Terms and conditions

Terms and conditions

Terms and conditions of the user agreement for the website eestikunstioksjonid.ee

On the eestikunstioksjonid.ee website, only registered users can bid. By registering as a user of the website eestikunstioksjonid.ee, you confirm that you have read and understood the terms and conditions of this User Agreement (hereinafter the Terms and Conditions), agree to the Terms and Conditions and undertake to comply with the Terms and Conditions below:

Scope and interpretation of the Terms

1.1. The Terms and Conditions apply to all persons (hereinafter referred to as the Client) who have registered as a user of the website eestikunstioksjonid.ee (hereinafter referred to as the Site) and the owner of the Site, OÜ Eesti Kunstioksjonid (hereinafter referred to as EKO), in respect of the legal relationships arising from the use of the services on the Site.

1.2. The EKO’s contact details are:

1.2.1. registered in the commercial register under registration number 16552569;

1.2.2. address Vilmsi 41, Tallinn;

1.2.3. Tel + 372 509 0348

1.2.4. e-mail address: info@eestikunstioksjonid.ee

1.3. In point 1.1 of the Terms. the aforementioned services (the “Services”) are understood to mean providing the Customer with the opportunity to participate in the auction of items, including bidding for the purchase of items, as well as other services offered on the Site.

1.4. In addition to the Terms, the relationship between the Customer and EKO shall be governed by the laws, regulations and administrative provisions in force in the Republic of Estonia, the more specific terms and conditions of the Service on the Site and established good practice.

1.5. If any provision of the Terms and Conditions is found to be invalid due to conflict of law, the validity of the other provisions shall not be affected.

  1. General terms of service

2.1. EKO offers to the Customers a virtual place, i.e. a Site, where the Customers can make offers for the purchase of works of art (objects).

2.2. All communications and information exchanged between the Customer and the EKO shall be in electronic form using the contact details set out in the Terms or on the Site, unless otherwise provided in the Terms.

2.3. The site and all of its contents are copyrighted by Eesti Kunstioksjonid OÜ.

  1. Client rights and obligations

3.1. The Client has the right to inspect the works to be auctioned in advance and to examine their condition at the EKO Gallery, Vilmsi 41, Tallinn or at the auction venue notified by the EKO.

3.2. By placing a bid, the Client confirms that he/she has familiarised himself/herself with the item and is aware of the condition of the item to be purchased; after the auction, the Client has no right to make any claims against the EKO regarding the condition of the item. The client undertakes to:

3.2.1. provide fully accurate personal information when registering as a user of the Site, including registering under your true and full name and using a valid email address and telephone number;

3.2.2. not to use the Site for illegal transaction(s) and/or fraudulent transaction(s);

3.2.3. in the case of an auction, to buy the item if the price he offered was the highest,

3.2.4. not to create databases/lists of users of the Site for any purpose;

3.2.5. not to bring any claims against the ERO, except claims directly arising from the Terms;

3.2.6. keep the password and user ID fixed for the use of the Site in such a way that it does not fall into the possession of third parties, unless the Customer has authorised such third parties to represent it in the use of the Services and has sent a notice to the EKO to this effect.;

3.2.7. immediately inform the ERO by e-mail of any information and circumstances that have changed from those provided when you registered as a user of the Site;

3.2.8. immediately inform EKO by e-mail of the loss of the password and/or user ID fixed for the use of the EKO Site or of its unauthorised disclosure to third parties.

3.3. By completing any action on the Site, the Client confirms that he/she:

3.3.1. is a person who has the legal capacity to enter into the transactions permitted on the Site;

3.3.2. duly performs all the obligations set out in clauses 3.1.3 to 3.9 of the Terms and Conditions. obligations set out in;

3.3.3. is aware that making a purchase offer entails a binding purchase obligation/contract and that in the event of failure to comply with such obligation, the Customer shall be fully liable for any damages caused by the breach of such obligation;

3.3.4. By accepting the Terms, the Customer and the EKO do not intend to create legal relations other than those expressly set out in the Terms;

3.3.5. is aware of the fact that in the event that the password and user ID fixed for the use of the Site fall into the possession of third parties, such third parties may enter into binding obligations for the Client, the fulfilment of which is the responsibility of the Client, and that EKO has no obligation to verify the identity of the user of the Site in addition to the user name and password.

3.3.6. is aware and agrees that EKO has the right to process the Client’s personal data in accordance with the legislation in force in Estonia and clause 5 of the Terms.

3.4. In addition

Clauses 3.3.1. – 3.3.6. as set out below, the Customer aged 7 to 18 confirms by each transaction on the Site that:

3.4.1. makes purchase offers on the Site with funds made available to him/her for this purpose or for free use by a legal representative (e.g. a parent) or, with the consent of the parent, by a third party;

3.4.2. in order to make an offer to purchase, he or she has the consent of a legal representative to enter into the transaction(s) and assume the obligations associated with such offer;

3.4.3. fully and without difficulty understands all of the provisions contained in the Terms and fully understands that use of the Site may create legally binding obligations for him or her to purchase items offered on the Site.

