General Terms and Conditions

§ 1 Scope

(1) These General Terms and Conditions of Business (hereinafter referred to as GTC) apply for all contracts concluded with the company Supreme NewMedia (hereinafter referred to as Supreme), for software products as well as their deliveries and services by Supreme NewMedia and for the use of these software products including setting up a prepaid account, and the creation of an own Shop website. You may not use this service if you are under the age of 18 or you are not able to form legally binding contracts, or if your Supreme membership has been suspended.

(2) These GTC apply exclusively; Customers’ terms that are contrary to, or differing from those in the GTC are not accepted by Supreme, unless Supreme has expressly agreed to their applicability in writing. These GTC also apply when Supreme provides the service, without reservation, in the knowledge of the terms contrary to or differing from these GTC. Moreover, the GTC also apply if the Customer uses the Supreme website services, not from www.supreme-auction.com, but from other websites.

(3) For businesses, these GTC also apply for all future business, in the valid version current at the time of closing the contract.

§ 2 Subject matter of the contract

1) Object of the contract and the GTC is the usage of the online services and other services of Supreme.

Among other things, Supreme provides the customer with an extensive service that enables the creation, design, and administration of complete product presentations or individual eCommerce-modules (so-called widgets) and is made for an automatic respectively manual entry and display of the same on different websites, among others on eBay. Beyond that Supreme supports the customer with automatic customer communication and an own shop system.

§ 3 Offer (registration) and conclusion of contract

(1) The registration is completely free and SSL secure. The Customer places his offer by filling out the new registration form. The data required for the registration is to be given fully and correctly. In addition, a password must be given that must be kept secret by the Customer. We expressly point out that the password should differ from the chosen eBay password. Supreme has no liability if these safety instructions are not observed. Supreme will not pass on the Supreme password to third parties without the Customer’s agreement/assent. With regard to data protection, we refer to § 7 these GTC and to the data protection declaration. Supreme retrieves the user’s personal information from the eBay website within the scope of the registration and uses this data for internal purposes. In doing so, the eBay password and the bank details deposited at eBay are not retrieved, transferred or stored. In addition, it is not possible for Supreme to gain access to the password through the eBay interface.

(2) Registration is not permitted for minors and other persons who are not fully contractually capable.

(3) Supreme is entitled to accept this Customer’s offer, within two weeks, by providing the auction services and by taking up the order. The Customer’s offer can be declined without reason.

(4) The acceptance of the registration generates a membership that is completely free of charge.

(5) The customer is offered different automatic functions in the course of the registration process. These are also completely free of charge and can be deactivated in the course of the registration process or later over the Supreme Software. You can find further information about this in our support area under the following domain:

www.supreme-auction.com/support

§ 4 License acquisition and charges

(1) Upon closure of the contract, the Customer receives the, non-transferable and non-exclusive, right to use Supreme’s software and services to create and enter items for sale in the signalized auction platforms, for the duration of the contract. The Customer’s entitlement to use the Supreme platform and its functions only exists within the scope of the current state-of-the-art. Temporary restrictions may arise through technical disturbances such as power cuts, hardware and software faults, updates etc. Supreme retains the right to temporarily restrict its services, if necessary, with regard to capacity limits, server security and integrity, or to carry out technical measures furthering the orderly or improved provision of services. In these cases, Supreme will consider their Customers’ justifiable interests.

There are regular maintenance times for carrying out work on the system. During these times, the Internet offer is not available. The server provided by Supreme will have an availability of 95 % (based on the eBay availability). The Customer is aware that short-term unavailability of the server may occur, in the case of updates, viruses and other events. Supreme will normally carry out maintenance work Fridays from 10:00 to 12:00 (CET).

(2) In general, the usage of the software with all functions advertised as free of charge is not subject to payment.

(3) Some products contain premium functions whose use is subject to a fee.

The current pricelist for the use of the premium features is available in the terms and conditions and within the respective service at any times.

Depending on the service selected, Supreme’s license fees for the usage of the premium features can be settled with a prepaid account created when registering, or all-inclusive with a Supreme flatrate offer. eBay charges are always extra and must be paid in the usual way directly to eBay.

