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TERMS AND CONDITIONS
effective from 04.11.2020
By registering as a user of the websites www.metsaoksjon.ee or www.maaportaal.ee, by publishing purchase requests and/or sales offers, and/or by submitting data of purchase requests and/or a sales offers, and/or by placing a bid, I confirm that I have read and consent to these Rules of the portal (hereinafter Rules), and that I shall comply with these Rules.
- 1. Definitions
1.1. Portal – collectively the platforms www.metsaoksjon.ee and www.maaportaal.ee, where Objects are sold in online auctions, Clients can publish sales ads and purchase requests, Buyers can make binding /non-binding bids, and Clients are offered other auxiliary services provided by the Portal. Ads are published on the Portal in the chronological order, i.e. any add submitted earlier in time is prioritised over an add that was submitted later in time. Ads imported from portals interfaced with the Portal are displayed in the order of the when they were imported into the Portal.
1.2. Portal Administrator – Maaportaal OÜ, registry code 14619329.
1.3. Auctioneer – a person who has the right to add Objects to the Portal for the purpose of holding Auctioneer's Auctions.
1.4. Auction – an online auction held in respect of an Object, whether in the form of an Auctioneer’s Auction, or a DIRECTLY FROM OWNER Auction, where Buyers can make binding bids on the Object. An Auction may be one of the following:
1.4.1. Pending Auction – All auctions are given the ‘Pending Auction’ status for a minimum of 24 hours, during which period Buyers can examine the Object and the details and documentation thereof, but cannot place any bids;
1.4.2. Active Auction – All auctions are given the ‘Active Auction’ status for a minimum of 3 days, during which Buyers who have been admitted to participate in the auction can place binding bids on the Object;
1.4.3. Completed Auction – All auctions are given the ‘Completed Auction’ status once the Auction has ended, considering special aspects related to any extensions thereof.
1.5. Auctioneer’s Auction – A service provided by the Portal, where the Auctioneer auctions the Clients Object.
1.6. DIRECTLY FROM OWNER Auction – A service provided by the Portal where Owners themselves can auction Objects online via the Portal, i.e. without engaging the Auctioneer. DIRECTLY FROM OWNER Auctions are marked with a special tag ‘DIRECTLY FROM OWNER’, and are displayed in the Map App as a separate map layer.
1.7. DIRECTLY FROM OWNER ad – A service provided by the Portal where Sellers themselves can publish sales and rental ads on the Portal.
1.8. Object – Property sold on the Portal via an online auction or a DIRECTLY FROM OWNER Auction, or via an ad, namely:
1.8.1. at least 50 (fifty) cubic meters of felling rights to standing timber;
1.8.2. immovable property;
1.8.3. at least 20 (twenty) cubic meters of felled timber.
1.9. Client – A legal or a natural person with active legal capacity of at least 18 years of age, registered as a user of the Portal whether in the capacity of a Seller or a Buyer; or a natural person with active legal capacity of at least 18 years of age, who has sent a notice of intent to sell through an electronic channel or by e-mail.
1.10. Contact person – The legal or authorised representative of a Client who has the right to enter into transactions and assume obligations on behalf of the Client.
1.11. Seller – A person registered as a Seller on the Portal.
1.12. Buyer – A person registered as a Buyer on the Portal.
1.13. Highest Bidder – The Buyer who has placed the highest bid in an Active Auction. In the case of equal bids, the Highest Bidder shall be the person whose bid was entered earlier.
1.14. Winner – The Highest Bidder, who has placed the highest bid in an Active Auction, which is equal to or above the Reserve. The Winner can also be a person who has placed a bid falling short of the Reserve, but whose bid was accepted by the Seller. If no Reserve has been established, the Highest Bidder shall be declared the Winner.
1.14.1. If a Winner, being a legal entity, proves unable to purchase the Object (immovable property) for any reasons at law, the Auctioneer has the right, subject to a respective application made by the Winner, to declare the Contact person who placed the winning bid in the name of the legal entity the Winner.
1.15. Starting Price – The price of the Object at which an online auction starts, and at which the Seller is obliged to sell the Object, unless the Auction is organised with a Reserve.
1.16. Reserve – The lowest price at which the Seller is obliged to sell the Object. The Reserve is entered in euros, rounded to the nearest euro, with the amount concealed from Buyers, except in the case of a DIRECTLY FROM OWNER Auction. The maximum permissible amount of the Reserve is the Starting Price times three. If the final bid made by the Highest Bidder is lower than the Reserve, the Seller shall not be obliged to sell the Object. However, the Seller may accept a bid falling short of the Reserve. Such decision shall be taken within 72 hours after the auction has ended. If the Seller fails to give notice of their decision within 72 hours after the end of the auction, the highest bid falling short of the Reserve shall cease to be binding.
1.17. Price ‘Buy Now’ – The price of the Object established at a DIRECTLY FROM OWNER Auction, whereas the person, who makes a bid with such price shall be deemed to be the winner of the DIRECTLY FROM OWNER Auction. The ‘Buy Now’ price shall be entered in full euros, and the amount is publicly disclosed to Buyers. If a bid is placed at the ‘Buy Now’ price, the DIRECTLY FROM OWNER Auction shall be deemed concluded, and no additional bids may be made after such bid has been entered.
1.18. Price Increment – The increments in which Buyers may bid over the price. The Price Increment is established by the Auctioneer. The Price Increment is mandatory for auctions of felling rights to standing timber, rent of arable land, and immovable property. The Price Increment may be 100, 200, 300, 400 or 500 euros.
