General overview

The following Terms and Conditions shall apply to the business relationship between Spree4.com (also defined as “www.spree4.com”, “us”, “our”, “we”, “website”) and our users. By using Spree4.com, you (also defined as “participant, “customer”, “user”, “visitor”, “auction winner”) agree to accept the following Terms and Conditions, as well as the modes in which Spree4.com operates as described on the website, www.spree4.com. These term and conditions outlined herein are subject to revision by Spree4.com at any time.

Eligibility to participate

By using Spree4.com, the user declares that they are above the age of 18 and are legally able to enter into binding contracts. Users may only have one account per person and any attempts to create more than one account per person will result in immediate account suspension and/or deletion by Spree4.com. Each user should register using their home postal address (registration using PO Boxes or equivalents is not permitted), and in doing so, agrees that the details submitted are factually correct and do not belong to third parites.

Spree4.com products and services are offered exclusively to private users and not to commercial or partly-commercial resellers. Spree4.com reserves the right to exclude commercial resellers from participation in the auctions and to close their user accounts at any time.

Service

The service provided by Spree4.com is limited to the choice of suppliers and products advertised for sale on the website. Our service includes the supervision and coordination of sales according to auction rules, as described in the “Rules” section herein, and monitoring that the product purchased is delivered to the buyer. In addition, the Spree4.com service incorporates the ongoing management of all aspects of the website and of its web and software parts, as well as the management of all the costs related to equipment, employees, advertising and costs related to the general management of the business. In registering and using the website, users hereby agree and accept that the service described above is reasonable and justifies the customer decision to purchase account credits.

Account username/password and Account disqualification

Upon registering at Spree4.com, each user must select a unique username which will be visible to all other users of Spree4.com. In selecting a username, the customer agrees to refrain from using offensive expressions that intentionally deceive or misinform other users and may not offend common decency or infringe upon the rights of third parties. Spree4.com reserves the right to amend or suspend accounts that are in breach of these terms.

By using Spree4.com, the user agrees to take sole responsibility for the confidentiality of their username and password. Under no circumstances shall Spree4.com or its employees have liability or be liable for improper use of customer usernames and passwords.

Spree4.com reserves the right to temporarily or permanently suspend a user or user account. Users may be disqualified when, in the reasonable opinion of Spree4.com, a user has violated the laws or the rights of third parties. A user will be disqualified if such action will protect the rights of other users, or to prevent unauthorised manipulation or use of Spree4.com. Examples of such unauthorised usage include (but are not limited to) non-payment of account credits, use of unauthorised third-party bidding software or set up of multiple user accounts by the same person. Should a user breach these terms, Spree4.com reserves the right to withhold deliveries or refunds for account credits. Spree4.com also reserves the right to make a reasonable administration charge deductible for unused account credits at its discretion.

Purchase of account credits, payment, free credits and credit refunds

In order to participate in Spree4.com auctions, account credits must be purchased and paid for by users prior to online auction participation. Credits can be purchased in packages at the applicable prices offered within the user account pages at a given time, under “Add credits”.

Payment can be made via PayPal.

Should a payment not be honoured by a user, a returned payment fee will be charged. The user will be responsible for these fees. Spree4.com reserves the right to block access to the user’s account until payment in full of the invoice amount, including any fees due to returned payment etc., and to withhold any outstanding deliveries until payment is received in full.

Users may take advantage of “free credit” giveaways offered by Spree4.com in the form of credits offered for successful referral of friends (“refer a friend” scheme), or credits received from activating free credit prizes via participation in Spree4.com auctions. The number of free credits that a user has can be found by navigating to the “Account history” page. Free credits will be used after the user has fully depleted their standard account credits. Under no circumstances can free credits be reclaimed in the form of payment or compensation. Users may be disqualified or have free credits rescinded when, in the reasonable opinion of Spree4.com, a user has manipulated or taken unfair advantage of these free credit offers. Examples of such unauthorised usage include (but are not limited to) setting up of multiple/bogus accounts to redeem free credits.

