HAMMEY.COM TERMS AND CONDITIONS

 

Terms and conditions apply to all webpage users.

General conditions of the service

1.       Conditions of usage (later on as the Conditions) apply to people registered as users of webpage www.hammey.com (later on as the Webpage) and to users of the Webpage (later on as the Clients) and to authority relations arising among the Webpage's owners' limited-liability company Hammey (later on as the Provider of the Service).

2.       The service provided to the Client (later on as the Service) is first and foremost giving opportunities to buy products or services on the Webpage by bidding on auctions (later on as the Auction).

3.       The Client has the opportunity to use all the Services offered on the Webpage by registering as a user of the Webpage and by opening a personal user account, or by some other way indicated by the Webpage. The contract between the Provider of the Service and the Client is considered signed at the moment the Client registered as the user of the Webpage or started using the Service in some other way.

4.       The Client registers as the Webpage user by filling in and confirming the registration questionnaire. While becoming a user of the Webpage, the Client chooses a personal username and a password.

5.       A registered user is obliged to keep the username and password confidential. In case a registered user has given the personal username and password to a third person, then the Provider of the Service is not responsible for the consequences that may follow.

6.       The Client is obliged to use the services offered on the Webpage in conformity with legislations which apply in the Republic of Estonia.

7.       The Provider of the Service is not responsible for the Clients illegal acts.

8.       The Client is responsible for all liabilities to pay taxes that result in using all the services that are offered on the Webpage, if it is not enacted by laws in some other way.

9.       It is not allowed in any condition to harm, disturb, ruin the Webpage or the usual functioning of the Webpage.

10.   The Client is not allowed to collect information about other users of the Webpage (including e-mail addresses) without the permission of these people.

11.   By using the services offered on the Webpage, the Client will give truthful and correct information.

12.   The Client is not allowed to spread spam, chain letters, so-called pyramid schemes, viruses and other technology which can or will harm the Provider of the Service or the Webpage.

13.   The Provider of the Service is not the Clients' agent, broker, spokesman, commissioner etc.

14.   In case the Client uses scripts while using the Service, the Provider of the Service is allowed to back out from any kind of contracts signed with the Client. That includes closing the user account on the Webpage.

15.   Auction wins can be bought out only by people who live in the USA and have USA address.

16.   Amazon.com is fully responsible for the transport, condition and shipment of the bough item.

17.   The Provider of the Service carries the transportation costs only within the USA.

Processing personal data

18.   By registering as a user of the Webpage or by starting to use the Services offered on the Webpage, the Client gives the Provider of the Service his/her approval to process data accordingly to the Conditions and the laws that apply in the Republic of Estonia.

19.   The Client has the right to take back the approval and to demand immediate cancelling of the processing of personal data.

20.   The Provider of the Service collects and stores the data electronically. If necessary, then also making extractions in some other way to provide, improve and personalize the Service.

21.   The Provider of the Service uses the data intra provider to import information and with the Clients approval also to mediate advertisements and offerings to Client's e-mail, fax, telephone-answering machine and to other individual communication providing devices.

22.   The Provider of the Service will not mediate Client's data to any third person, except when working with any third person to ensure the quality and co-operation of the Service and to improve and exact debts, including companies with payment disturbances, law enforcement authorities and Clients who have opened another auction, in case these Clients have made bids on referred auction.

Intellectual property

23.   Copyrights of the Webpage and its contents copyrights belong to the Provider of the Service. By mediating pieces to the Webpage about items/services which are protected by copyrights, the Client gives the Provider of the Service the author's pecuniary rights that apply to them for free. The Provider of the Service owns sole right to use, allow or forbid the usage of the pieces mediated by the Client in any way, including reproduction, spreading, translating, adjusting, adding to collections or databases or mediating to the public.

24.   In case of violating the copyrights referred in the Conditions, the Provider of the Service has the right to use law enforcement means, including demanding compensation for damage and ending violation of the copyrights.

Conditions to participate in auctions

25.   People under the age of 18 can not take part in the auctions if they do not have a permission from parent or legal caretaker.

26.   The Client has the right to participate in auctions arranged by the Webpage by bidding or using credit institutions indicated on the Webpage through Client's user account (later on as the Service of Bank link).

27.   The Clients who are registered as the users of the Webpage can use the Service of Bank link by buying opportunities through internet bank to bid accordingly to the pricelist stated on the Webpage.

28.   Auctions start every day at 10.00 and stop every night at 24.00 (According to server time). Bids made between 24.00 - 10.00 are not counted. If there is a sign "24h" next to the interval and under the item, then the auction will not stop, it will continue as long as there are bids.

29.   The Provider of the Service has the right to pause, close or cancel the auction if the computer system of the Provider of the Service is being damaged, disturbed or any kind of system error appear that may or will affect the course of the auction. In case it is not possible to restore the auction, then payments made while bidding will be returned to the Clients.

30.   The Provider of the Service is not responsible for errors that have risen on circumstances independently from the Provider of the Service (force majeure).

