The company Paleto s.r.o., ID number: 17938635, with registered office at Hradecká 1172/3, 500 03 Hradec Králové, registered in the commercial register C 50607 maintained at the Regional Court in Hradec Králové, (hereinafter referred to as "Operator“) platform – an online auction system accessible from the website www.paleto.eu (hereinafter "Platform").

1. INTRODUCTORY PROVISIONS

1.1. Through the Platform, the Operator organizes online auctions, in the framework of which on behalf of Platform users who are interested in selling used movable property (hereinafter referred to as "Goods"And"The seller"), offers Goods for purchase to other users of the Platform (hereinafter referred to as "User"). The purpose of holding online auctions is to facilitate the opportunity to conclude a purchase contract between the Seller and the User (hereinafter referred to as "Purchase contract").

1.2. These terms and conditions (hereinafter referred to as "Terms and conditions") regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as "Civil Code") mutual rights and obligations of the Operator and Users (natural and legal persons) who have registered to the Platform in accordance with Article 2 of these Terms and Conditions, arising in connection with or on the basis of the contract concluded between the Operator and the User (hereinafter referred to as "Contract"), on the basis of which the Operator allows Users to use the services of the Platform.

1.3. The terms and conditions apply both to cases where the Platform User is a natural person who, when concluding a contract, acts outside the scope of his business activity or the scope of the independent exercise of his profession (hereinafter referred to as "Consumer"), as well as in cases where the User of the Platform is a person who, when concluding the Agreement, acts as part of his business activity or as part of his independent professional performance (hereinafter referred to as "Businessman").

1.4. Provisions deviating from the Terms and Conditions can only be negotiated in writing. Such deviating arrangements are part of the Agreement and take precedence over the provisions of these Terms and Conditions. The provisions of the Terms and Conditions are an integral part of the Agreement from the moment of its conclusion.

1.5. These Terms and Conditions and all legal relationships arising from them, including the Agreement, are governed by the legal order of the Czech Republic.

2. REGISTRATION AND USER ACCOUNT

2.1. A user may only be a person who resides or has a registered office in the territory of the European Union.

2.2. The Agreement is concluded based on the User's registration in accordance with this Article 2 of the Terms and Conditions (hereinafter referred to as "Registration").

2.3. The User shall perform the Registration through the dedicated electronic form available within the Platform. For this purpose, he is obliged to fill in all the data required by the electronic form as mandatory. The user is obliged to provide only correct, complete and up-to-date data.

2.4. A natural person can register independently if he/she has reached the age of 18 on the day of completion of registration and is fully autonomous. A natural person registering as a legal entity must be authorized to act on behalf of a legal entity, in particular they must be fully independent and authorized to register and conclude Contracts on behalf of the User (hereinafter referred to as "Authorized person"). By sending the completed registration form, the Authorized Person confirms that he has all the necessary authorizations and authorizations to act in this way on behalf of the User. The authorized person is not a contractual party to the Agreement, it is always only the User.

2.5. By submitting the registration form, the User confirms that he has familiarized himself with these Terms and Conditions and that he agrees with their wording. The User also confirms that he is aware of the Information on the processing of personal data available for viewing, among other things, within the Platform.

2.6. After sending the registration form to the Operator, the User - a legal entity is obliged to verify his e-mail address and telephone number, according to the Operator's instructions. Once the User's e-mail address and phone number are verified, the Registration will be completed and the Agreement will be concluded.

2.7. In the case of Users - natural persons, the condition for completing the Registration and concluding the Agreement (in addition to the conditions specified in paragraph 2.6 of these Terms and Conditions) is also the verification of the bank account, namely by making a verification payment. The User shall make a verification payment in the amount of CZK 1 (one Czech crown) by wire transfer from the bank account held in the name of the User entered in the Registration process, in accordance with the Operator's instructions. Once the User's e-mail address, phone number and bank account are verified, the Registration will be completed and the Agreement will be concluded. The Operator will immediately return the received verification payment to the User.

2.8. Based on the conclusion of the Agreement, a user account is automatically created for the User (hereinafter referred to as "User account").

2.9. The user account always belongs to one User. A User may only have one User Account at a time.

2.10. The User is responsible for the correctness and truthfulness of all data provided in the User Account. In case of any change, the User is obliged to update the data without undue delay. The Operator is not responsible for any damage caused as a result of the User's breach of obligations under this paragraph.

2.11. To access the User account, the User's login information must be entered correctly. The User is obliged to properly protect his login data and prevent any third party from accessing the access data or the User Account (third parties are not Authorized Persons). In case of suspicion of disclosure of access data or their misuse, the User must change his access data without undue delay and inform the Operator of this suspicion.

2.12. The User is not authorized to allow any third party to use his User Account. The User is responsible for the activity taking place within his User Account, regardless of whether it is carried out by the User, an Authorized Person, another person authorized by the User or another third party.

