User Agreement of HomeResto
By registering as a User of Website www.home-resto.com (hereinafter the "Website"), you hereby confirm that you have examined the Terms and Conditions of the present User Agreement (hereinafter referred to as the "User Agreement"), agree to the terms and conditions and undertake to follow them.
The definition Client or User refers to a private or legal person who has registered as a user of the Website and refers both to Vendors and Buyers. The Terms and Conditions of the User Agreement apply to the registered User. By accepting the present User Agreement, the Client confirms that he/she has carefully read the User Agreement and agrees that the terms and conditions of the Website and the provided service are binding to the Client.
1. Scope and Interpretation of the User Agreement
1.1. The User Agreement applies to all legal relationships between the Clients and 3A-Services OÜ, owner of the Website, arising from using the Website service.
1.2. 3A-Services OÜ (hereinafter referred to as “HomeResto”) contact information is:
1.2.1. Commercial registry code: 12890660;
1.2.2. Address: according to the commercial registry data;
1.2.3. e-mail address: email@example.com
1.3. The services referred to in clause 1.1 of the User Agreement (hereinafter referred to as the "Service") primarily include provision of the environment and opportunity to the Clients to sell and purchase edible homemade and homegrown goods and provide culinary services (hereinafter referred to as “goods”) and other services available on the Website.
1.4. In addition to the User Agreement, relations between the Clients and HomeResto are governed by the valid legislation of the Republic of Estonia, Website Fees & Payments Policy in “How it works” section (hereinafter referred to as the “Price List”) for the respective service, detailed terms and conditions of the service available on the Website, instructive texts published on the Website and established good practices.
1.5. Any User Agreement provisions in conflict with the provisions of the law and thus invalid do not generally affect the validity of the other provisions.
1.6. All information exchange and communication between the HomeResto Website and the Client takes place in English unless otherwise agreed between the Client and HomeResto.
1.7. The Website is accessible with common web browsers according to the possibilities created by the HomeResto. Website, and the related service functions and developments are decided solely by HomeResto.
2. General Service Terms and Conditions
2.1. HomeResto provides its Clients with the service of a virtual platform that enables registered Users of the Website to offer goods/services for sale at a fixed price, whereby the Clients using the Website service can browse the listings and use other Website services.
2.2. The sales contract between the Vendor and the Buyer is deemed concluded when the Vendor accepts the buying request according to the terms and conditions specified in the sales listing.
2.3. The sales and other contracts are entered between the Clients themselves and the Clients are fully responsible for due performance of the contracts.
2.4. The parties are responsible for performance of the entered contract in full. The parties shall commence activities for fulfilment of the contract (e.g. start negotiations on delivery and receipt of the item) no later than within 1 day as of entering the contract and conclude the transaction within a reasonable period of time agreed upon by the Parties, to which delivery time indicated by the Vendor shall be added unless a shorter delivery time is stated in the sales conditions or other delivery time is agreed. The parties shall conclude the contract in full, i.e. fulfil their obligations towards each other: the Buyer shall pay for the item/service and receive it or collect it; the Vendor shall send or hand the item/service over to the Buyer. Due dates are calculated as of the moment of entering the sales contract, e.g. as of the ending of a successful transaction (applies to all due dates specified in the User Agreement, unless stated otherwise).
2.5. The Buyer shall accept the purchased item/service without undue delay pursuant to clause 2.4 of the User Agreement. Upon receipt, the Buyer shall immediately inspect the received item(s) and packaging and ensure its compliance with the contractual terms and conditions and sales listing description.
2.6. Upon delivery of the item, the Client shall consider the possible risks related to the chosen transportation as well as the packaging requirements of the transportation service provider.
2.7. If it becomes evident upon receipt of the item that the item, incl. packaging, has been damaged during transportation, the Buyer may refuse to accept the delivery provided that the circumstance on which the refusal is based is documented with a photograph or a video recording that can be used to prove the given circumstance.
2.8. HomeResto does not participate in sales and other transactions conducted between the Clients on the Website, nor does HomeResto act as an agent, broker, representative, commission agent, etc. of the Client unless separately agreed otherwise. HomeResto is not a party to a sale or another contract and shall not accept any commitments in front of the Buyer and the Vendor. Among other things, but not only, HomeResto is not responsible for:
2.8.1. The quality and features of the items sold/purchased via the Website;
2.8.2. The accuracy and legality of information published by the Client on the Website;
2.8.3. Inappropriate or unlawful behaviour of the Client.
2.9. The exchange of any notices and information between the Client and HomeResto takes place in writing in electronic form using the contact details provided in the User Agreement or on the Website, unless provided otherwise. HomeResto is not responsible for communication interruptions of the Client resulting from the technical failures or technical solutions of the e-mail service provider.
