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TERMS & CONDITIONS

 

General Terms and Conditions for the Use of the Service Offer of Originals Only GmbH
Structure


1. scope of application and defense clause
2. definitions: User and Auction House
3. the service offer of Originals Only
4. the contract of use between Originals Only and the user
5. offer formats for the conclusion of a purchase contract according to clause 3.1 of these GTCs
6. prohibition of offer manipulation
7. use of the Originals Only online marketplace in the context of live stream auctions
8. obligation of the users regarding the contents of the offer, bid and other communication, prohibition of self-promotion
9. reservation of right of modification by Originals Only
10. no guarantee of Originals Only for the user's access to the online marketplace at any time, right of Originals Only to restrict or suspend the use of the online marketplace
11. participation of the users in a rating system
12. liability
13. applicable law

 

1. scope of application and defense clause
The legal relations arising from the contract between Originals Only GmbH (hereinafter referred to as Originals Only) on the one hand, and the users of the services offered by Originals Only on the other hand, are governed by these General Terms and Conditions (GTC). The GTC of a user of the service offer of Originals Only do not apply to the legal relationship between Originals Only and the user of the service offer of Originals Only.

2. definitions: Users and Auctioneers, gender-neutral understanding of the term
Users in the sense of these GTC are natural persons and legal entities who wish to buy or sell collectibles as defined in Section 3.1 below or merchandising items as defined in Section 3.3 below via the Internet platform of Originals Only, regardless of whether they are acting as consumers within the meaning of Section 13 of the German Civil Code (BGB) or entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) when buying or selling.

An auction house is a company that sells collectibles at live stream auctions pursuant to Section 3.2 below.

The masculine formulations "user", "buyer" and "seller" chosen in these GTC shall also apply without restriction to the other genders. In the interest of better readability, we refrain from using both the masculine and other forms in the absence of gender-neutral wording.

3. the range of services offered by Originals Only

3.1 Online Marketplace
Originals Only maintains an exclusively virtually based platform - hereinafter referred to as Online Platform - in order to enable users of the Online Marketplace set up on this Online Platform to offer collectibles, in particular from the advertising and toy industry (hereinafter referred to as Collectibles), either in the context of auctions or direct sales as sellers or to purchase them as buyers.

3.2 Live Auctions by Auctioneers
In addition, Originals Only offers auction houses to conduct virtual live stream auctions on its online platform for the purpose of brokering contracts between individual users for the purchase of collectibles.

3.3 Merchandising Shop
Originals Only has further established a merchandising store on its online marketplace through which users can purchase various items bearing the Originals Only brand (Merchandising Items).

4. the contract of use between Originals Only and the user


4.1 Conclusion of Contract
The contractual relationship between Originals Only and the User concerning the use of the service offer of Originals Only is concluded with the opening of an Originals Only account, which takes place under explicit agreement to these GTC, the acknowledgement of the privacy policy, and in case of consumers as Users under instruction of their right of withdrawal (hereinafter also User Agreement). The user contract is concluded with the opening confirmation of Originals Only. The user has no claim to the conclusion of a user contract. In the context of opening the user account, the user is obligated to truthfully provide the requested registration data and, in particular, to provide the following data completely and correctly: Full name, full address, indication whether the use is in the exercise of a commercial or independent professional activity or for private purposes, and whether the User is acting on behalf of third parties or as a true beneficial owner.

4.2 Remuneration of Originals Only
Originals Only will receive a commission from the respective User in the amount agreed upon between the User and Originals Only on the occasion of the conclusion of a purchase contract via its online marketplace in accordance with Section 3.1 of these Terms and Conditions. The commission of Originals Only becomes due with the conclusion of the sales contract. Withdrawal from the purchase contract does not void the claim for commission.

4.3 Inspection and Certification of Collectibles
In the case of offers to conclude a purchase contract, Originals Only checks the originality in accordance with the above section 3.1, i.e.


- Toys as to whether the item was manufactured in the period specified by the seller per category selection.
- Promotional items and posters on whether the article was produced exclusively for advertising purposes.


Excluded from this check are the collectibles expressly designated as non-certifiable in the offer mask.
After receiving the commission payment from the Buyer, Originals Only is obliged to provide the Buyer with a certificate of originality of the sold collectible.

4.4 Updating the data of a user account
The User is obliged to update the data of his/her User Account immediately after they have been changed. If a User no longer meets the requirements of a User as a consumer, but wants to use the service offer of Originals Only as an entrepreneur, he is obliged to change his account accordingly.

