TERMS OF USE
The present General Terms of Use (hereinafter referred to as the “Terms of Use”) is that of By Promo Cigar (hereinafter referred to as the “Company”)
General.
On the Company’s website Promocigar.com (the “Website”), We supply online auction services to you as someone who bids on item(s) for sale at one of our online auctions.These Terms of Use shall govern the relationship between you (hereinafter referred to as “You”), and the Company (hereinafter referred to by “We”, “Us”, “Our”) including without limitation regarding the use of the Website and the use of the information, content and data publicly available on the Website.
Conditions for using the Website.
By visiting, using and consulting the Website, You expressly agree with the provisions of the present Terms of Use. You are thus highly advised to read the present Terms of Use on a regular basis when You visit the Website as We reserve the right, in our sole and absolute discretion, to amend, alter or otherwise update the present Terms of Use at any time and without prior notice.Such amendments, alterations, and updates to the Terms of Use shall be effective immediately upon posting on the Website. You agree to and shall be bound by such modified, altered, and updated Terms of Use in the event You continue to access, consult or otherwise use the Website following the posting of such modifications, alterations or updates on the Website.
As a user of the Website You recognize and acknowledge that (i) All the information, content and data available, published and/or edited on the Website are the sole and exclusive property of the Company and (ii) You are responsible for your use of the Website including without limitation using the Website in a private, secure, legal, ethical and legitimate manner and shall not use it in any circumstance or form whatsoever for the purpose of any illegal activity or to violate any applicable laws or regulations.
In order to bid for a Lot on the Website, You must first create an online account and obtain an approval from Us to use the account.
A yearly fees of USD /100/ shall be paid in order to use Your account and participate in the bids. Such fees shall be paid during 48 hours following the due date otherwise the account shall be terminated. The due date shall occur (i) the day following the date when the approval to use the account is granted, or (ii) after the elapse of seven days of the following year.
Your Account information is password-protected and thus You need and are responsible to prevent unauthorized access to Your Account and Personal Information by selecting and protecting Your password appropriately and limiting access to Your device and browser by signing off after You have finished accessing your Account.
Lots may only be purchased by or delivered to persons over the age of 18. By creating an account with Us, You confirm that You are at least that age.
Once your account has been activated a contract for Online Auction Services will have formed between You and Us (hereinafter referred to as the "Services Contract").
Description of the Services, Lots, Bidding
We provide an online auction platform, available at the Website (hereinafter referred to as the "Platform"), via which we offer Lots for sale at auction (hereinafter referred to as the "Service").We shall perform the Service with reasonable care and skill on and subject to this Services Contract.
Lots may vary slightly from their pictures. The images of Lots displayed on the Website and Platform are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device's display of the colors accurately reflects the color of the Lots. A Lot may look different on the screen to how they look on physical inspection.
Our description of any Lot, including any condition report and any other statement made by us (whether orally or in writing) are our professional opinion only and should not to be relied on as a statement of fact. All dimensions are approximate only.
Lots are sold "as is", in the condition they are in at the time of the sale, without any representation or warranty or assumption of liability of any kind as to condition by us.
Our estimates of Lots are based on our understanding of current market value. You should not rely on any estimate as a prediction or guarantee of the actual selling price of a Lot or its value or for any other purpose.
Each Lot have its minimum price which is the Starting bid. You may submit a bid for a Lot via Your account any time until the online bidding has closed. The currency the auction is conducted in is USD. We only accept payment in USD.
If your bid is the highest when the Lot closes, you will be the successful bidder, at which time a binding contract is formed directly between you us (hereinafter referred to as the "Contract").
We reserve the right to cancel bids and bidder accounts where we believe bids have been entered fraudulently or without prior credit approval.
PAYMENT
You must settle the bid amount within 48 hours as of the ending of the Auction. You can pay by credit card or debit card. Please ensure that you check with us before bidding that your credit card type is acceptable to us.Without prejudice to our other rights or remedies we have by law, if you do not make any payment to us within 48 hours as of the ending of the Auction, we shall have the right to cancel the sale of the lot, in which case we shall be entitled to sell the Lot again and you shall pay us an indemnity equal to /20/% of the bid amount.
Although, if you do not make any payment to us within 48 hours as of the ending of the Auction, we shall have the right to block your account for a period of 1 year.
We are unable to extend payment terms to any bidder under any circumstances.
Shipping.
The Lot shall be shipped via Fast courier at no additional cost.When shipping internationally, it is important to understand that duties and taxes may apply. You will be responsible for paying any applicable international duties, custom charges, taxes, charges and tariffs that need to paid prior to shipment and/or delivery.
We endeavor to ship the Lot to you as soon as is practically possible but in any event no later than 30 days from receipt of full and clear payment of your Lot. We will deliver to the delivery address named in your account. We will notify you if there are to be any delays.
We are not responsible for delays outside our control. If the Platform, Service or the shipment of your purchased Lot is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
If your package is lost or damaged in transit, please notify us within 2 days of the date of delivery, or within 2 days of the date you received confirmation that it was lost and we will do our best to assist. Due to the nature of the Lots we are not able to insure them during delivery and therefore we cannot accept any liability if Lots are damaged or go missing during transit.
You will own a purchased Lot once we have received payment for the Lot in full.
WARRANTIES
For each Lot offered for sale via the Platform, We warrants, represents and undertakes to You that:(a) each Lot shall correspond with its description and any applicable specification;
(b) it is the sole legal and beneficial owner of, and own all the rights and interests in, the Lots offered for auction on the Platform;
(c) it has the right to transfer ownership of the Lot to You without any restrictions or claims by anyone else;
(d) the Lots offered for sale are in good condition.
