1. General / Overview
The following general terms and conditions shall apply to the business relationship between Clovershell Ltd., its internet platform www.qoomia.com ("qoomia" or "We") and our users. By using “qoomia”, the user accepts the following general terms and conditions, as well as the manner in which operate as described on the website www.qoomia.com. Variations or alterations in the following terms and conditions shall only be binding upon “qoomia” if agreed to in writing.
Any special promotions run by “qoomia” shall only be valid if they are announced on “qoomia’s website” or in its corresponding email newsletter. Certain promotions may only be valid for a limited time, and details of any such timings will be announced on the website or in a newsletter. Once the advertised time limit of any such promotion has been reached, or the relevant auction or auctions have ended, the promotion is also finished.
Any bidding advice or other written materials (for instance, ‘Help’ articles) posted on “qoomia” are provided solely as suggestions and are not intended to be relied upon. “qoomia” is not liable or responsible for any actions taken due to a user or other person having read or been told about such advice or other written materials.
We reserve the right to change these general terms and conditions at any time. Any such changes will take effect when they are posted on the website and it is the responsibility of users of the website to read the general terms and conditions on each occasion that they use the website and continued use of the website by users shall signify acceptance to be bound by them.
2. Eligibility to Participate / Registration with “my qoomia” / Disqualification
By using “qoomia”, the user declares that they are legally capable of entering into binding contracts and that they are at least 18 years old.
Employees and relatives of employees of “qoomia” are not eligible to participate in “qoomia” auctions under any circumstances.
“qoomia”’s products and services are offered exclusively to private users and not to commercial or partly-commercial resellers. “qoomia” reserves the right to exclude commercial bidders and bidding collaborators from the participation in the auctions and to close their user accounts at any time.
Each user may register only once using their email address. Additionally, only one user registration per household is permitted. During the registration process, the user must choose a username. The username must not be offensive, be selected to deceive or mis-inform other users, may not offend common decency or infringe upon the rights of third parties. If “qoomia” discovers or receives information of a username which is illegal or in breach of these terms, this username can be amended by “qoomia” without prior notice. The corresponding user password is to be kept secret by the user. User accounts including any Bid accruals on them are non-transferable. The user account may be used only by the user and not by anyone else. Any abuse of the user account, be it to the detriment of third parties or to the detriment of “qoomia”, shall result in the disqualification of the user and the reporting of a crime. In general, the user shall be liable for all activities that are undertaken using the user account together with the associated password.
“qoomia” reserves the right to temporarily or permanently disqualify a user, or disable their account. Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our sites and their content, services, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the spirit of our policies. Users will be disqualified when in the reasonable opinion of “qoomia”, a member 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 “qoomia”. Examples of such unauthorised usage include (but are not limited to) non-payment of Bids, use of unauthorised third-party bidding software or set up of multiple user accounts by the same individual. In case of a breach of these terms by a user, “qoomia” reserves the right to withhold deliveries or refunds for Bids. “qoomia” also reserves the right to make a reasonable administration charge deductible for unused Bids at its discretion.
Furthermore, “qoomia” reserves the right to limit the number of auctions a user may participate in or win at its own discretion.
3. Bid Purchasing for Online Bidding / Payment
Bidding rights, so-called “Bids”, must be purchased and paid for by users prior to online bidding. Bids can be purchased in packages (so-called “BidPacks”) at the currently applicable prices, which can be viewed in “my qoomia” under “Buy Bids”. Payment can be made by credit/debit card or via payment agents such as 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. “qoomia” 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 and payouts until payment is received in full.
Certain Bids are valid only for a limited time. Upon expiration of the time stated, the Bids expire and can no longer be placed. Bids are not eligible for a refund. Bids received as compensation or Bids already placed in an auction and expired Bids are also not refundable.
DalPay Retail is the authorized retailer of products and services supplied by Qoomia.
DalPay accepts Visa, Delta, MasterCard, Maestro, JCB and American Express credit and debit cards.
dalpay.is +18778657746 will appear on your card statement.
The way users can bid in as further described under bidding in the “Help” section. Bids can be placed by clicking on the relevant “Bid” buttons. Once a bid is placed, it is deducted from the user’s Bid account.
The user is prohibited from using bidding software not authorised by “qoomia”, and doing so will result in immediate disqualification and non-delivery of any items won (see clause 2: Eligibility and the acceptable use policy).
5. How the Auctions Work / Swoop it Now
With each bid placed, the price of the item on which the user is bidding increases by the amount specified (for instance by 10c or 1c during special auctions). A bid submitted by the user constitutes an offer from that user to “qoomia” to enter into a binding contract to purchase the item. A contract to purchase the item does not come into effect until the auction is finished and the last bidder has followed all the steps in clause number 6.
