Public offer - KOTLYARS.COM

Public offer

Registration in the system

1. Anyone can register for free in the system of marketplace.

2. In registering the user must indicate his real contact details. If the user is logged in using his account on the social network, he must use his real profile that contains the real contact data.

3. Registered users can add information about their business or about individuals who are engaged in business activities, or are specialists in the sphere of portal's catalog.

4.The administration has the right to request additional information confirming the activity of legal and natural persons, documents of registered users or added companies.

5. The administration has the right to activate the user's personal account without specifying the completed data.

6. The administration has the right to block the user's personal account or delete the added information without warning even if there are supporting documents.

7. If the user adds e-mail addresses he is agree to receive information and promotional mailings by administration associated with the use of the service or other products of the site.


You can register on the website Cora.co.il from any page by clicking the Register button (Picture 1) or the Cabinet button (Picture 2), and then on the pop-up window by clicking the Register button.


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On the registration page, new users must create a login for themselves (the login can consist only of Latin letters, numbers and a sign - (dash) .The system checks and does not accept duplicate login.

Users must fill in the following fields with a mandatory and accurate (picture 3):

  • Name, Surname of the buyer or the official representative of the company. Use only Latin letters. At the bottom of the form, choose the status of your location and activity on the site - Individual or Legal person.
  • The e-mail address must be real. The user must confirm his email address by clicking on the link that is sent to this address from the site.
  • You must create a difficult password, which must consist of at least 6 characters, including a minimum of one capital letter.
  • Select your country of residence. If you represent a company, choose the country where the head office of the company is located. Fill in the physical or legal address of the company.
  • After selecting the country, you will be able to fill in the phone number. If your country has several phone codes, you can change and write the desired code. Please fill in a valid number. The administration of the site Cora.co.il has the right to check the relevance of the number at any time.
  • Publish the address of the corporate website of the company. Attention! Users who publish addresses of sites for adults, gambling, addresses of extremist sites, resources with viruses or any other address that does not correspond to the user's activity will be blocked forever, without the right to restore.
  • Before registering you must read and agree with the Offer and the terms of the site.
  • The system checks and does not accept duplicate login, password and phone number.
  • You will be able to use the site's capabilities after registration, confirmation of email, verification and confirmation of registration by the administration of the Site.


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Conditions of using the catalog of the company

1. Marketplace of elite goods «Kotlyar's Auction», hereinafter - the "Company",has been collecting and distributing background information on legal and natural persons who are engaged in entrepreneurial activity according to the terms of service and privacy policy.

2. The company that offers services in the field of business advertising, trade and auction on the Internet through site,can gather background information through registration forms, third parties or by itself from open sources.

3. The catalog's section of the company is regulated according to the terms of use, privacy policy ,and to other rules of site, with conditions that you agree by registering on the website.

4. Terms and Conditions, Privacy Policy and other terms of use may be changed unilaterally without prior approval.

5. This contract is governed by and construed in accordance with the laws of the State of Israel.

6. Our rules are designed to maintain the high quality of the information in the portal. By following them you can avoid such consequences as changing the data of your company or its removal from the system.

7. This document is a legal document and creates liabilities associated with your use of the website services. If the agreement is changed and these changes are unacceptable to you, you can stop using the Service.


1. To add information about the company, you should register the user as a legal entity or use a  personal cabinet that has been already existed.

2. To appreciate the benefits of the service fully follow these recommendations:

• Use the same logos and brand elements as in the marketing materials.

• Enter the correct and complete address.

• Describe the scope of the company, indicating as few categories as possible.

3. Administration reserves the right not to publish photographs of the company, if:

• Their content is offensive, obscene or contrary to the laws of the State of Israel (including in terms of copyright).

• Their content does not apply to the company on whose page they were published.

• They do not have information value for site visitors.

• There are other reasons that justly suspect moderators.

4. The page with data about the company can be created in case its employees contact the clients personally, and not only by phone and via the Internet.

5. To add and change information about the company, and also to confirm their authenticity is allowed only to the owners of organizations and their authorized representatives.

6. In your account you must specify the name of the company that is used in its branches and marketing materials, and by which it is known by customers.

7. Other useful information can be specified in the relevant sections but it can not be added to the company name.

8. Describe your company's address as accurately as possible. You can not use the subscriber box number or the location of a remote mailbox as an address.

9. Specify the web page and phone number of the company located at the specified address.

10. Use only phone numbers for which you can contact the company directly.

11. Classification of companies by field of activity and type of activity allows potential customers to find the right products and services easily.

12. Select the categories that most closely match your area of activity. Try to use as few categories as possible.

13. Do not select categories related to neighboring companies. For example, to the organization on the territory of which your branch is located.

14. Individual specialists who render services to the population and business can also be registered in the system.

15. For an individual specialist it makes sense to create your own page in the following cases:

• He provides services to the public in his own name. Specialists in different companies can not create their own pages.

• You can contact him at the specified  hours at the specified address, and this address is confirmed.

• Note that a specialist can have only one entry, even if he has several specializations.

1. The company's catalog contains information, texts, photos, design works, videos and other materials and products, including intellectual property rights, which are provided by the third parties, including the materials and works protected by copyright, registered trademarks and service marks and other intellectual property rights.

2. Materials, including any information posted on the website including, but not limited to information, reviews, photos and any other content left by users or visitors to the site, are designed for viewing in the personal and commercial purposes.

3. Any other use of materials or site is prohibited including copying, republication in other sites, translation, rewriting or any reproduction without the prior written permission of the site owner or other respective owners.

4. It is forbidden to cause damage, interfere or violate the rights of the third parties through the use of this site and the catalog's materials of the company.

5. It is forbidden to post information defaming the reputation or cause material and moral damage to any person orlegal entity.

6. All materials posted or written by the users on site must comply with the laws of the State of Israel.

7. Fraudulent and illegal activities are strictly prohibited. They can lead to the blocking of account and removal of information about the company from the Catalog.


Comments and complaints

8. Reviews (assessments) should reflect the personal views of their author. Reviews should not contain false information or statements, the accuracy of which can not be proved.

9. Comments containing approval that is not conformed by evidence, may be not published or removed from the site.

10. If you own a company and want to make a complaint to the review (assessment) that the user of the portal has left about your company, please follow these instructions:

• Send us a letter marked "Complaint" in the subject line.
• Describe that comment in details in your letter and why it does not suit you.
• Specify the link of your company page.

