Privacy Policy (AGB) for the use of auXion International and the auXion-Shops
 

Survey:
The Company

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,

(hereafter referred to as auXion) phone spain 0034 966456557 offers goods on the Internet at www.auXion.com/de/ch/at/es, which can be bought through highest offer. Contracts between different sellers are also arranged. The company’s target is to establish connections between bidder and seller as well as seller 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 aged 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 seller and bidder. If the account is deleted the username and the email address will be saved to keep the existing feedback with the trading partners.
Registered members that give deliberately wrong information in their personal information or their email address can be charged with fraud, if they bid and refuse to complete the transaction, in order to protect other users. Incorrectly registered members are not eligible to claim 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 liable for the eventual loss of the item.

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Verified Members

3. Each verified member receives our Hammer Logo. .
A copy of your passport or another photo-ID is required to check your personal information. Please send the document copies via mail to info@auXion.de or via telecopy/fax to 0034 96 5761952. In case the provider is not yet verified, you will find the following note: Anbieter noch nicht überprüft (Provider not yet verified).

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Bill of Sale


4. The fees for completed contracts must be paid to the given account within 14 days. A bill of sale is regarded as being completed, if the highest offer is accepted. In case of non-payment within 14 days, the seller can resign the contract and make claims for compensation on grounds of non-fulfilment.

5. Items can be listed for between 1 and 28 days

6. After the end of the auction the seller and the winning bidder will receive a notice via mail. Full addresses of both parties are contained in this email.

7. A legal contract is formed between seller and winning bidder. Following that, the payment as well as the shipping costs and details should be agreed on.

8. auXion is not liable for the quality and for the condition of the offered items, nor for deficiencies and mistakes of the sellers. No claims can be made for compensation from businesses in which auXion appears as an agent.

9. You may only bid on for yourself. Members may not bid on behalf of other people. Every bidder can bid for an item as often as he wants.

10. Once an auction is completed, it can not be cancelled. By placing bids you signal your willingness to purchase.

11. Fraudulent bids are not acceptable and will lead to the closure of the member account.

12. If you wish to auction something just register and click ‘Sell’. 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 successful auction, set your start price as low as possible.

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Offered Items


14. The auction house auXion accepts all items that can be traded, with the following exceptions: items which glorify violence, pornography, right and left wing extremist items, stolen items, bootleg copies, forgeries, x-rated films, indexed videos, harmful writings, videos and illustrations, trademark imitations, human organs, illegal drugs, arms (under arms laws), living, primed or protected animals, (with the exception of horses), as well as anything that offends against valid rights. Every seller 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 takes no responsibility for items which are not in the property of the Lofox GmbH. The auction house reserves the right to end auctions for illegal or fraudulent items immediately even if bids were already made. It is illegal to advertise any website except auXion on your auction page. In the same way it is forbidden to offer items for sale via email. Moreover all forms of advertising for other auction houses, written or linked, are forbidden. Even on the About Me Page all forms of advertising for other auction houses are forbidden. If you offer a horse, the desired or target price must be set as the start price. It is forbidden to start with one Euro. auXion is exempt from all claims, which third parties may make against them on grounds of infringement or right violations due to the offers or contents on any seller’s item page at auXion. In this case sellers have to bear all legal defence costs of auXion, including all court and lawyer costs.

15. auXion is merely an auction house and as such mediates items for third parties (e.g. shops). auXion can not be made liable if these should not be available anymore. Neither is auXion liable for the quality and the state, as well as for the dispatch of these items.

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The Charges

16. Our new fees as from 1st of July 2011:

Professional flatrate: only 11,50 $ a month (incl. VAT). Shop included!

fee is calculated, once items have been insertet for at least 1 day a month.
Our program automatically counts the day with the most items online and books its corresponding flatrate fee at the end of the month.

Termination:
The flatrate and the shop can be terminated until the 25th of a month. The termination must arrive at auxion.com in written form (e.mail) until the 25th of  the month. Terminations which arrive after this day automatically extend fees for 1 month. A complete termination of registry at auxion can be done in "My account" at the left hand side.

Special features to choose:
Highlighted item (displayed on mainpage) costs 4,- $ incl. VAT
Items highlighted in their category cost 0,45 $ incl. VAT
Bold items cost 0,15 $ incl. VAT each.

Shops with less than 20 articles uploaded are not free of charge!
Monthly fee for shops is then 11,50 $ incl. VAT
Shop fees are booked, even if there are no items uploaded.

In the following categories no fees are booked at all: Cars, Car brands, Vehicles, Others, Motorbikes, Oldtimer, Caravans.

Special fees for books:
Second hand book shops: One time costs of  30,-$ for installation of interface. No further costs, even for successful selling.
Book shops which sell new books: One time costs of 30,-$ for interface connection, 11,50 $ monthly fees, no matter how many items you sell.


