General Terms and Conditions
http://oopad.com (hereafter referred to as "Oopad.com" or "the Website") is an internet website that operates timed auctions with an "immediate purchase" option. It is open 24/7, except when facing technical issues, and it is edited by the company Oopad.com SARL (hereafter referred to as "the Company"), located at 12 bis, rue Jeanne d'Arc, 92130 Issy-les-Moulineaux. The Company was registered at the CNIL (Commission Nationale de l'Informatique et des Libert&eacus) on December, 24, 2009 under the number 1400041.
ARTICLE 1 - SCOPE OF APPLICATION
1.1 In order to be able to use the website Oopad.com (hereafter referred to as "the Website"), it is mandatory to accept these General Terms and Conditions (hereafter referred to as "Terms and Conditions" or "General Terms and Conditions" or "GTC"). If the user does not accept them, he will not be able to use the functionalities of the website or to generate any content from within (in particular comments and bids). The action of opening an account within the Website automatically implies that its owner has accepted these Terms and Conditions.>p
1.2 Using the Website signifies the acceptance to these Terms and Conditions by the user. The user acknowledges and accepts that the Company is allowed to consider the first use of the website as an acceptance of its Terms and Conditions.
1.3 We advise you to print out or save a copy of these Terms and Conditions for your records.
ARTICLE 2 - AMENDMENT OF THE GTC
2.1 The Company reserves the right to amend periodically the Terms and Conditions. In the event of amendments, a new copy of the Terms and Conditions will be available on the Website. The Company reserves the right, at its sole discretion and without former notification, to modify, suppress or add notices to the General Terms and Conditions at any time.
2.2 After amendments to the Website’s Terms and Conditions, the user acknowledges and accepts that the Company considers this action as an acceptance of these Terms and Conditions.
2.3 We advise you to consult the Terms and Conditions on a regular basis in order to keep up to date with the amendments that are done.
ARTICLE 3 - CONDITIONS OF SUBSCRIPTION
3.1 The user (hereafter referred to as "the User") shall first subscribe to the Website by mentioning the following mandatory information: nickname, email address, password, country of residence, copy of the security code. In order to avoid any disturbance of the Website's activity, the user cannot modify his nickname without the consent of the Company. Any user who wins an auction cannot modify his nickname anymore, as it would alter the sales records, unless the first nickname chosen by the user has altered the functioning of at least one sale.
3.2 The User then has to confirm his subscription by clicking on the link that was emailed to the email address previously specified to the Website.
3.3 The user can then have access to the content of the Website.
3.4 Every action made by the user on the Website shall be loyal, particularly meaning that it is strictly forbidden, in any way whatsoever, to modify or to attempt to modify the processes and devices provided by the Website, especially with the purpose of modifying the result of an auction, or any element leading to the result of an auction, or the winner of an auction. It is therefore strictly prohibited for the user to use more than one account, meaning the user can neither own more than one account nor partake in any auction through an account that is linked to another person.
3.5 The Company also reserves the right to suspend temporarily or permanently the subscription of a user who breaches or has attempted to breach the General Terms and Conditions.
3.6 In order to be entitled to use the services that are provided by the Website and the Company, you hereby acknowledge and warrant that you meet all the following conditions:
- You are a private individual who does not use our services for business purposes on a regular basis. You do not intend to resell, commercialize, rent or proceed to any kind of trading activity that involves a product that you acquired through the Company's services.
- You are of age of majority in your country of residence. Your country of residence can be Belgium, metropolitan France, Germany, Luxembourg, Monaco, Portugal, Spain or the United Kingdom. If the User does not live in metropolitan France, Germany, Portugal, Spain or the United Kingdom, he shall bear the costs of delivery.
- You are the lawful owner of at least one remote means of payment, such as a credit card, a Paypal or a Moneybooker account, audiotel or SMS, or any comparable service, in order for you to be able to proceed to the payment. In general, the User shall lawfully own at least one remote means of payment that can be operated by the Company via the Website.
- You filled in all the mandatory fields in all honesty and sincerity.
- You respect all rules and regulations enforced in your country of residence, which the User is responsible of verifying. The User is not entitled to hold the Company responsible for any infringement to a non-French law or regulation.
- You accept the GTC, you abide by them and you consult them on a regular basis in order to be aware of any update.
Any individual who does not meet any of the required conditions does not have the right to use the services provided by the Company.
3.7 Any individual who belongs to the following category of people is neither allowed to subscribe to the Website nor to use the services provided by the Company:
- People under the age of majority.
- Legally incapacitated adults, or people under an equivalent scheme in their country of residence.
- The Company's collaborators and their family members (spouse, husband, ancestry and descendents).
- Professionals and commercial resellers.
- Legal and corporate entities.
- People who do not reside in any of the countries listed in the article 3.6.
- People who already subscribed to the Website.
- People who formerly breached the GTC and whose access to the Website has been denied temporarily or permanently by the Company.
- People who do not own any means of payment.
ARTICLE 4 - RIGHT OF USE LICENSE
4.1 By accessing the Website, under the present license, you are entitled to a private, non-collective and non-exclusive use of its content. Any networking as well as any reproduction, in any form, are forbidden.
4.2 Reproduction rights are granted for the sole purpose of displaying the Website’s pages on a single screen and for personal use only. If you wish to put the information that appears in the Website to a commercial use, you shall request our permission. To do so, you can send us an email to the following address: contact (dot) cgu (at) oopad (dot) com.
4.3 All materials edited on the Website, including texts, photographs, graphics, icons, videos, drawings (hereafter referred to as "Materials"), constitute works as defined in the article L112-1 of the Code de la Propriété Intellectuelle. Therefore any representation or reproduction, in whole or in part, made without the consent of their authors or their right-holders is illegal. Consequently you may not modify, copy, send by e-mail or otherwise, give, download, display and, in general, use these Materials.
