ATSUM.EU USER AGREEMENT

1. Scope and Interpretation of Terms of Use

• The terms of use apply to all legal relationships between customers and the owner of the website Atsum Invest OÜ that arise when using the service of the website.
  
  
• The contact details of Atsum Invest OÜ are as follows:
  • business register code: 16653431;
  • address: according to the Business Register data;
  • e-mail address: info(at)atsum.eu.
    
    
• The terms of use of the Atsum.eu website (hereinafter referred to as the “Terms of Use”) apply to Atsum Invest OÜ (hereinafter referred to as “Atsum” or “Seller”) registered users of the auction platform (hereinafter referred to as the “Website”) (“User”). Atsum is the owner and operator of the auction platform at www.atsum.eu and related websites. The auctioned objects are sold on behalf of the client (hereinafter referred to as the “Owner”).
  
  
• The Terms of Use apply to all Users for all services offered by Atsum.eu through the website (hereinafter referred to as “Services”). The user has the right to access the Services only after accepting the Terms of Use, i.e. after signing the user agreement. The user agreement is signed using the Dokobit signing system. It is possible to sign with an ID card. In countries where it is not possible to sign with an ID card, it can be done with a citizen’s passport issued by the respective country.
  
  
• After signing the terms of use agreement, the User or his representative agrees to the following: agrees to the Terms of Use and acts in accordance with them and agrees to the processing of his personal data in accordance with the Privacy Policy established by Atsum.eu, in which Atsum handles all your personal data in accordance with the General Regulation on the Protection of Personal Data (GDPR; EU 2016/679). The Terms of Use, the Privacy Policy and the information presented on the website constitute an agreement between the User and Atsum.eu.
  
  
• The User refrains from activities that have or may have a negative impact on the reliability of the website and/or cause direct property damage to other Users or Atsum. Such obligation includes, among others, the following:
  
  
  • making artificial offers for the purpose of benefiting the owner or colluding in another way for the purpose of distorting the object’s auction price;
    
    
  • Selling the Object without the right to sell the Object, transfer the Object or make any transactions with the Object.
    
    
• Atsum has the right to change and update the Privacy Policy, Terms of Use and price list at any time. When changing the price list, the changes are not taken into account for pending transactions. In the event that any Terms of Use, including the Privacy Policy, are significantly changed, Users will be notified of this via the website.
  
  
• The Atsum.eu website and the intellectual property rights of its entire content belong to Atsum Invest OÜ. By submitting works-items protected by copyright or other intellectual property rights to the website, the client grants Atsum a free simple license to exercise the property rights applicable to these works, including Atsum has the right to use the works submitted by the client in any way, to allow and prohibit their use on the website, to reproduce, distribute, translate, adapt, add works to collections or databases and communicate to the public. The customer undertakes to make sure and ensure that by using the website, the customer, Atsum and other users of the website do not violate the copyright or other intellectual property rights of third parties. Otherwise, the customer will compensate for the damage and other costs caused by it.
  
  
  

2. User registration

• Registration as a user of the website is free. In order to use Atsum Services on the Atsum.eu website, a person must register as a User, which is considered as requesting access to the website. A person/company who wants to sell their object through the Atsum.eu website does not need to register as a user.
  
  
• To register as a user, a person must be at least 18 years old. When requesting access to the website, the person must provide completely correct personal and contact information to Atsum when registering as a user and using the website, including registering under their correct and full name and using a valid e-mail address, as well as updating said data in accordance with clause 2.5 of the user agreement.
  
  
• In addition to the correct data provided, the user registrant must submit the following documents digitally or manually signed:
  
  
  • for companies:
    • proof of company registration, which is digitally signed by a person with the right to represent the company, or by hand signing a copy of the proof of company registration which is signed by hand, with today’s date and the company’s stamp on it;
      
      
    • a copy of the passport or ID card of a person with the right of representation of the company, which is digitally signed or by hand signing a copy of the passport or ID card of a person with the right of representation of the company, which is signed by hand, with today’s date on it;
      
      
  • for private person:
    • a copy of your passport or ID card which is digitally signed or by hand signing a copy of your passport or ID card with today’s date on it.
      
      
• After the user submits an application for website access, submits signed documents and accepts the Terms of Use, Atsum has the right to approve or reject the application. If the application is submitted, an account (“Account”) will be created for the User, which contains all the data concerning the User. If the data provided by the User and the signed documents are correct and reviewed by Atsum, the Account will be confirmed and then it will be possible to use Atsum’s Services. Atsum processes the personal data of all persons requesting access to the website and users of the service. For more information about the processing of personal data, see our Privacy Policy. If Atsum approves the request to register as a User, the instructions for activating the Account will be sent to the User’s e-mail address provided in the request.
  
