General Terms and Conditions
General Terms and Conditions (T&Cs) for the online offer of Sportnex
1. Scope, modifications to the terms and conditions of trade:
1.1. www.officialwesthamauction.com and the associated websites (sport-auction.com, sport-auktion.de and Sportnex Partner-Shops), collectively referred to as the ‘Websites’, are services of Sportnex GmbH, Landwehrstraße 37, 80336 Munich, Germany (represented by Managing Director Ralf Nienaber), hereafter referred to as ‘Sportnex’. Further information about Sportnex can be found in the site notice.
1.2. These T&Cs govern the auctions and sales of goods and services offered by Sportnex. The goods and services here are provided/licensed by the clubs and partners connected with Sportnex but the sole contracting party is Sportnex unless otherwise indicated. The T&Cs are supplemented by the more specific details in the auction offer or the item descriptions. The more specific provisions apply in the case of contradictions.
1.3 Sportnex reserves the right to modify the T&Cs with effect for the future. In this case, Sportnex will inform the user of modifications to the T&Cs in advance by e-mail and indicate that the modifications are considered to be accepted if no objection to the modifications is received within four weeks and use of the websites continues nonetheless. Sportnex will advise the user of this legal consequence in the notice of modification.
2. Registration, conditions for participation, revocation of the user contract:
2.1 Only people over the age of 18 are entitled to participate. Users under the age of 18 are precluded from participation.
2.2 In order to be able to participate in the online auctions or to be able to make purchases in the shop categories, the user must initially register with Sportnex. Registration is free and requires the user to open a membership account and to agree to these T&Cs. For registration, the user must provide the data requested in the course of the registration in full and correctly (e.g. forename and surname, address, telephone number, e-mail address). The registration is valid for all connected websites.
2.3 A confirmation e-mail will be sent to the e-mail address of the user immediately after registration, showing that a usage agreement for participation in the online services has been created and is now activated for all services of the websites. Once you have received the e-mail confirmation, click on the activation link and you will be sent a verification code by text to your mobile phone. Enter this code in to the box provided and from this point on your account is active and you will be able to bid.
2.4 Usage agreement cancellation right: the user may cancel the usage agreement within a period of two weeks without giving reasons. The period begins on receipt of the confirmation e-mail. The cancellation right expires prematurely if Sportnex has started to execute the usage agreement before the end of the cancellation period with the explicit consent of the consumer of if the user has instigated this.
3. Types of auction, participation in the auction, purchase of or participation in other services:
3.1 Types of auction:
- ‘Auction’: In an auction, Sportnex sets an offer with a description in the ‘auction’ service for the sale of a product or service. The offer runs for a specified time, during which the user can submit bids. Sportnex sets a starting price for this and specifies any other conditions, e.g. set increase amounts/rates. When the offer ends, the buyer with the highest bid gains the ‘acceptance’.
- ‘Reverse Auction’: In the case of the so-called reverse auction, Sportnex offers a product or service for a price, which is reduced by the specified amount or percentage rate for each specified time unit. The first person to submit a bid gains the ‘acceptance’ at the price that is current at this time.
- ‘Immediate Purchase’: It is sometimes possible to buy the item or service immediately for a set price. An ‘Immediate Purchase’ button with a fixed price is then available to the user. If the user clicks this button and submits a bid at this fixed price before the auction ends and before anyone else has sent an ‘Immediate Purchase’ bid then he gains the ‘acceptance’ at the specified price.
3.2. Participation in the auction:
The user sometimes has the option of using the ‘Bidding Agent’ function. Here, he can submit his maximum offer for an auction, i.e. the bidding agent automatically outbids other bids that are below the maximum bid. The user can participate in the auction only if he is logged in for the ‘Auction’ service. The user is bound by a submitted bid until the end of the auction. An auction requires the Sportnex server to be available at the router output of the computer centre for the duration of the auction. If, exceptionally, a system failure occurs at Sportnex and the server is therefore unavailable, Sportnex can use its discretion to extend the auction by the downtime relative to the auction period (i.e. the result is that the specified bidding period is maintained) or to cancel the auction. Participants in an affected auction will be informed immediately of the failure and further progress.
3.3. Purchase or participation in other services
- Other services refer to the online services of Sportnex that are offered in the context of the connected websites, specifically sport-poster.de, sportundsale.de, vote-your-shirt.de and sportnex-shops.de. In the context of these offers, items are sold at set prices.
- Ordering of the respective items creates the purchase agreement between the user and Sportnex.
- One special type of active participation is possible with the vote-your-shirt.de service. Here, design competitions, in which the user can actively participate, take place for various items of memorabilia. Users have opportunity to electronically provide their own drafts to Sportnex. By submitting a draft, the user consents to further use of this draft by Sportnex. Payment is issued only if the submitted draft is successful. Success is measured by how many votes the user’s draft receives in the poll of other users. Any registered user can essentially participate in the poll.
