General Terms and Conditions
§ 1 General
The auction of a set of ULTRASONE Tribute 7 headphones with the serial number 777 shall be organised by ULTRASONE AG, Bernrieder Strasse 17, 82327 Tutzing, Germany.
1.2 In the Tribute 7 (serial number 777) auction, ULTRASONE AG shall act in its own name and on its own account. The net proceeds from the auction shall be transferred fully and without exception to the Tabaluga Foundation charitable cause. It is, therefore, not an auction according to the definition of the German Industrial Code.
1.3 ULTRASONE AG shall auction a set of limited edition Tribute 7 headphones (1 unit) with the unique serial number 777. ULTRASONE AG is a German manufacturer of high-quality headphones. The set of headphones to be auctioned on this platform shall be a set of limited edition Tribute 7s. In total there were only 777 units in this series; each set of headphones has its own serial number and is therefore unique.
§ 2 Registration and member account
2.1 In order to participate actively and bindingly in the ULTRASONE Tribute 7 (serial number 777) auction, it shall be necessary to register as a bidder. Registration shall be free of charge and effected by creating a bidder account. Those registering as a bidder and participating in auctions thereby accept these General Terms and Conditions. You can save these T&Cs on your computer and/or print them out. By registering, the bidder shall create a contractual relationship between him/herself and ULTRASONE AG concerning the use of the platform (“Usage Contract”). There shall be no entitlement to the conclusion of a Usage Contract.
2.2 The details required as part of the registration process must be provided fully and truthfully. ULTRASONE AG may prevent a bidder from using the platform by suspending his or her bidder account, even without prior notice or warning, if he or she has provided incomplete or false information (particularly a false or invalid email address), or if there is another significant reason (cf. § 7).
2.3 In the event that information provided as part of the registration process changes, the bidder shall be required to update this information promptly through his or her bidder account.
2.4 When registering, the bidder shall select a bidder name and a password for his or her bidder account. The bidder shall be responsible for ensuring that his/her chosen bidder name does not infringe the rights of third parties, and in particular does not breach the brand and naming rights of any third parties. The bidder name may not consist of an email or Internet address. If ULTRASONE AG ascertains that a bidder name violates these regulations, it shall be permitted to suspend the bidder name. In this case, ULTRASONE AG shall ask the bidder via email to select a new bidder name and provide this to ULTRASONE AG. ULTRASONE AG shall then change the bidder name accordingly and reactivate the bidder account.
2.5 Bidders shall be required to keep their password secret and ensure the security of their bidder account login details. Should the bidder become aware that his/her bidder account may have been misused by unauthorised third parties, the bidder shall be required to inform ULTRASONE AG immediately.
2.6 Fundamentally, bidders shall be liable for all activities carried out using their bidder account; however, the bidder shall not be responsible for the misuse of his/her bidder account if he/she has exercised due diligence as mentioned above.
2.7 Minors shall not be permitted to take part. Bidder accounts shall be non-transferable. Bidders shall not be permitted to have more than one bidder account.
§ 3 Use of the platform
3.1 ULTRASONE AG shall provide bidders with the platform, along with all the functions described in these General Terms and Conditions, free of charge.
3.2 After registration, bidders shall have the right to use the platform only within the regulatory boundaries of these General Terms and Conditions, and subject to availability. ULTRASONE AG shall be permitted to temporarily limit the use of or close the platform, in particular when the Tribute 7 (serial number 777) auction has ended successfully.
3.3 Bidders may cancel the Usage Contract at any time. Email notification to email@example.com shall be sufficient to cancel the Usage Contract. Cancellation shall have no influence on current auctions in which the bidder is participating at the time of cancellation.
3.4 ULTRASONE AG shall be permitted to cancel the Usage Contract at any time with a notice period of 14 days. This shall not affect ULTRASONE AG’s right to suspend a bidder account according to 2.2 of these General Terms and Conditions.