3. Rights and Obligations of the Client
3.1. The Client shall:
3.1.1. Submit completely correct Personal Data and contact information, including signing up with his/her correct and complete name and valid e-mail address upon registering as a User of this Website and also update his/her information according to clause 3.1.9 of the present Agreement;
3.1.2 Avoid using the Website for fraud or any other illegal transactions;
3.1.3. Submit only correct information when using the Website, incl. correct information about the items on sale (data describing the actual conditions of the item);
3.1.4. In addition to the final price of the item, the Vendor may request that the Buyer reimburse the foreseeable and actual delivery charges of the item from its actual location to the location determined by the Buyer and ownership transfer costs stated in the sales or other contract, whereby all costs must be known to the Buyer at the moment of transaction. Other costs (incl. VAT and packaging fee) must be included in the item price;
3.1.5. Ensure that data entered by the Client (incl. item description, photos, electronic information, files, programs, e-mails, etc.) in the course of using the Website:
220.127.116.11. Are not misleading, inaccurate and/or wrong;
18.104.22.168. Do not include listings for the sale of items, which were prepared with the use of raw materials that did not undergo appropriate sanitary & quality requirements, which may possess health risks;
22.214.171.124. Do not violate proprietary and non-property rights (incl. intellectual property rights) of third persons; among other things, it is forbidden to offer pirated copies of items, use trademarks to promote items not related to these trademarks and add marked photos copied from other portals;
126.96.36.199. Comply with laws and regulations (incl. legislation governing consumer protection, competition and export/import of goods);
188.8.131.52. Are not contrary to good morals;
184.108.40.206. Do not contain viruses and other computer programs or files that interrupt, damage or otherwise interfere with normal use of the Website and/or may be stored on the Client’s computer as a result of using the Website and/or interrupt, damage or otherwise interfere its normal functioning;
220.127.116.11. Are not linked to and do not contain information about a competitive website unless specifically agreed with HomeResto;
18.104.22.168. Are not linked to any Client’s social media page unless specifically agreed with HomeResto.
3.1.6. Not compile databases/lists of Website Clients and Users for any purpose;
3.1.7. Refrain from submitting demands against HomeResto except in case of demands directly arising from the User Agreement;
3.1.8. Maintain the password and username required for using the Website in a manner that prevents them from falling into the hands of third persons, except if the Client has authorised such third persons to represent him/her in using the services. Among other things, the Client understands and agrees that he/she is personally responsible for the confidentiality of his/her account-related username and password.
3.1.9. Immediately amend all changed information and circumstances or if amending him/herself is not technically possible, inform HomeResto about such changes via e-mail.
3.1.10. Immediately inform HomeResto via e-mail if his/her fixed password or username required for the Website is lost or has fallen into the hands of third persons;
3.1.11. Refrain from encouraging any transactions outside of the Website.
3.1.12. For fulfilling the entered sales and other contracts the Client may not impose any special conditions resulting from method of payment, incl. set different sales terms and conditions or add an extra charge to the item.
3.2. By performing transactions on the Website, the Client confirms that he/she:
3.2.1. Is a person with legal capacity (at least 16 years of age) and has the right to perform transactions enabled by the Website;
3.2.2. Duly performs all Client obligations specified in the User Agreement;
3.2.3. Is aware that sales and other contracts are entered between the Clients, and the Clients are fully responsible for due performance of the contracts;
3.2.4. Is aware that entering sales and other contracts entails a legally binding obligation and failure to fulfil such an obligation results in a breach of the obligation and brings about the liability for caused damage;
3.2.5. Is aware that declaration and payment of any taxes (incl. income tax, VAT and social tax) on entered transactions arising from use of all services lies upon the Client;
3.2.6. Is aware that if the fixed password and username required for using the Website is made available to third persons, such third persons will be able to take on obligations that are binding for the Client and fulfilment of which is the obligation of the Client and that HomeResto bears no obligation to additionally verify (i.e. except username and password) the person using the Website.
3.2.7. Has examined HomeResto recommendations in “How it works” section on Website and is fully responsible for following them.
3.2.9. Has examined and accepts the valid Price List and other terms and conditions stated with clause 1.4.
3.3. The Client shall pay a fee for services provided to him/her according to the HomeResto Price List regardless of whether transaction with the item was actually carried out. Relationship between Vendor and Buyer, also cancelation policy is indicated on Vendor profile page on website and/or is negotiated via private messages. HomeResto does not refund paid commission fee.
3.4. The Client shall pay fee for provided services to the HomeResto from every transaction. Commission fee is withheld automatically when accepting the payment.
3.5. The Client has the right to submit a claim on sales contracts entered via the Website to HomeResto. The claim must be submitted within 7 days as of entering the sales contract on the terms and conditions stated in clause 2.2
3.6. The Client has the right to rely on remedies provided by law in the event of non-compliance of HomeResto services to the User Agreement.
