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WORNSTARS.com Seller Agreement

This Seller Agreement (the “Agreement”) is a legally binding contract between you (the “Seller”) and Uhr Leiwand e.U., Schönbrunnerstrasse 30/11, 1050 Wien, Austria, the operator of WORNSTARS.com (hereinafter “WORNSTARS” or the “Company”). By registering as a seller on WORNSTARS.com or signing this Agreement, you agree to the following terms and conditions. This Agreement outlines the rights and obligations of Sellers using the WORNSTARS.com platform and the policies governing use of the platform. Last Updated: May 1, 2025.

1. Eligibility

  • Minimum Age and Capacity: You must be at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter into contracts. By agreeing to this Agreement, you represent and warrant that you meet these requirements.

  • Compliance with Laws: You may only use the platform if you can form legally binding contracts and if selling or buying the types of items on WORNSTARS.com is legal in your jurisdiction. You are solely responsible for complying with any local laws regarding online selling.

  • Account Requirements: You must register for a seller account on WORNSTARS.com with accurate personal information. A valid PayPal account in your name is required for payouts (as all seller payouts are made via PayPal). You are responsible for maintaining the accuracy of your account and payment information.

  • Independent Seller: You understand that by using the platform you act in your own capacity as an independent seller. Nothing in this Agreement establishes any partnership, joint venture, employment, or agency relationship between you and WORNSTARS. You are not an agent, employee, or representative of WORNSTARS, and you shall not represent yourself as such.

2. Seller Rights

  • Right to List and Auction Items: Subject to compliance with this Agreement, you have the right to list items for sale on WORNSTARS.com in auction format. You may set the auction’s starting price, choose the auction start date and time, and specify the auction end date and time according to the options provided by the platform.

  • Control Over Listings: You retain the right to remove or edit your listings before any bids are placed (or as allowed by platform functionality) and to set the terms of your listing within the limits of this Agreement. You determine the description, title, and images/videos for your item (so long as they meet the content guidelines in this Agreement).

  • Ownership of Content (with License to WORNSTARS): As a Seller, you retain ownership of the photos and videos you upload. However, by uploading content, you grant WORNSTARS a full, royalty-free, worldwide license to use, modify, edit, reproduce, publish, display, and distribute those images and videos for the purpose of marketing and promoting the platform. This includes, but is not limited to, use in advertisements, social media posts, email newsletters, website banners, the WORNSTARS.com user interface, affiliate promotions, public relations materials, and investor presentations or decks. WORNSTARS may also apply edits or censorship (such as adding the WORNSTARS star icon to cover explicit parts) and create compilations or derivative works using your content for these marketing purposes. This license survives termination of this Agreement for previously uploaded content.

  • Right to Payment: You are entitled to receive payment for items you sell via the platform, subject to the commission and payout schedule outlined in this Agreement. After a successful sale and fulfillment of your obligations (such as shipping the item), you will receive the sale proceeds minus the standard commission and any applicable fees (e.g., censorship fee, if applicable) in accordance with Section 7 (Fees and Payouts).

  • Second-Chance Offers: If the winning bidder of your auction fails to pay or completes the transaction, you have the right (but not the obligation) to offer the item to the second-highest bidder as a secondary winner at that bidder’s last bid price. This must be done through the WORNSTARS platform’s provided mechanism and in a timely manner. If the second-highest bidder accepts the offer, it creates a binding sale contract between you and the second-highest bidder under the same terms as the original auction.

3. Seller Obligations

As a Seller on WORNSTARS.com, you agree to the following obligations:

  • Honest and Accurate Listings: You will provide truthful, accurate, and complete information about your listed item, including its condition, size, history of use, and any other relevant details. Misrepresenting an item (including impersonating that an item belonged to a celebrity or another person when it did not, or claiming false authenticity/provenance) is strictly prohibited.

  • Permitted Items Only: You may only list items that are legal to sell and that you have the right to sell. Illegal items (such as stolen goods, controlled substances, weapons, etc.), any items that would violate applicable laws, and any content that infringes upon a third party’s intellectual property or privacy rights are strictly forbidden. You must not list any item or content that could cause WORNSTARS to violate any law or that violates this Agreement’s content standards (see Section 4).

