TERMS & CONDITIONS FOR USE AND SALE

Lib OÜ (reg. code: 12450790, address: Peterburi tee 16-54 , Tallinn 11411)

The following Terms & Conditions for Use and Sale (hereinafter: Terms & Conditions) apply to the legal relationship between all registered users (hereinafter: the Seller) of the website www.libplanet.com and Lib OÜ (hereinafter: LibPlanet) (reg. code: 12450790, address: Peterburi tee 16-54, Tallinn, 11411) that stem from the use of the services offered through the website (hereinafter: E-Shop).

In addition to the following Terms & Conditions the relations between the Seller and LibPlanet are also regulated by the legal acts applicable in the Republic of Estonia, the price list for the E-Shop services (hereinafter: Price List) and established good practices. In case one of the Terms & Conditions provisions becomes invalid due to its contradiction with a statutory provision in effect, it does not affect the validity of other provisions.

By registering as the Seller of the E-Shop the user confirms that they familiarized themselves with the following Terms & Conditions, accept them and promise to adhere to them in the following:

1. The Rules of Using the E-Shop

1.1. LibPlanet provides the Sellers with a virtual environment, i.e. the E-Shop, where the Sellers can offer services in sale and/or rent of books and other merchandise (hereinafter: Merchandise) and also use other services offered in the E-Shop (hereinafter: Services).

1.2. In order to use the E-Shop Services the Seller must register as a user at www.libplanet.com

1.3. In order to register the user has to fill in all sections of the form.

1.4. After the registration LibPlanet confirms the user's account and sends the Seller a letter with instructions for activating the user account to the e-mail address specified in the course of registration. LibPlanet reserves the right to refuse confirmation of a user account.

1.5. After the activation of their user account the Seller can log in to the E-Shop by using the login and password specified in the course of registration and offer Merchandise for sale and/or rent.

1.6. The Seller adds Merchandise for sale and/or rent, determines the price, quantity and other Merchandise characteristics. They also update the Merchandise availability status at least every 3 days in case the Merchandise availability changes.

1.7. The Seller is responsible for the credibility and/or legitimacy of the information published in the E-Shop as well as for the quality and quantity of the Merchandise/Services for sale and rent. LibPlanet is not to be held responsible for the credibility and/or legitimacy of the information published in the E-Shop, quality and quantity of Merchandise/Services for sale and rent as well as for the improper or illegal behaviour of the Seller.

1.8. The cost of the Merchandise displayed to the clients of the E-Shop (hereinafter: the Client) contains the mediation fee, which is determined by LibPlanet, and to which the Merchandise delivery fee is added in accordance with the delivery method chosen by the Client.

1.9. LibPlanet informs the Seller about an order made by the Client (hereinafter: the Order) via e-mail.

1.10. All correspondence between the Seller and LibPlanet is carried out through electronic contact information established in Terms & Conditions or in the E-Shop unless stated otherwise in Terms & Conditions.

1.11. The copyright for the E-Shop and all its content belongs to LibPlanet. By publishing copyright products concerning items/services on the web-page the Seller gratuitously passes the copyright applicable to these products to LibPlanet. LibPlanet has exclusive rights to use the products published by the Seller in any form, to allow or refuse their usage including the right to distribute, translate, and adapt them, add them to collections or databases, or make them available for public access.

2. The Delivery of Merchandise

2.1. The Seller is obligated to pack and send the Merchandise ordered by the Client within 3 calendar days after the order is placed. The Seller sends the ordered Merchandise to the Client in accordance with the method of delivery chosen during the order placement.

2.2. In case the Merchandise is unavailable at the moment the order is received, the Seller is obligated to notify LibPlanet of this via phone or e-mail within 1 calendar day after the order from the Client is received.

2.3. In case the Seller is unable to send the ordered Merchandise within 3 calendar days, they are obligated to notify LibPlanet of this via phone or e-mail within 1 calendar day after the Client buys the item.

3. The Accounting Rules

3.1. All profits from selling the Merchandise to the Client are transferred to the Seller's bank account once a month, after the Client pays and the Merchandise is delivered to the Client, based on the electronic recapitulative account provided by the Seller. With individual person Sellers the non-cash payment is done according to agreement based on the recapitulative account provided by LibPlanet and, generally, once a month.

3.2. LibPlanet has the right to demand payment for the use of a Service by the Seller according to the Price List. The payment for the Service use is automatically deducted from the price determined for the Merchandise.

3.3. In case the delivery of Merchandise from the Seller's side is conducted through the delivery account of LibPlanet, all transportation expenses are covered by LibPlanet and there is no non-cash payment for the transportation costs with the Seller. In all other cases the Seller pays all transportation costs and LibPlanet covers these expenses based on a recapitulative account or general report together with the profit from selling the Merchandise.

