Terms of Use

1.1. These Terms of Use (hereinafter the Terms) govern the use of the online platform (hereinafter the Platform) operated by Glara Sport OÜ (hereinafter Glara Sport).

1.2. Glara Sport's contact details are:

1.2.1. registry code: 17478817;

1.2.2. address: Lõõtsa tn 5, 50109 Tartu, Tartu County, Estonia;

1.2.3. email address: support@glarasport.com.

1.2.4. telephone: +372 5649 4054.

1.3. The Platform allows users who have created an account (hereinafter a User) to buy and sell items solely within the closed online environment operated by Glara Sport.

1.4. Glara Sport provides Users with an online service through which Users can sell and buy items (hereinafter the Service). Glara Sport provides the Service through Glara Sport's online information system (the Platform) at www.glarasport.com.

1.5. Glara Sport is not a party to the sales contract concluded between the Buyer and the Seller, but, in accordance with these Terms, provides a service for receiving and disbursing funds to support the performance of sales contracts concluded by Users and assists Users in resolving claims on the grounds set out in section 9 of the Terms.

1.6. The Platform constitutes a limited network of registered Users. To display items offered for sale on the Platform, Glara Sport allows a User to create a personal page (hereinafter the Online Shop) to which images and descriptions of items for sale may be uploaded. Glara Sport has the right to determine the conditions for Users to belong to the Platform, limit the number of Users and remove Users from the Platform in accordance with these Terms.

1.7. By using the Platform, the User confirms that they have read and accepted the Terms of Use.

1.8. In these Terms, the terms “User”, “Seller” and “Buyer” may be used interchangeably depending on the context. These terms cover all persons who use the Platform and/or buy or sell goods through it.

2.1. To access the Glara Sport Platform, a User creates a user account and signs in through a third-party interface (such as Google, Facebook or Apple) or another method supported by the Platform.

2.2. The User:

• must be at least 18 years old or use the Platform with the consent of their legal representative;
• is responsible for the accuracy of their account details;
• is responsible for all activity carried out through their account.

2.3. Glara Sport OÜ has the right to require identity verification.

2.4. By creating a user account or signing in to the Platform, the User is deemed to have accepted these Terms.

2.5. The User undertakes to keep the credentials used to sign in to the Platform confidential and prevent them from becoming available to third parties. The User is responsible for all actions carried out through their user account. Glara Sport must be notified immediately of any suspected misuse of an account by email at support@glarasport.com.

2.6. A User may use only a user account created in their own name on the Platform. Glara Sport has the right to suspend or permanently close a user account if there are reasonable grounds to suspect that the account was created using false information or is used for fraud, breach of the Terms or otherwise unlawfully.

3.1. The Glara Sport Platform provides Users with a virtual platform that enables Users registered on the website to offer items for sale.

3.2. A Seller using the Platform to sell items may be a trader acting for purposes related to their business or professional activities, or a natural person acting for purposes unrelated to their business or professional activities.

3.3. To support the performance of sales contracts concluded by Users, Glara Sport provides a service under which the Buyer pays the purchase amount through the Platform, Glara Sport receives the payment through a payment service provider (currently AS LHV Pank, although Glara Sport reserves the right to change the payment service provider without prior notice to Users), temporarily places the received funds in Glara Sport OÜ's bank account solely for processing sales transactions and disbursing funds to the Seller until receipt of the goods is confirmed or a claim is resolved, and then pays the Seller the amount less the Platform service fee or refunds the Buyer in the cases specified in these Terms. To withhold the service fee, Glara Sport issues the Seller an electronic invoice which the customer may download from the Glara Sport Platform. Payments made on the Platform may be used only on the Platform and only to purchase items offered through the Platform. They may not be used for general money transfers, payments to third parties, performance of transactions concluded outside the Platform or any other independent payment or transfer-of-value purpose.

3.4. The Seller hereby authorises Glara Sport to act on the Seller's behalf to receive payments for goods sold through the Platform.

3.5. Glara Sport is not a party to any sales or other contract concluded between the Buyer and the Seller and is not responsible for the goods that are the subject of such a contract, their description, quality, characteristics or legality, or for information published by the Seller. All complaints, enquiries and claims concerning items on the Platform must be submitted directly to the Seller through the Platform's messaging system. Without limitation, Glara Sport is not responsible for:

3.5.1. the quality or characteristics of items bought or sold through the Platform;

3.5.2. the truthfulness or legality of information published by the Seller on the Platform.

4.1. Opening an Online Shop and adding products to it are free of charge.

4.2. When adding an item to the Platform, the Seller selects one or more transport service providers from the options offered by the Platform.

