General terms and conditions 

General terms and conditions

1. Scope

1.1 The following terms and conditions (T&Cs) shall apply to the use of the Internet portal www.roxstox.com (hereinafter referred to as "RoXstoX" or "the portal"). In particular, they govern the conclusion of the contract between you and RoXstoX, the registration process as well as the use of any other RoXstoX services. You must expressly accept these T&Cs as part of the registration process. Different T&Cs shall not be accepted, unless RoXstoX expressly agrees to their validity.

1.2 RoXstoX is operated by RoXstoX GmbH, Goethestrasse 65, 68753 Waghäusel, Germany.

1.3 These T&Cs also include the RoXstoX Privacy Policy including the description of the type, scope and purpose for collecting and using personal data in its most recent version, the RoXStoX principles, further guidelines/rules as well as the package description in their most recent versions.

1.4 The T&Cs also apply when accessing the portal from outside the Federal Republic of Germany.

2. Concept & philosophy

·      What is RoXstoX and who is it for?

RoXstoX is an online portal for music collectors which initially focuses on the genres of rock, pop & metal in all their facets. RoXstoX allows you as a user (hereinafter referred to as "user") to create and manage your own collections in a unique way.

Many collectible items are provided from a database and can be inserted into the collection. The growing number of users means more and more objects in the database, so completing your collections will get easier.

RoXstoX is a young platform, but with big ambitions. The portal allows you as collectors the opportunity to find exactly the object you are looking for. Using the portal will also give you the answer to one your most important questions: "What is my collection actually worth?"

·      StoXtrade

The portal also has an integrated auction platform (hereinafter referred to as "StoXTrade"), where you can offer individual items from your collections for sale, or buy items for your own collections. RoXstoX offers the ability to add articles from your own collection directly into StoXTrade, saving you time and additional costs. If the article is not yet in the database, it has to be added there first. Free users and members of the portal can use StoXTrade as long as they add the article to the database first.

In particular, linking StoXTrade to the database ensures that every single article is checked effectively by the portal operator.

·      SwapStoX

RoXstoX also has its own exchange platform (hereinafter referred to as "SwapStoX"). Here you can exchange your objects with objects from other members. Here too, only objects already in the database can be exchanged.

3. Availability

RoXstoX strives to make its website constantly available as far as is technically possible. However, maintenance, security or capacity requirements that lie outside the responsibility of RoXstoX may in particular lead to short-term malfunctions or temporary downtime for the website. In this respect, you acknowledge that the constant availability of the website cannot be guaranteed.

4. Registration

4.1 All services provided by RoXstoX, including SwapStoX (only for members with a value package or above packages) and StoXTrade (limited for “free users”*), can only be used after registering as a member (hereinafter referred to as: "member" or “free user”).

(*Only products that the seller has released for free users)

4.2 Upon successful registration, you also accept these terms and conditions of use.

4.3 The registration is made with your real name and complete address in one of the countries stated on RoXstoX. For further information regarding the details required for registration, please refer to our Privacy Policy

4.4 Multiple registrations by a single person are not permitted.

4.5 A member can be any natural person who is fully competent under the law. When registering, you must confirm that you are at least 18 years of age.

4.6 As members, you are obliged to always keep your registration data up to date and make any necessary changes.

4.7 You must inform RoXstoX of any changes to your membership data, especially your name, address or bank details.  If you do not provide this information or enter incorrect data during registration (especially an incorrect email address), RoXstoX shall have the right to withdraw the contract, if a contract has been concluded.

4.8 The member account (hereinafter referred to as "member account" or "account") is personalised. When registering, you must therefore enter a member name (hereinafter referred to as: "user name") and choose an individual password. You must always keep your password secret and take care to prevent unauthorised access to your account. There is no entitlement to a particular password. 

4.9 Premium members can make their member names visible or invisible. Invisible member names of premium members can neither be found via the search engine nor contacted via the message function. This means that, as a premium member with large and unusual collections, you can make them publicly accessible without constantly receiving exchange/purchase requests.

4.10 As a member, you will receive your own user profile when you register. Here you can add other information. The RoXstoX Privacy Policy determines which information will be published, which will remain "invisible", and which is voluntary.

