General Business Terms and Conditions for Using DUBLICOM LIMITED Online Services
The General Business Terms and Conditions (hereafter referred to as: "GTCs") of the DUBLICOM LIMITED (hereafter referred to as "DubLi") for the use of DubLi online services of http://au.dubli.com/ 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, including but not limited to change the terms of the auctions, Credit values and bid increments. 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 1st of November 2010.
§ 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. You may participate within the scope of customary consumer use only. Any commercial use is strictly prohibited. The contractual conclusion for the purchase of Credits and other services occurs through a participant offer and acceptance through DubLi. The participant enters their offer by means of the online form by completing the order process. DubLi declares its acceptance in an e-mail communication to the participant, at the latest when delivering the service or product.
(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.
§ 4 Credit Purchase, Credit Account, Expiration of Credits
(1) In order to participate in DubLi auctions and use other services, the participant must purchase so-called Credits. Credits are the way to pay for online services (auctions) offered by DubLi, but not to pay for auction items. One Credit bought singly corresponds to the equivalent value of AU$ 0.90 (ninety 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 participant's 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 nor transferable nor refundable.
(2) Payment can be made by any of the payment methods offered (e.g. credit card, advance payment, 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.
(3) Credits expire 12 months from the date of purchase. Credit balances that are not used within the said 12 months period will be lost.
§ 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 AU$ 0.20 (twenty 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. Participants do not have the right to the use of any payment method. 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) If you are a consumer, you can cancel your contract statement, without specific reasons, within two weeks after receiving items or purchasing Credits. 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 must be submitted through our contact form at www.dubli.com.
(2) In case of an effective cancellation, we refund you the paid amount. Shipping costs will only be refunded, if the return is a result of our error. Paid amounts for Credit packages will not be refunded, if one or more credits of the purchased package were used by the participant.
§ 9 "Shopping" Services
(1) DubLi provides, in certain territories, a charge-free portal designated "Shopping", that allows customers, as prospective buyers, to search for various suppliers' products and compare prizes. 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 as well as their terms and conditions can be found in the "about us"/ legal information section of the selected shop. In certain countries, the "Shopping" services are provided in co-operation with third party service providers, whose contact details you will find in the footer of the Shopping Mall subpage. Particular Terms of use for shopping services apply which you will find in the footer section of the Shopping Mall subpage as well. Terms of the chosen third party service providers additionally apply.
(2) 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.
§ 10 Optional Packages
DubLi offers three optional service packages that can be purchased individually or in combination. The packages cannot be paid using Credits. DubLi has the right to cancel existing package or withhold future participation in any of its packages for violation of any of these terms and conditions. For additional details please see the Terms of use for the DubLi Shopping Mall.
(1) The Music Search & Play package is offered by a contractual partner of DubLi, AGANNI Music, LLC, who charges a monthly user fee of € 7,95/US$ 9.95/ AUD 9.95 depending on location of participant and portal.
(2) The VIP package is available to consumers at a monthly fee of € 19,95/ US$28.95/ AUD 29.95 depending on location of participant and portal. This package offers Participants the full range of DubLi online services including including 25 Credits per month, access to the V.I.P only gift card auctions, access to the complete Entertainment Package, 7% additional cash back on all purchases through the DubLi Shopping Mall, free shipping on all awarded auction products, access to special V.I.P customer referral program, access to DubLi e-wallet, free DubLi MasterCard, branded Debit Card. Subscribers to the VIP package are eligible to participate in DubLi's monthly sweepstakes towards a grand prize.
(3) The Smart Shopper package is offered for a monthly fee of € 4,95/ US$ 4.95/ AUD 4.95 depending on location of participant. For further details please see particular Terms of use in the footer section of the Shopping Mall sub-page.
§ 11 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.
§ 12 Legal Succession
DubLi is entitled to fully or partially transfer its rights and duties resulting from contracts with participants to a legal successor.
§ 13 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. Liability for secondary damage, for example, loss of profit or other consequential losses, 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.
§ 14 Interference in Data Processing Activities
(1) 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 or automated generation of user accounts, that has not been authorized by DubLi - such use can result in expulsion.
(2) The user is continulously prohibited from using DubLi services by violating intellectual property (i.e. brands, patents, trademark rights) of a third party by sending out unsolicited communication (SPAM), developing and distributing computer viruses, violating third party privacy or conducting and promoting other criminal and illegal activity.
§ 15 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.
§ 16 Severability Clause
If a provision of these GTCs should be invalid, the remaining provisions shall retain their validity.
