1. General provisions
1.1 The current User Agreement (hereinafter the Agreement) has been concluded between OÜ Plusmerk (registry code 10685594), the owner of the Internet webpage www.weby.ee (henceforward the Webpage), and the person registered as the user (hereinafter the Client).
1.2 The Client confirms with the registration as the user of the Internet webpage www.weby.ee that he or she has got acquainted to the Agreement, agrees with the terms of the Agreement and undertakes the obligation to fulfill them.
1.3 Should any of the provisions of the Agreement prove to be void due to discrepancy with legal provisions it does not alter the validity of the other provisions.
1.4 OÜ Plusmerk renders mainly the service of arranging virtual auctions of vehicles and other assets (henceforward Items) on the Webpage. OÜ Plusmerk may as well provide other services on the Webpage, which are also covered with the current Agreement.
1.5 In the course of the competitive bidding the agreement is considered to be entered by giving the best offer the acceptance by OÜ Plusmerk. The contact information provided by the Client is used for giving the acceptance. The acceptance is generally given through sending the invoice to the Client’s e-mail address. Unless the Item has not been marked otherwise the contract of purchase and sale is made between the Client and OÜ Plusmerk.
1.6 Property can be sold on the Webpage as well by others (henceforward the Other Seller), who express the wish for it (hereinafter Commission Sale). OÜ Plusmerk and the Other Seller will enter a separate written brokerage contract. The contract of purchase and sale of the Item is in this case concluded between the Client and the Other Seller. OÜ Plusmerk does not take responsibility neither for the implementation of the contract of purchase and sale entered with the Other Seller nor for the quality of the Items for sale. In case of Commission Sale the acceptance is generally given via e-mail using the address submitted by the Client.
1.7 OÜ Plusmerk can sell the Items on the Webpage with a fixed price. In case of fixed price sale there is a corresponding notation attached to the Item on the Webpage. If an Item is sold with a fixed price, the contract of purchase and sale is made after the Client has expressed the wish to purchase the Item. It is possible to purchase an Item on auction with a fixed price until the beginning of an auction round.
1.8 The copyright of the Webpage and all it contains belongs to OÜ Plusmerk.
1.9 OÜ Plusmerk is not liable for the illegal behavior of the users of the Webpage.
2. The rights and obligations of the Client
2.1 When registering as the user of the Webpage, the Client is obliged to present entirely correct personal data, including registration under one’s true and full name and usage of valid e-mail address.
2.2 The Client purchasing an Item from an auction is obligated to buy the respective Item, if the Client’s offered price was the highest. The Client is aware that making a offer of purchase involves a binding obligation/contract of purchase and sale and that in case of non-compliance with such liability the Client is responsible for indemnification to the full extent the damages caused by violating the obligation.
2.3 In case of offering the highest price at auction the Client is obliged to pay the invoice submitted by OÜ Plusmerk by due date, i.e. within seven days after receiving the invoice unless agreed otherwise.
2.4 In case of making the best bid for items on sale by the Other Seller, the Client is bound to enter the contract of purchase and sale within two working days after receiving the acceptance and to pay for the Item within seven days after entering the contract of purchase and sale unless agreed otherwise.
2.5 When purchasing an Item with a fixed price the Client is obliged to pay the invoice submitted by OÜ Plusmerk immediately after receiving the invoice unless agreed otherwise.
2.6 The Client confirms to have inspected the Item on auction on the Webpage before making an offer and the awareness of its condition, integrated wholeness, the nature of its shortcomings and the possibility of additional defects in the future. Starting from the moment of receiving the Item the Client takes all the risks associated to the usage of the Item. The Client bears the risk related to the appearance of any hidden shortcomings the Item may have and the responsibility deriving from the condition of the Item (including incompleteness).NB! The odometer reading may not show the actual mileage for any of the vehicles we sell.
2.7 When the payment for the Item has been made, the Client is obliged to convey the Item from the sales site of OÜ Plusmerk (address: Nuhja, Kopli village, Rae parish, Harjumaa) within five working days starting from the due date marked on the invoice. If the Item is not removed at term, OÜ Plusmerk has the right to claim 5€ (VAT is added to the amount) per every delayed day for the preserving expenses of the Item.
2.8 The Client is obliged to inform OÜ Plusmerk of any changes in data and alteration of circumstances in comparison with the original information provided at time of registration as the user of the Webpage.
2.9 The Client is obliged to inform OÜ Plusmerk immediately via e-mail when the password and/or username determined for using the Website are lost or in the possession of third parties.
2.10 The Client confirms with every act on the Website that he or she is legally competent and qualified and entitled to perform the transactions enabled on the Website. For registration as a Client and user of the Website is accepted at least 18 years old legally qualified natural person with Estonian or other origin, or legal person, whose representative has been authorized all credentials for using the Webpage, transactions and undertaking obligations on behalf of such legal person.
2.11 The Client is obliged to preserve the password and username determined for using the Website so that it does not go into the possession of third parties unless the Client has authorized respective third parties to represent him or herself for using the Website. The Client is aware that in case the password and username determined for using the Website go into the possession of third parties respective third parties are able to take on behalf of the Client binding obligations the fulfillment of which is the Client’s liability and that OÜ Plusmerk does not undertake the obligation of additional (i.e. besides username and password) verification of the Webpage user’s identity.
2.12 The Client is informed and agrees that OÜ Plusmerk has the right to process Client’s personal data according to acts of legislation in force in Estonia.
3. The rights and obligations of OÜ Plusmerk
3.1 OÜ Plusmerk is obliged to sell the Item to the Client who made the best bid with the offered price, to which is added in case of registering the change of owners in the Motor Vehicle Registration Centre the state fee for performing the procedure.
3.2 OÜ Plusmerk is obliged to deliver the acceptance to the Client who made the best offer at the auction within three working days after the end of the auction.
3.3 OÜ Plusmerk is obliged to make the Item accessible to the Client after the payment for the purchased Item has been made.
3.4 OÜ Plusmerk is entitled to limit or annul at one’s discretion the Client’s right of using the Webpage, including changes in the information disclosed by the Client on the Webpage, closure of the Client’s user account or disabling Client’s next registration in case the Client:
3.5 In case of violation of Client’s obligations determined in clauses 2.2 – 2.5 OÜ Plusmerk has the right to claim from the Client the contractual penalty in the value of 20% of the final price at the auction, but not less than 30€.
3.6 OÜ Plusmerk has the right to send to the Client personal commercial announcements and other offers. The Client has the right to refuse of the mentioned announcements by informing OÜ Plusmerk accordingly.
3.7 The Client gives OÜ Plusmerk the consent to process Client’s Personal Data for the purposes and to the extent specified in the Agreement. The Client has always the right to annul the consent, demand the termination of processing the Personal Data, deletion or closure of collected Personal Data as well as the closure of the user account. Withdrawal of the consent has no retroactive effect.
3.8 OÜ Plusmerk does not forward Personal Data to third parties nor disclose them unless the data is transferred to the body engaged in collecting the debts (collection of payments etc).
4. Final provisions
4.1 The Client and OÜ Plusmerk try to solve the disputes associated to using the Webpage through negotiations. In case the settlement is unreachable, the argument will be solved by Harju Maakohus (Harju County Court).