4.11 You can log into your member account at any time by entering your email address and password.

4.12 As a member, you are liable for all activities undertaken using your member account, unless you were not responsible for the misuse.

4.13 The contract conditions will be stored after successful registration by RoXstoX and made accessible to you in the contract confirmation sent as an e-mail. We recommend you keep this email or print it out.

4.14 There is no entitlement to a conclusion of the licence agreement.

5. Conclusion of the contract

5.1 Upon successful registration as a member, a licence agreement for the selected subscription conditions is concluded between you and RoXstoX. The object of the contract is the provision of an Internet platform for collectors, as well as the use of all functions involved, including StoXtrade and SwapStoX.

5.2 You shall submit a legally binding offer by clicking on the "Order package" button in the last stage of the registration process. The contract is concluded only if RoXstoX accepts the offer by sending a subsequent confirmation email. Prior to the conclusion of the contract, you have the opportunity to re-examine the data specified by you, and if necessary to change it. The information provided in accordance with the data protection provisions is saved. In the confirmation email, RoXstoX shall summarise all details and contract information for you once again.

5.3 You can access your data or the details of your selected subscription in your account at any time.

5.4 The description of the package in addition to these terms and conditions including the accompanying package conditions is the basis for the conclusion of the contract. 

6 Right of cancellation for consumers 

Cancellation policy

Right of cancellation

You have the right to cancel this contract within 14 days without giving a reason.

The deadline for cancellation is fourteen days from the date of the conclusion of the contract.

To exercise your right of cancellation, you must inform us (RoXstoX GmbH Goethestrasse 65, 68753 Waghäusel) by means of a clear declaration (such as a letter sent by post, fax or e-mail) of your decision to cancel this agreement. You can use the attached example cancellation form, but this is not obligatory.

To meet the cancellation deadline, it is sufficient to submit the notice of cancellation before the deadline.

Consequences of cancellation

If you cancel this agreement, we shall refund all payments that we have received from you, without delay and at the latest within fourteen days from the day on which the communication regarding your cancellation of this agreement reaches us. We shall use the same means of payment you used in the original transaction for this repayment, unless expressly agreed otherwise with you; you will not be charged fees because of this repayment under any circumstances.

If you asked for the services to begin during the cancellation period, you shall be liable to pay us an appropriate amount which corresponds to the share of services offered prior to your cancellation of the contract in comparison with the overall scope of services specified in the contract.

Example cancellation form

(If you want to cancel the contract, then please fill out this form and send it back to us.)

To

RoXstox GmbH

Goethestrasse 65,

68753 Waghäusel, Germany

I/we hereby cancel (*) the (*) agreement concluded by me/us with regard to

the purchase of the following goods (*)/the provision of the following services (*):

Ordered on (*):

received on (*):

Name and address of the consumer(s):

_________________________

_________________________

_________________________

_________________________   _________________________

Place, date                                          Signature of consumer(s) (only when sending in paper form)

_________________________

 (*) Delete as appropriate.

7. User submissions and payment methods

7.1 The use of RoXstoX on the basis of the packages offered (with the exception of the free user package) requires the payment of a user contribution. The amount of each user contribution can be found in our package description. All prices include statutory value-added tax.

7.2 The payment for RoXstoX or as part of auctions on StoXTrade may be made using the following national and international payment service providers:

The following payment methods in particular are accepted:

1)  Payment by credit card

The payment date is the date on which the invoice is due and payable. If you select credit card as your payment method, an additional fee of 0% of the price shall be payable.

2)   Payment by PayPal

You will pay the invoice amount via the online provider PayPal. You must be registered there or first register yourself, authorise your access data, and then confirm the payment instruction to us. The applicable terms and conditions of PayPal are available at www.paypal.com. If you select PayPal as your payment method, an additional fee of 0% of the price is due.

3) Sofort Überweisung

You will pay the invoice amount via your bank's online banking service,   which you will be redirected to from the ordering process. Log on as usual, e.g. with your account Name and PIN, and authorise your payment, e.g. with a TAN. Your bank must participate in the Sofort Überweisung process. When you select Sofort Überweisung as your payment method, an additional fee of 0% of the price is due.

