By registering as a user on the website WWW.ITADAUCTIONS.COM (hereinafter referred to as "the website") or conducting transactions and using services on the website, you confirm that you have read the terms and conditions of this user agreement (hereinafter referred to as the user agreement), agree to them, and commit to complying with them.
The term "client" or "user" refers to a legal entity that has registered as a user of the website. By agreeing to this user agreement and/or using the website, the client confirms that they have carefully read the user agreement and consent to the terms of the website and its services being binding.
1.1. The user agreement applies to all legal relationships arising from the use of the website's services between the clients and the owner of the website, ITAD Auctions OÜ.
1.2. The contact details of ITAD Auctions OÜ (hereinafter referred to as "ITADAUCTIONS.COM") are as follows:
1.2.1. Address: Tartu maantee 84a-152, 10110 Tallinn, Estonia;
1.2.2. business registry code: 17061796;
1.2.3. Email address: [email protected]
1.3. The services mentioned in section 1.1 of this user agreement (hereinafter referred to as "service") primarily refer to providing an environment for clients and enabling the sale, purchase, and other services offered on the website related to products (hereinafter referred to as "products").
1.4. In addition to the user agreement, the relationships between the client and ITADAUCTIONS.COM are regulated by applicable European Union laws, the pricing on the website (hereinafter referred to as "price list"), specific terms of service available on the website, the help texts published on the website, terms and conditions of services offered by third parties, and other established good practices.
2.1. ITADAUCTIONS.COM offers clients a virtual platform service that allows registered users on the website to offer products for sale in electronic auctions (hereinafter referred to as "auction"). Clients using the website's services can browse bids, sell products at auctions, purchase products, and use other services on the website.
2.2. When selling products in the form of an electronic auction, the sales contract is considered concluded when a bid is made that becomes the winning bid. The buyer cannot withdraw the submitted bid.
2.3. Sales and other contracts are concluded between the clients themselves, who are responsible for their proper fulfillment.
2.4. After the conclusion of the contract, the parties are obligated to fully perform it. The parties must begin fulfilling the contract immediately after its conclusion and complete the transaction within 10 days unless a shorter or different period is specified in the sales terms. The parties must fully perform the contract, meaning the buyer must pay for and collect the products, and the seller must deliver or hand over the products to the buyer. The counting of deadlines starts from the moment the sales contract is concluded, i.e., the successful end of the auction.
2.5. The buyer is obliged to accept the purchased products without unreasonable delay, in accordance with section 2.4 of the user agreement. Upon receipt, the buyer is obliged to inspect the received products and packaging immediately and ensure their compliance with the contract terms and the description in the sales offer.
2.6. When delivering products, the client is obliged to consider the selected mode of transport, possible risks, and the packaging requirements set by the transport service provider.
2.7. If, upon receipt of the products, it is discovered that the product or its packaging has been damaged during transport, the buyer has the right to refuse acceptance, provided that the reason for refusal is documented by photo or video to allow later verification.
2.8. ITADAUCTIONS.COM does not participate in sales or other transactions made between clients on the website and is not the agent, broker, representative, or commissioner of the client unless otherwise agreed. ITADAUCTIONS.COM is not a party to the sales or other contracts and does not assume any obligations towards the buyer or seller. Among other things, ITADAUCTIONS.COM is not responsible for:
2.8.1. The quality or characteristics of products bought/sold through the website;
2.8.2. The accuracy or legality of the information published by the client on the website;
2.8.3. The inappropriate or illegal behavior of the client.
2.9. All notices and information exchanged between the client and ITADAUCTIONS.COM must be in written electronic form, using the contact details specified in the user agreement or on the website, unless otherwise stated.
