General Terms and Conditions
of SUPER FLEA MARKET 23 GmbH

1

Applicability

The business relationship (including all transactions concluded on the Online Shop) between SFM and the Customer shall be governed exclusively by these GTC in the version applicable at the time of ordering a Piece.

2

Customer Account

2.1

The Customer can order Pieces that are offered at a fixed price in the Online Shop either as a guest or a registered customer. Pieces offered in auctions in the Online Shop can only be purchased by registered customers.

2.2

Upon registration, a customer account is created, and the personal data entered by the Customer (e.g., name, address, email address, payment info) is stored for future orders and tracking of order status. The Customer chooses a password for its customer account. To activate the customer account, the Customer needs to confirm access to the specified email address by clicking on the activation link sent to that email address. The Customer can log in to its customer account using its chosen login details (email address and password).

2.3

Only Customers of legal age are allowed to create a customer account. The personal data requested during registration must be complete and correct. If the personal data provided changes after registration, the Customer is obliged to update the details in its customer account immediately.

2.4

The Customer must keep its password secret and carefully secure access to its account. The Customer is obliged to inform SFM immediately if there are indications that its customer account has been misused by a third party.

2.5

SFM may suspend or delete a customer account if the Customer has violated its obligations under sections 2.3 and 2.4. SFM will inform the Customer before suspending or deleting the customer account.

2.6

Registration alone does not constitute any obligation of the Customer to purchase Pieces offered by SFM in the Online Shop.

2.7

If the Customer has placed a bid on a Piece offered in an auction, the Customer can access its bidding history in its customer account.

3

Conclusion of Contracts at Fixed Price Sales

3.1

The display of a Piece that is offered for a fixed price in SFM’s Online Shop does not constitute a legally binding offer by SFM. It is simply a means of inviting the Customer to submit binding offers for Pieces (invitatio ad offerendum).

3.2

The Customer can submit offers for such a Piece using the online order form integrated in the Online Shop. After adding the chosen Piece to the virtual shopping bag and completing the electronic ordering process, the Customer places a legally binding offer to purchase the Pieces in the virtual shopping bag by clicking the “PAY NOW” button. This action, followed by confirming the payment through the chosen payment service provider, concludes the ordering process. Before submitting such a binding offer, the Customer can edit its input and review its input in an order summary.

3.3

SFM confirms receipt of the order in text form. This order confirmation also serves as an acceptance of the Customer’s offer, thereby concluding the purchase contract. For the conclusion of the contract the time of receipt of SFM’s order confirmation by the Customer shall be decisive. If SFM does not accept the Customer’s offer, this shall be deemed a rejection of the offer. The Customer shall then no longer be bound by its offer.

3.4

When the Customer submits an offer through SFM‘s online order form, SFM stores the contract text (encompassing Customer’s offer, these GTC and SFM’s order confirmation) and later sends it to the Customer in text form (by email), if SFM accepts Customer’s offer. In addition, the contract text is stored in the customer account when the Customer registers before placing the order. The Customer can view the contract text for free within its customer account.

3.5

In general, order processing and contacting the Customer are automated and conducted via email. The Customer must ensure that the email address provided for order processing is correct and that the Customer is able to receive emails from SFM at this address (especially when using spam filters).

3.6

Contracts are concluded exclusively in English.

4

Conclusion of Contract at of Auctions

4.1

By putting up a Piece for auction, SFM submits a legally binding offer to conclude a purchase contract for this Piece. SFM’s offer is subject to the condition precedent that the set minimum price is reached.

4.2

SFM determines a minimum price and the duration of the auction (“Auction Period”) prior to its start. Bidding by Customers is restricted to the Auction Period.

4.3

SFM determines a minimum price and the duration of the auction (“Auction Period”) prior to its start. Bidding by Customers is restricted to the Auction Period.

4.4

If SFM prematurely terminates the Auction Period, a contract is concluded between SFM and the highest bidder, unless SFM had a legitimate reason to withdraw its offer and void existing bids. Such legitimate reason shall be deemed to exist if: (a) a Piece is lost without SFM’s fault, or (b) circumstances exist within the Customer’s person that are comparable to circumstances that would lead to the avoidance (Anfechtung) of SFM’s offer or to rescission (Rücktritt) of the contract, or (c) an error (Irrtum) falling under section 119 of the German Civil Code (BGB) exists.

4.5

Customers are only allowed to retract a bid if they have legitimate reason. Such legitimate reason shall be deemed to exist if: (a) the Customer inadvertently entered an incorrect bid amount, or (b) there has been a significant alteration in the product description after the bid was placed.

4.6

An auction according to this section 4 is not an auction within the meaning of sections 156, 312g of the German Civil Code (BGB).

5

Right of Withdrawal

5.1

If the Customer is a consumer (Verbraucher) within the meaning of section 13 BGB, the Customer has a statutory right of withdrawal.

5.2

In the following, SFM provides the Customer who fulfils the criteria of section 5.1 with information about its statutory right of withdrawal and with a model withdrawal form, which the Customer may use when exercising its right of withdrawal:

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us SUPER FLEA MARKET 23 GmbH, Deichstraße 1, 20459 Hamburg, Germany, +49 152 0432 4084, hello@superfleamarket.org, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the in- itial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Model withdrawal form

Complete and return this form only if you wish to withdraw from the contract

- To SUPER FLEA MARKET 23 GmbH, Deichstraße 1, 20459 Hamburg, Germany, hello@superfleamarket.org:
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
- Date

(*) Delete as appropriate.