4.4 You thus agree upon:
- downloading the Materials to your computer only if it is for a personal and temporary use ;
- printing in hard copy the downloaded Materials only if the hard copies are strictly limited to a personal use ;
- not keeping the downloaded Materials for more than fourty eight (48) hours and proceeding to its destruction past that deadline ;
- not altering, modifying, moving, withdrawing or replacing the editorial content (text and/or reproduction) of the Materials and/or the name of the Company and/or the authors or their right holders and/or any other information relating to the rights of the Company and/or the authors of the Materials or their right holders.
4.5 The violation of any of the editor's or the Website's authors' copyrights constitutes an offense of counterfeiting punishable by three years of imprisonment and a fine of 300 000 euros, as defined in the article L335-2 of the Code de la Propriété Intellectuelle.
4.6 The Company also reserves the right to modify the characteristics or the content of the Website. The Company may also restrict the access to the Website to some pages without any prior warning.
4.7 The Company may suspend, interrupt or stop the access to all or parts of the Website at its sole discretion whatsoever and for whatever reason including the non-compliance with the General Terms and Conditions of the Website. The Company does not guarantee that the Website is error-free or that any imperfections will be corrected.
4.8 The Company reserves the right to send, to you personally or to all the users of the Website, emails in order to keep you informed of the changes, the modifications or the inserts that occurred in the Website.
Auction : Auction refers to any sale containing a bidding process and an immediate purchase feature, that is operated by the Company. This auction has two specifications; on one hand, a User wins the auction hence the right and the duty to purchase the product at the amount he obtained after his last bid (or the offer he made), and on the other hand, all the other Users that have partaken in the auction have the right to purchase the product at its public selling price. They can purchase the products in two different ways: either they choose to deduct the price of the credits they used in the auction from the product's public selling price, or they can retrieve all the credits used in the auction and pay the full public selling price. They can proceed to the purchase at any time during the auction, and even until 24 hours after the auction has closed.
Bid : Offer refers to the action of setting a bid at a specific moment in time. The User specifies a bid (makes an Offer) with a specific amount (to the cent) and a specific date (to the second).
Winning Bid : Winning Bid refers to the final Bid during an Auction having granted its User the right and obligation to purchase the item set in auction for the amount of its auction at the value of the Bid.
Public Price : Public Price refers to the price at which the Company purchases its items from its suppliers, to which it adds a marginal amount. At this value, Users have the possibility of executing an Immediate Purchase.
Reserve Price : Reserve Price refers to the price under which an Auction is cancelled automatically. The Reserve Price is calculated as a percentage of the Public Price of an item. It is specified at each Auction. The Reserve Price is not applicable to Oopad packs.
Immediate Purchase : Immediate Purchase refers to the option given to Users to acquire any item at its Public Price before, during, and up to 24 hours after its Auction.
Deduction : Deduction refers to the possibility to decrease the Public Price when proceeding with an Immediate Purchase, in the amount of the Oopad units bought and used during that specific Auction.
Recovery : Recovery refers to the possibility to recover all Oopads used during an Auction in the event of an Immediate Purchase, once the item is charged at its Public Price.
Oopad : Oopad refers to the virtual right to bid, sold by the Company as per the terms exposed in Article 6 in this document, or given away at no cost through referrals, sponsorships, registration, bonus vouchers and regular reloads sent by the Company. The regular reloads do not create any right or obligation regarding the User’s assets.
Oopad.com is an e-commerce website that functions on a new model: Auctions with an Immediate Purchase feature. This system distinguishes itself from traditional auctions in the sense that only one person has the possibility to acquire the auctioned item. On Oopad.com, all Users that participate in an Auction have the option of purchasing an item at its Public Price.
You are requested to use our site and our services with this intent. We recommend that you participate only to Auctions for which you have the means to purchase the item at its Public Price. You understand that the Company has informed you and recommended that you only participate to Auctions at which you have the possibility to proceed with an Immediate Purchase.
5.1.1 Oopad.com offers its Users a fee-paying service meant for Auctions containing an Immediate Purchase feature (hereafter referred to as “Service” or “Services”) available from 8am to midnight (France time-zone). Each User has an account on which is shown the total amount of Oopads held (hereafter referred to as the “Account”), regardless of how the Oopads were received.
5.1.2 Each Oopad used by a User during an Auction increases the price of the item auctioned by one (1) penny of a pound and restarts the countdown, which the duration is specified at each Auction.
5.1.3 This countdown can have a different duration, spanning from fifteen (15) to one hundred and twenty (120) seconds, depending on the item auctioned. Often, Auctions are set with a one (1) minute countdown that is maintained during the entire Auction.
5.1.4 The User that made the Winning Bid has the possibility to proceed with the payment of the item during the 24 hours following the end of the Auction. If the User who made the Winning Bid withdraws, the User that has placed the second highest bid will be given the right to purchase the item. If after 30 days, no User has chosen to purchase the item, the Auction is thus cancelled and all Users who have participated will be refunded the Oopads used during this Auction. The minimum transaction amount is two (2) euros. This way, if a User wins an Auction with a Winning Bid that is lower than two (2) euros, the payment to be charged will be two (2) euros nonetheless. The difference between the Winning Bid and the two (2) euro amount will remain shown as a credit to the User’s account, which in turn has the possibility to use it either when purchasing another item or as a means to buy more Oopads.
5.1.7 Due to the time necessary for the Bid to reach the Company’s servers, and with the intent to provide all Users an equal opportunity to submit bids regardless of their geographic location, the Company’s servers will add an extra four (4) seconds at the end of the Auction to allow all bids to be accounted for.
5.1.8 Sometimes, this duration may differ between our servers and the internet browsers used by our Users. The User’s countdown shouldn’t be considered as an indication of the duration of the Auction. The potential time difference could be due to a slow Internet speed/connection or to an outdated internet browser. This means that the browser may display “Verification”, even if there is still some time remaining before the end of the Auction, and thus does not mean that the Auction has been completed. Inversely, a User’s browser can display a remaining timeframe when the actual Auction has been already completed. In any case, the User having submitted the highest and last bid wins the Auction and should proceed to purchase the item at the Winning Bid.
