Terms & Conditions

 

 

 

 

DISKVAR TERMS AND CONDITIONS AGREEMENT



 

Contents

 

  1. Notice

  2. Diskvar's services summary

  3. primary Event Terms 

  4. Seller’s Special terms of sale

  5. Relationship Between Diskvar and Sellers

  6. Seller commitments

  7. Buyer Commitments

  8. Buyers and Sellers Disputes  

  9. Disputes of users with Diskvar

  10. Information Collected by Diskvar

  11. Export and Import laws

  12. Prohibited activities on This Website 

  13. Updates of Terms and Conditions

  14. Banned Parties

  15. Diskvar Actions on Accounts

  16. Electronic Means 

  17. Payments to Diskvar

  18. Termination 

  19. Integration and Severability 

  20. Third-Party Sites 

  21. Indemnification 

  22. Our Proprietary Rights

  23. limitation of liability 

  24. Disclaimer








 

1. Notice

 

Before using Diskvar's website or services, please read these terms and conditions carefully.

These terms and conditions ("Terms," "Terms and Conditions") govern your relationship with the website www.Diskvar.com. Your use and access to our service are contingent upon your approval and obeying those terms, which apply to all users, visitors, and anyone who accesses or uses the service. By using or accessing the service, you consent to be bound by those Terms. In case you do not agree to any portion of the Terms, you may not use the service. 

 

"service", “services",”platform”, "we," "us," and "our" refer to Diskvar.

"You," "your," and "User" refer to the individual or entity who uses the Diskvar's services or website as a Buyer,  Seller, or otherwise.


 

2. Diskvar's services summary

Diskvar is an online marketplace specified in trading and advertising a wide variety of vehicles and their attachments, accessories, and spare parts.

We connect buyers and sellers through our platform.

Events on Diskvar take two formats:

auctions: Diskvar runs and hosts online auctions on behalf of sellers (dealers).

Buy it now: sellers list their inventory on Diskvar to reach out to buyers using our platform. 

We also provide a variety of advertising options for inventory or businesses alike.

 

 3. primary Event Terms 

Buyers and Sellers acknowledge and agree to the  following primary Event Terms (except as expressly outlined in any Special Terms of Sale):


 

3.1. Seller accepts that all items sold "AS IS" (in an attempt to disclaim any implied warranties)  must be described in an obvious and precise way to clarify any recognized defect(s) of the item (for example:  broken, missing parts, for parts only).

 

3.2. Inquisitions about any item offered for sale should be directed to the event organizer not less than 48 hours before the event starts. 

We prompt Buyers to fully verify the source, authenticity, and state of the items offered for sale before making bids or purchases, and such verifications are the sole responsibility of buyers. 


 

3.3. For auctions, the Seller enables potential Buyers to compete in the auction through online bidding. Buyers admit and accept that such service may not operate perfectly on the day participating in an auction. The buyer can not make any claim against the seller or us in case of any defaults in the internet service during participating in an auction. The Seller is not responsible for any dropped bids from any source.

 

3.4. In auction events, if the Seller determines that any opening bid is not proportionate with the worth of the item being sold, the Seller has the right to refuse that opening bid and remove the item from the sale.

If the Seller decides that any advance is not enough, after he has acknowledged an opening bid, the Seller has the right to refuse the advance. 


 

3.5.The faultless way to verify details of any pictures is by personally inspecting the related item.

The Seller is not responsible for any difference between any catalog pictures and the original item Because digital photography may fail to get a precise and proportionate reproduction of an item's color. 



 

3.6. The Seller may delay or cancel the sale or auction, remove any item from the sale or auction, or modify any conditions or terms of the sale or auction before the starting date. 

 

3.7. All printed materials may be displaced by announcements made on the day of the event 

 


 

3.8. in an auction, some items may have a reserve price, which is the secret minimum price below which such items will not be sold. 

 

3.9. The Seller sets Diskvar's premium, which will be added to the highest bid and together (the highest bid plus the Diskvar's premium) will form the total purchase price amount that the Buyer will pay. 

 

3.10. If no escrow Services are employed, when a buyer wins the auctioned item(s) after the seller's absolute consent, the won item's ownership directly transfers to the Buyer, who consequently:

(a) takes the full risk and responsibility.

(b)  must pay the total purchase amount as the Seller may demand. 

At this point, The item(s) becomes the Buyer's complete and personal liability, and any risk of loss and damage is incurred by the Buyer.

