General Terms and Conditions
for the AuxBid.de Auction Portal
Fa. Zankoo.de
Owner: Daniel Schwieger
Stobraer Str. 47
99510 Apolda
Germany
Phone: +49 (0) 3644 6053168
Fax: +49 (0) 3644 5109995
Email: info@auxbid.de
Website: https://www.auxbid.de
hereinafter referred to as “AuxBid.de”, the “platform”, the “auction portal”,
the “operator” or the “service provider”.
1. Scope
1.1 These General Terms and Conditions apply to the use of the
AuxBid.de auction portal and to all services, functions, sales formats, member
accounts, shops, classified advertisements, auctions, live auctions,
fixed-price purchases and other platform services offered through it.
1.2 AuxBid.de is aimed at both private users and commercial
providers, entrepreneurs, merchants, service providers and other providers.
1.3 Through AuxBid.de, users may in particular list, search for,
buy, sell, auction, bid on or offer goods, digital content, services,
classified advertisements, real estate, vehicles and other permissible offers.
1.4 These Terms and Conditions apply to all registered members and
to all users who visit the platform or use functions of the platform.
1.5 Deviating, conflicting or supplementary terms of a user do not
become part of the contract unless AuxBid.de expressly agrees to their validity
in text form.
1.6 Supplementary terms, fee schedules or service descriptions may
apply to individual paid services, shop packages, additional services, payment
services, merchant functions, buyer protection services, payout conditions or
special sales formats.
2.
Contracting Party and Role of AuxBid.de
2.1 The operator and service provider of the platform is:
Fa. Zankoo.de
Owner: Daniel Schwieger
Stobraer Str. 47
99510 Apolda
Germany
Email: info@auxbid.de
2.2 AuxBid.de provides a technical platform through which users can
list, search for, buy, sell, auction or otherwise conclude contracts with each
other regarding their own offers.
2.3 To the extent offers are listed by users, private sellers,
commercial sellers, merchants or other third-party providers, AuxBid.de does
not become a contracting party to the contracts concluded between buyer and
seller.
2.4 In such cases, the contracting parties are exclusively the
respective seller and the respective buyer.
2.5 In such cases, AuxBid.de is neither seller nor buyer,
manufacturer, merchant, supplier, intermediary with authority to conclude
contracts, nor representative of either party.
2.6 AuxBid.de may, however, also offer its own offers or its own
paid services. In such a case, AuxBid.de will be expressly identified as the
contracting party.
2.7 AuxBid.de may provide technical functions for payment
processing, offer management, communication, complaint handling, withdrawal
handling, fee billing, reviews, buyer protection review, fraud prevention or
dispute handling without automatically becoming a contracting party to the
respective transaction between buyer and seller.
2.8 To the extent payments are processed through AuxBid.de or
through integrated payment service providers, this is done exclusively in
accordance with these Terms and Conditions, the payment and payout terms and
the terms of the respective payment service provider.
3.
Registration and User Account
3.1 Use of certain functions of AuxBid.de requires registration.
3.2 Upon completion of registration and acceptance of these Terms
and Conditions, a user agreement for use of the platform is concluded between
the user and AuxBid.de.
3.3 There is no entitlement to registration, activation or permanent
use of the platform.
3.4 Registration is permitted only for natural persons with full
legal capacity, legal entities and partnerships with legal capacity.
3.5 Natural persons must be at least 18 years old.
3.6 During registration, all requested data must be provided
completely, truthfully and up to date. This includes in particular:
·
first name and last name;
·
address;
·
email address;
·
telephone number;
·
username;
·
for commercial users
additionally company name, legal form, authorised representative and business
contact details.
3.7 If the provided data changes, the user is obliged to update the
data in the user account without undue delay.
3.8 Registration of a legal entity or company may be carried out
only by a natural person authorised to represent it.
3.9 The user is obliged to keep his or her access data confidential
and to protect it from access by third parties.
3.10 The password may not be passed on to third parties.
3.11 AuxBid.de will never ask users for their password by email or
telephone.
3.12 If misuse of the user account is suspected, the user is obliged
to inform AuxBid.de without undue delay.
3.13 The user is generally liable for all activities carried out
through his or her user account to the extent the user is responsible for them.
3.14 Transfer of a user account to another person is not permitted
without the consent of AuxBid.de.
3.15 Reviews, verifications, shop data and account histories are
generally not transferable.
4. Private
Users and Commercial Providers
4.1 Private users may buy and sell items on AuxBid.de without having
to open a shop.
4.2 Private sellers must describe their offers truthfully,
completely and lawfully.
4.3 Private sellers may not appear as private providers if they are
in fact acting commercially.
4.4 Commercial providers must identify their offers as commercial.
4.5 Commercial providers are themselves responsible for providing
all statutory mandatory information.
4.6 Commercial providers must include or link, in the respective
item listing or in their merchant profile, in particular the following
information:
·
complete contact information;
·
provider identification / legal
notice;
·
own terms and conditions, where
used;
·
withdrawal instructions, where
legally required;
·
model withdrawal form, where
legally required;
·
shipping information;
·
packaging information;
·
delivery times;
·
shipping costs;
·
payment information;
·
statutory warranty information;
·
guarantee terms, where
guarantees are offered;
·
product-specific mandatory
information, where required.
