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MUUTTOMYYNTI.FI MARKETPLACE GENERAL TERMS AND CONDITIONS
1. APPLICATION OF TERMS AND CONDITIONS
These Muuttomyynti.fi marketplace general terms and conditions apply when Muuttomyynti Palvelut PK-Seutu, (business-ID 2766969-1) incorporated and existing under the laws of Finland, enables the sale of used products (“Product”) by the Product owners (“Seller”) to the users (“Buyer”) through an electronic website www.Muuttomyynti.fi (“Service”).
In order to buy Products, the Buyers shall register as users of the Service. The Buyer can be either a private individual or a trader. The Buyer, under the capacity of a private individual, acknowledges that his/her rights under the compelling consumer protection legislation are applicable to the Service and the purchase of Products under these terms and conditions only to the extent where the Seller of the Product is a trader. The compelling consumer protection legislation is not applicable to a Buyer acting under the capacity of a trader regardless whether the Seller is a private individual or a trader.
The Service works as a marketplace for the Products through which the Seller sells the Product to the Buyer in its own name and on its own behalf. The Seller can be either a trader or a private individual. The Seller acknowledges that while selling Products through the Service under the capacity of a trader in its own name and on its own behalf, the Seller is responsible according to the compelling consumer protection legislation in relation to the Buyer who acts under the capacity of a private individual.
Muuttomyynti will not store or otherwise hold Products sold through the Service and will not have any ownership of the Products, unless otherwise stated in these terms and conditions.
The General Terms and conditions of the Service as well as any other terms and conditions (together “Terms'') published on the Service's website apply to the use of the Service and the sale and purchase of the Products. Muuttomyynti has a unilateral right to change these Terms without notifying the Sellers and Buyers who are registered to or using the Service. The changes will take effect immediately upon posting through the Services, and any use of the Services after such revisions have been posted and any opt-in consent that all Sellers and Buyers may provide through the Services signifies their consent to the changes.
The Seller's name /username and Seller's legal status shall be visible to the Buyer on the sales announcement attached to a Product sold through the Service prior to the conclusion of the trade agreement.
2. USE OF THE SERVICE AND REGISTRATION
2.1 REGISTRATION AND REQUIRED INFORMATION
In order to sell or buy Products in the Service, the Seller and/or Buyer must register on the Service website by completing the registration form. To the extent we make such features available, you may also register to join Muuttomyynti or you may log into your Muuttomyynti account by using your third party social networking accounts, such as Facebook (each social networking account, a “Third Party Account). You may link your Muuttomyynti account with Third Party Accounts by either: (i) providing your Third Party Account login information to Muuttomyynti through the Services; or (ii) allowing Muuttomyynti to access your Third Party Account in accordance with the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Muuttomyynti and/or grant Muuttomyynti access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Muuttomyynti to pay any fees or making Muuttomyynti subject to any usage limitations imposed by such third party service providers. By granting Muuttomyynti access to any Third Party Accounts, you understand that Muuttomyynti will access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (''Third Party Account Content”) so that it is available on and through the Services via your Muuttomyynti account and your Muuttomyynti account profile page. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personal information that you post to your Third Party Accounts may be available on and through your Muuttomyynti account on the Services and may be visible to other Users. Unless otherwise specified in these Terms, all Third Party Account Content, if any, will be considered to be User Content for all purposes of these Terms. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Muuttomyynti makes no effort to review any Third Party Account Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Muuttomyynti is not responsible for any Third Party Account Content.
If you wish to disable a connection between your Muuttomyynti account and any of your Third Party Accounts, you may do so by accessing the “Dashboard” section of Muuttomyynti.fi.
The Seller and/or Buyer or any other party using the Service (“Service User”) shall always be responsible for the accuracy and completeness of the information they provide. By registering to the Service or by using the Service, the Service User accepts these Terms as a whole and undertakes to comply with them. If the Service User is a legal entity, the registration or provision of the required information in connection with the purchase shall be performed by an appropriate representative or authorised representative who has the right to represent the legal entity.
The user IDs and passwords provided during the registration are of personal nature. The Service User is responsible for all actions that are performed with his/her user IDs. The Service User may not disclose, transfer or lend user ID’s to third parties.
