Terms and Conditions for using spalotto.com
This Site Access and Purchase Agreement (this Agreement) is a legal contract between you and spalotto.com and contains the terms and conditions for access to and use of the website and marketplace located at www.spalotto.com
This User Agreement includes and hereby incorporates into its terms the Site Access Agreement governing access to and use of the Site (the User Agreement) and any supplemental terms you agree to from time to time. Please read this User Agreement carefully - if you do not agree to any of the terms, you may not use the Site or Marketplace. The terms you, your, and yours refer to the customer/purchaser utilizing our Site(s). The terms spalotto.com, we, and or refer to spalotto.com.
CLICKING THE ACCEPT BUTTON UPON REGISTRATION CONSTITUTES YOUR ACCEPTANCE OF THIS USER AGREEMENT AND YOUR AGREEMENT TO BE BOUND BY THIS USER AGREEMENT. IF YOU DO NOT AGREE TO ANY TERM IN THIS USER AGREEMENT, DO NOT CONTINUE TO ACCESS AND USE THIS SITE. If the provisions of this Agreement conflict with those in the User Agreement, or the Checkout Terms, or any other terms incorporated into this Agreement, the terms of this Agreement will control.
1. AMENDMENTS AND CHANGES
1.1 Changes to Site and Marketplace. spalotto.com shall have the right at any time to change or discontinue any aspect or feature of spalotto.com, including, but not limited to, services, products, content, hours of availability, and equipment needed for access or use.
1.2 Changes to Agreement Terms. spalotto.com shall have the right at any time to change, modify, add or delete the terms and conditions applicable to your use of the Site, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use, changes to or additions to this User Agreement. Such changes, modifications, additions or deletions (Changes) shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. YOUR CONTINUED USE OF THE SITE FOLLOWING spalotto.com POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SITE.
2. YOUR MEMBERSHIP
2.1 The Marketplace. spalotto.com operates an online marketplace that enables users to view and purchase products and services (the Marketplace). Except for certain circumstances, each product available on the Marketplace (Products) is offered for a defined and limited period of time determined by spalotto.com and is sold to the buyer who proposed the highest purchase price during that limited selling period.
2.2 Registration as spalotto.com Member Required. Only spalotto.com Members may participate in the Marketplace. In order to become a Member, you must agree to this Agreement and all terms and agreements incorporated in this Agreement, not be a Minor, and provide us with your name, address, phone number, and email address, as well as any other identification information required by our policies or that we may request from time to time.
2.3 Age Minimum. Users must be of age of majority in the geographically they reside. In Canada, persons under the age of 18 may not become a spalotto.com Member, use the Site or authorize transactions on the Site.
2.4 Your User Name and Password. As part of the registration process, you will choose your own user name and password. You will be responsible for maintaining the confidentiality of that password and for restricting access to your computer. You agree that you are solely responsible for all activities that occur under your user name and password.
2.5 spalotto.com allows only one (1) account per registered Subscriber. The right to use spalotto.com is personal to Subscriber and is not transferable to any other person or entity.
3. BASIC USAGE RULES: YOUR USE OF THE SITE AND MARKETPLACE
3.1 Our Content. The Site may contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. All use of material requires written permission from spalotto.com.
3.2 Zero Tolerance on Fraud. spalotto.com HAS ZERO TOLERANCE FOR ONLINE FRAUD. Every time you log in to the Site, your IP address is recorded. This information can be used against fraudulent bidders. Any acts of online fraud or suspicions thereof, should be immediately reported to spalotto.com. spalotto.com will notify and assist the appropriate law enforcement agencies in any case where there is suspicion of fraudulent use of our Marketplace. spalotto.com will terminate and ban the user on the first confirmed offense. spalotto.com will also maintain and enforce a blacklist to chronicle fraudulent users.
