GENERAL TERMS AND CONDITIONS FOR USE OF ONLINE AUCTION WWW.METEORITES.BID
Art.1 The present "General terms" govern the relationship between Meteorites Ltd. and any person who uses the services or has access to the resources provided through the website www.meteorites.bid ("Auction"). If the user does not agree with these Terms and Conditions or with the website usage rules, the user is obligated to cease its use immediately.
Art.2 www.meteorites.bid is online platform for organizing electronic purchases that allows its users to offer, sell and buy goods at prices defined by them and regardless of the location of the goods, , which is maintained and operated by Meteorites Ltd.
Art.3 Without limiting the meaning of the definitions contained in these Terms and Conditions, the following words and phrases have the following meanings, unless the context otherwise indicates:
(а) "administrator" means Meteorites Ltd, entered in the Commercial Register by the Registry Agency under UIC 118583892, VAT № BG118583892, with head office: Silistra, 3, PK Yavorov Str., fl.6, ap. 16 registration address: 12G Ivan Peychev Street, Sofia, fl. 3, ap. 11;
1. Commission for personal data protection (CPDP)
Address: 1592 Sofia, 2 Prof. Tzvetan Lazarov Blvd,
tel.: 02 / 915 35 18
Fax: 02 / 915 35 25
2. Commission for protection of customers (CPC)
Address: 1000 Sofia, 4А Slaveykov Str.,
tel.: 02 / 980 25 24
Fax: 02 / 988 42 18
Hot line: 0700 111 22
(c) "user" - means a local or foreign natural or legal person, who uses the services or has access to the resources provided through the website and is a registered user;
(d) "seller" - all registered user of the auction, offering services or products for sale;
(e) "buyer" - are registered users, who participate in auctions or buy products or services based on the auction principles or with a reserved price;
(f) "deal" - when a buyer has won an online auction is considered there is sales transaction between the buyer and the seller;
(g) "uncontrolled deal" - agreement between seller and buyer for a particular auction, using the communication module of the system;
(h) "rating" - a point system, based on user feedback for each other;
(i) "reserve price" - is the minimum price, a seller is willing to accept from a buyer;
(j) "buy-now-price" - price at which the seller agrees to deal without bidding;
(k) "registered user" - means a user who has registered a client profile on the website;
(l) "account – profile" - a section of the site, formed by e-mail and password, which allows the user to send the order and holds information about the user and history of some of his activities on the site (orders, tax invoices and others)
(m) "website" - is web page, located at www.meteorites.bid;
(n) "order" - electronic document serving as communication form between the seller and the buyer though which and by the means of the site, the buyer declares his intention to purchase goods and services through the site;
(o) "goods, articles and services" - any subject of contract between the seller and the buyer for sale-purchase on the site;
(p) "campaign" - any commercial message aiming to promote certain goods and/or services which are offered in limited quantities, unless in the commercial message is stated the opposite, for a certain period of time, specified by the seller.
(q) "contract" - is signed from distance contract between the seller and the buyer for buying/selling of goods and/or services from the website;
1. All the information on the site, accessible through Internet and using a device with connection to Internet
2. Content of any message from the Seller to the Buyer, sent using electronic devices and/or any other accessible communication devices;
3. Any kind of information, provided in any way by the Seller to the Buyer and/or their employees through electronic or other devices for distance transmission
4. Information regarding the goods and/or services and/or applicable tariffs by the Seller for certain period of time;
5. Information regarding the clients and concerning the goods and/or services and/or the applicable tariffs from 3rd parties, with whom the Seller has signed any form of partnership contracts;
6. Data regarding the seller/buyer or other information, concerning them;
7. Any text, image, sound, video, multimedia, or other audio and/or audio-visual content, electronic link, or any other material or information, accessed through the website, including expressed opinions and/or standpoints. posted on the website and stored on the service provider's server responsible for the foreign information storage;
(s) "newsletter" - a periodical means of information representing goods and services offered by the seller and promotions, sent electronically via e-mail without engaging or warranting the seller's responsibility for the information contained therein in accordance with the law;
(t) "transaction-action" - an action from the buyer to pay a product or service to the seller and using payment methods offered by the seller on the site;
(u) "specification" - all characteristics and/or descriptions of goods and/or services as indicated in their description;
(v) "question" - form of addressing Meteorites Ltd or a seller/buyer in order to obtain information about products or services on the specified page, sent via e-mail or by pho
(w) "answer" - written or oral information that has been provided to the person who asked about a particular product to the site, using the contact form or by phone. The answer is an explanation provided by Meteorites Ltd or seller/buyer within one dialog;
(x) "General Terms" - means the present General Terms, as well as any amendments and additions thereto;
Art. 4. By accessing or using the resources of the website, the user declares that he is familiar with present Terms and Conditions and agrees to be bound by them.
III. REGISTERD USERS
Art. 5. (1) Only registered users will be able to publish and to make valid orders to purchase the products offered in the auction as well as a number of advantages - such as storing delivery data, a convenient overview of the past orders history, their status and content, a wish list to easier keep track of their price, and to take advantage of special promotions, and so on.
