Terms & Conditions

1. General

https://www.paddlebattle.auction/ is an online auction platform (“Platform”) operated by brainbot GmbH, Mainz, Germany (“Paddle Battle”) on a non-profit basis, on which items, special events and vouchers for experiences and services of all kinds (“Lots”) are listed for auction (“Auctions”) to persons who have registered to participate and set up a bidder account (“Bidders”) on behalf of other companies, non-profit organizations or private individuals (“Consignors”).

Paddle Battle acts at the auctions in the name of and on behalf of third parties. The net auction proceeds are donated to charitable causes (“Impactful Project”) in accordance with the instructions, less a commission plus the applicable rate of VAT (“Commission”). These auctions are not subject to the German Trade Regulations.

Paddle Battle has no influence on the quality, safety or legality of the lots offered, as it does not examine the lots. The offers on the platform are made “as seen” and as described in the individual offer.

Paddle Battle auctions the displayed lots in the name and on behalf of the respective consignor, i.e. in the name of a third party and on their account. A purchase agreement is concluded exclusively between the respective Consignor and the Highest Bidder, with Paddle Battle acting only as an agent.

2. Registration and Member Account

Use of the platform requires registration as a Bidder. Registration is free of charge and involves creating a bidder account. Registration as a Bidder and participation in auctions requires agreement to these General Terms and Conditions. You have the option to save these Terms and Conditions on your computer and/or print them out. Registration results in a contract between Paddle Battle and the Bidder for the use of the platform (“Usage Contract”).

There is no right to the conclusion of a Usage Contract.

The information requested during registration must be provided completely and truthfully. Paddle Battle is entitled to exclude a Bidder from using the platform by blocking his bidder account, even without prior notification or warning, if he has provided incomplete or untruthful data (in particular a false or invalid email address) or if there is another important reason (see also § 7).

The bidder is obliged to immediately update the data provided during registration via his bidder account in the event of changes.

Minors are not entitled to participate. The bidder accounts are non-transferrable. Bidders are not entitled to maintain more than one bidder account.

3. Use of the Platform

Paddle Battle provides the platform with the functions described in these general terms and conditions free of charge.

After registration, the right to use the platform exists only within the framework of these terms and conditions and within the limits of availability. Paddle Battle is entitled to temporarily limit or discontinue the operation of the platform, especially if this is necessary for maintenance or with regard to the security or integrity of the platform or to carry out technical measures.

Bidders can terminate the user contract at any time. To do so, a message by email to hello@paddlebattle.auction is sufficient. Termination has no influence on ongoing auctions in which the bidder is participating at the time of termination.

Paddle Battle can terminate the user contract at any time with a notice period of 14 days. The right to block a bidder account according to section ‎2

of these Terms and Conditions remains unaffected.

4. Content of Offers, Auction Process, Conclusion of Contract, Notification and Payment

When Lots are placed on the platform for auction, the respective Consignor thereby submits a binding offer to conclude a contract for the purchase of these Lots. Paddle Battle determines a starting price (“Starting Price”) for the offered Lots in consultation with the Consignor, as well as a period within which the offer can be accepted by the Bidders (“Offer Period”).

The Consignor can choose between different auction methods as described below:

a. Open Ascending Auction

If the chosen auction method is “Open Ascending” all bids are publicly visible. A Bidder accepts the offer on the Platform, whereby Paddle Battle acts in the name and for the account of a third party, by placing a bid using the bid function. If the bidder becomes the current highest Bidder as a result of his bid, he will receive a corresponding confirmation email (if subscribed to) or message within the Platform. An existing bid expires if another Bidder places a higher bid for a lot during the bidding period. When the offer period expires, a contract for the purchase of the lot is concluded between the Consignor and the highest bidder at that time (“successful bidder”).

b. Sealed Ascending Auction

If the chosen auction method is “Sealed Ascending” all bids are hidden from other bidders and the Consignor. A Bidder accepts the offer on the Platform, whereby Paddle Battle acts in the name and for the account of a third party, by placing a bid using the bid function. All bids are encrypted and, therefore, if the bidder becomes the current highest Bidder as a result of his bid, he will NOT receive a corresponding confirmation. Only when the offer period expires, the highest bidder will be revealed and a contract for the purchase of the lot is concluded between the Consignor and the highest bidder at that time (“successful bidder”).

c. Open All Pay Auction

If the chosen auction method is “Open All Pay” all bids are publicly visible and all expired bids will be paid to the Impactful Project designated in the Open Donation Auction. A Bidder accepts the offer on the Platform, whereby Paddle Battle acts in the name and for the account of a third party, by placing a bid using the bid function. If the bidder becomes the current highest Bidder as a result of his bid, he will receive a corresponding confirmation email (if subscribed to) or message within the Platform. When the offer period expires, a contract for the purchase of the lot is concluded between the Consignor and the highest bidder at that time (“successful bidder”). All other bids expire and become a donation to the Impactful Project.

Note: Expired bids are not refunded!

d. Sealed All Pay Auction

If the chosen auction method is “Sealed All Pay” all bids are hidden from other bidders and the Consignor and all expired bids will be paid to the Impactful Project designated in the Open Donation Auction. A Bidder accepts the offer on the Platform, whereby Paddle Battle acts in the name and for the account of a third party, by placing a bid using the bid function. All bids are encrypted and, therefore, if the bidder becomes the current highest Bidder as a result of his bid, he will NOT receive a corresponding confirmation. When the offer period expires, a contract for the purchase of the lot is concluded between the Consignor and the highest bidder at that time (“successful bidder”).

