Terms & conditions
General / Scope - Publication Date: 22nd of September 2011 (Free Shipping)
DealDash.com is providing a facility through which Users can buy products supplied by manufacturers. DealDash is not a product manufacturer, and makes no representations or warranties about the products hosted on its Web Site. Products have a return policy as more fully addressed elsewhere herein. DealDash’s service caters to the buyers and works with the manufacturers or other retailers of products to sell their products. Sellers cannot establish an account with DealDash to independently list their products for sales. DealDash exclusively decides which products to distribute on its Web Site.
The following General Terms & Conditions shall apply exclusively to the business relationship between DealDash, including its internet platform www.DealDash.com (hereinafter: "DealDash"), and its Users in the version of the Terms and Conditions applicable on the date of use. DealDash may change the terms and conditions at any time and they become effective immediately after published on its Web Site. Your continued use of the Web Site constitutes consent to the most recently published terms and conditions. As such, you are encouraged to review the most recent terms and conditions prior to each use. To facilititate that review, DealDash will endeavor, but not guarantee, to specify a publication date on the top of each subsequent release of such terms and conditions.
By participating in DealDash, the User accepts the following terms and conditions, as well as the manner in which DealDash and its “BidBuddies” operate as described on the Web Site www.DealDash.com. DealDash does not recognize any terms and conditions set forth by the User that differ from these terms and conditions, unless DealDash has agreed to their validity in writing.
DealDash will commence supplying its services to User as soon as User accepts this Agreement. Unless User and DealDash agree otherwise, User will not be able to cancel this Agreement under the User Protection (Distance Selling) Regulations 2000, as amended in 2005, (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced.
Any special promotions presented by DealDash shall only be valid if they are announced on DealDash’s Web Site, newsletter or marketing material hosted on www.DealDash.com. Any promotions of a limited duration shall likewise be announced on the Web Site, newsletter or marketing material hosted on www.DealDash.com. Upon expiration of the stated time limit, the promotion terminates.. Moreover, DealDash reserves the right to cancel any promotion at any given time.
Commentary and other materials posted on the DealDash Web Site are not intended to amount to advice on which reliance should be placed. DealDash disclaims to the fullest extent permitted by law all liability and responsibility arising from any reliance placed on such materials by any visitors to the DealDash Web Site or by anyone who may be informed of any of its contents.
These terms and conditions supersede all previous representations, agreements or understandings and shall be the prevailing terms of this agreement.
Use of DealDash constitutes User’s acceptance of these terms and conditions.
Unlimited access does not imply dedicated service.
The target market for this service is the United States of America. All items purchased on this Site must be delivered to the lower 48 states of the United States of America.
For purposes of these Terms & Conditions: “Users” shall refer to the recorded subscribe of the DealDash service, including its Web Site, and “Site” or “Web Site” shall refer to www.DealDash.com
Advisory Note: Due to the billing of charges, DealDash would like to advise all Users to monitor their bidding practices. Repeated online bidding can incur high costs. Users should therefore pay attention to their bidding practices. DealDash also advises all parents to supervise their children’s online activities. DealDash’s Web Site is neither eligible nor suitable for children under the age of 18.
Eligibility to Participate / Registration with DealDash / Disqualification
By registering / bidding at DealDash, the User warrants that they are legally capable of entering into binding contracts and that they are at least 18 years old.
By registering at DealDash, the User warrants and understands that he/she will be added to the DealDash email newsletter, and that they may from time to time receive promotional emails from DealDash. The User may unsubscribe from the newsletter at any time, by simply clicking on the unsubscribe link in the newsletter emails sent to the User, or logging in to the Site and changing their Newsletter settings. DealDash will never sell, rent or give the Users email out to any unaffiliated third party outside the DealDash Group companies without the permission of the User.
User shall not nor shall it permit or assist others to use DealDash’s Site/services for any purpose other than that for which they are intended. User shall not permit or assist others to abuse or fraudulently use the DealDash Site/services, including but not limited to the following:
Ø Obtaining or attempting to obtain service by any fraudulent means or device with intent to avoid payment;
Ø Accessing, altering, or destroying any information of another DealDash User by any fraudulent means or device, or attempting so do so; or
Ø Using Services so as to interfere with the use of DealDash network by other users or authorized Users, intentionally or not; or in violation of the law or in aid of any unlawful act.
