Terms and conditions

Basic.. summary...

In non-lawyers talk, this website will take no responsability for information put up by people on this website - or any action you take based on such information. You can't hold the phone company responsable for what's said over the phone - same goes for this website regardng information submitted by other users. This website reserves the right to cancel membership immediately for any reason. When you submit pictures or information on this website, you abandon all rights you otherwise exercise over them. No matter what happens, you are never under no curcumstances entitled to any compensation from this website, financial or whatever. If you cannot agree with this, please don't register and consider taking your business somewhere else.

The longer, more detailed disclaimer

A lot of people skips this point - which is kind of a shame because information here explains the rules which apply when you use the website. It also tells you what your rights are, what is forbidden - and what to do in case of doubts. If you do not comply with the rules, you risk being excluded as a member, and in some cases even to be sent to a collection agency or reported to the police. This is worth avoiding, right?

1) Agreement

1.1) Terms of this agreement

This Agreement is a legal document which describes rights for all parties involved - as well as obligations in connection with services provided through this website. It is a condition of signing up for the website service that you have read and understood the agreement. It's free to sign up for the website service, but when you sign up for the website service, you become a member and agree with the terms of this Agreement. You also confirm that you agree with the terms of this agreement each time you use this website service.

Visitors signing up for the website service must also understand that they are subject to this agreement each time they access the website service. You must be at least 18 years old to use this website services and confirm this as you sign up. If you have questions or comments relating to the agreement, you are always welcome to make contact by e-mail.

1.2) Entire Agreement

This agreement includes :

• 1)rules governing the different types of trades done through use of service on this website
• 2)privacy Policy
• 3)other terms and conditions or rules for the web site, as described in section 2.2 .

These rules constitute the entire agreement between this website and you regarding services and trades, superseding all prior agreements and understandings.

1.3) Changes to this agreement

This website reserves the right to continuously amend to this agreement. Newer versions of terms and conditions will enter immediately into force and be applicable to all transactions and any other activity on or through this website.

If you do not want the new version of the agreement shall apply to you, please stop using services on this website.

1.4) Work and applicable law

• 1) This website currently operate from Denmark. But this can change in the future.
• 2) This Agreement and all transactions are subject to laws in the country, where the website operates - and all transactions are considered to be implemented in that country.
• 3) You and this website are both subject to the Danish courts non-exclusive jurisdiction in relation to disputes arising in connection with this Agreement or a trade.

1.5) Your e-mail address

It is esential that you ensure that you ensure having full access to the email address registered in your name. This e-mail address is used to send you important information, including your invoices. If you change your e-mail address, please update it in your website profile.

2) other services

2.1) Services across national boundaries

Every time you use website service directed against another country, you should be aware that you will be subject not only to terms and conditions applicable for this website service in the currently country, but also to law and practice in the other country. You are obliged to fully understand all law and practiced in the other country before doing any business there. You should be fully aware that there can be large differences in the effects can be legally bought and sold in different countries.

By using website service directed against another country, you will simultaneously agree to follow terms and conditions applicable in that country. If you have any questions regarding the terms and conditions applicable to services that are directed against other countries, please contact the ministry for commerce in that country or seek juridical assistance from a lawyer.

2.2) Additional Services

This website may continuously offer you and other members benefits, which may not be directly connected to a trade. Your use of these and other services may be subject to additional terms, conditions or rules for applicability that you must meet. Failure to comply with terms or rules will be considered a breach of this agreement and can terminate membership rights.

3 registration

3.1) Registration

You agree to sign up to this website with your juridical authentic name, address and any other specific information you requested for mebership. Should you at any point register by entering your social security number you agree that the website can continuously update your name(s) and adresss information. In connection with a proposed trade you may use a credit, debit or store cards. In this connection, you must ensure that you are juridically exrecise full right over the card both at the time, when you enter the requested information and when you try to use it. Furthermore you are obliged to ensure there are sufficient funds on the card to cover all charges to cover your trade activities.

3.1.1) Registration as a private or commercial company (business) member

When you sign up for services, you must specify whether you want to register as a private or commercial company member.

You are considered to be a commercial company member, when you sell for more than 50,000 DKK per 12 consecutive months, or if you sell items intentionally purchased for resale and profit. If doing so in Denmark, you are required to CVR register with the Danish Commerce and Companies Agency and register the VAT number to this website. This website reserves the right at any time to change your status from private to commercial company member, without notice.

Both private and business members are obligated to comply with the Consumer Contracts and Sale of Goods Act, including rule of 14 day return for buyers, where this apply for countries involved. This means that you as a member who buys, has the right to cancel your purchase up to 14 days after you received your item, if this apply in your country. This may also apply when picking up your item and pay cash.

3.2) other conditions

In order to enter into a transaction you must be legally entitled to enter into agreements for the purchase or sale of the goods.

