xhammer.com Europas grsstes Erotik-Auktionshaus - Xhammer.de

** Privacy Policy ( AGB) **


Privacy Policy (AGB) for the use of Xhammer.com and the shops


The company

1. The company:

Lofox GmbH
Geschäftsführerin:Evelyn Fuchs
Im Kamperholz 48
44805 Bochum
Amtsgericht Bochum HRB 7042
USt-IdNr.: DE215698227
St.-Nr. Bochum 306/5885/0172
Email: info@auxion.de

(mentioned Xhammer in the following) phone 0034 966456557 offers goods on the Internet at www.xhammer.com, which can be bought through highest offer. Contract conclusions between different sellers are also arranged. The company’s target is to establish connections between bidder and provider as well as provider and bidder.
2. In order to offer and bid you have to register yourself. Our services are available only to, and may only be used by individuals (18 years or older) who can form legally binding contracts under applicable law. Registration is free. We do not sell or rent your personal information to third parties, unless needed for contract conclusions. In case of a contract conclusion, this information will be given mutually to the provider and bidder. If the account is deleted the username and the mail-address will be saved to keep the existing evaluations with the trading partners.
Registered members that give deliberately wrong information in their personal information or their mail-address are charged with fraud, if they bid and refuse to complete the transaction, in order to protect other users. Faulty registered members are not eligible to lottery winnings. The lotteries are for registered club-members only. If an auctioned item is posted to an incorrect or unknown address, the sender can not be made eligible for the eventual loss of the item.


Bill of sale

4. The amount of concluded contracts must be billed to the given account within 14 days. A bill of sale is regarded as being concluded, if the highest offer is accepted. In case of non-payment within 14 days, the provider can resign the contract and make claims for compensation on grounds of non-fulfillment.

5. The items can be offered between 1 and 15 days.

6. After the end of the auction the vendor as well as the highest bidder will receive a notice via mail. Contents of this notice are the full addresses of each other.

7. Between both of them a legal transaction was accomplished. Following that, the payment as well as the shipping costs and details should be agreed on.

8. Neither is echtwahr liable for the quality and for the condition of the offered items, nor for deficiencies and mistakes of the vendors. It can be made no claims for compensation from businesses in which echtwahr appears as an agent.
9. The registered bidders offer only on their own bill. Every bidder can bid for an item as often as he wants.

10. An once sent commandment can not be cancelled anymore. With the commandment you signal your willingness to the purchase.

11. A fraudulent commandment is not wanted. It causes the closing of the member account.

12. If you like to auction something just register and click ‘Artikel anbieten’ (‘Offer items’). Then fill out the form and send it. Now you are ready to start your own auction!

13. Please make your description short, exact and honest. These are the basics of the business. In order to have a prosper auction, set your starting-prize as low as possible.


Offered items

15. The auction-house xhammer accepts all items that can be traded, except glorification of violence, pornography, right- und left-wing extremist items, stolen items, bootleg copies, forgeries, x-rated films, indexed videos, harmful writings, videos and illustrations, trademark imitations, human organs, drugs in the meaning of the anesthetic law, arms in the meaning of the arm law, living, primed or protected animals, exempt horses here, as well as everything that offends against valid right. Every provider is responsible for his item. The seller is not allowed to hand over alcohol or tobacco products to individuals who are under the age of 18. The auction-house keeps explicitly distance from all items which are not in the property of the Lofox GmbH. The auction-house reserves the right to extinguish illegal or fraudulent items immediately even if bids were already made. In the article description it is forbidden to have advertising for another homepage than echtwahr. In the same way it is forbidden to offer a list with further items over mail. Moreover all forms of advertisings for other auction-houses, written or linked, are forbidden. Even on the echt-ich page (personal site) all forms of advertisings for other auction-houses are forbidden.

If you offer a horse, the desired or target prize must be set as starting-prize. It is forbidden to start with one Euro.

Providers exempt xhammer from all claims, which third parties assert against xhammer on grounds of infringement or right violations due to the offers or contents on their item page at xhammer. In this case they have to take all legal defense costs of xhammer, including all court and lawyer costs.

