These General Terms and Conditions have been translated here into English in parallel with the German version which is also available to the customer online. The contract language is German. The translation of these general terms and conditions (hereinafter referred to as “GTC”) into another language is therefore for information purposes only. In the event of ambiguities or deviations, the German-language version is authoritative.

Table of contents

1. Introduction
2. Scope
3. Conclusion of Contract for the Sale of Domains
4. Conclusion of Contract for the Business Directory
5. Right of Withdrawal
6. Terms of Payment and Invoices
7. Delivery and Shipping Conditions
8. Warranty, Liability and Obligations
9. Final Provisions
10. Alternative Dispute Resolution

1) Introduction

These are the General Terms and Conditions of apromo^® Lifestyles, trading under "APCDOM Exclusive Domains" on the online platform at the Internet address "apcdom.com" (hereinafter referred to as "Seller"), which come into force with their electronic acceptance. This contract regulates the conditions for the use of the seller's online platform. Please read these terms carefully before using the seller's trading platform. By accepting these conditions, the customer declares that he has read and understood these conditions and agrees to their validity.

2) Scope

2.1 These general terms and conditions of the seller apply to the business relationship between the customer and the seller for the use and purchase of products and services offered via the online platform provided and come into effect at the latest with their electronic acceptance as part of the customer registration or payment of a product or of a service into force. Otherwise, all provisions of the GTC remain unaffected by this contract, unless they have been expressly changed by this contract.

2.2 Deviating general terms and conditions of the customer are not recognized unless the seller expressly agrees to their validity in writing. In addition, special conditions may apply to individual business relationships that contain deviations from or additions to these General Terms and Conditions. In this case, any special conditions will be agreed separately with the customer in writing, which will then take precedence.

2.3 A consumer within the context of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the context of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2.4 Contracts concluded via the online platform are concluded with apromo^® Lifestyles, Kirchplatz 22, 85051 Ingolstadt, GERMANY, represented by the director James D. Beckett, as the seller.

3) Domain Purchase Conditions

The seller operates an online platform specializing in the sale of domain names. Customers can purchase domain names or online projects that also include domain names (marked as "special offers") via the online platform. The purchase contract for a domain or several domains (hereinafter referred to as "purchase contract") is exclusively agreed between the customer and the seller. The involvement of the seller after the conclusion of the purchase contract for a domain is limited to providing the required AUTH code or Hetzner token via email and in the customer's password-protected user account for the transfer of the purchased domain(s) to his own webhosting provider.

Before the customer enters into a binding agreement on the purchase of a domain, the customer acknowledges and undertakes to assume all obligations regarding the purchase and registration of a domain, in particular the registration fees incurred annually at an accredited registrar in order to ensure the registration and use to maintain the domain. The customer shall ensure that he has all the information required regarding the purchase of the domain in order to be able to make an informed purchase decision.

3.1 Terms of Use

As provided in this agreement and applicable published policies, the seller provides its registered customers with a domain buying platform where customers can search for and buy domains. Customers who want to buy domains can enter search terms on the online platform to query for relevant domain offers and then accept the specified fixed price in a "buy now" environment of the respective domain.

Some top-level domains ("TLDs") have special registration policies, restrictions, pricing, and additional fees associated with them. Customers are responsible for making all necessary research to familiarize themselves with the associated registrar's rules and fees for the domains under consideration before entering into any contract to purchase a domain. By electronically accepting these terms, the customer agrees that the seller shall in no way be held responsible or liable for any registration policies or fees associated with any domain after purchase and that the customer's lack of knowledge in this area constitutes no grounds for declaring a contract of sale invalid.

In the event that a customer accepts a contract for the purchase of a domain from the seller, both the customer and the seller agree that the terms of the purchase will follow the standard online purchase agreement (“Sales Agreement”) made available online by the seller and which can be viewed immediately prior to purchase.

3.2 Buy Now Domains

Most offers via the seller's online platform consist of so-called "buy now domains", which are displayed with a fixed price, which is considered to be a binding offer to conclude a purchase contract at the specified sales price ("buy now"). The sales price is the final price for the customer including all applicable taxes. If available, for example explicitly in the case of "special offers", customers can submit a non-binding offer directly to the seller via the relevant online page, which the seller can either accept or reject.

The customer interested in buying agrees that, in the case of a fixed price for a domain name, the purchase contract for the domain name in question is concluded at the specified purchase price in the specified currency. After the purchase, the customer cannot claim from the seller that he did not know that his declaration was a legally binding declaration of acceptance.

