Geedie

Условия использования

TERMS OF USE OF THE PORTAL GEEDIE.COM (hereinafter - TERMS OF USE):

  1. INTRODUCTION:

    1. www.geedie.com is a virtual purchase and sales transaction portal of the categories of goods stipulated in these Terms of Use (hereinafter referred to as - the PORTAL), governed and owned by the company Geedie OÜ, registration number in the Register of Enterprises 16817890, address Harju maakond, Tallinn, Kesklinna linnaosa, Narva mnt 5, 10117.
    2. The PORTAL enables the registered users to purchase and sell goods through the PORTAL.
    3. The Terms of Use constitute the agreement between the registered user and the PORTAL and determine the conditions for use of the services of the PORTAL as well as rights and obligations of the parties.
    4. A user of the PORTAL, who is a natural person, is subject to all clauses of the TERMS OF USE that, in accordance with applicable legislation and generally accepted practice, apply or may apply to a natural person, while a user of the PORTAL, who is a legal person, is subject to all clauses of the TERMS OF USE that, in accordance with applicable legislation and generally accepted practice, apply or may apply to a legal person.
    5. When registering as a user of the PORTAL (hereinafter referred to as - the USER), the USER confirms that he/she has become acquainted with the TERMS OF USE specified below and agree with them and undertake to comply with them.

  2. ACCOUNT:

    1. In order to start using the services provided by the PORTAL, the USER shall register via the PORTAL, Facebook or Google. After completion of registration a personal account of the USER shall be created for the USER (hereinafter referred to as - the ACCOUNT).
    2. In order to create the ACCOUNT, the USER should have attained the age of at least 14 years. For persons, who have not attained the relevant age, the ACCOUNT may be created by a parent or legal guardian. The parent or legal guardian, who creates the ACCOUNT for the person, who has not attained the age referred to in this Clause, shall become acquainted with the relevant TERMS OF USE together with the person, in favour of whom the ACCOUNT is created, and shall make sure that both of t hem understand these TERMS OF USE and accept them.
    3. The PORTAL shall comply with the personal data confidentiality in accordance with the procedure provided for in the TERMS OF USE and law, including, but not limited, the PORTAL shall undertake not to distribute the personal data of the USER to third parties, except third parties separately stipulated in the TERMS OF USE, as well as state and/or municipal instances, in case if such a duty is imposed on the PORTAL by law.
    4. The USER may delete his/her ACCOUNT individually by using the ACCOUNT or submitting a written request electronically to [email protected].
    5. The ACCOUNT may be deleted only provided that the USER does not have any non-approved orders and the balance of the ACCOUNT is 00.00 €, otherwise the ACCOUNT may be deleted only after complete fulfilment of all obligations assumed under this Agreement.

  3. SERVICES PROVIDED BY THE PORTAL:

    1. The PORTAL shall provide the following services to the USER:
      1. Register personal ACCOUNT.
      2. Perform purchase and sale of goods by using t he ACCOUNT.
      3. Follow up the assortment of goods sold by other USERS and create the wish list of goods.
      4. Contact with other USER OF THE PORTAL by using his/her ACCOUNT.
      5. Create personal collection that becomes visible to other USERS.
      6. Safely perform purchase-sale transactions.
    2. In transactions between USERS, the PORTAL shall operate only as the payment intermediary, namely, the PORTAL shall ensure cash flow within the framework of each separate transaction through the bank account of the PORTAL, accepting monetary funds from the USER, who buys (hereinafter referred to as - the BUYER), and settling accounts with the USER to sells (hereinafter referred to as - the SELLER), after successful delivery of goods to the BUYER.
    3. It is possible to make purchase and sale transactions on the PORTAL only in the euro currency.

