USER TERMS AND CONDITIONS

THESE TERMS AND CONDITIONS SHALL APPLY TO ALL PURCHASES.
PLEASE READ THEM ALL CAREFULLY BEFORE SUBMITING ANY PURCHASE ORDER.

BY SUBMITTING YOUR ORDER YOU AGREE TO FOLLOWING TERMS AND CONDITIONS:

1. All eligible Sellers on Foodaround.online International website ( “Participating Sellers”) are participating in marketing and sales of their Product(s) (“Participating Products”) and will make them available by specifying the
   a) MOQ and b) TOD . MOQ shall refer to Minimum Order Quantity for any Participating product in any single Purchase Order ( “Purchase Order”) placed by any buyer. TOD shall refer to a) the time of delivery for the Participating Product to be received .
    
2. All Participating Products are available for a prescribed period as indicated on the relevant webpage (“Available Period” ) to accept orders from interested Buyers.
    
3. Any Buyer on Foodaround.online may purchase any Participating Product for any quantity but not less then the MOQ, by placing a Purchase Order. A purchase order, often referred to as a PO, is a document that details the exact request for an order. It includes every relevant piece of information about the product, sale, and shipment process. When a buyer and seller both accept a purchase order, it acts as a legally binding contract between the two parties. However, it is important to note that the legality can depend on where and how the purchase order is placed. It is not required to create a purchase order when placing an order with a seller, but it helps ensure the process goes smoothly and as expected, with no surprises on either end.
    
4. All Participating Sellers shall be obliged to fulfill the Purchase Order(s) placed by 1(one) or more Buyers provided that the aggregate number of the relevant Participating Product thereunder at the end of the Available Period shall have achieved the relevant TOQ (“Condition for Fulfillment” ). For the avoidance of doubt, a TOQ have been achieved if the aggregate number of the relevant Participating Product at the end of the Available Period shall be equal or exceeded the number of the TOQ.
    
5. A Purchase Order should be as detailed as possible, and include every piece of information surrounding the sale, production, and fulfillment of your goods. Here’s a list to get you started:

• Your company’s full name and contact information

• The seller’s full company information and contact information

• The full address of where you want the goods shipped

• PO number and PO date

• Product name and all product specifications

• Inspection or quality control plans

• Product quantity, unit price, and total price

• All labeling and packing specifications

• Tax information

• All terms, including currency, Incoterm, port information, and shipping dates.

Remember that your seller is not necessarily responsible for creating a purchase order. It is up to you to either draw one up for our seller to agree to, or request that your seller create a purchase order that you then agree to.

1. For the avoidance of doubt, unless otherwise determined by any Participating Seller, the Participating Seller is not obliged to fulfill any Purchase Order(s) for any Participating Product if the Conditions of Fulfillment has not been achieved . The Conditions of Fulfillment must be described by the Participating Seller on the relevant website Foodaround.online.
   Accordingly, the Participating Seller shall have the right to cancel any Purchase Order(s) thereafter and proceed to refund the Buyer(s) any money that it may have received therefrom.
    
2. Based on the above, every Buyer acknowledges and agrees that any Purchase Order(s) placed thereby will not be absolutely binding on the relevant Participating Seller until and unless it is confirmed that the Condition for Fulfilment has been achieved.
    
3. In the event where the Condition for Fulfilment for any Participating Product is determined to have been achieved, the Participating Seller shall proceed to perform each of the relevant Purchase Order(s) in accordance with any agreement(s) entered into between the Participating Seller and each of the respective buyer(s).
    
4. Whereas, in the event where the Condition for Fulfilment for any Participating Product is determined to have not been achieved, any Group Buy Order placed in relation thereto will be cancelled in accordance with Clause 6 above. The relevant buyer(s) will be entitled to a refund of the Payment (“Refund”). For the avoidance of doubt, notwithstanding anything to the contrary, every buyer hereby acknowledges and agrees that it shall solely bear any costs, expenses, fees and/or any taxes which may be incurred when making the Payment (including but not limited to any payment transaction fee) and/or in the course of the Refund to the buyer.
    
5. In the event that the Purchase is ceased or suspended by any relevant authority or due to serious network attack or system fault, it may no longer be available. Such situation shall constitute a force majeure event. Neither Foodaround.online any Participating Seller shall be liable for any damages or claims that arise in connection therewith.
    
6. In the event where there is any dispute, time and validity of any transactions hereunder shall be determined by Foodaround.online at it sole discretion based on its records. If there is any discrepancy between the record of transaction held by any buyer and that held by Foodaround.online, Foodaround.online’s record shall be conclusive and binding.
    
7. Foodaround.online reserves the right to amend these Terms and Conditions without prior notice.
   In the event of disputes, the decision of Foodaround.online shall be final and binding.
    
8. Notwithstanding anything to the contrary in these Terms and Conditions, Foodaround.online reserves the right and absolute discretion to disqualify, cancel or revoke the right of any buyer to use Purchase Order without any liability, upon its discovery of any involvement of dishonest, malicious, fraudulent, unlawful and/or inappropriate acts, or, of violation of these Terms and Conditions, by the buyer. Foodaround.online reserves the right to take legal action as it may deem necessary.
    
9. Any Trade Assurance orders placed by buyers will automatically be assigned with a default Incoterms. Whereas any Trade Assurance orders placed by sellers shall be subject to the shipping method and Incoterms that are mutually agreed between the seller and buyer.
    
10. Depending on the local tax and customs policies of the destination country where you are located, you may be required to pay custom duties, taxes and other applicable costs and/or fees that may be imposed thereby. 
     
11. DISCLAIMER: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FOODAROUND.ONLINE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS OR LOSS OF PROFITS) ARISING OUT OF OR IN CONNECTION WITH THE BUYER’S USE OF PURCHASE ORDER, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT FOODAROUND.ONLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
     
12. Each buyer hereby acknowledges and agrees that Foodaround.online and/or any of its affiliates shall not be responsible, and shall have no liability to it or anyone else for any dispute or claim that arises out of the buyer’s use of Purchase Order.
     
13. These Terms and Conditions are governed, interpreted and enforced by the laws of North Macedonia, without regard to its conflict of laws principles. Any and all legal actions, claims or proceedings arising out of, or in connection herewith shall be brought in a court of competent jurisdiction in jurisdiction in Skopje, North Macedonia and/or mediation of the Chamber of Commerce of North Macedonia.
     
14. In case of any discrepancy in the content between the English and other non-English language versions of these Terms and Conditions (if any), the English version shall prevail.