Last modified: 06.04.2022
The term “customer” or “user” or “buyer” means a legal entity (or its agent) who has registered as a user of the Website for the purpose of purchasing materials. By accepting this user agreement and / or using the website, the customer confirms that he has carefully read the user agreement and gives his consent that the terms of the website and its service are binding on the customer.
The term “seller” means a legal entity (or its representative) who has registered as a user of the website for the purpose of selling materials. By accepting this user agreement and / or using the website, the seller confirms that he has read the user agreement carefully and gives his consent that the terms of the website and its service are binding on the seller.
Scope and Interpretation of the User Agreement
1.1. The user agreement applies to all legal relations between the customers and the website owner Rescraps OÜ when using the website services.
1.2. Rescraps OÜ (hereinafter “Rescraps”), contact information is as follows:
1.2.1. commercial register code: 16314670
1.2.2. address: according to the data of the Commercial Register;
1.2.3. e-mail address: firstname.lastname@example.org
1.3. Ps 1.1 of the User Agreement these services (hereinafter referred to as “the Service”) shall mean, in particular, the provision of an environment to customers and, in this context, the provision of the opportunity for businesses to sell, purchase and provide other services on the Website.
1.4. In addition to the user agreement, the relationship between the customer and the Rescraps is regulated by the legislation in force in the Republic of Estonia, the price list of the website (hereinafter “price list”), more detailed terms of service on the website, help texts and established good practices.
1.5. If any provision of the User Agreement conflicts with the provisions of the Act and thereby becomes invalid, this will generally not affect the validity of the other provisions.
1.6. All information exchange and communication between the Rescraps and the Customer takes place on the Website in Estonian, unless another language is used by agreement between the Customer and the Rescraps.
1.7. The website can be used in the most common web browsers according to the possibilities created by the Rescraps. The functionality and further development of the website and the related service is decided solely by the Rescraps.
General Terms of Service
2.1. The Rescraps provides customers with a virtual platform as a service that allows users registered on the website to offer materials for sale at an electronically fixed price, while customers using the website service can browse offers, purchase materials and use other website services.
2.2. In the case of fixed-price materials, the contract of sale between the seller and the buyer shall be deemed to have been concluded by the submission of a purchase offer by the buyer which complies with the conditions set out in the offer to sell.
2.3. Sales and other contracts are concluded between customers and are responsible for their proper performance.
2.4. After concluding the contract, the parties undertake to perform it in full. The parties must start the performance of the contract (e.g., start negotiations for the delivery and acceptance of the item) within 7 days of concluding the contract and complete the transaction within 21 days, plus the delivery time specified by the seller, unless a shorter or agreed other term is specified. The parties must complete the performance of the contract in full, i.e., fulfill their mutual obligations: the buyer must pay for the item and accept or pick it up, the seller must transfer or hand over the item to the buyer. The calculation of the terms starts from the moment of concluding the sales contract, i.e., from the time of making the purchase (valid for all terms specified in the user agreement, unless otherwise stated).
2.5. The Buyer undertakes to accept the purchased item without undue delay, based on the provisions of clause 2.4 of the user agreement. Upon receipt, the buyer undertakes to immediately inspect the received item (s) and packaging and make sure that it complies with the terms of the contract and the description of the offer to sell.
2.6. Upon delivery of the item, the customer undertakes to take into account the possible risks of the method chosen for transport and the requirements of the transport service provider for packaging.
2.7. If upon receipt of the item it becomes apparent that the item, including its packaging, has been damaged during transportation, the buyer has the right to refuse to accept it, provided that the refusal is captured by means of a picture or video.
2.8. The Rescraps does not participate in sales and other transactions made between customers on the Website, nor is the Rescraps an agent, representative, commission agent, etc., unless otherwise agreed. The Rescraps is not a party to the contract of sale or other and does not assume any obligations to the buyer or seller in this regard. Among other things, but not limited to,
2.8.1. the quality or characteristics of the items purchased / sold through the website;
2.8.2. for the accuracy or legality of the information published by the customer on the website;
2.8.3. for inappropriate or illegal customer behavior;
2.8.4. the existence of the client’s legal materials, permits and other such documents required by law;
2.9. The exchange of all notices and information between the customer and the Rescraps shall take place in written electronic form using the contact details provided in the user agreement or on the website, unless otherwise provided. The Rescraps is not responsible for communication interruptions caused by technical failures or technological solutions of the customer’s e-mail service provider.
