- WHO WE ARE
"Auctomobile" / "we" / "us" and "our" means Auctomobile.com OÜ, company registration number 14812865 and the registered office of which is Harju maakond, Tallinn, Kesklinnalinnaosa, Pirita tee 20/4, 10127, Estonia.
- ABOUT OUR TERMS
- These Terms explain how users may use this website www.auctomobile.com (the "Site"). Additional to these Terms, the following terms apply to use of the Site:
- Users should read these Terms carefully before using the Site.
- By accessing or using the Site or otherwise indicating users consent to be legally bound by these Terms and the documents referred to in them.
- If user does not agree with or accept any of these Terms, user should stop using the Site immediately.
- If user has any questions about the Site, or user would like to make a complaint about our services, please contact us by e-mail on: firstname.lastname@example.org .
- Where we have a received a complaint in relation to our services, we shall conduct reasonable investigations into it. If, after such investigation, we establish that there may be an issue with our services, we shall, at our sole discretion, either:
- take steps to remedy the defect in our services; or
- where user has already paid our fees in accordance with clause 10, refund a fair proportion of those fees paid; or
- where user has not already paid our fees in accordance with clause 10, charge a fair proportion of fees (include no fees, where reasonable).
- We reserve the right to unilaterally amend these Terms and Conditions at any time for purposes of compliance with applicable law, legal obligation and for purposes of legitimate business interest of Auctomobile and shall give reasonable notice of such amendment, including but not limited to posting the revised Terms and Conditions on the Site. If user does not consent to the amended Terms and Conditions,user should terminate the account.
"Buyer" means the person who registers with us and is accepted to submit bids for the purchase of a Vehicle;
"Content" means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site,excluding personal data not visible to other users of the Site.
"Auction" has the meaning given to it in clause 6.3;
"Seller" means the person who registers with us and is accepted to list a Vehicle for sale;
"Site" has the meaning given to it in clause 2.1;
"Terms" means these terms and conditions of use as updated from time to time under clause 21;
"Vehicle" means the lots listed on the Site;
"User" means users of the www.auctomobile.com platform.
"Us" means Auctomobile.com OÜ, company registration number 14812865 and the registered office of which is Harju maakond, Tallinn, Kesklinnalinnaosa, Pirita tee 20/4, 10127, Estonia
- USING THE SITE
- We only provide a platform for a Seller to list their Vehicle for sale and a Buyer to bid for the purchase of a Vehicle. We do not act as an agent of the Seller. We are not involved in the bidding process, contracting process nor are we a party to the sale contract between the Buyer and the Seller.
- User agrees that user is solely responsible for all costs and expenses that may incur in relation to use of the Site.
- The Site is intended for use only by those who can access it from within the European Union. If user chooses to access the Site from locations outside the European Union, then user is responsible for compliance with local laws where they are applicable.
- We may prevent or suspend access to the Site if user does not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
- As a condition of use of the Site, user agrees:
- not to use the Site for any purpose that is unlawful under any applicable law or prohibited by these Terms;
- not to use the Site to commit any act of fraud;
- not to use the Site to distribute viruses or malware or other similar harmful software in the form of source code, object code or an executable.
- not to use the Site for purposes of promoting unsolicited advertising or sending spam;
- not to use the Site to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information ('phishing');
- not to use the Site in any manner that disrupts the operation of our Site or business or business of any other entity;
- not to use the Site in any manner that harms minors;
- not to promote any unlawful activity;
- not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
- not to use the Site to gain unauthorized access to or use of computers, data, systems, accounts or networks; and
- not to attempt to circumvent password or user authentication methods.
- USER'S ACCOUNT WITH US
- The Site is available for users if user is at least 18 years old. In order to use the Site as a Buyer or a Seller user must first register and then be approved by us.
- For a Seller, user must confirm that user has a legal ownership of the Vehicle or user has a written agreement with legal owner to sell the Vehicle on his behalf and confirm that the Vehicle is not encumbered by a loan or other type of financing. We might instruct a third party, Mangopay, to verify user's details (name, address, etc) before approving the Vehicle to be listed for sale on the Site.
- For a Buyer, user must provide us with a valid payment method for our fees. We might instruct a third party, Mangopay, to verify user's details (name, address, etc) before approving user to bid for Vehicles.
