General Terms and Conditions
This is a translation into english of the General Terms and Conditions from 03/02/2015 of Sammelkartenmarkt Limited und Co. KG, Nordkapstr. 4, 10439 Berlin - hereinafter called "Provider". The english version is for informal purposes only. For all legal matters only the german version is to be considered.
1 Provider and Scope
- Provider of the internet market place en.pokemoncardmarket.eu (hereafter: online platform) and thus contractual partner for the users of this online platform is the company Sammelkartenmarkt Limited & Co. KG (hereafter: Provider).
- Sammelkartenmarkt Ltd. & Co. KG
- Nordkapstr. 4
- 10439 Berlin
- Telephone: +49 30 34781236 (Not for customer support)
- email: firstname.lastname@example.org
- Registration office: Amtsgericht Berlin-Charlottenburg
- Registration number: HR A 39760
- Sales tax identification number: DE256122758
- Sammelkartenmarkt Ltd. & Co. KG is represented by its personally liable partner: Sammelkartenmarkt Limited, 69 Great Hampton Street, Birmingham B18 6EW, Company Number 06245645, Companies House, GB, which in turn is represented by its managing directors Luis Torres, Dr. Matthias Knelangen and Dr. Marko Schädlich.
- These terms and conditions contain the terms and code of conduct for using the online platform and for all legal transactions and quasi-contractual activities which are effected between you and the provider. It is, however, possible that additional terms are applied for certain special services. These will be made available to you before use in the form of additional terms and conditions. General terms and conditions deviating from these terms are not applicable unless the provider agrees explicitly.
- For the purchase and redemption of coupons these GTC apply accordingly, unless deviating regulations have been agreed upon.
2 Specification of services
- The online platform is an internet market place where game trading cards are offered, sold and bought. The Provider merely acts as an agent arranging contracts between sellers and buyers. Users of the online platform are given the opportunity to place sale offers, to buy and sell trading cards, and to manage sales procedures via the online platform operated by the Provider. The Provider is no party to the contracts made between the users of the online platform operated by the Provider. Instead, the fulfilment of the contracts concluded via the online platform is effected exclusively between the users.
- A free registration is necessary in order to be able to use the online platform. Member’s use of the online platform is only permitted under legal regulations and these general terms and conditions.
- The provider enables you to take over and to use data via an application programming interface (API) (see nr. 9 of these GTC).
- Usage of the Provider's online platform requires the registration of a user account. Account registration is free of charge.
- During registration you state your name, address and e-mail address und choose a user name and password. Additionally, you have to confirm that you have read and accepted the GTC and that you have received the cancellation policy. The provider then sends you an e-mail with an activation code in order to verify your e-mail address. With this e-mail the provider offers you the conclusion of a user contract. You accept this offer by entering the activation code after your first login and the activation of your user account. The provider reserves the right to refuse registration without giving reasons.
- All information (excepting your name) can be changed or complemented later in your profile settings.
- Your chosen password must be kept confidential. Particularly, you have to ensure that your login data do not come into the possession of any third party who could then use your user account. In case you lose your password or suspect that a third party is using your user profile, you are obliged to inform the provider immediately. In order to protect your account from the unauthorized access of a third party, you should change your password regularly.
- All natural and legally competent persons above 18 years of age, as well as legal persons can register as a user. In the case of legal persons the registration must be completed by an authorized representative. Account registration for third parties without consent, as well as multiple accounts for a single user are expressly prohibited. The Provider reserves the right to demand that appropriate evidence (excerpt from the commercial register, trade license, regulatory licenses) be provided prior to account activation.
- The data requested during registration is to be entered completely and correctly. Changes of personal data shall immediately be reported and/or corrected by the user in the profile settings. This particularly applies to the termination of business or freelance activities, as well as insolvency and company liquidation. User accounts are not transferable.
- The Provider reserves the right to make the utilization of the service provided dependent on certain requirements, such as the verification of personal user data and the amount of positive and negative ratings or the payment of the agreed commission.
4 Right of withdrawal
- The law provides a right of withdrawal for consumers for the provision of services also for distance contracts which are free of charge. Accordingly, we have to inform you about the right of withdrawal as follows:
- Cancellation policy
- A customer is any natural person who concludes a legal transaction which predominantly cannot be attributed to their commercial or freelance activities.
