Buyer Terms

SKIESDEALS provides an SKIESDEALS where you can buy special objects from Sellers worldwide. It is important to us that SKIESDEALS is safe and reliable for both Buyers and Sellers, which is why we have implemented some important rules for bidding and buying on SKIESDEALS (the ‘Buyer Terms’). 

These Buyer Terms also describe and set out certain rights and obligations under the Contracts of Sale you directly enter into with Sellers. By agreeing to these Buyer Terms, you agree in advance that the aforementioned rights and obligations are part of each Contract of Sale and that you will be bound by these terms towards contractual counterparty. Consequently, such terms can be invoked against you and/or by you as part of the Contract of Sale. Such terms will supersede any terms in the Contract of Sale that are incompatible with them. In addition, a Seller may have uploaded further terms or conditions for the Contract of Sale, which shall then be presented to you on SKIESDEALS. In our Seller Terms, you can find certain rights and obligations of Sellers under the Contract of Sale.

 

Article 1: Purchasing Offers

Before placing a Bid, make sure you’re aware of the following: 

  • You enter into a Contract of Sale with the Seller.If your Bid is successfully accepted by the Seller, either in the Bid or Auction process, you will automatically enter into a Contract of Sale with the Seller of the Offer for the amount of the Purchase Price. SKIESDEALS is not a party to or subject to the Contract of Sale or any other arrangements made between the you and the Seller pursuant to the Contract of Sale between you and the Seller (including but not limited to shipment arrangements). SKIESDEALS is (therefore) not subject to any post contractual information obligations.
  • We charge a non-refundable fee for your use of our Services.Where applicable, if any, The Buyer shall pay for a Participation Fee when making a bid,  or/and Platform Fee when accepting an offer. We will add this amount to the Purchase Price. We also provide Services and charge a fee to the Seller (please see for more details our Terms of Use and the Seller Terms). By accepting these Buyer Terms, you explicitly consent to us charging a fee to both Seller and Buyer for the same transaction.

 

Article 2: Paying for Offers

If you are the successful bidder on an Offer at the end of an auction or a bid that you have accepted for that Offer, you will automatically enter into the Contract of Sale with the Seller of that Offer, you will pay for the Offer in accordance with our instructions and the payment terms below. 

  • After accepting or winning your Offer, you will be charged immediately. Your credit card will be charged once you have accepted the offer or being the successful bidder, you are required to pay (i) the Purchase Price and shipping or transportation costs (if any) to the Seller and (ii) the Auction Fee to us. You are responsible and liable for any costs (such as bank costs), taxes (such as withholding taxes and VAT), duties, and levies due in respect of these payments. You will pay through our payment service provider and your payment will be charged and held by the payment service provider in an escrow account. The specified payment period will never be regarded as a statutory limit. This means a notice of default is required before the Seller can dissolve the Contract of Sale due to your failure to pay. 
  • You guarantee your purchase is legitimate.You warrant that you do not purchase the Offer as part of a fake or illegal transaction and that you and/or third parties are not engaged or involved (directly or indirectly) in any activity which may imply money laundering in any form or manner whatsoever. SKIESDEALS is obliged to comply with applicable laws, regulations and sanctions concerning money laundering and terrorist financing. These laws and regulations require us to prevent money launderers from using our SKIESDEALS as a channel for their illegal activities and to identify and report suspicious transactions.
  • No violation of law.You may not use a financial institution or other third party that would result in or cause a violation of law applicable to any of the parties, including any economic sanctions laws and regulations applicable to SKIESDEALS.

 

Article 3: Failure to fulfil your obligations towards the Seller

If you fail to fulfil your obligations towards the Seller under the Contract of Sale in full and in a timely manner, you will be in default and the Seller will be entitled to dissolve the Contract of Sale. We may send you a notice of default and a notice of dissolution on behalf of the Seller, but we are not obliged to do so. In case of a dissolution of the Contract of Sale, you will compensate the Seller’s damages, without prejudice to any other rights the Seller has.

 

Article 4: Failure to fulfil your obligations towards SKIESDEALS

If you fail to fulfil your obligations towards SKIESDEALS under the Terms of Use, we may decide to cancel the transaction of the relevant Offer. This cancellation is not the same as a dissolution of the Contract of Sale and the Seller is free to obtain his rights under the Contract of Sale with you directly. If we cancel the transaction, we can hold you liable for any and all damages and costs we sustain and/or incur as a result of the cancellation. This means you will still owe us the Bid Fee or the Auction Fee in addition to any other damages. You will also be liable for the amount of the Seller’s Commission that we missed out on as a result of the cancellation.

