General Terms and Conditions

1.1 Scope and applicability of these General Terms and Conditions

Applicability: These General Terms and Conditions (GTC) of CatchMe.auction (hereinafter "CMA"), together with the provisions declared binding in these GTC and referenced alongside them, in particular the privacy policy and the schedule of fees, govern the use, rights and obligations associated with the products offered by CMA via the CMA website (including all subdomains) (hereinafter the "website"), as well as the contractual relationship between CatchMe.auction and its members. In addition, the terms of use of the interface apply when using the interface.

Acceptance and amendment of these terms: The member accepts these terms upon each login to the website. CMA reserves the right to amend these terms and conditions at any time and to publish the current version on CMA. We will also notify members of material changes within a reasonable period before they take effect.

1.2 CatchMe.auction website

CMA makes its website available to its registered members for viewing. It is a platform for the sale and purchase of goods.

In these General Terms and Conditions, the providers of a product are referred to as the seller and the buyer of the product.

1.3 Manner of use of the CatchMe.auction website

1.3.1 Personal responsibility

On the website, members may independently and at their own responsibility conclude contracts with one another or with traders and members. Only the seller or trader and the buyer are bound and entitled under such contracts. Performance of the contract is the exclusive responsibility of the trader or seller and the buyer.

1.3.2 CatchMe.auction legal status

CMA is not a party to any contract concluded between members or between traders and members in an auction. Under no circumstances are CMA, its representatives, employees and auxiliary persons liable for the risks associated with the initiation and conclusion of transactions, and under no circumstances are they liable for any damage arising therefrom.

CatchMe.auction is under no obligation to monitor the conduct of its members or traders in connection with the use of the website. CatchMe.auction is in particular entitled, but not obliged, to verify in any way the legality or other admissibility of the offers, texts and images posted in the auction by its members or traders. This applies in particular to the rating system for members or traders, which members use at their own responsibility.

1.3.3 No right of use

There is no entitlement to registration, membership, use of the website or use of the services of CatchMe.auction. In particular, CMA may freely refuse registration or membership at any time, exclude a member in accordance with section 2.4, prohibit use or discontinue the service.

1.4 Definitions

1.4.1 Member

By registering, i.e. by providing the required personal data and agreeing to these GTC, an interested party may become a "member" of the website or may decline registration and membership.

1.4.2 Offer

An offer means the publication of an independently created listing for the sale of a product on the CatchMe.auction website.

1.4.3 Types of offers on the CatchMe.auction website

Offers may be structured in various ways. The following formats are currently available:

• a) Auctions: during an auction on the CatchMe.auction website, the offer is published for a period and under conditions determined by the seller. Interested parties may, in competition with one another (i.e. according to the highest price they are willing to pay), submit bids for the offered product, starting from a set minimum price. Listing a product for the purpose of conducting an auction constitutes a binding offer by the seller to conclude a purchase agreement at the end of the auction period. If a bid is submitted within the last 2 minutes of the offer period, the auction closes one minute after the entry of the last bid. The contract is concluded with the highest bidder. In the case of a multiple auction, listing several identical products constitutes a binding offer by the seller to conclude separate purchase agreements until the number of items is exhausted, namely with the bidders in descending order according to the bids received.
• b) Fixed-price offers / auctions with a "buy now" price: a listing of a product by the seller stating a so-called fixed price constitutes a binding offer for the immediate sale of the product to the person who agrees to pay that specified amount. If an offer in the form of an auction also includes the option to purchase the product immediately at a fixed price and thereby terminate the auction early, that price is, for clarity, referred to as the "buy now price".

2.1 Purpose

A precondition for offering and purchasing products on the website, for using the related website functions and for accessing password-protected areas (in particular the personal account) is membership as a registered user. In order for a member to use all functions of the website (in particular selling and buying without restrictions), various levels of verification are available or may be required (e.g. entering an activation code sent by email).

2.2 Description

Registration and membership are free of charge. Membership is personal and non-transferable.

2.3.1 Capacity to act

Membership is open only to natural or legal persons with unlimited legal capacity. Minors (under 18 years of age) are excluded from membership.

