The User Agreement has been drafted by Trioparts OÜ [1] to regulate the relations between web page user (hereafter: user) and Trioparts OÜ (hereafter Trioparts OÜ and user shall be referred to as Party or Parties) in use of the web page www.trioparts.com.

User Agreement definitions

1. User Agreement is a document created by Trioparts OÜ and regulating the relations between web page user and Trioparts OÜ in use of the web page www.trioparts.com.

2. User is any private person not younger than 18 years of age or any entity registered on the web page www.trioparts.com.

3. www.trioparts.com and the web page www.trioparts.com mean the virtual environment located on the web page www.trioparts.com, including sub-pages, pages in social networks and other pages which belong to Trioparts OÜ.

4. Registration is the action performed by user in order to register themselves on the web page www.trioparts.com, by which user confirms the following:

· User – private person – is not younger than 18 years of age;

· User – entity – is legally capable;

· User has all rights stipulated by the law of the country of Trioparts OÜ registration and required for use of the web page www.trioparts.com;

· User reviewed the conditions of the User Agreement, complied with them and undertakes to fulfil them;

· User fully and comprehensively realizes the conditions contained in the User Agreement and comprehends that during the use of the web page www.trioparts.com he may accrue the legal obligations to buy or sell products offered on the web page www.trioparts.com.

5. Account is a virtual account of user.

6. Advert is advertisement published by any user on the web page www.trioparts.com, whose content is related with a wish to buy products specified by the user.

7. Service is a service provided by Trioparts OÜ.

8. Pricelist is the section of the User Agreement, which specifies prices (rates, payment, etc.) for services provided by Trioparts OÜ.

9. Confidentiality Agreement is the section of the User Agreement, which regulates the relations between user and Trioparts OÜ in regard to the use on the web page www.trioparts.com of user information, which can be obtained and used by Trioparts OÜ in use of the web page www.trioparts.com by user.

10. The rules of advertising is the section of the User Agreement, which regulates the relations between user and Trioparts OÜ in regard with the advertising on the web page www.trioparts.com.

Rights, duties and liability of user

11. The right to be registered as a user may have any private person who is not younger than 18 years of age and any entity therein.

12. Each user has the right to register and use on the web page www.trioparts.com one account only.

13. User undertakes to submit during registration on the web page www.trioparts.com and during the use of the web page www.trioparts.com only truthful, accurate and non-misleading information about themselves and products offered by the user.

14. User shall be solely responsible for submission of false data during registration on the web page www.trioparts.com and during the use of the web page www.trioparts.com.

15. User shall be solely responsible for the content of adverts published on the web page www.trioparts.com, the quality of offered goods and truthfulness of their content, description, availability and introduction.

16. User undertakes to comply during the registration on the web page www.trioparts.com and during the use of the web page www.trioparts.com with the conditions set out in this User Agreement, conscientiously and in compliance with the law in force in the country of Trioparts OÜ registration.

17. User undertakes to promptly inform Trioparts OÜ about any potential problems in regard to the registration on the web page www.trioparts.com and during the use of the web page www.trioparts.com.

18. User undertakes to promptly inform Trioparts OÜ about any circumstances which may encumber the User Agreement.

19. User undertakes to restrain from actions which could create the excessively high loading on the infrastructure of the web page www.trioparts.com.

20. User undertakes to restrain from using any robotics software for collection and use of data, available on the web page www.trioparts.com or in order to get the access therein.

21. User undertakes to transfer the title of audiovisual content of the adverts, including the text, to Trioparts OÜ.

22. Along with registration on the web page www.trioparts.com and the use of the web page www.trioparts.com, user gives Trioparts OÜ their consent for processing, use and receipt of information concerning the user personal information.

23. User shall always enjoy the right to opt out of the announcements communicated by Trioparts OÜ.

24. By assumption of liabilities hereunder, user shall take full responsibility for non-performance or undue performance of obligations, set forward in this user agreement, аnd, also, by the law of the country of the Trioparts OÜ registration.