Each new bid resets the ‘remaining time’ for an auction up to, but not above, the displayed countdown reset value displayed in the small clock face next to the auction timer (usually, 10, 15 or 20 seconds). For more information, please consult the ‘Help’ section. The auction ends when the remaining time reaches zero. The user who was the last to bid then wins the auction. All other Bids on the item expire and will not be refunded. The last bidder is determined based on the records in “qoomia”’s database and “qoomia”'s decision regarding who is the last bidder shall be final (save in the case of manifest error).
“qoomia” will accept an order from a user only once “qoomia” has despatched the relevant products. If for any reason, “qoomia” cannot accept an order we will attempt to contact users either by email or by telephone as quickly as possible,
Users acknowledge that all information contained on the “qoomia” website and in all advertising and other materials constitute an invitation to treat to them. This information does not constitute an offer by “qoomia” to supply any product to you.
6. Payment for successful Bids
After an auction has ended, the last bidder (“winner”) must go to “My qoomia”. Here, information such as total price (including VAT and shipping costs) and payment options will be displayed. The user must actively confirm and pay the total price (end price plus shipping costs) for the win by following the steps indicated on that page or elsewhere on the website. Once the winner has clicked on the confirmation button they have made a bidding offer to pay the price. A user should confirm the auction win and pay the total price within 7 days. If an auction win has not been confirmed and paid within 21 days of the auction end date, unless there are exceptional circumstances “qoomia” reserves the right to not to accept the offer to conclude a contract and the winner’s right to pay for and receive delivery of an item will be permanently revoked. In this instance, the Bids placed 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 winner will receive a confirmation e-mail.
“qoomia” is allowed to charge wins against bids.
The item will not be sent to the user until the total price has been paid to “qoomia” and the winner acknowledges that there is no binding contract between the winner and “qoomia” until “qoomia” has despatched the item. A similar requirement for delivery is that all Bids purchased and used by the user have been properly paid for. Should Bids that have already been purchased and used not have been paid for, payments received shall be viewed as payment toward the Bids not yet paid for, and we reserve the right to retain the item purchased at auction until all Bids and the total price have been paid for in full.
An invoice containing the auction price and shipping costs will be sent to the user by “qoomia” once delivery has been arranged.
7. Returns and Cancellations
“qoomia” grants winners the right to cancel an order. This right is unconditional and begins from the moment the contract is concluded. If a user cancels a contract to which the cancellation provisions apply they are entitled to a refund of the auction end price they have paid in relation to the contract even if the goods are not defective in any way. These cancellation rights end fourteen days after the day on which a winner received the goods
If a user wishes to cancel the contract, they must inform “qoomia” in writing (by letter or email), that they want to cancel within the time period noted above. Cancellations by phone will not be accepted.
The following contact details must be used:
Emmanouel Roides Street, Kirzis Center, Block D, Office D25
In order to complete a valid cancellation or return, a user must return the received product or products in good condition, such as might be expected from a typical 'display item' in a retail store. Costs of postage for returns will be met by the user (unless goods are found to be faulty). If the user is unable to return the service or product received or only able to return it in part or only in a depreciated condition, he will have to pay compensation to us the amount refundable will be reduced proportionally, as applicable.
Should “qoomia” incur additional costs for insufficient postage on the return or for courier shipments and other irregular shipping methods that are over and above postal shipping costs, these costs will be deducted from any payment made by the customer. sets/boxes can only be returned in their entirety.
Unless otherwise stated, delivery will be made directly from our suppliers or from our warehouse to the address provided by the user. Delivery times vary and any delivery time indicated is provided only as a guide and is not guaranteed. “qoomia” shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport is to be reported to “qoomia” upon taking delivery.
The standard delivery time is 4 days excluding weekends and public holidays.
Should “qoomia” not be able to deliver the item ordered, “qoomia” shall be entitled to substitute the item with a comparable replacement product with the similar or better features, or provide a refund if this is the user’s preference. The user’s statutory rights are not affected.
9. Offsetting / Withholding Payment / Retention of Title
The user shall only have the right to reduce any sums that they may owe to “qoomia” if he or she has a claim against “qoomia” that “qoomia” does not dispute.
The user is not entitled by reason of any alleged minor defect to withhold more than a proportionate amount of the sum due.
The item delivered shall remain “qoomia”’s property until payment is received in full of the total price, including for the Bids used in the auction. Until such time as payment has been made in full the user undertakes to store the item separately from their other possessions.
10. Damages / Reimbursement of Expenses / Limits on Liability
These general terms and conditions set out the full extent of “qoomia”’s obligations” and liabilities in respect of the supply of the services and supply of any products to users. Save as set out below at the end of this paragraph 10, there are no warranties, conditions or other terms that are binding on “qoomia” with regard to the supply of products or the provision of services. All warranties, conditions and other terms arising out of or in connection with the supply of products and/or the provision of services which might otherwise be implied into or incorporated any contract between “qoomia” and users (including without limitation any implied terms as to quality, fitness for purpose, or reasonable case and skill) are expressly excluded to the maximum extent permitted by law. In particular, “qoomia” undertakes no responsibility for ensuring that any products that users may purchase are suitable for users’ purposes.
