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In these Terms and Conditions unless inconsistent with the context or otherwise specified the following definitions will apply to words and expressions:
"Services" means the online auction together with the content, features and functionality provided by this Website to facilitate the online auction;
"Terms and Conditions" means these terms and conditions as may be varied or amended from time to time and any additional terms and conditions or disclaimers with reference to or displayed on the Website;
"Transaction" means any transaction effected through the Services;
"We/Us/Our" means dealingers.com/ Padeca Trading Limited, whose registered office is at 14/19 Vincenti Buildings, Suite 990, Strait Street, Valletta and with VAT number MT20507019.
“Website” means www.dealingers.com
"You/Buyer" means the person using the services provided by www.dealingers.com.
2.1 The Services are only available to individuals who are aged 18 years and over and can form legally binding contracts under the applicable law in their jurisdiction. Parents and guardians assume all liability and responsibility for the use of their accounts by other persons, including but not limited to use of their accounts by persons under eighteen (18) years of age.
2.2 The account of any user found to be under the age of eighteen (18), will be suspended or terminated with or without notice. Any money liabilityeft in the suspended account will be returned to the user after that the processing fees have been deducted. The bank account details will be provided by the user in order to be able to return the funds.
2.3 You may browse the Website at any time without registering. To use the Services, You are required to register as a member by completing the online "Registration Form" and submitting it by clicking on the "Register" button.
2.4 If you are registering on behalf of a business entity, you must have authority to bind the entity to these Terms and Conditions. We reserve the right to ask You for written authority from the business entity before registering any business entity.
2.5 You agree to ensure that your registration details are current, complete and accurate and you must update us with any changes. .
2.6 You agree to ensure that all the information provided on the Buyer Registration Form is true and accurate.
2.7 A username and password are required. Duplicate usernames are NOT allowed, and will be awarded on a first-come, first -serve basis. We reserve the right to refuse or cancel any username that is misleading, or otherwise inappropriate for any reason.
2.8 Upon registration, You agree to the disclosure of personal data in accordance and hereby grant Us consent to process the information in accordance with our Privacy Policy. The Terms and Conditions applicable at the start of a transaction will apply until that transaction is completed.
2.9 We reserve the right to refuse any application to register and access the Services and to temporarily or indefinitely suspend any registered members. Should a user be suspended indefinitely the money left in the user account will be returned, less the processing fees.
2.10 You are responsible for, and agree not disclose to others, any information which permits access into your Buyer account. Any third party who uses the Buyer account information shall do so at his own risk and acknowledges that NO liability shall be imposed on Us. If You receive any material or data containing information where You are not the intended recipient, You agree to delete such material or data and to notify Us immediately.
3.1 Every time that You click on the reveal price, You would be paying either fifty Euro/ Dollar cents (0.50), one (1) Euro/ Dollar, or two (2) Euro/ Dollar depending on the type of deal. Before having the option to purchase the item, the total value of the item must reach 99%, 50% or 0% of the initial value of the product, depending on which deal You take.
3.2 Every time that a buyer reveals the cost, the price of the good shall decrease by twenty five Euro/ Dollar cents (0.25), fifty Euro/ Dollar cents (0.50) or one (1) Euro/ Dollar depending on the type of the deal.
3.3 The reveal costs is not refundable, except when the deal has been suspended, should the item become out of stock or if it is no longer listed on Dealingers.
4.1 You agree that if You win the bid, You will immediately pay the final price of the item as well as shipping charges over and above the starting price, as established on the Website. With respect to the 100% off deals, the item may be automatically won without paying item price and, the only costs applicable in this case would be the shipping fees. The shipping price can be calculated prior to the end of the deal from the ‘Shipping Cost Calculator’.
4.2 Purchased items will be delivered to the mailing address provided by the Buyer within fifteen (15) working days from the date on which the full payment (including shipment) is received. If for any reason the Seller fails to deliver item within twenty (20) days, we will seek an agreement with the Buyer to refund the retail cost of item and the shipping cost. By mutual agreement between the Buyer and Us, the compensation will be in credit to the Buyer’s account.
