Englische Version

EN: Preliminary information before the Terms of Service regarding the europebay.eu website

TERMS AND CONDITIONS of use of the europebay.eu website

2.1. Users may be natural persons aged 18 or over with full legal capacity, legal persons, or organizational units without legal personality but capable of acquiring rights and incurring obligations in their own name.

2.2. Natural persons who do not conduct business activities, on the europebay.eu website must register by completing the appropriate form, whereby:

2.2. /c. If national law provides for the attainment of majority or limitations on legal capacity at a different age, the provisions of the law of the User's country of residence shall apply in this respect.

2.3. Legal persons conducting business activities and legal persons or organizational units referred to in Article 2.1 must register using the appropriate registration form by providing the data specified therein. Subsequently, these entities shall send to MWqp - Group UG a copy of documents confirming the aforementioned data on the business activity conducted. The obligation to submit copies of these documents applies to all Users who, as part of the Registration, have activated the Account by confirming the appropriate link in the e-mail received at the e-mail address provided in the registration form, from europebay.eu.

2.3. /a. MWqp - Group UG reserves the right to request additional declarations and documents confirming the conduct of business activities by entities that have their registered office, registered business, or actual place of business both within the European Union and outside the European Union outside the territory of the European Union.

2.5. In the process of filling in the registration form, the registering entity provides the required data, and after filling in the registration form, depending on the method of registration and the type of data provided:

2.5. /a. A message will be sent to the e-mail address provided in the registration form indicating how to confirm the Registration and other information required by law;

2.5. /b. The registering entity may confirm the Registration using the available Registration confirmation mechanisms. Upon confirmation of the Registration, an agreement is concluded between the registering entity and MWqp - Group UG, the subject of which are the services provided via the europebay.eu website, on the terms and conditions set out in these Terms and Conditions

25. /c. By agreeing to the terms of the Agreement concluded with the User, the User fully accepts that the use of certain websites operated by MWqp - Group UG and europebay.eu may be governed by other Regulations. Additional agreements may be concluded with the User, inter alia, in connection with the operation of other confidentiality rules.

25. /d. MWqp-Group UG, by providing the europebay.eu website and the functionalities contained therein, does not become a contractual partner of any agreement concluded by the Consumer and the User through the europebay.eu website. The participants are obliged to resolve any disputes and problems that may arise as a result of the operation on the europebay.eu website between themselves.

2.6. In order to gain access to all services provided by MWqp - Group UG and functionalities on the europebay.eu website, the User must complete Full Registration, i.e. in addition to the obligation to send copies of documents, declarations or translations - as referred to in article 2.3 above (if applicable) - activate the Account, which can be done by: choosing one of the methods available to a given User, provided by MWqp - Group UG on the europebay.eu website or sent in the form of an email message to the registered User.

2.7. During Registration and subsequent use and operation on the europebay.eu website, the User is obliged to provide true data and information and to make - if applicable - truthful statements. A user of a Standard Account and a Company Account with an active Subscription service may add a photo or graphic to the Account, which may depict their present its image or logo ( awatar).

2.7. /a. In the case of logging in to the europebay.eu website or registering via external authentication services (e.g. offered as part of other services, including social networks), the User's data, including personal data and avatar (if it has been made available to the operator of this external service or website) will be transferred or disclosed to MWqp - Group UG and used in accordance with the provisions of these Regulations, and the User whose data is referred to in this point fully agrees to these actions.

2.7. /b. If an avatar is added, it will be assigned to the Account indicated by the User and registered in their name. In the case of logging in to the europebay.eu website or registering via external authentication services (e.g. offered as part of other services), the avatar transferred or disclosed to MWqp - Group UG by the operator of this external service or website will be assigned to the User's Account, in accordance with the email address provided by the User in this service or website. The User's avatar will be visible to other Users using the europebay.eu website during their selected activities within the operation of the europebay.eu website. The User whose data is referred to in this point fully agrees to these actions.

2.7. /c. An avatar will be assigned to the User's Account in the cases indicated above, provided that it meets the following technical requirements: minimum size 64x64px, file type: jpg, png and does not present any unlawful or inappropriate content, including in particular vulgar, obscene, erotic, pornographic, inciting hatred, racism, xenophobia. It is not permissible to include in the avatar content related to the User's activities conducted outside the europebay.eu website, as well as any contact details.

