Terms

These terms exist in a German and an English version. The language of the contract is German; the English version is provided for information. Where the versions differ, the German one prevails.

1. Scope and contracting parties

These terms apply to all contracts for the acquisition of internet domains initiated through this website. The site is operated by hexadezimal e.U., Obertiefenbach 151, 8224 Hartl, Austria (the "operator").

Deviating terms of the buyer apply only where they have been expressly agreed to in writing.

The operator does not conclude contracts with persons, organisations or bodies listed under European Union sanctions, or with anyone acting for a listed party. The buyer warrants that they are neither listed themselves nor acting for a listed party. Where the opposite turns out to be the case, the operator may withdraw from the contract and abort a transfer already begun; section 6 applies accordingly to the unwinding.

2. Role of the operator

Depending on the domain, the operator acts in one of two roles. Which role applies is stated on the relevant sales page under "Seller" or in the brokerage notice:

Own sale: where the operator holds the domain, the contract of sale is concluded directly between the operator and the buyer.

Brokerage: where a third party holds the domain, the operator acts as an intermediary only. The contract of sale is then concluded between the holder and the buyer. The operator owes the brokerage and the handling of payment, not performance of the contract of sale. The holder is named to the buyer no later than with the order confirmation.

3. Formation of contract

Listing a domain on this website is not a binding offer but an invitation to make one. Depending on the sale model:

Fixed price: submitting the purchase form constitutes a binding offer by the buyer. The contract is concluded once the order confirmation stating the order number and the payment details is sent, which happens immediately after the form is submitted.

Offer: the buyer makes a binding offer at an amount of their choosing and is bound by it for 14 days. Once that period has elapsed the offer lapses and can no longer be accepted. The contract is concluded if the offer is accepted; the buyer then receives a personal, time-limited link to checkout. Any minimum amount shown is non-binding and creates no entitlement to acceptance.

Auction: every bid is binding and cannot be withdrawn. Only bids reaching the stated minimum are valid. A bid placed in the final minutes extends the auction by the period stated on the auction page, so that other bidders can respond. Where an undisclosed reserve price has been set and is not met, no contract is concluded. Otherwise the contract is concluded with the highest bidder when the auction ends.

4. Prices and VAT

All prices are stated in the currency shown on the sales page. The operator is a small business under § 6(1)(27) of the Austrian VAT Act; no VAT is charged or shown.

For brokered domains, taxes arising at the holder may be shown separately; this is disclosed before the contract is concluded.

5. Payment

Payment is made by bank transfer to the account stated in the order confirmation, quoting the order number. The full purchase price is due within 7 days of the order confirmation.

If payment is not received in time, we send a reminder and allow a further 14 days. If that period also passes without payment, the contract may be rescinded and the domain offered again.

6. Transfer of the domain

The transfer is initiated once payment has been received in full. It follows the rules of the competent registry and the registrar concerned, whose deadlines and formal requirements bind both parties and lie outside the operator's control.

The buyer cooperates in the transfer, in particular by naming a registrar account able to receive the domain and by confirming the steps requested by the registrar in good time. Delays caused by a lack of cooperation are the buyer's responsibility.

The domain remains with the current holder until payment has been made in full.

Fees charged by the losing or the gaining registrar for the transfer are borne by the buyer. Where the registration expires within sixty days of the contract being concluded, the seller arranges and pays for its renewal; an expired domain cannot be transferred.

Once the buyer has taken over the domain, they update the registration data with the competent registry without delay. Costs and disadvantages arising from a failure to do so are borne by the buyer.

Failure of the transfer. Where the transfer definitively cannot be carried out for reasons neither party is responsible for, the contract is unwound: a purchase price already paid is refunded within fourteen days by the same means by which it was received, and a domain already transferred is transferred back. The operator records the failure so that it remains traceable. Where one party is responsible for the failure, the other party's claims remain unaffected.

