TERMS AND CONDITIONS (T&C)
DOMAIN MARKETPLACE
Effective Date: July 10, 2026
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§ 1 SCOPE AND CONTRACTING PARTIES
(1) These Terms and Conditions (hereinafter "T&C") govern the use of the Domain Marketplace platform (hereinafter "Platform") and all transactions concluded via the Platform between buyers and sellers.
(2) The Platform is operated by [Your Company Name], [Address], [Commercial Register Number] (hereinafter "Operator" or "we").
(3) These T&C apply to all users of the Platform, regardless of whether they act as sellers, buyers, or in both roles.
(4) Deviating, conflicting, or supplementary terms and conditions of the user shall only become part of the contract if and to the extent that we have expressly agreed to their validity in writing.
(5) By registering on the Platform, the user agrees to these T&C.
§ 2 REGISTRATION AND USER ACCOUNT
(1) The use of the Platform for buying or selling domains requires registration and the creation of a user account.
(2) Registration is only permitted for adults with full legal capacity and legal entities.
(3) Complete and truthful information must be provided during registration. The user undertakes to keep their data up to date at all times.
(4) The user is obliged to keep their access data secret and protect it from access by third parties. The Operator must be informed immediately if misuse is suspected.
(5) Only one user account per person or company is permitted. Creating multiple accounts may result in immediate suspension of all accounts.
(6) The Operator reserves the right to reject registrations without giving reasons or to block user accounts, particularly in the event of violations of these T&C.
§ 3 DOMAIN LISTINGS (FOR SELLERS)
(1) Sellers can offer an unlimited number of domains for sale on the Platform.
(2) Prerequisites for a listing:
a) The seller must be the proven owner or authorized representative of the domain
b) The domain must be verified by DNS verification or URL forwarding
c) The domain must not violate applicable law, trademark rights, or third-party rights
d) The domain must not be used or have been used for illegal purposes
(3) The seller can choose between the following sale types:
a) Fixed Price: The domain is offered at a fixed price
b) Make Offer: Buyers can submit offers that the seller can accept or reject
c) Auction: The domain is sold to the highest bidder through auction
(4) For auctions, the seller sets the following parameters:
a) Minimum bid (starting price)
b) Optional Buy Now price
c) Auction duration (minimum 24 hours, maximum 30 days)
d) Optional reserve price
(5) The seller guarantees that:
a) They are the lawful owner of the domain
b) The domain is free from third-party rights
c) There are no legal obstacles to the transfer
d) All information about the domain is truthful
(6) Creating a listing is free of charge. Fees only apply upon successful sale (see § 8).
(7) The seller may withdraw a listing at any time as long as:
a) For Fixed Price/Make Offer: No binding purchase offer has been accepted
b) For Auction: No bids have been received yet
(8) After bids have been received, an auction can only be terminated early for good cause (e.g., legal problems, loss of domain). In this case, bids already placed cannot be binding.
§ 4 BIDS AND OFFERS (FOR BUYERS)
(1) All bids and purchase offers on the Platform are legally binding.
(2) By submitting a bid or offer, the buyer declares:
a) That they are obliged to pay in case of acceptance/award
b) That they have the necessary financial means
c) That they have read and accepted these T&C
(3) For Fixed Price purchases:
a) By clicking "Buy Now," the buyer submits a binding purchase offer
b) The purchase contract is concluded upon confirmation by the seller
c) The buyer is bound by their offer for 48 hours
(4) For negotiations:
a) Buyer's offers are binding for 72 hours
b) The seller can accept, reject, or submit a counteroffer
c) The purchase contract is concluded upon express acceptance
(5) For auctions:
a) Every bid is binding and cannot be withdrawn
b) The highest bidder at auction end is obliged to purchase
c) Bids must be at least the minimum bid or the last highest bid plus minimum increment
d) In case of a tie, the earlier bid receives the award
e) The auction time automatically extends by 5 minutes if a bid is placed in the last 5 minutes (anti-sniping)
(6) The buyer will be informed about successful bids and auction endings by email.
(7) After conclusion of the purchase contract, the buyer is obliged to:
a) Transfer the purchase price to the escrow account within 48 hours
b) Cooperate with the seller regarding domain transfer
c) Confirm receipt after successful transfer
§ 5 PURCHASE CONTRACT AND CONTRACT FORMATION
(1) The purchase contract is concluded directly between buyer and seller. The Operator is not a party to the contract.
