Terms and Conditions
This is a legal agreement between you (Participant, Bidder) and the user of this site
I-GRAM KIOUSIS T. IOANNIS ( the Auctioneer). This agreement is to be interpreted according to the laws of Europe, European Union and Greece, and any disputes between the users, the Auctioneer , the Vendor, bidders or other users is to be heard in the Greek courts.

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1. Introduction
2. Participation and Use of the Site
3. Miscellaneous
4. Termination
5. Role of The Auctioneer (IGRAM)
6. Use of the Website and Services
7. Services’ Functions (Bidding)  
8. Data Protection
9. Payment and Expenses
10. VAT or other taxes
11. Removal - Delivery
12. Jurisdiction

 

1. Introduction

These are the terms and conditions ("Terms and Conditions") applicable to the services (the "Services") provided on, and the use of, this site http://www.igram.eu/ (the Website). By accessing the Website, using the Services or by registering as a Buyer (Bidder) regardless of your physical location, you agree (on behalf of yourself and any company you represent or act) that: (1) you have read these Terms and Conditions; (2) you understand these Terms and Conditions; and (3) you are bound by these Terms and Conditions in your use of the Services and the Site; (4) there will be amendments to these terms from time to time;.(5) you will be informed and called to accept the new Terms and Conditions appropriately.

The Services provided are for the use of businesses and those acting on behalf of businesses. They are not for consumer transactions and users and bidders warrant that they are not acting as consumers in a personal or individual capacity but for or on behalf of and with the authority of a company, partnership or other legal entity.

These Terms and Conditions refer to Online Auctions and in particular Greek sale Auctions.
These Terms and Conditions do not apply to persons that wish to sell in Online Auction (Vendors), who should contact the Auctioneer to complete a separate off-line process.
DEFINITIONS 

For the purposes of these Terms and Conditions the following terms will be considered accordingly :

“Start Price” it is the starting point of any lot.

“Old Price” it is the worth price of the lot independently of the auction and it is posted on the detail’s board of every lot. When a Participant or other Buyer offers this amount at any stage of the auction, the lot is sold and the auction is considered terminated as without purpose and objective.

“Seller’s Reserve Price” & “Buy Now”: it is the amount between the Start Price and the Old Price at which the Vendor has agreed to sell. This price is fixed and secured on the written agreement between the Vendor and the Auctioneer and you can verify it contacting Auctioneer’s Law Counsel, through the Auctioneer.
 
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2. Participation and Use of the Site


(a)Sign up
Participants are assigned an account name and password on sign up. The Participants are responsible for all actions taken under their account name and password and shall only use their own account name and password. Participants must keep their password safe and shall not disclose it to any other person and shall not permit any other person to utilize their account details. Participants are obliged to complete those transactions that occur using their account name and password.
Participants are allowed to change their password at any time. However, participants need to contact the Site in order to change any other account information.

(b) Registration – I’m interested
You will be informed to make registration in a running auction regarding specific lot in your own discretion. This step consists just a show of interest for this specific lot and no attachments further. The Participant hereby warrants that all information provided to the Site on registration is true, accurate and complete and the Participant will immediately inform the Auctioneer or the Website of all changes occurring during the use of the Website.
To register as a buyer on the Website you must provide your name, phone number, e-mail address and the name and address of the business you are acting for. The Auctioneer reserves the right to reject any registration in its sole discretion.

By registering, the Participant represents, warrants and undertakes that it is or acts for a business and has given correct information about its business and contact details as requested in Website’s registration procedure and that it will notify the Auctioneer of any change in its registered details.

Only businesses are allowed to use the Site and to participate in Online Auctions. The Online Auctions (i) may only be used for commercial transactions; and (ii) may not be used for consumer transactions. It is agreed therefore that all special agreements of these Terms and Conditions will be considered as business to business agreement which overdue any other general applied law or custom. 

If you are interested in any item you can click on the button “I am interested” so you can have frequently mail messages about anything concerns the item you have choice.
This step can be done until the closure of the Auction.

