Terms of use

1.ABOUT THE COMPANY

1.1. Rotazion.ee is a virtual rental portal (hereinafter Portal), which allows users to publish rental listings for free and to lend and take into use products published on the Portal (hereinafter referred to as the Item).

1.2. The Portal is managed by Rotazion OÜ, registry code 16868551, rotazion@rotazion.com, (hereinafter Manager).

1.3. The Portal user (hereinafter User) confirms that he/she has read and agrees to the terms and conditions of this user agreement (hereinafter Terms), and undertakes to comply with them and has agreed to the Portal's Privacy Policy.

2.USER ACCOUNT

2.1. To use the Portal, the User must register and log in, providing the data required by the Portal.

2.2. The User keeps the data used to log in to the Portal confidential and prevents them from falling into the hands of third parties, except for data related to transactions between Users.

2.3. The User is responsible for all activities that take place on the registered and logged in user account. If there is any suspicion of misuse of the user account, the Manager must be notified immediately.

2.4. To delete a user account, a corresponding written request must be submitted to the Manager.

2.5. The Portal may require additional data for user authentication.

2.6. The User must provide accurate information about himself/herself.

3.HOW DOES THE PORTAL WORK?

3.1. The Portal allows:

3.1.1. Publishing rental offers for Items according to the data submitted by the User;

3.1.2. Browsing and renting (concluding a rental agreement) of Items offered by Users;

3.1.3. Storing Items by the Manager and transferring and receiving Items through the Manager.

3.2. The Manager provides a money deposit service for the execution of rental agreements concluded between Users.

3.3. The payment service is conducted through the Stripe payment interface, through which the Administrator receives the User's payment, after which, upon confirmation of the Item's receipt, the payment is forwarded to the owner of the Item.

3.4. The User who has made an offer by publishing a rental advertisement through the Portal is the lessor (hereinafter Lessor).

3.5. The User who agrees to use the Item offered on the Portal for a fee is the lessee (hereinafter Lessee).

3.6. The rental agreement is concluded and the parties to it are the Lessor and the Lessee, not the Manager.

3.7. The rental agreement is concluded by agreeing to the rental offer of the Item published on the Portal.

3.8. Payment for the rental period of the Item (hereinafter Rental Fee) is considered as consent.

3.9. The Rental Fee consists of the fee for the rental period and the transportation cost of the Item.

3.10. Payment is made through a bank link or by using a credit card to the Manager's settlement account upon receipt of the Rental Fee.

3.11. Transactions can only be made in euros on the Portal.

3.12. Description of the rental process:

3.12.1. The Lessor submits the data related to the Item and the price request and the Portal publishes the offer accordingly.

3.12.2. The Lessee chooses a suitable Item and rental period offer;

3.12.3. The Lessee pays the Rental Fee;

3.12.4. The money is credited to the Manager's settlement account;

3.12.5. The Item moves from the Lessor or the Manager to the Lessee through the service provider's parcel machine or in another way agreed between the parties;

3.12.6. The Lessor confirms the sending of the Item or the Lessee receives the Item;

3.12.7. If the sending of the Item is done using the parcel machine service, the confirmation of the sending of the Item is done automatically.

3.12.8. The Manager transfers the Rental Fee, from which the agreed service fee (hereinafter Service Fee) has been deducted, to the Lessor's settlement account within 3 (three) working days.

3.12.9. The Manager releases the Rental Fee, from which the agreed service fee (hereinafter referred to as the Service Fee) is deducted, to the Lessor's settlement account for payment within 2 (two) days after the end of the rental period. The Lessor must consider that through the Stripe payment service, the money may only be received within 10-30 days.

3.12.10. The Manager has the right to withhold any possible claims against the User from the Rental Fee as a guarantee.

4.SERVICE FEES

4.1. The Service Fee applies to successful rental transactions, and the Rental Fee is calculated based on the price for the rental period.

4.1.1. No Service Fee applies when publishing an offer.

4.1.2. No Service Fee is charged for the transportation cost of sending the Item.

4.1.3. The Administrator has the right to deduct the cost related to sending the Item from the Rental Fee if the Item is stored by the Administrator and the shipping costs are borne by the Administrator.

4.1.4. If the Lessor or Lessee cancels the transaction after payment has been made, the Platform has the right to calculate and withhold the Service Fee.

