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. Part A) of these GTCs serves to regulate those applications designated as "Auctions" services, and part B) regulates those applications designated as "Shopping" services. Please note: On several websites DubLi provides the service ‘Auctions’ only. For this websites GTCs part A is valid exclusive. 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.
A) General Business Terms and Conditions for Using Online “Auction” Services
§ 1 Validity and Compliancy
(1) The General Business Terms and Conditions (hereafter referred to as: "GTC", part A or “GTCs, part A”) and guidelines of DUBLICOM Ltd. (hereafter referred to as: “DubLi”) for the use of services offered on the DubLi website can be found in the following provisions. DubLi is the provider of particular auctions with gaming elements found on this web site. They serve to regulate the contractual and operational relationship between DubLi and the users of the gaming auctions found on this website (hereafter referred to as “participants”). 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.
(2) DubLi reserves the right to change these GTCs, part A at any time and without stated reasons. The participant will be notified of changes to the GTCs, part A by e-mail. Modified GTCs, part A are regarded as being accepted by the participant, if their validity is not contested within two weeks. These GTCs, part A are valid as of 01st April 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, part A) or for wares within a checkout process (see par. 8 of these GTCs, part A) 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, part A; 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 5,000 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, is the winner. All other bids lose their validity and expire. The purchase price for Credits used in the placement of other 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 does it work?” 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 a win as soon as the auction is concluded. In order to purchase the auctioned item, the participant must complete the checkout process according to par. 8 of these GTCs, part A. 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 a participant win 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 winner. All previous Credits used to disclose and reduce the sale price are no longer valid. The purchase price for Credits used in revealing and reducing the sales price are not refunded. Additionally, the rules found under “How does it work?” also apply. The participant declares that s/he has read and fully comprehended these regulations and is in agreement with them.
(2) By winning, the participant acquires an entitlement to the completion of a sales contract for the price of the winning amount and additional shipping fees. In order to purchase the auctioned item, the participant must complete the checkout process according to par. 8 of these GTCs, part A. The entitlement can neither be transferred to third parties nor burden the rights of third parties.
(3) If the winning requirements (the clicking of the “BUY NOW” button by a participant) are not fulfilled, neither a participant win 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 “ZerO,-” Auction Procedure
(1) Category “ZerO,-” auctions begin with a pre-determined start price. Each valid purchase price is determined by the participants and remains hidden. Each participant can disclose and view the actual purchase price at any time, thus lowering the price each time by € 0.20 (twenty euro cents). The fee for the disclosure of the purchase price is determined by the price of 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 once the sales price of € 0.00 (null euro) is reached. The participant who, by clicking the “Show price” button, lowers the purchase price to null euros, is the auction winner. All other Credits employed in the disclosure and reduction of the purchase price expire. The price of all Credits used to disclose and reduce the purchase price are not refunded. Additionally, the rules found under “How does it work?” also apply. The participant declares that s/he has read and fully comprehended these regulations and is in agreement with them.
(2) By winning, the participant acquires an entitlement to the completion of a sales contract for the price in the amount of null euros plus shipping charges. In order to purchase the auctioned item, the participant must complete the checkout process according to par. 8 of these GTCs, part A. The entitlement can neither be transferred to third parties nor burden the rights of third parties.
§ 8 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 winning participant and DubLi in compliance with par. 2, sect. 2 of the GTCs, part A. In the “Unique Bid” category auctions, the purchase price is determined by the winning bid. In “Xpress” category auctions, the purchase price is determined by the price reached at the conclusion of the auction. In “ZerO-,” auctions, the purchase price always amounts to null Euros. The purchase completion process is initiated by the winning participant 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. The order process must be completed 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” and “ZerO,-” auctions are notified of auction results by e-mail. 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 sum within twenty-one days of the successful order. The total sum must be received in the appointed account within twenty-one days to comply with the time limit. After expiration of the time limit, DubLi can declare the contract void so that the participant is no longer entitled to the delivery of goods. Paid and expended bid rights 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. The accounting rule (par. 366) of the German Civil Code also applies.
§ 9 Cancellation Terms
(1) Right of Withdrawal
If you are the 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.
§ 10 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 is able to recognize this beforehand and that it is technically possible. After the removal of the error, the auction will be continued. In this case, 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.
