11. Amendments to the terms and conditions and final provisions
11.1 Auctionata reserves the right to amend the provisions of these terms and conditions with future effect at any time without citing reasons. Auctionata will announce such amendments on its www.auctionata.com website or by email. The amendments shall be deemed to have been accepted if the customer does not object to them within two weeks of receiving notice, or if he or she makes use of Auctionata’s services again after the agreement has been amended. Auctionata shall present these terms and conditions to every customer before every Auction, so that amendments can be acknowledged before the conclusion of an agreement. If a customer objects to the amendment, Auctionata shall be entitled to terminate the agreement with the customer.
11.2 Third parties may enter into this agreement in place of Auctionata and wholly or partially assume the resulting rights and obligations subject to six weeks’ prior notice. The customer hereby consents to this in advance.
11.3 The place of performance for all of Auctionata’s performance obligations that are derived from the contractual relationships between the contractual parties shall be the commercial residence of Auctionata AG in Berlin (Germany) if the contractual partner is an business person. The statutory provisions of the place of performance shall apply to consumers.
11.4 The legal venue for all claims arising from the disputes from the contractual relationships between the contractual parties shall be – insofar as the contractual parties are business persons, legal persons under public law or special foundations under public law – the commercial residence of Auctionata in Berlin (Germany). However, Auctionata may also alternatively take legal action against the contractual partner at his general or any other permissible legal venue. This shall not be valid if mandatory legal directives prescribe another legal venue.
11.5 The law of German Federal Republic shall apply exclusively for the contractual agreement and the resulting claims, regardless of the type and against whom they are asserted. This shall also apply to transactions against national borders.
11.6 Should one or more of the provisions of the Terms and Conditions be or become wholly or partly ineffective or should the Terms and Conditions be found to contain omissions, the validity of the remaining provisions shall remain unaffected. The parties undertake, in such cases, to replace the wholly or partly ineffective provision with one which is effective and whose economic purpose most closely reflects that of the ineffective provision.