Important – Please review these terms and conditions (the: "T&C") with care before registration and opening an account with Bidderlo.com (the: "Website"). By accepting these terms and conditions you will hereby confirm and also acknowledge that you understand and agree with the T&C and understand its content. Furthermore, you hereby confirm your understanding that these T&C are a binding agreement between you (the "User", "You") and the Company and You understand that these T&C detailed below are those you agree to be bound by and which will solely control Your relationship with the Company.
If you do not agree with any of these T&C set out below and do not wish to be bound by them, do not access or in other ways use the Website. Any use of the Website shall constitute Your agreement that You have read the T&C and fully agree to comply by them.
- Introduction – about us
- Company’s Services
The Company provides an online platform which allows Users operating either as buyers ("Buyers") or sellers ("Sellers") and are considered either together or separately as Users of the Website, to connect among themselves, without any intervention of the Company. Company shall solely act as the provider of the technological platform (i.e. the "Website") Sellers shall be allowed to utilize the Website all in order to market and offer to Buyers the opportunity to purchase the products and/or goods offered by the Sellers through placing bids in order to participate in auctions based sale of products. By placing a bid you are offering to purchase the Product or make use of the Services offered on the Website subject to the following terms and conditions. All orders are subject to availability and confirmation of the purchase price. Buyers shall utilize the Website in order to purchase such products and/or goods sold of the Website by the Sellers. Please be informed that any use of the Website and any communication and/or mutual operations and/or connection to another User of the Website shall solely be made under your sole responsibility and Company shall not be liable towards You in any form for Your usage of the Website. Delivery schedules may vary from time to time due to reasons associated with Company's operations and/or the operations of third parties which are out of the Company's Control. This agreement concerns both the Company’s website providing real-time information regarding the prices of products offered on the Website; including software, electronic content, online placement of bids (hereafter referred to as the "Services") and any information or services that the Company may provide in the future. You may communicate with us in writing by email or other electronic means using the following email: firstname.lastname@example.org, or by telephone: +1 628 444 4969. The language of communication shall be English and you will receive documents and other information from us in English. However, where appropriate and for your convenience, we will endeavor to communicate with you in other languages. By accepting and agreeing to the Terms and Conditions of this Agreement, you accept the following terms and conditions. The Company is free to use any idea, concept, know-how or technique or information contained in your communications for any purpose including, but not limited to, developing and marketing products. The Company monitors your communications to evaluate the quality of service you receive, your compliance with this Agreement, the security of the Website, or for other reasons. You agree that such monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which the Company monitors your communications.
- Membership Eligibility
The Company’s Services can be used by those individuals and companies who are eligible to form legally binding contracts under the applicable laws of their country of residence. The Company’s service are not available to persons under the age of 18 or those of an age where they are considered minors and unable to enter into a legally binding contract. Minors are ineligible to use the Company’s services. As such, the company shall not be responsible for any unauthorized use of its services, including by minors or those considered ineligible in their country of residence. Furthermore, individuals may only use the Company’s services if they have the requisite knowledge not to rely on any information contained in this site and are fully authorized and approved to utilize any payment method which shall be used to purchase products and/or goods on the Website. The Company, however, is under no obligation to assess, verify or check that the Client has the requisite knowledge and understanding and shall not be liable for any losses and/or damages incurred by any User due to the usage of the Website. The Company also is not responsible for the accuracy of information published on the Website either by the Company or information provided by others, whether such are Users of the Website or not. Therefore, each published piece of information or presented products or goods should be treated as unchecked information, as inserted by the Sellers on the Website and with regards to its use in managing purchases of products and/or goods. Any information utilized by the User must be considered as independently checked by him and confirmed through independent information sources before engaging in any purchase of goods or products on the Website.