  • No Impersonation or Fraud: You will not impersonate any person or entity or falsely claim to represent someone you are not. This includes not misrepresenting your identity in your profile or listings and not claiming to be selling on behalf of someone else without authorization. You will not engage in fraudulent schemes, such as bidding on your own auctions (shill bidding) or colluding with others to artificially raise bidding prices or demand.

  • Compliance with Platform Rules: You will adhere to all rules and guidelines posted by WORNSTARS, including community standards and content guidelines. You will follow any instructions from WORNSTARS regarding listing procedures, image/video requirements, or transaction processes.

  • Binding Sale Commitment: If your auction concludes with a winning bidder, you are obligated to complete the sale. The end of an auction with a highest bid constitutes a binding contract between you and the winning bidder (the buyer) for the sale of the item at the final bid price. You must not cancel or renege on the sale except in cases of buyer non-payment or with express permission from WORNSTARS in extraordinary circumstances. Similarly, buyers are obligated to pay for the item; if a buyer fails to pay, notify WORNSTARS and see Section 2 (Second-Chance Offers) for your option to approach the next bidder.

  • Shipping Obligations: You must ship sold items within 7 business days of receiving notification of the buyer’s payment. All shipments must be made with tracking and insurance sufficient to cover the item’s value. You are responsible for properly packaging the item to prevent damage in transit. You must ship worldwide (to any country) as part of using WORNSTARS—any special shipping restrictions or limitations must be clearly stated in your listing up front.

  • Shipping Costs Included: You agree that the starting price of your auction includes all shipping costs worldwide. You will not request additional shipping fees from the buyer after the auction. It is your responsibility to factor in postage, packaging, and insurance costs into your starting price and subsequent bidding. Buyers on WORNSTARS are not to be charged extra for shipping beyond the auction’s final bid price.

  • Proof of Fulfillment: After shipping, you must provide proof of fulfillment. This includes uploading or providing the tracking number (so the buyer and WORNSTARS can track delivery) and, if requested by WORNSTARS, proof of shipment (such as a photo of the packaged item with the shipping label, or a receipt from the shipping carrier). You should also keep proof of insurance. These measures protect both you and the buyer in case of delivery issues.

  • Invoices and Documentation: If a buyer requests an invoice or receipt for their purchase, you are obligated to provide one in a timely manner. The invoice should include at minimum the item description, sale price, date of sale, your name (or business name) and contact information, and any tax or VAT information required by law. It is your responsibility to comply with any tax obligations related to your sales.

  • Timely Communication: You must stay responsive to communications regarding your listings. This includes answering potential buyer questions about your item during the auction, and communicating with the buyer after the sale to confirm shipment. Professional and prompt communication is expected.

  • Platform Transaction Only: All sales initiated on WORNSTARS must be completed through the WORNSTARS platform. You are not permitted to arrange or solicit direct sales with WORNSTARS users outside of the platform to circumvent the commission or terms. Any attempt to exchange personal contact information with the intent to complete a transaction off-platform is a violation of this Agreement.

4. Content Standards and Prohibited Content

WORNSTARS is a platform that allows adult-oriented items and content, but we maintain strict standards to ensure legality and appropriateness of all content. As a Seller, you must adhere to the following content rules:

  • Explicit Content Censorship: No fully explicit imagery is allowed in uncensored form on the platform. This means no visible female nipples or genitals in any photos or videos you upload. WORNSTARS provides a “star” censorship icon tool that you must use to cover any explicit parts of images or videos before posting. Alternatively, you may opt to have WORNSTARS perform the censorship for you: if you select this option during upload, WORNSTARS staff will edit your image/video to censor nudity or explicit content (e.g., by covering with the WORNSTARS star icon or blurring). If the item sells, a $20 USD censorship/editing fee will be deducted from your payout for this service. (No censorship fee is charged if the item does not sell.) It is your responsibility to ensure that all explicit content is properly censored in accordance with these rules, whether by yourself or by requesting the service.