(4) With the registration at Supreme, a prepaid account will automatically be created. The prepaid account can be credited actively by the Customer. AT NO TIME WILL Supreme DEBIT SUMS FROM THIS ACCOUNT, WITHOUT THE CUSTOMER’S KNOWLEDGE AND CONFIRMATION. The prepaid account enables the Customer to utilize the Supreme services as available, within the scope of the contract, using an amount paid in advance (credit). This is possible if and as long as the payment for the utilization of this service can be settled with the respective remaining credit. The prepaid account is usable merely for the duration of the contract.

(5) Entitlement to cash refunds for the paid-in credits expires after three months. Supreme’s services can be utilized, however, to the amount of the remaining credit, beyond this time limit. A processing charge of £/$ 15 is made for cash refunds.

Credits acquired by a voucher may expire earlier. Please pay attention to the respective voucher details.

Rebates, special or voucher actions promised by Supreme relate solely to services of Supreme NewMedia and under no circumstances to services from eBay. Vouchers, rebates and other free or reduced rate credits, are excluded from refunding.

(6) Different flatrates can also be booked instead of prepaid tariffs. You can read the respective tariff details in our conditions of use. The membership subject to payment can be cancelled within the first 2 weeks of the offer period according to § 12.

The cancellation of a flatrate is carried out online and exclusively using the intended forms (see conditions of use), or in writing by mail

Supreme NewMedia GmbH,
Belvedereallee 5,
52070 Aachen.

Cancellation by other means, among others, per email or using the contact forms on the Supreme homepage are not admissible. In case of a successful cancellation the customer will receive a confirmation per email. After expiration of the cancellation term the membership is extended by the respective contract duration. The right to cancellation in § 12 of these GTC is respectively valid.

For technical and accounting reasons, previously booked prepaid credits cannot be offset against a flatrate. The same applies to redeemed prepaid vouchers. Offsetting or transfer of different flatrate tariffs is also not possible.

(6a) Usage fees for the subscribed packet are due in advance for the contractually agreed period. If direct debiting permission is granted, the amount will be debited from the account, from the credit card or from another method of payment chosen by the Customer. Supreme reserves the right to store the bank account details, credit card information or information for other methods of payment, encrypted and solely for checking delays in payment. The Customer receives a receipt by email. The customer receives an invoice with declared VAT per email.

(7) Supreme offers the Customer free services. These may be fully used – as long as no further chargeable services are chosen – entirely free of charge in accordance with the GTC, without booking a flatrate or having prepaid credits. You will test this function thoroughly before you use it for your purposes. Considering the fact that the provider makes these features available free of charge, the customer’s claims because of faults and the provider’s liability in the event of simple negligence are excluded, with the exception of liability for bodily injury. In no event shall the provider be liable for indirect damages or lost profits.

(8) If the Customer is in arrears, the statutory regulations apply.

(9) The Customer only entitled to set off his own claims if the claim is supported by legal findings, ready for a decision, or uncontested by Supreme. Furthermore, he is only entitled to exercise a right of retention if his claims are based on the same contractual relationship.

(10) The fees of third parties are always to be paid separately and by common means directly to the respective market place (e.g. eBay). Calculations of eBay charges shown in the software are exemplary. Supreme takes care to keep the respective data up-to-date, however we take no responsibility for the accuracy of these and any calculations resulting from them. Not all versions of the software contain a cost calculator resp. a fee display.

§ 5 Copyright

(1) Supreme saves the images, videos, audio files, texts, and other information for the user resp. only mediates the access. The user is only responsible for the content he placed on Supreme.

The user guarantees Supreme that he is in possession of the content he published or is otherwise authorized to grant the licence defined in this section and that the publication of the content via Supreme does not violate data protection rights, utilization rights, copyrights, contract rights or other rights of any persons. The contract partner agrees to pay any fees and other charges that he owes an owner of rights due to the publication.

(2) Supreme or third parties has/have protective rights for the programs and the software. As far as third party rights exist, Supreme owns appropriate usage rights. Supreme’s software contains copyright protected material as well as company secrets which are not permitted to be passed on to third parties. It is not permitted to uncompile the software or to convert it in other ways to a generally readable form, except within the statutory limits of § 69 e of the copyright laws. It is equally forbidden to change, adjust, compile or produce software, wholly or partly, or products derived from the software. This forbiddance also covers leasing, lending or renting the software. The copyright protects, in particular, the visual representation of the software, the program code, and the structural organization of the program files, the program identification, logos and other representations within the software as well as the documentation belonging to the program. The limitations for copying, using, passing on, changing or reproducing the contents of the software are set with these contractual terms. All further uses require Supreme’s express permission.

