GENERAL TERMS AND CONDITIONS

 
Auction GTC Direct Sale GTC GTC Online Bidding Traffic light system, general guidelines on complaints and liability regulation

P.S: The main goal of this translation is to give a better understanding of our general terms & conditions in English. However, in case of doubt, the German terms and conditions apply.

AUCTIONS GENERAL TERMS AND CONDITIONS (Auction GTC)

of auction4you gmbh, Bahnhofstraße 40, 94032 Passau
Hereinafter: auction4you (As of May 1st, 2020)

1.1. auction4you mediates, itself or via an auction house, between buyers and sellers for the purchase and sale of new or used Automotive Parts and accessories (hereinafter « vehicle») in the name of and for the account of a potential Buyer. However, auction4you provides the buyer with the invoice, handles the sale process, and collects the purchase price claim in its own name. As set forth in the mandatory legal requirements and section 15.2, the name and the address of the seller will not be disclosed during the sale process. auction4you always acts as a mediator between prospective Buyers and Sellers. auction4you or the auctioneers are generally not the owners, buyers, or sellers of the vehicle.
1.2. Participants shall only use auction4you’s services for the intended purposes.
1.3. auction4you is entitled at any time to restrict, expand, or discontinue its services without prior notice.

These GTC regulate the rights and obligations of the following parties:
2.1. auction4you as a mediator
2.2. Participants as registered users of the sales platform, these are:
Supplier as a prospect and provider of a vehicle-sale
Bidder as a prospective buyer and provider of a vehicle-purchase
2.3. Contracting parties, namely the seller and the buyer:
Seller whose vehicle was sold to a bidder under these GTC
Buyer whose bid leads to the purchase of a seller’s vehicle according to these GTC.

These GTC regulate the following contractual relationships and become part of the contractual relationships as follows:
3.1. DETERMINED CONTRACTUAL RELATIONS
These GTC apply to all the above-mentioned auctions organized by auction4you namely
– to the relationship between auction4you and the participants
and
– to the relationship between the supplier and the bidder
as well as
– to the relationship between auction4you and the contractual parties
and
– to the relationship between the seller and the buyer
3.2. INCLUSION OF THESE GTC
These GTC are accepted upon registration as a participant and by submitting an offer by the seller or the bidder.
3.3. AMENDMENTS TO THE GTC
3.3.1. auction4you can amend the GTC at any time with future effect. If Auction4you changes the GTC, Auction4you will announce the amendment in due time and in a suitable manner.
3.3.2. By participating in the auction, the participants agree to the validity of the amended GTC. The amendment only affects auctions that did not start when the change was announced.
3.3.3. Offers to amend the auction GTC by the participants require the explicit written confirmation (as specified in section 126 of the German Civil Code) by auction4you to be effective.
3.3.4. If the participant objects to the amendments of the GTC, he will be is excluded from participating in auctions.
3.4. EXCLUSIVE VALIDITY OF GTC
These General Terms and Conditions apply exclusively to the use of the sales platform, the mediation between Auction4you and participants, as well as all purchasing and sales agreements concluded and carried out in accordance with these General Terms and Conditions. Auction4you hereby declares that it will under no circumstances whatsoever conclude or negotiate contracts unless these terms and conditions are applied.
Should at any time conduct on the part of Auction4you or third parties with respect to the inclusion of these Auction GTC be interpreted for participants or purchase contracting parties that Auction4you wants to conclude and negotiate the contracts without including these Auction GTC, Auction4you declares already at this time that this will not be the case, and, in case of doubt, Auction4you does not want to conclude such a contract without including the GTC. These doubts, therefore, already exist if auction4you does not confirm in writing that the contract should be concluded or brokered in this special case even without the auction GTC being valid.
auction4you hereby declares that there are no employees or other representatives on Auction4you’s side who are authorized to make exceptions to the inclusion of the General Terms and Conditions. It is therefore stated in the sense of an interpretation rule that Auction4you waives the conclusion or mediation of a contract in case of doubt of the non-validity of these GTC.

Before using the sales platform and participating in an auction, interested parties must register as participants. There is no entitlement to registration. Registration is free of charge.  Registration becomes effective only if auction4you accepts the registration and expressly declares the admission to participate, usually by e-mail or in writing.
4.1. EXCLUSIVITY FOR ENTREPRENEURS
Only entrepreneurs as defined by Section 14 of the German civil code are allowed to register, i.e. people who are engaged in a commercial or an independent activity.
4.2. EXCLUSION OF CONSUMERS
Persons who are not entrepreneurs as defined by Section 14 of the German Civil Code, i. e. persons who are engaged neither in a commercial nor independent activity, are excluded from registration.
4.3. REGISTRATION PROCESS
Registration takes place either online via the auction4you homepage or in writing at auction4you GmbH.
4.4. CHECKING THE REGISTRATION REQUIREMENTS
auction4you is not obliged to check the registration requirements but reserves the right to request suitable proof from interested parties, particularly proof of commercial or independent activity.
4.5. ACCURATE AND COMPLETE INFORMATION
Interested parties must accurately and completely provide the information and details requested for registration to Auction4you. This applies namely to people who are exercising their commercial or independent professional activity and to the existing representation relationships with the participants. Registered participants are responsible for keeping the requested information during registration up to date; this particularly applies to amended representation relations.
4.6. WITHDRAWAL OF REGISTRATION
Registration can be withdrawn from the participants by Auction4you at any time without stating reasons, whereby current and closed auctions are not affected by this. If the participant violates these GTC or other rights of either auction4you or a third party in connection with the use of the sales platform are violated, auction4you can also exclude the participant from ongoing auctions. Auction4you will indeed use this option, particularly if a participant:
– according to Section 4- provides incorrect information or does not correct incorrect information immediately
– contradicts the validity of the auction GTC or does not accept them,
– violates these auction GTC,
– does not fulfill its contractual obligations and duties, towards auction4you or other participants.
4.7. REGISTRATION CANCELLATION BY PARTICIPANT
Participants can cancel the registration at any time by the means of a written notice to Auction4you LLC within no later than 14 business days of making a cancellation request on the platform. The cancellation has no effect on ongoing direct sales, even if no bids have been submitted so far. In particular, the termination does not entitle the user to prematurely end a direct sale, to withdraw an offer as a seller or a bid as a buyer.

