GENERAL TERMS AND CONDITIONS AND TERMS OF USE SHINYRARE GMBH

ShinyRare GmbH, Brückenkopfgasse 1 /6, 8020 Graz, Austria (following called ShinyRare)

For better readability, the generic masculine is used. Female and other gender identities are explicitly included to the extent necessary for the statement.

1 General provisions and scope of application

1.1 The following General Terms and Conditions (GTC) apply to registered users of the online platform of ShinyRare (www.shinyrare.com) who act as consumers within the meaning of § 1 KSchG in connection with § 3 Z 1 FAGG towards ShinyRare in the course of a purchase or sale of collectibles or acquisition of services.

1.2 ShinyRare concludes contracts exclusively with consumers in the EU area. Contracts with entrepreneurs within the meaning of § 1 UGB (Austrian Commercial Code or consumers from non-EU countries are invalid. By registering on the online platform of ShinyRare the user assures to be a consumer iSd § 1 KSchG. Submissions of items from other EU countries will not be accepted by ShinyRare.

1.3 The currency on ShinyRare is EUR.

1.4 These Terms and Conditions apply exclusively. Deviating, conflicting or supplementary provisions shall only apply upon express consent of ShinyRare.

1.5 As a consumer, the user has the right to take advantage of an out-of-court conciliation procedure before an impartial conciliation body via the online dispute resolution platform (ODR platform) of the European Commission in accordance with Art. 14 para. 1 ODR Regulation (http://ec.europa.eu/consumers/odr/).

1.6 The items offered for sale on the platform of ShinyRare on the fixed price market or at auctions, may not be offered on other auction or trading platforms.

2. Type and beginning of the service provided by ShinyRare

2.1 ShinyRare is the operator of an online platform for collectibles (www.shinyrare.com) and offers services related to the brokerage and safekeeping of authenticated collectibles. Users of the online platform have the opportunity to buy and sell collectibles and to participate in weekly auctions. Furthermore, storage of the collectibles in the digital and physical Vault (see point 8) is possible. The user can manage the items stored at ShinyRare in his own digital portfolio. ShinyRare acts as an intermediary vis-à-vis the buyers and sellers of the items. ShinyRare is responsible for the fulfilment of the contracts concluded with the Users.

2.2 Direct contact between users via the platform is not permitted and not possible. The ShinyRare marketplace is anonymous for the respective users among each other.

2.3 In order to be able to use the services of ShinyRare, a free registration of the Users must be made at www.shinyrare.com (see point 3).

2.4 By registering, the user agrees to these Terms and Conditions.

2.5 Article and market analysis undertaken by ShinyRare are to be understood as an opinion of the same and are not considered as a recommendation to buy or invest.

3.Registration and conditions

3.1 Prerequisite for the use of the platform is the registration of the user by means of a user account. Registration is possible from the age of 18 and free of charge. Registration of persons under 18 years of age is not possible. The user is obliged to confirm his age of majority in the checkbox during registration.

3.2 There are three steps of registration, which differ according to the type of use desired. Step 1 enables the simple use of the platform. Step 2 entitles the user to make purchases on the fixed-price marketplace and to place bids in auctions. Step 3 is necessary to submit collectibles for sale or storage. Step 2 and 3 of the registration are only feasible if the respective step has been carried out before.

3.2.1 When registering for the simple use of the Platform, the user is obliged to provide the email address as well as the confirmation of his age of majority and residence in the EU for verification.

3.2.2 Within the scope of the registration for the purchase on the platform, the user is obliged to provide his name as well as the address for the verification of the delivery data.

3.2.3 If the user registers for the sale or storage, he is obliged to enter his bank data (account holder, IBAN, BIC and bank institution) for the verification of his bank account. The verification process of the bank data is carried out via the platform. After the user enters the data, the test transfer phase starts. For this purpose, ShinyRare transfers a cent amount to the user's bank account within 5 business days, specifying the purpose of the transfer. The successful transfer appears on the user's bank statement. The user enters the purpose and the amount on the platform. After the platform has checked the correctness of the entered data, the account is verified. After verification, the user is entitled to sell items or send them to the Vault, as well as to have any credit balance paid out.

3.3 The user undertakes to provide all data completely and correctly.

3.4 Delivery and purchase or sale are separate services that the customer can purchase. In case of purchase or sale, delivery is not included.

4. Submission and shipping

4.1 Submission is understood to be that process by which the ShinyRare user can announce his items on the platform for storage or sale via the fixed price market or auction and subsequently send them to ShinyRare via delivery service.