2.10. The website and all its content, including intellectual property rights, belong to ITADAUCTIONS.COM. By submitting works or items protected by copyright or other intellectual property rights to the website, the client grants ITADAUCTIONS.COM a free, non-exclusive license to exercise the proprietary rights to these works, including the right to use, allow, and prohibit their use on the website, reproduce, distribute, translate, adapt, include in collections or databases, and communicate to the public. The client is obliged to ensure and guarantee that their use of the website does not infringe the copyrights or other intellectual property rights of ITADAUCTIONS.COM or other users. Otherwise, the client will compensate for the damages and other costs incurred.
3.1. The client is obliged to:
3.1.1. Provide accurate personal and contact information when registering as a user of the website and when using the website, including registering with their correct and full name and using a valid email address, and to update this information as necessary in accordance with section 3.1.12 of the user agreement;
3.1.2. Not use the website for fraud or other illegal transactions;
3.1.3. Provide only truthful information when using the website, including truthful data regarding products (data describing the actual condition of the products);
3.1.4. In addition to the final price of the product, the seller may require the buyer to compensate for reasonable and actual shipping costs from the product's actual location to the buyer's specified location, as well as the cost of transferring ownership of the item as specified in the sales or other contract. VAT is not included in the price.
3.1.5. Ensure that the data entered by the client on the website (including product descriptions, photos, electronic data, i.e., files):
3.1.5. Ensure that the data entered by the client on the website (including product descriptions, photos, electronic data, i.e., files):
3.1.5.1. Are not misleading, inaccurate, or false;
3.1.5.2. Do not contain offers to sell prohibited items;
3.1.5.3. Do not infringe third-party property or non-property (including intellectual property) rights, including not offering pirated copies of items, using trademarks to advertise unrelated items, or adding photos copied from other portals;
3.1.5.4. Comply with laws and other legal acts (including those regulating consumer protection, competition, and the export/import of items);
3.1.5.5. Are not contrary to good manners;
3.1.5.6. Do not contain viruses or other computer programs or files that interfere with, damage, or otherwise disrupt the normal use of the website, or that may, as a result of using the website, be saved to the client's computer and interfere with, damage, or otherwise disrupt its normal functioning;
3.1.5.7. Are not linked to or contain information about the seller's other sales environments unless specifically agreed with ITADAUCTIONS.COM.
3.1.6. Not to artificially raise the price of products at auction by entering bids on items they have listed for sale, or by using associated persons or users to raise the price.
3.1.7. To sell the item at auction to the highest bidder.
3.1.8. To purchase the item at auction if their bid was the highest.
3.1.9. Not to create databases or lists of the website's clients or users for any purpose.
3.1.10. Not to make claims against ITADAUCTIONS.COM, except for claims that arise directly from the user agreement.
3.1.11. To keep the password and username used to access the website secure, so that they do not fall into the hands of third parties, except where the client has authorized such third parties to represent them in using the services. Furthermore, the client understands and agrees that they are responsible for maintaining the confidentiality of their account username and password.
3.1.12. To immediately change or, if not technically possible, inform ITADAUCTIONS.COM by email of any changes to their data or circumstances.
3.1.13. To immediately inform ITADAUCTIONS.COM by email if the password or username used to access the website is lost or falls into the hands of third parties.
3.1.14. Not to offer products listed for sale on the website simultaneously outside the website, except when referring to the offer on the website.
3.1.15. To refrain from encouraging any external transactions during ongoing auctions, including not publishing contact details in the auction description (including in questions and answers or images). ITADAUCTIONS.COM may interpret the disclosure of contact details as an intention to conduct a transaction outside the website's system.
3.1.16. Not to change the auction description after receiving the first bid. The auction description can only be changed while the auction is pending, if it has not yet opened or while the auction is ongoing but no bids have yet been placed. Additional services can be ordered and images added.