2.7. /d. The User is prohibited from deleting the data contained in the Account settings after completing the Registration, with the proviso that the User may at any time delete the avatar assigned to their Account. To delete the phone number, it is necessary to contact MWqp - Group UG using the available contact channels specified in these Regulations.

2.8. Users can access their Account on the europebay.eu website (login) by providing:

a login, email address, or phone number. Logging in to the europebay.eu website through automated solutions, using a mobile device's biometric data after enabling this function (biometric data is stored on the device and is not shared with MWqp - Group UG), or through external authentication services (e.g., offered by other services cooperating with MWqp - Group UG, including social media services) has the same effect as logging in directly to the europebay.eu website. Important! The use of automated solutions, especially external software that triggers login, is at the user's own risk.

Annex No. 1
SAMPLE WITHDRAWAL FORM
(this form should be completed and returned only if you wish to withdraw from the agreement)

Date:………………………………City…………..........….........................……………………………………………………………
MWqp-Group UG, Viktoriastraße 116, 47799 Krefeld, Germany
I….......................………………………........................................……. hereby inform about my withdrawal from the contract
for the provision of services within the framework of functioning on the europebay.eu website.
The date of the contract is ……………………………………………………………………………………………………………….,
First name and last name…………………………………………………………………………………………………………………
E-mail adress………………………………………………………………….........................………….(applied during registration)
My login on the website europebay.eu ………………….......................………………………………………………………………
Date and signature of the person who submitted the form ……………………………………………………………………………

2.15. The User acknowledges that assigning an avatar to their Account may involve the automatic adjustment of the avatar's size to the technical requirements defined by MWqp-Group UG.
2.16. 2.16. MWqp-Group UG employs mechanisms aimed at ensuring an appropriate level of security for Transactions and other services provided within the functioning of the europebay.eu website used by the User.
2.17.The execution of transactions and other services is only possible under the condition of ensuring their appropriate level of security. Detailed information about technical requirements, including current updates and recommended security measures - necessary for using the services provided by MWqp-Group UG, is available on the europebay.eu website, in this Terms of Service, or via email sent to the User at the email address provided during the User's registration.
2.18. The User should regularly update their data in their account settings, including contact details. The User of a Company Account should regularly check for new correspondence from MWqp-Group UG within the functioning of the europebay.eu website.

/ ending soonest/ newly listed/ popularity/ from lowest price/ from highest price/ nearest distance/ farthest distance/ lowest relevance/ highest relevance/
3.4. Within the functioning of the website europebay.eu, in addition to the default sorting by the "Relevance" criterion, the User has the possibility of selecting the following types of sorting Offers within the Offers list, i.e.:
3.4. /a. Price: from the lowest. It takes into account the following criteria in the following order: highlighting the Offer in the listing, matching the Offer to the searched phrase and category, the lowest price, the highest popularity, the shortest time to the end of the Offer;
3.4. /b. Price: from the highest. It takes into account the following criteria in the following order: highlighting the Offer in the listing, matching the Offer to the searched phrase and category, the highest price, the highest popularity, the shortest time to the end of the Offer;
3.4. /c. Popularity: the highest. It takes into account the criteria in the following order: highlighting the Offer in the listing, matching the Offer to the searched phrase and category, the highest popularity, the shortest time to the end of the Offer;
3.4. /d. Shortest Time Remaining: Least. Considers criteria in the following order: listing highlight, offer match to search phrase, shortest time until offer ends, offer number;
3.4. /e. Newest Added: Newest. Considers criteria in the following order: listing highlight, offer match to search phrase, shortest time since offer was published, longest time until offer ends;
3.4. /f. Shortest Distance: Shortest distance. Considers criteria in the following order: listing highlight, offer match to search phrase, shortest distance of the offer, offer number;
3.4. /g. Longest Distance: Longest distance. Considers criteria in the following order: listing highlight, offer match to search phrase, longest distance of the offer, offer number;
3.4. /h. Lowest Relevance: Lowest. Considers criteria in the following order: listing highlight, offer match to search phrase, lowest search relevance of the offer, offer number;
3.4. /i. Highest Relevance: Highest. Considers criteria in the following order: listing highlight, offer match to search phrase, highest search relevance of the offer, offer number;

