General Terms and Conditions for Using 10DollarHomeDeals.com Online Services

The General Terms and Conditions (hereafter referred to as: "GTCs") of 10DollarHomeDeals.com. (hereafter referred to as "10DHD") and use of 10DHD online services can be found in the following provisions. The user is obliged to gain an extensive overview of the format, functions and operation of the website. The 10DHD 'Frequently Asked Question' page should be helpful in this process. The 'Frequently Asked Question' page contents are an addendum to the following GTCs and the user acknowledges them by the use of 10DHD online services.

§ 1 Validity and Compliance

(1) The following provisions delineate the GTCs and guidelines of 10DHD and services offered, along with the use of the 10DHD website. 10DHD is the provider of a particular variety of auction with a skill and strategy element found on this website. They serve to regulate the contractual and operational relationship between 10DHD and the users of the auctions found on this website (hereafter referred to as "participants"). They apply to every participant, whether they are natural persons or legal entities. The participant declares his/her consent with these General Terms and Conditions by checking the "I have read and accept the GTC" box when establishing their user account.

(2) 10DHD reserves the right to change these GTCs, at any time and without stated reasons. The participant will be notified of changes to the GTCs, by e-mail. Modified GTCs, are regarded as being accepted by the participant, if their validity is not contested within two weeks. These GTCs, are valid as of 1st June 2009.

§ 2 Contract, Eligibility, and Registration

(1) The contractual partner of the participant is:
10DHD,
25 Pacifica, #6206,
Irvine, Ca. 92618.

(2) Those eligible to participate are natural persons older than 18 years and legal entities with proper direction from their board or managing partner. Excluded are 10DHD employees, their relatives and dependants. The contractual conclusion for the purchase of Credits (see paragraph 4 of these GTCs) or for purchase agreements within a checkout process (see par. 8 of these GTCs) occurs through a participant offer and acceptance through 10DHD. The participant enters their bid offer by means of the online form through the click of the button "Place Bid" (using credits). The participant purchases credits by means of the online form through the click of the button "Submit & Review Order". 10DHD declares its acceptance in an e-mail communication to the participant.

(3) In order to utilize the site, a user must complete the statements contained in the registration form. Please read the relevant data protection regulations. Each user is only permitted to register once under their postal address (residence). 10DHD and participants are obliged to keep passwords confidential. 10DHD will not make passwords available to third parties. 10DHD will neither request participant passwords by e-mail nor by telephone. The participant is responsible for the use of his/her user account and password, as long as there has not been a breach of due diligence. If the participant is not responsible for the misuse of his/her user account or password, he/she shall not be liable for damages.

§ 3 Participants – Expulsion

(1) Participants may be excluded from the site at any time at the discretion of 10DHD. Such an exclusion is imperative when a participant has violated legal regulations, third-party rights or these GTCs; or in the case of a legitimate interest on the part of 10DHD or the portal operator, particularly due to outstanding payments or other matters for the protection of other participants.

(2) Furthermore, 10DHD is entitled to change (in particular to reduce or suspend) its services at any time and without prior notice. This does not apply to ongoing auctions.

§ 4 10DHD Credit Purchase, Credit Account

(1) In order to use 10DHD online services, the participant must purchase so-called Credits. Credits are a fictitious currency used in paying for online services offered by 10DHD. One 10DHD Credit bought singly corresponds to the equivalent value of $10.00 (ten U.S. dollars). Credits may be purchased singly or in packages of between 2 and 100 credits. The participant must purchase a balance of Credits before taking advantage of 10DHD services. Each participant's current account balance will be displayed in their customer account area. Account balance statements are non-binding and do not in themselves justify entitlement to the use of 10DHD online services at their equivalent value. Participant account balances are not transferable and have no cash value.

(2) Payment can be made by any of the payment methods offered (e.g. credit card, PayPal). Participants do not have the right to the use of any payment method. An invoice for Credits is due immediately. In the case of an effective cancelation of a contract, the booked amount is refunded within four weeks by 10DHD, however, in many cases you will be refunded even faster. Any fees incurred for returned direct debits are to be reimbursed by the participant when they are at fault. In the case of a return debit note, 10DHD reserves the right to deny access to a user account until full payment of the invoice amount has been made.

§ 5 "Low-Solo" Auction Procedure

(1) Low-Solo auctions are posted for a pre-determined duration. A countdown clock which indicates the time remaining for each specific auction period is displayed alongside each offer. A participant can place a bid at a price point of their choosing for the duration of an offer. The fee to place a bid is determined by the price of a bid at the time of placement; currently, it amounts to one 10DHD Credit. The fee is debited from the Credits account of the participant at the time of the bid placement. The auction concludes with the lapse of time. The lowest bid, which also comprises a singular offer, is the winner. All other bids lose their validity and expire. The purchase price for Credits used in the placement of other bids will not be reimbursed. During the auction period, participants are informed online about the status of their bid and also receive notification by e-mail as soon as the status of their bid has changed. Additionally, the rules found under "How it works?" also apply. The participant declares that s/he has read and fully comprehended these regulations and is in agreement with them.

