1.1. The User Agreement applies to all legal relationships between the User and Application owner.
1.2. Application owner (hereinafter - Service Provider) contact information is:
1.2.1. name of the Company : Ballwool OÜ;
1.2.2. registration country: Estonia;
1.2.3. registration number: 14842151;
1.2.4. Address: Harju maakond, Tallinn, Lasnamäe linnaosa, Majaka tn 26, 11412;
1.2.5. e-mail address: firstname.lastname@example.org;
1.2.6. Application website: www.ballwool.com.
1.3. By the services (hereinafter - Services) is meant a proposal an environment for User and considering this, providing ability to sell and purchase goods or services (hereinafter - goods) and other services provided in Application.
1.4. In addition to the User Agreement, relations between User and Service Provider are governed by the valid legislation of the Republic of Estonia, Application Price List (hereinafter - Price List) for the use of respective service, detailed terms and conditions of the service, if User informed about them, instructive texts and established good practices.
1.5. Any User Agreement provisions in conflict with the provisions of the law and thus invalid does not generally affect the validity of other provisions of the User Agreement.
1.6. All information exchange and communication between User and Service Provider exceeds in English unless another language is in use by agreement between User and Service Provider.
2.1. Service Provider provides its User a virtual platform as a service that enables registered Users of the Application to offer as traders goods/services for sale at a fixed price, whereas other Users using the Application can browse the offers, purchase goods and use other Application services. Along with ability purchase and sell User can communicate with other users by the use of private messages.
2.2. In case of the item/service sold for a fixed price, the sales contract between Seller and Buyer is deemed concluded when purchase is offered according to the terms and conditions specified in the sales offer and after Seller's confirmation of this order.
2.3. The sales and purchase contracts are entered between the Application Users between and the Users are fully responsible for due performance of the contracts.
2.4. The Parties are responsible for performance of the entered contract in full. The Parties shall commence activities for fulfillment of the contract (for example start negotiations on payment and transfer-receipt of the item) no later than within 7 days as of entering the contract and conclude the transaction within 21 days period to which delivery time specified by the Seller shall be added unless a shorter delivery time agreed or specified in sales conditions. The Parties shall conclude the contract in full in other words fulfil their obligations towards each other: the Buyer shall pay for the item and receive it or collect it, the Seller shall send or hand the item/service. Due dates are calculated as of the moment of entering the sales contract (applies to all due dates specified in the User Agreement, unless stated otherwise).
2.5. The Buyer shall accept the purchased goods without undue delay pursuant to clause
2.4 of the User Agreement. Upon receipt the Buyer shall inspect immediately received goods and packaging and ensure its compliance with the contractual terms and conditions and sales offer description.
2.6. Upon delivery of goods User shall consider the possible risks related to the chosen transportation sa well as the packaging requirements of the transportation service provider.
2.7. If it comes evident upon receipt of the goods that the goods including packaging, has been damaged during transportation, the Buyer has a right to refuse the acceptance of the delivery provided that the circumstance on which the refusal is based is documented with a photograph or a video recording that can be used to prove the given circumstance.
2.8. Service Provider does not participate in sales and other transactions conducted between the Users through the Application, nor does Service Provider act as an agent, broker, representative, commission agent, etc. of the Seller unless separately agreed otherwise. Service Provider is not a party to a sale or another contract and shall not accept any commitments in front of the Buyer and Seller. Among other things, but not only, Service Provider is not responsible for:
2.8.1. the quality and features of goods sold/purchased through the Application
2.8.2. the accuracy and legality of information published by the User in the Application;
2.8.3. inappropriate or unlawful behaviour of the Application User;
2.9. The exchange of any notices and information between the User and Service Provider takes place in writing in electronic form using contact details provided in the User Agreement, unless provided otherwise. Service Provider is not responsible for communication interruptions resulting from the technical failures or technical solutions of the e-mail service provider.
2.10. The Application itself and all its content are intellectual property and belong to Service Provider. By providing works/goods protected by copyright or other intellectual property rights to the Application, the User shall grant a license for exercising the existing property rights concerning these works to Service Provider, including the right to use the works submitted by the User in any manner, to authorise and prohibit use of the work in the Application, reproduce, distribute, translate, make adaptations, add the works to collection or databases and communicate the work to the public. Application User shall ensure and guarantee that the User, Service Provider and other Users of the Application are not in breach of copyrights and other intellectual property rights of third parties by using the Application. Failing to do so results in the obligation of the User to compensate the resultant damage and other costs.