The delivery takes place under the following conditions of the brokerage agreement:
5.1. RIGHT OF DISPOSAL ON VEHICLE
Participants may only hire vehicles which are free from third-party rights and over which the participant may legally and actually freely dispose. This applies in particular to copyrights, industrial property rights and other third-party rights.
5.2. RESTRAINT ON PUBLICITY / PUNISHABILITY / PUBLIC DECENCY
By placing the vehicle for auction, the participants may not include any advertising for goods other than the good offered, implement criminal offenses, or violate common decency. They may not infringe copyrights, industrial property rights or other rights of others.
5.3. MINIMUM DISCLOSURE REQUIREMENTS
Suppliers must, at the time of placing the merchandise on the market, describe its essential characteristics accurately and completely providing the following minimum information:
– Vehicle identification number
– Manufacturer and model
– Description of the condition at the time of hiring
– Accident damage and other damage or defects
– Equipment and accessories
– Pickup location
– Reserve price
– Payment and delivery arrangements
– Year of construction and model year
– Date of first registration
– Mileage
– Origin of vehicle
– Number of previous owners, if known
– Information on driving ability / ability to roll
– Fuel tank level

This list does not, however, exempt the supplier from the obligation to independently check whether all the value-enhancing and value reducing characteristics of the vehicle are accurately and completely listed. Supplier must classify the offered merchandise according to the standardized auction4you traffic light system, see “traffic light system for complaint and liability regulation”.
auction4you does not check the description and information for accuracy, completeness, or plausibility. In this respect Auction4you is only responsible for the correct adoption of the description of the supplier, but not for its content.
5.4. STANDBY DUTY OF THE SUPPLIER
5.4.1 The supplier shall have all the vehicle keys, the vehicle documents, and in particular the following: Registration certificate and the identification document, Deregistration Certificate, EU Certificate of Conformity ,Certificates of general inspection & exhaust emissions inspection, Service Booklet, Operating Instructions (the maintenance book), Guarantee Documents (if there is a guarantee) so that they can be handed over to the buyer immediately after the bid is waved.
5.4.2 In the case of non-availability of documents, the supplier guarantees to hand them over to auction4you at the latest within 21 business days of sale. If not received, the buyer or auction4you may requests the delivery of the missing documents from the 22nd Business day. The supplier shall then deliver the missing documents to auction4you within 24-hours. If the documents are not handed over in due time, the buyer or auction4you can withdraw from the purchase.
5.5. THE SUPPLIER WARRANTY COMMITMENT
The supplier guarantees to Auction4you in accordance with Sections 434 and 435 of the German civil code the accuracy and the completeness of all information given under section 5 at the time of posting and launching the auction.
5.6. EXEMPTION
The supplier is obliged to exempt auction4you from all claims and costs that are asserted against auction4you due to a breach of one of the obligations mentioned above in sub sections 5.1 – 5.5 by the supplier.
5.7. VERIFICATION OF INFORMATION AND PLACEMENT OF THE ORDER BY THE SUPPLIER
The supplier agrees to verify the accuracy of the information on his vehicles which is accepted by Auction4you in the auction catalogue and on the sales platforms and to report any errors immediately. He is obliged to report any deviations of the information he has given in sub section 5.3.
If the supplier does not report the modification requests before the start of the auction, the information is deemed to have been accepted and the assignment for implementing the auction is deemed to be issued.
5.8. ASSIGNMENT OF THE SUPPLIER´S RIGHTS AND CLAIMS
5.8.1. The supplier assigns auction4you in advance all rights arising from a contract of sale concluded between the supplier and a bidder to withdrawal and assertion on his own account and in his own name from auction4you.
5.8.2. Subsequently, auction4you grants the supplier a right for payment of the amount actually collected by auction4you from the bidder/buyer or from a merchant financier minus all fees, charges, prices, costs or other claims that auction4you has either against the supplier/seller or against the bidder/buyer or a merchant financier.
5.9. AUTHORIZATION
The supplier authorises auction4you to hand over and transfer the sold vehicle along with accessories, papers and keys to the buyer or a Merchant financier, without auction4you being obliged to do so.

