Smokoo (Lipays Management Limited), hereinafter, known as “the Website” or “the Site”, is an innovative Internet shopping site that offers registered members the opportunity to buy new, fully-guaranteed, branded items at generously discounted prices.
Online sales of goods are conducted using a unique and secure software platform that operates as a pay-to-bid auction.
Use of Site
You may only use this Site to browse the content, make legitimate purchases and shall not use this Site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This Site and the content provided in this Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. 'Deep-linking', 'embedding' or using analogous technology is strictly prohibited. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws.
Continued use of the Site will be subject to the successful authorisation of all financial transactions and verification of all registered personal details and approval from the relevant Smokoo channel representative(s).
Residents of the following states are prohibited from taking part in auctions on the Site:
Illinois / Massachusetts / Georgia / New Jersey
Sleep Timers
On occasion Smokoo will need to pause all auction activity for a brief period of time while our Internet Service Provider and/ or Host undertake essential and routine server maintenance and/ or necessary software updates. We will endeavour to notify our customers, through the website, of any service interruptions and planned downtime to ensure that we are able to provide a seamless and stable service to our customers.
In these rare circumstances all auction activity will be suspended for an advertised duration on the Smokoo.com Home Page
Account Cancellation
The Site reserves the right to cancel your account for any reason whatsoever at any time without notice to you. Any balance in your account at the time of such cancellation will be credited to your credit card and/or sent to you by check. However, The Site reserves the right, in its unfettered discretion, to void any winnings and confiscate any balance in your Smokoo account in any of the following circumstances:
If you have more than one active account at Smokoo
If the name on your Smokoo account does not match the name on the credit card(s) used to make purchases on your Smokoo account;
If you provide incorrect or misleading registration information;
If you have allowed or permitted (intentionally or unintentionally) someone else to use your Smokoo account;
If you have not participated at the Smokoo Auctions on an individual basis for personal entertainment only (that is, you have played in a professional sense or in concert with other bidder(s) as part of a syndicate club, group, etc.);
If you have "charged back" any of the purchases made with your credit card or any other purchase method whatsoever on your Smokoo account;
If you are found cheating or if it is determined by Smokoo that you have employed or made use of a system (including machines, computers, software or other automated systems) designed specifically to defeat the auction; OR
If The Site should become aware that you have participated at any other on-line auction site under any of the circumstances set out at 1 to 7 above.
If you are identified as an underage individual. The Site adheres to a strict under 18 policy which does not permit auction participants under the age of 18 to participate in Smokoo Auctions.
Multiple Accounts
All registered bidders on the Smokoo Site are restricted to holding a single account. The use of multiple accounts by any registered Smokoo member is strictly forbidden and is regarded as an unfair practice that is prejudicial to the performance and enjoyment of other bidders and, potentially, fraudulent.
We are obliged to verify the identity and domicile of Smokoo account holders to protect both customers and Smokoo: As such we will request that proof of identity (copy of passport or ID) and proof of residence (a recent utility bill).
The Site submits to regular independent audits of all user accounts and transactions and, in the event that a user is suspected of operating multiple accounts, Smokoo reserves the right to suspend all of the related accounts pending further, detailed investigation by forensic computer specialists.
Should a breach of this condition be confirmed, Smokoo further reserves the right to terminate all of the offending user’s accounts, to retain any unused credits and, at its discretion, to institute criminal proceedings against the offender.
Disclaimer of Warranty
The contents of this site are provided "as is" without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.
The owner of this Site, the authors of these contents and in general anybody connected to this Site in any way, from now on collectively called "The Service Providers", assume no responsibility for errors or omissions in these contents.
The Service Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Service Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Service Providers have been informed of the possibilities of such damages. The Service Providers cannot assume any obligation or responsibility.
The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.
Our Rights
We reserve the right to:
modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
We will make all reasonable effort to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
Verify personal information and financial transactions - purchases will only be shipped on completion of a positive identification and authorisation of all transactions on your Smokoo account.
Auction items of €10,000.00 and above will require an affidavit to be signed confirming that the auction item has indeed been received after having been paid for.
obtain photographs of the successful bidder in auctions and utilise the images for marketing and advertising.
suspend and reopen an auction affected by an Autobid/ Bidbutler or system malfunction, specifically when an auction ends with active autobids still available in a participating users account. Smokoo reserves the right to cancel the auction or to reopen the auction at our discretion.
