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§ 1 General provisions

  1. These Terms and Conditions define the rules and conditions under which the Service is provided by the Operator for the price specified in the Price List, the rules and conditions of the participation in Buy It Now Purchases and Auctions, as well the conditions of the sale of items offered by the Seller.
  2. These Terms and Conditions are an integral part of the Agreement mentioned in § 2 point 5, in particular of agreements for the purchase and sale of rights and items within the Service. The current revision of these Terms and Conditions is always available on the Main Page.
  3. Logging into the Service indicates your acceptance of the current revision of these Terms and Conditions pursuant to the rules specified in § 11 points 1-4 of these Terms and Conditions.
  4. When used in these Terms and Conditions the following terms shall have the following meanings:
    1. 4.1. Terms and Conditions – this document;
    2. 4.2. Operator – Welmory Limited with its seats in Cyprus, Nicosia P.C. 1065 Arch. Makariou III, 2-4/703, established under No. HE 245903 under the laws of Cyprus and registered in the register held by the Ministry of Energy, Commerce, Industry and Tourism, Department of Registrar of Companies. The Company's initial capital amounts to € 1,001,000.00 (one million and one thousand Euro);
    3. 4.3. Seller – a private individual, a legal entity or an organizational entity without legal personality which, after going through the verification process and signing relevant agreements with the Operator, received the status of the Seller from the Operator;
    4. 4.4. Authorisation – the process of agreement verification and signing with the Operator ended in that the Operator has granted the status of the Seller pursuant to the procedure specified in § 3 below;
    5. 4.5. Service – the on-line transaction services rendered by the Operator, under the wellbid.com and za10groszy.pl domains, where the Operator organizes Buy It Now Purchases and Auctions and enables the purchase of the right to Bid or Bid with Autobid, as well as placing Bids and Bids with Autobid;
    6. 4.6. Buy It Now Purchase, also defined as the Buy It Now – the sale of items conducted in accordance with these Terms and Conditions, fully defined in §4;
    7. 4.7. Auction – the sale of items conducted under these Terms and Conditions, fully specified in §5;
    8. 4.8. Bid – using the option of the Service enabling the indication of a wish to purchase a particular item for a particular price offered on an Auction and offering a higher price by the Incremental Bid Amount than the Current Price, enabling the conclusion of a sale agreement for the item being the object of the Auction;
    9. 4.9. Autobid – a Bid performed automatically by the System, on behalf of the User and on his/her Account without the participation of the User according to the Autobid Parameters set by the User;
    10. 4.10. System – the computer system providing the Service activity;
    11. 4.11. BID, Returnable BID – the right to a single Bid, a Bid by Autobid, or to other action specified in the Terms and Conditions or Service pages, where Returnable BIDs are purchased from the Operator according to the Price List or purchased as a result of the item exchange. BIDs which are not Returnable BIDs are purchased in other cases specified in these Terms and Conditions, or on the Service pages, in the Help or FAQ;
    12. 4.12. Pool of BIDs – an amount (a pool) of BIDs and Returnable BIDs at the User’s Account, which are used in Auctions offered by the Service;
    13. 4.13. User – a private individual with a full legal capacity who has reached the age of majority and registered with the Service who has correctly registered with the Service and has access to his/her Account. A person is identified by the first name, surname, and the date of birth;
    14. 4.14. Related Accounts - Accounts of two or more Users with at least one element in common:
      1. 4.14.1. Residential address;
      2. 4.14.2. Shipping address;
      3. 4.14.3. Bank account/credit card used for payment for Returnable BIDs, Buy It Now or an Auction.Accounts can also be related when the same computer has been used on those Accounts.
    15. 4.15. Price List – information published by the Operator on one of the pages defining the conditions and the amount of payment required to purchase Returnable BIDs;
    16. 4.16. Duration of Buy It Now – a particular time at which the User may purchase an item that has been put up for the Buy It Now;
    17. 4.17. Remaining Time to the End of the Auction – time left to the end of the Auction excluding time essential for System maintenance and recesses in System operations;
    18. 4.18. End of Auction – the moment when the Remaining Time to the End of the Auction has ended as marked by the System displaying the word “Finished” on the Auction Page;
    19. 4.19. Account – a data managed by the Operator for the User under a unique name (Username), such data comprising the User’s personal data and his/her Account history within the Service. The data is displayed in the "MY ACCOUNT" tab;
    20. 4.20. Auction Parameters – a set of individual data and features of a given type of Auction;
    21. 4.21. Autobid Parameters – the parameters of Autobid, set by the User on the Auction Page;
    22. 4.22. Incremental Bid Amount – high offer made by a User at an Auction in progress;
    23. 4.23. Confirmation – a notification sent via the internal messaging system accessible from the User Account, confirming the End of Auction and sent to the Auction Winner by the Operator according to the procedure defined in § 5 point 6 of these Terms and Conditions;
    24. 4.24. Buy It Now or Auction Page – the page where the Buy It Now or the Auction of a particular item takes place. It includes the name of the item, its technical description, the price of the item for the Buy It Now Purchase given by the Seller in advance, as well as shipping fees and other costs typical of a given kind of purchase at the Buy It Now or an Auction;
    25. 4.25. Starting Price – the initial price of the item offered by the Seller at the beginning of the Auction;
    26. 4.26. Current Price – the price offered by the Current Winner. Where no User has placed a Bid yet and no Bid has been made by the Autobid, the Current Price equals the Starting Price;
    27. 4.27. Purchase Price – the price defined by the Seller at which the User may purchase the item with the Buy It Now option or the price that the Auction Winner has placed as an offer for which he/she purchases the auctioned item;
    28. 4.28. Buyer of the Buy It Now – the User who has purchased an item with the Buy It Now option, pursuant to the rules specified in §4;
    29. 4.29. Current Winner – the User who will become the Auction Winner as long as no other User has made a Bid or Autobid before the Auction finishes, pursuant to the rules in §5;
    30. 4.30. Auction Winner – the User who has won the Auction pursuant to the rules in §5;
    31. 4.31. Cookies – a piece of information stored by the server on the User's computer or other data terminal equipment in the text file. The computer’s server may read the cookie again while establishing connection as appropriate from that computer or other data terminal equipment.