  • Copyright and Ownership of Media: You may only upload images and videos that you have created or have the rights to use. You must own the copyright or have explicit permission for all content you upload. Using photos or videos taken from the internet, from other sellers, or from anyone else without permission is strictly prohibited. All content should ideally be original content that you have produced to represent your item. You also agree that WORNSTARS may use and modify your content as per the license in Section 2 for moderation and marketing purposes.

  • No Illegal or Banned Material: Under no circumstances may you post any content that is illegal, promotes illegal activity, or depicts illegal activity. This includes (but is not limited to) content that involves illegal drugs or paraphernalia, weapons, bestiality, violence, hate symbols, or any other material that is unlawful or against public policy.

  • Prohibition of Underage Content: WORNSTARS has zero tolerance for any content involving minors (persons under 18 years of age). You are strictly forbidden from uploading any images, videos, or descriptions that depict or imply minors in any capacity, sexual or otherwise. This includes selling items that belong to minors or were modeled by minors in images. If any content you upload is suspected to involve underage individuals, your account will be immediately terminated. WORNSTARS will remove the content and report the incident to law enforcement. You, as the uploader, will be solely liable for any legal consequences.

  • Consent in Content: Any explicit or intimate content you upload must involve only consenting adults. Non-consensual content (such as covertly taken images, “revenge porn,” or any media featuring individuals who have not consented to their image being used) is strictly forbidden. If you upload any content featuring another identifiable person, you must have that person’s permission. You are fully responsible if you violate this rule, and WORNSTARS will take immediate action including removal of content and termination of your account. Illegal non-consensual content will be reported to law enforcement.

  • No Rights-Infringing Content: Do not upload content that infringes on copyrights, trademarks, privacy, or publicity rights of others. For example, you may not use someone else’s logo, artwork, or written descriptions in your listing without permission. You may not list items that are counterfeit or branded with trademarks you do not have the right to use. Any listing found to violate intellectual property rights or impersonate another brand or individual will be removed, and may result in suspension or termination of your selling privileges.

  • Quality and Format: All images and videos must meet the technical requirements set by WORNSTARS (for example, acceptable file formats and sizes). Content that is too low-quality (blurry, dark, etc.) or that violates site presentation guidelines (such as images with excessive text or unrelated graphics) may be removed or asked to be corrected.

  • Platform Moderation: WORNSTARS reserves the right to review, monitor, and remove any content that violates these standards or that WORNSTARS deems inappropriate at its sole discretion. You acknowledge that WORNSTARS may take such action without prior notice to you. However, you remain solely responsible for your content. The fact that WORNSTARS may review or fail to remove certain content does not shift responsibility or liability to WORNSTARS for content you posted. WORNSTARS’ lack of action on content does not constitute approval of that content.

5. Auctions and Sales Process

  • Auction Mechanics: When you list an item, it will be put up for auction on WORNSTARS.com for the duration you select (end date and time). Buyers may place bids on your item during that time. Once the auction end time is reached, if at least one bid has been placed, the auction concludes and the highest bid wins. You agree that you will not take any actions to unfairly influence the bidding process (such as bidding on your own item or having someone bid on your behalf to inflate the price).

  • Binding Contract with Buyer: When an auction is won, a binding contract is automatically formed between you (Seller) and the winning bidder (Buyer). This means you are obligated to deliver the item as described, and the Buyer is obligated to pay the final bid price. WORNSTARS is not a party to this contract; WORNSTARS provides the platform to facilitate the sale, but the sale itself is directly between Seller and Buyer. Both parties should perform their obligations under that contract in good faith.

  • Payment by Buyer: The winning bidder is required to submit payment for the item (at the final bid price) through the WORNSTARS platform or approved payment methods within the timeframe specified by WORNSTARS (if no specific time is stated, it should be within a reasonable time, typically 48 hours). WORNSTARS will notify you when the payment has been received/confirmed. Do not ship the item until you receive confirmation that the buyer’s payment is completed.

  • Failure of Buyer to Pay: If the winning bidder fails to pay or their payment does not go through within the required time, you should notify WORNSTARS. WORNSTARS may attempt to contact the buyer or facilitate payment. If payment is not forthcoming, WORNSTARS may cancel the transaction due to buyer breach. In such case, you are free to relist the item or, as noted below, offer it to the next highest bidder.