(2) A bid submitted by a participant represents an offer to 10DHD for the purchase of an entitlement, upon conclusion, to enter into a purchase contract in the amount of the bid plus additional closing fees as they may occur. As aforementioned, the entitlement is established through the awarding of a win as soon as the auction is concluded. In order to purchase the auctioned property, the participant must complete the purchase contract and seller financing application process according to paragraph 8 of these GTCs. The entitlement can neither be transferred to third parties nor burden the rights of third parties.

(3) If the bidding requirements (sole lowest bid at a certain price) are not fulfilled, a tie breaker contingency will apply where the lowest bid with only two bidders will establish the contract price. With the bidder who selected the price first, as recorded by the 10DHD servers, being designated as the winner and granted the entitlement to enter into the purchase contract. All other bids lose their validity and expire. The purchase price for Credits used in the placement of other bids will not be reimbursed.

(4) Although 10DHD will make every attempt to keep the auction participants apprised of their bid status, it is each participant's sole responsibility to monitor their status and, at their discretion, to re-bid should they be out bid at any time. 10DHD is not responsible for lost or delayed delivery of courtesy bid status notifications.

§ 6 Purchase Completion

(2) It is the participant's sole responsibility to inform him/herself about the results of an auction. As a courtesy to the winning participant in an auction 10DHD will notify them of auction results by e-mail. After a successful auction, the participant receives a statement of the auction price together with closing costs. Regardless of the statement, the participant is required to pay, in cash, the total sum within fourteen days of the successful close of auction or request seller financing terms within three days. The total sum must be received in the appointed account within fourteen days to comply with the time limit. After expiration of the time limit, 10DHD can declare the contract void so that the participant is no longer entitled to the transfer of property. Paid and expended bid rights will not be refunded to participants in this case. Title will be transferred after the payment of the purchase price, including closing costs. Beforehand, 10DHD reserves the right to withhold performance. A further pre-requisite for transfer is that all Credits are paid for and that participants' accounts are balanced. Initially, incoming payments will be calculated according to existing participant liabilities from the purchase of Credits.

§ 7 Cancellation Terms

(1) If you are the consumer, you can cancel your contract statement, without specific reasons, within two weeks after purchasing Credits. To ensure the revocation period, a notice of cancellation, or the goods, must be sent in due time. Cancellations can be sent to:

10 Dollar Home Deals
25 Pacifica, #6206
Irvine, Ca 92618

or must be submitted through our contact form at www.10dollarhomedeals.com.

(2) In case of an effective cancellation, 10DHD will refund you the transaction amount less any third party processing fees. Paid amounts for 10DHD Credits will not be refunded, if one or more credits of the purchased package were used by the participant.

§ 8 System Failure

In case of a system failure, which cannot be excluded according to the current state of technology, active auctions will be halted, as far as the system is able to recognize this beforehand and that it is technically possible. After the removal of the error, the auction will be continued. In this case, a claim to the re-imbursement of the purchase price of expended Credits does not apply. Neither 10DHD nor the operator of this internet portal guarantees the continuous operation of the system. 10DHD or the portal operator are not responsible for damage resulting from the use (or lack thereof) of 10DHD services by users or third parties. Likewise, 10DHD or the portal operator is not responsible for damage resulting from technical defects, which prevents users from placing bids or placing bids in a timely manner.

§ 9 Legal Succession

10DHD is entitled to fully or partially transfer its rights and duties resulting from contracts with participants to a legal successor.

§ 10 Liability Exclusion/Limitation

(1) 10DHD shall not assume any liability for actions of a participant and the resulting claims from another participant or third party, to the extent that the participant is responsible for this. Legal claims that could arise against 10DHD in this respect, are assumed by the responsible participant. The accountable participant shall also assume the costs of a legal defense with regard to possible emerging attorney, court costs, expert fees or other costs in connection with an extra-judicial or judicial legal dispute. This disclaimer does not apply when the participant is not responsible for damages that have arisen.

(2) To the full extent permissible by applicable law, 10DHD is only liable for specific foreseeable and typical damage arising from a contractual conclusion. A liability for secondary damage, such as, for example, lost winnings, is excluded. 10DHD disclaims all other warranties. 10DHD will not be liable for any damages of any kind arising from the use of this site. Please note, that under several state laws you may have more extensive rights.

(3) As it is impractical for 10DHD to be able determine all applicable local, county, state and federal guidelines, rules and ordinances as they pertain to an individual participant's ability to take part in our online services. The participant agrees by registering for an account with 10DHD that they are in compliance with all local, county, state and federal guidelines, rules and ordinances as they pertain to the individual's participation in 10DHD online services and assumes any and all responsibility for their lack of compliance should that be determined to be the case.

§ 11 Interference in Data Processing Activities

Each participant, either themselves, indirectly through third parties or with the assistance of programs is prohibited from interfering in, influencing, disrupting, copying without permission, disseminating or otherwise manipulating data processing activities underlying the 10DHD website. This is also applicable with regard to the website layout. Participants are not permitted to use bidding software; such use can result in expulsion.

§ 12 Written Form, Applicable law and Legal Jurisdiction

Declarations undertaken in the contractual relationship with 10DHD must be in written form and sent to the address indicated in the imprint or sent to us by e-mail. With contractual relationships with companies, the parties agree to the applicability of the law of the State of California. To the extent that third parties are involved in the contractual relationship with 10DHD, the legal jurisdiction is agreed to be the State of California.

§13 Severability Clause

If a provision of these GTCs, should be invalid, the remaining provisions shall retain their validity.