The marketplace conditions of domainname.de
Marketplace conditions of realtime.at Domain Services GmbH
These marketplace conditions apply to the purchase or sale via the domain marketplace of realtime.at Domain Services GmbH at www.domainname.de - hereinafter referred to as "marketplace". You can always find a current version of these marketplace conditions online at www.domainname.de/agb/
1.THE ROLE OF REALTIME.AT ON THE MARKETPLACE
realtime.at makes the market place available under www.domainname.de, on which the prospective customer and offerer can agree upon the achievement (usually a Domain) and the price.
Furthermore, realtime.at takes over the entire purchase procedure. As soon as an agreement between interested party and provider has been reached, realtime.at will buy the domain for the buyer from the provider at the agreed price and then sell it to the buyer at the agreed price.
realtime.at can neither guarantee nor are liable for the fact that an offered service can actually be provided by the provider. realtime.at neither checks whether a domain is available at the offered time, nor does a trademark and naming rights check take place.
2.VALIDITY OF BID - COMMITMENT PERIOD
Each bid on the marketplace is binding and has a binding period of exactly 21 days (equivalent to 504 hours) from the time of bid submission. During the binding period, the other party can accept the bid and a legally binding contract of sale is concluded.
During a commitment period it is not possible to withdraw a bid. It is only possible to increase a purchase offer for a domain or to decrease a sales offer for a domain. Each new offer to buy or sell has a commitment period of exactly 21 days.
If a domain is sold to another interested party via the marketplace during the binding period, the binding period expires at that moment.
There is no binding period for fixed prices or buy-it-now options, as this is a binding purchase.
3.HANDLING OF THE TRANSFER - OBLIGATION TO COOPERATE
In case of acceptance of a purchase or sales offer, a legally binding purchase contract is concluded. Buyer and offerer have an obligation to cooperate in the further processing, in particular the transfer of the object of purchase (usually a domain) to the buyer.
realtime.at will issue a request for payment as well as an invoice to the buyer and will take over the object of purchase (usually a domain) after receipt of payment. As soon as realtime.at has taken over the object of purchase (usually a domain), realtime.at is entitled to credit and pay out the purchase price, less the agreed upon commission, to the seller.
Subsequently, realtime.at will transfer the object of purchase (usually a domain) to the buyer or the buyer himself will ensure that he takes over the object of purchase (usually a domain). If the buyer does not pick up the object of purchase within 14 days, the buyer is in default of pickup. In this case, realtime.at will charge a monthly fee according to the price list for the uncollected object of purchase (usually a domain) and is entitled to delete the object of purchase (usually a domain) in case of non-payment.
If it is not possible for realtime.at to take over the object of purchase (usually a domain) from the provider within 14 days, realtime.at will refund the purchase price to the buyer. A further claim to realtime.at, e.g. for fulfillment, does not exist.
4.FINAL TERMS
Austrian law applies exclusively. Place of performance is the registered office of realtime.at Domain Services GmbH. The court responsible for the registered office of the company realtime.at Domain Services GmbH is agreed upon as place of jurisdiction.
In the event of linguistic ambiguities, only the German version of the contractual and business conditions shall apply.
If one of the conditions of these marketplace conditions should be invalid, the remaining conditions are not affected. In place of an invalid provision, a provision shall be deemed to have been agreed which comes closest to the purpose of the invalid provision in a legally valid manner.