§ 2 Registration

  1. Registration in the Service is free of charge.
    1. 1.1. The registration in the Service requires the acceptance of these Terms and Conditions. By registering, the User declares that he/she has read and accepted the content of the most recent version of these Terms and Conditions and all the rights and responsibilities resulting from these Terms and Conditions;
    2. 1.2. Only private individuals with a full legal capacity who have reached the age of majority have the right to register, provided that their agreement for the use of the Service was not previously terminated by the Operator because of the violation by them of law, the established custom, good practice and these Terms and Conditions;
    3. 1.3. If the User whose agreement was previously terminated due to any of the reasons mentions in 1.2. above is found to register again, the Operator shall block his/her Account immediately and the Pool of BIDs on his/her Account will be forfeited as a penalty for repeated gross breach of the Terms and Conditions.
  2. In order to register it is necessary to complete the registration form, following the instructions posted on the Service pages.
  3. All the personal data given must pertain to the person ordering the service and be true. In particular, the name, surname, date of birth, and residential address must match that shown on the identity card or another identity document. The Operator takes no liability for invalid data provided by Users in their Accounts. Amending the data after registration is only possible in justified cases and requires prior contact with the Operator. This restriction does not include shipping addresses, which can be modified directly by the User.
  4. The System sends registration confirmation the to the e-mail address specified in the registration form, or as a text (SMS) message.
  5. Upon registration of an Account in the Service, an agreement is concluded between the entity being registered and the Operator, where the subject matter are the services provided by the Operator in the Service in accordance with the Terms and Conditions.
  6. The User may withdraw from the agreement mentioned in point 5 within the first 14 days without stating a reason by sending a relevant statement either by e-mail or letter. If the User has already taken part in promotions, purchased Returnable BIDs or performed any actions within the Service, he/she is not entitled to terminate the agreement.
  7. The User is not allowed to alter the Username, e-mail address, or phone number entered during registration.
  8. The Username must be unique to each Account.
  9. The User can have only one Account. A person is identified by the name, surname and date of birth. Under special circumstances the Operator may allow an exception to this rule only upon written request of the User.
  10. The User is not allowed to use other Users' Accounts or let other persons use his/her Account. The Users of Related Accounts cannot participate in the same Auction.
  11. Accounts are non-transferable.
  12. In the Service there is no limit defining how many times the User may participate in the Buy It Now.
  13. In the Service there is a limit defining how many times one User can become an Auction Winner excluding BID packs, which does not invalidate the right under § 5 point 11. Further details are available in the Help or FAQ pages. The limit and current balance of won Auctions included in that limit can be reviewed after logging into the System.
  14. In the Service there is an additional limit defining how many times one User can become a BID Pack Auction Winner, which does not invalidate the right under § 5 point 11. Details are available in the Help or FAQ pages. The limit and current balance of won Auctions included in that limit can be reviewed after logging into the System.
  15. The Operator reserves the right to verify and check User information during and after registration. If any inaccuracy is found, the Operator reserves the right to block the User's Account. This may take place, in particular, when any inaccuracy of the data of the entity being registered with the actual data is found.
  16. In the event of a change in the User's data, the User is obliged to update such information immediately, otherwise the Account may be blocked by the Operator.
  17. All and any actions of the User using the Service shall be in compliance with all applicable law, and in accordance with these Terms and Conditions as well as the established custom and good practice. In particular, the User may not use the Service to provide any content that infringes the law or recognized moral standards, or act in cooperation with other Auction participants or a third party in a way that influences the result of an Auction. In particular, the Users of Related Accounts are not allowed to participate in the same Auctions. The Operator shall notify the User in the event of behaviours considered to violate established custom and good practice. User actions contrary to these provisions can result in the blocking of the Account and cause termination of the agreement regarding the use of the Service, refusal of Confirmation and the penalty shall be imposed specified in § 5 point 14.
  18. The User should archive any information about transactions made through the Service on a data storage device for possible use in filing complaints. The failure to fulfil this obligation by the User constitutes that he/she accepts the archived transaction data provided by the Service.
  19. The User has the right to participate in competitions organized by the Operator whose rules will be defined in the Terms and Conditions of Competitions published on special sub-pages of the Service Website. The competitions are not games of chance as defined by relevant Cypriot gaming laws.
  20. The technical requirements necessary to use the Service include any graphical web browser with JavaScript enabled and encrypted connection using SSL protocol.

§ 3 Authorization. The Seller

  1. Only Sellers are authorized to list items for Buy It Now or Auctions held by the Service.
  2. The status of the Seller is granted to a private individual, legal entity, or organizational unit without legal personality that has received the Operator’s Authorization in accordance with the procedure specified below.
  3. The rules of selection and Authorization of the Seller:
    1. 3.1. Filing of the Authorization application by sending it to the e-mail address: [email protected];
    2. 3.2. Verification of the application by the Operator;
    3. 3.3. Acceptance or refusal of the application;
    4. 3.4. Conclusion of the cooperation agreement in the case when the application has been approved.
  4. For private individuals, the application specified in point 3.1. above shall include the same information required to create an Account in the Service. For legal entities or organizational units without legal personality, it shall include their business registration information. The Operator reserves the right to request additional information or documentation in response to an application.
  5. The Operator reserves the right to decline the Authorization application from a private individual, legal entity, or organizational unit without legal personality without providing an explanation.
  6. Upon conclusion of the cooperation agreement between the Operator and a private individual, legal entity, or organizational unit without legal personality, the individual, entity, or unit in question is granted the status of a Seller and the right to list items for Buy It Now or Auctions in accordance with the rules specified in the agreement.