7.4 If you are in default of payment, RoXstoX is entitled to block your account and completely suspend the services until you have settled all outstanding payments or provided a corresponding security. RoXstoX is also entitled to refuse service if it is apparent after conclusion of the contract that the payment claim by RoXstoX is at risk because of your lack of ability to pay.

8. General obligations of members

8.1 As members, you are obliged to use RoXstoX exclusively in compliance with the law and in accordance with these terms and conditions. 

8.2 You are required to provide true, current and complete information during the registration process.

8.3 You may only use RoXstoX for private purposes. If a commercial use is intended, you must first contact RoXstoX.

8.4 You are obliged to ensure that access to RoXstoX is restricted only to you or authorised persons. You are in particular obliged to keep your access data (passwords) secret, and to notify RoXstoX immediately of any misuse of passwords or member accounts.

8.5 In connection with the use of the RoXstoX service, you may not carry out any unlawful acts, in particular:

·         storing, posting and/or transmitting content that is unlawful, harassing, libellous, obscene, or inappropriate in any other way in accordance with relevant legal provisions or according to RoXstoX, especially content that is pornographic, glorifies violence or is otherwise harmful to minors; 

·         storing, posting and/or transmitting content that infringes upon the rights of third parties, in particular patents, trademarks, copyright or ancillary copyright, other proprietary rights or personal rights; 

·         storing, publishing and/or transmitting content that you are not entitled to pass on;

·         storing, posting and/or transmitting content that contains software viruses or other information, files or programs designed to interrupt, destroy or limit the function of software or hardware or telecommunications equipment;

·         storing, posting and/or transmitting advertising, unsolicited bulk emails, promotional materials, chain letters, pyramid schemes or other advertising;

·         harassing, threatening, insulting, defaming anyone, be they a natural person, a legal entity or a company, or disparaging or discriminating against them due to sex, race, religion or beliefs, or otherwise causing inconvenience or claiming or spreading untruths about a natural person, legal entity or company.

8.6 RoXstoX is neither political nor religious. The portal is therefore no place for exchanging political or religious views.

8.7 RoXstoX reserves the right to immediately reject, block, delete or truncate content that is accessible via its service at its own discretion and without stating a reason or, if applicable, to publish it in another part of the service, particularly content we are made aware of by other members that violates these terms of use. 

9. Responsibility for content

9.1 All texts, in particular article descriptions, graphics, photos, videos, files, messages or other material ("content"), which are stored, published or transmitted by you using RoXstoX are fully and exclusively the responsibility of the member from which the content originated.

9.2 RoXstoX does not in principle monitor content that you save, publish and/or transmit via your services, and therefore accepts no liability for the correctness, appropriateness and quality of such content. You are aware that, by using the service, you may be exposed to content that is abusive, offensive or otherwise objectionable if the member responsible for this content does not respect the provisions of these terms and conditions of use or the relevant laws.

10. Measures due to legal violations or the violation of the terms and conditions of use

10.1 RoXstoX expressly reserves the right to take measures against members who, in the course of using the portal, have violated these terms of use and/or legal regulations or who have carried out such violations in the past.

10.2 The portal is controlled by mods, admins, guardians (internal RoxStoX control groups that monitor the portal) and portal masters, whose portal instructions must always be followed.

10.3 In selecting these measures, RoXstoX shall factor in the operating requirements of the portal, its own liability risks as well as the valid interests of any claimants and of the member (e.g. fault, severity of the violation, risks and user's opinion) in its decision. 

10.3. If RoXstoX becomes aware of evidence of breaches of the obligations of the member, e.g. by complaints from a third party, RoXstoX shall inform the member thereof. The sanctions that RoXstoX can impose on a member are:

  • issuing a written warning to the member calling for immediate cessation of the violation;
  • suspending, blocking or stopping individual services (e.g. StoXtrade or SwapStox) or content (e.g. reviews, forum posts, individual information) provided to the member on the portal;
  • restricting the member's use of the portal (e.g. forum block, limitation of the number of offers);
  • temporarily blocking the member;
  • excluding the member. 

10.4 When a service is stopped or a member account is blocked (temporary block or exclusion) due to the violation of a law or of these terms of use, the member shall be liable for the fees for the relevant service payable at the time of the end of the offering as compensation. Consolidation into a lump sum shall not affect any potential proof that a much lower or much higher damage has been caused. 

