Alligatordeals User Agreement
By registering as a user on the website,
www.alligatordeals.com
or (hereinafter collectively referred to as the "website") or performing transactions on the website, you confirm that you have read the terms of this user agreement (hereinafter the user agreement), agree to them and undertake to comply with them.
The term "dealer " or " customer " means a natural or legal person who has registered as a user of the website. The terms of the user agreement apply to registered users, as an unregistered natural or legal person has no right to transactions. By accepting this user agreement and/or using the website, the customer confirms that they have carefully read the user agreement and give their consent that the terms and conditions of the website and this service are binding on the customer.
1. Scope and Interpretation of the User Agreement
1.1. The user agreement applies to all legal relationships between dealers, customers, and the owner of the website, Aligaator grupp OÜ, arising from the use of website services.
1.2. The contact details of Aligaator grupp OÜ (hereinafter "Alligatordeals.com") are as follows:
1.2.1. Commercial Register code: 17051606;
1.2.2. address: according to the Commercial Register data;
1.2.3. e-mail address: customer support(ät)alligatordeals.com
1.3. The services referred to in clause 1.1 of the user agreement (hereinafter referred to as "service") primarily mean the provision of an environment to customers and, in connection with this, the opportunity to sell and buy goods and services (hereinafter referred to as "deal") and other services offered on the website.
1.4. In addition to the user agreement, the relationship between the customer and Aligaator grupp OÜ is governed by the applicable legislation, the price list on the website (hereinafter referred to as the "price list") for the use of the respective service, the detailed terms of the service on the website, the help texts published on the website and the established good practices.
1.5. If any provision of the user agreement conflicts with the provisions of the legislation and thereby becomes invalid, this generally does not change the validity of the other provisions.
1.6. On the website, all information exchange and communication between Alligatordeals.com and the customer takes place predominantly in Estonian, Russian, and English unless another language is used by agreement between the customer and Alligatordeals.com.
1.7. The website can be used in the most common web browsers according to the features created by Alligatordeals.com. The functionalities and further developments of the website and related services are solely decided by Alligatordeals.com.
2. General Terms and Conditions of Service
2.1. Alligatordeals.com offers customers a virtual platform as a service, which allows users registered on the website to offer goods/services for sale at an electronic offer (hereinafter "deal") or at a fixed price (e.g., "buy at a good price"), while customers using the website's service can browse offers, participate in offers of items to buy on offer, buy goods and use other services of the website.
2.2. In the case of goods/services with a fixed price, the sales contract between the seller and the buyer is deemed to have been concluded by the buyer's submission of a purchase offer that meets the conditions stated in the sales offer when selling goods/services in the form of an electronic offer, the sales contract is deemed to have been concluded at the time of the end of the offer or at the end of the goods in the given offer. At the same time, the buyer cannot withdraw the offer that has already been submitted.
2.3. Customers conclude sales and other contracts, e.g., transport organization contracts with each other with a purchase confirmation, where the quantity of the goods is also specified, and they are responsible for their proper fulfillment.
2.4. After the conclusion of the contract, the parties undertake to fulfill it to the full extent. The parties must start actions to fulfill the contract (e.g., start negotiations for the delivery and acceptance of the item) in advance before the conclusion of the contract and finalize the transaction within 14 days at the latest, plus the delivery time specified by the seller unless a shorter term is specified in the terms of sale or another deadline has been agreed upon. The parties must fully complete the performance of the contract, i.e., fulfill mutual obligations: the buyer pays for the goods/services and accepts them or picks them up, and the seller delivers or hands over the goods/services to the buyer. The calculation of deadlines starts from the moment of concluding the sales contract, i.e., the end of the offer.
2.5. The buyer undertakes to accept the purchased goods/services without unreasonable delay, based on clause 2.4 of the user agreement. Upon receipt, the buyer undertakes to immediately inspect the received item(s) and packaging and make sure that it complies with the contract conditions and the description of the sales offer.
2.6. When delivering the item, the customer undertakes to take into account the possible risks of the chosen method of transport and the packaging requirements of the transport service provider.
2.7. If upon acceptance of the item, it appears that the item, including its packaging, has been damaged during transportation, the buyer has the right to refuse acceptance, provided that when refusing acceptance, the fact underlying the refusal is recorded using a picture or video, which allows the said fact to be proved later.