§ 4 Buy It Now

  1. Buy It Now is an option to purchase an item for a Purchase Price set by the Seller without the necessity to participate in an Auction. The User may use the Buy It Now option at any point of the Auction, as well as after the Remaining Time to the End of the Auction, at the Duration of Buy It Now.
  2. The item put up for sale in the Buy It Now shall be made available by the Operator in the Service on the Buy It Now Page and the Auction Page at the Duration of Buy It Now.
  3. Each User of the Service whose Account is not blocked may participate in the Buy It Now.
  4. The buyer who uses the Buy It Now option purchases the item in the way specified in this section by clicking the “BUY IT NOW” button on the Buy It Now Page. This means that the User concludes the sale agreement for the item with the Seller. The Operator informs the User, on behalf of the Seller, by sending an e-mail with confirmation of the purchase, and the fulfilment of the agreement depends on the fulfilment of the sale conditions specified in §7, including the payment of the Purchase Price by the User.
  5. The conditions of the sale agreement, delivery, warranty and the payment for the item mentioned above are specified in §7 of these Terms and Conditions.
  6. In accordance with the rules mentioned below, a User who has purchased an item with Buy It Now and has simultaneously participated in the Auction acquires the right to purchase the item at a discounted Purchase Price, with the restriction to point 7, or to the return of the Returnable BIDs in the amount and according to the rules specified in point 8 and 9. The User is entitled to the mentioned rights provided that the User has fulfilled the obligation imposed in § 7 point 7 and has not used the right specified in § 7 point 10 of these Terms and Conditions.
  7. The Purchase Price will be discounted by the settlement amount of Returnable BIDs which the User has placed at the Auction. The discounted Purchase Price cannot be lower than 50% of the Purchase Price specified in Buy It Now Page.
  8. The return mentioned in point 6 above shall occur in the following manner: BIDs, in the amount equivalent to the amount of Returnable BIDs expended between the time of joining the Auction and the End of Auction, shall be credited to the User's Pool of Bids.
  9. If the User has met all the obligations specified in §7, in particular §7 point 7, the Operator shall begin the recuperating procedure of Returnable BIDs, and the return shall begin within 45 days from the confirmation of an item receipt and, at the same time, the Operator shall replenish the User’s Pool of BIDs unless the User has terminated the sale agreement in accordance with § 7 point 10.
  10. The number of Buy It Now Purchases made by the User is indicated in User's Account, in the “MY ACCOUNT” tab.
  11. It is forbidden to use any software unauthorized by the Operator by any User in order to participate in the Buy It Now and the provisions of §5 points 14 and 15 shall apply as appropriate.
  12. Operator and Seller employees and their family members of are strictly forbidden to participate in the Buy It Now option.