4.1.5. The Lessor sets the transportation surcharge for each Item when adding the Item for sale. The Lessor may offer free transportation of the Item if the transportation cost is included in the Rental Price.

5.STORAGE OF THE ITEM BY THE MANAGER

5.1. When renting out an Item through the Manager, the User (Lessor) stores the Item with the Manager according to the Portal's price list (Storage Fee):

5.1.1. Clothing item - 1 euro per month;

5.1.2. Sports equipment -

5.1.2.1. Skis/ski set: 3 euros per month;

5.1.2.2. Bicycle: 15 euros per month

5.1.2.3. Racket: 1 euro per month

5.1.2.4. Skates: 2 euros per month

5.1.3. Baby items:

5.1.3.1. Baby carrier: 7 euros per month

5.1.3.2. Baby carriers: 2 euros per month

5.1.3.3. Baby car seat: 5 euros per month

5.1.3.4. Baby bed: 13 euros per month

5.1.4. For items not listed in the price list, the Storage Fee will be agreed upon separately;

5.1.5. For larger items, the Manager has the right to charge a Storage Fee of 13 euros per month, unless otherwise agreed between the parties.

5.1.6. The Storage Fee is payable in advance according to the invoice issued by the Manager.

5.1.7. The minimum storage time (Storage Period) is 1 month;

5.1.8. If the User does not notify the termination of storage at least 3 days before the end of the Storage Period, the Storage Period is considered extended by 1 month.

5.1.9. Upon extension of the Storage Period, the Storage Fee must be paid within 14 days from the end of the previous Storage Period.

5.1.10. In case of delay in paying the Storage Fee, a late fee of 0.12% per day is applied.

5.1.11. For storage, a storage agreement is signed with the Manager.

5.1.12. Upon storage, the possession of the item is transferred to the Manager, who takes care of the item's storage, issuance, and return.

5.1.13. The storage service is provided by the Manager in two ways:

5.1.14. The item offering is managed by the User themselves - i.e., the Lessor handles the listing (pricing, taking photos, uploading to the Portal, setting up the rental calendar, etc.) themselves

5.1.15. The item offering is managed by the Manager (pricing, taking photos, uploading to the Portal, setting up the rental calendar, etc.), in which case a one-time fee applies, and the User must allow the Manager access to their account.

5.1.16. The User grants the Manager the right to attach a barcode or security element to the item, and this is not considered damage to the item.

5.1.17. The User grants the Manager the right to rent the item to a third party for rental purposes according to these terms.

5.1.18. The Law of Obligations Act applies to the storage of the item, unless agreed differently in these terms or in the storage agreement.

5.1.19. The User has the right to terminate the Storage Period at any time by notifying at least 14 days in advance. In such case, the prepaid Storage Fee is not refundable.

5.1.20. If the item is in use by the Renter, the Storage Period of the item does not end before the end of the Rental Period.

5.1.21. The Manager has the right to terminate the storage of the item by giving 48 hours' notice and requiring the User to remove the item within 48 hours. If the User does not remove their item, the Storage Fee listed in the price list applies.

6.DELIVERY, ISSUANCE, RECEIPT AND RETURN OF THE ITEM

6.1. The Lessor is responsible for issuing and delivering the item to the Renter in a timely manner according to the start of the rental period unless the Renter and Lessor agree otherwise.

6.2. The Renter is required to confirm receipt of the item through the Portal, and if that is not possible, then by email.

6.3. The Renter undertakes to return the item in the same condition.

6.4. The item must be returned on the last day of the rental period.

6.5. Within 2 days after the end of the rental period, the Manager releases the payment made by the Renter to the Manager, and the Rental Fee (after deducting the Service Fee) is transferred to the Lessor's account.If the Lessee and the Lessor have agreed on the return of the Item, the Lessee is obliged to send the Item back within 48 hours, unless otherwise agreed.

6.6. In case of delay in returning the rented Item, a Rental Fee must be paid for each delayed day according to the rental cost of one day of the Item.

6.7. The Rental Fee for the delay in returning the Item must be paid to the Manager's account within 5 days from the beginning of the delay, unless the Manager and the Lessor have agreed otherwise

6.8. The Manager has the right to charge the Service Fee from the Rental Fee due to the delay in returning the Item.

6.9. In case of delay in paying the Rental Fee due to the delay in returning the Item, the Lessor has the right to charge interest on the Rental Fee debt at the rate of 0.12% per day.