3.1. The User shall:
3.1.1. submit completely correct Personal Data and contact information, including signing up with his/her correct and complete name and valid e-mail upon registering as a User of the Application and while using the Application and also update his/her information according to clause 3.1.12 of the User Agreement;
3.1.2. avoid using the Application for fraud or any other illegal transactions;
3.1.3. submit only correct information when using the Application, including correct information about the goods on sale (data describing the actual conditions of goods)
3.1.4. in addition to the final price of the item, the Seller may request that the Buyer reimburse the foreseeable and actual delivery charges of the item from its actual location to the location determined by the Buyer and ownership transfer costs stated in the sales or other contract, whereby all costs must be known to the Buyer at the moment of transaction. Other costs (incl. VAT and packaging fee) must be included in the item price;
3.1.5. ensure that data entered by the User (incl. item description, photos, electronic information, files, programs, e-mails, etc.) in the course of using the Application:
3.1.6. are not misleading, inaccurate and/or wrong;
220.127.116.11. do not include offers for the sale of prohibited goods;
18.104.22.168. do not violate proprietary and non-property rights (incl. intellectual property rights) of third persons; among other things, it is forbidden to offer pirated copies of items, use trademarks to promote items not related to these trademarks and add marked photos copied from other portals;
22.214.171.124. comply with laws and regulations (incl. legislation governing consumer protection, competition and export/import of goods);
126.96.36.199. are not contrary to good morals;
188.8.131.52. do not contain viruses and other computer programs or files that interrupt, damage or otherwise interfere with normal use of the Application and/or may be stored on the User’s computer as a result of using the Application and/or interrupt, damage or otherwise interfere its normal functioning;
184.108.40.206. are not linked to and do not contain information about a competitive Application unless specifically agreed with the Service Provider.
3.1.7. sell the item to the person who made an offer in compliance with the announced terms and conditions and paid the cost of the goods and delivery;
3.1.8. buy the goods if he/she made an offer in compliance with the announced terms and conditions;
3.1.9. not compile databases/lists of Application Users for any purpose;
3.1.10. refrain from submitting demands against Service Provider except in case of demands directly arising from the User Agreement;
3.1.11. maintain the password and username required for using the Application in a manner that prevents them from falling into the hands of third persons, except if the User has authorised such third persons to represent him/her in using the services. Among other things, the User understands and agrees that he/she is personally responsible for the confidentiality of his/her account-related username and password.
3.1.12. immediately amend all changed information and circumstances or if amending him/herself is not technically possible, inform Service Provider about such changes via e-mail.
3.1.13. immediately inform Service Provider via e-mail if his/her fixed password or username required for the Application is lost or has fallen into the hands of third persons;
3.1.14. refrain from simultaneously putting the item he/she offers for sale in Application up for sale outside of the Application at the least price;
3.1.15. refrain from encouraging any transactions outside of the Application in case of incoming offers, incl. publishing his/her own contact data in an item description (and questions-answers) except if the other party wishes to examine the item. Service Provider may interpret the publication of contact information as an intention to effect the transaction outside of the Application;
3.1.16. in the execution of concluded sales contracts and other such contracts shall specify payment methods and accept them as payment methods. The Seller can impose any special conditions resulting from method of payment, including set different sales terms and conditions or add an extra charge to the item.
3.2. By performing transactions in the Application, the User confirms that he/she:
3.2.1. is a person with active legal capacity and has the right to perform transactions enabled by the Application;
3.2.2. duly performs all User obligations specified in the User Agreement;
3.2.3. is aware that sales and other contracts are entered between the Users, and the Users are fully responsible for due performance of the contracts;
3.2.4. is aware that entering sales and other contracts entails a legally binding obligation and failure to fulfil such an obligation results in a breach of the obligation and brings about the liability for caused damage;
3.2.5. is aware that declaration and payment of any taxes (including income tax, VAT and social tax) on entered transactions arising from use of all services lies upon the User;
3.2.6. is aware that if the fixed password and username required for using the Application is made available to third persons, such third persons will be able to take on obligations that are binding for the User and fulfilment of which is the obligation of the User and that Service Provider bears no obligation to additionally verify (i.e. except username and password) the person using the Application.
3.2.8. has examined and accepts the valid Price List and other terms and conditions stated with clause 1.4.
3.3. The User shall pay a fee for services provided to him/her according to the Service Provider Price List regardless of whether transaction with the item was actually carried out or at what price the User entered the transaction. If the handling of a claim to Service Provider reveals that the transaction was not executed due to circumstances arising from the Buyer, the commission fee for the transaction calculated based on the Price List shall be returned to the Seller.
3.4. The User shall immediately pay for provided services to the Service Provider bank account within 7 days as of Service Provider submitting the electronic invoice, unless agreed otherwise. Service Provider is entitled to demand interest for delayed payments in the amount of 0.09% per delayed day. Overdue invoices shall be forwarded to a person engaged in debt recovery (debt collection agency) 4 weeks as of issuing the invoice, and all expenses related to debt recovery shall be born by the User.