The auctioneer and clerk keep the record of sale, which will be taken as ultimate and conclusive in any disputes. 



 

3.11. In case the Seller is the one who selects the Escrow Services, then the Seller is pledged to pay the Fees of Escrow. 

In case the Buyer and Seller do not determine a period within which the items are inspected prior to releasing the escrowed funds. Whenever the escrow account is fully financed, it will be released to the Seller's account. 

 

3.12. Unless shipping options are offered by the Seller, The buyer is responsible for the delivery of the purchased products.

 

3.13. Removal or/and storage fees may apply to the buyer if the buyer could not pick up or ship the sold item(s) within a reasonable duration.

 

3.14. Costs of shipping and/or packing are not included in the value of a purchased item. A Buyer who intends to resell products should be aware of shipping costs before submitting bids.


 

3.15. The Buyer has to pay the purchase amount due to Seller for any bought products within thirty (30) days after reception of an invoice. The terms of the invoice are applied to Such payments.



 

3.16. Within a reasonable duration of time, If a Buyer noticed in writing to Seller that the sold item is forged and after such notice,

the Buyer returns the purchased item to the Seller in the identical state as it was when sold and persuades the Seller that the returned item is forged. Accordingly, the Seller shall cancel the deal and refund the purchase price to the buyer according to applicable EU, international consumer protection laws, or any other laws or regulations. 




 

3.17. The primary Event Terms form a legally binding contract between the two parties (buyer and Seller). The Special Terms of  Sale shall govern and rule If there were any conflict or disagreement between the Special Terms of Sale and any primary event terms. 

Such a contract shall be construed and enforced according to the applicable local laws (including but not limited to customer protection laws) of the seller's state, without giving effect to the conflicts of laws principles of the previously mentioned state.


 

The Seller acknowledges and agrees that Diskvard does not guarantee the enforceability of the primary Event Terms because such terms may not be proper or suitable for use Depending on the state, seller, and event.


 

User admits and accepts that Diskvar is not responsible or committed to ensuring compliance of Buyers or Sellers with the primary Event Terms or Special Terms of Sale. 




 

4. Seller’s Special terms of sale

all events are run by independent sellers. Sellers are responsible for running and organizing sales on their own.

This Agreement includes the primary terms ruling the relationship between buyers and sellers; however, each Seller has the right to modify those primary terms for a seller’s event and may require special Terms of Sale for buyers involvement  In such an event.

 

Sellers reserve the right to reject or approve a buyer for a seller’s event.

Registering as a buyer on Diskvar does not guarantee that the buyer will be approved to participate in any event hosted by Diskvar.

A buyer must carefully read and accept the seller's special terms of sale (if any) before participating in any event.

changes to the special terms of Sale associated with a running event shall not be made by a Seller unless the Seller has provided written notice to all participating Buyers in the event. Any participating Buyers who have not been provided with such notice shall have the right to retract the Buyer's bid. 






 

5. Relationship Between Diskvar and Sellers

Sellers admit and agree the role of Diskvar concerning selling items is limited to provide a channel through which potential buyers can purchase their items or engage in their auctions hosted by Diskvar.

 

Diskvar does not have control over Sellers or their events. Diskvar is not responsible for:

(a) any seller's postings or content.

(b) reviewing or evaluating the quality or source of the products sold or validating the claims made by the Seller concerning its items.

(c)correctness and accuracy of any postings or content on this website. 

No User has a claim upon us about any postings or content on this website.  

Diskvar reserves the right to record the Sellers' postings, But it is not obligated to do so. If Diskvar decides, in its sole discretion, that any content posted on the website is improper, Diskvar has the right to eliminate such content from the website and/or suspend such seller account from using this website.

 

Diskvar has the right to periodically monitor events to ensure they are operating with the best performance. 

When our team observes that Seller's online Buyers are undergoing a bad experience for any reason, or in case of the software operator shows an insufficiency to operate the software application correctly,

then Diskvar may, in its sole discretion (but not obligated to), undertake the role of software operator. 

For such additional services, Diskvar will charge the seller the then-current rate.

 

6. Seller commitments

6.1. Seller Registration and Approval: To use Diskvar's services as a seller, you must first register for a seller account at Diskvar.

A tax identification number is required for seller registration on Diskvar.

Approving a new seller is subject to our sole discretion.

 

6.2. Fees and Taxes.  

6.3. Auctions:

(a) Selling formats: a Seller can list items in two formats: (1) a buy-now listing or (2) an auction listing. 

