General Business Terms and Conditions for Using CitiBidz.com online Services
The General Business Terms and Conditions (hereafter referred to as: GTCs ) of the CitiBidz.com (hereafter referred to as CitiBidz ) for the use of CitiBidz online services in Hong Kong can be found in the following provisions. The user is obliged to gain an extensive overview of the functions and operation of the website. The CitiBidz 'Help' comments can be an aid in this purpose. The Help comments contents are an accompaniment to the following GTCs and acknowledged by the user through their utilization of CitiBidz online services.

1. Validity and Compliancy
1. The GTCs and guidelines of CitiBidz. (Here after referred to As CitiBidz) for the use of services offered on the CitiBidz website can be found in the following provisions. CitiBidz is the provider of particular auctions with gaming elements found on this web site. They serve to regulate the contractual and operational relationship between CitiBidz and the users of the auctions found on this website (hereafter referred to as participants). They apply to every participant, whether they are natural persons or legal entities. The participant declares his/her consent with these General Terms and Conditions by checking the I have read and accept the GTC box when establishing their user account.
2. CitiBidz reserves the right to change these GTCs, at any time and without stated reasons. The participant will be notified of changes to the GTCs, by e-mail. Modified GTCs, are regarded as being accepted by the participant, if their validity is not contested within two weeks. These GTCs, are valid as of 04th April 2009.
2. Contract, Eligibility, Registration
1. The contractual partner of the participant is CitiBidz
2. Those eligible to participate are persons older than 18 years. Excluded are CitiBidz employees, their relatives and dependants. The contractual conclusion for the purchase of Credits (see par. 4 of these GTCs) or for wares within a checkout process (see par. 8 of these GTCs) occurs through a participant offer and acceptance through CitiBidz. The participant enters their offer by means of the online form through the click of the button PAY NOW (with Credits) or CONFIRM ORDER (with products). CitiBidz declares its acceptance in an e-mail communication to the participant.
3. In order to make use of the site, a user must complete the statements contained in the registration form. Please read the relevant data protection regulations. Each user is only permitted to register once under their postal address (residence). CitiBidz and participants are obliged to keep passwords confidential. CitiBidz will not make passwords available to third parties. CitiBidz will request participant passwords neither by e-mail nor by telephone.
4. The participant is responsible for the use of his/her user account and password, as long as there has not been a breach of due diligence. If the participant is not responsible for the misuse of his/her user account or password, he/she shall not be liable for damages.
3. Participants Expulsion
1. Participants may be excluded from the site at any time at the discretion of CitiBidz. Such an exclusion is imperative when a participant has violated legal regulations, third-party rights or these GTCs; or in the case of a legitimate interest on the part of CitiBidz or the portal operator, particularly outstanding payments or other matters for the protection of other participants.
2. Furthermore, CitiBidz is entitled to change (in particular to reduce or suspend) its services at any time and without prior notice. This does not apply to ongoing auctions.
4. CitiBidz Credit Purchase, Credit Account
1. In order to participate in CitiBidz auctions, the participant must purchase so-called Credits. Credits are a fictitious currency used in paying for online services (for participating in auctions) offered by CitiBidz, but not to pay for auction items. One CitiBidz Credit bought singly corresponds to the equivalent value of $1.00 (one dollar). Credits may be purchased singly or in packages of between 10 and 5,000 credits. The participant must purchase a balance of Credits before taking advantage of CitiBidz services. Each participant s current account balance will be displayed in their customer account area. Account balance statements are non-binding and do not in themselves justify entitlement to the use of CitiBidz online services at their equivalent value. Participant account balances are not transferable.
2. Payment can be made by any of the payment methods offered (e.g. credit card , advance payment). Participants do not have the right to the use of any payment method. An invoice for Credits is due immediately. In the case of an effective cancelation of a contract, the booked amount is refunded within four weeks by CitiBidz, however, in many cases you will be refunded even faster. Eventual fees incurred for returned direct debits are to be reimbursed by the participant when they are at fault. In the case of a return debit note, CitiBidz reserves the right to deny access to a user account until full payment of the invoice amount has been made.
5. Unique Bid Auction Procedure
1. Auctions in the category Unique Bid are posted for a pre-determined duration. A countdown which indicates the remaining auction period is displayed alongside each offer. A participant can place a bid of their choice for the duration of an offer. The fee to place a bid is determined by the price of a bid at the time of placement; currently, it amounts to one CitiBidz Credit. The fee is debited to the Credits account of the participant at the time of the bid placement. The auction concludes with the lapse of time. The lowest bid, which also comprises a singular amount, is the winner. All other bids lose their validity and expire. The purchase price for all Credits used in the placement of all bids will not be re-imbursed. During the auction period, participants are informed online about the status of their bid and also receive notification by e-mail as soon as the status of their bid has changed. Additionally, the rules found under How does it work? also apply. The participant declares that s/he has read and fully comprehended these regulations and is in agreement with them.