3.5. The User has the right to rely on remedies provided by law in the event of non-compliance of Service Provider services to the User Agreement.
4.1. Considering reasonable circumstances and based on own reasonable assessment, Service Provider has the right to limit or terminate the right of a User to use the Application, change the information published on the Website by the User, close an offer or User account and prevent the User from re-registering as a new User:
4.1.1. if the User is in breach of the User Agreement or the obligations of the User resulting from it;
4.1.2. if the User has submitted false, misleading or inaccurate information when registering as an Application user or during using the Application;
4.1.3. if the User knowingly and intentionally spreads false information in the Service Provider Application, insults other persons in any way or behaves in an undignified manner;
4.1.4. if due to some other valid reason.
4.2. Service Provider has the right to monitor activities on its Application at any time, including monitoring the activities of the Application users. Service Provider may investigate all alleged breaches of the User Agreement and use any legitimate means for this purpose.
4.3. Service Provider has the right to remove User offers and consents and entered data from the Application at any time if these are contrary to the User Agreement, good morals, valid legislation or other terms and conditions stated in clause 1.4.
4.4. With the purpose to improve usage of the Application, Service Provider has the right to rearrange data within the Application without altering the content of User offers.
4.5. The User has the right to protest the decision of Service Provider stated in clause 4.1 by submitting a respective e-mail of Service Provider. Service Provider shall review the protest and leave the decision in force, amend it or cancel it.
4.6. Service Provider has the right to charge the User for using the service according to the Price List. For that purpose, Service Provider shall issue an electronic invoice to the User. If requested by the User, Service Provider will also present the invoice to him/her in written form.
4.7. Service Provider has the right to complete the transaction between the Buyer and the Seller (e.g. releasing deposit payment) if performance of the sales or other contract by one of the parties is verified and the right to reverse the transaction operations (e.g. payment) if failure to fulfil the sales and other contract by one party has been verified.
5.1. Service Provider has a right to unilaterally change and supplement the User Agreement, Price List and other terms and conditions stated in clause 1.4 at any point of time in relation to development of the Application and services and their improved and more secure use.
5.2. Service Provider shall notify the User of changes in clause 5.1 through notices published in the Application.
5.3. The changes stated in clause 5.1 shall become valid as of publication of the respective notice in the Application. The User has the right to cancel the services if he/she does not accept the changes. The User agrees to the changed terms and conditions by continuing to use the Application services.
6.1. The service and any content or service or feature related to the Application or made available through the Application is provided on the basis of "as is" or "as available" principle without any directly or indirectly expressed guarantee. Service Provider disclaims all guarantees to the extent possible under applicable law.
6.2. Service Provider is not responsible for circumstances including, but not limited to:
6.2.1. any interruption, stall, stop or other inaccessibility of the Application or service;
6.2.2. program errors, viruses, Trojans, etc. distributed or transmitted by someone to the Application or via its services;
6.2.3. deletion of any content or data or impossibility to save content or data;
6.3. Service Provider is not responsible for any violations committed by the User against third parties.
6.4. The User shall compensate any expenses, losses, claims, pecuniary claims and costs (incl. legal costs) directly or indirectly resulting from an infringement committed by the User to Service Provider and cooperation partners and subcontractors of Service Provider used for provision of services by Service Provider.
6.5. Service Provider is not responsible for any of the circumstances caused by a circumstance reasonably beyond Service Provider control, including, but not limited to, natural disaster, storm, fire, earthquake, explosion, flood, war, civil disturbance, rebellion, terrorism, lock-out or other job action, embargo, crime, weather and climate conditions, failure or inability of a third person to fulfil its obligations, power outage, any confiscation by a government or a government agency, their actual or potential measure.
7.1. The User Agreement is valid without a term.
7.2. Service Provider has the right to refuse to fullfill obligations of the User Agreement due to the presence of circumstances stated in clause 4.1 if the breach committed by the User does not enable the User to continue to use the Application according to reasonable estimations of Service Provider. If continued use is possible and reasonable due to circumstances, Service Provider shall set a deadline for termination of the violation and shall extraordinarily terminate the User Agreement if the set deadline is not met.
7.3. The User has the right to terminate the User Agreement at any time and demand his/her user account to be closed, if he/she has fulfilled all prior obligations in front of Service Provider and the other Users and 2 months has passed since his/her last transaction
8.1. Legal relations between the User and Service Provider arising from the User Agreement are governed by the legislation valid in the Republic of Estonia.
8.2. Any disputes arising from using the Application shall be solved between the User and Service Provider by means of negotiations. If agreement cannot be reached, the User may take the matter to the Consumer Disputes Committee, ODR environment at http://ec.europa.eu/odr or Harju County Court which has exclusive jurisdiction for resolving disputes arising under the Agreement.