METSAOKSJON.EE – AUCTION PORTAL TERMS
By registering as a user of the https://www.metsaoksjon.ee website, and/or by submitting information in respect of a sales offer, and/or by placing a bid, I confirm that I have read and consent to these auction portal terms (hereinafter Auction Portal Terms), and that I shall comply with the Auction Portal Terms.
1.1. Auctions Portal – the portal (https://www.metsaoksjon.ee), where Objects of Sale are sold in online auctions, and binding bids are made by Buyers, and where Clients can access auxiliary services provided by the Auctions Portal.
1.2. Auctions Portal Administrator – AllePal OÜ, registry code 12209337.
1.3. Auctioneer – An individual who has the right to add Objects of Sale to the Auctions Portal.
1.4. Auction – An online auction of an Object of Sale, in the course of which Buyers may make binding bids on the Object of Sale. An Auction may be one of the following:
1.4.1. Pending Auction – All Auctions are given the status of a Pending Auction for a minimum of 48 hours, during which period Buyers can examine the Object of Sale and the data and documentation thereof, but cannot place any bids;
1.4.2. Active Auction – All Auctions are given the status of an Active Auction for a minimum of 1 week, during which Buyers who are admitted to participate in the auction can place binding bids on the Object of Sale;
1.4.3. Completed Auction – All Auctions are given the status of a Completed Auction once the Auction has ended, considering the special aspects stemming from any extension thereof.
1.5. Object of Sale – object of sale sold by way of online auction via the Auctions Portal in the form of:
1.5.1. at least 100 (one hundred) cubic meters of felling rights to standing timber;
1.5.2. immovable property incorporating forest land;
1.5.3. at least 20 (twenty) cubic meters of felled timber.
1.6. Client – A legal entity or a natural person with active legal capacity of at least 18 years of age, registered as a user of the Auctions 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 their notice of desire to sell through an electronic channel or by e-mail.
1.7. 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.
1.8. Seller – A person registered as a Seller in the Auctions Portal.
1.9. Buyer – A person registered as a Buyer in the Auctions Portal.
1.10. Highest Bidder – The Buyer who has made the highest bid in an Active Auction. In case of equal bids, the Highest Bidder shall be the person whose bid was entered earlier.
1.11. Winner – The Highest Bidder, who has made the highest bid in an Active Auction, which is equal to or above the Reserve. The Winner can also be a person who has made 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.
1.11.1. If a Winner, being a legal entity, proves unable to purchase the Object of Sale (immovable property) for any reasons arising from 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.
1.12. Starting Price – The price at which the online auction starts, and at which the Seller is obliged to sell the Object of Sale, unless the Auction is organised with a Reserve.
1.13. Reserve – The lowest price at which the Seller is obliged to sell the Object of Sale. The Reserve is entered in euros, rounded to the nearest euro, with the amount concealed from Buyers. 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 of Sale. 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.
1.14. Price Increment – The increments in which Buyers may bid over the Starting Price. The Price Increment is established by the Auctioneer. The Price Increment is mandatory for Auctions of immovable property that incorporates felling rights to standing timber and forest land. The Price Increment may be 100, 200, 300, 400 or 500 euros.
1.15. Automated Bidding – The opportunity for a Buyer to enter the highest price for which they wish to purchase the Object of Sale. Automated Bidding in the Auctions Process is triggered, once any of the Buyers place a bid that is higher than the last bid made by a Buyer who has entered an 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. In case 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 precedence.
1.16. Purchase Price – The highest bid place in an Active Auction by the Winner.
1.17. Request to participate in an Auction – a statement of intention of a Buyer who wishes to participate in an Auction, along with the automated bid and the additional documents, that the Buyer submits to the Auctioneer electronically via the Auctions Portal. The Auctioneer may set limits on the time period for submitting requests to participate in an Auction. In such case, the time period for submitting requests to participate in the Auction shall be published in the Auction data. The Auctioneer may refuse to admit to the Auction any Buyers, who fail to submit their request to participate in an Auction in a timely manner and/or does not meet Special Terms and Conditions, or who have earlier committed any breach of the Auctions Portal Terms.
1.18. Special Terms and Conditions – The terms and conditions established by the Seller in respect of the sale and auctioning of the Object of Sale that Buyers undertake to comply with when placing their bids. If the Special Terms and Conditions are contrary to the Auction Rules or a part thereof, the Special Terms and Conditions shall prevail.
1.19. Automatically Extended Auction – All online auctions that take place in the Auctions Portal are automatically extended. The period of extension may be 2, 5, or 10 minutes. The duration of the extension shall be decided by the Auctioneer. This means that if a new bid is made in 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.