5.1.9 Once the Auction has been completed, the two (2) Users that used the highest amount of Oopads on each Auction are re-credited Oopads used for that Auction in the amount of fifty percent (50%) for the User who has used the most Oopads and twenty-five percent (25%) for the second User. In the event that either has used the Immediate Purchase feature, this option (Oopads credits) does not apply. In this case, the next User who has used the most Oopads will receive the credit. The ranking of the Users who used the most Oopads is not contractual. In the event where two users have used the exact same number of Oopads in an Auction and are within the minimum requirement, the User who has placed the last bid will be credited the Oopads used during this auction.
5.1.10 The Offers are available as soon as they are taken into account in the Company’s database. The Company cannot be held responsible for power outages, Internet interruptions, equipment or telephone malfunctions. This includes, but is not limited to, a defective countdown during the Auction, expired Offer and User information. The Company reserves the right to interrupt momentarily all Auctions, to modify the duration of ongoing Auctions, as well as opening and closing Auctions, in the event a potential disruption.
5.2 Immediate Purchase feature
5.2.1 Auctions offer Users an Immediate Purchase feature when the Reserve Price has been reached or surpassed.
5.2.2 The Immediate Purchase feature allows Users who haven’t won an Auction to purchase the item at the Public Price, which is displayed at each Auction. The Users have the possibility to purchase the item of their choice at anytime during the Auction by paying the Public Price. The User that chooses the Immediate Purchase feature is thus reimbursed once all the Oopads used during this specific Auction (amount of Oopads calculated at the moment the User clicks on the feature) as soon as the User proceeds with the purchase of the item immediately. Service fees may be charged when using the Immediate Purchase feature. If applicable, this is displayed on the relevant page.
5.2.3 The User can, thanks to the Immediate Purchase feature, purchase the item anytime before and during and after the Auction. Additionally, the User can purchase the item when the Auction is paused. However, after the Auction, the feature is only available within the first 24 hours starting from the end of the Auction.
5.2.4 If the User decides to proceed with an Immediate Purchase, he/she must decide whether they prefer to deduct the amount of Oopads used to the Public Price or whether they want to recover all Oopads used in this Auction.
5.2.5 Only the Oopads bought can be used as a deduction from the Public Price. The Oopads received for free (in whichever channel possible: bonus, referrals, sign-up, vouchers, sponsorships, or other) cannot be used for recovery or for refunds. If the User holds both free Oopads and purchased Oopads and decides to proceed to a deduction, only the purchased Oopads will be applied to the purchase. The Oopads purchased by SMS will be deductible to a maximum of 0.67 pounds per Oopad in the 15 days following their purchase date.
5.2.8 Example :
A given User (hereafter referred to as “User”) buys a pack of 10 Oopads for 10 euros first on January 15th, then an additional pack of 20 Oopads for 19 euros on January 25th and finally a pack of 50 Oopads for 45 euros on February 01st.
The User proceeds with an Immediate Purchase on an item on February 4th. The User has used 80 Oopads on the auction of this item, whose Public Price is 300 euros.
The cost of the Oopad will be deducted in the following manner:
300 euros – (45 + 19 + 0) [Since the 10 Oopads pack was bought within 15 days ago] = 236 euros is the total payment to be made after deduction.
The given User has used only 55 Oopads in the Auction and proceeds to use the Immediate Purchase feature.
300 euros – (45 – 5/20*19 [=4.75]) = 250.25 is the total payment to be made after deduction.
5.2.9 The Oopads are marked as reimbursed at the moment the User clicks on the Immediate Purchase feature, with no possibility to cancel, whether the item is paid or not.
5.2.10 A used Oopad can be recredited only once, meaning they are not cumulative with the Immediate Purchase feature, recovery of Oopads to the highest bidder and Immediate Purchase with deduction. In the same sense, an Oopad can be deducted only once.
5.2.11 The Auction will proceed without interruption for all other Users. All the purchases carried out using the Immediate Purchase feature are subject to the complete payment of the amounts due by the User for the item in question (including all shipping charges, service fees and sales taxes) within the first 24 hours following the end of the Auction.
5.2.12 In the event that the complete payment has not been received within the stated required timeframe, the User’s rights concerning the item and the Immediate Purchase feature are immediately revoked and cancelled. Additionally, the User will not receive any refund of the Oopads used during this Auction.
5.3 Specific Auctions
5.3.1. The Company reserves the right to organize Auctions set up in particular ways. More specifically, the Company, at its discretion, may organize Auctions for beginners (hereafter referred to as “Simplified Auctions”). The only Users authorized to participate in these auctions are those considered as beginners, signifying a User that has not won an Auction in the last 90 days from the moment he has placed his bid (hereafter referred to as the “Beginner”).
5.3.2 The Company will display distinctive characters in Beginner Auctions, specifically as images. A User cannot request to recover his Oopads by using as an explanation the fact that he/she was not aware that they were participating in a Simplified Auction. All Users are responsible for verifying which type of Auction they are participating in.
5.4 SMS Offer
5.4.1 Users have the possibility to place a bid directly from their mobile phone by sending an SMS (surcharged). The User must send an SMS to the specified phone number indicated on the Auction page. The User must also communicate his/her account number as well as the Auction identification number. This information is displayed when the User slides the mouse over the Bid button. The Company cannot be held responsible for any errors on behalf of the User concerning the reception of this information.
5.4.2 Once the User has sent the SMS with all the information mentioned in the previous bullet-point, the corresponding Bid can take some time before registering on the Company’s systems because of the payment service intermediary. As soon as the Company receives the confirmation of Bid by the intermediary, if applicable, the Bid is automatically placed in the Auction. The User in question takes the lead. The Service proceeds in a normal fashion.