4) Personal data and privacy policy

4.1) Use of Personal Data

This website collect and use, contact and payment information that you have registered with us, in accordance with our Privacy Policy (see below). We use this information to improve our website and enhance our service.

4.2) Privacy Policy

By agreeing to terms and conditions here, you also agree to the practice used to handle your personal data. This website will only share your personal information with buyers and sellers, who you decide to business with though interacting in auctions. This website will not use your personal information for other purposes or disclose it to any other person unless you have given your express consent to do it, either during registration or at a later date. Additionally, this website disclose your information if we are either required to do so by law or in response to a valid request from a law enforcement or governmental authority. As a result of the WWW (World Wide Web) nature, all information put up on the website will of course be available to all internet users, also outside Denmark.

4.3) Member discretion

You agree not to make use of information on other members, which can be accessed using service at this website, or obtained from this website through other members (including, but not limited to the use of members email addresses spam or harassment).

5) Trades and trade rules

5.1) Trading Rules

At this website you have the opportunity to participate in transactions subject to our trade rules.

Trade rules describe how you can participate in trades and what guidelines exist in relation thereto. You are required to make sure that you understand the way in which traffickers operate at this website before participating in a trade. As this website services changed, rules may change accordingly, both with regard to adding (or removing) commercial transcation types and to change the way the trades carried out (auctions, stores, buy-now, offers-made, offering of services, etc). You should always keep up-to-date with trade rules on this website.

6 General trade rules

6.1) relevant content

If you are selling on this website, you are obligated to restrict the content of the information indicated in the description or otherwise , solely to the commercial theme and not irrelevant topics . This also applies to responses to questions from bidders.

This means that such information , for example, should not be used as means of communication to one or more of the other members and should not be used generally to advertise or promote your other products or services not covered by the deal. If you are in the description insert a hypertext link to another site , the linked site comply with this requirement of relevance, but you recognize in any case , we are entitled to remove or require such links removed. If you insert hypertext link to a site that does not meet this requirement of relevance , this constitutes a breach of this Agreement.

6.2) Traveller rating

The rating system allows you to comment on the service you have received from other members in the trades. You can only give marks to the members that you have actually sold goods or services to or have purchased goods or services from. All such information must be accurate and fair and must comply with the requirements set out in clause 6.5.

6.3) Seller's complete property

When you insert any object ( product or service) in a listing , you represent and warrant that you are legally entitled to transfer ownership of the goods or service to the buyer.

6.4) The accuracy of quotations

You must accurately describe goods or services stated on the listing at this website. You as seller are alone responsible for any errors or omissions in your descriptions. Brand names or other indications of origin or make, that you take with your listing must be completely accurate and must not mislead members.

6.5) Prohibition

As a seller , you are responsible to ensure that neither the sale of products or services , the listing you include them , or any activity or communication (including submission of a Member assessment ) that you make in connection with any trade

• a) would infringe intellectual property rights or other rights of any natural or legal person
• b) be a breach of applicable law, whether criminal, tortious or otherwise
• c) be offensive , threatening, linguistically abusive, offensive , defamatory, obscene, pornographic , false, unreliable or misleading .

6.6) illegal items

As an extension of Clause 6.5 (but without limiting the content of this provision), you must not put up for sale, buy or sell products or services listed on this website's list of illegal goods and services. The list will be continuously updated - be sure to keep an eye on it.

6.7) Proper use of categories

You can only put items up for sale at this website under a suitable category, naturally fitting the type of product. Listing in the wrong category constitutes a breach of this Agreement.

6.8) Seller's terms and conditions

As a seller on this website you are required to inform any actual or potential buyers about all the contractual terms and conditions that are relevant to the transaction , including information and cancellation warranty.

6.8.1) Returns

As a seller (whether you are registered as private or corporate member) at this website, you will mostly have to make withdrawal to your buyers , and you are required to comply with the Consumer Contracts Act consumer protection rules for canceling and warranty. Additionally, you must disclose any right of withdrawal in the description , and also in writing inform the buyer of any right of withdrawal when you contact them after the auction has ended . Finally, your information comply with the requirements of the Ministry of Justice Order No. 972 of 24 September 2004. See more about the period of www.retsinfo.dk .

6.9) Intellectual property rights

As a member of this website you acknowledge that all copyright, trademarks and other intellectual property rights in and to the this website service is owned by website owners (or related companies). You may only use these intellectual property rights or this website services to the extent necessary to make quotations, make deals and conduct other activities allowed, as covered by this agreement.

This website reserves the right to use users' uploaded photos in connection with promotion of this website and possible other acitities.

6.10) Right of Withdrawal

This website offers the service for sellers to advertise their listings. We do this immediately upon receipt of a listing that is set up according to our requirements. You must accept this, and that you do not have the right to cancel the listing when prohibited by national laws according to Act on consumer contracts or other legislation.