Proforma Invoice You will be asked to fill a form of your firm details and create a proforma invoice in which you can see all the specific details of this item and we have recorded your interest. You can also view and print it by pressing the accordingly links.

It is not a binding document. It is necessary in order to confirm (register) your interest in the machine. Just for your convenience using it at your accounting office and your bank if you proceed to the next step.

This step can be done until 24 hours before the closure of the Auction.

(e) Information and Notice

You warrant that the information you provide on registering with the Website will be honest and not designed to mislead or conceal your identity; by accepting these Terms and/or bidding for equipment you warrant that you are legally entitled to do so and that you have the authority to make a bid and the financial capacity to complete the transaction if your bid is accepted.
Any notice or communication sent to the email address or physical address given by the user on registration will be deemed to have been delivered to the user, including notification of the placing of a bid, that a user's bid has been successful, that a user’s bid it is currently the highest bid and when/if another bidder has placed a higher one, communications from the Auctioneer and invoices or demands. In order to verify the bona fides of bidders their IP addresses and other relevant information will be collected and recorded by the Auctioneer.

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3. Miscellaneous

These Terms and Conditions may be amended at any time by the Auctioneer in its sole discretion. Such amendment will be posted on the Site and will become effective after your specified and particular acceptance. Participants are encouraged periodically and often to review these Terms and Conditions posted on the Website. Use of the Services and the Website constitutes acceptance of these Terms and Conditions, including any amendments.

Failure or neglect by the Auctioneer to enforce at any time any of the terms here of will not be construed nor will it be deemed to be a waiver of the rights of the Auctioneer hereunder nor in any way affect the validity of the whole or any part of these Terms and Conditions nor prejudice Auctioneer’s rights to take subsequent action.
Participants and the Auctioneer are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms and Conditions.

Should any single provision of these Terms and Conditions be or become fully or partially invalid, illegal or unenforceable, the remainder of these Terms and Conditions shall continue in full force and effect.

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4. Termination

The Auctioneer may, in its sole discretion, terminate these Terms and Conditions with respect to a Participant (without prejudice to its other rights and remedies) and may deny access to the Services immediately without notice for any breach of these Terms and Conditions by that Participant without any liability for the Auctioneer except in case of past transactions already completed.

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5. Role of The Auctioneer (IGRAM) 

If you are using the Services as a buyer in an Online Auctions, you are contracting  with the  IGRAM- KIOUSSIS T. IOANNIS. The Auctioneer mentioned above encourages you to review the properties of each equipment for sale and check in person the function or the compatibility of each equipment for sale with your needs. You are welcome to contact the Auctioneer by e-mail or any other way you find satisfactory in order to have full information on the lot.

The Auctioneer does not offer any guaranty of the functioning and current situation of the equipment other than the described ones on the Website and the specifics given before and during the auction on the Website, therefore every lot is provided “as is”.  

The Vendor states that the machine is free from any damages and cracks in the main parts (cylinders and gears), suitable for use intended, and generally without constructional faults and always calculated and considered the age of every machine. In addition the Vendor declares that he has concealed from the Auctioneer or the buyer no defect in the machine and guarantees the good running of the machine.

However the Vendor is not responsible for what may occur or come from normal deterioration and the passage of time or improper use – maintenance of it.
The Auctioneer is acting as agent and administrator of the Site only and is not responsible for the acts of its principles.

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6. Use of the Website and Services

The Website grants a limited, non-transferable license to each Participant to access and make use of the Website for the purposes of the Participant using, or evaluating the Website and the Services in accordance with these Terms and Conditions but not to download (other than page caching) or modify the Website, or any portion of the Website.
You have the right to watch online the auction, check the worldwide bidders and the bids each one has made without necessarily login or make a bid. 

Participant’s Behaviour

Participants are expressly forbidden from any form of bid manipulation. Buyers may not bid under a false name or as Auctioneer for a person who would itself be prohibited by these Terms and Conditions or by the terms and conditions governing the specific Auction in question from placing a bid on a particular lot.