1.19. Automated Bidding – The opportunity for a Buyer to enter the highest Purchase price for which they wish to purchase the Object. Automated Bidding in the auction is triggered, once any of the Buyers have placed a bid that is higher than the last bid made by a Buyer who has entered the Automated Bidding price. After an Auction with a Reserve has ended, the system will make an automated bid at the highest bid entered by the leading Buyer, which shall not be higher than the set Reserve. If the bid of two or more Buyers using Automated Bidding is equal, the bid of the Buyer who entered their Automated Bidding price first shall take priority.
1.20. Purchase Price – The highest bid placed in an Active auction by the Winner.
1.21. Request to participate in an auction – a statement of intention of a Buyer who wishes to participate in an Auctioneer's Auction, along with the automated bid and the additional documents, which the Buyer submits to the Auctioneer electronically via the Portal. The Auctioneer may set limits on the time period for submitting requests to participate in an Auctioneer’s Auction. In such case, the time period for submitting requests to participate in the Auction shall be published in the Auctioneer’s Auction details. The Auctioneer may refuse to admit to the Auctioneer’s Auction any Buyers, who fail to submit their request to participate in an Auctioneer’s Auction in a timely manner and/or do not meet the Special Terms and Conditions, or who have earlier committed any breach of the Terms and Conditions. A DIRECTLY FROM OWNER Auction may be participated in without submitting a prior request.
1.22. Special Terms and Conditions – The terms and conditions established by the Seller in respect of the sale and auctioning of the Object, that Buyers undertake to comply with when placing their bids at an Auctioneer’s Auction. If the Special Terms and Conditions are in conflict with the Terms and Conditions or a part thereof, the Special Terms and Conditions shall prevail.
1.23. Automatically Extended Auction – All online auctions that take place on the Portal are automatically extended. In the case of an Auctioneer’s Auction, the period of extension may be 2, 5, or 10 minutes, whereas the period shall be established by the Auctioneer. In the case of a DIRECTLY FROM OWNER Auction, the period of extension shall be 10 minutes. This means that if a new bid is made within the time left until an Active Auction is due to come to an end, the end time of the Auction is extended by the set number of minutes from when the last bid was made. The Auction ends if no further bids are made within such set period of time.
1.24. Participation Fee – The amount of money that a Buyer, wishing to bid at an Auction of an Object, has to pay to the account indicated in the Special Terms and Conditions of the Object or on the Portal, before submitting their application to participate in an Auction. The Participation Fee may be applied to participants in an Auctioneer’s Auction, as well as to participants in a DIRECTLY FROM OWNER Auction. The Participation Fee is paid separately for each Object in whose Auction a Buyer wishes to participate. Participation Fees are not reimbursed or deducted from Purchase Prices. The Auctioneer has the right to not charge Buyers participating in an Auction a Participation Fee.
1.25. Down Payment – The amount, set forth in the Special Terms and Conditions, which a Buyer shall pay to the account indicated in the Special Terms and Conditions of the Object before submitting their application to participate in an Auctioneer’s Auction. The amount of a Down Payment is up to 10% of the Starting Price of the Object. When transferring a Down Payment a Buyer shall clearly indicate on the payment order the details of the Object for which the Down Payment is being made. Down Payment is paid separately for each Object in whose Auctions a Buyer wishes to participate. The Down Payment paid by the Winner shall be included on the Purchase price; other participants in the auction will be reimbursed for the Down Payment at the latest within 5 (five) banking days after the end of the Auctioneer’s Auction. If the Winner fails to conclude a contract of sale of the Object with the Seller within 1 (one) month, the Down Payment will not be reimbursed to the Winner.
1.26. Auction Fee – The fee paid by the Seller to the Auctioneer under the Auction contract or the brokerage contract. The Auction Fee shall be applied only to Auctioneer’s Auctions.
1.27. Bid falling short of the Starting Price – If an Auctioneer’s Auction ends without any bids being submitted, all Buyers registered as users of the Portal may submit their written bids, taking into consideration any specific features of the auctioned Object. A written bid shall be signed digitally and sent by e-mail to info@metsaoksjon.ee or info@maaportaal.ee at the latest on the day when the Auctioneer’s Auction of the Object ends. The written bid submitted by a Buyer shall be effective at least 14 (fourteen) days, and the respective confirmation shall be expressly set out in the bid. If bids of two or more bidders are equal, then priority is given to the bid of the bidder whose bid has arrived first. After registration of the written bids received the Seller shall decide at the latest within the time period specified in the Special Terms and Conditions whether or not they accept the highest bid falling short of the Starting Bid.
1.28. Map App – an auxiliary service of the Portal that offers Clients a quick overview of any purchase and sales offers of standing timber, forest land and arable land (auction ads, sales and auction ads ‘DIRECTLY FROM OWNER’, as well as sales ads published in real estate portals and other similar information), provides access to the e-Agent system, where buyers can track in regions of their interest any forest lands, logging areas and arable lands available for purchase, as well as arable lands available for renting. The Map App also provides a possibility of reviewing maps of forestry and agricultural businesses, add lists of immovable property objects, and different map layers (such as agricultural parcels of ARIB). The Map App is a fee-charging service and is provided as different packages (Bronze, Silver, Gold).
1.29. Price Calculator – an auxiliary service of the Portal allowing to calculate the minimum, average and maximum value of forest lands, logging or arable land.