  4. TRANSACTION PROCEDURE:

    1. The BUYER selects the good and makes payment through the online bank, via bank card or by using ApplePay.
    2. After making the payment referred to in Clause 4.1 the monetary funds shall be transferred to the bank account of the PORTAL and appears in the ACCOUNT OF THE SELLER, when making of the payment is approved. The BUYER receives an electronic notification about successfully processed payment.
    3. Monetary funds available in the ACCOUNT of the SELLER shall remain blocked, namely, the SELLER may not operate with this amount at his/her discretion, including to use the monetary funds for purchases on the PORTAL or make a transfer of monetary funds to his/her private bank account until the end of the transaction.
    4. After payment for the good the SELLER shall send the good to the BUYER not later than within 5 working days by using any parcel machine service provider from the range of service providers offered on the PORTAL. After dispatch of the goods, the approval of sending of goods shall take place automatically.
    5. After taking of the goods from the parcel machine, the approval of receipt of goods shall take place automatically.
    6. The BUYER may make any kind of objections and/or complaints on non-conformity of the good with the status/quality/quantity etc. specified in the announcement within 48 hours from the moment of receipt of the goods. The relevant objection shall be sent to both, the PORTAL as well as the SELLER.
    7. After expiry of 48 hours, if the PORTAL has not received any objections and/or complaints about non-conformity of the goods, in accordance with Clause 4.6 of the TERMS OF USE, the PORTAL shall deem that the goods are accepted without objections and shall automatically unblock the payment amount in the ACCOUNT of the SELLER.
    8. As of the moment, when the PORTAL unblocked the monetary funds in the SELLER’S ACCOUNT, the sales transaction shall be deemed as completed.
    9. In order to receive monetary funds from the SELLER’S ACCOUNT to the bank account, the SELLER shall specify his/her bank account in the section “Seller’s account” and shall send a request on transfer of monetary funds from the ACCOUNT to the bank account through the section “Pay-out to bank account”. The PORTAL shall transfer money to the bank account on the basis of the request on money transfer within two working days at the latest.

  5. PAYMENTS:

    1. Each transaction shall be subject to the commission fee of the PORTAL in the amount of 7.5% from the transaction amount, which shall be automatically calculated and collected from the SELLER at the time of unblocking of money referred to in Clause 4.7 of the Terms of Use. The commission fee shall include also the value added tax paid by the PORTAL.
    2. At the selection of the delivery service provider, the special prices of agreements mutually concluded between the PORTAL and logistics partners shall be offered to the SELLER, which may differ from those presented on websites of delivery service providers.
    3. If the SELLER has failed to send the goods within the time period specified in the TERMS OF USE or separate agreement between the Parties and the transaction is cancelled, all amount paid shall be returned to the BUYER in full amount, including delivery costs.
    4. If the transaction is cancelled in accordance with Clause 9.1, the balance of the paid amount shall be returned to the BUYER, from which delivery costs spent in order to deliver the parcel from the SELLER to the BUYER shall be withheld. Also the price for delivery of goods from the BUYER back to the SELLER shall be withheld from this amount, if the BUYER would not have been independently and separately made this payment.
    5. If the BUYER fails to take the good/-s from the parcel machine within the time period determined by the delivery service provider, the goods shall be returned to the SELLER and the order shall be automatically cancelled. In such a case the balance of the paid amount less delivery costs spent for delivery of the parcel from the SELLER to the BUYER and from the BUYER back to the SELLER shall be returned to the BUYER.

  6. SAFETY OF TRANSACTIONS:

    1. In order to protect the interests of the USERS OF THE PORTAL, all transaction process shall take place in the PORTAL environment, including, the Parties shall use the payment types specified in the TERMS OF USE and the delivery service providers offered by the PORTAL only. Otherwise, the PORTAL shall not consider the necessity to get involved in the settlement of issues about any kind of possible fraudulent and/or other types of activities from any Part of the transaction.

