Terms and Conditions
Terms of Use for the Pombit Website
Updated on October 21 2015
1. Everything written in these Terms of Use is worded in the singular male form but is equally applicable for both genders and for corporations, businesses and other legal entities.
2. General
2.1. Welcome to the Pombit website.
2.2. The site managers, G.D. Sharoni Ltd. Israeli RN 512646217 (“Site Managers”) manage the site under the domain (“Domain”) www.pombit.com (the “Site”). The Terms of Use, including and Privacy Terms, detailed here (“Terms of Use”) are a binding contract between you and Site Managers through the Site.
2.3. Please read carefully the Terms of Use before using the Site. Your usage of the Site, including but not limited to using it with/without registration and/or any other activity, legally bounds you to these Terms of Use, in their last format published in the Site. Please remember that the Terms of Use are a viable contract and their terms bound you and Site Managers.
2.4. In order to use the Site you must be 18 years of age and above, and legally able. You hereby confirm and declare that you are 18 or above and legally able.
2.5. The right of using the Site is personal. You hereby confirm and declare that you shall not transfer the right of use to any third side.
2.6. You hereby confirm that if Site Managers supply you with links and/or passwords you are solely responsible to keep these links and/or passwords secret. You hereby acknowledge that Site Managers are the sole owners of the password/s, including all intellectual property and creative rights in these password/s.
2.7. Terms of Use of the Site shall be altered and changed from time to time by Site Managers without notice and without need for a notice. It is your responsibility to get informed with these changes on your own by reading the Terms of Use of this Site carefully from time to time.
2.8. The Site will change from time to time, including but not only in its design, the way it is used, its contents, hours of activity, equipment needed to use it and/or see it, its characteristics, its specifications. Site Managers may, at any time, discontinue distributing information, change and/or stop any method of distribution of information and change the speed thereof and/or any other of its properties. However, Site Managers will do their best under the circumstances to complete all commitments they have taken on themselves.
2.9. Every person using the Site (“Using” meaning also accessing/browsing/surfing it, and/or any other use of the Site) confirms that he is aware of the Terms of Use of the Site and accepts them fully and that he and/or anyone on his behalf shall have any claim and/or submit lawsuit against the Site Managers and/or the site and/or owners of the Site and/or managers among the Site Managers and/or their agents and/or anyone on their behalf, as long as these claims are not regarding Site Managers’ commitments according to these Terms of Use.
2.10. In order to use the Site you must be legally able to access it via equipment that may change from time to time, because of various factors, including but not limited to the needs defined by the Site, technological changes and developments (the “Equipment”). You have sole responsibility over the Equipment, including but not limited to its existence, functionality, and upgrading. Site Managers shall not, under any circumstances whatsoever, take responsibility over damages and/or total loss to equipment and/or hardware and/or software and/or your data as a result of using the Site and/or for a situation in which your Equipment shall not support using the Site.
2.11. You hereby confirm that all activity in which you are involved and which you carry out in connection with/to the Site and Site Managers is legal and according to all law.
2.12. It is hereby clarified that Site Managers are not responsible to any damage that may be caused to Equipment and/or computers and/or cellular/mobile equipment and/or any other related machines/sorts of equipment/forms of technology that exist currently or shall be in use in the future, as a result of using the Site.
3. Mission of the Site – Sales and Auctions of Second Hand Industrial Equipment and Various Materials
3.1. The mission of the Site is public auctions and regular sales of second hand industrial equipment, raw materials and any other legal item for which a buyer is found (the “Equipment”), according to the following details:
3.1.1. Industrial machinery and tools in various conditions, which shall be detailed in the sales page of every item.
3.1.2. Raw materials: various materials which are related to industry and/or has a buyer.
3.1.3. Miscellanies: any other item for which a buyer shall be found.
4. Declaration of the Buyer: as a buyer, you hereby declare that:
4.1. You buy the Equipment in “As Is” condition, in the Seller’s yard, and that you shall have no claims whatsoever regarding the condition of the Equipment. You know and accept that the Seller alone is solely and exclusively responsible for the condition of the Equipment.