2.8. Alligatordeals.com does not participate in sales and other transactions made between customers on the website, nor is Alligatordeals.com the customer's agent, broker, representative, commissioner, etc., unless separately agreed upon. Alligatordeals.com is not a party to any sales or other contract and assumes no obligations to the buyer or seller in this regard. Among other things, but not limited to, Alligatordeals.com is not responsible for:
2.8.1. the quality or features of the goods bought/sold through the website;
2.8.2. for the truthfulness or legality of the information published by the customer on the website;
2.8.3. for inappropriate or illegal behavior of the customer.
2.9. The exchange of all notices and information between the customer and Alligatordeals.com takes place in written, electronic form using the contact details specified in the user agreement or on the website unless otherwise specified. Alligatordeals.com is not responsible for communication interruptions caused by technical failures or technological solutions of the customer's email service provider.
2.10. The website and the intellectual property rights of all its content belong to Aligaator grupp OÜ. By submitting works-items protected by copyright or other intellectual property rights to the website, the customer grants Alligatordeals.com a free, non-exclusive license to exercise the property rights applicable to these works, including Alligatordeals.com has the right to use the works submitted by the customer in any way, to allow and prohibit their use on the website, reproduce, distribute, translate, adapt, add works to collections or databases and communicate to the public. The customer undertakes to make sure that by using the website, the customer, Alligatordeals.com, and other users of the website do not violate the copyright or other intellectual property rights of third parties. Otherwise, the customer will be compensated for the damage and other costs caused by it.
3. Rights and Responsibilities of the Buyer/Dealer
3.1. The Buyer/Dealer undertakes:
3.1.1. to provide completely correct personal and contact data when registering as a user of the website and using the website, including registering under their correct and full name and using a valid email address, as well as updating said data in accordance with clause 3.1.12 of the user agreement;
3.1.2. not to use the website for fraud or other illegal transactions;
3.1.3. when using the website, to provide only completely true information, including true data regarding the goods (data describing the actual condition of the goods);
3.1.4. The cost of transportation is not added to the final price of the goods unless otherwise agreed upon.
3.1.5. to ensure that the data entered by the dealer when using the website (including product description, photos, electronic data, i.e., files, programs, emails, etc.):
3.1.5.1. are not misleading, inaccurate, and/or false;
3.1.5.2. do not contain offers to sell prohibited items;
3.1.5.3. do not violate the proprietary or non-proprietary (including intellectual property) rights of third parties, among other things, may not offer pirated copies of things, use trademarks to advertise items not related to them, or add tagged photos copied from other portals;
3.1.5.4. are in accordance with laws and other legislation (including legislation regulating consumer protection, competition, and export/import of items);
3.1.5.5. are not contrary to good manners;
3.1.5.6. do not contain viruses and other computer programs or files that interfere with, damage, or otherwise disturb the normal use of the website and/or which may be stored on the customer's computer as a result of using the website, as well as interfere with, damage or otherwise disturb its normal functioning;
3.1.5.7. are not linked to nor contain information about a website that competes with the Website, except by special agreement with Alligatordeals.com.
3.1.6. not to make an empty offer when bidding;
3.1.7. to sell the goods at the price specified in the offer in accordance with the conditions for creating a deal;
3.1.8. to buy goods on offer, where their offer corresponds to the offered quantity;
3.1.9. not to form databases or lists of customers or users of the website for any purpose;
3.1.10. not to file claims against Alligatordeals.com, except for claims directly arising from the user agreement;
3.1.11. to keep the fixed password and user ID for the use of the website so that they do not fall into the hands of third parties, except in cases where the customer has authorized such third parties to represent themselves when using the services. Among other things, the customer understands and agrees that they are responsible for the confidentiality of the username and password associated with their account.
3.1.12. to immediately change it themselves or, if this is not technically possible, inform Alligatordeals.com by email about all data and circumstances that have changed;
3.1.13. to immediately inform Alligatordeals by email about the loss of the password or user ID fixed for using the website or falling into the hands of third parties;
3.1.14. not to offer goods offered for sale on the website simultaneously outside the website, except when referring to the offer on the website (except e-shop goods);
3.1.15. in the case of ongoing offers, refrain from any incitement to a transaction external to the website;
3.1.16. not to change the description of the goods in the offer after receiving the first offer. One can only change a pending offer that has not yet been opened or an ongoing bid as long as no offers have been made on it. One can order additional services and add pictures;
3.1.17. to accept Alligatordeals.com e-account reservation (deposit payment) and e-account transfer as payment methods when executing sales and other contracts to be concluded. The dealer may not set special conditions for the buyer arising from the payment method, i.e., the sales conditions of the item may not depend on it, or a special fee may be added.