The Service User shall receive a limited, revocable and non-exclusive licence to use the Service in accordance with these Terms. The Service User shall have no right to record, publicly display, transmit, forward or use the content or any part thereof received by or through the Service, except to the extent permitted by these Terms and applicable intellectual property law.
Muuttomyynti is not responsible for the unauthorised use of user ID’s.
Muuttomyynti collects and processes the personal data of the Service Users who have registered or otherwise provided personal information in the Service in accordance with the privacy policy of the Service, applicable data protection legislation and the provisions of the relevant data protection authority. The processing of personal data regarding the Services is described in more detail in the privacy policy.
The Service uses cookies to enable the functioning of the Service. A cookie is a small text file sent by the Service to the Buyer's and/or Seller's web browser when the Buyer and/or the Seller visits the Service. The text file contains information that Muuttomyynti can, for example, apply to its services to better meet the needs of the Buyer and/or the Seller. Muuttomyynti may also use so-called web beacons - electronic images that allow websites to count the number of individual visitors on a site. Web beacon is also known as “tracking pixel” or tracer.
By continuing to use the service, the Buyer and/or the Seller or any other party using the Service consent to the use of these cookies.
2.2 USE OF THE SERVICE
The Service is provided “as is” and Muuttomyynti does not guarantee an uninterrupted availability of the Service. Muuttomyynti shall not be responsible for any indirect or direct damages that may occur if the Seller or the Buyer is temporarily, totally or partly unable to access the Service due to a technical problem or any other matter independent of Muuttomyynti, unless otherwise required by applicable compelling legislation. Muuttomyynti makes no express or implied warranties as to the functionality or features of the Service. Muuttomyynti reserves the right to update, renew, and temporarily or permanently discontinue providing the Service or any part thereof. Muuttomyynti has the right to exclude Sellers, Buyers and/or their accounts from the Service. The Buyer or the Seller, whose access to the Service has been denied or whose account has been locked, does not have the right to re-register or use the Service with another customer’s user ID.
The Service User receives and uses the Service at its own risk and is responsible for acquiring devices, connections and software, ensuring functionality and appropriate protection that is necessary for using the Service.
The Service may not be used for using, offering, informing or in other way distributing material or artwork that is protected by copyright, trademark or other similar intellectual property rights, or in any manner that is harmful or offensive to Muuttomyynti, any other Service User, or third parties.
2.3 PERMITTED PRODUCTS SOLD THROUGH THE SERVICE
Only authentic Products may be sold through the Service and the sale of illegal, prohibited or counterfeit goods is not permitted. In accordance with the Terms, the Seller is responsible for the costs and penalties arising from the sale or attempted sale of illegal, prohibited or counterfeit goods through the Service. Muuttomyynti will use its reasonable commercial efforts to monitor the Products for detecting illegal, prohibited or counterfeited goods.
Furthermore, cultural goods, under the Act on Restrictions on the Export of Cultural Objects (2016/933 including amendments), that are subject to authorization for export from Finland to other EU Member States and outside the Union, shall not be sold through the Service.
3. MUUTTOMYYNTI.FI MARKETPLACE TERMS OF SALE FOR THE SERVICE: SELL ON YOUR OWN
3.1 THE SCOPE OF THE SERVICE
As the Service provider, Muuttomyynti undertakes to enable the selling of Products by the Seller to the Buyer under relevant product categories and sales announcements published in the Service at a price determined by the Seller.
The Seller is responsible for drafting the Product sales announcement under the relevant product category and the accuracy and completeness of the information described therein.
The Seller acknowledges that only Products for which a product category can be found in the Service may be sold. Muuttomyynti reserves the right, in its sole discretion, to decide whether the Product is allowed to be sold through the Service.
Muuttomyynti shall have the right to advertise the Sellers Products in the Service in the way it chooses.
Seller grants Muuttomyynti a non-exclusive and royalty-free licence for an indefinite period of time for Product images included in sales announcement in the Service or Service related marketing, including without limitation to social media advertising. All intellectual property rights related to the images of the Products shall remain with the Seller.