11. Please, read our rules before you post a comment or a photo:

• a text or a substantial part of it must not be entered with capital (big) letters
• profanity, rudeness and insults towards the company and its employees, including veiled in any form, should not me used in the text
• the text should not contain phone numbers, e-mail addresses and links to external resources
• any form of advertising should not be used in the comment.


Exemption from liability

12. By using the site, including, but not limited to writing reviews and comments on the site, the user is responsible for all materials he added to the site.

13. Website is not responsible for your attempts to view the content of websites, links which are cited in any of the materials.

14. Website does not guarantee and is not responsible for the accuracy that is contained on or distributed through this material, as well as for the accuracy of any of the goods and services advertised on the site.

15. The site is not responsible for the quality of products, services, information or other materials displayed on it, sold or obtained as a result of advertising, information or commercial offers.

16. You acknowledge that the use of site, use of any materials shall be at your risk and site will not be responsible for any loss of data, loss of profits or other damages that occurred as a result of use site

17. Website makes every effort to ensure that the information contained on it is accurate, however, the site has no control over the accuracy of such information, does not give any guarantee to the accuracy of such information, is not responsibility for it and is not responsible for conformity, value, content, quality, the legitimacy of such information as well as for the observance of copyright in it.

18. If you find an error of information, the site will not be responsible for the results, damages or losses arising from such errors.

19. The site explicitly states the absence,no matter what guaranties there are, including guarantees for the commercial applicability of the goods or services corresponding to the goods or services to any particular purpose.

20. Site reserves the right to update or correct any error or inaccuracy in any text without any obligation. The site intends to update the information provided on the site, but still won't be responsible for any inaccuracy in this regard.

21. The website may contain links to other websites; these external websites are not under our control. We cannot be held responsible for such websites and cannot make any guarantees about them. We provide these links because we think they might interest you, but we do not monitor or endorse these other websites.


Access limitation

22. Administration of this site may decide to limit user's access to the site only if the administration will have a reason to believe that the Terms of Use are violated by the user.

23.Administration of the site is guided by the interests of the company in order to ensure a high business reputation and its rights to the protection of intellectual property contained on the website.

Terms of the use of online store


  • The site provides services to the trading platform creating an account and an online store on the terms described in this document.
  • These conditions can be changed without prior notice to users.
  • The moment of signing this agreement is the time of registration on the site.
  • By registering in the site users agree to the Terms of Use of the online store and other terms of the Offer section.
  • The site administration has the right to demand documents confirming the quality of the goods.
  • The site administration has the right to change the category and filters of goods without alerting sellers.
  • The site administration has the right not to confirm the issue of the product without further notice.
  • The site administration has the right to remove the goods from the online store without further notice.


1. Creating an online store

1.1. Marketplace of elite goods «Kotlyar's Auction» provides services that allow sellers to create their own online store on the marketplace after registration and receive orders and applications from other registered users.

1.2. After registration the seller gets access to my account where in the sectionof my products you can add a limited number of items for sale in the online store.

1.3. The goods are added to the section of the internet shop site after verification and approval by the site administration.

1.4. If the user has added his company in the Catalog the seller's data or the seller's company datas are placed in all pages of the downloaded goods and are available to all registered and unregistered users.

1.5. Seller's goods by catalog group must correspond to sections and filters of online store.

1.6. Goods added to the online store minimum must have a quality photo, description of the goods, a certificate of conformity, if the goods are certified.

1.7. For greater interest in the product sellers can also add a gallery of product photos, a 360-degree presentation, video through youtube, a technical description and data on the transaction procedure.

1.8. If the product or product description does match the minimum requirements of the online store, the site administrator may decline the placement without further explanation.

1.9. The site administrator can also reject the placement of goods if the minimum data meets the requirements, but there are doubts about the authenticity or the issue of property ownership.

1.10. For greater confidence, sellers can download supporting documents not only for the administration but also for potential buyers.


2. Cost of services

2.1. Registration and placement of 20 items in the online store for free.

2.2. Additional services for placing more than 20 products and placing their goods above free placements are provided according to the conditions of paid placement packages.

2.3. If you have fully used your free offer limit, you can increase your placement rate and add additional products at any time.

2.4. If sellers have questions or problems with payment of placement packages you can always contact administration and our specialists will promptly solve all your questions.


3. Limitations of liability

3.1. Administration does not perform an obligatory check of the information of the placed goods.

3.2 Administration is not liable for errors that were committed when placing goods by third parties or for tangible or intangible losses caused by users.

3.3. The administration is not responsible for the authenticity of the goods, the accuracy of the descriptions or the contact details of the sellers.

3.4. Administration is not responsible for copyright infringement or other rights infringement on the part of users of the site that posted their goods in the online store.

3.5. Administration is not responsible and can not guarantee the safety of the information of registered users, profile, password and other data posted on the site.

3.6. The administrationdoes not guarantee that the services of the site will meet your own requirements and be provided continuously or unmistakably.

3.7. Administration will make every effort to eliminate possible failures and errors in a short time.

Classic Auction


1.  General Provisions

1.1. Classic ascending-price auction (hereinafter referred to as “CA”) is a bidding procedure, in which none of the conditions specified in the auction terms and conditions are subject to negotiation or change by bidders, except for the price.

1.2. CA is carried out with pre-selection of applicants. The requirements to the Seller in terms of the content of auction documents may be accessed by any website visitor.

1.3. Application for participation in the auction (application and accompanied documents) shall be submitted by applicants online, as per the list and within the deadlines specified herein.

1.4. To put up goods or property for the Classic Auction, the seller must register himself (herself) in the system, select the appropriate section and filter for his (her) lot and create an auction card using a free placement package with a limit of 1 (one) lot, or in case of placing big number of lots - after purchasing fee-based placement packages.

1.5. To place an auction lot on the website, the website administration shall approve the lot, and thereafter the seller, within 3 (three) days following the administrator’s approval, must pay a non-refundable fee for publishing of each individual lot in accordance with clauses 2.7 and 2.8.

1.6. Administration may block a lot or an author of the auction without giving any reasons.

1.7. In Classic Auction the seller appoints a commencement date of the auction.

1.8. The seller must comply with the website requirements to the time-frames for preparation and holding of the Classic Auction:

  • Classic Auction may not start earlier than 7 days after the first placement of the lot.
  • Classic Auction may not start later than 30 days after the first placement of the lot.
  • The duration of the auction for each lot is 30 calendar days from the commencement of bidding.

1.9. To participate in the Classic Auction, buyers must register themselves on the web portal kotlyars.com, fill out the user's details and obtain approval from the administrator.

1.10. Upon registration, the buyer can choose the lot of interest and participate in the bidding after paying a non-refundable fee for the participation as per the terms of Clause 3.4.