We warrant that we will provide the Services with reasonable care and skill.
You warrant and undertake that:
(a) when creating an account, and during the term of the Service, the registration information You provide is true, accurate and up-to-date; and
(b) the funds which You use to purchase a Lot are not connected with any criminal activity, including tax evasion, money laundering, territories activities or other crimes.
RIGHT TO CANCEL THE SERVICES CONTRACT ANT THE CONTRACT
We can cancel this Services Contract and Contract if:(a) You do not make any payment to us when it is due and You still do not make payment within 48 Hours of the Due date without the need of any notification or any legal action whatsoever;
(b) any of Your warranties are materially incorrect;
(c) we reasonably believe that completing the transaction is or may be unlawful; or
(d) we reasonably believe that the sale places us under any liability to anyone else or may damage our reputation.
Hyperlinks.
The Website may include links to other websites. To the extent that We may not have control over these websites, We shall not be held liable in connection with such websites including for their availability, content, advertising, products, services or any other material available on or offered on these websites.In particular, We shall not in any event be held liable for any damages or losses, liabilities, costs and expenses, proven or allegedly incurred in connection with the use of such websites, or for relying on the content, goods or services available on these websites or other external sources.
Limitation of Liability.
To the extent permitted by applicable law, We shall not in any event be held liable for any damages of any kind or nature whether direct or indirect, or for any liability, arising from the access or use of the Website by You, including, without limitation, for any incidental, punitive, consequential, indirect, special, or exemplary damages including without limitation any loss of profit, goodwill or reputation.The Website and its content described in the present Terms of Use are published and edited on an “as is” and “as available” basis. Accordingly, We make no representations or warranties of any kind, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and implied warranties arising from course of dealing or course of performance.
In addition, We do not guarantee that your use of the Platform or the Service will be uninterrupted or error-free. Whilst we make reasonable efforts to have a smooth running and efficient Platform, there is always the possibility that technology will let us down. You acknowledge that the Platform and/or the Service may be subject to limitations, delays and other problems inherent in the use of communication facilities, including the internet. Where there is the case, we will not be held responsible and which You hereby expressly recognize, acknowledge and accept.
We are not liable for business losses. If You use the purchased Lot for any commercial, business or re-sale purpose We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
In any event, Our liability to You is limited to the amount paid or payable to Us. If We are found to be liable to You for any reason, We shall not have to pay more than the amount paid or payable by You to Us.
Indemnification.
You hereby agree and undertake to indemnify and hold harmless each of Us, our subsidiaries, affiliates, joint ventures, officers, directors, agents and employees, from any loss, damages, of any nature, whether direct or indirect, claim, demand or liabilities of every kind and nature whatsoever, known or unknown, including reasonable attorneys' fees and costs, arising out of or in any way connected with Your use of the Website or any content therein, with any conduct by You, a breach of Your obligations, and/or the violation of the present Terms of Use or of any other policies on this Website by You or by any of Your representatives as applicable.Intellectual property Rights.
You hereby expressly recognize, acknowledge and agree that the Website as a whole as well as the various information and materials contained therein (including but, not limited to, any texts, structures, animations, pictures, drawings, photographs, videos, illustrations, graphics, or other elements), including the Company’s trademarks, logos and/or other distinctive signs are strictly proprietary and protected without limitation under the provisions of the applicable intellectual property laws and regulations.Unless otherwise expressly stated on the Website, the intellectual property rights related to the Website as a whole, any such information and/or materials and/or products and/or brands available on the Website and/or created for this Website are the exclusive property of the Company and that the latter do not grant any licenses or any rights other than the right to consult the Website.
You agree and undertake not to use, in any manner, such proprietary information or materials or intellectual property rights except as prescribed on the Website. No part of the Website, proprietary information and/or materials and/or other intellectual property rights, shall be reproduced, adapted, translated, reedited, published or broadcasted in any form or by any means, except with Our prior written consent.
You shall be liable for any violation by You or by any of Your representatives of said intellectual property rights and/or any consequences thereof including for any damages, losses, liabilities, costs and expenses incurred by Us as a result of Your or Your representative’s violation of said intellectual property rights.
Editorial Control.
We shall retain at all times sole and exclusive editorial control over the Website, its presentation and contents. We may from time to time, at Our sole and absolute discretion, without notice, change the Website’s interface design, navigation schema and other aspects of how the Website will be used based on usability testing, best design practices and changing standards within the Group.Confidentiality.
You shall treat confidentially all information and/or data which come to Your knowledge including operations, projects, products, services, applications, websites, clients, partners, prices, strategies, methods and policies, whether this information is written, verbal, or in any machine readable format. All confidential information shall not be disclosed to any third parties without Our prior written consent. The foregoing shall not be applicable to any information that is proven to be (i) publicly available or which thereafter becomes publicly available (other than through a breach of these Terms of Use by You) or (ii) required or requested to be disclosed by any regulatory authority or court having jurisdiction or by any applicable law or regulation.Your confidentiality obligations shall continue even after You cease using the Website. You acknowledge and agree that any breach of the confidentiality obligations as contained herein may cause Us irreparable harm the value of which may be difficult to ascertain and in respect of which a financial remedy may not be deemed sufficient. Accordingly, We shall be entitled to seek injunctive relief before a court of competent jurisdiction in order to restrict, limit or prevent any unauthorized disclosure or use of the confidential information. This right vested in Us shall be without prejudice to Our other rights available at law or otherwise including the filing for damages.