(2) The contract is formed:
a) For Fixed Price: Upon acceptance of the purchase offer by the seller
b) For Make Offer: Upon acceptance of an offer by either party
c) For Auction: Automatically at auction end to the highest bidder
(3) Both parties receive a contract confirmation by email with all relevant details.
(4) The seller is obliged to initiate the domain transfer within 7 days after payment receipt in the escrow account.
(5) The buyer is obliged to complete and confirm the transfer within 14 days.
(6) In case of non-performance by either party, the provisions of § 11 apply.
§ 6 ESCROW SERVICE
(1) All payments are processed through the Platform's integrated escrow service.
(2) Payment process:
a) Buyer transfers the purchase price to the escrow account
b) Seller is notified of payment receipt and initiates transfer
c) After successful transfer, the buyer confirms receipt
d) After confirmation, the amount (minus commission) is paid to the seller
(3) The money remains in the escrow account until:
a) Both parties confirm the successful transfer, or
b) 30 days have passed since payment receipt and no complaint exists
(4) In case of disputes, the Operator may withhold payment until clarification.
(5) Accepted payment methods:
a) Credit card (via Stripe)
b) PayPal
c) SEPA bank transfer (for amounts over EUR 10,000)
(6) Refunds occur:
a) Automatically in case of non-delivery by seller within 14 days
b) For justified complaints after review
c) For cancellation before transfer by the Operator
(7) Refunds are processed via the original payment method within 5-10 business days.
§ 7 DOMAIN TRANSFER
(1) The seller is obliged to initiate the domain transfer immediately after payment receipt.
(2) The transfer follows the guidelines of the respective domain registrar (e.g., AuthCode procedure).
(3) The seller must:
a) Provide the AuthCode/EPP code
b) Approve the transfer at the current registrar
c) Provide all necessary transfer information
d) Immediately inform the buyer and Operator of any problems
(4) The buyer must:
a) Request the transfer at the desired registrar
b) Complete all necessary acceptance steps
c) Confirm receipt on the Platform after successful transfer
(5) The average transfer duration is 5-7 days but may vary depending on the registrar.
(6) Transfer costs at the registrar (e.g., fees for .com transfers) are borne by the buyer unless otherwise agreed.
(7) In case of technical problems, Platform support assists both parties.
§ 8 FEES AND COMMISSIONS
(1) Creating domain listings is free of charge.
(2) Upon successful sale, the Operator charges a sales commission of 15% of the sale price (plus applicable VAT).
(3) The commission is automatically deducted from the sale proceeds before payment to the seller.
(4) Calculation example:
Sale price: EUR 10,000
Commission (15%): EUR 1,500
Payout to seller: EUR 8,500
(5) Payment processing fees (e.g., PayPal, Stripe) are additionally borne by the buyer and included in the total price.
(6) Payouts to sellers occur:
a) Exclusively via PayPal
b) Only from a minimum amount of EUR 50
c) Within 3-5 business days after transfer confirmation
(7) No commissions are charged in case of transaction reversal.
§ 9 SELLER'S OBLIGATIONS
(1) The seller guarantees that they are authorized to dispose of the domain.
(2) The seller guarantees that the domain is free from third-party rights, particularly:
a) No trademark infringements exist
b) No domain grabbing facts are met
c) No copyright or name right violations exist
(3) The seller undertakes to:
a) Provide truthful and complete information about the domain
b) Not sell, transfer, or encumber the domain during the sales process
c) Complete the transfer immediately
d) Communicate proactively in case of problems
(4) Particularly prohibited are:
a) Simultaneously offering the same domain on other platforms after contract conclusion
b) False or misleading information about traffic, history, or value
c) Artificial inflation of analytics numbers
(5) The seller is liable for all damages resulting from violations.
§ 10 BUYER'S OBLIGATIONS
(1) The buyer undertakes to only submit bids if they:
a) Are seriously interested in a purchase
b) Have the necessary financial means
c) Are able to complete the transfer
(2) The buyer is obliged to pay the purchase price on time.
(3) The buyer is obliged to actively participate in the transfer process and take necessary steps promptly.
(4) After successful transfer, the buyer is obliged to confirm this on the Platform.
(5) In case of justified defects, the buyer must complain immediately (see § 12).