(b) Cancellation: sellers have the sole discretion to cancel an auction event for any reason, for example, but not limited to: the maximum bid does not meet the reserve price (if any).

(c) Catalog: To operate an auction on Diskvar, Seller has to submit to Diskvar all the content for the catalog within no less than three (3) weeks before the auction starting date. Any failure by the Seller to do so, Diskvar may, in its discretion, cancel the Auction.

(d) Prohibited Items:  Seller expressly acknowledges and agrees to not listing any Prohibited items for sale if selling those items would violate any term(s) of this agreement or any applicable local, state, national or international regulations or laws. 

 

6.4  Exactness of Materials: Diskvar is not responsible for any inaccuracies or oversights in any materials provided to us by sellers like titles, subtitles, descriptions, multimedia (like images, videos, etc..); we are also not liable for any damages resulting from such inaccuracies or oversights.

The seller acknowledges his responsibility for the exactness of the information provided by him (the seller) or by any agent of the seller; this information includes but is not limited to listings, catalogs, or other materials of any kind.

The seller admits to not intentionally misrepresenting any item. 

The seller must provide catalog descriptions that describe items for sale accurately and include original images. Using stock images is not allowed. 

 

6.5. If Seller posts the appraised price of an item, an independent third-party appraiser must perform such Appraisement. 

For any products posted by Seller for sale within Diskvar, the Seller is not allowed to act as the appraiser.

Diskvar has the ultimate right to demand supporting documentation for any appraisal issued by Seller, and Seller acknowledges providing such documentation immediately. 

 

6.6. When a Seller posts the value of a product, the declared value should be the product's fair market value as determined in good faith using objective appraisal procedures. Diskvar has the right to demand supporting documentation for such appraisal, and Seller acknowledges his agreement to immediately present such documentation. Diskvar may also, in its discretion, order a Seller to modify or remove a listed value or item from the platform.




 

6.7. Diskvar does not check Seller's claims regarding your auctioned/sold items or assess the quality of auctioned/sold products. Diskvar has the right, in its sole discretion, to:

(1) forbid a Seller from advertising or selling some items.

(2) replace any content or picture on this platform. 

(3) Ordering Sellers to update or remove any item(s) from this platform.

ِِ(4)Take Actions on Accounts according to our policy for Prohibited Uses violations of this Website.  


 

6.8. Diskvar may, at its sole and absolute discretion, use any content provided to us by the seller for marketing and advertising purposes. Market or advertise any of Seller's events or products.

 

6.9. Licensing: When using this Site, the Seller agrees to comply with all applicable local laws. Any use of this website in violation of any applicable laws will be grounds for termination of your rights to this website.

For acting as (for example and without limitation to) a dealer, seller, auctioneer, business licensor, or holding the license, the seller must be licensed under all applicable laws and regulations.





 

6.10. The seller has to invoice the winning Buyer and reconcile its event within twenty-four (24)  hours of the event's end date.  

For any modifications or corrections to the incipient reconciliation, Contact us at  ifo@Diskvar.com. 


 

6.11. Acquiescence to Laws Related to Selling specific products: The seller admits and accepts that the promotion, advertisement, sale, and distribution of some products are subject to various applicable laws and regulations.



 

Seller acknowledges and agrees to comply with any applicable international and local laws or regulations related to the licensing, distribution, or selling of any products Seller advertises or sells through Diskvar.

 

The seller admits and agrees the role of Diskvar concerning selling items is limited to provide a channel through which a potential buyer can purchase items or engage in events hosted by Diskvar.


 

ِِAs a Seller you agree to protect, indemnify and hold Diskvar, its  administrators, representatives, employees, shareholders, assigns, directors,  successors and , harmless from and against any  responsibilities, harms, damages, judgments, sentences, fines, costs, obligations, litigations and claims of every kind and character, as incurred, resulting from, relating to, or arising out of:

(a) posting, selling, or distributing items that violate any applicable laws or regulations.

(2) Seller's activity on Diskvar related to selling items subject to any applicable laws or regulations.

(3) The suspicion or real infringement of applicable laws or regulations by the seller.




 

7. Buyer Commitments

7.1.Payments to Seller: in auctions events Placing a bid is a legally binding commitment. The winning Buyer agrees to pay his bid amount plus all charges and applicable taxes in the time and manner stated by the Seller. When such payments are not fulfilled, this will be considered a breach of this Agreement. Buyers are forbidden from relisting or selling any won item on  Diskvar before completing the full payment to the Seller. 

