Terms & Conditions - Used4Fans

Preamble

U4F Marketplace GmbH operates an online platform (Used4Fans) that facilitates the trading of items, whereby the item typically originates from a person (Star) who enjoys a special level of recognition, popularity, or emotional significance among other users (Fans). Used4Fans itself is neither a contracting party nor a buyer or seller of the items offered via the platform. Listings can be viewed by visitors to the platform even without a user account.

For ease of reading, the Terms and Conditions do not use all grammatical forms for all gender identities.

Definitions

Applicability

The use of this online platform is subject to these Terms and Conditions. By registering in accordance with Section 4, the user expressly accepts these Terms and Conditions as well as the Privacy Policy.

Used4Fans does not recognize any terms and conditions of the user that conflict with or deviate from these Terms and Conditions, unless Used4Fans has expressly agreed to their validity. Acts of contract performance do not constitute consent to contractual terms that deviate from these Terms and Conditions.

Used4Fans reserves the right to unilaterally amend these Terms and Conditions at any time. Used4Fans will inform the user of such changes 30 days prior to their effective date by sending the amended Terms and Conditions to the email address provided during registration. The change entitles the user to terminate the contractual relationship in writing within a period of 30 days. By using the website after the expiration of this period, the user agrees to the new terms.

Eligibility to Use the Platform

The platform is not intended for use by persons under the age of 18.

The platform may be used by both private and commercial users.

Registration

Visitors to the platform can search for and view items in the catalog, as well as read the forum and other user-generated content, including news and other information published on the platform.

Registration is required to buy or sell items on the platform and to use the services offered. Users must create a user account and log in with their personal information. During registration, users must provide truthful, accurate, current, and complete information. It is recommended that users regularly maintain and immediately update their account information to ensure its accuracy and completeness. Registration is done via the user’s Facebook, Google, X, or Apple ID profile. This serves to identify the user each time they access the platform.

To protect the user account and ensure the safety of other users, Used4Fans reserves the right to regularly review the information provided or to request that users answer questions, provide additional information, or undergo verification processes (“security procedures”). These security procedures are intended to ensure that only the registered user has access to the user account and that transactions are carried out exclusively by them. The security procedures are designed to be appropriate and proportionate to the security objectives pursued.

The user may terminate the user agreement with Used4Fans, which is concluded for an indefinite period upon registration, at any time free of charge.

Listing Rules

Before posting a listing, users are required to verify that the item being offered is not a prohibited item.