If the customer accepts the offer to buy now, an effective purchase contract for the domain is concluded between the customer and the seller, which is already available to the customer for viewing as an online template before the binding purchase and must be accepted electronically before the purchase is technically possible.

3.3 Domain-Transfer

After purchasing a domain, the customer receives a notification to the email address stored in his user account. The customer must ensure that the email account specified in the user account can be reached at all times.

In addition, the seller will provide the customer with the necessary AUTH code or Hetzner token in his user account so that the customer can transfer his purchased domain to his own webhosting provider. Additionally the customer will receive the necessary AUTH code or Hetzner token automatically per email. The seller is not obliged to contact the customer via other contact data stored in his user account. The seller endeavours to provide the necessary AUTH code or Hetzner token for a purchased domain on the day of purchase in the customer's user account and undertakes to confirm this provision within 72 hours at the latest.

The customer agrees to move the acquired domain to his own webhosting provider within 14 days of acquiring a domain using the AUTH code or Hetzner token provided by the seller.

Insofar as further data, websites or other objects are to be transferred with the domain name, the customer is solely responsible for regulating the transfer of these further parts of the contract in consultation with the seller.

The customer is obliged to cooperate with all data provided by the seller in the customer's user account regarding the technical transfer of the domain. The lack of willingness to cooperate is not only a major violation of these terms and conditions but can also be considered by the seller as a major violation of the underlying purchase contract.

The domain has been transferred when the seller has lost technical control over the domain, and he no longer has to take action to enable the customer to have technical control over the domain. As soon as the customer has taken control of the domain, he is obliged to immediately update the WHOIS entry of the domain at the respective registry.

3.4 Failed Domain Transfer

In the event of a failed transfer, for whatever reason, the effectiveness of the purchase contract remains unaffected.

In the event that the failed transfer ultimately fails despite compliance with the customer's obligations, the seller is entitled to continue to keep the domain. In this case, the customer cannot accuse the seller of any breach of duty or claim a refund of the purchase price.

Liability on the part of the seller for damage resulting from the failure of the domain transfer is excluded unless the damage is based on intentional or grossly negligent behaviour on the part of the seller. If a transfer for which the customer is not responsible and one that is classified by the seller as a definitively failed transfer, the customer is entitled to a refund of the purchase price paid.

3.5 Rights and Liability

Customers are at all times bound by the contents of these terms and conditions and the associated policies relating to the purchase of domains from the seller, which are hereby effectively incorporated into the terms and conditions and thus become part of the contract. All applicable policies can be accessed and viewed on the seller's online platform.

The seller makes no guarantee, representation, or warranty that a transfer of the offered domain name or related website content to the customer is technically possible and feasible.

The seller also makes no guarantee, representation, or warranty for properties of the domain name in question or related website content. This applies in particular, but not exclusively, to traffic statistics or the exact alphanumeric composition of a domain name.

In the event that the seller is made aware of a documented case of fraud in connection with the customer after a domain transfer has been processed, the customer undertakes to accept a return of the domain and to transfer the purchase price of the domain back to the seller.

3.6 Seller's Obligations

As a seller of a domain listed on its online platform, the seller guarantees and warrants that:

• he is legally entitled to sell the registered domain name and to freely dispose of the domain. For this, the seller must be the verified owner of a domain or have the exclusive right to register the domain name for sale.
• at the time of sale, the domain is registered with an appropriate domain registrar or other registration authority.
• the domain being sold is currently not subject to any deletion, cancellation, reversal, or deactivation by an appropriate domain registrar or other registration authority and that all registration rights to the domain exist.
• no steps have been taken that affect the domain registration right to transfer to the customer.
• the domain is not, at the time of purchase, the subject of litigation affecting the right to register or use the domain.

4) Right of Withdrawal

4.1 Consumers are generally entitled to a right of withdrawal.

4.2 Further information on the right of cancellation can be found in the seller's cancellation policy.

 

Withdrawal policy & Withdrawal form

Consumers are entitled to a right of withdrawal according to the following stipulations, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity:

 

A. Withdrawal policy

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods. In order to exercise your right of withdrawal, you must inform the seller of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or via email). You can use the attached sample revocation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of Revocation

If you revoke this contract, we agree to reimburse all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else has been expressly agreed with you; under no circumstances will you be charged fees for this repayment.

We reserve the right to refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.

If access data was transferred to you when the contract was concluded, you must delete this data immediately and, in all cases, no later than fourteen days from the day on which you inform us of the withdrawal of this contract. The deadline is met if you delete the access data provided to you before the period of fourteen days has expired. There are no costs for returning goods in the case of an entry in a virtual business directory. 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.