1.11. In accordance with the confidentiality terms, all details of buyers-participants are visible during the auction only to the website administrator.

1.12. All buyers who paid a fee for participation in a particular auction lot can see all the details of a seller’s.

1.13. Administration may block a user-buyer at any stage of the auction without giving any reasons.

1.14. At the time of completion of the auction, the name and all other details of the winner, who offered the highest price per lot, are saved in the system and reported to the personal area and e-mail of the seller.

1.15. The owners of the trading platform and the administration shall not be responsible for the adequacy of details of buyers and sellers, as well as for the progress of the transaction, further negotiations or relations between the seller and the buyer.

2. Adding Lots in the Classic Auction

2.1. To add a lot in the Classic Auction, a user must be registered in the system and approved by the administrator.

2.2. In the personal area, the user must enter into My Auctions section, click the Add button and fill in all required fields of the auction having selected Classic Auction.

2.3. The goods of the lot added must match the names of the auction sections, and photos must be real.

2.4. The seller in the Classic Auction must clearly enter the product name, starting price, description of the lot, and the list of requirements, and terms and conditions of the transaction and delivery.

2.5. To create a lot the seller must upload all required documents that prove the value of the goods or property, form of ownership, and other documents that will be requested by the administrator prior to the auction.

2.6. The administrator may refuse to hold an auction without giving any reasons to the seller. The administration’s actions may be challenged by sellers through sending an e-mail to owner@kotlyars.com

2.7. Upon approval of the lot, the seller must, within 72 hours, pay the fee for publishing the lot (participation in auction) at the rate of 0.05% of the starting price of the lot via a secure payment system on www.kotlyars.com website.

2.8. The fee for placement of lots on kotlyars.com website and participation in auctions is non-refundable, regardless of the outcome of the auction or transaction with buyers.

2.9. Website administration has the right to permanently block the seller, where the seller more than 1 (one) time has put up a lot for the auction, obtained approval and not paid the participation fee.

2.10. The seller is notified through his (her) personal area on the website and e-mail of new applications for participation in the auction, he (she) can see the number of buyers, their names and countries, however he does not have an access to personal data of buyers before the end of the auction.  Upon completion of the auction, the buyer can see the personal data of only the buyer who won the auction.

2.11. In the event of any force majeure circumstances that are not described in these terms and conditions, where it is necessary to return the fee paid for participation in the auction or the wrong payment, management of the kotlyars.com website chooses at its own discretion the return method, and all fees of financial institutions via which the payments are returned shall be borne by the wallet owner.

3. Participation of Buyers in the Classic Auction

3.1. To participate in the Classic Auction as a buyer, a user must be registered in the system and approved by the administrator.

3.2. On the website, a registered user can access the Auctions section, select lots in subsections and save them to apply documents for participation before the auction starts.

3.3. The user is notified in advance of the commencement of the auctions selected through his (her) personal area on the website and through e-mail.

3.4. The buyer may join the bidding in the Classic Auction at any time up to the closing of the auction.

3.5. To participate in the Classic Auction, the buyer must pay a fee for participation in the auction at the rate of 0.002% of the starting price of the lot.

3.6. After the end of the auction, regardless of its outcome, the fee paid for participation in the auction is non-refundable.

3.7. The bidding winner is a participant who made the last bid increment, that is, offered the highest price for the lot.

4. The Procedure for Classic Auction 

4.1. Classic Auction is ascending-price bidding for the lot.

4.2. When creating a lot, the seller sets a starting price of his (her) goods visible to all website visitors.

4.3. When creating a lot, the seller agrees with the bid increment, which stands at 0.5% of the starting price and which is visible to all users.

4.4. Algorithm of the Classic Auction:

  • The seller can set a starting price of his (her) goods in the personal area on the website.
  • The starting price and bid increment of the lot is visible to all visitors.
  • For any goods the system sets a bid increment at the rate of 0.5% of the starting price of the lot.
  • A participant who has made the last bid prior to the end of the auction (offered the highest bid) wins in the Classic Auction.
  • Where none of the participants offers bid till the auction end, the auction will be closed automatically for all participants.

4.5. The seller cannot change information about the lot, personal data or contact details in the system after approval of the lot by the administrator.

4.6. Buyers cannot change their personal data or contact details in the system after paying a fee for participation in auctions.

Other Terms and Conditions of Auctions

  • Where sellers in Classic Auction want to put up their goods on the www.kotlyars.com website, however, do not want to disclose their contact details and personal data, they can engage Kotlyar’s Auction to provide Brokerage Services.
  • To cooperate with sellers under the terms and conditions of the brokerage services, Kotlyar’s Auction must be interested in the goods being sold.
  • In this case, sellers must provide Kotlyar’s Auction with all necessary documents in respect of the goods and the owner, as well as the required guarantees.
  • Once a contract is concluded, Kotlyar’s Auction puts up the goods for Auctions under its official account, accepts applications for participation and negotiates with buyers the details of the transaction.
  • Brokerage services of Kotlyar’s Auction can also be useful for those sellers of exclusive goods and rough diamonds, who do not want to put up their goods for auctions, but are looking for suitable verified buyers.
  • To obtain detailed information about the procedure for providing brokerage services, please send an e-mail to owner@kotlyars.com  and attach photos, descriptions, prices and documents related to the goods to be sold.


Dutch Auction

 

1.  General Provisions

1.1. Dutch descending-price auction (hereinafter referred to as “DA”) is a bidding procedure, in which none of the conditions specified in the auction terms and conditions are subject to negotiation or change by bidders, except for the price.

1.2. CA is carried out with pre-selection of applicants. The requirements to the Seller in terms of the content of auction documents may be accessed by any website visitor.

1.3. Application for participation in the auction (application and accompanied documents) shall be submitted by applicants online, as per the list and within the deadlines specified herein.

1.4. To put up goods or property for the Dutch Auction, the seller must register himself (herself) in the system, select the appropriate section and filter for his (her) lot and create an auction card using a free placement package with a limit of 1 (one) lot, or in case of placing big number of lots - after purchasing fee-based placement packages.

1.5. To place an auction lot on the website, the website administration shall approve the lot, and thereafter the seller, within 3 (three) days following the administrator’s approval, must pay a non-refundable fee for publishing of each individual lot in accordance with clauses 2.7 and 2.8.

1.6. The seller sets the start and end date of the lot within the terms and conditions of auctions of kotlyars.com website.

  • Dutch Auction may not start earlier than 7 days after the first placement of the lot.
  • Auction may not start later than 30 days after the first placement of the lot.
  • The duration of the auction for each lot is 30 calendar days from the commencement of bidding.