25. User shall always enjoy the right to close the account if he has performed all obligations under this user agreement.

26. Users shall enter a mutual sale agreement independently without interference or mediation of Trioparts OÜ.

27. Users shall be solely responsible for performance of the mutually concluded sale agreement.

28. A user who initiated advert and a user who made his bid shall not have the right to claim against Trioparts OÜ for conclusion of sale agreement on the product advertised and offered in the advert.

29. A user who initiated an advert and a user who made his bid are conusant that bidding entails liabilities in regard with conclusion of the agreement on sale of product specified in the advert, and in the event of failure to perform such liability the users shall be solely responsible for compensation of damage to the full extent.

30. User is conusant that a duty to declare and a liability to pay taxes which arise for the user in transaction rests with the user.

Rights, obligations and responsibility of Trioparts OÜ

31. Trioparts OÜ is entitled to unilaterally amend, suspend or delete published by user adverts and their content on the web page www.trioparts.com without prior notification of user.

32. Trioparts OÜ is entitled to unilaterally amend, suspend or delete published by user adverts and their content on the web page www.trioparts.com without prior notification of user if more than 90 days passed from the advert publication.

33. Trioparts OÜ is entitled to unilaterally amend the user agreement, which comes into force from the publication on the web page www.trioparts.com. Trioparts OÜ advice the users to occasionally review the document to trace its amendments.

34. Trioparts OÜ is entitled to restrict the user’s access to the web page www.trioparts.com, or lock user account on the web page www.trioparts.com in the event that Trioparts OÜ believe that the user or his actions prevent or may cause damage to the web page www.trioparts.com, cause different judicial problems, violate the law of the country of registration Trioparts OÜ, intellectual property rights, or other agreements specified in this user agreement, and demand contractual fine for shortfall in profits and expenses associated with the interrupted business activities.

35. Trioparts OÜ is entitled to cancel the restriction and the lock of user’s access on the web page www.trioparts.com or the restriction and the lock of user account on the web page www.trioparts.com.

36. Trioparts OÜ is entitled to leave without answering user claims, addresses, requests, petitions or requirements, which contradict the conditions specified in the user agreement or the law of the country of registration of Trioparts OÜ.

37. Trioparts OÜ under no circumstances shall be liable for the content of adverts, presented and published by a user on the web page www.trioparts.com, as well as the quality, state, description, availability and presentation of goods offered, and also for agreements between the users, including related to the goods offered by them.

38. Trioparts OÜ under no circumstances shall be held liable in any disputes between the users of the web page www.trioparts.com, including pretrial and judicial disputes.

39. Trioparts OÜ under no circumstances shall be liable for any damage, which occurs or may have occurred in regard to the adverts communicated and published by user on the web page www.trioparts.com and bids made.

40. Trioparts OÜ shall stay out (nor as an agent, broker, commissioner, representative neither in any other way) of the sale agreements concluded between the users, or other transactions. Trioparts OÜ is not an agent, broker, commissioner, representative of the user, etc.

41. Trioparts OÜ undertakes to ensure providing of the services, specified in the pricelist, without prejudice to the conditions stipulated by the user agreement or the law of the country of registration of Trioparts OÜ.

42. Trioparts OÜ has no obligation to provide the services specified in the pricelist, in the event that Trioparts OÜ believe that it shall violate the conditions described in the user agreement, or the law of the country of registration of Trioparts OÜ, or tarnish the image of Trioparts OÜ, or is economically challenging for Trioparts OÜ, impossible as a result of force majeure, on technical grounds or otherwise, or which violate the interests of the user, other users or Trioparts OÜ.

43. Trioparts OÜ shall stay out of the sale agreements concluded between the users.

44. Trioparts OÜ shall not be held liable for performance of the sale agreements concluded between the users.

45. Trioparts OÜ shall not be held liable for damage caused by the breach of obligations on the part of the user.

46. Trioparts OÜ shall not be held liable for a duty to declare and pay taxes, which arise for the user from the deal.

47. Trioparts OÜ undertakes to refrain from disclosure of the user personal information to third parties, with the exception of cases described by the user agreement and the law of the country of registration of Trioparts OÜ.