3.5. The customer undertakes to pay for the items purchased in the case of winning bids either immediately on the spot or within 5 days on the basis of an invoice issued by the EKO.

3.5.1. * The client is aware that when buying a work from the EKO auctions, 10% of the auctioneer’s commission is added to the highest bid.

3.6. For invoices not paid on time, the EKO has the right to charge interest on late payment of 0.1% of the overdue amount per day. Outstanding invoices shall be forwarded to a debt collection agency (debt collection) within 1 month of the date of issue of the invoice, and the Customer undertakes to bear all costs related to the collection of the overdue payments.

3.7. The Client undertakes to arrange the removal of the purchased item from the EKO Gallery (Vilmsi 41, Tallinn) within 7 working days after payment of the purchase price, unless otherwise agreed.

3.8. in the event that the purchased item is not removed within the stipulated period, a storage contract shall be deemed to have been entered into between the Client and the EKO and the Client undertakes to pay the Auction Organiser a storage fee of EUR 20 (twenty) per day, unless otherwise agreed.

3.9. The Customer is responsible for all actions related to the removal of the purchased items (including transport, insurance) unless otherwise agreed between the Customer and the EKO.

  1. The rights and obligations of the EEIG

4.1. The EKO issues an invoice for each item sold and, if the customer wishes, a certificate.

4.2. The ERO will ensure that it uses the best authorised experts to carry out the expertise on the works, but will not be responsible for the content of the expert reports signed by them.

4.3. if circumstances arise which may prevent the sale of items at auction, the EKO may remove any item from the auction.

4.4. EKO may, at its sole discretion, restrict or revoke the Customer’s right to use the Site, including by closing the Customer’s User Account and not allowing the Customer to re-register as a Customer, if the Customer:

4.4.1. breaches the Terms or the Customer’s obligations under the Terms;

4.4.2. has provided information that is false, misleading and/or inaccurate when registering as a user of the Site or using the Site;

4.5. The ERO is entitled to monitor the activities on the Site at any time, including any offers to purchase made by users of the Site. The EEOC may investigate any alleged breach of the Terms using any lawful means.

4.6. EKO shall be entitled at any time to remove from the Site any purchase offers made by the Customer in the event that such offers are contrary to the Terms, good morals or applicable law.

4.7. The EKO has the right to send the Customer personalised commercial communications and other offers. The Customer has the right to refuse such notifications by notifying the EKO.

4.8. The EKO does not disclose the name of the seller of the item to the buyer and vice versa.

  1. Processing of personal data

5.1. The data that the EKO has obtained from the individual Customer when registering as a user of the Site, and requested in the course of using the Site, or otherwise collected about the individual Customer through the use of the Site (hereinafter Personal Data), the EKO is entitled to process for the purposes and to the extent set out in the Terms.

5.2. The Client consents to the processing of the Client’s Personal Data by the EKO for the purposes and to the extent set out in the Terms. The Customer has the right to withdraw consent at any time, to request the cessation of the processing of the Personal Data and the deletion or blocking of the collected Personal Data, as well as the closure of the user account. Withdrawal of consent does not have retroactive effect.

5.3. The ERO collects and stores Personal Data in electronic form, and extracts it in other forms where necessary.

5.4. The ERO uses Personal Data to provide, develop and personalise the Services.

5.5. The ERO will not transfer Personal Data to third parties or disclose it, except in the cases provided in the Terms.

5.6. The ERO has the right to transfer the Personal Data to a debt recovery service (debt collection, etc.) in the circumstances set out in clause 3.6 of the Terms.

5.7. In the cases set out in clause 3.6 of the Terms, the EAA and the person referred to in the previous clause of the Terms are also entitled to transfer Personal Data to payment default reporting companies, such as Krediidiinfo, etc., which may process the Personal Data for the purpose of making credit decisions in the payment default register maintained by the relevant person.

  1. Modification of terms and conditions

6.1. EKO is entitled to unilaterally modify and amend the Terms at any time in the light of the evolution of the Site and the Services and in the interest of their better and safer use.

6.2. The EKO undertakes to inform the Customer of any changes and amendments to the Terms by means of notices published on the Site.

6.3. Amendments and supplements to the Terms will enter into force from the date of publication of the amendment or supplement on the Site.

6.4. The Customer confirms its acceptance of the changes and amendments to the Terms by using the Service after the respective changes/amendments enter into force.

  1. Final provisions

7.1. The legal relations between the Customer and EKO arising from the use of the Site shall be governed by the laws of the Republic of Estonia.

7.2. Any disputes arising out of the use of the Site shall be resolved by negotiation between the Customer and the EKO. If no agreement is reached, the dispute will be settled by the Harju County Court.

* Last modified 24.07.2023