General Business Terms and Conditions for Using DUBLICOM Ltd. Online Services

The General Business Terms and Conditions (hereafter referred to as: "GTCs") of the DUBLICOM Ltd. (hereafter referred to as "DubLi") for the use of DubLi online services can be found in the following provisions. The user is obliged to gain an extensive overview of the functions and operation of the website. The DubLi 'Help' comments can be an aid in this purpose. The ‘Help’ comments contents are an accompaniment to the following GTCs and are acknowledged by the user through their utilization of DubLi online services.


§ 1 Validity and Compliancy

(1) The GTCs and guidelines of DubLi for the use of services offered on the DubLi website can be found in the following provisions. DubLi is the provider of auctions found on this web site. They serve to regulate the contractual and operational relationship between DubLi and the users (hereafter referred to as “participants”) of the auctions found on this website. They apply to every participant, whether they are natural persons or legal entities. The participant declares his/her consent with these General Conditions by checking the “I have read and accept the GTC” box when establishing their user account or through the utilization of DubLi's online services.

(2) DubLi reserves the right to change these GTCs at any time and without stated reasons. The participant will be notified of changes to the GTCs by e-mail. Modified GTCs are regarded as being accepted by the participant, if their validity is not contested within two weeks. These GTCs are valid as of 28th September 2009.


§ 2 Contract, Eligibility, Registration

(1) The contractual partner of the participant is DUBLICOM Ltd., 17 Gr. Xenopoulou Street, 3106 Limassol, Cyprus.

(2) Those eligible to participate are persons older than 18 years. Excluded are DubLi employees, their relatives and dependants. The contractual conclusion for the purchase of Credits (see par. 4 of these GTCs or for wares within a checkout process (see par. 7 of these GTCs) occurs through a participant offer and acceptance through DubLi. The participant enters their offer by means of the online form through the click of the button “PAY NOW” (with Credits) or “CONFIRM ORDER” (with products). DubLi declares its acceptance in an e-mail communication to the participant.

(3) In order to make use of the site, a user must complete the statements contained in the registration form. Please read the relevant data protection regulations. Each user is only permitted to register once under their postal address (residence). DubLi and participants are obliged to keep passwords confidential. DubLi will not make passwords available to third parties. DubLi will neither request participant passwords by e-mail nor by telephone.
The participant is responsible for the use of his/her user account and password, as long as there has not been a breach of due diligence. If the participant is not responsible for the misuse of his/her user account or password, he/she shall not be liable for damages.


§ 3 Participants – Expulsion

(1) Participants may be excluded from the site at any time at the discretion of DubLi. Such an exclusion is imperative when a participant has violated legal regulations, third-party rights or these GTCs; or in the case of a legitimate interest on the part of DubLi. or the portal operator, particularly outstanding payments or other matters for the protection of other participants.

(2) Furthermore, DubLi is entitled to change (in particular to reduce or suspend) its services at any time and without prior notice. This does not apply to ongoing auctions.


§ 4 Credit Purchase, Credit Account

(1) In order to participate in DubLi auctions, the participant must purchase so-called Credits. Credits are a fictitious currency used in paying for online services (for participating in auctions) offered by DubLi, but not to pay for auction items . One Credit bought singly corresponds to the equivalent value of € 0.50 (fifty euro cents). Credits may be purchased singly or in packages of between 10 and 500 credits. The participant must purchase a balance of Credits before taking advantage of DubLi services. Each participants’ current account balance will be displayed in their customer account area. Account balance statements are non-binding and do not in themselves justify entitlement to the use of DubLi online services at their equivalent value. Participant account balances are not transferable.

(2) Payment can be made by any of the payment methods offered (e.g. credit card , advance payment, call-to-pay, Paypal). Participants do not have the right to the use of any payment method. An invoice for Credits is due immediately. In the case of an effective payment withdrawal (cancellation), the booked amount is refunded promptly by the DubLi. Eventual fees incurred for returned direct debits are to be reimbursed by the participant when they are at fault. In the case of a return debit note, DubLi reserves the right to deny access to a user account until full payment of the invoice amount has been made.