4.5 Protection of access data and data protection
After opening a user account, the user is required to protect his access data against unauthorized access by means of a password and to change the password at regular intervals. If a user becomes aware that a third party has gained unauthorized knowledge of the access data and is using the user account in an unauthorized manner, the user must inform Originals Only immediately and arrange for the account to be blocked by Originals Only.

4.6 Term and Termination of the User Agreement
The User Agreement may be terminated by the User and Originals Only at any time without giving reasons. The termination must be in text form to be effective. The notice period is 30 calendar days to the end of a month. The right to extraordinary termination for good cause remains unaffected.

5. offer formats for the conclusion of a purchase contract according to section 3.1 of these GTCs

5.1 Offer formats: Auction and fixed price
Originals Only provides two different bidding formats and functions for concluding a purchase contract on the online marketplace, the auction format and the fixed price format. Originals Only does not become a party to the purchase contract between users and does not act as a representative of any user.

5.2 Auction format, bidding level, purchase price, conclusion of purchase contract

5.2.1
If the Seller sets a limit price in the bidding format, its offer to conclude a purchase agreement shall be subject to the condition precedent that the limit price is bid within the bidding period to be determined by it. The Buyer who places a bid on the offer accepts the Seller's offer under the condition precedent that he is the highest bidder to be considered under these GTC after the expiry of the bidding period.
The auction proceeds in fixed bidding increments, i.e. bidding increments in € amounts. During an auction, Originals Only will inform the users about the bidding level they have reached. The bidding level reached is the next highest bidding level above the current second highest bidding level.

5.2.3
The purchase contract is concluded with the highest bidder as the buyer. The amount owed as the purchase price shall be the amount of the next highest bid step above the second highest bid step. However, if this amount is higher than the highest bid submitted by the user, the highest bid submitted by the user shall also constitute the purchase price.

Examples:
1. if the highest bid is €120 and is lower than the bid level of €130 that follows the second highest bid, the purchase price shall be €120.

2. if the highest bid is € 120 and is above the bid level of € 110 that follows the second highest bid of € 100, the purchase price is € 110.

5.2.4
If, within the bidding period to be specified by the seller in the bidding format, several bids are received from users who reach or exceed the limit price, the purchase is concluded with the user who submitted the highest bid. If several users have submitted a bid of the same amount that is not outbid by other users, the contract shall be awarded to the user whose bid was received first on the online marketplace.

5.3 Fixed price
Fixed price offers can only be accepted if the buyer selects the option "buy now" in the input mask within the bidding period specified by the seller and completes the immediately following payment process.

5.4 Buyer's Obligation to Advance Payment, Payment Service Provider
The Buyer shall be obliged to make advance payment unless the Buyer and the Seller agree otherwise. The purchase price is due immediately upon the purchase agreement becoming effective and is to be paid by the Buyer via the payment methods offered by the Seller. Originals Only offers in certain cases the settlement via a payment service provider. The details are regulated in the respective bidding conditions.
5.5 Binding nature of the Seller's offer and the Buyer's bid

5.5.1 Legal transactions between consumers
If the Seller and the Buyer are consumers within the meaning of Section 13 of the German Civil Code (BGB), the following shall apply: By posting a collectible item using one of the formats (auction or fixed price format) on the online marketplace of Originals Only, a Seller makes a binding offer to sell the posted item within the bidding period specified by the Seller. The seller is bound to this offer until the expiry of the bidding period and cannot unilaterally withdraw the offer within this period. After the conclusion of such a sales contract and the payment, the seller is obliged to immediately send the posted item to the buyer and to inform Originals Only through a message on his user account respectively about


- the receipt of the purchase price and


- the dispatch of the posted item and


- any performance problems that may have occurred, including but not limited to failure to ship or pay the purchase price or any part thereof, or loss of or damage to the posted item prior to delivery to the Buyer.


A buyer who places a bid on an item offered in the auction price format is bound to this bid and cannot unilaterally withdraw it. The buyer's bid expires if a higher bid is placed by another buyer within the bidding period. In the fixed price format, the purchase contract between the seller and the buyer is concluded upon receipt of the bid on the online marketplace by selecting the option "Buy now" in the input mask and can then no longer be withdrawn.

5.5.2 Legal transactions between entrepreneurs
If the Seller and the Buyer are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), the provisions of Clause 5.5.1 shall apply mutatis mutandis.

5.5.3 Legal transactions between a consumer and an entrepreneur
If the purchase contract is concluded between a consumer within the meaning of § 13 BGB as Buyer and an entrepreneur within the meaning of § 14 BGB as Seller, Clause 5.5.1 shall apply mutatis mutandis with the proviso that the consumer shall have the right, under the conditions of §§ 312 et seq. BGB the consumer has the right to revoke his declaration of intent. The seller has the obligation to inform the consumer in accordance with the information requirements of §§ 312 ff. BGB about his right of withdrawal.