1.7. To participate in the Dutch Auction, buyers must register themselves on the web portal kotlyars.com, fill out the user's details and obtain approval from the administrator.

1.8. Upon registration, the buyer can choose the lot of interest and participate in the bidding after paying a non-refundable fee for viewing the current price as per the terms of Clause 3.4.

1.9. In accordance with the confidentiality terms, all details of buyers-participants are visible during the auction only to the website administrator.

1.10. All buyers who paid a fee for participation in a particular auction lot can see all the details of a seller’s.

1.11. At the time of completion of the auction, the name and all other details of the auction winner are saved in the system and reported to the personal area and e-mail of the seller.

1.12. At the end of the auction, the winner of the lot receives a notice through his (her) personal area and e-mail.

1.13. Administration may block any user, both seller and buyer at any stage of the auction without giving any reasons.

1.14. The owners of the trading platform and the administration shall not be responsible for the adequacy of details of buyers and sellers, as well as for the progress of the transaction, further negotiations or relations between the seller and the buyer.

2. Adding Lots in the Dutch Auction

2.1. To add a lot in the Dutch Auction, a user must be registered in the system and approved by the administrator.

2.2. In the personal area of the website, the user must enter into My Auctions section, click the Add button, fill in all required fields of the lot and upload all required documents.

2.3. The goods of the lot added must match the names of the auction sections, and photos must be real.

2.4. The seller in the Dutch Auction must enter the product name, starting price, description, the list of documents required from the buyer, and the list of restrictions and terms and conditions of the transaction and delivery.

2.5. To confirm a lot the seller must upload all required documents that prove the value of the goods or property, form of ownership, and other documents that may be requested by the administrator prior to the auction.

2.6. The administrator may refuse to hold an auction without giving any reasons to the seller. The administration’s actions may be challenged by sellers through sending an e-mail to owner@kotlyars.com

2.7. Upon approval of the lot, the seller must, within 72 hours, pay the fee for publishing the lot (participation in auction) at the rate of 0.05% of the starting price of the lot via a secure payment system on www.kotlyars.com website.

2.8. The fee for placement of lots on kotlyars.com website and participation in auctions is non-refundable, regardless of the outcome of the auction or transaction with buyers.

2.9. Website administration has the right to permanently block the seller, where the seller more than 1 (one) time has put up a lot for the auction, obtained approval and not paid the participation fee.

2.10. The seller is notified through his (her) personal area on the website and e-mail of new applications for participation in the auction, he (she) can see the number of buyers, their names and countries, however he does not have an access to personal data of buyers before the end of the auction.  Upon completion of the auction, the buyer can see the personal data of only the buyer who won the auction.

2.11. In the event of any force majeure circumstances that are not described in these terms and conditions, where it is necessary to return the fee paid for participation in the auction or the wrong payment, management of the kotlyars.com website chooses at its own discretion the return method, and all fees of financial institutions via which the payments are returned shall be borne by the wallet owner.

 

 

3. Participation as a Buyer 

3.1. To participate in the Dutch Auction as a buyer, a user must be registered in the system and approved by the administrator.

3.2. On the website, a registered user can access the Auctions section, select lots in subsections and save them prior to the auction commencement or pay the fee for participation in the bidding for a certain lot before the auction starts.

3.3. The user is notified in advance of the commencement of the auctions selected through his (her) personal area on the website and through e-mail.

3.4. To participate in the bidding, the buyer must pay a fee for participation in the auction at the rate of 0.002% of the starting price of the lot.

3.5. The non-refundable amount paid for participation in auctions entitles to 10 views of the closed current price of this auction.

3.6. After each viewing of the closed current price of a particular lot, the buyer has a limited time to apply for purchase of the lot.

3.7. Upon completion of the auction, regardless of its outcome, the remained number of views is to be reset to zero.

4. The Procedure for Dutch Auction

4.1. Dutch Auction with a closed price is descending-price bidding.

4.2. When creating a lot, the seller sets a starting price of his (her) goods visible to all website visitors.

  • Administration of the website may request a document that confirms the adequacy of the starting price.
  • The seller must ensure the adequate starting price of the goods (approximating the average market price). No one wishes to participate in a fee-based bidding for a lot with an overestimated price.
  • Administration of the website has the right to block and remove the goods before the commencement of auction, where it becomes aware that the seller has set a deliberately false (overestimated) price.
  • Where the goods are removed from the auction after the seller has paid a fee for placement of the lot, the fee paid is not subject to return.

4.3. When creating a lot, in addition to setting a starting price, the seller also sets the minimum price to sell his (her) goods, and that minimum price is hidden from all users.

4.4. Dutch Auction algorithm is as follows:

  • The process of lowering the price of a lot in the Dutch Auction is controlled by the system algorithm, within the criteria set by the seller.
  • The seller can set a starting price of his (her) goods and the minimum selling price in the personal area on the website.
  • The difference between the starting price of the goods and the minimum selling price may not be less than 15%.
  • The starting price is visible to all visitors, while the minimum selling price is visible to no one.
  • The seller sets the maximum percentage of bid decrement in his (her) personal area on the website.
  • For any of the goods, the seller can set the maximum bid decrement in percents at the rate ranging from 0.01 to 1%.
  • This means that the price of the lot will get lower within the set percentage throughout the whole auction, with breaks of indefinite time-period and unevenly over the time.
  • The price of the lot will also get lower after each view of the price.
  • The buyer who has paid a fee for the participation can view the current price of the lot 10 times for one fee paid.
  • Winner of the Dutch Auction is a participant who buys the goods (announces the purchase) at the current viewed price earlier than other participants.
  • Where none of the participants announces the purchase of the goods till the auction end, the auction will be closed automatically for all participants.

4.5. The seller cannot change information about the lot, personal data or contact details in the system after approval of the lot by the administrator.

4.6. Buyers cannot change their personal data or contact details in the system after paying a fee for participation in auctions.

Other Terms and Conditions of Auctions

  • Where sellers in Dutch Auction want to put up their goods on the www.kotlyars.com website, however, do not want to disclose their contact details and personal data, they can engage Kotlyar’s Auction to provide Brokerage Services.
  • To cooperate with sellers under the terms and conditions of the brokerage services, Kotlyar’s Auction must be interested in the goods being sold.
  • In this case, sellers must provide Kotlyar’s Auction with all necessary documents in respect of the goods and the owner, as well as the required guarantees.
  • Once a contract is concluded, Kotlyar’s Auction puts up the goods for Auctions under its official account, accepts applications for participation and negotiates with buyers the details of the transaction.
  • Brokerage services of Kotlyar’s Auction can also be useful for those sellers of exclusive goods and rough diamonds, who do not want to put up their goods for auctions, but are looking for suitable verified buyers.
  • To obtain detailed information about the procedure for providing brokerage services, please send an e-mail to owner@kotlyars.com  and attach photos, descriptions, prices and documents related to the goods to be sold.


