Terms of use

SIA "MEŽA BIRŽA" (MEZABIRZA.LV) (registration No. LV44103084337, legal address - Mazā Krasta iela 39 - 11, LV-1003, Latvia), on one side, and a natural or legal person who registers their username on the website www.mezabirza.lv (hereinafter referred to as the USER), on the other side (together - the PARTIES), enter into the following agreement for the provision and use of internet services (hereinafter referred to as the Agreement).

By registering their username on the website www.mezabirza.lv, the USER confirms that they are a legally capable natural or legal person. The representative of a legal person simultaneously confirms that they are authorized to represent and act on behalf of the legal person. By entering into the Agreement, the USER confirms that they have familiarized themselves with the MEZABIRZA.LV Terms of Use (hereinafter referred to as the Terms of Use), which are an integral part of this Agreement, and undertakes to comply with them.

1. Subject Matter of the Agreement
1.1. MEZABIRZA.LV provides electronic SERVICES on the website www.mezabirza.lv, while the USER uses them and pays for them in accordance with the price list and the Terms of Use.
1.2. The PARTIES agree that MEZABIRZA.LV will send invoices for the provision of services in electronic form, and they will be valid without the signature of the issuer.

2. Rights and Obligations of the Service Provider
2.1. MEZABIRZA.LV maintains and administers the website www.mezabirza.lv.
2.2. MEZABIRZA.LV does not participate in legal relations between USERS who wish to conclude or have concluded a purchase transaction through the intermediary of the website www.mezabirza.lv. MEZABIRZA.LV is neither a seller nor a buyer, nor is it authorized as a seller, buyer, or any other auction participant. Likewise, MEZABIRZA.LV is not a broker in sales, does not participate in negotiations between USERS, nor does it participate in the conclusion of purchase agreements and the execution of such transactions.
2.3. MEZABIRZA.LV participates in dispute resolution upon USER invitation, related to legal transactions concluded through the website www.mezabirza.lv, without assuming responsibility for the outcome of the dispute and the decisions made by the USERS.
2.4. MEZABIRZA.LV is not responsible for the incorrect or unlawful use of the SERVICES by the USER.
2.5. MEZABIRZA.LV is not responsible and does not assume liability for the accuracy and compliance with the actual situation of any information provided by the USER.
2.6. MEZABIRZA.LV is not liable if the USER has been unable to access the website www.mezabirza.lv and use the SERVICES offered by MEZABIRZA.LV due to any technical circumstances or other reasons beyond MEZABIRZA.LV's control.
2.7. MEZABIRZA.LV has the right to immediately restrict or terminate the USER's access to the SERVICES, as well as remove the information posted by the USER on the website www.mezabirza.lv, if the USER fails to comply with or violates the Agreement or the Terms of Use.
2.8. MEZABIRZA.LV is not liable for any losses incurred by the USER due to the disclosure of their user access data (username, password, etc.) or if such data has been unlawfully accessed by third parties.
2.9. MEZABIRZA.LV undertakes to comply with the protection of Personal Data and process data only for the performance of contractual obligations in accordance with the legislation of the Republic of Latvia.

3. User Rights and Obligations
3.1. The USER has the right to use the SERVICES provided by MEZABIRZA.LV on the website www.mezabirza.lv.
3.2. The USER is obligated to make payment for the SERVICES provided by MEZABIRZA.LV in accordance with the price list and the terms set forth in the Terms of Use.
3.3. The USER, when registering and using the SERVICES of the website www.mezabirza.lv, shall provide truthful information.
3.4. The USER undertakes not to disclose their user access data (username, password, etc.) to third parties, and also ensures that the aforementioned user access data does not fall into the hands of third parties.
3.5. The USER agrees that MEZABIRZA.LV may provide the contact information provided by the USER upon registration on the website www.mezabirza.lv to another USER if necessary for the performance of obligations established through the intermediary of the website www.mezabirza.lv.
3.6. The USER undertakes to ensure the protection of Personal Data of other USERS that have come into its possession and undertakes not to disclose this data to third parties.
3.7. The USER undertakes to promptly inform MEZABIRZA.LV if it is not possible to use any of the SERVICES.
3.8. The USER is prohibited from damaging, altering, or tampering with the MEZABIRZA.LV software, bypassing software protection, deceiving or avoiding it through technological or any other means.
3.9. The USER undertakes to indemnify MEZABIRZA.LV and third parties for losses incurred by them as a result of the USER's unlawful actions.
3.10. The USER agrees to the processing of their Personal Data for the performance of contractual obligations.

3.11 When using the services of the website MEZABIRZA.LV, the USER certifies that they will not simultaneously use other sales platforms or channels to publish specific auction items, including forests or real estate.

