Terms and Conditions

for the sale of internet domains via this website of prexma GmbH, Zeppenheimer Weg 1, 40489 Düsseldorf, Germany (hereinafter "Seller").

§ 1 Scope

(1) These Terms and Conditions apply to all contracts initiated via this website concerning the sale and transfer of internet domains.

(2) The offering is directed exclusively at businesses within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law, or special funds under public law. Contracts with consumers within the meaning of Section 13 BGB are not concluded. By submitting an offer, the bidder confirms that they are acting as a business.

(3) Conflicting or deviating terms of the buyer shall not become part of the contract unless the Seller expressly agrees to their validity in writing.

§ 2 Conclusion of contract

(1) The presentation of domains on this website does not constitute a legally binding offer but a non-binding invitation to submit an offer (invitatio ad offerendum).

(2) By submitting the offer form, the bidder makes an offer to conclude a purchase agreement for the respective domain. The offer is non-binding: the bidder may revoke it at any time until the Seller's declaration of acceptance is received. The Seller is free to accept or decline the offer.

(3) A purchase agreement is concluded when the Seller expressly accepts the offer in text form (e.g., by e-mail) and the offer has not been revoked by that time. The automated confirmation displayed after submitting the form does not constitute acceptance.

(4) If several offers or purchase requests are received for a domain, the Seller is free to choose among them; where several purchase requests at the buy-now price are received, the first one received will regularly be considered. There is no entitlement to acceptance of an offer. Subject to prior sale.

§ 3 Prices and payment

(1) All stated prices and offers are net amounts plus the applicable statutory value-added tax, unless expressly stated otherwise.

(2) After acceptance of the offer, the buyer receives an invoice by e-mail. The purchase price is due for payment without deduction within 14 days of the invoice date, unless otherwise agreed.

§ 4 Transfer of the domain

(1) The domain is transferred after receipt of payment in full. For this purpose, the Seller provides the buyer with the authorization code (auth code) required for the domain transfer or cooperates in the transfer procedure provided by the respective registrar.

(2) The buyer is obliged to cooperate in the transfer, in particular to initiate the transfer with their registrar in due time. Any fees charged by the buyer's registrar shall be borne by the buyer.

(3) The registration and use of the domain after transfer are subject to the terms of the respective registry (e.g., DENIC, ICANN-accredited registrars).

§ 5 Rights to the domain, warranty

(1) The Seller warrants that it is the holder of the domain entitled to dispose of it and that the domain is transferred free of third-party rights, insofar as such rights are known to the Seller.

(2) The Seller does not warrant that the use of the domain for specific purposes is permissible under trademark, naming, or competition law. This assessment is the buyer's responsibility.

§ 6 Liability

(1) The Seller is liable without limitation for intent and gross negligence as well as for injury to life, body, or health.

(2) In cases of slight negligence, the Seller is only liable for the breach of essential contractual obligations (cardinal obligations), limited in amount to the foreseeable damage typical for this type of contract. Any further liability is excluded.

(3) Liability under the German Product Liability Act remains unaffected.

§ 7 No right of withdrawal

As contracts are concluded exclusively with businesses within the meaning of Section 14 BGB, there is no statutory right of withdrawal pursuant to Sections 312g, 355 BGB.

§ 8 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) If the buyer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Düsseldorf, Germany.

(3) Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.