Customer rights and obligations
3.1. The client undertakes:
3.1.1. provide fully correct company, personal and contact information when registering as a user of the website and using the website, including registering under your own correct and full name and using a valid e-mail address, as well as updating the specified information in accordance with clause 3.1.12 of the user agreement;
3.1.2. not to use the Website for fraud or other illegal transactions;
3.1.3. when using the website, provide only completely true information, including true data regarding the objects (data describing the actual condition of the object);
3.1.4. In addition to the final price of the item, the seller may demand from the buyer reimbursement of the expected and actual shipping costs from the actual location of the item to the location specified by the buyer and the cost of ownership of the item specified in the contract. Other costs (including VAT and packing costs) must be included in the price of the item;
3.1.5. ensure that the data entered by the customer when using the website (incl. description of the object, photos, electronic data, ie files, programs, e-mails, etc.):
188.8.131.52. are not misleading, inaccurate and / or false;
184.108.40.206. does not contain offers for the sale of prohibited articles;
220.127.116.11. does not infringe the proprietary or non-proprietary rights (including intellectual property) of third parties, including the piracy of goods, the use of trademarks to promote unrelated items, or the inclusion of tagged photographs copied from other portals;
18.104.22.168. complies with laws and regulations (including consumer protection, competition and export / import legislation);
22.214.171.124. is not contrary to good faith
126.96.36.199. does not contain viruses and other computer programs or files that interfere with, damage or otherwise interfere with the normal use of the Website and / or may be stored on the Customer’s computer as a result of the use of the Website, or interfere with, damage or otherwise interfere with its normal operation;
188.8.131.52. is not linked to or contains information about a website competing with the Website, except as specifically agreed with the Rescraps.
184.108.40.206. not to create databases or lists of customers or users of the Website for any purpose;
3.1.9. not to make claims against the Rescraps, except for claims arising directly from the user agreement;
3.1.10. keep the password and username fixed for the use of the website in such a way that they do not fall into the hands of third parties, unless the customer has authorized such third parties to represent them in the use of the services. Among other things, the customer understands and agrees that he is responsible for the confidentiality of the username and password associated with his account.
3.1.11. immediately change it yourself or, if this is not technically possible, inform the Rescraps by e-mail of all data and circumstances that have changed;
3.1.12. immediately inform by e-mail about the loss or loss of the password or user ID fixed for the use of the Rescraps website to third parties;
3.1.13. not to offer the item offered for sale on the website at the same time outside the website, unless reference is made to the offer on the website (except for the goods in the e-store);
3.1.14. in the case of ongoing offers, refrain from any incitement to an external transaction on the website, incl. The Rescraps may construe this action as a wish to make a transaction outside the system of the website;
3.2. By performing each operation on the Website, Customer confirms that he:
3.2.1. is a person with legal capacity who has the right to perform the transactions provided on the website;
3.2.2. duly fulfills all obligations of the customer provided in the user agreement;
3.2.3. is aware that contracts for the sale of goods, etc., are concluded between customers and that customers are fully responsible for their fulfillment;
3.2.4. is aware that the conclusion of sales and other contracts gives rise to a legally binding obligation and that failure to comply with such an obligation will render you liable for any breach of the obligation and any damage caused thereby;
3.2.5. is aware that the obligation to declare and pay taxes (including income, VAT and social security taxes) on all transactions arising from the use of services rests with the customer;
3.2.6. is aware that if the password and username fixed for the use of the website come into the possession of third parties, such third parties may assume obligations binding on the customer, which the Customer is not obliged to verify the identity of the user of the website;
3.2.8. has read and accepts the valid price list and others in clause 1.4. conditions indicated.
3.4. For the provided service, the customer is obliged to pay a fee in accordance with the price list of the Rescraps, regardless of whether the transaction of the item actually took place or at what price the customers made the transaction. If upon reviewing the claim submitted to the Rescraps, it is established that the transaction did not take place due to circumstances arising from the buyer, the commission calculated on the basis of the price list shall be refunded to the seller.
3.6. The customer has the right to submit a claim regarding the sales contract concluded via the Rescraps website. The claim must be submitted within 21 days as of the conclusion of the sales contract in clause 2.2 of the user agreement. conditions.
3.7. The Customer has the right to rely on the legal remedies provided by law in the event of non-compliance with the User Agreement for Rescraps Services.
Rescraps Rights and Responsibilities
4.1. The Rescraps has the right to restrict or terminate the right to use the customer’s website, change the information published by the customer on the website, close the offer or the customer’s user account and not allow the customer to re-register as a customer in the following cases:
4.1.1. the customer violates the user agreement or the customer’s obligations arising therefrom;
4.1.2. the customer has provided incorrect, misleading or inaccurate information when registering as a user of the website or using the website;
4.1.3. the customer knowingly and intentionally disseminates false information on the Rescraps page, insults other persons in any way or behaves in an unworthy manner;
4.1.4. for another important reason.
