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User agreement:
The legal Users Agreement is in Estonian language. This is a translation.

TERMS AND CONDITIONS OF OSTA.EE USER AGREEMENT

By registering as a user of Internet website www.osta.ee, you confirm that you have examined the terms and conditions of this user agreement (hereinafter referred to as Terms and Conditions), agree to the Terms and Conditions and shall adhere to the Terms and Conditions in the following:

  1. Scope and interpretation of the Terms and Conditions

    1.1.
    The Terms and Conditions shall apply to the legal relationship between all registered users (hereinafter referred to as Client) of Internet website www.osta.ee  and osta-ee.postimees.ee (hereinafter referred to as Website) and AllePal OÜ, the owner of the Website, with regard to using the services available on the Website.
    1.2.
    The contact information of AllePal OÜ, hereinafter referred to as OSTA.EE:
    1.2.1
    commercial registry code 12209337;
    1.2.2
    address Pärnu mnt 139, Tallinn;
    1.2.3
    fax 6710961;
    1.2.4
    e-mail address info@osta.ee
    1.3.
    The services set out in clause 1.1. of the Terms and Conditions (hereinafter referred to as Services) include, but are not limited to providing the Client with an opportunity to participate in auction for things/services, including bidding for purchase and sale of things/services, and to use other services available on the Website.
    1.4.
    In addition to the Terms and Conditions, the relations between the Client and OSTA.EE are governed by the legal provisions applicable in the Republic of Estonia, Website price list (hereinafter referred to as Price List) for using the Service, special terms and conditions for using the Service provided on the Website, and established good practices.
    1.5.
    If any of the provisions of the Terms and Conditions becomes invalid due to its contradiction with law, it will not affect the validity of other provisions.

  2. General terms and conditions for service

    2.1.
    OSTA.EE shall provide the Clients with a virtual place, i.e. the Website, where the Clients can bid for purchase and sale of things/services and for using other Services.
    2.2.
    The Clients shall enter into sales contracts on their own without any intervention/ mediation by OSTA.EE and the Clients shall be fully responsible for performance of the sales contracts they have entered into.
    2.3.
    OSTA.EE shall not be responsible for the quality and quantity of things/services purchased/sold by using the Website.
    2.4.
    OSTA.EE shall not be responsible for the accuracy and/or legality of the information published by the Client on the Website.
    2.5.
    OSTA.EE shall not be responsible for inappropriate or unlawful behaviour of the Client.
    2.6.
    OSTA.EE shall not participate (as an agent, broker, commission agent, representative or in any other way) in actual sales and other transactions between Clients, resulting from bidding on the Website. OSTA.EE shall not act as Client’s agent, broker, representative, commission agent, etc.
    2.7.
    All notices and information between the Client and OSTA.EE shall be exchanged in electronic form and sent to the address set out in the Terms and Conditions or on the Website, unless otherwise provided by the Terms and Conditions.
    2.8.
    The Website and copyright of all the contents thereof belong to OSTA.EE. When including works protected by copyright with regard to the things/services on the Website, the Client shall, free of charge, transfer valid proprietary rights of the author of such works to OSTA.EE. OSTA.EE has exclusive right to use the works provided by the Client in any way, to allow and prohibit their use, incl. reproduction, dissemination, translation, adaptation of such works or adding such works to collections or databases or make them available to the public.