§ 5 Auctions

  1. Each Auction is conducted on the basis of the conditions specified in the Auction Parameters.
  2. An Auction begins when the Operator makes the Bid function for that Auction available on the Auction Page.
  3. The Starting Price is defined in the Auction Parameters.
  4. Bid placement rules:
    1. 4.1. The User places Bids using the Pool of BIDs available on his/her Account by choosing the “BID” button located on the Auction Page or another page of the Service concerning the particular Auction;
    2. 4.2. Placing Bids is possible only if the User has at least 1 BID or 1 Returnable BID in the Pool of BIDs on their Account;
    3. 4.3. Placing Bids or Autobids decreases the Pool of BIDs at least by 1 BID or 1 Returnable BID in accordance with Auction Parameters, in the order specified in the Help or FAQ pages;
    4. 4.4. After the beginning of the Auction the Service updates the Remaining Time to the End of the Auction with accuracy to one second;
    5. 4.5. Each bid placed by the User extends the Remaining Time to the End of the Auction in such manner that it is made equal to the Current Time to Bid for this particular Auction, provided that the Remaining Time to the End of the Auction is shorter than the Bidding Time;
    6. 4.6. The Current Price is displayed on the Auction Page;
    7. 4.7. After each Bid or Autobid the Current Price of the item at the Auction is increased by the Incremental Bid Amount defined in the Auction Parameters;
    8. 4.8. The User who places the last Bid becomes the Current Winner;
    9. 4.9. The Auction finishes at the End of Auction, signified by the "Finished" sign on the Auction Page; this information does not, however, mean automatic Confirmation;
    10. 4.10. The Current Winner becomes the Auction Winner at the End of Auction, and the Current Price becomes the Purchase Price.
  5. Rules of using Autobid:
    1. 5.1. In the case of selection of Autobid, Autobid Parameters have to be set separately for each Auction in accordance with the rules specified on the Auction Page;
    2. 5.2. Autobid is performed automatically by the Service in the time between the initially marked Remaining Time to the End of the Auction and its End, according to the rules mentioned in 4.6. and 4.7. and in accordance with the definition in § 1 point 4.18;
    3. 5.3. Autobid is possible only if the User has at least 1 BID or 1 Returnable BID in the Pool of BIDs on an Account;
    4. 5.4. Each Autobid decreases the Pool of BIDs at the User's Account by at least 1 BID or 1 Returnable BID, in accordance with the Auction Parameters, in the order specified in the Help or FAQ pages;
    5. 5.5. After the beginning of the Auction the Service updates the Remaining Time to the End of the Auction with one second accuracy;
    6. 5.6. When several Users set up their Autobids, the Service will place Bids on their behalf, in accordance with the rules specified in point 5.2.; the Current Price is increased by the total amount of all Bids placed by Users who set up their Autobids. The Remaining Time to the End of the Auction is extended in such manner that it is made equal to the “Current Time to Bid” for this particular Auction, provided that the Remaining Time to the End of the Auction is shorter than the Current Time to Bid; the User who has set the Autobid last becomes the Current Winner;
    7. 5.7. When only one User uses the Autobid, the Service Bids on his/her behalf, in accordance with the rules in point 5.2; the Current Price is increased by the Incremental Bid Amount; the Remaining Time to the end of the Auction is extended in such manner that it is made equal to the Current Time to Bid, provided that the Remaining Time to the End of the Auction is shorter than the Current Time to Bid; The User who has set the Autobid last becomes the Current Winner;
    8. 5.8. The rules concerning Autobid not mentioned in points 5.1.-5.7. are the same as the Bidding rules defined in point 4 or specified in detail for a particular Auction on the Auction Page;
