Please read it only in ENGLISH, other languages are automated translated and could differ to original!
By registering as a user in collectible-antiques.com (hereinafter referred to as the CA) and / or making transactions at the CA, you confirm that you have read carefully terms and conditions of this user agreement (hereinafter the User Agreement), agree with them, and undertake to fulfill them, as well as that you are an eligible and legally capable person entitled to make transactions and to use the CA’s services. The CA reserves the right to make the CA’s service usage dependent on presenting the written evidence of consent / power of attorney of the legal representative.
This user agreement shall apply to all legal relations arising between the person or the legal entity (hereinafter the User) and the owner of the website TheBestAntique OU, postal address: Allika tee 7, 75312, Peetri, Estonia, e-mail address: firstname.lastname@example.org (hereinafter the Manager) when using the CA’s services.
1. Definitions of concepts
1.1. The CA stands for the virtual environment, which is located at the Internet address collectible-antiques.com (including any other web page that belongs to collectible-antiques.com), sub-pages, pages in social networks, and other pages related to the CA.
1.2. The User stands for a person or a legal entity that has registered as a user of the CA or makes the transactions without creating a separate account. The Terms and Conditions of the User Agreement shall apply both to registered users, and to those who make the transactions without creating a user account. The registered users shall have enhanced opportunities for usage of the CA’s technical features.
1.3. The Account stands for a virtual account of a person or a legal entity on the CA.
1.4. The Service provided to the User by the CA stands for an offer to the User of the Internet environment for posting ads for sale of antique goods, communicating with buyers, and reading the ads posted by other users.
1.5. The User Agreement stands for this document, which regulates relations between the CA and the user, as well as regulates the legal basis.
1.6. The Price List stands for the document which sets out the prices for the services provided by the CA.
1.7. The Additional Terms and Conditions shall be an integral part of this document, including the confidentiality agreement, the ad publishing rules, the prohibited items list, and the price list.
1.8. The Statute stands for a law, a regulation, or any other law in force in the territory of the Republic of Estonia.
1.9. The Seller stands for a registered user who offers goods for sale via the CA’s service, thereby gaining income.
1.10. The Buyer stands for a user who wishes to purchase goods from the Seller via the CA service.
1.11. The Ad stands for the advertisement for an item for sale that is posted on the CA by the Seller, including its description, photos, price, and terms of fulfilment of the transaction regarding the object of sale. The Ad’s content shall be determined by the Seller based on their wishes within the CA technical capabilities.
2. General terms and conditions
2.1. The CA offers a virtual platform as a service to the users that allows the users, who are registered on the website as the sellers, to post the ads for antique items for sale, while the users using the CA’s service can browse offers, ask the seller questions, pay for the purchase via the Paypal service link provided by the CA (meanwhile the CA shall be not an intermediary in the transaction and shall not be liable for the Paypal service), and use the CA’s other services.
2.2. The CA shall not be an intermediary (agent, broker, representative, commission agent, etc.), when negotiating the purchase or concluding the sales and purchase agreement between the users, shall not be involved in the transactions, and shall not be a party to the sale transactions and other transactions made between the CA’s users. The sales and purchase agreements and other similar agreements shall be concluded by the users between each other, who shall be independently liable for proper fulfilment of such agreements. The CA shall in no way be responsible for fulfilment of arrangements and the sales and purchase agreements concluded by any of the parties. Among other things, but not limited to, the CA shall not be liable for:
2.2.1. quality, compliance with description, and properties of the items purchased / sold via the CA,
2.2.2. reliability and legality of the information published by the User on the CA,
2.2.3. improper or illegal behavior of the User,
2.2.4. delivery of the purchased item to the Buyer,
2.2.5. sale or attempted sale of a prohibited item,
2.2.6. making the transaction without proper authority (including, but not limited to, in case of selling goods without the consent of the owner, stolen goods, making the transaction by an incapacitated person or a person without power of representation, etc.).
2.3. Exchange of all the messages and other information between the User and the CA / Manager shall be in written electronic form when using the contact information stipulated in the User Agreement, or on the website, unless otherwise stated. The CA shall not be liable for interruption of communication, which arose due to technical problems of the e-mail service provider or technological solutions.
3. Liabilities, rights, and obligations of the CA
3.1. In addition to the User Agreement stipulated under clause 2, under no circumstances shall the CA be liable for:
3.1.1. all kinds of disputes between the users, including litigation, claims, and demands,
3.1.2. damages arising out of the usage or inability to use the services provided,
3.1.3. software errors, viruses, Trojans, etc., which are distributed or transmitted by someone to the website or through their services,
3.1.4. removal of any content /data or failure to keep the content / data,
3.1.5. violations committed by the user in relation to third parties.