  
• After reviewing the user’s application for website access and signing the Terms of Use agreement, Atsum has the right to approve or reject the application. If the application is approved, an account (“Account”) will be created for the User, which contains all the data concerning the User. Atsum processes the personal data of all persons requesting access to the website and users of the service. For more information about the processing of personal data, see our Privacy Policy. If Atsum approves the request to register as a User, the instructions for activating the Account will be sent to the User’s e-mail address provided in the request.
  
  
• Every person registering as a user is obliged to provide correct, sufficient and true personal data when requesting access to the website and to keep them up-to-date during the period of using the website. The User is responsible for the possible damage caused by the submission of incorrect, inaccurate and outdated personal data, including the publication of incorrect personal data.
  
  
• Each Account is personal and it is forbidden to share it with third parties. The user is obliged to protect the access data of the Account, in particular the username and password. The user can log in to the website only using his/her own and correct username and password. The password must be changed as soon as there is reason to suspect that the data has been disclosed to third parties, or it is known that unauthorized persons may misuse access. In these cases, the matter is reported to the police. Atsum is not responsible for damages resulting from the misuse of the User’s login data. Atsum has the right to require the User’s login data to be changed at any time based on security considerations.
  
  
• Atsum has the right to close a person’s user account on the website if the User has violated the clause stipulated in the Terms of Use. The user will be informed of the closure of the Account, and Atsum has the right to refuse to create a new account for the same person or related persons. Atsum reserves all rights in connection with the creation of a User account at the discretion of the board of Atsum Invest OÜ. On the Atsum Invest OÜ website, persons or companies related to Russia or Belarus cannot register as a User.
  
  
  

3. Submission of offers

• Bidding for objects put up for auction on the website (“Object”) can only be done by a registered User.
  
  
• Atsum can set a minimum purchase price (“Reserve Price”) for the Object in the auction. Bidding is free, but please note that bids are binding even if your bid does not reach the reserve price at the end of the auction. If the reservation price has not been reached and you were the highest bidder for the auctioned Property, your bid is binding two business days after the end of the auction. The User who made the highest bid at the auction undertakes to be available to Atsum employees by e-mail or telephone during this period. The User may submit an offer lower than the Reserve Price, but this does not oblige Atsum to sell the Object. Atsum has the right to re-sell the Object whose reserve price was not reached at the auction.
  
  
• The user who has submitted the best offer at the auction (hereinafter referred to as the “Buyer”) is obliged to purchase the Object at the auction if he is the best bidder at the end of the auction and the Reserve Price has been reached. In addition, the Buyer is obliged to pay the commission fees of Atsum.eu. In the event that the Reserve Price is not reached at the end of the auction, Atsum will negotiate between the User who made the highest bid and the Owner in order to reach a compromise in the selling price. If no compromise is reached, Atsum has the right to put the Object up for auction again, if the Owner has not made a statement about removing the Object from the auction.
  
  
• The buyer is normally contacted by e-mail or phone within 72 hours after the auction. Sending an advance invoice is also considered to be contact. An advance invoice is sent to the buyer, which states the price of the Object and the fees to be collected by Atsum. The buyer undertakes to confirm the receipt of the advance invoice immediately. In the event that Atsum fails to contact the Buyer within 3 working days after the end of the auction, i.e. the Buyer has not confirmed receipt of the advance payment invoice sent to him within 3 working days, Atsum considers the Buyer’s offer invalid and it is taken into account as a breach of obligations. In case of breach of obligations, Atsum has the right to demand a liquidated damages from the Buyer, the amount of which is up to 20% of the final price of the offer, with a minimum of 100 euros. After invalidating the Buyer’s bid, Atsum may offer the Object to other Users who participated in the auction in the order of their bid sizes, starting with the bidder whose bid turned out to be the second best bid compared to the Buyer’s bid.
  
  
• Atsum ensures that all bids are public, equally visible to everyone, and the User can monitor the bids made during the duration of the auction. The auction ends at the deadline specified in the Object view. If there is less than three minutes left until the end of the auction and a bid is made within that time, the auction deadline will be extended by three minutes. In addition to manual one-off offers, you can also make automatic offers. With Auto Bidding, you can set the maximum highest price you are willing to bid for an Item on auction. The automatic offer is not visible to others. If two Users make the same offer, the automatic offer made first is preferred. If this happens, it will be clearly visible in the bid history. Atsum is not responsible for non-registration of bids.
  