4. Rights and Obligations of HomeResto
4.1. Considering reasonable circumstances and based on own reasonable assessment, HomeResto has the right to limit or terminate the right of a Client to use the Website, change the information published on the Website by the Client, close a listing or Client's user account and prevent the Client from re-registering as a new Client:
4.1.1. If the Client is in breach of the User Agreement or the obligations of the Client resulting from it;
4.1.2. If the Client has submitted false, misleading or inaccurate information when registering as a Website user or during using the Website;
4.1.3. If the Client knowingly and intentionally spreads false information on the HomeResto website, insults other persons in any way or behaves in an undignified manner;
4.1.4. If user account has been inactive for 6 months in a row
4.1.5. If due to some other valid reason.
4.2. HomeResto has the right to monitor activities on its Website at any time, incl. monitoring the activities of Website users. HomeResto may investigate all alleged breaches of the User Agreement and use any legitimate means for this purpose.
4.3. HomeResto has the right to remove Client listings and consents and entered data from the Website at any time if these are contrary to the User Agreement, good morals, valid legislation or other terms and conditions stated in clause 1.4.
4.4. With the purpose to improve usage of the Website, HomeResto has the right to re-arrange data within the Website without altering the content of Client listings.
4.5. The Client has the right to protest the decision of HomeResto stated in clause 4.1 by submitting a respective e-mail to firstname.lastname@example.org. HomeResto shall review the protest and leave the decision in force, amend it or cancel it.
4.6. HomeResto has the right to charge the Client for using the service according to the Price List. HomeResto commission fee is deducted automatically when accepting the payment.
5. Amendment of the User Agreement and Terms and Conditions
5.1. HomeResto has the right to unilaterally change and supplement the User Agreement, Price List and other terms and conditions stated in clause 1.4 at any point of time in relation to development of the Website and services and their improved and more secure use.
5.2. HomeResto shall notify the Client of changes in clause 5.1 through notices published on the Website.
5.3. The changes stated in clause 5.1 shall become valid as of publication of the respective notice on the Website. The Client has the right to cancel the services if he/she does not accept the changes. The Client agrees to the changed terms and conditions by continuing to use the Website services.
6.1. The service and any content or service or feature related to the Website or made available through the Website is provided on the basis of "as is" or "as available" principle without any directly or indirectly expressed guarantee. HomeResto disclaims all guarantees to the extent possible under applicable law.
6.2. HomeResto is not responsible for circumstances including, but not limited to:
6.2.1. Any interruption, stall, stop or other inaccessibility of the Website or service;
6.2.2. Program errors, viruses, Trojans, etc. distributed or transmitted by someone to the Website or via its services;
6.2.3. Deletion of any content or data or impossibility to save content or data;
6.3. HomeResto is not responsible for any violations committed by the Client against third parties.
6.4. The Client shall compensate any expenses, losses, claims, pecuniary claims and costs (incl. legal costs) directly or indirectly resulting from an infringement committed by the Client to HomeResto and cooperation partners and subcontractors of HomeResto used for provision of services by HomeResto
6.5. HomeResto is not responsible for any of the circumstances caused by a circumstance reasonably beyond HomeResto’s control, including, but not limited to, natural disaster, storm, fire, earthquake, explosion, flood, war, civil disturbance, rebellion, terrorism, lock-out or other job action, embargo, crime, weather and climate conditions, failure or inability of a third person to fulfil its obligations, power outage, any confiscation by a government or a government agency, their actual or potential measure.
7. Duration and Expiry of the User Agreement
7.1. The User Agreement is valid without a term.
7.2. HomeResto has the right to extraordinarily terminate the User Agreement due to the presence of circumstances stated in clause 4.1 if the breach committed by the Client does not enable the Client to continue to use the Website according to reasonable estimations of HomeResto. If continued use is possible and reasonable due to circumstances, HomeResto shall set a deadline for termination of the violation and shall extraordinarily terminate the User Agreement if the set deadline is not met.
7.3. The Client has the right to terminate the User Agreement at any time and demand his/her user account to be closed, if he/she has fulfilled all prior obligations in front of HomeResto and the other Clients and the deadline set for submitting claims stated in clause 3.6 has passed since his/her last transaction.
8. Final Provisions
8.1. Legal relations between the Client and HomeResto arising from the User Agreement are governed by the legislation valid in the Republic of Estonia.
8.2. Any disputes arising from using the Website shall be solved between the Client and HomeResto by means of negotiations. If agreement cannot be reached, the Client may take the matter to the Consumer Disputes Committee, ODR environment at http://ec.europa.eu/odr or Harju County Court on terms and conditions under the legislation in force.