2. A bid submitted by a participant represents an offer to CitiBidz for the purchase of an entitlement upon conclusion of a purchase contract in the amount of the bid and additional shipping fees. As aforementioned, the entitlement is established through the awarding of a win as soon as the auction is concluded. In order to purchase the auctioned item, the participant must complete the checkout process according to par. 8 of these GTCs. The entitlement can neither be transferred to third parties nor burden the rights of third parties.
3. If the bidding requirements (sole lowest bid at a certain price) are not fulfilled, neither a participant win nor an entitlement to a contractual agreement with a participant is established. The item remains the property of CitiBidz. The bids placed for the item expire and the Credits used in bidding for the item are not refunded.
6. Xpress Auction Procedure
1. Auctions that run under the category Xpress are placed with a pre-determined start price. Each valid price is determined by participants and remains hidden. Each participant can view the actual purchase price at any time, thus reducing the price (each time it is disclosed) by $ 0.50 (Fifty cents). The fee for the disclosure of the price is determined by the fee at the time of viewing: currently it amounts to one CitiBidz Credit. The fee is debited to the Credits account of the participant at the time of the viewing of the actual price. The auction concludes upon the initiation of the purchase process by a participant through the clicking of the BUY NOW button. The participant who first activates the BUY NOW button is the winner. All previous Credits used to disclose and reduce the sale price are no longer valid. The purchase price for all Credits used in revealing and reducing the sales price are not refunded. Additionally, the rules found under How does it work? also apply. The participant declares that s/he has read and fully comprehended these regulations and is in agreement with them.
2. By winning, the participant acquires an entitlement to the completion of a sales contract for the price of the winning amount and additional shipping fees. In order to purchase the auctioned item, the participant must complete the checkout process according to par. 8 of these GTCs. The entitlement can neither be transferred to third parties nor burden the rights of third parties.
3. If the winning requirements (the clicking of the BUY NOW button by a participant) are not fulfilled, neither a participant win nor an entitlement to a contractual agreement with a participant is established. The item remains the property of CitiBidz. Credits used to disclose and reduce the sales price expire and are not refunded.
7. ZerO,- Auction Procedure
1. Category ZerO,- auctions begin with a pre-determined start price. Each valid purchase price is determined by the participants and remains hidden. Each participant can disclose and view the actual purchase price at any time, thus lowering the price each time by $ 0.25 (twenty five cent). The fee for the disclosure of the purchase price is determined by the price of the fee at the time of viewing: currently it amounts to one CitiBidz Credit. The fee is debited to the Credits account of the participant at the time of the viewing of the actual price. The auction concludes once the sales price of $ 0.00 (zero US$) is reached. The participant who, by clicking the Show price button, lowers the purchase price to null dollar, is awarded the auction. The awardees receives a non-binding notification via email, which informs him/her about being awarded the auction. All other Credits employed in the disclosure and reduction of the purchase price expire. The price of all Credits used to disclose and reduce the purchase price are not refunded. Additionally, the rules found under How does it work? also apply. The participant declares that s/he has read and fully comprehended these regulations and is in agreement with them.
2. By winning, the participant acquires an entitlement to the completion of a sales contract for the price in the amount of null dollar plus shipping charges. In order to purchase the auctioned item, the participant must complete the checkout process according to par. 8 of these GTCs. The entitlement can neither be transferred to third parties nor burden the rights of third parties.
8. Purchase Completion
1. Auction items are to be paid using one of the displayed payment methods. They cannot be paid using Credits. The sales contract is concluded within the context of the checkout process between the winning participant and CitiBidz in compliance with par. 2, sect. 2 of the GTCs. In the Unique Bid category auctions, the purchase price is determined by the winning bid. In Xpress category auctions, the purchase price is determined by the price reached at the conclusion of the auction. In ZerO-, auctions, the purchase price always amounts to null dollar. The purchase completion process is initiated by the winning participant by clicking the ORDER NOW button. This button is located in the Member menu under the Completed auctions listing behind each auctioned item. In Xpress category auctions, the purchase process can also be initiated directly by clicking the BUY NOW button. It is currently only possible to ship items to a valid postal address in Australia. Auction items must be ordered and paid within a time period 15 minuets Express Bid or two weeks ZerO Bid. This time limit commences with the conclusion of the auction. Once the time limit has expired, the right of entitlement is no longer valid. The item remains the property of CitiBidz.