§ 4. Prohibited and Conditionally Permitted Goods

4.1.
The Seller undertakes not to list any offers, goods, or services, the trade of which violates applicable laws (including the provisions of any foreign law that may apply in a given case) or the rights of third parties (in particular, copyrights and other intellectual property rights), as well as those the listing of which may be considered a violation of good morals. The Seller cannot sell Goods and services in a given country or undertake any activities related to sales in that country if it is contrary to the applicable and binding laws of that country. It is forbidden to publish and present any content that violates generally accepted ethical, moral, or social norms, in particular inciting or promoting hatred, violence, or any form of discrimination, including on grounds of nationality, skin color, beliefs, religion, worldview, promoting authoritarian and totalitarian systems, as well as any content praising or supporting such behavior or systems.
4.2. Notwithstanding the provisions of Article 4.1, it is forbidden to offer items listed as prohibited in Annex No. 2 to the Regulations.
4.3. The items referred to in Articles 4.1 and 4.2 cannot be offered together with Goods as a free gift.
4.4. Offering certain types of Goods requires meeting additional conditions, specified in Annex No. 2 to the Regulations.

Annex No. 2
The following Goods may not be the subject of the Offer:

1. containing grossly pornographic content;
2. symbols or products containing the symbolism of a fascist or other totalitarian state system or presenting content praising or promoting such a system or inciting hatred on the grounds of nationality, ethnicity, race, religion or lack thereof, or otherwise violating the prohibition referred to in Article 4.1 of the Regulations - excluding goods of artistic, educational, collectible or scientific value;
3. violating the personal rights of third parties;
4. music, films, software and other Goods that infringe intellectual property rights;
5. non-original products (so-called counterfeits, items infringing industrial property rights);
6. explosives and hazardous chemical substances;
7. narcotics, psychotropic substances, intoxicating substances, cannabis seeds;
8. prescription drugs and other medicines, subject to conditionally permitted goods;
9. alcoholic beverages, subject to conditionally permitted goods;
10. tobacco products, electronic cigarettes, bases for liquids/flavours, liquids (including those without nicotine), spare containers and their parts, tobacco heaters and their parts, nicotine pouches, subject to conditionally permitted goods;

§ 5. Transaction Initiation

5.1.
The Seller creates an Offer by completing the sales form available on the website: europebay.eu, thus defining all the terms and conditions of the Transaction. The information contained in the Offer may only concern its subject matter.
5.1. /a. Upon introduction of information or data into the content of the Offer, MWqp-Group UG acquires the right to use them, in particular to use them in any way, at any time, at its own discretion. The Seller authorizes MWqp-Group UG to translate the Offer and its elements (including by means of software for automatic text translation) into other languages, as well as to display it in other languages.
5.1. /b. By posting information or data in the content of the Offer, the Seller declares that he/she is entitled to introduce them into the content of the Offer, and that their use within the operation on the website: europebay.eu and by MWqp-Group UG – in particular in the manner specified in the preceding sentences – does not infringe the rights of third parties. The Seller bears full responsibility for the truthfulness of the declaration referred to in the preceding sentence.

5.2. The content of the Offer should be reliable and complete and may not mislead other Users, in particular as to the characteristics of the Goods, such as: its condition, parameters, quality, origin, brand or manufacturer.
5.2. /a. The content of the Offer should comply with legal requirements, in particular contain information resulting from applicable regulations regarding consumer protection and in no case may suggest the use of the Goods in a manner that violates applicable law. The Offer description may not contain any content that is inconsistent with applicable law. The User bears full responsibility for the content placed by him/her in the Offer, including responsibility for any errors or inaccuracies therein. The Seller declares that he/she is entitled and has the ability to conclude and perform a contract with the Buyer.