    9. 5.9. The User uses the Autobid on his/her own risk and responsibility;
    10. 5.10. The Operator informs that using the Autobid does not guarantee winning the Auction. The result of the User's participation using the Autobid in an Auction depends on the Autobid Parameters.
  6. After the end of the Auction, and immediately after performing the procedures specified in point 13 of this section, the Operator, acting on the behalf of Seller, sends a confirmation of the win (Confirmation) to the Auction Winner. The confirmation is sent via the internal messaging system accessible from the User Account .
  7. The Auction Winner concludes with the Seller a sale agreement for the item Auction as specified in the Auction Parameters, upon Confirmation, for the Purchase Price. The agreement is not concluded when the Auction is cancelled in accordance with point 14 of this section.
  8. The conditions concerning the sales agreement, delivery, warranty and payment for the item as defined in point 7 of this section are included in § 7 of these Terms and Conditions.
  9. A User who has participated in the Auction is not entitled to retract Bids already placed. Participation in an Auction does not guarantee winning which depends solely on the participants taking part in the Auction.
  10. It is forbidden to use any software unauthorized by the Operator in order to participate in the Auction, place Bids or Autobids.
  11. The User can participate in an unlimited number of Auctions, except as noted in §2 points 13 and 14.
  12. The number of Auctions won by the User as well as of all Auctions in which the User placed a Bid can be reviewed at the User's Account via the "MY ACCOUNT" tab.
  13. After the Auction finishes the Operator immediately verifies the Auction for technical regularity and compliance with the Terms and Conditions.
  14. The Operator reserves the right to invalidate the Auction if the User is found to have used software unauthorized by the Operator, or has violated the law, good practice (in particular through the cooperation with other Users or third parties that may manipulate the outcome of an Auction) or these Terms and Conditions, also in case of the breakdown of the System or of a technical error, which may also influence the result of the Auction. If this occurs, the Operator immediately informs all participants about the cancellation of the Auction via the internal messaging system accessible from the User Account, and returns all BIDs and Returnable BIDs used, with the exception of the User referred to in the preceding sentence. Moreover, the Operator is entitled to block the Account of such a User, refuse Confirmation or inflict sanctions: forfeiture of all BIDs and Returnable BIDs on the User's Account as a contractual penalty for the violation of the Terms and Conditions.
  15. In the case the Operator confirms the violation of law, good practice or the Terms and Conditions by a participant in the Auction while it is being conducted, the Operator also reserves the right to exclude such a User from the Auction by blocking this User's Account, the refusal of Confirmation, the application of a contractual penalty in the form of the forfeiture of the Pool of BIDs on this User's Account and the possible introduction of sanctions mentioned in § 10 points 1.1. and 1.2.
  16. If a breakdown or error mentioned above is found, and can be removed in a short time, the Operator will stop the Auction and eliminate the breakdown or error.
  17. The Operator may introduce special types of Auctions. Users will be informed about any such Auctions on the Auction Page and the Sign-in Page, or through other announcement. Any Auction features and rules differing from those defined in this section will be specified in the Help or FAQ pages.
  18. Operator and Seller employees and their family members of are strictly forbidden to participate in Auctions.