2.3.2 Personal data

The data to be entered upon registration must be complete and accurate at all times and must include the following: full first and last name, date of birth, residential address, telephone number and a valid email address. When registering a company or a commercial member account, the name of the contact person and the full company name must be provided (including the VAT number and business register number, if available). In the event of changes, the member is obliged to update the data without delay in the personal user account, so that they are complete and accurate at all times.

CatchMe.auction may at any time require or waive additional information and/or verifications for certain functions.

The username chosen by the member must not be indecent, derogatory or otherwise offensive. The username must not contain any reference to an email or internet address, nor must it infringe the rights of third parties.

2.3.3 Persons domiciled abroad

Persons who reside or are established abroad may likewise use the CatchMe.auction website without restrictions.

2.4.1 Commencement

Membership begins when CatchMe.auction sends a confirmation email after registration and acceptance of these terms and the GTC.

2.4.2 Termination by the member

You may terminate your membership at any time, provided that all of the following conditions are met, by sending an email to CatchMe.auction:

• The balance on the member's account is settled.
• The member is not currently offering any products on CatchMe.auction.
• The member is not participating as a bidder in an ongoing auction.

If one of the conditions is not met, the termination is invalid. CatchMe.auction customer service confirms the cancellation by email and closes the relevant account.

2.4.3 Termination by CatchMe.auction

CatchMe.auction has the right to exclude a member at any time for objective reasons, in particular in the event of non-compliance with the General Terms and Conditions (i.e. to terminate the membership), to prohibit use or to discontinue the service, without the member concerned having any claims against it.

CatchMe.auction has the right to temporarily block or permanently exclude a member if it appears likely that another, already blocked or excluded member (such as family or household members) is operating through that account, or if there is reasonable suspicion that the member is infringing the rights of a third party.

Commissions and reminder fees remain due for payment even if you are excluded.

Excluded members are not entitled to register again as a member without the prior consent of CMA, neither under their own name nor under the name of anyone else. Breaches of this provision are charged at EUR 100.

3.1 Confidentiality of access data

The member is obliged to keep the personal activation code received by email confidential at all times and never to disclose it or make it accessible to third parties.

3.2 Technical interference

The use of mechanisms, software or other scripts that could disrupt the proper functioning of the website is prohibited. Members must not act in a manner that could cause an unreasonable or excessive load on the CMA infrastructure. Members are prohibited from blocking or overwriting content created by CMA, or from otherwise modifying or interfering with the CMA website.

3.3 Intellectual property rights of third parties

Offers, texts and visual representations that a member publishes on the website in any manner and in any form (offer descriptions, etc.), or otherwise communicates via the website, must not infringe the intellectual property rights of third parties. A member may use and publish on the website only images and texts that the member has created themselves or to which the rights holder has consented; this applies in particular to text and image material that is publicly available on another website.

3.4 Personal rights of third parties

Offers, texts and visual representations that a member publishes on the website in any manner and in any form (offer descriptions, etc.), or otherwise communicates via the website, must not infringe the personal rights of third parties; in particular, they must not be offensive, obscene, harassing, defamatory, disparaging, harmful to reputation, and the like.

3.5 No advertising

Offers, texts and visual representations that a member publishes in an auction in any manner and in any form (offer descriptions, texts for closing emails, messages to buyers, etc.), or transmits in any other way via the website, must not contain any form of advertising for products that this member is not currently offering or will offer in the near future via the website.

3.6 Links and web addresses

Offers and content published on the website (including images) must not contain any URL links or web addresses. Offers in the form of classified advertisements and the exceptions listed in the general list of prohibited items are exempt from this.

3.7 Use of content

Seller data visible in an offer, or other data that CMA may provide in connection with offers, may be used only in connection with the relevant offer; in particular, use for advertising purposes is prohibited. It is likewise not permitted to use such data to send newsletters or to pass it on to third parties.

3.8 No contract concluded outside CatchMe.auction

Texts and images that a member publishes on the website in any manner or in any form (offers, classified advertisements, etc.) must not be intended for the conclusion of contracts outside CMA.