- If user chooses, or user is provided with, a user identification code, password or any other piece of information as part of our security procedures, user must treat such information as confidential. User is not allowed to disclose the it to third parties. User is responsible for choosing strong password.
- We have the right to disable any user identification code or password, whether chosen by user or allocated by us, at any time, if in our reasonable opinion user has failed to comply with any of the provisions of these Terms.
- If user knows or suspects that anyone other than user knows user identification code or password, user must promptly act - change password and notify us.
- The user bears sole responsibility for the security of their account credentials and is not permitted to share account information, such as username and password, with third parties.
- Auctomobile reserves the right to implement any security measures Auctomobile deems necessary on Auctomobile's platform, including but not limited to blocking of IP addresses. Auctomobile reserves the right to deny access to Auctomobile's platform of any user for violating any of these Terms, without giving prior notice to the affected user. Denial of access to Auctomobile's platform shall not entitle the breaching party to any compensation.
- LISTING A VEHICLE AND BIDDING PROCEDURE
- User first submits a request and uploads the photos and related information, including proof of ownership of the Vehicle and proof of lack of encumbrance of the Vehicle. Further information can be found in our FAQs.
- Auctomobile will consider the proposed Vehicle and confirm if the Vehicle is accepted to be listed on the Site. There will be a pre-auction period where the Seller will need to wait for the Vehicle to become visible to other users.
- After the Vehicle is approved for listing, Seller shall be committed to have the Vehicle listed as the object of an auction (an "Auction") with us exclusively for the duration of at least 7 days and an additional period of 7 days during the Aftersale period. Also the Coming Soon period (of at least 7 days) is counted to the listing period, because a Presale Offer can be made buy the Buyer. This means that during this period, the Seller shall not use another means of sale unless we agree and notify the Seller in writing of our consent.The Buyer is entitled to place two types of bids - an Absentee Bid or a Live Bid. An Absentee Bid, or a Maximum Limit Bid, entails a lower commission rate upon conclusion of the auction (refer to clause 10.3.4). A Live Bid entails the standard commission rate (refer to clauses 10.3, 10.3.1 and 10.3.2. There are no more Absentee Bids accepted in the last 15 minutes of an Auction, only exactly placed current Live Bids at or over the minimum Bid can be placed in the last 15 minutes of an Auction. If the Live Bid and Absentee Bid are equal at the end, the auction is won by the Live Bid (if the reserve is met) Refer to clause 6.4. If two or more Absentee Bids are placed on the same amount that wins the auction, the earliest placed Absentee Bid wins the auction (if the reserve is met). The Buyer can make also a Presale Offer or a Aftersale Buy Now in order to buy the car.
- The seller can require a reserve (in the meaning of a minimum amount for which the car will sell) for the Vehicle. The seller can lower the reserve during the Auction, but only to an amount that is higher than the highest bid.
- Seller is solely responsible for the accuracy of the description, condition, authenticity and quality of the Vehicle (otherwise the agreement can be terminated, if a serious inaccuracy occurs).
- Seller warrants that seller is the legal owner of the Vehicle, or has written agreement with owner of the Vehicle and is authorized to sell the Vehicle listed on the Site, and that the object of the sale (the Vehicle) to the successful Buyer will be free of any charges or encumbrances and that seller shall transfer legal ownership of the Vehicle.
- In ensuring accuracy, the advertised mileage can be exceeded by no more than 1,000 kilometers at the point of collection by the Buyer, unless otherwise agreed with the Buyer.
- BIDDING FOR A VEHICLE ON OUR SITE
- Buyer bidding for a Vehicle acknowledges that he is responsible to:
- arrange an inspection of a Vehicle that Buyer intends to bid on;
- directly contact with the Seller to purchase the Vehicle once auction has finished and Buyer's bid is approved by us as the highest bid on the Vehicle, subject to achieving any reserve required by the Seller;
- inspect the Vehicle at the point of collection;
- independently determine the description, ownership, value, condition, authenticity and quality of the Vehicle; and
- pay shipping and delivery costs associated with Buyer's purchase of a Vehicle, including but not limited to taxes, fees and testing charges.