IMPORTANT: All other bids expire and become a donation to the Impactful Project. Note: Expired bids are not refunded!

If an offer is deleted by Paddle Battle before the end of the auction (e.g. after indications of illegal offers), no contract shall be concluded.

The system time of the platform is decisive for the duration of the offer.

A contract is not concluded if the bid of the highest bidder does not reach the respective minimum price at the end of the offer period.

If the highest bid is invalid for legal reasons at the end of the offer period, a contract is concluded with the Bidder who has submitted the next highest valid bid.

If a contract is concluded between the Consignor and a Bidder, the successful Bidder shall receive an email notification (if subscribed to) or a message on the Platform from Paddle Battle containing all relevant information on the auction that has ended.

The price of the respective Auction is to be understood as the final price. Insofar as items are purchased in the context of an Auction, the final price also includes any delivery and shipping costs, unless the offer contains a note to the contrary. Shipments abroad are always subject to a charge. Any claims for defects must be asserted directly with the Consignor.

The provisions of these General Terms and Conditions may be supplemented in individual cases by more specific information and descriptions in the context of the respective auction. In the event of contradictions between the more specific information and the General Terms and Conditions, the more specific provisions of the respective auction shall take precedence.

If the successful Bidder purchases a Lot in the form of a service, they are obliged to identify themselves as the authorized party when using the service by presenting a valid official photo ID upon request.

5. Payment

a. Open Ascending and Sealed Ascending Auctions

The payment of the purchase price offered for a Lot by the highest bidder is due from the moment of receipt of the notification message about the successful bid. The payment of the purchase price shall be made directly to the account of the Consignor, quoting the Lot number. The relevant payment information will also be communicated to the successful Bidder in the notification message about the successful conclusion of the auction. Upon receipt of the payment, the Consignor shall inform Paddle Battle and pay the Commission to Paddle Battle and donate to the Impactful Project.

b. Open All Pay and Sealed All Pay Auctions:

The payment is made with each bid offered for a Lot. The payment by the highest bidder is due from the moment of receipt of the notification message about the successful bid and netted with that payment claim of the Consignor, quoting the Lot number. The relevant payment information will also be communicated to the successful Bidder in the notification message e-mail about the successful conclusion of the auction. Upon receipt of the payment, the Consignor shall inform Paddle Battle and pay the Commission to Paddle Battle and donate to the Impactful Project.

Payments made with expired bids will become a donation to the Impactful Project at the moment of receipt of the notification about the expired bid and netted with that payment claim of the Consignor, quoting the Lot number.

System Integrity and Disruption of the Platform

Bidders are prohibited from using tools in connection with the use of the platform that could impair the functionality of the platform. In particular, the use of automated data processing for the submission of bids (e.g. “Sniper” software) is not permitted.

Bidders may not block, overwrite, modify or otherwise interfere with the platform and/or its contents outside of the regular auction process.

It is not permitted to copy, distribute, use in any other way or reproduce the content stored on the platform without the prior consent of the respective rights holder, except for personal use in the context of participating in the auction.

The bidders shall archive the data and information stored on the platform, if they need it for purposes of preservation of evidence, accounting, etc., on a storage medium independent of the platform.

7. Sanctions, Blocking and Deletion

If a bidder violates the provisions of these General Terms and Conditions, Paddle Battle is entitled to take the necessary measures depending on the severity of the violation. These include, in particular, a warning to comply with the provisions, as well as the temporary or permanent blocking of the bidder's account or its deletion.

The right of Paddle Battle to terminate the contract without notice for good cause remains unaffected by the above rights, as does the right to claim damages from the bidder.

8. Data Protection

Paddle Battle stores and processes the data provided by the Bidder during registration and the data arising from the Bidder's use of the platform for the purpose of contract processing and execution. Only the information necessary for the execution of the usage contract and the auctions will be processed. Paddle Battle observes the legal regulations for the protection of the data of the Bidders when processing data. Further details can be found in the data protection declaration.

9. Liability of Paddle Battle Towards Bidders and Successful Bidders

Paddle Battle is fully liable according to the legal regulations for damages to life, body and health resulting from a culpable breach of duty by Paddle Battle, its legal representatives or agents.

Further liability claims against Paddle Battle do not exist, regardless of the legal nature of the claims made by the Bidder against Paddle Battle.

10. Taxes

The Consignor, Bidder and Project are all responsible for evaluating their own tax situation and paying their own taxes, including VAT, if any.

11. Final Clauses

This contract is subject to German law excluding all references to other jurisdictions and international agreements.

If the successful Bidder had his residence in Germany at the time of registration and opening of his membership account and has either moved it at the time of filing or his whereabouts are unknown at this time, the place of jurisdiction for all disputes is the location of our company in Mainz. If the successful bidder is not resident in a member state of the European Union, the courts of Mainz shall have exclusive jurisdiction for all disputes. This shall also apply if the successful bidder is a merchant, regardless of his place of business or usual place of residence.

Paddle Battle reserves the right to change these General Terms and Conditions at any time with immediate effect if such changes are deemed reasonable with due regard to the interests of the bidders. In this case, Paddle Battle will send the changed conditions to the bidders by email at least four weeks before they come into effect. The amended General Terms and Conditions shall be deemed accepted if a bidder does not object within four weeks of receipt of this email. Paddle Battle undertakes to separately inform the bidders in the email in which the amended General Terms and Conditions are made known to the bidder about the legal consequences, in particular the significance of the deadline.