4.7 AuxBid.de provides technical input fields or profile areas for
this purpose, but is not obliged to verify the legal completeness or accuracy
of the information provided by commercial providers before publication.
4.8 Commercial providers remain solely responsible for the legality
of their offers and mandatory information.
5. Shop
Opening and Shop Packages
5.1 Commercial providers may open their own shop on AuxBid.de,
provided AuxBid.de makes this function available.
5.2 Opening a shop may depend on booking a paid shop package.
5.3 The available shop packages, their scope of services, terms,
fees, payment intervals and termination conditions are set out in the
respectively current price and fee schedule or in the respective booking
process.
5.4 Shop fees may be charged monthly or annually.
5.5 Shop fees are paid in advance unless otherwise stated in the
respective shop package.
5.6 If a shop package is not paid on time, AuxBid.de may suspend,
deactivate, downgrade or terminate the shop.
5.7 Outstanding fees remain due even after suspension, termination
or deactivation of a shop.
5.8 AuxBid.de is entitled to change shop packages, scopes of
services and fees with effect for the future. Users will be informed of
material changes in good time.
6. Service
Description of the Platform
6.1 AuxBid.de provides registered users with the technical
possibility to create, publish, manage, buy, sell, advertise or participate in
offers.
6.2 AuxBid.de offers in particular sales and offer formats for B2B
and B2C customers.
6.3 Possible sales and offer formats include in particular:
·
fixed-price purchase;
·
classic auctions;
·
live auctions;
·
classified advertisements;
·
real estate listings;
·
vehicle listings;
·
paid additional options;
·
shop functions;
·
commercial merchant offers;
·
private sales offers.
6.4 Whether a sales format, listing, additional option, shop package
or other function is subject to a fee is displayed to the user before the
respective function is used or booked.
6.5 AuxBid.de may make individual functions subject to requirements,
in particular registration, verification, commercial status, payment of
outstanding fees, technical activation or compliance with special platform
rules.
6.6 AuxBid.de advertises the platform and may, for this purpose,
display users’ offers, images, texts, categories and other content within the
platform, in search engines, on social media channels or via technical
interfaces to the extent required for operation and promotion of the platform.
6.7 Content published by users does not represent the opinion of
AuxBid.de.
6.8 AuxBid.de generally does not review offers and content in
advance for legality, accuracy, completeness, quality, availability or
commercial suitability.
6.9 AuxBid.de is, however, entitled to review, block or remove
offers, content or user accounts if there are specific indications of legal
violations, violations of these Terms and Conditions, misuse, fraud or other
risks.
7. Sales
Formats
7.1 Fixed-Price Purchase
7.1.1 In a fixed-price purchase, the seller offers an item at a
fixed price.
7.1.2 The buyer can purchase the item immediately without waiting
for a bidding process.
7.1.3 The purchase contract between buyer and seller is concluded as
soon as the buyer completes the purchase through the platform in a binding
manner and confirms the order process.
7.1.4 For paid orders placed with consumers, the button must clearly
indicate that a payment obligation is triggered.
7.1.5 The seller is obliged to deliver the item under the stated
conditions or make it available for collection.
7.1.6 The buyer is obliged to pay for and accept the item.
7.2 Fixed-Price Purchase with Multiple Items
7.2.1 Sellers may offer several similar items in one listing,
provided this function is available.
7.2.2 The offered items must be accurately described with regard to
essential characteristics such as condition, version, size, colour, scope of
delivery and quality.
7.2.3 The purchase contract is concluded in each case for the
quantity selected by the buyer.
7.3 Auctions
7.3.1 In auctions, the seller offers an item for auction for a
specified period of time.
7.3.2 Buyers may place bids during the auction period.
7.3.3 A bid submitted is binding.
7.3.4 The purchase contract is concluded with the buyer who has
submitted the highest effective bid at the end of the auction, provided the
offer conditions are met.
7.3.5 If a reserve price has been set, a purchase contract is
concluded only if that reserve price is reached or exceeded.
7.3.6 After successful auction completion, the seller is obliged to
sell the item to the highest bidder unless a statutory or contractual reason
prevents this.
7.3.7 After a successful knockdown, the buyer is obliged to pay for
and accept the item.
7.3.8 Bids on one’s own offers and bids by connected persons for
price manipulation are prohibited.
7.4 Live Auctions
7.4.1 In live auctions, sellers may present and auction items in
real time.
7.4.2 Buyers may place bids during the live auction if they are
entitled to participate.
7.4.3 A bid submitted during a live auction is binding.
7.4.4 The contract is concluded when the knockdown is made in
accordance with the respective auction terms or when the platform confirms the
successful knockdown.
7.4.5 The item description, the conditions stated in the offer and
the information bindingly confirmed during the live auction are decisive for
the contractual content.
7.4.6 Oral or visual statements made during a live auction are
binding only to the extent they become part of the offer or knockdown
confirmation.