  7. RIGHTS AND DUTIES OF THE USER:

    1. The USER shall be responsible for all activities taking place from the registered and connected ACCOUNT. In case if the USER has doubts about misuse of his/her ACCOUNT, the USER shall be obliged to immediately send the relevant information to [email protected].
    2. When registering on the PORTAL, the USER confirms that he/she has the right to make transactions on the PORTAL.
    3. When using the PORTAL, the USER shall undertake to provide only true information, including, but not limited to:
      • his/her true personal data;
      • true data about the quality and status of goods to be sold, as well as any other details that may affect the decision of the BUYER about purchase of goods;
      and confirms that he/she is aware and accepts all possible consequences that may be caused by provision of false information.
    4. In order to use the PORTAL, including enter into the sales transactions, the USER shall enter in the PORTAL his/her valid e-mail address and shall be reachable through the specified e-mail address.
    5. When registering on the PORTAL, the USER shall undertake to use the PORTAL only for lawful transactions.
    6. The USER shall be responsible in order his/her activities do not infringe the property or intangible (including intellectual property) rights of third parties.
    7. The USER shall assume full responsibility for all his/her activities when using the PORTAL, including ensure that his/her activities do not violate and are in compliance with the legislation and other legal acts being in force, including legal acts governing consumer protection, competition and export/import of goods.
    8. It shall be prohibited when using the PORTAL (including, but not limited to):
      1. Bullying or harassment;
      2. Advertising of sexual and vulgar material;
      3. Violence and any kind of discrimination, including, but not limited to, discrimination based on race, gender, religion, nationality, disability, sexual orientation, age etc.;
      4. Disclosure of third party data or violation of other rights related to confidentiality;
      5. Provision and distribution of illegal, untrue or inaccurate information;
      6. Rude or obtrusive behavior;
      7. Use of the PORTAL for unforeseen purposes.
    9. The USER shall ensure that the goods offered for sale in his/her ACCOUNT correspond with legal acts, good practice and profile of the PORTAL. It shall be prohibited to offer for sale on the PORTAL the following products (including, but not limited to):
      1. Medicinal products, any medical devices, health care products and dietary supplements, including the ones accredited and registered in the country of the USER or any other country;
      2. Counterfeit and copies of branded goods, and all products not intended for retail sale;
      3. Any food and beverages;
      4. Tobacco and nicotine products and related products;
      5. Weapons and military items, including all self-defense items;
      6. Promotional coupons, gift cards, digital and intangible goods;
      7. Narcotic substances and their paraphernalia;
      8. Animals and animal-related goods;
      9. Household goods that are not related to the profile of the PORTAL;
      10. Any products the sale of which is illegal and/or not directly related to the profile of the PORTAL.
    10. When using the PORTAL, sales mediation is prohibited, namely if the item being sold is not in the possession of the SELLER at the time of sale.
    11. The USER shall undertake to ensure that the description and images of the product uploaded in the ACCOUNT describe the good in details and reality. All uploaded images should be personally taken by the USER, it shall be prohibited to use pictures from internet and/or containing water marks.
    12. The SELLER shall ensure that the good to be shipped is safely packaged. The SELLER shall be responsible for damages that may occur to the good during transportation, if the good is not appropriately packaged, and the occurrence of damages during the transportation was predictable and inevitable.
    13. The USER confirms of being aware of the fact that in accordance with the legislation being in force, he/she shall be obliged to declare and pay all taxes to be paid in relation to transactions (including income, VAT and social tax). This duty shall lie on the USER.
    14. The USER confirms that he/she is aware of the fact that in case if the USER’s data, providing the possibility to enter into his/her ACCOUNT, appears in the possession of any third parties, the third parties may assume liabilities binding to the USER,the fulfilment and responsibility for non-fulfilment of which shall be borne on the USER.
    15. When entering into the transaction, the USERS shall bear mutual responsibility for fulfilment of the transaction concluded. The Parties shall send to each other all issues related to the goods to be sold by using the messaging system on the PORTAL, including, but not limited to:
      1. Additional questions about the physical status, quantity etc. of the goods;
      2. Questions about return and sending back of the goods;
      3. Questions about partial compensation due to inappropriate quality/ quantity of the purchased goods, if the BUYER shows the wish to leave the purchased good, but establishes any concealed defects or significant non-compliance with the information specified in the announcement;
      4. Any other issues, the settlement of which is not under the competence of the PORTAL.
    16. The BUYER shall be responsible for the decision to be made to purchase the good, and the BUYER shall be entitled to ask additional questions to the SELLER about the good to be purchased before the transaction, in order to assess the compliance of the good to be purchased with the status specified in the announcement.
    17. When using the PORTAL, the USERS shall enter into sales agreements between them without intermediation of the PORTAL. The USERS shall bear full responsibility for fulfilment of mutually concluded agreements.
    18. If the SELLER has failed to send the goods within 5 working days from the moment of payment for the goods, the BUYER shall be entitled to cancel the transaction and to receive the paid purchase price back in full amount.
    19. If the USER has any complaints about the services of the PORTAL, the USER shall be entitled to turn with a complaint to the PORTAL through his/her ACCOUNT or by writing to [email protected], mandatory specifying his/her name, surname, contact details and briefly describing the content of the complaint. The PORTAL shall give a reply to the complaint as soon as possible, but not later than within 2 working days, unless the provision of a relevant reply requires more time, regarding which the USER shall be informed in writing in the relevant case.