2.13. The Operator is not responsible for damage that occurs as a result of unauthorized access to the User's account by a third party as a result of non-compliance with the User's obligations arising from these Terms and Conditions.

2.14. The User is entitled to cancel his User Account at any time and thereby terminate the Registration through the Platform interface. This does not affect any concluded Purchase Agreements between the Seller and the User.

2.15. The Operator may cancel the User's User Account at any time and thereby terminate the Registration, especially in the event that the User does not pay the purchase price in accordance with the Purchase Agreement, also when the User does not use his User Account for more than 1 (one) year, in the event that the User violates other obligations arising from these Terms and Conditions, or in other cases at the discretion of the Operator. The Operator will notify the User of the cancellation of the User Account by e-mail. Users whose User Account has been canceled by the Operator may no longer enter into Purchase Agreements and use other services offered by the Platform.

3. PROCESS OF THE AUCTION

3.1. Through the Platform, the Operator makes an offer to purchase the Goods on behalf of the Seller in the online auction (hereinafter referred to as "Proposal"), in such a way that the Offer for a period determined in advance by the Platform Operator (hereinafter referred to as "Duration of the Offer”) exhibits within the Platform. The specific Offer Duration is specified for the specific Offer within the Platform.

3.2. Information about which Goods are part of a specific Offer, information about the Seller and possible shipping costs are given with the given Offer together with an illustrative photo.

3.3. A User who is interested in purchasing the Goods offered by the Operator as part of the Offer (i.e. concluding a Purchase Agreement, the subject of which is the Goods offered by the Operator as part of the Offer), will offer during the Offer Period the highest price at which he is willing to buy the Goods, in the form of so-called bids (hereinafter referred to as "Bid"). The minimum value of the Bid is determined by the Operator. Once the Bid has been made, it is not possible to cancel the Bid. By placing a Bid, the User agrees to the terms and conditions governing the rights and obligations between Users (or between the User who placed the bid and the Seller) arising in connection with the sale of Goods that are available within the Platform for a specific Offer.

3.4. By placing a Bid, the User irrevocably agrees that, in the event of winning the Bid, a Purchase Agreement will be concluded between the User and the Seller.

3.5. The Offer ends when the Offer Duration expires, unless otherwise stated in the Offer, each Bid placed in the last seconds before the Offer Duration expires will extend the Offer Duration by 180 seconds.

3.6. The User who offered the highest purchase price for the Goods at the time of expiry of the Offer Duration in the form of a Bid becomes the winner of the Offer (hereinafter referred to as "Winner"). The Winner will be informed in writing about the win and the conclusion of the Purchase Agreement to the e-mail address specified in the User Account by the Operator.

3.7. The User acknowledges and agrees that the purchase price for the Goods, which is the subject of the Purchase Agreement concluded between the Seller and the Winner at the time in accordance with the first sentence of paragraph 3.6 of these Terms and Conditions, will be set as the highest purchase price proposed as part of the Offer in the form of Bids (hereinafter just "Purchase price"). The purchase price is stated without VAT. Terms of payment of the purchase price, costs of delivery of the Goods and other rights and obligations arising in connection with the sale of the Goods between the Seller and the User are governed by the relevant terms and conditions available for the respective Offer and the Purchase Agreement.

4. USER ACCOUNT SUSPENSION

4.1. The Operator is entitled to temporarily suspend the User Account in the event of non-payment of the Purchase Price in accordance with the Purchase Agreement by the Winner. The Operator is entitled to temporarily suspend the User's account also in case of suspicion of violation of the Agreement by the User, for the time necessary to verify or refute the suspicion. The Operator will notify the User of the suspension of the User Account and the reason for it by e-mail indicated in the User Account. The User has no claims against the Operator in connection with the suspension of the User Account.

5. PROTECTION OF PERSONAL DATA

5.1. The User was informed about the processing of personal data by the Operator, through an information document issued by the Operator, which is, among other things, available within the Platform. 

6. USE AND OPERATION OF THE PLATFORM

6.1. The platform, including its content and the software ensuring its operation, are intangible assets protected by law, primarily as copyrighted works within the meaning of Act No. 121/2000 Coll., on copyright, on rights related to copyright and on the amendment of certain laws (Copyright Act) , as amended, or as other intangible assets protected by law.

6.2. The User shall use the Platform and other protected assets contained therein only for the time, for the purposes, to the extent and in the manner necessary for the use of the Platform and in accordance with these Terms and Conditions (i.e. in particular for Registration, use of the User Account and making Bids within the Offers according to the Terms and Conditions). The User is not entitled to use the Platform or its content especially for other purposes (either for his own benefit or for the benefit of a third party). The User may not interfere in any way with the Platform or its content, modify it, decompile it, combine it with another work or include it in a collective work.