  
• All Objects on the Atsum.eu website are for sale in as-is condition. Atsum obliges the User to familiarize himself with the description of the Object, related pictures and in some cases also the video before submitting an offer.
  
  
  

4. Putting objects up for sale and description of the auction

• Atsum’s responsibilities include evaluating the Object and preparing a description of the Object (hereinafter “Description”). Atsum does not organize a thorough technical inspection of the Object, and the Description is based only on visual inspection and information received from the owner. Atsum is not responsible for defects in the Object. Atsum is not responsible for damages caused by inaccurate, faulty or incomplete information about the Object provided by the owner.
  
  
• Before submitting an offer, users have the right to familiarize themselves with the description of the object, related images and in some cases also the video. In exceptional cases, it is also possible to physically inspect the Object at the time and place specified in the Object description, if it is written in the Object description. If this is not stated in the Object’s description, it is not possible to physically inspect the Object before the end of the auction.
  
  
• The Buyer accepts minor errors and defects of the Object that are not stated in the Object description or that were not visible in the Object’s pictures or video. Such errors and defects may include, but are not limited to: missing repair or maintenance documents, missing tools, missing interior mats, missing spare wheel, minor dents or paint damage, etc. Such errors are not considered a breach of contract and are not used as a basis for requesting a price discount or canceling the sales contract.
  
  
• When creating the object’s reserve price, the estimated market value of a similar object sold in a different way than through an auction has been taken into account. The reserve price is determined by the Object Owner. The expected Reserve Price, which is presented to the Owner after the pre-auction review of the Object, is based on the subjective assessment of Atsum’s specialists, which may differ significantly from the market value.
  
  
  

5. Inspection of objects and obligation to investigate

• Before submitting a bid, the User must personally implement all reasonable and possible measures to check and examine the Object to be auctioned. The user has the obligation to check whether the object corresponds to what can be expected from the description.
  
  
• During the takeover of the Object, the Buyer is obliged to inspect the Object again and make sure that it corresponds to the description given in the handover-acceptance deed. Claims that the User did not submit when inspecting the Object will not be taken into account later.
  
  
• If the Object is sold at auction as used, the buyer has no right to expect improvements or repairs to it after the auction.
  
  
  

6. Liability for latent defects of the object

• Atsum is not responsible for hidden errors or defects in the Object. Atsum acts only as an intermediary who represents the owner of the Object at the auction, therefore all claims regarding defects in the Object must be submitted directly to the owner.
  
  
• Atsum has an obligation to advise Users of errors of which Atsum was aware. Atsum is not responsible for any defects that appear after the Buyer has taken possession of the Object, of which Atsum was not aware and should not have been aware.
  
  
• Atsum and the Owner are not responsible for, but not limited to, the following hidden errors:
  
  
• errors resulting from normal and intended use of the Object;
  
  
• errors or defects, which are indicated in the description of the Object;
  
  
• errors that the Buyer can expect in relation to the price and age of the Object;
  
  
• defects of which the Buyer is or should have been aware, e.g. defects that the Buyer should have noticed upon careful examination of the Object and description.
  
  
• If the Object is sold as an Object in need of repair, Atsum or the Owner will not be held responsible for any errors, even if the Object has other errors in addition to those described in the description.
  
  
  

7. Validity of the terms of use and termination of use of the website

• The Terms of Use will apply to the User immediately after confirming access to the website and creating an Account on the auction platform www.atsum.eu.
  
  
• A user whose access to the website is prohibited due to a violation of the Terms of Use does not have the right to access the website again or use Atsum’s services without Atsum’s prior express permission.
  
  
• Atsum has the right at its own discretion, but primarily if the User has violated the Terms of Use of the website or has committed some other illegal act that gives grounds to doubt the User’s reliability, to deny the User access to the website, to suspend auctions and to partially or completely terminate the provision of other services.
  
  
• The user has the right to terminate his membership at any time (close the Account). To close the account, a written request must be sent to Atsum. In this case, the User’s activities related to the website are considered terminated, and the history of offers made by the User is deleted. It is not possible to close the account immediately if the User has active bids for the Objects on auction.
  
  
  

8. Misuse of the website

• If Atsum has reason to suspect that the User does not use his Account in accordance with the Terms of Use or the login data or otherwise violates the Terms of Use, Atsum may, at its discretion and without notice, take the following actions: close the User’s Account, restrict the User’s right to use the website by preventing him from logging in, and/ or block access to the website.
  
  
• Atsum has the right to restrict or prohibit access to or use of the services, suspend bids, postpone the publication of content on the website or remove content, and implement technical and legal measures to prevent the User/Users from using the services, if Atsum has reason to suspect that the User/Users are manipulating auctions , making offers for the Objects with the aim of artificially increasing the price of the Objects, or using other unfair trading techniques.
  