User acknowledges that DealDash's network may only be used for lawful purposes. DealDash reserves the right to monitor User's activity. While using DealDash, User agrees to refrain from the following prohibited acts:
Ø Maintaining more than one account or maintaining control or influence over more than one account;
Ø Infringing upon the intellectual property of DealDash, establishing a competing site or otherwise copying or using the data on the Site for any reason other than bidding on products for User’s own use;
Ø Manipulate the bidding process by placing fictitous bids, colluding with other parties to create the illusion of volume (”marking the close” or ”painting the tape”), or engaging in any other disengenous or fradulent activity that undermines the integrity of the online market;
Ø breach DealDash’s policies stated herein;
Ø fail to pay for items purchased;
Ø post false, inaccurate, misleading, defamatory, or libellous content;
Ø transfer User’s DealDash account and user ID to another party without DealDash’s consent;
Ø copy, modify, or distribute rights or content from DealDash’s Site;
Ø Attempt to harvest or otherwise collect information about Users, including email addresses;
Ø Attempt to upload or download any computer virus;
Ø Attempt to transmit via email any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of email solicitation to other Users;
Ø Attempt to communicate with other Users to promote or provide instructional information about illegal activities, promote physical harm or injury against any Users.
Ø View and/or download or upload pornographic pictures or stories.
Ø Attempt to attack other people's internet connections, Web Sites or computers, or damage or deface anyone else's Web Site.
The failure to comply with the foregoing prohibitions can result in termination of the account, as well as the pursuit of civil law remedies and criminal law proceedings.
The User intends to use any product obtained for personal use or to give as a gift to another individual. User may not resell any product or service obtained from DealDash without a written consent from DealDash. Moreover, User may not use the products to create any investment scheme, commodities contract or pool or otherwise to use DealDash as a product delivery mechanism for a brokered or ”middleman” agreement or obligation. If it is discovered that User is, in fact, reselling products obtained from DealDash, DealDash reserves the right to suspend the account of the User without further notice, voiding all auctions the User has participated. Additionally, the User is to compensate DealDash for all caused damages.
User certifies that neither he nor she has been convicted of a violation of any regulation involving either the (i) illegal use of any regulated Internet or telecommunication facilities or illegal distribution, (ii) the investment and securities laws of any jurisdiction, particularly related to ponzi schemes, market manipulation or any other fraud.. Furthermore, User certifies that neither he nor she has been removed from any other facility accessing the Internet for cause other than non-payment or voluntary cancellation by the User.
Penalties for charge-back requests / payment disputes
DealDash reserves the right to temporarily freeze any accounts that are involved in any payment disputes or charge-back requests.
This relates to all accounts that are connected to the dispute, including but not limited to accounts that have at any given time shared the same shipping address, billing details, network address or any other indication of being connected.
Registration with DealDash for Use
Each person may register only once; each User may only have one account at DealDash. Additionally, each household or "group of users associated with each other", determined by the sole discretion of DealDash, may not have control over more than two DealDash member accounts. If a single person is found to have or maintain control over several accounts on DealDash, or if a household or a "group of users associated with each other" is found to have or maintain control over more than two accounts on DealDash, all accounts will be immediately suspended, all auctions the accounts have participated in will be voided, and any bids purchased will be removed without prior warning and without any form of compensation.
All persons must securely and confidentially maintain their user information , and may not provide their password to any third party.
During the registration process, the User must choose a User name. The User name may not offend common decency or infringe upon the rights of third parties. The User name may also not be misleading in any way or, , in DealDash’s judgment, closely resemble the identity of an existing User. The associated password is to be kept secret by the User. User accounts created during registration are non-transferable. Any detected abuse of the User account, whether it detriments a third party or DealDash, shall result in the disqualification of the User and, if applicable, the notification of the applicable authorities of the possibility of a crime. In general, the User shall be liable for all activities that are undertaken by the User or the User’s account and associated password.