3.3 Compliance with Laws; Fraud. The Site and Marketplace only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Marketplace, including in regard to bidding, and purchasing Products. You may not register under a false name or use an invalid or unauthorized credit card. You may not make bids under a false name, impersonate any participant, or use another participant’s password(s). Fraudulent conduct may be reported to law enforcement, and spalotto.com will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
3.4 Shill Bidding. You are strictly prohibited from placing bids or causing bids to be placed on any Product for the purpose of artificially increasing or otherwise manipulating the bidding process on spalotto.com or the bid price of any Product listed on the Site, or influencing user behavior on spalotto.com.
4. RIGHTS OF SPALOTTO.COM
The site as a whole is the Marketplace and each individual item is an auction. Where an auction is referred to it is for the individual auction item.
4.1 Auction Glitches. spalotto.com will offer 100% risk free auctions, except when a technical glitch prevents that from happening. In such a case, spalotto.com reserves the right to stop, restart, or cancel any auction at any time, including before, during and after. Any and all funds received during a glitch auction, will be returned by spalotto.com to the customer if no merchandise is shipped. It is in the best interest of all bidders to print a copy or write down the listing number of each auction. In the case your auction was affected by a glitch, without the listing number there will be no way to investigate the situation. It is the sole responsibility of the user to maintain the auction listing number(s).
4.2 Breach. Without limiting other remedies, spalotto.com may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Site and refuse to provide services to you: (a) if you breach this User Agreement or the documents it incorporates by reference; (b) if spalotto.com is unable to verify or authenticate any information you provide to spalotto.com; or (c) if spalotto.com believes that your actions may cause legal liability for you, other spalotto.com users, or spalotto.com.
4.3 Termination. spalotto.com may terminate this Agreement or your access to the Site at any time in the event of any conduct by you which spalotto.com, in its sole discretion, considers to be unacceptable.
5. BIDDING TERMS
5.1 Your Bid Or Offer To Buy Is Your Agreement. You acknowledge and agree that a bid or a request to buy any Product is a legal offer to buy the Product. Once spalotto.com accepts your offer, you are obligated to complete the transaction as accepted by spalotto.com. Accordingly, when you bid on a Product on spalotto.com, you enter a legally binding contract in which you express intent to purchase the Product at the proposed bid price. Failure to do so in a timely manner will result in termination of your spalotto.com membership and other actions taken by spalotto.com to enforce your obligations. You acknowledge that not fulfilling these obligations may be legally actionable.
5.2 Listing Page. Each Product has a Listing Page, which sets forth the Products description and additional Checkout Terms, if applicable. You are responsible to read the Listing Page, and your submission of a bid to buy a Product constitutes your agreement that you have read and you understand the Listing Page and any Checkout Terms.
5.3 Bid Increment Rules
(a) Whole Dollar Increments. Each proposed purchase price in each bid (a Bid Amount) to buy a Product must be in whole dollar amounts. Any Bid amount not placed in whole dollar increments will be invalid and not accepted or will round up to the closest Canadian Dollar.
(b) Minimum Bid Increase. Your Bid Amount must exceed the current highest bid by at least the Minimum Bid Increase. The Minimum Bid Increase depends on the Minimum bid and will vary based on the value of the Product and will be shown in the item listing. Minimum bid increases will be available on the site.
5.4 No Bid Shilling or Fraud. Bid shilling occurs when someone bids on a Product for the sole purpose of driving up the price and is prohibited. Any evidence of bid shilling on a Product is a breach of this Agreement and warrants immediate termination of membership.
5.5 Retracting Your Bid. Once you have submitted a bid to purchase any Product, it cannot be retracted unless you made an obvious typographical error when placing a bid. For clarification, a bid placed on another, similar Product, changing your mind, or inability to pay for the Product is not grounds to retract a bid or to cancel your agreement to purchase a Product. To retract a confirmed bid, you must contact Customer Service with your request and include the Product listing number and a valid explanation.
5.6 Submission of the Highest Bid and Your Payment Obligation. When you have submitted the highest Bid Amount during the selling period of a Product, you will receive an e-mail notifying you that you have submitted the highest Bid Amount - you will have five (5) days thereafter to pay for your Product(s) at that highest Bid Amount. You are responsible for keeping track of all of your highest Bid Amounts. No extensions on these five (5) days will be given.
