Auction conditions

§ 1 STARENA auction

(1) STARENA is conducting a public auction under the domain

(2) It is the responsibility of the STARENA auction to be carried out


Schwarzseestrasse 14,

6370 Kitzbühel, Austria



(3) Digital and movable items are publicly auctioned via STARENA.

(4) STARENA is responsible for the content of the items in STARENA and is responsible for processing after the contract has been awarded. The legal relationships resulting from the auction of the items arise between the provider and the bidder.

§ 2 Registration

(1) Using the STARENA auction as a bidder requires registration. There is no entitlement to register and open a bidder account.

(2) Registration as a bidder is only permitted for natural persons and legal entities with unlimited legal capacity.

(3) The data requested by the operator during registration must be provided completely and truthfully. If the data provided during registration changes, the bidder is obliged to update the information immediately. The bidder account is personal and non-transferable.

(4) The bidder chooses a personal password when registering. This password must be kept secret and may not be disclosed to third parties or otherwise made accessible. If there are indications that the password has become known to third parties or that it is being used improperly, the bidder is obliged to inform the operator of STARENA immediately.

(5) It is prohibited to manipulate offers by using multiple bidder accounts or in collaboration with other users.

(6) The operator is entitled to revoke registration and to block bidders who violate the auction conditions. This regulation can also be applied analogously to providers.

§ 3 Procedure of the auction

(1) The duration of an auction is set to a specific period of time (auction period), measured based on the exclusively relevant STARENA system time. The end of the auction is displayed.

(2) The items posted in STARENA are offered at a starting bid. Some auctions may be subject to sales tax. This is expressly stated in the auction. In these cases, the legally owed sales tax is already included in the starting bid (gross amount).

(3) The bid (setting in STARENA) is an invitation to submit bids for the auction.

(4) The bidder's submitted bid is an offer to award the contract. He is bound by his commandment until it is extinguished by an effective, higher commandment.

(5) The highest bid available at the end of the auction will be accepted by the operator (award of the contract). The highest bidder will be informed by email that he or she has been awarded the contract. The operator is entitled to refuse to award a contract to bidders who have violated the auction conditions or who are blocked in accordance with Section 2 Paragraph 8.

(6) After the payment modalities have been announced, the highest bidder must generally pay the bid amount plus any shipping costs to the provider within ten days and collect the item (payment/collection deadline).

(7) The operator reserves the right to cancel an auction before the end of the auction period and not to accept incoming bids. Reasons for cancellation include, in particular, deterioration or loss of the item, an incorrect auction description or if a pledged item was triggered by payment.

(8) If an auction ends at a time when access to STARENA is not possible for all bidders for technical reasons, the operator can extend the auction period by up to 72 hours. If an auction ends at a time when access to STARENA is not possible for all bidders for technical reasons, an award incorrectly communicated by the system is invalid. The operator will inform the highest bidder at this point via email as quickly as possible. The item can be put up for a new auction; there is no entitlement to have a new auction carried out.

(9) Ownership of the auctioned item will be transferred step by step against payment and handover of the item.

§ 4 Warranty and liability exclusion

(1) The item on offer is clearly identified by a number (auction ID) and is identified by a description of its properties, at least one photo and, if necessary, an expert report and is auctioned as described in the text and images.

(2) In the case of § 1 Para. 3 b and 3 c, claims due to a material defect or a defect in law according to §§ 474 Para. 2 Sentence 2 BGB, 312g Para. 2 No. 10 BGB are excluded. The exclusion does not affect damages

Claims for damages caused intentionally or through gross negligence and for damages resulting from injury to life, body or health that are based on negligent breaches of duty. An intentional or negligent breach of duty is equivalent to that of a legal representative or vicarious agent. A revocation of the contract and the return of the item are also excluded according to §§ 474 Para. 2 Sentence 2 BGB, 312g Para. 2 No. 10 BGB.

§ 5 Transfer of risk; Picking up the things

(1) The risk of accidental loss and accidental deterioration of the item generally passes to the highest bidder when the contract is awarded. For items according to § 1 paragraph 3 letters b) and c), the risk of accidental loss or accidental deterioration passes to the highest bidder upon handover/shipment or upon delay in acceptance.

(2) The highest bidder must identify themselves and a third party authorized to collect the goods to the provider at the latest upon collection/shipping.

(3) If requested, a receipt will be issued for the bid amount paid, otherwise the bank statement is considered proof of proper payment. The provider will generally only issue an invoice in accordance with Section 14 UStG for auctions subject to sales tax. This is expressly pointed out in the auction (§ 3 Paragraph 2 Sentence 3).

§ 6 Data protection

The data protection regulations published on de apply. Upon request, the data protection regulations can also be made available in paper form.

§ 7 System integrity

(1) The contents of STARENA may not be copied, distributed or used or reproduced in any other way or only with prior consent.

(2) It is prohibited to use mechanisms, software or other routines when using STARENA that could impair or destroy its functionality in any way.

§ 8 Change to the auction conditions

(1) The operator can change the general auction conditions at any time and without giving reasons. The changed conditions will be published and announced on at least 14 days before they come into force. The operator will indicate any changes to the general auction conditions separately on the STARENA homepage or by email.

(2) Bidders can object to the changed conditions before they come into force by deleting the bidder account.

(3) When registering for the first time after the changed conditions come into force, these must be accepted. Refusal of consent is considered a contradiction and leads to the deactivation of the bidder's account.

§ 9 Choice of law clause

The legal relationships between provider and bidder are subject to Austrian law.

As of: January 17, 2024