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General Limitation of Liability

Mezzoforte Oy (later ‘auctioneer’) shall not be held responsible for any damage or loss occurred as a result of a bidder’s negligence of the general rules of auction provided on this web page. Neither shall Mezzoforte Oy be held responsible for actions or inactions by other party, including damages based or connected with other parties’ auction announcements or products offered by other parties or other objects of auction.

Upon participation in auction, one shall understand and accept that web auction cannot in all respects be paralleled with traditional auction and that every seller has the right to sell in a web auction on sales and other terms determined by the seller, using both fixed prices, rising or decreasing bets. The seller is also solely responsible for the legality of the object of auction and legality of the sales.

The auctioneer is not and does not at any stage of the auction become the owner of the target of auction nor is the auctioneer a party in a contract between the seller and the buyer. Thus the auctioneer does not verify the condition of the object of auction, rights of the seller to sell the object of auction or other qualifications in any respect. The auctioneer does therefore not examine condition, security or legality of the object of auction, correctness of the sales lists, correctness of messages sent by participators of the auction, the capability of the sellers to sell or convey nor the buyers’ capability to purchase or acquire objects of auction, nor whether or not the parties of the auction will eventually implement the sale.

Participator in the auction is solely responsible for its actions related to the auction according to the laws applicable as well as all objects of auction that a participator has placed in auction. All announcements sent by the seller are published on the web pages as they are received.

The seller shall immediately verify the rightfulness of its announcement as soon as it is published on the web pages and take actions in order to remove or rectify the announcement in case it is not correct.

Although the auctioneer shall apply available techniques that aim to verify the accuracy and truthfulness of information provided by the users, user verification in a web-based application is difficult and thus the auctioneer shall not be held responsible for ensuring the accuracy or truthfulness of the identities or validity of the information provided or posted by the users on the auctioning web page.

The auctioneer does not publish announcements by other auctioneers, unless separately agreed upon. In case such an announcement is published, the auctioneer shall remove it from its web page immediately.

The auctioneer cannot ensure continuous or secure access to its server and the web page may be interfered with by numerous factors outside of the auctioneer’s control. Although all reasonable efforts shall be made in order to prevent interruptions in service, access to the web page or the services cannot be guaranteed. The auctioneer is in no respect responsible on behalf of itself, its agents, its contractual partners, parent or subsidiary companies or third parties, whether the responsibility is based on contract, tort, malpractice, negligence or other circumstance, for any direct or consequential damage related to the participation in an auction, this web page or services of the auctioneer to a participator in the auction or a third party.

The auctioneer may publish a link to a translation application or service. The auctioning web page may contain and enable the use of translation tools produced and implemented by third party service providers. The auctioneer is to no extent responsible for rightfulness, appropriateness or possible damage created by or with the aforementioned translation tools.

If the auctioneer is found liable for some aforementioned damage, the liability of the auctioneer shall be at most limited to the cumulative amount of auctioneer fees that the participator in an auction has paid to the auctioneer during the period of last six months or to 500,00 euro liability, whichever is greater.

These limitations of liability do not limit the liability of the auctioneer in case the liability is based on fraudulent conduct, intent or gross negligence or if the limitation of liability is otherwise against the applicable legislation.