5.4.3 If for any given reason, the User respects the procedure mentioned in the previous bullet-points but the bid is not placed, specifically but not limited to the Auction ending in the meantime, the Auction switching to a paused state, or any other technical reason, the User’s account will be credited with an Oopad. This Oopad will be deductible for a duration of 15 days to a maximum of 0.67 pounds.
ARTICLE 6 – ACCOUNT RELOAD
6.1 The access to the site is entirely free of cost. At sign-up, Users receive free Oopads which permit them to use the Services. On a regular basis, the User’s account may be reloaded with Oopads for free, with no obligation on behalf of the Company. The policy regarding reloads is free and may be subject to changes with no prior notice.
6.2 The Users also have the possibility to buy Oopads to be used for the Services. These Oopads allow the Users who own them to proceed with bids in the Auctions organized by the Company.
6.3 The Oopads do not constitute a currency, neither real nor virtual. There is no exchange rate and the Oopads cannot be converted into a real currency. They cannot be sold, rented, lent, or be put at someone else’s disposition in any possible manner. They can be used on the site exclusively in the ways mentioned in this document, the General Terms and Conditions.
6.4 The Oopads obtained on the website Oopad.com for free or through purchase are not transferable. They are to be used on the website only, in the Auctions. They can be designed to, specifically but not limited to, neither act as a transfer of property or ownership, nor fully or partially, nor temporarily or definitely, nor directly or indirectly. The Oopads do not constitute a currency and are not convertible.
6.5 The Users do not have any purchase obligation concerning Oopads. They can, if they desire, participate in the Auctions by using simply the Oopads obtained for free, whichever the channel they were obtained. The User that proceeds to buy Oopads recognizes having decided to buy them independently from the Company. The User who buys Oopads recognizes having given the consent for the purchase operation.
6.6 Any payment fraud attempt will lead to the immediate closing of the account or a block on the concerned account. The Company reserves the right to request any justification or document relative to a User that displays abnormal payment behavior, for any given reason. The Company reserves the right to engage in legal proceedings , if necessary, for any prejudice in case a fraud or scheme is discovered.
6.7 The Users have the possibility to purchase Oopads. They can only purchase them as part of a package of Oopads (hereafter referred to as “pack of Oopads”). The prices are subject to change and are all indicated on the following website: http://oopad.com/Z/Bid/GetMore/?OnlyBuy=true. The fees currently charged are the following:
Pack of 2 Oopads: three (3) euros
Pack of 10 Oopads: ten (10) euros
Pack of 20 Oopads: nineteen (19)euros
Pack of 50 Oopads: forty-five (45) euros
Pack of 100 Oopads: eighty-five (85) euros
Pack of 200 Oopads: one hundred and sixty (160) euros
Pack of 350 Oopads: two hundred and seventy-five (275) euros
Pack of 500 Oopads: three hundred and eighty (380) euros
6.8 All Oopad purchases need to be completed immediately after the order. Once the payment has been made, the User’s account will be credited with the relative amount of Oopads purchased. To proceed with the payment, the User can use various payment channels available on the website during the order, specifically Paypal, Moneybookers, Hipay and audiotel services.
6.9 For protection against fraud, the Company can request complementary information from Users in the event of suspicious transactions. In the event that the User refuses to provide the necessary information, the Company reserves the right to block the User’s account with the intent of not disturbing the Auctions.
6.10 The Users who have purchased an Oopad pack or an item, whichever that may be, have the possibility to obtain information regarding usage terms and conditions by calling + 33 1 83 62 54 96
6.11 In accordance to the regulations regarding consumers’ rights, Users having purchased Oopads have the right to retract their purchase of unused Oopads purchased. Any User that makes this request can be reimbursed deductible Oopads still in the account within 7 days of the purchase date.
ARTICLE 7 – AUTOBIDS
7.1 The User has the possibility to pre-set a bid (hereafter referred to as “Autobid”) by cliking on the AutoBid button on certain Auctions. When an Auction allows this feature, an image displaying a hammer is displayed on the side of the item being auctioned.
7.2 The Autobids give the User the possibility to bid during an Auction even if the User is not online at that moment.
7.3 The User must define certain variable, at his/her convenience. Firstly, the User must choose an item. Secondly, the User defines the maximum amount of Oopads allowed to be spent on this item. Thirdly, the User defines the maximum price he/she is willing to bid for the item. Finally, the User confirms the variables and validates the process by clicking on “Save”.
7.4 As soon as the AutoBid is created and the different criteria inserted is compatible and favorable to the Autobid, the Oopad will be automatically used in the first 10 seconds of the countdown, unless a technical issue occurs. If another User manually bids on the item, then the User having used the Autobid feature will retain the Oopads. If a technical issue leads to the Autobid placing a bid within the last 10 seconds of the countdown of the Auction, the corresponding Oopads will be refunded.
7.5 If many Users have an AutoBid feature active on the same item with similar criteria, the order of the bids will be determined by the date and time at which the AutoBid feature was set up.
7.6 In case a technical or system issue occurs, which in turn prevents the placing of an AutoBid, the affected User will be refunded the Oopads used on the Auction in question.
ARTICLE 8 – REFERRALS
8.1 The Company reserves the right to propose to its Users a referral plan on the website. The terms and conditions regarding the referral plan are available on the website. The terms and conditions regarding participation to this program are available in the “More Oopad” section of the website.
8.2 These terms and conditions are subject to change on a regular basis due to the commercial policies of the Company. Specifically, the Company can decide at any time to limit the amount of Oopads that can be obtained through referrals, per period, or limit the amount of Oopads received through referrals on an account. Generally, the Company reserves the right to proceed to revoke Oopads distributed for free with no prior notice, at its discretion. The Users will not be able to hold the Company responsible using any reason or explanation for revoking free Oopads from Users.