Advert publishing rules

48. When using the web page www.trioparts.com, the user is entitled:

· To publish adverts on the web page www.trioparts.com;

· To represent issues to Trioparts OÜ and other users via the account of the web page www.trioparts.com, the e-mail or the contact telephone;

· To answer the questions of Trioparts OÜ and other users via the account of the web page www.trioparts.com, the e-mail or the contact telephone;

· To give feedback on the adverts and about other users via the account of the web page www.trioparts.com, the e-mail or the contact telephone;

· To create bids on the web page www.trioparts.com for the published adverts about the specified products.

49. When publishing adverts on the web page www.trioparts.com, the user undertakes:

· To insert adverts into the specially designed sections;

· When indicating the heading of advert, to conform with the following principles:

o The adverts in the languages should contain the identical information;

o The advert headings shall not contain the prices or contact information, or any other similar calls for actions (e.g. “I WILL BUY A SPEEDOMETER FOR BOSH TR4521 COMBINE HARVESTER FAST FROM EUROPE”);

· To assume a responsibility for the content of the advert published on the web page www.trioparts.com and the product description;

· To give their consent for an opportunity to make contact with them via the account of the web page www.trioparts.com, the e-mail or the contact telephone;

· In case of a product purchase, to delete an advert within 3 working days or to inform Trioparts OÜ that a deal was completed;

· If a product indicated by the user in the advert is not available for bidding anymore, to delete the advert or inform Trioparts OÜ to that effect.

50. When using the web page www.trioparts.com, the user is forbidden:

· To publish adverts, violating the law of the country of registration of Trioparts OÜ (e.g., adverts which contain violence, race hatred instigation, sex propaganda, infringing copyright, etc.);

· To publish adverts whose content contravenes the universal morale principles and virtue;

· To publish adverts in the irrelevant sections;

· To publish adverts with the identical content and meaning;

· To publish hyperlinks to external Internet resources without prior written consent from Trioparts OÜ;

· To use code which uploads external scripts or pages proactively (e.g., "includes" or "iframe");

· To open popup-windows;

· To do manipulations with cookies;

· To offer downloading of any soft;

· To modify page content beyond the advert;

· To address visitors proactively to other web resource.

51. Trioparts OÜ shall reserve the right to amend any headings and subheadings without prior notification of user.

52. Trioparts OÜ shall reserve the right to suspend or delete published user adverts and their content unilaterally on the web page www.trioparts.com without prior notification of user if more than 90 days passed from advertising.

53. Audiovisual content of advert, including the text, shall be the property of Trioparts OÜ when advertised on the web page www.trioparts.com.

Confidentiality agreement

54. When registering on the web page www.trioparts.com and using the page www.trioparts.com, user gives Trioparts OÜ their consent for processing and use of personal information and sending messages.

55. Trioparts OÜ is entitled to collect and use the following information:

· How user uses the web page www.trioparts.com;

· In what deals use participates on the web page www.trioparts.com;

· data, sent to Trioparts OÜ during registration of the web page www.trioparts.com;

· data, communicated by user to Trioparts OÜ on the web page www.trioparts.com;

· any other data, communicated by user on the web page www.trioparts.com.

56. Trioparts OÜ is entitled to collect and use data for the following purposes:

· For personalization of user of the web page www.trioparts.com;

· For publishing content related to user of the web page www.trioparts.com;

· For offering services to user of the web page www.trioparts.com;

· In case of rendering paid services to user – for settling invoices;

· For creation of personal offers to user;

· For transfer of the web page www.trioparts.com to partners, who undertake to use the foresaid data in conformity with the law of the country of registration of Trioparts OÜ.

57. Trioparts OÜ use cooky-file technologies (Cookies) to facilitate the use of the web page. Cookies are sent out to user device and identify them as the unique user, while storing user individual preferences and technical information.