Fees and Charges accrue for the use of the auction and sales platforms accordantly with auction4you’s current price list.
6.1. OVERVIEW OF THE PRICE LIST
The price list can be viewed on the Auction4you homepage, in the auction catalogue and in the auction house.
6.2. REDUCTION OF CHARGES
auction4you is entitled to reduce the fees contained in the price list before and during an ongoing auction. In the case of an ongoing auction, Auction4you will inform you adequately of the reduction.
6.3. FEES FOR WITHDRAWED AUCTIONS
If an auction is not carried out or an ongoing auction is withdrawn because of  the consigner´s default,  particularly due to a breach  of these GTC or other obligations towards auction4you or other participants or contracting parties, the supplier shall nevertheless pay the fee or charges specified in the price list.
6.4. FEES FOR WITHDRAWED PURCHASES
If a concluded purchase contract is not carried out because of the Bidder´s default (e.g. due to nullity, contestation, non-compliance or recession), in particular due to a violation of these auction  GTC or other obligations towards auction4you or other participants or contractual parties, the latter has Participants nevertheless pay the fee or charges mentioned in the price list as if the purchase had been successfully completed.

The currency of auction and payment is the Euro.

8.1. TAX SYSTEM
Unless otherwise stated, all prices are net prices, plus the currently applicable VAT. For sales both domestic and abroad, there may be deviations regarding VAT and other mandatory tax regulations.
8.1.1. Buyers from other EU countries must present their valid VAT ID number when registering. After purchasing, they must confirm that the vehicle is exported from the Federal Republic of Germany. If these requirements are met, a deposit equal to the VAT amount will be charged. This deposit will be refunded upon presentation of the transport note (CMR) stamped in the country of destination. If a transport company authorized by and through auction4you is used for the transport, VAT can be deducted from the gross price and a net invoice can be issued.
8.1.2. Buyers from non-EU countries are generally obliged to pay the purchase price and all fees including VAT. After providing proof that the vehicle was exported from the EU and went through the customs process, auction4you will refund the VAT. Evidence must be provided by presenting the export declaration of the EU Border Customs Office with a note on the export.
8.2. DIFFERENTIAL TAXATION
In the case of differential taxed vehicles, all prices are end prices, unless otherwise agreed in these terms and conditions or in individual cases. There are additional charges and fees according to the price list.
8.2.1. auction4you, seller and buyer assume that according to paragraph § 25 of the Tax law no value added tax is to be reported and therefore is not withheld by auction4you.
8.2.2. auction4you, sellers and buyers agree that the purchase price to be paid will be increased by the value added tax payable at the time of the VAT claim, contrary to the assumption mentioned in sub section 8.2.1, value added tax shall be paid.

The following regulations determine the course of the auction, reciprocal rights, and obligations as well as the conclusion of a sales contract for the participants and contracting parties. These rules are intended to make the auction process effective, to quickly establish certainty about the effectiveness of the purchase and to create legal certainty about complaints as quickly as possible. It is against this background that the rules should be interpreted.

9.1. TRAFFIC LIGHT SYSTEM, COMPLAINT AND LIABILITY REGULATIONS
For the practical operation of the auctions and the procedure for complaints, reference is made to the appendix “Principles of complaints and liability regulations” and attached to these GTC. This applies namely to the regulated trading system and to the responsibilities between buyers and sellers. Insofar as the appendix “Principles of Complaints and liability regulations” should contradict this auctions GTC in individual cases, the wording of the GTC shall be deemed to be of primary importance and legally authoritative vis-a-vis the Appendix.

9.2. DUTY TO INFORM PARTICIPANTS BEFORE THE AUCTION
Before each auction, participants must find out about the current auctions GTC and price lists for suppliers, bidders, sellers, and buyers fees and charges within 24 hours before the scheduled auction.
The descriptions on the online platform or in the catalogue are not guaranteed properties or property agreements. This applies especially to all information about origin, condition, age, and authenticity, which in principle shall not be regarded as an assurance or guarantee. Used vehicles can show signs of wear corresponding their age or mileage.

9.3. SUPPLIER’S OBLIGATIONS BEFORE THE AUCTION
The supplier shall hand over the vehicle to be auctioned, including all vehicle keys and vehicle documents and accessories, to Auction4you no later than three days before the auction date.
The costs and the risk for delivery to the place of storage designated by auction4you shall be borne by the supplier. In case of late or incomplete handover auction4you is entitled to charge a late fee according to the applicable price list. The right to allege a damage caused by default remains unaffected