4.2 Submission is only possible with an active user account, entered delivery address and verified bank account. The submission is made by means of a submission form provided by ShinyRare. The user is obliged to provide information about the grading company, the grading ID and the insurance sum of the item to be submitted in the submission form.

4.3 Shipment of the user's items to ShinyRare will be invoiced. ShinyRare sells a shipping label to the user based on the data provided by the user in the user account and in the submission form. The User shall pay the invoice by means of a payment method offered on the Platform. The shipping label will be provided to the user by email after the payment is received on the account of ShinyRare. After packaging the item, the user will ship it to ShinyRare.

4.4 For sales over € 1,000.00, the user will be reimbursed for the shipping costs. If a User achieves € 1,000.00 through sales from this Submission in an auction that was started within 60 days after the digitization of his Submission, he will be reimbursed for the shipping costs. After automatic verification of the requirements by the platform, the user will be reimbursed for the shipping costs after invoicing.

4.5 The delivery service is exclusively DHL. ShinyRare will only accept deliveries which are submitted via the form on the platform and sent with the provided shipping label. Via [Link] the ShinyRare guide on the proper packaging for the delivery of the Items can be accessed.

4.6 The sender of an item to be sold must be the legal owner of the item.

5. Items and digitization

5.1 The user is obliged to submit slabs with trading cards and stickers in standard size only from the following grading agencies: PSA, BGS, SGC, CGC, GSG, CGS, PGS, AP, AOG, PCA, GRAAD. Slabs from other grading agencies are not eligible and will not be accepted.

5.2 The term of the service "Digitization" is understood to mean the acquisition, storage, and addition of the items to the online portfolio of the User of ShinyRare. This includes the production of high-resolution image material of the front and back sides of the items.

5.3 The digitised item is published in the user's account and is visible in the digital portfolio.

5.4 ShinyRare endeavours to represent the colours, features, specifications and details of the Products available on the Website as accurately as possible. However, ShinyRare does not warrant that the colours, features, specifications and details of the Products are accurate, complete, current or free from other errors. The electronic display of the users' terminal equipment may not accurately reflect the actual colours and details of the products.

6. Auction and procedure of the auction

Sale by auction

6.1 Users have the opportunity to participate in auctions on the platform. ShinyRare offers weekly auctions that start on Thursdays at 7pm and end 10 days later on Sundays at 7pm and then go into "Extended Bidding". Only those items that are marked for listing in the next auction by 11:59 p.m. the Wednesday before the auction starts are eligible for auction consideration. After 23:59, removal of items from the auction process by the user is no longer possible. All items in the auction start with the starting bid set for that particular auction.

6.2 When selling via auction, the user selects an item he wants to sell from the Vault and lists it with "List item in auction" in the auction process. The user chooses whether to list the item in the next auction or the one after that.

6.3 After the end of the auction, sale and payment of the item by the buyer, the item is moved in the Vault of the buyer. The purchase price will be transferred to the Seller within 5 days after the end of the revocation period. In case of non-payment of the purchase price within the 5-day payment period by the buyer, the item will be listed in the next available auction. The user who misses the payment will be restricted in his user rights (see point 13).

6.4 If an item does not receive a bid, it is automatically earmarked for the next auction. The user is entitled to remove the item from the auction process within 3 days and offer it for auction at another time. For this purpose, the item must be removed from the auction process before Wednesday, 23:59. The user is not obliged to offer the item for auction again.

6.5 If an item does not receive a bid in a total of 4 auctions, it may not be offered for auction again by the user. The user has the possibility to offer the item at the fixed price market, to have it sent to him with costs, to assign the item to ShinyRare or to store it in the Vault. The costs for the storage of the item are to be borne by the user.

6.6 In case of sale by auction, the Buyer is obliged to pay a buyer's premium of 20% of the purchase price to ShinyRare.

6.7 The Seller undertakes to sell the item at the highest bid. The sale shall be deemed to be completed when the item appears in the Buyer's Vault (Vault to Vault).

6.8 Payment must be made within 5 days using one of the payment methods offered on the platform. After receipt of payment, the 14-day revocation period within the meaning of § 11 FAGG begins. Payment shall be made automatically after expiry of the revocation period within 5 working days.

Buy via auction

6.9 The user has the possibility to bid on one or more items during an ongoing auction.. The highest bidder will be awarded the item after the extended bidding has expired. The buyer must transfer the amount within 5 days after invoicing. After receipt of payment, the item is moved to the buyer's Vault and the purchase is completed (Vault to Vault). The cancellation period begins.