 

B. Withdrawal form

If you want to revoke the contract, please fill out this form and return it to:

apromo^® Lifestyles
Kirchplatz 22, 85051 Ingolstadt
GERMANY

or per email to info@apromo.de

 

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following product/the provision of the following service (*)

 

_____________________________________________________________________________________________

 

_____________________________________________________________________________________________

 

_____________________________________________________________________________________________

 

Ordered on (*) __________________________________ received on (*) _________________________________

 

_____________________________________________________________________________________________
Name of consumer(s)

 

_____________________________________________________________________________________________
Address of consumer(s)

 

_____________________________________________________________________________________________
Signature of consumer(s) (only if notified on paper) and date

 

(*) Delete where not applicable

 

Exclusion or premature expiry of the right of withdrawal

The right of withdrawal does not apply to contracts for the delivery of digital content that is not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which is clearly tailored to the personal needs of the consumer.

The right of withdrawal expires prematurely if we have begun to execute the contract after you have given your express consent and at the same time have confirmed that you are aware that you will lose your right of withdrawal when we begin to fulfil the contract. We would like to point out that we can make the conclusion of the contract dependent on the aforementioned consent and confirmation.

5) Payment Terms and Invoices

5.1 Unless otherwise stated in the seller's product description, all prices stated on the online platform are final prices including all applicable taxes, such as the statutory value added tax within the Federal Republic of Germany. The currency of the purchase price that the customer and the seller have agreed upon at the time of accepting an offer is decisive. This purchase price in the specified currency is used as a basis for the execution of the contract between the customer and the seller.

5.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible, and which are to be borne by the customer. These include, for example, costs for money transfers by banks (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

5.3 After purchasing a product or service on the seller's online platform, the customer will receive an appropriate invoice with all the necessary information either by email, as a download on the website or as a download provided or in the customer's user account.

5.4 The payment option(s) will be communicated to the customer on the seller's online platform.

5.5 If payment by invoice has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

5.6 When paying using a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (im Folgenden: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

6) Delivery and Shipping

6.1 All online entries are activated by email to the email address provided by the customer, unless otherwise agreed. When processing the transaction, the email address specified in the seller's order processing is decisive.

6.2 Purchased digital products and services are also delivered or transmitted electronically, either by email or as a download provided.

7) Warranty and Obligations

7.1 Obligation to maintain data in the user account:

For some products or services offered on the seller's online platform, the customer must create a user account. In such cases, customers undertake to create a user account and to keep it up to date and to fill out the registration form completely and correctly. The customer is responsible for the correctness of the data published on the seller's online platform and undertakes to check this data after publication. The seller is not liable for any information, prices or spelling errors on the part of the customer.

7.2 Legal relationship between the customer and the seller:

Customers acknowledge that the seller shall not be held responsible if the customer fails to perform any of his obligations under any existing contract of sale. In such cases, no claims from the attempted or actual purchase can be asserted against the seller as the provider of the online platform and the associated products and services.

7.3 Contacting customers:

Notwithstanding the seller's privacy policy, the seller reserves the right to engage with customers to offer assistance to reach an amicable conclusion of the purchase of any product or service offered on the seller's online platform. In such a case, the customer agrees that the seller may use the customer data provided by the customer and stored in his user account to contact him.

7.4 Consequences of breaches of duty / exemption:

In the event of any breaches of duty against the provisions of these terms or against the purchase contract concluded between the customer and the seller, the seller is authorized to terminate the customer relationship and/or to block the customer's user account. The customer indemnifies the seller from all claims for damages and liability, warnings, cease-and-desist declarations by third parties and other claims as well as any associated costs and expenses that have been caused by the customer's behaviour.

7.5 Disclaimer in the event of unavailability of the website:

The seller does not guarantee that his online platform will be permanently accessible. If the website or parts of the website are not accessible, a customer cannot claim that he would have purchased a product or service offered if it were available or that he would have purchased it at a certain price.

8) Final Provisions

8.1 In the event that individual provisions of these terms should be wholly or partially invalid, this shall not affect the validity of the remaining provisions. The wholly or partially ineffective regulations will be replaced by regulations whose content comes as close as possible to those that have become ineffective in a legally effective manner. The same applies to possible regulation gaps.

8.2 The law of the Federal Republic of Germany applies to the conclusion of contracts.

8.3 The place of fulfilment is the registered office of the seller. If the customer 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 the contract is the registered office of the seller.

9) Alternative Dispute Resolution

9.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

9.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

9.3 The invalidity of individual provisions of these General Terms and Conditions does not affect the validity of the remaining provisions.

 

Date: January 2023