9.4. PROCEDURE OF THE AUCTION
9.4.1. In addition to registering as a user of the sales platform, anyone interested in participating in an auction must register for it individually. This auction registration can be done via the auction4you website, in writing or on site. The participant registered for the auction will receive an auction catalogue either on the auction4you website or on site or if requested in writing. The auction catalogue contains the bidder number of the participant.
9.4.2. auction4you gives ample opportunity to inspect the Vehicle on the day of the auction.
9.4.3. The information provided on the vehicle in the catalogue or on site at the auction does not relieve the bidder or buyer from the inspection of the vehicle.
This also applies to bidders who are not present on site but submit bids by telephone, fax, CarLife or other means of long-distance communication. These bear the risk that they will not be able to detect obvious defects during an inspection; auction4you therefore recommends that every bidder comes for the auction on site.
9.4.4. Evident and universally recognizable defects of the actual condition vis-a-vis the catalogue´s description, are considered approved and are not subject of complaints.
9.4.5. Vehicles coming to the auction will be individually proclaimed and auctioned in the order in which they are listed in the auction catalogue. The auctioneer may change the order and also bring vehicles not listed in the auction catalogue to auction.
9.4.6. The information on the vehicle provided by the supplier is visually and properly displayed at the auction, particularly in the auction catalogue. Detected defects described in the auction catalogue are clearly and appropriately indicated at the auction, in particular by yellow light in the traffic light system accordingly with the guidelines “traffic light system, complaint and liability regulations” of auction4you. If the auctioneer discovers deviations from the vehicle description in the auction catalogue during the auction, he will indicate this via a traffic light system or by announcement.
9.4.7. The bidding steps (e.g. 100, 200 EURO) will be announced by the auctioneer before each individual auction.
9.4.8. Bids can only be submitted using the procedure described here and are otherwise ineffective. A bid is a binding offer to buy the vehicle.
The auctioneer is entitled to reject bids without giving reasons. The auctioneer may make ineffective bids, e.g. take bids under reserve, without being obliged to do so, provided that the supplier agrees.
9.4.9. The auctioneer shall call for bids at the beginning of the auction and after each bid placed. The contract shall be awarded to the bidder whose bid is the highest after three calls and has reached the reserve price requested by the Supplier. However, the highest bidder is not entitled to a knockdown. Immediately after the knockdown, the buyer must show his customer number, which is on the auction catalogue.
9.4.10. If the highest bid is less than the reserve price set by the supplier, the auctioneer can accept this bid subject to the consent of the supplier without being obliged to do so. In this case, the auctioneer declares acceptance under reservation. If the supplier or Auction4you gives the consent to the bidder within 24 hours, the purchase contract is concluded. For this period, the bidder whose bid was below the reserve price is bound to his last bid.
9.4.11. With the knockdown, a purchase contract is concluded between the supplier and the bidder, whereby the supplier’s purchase price claim against the buyer is assigned to Auction4you. Auction4you is authorized by the supplier to assert contractual and legal claims against the buyer.

9.5. CONTENT OF THE SALES OFFER
The vehicle is generally offered by the supplier in the condition it was in at the time of the knockdown and in consideration of the auction4you guidelines “traffic light system, complaint and liability regulations”.
Unless a characteristic feature is expressly warranted in a manner that the supplier with respect to the bidder, irrespective of indebtedness by way of an independent guarantee undertaking, will be responsible for characteristic features according to sections 434 and 435 of the German civil code missing hardware and accessories, as well as minor damages not covered by the description and other prevailing opinion, which objectively reduce the item value according to general consensus, do not substantiate defects within the legal sense and will not result of claims or other rights on the part of the bidder and buyer. However, this only applies if the deviations in value of a defect do not exceed a value of EUR 300 net. The local retailer’s cost price at the time of receipt of the notice of defect is decisive.
If the deviation of the general traffic conception represents an increase in value compared to the description in the setting, this does not constitute a defect, unless it is a deviation that would affect a delivery negatively.
If there is disagreement between the parties to the contract of sale as to the type and amount of the deviation which reduce the item´s value, auction4you shall, in the name and on behalf of the buyer, commission a court-sworn expert for vehicles with the assessment for Automotive parts and accessories of whether, following the reasoning mentioned above, whether an impairment loss represents more than EUR 300 net or 5% of the purchase price.
The appraisal is binding the contracting parties unless the expert gives a wrong appraisal through gross negligence or wilful misconduct.

9.6. PROHIBITED ACTS OF THE PARTICIPANT DURING THE AUCTION
9.6.1. During an ongoing auction, the supplier is prohibited from offering comparable vehicles to the participants by any means other than through another auction.
9.6.2. The supplier is prohibited from offering reserved vehicles to third parties for purchase or to dispose of the vehicle in any other ways until the Auction´s conclusion.
9.6.3. The supplier is prohibited from placing bids on his own offers himself or through third parties.

9.7. CONTENT OF THE BUYER’S BID
When submitting a bid of a certain amount, the bidder takes into account that the vehicle is only described for information purposes in the set description and that the vehicle is offered in the as-is condition in the time of the knockdown,  i. e. that the vehicle is allowed to deviate from the description in the vehicle’s setting in the objective value in accordance with section 9. The bidder also considers the auction4you guidelines “Traffic light system, complaint and liability regulations”.

9.8. BIDS ALIGNMENT
If there are several bids of the same amount at the end of the auction, the participant who submitted the highest bid first will be the highest bidder. If both bids are submitted at the same time, the auctioneer is responsible for determining the highest bidder. The auctioneer reserves the right to call again in cases of doubt.