4.2. You are buying the Equipment for yourself as a buyer solely and you are not buying it for a third party, unless it was agreed otherwise between you and the Site Managers and was put in writing prior to the purchase of the Equipment.
4.3. If you sell the Equipment to a third party you take full responsibility over the entire sale. It is hereby clarified that if you sell the Equipment to a third party all Site Managers’ responsibility in accordance with this Terms of Use expires.
4.4. You shall not contact another buyer in the interest of coordination of prices and any other end or goal that is in conflict with these Terms of Use and principals of sales in this Site.
4.5. You shall not contact a seller in this Site in order to coordinate prices in advance or purchase not through the Site. You shall only contact a seller for the following goals: to check the Equipment and how to transport it.
4.6. On purchase, you shall be asked to confirm that you have seen and/or checked the Equipment, or at least that you had the opportunity to do so.
5. Declaration of the Seller: as a seller, you hereby declare that:
5.1. You are solely and exclusively responsible for the condition of the Equipment which you sell in an “As Is” condition. If any claims arise regarding the condition of the Equipment, including but not limited to during any legal procedures, you shall be solely and exclusively be responsible for them and you shall cover all expenses related to such procedures, including but not limited to legal fees and other expenses of Site Managers with regard to such procedures.
5.2. Your activity in the Site is subject to all declarations which you have made in the contracts that you have signed with the Site Managers (the “Contract”).
5.3. In addition, you declare as follows:
5.3.1. You shall not contact any potential buyer and will not allow such contact.
5.3.2. You shall have contact with a buyer only in order to coordinate transportation of the sold Equipment and checking it prior to transportation.
5.3.3. If another purchase deal results from the introduction between buyer and seller through this Site, and/or other potential buyers and/or people who were involved in the purchase deal through the Site, you shall pay a commission to the Site Managers according to the terms in the Contract.
6. Categories of Sales in the Site and Terms of Sales
6.1. Regular Sale: Sale of Equipment in the Site in which the price for an item is set by the Site Managers. The person purchasing the item is defined as a Buyer.
6.2. A Bid Sale: An auction of Equipment in the Site in which users of the Site make offers in gradual manner whereas each offer has to be higher than the previous one. The final buyer in such Bid Sale is defined as a Winner.
6.3. Minimum Bid: User who chooses a certain item and looks at its technical details will see the minimum price of the item even prior to the beginning of the sale. At the beginning of the sale the user will see the next price which can be offered for the item. Users will see, after the beginning of the sale, the higher bid made until that time and also the numbers of offers made for that certain item. Users shall not see any details of any bidder. In a Minimum Bid category, a “Warning Sign” shall appear, which will mean that the Seller has assigned a minimum price for the Equipment, which the Buyer cannot see. When a price offer higher than minimum bid is made, the Warning Sign shall be removed. If offers were made only under the minimum price and no higher bid was made, Buyer shall receive an announcement from Site Managers if his offer won, even though it was under the minimum bid, within 2 working days.
6.4. Beginning of Sale: Exact time recognized by the Site Managers and/or Owners as the starting time in which a bid can be made.
6.5. Automatic Bidder: A registered user can propose his goal price by marking the appropriate spot in the item page and the Bidder shall make higher bids for the potential buyer every time the price is updated on the system, up to the price he had set, or until the buyer wins the bid, the lower of the two.
6.6. End of Auction: The time set in advance by the Site Managers for the end of the auction.
6.7. Auction Extension: If a bid comes in during the last two minutes of the auction, prior to the End of Auction, the auction will be extended by two minutes beyond the End of Auction, repeatedly if necessary.
6.8. Determining Time: Time gaps between computerized systems may occur. For the avoidance of any doubt, the one and only Determining Time is according to the Site’s system and the decision of the Site Managers. Their decision is final, undeniable and non-arguable.