ACCOUNTS AUTHORIZED TO BID ON THE DEALDASH SITE CANNOT BE TRANSFERRED OR USED BY ANYONE OTHER THAN AUTHORIZED ACCOUNT HOLDER. USE OF THIS ACCOUNT BY A PERSON OR PERSONS NOT AUTHORIZED BY DEALDASH IS STRICTLY PROHIBITED. NO MORE THAN ONE LOG-IN SESSION OR ONE AUTHORIZED ACCOUNT USER CAN BE ACTIVE AT A TIME FOR ANY ACCOUNT. EXCEPT AS OTHERWISE PERMITTED BY THE BIDBUDDY SYSTEM, ACCOUNTS WHICH HAVE BEEN TRANSFERRED IN WHOLE, PART OR PROXY BIDDING TO OTHER PARTIES, OR SHOW OTHER ACTIVITY IN VIOLATION OF THIS AGREEMENT, ARE SUBJECT TO IMMEDIATE TERMINATION. DEALDASH RESERVES THE RIGHT TO MAINTAIN LOGS OF ACCOUNT ACTIVITY AND TO USE SAID LOGS FOR THE PURPOSE OF DETECTING USAGE IN VIOLATION OF THIS CONTRACT.
DealDash reserves the right to at any time temporarily or permanently disqualify a User. Users will be disqualified when, in the reasonable opinion of DealDash, a User has violated any law, regulation or equitable interest in favor of a third party. A disqualification can also occur if DealDash has another justified interest in the protection of other Users or to prevent manipulation. Examples of the foregoing include, but are not limited to, (i) honoring bids of Users who have not paid for the bids, , (ii) the use of unauthorized bidding software, or (iii) establishing several User accounts for the same person. Moreover, DealDash reserves the right to cancel unauthorized DealDash accounts or accounts that have been inactive. User agrees not to hold DealDash responsible for any loss User may incur as a result of such action.
DealDash reserves the right in its absolute discretion to not accept Users or to disqualify Users from using all DealDash services. DealDash shall not be liable for lost value or other impacts related to the violation of these Terms & Conditions.
Bid Purchasing for Online Bidding / Payment
DealDash bids, later, "bids", must be purchased by Users prior to online bidding. Only registered Users can submit the convenient online bids, which can be purchased in packages (so-called “Bid Packs”) at the currently applicable prices, which can be viewed in “My Dashboard” under “Buy bids”. The bids must be paid for in advance. When the bids are purchased and deposited into the User’s DealDash account, a contract for the purchase of the bids materializes. The associated invoice is due immediately. If a User is suspended for whatever reason, all of their bids will be lost and are not to be refunded.
Users that have signed up along with winning an auction and paying for a product are not egilible for a refund on either bid purchases, account activation fees or product fees if their product has been shipped by the time of request.
Payment can be made by credit card or via PayPal. The card issuing bank may charge you a foreign transaction fee - please refer to INTLServiceFee.com. DalPay Retail is the authorized retailer of products and services supplied by DealDash.
Should a payment not be honored for a User, a returned payment fee will be charged. The User shall be solely responsible for these fees. DealDash reserves the right to block access to the User account until full payment is received by DealDash for the outstanding invoice, including any fees due to returned payment, etc.. DealDash may withhold any outstanding deliveries until it receives full payment. The user's bank may or may not invoice the user an international payment fee in connection with a credit card payment on the DealDash site. It is the sole responsibility of the user to familiarize him or herself with the terms & conditions of his or her bank for such fees. DealDash holds no responsibility for additional payment fees of any kind issued to the user by the user's bank.
All used bids - or unused bids received through won auctions, the item exchange feature, promotions, as a sign up bonus, or bids acquired by any other means without submitting a payment of $0.60 per bid - are non-refundable without exceptions. All unused bids purchased at $0.60 / bid may be refunded upon request under the sole discretion of DealDash. No refunds whatsoever will ever be issued after 90 days of payment. The user is under no circumstances eligible for a refund of a larger amount than the total amount the user has spent on the site, minus the total amount won in product value on the site.
DealDash reserves the right to sell bids at any discounted price to specific user groups for promotional purposes. All DealDash users understand that they may from time to time receive unique offers to buy discounted bids and that other users may do so as well.
If a User has bids received through other means than a bid purchase of $0.60 per bid as well as bids purchased at the normal rate of $0.60, the refundable bids will always be deducted from the bid balance first as the user uses bids from his bid balance.
DealDash reserves the right to, at its full discretion, remove any sign up or other promotional bids that have been added to a users account for free at any given time without further notice.
