General Terms and Conditions

The ChampSDA GmbH

As of 4. July 2022

Provider: The ChampSDA GmbH (hereinafter referred to as “ChampSDA”).

FN 579795 s of the commercial register of the commercial court Eisenstadt.

Media owner:

The ChampSDA GmbH
Industriegelände 8
7041 Wulkaprodersdorf

UID No:

1. Scope of application
2. The following terms and conditions are valid for all services of ChampSDA and regulate their use.
3. By registering on www.champsda.com the user explicitly accepts these terms and conditions as well as the privacy policy of ChampSDA.
4. From the completed 18 years of age, persons, are entitled to use achievements (services) of ChampSDA.
5. For commercial purposes, ChampSDA’s services may only be used with the express written consent of ChampSDA.
6. These general terms and conditions (“terms and conditions”) apply to contracts between us and the customer who uses our services through ChampSDA.

2 Registration and account access

1. On ChampSDA is the activation of content without registration possible.
2. To use further features, e.g. purchase, the user must register on the website and choose an access password for his user account. The user will receive a confirmation to his specified e-mail address.
3. The user commits himself in the course of the registration to truthful and complete information. In individual cases, ChampSDA reserves the right to check the information for accuracy. Additional pseudonyms are permitted.
4. ChampSDA is entitled to refuse a registration without giving reasons. There is no right to registration.
5. For the confirmation of the registration an email is sent to the email address indicated by the user. The registration process is considered complete only when the user calls the confirmation link contained in the mail or enters the received pin code on the platform.
6. After completing the registration, the user can make use of the services of ChampSDA.
7. The completed registration includes a contractual relationship between ChampSDA and the registered user, which is governed by the provisions of these Terms and Conditions and the Privacy Policy, which forms an integral part of these Terms and Conditions.
8. The use of the basic functions of the services (services) of ChampSDA is free of charge after the registration. The User must agree to the use of cookies in accordance with ChampDA’s Privacy Policy. These are used according to ChampSDA’s Privacy Policy for the additional use of cookies for marketing purposes and advertising.
9. We reserve the right to refuse an application for registration or an existing registration without giving reasons or to revoke it for the future. A revocation has no effect on contracts that have already been concluded but not yet fully processed. These are to be fulfilled by both parties.

3. Services
4. ChampSDA offers the user access to a central service: the platform belonging to ChampSDA, www.champsda.com.
5. Websites of cooperation partners, which integrate the service of ChampSDA (possibly also adapted to the graphic design of the cooperation partner).
6. The user, after prior registration on www.champsda.com, has the possibility to

• create a profile picture and upload it to his profile (the established photo guidelines apply)
  • to make purchases/sales in the store or to release assets for auctions.

4. ChampSDA is entitled, but without obligation, at its own discretion and without the consent of the user, to review the content created by the user for their compatibility with legal provisions and the terms and conditions of ChampSDA and, if necessary, to delete the affected content.
5. Due to possible technical developments of the existing internet, changes in legal regulations as well as further developments of own or third party products, ChampSDA is entitled to make changes to the services provided by it at any time.

 

 

4. Photo guidelines
5. ChampSDA provides guidelines regarding the uploading of photos to the user’s profile and to the public community areas, which the user must comply with. ChampSDA is entitled (no obligation) to delete photos uploaded by the user that contradict these guidelines at its own discretion and without the user’s consent.

5. Obligations, duties and rules of conduct of the user
6. In order to use all services of ChampSDA to the full extent, the user requires the current (browser) technologies and must enable their use (e.g. activation of java script, cookies, pop-ups).
7. The access data (password, user name) are subject to a strictly confidential treatment by the user and are to be protected against unauthorized access by third parties. These access data may not be disclosed to anyone, including employees of ChampSDA. If the user suspects that his access data (password, user name) have become known to third parties, he undertakes to change the password immediately and to inform ChampSDA accordingly. In case of passing on the access data (password, user name) to third parties by the user, he is liable for all damages caused by this. 3.
8. The user undertakes to use all services provided by ChampSDA in accordance with their provisions and not to take any actions that harm or endanger ChampSDA and/or other users. Furthermore, the observance of all instructions, recommendations, etc. also fall under the intended use, which ChampSDA provides on its website, in user manuals and/or other documents made available to the user upon conclusion of the contract or thereafter.
9. In the profile of the user, the input of personal data is done at the user’s own risk and responsibility. Input of personal telephone numbers, hyperlinks referring to such data or a personal e-mail address are not permitted in the User’s profile.
10. The publication of third party data is only permitted with their consent.
11. The user undertakes to comply with all relevant legal provisions (e.g. Criminal Code, laws for the protection of minors, Prohibition Act, Pornography Act, E-Commerce Act, Telecommunications Act, Copyright Act, Unfair Competition Act, Media Act, Basic Data Protection Regulation, any personal rights arising from other laws such as the Austrian Civil Code, etc.) when posting content.
12. The user further undertakes not to insult, threaten, harass other users and/or third parties and/or violate their (personal) rights.
13. Apart from possible consequences under civil and criminal law, the user must fully indemnify ChampSDA for damages of any kind whatsoever and for any claims of third parties of any kind whatsoever resulting from violations of the user’s obligations under § 5 of these terms and conditions.