1.30. Preliminary Bid – in case of Auctioneer’s Auctions, the Auctioneer may offer Clients a possibility to submit Preliminary Bids in respect of auctioned objects. If such Preliminary Bid option is provided, the Preliminary Bid shall be submitted no later than 12 hours before the auction becomes an Active Auction. By submitting a Preliminary Bid, the Client assumes a binding obligation to purchase the auctioned object. A Preliminary Bid is deemed validly submitted if it is submitted in respect of the auctioned Object at the Starting Bid and its terms and conditions of purchase as well as the proposed price are equivalent with the Starting Price and terms and conditions of the auction. Thereafter the Preliminary Bid data shall be forwarded to the Seller who shall decide whether to accept or reject the bid. If the Seller accepts the bid and the acceptance is given at the Pending Auction stage, the auction process will be suspended. If the Seller rejects the Preliminary Bid, the party who has submitted such Preliminary Bid will continue to participate in the Active Auction, if they submit an electronic bid in the regular manner. The Preliminary Bid option is not available in case of auctions for felled timber.
- 2. Scope and Interpretation of Terms and Conditions of the Portal
2.1. The Terms and Conditions apply to all legal relations between Clients of the Portal and the Auctioneer in respect of any Objects sold via the Portal, as well as to auxiliary services provided by the Portal.
2.2. In addition to the Terms and Conditions of the Portal, incl. the Auction Rules and the terms and conditions of the Object in question, relations between a Client and the Auctioneer are governed by the legislation of the Republic of Estonia.
2.3. The headings of sections and individual clauses of the Terms and Conditions are intended solely for the convenience of reading the document and shall not affect interpretation of the content of those sections or clauses.
2.4. Invalidity of any clause of the Terms and Conditions for being in conflict with the effective law will not affect the validity of any other provisions contained herein.
- 3. Participating in and Conducting Auctions
3.1. In order to participate in an Auction, it is first required to register either as a Buyer and/or a Seller, and to pay the Participation Fee, if applicable. In order to participate in an Auctioneer’s Auction, the Seller shall conclude an auction contract with the Auctioneer, and the Buyer shall submit a request to participate in the Auction, and pay the Down Payment, if the Auctioneer has established such requirement. In such case the obligation to pay the Participation Fee or the Down Payment shall be clearly set out in the Special Terms and Conditions and/or details of the Auctioneer’s Auction.
3.2. A Buyer who wishes to participate in an Auctioneer’s Auction shall meet the qualification requirements established by the Auctioneer and/or the Special Terms and Conditions, and shall submit a request for participating in the Auctioneer’s Auction along with the automated bid. After the Auctioneer has received the request to participate in the Auctioneer’s Auction, submitted electronically by the Buyer, the Auctioneer shall verify whether or not the Buyer satisfies the qualification requirements and/or the Special Terms and Conditions. If the Buyer satisfies the qualification requirements and/or the Special Terms and Conditions, the Auctioneer shall add the Buyer to the list of Buyers admitted to participate in the Auction, and their automated bid will be registered in the list of bids.
3.3. Persons who have previously violated any of the Terms and Conditions, incl. the auction rules, or who may be reasonably suspected of violating the Terms and Conditions, shall not be registered as Clients of the Portal or their right of use will be disabled.
3.4. Before an Object is placed up for the Auctioneer’s Auction, the Auctioneer and the Seller shall enter into a brokerage contract or an Auction contract (hereinafter also referred to as Authorisation Contract). The Authorisation Contract being concluded shall set out the details of the Object, its Starting Price, and information related thereto, which may be relevant to the sale, as well as the amount of the brokerage fee to be paid to the Auctioneer, i.e. the Auctioneer’s Auction Fee, and the Auctioneer’s Auction Starting Fee, if the same has been established. The Authorisation Contract shall set out the actions to be taken for placing the Object up for the Auctioneer’s Auction, as well as any additional terms and conditions.
3.5. Any contracts of sale and other contracts, entered into as a result of DIRECTLY FROM OWNER Auctions, shall be entered into directly by Clients, without any participation of the Portal Administrator. The Clients themselves shall be liable for due performance of the contracts entered into by them. The Portal Administrator is not a party to any contract resulting from a DIRECTLY FROM OWNER Auction, and will assume no obligations towards Clients in connection with the same. Inter alia, the Portal Administrator is not an agent, broker, representative, or a commission merchant of the Client who initiated on the portal the DIRECTLY FROM OWNER Auction. The Portal Administrator will assume no liability for the quality or the quantity of the Object proposed to be sold/ rented via a DIRECTLY FROM OWNER Auction. The Portal Administrator has the right to charge a fee for the publication of DIRECTLY FROM OWNER Auctions, and any auxiliary services related thereto. A DIRECTLY FROM OWNER Auction is made available for users of the Portal within 72 hours after the auction has been entered into the Portal. Users of the fee-charging Map App packages have access to DIRECTLY FROM OWNER Auctions immediately after they are submitted.
3.6. If the Auctioneer has set a Participation Fee and/or Down Payment as a condition precedent for participating in an Auction, the Buyer shall pay the respective sums to the bank account indicated in the Special Terms and Conditions and/or the Auction details before the Object is entered for the Auction, and shall promptly notify the Portal Administrator thereof. The Auctioneer may ban any Buyers, who have failed to pay the Participation Fee and/or Down Payment or who do not meet the qualification requirements established by the Auctioneer, from participating in the Auction. If the precondition for participating in a DIRECTLY FROM OWNER Auction is payment of the participation fee, the participation fee has to have been credited to the account of the Portal Administrator. If the fee for the participation in the auction is paid by a bank transfer, the payee of the participation fee shall notify the Portal Administrator of such payment, and present the respective payment order. If the participation fee is paid via a bank link, the payee is given access to the auction automatically.
