery is activated on the date the deal was concluded, that is the date the bid was accepted in the trading application.
“Promptly” in this context means within eight (8) days, at the latest. The buyer has to collect the goods within three (3) days at the latest, after the expiration of the delivery deadline. The buyer and seller bilaterally determine the exact time and place of collection.
The “Location” is a code, which determines the broader area, that includes the actual location. There are six codes for Slovenia and they are bond to the telephone codes of the stationary network in Slovenia (LJ (01), MB (02), CE (03), KR (04), KP (05), MS (07)). Other codes are: AUT (A), ITA (I), HUN (H), CRO (HR), BIH (BIH), SCG (SCG), BUL (BG), ROM (RO), SVK (SK), CZ (CZ), GER (G), SWI (CH), FRA (F), POL (PL), RUS (RU) (in the same order: Austria, Italy, Hungary, Croatia, Bosnia, Serbia and Montenegro, Bulgaria, Romania, Slovakia, Czech Republic, Germany, Switzerland, France, Poland and Russia).
The “Actual location” is the exact, actual address (street name and number, postal code, city, country). The actual location is visible only to the Application Administrator. In the “bid to sell” the “actual location” is the place, where the seller gives the goods at the disposal of the buyer. In the “bid to buy” the “actual location” is not necessarily the place where the seller (the member that accepts the “bid to buy”) gives the goods at the disposal of the buyer. The member that accepts the “bid to buy” is obliged to enable the delivery according to the price determined in the contract, somewhere in the area defined by the “Location”.
The “Note” is not an essential part of the bid. The bid is valid, if the note is left blank. The note is intended to provide further information about the product, especially when using generic codes (see Catalogue of Products). You may enter only information about the product characteristics (i.e. no addresses, telephone numbers or other contact information).
3.2 Entering a bid
The entering of a bid is done in the trading application as described in the Trading Application Manual.
3.3 Validity of a bid
The bid is valid from the moment of entering until the cancellation or until the date defined as the “Validity of bid”.
3.4 Cancellation of a bid
The bid can be cancelled. However, if the bid was accepted it cannot be cancelled. The rest of a partially accepted bid can be cancelled. The cancellation of a bid is to be done according to procedures described in the Trading Application manual.
4. Method of trading
Trading is done in the Trading Application according to the instructions laid out in the Trading Application Manual.
4.1 Acceptance of bids and concluded deals
Acceptance of bids is done in the Trading Application. One’s own bid cannot be accepted. At the moment that the bid is accepted, the deal is concluded.
4.2 Establishing contact between buyer and seller
After the bid is accepted, the Application Administrator sends a notification via e-mail to both members within two (2) working days.
The notification contains deal parameters and counterparty contact information.
Afterwards, the Market Organizer can send to both members a non-compulsory questionnaire concerning the actual execution of the deal.
4.3 Trading time
The Market Organizer has the right to disconnect the access to the portal and trading application due to maintenance work.
5. Advertisements
5.1 Advertising field
The advertisements are restricted to the areas: “machinery and equipment” and “services”
With “machinery and equipment” are meant above all, but not exclusively, boilers, chopping machines and related equipment, which is needed for the use of biomass.
With “services” is meant above all, but not exclusively, planning, setting up, logistics, consultancy and related activities.
Section 5 refers only to free advertisements. Paying advertising is arranged individually with the portal administrator.
5.2 Advertisement publication procedure
The advertiser sends the required data to the Portal Administrator, as described in the Instructions for advertising.
The Portal Administrator reserves the right to check the veracity of the content of the advertisement before publication.
The Portal Administrator reserves the right to refuse the publication of an advertisement.
The Portal Administrator reserves the right to remove an unsuitable advertisement or an ad which can not be verified.
The Portal Administrator reserves the right to shorten the text and / or reduces the size of pictures in the advertisement in accordance with the structure of the portal.
6. Obligations and limitation of liability of the Market Organizer
The Market Organizer can verify the registration data by phone or any other way prior to activating the username.
The entered bids are not usually verified by the Market Organizer, however it reserves the right to verify and/or erase the bids, which are in obvious discrepancy with the registration data of the member.
The Market Organizer can cancel all irregularly entered bids. The Market Organizer can cancel a deal only with the consensus of both involved members.
The Market Organizer is not responsible for and does not vouch for the content of the bids and advertisements. It also does not vouch for the final conclusion of the deal, which is arranged bilaterally.
The Market Organizer protects personal data of members and does not mediate them further to third persons without their prior consent. Personal data are treated in accordance with the valid legislation in the Republic of Slovenia.
The Market Organizer does not reveal the identity of members regarding deals concluded and bids entered.
The Portal Administrator is not responsible for the content of Internet pages in the property of third persons.
7. Copyright
The portal and the trading application are copyright material. All rights are reserved.
8. Validity of Terms and Conditions
The Terms and Conditions are valid for every use of the portal and trading application, if it is not determined otherwise.
The Terms and Conditions are valid until the cancellation or modification. The Market Organizer is obliged to notify all the members about any modifications.