58. Trioparts OÜ use: permanent cookies (i.e. cookies which remain on the user device until they are deleted) and temporary cookies (i.e. cookies existing until browser of the user device is open).

59. Cookies neither contain nor disclose user personal information. If user inserts any personal information on the web page www.trioparts.com, it will be linked to data contained in cookies.

60. In the event that user rejects using cookies on the web page www.trioparts.com, the use can always change browser configuration of user device so that the browser would stop accepting cookies (the instruction on changing user settings is normally given in the browser section ‘Aid’ of user device). In case, user shall change settings of cookies and reject use of coolies on the web page www.trioparts.com, user may be denied the access to the certain sections of the web page www.trioparts.com.

61. Trioparts OÜ undertakes to keep confidential user personal information, with the exception of cases provided by the user agreement and the law of the country of registration of Trioparts OÜ.

Violation of the user agreement

62. Violation of the user agreement is:

· Registration of a physical person who is younger than 18 years of age on the web page www.trioparts.com, performed by a user;

· Registration of entity, which is not legally capable, on the web page www.trioparts.com, performed by a user;

· The registration and use by a user of several accounts on the web page www.trioparts.com;

· Grant of the account log to third person without a prior written consent of Trioparts OÜ;

· Advertising by user wrong, inaccurate or false information concerning themselves or products offered;

· Reproducing or publishing information contained on the web page www.trioparts.com without a prior written consent of Trioparts OÜ.

63. Spreading spam and posting letters to other users (including bulk mailing) without their consent;

64. Spreading computer viruses or other technologies, which may cause damage to Trioparts OÜ or interests and property of their users.

65. Sparkling hatred, use of foul language, propaganda of violence when using the web page www.trioparts.com;

66. Any other actions which harm Trioparts OÜ, tarnish the image of the web page www.trioparts.com and other users, disturb correct work of the web page www.trioparts.com, compromise the quality of services of Trioparts OÜ, and also violate other interests and rights of Trioparts OÜ and other users.

67. In the event of breach of the user agreement, user undertakes to compensate to Trioparts OÜ any lost profits and expenses associated with interruption of proper commercial activity and pay the contractual penalty. Payment of penalty under the contract shall not be the excuse for non-performance of the obligations.

68. User shall be held liable for a breach of the user agreement if the breach was caused by the user representative (member of the board, designated substitute, or his other representative);

69. User is deemed to be conusant about any potential circumstances or informed in advance, also, he is supposed to have known or anticipated a circumstance, which he knew, anticipated or should have known, or it must have been anticipated under any conditions by a person, for whom the user is responsible to that effect.

Other conditions of the user agreement

70. Trioparts OÜ sends out messages to the user either to their postal address, e-mail or the virtual account, depending on the content of the message. Message shall be deemed received by the user if five working days have passed from sending.

71. If the web page www.trioparts.com failed to function under the technical reasons, which resulted in lack of possibility for the user to use the service purchased from Trioparts OÜ, fully or partially, rendering of service by Trioparts OÜ to the user is automatically extended for a period of such error.

72. In the event that the conditions of the user agreement contradict the law of the country of registration of Trioparts OÜ, other parts of the user agreement shall remain in force.

73. Validity of this agreement shall be not affected by the circumstance that the parties have failed to agree about the conditions relevant for determination of their rights and obligations, and suggest that the agreement would have been concluded without such non-stipulated conditions. In this case, a condition will apply, which is reasonable, taking into the account such circumstances, pursuant to the wishes of the parties, the content and the purpose of the contract, аnd the fair practice.

74. A condition of this user agreement shall be interpreted taken together with other conditions of such agreement, assigning each of them a meaning pursuant to this user agreement as a whole. While interpreting the conditions, the interpretation is preferred which entails validity of the condition of the user agreement. In case of doubt concerning the sentence which may have more than one meaning, it should be understood in a way which is most suitable for the content, the conditions and the purpose of the agreement.