3.9 No manipulation of auctions through bids

It is prohibited to manipulate the prices of one's own offers or those of third parties by using multiple CMA accounts or in cooperation with third-party accounts (e.g. persons living in the same household or family members). In addition, it is prohibited to submit bids using automated data-processing procedures.

3.10 Prohibition of circumventing the fee structure

It is prohibited to carry out acts that serve to circumvent the CatchMe.auction commission structure (e.g. offers with disproportionately high shipping costs).

4.1 Invalid offers

CMA is authorized, at any time, at its own discretion and without stating reasons, to prohibit the offering of certain products and groups of products in an auction. A non-exhaustive overview, which is continuously updated, can be found in the general list of prohibited items.

4.2 Published content and offers; categories

CMA is authorized to delete individual offers on the website at any time without inquiry and without stating reasons. This applies in particular to offers that have been published in the wrong auction category, to manifestly non-serious offers, and to text or images that infringe rights or may harm third parties. No claims against CMA can be derived from such deletions.

CMA is likewise authorized at any time, without prior notice or justification, to rename, split, merge, cancel or reintroduce offer categories, and to move current offers to another category or delete them accordingly.

4.3 Reuse of published content

The user grants CatchMe.auction a non-exclusive right to use and share the content of the original offer published on the website with other users.

4.4 Breaches of the General Terms and Conditions by a member

CMA is authorized to warn a member if there is credible, concrete evidence that this member has breached these terms. CMA has in particular the right to warn a member if there is credible, concrete evidence that the member has intentionally breached their contractual obligations towards another member.

The right to exclude a member from membership remains reserved (see: Membership / termination by CMA).

4.5 Changes to the offer period

CMA is entitled, but not obliged, to extend or shorten the duration of offers if this appears necessary for the proper execution of the offer (see also technical failures / maintenance).

5.1 Power of disposal over the offered product

The seller may offer only products over which they have the right of disposal. This means in particular, but not exclusively, that the member is able and entitled to transfer ownership and possession in full and free of encumbrances to the buyer, that they are entitled to dispose of the item, and that they are authorized to transfer the right.

5.2 Prohibited sale of prohibited items

It is prohibited to offer products whose offering, sale, purchase, distribution or use could violate statutory regulations or common decency. CatchMe.auction maintains a non-exhaustive and continuously updated list of prohibited products, the offering or promotion of which is prohibited without the prior express permission of CMA. Regardless of whether a product is included in the list, CMA reserves the right to delete offers at any time and to notify the competent authorities or aggrieved third parties.

5.3 True and complete information about the product

The seller is obliged to provide true, non-misleading and fair information about the offered product, and to provide complete information about the payment and delivery details. All defects in the product or packaging must be stated. This applies in particular to used products or products with damaged packaging. The seller is obliged to publish their offer in the appropriate product category on the website.

5.4 No prior sale

During the term of the auction, the seller is prohibited from selling the listed products elsewhere or from granting rights to third parties.

5.5 Commission

Listing items on the website is free of charge.

If the sale is successfully completed, the seller must pay CatchMe.auction a commission of 10% of the sold item in accordance with the schedule of fees. All of the above fees become due for payment after 7 days and can be downloaded as a receipt in the fee overview once payment is received. CatchMe.auction reserves the right to adjust the amount of the commission for new offers at any time. The deletion or modification of an offer during its term by the seller does not entitle the seller to a refund or reduction of the costs incurred for upgrades. Depending on the nature of the offer modification, additional costs may apply, in particular due to the selection of additional upgrades.

5.5.1 Time of the payment claim

Unpaid commissions become due for payment 7 days after they arise.

5.5.2 Payment period

The user receives a payment request and payment reminders by email. The total of these amounts is reflected in the relevant account balance, which becomes due for payment 7 days after the oldest fee arises. The member is obliged to pay even if, for technical reasons, they do not receive a payment request. Unpaid fees are payable upon receipt of the payment request. The first payment reminder will be sent by email. After the first payment reminder, CatchMe.auction has the right to charge a reminder fee of EUR 10.00. If the due account balance, including reminder fees, is not paid, the user account will be automatically blocked 30 days after the payment request. In the event of a repeated breach, CMA may exclude the member from the auction. CMA reserves the right to hand over the entire outstanding amount to a debt-collection agency.

