Auction Terms and Conditions Reverse Auction ("Dutch Auction")
§ 1 Axel Springer Deutschland GmbH Auction
(1) Axel Springer Deutschland GmbH enables participation in a public auction ("Auction") of digital and movable items ("Items"), such as NFT fan cards, on the domain www.sammeldeinteam.de. These terms and conditions govern participation in a "reverse" auction, in which the price of the items starts at a fixed starting price and falls continuously from there at fixed time intervals until a bidder buys the item at the then current price.
(2) The execution of the auction is the responsibility of
Liquiditeam GmbH
Willy-Brandt-Platz 16-20
38102 Braunschweig, Germany
Email: support@liquidi.team
("Operator").
(3) The Operator is responsible for the content of the items and for the processing after the award of the bid. The legal relationships arising from the auction of the items shall be between the Operator and the Bidder.
§ 2 Registration
(1) The use of the auction as a bidder requires registration. There is no entitlement to register and open a bidder account.
(2) Registration as a bidder is only permitted for natural persons and legal entities with unlimited legal capacity.
(3) The data requested by the operator during registration must be complete and truthful. If the data provided during registration changes, the bidder is obliged to update the information immediately. The bidder account is personal and non-transferable.
(4) The bidder chooses a personal password when registering. This password must be kept secret and may not be disclosed or otherwise made accessible to third parties. If there are indications that the password has become known to third parties or is being misused, the bidder is obliged to inform the operator immediately.
(5) It is prohibited to manipulate bids by using several bidder accounts or in cooperation with other users.
(6) The operator is entitled to revoke the registration and block bidders who violate the auction conditions. This regulation can also be applied analogously to bidders.
§ 3 Procedure of the auction
(1) The auction starts with a starting price of €2024 per sticker set by the operator. This starting price decreases by €15 every 10 minutes after the auction begins. The minimum price per sticker is €100; there will be no further reduction below this price. The auction ends as soon as the first bidder accepts the operator's offer at the current price and has successfully completed the subsequent purchase process for the sticker. The time of purchase is documented.
(2) Some auctions may be subject to VAT. This is expressly indicated in the auction. In these cases, the statutory VAT is already included in the starting bid (gross amount).
(3) The bid (placed on sammeldeinteam.de) is an invitation to submit an offer to purchase the item at the current price.
(4) The bidder's offer becomes effective upon completion of the purchase process, in particular upon payment of the purchase price.
(5) The first valid bid for the purchase of the item received by the Operator shall be accepted by the Operator (award of contract). As a rule, the acceptance of the bid will be implied by the transmission of the item to the bidder. The Operator is entitled to refuse to award a bid to bidders who have violated the auction conditions.
(6) The Operator reserves the right to cancel an auction before the end of the auction period and not to accept incoming bids. Reasons for termination are in particular deterioration or destruction of the item, an incorrect auction description or if a pledge has been triggered by payment.
§ 4 Exclusion of warranty and liability
(1) The auctioned item shall be clearly identified by a number (auction ID) and identified by a description of its condition, at least one photo and, if applicable, an expert opinion, and auctioned as described in the text and picture.
(2) Claims due to a material defect or a defect in title pursuant to §§ 474 para. 2 sentence 2 BGB, 312g para. 2 no. 10 BGB are excluded. The exclusion does not apply to claims for damages due to damages caused intentionally or by gross negligence and due to damages resulting from injury to life, limb or health based on negligent breaches of duty. An intentional or negligent breach of duty is equivalent to that of a legal representative or vicarious agent. Cancellation of the contract and return of the item are also excluded in accordance with §§ 474 Para. 2 S. 2 BGB, 312g Para. 2 No. 10 BGB.
§ 5 Transfer of risk; collection of the items
(1) The risk of accidental loss and accidental deterioration of the item shall generally be transferred to the successful bidder upon acceptance of the bid. The risk of accidental loss or accidental deterioration shall pass to the successful bidder upon handover/dispatch or upon default of acceptance.
(2) The successful bidder must identify himself and any third party authorized to collect the goods to the vendor at the latest upon collection/dispatch.
(3) After successful completion of the auction, buyers will receive a jersey by post to the address provided by the buyer in addition to the digital version of the card. For this purpose, buyers will be contacted by e-mail after the purchase to provide their shipping address. The addresses provided will be used exclusively for the purpose of sending the jersey. Further information on data protection and the rights of buyers can be found in our privacy policy. We are not liable for any delays or losses that may occur during postal dispatch. By participating in the auction, buyers agree to these terms and conditions.
§ 6 Data protection
The data protection regulations published on www.sammeldeinteam.de apply.
The privacy policy can also be made available in paper form on request.
§ 7 System integrity
(1) The contents of SammelDeinTeam may not be copied, distributed or used or reproduced in any other way without prior consent.
(2) It is prohibited to use mechanisms, software or other routines when using SammelDeinTeam that could impair or destroy its functionality in any way.
§ 8 Amendment of the auction conditions
(1) The operator may amend the General Auction Conditions at any time and without giving reasons. The amended conditions shall be published and announced on www.sammeldeinteam.de at least 14 days before they come into force. The operator will provide separate notification of changes to the General Auction Conditions on the SammelDeinTeam homepage or by e-mail.
(2) Bidders may object to the amended conditions before they come into force by deleting their bidder account.
(3) When registering for the first time after amended terms and conditions have come into force, they must be accepted. Refusal to accept them shall be deemed an objection and will result in the bidder's account being deactivated.
§ 9 Choice of law clause
The legal relationship between the operator and the bidder is subject to German law, insofar as this is legally permissible.