 

7.2.Payment to Diskvar: all parties admit and agree that Diskvar is paid a percentage; this percentage is determined by Diskvar according to the associated event of any successful bid or purchase accomplished using the Diskvar Services (“Diskvar Premium”), where the Seller adds such Diskvar Premium to The overall purchase price due from the successful Buyer. Each buyer admits and agrees that buyer's use of the Diskvar Services to become the winning buyer is contingent upon the buyer's payment of the Diskvar Premium to Diskvar; such payment commitment is not conditioned with the accomplishment of the sale transaction between Buyer and Seller. The winning Buyer agrees to pay the Diskvar Premium to Diskvar within fifteen (15) days of the date of the bid/purchase offer. Regardless of Buyer's payment obligation to Seller was accomplished or not for any reason. If any payable amount is not fulfilled by the user (buyer or seller) owed to Diskvar within the due date, interest and collection fees will be charged.

 

7.3.Due Diligence: Diskvar is not responsible for any inaccuracies or oversights in titles, subtitles, descriptions, multimedia (like images, videos ... etc.), or any damages resulting from such inaccuracies or oversights.

When a buyer decides to purchase/place a bid on an item, it is the buyer's sole responsibility to check the condition and description of the item.

The buyer also expressly approves obeying all applicable laws and regulations when concluding transactions on Diskvar.


 

7.4.Username and Password: When you create an account, you must provide us with accurate, complete, and current information. Failing to do so forms a breach of the terms, and that may result in immediate termination of your account on our Service.

 

The responsibility of protecting the password associated with your account used to access our services is solely your responsibility.

You agree that you may not disclose your password to any third party. When you get aware of any security breach or unauthorized use of your account, you must inform us immediately.

 

You undertake not to use a username of another person or entity, or that is not available for legal use, or a name or trademark subject to any rights of another party other than yourself without proper authorization, or any other improper, fictitious, or obscene names.

 

7.5.Financial Obligations: For any purchased items, the responsibility of any related payments, refunds, or deposits is the sole responsibility of The Buyer and Seller. Diskvar is neither directly nor indirectly engaged in nor responsible for such payments, refunds, or deposits.



 

8. Buyers and Sellers Disputes  

 

8.1. each Seller must have a pronounced return policy and privacy Policies in the Seller's Special Terms of Sale, even if such return policy states that returns are not allowed. 

 

8.2. Seller is liable for all cancellations, chargebacks, claims, expenses, forfeits, penalties,  or any other obligations that Diskvar, other users, or a third party may incur as a result of  Seller's use of our services. Or Seller's violation of any Special Terms of Sale, the primary Event Terms, or this agreement. The seller admits and accepts to indemnify and hold Diskvar, any other users, or any third party harmless from and against any such responsibility. 

 

8.3. Except for disputes related to escrow services, when any dispute between you and another user occurs, you admit and agree to try to resolve such dispute in good faith, including reaching the other User in proper ways and giving enough time to the other User to respond.  

 

Opening a Dispute:

As a Seller, if necessary,  you have to open a dispute case within ten (10) business days from the starting day of the event for the item(s) subject of the dispute. 

Diskvar notifies The Buyer of a dispute through an email, mentioning that the Seller has a dispute about the transaction. Diskvar administrates email exchanges between the Buyer and Seller to solve such a dispute.

The buyer and the seller might be blocked from engaging in future events on Diskvar if such a dispute was not resolved by them (the buyer and the seller).

To ensure finding a solution, we may monitor the conversation between the Buyer and Seller. 

Diskvar will not be directly engaged in negotiations or finding a resolution.

 

Buyer admits and accepts that the dispute between the Buyer and Seller will not be influenced by any directed notice to the seller through Diskvar; however, we may use this dispute for our internal purposes. 


 

Throughout the dispute process, Diskvar may ask users to present documentation to reinforce their allegations including without limiting receipts, police records, or any other information or documentation.

 

Dispute resolution: Diskvar may take action on a dispute after 3-5 business days from the date in which the dispute has opened; nevertheless, this duration may be extended to ten (10) business days.

 

8.4. Assumption of Rights:  If Diskvar pays out  Claims, Reversals, or Chargebacks which you file against any recipient of your payment, you agree to allow Diskvar to have your rights against the recipient of your payment and third parties related to the payment, and agree that we may, at our sole discretion, pursue those rights directly or on your behalf.