If a member wishes to have a certain balance, which has previously been deposited at Spree4.com, repaid in the form of balance on a customer account, the member will be charged an administrative fee of 5% of the full account balance or £20, whichever is higher. This fee covers handling, administrative and international transaction fees between Spree4.com and the member. The member also waives any claim to potential bonus credits in the account that are linked to the amount being paid back, and these bonuses will not be included in calculation of the administrative fee.

Auction participation

Users may participate in any number or all of the ongoing auctions until they are closed. In participating in ongoing auctions, the users must check the price (“Price Check") of the products by using account credits. The cost to participate in Spree4.com auctions are clearly stated on each item’s auction page. Incoming price checks are valid once they are registered at Spree4.com. The price check is not valid at the time when it is sent from the user’s computer. Typically, the price check is registered within one second after it is sent from the user, but in some rare cases, users may experience connection problems with the Internet service provider. These connection problems may result in a delay between the time the price check is submitted by the user and the time it is received by Spree4.com.

Spree4.com will not accept liability for user problems encountered in submitting a price check where internet connection problems are a likely cause.

Product descriptions

Spree4.com is not responsible for the item descriptions on www.spree4.com and descriptions are subject to revision at any time. The market values assigned to items are basic estimates made by Spree4.com, and may differ due to the nature of commerce and natural price fluctuations.

How the auctions work

When users check the price of an ongoing auction, the click cost for this is action is typically 1 credit (value £1.00). In this case, upon receipt of a price check, the item’s current price will fall by £0.30 pence. In this way, users may allow the current price of an item to drop until it reaches zero, although the current price may not go into negative value. When a user checks the price of an item, they have a sixty second time-limit in which to decide whether they would like to purchase the item. During this timeframe, the item becomes locked for the receipt of price checks from other users. If the customer making the initial price check decides not to purchase the item, the item will become available for other users to price check either after expiry of the sixty second time-limit or after the customer making the initial price check actively decides against purchasing the item and returns to the product auction screen.

Acceptance of the win and payment

After deciding to purchase an item, the customer will be sent an invoice via e-mail from where full payment of the item can be made through our trusted payment acceptance method, PayPal. This will also include shipping costs of the item. The auction winner must actively confirm and pay the total price (end price plus shipping costs) for the purchase by following the steps indicated within the e-mail. Once the auction winner has completed these steps the purchase is accepted. If an auction win has not been confirmed and paid within 7 days of the auction end date and unless there are exceptional circumstances, Spree4.com reserves the right to withdraw the offer to conclude a contract and the auction winner’s right to pay for and receive delivery of an item will be permanently revoked. In this instance, the credits used in that auction are non-refundable. The user must pay the total price when confirming the win. After confirming the win and paying the amount due, the auction winner will receive a confirmation e-mail.

The item will not be sent to the user until the total price has been paid to Spree4.com.

Delivery

Items are normally delivered within 10 working days after the invoice has been paid. This period may be up to 28 days for some items and in rare cases, there may be delays from the product manufacturer that prevents Spree4.com from delivering the item to the winner within 28 days. In such cases Spree4.com will notify the customer of the delay and explain the circumstances. All items are delivered by courier, to the address specified in the auction winner’s Spree4.com account.

Warranty, returns and refunds

Products sold by Spree4.com typically come with the manufacturer’s warranty which will vary by manufacturer. Spree4.com will be happy to assist the customer in resolving any issues with defective products, although the Spree4.com does not offer any explicit product warranties. Should the customer find fault with the received item(s), please contact returns@Spree4.com. The customer will then be given the option to return the goods for inspection and the delivery cost for returning the item will be borne by the customer. If the fault of the product is covered by the manufacturer’s warranty, Spree4.com will assist the customer in resolving the issue with the product manufacturer.