- Right of revocation
- You may revoke this contractual statement within 14 days, without stating reasons. The revocation period is 14 days with effect from the conclusion of contract. In order to exercise your right of revocation, you will have to inform us (Sammelkartenmarkt Limited & Co. KG, Nordkapstr. 4, 10439 Berlin, eMail: email@example.com) about your decision to cancel this contract by means of a clear statement (e.g. a letter sent by mail, telefax or email). For this, you may use the attached model revocation form, which is not, however, mandatory. To observe the revocation period it is sufficient to send the notice on the exercise of the right of revocation before expiry of the revocation period.
- Consequences of cancellation
- If you cancel this contract, all payments made by you, including shipping costs (excepting additional costs resulting from your choice of a different shipping method than the most advantageous shipping offered by us) shall be promptly refunded by us within 14 days at the latest with effect from the day we have received your notice of revocation of this contract. For this refund we will use the same means of payment that you have used for the original transaction, unless deviating terms were expressly agreed on with you; we will in no event charge you for this refund. In case you have requested that the provision of services begin during the revocation period, you shall have to pay the appropriate amount for the share of services already provided at the time of your notice of exercise of revocation regarding this contract as compared to the total extent of services scheduled according to the contract.
- Exclusion of the right of revocation
- The right of withdrawal does not apply, if you, upon conclusion of the legal transaction, exercise your commercial or freelance activity and are thus to be regarded as entrepreneur (§ 14 German Civil Code).
- Model revocation form
- (If you wish to cancel the contract, please fill in this form and send it back to us)
- Sammelkartenmarkt Limited und Co. KG
- Nordkapstr. 4
- 10439 Berlin
- E-Mail: firstname.lastname@example.org
- I/We* hereby give notice that I/we* withdraw from my/our* contract for provision of the following services
- Ordered on (*)/received on (*)
- Name of the customer(s)
- Address of the customer (s)
- Signature of the customer(s) (only for notice sent by mail)
- (*) Please delete as applicable.
- End of the information about the cancellation policy
- The right of withdrawal does not apply, if you, upon conclusion of the legal transaction, exercise your commercial or freelance activity and are thus to be regarded as entrepreneur (§ 14 German Civil Code).
- You expressly agree to us commencing the provision of services before the end of the withdrawal period.
- For services rendered to you by us within the period until the withdrawal the agreed payments (prices) are to be paid.
5 Service Fees
- Account registration, buying, and placing offers, are all free of charge.
- If contracts are made via the platform provided, the Provider charges the seller with a fee depending on the value of the merchandise, which is directly withheld. The Provider's right to charge a fee is constituted by the conclusion of a contract between buyer and seller. The right to charge the fee also applies if the contract between the users is not fulfilled at all, or not to the users' satisfaction, unless the Provider is responsible for the result. The right to charge a fee applies regardless of further handling and fulfillment of the contract between the users. In particular, the right to charge a fee does not depend on the payment of the remuneration negotiated between buyer and seller.
- The amount of the fee charged depends on the price list of the Provider valid at the time of the sale. In order to use the escrow service (No. 15 of these GTC) and to credit funds to the user account via PayPal (No. 14 of these GTC) or "Sofortüberweisung" (No. 14 of these GTC), additional fees are to be paid which may be taken from the price list.
6 Duration of Contract
- The contract between you and the provider is concluded for an indefinite duration. The contract may be terminated by you at any time by notifying the Provider within a notice period of two weeks to the end of the month. The notification must be in writing.
- The Provider may terminate the contract at any time within a period of two weeks to the end of the month. The right to suspend user accounts shall remain unaffected by this.
- The right to extraordinary termination of contract of both parties remains unaffected.
7 Contract conclusion between users
- Placing offers on the platform operated by the Provider constitutes a legally binding offer for the conclusion of a contract.
- If a buyer accepts such an offer by adding one or more items to their shopping cart and by confirming the purchase, a legally valid contract between seller and buyer is concluded.
- The price of the purchase is to be paid within a week after contract conclusion.
