Rules for conducting an electronic auction
These Rules determine the procedure for conducting an electronic auction for the sale of goods under the AmberTrade trademark owned by the company LLC “Sun-Craft Centre”, as well as the purchase of the won lots.
1. Terms and definitions used in the Rules:
Auction – a form of electronic trading for the right to purchase goods of AmberTrade trademark and conclude an agreement, the winner of which is the participant who offered the highest price for the goods;
Auction Organizer – the company LLC “Sun-Craft Centre” (hereinafter also referred to as the Seller), established and operating in accordance with the legislation of Ukraine, whose location is: 5 Poliska Str., urban-type settlement Volodymyrets, Volodymyretskyi district, Rivne region, 34300, Ukraine, legal entity code: 35193572, engaged in industrial extraction and processing of raw amber in Western Ukraine;
Auction Participant – a person who has accepted the terms of these Rules in the manner described below (without exceptions, additions and reservations);
Lot – goods in respect of which auctions are conducted between Auction Participants, essential data (name, quantitative and qualitative characteristics, cost, payment and delivery methods) about which are placed by the Seller on the Marketplace;
Marketplace – Seller’s website: www.ambertrade.com.ua;
Initial price – the initial (minimum) price of the lot, determined by the Auction Organizer;
Goods – amber and amber products, the assortment of which is presented on the Marketplace;
Bid – an offer of the Auction Participant for the purchase of the lot. Bids for auctions are setting in USD for Buyers outside the territory of Ukraine and UAH for Buyers on the territory of Ukraine;
Best bid – the highest bid of all Auction Participants;
Second bid – the second highest bid after the best bid, according to the auction step;
Auction step – the amount of increase in the initial lot price;
Current price – the price of the lot, which is payable by the Auction Participant who offered the best bid;
Auction Winner/Buyer – Auction Participant who offered the best bid at the end of the auction, provided that the final price is not lower than the Initial Price;
2. General provisions:
2.1. Access to the Marketplace for participation in auctions is open.
2.2. To participate in the auction, a potential participant must register and get access to the Marketplace.
2.3. The Auction Organizer undertakes to ensure the confidentiality of the information provided by the Auction Participants when registering on the Marketplace. A private person, an Auction Participant, provides the Organizer with consent to the processing of his personal data from the moment of registration on the Marketplace.
2.4. From the moment of registration on the Marketplace, the Auction Participant accepts all the conditions of these Rules without any exceptions and / or restrictions.
2.5. Notification of amendments (additions) to the Rules is carried out by the Auction Organizer by obligatory posting of these amendments (additions) on the website www.ambertrade.com.ua.
Any amendments and additions to the Rules equally apply to all persons who have registered on the Marketplace, including those registered earlier than the date of entry into force of the amendments (additions).
2.6. The Auction Participant recognizes the legal force of notifications and messages sent by the Auction Organizer to his email address specified during registration on the Marketplace.
2.7. The Auction Organizer has the right to withdraw the lot from the auction at any time, but not later than the date and time of the end of the auction.
2.8. When conducting an auction, the Seller may use collateral to guarantee the purchase of the winning lots. For security, the following can be applied: the amount of money to the Seller’s bank account, other methods of securing obligations, which the Seller determines.
3. Conducting the auction:
3.1. To get the opportunity to participate in the auction, a person who wants to become a Participant in the auction, fills out an electronic application for registration on the Marketplace in the “Auction” section, indicating the necessary information established by the Auction Organizer.
3.2. After completing clause 3.1, the person who wants to become a Participant in the auction must confirm the data specified during registration (go to the personal account on the website on the Marketplace, specifying the information (login, password, one-time code to confirm registration) received from the Auction Organizer.
3.3. After successful registration, the Participant gets access to the Marketplace to participate in the auction.
3.4. Notification of the auction, its terms and conditions is made by the Auction Organizer by publishing the lots in the “Auction” section on the Marketplace.
3.5. The start time and end time of the auction for each lot are determined by the Organizer and published on the Marketplace.
3.6. To participate in the auction, the Participant must enter in to the Marketplace using his login and password, open the “Auction” section and select the lot he is interested in.
3.7. The change in the bid is made by the Auction Participant in the “Your Bid” window on the page of the lot for which the auction is being held. The bid must exceed the Current Bid by the amount of the auction step.