3.6.1. If the Auctioneer allows payment of the Auction participation fee or the Down Payment through electronic channels, the Buyer shall click on the 'Back to Merchant' icon after having made their payment via a bank link. Otherwise the Buyer shall not be automatically added to the list of admitted participants and will not be able to participate in the Auctioneer’s Auction right away. In such an event the Buyer should immediately contact the Auctioneer. Later complaints shall not be reviewed, and the paid Participation Fee and Down Payment shall be reimbursed in accordance with the established procedure.
3.7. The minimum period of the Auctioneer’s Auction Process for an Object, during which the status of the Auction is Pending Auction and Active Auction, is 4 (four) days. This provision does not apply to DIRECTLY FROM OWNER Auctions.
3.8. An Auction starts at the time and on the date stated in the notice of the Auction.
3.9. During an Auction for an Object, the Auctioneer may provide Buyers with information related to the Object, which is necessary for placing binding bids.
3.10. Purchase Price bids for the auctions of felling rights of standing timber, immovable property, and of arable land shall be placed in euros, rounded to the nearest euro, and in the increments established by the Auctioneer. Every Buyer has the right to place their bid that must be higher than the last bid. A bid for Purchase Price shall also be considered fair and taken into account if a Buyer places a bid that is higher than the currently highest bid that they themselves placed. In the case of Automated Bidding, the bid placed by a Buyer that is closest to the most recent bid and/or the Reserve shall be registered, taking into account the time of entry of the automated bid, the Price Increment and the amount of the bid.
3.11. Special provisions applicable to Auctioneer’s Auction for sale of felled timber with obligation of delivery:
3.11.1. The first bid placed by a Buyer shall include the place of delivery, the delivery term, the amount to be purchased and the Purchase Price of felled timber. The Buyer may raise the Purchase Price in subsequent bids. The Buyer may not amend the place of delivery, the delivery term, and the amount to be purchased. A bid for Purchase Price shall be deemed correct and shall be taken into account also if a Buyer places a bid that is higher than the currently highest bid placed by that Buyer.
3.12. An Auction shall end at the time and on the date indicated in the details of the Object, considering specific aspects stemming from extension thereof.
3.13. Following the completion of an Auctioneer’s Auction, the Seller and the Winner shall enter into a sales contract for the Object within the Period of time indicated in the Special Terms and Conditions of the Object.
3.14. Special provisions applicable to the sale of the Object at the Reserve:
3.14.1. If at the Auction no party makes a bid at the price equal or higher than the Reserve established for the Object, then after the Auction ends, the amount of the Reserve set for the Object shall be disclosed to the Highest Bidder, after which the Highest Bidder shall be offered to buy the Object for the Reserve. If the Highest Bidder does not wish to raise their bid made at the Auction to the Reserve, and wishes to stand by the bid made at the Auction, the Seller may decide within 72 hours following the end of the Auction whether to accept the bid falling short of the Reserve as per clause 1.16 of the Terms and Conditions.
3.15. If no bids are received during the Auction for an Object, or if the highest bid does not exceed or is not equal to the Reserve, and the owner does not accept the highest bid falling short of the Reserve, or if after the end of an auction with the Starting Price no written are received on the same day, or if the owner declines such bid, the Auction shall be declared unsuccessful.
3.16. The Portal Administrator offers Purchasers, whether a or a legal person, a possibility to apply for a loan from AS Bigbank (registry code 10183757, address Riia tn 2, Tartu) via the Portal. A Purchaser who is a natural person can submit on a Portal a small loan application in the amount of up to 25,000 EUR for a maximum period of 10 years and with a fixed interest rate of 12% of the loan balance per year. A Purchaser who is a legal person can apply for a commercial loan in the amount of 25,000 EUR with the maturity period of 3 months to 5 years, whereas a surety provided by the owner of the legal period is sufficient to secure the commercial loan. In order to apply for the commercial loan, the Purchaser is directed to the website of AS Bigbank.
3.17. In addition to loans specified in clause 3.16, the Portal Administrator also intermediates via the Portal forest insurance contracts offered by IF P&C Insurance AS (registry code 10100168, address Lõõtsa 8a, Tallinn). The forest insurance contracts provide insurance coverage against the following risks: forest and forest plantation fire risks as well as combined risks of complex forest and plantation insurance.
- 4. Service ‘DIRECTLY FROM OWNER ads’
4.1. On the Portal Clients may publish purchase requests, ads related to selling and renting of Objects. The Portal Administrator has the right to charge a fee for the publication of DIRECTLY FROM OWNER ads, and any auxiliary services related thereto.
4.2. Bids made in response to sales or rental ads are not binding on the Seller.
4.3. A DIRECTLY FROM OWNER ad is active on the Portal for 1 month, or another period stated in the ad. A DIRECTLY FROM OWNER ad is made accessible to users of the Portal within 72 hours after the ad has been submitted to the Portal. Users of the fee-charging Map App packages have access to DIRECTLY FROM OWNER ads immediately after they are submitted.