10.1. MATURITY OF THE PURCHASE PRICE
The purchase price is due upon knockdown.
10.2. PAYMENT METHODS
The following payment methods can be used:
– Transfer or express transfer
– Cash deposit at our house bank
– Cash payment is not accepted.
10.3. ONLINE BILLING
10.3.1. The buyer declares his consent to the transmission of online invoices.
10.3.2. The online invoice is sent to the provided email address on the auction4you website in the customer area.
10.3.3. The buyer is advised to print out the online invoice in paper format; however, the paper format is not considered as receipt according to the tax law.
10.3.4. The printed online invoice must be kept for ten years.
10.4. SHOPPING LIST AND INVOICE
The buyer is obliged to make the necessary entries in the purchase list and to accept the invoice from auction4you immediately after the bid is waved.
10.5. PAYMENT DELAY
Upon receipt of the invoice, the buyer is in default of payment without the need for a reminder from auction4you.
10.6. DELIVERY AND RETENTION
auction4you shall make the vehicle available for delivery to the purchaser after complete and irrevocable payment and shall request its acquisition. The buyer undertakes the acquisition of the vehicle in any case, even if he asserts or intends to assert counter-rights. auction4you reserves the right of retention on the vehicle documents until full payment of the purchase price, including fees and charges.
Unless otherwise agreed, any costs for provision, delivery, export fees or bank charges shall be borne by the purchaser.
10.7. EXTENDED RETENTION OF TITLE
10.7.1. The Seller shall retain title to all items until he receives full payment of the purchase price of all vehicles; including all fees and additional costs. Partial payments are not possible. The seller shall also retain title to all items delivered until all its claims arising out of the business relationship with the Purchaser including claims arising in future out of contracts concluded at a later date and including any recourse or indemnity claims arising out of bills and cheques have been settled in full. This shall also apply to any balance to the Seller’s credit if individual or all claims have been posted by the Seller to a current account and the balance is struck.
If in connection with payment of the purchase price by the purchaser, an obligation to accept the bill of exchange or check is established for the seller, the reservation of title along with the claims that derive from the delivery of goods and form its basis only expire when the payment is cleared by the purchaser as payer.
10.7.2. Any processing of the reserved merchandise shall be done for the Seller as manufacturer, without, however, obligating the Seller. the Seller shall acquire title to the new object. If goods of the Seller are processed with other items not delivered by it, the Seller shall acquire joint title to the new object in the same proportion as the invoice value of its goods bears to the invoice values of the other processed items.
Should the reserved goods be mixed or proceeded with goods not belonging to the seller in accordance with §§ 947, 948 German Civil Code, the seller shall acquire joint-title analogous to the legal regulation. If the Seller’s goods are combined, mixed, or jointed therewith to form an integral part, the Purchaser herewith already assigns to the Seller the joint ownership thereof in the same proportion. The buyer shall hold the object owned or jointly owned by the Seller in safekeeping for the Seller free of charge.
10.7.3. If the merchandise is subject to retention of title are resold separately or together with goods not owned by the seller, the buyer transfers the demands from a resale to the amount of the goods subject to retention of title with all additional rights and rank of the rest. The seller accepts the assignment. The value of the goods under reservation of title shall be the amount invoiced by the seller, but this shall not be considered if the rights of third parties stand in the way. If the seller is co-owner of the resold goods subject to retention of title, the transfer of the demand will amount to the quota of the seller´s joint title.
10.7.4. The buyer is only entitled and authorized to resell, use or install the good under reservation of title in ordinary business dealings and only on condition that the claims as described in sub sections 10.6.2 and 10.6.3 actually pass to the seller.
The Buyer is not entitled to any other dispositions about the merchandise under reservation of title, especially pledging and the transfer of ownership for security.
10.7.5. The Seller authorizes the Buyer, subject to the recall, to withdraw the assigned claims. the seller will not exercise his right to collect the claims himself as long as the buyer complies with its payment obligations, including his payment obligation toward third parties. At the customer’s request the seller shall name the debtors of the claims assigned and notify them of such assignment; the seller shall be entitled to inform the debtor of the assignment.
10.7.6. Should any execution or distress by a third party be levied upon the reserved goods or the assigned claims, the Purchaser shall without delay notify the seller thereof and delivered to him many documentation required  in order to object against such execution and or distress.
10.7.7. Upon discontinuation of payment and/or application and commencement of insolvency proceedings, the right for resale, utilization or installation of good subject to retention of title or the authorization of withdrawal of the assigned claims shall expire; in the case of cheque or bill protesting the collection authorization it expires as well. This does not apply to the rights of insolvency administrators.
10.7.8. If the value of the security provided exceeds the total value of claims (or is reduced by an amount corresponding to payments and part-payments made) by more than 20%, the seller undertakes, as its own discretion, to transfer back or release security accordingly.
10.7.9. Upon redemption of all the Seller’s claims from the business connection, the ownership of the goods subject to the retention of title and assigned claims will be transferred to the seller. In derogation of the above, the ownership of the merchandise, subject to retention of title in case of purchase financing, passes to the buyer’s dealer financing provider after full payment of the merchandise.
10.8. INSPECTION AND COMPLAINTS PROCEDURE
10.8.1. After the conclusion of the contract, the buyer subjects the merchandise to an inspection of defects immediately after delivery.  This also applies to bidders who are not present on the spot but who submit bids by telephone, fax or other means of distance communication.
10.8.2. Defects must be notified to auction4you in writing immediately after the conclusion of the contract and taking into account the auction4you Germany guidelines “traffic light system, complaint and liability regulations.” Such defects or misstatements, which can only be recognized on the basis of the vehicle documents, must be notified to auction4you immediately after receiving the vehicle documents. Subsequent complaints cannot be taken into account.