5.7 Credit Card Payments. If you have chose the option to have your credit card information included in your member profile spalotto.com will process your transaction and email your receipt within five (5) days of notifying you that you have submitted the highest Bid Amount. This payment will be processed through spalotto.com secure credit card transaction service.
6.1 General Payment Policies
(a) Payment in Canadian Currency Only. All payments for Products must be made in Canadian Currency.
(b) All Purchases Will Be Subject to Invoices. All of your purchases and amounts owed for those purchases will be presented to you on one (1) or more invoices that will be emailed to you and stored in your spalotto.com Account for 90 days from the purchasing date. spalotto.com will use its commercially reasonable efforts to post and make available to you your invoices no later than one (1) hour after spalotto.com accepts your payment.
(c) Payment Due Within 5 Days. Payment on any Product is due promptly, but no later than five (5) days after spalotto.com accepts your offer to buy a Product. Any payment not received within 5 days of when spalotto.com accepts your offer to buy a Product will be referred for collection. At this time the auction item could be relisted for auction and the spalotto.com user could be blacklisted for non-payment.
(d) Your Transactions and Obligations. By entering into this Agreement and bidding on a product, the customer agrees to complete the transaction. In which case, the customer will be held accountable if they do not fulfill this obligation. If payment is not made, bidding privileges may be subject to suspension and spalotto.com maintains the right to cancel outgoing invoices at their own discretion. Reasons for such actions include but are not limited to multiple non-pays of auctions won, unresolved chargeback issues, an undeliverable address, or the refusal to pay custom fees. To avoid this situation please pay on time.
(e) Shipping Not Refundable. Shipping is non-refundable, unless, the Product [is damaged or] does not substantially conform to the Listing Page description of such Product. Return Policy instructions are included at the end of this page.
(f) Customs on International Shipments. You are solely responsible to pay all customs fees on packages shipped out of Canada. You are solely responsible for understanding and complying with your local customs laws, duties, regulations, and restrictions. In addition, for returned packages, you will pay all customs fees incurred during the shipping process.
6.2 Restocking Fees
(a) A 15% re-stocking fee will apply for any Product which spalotto.com determines in its sole discretion conformed to the Listing Page description, but was returned, even if you received a Return Authorization Number (RAN) from spalotto.com.
(b) All packages that are refused by the customer or returned as undeliverable will automatically be assessed a 25% restocking fee.
(c) The remaining purchase amount will be refunded by spalotto.com within receipt of the returned product. Product must be returned in the same condition and by the same method as it was shipped. Damaged goods will be assessed at the time of receipt at spalotto.com for any additional charges.
(d) Please refer to the Return Policy at the end of this agreement.
6.3 spalotto.com Rights If Payment Not Received In Full. You promise that any payment method selected by you when purchasing a Product shall enable you to make full and immediate payment. In the event that your chosen payment method does not enable you to make full and immediate payment for any reason, including without limitation insufficient funds or credit decline, spalotto.com may in its sole and absolute discretion cancel your purchase. In such case, spalotto.com may in it sole and absolute discretion (but shall not be required to) designate the next highest bidder (meeting the applicable minimum bid or reserve requirements) as the winning bidder. At spalotto.com sole discretion, but without any obligation, alternate payment methods may be arranged.
6.4 Payment Methods
(a) Accepted Payment Forms. spalotto.com currently accepts:
(i) Third party payment service using PayPal. PayPal is the preferred method of payment and the auction item will have a direct link to PayPal.
(ii) By other Credit Card Issuers. Payments can be received via telephone at 1-888.346-6772 ex 247 or will be processed automatically by spalotto.com if you have chosen to provide this information in your membership profile.
spalotto.com WILL HAVE NO ROLE OR RESPONSIBILITY IN ANY RELATIONSHIP BETWEEN YOU AND A THIRD PARTY PAYMENT SERVICE. ANY INFORMATION ABOUT THE SERVICES OF A THIRD PARTY PAYMENT SERVICE PROVIDED ON THIS SITE IS FOR CONVENIENCE ONLY.
7. Sales Tax
7.1 Sales Tax Requirements. Companies selling over the Internet are subject to the same sales tax collection requirements as any other retailers.