Users acknowledge that save as provided for below “qoomia”’s sole obligation under these general terms and conditions is to refund the amount actually paid by users in respect of any products which they have offered to purchase or for which they have made successful Bids. But this limitation does not affect users’ statutory rights as consumers nor users’ rights to return the products as provided for in clause 7.
“qoomia” 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 “qoomia” is advised in advance of the possibility of any such losses or damages.
In particular, “qoomia” shall not be liable for any of the errors provided for in clause 5, faulty operation of telephones or computers during bid placement and for incorrect or overly slow transmission of bidding data by the telephone or internet provider (including but not limited to those specified in condition 12 below). Should such an event occur, the bidder shall have no legal right to the purchase or receipt of an item.
“qoomia” 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; and
the user’s negligence or any failure to follow “qoomia”’s instructions as to placing of the Bids.
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 “qoomia”.
Save in relation to the circumstances outlined in the second paragraph of this clause 10, “qoomia”’s total liability” in contract, tort (including negligence), misrepresentation or otherwise in relation to these general terms and conditions shall be limited to $50,000.
Items offered for auction are provided as fit for purpose. If goods develop a fault within six months of being sold, the goods may be returned for a refund or replacement at “qoomia”’s expense.
“qoomia” will take all reasonable care to ensure that details, descriptions and prices of products which are featured on its website are correct at the time when the relevant information was entered onto the system. “qoomia” shall use its reasonable endeavours to keep the website as up to date and accurate as possible but can offer no guarantees that the information including prices and descriptions of products on the website is accurate when a user visits the website and/or Bids for products.
Images of products may differ from the original.
12. System Outage / Circumstances beyond our reasonable control
A system outage has occurred if no Bids can be submitted for items due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily halted and the remaining times for the auctions, the current bidding price and the current highest bidder will be maintained. After the disruption has been resolved, the auctions will be continued and a minimum of 10 minutes will be added to the remaining times for the auctions. Temporarily halted auctions are clearly indicated. Bidders who are bidding on temporarily halted auctions shall have no right to a refund for Bids 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) and upload material onto or process such material on the website completely without errors, or to rule out any unpredictable events in connection with the internet (hereinafter referred to collectively as “technical faults”). “qoomia”, therefore, provides no guarantee for the constant, uninterrupted and accurate availability of its website and technical systems. In addition, but not subject to, the provisions of clause number 10, “qoomia” shall not be liable for any damage whatsoever incurred by auction users or third parties from using “qoomia”’s services. In particular, “qoomia” shall not be liable for damage that occurs due to Bids submitted by auction users not being received by “qoomia” or not being received promptly or not being considered, as a consequence of technical faults.
13. Applicable Law / Severability Clause
Cyprian law shall apply and shall exclude application of the UN Convention on the International Sale of Goods.
To the extent legally permitted, the place of jurisdiction is the courts of Limassol.
14. Protection of Data: Collection, Processing, and Use of our Customers’ Personal Information
The protection of your data is very important to us.
For more information on the collection, processing, and use of personal data, please read our Data Protection Statement.
15. External Links
Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. Despite conducting 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 expressly distance ourselves from all content of any and all websites linked to the “qoomia” website. We cannot take any responsibility for the content of the data protection and privacy guidelines of third-party websites.
The contract between “qoomia” and users is binding on the parties and on their respective successors and assigns. The user may not transfer, assign, charge or otherwise dispose of any contract formed under these general terms and conditions or any of their rights or obligations without “qoomia”’s prior written consent.
“qoomia” has the right to revise and amend these general terms and conditions from time to time in its absolute discretion but for reasons including but not limited to changes in market conditions affecting “qoomia”’s business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in “qoomia”’s system capabilities. All users will be subject to the policies and terms and conditions in force at the time that they have successfully bid for items listed on the “qoomia” website, unless any change to such policies or terms and conditions is required to be made by law or governmental authority or “qoomia” notifies its users of the changes to such policies or general terms and conditions before “qoomia” sends information relating to dispatch (in which case “qoomia” has the right to assume that all successful winners have accepted the changes to the terms and conditions unless notified to the contrary with 7 working days by the user of the items).
“qoomia” is the owner or licensee of all intellectual property rights on the “qoomia” website and the material published on it. Those works are protected by copyright laws and treaties around the world and all rights relating to the same are reserved. Users may print one copy and may download extracts of pages for personal reference only. Users may not modify any paper or digital copies of any materials printed or downloaded. Users must also not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Users must not use any part of the materials on the “qoomia” website for commercial purposes.
We would like to advise all users to monitor their bidding practices. Buying Bids online at www.qoomia.com frequently or repeatedly can incur high costs. Users should therefore pay attention to their bidding practices.