§ 5 “Unique Bid” Auction Procedure

(1) Auctions in the category “Unique Bid” are posted for a pre-determined duration. A countdown which indicates the remaining auction period is displayed alongside each offer. A participant can place a bid of their choice for the duration of an offer. The fee to place a bid is determined by the price of a bid at the time of placement; currently, it amounts to one Credit. The fee is debited to the Credits account of the participant at the time of the bid placement. The auction concludes with the lapse of time. The lowest bid, which also comprises a singular amount, awards the auction.  All other bids lose their validity and expire. The purchase price for all Credits used in the placement of bids will not be re-imbursed. During the auction period, participants are informed online about the status of their bid and also receive notification by e-mail as soon as the status of their bid has changed. Additionally, the rules found under “How it works” also apply. The participant declares that s/he has read and fully comprehended these regulations and is in agreement with them.

(2) A bid submitted by a participant represents an offer to DubLi for the purchase of an entitlement  upon conclusion of a purchase contract in the amount of the bid and additional shipping fees. As aforementioned, the entitlement is established through the awarding of an item as soon as the auction is concluded. In order to purchase the auctioned item, the participant must complete the checkout process according to par. 7 of these GTCs. The entitlement can neither be transferred to third parties nor burden the rights of third parties.

(3) If the bidding requirements (sole lowest bid at a certain price) are not fulfilled, neither an awarding of the item nor an entitlement to a contractual agreement with a participant is established. The item remains the property of DubLi. The bids placed for the item expire and the Credits used in bidding for the item are not refunded.


§ 6 ”Xpress” Auction Procedure

(1) Auctions that run under the category “Xpress” are placed with a pre-determined start price. Each valid price is determined by participants and remains hidden. Each participant can view the actual purchase price at any time, thus reducing the price (each time it is disclosed) by € 0.20 (twenty euro cents). The fee for the disclosure of the price is determined by the fee at the time of viewing: currently it amounts to one Credit. The fee is debited to the Credits account of the participant at the time of the viewing of the actual price. The auction concludes upon the initiation of the purchase process by a participant through the clicking of the “BUY NOW” button. The participant who first activates the “BUY NOW” button is the awardee. All previous Credits used to disclose and reduce the sale price are no longer valid. The purchase price for all Credits used in revealing and reducing the sales price are not refunded. Additionally, the rules found under “How it works” also apply. The participant declares that s/he has read and fully comprehended these regulations and is in agreement with them.

(2) By awarding the auction, the participant acquires an entitlement to the completion of a sales contract for the price of the successful bid and additional shipping fees. In order to purchase the auctioned item, the participant must complete the checkout process according to par. 7 of these GTCs. The entitlement can neither be transferred to third parties nor burden the rights of third parties.

(3) If the requirements to complete the auction (the clicking of the “BUY NOW” button by a participant) are not fulfilled, neither an awarding of the item nor an entitlement to a contractual agreement with a participant is established. The item remains the property of DubLi. Credits used to disclose and reduce the sales price expire and are not refunded.


§ 7 Purchase Completion

(1) Auction items are to be paid using one of the displayed payment methods. They cannot be paid using Credits. The sales contract is concluded within the context of the checkout process between the awardee and DubLi in compliance with par. 2, sect. 2 of the GTCs. In the “Unique Bid” category auctions, the purchase price is determined by the successful bid. In “Xpress” category auctions, the purchase price is determined by the price reached at the conclusion of the auction. The purchase completion process is initiated by the awardee by clicking the “ORDER NOW” button. This button is located in the “Member menu” under the “Completed auctions” listing behind each auctioned item. In “Xpress” category auctions, the purchase process can also be initiated directly by clicking the “BUY NOW” button. Auction items must be ordered and paid within a time period of two weeks. This time limit commences with the conclusion of the auction. Once the time limit has expired, the right of entitlement is no longer valid. The item remains the property of DubLi.

(2) The participant is obligated to inform him/herself about the results of an auction. Participants in “Unique Bid” auctions are informed via email whether they were awarded the auction or not. After a successful order, the participant receives an invoice of the auction price together with shipping costs. Regardless of the invoice, the participant is required to pay the total amount within two weeks after the auction’s end (see par. 7 (1)). The total sum must be received in the appointed account within the time limit. Once the time limit has expired, the right of entitlement is no longer valid. The item remains the property of DubLi. Paid and expended Credits will not be refunded to participants in this case. Goods will first be shipped after the payment of the purchase price, including shipping costs. Beforehand, DubLi reserves the right to withhold performance. A further pre-requisite for delivery is that all Credits are paid for and that participants’ accounts are balanced. Initially, incoming payments will be calculated according to existing participant liabilities from the purchase of Credits.