5.6 Originality and freedom from defects of title
A seller who has posted an item for sale on the online marketplace of Originals Only warrants that the posted item is owned by him and is not encumbered with any third party rights and, to the best of his knowledge, in the case of
- in the case of a toy, that the item is owned by the company designated in the offer
- in the case of a promotional article, that the article was
has been manufactured.
Finally, the Seller warrants that his offer placed on the Originals Only online marketplace does not infringe any third party rights, including but not limited to copyrights, trademarks and other industrial property rights.

5.7 Originals Only's right to delete or temporarily suspend offers and bids, account suspension

5.7.1
Originals Only is entitled to delete or temporarily suspend a Seller's Offer or a Buyer's Bid in the following cases of disruption, with the consequence that the Offer or Bid will not be effective permanently in case of deletion and during the period of suspension. An incident is deemed to have occurred if, based on objective facts, there is a suspicion that the affected User has violated statutory or other legal provisions or infringed the rights of third parties with his current or a past offer or bid using the online marketplace of Originals Only.

5.7.2
Originals Only is entitled to block the account of a user at any time and thus prevent the user's access to the online marketplace, if there is a suspicion that the user concerned has violated applicable law or infringed the rights of third parties in the course of using the online marketplace.

5.8 Right of Use of Photographs by Originals Only
By transmitting, publishing or displaying photographs on the online marketplace, the user grants Originals Only a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit and distribute these contents in all media and through all distribution channels for Originals Only's web purposes. With this license, the user grants Originals Only permission to make the Photograph available worldwide and to allow third parties to do so. The User agrees that Originals Only has the right to make the Photographs posted by the User on the Originals Only Online Marketplace available to other companies, organizations or individuals who cooperate with Originals Only for the purpose of broadcasting, distributing, advertising or publishing such Photographs in other media and services. To use the Photographs posted by the User on Originals Only's online marketplace to the aforementioned extent without any compensation being paid to the User.

6. prohibition of bid manipulation
Users are prohibited from maintaining multiple user accounts or from manipulating the prices of their own or third-party offers in cooperation with other users or from purchasing their own items or placing bids on items that they themselves have posted as sellers. Furthermore, users are prohibited from manipulating the search functions of Originals Only, e.g. by improperly inserting brand names or other search terms into the item name or description that do not correspond to the facts.

7. use of the Originals Only online marketplace in the context of virtual live-stream auctions

7.1 Conclusion of contract between Originals Only and the auction house
The contractual relationship between Originals Only and the Auction House regarding the use of the service offer of Originals Only in accordance with the aforementioned Section 3.2 for the execution of virtual live auctions comes into effect with the opening of an Originals Only account, which takes place with express consent to these GTC, the acknowledgement of the Privacy Policy (hereinafter also Auction Usage Agreement). The opening of an Originals Only account and thus the Auction Usage Agreement is concluded with the opening confirmation from Originals Only. An Auction House has no right to conclude a User Agreement. Within the framework of opening the user account, the Auction House is obliged to truthfully provide the requested registration data.

7.2 Commission obligation of the Auction House Only, no commission obligation of the Users
Originals Only receives a commission from the auction house in the event of the conclusion of a purchase contract by way of live auction. The commission is due on the last calendar day of the month in which the auction took place and will be collected by Originals Only from the specified account of the auction house.
The use of Originals Only's online marketplace in the context of the live stream auction conducted by an auction house is free of charge for the users, i.e. sellers and buyers. Any claims to which the auction house may be entitled against users remain unaffected.

7.3 Eligibility, rights and obligations of the users and the auction house in live stream auctions, no responsibility of Originals Only

7.3.1
Decisive for the live-stream auctions, in particular the eligibility to participate, the mutual rights and obligations of buyer, seller and auction house are the auction conditions of the respective auction house conducting the auction and, in addition, the agreements made by the users and the auction house. Originals Only does not participate in these auctions neither as a representative of users nor as a representative of the auction house and does not become a contractual partner of a contract concluded by acceptance of a bid at such an auction and is also neither involved in nor responsible for the execution of this contract.

7.3.2
Originals Only does not guarantee to Users that bids and offers will be forwarded in time.

8. obligation of the users regarding the contents of the offer, bid and other communication, prohibition of self-promotion.

