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General Terms & Conditions of AuctionShack

1. Scope

These General Terms and Conditions ("Terms") apply to the access to, and the use of AuctionShack marketplace and bidding platform ("Platform") and related services (together the "Services"), available via AuctionShack app, offered by Julius Ilg, Chamerstrasse 98, 6300 Zug ("AuctionShack").
To access or use the Platform and the Services, you ("User") have to agree to these Terms. If the User does not agree to these Terms, the User may not use or access the Platform or the Services.These Terms, together with all other referencing documents, form a legally binding agreement ("Agreement") between AuctionShack and the User.

2. Platform and Services

AuctionShack provides the marketplace Platform and the related Services to the User. Users may offer, sell or buy Articles (each an "Article") online, in a variety of price formats, including bidding of Users for a specific Article of another User in the auction process ("Auction").
AuctionShack may sell Articles on the Platform directly (“AuctionShack Sale”). In the event of an AuctionShack Sale, AuctionShack should be treated as a User. The AuctionShack Sale shall be clearly displayed on the relevant Auction.
Except in the event of an AuctionShack Sale, AuctionShack does not own any Article offered for sale or sold on its site, and does not intervene in any way in the transaction between Users. The sales contract is concluded exclusively and directly between the Users and AuctionShack is not part of a contractual relationship between the Users, except in the event of an AuctionShack Sale. As such, AuctionShack does not transfer ownership of Articles from one User to the other, following the concluded Auction, except in the event of an AuctionShack Sale.

3. Registration and account

The User may need to register or create an account to access and use the Platform or part of the Platform. Users may opt for a username, which might be their real name, or a pseudonym.
When creating an account, the User must provide accurate, current, and complete information during registration and keep their account information up-to-date. Accounts registered by bots or automated methods are not authorised and will be terminated.
The User is responsible for maintaining the confidentiality and security of their account credentials and may not disclose their credentials to any third party. The User is responsible and liable for activities conducted through their account and must immediately notify AuctionShack if there is any suspicion that their credentials have been lost, stolen, or their account is otherwise compromised.
If and as permitted by applicable law, AuctionShack may, but has no obligation to (i) ask the User to provide identification or other information, (ii) undertake checks designed to help verify User’s identity or background and (iii) screen the Users against third-party databases or other sources and request reports from service providers.
AuctionShack reserves the right to limit or suspend access to the Services or delete the User's accounts in case the User does not pay the Fees, is in violation of these Terms, or in the event of AuctionShack reasonable determination of the occurrence or potential for the occurrence of illegal, unlawful or fraudulent use of the Services, or attempted fraudulent activity by the User.

4. Articles and Auction process

4.1 Articles

Users may list Articles for sale on the Platform. AuctionShack may at its sole discretion and at any time forbid or otherwise limit the listing of some Articles or of some categories of Articles ("Prohibited Articles"). A non-exhaustive list of Prohibited Articles is available on the Platform. In any case, the Users shall not list any Article violating any applicable law or regulation.
AuctionShack may at its sole discretion decide to approve the listing of an Article on the Platform. In such a case, the Article will only be visible to other Users on the Platform upon AuctionShack's approval. AuctionShack may deny the listing of an Article at its sole discretion and without providing any reasons.
Users listing Articles on the Platform are solely responsible for the Articles listed on the Platform and for all associated content. The User must ensure that all published content is true, accurate and complete at all times, including without limitation the description, price, applicable taxes or fees, shipping information, or other legal information.
The Articles sold by each User are visible on the User's profile.