Automated Notifications
Due to technical errors that may occur on an auction, the automated notifications sent are not a binding contract, including but not limited to notifications of securing an auction and 120% reached.
Smokoo reserves the right to void any such automated notification and/or refund any monies paid and/or thereafter re-open the auction.
Smokoo believes in creating a fair experience for all bidders and if a user was prevented from bidding on an auction due to a technical error, Smokoo will resolve the issue to ensure fairness across the board.
Privacy Policy
We are committed to protecting your privacy. This privacy policy shall apply to all web pages related to this Website.
All the information gathered by means of online forms on the Website is used to personally identify users that subscribe to this service. The information will not be used for anything other than that which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to any third party.
The Site may collect certain information about your visit, such as the name of your Internet Service Provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our Site. It is common practice for most websites to gather this information, which is used to help improve the Site, analyze trends, and administer the Site.
We may need to change this policy from time to time in order to address new issues and reflect changes on our site. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about our privacy policy, please send us an E-mail.
By using the Website, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use the Site. Your continued use of the Website following the posting of changes to these terms will mean that you accept those changes.
Cookie/Tracking Technology
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
Third Party Links
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
Software and Internet Access
The software used by the Smokoo auction site has undergone stringent, third-party testing and was deemed to meet all of the required performance standards for an online pay-to-bid auction. We wish to point out however that access to the Site is provided by your specified ISP and influenced by the performance of your personal computer and Smokoo accepts no responsibility for the quality or performance of either.
The AutoBidder/ BidButler Feature in the Smokoo software will not allow a Bid Butler to be created or started in the last 3 seconds of the countdown. Pausing and resuming the AutoBidder in the last 3 seconds of an auction is strictly prohibited and may result in the user's Smokoo account being suspended. AutoBidders cannot be utilised in Fast and Furious Auctions.
As a result of occasional bandwidth congestion experienced by a given ISP or excessive demands on your hardware resources from running too many programmes simultaneously, the countdown reading displayed by the auction clock on your screen may not match the status of the countdown clock located on the auction server. In all matters concerning the validity of a bid and the identification of a winner, outcomes are dependent entirely upon the server-based countdown clock and is thus consistent for all bidders. If a bid is deemed by the software and internal countdown clock to be too late, it is automatically re-credited to the bidder’s account.
If a bid is placed during a live auction and the bid is accepted twice by the system at the same price increment, the auction will continue. This is not grounds for an auction to become void. At the end of every auction an automated audit is done and all extra bids will be refunded into the account of the affected Smokoo accounts.
Smokoo reserves the right to void any winnings that were obtained as a result of hardware/software error or malfunction. Customers found abusing such errors/malfunctions are subject to having their account closed and any deposits and/or purchases forfeited. In the event of a Website system malfunction all auctions are void.
Smokoo will not be liable or responsible for any losses at auctions due to third party purchase processing due to a failure of the mechanism during an auction.
Gift Vouchers/ Cards/ Collectors cards
Gift Vouchers/ Cards secured at auction are subject to the retailer’s terms and conditions. Users should refer to the back of the specific Gift Voucher or Gift Card for any retailer specific terms and conditions.
Collectors cards secured at auction will be valid for 1 year from the date the auction of the Collectors card has closed.Collectors cards are valid for redemption from Smokoo only.
Gift vouchers/ cards and Collectors cards cannot be exchanged at Smokoo for cash or converted to credits.
Collectors cards of the same product brand can be combined to redeem items of the same product brand only.
Smokoo Buy Now Deals
Shoppers will need to have a registered Smokoo account to participate in a BUY NOW Deals auction. All orders are subject to successful verification of your registered Smokoo account.
BUY NOW auctions are represented by the Red Shopping basket symbol.
Shoppers can choose to bid to secure the item on auction and/ or use the BUY NOW option to purchase the item at the advertised retail price.
The BUY NOW option is available from when the auction is created on the Site and for up to 24 hours only, after the auction has Finished. The BUY NOW option is available only once during the auction per shopper.