1.20. Participation Fee – The amount, set forth in the Special Terms and Conditions, that a Buyer wishing to bid in an Auction has to pay to the account indicated in the Special Terms and Conditions of the Object of Sale before placing any bids. Participation Fees are paid separately for each Object of Sale on which a Buyer wishes to bid. Participation Fees are not reimbursed or deducted from Purchase Prices. The Auctioneer has the right not to charge Buyers participating in an Auction a Participation Fee.
1.21. 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 of Sale before submitting their application to participate in an Auction. The amount of a Down Payment is up to 10% of the Starting Price of the Object of Sale. When transferring a Down Payment a Buyer shall clearly indicate in the payment order the details of the Object of Sale for which the Down Payment is being made. Down Payments are paid separately for each Object of Sale in whose Auctions a Buyer wishes to participate. The Down Payment paid by the Winner shall be included in 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 Auction. If the Winner fails to enter into a sales contract for the Object of Sale with the Seller within 1 (one) months, the Down Payment will not be reimbursed to the Winner.
1.22. Auction Fee – The fee paid by the Seller to the Auctioneer under the auction contract or the brokerage contract.
1.23. Bid falling short of the Starting Price – If an Auction ends without any bids being submitted, all Buyers registered as users of the Auctions Portal may submit their written bids, taking into consideration any specific features of the Object of Sale. A written bid shall be signed digitally and sent by e-mail to email@example.com at the latest on the day when the Auction of the Object of Sale 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 preference is given to the bid of the bidder whose bid has arrived first. After registration of the written bids received the Seller shall decides at the latest within 72 hours whether or not they accept the highest bid falling short of the Starting Bid.
1.24. Land Portal – a map application provided as an auxiliary service of the Auctions Portal that offers Clients a quick overview of any purchase and sales offers of standing timber, forest land and arable land (auction ads as well as sales ads published in real estate portals). The Land Portal also provides access to the e-Agent service, 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 Land Portal also provides a possibility of reviewing maps of forestry and agricultural businesses.
1.25. Price Calculator – an auxiliary service of the Auctions Portal allowing to calculate the minimum, average and maximum value of forest lands, logging, or felled timber. Users of the Price Calculator can provide the Auctions Portal their contact information in order to obtain a more detailed calculation of the price of the object.
2. Scope and Interpretation of Auctions Portal Terms
2.1. The Auctions Portal Terms apply to Clients of the Auctions Portal and the Auctioneer in all legal relations connected to Objects of Sale sold via the Auctions Portal, and auxiliary services of the Auctions Portal.
2.2. In addition to the Auctions Portal Terms, incl. the Auction Rules and the terms and conditions of the Object of Sale in question, relations between the Client and the Auctioneer are governed by the legal acts of the Republic of Estonia.
2.3. The headings of sections and individual clauses of the Auctions Portal Terms 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 Auctions Portal Terms 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. To participate in an Auction, Clients shall first register either as a Buyer and/or a Seller; the Seller shall enter into an Auction Contract with the Auctioneer; the Buyer shall submit a request to participate in the Auction, pay the Participation Fee, and the Down Payment, if the Auctioneer has established such requirement. In such case the obligation to pay a Participation Fee or a Down Payment shall be clearly set out in the Special Terms and Conditions and/or Auction details.
3.1.1. A Buyer who wishes to participate in an 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 Auction along with the automated bid. After the Auctioneer has received the request to participate in the 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.
3.2. Persons who have previously violated the Auctions Portal Terms, incl. the Auction Rules or who may be reasonably suspected of violating the Auctions Portal Terms shall not be registered as a Client of the Auctions Portal. The Auctions Portal Administrator is not obliged to justify their refusal to register any person as a Client.
3.3. Before an Object of Sale is placed up for the 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 of Sale, 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 Auction Fee, and the Auction Starting Fee, if the same has been established. The Authorisation Contract shall set out the actions to be taken for placing the Object of Sale up for Auction, as well as any additional terms and conditions.
3.4. If the Auctioneer has set payment of a Participation Fee and/or Down Payment as the 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 of Sale is entered for the Auction. 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.
3.4.1. If the Auctioneer allows payment of 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 Auction right away. If this occurs, 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.
3.5. The minimum period of the Auction Process for an Object of Sale, during which the status of the Auction is Pending Auction and Active Auction, is 9 days.