 

8.5. Release of Diskvar: If you have a dispute with another user(s), you acknowledge and agree that you release Diskvar, its shareholders, administrators, directors, representatives, employees, successors, and assigns, from and toward any responsibilities, harms, damages, judgments, sentences, fines, costs, obligations, litigations and claims of any type or sort  (actual and consequential), related to or resulting from such a dispute. 


 

9. Disputes of users with Diskvar

If a dispute occurs between you and Diskvar, we seek to learn about and resolve your issues and, in case we can’t do so; You may report disputes about Diskvar services between you and Diskvar through reaching out to our Customer Care team. 

 

10. Information Collected by Diskvar

Collecting or usage of personal information is as stated by our Privacy Policy which can be accessed on our website at https://www.Diskvar.com/Home/PrivacyPolicy. You hereby acknowledge and agree to the terms of our Privacy Policy.





 

11. Export and Import laws:

In order to buy or sell using Diskvar, you must obey all applicable laws, which include trade control and import/export laws of the European Union, including without limitation to customs declarations, import and export license requirements, import certificates (importers, exporters, and brokers)  registrations, and advance consent of transaction, according to the locations of the Seller and Buyer, and the relevant item. 

 

All Sellers, especially those shipping internationally and non-EU buyers, wherever located, must periodically review all information concerning constraints applicable to their capability to bid on, purchase,  receive, transfer, or possess the item(s) under sale.

 

Sellers may restrict bidding for a whole auction or individual item to a specific group of bidders only, based on a determined location, or sellers may determine applicable import, export, or other transfer constraints applicable to a whole auction or individual item.

We are not liable for informing Sellers or Buyers about the export or import state of any item shown on the Diskvar website or about the licenses, permissions, or other requirements that may apply to selling to a foreign bidder or by a foreign Seller; Because we do not control the items being advertised on our website.



 

Not obeying such laws may result in civil or criminal financial penalties, imprisonment, and/or losing privileges of export and import.






 

12. Prohibited activities on This Website 

12.1. Any activity on this website that violates any local, state, national, or international laws and regulations will be grounds for terminating your rights to this website. 

As a user of this website, you must follow all applicable laws.

You may not use Diskvar's services or website in any manner which violates any applicable laws and regulations, for example, but without limitation to import and export laws applicable to a Seller or Buyer.

 

You may not infringe or break any term of this Agreement or any other agreement or policy that you have acknowledged or agreed to with Diskvar.

 

12.2. While you use Diskvar's website, Services, account, or while interacting with Diskvar, other users, or any third parties, you acknowledge and agree that you abide by the following: 


 

12.2.1. You may not engage in fraudulent, swindling or purposely detrimental,  or illegal activity of any kind; 

 

12.2.2. You may not infringe any copyrights, trademarks, service marks, patents, or other proprietary rights, or any rights of publicity or privacy, which belong to Diskvar or any other parties.

 

12.2.3.You may not post any content on our website which violates any copyright, service mark, patent, trademark,   or other proprietary rights of any individual or entity.

 

12.2.4.You may not copy, modify, duplicate our website or its content in any method, for example, without limitation to Using any automatic/manual methods to monitor or copy the Diskvar website or any portion of it without obtaining written approval from Diskvar.

 

12.2.5.You may not post any content to our website which is illegal,  threatening, scurrilous, vexing, opprobrious, libelous, violation of a third party's privacy, lewd, sexual, or conflicts with Diskvar's terms, conditions, or policies.

 

12.2.6. You are forbidden from engaging in any actions that may result in damages to our website, including without limitation to hacking, the transmission of viruses, Trojan horses, worms, or malicious software to/through our website, spamming, mail blast,unsolicited mail, chain letters, pyramid schemes to a User, or use of the Diskvar Services for gathering data or information for sending or assisting in sending unsolicited emails to a third party is strictly forbidden.  in addition you may not involve in any activity which may expropriate , detrimentally interfere with, surreptitiously intercept or damage any system, data, or information or any of our software, hardware, or telecommunications devices, or any unauthorized access to any data or other information related to our website.


 

12.2.7. You may not use any tool, software, or method to bypass our robot exclusion headers or file, or intervene or attempt to intervene with Diskvar's website/services, Diskvar Users' interests, or property. 


 

12.2.8. you are forbidden from getting unauthorized access to our website, including without limitation to using spiders, robots, crawlers, or any such unauthorized or illegal methods. Unless you are a general search engine or you have our express written approval.