The following items may not be offered on the platform

• Items that infringe on the intellectual property rights of third parties,
• Items that promote or depict violence, discrimination, hate, crime, terrorism, and terrorist organizations and/or child pornography,
• Any type of currency replicas, as well as items related to the production of currency,
• Stolen items,
• Items that the seller is not authorized to sell,
• Firearms and other weapons,
• Explosives,
• Pepper sprays, Tasers, and similar items,
• Drugs and drug paraphernalia, ingredients for growing drugs (such as cannabis seeds),
• Nazi or fascist uniforms, as well as items displaying Nazi or other fascist symbols, or items associated in any way with Nazi ideology;
• Official uniforms, insignia, accessories, or other items belonging to the armed forces, police, or other emergency services, as well as insignia and names of international humanitarian aid organizations (whether separate or on clothing; exceptions: vintage uniforms and accessories, provided the items are at least 10 years old, are no longer used in this manner, and do not resemble a current uniform; as well as costumes)
• Items that are (otherwise) prohibited by laws or regulations,
• Prescription and over-the-counter drugs and medications, professional medical supplies, vitamin supplements, dietary supplements, and any other health products, medical devices (including functional implantable medical devices) and in vitro diagnostic devices,
• Tobacco products such as cigarettes, cigars, pipes, or e-cigarettes, vaporizers, or other vaping devices and accessories,
• Samples, test products, or promotional items that are not intended for sale,
• Any type of currency,
• Any type of food (food and beverages),
• Items promoting credit services, money-making schemes, and gambling,
• Animal skins and items made from animal skins, natural shells and seashells, ivory, or items made from exotic skins such as ostrich, karakul, camel, or reptile skins, as well as all other items containing products prohibited by international agreements restricting trade in endangered plants and animals. Note: Items made of leather, shorn sheep’s wool, cashmere, and mohair are permitted,
• Live animals and pets,
• Bedding, wood shavings, paper pellets, and similar products for pets,
• Electronics and high-tech products (e.g., grooming devices, cameras and monitors for pets, electronic equipment for aquariums and terrariums, cell phones, computers, PC components, laptops, tablets, software keys, computer monitors, TVs, speakers, video and audio electronics, digital and analog photo and video cameras, power banks, phone chargers, washing machines, dishwashers, irons, and vacuum cleaners),
• tattoo and piercing machines,
• tanning beds and massage tables,
• sports equipment, such as bicycles, skis, yoga mats, snowboards, weights, and similar products,
• musical instruments, such as guitars, violins, and keyboards;
• Furniture (such as lamps, tables, and chairs), as well as furniture parts and certain decorative items (such as statues, Christmas decorations, wall hangings, decorative figurines, magnets, and real and artificial flowers) or home accessories, garden equipment and tools (such as lawn mowers and flower pots),
• power tools,
• fishing equipment and tools (e.g., fishing rods and bait),
• craft supplies (such as fabrics, yarns, and threads), outdoor equipment (such as tents, sleeping bags, flashlights, pools, and umbrellas),
• mattresses,
• kitchenware,
• e-books, audiobooks, e-readers, and books without an ISBN,
• Event tickets,
• gift cards, discount codes, and subscriptions,
• Empty dust bags, packing boxes, wrapping paper, paper shopping bags, gift boxes, and moving boxes,
• Surprise boxes and bags, as well as beauty boxes,
• Video games with loot boxes,
• Items with age ratings that are missing the required age restriction label,
• Items subject to country-specific censorship or other restrictions due to the nature of their content,
• Games, coupons, and keys in digital form,
• nets and traps for catching birds,
• Laundry detergents, fabric softeners, cleaning chemicals, and similar products,
• Class 3 and higher laser pointers;
• Recalled products (items that have been recalled by the manufacturer or public authorities in the EU or at the national level for safety or other reasons)

Ad placement

Registration with the payment service provider

Users who list an item for sale (sellers or Star) must create an account with the payment service provider Stripe (website: Online Payment Service and Payment Service Provider | Stripe) before posting an ad. To use the service, the seller must accept Stripe’s Terms of Service and Privacy Policy (Privacy Policy) when posting the ad. It is not possible to place ads without registering with Stripe.

By placing an ad, the seller enters into a contract with Stripe regarding the processing of the payment. The seller acknowledges and agrees that they have reviewed and accessed the Prohibited Items List (describing restricted and prohibited transactions), which can be viewed at Restricted and Prohibited Transactions | Stripe, and that they accept and comply with it, and will ensure that they neither offer nor sell such items through the Stripe service.

The following mandatory information must be provided when registering with Stripe:

• First Name,
• Last name,
• Gender or preferred title,
• Email address,
• Address,
• Date of birth,
• Phone number, and
• IBAN.

Registration with STRIPE is not possible without filling out the required information.

In a subsequent step, the seller must have their identity verified as part of a validation process. This occurs when the seller accesses the validation feature, photographs both sides (front and back) of their ID card, takes a photo of themselves, and uploads these images.

The verification of the uploaded photo ID is performed automatically and software-supported by STRIPE. Processing is only possible if the uploaded document meets the following requirements:

• File format: JPG, JPEG, PNG, or PDF (max. 2 pages)
• File size: At least 100 KB (at least 1 KB for PDF), maximum 4 MB
• Image quality: Full color, straight, complete (no parts cropped), and taken directly from above
• Presentation: The front and back must each be uploaded as a separate file

Listing Items

Listing items is only possible if the Star has a social media profile and that social media profile is linked accordingly.

After creating a Stripe account, the seller must ensure that the listing pertains to a permissible item. The seller must comply with the catalog rules described in Section 5 of these Terms and Conditions at, as well as Stripe’s catalog rules.

The seller must describe the item truthfully and completely (including any defects, if present). Only images and text created by the seller may be used, or the seller must ensure that the necessary rights to use the images and text have been obtained. Content that infringes on the personal rights or intellectual property rights of others is prohibited.

