Terms of service (nicsell)

§ 1 Contracting party

Contractual partner of the customer (hereinafter referred to as "customer") is the DomainProfi GmbH, Serviceteam nicsell, Martinistraße 3, D-49080 Osnabrück (hereinafter referred to as "nicsell").

§ 2 Scope and conditions

These terms and conditions are valid for all achievements in the version valid at the time of the order delivery.

nicsell performs its services exclusively based on these general terms and conditions. They are also valid for future business relations in the area of this subject matter of the contract, even if they are not expressly agreed again.

Conditions of the enterpriser won't become a contract component, also not if nicsell does not contradict to them expressly and the contract is still carried out or the customer declares to conclude only to his conditions.

§ 3 Registration, use and exclusion

Only enterprisers, trading in exercise of a commercial or independent professional activity, could become customers from nicsell .

Registration is free of charge.

Only after registration and connection by nicsell the enterpriser can see the domainlist and take part in active auctions.

nicsell reserves itself the right to reject the registration without giving reasons or to exclude the enterpriser afterwards from the use of the service.

§ 4 Performance and conclusion of contract

During the running waiting period nicsell offers registered enterprisers the possibility to bid on the service of the registration of .de Domains after their waiting period (quarantine phase).

All offers by nicsell shall be without obligation and must only be regarded as an invitation for the enterpriser to place a bid.

After choosing the desired domain the enterpriser could place a binding bid with clicking on the button "charged bid". The amount can be determined independently within a framework.

By bidding for domains the enterpriser accepts the terms and guidelines of the respective registry which can be viewed online ( for .de Domains under http://www.denic.de/de/bedingungen.html).

If several enterprises place a bid for the same domain, the respective bid expires automatically if another enterpriser places a higher bid.

If the enterpriser is the highest bidder, nicsell will try to register this domain. Nevertheless, there is no claim by the enterpriser on registered domains.

There won't be any costs for the enterpriser if nicsell cannot register the domain.

The successful registration process shows an acceptance of the offer (conclusion of contract) by nicsell. In this case a contract about the ownership of the domain is achieved in addition, between the enterpriser and the respective registration place, because the enterpriser is registred directly from nicsell as owner of the domain.

§ 5 Storage of the contract text, contract language

The contract text is stored by us merely inside in our system and is not accessible to you. The order data and Terms and Conditions will be sent you by email. The topically valid version of the Terms and Conditions can be viewd on nicsell.com, be printed out and be stored. The present bids and calculations can be viewed at least 90 days after auction end in the customer account of the enterpriser. An additional publication by us does not occur.

You agree to receive invoices in electronic form.

The contract language is German.

§ 6 Prices and costs

Unless otherwise stated, the prices are given in Euro net and include german value added tax at the applicable rate.

Enterprisers outside from Germany with valid sales tax identification number receive net prices and the sales tax liability goes over on the benefit recipient.

The enterpriser bears only in case of a successful auction and registration the costs of his order. The registration of the domain by nicsell is included in the bid for the domain. So it is free for the enterpriser.

The enterpriser himself bears for other accruing costs which result after registration of the domain as for example migrate the domain to a new provider. These costs are not included in the offer.

§ 7 Payment, migration of the domain and reservation of the ownership

The Domain remains up to the entire settlement of all demands property of nicsell.

The payment occurs exclusively by bank credit transfer or PayPal within at last 14 days after registration of the domain.

The calculation position occurs basically in electronic form. The calculation is automatically provided and made available after in-payment.

The Auth code for the transference of the domain is made available to the enterpriser after in-payment. The Domain it is immediately, at least since 14 days on receipt of the Auth code to move to a new provider.

If the enterpriser has not migrated the domain 28 days after successful registration, nicsell reservs to calculate an additional fee of 5.00 € per domain and started calendar month.

§ 8 Closing provisions

These Terms and Conditions as well as the contracts made based on these Terms and Conditions are governed exclusively by German right to the exclusion of the German IPR and the UN-purchase right.

The place of performance and exclusive legal venue for any disputes arising from or in connection with the contractual relationship between nicsell and the enterpriser shall be Osnabrück.

The same place of jurisdiction applies if the customer does not have any general place of jurisdiction in the interior, after conclusion of the contract relocates his domicile or customary place of residence from the interior or his domicile or customary place of residence is not known at the time when the action is filed.

Any nullity of single clauses of the contract does not affect the validity of the remaining clauses. In place of the ineffective clause a similar legal effect clause that comes closest to the intent of the desired purpose comes into effect.