3.6. An Auction starts at the time and on the date stated in the notice of the Auction.
3.7. During an Auction for an Object of Sale, the Auctioneer may provide Buyers with information related to the Object of Sale, which is required for placing binding bids.
3.8. Bids for immovable property incorporating felling rights of standing timber and forestland 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.
3.9. Special provisions applicable to Auctions for sale of felled timber with obligation of delivery:
3.9.1. 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 in case a Buyer places a bid that is higher than the currently highest bid placed by that Buyer themselves.
3.10. An Auction shall end at the time and on the date indicated in the details of the Object of Sale, considering specific aspects stemming from extension thereof.
3.11. Following the completion of an Auction, the Seller and the Winner shall enter into a contract of sale of the Object of Sale within the period of time provided for by the Special Terms and Conditions of the Object of Sale.
3.12. Special provisions applicable to the sale of the Object of Sale at the Reserve:
3.12.1. If at the Auction no party makes a bid at the price equal or higher than the Reserve, then after the Auction ends, the amount of the Reserve shall be disclosed to the Highest Bidder, after which the Highest Bidder shall be offered to buy the Object of Sale 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 1.13 of the Auction Rules.
3.13. If no bids are received during the Auction for an Object of Sale, 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.
4. Rights and Obligations of Client
4.1. The Client shall:
4.1.1. 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;
4.1.2. immediately inform the Auctions Portal Administrator via e-mail of any details or circumstances that have changed in comparison to those submitted upon registration as a Client and/or in the performance of transactions related to Objects of Sale;
4.1.3. at the request of the Auctions Portal authorise the Auctions 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 Auctions Portal Administrator, when a digitally signed copy thereof has been delivered to the e-mail address stated by the Auctions Portal. The obligation set forth in this clause only applies to Clients being legal entities.
4.1.4. when submitting their notice of desire to sell, or registering as a Seller, authorise the administrator of the Auctions Portal to examine the full inventory data of the forest constituting the Object of Stale, entered into the state register for the accounting of forest resource.
4.2. The Client shall not:
4.2.1. use the Auctions Portal for any unlawful purposes;
4.2.2. solicit others to perform or participate in any unlawful acts;
4.2.3. violate any international or local rules and legislation;
4.2.4. 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;
4.2.5. submit false or misleading information;
4.2.6. 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 Auctions Portal;
4.2.7. use the Auctions Portal for any indecent or immoral purposes;
4.2.8. interfere with or ignore any safety elements of the Auctions Portal;
4.2.9. use the Auctions 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 Auctions Portal;
4.2.10. disclose their account or password to another party;
4.3. 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 Auctions Portal Administrator.
4.4. Sellers have the right to monitor the progress of Auctions of their Objects of Sale. While an Object of Sale 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.
4.5. The Seller shall:
4.5.1. submit true and legally valid information upon registration and entering into the Auction Contract, including truthful information concerning the Object of Sale;
4.5.2. ensure that details submitted in connection to use of the Auctions Portal:
184.108.40.206. are not false or misleading and/or inaccurate;
220.127.116.11. do not infringe any rights of third parties;
18.104.22.168. are not contrary to effective law and accepted customs;
4.5.3. not sell an Object of Sale or a part thereof that is to be sold via the Auctions Portal without an Auction;
4.5.4. not contact Buyers participating in the Auction with a view to transfer the Object of Sale without an Auction;
4.5.5. wherever possible, offer persons interested in an Object of Sale a possibility to inspect the Object of Sale at pre-arranged times during the period from addition of the Object of Sale to the Auctions Portal until the end of the Auction;
4.5.6. in case the bid is accepted, enter into a contract of sale of the Object of Sale with the Buyer, within the time frame specified in the Special Terms and Conditions, considering the reasonable time frame needed to prepare the sales transaction, but not later than within 1 month;
4.5.7. not encumber the Object of Sale or part thereof with third-party rights. If at the time when the same was entered into an Auction, the Object of Sale 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;
4.5.8. 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 of Sale 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;
4.5.9. within 24 hours after any Object of Sale owned by them is added to the Auctions Portal, examine the details of the Object of Sale 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;
4.5.10. having accepted a bid, not withdraw from the contract of sale of the Object of Sale without any good reason referred to in the Authorisation Contract.
4.6. In the event of any breach of the obligations provided in clause 4.5 of the Auctions Portal Terms, the Seller shall pay the Auctioneer a contractual penalty of 10% (ten percent) of the Starting Price of the Object of Sale and to compensate all expenses associated with the auctioning of the Object of Sale. Furthermore, in the event of any breach of the obligations set forth in clauses 4.5.3, 4.5.7 and 4.5.10 of the Auctions Portal Terms, the Seller shall pay the Winner a contractual penalty of 5 % (five percent) of the Starting Price of the Object of Sale.