The agreed condition of the item is determined by the item description in the listing and the photos provided.

The seller is required to state the price for the item being offered, with shipping costs to be borne by the buyer listed separately. The fee for using the platform is automatically added to the total amount.

The seller is solely responsible for the content and legal admissibility of the listing and undertakes to carefully review and comply with applicable laws and the rights of third parties.

If the warranty obligation for the item offered is excluded, this must be explicitly stated in the ad text.

Commercial users are specifically obligated to comply with the relevant consumer protection regulations—in particular those of the FAGG and the KSchG—before the consumer submits the contractual declaration.

Price, Special Pricing

Prices are fixed, and the buyer may not propose a price that differs from the item price shown in the listing.

The price consists of (i) the price set by the seller for the item; (ii) shipping costs; and (iii) the fee for using the platform. The fee is based on the available price list. Shipping costs are shown separately, added to the set price, and are to be paid by the fan.

The used items offered on the platform may be offered at prices above the usual market value, particularly if they originate from specific individuals who enjoy special recognition, popularity, or emotional significance within a particular circle (such as public figures, creators, or other highly sought-after personalities). Due to their fame or dedicated fan base, these stars are able to offer their items at higher prices than comparable products on the market.

The pricing of such items is not based on objective market value criteria, but is largely determined by the sentimental or personal value that fans attribute to the item based on the fact that it was previously owned by the celebrity. The celebrity’s special significance and the fans’ emotional attachment lead to these items being purchased at a higher price than usual. The platform merely provides the technical infrastructure to facilitate such transactions without influencing pricing.

Users are expressly informed that these offers consist of items whose value is determined individually, and whose pricing may deviate from the general market value. Buyers must expect that the price is significantly influenced by the seller’s fame and popularity. Claims related to a reduction of more than half pursuant to § 934 ABGB are therefore excluded—to the extent permitted by law.

Neighboring Rights

By posting or uploading an advertisement (for example, through self-entry or a data interface), the seller, either on their own behalf or on behalf of the rights holder, grants Used4Fans an exclusive, transferable, and perpetual right of use. This right encompasses the use of the content of Used4Fans and its partners without any temporal or geographical limitations. In particular, this right of use entitles Used4Fans to distribute, modify, edit, publish, and make the content publicly available.

Used4Fans is entitled, but not obligated, to take action in its own name against unlawful infringements of the transferred rights of use and, if necessary, to assert corresponding claims in court. The Seller undertakes to support Used4Fans to the best of its ability in defending against such infringements. The Seller must immediately notify Used4Fans in writing of any claims by third parties asserted against the Seller.

Conclusion of Contract

Contracts are concluded exclusively between the users, with Used4Fans serving as the online platform and Stripe as the payment service provider.

Used4Fans is therefore not liable for the conclusion or non-conclusion of a contract between users, nor for the specific success of a listing.

The offered item is sold or purchased after the buyer has selected the item, added it to the shopping cart, clicked the “Buy” button, and the payment has been accepted by Stripe.

Immediately after clicking the “Buy” button, the buyer receives an automated order confirmation via email.

Commercial sellers are subject to the information obligations under § 5 ECG and § 63 GewO.

Payment

Payment is processed exclusively through the payment system operated by Stripe. Used4Fans does not process the payment. Used4Fans assumes no liability for any acts or omissions by Stripe in connection with the payment processing. Since payment processing does not take place through Used4Fans accounts, Used4Fans does not have direct access to the purchase price at any time.

The total price may be paid by credit or debit card, as well as via other payment methods available on the platform. If a user provides a payment method for which there is suspicion that they are not the authorized user (for example, a third party’s card), they may be asked to provide appropriate proof that the payment method is indeed economically attributable to them or that they are authorized to use it. This also applies to payments related to additional services.

The total amount paid is deposited into or “held” in an escrow account managed by Stripe. Once the transaction is initiated, Stripe accepts the payment on behalf of the seller and holds the amount in escrow for later disbursement.

For the buyer, the use of Stripe’s payment service is free of charge (excluding any fees charged by the delivery service, such as for improperly sized packages or failure to mark items as “fragile”). The seller bears the service fees, the amount of which is disclosed to the seller during the ordering process—before the seller purchases the item.