§ 11 Legal Succession
DubLi is entitled to fully or partially transfer its rights and duties resulting from contracts with participants to a legal successor.
§ 12 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 winnings, 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.
§ 13 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, and in particular, to DubLi shops. Participants are not permitted to use bidding software that has not been authorized by DubLi - such use can result in expulsion.
§ 14 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.
§15 Severability Clause
If a provision of these GTCs, part A should be invalid, the remaining provisions shall retain their validity.
B) General Terms and Conditions for the Use of "Shopping" Online Services
§ 1 Validity and Consent
(1) These general terms and conditions (hereafter referred to as: "GTCs, part B") serve to regulate the contractual and operational relationship between the DUBLICOM Ltd. (hereafter: "DubLi") and the users (hereafter: "customers") of the online services of this website collectively designated "Shopping". They apply to every customer, actual or legal entity. In checking the box marked "I have read and accepted GTC" during the registration process, or - by the utilization of charge-free services without creating a customer account - through the use of services, the customer acknowledges and accepts these GTCs, part B.
(2) DubLi reserves the right to alter these GTCs, at any time, without prior explanation. Modifications to the GTCs, will be communicated to customers promptly by e-mail. These modified GTCs will be considered as accepted by the customer if their validity is not challenged by the customer within two weeks of their publication. These GTCs apply from 01st April 2009.
§ 2 Services Provided
(1) DubLi provides a charge-free portal designated "Shopping", that allows customers, as prospective buyers, to search for various suppliers' products. DubLi itself is not the supplier of these products. It is simply the provider of links to online shops searched for by the customer. A contract for the purchase of an item or use of a service will only be concluded with a third party supplier. The identity of the supplier can be found in the imprint section of the selected shop.
(2) In addition, DubLi provides traders, in the sense of the civil definition of the country of residence of the customer, with an online software application (hereafter: "DubLi Shop") for commercial use that allows customers to offer and manage (in part automatically) products and services online. For the use of DubLi Shops in particular, the regulations dealt with in paragraphs 4 to 9 of these GTCs, part B, apply.
§ 3 Extrinsic Offers - Disclaimer
DubLi does not assume any guarantee for details in online shops listed in the portal, in particular for product descriptions, availability and prices, as it provides only the links to each shop trader. DubLi obligates its sellers to include complete, factual and relevant information that does not violate existing laws or the DubLi guidelines. Should a customer identify a violation, s/he can notify DubLi support by using the online contact form. After examining the infringement, DubLi will endeavor to implement its removal and if necessary, permanently exclude the respective seller from further trading on the DubLi platform.
§ 4 DubLi Shops - Range of Services
(1) When concluding a license agreement for the use of DubLi Shops, the contractual partner of the customer is DUBLICOM Ltd., Valley Farm Cottage, Parkside Road, Adel, Leeds, LS16 8EZ, United Kingdom. The customer declares that they are a trader and that they are concluding the license agreement in the context of their business activities. The contract is achieved through an offer of the user and acceptance on the part of DubLi. The user submits their offer using the online form by clicking the "PAY NOW" button. DubLi asserts its acceptance in the form of an e-mail confirmation sent to the customer.
(2) The exact range of services is determined by the valid description of services effective at the time of conclusion of the license agreement. This can be found under Shop System link. In the case of term contracts, DubLi is not obligated to sustain the range of services. If the range of services is reduced, however, the customer is entitled to an extraordinary right of withdrawal.
(3) DubLi Shop user fees are determined by the valid price list effective at the time of the conclusion of the license agreement. The fees can be found under Shop System link as well.
(4) DubLi is authorized and obligated to publish the contents of each DubLi Shop on the internet page www.dubli.com in the area "Shopping", sub-category "Shops", as far as it has been approved by a quality and security check conducted by DubLi. A liability for the accuracy and completeness of content does not result thereby. The customer is completely and comprehensively responsible for the contents of their shop content.
§ 5 Contract Duration
The minimum duration of a contract for the use of a DubLi Shop amounts to 12 months and begins automatically at the end of a 14-day test phase, inasmuch as the shop has not been cancelled within this time period. The 14-day test phase begins with the receipt of your shop log-in data. The contract duration is automatically extended by one year, inasmuch as the shop has not been cancelled 3 months before the expiration of the rental period.
