GENERAL TERMS AND CONDITIONS (GTC)
FurtherSales GmbH
Last updated: January 2026
1. Scope of Application
(1) These GTC apply exclusively to entrepreneurs within the meaning of § 14 BGB.
(2) Consumers within the meaning of § 13 BGB are excluded from use.
(3) These GTC apply to all contracts between FurtherSales GmbH, Upstalsboom 20, 28259 Bremen ("FurtherSales"), and the Customer regarding the provision of a white-label auction solution and related services.
(4) Deviating conditions of the Customer apply only if FurtherSales expressly agrees to them in writing.
2. Subject Matter of the Contract
(1) FurtherSales provides a white-label auction solution as Software-as-a-Service (SaaS) ("FurtherSales Auction Suite").
(2) The solution is based on technologies of specialised third-party providers. FurtherSales is not the manufacturer of the software components used.
(3) The scope of services results from the chosen tariff and any individual agreements.
(4) FurtherSales may provide services in the context of pilot projects, trial phases, or time-limited introductory offers. For such pilot projects, deviating prices, durations, scopes of services, or special agreements may apply. The individually agreed conditions shall prevail in each case.
(5) FurtherSales does not owe any specific economic success, in particular no minimum number of bidders, bids, or revenues.
(6) FurtherSales does not itself operate auctions and does not act as seller, intermediary, or auctioneer.
The platform provides exclusively a technical infrastructure for the conduct of auctions by the Customer.
(7) Contractual relationships between the Customer and bidders or buyers arise exclusively between those parties.
FurtherSales does not become a party to these transactions.
The design of auctions, in particular starting prices, durations, award conditions, and terms of sale, is determined exclusively by the Customer.
FurtherSales assumes no responsibility for the legal permissibility of auctions conducted by the Customer.
3. Conclusion of Contract
(1) The contract is concluded by order, written commissioning, or acceptance of an offer.
(2) FurtherSales is entitled to reject enquiries or orders without stating reasons.
4. Scope of Services and Availability
(1) FurtherSales operates the platform on its own or rented servers or with external hosting partners.
(2) FurtherSales owes industry-standard availability of at least 95% on an annual average, excluding:
- Maintenance periods
- Force majeure
- Disruptions outside the control of FurtherSales
(3) Maintenance may be carried out at short notice if technically necessary. Planned maintenance work may be carried out on a regular basis and will, where possible, be announced in advance.
(4) FurtherSales is entitled to technically adapt services insofar as this is reasonable for the Customer and the contractual purpose is maintained.
(5) FurtherSales is not the manufacturer of the software components used. Claims arising from technical malfunctions of individual third-party components exist exclusively within the framework of the contractually agreed service obligations of FurtherSales.
5. Customer's Obligations to Cooperate
(1) The Customer undertakes to:
- publish only lawful content
- not infringe third-party rights
- keep access data confidential
- carry out required cooperation actions in a timely manner
(2) The Customer is solely responsible for content, auctions, product descriptions, and legal compliance of their listings.
(3) The Customer indemnifies FurtherSales from all third-party claims resulting from unlawful content or infringements of rights.
(4) FurtherSales is not obliged to review content or auctions submitted by the Customer prior to publication.
(5) FurtherSales is however entitled to remove content or suspend accounts if there are indications of infringements of rights.
6. Prices and Payment Terms
(1) The agreed prices apply plus statutory VAT.
(2) FurtherSales is entitled to adjust the agreed prices with a notice period of at least 60 days to the end of the month. Price adjustments are made only for objective reasons, in particular due to increased infrastructure, licence, hosting, personnel, or operating costs.
(3) Payments are due immediately.
(4) In the event of payment default, FurtherSales is entitled to:
- block access
- suspend services
- terminate the contract extraordinarily
(5) The Customer remains obliged to pay the agreed remuneration.
(6) Set-off or retention is only permissible with undisputed or legally established claims.
7. Contract Duration and Termination
(1) The contract runs for an indefinite period unless otherwise agreed.
(2) Notice period: 30 days to the end of the month.
(3) The right to extraordinary termination for good cause remains unaffected.
(4) After contract termination, FurtherSales deletes customer data within 30 days.
(5) The Customer is obliged to independently back up their data before the contract ends. There is no entitlement to restoration.
8. Usage Rights
(1) The Customer receives a simple, non-transferable right of use for the duration of the contract.
(2) Reverse engineering, decompilation, or other interference with the software is prohibited.
(3) All rights remain with FurtherSales or their licensors.
9. Liability
(1) FurtherSales is liable without limitation for intent, gross negligence, and for injury to life, body, or health.
(2) In the event of slight negligence, FurtherSales is only liable for breach of essential contractual obligations (cardinal obligations) and limited to the contract-typical, foreseeable damage.
(3) Liability is – except in cases of intent, gross negligence, and personal injury – limited to the remuneration paid in the last 12 months.
(4) Liability for loss of profit, indirect damages, consequential damages, or unrealised savings is excluded.
(5) FurtherSales is not liable for:
- economic success of auctions
- Customer content
- data loss without backup
- failures of external service providers
- cyber attacks outside its sphere of influence
(6) The limitations of liability also apply to employees and vicarious agents.
10. Force Majeure
FurtherSales is not liable for delays or failures due to force majeure, in particular natural disasters, strikes, official measures, cyber attacks, or network outages.
11. Data Protection
(1) FurtherSales processes personal data in accordance with the privacy policy.
(2) The Customer is the controller under data protection law for the bidder and customer data processed by them.
(3) Where required, a data processing agreement (DPA) will be concluded.
12. Confidentiality
Both parties undertake to maintain confidentiality regarding non-publicly known information.
13. Reference Customers
(1) FurtherSales is entitled to name the Customer as a reference customer using company name, brand, and logo on its own website, in presentations, and in marketing and sales materials.
(2) The Customer may object to this use at any time with effect for the future in text form.
(3) Further publications or the use of confidential information shall only take place with the Customer's separate consent.
14. Changes to the GTC
(1) Changes will be communicated 30 days before they take effect.
(2) If the Customer does not object within this period, the changes are deemed approved.
(3) In the event of an objection, FurtherSales is entitled to extraordinary termination.
15. Final Provisions
(1) German law applies to the exclusion of UN sales law.
(2) Place of jurisdiction is Bremen.
(3) Should individual provisions be invalid, the contract remains valid in all other respects.