Valid as of 16 October 2023
1. Service Provider
Pivo Wallet Oy (business ID 2241007-8) hereinafter (“Service Provider”).
Gebhardinaukio 1, 00510, Helsinki.
Belonging to OP Financial Group, Pivo Wallet Oy is registered in the Trade Register maintained by the Finnish Patent and Registration Office.
2. Scope of application
These terms and conditions apply to vehicle sales between consumers carried out in the OP Smart Contracts service.
3. Definitions
Buyer means a private individual buying a vehicle in the Service.
Customer Asset Account means an account of the payment service provider OP Corporate Bank plc used to temporarily retain the funds of the Service’s Buyers during vehicle sales.
International Sanctions refer to sanctions, financial sanctions, export or import bans, trade embargoes, or other restrictions imposed, administered, approved or executed by the Finnish government, United Nations, European Union, United States of America and United Kingdom or their competent authorities or governing bodies, or to administrative asset freezing measures imposed by the Finnish National Bureau of Investigation.
Seller means a private individual selling a vehicle in the Service.
Service means the OP Smart Contracts service in which the Seller and Buyer conduct a vehicle sale.
Transfer notification means a certificate of the vehicle’s ownership having been transferred to the Buyer.
4. OP Smart Contracts service
The Service Provider is responsible for:
1) the technical implementation and maintenance of the digital service platform;
2) providing OP Smart Contracts financing as an agent of OP Corporate Bank plc and on behalf of OP Corporate Bank plc; and
3) providing motor vehicle insurance in the OP Smart Contracts service as an agent of Pohjola Insurance Ltd and on behalf of Pohjola Insurance Ltd.
The OP Smart Contracts service (hereinafter “Service”) is a website intended for persons of age who live in Finland and are conducting vehicle sales between consumers. With strong electronic identification, you can take care of everything related to the vehicle sale in one service, from the deed of sale to financing, payment, insurance and registration. Services provided through the service (insurance and financing) have separate customer onboarding processes.
The Seller and Buyer must log in to the service through its website. Logging in requires strong electronic identification.
Buying a vehicle and concluding a sale in the Service
The Seller opens and fills in the template for the vehicle’s deed of sale in the Service. The Seller invites the Buyer to read the deed of sale in the Service by sending the Buyer a message in the Service. The Buyer reads the deed of sale and fills in their own contact information on the deed of sale. Next, both parties accept or reject the content of the deed of sale.
A sale is only concluded in the Service once both parties to the sale have accepted the deed of sale, the Buyer has paid the transaction price to the Customer Asset Account, and the Seller has filed an electronic transfer notification in the Service. If the vehicle is not insured with Pohjola Insurance Ltd, the Seller must file the transfer notification in Traficom’s electronic service. The service confirms from Traficom’s transport register that the transfer notification has been made from the Seller to the Buyer or the Buyer has registered the vehicle for themselves.
The vehicle sale must be concluded in the Service within 72 hours of the Seller sending an invitation to the Buyer on the Service (“Sale Period”). If the transaction price has been paid to the Customer Asset Account within the Sale Period, the Service checks if the transfer notification has been filed within 12 hours of the conclusion of the Sale Period or the vehicle is registered under the name of the Buyer.
If the Seller does not file an electronic transfer notification within the time indicated above or the Buyer has not registered the vehicle under their name, the transaction price is returned to the Buyer, and the sale expires. If the sale expires, any transaction price paid to the Customer Asset Account will be returned to the Buyer. If the Buyer does not pay the transaction price within the Sale Period, the sale expires.
The deed of sale is available in the Service in PDF form for one year from the conclusion of the sale.
Safe use of the Service requires that both parties are not using any other payment services in parallel with the OP Smart Contracts service.
Optional additional services provided through the Service
The Buyer can apply for financing in the Service for the purpose of buying the vehicle in the Service. In addition, the Buyer can apply for financing before the vehicle sale by logging in to the Service and apply for financing covering part or all of the transaction price. The financing applied for can only be used for purchasing a vehicle in this Service. The customer onboarding follows OP Corporate Bank plc’s lending process.
The Buyer may purchase Pohjola Insurance Ltd’s motor liability and motor vehicle insurance for a vehicle they have purchased in the Service for seven days from the conclusion of the sale in the Service. The customer onboarding follows Pohjola Insurance Ltd’s insurance granting process.
Registration
If the Buyer wishes, they may register the vehicle in Traficom’s transport register in the Service after purchasing insurance. Registration in the Service requires Pohjola Insurance Ltd’s motor liability insurance to have been purchased in the Service. Pohjola Insurance Ltd will charge the Buyer a registration fee according to Traficom’s prices and forward the payment to the Finnish Transport and Communications Agency Traficom.
Using the Service is free of charge.
5. Payment of transaction price in the Service
The payment terms and conditions are agreed separately in the Service between OP Corporate Bank plc and the Buyer.
Below is a description of the payment fees in the Service:
Once the Parties have accepted the deed of sale in the Service, the Buyer pays the transaction price in full to OP Corporate Bank’s Customer Asset Account, which is used to retain the funds on behalf of the Buyer. The transaction price will be transferred from the Customer Asset Account to the Seller when the Seller has filed the transfer notification for the vehicle.
6. Restrictions on use of the Service
It is prohibited to use the Service for professional or commercial activities.