- The seller is obliged to shipment of the merchandise within one week after receiving payment as well as to apply the mode of shipment chosen by the buyer.
8 Rights of use for uploading contents
- You grant the Provider transferable, single rights, unlimited in time and place to the contents published by you on the online platform so far as necessary for operating the online platform.
- In particular, you grant the provider the right to upload the respective contents to the online platform and to perform the duplication of the contents as necessary (saving to servers etc.). Furthermore, you grant the Provider the right to edit contents in order to better present them on the website. Editing may consist in shortening or editing texts, cutting uploaded images or reducing images as thumbnails. In addition, the provider is entitled to reproduce, communicate and make publicly available contents in the best possible quality via different terminal devices and different networks (public and private), comprising particularly the right to make the transfer of contents available for fixed and mobile terminal devices (e.g. mobile phones etc.) of other users. The right of public reproduction specifically also includes the right to stream contents on the site.
- If you upload contents to the online platform, you permit other users to use your contents to a certain extent. Uploaded texts thus may be read and any images may be viewed. Inevitably, this involves that the respective content is saved to the memory of the other user’s terminal device.
9 API use
- Users: n order to make the use of our online platform as comfortable as possible for our registered users, we provide you with a permanent Access Token which enables you to access and partly to edit your own inventory data as well as publicly accessible data via an application programming interface (API). This involves, for example, details such as product information, available articles, placed orders and sales, shopping cart or want lists. The API may only be used for managing your own contents. The presentation of the trading cards and their respective prices require our prior written agreement. The use of the API and the transfer and use of data for any other purposes is prohibited. Access via the API is an additional offer provided by us which is exclusively intended to facilitate the use of our online platform. We reserve the right in the future to discontinue to partially or completely put the API at your disposal or to exclude individual users from using it, for example when suspecting an improper use.
- App Developer: Commercial developers of apps or similar application programmes may receive a special App Key if requested. This App Key temporarily (24 hours) grants the app full access to the data and rights of the user after the user has entered name and password. The Provider is entitled to record any access by using a third part app. The app developer warrants to observe any legal regulations, particularly those arising from the law or the contractual agreements concluded with the Sammelkartenmarkt Ltd. & Co. KG. The app developer shall keep the provider fully indemnified at first request against any liability and costs, including possible procedural costs
10 Illegal contents
- You commit to the Provider not to upload any illegal contents to the online platform. Accordingly you will particularly not provide, offer to provide access to or advertise contents (in particular photos, videos, texts, graphics, logos etc.) contrary to the provisions of the German Penal Code or to the Narcotics Act, the Pharmaceutical Products Act or the gun control law or which are
- libellous or defamatory, irrespective of who is affected by these contents,
- pornographic, glorifying violence, abusive, immoral or violating the law for the protection of children and youth,
- constitute unacceptable harassment of other users, in particular in the form of Spam according to § 7 UWG (German fair trade law),
- protected by law (e.g. by the copyright, trademark, patent, design patent or utility model law) without being entitled to do so, or
- serve the performance or assistance of anti-competitive actions, including progressive customer canvassing (such as chain, snowball or pyramid systems),
- Furthermore, you are prohibited from disseminating or publicly reproducing contents of the online platform or of other users, unless the dissemination and public reproduction is envisaged within the use of the online platform or the other user agreed to the dissemination and public reproduction. In addition, you are prohibited from using hyperlinks in your offers. The Provider reserves the right to remove such links immediately. The placing of sham offers solely serving to advertise services outside the Provider’s platform or to obtain ratings is prohibited. You are likewise prohibited from using the post-contractual communication serving the execution of contracts concluded on the provider’s platform for advertising your own or another’s commercial services or merchandise.
11 Warranties and Indemnities
- You warrant to the Provider that you are entitled and able to grant the rights in the aforementioned scope for the contents posted by you. You warrant especially not to post contents violating copyright, trademark rights or other third party intellectual property rights. Furthermore, you warrant not to post anti-competitive contents. You are obligated to seek information accordingly and, in case of doubts regarding the authorisation, to seek permission of the right-holder. Doubts exist especially, if:
- it concerns works which are protected under copyright or neighbouring right, such as third party videos, photos, graphics, logos, brands and texts. In this context, it should be noted that you may not alienate or otherwise edit third party works and post the result on the online platform without the consent of the right-holder,
- a third party contributed to the production of the contents in such a way that they may have acquired a neighbouring right.