An auction winner has the right to cancel a purchase within 14 days, provided that the product is unused and unopened. If the customer wishes to cancel the purchase of an auction item, the customer should contact support@Spree4.com and either send the item to us, or deliver it to a specific address. The customer will then be reimbursed for any amount paid for the item (purchase price paid), less shipping and handling.

Publication of auction winners

Spree4.com has the right to contact the winner after the end of an auction and publish information about the auction winner. All auction winners of items worth £3,000 or more are obliged to submit a picture and full name to Spree4.com for publication on www.spree4.com. In order to provide its members and the public with transparency with regard to auction winners, Spree4.com has the right to forward auction winners’ contact information to relevant media, individuals, and Spree4.com’s certified accounting firm.

System outage and temporarily halted auctions

A system outage has occurred if price checks cannot be submitted or registered for items due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily halted and current prices will be maintained. After the disruption has been resolved, the auctions will be continued from the price achieved immediately prior to the disruption. Temporarily halted auctions will be clearly indicated and customers who attempt to check the price of temporarily halted auctions shall have no right to a refund for credits used or other costs incurred.

With the currently available technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) completely without errors, or to rule out any unpredictable events in connection with the internet (hereinafter referred to collectively as “technical faults”). Spree4.com, therefore, provides no guarantee for the constant and uninterrupted availability of its website and technical systems. In addition, Spree4.com shall not be liable for any damage whatsoever incurred by auction users or third parties from using Spree4.com’s services. In particular, Spree4.com shall not be liable for damage that occurs due to price checks submitted by auction users not being received by Spree4.com or not being received promptly or not being considered, as a consequence of technical faults.

External links

www.spree4.com may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. Although Spree4.com pledges to carry out careful checks, we assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We hereby explicitly distance ourselves from all content of any and all websites linked to www.spree4.com. We cannot take any responsibility for the content of the data protection and privacy guidelines of third-party websites.

Limits of liability

Spree4.com's total liability in contract, tort (including negligence), misrepresentation or otherwise in relation to these General Terms and Conditions shall be limited to £10,000.

Spree4.com shall not be liable for any errors, interruptions, extensions, defects, delays in the operations or in the transmission, lack of communication lines, thefts, destruction or unauthorised access to or alteration of user and or customer communications. Spree4.com shall not be liable for any technical malfunction or problem of any network or telephone line, online computer system, server or provider, computer equipment, software, lack of e-mail or traffic congestion of the internet or any site or combination of these, including tort or damage to user and /or user computers and/or computer of any person, that may arise from taking part or downloading material related to Spree4.com

Spree4.com shall not be liable to the user for:

* any indirect, special or consequential loss or damage; or

* loss of data or other equipment or property; or

* economic loss or damage; or

* incurring of liability for loss or damage of any nature whatsoever suffered by third parties (including in each case incidental and punitive damages); or

* any loss of actual or anticipated profit, interest, revenue, anticipated savings or business or damage to goodwill,

even if Spree4.com is advised in advance of the possibility of any such losses or damages.

Spree4.com shall not be liable for any losses arising from the user’s subsequent use or misuse of the item including (without limitation):

* fair wear and tear;

* willful damage

Spree4.com shall not be liable, for whatever reason, for any loss or damage deriving from the use of the site and/or any content published on the site or communicated to Spree4.com customers by anyone. Spree4.com and their employees cannot guarantee and do not promise that the use of the site will lead to specific results.

Liability for damage arising from loss of life and limb, health, or well-being, as well as that according to product liability shall not be affected. These terms and conditions shall not affect a user’s statutory rights regarding the return of defective goods and claims in respect of losses caused by any negligence on the part of Spree4.com.

Disclaimer

Spree4.com trademarks and the Spree4.com logo, and website texts belong to Spree4.com. All other trademarks belong to their respective owners. You cannot, for any reason, use the intellectual property of Spree4.com and/or reproduce texts, images or any other data published on the Spree4.com website without having received prior written consent from Spree4.com.

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