  8. RIGHTS AND OBLIGATIONS OF THE PORTAL:

    1. The PORTAL shall be entitled at its discretion and without a prior warning to limit the rights of the USER to use the PORTAL, including to annul/ change/ hide t he information published by the USER on the PORTAL or to suspend the sale of goods, or close the ACCOUNT and not to permit repeated registration, if:
      1. the PORTAL establishes that the USER, in any way, intentionally or unknowingly, violates any clause of the TERMS OF USE or legislation being in force;
      2. the PORTAL has received at least three complaints from other USERS about the activities of the USER;
      3. the USER has failed to fulfil his/her obligation within a time period determined by the PORTAL or legal acts to submit and approve his/her data within the framework of the set tax information exchange (DAC7).
    2. Upon establishment of violations of regulatory enactments, in addition to the rights of the PORTAL referred to in these TERMS OF USE to restrict, suspend or annul the ACCOUNT, the PORTAL shall be entitled at its discretion to turn to law enforcement authorities in order to protect its interests or interests of other USERS, providing all necessary USER’S information, including also personal data.
    3. The PORTAL shall be entitled to monitor the activities taking place on the PORTAL.
    4. All copyrights of the content of the PORTAL shall be owned by Geedie OÜ. When uploading on the website the product photographs/ sales advertisements protected by copyright, the USER shall transfer to Geedie OÜ the copyright with regard to product photographs/sales advertisements. Geedie OÜ shall have exclusive right to use in any form the product photo images/ sales advertisements taken and uploaded by the USER, to permit and prohibit their use, to distribute, translate, add to collections or data bases or otherwise use at its own discretion.
    5. The PORTAL shall not be the owner of goods sold on the PORTAL and shall not participate in the sale, purchase or other transactions taking place between the USERS. Besides, the PORTAL shall not be responsible for content of mutual messages between the USERS and consequences related to that.
    6. The PORTAL shall not provide the guarantee service of goods to be sold on the PORTAL, as well as shall not verify and guarantee the quality of sold goods or their compliance with the description made by the USER.
    7. The PORTAL shall not be responsible for truth and lawfulness of information published in ACCOUNTS, as well as for indecent or unlawful activity, however, the PORTAL shall operatively respond to complaints of other USERS and shall settle them in accordance with the requirements of law and within the framework of its responsibility and competence.
    8. If the delivery service provider offered by the PORTAL has been used for delivery of the good and the good is delivered due to any reason (the BUYER fails to take the good, the packaging is incorrectly labelled etc.) to the office of the PORTAL, the PORTAL shall contact both Parties in order to settle the arising situation. In case if the Parties fail to reply to the request of the PORTAL within 2 months, the goods shall be liquidated.
    9. The PORTAL shall not unblock the monetary funds available in the SELLER’S ACCOUNT in accordance with Clause 4.7 of the TERMS OF USE only provided that it has received objections of the BUYER in accordance with Clause 4.6 of the TERMS OF USE within the time period referred to in the relevant clause. Otherwise, in accordance with Clause 4.7 of the TERMS OF USE, the monetary funds shall be automatically unblocked and the transaction shall be deemed as successfully completed.
    10. The PORTAL shall be entitle to refuse to get involved in the settlement of disputable situations between the USERS, if the BUYER sends objections about the purchased good to the PORTAL after expiry of the time period referred to in Clause 4.6 of the TERMS OF USE, even if the objections were sent to the SELLER in a timely manner. All disputes, arising on the basis of objections that have not been sent to the PORTAL within the time period referred to in Clause 4.6 of the TERMS OF USE, shall be settled by the USERS independently between each other.
    11. When getting involved in the settlement of the disputable issue between the USERS, the PORTAL shall be entitled to claim from other Parties additional information and to use the information available on the PORTAL about the communication between the BUYER and the SELLER, including the content of messages on the PORTAL.