§ 6 Fees

  1. The right to Bid and Autobid in the Auction specified in § 5 is payable. In order to use Service functions enabling the purchase of a particular item offered at the Auction, Returnable BIDs must be purchased. The price of the Returnable BIDs is included in the Price List. In addition to the cost of purchasing the BIDs. Paying for Bids or Autobids does not release the Auction Winner from the obligation to pay the Purchase Price.
  2. In order to purchase Returnable BIDs, the User must choose the amount of Returnable BIDs to be purchases from the Price List, select the payment method, and complete the payment. Once the payment is confirmed, the User acquires the right to Bid or Autobid.
  3. Fees for the services provided by the Operator are paid by the User through recognised third party companies.
  4. Purchased Returnable BIDs replenish the Pool of BIDs at the User's Account.
  5. Returnable BIDs and BIDs are valid for 180 days from the date of the purchase or their receipt. After the expiry of their validity, if they are unused, they are automatically removed from the Pool of BIDs on the User's Account. In this case appeals procedures shall be denied.
  6. BIDs and Returnable BIDs used by the User are withdrawn from that User’s Account automatically.
  7. A User has no right to receive BIDs and Returnable BIDs back apart from the case specified in § 4.

§ 7 Sale conditions

  1. The sale agreement is concluded between the User and the Seller. The Operator is not a Party to that sale agreement and only enables the Users to make sale agreements with the Seller on the basis of the rules described in these Terms and Conditions.
  2. To receive the purchased item, the User shall define a shipping address in the “MY ACCOUNT” tab, under “BUY IT NOW” or “WON,” immediately after making the purchase. If the shipping address is not defined within the specified time, the User shall contact the Operator through the contact form to extend the deadline. The Operator makes the shipping information immediately available to the Seller. In the event of a delay in providing the shipping address, neither the Operator nor the Seller shall be liable for any delays in the shipment of the item purchased with Buy It Now or at an Auction.
  3. A User concluding the sale agreement through Buy It Now shall pay the Purchase Price at the time of purchase. A User concluding the sale agreement by Confirmation shall complete the payment within 7 days from the Confirmation date. The deadline may be extended upon request from the User, submitted via the internal messaging system accessible from the User Account, and with Seller's consent given in the same manner. Should the User fail to meet the deadline, the Seller shall have the right to withdraw from the sale agreement. The User shall be informed about the withdrawal via the internal messaging system.
  4. The Seller shall deliver the purchased item to the User or to an authorized person at the address provided in accordance with point 2 mentioned above within 14 days after the Purchase Price is received in the Seller's bank account. The Seller shall inform the User about the dispatch of the item purchased by granting the status “sent” in the System. The User must meet the shipping costs.
  5. The package with the purchased item can be sent by an entity acting in understanding with the Seller on the basis of a relevant agreement, which does not affect the rights and obligations of the User.
  6. The User after receiving the item must confirm the delivery.
  7. After receiving the item the User who have purchased an item with the option Buy It Now confirms the receipt of the delivery at the Service Website.
  8. The Seller is not liable for any damage of items incurred during delivery or for the actions of the courier/postal service.
  9. The Seller issues an invoice for the item according to information defined in § 2 point 3 of these Terms and Conditions or, when the above-mentioned information is not provided, in accordance with point 2 of this section.