6.10 If no receipt of payment is noted within 5 days after invoicing, the purchase will be cancelled and the buyer will be restricted in his user rights (see point 13).

6.11 It is possible for the user to submit a maximum bid. A first bid is made at the current price and a maximum bid is saved. If the current offer is outbid by another user, the ShinyRare system will automatically bid for the outbidding user until the previously set maximum bid is reached. The maximum bid is only visible for the respective user.

Extended Bidding

6.12 Extended Bidding is understood by ShinyRare as the increased bidding period at the end of an auction. During this time, users can only bid on those items they have previously bid on. This phase is based on time windows. When a new bid is placed, a new time window is unlocked. If an item receives no new bids in a time slot and the timer expires, the auction for that lot ends.

Bidding steps

6.13 The bidding steps in the auction are based on the current price of the item and follow the following scheme

Up to € 50,00                   € 1,00 steps

Up to € 100,00                 € 2,00 steps

Up to € 200,00                 € 5,00 steps

Up to € 500,00                 € 10,00 steps

Up to € 2.000,00              € 25,00 steps

Up to € 5.000,00              € 100,00 steps

Up to € 10.000,00            € 250,00 steps

Up to € 30.000,00            € 500,00 steps

From € 30.000,00            € 1000,00 steps

7. Fixed price market

7.1 The User has the opportunity to offer his items on the fixed price marketplace at a price determined by him. Price suggestions from other users are permitted. The fixed price marketplace is always live.

Sell at the fixed price marketplace

7.2 The User may press the "Sell" button on an item in his Vault to list it on the fixed price marketplace. The user must set a price for the item. The submission of price suggestions by other Users is possible and can be selected by the User.

7.3 After the sale of the item and receipt of payment from the Buyer within 5 days after invoicing, the item will be moved to the Buyer's Vault. The purchase is considered completed when the item appears in the Buyer's Vault (Vault to Vault). After that, the revocation period begins.

7.4 If after the expiration of the 5-day payment period no receipt of payment from the buyer is noted, the purchase will be cancelled and the item will be listed again and with the same conditions as before. In case of violation of the payment obligation, the user will be limited in his user rights (see point 13).

7.5 When selling via the fixed price marketplace, ShinyRare will charge the seller a brokerage fee (Sellers Fee) in the amount of 15% of the purchase price and will retain this upon payout.

Buy at fixed price marketplace

7.6 The Buyer is entitled to purchase the item at the price specified by the Seller or to submit a price suggestion to the Seller. The Seller must indicate whether a price suggestion can be made for an item before offering the item on the fixed price market.

7.7 In case of the option "Purchase without price suggestion" the binding confirmation of the purchase is made by pressing the button "Buy now" in the item view and by pressing the button "Buy now" in the modal window. After payment of the purchase price within 5 days, the item will be moved to the buyer's Vault (Vault to Vault) and the revocation period begins. After the expiration of the revocation period, ShinyRare will pay out the purchase price minus Sellers Fee to the Seller. If no payment is noted after the 5-day payment period has expired, the item will be listed for sale under the same terms as before. The non-paying buyer will be restricted in his user rights (see point 13).

7.8 With the option "Purchase with price suggestion", the interested user has the possibility to submit a price suggestion. The seller can accept or reject the price proposal. If the seller does not accept the price proposal, he is entitled to make a counteroffer. The buyer is entitled to accept the counteroffer or to submit a new price proposal. Users are entitled to submit three price proposals per item within two weeks.

7.9 Payment must be made within 5 days using one of the payment methods offered on the platform. After the item appears in the Vault, the 14-day revocation period within the meaning of § 11 FAGG begins.

8. Vault storage and devaulting

8.1 The user is entitled to store his items physically and digitally in the ShinyVault after purchase or for purely security purposes. The storage in the physical ShinyRare Vault takes place in a safe. The storage is insured.

8.2 No storage fee will be charged for the first 12 months from the date of purchase or submission and digitization of the item.

8.3 If the 12 months are exceeded, the user is obliged to pay a quarterly storage fee of € 3.00 per item to ShinyRare, which will be invoiced in advance on the 1st of each quarter.

8.4 Devaulting is understood by ShinyRare as the physical and digital removal of items from the ShinyVault.

8.5 Devaulting is not included in the purchase price or storage fee of the items and constitutes a separate service. The costs for this are borne by the User who wishes to remove the item from the Vault. Reimbursement of costs is not possible.

9. Shipping the items

9.1 The user is entitled to physically and digitally remove the items stored in the Vault at any time by way of devaulting (see Sections 8.4 and 8.5). After physical removal from the Vault, the item will be shipped to the respective user.