The buyer must pay the total amount—consisting of the purchase price and any service fees—as a single payment. Partial payments are not permitted.

Once payment has been successfully processed, withdrawal from the purchase agreement or cancellation of the payment is no longer permitted.

The payment is credited to or “held” by Stripe in the escrow account assigned to the respective seller. However, the seller does not have free access to this account.

Only once the transaction is completed and the shipment has been accepted by the buyer (see Section 12) will the purchase price, including shipping costs, be paid out to the seller.

Shipping, Transfer of Risk

Once the purchase price has been credited to the seller’s escrow account, the seller is required to hand over the item to the shipping provider within 3 (three) days. The seller is free to choose which shipping service or provider to use. Used4Fans does not provide shipping services.

If the seller selects a shipping provider with which Used4Fans has a contract, they can choose the desired provider in the “Accept Order” menu. The seller is obligated to package the item appropriately for shipping.

The seller is obligated to observe and comply with the size chart as well as the specific shipping guidelines of the selected shipping provider.

Immediately after shipping, the seller must provide the corresponding tracking number via the platform. Once the seller has entered the tracking number, the buyer will receive a shipping confirmation via email, including the specified tracking information.

If the seller does not hand over the purchased item to a shipping provider within a maximum period of 3 (three) days, the purchase price, including shipping costs, will be refunded to the buyer by STRIPE and the contract will be rescinded. In this case, there are no further claims between the buyer and the seller. However, withdrawal from the contract is no longer possible if the seller has already handed the item over to the shipping service provider within the 3 (three) days.

The buyer is liable for the loss of the package as well as for any damage to the item during transport after the package has been handed over to the shipping service provider for shipment.

Complaints

The buyer has 24 hours from receipt of the package to file a complaint regarding the item received by clicking the “Complaint” button. This will block payment of the purchase price to the seller beyond this period until further notice.

If no complaint is filed within 24 hours, the product is deemed accepted and the purchase price is paid to the seller.

In the event of a timely complaint, the buyer has the opportunity to contact the seller via the Used4Fans messaging system within 5 (five) days and, within the same period, to clarify any misunderstandings and reach a mutually agreeable solution.

If the buyer and seller reach a mutual agreement within the specified time frame, they must notify Used4Fans immediately.

In the event of an agreed price reduction or partial refund, users must specify in writing the amount to be paid to the seller; submitting a screenshot of the conversation clearly showing the agreement is sufficient. The difference will be refunded to the buyer. If there is no clear indication or if there is a disagreement regarding the distribution via, the platform reserves the right to withhold payment in whole or in part until the matter is clarified.

Stripe will process the payment exclusively in accordance with the agreement confirmed by both users or, if applicable, the agreement evidenced in accordance with Section 12.5.

If no agreement is reached between the users, the buyer may request a decision by the platform within the same 5-day period by clicking the “Request a decision by Used4Fans” button. After filling out the required fields (for a detailed description of the issue), the buyer can submit the request, which will be forwarded to Used4Fans.

Used4Fans’ decision is based exclusively on the information provided. Used4Fans reserves the right to request additional information from the users prior to deciding on the payment of the purchase price in order to make a decision that is as objective and transparent as possible. There is no entitlement to a specific decision. Used4Fans is not liable for the quality or for the conformity of the delivered goods with the description, but acts solely as an intermediary between users. Users (buyers and sellers) are themselves responsible for providing the necessary evidence.

The decision made by Used4Fans is purely a recommendation and is in no way binding. It does not give rise to any claims against Used4Fans or other users. If a user is dissatisfied with the decision or recommendation, they are of course free to bring the matter before the courts (see also Section 20). Any civil claims exist exclusively between the buyer and the seller; Used4Fans is not a contracting party in this context.

If, following a complaint, the buyer does not take any further steps to resolve the matter within 5 (five) days and does not request a decision from Used4Fans, the complaint is deemed invalid, and the purchase price deposited in the escrow account will be paid out to the seller by Stripe.

Reviews

After a transaction is completed, buyers and sellers may post reviews of each other on the platform. To this end, the buyer receives an e mail with the option to submit a review. Neither the users nor Used4Fans receive any compensation for online reviews.