4. Contract formation, right of withdrawal, Sportnex cancellation right:
4.1 A purchase agreement for the products or service offered is formed as soon as a user gains the ‘acceptance of bid’. The user is informed of this immediately by e-mail or text message.
Notice of Cancellation Rights
4.2 Right of Cancellation:
You have the right to cancel this contract within 14 days without stating reasons.
The cancellation period is for fourteen days from the day on which you or a third party nominated by you (which is not the carrier) received the last goods. In order to exercise your right to cancellation, you must inform us (Sportnex GmbH, Landwehrstr. 37, Tel.: +49(0)89-5526088-36, Fax.: +49(0)89-5526088-39 and firstname.lastname@example.org) of your decision to cancel this contract by means of a clear statement to that effect (e.g. a letter sent by post, fax or email).
You may use the attached sample cancellation form to do so, but this is not mandatory. To comply with the cancellation period, it is enough for you to send notification that you are exercising the right to cancel before the expiry of the cancellation period.
4.3 Consequences of cancellation
If you choose to cancel this contract, we will immediately refund all payments we have received from you, including shipping costs (except for additional costs incurred if you selected a shipping method different from the most cost-effective standard delivery offered by us), at the latest within fourteen days from the date on which we received the notice of cancellation of this contract. The refund will be made using the same payment method you used for the original transaction, unless otherwise expressly agreed with you; you will not be charged fees for this refund under any circumstances. We can withhold the refund until the goods have been returned to us, or until you have provided proof that you have shipped the goods, whichever is earlier.
You are required to send or hand back the goods immediately and in any case within fourteen days of the day you informed us of your cancellation of this contract, to us or to Arena Imaging, Binley Industrial Estate, Herald Way, Coventry, CV3 2NY, Tel: (024) 7623 3515, Fax: (024) 7644 4219, Email: email@example.com). The deadline is met if you send the goods back to us before the fourteen-day period has expired. We bear the costs of returning the goods. You shall only be liable for any diminished value of the products if an inspection of the condition, characteristics, and functioning of the goods shows that the loss in value is due to improper handling on your part.
4.4 Exclusion of right to cancellation
The right to cancellation does not exist for contracts
• for the delivery of goods that are not pre-manufactured and for whose manufacture an individual selection or designation by the consumer is essential or that are clearly tailored to the personal requirements of the consumer,
• for the delivery of goods which can spoil quickly or for which the expiry date can be quickly exceeded,
• for the delivery of sealed goods which are not suitable for return for reasons of health and safety or hygiene once the seal is broken after delivery,
• for the delivery of goods if these are, due to their nature, inseparably mixed with other goods after delivery,
• for the delivery of alcoholic beverages whose price was agreed upon conclusion of the contract but which could be delivered at the earliest 30 days after conclusion of the contract and whose current value is dependent on fluctuations on the market, over which the company has no influence,
• for the delivery of sound or video recordings or computer software in a sealed package if the seal is removed after delivery,
• for the delivery of newspapers, magazines or illustrated journals, with the exception of subscription contracts.
4.5 Right of withdrawal for Sportnex: In the event that payment for an auctioned product or service is not made within 20 days after receipt of the “acceptance of bid”, Sportnex is entitled to declare its withdrawal from the agreement. The same applies in the event that a direct debit is rejected by the customer.
5. Duties of the user:
5.1 The user has a duty to always keep the data in the membership account up to date. The user is informed that contractual declarations (e.g. confirmation e-mail, modifications to the T&Cs, termination) may be sent to the same by e-mail. If communications, goods or possible refunds are unable to reach the user because the data entered by the same are incorrect then any delays or damages resulting from such will be at the expense of the user. This does not affect a possible right of cancellation by Sportnex in accordance with figure 11.
5.2 The user must ensure that the membership account is used only by the same and must keep his password secret to this end. He shall be liable to Sportnex for any abuses of his membership account for which he is responsible. The membership account is neither transferable nor heritable.
5.3 The user must procure the necessary technical requirements for participation (e.g. internet connection, mobile connection) at his own expense.
5.4 The user undertakes to refrain from actions that impair the function of the website (e.g. with software or other scripts) or otherwise interfere with the course of the auction without authorisation (e.g. use of so-called sniper software, submission of sham bids that have no genuine intention (joke bids)). The user will also refrain from modifying, overwriting, copying or distributing content of the website. This also applies for copying by means of ‘Robot/Crawler’ search machine technology.