6.10. If the Item differs significantly from the description or photo in the advertisement and the Lessee wishes to return the Item to the Lessor for this reason, the Manager must be notified immediately and provide a objectively valid reason.

6.10.1. The Lessee pays the costs of returning the Item, unless otherwise agreed by the Lessor and the Lessee.

6.11. The overpaid Rental Fee, from which the Manager's Service Fee has been deducted, is refundable.

6.12. The Manager refunds the overpaid Rental Fee, if it has not yet been paid out to the Lessor.

6.13. If the Tenant does not return the Item within 30 days, it is considered that the Tenant must compensate the Lessor for the value of the Item.

6.14. If the Tenant damages the Item, he is obliged to compensate the Lessor for the restoration value of the Item or, if restoration is not possible or the Item is destroyed, for the full value of the Item, unless the parties agree otherwise.

6.15. If the Item offer also has a buyout option, the Tenant and the Lessor must agree on this separately.

6.16. The Administrator has the right to demand from the Lessor a Service Fee calculated from the selling price.

7.USER RIGHTS AND OBLIGATIONS

7.1. The User confirms that he is a person with legal and active capacity, who has the right to make transactions enabled by the Portal.

7.2. The User undertakes to provide truthful information in full when using the Portal, including true data on the quality and condition of the Items and other details that may affect the Tenant's decision to rent the Item.

7.3. The User undertakes to enter his valid e-mail address into the Portal for the purpose of concluding rental transactions and to be available through it.

7.4. The User undertakes to carry out only legal transactions through the Portal.

7.5. The User undertakes to ensure that his activity does not violate the property or non-property rights (including intellectual property rights) of third parties.

7.6. The User undertakes to ensure that his activity on the Platform is legal and in accordance with good practices. Prohibited actions include the following:

7.6.1. Bullying or harassment;

7.6.2. Promoting sexually vulgar material;

7.6.3. Violence or discrimination on the basis of race, gender, religion, nationality, disability, sexual orientation, age or anything else;

7.6.4. Disclosing personal data or violating other rights related to privacy;

7.6.5. Sharing or promoting illegal, false or inaccurate information;

7.6.6. Rude or pressuring conversation.

7.6.7. Malicious use of the Platform:

7.7. The User undertakes to ensure that the products uploaded to his store comply with the laws and good practices. Prohibited products include:

7.7.1. Medicines, medical devices and health products:

7.7.2. Motor vehicles

7.7.3. Counterfeit brand goods (replicas)

7.7.4. Dropshipping

7.7.5. Food and drink, incl. alcohol

7.7.6. Tobacco

7.7.7. Disturbing or inappropriate products

7.7.8. Weapons and military equipment

7.7.9. Sex toys Ads

7.7.10. Vouchers, gift cards, digital and non-material goods

7.7.11. Drugs and their accessories

7.8. The User undertakes to ensure that the description and uploaded pictures of the Item describe the Item in detail and truthfully. Advertisements must not contain information that is not related to the Item, including advertising, spam, chat/transaction redirection and other such things that do not comply with the principles of the Portal.

7.9. The User undertakes, in the role of the Lessor, to ensure that the delivery option made available to the Tenant is in accordance with the Item (except for sending as one package) and that the product to be sent is packed securely. The Lessor is responsible for any damage to the Item during transport.

7.10. The User confirms that he is aware that the obligation to declare and withhold and pay taxes (including income, turnover and social taxes) on all transactions rests with the User.

7.11. The User confirms that he is aware of the fact that if the User's information technology devices fall into the possession of third parties in such a way that the User is logged into the Portal, third parties may take binding obligations for the User, for which the User is responsible.

7.12. Users are responsible for fulfilling the contracts concluded between them. Complaints and questions related to the Item must be submitted directly to the Lessor, using the Portal's internal messaging system.

