Use of this Web site constitutes acceptance of the Phonecards Auctions Terms & Conditions. You accept and agree to be bound by the Terms & Conditions, operating rules and/or policies of Phonecards Auctions as described below and including also FAQ and all other pages in Help section, that may be accessed by Help Index.|
Qualifications for Registration
When you register for Phonecards Auctions, you must provide accurate personal information. All required fields must be completed
accurately with information that will allow other users and Phonecards Auctions to contact you. You may not register multiple times; instead, edit your original registration to update your personal information. If you have trouble accessing your original registration, please contact Administration.
All registrations are manually reviewed and will be deleted without any advice if the information supplied will be discovered fake or incomplete. Multiple registrations from the same user will cause deletion of all his accounts and the banning from our site.
We are very serious here at this auction in presenting you a pleasant and safe venue for buying and selling items online. We will not tolerate any sort of fraud, scamming, or illegal activity of any sort in this auction or on this web site. Persons engaging in such will be terminated from this auction and may be subject to both criminal and civil prosecution. Below are the legalities we are required to state and which you agree to abide by when registering to bid or sell in this auction:
Article 1. Eligibility of membership - This auction site is only available to people who are legally able to form binding contracts as the seller/buyer of an auction item. People who are of under the age of 18 are not eligible for membership. Members of the same family, or people sharing the same internet connection are allowed to register only one time. If you do not meet these requirements, you are not eligible to use these auction services.
Your registration data must be complete and real, all required fields must be filled carefully in full. Phonecards Auctions has the right to verify your registration and you agree in supplying us proofs of your identity if required. We also have the right to terminate your account without any advice if any irregularity is found.
Article 2. Phonecards Auctions is not an Auctioneer. Although we are commonly referred to as an online auction web site, it is important to realize that we are not a traditional "auctioneer." We are only providing services to people interested in selling and buying merchandise via internet auction. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction. We are not responsible for the actions the sellers/buyers take before, during, and after the auction, typographical errors, misprints, loss of merchandise/money, damage or failure of equipment, due to your visit to this auction site. Use of this site is at your own risk, and content is presented 'As-Is'.
Article 3. Bidding and Selling: As a user, you may bid and/or sell merchandise via this auction. As a bidder, you know that placing a bid is a binding contract between you and the seller, and the bid cannot be retracted except in exceptional circumstances such as the seller materially changes the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity, or you discover that the seller is offering fake or irregular items. Once you place a bid, and if you win, you will be obligated to buy the product at the said price you indicated as your bid. Placing a bid on this auction site, and winning, then not paying for the product is illegal in most states, and prosecution can result to you. As a seller, the item that you place up for bids must be real. Once a bid has been placed for your item, you are being placed in a binding contract with the potential buyer of the product, if that bid shall be the highest bid. After a bid has been placed, you cannot delete or interrupt your auction anymore. Once the auction is over, if over reserve price, you are obligated to sell to the potential buyer which is the highest bidder in your auction. If reserve price was not met, you are not obligated in any way to sell this item at all. As a seller, you are not in any way to bid on your own items or to encourage a friend to bid on it with the purpose to raise bids. If reported, your auction will be deleted.
Article 4. Posting Items - As a user, you are welcome to post items up for sale in the auction. We do have restrictions on what items you may sell, and what you may not sell. You may not sell illegal merchandise, including pirated software and music, firearms, adult videos, or anything that is affiliated with pornography, etc. You may not sell internet services or other services not related with collectible items. You may not sell the so-called "fake" phonecards, meaning plastic or cardboard cards that are not real and working phonecards, unless you post them in "Other Cards" category, specifying clearly what they are. If you are unsure if a phonecard is real or not, you may ask to the Forum Community before posting it, or express your doubts in auction description. Items that are posted for bids are subject to review by the staff, and may be removed without prior notice, if in violation of the User Agreement.
Article 5. Charges - Posting an item up for bid, bidding on an item, and registering are free on this server. Do not abuse this privilege. However, fees are due for using optional premium services and a percentage is charged on final price of item only if it has been sold. A statement of our current fee structure and credit policy is available for view at our Fees Page, and is incorporated herein by this reference. Please note that all fees are quoted in United States Dollars.