3.2. By performing each action on the website, the dealer confirms that they:
3.2.1. are a person with passive and active legal capacity who has the right to make transactions enabled on the website;
3.2.2. properly fulfill all customer obligations stipulated in the user agreement;
3.2.3. are aware that customers conclude contracts for the sale of goods, etc., among themselves and that customers are fully responsible for their fulfillment;
3.2.4. are aware that the conclusion of sales, etc. contracts entails a legally binding obligation and that in case of failure to fulfill such an obligation, they are responsible for the breach of the obligation and the resulting damage;
3.2.5. are aware that the customer is responsible for declaring and paying all taxes (including income, sales, and social tax) due from transactions resulting from the use of services;
3.2.6. are aware that if the password and user ID used to use the website fall into the possession of third parties, such third parties can assume binding obligations to the customer, the fulfillment of which the customer is responsible for, and that Alligatordeals.com has no obligation to additionally check the identity (i.e., besides the username and password) of the user of the website;
3.2.7. are aware and agree that Alligatordeals.com has the right to process the customer's personal data in accordance with the laws in force in Estonia and the Privacy Policy of Alligatordeals.com.
3.2.8. have familiarized themselves with and accept the valid price list and other conditions provided in clause 1.4.
3.3. a person under the age of 18 cannot make a purchase without authorization from their parent or guardian.
3.4. The dealer is obliged to pay Alligatordeals.com a fee for the service provided corresponding to the price list, according to the actual total amount of the goods transaction, which the buyers and dealers made during the transaction. If, upon review of the claim submitted to Alligatordeals.com, it is determined that the transaction did not take place due to circumstances arising from the buyer, the commission calculated on the basis of the price list will be returned to the seller.
3.5. The dealer undertakes to pay for the rendered services to the Alligatordeals.com settlement account within seven days of the submission of the electronic invoice by Alligatordeals.com unless otherwise agreed. For overdue invoices, Alligatordeals.com has the right to charge a late fee of 0.065% of the overdue amount per day. Invoices that have not been paid on time are forwarded to the person (collection agency) dealing with debt collection four weeks after the invoice is issued, and the customer is obliged to bear all costs related to the collection of invoices that have not been paid on time.
3.6. The customer has the right to submit a claim to alligatordeals.com regarding the sales contract concluded through the website. The claim must be submitted within 21 days from the conclusion of the sales contract on the conditions provided in clause 2.2 of the user agreement, except if a delivery time has been set for the delivery of the goods bought/sold through the offer in which case the 21-day claim submission deadline will be extended by the delivery time established for the delivery of the respective goods.
3.7. The customer has the right to rely on the legal remedies provided by law in case of non-compliance with the user agreement of Alligatordeals.com services.
4. Rights and obligations of Alligatordeals.com
4.1. Alligatordeals.com has the right to limit or terminate the customer's right to use the website, change the information published by the customer on the website, close the offer or the customer's user account, and not allow them to register as a customer again in the following cases:
4.1.1. the customer violates the user agreement or the customer's obligations arising therefrom;
4.1.2. the customer has provided false, misleading, or inaccurate information when registering as a user of the website or using the website;
4.1.3. the customer knowingly and intentionally spreads false information on the Alligatordeals.com website, insults other persons in any way, or behaves indecently;
4.1.4. for another important reason.
4.2. Alligatordeals.com has the right to monitor the activities on the website at any time, including monitoring the actions of website users. Alligatordeals.com may investigate any alleged violations of the user agreement using all legal means.
4.3. Alligatordeals.com has the right to remove the customer's offers and consents and enter data from the website at any time if it is contrary to the user agreement, good manners, applicable legislation, or others in clause 1.4. with the stated conditions.
4.4. Alligatordeals.com has the right at any time to make data relocations on the website for the sake of better use of the website without changing the content of customers' offers.
4.5. The customer has the right to challenge the decision of Alligatordeals.com referred to in clause 4.1. by sending a relevant letter to the email address kontrol(ät)alligatordeals.com. Alligatordeals.com will review the dispute and either uphold, modify, or reverse the decision.
4.6. Alligatordeals.com has the right to charge the customer for using the service according to the price list. To claim the fee, Alligatordeals.com issues an electronic invoice to the customer. At the customer's request, Alligatordeals.com also provides the customer with an invoice in written form.
4.7. In the event of a violation of the customer's obligations provided in points 3.1.1. – 3.1.17, Alligatordeals.com has the right to demand from the customer a contractual penalty in the amount of up to 20% of the final price of the offer, with a minimum of 25 euros. In addition, the customer must compensate the other contracting party for the fees paid in connection with the offer for the services provided by Alligatordeals.com.