3.4. When using the delivery account of LibPlanet the Seller is obligated to use it only for delivery of the orders made through the LibPlanet E-Shop. The Seller is forbidden from giving the account information to third party and from abusing it.

4. Rights and Obligations of the Seller

4.1. The Seller is obligated:

4.1.1. to provide fully true personal data in the course of registering as an E-Shop Seller, including registering under their true and full name as well as using an active e-mail address;

4.1.2. not to use the E-Shop for illegal transactions and fraud;

4.1.3. when using the E-Shop to provide fully true information, including accurate information on the items/services for sale and/or rent (i.e. information that adequately reflects the condition of the respective item/service);

4.1.4. when offering an item/service for sale and/or rent to make sure the price and other information represent actual and economically sound content and value of the item/service;

4.1.5. to ensure that any and all data given by the Seller in the process of using the E-Shop (including e-data, i.e. fails, programmes, e-mail messages, etc., hereinafter: Seller Data):

4.1.5.1. are not erroneous, inaccurate and/or false;

4.1.5.2. do not contain offers of sale and/or rent for the items/services that are forbidden or restricted under civil circulation;

4.1.5.3. do not violate material and non-material (incl. intellectual property) rights of a third party;

4.1.5.4. do not contradict the laws and other legal acts (incl. legal acts that regulate protection of consumer rights, competition and import/export of items/services);

4.1.5.5. do not contradict the existing good practices;

4.1.5.6. do not contain viruses and other computer programmes or fails that hamper, damage or in any other way interfere with the normal use of the E-Shop and/or that can be saved in the Client's computer as a result of using the E-Shop and/or hamper, damage or in any other way interfere with its normal operation;

4.1.5.7. do not contain information on an item/service that already has a sale and/or rent offer on any other web-page analogous to the LibPlanet E-Shop.

4.1.6. not to create an E-Shop Client database/list for any reason;

4.1.7. not to demand anything of LibPlanet with the exception of demands issued from Terms & Conditions;

4.1.8. to keep the login and password specified for the use of the E-Shop out of reach for third party with the exception of the situation when the Seller has authorized the said party to represent them while using the Services.

4.1.9. to notify LibPlanet immediately via e-mail of all data and circumstances that have changed as compared with the ones given in the course of registration as an E-Shop user;

4.1.10. to notify LibPlanet immediately when the login and password specified for the use of the E-Shop are lost or have fallen into the hands of a third party;

4.1.11. not to publish their personal contact data in the Merchandise description or when answering questions with the exception of cases when the Client wants to familiarize themselves with the item/service offered.

4.2. With every transaction the Seller confirms that they:

4.2.1. are a competent and legally capable person who has the right to make transactions enabled in the E-Shop;

4.2.2. meet their obligation prescribed in clauses 4.1.1 – 4.1.11 of Terms & Conditions in accordance with demands;

4.2.3. are aware that the Sellers are fully responsible for condition and delivery of the Merchandise for sale and/or rent;

4.2.4. are aware that by making offers of sale or rent they are obligated to sell or rent as well as that by breach of obligation the Seller is fully responsible for any and all damage caused by it;

4.2.5. are aware that the Seller is responsible for declaring and paying all taxes (incl. income, turnover and social security taxes) from all transactions stemming from the use of all Services;

4.2.6. are aware that by agreeing to Terms & Conditions the Seller's and LibPlant's wills are not directed at creating any other legal relationship apart from the one that is explicitly stated in Terms & Conditions;

4.2.7. know that in the situation when their login and password specified for using the E-Shop fall into the hands of a third party this third party can take upon themselves all obligations binding the Seller for fulfilment of which the Seller is held responsible, and also that LibPlanet is not obligated to verify the user's identity additionally (i.e. except login and password).

4.2.8. are aware and agree that LibPlanet has the right to handle all Seller's personal data in accordance with clause 6 of Terms & Conditions and the legal acts that are in force in Estonia.

4.3. In addition to the stated in clauses 4.2.1 – 4.2.8 of Terms & Conditions any Seller between 7 and 18 years old with every transaction made confirms that they:

4.3.1. make offers of sale and rent in the E-Shop by means they have received for this purpose or for unrestricted use from their legal representative (e.g. parent) or from a third party with the approval of the latter.

4.3.2. when making an offer of sale and/or rent have the consent of their legal representative to make any and all transactions stemming from the offer and to assume all obligations connected to it.

4.3.3. understand fully and without any difficulty all clauses contained in Terms & Conditions and are fully aware that the use of the E-Shop is accompanied by legally binding obligations to sell or rent offered items/services.