31.   The Webpage reserves the right to temporarily or permanently disqualify a user, or disable their account at any time, and at its sole discretion. Users will be disqualified when in the reasonable opinion of the Webpage, a member has violated any laws or the rights of third parties. A user will be disqualified if such action will protect the rights of other users, or to prevent unauthorized manipulation or use of the Webpage. Examples of such unauthorized usage include (but are not limited to) non-payment of bids, use of unauthorized third-party bidding software or set up of multiple user accounts by the same individual. In case of a breach of these Terms, the Webpage reserves the right to withhold deliveries or refunds for bids.

32.   The Provider of the Service is not responsible for Client's Internet connection errors caused by computer.

33.   The starting price for every item is 0 (zero) dollars. With every bid the price of the item will rises 0.01 (zero coma zero one) dollars. The time to make bids (later on as the Bidding time) is displayed in according column near the item. With every bid the Bidding time will starts all over again. An auction is considered ended, when the Bidding time has run out and no one has made a new bid during the Bidding time. With the end of an auction these bids are taken into accounts which have reached the Provider of the Service by the end of the Bidding time. The best bidder is the person to whose bid no new bid followed during the Bidding time. The person certified as the best bidder is displayed in the column next to the item that was on the auction. With the end of an auction the sales contract of the item that was on the auction is considered signed between the Provider of the Service and the best bidder (later on as the Buyer).

34.   If auction interval reaches zero the control time will activate. During the control time the system checks whether all bids have arrived. The length of the control time is 3 seconds. Bids made during the control time are not accepted.

35.   In case of receiving the right to buy on an auction, the Buyer pays the final price for the item that was on the auction. The final price includes the transportation expenses of the item and value-added tax (VAT) 18% accordingly to a bill of the Provider of the Service. In case the Client will not pay for the item by the deadline indicated on the bill, then the Provider of the Service has the right to back out from the sales contract of the item.

36.   In one calendar month a Client can get maximum the buying right of 7 (seven) items from the auctions of the Provider of the Service.

37.   The Provider of the Service delivers the bought item to the Buyer within 21 (twenty one) days after the Buyer has paid the bill. The Provider of the Service covers the expenses of transportation of the item to the Buyer within the United States of America. In case the item bought from an auction needs to be transported outside of the United States of America, then the Buyer will pay for the transportation expenses of the item.

38.   If any defects occur on an item, then the Buyer is obliged to inform the Provider of the Service immediately. The Buyer has the right to return the item bought from an auction to the Provider of the Service within 14 (fourteen) calendar days counted from the day of receiving. The returned item has to be undamaged, in its original package and not used. When returning the item, the provider of the Service returns the price paid for the item to the Buyer promptly after examination of the returned item, but not later than within 2 (two) weeks. Expenses made on the auction and expenses connected with the returning of the item will not be compensated.

39.   In case problems will occur in relation of shipment hammey.com has the right to pay out the price of the item and transmit it to users bank account.

Guarantee

40.   The Provider of the Service is responsible for any defects that occur on the bought item, which appear since the delivery day to the Buyer and during the guarantee period given by the manufacturer, importer or vendor.

41.   The Provider of the Service is not responsible for the defects that have appeared:

42.   As a result of irregular usage of the item.

43.   In case of normal physical attrition caused by usual purposeful usage.

44.   By impairment and damaging, which risk the Buyer carries.

45.   In case of detecting defects on the item or items nonconformance to requirements, the Buyer will send respective notice on Hammey LLC contact info@hammey.com at the latest within 1 (one) months from the detection of defect on the item or the items nonconformance to requirements. For not following the deadline referred in current point without any compelling reason, the Provider of the Service has the right to rely on nonconformance of the item.

46.   In case of defects on the item or items nonconformance to requirements, the Provider of the Service has the right to repair it or to replace the item with an item that conforms to requirements and has no defects. The item replaced on the guarantee deadline will be given a new guarantee with the same duration as the sales guarantee. In case of repairing the item the sales guarantee will lengthen by the duration of amendment.

47.   In addition to the rights deriving from the guarantee, the Buyer has other rights deriving from laws.

Changing the Conditions

48.   The Provider of the Service is entitled to change and improve the Conditions single-sided by displaying corresponding announcement and changed and/or improved Conditions on the Webpage.

49.   The changes and/or improvements of the Conditions will enter into force after they are displayed on the Webpage.

50.   Client confirms agreement to the changes and/or improved Conditions by using the Service after the enforcement of changes and/or improvements.

End of using the Services

51.   Client has the right to stop using the Services and close user account. The obligations that arose before stopping to use the Service will apply also after the end of using the Services and closure of user account until they are fulfilled in accordance with requirements.

Final articles

52.   In addition to the Conditions and legislations that are valid in the Republic of Estonia the relationships between a Client and the Provider of the Service are regulated by: pricelist for the Services on the Webpage, conditions that on the Webpage specify the Service and good customs.

53.   The invalidity of one article of the Conditions does not automatically make other Conditions void, that are in accordance with laws.

54.   Arguments that arise from using the Webpage will be settled by negotiations. In case negotiations fail, then the Court of the Harju County will solve the argument. Negotiations are considered failed, when sides have not reached a solution that satisfies both sides within 60 (sixty) calendar days form the start of the argument.