Conditions

Terms of use for the online marketplace “Time to collect“

General

The company Time-to-Collect UG (haftungsbeschränkt), Hellenbergstr. 20, 41569 Rommerskirchen, Germany (“Provider”) provides for Internet users (“Users”) on the website www.time-to-collect.com (“Website”) a public marketplace around the topic of collectible figures. Users have the opportunity to register there as buyers and/or sellers and to buy and/or sell items. The following terms of use apply to the use of the online marketplace.

§ 1 Use

(1) The Provider makes available a marketplace on the Internet where natural persons (“Users”) can offer items for sale (“Offer”) and purchase items from Users (“Sellers”) by means of sales offers (“Offer”), provided that the Users do not violate legal provisions and/or these Terms of Use in this process. The offer is directed exclusively at private individuals, commercial use of the marketplace is expressly prohibited. The provider himself neither offers articles nor becomes a contractual partner of the contracts concluded exclusively between the users of this marketplace.

(2) The offers and other content published by users are not attributable to the provider and are generally not checked by the provider for their legality, accuracy and completeness.

(3) The Provider may make the use and/or individual functions or their scope subject to certain conditions, such as verification of user account data, account type, payment history and/or dependent on the presentation of certain proof (e.g. proof of identity, payment or ownership).

(4) The User’s entitlement to use the marketplace exists only within the scope of the current state of the art. The Provider is entitled to temporarily restrict its services. This applies in particular if it is necessary with regard to capacity limits, the security or integrity of the servers or for the implementation of technical measures and this serves the proper or improved provision of services (maintenance work).

(5) Each user is responsible for ensuring that his offers and content (in particular images and other information) do not contain any illegal content and do not infringe the rights of third parties.

(6) It is prohibited

– to offer articles in the exercise of a commercial activity,

– to offer articles whose offer, sale or purchase violates legal regulations, these Terms of Use, the rights of third parties or morality. The provider has the right to tie the sale of certain articles to conditions that go beyond legal regulations;

– to manipulate the prices of his own or third party offers or to buy his own articles by abusive user profile use or in cooperation with other users;

– to advertise items not offered on the marketplace of the provider, whether in text or image form.

(7) Sellers must truthfully state all properties and features essential for the purchase decision as well as defects that could reduce the value of the offered item. Both the item description and the images used in the process may only refer to the item offered. The price of the respective item is a final price, including any other price components. The sales price does not include delivery and shipping costs. In addition, complete and truthful information must be provided about the payment and delivery conditions.

(8) Users are solely responsible for storing or documenting information that can be viewed on the marketplace and/or information provided by the provider in the course of use outside of the Internet. This applies in particular but not conclusively to information for the purpose of preserving evidence or record keeping.

§ 2 Registration / User Account

(1) Registration as a seller and/or buyer takes place by opening a seller/buyer profile, agreeing to these terms of use and taking note of the privacy policy. Upon registration, a contract on the use of the marketplace (“user contract”) is concluded between the seller and the user. A claim to the conclusion of a usage contract does not exist.

(2) Registration is only permitted to natural persons of unrestricted legal capacity. In particular, minors are excluded from registration and use of the marketplace. A user profile is not transferable.

(3) The data requested by the provider during registration must be provided completely and truthfully. The specification of a P.O. Box as an address is not permitted.

(4) Natural persons may only register individually. Joint use of the profile with other persons, including persons of the same household, is not permitted.

(5) If the data provided changes after registration, the user is obliged to update the information in his profile without delay.

(6) Users are obliged to keep their password secret and to carefully secure access to their profile. Users are also obliged to inform the provider immediately if there are indications that a profile has been misused by third parties.

(7) In the course of using the marketplace, users receive information that is necessary for the purchase transaction, such as contact information of the other user involved in a transaction. The provider will only disclose information about users to third parties if this is necessary for the provision of services under the user contract or if there is a legal obligation on the part of the provider. Further information can be found in our privacy policy.

§ 3 Offer and Conclusion of Contract

(1) The provider makes offer formats and functions available to users in order to initiate or conclude contracts with other users, which are essentially based on purchase formats.

(2) If a seller posts an item in the purchase format, this does not constitute a binding offer to conclude a purchase contract for this item. Rather, it is initially an invitation to submit an offer for the item offered. In addition to a selling price, the seller may also specify a period within which the offer can be accepted (“offer period”).

(3) In the case of offers in the purchase format, the buyer does not submit a binding purchase offer for the corresponding item by pressing the button “Send request”. Rather, it is a non-legally binding request to buy the offered item to the mentioned. Both seller and buyer are free to subsequently conclude a legally binding purchase contract. The purchase process in this regard takes place outside the marketplace.

(4) In the event of deletion of an offer by the provider, for whatever reason, no effective contract between buyer and seller.

§ 4 Measures / Blocking / Termination / Revocation

(1) If there are concrete indications that a user violates legal regulations, rights of third parties and/or these Terms of Use and/or if there are concrete indications of other fraudulent activities, the provider is entitled to take the following measures:

– Deletion of offers or other content

– Delay the publication of offers and other content

– Restriction of the use of the marketplace

– Temporary blocking

– Final blocking

The legitimate interests of the user will be taken into account.

(2) Users may terminate this user contract at any time. The provider can terminate the user contract at any time with a notice period of 15 days to the end of the month. The right to block and the right to extraordinary termination for cause remain unaffected.

(3) Users of the marketplace are entitled to a statutory right of revocation. You can find more details under our cancellation policy.

§ 5 Fees

The use of the marketplace is free of charge.

§ 6 Liability

(1) The provider is liable according to the legal regulations for intent and gross negligence of him, his legal representatives, executives or other vicarious agents. The same applies to the assumption of guarantees or other strict liability as well as claims under the Product Liability Act or culpable injury to life, limb or health. The Provider shall be liable in principle for simple negligent violations of essential contractual obligations caused by him, his representatives, executives and simple vicarious agents, i.e. such obligations on the fulfillment of which the User regularly relies and may rely for the proper execution of the contract, in this case, however, limited to the amount of the typically arising, foreseeable damage.

(2) Any further liability of the Provider is excluded.

(3) Insofar as the liability of the Provider is excluded or limited, this shall also apply in favor of the personal liability of its legal representatives, executive employees and simple vicarious agents.

§ 7 Final provisions

(1) Should any provision of this contract be or become invalid, this shall not affect the validity of the remainder of the contract. In place of the invalid provision, a provision shall be deemed to have been agreed which comes as close as possible to the economic purpose of the invalid provision.

(2) All declarations transmitted within the framework of the concluded contract of use must be made in writing or text form (e.g. by e-mail).

(3) The contract of use including these terms of use is subject to German law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. In addition, the mandatory consumer protection provisions that apply in the state in which the user has his habitual residence are applicable, provided that these offer the user further protection.

(4) The Provider is neither willing nor obliged to participate in dispute resolution proceedings with consumers before a consumer arbitration board.

(5) The place of performance for all disputes arising from the user contract and these terms of use is the registered office of the provider.