- Buyer agrees that each bid submitted for a Vehicle is a legally binding obligation by the Buyer, and if the bid is successful and achieves any reserve required by the Seller, Buyer is obliged pay our fees.
- Buyer is making an irrevocable offer to purchase the Vehicle and to pay to the Seller the final amount of Buyer's highest bid.
- If a Buyer makes the highest bid on the Vehicle and that bid is below the reserve set by the Seller and Vehicle is not sold in Aftersale, we might communicate to the Seller the highest bid on the Vehicle, subject to agreement of the Seller.
- We contact the Seller and determine whether they are willing to accept Buyer's highest bid, and we will notify the Buyer whether their highest bid has been accepted or rejected.
- The Buyer's bid will be deemed to be rejected if the Seller has not notified us in writing, confirming its acceptance within 24 hours following the auction'send. This 24-hour period can be extended by written agreement between us and the Seller.
- When the Buyer is notified that the bid has been accepted by the Seller, the bid is successful.
- If Buyer's bid is successful, subject to achieving any reserve required by the Seller, the Buyer will pay to the Seller the total amount of the highest bid within 7 working days after the end of the auction, unless otherwise agreed with the Buyer.
- Buyer and Seller agrees on a suitable payment method for the Vehicle. The Buyer may choose to use the services of an escrow agent.
- AUCTION PROCESS
- The process and rules for selling and buying a Vehicle, in addition to these Terms, are found in FAQs at our website.
- We have the right, at our absolute discretion, to withdraw any Vehicle from an Auction, whether the lot has a reserve or not. We are not required to provide any reason for exercising this right of withdrawal.
- DISPUTE RELATING TO A SALE
- Any dispute with respect to the sale of any Vehicle shall be resolved between the Buyer and the Seller and without the participation of Auctomobile.
- APPLICABLE FEES
- Using the Site is free for the Buyers.
- The listing Fee for the Sellers is EUR 99 (ninety-nine euros) including VAT.
- When Buyer bids on a Vehicle, our third party payment provider, Mangopay, will put a hold on Buyer's credit or debit card for the fee payable (minimum 500 EUR). Buyer will be providing credit or debit card information directly to Mangopay. By registering to make a payment to us using Mangopay users confirm that they accept and agree to be bound by Mangopay's terms and acknowledge that they constitute a legally binding contract between Mangopay and the user.For the Buyer who has made the highest bid on the Vehicle, subject to achieving any reserve required by the Seller (or if the Buyer used the Aftersale Buy Now option), the Buyer will pay to us a maximum commission rate of 5% + VAT calculated on the final selling price of the Vehicle unless:
- If the commission calculated is less than 500 EUR, the Buyer will pay a minimum fee of 500 EUR+ VAT.
- If the commission calculated is more than 5.000 EUR, the Buyer will pay a maximum charge of 5.000 EUR+ VAT.
- Above stated conditions (10.3.1. to 10.3.3.) are the same for the After sale 'Buy Now 'phase.
- The commission rate for a winning Absentee Bid or accepted Presale Offer is reduced to 4 % + VAT.
- The seller receives a revenue share of 1 % of the selling price (min. 100 EUR, max. 1.000 EUR) if he chooses to set no reserve.
- The Credit or debit card authorization fee will be processed by Mangopay on our behalf. The fee for first registration of a credit or debit card is 1 EUR inclusive VAT.
- Users credit card or debit card will be charged if users are successful in the auction in which case immediate payment shall be taken by Auctomobile for our fees. If final fee is higher than pre-authorized ammount on users credit/debit card 10.7. apply. The fees payable to Auctomobile are non-refundable.
- Mangopay will encrypt and tokenise users credit/debit card information and the Buyer confirms that Mangopay will pre-authorise any amount applicable to the fees payable to us by the Buyer with the highest bid, which are automatically payable upon Buyer winning an auction, and the Buyer will authorise the processing of the payment of the fees to us at that time. It is Buyer's responsibility to ensure there are sufficient funds available regardless of any pre-authorisation. If any payment is declined, the auction may be cancelled by us.
- If Mangopay are unable to take the fee payable from user's credit or debit card then user must make the payment of the outstanding amount in one of the currencies specified in clause 10.8 and transfer funds during normal banking hours to the bank account that we will specify within 24 hours after the end of the auction.