Consequences of your failure to comply with our Terms of Use

If you have breached our Terms of Use, and we are made aware of issues with your conduct or behaviour or we believe in good faith that they are necessary to protect SKIESDEALS, other Users, or it is in the general (public) interest to prevent fraud or other illegal activities, we may take one or several of the following measures:

  • Temporarily or permanently limit your access to SKIESDEALS or your authorisation to bid on and/or buy Offers;
  • Temporarily or permanently revoke any special status associated with your Account;
  • Temporarily or permanently limit your access to your Account;
  • If you (i) have not provided accurate bank or identification details upon our first request within a reasonable period, (ii) have been flagged by our payment service provider(s), or SKIESDEALS determines or is otherwise directed by any competent authority that it would be prohibited or sanctionable under any economic sanctions laws and regulations applicable to SKIESDEALS to perform any Services to you, you will be in default and (a) any payment (including a refund) may be withheld or (b) you will forfeit the right to receive payment (including a refund);
  • If you paid for an Offer with your credit card and, even though the Seller was not in default, you filed a successful chargeback, we are allowed to (i) block your Account, (ii) set-off any claims we have towards you, (iii) block any future payments (including refunds) to you, and (iv) initiate legal proceedings against you;
  • If we have reserved a payment on your credit card and you place the top Bid but don’t pay the remaining amount after the purchase, the Auction Fee (up to USD1.000) will be charged to your card. Any remaining amount of the reserved payment will be released. 

If our agreement is terminated or access to your Account is suspended while you still have certain obligations towards a Seller under a Contract of Sale, we may cancel the transaction(s) in our system.

We are also allowed to impose an immediately due and payable penalty of USD1,000 (one thousand united states) for every violation of these Terms of Use, without prejudice to our right to recover the actual damages. We try to give a warning first before imposing this fine. However, in the event of a severe infringement, we will impose the fine without notice. The penalty will increase by 10% (ten percent) for each subsequent violation of our Terms of Use. If possible, we will set-off this penalty in accordance with our Terms of Use. 

 

Auction rules

In order to ensure that our SKIESDEALS Auctions run smoothly and are free from interference, immoral, fraudulent and unlawful behaviour and behaviour that is contrary to our Terms of Use, the following rules apply: 

  • Our instructions are binding. You will comply with any and all reasonable directions and instructions with respect to our Auctions that are given by us or on our behalf. If a situation arises that is not covered in our Terms of Use, if there is a dispute between Users, or if other irregularities arise, we will decide how to proceed. For example, in case there is doubt about the authenticity of an Offer, we may instruct you to send the Offer to us.

 

  • Every bid is binding. Every bid submitted in SKIESDEALS via the automated procedure(s) provided for by us (‘Bid’) is binding and any Bids made from your Account will be deemed to have been made by you, even if the Bid is placed by someone else who uses your Account.

 

  • We do not allow shill bidding. Shill bidding is when someone bids on an item to artificially increase its price, desirability, or search standing. Shill bidding can happen regardless of whether the bidder knows the Seller. However, when someone bidding on an item knows the Seller, they might have information about the Seller's Offer that other Buyers aren't aware of. This could create an unfair advantage, or cause another Buyer to pay more than they should. We want to maintain a fair SKIESDEALS for all our Users, and as such, shill bidding is prohibited on SKIESDEALS. This includes but is not limited to bidding on your own Offers and/or the Offers of someone related to you. You are also not allowed to have someone related to you bid on your Offers or to instruct someone to bid on your Offers. 

 

  • The SKIESDEALS end when the set time runs out.If a Bid is placed during the last minute of an ongoing auction, extra time will be added to the auction.

 

  • We may require certain forms of security before accepting your Bid.You may be requested to provide an extra bidder guarantee before you are able to bid on an Offer, such as by providing your credit or debit card information so that your Bid may be properly confirmed or provide proof of payment security in another way. 
  • We may terminate your participation in SKIESDEALS.We are entitled to temporarily suspend or permanently disable the possibility for you to bid on specific Offers in SKIESDEALS at any time (before, during, and after).

 

  • We may remove a Bid from SKIESDEALS.We are entitled, at our own discretion, to remove a Bid from SKIESDEALS if we deem this necessary, such as in the event of possible abuse or fraud or in the event of a mistake.

 

  • We may remove an Offer from SKIESDEALS.We are entitled, at our own discretion, to remove a Offer from a scheduled or active SKIESDEALS if we deem this necessary. If we remove a Offer, all placed Bids will be removed as well.

 

  • We may, in exceptional circumstances, dissolve a Contract of Sale.In exceptional circumstances, including but not limited to force majeure, situations of (suspected) fraud or illegal activity, errors in or outages of our SKIESDEALS or situations in which there is a risk of serious adverse consequences for SKIESDEALS or any of our Users, SKIESDEALS has the right to dissolve a Contract of Sale, such without any (notice of ) default or other condition of formality being required. You irrevocably agree that SKIESDEALS has this (third party) right under the Contract of Sale and that this right can be invoked against you. In addition, you hereby grant SKIESDEALS an irrevocable power of attorney to invoke this right.