4.4. On the Portal any DIRECTLY FROM OWNER ads are marked with a special tag ‘DIRECTLY FROM OWNER’, and are displayed in the Map App as a separate map layer.
4.5. When publishing a DIRECTLY FROM OWNER ad, the Client may enter in the description of Object section only such information that describes the Object in question. The Portal Administrator retains the right to delete an ad published by a Client from the Portal, if the ad violates any provisions of these Terms and Conditions. The Portal Administrator is not obliged to provide any reasons for deleting the ad.
- 5. Rights and Obligations of Client
5.1. The Client shall:
5.1.1. submit true information upon registering as a user, including register under their correct (i.e. legally valid) and full name, submit an accurate personal identification and/or registry code and use a valid e-mail address;
5.1.2. promptly notify the Portal Administrator by e-mail of any details or circumstances that have changed in comparison with those submitted upon registration as a client;
5.1.3. authorise at the request of the Portal the Portal Administrator to examine the ownership related information pertaining to any immovables of the Client, entered into the land register of the Land registry department of the Tartu County Court. The authorisation shall be deemed granted to the Portal Administrator, when a digitally signed copy thereof has been delivered to the e-mail address stated by the Portal. The obligation set forth in this clause only applies to Clients being legal entities;
5.1.4. in the case of an Auctioneer’s Auction, when submitting their notice of desire to sell, or registering as a Seller, authorise the Administrator of the Portal to examine the full inventory data of the forest constituting the Object, entered into the state register for the accounting of forest resource.
5.2. The Client shall not:
5.2.1. use the Portal for any unlawful purposes;
5.2.2. solicit others to perform or participate in any unlawful acts;
5.2.3. violate any international or local rules and legislation;
5.2.4. harass, abuse, insult, damage, defame, revile, belittle, threaten or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
5.2.5. submit false or misleading information;
5.2.6. upload or communicate any viruses or malware of any other type that is or could be used in a manner affecting the functionality or performance of the Portal;
5.2.7. use the Portal for any indecent or immoral purposes;
5.2.8. interfere with or ignore any safety elements of the Portal;
5.2.9. use the Portal if the Client is not able to conclude legally binding contracts (e.g. is under 18 years of age) or if you are temporarily or permanently banned from using the services of the Portal;
5.2.10. disclose their account or password to another party.
5.2.11. use contact information published in respect of any auction objects and/or ads related to selling and renting of objects, as well as any other information in order to offer persons linked with such ads any services similar to those of the Portal.
5.3. Clients have the right to change their e-mail address. To change any other data and personal details submitted upon registration, the Client shall send a respective digitally signed application to the Portal Administrator.
5.4. Sellers have the right to monitor the progress of Auctions of their Objects. While an Object has the status of an Active Auction, or if the Auction is declared unsuccessful, the details of the Buyers taking part in the Auction shall not be disclosed to the Seller. This restriction does not apply to DIRECTLY FROM OWNER Auctions.
5.5. The Seller shall:
5.5.1. submit true and legally valid information upon registration and entering into the Auctioneer’s Auction Contract, including truthful information concerning the Object;
5.5.2. ensure that details submitted in connection with the use of the Portal:
5.5.2.1. are not false or misleading and/or inaccurate;
5.5.2.2. do not infringe any rights of third parties;
5.5.2.3. are not contrary to effective law and accepted customs;
5.5.3. not sell an Object or a part thereof, sold via the Portal in an auction, outside the Auction;
5.5.4. not contact Buyers participating in the Auction with a view to transfer the Object of Sale without an Auction;
5.5.5. wherever possible, offer persons interested in an Object a possibility to inspect the Object at pre-arranged times during the period from addition of the Object to the Portal until the end of the Auction;
5.5.6. if a bid is accepted, enter into a contract of sale of the Object with the Buyer, within the time frame specified in the Special Terms and Conditions, considering the reasonable time needed to prepare the sales transaction, but not later than within 1 month;
5.5.7. not encumber the Object or part thereof with third-party rights. If at the time when the same was entered into an Auction, the Object or a part thereof is encumbered with any third-party rights, the Seller shall make arrangements for deleting such rights before entering into the sales contract or at the latest in the sales contract;
5.5.8. pay the Auctioneer the agreed fee in accordance with the Authorisation Contract. The Seller shall also pay the Auctioneer the fee, in the event that the contract for the transfer of the Object is entered into by the Seller or a person acting on behalf of the Seller without an Auction, or after the expiry of the Authorisation Contract;
5.5.9. within 24 hours after any Auction Object owned by them is added to the Portal, examine the details of the Auction Object and, if accurate, confirm the same. If any of the details need changing, the Seller shall promptly notify the Auctioneer thereof. After having confirmed the details the Seller shall be full responsible for the accuracy of the Auction details;
5.5.10. having accepted a bid, not withdraw from the contract of sale of the Object without any good reason referred to in the Authorisation Contract.
5.5.11. ensure that any photos or other files uploaded by them into the Portal are free of viruses and other computer programmes that disturb, harm, or otherwise impede normal use of the Portal, and/or, if the same are saved in the Client’s computer through the use of the Portal, which could disturb, harm, or otherwise impede the normal functioning thereof;
5.5.12. ensure that the ad added by them to the Portal does not their contact information or contact information of third parties.