 

12.2.9.You may not participate in any activities aimed to supply an unreasonable large load on our systems. 


 

12.2.10. You are forbidden from involving in any actions that may result in obstructing the use of Diskvar by other users or involving any actions aimed to jam this website, including but not limited to overloading and flooding.

 

12.2.11. You may only create links from Diskvar's website back to your website. You are forbidden from linking or creating any other links without obtaining written permission from Diskvar. 

 

12.2.12. You may not include hyperlinks in your content.

 

12.2.13. You are forbidden from framing or deep linking to our website without obtaining written approval from Diskvar.

 

12.2.14. You may not deceive or manipulate charges owed to Diskvar, the billing process, and  Diskvar's fee structure. 



 

12.2.15. You may not take any arrangements for manipulating or faking the Seller Rating in any manner, including but without limitation to making purchases to increase or decrease the rating of a seller account using a  buyer account. 

 

You may not  manipulate our feedback or rating systems or use the information of our feedback or rating systems for purposes separate from Diskvar.



 

12.2.16.You may not Infringe or break any laws, enactments, or regulations, including but not limited to those ruling financial services,  consumer protection, unfair competition, misleading advertising, and the Uniform Commercial  Code.

 

12.2.17.You may not use our sites or services in case of:

(a) you do not have the eligibility to make legally binding contracts.

(b) you are under the legal age (under 18 ).

(c) you are suspended from using Diskvar's website or services. 



 

12.2.18. You may not sell any forged products.

 

12.2.19. You may not intentionally provide any misleading or inaccurate information to us.

 

12.2.20. You may not decline to collaborate with us in verifying your identity or clarifying any ambiguity about information provided to us by you.

 

12.2.21. You are forbidden from Attempting to double-dip during a dispute by receiving or to obtain money by two(or more) separate accounting arrangements or from more than one source at the same time, including(but not limited to) funds from the Seller,  bank, or credit card issuer for the same case subject to the dispute.


 

12.2.22. While using our website, you may not hide your identity in any way, including but not limited to Using an anonymizing proxy.


 

12.2.23. You may not have an account linked to other accounts that have done or engaged in any prohibited activities on the Diskvar website.




 

12.2.24.You are forbidden from Using Diskvar Services in a way that may result in complaints, disputes, cancellations, chargebacks, claims, expenses, forfeits, penalties,  or any other responsibilities to Diskvar, other users, or a third party.


 

12.2.25. You may not integrate the Diskvar Services in a way incongruous with Diskvar integration guidelines; Use your Diskvar account and services in a way that Diskvar, Visa, MasterCard, or any other electronic financial services corporation used on our platform consider it as a misuse of the card system or contravention of card rules.

 

12.2.26. You may not give yourself a cash advance from your credit card (or help others to do so).


 

12.2.27. You may not access Diskvar services from a country that is sanctioned by the EU.


 

12.2.28. You may not use our services in a way that constitutes a breach of any applicable import and export laws to the buyer or seller.

 

12.2.29. You may not reveal or share another User's Information to a third party or use it for marketing purposes without obtaining the User's express approval.


 

12.2.30. You may not involve in any action that may cause us to lose any of the services from any of our suppliers or our internet service providers.


 

12.2.31. You may not test credit card behaviors throughout our services.


 

12.2.32. You may not list any content or item in improper categories or sections on Diskvar's websites or services.

 

12.2.33. You may not fail to deliver items you have sold unless the Buyer did not meet the defined Special Terms of Sale, or the identity of the buyer could not be authenticated.

 

12.2.34. You may not fail to fulfill payment for your purchased items, except for the following cases:

(a) the Seller has substantially changed the description of the item(s) you have bid on.

(b) an obvious typographical mistake is made.

(c ) The identity of the seller could not be authenticated

 

12.2.35. You may not manipulate the price of an item(s) or intervene with other listings that belong to other sellers.




 

12.2.36. You may not share your Diskvar account or User ID or any information related to your Diskvar account with another party without our permission.

 

12.2.37. You may not export or re-export any Diskvar equipment except according to by the export control laws of any related jurisdictions.



 

12.2.38. You may not fail to correctly clarify the description, content, number, status, pictures, or any critical information related to the item(s) being sold.


 

12.2.39. You may not take advantage of Diskvar's services for making deals to buy or sell items outside of Diskvar.

 

12.2.40. You may not deceive or manipulate our user verification mechanisms or our security systems in any way or manner.