  9. NON-CONFORMITY OF GOODS AND RETURN:

    1. In case if the good significantly differs from the description or photo image of the good specified in the sales advertisement and the BUYER wishes to return the good to the SELLER:
      1. the BUYER shall not later than within 48 hours fro receipt of the good apply for return of the good both to the PORTAL as well as the SELLER through his/her ACCOUNT, specifying the reason for return of the good;
      2. The BUYER shall within 5 calendar days after receipt of the approval of return of the good perform the return of the good. Return costs of goods shall be covered by the BUYER, unless the SELLER and the BUYER agree otherwise;
      3. within 2 working days from the moment, when the SELLER has notified about receipt of the good, the PORTAL shall return the purchase price to the BUYER, withholding the fee for shipment of the good from the SELLER to the BUYER.
    2. The SELLER shall be obliged to accept the good back if after the receipt of the good the BUYER:
      • establishes any non-conformity of the good with provisions of the advertisement, and
      • the BUYER has submitted a complaint within the time period specified in Clause 4.6 of the TERMS OF USE and showed a wish to return the good.
    3. The return right shall expire if the BUYER has received the good and more than 48 hours have passed since the moment of receipt of the good. In the relevant case the return of the good shall be possible only with a separate consent of the SELLER.
    4. The Parties shall settle all complaints that may arise to the BUYER in relation to the non-conformity of the purchased good after expiry of the time period referred to in Clause 4.6 of the TERMS OF USE and unblocking of monetary funds between themselves.
    5. When applying for return of the good, the BUYER shall undertake to return the good in the same condition as it has been received, considering the shipment packaging requirements stipulated in the TERMS OF USE, and shall bear full financial responsibility in case if the good is delivered for return, the packaging of which fails to comply with the requirements of the TERMS OF USE on compliance of packaging.
    6. Until the time, when the SELLER notifies about receipt of the good, the money paid by the BUYER shall be stored in the bank account of the PORTAL and shall not be available for any of the Parties involved in the transaction.
    7. After receipt of the good from the BUYER, the SELLER shall confirm the return of goods within 5 calendar days or, upon expiry of 15 calendar days, shall notify on non-receipt of the goods, otherwise, after expiry of the whole above-mentioned time period, namely after expiry of 15 calendar days from the day when the return of goods is due for the BUYER, it shall be automatically deemed that the goods have been received back.

  10. DISPUTES BETWEEN USERS:

    1. In case of insoluble disagreements between the BUYER and the SELLER, the Parties shall turn to the PORTAL through their ACCOUNTS or writing to [email protected] with a request to get involved in the settlement of the issue. The PORTAL shall get involved in the settlement of the issues that are not governed in accordance with these terms of use.
    2. For faster settlement of disagreements, the BUYER and the SELLER shall have a duty to actively cooperate with the PORTAL and to respond to letters/questions of the PORTAL not later than within 48 hours from the moment of receipt thereof. In case if one of the Parties involved in the complaint fails to cooperate and reply to the submitted requests within 48 hours, the PORTAL shall be entitled to make a decision in favour of the other party involved in the complaint.
    3. If the SELLER refuses to accept the goods back or ignores the complaint of the BUYER, or if the BUYER and the SELLER fail to reach an agreement on the return of the good, the PORTAL shall independently assess the arising situation and, considering the information provided by the Parties and actual circumstances, shall make an unilateral decision in favour of any of the Parties. The relevant decision of the PORTAL shall not be subject to appeal and shall be binding to both Parties. This provision is clear and acceptable for the Parties, which is confirmed by the Parties when engaging in the transaction.
    4. Until the moment when the claim is settled, the monetary funds paid by the BUYER shall remain in the bank account of the PORTAL. In case if during the settlement of the claim the BUYER and the SELLER reach an agreement individually, each of the Parties shall be obliged to notify the PORTAL on that through their ACCOUNT or by writing to [email protected].
    5. In case of failure to reach an agreement by negotiations, the BUYER shall be entitled to turn to the Consumer Disputes Commission, when purchasing goods from the SELLER who performs commercial or professional activity on the PORTAL. If the private SELLER operates outside of his/her commercial and professional activity, the USERS may turn to the court in order to settle the dispute.
    6. After settlement of disputes between the BUYER and the SELLER, the PORTAL shall be entitled to close the ACCOUNT of any of the Parties, if:
      1. the USER has failed to fully cooperate during examination of the complaint and has failed to show readiness to participate in the settlement of the complaint;
      2. It was established that the USER has submitted unreasonable claim against the other USER or has provided false information;
      3. Suspicions exist about the constant sale of goods not corresponding with the description and/or intentional fraud.