  • Second-Highest Bidder Offer: In the event of a non-paying winner, you have the option to extend an offer to the second-highest bidder. This can usually be done through a “Second Chance Offer” feature on the platform. If the second-highest bidder accepts the offer and submits payment, that transaction becomes a binding contract between you and that bidder at the price of their last bid. The same obligations for shipping and fulfillment then apply. If the second-highest bidder declines or does not respond, you may choose to relist the item in a new auction.

  • Transaction Records: All transactions (bids, final sale price, and communications) should be kept on the WORNSTARS platform for record-keeping. Do not delete or alter any relevant information about the sale until the transaction is fully completed and beyond dispute periods. These records may be important in case of any dispute or for payout processing.

  • Auction Cancellation: You should avoid canceling an auction once bids have been placed. In exceptional cases (for instance, if you made a serious error in the listing or the item was accidentally damaged or lost while the auction is ongoing), you must contact WORNSTARS support to explain the situation. WORNSTARS may, at its discretion, cancel the auction or allow you to cancel. Frequent or unjustified cancellation of auctions can result in penalties or suspension of your account.

6. Shipping and Fulfillment

  • Timeliness: You must dispatch (ship out) the sold item within seven (7) business days after receiving confirmation from WORNSTARS that the buyer’s payment has been received. “Business days” exclude weekends and public holidays. Prompt shipping is crucial to maintain trust on the platform. If you foresee any delay (e.g., due to illness or unforeseen emergency), communicate this to the buyer and WORNSTARS immediately via the platform, and make all reasonable efforts to ship as soon as possible. Unreasonable delays without notice can lead to buyer complaints and potential account action.

  • Method of Shipment: All shipments must be sent with tracking information and adequate insurance. Tracking is required so that both you and the buyer can verify the status and delivery of the package. Insurance is required to protect against loss or damage in transit, especially for high-value or irreplaceable items. The cost of tracking and insurance is your responsibility and should be included in your item’s price (as per Section 3, all shipping costs are included in the auction price). Choose a reputable shipping carrier that provides proof of delivery.

  • Packaging: You are responsible for safely and securely packaging the item. Use appropriate packaging materials to prevent damage (e.g., padding, waterproof wrap if necessary). If the item is fragile or valuable, take extra care and consider additional protective measures. Poor packaging that leads to item damage may result in a dispute or claim from the buyer.

  • Shipping Address: Always ship to the exact address provided by the buyer through the WORNSTARS platform. The platform will supply you with the buyer’s shipping address after the auction. Shipping to a different address without written buyer request and approval is not recommended and can void protections. If a buyer requests an alternate address after purchase, get confirmation from WORNSTARS or through the platform messaging so there is a record.

  • Providing Tracking and Confirmation: Once shipped, you must promptly update the order on WORNSTARS with the tracking number and carrier information. This allows the buyer to track the package and provides proof that you fulfilled your shipping obligation. You should also mark the item as “shipped” in the platform’s system if such an option is available. Retain the shipping receipt and any tracking documentation for your records.

  • Delivery and Signature: If the item is high in value, consider requiring a signature upon delivery for additional verification. This can protect you in case a buyer claims non-receipt. Ensure that the tracking information ultimately shows a delivered status.

  • Buyer Communication: After shipping, it is good practice to send the buyer a polite message confirming that the item has been shipped, providing the tracking number, and thanking them for their purchase. This can improve the buyer’s experience and trust.

  • Failure to Fulfill: If you do not ship the item within 7 business days and have not communicated a valid reason for delay, the buyer may be entitled to cancel the transaction and receive a refund. In such cases, WORNSTARS may refund the buyer and charge back the amount to you or offset it against future payouts. Failure to fulfill a sale without a valid excuse is a serious breach of this Agreement and could lead to suspension or termination of your seller account, as well as forfeiture of any related payout.

  • Proof of Delivery Disputes: In the event a buyer claims non-receipt of an item, you may be required to provide evidence of delivery (e.g., tracking showing delivered status, or delivery confirmation). If an item is lost in transit and you purchased insurance, you should file a claim with the carrier. Ultimately, if the item does not reach the buyer due to shipping loss or error, you may be responsible for refunding the buyer, especially if you cannot prove delivery as agreed. WORNSTARS may mediate such disputes but makes no guarantee to cover losses; your insurance should cover it in such cases.