(2) The registration of user profile (account) at www.meteorites.bid is not mandatory, to use the website, without registration, one can only browse and ask questions through the provided forms for filling.
(3) By registering as a seller, the user will be charged when making a deal, as well as in case of using additional advertising options.
(4) Meteorites Ltd does not collect fees from users, who have registered as a buyer.
(5) The amount of the fees for use the services offered through the website is defined in the Fee Tariff published on the website and is an integral part of these General Terms and Conditions.
(6) Payment of the fees due for use shall be done by bank transfer, through the system, or in another manner approved by the administrator.
Art. 6. (1) The request for registration of a client profile shall be submitted electronically and shall contain the following data:
(a) name, surname, delivery address, including telephone number and email address;;
(b) company name and identification number;
(2) Once you have successfully made a registration, with each order, you have the chance to correct your contact phone and delivery address and also to point a representative to accept the order.
(3) It is not possible for the user to change his/her user name (login) created during registration. A separate email must be assigned to each account (4) The registration of new/additional profiles of one user is possible, but only by a user registered as a seller, with big quantity and kinds of products or a seller who would like to sell separately as a physical and legal person. For the registration of new/additional profiles, the user needs approval by the administrator after electronicallyrequest.
Art. 7. Without limiting the meaning of Art. 4 of the present General Terms and Conditions, by submitting a request for registration and/or offer, the user declares that he is familiar with these General Terms and Conditions and agrees to be bound by them.
Art. 8. The administrator has the right to refuse to register a profile account, when:
(a) the application for registration contains incomplete or incorrect information;
(b) the user does not provide or refuse to provide the administrator with the information or documents necessary to identify the user and his authorized representatives;
Art. 9. (1) The administrator has the right, but is not obligated to restrict or terminate the access to a profile account:
(a) when an attempt has been made to use the account by an unauthorized person;
(b) when the user used or attempted to use his account in contradiction with these Terms and Conditions and/or in contradiction with the good commercial practices; or
(c) when a user used or attempted to use a foreign profile account without the prior consent of the administrator and of the account holder.
(2) The administrator is obliged temporarily to restrict the access or to deactivate the profile account, upon written request of the account holder, within 24 hours of receiving the request;
(3) The registration, the related data (including rating) and the resulting obligations to the site are personal and may not be shared with others.
(4) The user account must be used exclusively for the purchase of good and/or services through the methods provided by the website.
(5) The user is not allowed to:
1. to participate within one auction and bid in, by using more than one of his profile accounts;
2. to use his accounts in unfair way to raise the prices offered in the bidding lists;
(6) A user whose account has been restricted may not re-register at the auction without the prior consent of Meteorites Ltd. Meteorites Ltd. has the right to refuse to re-register a user whose account has been blocked in the past.
Art. 10. The user is obliged to keep his username and password secret. He is responsible for all transactions, performed through his profile account, before the expiry of the term under Art. 9, para. 2.
Art. 11. (1) The administrator of the platform shall not be liable for damages resulting from:
(a) errors in the data and information transmission;
(b) unauthorized access to a profile account, non- employees or agents of the administrator;
(c) unlawful acts or actions of users of the platform, including infringements of intellectual property rights or the publication of material with obscene content;
(d) inability to access the website;
IV. SUBJECT OF SALES AT THE AUCTION
Art.12. (1) The auction is intended for sale of meteorites, minerals, fossils and goods from any derivative or ancillary industry. This includes any services, accessories, equipment, supplies, other goods and/or services that do not violate the subject matter and the focus of the auction and are included in categories and subcategories for sale. The seller can create his own subcategories that we have missed to enter in the main menu, but they must be in accordance with the subject matter and scope of the Website .
(2) All products and services published for sale, which, at the discretion of Meteorites Ltd. do not meet the requirements and the subject matter, will be immediately removed without warning and indemnity. For systemic violations of Art.12, para 1 above, Meteorites Ltd is entitled to restrict the access of the relevant user to our sales services.
V. ACCESS CONDITIONS AS A SELLER
Art. 13. (1) A user may access the services provided by Meteorites Ltd. as a seller, under the following conditions:
1. To be a valid member of IMCA (International Meteorte Cellectors Association). Given the impeccable reputation of IMCA members, they get access to our services without any recommendation. Each IMCA member with regular membership rights has the right to sell goods and services at www.meteorites.bid.
2. The registration of such a member will be done through sending a message to firstname.lastname@example.org via the registered by the user e-mail at website www.imca.cc. This brief check is done to prevent the use of an unfamiliar or invalid IMCA number.
3. The message should contain the following information:
- user name with which the member has made a registration on the platform of www.meteorites.bid;
- IMCA number;
- name and surname (not obligatory);
(2) To have at least two recommendations from already registered on www.meteorites.bid sellers. A user who wants to access our services as a seller and is not an IMCA member with regular membership rights, should receive two recommendations from already registered sellers. Once we receive a request for access as a seller to our services by e-mail: email@example.com we will perform a cross-check to confirm, via the platforms communication system, the recommendations from the sellers. Once all the procedures and checks have been successfully passed, the user will be given a status of seller and will gain access to our services . It should be taken into account that it may take some time to complete the procedures, depending on the speed of confirmation by the guarantors
The message you should send to us must contain the following information:
1. User name used for the registration on www.meteorites.bid;
2. User names of the two sellers who provided the recommendations;
3. Short motivation letter in a free text containing the answers to the following questions:
- Why do you want to sell at our auction?
