No coin nor oath required. For personal study only.
30
This is different in case of auctions carried out by the seller on his own website (without a digital auction house being involved) where he will regularly reserve his right to accept or reject the final bid and is thus given the same protection as is offered by s. 156 BGB. 31 Wilkens, Op Cit (n. 3) at p. 666. 32 Wiebe, Op Cit (n. 3) at p. 285. 33 Ulrici, Op Cit (n. 3) at p. 948. 34 Idem. 35 Ibid at p. 949. 36 bid at p. 951. 37 Wiebe, Op Cit (n. 3) at p. 285. 38 According to the OLG Hamm one could only -if at all! -consider the seller as the user of the terms because he is the one to use the platform and initiate the auction. In this event, however, he could not claim protection under the AGBG. 39 Section 10 No. 5 AGBG is not applicable anyway. See Ulrici, Op Cit (n. 3) at p. 949 and Wiebe, Op Cit (n. 3) at p. 326. 40 We have come across this vague principle in the considerations on s. 157 BGB already.
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