3.8. The Auction Participant may refuse to participate in the auction during the auction if the bid set by him is not the Best Bid or the Second Bid for the lot.
3.9. The winner of the auction would be the Participant who offered the highest price for the lot and the right to conclude an agreement.
3.10. The auction is considered invalid if none of the Participants offered any bids during the bidding process.
3.11. According to the results of the auction, within 5 working days from the closing of the auction, the Organizer generates and sends to the Auction Winner an invoice and a purchase & sale agreement by email. Standard forms of invoices and contracts are posted on the Marketplace.
4. Cost of goods, terms of payment, procedure for drawing up a contract:
4.1. The initial price of the goods is placed on the Seller’s Trading Marketplace.
4.2. The price of the goods indicated on the Seller’s Marketplace does not include VAT, the cost of delivery of the goods to the Buyer’s address and its customs clearance when exporting from the territory of Ukraine. VAT is not charged on the export of goods from the customs territory of Ukraine.
4.3. The price and value of the goods to be delivered and paid for by the Buyer are indicated i]n the invoice, which is sent to the Auction Winner. The price of the goods includes the cost of packaging, labeling.
4.4. The payment currency settled in USD for Buyers outside the territory of Ukraine and UAH for Buyers on the territory of Ukraine;
4.6. Payment for the goods is made by the Winner of the auction on the terms of 100% prepayment within 7 days from the date of the invoice issued by the Seller. Jointly with the payment of the goods, the Auction Winner must sign the purchase & sale agreement and send the signed agreement to the Seller’s e-mail.
4.7. The date of payment is the date the funds are credited to the Seller’s bank account.
4.8. All costs of the Seller’s bank and correspondent banks related to the payment are borne by the Seller, all costs of the buyer’s bank are borne by the Buyer.
4.9. The buyer outside the territory of Ukraine pays all customs duties, fees and taxes on the territory of his country, as well as the costs of customs clearance of goods on his territory (unless otherwise agreed in the invoice).
4.10. The Seller has the right to unilaterally revise and change the price of the goods. The Seller notifies the buyer of the introduction of new prices by posting new prices on the Marketplace. The price of the goods for which the invoice is issued by the Seller cannot be changed, provided that the Buyer pays for the goods on time.
4.11. In case of non-payment of the goods or failure to sign the contract in accordance with clause 4.6 of these Rules, it is considered that the Auction Winner refused to conclude the sale & purchase agreement, and the right to purchase the lot passes to the Bidder who offered the Second bid. In this case, the Auction Winner loses the security if it was used by the Auction Organizer.
4.12. When the right of purchase is transferred to the Bidder who offered the Second Bid, the terms of payment and signing of the contract set out above apply.
5. Terms of delivery of goods:
5.1. For Buyers in Ukraine, the following types of delivery are available:
– pickup from the Seller’s warehouse;
– delivery to the Buyer.
5.2. The cost, terms and conditions of delivery are agreed with the Buyer separately when issuing an invoice.
5.3. For Buyers outside the territory of Ukraine, the following types of delivery are available:
– door-to-airport delivery: includes air delivery from the Seller’s warehouse to the Buyer’s airport, all export operations (delivery from the Seller’s warehouse to the Seller’s airport, export clearance of goods for export, operational processing of goods at the Seller’s airport). At the same time, the Buyer independently performs customs clearance of the goods upon import, the cost of operational processing of the goods at the Buyer’s airport, and delivery from the airport to its warehouse.
– door-to-door delivery: includes air delivery from the Seller’s warehouse to the Buyer’s warehouse, all export/import operations (delivery from the Seller’s warehouse to the Seller’s airport, export/import customs clearance, operational processing of goods at the Seller’s airport/Buyer’s warehouse), delivery to the Buyer’s warehouse;
5.4. The goods are delivered in the Seller’s packaging. The packaging must ensure the integrity of the goods during transportation to the Buyer.
6. Other terms and conditions:
6.1. All additional conditions for the sale of goods that are not specified in these Rules are determined in the sales contract and invoice.
6.2. Other rules for concluding and signing an agreement may be specified in the standard forms of these agreements, posted on the Marketplace.