4.2 Auction process

When listing an Article on the Platform, the offering User shall determine (i) the starting price of the Auction within the options made available by Auctionhack on the Platform, (ii) the duration of the Auction within the limits displayed on the Platform, and (iii) whether the Article will be delivered or picked-up in person after its sale, and, when applicable, (iv) the delivery fees charged by the offering User for a delivery in the country specified in the listing.
Upon listing an Article for an Auction, the offering User shall enter their phone number connected to their Twint account ("Twint Number") on the Platform. Depending on the choice made when listing an Article on the Platform, the offering User may have to  provide their crypto wallet ("Wallet") on the Platform. AuctionShack may at its own discretion limit the type of supported blockchain in relation to the Wallet. 
Starting from the minimum price set, interested Users can make bids in direct competition with the bids of other Users. Increments of the Auction are automatically determined and implemented by the Platform. The current highest bid for a given Auction will be visible on the Platform.
Bidding Users are allowed to set a maximum bid they are ready to pay for the Article put up for an Auction. In such a case, the Platform will automatically bid for the respective bidding Users up to the entered maximum bid. This maximum bid remains secret to the other bidding Users. Bidding Users can subsequently increase their maximum bid at any time before the end of the Auction, and decrease their maximum bid provided that the corresponding amount has not yet been triggered during the Auction.
If a winning bid is offered within the last 2 minutes of the duration of the Auction, the duration of the Auction is automatically extended for another minute. 
Publishing an Article for Auction on the Platform represents a binding offer by the User selling the Article to conclude a sales contract for the Article offered between them and User proposing the highest bid at the end of the Auction. Each bidding User is bound by its highest effective bid for the duration of the Auction plus a further ten(10) business days from the end of the Auction.

4.3 Purchase process

At the end of the Auction, as per the duration determined by the offering User, the highest bidding User and the offering User will receive a notification confirming the end of the Auction and the final price for the Article ("Confirmation Notification").
Following the Confirmation Notification, the full name, the Twint Number, and when applicable the Wallet of the offering User is communicated by the Platform to the highest bidding User for the payment of the Article. Additionally, the full name, phone number, and address of the highest bidding User are communicated to the offering User for purposes of contacting the buyer or delivering the Article.
The highest bidding User shall pay the purchase price of the Article within 7 days from the reception of the contact details and the Twint Number, or when applicable the Wallet. If the highest bidding User fails to pay within this deadline, the Auction is cancelled (“Cancellation of the Auction”) and the offering User is free to list the Article again on the Platform.
Upon payment of the purchase price, a purchase agreement ("Purchase Agreement") is concluded between the highest bidding User ("Buyer") and the offering User ("Seller") for the Article and the final price displayed on the Platform(incl. any delivery fees as per the listing). Additionally, and in accordance with the information provided by the Seller when listing the Article for the Auction, the address where the Article must be delivered, respectively picked up, is communicated via the Platform to the Seller, respectively the Buyer ("Article Reception").
If applicable, the Buyer and Seller are responsible for paying VAT and/or all other applicable taxes and charges payable under applicable law.

4.4 Reception and recommendation

After the Article Reception, the Buyer confirms the reception of the Article on the Platform. 
Upon confirmation by the Buyer, or upon the Cancellation of the Auction, both the Seller and the Buyer (respectively the offering User and the bidding User) may recommend each other on the Platform on a "yes or no" basis. Recommendations are publicly visible on each User's profile. 

5. Shacks

Users may purchase credits provided by AuctionShack (each a "Shack") on the Platform via the available payment methods. A Shack is worth the amount displayed on the Platform and can only be used on the Platform to purchase Boosting Packages (as defined in section 6) and to pay the Fees (as defined in section 10). AuctionShack may at its own discretion decide the limits of the balance of Shack that each User may have at a given time (“Shack Balance Limit”). If the Shack balance is below the authorised Shack Balance Limit, the User shall purchase sufficient Shacks to reach 0.
The User understands and acknowledges that AuctionShack may prevent a User from purchasing an Article, or entering a given Auction, if the User’s Shack balance is out of the Shack Balance Limit or would be out of such Shack Balance Limit after the purchase of the Article in question. 