5.6. In the case of an Auctioneer’s Auction, if the Seller commits a breach of any of the obligations provided in clause 5.5 of the Terms and Conditions, the Seller shall pay the Auctioneer a contractual penalty of 10% (ten percent) of the Starting Price of the Object and compensate all expenses associated with the auctioning of the Object. Furthermore, in the event of any breach of the obligations set forth in clauses 5.5.3, 5.5.7 and 5.5.10 of the Terms and Conditions, the Seller shall pay the Winner a contractual penalty of 5% (five percent) of the Starting Price of the Object. In the case of a DIRECTLY FROM OWNER Auction, if the Seller commits a breach of any of the provisions set out in clauses 5.5.2, 5.5.3, 5.5.6, 5.5.7 and 5.5.11 of the Terms and Conditions, the Seller shall pay the Winner a contractual penalty of 1% (one percent) of the Starting Price of the Object, but not more than 500 (five hundred) euros.
5.7. The Buyer shall:
5.7.1. submit complete and true (legally valid) information when registering as users;
5.7.2. ensure that details submitted in connection with the use of the Portal:
5.7.2.1. are not false, misleading and/or inaccurate;
5.7.2.2. do not infringe any rights of third parties;
5.7.2.3. are not contrary to effective law and accepted customs;
5.7.3. enter into a contract of sale of the Object with the Seller, within the time frame specified in the Special Terms and Conditions, considering the reasonable time needed to prepare the sales transaction, but not later than within 1 month;
5.7.4. not contact a Seller with the aim of acquiring the Object outside of the auction.
5.8. In the case of breach of the obligations set forth in clause 5.7 of the Terms and Conditions, the Buyer shall pay the Auctioneer a contractual penalty of 5% (five percent) of the Starting Price of the Object and compensate for all expenses associated with arranging the sale of the Object. Furthermore, in the event of a breach of the obligations set out in clause 5.7.3 of the Terms and Conditions, the Buyer shall pay the Seller a contractual penalty of 5% (five percent) of the Starting Price of the Object. In the case of a DIRECTLY FROM OWNER Auction, if the Seller commits a breach of any of the obligations set forth in clause 5.7 of the Terms and Conditions, the Buyer shall pay the Seller a contractual penalty of 1% (one percent) of the Starting Price of the Object, but not more than 500 (five hundred) euros.
5.9. By submitting the application for participation in the Auction and/or by making a bid at a DIRECTLY FROM OWNER Auction, the Buyer warrants that they:
5.9.1. have examined the Object, the details thereof, the Special Terms and Provisions, and the documentation, and have no claims with regard to the Object;
5.9.2. they are a natural person with full active legal capacity and of at least 18 years of age, and/or the authorised representative of a legal person who has all the required powers to place bids on Objects being sold via the Portal on behalf and in the name of the legal person, to otherwise act in the name of the legal person and to assume obligations on behalf of the legal person;
5.9.3. are aware that being declared the Winner of an Auction results in a binding purchase obligation and that failing to meet this obligation means forfeiting any Down Payment and/or taking full responsibility for any damage caused as a result of breaching this obligation;
5.9.4. have examined the Restrictions on Acquisition of Immovables Act, and are aware of the specific aspects of acquisition of immovable property arising from this Act;
5.9.5. meet the qualification requirements provided by the Auctioneer in the Special Terms and Conditions and/or details of the Auctioneer’s Auction.
- 6. Rights and Obligations of Auctioneer
6.1. The Auctioneer has the right to monitor Auctions, including bids made by Buyers on Objects of Sale at any time. The Auctioneer may investigate any alleged breaches of the Terms and Conditions, employing any and all legal means to do so.
6.2. The Auctioneer has the right to remove a Buyer from an Auction and/or any bids made by the Buyer in the course of the Auction at any time if the Buyer has been or is in breach of the Terms and Conditions and/or if the bids made by the Buyer are in contravention of the Terms and Conditions and/or the terms and conditions of the Object and/or effective law and/or accepted customs.
6.3. The Auctioneer has the right to terminate an Auction of an Object at any time if they have become aware of circumstances that could prevent the later transfer of an Object. The respective notice shall be sent to all Buyers who have been given permission to participate in the Auction via e-mail.
6.4. The Auctioneer has the right to refuse providing any expert opinions concerning the Object. The Auctioneer does not need to substantiate their decision.
6.5. The Auctioneer shall have the right to decline admittance to an Auction of any Buyers who do not meet the qualification requirements set out in the Special Terms and Conditions and/or the Auctioneer's Auction details. In such case, the Auctioneer shall refund the Participation Fee and/or the Down Payment paid by the Buyer to the Buyer's bank account within 5 (five) banking days as of the day when the Auctioneer became aware of the circumstances causing the failure to meet the qualification requirements.
6.6. The Auctioneer may suspend the Auction at any time, if the same is caused by any technological faults. After having remedied the faults the Auctioneer shall resume the Auction extending, when appropriate, the extending times of suspended Auctions by the period of time set by the Auctioneer.
- 7. Rights and Obligations of Portal Administrator
7.1. The Portal Administration, in cooperation with the Auctioneer, shall have the right to restrict or cancel the Client's right to use the Portal, if:
7.1.1. the Client fails to comply with the Terms and Conditions and/or the Special Terms and Conditions of an Object;
7.1.2. the Client's warranties are false or misleading and/or inaccurate;
7.1.3. upon registration as a user, or the use of the Portal, the Client has provided information, which is false, misleading and/or inaccurate.