5.5.3 Method of payment

You can settle the fees using the following options:

• Payment by credit card (Mastercard, Visa).
• Payment via online banking over the internet.
• Payment at a bank or post-office counter.

5.6 Fee refunds — Refund of performance commissions

The commission does not have to be paid if the buyer fails to pay the purchase price and the seller has duly fulfilled any obligations to cooperate. The seller must submit the application via the online form in their user center. In any case, this application must be submitted no later than 20 days after the completion of the sale (the end of the auction). Subsequent requests will not be considered.

6.1 General

CatchMe.auction does not guarantee that members will act in good faith when trading on the website. In particular, CMA does not guarantee that members will fulfil their possible contractual obligations.

6.2.1 Form of bids

A bid can be validly entered on the relevant offer page. Bids in any other form, in particular by email, are not valid and are irrelevant.

6.2.2 Binding nature of the bid

By submitting a bid, the bidder declares that they will purchase the offered product under the conditions determined by the seller or individually agreed with the seller (methods of payment, mode of transport, delivery costs, etc.), if they are the highest bidder at the end of the auction. The bidder is bound by their bid until it is exceeded.

Modifying or withdrawing a bid is not permitted. In the case of multiple auctions, a bid expires only when higher bids exhaust the entire number of items in the auction. If a bidder in a multiple auction wins only part of the desired products, they are nevertheless obliged to accept the number of products that are sold to them.

If a bid is deleted, the second-highest bid will be reinstated only with the express consent of the relevant bidder.

If the offer description changes after a bid has been submitted, and as a result of that change the offered product is no longer equivalent, the bidder who had bid the highest at that time — or, in the case of a multiple auction, those bidders who would have received the contract had the auction been concluded at that time — has the right to withdraw their bid. Please send any related questions by email to CMA.

A potential buyer is bound by their proposed price. The price proposal loses its validity if the seller rejects it or if the validity period of the price proposal expires.

6.2.3 Conclusion of the contract

Upon expiry of the offer period, a binding contract is immediately concluded between the seller and the highest bidder.

If a member offers an amount equal to the "buy now" price or the fixed price, a binding contract is immediately concluded between that member and the seller.

6.2.4 Content of the contract

a) Seller's conditions: The seller is obliged, against payment of the purchase price, to transfer possession and ownership to the buyer, free of the rights of third parties. Exclusions of liability in this regard are not permitted. It is not permitted, and is therefore not part of the contract, for the seller to pass the CatchMe.auction commission on to the buyer. The purchase price always includes any VAT, unless the seller delivers the goods directly from abroad. The seller is obliged to clearly indicate all additional costs, such as VAT, customs duties, etc.

b) Product description: The product description is part of the contract, which means that the seller warrants that the product has the described characteristics. If a particular piece of information does not constitute a warranty, the seller must state this clearly and unambiguously.

c) Content in the absence of differing seller conditions: If, at the time the bid is submitted, no differing conditions or a manifestly different product description by the seller apply, and the parties have not agreed otherwise, the following contractual content applies to the purchase of goods: The seller is liable for material defects, i.e. for undescribed defects that materially affect the value or usability of the item for its intended use. In particular, the seller is liable for the functioning of the sold device, unless there is a clear description to the contrary. The risk of loss of the product passes to the buyer when it is dispatched or handed over to the buyer. Any recycling costs are included in the purchase price, which means that the buyer does not have to pay them additionally. Slovenian law applies to all disputes between the contracting parties relating to the offer, excluding the UN Convention on Contracts for the International Sale of Goods.