The Seller assures in good faith that it has an unencumbered ownership of the Products sold through the Service and that the Products sold are authentic. If the Seller does not have an unencumbered ownership to the Product, the Seller shall prove by means of a written document his/her mandate to sell the Product and to receive a payment for it. Muuttomyynti reserves the right to remove the Product from the Service unilaterally and without any liability to the Seller in case of any doubts as to the authenticity, ownership or other relevant aspect affecting the situation under Muuttomyyntis’ consideration.
If Muuttomyynti unilaterally withhold to sell the Seller's Product through the Service for a reason attributable to the Seller or if the Buyer does not accept a Product that is not in compliance with these Terms, the Seller shall be responsible for all freight costs related to the return of the Product. If the Buyer has already made a payment for the Product under these circumstances, Muuttomyynti will refund the payment to the Buyer in accordance with the Terms.
Muuttomyynti shall in no circumstances be liable for any unlawful sale of the Product to a third party.
The Seller accepts and confirms that Products sold through the Service are sold in accordance with these Terms applied by Muuttomyynti.
3.2 PRODUCT PRICE, PAYMENT ACCOUNT AND SERVICE FEE
The Seller will announce the price of the Product as a part of the sales announcement. The price announced by the Seller does not include transport costs for the Product or any other fees charged under these Terms, which Muuttomyynti charges from the Buyer in accordance with these Terms. The Seller receives the payment in full in the currency specified in the sales announcement subject to the service fee deduction.
Muuttomyynti charges the Seller a service fee for purchase transactions made through the Service. The service fee is determined by the Seller's selling price of the Product. Muuttomyynti deducts the service fee and the related VAT from the purchase price received, before the payment is made to the Seller. The service fees charged by Muuttomyynti from time to time, are informed on the Service’s website.
Muuttomyynti receives the payment for a Product (and the delivery if purchased arranged by Muuttomyynti) ordered through the Service on behalf of the Seller through payment services provided by a third party. Muuttomyynti disburses the received payment to the Seller upon payout request without undue delay and no later than three (3) business days after receipt of the payment, provided that the Buyer has paid the Product price in full and received the Product and a reclamation has not been made in accordance with section 5.5.
Muuttomyynti disburses the payment to a Seller acting under the capacity of a trader upon payout request no earlier than fifteen (15) and no later than twenty (20) calendar days after receipt of the payment, provided that the Buyer acting under the capacity of a private individual has paid the Product price in full and received the Product and a reclamation has not been made in accordance with clause 5.5 or the cancellation right has not been used in accordance with section 5.1.
Muuttomyynti shall have the right, and the Seller shall hereby authorise Muuttomyynti, (i) to receive on Seller’s behalf any claims or charge-back requests relating to the Products or payments thereof, (ii) to manage and settle any such claims or requests on behalf of the Seller in its discretion (acting reasonably and in accordance with these terms and conditions) and (iii) to inform the Seller of the outcome of such claim or charge-back without undue delay. Muuttomyynti has the right to withhold a sum from the disbursement of payment to the Seller corresponding to possible claims attributable to the Seller’s responsibilities under clause 3.3 or 3.4 regarding defects or delays of the Product.
The Seller, acting under the capacity of a trader, acknowledges that if a Buyer who acts under the capacity of a private individual uses the withdrawal right of distance selling under the compelling consumer protection legislation after Muuttomyynti has already disbursed the payment for the sale of the Product to the Seller, the Seller shall be responsible to return the payment immediately to Muuttomyynti.
Muuttomyynti shall not be responsible to disburse the payment to the Seller in whole or in part, until the payment has actually been made and Muuttomyynti has received the payment confirmation of the payment made by the Buyer on the Product through a payment service offered by a third party.
3.3 PRODUCT DELIVERY AND RISK OF LOSS AND DAMAGES
The Seller must ensure that the Products are available to the Buyer at the agreed place and time. The Seller must hand over the Products to the Buyer or, alternatively, to Muuttomyynti delivery service ordered by the Buyer through the Service packed in a safe and secure manner. Subject to compelling legislation, the risk of loss and damage for the Product shall transfer from the Seller to the Buyer once the Product has been handed over verifiably to the Buyer or to Muuttomyynti delivery service.
3.4 LIABILITY FOR DEFECTS
The Seller shall make a sales announcement containing the Product's detailed and up-to-date product description. The Seller recognizes that Products sold through the Service are sold in accordance with these Terms. If Muuttomyynti becomes liable for defects towards the Buyer due to the information given in a sales announcement or for any other reason attributable to the Seller, Muuttomyynti shall be entitled to claim equivalent compensation from the Seller.