8.3 The Company commits to a transparent and clear policy regarding referrals. The Company recommends that Users keep up to date regarding changes and evolution to the referral plan.
ARTICLE 9 – ACCOUNT SUSPENSION AND REMOVAL
9.1 Any individual that contravenes, or tries to contravene, to the existing Terms and Conditions faces the risk of having his/her account suspended, limited (in terms of the amount of Auctions permitted to be won within a given time period), or removed with no prior notice. Additionally, the Company may verify if the information provided is accurate and ask for proof, specifically of identification and address. Any offense, whether providing false information or trying to destabilize the system (specifically but not limited to: fraud, piracy, etc…) will face the risk of having the account shut down, without allowing the User to receive any refund of Oopads currently held in the account. The User may face the risk of judicial proceedings. All abuse regarding the usage of a User’s account, whether hurting a third party of the Company, faces the risk of account suspension or removal, IP address blockage, as well as communicate the infraction to the relative authorities.
9.2 In the event that a User who has not won an Auction has infringed the Terms and Conditions of the website faces suspension or removal, he/she can obtain his/her account back by refunding all Oopads used and obtained fraudulently. All fraudulent accounts will be removed and the User will thus only keep one account, as per Terms and Conditions. If the User refuses these terms, all accounts will remain blocked and inaccessible.
9.3 In the event that the website monitoring team notices a single User using several accounts, engaging in piracy of one or many accounts, conducting prohibited transactions, the concerned User will have his/her purchases cancelled and his/her accounts blocked and removed. The items having been purchased in a fraudulent manner will be reimbursed to the Company at an average price charged by suppliers, in the event that the User has already been delivered the item. The items purchased but not yet shipped will be treated in a manner as per Article 19.
9.4 It is strictly forbidden for any User to buy a referent (person being referred) by any means, directly or indirectly, neither through an advertising channel nor through any other partnership, in exchange for compensation whether it if monetary or in any other nature, such as points valid on other sites, voucher coupons, link exchange, or any other process that could be considered a counterparty. Any User who would like to influence another User into signing up may face the risk of having his/her account suspended or removed, either temporarily or definitely, depending on the seriousness of the situation, of which the judgment remains at the Company’s discretion. The related Auctions that are won will be cancelled and all related accounts will be re-examined.
9.5 Any User has the possibility to ask to be unsubscribed at any moment from the site and can have his/her account deleted. In this case, the Oopads that were purchased but not used will however not be refunded to the User.
9.6 The User is informed that their nickname/username will continue to be displayed on Auction history records. Furthermore, in the intent of avoiding misleading or confusion, the same nickname/username will not be used by anyone else even after the User has unsubscribed from the website and does not use the Services anymore.
9.7 Any User that surpasses the limit amount of Auctions authorized to be won within a period of 7 days will have their account suspended for a period of 14 days, though the final Auction will be valid. In the event the User does not respect that limit a second time, the suspension may be extended to one (1) month. If the limit is not respected again, the User may be banned from using the website.
9.8 The Company reserves the right to sanction any User that would contravene these present General Terms and Conditions, either directly or indirectly, publicly or privately, whether directly affecting the Company or not. Specifically, the Company will place special attention to its communication and media channels, such as its designated page on the Facebook social network, its Twitter account page as well as any future media channels. The Company specifies that any User that attemps to impair the Company’s image may face the risk of having his/her account suspended or removed. Furthermore, the Company reserves the right to revoke any free Oopads previously given to the concerned User.
ARTICLE 10 – ITEM INFORMATION AND ILLUSTRATIONS
10.1 The Company Oopad.com provides different information on the items set in auction on the website. This information is as per the description provided to the Company by its suppliers. The Company reproduces only technical information concerning the item. This information is intended in now way to act as an opinion or judgment on the certain item. This is provided for information purposes only.
10.2 Given the frequent changes to the item list set in auction by the Company, it is possible that some information provided be inaccurate temporarily at the moment the User is connected on the Website. The Company puts in much effort to provide the most accurate information as possible, but cannot be held for inaccuracies. The User is encouraged to verify different information pertaining to a specific item, or to ask the Company when in doubt.
10.3 The Company will not be held responsible for inaccuracies for information displayed on the Website, relating to items set in auction. The Company will nevertheless put in the most effort in providing flawless information to its Users.
ARTICLE 11 – ITEM AVAILABILITY
11.1 All items will be delivered to their recipient within a delay of 90 days, except in the event an unavoidable accident, otherwise known as a force majeure, as defined the French jurisprudence. In the event that this delay is not respected, the User will be refunded 10 euros per month late, past the 90-day delay.
11.2 The Company works with renowned suppliers. However, it can occur that at the moment when the Company places an order for an item, it becomes unavailable. In this event, the Company commits to provide the User an item of equivalent or superior value. In the event that the Company and the User do not agree on a substitute product, the Company will deposit the value amount to the User.
ARTICLE 12 – LIABILITY LIMITATIONS
12.1 The information that is communicated on the website, as well as ongoing events, cannot be used to challenge the Company, or its responsibility, in any way.
12.2 You are responsible for damage and prejudice, whether direct or indirect, material or immaterial caused by any form of usage of the website, whether fraudulently or not.
12.3 You renounce any claim or judicial action relating to damages and prejudice, on the basis of the contractual responsibility of the Company, in its role of publisher of the website, or on any other grounds.
12.4 Hypertext links may send Users to other websites, other than the Company’s website. By clicking on these links, you leave the Website and end up on other websites on which the Company exercises no control or influence. Consequently, the Company clears itself from any responsibility in the event that the content of the external websites contravene any legal rules and regulations currently in effect.
Furthermore, it is noted that no hypertext link may send a User on the website without the authorization of the Company. When no such authorization is obtained, the link is considered a counterfeit, of which the penalties are detailed above.
