Translation; in the event of any discrepancy, the German version prevails.
1. Scope
(1) These terms apply to all contracts between XARC Solutions SHPK, Rruga Ali Demi, Ndërtesa P.263, Hyrja 1, Ap. 1, 1000 Tiranë, Albania, trading as Offrano ("Offrano"), and businesses that buy customer enquiries through Offrano ("buyers").
(2) The buyer data protection agreement and the complaints rules also form part of every contract. In the event of conflict, the buyer data protection agreement prevails.
(3) The buyer's own terms do not apply, even if Offrano does not object to them.
2. Businesses only
(1) Offrano sells only to businesses acting in the course of their trade, business or profession. Consumers are excluded.
(2) Before activation, the buyer proves its business status: by a valid VAT number, which Offrano checks in the European Commission's VIES system or with the competent national service, or — where no such number exists — by a current extract from the commercial or trade register. Offrano may request further evidence and may refuse activation without giving reasons.
(3) The buyer warrants that it holds the professional and trade licences required for the work offered and that it operates in the areas booked. If any of these conditions ceases to apply, the buyer will inform Offrano without delay.
(4) Provisional activation: if the VAT number is valid but the company name cannot be verified through it, Offrano may activate the account provisionally. Until the check is complete, the buyer may then buy no more than 3 enquiries and no more than €500 in total; the limit is reached as soon as either threshold is reached. If Offrano rejects the account after the check, purchases made up to then remain valid, together with the rights arising from them; new purchases are no longer possible.
3. Account
(1) To register, the buyer provides the name of its contact person, company name, country and VAT number (or register extract, clause 2(2)). Login is without a password, by a one-time code that Offrano sends to the email address on file. The buyer ensures that only authorised persons have access to that inbox. Purchases made through its account are attributed to it.
(2) In the account the buyer sees all purchases with the related enquiries, the receipts and its stored payment method.
(3) The details in the account (company name, address, phone number) must be correct. They are sent to every customer whose enquiry the buyer purchases, before the contact details are released (clause 6(2)).
4. Subject matter: exclusive enquiries
(1) Offrano offers in its shop enquiries from customers who want quotes for specific work. Before purchase, the shop shows only the trade, country, postcode and town, released details of the enquiry, the age of the enquiry and the price.
(2) Each enquiry is sold exactly once. On purchase it disappears from the shop; Offrano does not offer it to any other buyer. Exclusivity does not mean that the customer may not seek quotes elsewhere.
(3) Offrano's obligation is to provide a complete enquiry with the customer's name, email address, phone number and postal address, whose phone number has been verified by text-message code and whose email address has been confirmed by link, together with the customer's consent to be contacted by the buyer by phone, text message and email. Offrano does not owe a job, availability of the customer at any particular time or any turnover.
5. Prices and tax
(1) Each enquiry has a fixed price shown in the shop before purchase. The price may fall as the enquiry gets older; the price at the time of purchase applies.
(2) Offrano sells exclusively to businesses (clause 2). The prices shown are final prices without VAT. Offrano does not charge VAT.
(3) The reverse charge procedure applies to the service: the recipient of the service is liable for the tax. The buyer declares and pays the tax where it is due under the law applicable to it. The receipt states "Reverse charge: VAT to be accounted for by the recipient".
(4) Receipts and refund records are made available electronically in the account and sent by email.
6. Purchase and process
(1) The buyer buys an enquiry by clicking "Buy" in the shop and paying for it immediately (clause 7). During payment the enquiry is reserved for the buyer for up to 10 minutes. Exactly the price shown is charged; no VAT is added (clause 5). The contract is concluded when Offrano confirms the purchase; the receipt with the reverse charge note is issued with the confirmation. If the enquiry has been sold to someone else in the meantime, no contract is concluded; any amount already charged is refunded to the payment method used.
(2) After the purchase, Offrano automatically sends the customer an email with the buyer's company name, address and phone number and a link to withdraw consent. Only then are the contact details shown to the buyer. The buyer agrees to these details being sent to the customer.
(3) If the customer withdraws consent, Offrano informs the buyer. The buyer stops all contact and deletes the data in accordance with the buyer data protection agreement (within 48 hours).
(4) 24-hour buyer protection: if the customer withdraws consent via Offrano's withdrawal link within 24 hours of the contact details being released to the buyer, Offrano automatically refunds the full price to the payment method used for the purchase. No complaint is needed. A later withdrawal gives rise to no refund unless one of the grounds in the complaints rules applies.
7. Payment
(1) Each enquiry is paid for individually and immediately on purchase, by card, Apple Pay or Google Pay through the payment service provider Stripe.
(2) The buyer may have its payment method stored with Stripe in order to buy further enquiries with one click. It authorises Offrano to charge the stored payment method with the displayed price for each purchase it initiates. It can remove the stored payment method in its account at any time. Offrano does not receive full card details.
(3) Offrano reviews every complaint; refunds are made only after approval by Offrano. The only automatic refund is under the buyer protection (clause 6(4)). Refunds are made to the payment method used for the purchase.
8. No returns, complaints
Enquiries bought cannot be returned, except in the cases covered by the complaints rules. The complaint period is 7 days from the purchase. Grounds, evidence and exclusions are set out there exhaustively.
9. Buyer's obligations
(1) The buyer uses enquiries only as permitted by the buyer data protection agreement. Resale and disclosure to third parties are prohibited.
(2) The buyer does not charge the customer for the introduction through Offrano.
(3) Whenever it contacts a customer, the buyer complies with the law of the customer's country of residence, in particular the rules on marketing calls and marketing emails.
10. Suspension and termination
(1) Either party may terminate the contract by giving 30 days' notice in text form. The right to terminate without notice for good cause is unaffected.
(2) Offrano may suspend an account or terminate without notice, in particular for resale or disclosure of enquiries, complaints from customers about repeated or harassing contact, false information about the business, loss of a required licence or payment arrears. Offrano informs the buyer of the reasons in text form no later than when the suspension takes effect; the buyer may respond.
(3) Suspension for unfounded complaints: if three of the buyer's complaints are rejected as unfounded after review within 90 days, Offrano may suspend the account for new purchases. After the second rejected complaint within that period, the buyer receives a warning in text form. Enquiries already bought, receipts and complaint rights for earlier purchases are retained. Offrano may lift the suspension at the buyer's request.
11. Liability
(1) Offrano is liable without limitation for intent and gross negligence and for death or personal injury.
(2) For simple negligence Offrano is liable only for breach of an essential contractual obligation, limited to the typical, foreseeable damage and in amount to the total of the prices paid by the buyer in the twelve months before the event giving rise to the damage.
(3) Offrano is not liable for lost jobs, lost profit or for a customer not placing an order.
12. Changes to these terms
Offrano announces changes in text form at least 15 days before they take effect. The buyer may terminate without notice until they take effect. For enquiries already bought, the version in force at the time of purchase applies.
13. Governing law and jurisdiction
(1) These terms are governed by the law of the Republic of Albania, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is Tiranë, Albania.
14. Final provisions
If any provision is invalid, the validity of the remaining provisions is unaffected. The invalid provision is replaced by the statutory rule.