User’s Guide

1. To participate in a Classic or Dutch Auction on the Kotlyars.com web portal, both sellers of goods and potential purchasers (auction participants) must be registered on www.kotlyars.com website.

2. Be careful when filling out the registration form and follow the requirements of the system. Otherwise, either the system will deny registration or the administrator will delete your account after verification.

  • The login box may contain only Latin letters and numbers, without any special characters and spaces.
  • First and last names specified must be real. Incorrect data or registration under the false identity may cause the account blocking, in which case the fees paid for any additional services of the website will not be refunded.
  • You must confirm your e-mail address. To this end, the system sends an e-mail to the address specified containing a link for confirmation. You have to check whether the e-mail is in the JUNK MAIL folder.
  • If the e-mail address is not confirmed, the website administrator has no the right and opportunity to confirm your registration in the system. Without those two confirmations, you will not be able to use the functionality of auctions.
  • The password must contain at least 6 characters, at least 1 capital letter, at least 1 lowercase letter, at least 1 number and correct re-entering of the password.
  • The phone number must be correct. Administrator may check the actuality of the data entered through the call, or at any time may require confirming the data through an SMS code.
  • The selected country of location, address and international country code of the phone must match.

3. When registering, users must accept the Offer and the Terms and Conditions of the Website.

4. Attention! Kotlyar’s Auction makes every effort to safeguard your personal data and to meet the international requirements and regulations related to confidentiality.

5. After registration and confirmation, as part of the free placement package every user may add one (1) auction a month. To place a greater number of lots, you can buy fee-based placement packages in your personal area on the website or in the Price Section.

6. Transaction is carried out in a protected mode with the use of the acquiring infrastructure of Tranzilla company and under the control of Isracard international company.

7. Attention! The web portal of Kotlyar’s Auction does not retain the full details of bank cards. We ensure the data transmission security with the help of SSL certificate and data encryption.

8. You can add an auction from the menu in your personal area: Personal area --> My auctions --> Add.

9. When adding an auction, first of all, you should select the type of auction: either  Classic, an ascending-price auction, or Dutch, descending-price auction. When selecting, be careful, since once you have confirmed and paid for participation in the auction, you will not be able to change the auction type.

10. After selecting the auction type, the auction author has to accurately fill out the required lot information:

  • Country of the goods location (or country of the transaction)
  • Product category from the list set out on the web portal
  • Start date of the bidding (the author selects an available date from the calendar and the end date is set out by the system automatically)
  • The starting price of the lot
  • The minimum price of the lot in the Dutch Auction (the difference between the starting price and the minimum price must be at least 15%)
  • The minimum and maximum bid decrement in the Dutch Auction with a closed price (the choice must range from 0.01% to 1% of the starting price)
  • Bid increment in the Classic Auction is standard (0.5% of the starting price) and is assigned by the system automatically.

11. Upon entering the starting price, the system displays the amount of the fee to be paid for placement of the goods in the auction. The fee for sellers stands at 0.05% of the starting price for both the Classic Auction and the Dutch Auction. The fee for the lot placement is non-refundable.

12. When entering information about the lot, the seller must provide accurate information about the goods. If you are unable to enter information in both languages of the website (Russian and English), you may copy the text in your preferred language to the field for the text in the other language.

  • The field “YouTube URL” allows posting a video of the goods on the lot page. To do this, copy the URL address of the video from YouTube.
  • The lot name should contain basic information about the goods and is mandatory to fill out.
  • The lot description must be complete and true.
  • In the field “List of Documents” you should enter the names of your available documents related to the goods.
  • In the “Restrictions” field users may specify restrictive conditions in respect to buyers or shipping zones.

13. After adding the auction, you must wait for the administrator’s approval, and then pay for the lot placement in the relevant auction. As soon as you make an online payment of 0.05% of the starting price, the lot will automatically appear in the relevant section of the auction.

14. Buyers may participate in auctions after their registration, which is done by clicking the button “Participate in the auction”. Buyers can participate in the bidding for the lot after paying a fee of 0.002% of the starting price of the lot.

15. In the personal  area, the seller can see all of his current and closed lots, current bidding prices, and the list of participants for each current lot, and in the closed lots the seller can see the winner's name. After closing the lot, all the details of the winner will be sent to the seller’s confirmed e-mail address.

16. The winner of the lot can see all of the seller’s details in his personal area on the website once the lot is closed.

17. Attention. The seller and the buyer cannot see contact details of each other until the lot is closed. As soon as the lot is closed, the seller can see only the lot of the winner, while the winner receives the contact details of the seller.

Terms and conditions


By bidding on any item, Bidder accepts and agrees to be bound by these Terms and Conditions, and specifically acknowledges that these Terms and Conditions constitute a binding contract. If Bidder does not agree to these Terms and Conditions, Bidder is not authorized to make a bid on or buy any item.

Inspection, Assumption of Risk and Disclaimer of Warranties

Bidder is knowledgeable and informed about the items for which Bidder submits a bid, and Bidder assumes all risk relating to the condition, authenticity and value of the item. Bidder understands and agrees that Bidder is relying solely on Bidder's inspection, evaluation, information and judgment when submitting a bid regarding any item, and that Auctioneer makes no representation or warranty concerning the value, condition or authenticity of any item offered for bid. All items offered for bid or sale are sold "AS IS," "WHERE IS," and without representation, warranty or guarantee of any kind, whether created by statute or by common law. AUCTIONEER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY IMPLIED BY COURSE OF DEALING, OR ANY OTHER WARRANTY, WHETHER CREATED BY STATUTE OR BY THE COMMON LAW.

Any grading or authentication by any third party, including any statements made on certificates of authenticity, grading certificates, valuation certificates, certificates of appraisal, gemological laboratory reports, or any similar reports or valuations are exclusively the opinions of the authors, and are not the opinions or statements of Auctioneer. Bidder understands that Auctioneer has not verified any such statements or opinions and does not warrant their accuracy. Bidder relies exclusively on Bidder's own investigation and information, and assumes all risk of any inaccuracy in statements or opinions expressed by others.