Buyers in Denmark may in some cases have withdrawal. See more at www.forbrug.dk

6.11) Buying and selling via mobile apps

This website may provide its members with access to services and content ia mobile devices as well as provide the opportunity to tender and conclusion of trade agreements through these mobile devices. This website reserves the right to exclude certain content and services.

This website may offer its members selected solutions through mobile devices (eg iPhone Apps). The use of these applications fall under the consent to a separate license agreement.

This website reserves the right to technical edit, modify and customize offers and content of a listing of a product or service, so they can be displayed on mobile devices.

As a member you acknowledge and agree that the presentation of prices of goods and services via mobile devices may differ from the description on this website.

As a member , you agree that bids submitted by a mobile device to be binding in the same way as was the tender submitted by this website. See trade rules section 2.

7) fees

7.1) Fees

• 1) As a seller you agree to pay charges for any extra services requested from this website, including but not limited to special quotations exposure (if you want such exposure). Details on charges is contained/referred to in the trade rules. As a seller, you acknowledge and agree also that this website is entitled to change the amount or fee basis continuously.
• 2) There will in no case be reimbursement of fees paid by the seller. Fees paid will be always by considered as payment for services, which by nature cannot be returned.
• 3) We are continuously adding new or additional services that result in the payment of fees - either to this website or to a named third party - on terms which will be specified when such services are available.
• 4) If a seller does not pay debt to this website on time, membership may be suspended or terminated and denied further access to services ont this website. Additional late payment fees may be demanded before restoring full membership priviledges.

7.2) VAT

Prices of all goods and services are inclusive of VAT (where VAT is mandatory) , unless otherwise specified .

8) Roles

8.1) Disclaimer of seller role

This website will not take any part in trades at this site - except providing a communication medium for trading parthers. This website will never, ever act in the role as a seller. In all instances, this website only provide the technical means available for the initiation or execution of trades. Here we will not in any way try to sell or supply goods or services listed and thus are not subject to any of the legal obligations that apply to those who sells goods or services. This website is not and can not be held responsible for your or other members' behavior or the products or services offered for sale or supply - whether in the case of transactions between individuals or between individuals and businesses.

This website has no control over and is not responsible for the quality, safety or legality of the goods or services in whether the quotations are accurate and correct, whether you as a seller is willing and able to deliver and sell these goods or services, or whether you as a buyer (if you bid), is willing and able to pay for it. This website does not check in advance quotations or the goods or services. Similarly, this website does not control the termination or validity of the transactions. Although it is forbidden, there may be some members who provide information, or otherwise behave in a way that is unreliable, in violation of the law or which otherwise is a breach of the members' obligations under this agreement. You should therefore show an equally high degree of caution in entering into the trades - whether you are selling or buying - as when you enter into similar transactions outside the Internet.

8.2) Lack of access to this website service

We do not guarantee continuous, uninterrupted access to service on this website. You acknowledge that service may occasionally be unavailable, whether planned or accidental, and that we can not be held responsible for non-availability.

8.3) Withdrawal of quotations / trades / services

As a member , you agree that we are entitled, but not obliged to pull a listing or a commercial return , which - based on information that we receive from third parties or other members - appears to be a breach of this agreement. This website also reserves the right to withdraw quotations close a deal early, extend a trade, repeal all or bring the services to the end where we have compelling legal or technical reasons to do so (including technical difficulties affecting this website, or you or a another member has experienced on the Internet ) . Where practicable, we will give you reasonable notice in advance of any such action which this website may make.

8.4) Abuse of service

This website reserves the right to suspend or terminate your account when it appears to us to be in persistent or significant breaches of the provisions of this agreement. This includes, but is not limited to:

• having provided false registration information or otherwise abused services
• we believe that you are not abiding by the general rules of this website
• foul or abusive language
• listed a suspicious item
• appearing to be a non paying bidder
• appearing to be a fradulant seller.

In most cases when we suspect foul play we will suspend your account/listing whilst we investigate further. If our investigation is conclusive then your account with us will be terminated. ), and to suspend or terminate quotations and trades associated with such accounts. If your account is set or canceled, you can not sign up at this website for services again without our prior consent.

Your Conduct.
You are solely responsible for the contents of your actions through this website. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this we mean that you must check that you entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation.
You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation.

Setting or termination of your account and the repeal of the quotations or connected thereto shall act in case your abuse happens without reimbursement of listing fees or charges for other services that are offered by this website and that you paid.

8.5) Review of quotations

This website will occasionally - without being continuously obliged to do so - examine whether items or services are likely to be stolen or sold illegally.