3.2. The CA shall have the right, under the circumstances, according to its reasonable estimation, to limit or terminate the user’s right to use the CA, to change the information published by the user, to close the account and to prevent the user from registering again, if any violation of the User Agreement, the Additional Terms and Conditions or the applicable Statutes will be detected, as well as in the event that:
3.2.1. the user provides false, misleading, or inaccurate information, when registering as the user or using the CA,
3.2.2. the user consciously and deliberately spreads false information on the CA, offends others in any way or behaves unworthily,
3.2.3. for some other important reason.
3.3. The CA shall be entitled at its discretion to unilaterally change the Terms and Conditions of the User Agreement, the Price List, and the Additional Terms and Conditions, which come into force from the moment of their publication on the CA’s website. The User may opt out of the service ordered if they do not agree with the changes. By continuing to use the CA’s services, the User agrees to the changed terms and conditions.
3.4. The CA shall have the right to block the users or to restrict their access, if the users inflict damage on the CA, create various legal problems, violate laws, intellectual property rights or other agreements (in particular, commit the violations listed in paragraph 9.1), and to demand a penalty and reimbursement for the damage (lost profits and the costs associated with the interrupted business activity).
3.5. The CA shall have the right not to respond to the user’s messages, and to ignore requests, requirements or queries, which are contrary to the legislation, the User Agreement or the Additional Terms and Conditions.
3.6. The CA shall undertake to ensure the fulfilment of the services stipulated in the Price List unless it contradicts the Terms and Conditions of the User Agreement. The CA shall have no obligations to ensure the fulfilment of the services on the CA’s website, if this harms its reputation in the eyes of other users / in itself is economically deficient for the CA / is impossible due to force majeure, for technical reasons or for any other reason, that violates the interests of other users.
3.7. To improve the usage of the website, the CA shall have the right at any time to relocate data within the website, without changing the content of the users’ ads.
4. Liabilities, rights, and obligations of the User
4.1. The User shall be solely liable for the provision of false information about themselves on the CA’s website.
4.2. The User shall have the right to register and use only one account.
4.3. The User shall have the right to purchase goods, which are published by other users on the CA.
4.4. The User shall undertake to behave on the CA’s website according to the User Agreement, in good faith, and in accordance with the Estonian statutes and the applicable international statutes.
4.5. The User shall undertake to be independently liable for the content of the ads published on the CA, for the quality of the goods, as well as for its reliability and availability.
4.6. The User shall undertake to use the CA’s services in accordance with the User Agreement.
4.7. The User shall undertake to provide the CA only with correct data about themselves and the goods being sold.
4.8. In addition to the final price of the item, the Seller may demand from the Buyer the compensation for the expected and actual costs of forwarding the item from the item’s real location to the location indicated by the Buyer, as well as the costs of registration of ownership of the item specified in the Sales and Purchase Agreement or other similar agreement, while all the costs shall be known to the Buyer at the time of the purchase. Other expenses (including the Value-Added Tax and packaging costs) shall be included in the price of the item being sold.
4.9. The User shall undertake to immediately inform the CA about all the problems associated with the usage of the CA’s services.
4.10. The User shall undertake to inform the CA about the circumstances that may hinder the proper compliance with the User Agreement.
4.11. The User shall undertake to transfer the audiovisual content of the ads, including text, into a non-exclusive ownership of the CA; to do nothing that can create an excessively high load on the CA’s infrastructure; do not use any automated programs to collect or access information on the CA.
4.12. By posting the Ad, the Seller guarantees that it does not violate the existing Statutes, the property and non-property rights (including the intellectual property rights) of third parties, does not offer pirated copies of items and does not add the marked pictures that were copied from other portals.
4.13. The User shall not have the right to post or transmit through the CA any information in the form of a link and containing information about the website that competes with the CA.
4.14. The User shall undertake to keep the password and the account’s username so that they do not fall to third parties, except in cases when the User authorizes a third party to represent themselves when using the service. Among other things, the User understands and agrees that they are liable for the privacy of the username and the password associated with their account.
5.2. The User consents to sending messages and always shall have the right to cancel sending messages by the CA.
5.3. The CA shall undertake not to disclose the User’s personal data to third parties, except in the cases provided for by the Statutes.
6.1. The CA shall send the User the personalized messages, depending on the content of the messages being sent to the user-specified postal address, e-mail address, or the self-service section. Such messages shall be deemed received by the User after five (5) business days from the date of dispatch.
7. Resolution of disputes
7.1. The CA and the User shall be governed by the Statutes. Controversial issues shall be resolved through negotiations.
7.2. If the dispute or controversy failed to resolve by negotiation, then the dispute shall be resolved at the Harju District Court.