§ 6 Shop Operator Responsibilities
(1) Each shop operator is obliged to structure their shop contents according to the applicable legal regulations. In particular, information included in product and service descriptions must be complete, relevant and correct. Any deception of prospective customers is not permitted. Offers may not violate the rights of third parties.
(2) The price of the respective offers is to be stated as an end-price. Possibly applicable VAT/sales tax and delivery costs are to be shown separately. Furthermore, the legal requirements for the regulation of pricing of goods and services in the country of residence of the trader shall apply to traders.
(3) It is not permitted to place links, or to refer in other ways to external websites and information sources, regardless if they are inactive or only pertain to other sites, on the web pages of DubLi Shops.
§ 7 Cancellation of the License Agreement, Product Deletion
(1) DubLi can terminate the license agreement at any time within fourteen days of the end of the current month. The right of extraordinary withdrawal is not affected.
(2) If there is probable cause that membership regulations, individual or rights or industrial property rights of third parties, these GTCs or other higher ranking rights have been infringed, DubLi reserves the right, under consideration of the infringement with the possible counter-rights of the infringing party, to apply the following sanctions:
a) to partially or completely delete single items in customer shops
b) to temporarily suspend the operation of the DubLi Shop of a customer
c) to cancel the license agreement and to delete a customer DubLi shop permanently
§ 8 Forbidden Products
The offer of goods or services which infringe statutory provisions or morality is prohibited. These include:
a) offers whose sale, marketing or other placing on the market violate copyrights or ancillary copyrights, industrial property rights (e.g. trademarks, patents, design patents and utility patents), as well as other rights of third parties, particularly life, limb, health and property.
b) offers that infringe the constitution or fundamental free democratic order.
c) offers containing content that is pornographic or hazardous to young people,
d) weapons and ammunition within the meaning of the Weapons Act, particularly shooting, cut and thrust weapons,
e) tobacco or other taxed goods, to the extent that a law or control character requires sale at a specific price or forbids selling below a specific price, if the price is set below, or deviates from, these provisions,
f) radioactive or biological toxins, explosive and other chemicals that are harmful to health,
g) offers involving living animals, products and compounds from protected animal species, protected plants and their compounds,
h) services involving human organs,
i) to the extent that they are not offered by financial institutions with a domestic head office or branch office, the sale of shares or other securities, money market or financial instruments, credit lines, loans and financial assistance,
k) judicial or extra-judicial titles, claims, entitlements,
l) vouchers, samples or similar, which were received free of charge,
m) offers associated with the Narcotics Law,
n) offers of a medical nature, unless express consent has been granted by DubLi,
o) property rights and quasi-property rights
§ 9 Maintenance
If the use of DubLi Shops is temporarily curtailed due to previously announced maintenance work on hardware and software provided by DubLi, there is no right to claims for reimbursement on the part of customers, as far as these use restrictions are kept to a customary and reasonable duration.
§ 10 Legal Succession
DubLi is entitled, at any time, to transfer its rights and responsibilities included within its contracts with customers, to a legal successor.
§ 11 Liability Exclusion / Limitation
(1) DubLi shall not assume any liability for actions of a member and the claims arising there from for another member or third party, to the extent that the member is responsible for this. Legal material claims that could arise against DubLi in this respect, shall be assumed by the responsible customer. Furthermore, the customer shall also assume the costs of legal defense regarding possibly arising solicitor, court, expert or other costs in connection with an extra-judicial or judicial legal dispute. This disclaimer does not apply when the customer is not responsible for the damages.
(2) DubLi shall only assume liability for specific foreseeable and typical damages arising from a contractual agreement. Secondary liability, e.g. for absent winnings, is excluded.
Outside of infringing material contractual obligations and outside of warranties and in the cases where body, life or health is not affected, DubLi is only liable for deliberate and gross negligence, also with actions by vicarious agents and legal assistants. With actions by vicarious agents and legal assistants vis-à-vis consumers, DubLi is liable for any default. Liability for collateral losses and lost profit 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 customer, 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, and in particular, to DubLi shops. Participants are not permitted to use bidding software.
§ 13 Written Form, Applicable Law and Legal Jurisdiction