4.3. The Buyer finds a product of interest on the Platform and pays using one of the payment methods available on the Platform. Glara Sport receives the purchase amount paid by the Buyer in accordance with clause 3.3 of the Terms.

4.4. The Seller sends the product to the Buyer within 7 days of the purchase using one of the delivery options offered on the Platform and selected by the Buyer, or in another manner agreed between the Buyer and the Seller.

4.5. The Seller confirms dispatch or delivery of the goods to the Buyer through the Platform by clicking the “Item sent” button and adds a tracking number where available.

4.6. The Buyer confirms receipt of the goods through the Platform by clicking the “Satisfied with item” button. After receipt is confirmed, Glara Sport pays the purchase amount to the Seller within 1–3 working days, less the Platform service fee.

4.7. The Platform service fee is included in the price set by the Seller. The applicable Glara Sport service fees are published on the Platform. The Buyer pays the full purchase amount, and when making the payout Glara Sport deducts the service fee from the purchase amount and pays the Seller the correspondingly reduced amount.

4.7.1. The service fee applicable to a listing is calculated and fixed when the listing is published, based on the service-fee formula in force at that time and the item price set by the Seller. A later change to the service fee does not affect the payout calculated for an item already published.

4.8. If an order is cancelled because the item was not dispatched, or if it is established that the goods did not reach the Buyer, the full purchase amount is refunded to the Buyer. In that case the Platform service fee is borne by the Seller, and Glara Sport issues an invoice to the Seller for it.

4.9. If an order is cancelled on the basis of a justified claim under these Terms, in particular where the goods arrive damaged, differ materially from their description or do not arrive, the purchase amount is refunded to the Buyer. In that case the Platform service fee is borne by the Seller, and Glara Sport issues an invoice to the Seller for it.

4.10. An invoice may be issued for payments made on the Platform at the User's request.

5.1. When using the Platform, the User must provide accurate information, including truthful information about the quality and condition of the goods being sold, as well as any other information that may affect the Buyer's decision to purchase the goods.

5.2. To use the Platform, including to enter into sales transactions, the User enters a valid email address on the Platform and undertakes to remain reachable through the email address associated with the user account.

5.3. The User enters into only lawful purchase and sale transactions through the Platform.

5.3.1. By offering a product for sale on the Platform, the Seller confirms that the product is of lawful origin, is in the Seller's lawful possession and that the Seller has the right to sell it.

5.4. The User ensures that their activity does not infringe the proprietary or personal rights of third parties, including intellectual property rights.

5.5. The User ensures that their activity complies with all applicable laws, including legislation governing consumer protection, competition and the export and import of goods.

5.5.1. The User undertakes not to use the Platform in a manner that harms Glara Sport, other Users or the reliability of the Platform, including by providing false information, publishing misleading listings, directing transactions outside the Platform or otherwise misusing the Platform.

5.6. Images of goods for sale

5.6.1. The User undertakes to ensure that the description and images of an item uploaded to the Platform accurately represent it. The item must be presented in the condition it is in at the time of sale.

5.6.2. Uploaded images must be the User's own photographs of the actual item and not photographs taken from the internet or other sources.

5.7. Item description

5.7.1. To describe the goods fully, the User is advised to complete all fields requested when adding the product, including describing the goods and their characteristics in the listing description and specifying the product's size, condition, colour and material composition. For size, the size shown on the product label must be specified; if there is no label, the relevant information must be stated in the listing description.

5.7.2. In the description of the goods, the User must describe both signs of use and any defects, alterations or missing parts.

5.7.3. The description and images of the goods must not contain information unrelated to the item being sold, including advertising, keyword spam, misleading information or instructions for completing a transaction outside the Platform.

5.8. Delivery of goods

5.8.1. When acting as a Seller, the User undertakes to ensure that the delivery option made available to Buyers is suitable for the product and that the product is packed securely. The Seller is responsible for damage occurring during transport, except where the product was damaged through the fault of the transport service provider.

5.9. The User confirms that they understand that the obligation to declare and pay all taxes applicable to them by law in connection with transactions, including value added tax and income tax, rests with the User and that Glara Sport is not responsible for doing so.

5.10. Users are responsible for the performance of their sales contracts. Claims and enquiries concerning sold goods must be submitted directly to the Seller through the Platform's messaging system.

5.11. When entering into a sales contract, the Seller undertakes to accept the return of the goods if, within 48 (forty-eight) hours of receiving the goods, the Buyer wishes to return them because they arrived damaged or differ materially from the description or product image in the listing.

5.12. European Union consumer-protection legislation applies only where the Seller is a trader acting for purposes related to their business or professional activities and the Buyer is a consumer, meaning a natural person acting for purposes unrelated to their business or professional activities.