6. Rights of use and copyrights
7. ChampSDA is the sole owner of the distribution, processing, reproduction and copyright rights, as well as the right of incorporeal transfer and reproduction of ChampSDA’s services and the content contained therein. The use of the services of ChampSDA as well as materials, contents, as well as brand and trade names mentioned therein is only permitted for the purposes mentioned in these terms and conditions.

7. Order process and contract conclusion
8. We offer SDAs (SDAs = Secure Digital Assets) to customers. A description of the items, the prices and any additional conditions that may apply are shown in detail on the website in the individual offers. The customer selects the items he wants on the website and places them in his shopping cart. After that, he can select the desired payment method in the checkout, after providing his data, and buy the selected items binding. 2.
9. The customer receives after receipt of his order by e-mail a separate, automated confirmation of its receipt. Such confirmation of receipt does not constitute acceptance of the offer. This takes place only through a separate, written or electronically transmitted order confirmation or sending the invoice.
10. After payment, the customer receives a link to the SDA and a certificate in the form of a URL (Uniform Resource Locator) on the GreenSafe, which due to its uniqueness confirms and guarantees the originality of the SDA.

8. Auctions
9. The use of our auction service is only possible after registration.
10. To ensure a smooth processing of online bids and administration, registration is required before the first bid.
11. Auction fees will be charged for auction objects brought in by the user (see price list).
12. ChampSDA has the sole right to accept items for an auction.
13. ChampSDA is entitled to refuse the acceptance of items without giving reasons.
14. The experts of ChampSDA describe the auction items with the respective care and conscientiousness and make the call prices accordingly.
15. If an item submitted by the user is put up for auction, it can be agreed with the submitter that the item will not be sold below a minimum price (limit).
16. The contractual relationship can be terminated by ChampSDA for good cause with immediate effect in writing or by electronic notification. An important reason exists in particular if

• the realization of the exploitation is impossible or unreasonable for ChampSDA for legal, moral, ethical, socio-political or business reasons, or
• there are doubts as to the required power of disposal of the Contributor, or
• the contributor has provided false information about his identity, the object of the auction or its origin, as well as any other circumstances relevant to the business.

9. Items remaining unsold at one or more auctions may be sold at the last call price or limit, also by private sale. This also applies to items of the same kind for which an increase is not to be expected based on the experience of the experts. If the objects presented in the sale remain unsold within a reasonable period of time (approx. 6 weeks), ChampSDA may further reduce the last sale price, unless the contributor has reserved the consent to do so.
10. ChampSDA reserves the right to reject bids without giving reasons. By placing his bid, the bidder confirms that he has verified that the item is in accordance with the item description. Bids below the starting price will not be considered. The contract is concluded by accepting the highest bid. In the case of online auctions, the item is awarded to the highest bidder at the end of the auction, unless otherwise stipulated in the auction conditions. If the minimum price agreed with the Vendor is not reached, no award shall be made. 11.
11. The purchase price (highest bid plus fees and all applicable taxes and duties) shall be due for payment immediately after the acceptance of the bid. The delivery and the transfer of ownership regarding the auctioned objects shall only take place after the complete payment of the purchase price including all fees, costs and expenses.
12. The buyer is liable for the complete and timely payment of the purchase price.
13. If the buyer does not or not completely fulfill his obligations from the purchase contract concluded with him and these terms and conditions despite a request for payment within the period granted to him, ChampSDA is entitled, without prejudice to any other rights, for itself and/or the transferor to either

• either to continue to insist on the performance of the purchase agreement and to require Buyer, in addition to the payment of the purchase price, to pay all interest, costs and expenses, including the costs of legal representation to enforce the performance of the purchase agreement, or
• withdraw from the purchase contract. In this case, ChampSDA reserves the right for itself and/or the contributor to demand compensation from the purchaser for the entire damage caused by the purchaser, which, after a covering sale, may result in particular from incurred fees, expenses, costs and losses of lower purchase prices, including all costs and expenses as well as the costs of legal representation, etc., or
• to re-auction the item for the account of the buyer.