- the contents involve any sensitive information on individual persons or groups of persons, unless the required consent and/or rights of use are at hand.
- Moreover, you warrant to the provider not to post contents on the online platform which infringe the rights of third parties or the content of which is unlawful or has been declared inadmissible by the Provider.
12 Provider’s Liability
- The Provider is liable under statutory provision with the following exceptions: If your damages result from the loss of data, the Provider is not liable, provided that the damages could have been avoided by you by regularly and completely backing up any relevant data. The Provider’s liability for damages not typical to the contract is excluded. This does not apply if the damage concerns life, body or health, was caused intentionally and by gross negligence, results from the absence of warranted properties or from a culpable violation of a major contractual obligation, the fulfilment of which enables the proper implementation of the contract in the first place and the observance of which the contracting party regularly trusts (cardinal duties). Liability according to the Product Liability Act also remains excluded.
- The provider is not liable for the accuracy, quality, completeness, reliability, type and character or believability of the content uploaded by the users. Such content does not represent the Provider’s opinion and in particular the Provider does not endorse such contents. The Provider is also not liable for the formation, implementation and fulfilment of contracts between users. They only provide the platform for the purpose of allocating offers.
- The Provider is not liable for possible damages and/or misuse of personal data which may arise by your use of a third party app.
13 Your Liability
- You bear full responsibility for any granting of rights, contributions, contents of your user profile and offers.
- In case the Provider’s services are employed via a third party, because you have breached your obligations regarding the granting of rights, you shall indemnify the Provider completely and at first request against any liability and costs, including potential procedural costs. The Provider will inform you immediately about the claim and give you the opportunity to enter a defence against the claims being asserted as far as this is legally necessary and/or possible. The same applies to claims of third parties because the contents violate third party rights regardless of the authorship, especially rights of use and exploitation under copyright law.
- You are responsible to the Provider and third parties for your own contributions, commentaries and any user profile contents, especially regarding the accuracy of the contents. If legal proceedings are taken against the Provider by another user or other third parties due to unlawful contributions, commentaries, user profile contents and/or offers, you shall indemnify the Provider from any liability and costs to the aforementioned extent.
- The use of the online platform via third party apps and similar application programmes shall be at your own risk.
14 User account
- The Provider shall provide registered users with a user account for money transfers via the online platform. The use of this user account is free of charge. The user account is a mere clearing account with user credit being stored in it.
- You may credit funds to your account by transferring the amount to the Provider's bank account. Thereby users acquire an entitlement to payment by the Provider amounting to the balance of their user accounts.
- You may also credit funds to your account via PayPal(R). This incurs additional fees which are indicated upon payment. These fees are to be paid by you and will be withheld directly. Please refer to the Provider’s price list for the amount of the fee.
- You may choose the payment method “Sofortueberweisung” (instant bank transfer) of the SOFORT AG, Fußbergstr. 1, 82131 Gauting, if you have an activated online banking account using PIN/TAN. Please note: some banks do not yet offer the payment method “Sofortueberweisung”. Via the secure money transfer form of the SOFORT AG, www.sofortueberweisung.de will direct your transaction automatically and in real time to your online bank account. The Provider will receive the credit transfer immediately and directly. Possible fees charged by your banking institution will have to be paid by you. Please refer to the Provider’s price list for the amount of the fee.
15 Trustee service
- Users may use the trustee service for buying cards. In that case, the Provider holds the buyer’s money on trust. It is disbursed according to the following regulations:
- After confirmation of receipt of the order by the buyer, the money will be disbursed to the seller.
- In case the buyer does not confirm receipt of the order, the seller may prove that the buyer has received the order. If done so, the buyer will be granted a period of one week to comment on the matter. If the buyer does not further comment on the matter, the total amount will be disbursed to the seller after this time period has elapsed.