In no circumstances shall Muuttomyynti be liable to the Seller for any direct or indirect damages unless the damage is caused by Muuttomyynti's willful action or gross negligence.
If the Product is defective or if Muuttomyynti unilaterally withholds the sale of the Seller's Product through the Service for reasons attributable to the Seller, or if the Buyer does not accept the non-compliant Product, the Seller shall be liable to arrange the return of the Product from the Buyer within fourteen (14) days of receiving the Buyer's defect notice or after the receipt of Muuttomyynti's notice.
If the Seller does not arrange the return of the Product at the specified time, the Product shall be returned to Muuttomyynti's storage facilities at the expense of Seller.
4. MUUTTOMYYNTI.FI MARKETPLACE TERMS OF SALE FOR THE SERVICE: WE SELL FOR YOU
4.1 FURNITURE FOR SALE
Muuttomyynti sells used furniture and decorative items to individuals and companies. Muuttomyynti accepts Furniture for sale through its own process, which separately evaluates the resale value and quality of each Furniture based on preliminary information provided by the Seller.
We reserve the right to choose which Furniture passes our criteria, and Muuttomyynti does not have to justify the rejection decision separately to the Seller. The reason for the rejection could be, for example, too low resale value.
Muuttomyynti reserves the right to refuse to accept the sale of the Furniture also at the time of pickup or receipt of the Furniture, if the quality of the Furniture is worse than could have been assessed based on the preliminary information sent by the Seller.
If, during the quality inspection and condition checking at the warehouse, something is revealed that significantly affects the resale value of the Furniture, the Furniture can also be rejected in connection with the quality inspection. This is always reported separately to the Seller. (see 4.4. Change in the price estimate or rejection of the furniture)
4.2 FURNITURE PRICING AND PRICE REDUCTION
Before accepting the sales order, Muuttomyynti receives a price estimate of the furniture from the Seller. E.g. Based on the condition, age, brand and market price of the furniture.
The aim is always to get the best possible price for the furniture. However, Muuttomyynti must reserve the right to reduce the net sales price of furniture below the preliminary estimate. The preliminary price estimate is only an estimate, and unfortunately Muuttomyynti cannot always guarantee that the final net selling price of the furniture is in accordance with the estimate. The selling price of the furniture is affected by, for example, the length of the sales period and the market situation.
Muuttomyynti reserves the right to set the selling price upward or downward up-to 50% of the seller’s price estimate. In addition, Muuttomyynti reserves the right to accept any offer that is atleast 60% of the listed price.
4.3 PROFIT SHARING
a) When selling through Muuttomyynti, the seller earns 60% of the net sales price. The commission percentage therefore depends on the final sales price, but the Seller's share is always at least 60% of the net sales price.
b) Muuttomyynti pays the seller the amount payable to the Seller under this contract by bank transfer to the bank account that the Seller has indicated upon acceptance of the sales order. It is the seller's responsibility to provide Muuttomyyntii with all the necessary information for making the payment. It is the seller's responsibility to ensure that the account number is correct. Muuttomyynti is not responsible for income paid to the wrong account if there was an error in the information provided.
c) The sales revenue is always paid to the Seller only when payment for the Furniture has been received in full from the payment service provider, and the Buyer's statutory right of return has expired. The buyer is legally guaranteed a 14-day return right, which is always counted from the actual delivery or receipt date of the order.
Muuttomyynti processes accounts twice a month, on the 15th and the last day of the month. Settlement is made on the next possible processing day after the Buyer's return right has expired. Payment processing may be delayed in those cases where the Buyer has chosen a later delivery time for his order.
4.4 CHANGE IN THE PRICE ESTIMATE OR REJECTION OF THE FURNITURE
When Muuttomyynti has picked up the Furniture from the Seller, or the Furniture has been received at the warehouse by the Seller, the Furniture moves forward in the process to a condition check. All Furniture goes through this check before starting the sales process.
Muuttomyynti makes all price estimates remotely based on advance information (such as photos) received from the Seller. If the inspection process reveals that the condition of the furniture is worse than expected, Muuttomyynti has the right to calculate a preliminary price estimate. The Seller can see the possible change on the seller's own website.