  10. The User has the right to withdraw from a sale agreement without stating a reason within 14 days after receiving the item. The withdrawal notice must be submitted in writing or via the internal messaging system, accessible from the User Account. The object of sale must be returned in unused condition to the Seller's address within the time specified above.
  11. The Seller has the right to withdraw from a sale agreement for as item purchased with Buy It Now, within the time limit set out in accordance with point 4 for the delivery of the item. The User shall be informed by e-mail. If the User has already paid the Purchase Price, the paid amount must be returned immediately.
  12. The Seller has the right to terminate the sale agreement for the item purchased as a result of the User becoming the Auction Winner, within the time limit set out in accordance with point 4 for the delivery of the item. The User shall be informed by e-mail. The User is entitled to compensation in the amount of the average market value of the purchased item if the cause of the termination of the agreement was not the situation described in § 2 point 17. If the User has paid the Purchase Price before termination of the sale agreement, the paid amount is subjected to immediate refund.
  13. The Purchase Price and the financial compensation mentioned above are transferred within 7 days to the bank account specified by the User.
  14. The User acquires the right to file a claim with regards to an item purchased at the Buy It Now or Auction in accordance with the provisions of Manufacturer or Seller warranty and in keeping with appropriate Cypriot legislation.
  15. All items sold in the Service are free of physical and legal defects, factory-new, and delivered by the Seller with manufacturer's warranty.
  16. Neither the Seller nor the Operator are liable for any incompatibility of the object of sale with the sale agreement if the User knew or should have known about such incompatibility by using reasonable judgement, or when defects occurred after the sale through no fault of the Seller. In particular, the Seller does not take liability under seller warranty for physical defects which occurred after the ownership of the item was transferred to the User.
  17. Complaints about the object of the sale agreement shall be submitted to the Seller via the contact form available on the Service's web page. The title of the message should include the word "COMPLAINT" and the ID number of the Auction or Buy It Now transaction.
  18. The Seller is required to respond to the claim within 14 days via the internal messaging system, accessible from the User Account, or via e-mail.
  19. If a warranty claim requires additional information, the Seller will request further information and the time mentioned in the preceding point is extended as appropriate.

§ 8 Complaints

  1. If any service or other actions of the Operator are inconsistent with those defined in these Terms and Conditions, the User has the right to make a complaint.
  2. The Operator shall make every effort to maintain the proper and uninterrupted operation of the Service.
  3. All information concerning technical breaks, errors and breakdowns and the consequences resulting from such for each User shall be published on the Main Page, and in the way detailed in § 5 points 14 and 16.
  4. The User's Account may be blocked in cases specified in theses Terms and Conditions for the time necessary to verify the User's actions in compliance with the Terms and Conditions, to prevent any possible damage to other Users, third parties and to the Operator and to apply sanctions described in these Terms and Conditions.
  5. A complaint can be submitted by e-mail to the Operator's address at [email protected]
  6. The Operator s required to respond to the claim within 14 days via the internal messaging system, accessible from the User Account, or via e-mail.
  7. If the complaint requires additional information, the Operator sends the complaint back to the Seller to provide such information, and the time mentioned in the point above is extended as appropriate.