8.1. The Terms and Conditions of the User Agreement shall be interpreted in conjunction with other terms and conditions, giving each of them the meaning that comes from the User Agreement, as an integer value. When interpreting the terms and conditions, one shall prefer the interpretation that will make the agreement’s term or condition legal or valid.
8.2. In case of doubt in the expression, which can have more than one meaning, it shall be understood as it is more suited to the essence and purpose of the terms and conditions.
9. Breach of the contract
9.1. Breach of the contract shall be:
9.1.1. reproduction or publication of the information contained on the CA without the consent of the CA. copying the information contained on the CA may be fulfilled only by individuals for personal use,
9.1.2. provision of incorrect, inaccurate, or misleading data (including personal data),
9.1.3. transferring the Account to a third party without prior permission by the CA,
9.1.4. spamming and sending emails to other users without their consent (including mass mailing),
9.1.5. spreading computer viruses or any other technologies that may harm the CA or the users’ interests and property,
9.1.6. incitement of hatred, usage of foul language, promotion of violence,
9.1.7. registration and usage of multiple accounts of the CA,
9.1.8. any other activity that harms the reputation of the CA, interrupts the CA’s correct operations (in particular, reduces the safety and reduces the number of active users), reduces the quality of the services and the CA’s profit, and also violates the rights and interests of other users.
9.2. In case of violation of the agreement, the User shall reimburse the CA for any lost profits and the costs associated with the interrupted correct business activity and pay the penalty. Payment of the penalty shall not exempt from the fulfillment of the obligations.
9.3. When registering and using multiple (more than one) accounts on the CA, the User shall undertake to pay the CA’s penalty for each Ad published from an additional account.
9.4. Payment of the penalty shall not exempt the User from fulfillment of the obligations emanating from the User Agreement. In case of violation of the Terms and Conditions of the User Agreement, the CA may demand the penalty irrespective of the actual damage and justifiability of the violation.
10. Other terms and conditions
10.1. If the Terms and Conditions of the User Agreement will be contrary to the Statutes, then other parts of the User Agreement shall deem valid. The detected controversy with the Statutes shall be replaced by the CA with the term or condition which will correspond to the Statutes and will be as close as possible to the initial terms and conditions.
10.2. The User shall deem liable for the violation of the User Agreement, if the liability for the violation is attached to a representative of the User (their member of the board, the member’s alternate or another person who represents them on the basis of the law or a power of attorney), who used the account in their economic activities, including the User’s worker, employee, guarantor or customer.
10.3. The obligations set out in the User Agreement shall be fulfilled according to the terms established in the User Agreement, and if the timing is not provided, then no later than five (5) business days from the date of submission of respective requirements by the User or by the CA.
10.4. If the CA has not been working for technical reasons, so that the User was unable to use the service acquired from the CA wholly or partially, the CA shall enable the user to add the unused days or return unused money on the basis of a written application, submitted no later than 30 days from the resumption of work by the CA. The application shall be examined within 20 working days.
10.5. If the User is sure that blocking their account by the CA is unfair, then the User shall have the right to submit a written application explaining it to the CA. The application shall be examined within 20 working days. If the CA decides in favor of the User, then blocking their account shall be cancelled. The CA reserves the right not to respond to the application.
10.6. The validity of the User Agreement shall not be affected by the fact that the parties have not agreed on the terms and conditions that are essential for the determination of their rights and obligations, which suggests that the User Agreement would be concluded also without these unspecified terms and conditions. In this case, one shall apply the condition that, given these circumstances, is reasonable, based on the requests of the parties, the nature and purpose of the User Agreement, as well as the good faith.
11. Cost of services and their payment
11.1. Registration is free of charge. The usage of other services is in accordance with the Price List. The User’s obligations include familiarization with the Price List. The CA reserves the right to change prices for additional services at any time without prior notice.
11.2. The User shall be liable for correct compliance with the payment guide, and, if it is violated, the CA does not guarantee the remittance of funds. In the event of failure of the third-party payment system, the CA shall not be liable for any losses incurred in connection with the impossibility of the remittance of funds. In case of problems when making the payment, the User shall contact their servicing operator.
11.3. In case of violation of the User Agreement, the CA reserves the right not to return the unused funds to the User.
12. Determination of the User Agreement
12.1. The CA shall have the right to unilaterally withdraw from the User Agreement, blocking the User’s Account if the User does not fulfill their obligations under the Terms and Conditions of the User Agreement, to demand fulfillment of the obligations or the penalty, and to file a court complaint.
12.2. The validity of the User Agreement shall terminate automatically with blocking the User’s Account, but it does not exempt the User from fulfillment of the obligations emanating from the User Agreement.