  
  

9. Inaccuracies and technical problems of the website

• Atsum is not responsible for damages resulting from minor typographical errors on the Website or in situations where the Object’s description, images or video do not provide a comprehensive overview of the Object’s condition or errors.
  
  
• Atsum has the right not to sell the Object, to ignore users’ bids, to stop auctions and to re-auction the Object if there are technical errors or disturbances in the submission of bids. In the latter case, all users who have submitted a bid in the relevant auction will be notified immediately. Atsum is not responsible for damages or costs resulting from technical errors, communication problems or other similar circumstances that prevent the User from submitting an offer or participating in the auction.
  
  
• Atsum is not responsible for direct or indirect damages caused by other users. This limitation does not apply if the damage is caused by Atsum’s gross negligence or intent. In any case, Atsum’s liability is limited to the amount corresponding to the amounts paid for Atsum’s services.
  
  
• Atsum is not responsible, among others, but not exclusively, for the following circumstances:
  • Any interruption, stoppage, suspension or other unavailability of the Website or Service;
  • Bugs, viruses, Trojan horses, etc., which are spread or transmitted by anyone to the website or through this service;
  • Deletion of any content or data or inability to store any content or data.
    
    
• Atsum is not responsible for any violations committed by the Owner or User against third parties.
  
  
• Atsum’s main means of communicating with users are the e-mail address and phone number specified by the user when registering or updating personal information. Notifications sent by e-mail are considered received and confirmed by the User the day after they are sent. Notifications sent by regular mail are deemed to have been received and confirmed by the recipient three (3) calendar days after posting.
  
  
  

10. Auction Fees and Billing

• Fees
  • The buyer pays Atsum’s auction fee (hereinafter the “fee”) based on the conditions specified in the description. The fee covers the costs incurred by Atsum in connection with the Object, the website, marketing, administration and the like.
  • If the Buyer does not purchase the object for any reason, Atsum has the right to demand a liquidated damages from the Buyer, the amount of which is up to 20% of the final price of the offer, with a minimum of 100 euros.
  • Fees for other services used by the Buyer must be paid in advance.
    
    
• Payment
  • The purchase price of the Object and all fees are settled on the basis of the invoice provided by Atsum and paid by bank transfer before taking over the Object and no later than three (3) calendar days after the auction. Other possible payment methods are listed on the website.
    
    
• Failure to pay
  • In the event that the Buyer did not start paying for the Object on time, Atsum cancels the Buyer’s right to purchase the Object and may re-auction the Object on the website or offer the Object for sale to another bidder. In this case, the best bidder is still obliged to pay Atsum a liquidated damages due to breach of obligations, the amount of which is up to 20% of the final price of the bid, with a minimum of 100 euros. Atsum has the right to submit a claim to the User for all costs resulting from non-fulfillment of the contract and violation of the Terms of Use.
    
    
• Value added tax
  • The VAT conditions applicable to the object put up for auction are given in the description of the object. VAT is included in the final auction price of the Object put up for sale at auction on behalf of the person subject to VAT. The final auction price of the Object auctioned on behalf of a non-VAT person does not include VAT. As a rule, VAT is added to the auction fee collected by Atsum and the price of the services provided.
    
    
    

11. Object reception and transport

• The Buyer shall accept the Object within seven (7) calendar days after payment for the Object, unless Atsum and the Buyer specifically agree otherwise. The Buyer does not have the right to accept the Object or submit any other claims related to the transfer of the Object until the payment for the Object has been received in full by Atsum.
  
  
• If the Buyer does not accept the Object within seven (7) calendar days after payment for the Object, the Object will be deposited in the Owner’s possession. In this case, Atsum has the right to demand a storage fee for the Object in the amount of 50 euros/day.
  
  
• Exported vehicles with an Estonian registration plate are handed over to the Buyer without registration plates, and such vehicles must be transported from the location of the Object to another place using another vehicle or using temporary registration plates. If the Buyer uses a transport company to transport the Object, upon taking over the Object, the transport company must present the Object handover-acceptance certificate, which Atsum sends to the Buyer after paying for the Object. The buyer must provide information about the number plate of the transport company’s vehicle to Atsum. In addition, the transport company must have a consignment note (CMR) with it, which is filled out on site when taking over the Object. The vehicle’s registration documents and registration certificate will be sent to the Buyer by express mail to the Buyer’s address, if the Buyer sends a copy of the packing list (CMR) completed by the Buyer, which was prepared when taking over the Object.
  