Bidding / BidBuddy
For online bidding, an individual bid can be submitted by clicking the "BID NOW" button, or by using the automated bidding tool called the “BidBuddy” . Once a bid is submitted, it is no longer valid for refunds and it is deducted from the User’s bid balance accordingly.
The BidBuddy can assist bidders in being able to bid in an auction, even if the bidders are not online at that time. Only registered Users can submit bids automatically with one or more BidBuddies. The BidBuddy automatically submits bids according to the specifications set in advance by the User. The User can read about how the BidBuddy operates in the “FAQ” section.
DealDash does not guarantee the precision of the BidBuddy feature and DealDash may not be held responsible for any BidBuddy software errors of commission or omission. The User is prohibited from using any bidding software not authorized by DealDash; if the User does, in fact, use unauthorized software, it will result in immediate disqualification from DealDash’s systems and service. DealDash will from time to time award all users who start using the site with free bids. The amount of free bids awarded/not awarded can fully be determined by DealDash on an account to account basis.
A bid is registered and counted when DealDash’s system receives the bid order. A bid is not counted and valid when it is sent from the User´s Web browser, but when DealDash´s servers receive and register the bid request.
It usually takes less than a second for a bid to be registered, however it may take up to several seconds or longer for DealDash to receive the bid if there is a delay in the network or if the system is under high stress. DealDash is not to be held responsible for any delays that occur in bidding or on the auctions. DealDash strives to make the DealDash timer clocks as accurate as possible. While DealDash believes that auction timers are very accurate, DealDash cannot and does not guarantee that the system, including the bidding clock, will always function reliably
Bids are counted in microseconds. Therefore, it is highly unlikely that two or more bids will occur and be registered at the exact same time. Nevertheless, if two or more Users submit a winning bid at the exact same time, they shall share the product won.
All bids are final.
Bids and their associated fees are non-refundable.
Winning Limits
Each user may win a maximum of 9 auctions per week (6 valued under $200 and 3 valued above $200). All auctions on the site are counted towards the winning limit. The winning limit resets once per week, on the midnight of the weekday that the user originally signed up for DealDash. The system will prevent users from placing bids if the winning limit has been reached. All booked Bid Buddies will automatically be canceled if the user hits their winning limit.
In order to keep the playing field fair for all DealDash users and to ensure that bidding is always done in moderation, accounts that win auctions worth more than $3,000 in a calendar month will have their winning limits reduced to 1 item valued under $200 and 1 valued above $200. Monthly winning limits are reset consecutively every month on the same day of the month in which the user signed up to the service.
DealDash reserves the right to, from time to time review the guidelines for any winning limits and may at any time under its sole discretion limit accounts from winning an excessive amount of auctions.
This limit is put in place to ensure that all users have a high quality of user experience.
Bid Expiration
Bids on member accounts must be used within 365 days from the day that the bids have entered the account through purchase, item exchange or auction win. If the bids have not been used within that time, they will expire and be permanently removed from the account.
How the Auctions Work
With each bid submitted, the price of the item on which the User is bidding increases by $0.01. A bid submitted by the User constitutes an offer from that User to DealDash to conclude a contract to purchase the item. A contract to purchase the item does not materialize until the auction is finished and the last bidder has followed all the steps provided for in this section . The purchase contract will exist between DealDash and the User who has submitted the highest bid up until the point when the last bidder has submitted the last qualifying bid of the respective auction.
Each new bid resets the “countdown time” for the auction. The countdown time for each of the auctions is shown on the auction details. The auction ends when no more bids are submitted within the remaining time stated. However, an auction may not end if anyone else except the highest bidder has still bids booked on their Bid Buddy. In the event of heavy network lag, the Bid Buddy may place the bid with a slight delay with the system registering the bid 1+ seconds after the auction's countdown time. Such bid will be completely valid, provided that the bidder had booked his Bid Buddy within the auction's countdown time.
The User who submits the highest bid and is the last to bid 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 DealDash’s database and DealDash’s decision regarding the identity of the last bidder shall be final.
Auctions may offer the “Buy It Now” option. “Buy It Now” will allow you to receive your spent bids back, if you purchase the same model of an identical item at its retail price. The option to “Buy It Now” will be offered for a limited period of time (usually 7 days after the auction ends) after which the option to “Buy It Now” is permanently revoked.