7.4.7 AuxBid.de may interrupt, cancel, delete or subsequently review
live auctions for technical, legal or security-related reasons.
7.5 Classified Advertisements
7.5.1 In classified advertisements, the provider publishes an
advertisement for an item, object, vehicle, real estate property, service or
other permissible offer.
7.5.2 Classified advertisements may be paid or free of charge
depending on their design.
7.5.3 Whether and in what amount costs arise for a classified
advertisement is displayed before publication.
7.5.4 Unless expressly stated otherwise, a classified advertisement
initially constitutes an invitation to make contact or to submit an offer.
7.5.5 In the case of classified advertisements, a contract is
generally concluded only by separate agreement between provider and interested
party unless the platform expressly provides a binding purchase or booking
process.
7.6 Real Estate Listings
7.6.1 Real estate listings are used to present real estate offers,
in particular sale, rental, lease or other transfer of use.
7.6.2 The provider is responsible for the accuracy and completeness
of all information.
7.6.3 AuxBid.de is not an estate agent, owner, landlord, seller or
contracting party unless this is expressly stated.
7.6.4 Information concerning area, prices, ancillary costs, energy
performance certificate, condition, availability, location, fixtures and
fittings and other characteristics must be provided accurately and lawfully by
the provider.
7.6.5 A contract concerning real estate is not concluded solely
through publication or contact via AuxBid.de, but only in accordance with the
statutory requirements and the agreements of the parties.
7.7 Vehicle Listings
7.7.1 Vehicle listings are used to present vehicle offers.
7.7.2 The provider is obliged to provide all essential information
about the vehicle correctly and completely, in particular make, model, year of
manufacture, date of first registration, mileage, condition, accident-free
status or accident damage, previous owners, equipment, price and location.
7.7.3 AuxBid.de is not the seller, dealer, owner or intermediary of
the vehicle unless this is expressly stated.
7.7.4 A contract concerning a vehicle is not concluded solely
through publication or contact via AuxBid.de, but by separate agreement between
provider and buyer.
8. Contract
Conclusion between Buyers and Sellers
8.1 The specific point in time at which the contract is concluded
depends on the respective sales format.
8.2 For fixed-price purchases, the contract is concluded upon
binding confirmation of the purchase.
8.3 For auctions, the contract is concluded at the end of the
auction period with the highest bidder, provided all conditions are met.
8.4 For live auctions, the contract is concluded upon knockdown or
binding knockdown confirmation.
8.5 For classified advertisements, a contract is concluded only if
the provider and interested party agree separately or if the platform provides
a binding contract process.
8.6 Before completing a paid transaction, the user is given the
opportunity to review and correct his or her entries.
8.7 The essential contract information is displayed before a binding
declaration is submitted, in particular item, seller, price, shipping costs,
payment method, delivery terms and other offer conditions.
8.8 AuxBid.de may provide order confirmations, knockdown
confirmations, invoice information and platform messages automatically by email
or in the user account.
9. Fees,
Commissions and Paid Services
9.1 Registration as a user may be free of charge.
9.2 Fees or commissions may apply for certain services, functions,
additional options, classified advertisements, shop packages or successful
sales.
9.3 Paid functions may include in particular:
·
shop packages;
·
commercial merchant functions;
·
additional options for offers;
·
highlights;
·
homepage placements;
·
advertising options;
·
classified advertisements;
·
real estate listings;
·
vehicle listings;
·
sales commissions;
·
other platform services.
9.4 Whether a function is subject to a fee is displayed to the user
before booking or use.
9.5 The amount of the fees is set out in the respectively current
fee schedule, the respective shop package, the booking process or the
individual agreement.
9.6 Fees may be charged monthly, annually, once or
transaction-based.
9.7 Shop fees are payable monthly or annually depending on the
selected package.
9.8 Sales commissions may become due after a successful sale.
9.9 Invoices are provided electronically or sent to the email
address stored in the user account.
9.10 AuxBid.de is entitled to set off outstanding fees, commissions
or other claims against payout claims of the user to the extent legally
permissible.
9.11 Users may not circumvent fees, commissions or technical
protection mechanisms of the platform.
9.12 Deliberate settlement outside the platform for the purpose of
circumventing fees is prohibited.
9.13 AuxBid.de may change fees and commissions with effect for the
future. Users will be informed of material changes in good time.
10. Payment
Methods and Payment Processing
10.1 Payments for paid services of AuxBid.de and for transactions
processed through the platform may be made using the payment methods offered on
the platform.
10.2 Possible payment methods include in particular:
·
Stripe;
·
credit card;
·
PayPal;
·
bank transfer;
·
other payment methods displayed
on the platform.
10.3 The payment methods available in each case are displayed to the
user in the payment or booking process.
10.4 When payment is made through external payment service
providers, the terms of the respective payment service provider apply
additionally.
10.5 AuxBid.de may restrict, change or temporarily deactivate
individual payment methods if objective reasons exist, in particular technical
disruptions, security risks, suspected fraud, chargebacks or payment
disruptions.
10.6 Paid services are due for payment immediately unless otherwise
stated.