- What do you want to sell?
- How would your future customers feel safer to use the services of www.meteorites.bid?
(3) In our discretion. After we becoming familiar with your history and you have provided us with evidence of impeccable commercial practices in your past, you will get access to our platform as a seller. Once all these procedures and checks have passed successfully, the user will be able to access our services as a seller. The message you need to send to e-mail: firstname.lastname@example.org, should contain the following information:
1. Username that the user is registered with, on the platform at www.meteorites.bid;
2. A short, free-text cover letter that answers the following questions:
- Why do you want to sell in our auction?
- What do you want to sell?
- How would you make your future clients more secure to use the services of www.meteorites.bid?
Art. 14. (1) The seller is obliged to offer at the auction only lots that are legally owned or he/she has explicit authorization by the owner or authorization to sell them. The seller guarantees that the goods he offers are not stolen or acquired through misuse, fraud, breach of trust or any other crime.
(2) The seller declares that the lots offered for sale through his account, either personally or through a third party, are in accordance with laws and regulations and other generally valid rules that they are free of defects or defects in production that could cause danger for persons and/or property that by trade therein they do not undermine and/or create contradictions with the public order and morality that the rights, the reputation of third parties, the rights of the person or human dignity are not affected in any way, right to int proprietary, industrial or artistic property or any copyright, trademark, sign, corporate name, domain name, or image of any physical or legal person protected by law.
(3) The seller is obliged not to include in the description comments or appraisals that undermine or harm the image of the trade mark or the name of the sold item. The seller, at the request of another user, should certify that he holds the necessary permits for the product, subject to any offer or use (author, marks). The seller agrees to be personally liable for all claims by the owners of the trademarks or copyrights. Meteorites Ltd., including its related companies, as well as its representatives and employees, are exempt from any liability in the event of a dispute.
(4) Meteorites Ltd reserves the right to remove an listing without notice and without having to compensate the seller or other bidders in the event of a breach by the seller or a third party when the product or service being sold is the subject of a dispute. Meteorites Ltd reserves the right to ask the seller to change or to specify the description of the sold product or service. The Seller's refusal to comply with this request would result in automatic cancellation of the listing without any compensation being due.
(5) The seller is the sole author of the description of the sold product or service. The content of this description does not reflect the ideas or opinions of Meteorites Ltd. Meteorites Ltd is exempt from any liability, loss, claim, damages or costs, including attorneys' fees and protection claimed by a third party or other user, as a result of or in connection with the use of seller’s account by himself or by a third party, and even without knowing it. The seller whose listing has been removed from Meteorites Ltd for any reason will be notified by email specified at account registration.
Art 15. To keep the sale platform www.meteorites.bid safe for buyers and fair for sellers of products and services, the seller has no right to:
1. Uses our services if he/she is unable to enter into legally binding contracts (for example, if is under 18 years or is temporarily or unlimitedly blocked from using our site, services, applications or tools);
2. Publishes or uploads content or products in inappropriate categories or sections of our site;
3. Violates and/or circumvents any regulatory rule, third party rights, and/or our systems and rules;
4. Uses somebody else’s intellectual property and has no consent from the copyrights owners;
5. Not to offer a resale product or service for sale unless there is a valid reason stated in in the e-commerce rules of the auction (for example, the buyer does not comply to the published terms of the listing or it is not possible to connect with the buyer);
6. Manipulates the price of any of the goods or services or interferes in the listings of other users;
7. Publishes incorrect, inaccurate, misleading or defamatory content;
8. Publishes vulgar or contrary to good moral words and phrases, pornographic, obscene or offensive content;
9. Publishes images with aggressive scenes that conflict with good morals (including scenes of violence, sadism, child pornography);
10. Publishes third-party advertising links (exception: stated and approved advertising campaigns);
11. Publishes "Buy", "Replace", "Advertising" announcements;
12. Distributes or publishes spam, unwanted emails, letters or pyramid schemes
13. Distributes viruses or other technologies that may damage the e-commerce of the auction or the interests or property of the users;
14. Collects otherwise information about users without their consent;
15. Avoids any technical measures we use to provide our services;
16. Asks for positive rating feedback from customers;
17. Publishes advertisements, promotional materials, or watermarks on images, photos, or videos on third-party, that are not related to Auction’s activity;
18. Bids for his/her own lot.;
19. Cancels offers and terminates bids earlier in order to avoid the sale of the lot which does not meet the desired or expected price;
20. Points out inappropriately content of the listing. Any content that we consider to be inappropriate for Meteorites Ltd will be removed without notice;
21. Demands from buyer additional fees, overcharge, VAT, and other extra payments, although they are not explicitly listed in the online auction;
Art. 16. The following guidelines apply to sellers when creating an listing in the Auction:
1. When creating a small listing, sellers must comply with the E-Commerce Marketing Standards for each Lot;
2. All products should be classified in an appropriate and accurate manner in the most specific location. Incorrect classification of products is prohibited. Product types, product descriptions, and words should be clearly written to help users understand the product. On the pages with product/lot listings do not include HTML, DHTML, Java, scripts, or other executables file type.