Insofar as DealDash does not guarantee that the exact model can be sent, DealDash reserves the right to replace the product upon which User bid with another similar item or, at the discretion of DealDash, furnish User with a giftcard. A gift card may be the most suitable substitute solution for challenges related to product availability or supplier challanges.
DealDash is not responsible for third party abuse and contrivance of the purposes of the DealDash service. Examples include, but are not limited to, if other Users create chaos on the Site that then results in lost bids. In that case, and other cases of third party abuse, DealDash is not responsible.
The following statement is very important for any customer or potential customer of DealDash to read and fully understand before using the service:
By registering and using DealDash you understand that you are likely to spend more money than you may receive in product value. Most customers using the site gain less in product value measured in monetary value compared to the amount of money spent to win auctions. Do not buy bids or spend money on the site if you cannot afford to lose the money. DealDash is constantly attempting to maintain fairness and balance in its auctions therefore some new users or users who have lost auctions may receive special promotions, access to special auctions and/or free bids through site features. All users agree that this is fair practice and helps balance and create a great auction experience for all users.
DealDash is convinced that the entertainment value of participating in its auctions is valued and that paying a premium price for this entertainment value is fair. All customers will not on average save money by using the website. By using the service you understand and agree to this statement.
Notification of the Win / Acceptance of the Win / Payment
After the auction has ended, the highest bidder (“winner”) who is logged on with DealDash will see a “congratulation page” displayed, along with all of the important information such as the total price, the payment details, etc. The User must actively confirm the win by following the steps indicated on that page or elsewhere on the Web Site. As soon as the winner has paid the total amount reflected on the “payment page”, the win is accepted. The winner will also receive a notification of the win by e-mail with a request for payment.
The User must pay the total price (auction price and possible taxes) no later than 14 days after the notification of the win is sent. After this deadline has passed, DealDash can declare a rescission of the purchase contract to the user, which results in the User's right to delivery of the item being permanently revoked. There is likewise no entitlement to replacement of any of the bids used in the auction. If a User chooses to "Buy it Now", the item price including possible tax fees must be paid within 7 days of the auction ending in order to be eligible.
The User may obtain and be legally entitled to the product only after the User fully pays for the product and all of the applicable bids used to obtain the product. Should the User not pay for bids that have already been purchased, payments received shall be viewed as payment toward the bids not yet paid for, and a right of retention shall be exercised with regard to the item purchased at auction until all bids and the total price have been paid in full.
If the User chooses to pay for the item by credit card and the sales price is lower than $1, then the price will be rounded up to $1.
DealDash´s credit card processing company does not accept fees lower than $1 as a procedure designed to reduce the chances of attempted fraud.
The winner of an auction is determined solely by DealDash’s system. If a bid is placed too late, does not reset the timer of an auction or is not correctly registered by the system, it is then invalid. Even though this bid may be the last bid on an auction, it is the last & highest valid bid on an auction that wins the auction.
DealDash recommends its users to always bid at least 5 seconds prior to the auction timer reaches zero, as otherwise the bid might be reflected as accepted by the system, but in realty be received too late.
An invalid bid is one where the auction timer is not reset after the bid has been placed.
If the User does not receive the won product or product obtained through "Buy it Now", the User must file in a claim of non-receipt via e-mail to support@dealdash.com within 8 weeks of the purchase, or DealDash's obligation to deliver the product will dematerialize. No refunds of the purchase amount or cost of spent bids to win the item will be returned to the User.
DealDash is not responsible for stolen or lost items, let it be a physical product, a gift card, a digital product or anything auctioned on the site, or purchased from the DealDash store by using the Buy it Now option. In the event that a product is stolen or lost, DealDash will, however, do its best to help customers upon request, by providing tracking information received from the supplier, as well as screenshots or copies of the sales receipt and possible shipping confirmation, if available.
Cancellation / Rescission
The User may return the item in an un-depreciated condition within 2 weeks of receipt if not satisfied for any reason. Upon verification of the product’s condition and the obtaining the reason for the dissatisfaction for DealDash’s data gathering purposes, then DealDash will refund the purchase price of the product; DealDash will not refund the value of the bids spent to obtain the product. Except as provided below, DealDash also grants to the User ordering products for personal purposes the right to cancel in accordance with statutory provisions on mail order sales and e-commerce. The right to cancel does not exist in the case of mail order sales and e-commerce contracts for the delivery of audio and video recordings or of software, if and to the extent that the seal on the delivered media has been broken by the user, although this does not affect the User’s other rights.
Contracts with parties who are not Users are treated by DealDash as international supply agreements and, therefore such parties do not have rights to cancel concluded contracts (unless agreed to in writing by DealDash or required by law).
Cancellation Instructions:
Right to cancel
You may cancel your contract within two weeks in written form (e.g. letter, fax, e-mail) or by returning the items, without stating your reasons.
The period begins no earlier than when the item and these instructions are received. Receipt can be e-mail receipt to the e-mail address provided to DealDash. To meet the deadline, it is sufficient to send the cancellation notice or return the item in a timely manner. Cancellation is to be sent to the following address:
DealDash Inc
E-Mail: support@DealDash.com
419 Lafayette St
New York, NY 10003
United States of America
Consequences of Cancellation
In the case of a valid cancellation, both parties must return what has been received in performance of the contract and the benefits derived therefrom (e.g. interest) as applicable. If User is unable to return to DealDash the service or product that the User received or is only able to return it in part or only in a depreciated condition, User must compensate DealDash for the difference in value, unless the deterioration resulted from proper use. In the case of use of items, the foregoing compensation provision shall not apply if the deterioration of the item is attributable solely to it being tested comparable to those tests that may reasonably be performed in a retail store. In other respects, User may avoid this duty to pay compensation by not using the item(s) as User would use his/her own property, and by refraining from any action that would detract from its value. Items that can be shipped in packages are to be returned. In these cases, return is free of charge for User. Items that cannot be shipped in packages will be picked up upon coordination with User. User must satisfy obligations to refund payments within 30 days after sending User’s notice of cancellation.
When User cancels by the deadline, User is not obligated to accept delivery. Under those circumstances where DealDash cancels by the deadline, DealDash will refund any purchase price already paid. The foregoing notwithstanding, the service charge (e.g., bids) will not be refunded.
The User is to pay the costs for the return shipment if the item delivered matches that ordered and the value of the returned item does not exceed a sum of USD 40.00, or if, in the case of a higher value for the time, the consideration or contractually stipulated partial payment has not yet been remitted by the date of cancellation.
Should DealDash incur additional costs for insufficient postage on the return, for a COD shipment, 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 remitted by the User. Sets/boxes can only be returned in their entirety.
Delivery
Insofar as nothing to the contrary has been stipulated, delivery will be made from our supplier’s warehouse or from our warehouse to the address provided by the User. Deliveries are made solely within the United States of America. Users in other countries must have a delivery address within the lower 48 states of the United States of America. DealDash 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 the supplier upon taking delivery.
Should DealDash not be able to deliver the item ordered for whichever reason, DealDash shall be entitled to declare rescission to the User or to substitute the item with a comparable replacement product with similar features. DealDash may also choose to replace the item ordered with a gift card of the value of the item that the user may choose to use to obtain the same product. This also applies for items ordered through Buy it Now from the DealDash store.
Right of Substitution
Subject to the cancellation policy specified herein, DealDash may substitute another similar item of the same general character or function, provided it has the same or higher retail value, for purposes of delivery to the User. Such right of substitution may be necessary from time to time if, for example, unforeseen or undetected challenges arise with the manufacturing or inventory system of the supplier, impacting the ability to deliver the exact item sought by User.
Product Description/Offsetting
The item descriptions provided according to the best of DealDash’s knowledge and belief. Images of products can differ from the original.
If DealDash is unable to provide the User with the item auctioned due to unforeseen circumstances, such as unavailability or any other reason, DealDash reserves the right to offer the winner in its absolute discretion an alternative item in the same price range or the equivalent of the item's Manufacturer’s Recommended Retail Price (“MSRP”) in bids so that $0.60 equals one (1) bid.
Should subsequent correction be undertaken by way of delivery of a replacement, the User shall be obligated to return to DealDash the item already delivered within 30 days at DealDash’s expense. The User shall only have the right to offset if his or her counterclaims have been upheld by a court of law or are not disputed by DealDash.
The User shall only be entitled to exercise a right to withhold payment to the extent that his or her counterclaim is based on the same contractual relationship.
The item delivered shall remain DealDash’s property until payment in full of the total price, including for the bids used in the auction. Until such time as full payment has been made, the User undertakes to store the item separately from their other possessions and to insure it. DealDash shall have full rights of access to the place where the item is located during normal business hours to take possession of it.
Damages Limits on Liability
DEALDASH WARRANTS THAT, IF A USER IS DISSATISFIED WITH THE ANY DELIVERED PRODUCT, DEALDASH WILL, UPON NOTIFICATION FROM THE USER TO DEALDASH, REFUND THE PRODUCT FEE, BUT NOT THE BID PRICES PAID, AS DESCRIBED ELSEWHERE HEREIN. OTHER THAN THE FOREGOING, NO WARRANTY IS MADE BY DEALDASH REGARDING ANY SERVICES OR PRODUCTS PROVIDED THROUGH, IN CONNECTION WITH, OR LOCATED ON DEALDASH’S WEB SITE OR OTHER SERVICES PROVIDED BY DEALDASH, AND DEALDASH HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES; AND 2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ANY LIABILITY OF DEALDASH, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR TORTIOUS BEHAVIOR, OR UNDER ANY OTHER CAUSE OF ACTION, WHETHER IN LAW OR EQUITY, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE USER TO DEALDASH FOR THE CURRENT SERVICE PERIOD OR RETURN OF THE PRODUCT. OTHERWISE, THE SERVICE FEES (BID FEES) ARE NOT REFUNDABLE. MOREOVER, EXCEPT FOR EXPRESSLY PROVIDED HEREIN, DEALDASH WILL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Claims for damages by the User against DealDash, its legal representatives, employees, vicarious agents or parties who assist in performance are prohibited.
In particular, DealDash shall not be liable for faulty operation of the telephone or computer during bid submission and for incorrect or overly slow transmission of bidding data by the telephone or internet provider. Should such an event occur, resulting in a late bid, then the bidder shall have no legal right to the purchase/receipt of the item.
This shall not apply if the damage is due to the deliberate or grossly negligent conduct of DealDash, its legal representatives, or parties assisting it in performance. This shall also not apply if the guarantee for an item's features was expressly provided by DealDash in writing or a defect was fraudulently concealed.
Insofar as DealDash is insured for its liability for any damage, DealDash can, in its sole discretion, assign any entitlement to insurance settlement to the injured party. The User shall be obligated to accept this assignment as its complete remedy in law and equity.
There shall not be any liability for the reimbursement of expenses, unless as otherwise expressly provided for herein.
Liability for damage arising from loss of life and limb, health, or well-being, and that according to product liability law shall not be affected hereby.
System Outage / Temporarily Halted Auctions
User acknowledges that DealDash offers User access to the Internet product auction facility. User hereby acknowledges that the Internet is not owned, operated, managed by or in any way affiliated with DealDash or any of its affiliates, and that it is a separate network of computers, independent of DealDash. User's use of this Internet service is solely at User's own risk and is subject to all applicable local, state, national and international laws and regulations. Access to the Internet is dependent on numerous factors, technologies and systems, many of which are beyond DealDash's authority and control.
A system outage has occurred if no bids can be submitted for items due to an unforeseen system disruption, the Web Site is unreachable or if any other component of the Site is not properly working. Bidders who are bidding on temporarily halted auctions shall have no right to a refund for bids used or other costs incurred.
DealDash is not responsible for technical errors, lag, connection problems and technical issues generally. Even with today´s most sophisticated software and hardware, it is impossible 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 as a medium (hereinafter referred to in brief collectively as “technical faults”). DealDash therefore provides no guarantee for the constant and uninterrupted availability of its Web Site and technical systems. In addition, unless otherwise expressly stated herein, DealDash shall not be liable for any damage whatsoever incurred by auction Users or third parties from using DealDash’s services. In particular, DealDash shall not be liable for damage that occurs due to bids submitted by auction Users not being received by DealDash, not being received promptly or not being considered as a consequence of technical faults.
In the event of technical faults, DealDash cannot be held responsible for bids placed during the technical downtime or for the bids placed on the auctions before the technical downtime occurred. If a User is sure that their bids have been lost due to system failure, they may contact DealDash´s User service at support@DealDash.com for more details on what they should do. If auctions terminate due to technical faults, and a winner is declared by the system, this win is not valid, even though the User gets a winning notification from DealDash´s system. Winners on auctions that end due to technical faults may not purchase the item on the auction. If the User believes that he/she has been declared a winner on an auction that ended due to technical faults, please contact DealDash´s User service department immediately at support@DealDash.com.