- Your Account on the Website
Following Your registration on the Website and following the provision of the required information requested on the Website, the Company shall create an account based on the information that you provided. The account will be created in your name and/or the entity which details you have entered, provided that you hold the necessary authorization and power, all in accordance with these T&C and ownership in the system. All information provided must be complete, true and accurate. In the case of providing misleading information it may be regarded as an offence and will result in the immediate cessation of activities in your account and immediate account closure. By accepting all of the terms and conditions of this Agreement, you hereby authorize and empower the Company, until written notice contrary to the effect shall be received from you by the Company to conduct activities and orders in agreement with your directions or according to directions delivered by your duly approved agent(s) in writing and/or verbally, in accordance with privileges granted to the Company according to this Agreement and/or for the provision of Services... Funds processed through the payment methods listed on the Company's Website can be deposited by the Company to any financial institution and may make up collateral for the balance held in your account. The company may occasionally, at its sole discretion, amend the terms governing the use of the System including the scope of its services and the requisite level of collateral demanded for transactions to be undertaken. These changes may occur without prior notice but will only affect transactions executed in the future and therefore cannot be applied retrospectively to prior transactions. Every client will be provided a unique and confidential identification code (hereafter the ‘Access Code’) to be used by the client to access and operate the account via the internet. It is the personal responsibility of the client to ensure that this Access Code (the "Password") is safeguarded and under these terms and conditions you hereby agree that you will not hold the Company liable for any unauthorized use of the account. All activities made on the Company’s Website through the system must be in accordance with the latest version of terms and conditions available on the Website. The Company reserves the right to change, cancel or amend any part of the terms and conditions and these will come into effect from the date of the amendment and the time that they have been inserted into the Website. Any listing and/or sale of products and/or goods on the Website shall be made by Sellers listed with the Website. Please note that any usage of the Website and any purchase of products and/or goods shall be done so using Your sole responsibility. The Company does hereby encourage you to fully review any information listed with regards to the Website, especially associated with the attributes and/or pricing of any such product and/or goods.
5. Purchase Procedure
Following the acceptance of the bid placed by the User for the purchase of the product, the User shall have a time period of 24 hours to complete the purchase of such product by depositing the minimum amount equal to the amount placed in the bid. Completion time of the product could be extended in accordance with the product's Seller sole discretion. Seller shall have sole discretion to accept or deny the request of the Buyer. In any case, any purchase which has not been completed and paid for within a time period of 7 days shall be automatically cancelled by the Company. In any case in which Buyer would like to proceed with the payment of the bid placed, the Buyer may be requested to insert personal and payment details, all in accordance with the Company's and/or payment processors requirements. You hereby authorize that any such details which shall be inserted on the Website will be provided by Yourself and that You hold the necessary power to insert such information. Furthermore by placing such details and payment information, you hereby confirm, agree and authorize the Company, to charge your account, in accordance with the payment method used, in the amount of the bid which was placed for the purchase of the product. Furthermore, depending on the payment method which You will use for the completion of the purchase on the Website, you may be charged with additional banking, processing and handling fees, all in accordance with each payment provider's fees. Once payment has been processed, you will receive an email confirming Your purchase. In any case in which you have any concerns and/or claims with respect to the purchased product, you hereby confirm that you will communicate the matter to the Company, prior to cancelling your order and/or communicating the matter to third parties, including banks and payment providers.
- Company’s Undertakings
The Company undertakes and warrants that it: Has the required skills and knowledge to provide the service. Company may apply a minimum selling price which has been set by the Seller (the: "Reserved Price") for some and/or all products displayed on the Website. Except in applicable jurisdictions where the matter is legally prohibited, Company shall reserve the right to indicate a starting bidding price which is similar and or different to the Reserved Price of the product sold on the Website, and Company shall be permitted to bid on behalf of the Seller, up to the amount of the Reserved Price in any case in which it is required to do so and in accordance with its sole discretion. Any newsletter or communications received from the Company relating to its services and/or regarding products and/or goods listed on the Website is not intended, and should not be considered to endorse any User of the Website. The Company cannot accept any responsibility for the accuracy of this information or the comprehensiveness of this. It is the sole responsibility of the client to establish the accuracy of any information provided by the Company, through independent research prior to making any purchases on the Website. The Company shall not be held responsible or liable in any way for any claims, suits, losses, expenses, and damages etc., which have been incurred due to a reliance on any information provided by the Company nor due to any usage or communication provided.
You hereby warrant and undertake that: All personal information provided to the company at the time of registration and beyond this are truthful and accurate, including that you are over the age of 18 and of an age deemed legal under the laws of your country of residence in using the services provided on the Website. You agree to be legally bound by the terms and conditions herein. You agree to receive emails, promotions and newsletters to the email address which you provided the Company with. You understand and accept that the Company is bound and operates under the laws of The Republic of Cyprus, and as such the Company cannot be held responsible for your actions and activities which are your own responsibility. The applications of local laws in force in your place of residence are your sole responsibility to be adhered to and the Company cannot be liable for any activities contravening these. To clarify, the use of the company’s website or System in your place of residence should not be assumed to represent the legality of the activities or the concurrence with any laws, regulations or directives in your country of residence. The Company reserves the exclusive right to cancel or suspend its services to you if, in its opinion and in certain events, it believe that you may be performing activities which are not in accordance with the Company's internal policies and/or which are not with the Company’s interests. You have sole liability for the activity of your account and any purchases made on the Website. You agree that the company has no liability in relation to any bids submitted or any products and/or goods purchased through the Website. You also have the explicit responsibility of making sure that your account is used responsibly and that no juveniles are allowed access to the Website. You agree and understand that the company does not directly sell any products and/or goods and it is simply a provider of a technological Website in which the Company’s services are provided. It therefore cannot be held liable for any failure or breakdown in communications due to technical failure of equipment or services not provided by the company nor could it be held responsible with regards to the purchase of any product and/or good as the matter may be. This applies to all internet, software or physical equipment malfunction which may result in a communication failure which may include, but is not limited exclusively to, the delay in processing bids as a result of technical problems associated and/or not associated with the Company’s software or technical provision of services. You also agree that the Company shall not be liable in any way to you in the event of damage, failure, or destruction of your computer system, records, data or any portion thereof, or for postponements, losses, mistakes or omissions that result from the failure or mishandling of any communications or computer apparatus or software and/or any usage and/or misusage of the Website. Furthermore, you must not expose or transmit potentially harmful or inappropriate material to the Company, whether directly or indirectly, which may include viruses as a result of not maintaining satisfactory levels of protection on your own computer system. You agree that the company does not guarantee, offer or warrant access to the Company’s website at times or locations of your choosing. The Company cannot guarantee access to its website in all geographic locations nor does it guarantee a fully operational and uninterrupted service in relation to the internet connection. You hereby further recognize and confirm that the Company will not be held responsible for any impossibility to implement orders and requirements due to failure in the process of information systems caused by errors, of any kind whatsoever. All pertinent taxes, governmental fees, levies and charges related to the activities of your account shall be declared by you to the appropriate authorities in your country of residence. You shall forego any claims against the Company in this respect. The Company reserves the right to refuse or suspend your account if it considers that your activities contravene money-laundering regulations. The Company employs best-practice procedures to prevent money laundering, which can affect you and operate as a central part of your agreement to these terms and conditions and in the registration process. Processes related to anti-money laundering safeguards may effect customers in the following ways: (1) You must provide all requested details that establish you identity when filling in the form to open an account, refunds may only be paid to the person who initiated the account and to an account that is in his name, meaning not to an account owned by a third party. (2) When an account is maintained by means of deposits made by telegraph, winnings are only paid to the person who holds the original bank account and ensuring that the account number and name are included with all transfers is your responsibility. (3) When an account is maintained by credit or debit card deposits, refunds or withdrawal of available balances deposited to the Website shall be sent to the exact same card up to the value of the balance that had been deposited. You hereby confirm that you have read this entire Agreement including appendices, and have understood all content and all implications, including the possibility of loss of all your Collateral, before accepting its terms.
- Return Policy
The Product is made with high-end materials. However, if You are not happy with Your purchase, You are welcome to use the Company's 30-day Money-Back Guarantee, by acting in accordance to the following:
- Please contact Company within 30 Days to obtain a Return Merchandise Authorization ("RMA").
- Company will not accept returns and no refund shall be paid without obtaining RMA in advance of actual return of Product.
- In order to prevent loss, theft and fraud, all returns may only be shipped via one of the following courier services with delivery confirmation: UPS, FedEx, DHL, TNT.
All returns must include a copy of the invoice. Shipping and handling fees are non-refundable and shall be deducted by the Company from Your initial purchase. All items are subject to a 10% restocking fee from the total Invoice issued by the Company for Your purchase.
- Power of Attorney
The Company may be informed by you of any persons that you would like to empower to act on your behalf in relation to communication and usage of the Website. These powers must be ascribed in writing as must the revocation of such powers. Signatures of the duly authorized persons must be physically received by the company in order for this expression to be confirmed.
Written or orally transmitted orders directed at the company to execute a transaction by any such authorized representative shall be binding between you and the Company.
- Risks and Liability
All purchases made on the Website shall be carried out at your own responsibility. Any loss or incurred by you are you own sole responsibility and the Company cannot be held liable for your use of the Company’s Website and/or with regards to any communication to any other User of the Website and/or with regards to the purchase of any products and/or goods. You both understand and accept that a fundamental pre-condition to these terms and conditions relates to the Company’s right to close at any time, without an advanced notice, any bid in any auction executed by you, in the event that you do not have the requisite funds in your account to act as collateral and/or in case such bid has been placed in conjunction with the Company's policies.
- Intellectual property
This Website belongs to the Company or a third party including our licensors. This information may include terms, names, and/or data that may or may not be marked with a symbol identifying it as a name, item or term for which copyright or a registered trademark exists. All trademarks and copyright symbols and data which is not explicitly stated as being the intellectual property of the Company should be considered as the intellectual property of the company. It should not be assumed that any third party information included in the website, content or information is in any way affiliated with the Company and should not be considered in any way as representing the views, opinions or interests of the Company. Furthermore, they should not be considered as making any representation regarding the advisability of any products mentioned on the Website. Aside from the necessary requirement to view the information on this Web site on your browser, or as permitted under the company’s jurisdiction legislation or these Terms and Conditions, no content on this Web site may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form without first receiving explicit written consent from the Company. If such a situation occurs, you shall be responsible and held in breach of this section to which you agree by accepting these terms and conditions. You agree to use information and/or content received from the Website and other content from the Company only for the sole purpose of purchasing goods in case you act as a Buyer or to list products and/or goods to be auctioned on the Company's Website in case you shall act as a Seller. It is forbidden to use any of the communication and mail facilities on the website for purposes that are unlawful, abusive, tortuous, and intrusive on someone’s privacy, harassing, defamatory, embarrassing, libelous, obscene, threatening or hateful.
- Closure of Your Account
Your use of the Company’s Website may be terminated if it is suspected that any information that you have previously provided can be considered as inaccurate and/or false. This also applies to the email address used to register your account. Termination may also occur if you fail to adhere to any of the agreements held within these terms and conditions or the rules and guidelines for each Service. Access to the services of the Company will be prevented in such an event. As such, you will agree herewith that the Company holds the right and sole discretion to terminate your account without prior notice and remove any information associated with your account and the Company.
As long as this agreement remains valid, and until it is updated or amended which may happen from time to time, it shall remain in force in regards to all the agreements held within. Sole ownership of all documentation, software and intellectual property will thus remain that
of the Company. It is therefore prohibited for any of this software to be used any person, business, corporation, government organization or any other entity and will be considered as a violation of this agreement.
- Proprietary Protection
All of the software, documentation and the Company website are protected by extensive Software and Documentation international copyright, trade secrets and trademark laws, and by applicable international treaty provisions. Rights not granted to the client are therefore expressly prevented by the Company or licensee. It is prohibited to remove any proprietary notice of the Company from any part of the Software or Documentation.
You may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Software or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Software, nor shall you attempt to create the source
code from the object code for the Website.
- Amendments to these Terms and Conditions
You recognize and agree that the Company may adjust or otherwise update, amend, or change the terms of this Agreement now and then according to the needs of its use and at its sole discretion, and yet such alterations will be accurate and in a current binding form that shall
be available and accessible on the Company’s site. The binding form of this Agreement shall be in accordance with the most current form in force at any pertinent time.
- Limited Warranty
YOU AGREE THT YOUR USE OF ANY OF THE COMPANY´S WEBSITE OR WEB SERVICES ARE ENTIRELY AT YOUR OWN RISK. THEREFORE, THE
PROVISION OF ALL SERVICES AND THE WEBSITE ARE OFFERED TO YOU ON AN “AS IS” BASIS, WITHOUT WARRANTY, LIABILITY OR REPRESENTATION OF ANY KIND WHATSOEVER BY THE COMPANY. THIS INCLUDES IN THE FITNESS FOR PURPOSE AND THE MERCHANTABILITY OF THE COMPANY. TO THE HIGHEST LEGAL STANDARD, THE COMPANY DOES NOT CLAIM LIABILITY OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WHICH INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT CLAIM THAT ITS SOFTWARE OR SERVICES WILL MEET THE STANDARD FOR THE TASKS AND NEEDS THAT YOU HAVE, NOR THAT IT
- Limitation of Liability and Indemnification
- THE COMPANY, ITS DIRECTORS, EMPLOYEES AND ASSOCIATES CAN IN NO WAY BE HELD LIABLE FOR ANY DAMAGES INCURRED BY YOU (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) RESULTING FROM THE USE, OR INABILITY TO USE THE COMPANY´S SOFTWARE, THIS INCLUDES CLAIMS BY THIRD PARTIES IN CONNECTION WITH THESE DAMAGES. THE TOTAL POSSIBLE LIABILITY OF THE COMPANY CANNOT EXCEED THE VALUE OF THE COST INCURRED BY THE CLIENT IN THE USE OF THE SOFTWARE AND DOCUMENTATION.
You shall indemnify the Company and hold harmless the Company and any parent, subsidiary, affiliate or suppliers of Company and any director, officer, employee, stockholder, agent or attorney of Company and any third parties associated with the Company and/or affiliates from and against all Loss (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses suffered or incurred by the Company arising out of or in connection with:
- Your use of and access to the Website and Services
- The enforcement of this T&C on You
- any claim made against Company by a third party for any reason and/or damage arising out of or in connection with the acts or omissions of You and/or any third party acting on behalf of You with the Website and/or Services.
- This defense and indemnification obligation will survive these T&C and Your use of the Website and Services.
- Personal Data
- Personally Identifiable Information
- While you are using the Site, you may be asked to provide us with certain personally identifiable information that can later be used to contact or identify you (Hereinafter: “Personal Information”). This Personal Information may include but is not limited to: your name, mailing address, email address, telephone number, and any other information that the Company may require in accordance with its Terms and Conditions. The Company may request further details according to its sole discretion. It is hereby mentioned that the Company may require different Personal Information and/or other required details and/or documentation from each client on a “case by case” basis.
Non Personally Identifiable Information
While accessing the Site, we gather the following information and details.
- Information that your internet browser sends every time you visit a website or online service (“Log Data”). Log Data may include, but is not limited to, your computer’s Internet Protocol (IP) address, type of browser, the web page you were on before you arrived at the Site and information you search for on the Site and Service.
- Information received from the implementation of Company's proprietary and/or third parties' tracking technologies, which are either associated and/or not associated to the Company. The collection of such information may be done so that the Company will be able to monitor your use of the Site, clicks made within it, identify trends and interests of users on the Site, and collect information that the Company may find relevant for its own needs and usages. The information received from the implementation of such tracking technologies may include but shall not be limited to the following: your computer’s Internet Protocol (IP) address, type of browser, browser version, location and time zone, prior keyword searches made, the web page you were on before you arrived at the Site and information you search for on the Site and Service.
- c) Our Site uses “cookies” to gather information. A cookie is a data file that we send to your computer’s hard disk for record-keeping purposes. We use “session ID cookies” to permit certain features of the Site, to better understand how you interact with the Site and to keep track of web traffic routing on the Site and its aggregate usage. You can order your browser, by changing its options, to stop accepting cookies or to remind you before accepting a cookie from the website you visit. In a situation where you do not accept cookies, however, you may not be able to use all features of the Site or all functionality of the Service, in case you will choose to change your browser settings and not accept cookies, you hereby understand and agree that you will not be able to use the full scope of Services offered by our Site.
- d) Our Site uses Google Analytics, which is a web analytics service provided by Google, Inc. (“Google”). We use Google Analytics to help us gather data regarding your use of the Site. The information created by the cookie about your visits of the Site (including your IP address) may be passed on to and stored by Google as it sees fit, we assume no responsibility for the information stored by Google and the use which will be made with it.
- e) We collect the abovementioned information to administer and operate the Site, prevent fraud, defend our legal rights and for the purpose of compliance with regulations regarding the services we provide.
- How We Use Information
- a) Aggregate Information and Non-Identifying Information. We may share collected information, including questions and offers created as a result of your use of the Service, that includes non-identifying information and Log Data, with third parties for industry analysis, demographic profiling, other commercial purposes which we see fit and to provide advertising about other products and services.
- c) Service Providers. We have the right to hire third party companies and individuals to facilitate the use of the Site, to provide additional services on our behalf and to perform services related to administration of the Site (including, without limitation, maintenance, hosting and database management services, web analytics and administration).
- e) Business Transfer. We have the right to sell, transfer or otherwise share some and/or all of our assets, including among others your Personal Information and Log Data, in any situation of a merger, acquisition, reorganization or sale of all or substantially all of our shares or assets, or if by any reason we happen to file for bankruptcy. Furthermore, we have the right to post extra supporting privacy notices with respect to specific services.
- Changing or Deleting Your Personal Information
Our users have the right to update, correct, review or delete their Personal Information, if not required to be kept by law or for legitimate business reasons. If you delete and/or omit such information, your account may be deactivated. Furthermore, we have the right to delete any information provided by you or related to you, in accordance with our policies in effect at any time.
- International Processing or Transfer of Information
Your information may be processed, handled or moved outside of your country, state, county or other area where the privacy laws may not be as protective as those in your jurisdiction.
- Affiliates and Partners
The Company may share information with partners, affiliates and associates in order to offer additional similar products and services that meet clients’ needs and which are delivered in a manner that is useful and relevant only where clients have authorized the Company to do so.
- Non-Affiliated Third Parties
The Company reserves the right to disclose personal information to third parties where required by Law, regulatory and other government authority. The Company may also disclose information as necessary to credit reporting or collection agencies as reasonably required in order to provide the services to Company and/or its clients. In addition, the Company may engage third parties to help carry out certain internal functions such as account processing, fulfillment, client service, client satisfaction surveys or other data collection activities relevant to its business. Use of the shared information is strictly limited to the performance of the above and is not permitted for any other purpose. All third parties with which the Company shares personal information are required to protect such personal information in accordance with all relevant legislation and in a manner similar to the way the Company protects the same. The Company will not share personal information with third parties which it considers will not provide its clients the required level of protection. In cases where clients have been introduced by a Business Introducer, such Business Introducer may have access to clients’ information. Hence, clients hereby consent to the sharing of information with such Business Introducer.
All sections of these T&C between parties in regards to the subject matter will supersede and replace any previous agreements held between the parties. You agree that the Company may contact you by any means that it may deem suitable. Official notices sent by the Company will be delivered to you by certified mail or by courier. The effect of such a notice will become active on receipt by you. These Terms and Conditions are constructed and enforced in accordance with the laws and regulations of The Republic of Cyprus and shall be solely governed by the Cypriot legislation, notwithstanding any conflicts of laws principles. Therefore the parties to the agreement (i) consents to any suit, legal action or proceeding in relation to this agreement being brought before the courts of Limassol, Cyprus exclusively (the “Courts”) as such, this agreement of action in such situations waivers any objections to the use of the Republic of Cyprus legal system in resolving such issues or complaints that the proceeding has been brought in an inconvenient forum, (ii)The competence of the Republic of Cyprus courts is therefore agreed herein to hear such action (iii) The courts of Republic of Cyprus were agreed to have exclusive jurisdiction over such actions (iv) The final judgments of such courts will have binding power over all parties.