10.7 In the event of default in payment, AuxBid.de may block access
to paid functions, deactivate shops, restrict offers, assert dunning fees and
exercise statutory rights.
10.8 For certain sales, in particular fixed-price purchases,
auctions, live auctions or other transactions processed through the platform,
payment by the buyer may initially be processed through AuxBid.de or through a
payment service provider integrated by AuxBid.de.
10.9 In such cases, payout of the sales proceeds to the seller is
not made directly by the buyer, but in accordance with the platform processes
through AuxBid.de or through the integrated payment service provider.
10.10 AuxBid.de is entitled to temporarily withhold payouts to
sellers if objective reasons exist. Objective reasons include in particular:
·
suspicion of fraud;
·
suspicion of identity misuse;
·
open buyer complaints;
·
unresolved complaints;
·
chargebacks;
·
payment disruptions;
·
unconfirmed shipping;
·
unconfirmed delivery;
·
contradictory information from
buyer and seller;
·
outstanding fees or
commissions;
·
breach of these Terms and
Conditions;
·
breach of statutory provisions;
·
official or court orders.
10.11 Payout is generally made only once the buyer’s payment has
been successfully received and there are no specific indications of fraud,
misuse, reversal or other irregularities.
10.12 AuxBid.de may set off outstanding fees, sales commissions,
chargebacks, refunds or other justified claims against payout claims of the
seller to the extent legally permissible.
10.13 The specific payout duration, payout method and any security
periods are set out in the respectively current payment and payout terms of the
platform.
10.14 AuxBid.de does not provide payment processing services as a
payment service requiring authorisation to the extent these services are
provided by a regulated payment service provider. The terms of the respective
payment service provider may apply additionally to payment processing.
11. Buyer
Protection and Protection against Fraud
11.1 AuxBid.de may provide buyers with buyer protection or
comparable protection mechanisms against fraud, non-delivery, incorrect
delivery or material deviations from the offer.
11.2 Buyer protection serves to support buyers with certain problems
in connection with transactions concluded through AuxBid.de and processed
through the platform checkout.
11.3 Buyer protection may apply in particular if:
·
the buyer has paid but has not
received the goods;
·
the delivered item materially
differs from the item description;
·
there is a justified suspicion
of fraud;
·
the seller does not respond
despite payment;
·
shipping or delivery evidence
is missing;
·
a transaction was obviously
manipulated or carried out abusively.
11.4 Buyer protection is not a substitute for statutory warranty,
withdrawal or damages rights. Statutory rights of the buyer against the seller
remain unaffected.
11.5 AuxBid.de decides, after reviewing the individual case, whether
and to what extent a buyer protection case is recognised.
11.6 The buyer is obliged to open a buyer protection case without
undue delay after becoming aware of the problem through the reporting channels
provided by AuxBid.de.
11.7 The buyer must provide all information, evidence and documents
required for the review. This includes in particular:
·
order number;
·
proof of payment;
·
communication history;
·
photos or videos of the
received item;
·
shipping or tracking
information;
·
other suitable evidence.
11.8 The seller is obliged to cooperate in clarifying a buyer
protection case and to provide requested evidence within a reasonable period.
This includes in particular shipping evidence, delivery evidence, item
information and communication evidence.
11.9 If the seller fails to comply with his or her duty to
cooperate, AuxBid.de may decide in favour of the buyer if the available
information justifies this.
11.10 In the context of a buyer protection case, AuxBid.de may in
particular take the following measures:
·
temporary withholding of
payout;
·
refund to the buyer;
·
partial refund;
·
request for subsequent
delivery;
·
request for return acceptance;
·
suspension of the seller;
·
removal of offers;
·
set-off against future payouts;
·
initiation of further review or
security measures.
11.11 A claim to buyer protection exists only within the framework
of these Terms and Conditions and the applicable buyer protection terms of
AuxBid.de.
11.12 Buyer protection may be excluded in particular in the
following cases:
·
settlement outside the
platform;
·
cash payment outside the
intended platform process;
·
deliberately false information
by the buyer;
·
abusive use of buyer
protection;
·
lack of cooperation by the
buyer;
·
payment that cannot be proven;
·
goods or services expressly
excluded from buyer protection;
·
pure classified advertisements
where the contract was concluded outside the platform checkout.
11.13 In the event of misuse of buyer protection, AuxBid.de may
restrict or suspend the user account or take legal action.
11.14 AuxBid.de is entitled to use technical and organisational
measures for fraud prevention. These include in particular plausibility checks,
payment checks, identity checks, verifications, limits, security periods,
manual reviews and restriction of individual functions.
12. Seller
Protection and Payout
12.1 AuxBid.de may provide sellers with protection mechanisms for
secure payment processing.
12.2 Sellers generally receive the sales proceeds through AuxBid.de
or through the integrated payment service provider, provided the respective
transaction was processed through the platform checkout.
12.3 Payout to the seller generally takes place only after
successful receipt of the buyer’s payment and after expiry of any security,
review or processing periods.
12.4 AuxBid.de is entitled to withhold payouts if a buyer protection
case, complaint, withdrawal, suspicion of fraud, chargeback or other need for
clarification exists.