6.3. The Operator makes reasonable efforts to make the Platform available and functional. However, the User acknowledges that the Platform may not be available continuously, especially with regard to the necessary maintenance of the Operator's hardware and software equipment, or third parties. In the event of unavailability or non-functionality of the Platform, the operator shall not have any claims for defective performance or compensation for damages.

7. USER AND PROPRIETARY RIGHTS TO USER CONTENT

7.1. If the User uploads any protected intangible asset to the Platform (in particular as a copyrighted work or other asset protected by intellectual property rights) (hereinafter referred to as "User Content"), by uploading the User Content, the User grants the Operator a non-exclusive license to use the User Content, for the entire duration of the rights to the intangible asset, worldwide and for the purposes of fulfilling the Agreement (display in the Platform and ensuring the operation of the Platform and its individual functions, to promote the Platform) for use in the scope and manner necessary for this. The operator is authorized to grant a sub-license to a third party. The user hereby simultaneously grants consent to the transfer of the license to a third party. The User provides the license to the User Content free of charge and is not entitled to any remuneration in connection with its provision or use of the User Content by the Operator. The Operator and the User exclude the right to any additional remuneration for the provision of a license to the User's Content, unless this cannot be excluded by agreement of the parties. If it is necessary to fulfill the Agreement, the Operator is entitled to publish, change, process the User Content, combine it with other parts or include it in a collective work, or complete the unfinished User Content.

8. LIABILITY, DAMAGES

8.1. The Operator is not responsible for defects in the Seller's Goods or for any damage (property or non-property) caused by the Seller to the User on the basis of the Purchase Agreement. Only the Seller is responsible for such defects and/or damage.

8.2. The Operator and the User agree that the Operator will compensate the User, who is an Entrepreneur, only for damage caused by the Operator's gross negligence or intent, or such damage for which the right to compensation cannot be validly waived.

9. CONSUMER DISPUTE RESOLUTION

9.1. In the event that a consumer dispute arising from the Contract arises between the User, who is a Consumer, and the Operator, which cannot be resolved by mutual agreement, the User - Consumer may submit a proposal for an out-of-court settlement of such a dispute to the designated entity for the out-of-court settlement of consumer disputes, which is: Czech Trade Inspection, Central Inspectorate – ADR Department, address: Štěpánská 15 120 00 Prague 2, website: www.coi.cz

9.2. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can also be used for out-of-court dispute resolution. Contact point according to Regulation (EU) No. 524/2013 of the European Parliament and Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on resolution of consumer disputes online) is the European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz.

10. SUPPORT

10.1. The User may contact the Operator in order to solve the functionality of the Platform, especially in cases where the Platform or its sub-functions are not functional or unavailable. To contact the Operator in these cases, use:

10.2. The Operator will inform the User about the result of the solution to his request in the way that the User used to contact him.

11. MUTUAL COMMUNICATION

11.1. All notifications between the Operator and the User that relate to these Terms and Conditions, the Agreement or Registration, or to be made on their basis must be made in writing and delivered to the other party. The written form requirement is also met if the notice is sent electronically as an attachment to an e-mail message in PDF format via the following contacts:

  • Operator contact details: e-mail: info@paleto.eu, address: seat of the Operator;
  • the User's contact email listed in the User Account.

The Operator and the User undertake that in the event of a change in contact information, they will inform the other party of this change (i.e. update their information in the User Account) within 3 (three) working days at the latest.

12. COMMON AND FINAL PROVISIONS

12.1. The user bears all the costs of the means of distance communication that he incurs during the conclusion and performance of the Agreement.

12.2. The operator is entitled to supplement or change these Terms and Conditions at any time. This addition and/or change will be published within the Platform and information about this addition and/or change will also be sent to each User to their contact email listed in the User Account. As of the effective date of the new version of the Terms and Conditions, the previous version of the Terms and Conditions ceases to be effective. If the User does not agree with the changes, he has the right to terminate the Agreement as of the effective date of the new version of the Terms and Conditions.

12.3. The contract can be concluded in the Czech language. The concluded Contracts are archived by the Operator in electronic form. The user is provided with an e-mail confirmation of the conclusion of the Agreement according to these Terms and Conditions.

12.4. If any provision of these Terms and Conditions is invalid or unenforceable, such fact does not affect the validity or enforceability of the other provisions of the Terms and Conditions.

12.5. The Contracting Parties are not entitled to transfer or otherwise encumber their claims against the other Contracting Party without the prior written consent of the other Contracting Party.

12.6. Both Contracting Parties assume the risk of a change in circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.

12.7. The contracting parties exclude the use of the provisions of § 557 of the Civil Code.

12.8. These Terms and Conditions as well as all legal relationships arising on their basis are governed by the legal order of the Czech Republic.

12.9. This version of the Terms and Conditions takes effect on January 17.01.2023, XNUMX.