AGREEMENT CASHOON – USERS

FOR PRIVATE PERSONS ALL FUNCTIONS, PUBLISHING ITEMS OR PLACING BIDS ON ITEMS ARE FOR FREE !!

Parties:
1 - Seller (advertiser - alienating/selling/swaping) It is distinguished between Private-Seller (private person) and Pro-Seller (commercial person who's not a Pawn-Broker like mentioned under '2')
2 - Pawn-Broker (professional buyers like stores, retailers, traders, etc…)

Definition: CASHOON is an advertising web-site/software constituted by adverts made by people that decide to alienate/to sell/to swap objects/assets of its exclusive property.

Conditions:

a) The activity of this site is clearly limited to the collection and publication of adverts only and, therefore, CASHOON cannot be involved in any other activity such as: appraisals, transports, deliveries, payments, etc…, remaining these parts of the transaction under discretion of the other involved PARTIES, responsible to define details and operating modalities in the respect of the Laws and enforced Regulations.
Nevertheless, CASHOON recalls said PARTIES to operate with the maximum caution and prudence so as to avoid claims, disputes, non-fulfilment and swindles. To such purpose, particularly with reference to payments, CASHOON advises to visit the PayPal web-site.

b) Commencing the use of this service offered by CASHOON, the Users declare having read and accepted the present Agreement. Who cannot accept herein listed Terms and Conditions is requested to abandon this site, AS WELL AS USERS WHO ARE NOT YET OF LEGAL AGE OR THOSE THAT, FOR SEVERAL REASONS, ARE NOT IN THE CONDITION FOR STIPULATING BINDING CONTRACTS.

c) The PAWN-SELLER that decides to make and advert on CASHOON shall be registered as a private seller or pro-seller, before being able to insert the advertising of the item to be alienated/sold.

d) The adverts shall be reported to items in free sale, not dangerous or needing special authorizations (like weapons, dangerous substances, objects and substances forbidden or subjected to specific restrictions, etc.) and that do not constitute insult to the law and Institutions, to the moral and the common sense of the decency.
The SELLER is unconditionally and exclusively responsible of his own advert/s and of the eventual related consequences.

e) Once the item has been adjudicated, in the respect of the conditions previously established by the SELLER and in the observance of the CASHOON rules, the BUYER or the BROKER have the right to enter in possession of the said object. In case of non-fulfilment by the SELLER of his duties, the BUYER or BROKER will reserve the right to legally proceed to request for damages to the nearest Court to their living place, according to Laws and regulations of the said Court.

f) The BUYER or BROKER that have won the auction will be bounded to the withdrawal of the item and to the related payment. In case of non-fulfilment by the BUYER or by the BROKER of their duties, the SELLER reserves the right to legally proceed to request for damages to the nearest Court to his living place, according to Laws and regulations of the said Court.

g)With reference to the real value of the advertised items the appraisal of them will exclusively compete to the PARTIES involved (SELLER,BUYER and BROKER). CASHOON doesn’t have either the necessary competences nor the instruments to make an appraisal.
TO THIS END CASHOON RECOMMENDS DETAILED ATTENTION AND ADVISES THE PARTIES TO APPLY FOR EVALUATIONS BY COMPETENT PEOPLE IN MATTER, TO AVOID DEPLORABLE CONSEQUENCES.

h) In any case, with reference to points b-c-d-e-f-g, no responsibility can be charged to CASHOON, being the action of this web-site limited to the advertising, without either the possibility nor the intention to get to the heart of the matter. If in some concerned Countries the local prelocated Authorities to the control will find infractions to their Laws and/or Regulations with reference to some advert/item, CASHOON will consider to disclose the identity of the PARTIES involved in such transactions if the related requests will be made through the Court of Düren, that will judge following its proper Laws and Regulations, also taking into consideration the fundamental Right of Privacy.

SITE-FUNCTIONING and COSTS

i) PAWN-SELLER REGISTRATION (Private Seller or Pro-Seller)

After having filled-in the registration form and been registered in the list of the SELLERS (private seller/private or pro-seller/commercial) (the registration is free) the SELLER will be enabled to prepare the advert/description of the item to be inserted in CASHOON, item to be alienated/sold, by following and compiling the appropriate form.