 

12.2.41. you acknowledge and agree to respect and obey all applicable Marketplace Guidelines; please note that these Guidelines are subject to update from time to time.

 

12.2.42. You shall use good faith for resolving a dispute with another User, according to the related section about "disputes" mentioned above in this document. 

 

 

13. Updates of Terms and Conditions

Diskvar holds the right to update or alter this Agreement at any time. Any alteration will be achieved by updating these pages, which you are viewing now. You shall revisit this page regularly to observe any changes that may have been performed to this Agreement, especially before you engage in an event. Whenever you use this website, you are admitting this Agreement as it is at that time. In case of any considerable alteration to this Agreement that would negatively impact your rights or commitments, you will be asked to accept the altered User Agreement to continue using the  Diskvar website and Services.


 

14.  Banned Parties

In order to buy or sell using Diskvar, you must obey all applicable laws, especially foreign trade laws of the European Union. The European Union bans or restricts dealing with some parties recognized as involved in terrorism, drugs trafficking, the proliferation of weaponry, or other violations; these banned parties may be individuals, entities, or countries. 

 

Diskvar does not deal with, involve in, or facilitate activities related to any banned  Parties. 

You may not use our products or services to sell to, ship to, buy from any or facilitate transactions with Banned Parties.  


 

15. Diskvar Actions on Accounts: 

If we notice or suspect that you are involved in any forbidden activities, we may terminate your rights on Diskvar's websites and services; in addition, we may take several actions for protecting Diskvar, other Users, other third parties, or you from complaints, disputes, cancellations, chargebacks, claims, expenses, forfeits, penalties,  or any other responsibilities. those actions that we may  take include without limitation: 


 

a. closing, suspending, or restricting your access to your account or other Diskvar services (including but not limited to restricting access to posting catalogs or your payment arrangements); in addition, We may decline to provide you with our Services in the future.

 

b. We may administratively remove items, catalogs, bids, or offers from the website. 

 

c. We may ask you to supply further information or documents to verify the information you supply to us.



 

d. We may communicate with affected third parties or your bank/credit card issuer and/or notify law enforcement, users who have bought your items or services, or any other Users.

 

x.we may sue you.




 

16. Electronic Means 

According to this Agreement, you and Diskvar will accomplish transactions by interchange documents, records, and signatures electronically or by employing electronic agents. The usage of electronic means or agents should be according to schema determined by Diskvar, and ruled by the applicable principles of the Uniform Electronic Transactions code As adhered to in the EU.



 

17. Payments to Diskvar

Any payment due to Diskvar (by buyers or sellers) has to be paid within fifteen (15) calendar days of receipt of an invoice. Assuming we do not receive any amount payable within the due date. In that case, we will charge €10 per invoice and Diskvar's cost of collection and accrue interest at a rate of either 1.5 percent per month or the highest interest rate allowed under applicable law on the overdue amount starting from the due date .

In addition, for any overdue payment to Diskvar, we may, at our sole discretion, end or suspend the defaulter user's account and/or restrict access to other Diskvar services until the amounts owed are paid. In such cases of termination or suspension of a user to our services, the user is still obligated under this Agreement to fulfill any unpaid amounts due to  Diskvar.







 

18. Termination 

Diskvar reserves the right, at its sole and absolute discretion, to terminate this Agreement or your access to our Website or Services completely or partly for any reason and at any time, or to stop temporarily or permanently providing the Diskvar Services with or without notice. 

In case of termination by Diskvar due to your breach of this Agreement, Diskvar may pursue any indemnity possible. 

You agree to pay Diskvar during all Services delivered until the termination date, Regardless of the termination reason.





 

19. Integration and Severability 

This agreement forms the complete agreement between you and Diskvar for the Diskvar website and  Services and replaces all previous communications and propositions (expressed, spoken, written, or electronic) between you and Diskvar for the Diskvar website and  Services,  including but not limited to all previous versions of this document.

Assuming some part(s) of this Agreement is held invalid or inapplicable. In that case, that part shall be interpreted in a way consonant with applicable law to reflect, as possible, the original intents of the parties, and the residual parts shall stay in full force and effect. 






 

20. Third-Party Sites 

Links to other third-party websites may be contained on our website. Diskvar does not control such third-party websites, and you admit and accept that Diskvar is not liable for the correctness,  copyright compliance, legitimacy, or other properties of such websites. The implication of such links does not indicate our ratification of such sites.