Shoppers may choose the use the BUY NOW option to purchase the item and continue to take part in the auction to also secure the item on auction. Credits you have already used to place bids on the auction, will be deducted from the final price you pay at the time you use the BUY NOW option.
All payments must be made through one of the available payment options provided on the Site
The Final Sale Price of the auction must reach the Reserve Price as noted in the auction details, for the final bidder to receive the item/ voucher on auction. Auctions that do not reach the Reserve Price of the Final Sale Price required, will be cancelled 24 hours after the auction and credits used in the auction returned to the participating shoppers accounts.
In the event that an auction is cancelled, credits not used by shoppers on the BUY NOW option will be returned to their Smokoo account. All shoppers who have used the BUY NOW option, their orders will still be honoured with the supplier, pending successful verification of your Smokoo account. The Final Bidder will receive 150% of the credits used in the auction back to their Smokoo account, except where credits have already been used on the BUY NOW option. In the event that the Final bidder completes their order prior to the auction being cancelled, the purchase price paid and any shipping costs paid will be converted to credits in the final bidders account.
Products/ Services purchased on a BUY NOW option may only be available in certain geographical locations and it is the shoppers' responsibility to ensure you are able to access the products/ services in the specified location. Shoppers will be liable for all eventual shipping and customs fees. Warranties on products/ services are provided by the suppliers and shoppers will need to contact the relevant supplier directly in the event of any claim.
When you have completed your order, you will need to contact support to complete the verification of your Smokoo account before details of the seller will be passed onto you.
PURCHASE:A purchase of a Smokoo BUY NOW Deal can be redeemed with the merchant within the specified period only as advised on the Buy Now auction details.EACH DEAL IS LIMITED AND ACCORDINGLY, WILL BE SOLD ON A “FIRST COME, FIRST SERVED” BASIS. Should the supplier not have sufficient stock available to honour the purchase, Smokoo will credit your Smokoo account with credits for the retail price paid.
CANCELLATION:Once you receive your order invoice by e-mail, you may cancel the order at any time within 7 working days from the day after the day you receive the e-mail (where a working day is any day that is not a Saturday, Sunday or public holiday recognised in South Africa).Any request to cancel, must be sent by e-mail to support@smokoo.com and sent from your Smokoo registered e-mail address (the same e-mail address the order invoice has been issued to), always provide that you have not redeemed your Buy Now deal. On cancelation, the purchase price paid, including any shipping costs will be refunded as credits to your Smokoo account.
REDEMPTION:Once your Smokoo account has been successfully verified, you will be provided with the Merchants contact details. Shoppers will be responsible for contacting the Merchant directly to receive their product/ services purchased within the specified period, using the Invoice Date, Invoice Reference and Payment Reference number provided in your order confirmation e-mail.You may only redeem your BUY NOW deal order once and only after the Smokoo Buy Now Deal auction has closed.Any attempted redemption of a BUY NOW deal order not consistent with these terms and conditions,may render a BUY NOW deal order void at our (or a Merchant’s) discretion.
RESPONSIBILITY:The Merchant and not Smokoo, is the seller of the product / services and solely responsible for providing you with the Product/ Services themselves, and for redeeming any BUY NOW deal you purchase within the specified period.
RESTRICTIONS: Reproduction, sale, resale or trade of a Smokoo BUY NOW Deal order is prohibited. Any attempt to carry out any of these will void the Smokoo BUY NOW Deal order. If the Smokoo BUY NOW Deal order is redeemed for less than the value of purchase, there is no entitlement to a credit or cash difference between the value paid and the amount redeemed.Smokoo BUY NOW Deal orders are redeemable in their entirety only and may not be redeemed incrementally.
COMBINATION: : It is at the discretion of the Merchant to determine whether Smokoo BUY NOW Deal orders can be combined with any other Smokoo BUY NOW deal order, or other promotions, vouchers, third party certificates or coupons.Smokoo BUY NOW deal orders may not be applied to cover shipping or handling charges which may be incurred when the Smokoo BUY NOW deal order is redeemed for a Product.
LOSS/ THEFT SMOKOO BUY NOW DEAL ORDER:Neither we nor the Merchant are responsible for lost or theft of Smokoo BUY NOW deals orders or the information contained within the e-mail received.