11.1. STORAGE COSTS
can provide warehousing of vehicle under the financial conditions set forth in the current price list.
11.2. RETRIEVAL OBLIGATION
If the vehicle is not stored with a supplier, but with auction4you, or at auction4you’s costs, the Buyer is obligated to retrieve the vehicle immediately after it is made available at its own costs and risks.
If the buyer does not retrieve the auctioned merchandise within a period of 2 business days, he will be in default of acceptance without further warning.
auction4you is entitled to charge an additional storage fee in accordance with the applicable price list, in case of late retrieve.
If an auction ends without a contract of purchase being completed, and if the vehicle is accommodated at auction4you, the seller is obligated to retrieve the vehicle at the latest within 2 business day, at its own costs and risks.
This does not apply if the vehicle is immediately put up for auction again.
In the case of late retrieve, auction4you is entitled to charge an additional storage fee in accordance with the applicable price list.
11.3. NOTICE OF STORAGE RISKS
Vehicle stored by auction4you are parked in open air parking. The client of the storage is therefore aware that there is no adequate protection against natural disasters or against accidental loss, theft and property damage. Liability for gross negligence or intent remains unaffected.

12.1. Purchased vehicles / accessories are to be retrieve by the buyer, and not auctioned vehicles / accessories are to be retrieved by the supplier at his own expense and risk, unless otherwise agreed or determined.
12.2. Deliveries of vehicles / accessories by auction4you or a contracted company to the buyer are only carried out at the buyer’s expense and risk and based on a separate agreement.

13.1. ANNOUNCEMENT OF THE PRICE LIST
The fees and charges to be paid by the participants result from the current price list, which is published on the auction4you homepage, in the auction catalogue and in the auction houses.
13.2. PRICE LIST CHANGES
auction4you may change the price list without prior notice. The participants and parties to the purchase contract shall find out about the current price list before using auction4you.
13.3. DUE DATE
Unless otherwise stated in the price list or a separate agreement, the indemnities and commissions are due for payment immediately upon conclusion of the contract.
13.4. DELAY IN PAYMENT
Upon receipt of the invoice, the buyer is in default of payment without the need for a reminder from auction4you. Due to late payment, auction4you reserves the right to withdraw from the sales contract on behalf of the seller, unless payment is made within 7 days of receipt of the invoice by the buyer. auction4you reserves the right to resell incomplete or unpaid vehicles. Any shortfall in sales will be borne by the defaulting buyer.
13.5. PAYMENT / SETTLEMENT
Payment by auction4you to the seller shall only be made after full, irrevocable payment of the purchase price including all fees and charges by the buyer or a financier to auction4you.
Payment by Auction4you to the seller is made exclusively cashless, based on the invoice from the seller, by bank transfer. auction4you is entitled to offset amounts received in its own name against its own claims against the participants or parties to the contract of sale. Payment is therefore made by auction4you after deduction of all claims arising from the auction in question.
Additional costs incurred by unsuccessful payment attempts for which the participant is responsible (e.g. chargebacks) are to be borne by the participant.
13.6. COMPENSATION OF PARTICIPANTS OR CONTRACTING PARTIES BY AUCTION4YOU
The offsetting of auction4you by participants or contracting parties with their own claims shall only be permitted if the counterclaim is legally established or is not disputed between auction4you and the participant or the purchasing party.

14.1. LIABILITY OF ACTION4YOU
14.1.1. Insofar as defects in the vehicle itself or other damages arising from Auction4you´s services, and particularly due to the use of the online platform and the auction houses, the Seller´s liability shall be limited to the following:
14.1.2. auction4you shall not be liable to the completeness and accuracy of the information of the participants during registration and the placed vehicle for auction. The responsibility lies with the respective participant.
14.1.3. auction4you is not liable for the creditworthiness and ability of the participants to pay, where  auction4you does not check this.
14.1.4. Unless otherwise provided in the following, auction4you shall not be responsible of for damage based on the use of Auction4you´s auction platforms, in particular, based on technical errors and late, erroneous or left-out consideration of settings and bids
14.1.5. Particularly, auction4you reserves the right to temporarily decommissioning, namely for maintenance work and updates
14.1.6. auction4you shall only be liable for intent and gross negligence towards participants and third parties.
14.1.7. On breach of any substantial contractual obligation, the Seller shall be liable for any culpable conduct of its own as well as that of its legal representatives or assistants.
14.1.8. The limitation of liability shall not apply to life, health, or body injuries, or in the case of mandatory legal regulations.
14.1.9. The Seller’s liability shall be limited to the foreseeable damage, except of damage caused intentionally or through gross negligence.
14.1.10. Any further liability is excluded.
14.2. RISK TRANSFER AND RISK ASSUMPTION
14.2.1. auction4you shall not bear the risk of accidental deterioration or accidental loss, particularly due to the reasons mentioned in sub-section 11.3, especially natural damage and accidental loss, theft, or property damage for which auction4you is not responsible.
14.2.2. The supplier or seller generally bears this risk until the time of the knockdown unless a different risk transfer arises from these terms and conditions.
14.2.3. The bidder or buyer generally bears this risk from the time of the knockdown unless these terms and conditions result in a different risk transfer.