§ 4 Scope of offer, auction process, conclusion of contract, notification and payment
4.1 A charity auction lasting 77 days shall begin on this ULTRASONE AG platform on 7 July 2016 at 12:00 CET. A set of Tribute 7 headphones with the serial number 777 shall be auctioned off. The ULTRASONE Tribute 7 headphones are a limited edition, with only 777 produced. The serial number 777 shall only be auctioned once. The starting price shall be €3,000, and the auction shall take place over 77 days (end date: 22 September 2016 at 18:00 CET).
4.2 A bidder shall be considered to have made use of the ULTRASONE AG platform by placing a bid using the bid function. If, in placing the bid, the bidder becomes the current highest bidder, he/she shall receive a confirmation email to that effect. A bid shall expire if another bidder places a higher bid for the item during the offer period. Each bidder may provide a maximum bid for an auction. The maximum bid shall represent the highest price that the bidder is willing to pay for the item. The maximum bid shall be hidden from other bidders. Should other bidders bid on the item, the current bid shall be increased automatically so that the bidder remains the highest bidder until his or her maximum bid is exceeded by another bidder. The auction shall close definitively on 22 September at 18:00 CET. At the end of the auction period, a contract for the purchase of the Tribute 7s with the serial number 777 shall be created between ULTRASONE AG and the highest bidder (the “successful bidder”). For the purposes of determining the end of the auction period, the platform’s system time shall be definitive.
4.3 Should the highest bid at the end of the auction period be untenable for legal reasons, a contract shall be created with the bidder who made the highest tenable bid.
4.4 Should a contract be concluded between ULTRASONE AG and the successful bidder, he/she shall receive a notification email from ULTRASONE AG containing all information relevant to the auction, to the email address he/she provided.
4.5 The ULTRASONE Tribute 7 headphones (serial number 777) auction price shall be understood to be the final price. The final price shall also include any relevant global posting and delivery costs, except where the offer makes provisions to the contrary. For deliveries abroad, the successful bidder shall be responsible for any relevant customs costs, as well as any taxes payable in the recipient’s country. Any claims for defects must be made directly with ULTRASONE AG.
4.6 Purchasers may only retract bids if they have good reason. After a valid bid retraction, no contract shall be created between the seller and the user who, at the end of the auction offer period, is the highest bidder again because of the bid retraction.
§ 5 Payment
Payment for the purchase of the ULTRASONE Tribute 7 headphones with the serial number 777 equal to the highest bidder’s bid shall be payable from the time the successful bidder receives the notification email about their successful bid. Payment shall be made by direct bank transfer to ULTRASONE AG’s account with the Merkur Bank in Munich, IBAN: DE317013 0800 0001 0001357 and BIC: GENODEF1M06 with the reference: “Tribute 7 auction”. The successful bidder shall also receive all relevant payment information in the email notifying him/ of the successful outcome of the auction.
§ 6 System integrity and platform disruption
6.1 Bidders shall be forbidden from using any aids in connection with their use of the platform that could reduce the platform’s functionality. In particular, bidders shall not be permitted to use automated data processing software to make bids (e.g. “sniper software”).
6.2 Bidders shall also be forbidden from blocking, overwriting or changing content, or accessing the platform and/or its contents, outside the regular auction process.
6.3 Bidders shall not be permitted to copy, distribute, use in any other way or reproduce platform content without the prior permission of the relevant rights holder, except for personal use in the context of participating in the auction.
6.4 If bidders require data and information stored and accessible on the platform for purposes of preservation of evidence or accounting, etc., this shall be stored on a data storage device separate from the platform.
§ 7 Sanctions, suspension and deletion of account
7.1 Should a bidder violate the provisions of these General Terms and Conditions, ULTRASONE AG shall be permitted to implement measures considered necessary according to the severity of the violation. In particular, these shall include a warning to comply with the provisions, and the temporary or permanent suspension or deletion of the bidder account.
7.2 ULTRASONE AG’s right to cancel the contract immediately with good reason, and the bidder’s right to claim for damages, shall be unaffected by the above rights.