Muuttomyynti can also refuse to sell the Furniture if the inspection reveals that it is in worse condition than stated. In that case, the Seller can either leave the Furniture to Muuttomyynti for recycling for a small fee, or pick it up himself within two (2) weeks free of charge. The seller must notify Muuttomyyntii of the pickup separately.
If Muuttomyynti does not receive a response from the Seller to the Furniture rejection notice within two (2) weeks, Muuttomyynti has the right to put the Furniture up for sale at a lower price than the estimated price, or donate it forward.
The seller is obliged to monitor his e-mail and customer pages in order to facilitate communication related to the sale of furniture. Muuttomyynti is not obliged to call the Seller separately about changes related to the sale, but communication takes place via e-mail and the seller's profile.
4.5 SERVICE PROVIDER’S RESPONSIBILITY AND FURNITURE INSURANCE
After collection, Muuttomyynti bears responsibility for the furniture during the sales process. For the seller's security, Muuttomyynti insures every piece of furniture put up for sale against possible damage. The insured Furniture will be reimbursed to the Seller in accordance with the valid terms and conditions.
If the Furniture is damaged in Muuttomyynti's possession in such a way that it is no longer suitable for sale, the Seller will be notified separately.
Muuttomyyntii's liability is limited to 60% of the listed price. If the listed price is, for example, 200 euros, the sum insured is 120 euros, and so on.
Muuttomyynti is not responsible for damages caused by an obstacle beyond Muuttomyynti's control or an event that could not have been reasonably foreseen or whose consequences could not have been avoided. For example, staff illness, fires, natural disasters, and possible breakdowns in the transport equipment are considered a force majeure obstacle.
4.6 SALE PERIOD AND UNSOLD PRODUCTS
Muuttomyynti undertakes to sell the Furniture for at least three (3) months. If the Furniture has not been sold within three to five months, Muuttomyynti will contact the Seller, who can decide whether to continue selling the Furniture.
The seller has the right to pick up the Furniture back within two weeks (or a separately agreed time) after contacting Muuttomyynti. If the Seller does not pick up the Furniture within two weeks, Muuttomyynti can dispose of the Furniture, donate the Furniture to charity, recycle the Furniture, or continue selling the Furniture without price restrictions. The aforementioned measures do not incur any costs for the Seller.
If Muuttomyynti has put up for sale several identical Furniture (for example, several identical dining chairs) from the same Seller, Muuttomyynti is allowed to continue selling even after the mentioned five months, if at least one piece has been sold before the end of the deadline. In this case, the sales period is extended up to 8 months.
The seller can track the selling process by logging into the Seller's own pages via Muuttomyynti's website.
4.7 SALES CHANNELS
The primary sales channel for furniture is Muuttomyynti's own online store. Muuttomyynti reserves the right to also use other sales channels for the sale of Furniture. Muuttomyynti can use, for example, online auctions, direct sales, or its partners' online stores to promote furniture sales.
4.8 SERVICE AREA
In Finland, Muuttomyynti picks up furniture from the capital region (Espoo, Vantaa, Kauniainen and Helsinki) and the surrounding areas. Muuttomyynti offers the Buyer the possibility of delivery to the entire territory of Finland, excluding the archipelago areas. Delivery to places other than the capital region takes place through a logistics partner.
4.9 COLLECTION OF FURNITURE
a) Muuttomyynti will pick up the furniture from the address agreed upon by the parties to the contract upon acceptance of the sales order. Muuttomyynti charges a flat-rate collection fee of €49 per item from the seller's share revenue.
b) The pick-up location must be in the service area specified on the Website (Capital region: Helsinki, Vantaa, Kauniainen, Espoo, or Kirkkonummi) . If the Pickup Location is located outside the service area, and pickup outside the service area has not been separately agreed upon, Muuttomyynti can unilaterally cancel this contract by notifying the Seller before the pickup time.
c) The seller can move the pick-up time at any time, but no later than 48 hours before the agreed pick-up date. Transfer notices are made through the collection calendar on the seller's page by reserving a new time. Alternatively, the Seller can contact Muuttomyynti by e-mail at the address info@muuttomyynti.fi.