3. When describing the lot, sellers shall take the following into account:
3.1. The product or service listing should be published in the relevant categories or areas;
3.2. Packaging, processing and delivery charges, including for additional products (if any), must be pointed out using the options, provided by the Auction;
3.3. Packaging, processing and delivery charges must be realistic and cannot be excessive. The amount the seller wants to receive for a lot must be pointed out as lot’s price and no part of this price can be included in the packaging, processing and delivery charge for the lot. The same policy applies to multiple items and / or services earned by a single buyer with regard to the combined charge for packing, processing and delivery. The definition of excess is at our discretion, but excess can usually be measured with the help of a good, objective estimation;
3.4. It is not allowed to instruct buyers that they have to wait for an invoice before paying for the purchase;
3.5. By selecting a payment method, available from the Auction’s options, any additional charges or requirements for using the specified payment method are forbidden (for example, indicating that the buyer must pay additional fees if paid by PayPal);
3.6. All information contained in the listing must be accurate, non-misleading, and have a connection with the offered goods and/or service;
3.7. The product titles should contain only information directly related to the product itself;
3.8. When publishing a product image, it is assumed that the image is exactly the product that the buyer will receive. If the image is intended to serve only as an example, this should be explicitly and clearly stated in the text part of the description;
3.9. Product images may include only the product offered in the particular listing. Additionally, multiple listings with quantities of a certain goods cannot be used to sell different positions within a single listing. For example, it is not allowed to display an image showing four different products labeled from 1 to 4 and to create only one listing of the four goods. It is also not allowed to create an offer that shows an image of products marked form 1 to 4 and indicates that only a specific item is sold through the listing;
3.10. The images must be of good quality and properly cut and oriented;
3.11. An listing for pre-sale item may be created only if the expected date of shipment to the buyer is within 30 calendar days from the date of the offer’s publication. If a buyer has purchased a pre-sale item and the seller cannot send the item within 30 calendar days from the date of purchase, the seller must refund to the buyer the amount he has paid in full (including the packing, processing and delivery charge, as well as any other paid expense
Any listing that does not meet the above policies may be ceases at any time. Fees will not be recovered for any offer ceased due to policy violations.
3.12. In case the seller offers a “Replica” item, he must indicate this explicitly both in the description and in the title of the listing;
3.13. The offered good and/or service may not be prohibited by the European legislation.
3.14. It is necessary for the seller to have all licenses, permits and patents, if required by European and/or other legislation;
3.15. In the listing, it is necessary to describe all payment and delivery conditions regarding the goods and/or the service.
Art 17.(1) The seller has the right to terminate the auction earlier, before the expiry of the deadline specified therein, only when there is a well-grounded reason for that and only if no bidding has been received for it. Early closure of the auction does not release the seller from the payment of the fee due to Meteorites Ltd.
(2) One of the following reasons is considered well-grounded for earlier termination of an auction:
1. If the product is lost, broken or otherwise unavailable for sale. In this case the seller is obliged to close the auction earlier and immediately after knowing the mentioned above circumstance;
2. If a mistake has been made while creating the listing and in case it cannot be corrected.
Art.18. The auction is an international website, sellers, who supply lots, sold through the website www.meteorites.bid must always explicitly state to the customers, the country from which they will deliver, by indicating "delivery from" to their seller's profile. The seller will be responsible and will guarantee, that he/she will meet the delivery expectations from the place he/she pointed out for all orders he sends.
Art.19. (1) All our services are available for international transactions, sellers and buyers are responsible for obeying all laws and regulations applicable to the international sale and delivery of goods and/or services. With the acceptance of these Terms and Conditions, the Parties, which are participants at the International Transactions agree to comply with International and European consumer policies and with the rules for international purchases and sales through this Website..
(2) The seller may restrict international buyers from purchasing the goods and/or service subject to an auction, if he/she explicitly excludes the possibility of an international delivery from the respective offer.
VI. TERMS AND CONDITIONS FOR THE BUYER
Art.20. (1) Buyer's account must contain accurate and up-to-date contact information;
(2) The buyer shall pay the price for all lots he has committed to buy. This includes Lots/items/ for which the buyer has offered the highest price/purchase price/ and which he/she wins through bidding, auctions and through accepted offers and items from the online store for which he has committed to buy, as well as Lots/items/ he has committed to buy through any other sale platform that www.meteorites.bid provides.
(3) In case the buyer is the winning bidder for more than one auction-like listing, he/she must buy all lots he has won, even if they are the same or similar. The buyers should be especially careful when bidding on several Lots, but actually want only one.
(4) The buyer may withdraw the submitted offer only in exceptional circumstances. The buyer can withdraw the offer, if he/she has made a mistake when writing the offered price - he wanted to make a bid of EUR 10.00 but wrongly offered a price of EUR 100.00 In this case, the buyer should immediately enter the amount he actually intended to offer. It is recommend buyers never to use a withdrawal of an offer in order to manipulate the bidding process. Manipulating offers is unfair and has serious consequences.