7. Fees and Payouts

  • Commission: WORNSTARS charges a standard commission of 20% (twenty percent) on the final sale price of each auction. This commission is WORNSTARS’ fee for providing the platform and marketplace services. The commission will be automatically deducted from the gross sale amount. There are no additional listing fees or subscription fees for using the platform; the 20% commission is the primary fee you pay for each completed sale. For example, if your item sells for $100, WORNSTARS will retain $20 as commission, and $80 will be available for payout to you (subject to the payout schedule and any other applicable fees mentioned below).

  • Censorship Fee (if applicable): As noted in Section 4, if you opted to have WORNSTARS censor or edit your images/videos for explicit content and your item sells, a $20 USD fee will be charged for that service. This fee is deducted from your payout in addition to the 20% commission. (No censorship fee is charged if the item did not sell or if you did your own censorship.)

  • Payment Processing Fees: Currently, buyer payments are facilitated through WORNSTARS’ systems (potentially via PayPal or other payment processors). WORNSTARS covers standard payment processing fees from the commission it charges, so you will not be separately charged for payment fees. However, if a particular payout method (such as PayPal) deducts a fee upon receipt, you are responsible for such fees on your end. For example, when you receive your payout via PayPal, PayPal might charge you a fee to receive the money; that is not controlled by WORNSTARS.

  • Payout Schedule: Payouts to sellers are processed once per month. WORNSTARS aggregates your completed sales and releases payouts on a monthly cycle. Importantly, payouts for a sold item are only disbursed after a 30-day waiting period from the date of fulfillment (shipment/delivery). This waiting period is to account for the legal withdrawal period (“Widerrufsfrist” under consumer protection laws) and to ensure the buyer is satisfied or has not exercised any return/cancellation rights. In practical terms, this means that after you ship an item and it is delivered, you must wait at least 30 days, and then until the next scheduled monthly payout date, to receive your funds. Depending on timing, you may wait up to approximately 30–60 days from the date of sale for your payout. For example, if your item is delivered on January 10, and monthly payouts are processed on the 1st of each month, you would become eligible for payout after February 9 (30 days later), and the payout would then be issued on the next payout date (e.g., March 1).

  • Payout Method: Payouts are made via PayPal to the PayPal account you have on file in your seller profile. It is your responsibility to ensure that your PayPal email/address provided to WORNSTARS is correct and able to receive funds. WORNSTARS is not responsible for lost payments due to incorrect payout information provided by the Seller. If a payout fails due to incorrect details, you must correct the information and WORNSTARS will attempt to resend on the next payout cycle. WORNSTARS does not issue payouts via check, wire, or other methods at this time (unless explicitly offered on the platform).

  • Withdrawal Period and Holds: If a buyer exercises a lawful right to cancel or return the purchase within the withdrawal period (if applicable; note that auction sales may be final depending on jurisdiction, but if the seller is a business and the buyer a consumer in the EU, a 14-day withdrawal right might apply), WORNSTARS may place a hold on the payout or deduct the amount from your balance. The 30-day payout delay is designed to cover this period. If a buyer opens a dispute or chargeback within that timeframe, WORNSTARS may delay or withhold the corresponding payout until the issue is resolved.

  • Taxes: Aside from the commission, you are responsible for any taxes (such as income tax or VAT) that apply to your earnings from sales. WORNSTARS does not withhold taxes on your behalf. If you are a professional seller or business, make sure to include any required VAT in your starting price. WORNSTARS may provide you an annual statement of your sales if required, but it is up to you to report and pay any required taxes. If WORNSTARS is required by law to collect any taxes or levies (for example, digital services tax or similar) from you, you agree to pay those or allow them to be deducted from your payouts.

  • No Additional Fees: Other than the commission and specific fees described in this Agreement, WORNSTARS does not charge monthly subscriptions or listing fees to sellers. You should be aware, however, that failing to fulfill orders or violating terms could incur costs (such as reimbursements to buyers or penalties, see other sections). But under normal operations, 20% commission (and the occasional censorship fee if applicable) is the only fee structure. WORNSTARS will provide notice if any fee structures change in the future (which would be reflected in an updated Agreement).

