Terms & Conditions (T&Cs)

1. Scope

These Terms & Conditions govern the use of the online auction platform ComAuction operating at comauction.com (hereinafter: the “Platform”). The Platform is operated by [Insert full legal entity name], [Insert registered address] (hereinafter: the “Platform Operator” or “ComAuction”).

The Platform enables registered users (“Sellers” and “Buyers”) to list and purchase goods via online auctions. Diverging terms apply only if expressly agreed in writing by the Platform Operator.

2. Role of the Platform Operator

ComAuction provides the technical infrastructure enabling private and business Sellers to list items and Buyers to place bids. ComAuction is not a party to the sale contracts concluded via the Platform; contracts are formed exclusively between the respective Seller and Buyer.

The Platform Operator assumes no responsibility for performance, quality, legality, payment processing, shipping, or delivery under such contracts.

3. Registration and Accounts

• Use of the Platform requires registration; only adults with full legal capacity may register.
• Information provided must be truthful and up to date; changes must be updated in the account without delay.
• Users must keep their login credentials confidential and secure against unauthorised use.
• The Platform Operator may suspend or terminate accounts in case of T&C violations, abuse, or suspected fraud.

4. Use of the Platform & Listings

• Sellers are solely responsible for their listings. Descriptions must be accurate, complete, and not misleading; third-party rights must be respected.
• Unlawful content and prohibited items must not be listed (e.g., counterfeits, IP-infringing goods, regulated goods where not legally permitted).
• Business Sellers must comply with applicable information duties (e.g., legal notice, withdrawal information, VAT statements).
• ComAuction may review, deactivate, or remove listings that violate laws, third-party rights, or these T&Cs.

5. Fees

• The platform fee becomes due upon award of the auction and must be paid by the Buyer within the stated period.
• If the platform fee remains unpaid, the Platform Operator may restrict/suspend the account and recover outstanding amounts.
• Refunds of platform fees are only granted if an auction could not be properly conducted due to a technical fault attributable to the Platform.

6. Bidding and Formation of Contract

• Bids are binding. When the auction ends and your bid is highest, a sale contract is formed between Buyer and Seller.
• The Buyer must pay the purchase price to the Seller and the platform fee to the Platform Operator within the specified time frames.
• The Seller must deliver the item as described.
• Bid withdrawals are only possible in narrowly defined exceptional cases (e.g., obvious input error, unlawful listing) and subject to review by the Platform Operator.

7. Payment and Payment Service Providers

Payment of the purchase price is made directly between Buyer and Seller via a third-party payment service provider accepted by the Seller (e.g., PayPal, Stripe, Mollie). ComAuction is not a party to such payment agreements and assumes no liability for payment services or disruptions.

Payment of the platform fee to ComAuction is processed via the payment methods offered on the Platform. Any charges by payment providers may apply in addition.

8. Right of Withdrawal, Returns & Warranty

• Business Sellers: Consumers generally enjoy a minimum 14-day right of withdrawal under applicable consumer distance-selling laws (unless a statutory exception applies). Business Sellers must provide compliant withdrawal information.
• Private Sellers: No statutory right of withdrawal applies, unless granted voluntarily by the private Seller.
• Withdrawal declarations must be addressed directly to the Seller. The Platform Operator is not the recipient of such declarations.
• Statutory warranty/guarantee claims exist against the Seller according to applicable law.

9. Reviews

• After transactions, Buyers and Sellers may leave reviews.
• Reviews must be factual, truthful, and free from insults; unlawful reviews may be removed by the Platform Operator.
• Manipulation of the review system is prohibited.

10. Liability of the Platform Operator

• ComAuction is liable for damages only in cases of intent or gross negligence. In cases of slight negligence, liability exists only for breaches of essential contractual duties; in such cases, liability is limited to typical, foreseeable damages.
• No liability for: accuracy/completeness of listings or user data, performance of contracts between users, delivery delays/failures, payment delays/failures, transport damage, third-party compatibilities, outages of external payment services.
• No guarantee for uninterrupted or error-free availability of the Platform; maintenance may lead to temporary restrictions.

11. Data Protection

Processing of personal data is subject to ComAuction’s Privacy Policy. Data will only be processed within the limits of applicable law and—where necessary for performance—shared with involved service providers.

12. Term, Termination, Suspension

• Users may delete their accounts at any time.
• The Platform Operator may suspend or terminate accounts in case of legal/T&C violations, unpaid fees, or abuse.
• Existing payment obligations (in particular platform fees) remain unaffected by termination.

13. Changes to these T&Cs

ComAuction may amend these T&Cs with effect for the future. Registered users will be informed of material changes in due time. Continued use of the Platform after changes take effect constitutes acceptance of the amended T&Cs.

14. Governing Law and Jurisdiction

• These T&Cs are governed by [Insert governing law, e.g., the laws of Austria / Germany / England & Wales / your state], excluding conflict-of-laws rules and the UN Sales Convention (CISG).
• Exclusive jurisdiction—where legally permissible—shall be [Insert venue, e.g., Graz / Vienna / London].
• Mandatory consumer protection rules of the consumer’s residence remain unaffected.

15. Severability

If any provision of these T&Cs is or becomes invalid, the remaining provisions shall remain in force. The invalid provision shall be replaced by a valid one that most closely reflects the economic intent.