6.1. It is prohibited to sell on the Platform any items whose sale is prohibited or restricted by law, as well as items that may endanger Users or the reliability of the Platform. The following items may not be sold on the Platform (the list is not exhaustive and should be treated as guidance):

• counterfeit or pirated goods;
• dangerous or illegal items;
• medicines and medical devices;
• weapons and other weapon-like items;
• stolen goods;
• other items prohibited by law.

6.2. The following are prohibited:

• fraud, provision of false information and misleading information;
• infringement of the rights of other Users or third parties;
• misuse of the Platform or directing transactions outside the Platform in order to avoid Platform service fees or rules;
• spam and advertising outside the Platform.

7.1. Taking the circumstances into account and based on its reasonable assessment, Glara Sport OÜ has the right to restrict or terminate a User's right to use the website, amend information published by the User on the website, close the User's account, cancel a transaction and prevent the User from registering as a customer again in the following cases:

7.1.1. the User breaches the user agreement or the customer obligations arising from it;

7.1.2. the User has provided information when registering for or using the Platform that is false, misleading or inaccurate;

7.1.3. for another material reason.

7.2. Glara Sport OÜ has the right at any time to monitor activity on the Platform, including the actions of Platform Users. Glara Sport may investigate any alleged breach of the user agreement using all lawful means.

7.3. Glara Sport has the right at any time to remove a Seller's offers and submitted information from the Platform if they conflict with the user agreement, accepted standards of conduct or applicable law.

7.4. Glara Sport OÜ has the right to charge the Seller for use of the Service in accordance with the price list. To charge the fee, Glara Sport issues the Seller an electronic invoice which the customer may download from the Glara Sport Platform.

7.5. The Platform has the right to perform settlement operations necessary for a Platform transaction between the Buyer and the Seller, including releasing the purchase amount to the Seller or refunding it to the Buyer in the cases specified in these Terms. Such operations are carried out solely for the purpose of performing transactions concluded through the Platform and do not make the Platform a party to the sales contract between the Seller and the Buyer.

7.6. The Platform has the right to send system-related notices to the email address provided by the User.

8.1. Glara Sport is not responsible for the quality, characteristics or legality of items sold on the Platform, or for the accuracy of the description or other information submitted by the Seller. The sales contract is concluded between the Buyer and the Seller, and Glara Sport is not a party to that contract.

8.2. Sales contracts are concluded between Users of the Platform. Users are fully responsible for performing their sales contracts, which are private transactions between the parties.

8.3. Complaints, enquiries and claims concerning items on the Platform must be submitted directly to the Seller using the Platform's messaging system.

8.4. Glara Sport is not responsible for damage resulting from incorrect or inadequate packaging of goods by the Seller, or for delays, damage or loss occurring during transport. Claims concerning shipments must be submitted to the relevant transport service provider.

9.1. If a User has a complaint concerning the service provided by Glara Sport OÜ, please contact support@glarasport.com, providing your name and contact details and briefly describing the complaint. Glara Sport OÜ will respond as soon as possible, but no later than within 3 working days unless otherwise stated.

9.2. If the goods arrive damaged or differ materially from the description or product image in the listing, and the Buyer therefore wishes to return the goods to the Seller, the following procedure applies:

9.2.1. The Buyer must send the Seller a message through the Platform stating their wish to return the goods within 48 hours of receipt and agree on the place and method of return. There is no right of return if it is excluded for the relevant type of goods under the Estonian Law of Obligations Act.

9.2.2. The right of return expires if the Buyer has received the goods and confirmed satisfaction with them on the Platform, or if more than 48 hours have passed since receipt of the goods.

9.2.3. The Buyer undertakes to return the goods in the same condition in which they arrived.

9.2.4. After the Buyer and the Seller have agreed on the return and the Seller has provided the necessary return details in accordance with the requirements of the relevant delivery service provider, the Buyer must send the goods within 72 hours and share the parcel tracking code with the Seller through messages on the Platform. The goods must be returned using the same method used for the original delivery unless otherwise agreed.

9.2.5. Until the claim is resolved or, where return is required, the goods have been returned to the Seller, Glara Sport holds the purchase amount in an account under its control. Return shipping costs are generally borne by the Buyer unless the parties agree otherwise or Glara Sport decides otherwise in view of the circumstances of a particular claim.

9.2.6. To confirm the return, the Seller must confirm cancellation of the order on the Platform within 48 hours of receiving the goods back from the Buyer. Glara Sport OÜ then refunds the money to the Buyer's account on the Platform.

9.2.7. If the Seller does not cancel the order or raise a dispute within 48 hours of receiving the goods back from the Buyer according to the tracking information, Glara Sport OÜ reserves the right to cancel the order on behalf of the Seller and refund the Buyer in accordance with the Terms.