The invoice will be sent by auxion.com at the end of each month or beginning of the following via e-mail.

The amount must be paid until the 14th of the following month.

In case the invoice hasn't been paid until the 14th, a reminder will be sent by auxion.com.

On the 22nd auxion.com will send the first admonition if the invoice hasn't been paid.

From the 28th-30th auxion.com will send a final admonition in case the invoice hasn't been paid. We will at the same time automatically block your account and pass this process to an external collection company.
.
Credits on your account cannot be paid, but cleared with future fees.

18. Anyone over the age of 18 can register, offer and bid.

19. With commercial offers the VAT is automatically included in the purchase price.

20. Please note that laws regarding physical auction houses are not applicable with auXion.

21. auXion is not liable for possible server failures or technical faults with hardware or software. Auctions that are terminated due to a program error are nullified. No legal claims can be put forward

22. auXion is not liable for third party delivered objects.

23. Unless by prior agreement, the shipping costs are always paid by the bidder.

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Disclaimer Regarding Links

24. By law any internet site owners may be held responsible for the content of sites linked to via any part of their website. In order to prevent prosecution of Lofox GmbH for illegal or undesirable content, it is necessary for us to make this disclaimer:
For all links, from anywhere on the auXion sites, we state that we do not have any influence on the organization and the contents of the linked pages. We distance ourselves explicitly from all contents on all linked pages within our Internet presence and we do not promote any of these contents. This statement is true for all links within our Internet presence and for all page contents, to which registered banners and links lead.

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Prizes & Drawings by lot

25. Regular prize draws by lot are carried out among all registered users. The prizes will only be sent, if the winner sends us his/her postal address information via email. That way we can ensure that the registration was correct. If the addresses do not match there is no claim to the prize.

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Feedback & Banning

26. Feedbacks from three different auction houses are accepted by auXion. These are transferred to a feedback section. Every member is responsible for their own feedback.
If other auction houses do not agree with the transferred feedbacks, they are asked to contact the individual user. This service is provided by the auction house free of charge. When a purchase or sale is completed, a feedback must be left, this is part of the trading contract at auXion. If a trading partner does not receive a feedback, the auXion team can enter a positive feedback on your behalf.
If an auctioned item is not paid by the bidder, a yellow logo is entered in his feedback section. If a member has more than 2 yellow logos, he is automatically banned. Sellers who do not send a paid article are suspended immediately pending clarification. The auXion team reserves the right to block members without reason.

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Pictures & Photos

27. Published pictures and photos can be put on the starting page by auXion without notice.
The picture size is limited to 80 KB.

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GetItNow - Auctions

28. At other auction houses the auXion GetItNow auctions are known as Power Auctions. At GetItNow auctions several identical items are offered by one seller. The auXion user can choose the desired amount they wish to purchase. The price per item is given and can not be changed. If a bid is made, both trading partners immediately receive an email.
The auction is automatically finished as soon as the given number of items is sold.

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About Me page

29. 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 auXion at this shop page. That way we have a free of charge link exchange.

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auXion Shops

30. In the auXion Shop Centre members can create and manage a shop. auXion provides the shops free of charge. Up to 9 own categories 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. Email addresses and URLs are not tolerated as shop names. Neither should they violate third party rights nor offend against public decency. All details must be entered correctly while establishing a shop. auXion reserves the right to delete shops which violate the rules anytime.

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Distance Selling Regulations


Relevant legislation:
Distance Selling Regulations (DSR) 2000.
Consumer Protection (Distance Selling) Directive 97/7/EC.
Electronic Commerce Directive 2000.

31. According to the Distance Selling Regulations (Mail Order, Telephone and Internet Shopping), business sellers on auXion should familiarise themselves with the following clauses:
31a) Consumers must be given clear information about the goods or services before buying;
31b) Goods must be delivered within thirty days unless agreed otherwise;
31c) Consumers have a cooling off period in which they can withdraw from the contract for any reason. The cooling off period begins as soon as the order has been made. In the case of goods, it ends seven working days after the day of receipt of the goods. In the case of services, it ends seven working days after the day the order were made. If the consumer agrees to the service beginning within the seven days, the right to cancel ends when the service starts; and
31d) Where consumers notify the supplier in writing or another durable medium that they wish to cancel the contract, they must be refunded within 30 days all money paid.
These regulations do not apply to private sellers.

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External advertising of items

32. Within all pages of auXion 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. URLs are not allowed in pictures or photos either. After 1st October 2002 all URLs are censored by auXion. Items will be deleted if necessary.

33. The auction-house auXion reserves the right to change or extend the privacy policy (AGB) anytime.

34. Our motto is: Be fair and nice to each other.

35. 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.


Im Kamperholz 48
44805 Bochum
Germany

info@auxion.de

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