d) It is the responsibility of the seller to provide Muuttomyynti accurately and in a timely manner with all relevant information about the Furniture and its collection, even if the Website does not specifically ask for this information.
e) If the Seller is not present or reachable when Muuttomyynti picks up the Furniture, Muuttomyynti has the right to collect a fee of 50 euros from the Seller for the failed pick-up to cover the costs.
f) Muuttomyynti's transport team will check the Furniture when picking it up. Muuttomyynti has the right to refuse to take any Furniture for sale in a pick-up situation, regardless of what is specified in these conditions or in another agreement between the Seller and Muuttomyynti. Muuttomyyntii does not have to separately present a reason for the decision not to take the Furniture up for sale.
g) The seller grants Muuttomyynti the right to photograph or record the Furniture during collection, as required by Muuttomyynti's internal quality control and collection instructions.
h) The seller must prepare the Furniture for Muuttomyynti's pickup. The furniture must be as easy as possible to take with you, the passageway for collection must be unobstructed, and the furniture to be attached to the wall or ceiling (for example, lamps) must be already removed. All furniture must be complete and assembled, unless otherwise agreed.
4.10 OWNERSHIP OF FURNITURE
Muuttomyynti is not considered the owner of the furniture, even though the furniture is in Muuttomyynti's possession. The seller remains the owner of the Furniture throughout the entire sales process until the Furniture is sold.
However, after accepting the sales order, the Seller does not have the right to demand the Furniture back in the middle of the sales process. Muuttomyynti reserves the exclusive right to sell Furniture throughout the entire sales process. The seller has the right to demand the Furniture back if it cannot be sold within eight (8) months.
Ownership of the furniture is transferred from the Seller to the Buyer when the Buyer places an order from Muuttomyyntii's online store. The seller does not have the right to demand cancellation of the transaction after the order.
4.11 SELLER’S INFORMATION
By accepting the terms of sale, the Seller accepts that Muuttomyynti processes and stores the Seller's data. Muuttomyynti only stores contact information that is mandatory for the performance of the service. The seller can see all the data stored by Muuttomyynti from their profile.
5. MUUTTOMYYNTI.FI MARKETPLACE PURCHASE TERMS AND CONDITIONS
5.1 WITHDRAWAL OF AN ORDER BY A BUYER ACTING AS A PRIVATE INDIVIDUAL
A Buyer who acts as a private individual has the right to withdrawal of distance selling in accordance with the Consumer Protection Act (1978/38, including amendments) only in cases where the Seller of the Product sold in the Service is a trader. The right to withdrawal of distance selling in accordance with the Consumer Protection Act does not apply to Buyers acting under the capacity of a trader, regardless of whether the Seller is a private individual or a trader. In addition, the right of withdrawal of distance selling in accordance with the Consumer Protection Act does not apply to a Buyer who is a private individual, if the Seller of the Product sold in the Service is another private individual.
The Buyer who acts as a private individual shall inform Muuttomyynti about his/her intention to use the right to withdrawal within fourteen (14) days from the date of purchase and transfer of the Product. The withdrawal period is counted from the day when the Buyer or his/her representative receives the Product. The withdrawal notice shall include Product’s item number, purchase date and user name of the Buyer. The withdrawal notice shall be delivered to Muuttomyynti by email to info@Muuttomyynti.fi. The withdrawal is also possible by using annex II withdrawal model of the Ministry of Justice regulation 110/2014 [https://www.finlex.fi/fi/laki/alkup/2014/20140110].
After the withdrawal of the purchase, the Buyer, who is a private individual, shall return the Product to the Seller at his/her own expense within fourteen (14) days of sending the withdrawal notice. The withdrawing Buyer bears the risk of loss and damage until the Product is returned to the Seller. The Buyer must pack and handle the Product appropriately in order to avoid damage in transition. After the Product has been received by the Seller, the payment will be refunded to the Buyer within fourteen (14) days. A possible depreciation can be deducted from the refunded amount due to the use of the Product by the Buyer. It is not considered that the Product is used solely for the purpose of ascertaining its nature, properties and functionality. Refund takes place in the same form and to the same account number or payment card used for the purchase.