4. Term of Agreement, Amendment, and Termination of Agreement
4.1. The Agreement is concluded electronically between MEZABIRZA.LV and the USER and enters into force at the moment when MEZABIRZA.LV has confirmed the USER's registration, which the USER has completed on the website www.mezabirza.lv.
4.2. The Agreement is concluded for an indefinite period.
4.3. MEZABIRZA.LV has the right to make amendments to the Agreement and the Terms of Use by publishing the relevant amendments on the website www.mezabirza.lv.
4.4. MEZABIRZA.LV has the right to unilaterally terminate the Agreement immediately by notifying the USER if the USER fails to fulfill the obligations specified in the Agreement.
4.5. The USER and MEZABIRZA.LV have the right to unilaterally terminate the Agreement by notifying the other Party at least 30 (thirty) days in advance.

5. Legal Remedies and Other Provisions
5.1. The PARTIES agree to resolve all disputes or disagreements that may arise after the conclusion of this Agreement to the extent possible through negotiations. If disputes cannot be resolved through negotiations, they shall be resolved in accordance with the procedure established by the laws of the Republic of Latvia in the general jurisdiction courts.
5.2. All notifications within the framework of this Agreement shall be deemed delivered if they are sent to MEZABIRZA.LV at the address info@mezabirza.lv, and to the USER at the electronic mail address specified in their MEZABIRZA.LV user profile.

USAGE TERMS

Definitions and Abbreviations
Administrator – maintainer of the auction system, responsible for ensuring and monitoring the auction's operation on the website www.mezabirza.lv.
Clearcut – one or more forest plots or their parts intended for the felling of mature trees.
CPL – clearcut purchase agreement.
Internet Auction (hereinafter referred to as "Auction") - an auction placed on the website www.mezabirza.lv.
Individual Clearcut Purchase Terms - Auction terms for clearcut purchases (for example, limited clearcut development period, purchase fee within a specific period, and similar terms that may significantly affect the value of the clearcut) specified by the Seller when applying for the auction of the clearcut.
Auction System - the website www.mezabirza.lv, which provides the organization of auctions.
Auction Participant – a natural or legal person who, in accordance with these Terms and other laws, has the right to sell and/or purchase clearcuts through the Auction system and who has registered with the Auction system as its user.
Auction Period – the period between the start/end date/time of the Auction. The end date and time of the auction are specified by the Auction participant when registering the auction in the Auction system. The auction end time is extended by two minutes if a new bid is registered in the last minute of the auction.
Starting Price of the Auction – the lowest possible bidding price for the auctioned item.
User - a registered user of the website www.mezabirza.lv.
Agreement - an electronic service agreement for the use of the Auction system, concluded between the User and the Administrator.
Bidder - an Auction participant participating in the Auction with the aim of purchasing the clearcut or other auctioned property.
Highest Bidder - a Bidder who has made the highest bid in the Auction and obtained the right to conclude a purchase agreement.
Highest Bid Clearcut – the Clearcut that has received the highest bid in the Auction.
Seller - an Auction participant who participates in the Auction as the owner or representative of the auctioned object.
Buyer - the status obtained by the Highest Bidder at the moment of signing the purchase agreement.
Agreement – a post-payment agreement between the User and SIA Meža birža.

1. Participant Registration
1.1. An individual or entity wishing to participate on the website www.mezabirza.lv as an Auction participant submits a registration application using the new user registration form. The registration form includes the "Electronic Service Agreement," which the individual electronically confirms upon registration.
1.2. Upon receiving the registration application, the Administrator confirms the user's registration application as soon as possible. The Administrator has the right to reject the user's registration application if the applicant has not provided all the information necessary for the execution of the Agreement.
1.3. Before confirming the user's registration application, the Administrator has the right to request electronically submitted documents from the applicant that certify their identity or authority to represent.

2. Payment for Services Provided by the Auction System
2.1. Payment for services provided by the Auction system is made using virtual payment points (hereinafter referred to as "Tokens"), which the User can purchase in the "My Account" section of the Auction system by selecting "Buy Tokens."
2.2. To purchase Tokens, the User must specify the desired quantity of Tokens and provide billing details in the Token purchase form. After completing the form, the User will receive an electronic invoice, which will be sent to the User via email and stored in the "My Account" section under the "Tokens" subsection "My Invoices."
2.3. Upon receiving payment, the Administrator credits the quantity of Tokens specified by the User to the User's profile (hereinafter referred to as the "Balance"). To expedite the crediting of Tokens to the Balance, the User can send a payment order for the invoice payment to info@mezabirza.lv.
2.4. The fee for each service provided by the Auction system is specified in the "Membership Fees" subsection of the "Help" section of the Auction system (hereinafter referred to as the "Price List"), as well as in each respective form of the Auction system service.
2.5. Money spent on purchasing Tokens will not be refunded to the User.