  • Currency: All fees (commission, censorship fee) are calculated in the same currency in which the auction was conducted. If WORNSTARS operates in multiple currencies, the payout will generally be made in the currency of the sale or another pre-disclosed currency. (If currency conversion is necessary, it will be done at a market exchange rate or as per platform policy, and any conversion costs might be deducted.)

8. Seller Conduct and Platform Use

All sellers are expected to maintain professional behavior and uphold the integrity of the WORNSTARS platform. By using the platform, you agree to the following conduct rules:

  • Respectful Communication: Treat all buyers, other sellers, and WORNSTARS staff with respect. Do not engage in harassment, hate speech, abusive language, or any form of bullying or intimidation on the platform (including in item descriptions, messages, or forums if applicable). Any form of discrimination or derogatory content based on race, religion, gender, sexual orientation, etc., is strictly prohibited.

  • No Spam or Unsolicited Promotion: Do not use the platform’s messaging or listing descriptions to spam users with unrelated products or services, to advertise other websites, or to solicit business outside of WORNSTARS. The platform should not be used for any purpose other than buying and selling permitted items through the established auction process.

  • No Circumvention: As mentioned, you must not attempt to circumvent WORNSTARS in conducting sales. This means you should not intentionally attempt to direct WORNSTARS users to transact outside the platform for the purpose of avoiding fees or platform rules. All negotiation and transaction processes for an item listed on WORNSTARS should occur on WORNSTARS.

  • Account Security: You are responsible for maintaining the confidentiality of your account login credentials. Do not share your password with others. If you suspect unauthorized access to your account, notify WORNSTARS immediately. You are liable for all activity conducted through your account unless you have previously reported it as compromised.

  • Multiple Accounts: You should not create multiple seller accounts to bypass restrictions or manipulate the platform. Each Seller is generally limited to one account, unless you have obtained permission from WORNSTARS for a legitimate reason (for example, separate accounts for distinct business entities). Operating multiple accounts to list the same items, evade bans, or otherwise game the system is a violation.

  • Follow Additional Policies: From time to time, WORNSTARS may publish additional policies, guidelines, or rules on the platform (for example, a detailed community guideline document or help center articles). You agree to review and follow all such policies, which are hereby incorporated into this Agreement by reference. In the event of a conflict between such policies and this Agreement, this Agreement will govern, but all provisions can generally be read in harmony.

  • Reporting Misconduct: If you witness any suspicious or prohibited behavior on the platform (whether by buyers or other sellers), you are encouraged to report it to WORNSTARS. This includes things like other users attempting to involve you in off-platform transactions, or any content that appears to violate the rules. Maintaining a safe community is a shared responsibility.

  • Consequences: Understand that violating any of the conduct rules or any part of this Agreement can result in enforcement actions by WORNSTARS, including removal of content, cancellation of sales, suspension of your account, termination of your account, and potential legal action if warranted. WORNSTARS reserves the right to decide appropriate action for misconduct in its sole discretion.

9. Termination

  • By WORNSTARS (For Cause): WORNSTARS reserves the right to suspend or terminate your seller account at any time if you are found to be in violation of this Agreement, any applicable laws, or if you engage in behavior that harms the platform or other users. Serious violations (such as posting illegal or underage content, committing fraud, or failing to fulfill orders) may result in immediate termination without prior notice. In less severe cases, WORNSTARS may choose to provide a warning or require corrective actions before termination, but is not obligated to do so. During suspension, you may be unable to list new items or access certain features; if terminated, you will be permanently barred from using the platform as a seller (and possibly also as a buyer).

  • By WORNSTARS (At Will): Even absent a breach, WORNSTARS may terminate or suspend your account at its discretion by providing notice to you (e.g., if WORNSTARS decides to discontinue the platform or a particular program, or for any business reason). If such termination is not due to your misconduct, any active auctions may be allowed to conclude and you may be paid out for any completed sales, but you will not be able to continue selling afterward.