6. Boosting Packages

Users may purchase boosting packages ("Boosting Packages") through their account on the Platform for each Article with Shacks for the price displayed on the Platform.
Boosting Packages are paid services offered by the Platform that allow Users to promote their Articles by enhancing their visibility. Articles with active Boosting Packages will appear higher in the feed of Users on the Platform and Boosting Package will be clearly marked on the offer.
The duration and the scope of each Boosting Package is displayed on the Platform. Once purchased, the Boosting Package is immediately activated. Users may renew or purchase additional Boosting Packages to extend or renew the promotion period of their Articles.
All purchases of Boosting Packages are non-refundable, except as required by law or as specified in these Terms.
AuctionShack does not guarantee any specific results or increase in visibility, views, or sales as a result of purchasing a Boosting Package.

7. Representations of the User

The Platform and the Services are provided exclusively to persons who are at least 18 years of age or are minors who have obtained parental or legal guardian consent. The User represents and warrants that they are not a person or entity barred from using the Platform under the laws of Switzerland, their place of residence, or any other applicable jurisdiction.

The User represents and warrants that they:

  • have all the legal rights to offer and sell any Articles listed in an Auction on the Platform. By placing an Article for an Auction, User represents that the Article offered is free from any encumbrances, claims, or restrictions, and that they possess all necessary rights to transfer ownership to the respective Buyer;
  • will not list or attempt to sell any Prohibited Articles or other restricted Articles, including but not limited to illegal goods, dangerous substances, pirated, or counterfeit products on the Platform.

8. Rights & Obligations of AuctionShack

AuctionShack will provide the User with the Platform and the Services as agreed in the Agreement.

AuctionShack:

  • makes the Platform and the Services available to the User and uses reasonable care and skill in the performance of the Platform and the Services and in keeping the Platform free from viruses and other malicious software programs;
  • regularly carries out maintenance or improvements to the Platform and its infrastructure, but does not guarantee that the Platform will function without any interruption or disruption. The User acknowledges that this may result in temporary delays and interruption from time to time. Where reasonably possible, AuctionShack will inform the User about potential interruptions in advance;
  • is permitted and possibly required by law to suspend access to the Platform or the User’s account based upon reasonable determination of the occurrence or potential for occurrence of illegal or wrongful activity, fraudulent use or attempted fraudulent activity. In case of a suspension, the User remains liable for all charges and fees incurred during the suspension period;
  • is not a party to any Auction between the Users and does not check the correctness of any Auction or transaction information, except in the event of an AuctionShack Sale.

AuctionShack may amend the Terms, including the applicable fees, from time to time at its sole discretion by publishing an updated version of the Terms on AuctionShack's website or on the Platform. Where possible, AuctionShack will electronically notify the User of any material changes to the Terms. The User should check the Terms regularly and only use the Platform upon acceptance of the changes to the Terms. The User's continued use of the Platform following any amendments indicates acceptance of the changes to the Terms.
AuctionShack constantly develops and improves its Platform and the Services and may modify or either temporarily or permanently stop providing the offered Platform or any part of it at its sole discretion. In case of material changes to the Platform, i.e., changes significantly altering the nature and scope of the Platform provided to the User according to the Agreement, AuctionShack will notify the Users that are directly affected by such changes, and where reasonably possible.
AuctionShack reserves a right to ask the User to provide feedback through forms, questionnaires, and polls in order to improve their Platform ("Feedback"). AuctionShack may use, or not use, any such Feedback, without any obligation, whether financial or otherwise, to the User. The User assigns all rights (including but not limited to intellectual property rights), title, and interest in the Feedback to AuctionShack and acknowledges it has no claim in relation to the Feedback.