5.5 Sportnex is entitled to demand a contractual penalty of 500.00 £ for the first instance and 1,000.00 £ for each subsequent instance from a user who has submitted a joke bid. This does not apply for serious bids whereby the user has an obligation to pay the sum that has been bid, in the event of rejection or delayed acceptance of the service, default of payment, or in the event that the user withdraws from the contract. The assertion of further damages from the submission of joke bids is not precluded and compensation claims for damages are counted with the contractual penalty.
6. Sportnex contact, next best bid:
6.1 If the user has gained the acceptance of bid in an auction or purchased an item, it may be necessary for Sportnex to make contact with him in order to clarify further details (e.g. date arrangement). The user agrees to this contact (including by telephone or e-mail).
6.2 In the event that the winner of the auction exercises his right of cancellation or return (figure 4) or Sportnex justifiably withdraws from the contract with the user then Sportnex is entitled to present the offer for acceptance to the user with the next best bid, setting a deadline for such. In this respect, the user agrees to temporary storage of his data for this purpose and to contact being made to this end. Sportnex is free to decide instead to re-advertise the product or service for auction or to no longer offer it at all.
7. Data protection:
7.1 If necessary for the performance of the contract, Sportnex will communicate the data specified by the user to contractual partners involved with the performance of the contract (e.g. to the clubs providing the products or service providers involved with the provision of the items or the delivery of the same).
7.2 Further information can be found in our data protection declaration for this website.
7.3 Customers can be contacted via Short Message Information Mail by their mobile number.
8. Server availability:
Sportnex guarantees 97% availability of the website on average over the year (24 hours, 365 days) measured at the router output of the computer centre, although maintenance times are not taken into account in the availability. Maintenance times are times that are required for the maintenance of the system and interruptions for offline backups within reasonable limits as well as interruptions due to force majeure, e.g. emergency measures in order to prevent a massive virus outbreak or unforeseen attacks by a third party (hacking).
9.1. If a defect is present then, at its discretion, Sportnex will correct the defect or provide a replacement with the delivery of new goods. If the defect is not eliminated despite two subsequent attempts , or if Sportnex is unwilling or unable to provide an improvement or subsequent delivery, or if this is not effected within a reasonable period or if the supplementary performance fails for other reasons then the customer is entitled to assert the other statutory rights arising from product defects.
9.2 Sportnex provides no guarantee for the quality or durability of an item unless the quality or durability is explicitly identified as “guaranteed”.
9.3 The limitation period for companies is generally one year; for consumers it is two years for new goods and one year for used items.
10.1 Sportnex is liable only for malice and gross negligence and for the breach of an essential contractual obligation (cardinal duty). In the event of breach of a cardinal duty through slight negligence, the liability is limited to the damages foreseeable at the time when the contract is formed and to damages that are typical for the contract. Sportnex is not liable in the case of a breach of ancillary duties through slight negligence where these are not cardinal duties.
10.2 The liability limitation does not apply in the case of malicious concealment of defects or if a quality guarantee is provided, for liability under product liability law, and for damages compensation claims resulting from injury to life, body or health. No amendment of the onus of proof to the disadvantage of the customer is associated with this.
10.3 If the liability of Sportnex is excluded then this also applies for the personal liability of the employees, representatives and vicarious agents of Sportnex.
11. Term, suspension, cancellation:
11.1 The usage agreement runs for an indefinite period and may be terminated by the other party with a notice period of 30 days.
11.2 This does not affect the right to termination without notice. Sportnex is specifically entitled to terminate the agreement without notice if the user:
- Has given incorrect data or if data given by the same become incorrect due to lack of updating and a notification, product or refund therefore fails to reach the user;
- Has passed on his password;
- Has attempted to cause damage to other users;
- Has attempted to manipulate the services of Sportnex;
- Has acted dishonestly;
- Has failed to pay for a product or service on time.
11.3 If justified suspicion exists of grounds for termination without notice then Sportnex may suspend the membership account of the user until the suspicion has been eliminated. The user remains bound by offers already submitted for the duration of the suspension.
11.4 In the event of termination, the user is no longer entitled to submit bids if the auctions will finish only after the termination takes effect. He remains bound by offers already submitted until the end of the auction. After expiry of the notice period, Sportnex is entitled to delete the membership account.
12. Applicable law, place of performance, legal domicile:
12.1. German law applies to the exclusion of the regulations concerning choice of law and the UN convention on CISG.
12.2. The place of performance and exclusive legal domicile in relation to companies is Munich.
12.3 There are no verbal side agreements.
12.4 Should individual contractual terms or conditions be or become entirely or partially invalid then the remainder of the contract shall remain valid. The same applies in the event that a gap is found in the contract.
The website www.officialwesthamauction.com and the auctions, sales of goods and services provided through the website are provided by Sportnex GmbH.