 

21. Indemnification 

You confirm to protect, indemnify and hold Diskvar, its shareholders, managers, directors, representatives, employees, assigns , and successors (“Indemnified Parties”)  harmless from and against any responsibilities, harms, damages, judgments, sentences, fines, costs, obligations, litigations and claims of any type or sort,  imposed against the Indemnified  Parties occurring result by your use or misuse of the Diskvar's services or website, or violation of this Agreement.  

Atat our own expense, we hold the right to undertake the exclusive defense and control of any case otherwise contingent to indemnification by you, and you agree to collaborate with Diskvar in affirming any available defenses. 


 

22. Our Proprietary Rights

22.1. Diskvar own and reserves all rights to this website, including the content and materials included on this website, including, but not limited to Listings Data  and all other text, graphics, videos, audio, images, photos, and any other displayed content and data or other materials, and all software, source code, software server information, and technology underlying the Services and 

all related intellectual property rights are Discover sole and exclusive property.

 

22.2. You may not edit or try to edit this website using duplication, transfer, reverse engineering,  disassembly, or any other way.

 

22.3. You admit and agree that this website and its content and materials are protected by trademarks, copyrights, patents, service marks, or other proprietary rights, regulations, and laws.


 

22.4. Intellectual Property:

(a) Trademarks:

You may not use the Diskvar logo and the trademark Diskvar in any way without our express written consent. 

Whether registered or unregistered, the trademarks and service marks presented on the Diskvar website are the property of Diskvar. We do not permit you to use these trademarks or service marks. You may not interpret anything on our website as conferring a license or right in these trademarks.

Licenses should not be awarded on theories of implication or estoppel.

 

(b) Copyright:

All content on our websites is covered by Diskvar's registered copyright. We do not release our legal copyrights in any manner, including by implication, estoppel, or any other way.

Trying to alter or corrupt this website content is a breach of Diskvar copyright. 

This copyright comprises all software and source codes implemented on this website. 


 

22.5 Unless Diskvar expressly authorizes you, you pledge and agree to not:

(a) publish, copy, transmit, sell, license, rent, edit, adapt, modify, distribute, publicly perform, publicly display, create or reproduce, derivative works from any content or materials on this website.

 

(b) make any use of our Intellectual Property for any purpose.



 

22.6Under any Circumstances, Usage of the content or materials on this website in any way is prohibited, except what is expressly permitted in this Agreement.

 

23. limitation of liability 

Diskvar is not liable for any kind of damages direct, indirect, incidental, consequential, or other damages and under any circumstances, whether such claim is depending on warranty, contract, tort, or otherwise, including without limitation to damages for loss of profits, goodwill, use, data, or other non-physical damages resulted by your use of, misuse of, or inability to use our website or services. 

Diskvar's overall liability won't exceed the fees which you paid for the Diskvar services regarding any kind of action related to your use of our website or services. 

Diskvar's liability in some jurisdictions shall be limited to the extent allowed by law, In case of such jurisdictions do not permit the exclusion or limitation of liability for incidental or consequential damages.

 

24. Disclaimer

All content available on our website and Diskvar's services are provided "AS IS" and  "as available" for users.

We do not provide you with any warranties of any kind, whether express or implied, regarding the service.

For example, without limitation, we do not warrant to you that:

  1. the service will operate uninterrupted or securely or be available at any time or place, or the website is error-free.

  2. Any errors or flaws will be fixed.

  3. The service is free of viruses or any harmful components.

  4. The results of using the service will satisfy your needs.

  5. The content is accurate, reliable, or correct.

 

Although we are trying to provide the most stable services possible, delays and failures in service are unavoidable, and Diskvar disclaims any obligation for damages emerging from such disruptions. So the use of the service is at your sole risk.

 

Because some jurisdictions do not allow the exclusion of some warranties, such exclusions may not apply to you. 

 

Diskvar, at its sole discretion, has the right to refuse to conduct business with seller(s) or Buyer(s)at any time for any reason, cancellation of any scheduled event at any time,and any reason.  Diskvar, at its sole and absolute discretion, may stop or restrict access to this website at any time.  Diskvar will not be responsible for any damages (direct, indirect, or consequential )of any kind or nature that result from such actions. 

 

Diskvar disclaims any responsibility for damages resulting from any uses of our website or services. You are using this site at your sole risk.

 

[Terms and Conditions are editable directly from the Admin Control Panel]