TERMS AND CONDITIONS OF USE OF THE BIOMKET PLATFORM
Last updated: June 24, 2025
1. General Information
BIOMKET is a platform operated by CAINMANI RESOURCES S.L., CIF B72990377, with its registered office at Calle San Telmo, 67, 28016, Madrid, registered in the corresponding Mercantile Registry. These Terms and Conditions govern the use of the www.biomket.com platform (hereinafter, "the Platform") and the contractual relationship between BIOMKET and registered users (hereinafter, "Users") involved in transactions for the purchase and sale of non-hazardous organic waste.
2. Nature of the Service
BIOMKET acts as a digital intermediary and temporary custodian of funds. The sales contract is concluded directly between the buyer and the seller. BIOMKET does not acquire, store, transport, or take ownership of the waste listed on the Platform.
3. User Registration
Full access to services requires prior registration. Users must provide truthful and up-to-date information. They may register as individuals or legal entities and are responsible for the use and safekeeping of their credentials.
4. Permitted Use and Content Publication
Users agree to use the Platform in accordance with applicable regulations. It is prohibited to publish false information, illegal products, or contact others outside the Platform to avoid commissions. BIOMKET may suspend accounts or remove content in the event of non-compliance.
5. Transaction Process and Fund Custody
BIOMKET implements a temporary fund custody system to protect both parties in the transaction. The process is as follows:
- The buyer makes the payment through the Platform.
- BIOMKET holds the funds without taking ownership.
- The buyer has 48 hours after delivery to confirm acceptance.
- If no claim is made within that period, payment is released to the seller.
- In case of a claim, the mechanism in clause 6 is activated.
BIOMKET does not guarantee the quality of the waste or the execution of the contract between the parties.
6. Claims Management and Incident Resolution
Incidents will be resolved based on a technical, non-interpretative protocol:
- Notification: The buyer must notify disagreement within 48 hours after delivery.
- Evidence: Visual proof, delivery notes, and supporting documentation must be submitted.
- Dialogue phase: BIOMKET will enable a private channel for 72 hours.
- Automatic outcome:
- a) If the seller does not respond: BIOMKET may cancel the payment.
- b) If the buyer fails to provide valid proof: payment is released to the seller.
- c) If evidence exists and no resolution is reached, BIOMKET will refund the buyer.
BIOMKET does not act as a judge, arbitrator, or party. Its role is limited to executing objective steps.
7. Third-Party Managed Logistics
BIOMKET may connect Users with logistics providers. It does not intervene in or guarantee transport execution. All arrangements are between the User and the provider, including costs, insurance, and legal compliance. BIOMKET is not responsible for any loss, damage, or carrier non-compliance.
8. Fees and Commissions
BIOMKET will apply a commission on each successfully completed transaction. Fees will be notified in advance. Continued use implies acceptance.
9. Invoicing
The seller is responsible for invoicing the waste. BIOMKET will issue an invoice only for its services as a digital intermediary.
10. Intellectual Property Rights
All content on the Platform, including software, logos, texts, and design, is the property of BIOMKET or its licensors. Unauthorized use is prohibited.
11. Suspension and Account Termination
BIOMKET may suspend or terminate access for fraud, commission evasion, legal violations, or misuse. Users may request account deletion at any time.
12. Limitation of Liability
BIOMKET is not responsible for:
- The quality, legality, or compliance of the waste.
- Failures in payment or contract execution between Users.
- Economic losses or business interruptions.
- Technical failures, cyberattacks, or third-party errors.
BIOMKET’s maximum liability, for any cause, is limited to the amount of its commission in the affected transaction.
13. Legal Compliance in Waste Management
Users agree to comply with Law 7/2022 and Royal Decree 553/2020. This includes LER coding, transfer documentation (Contract, Prior Notification, and Identification Document), and NIMA licenses. BIOMKET does not verify this information or assume responsibility for its validity.
14. Modifications
BIOMKET may update these Terms. Changes will be communicated via the Platform and will be deemed accepted upon continued use.
15. Governing Law and Jurisdiction
These Terms are governed by Spanish law. Any dispute shall be submitted to the Courts of Madrid, unless the parties expressly agree to institutional arbitration.