- If the buyer complains to the Provider that an order has not arrived within 7 days (in case of domestic orders), or within 14 days (in case of international orders), after dispatch, the seller will be granted a period of 14 days by the Provider. In this case, it will be for the seller to prove that their contractual obligations have been properly fulfilled. If s/he fails to do so, the Provider shall retransfer the full purchase price to the buyer.
- If the buyer confirms receipt of an order, but reports the violation of other contractual obligations on the part of the seller, the full price of the purchase shall be disbursed to the seller. The buyer is free to claim his/her warranty rights against the seller.
- Disbursement of the purchase price to any party does not affect the validity of the sales contract concluded between those parties. The use of the trustee service incurs additional fees. Please refer to the Provider’s price list for the amount of the fee.
- The purchase of a coupon is free of commission.
- Cash disbursement of the coupon value is not possible, nor is this possible for residual values. The value of the coupon will be displayed in your user account as “special credit” as soon as it is redeemed. The special credit will be displayed as total amount.
- The coupon is valid for up to three years after the end of the year in which it was purchased. The coupon will be redeemed by crediting it as special credit to the user account no later than three years after it was purchased. The coupon expires if the coupon code is not credited as special credit to the user account until three years after it was purchased. The added special credit does not expire. The coupon is transferable.
- You may use the special credit to pay the purchase price (partially or completely). Residual values remain on the user account as special credit and may be used for the next purchase. As long as there is a residual value as special credit on your user account, each payment will be offset against the special credit on the user account. If there is no residual value as special credit on the user account, payment, is done via the user account balance. The redemption of coupons is irrevocable.
- The coupon is purchased by deducting the coupon value from the user account balance. The customer may also purchase the coupon by payment via PayPal or Sofortueberweisung (instant bank transfer).
- The coupon and the special credit may only be used for purchases on the internet marketplace. When wishing to redeem the coupon, you enter the coupon code in the provided field. The coupon value will be credited as special credit to the user account.
- The special credit may not be used to adding it to the user account balance. The special credit may only be used to purchase merchandise.
17 Extraordinary contract termination and suspension of the account
- You and the Provider shall have the right to extraordinary contract termination in the event of good cause without notice at all times. An extraordinary contract termination is especially possible in case of major violations against these GTC, violations against the obligation to truthfully submit the required personal data or major violations against the prohibition of posting illegal contents. Furthermore, an extraordinary contract termination shall be considered in case of another good cause, especially in case of the loss of access data or the suspected misuse thereof by a third party. Notice of termination must be given in writing in any event.
- As a less severe measure, the Provider may suspend you temporarily in case of violations against these GTC, in order to urge you to meet your obligations. You will be informed of the suspension in writing. In case of the suspension of the user account or a termination by the Provider for good cause, you are prohibited to re-register on the online platform in order to open a new user account without the prior express consent of the Provider.
- As an even less severe measure the Provider is entitled to delete such offers violating legal regulations or these GTC. In choosing the measures, the Provider will consider your legitimate interests, and in particular, whether you were responsible for the violation.
18 Data protection
- The collection of your data serves to be able to offer a user friendly, efficient and secure internet service.
19 Functional changes, transfer of contract
- The Provider reserves the right to continually adapt, update, extend, restrict, or remove features of the online platform.
- The Provider shall be entitled to transfer all or part of their rights and obligations arising from this contract to a third party by giving four weeks' notice. In this case you are entitled to an extraordinary termination after notification of the transfer of contract.
20 Amendments to the General Terms and Conditions
- The Provider reserves the right to change these General Terms and Conditions at any time.
- The changes and the new GTC will be sent to you by e-mail. The new GTC shall be considered as agreed, if you do not object to its applicability within six weeks upon receiving the e-mail. The objection has to be entered in writing. In this e-mail the Provider will inform you separately about your possibility of objection, the time limit, the form and the consequences of your inactivity
21 Final Clause
- The mandatory consumer protection regulations applicable in the country where you usually reside shall remain applicable, as long as these offer you extensive protection.
- If the user is an entrepreneur, a legal entity under public law or a special fund under public law, as defined by the German Civil Code, the exclusive place of jurisdiction for all disputes arising from the licence agreement and these GTC is the Provider’s place of business in Berlin.