Website function

The Website does not guarantee continuous, uninterrupted or secure access to it. The Website and Services are provided "as is" and "as and when available", and, to the extent permissible by law, the Auctioneer excludes all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. The Auctioneer may change, modify, amend, suspend or discontinue any aspect of the Website or the Services at any time without notice and reserves the right to impose restrictions on certain features of the Website or the Services at any time without notice.

In case of interruption to or suspension of access to the Website or the Services, the Participants only remedy will be for the Auctioneer, in its absolute discretion, to extend the time limit of an offer in an Online Auction for an appropriate period. Participant’s access to the Website may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or Services will
use reasonable endeavors to limit the frequency and duration of any such suspension or restriction.

User’s Security 

Participants must take all reasonable steps to minimize loss or damages when accessing the Site, including implementing prudent security and back-up features.  

The Website is not automatically refreshed, and the Participants should periodically refresh their browser page in order to have a genuine and current view of the auctions in action and the latest bids. In addition the Participants should often check their e-mails addresses for notifications regarding their bid status and rank.
In addition to the other obligations set out in these Terms and Conditions, each Bidder/buyer acknowledges and agrees that by placing a bid in an Auction ("Bid"), it represents, warrants and undertakes that it has the authority and capacity to enter such Bid or make such offer and close the transaction and that any bid that it makes constitutes an irrevocable offer to buy the lot in question for the full amount of the bid.

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7. Services’ Functions (Bidding)

Participants authorized to use the Website and granted with a User’s Name and Password are able to take part in Online Auctions and submit Bid for each lot.

The Website bidding system functions with preset minimum amounts, for any bidding accordingly and focused on the specific requirements for each lot.  

Bids can be submitted only by entering the next incremental bid as indicated on the lot’s webpage, by clicking on the sign “Accept the Bid”.

Every Participant authorized with a User’s name and Password can join or increase their bid in every online auction until the closure of it, with the next limitation:

i) DEPOSIT
After the issue of the proforma invoice in order to participate in the bidding for a particular item the certified customer must first make a deposit. This must be placed until 24 hours before the last date of the auction (auction’s date)

The deposit can be paid in one of two ways:

a) Via bank account (wire transfer)
b) Through PayPal

At the same time the certified customer makes a pending request to the auctioneer, which will be activated
a) by wire transfer once the auctioneer receives information for the payment of the deposit
b) by PayPal automatically

in order to watch the progress of the machines you are interested in
and to make your bid at last minute.

We made it in order to protect the auction and the really interested customers from random bidders who are not willing to make a purchase, but continue to bid, increasing unrealistically the price of the lot.

We suggest to be preferred by Paypal because by this way your money remains at Paypal system – we don’t capture them until the closure of the auction. As per the results of the auction by the ending of it all the deposits except of the winner will be refunded immediately minus expenses.
And also by second way (wire transfer) we guarantee you as company and personally that in 24 hours after the closure of the auction the deposits will be returned to your accounts minus bank expenses.
This step can be done until 24 hours before the closure of the Auction.

ii) ACCEPT THE BID

The Auction’s date you can place your bid by pressing the button "Accept the bid" since you have first made the requested deposit and have kept it in the account..

Auto bid extend:
The auction will be completed until the 12:00:00 Greenwich time of the Auction date if there is only one bidder. If there is another bid until that time then the auction will be extended until 12:00:00 of the next day and so on. The auction will be ended only if there is a full day without bids

In last 24 hours before the closure of the Auction the item will be locked and you can not make bid since you have not made a deposit.

iii) Full payment
All payments are due in total to IGRAM – KIOUSSIS T. IOANNIS by PayPal or through Wire Bank Transfer or in cash.

By the closure of the Auction if the highest bid is equal or bigger than the Reserve seller’s price (as per agreement signed before the start of the Auction and which will be appeared by the closure in the Auction details of each item) then this higher bidder is the winner and he must pay in full the machine plus the 10% Auction’s fee in the next five (5) days in order to buy it.