You may sell no more than four (4) vehicles in the Service per year. You may resell the same vehicle in this Service no earlier than one (1) month after the ownership of the vehicle has been transferred. The Service Provider reserves the right to define restrictions related to vehicles and vehicle ownership preventing use of the Service. A vehicle may not be sold in the Service if
- The Seller or Buyer is not of age, or a legal guardian has been appointed to the Seller or Buyer.
- The Seller or Buyer’s permanent address is not in Finland.
- The vehicle type is not supported by the service. You can find the up-to-date list of vehicle types supported by the service here.
- The vehicle has transfer or export registration plates, or the vehicle is export-registered.
- The Seller does not have sole ownership of the vehicle, or the vehicle is owned by a finance company or death estate.
- The vehicle’s transaction price is more than 99,999 euros.
- Traficom’s vehicle information contains a restriction on sales (for reasons such as the vehicle being stolen, deemed unfit for use or having vehicle taxes past due).
- The vehicle is registered in the Åland Islands.
- For another justified reason.
7. OP Smart Contracts service availability and technical requirements
The Service Provider does not guarantee the uninterrupted and undisrupted availability of the Service. The Service Provider is not responsible for the uninterrupted, timely and flawless functioning of the Service. The Service Provider is not responsible for any technical faults in the Service, interruptions due to maintenance or installation activities, any changes or losses caused by maintenance or installation activities to data contained in the Service or other data, or any data transfer-related problems, disruptions or interruptions caused by third parties.
8. Responsibilities
The Seller and Buyer are responsible for the information they provide in the Service and the accuracy of said information. The Service Provider is not a party to the sale and is not responsible for the information provided by the Seller or Buyer, or for the vehicle being sold.
The Service Provider does not verify the information of vehicles being sold in the Service or otherwise monitor the quality or legality of vehicle sales conducted in the Service, or whether or not the vehicle sales are appropriately concluded.
The Service Provider is not responsible for taxes or insurance related to vehicle sales.
The Service Provider is not responsible for the Buyer and Seller having the right to conduct vehicle sales with each other in the Service.
The Service Provider is not responsible for the Seller or Buyer’s expressions of wishes in the Service or their validity.
If a vehicle sale that has been agreed is not concluded, or the Seller or Buyer is in breach of the contract between the parties, the Service Provider does not have a responsibility to seek a replacing contracting party or vehicle, or to pay compensation for harm or damage caused by the contractual breach, nor is the Service Provider otherwise responsible for matters between the Seller and Buyer.
9. Service Provider’s right to prevent use of the Service
The Service Provider has the right to prevent use of the Service entirely or in part if:
- you have provided incorrect data either when identifying for the Service or later;
- you are subject to International Sanctions;
- the security of use of the Service is in jeopardy;
- there is reason to suspect that the Service is being used in an unauthorised manner or with fraudulent intent; or
- if the Service Provider has another justified reason related to risk management.
10. Liability for loss or damage
The Service is provided “as is”, and we do not guarantee that it is error-free or available without interruption. If we cause loss or damage, we will only compensate direct loss or damage unless we caused the damage wilfully or through gross negligence, or unless otherwise provided by mandatory legislation.
The Service Provider will not be held liable for any damage or loss caused by a force majeure event or any unreasonable comparable impairment of the Service Provider’s operations due to a similar cause. Force majeure encountered by the service provider or its supplier entitles the Service Provider to suspend the provision of the Service.
11. Alteration of the Service and its terms and conditions
The Service Provider reserves the right to alter these terms and conditions, the Service’s content, appearance and availability, and to prevent access to the Service or shut down the Service without prior notice. For clarity, the terms and conditions accepted by a Seller or Buyer in the Service will remain unchanged throughout the Sale Period and the 12 hours following the Sale Period.
12. Personal data processing
The Service Provider processes your personal data in accordance with the legislation in force and in a manner described in greater detail in the Privacy Notice. We recommend that you read the privacy protection information referred to.
The Privacy Notice is available at www.op.fi/dataprotection.
The Service Provider may store information related to your transactions and events and record telephone calls made to customer service. The stored information and recordings may be used for purposes specified in the Privacy Notice.
13. Intellectual property rights
All rights related to the Service and its content, including proprietary rights, copyright, patents, trademarks and all other intellectual property rights, belong to the Service Provider and/or partners and/or third parties, unless otherwise specifically agreed where relevant.
When using the Service, you may not infringe the intellectual property rights of the Service Provider or its partners. Neither the Service nor its content (in part, as such, or modified) can be modified or copied in any manner whatsoever, or shared, distributed, transmitted, displayed publicly or published in another manner.
14. Transfer of the Service
The Service Provider has the right to transfer this Service, including the related rights and obligations, in full or in part to a party specified by the Service Provider.
15. Problems, applicable laws and jurisdiction
The laws of Finland apply to this Service, with the exception of choice of law rules, regardless of the country where the Service is used.
If you have any issues related to the Service, please contact us first, and we will try to resolve the matter together. Contact information: customer support +358 10 253 0300.
If the question or issue is related to a vehicle sold through the Service, please contact the other party to the Sale. You can submit the matter to the Consumer Disputes Board – www.kuluttajariita.fi. You can also bring an action in the District Court of your Finnish domicile or in Helsinki. If you are not domiciled in Finland, the place of jurisdiction is the Helsinki District Court.
The Service Provider is supervised by the Consumer Ombudsman in matters related to consumer issues. Consumer Ombudsman, Finnish Competition and Consumer Authority, Haapaniemenkatu 4 A, 7th floor, P.O. Box 5, 00531 Helsinki (https://www.kkv.fi/en/)