8.6) Fraud warning

Listings contain a comment section where seller may be questioned for the authenticity of items offered. A warning may be left for other users in this way. Possibly later, listings may include a facility to report reasonable grounds to believe that the product / service in the listing may infringe third party intellectual property rights or other applicable law. We encourage you to use this functionality.

9) Disclaimer of responsibility for this website

9.1) Responsability of this website

First and foremost... There are none!

To the extent permitted by law, registered users buying and selling here, must waive this website, its agents and employees from any liability that may arise as a result of or in connection with a listing or a trade, including (but not limited to) all the requirements for quotations pending or closed orders, or goods or services offered for sale or supply, or actually sold or delivered, through or in connection with a listing or a trade that you have created , offered or received.

9.2) Force majeure

This website is not responsible for failure to fulfill our obligations under this Agreement caused by circumstances which this website control, and this website cannot reasonably be expected to anticipate or overcome.

9.3) Disclaimer of maximum liability

Do not under any circumstances use this website if you in any way expect some kind of economic liability greater than 0 DKK from this website. Any kind of liability must always be obtained from the actual parties in a trade, who receives the money.

9.4) DISCLAIMATION - disclaimer of responsability

This website is not liable to you or any third party for any indirect loss or damage or consequential damages for loss of data, profit, revenue or business, regardless of how this might have occurred (whether caused by negligence or breach of this agreement or otherwise).

You are responsible for the use of others' texts, pictures , music and video files, etc. . You hold responsability at all times to comply with applicable national law and uphold intellectual property rights. This website therefore waives its liability for violations of the rights set forth and disseminate any application on this directly to you.

9.5) Compensation

You assume to keep this website harmless against liabilities, claims and expenses that may arise as a result of your breach of this Agreement or by reason of your account at this website.

10) Other provisions

10.1) Assignment

This website reserves the right to assign (in parts or all) our rights and obligations under this agreement to possible subcontracters. If we exercise this right , we need to specify the name of the assignee or subcontractor on the front page of this website and you have the right to immediately terminate this Agreement. You may not, without the written consent of this website transfer or dispose of this Agreement.

10.2) Invalidation of agreement

If any term of this Agreement by decision or order shall be deemed to be invalid or to be unenforceable, the remainder of the Agreement shall remain valid and enforceable.

10.3) Storing the agreement

We do not store copies of the agreements we enter into with you or other members when you join this website service. You can always access your agreement on this page, here at this website. We advise you to print a copy of this agreement and / or save a downloaded copy on your computer.

10.4) Languages of the Agreement

This Agreement is written in English. It applies to all countries, where the services this website is intended be used. You should not use services at this website, if you are having problems understanding this agreement - or reading the listing information for items put up for sale.

11) Termination of membership

11.1) Termination of service

You may at any time terminate your membership by logging in and removing your registrating or sending an e-mail to website owners. In the email, simply enter your user name, date of birth, and indicate that you wish to opt out. Announcement does not absolve you of your obligations as a seller or buyer in relation to ongoing or completed auctions.

12) Trade

12.1) Commitment to transfer of funds

This website will under no circumstances take part in transfer of funde between buyer and seller in a trade transaction. When bidding or putting item up for auction, you respectively accept responsability to accept payment or pay for item traded, according to auction outcome. This website has no role or responsability in this respect. Transfer of funds is handled entirely without interaction with this website. For that reason, this website has absolutely no responsability for the transfer of funds.

12.2) Disclaimer of liability

Experiencing failure to receive goods bought from an auction at this website, you must first contact the seller. If the problem persists, please contact the service through which you made the payment (paypal, VISA, etc.). You also have the option to contact local authorities and request them to take action in case of fraud. This website is not liable for losses caused by unauthorized use of your account and in the event that this website should make any mistakes in the implementation of transactions. You are responsable for selecting a sufficiently strong password and regular security maintenance by changing the password and keeping it secret from others. If your password has become known to others' knowledge, you should immediately change your password. As soon as you suspect that your username is or will be misused, you must notify the owners of this website.

12.3) Buyer's right of cancellation

As stated in http://www.forbrugerombudsmanden.dk/Nettjek/Efter-salget/Kundens-fortrydelsesret, as a private buyer in Denmark, you have 14 days to cancel purchased on the Internet. The right of withdrawal is valid for 14 days after receipt of the goods - and in the case of purchasing a service, withdrawal is possible for 14 days from the agreement. Please contact local authorities in your counties for updated and correct local legal information.

12.3)Standard rules of conduct

• communicate using polite language - and keep comments related to listed product only
• use a lot of communication - don't leave room for misunderstandings
• dont bid yourself on products you put up for auction yourself
• don't give yourself positive ratings from another account under your control - giving false rating impression
• describe listed item truthfully
• don't bid unless you intend to pay
• pay on time
• if somethings goes wrong, notify other trading parties immediately so they have time for making alternative plans

sincerely

gratisauction.com