4.7. The Buyer shall:
4.7.1. submit complete and true (legally valid) information when registering as users;
4.7.2. ensure that details submitted in connection to use of the Auctions Portal:
22.214.171.124. are not false, misleading and/or inaccurate;
126.96.36.199. do not infringe any rights of third parties;
188.8.131.52. are not contrary to effective law and accepted customs;
4.7.3. enter into a contract of sale of the Object of Sale with the Seller, within the time frame specified in the Special Terms and Conditions, considering the reasonable time frame needed to prepare the sales transaction, but not later than within 1 month;
4.7.4. not contact a Seller with the aim of acquiring the Object of Sale outside of the terms of the Auction;
4.8. In case of breach of the obligations set forth in clause 4.7 of the Auctions Portal Terms, the Buyer shall pay the Auctioneer a contractual penalty of 5 % (five percent) of the Starting Price of the Object of Sale and compensate for all expenses associated with arranging the sale of the Object of Sale. Furthermore, in the event of a breach of the obligations set out in clause 4.7.3 of the Auctions Portal Terms, the Buyer shall pay the Seller a contractual penalty of 5% (five percent) of the Starting Price of the Object of Sale.
4.9. By submitting the application for participation in the Auction, the Buyer warrants that they:
4.9.1. have examined the Object of Sale, the details thereof, the Special Terms and Provisions, and the documentation, and have not claims with regard to the Object of Sale;
4.9.2. 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 of Sale being sold via the Auctions 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;
4.9.3. 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;
4.9.4. 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;
4.9.5. meet the qualification requirements provided by the Auctioneer in the Special Terms and Conditions and/or data of the Auction.
5. Rights and Obligations of Auctioneer
5.1. 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 Auctions Portal Terms, employing any and all legal means to do so.
5.2. 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 in the event that the Buyer has breached or is breaching the Auctions Portal Terms and/or if the bids made by the Buyer are in contravention of the Auctions Portal Terms and/or the terms and conditions of the Object of Sale and/or effective law and/or accepted customs.
5.3. The Auctioneer has the right to terminate an Auction at any time if they have become aware of circumstances that could prevent the later transfer of an Object of Sale. The respective notice shall be sent to all Buyers who have been given permission to participate in the Auction via e-mail.
5.4. The Auctioneer has the right to refuse providing any expert opinions concerning the Object of Sale. The Auctioneer does not need to justify their decision.
5.5. 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 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 from the day when the Auctioneer became aware of the circumstances causing the failure to meet the qualification requirements.
5.6. 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.
6. Rights and Obligations of Auctions Portal Administrator
6.1. The Auctions Portal Administration, in cooperation with the Auctioneer, shall have the right to restrict or cancel the Client's right to use the Auctions Portal, if:
6.1.1. the Client fails to comply with the Auctions Portal Terms and/or the Special Terms and Conditions of the Object of Sale;
6.1.2. the Client's warranties are false or misleading and/or inaccurate;
6.1.3. upon registration as a user, or the use of the Auctions Portal, the Client has provided information, which is false, misleading and/or inaccurate.
6.2. The Auctions Portal Administrator has the right to unilaterally amend the Auctions Portal Terms at any time and make any changes in the interest of improved use of the Auctions Portal, and to relocate data vis-a-vis any bids made by Buyers, without however amending the content of the bids in doing so. Any amendment to the Auctions Portal Terms shall enter into effect upon its publication in the Auctions Portal.
6.3. Information (incl. personal data) obtained by the Auctions Portal Administrator from Clients and the Auctioneer through their use of the Auctions Portal, or which is otherwise gathered about Clients as a result of their use of the Auctions Portal, shall be used by the Auctions Portal Administrator solely for the running and development of the Auctions 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.
6.4. The Auctions Portal Administrator, in cooperation with the Auctioneer, may decline registration of a person as a Client. The Auctions Portal Administrator is not obliged to justify their decision to decline registration.
7. Protest Resolution Procedure
7.1. Buyers and the Seller may lodge protests with the Auctioneer regarding any action taken and decisions made in the course of an Auction. Protests shall be lodged with the Auctioneer within three (3) days of the end of an Auction of an Object of Sale. The data and/or the Special Terms and Conditions of an Auction may provide a different procedure for the resolution of protests lodged in respect of an Auction. In this case, the protest resolution procedure laid down in the Special Terms and Conditions and/or the data of the Auction shall apply.