§ 9 Confidentiality. Privacy policy. Use of the Service data

  1. The Operator collects and processes Users' personal information in accordance with the law, the provisions of these Terms and Conditions, as well as the Privacy and Cookies Policy, as necessary for the purposes of performance and settlement of services under the agreement.
  2. The Operator will not reveal any personal data of the User to a third party without the User's express consent subject to the exceptions in points 3 and 4 below.
  3. The Operator may reveal personal data of the User to entities authorized to receive such data on the basis of the mandatory provisions of law.
  4. The Operator will provide the Seller with the Users’ personal data in order to implement and perform the provisions of these Terms and Conditions.
  5. All Users have the right to access their personal information. In particular, they can demand that it be amended, corrected, or removed.
  6. The Operator reserves the right to retain the User's data until such time that any debt towards the Operator is paid by the User or until all circumstances connected with the violation of the Terms and Conditions are explained and the User’s liability established.
  7. The Operator declares that Cookies are saved in the User’s computer when the Service is used. Cookies will be saved with the User’s consent. If the User does not accept this process, the User must not use the Service.
  8. Cookies do not change any configurations on the User’s computer, other data terminal equipment or software installed in that equipment.
  9. The content of Cookies does not allow the identification of the User. With the help of Cookies the personal data is not stored. The identification is conducted impersonally and impartially which concerns only the data on how the Service is used.
  10. The Operator stores Cookies on the Users' computers to:
    1. 10.1. Maintain the User's connection (after logging-in);
    2. 10.2. Verify the User’s identity;
    3. 10.3. Adjust the Services to the needs of the Users better;
    4. 10.4. Save the User's individual set-up and preferences;
    5. 10.5. Verify the correctness of the Buy It Now and Auction processes.
  11. The Operator does not take liability for the contents of Cookies send by other websites to which the links are located at the Service Website.

§ 10 Termination of the Agreement

  1. Termination of the agreement
    1. 1.1. The Operator is entitled to terminate the agreement for important reasons at any time, or, without stating a reason, with 14 days notice. The User is entitled to terminate the agreement at any time;
    2. 1.2. The termination of the agreement by the Operator shall be executed by notifying the User via the internal messaging system. If the termination occurs without notice, for important reasons, the Account is immediately blocked, but the User may still send a complaint. If the agreement is terminated with notice, the Account is blocked and closed after the last day of notice;
    3. 1.3. A User can terminate the agreement by filling out an appropriate form available from the Service website and sending it to the Operator's e-mail address, thereby starting the Account closure process; by clicking the "Close account" button in the “MY INFORMATION” tab of “MY ACCOUNT” and following the instructions provided therein; or by following the Account removal procedure described in the Help or FAQ pages.
  2. After the User has completed the process in accordance with point 1, the Operator sends to the User's e-mail address a notification of the receipt of Account removal request, containing a link to a Username and password verification page. After the confirmation of this information the agreement is terminated effective immediately, except:
    1. 2.1. The User continues to participate in Auctions that began prior to the termination of the agreement, in accordance with the rules effective at the time those Auctions began;
    2. 2.2. The User retains access only to those functions of the Account that enable the conclusion of the agreements with the Seller entered as a result of Buy It Now purchases and winning of Auctions that ended prior to the termination of the agreement, or Auctions that were in progress at the time of closing the Account, as specified in point 2.1.
  3. Terminating the agreement does not relieve both parties from the settlement of mutual obligations.

§ 11 Final Provisions

  1. The Operator has the right to introduce changes into these Terms and Conditions at any time. Updates will be posted on the Home Page, and the Users have the right and obligation to read these updated Terms and Conditions before the first log in after the changes. First logging-in constitutes the acceptance of changes in the updated Terms and Conditions.
  2. All and any changes herein are implemented in the time specified by the Operator on the Home Page and the login page.
  3. At the time of the first sign-in within 7 days from being notified of the changes, the User may refuse to accept the revised Terms and Conditions. The refusal notice should be submitted via the contact form available on the Service's web page. This is equivalent to the termination of the agreement for the use of the Operator’s services.
  4. If the User wants to refuse to accept these Terms and Conditions as specified in point 3, has to refrain from participation in the Buy It Now or Auctions. Otherwise, the refusal to accept these Terms and Conditions becomes binding upon receipt by the Operator of the e-mail message with the refusal statement, subject to point 2.
  5. The matters not provided herein shall be governed by the provisions of the Cypriot Civil Code and other relevant provisions of current Cypriot law.
  6. Any disputes between the parties shall be settled by a competent Cypriot civilian court of law.
  7. In the case of any disputes or occurrence of the language variations between English and other languages, the English version shall prevail.

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Terms and Conditions (last revision: 2015-03-20 00:50:00)