Unwinding after an abusive sale. Where it emerges after the transfer that the seller was not entitled to dispose of the domain — for instance because the registration was obtained by deception or unauthorised access — the buyer cooperates in transferring it back, and the purchase price is refunded to them. Any further claims of the buyer lie against the seller; for brokered domains that is the holder, not the operator.

7. Warranty

The seller warrants that, at the time the contract is concluded, the domain is registered and transferable, that the seller is entitled to dispose of it, and that no transfer lock and no third-party rights in the domain are known to them. For brokered domains this warranty is owed by the holder; the operator warrants the proper conduct of the brokerage and settlement.

The agreed quality is the domain itself. Commercial usability, search engine rankings, visitor numbers, existing inbound links, previous uses and suitability for any particular purpose of the buyer are not part of the agreement. Any statements about them are non-binding information, not assurances.

Towards consumers statutory warranty rights apply in full; they are neither excluded nor shortened.

Towards businesses the warranty period is one year from transfer. They must examine the domain immediately after transfer and give notice of defects without delay (§ 377 Austrian Commercial Code).

8. Name and trade mark rights

The buyer is responsible for checking whether the intended use of the domain infringes third-party name, trade mark or sign rights. The operator owes no trade mark clearance.

9. Liability

The operator is liable without limitation for intent and gross negligence. Liability for death, personal injury or damage to health is likewise unlimited, including for slight negligence; no limitation is agreed in that respect.

Towards consumers the statutory rules otherwise apply. No limitation of liability for slight negligence is agreed with them.

Towards businesses, liability for slight negligence is limited to foreseeable damage typical of this kind of contract and in amount to the purchase price of the domain concerned; liability for lost profit and for indirect damage is excluded towards them.

Claims under the Austrian Product Liability Act remain unaffected.

10. Consumer right of withdrawal

Consumers may withdraw from the contract within fourteen days without giving reasons. The period begins on the day the contract is concluded. Sending the declaration in time is sufficient; address it to hexadezimal e.U., Obertiefenbach 151, 8224 Hartl, Austria, e-mail office@hexadezimal.at. The model form below may be used but is not mandatory.

On withdrawal, payments received are refunded without delay and at the latest within fourteen days, by the same means by which they were received.

Early performance and lapse of the right of withdrawal: a domain transfer cannot be reversed. At checkout the buyer is therefore asked expressly whether the transfer should begin before the withdrawal period expires. Where this is requested, the right of withdrawal lapses once the domain has been transferred in full. Without that express request, the transfer begins only after the fourteen days have passed.

Model withdrawal form

To hexadezimal e.U., Obertiefenbach 151, 8224 Hartl, Austria, office@hexadezimal.at:
I hereby withdraw from the contract for the purchase of the following domain:
Domain: ____________________
Order number: ____________________
Ordered on: ____________________
Name of consumer: ____________________
Address of consumer: ____________________
Date and signature (only if sent on paper): ____________________

11. Data protection

Which data is processed for which purpose is set out in the privacy policy.

12. Dispute resolution

Information on participation in dispute resolution proceedings before a consumer arbitration body is set out in the imprint.

13. Final provisions

Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Towards consumers this choice of law applies only in so far as it does not deprive them of the protection of mandatory provisions of the law of the state in which they are habitually resident.

For disputes with businesses, the court having subject-matter jurisdiction at the operator's seat is competent. Claims against consumers may be brought only in the court of their domicile, habitual residence or place of employment.

Changes to these terms. The version of these terms published on the sales page when a contract is concluded governs that contract. Later changes do not affect contracts already concluded. Acceptance of amended terms by silence is not agreed.

Assignment. The buyer may transfer rights and obligations under this contract to third parties only with the operator's consent, which will not be withheld without good reason. Statutory rights of assignment remain unaffected. The operator may engage third parties in performing the contract, in particular the registrar and the payment provider; this does not affect the operator's responsibility towards the buyer.

Should any provision be invalid, the validity of the remaining provisions is unaffected.