7.2 Your Obligations. spalotto.com sales tax collections procedures do not constitute a promise that you have no other sales or use tax liabilities as a result of your purchase of Products through spalotto.com. You are solely responsible for reporting and remitting any sales or use tax you may owe under laws applicable to you. You also agree that spalotto.com is not obligated to determine whether sales or use taxes apply and is not responsible to collect, remit or report any sales or use taxes arising from any transaction.
7.3 GST charged on Sales. spalotto.com items will be subject to 5% GST
8. SHIPPING & DELIVERY
8.1 General Shipping Policies. All shipping is the responsibility of the purchaser.
(a) Available Shippers: All orders will be shipped by either Canada Post Corporation (CPC) or Purolator.
(b) Time to Ship. spalotto.com will not ship Products or begin to provide services until full payment for such Products or services; including shipping is received and acceptance or clearance of such payment has been confirmed to spalotto.com by the Credit Card Company or financial institution. spalotto.com will deliver Products to the shipper within five (5) business days of receiving payment for such Products. During peak season, your order may take longer to ship.
(c) No Signature Release. We will not authorize any shipper to deliver any Product without an authorized recipient signature. Accordingly, if you or your designees are unavailable to sign for any Product package, it will be retained by the shipper for further delivery or follow up by you or your designee. In the event you have a signature release waiver on file with Purolator, spalotto.com will not be held liable for missing or non-delivered Product(s).
8.2 Shipping Charges
(a) All gift certificate packages will be shipped via Canada Post Express Post requiring a signature. The shipping charges are due at time of payment for auction item and will be clearly stated in the auction.
(b) Products will be shipped either Canada Post or Purolator Courier Ltd. and the shipping costs will be posted and are due at the time of item payment. Additional Insurance costs may apply.
8.3 Tracking Your Shipment. To track your shipment you need to obtain a Tracking Number. The Tracking Number will become available once your order is shipped and subject to the shippers rules and policies.
8.4 Estimated Delivery Date. Once spalotto.com delivers your package with a shipper, the shipper provides an estimated delivery date based on the shipping method you selected and other market and environmental factors.
8.5 Lost Packages Please Report Within 48 Hours. If you do not receive your package, you must file a claim with spalotto.com within 48 HOURS from the estimated delivery date of your package. spalotto.com will not be held liable under any circumstance for lost or stolen packages; packages containing missing Products; or vandalized packages; if the customer does not contact spalotto.com within 48 HOURS from the estimated delivery date of your package. Please forward all claims issues to: email@example.com.
9. No Warranties. THE SITE IS PROVIDED ON AN "AS IS" BASIS. CUSTOMER'S USE OF THE SITE IS AT CUSTOMER'S OWN AND SOLE RISK. spalotto.com MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
(a)THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
(b) THAT THE SITE WILL MEET YOUR REQUIREMENTS WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, AND SECURE OR OPERATE WITHOUT ERROR;
(c) THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF OFFER, LAWFUL TO SELL, OR THOSE THIRD PARTIES WILL PERFORM AS PROMISED.
(d) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF spalotto.com.
(f) TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, spalotto.com DISCLAIMS ANY AND ALL SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM spalotto.com OR THROUGH THE USE OF SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD spalotto.com AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THIS USER AGREEMENT, INCLUDING THE DOCUMENTS INCORPORATED BY REFERENCE; (B) YOUR VIOLATION OF ANY PROVINCIAL, FEDERAL, FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (C) YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.
HOW TO RETURN A PRODUCT - CHECKLIST
Make sure you have:
Contact spalotto.com to get a Return Authorization Number (RAN)
Print the RAN number on the outside of all returning parcels. Packages without a clearly marked, valid RAN will be refused.
Ship the Product for which you are returning and your proof of purchase to the address provided to you by spalotto.com.
OTHER MANUFACTURER WARRANTIES
Certain manufacturers may offer other warranty terms for the Product. Check with the Product manufacturer for details. You must look to the applicable manufacturer for any Product warranty offered by such manufacturer and not spalotto.com.