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Privacy Policy (AGB)
for the use of Xhammer.com and the shops
Survey:
1. The company:
Lofox GmbH
Geschäftsführerin:Evelyn Fuchs
Im Kamperholz 48
44805 Bochum
Germany
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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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| 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.
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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.
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| 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.
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| 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
info@echtwahr.com
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