12.5 The Company commits to provide its best efforts to secure access to the site, whether for consulting or usage purposes, in accordance to Internet usage regulation. Access to the site is possible on a twenty-four (24) hour basis, seven (7) days a week, except in the event of an unavoidable accident, equipment malfunctions or maintenance of the website necessary to maintain the website’s functions, with no prior notice.
As a consequence, the Company cannot be held responsible in the following situations:
Temporary interruptions intended to update the website’s files.
Functioning difficulties or temporary interruption of the website that is above the Company’s capacity, specifically in the event of an electric or telecommunication shutdown.
Temporary interruptions of the Website necessary for its maintenance and update.
Network failure or dysfunction regarding message or document transmission.
You hereby agree to the characteristics and limits of the Internet and particularly recognize:
To have taken in consideration the nature of the functioning of the Internet, particularly its technical performances and the time it takes to consult, request or send information.
That communication of potential access codes, password and username information, or any general information communicated to the User, is deemed confidential and is under the User’s responsibility.
That it is up to the User to take all necessary measures to make sure the computer used is capable of consulting information on the website, and on Internet in general.
That it is up to the User to take all necessary measures regarding data protection and anti-virus software that may protect from potential viruses circulating on the Website or on the Internet.
That it is specified that downloading material signifies the acceptance of the present General Terms and Conditions.
ARTICLE 14 – CONSUMER PROTECTION
14.1 Due to the Website’s attractive nature, the Company recommends Users to monitor their bank accounts regularly and to abstain from purchasing Oopads in amounts which are disproportionate to their standard of living.
14.2 Moreover, the Company limits the amount of transactions (Auctions won by a particular User) to two (2) during a given seven (7) day period, per User. In the event that a User wins a second Auction within the seven-day (7) period and has simultaneously used Oopads on another Auction that is still ongoing, the User is not able to additionally bid. However, the User has the possibility to engage in an Immediate Purchase on the ongoing Auction. The User may also choose to deduct Oopads held in the account on this Immediate Purchase.
A given User (referred to hereafter as “Alpha User”) signs up on the website on January 1st at 10am and purchases an Oopad pack of 100 and participates in 3 Auctions; Auction A, B, and C.
Alpha User uses 30 Oopads on Auction A and wins the Auction on Monday January 1st at 3pm.
Alpha User uses 30 Oopads on Auction B and wins Auction B on Tuesday January 2nd at noon. At this moment onwards, Alpha User may not win additional Auctions and cannot place any additional bids.
Alpha User had also participated in Auction C on which 10 Oopads were used on Tuesday January 2nd at noon. The item in Auction C had a Public Price of 100 euros. Alpha User has three possible options:
1: Proceed to an Immediate Purchase with deduction: Alpha User pays (100-[85/100]*10)=100-8.5=91.5 euros.
2: Proceed to an Immediate Purchase with deduction by adding the Oopads held in Alpha User’s account* : 100 – [85/100]*[10+30] = 100 – 34 = 66 Euros.
3: Not proceeding with an Immediate Purchase.
*For the example, Alpha User decides to use all the Oopads still held in the account, but could have also chosen to use just a portion of this Oopad balance.
14.3 With the purpose to counter fraud and protect Users against a fraudulent use of their payment methods, the Company can request documentation used and necessary for transaction verification. All Users who refuse this verification procedure can pay for the item through bank wire transfer. The User should contact the Company to receive the information necessary for a wire transfer.
ARTICLE 15 –PURCHASE AND DISCOUNT VOUCHERS
15.1 All Users who proceed to purchase Oopads (excluding other acquisition methods, such as, but not limited to, referrals, sponsorships, or any other free acquisition method) also acquire the right to obtain purchase or discount vouchers (hereafter referred to as “Voucher”) of equal or superior value to the amount of the User’s purchases, calculated as per the formula specified in this article.
15.2 No Voucher is to be used directly on the Company’s Website. No Voucher can be used as a refund.
15.3 To use these Vouchers, the User must go to the “My purchase and discount vouchers” section. A list of offered vouchers are listed as suggestions from the Company’s partners. The User chooses the voucher of interest. To be able to take advantage of the voucher, the User must click on “Uncover”, and then confirm his desire to uncover the voucher. Once the voucher has been uncovered, the User can use the corresponding code, as per the conditions specified for each voucher.
15.4 The Users must verify the conditions for the particular voucher before uncovering it, pertaining but not limited to the validity of the voucher, the voucher accumulation policy, the locations where the vouchers are accepted and the general conditions regarding the usage of the voucher. Once the voucher is uncovered, the User cannot undo this action, obtain another right of access to a different voucher, or obtain a refund.
15.5 The value of these vouchers is calculated in the following method:
[(Amount of Oopads purchased) – (Amount of items acquired at their Public Price) x Bonus Coefficient] – Amount of vouchers already uncovered.
The Bonus Coefficient is an index determined freely and revisable by the Company, at its discretion, without prior notice.
A: A User (hereafter referred to as “User”) signs up on the Website and proceeds to purchase 100 Oopads for 85 Euros. The User participates to a first Auction whose item holds a Public Price of 100 Euros. Many situations are possible:
1) As soon as the User wins the Auction, User has access to [(85 – 100) x Bonus Coefficient] – 0 = 0.
2) As long as the User has not won the Auction, the User has access to [(85 – 0) x Bonus Coefficient] – 0 = 85 x Bonus Coefficient in Vouchers.
ARTICLE 16 – OOPAD DEALS
16.1 The Company Oopad.com occasionally suggest special offers which allow the User to acquire items set in auction and can be purchased through an Immediate Purchase feature. These Auctions will be presented in a different manner and will be called Oopad Deals (hereafter referred to as “Oopad Deals”). The Oopad Deals are suggested to clients of some or all countries in which the Company offers its services. This information will be indicated in the information section concerning any item offered as part of an Oopad Deal.