7.2. The Portal Administrator has the right to unilaterally amend the Terms and Conditions at any time, and make any changes in the interest of improved use of the Portal, and to relocate data about any bids made by Buyers, without however amending the content of the bids in doing so. In the event of amendment of the Terms and Conditions, the Portal Administrator shall notify the Client thereof via the Portal or by e-mail at least 15 days before the amendments take effect. The Client may cancel the contractual relationship within 15 days from receiving the amendment notice, if the Client disagrees with the amendments. If the Client fails to express their intention to terminate the contract in a format reproducible in writing, the amendments shall be deemed effective.
7.3. The Portal Administrator has the right to unilaterally amend any ads added by Users to the Portal, incl. ad photos to DIRECTLY FROM OWNER Auctions, and make editorial corrections in the ad in order to improve its readability.
7.4. The Portal Administrator has the right to add to the Portal third-party ads, incl. ads published by the Land Board.
7.5. Information (incl. personal data) obtained by the Portal Administrator from Clients and the Auctioneer through their use of the Portal, or which is otherwise gathered about Clients as a result of their use of the Portal, shall be used by the Portal Administrator solely for the running and development of the Portal. Neither Clients nor the Auctioneer have the right to charge remuneration for providing such information. The Auctioneer and the Administrator shall process personal data in line with the legislation governing protection of personal data.
7.6. The Portal Administration, in cooperation with the Auctioneer, may refuse to register a person as a Client or disable an account of an already registered person. The Portal Administrator is not obliged to provide reasons for their refusal to register the person or disabling their account.
7.7. The Portal Administrator retains the right to suspend an Auction (incl. a DIRECTLY FROM OWNER Auction) at any time, if the same is caused by any technological faults. After having remedied the faults the Portal Administrator shall resume the auction process extending, when appropriate, the term of the suspended Auction (incl. a DIRECTLY FROM OWNER Auction) by a period of time set by the Portal Administrator. Notwithstanding the above, the Portal Administrator shall assume no liability for any interruption, suspension of the Portal or any services provided via the same, or their becoming otherwise unavailable.
7.8. If access to the Portal or an Auction is suspended or limited, the Portal Administrator shall provide the Client in writing the reasons for suspending or limiting the Client’s use of the Portal (incl. the Auction process) before such suspension or limitations takes effect. If the Portal Administrator cancels the Client’s right to use the Portal, the Portal Administrator shall give the Client in writing the reasons for cancelling the right of use 30 days before the right is cancelled. The Portal Administrator is not obliged to observe said time limits applicable to terminating access to the Portal, if:
7.8.1. there is a legally binding obligation applicable to the Portal Administrator to discontinue provision of the service via the Portal, or if the Portal Administrator acts pursuant to law when ending the right of use;
7.8.2. The Client has committed repeated breach of these Terms and Conditions.
- 8. Objections and Complaints Resolution Procedure
8.1. Buyers and the Seller may lodge objections with the Auctioneer regarding any action taken and decisions made in the course of an Auctioneer’s Auction. Objections shall be lodged with the Auctioneer within three (3) days of the end of an Auction of an Object. The data and/or the Special Terms and Conditions of an Auction may provide a different procedure for the resolution of objections lodged in respect of an Auctioneer’s Auction. In this case, the objection resolution procedure laid down in the Special Terms and Conditions and/or the details of the Auctioneer’s Auction shall apply.
8.2. The lodged objections shall be signed digitally, and contain the following information:
8.2.1. the name and address of the lodging party;
8.2.2. the substance of the action or decision being objected against, and an argument stating the reason why the party lodging the objection feels that their rights have been breached;
8.2.3. the clearly expressed request of the party lodging the objection.
8.3. The Auctioneer shall review the objection and decide on acceptance or rejection thereof within three (3) days of its receipt. When reviewing an objection, the Auctioneer shall be governed by the Terms and Conditions, the Special Terms and Conditions, the effective legislation, and the accepted practices, taking into account what has occurred in the course of the Auction of the Object.
8.4. The performance and conduct of any transactions provided in the Terms and Conditions in respect of the Object shall be suspended for the duration of reviewing the objection.
8.5. If an objection is granted, the Auctioneer has the right to declare the Auction of the Object unsuccessful, and to arrange a new Auction for the Object.
8.6. If an objection is rejected, the result of the Auction of the Object shall stand.
8.7. Decisions taken by the Auctioneer are binding on all Buyers and the Seller involved in a given Auction of the Object.
8.8. The right to file objections does not apply to any actions and decisions taken in respect of DIRECTLY FROM OWNER ads, and DIRECTLY FROM OWNER Auctions.
8.9. In addition to the objection referred to in clause 8.1 of the Terms and Conditions, the Client has the right to file a complaint to the Portal Administrator in the following cases:
8.9.1. the Client has reason to believe that the Portal Administrator acts in breach of the obligations arising from the legislation and such breach affects directly the rights of the complainant;
8.9.2. there are technology related problems with the use of the Portal and said problems affect the complainant;
8.9.3. the Portal Administrator has unreasonably limited the Client's rights or has otherwise acted unfairly towards the Client.
8.10. The Client can lodge a complaint in the section of the Portal “Lodging a complaint”, which can be found in the website menu in the bottom of the Portal page. The complaint shall set out the complainant’s name, e-mail address and the content of the complaint. To forward the complaint the complainant has to click the “Lodge the complaint” button. A lodged complaint is sent to both the Portal Administrator as well as the complainant. The Portal Administrator shall review the complaint within 3 (three) business days from its receipt, and shall thereafter notify the complainant of the results of the internal complaint review procedure. Due to extensive nature of a complaint the Portal Administrator may extend the deadline of responding to the complaint by 3 days.