15a. Offers of the auction house are always without engagement. xhammer mediates items for third parties (e.g. shops). xhammer can not be made liable if these should not be available anymore. Just as little is echtwahr liable for the quality and the state, as well as for the dispatch of these items.


The charges

Up to 50,- EUR 5 % of the saleprice incl. VAT
51,- EUR bis 250,- EUR 2,50 EUR plus 3 % of the saleprice incl. VAT
251,- EUR und darüber 10 EUR plus 2 % of the saleprice incl. VAT

Mainpage only cost 2,00 Euro
Cat page 1,50 Euro
Preview image in list 0,30 Euro
Bold title 0,20 Euro
2. und 3. Bild cost each 5 Cent

17,40 EUR monthly fee for
1. announcment of websites outsite xhammer.
2. offers who include a web address like Http://www. - in the item description, title or image
3. offers who include a email address in the item description, title or image
4. announcing other copanies
5. ataching a list of items for sell on other websites
6. members of the banner club of xhammer.

The fee of 17,40 EUR has to be paid mothly advance due on receipt of the invoice.

Provisionsabrechnungen werden immer am Monatsanfang für den vorherigen
Monat per Email versendet. Der Rechnungsbetrag ist innerhalb von 20 Tagen
auf das angegebene Konto einzuzahlen.
Für Rechnungen die bis zum 20. des Monats nicht bezahlt sind wird ein Erinnerungsmail
zwischen dem 21. und 23. des Monats automatisch vom Programm versendet. Ist die
Rechnung nach 7 Tagen immer noch nicht beglichen wird eine 1. Mahnung per Mail
gesendet die mit 2,50 Euro berechnet wird. Erfolgt nach weiteren 7 Tagen keine Zahlung
wird das Mitglied gesperrt.
Bei einer Lastschriftrückbuchung, z.B. wegen Nichtdeckung des Kontos, beträgt die Gebühr 10 Euro.

Das Einstellen bleibt Kostenlos !

Kommt ein Verkauf trotz Abmahnung durch Xhammer.com nicht zustande wird die Verkaufsgebühr
zurückerstattet, bzw. storniert.
Anbieter die Ihre bezahlte Ware nicht versenden werden sofort gesperrt, erst wenn der Käufer die
Ware erhalten hat wird er wieder freigeschaltet.
Bieter die den ersteigerten Artikel auch nach Anmahnung durch echtwahr nicht bezahlen bekommen
eine Verwarnung in Form einer gelben Tafel als Logo. Wird ein weiterer Artikel nicht bezahlt bekommt
der Käufer eine 2. gelbe Tafel in sein Bewertungsprofil einprogrammiert. Beim 3. mal wird er gesperrt.

Es ist nicht erlaubt Werbung für ein anderes Auktionshaus zu schalten.
Auch im Cafe darf für ein anderes Auktionshaus nicht geworben werden.
50 Euro werden berechnet für einen unerwünschten Werbetext auf einer Cafeseite bei Xhammer.com
Dieser Betrag ist sofort fällig.

The bill is sent per mail by echtwahr at the end of the month or at the beginning of the following month.

You are asked to transfer the amount till the 20th of the month.

Credit balances in the account can not be paid out; these can be set off only against current charges.

17. Everyone over the age of 18 can register, offer and bid.

18. With commercial offers the VAT is fundamentally included in the purchase prize.

19. §156 BGB, §34b GewO and the ‘Verordnung über gewerbsmäßige Versteigerungen’ (‘regulation of professional auctions’) are not applicable with echtwahr.

20. xhammer is not liable for possible server failures as well as technical faults on hard- or software. Auctions that are terminated while or through a program error are nullified, no legal claims can be put forward.
21. Nor is echtwahr liable for third party delivered objects.

21. In case that no other agreement has been made, the shipping costs always have to be paid by the bidder


Prices & drawings by lot

22. Regular drawings by lot are carried out among all registered users. The prices will only be sent, if the winner sends us his/her postal address information via mail. That way we want to secure, that the registration was correct. If the addresses do not match there is no claim to the price.


