Allgemeine Geschäftsbedingungen für den Marktplatz (nicsell)

§1 Introduction

This Domain Marketplace Agreement ("Agreement") is entered into by you ("Customer") and DomainProfi GmbH, Serviceteam nicsell ("Enterpriser"), and is valid upon the date of your electronic acceptance. The agreement defines the terms and conditions for the use of our domain marketplace on nicsell.com. These terms and conditions are meant in addition to our general terms and conditions.

Nicsell may change or modify this Agreement at any time after a notification period of no less than two weeks and unless nicsell receives your written refusal to the modified terms of the Agreement within the notification period, such changes will be effective upon posting them to the nicsell website. By using our services after nicsell has posted the modified terms and conditions you voice your acceptance with the terms and conditions as last revised.

§2 Domain Marketplace

Our Domain Marketplace serves as a trading platform allowing our Customers to sell and buy domain names. In these cases, nicsell acts as a mediator in the trading of domain names and is never a party to a contract in the case of this procedure.

If one of the parties does not fulfil its obligations, nicsell shall not be liable for this and shall return the received performance (i.e., refund or return). nicsell can recount the damage that it or the performing party suffers as a result of the non-performing party to the non performing party.

The Customer needs to ensure that when selling or buying a domain through the marketplace on nicsell.com, any factors affecting the purchase and/or sale of a domains name are in compliance with the terms and conditions of nicsell and of the respective registry. As well every customer needs to check that the use of their domain does not infringe the rights of any third parties.

§3 Fees and Costs included

If not otherwise specified, nicsell does not charge Buyers a fee for purchasing a domain through our Domain Marketplace. Nicsell charges Sellers a fee for nicsell’s services in the mediation of sales. The standard fee for a domain sale will be 10%.

If any of both parties violates their obligation with the terms and conditions or the contract of a domain sale, nicsell reserves the right to collect any applicable commission fee for the sale from the party not fulfilling their obligations. Claims for compensation can be made from the opposing party and/or nicsell.

All prices quoted during the negotiation process between Buyer and Seller are to be understood as end prices including any applicable taxes. Bids can only be submitted in EURO.

§4 Rules of Sale and Bidding

By default, a bid on an auction marketplace domain is binding until the end of the auction. Should the highest bid after the end of the auction period (maximum 28 days) be equal to or higher than the minimum price set by the seller, this automatically leads to an acceptance by the seller and thus to a binding conclusion of the contract. Should the highest bidder not have reached the seller's minimum price at the end of the auction, a renegotiation may take place. The bids now submitted are binding for 7 days in each case.

We recommend that both parties carefully review the domain offers before entering into a binding contract.

If a contract is concluded, both parties are obliged to fulfil their performance (provision of the Authcode / payment of the domain) immediately. After receipt of the authcode by nicsell, a transfer period of 7 days starts. If the purchaser has not moved the domain within this period, nicsell will move the domain to an interim account. The completion of the process and the associated additional work for nicsell will be invoiced to the purchaser with further costs.

§5 Liability

Nicsell has no influence on the sold product (usually the domain name) and therefore cannot be held to quality requirements, guarantees, or to be held accountable for (non) conformity.

For damages resulting from recommendations made, nicsell is never liable.

Nicsell is never liable for indirect damages, including consequential damages, lost revenues and profits, savings and damages due to business stagnation.

The limitations of liability included in these terms and conditions do not apply for direct damages if the damage is attributable to intent or gross fault of nicsell or nicsell’s subordinates.

Nicsell is not liable for damages, of any nature whatsoever, because nicsell has relied on incorrect and/or incomplete information provided by the customer, unless this inaccuracy or incompleteness should have been apparent to nicsell.

Nicsell assumes no liability that the website on which bids can be submitted for an "auction" is permanently accessible.

§6 Prepayment or security

Nicsell is always entitled to request a prepayment or security before commencing or continuing with performance. If customer remains in default of the requested prepayment or security, the duty of performance or effort resting on nicsell expires, without prejudice to the right of nicell to compensation for all damages, costs and interest by the customer.

If not otherwise stated, the payment terms stated on the invoice, contract and our general terms and conditions apply.

§7 Cancellation

Nicsell reserves the right to cancel any domain listing before or during and auction process. This can be, but is not limited, to the violation of this Agreement or the infringement of (intellectual) property rights of a third party. If a bid or domain listing is cancelled, any binding relationship between the Seller and highest (or last) bidder will be nullified.

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

If the buyer defaults on payment after 14 days, the domain will be cancelled in the order and remain in the customer's possession. If the customer has agreed, the domain will be offered for sale to the bidder with the second highest bid. The domain remains in the possession of the customer if no purchase is made.

§8 Force majeure

In case of force majeure, including in any case disruptions or failures of the internet, the telecommunication-infrastructure, power disruptions, domestic unrest, mobilisation, war, gridlock, strike, lock-out, business disruptions, stagnation in supply, fire, flood, import and export hindrances and regardless of the reason, so that the fulfilment of the agreement cannot be reasonably expected of nicsell, then the execution of the agreement will be suspended, or the agreement will be terminated when the force majeure situation has lasted longer than ninety days, all without any obligation to damage compensation.

§9 Maintenance of website

nicsell takes appropriate technical and organisational measures to secure nicsell’s systems against loss or any form of illegal use.

nicsell is entitled to (temporarily) remove the website from service if that is necessary for maintenance, updating or securing the website, without any right to compensation for damages arising from nicsell.

nicsell does not guarantee that the website will work without interruption, will be free of viruses, Trojans and other faults and/or defects and/or that any defects will be resolved, and is not liable for damages that result from this.

§10 Domain Auction Marketplace as seller

After a successful negotiation, nicsell will issue an invoice to the buyer in the name of the seller. The invoices from nicsell-Trading can always be recognized by the prefix "TH" in front of the invoice number (Ex: TH-22-000001). In addition to the invoice from seller to buyer, nicsell also issues an invoice to the seller, which only includes the commission. The customer therefore agrees that his data may be transferred to the buyer in case of a successful negotiation. Your data will never be disclosed by nicsell to any party not involved in the transaction.