Agreement Not to Dispute Credit Card Charges

Bidder agrees that upon processing a credit card, debit card or other bank card, such payment shall be immediate and irrevocable, and Bidder shall not dispute, challenge or reverse any such payment or charge.

Governing Law and Venue

This Agreement and the rights of the Parties shall be governed by and construed in accordance with the laws of the State of Israel  without the application of any conflict of law principles that would require or permit the application of the laws of any other jurisdiction. Any action at law or judicial proceeding instituted by any Party relating to this Agreement shall be instituted and maintained only in the state or federal courts in Israel.

Denial of responsibility

  1. The applicant is responsible for what subject he proposes. If he is not sure, he should ask or not rate. The auctioneer will not observe the "mistakes".
  2. The Administration reserves the right to accept bids in any increment he feels is in the best interest of his client, the seller. The Administration  reserves the right to reject the bidding of any person whose conduct, actions, or adverse comments he feels are not in the best interest of the seller.
  3. These and this website www.kotlyars.com "Terms and Conditions" are subject to change without notice and you are required to check the Terms and Conditions each time you access the Website.
  4. This website www.kotlyars.com/ is operated by KOTLYAR'S AUCTION, registered under the laws of Israel.
  5. The administration may refuse to hold an auction at any time before the bidding without explaining the reasons to the participants.
  6. Administration has the right to stop auction of the lot during the auction with the return of all bets and pledges, if there are good reasons for that. In this case, the administration is obliged to publish the reason for stopping the bidding process.
  7. Administration and management of the marketplace does everything possible to ensure the constant availability of the site for all users, safe and stable data transmission. However, due to the nature of the Internet, different restrictions of some states, this process can not be guaranteed.
  8. Your access to the site's services, including auction functions, can sometimes be temporarily suspended or restricted for technical reasons.
  9. The administration or the management of the site shall not be liable if as a result of user's negligence or for any technical reasons or as a result of illegal interference of third parties, sellers or buyers missed possible benefits or incurred all kinds of losses.
  10. The administration is released from responsibility for full or partial failure to fulfill its obligations if such failure was a consequence of force majeure circumstances, namely: natural disasters, epidemics, explosions, fires and other extraordinary circumstances.
  11. The site does not guarantee the authenticity of goods or property exhibited at auctions, the relevance of these sellers and buyers and can not be guaranteed to protect their users from possible fraud by third parties. The entire responsibility of the transactions is taken by the participants of the auctions themselves.

1. General conditions

1.1. This document is a public offer (hereinafter referred to as the "Offer") on the placement of tenders on the specialized page of tenders of the site.

1.2. Unconditional acceptance of the Terms of Use and the Offer is the fact of registration as a representative of a legal entity, for participation in tenders under the conditions contained in the prices section.

1.3. This Offer is valid only for Tenders submitted on the website.

1.4. Services provided in accordance with this Offer include services indicated on the Site on the page of the user's personal cabinet. Conditions for the provision of services may be supplemented or changed by the Contractor at its own discretion with appropriate changes made on the specified page of the Site without additional notification of users.

1.5. The administration of the site has the right to refuse to register persons (organizations) expressing disagreement with the terms of this Offer.

1.6. The website offers users free or paid participation in tenders periodically posted on this site and provides an opportunity to participate in tenders created by other users.

1.7. Having familiarized himself with the terms of this or that tender the user decides on participation independently and is responsible for his choice or actions.

1.8. Only registered users can publish tenders or take part in tenders.

1.9. In the process of registration the Administration has the right to request the necessary information and additional documents from the company's representative.

1.10. The Administration decides independently whether to register or not, a user or the approval of the publication of tenders without explanation.

1.11. The consent for participation in the tender is the registration of the application for participation. In the application form the contractor must provide information in accordance with the requirements of the tender conditions.

1.12. The site is not responsible for non-fulfillment or improper fulfillment of obligations on the part of bidders.


2. Conditions of tenders placement

2.1. Any user registered on the website can open a single tender as a buyer of goods or services for free.

2.2. For adding more than one tender at a time the user must purchase the placement packages.

2.3. For adding tenders to the system the user should go to the section My Tenders in  the Personal Area.

2.4. For adding the first tenders in the system the user must fill in the accuracy with the appropriate form of the tender author which is automatically used for the following tenders in the future.

2.5. The announcement of the tender must contain the following information:

  • Country of the tender (to be filled in if the author of the tenders wants to receive applications from specific countries)
  • Scope of the tender (from the list the catalog group from spheres of economy is chosen)
  • Type of transaction (you need to choose one of the most suitable tender procedures)
  • Type of tender (you need to choose the type of tender transaction)
  • Price (total price of the contract)
  • Terms of the tender (the beginning and the end of the deadline for acceptance of documents)
  • The name of the tender
  • Short and complete description of the tender
  • Tender documentation.

2.6. Besides the minimum information on the list, the author of the tender can add blocks of additional tender requirements.

2.7. The author of the tender has no right to open a tender which does not correspond to the requirements of the site in the direction or catalog group of spheres of economy.

2.8. The tenderer does not have the right to open a tender without describing the tender process and the tender documentation.

2.9. Both personal data of the author and tender announcements can be checked by the administration.

2.10. The administration has the right to reject the tender without explaining the reasons.


3. Conditions for participation in tenders

3.1. On the site in tenders can participate those users who have the status of a Verified or Gold Partner.

3.2. Packages of placement A verified partner or Gold Partner users can purchase after registration in their personal account.

3.3. After acquiring the placement packages users gain access to the tender database and the right to participate (send applications) for a limited number of tenders per month.

3.4. For participating in tenders users must send applications in accordance with the requirements of the author of the tender.

3.5. The administration of the site is not responsible for the process of tenders and does not control the requirements of individual authors of tenders.

3.6. The administration of the site does not control the process of selecting the winners of tenders.

3.7. Administration does not perform mandatory verification of information posted in the tenders section.

3.8. The administration is not liable for material or non-material losses arising from the fault of one of the parties to the tenders.

3.9. The administration does not guarantee that the tendering processes will meet your requirements and be provided continuously or unmistakably.

3.10. If you notice any errors or the availability of tenders that do not meet the requirements of the site you can contact with administration.

Sellers of goods, wishing to work through our professional brokers, can officially use the services of the company "Kotlyar's Auction". Use our opportunities and connections to find buyers for a wide range of products:

  • Diamonds
  • Gold
  • Silver
  • Coal
  • Oil
  • Non-ferrous metals
  • Palladium
  • Lead
  • Zinc
  • Copper
  • Aluminum

Send your requirements and commercial offers to our brokers and receive Brokerage services without prepayment.