(5) The buyer should be convinced that he has read the full description of the offer before bidding. Many of the problems that buyers and sellers face are result of misunderstandings about the subject and terms of the sale itself. For example, some sellers want to sell only to buyers who live in a certain country or who will pay via PayPal. The buyer should make an offer or buy a product only if he/she meets the requirements set by the seller and the description of the listing. If the buyer does not meet these requirements of the seller and still is the highest bid, it is considered that a deal between the parties is not made and the seller has the right to refuse to sell the Lot to that buyer.
(6) The buyer will be considered dishonest if he participates in an auction only with the intent artificially to raise his price or because he/she is related in any way to the seller and wishes to increase his rating. Buying Lots from someone just to increase their rating or to improve their reputation is called a "remission fee" and is in violation of our policies. In these cases, the assessment of the status of the transaction is removed
(7) The buyer should not offer to buy Lots that are not offered through www.meteorites.bid or should not bid for a Lots offered outside www.meteorites.bid platform, by avoiding company’s mediation.
(8) The rules of Meteorites Ltd do not cover Lots purchased outside of www.meteorites.bid and without our mediation, and therefore we are not responsible for any fraud or other violation.
(9) Buyers should not accept any offer from the seller for purchase of lots outside www.meteorites.bid, because they are subject to the same rules
(10) Buyers should not require from the seller to mark the Lot as a gift on the customs declaration when buying Lots from a seller in another country. This is illegal and against Meteorites Ltd. policies
Art.21. (1) The buyer shall not abuse the rating system regarding the status of the deal with the seller.
(2) The buyer shall not threaten the seller that he/she will give him a negative feedback of his/her rating system if the seller has refused to do anything not listed in the listing. This action is called blackmail and is against the rules of Meteorites Ltd
(3) The buyer shall not give a positive feedback of the seller’s rating if he only for the reason to d increase seller’s ratings. This is a kind of reverse manipulation that is not allowed.
Art.22. If for the buyer arises a problem with the seller, he/she shall comply with the following rules:
1. be well-meaning when trying to solve the problem;;
2. do not contact with other potential buyers for the reason to inform them of their problems with the seller. This action is called intervention in the negotiations and is in violation of Meteorites Ltd policies
3. In case the buyer has concerns about Seller's behavior, this issue should be reported to Meteorites Ltd. for its resolving.
Art.23. (1) To participate in an auction, the buyer shall make a bid on the webpage with the lot description, by indicating the amount he is ready to pay.If, in the course of the auction, buyer’s bid turns out to be successful, this buyer is considered as winner of the auction.
(2) The buyer in order to buy a lot that has been put up for sale at a fixed price is enough to click the "BUY NOW" button.
Art.24. Meteorites Ltd his/her opinion about the status of the deal with the seller, evaluating it via the rating system and comment. In this way, the buyer increases or decreases the seller's rating
Art.25. The Buyer is obliged to buy and pay for certain lot when he has made an offer, has used the "Buy Now" option, or if there was a winning offer or the offer has been accepted otherwise by the Seller.
Art.26. Meteorites Ltd." does not own the goods and/or services offered through the platform and therefore cannot transfer or influence the transfer of ownership of property. The buyer should bear in mind that the transfer of rights must be done from the seller to the buyer.
VII. TYPES OF AUCTIONS
Art.27. (1) The following types of bids are supported in the auction:
p.1. Bidding with or without a reserved price where a seller offering products invites other users to bid for a contract of sale. The user who has offered the purchase price (bid) is considered to have won the auction;
p.2. Bidding auction where the seller has activated the "Buy Now" option, upon activation of which the buyer can purchase the item immediately at the reserved price previously determined by the seller. The buyer can use the "Buy Now" option before another bidder to offer a higher price than the buyer's "Buy Now" option.
p.3. A bid with only "Buy Now" option, where the seller offers a product at advance reserved price;
p.4. Secret auction –the seller determines which bidders can bid on it.
(2) Prices offered by sellers, as well as other auction terms, are public information available to anyone who visits the auction.
VIII. PROCEEDING OF THE BID
Art.28. The user participates in an auction by placing an offer (Bidding auctions) or through the "Buy Now" option (Auctions with "Buy Now" option).
Art.29. At the moment the buyer makes an offer, he agrees to give to the seller information containing the following details of his account: name and surname, e-mail address, telephone number for contact.
Art.30. During an auction, buyers can ask the seller questions that relate to signing of contract in the auction. The content of the question is automatically sent to the seller by e-mail and the communication resources provided by the system.
Art.31. By joining a bid for a single item, the buyer determines the maximum price that he/she is ready to pay for the bidding item. The system will automatically bid at the minimum price that would allow the buyer, if bidding at the increased price, be greater than the other buyer's offerings. Then, as a result of each subsequent offer from another buyer, the system will automatically generate the offer at a minimum price that will allow the buyer to bid more than another buyer with the amount of the increase.
Art.32. During a bidding auction, the buyer may change the maximum price but can not give an amount lower than the highest bidder offered at that time by another buyer.
Art.33 The buyer who offers the highest price/purchase price/becomes the winner of the bidding auction for one item..