5.2 PRODUCT PRICE, PAYMENT AND SERVICE FEES
Product prices exclusive of delivery costs and other fees that are charged under these Terms are informed in the sales announcement created by the Seller. All additional costs related to the Products will be reported and paid in the same currency as in the respective Product sales announcement.
Muuttomyynti charges from the Seller a service fee and related VAT from the Product price. Service fees charged by Muuttomyynti are presented on Muuttomyynti’s webpage. Delivery fees or other fees charged in accordance with the Terms are not included in the Product prices.
The Buyer shall pay the ordered Product with one of the payment methods offered by Muuttomyynti. Muuttomyynti receives the Buyers’ payment on behalf of the Seller through a payment service provided by third parties. Muuttomyynti has the right to transfer a receivable from the Buyer to a financier or other third party.
5.3 PRODUCT PICK-UP/DELIVERY AND RIGHT OF ANNULMENT DUE TO DELAYED PRODUCT PICK-UP/NO PICK-UP
The Products ordered by the Buyer from the Service shall be delivered to the Buyer directly from the Seller. The place and time of delivery of the Product shall be agreed between Seller and Buyer separately. Alternatively, the Buyer may purchase the delivery service of Muuttomyynti.
Notwithstanding the above, when the Buyer and the Seller agree that the Buyer shall collect the Product directly from the Seller, the Buyer shall collect the Product at an agreed time from the agreed place. If the Buyer fails to collect the Product within twenty-four (24) hours from the agreed time and the Parties have not agreed to change the original time agreed for collection, the Seller shall have the right to resell the Product through Muuttomyynti. In these situations, a deduction of ten percent (15 %) shall be made from the selling price of the Product prior to reimbursement of the selling price to the Buyer as a compensation for the losses incurred by the Seller as well as the expenses incurred by Muuttomyynti related to payment transactions and the reimbursement of the selling price.
5.4 SELLER’S LIABILITY FOR DEFECTS
Products ordered from the Service are used, which are sold “as is” and as they are described in the product description at the time of purchase. The product description must include all relevant information about the Product that the Seller may be expected to have known at the time of purchase. Failure to present essential information is considered a defect in the Product. The condition of the Product is briefly described in connection with the Seller's sales announcement. The Seller shall not be responsible for any damage, defects or anomalies that cannot reasonably be expected to have been known by the Seller at the time of purchase.
The buyer should note that the actual appearance of the Product may differ from what appears on the images and how the Product will display on the computer display screen, especially with regard to colour characteristics. For example, information about the Product's maker, authenticity, age, technology used, condition or origin, as well as information about the general condition of the Product, past damage or repairs, is based on the information the Seller has about the Product, but errors may occur as regards to the information. The seller shall not be responsible for any damage or defect inherent in the Product, such as natural wear, damage, defects and faults, fabric fastenings, condition of frames, natural changes in materials such as paper fading and wood cracking.
Unless otherwise required by compelling legislation, the Seller's liability for defects is limited to the following. If the Seller is liable for a Product that is faulty or defective, the Seller has the right to: (i) correct the defect; (ii) give the Buyer a price reduction equivalent to the defect; or (iii) terminate the trade agreement. If the Seller's ownership or right to possession of the Product is unclear, Muuttomyynti and the Buyer have the right to terminate the trade agreement. If the trade agreement is terminated, the Buyer will only be entitled to a refund of the amount paid for the Product through Muuttomyynti upon returning the Product.
The Seller's liability for the Buyer is limited to what the Buyer has paid, i.e. the selling price and VAT and any other possible costs to be refunded. Hereby the Seller shall not be responsible for any direct or indirect damages that may be caused to the Buyer.
Without prejudice to the above, the Buyer is always entitled to a full refund of the amount paid for a Product, if Muuttomyynti unilaterally denies selling the Seller's Product through the Service for a reason attributable to the Seller or the Buyer does not accept a Product that is contrary to these Terms. In these situations, the Seller is primarily responsible for arranging the return of the Product at its own expense to the Seller within fourteen (14) days after the Seller has received the Buyer's complaint or Muuttomyynti's notification. If the Seller does not arrange for the Product to be returned at its own expense within a specified time, Muuttomyynti shall be liable at its own cost to return the counterfeit or defective Product to Muuttomyynti's storage facilities.