3.2. The client confirms with each action on the website that they:
3.2.1. Are a legally capable person who has the right to conduct the transactions enabled on the website;
3.2.2. Will properly fulfill all obligations set forth in the user agreement;
3.2.3. Are aware that sales and other contracts are concluded between clients themselves, and the clients are fully responsible for their fulfillment;
3.2.4. Are aware that the conclusion of sales and other contracts creates a legally binding obligation and that failure to fulfill such an obligation will result in liability for breach and any damages caused;
3.2.5. Are aware that all taxes (including income, VAT, and social security taxes) arising from transactions resulting from the use of services must be declared and paid by the client;
3.2.6. Are aware that if the password and username used to access the website fall into the hands of third parties, these third parties may take actions that bind the client, and the client is responsible for fulfilling these obligations, and that ITADAUCTIONS.COM is not obligated to further verify the identity of the website user beyond the username and password;
3.2.7. Are aware and agree that ITADAUCTIONS.COM has the right to process the client's personal data in accordance with the Privacy Policy;
3.2.8. Have read and accepted the current price list.
3.3. The client is obliged to pay ITADAUCTIONS.COM the fee specified in the price list for the provided service, regardless of whether the transaction for the item actually took place or at what price the clients completed the transaction. If, after reviewing a complaint submitted to ITADAUCTIONS.COM, it is determined that the transaction did not occur due to reasons attributable to the buyer, the commission fee calculated according to the price list will be refunded to the seller.
3.4. The client is obliged to pay for the provided services to ITADAUCTIONS.COM's bank account within 7 days of receiving the electronic invoice from ITADAUCTIONS.COM unless otherwise agreed. For overdue invoices, ITADAUCTIONS.COM has the right to charge interest at the rate of 0.066% per day on the overdue amount. Overdue invoices will be forwarded to a debt collection agency after 4 weeks from the issuance of the invoice, and the client is obliged to cover all costs associated with the collection of overdue invoices.
3.5. The client has the right to submit a complaint to ITADAUCTIONS.COM regarding a sales contract concluded through the website. A complaint can be submitted within 60 days from the conclusion of the sales contract under the conditions of section 2.2 of the user agreement.
3.6. The client has the right to rely on the legal remedies provided by law in case of non-compliance of ITADAUCTIONS.COM's services with the user agreement.
4.1. ITADAUCTIONS.COM has the right, based on reasonable judgment, to restrict or terminate the client's right to use the website, to modify the information published by the client on the website, to close an offer or the client's user account, and to prevent them from registering as a client again in the following cases:
4.1.1. The client breaches the user agreement or obligations arising from it;
4.1.2. The client has provided false, misleading, or inaccurate information when registering as a user of the website or when using the website;
4.1.3. The client knowingly and intentionally spreads false information on ITADAUCTIONS.COM, insults other persons in any way, or behaves in an unseemly manner;
4.1.4. For any other significant reason.
4.2. ITADAUCTIONS.COM has the right at any time to monitor activities on the website, including monitoring user actions on the website. ITADAUCTIONS.COM may investigate any alleged violations of the user agreement using all legal means.
4.3. ITADAUCTIONS.COM has the right at any time to remove offers and agreements from the website if they are in conflict with the user agreement, good manners, applicable laws, or other conditions mentioned in section 1.4.
4.4. ITADAUCTIONS.COM has the right at any time to rearrange data within the website for better use of the website, without changing the content of client offers.
4.5. The client has the right to dispute the decision mentioned in section 4.1 by sending a relevant letter to the email address [email protected]. ITADAUCTIONS.COM will review the dispute and either uphold, modify, or cancel the decision.
4.6. ITADAUCTIONS.COM has the right to demand a fee for the use of the service in accordance with the price list. To request a fee, ITADAUCTIONS.COM will issue an electronic invoice to the client. Upon request, ITADAUCTIONS.COM will also issue an invoice in written form.
4.7. In the event of a breach of the obligations set out in sections 3.1.1 – 3.1.17, ITADAUCTIONS.COM has the right to demand a penalty from the client, which is up to 10% of the final offer price, but at least 50 euros. In addition, the client must compensate the other party for any fees paid in connection with the offer for services provided by ITADAUCTIONS.COM, except for the commission fee.