14. ChampSDA guarantees at auctions the accuracy of its information about the object to be sold.
15. Other complaints and claims of any kind regarding the price or the condition of the auctioned items are excluded against ChampSDA.
16. If the buyer raises a complaint, ChampSDA is entitled to suspend the payment to the seller until the final settlement of the complaint.
17. In the event of a justified complaint by the purchaser, ChampSDA is entitled to finally refuse payment of the auction proceeds to the transferor in whole or in part or to reclaim from the transferor auction proceeds already paid out in whole or in part.

18 ChampSDA is not obligated to inform the contributor about the auction result on its own initiative. It is also not obligated to inform the contributor of the purchaser. ChampSDA does not assume any liability for the collectability of the purchase price.

19. The type and amount of the fees shall be determined and published in a fee tariff. The tariff of fees shall form an integral part of these Rules.
20. The time indicated online to place one’s bid is exclusively determined by the system clock of the ChampSDA website. The bidding time can be changed without prior notice.
21. ChampSDA does not assume any liability for damages caused by the fact that due to technical defects your bids are not processed or not processed in time and therefore not considered or not considered in time. We also assume no liability in case the system time of ChampSDA does not correspond to the official time.

9. Prices and terms of payment
10. The prices listed on the website are end user prices for the offered object including sales tax.
11. The price for objects is due immediately upon acceptance of the offer, that is, upon conclusion of the contract in full and without deductions.
12. We are entitled to change our prices appropriately. The adjustment can be both an increase in price and a reduction, depending on the change. The specific extent will take into account the change in the offer and the inflation that has occurred.
13. The payment of the price is possible with the payment providers indicated on the page.
14. The customer agrees that the invoice will be sent to him exclusively electronically by e-mail.
15. In case of default of payment by the customer, we charge the annual statutory interest on arrears in the amount of 4 percent per year. Furthermore, in the event of a culpable delay in payment, the customer agrees to bear all costs and expenses associated with the collection of the claim (reminder and collection fees), which were necessary for the appropriate legal prosecution.

10. Security SDA
11. SDA means Secure Digital Asset
12. The originality of each object of ChampSDA is guaranteed by generating for each object its own unique URL (Uniform Resource Locator), which the buyer receives after the purchase is completed (certificate).
13. In addition, all purchase transactions are secured in the form of backups.

11. Right of withdrawal
12. The customer has in principle the right to revoke the contract within fourteen days without giving reasons, unless an exception applies.
13. Revocation instruction

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the date of conclusion of the contract.

In order to exercise your right of revocation, you must inform us of your decision to revoke this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

Exceptions to the right of withdrawal

The right of withdrawal shall expire in the case of a contract for the supply of digital content not on a tangible medium if the Entrepreneur has commenced performance of the contract after the Consumer has expressly consented to the Entrepreneur commencing performance of the contract before the expiry of the withdrawal period and has confirmed his knowledge that, by giving his consent, he loses his right of withdrawal upon commencement of performance of the contract.

The right of withdrawal shall also expire in the case of a contract for the provision of services if the Entrepreneur has provided the service in full and has only started to perform the service after the Consumer has given his express consent to this and at the same time confirmed his knowledge that he will lose his right of withdrawal upon full performance of the contract by the Entrepreneur. In the case of a contract concluded away from business premises, the consumer’s consent must be transmitted on a durable medium.

12. Availability / Warranty
13. ChampSDA strives to constantly offer its services to users. Software updates, maintenance or due to certain circumstances (force majeure, technical problems of third parties), which cannot be influenced by ChampSDA and therefore cannot be solved by it, can lead to downtimes. In these cases, the user can not claim for damages and / or warranty claims.