4.3 Items which have been purchased but cannot be delivered to You due to the fact that the Seller does not ship to Your territory, will not be refunded. We shall not be held responsible for any items which cannot be shipped by the Seller. You can check if the Seller ships to your territory from the detailed product page, upon clicking the shipping tab.
4.4 A dormant account is a user’s account which has not been utilised for the last thirty (30) months. Dealingers will first contact the user and if no response was heard, We would close the account and in circumstances where the player wishes to reactivate the account, the user has to contact Us on info@dealingers.com and the account will be reopened.
5.1 Should the purchased item be defective or damaged, the Buyer must inform Us within four (4) working days, by writing to info@dealingers.com stating the e-mail address, item number, user name and date of purchase. We will respond within four (4) working days with further instructions upon receipt of email.
5.2 Buyer may return the purchased item to the seller within three (3) days after receipt. Item must be in the original package, unused, and sealed, where applicable.
5.3 Should the item be out of stock or unavailable for any other reason, We have the right to reimburse the value of the item to the Buyer, and not choose to replace the item with an identical one.
6.1 If the item is not delivered or delivered in a defective or damaged state, we will replace the item with a functioning item. Items replaced during the warranty period are supplied with a new warranty equal to the duration of the original sales warranty. If an item is first repaired during the warranty period, the sales warranty shall be extended by the period of repairs.
7.1 This Website, comprising all its content, materials, documents including but not limited to its trademarks/service marks, logos and other intellectual property right, graphics, data files, text, sound recordings and arrangements are wholly owned and copyrighted work of our company, and shall vest and belong to Us.
7.2 None of the materials posted shall be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of us. Legal action will be undertaken for any breach of the intellectual property rights under these Terms and Conditions.
8.1 We shall not be held liable for any lost or delayed transactions caused by a computer or communications fault of any nature that may occur at any stage of the transaction.
8.2 The information and activities offered on the Website may include inaccuracies or typographical errors. In particular, We do not guarantee the accuracy of, and disclaim liability for inaccuracies relating to the information and description of the activities, services and items displayed on the Website.
8.3 We make no representations about the suitability of the information contained on the Website for any purpose. All information offered on the Website are provided "as is" without warranty of any kind. We hereby disclaim all warranties and conditions with regard to the information and the items offered on the Website.
8.4 In no event shall We be deemed liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of the Website or with the delay or inability to use the Website, or for any information, software, product and services obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, strict liability, or otherwise, even if We have been advised of the possibility of damages.
8.5 Without prejudice to the aforesaid, Our maximum liability to the user, whether in tort, contract, negligence or otherwise arising out of or in connection with the Website shall, in aggregate, be the sum that the user has paid to Us for that particular transaction giving rise to the cause of action.
8.6 Any user of the Website who engages in unlawful activities shall be liable for any losses and/or expenses caused by such activity, including reasonable collection fees, lawyers' fees, incidentals, court costs, and such costs and expenses arising from the unlawful activities. Unacceptable conduct includes but shall not be limited to, hacking the software, stealing the account or nickname of another user, installing of any worm, time bomb, or other disabling device or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or attempting, soliciting or abetting any of the above. In this case, We retain the right to terminate any transaction to which such activity relates, and in case of repeated unlawful activities we retain the right to terminate the Buyer’s account without prior notice. In such case of termination due to unlawful activity, the Buyer will forfeit any balance in his account.
8.7 You understand that We do not owe the Buyer any duties other than those stated in these Terms and Conditions.
8.8 We may block, suspend, close or cancel auctions if the computer system is damaged or interfered with or if a system error occurs that has or may have an effect on the course of the auction. Where an auction cannot be restored, any fees paid during the auction shall be reimbursed as credit to the Buyer’s account.
9.1 We reserve the right to periodically change the Terms and conditions and it is the Buyer’s responsibility to review any changes made to these Terms and Conditions prior to each use of this Website.