9.2 ShinyRare does not assume any shipping costs. The shipping costs will be charged to the user. These result from the value of the goods and the weight of the items to be shipped.

9.3 After ShinyRare has received payment for the shipping costs, the order will be processed and the items will be shipped.

9.4 ShinyRare is entitled to retain a removal fee from the user in the amount of 1% of the insured value of the item to be shipped. An exception is the case that the item was purchased from ShinyRare and has not been stored in the Vault for more than 12 months.

10. Withdrawal from the purchase and right of revocation

10.1 The user has the right to withdraw from a purchase or any other agreement concluded with ShinyRare without stating any reasons. The period for the assertion of the objection is 14 days, calculated from the moment the Consumer or a third party not acting as a carrier designated by the Consumer obtains possession of the goods. If the user only registers for the service "Storage in the Vault'' on the platform, the revocation period is calculated from the time of registration. In order to validly exercise the right of revocation, the user is obliged to send an explicit declaration to ShinyRare (in writing to ShinyRare GmbH, Brückenkopfgasse 1 /6, 8020 Graz, Austria or by mail to office@shinyrare.com). The declaration of withdrawal must be sent by the User to ShinyRare within the withdrawal period. ShinyRare provides the User with a withdrawal form for the written withdrawal (see below).

10.2 If the item is in the Vault when the purchase is cancelled and no service has been provided by ShinyRare (e.g. devaulting), the invoice will be cancelled and the reversal of the transaction will start. The buyer will be notified of the successful reversal by means of a message "Return successful, money is back in your account". ShinyRare is obliged to complete the reversal of the transaction within 14 days. Upon successful reversal, the item will be moved to the Seller's Vault and the item will be listed as before. The listing will take place on the fixed price market under the same conditions as before the purchase. In case of auction, the item will be automatically listed by ShinyRare for the next auction. The user has the possibility to change the automatic listing in his user account. Buyer and seller will be informed by ShinyRare about the process.

10.3 If the item has already been digitally and physically taken out of the Vault by the revoking Buyer after the purchase and has been shipped to him by ShinyRare, the revoking Buyer has to bear the costs for packaging and shipping himself.

10.4 ShinyRare does not provide a label service for the return shipment to ShinyRare. The user is obliged to arrange for the shipping by himself. ShinyRare provided the resigning buyer with ShinyRare's address, instructions on how to pack and insure the item to be shipped and the return ID as a shipment reference after successful resignation. The user must ship the packaged item in a way that allows tracking by means of shipping service provider and tracking number. The necessary tracking information must be provided to ShinyRare.

10.5 Upon receipt of the Item from the withdrawing Buyer, ShinyRare undertakes to inspect the Item for defects and possible tampering. In case of damage or other defectiveness of the item, ShinyRare reserves the right not to accept the revocation and to return the item to the Buyer within 7 days. Until the item is returned to the Buyer, the Buyer may contact ShinyRare Support (reachable at office@shinyrare.com) regarding justification of the damage to the item.

Revocation form

(If you want to revoke a purchase contract, please fill out this form and send it back to us).

To the 

ShinyRare GmbH

Brückenkopfgasse 1 /6

8020 Graz

Austria 

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

Ordered on (*)/received on (*)_______________________

Name of consumer(s)_______________________

Address of consumer(s)______________________

Signature of consumer(s) (only in case of paper communication)___________________________

Datum______________________________

(*) Delete where not applicable.

11. Rights of use

11.1 All media produced by ShinyRare in the course of digitization (video, photo, etc.,.) may be used by ShinyRare for purposes of fulfilment of the agreement.

11.2 The media produced by ShinyRare may not be used for commercial purposes of others.

12. Liability

12.1 Unless otherwise stipulated in the agreement, ShinyRare will only be liable for damages due to at least grossly negligent conduct or breach of the agreement. Liability for loss of profit or pure financial loss is excluded.

12.2 Each contracting party is responsible for the correct tax and fiscal treatment of the collected funds.

13. Rules, default of payment, measures in case of non-compliance

13.1 In case of a breach of one of the obligations imposed by the agreement by the User, ShinyRare reserves the right to take appropriate measures against the User. Violations of the obligations of this agreement are in particular violations of the obligations listed in section 6.3, 6.10, 7.4 and 7.7 as well as all cases of the law of default of performance, for example the default of payment of already purchased items. Additionally covered are shill bidding (provoked high bidding), sham transactions, submission of fake items, the use of bots, incorrect information of contact details or data concerning the item to be sold or purchased, unauthorised use of the platform.