3. Using the Auction System
3.1. Registration and use of the Auction system are free of charge.
3.2. For certain services provided by the Auction system, payment must be made according to the Price List.

4. Applying for an Auction
4.1. When applying for an auction of a forest stand or other property, the Seller enters the data of the auctioned object into the Auction system. The required information is available in the main menu sections of the Auction system for "Buyers" and "Sellers."
4.2. When submitting an application for an Internet auction, the quantity of Tokens is deducted from the Seller's Balance according to the Price List.
4.3. The Administrator reviews the submitted Internet auction application in the Auction system and makes a decision to approve or reject the auction. In the event of rejection, the Administrator provides a reasoned explanation, indicating the remediable deficiencies.
4.4. If the auction is not won, Tokens are not deducted for its reposting.
4.5. The Administrator has the right to remove the Auction from the Auction system and/or suspend the Auction, publishing a relevant announcement in the Auction system, if significant errors are found in the data of forest stands or other properties, or if facts are discovered indicating that the auctioning of a particular auctioned object does not comply with the Agreement or the Terms of Use.

5. Auction Process
5.1. The Bidder has the right to inspect the forest stand in nature and conduct a timber inspection (tasting) before the auction.
5.2. Before making a bid in the Auction, the Bidder is obligated to familiarize themselves with the Terms of Use, as well as with the Individual Timber Purchase Terms, if specified in the Auction.
5.3. If the Bidder makes a bid in the Auction system, it means that:
5.3.1. The Bidder has familiarized themselves with the terms of the Agreement, the Terms of Use, and the Individual Timber Purchase Terms;
5.3.2. The Bidder has no claims against the actual condition of the auctioned object or other auctioned units;
5.3.3. The Bidder guarantees to pay the winning purchase price.
5.4. In order to make a Bid, the User's Balance must have a quantity of Tokens corresponding to the relevant Auction Commission fee, according to the Price List.
5.5. Users who have entered into an Agreement are given the opportunity to bid without Tokens in their Balance, in accordance with the Agreement terms.
5.6. The Tokens are deducted from the Balance of the Auction Winner in accordance with the Price List or, if an Agreement has been concluded, a post-payment invoice is issued, according to the Price List.
5.7. Bidding in the Auction is free of charge.
5.8. During the Auction, the Bidder can make an unlimited number of bids.
5.9. The Administrator has the right to block bidding for an Auction participant who:
5.9.1. has won but not purchased a forest stand with a restricted development period related to infrastructure construction, nature conservation requirements, sanitary condition, or non-productive forest stand harvesting;
5.9.2. has not complied with the terms of a previously concluded purchase agreement;
5.9.3. has received negative feedback from other auction system users for non-compliance with the Terms of Use or contractual obligations;
5.9.4. has not paid the Commission fee for a previously won Auction.

6. Auction Conclusion
6.1. The specific auctioned object or other auction units are awarded to the Bidder who offered the highest price during the Auction, thereby acquiring the status of the Auction Winner and the right to conclude a purchase agreement.
6.2. After the auction concludes, the Auction Winner receives the Seller's contact information to further arrange the necessary steps for concluding the purchase agreement.

7. General Purchase Terms
7.1. These terms apply to all Auctions unless otherwise specified in the Individual Purchase Terms.
7.2. The Auction Winner must conclude the Agreement with the Seller within 5 (five) working days from the day the Auction concludes.
7.3. The Auction Winner must pay the agreed purchase price to the Seller within 10 (ten) working days from the date of contract conclusion unless otherwise specified in the contract.
7.4. Upon receiving the agreed purchase price, the Seller provides the Buyer with a copy of the logging certificate.
7.5. Logging operations may commence only after the full agreed purchase price for the forest stand has been paid.
7.6. If the Auction Winner fails to sign the agreement within 5 (five) working days from the day the auction concludes, they forfeit their status as the Auction Winner.
7.7. If the Auction Winner fails to pay the purchase price within 15 (fifteen) working days from the contract conclusion date, the concluded contract becomes void.
7.8. In the event no bids are received during the Auction or if the Auction Winner loses their status, the Seller or Seller's representative, in coordination with the Administrator, may take one of the following actions:
7.8.1. Offer the unpurchased forest stand to the Bidder who made the second-highest bid in the Auction (applies when at least two Bidders participated in the Auction);
7.8.2. Conduct a repeated auction of the auctioned object (without an additional fee for placing the Auction in the Auction system);
7.8.3. Exclude the unpurchased forest stand from the list of auctioned stands.