  11. PERSONAL DATA PROCESSING AND PRIVACY POLICY:

    1. The PORTAL shall collect from the USER only the personal data that are necessary for use of the PORTAL and on the basis of the activities of the USER on the PORTAL. They include such data:
      1. All data of the USER specified in the profile;
      2. All data provided when the good is offered for sale;
      3. All data that are recorded during any other activities of the USER on the PORTAL.
    2. When registering on the PORTAL, the USER shall grant to the PORTAL the right to process USER’S data for necessary purposes and in the necessary scope, including, but not limited to, for fulfilment of obligations arising from law, for fulfilment of contractual obligations, for provision of services of the PORTAL, development, environment personalization and business analytics on the basis of legitimate interests and for marketing purposes on the basis of consent of the USER.
    3. The USER is aware that the PORTAL processes USER’S personal data for the purposes and in the scope specified in the TERMS OF USE.
    4. In case of processing data on the basis of consent, the USER shall be entitled at any time to revoke the consent, to request termination of Personal data processing and deletion of collected personal data. The USER shall be entitled also to require closing of his/her ACCOUNT. The USER shall take into account that in case of request for deletion of personal data and in case of closure of the ACCOUNT, the PORTAL shall perform deletion of all data related to the person within the time periods determined by law.
    5. When registering on the PORTAL, the USER agrees that the PORTAL shall be entitled to use the personal data of the USER and deliver them to the third parties that the PORTAL has selected as cooperation partners in order to ensure quality and availability of services of the PORTAL, as well as expand, improve and otherwise develop the services offered by the PORTAL. The PORTAL shall use only reliable cooperation partners, with whom the relevant cooperation agreements have been concluded.
    6. When registering on the PORTAL, the USER is aware of and agrees that the PORTAL has a duty on the basis of the relevant request, to delivery any data of the USER that became available to the PORTAL about the USER, when he/she used the PORTAL, to any state and/or municipal institution/authority that has relevant legal right to request such information.
    7. The USER shall always have the right to ask questions in relation to processing of his/her personal data and to receive additional information that is not stipulated in these TERMS OF USE, when contacting with the PORTAL through his/her ACCOUNT or writing to [email protected].

  12. CHANGES IN THE TERMS OF USE:

    1. The PORTAL shall be entitled to unilaterally change and supplement the TERMS OF USE, if amendments to the law require that, or if it is necessary for development of services offered by the PORTAL, or improvement of safety.
    2. The USER shall be informed about all amendments and/or supplements to the TERMS OF USE within one calendar day through his/her ACCOUNT.
    3. The USER shall approve his consent to amendments and supplements to the TERMS OF USE by continuing to use the PORTAL after entry into force of the relevant amendments or supplements.

  13. FINAL PROVISIONS:

    1. All legal relations between the USER and the PORTAL, arising from the use of the PORTAL, shall be settled on the basis of legal acts of the Republic of Estonia.
    2. All disputes and disagreements that may arise between the USER and the PORTAL during the use of the PORTAL shall be settled by negotiations. In case if it is not possible to reach an agreement by negotiations, all disputes shall be delivered for settlement to the national court of Estonia according to jurisdiction.
    3. These Terms of Use shall enter into force as of the moment when the USER has accepted them. The USER shall be entitled at any time to terminate the legal relations stipulated in the TERMS OF USE, deleting his/her ACCOUNT in accordance with the procedure and within the time periods previously stipulated in the TERMS OF USE, fulfilling the assumed obligations towards the PORTAL and other Users.
    4. All notifications and information exchange between the USER and the PORTAL shall be made in the electronic form through the ACCOUNT or the electronic address of the USER registered with the PORTAL and the electronic address of the PORTAL: [email protected].