6.9. Sale cancelation by the buyer: in the occasion of a sale cancelation by a buyer, the buyer will be charged for a commission in the amount of 15% of the canceled sale (“Commission Fee of Canceled Sale”) according to the price of the auction win, or the set price in a regular sale (the “Canceled Sale Price”). Cancelation fee in the amount of 33% of the Canceled Sale Price will be added to the Commission Fee of Canceled Sale and the potential buyer who canceled the sale will be charged for both Cancelation Fee and Commission Fee for Canceled Sale. A sale in the Sale Price of 1,500 NIS + VAT or less is not cancelable.
6.10. Sale Cancelation because of buyer’s mistake: sale cancelation because of a mistake by the buyer shall result in charging the buyer with commission in the amount of 15% of the Canceled Sale Price. It is in the authority of the Site Managers to decidewhether the mistake occurred because of a Force Majeure independent of the buyer, including problems in the Site. Their decision is final, undeniable and non-arguable.
6.11. Sale Cancelation because of a mistake in the Site: In any case that the Site Managers decide that a Sale Cancelation occurred because of a mistake in the Site, including incorrect measures, mistaken item description or mistake in the presented price, as long as the mistake is not negligible, the potential buyer shall not be charged with a commission. The decision of the Site Managers is final, undeniable and non-arguable.
6.12. Site User Identification: Every user who chooses to use the services in the Site in order to purchase Equipment shall have to register in the Site and receive a User Name and Password that will be solely his. During registration the User shall submit the following items: Identity number, email address, phone number. When purchasing Equipment for the amount of over 2,000 NIS (with tax) the user shall have to submit further identification documents: an copy of his ID, electricity or water bills, municipality bills (Arnona) which are all current and bearing his own name. In order to make a purchase of _____________ NIS (without tax) and above, User shall have to submit more identifying documents. A User shall not be able to sign Terms of Use or participate in an auction or sale if isn’t registered and if has not received a User Name and Password.
7. Limitations on Items Sold in the Site
7.1. You hereby confirm and declare that you are aware that changes in the exact measurements of the item are possible, due to plausible differences between measuring tools and honest mistakes and you will have no claim against no one due to these changes.
7.2. You hereby confirm and declare that you are aware that colors and shades look different in different computers, cell phones, tablets and other viewing equipment and therefore Site Managers cannot obligate that color/shade which looks a certain way on a certain screen will look the same on other screens. Sometimes visuals of colors/shades change throughout the day according to existing conditions of light. You will have no claim against no one due to variations in colors/shades.
7.3. You hereby confirm and declare that you are aware that according to all law including but not limited to Protecting Consumers Regulations (Sale Cancelation), 2010, you will not be able to cancel sales of items sold through the Site, and you will not ask to return item/s after purchase.
7.4. You hereby confirm and declare that you will check thoroughly every item/s before purchasing it/them and only purchase them after finding that they are suitable to your needs and satisfactory in every way possible for you.
8. Price List for Equipment
8.1. Price list for Equipment is specific for every item and changes according to the sole consideration of the Site Managers and its Site owners. There are no fixed prices and no guarantee that two identical items would be sold at the same price, even if their production year and technical situation are identical.
9. Payment for Equipment
9.1. General: After winning an auction or purchase Site Managers or Owners will contact winner/buyer in order to coordinate way of payment;
9.2. Bank account transfer: to a bank account whose details shall be given to the buyer/winner after purchasing/winning an auction on the Site, through an email sent to the buyer/winner’s email address.
9.3. PayPal: Payment through PayPal by clicking the PayPal icon in the Site. The payer is then transferred to his personal PayPal account in order to make a payment or to create a personal account by which to pay. Please note that payment through PayPal doesn’t allow dividing into payments.
9.4. Credit Card: To an account whose details shall be transferred to the buyer/winner through email after purchase/winning.
10. Privacy