(3) The layout of the website and these GTC may only be copied and/or used on other websites after obtaining Supreme’s permission in writing.

§ 6 Rights of use

The user assigns Supreme a free of charge, non-exclusive, revocable, unlimited by call-up amount, sub-licensable and spatially unlimited rights of usage to the content transferred from the user to Supreme with the uploading of content. The right of usage especially includes the right to make the content accessible to the public wire-connected or wireless in a way that it is accessible to the members of the public of locations and at times of their choice, including the playback on optional receiving units that enable online access. This also includes the reproduction, distribution, transmit, public playback, publication, or other comparable usage of the transferred content. The user can execute his right to cancellation anytime by deleting his membership.

§ 7 Data protection

Supreme points out to the Customer that, in close compliance with the requirements of the respectively applying statutory provisions, Supreme collects, processes and uses personal data and passes this on to third parties (e.g. a company providing support or a shipping service). This, however, is only done as far as is necessary to fulfill the contractual relationship, the orderly provision of the services as well for accounting or other purposes, which may also be legally allowed. The data protection declaration gives Information about type, extent and purpose of this collection, processing and usage of personal data, by Supreme, necessary for carrying out the contract as well as for registration to the email service. The data protection declaration is available at the Supreme NewMedia website at any time.

§ 8 Customer’s obligations and liabilities

(1) The customer must enter texts, pictures and his data, required for the auction, into the system himself.

This content is available to the customer for further processing and usage by the customer up to 60 days after creation.  Longer saving periods are partially included in premium tariffs.

(2) The Customer is liable, while excluding liability for Supreme, for all contents and information that he enters in particular for information regarding his item.

(3) The Customer bears the exclusive responsibility for using Supreme in compliance with all national and international laws and regulations. He pledges himself, in particular, not to use Supreme for the distribution of contents violating prevailing laws for the protection of minors, penal provisions or moral values. He is responsible for all processes made under his log-in.

(4) The Customer pledges himself to check his log-in data at each usage and to amend the user data if this has changed.

(5) Processing auctions offered with fraudulent intentions is forbidden. Supreme will hold the Customer liable for any claims for compensation.

(6) The Customer is liable for Supreme’s claims for compensation, for each violation against the commitments named in paragraphs 1 to 5.

(7) The Customer indemnifies Supreme in internal and external relationships from any third party claims.

§ 9 System integrity

(1) The Customer has no right to use mechanisms, software or other scripts in connection with the usage of Supreme’s website that could cause the website to malfunction. The Customer may not take any measures that could result in an unacceptable or extreme burden for the Supreme infrastructure. Furthermore, the Customer is not permitted to block contents, to overwrite or to modify, or to interfere with the service in any other way.

(2) Supreme contents may not be copied or distributed, nor may they be used in other ways or reproduced without obtaining the owner’s previous permission. This also applies for copying using “Robot/Crawler” search engine technology or with other automatic mechanisms.

(3) Fundamentally: If subsequent changes to the offer’s source codes are made within eBay, then all rights of guarantee cease to apply.

(4) Supreme services may not be automatically driven or extracted. This applies in particularly for registrations and the listing process.

§ 10 Liability

(1) Supreme is not liable and assumes no guarantee for their customers’ price and product details. Additionally, Supreme takes no liability for the sales process on market places or on the Supreme platform. Furthermore, Supreme is not liable for a possible loss of data.

(2) Supreme does not offer any sales objects on eBay or another Internet platform in the name of the customer. Thus, Supreme is also not liable for performance interruptions or faults within the contractual relationship between the involved parties. Beyond that Supreme is not liable for other performance interruptions and legal actions beyond that that are performed on the platforms in any way. Supreme is not involved in contract relationships of the customer in any way.

(3) The Customer can demand supplementary performance should cardinal obligations be violated or in the event of faults. In this case, Supreme is entitled to choose between elimination of the fault and providing a faultless contractual item. Supreme is obliged to bear all expenses necessary for the purpose of eliminating the fault. If the attempt to provide supplementary performance fails twice, the following terms apply.

(4) With regard to companies, Supreme is liable for damages only when caused by a violation of cardinal obligations and, furthermore, if and as far as, Supreme, its legal representatives or vicarious agents are charged with intent or gross negligence. Apart from intent and gross negligence, no liability exists for the compensation of indirect damages, in particular for lost profits. Incidentally, the liability is limited to typical damages foreseeable at conclusion of contract, unless it is a case of intent or gross negligence.