  
• In order to prove their right to act, representatives of legal entities must submit to Atsum a true and up-to-date (the request can be made no more than 10 days before accepting the Object) printout of the company register, where the Users representing the legal entity are clearly indicated.
  
  
  

12. Re-registration and Insurance

• The Buyer implements all possible measures, including bearing all necessary costs, in advance for the transfer of possession from the Owner and registers the transfer in the relevant register (e.g. Estonian Transport Agency) as soon as possible, no later than within 14 calendar days after the transfer of possession of the Object. The Object is sold without insurance coverage, unless otherwise specified in the Object description or the handover-acceptance deed.
  
  
  

13. Complaints and right of withdrawal

• Atsum acts only as an intermediary between the Buyer and the owner of the Object, therefore all complaints about errors and defects must be submitted to the owner of the Object. To obtain the owner’s contact information, the Buyer sends a written application to Atsum’s e-mail address info(at)atsum.eu, stating the reason for needing the owner’s contact information. Atsum will process the application within three (3) working days and, if it finds the application justified, will send the necessary contact information to the Buyer. The Buyer has the right to request the contact details of the owner only if the possession of the Object has been transferred to the Buyer.
  
  
• Pursuant to Section 53(4)(8) of the Estonian Law of Obligations Act, the consumer does not have the right to withdraw from a contract concluded by means of a communication tool within 14 days, provided for in Section 56(1) of the Act, if the contract was concluded with the consumer at an auction.
  
  
• In the event that the description of the Object is deeply misleading, the Buyer may withdraw the submitted offer after taking over the Object and cancel the purchase by making a corresponding application to Atsum.
  
  
  

14. Export of objects and VAT conditions

• In the event that the Object is put up for auction and sold in the name of a person subject to VAT, and the Object is transported from the country of origin or from the country where the Object is registered with the relevant state agency (e.g. Estonian Transport Agency), additional VAT conditions may apply in addition to the above conditions. The specific VAT conditions applicable to the object put up for auction are given in the description of the object.
  
  
• The following VAT conditions are considered as an exception in the case of a legal entity registered outside the country of origin subject to VAT, if the Object is sold and auctioned in the name of the person subject to VAT:
  
  
  • A VAT registered in the European Union or the European Economic Area provides a valid VAT number, which must be verifiable from a reliable source;
    
    • if it is an intra-Community turnover and 0% turnover applies to the sale, the purchase price of the Object (see sales contract) is found using the formula “auction price” minus the standard VAT at the rate of 22%;
      
      
    • however, the buyer must pay the said 22% amount as a deposit to Atsum until the buyer proves that the object has been taken out of the country of origin and reached the country of destination – in other words, the conditions of intra-Community sales have been met and 0% VAT can be applied to the transaction;
      
      
    • the deposit will be returned to the buyer by bank transfer if the buyer submits a certificate of the export of the object and its arrival in the destination country within 14 calendar days after taking over the object.
      
      
    • the buyer provides Atsum with the corresponding bank account number in IBAN format, the SWIFT code of the account owner’s bank, the address and the full name of the account owner.
      
      
      
  • In the case of a Buyer registered outside the European Union, 0% VAT applies, then the purchase price of the Object (see the sales contract) is found using the formula “auction price” minus the usual VAT at the rate of 22%;
    • however, the Buyer must pay the said 22% amount as a deposit to Atsum, until the buyer proves that the object has been taken out of the country of origin and reached the country of destination – in other words, the conditions of intra-Community sales have been met and 0% VAT can be applied to the transaction;
      
      
    • The deposit will be returned to the buyer by bank transfer if the buyer submits a certificate of the export of the object and its arrival in the destination country within 14 calendar days after taking over the object;
      
      
    • The buyer provides Atsum with the corresponding bank account number in IBAN format, the SWIFT code of the account owner’s bank, the address and the full name of the account owner.
      
      
      

15. Final Provisions

• Legal acts in the Republic of Estonia apply to the legal relations between the User and Atsum arising from the User Agreement.
  
  
• Disputes arising from the use of the website will be resolved by the User and Atsum through negotiations. If no agreement is reached, the customer may apply to the Consumer Disputes Commission, the ODR environment or the Tartu County Court under the conditions and procedure stipulated in the current legislation (except if the consumer has the right to apply to the court of his place of residence).
  
  
  

The user agreement is valid from 10.03.2023

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References

https://www.riigiteataja.ee/en/eli/507112023002/consolide
https://www.transpordiamet.ee/en
https://www.riigiteataja.ee/en/eli/527122023005/consolide
https://ec.europa.eu/taxation_customs/vies/#/vat-validation
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage