Terms & Conditions
General Business Terms and Conditions for Using PriceBiters Services
The General Business Terms and Conditions (hereafter referred to as: "GTCs") of PriceBiters for the use of PriceBiters can be found in the following provisions. The user is obliged to gain an extensive overview of the functions and operation of the website.
Validity and Compliancy
PriceBiters is the provider of particular auctions with gaming elements found on this web site. The GTC’s serve to regulate the contractual and operational relationship between PriceBiters and the users. They apply to every user, whether they are natural persons or legal entities. The user declares his/her consent with these General Conditions by checking the “accept” box when establishing their user account.
PriceBiters reserves the right to change these GTCs, at any time and without stated reasons. These GTCs, are valid as of 01th May 2009.
Eligibility, Registration
Those eligible to participate are persons older than 18 years. Excluded are PriceBiters employees, their relatives and dependants. The contractual conclusion for the purchase of Credits or for wares within a checkout process occurs through a user offer and acceptance through PriceBiters. The user enters their offer by means of the online form through the click of the button “PAY NOW” (with PriceBiters Credits) or “CONFIRM ORDER” (with products). PriceBiters declares its acceptance in an e-mail communication to the user.
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). PriceBiters and users are obliged to keep passwords confidential. PriceBiters will not make passwords available to third parties. PriceBiters will neither request user passwords by e-mail nor by telephone.
The user 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 user is not responsible for the misuse of his/her user account or password, he/she shall not be liable for damages.
Users - Expulsion
Users may be excluded from the site at any time at the discretion of PriceBiters. Such an exclusion is imperative when a user has violated legal regulations, third-party rights or these GTCs; or in the case of a legitimate interest on the part of PriceBiters, particularly outstanding payments or other matters for the protection of other users.
Furthermore, PriceBiters is entitled to change (reduce or suspend) its services at any time and without prior notice.
Profanity
PriceBiters does not allow the use of profanity or patently vulgar language or images in the site. This includes the use of language that is racist, hateful, sexual or obscene in nature.
Violations of this policy may result in a range of actions, including:
Listing cancellation
Limits on account privileges
Account suspension
PriceBiters Credit Purchase, Credit Account
In order to use PriceBiters services, the user must purchase PriceBiters Credits. PriceBiters Credits are a fictitious currency used in paying for the services offered by PriceBiters. One PriceBiters Credit bought singly corresponds to the equivalent value of $ 0.80 (eighty U.S.cent). PriceBiters Credits may be purchased in packages of 10, 20 and 30 credits. The user must purchase a balance of PriceBiters Credits before taking advantage of PriceBiters services. Each user’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 PriceBiters online services at their equivalent value. User account balances are not transferable.
Payment can be made by any of the payment methods offered. Users do not have the right to the use of any other payment method. An invoice for PriceBiters Credits is due immediately. PriceBiters reserves the right to deny access to a user account until full payment of the invoice amount has been made.
Auction Procedure
Auctions are placed with a pre-determined start price. Each price is determined by users and remains hidden. Each user can view the actual purchase price at any time, thus reducing the price (each time it is disclosed) by $ 0.30 (thirty cent). The fee for the disclosure of the price is determined by the fee at the time of viewing: currently it amounts to one PriceBiters Credit. The fee is debited to the PriceBiters Credits account of the user at the time of the viewing of the actual price. The auction concludes upon the initiation of the purchase process by a user through the clicking of the “BUY NOW” button. The user who first activates the “BUY NOW” button is the winner. All previous PriceBiters Credits used to disclose and reduce the sale price are no longer valid. The purchase price for PriceBiters Credits used in revealing and reducing the sales price are not refunded. Additionally, the user declares that s/he has read and fully comprehended these regulations and is in agreement with them.
By winning, the user 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 user must complete the checkout process according to these GTCs. The entitlement can neither be transferred to third parties nor burden the rights of third parties.
If the winning requirements (the clicking of the “BUY NOW” button by a user) are not fulfilled, neither a user win nor an entitlement to a contractual agreement with a user is established. The item remains the property of PriceBiters. PriceBiters Credits used to disclose and reduce the sales price expire and are not refunded.
Purchase Completion
The sales contract is concluded within the context of the checkout process between the winning user and PriceBiters, In the auctions, purchase price is determined by the winning bid. The purchase price is determined by the price reached at the conclusion of the auction. 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 PriceBiters.
The user receives an invoice of the auction price together with shipping costs.
Cancelation Terms
According to the supplier terms and conditions
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 PriceBiters Credit will not be refunded.
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 PriceBiters Credits does not apply. PriceBiters not guarantees the continuous operation of the system. PriceBiters is not responsible for damage resulting from the use (or lack thereof) of PriceBiters services by users or third parties. Likewise, PriceBiters is not responsible for damage resulting from technical defects, which prevents users from placing bids or placing bids in a timely manner.
Legal Succession
PriceBiters is entitled to fully or partially transfer its rights and duties to a legal successor.
Liability Exclusion/Limitation
PriceBiters shall not assume any liability for actions of a user and the resulting claims from another user or third party, to the extent that the user is responsible for this. Legal claims that could arise against PriceBiters in this respect, are assumed by the responsible user. The accountable user shall also assume the costs of a legal defense 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 user is not responsible for damages that have arisen.
To the full extent permissible by applicable law, PriceBiters 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. PriceBiters disclaims all other warranties. PriceBiters will not be liable for any damages of any kind arising from the use of this site. Please note, that under several state laws you may have more extensive rights.
Interference in Data Processing Activities
Each user, 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 PriceBiters website. This is also applicable with regard to the website layout, and in particular, to PriceBiters shops. Users are not permitted to use bidding software; such use can result in expulsion.
Severability Clause
If a provision of these GTCs, should be invalid, the remaining provisions shall retain their validity.