  3. Rights and obligations of the Client

    3.1.
    The Client shall:
    3.1.1.
    submit completely accurate personal data, incl. correct full name and valid e-mail address all, when registering as a user of the Website;
    3.1.2.
    not use the Website for unlawful transaction(s) and/or fraud;
    3.1.3.
    present objective information, incl. accurate information regarding the things/services to be sold (i.e. the information that adequately reflects the status of relevant thing/service) when using the Website;
    3.1.4.
    ensure that the price and other information indicates the actual economically justified substance and value of a thing/service when offering the things/ services for sale. In addition to the final price established at auction, the seller of a thing/service may require the purchaser/person who orders to pay reasonable compensation for transportation costs incurred by the seller;
    3.1.5.
    ensure that the information submitted by the Client when using the Website (incl. electronic data, i.e. files, programmes, e-mails, etc., hereinafter referred to as Client’s Information):
    3.1.5.1.
    are not misleading, inaccurate and/or false;
    3.1.5.2.
    do not contain bids for purchase/ sale of things/ services that are prohibited or in restricted commerce;
    3.1.5.3.
    does not violate economic and/or moral rights of third parties (incl. intellectual property right);
    3.1.5.4.
    is not contrary to the laws and other legislative instruments (incl. legislation on consumer protection, competition and export/import of things/services);
    3.1.5.5.
    is not contrary to good morals;
    3.1.5.6.
    does not contain viruses and other computer programmes or files that may interfere, damage or disturb in any other way the normal use of the Website and/or that may be stored in Client’s computer as a result of using the Website and/or interfere, damage or disturb in any other way normal operation of Client’s computer;
    3.1.5.7.
    does not contain information concerning things/services subject to bidding for the purchase/sale on some other website, analogous with the Website.
    3.1.6.
    The Client shall not artificially increase the price of a thing/service put on auction sale by himself/herself by entering bids for such thing/service and shall not artificially reduce the price of a thing/service put on underbidding sale by inserting counter-bids; the Client shall not use related persons, such as relatives or acquaintances, in performing such price increase or reduction.
    3.1.7.
    In the case of auction, the Client selling a thing/service at auction shall sell such thing/service to the highest bidder, unless otherwise provided by the rules of OSTA.EE (e.g. auctions with fixed maximum price). Contractual parties are required to exchange relevant information within 7 days after closing the auction.
    3.1.8.
    In the case of auction, the Client who purchases a thing/service at auction is required to purchase such thing/ service, if the Client was the highest bidder, unless otherwise provided by auction rules. Contractual parties are required to exchange relevant information within 7 days after closing the auction.
    3.1.9.
    In the case of underbidding the Client who bids on the Website is required to purchase the thing/ service from the lowest bidder, presuming that such lowest bid is in compliance with the conditions set out by the Client on the Website, unless otherwise provided by auction rules;
    3.1.10.
    The Client shall not compile databases/ lists containing Website users;
    3.1.11.
    The Client shall not submit demands against OSTA.EE, except for demands arising directly from the Terms and Conditions;
    3.1.12.
    The Client shall maintain the password and user name required for using the Website in a manner that would prevent it from falling into the hands of third parties, except for the third party authorised by the Client to represent the Client in using the Services;
    3.1.13.
    The Client shall immediately notify OSTA.EE by e-mail of any changes in the information and circumstances as compared to the information presented by the Client upon Client’s registration as Website user;
    3.1.14.
    The Client shall immediately notify OSTA.EE by e-mail if the password and/or user name required for using the Website have been lost or if they have fallen into the hands of third parties.
    3.1.15.
    If an auction is arranged, the Client is not allowed to realise thing/service outside the auction and outside OSTA.EE system.
    3.1.16.
    The Client shall not publish his/her personal contact information in the auction description and associated questions and answers, except in cases where the other party wishes to examine a thing/service. OSTA.EE may interpret the publication of personal contact information as an intention of realisation or purchasing thing/service outside the Website system.
    3.1.17.
    The Client shall not change the description and content of the auction after receiving the first bid. Changes can only be made in case the auction has not yet been made available, or prior to making the first bid at already available auction. Additional services can be ordered and pictures added at any time.
    3.1.18.
    Upon relevant request of the other contractual party, the Client is required to accept the requirement of using OSTA.EE deposit when performing the obligations arising from sales contracts and other contracts to be concluded.
    3.2.
    By performing any transaction on the Website the Client shall confirm that he/she:
    3.2.1.
    is a person with legal capacity, entitled to perform the transactions available on the Website;
    3.2.2.
    shall duly perform all obligations set out in clauses 3.1.-3.1.18. of the Terms and Conditions;
    3.2.3.
    is aware of the fact that sales contracts are entered into by the Clients without intervention and mediation of OSTA.EE and the Clients shall be fully responsible for performance of such contracts;
    3.2.4.
    is aware of the fact that bidding for sale/purchase shall incur binding sale/purchase obligation/contract and that upon failure to perform such obligation the Client shall be fully responsible for the damage caused by such non-performance;
    3.2.5.
    is aware of the fact that the Client is required to declare and pay all taxes on the transactions resulting from using the Services (incl. income tax, VAT and social tax);
    3.2.6.
    is aware of the fact that, after accepting the Terms and Conditions, the intentions of the Client and OSTA.EE are only targeted on establishing the legal relationship expressly provided by the Terms and Conditions;
    3.2.7.
    is aware of the fact that if the password and user name required for accessing the Website fall into the hands of third parties, such third parties may assume obligations that are binding for the Client, whereas the Client shall maintain responsibility for such obligations and that OSTA.EE has no obligation for further identification (i.e. other than the user name and password) of Website user.
    3.2.8.
    is aware of and agrees to the fact that OSTA.EE has the right to process Client’s personal data pursuant to the legislation applicable in Estonia and in compliance with clause 5 of the Terms and Conditions.
    3.3.
    Invalid (13.01.2017)
    3.4.
    After closing the auction the Client as a seller is required to pay to OSTA.EE all charges set out in the Price List, irrespective of the fact whether the transaction with the purchaser was actually performed or not, or whether the transaction price was different from auction result. If the investigation of a complaint reveals that the transaction was not performed due to the facts caused by the purchaser, the commissions shall be returned to the seller.
    3.5.
    The Client shall pay for the Services by making payments according to the Price List to the settlement account of OSTA.EE within 7 days after the submission of electronic invoice by OSTA.EE.
    3.6.
    Upon delay in settlement of invoices, OSTA.EE has the right to demand fine for delay 0.2% of unpaid amount per day. Outstanding invoices shall be forwarded to a person collecting debts (collection company) within 1 month after issuing the invoice, whereas the Client shall incur all costs associated with the collection of outstanding payments.