(5) With regard to consumers, Supreme is liable only for intent or gross negligence. However, Supreme is liable for each culpable conduct, in the case of a violation of cardinal obligations or delayed performance or in the event, that Supreme is unable to provide the services, through its own fault. Apart from intent or gross negligence, by legal representatives, employees and other vicarious agents, Supreme’s liability is limited to the amount of foreseeable, typical damages as at conclusion of contract.

(6) The above-mentioned exclusions of liability and limitation, with regard to companies or consumers, do not apply if Supreme takes over explicit guarantees and for claims arising out of death, injury to body or health, as well as in the case of compulsory statutory provisions.

(7) The Customer indemnifies Supreme from all claims made by third parties against Supreme because of injury caused by the offers and contents created by the Customer. In this case, he must also bear the costs of legal defense.

§ 11 Duration of the contract and termination

(1) The contract begins with its conclusion and is of unlimited duration.

(2) Both parties have the right to cancel with prior notice of 1 month.

(3) The right to cancellation without notice for an important reason remains untouched. An important reason is given specifically when
- the company terminates its activity;
- a contract partner violates legal prohibitions;
- there is a basic change of the legal and technical standards in the Internet or the eBay platform that makes it unreasonable for Supreme to continue to provide the services;
- an essential contract obligation is violated;
- insolvency proceedings concerning the assets of the contract partner are opened.

(4) Upon termination of the contract, the Customer’s data stored by Supreme on its server will be deleted or locked according to Supreme’s judgment, as soon as this is no longer required for processing the contract. The Customer will be informed about this only upon request.

(5) As far the Customer is provided with programs to enable the contractual program to be carried out, then this is done only for the purpose of fulfilling the existing contract. The Customer must delete the programs upon termination of the contract and may not pass on the programs to third parties.

(6) For customers who have become conspicuous, due to their business conduct, in such a way as that damage could be caused to Supreme and its reputation, who have violated these GTC or prevailing laws, who have incorrect log-in data or who have abused Supreme’s services, Supreme is entitled to block the log-in until the underlying events are finally clarified and to then delete it where appropriate.  In this case, the Customer is not entitled to continue to use Supreme’s services.

(7) Termination of the membership: Supreme’ simple membership does not incur any costs. The membership can be terminated by post (Supreme NewMedia, Belvedereallee 5, 52070 Aachen, Germany).

§ 12 Right to revoke

If the Customer is a consumer, he can revoke the contract, including these GTC according to § 312 d BGB (German civil code) within 2 weeks of handing over the agreement declaration. The revocation must be sent in writing to

Supreme NewMedia GmbH
Belvedereallee 5 52070 Aachen

or by Fax to +49 (0) 3222-9964491 (14 cents/min from the fixed network; calls made from outside Germany may be charged differently ).

If the revocation is declared in time, the Customer is not bound by the usage agreement or by the agreement declaration to these GTC. The right to revoke ceases, however, as soon as the Customer accesses Supreme’s database and software and he has been granted the desired license or usage.

§ 13 Final clause

(1) If the Customer is a business, the license contract, including these GTC, is governed by the material laws of the Federal Republic of Germany, excluding the UN purchase act (CISG). If the Customer is a consumer, the laws of the Federal Republic of Germany govern the licenselicense contract and the GTC, as far as no compulsory statutory provisions, in particular the consumer protection provisions oppose this.

(2) For businesses, the exclusive place of jurisdiction for all disputes arising from the contract shall be Aachen, Germany.

(3) All explanations from Supreme may be brought to the contractual partner using electronic means. This also applies to billing within the scope of the contractual relationship.

(4) All agreements made between Supreme and the Customer for executing this contract are laid down in writing in this contract.

(5) If one or more clauses of these general terms and conditions become invalid, this does not affect the validity of the other clauses. The contractual partners are committed to replace the invalid provision by one, which comes as close as possible to the invalid provision in terms of its commercial meaning. This also applies for possible gaps in the conditions.

(6) Supreme is entitled to change these GTC at any time, without giving a reason. In the event of a change, they will be made available to customers, by email, at least two weeks before the change takes effect. They become valid if the Customer does not contradict them within two weeks of receiving the email. Supreme pledges itself to especially point out to the Customer the meaning intended by this course, at the beginning of this period.

State 01.01.2010