75. The obligations, stipulated by this user agreement, shall be performed within the fixed period. If the user agreement provides no terms, the obligations shall be performed not later than within five working days from filing a relevant claim on the part of the user of Trioparts OÜ.

76. Mutual disputes between user and Trioparts OÜ shall be settled by means of negotiations. In the event of failure, a dispute shall be settled in Harju County Court, in Estonia.

Termination and cancellation of the user agreement

77. The user agreement shall be terminated automatically, incl. locking by Trioparts OÜ the user’s access to the web page www.trioparts.com and locking by Trioparts OÜ the user account on the web page www.trioparts.com. Termination of the user agreement shall not excuse from performance of the duties under the user agreement.

78. The user agreement is terminated from the user account closure if the user performed all obligations provided by the user agreement and its integral parts.

Cost of service and order of payment

79. The cost (rates, payments, etc.) for registration on the web page www.trioparts.com, for the use of the web page www.trioparts.com, for the placement of user adverts and access for the information of adverts are fixed in the pricelist.

80. When paying for the services of Trioparts OÜ, the user shall be solely liable for the correct procedure of payment via external payments. Trioparts OÜ is not liable for ensuring receipt of the paid amounts.

81. Trioparts OÜ under no circumstances shall be liable for any potential damage, which occurs with non-receipt of the amounts paid. In case of problems during payment procedure, the user should address the attendant.

Deposit of Trioparts OÜ

82. Deposit of Trioparts OÜ is a deal of purchase & sale on the web page www.trioparts.com, carried out using intermediary bank transfer to the account of Trioparts OÜ.

83. The users are entitled to use the deposit of Trioparts OÜ for carrying out deal of purchase & sale on the web page www.trioparts.com.

84. The advantage of deal via the deposit of Trioparts OÜ is the safety of deal. The deposit of Trioparts OÜ is adjusted in a way, which allows the parties to avoid a risk of loss of cash, transferred to the deposit of Trioparts OÜ, when complying with the conditions of the user agreement, since they are deposited with Trioparts OÜ, and a seller is protected by the previously agreed conditions of the deal of purchase & sale. Such conditions of the user agreement and deal of purchase & sale guarantee avoidance of the most common fraud schemes and ensure the sense of confidence and comfort when purchasing.

85. Purchase & sale deal using the deposit of Trioparts OÜ is as follows:

· Buyer shall agree with seller about the cost and the quantity of goods, negotiate different conditions, incl. delivery of goods, cost of delivery, the payment procedure for goods delivery, the conditions for return of goods;

· Seller should specify if he takes goods back in case of problems, the procedure of the refund, how and who pays for delivery of goods in case of return.

· Buyer agrees to make payment via the deposit of Trioparts OÜ. Activation of button ‘Buy via deposit’ by the user will mean that the user agrees to make purchase via the deposit of Trioparts OÜ. In such case, a seller shall contact a buyer and agree about the cost and quantity of goods, agree different conditions, incl. delivery of goods, cost of delivery, the delivery payment procedure, the conditions of return;

· Seller specifies the exact amount of goods, quantity of goods and agrees to accept payment via the deposit;

· Buyer and seller inform Trioparts OÜ that they have agreed a deal of purchase & sale via the deposit of Trioparts OÜ, indicating the amount, which will be transferred to the deposit of Trioparts OÜ, and the seller’s bank account;

· Trioparts OÜ shall send out to a buyer the information for cash transfer to the Trioparts OÜ deposit, indicating the bank requisites of Trioparts OÜ;

· Buyer transfers cash to the Trioparts OÜ deposit. Payment via the deposit can be only triggered from the bank account, the name or business name of whose owner matches the name or business name of user of the web page www.trioparts.com. Involvement of third parties in deal of purchase & sale via the deposit is prohibited. Trioparts OÜ performs repayment of all cash receipts to the deposit from third parties to a person who carried out the cash transfer to the Trioparts OÜ deposit;