A user’s review of another user must always be honest. Lies and insults are not permitted.

Used4Fans does not review ratings before they are published by users on the platform. In accordance with its legal obligation as a host provider, Used4Fans removes illegal content that has been properly reported. In the case of grossly offensive and, where applicable, criminally relevant (disgruntled) statements, Used4Fans will also take the measures provided for in Section 19.4 against the respective user.

Private Messages

Direct messaging between buyers and sellers via the platform is generally not provided.

Contact may only be made in the event of a complaint following the sale and delivery of the goods. In such cases, the buyer may communicate with the seller via the platform as part of the designated buyer-seller resolution process. No other form of direct contact outside of this process is permitted.

Availability / Warranty

Used4Fans does not guarantee the continuous availability of the services.

Downtime due to maintenance work, security measures, capacity adjustments, optimizations, or technical malfunctions cannot be ruled out.

Liability

Used4Fans merely provides the platform and is not obligated to review listings or user content in advance for legality or infringement of third-party rights. Used4Fans assumes no liability for any transmission errors or display errors in the listing.

Users agree to comply with applicable laws and respect the rights of third parties—in particular, but not limited to, copyright, trademark, and data protection rights—when using the platform, and not to disseminate any illegal, inaccurate, misleading, or offensive content (such as violence, pornography, or discrimination). Users must also refrain from inciting third parties to commit criminal offenses.

Transactions take place exclusively between the buyer and the seller. Used4Fans is not responsible for content published by users and is not liable for item descriptions, condition, quality, or conformity of the goods offered. Users are solely responsible for any disputes arising from such transactions, unless such disputes are based on a breach of Used4Fans’ obligations.

Users may report allegedly illegal content or violations of their rights (such as counterfeits, insults, or privacy violations) to Used4Fans via the reporting form or the contact form.

If a user or visitor reports misconduct by another user to Used4Fans, Used4Fans may offer assistance to the affected user. Used4Fans will also cooperate with local authorities as needed.

Illegal or otherwise objectionable listings that are properly reported will be removed within a reasonable time. In cases of serious violations, particularly content

• that condone crimes against humanity,
• that incite racial hatred and/or violence and/or terrorist acts,
• involve child pornography or other sexual offenses,
• that are otherwise extremist and/or illegal in any way, or
• that endanger the safety of users or the website

The account in question may be suspended without prior notice (see also sections 19.3 and 19.4).

Used4Fans is not responsible for users’ tax or reporting obligations in connection with their sales on the platform. These obligations rest solely with the users.

Used4Fans takes appropriate technical and organizational measures to protect the data provided by users. However, unforeseeable events (such as cyberattacks) cannot be completely ruled out. Users are therefore obligated to take appropriate protective measures themselves.

Used4Fans is not liable for damages incurred by the user resulting from the misuse of data transmitted to third parties.

To the extent that Used4Fans can be held liable for damages under applicable law, liability is limited to cases of intent and gross negligence. Any further liability, in particular for damages resulting from slight negligence, atypical damages, lost profits, intangible damages, defects, consequential damages arising from defects, and damages to third parties, is excluded. Used4Fans’ liability is limited to the amount of the respective purchase price of the item. The user bears the responsibility for proving any fault on the part of Used4Fans. Claims for damages must be asserted in writing within 6 (six) months, failing which they shall lapse, unless mandatory statutory provisions (such as those of the Consumer Protection Act) preclude this. Any liability of Used4Fans is in any case limited to EUR 500.00 (in words: five hundred euros 0/100) per user per calendar year.

User Obligations

Used4Fans strives to ensure the secure use of the platform. However, the responsibility for maintaining a trustworthy environment lies primarily with the users’ conduct. Users agree to comply with all provisions of these Terms and Conditions, particularly those in this section.

Users are obligated to

• provide accurate and complete information during registration;
• maintain only one account (unless the previous one was compromised by a third party and Used4Fans was informed);
• not to publish any illegal, deceptive, misleading, or harmful content;
• describe items accurately and completely and not list counterfeit or prohibited items;
• not to infringe upon the rights of third parties (such as copyrights, trademark rights, or personality rights);
• to treat information and data received in the course of using the platform as confidential;
• not to upload any content that is derogatory, glorifies violence, is discriminatory, extremist, or otherwise prohibited;
• not to use any software, programs, or automated systems (such as crawlers or scraping tools) or to copy or exploit content from the platform without consent.