12.5 The seller is obliged to ship sold items properly, retain
shipping evidence and provide it to AuxBid.de upon request.
12.6 For items that require shipping, AuxBid.de may make payout
dependent on valid shipping or delivery evidence.
12.7 In the case of collection, AuxBid.de may make payout dependent
on a collection confirmation, collection code, digital handover confirmation or
comparable evidence.
12.8 If a transaction is reversed, AuxBid.de may set off or reclaim
amounts already paid out, fees, chargebacks or refund amounts against future
payouts.
12.9 Sellers have no claim to immediate payout as long as there are
specific indications of misuse, fraud, reversal, outstanding fees or other
risks.
12.10 The precise payout periods, security periods, evidence
obligations and retention rights may be regulated in separate payment and
payout terms.
13.
Obligations of Sellers
13.1 Sellers may list only items, goods, services, classified
advertisements or other offers that they are entitled to sell or offer.
13.2 Offers must be described completely, truthfully, understandably
and lawfully.
13.3 Sellers must in particular provide the following information
correctly:
·
item name;
·
description;
·
condition;
·
price;
·
scope of delivery;
·
shipping method;
·
shipping costs;
·
delivery time;
·
location;
·
collection conditions;
·
defects;
·
essential characteristics;
·
payment terms;
·
return and withdrawal
information, where required.
13.4 Commercial sellers must additionally provide all statutory
mandatory information.
13.5 Sellers may not provide false, misleading or incomplete
information.
13.6 Sellers must properly deliver sold items or make them available
for collection.
13.7 Sellers must answer enquiries, complaints and contract-related
messages within a reasonable time.
13.8 Sellers may not insert links, advertising or references that
deliberately lead to circumvention of the platform.
13.9 Sellers may not unlawfully pass platform fees, payment fees or
sales commissions on to buyers where this violates the fee schedule or
applicable law.
13.10 Sellers are obliged to cooperate in buyer protection cases,
fraud reviews, payment reviews and payout reviews.
13.11 Upon request, sellers must provide AuxBid.de with suitable
evidence of shipping, handover, delivery, item condition, communication or
other transaction-relevant circumstances.
14.
Obligations of Buyers and Bidders
14.1 Buyers and bidders may submit only serious and binding
purchases, bids or enquiries.
14.2 A bid is binding.
14.3 Joke bids, sham bids, manipulative bids and bids without intent
to pay are prohibited.
14.4 Buyers are obliged to pay for and accept purchased items on
time.
14.5 Buyers must provide complete and correct delivery and payment
data.
14.6 Buyers may not ask sellers to circumvent the platform.
14.7 Buyers may not use communication functions for spam, insults,
threats, fraud or other unlawful purposes.
14.8 Buyers are obliged to cooperate in buyer protection cases,
complaints, fraud reviews and payment reviews.
14.9 Buyers may not use buyer protection abusively.
15.
Prohibited Items, Offers and Content
15.1 The sale, purchase, advertising or brokerage of items, services
or content that violates statutory provisions, third-party rights or public
morals is prohibited.
15.2 In particular, the following are prohibited:
·
stolen goods;
·
counterfeit branded products;
·
plagiarism;
·
illegal goods or services;
·
prohibited weapons;
·
ammunition;
·
explosives;
·
narcotics;
·
prescription-only medicines
without permission;
·
content harmful to minors;
·
extremist content;
·
discriminatory content;
·
pornographic content where
unlawful;
·
personal data of third parties;
·
access credentials;
·
malware;
·
hacking tools;
·
products or content that
infringes copyrights, trademark rights, design rights, personal rights or other
third-party rights.
15.3 AuxBid.de may define further prohibited or restricted
categories.
15.4 AuxBid.de may delete, block or restrict offers if there are
specific indications of a violation.
16. Reviews
and Verified Members
16.1 Users may review each other after a transaction if AuxBid.de
provides this function.
16.2 Reviews must be factual, truthful and based on the user’s own
experience.
16.3 In particular, the following are prohibited:
·
untrue reviews;
·
insulting reviews;
·
retaliatory reviews;
·
extortionate reviews;
·
self-reviews;
·
purchased reviews;
·
reviews by commissioned third
parties;
·
surreptitious advertising;
·
manipulation of the review
system.
16.4 AuxBid.de generally does not review ratings before publication,
but may remove, block or restrict reviews if there are specific indications of
legal violations or breaches of these Terms and Conditions.
16.5 AuxBid.de may offer users the status of “verified member” or a
comparable designation.
16.6 For private users, proof of identity may be required for this
purpose.
16.7 For commercial users, trade licence or business registration
evidence, commercial register extract, VAT identification number, proof of
identity or other suitable evidence may in particular be required.
16.8 There is no entitlement to verification.
16.9 If verification is rejected because required evidence is not
submitted, not submitted completely or not submitted on time, there is no
entitlement to activation.
17.
Communication through AuxBid.de
17.1 Communication between users may take place through the
platform.
17.2 Users may use the communication functions only to carry out
permissible platform transactions.
17.3 It is prohibited to deliberately redirect other users to
external sales channels if this circumvents fees, security mechanisms or
protection functions of AuxBid.de.