2. The participant is obligated to inform him/herself about the results of an auction. Participants in Unique Bid and ZerO,- auctions are informed via email whether they were awarded the auction or not. After a successful order, the participant receives an invoice of the auction price together with shipping costs. Regardless of the invoice, the participant is required to pay the total amount within two weeks after the auction s end for Unique Biding and before timer end for Express bidding (see 8 (1)). The total sum must be received in the appointed account within the time limit. Once the time limit has expired, the right of entitlement is no longer valid. The item remains the property of CitiBidz. Paid and expended Credits will not be refunded to participants in this case. Goods will first be shipped after the payment of the purchase price, including shipping costs. Beforehand, CitiBidz reserves the right to withhold performance. A further pre-requisite for delivery is that all Credits are paid for and that participants accounts are balanced. Initially, incoming payments will be calculated according to existing participant liabilities from the purchase of Credits.
9. Cancelation Terms
1. If you are the consumer, you can cancel your contract statement, without specific reasons, within two weeks after receiving items or purchasing Credits. To ensure the revocation period, a notice of cancellation, or the goods, must be sent in due time. Cancellations can be sent to:CitiBidz Address or must be submitted through our contact form at www.citibidz.com
2. In case of an effective cancellation, we refund you the paid amount. Shipping costs will only be refunded, if the return is a result of our error. Paid amounts for Credit packages will not be refunded, if one or more credits of the purchased package were used by the participant.
10. System Failure
1. In case of a system failure, which cannot be excluded according to the current state of technology, active auctions will be halted, as far as the system is able to recognize this beforehand and that it is technically possible. After the removal of the error, the auction will be continued. If an auction is completed during a system failure or limited system availability, this shall not have any effect on the auction results. System and email notifications informing the participant about being awarded the auction are non-binding. In case two or more participants are notified of being awarded the auction, the participant who has received an email notifying him/her about being the awardee shall be given priority over the other participants in being eligible for purchasing the item. In case of multiple notifications, CitiBidz reserves the right to analyze the systems timestamps and to determine the participant who is eligible for purchasing the item accordingly. In all cases of system failure, a claim to the re-imbursement of the purchase price of expended Credits does not apply. Neither CitiBidz nor the operator of this internet portal guarantees the continuous operation of the system. CitiBidz or the portal operator are not responsible for damage resulting from the use (or lack thereof) of CitiBidz services by users or third parties. Likewise, CitiBidz or the portal operator is not responsible for damage resulting from technical defects, which prevents users from placing bids or placing bids in a timely manner.
11. Legal Succession
1. CitiBidz is entitled to fully or partially transfer its rights and duties resulting from contracts with participants to a legal successor.
12. Liability Exclusion/Limitation
1. CitiBidz shall not assume any liability for actions of a participant and the resulting claims from another participant or third party, to the extent that the participant is responsible for this. Legal claims that could arise against CitiBidz in this respect are assumed by the responsible participant. The accountable participant shall also assume the costs of a legal defence with regard to possible emerging solicitor, court, expert or other costs in connection with an extra-judicial or judicial legal dispute. This disclaimer does not apply when the participant is not responsible for damages that have arisen.
2. To the full extent permissible by applicable law, CitiBidz is only liable for specific foreseeable and typical damage arising from a contractual conclusion. A liability for secondary damage, such as, for example, lost winnings, is excluded. CitiBidz disclaims all other warranties. CitiBidz will not be liable for any damages of any kind arising from the use of this site. Please note, that under several state laws you may have more extensive rights.
13. You acknowledge and agree that:
1. Product images and model numbers used on this website are for illustration purposes only and actual items may vary in appearance. Package contents are at the discretion of the manufacturer and may vary from those described from time to time. We will not accept any liability for any loss or damage, which may be incurred by any person acting in reliance upon this information. All brands, logos, images and names are trademarks of their respective companies. You acknowledge that you are the importer of the items that are coming from overseas distributors. You also acknowledge that should there be any duties or customs fees that you are responsible for such fees or duties. The cost of delivering the product to you is in addition to the price of the product and must be paid at the same time you pay for the product in full. Before you complete your purchase, we will confirm with you how the product will be delivered to you and the cost of delivery. Ownership of the product remains with the overseas distributor until delivery to you. You will be responsible for any labelling requirements relating to the product that maybe imposed by S407 of the Telecommunications Act 1997.
14. Interference in Data Processing Activities
1. Each participant, either themselves, indirectly through third parties or with the assistance of programs is prohibited from interfering in, influencing, disrupting, copying without permission, disseminating or otherwise manipulating data processing activities underlying the CitiBidz website. This is also applicable with regard to the website layout, and in particular, to CitiBidz shops. Participants are not permitted to use bidding software; such use can result in expulsion.
15. Written Form, Applicable law and Legal Jurisdiction
1. Declarations undertaken in the contractual relationship with CitiBidz must be in written form and sent to the address indicated in the imprint or sent to us by e-mail. With contractual relationships with companies, the parties agree to the applicability of the law of Hong Kong, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. To the extent that merchants are involved in the contractual relationship with CitiBidz, the legal jurisdiction is agreed to be Hong Kong.
16. Severability Clause
1. If a provision of these GTCs, should be invalid, the remaining provisions shall retain their validity.