Article 6. Privacy - We gather your information so that other people will have it on hand when they win your auction, or you win their auction. Personal information is not sold, rented, without your permission. Personal information sent to a user regarding a product bought or sold on the auction is not to be used for any other purpose, except for communication with the auction item. While we guarantee that all your personal data are stored in a secure area, we are not responsible for any possible consequential damage in the event that some data could be lost, stolen, or hacked.
Article 7. Buying and Selling Outside of Phonecards Auctions - Buying and selling outside of Phonecards Auctions based on information obtained from Phonecards Auctions listings or bidding activity is against Phonecards Auctions policy. These activities are often incorrectly perceived as Phonecards Auctions transactions. However, members who participate in them do not have access services such as Feedback or assistance. This may result in issues that degrade the member experience and trust in Phonecards Auctions. These transactions also constitute fee avoidance.
If you encounter a situation where you are offered an opportunity to buy or sell an item based on information obtained from Phonecards Auctions, please be informed that completing such a transaction is against our policy and would cause immediate suspension of your account.
Article 8. Warranty: We provide this website in an 'as-is' condition, without a warranty or condition. We are not liable for any damages resulting in an auction, or your visit to the site.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
Suspension or Termination
Here are some things that will get you suspended, terminated, and/or prosecuted, immediately and without notice.
You may not, under any circumstances:
- Giving us false or incomplete information when registering, such as a false name or fraudulent contact information;
- Disclose personally identifiable information about another user to any third party without Phonecards Auctions' prior written consent and the prior consent of such other user after adequate disclosure;
- Email bidders in a currently open auction being run by a different seller, offering similar or the same item as in that open auction;
- Collect e-mail addresses or Usernames of other users from Phonecards Auctions' site in an automated way;
- Add a Phonecards Auctions user - even a user who has purchased an auction item from you - to your mail list (email or physical mail) without their express consent after adequate disclosure;
- Email a seller to ask that an item be sold outside of the auction process; or email bidders to ask them to purchase items outside of the auction process.
We are against Spam and we respect the privacy of our users. We do not use "cookies" or any other method to gather information about other than legitimate registration. We use your e-mail address for contacting buyers or sellers only. Any use of this private information by anyone else is strictly prohibited and we WILL take action.
- Don't bid unless you intend to buy. Don't offer an item unless you intend to follow though with the winning bidder. For a buyer or seller not to honor an auction bid is illegal in many states.
- Don't list items in inappropriate categories just to get additional exposure or for any other reason. Violators of this policy are subject to suspension or termination. If you have something that does not fit any of our categories, please e-mail us at the address below and request that category be added to the auction.
- No sellers can bid on their own products, neither with his real alias nor with fake ones, or can arrange to have a bid placed by another user, to artificially raise the selling price. However, if you made a legitimate mistake and started the item too low (and no one has bid on it yet) you may delete your auction and re-post it. You can also add some comments in the description.
- Any one attempting to compromise the safety, security, data integrity, service, or any other fact of this auction will be suspended or terminated and WILL face possible legal action. We've worked hard to present this auction opportunity for you and will not allow one or two to ruin it for the many.
- Any one attempting to post illegal merchandise, including pirated software and music, firearms, adult videos, any item in any way infringing on a legitimate copyright, or anything that is affiliated with pornography, etc. will be suspended or terminated. Links within your auctions to sites violating the above are included. Items that are posted for bids are subject to review by the staff, and may be removed without prior notice, if in violation of the User Agreement. Then the person posting them is in trouble with us!
Conditions of Service
- This auction acts only in providing a place for buyers and sellers to buy and sell approved items. We have no control over quality, usability, legality, and anything else, of the items put up here for auction. In other words, we provide this website in an 'as-is' condition, without a warranty or condition. We are not liable for any damages resulting in an auction, or your visit to the site. We are not responsible nor liable for any damages caused or alleged to be caused directly, indirectly, incidentally, or consequentially by anything on or related to this auction site.