  • By Seller: You may terminate your seller account at any time by giving notice to WORNSTARS (for example, via an account settings deletion option or contacting support). However, if you have any active auctions or pending sales at the time you request termination, you are required to fulfill those obligations before the termination becomes effective. Alternatively, you must cancel any active listings (if no bids yet) or coordinate with WORNSTARS to properly wind down your listings. Termination of your account does not immediately erase your transactional history; WORNSTARS may retain certain information as required by law or for legitimate business purposes (e.g., records of sales for accounting/audit).

  • Effect of Termination: Upon termination of your account, whether by you or WORNSTARS, any pending obligations survive. This means:

    • You still owe any outstanding commission or fees to WORNSTARS for sales completed before termination (WORNSTARS may deduct these from any pending payouts).

    • If termination occurs mid-auction and the auction is canceled, no commission is due for that auction, but if the auction had completed successfully, you must still deliver the item or, if you fail to deliver, possibly refund the buyer.

    • Sections of this Agreement that by their nature should survive termination (such as indemnification, content license, liability limitations, etc.) will remain in effect.

  • Access to Platform After Termination: After your seller account is terminated, you must not access or attempt to access the platform through another account or by any other means. WORNSTARS reserves the right to take legal action against individuals who trespass on the platform after termination or who are found to cause harm.

  • No Refund of Commission: If your account is terminated due to a breach of this Agreement, you are not entitled to any refund of commissions or fees previously paid. In fact, if damages or costs were incurred by WORNSTARS due to your actions, WORNSTARS may seek to recover those from you (see Indemnification below).

  • Appeal: If you believe your account was terminated or suspended in error, you may contact WORNSTARS to appeal the decision. WORNSTARS may, but is not obligated to, review appeals and reinstate accounts at its sole discretion based on the circumstances and any remediation steps.

10. Indemnification

You agree to indemnify, defend, and hold harmless WORNSTARS and its owner (Uhr Leiwand e.U.), officers, employees, agents, affiliates, and partners (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and legal costs) that arise out of or relate to:

  • Your Breach: Any breach by you of this Agreement or of any representation/warranty you provide under this Agreement. For example, if you violate the content guidelines and a third party sues WORNSTARS because of content you posted, you would indemnify WORNSTARS for the cost of that claim.

  • Your Content: Any content (including images, videos, text) you upload or any item you list/sell that infringes or allegedly infringes on someone’s intellectual property rights, privacy rights, or other rights. If, for instance, you use a copyrighted photo without permission or sell an item that is later claimed to be stolen or counterfeit and WORNSTARS is named in a lawsuit or investigation, you will cover all costs and liabilities for WORNSTARS stemming from that issue.

  • Your Activities on Platform: Any of your activities in connection with the WORNSTARS platform, including your communications with other users, your failure to fulfill an order, or any harm caused to any person (including any buyer) by an item you sold. If a buyer, for example, is injured by a product you sold or claims you defrauded them, and they pursue legal action against WORNSTARS, you will indemnify the Indemnified Parties.

  • Violation of Law: Your violation of any laws or regulations in the course of using the platform or selling items. This includes, without limitation, any tax obligations, customs/import laws for shipping items internationally, data protection laws (if you misuse buyer information), or consumer protection laws that apply to you as a seller.

WORNSTARS will have the right to assume its own defense in any case subject to indemnification by you, and you agree to cooperate with WORNSTARS in such legal defense and pay for the costs (including attorney’s fees) of such defense. This indemnity obligation will survive the expiration or termination of this Agreement.

11. Limitation of Liability

Disclaimer of Warranties: WORNSTARS provides the platform and services on an “as is” and “as available” basis. While we strive to maintain a safe and functional marketplace, WORNSTARS makes no warranty or guarantee that the platform will meet your requirements or be uninterrupted, error-free, or secure. WORNSTARS disclaims all warranties, express or implied, including any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. For example, WORNSTARS does not guarantee that your items will sell, that buyers will always pay, or that there will be no fraudulent behavior by users.