16.2 Each Oopad Deal indicates the item’s sale price as well as a crossed-out price. The crossed-out price corresponds to the observed price on the market, through merchants or e-commerce sites, from which the Oopdad Deal price is calculated.
16.3 Oopad Deals are promotional sales events offered during a determined period for a determined inventory. The period is indicated by a specific countdown and the remaining inventory of this item is displayed on a progression bar. The Oopad Deal ends in 2 cases: firstly, as soon as the inventory is cleared, before the end of the countdown; secondly, at the end of the countdown, even if the item is still available in inventory.
16.4 Generally, the Oopad Deals have a duration of 13 hours. The countdown allows Users to know when the offer will end. However, the inventory of the item can vary depending on the Oopad Deal.
16.5 As soon as a User is in the purchase process and enters the delivery address, the progression bar of the inventory is updated. If this particular User does not proceed to purchase the item within the following 15 minutes, the software used by the Company will consider that the sale has not been carried out and the progression bar will be updated once again. The User will have to restart the purchase process. It may be possible that in the meantime, another User has initiated the purchase process and thus led the item to become unavailable due to lack of inventory. In this case, the first User no longer has the possibility to place an order. The Users cannot claim to face prejudice due to the fact that they could not pay for the item during their first try. The purchase is only valid and definite once the payment is cleared. As long as the payment has not been carried out, the User may not claim to reserve the item. The progression bar displaying current inventory is provided for information purposes only. Users may not claim that the progression bar displays tem porary inaccurate information to justify prejudice and claim reparation.
16.6 In the event that a sale is ended early due to fast-selling inventory, the Company has the right to contact its supplier to request additional items to add to the sale. In the event that more inventory is received, the sale may restart while maintaining the same terms and conditions.
16.7 A User may not, in any case, ask to use the available Oopads on their accounts to purchase an Oopad Deal. In the same sense, no User may use the deduction reserve on an Oopad Deal. However, the Oopads will be automatically deducted (TO BE CONTINUED)
ARTICLE 17 – PERSONAL DATA
17.1 In accordance with the Law on Informatics and Liberty #78-17 from January 6th 1978 and the Data Protection Act #95/46 from October 24th 1995, any individual that has signed up on the Oopad.com website holds a right of opposition, access and correction to their data. Consequently, any User registered on the website has a right to correct, complete, clarify, update or delete data that concerns them. This request, along with the applicant’s information, can be sent to the following address: OOPAD.COM SARL / Data Correction – Oopad.com / 12 bis, rue Jeanne d’Arc – 92130 – Issy les Moulineaux – France.
17.2 Oopad.com cannot be held responsible for changes in legislation that may have an impact on Auctions and on their functioning.
ARTICLE 18 – SALE OF ITEMS – SUPPLIER PARTNERSHIPS
18.1 The Company is open to partnership propositions to allow professional sellers to become Oopad.com suppliers. Any interested parties have the option of contacting us with the intent of developing a partnership. The Company reserves the right to review every opportunity for a partnership and the right to refuse any proposition that it would deem inadequate, not pertinent for any given reason, with no obligation for justification. No distinct entity will be authorized to sell its items via Oopad.com.
ARTICLE 19 – BID HISTORY – ANTI-FRAUD POLICY – TECHNICAL ANOMALIES
19.1 To ensure transparency, auction bid history is verified by SCP Chouraqui Nacache et associés, bailiffs, located at 41 allée de la Toison d’Or, 94000 Créteil.
19.2 Despite all the efforts made by the Company, it may occur that a User engages in fraudulent activity which would lead that User to win an Auction. In the even that the Company has the proof of fraud committed by this User, the Company will refund all the Oopads used on this Auction to all the Users that have participated to this Auction. The fraudulent User will be banned fro; the website and will not be able to use the Website’s Services anymore. The Company reserves the right to engage in judicial proceedings to repair any prejudice or damages.
19.3 In the event a technical difficulty that has affected the proceedings of an Auction, it may be cancelled and all the Users will be refunded the Oopds used.
19.4 The User recognizes having understood the possible technical anomalies inherent to the usage of the Internet, specifically ones that may occur during an Auction and the associated risk of cancellation. Consequently, the User revokes all claims or action against the Company based directly or indirectly on the cancellation of an Auction, whichever the reason may be, as soon as the User is refunded the Oopads used on the cancelled Auction.
19.5 Any User that disrupts the progress of an Auction faces the risk of sanctions that span from the temporary suspension of the account to a permanent exclusion. Cases considered as disruptions pertain to situations where a User turns to, but not limited to, the assistance of a software or other IT service not provided by the Website, to help place bids for the User, spread out false bids, to intimidate other Users of one or many Auctions, by providing false or real information. It is strictly forbidden to agree to scheme to counter certain limits and restrictions, such as, but not limited to, the limit of Auctions to be won within a specific period. It is forbidden for two Users living in the same household to participate in the same Auction. In this case, the Company has the right to restrict the usage of its Services by allowing only one of the two accounts to use the website.
19.6 Any disruption of an Auction can lead to the temporary suspension of the account (or the modification of some of its criteria), up to 1-month. In case of a disruption of an Auction, the User may face sanction by having their free Oopads revoked. In case the situation recurs, the User may be banned from the Website. In the event of a significant disruption of an Auction, it may be cancelled. All participants to this Auction will be refunded their Oopads used. The Company reserves the right to block accounts of Users who disrupt Auctions by using a disproportionate amount of Oopads relative to the price of the item. Specifically, but not limited to, the Company can intervene when a User spends more Oopads on an Oopad pack than the actual value of the Oopad pack. In the same sense, the Company can intervene when a User uses the Services in the same circumstances for item Auctions, which in turn may consequently lead to the User being deprived from recovery rights (from 50% or 25%) even when ranked among the top bidders.