15.1. As a part of the business relationship and in compliance with the legal regulations, namely of data protection, Auction4you shall be entitled to gather, store, and use for its own purposes.
15.2. The participants agree, in particular, that data will be transferred to other participants or third parties if this is necessary to use the services, to initiate and process contracts or to safeguard the legitimate interests of third parties. However, subject to mandatory legal requirements, auction4you is not obliged towards the buyer to communicate the name and address of the supplier, unless the buyer can prove in individual cases that he needs this information in the course of executing the contract, in particular to assert rights against the supplier(= Seller), regardless of auction4you´s processing already established.
15.3. auction4you is further entitled to transfer this data to other companies in auction4you group, considering the data protection regulations.
15.4. Upon termination of the registration to the auction4you sales platforms and all the legal relationships in connection with the auction platforms have been fully processed, the participant is entitled to the deletion of their stored data in accordance with the statutory provisions.

16.1. The language of auction and contract shall be German. Texts (e.g. contracts, terms and conditions, correspondence) in other languages are only used for information; In case of doubt, the German version applies.
16.2. The law of the Federal Republic of Germany shall apply to the legal relationships between the auctioneer and the customer.
16.3. The place of jurisdiction is the respective headquarter of auction4you, which is currently D-94032 Passau. This also applies if the buyer or seller has no domestic jurisdiction.
16.4. If any of the above clauses is invalid, this does not affect the effectiveness of the remaining regulations. The ineffective regulation shall be replaced by the respective legal regulations which come as close as possible to the meaning and the economic purpose of the ineffective clause.

 

GENERAL CONDITIONS OF DIRECT SALE (DIRECT SALE GTC)

of auction4you gmbh, Bahnhofstraße 40, 94032 Passau
hereinafter: auction4you (As of May 1st, 2020)

1.1. auction4you mediates between buyers and sellers for the purchase and sale of new and used Automotive Parts and accessories (hereinafter: « vehicle») by direct selling according to the following general terms and conditions. Direct sales can also include vehicles from a current fleet, i.e. those vehicles that are still in use during or after direct sales due to rental, leasing, or pending trade-ins.(hereinafter: pre-sale vehicles). auction4you undertakes to ensure contacting potential buyers, conducting sales negotiations and concluding sales contracts for them. auction4you acts exclusively as an intermediary between prospective buyers and sellers. auction4you is generally not the owner, buyer, or seller of the vehicles. However, auction4you provides the buyer with the invoice, handles the processing, and collects the purchase price claimed in its own name. As set forth in the mandatory legal requirements and section 15.2, the name and the address of the seller will not be disclosed during the transaction.
1.2. Participants will only use auction4you’s services in the manner intended.
1.2.1. auction4you is entitled at any time to restrict, expand or discontinue its services without prior notice.

These GENERAL DIRECT SALES CONDITIONS (hereinafter called the direct sale GTC) stipulate the mutual rights and obligations of both contract parties:
2.1. auction4you as an agent
2.2. Participants as registered users of the sales platform, these are:
– Supplier as a prospect and provider of a vehicle sale
– Bidder as a prospective buyer and provider of a vehicle purchase
2.3. Contracting parties, namely the seller and the buyer:
– Seller whose vehicle was sold directly to a bidder according to these terms and conditions
– Buyer whose bid leads to the purchase of a vendor’s vehicle according to these General Terms and Conditions.

These Direct sale GTC regulate the following contractual relationships and become part of the contractual relationships as follows:
3.1. DETERMINED CONTRACTUAL RELATIONS
These direct sale GTC apply to all the above-mentioned direct sales organized by auction4you namely:
– To the relationship between auction4you and the participants / contracting parties as well.
– to the relationship between the participants / contracting parties.
3.2. INCLUSION OF THE DIRECT SALE GTC
These Direct sale GTC are accepted both with the registration as a participant by the supplier or the bidder, as well as by the placement of a vehicle by the supplier or by submission of an offer by the bidder.
3.3. AMENDMENTS TO THE DIRECT SALE GTC
3.3.1. auction4you can at any time amend these terms and conditions with future effect. If it changes the direct sale GTC, auction4you shall announce the amendment in due time and in a suitable manner.
3.3.2. By participating in direct sales, the participants agree to the validity of the amended GTC. The amendment only affects direct sales that did not begin when the change was announced.
3.3.3. Offers to amend the direct sale GTC by the participants require the explicit written confirmation by auction4you to be valid pursuant to section 126 of the German Civil Code.
3.3.4. If the participant objects to the amendment in the direct sale GTC, he is excluded from participating in direct sales.
3.4. EXCLUSIVE APPLICATION OF THESE DIRECT SALE GTC
The use of the sales platform, the mediation between auction4you and participants, as well as all purchasing and sales agreements are exclusively concluded and carried out in accordance with these direct sale GTC. In this respect, auction4you contradicts the validity of any conflicting general terms and conditions. auction4you hereby declares that auction4you does not want to conclude or mediate contracts under any circumstances if these direct sale GTC do not apply. If at any time auction4you’s or third parties’ behavior regarding the inclusion of these direct sale GTC for participants or parties to the purchase contract should be interpreted in such a way that auction4you wants to conclude or mediate contracts even without the inclusion of GTC, auction4you already declares in this case that this is not the case and if in doubt auction4you does not want to conclude such a contract without including the direct sale GTC. These doubts, therefore, already exist if auction4you does not confirm in writing that the contract should be concluded or brokered in this special case even without the direct sale GTC being valid. auction4you hereby declares that there are no employees or other representatives on auction4you’s side who are authorized to make exceptions to the inclusion of the direct sale GTC. It is therefore explained in the sense of an interpretative rule that auction4you in case of doubt waives the conclusion or mediation of a contract if the General Terms and Conditions do not apply.