17.4 Spam, advertising for other platforms, insults, threats,
attempted fraud, phishing, malicious links and unlawful content are in
particular impermissible.
17.5 AuxBid.de may technically check, filter or evaluate
communications to the extent legally permitted where this is necessary for
security, prevention of misuse, fraud prevention, contract performance or legal
enforcement.
18. Shipping,
Delivery and Collection
18.1 Shipping method, shipping costs, delivery time and collection
conditions are set out in the respective offer.
18.2 Sellers are responsible for proper packaging, shipping and
handover.
18.3 Commercial sellers must state shipping costs, delivery times
and packaging conditions transparently.
18.4 In the case of collection, the goods are handed over at the
stated location or at an agreed handover location.
18.5 Upon handover to the buyer or an authorised person, the goods
are deemed handed over.
18.6 Buyers are obliged to inspect the goods upon collection for
obvious damage, completeness and conformity with the offer.
18.7 Statutory warranty rights remain unaffected.
18.8 For transactions involving payout through AuxBid.de, handover
or delivery may be relevant for payout. AuxBid.de may request suitable
evidence, in particular tracking number, delivery evidence, handover
confirmation, collection code or digital confirmation.
19. Right of
Withdrawal
19.1 Consumers may have a statutory right of withdrawal in contracts
with commercial sellers.
19.2 Commercial sellers are themselves obliged to properly inform
consumers about the existence or non-existence of a right of withdrawal.
19.3 The withdrawal instructions of the respective commercial seller
must be provided in the offer, in the merchant profile or in the order process.
19.4 For contracts between private users, there is generally no
statutory right of withdrawal.
19.5 For contracts concerning paid services of AuxBid.de, consumers
may have a statutory right of withdrawal against AuxBid.de.
19.6 The right of withdrawal may expire prematurely in the case of
digital services or services that begin immediately if the consumer has
expressly agreed that AuxBid.de begins providing the service before the
withdrawal period expires and the consumer has confirmed his or her knowledge
that, by giving consent, he or she loses the right of withdrawal once
performance begins, provided the statutory requirements are met.
20.
Withdrawal Instructions for Paid Services of AuxBid.de
Consumers have a right of withdrawal for paid contracts with
AuxBid.de in accordance with the following provisions:
Right of Withdrawal
You have the right to withdraw from this contract within fourteen
days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion
of the contract.
To exercise your right of withdrawal, you must inform us,
Fa. Zankoo.de
Owner: Daniel Schwieger
Stobraer Str. 47
99510 Apolda
Germany
Phone: +49 (0) 3644 6053168
Fax: +49 (0) 3644 5109995
Email: info@auxbid.de
by means of a clear statement, for example by letter, fax or email,
of your decision to withdraw from this contract.
You may use the attached model withdrawal form for this purpose, but
this is not mandatory.
To meet the withdrawal deadline, it is sufficient that you send the
notification that you are exercising the right of withdrawal before the
withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we must reimburse all payments
we have received from you without undue delay and no later than fourteen days
from the day on which we receive notification of your withdrawal from this
contract.
For this reimbursement, we will use the same payment method that you
used for the original transaction unless expressly agreed otherwise with you.
In no case will you be charged any fees for this reimbursement.
Expiry of the Right of Withdrawal
The right of withdrawal expires prematurely in the case of a
contract for services if AuxBid.de has fully performed the service and began
performing the service only after the consumer gave express consent to this and
simultaneously confirmed his or her knowledge that the right of withdrawal is
lost upon full performance of the contract by AuxBid.de.
21. Model
Withdrawal Form
If you wish to withdraw from the contract, please complete this form
and return it to:
Fa. Zankoo.de
Owner: Daniel Schwieger
Stobraer Str. 47
99510 Apolda
Germany
Fax: +49 (0) 3644 5109995
Email: info@auxbid.de
I hereby withdraw from the contract concluded by me for the
provision of the following service:
Ordered on:
Name of the consumer:
Address of the consumer:
Signature of the consumer, only if notified on paper:
Date:
22. Statutory
Warranty and Complaints
22.1 Statutory provisions apply to defect claims between buyer and
seller unless otherwise effectively agreed.
22.2 In contracts between consumers and commercial sellers,
mandatory consumer protection provisions apply.
22.3 Private sellers may exclude liability for material defects to
the extent legally permissible, provided this is effectively and clearly stated
in the offer.
22.4 A possible wording for private sellers is:
“The sale is made excluding any liability for material defects. This
exclusion does not apply to damage arising from injury to life, body or health,
nor in cases of intentional or grossly negligent conduct.”
22.5 Complaints concerning items, deliveries, defects or returns
must generally be asserted against the respective seller.
22.6 AuxBid.de may provide technical functions for complaint
handling without thereby becoming the seller or contracting party of the
purchase contract.
22.7 In the case of open complaints, buyer protection cases or
reversals, AuxBid.de may temporarily withhold payouts to sellers until the
matter has been clarified.
23. Content,
Rights and Uploads
23.1 Users may upload or publish texts, images, videos, logos,
product data, documents and other content on AuxBid.de.