13.2 As measures in case of violation of the obligations mentioned in 13.1, ShinyRare reserves the right to temporarily exclude the user from the services of ShinyRare. This includes in particular the temporary exclusion from auctions or the fixed price marketplace. Serious violations will result in the exclusion of the user from the platform and the subsequent blocking of the user account (see point 14.1 on extraordinary termination). In case of violations relevant under criminal law, ShinyRare reserves the right to file a report with the prosecuting authorities.

13.3 The affected user will be informed about the blocking of his user account by email. ShinyRare will inform the user which items are still in the Vault, the costs for the removal and the shipping to the delivery address saved in the user account of the affected user. In addition, ShinyRare will provide its bank details for the transfer of any costs incurred. After the affected user transfers the outstanding amount to ShinyRare, ShinyRare will ship the items to be removed from storage to the affected user within 5 days after receipt of payment and by providing a tracking number. As soon as ShinyRare has been informed about the delivery of the shipment to the affected user, the user account of the affected user will be deleted and they will be informed by email. A new registration of the deleted user is no longer possible. If the affected user raises an objection to the blocking of his/her user account, citing justifiable reasons, ShinyRare will decide at its discretion, taking into account all justifiable reasons, whether to lift the block. In this case, the user will be unlocked again for all functions on the platform.

13.4 The user grants ShinyRare a lien on the items stored by him in the ShinyVault in order to secure the claims arising from the contractual relationship. The amount of the claim results from the costs for the storage of the items for which the concerned user is in default. ShinyRare is entitled to realise the pledged item after threatening to realise it and informing the user about his outstanding claims, unless the user satisfies all outstanding claims within one month after the threat of sale. The pledged item shall be sold at the earliest 1 month after the threat of sale. Any surplus of the sales proceeds will be paid out to the customer.

13.5 The imposition of measures is at the discretion of ShinyRare.

14. Extraordinary termination

14.1 The right to extraordinary termination shall always remain unaffected. Extraordinary grounds for termination shall include, for example, qualified default in payment by the Customer or serious violations of these Terms and Conditions (see Section 13).

15. Data privacy

15.1 The security of the data has the highest priority. ShinyRare is responsible for the processing of personal data iRd the contractual services to be provided and processes personal data on the basis of Art 6 para 1 lit b DSGVO. Data of users of the website are stored and processed for purposes of the services listed under point 2. For payment processing via the online platform, personal data such as credit card number, IBAN, BIC, name and address are transmitted via the certified payment provider Stripe, Inc. via its protected SSL line, taking into account PCI guidelines; this is based on your consent, which can be revoked at any time. The data will not be passed on to third parties, unless this is necessary for the fulfilment of the contract.

15.2 If data processing is based on consent, the user is entitled to revoke his consent at any time by email, telephone or in writing. The revocation of consent shall not affect the lawfulness of the processing carried out on the basis of the consent until the revocation. The data will be processed for a further three years after termination of the contract for the purpose of defending any legal claims. Master data and data required for the collection of taxes will also be processed for seven years after termination of the contract on the basis of Section 132 (1) BAO. The user has the right to obtain information from the controller about the personal data concerning him or her, as well as the right to have the data corrected or deleted, or to have the processing restricted or to object to the processing, and the right to data portability. Furthermore, there is the right to lodge a complaint with a supervisory authority.

15.3 More detailed information on data protection can be found in the data protection declaration at (www.shinyrare.com).

16. Final clause

16.1 Deviations from these Terms and Conditions shall only be effective if they have been agreed in writing. Individual agreements made with the Customer in individual cases, including collateral agreements, supplements and amendments, take precedence over these Terms and Conditions. A written agreement or the written confirmation of ShinyRare will be decisive for the content of such agreements.

16.2 No liability is accepted for obvious typing or clerical errors on the www.shinyrare.com website.

16.3 All contracting parties expressly declare that they consider the relationship between their respective rights and obligations under this contract to be reasonable and therefore expressly and irrevocably waive, within the meaning of the provisions of § 935 of the Austrian Civil Code (ABGB), any right to rescind this contract on any grounds related to the relationship between performance and consideration (in particular on grounds of error or laesio enormis).

16.4 Should individual provisions of this Agreement be invalid or unenforceable, the validity of the remainder of the Agreement shall not be affected thereby.

16.5 Austrian law shall apply to the exclusion of the reference norms of the UN Convention on Contracts for the International Sale of Goods. Place of performance shall be Graz. The place of jurisdiction shall be the respective competent court in Graz.