5.5 RECLAMATION
Unless otherwise required by compelling legislation, the Buyer shall promptly inform of any defects immediately after the Buyer has noticed or should have noticed the defect, however, latest by:
(i) immediately upon receiving of the Product, if the Buyer pick-ups the Product him/herself or the Product is delivered home through Muuttomyynti delivery service;
(ii) one (1) working day after picking-up the Product, if the Product is delivered to a post or another third-party pick-up point.
If the Buyer fails to comply with the reclamation obligation, the Buyer shall not be entitled to make any claims regarding defects in the Product. The reclamation must be made in writing.
The Buyer must make reclamations or other claims relating to the Products to Muuttomyynti’s customer support. The contact details for customer support are set out in the Service’s website.
6. FORCE MAJEURE
In case of force majeure event that prevents or delays Muuttomyynti or its subcontractor from fulfilling their obligations under these Terms, Muuttomyynti is exempt from liability and other sanctions, provided that Muuttomyynti inform about these circumstances within a reasonable period of time. As soon as such an obstacle is removed, the obligations must be fulfilled in accordance with the agreement. For example a natural disaster, fire, flood, war or comparable status, revolution, nuclear event, terrorist act, new or changed legislation, authority action, strike, lockout, conditions to prevent fulfilment of conditions, or circumstances beyond Muuttomyynti's influence are considered as force majeure.
7. TRANSFER
Muuttomyynti Palvelut PK-Seutu reserves the right to transfer the agreements and all rights and obligations thereof between Muuttomyynti Palvelut PK-Seutu and the Buyer to a third party by notifying the Buyer of the transfer. The Buyer is not entitled to transfer the agreements between Muuttomyynti Palvelut PK-Seutu and the Buyer to third parties.
8. TAXES
The Seller as a party liable to pay value added tax (“VAT”) shall be directly responsible for VAT in relation to the Products sold through the Service to the Buyer. Muuttomyynti Palvelut PK-Seutu shall provide the Buyer with an invoice that meets the requirements of the Value Added Tax Act on behalf of the Seller.
Muuttomyynti Palvelut PK-Seutu will provide invoices that meet the requirements of the applicable Finnish Value Added Tax Act (1501/1993 including amendments) for both transactions to the Buyers. The amount to be disbursed to the Seller includes the applicable VAT.
Muuttomyynti is liable for VAT on the service fee charged from the Sellers. The applicable amount of VAT is included in the service fee to be charged.
The VAT on the delivery services ordered by the Buyer is charged from the Buyer as VAT inclusive sale by Muuttomyynti as part of the price of the delivery service.
If Muuttomyynti's obligation to pay or withhold other taxes on the use of the Service or transactions made through it, Muuttomyynti will withhold an equivalent amount of fees as the tax is from the paid amounts to the Sellers.
Products sold by private Sellers or any other non-VAT registered party using the Service shall not include VAT. On behalf of the Seller, Muuttomyynti Palvelut PK-Seutu will provide the Buyer with an invoice exclusive of VAT. The payment to the Seller will therefore not include VAT.
9. DISPUTE RESOLUTION
The Terms and the agreements created through the Service are governed by the laws of Finland, with the exception of its conflict of laws principles.
If the dispute related to the Service is not resolved by negotiations between the parties, the Buyer acting under the capacity of a private individual may refer the matter to the Consumer Disputes Board (www.kuluttajariita.fi/en/) if the Seller is a trader. Before bringing the matter to the Consumer Disputes Board, the consumer must be in contact with the Local Register Offices’ Consumer Advisory Services (www.kkv.fi/en). The Buyer acting under the capacity of a private individual, can also file a complaint through the Alternative Dispute Resolution Body of the European Commission (www.ec.europa.eu).
Any disputes relating to the Terms or the agreements created through the Service shall be finally settled in the District Court of Helsinki, unless otherwise required by compelling legislation.
10. MUUTTOMYYNTI.FI MARKETPLACE CONTACT INFORMATION
Muuttomyynti Palvelut PK-Seutu
Kääntöpiiri 4c 22, FI-02210 Espoo, Finland
info@Muuttomyynti.fi
+358 45 254 5502
Muuttomyynti Palvelut PK-Seutu
Kääntöpiiri 4c 22 FI-02210 Espoo, Finland
Business ID: 2766979-1
VAT number: FI27669791