23.2 The user warrants that he or she holds all required rights to
such content.
23.3 The user grants AuxBid.de a non-exclusive right of use, limited
geographically and temporally to the contractual term, to use the content for
the operation, display, technical processing and promotion of the platform.
23.4 This includes in particular display in offers, search results,
categories, shops, recommendations, emails, mobile views, social media previews
and advertising areas of the platform.
23.5 The user remains the owner of his or her content.
23.6 AuxBid.de is entitled to remove or block content if there are
specific indications of legal violations, infringements of rights or breaches
of these Terms and Conditions.
24. Data
Protection
24.1 Personal data is processed in accordance with the Privacy
Policy of AuxBid.de.
24.2 Users are obliged to use personal data of other users
exclusively to perform the respective contract or for permissible platform
communication.
24.3 Use of personal data for advertising, disclosure, sale or other
unrelated purposes is prohibited without a legal basis or consent.
24.4 Commercial providers remain responsible for their own data
processing.
24.5 In the context of payment processing, fraud prevention, buyer
protection review, seller review and payout, personal data may be processed
and, where necessary, transmitted to payment service providers, shipping
service providers, review bodies, legal advisers or authorities. Details are
set out in the Privacy Policy.
25.
Sanctions, Suspension and Termination
25.1 AuxBid.de may take measures if there are specific indications
that a user is violating statutory provisions, third-party rights, these Terms
and Conditions or other platform rules.
25.2 Possible measures include in particular:
·
deletion of offers;
·
removal of content;
·
warning;
·
restriction of individual
functions;
·
temporary suspension;
·
permanent suspension;
·
deactivation of a shop;
·
retention or set-off of
outstanding amounts;
·
withholding of payouts;
·
reversal of payments;
·
information to buyers in case
of suspected fraud;
·
termination of the user
agreement;
·
legal action.
25.3 Permanent suspension may occur in particular in the following
cases:
·
false contact details;
·
suspicion of fraud;
·
fee circumvention;
·
manipulation of auctions;
·
repeated negative reviews;
·
legal violations;
·
misuse of the platform;
·
misuse of buyer protection;
·
transfer of a user account;
·
renewed registration after
suspension.
25.4 After permanent suspension, the user may not register again
unless AuxBid.de expressly agrees.
25.5 Users may terminate their account at any time, provided there
are no open transactions, fees, disputes, buyer protection cases, payout
reviews or statutory retention obligations to the contrary.
25.6 AuxBid.de may terminate the user agreement ordinarily with a
notice period of 14 days to the end of the month.
25.7 The right to extraordinary termination for good cause remains
unaffected.
25.8 Outstanding fees remain due even after termination or
suspension.
25.9 AuxBid.de may additionally temporarily withhold payouts to
sellers or permanently set them off against justified claims if there are
specific indications of fraud, misuse, fee circumvention, chargebacks, open
buyer protection cases, repeated complaints or other breaches of these Terms
and Conditions.
25.10 In the event of serious breaches, AuxBid.de may stop ongoing
transactions, remove offers, inform buyers, reverse payments, suspend seller
accounts and take legal action.
26. System
Stability, Availability and Technical Disruptions
26.1 AuxBid.de endeavours to ensure the platform is available with
as few interruptions as possible.
26.2 There is no entitlement to availability at all times.
26.3 The platform may be temporarily restricted or unavailable, in
particular due to maintenance, updates, security measures, technical
disruptions, attacks, force majeure or failures of external service providers.
26.4 AuxBid.de is not liable for temporary technical outages unless
these are based on intentional or grossly negligent conduct.
26.5 In the event of technical disruptions during auctions or live
auctions, AuxBid.de is entitled to extend, cancel, repeat or review auctions or
annul knockdowns if this is necessary for fair and proper processing.
26.6 The use of software, scripts, bots, crawlers, manipulation
techniques or other mechanisms that may disrupt, overload or damage the
platform is prohibited.
27.
Manipulation and Misuse
27.1 Any manipulation of auctions, bids, prices, reviews, search
results, visitor numbers, sales figures, user accounts or technical platform
functions is prohibited.
27.2 In particular, the following are prohibited:
·
bids on one’s own offers;
·
bids by friends, family members
or connected third parties to increase prices;
·
sham bids;
·
joke bids;
·
fake purchases;
·
fake reviews;
·
artificial increase of visitor
numbers;
·
multiple accounts to circumvent
rules;
·
circumvention of fees;
·
misuse of buyer protection;
·
feigning non-delivery;
·
feigning incorrect delivery;
·
false shipping or delivery
evidence;
·
phishing;
·
fraud;
·
technical attacks;
·
automated mass access without
consent.
27.3 In the event of violations, AuxBid.de may take appropriate
measures under these Terms and Conditions.
28. Liability
of AuxBid.de
28.1 AuxBid.de is liable without limitation in cases of intent and
gross negligence.
28.2 In cases of simple negligence, AuxBid.de is liable only for
breach of essential contractual obligations. In such cases, liability is
limited to the typical and foreseeable damage under the contract.