5.6. The Seller undertakes to accept payments from Buyers for Transactions using all payment methods available on the europebay.eu website for the Seller's country of residence.
5.7. In addition to enabling Buyers to pay for Goods using the services referred to in Article 5.5, Sellers may also enable Buyers to pay for Goods by cash on delivery or by direct payment at the point of collection of the Goods. The handling of Buyer's cash on delivery payments is carried out in accordance with the rules provided for in the regulations of cash on delivery service providers, which the Buyer can read on the websites of the providers, including: DPD, UPS, DHL, InPost, Poczta Polska, S.A., FedEx, Canada Post and others, depending on the destination country.
5.8. The Buyer's choice of a delivery method with the option of cash on delivery payment in violation of the regulations, in particular exceeding the applicable cash payment limits, may result in the refusal to collect cash by the cash on delivery service provider.
5.9. In order to place Offers in the categories: Collections > Investment Products and Collections > Numismatics > Gold Collector Coins (excluding the subcategory: Gold and Silver Scrap), the Seller is obliged to meet the following conditions jointly:
5.9. /a. fulfill the requirements specified in Annex No. 1. Goods prohibited and conditionally allowed to the Regulations;
5.9. /b. after prior logging in to the Account under which he will publish Offers in the aforementioned categories, make a notification using the contact form available on the website https://europebay/............. and obtain acceptance of the notification from MWqp-Group UG, in the form of an e-mail sent to the User's e-mail address assigned to his Account.
5.10. MWqp-Group UG provides Buyers with a Returns Policy on the europebay.eu website, which gives them the opportunity to return Goods purchased on the europebay.eu website via an appropriate return form (hereinafter: the Form), according to the standards, conditions and rules indicated in this policy.
5.11. In connection with providing Buyers with the Returns Policy referred to in Article 5.10 above, Sellers with a Company Account or being a User conducting business activity are obliged to fully complete the appropriate form for the terms of return of Goods, located in the "Returns Conditions" tab and assign it to their Offers, and should also implement the following rules:
5.11. /a. in the event of withdrawal from the contract by the Buyer, when the Goods have not yet been sent by the Seller - refund the funds paid by the Buyers for the purchased Goods within 3 working days from the date of cancellation of the Transaction by the Buyer;
5.11. /b. in other cases of withdrawal from the contract by the Buyer, other than those specified in point a above - refund the funds paid by the Buyers for the purchased Goods within 7 calendar days from the date of receipt of the returned Goods by the Seller, but no later than 14 days from the receipt of the Form completed by the Buyer;
5.11. /c. in the event of a complaint about Goods purchased by the Buyer, who requests only a refund of the funds paid - consider the complaint within 14 calendar days from the receipt of the Form completed by the Buyer and, if the complaint is accepted in this respect, immediately refund the funds paid by the Buyers for the purchased Goods;
5.11. /d. adapt the delivery method of the returned Goods to their properties and size.

§ 6. Transaction process

6.1. By accepting the conditions presented by the Seller in the Offer content, the User, in order to purchase the Goods, participates in the Purchase by selecting the "Buy Now" option, subject to Article 3.2 of the Regulations. By performing the above actions, the User completes the appropriate form on the Offer page and confirms their choice.
6.2. Upon participating in the Purchase, personal data regarding the Buyer's Account name (login) is transferred to the Seller.
6.3. From the moment the Offer is published, Users can ask the Seller questions regarding this Offer or the Transaction that was the subject of the given Offer in the following ways:
6.3. /a. using the appropriate form /Ask the seller/ available within the Offer content,
6.3. /b. using the /Send a Message/ option within the /Message Center/ functionality available in the User's Account settings,
6.4. By proceeding with the Purchase, the purchasing User declares the price of the Goods, which they undertake to pay in case of purchase.
6.6. The proposal to conclude a contract with the Seller, by a Buyer whose Account is suspended before the end of the Offer, ceases to be binding.
6.7. The Offer ends when the time specified in its conditions by the Seller expires or when all units of the Goods are sold in Offers with the "Buy Now" option. Earlier termination of the Offer may occur:
6.7. /a. based on the Seller's decision, as referred to in Article 6.8.
6.7. /b. based on the decision of MWqp-Group UG, in the situations described in Article 8.2 point b.
6.8. The Seller may terminate the Offer at any time. In the case of:
6.8. /a. Offers with the "Buy Now" option – the sales contracts concluded so far within such an Offer are binding.
6.9. The price for the Goods should be determined in accordance with generally applicable laws. In addition to the price for the Goods, the Seller may additionally charge the Buyer only with the delivery costs indicated in the Offer in their actual amount. In the case of foreign delivery methods, additional rules apply as specified in Annex No. 3 to the Regulations.
6.10. The procedure in the event of planned technical breaks and technical failures, in particular their impact on published Offers, is specified in Annex No. 3 to the Regulations.