9.2 Amendments or additions to the Terms and Conditions shall take effect upon their publication on the Website. The date of the Terms and Conditions shall be stated at the top of the Terms and Conditions. Your use of the Services following any amendment or addition of these Terms and Conditions shall signify your acceptance of the amendments and/or additions.
10.1 The Buyer may terminate the use of Services and close their user account by sending an email to info@dealingers.com. However, any contractual obligations incurred before the termination of the account shall remain in full force until the buyer completely discharges them by paying for any outstanding purchase or delivery charges.
10.2 We reserve the right to terminate a Buyer's account at any time without notice and without any obligation to give any reasons.
11.1 The use of Our Services on this Website and the Terms and Conditions herein shall be governed by and construed in accordance with the laws of Malta.
11.2 Any disputes arising from the use of the Website shall be settled by negotiations. If negotiations fail, the dispute shall be settled by Arbitration which shall be conducted and regulated by the Malta Arbitration Centre, by one arbiter, appointed by the Centre, whose award shall be binding on both parties, as final and conclusive notwithstanding that the services may be accessed in other jurisdiction and are not restricted to Malta. The language to be used in the arbitral proceedings shall be English.
11.3 Buyers shall be solely responsible to ensure compliance with all laws applicable to the Buyer in the Buyer's jurisdiction in respect of the use of the Services.
These Terms and Conditions constitute the entire agreement between Us and the Buyer.
"Services" means the content, features and functionality provided by this Website to facilitate the online auction;
"Terms and Conditions" means these terms and conditions, and they may be varied or amended from time to time and any additional terms and conditions or disclaimers with reference to or displayed on the Website;
"Transaction" means any transaction effected through the Services.
"We/Us/Our" means dealingers.com/ Padeca Trading Limited, whose registered office is at 14/19 Vincenti Buildings, Suite 990, Strait Street, Valletta, and with VAT number MT20507019.
"You/Seller" means the person using the services provided by www.dealingers.com.
2.1 The Services are only available to individuals who are aged 18 years and over and can form legally binding contracts under applicable law.
2.2 Any Seller found to be under the age of eighteen (18), his or her account will be suspended or terminated with or without notice. Any money left in the suspended account will be returned to the user after that the processing fees have been deducted.
2.3 You are required to register as a member by filling up the online "Registration Form" and submit by clicking on the "Register" button. Once that registration is complete, You will automatically become a buyer, once that the additional information is duly completed, We will review your documentation and contact You, and at a later stage inform You, whether you have been accepted as a Seller.
2.4 If You are registering on behalf of a business entity, You must have authority to bind the entity to these Terms and Conditions. Without prejudice to your warranty, we reserve the right to ask You for written authority from the business entity before registering any business entity.
2.5 You agree to ensure that your registration details are current, complete and accurate and you must update Us with any changes.
2.6 You agree to ensure that all the information provided on the User and thereafter on the Seller Registration Form is true and accurate.
2.7 A username and a password are required. Duplicate usernames are NOT allowed, and will be awarded on a first-come, first -serve basis. We reserve the right to refuse or cancel any username that is misleading, or otherwise inappropriate for any reason.
2.8 Multiple accounts are prohibited, and subject to termination of Our services.
2.9 After any checks which We deem necessary and after the submission of the requested documentation, We reserve the right to refuse any application to register and to temporarily or definitely suspend any registered members.
2.10 You agree not disclose to others any information which permits access into your user account. Any third party who uses the Seller account information shall do so at his own risk and acknowledge that NO liability shall be imposed onto Us. If you receive any material or data containing information where You are not the intended recipient You agree to delete such material or data and to notify Us immediately.
2.11 The Seller shall suspend the deal as soon as he is aware that the item is out stock and unavailable to the buyers.
3.1 The Seller will decide what kind of deal to list his item under (Buy Now, 50% off or 100% off) and once that a deal has been chosen, the Seller hereby undertakes to sell the item at the price/ deal chosen. To be able to list an item under the 50% deals, You must list the same amount of items under the Buy now deals, and the same would apply to list an item under the 100% deals, You must list the same amount of items under the 50% deals.