§ 11 NON-PERFORMANCE AND CONTRACTUAL PENALTIES
(1) If the buyer fails to meet payment obligations:
a) They are first reminded by email (deadline: 48 hours)
b) If payment is not received, the contract is canceled
c) The seller may sell the domain elsewhere
d) The buyer may be blocked from future purchases
e) Repeated non-performance: Permanent ban
(2) If the seller fails to meet transfer obligations:
a) They are first reminded (deadline: 7 days)
b) If no response: Automatic refund to buyer
c) Seller is blocked from future sales
d) Repeated non-performance: Permanent ban
(3) For intentional or grossly negligent non-performance:
a) A contractual penalty of 10% of the purchase price (minimum EUR 100) may be charged
b) Damage claims remain unaffected
c) Permanent ban from the marketplace
(4) For auctions, additionally:
a) If the highest bidder does not pay, the seller may sell to the second-highest bidder
b) The non-paying highest bidder is liable for the difference at a lower price
(5) Repeated violations (more than 2 within 12 months) lead to automatic and permanent ban without notice.
§ 12 WARRANTY AND DEFECTS
(1) Since the purchase contract is concluded directly between buyer and seller, statutory warranty rights apply.
(2) The seller warrants that the domain:
a) Is free from third-party rights
b) Is transferable
c) Corresponds to the information provided
(3) Defects that justify complaints:
a) Domain cannot be transferred
b) Domain is encumbered with third-party rights
c) Essential information (e.g., traffic) was false
d) Domain violates applicable law
(4) For justified defects:
a) The buyer is entitled to a full refund
b) Already transferred domains must be transferred back
c) The sales commission is refunded
(5) Complaints must be made within 14 days after transfer confirmation.
(6) The Operator reserves the right to act as mediator in disputes.
§ 13 LIABILITY
(1) The Operator has unlimited liability:
a) For intent and gross negligence
b) For injury to life, body, or health
c) Under the Product Liability Act
d) Upon assumption of a guarantee
(2) For slightly negligent breach of essential contractual obligations, the Operator is liable:
a) Only for foreseeable, contract-typical damages
b) Limited to a maximum of EUR 10,000 per damage event
(3) Otherwise, liability is excluded.
(4) The Operator is not liable for:
a) Behavior of buyers and sellers
b) Accuracy of domain information
c) Successful domain transfer (technical responsibility lies with registrars)
d) Loss of data or profits
e) Indirect or consequential damages
(5) The Operator merely provides the Platform and is not a party to purchase contracts.
(6) Liability limitations also apply to personal liability of employees, representatives, and vicarious agents.
§ 14 RESPONSIBILITY FOR CONTENT
(1) Users are solely responsible for all content they post.
(2) The Operator does not review listings for legality in advance.
(3) Upon becoming aware of illegal content, it will be removed immediately.
(4) Users undertake not to post content that:
a) Violates applicable law
b) Infringes third-party rights
c) Is pornographic, glorifies violence, or is harmful to minors
d) Is insulting or discriminatory
(5) In case of violations, the Operator may:
a) Delete content without notice
b) Block user accounts
c) Inform law enforcement authorities
(6) Users indemnify the Operator against all third-party claims resulting from illegal content.
§ 15 DATA PROTECTION
(1) The processing of personal data is carried out in accordance with our Privacy Policy.
(2) By registering, the user consents to data processing.
(3) The following data is stored:
a) Registration data (name, email, address)
b) Transaction data (purchases, sales, bids)
c) Payment data (encrypted at payment service providers)
d) Communication data (messages, support requests)
e) Usage data (login, activities)
(4) Data is only used for Platform purposes and not sold to third parties.
(5) For transactions, necessary contact details are passed to the contracting party.
§ 16 AMENDMENTS TO THE T&C
(1) The Operator reserves the right to change these T&C at any time.
(2) Changes will be communicated to users by email at least 30 days before they take effect.
(3) If the user does not object within 30 days, the new T&C are deemed accepted.
(4) In case of objection, the Operator may terminate the user account.
(5) Ongoing transactions are subject to the T&C valid at the time of contract conclusion.
§ 17 TERMINATION AND DELETION
(1) Users can terminate their account at any time without giving reasons.
(2) Termination is done via account settings or by email to support@[domain].
(3) Upon termination:
a) All active listings are deleted
b) Transaction data remains stored for billing purposes
c) Ongoing transactions must be completed
(4) The Operator may terminate accounts for:
a) Serious violations of these T&C
b) Criminal acts
c) Repeated non-performance
d) Platform abuse
(5) Upon termination by the Operator:
a) A warning is first issued (except for serious violations)
b) Ongoing transactions are completed
c) Credit is paid out (if no claims exist)
(6) Personal data is deleted in accordance with statutory retention periods.
