Welcome
to the auction & sale site RailMarket.com
To use these pages, it is necessary that you read and accept the following
USERS AGREEMENT
1. GENERAL INSTRUCTIONS
The purpose of these pages is to put in contact people who produce or who sell
with people who buy, or look for:
- new or second hand pieces of railway
vehicles and
- other equipment necessary for railway traffic, or needed for the maintenance
of railway vehicles, and railway lines.
These pages are intended exclusively for sellers and buyers
of the said products.
RailMarket.com offers its services
to all legal persons and to private persons capable of performing business
activities.
RailMarket.com will not allow the
use of these Web pages to persons who are temporarily or continuously suspended
from business activities.
Except for the auction, which means a competition based on the principle of
the highest bidder, there is also the possibility of trading for a fixed price,
on the basis of "pay now", depending on the seller's wishes.
2. ISSUES OF RESPONSIBILITY
It is important to know that:
- the seller or the buyer, with whom RailMarket.com puts
you in contact, is not necessarily the person he presents himself as.
A trading object, as described by the seller, can be wrong and/or incomplete,
and the seller can show his property rights on the traded object only in a
direct contact with the buyer, after the completed auction or the action "buy
it now",
- the buyer can be insolvent,
- there is always the danger that any of the parties refuse to stipulate
the buying and selling contract, after the completed auction or the action "buy
it now".
Using these pages, you accept such risk and RailMarket.com cannot
be considered responsible for the user's possibly harmful activities.
Please keep in mind that RailMarket.com IS
NOT THE OWNER of the offered goods and that it DOES NOT SELL the goods put
on these pages, but simply connects the potential buyers and sellers, without
entering into the transaction between the buyer and the seller. As such, RailMarket.com does
not have control regarding quality, quantity, origin or other characteristics
of the offered object, so IT IS NOT RESPONSIBLE FOR ANY MATERIAL AND/OR LEGAL
DEFICIENCY.
RailMarket.com uses different methods
of positive identification of the user. However, RailMarket.com is
not in connection with users and is not responsible for their activities
after the concluded auction or the action "buy it now". Because
we use the Internet, it is impossible to identify the users with a 100% certainty.
As a result, therefore, RailMarket.com cannot
guarantee the exactness and veracity of the data about the users and NEITHER
IS IT RESPONSIBLE FOR THE SELLER'S ABILITY TO DELIVER THE OFFERED GOODS,
NOR FOR THE BUYER'S ABILITY TO PAY FOR THE BOUGHT GOODS. Furthermore, RailMarket.com does
not guarantee that the transaction will be actually effected, and IT IS NOT
RESPONSIBLE IN THE CASE THAT THE BUYING AND SELLING CONTRACT BETWEEN BUYER
AND SELLER HAS NOT BEEN STIPULATED EXACTLY OR FULLY.
Although RailMarket.com cannot influence
whether the trading agreement between the buyer and seller is real and fulfilled,
please keep in mind that by accepting this Users' Agreement, you have committed
yourself to respecting the principles of honesty, and the good working practices
deep-rooted in the trading of goods.
3. TO ALL USERS OF RailMarket.com
The user accepts his RESPONSIBILITY FOR ANY DAMAGE THAT, THROUGH INFRACTION
OF THIS COMMITMENT, COULD BE CAUSED TO OTHER USERS AND/OR TO THE OWNER OF
THESE WEB PAGES. The user is responsible for the exactness, completeness
and truthfulness of the updated data mentioned during the logging and in
the forms that he has to fill in before any kind of participation in activities
on these web pages.
The user accepts his RESPONSIBILITY FOR ANY DAMAGE THAT, WITH INFRACTION OF
THIS COMMITMENT, COULD BE CAUSED TO OTHER USERS AND/OR TO THE OWNER OF THESE
WEB PAGES.
Also, the user, by accepting this Users Agreement, commits himself to the general
principle of honesty in legal trade and with the customs and good working practices
deep rooted in trading of goods.
4. TO POTENTIAL SELLERS
Register and fill in the form "SELL" and RailMarket.com will
publish your offer for sale.
THE OBJECT THAT YOU SELL MUST BE YOUR PROPERTY, OR YOU SHOULD HAVE AN EXCLUSIVE
WRITTEN MANDATE FROM THE OWNER FOR SELLING THE OBJECT.
You have to describe EXACTLY, COMPLETELY AND TRULY the object that you sell,
describing its technical and other characteristics, the producer, the state
of location, the year of production, and for used objects also the grade of
wear and tear.
Your description can include only text, pictures and graphics. The identity of the seller should not be revealed
neither in the goods description nor in the photos attached.
You can offer the goods that you want to sell for a fixed price, on the principle
of "buy it now", you can put it up on auction, or you can offer it
to a buyer that is searching for goods through "looking for" pages.
When the buyer accepts your goods offered through "looking for",
through the option "buy it now" or when the auction is successfully
completed, RailMarket.com will connect
you with the buyer.
RailMarket.com will inform you about
the results of your offer on "looking for", the action "buy
it now" and the auction via e-mail.
If the object you offer is not sold at the first auction, and if you agree, RailMarket.com will
continue with further auctions. It will be considered that you agree to continue
the auction if you do not inform us that you withdraw from further sale attempts,
by sending us an e-mail within four days from the end of the unsuccessful auction.
You can withdrawal from auction anytime, unless the auction has already begun.
If you want to interrupt the action "buy it now", you can do it anytime
directly on the site.
When the auction, or the action "buy it now" are successfully completed,
or the buyer has accepted within four days your offer on "looking for",
you have to sell the object to the buyer under the published conditions, except
in case of insolvency of the buyer.
