Terms of Use and Privacy Policy
01.General information about the website
This website is owned by ARForest limited liability company for forestry and hunting, headquartered in Trojstveni Markovac (City of Bjelovar), Trojstvena 94, registered in the court register of the Commercial Court in Bjelovar under registration number MBS: 010126554, OIB: 30680039126.
Among its other activities, the company is engaged in mediation in the sale of timber and wood mass, and it will carry out such mediation also via this website, in such a way that online auctions for the sale of timber and wood mass will be held on the site, all in accordance with these terms of use and the privacy policy (hereinafter: the Terms) and other rules and applicable regulations. In this sense, the company shall be the organizer of the online auctions (hereinafter: the Organizer).
The Act on Trade, the Electronic Commerce Act, the Obligations Act, and other applicable regulations in the Republic of Croatia shall apply to these terms of use and to business conducted on this website.
By using this website to purchase products, you are deemed to have fully read, understood and accepted the rights and obligations arising from these Terms of Use. By using this website, you agree to comply with these Terms of Use and consent to their full applicability to you.
These terms of use are published in Croatian and English.
All users of the website may request support regarding the use of the website in the following ways:
- Contact by address: ARForest d.o.o., Trojstveni Markovac, Trojstvena 94
- Email address: info@etimbersale.com
- Telephone number +385 91 615 5876 or +385 98 428 010 from 8:00 to 14:00 every working day.
02.Auction participants – legal entities
Only trade in timber between legal entities, both buyers and sellers, shall be conducted on this website. Natural persons are not entitled to participate in the auctions on this website, either as buyers or as sellers.
03.Acceptance of the Terms of Use and registration of participants on the website
Every auction participant who wishes to participate in auctions as a buyer must register on the website by completing the data under "Registration". By registering on the website, the buyer is deemed to have agreed to and read the Terms of Use of the website. After completing the data, each potential buyer will receive from the Organizer a link to a PDF form which must be completed, signed and returned by email to info@etimbersale.com in order to confirm the legal-entity status of the registered buyer, after which the Organizer will send a password enabling access to the online auctions in the system.
Every buyer may log out at any time and log back in.
Every participant who wishes to participate as a seller must send their details and information about the item for sale to info@etimbersale.com. After that, the seller will receive from the Organizer a contract determining all conditions of use of the website and the fees for the seller, the signature of which shall constitute acceptance of these Terms.
The Organizer may amend these Terms at any time, but undertakes to always keep the valid Terms on the website, as well as, where appropriate, previous versions of the Terms indicating the entry into force and duration of each version, so that participants can at any time obtain insight into the Terms that were in force at the time of their participation in the auction. The Organizer undertakes to send to any participant, upon request, the General Terms valid at the time the participant took part in a particular auction, and in particular undertakes to provide the Terms in PDF at the time the payment request is sent to the auction winner.
04.Collection and protection of personal data, cookies
As the data controller, the auction Organizer undertakes to protect personal data in an appropriate manner, respecting all provisions of EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter: the Regulation), the Act on the Implementation of the General Data Protection Regulation (OG 42/2018) and other regulations governing the relevant area applicable in the Republic of Croatia. Each user of the website and auction participant is responsible for the accuracy of all data provided during the registration, viewing or online auction process on this website.
There shall be no public disclosure of personal data or any data of online auction buyers on this website.
Data on the seller as a legal entity (and as a natural person if it is a craft and the owner of the craft), the seller's contact details (name and surname, contact telephone, address, email address), and a description and the location of the auction items shall be published on the website for the entire duration of the online auction, during which period the timber and wood mass may be inspected at the location determined by the seller.
On this website you primarily provide the data of a legal entity (unless you are a sole trader, in which case you also provide personal data), but the provision of certain personal data is always necessary in order to communicate more easily and to conclude the sale between the buyer and the seller.
Buyers
Upon your first registration on the website as a buyer, you enter only a contact email address and a temporary password. You will receive a link to the registration form at the entered contact email, which will also be used for further communication.
On the registration form, in addition to the data on the legal entity, you will provide us with the name and surname of the authorized representative, the contact person for communication, and a telephone number for communication and the execution of the sale.
After this, you will receive approval to participate, i.e. an automated email with a new (real) password.
If you purchase a particular auction item at the auction, your data and the form are forwarded to the seller for the purpose of issuing an invoice and possible contact relating exclusively to the performance of the concluded sales contract.
When you purchase and/or participate in an auction on this website, we process the personal data you entered in the registration form in order to identify you as the Buyer, to conclude and perform a one-off distance sales contract, to provide data to the seller so that they can subsequently contact you, issue you a valid invoice, and to arrange the subsequent collection of the auction item. The legal basis for data collection is the performance of the sales contract in which the buyer is a party. Processing is also necessary in order to comply with the legal obligations of the data controller (for example, email is also necessary to fulfil the obligation to send confirmation of the concluded contract).
Sellers
In their dealings with the Organizer as data controller, sellers shall also provide the data controller with a registration form containing the same data as the form for buyers, for the purpose of contact and the conclusion of a fee agreement with the data controller.
The data controller shall keep data on buyers and sellers who participated in an online auction and/or merely registered with the intention to participate for a maximum of 5 years from the date of registration. The data controller shall keep data on buyers and sellers who realized a product sale at an online auction for 10 years, or longer if certain accounting and other regulations require longer retention.