SELLER’S RESERVE PRICE: Vendor has preset a specific price between the Old Price and the Start Auction Price on which is willing and bound to accept the sale. The seller’s Reserve price will be revealed immediately on Auction’s expiration.
1. If the final bid is higher than seller’s Reserve price, Vendor is obligated to accept Higher Bidder’s offer and sell the lot.
2. If the highest bid is lower than the Seller’s Reserve price then automatically with the closure of the Auction will start an online price negotiation between the seller and the higher bidder with mutual increase and decrease of specific step according to the amount of the bid. In case that there is not agreement between them then this bidder withdraws his interest and we return his deposit minus bank expenses and the next bidder will have the opportunity to start a new online negotiation by the same proceedings. In case of written withdrawal of interest then the deposit will be returned to the higher bidder minus the bank expenses. In case of failure of this negotiation the third bidder and only, if he has not required his deposit back, will have the same opportunity.
In successful outcome the bidder must pay in full the machine plus the 10% Auction’s fee in the next five (5) days in order to buy it.

If the winner will not pay in full the machine in the next five (5) days in order to buy it, then he will lose his deposit.

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8. Data Protection

To enable the Auctioneer and the Site to use information provided by the Participant, the Participants grant the Site on registration a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) license to exercise the copyright, trade mark and database rights the Participant has in any information provided and to do so in any media form whether now known or not currently known in order to provide the Services.

The content of the Site, including graphic images, text, information and documents are owned by and are the copyright of IGRAM KIOUSIS T. IOANNIS and of other third parties. None of it may be copied, reproduced, published or otherwise used without the express consent of IGRAM KIOUSIS T. IOANNIS or the relevant third party.
 
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9. Payment and Expenses

The price is as ex site so the expenses for the dismantling – loading – shipment of the lot are on buyer’s charge.
The winner must also pay extra 10% fees for the Auctioneer.

The total payable price will include in addition to the amount of the successful bid, 10% fees, all applicable taxes, VAT and if/when required dismantling- loading - delivery charges, shipment or insurance premiums from the Auctioneer or the Vendor. Unless otherwise agreed is payable immediately upon the notification of a successful bid at the end of the auction, in full prior to collection or delivery of the goods and in limited time of five (5) days after the adjudication.

All bids, payment and invoices are considered and completed in EURO. When the Auctioneer provides a currency conversion mechanism this is for illustration purposes only, and the bidder accepts that exchange rate fluctuations and foreign exchange commission’s will affect the final cost.

All invoices must be checked, granted and accepted on the day of the sale, and no adjustments or corrections can take place afterwards.  

No item can be returned, or denied after the end of the auction and the successful Bidder must immediately make the required procedures for the closure of the deal. You agree that you will not attempt to avoid paying for lots purchased via the Website, attempt to avoid paying fees due to the Auctioneer, post misleading or defamatory statements on the website, send spam or other unsolicited or irrelevant emails to other users nor attempt to harvest their user details from the site or use the Site in any other way than that for which it was set up and intended for by the Auctioneer.

The payment is due in total (after the deduction of the already paid amount) to IGRAM – KIOUSSIS T. IOANNIS  in cash or through Wire Bank Transfer, or by PayPal. The payment is concluded and defined by formal receipt from the Vendor for the full amount or by the Bank Receipt, which stands for full proof of the payment.

Penalty Clause: In case of delay of payment considered under these Terms and Conditions beyond the fifth (5th) working day from the adjudication, the deposit which the Higher Bidder had placed will be forfeited in favor of the Auctioneer as penalty clause for the Higher Bidder’s ant contractual behavior. In addition to that the later reserves the right to back up from the transaction after the fifth day from the Auction and put back the lot for auction, reserving for itself the right to ask from the Buyer/Higher Bidder any further repay for any loss.

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10. VAT or other taxes

Any price indicated on the Site or agreed in an Online Auction is stated exclusive of value added tax, custom clearance or any other applicable sales tax (excite), and must be met by the Buyer.