9. Rights & Obligations of the User

The User agrees to use the Platform and the Services in compliance with the Agreement and all legal and moral obligations applicable in the territory where they are located.
The User is obliged to cooperate in the performance of this Agreement to the necessary extent free of charge. The User is obliged to provide AuctionShack with all necessary information, documents, data, and anything else reasonably required for the access or functioning of the Platform. Furthermore, the User is obliged to inform AuctionShack immediately if errors or faults occur and to support AuctionShack in the analysis and, if necessary, in the elimination of errors and faults to the extent required.
If the provision of Platform under this Agreement is delayed due to the User’s failure to comply with his duty to cooperate or due to other circumstances for which the User is responsible, the User shall bear the disadvantages and additional costs incurred.
The User must immediately inform AuctionShack of all circumstances within its sphere that might endanger or may be relevant to the providing the Platform and all misuses or suspicions of misuse of the Platform.

The User shall not:

  • Advertise on the Platform Articles that are not sold on the Platform;
  • Offer, sell, otherwise market the Articles offered on Auction on the Platform via another platform or marketplace;
  • Use multiple accounts or other similar schemes or mechanism to artificially increase the bids related to an Article put on Auction;
  • Misuse the Boosting Packages or otherwise manipulate the Platform's algorithm;
  • Offer, sell, or otherwise market any Prohibited Articles on the Platform;
  • circumvent or attempt to circumvent any security protection of the Platform;
  • use the Platform in unlawful or fraudulent ways or for any unlawful or fraudulent purpose or effect;
  • access the Platform via any automated system or take any action that may impose an unreasonable load on AuctionShack's infrastructure;
  • bypass the measures that AuctionShack may use to prevent or restrict access to or use of the Platform;
  • engage in deceptive, misleading, or fraudulent activities through the Platform, including but not limited to misrepresenting Articles, artificially inflating bids in Auctions, or using multiple accounts to bid on their own Articles.

The User agrees they will not, unless with AuctionShack's prior written permission:

  • try to decompile or reverse engineer the Platform, the Services or any part of it, or derive the source code;
  • copy, modify, distribute, reproduce, translate, disassemble or use in any other way any information, text, graphics, images, software obtained from the Platform, or any other part of the Platform or the Services;
  • create derivative works based on the whole or any part of the Platform or any content available on the Platform.

10. Fees & payment

The publication of Articles offered for Auction on the Platform is free of charge.
Upon the sale of an Article on the Platform, AuctionShack may charge an indicated purchase fee ("Fee") as displayed on the Platform to the Buyer. In such cases, the Fee is automatically deducted from the Buyer’s Shacks balance available on the Platform, to the extent possible in relation to the Shack Balance Limit. 
Except where prohibited by law, all fees are non-refundable.
AuctionShack may change its fees from time to time. Any price changes will apply no earlier than 15 days following notice to the User.

11. Term & termination

The Agreement between the parties remains in full force and effect until its termination by either party.
Either party may terminate the Agreement at any time with immediate effect by notices in text form to support@auctionshack.io.
Termination does not affect any rights, obligations, or liabilities of either party that have accrued before or are intended to stay effective beyond termination.

12. Intellectual property

Except as mentioned explicitly below, each party retains all rights, titles, and interests to its own intellectual property, including all copyrights, inventions, trademarks, designs, domain names, know-how, trade secrets, data and other intangible property rights ("Intellectual Property Rights"). All Intellectual Property Rights in the Platform or any part of it remain vested in AuctionShack.
AuctionShack grants the User a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Platform in accordance with the Agreement.

The User grants to AuctionShack:

  • limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Auction content as necessary for the provision of the Platform and in accordance with the Agreement;
  • unlimited and non-revocable right to access and use the data generated on the Platform for the purpose of improving the Platform and the Services.

The Platform may contain open-source components. Such components are subject to the respective licence.