3.2 The purchased item will be delivered to the indicated mailing address provided by the Buyer within twenty (20) working days from the date on which the full payment is received. The Buyer shall pay for shipping charges, on the purchased item, as indicated by the Seller. If for any reason You fail to source the destination address and fail to send the item within twenty (20) working days, we will seek agreement with the Buyer to replace the won item with an equivalent product. If both sides could not reach consensus over the replacement, we have the right to compensation with the retail value of the item, together with the shipping costs and any other processing fees which would have been effected.
3.3 From the list of payment methods which was provided for in the registration process, the one(s) which were approved/ indicated by You will be available to Us, as the default payment method. You may add/ change or remove payment methods from “My Profile”.
3.4 In the event that an item is out of stock and the deal has ended, You shall be liable to reimburse the processing fees which might have been incurred.
4.1 Should the purchased item arrive at the destination, defective or damaged in any way, the Buyer will inform us within three (3) days. Once that the purchased item is returned to You, You will immediately replace the item and send it to the Buyer. Such item must reach the Buyer, within a maximum period of twenty (20) days.
4.2 Should the item not arrive at its destination within the timeframe stipulated by the Seller, We will be informed by the Buyer. You will immediately replace the item and send it to the Buyer, and such item must reach the Buyer, within a maximum period of twenty days.
4.3 Should the purchased item be defective, We will not bear the shipping costs to return and replace the item. Such costs will be borne solely by You.
4.4 Should the shipping cost be quoted wrongly on the site, the cost difference will be borne by the Seller.
4.5 Should You, during the completion of shipping templates erroneously declare that You are shipping in a territory which You cannot ship to, You are liable to reimburse Us with the full cost of the item , together with any money-processing fees which might have occurred.
4.6 Sellers are rated on our website, by buyers on finished deals only. Seller rating may be visible inside the Seller tab of the detailed product page.
5.1 Seller shall deal directly with the manufacturer on any warranty issues attached onto any purchased item. Such warranty shall be included in the packaging of the purchased item when sent to the Buyer.
5.2 If the item is proved to be defective or damaged, You shall replace the item with a functioning item. Items replaced during the warranty period are supplied with a new warranty equal to the duration of the original sales warranty. If an item is first repaired during the warranty period, the sales warranty shall be extended by the period of repairs.
6.1 This Website, comprising all its content, materials, documents including but not limited to its trademarks/service marks, logos and other intellectual property right, graphics, data files, text, sound recordings and arrangements are wholly owned and copyrighted work of Dealingers.com.
6.2 None of the materials posted shall be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of us. Legal action will be undertaken for any breach of the intellectual property rights hereunder these Terms and Conditions.
7.1 We shall not be liable for damages caused by the Seller's unlawful activities and/or unacceptable conduct. Any Seller who engages in unlawful activities shall be liable for any losses and/or expenses caused by such activity, including reasonable collection fees, lawyers' fees, incidentals, court costs, and such costs and expenses arising from the activities. Unacceptable conduct shall include but is not limited to, hacking the software, stealing the account or nickname of another user, installing a worm, time bomb, or other disabling device or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or attempting, soliciting or abetting any of the above. In this case, We retain the right to terminate the transaction.
7.2 We may block, suspend, close or cancel the auctions if the computer system is damaged or interfered with or if a system error occurs that has or may have an effect on the course of the auction.
7.3 We shall not be liable or responsible for any loss, damage, embarrassment, loss of profit incurred or suffered by the Seller due to the following causes:
7.3.1 Any failure, delays in transmission, interruption, errors, omission or breakdown of any equipment, system server software or terminal of the Website; 7.3.2 Interference by computer virus, corrupted data, malfunctions; 7.3.3 Strikes, industrial action, civil disturbances, flood, earthquake, landslides or computer, electronic, communications or electrical systems failures of any nature, or breakdown, interruptions, non-supply, failure in the supply of electricity or power for any length of time; 7.3.4 Any defects of the Seller's computer terminal, systems or software used in accessing the Website; 7.3.5 Any access, use or inability to access or use this Website and/or any other website linked to this Website; 7.3.6 Any inaccuracy in the information provided on the Website.