The publication or sharing of content, photos, or data that infringes on the rights of third parties or violates laws or public decency is prohibited. This applies in particular to content with violent, pornographic, racist, or extremist references. The use of the platform for illegal advertising or linking is also prohibited.

The collection, storage, publication, or disclosure of user data is permitted only if done lawfully and does not infringe upon the rights of third parties. Users are obligated to use the platform’s own sharing function.

The user is obligated to treat their login credentials as strictly confidential and to protect them from third parties. Used4Fans must be notified immediately if unauthorized access is suspected.

All personal details and item information must be kept up-to-date and accurate.

By using the platform, the user warrants that

• they are at least 18 years old and legally competent,
• they use the platform exclusively for private purposes,
• each order is legally binding and, where applicable, the user is obligated to pay the purchase price, shipping costs, and fees for additional services, and
• he is aware that breach of contract may result in damages to sellers.

Termination of the Contract

The user may terminate the contract concluded between the user and Used4Fans through registration at any time by deleting their account.

Upon termination of the contract, the user loses access to the information provided or generated by them. The user’s statutory rights, particularly with regard to data protection, remain unaffected by this provision.

Rights of Used4Fans (Suspension, Restriction of Accounts) Remedial Measures

Used4Fans reserves the right to restrict user accounts or to suspend them temporarily or permanently in order to ensure a safe environment for users when using the platform.

If a listing violates the Terms of Service or is unlawful for any reason, the listing will be removed by Used4Fans and will no longer be accessible.

Used4Fans may restrict and/or suspend a user account—without any entitlement to compensation—following written notice with reasonable notice (during which the user is given the opportunity to restore compliance with these Terms and Conditions) for the following reasons:

• in the event of a second violation of these Terms of Service, where the user has failed to remedy the violation despite being requested to do so;
• upon registration and use of the platform with incorrect, incomplete, or misleading information; or
• in the event of failure to disclose updated information;
• if the provided link to the social media profile does not open.

Used4Fans may restrict and/or suspend a user account—without any entitlement to compensation—without prior notice (and remove the posted listings) for the following reasons:

• in the event of a violation of legal provisions, public order, morality, the reputation, or the legitimate interests of Used4Fans or Stripe;
• Failure to disclose information requested by Used4Fans (for example, pursuant to the DMG);
• In the event of a single serious violation of these Terms and Conditions (in particular, violation of catalog rules, suspicion of fraudulent activities, or extremist content);
• In the event of the purchase or sale of an item by a minor;
• In the event of grossly offensive and, where applicable, criminally relevant (disgruntled) statements
• in the event of deliberate circumvention of the Used4Fans fee structure;
• in the event of a report from Stripe if the payment service provider has reasonable suspicion that the user, in using the payment services provided by the payment service provider, has violated applicable law and/or the payment service provider’s General Terms of Use and/or has misused the platform (e.g., illegal sales on the platform, money laundering, scamming, identity theft, use of forged documents).

Under the circumstances described in Sections 19.3 through 19.4, Used4Fans will notify the user in writing of the reasons for the restriction or suspension of their account, provided that this does not

• violates applicable laws, regulations, or orders from a law enforcement agency, or could otherwise result in liability for Used4Fans,
• interfere with domestic or foreign investigations, or
• encourage the continuation or repetition of fraud, a violation of the law, or a serious violation of these Terms and Conditions and/or Stripe’s General Terms of Service.

Users affected by a restriction or suspension may submit a complaint via the contact form.

Dispute Resolution (for Commercial Users)

Used4Fans is generally willing to cooperate with mediators to resolve disputes with commercial users out of court.

Data Protection

Used4Fans and the users are obligated to comply with all applicable provisions of the DSG, the GDPR, and any other statutory confidentiality obligations.

Used4Fans processes the personal data necessary for the purpose of fulfilling the contract. Detailed information regarding data protection pursuant to Art. 13 et seq. of the GDPR is available at [Link].