When you visit our website, we collect cookies (small files stored on your computer when accessing websites in order to enable the basic or additional functionality of those websites) and other technologies that facilitate the delivery of content according to your areas of interest, the processing of purchases, the analysis of the characteristics of your visits, etc. Cookies cannot be used to reveal your personal identity. You can always delete the cookies stored on your computer, thereby disabling further processing of your personal data through such technology. Every web browser has its own procedure for deleting cookies.
Another basis for the collection of personal data is the consent of website users who have registered in the prescribed manner for the Organizer to periodically send them notices regarding upcoming auctions. Consent is given by express assent during registration/acceptance of these General Terms and the privacy policy prior to registration itself. The Organizer also has a legitimate interest in sending such notices to all users, and each user may request that the Organizer remove them from the mailing list for such notices, upon receipt of each such notice or irrespective of any notice, at the email address: info@etimbersale.com. The period for processing and storing personal data for the purpose of sending notices is identical to the retention periods already mentioned for data in general (5 or 10 years). You may withdraw your consent at any time and free of charge by email to: info@etimbersale.com. The withdrawal of consent does not affect the lawfulness of processing based on consent before it was withdrawn.
Regardless of the basis for data collection, all users of our websites may, free of charge, exercise the following rights within the limits prescribed by the Regulation:
- Right to be informed
- Right to erasure ("right to be forgotten")
- Right of access to data
- Right to rectification
- Right to data portability
- Right to object: where the data controller processes data based on its legitimate interests which outweigh the interests of the data subject
- Right to restriction of processing
In any case, you also have the right to:
- lodge a complaint with the Organizer,
- lodge a complaint with the supervisory authority (Personal Data Protection Agency) if you believe your data protection rights have been violated.
You may contact the data controller at any time by email: info@etimbersale.com or by post to ARForest d.o.o., Trojstvena 94, 43000 Bjelovar, regarding questions related to the protection of personal data and the exercise of your rights.
05.Auction and conduct of the auction
Auctions on this website are held exclusively online, in a virtual space, and participation in auctions is enabled only for registered users who have previously accepted these Terms of Use.
Each auction has its own start time and end time. The seller determines the starting price of the timber or wood mass. The price at the auction rises in accordance with defined increments (the minimum bid increase amount). A bid is binding and cannot be withdrawn once placed. The participant with the highest bid at the moment the auction expires is deemed the auction winner.
The Organizer applies a mechanism against "sniper" bidding (anti-sniping): if a bid is placed in the last 15 seconds before the auction expires, the auction end time is automatically extended by 15 seconds, or by 5 seconds if the bid is placed 15 to 30 seconds before expiry, in order to ensure fair and transparent bidding for all participants.
The Organizer reserves the right to cancel, postpone or interrupt an auction in the event of technical difficulties, force majeure or other justified reasons, and shall promptly inform the participants thereof.
06.Sales contract and payment
After the end of the auction, the auction winner and the seller conclude a distance sales contract. The Organizer sends the auction winner a payment request and forwards the data to the seller for the purpose of issuing an invoice and arranging the collection of the auction item.
Payment is made directly between the buyer and the seller, in accordance with the conditions defined by the contract. The Organizer does not participate in the payment itself, nor does it assume responsibility for the non-performance of obligations between the buyer and the seller; it solely mediates in the conclusion of the contract.
07.Compensation to the Organizer
The Organizer is entitled to compensation for mediation in the conclusion of sales contracts, under the conditions agreed with the seller in a separate contract. The amount of the compensation is not borne by the buyer.
08.Liability and limitation of liability
The Organizer endeavours to ensure the accuracy and up-to-dateness of all data published on the website, but does not assume responsibility for possible errors, inaccuracies or interruptions in the operation of the website. The Organizer is not liable for any damage that may arise from the use of the website, nor for damage arising from the inability to use the website.
The Organizer is not responsible for the quality, quantity, condition or fitness of the timber and wood mass that is the subject of the auction, since the timber and wood mass may be inspected at the location before the auction itself. Responsibility for the auction item is borne exclusively by the seller.
09.Copyright and intellectual property
The content of this website (texts, images, logos, design) is protected by copyright and other intellectual property rights. The content may not be reproduced, distributed or used for commercial purposes without the prior written consent of the Organizer.
10.Data transmission and dropping of bids (FORCE MAJEURE)
The Organizer shall not be liable for any damage incurred if the non-performance of obligations occurs due to circumstances beyond its control (force majeure, natural disasters, interruptions in telecommunications networks, technical failures, etc.).
11.Temporary or permanent exclusion of users
The Organizer reserves the right to temporarily or permanently exclude from the website and prohibit further participation in auctions any user who violates these Terms of Use, provides inaccurate data, attempts to manipulate the auction, or in any way harms other participants or the Organizer.
12.Amendments to the Terms
The Organizer reserves the right to amend and supplement these Terms at any time. The amended Terms shall enter into force upon publication on the website. Users undertake to regularly check the current version of the Terms.
13.Applicable law and jurisdiction
The law of the Republic of Croatia shall apply to these Terms of Use. In the event of a dispute, the Commercial Court in Bjelovar shall have local jurisdiction.
14.Final provisions
These Terms of Use and privacy policy enter into force on the date of publication on the website. Any questions regarding these Terms may be sent to the email address info@etimbersale.com.