- The fees for our service will be charged in Euros (€).
- Users are responsible for paying applicable taxes.
- We and our payment service provider cannot be held liable for any tax liabilities users may incur because of the transactions on the platform.
- If user fails to carry out the payment according to the provisions mentioned in this document, we may also charge interest on any balance outstanding at the rate of 8 % a year (+ VAT).
- Pre-auction 'Make Offer' option:
In case the Buyer wants to use a Presale phase to make a Private Presale Offer, that will not be published and try to buy the car even before the auction starts. This will be accepted or declined by the seller within 12 hours. When accepted, the offer will not be published in the archive (only PRESALE OFFER ACCEPTED will be shown). This option ends 12 hours before the start of the auction (=7 days before the end of the auction). The Buyer will immediately pay to us our fee as set out at clause 10.3 above once it is confirmed that the Buyer will purchase the Vehicle.
- Post-auction 'Buy Now' option:
In case the Vehicle does not sell when the auction period is finished, the Vehicle will continue being listed on the Site for a period of 7 calendar days for the reserve. The Buyer will immediately pay to us our fee as set out at clause 10.3 above once it is confirmed that the Buyer will purchase the Vehicle.
If a buyer or seller does not fulfil their obligation and blemish the auction. For example: The seller does not sell or hand over the car with all necessary documents after the car is sold with Auctomobile and paid by the buyer or sells the car to a third party during the auction or after-sale period or sells a car that seriously contradicts the sale description or selling a car via contacting buyers with a direct message on Auctomobile. The buyer does not pay the premium or the sale price or buying a car via contacting sellers with a direct message on Auctomobile. Then the sale is cancelled and a penalty will be charged.
In the case of the Buyer or Seller failing to fulfil his or her performance of his or her obligation, including but not limited to, following payment by the Buyer, failure to complete the sale transaction of the Vehicle; failure to transfer possession of the Vehicle to the Buyer; failure to supply the Buyer with the required documentation regarding the Vehicle; sale of the Vehicle to a third party during the auction or after-sale period; sale of a Vehicle that does not correspond to a reasonable extent to the description of the Vehicle (for example previously not reported accidents); sale of the Vehicle by the Seller via contacting a Buyer via the direct message function on the Site;purchase of the Vehicle by the Buyer via contacting a Seller via the direct message function on the Site; foregoing by the Buyer of paying of the premium or the sale price of the Vehicle, the sale of the Vehicle shall be suspended and a penalty shall be imposed on the offending party to the extent of up to three thousand (3,000) EUR, determined by assessment of damages arising from the offending party's conduct.
- PRIVACY AND PERSONAL INFORMATION
- CANCELLING THIS CONTRACT
- Consumers' right to cancel:
- Cancelling account.
Unless user is participating in an Auction or the seven (7) day period after the Auction has not lapsed, user can cancel the account membership with us at any time by informing us of decision by using the cancellation form.
- User has the right to cancel the contract within 14 days without giving any reason.
- To exercise the right to terminate the contract, user must inform us by a written statement (e.g. a letter sent by post or email). User can use the cancellation form accessible from his/her profile page accessible after login to Auctomobile.
- Seller who has listed a Vehicle or a Buyer who has submitted a bid on a Vehicle during an Auction cannot cancel this contract until the end of the Auction and an additional period of 7 (seven) days after the Auction ends. If Seller withdraws the car from the sale, we can claim losses and sanctions.
- SUBMITTING INFORMATION TO THE SITE
- Whenever user uses a feature that allows to upload Content to Auctomobile or the Site, or to make contact with other users of our Site, user is not allowed to provide Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate.
- Any Content users upload to the Site will be considered non-confidential and non-proprietary. Users retain all ownership rights in the Contentand are required to grant us and other users a limited license to use, store and copy that Content and to distribute and make it available to third parties. The rights users grant us are described in clause 15.1.
- Users are not allowed to provide a Content that they do not have the right to submit, unless they have the owner's permission; this includes material covered by someone else's copyright or any other proprietary right.
- We will not be responsible, or liable to any third party, for the content or accuracy of any Content posted by users to the Site and/or Auctomobile.
- We have the right to remove any posting users make on our Site if, in our opinion, post does not comply with the content standards described in this policy.