7.4 In the event that any product is defective/ undelivered and should the Buyer take any action against Us, You hereby warrant to indemnify Us fully.
7.5 We shall not be held liable for the rating, comments or any other feedback by users which would have been included to the Seller’s profile by the buyers, after that the deal would have ended. 7.6 We shall not be held liable or responsible for any inaccuracies in the description or price, as imputed by the Seller.
The fees for Our services are as follows depending on type of deal:
100% off deals: We pay the Seller a 5% premium on the starting price;
50% off deals: There is no fee applicable, the Seller will collect the total starting price placed;
Buy Now Deals: the Seller needs to pay a minimum of 2.5% and a maximum of 7% on the item price. Should the item be sold at a discount of 25% or less, the Seller would pay 2.5% of the item price to Dealingers. In case the item is sold at a discount of 24% or less, the following formula shall apply (7minus 2.5=4.5divided by the number of clicks need to reach the 25% discount, and minus the result from 7)
9.1 Amendments or additions to the Terms and Conditions shall take effect upon their publication on the Website. The date of the Terms and Conditions are stated at the top of the Terms and Conditions.
10.1 Sellers may terminate the use of Services and close their user account by sending an email to info@dealingers.com. However, any contractual obligations incurred before the termination of the account shall remain in full force until Seller completely discharges them by shipping the item in relation to any outstanding purchase.
10.2 The seller will remain liable for any damages caused to the Buyer or to Us, through his actions, even after the agreement has terminated.
11.1 We reserve the right to restrict conduct and/or take measures against conduct, which we shall deem to be harmful or offensive to other users, or which is unacceptable for any reason whatsoever or otherwise detracts from the Services or adversely affects our business or software in any manner.
11.2 We also reserve the right to take action against You for any damages arising out of such conduct, as mentioned in clause 10.1 above.
12.1 Notwithstanding the information, materials and contents given herein on this Website, the Seller agrees that it is provided on an "as is" basis and is of a general nature and shall be subject to the Seller's obligation to take independent legal advice, or other advice as the Seller shall deem necessary.
12.2 We, Our employees, and Our authorised agents disclaim any express or implied warranty or representation including but not limited to conditions of merchantability, warranties of title, non infringement of intellectual property rights, usefulness, accuracy, quality or fitness for purpose of the Services or products transacted on the Website.
12.3 We do not warrant or represent that access to the Website, the materials, contents, information and/or functions contained therein will be provided uninterrupted or free from errors or that any identified defect shall be corrected, or that there shall be no delay, failures, errors or loss of transmitted information, that no viruses, or other contaminating or destructive properties shall be transmitted or that no damage shall occur to the Seller's computer system.
13.1 The use of Our Services on this Website and the Terms and Conditions herein shall be governed by and construed in accordance with the laws of Malta.
13.2 Any disputes arising from the use of the Website shall be settled by negotiations. If negotiations fail, the dispute shall be settled by Arbitration which shall be conducted and regulated by the Malta Arbitration Centre, by one arbiter, appointed by the Centre, whose award shall be binding on both parties, as final and conclusive notwithstanding that the services may be accessed in other jurisdiction and are not restricted to Malta. The language to be used in the arbitral proceedings shall be English.
13.3 Sellers shall be solely responsible for the compliance with all laws applicable to Sellers in the Seller's jurisdiction in respect of the use of Our Services.
These Terms and Conditions constitute the entire agreement between Us and the Seller.
Your privacy and the protection of your personal information are very important to Dealingers.com (hereinafter called “Dealingers”). We are committed to maintaining the confidentiality of the personal information collected by us in order to allow you access to www.dealingers.com. We safeguard your personal information utilizing the best software, hardware architecture, techniques, methods and procedures.
The purpose of this privacy policy is to enable you to understand how we collect, store, use and safeguard information relating to you and for you to understand your rights in relation to that information.