Art.34. The auction may finish earlier before the deadline expires, for an auction with "Buy Now" option, if the buyer has used this option.
Art.35. When a buyer – participant in the auction makes a new offer, the system automatically sends an e-mail message to the other bidder, who has previously given the highest bid, to notify him that another buyer has offered a higher price than his.
Art.36. When a buyer - participant in the auction makes a new offer, the system automatically sends a message to his email, informing that his offer has been accepted.
Art.37 The information that the auction has finished is displayed in its description. Once the bidding auction is completed and if there is a winner, determined according to the rules specified here, the winning bid is accepted and information about auction termination and the winner are sent to the buyer's email address.
Art.38. (1) It is considered that a buyer has won an online auction when one of the following conditions is met:
• The buyer has the highest bid/purchase price/at the completion of the auction – in case that the auction is without a reserved price;
• The buyer has the highest bid/purchase price/at the completion of the auction and the reserved price has been reached - if any;
• The buyer has used the "Buy Now" option - in case the Seller has entered such;
• The buyer has offered a price offer "Make an Offer" by using the built-in functionality in the system, which has been accepted by the Seller;
(2) Each standard auction is with open bidding and is won by the buyer who has entered the highest price /purchase price/ . The bidding step is fixed, but with a different value at different price ranges. The same is clearly visible in any auction with bidding and is the actual difference between the minimum bid price for the next bidder and the current price. Provided that the difference between the winning price and the second ranked buyer is greater than that step, the final auction price is formed by the sum of the second plus one step. The order of users is in descending order of the amounts they entered.
IX. PERSONAL DATA PROTECTION
Ar.39. (1) Thе present information is intended to inform you in accordance with the requirements of Art. 13 and Art. 14 of the Regulation / EU / 2016/679 about the activities of Meteorites Ltd. for collecting and processing personal data, the purposes for which, personal data are collected and processed, the measures and guarantees for the protection of the collected and processed personal data, your rights and how you may exercise them, in accordance with the requirements of Regulation / EU / 2016/679, on the protection of individuals with regard to the processing of personal data and the free movement of such data and other applicable acts of the European Union and Republic of Bulgaria
p.1. Information about the Administrator.
Meteorites Ltd, registered in the Commercial Register by the Registry Agency with UIC 118583892, VAT № BG118583892, with seat and address of management: Silistra, 3, PK Yavorov Str., Fl.6, ap. 16 with business address: Sofia, 12G Peychev Str. floor 3, ap. 11, represented by the Manager Georgy Iliev Penev, hereinafter referred to as "Administrator".
p.2. Contact details.
Meteorites Ltd. is a data controller within the meaning of Article 4, paragraph 7 of Regulation / EU / 2016/679, the address of Meteorites Ltd. is: 12G Ivan Peychev Str., Fl. 3, Ap. 11 - to which address you can send by e-mail or by courier requests to Meteorites Ltdas a personal data controller or to submit your requests personally to the office.
You can also send your requests to an email address.
p.3 Contact details of the Data Protection Officer. E-mail: email@example.com.
p.4. Purposes of the processing of personal data, categories of personal data subjects, categories of personal data, legal ground for processing of personal data.
Meteorites Ltd. conducts a commercial activity according to the Bulgarian legislation whereby it processes personal data in connection with the following main activities: The administrator processes your personal data in connection with the management of our relations with you for the following purposes
• To perform activities related to the conclusion, amendment, existence and termination of contractual relationships, including:
• preparation of any documents;
• establishing contact with the contact person by telephone, email or otherwise, or in any other lawful manner;
• To supply and/or receive goods/services, to communicate in connection with the provision and/or receipt of goods/services and to provide related customer service;
• To keep an accounting related to the contract performance, on which the Administrator is a party;
• To process payments in connection with contracts concluded by the Administrator;
• To send important information to the entities regarding changes in the Administrator's rules, conditions and policies and/or other administrative information;
"Personal data" means any information related to an identified individual or individual ("data subject") that can be identified by identifier such as names, identification number (PIN), permanent address, email address, telephone number. In the course of its activity Meteorites Ltd. collects personal data of the following categories of persons:
- Applicants for work;
- Data of counterparties (clients, managers, representatives and/or contact persons of the legal entity under a trade contract).
The personal data for each person are provided by the persons themselves and are collected by the Administrator in fulfillment of a legal obligation in connection with the conclusion of a contract and/or fulfillment of obligations under a concluded contract in accordance with the provisions of the Commercial Law, the Accountancy Act, Law for Obligations and Contracts, Value Added Tax Act, Labor Code, etc. and the terms and conditions stated in the commercial contract with the respective client/counterparty through: hard copy - written documents (including, power of attorney, contracts, bank information at the conclusion of the payment processing contract), by e-mail - provided in connection with the execution of the commercial contract.
The collection and processing of data is done for the specific legitimate purposes explicitly stated, personal data is collected and processed lawfully, transparently and in good faith and cannot be further processed in a manner incompatible with those purposes.
p.5. Categories of recipients of personal data outside Meteorites Ltd.