Evaluation & banning

23. Evaluations from three different auction-houses are accepted by echtwahr. These are transferred to an evaluation section. For the evaluations at echtwahr everyone is responsible for him-/herself.
If other auction-houses do not agree with the transferred evaluations, they are asked to contact the individual user. Only this service is provided by the auction-house free of charge. With a purchase or sale an evaluation must be yielded, this is part of the trading contract at xhammer. If a trading partner does not receive an evaluation, the xhammer-team can enter a positive evaluation.
If an auctioned-item is not paid by the bidder, a yellow logo is entered in his evaluation-section. If one has more than 2 yellow logos, he is automatically banned. Sellers, who do not send a paid article, are banned immediately till clarification. Providers who do not send the paid product are banned immediately. The xhammer-team reserves the right to block members without reason.


Pictures & Photos

24. Published pictures and photos can be put on the starting page by echtwahr without further questions.
The picture-size is limited to 80 KB.


The mutual trust account

25. Everyone can use the echtwahr mutual trust account with items of more than 100 Euro sales value.
The buyer transfers the amount to the echtwahr-account and then the item is send by the seller to the buyer. If the item is acceptable, echtwahr transfers the money to the sellers account. Both trading partners have to pay a fee of 3.00 Euro. The buyer has to pay a fee of 5.00 Euro if the trading is not established.
In case of an international return transfer, 10.00 Euro banking fee plus 5.00 Euro processing fee are charged.
Details of the mutual trust account:
Lofox GmbH
Sparkasse Castrop-Rauxel
Acc-No.: 700 91 178
Bank code: 441 522 55
Intended purpose: item-no. + seller + buyer

Please send us a mail with all details after the deposition.


Fairplay - Auctions

26. At other auction-houses the echtwahr Fairplay-auctions are known as Power-auctions. At Fairplay-auctions numerous identical items are offered by one provider. The echtwahr user can choose the desired amount. The price per item is given and can not be changed. If a bid is made, both trading partners receive immediately a mail.
The auction is automatically finished as soon as the given amount of items is sold.


echt-ich page (personal site)

27. Each member is responsible for his/her own personal site. It is not permitted to make advertisements for, or link to other auction-houses. If you make a link to a shop, please install a logo of echtwahr at this shop page. That way we have a free of charge link exchange.


xhammer– shops

28. In the xhammer-shop-center members can create and manage a shop. xhammer provides the shops free of charge. Up to 9 own columns can be constructed in the shop. All shop owners are responsible for his/her pages and items. The name of the shop can be selected as desired and may differ from the username. Mail-addresses and URLs are not tolerated as shop names. Neither they should violate third party rights nor offend against public decency. All details must be entered correctly while establishing a shop. xhammer reserves the right to delete shops which violate the rules anytime.


Widerrufs- und Rückgaberecht bei Fernabsatzverträgen § 312d (long-distance sell law)

29. According to § 355 long-distance sell law, the consumer has the right to withdraw from the contract. Instead of the right to withdraw, a right to return can be admitted to the consumer with contracts about the delivery of goods, according to §356.
The right to withdraw, as far as no other is mentioned, is not consistent with contracts: 1. for the delivery of products, that are created after customer specification or are styled unambiguously onto the personal needs or that are characterized due to their state not to be returned or to spoil fast or their expiration date would be exceeded
2. for the supplied storage media were unsealed by the consumer upon delivery of audio or video recordings or software
3. for the delivery of newspapers, journals and magazines.
The right to withdraw is only existent with commercial providers.


External advertising with the items

30. Within all pages of echtwahr it is prohibited to write or link to or conduct in any other way advertisements for other auction-houses. URLs or links to other sites within item descriptions are prohibited, except purely informational sites e.g. postal rates. In pictures or photos URLs are not allowed either. Starting with 1st October 2002 all URLs are censored by echtwahr. Items will be deleted if necessary.
34. The auction-house xhammer reserves the right to change or extend the privacy policy (AGB) anytime.

31. Our motto is: Be fair und nice to each other.

32. Legal domicile is Bochum (Germany).
Any disputes arising hereunder will be settled before a competent Bochum court of law.
This is a translation of the German AGB. In case of lack of clarity or of disagreement the German original is effective.

Lofox GmbH
Im Kamperholz 48
44805 Bochum



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