At the moment of insertion of the item in CASHOON the payment for the advert is due, equal to 1.5% for commercial vendors (Pro-Seller) but only for vendors who have not registered as Pawn-Broker, of:

- the “minimum knocking down price” in case of alienation/sale through auction, during a standard period of 10 days. The Pawn-Seller can also fix a shorter auction period but the advert price will remain unchanged. The “minimum knocking down price” value shall always be indicated (even if it will not be visible to private and professional bidders until this minimum value has been reached)

- the “minimum accepted offer for the immediate sale”, value to be explicitly indicated and visible by both private and professional bidders. In this case the first bidder will have the right of the awarding of the item, independently if some other bidder could later offer more.

The insertion cost will have however the minimum value of Euro 3,50 per item, independently from the calculation percentage.

Once complied with the due payment and introduced the insertion on CASHOON, the related item can be removed only until the “minimum knocking down price” has not been reached (and therefore made public) or if a “minimum accepted offer for the immediate sale” has not been made yet.

It is recommended for commercial vendors to register as Pawn-Broker as Pawn-Brokers are charged with the same reasonable flat fees like mentioned under 'Buyer (professional).

j) BUYER’s REGISTRATION (private persons)
After having filled-in the registration form and been registered in the list of the Privat-Sellers or Pro-Sellers the registration to participate in offers must be divided into private and commercial and is always free for private persons. Only commercial buyers (Pro-seller) will be charged in case of a successful bid. In this case, the following rules take place, if -no- registration as a professinal broker (Pawn-Broker) was made before. Only in this case a payment equal to the 1,5% of that requested minimum offer will be due, with a minimal charge of €3,50. In case an item will be listed for sale with a “minimum accepted offer for the immediate sale” the payment of 1,5% of the indicated minimum offer value will be requested with a minimum charge of €3,50.

It is recommended for commercial buyers to register as Pawn-Broker as Pawn-Brokers are charged with the same reasonable flat fees like mentioned under 'Broker (professional).

k) PAWN-BROKER REGISTRATION (professional buyers like stores, retailers, traders, etc…)
For the purpose of being registered in the list of the PAWN-BROKERS the Professional Buyer or Company shall fill-in the registration form, make a payment of €39,00 valid for an inscription of 1 month. After the varification of the pawn broker by CASHOON the Pawn-Broker can sell and buy items. Double entries are not allowed and can lead to exclusion of Cashoon.
The permissions of Pawn-Brokers are comprehensive and include all available functions of Cashoon.

The procedure to make bids/offers by the Pawn-Broker will be the same of that of the Pro-Seller. The difference lies within the charges. While the Pawn-Broker gains all permissions with a flat fee the Pawn-Buyer is bound to the percental charges. Therefore it is recommended for all commercial vendors to register as Pawn-Broker.

PROHIBITION AND SIGNALLINGS

m) It is strictly prohibited to insert false personal data and false or wrong item specifications/descriptions during registration/login and advert insertions.

n) It is strictly prohibited to diffuse “toxic” viruses and other programs in order to damage CASHOON or more generally other sites on the web.

o) It is strictly prohibited to copy CASHOON and its content.

p) It is strictly prohibited to use the users data gathered from CASHOON for different purposes than those linked to the normal and correct use of this site.

q) It is strictly prohibited to cause unreasonable (at our unquestionable judgment) overloads to the system and/or to cause improper interferences.

r) It is strictly prohibited, during item descriptions/representations to use texts and/or images covered by “copy-right” without having acquired the necessary authorizations. Infractions to this rule could not be debited to CASHOON but directly to the users responsible of said infringements.

s) In case customers discovers improper uses of CASHOON are requested to signal immediately the abuses to the direction of the site in order to guarantee a ready and effective intervention.

MISCELLANEUS AND DISPUTES

t) CASHOON reserves the right to inside insert advertising material in its site.

u) For the purpose of improving the functioning of the site, the software and procedure of CASHOON could be integrated and/or modified, without however changing the aim and the nature of this site.

v) In case of different interpretations or disputes among Users only competent to judge will be the nearest Court to the place of indicated residence of the PARTY that has promoted the Legal Action, following Laws and Rules of the Country of such Court, the PARTIES having accepted the Jurisdiction.

w) In case of different interpretations or disputes between Users and CASHOON competent to judge will be the Court of Monaco Principality, following proper Laws and Rules, the PARTIES having accepted the Jurisdiction. The language of proceeding will be French.

(c) CASHOON.com