Requirements for Sellers and goods

Before you may register to become a Seller and access the services offered on our Site, you must read and accept all conditions of the Offer, as amended from time to time. This Offer is immediately effective after the registration of Sellers on the Site. As used herein, "Seller" shall mean any party who placing products in the online store, online auction or open tender, and "Buyer" shall mean any party who registers with the Site to shop online.

1. Our Authority

We have the sole authority and discretion to operate and maintain the Site. Accordingly, we reserve the right to remove any item, picture, or posting from our Site at any time for any reason, without notice to any Seller. We are under no obligation to remove or change any item, picture, or posting from our Site at any user’s request and any such requests shall be resolved at our sole discretion. We are not responsible for addressing or assisting with any disputes between or complaints about users. In the event of a concern, claim or dispute, users shall communicate directly with the other party in resolving such concern, claim or dispute. In the event we receive complaints from a Buyer about a Seller, we will investigate the complaint at our sole discretion and direct the Seller to respond to the Buyer directly. We reserve the right to refuse service to anyone, to reject any Seller membership applications, and to discontinue existing service at any time. We also reserve the right to close down any shop, remove any product or stop offering any of our services to any Seller, due to unprofessional conduct or practices, Buyer complaints.

2. Seller Representations and Covenants

By using our services you represent to us that (a) you are not a minor under applicable laws and you have the authority to enter into legal contracts; (b) you have legal title to and ownership of the products (including all intellectual property rights) that you feature on the Site; and (c) the information you have provided us during the registration process and thereafter, including all information relating to your items is to the best of your knowledge complete, truthful and accurate.

You also agree to:

• Deal with us and with Buyers in good faith, and refrain from offering any items that you have no intention to sell;

• Refrain from any unruly, disruptive, unprofessional, or offensive conduct while using our Site, communicating with our personnel, or with any user;

• Register on our Site using your real, verifiable name, and allow us to check periodically your real identity by requesting for verification as may be reasonable and appropriate, at our sole discretion.

You agree that you will not:

• Harass or interfere with the privacy of any Buyer, and post false, inaccurate, misleading, defamatory, or libelous content about any user;

• Utilize, copy, distribute, or harvest content, including photographs, from the Site for use elsewhere without written permission from the administration;

• Engage in any technology-related practices such as spamming, hacking, improper harvesting and use of user information, or distributing viruses or any technology that may harm the Site or any user;

• Violate any laws, third party rights, or any of our conditions posted on the Site.

• We may, at our sole discretion, with immediate effect and without notice, terminate this Agreement, restrict or terminate your access to the Site, upon your breach of any of the above representations and covenants.

3. Fees

By accessing our services, you agree to pay services according to the tariff plans posted on the Site.

4. Release of Claims.

Our Site acts as the marketplace. In the event you have a dispute with another Seller or with a Buyer, you hereby release administration (and our directors, officers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind arising out of or in any way connected with such disputes.

5. Intellectual Property Rights.

This Agreement does not grant you any intellectual property rights in our trade name, trademarks, logos, the Site, and any content developed by us, which shall remain our intellectual property.

6. Content License

When you provide us with content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise the copyright, publicity and database rights (but no other rights) you have in the content, in any media known now or in the future.

7. Termination

This Agreement is terminable at any time by any party. If you terminate this Agreement, you agree to no longer access or use our Site, to products and data.

8. Limitation of Liability

You will not hold us responsible for the actions or inactions of any Buyer or any Seller on the Site. You acknowledge that we are not involved in the actual transaction between Sellers and Buyers and do not guarantee the ability of Sellers to sell the items, the ability of Buyers to pay for the items, or that a transaction would actually be consummated. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE OUR SITE AND SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages exceed the amount of fees you have paid to us in the prior twelve (12) months. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

9. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF OUR SITE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. OUR SITE AND SERVICES ARE PROVIDED "AS IS" AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO OUR SITE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF OUR SITE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN OUR SITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN OR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.

10. Indemnification

You will indemnify and hold us (and our officers, directors, agents, and employees) harmless from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or any rights of a third party.

11. No Agency

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

12. Venue

The parties agree that any claim or dispute that arises under this Agreement shall be resolved by a court located in Israel, except as otherwise agreed by the parties.

13. Notices

Unless specifically provided otherwise, all notices under this Agreement may be provided via email or ordinary first class mail at the sending party's election. Email notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notices from us to you shall be sent to the email address you provided to us during your registration process.

14. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the use of our Site and services hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, whether oral or written, with the exception of any additional terms and conditions you are required to accept if you choose to use any of our additional services.

15. Additional Conditions

In addition to this Agreement, there are other conditions governing the buying and selling and general user experience that we post on our Site “Conditions”. Our Conditions may be changed from time to time and such changes take effect when we post them on the Site. We will not notify you when we amend any Conditions. When using particular services on the Site, you are subject to any posted Conditions applicable to services you use through the Site, which may be posted from time to time. You agree to observe and act in accordance with the Conditions during the term of this Agreement. In the event you fail to do so, you agree to promptly correct your action when notified by us.

16. Arbitration

Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Israel. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator may also award monetary damages, punitive damages, and injunctive relief, rescission, restitution, costs and attorney’s fees. The arbitration award shall be final and binding.

MORE DETAILS ON SELLER CHARGES AND FEES

Your account is funded on a prepay basis, similar to the way most sellers sell their items online: you pay us first and then we provide services.

Users who choose to delete their account permanently and who have at least $1 in their account may request and receive a refund of credit balance. Users must make their refund request at the time of deleting. Users will receive their refund within 30 days from the time they request it, provided there are no unresolved transactions.

All users must have sufficient funds available in their wallet by the 1st of the month to pay the fees due for the new month.

Requirements for Buyers

Before you may register to become a Buyer and access the services offered on our Site, you must read and accept all conditions of the Offer, as amended from time to time. This Offer is immediately effective after the registration of Buyers on the Site. As used herein, "Buyer" shall mean any party who placing products in the online store, online auction or open tender, and "Buyer" shall mean any party who registers with the Site to shop online.

1. Our Authority

We have the sole authority and discretion to operate and maintain the Site. Accordingly, we reserve the right to remove any item, picture, or posting from our Site at any time for any reason, without notice to any Seller. We are under no obligation to remove or change any item, picture, or posting from our Site at any user’s request and any such requests shall be resolved at our sole discretion. We are not responsible for addressing or assisting with any disputes between or complaints about users. In the event of a concern, claim or dispute, users shall communicate directly with the other party in resolving such concern, claim or dispute. In the event we receive complaints from a Buyer about a Seller, we will investigate the complaint at our sole discretion and direct the Seller to respond to the Buyer directly. We reserve the right to refuse service to anyone, to reject any Seller membership applications, and to discontinue existing service at any time. We also reserve the right to close down any shop, remove any product or stop offering any of our services to any Seller, due to unprofessional conduct or practices, Buyer complaints.