§ 18 DISPUTE RESOLUTION
(1) In case of disputes between buyer and seller, support is available for mediation.
(2) The Operator may make a decision in disputes that is binding for both parties, particularly regarding:
a) Release or refund of escrow funds
b) Justification of complaints
c) Responsibility for non-performance
(3) For disputes over EUR 5,000, an independent arbitrator may be consulted (costs borne by the losing party).
(4) The European Commission provides a platform for online dispute resolution (ODR): http://ec.europa.eu/consumers/odr
(5) We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.
§ 19 SEVERABILITY CLAUSE
(1) Should individual provisions of these T&C be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
(2) The invalid or unenforceable provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.
§ 20 APPLICABLE LAW AND JURISDICTION
(1) The law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) For contracts with consumers, paragraph 1 only applies insofar as it does not restrict any mandatory statutory provisions of the country in which the consumer has their habitual residence.
(3) For all disputes arising from or in connection with these T&C, the place of jurisdiction for contracts with merchants, legal entities under public law, or special funds under public law shall be [Your Jurisdiction, e.g., Berlin, Germany].
(4) For consumers, the place of jurisdiction is the consumer's place of residence or our place of business, at our choice.
§ 21 CONTACT AND SUPPORT
For questions regarding these T&C, please contact:
Email: info@noramedia.de
Address: Leipziger Str. 33a, 36037 Fulda Deutschland
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SPECIAL PROVISIONS FOR AUCTIONS
§ 22 AUCTION RULES
(1) BINDING NATURE OF BIDS:
a) Every bid placed is legally binding and irrevocable
b) Bidders cannot withdraw, delete, or cancel bids
c) By placing a bid, the bidder commits to purchase upon award
(2) AWARD AND PURCHASE OBLIGATION:
a) The highest bidder at auction end automatically receives the award
b) Upon award, a binding purchase contract is formed
c) The highest bidder is obliged to pay within 48 hours
d) Non-payment leads to contractual penalty and ban (see § 11)
(3) RESERVE PRICE:
a) Sellers may set a reserve price
b) If not reached, sale is not mandatory
c) Whether a reserve price exists is displayed ("Reserve not met")
(4) BID INCREMENTS:
a) Minimum increment is 1% of current highest bid, minimum EUR 10
b) With Buy Now option, auction ends immediately
(5) AUCTION END:
a) Auctions end at the specified time
b) Bids in the last 5 minutes extend the auction by another 5 minutes
c) This repeats until 5 minutes pass without a bid
(6) AUTOMATIC BIDS:
a) Users can set a maximum bid
b) The system automatically bids up to this limit
c) Other users only see the current highest bid
(7) IN CASE OF TECHNICAL PROBLEMS:
a) The Operator may pause or end the auction
b) Bids already placed remain valid
c) Auction may be restarted with the same remaining time
(8) EXCLUSION OF BIDDERS:
a) Bidders may be excluded without giving reasons
b) Particularly in case of suspected manipulation or shill bidding
c) Bids already placed become invalid
(9) MANIPULATION:
a) Shill bidding (artificial price increase by seller) is prohibited
b) Upon proof: Auction invalid, ban, possible criminal charges
c) Buyer is entitled to refund
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IMPORTANT NOTICES
1. LEGAL SECURITY:
These T&C have been carefully prepared but do not replace individual legal advice. Have these T&C reviewed by an IT law attorney before use.
2. REQUIRED ADJUSTMENTS:
- Replace [placeholders] with your actual data
- Enter company name and commercial register number
- Update contact details
- Set jurisdiction
3. ADDITIONAL IMPORTANT DOCUMENTS:
- Imprint (Impressum)
- Privacy Policy
- Right of Withdrawal (for consumers)
- Cookie Policy
4. REGISTRATION:
Commercial registration required for commercial operation.
5. PAYMENT SERVICE PROVIDERS:
Separate contracts with Stripe, PayPal, etc. required.
6. APPLICABLE LAW:
These T&C are governed by German law (Bürgerliches Gesetzbuch - BGB). All users, regardless of location, agree to German jurisdiction for disputes.
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Effective Date: July 10, 2026
Last Updated: July 10, 2026
These T&C come into force upon publication on the Platform.