EXPIRY OF SMOKOO BUY NOW DEALS ORDERS:In respect of traditional Smokoo BUY NOW deals orders- The Specified Period (including, but not limited to, any discounts provided by the Smokoo BUY NOW deals order) expires on the date specified on the auction details. After the expiry date of the Specified Period, we will credit your Smokoo account with the consideration paid in respect of the Purchase, if you ask us to.
In respect of Smokoo BUY NOW deals orders which are redeemable for a ticket or admission to a specific ticketed event – Smokoo BUY NOW deals orders shall have no value once the specific event date and time has passed.Smokoo BUY NOW deals order are only refundable as credits ONLY
(i)by request until midnight on the day of purchase;
(ii) automatically if the event is cancelled and not rescheduled, and
(iii)upon request if event is rescheduled.
We have instituted this application procedure to minimise events of fraud.
STATUS OF SMOKOO BUY NOW DEALS ORDERS: All Smokoo BUY NOW deals orders are promotional deals that are offered for Purchase below Deal Value and are subject to this Agreement and to any terms and conditions of the relevant Merchant.
MERCHANT TERMS: Merchants will have their own applicable terms and conditions, in relation to their own supply of their goods and services, and you agree to (and shall) abide by those terms and conditions. The responsibility to do so is yours alone.
CONTENT ON THE WEBSITE AND SERVICE AND SMOKOO BUY NOW DEALS: It is your responsibility to ensure that any products, services or information available through the Website or the Service meet your specific requirements.
Product availability
Lead time is dependent on stock availability.Should stock of the purchased goods be available, orders will be dispatched within 2 working days after the mandatory verification is completed.
Should the product not be in stock, please allow 10 working days plus freight transit time. This will allow for manufacturing and delivery to our supplier.
Every effort is made to effect shipment of your order timeously. However, unforeseen circumstances may cause delays. Should we be faced with such an occurrence, The Site will contact you via email and provide a revised shipping schedule.
Certain items may only be available in specific localities and would incur an additional courier charge over and above that indicated on the auction information. Customers securing these items would be required to pay additional courier charges and also be liable for the local import duties of the final destination of the item.
Customers would also have the option, only for the items unavailable in their locality, to convert the item to credits.
Should an item no longer be produced we will endeavour to provide you with an item of same value and specifications or better.
Product Warranty
The Standard Manufactures Warranty is provided with products ordered.
Delivery Policy
Currently, all items purchased from The Site must be delivered by our/ the suppliers appointed carrier and will attract a delivery charge for your account and equal to the amount advised during the payment process.
When you click to make a purchase with us, legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, will be limited by our terms & conditions. You must not make any purchase through the site unless you understand and agree all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this Website.
Shipping
All shipping is handled by door-to-door insured courier. Please ensure the correct shipping address is provided from the outset as title and risk will pass to you once the order has left our/ the suppliers premises. The Site endeavours to ship all items within 21 working days from the date the order has been received and account verification is completed.
All auctions are subject to audit and items will not be shipped before a mandatory 72 hours after the auction has closed.
Dispatch of items purchased at Smokoo is subject to the successful verification of your account and authorisation of purchase transactions at Smokoo.
Please ensure that you check your items for any damage and/ or missing pieces and/ or correct item received before signing acceptance of the delivery. The site will not be liable for items not declared damaged or missing or incorrect at the time of delivery.
Undeliverable packages
Occasionally packages may be returned to us/ the supplier as undeliverable. Should this event occur, every attempt will be made to contact you to make arrangements for re-shipment. In the event of any additional charges incurred, you will be liable for such charges before re-delivery.
Order processing
Order processing will not begin until we receive a confirmed order and full payment. Items that are not ordered within 7 days of securing the auction will be forfeited and re-auctioned.
Initial verification of all Smokoo accounts is mandatory: Items that have been ordered and the Smokoo account remains unverified for period 14 days will also be forfeited and the items re-auctioned.
Shipping costs paid at the time of placing orders will also be forfeited where accounts remain unverified.
Refunds/returns Policy
Should you, for any reason, wish to cancel your purchase you will be liable for a 15% handling fee as well as the cost of return shipping. You must advise us in writing of your cancellation and any such cancellation must be signed by the person who made the original purchase. Upon receipt of your request Smokoo will advise you of the appropriate return address by email. The goods must be returned to us undamaged in the original packaging within 14 calendar days of the transmission date of our delivery instructions
* Note: The Site recommends that you use a courier service that offers a track and trace facility for all returns.