9.2.8. After the order is cancelled and grounds for a refund under these Terms have arisen, the refundable amount is transferred to the bank account provided by the Buyer within 1–3 working days. The Buyer is responsible for the accuracy of the bank-account details provided.

9.3. If irresolvable differences arise between the Buyer and the Seller, Glara Sport OÜ may assist in resolving them as follows:

9.3.1. To resolve differences between the Buyer and the Seller, Glara Sport OÜ may be contacted at support@glarasport.com within 21 days of placing the purchase order.

9.3.2. Glara Sport OÜ has the right to request additional information and evidence from both parties and to use information available on the Platform, including communication between the parties, payment details and delivery information, to assess whether the claim is justified.

9.3.3. To resolve differences promptly, the Buyer and the Seller are required to cooperate and respond to enquiries within 48 hours. If a party fails to cooperate, Glara Sport OÜ has the right to decide in favour of the other party.

9.3.4. If the Buyer submits a claim, the Seller must be prepared to prove dispatch of the goods, their conformity with the description or other circumstances relevant to resolving the claim. If the Seller cannot provide relevant evidence within a reasonable time, Glara Sport may resolve the claim in favour of the Buyer.

9.3.5. If the goods do not conform to the description and the parties do not reach an agreement, Glara Sport OÜ will decide the claim on the basis of the information available.

9.3.6. Possible decisions on a claim:

9.3.6.1. The claim is resolved in favour of the Buyer—the money is refunded after the goods have been returned to the Seller, unless otherwise decided.

9.3.6.2. The claim is resolved in favour of the Seller—the money is transferred to the Seller's account and the goods remain with the Buyer.

9.3.6.3. The claim cannot be resolved—the money remains temporarily in an account controlled by Glara Sport until the parties reach an agreement. If the Buyer and the Seller do not reach an agreement within 30 days and confirmation of an agreement has not been sent to support@glarasport.com, Glara Sport will decide, on the basis of the available information, to what extent the money is refunded to the Buyer and/or paid to the Seller.

9.3.6.4. If no agreement is reached, the User has the right to refer the matter to the Consumer Disputes Committee by email at avaldus@komisjon.ee or through https://ttja.ee/tarbijavaidluste-komisjon. If the Seller is a natural person acting for purposes unrelated to their business or professional activities, Users may apply to a court to resolve the dispute.

9.4. After a dispute has been resolved, Glara Sport OÜ has the right to close a user account, including where the User fails to cooperate in resolving a claim, the Seller confirms dispatch without actually dispatching the goods, the Buyer has not paid for the goods, the User submits an unfounded claim or false information, repeated claims are submitted concerning the Seller's goods, or fraud is suspected.

9.5. Explanation of the right of withdrawal

9.5.1. The 48-hour period specified in these Terms does not shorten, replace or restrict the statutory 14-day consumer right of withdrawal. It is an internal Platform claim and buyer-protection mechanism under which the Buyer can report that the goods arrived damaged, differ materially from the description or product image in the listing, or did not reach the Buyer.

9.5.2. If the Buyer submits such a claim within 48 hours of receiving the goods, Glara Sport may suspend the payout to the Seller and assist Users in resolving the claim in accordance with the procedure set out in these Terms.

9.5.3. Under subsection 56(1) of the Estonian Law of Obligations Act, the statutory 14-day right of withdrawal applies where the Seller is a business and the Buyer is a consumer, meaning that the contract is a distance contract concluded between a consumer and a business. In that case the rules governing the consumer's right of withdrawal under the Law of Obligations Act apply, and these Terms do not restrict the Buyer's statutory rights.

9.5.4. If the Seller is a natural person who is not acting in the course of business or professional activities, the rules governing consumer sales and the 14-day right of withdrawal from a distance consumer contract do not apply to the transaction between the Buyer and the Seller. In that case the Buyer's rights primarily concern claims relating to goods that do not conform to the sales contract and the claims procedure set out in these Terms.

10.1. Legal relations between the User and Glara Sport arising from the user agreement are governed by the laws in force in the Republic of Estonia.

10.2. If a dispute arising from the Terms cannot be resolved through negotiation, the dispute will be finally resolved by Harju County Court.

10.3. Glara Sport has the right to amend or supplement the Terms unilaterally where this is necessary due to changes in legislation, development of the Platform, improvement of service security or changes to the business model. Users will be notified of amendments through the Platform or by email a reasonable time in advance, except where an amendment must be made immediately due to legislation or security risks.

10.4. If the User continues to use the Platform after amendments to the Terms take effect, the User is deemed to have accepted the amendments.