13. Liability
14. ChampSDA is liable for the compensation of damages caused in connection with this contract by ChampSDA or its employees only in the event that damages were caused by gross negligence or intent, unless this violates mandatory law. However, the accompanying limitations of liability do not apply to compensation for personal injury.
15. Without prejudice to the limitation of liability, the liability of ChampSDA for loss of profit, loss of data, loss of assets or other consequential damages is expressly excluded.
16. For contents, which are spread by the user on the platforms of ChampSDA or for damage, which develops from it, ChampSDA does not take over adhesion.

14. Shutdown of the service
15. In the case of an economic threat to ChampSDA by the continuation of operations, ChampSDA is entitled to shut down the service, which is the subject of the contract, in whole or in part. If the security of users or ChampSDA is endangered, ChampSDA has the right to shut down the services as it were. Users will be informed by ChampSDA immediately if the above measures become necessary.

15. Sanctions

ChampSDA reserves the right to take the following steps if the user violates these terms and conditions:

1. Warning of the user
2. No publication of the user’s content
3. Temporary or permanent blocking of the user
4. Deletion of the user profile and termination of the contractual relationship

16. Change of these terms and conditions

1 ChampSDA has the right to change these terms and conditions at any time. The user will be informed regarding such changes either by publishing them on the platforms of ChampSDA or by sending an email about the changed terms and conditions to the email address of ChampSDA provided during registration. The user has the possibility, due to the changed terms and conditions, to terminate the contractual relationship with ChampSDA within a period of one month in writing and/or by deleting the user account. If the user does not terminate the contractual relationship within this period, the amended terms and conditions are deemed agreed.

17. Duration/termination of the contractual relationship
18. This contract is concluded for an indefinite period, by deleting the user account the user can terminate the contractual relationship at any time. On the other hand, ChampSDA is entitled to terminate the contractual relationship on its own initiative on the last day of each month, subject to a notice period of one month.
19. In addition, ChampSDA has the right to terminate the contract without notice by deleting the user account if there is an important reason for doing so.

18. Independent service providers
19. Services of so-called internet content providers (third parties), which are offered on the platforms of ChampSDA, are usually subject to other general terms and conditions and may be chargeable for the user. For these reasons, the user is obliged to inform himself about the general terms and conditions and fees of the third party provider before using services. When using the services of an Internet Content Provider (ICP), a contractual relationship regarding the offered services is exclusively between the ICP and the user, but not with ChampSDA.
20. ChampSDA does not assume any liability for the services of ICPs.
21. Confidentiality
22. Data of other users (name, address, phone number, messages…), which are obtained when using the platforms of ChampSDA, must be treated confidentially by the user. Without prior written consent of the other user, the user may not, in whole or in part, directly or indirectly, make data available to third parties.
23. ChampSDA and its users are subject to the obligation to comply with the Data Protection Regulation (DSGVO) and DSG (in the current version) and any other legal confidentiality obligations.
24. All aforementioned obligations shall remain valid even after termination of the contractual relationship.

20. Place of Performance / Place of Jurisdiction / Choice of Law / Contractual Language
21. Place of performance is Eisenstadt.
22. In case of legal disputes with consumers, the legal places of jurisdiction according to the Consumer Protection Act shall apply for consumers who have their domicile or habitual residence in Austria or who are employed in Austria.
23. Austrian law shall apply, to the exclusion of reference norms of international private law (e.g. IPRG, EVÜ) as well as the UN Convention on Contracts for the International Sale of Goods.

The language of the contract shall be German.

21. Partial Invalidity
22. In the event that individual provisions of this contract become legally ineffective, void and/or invalid in the course of their term, all other provisions shall not lose their legal effectiveness and validity. Accordingly, the contracting parties undertake to replace legally ineffective, void and/or invalid provisions. The new, replacing provisions must be legally effective and valid and should correspond in their effects to the replaced provisions in the best possible way.

22. Final provisions
23. All legally binding declarations underlying this contract shall be made in writing to the last known e-mail address of the respective other contracting party. A declaration shall be deemed to have been delivered to the respective contracting party if it is sent to the last notified e-mail address.
24. The headings chosen for the individual chapters are for convenience only and are therefore not intended for the interpretation of this Agreement.
25. The privacy policy of ChampSDA, which is part of these General Terms and Conditions, is shown under ‘Privacy Policy’. The user declares to have read and understood this privacy policy as well as to accept it in full.
26. The user agrees to receive messages for advertising purposes from ChampSDA or third parties who have been commissioned by ChampSDA for this purpose in accordance with Section 107 of the Telecommunications Act. In the notification settings, this consent can be revoked by the user at any time.