5. Rights and Obligations of LibPlanet

5.1. LibPlanet has the right at liberty to restrict or deprive the Seller of the right to use the E-Shop, as well as change the information published in the LibPlanet E-Shop by the Seller or the Seller's user account and also not to allow the Seller to register as a user again if the Seller:

5.1.1. violates Terms & Conditions or the Seller's obligations stemming from Terms & Conditions;

5.1.2. has given false, erroneous and/or inaccurate information in the course of registering as an E-Shop user or while using the E-Shop;

5.1.3. deliberately and intentionally spreads false information in the LibPlanet E-Shop, insults other users in any way or behaves inappropriately.

5.2. LibPlanet has the right at any time to monitor any activity in the E-Shop, incl. monitoring the offers of sale and rent that are made by the E-Shop users. LibPlanet may conduct investigations into any and all claimed breaches of Terms & Conditions using all legal methods at their disposal.

5.3. LibPlanet has the right at any time to delete offers of sale or rent made in the E-Shop if these offers contradict with Terms & Conditions, good practices or legal acts in force.

5.4. LibPlanet has the right at any time to rearrange any information concerned with the offers of sale and rent made by the E-Shop users in order to improve use of the E-Shop without changing the content of these offers.

5.5. If the Seller has received two negative comments from a Client, LibPlanet has the right to block the function of making offers in the Seller's account. If the Seller receives the third negative comment from another Client, LibPlanet will close the Seller's account for 6 months. Closing of an account is done automatically. The Seller has the right to appeal against this decision by sending a letter of relevant content to the e-mail address: info(at)libplanet.com. LibPlanet's decision is final.

5.6. In case the Seller violates the obligations established in clauses 4.1.1 – 4.1.11, LibPlanet has the right to demand a monetary penalty from the Seller, the amount of which makes 20% of the Merchandise final price, the least allowable – 5 EUR. In addition, the Seller is obligated to provide the Client with reimbursement for the Services ordered from LibPlanet.

5.7. LibPlanet has the right to send the Seller personal commercial messages and other offers. The Seller has the right to refuse these messages by notifying LibPlanet.

5.8. LibPlanet provides a deposition service for the Seller to perform the sales and their other obligations.

6. Handling of Personal Data

6.1. LibPlanet has the right to handle the data received from an individual Seller in the course of registration, requested when the Seller uses the E-Shop or collected in any other way during the use of the E-Shop (hereinafter: Personal Data) for purposes and in amount established in Terms & Conditions.

6.2. The Seller gives their consent that LibPlanet handles Personal Data for purposes and in amount established in Terms & Conditions. The Seller has the right to withdraw their consent at any time, to demand termination of data handling and deletion or closing of collected Personal Data, as well as closing of their user account. If the Seller withdraws their consent, this action does not have any retroactive effect.

6.3. LibPlanet collects and keeps Personal Data in electronic form by necessity taking excerpts from them in other forms.

6.4. LibPlanet uses Personal Data for rendering, development and personalization of the Services.

6.5. LibPlanet does not provide third party with Personal Data nor publishes them with the exception of the cases stated in Terms & Conditions.

6.6. LibPlanet has the right to use Personal Data personally and to share them with the third party chosen by LibPlanet in collaboration with them and for the purpose of guaranteeing quality and availability of the Services, and also for the purpose of expanding, improving and developing the Services in other ways.

7. Amendments in Terms & Conditions

7.1. LibPlanet has the right at any time and unilaterally to amend and supplement Terms & Conditions and the Price List based on the development of the E-Shop and the Services and in order to improve and make their use safer.

7.2. LibPlanet is under obligation to notify the Seller of any amendments and additions to Terms & Conditions and the Price List through the corresponding message published in the E-Shop.

7.3. Any and all amendments and additions to Terms & Conditions and the Price List are in effect from the moment of their publication in the E-Shop.

7.4. The Seller confirms their acceptance of the amendments and additions to Terms & Conditions and/or the Price List by using the Services after the respective amendment/addition is in effect.

8. Final Provisions

8.1. The legal relationship between the Seller and LibPlanet that stems from the use of the E-Shop is subject to the legal acts in force in the Republic of Estonia.

8.2. The Seller and LibPlanet will make every effort to settle a dispute arisen from the use of the E-Shop through negotiations. If an agreement is not reached, the dispute will be settled in the Harju district court.

8.3. Terms & Conditions are in effect from the moment they are accepted by the Seller and cover the whole period of the legal relationship between the Seller and LibPlanet established in Terms & Conditions. The Seller has the right to withdraw from Terms & Conditions within 14 days of accepting them as well as the right to refuse the legal relationship established by Terms & Conditions at any time after fulfilling all obligations they have towards LibPlanet and the Clients.


Lib OÜ