8.1 Compliance
The user is obligated to Originals Only to comply with applicable law (e.g. criminal, competition and youth protection law) when submitting offers and bids and when posting other own content on the online marketplace and not to violate any rights of third parties (e.g. name, trademark, copyright and data protection rights). All content posted in the online marketplace may not violate applicable law or morality, neither through its content nor through its form. In particular, it is not permitted to disseminate content that is
- racism
- glorification of violence and extremism of any kind
- incitement and instigation to criminal offences and breaches of the law, threats against life, limb or property
- incitement against persons or companies
- statements that violate personal rights, slander, defamation and defamation of users and third parties, as well as violations of the law of fair trading
- copyright infringing content or other infringements of intellectual property rights
- sexual harassment of users and third parties
- pornography
- offensive, sexist, obscene, vulgar, hateful, or profane material or language.
represent, concern or contain.

8.2 Prohibition of advertising
Users are prohibited from advertising their own business or that of a third party on the online marketplace. Users may not use messages with advertising content for such a company or provide access data to an external website or an external link.

9. reservation of right to change by Originals Only
Originals Only has the right to change or amend these GTC and to change and amend the regulations for the use of the service offer of Originals Only, as far as this is reasonable for the users and auction houses, taking into account the legitimate interests of the users and auction houses. A change is to be announced with a reasonable period of time, which may not be less than 30 calendar days. A user has the possibility to agree to the change within this period via his user account. In case of failure to agree, Originals Only has the right to terminate the User Agreement.

10. Originals Only does not guarantee the User's access to the online marketplace at any time, Originals Only's right to restrict or suspend the use of the online marketplace.


Originals Only does not warrant that each user will have access to the online marketplace at all times. Nor can Originals Only guarantee that the online marketplace operated by it can be used by the user in all its functionalities at all times, regardless of the user's operating system. Originals Only is further at liberty to restrict or suspend access to the online marketplace in whole or in part, temporarily or permanently, due to maintenance work, capacity concerns and other events beyond its control.

11.User participation in rating system
Originals Only maintains two rating systems, of Users to each other (11.1) and of Users by Originals Only (11.2).

11.1
After a sale transaction processed through the online marketplace, the Users involved in it can rate each other and publicly visible on the online marketplace. Originals Only does not check these ratings before publication. Users are obliged to evaluate another user truthfully and factually. Users are prohibited from rating themselves or a third party.

11.2
Originals Only rates the Users within the Originals Only Integrity system publicly visible on the online marketplace in the form of a traffic light circuit with the following phases:
- Green as long as the User has not violated the User Agreement;
- Orange after the first violation of the user agreement with Originals Only, and
- Red after the second violation of the User Agreement with Originals Only.

12 Liability of Originals Only

12.1 Towards a consumer
Originals Only's liability towards a consumer is governed by the statutory provisions.

12.2 Towards an Entrepreneur
If the user is an entrepreneur, the following applies:
- in case of intent or gross negligence on the part of Originals Only, its organs and/or vicarious agents;
- in case of culpable violation of cardinal obligations also in case of slight negligence, however, limited to the reasonably foreseeable damage typical for the contract; cardinal obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the User may regularly rely;
- in case of injury to life, body or health, which is based on an intentional or negligent breach of duty by Originals Only, a legal representative or vicarious agent of Originals Only;
- in case of defects which Originals Only has fraudulently concealed or whose absence Originals Only has guaranteed;
- in case of defects, as far as Originals Only is liable for personal injury or property damage to privately used objects according to the Product Liability Act.

13.Applicable Law to the Legal Relationship between Originals Only and the User

13.1 User as entrepreneur
If the user is an entrepreneur in the sense of § 14 BGB (German Civil Code), the law of the Federal Republic of Germany applies exclusively to the user contract between Originals Only and the respective user, to the exclusion of German international private law, as far as legally permissible.

13.2 User as consumer
If the User is a consumer in the sense of § 13 BGB (German Civil Code), the User Agreement between Originals Only and the User - including the form of its conclusion as well as all rights and obligations resulting from it - is subject to the laws of the Federal Republic of Germany. Mandatory protective regulations of the law of the state in which the contractual partner, who is a consumer, has his habitual residence, remain applicable.

14.place of jurisdiction and place of performance for the contract of use between Originals Only and a user who is an entrepreneur


14.1 Place of Jurisdiction
For legal disputes between Originals Only and a User who is an entrepreneur in the sense of § 14 BGB (German Civil Code), either the Worms Local Court or the Mainz Regional Court shall have exclusive local jurisdiction within the scope of their subject matter jurisdiction. Originals Only is also entitled to sue the user at his place of business.

14.2 Place of Fulfillment
Place of Fulfillment is the registered office of Originals Only in Worms am Rhein.