5. TO POTENTIAL BUYERS
Register, fill in the form "BUY" , and give your offer for the auction
or buy directly the object offered at the action "buy it now".
The price increase during the bidding is minimum 5 units of the chosen currency
(USD or EUR). In case of bidding when more pieces of the same items is on sale,
the goods are taken from the last bidder that offered the lowest price.
If you have offered the highest price at the auction, we will inform you by
e-mail that you have won the auction, and we will put you in contact with the
seller.
If you need some more information about the object you would like to buy, send
us by e-mail your question and RailMarket.com will,
on your demand, request from the seller all the data that you want to know.
By bidding for a certain object or choosing an object on the action "buy
it now", you accept the conditions of sale, mentioned by the seller for
every auction/ action "buy it now".
As the best bidder at the auction you have to buy the bidden object at the
price you offered and under the published conditions of the auction.
By accepting the price and the published conditions of the action "buy
it now", you have committed yourself to buy the selected object under
the same conditions.
You can desist from stipulating a trading agreement with the seller only in
the case that the trading object is not the seller's property, or he has not
been appointed to its sale, and/or if there are serious deficiencies in the
object, or if the object does not correspond to the description and characteristics
given in the offer published on RailMarket.com .
6. TO THOSE WHO ARE LOOKING FOR CERTAIN PRODUCTS
Register and fill in the form "LOOKING FOR". Your identity should not be revealed
neither in the goods description nor in eventual photos attached.
Wait for offers. When you receive an offer that you think is appropriate, we
will put you in contact with the seller.
All the regulations of this Users Agreement, which apply to buyers, are binding
on you.
7. OUR FEES
During the year 2006 RailMarket.com shall
not apply any fee, except the one for privileged insertions (€ 10,00). RailMarket.com will
deliver the invoice to any user who pays a determined fee by e-mail after the
payment has been completed.
Additional services and different advertising services are paid separately
according to the Price-list of additional and advertising services.
8. SUSPENSION OF USERS AND ACTIVITIES
RailMarket.com has the right to
suspend without restriction, explanation and prior warning, the user (temporarily
or permanently) if he is suspected of having acted contrarily to conditions
in this Users Agreement and/or can harm the reputation of these web pages.
RailMarket.com has the right to
limit your activities, to suspend immediately auctions and offers, to warn
other users and admonish you, or to suspend your membership temporarily or
permanently, if:
- You violate the terms of this Users Agreement,
- We cannot check with full certainty the data that you gave during the
registration or in the form of users,
- We consider that your activities can harm other users or RailMarket.com pages,
- You do not settle the issued accounts even after you received the admonishment,
- You participate in artificial raising the price of objects on auction,
- The buyer informs us that the characteristics of the offered or bought
object are different from those published and, in that case, he has been misled,
- The seller informs us that the buyer is insolvent or that he did not
respect the agreed conditions of payment.
9. YOUR DATA
Your data is defined as information that you give during registration and the
filling-in of the corresponding users' forms. Your data is confidential.
You are responsible for the exactness, completeness and truthfulness of the
data.
RailMarket.com guarantees that the
data you gave will not be illegally distributed, and that the same will be
sent only to persons that, in accordance with this Users Agreement, have
the right to have them, such as sellers or buyers.
10 PROHIBITED BEHAVIOR
It is prohibited, with threat of suspension, for the users to:
- Artificially increase the object's price at auction, in agreement with
(or without) the seller,
- behave contrarily to the terms of this Users Agreement, or to the principle
of honesty in law and/or to the uses and good working customs in the trading
of goods,
- send messages or data bank that contain viruses, Trojan horses, or worms
and such like, and that can harm RailMarket.com ,
or its users,
- copy, reproduce, distribute data from these pages partially or completely
or break copyrights connected to RailMarket.com web
pages.
11. ANTI-SPAM
Our anti-spam politics is very clear - we do not allow spam. RailMarket.com will
never send you messages on subjects about which you did not agree to accept
in the Users Agreement. An exception may be made only for messages that refer
to administration of web pages (for instance warnings about a temporary work
stoppage or important work changes).
Our newsletter can contain advertising messages, but we point out that receiving
newsletters is not obligatory. By agreeing to receive newsletters, you accept
also to receive advertising messages that can be included in them.
Do not believe in advertising messages which claim to be sent by us, but report
the sender to his Internet Provider. We ask you to report all the spam messages
that could be connected to our pages, to our web address.
12. FORUM
All the registered members have the right to participate in the Forum. We invite
you to contribute to the quality of these pages by participating in the Forum.
Forum is open for all the topics that are not contrary to the data privacy
of sellers and buyers. The moderator of the Forum has the right to propose
deletion or change of messages that are not considered appropriate, with
the Users Agreement.
13. CHANGES OF THE USERS AGREEMENT
RailMarket.com is authorized to
change the Users Agreement, and the changes are in force from the publishing
day on RailMarket.com pages.
Changes to Price-list of additional and advertising services will be issued
15 days before they are enforced or applied.
14. COMPETENT RIGHT, JURISDICTION
Dispositions of this Users Agreement, above all, will be applied on rights
and obligations between RailMarket.com and
the user.
In case of any doubt about the explanation of contractual dispositions, the
same will be explained in accordance to law regulations of the Republic of
Croatia. The same law will be applied for validity, as well as for annulment
of Users Agreement and of all the contractual rights and obligations.
In the case of any lawsuit between the user and RailMarket.com ,
it will be judged in respect of the law of the Republic of Croatia and under
the jurisdiction of the Trade Court in Zagreb.