10.5. Members who have been terminated are prohibited from re-registering with RoXstoX and from using other member accounts.

10.6. RoXstoX is entitled, at its sole discretion, to remove offers from members on StoXTrade or SwapStoX that do not fit the overall presentation of the portal. Provided that the member has committed no breach of obligation, RoXstoX will cancel any payment incurred for the deleted offer or refund it to the member on request. 

11 Copyright, Intellectual Property  

11.1 Programs, designs, written works and databases belonging to RoXstoX are copyrighted. Any use outside the portal is prohibited without the express consent of RoXstoX.

11.2 You hereby acknowledge that all rights pertaining to the service and the respective labels, including any trademark, patent, copyright or licensing rights, are the sole property of RoXstoX.

12. Liability and indemnification

12.1 Claims for damages against RoXstoX on your part are inadmissible. Excluded from this shall be claims for compensation for loss of life, bodily injury, damage to health or for breaches of essential contractual obligations (cardinal obligations) as well as liability for other damages that arise from an intentional or grossly negligent breach of obligation by RoXstoX or a legal representative or agent of RoXstoX. Essential contractual obligations are those whose fulfilment is necessary in order to achieve the objective of the contract.

12.2 In the event of a breach of essential contractual obligations, RoXstoX shall only be liable for foreseeable damage that is typical for the contract if it was caused by simple negligence, except in cases of claims for damages due to loss of life, bodily injury or damage to health.

12.3 The limitations of the foregoing paragraphs shall also apply for the benefit of the legal representatives and agents of RoXstoX when claims are asserted directly against them.

12.4 You shall indemnify RoXstoX against any and all claims asserted by third parties against RoXstoX due to a right or breach of duty committed by you, unless you were not responsible for the breach of duty. This includes, in particular, claims due to or in connection with content that you save, publish and/or transmit as part of the RoXstoX services. Reasonable costs for legal defence (in particular legal fees), which RoXstoX demonstrably accrues because of the misconduct of a member are also to be refunded.

13. Term and termination

13.1 The contract has a term of one, three, six or 12 months for the basic, value and premium member packages respectively. The free user package is valid for an unlimited period and may be terminated with a notice period of 15 days to the end of the month. Details of the currently available packages can be found in the package description.

13.2 RoXstoX also offers you the possibility of ordering flat-rate periods, reducing the monthly package price. A flat-rate period has a minimum term of 24 months and is extended automatically at the expiry of the minimum term by one month at a time, unless terminated with a notice period of 15 days to the end of the month.

13.3 Both contractual parties are entitled to terminate the contract for good cause without notice. For RoXstoX, good cause particularly applies if

  • despite prior warning, you have repeatedly breached these terms of use. A warning is unnecessary in cases of particularly serious violations, where RoXstoX can no longer envisage the contract being adequately adhered to.
  • requirements of the legislator, a court or an authority reveal that the service can no longer be provided in this form or RoXstoX ceases to provide the service or its business activities.

14 Amendments to the terms and conditions

14.1 RoXstoX reserves the right to adapt these terms and conditions and the provisions included herein even after conclusion of the contract such that existing contractual relationships are affected.

14.2 RoXstoX will inform you of the changes in writing at least two weeks before the entry into force of the new conditions. You will have the opportunity to object to the amendments. In such an event, RoXstoX has an extraordinary right of termination. If no objection is given, the changes shall be considered as approved two weeks after receipt of the notification.

14.3 RoXstoX will inform you in this communication of the right to appeal and the effect of silence.

15. Applicable law, severability clause

15.1 The legal relationships between members and RoXstoX shall be governed by the law of the Federal Republic of Germany. For consumers, this choice of law applies only insofar as the protection afforded by the mandatory provisions of the law of the country of habitual residence of the consumer is not revoked (favourability).

15.2 If individual provisions of this contract are wholly or partially invalid or later lose their legal validity, the validity of the remainder of the contract shall remain unaffected. If this would represent an unreasonable hardship for a contractual party, however, the contract shall become wholly invalid.

16. Dispute resolution

16.1 The European Commission provide a Platform for online dispute resolutions, which you can find here http://ec.europa.eu/consumers/odr/

We are not obligated to be a Part of a dispute resolution process which is setup by an customer arbitration board.

Last updated: März 2017