- 9. Auxiliary Services of Portal
9.1. All users of the Portal, including persons who are not registered Clients, are offered free use of the Price Calculator.
9.2. Access to the Map App is only provided to registered Clients of the Portal, whereas the user of the packages of the Map App is a fee-charging service. The Portal Administrator will send an invoice for the Fee to the e-mail address provided by the Client upon registration. If the Client makes the payment via a bank link, they shall be sent an invoice automatically to the e-mail address stated in the registration account. Access to the services provided under the selected Map App package shall be generated for the Client at the moment when the Fee charged for the use of the Map App has been credited to the bank account of the Portal Administrator.
- 10. Limits of Liability of Portal Administrator and Auctioneer
10.1. The content, service or functionality provided through or in connection with the Portal is provided ‘as is’ and ‘as available’ without any explicit or implied warranties.
10.2. The Portal Administrator and/or the Auctioneer give no guarantees that the Portal, or any of the auxiliary functions (e.g. the Map App or the Price Calculator) will be compatible with your hardware or software, is accessible at any time, or a certain point of time, runs without interruptions, is secure and has no faults, satisfies your needs, or is protected against viruses, disruptions, hacking or other security attacks.
10.3. The Portal Administrator and/or the Auctioneer assume no liability for, inter alia without limitation:
10.3.1. interruption, suspension of the Portal or the service provided thereby, or their becoming otherwise unavailable;
10.3.2. disruption or cessation of data transfer;
10.3.3. program errors, viruses, Trojans, etc.;
10.3.4. deletion of, damages to, or failure to save any content or data;
10.3.5. disclosure, loss, or unauthorised use of log-in data (incl. passwords);
10.3.6. incompatibility of the technology used to access the Portal or the services provided thereby, for instance when certain properties, functionalities, parts or elements of a web page service are created for the use on a PC or a laptop computer, and are not functional on a mobile device or a tablet platform;
10.3.7. accuracy or relevance of the information provided in connection with the auxiliary services of the Portal (incl. any information in the Map App about ownership of immovables).
10.4. The Portal Administrator and/or the Auctioneer assume no liability towards third parties for any breach committed by a Client.
10.5. The Client shall compensate the Portal Administrator and their cooperation partners and subcontractors who are connected with the provision of the Portal services for any costs, damages, claims, liabilities and expenses (including legal fees), which stem directly or indirectly from any violation of the Terms and Conditions, or effective legislation, including any intellectual property rights, committed by the Client.
10.6. The Portal Administrator and/or the Auctioneer assume no liability for anything caused by circumstances beyond their reasonable control (‘Force Majeure’), including without limitation, natural disasters, storm, fire, earthquake, explosion, flood, war, revolt, insurrection, terrorism, crime, unemployment and strikes, lockout or any other industrial action, embargo, weather and climatic conditions, insolvency or failure of a third person, power failure, seizure, and acts or threatened acts of the Government or authorities.
10.7. The Portal Administrator and/or the Auctioneer assume no liability for the truthfulness or lawfulness of any information provided and bids made by Clients.
10.8. The Portal Administrator and/or the Auctioneer assume no liability for the quality and the quantity of Objects which are auctioned via the Portal based on DIRECTLY FROM OWNER Auctions and ads.
10.9. The Portal Administrator and/or Auctioneer assume no liability for any damages arising from the granting or rejecting an objection.
- 11. Validity and Termination of Terms and Conditions
11.1. The legal relationship created between the Portal Administrator and the Client who has accepted these Terms and Conditions, has been established for an indefinite term.
11.2. The Portal Administrator and the Client may effect standard termination of the contract created upon the agreement with the Terms and Conditions at any time, by serving the other party a respective notice. In such case the Portal Administrator shall delete the Client’s user account and the ads uploaded by the Client to the Portal.
11.3. The Portal Administrator has the right to terminate the contract created upon the agreement with the Terms and Conditions, and restrict the Client’s access at any time without prior notice in the cases set out in the Terms and Conditions.
- 12. Web Browser Cookies
12.1. To enter the Portal using the ID card, Smart-ID, Mobile-ID, or bank links it is necessary for the Client's web browser to accept cookies and that they are enabled.
12.2. By accepting the Terms and Conditions, the Client gives their consent for storing the cookies on their equipment. The Portal Administrator may use the cookies when providing Portal services to the Client, in order to provide the Client the best user experience. Cookies are small data files that the website stores on the hard drive of the Client's computer. Cookies help the Portal Administrator to understand which parts of the Website are the most popular, as they show which pages are accessed by visitors, and how much time visitors spend on these pages. By analysing these files, the Portal Administrator can respond to the Client's needs and offer the user experience tailored specifically for the Client. For instance, cookies can make sure that information that the Client is displayed during their next visit matches the preferences of the Client as a user.
12.3. Cookies can be either temporary or permanent. The Client can remove or block cookies at any time via the setting of their web browser. However, some cookies may be essential for the functioning of the Portal service. Therefore, the Client understand that if cookies are blocked or removed, some of the functionalities of the Portal might not be available. General information about cookies, including the difference between session cookies and persistent cookies is available at www.allaboutcookies.org.
12.4. In case of any questions about cookies, the Portal recommends to contact [info@metsaoksjon.ee and/or info@maaportaal.ee].