§ 8 Data protection
8.1 ULTRASONE AG shall save and process the data provided by the bidder during registration, and data provided as part of the bidder’s use of the platform, for the purpose of contract execution and processing. Only those data required for the execution of the Usage Contract and the “Tribute 7” auction shall be processed. ULTRASONE AG shall observe all legal obligations regarding protection of the bidder’s data during data processing. Other details are available in the
8.2 Should the one-time auction of the Tribute 7 headphones (serial number 777) be the subject of an event of public interest, for which there may be media coverage, the bidder shall agree to the use of relevant reports and images by ULTRASONE AG. In this event the right to remuneration shall not apply. ULTRASONE AG shall be exclusively permitted to publish relevant reports and images related to the platform and the promotion of the platform without restriction on content, time or location. The bidder shall consent that he or she has not conceded rights to any third party that could contradict the concession of relevant rights to ULTRASONE AG.
§ 9 Liability of ULTRASONE AG to bidders and successful bidders
9.1 ULTRASONE AG shall be liable for the intent and gross negligence of ULTRASONE AG, its legal representatives, executive employees or other vicarious agents, according to its legal obligations. The same shall be valid in the case of a transfer of guarantees or another liability without fault, as well as for claims made in accordance with the product liability law, or in the case of a culpable injury to life, body or health. ULTRASONE AG shall be liable on the merit of the claim for negligent violations of material contractual obligations by ULTRASONE AG, its representatives, executive employees and individual vicarious agents, i.e. those obligations that the user would and could normally expect to be fulfilled during the execution of the contract. These shall be limited according to the value to the typically occurring foreseeable damages.
9.2 ULTRASONE AG shall be exempt from any further liability.
9.3 Insofar as ULTRASONE AG is exempt from liability or its liability is limited, this shall also apply for the benefit of personal liability to its legal representatives, executive employees and individual vicarious agents.
§ 10 Final provisions
10.1 This contract shall be governed by German law. The place of jurisdiction shall be Starnberg.
10.2 ULTRASONE AG shall reserve the right to change these General Terms and Conditions at any time with future effect if the change appears appropriate, taking into consideration the interests of bidders. In this case, ULTRASONE AG shall inform bidders of the changes to the General Terms and Conditions by email at least four weeks before they come into effect. The changed General Terms and Conditions shall be considered accepted if a bidder does not object within four weeks of receipt of this email. ULTRASONE AG shall be required to explicitly inform bidders of the legal consequences, and in particular of the importance of this notice period, in the email used to inform bidders of the changed General Terms and Conditions.
Instructions for withdrawal from the contract
Right of withdrawal
All bids in the Tribute 7 (serial number 777) auction by Ultrasone AG shall be legally binding. If you win the auction, you shall be subject to legal obligations. Therefore, please think carefully before you make your bid.
You may withdraw from the contract in writing (e.g. letter, fax or email) within fourteen days without giving any reason or – if the item has been delivered before expiry of said term – by returning the item. The grace period shall begin after receipt of these written instructions for withdrawal. The withdrawal deadline shall be deemed to have been met if the notice of withdrawal or the item was sent in a timely fashion. The notice of withdrawal must be addressed to:
Gut Raucherberg 3
82407 Wielenbach, Germany
Fax: +49 (0) 881 901150 - 50
Consequences of withdrawal
In case of an effective withdrawal, both parties shall return the received goods, payments and all other derived benefits (e.g. interest). In case you are unable to return any or all of the received goods and benefits or in case you return them in a diminished state, you shall compensate us for the lost value. Compensation must only be paid for the diminished state of the items if the items have been diminished in a way that goes beyond the scope of testing the properties and functions. “Testing properties and functions” refers to the way a customer may test and evaluate the relevant goods in a store. Objects suitable for shipment shall be returned at our own expense and risk. Objects not suitable for shipment by parcel post shall be picked up at your premises. The obligation to return received payments shall be fulfilled within 30 days. For you, the grace period shall start with the date your withdrawal is sent or the object is returned.