13. Liability & indemnity

AuctionShack is fully liable to the User for damages resulting from AuctionShack’s gross negligence or wilful misconduct. In all other cases, AuctionShack’s liability under the Agreement is excluded to the maximum extent permitted under applicable law.
Neither party may recover from the other party, regardless of the legal reason, any amount with respect to loss of profit, data, or goodwill, or any consequential, incidental, indirect, punitive, or special damages in connection with claims arising out of this Agreement or otherwise relating to the Platform, whether or not the likelihood of such loss or damage was contemplated.
AuctionShack will not be held liable for inaccuracy or incompleteness of the Platform, or the incompatibility of the Platform with any specific objectives that the User is hoping to achieve.
AuctionShack agrees to indemnify, and hold the User harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (i) breach of these Terms or any legal regulation by AuctionShack, its employees or other persons acting on behalf of AuctionShack; (ii) any breach of AuctionShack's representations and warranties set forth in these Terms; (iii) violation of the rights of a third party arising from AuctionShack's performance of the Agreement.
Each User agrees to indemnify, and hold AuctionShack harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (i) breach of these Terms or any legal regulation by the User or any other persons acting on behalf of the User; (ii) any breach of the User's representations and warranties set forth in these Terms; and (iii) the User's violation of the rights of a third party.

14. No warranty

The User acknowledges that the Platform and the Services are provided "as is" and "as available", and AuctionShack makes no warranties or representations of any kind related to the Platform or the Services, or the information and materials contained thereon. AuctionShack makes the Platform and the Services available to the User and uses reasonable care and skill in the performance of the Platform.
AuctionShack does not guarantee that the Platform and the Services are error-free and will function without any interruption or disruption.
AuctionShack does not exercise control over the quality, safety or legality of the Articles offered in Auctions. Furthermore, AuctionShack cannot guarantee that one of the Users involved in an Auction will complete or execute the transaction.
Any further warranty is excluded.

15. Data protection

AuctionShack collects and processes personal data as described in its Privacy Policy available here. AuctionShack protects the collected personal data by means of appropriate technical and organisational measures and in accordance with the data protection legislation applicable in Switzerland and the European Union.
The User authorizes AuctionShack to use, process, and store relevant data for the performance of the Agreement and to use anonymized data to improve its Platform and the Services or for analysis purposes.

16. Newsletter and push notifications 

By signing up for AuctionShack’s newsletter, the User agrees that AuctionShack may contact them and inform them about updates on the Services and new products from time to time. The User can at any time unsubscribe from the contact list by sending an email to support@auctionshack.io.
The User may agree to receive push notifications, which may include important updates, offers, and relevant information from AuctionShack. The User can manage notification preferences in the Platform settings.  

17. Marketing

The User entitles AuctionShack to use the Users' Articles for advertising and marketing purposes. Any other use requires the prior consent of the respective User. The consent should not be unreasonably withheld or withdrawn.

18. Miscellaneous

Entire Agreement: The Agreement constitutes the entire agreement between AuctionShack and the User, and supersedes all prior agreements, between the parties relating to the subject matter of the Agreement.

Notices: Notices must be given in text form and need to be communicated:

  • To AuctionShack’s attention: via email to: support@auctionshack.io;
  • To User's attention: by publishing on the Platform or where explicitly agreed between the parties via email to the last e-mail address provided for this purpose by the User. It is the User’s responsibility to keep provided contact information current.

No Assignment: The User may not assign any of its rights, obligations, or claims under the Agreement without the previous consent of AuctionShack.

Severability: If any provision of the Agreement (in whole or part) is held to be illegal, invalid or otherwise unenforceable, the other provisions will remain in full force and effect.

Language: These Terms are available in more than one language version. In case of discrepancy between the English version of these Terms and any translated version, the English version prevails.

Governing Law & Jurisdiction: These Terms, and all claims or causes of action that may be based upon, arise out of or relate to these Terms shall be governed by and construed in accordance with the substantive laws of Switzerland, excluding its conflict of law provisions and, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The ordinary court at the seat of AuctionShack has jurisdiction for all disputes arising from or in connection with the Terms.

Links: The Platform and the Services may contain third-party content or links to third-party websites. AuctionShack does not assume any responsibility for and does not make any warranties or representations as to any third-party content or websites, including but not limited to the accuracy, subject matter, quality, or timeliness.