Should you choose to use a carrier that does not offer a tracking facility and the goods are lost then no refund or return will be considered.
Items purchased at Smokoo cannot be exchanged or redeemed for a cash value.
No refunds will be made on any Credit-Packages secured on auction. Credit-Packages secured on auction (outright win or on the Buy Now option) cannot be exchanged for a cash value or refunded.
No refunds can or will be processed for credits purchased to take part in auctions under any circumstances: This includes credits that have been returned to customer accounts after an auction has been cancelled and credits returned to accounts after securing any "100% off for the Winner" auctions.
Refunds: Cancelled Auctions
In the event of an auction being cancelled for any reason, the credits used in the last 10 minutes of bidding will be refunded to customers who have taken part in the auction. Any and all bids used prior to the 10 minute mark will be forfeited.
Smokoo Buy Now Deals Auctions Cancellation Policy.
The Final Sale Price of the auction must reach the advertised reserve price for the final bidder to receive the item/ voucher on auction. Auctions that do not reach the reserve price required, will be cancelled 24 hours after the auction and credits used in the auction returned to the participating bidders account. In the event that an auction is cancelled, credits not used by bidders on the BUY NOW option will be returned to their Smokoo account. All shoppers who have used the BUY NOW option, their orders will still be honoured with the supplier, pending successful verification of your Smokoo account. The Final Bidder will receive 150% of the credits used in the auction back to their Smokoo account, except where credits have already been used on the BUY NOW option.
Payment Options and Pricing
The Site endeavours to offer you competitive prices on current products; your total order price will include the price of the purchase plus any applicable sales tax and shipping charges.
The Site reserves the right to change pricing at any time without prior notice.
Should The Site reduce its price on any shipped products within 10 working days of shipment, you may contact us and request a refund of the difference between the price you were charged and the reduced selling price. To receive the refund you must contact us within 14 days of shipment.
Travel Vouchers and Travel Deals
The purchase of a flight, trip, stay or travel voucher will result in acceptance by the customer of the Conditions of Use of the issuing travel agency. If the client needs to read the agency's terms of service, Smokoo will direct customers to the services of the travel agency. Guarantees and assurances assigned to the supply of travel are strictly governed by the Conditions of Travel. Any claim or reimbursement for travel must be sent to Smokoo and in no event shall the travel agency concerned accept any such request.
Facebook and Twitter Applications
The site reserves the right to offer credits through its Facebook and Twitter applications based on the number of invitations. The Site reserves the right to modify or retract this service at any time without notice. The information exchanged through this service is protected and no one other than the Site has access to them.
Credit Card
We accept MasterCard and Visa credit cards. If you do not have a credit card please utilise one of the other payment options, or simply log off and return to the site at a later time to complete your order. All of your order details will be saved online in the Your Account section available for use whenever you’re ready!
Bonus and Promotion Codes
Bonus codes are issued on a discretionary basis and are applicable only for the method of purchase to which they are associated. I.e. SID bonus codes may only be used for SID purchases and UKash bonus codes may only be used for Ukash. Should bonus codes be used on a method of purchase for which they were not intended the site reserves the right to debit the credits obtained by using bonus codes not assigned to the method of purchase.
Questionnaires, Surveys and Profile Information
From time to time, we offer optional questionnaires and surveys to our users to gather demographic information or assessing users' interests and needs. The use of the information collected is explained in detail in the survey itself. If in these questionnaires and surveys, we ask for personal information to our users, they are informed of the use that will be made even before taking the survey or the questionnaire.
Security Policy
1. Datacash processes all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site's registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate Datacash to obtain confidential information.
2. Datacash is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Datacash servers are protected by firewalls and intrusion detection systems.
3. Datacash continually reviews and enhances its security in line with technological changes.
Monitoring
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
Law
The Conditions will be exclusively governed by and construed in accordance with the laws of the United Kingdom whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
Updating of these Terms and Conditions
We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
Consent
I understand that all the designs and trademarks are registered to Lipays Management Limnited and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by Lipays Management Limited, for any civil action or any legal action deemed necessary against me.