4.8. Alligatordeals.com provides a deposit service for the fulfillment of sales and other contracts concluded by customers.
4.9. Alligatordeals.com has the right to complete the operations of the transaction between the buyer and the seller (for example, the release of the deposit payment) if the fulfillment of the sale, etc., contract by one party is proven, and the right to reverse the transaction operations (for example, payment) if the non-fulfillment of the sale, etc. contract by one party has been proven.
5. Changing the user agreement and terms of use
5.1. Alligatordeals.com has the right at any time, due to the development of the website and services and in the interest of their better and safer use, to unilaterally change and supplement the user agreement, price list, and other conditions stated in clause 1.4.
5.2. Alligatordeals.com undertakes to inform the customer of the changes specified in clause 6.1 through notices published on the website.
5.3. The changes indicated in clause 5.1 take effect from the publication of the corresponding change on the website. The customer can cancel the ordered services if they do not agree with the changes. By continuing to use the website's services, the customer agrees to the changed conditions.
6. Liability
6.1. The service and any content or service or feature made available in connection with or through the Website are provided on an "as is" and "as available" basis without warranties of any kind, express or implied. Alligatordeals.com disclaims all warranties to the fullest extent permitted by applicable law.
6.2. Alligatordeals.com is not responsible for, but not limited to, the following:
6.2.1. Any interruption, stoppage, suspension, or other unavailability of the website or the service;
6.2.2. Bugs, viruses, Trojan horses, etc., which are spread or transmitted by anyone to the website or through this service;
6.2.3. Deletion of any content or data or inability to store any content or data.
6.3. Alligatordeals.com is not responsible for any violations committed by the customer against third parties.
6.4. The customer undertakes to compensate Alligatordeals.com and Alligatordeals.com's cooperation partners and subcontractors, whom Alligatordeals.com uses to provide the service, for all costs, damages, claims, property claims, and expenses (including legal fees) resulting directly or indirectly from a violation committed by the customer.
6.5. Alligatordeals.com shall not be liable for any event caused by a situation beyond the reasonable control of Alligatordeals, including but not limited to natural disasters, storms, fire, earthquake, explosion, flood, war, civil unrest, riot, terrorism, labor shortages and strikes, lockout or other industrial action, embargo, crime, weather and climate conditions, third party default or inability to perform, power failure, seizure by any government or governmental agency, actual or potential action thereof.
7. Duration and termination of the user agreement
7.1. The user agreement is valid indefinitely.
7.2. Alligatordeals.com has the right to cancel the user agreement in the event of the occurrence of the basis referred to in clause 4.1 if, in the reasonable opinion of Alligatordeals.com, the customer's violation does not allow the continued use of the customer's website. If it is possible and reasonable under the circumstances, Alligatordeals.com will set a deadline for the customer to end the violation in advance, failing which Alligatordeals.com will terminate the user agreement in an extraordinary manner.
7.3. The customer has the right to cancel the user agreement at any time and demand the closure of the user account if they fulfill all obligations to Alligatordeals.com and other customers in advance and the deadline for submitting a claim stipulated in clause 3.6 of the user agreement has passed since the customer's last transaction.
7.4. If the customer has not used their user account for five years, Alligatordeals will issue a warning to the customer to delete the user account. If the customer does not respond to this, the customer relationship is terminated, and Alligatordeals.com will delete the customer's user account.
8. Resolution of complaints under the Online Intermediation Services Regulation
8.1. The customer has the right to submit complaints to Alligatordeals.com's internal complaint handling system (hereinafter referred to as the "System") for free processing by Alligatordeals.com.
8.2. The system allows the customer to submit complaints on the following issues:
8.2.1. Alligatordeals.com has allegedly failed to comply with any statutory duty affecting the complaining customer;
8.2.2. Technological problems in the Alligatordeals.com service that are directly related to the provision of online mediation services and that affect the complainant;
8.2.3. Actions taken or conducted by Alligatordeals.com that are directly related to the provision of online intermediation services affect the complainant.
8.3. Complaints based on this chapter must be sent to Alligatordeals.com by email at klienditugi(ät)alligatordeals.com.
9. Final provisions
9.1. Legal acts in the Republic of Estonia apply to legal relations between the customer and Alligatordeals.com arising from the user agreement.
9.2. Disputes arising from the use of the website will be resolved by the customer and Alligatordeals.com through negotiations. In case of failure to reach an agreement, the customer may refer to the Consumer Disputes Committee, ODR environment at
http://ec.europa.eu/odr
or the Harju County Court under the conditions and according to the procedure stipulated in the current legislation (unless the consumer has the right to refer to the court of their place of residence).