19.7 In the event that an Auction is won by a User that has committed fraud (hereafter referred to as “frauder”), the Auction may be cancelled. If the final price is less than 5% of the Public Price, then the Auction item will be attributed to the last User having bid non-fraudulently. If this User refuses the Auction item will be attributed to the next User in the ranking. All Users that have proceeded to an Immediate Purchase by Recovery or by Deduction will be excluded from this process.
19.8 The Company commits, through its bid history observations by bailiff, to indicate all reasons for cancellation.
19.9 The Company reserves the right to request any justification to a User whose activity is suspicious, specifically, but not limited to, an important amount of transactions performed in a short time period, or transactions of high value. In the event that a User who has won an Auction refuses to provide the requested justification within 30 days of the first justification request, the company will suggest the item to the second-highest bidder. If he/she refuses, the Company will suggest the item to the next ranked User. If no User accepts the item during the one (1) year following the Auction, the Auction will thus be cancelled. In the event that a User who has proceeded in an Immediate Purchase refuses to provide the requested documentation within the first 30 days, the rights for the Immediate Purchase will be immediately revoked and cancelled, and the User will not be eligible to receive a refund of Oopads used for this sale.
ARTICLE 20 – SHIPPING AND DELIVERY
20.1 The items acquired by the Users will be delivered in the following countries: Metropolitan France, Germany, Austria, Belgium, Switzerland, Luxembourg, Portugal, Spain, and the United Kingdom. The maximum delay is ninety days (90) to the address indicated by the User during the order process on the Website. Except in particular cases or lack of availability, the item(s) will be delivered simultaneously.
20.2 The Company commits to put in much effort to deliver the items ordered by the Users within the predetermined delay. However, this delay is for information purposes only. If the order is not received within the delay, there will be no compensation for damage and interest, no retention or cancellation of the order by the User. However, if the items ordered are not received within the delay of one hundred and eighty (180) days after the date indicated for delivery, for any reason other than force majeure, the issue may be resolved by the User or Company. The amounts paid by the User will be refunded immediately.
Delivery is deemed done when the items ordered are handed to the carrier.
20.3 In the event of a particular request from a User concerning the handling of the ordered items, the Company will first accept the request through letter and will then charge any added fees involved with this request, if applicable. The fees will be indicated to the User beforehand.
20.4 It is recommended that the User verifies the state of the delivered items. The User has a seven-day delay to make any claim regarding the delivered item and its condition, with all necessary justification. After this delay, the Company will deem the items acceptable.
The Company will replace the delivered items, at no cost to the User, once the User shows the defect or negative condition of the item, with the necessary justification.
20.5 Once an item is delivered to the User, the User receives an email indicating the delivery has been completed. This message indicates that the User must warn the Company if the item is not received within 15 days in order for the Company to have time to resolve the issues relating to delivery delays. In the event that a User does not inform the Company within 30 days following the email received, the User cannot hold the Company responsible for non-delivery of an ordered item, nor can he/she request another item or a refund.
ARTICLE 21 – RIGHT OF RETRACTATION
21.1 The User has, in accordance to law L 121-20 from the Consumer Code (France), a delay of 7 business days following the delivery to retract. The User may return the items for an exchange or refund, on the condition that they are returned in their original packaging and in a perfect condition within the seven (7) days following delivery. The damaged items, dirty or incomplete, will not be taken back.
21.2 The fees involved with returning the item are to be covered by the User.
21.3 The return of the items must be accompanied by a return voucher and the bill.
The exchange (subject to availability) or refund will be provided within a delay of thirty (30) days following the delivery of the item back to the Company.
ARTICLE 22 – COMPANY RESPONSIBILITY
22.1 The items sold by the Company hold, on the basis of legal regulation, a compliance warranty, a legal warranty against hidden defects concerning conception and production rendering these items unsuitable for usage,
and a manufacturer warranty, depending on the manufacturer.
22.2 Any warrant is excluded in the event of mistreatment, negligence, of lack of maintenance from the User, or normal wear from using the product, from an accident or a force majeure. In these cases, the Company is limited to replacing or refunded only items that are non-compliant or contain an issue from the manufacturing process.
22.3 To use his/her rights, the User must inform the Company, by letter, of the existence of any defects or issues within a maximum delay of five (5) days following its discovery.
The Company will replace or fix the items that are covered under the terms of the warranty. The items sold on the website are compliant to law and regulation in France. The responsibility falls in the hands of the User to verify if the item is compliant with legislation in the particular country where the product is being delivered.
22.4 The pictures and illustrations accompanying the items on the website do not have any contractual obligation and cannot engage the Company’s responsibility.
22.5 The Use is responsible for his/her choice of the items, as well as its storage and usage.
22.6 The Company will not be held responsible for any delay due to failure to execute because of a force majeure, as defined by French legislation.
ARTICLE 23 – FINAL PROVISIONS
23.1 If one of the provisions of these General Terms and Conditions are deemed null by a competent tribunal, it will be removed without affecting any other provisions of this document. The remaining provision remains untouched.
23.2 The present General Terms and Conditions link the User and Company through France’s judicial and legal system. You accept to abide by the exclusive expertise of the tribunal of Nanterre in the event of a dispute regarding these Terms and Conditions. Without affecting prior points, the Company may solicit measures from other jurisdictions pertaining to other countries.
23.3 No waiver to a violation, lack of a particular condition, right to recourse contained in or according to this agreement is effective, apart if it is notified in writing and signed by the party that is renouncing to the violation, failure, right or recourse. No renunciation to any other violation, failure, right or recourse will be considered as a renunciation of another violation, failure, right or recourse, similar or not, and no renunciation will constitute a permanent renunciation, except if informed in writing otherwise. All rights and recourse options are established and detailed in these General Terms and Conditions complete, rather than exclude, all other rights and recourse options pre-established and authorized as per law and regulation.
23.4 Only the French version of this present General Terms and Conditions document constitutes proof or evidence.