5.1. ITADAUCTIONS.COM has the right at any time to unilaterally modify and supplement the user agreement, price list, and other conditions mentioned in section 1.4 due to the development of the website and services and for better and safer use.
5.2. ITADAUCTIONS.COM is obliged to notify the client of the changes mentioned in section 5.1 through notices published on the website.
5.3. The changes mentioned in section 5.1 take effect upon publication on the website. The client may cancel the ordered services if they do not agree with the changes. By continuing to use the website's services, the client agrees to the amended terms.
6.1. The service and any content or service made available in connection with or through the website are offered on an "as is" and "as available" basis without any express or implied warranties. ITADAUCTIONS.COM disclaims all warranties to the extent permitted by applicable law.
6.2. ITADAUCTIONS.COM is not responsible, among other things, but not limited to:
6.2.1. Any interruption, suspension, cessation, or other unavailability of the website or service;
6.2.2. Program errors, viruses, Trojan horses, etc., that spread or are transmitted to the website or through its service;
6.2.3. Any deletion of content or data or the inability to save content or data.
6.3. ITADAUCTIONS.COM is not responsible for any breaches committed by the client against third parties.
6.4. The client is obliged to compensate ITADAUCTIONS.COM and its partners and subcontractors, used by ITADAUCTIONS.COM for service provision, for all costs, damages, claims, property claims, and expenses (including legal fees) arising directly or indirectly from the client's breach.
6.5. ITADAUCTIONS.COM is not liable for any circumstance caused by a situation that ITADAUCTIONS.COM is not reasonably able to control, including but not limited to natural disasters, storms, fires, earthquakes, explosions, floods, wars, civil unrest, riots, terrorism, labor shortages, strikes, lockouts, or other labor disputes, embargoes, crime, weather and climate conditions, failure or inability to fulfill obligations by a third party, or power outages, confiscation by any government or government agency, or any actual or potential measures.
7.1. The user agreement is valid indefinitely.
7.2. ITADAUCTIONS.COM has the right to terminate the user agreement for a justified reason as mentioned in section 4.1 if, in ITADAUCTIONS.COM reasonable judgment, the client's breach prevents them from continuing to use the website. If possible and reasonable, ITADAUCTIONS.COM will set a deadline for the client to correct the breach, failing which ITADAUCTIONS.COM will terminate the user agreement.
7.3. The client has the right to terminate the user agreement at any time and request the closure of the user account if they have fulfilled all obligations to ITADAUCTIONS.COM and other clients, and the period for submitting a claim under section 3.6 of the user agreement has expired since the last transaction.
7.4. If the client has not used their user account for 7 years, ITADAUCTIONS.COM will issue a warning about the deletion of the user account. If the client does not respond, i.e., does not log in to their user account, the client relationship is considered terminated, and ITADAUCTIONS.COM will delete the client's user account.
8.1. The client has the right to submit complaints to ITADAUCTIONS.COM for free handling by ITADAUCTIONS.COM's internal complaints handling system (hereinafter referred to as "the System").
8.2. The system allows the client to submit complaints on the following matters:
8.2.1. ITADAUCTIONS.COM has allegedly failed to fulfill a statutory obligation affecting the complaining client;
8.2.2. Technological problems in the ITADAUCTIONS.COM service that are directly related to the provision of online intermediation services and affect the complaining client;
8.2.3. Measures or behavior of ITADAUCTIONS.COM related directly to the provision of online intermediation services that affect the complaining client.
8.3. Complaints under this chapter must be submitted to ITADAUCTIONS.COM by email to [email protected].
9.1. Legal relationships arising from the user agreement between the client and ITADAUCTIONS.COM are governed by the applicable laws of the European Union.
9.2. The client and ITADAUCTIONS.COM will attempt to resolve any disputes arising from the use of the website through negotiations. If no agreement is reached, the client may refer to the Consumer Disputes Commission, the ODR platform at http://ec.europa.eu/odr, or the Harju County Court (unless the consumer has the right to refer to the court of their place of residence).