Limited Liability: To the maximum extent permitted by law, in no event shall WORNSTARS or Uhr Leiwand e.U. (or its officers, directors, or employees) be liable to you for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to the platform or this Agreement. This includes, for example, lost profits, lost revenue, lost data, or business interruption, even if WORNSTARS has been advised of the possibility of such damages. WORNSTARS’ total cumulative liability for any claims arising out of or relating to this Agreement or the use of the platform shall not exceed the total commissions paid by you to WORNSTARS in the six (6) months prior to the event giving rise to liability, or EUR 100 (one hundred euros), whichever is greater.

Platform as Facilitator: You acknowledge that WORNSTARS is not a traditional auctioneer or broker, but a platform provider. The actual contract for sale is between you and the buyer. WORNSTARS is not responsible for the actions or inactions of buyers or other third parties. If a buyer fails to pay or a package is lost, WORNSTARS will assist within the scope of its policies, but ultimately the liability may rest with the buyer or the shipping carrier respectively – WORNSTARS is not liable for those external failures. Similarly, WORNSTARS is not liable for any content posted by you or other users, even if such content is offensive or illicit; however, we do our best to remove prohibited content when we become aware of it.

No Liability for Marketing Use: You agree that WORNSTARS’ use of your content for marketing (as authorized by you under Section 2) does not entitle you to any compensation, and WORNSTARS shall not be liable for any claims arising from such use as long as it is in line with the license granted (for instance, if WORNSTARS edits your image for a banner ad, you cannot claim damages for how the edit was done, absent gross misuse outside the agreed scope).

Some jurisdictions do not allow certain warranty disclaimers or limitations of liability. If such laws apply to you, some of the above disclaimers or limits may not apply to the extent disallowed, but all other terms will remain in full force. In such cases, WORNSTARS’ liability will be limited to the maximum extent permitted by applicable law. This section will survive the termination of this Agreement.

12. Governing Law and Jurisdiction

This Agreement, and any disputes arising out of or related to this Agreement or the use of the WORNSTARS platform, shall be governed by and construed in accordance with the laws of Austria, without regard to its conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

Furthermore, you agree that any legal actions or proceedings arising out of this Agreement or your activities on the platform shall be brought exclusively in the competent courts of Vienna, Austria. You consent to the personal jurisdiction of such courts and waive any objections on grounds of venue or inconvenient forum, to the extent permitted by law.

If you are accessing or using the platform from outside of Austria, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Notwithstanding the above, as a seller you also agree to comply with all international trade laws (including export control and sanctions regulations) that may apply to your items.

Language: This Agreement is drafted in English. If it is translated into another language, the English version shall prevail in case of any conflict or ambiguity in interpretation.

13. Entire Agreement

This Agreement (including any documents, policies, or guidelines incorporated by reference) constitutes the entire agreement between you and WORNSTARS regarding your activities as a seller on the platform. It supersedes all prior or contemporaneous communications, understandings, or agreements (whether oral or written) between the parties relating to the same subject matter.

No amendment or modification of this Agreement will be binding unless made in writing and posted or provided to you by WORNSTARS. WORNSTARS may update the terms of this Agreement from time to time. When we do so, we will update the “Last Updated” date at the top of the Agreement (and, if required by law, notify you of the changes). Continued use of the platform or continued listing of items after an update constitutes your acceptance of the revised terms. If you do not agree to the changes, you must stop using the platform as a seller and may request termination of your account as per Section 9.

14. Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible to effect the intent of the parties, and the invalid portion will be deemed severed from this Agreement. The remaining provisions of this Agreement shall remain in full force and effect.

The parties further agree to replace any invalid or unenforceable provision with a valid and enforceable provision that most closely approximates the intent and economic effect of the original provision. The failure of WORNSTARS to enforce any term or condition of this Agreement in a particular instance shall not be deemed a waiver of WORNSTARS’ right to enforce that term or any other term in the future.

15. Acceptance and Signature

By electronically accepting this document on the WORNSTARS.com Platform, you acknowledge that you have read this WORNSTARS.com Seller Agreement, understand it, and agree to be bound by all its terms and conditions. Only the Seller’s signature is required; WORNSTARS’ signature is not required for this Agreement to take effect. This Agreement will be considered accepted and binding on both parties once you (the Seller) have signed or otherwise indicated acceptance.

Vienna, 01.05.2025

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