4.2. The Rescraps has the right to monitor the activities of the website at any time, including the activities of the users of the website. The Rescraps may investigate all alleged violations of the user agreement, using all legal means.
4.3. The Rescraps has the right to remove the customer’s offers and consents and entered data from the website at any time, if they are in conflict with the user agreement, good faith, applicable legislation or other provisions of clause 1.4. conditions indicated.
4.4. The Rescraps has the right at any time to make data transfers within the website within the website in order to make better use of the website, without changing the content of the customers’ offers.
4.5. The Customer has the right to contest the Rescraps in clause 4.1. the said decision by sending a corresponding letter to the e-mail address email@example.com. The Rescraps will review the dispute and whether it will uphold, amend or revoke the decision.
4.6. The Rescraps has the right to demand a fee from the customer for the use of the service according to the price list. At the customer’s request, the Rescraps will also issue an invoice to the customer in writing.
4.7. In points 3.1.1. – 3.1.14. In the event of a breach of the customer’s obligations provided for in the material, the Rescraps has the right to demand a contractual penalty from the customer, the amount of which is up to 20% of the final price of the offer and a minimum of 15 euros. In addition, the customer must reimburse the other party for the fees paid in connection with the offer for the services provided by the Rescraps, excluding the commission fee.
4.8. Rescraps has the right to complete the transaction between the buyer and the seller (for example, release of a deposit) if the performance of one party’s sales and other contract is proved and the right to reverse the transaction (such as payment) if one party’s non-performance is proven.
5.1. The Rescraps is entitled at any time due to the development of the website and services and in the interests of their better and safer use, the user agreement, the price list and other clauses 1.4. unilaterally amend and supplement the conditions set out in
5.2. The Rescraps undertakes to inform the customer of the changes indicated in clause 6.1 via notices published on the website.
5.3. Section 5.1. the indicated changes will take effect upon publication of the respective change on the website. The customer can cancel the ordered services if he does not agree with the changes. By continuing to use the services of the website, the customer agrees to the changed terms.
6.1. The Service and any content or service or feature made available in connection with or through the Website are provided “as is” and “as available” without warranty of any kind, either express or implied. The Rescraps disclaims all warranties to the fullest extent permitted by applicable law.
6.2. The Rescraps is not responsible for, but is not limited to, the following:
6.2.1. Any interruption, suspension or other unavailability of the Website or Service;
6.2.2. Program errors, viruses, Trojans etc. that spread or are transmitted by anyone to or through the Website;
6.2.3. Deletion or inability to store any content or data;
6.3. The Rescraps is not liable for any violations committed by the customer against third parties.
6.4. The Customer undertakes to indemnify the Rescraps and its partners and subcontractors used by the Rescraps for the provision of the service for all costs, damages, claims, property claims and expenses (incl. Legal costs) arising directly or indirectly from the violation committed by the Customer.
6.5. The Rescraps shall not be liable for any circumstance caused by a situation beyond the reasonable control of the Rescraps, including but not limited to natural disasters, storms, fires, earthquakes, explosions, floods, war, riots, riots, terrorism, labor shortages and strikes, lockouts or other industrial action, embargoes, crime, weather and climate conditions, non-compliance or failure to comply with obligations, power outage, confiscation by any government or governmental authority, actual or potential action.
Duration and termination of the user agreement
7.1. The user agreement is valid indefinitely.
7.2. The Rescraps has the right to terminate the user agreement in clause 4.1. in the event of the occurrence of this basis, if, in the reasonable opinion of the Rescraps, the violation of the customer does not allow the continued use of the website by customer. If this is possible and reasonable in the circumstances, the Rescraps will set a deadline for the Customer to terminate the breach in advance, failing which the Rescraps will terminate the User Agreement in an extraordinary manner.
7.3. The customer has the right to cancel the user agreement at any time and demand the closure of the user account if he / she fulfills all obligations to the Rescraps and other customers in advance and the customer’s last transaction has expired.
8.1. The legal relations between the customer and the Rescraps arising from the user agreement are governed by the legislation in force in the Republic of Estonia.
8.2. The customer and the Rescraps will try to resolve disputes arising from the use of the website through negotiations. If no agreement is reached, the customer may contact the Consumer Disputes Committee and in accordance with the procedures provided for in the applicable legislation. http://ec.europa.eu/odr or Harju County Court.