Choice of Law If a dispute arises between DealDash and User, DealDash encourages user to first contact DealDash directly to seek a resolution. DealDash will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. In the event of a dispute,
New York laws shall apply. To the extent legally permitted, the place of jurisdiction is New York.
DealDash is not responsible for changes in legislation that may effect the auctions or their undertaking, or the products or their value.
Protection of Data: Collection, Processing, and Use of 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 DealDash’s Data Protection Statement.
External Links
The DealDash Web Site may contain links to other Web Sites operated by third parties, and these sites may likewise contain links to yet other Web Sites. Despite conducting careful checks, DealDash assumes 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. DealDash, hereby expressly disclaims responsibility from all content of any and all Web Sites linked to the DealDash Web Site. DealDash cannot take any responsibility for the content of the data protection procedures of third-party Web Sites.
Coupons
Any coupon may only be used once by each person--the person intended to use them. Attempting to use a coupon code that has come to a user’s possession through a sale, hacking, or from any source other than from DealDash itself is forbidden and will result in immediate account suspension and possible legal action.
Third Party Beneficiaries
This Agreement is entered into solely for the benefit of DealDash and User and shall not confer any rights upon any person or entity not a party to this Agreement.
Force Majeure
Each party will be excused from the performance of its obligations under this Agreement, for any period during which and to the extent that it is prevented from performing such obligations, in whole or in part, as a result of delays beyond the reasonable control of a party, including delays caused by another party, any act of God, natural disaster, war, civil disturbance, court order, labor dispute, third party non-performance or criminal conduct (provided that such third party nonperformance or criminal conduct is not that of any agent of such party), interruption of communication or computer facilities or other cause beyond its reasonable control, including, without limitation, failures, fluctuations or non-availability of electrical power, heat, light, air conditioning or telecommunications equipment, and including nonperformance by any supplier to such party if the non-performance is a result of events similar to those described in this paragraph. Such non-performance will not constitute a default or grounds for termination under this Agreement as long as reasonable means are taken to expeditiously remedy the problem causing such non-performance.
Severability
If any provision of the Terms & Conditions is held invalid or unenforceable for any reason, the invalidity shall not affect the validity of the remaining provisions of the Term & Conditions, and the parties shall substitute for the invalid provisions a valid provision which most closely approximates the intent and economic effect of the invalid provision. To the extent permitted by applicable law, DealDash and User hereby waive any provision of law that renders any provision of this Agreement prohibited or unenforceable.
Collusion/Team Play
Any kind of collusion or team play is strictly forbidden on DealDash. By definition, this includes, but is not
limited to, two or more members working together as a team, or creating the impression that there are
more people involved and competing to win an auction than there actually are, or placing bids until Buy it Now offers are earned and then switching over to another account to continue to earn further Buy it Now offers on the same deal.
DealDash does not allow two members that know each other to participate in the
same auction. Two members participating in the auction are by definition engaging in team play, and automatically lose their right to purchase the Deal or receive any of their spent bids back.
DealDash reserves the right to disqualify in its absolute discretion any users they suspect to be working in a team by voiding
all their wins and freezing their accounts. No funds or bids will be returned or transferred into other accounts.
General
The contract between DealDash 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 Terms and Conditions or any of their rights or obligations without DealDash’s prior written consent.
DealDash has the right to revise and amend these Terms & Conditions from time to time in its absolute discretion for reasons including, but not limited to, changes in market conditions affecting DealDash’s business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in DealDash’s system’s 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 DealDash Web Site, unless any change to such policies or terms and conditions is expressly required by law to be mailed or otherwise transmitted DealDash 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 of the change in terms, or usage of the Site whereupon there were changes vis-à-vis the user’s last use of the Site, whichever is later. In the event that a circumstance, controversory or topic is not specifically referenced herein, DealDash will resolve it in its discretion.
By submitting a testimonial to DealDash you understand that your full name, city and state may be used and displayed freely in DealDash´s marketing material.
DealDash and the brands that DealDash works with are the owners or licensee of all intellectual property rights on the DealDash Web Site 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 off 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 of 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 DealDash Web Site for commercial purposes.