28.3 Essential contractual obligations are obligations whose
fulfilment is essential for the proper performance of the user agreement and on
whose compliance the user may regularly rely.
28.4 Liability for damage arising from injury to life, body or
health remains unaffected.
28.5 Liability under mandatory statutory provisions remains
unaffected.
28.6 AuxBid.de is not liable for offers, content, goods, services,
statements, reviews, deliveries, defects or other actions of users to the
extent there is no own responsibility.
28.7 AuxBid.de is not liable for the commercial success of offers,
sales, auctions, classified advertisements, shops or advertising measures.
28.8 Buyer protection and fraud prevention measures do not
constitute a guarantee that fraud, payment defaults, incorrect deliveries,
non-deliveries or other breaches of duty can be completely prevented.
29.
Indemnification
29.1 The user indemnifies AuxBid.de against all claims asserted by
third parties due to an infringement of their rights by offers, content,
reviews, actions or breaches of duty by the user.
29.2 The indemnification also includes reasonable costs of legal
defence, including court costs and lawyers’ fees.
29.3 This does not apply to the extent the user is not responsible
for the legal infringement.
29.4 The user is obliged to provide AuxBid.de with reasonable
support in defending against such claims and to provide all required
information.
30. Consumer
Arbitration
30.1 AuxBid.de is neither obliged nor willing to participate in
dispute resolution proceedings before a consumer arbitration board unless a
statutory obligation exists.
30.2 The former European platform for online dispute resolution has
been discontinued. No reference is therefore made to this platform.
30.3 Statutory rights of consumers remain unaffected.
31. Changes
to the Terms and Conditions
31.1 AuxBid.de may amend these Terms and Conditions with effect for
the future if there is an objective reason for doing so.
31.2 Objective reasons may include in particular changes in the
legal situation, changes in case law, technical developments, new platform
functions, changes to the business model, security requirements or changes to
the fee structure.
31.3 Users will be informed of material changes in good time by
email or through the user account.
31.4 If the user does not object to the changes within the notified
period, the changes are deemed accepted, provided AuxBid.de has expressly
informed the user of this legal consequence.
31.5 In the event of an objection, AuxBid.de may terminate the user
agreement ordinarily.
32.
Applicable Law
32.1 The law of the Federal Republic of Germany applies, excluding
the UN Convention on Contracts for the International Sale of Goods.
32.2 In relation to consumers, this choice of law applies only
insofar as it does not restrict mandatory consumer protection provisions of the
country in which the consumer has his or her habitual residence.
33. Place of
Jurisdiction
33.1 If the user is a merchant, a legal entity under public law or a
special fund under public law, the place of jurisdiction is the registered
office of AuxBid.de.
33.2 The same applies if the user has no general place of
jurisdiction in Germany or relocates his or her domicile or habitual residence
abroad after conclusion of the contract.
33.3 Statutory exclusive places of jurisdiction remain unaffected.
33.4 In relation to consumers, the statutory places of jurisdiction
apply.
34. Final
Provisions
34.1 The contractual language is German.
34.2 The user may save and print these Terms and Conditions.
34.3 The current version of the Terms and Conditions is available on
AuxBid.de.
34.4 If individual provisions of these Terms and Conditions are or
become invalid in whole or in part, the validity of the remaining provisions
remains unaffected.
34.5 The statutory provisions apply in place of the invalid
provision.
Additional
Note for Commercial Providers
Commercial providers must independently ensure that their offers
comply with statutory requirements. This includes in particular:
·
legal notice;
·
withdrawal instructions;
·
model withdrawal form;
·
own terms and conditions, where
used;
·
privacy notices, where
required;
·
price information including VAT
notice;
·
shipping costs;
·
delivery times;
·
statutory warranty information;
·
guarantee terms;
·
product-specific mandatory
information;
·
energy labelling, where
required;
·
warnings, where required;
·
CE, safety or labelling
obligations, where required.
AuxBid.de provides technical options for this purpose but does not
carry out a legal review of provider information.
Technical
Note on Checkout
For paid orders placed with consumers, the order button must clearly
indicate the payment obligation.
Recommended labels include in particular:
·
“order with obligation to pay”;
·
“buy with obligation to pay”;
·
“Buy now”;
·
“Buy immediately”.
Unclear labels such as “Continue”, “Order”, “Complete” or “Register”
should not be used for paid orders.
Immediately before completion of a paid order, at least the
following information should be displayed to the user:
·
seller;
·
item or service;
·
essential characteristics;
·
total price;
·
shipping costs;
·
payment method;
·
term or auction end;
·
delivery terms;
·
withdrawal information, where
required.
Additional
Note on Buyer Protection and Payout
Buyer protection by AuxBid.de generally applies only to transactions
that have been fully processed through the intended platform process and the
platform checkout.
Transactions that are concluded or paid outside AuxBid.de may be
excluded from buyer protection.
Payouts to sellers may be delayed or withheld for security reasons,
in particular in cases of suspected fraud, open complaints, missing evidence or
unresolved buyer protection cases.
The specific details should additionally be regulated in separate
buyer protection terms and payment and payout terms.
Status: June 2026