6.2.5 Performance of the contract

a) General: Both contracting parties undertake to fulfil their obligations under the purchase agreement in full and on time.

b) Communication: Each party must provide the other, within 3 calendar days of the conclusion of the contract, with the data that the other party needs to perform the contract. This applies in particular to postal or bank details, if payment by bank transfer was offered and the seller did not already provide them in the so-called text for closing emails. If one party does not have the data about the other party that is needed to perform the contract, that party is obliged to request it at least twice by email and once by telephone within 7 days of the conclusion of the contract. If these requests are unsuccessful, the requesting party has the right to withdraw from the contract after 7 calendar days from the conclusion of the contract.

c) Due date: The owed contractual performance must be carried out in full and correctly no later than 7 days after receipt of the data necessary for performance. Upon receipt of the relevant performance, the counterparty must, no later than 7 days, pay the owed consideration in full and correctly. This 7-day period also applies to cash collection.

6.2.6 Withdrawal

If a member, despite a request to do so, fails to render the owed performance, their contractual partner has the right to withdraw from the contract and to demand the return of any performances already rendered. This does not apply if the contractual partner themselves prevented the performance (e.g. if they did not appear at the agreed handover meeting or did not provide the member with their bank details despite a request to do so).

6.2.7 Product defects

If a product has a defect that is not stated in the offer description and materially reduces or eliminates the value or suitability of the product for its intended use, the buyer must notify the seller within 7 calendar days of delivery of the product in order to demand repair at the seller's expense. The same applies if the product lacks a function that was mentioned in the offer description.

Further warranty or guarantee rights, such as reworking, price reduction or replacement, are excluded. Differing agreements between the seller and buyer remain reserved.

CatchMe.auction may enable its members to access offers and content on the website and to submit bids or conclude contracts using mobile devices. However, CMA reserves the right to exclude certain content, services and functionalities that are displayed only on the CMA website.

CatchMe.auction has the right to technically edit, prepare and adapt members' offers and content so that they can also be displayed on mobile devices.

Members are aware that the presentation of an offer on a mobile device may differ from that on the website. Nevertheless, members remain bound to submitting a bid or concluding a contract using a mobile device in the same way as if they had submitted the bid or concluded the contract via the website.

CatchMe.auction processes all personal data collected from members in accordance with the privacy policy.

CatchMe.auction reserves the right to transfer some or all of the rights and obligations arising from these General Terms and Conditions to a third party, or to have them exercised by a third party.

10.1 General

CMA's liability for direct damage in the case of slight negligence — regardless of the legal basis — is expressly excluded, subject to mandatory statutory provisions. CMA's liability for indirect or consequential damage — regardless of the legal basis — is fully and expressly excluded.

10.2 Technical failures, maintenance

In particular in the case of slight negligence, CMA is not liable for technical problems as a result of which bids are not accepted or are processed too late or incorrectly. In particular, CMA does not guarantee that the system time corresponds to the officially set time. The CMA website may be closed for maintenance work, or temporarily unavailable or available only to a limited extent for other reasons. Auctions that have been significantly affected by system disruptions are, as a rule, extended automatically.

10.3 Content and offers

CatchMe.auction is under no obligation to verify the offers, opinions and other information that members publish on the website, and in particular assumes no liability for: the true and correct formulation of offers; the quality, safety, legality or availability of the offered products; the ability, authority and willingness of an individual member to offer, buy, deliver, pay for or otherwise perform a contract; and the accuracy of translations when using the automatic translation function.

10.4 Members and third parties

CMA is in particular not liable for damage suffered by members or third parties as a result of the conduct of other members or third parties in connection with the use or misuse of the website.

10.5 Linked websites

CMA assumes no liability whatsoever for the currentness, correctness, legality, completeness or quality of the content of websites that can be accessed via links on the website, and in this context excludes any liability.

If other members, users or third parties assert claims against CMA due to the infringement of their rights by offers or content published by a member, or due to other use of the website by members or users, that member or user shall indemnify CMA against all claims and shall also bear the costs of CMA's legal defense (including court and legal costs).

If individual provisions of these General Terms and Conditions are wholly or partly void and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts of those provisions shall remain unaffected. The void and/or ineffective provisions shall be replaced, in a legally effective manner, by provisions that come closest to the meaning and purpose of the void and/or ineffective provisions. The same applies to any gaps in the arrangement.