  4. Rights and obligations of OSTA.EE

    4.1.
    OSTA.EE has, at its own discretion, the right to limit or cancel Client’s right to use the Website, incl. alter information published on the Website by the Client or close auction or Client account and prevent the Client to re-register as Website user, if the Client:
    4.1.1.
    violates the Terms and Conditions or obligations of the Client arising from the Terms and Conditions;
    4.1.2.
    has submitted false, misleading and/or inaccurate information when registering as Website user or when using the Website;
    4.1.3.
    knowingly and intentionally disseminates false information on OSTA.EE Webpage, insults other persons in any way or behaves indecently.
    4.2.
    OSTA.EE has, at any time, the right to monitor the activities on the Website, incl. monitor the bids for purchase/sale made by Website users. OSTA.EE may investigate all breaches of Terms and Conditions, by using all legal measures.
    4.3.
    OSTA.EE has, at any time, the right to remove from the Website sale/purchase bids by a Client, if such bids are contrary to the Terms and Conditions, good morals or applicable legislation.
    4.4.
    OSTA.EE has, at any time and within the limits of the Website, the right to re-arrange the data concerning the bids for purchase/sale entered by Website users without altering the content of such bids, in order to improve the use of the Website.
    4.5.
    OSTA.EE has the right to close Client account for bidding after the Client has received two negative comments from another Client. After receiving the third negative comment from another Client, OSTA.EE shall close Client’s account for six months. Account is closed automatically. The Client has the right to file a protest against the decision to close account, by sending relevant e-mail to the address sisekontroll@osta.ee. Decision of OSTA.EE is final.
    4.6.
    OSTA.EE has the right to charge the Client for using the Service according to the Price List. For that purpose OSTA.EE shall present electronic invoice to the Client. Upon relevant request by the Client, OSTA.EE shall submit the invoice in unattested written form as well.
    4.7.
    Upon violation of Client’s obligations as set out in clauses 3.1.1. – 3.1.18. OSTA.EE shall have the right to demand the Client to pay contractual penalty in the amount of 20% of the final auction price, but not less than 200 EE K(12,78 EUR . Besides that the Client is required to compensate for auction-related payments incurred by the other contractual party for the services ordered from OSTA.EE, except for commissions.
    4.8.
    OSTA.EE has the right to send to the Client personal commercial communications and other offers. The Client has the right to refuse such communications by informing OSTA.EE thereof.
    4.9.
    OSTA.EE provides the service of deposit of money for performing the sales contracts and other contracts entered into by the Clients.