§ 7. Conclusion of a Contract within an Offer

7.1. IMPORTANT! MWqp-Group UG is not a party to sales contracts concluded between Users and does not guarantee that the Seller and the Buyer are entitled to conclude and perform the contract.
7.2. Concluding a contract by a User with another User whose registered office or habitual residence is not located in the European Union may result in the transaction being subject to the applicable provisions of foreign law.
7.3. The Buyer concludes a contract with the Seller by confirming the purchase using the "buy and pay" button or another button with similar meaning, subject to the provisions of Article 3.2. Each purchase and some payment methods may be additionally confirmed using biometric data from the mobile device after this function has been enabled (biometric data is stored on the device and is not shared by MWqp-Group UG).
7.4. Confirmation of the conclusion of the contract between the Buyer and the Seller is sent automatically via email (or optionally via other electronic means of communication) and is for informational purposes only. In the message referred to in the preceding sentence, the parties to the contract receive the data currently displayed in their Account settings, i.e.: name and surname, email address (encrypted by MWqp-Group UG), telephone number, address. If the Seller's registered office displayed in the Account settings is located outside the European Economic Area, the data referred to in the preceding sentence will be transferred outside the European Economic Area. If the Buyer chooses a delivery method that involves assigning a registration number to the shipment, information regarding shipment tracking may be made available to MWqp-Group UG directly by the carrier or the Seller. If the shipment number has been made available in the "Purchased" tab, visible after logging into the Account, the Buyer receives an additional email containing: the name (company) of the carrier, the shipment registration number or a link enabling its tracking.
7.5. Unless the Transaction parties agree otherwise, the Buyer, in connection with the concluded contract, should make payment for the Goods:
7.5. /a. within 7 days in the case of an Offer with the Buy Now option,
7.5. /b. within 14 days in the case of an Offer with the Buy Now option for which the Buyer has chosen a traditional bank transfer.

Failure to pay for the Goods by the Buyer within the indicated deadlines results in automatic cancellation of the Transaction by MWqp-Group UG. If the conditions for automatic cancellation of the Auction described above are not met within 30 days, MWqp-Group UG may re-verify them for this purpose. The above actions of MWqp-Group UG do not affect the civil law consequences of the conclusion of a sales contract between Users and do not release them from the obligation of mutual performance resulting from the existing legal relationship.

§ 8. The Role of MWqp-Group UG in Providing the europebay.eu Website

8.1. MWqp-Group UG is not liable for the conduct of Users within the operation of the europebay.eu website, nor for the improper performance or non-performance by them of contracts concluded within Transactions, as well as for the consequences of actions taken by Users and third parties that constitute a breach of the Terms and Conditions.
In particular, MWqp-Group UG is not liable for the quality, safety and/or legality of Goods sold within an Offer, the Sellers' ability to sell, the Buyers' solvency, or the truthfulness and accuracy of information and other content provided/transmitted by Users within the operation of the europebay.eu website.

8.2. If an Offer violates the provisions of the Terms and Conditions or applicable law, the Company may:
8.2. /a. change the category indicated by the Seller on the europebay.eu website in which the Offer is published,
8.2. /b. prematurely terminate or remove the Offer with the Buy Now option - however, contracts previously concluded within it between Users remain valid,
8.2. /c. remove the Auction, as a result of which it ceases to be available on the europebay.eu website, and any previous actions of Bidders within it have no effect,
8.2. /d. refuse to publish the Offer.

8.3. MWqp-Group UG may verify Users' compliance with the Terms and Conditions. Verification may take place in particular by checking whether Users comply with the relevant provisions of the Terms and Conditions. Verification takes place in particular by contacting the User and recording its course.