- The views expressed by other users on our Site do not represent our views or values.
- OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS
- When users upload or post content or submit material to Auctomobile or the Site, they grant to us a perpetual, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, distribute and display descriptions and images of their Vehicle in connection with the service provided by the Site and across different media and for the purposes of marketing and promotion of the Site and Auctomobile. Users acknowledges and warrants that they own or otherwise control all of the rights to the content that they upload or post.
- The Site and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). Intellectual property rights mean rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and are free to use them as we and they see fit.
- These Terms does not grant users any legal rights in the Site other than the ones that are necessary to enable the access to the Site. Users agree not to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.
- Trademarks: "Auctomobile" and our logo are our trade marks. Other trademarks and trade names may also be used on the Site. The use of any trade marks on the Site is strictly prohibited unless the user has our prior written permission.
- ACCURACY OF INFORMATION AND AVAILABILITY OF THE SITE
- While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that user may place on the information on the Site is at user's own responsibility.
- We may suspend or terminate operation of the Site at any time as we see fit.
- News, articles, podcasts or similar media are provided for user's general information purposes only and to inform users about us and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
- While we try to make sure that the Site is available for use, we do not promise that the Site is available at all times nor do we promise the uninterrupted of the Site.
- HYPERLINKS AND THIRD PARTY SITES
- The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for user's convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Users use of a third party site may be governed by the terms and conditions of that third party site.
- Users may create a link to our Site from another website without our prior written consent provided no such link:
- creates a frame or any other browser or border environment around the content of our Site;
- implies that we endorse user's products or services or any of the products or services of, or available through, the website on which users place a link to our Site; or
- displays any of the trademarks or logos used on our Site without our permission or that of the owner of such trademarks or logos.
- We reserve the right to require users to immediately remove any link to the Site at any time, and users shall immediately comply with any request by us to remove any such link.
- LIMITS ON OUR RESPONSIBILITY TO THE USERS
- Limit on our responsibility to users:
- Except for any legal responsibility that we cannot exclude in law or arising under applicable laws relating to the protection of user's personal information, we are not legally responsible for any losses that:
- were not foreseeable to the user and us when these Terms were formed; or
- that were not caused by any breach on our part;
- business losses; and losses to non-consumers.
- Limit on our responsibility to non-consumer users:
- Our liability under or in connection with the contract (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause.
- Subject to clause 18.2.5, our total liability shall not exceed the sum of money paid or payable to us by the user for the services under this contract.
- Subject to clause 18.2.5, we shall not be liable for consequential, indirect or special losses.
- Subject to clause 18.2.5, we shall not be liable for any of the following (whether direct or indirect):
- loss of profit;
- loss or corruption of data;
- loss of use;
- loss of production;
- loss of contract;
- loss of opportunity;
- loss of savings, discount or rebate (whether actual or anticipated);
- harm to reputation or loss of goodwill.
- Notwithstanding any other provision of the contract, our liability shall not be limited in any way in respect of the following:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation; or
- any other losses which cannot be excluded or limited by applicable law.
- A sale contract for a Vehicle is between a Seller and a Buyer. Auctomobile does not guarantee and is not responsible for the performance of a Buyer or a Seller participating in a sale of any Vehicle. We shall not be responsible for obligations arising from the sales contract and we exclude all liability arising from the sales contract.
- EVENTS BEYOND OUR CONTROL
We shall have no liability to users for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident, pandemics.
- RIGHTS OF THIRD PARTIES
No one other than a party to these Terms has any right to enforce any of these Terms.
No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 21. We reserve the right to amend these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, users agree to be bound by any variation made by us. It is user's responsibility to check these Terms from time to time to verify such variations.
- UNENFORCEABLE PROVISIONS
If any provision of these Terms is found to be unenforceable, the enforceability of all other provisions shall remain unaffected.
- JURISDICTION AND APPLICABLE LAW
- For non-consumer users, the courts of Estonia will have exclusive jurisdiction in relation to these Terms and the law of the Republic of Estonia will apply to these Terms.
- For consumer users, the courts of Estonia will have non-exclusive jurisdiction in relation to these Terms and the law of the Republic of Estoniawill apply to these Terms.
These Terms were last updated on 2020-07-25.