Auction Terms and Conditions
§ 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.
(2) The implementation of the auction is the responsibility of
Liquiditeam GmbH
Willy-Brandt-Platz 16-20
38102 Braunschweig, Deutschland
Email: support@liquidi.team
(“Operator”).
(3) The Operator is responsible for the content of the items and for processing the auction after the bid has been accepted. The legal relationships arising from the auction of the items are 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 duration of an auction shall be set by the operator for a specific period of time (auction period), measured on the basis of the exclusively relevant system time. The end of the auction shall be indicated.
(2) The items placed in the auction by the Operator are offered at a starting bid. Some auctions may be subject to sales tax. This is expressly pointed out 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 bids for the auction.
(4) The bid submitted by the bidder is an offer for the award of the contract. He is bound by his bid until it expires due to an effective, higher bid.
(5) The highest bid at the end of the auction will be awarded by the operator (award of contract). The highest bidder will be informed by e-mail that he has been awarded the lot. The operator is entitled to refuse to award a bid to bidders who have violated the auction conditions or who are blocked in accordance with § 2 (8).
(6) Once the payment modalities have been announced, the highest bidder must pay the bid amount to the bidder within ten days.
(7) 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.
(8) If an auction ends at a time when access to the SammelDeinTeam platform is not possible for all bidders for technical reasons, the auction period may be extended by the operator by up to 72 hours. If an auction ends at a time when access to the SammelDeinTeam platform is not possible for all bidders for technical reasons, a knockdown communicated incorrectly by the system in this case is invalid. The highest bidder at this time will be informed of this by the operator as soon as possible by e-mail. The item can be put up for a new auction; there is no entitlement to a new auction.
(9) Ownership of the auctioned item is transferred step by step against payment and handover of the item.
§ 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) In the case of § 1 para. 3 b and 3 c, 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 damage caused intentionally or by gross negligence and due to damage resulting from injury to life, limb or health caused by negligent breaches of duty. An intentional or negligent breach of duty is equivalent to that of a legal representative or vicarious agent. Revocation 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 goods
(1) The risk of accidental loss and accidental deterioration of the item shall generally be transferred to the highest bidder upon acceptance of the bid. For items pursuant to § 1 (3) (b) and (c), the risk of accidental loss or accidental deterioration shall pass to the highest bidder upon handover/dispatch or upon default of acceptance.
(2) The highest bidder must identify himself and any third party authorized to collect the goods to the vendor at the latest upon collection/dispatch.
(3) Upon request, a receipt will be issued for the bid amount paid; otherwise, the bank statement shall serve as proof of proper payment. The issuance of an invoice in accordance with § 14 UStG (German Value Added Tax Act) by the vendor shall only take place for auctions subject to VAT. This is expressly stated in the auction (§ 3 para. 2 sentence 3).
§ 6 Data protection
The data protection regulations published on www.sammeldeinteam.de apply.
Find the Privacy Policy here.
The data protection provisions 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. A refusal to accept is deemed to be an objection and leads to the deactivation of the bidder account.
§ 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.