· Trioparts OÜ informs seller about cash receipt on the deposit of Trioparts OÜ. In case, that buyer fails to pay the deposit within 14 days from informing Trioparts OÜ by seller and buyer about reaching the agreement on carrying out a deal of purchase & sale via the deposit of Trioparts OÜ, such deal via the deposit will be automatically cancelled;

· Seller receives notification about cash receipt on the deposit of Trioparts OÜ;

· Seller sends an order to buyer in a previously agreed way. The name of a recipient and delivery address must match the data specified in a deal of purchase & sale between seller & buyer;

· Seller informs Trioparts OÜ that goods have been dispatched to buyer;

· Buyer confirms the receipt of order, informing Trioparts OÜ;

· Cash from the Trioparts OÜ deposit are transferred to seller within three working days from receipt of information from buyer, confirming the receipt of order. Payment of deposit is only possible to a bank account, the name or business name of whose owner matches the name or business name of user of the web page www.trioparts.com. Involvement of third parties in deal of purchase & sale via the deposit is prohibited;

· If buyer fails to confirm the receipt of order within 90 calendar days after dispatch of goods, such dispatch is deemed to be received upon expiration of such term. In this case, Trioparts OÜ shall transfer the cash from the Trioparts OÜ to seller in three working days upon expiration of 90 calendar days after dispatch of goods;

· In the event that there are problems with goods, their quantity or receipt, buyer shall inform seller and Trioparts OÜ thereof. After receiving such information, Trioparts OÜ shall stop any payments to seller from Trioparts OÜ deposit until settlement of dispute.

86. Deal of purchase & sale via Trioparts OÜ deposit can be cancelled either by seller or buyer before cash transfer to Trioparts OÜ deposit.

87. Payment via the deposit can be only triggered from the bank account, the name or business name of whose owner matches the name or business name of user of the web page www.trioparts.com.

88. Payment out of the deposit can be only executed on the bank account, the name or business name of whose owner matches the name or business name of user of the web page www.trioparts.com.

89. Involvement of third parties in deal of purchase & sale via the deposit is prohibited.

90. Trioparts OÜ shall perform the return of all cash receipts to the deposit from the third parties to a person, who triggered a cash transfer to the deposit of Trioparts OÜ.

91. In the event that buyer fails to pay the deposit within 14 about reaching the agreement on a deal of purchase & sale via the deposit of Trioparts OÜ, such deal via the deposit of Trioparts OÜ will be automatically cancelled.

92. In the event that buyer fails to confirm receipt of order within 90 calendar days after dispatch of goods, such dispatch is deemed to be received upon expiration of that term.

93. Each party may file a complaint on the web page www.trioparts.com from the virtual user account in a specially designated place or by e-mail.

94. Complaints, related to deal of purchase & sale, can cover any issue in regard to deal of purchase & sale. E.g., non-receipt of dispatch, wrong or defected goods, hidden defects, etc. The initial conditions of deal of purchase & sale must be considered: whether seller accepts return of goods, on what conditions, and what the return procedure look like.

95. In the event that complaint is filed, seller or buyer must submit reasonable arguments and proof of their claim.

96. Claim must in all cases contain the following: demands of seller or buyer; the amount of claim and the grounded calculation (if claim can be valued in cash); circumstances, on which the demands are based and evidence that prove them, with a reference to the relevant law (or a document of force, legally binding for the Parties); other information, required for the settlement of dispute.

97. A final solution by Trioparts OÜ is affected by the arguments of the users.

98. The users shall be notified about a solution produced by Trioparts OÜ thereof.

99. After solution, produced by Trioparts OÜ, neither complaint can be filed repeatedly nor current correspondence can be supplemented.

Pricelist

· Registration 0 €

· Use of the web page www.trioparts.com 0 €

· Advertising 0 €

· Access to information of user adverts 0 €

· Extra services 0 €

· Receipt of cash on deposit of Trioparts OÜ 0 €

· Payment out of cash from deposit of Trioparts OÜ 0 €

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[1] Trioparts OÜ is registered in the Estonian Commercial register, code of register 12917666.