6

Prices and Payment Terms

6.1

The prices displayed in the Online Shop are total prices inclusive of VAT. In case of a Piece that is put up for auction, this is the price displayed at the end of the Auction Period to the highest bidder.

6.2

Delivery and shipping costs are indicated separately in the respective product description or in the order summary.

6.3

The following payment methods are available to the Customer: credit card, Apple Pay, Google Pay, PayPal, Klarna.

6.4

Payment is due immediately after a contract is concluded. SFM may rescind a contract if SFM does not receive payment in its account within two weeks of conclusion of the respective contract.

7

Retention of Title

Each Piece delivered shall remain the property of SFM until SFM has received full payment.

8

Delivery and Shipping

8.1

SFM uses shipping companies for the delivery of ordered Pieces. An ordered Piece is delivered to the delivery address specified by the Customer during the order process. If the Customer has not specified another address, an ordered Piece is delivered to the address stored on the selected payment method.

8.2

Unless the Customer selects a later delivery date during the order process, SFM shall deliver the Piece within the delivery period specified in the order summary for the respective Piece. To comply with the agreed delivery periods, it is sufficient for SFM to hand over the ordered Piece to the shipping company before the expiry of the period.

8.3

If the transport company returns the shipped Piece to SFM because it was unable to deliver it to the Customer, the Customer shall bear the costs for the unsuccessful shipment. This shall not apply if the Customer exercises its right of withdrawal by refusing acceptance or if the Customer is not responsible for the circumstance that led to the impossibility of delivery.

9

Customs

9.1

If the Customer orders a Piece from SFM for delivery outside the EU, such deliveries may be subject to import duties and taxes, which will be levied once the Piece reaches the specified destination. Any additional charges for customs clearance must be borne by the Customer; SFM has no control over these charges. Customs regulations vary greatly from country to country, so the Customer should contact the local customs authority for more information.

9.2

Cross-border deliveries may be opened and inspected by customs authorities.

10

Donations

SFM donates a portion of the proceeds from the sale of Pieces to Customers to selected NGO projects and/or charitable projects around the world (“Donation Share”). SFM may provide more information on the Donation Share and the NGO and charitable projects in its Online Shop at its sole discretion.

11

Warranty

11.1

If a Piece is defective, the applicable statutory provisions shall apply.

11.2

For Customers who are entrepreneurs (Unternehmer) within the meaning of section 14 of the German Civil Code (BGB), the limitation period for warranty claims for Pieces delivered to such Customers is one year.

11.3

Pieces are only covered by a guarantee if and to the extent such guarantee is explicitly stated in an order confirmation.

12

Limitation of Liability

12.1

SFM is liable for damages caused intentionally or through gross negligence by it, its legal representatives and vicarious agents, as well as in the event of a breach of material duties, the fulfillment of which enables the proper implementation of the contract and upon the fulfillment of which the other party regularly may rely (Kardinalpflichten).

12.2

Otherwise, SFM’s liability is excluded, irrespective of the legal grounds, unless SFM is subject to mandatory liability under statutory law, in particular for damages resulting from injury to life, limb or health of a person, the assumption of an express guaran- tee, fraudulent concealment of a defect or under the German Product Liability Act (ProdHaftG).

12.3

The limitations of liability in the above paragraphs also apply to claims against legal representatives, executives, and vicarious agents of SFM.

13

Data Protection

Information on the processing of Customer’s personal data can be found in SFM’s privacy policy, which is available at superfleamarket.org/Privacy-policy.

14

Miscellaneous

14.1

SFM reserves the right to propose amendments to these GTC to the Customer in text form (e.g., via email) at any time, with a notice period of at least one month before the proposed effective date. Any proposed changes shall only become effective if the Customer consents to the changes as follows:

(a)

For Substantial Changes, SFM will request explicit consent from the Customer. “Substantial Changes” are amendments that significantly modify the previously agreed relationship between performance and consideration to the detriment of the Customer or that would be tantamount to the conclusion of a new contract. Changes due to modified statutory law, legally binding court judgments, or interim injunctions shall not be considered Substantial Changes.

(b)

If a proposed change is not substantial, the Customer’s consent shall be deemed to have been given if the Customer does not reject the change in text form (e.g., via email) to SFM before the proposed effective date. In the case of such changes, SFM shall inform the Customer, along with the notification regarding the proposed changes, about the Customer’s right to reject the change, the deadline for doing so, and the consequences of missing this deadline.

14.2

The laws of the Federal Republic of Germany apply. The application of the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. Mandatory consumer protection laws applicable in the country in which the Customer has its habitual residence remain unaffected.

14.3

If the Customer is a merchant, legal person under public law, or special asset under public law (öffentlich-rechtliches Sondervermögen), place of jurisdiction shall be Hamburg, Germany.

14.4

The European Commission offers an online dispute resolution platform (“ODR Platform”). The ODR Platform is available at https://ec.europa.eu/consumers/odr/.

14.5

SFM does not participate in and is not obliged to participate in dispute resolution proceedings before consumer dispute resolution bodies.