All taxes arising on a sale shall be paid to the auctioneer at the time of the sale as analyzed and concluded in the Total Price.

Buyers in Online Auctions shall be responsible for paying any value added tax or other taxes which may be due on amounts owed by the buyers under these Terms and Conditions in the applicable jurisdictions at the rates prevailing at the date that their contract of sale is concluded.
Successful Bidders-Purchasers claiming exemptions from taxes or charges must provide satisfactory and valuable proof to the Auctioneer of their entitlement for exemption until the date of the sale and the invoice’s issue. Without satisfactory proof taxes will be payable by the purchaser as described above.

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11. Removal - Delivery

No Goods or part thereof can be removed until payment as described under N.7c of the present Terms and Conditions has been fulfilled and the Auction completed.  

The Buyers are fully responsible for the removal of sold equipment by the date defined by the Auctioneer, and should make its own arrangements for removing Goods purchased, according to the rules and regulations of Greece and European Union. No Goods shall be removed without the authority of the Auctioneer.

If the Purchaser cannot collect the sold equipment in person, the Auctioneer can offer to arrange the transfer of the lot at his location, or recommend specialized companies for the delivery without taking any responsibility for, which continues to rely on the Purchaser. All cost for carriage and insurance rely on the Purchaser, before dispatch, and any claims for loss or damage on uninsured items against IGRAM – KIOUSSIS T. IOANNIS are invalid and unlawful.

The Auctioneer will make all reasonable efforts to ensure that Goods will be dispatched to Buyer within the date preferred not having though any liability for, since the Buyer will be responsible for the removal at his own risk .  

Delivery to an alternative address or location, other than the Buyer’s shall take place at buyer’s own risk, without any liability of IGRAM.
When ship delivery is needed Buyer is fully responsible for any cost and charge, as well as any risk and damage of the equipment during the transfer. Delivery of goods when shipping requested, will take approximately 2-4 weeks for a shipping quote after receipt of payment and 2-12 weeks thereof for delivery of each lot depending on destination and mode of shipment.

Buyer is obliged to secure the lot lawfully the very next day of the auction, and he carries therefore all risk and responsibility.

Buyer must immediately after the end of Auction make the appropriate arrangements for the removal of the lot. Auctioneer will keep the lot in his storage for the first four (4) weeks without any additional cost or charge. After that period Buyer will be charged with 1,000.00 euro per month per lot, for storage fee and Insurance Premium.

In case of failure of delivery due to fire, theft, or any other reason beyond Auctioneer’s will, the Auctioneer is bound to reimburse the Buyer for everything paid to the Auctioneer for the lot and only, without any further liability for any additional loss, including, without limitation, any claims for loss of profits,

All risk of loss, damage, theft, fire etc. is burdening the Buyer after the payment, with the limitations above mentioned and no other liability relies to the Auctioneer.

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12. Jurisdiction

All disputes relating to these terms and conditions between participants and I-GRAM KIOUSIS T. IOANNIS (The Auctioneer) shall be exclusively governed by and interpreted in accordance with the laws of Greece.

Participants and the AUCTIONEER hereby irrevocably submit to the exclusive jurisdiction of the courts of Athens, Greece over any claims, dispute or matter arising under or in connection with these terms and conditions or their enforceability. Each participant acknowledges that the Auctioneer would not permit the participant to register as a buyer if the terms of this clause 10 were not valid, binding and enforceable.

If any provision of these terms and conditions shall be held invalid, illegal, unenforceable or inoperative, these terms and conditions remain in full force and effect as if such provisions were not included.

Participants irrevocably consent to any process in any legal action or proceedings arising out of or in connection with these Terms and Conditions or its enforceability being served in accordance with the provisions of these Terms and Conditions relating to the service of notices. Nothing contained in these Terms and Conditions shall affect the right to serve process in any other manner permitted by the laws of the country in which service is to be effected.

These Terms and Conditions are drawn up in the English language. If these Terms and Conditions are translated into another language, the English language text prevails.


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