Makselink OÜ Terms of Service

1. Definitions

• Platform / Makselink - Web and/or application managed by Makselink OÜ that allows creating payment links and making transactions.
• User - person who uses the Platform.
• Seller - User who sells goods.
• Buyer - User who buys goods.
• Transaction - Buy-sell relationship between Buyer and Seller, where payment is made through the Platform.
• Buyer Protection - service where payment is held in escrow and Makselink helps make a decision on releasing or refunding the payment in case of dispute based on these Terms.
• PSP - Makselink's payment service provider through which payments are processed and escrow funds are held for buyer protection transactions.

2. Subject of Agreement and Makselink's Role

• Makselink is not the owner, seller, or buyer of goods. The sales contract is between Buyer and Seller, and the parties are responsible for its fulfillment.
• Makselink provides a technical environment and payment flow: (a) for processing payments, (b) for holding funds in escrow in buyer protection transactions until the transaction is completed or dispute is resolved.
• Makselink does not pay interest on held funds.
• Transactions are conducted in euros.
• The Platform is initially intended primarily for C2C transactions. B2C may be added in the future, with additional rules (e.g., consumer protection specifics). These will be communicated separately.

3. Account and User Responsibility

• Using the Platform may require account and/or transaction confirmation (email, phone, other authentication).
• User is responsible for their account security, access, and all actions performed under their account.
• User must provide truthful information and act in good faith.

4. Two Service Modes: With and Without Buyer Protection

5. Permitted Goods and Transaction Content

• Initially, only physical goods are permitted on the Platform. Services may be added in the future with additional terms.
• Seller must describe goods honestly and completely (including defects, completeness, condition).
• Seller confirms that goods are their property and they have the right to sell them.
• Buyer must review the listing description and images and ensure the offer is suitable before purchasing.

6. Buyer Protection Transaction Flow

• Buyer and Seller agree on the goods, price, and handover/shipping.
• Buyer pays through the Platform. For buyer protection transactions, payment is considered received when PSP confirms successful payment.
• Seller ships goods or hands them over and provides tracking if needed (or tracking is confirmed automatically if integrated shipping is used).
• Buyer confirms "Item received" and/or files a claim.
• Upon transaction completion, funds are released to Seller or returned to Buyer according to the Terms.

7. Deadlines and Automation (With Buyer Protection)

• Shipping deadline: Seller is expected to ship goods at the first opportunity and generally within 7 calendar days, unless parties agree otherwise.
• Review/claim: Buyer has up to 48 hours after receiving goods to (a) confirm receipt or (b) file a claim.
• Automatic confirmation: If Buyer does not confirm or file a claim within 48 hours, Makselink has the right to confirm the transaction on Buyer's behalf and release funds to Seller.
• Tracking-based handling: Makselink may rely on tracking and other evidence to assess transaction status, including asking Buyer for confirmation. If Buyer does not respond within a reasonable time, Makselink may proceed based on available evidence.
• If goods are not moving or transaction stalls for a long time, Makselink has the right to request additional evidence from parties and make a decision based on available information.

8. Fees

• Buyer Protection fee (paid by Buyer): 3.95% + 0.64 EUR of total transaction amount (item price + delivery/handover fees if paid within the same transaction).
• Without Buyer Protection (card/Apple Pay fee): 1.65% + 0.64 EUR (applies when using card payment/Apple Pay).
• Payout fee: none.
• Makselink has the right to change fees by notifying within a reasonable time in the Platform and/or by email.

9. Holding Funds and Payouts (With Buyer Protection)

• In buyer protection transactions, funds are held on PSP account solely for processing transactions and making payouts.
• Payouts are currently made only to Estonian bank accounts.
• Payout is initiated after transaction completion and typically arrives within 1-3 business days (depends on bank and PSP processes).

10. Communication and Security

• For security purposes, communication and evidence needed to resolve disputes must be provided to Makselink (preferably in the Platform).
• It is prohibited to direct Buyer to pay outside the Platform to avoid fees, buyer protection, or Platform security measures.
• Makselink may suspend transactions, request additional evidence, limit account functions, and refuse service for risk management purposes if there is suspicion of fraud, prohibited goods, or other violations.

11. Claims and Disputes (With Buyer Protection)

• Claim must be filed within 48 hours of receiving goods.
• Claim must include explanation and evidence. Makselink prefers tracking and photos (packaging, product, damage, serial number, etc.) as evidence.
• Makselink may request additional information from both parties. Parties must cooperate and respond to requests generally within 48 hours. If no response, Makselink may make a decision based on available information.
• Possible decisions: release funds to Seller; refund to Buyer; partial refund; return obligation (if goods significantly don't match).
• Makselink's dispute decision is a Platform-internal service decision (releasing/refunding payment) and does not exclude parties' right to go to court or dispute resolution body.

12. Returns (With Buyer Protection, if return is decided)

• If return is decided (by party agreement or Makselink's decision), Buyer sends goods back to Seller generally within 72 hours of receiving return details, unless otherwise agreed.
• Return costs are generally paid by Buyer, unless Makselink's decision or party agreement states otherwise.
• Seller must confirm return/transaction cancellation in the Platform within a reasonable time after receiving goods back; in case of unjustified delay, Makselink may complete the transaction based on available evidence.

13. Prohibited Items and Activities

• It is prohibited to sell goods on the Platform whose sale is prohibited or restricted by law, as well as goods whose online sale has special rules and is not permitted under Platform rules.
• Prohibited includes (non-exhaustive): counterfeit goods, stolen goods, weapons and ammunition, narcotics, illegal substances, prescription medications, tobacco and nicotine products, alcohol sales, and other goods prohibited or restricted by law.
• If prohibited goods are suspected, Makselink may suspend/cancel the transaction, close the account, and cooperate with PSP and relevant authorities as needed.

14. Chargeback and Payment Risk

• If Buyer initiates a card payment chargeback or payment cannot be finally confirmed, Makselink has the right to suspend the transaction, limit account functions, and resolve the situation according to PSP rules and these Terms.
• In case of fraud suspicion, Makselink may temporarily hold payouts until circumstances are clarified.

15. KYC/AML and DAC7

• Makselink implements identity verification (KYC) and transaction monitoring (AML) according to law and PSP requirements.
• Makselink implements DAC7 reporting as needed according to legal requirements.

16. Limitation of Liability

• Makselink is not responsible for the quality, suitability, legality of goods, or descriptions provided by Seller.
• Makselink is not responsible for delays or damages arising from carrier activities if Makselink is not the service provider.
• Makselink's liability is limited to direct property damage caused by Makselink's intent or gross negligence. In other cases, liability is limited to fees collected by Makselink for the specific transaction.

17. Changes to Terms

• Makselink may change the Terms for service development, security improvement, or legal compliance.
• Changes are communicated in the Platform and/or by email. Continued use of the Platform after changes take effect means acceptance.

18. Termination and Account Closure

• User may close their account if there are no pending transactions or claims.
• Makselink may close/suspend accounts for Terms violations, fraud suspicion, or recurring problems.

19. Applicable Law and Disputes

• Estonian law applies to the Terms.
• Disputes between Makselink and User are resolved primarily through negotiations; if agreement is not reached, the dispute is resolved by Harju County Court.

20. Privacy

• Makselink processes personal data according to applicable laws and Makselink's Privacy Policy, published separately on Makselink's website.
• The Privacy Policy describes, among other things, what personal data Makselink collects and processes, for what purposes and legal bases, how long data is retained, with whom data is shared, and what user rights exist.
• By using the Platform, the user confirms they have reviewed the Privacy Policy.