Meteorites Ltd discloses to third parties only those personal data that are necessary for the performance of the legally assigned or attributed activity. In this regard, third party access to your personal data is only granted to:
- Occupational Health Service;
- State authorities and authorities entrusted with public functions within their powers (NRA, NSSI, Ministry of Interior, CPDP, etc.);
- Banks for the purposes of payment of remuneration;
- Courier companies and postal operators - for the purposes of correspondence with the data subjects;
p.6. Term of storage of personal data
As a data controller, Meteorites Ltdstores and processes data for a minimum period of time in accordance with the purposes for processing and provided for in the applicable legislation in accordance with the principle of storage restriction.
|Years||Defining a period|
|50 years||Payroll, personnel files - Art. 38 of the Tax-Insurance Procedure Code|
|10 years||Accounting records and financial statements, including tax controls, audits and ex-post financial inspections – Art. 12 from the Accountancy Code and the Tax-Insurance Procedure Code, Art. 38 of the Tax-Insurance Procedure Code|
|5 years||After the expiry of the limitation period for repayment of the public obligation to which they are related Tax control documents – Art. 38 from the Tax-Insurance Procedure Code|
|1 month||Job applicants|
p.7. Rights of the data subject.
The measures taken to protect personal data in compliance with Regulation 2016/679 are designed to ensure the rights of subjects whose personal data are processed, namely:
- right to be informed;
- right of access;
- right to correct existing data;
- right to delete data (right to be forgotten);
- right to limit data processing;
- right to data portability;
- right of objection;
- rights related to automated data processing and profiling;
The above rights may be exercised by request to Meteorites Ltd in written form or electronically, in accordance with paragraph. 2, which shall specify your request.
(2) Right to complain to the Commission for Personal Data Protection (CPDP)
If the data subject considers that his/her rights under Regulation 2016/679 have been violated, you can file a complaint with the Commission for Personal Data Protection - address: Sofia 1592, 2 Tsvetan Lazarov Blvd., - Working hours - From: 09:00 - Until: 17:30, Website: www.cpdp.bg, E-mail: firstname.lastname@example.org.
(3) Submitting of personal data to third countries or international organizations
Meteorites Ltd. does not submit collected and processed personal data to third countries or international organizations.
Art.28. Introduced by "Meteorites" LTD measures to protect personal data.
Meteorites Ltd. Privacy and Data Protection Policy and Internal Rules/Policies/Procedures have introduced measures to effectively protect the collected and processed personal data and to exercise the rights of the data subjects provided for in REGULATION 2016/679. You can see the full text of Meteorites Ltd Privacy and Data Protection here.
Further information on Meteorite Ltd.’s personal data protection measures can be obtained from the Meteorite's Data Protection Officer: email@example.com.
X. PROHIBITED ACTIVITIES
Art.40. (1) The following activities are prohibited on our Website and are in direct violation of our General terms of Service:
p.1. Breach or circumvention of any law or our systems and policies;
p.2. Engaging one of the users in suspicious and / or illegal activities;
p.3. Creating an unfriendly environment through offensive or vulgar messages (no matter if this messages are send by using our an internal messaging system or otherwise);
p.4. Taking action on the part of users in our sole discretion believe that the negative impact on our business as a platform for mediation of online trading;
p.5. Interference by one of the users in the listings of another user;
p.6. Publishing by a user a content, which is untrue, misleading, inaccurate, defamatory, vulgar or obscene;
p.7. Publishing by users a content that in our opinion is unwanted and/or is not related to the listing (spam);
p.8. Transferring the profile of one user to another person without our express written consent;
p.9. Consciously submitting any incorrect information to commit fraud or falsification of information regarding the profile www.meteorites.bid;
p.10. Consciously registration of many profiles/accounts / for e-commerce;
p.11 Accessing or making an attempt to access data which is not intended for the users such as but not limited to entering another user profile(account) or server for which the user does not have proper access permissions;
p.12. Scanning or attempting to scan or test the security and/or configuration of the website, including, but not limited to, breaching of security measures or certificating website without proper entitlement for that;
p.13. Use of any robots, spider or other automatic device to access our services for any purpose;
p.14. Interference with the proper working of the website or imposing an unreasonable or disproportionately large burden on the infrastructure;
p.15. Interference or attempt to interfere with the service of any user in any way, including but not limited to, sending of viruses, spam and other attacks;
P.16. Unauthorized advertising by a user for any commercial, political or religious purpose;
(2) Use of the website or of its resources, to require other users or partners of Meteorites Ltd to become users, sellers or partners of other online or offline services that would be or are in direct or indirect competition with e-commerce of Meteorites Ltd, including, but not limited to, merging of current or previously offered data or transactions.
XI. USERNAME AND TRADEMARK
Art 41. (1) Meteorites Ltd gives freedom to its members, to choose themselves a username with which to register on the platform. It’s not allowed to use a username that may be offensive to others, violate copyright or trademark or mislead or confuse other users.
p.1. During the registration process, users are free to choose a username they remember. Users have to keep in mind, that there are a rules that they should follow. The chosen username:
P.1.1. shall not be indecent;
p.1.2. shall not contain an email address or web address (URL) or a word imitating, misleading or infringing intellectual property rights on third party;
P.1.3. shall contain at least 6 characters;
p.1.4. shall not contain registered trademark of third party;
(2) During the registration users should check if they have complied with the above instructions. Otherwise, users may be subject of restrictions, including restrictions on the purchase and sale rights and / or temporarily termination of the account.