8.4. If a User's actions violate the provisions of the Terms and Conditions, MWqp-Group UG may:
8.4. /a. reprimand the User via email,
8.4. /b. issue a warning to the User via email.
Issuing a reprimand and a warning to the User does not directly result in the suspension of the User's Account or restriction of access to individual services provided within the operation of the europebay.eu website; it only constitutes information that if the User continues to violate the provisions of the Terms and Conditions, MWqp-Group UG may suspend the Account or restrict access to individual services within the operation of the europebay.eu website. In the event of repeated or material violations of the Terms and Conditions understood as:
1. The User's failure to settle dues to MWqp-Group UG within the designated timeframe,
2. The User providing incomplete or false contact information in the Account settings (e.g., name, company, address),
3. The User transferring the Account without the consent of MWqp-Group UG,
4. The User sharing the Account with other individuals contrary to the rules specified in the Terms and Conditions,
5. The User publishing Offers for prohibited Goods specified in Appendix No. 1 to the Terms and Conditions or Conditionally Allowed Goods, and the User has not met the conditions necessary for their listing, which conditions are indicated in Appendix No. 1 to the Terms and Conditions,
6. Violation of the rules regarding the listing of Offers specified in Appendix No. 2 to the Terms and Conditions,
7. Registering multiple Accounts and using them contrary to the rules specified in points 2.9 and 2.10 of the Terms and Conditions,
8. Sending spam messages to other Users,
9. A decrease in the overall quality level (within the "My Sales Quality" panel) to the value of "Needs Improvement" or "Unacceptable”
Tłumaczenie na język angielski:
10. Undertaking actions aimed at avoiding payments related to fees or commissions charged by MWqp-Group UG,
11. Violating the rules regarding the use of the europebay.eu website specified in § 2. Rules of using the europebay.eu website of the Regulations,
12. Making purchases for purposes other than completing a Transaction,
13. Violating the rules regarding commissioning MWqp-Group UG to publish Offers specified in Article 5.4 of the Regulations,
14. Violating the rules regarding rejecting Bidders' offers specified in point 6.5 of the Regulations,
15. Violating the rules set out in § 4. Prohibited and conditionally permitted goods of these Regulations,
16. If, in the User's opinion, the services provided by MWqp-Group UG under these Regulations are not performed by the Company in accordance with the provisions of these Regulations, they may submit objections in the manner specified below (Complaint).
16. /a. Complaints can be submitted electronically via the contact form or in writing to the following address: service@europebay.eu. The complaint should include at least the name under which the User appears on the europebay.eu website (login), a description of the reported objections, and an indication of the proposed method of resolving the Complaint.
16. /b. MWqp-Group UG shall review the Complaint within 14 days of its receipt. If the Complaint does not contain the information necessary for its consideration, the Company will ask the complainant to supplement it to the necessary extent, and the 14-day period then runs from the date of delivery of the supplemented Complaint.
16. /c. The response to the Complaint is sent exclusively to the email address assigned to the User's Account. In particularly justified cases, the Company may send the response to another email address indicated by the complainant that is not assigned to the User's Account, or in writing to the address indicated in the Complaint.
16. /d. The User has the right to appeal the decision made by the Company as part of the Complaint (Appeal). The appeal may be submitted within 6 months of the User being informed of the decision by the Company.
8.4. /c. As a result of violating the rules of the regulations, in particular those resulting from the previous point 8.4. /b., MWqp-Group UG may:
Temporarily restrict the User's access to individual services provided as part of the operation on the europebay.eu website, in particular restrict, for a definite or indefinite period, the functionality of the User's Account,
Suspend for a definite or indefinite period one, several or all of that User's Accounts.

MWqp-Group UG may also temporarily restrict the User's access to individual services provided as part of the operation on the europebay.eu website or suspend for a definite or indefinite period one, several or all of that User's Accounts.

MWqp-Group UG will notify the User of the Account suspension or restriction of access to specific services via e-mail, stating the reasons for the suspension or restriction of access to the Account. The User may appeal against the decision of MWqp-Group UG in accordance with the provisions of Article 16 of the Regulations. In the absence of a response and submission of comprehensive explanations regarding the proper performance of the contract concluded between the Buyer and the Seller within the Discussion within 14 days, MWqp-Group UG may make the use of functions on the europebay.eu website dependent on the User confirming the fact of fulfilling the contract concluded as a result of the Transaction.