7.2. The lodged protests shall be signed digitally, and contain the following information:
7.2.1. the name and address of the lodging party;
7.2.2. the substance of the protested action or decision, and an argument stating the reason why the party lodging the protest feels that their rights have been breached;
7.2.3. the clearly expressed request of the party lodging the protest.
7.3. The Auctioneer shall review the protest and decide on acceptance or rejection thereof within three (3) days of its receipt. When reviewing a protest, the Auctioneer shall be governed by the Auctions Portal Terms, the Special Terms and Conditions of the Object of Sale, the effective legislation and accepted customs, taking into account what has occurred in the course of the Auction.
7.4. The performance and conduct of any transactions provided in the Auctions Portal Terms in respect of the Object of Sale shall be suspended for the duration of reviewing the protest.
7.5. If a protest is granted, the Auctioneer has the right to declare the Auction unsuccessful and to arrange a new Auction for the Object of Sale.
7.6. If a protest is rejected, the result of the Auction shall stand.
7.7. Decisions taken by the Auctioneer are binding on all Buyers and the Seller involved in a given Auction.
8. Auxiliary Services of Auctions Portal
8.1. All users of the Auctions Portal, including persons who are not registered Clients, are offered free use of the Price Calculator.
8.2. Access to the Land Portal is only provided to registered Clients of the Auctions Portal, and it is a fee-charging service. A Client using the Land Portal can choose among options with different rates of fee. The Auctions Portal Administrator will send an invoice for the Fee to the e-mail address provided by the Client upon registration. Access to the Land Portal and the services provided therein shall be generated for the Client at the moment when the Fee charged for the use of the Land Portal has been credited to the bank account of the Auctions Portal Administrator.
9. Limits of Liability of the Auctions Portal Administrator and Auctioneer
9.1. The content, service or functionality provided through or in connection with the Auctions Portal is provided “as is” and “as available” without any explicit or implied warranties.
9.2. The Auctions Portal Administrator and/or the Auctioneer give no guarantees that the Auctions Portal, or any of the auxiliary functions (e.g. the Land Portal 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.
9.3. The Auctions Portal Administrator and/or the Auctioneer assume no liability for, inter alia without limitation:
9.3.1. interruption, suspension of the Auctions Portal or the service provided thereby, or their becoming otherwise unavailable;
9.3.2. disruption or cessation of data transfer;
9.3.3. program errors, viruses, Trojans, etc.;
9.3.4. deletion of, damages to, or failure to save any content or data;
9.3.5. disclosure, loss, or unauthorised use of log-in data (incl. passwords);
9.3.6. incompatibility of the technology used to access the Auctions 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;
9.3.7. accuracy or relevance of the information provided in connection with the auxiliary services of the Auctions Portal (incl. any information in the Land Portal vis-à-vis ownership of immovables).
9.4. The Auctions Portal Administrator and/or the Auctioneer assume no liability towards third parties for any breach committed by a Client.
9.5. The Client shall compensate the Auctions Portal Administrator and their cooperation partners and subcontractors who are connected with the provision of the Auctions Portal services for any costs, damages, claims, liabilities and expenses (including legal fees), which stem directly or indirectly from any violation of the Auctions Portal Terms, or effective legislation, including any intellectual property rights, committed by the Client.
9.6. The Auctions 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.
9.7. The Auctions Portal Administrator and/or the Auctioneer assume no liability for the truthfulness or lawfulness of any information provided and bids made by Clients.
9.8. The Auctions Portal Administrator and/or the Auctioneer assume no liability for the quality or quantity of Objects of Sale auctioned through the Auctions Portal.
9.9. The Auctions Portal Administrator and/or Auctioneer assume no liability for any damages arising from the granting or rejecting of a protest.
10. Web Browser Cookies
10.1. To enter the Auctions Portal using the ID card or bank links it is necessary for the Client's web browser to accept cookies and that they are enabled.
10.2. By accepting the Auctions Portal Terms, the Client gives their consent for storing the cookies on their equipment. The Auctions Portal Administrator may use the cookies when providing Auctions 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 Auctions 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 Auctions 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.
10.3. 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 Auctions Portal service. Therefore, the Client understand that if cookies are blocked or removed, some of the functionalities of the Auctions Portal might not be available. General information about cookies, including the difference between session cookies and persistent cookies is available at www.allaboutcookies.org.
10.4. In case of any questions about cookies, the Auctions Portal recommends to contact [firstname.lastname@example.org].