- We cannot and will not get involved in disputes between users. In the case that you have such a dispute, by registering on this site, you are releasing this auction and its agents, employees, and assignees, and any affiliated companies or individuals from any claims , suspected and unsuspected, whether disclosed or undisclosed, arising out of, or in any way connected to, any disputes. We suggest and expect that users will employ common good business practices and personal courtesy to avoid disputes. If another user has a complaint with you, please establish a polite dialog with him or her to resolve the dispute to mutual satisfaction. Above all, when buying something from someone--whether on the internet or anywhere else--your best protection to be an informed buyer. In Latin: Caveat Emptor! The age-old warning of Buyer Beware!
- We cannot, and will not, be held responsible for any interruption in service, caused by any means, therefore we cannot guarantee continual, uninterrupted service as our website could be interfered with by means out of our control.
- The use of a trademark or service mark in your auctions should be capitalized and indication as such. Since we have no control over posting, the use of any trademark or service mark in this auction, proper or improper, cannot and should not be construed as affecting the validity of that trademark or service mark.
- We reserve the right to remove anyone from this auction at any time for any reason we deem sufficient and without explanation required.
- We will tolerate no violations of law or regulations by any actions, especially those that are libelous, threatening, harassing, or obscene.
The feedback system depends upon its proper use. Accordingly, feedback must be reliable and trustworthy; otherwise the entire feedback system suffers. You may not undermine the feedback system's integrity in any way, including:
Feedback ratings are strictly designed for the purpose of facilitating transactions between Phonecards Auctions users. Phonecards Auctions retains all copyright to the collection of information on our site, and you are prohibited from marketing or promoting your Phonecards Auctions feedback rating in any venue other than Phonecards Auctions. You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by Phonecards Auctions, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating trading between Phonecards Auctions users, you agree that you shall not market or export your Phonecards Auctions feedback rating in any venue other than a Phonecards Auctions operated website.
- leaving positive feedback for yourself using secondary User IDs or third parties;
- leaving negative feedback for other users using secondary accounts or third parties;
- leaving negative feedback if a user fails to perform some action that is outside the scope of the auction;
- placing a bid or arranging to have a bid placed on another user's auction solely for the purpose of enabling you to leave feedback about that user; or
- placing a bid or arranging to have a bid placed on your auction solely for the purpose of enabling positive feedback to be left about you.
If you get 4 negative feedbacks from 4 different users, your membership may be suspended, and you may be unable to list or bid.
We do not provide you the technical ability to import feedback from other (non-Phonecards Auctions operated) websites to Phonecards Auctions because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
Payment of Commission to Phonecards Auctions
Each Seller in a transaction for which a Winning Bid notice is issued shall pay Phonecards Auctions the agreed upon commission based on the final sales price for the item in question. Final Fee commissions are registered in Seller's personal account together with any other fee due for Premium Services, if any. You pay fees for the use of the service, so you will be charged a final fee whether or not you consummate the sale with the buyer. You can ask for a refund of the final fees only in the case that both you and Phonecards Auctions are unable to contact the buyer and/or to check his identity. Premium services and promotional features fees are never refundable. See FAQ for further information.
Total amount due shall be paid to Phonecards Auctions within thirty (30) days of invoicing by Phonecards Auctions. You are responsible to pay any amount due in time, whether or not you receive the email invoice. You may check your account status at any time. Late fees may be applied, and your account may be suspended for non-payment. In case of suspension of your account for non-payment, we reserve the right to disclose your personal data in our Collectors Forum or any other page, in order to warn other users.
PA Money Transfer
An utility for fast payments between members, named "PA Money Transfer", is available in this site only to registered users. Funds can be virtually transfered from an account to another in a safe and easy way, only if sender's account contains a positive amount, or if the sender has a valid credit card stored on file for automated monthly billing. However, money transferred on an account cannot be withdrawn but only used inside Phonecards Auctions. We reserve the right to cancel any transaction already made at any moment if a legitimate doubt exists that sender's account or credit card could be not regular or if we are unable to get the correspondent refund by the sender. We are never responsible nor liable for any damages caused or alleged to be caused directly, indirectly, incidentally, or consequentially by the use of our PA Money Transfer utility. Accepting to receive a payment through PA Money Transfer constitutes knownledge and acceptance of this information.
Without limiting other remedies, we may immediately remove your item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you immediately and without notice if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us. In addition, Phonecards Auctions may refuse service of any kind to anyone at any time, in our sole discretion.