  5. Processing of personal data

    5.1
    OSTA.EE has the right to process the data received from Client (who is a natural person) upon his/her registration as Website user, in the course of using the Website or collected in any other way when using the Website (hereinafter referred to as Personal Data), according to the purposes and extent set out in the Terms and Conditions.
    5.2
    The Client shall grant consent for processing the Personal Data of the Client by OSTA.EE for the purposes and to the extent specified in the Terms and Conditions. The Client has the right to withdraw his/her consent any time, to demand termination of the processing of Personal Data and deletion or closing collected Personal Data, and also closing of user account. Withdrawal of the consent does not have retroactive effect.
    5.3
    OSTA.EE shall collect and store Personal Data in electronic form and shall provide extracts of such data in other form when necessary.
    5.4
    OSTA.EE shall use Personal Data for providing, developing and personalising the Services.
    5.5
    OSTA.EE shall not deliver Personal Data to third parties or make it public, except in the cases provided by the Terms and Conditions.
    5.6
    OSTA.EE has the right to use Personal Data and to forward the Personal Data to third parties selected by OSTA.EE for cooperation purposes in order to ensure the quality and availability of the Services, and to expand, improve and otherwise develop the Services.
    5.7
    In the case provided in clause 3.6. of the Terms and Conditions, OSTA.EE shall have the right to submit the Personal Data to a person collecting debts (collection companies, etc.).
    5.8
    OSTA.EE and the person specified in previous clause of the Terms and Conditions have, in the case set out in clause 3.6., the right to submit Personal Data to the undertakings that reflect payment defaults such as Krediidiinfo, etc., who may process such information in order to make credit decision in the credit register managed by relevant undertaking.
    5.9
    OSTA.EE has the right to forward Client information to another Client opening the bid at the auction if the latter has bid at that auction.

  6. Amendments of the Terms and Conditions

    6.1.
    Considering the development of the Website and Services and in order to ensure better and more secure use thereof, OSTA.EE has the right to make unilateral amendments and changes in the Terms and Conditions and Price List.
    6.2.
    OSTA.EE shall notify the Client of any amendments and changes in the Terms and Conditions and Price List by means of notices published on the Website.
    6.3.
    Amendments and changes in the Terms and Conditions and Price List shall enter into force after publishing relevant amendment or change on the Website.
    6.4.
    By using the Service after entry into force of the amendments and changes in the Terms and Conditions and Price List, the Client confirms that he/she agrees to such amendments and changes.

  7. Final provisions

    7.1.
    The legal relationship between the Client and OSTA.EE arising from using the Website shall be subject to the legislation applicable in the Republic of Estonia.
    7.2.
    The Client and OSTA.EE shall make every effort to settle the disputes arising from using the Website by way of negotiations. In case of failing agreement by way of negotiations the dispute shall be settled at Harju County Court.
    7.3.
    The Terms and Conditions shall enter into force after their acceptance by the Client and shall remain in force during the validity of legal relationship between the Client and OSTA.EE as set out in the Terms and Conditions. The Client has the right to withdraw from the Terms and Conditions within 14 days after accepting the Terms and Conditions and to cancel the legal relationship arising from the Terms and Conditions any time, after performing all obligations with regard to OSTA.EE and other Clients.
Autentication method: Abi

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