§ 8 Cancellation Terms

(1) Right of Withdrawal

If you are a consumer, you can cancel your contract statement, without specific reasons, within two weeks in text form (e.g. letter, fax) or – if you have received goods before  the expiry date - through the return of goods. The time limit commences after receipt of notification in text form, but not before the receipt of goods by the recipient (in the case of a recurring delivery of similar goods, not before delivery of the first installment) and also not before the fulfillment of our duty to inform according to art. 4 of the 97/7/EG directive of the European Parliament and Council passed on May 20th 1997. To ensure the revocation period, a notice of cancellation, or the goods, must be sent in due time. Cancellations can be sent to:

DUBLICOM Ltd.
17 Gr. Xenopoulou Street
3106 Limassol
Cyprus

or by using our ticketing system under www.dubli.com.

(2) Cancellation – consequences

In case of an effective cancellation, services received by both parties are to be reimbursed, and where applicable, usages withdrawn (e.g. interest) will be released. If you cannot return services fully or partially, or only in a debased condition, you must pay the appropriate replacement value. You are responsible for return shipping costs.

(3) Special notice

Your right of withdrawal against the purchase of Credits is prematurely void once you have already expended them. Paid amounts for Credit packages will not be refunded, if one or more credits of the purchased package were used by the participant.


§ 9 System Failure

In case of a system failure, which cannot be excluded according to the current state of technology, active auctions will be halted, as far as the system allows it and that it is technically possible. After the removal of the error, the auction will be continued. If an auction is completed during a system failure or limited system availability, this shall not have any effect on the auction results. System and email notifications informing the participant about being awarded the auction are non-binding. In case two or more participants are notified of being awarded the auction, the participant who has received an email notifying him/her about being the awardee shall be given priority over the other participants in being eligible for purchasing the item. In case of multiple notifications, DubLi reserves the right to analyze the system’s timestamps and to determine the participant who is eligible for purchasing the item accordingly. In all cases of system failure, a claim to the re-imbursement of the purchase price of expended Credits does not apply. Neither DubLi nor the operator of this internet portal guarantees the continuous operation of the system. DubLi or the portal operator are not responsible for damage resulting from the use (or lack thereof) of DubLi services by users or third parties. Likewise, DubLi or the portal operator is not responsible for damage resulting from technical defects, which prevents users from placing bids or placing bids in a timely manner.


§ 10 Legal Succession

DubLi is entitled to fully or partially transfer its rights and duties resulting from contracts with participants to a legal successor.


§ 11 Liability Exclusion/Limitation

(1) DubLi shall not assume any liability for actions of a participant and the resulting claims from another participant or third party, to the extent that the participant is responsible for this. Legal material claims that could arise against DubLi in this respect, are assumed by the responsible participant. The accountable participant shall also assume the costs of a legal defence with regard to possible emerging solicitor, court, expert or other costs in connection with an extra-judicial or judicial legal dispute. This disclaimer does not apply when the participant is not responsible for damages that have arisen.

(2) DubLi is only liable for specific foreseeable and typical damage arising from a contractual conclusion. A liability for secondary damage, such as, for example, lost items, is excluded. This does not apply in case of intent or gross negligence on the part of legal representatives, management or vicarious agents of DubLi. This does not apply for liability for damage where life, the body, or health is affected. Likewise, this is not applicable in the case of fundamental breaches of contractual obligations, debt default or when DubLi is responsible for not fulfilling its provisional service agreements. Likewise, this does not apply in the case that DubLi has made explicit warranties or guarantees.


§ 12 Interference in Data Processing Activities

Each participant, either themselves, indirectly through third parties or with the assistance of programs is prohibited from interfering in, influencing, disrupting, copying without permission, disseminating or otherwise manipulating data processing activities underlying the DubLi website. This is also applicable with regard to the website layout. Participants are not permitted to use bidding software that has not been authorized by DubLi - such use can result in expulsion.


§ 13 Written Form, Applicable law and Legal Jurisdiction

Declarations undertaken in the contractual relationship with DubLi must be in written form and sent to the address indicated in the imprint or sent to us by e-mail. With contractual relationships with companies, the parties agree to the applicability of the law of the Republic of Cyprus, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. To the extent that merchants are involved in the contractual relationship with DubLi, the legal jurisdiction is agreed to be Limassol.


§14 Severability Clause

If a provision of these GTCs should be invalid, the remaining provisions shall retain their validity.