Terms of service (nicsell)

§ 1 Contracting party

Contractual partner of the customer (hereinafter referred to as "customer" and "enterpriser") 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.

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

In order for the enterpriser to participate in the auctions, he must first confirm his mobile phone number and accept the current version of these GTC.

§ 4 Performance and conclusion of contract

During the redemption grace period nicsell offers registered enterprisers the possibility to bid on the service of the registration of Domains after their quarantine phase. Furthermore nicsell offers the possibility to buy exklusive domains which are not in the redemption grace period.

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 can place a binding bid with clicking on the button "charged bid". This applies for all auctions on the platform, quarantine domains just as well as non-quarantine domains.

By bidding on domains, the entrepreneur accepts the registration conditions and guidelines of the respective registrar. The following list shows all top level domains with a link to the official information. It should be noted that the latest edition always applies.

.de https://www.denic.de/de/bedingungen.html
.at https://www.nic.at/de/agb
.eu https://eurid.eu/de/weitere-informationen/dokumente/
.se & .nu https://internetstiftelsen.se/en/how-to-register-a-domain-name/terms-and-conditions-for-se-and-nu-domains/
.ch & .li https://www.nic.ch/de/terms/agb/
.pl https://www.dns.pl/en/pl_domain_name_regulations
.cz https://www.nic.cz/files/nic/doc/Registration_rules_CZ.pdf
.me https://domain.me/policies/
.it https://nicsell.com/pdf/Regulation_assignation_v8.0.pdf
.be https://assets.dnsbelgium.be/attachment/Enduser_Terms_and_Conditions_en_v6.1_1.pdf
.fr https://www.afnic.fr/wp-media/uploads/2020/12/Guidepratique_Titulaire_VA.pdf
.es https://www.dominios.es/en/registra-un-dominio/terminos-condiciones/clausulas

Furthermore you also give your consent that necessary personal data for the domain registration may be passed on to the registries.

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 for the customer.

After the successful registration of the domain nicsell has the opportunity to accept the offer from the customer (conclusion of contract). The acceptance of the offer is given by sending the appropriate order confirmation email. In this case a contract about the ownership of the domain is achieved in addition, between the enterpriser and the respective registry, if the enterpriser is inserted as the owner of the domain by nicsell.

§ 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 conclusion of contract.

The invoice will be created in electronic form. It is automatically provided after receipt of payment.

The Auth code for the transfer of the domain will be sent to the enterpriser after receipt of payment. The Domain shall be transfered immediately, no later than 28 days after the enterpriser receives the authcode. If the customer does not fulfill this obligation in due time, there is no further claim to this domain or refunds on the part of the customer. Nicsell is then entitled to handle the domain with the corresponding instrumentality from the registry. In addition, there is the possibility for nicsell to charge the customer an additional fee of 5.00 € per domain and starting calender month.

§ 7.1 Procedure for orders with a creation date before 1 July 2024

If the enterpriser has not fully settled his receivables within 14 days after conclusion of the contract, nicsell reserves the right to revoke the concluded contract and to cancel the order of the customer. Nicsell is then entitled to sell the domain otherwise. In addition, the enterpriser is excluded from further bidding until all claims in arrears have been settled.

§ 7.2 Procedure for orders with a creation date from 1 July 2024

If the enterpriser has not paid his outstanding debts in full within 14 days after conclusion of the contract at the latest, nicsell will justifiably cancel the subject matter of the contract - i.e. the domain - and sell it elsewhere. In addition, nicsell will exclude the enterpriser from further bidding and charge him an administration fee of 5 Euro per domain.

The invoicing of the administration fee applies to quarantine and marketplace domains (nicsell Trading).

The other sale by nicsell only concerns quarantine domains, i.e. domains that we will try to register. If the seller (nicsell Trading) has agreed, marketplace domains will be offered for sale to the bidder with the second highest bid. If no purchase is made, the domain remains in the possession of the seller.

Once all outstanding debts have been settled, nicsell will activate the entrepreneur for bidding. If payment is repeatedly delayed, nicsell reserves the right to permanently exclude the enterpriser from the platform.

§ 8 Disturbance of services

Should there be technical problems with our services or with partner systems, there is no claim to compensation for any damages incurred.

§ 9 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.

§ 10 Domain Auction Marketplace as buyer

When acting as a buyer in our domain auction marketplace, we may use your data after the successful conclusion of the contract/purchase of a domain in order to issue an invoice from the seller to you (buyer). This invoice (and thus your data) will therefore also be passed on to the seller of the domain. nicsell will never forward your data to any third-party that was not involved in the transaction.