What information is collected what is it used for? As part of the Dealingers Registration process, we will ask you to provide us with personal information, which will include your real first and last name, a ‘user name’ of your own choosing, your postal address, your e-mail address and a password. As well, you will also be required to provide information to verify that you are at least 18 years old. You may also need to supply information to certify that you reside in a jurisdiction which allows online auctions.
In order to participate in the Auction, it may be necessary to collect other information from you such as credit card numbers or banking information. This is entirely dependent on what methods you choose to pay for your purchases and receive your items.
Confidentiality Dealingers undertakes substantial efforts to protect the confidentiality of the identity, preferences and other information it has collected about the Users and will not knowingly allow access to this information to anyone outside Dealingers. Dealingers has made a substantial investment in its servers, databases, backup, firewall and encryption technologies to protect the information collected by Dealingers.
All Dealingers employees are required to comply with the terms of this Privacy Policy. This Privacy Policy provides that employees are obligated to keep user information strictly confidential. This obligation continues once an employee has left our Company.
You should also do your part in protecting your information. Your Dealingers password is confidential and we recommend that you not divulge it to anyone or enable others to discover it.
Limits of Confidentiality Legally Required Disclosures: Due to the existing legal, regulatory and security environment, Dealingers may be required, under certain circumstances, to disclose personally information about our Users. Dealingers will use its best reasonable efforts to limit such disclosure to the following: where Dealingers believes in good faith that it is required to do so in response to a subpoena, warrant or other legal process; or where reasonably necessary to identify, contact or bring legal action against persons or entities to preserve and/or enforce Dealingers’ rights. Further, we can, and you authorise us to, disclose your details including but not limited to name, street address, city, state, post code, country, phone number, and e-mail to third party agents of Dealingers as we, in our sole discretion, believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy or other unlawful activity or activity that may expose us to legal liability.
Who receives your information? In addition to legally required disclosures as explained above, we may disclose your personal information to our employees, employees of other companies related to or affiliated with Dealingers and to third party service providers who use your personal information to provide services to us in respect of your being a user of Dealingers. All recipients of your personal information shall be bound by applicable data protection laws to keep your personal information private at no less a level than that by which we are bound.
Your rights in relation to your information We aim to keep our information about you as accurate as possible. You can write to us at any time to review, change or obtain a copy of your information, or you review and/or make changes to your information yourself from My Profile. In order to contact us regarding your information please e-mail info@dealingers.com.
Security Dealingers takes every effort to protect our customers' information both on and offline. Sensitive data is encrypted using the best encryption software in the industry and is further protected by a robust firewall. Offline, your data is protected by a strict Privacy Policy for our employees.
Use of Cookies We may send you a temporary cookie when you visit the Dealingers website. A cookie is a text-only string of information that we place in your computer's browser so that we can remember who you are when you revisit us. We may use the data generated from cookies to compile statistical data on your use of our website to help us to improve user experience. You are not obliged to accept the cookie from us and you have the ability to accept or decline cookies by modifying the settings in your browser.
Log Files We use IP addresses to analyze trends, administer the site, track users' movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Links This web site contains links to other sites. Please be aware that Dealingers is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by Dealingers.
Service Updates Receipts Dealingers will on occasion and when necessary notify customers by email of any site and service announcements and updates that may concern them. Members are not able to unsubscribe these notifications, which are not promotional in nature. We also communicate with the user to provide requested services and in regard to issues relating to their account via email or phone.
Consent to Privacy Policy By opening an Account with Dealingers you agree to the terms of this PRIVACY POLICY. We may update this Privacy Policy and encourage you to periodically review it. If we change our privacy policy we will post the changes on this page. Your continued use of the Dealingers services constitutes your agreement to this Privacy Policy and any updates.
Contact Us:
Email: info@dealingers.com
Mailing Address:
Padeca Trading Limited 14/19 Vincenti Buildings, Suite 990, Strait Street, Valletta, Malta
Privacy Policy last revised: October 2011
Copyright © 2011 Padeca Trading Limited. All rights reserved. More information is available at www.dealingers.com Dealingers can be contacted by email at info@dealingers.com