2. Buyers Representations and Covenants

By using our services you represent to us that (a) you are not a minor under applicable laws and you have the authority to enter into legal contracts; (b) you have legal title to and ownership of the products (including all intellectual property rights) that you feature on the Site; and (c) the information you have provided us during the registration process and thereafter, including all information relating to your items is to the best of your knowledge complete, truthful and accurate.

You also agree to:

• Deal with us and with Buyers in good faith, and refrain from offering any items that you have no intention to sell;

• Refrain from any unruly, disruptive, unprofessional, or offensive conduct while using our Site, communicating with our personnel, or with any user;

• Register on our Site using your real, verifiable name, and allow us to check periodically your real identity by requesting for verification as may be reasonable and appropriate, at our sole discretion.

You agree that you will not:

• Harass or interfere with the privacy of any Buyer, and post false, inaccurate, misleading, defamatory, or libelous content about any user;

• Utilize, copy, distribute, or harvest content, including photographs, from the Site for use elsewhere without written permission from the administration;

• Engage in any technology-related practices such as spamming, hacking, improper harvesting and use of user information, or distributing viruses or any technology that may harm the Site or any user;

• Violate any laws, third party rights, or any of our conditions posted on the Site.

• We may, at our sole discretion, with immediate effect and without notice, terminate this Agreement, restrict or terminate your access to the Site, upon your breach of any of the above representations and covenants.

3. Release of Claims.

Our Site acts as the marketplace. In the event you have a dispute with another Seller or with a Buyer, you hereby release administration (and our directors, officers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind arising out of or in any way connected with such disputes.

4. Intellectual Property Rights.

This Agreement does not grant you any intellectual property rights in our trade name, trademarks, logos, the Site, and any content developed by us, which shall remain our intellectual property.

5. Content License

When you provide us with content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise the copyright, publicity and database rights (but no other rights) you have in the content, in any media known now or in the future.

6. Termination

This Agreement is terminable at any time by any party. If you terminate this Agreement, you agree to no longer access or use our Site, to products and data.

7. Limitation of Liability

You will not hold us responsible for the actions or inactions of any Buyer or any Seller on the Site. You acknowledge that we are not involved in the actual transaction between Sellers and Buyers and do not guarantee the ability of Sellers to sell the items, the ability of Buyers to pay for the items, or that a transaction would actually be consummated. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE OUR SITE AND SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages exceed the amount of fees you have paid to us in the prior twelve (12) months. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

8. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF OUR SITE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. OUR SITE AND SERVICES ARE PROVIDED "AS IS" AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO OUR SITE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF OUR SITE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN OUR SITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN OR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.

9. Indemnification

You will indemnify and hold us (and our officers, directors, agents, and employees) harmless from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or any rights of a third party.

10. No Agency

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

11. Venue

The parties agree that any claim or dispute that arises under this Agreement shall be resolved by a court located in Israel, except as otherwise agreed by the parties.

12. Notices

Unless specifically provided otherwise, all notices under this Agreement may be provided via email or ordinary first class mail at the sending party's election. Email notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notices from us to you shall be sent to the email address you provided to us during your registration process.

13. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the use of our Site and services hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, whether oral or written, with the exception of any additional terms and conditions you are required to accept if you choose to use any of our additional services.

14. Additional Conditions

In addition to this Agreement, there are other conditions governing the buying and selling and general user experience that we post on our Site “Conditions”. Our Conditions may be changed from time to time and such changes take effect when we post them on the Site. We will not notify you when we amend any Conditions. When using particular services on the Site, you are subject to any posted Conditions applicable to services you use through the Site, which may be posted from time to time. You agree to observe and act in accordance with the Conditions during the term of this Agreement. In the event you fail to do so, you agree to promptly correct your action when notified by us.

15. Arbitration

Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Israel. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator may also award monetary damages, punitive damages, and injunctive relief, rescission, restitution, costs and attorney’s fees. The arbitration award shall be final and binding.

Terms of privacy

1. General provisions

1.1. Marketplace of elite goods «Kotlyar's Auction», hereinafter - the "Company", carries out the processing of personal data on the user's consent and on the basis of the State of Israel law in its activities.

1.2. The user (natural or legal person, the data subject), registering on site, placing information, filling orders, ordering or purchasing, as well as any in other activities that require a status of registered user accepts these privacy terms  (terms on the processing of personal data).


2. Collection and processing of personal data

2.1. In organizing and implementating the processing of personal data the Company is guided by the requirements of the laws of the State of Israel and other normative-legal acts.

2.2. By the term of "personal data" any information provided by the user  through the portal during registration and (or) connecting to a personal account of the personal pages of social networking is clear.

2.3. The Company is not responsible for the provision of inaccurate or false data by the users (personal data subject).

2.4. The company takes measures of removing or correcting not accurate or false personal datas if they are discovered.

2.5. The Company collects personal datas which are introduced into the data fields on site users themselves or other persons on their behalf.

2.6. Processing of personal data is carried out on a legal basis and is limited to the achievement of specific and legitimate purposes according to the Terms of Use.

2.7. The company may provide and (or) entrust the processing of personal data of users to another person.

2.8. A compulsory conditions of providing and (or) entrusting the proccesing of personal data to another person is a duty of the parties which keep confidentiality in their treatment.


3. Personal data subject has the right:

3.1. To require clarification of their personal data or deletion if the personal data are incomplete, outdated, inaccurate, and also edit or delete their data independently from their personal account.

3.2. To see a list of their personal data processed by the Company in a private account.

3.3. To appeal judicially against unlawful actions of processing of personal data.


4. In implementation of the requirements for the protection of personal data

4.1. To maintain the bisness reputation and  to ensure compliance with the laws of the State of Israel, the Company considers that it is an important task to ensure an adequate level of security of personal data that is processed.

4.2. The company requires from other persons who have access to personal data, not to reveal to third parties or distribute personal information without the consent of the subject of personal data.

4.3. To ensure the security of personal data the Company is taking the necessary technical measures to protect against unauthorized or accidental access to them particularly providing SSL encryption.

4.4. To contact by e-mail: admin@kotlyars.com if there are questions in changing or deleting the personal data that have been filled in the registration or by the third parties.