8.ADMINISTRATOR'S RIGHTS AND OBLIGATIONS

8.1. The Administrator is entitled, at his own discretion, to limit or cancel the User's right to use the Portal, including changing the information published by the User on the Portal or suspending the advertisement and not allowing transactions to be made, if the User:

8.1.1. violates these Terms;

8.1.2. the offer contains information that is false, misleading or inaccurate;

8.1.3. knowingly and deliberately disseminates false information, insults other Users in any way or behaves inappropriately in the Portal;

8.1.4. the offer based on the User's data is contrary to the Terms, good manners or applicable legal acts;

8.1.5. at least three complaints have been received from other Users about the User's activity.

8.2. The Administrator is entitled at any time to monitor the activity in the Portal, including monitoring the offers made by the Portal users.

8.3. The Portal and all its content are copyrighted by the Administrator. By uploading product photos / sales advertisements protected by copyright to the page, the User transfers the author's property rights to the product photos. The Administrator has the exclusive right to use, permit and prohibit the use of the product photos / advertisements submitted by the User in any way, including reproducing, distributing, translating, adapting, adding them to collections or databases or transmitting them to the public.

9.RELEASE OF LIABILITY

9.1. The Administrator is not the owner or renter of the Item offered in the Portal or a party to the rental transaction concluded by the Portal Users.

9.2. The rental agreement is concluded by the Portal Users among themselves.

9.3. Users are fully responsible for fulfilling the rental agreements concluded between them.

9.4. Claims related to defects or complaints of the transferred Item must be submitted directly to the Lessor.

9.5. The Administrator is not responsible for resolving disputes arising between the Users who have concluded the rental agreement.

9.6. The Administrator or the User do not assume or guarantee the existence of a warranty or insurance on the Item.

9.7. The Administrator does not review or control the quality and compliance of the Item with the description entered by the User.

9.8. The Administrator is not responsible for the truthfulness and legality of the information published by the User in the Portal or for the inappropriate or illegal behavior of the User.

9.9. The User agrees to use the Portal entirely at his own responsibility and releases the Administrator from any liability that relates to the use of the Portal or the possible inaccuracy, misleadingness, inadequacy or any other circumstance of the information published therein.

9.10. The User understands that the Administrator is not responsible for, among other things, the following circumstances:

9.10.1. The accuracy, precision, completeness, timeliness, validity and legality of any information published in the Portal. In this regard, the Administrator is not responsible for the quality or quantity of the Items offered by the Portal;

9.10.2. Any interruption, stoppage, pause or other unavailability of the service offered by the Portal;

9.10.3. The content of the advertisement published by the User in the Portal or the content of the web pages made available through it;

9.10.4. Any program errors, viruses, Trojan horses, etc. that anyone may transmit to the Portal or the service offered therein or through them;

9.10.5. Any deletion or inability to save content or data;

9.10.6. The User's behavior in the Portal;

9.11. The Portal is not responsible for any violation committed by the User against third parties, including intellectual property rights infringement.

9.12. The User agrees to indemnify the Portal for all costs, damages, claims and expenses (including legal fees) that arise directly or indirectly from the User's breach of the Terms or any applicable legal provisions.

9.13. The User confirms and agrees that the Administrator is not responsible for the content, links or materials of third parties published in the Portal and their accuracy or truthfulness. The use of third-party content and relying on its accuracy and precision is the User's own responsibility.

10.CHANGES TO THE TERMS

10.1. The Administrator has the right to change and supplement the Terms unilaterally at any time due to the development of the Portal and the services offered and for the purpose of their better and safer use.

10.2. The Administrator undertakes to inform the User of the changes and additions to the Terms by notices, messages or e-mail published in the Portal.

10.3. The changes and additions to the Terms enter into force upon the publication of the respective change or addition in the Portal, for which the Portal sends a notification to the User.

10.4. The User confirms his agreement to the changes and additions to the Terms by continuing to use the Portal after the respective changes or additions enter into force.

11.FINAL PROVISIONS

11.1. The legal relations arising from the use of the Portal between the User and the Administrator and the Users are governed by the laws of the Republic of Estonia.

11.2. The User and the Administrator will try to resolve any disputes arising from the use of the Portal by negotiations. If no agreement is reached, the dispute will be settled by Harju County Court.

11.3. The Terms are valid upon their acceptance by the User and are valid for the duration of the legal relations regulated by the Terms.

11.4. All notices and information exchange between the User and the Administrator take place in electronic form through the Platform or via e-mail at the address rotazion@rotazion.com.