Users shall inform us if a registered username on the website, violates the present General Terms.
(3) Meteorites Ltd reserves the right at any time to change or to remove any username that violates the present General Terms for any reason.
Art.42. The rules that apply to usernames refer similarly to registered store names in the websites. As well as the usernames should be unique, the same way store names should be. Two or more users can not register and own the same store name(s).
XII. ONLINE SERVICE CONDITIONS
Art.43 In case of unusually high internet traffic, Meteorites Ltd has the right to require from the users, manually to enter the captcha validation codes, in order to protect the published information on the site.
Art.44. Meteorites Ltd may publish advertising or promotional information about the services and/or the sales offered by it or its partners for a certain period of time as well as stock information.
Art.45. All service prices of Meteorites Ltd on the website are final and in Euro (EUR), including 20% VAT.
Art.46. In case of online payments or bank transfer payments, Meteorites Ltd shall not be liable for expenses referring to charges, commissions or other additional payments made by the user in connection with the transaction itself. Meteorites.bid shall not be liable for the currency exchange applied by the bank, which has issued the card to the customer, in cases where the currency is different from EUR. The costs associated with such payments are entirely on the user's account.
XIII. USING OF SUBCONTRACTORS
Art.47. Meteorites Ltd has the right to use subcontractors for the performance of the services offered on the website, without to inform or to obtain the consent of the users, unless this is explicitly required by law or regulation. Meteorites Ltd will be liable for the actions of these subcontractors, as its own.
XIV. INTELLECTUAL AND INDUSTRIAL PROPERTY
Art.48. The Content of the online auction, including but not limited to the logos, any graphic images or titles, trade symbols, dynamic symbols, texts and/or multimedia content on the website, are owned by the Meteorites Ltd or by the registered auctioneers/sellers.
Art.49. Meteorites Ltd. owns and reserves all intellectual property rights in any way related to the site, whether owned or obtained by contractual licenses or in any other lawful manner
Art .50. The Concluded contract from distance between Meteorites Ltd and a user will not be considered as an authorization of Meteorite Ltd, the user to copy, distribute, publish, submit to third parties, to make changes of the content, but not limited to, of the trademarks, logos, multimedia content (video clips) of the website, or the descriptions of the goods and/or services in any manner, including through new content on the website, as well as removal of copyright signs, owned by Meteorites Ltd The user has no right to sell, prepare derivative works, reproduce, publicly display, publicly perform, distribute, or otherwise use the content of the Web Site in any way for any public or commercial purpose or any portion thereof on any other web site, or in any publication, database, catalog or compilation, or in a networked computer environment for any purpose, without the express prior written permission of the Meteorites Ltd.
Art.51. The user has the right to use the content with commercial purpose only by prior written permission of Meteorites Ltd or of the respective sellers for this and only the part of the content in the manner and extent of its use as well as within the time limits, for which this permission is expressly given. Any further or other use of content will be considered as a breach of the Agreement between Meteorites Ltd and the user and for violation of the intellectual property rights of Meteorites Ltd. Meteorites Ltd. will hold the user liable in court.
Art.52. Any use of the content, for purposes other than those expressly permitted in these General Terms and Conditions or any other prior written permission given by Meteorites Ltd is prohibited.
Art.53. (1) Meteorites Ltd. newsletters containing information about trade discounts and other promotions are sent by the partners of Meteorites Ltd.
(2) At the moment the user creates an own account on the site, has the opportunity to express consent for receiving the newsletters. The newsletter consent option can be changed at any time by contacting Meteorites Ltd.
(3) The user may withdraw his consent of receiving a newsletter at any time by using the special link that can be found in each newsletter or to call 359878123333
(4) The withdraw consent for receiving newsletters does not mean an automatic withdraw of consent given for the present contract.
XVI. PROPOSALS, COMPLAINTS AND REQUESTS. DISPUTE SETTLEMENT
Art.54. Proposals, complaints and requests addressed to Meteorites Ltd. shall be considered and resolved by Meteorites Ltd. not later than one month after the receiving, and the applicant shall be informed of the result in written form.
Art.55. Disputes between the parties on the present General Conditions may be resolved by the order for consideration of proposals, appeals and requests, by the procedure for out-of-court settlement of disputes or before the competent court.
Art.56. Disputes between the parties on the present General Terms can also be resolved through the European Online Dispute Resolution Platform (ADR) to ensure safe and fair online shopping.
Link to the European Online Consumer Dispute Resolution Platform (ODR): https://webgate.ec.europa.eu/odr/.
XVII. ADDITIONAL PROVISIONS
Art.57. The eventual invalidity of any provision of these General Terms and Conditions will not lead to nullity of the entire contract
Art.58. For issues not covered by this contract, related to the implementation and interpretation of this contract, shall apply the laws of the Republic of Bulgaria.
Art.59. In the event of a discrepancy in the English translation of these "Terms and Conditions", the text in Bulgarian shall prevail.
Art.60. These General Terms and Conditions shall enter into force for all Users of 01.02.2020