Before using the services of Auction4you, interested parties must register as participants. There is no entitlement to registration. Registration is free. The registration will only become effective when Auction4you accepts it and expressly declares admission to participation, usually. by email or in writing.
4.1. EXCLUSIVITY FOR ENTREPRENEURS
Only entrepreneurs as defined by Section 14 of the German civil code are allowed to register, i.e. people who are engaged in a commercial or an independent activity.
4.2. CONSUMERS EXCLUSION
Persons who are not entrepreneurs as defined by Section 14 of the German civil code, ie people who are neither engaged in a commercial nor independent activity, are excluded from registration.
4.3. REGISTRATION PROCESS
Registration takes place either online on the auction4you website or in writing to auction4you gmbh.
4.4. CHECKING THE REGISTRATION REQUIREMENTS
auction4you is not obliged to check the registration requirements but reserves the right to request suitable evidence from interested parties; in particular to request suitable proof of a commercial or independent activity.
4.5. ACCURATE AND COMPLETE INFORMATION
Interested parties are obliged to provide accurate and complete information for registration to auction4you. This applies in particular to people engaged in a commercial or independent activity, and to the existing representation relationships among the participants. Registered participants are responsible for keeping the requested information during registration up to date; this applies in particular to changed agency relationships.
4.6. WITHDRAWAL OF REGISTRATION

The registration can be withdrawn from the participants by auction4you at any time without stating reasons, whereby current and completed direct sales are not affected by this. If the participant violates these Terms and Conditions or other rights of either auction4you or a third party in connection with the use of the sales platform are violated, auction4you can also exclude the participant from ongoing direct sales. auction4you will indeed use this option, particularly if a participant – according to Section 4- provides incorrect information or does not correct incorrect information immediately – contradicts the validity of the General Terms and Conditions or does not accept them – or  violates these General Terms and Conditions , – does not fulfill its contractual obligations and duties, towards auction4you or other participants.

4.7. PARTICIPANTS UNSUBSCRIPTION
Participants can cancel the registration at any time by the means of a written notice to auction4you GmbH within no later than 14 calendar days of making a cancellation request on the platform. The cancellation has no effect on ongoing direct sales, even if no bids have been submitted so far. In particular, the termination does not entitle the user to prematurely end a direct sale, to withdraw an offer as a seller or a bid as a buyer.

The delivery takes place under the following conditions:
5.1. POWER OF DISPOSAL OVER VEHICLES
Participants may only hire vehicles that are free from third-party rights and over which the participant may legally and actually freely dispose of. This applies in particular to copyrights, industrial property rights and other third-party rights.
5.2. RESTRAINT ON PUBLICITY / PUNISHABILITY/ PUBLIC DECENCY
By placing the vehicle for auction, the participants may not include any advertising for merchandise other than the good offered, implement criminal offenses, or violate common decency.
They may not infringe copyrights, industrial property rights or other rights of others.
5.3. MINIMUM DISCLOSURE REQUIREMENTS
Suppliers must, at the time of placing merchandise on the market, describe the merchandise offered accuratly and completely with regard to all the essential characteristics and, in particular, provide the following minimum information:
– Vehicle identification number
– Manufacturer and model
– Description of the condition at the time of hiring
– Accident damage and other damage or defects
– Equipment and accessories
– Reserve price
– Payment and delivery arrangements
– Year of construction and model year
– Date of first registration
– Mileage
– Origin of vehicle
– Number of previous owners, if known
– Information on driving ability / ability to roll
– Fuel tank level

For presale vehicles, the following information must also be provided:
– Type of current use, e.g. leasing or rental.
– Date of availability of the vehicle.
– Date of which all the above-mentioned relates, in particular the condition, damage and service life.
– However, this list does not exempt the supplier from the obligation to independently check whether all the value-enhancing and value reducing characteristics of the vehicle are accurately and completely listed.  Suppliers must classify the offered merchandise according to the standardized auction4you traffic light system for complaints and liability regulation. auction4you does not check the description and information for accuracy, completeness, or plausibility. In this respect, auction4you is only responsible for the correct adoption of the description of the supplier, but not for its content.
5.4. STANDBY DUTY OF THE SUPPLIER
5.4.1. The supplier shall have all the vehicle keys, the vehicle documents, and in particular the following: registration certificate and identification document, de-registration Certificate, EU Certificate of Conformity, Certificates of general inspection & exhaust emissions inspection, Service Booklet, Operating Instructions (the maintenance book), Guarantee Documents (if there is a guarantee) so that they can be handed over to the buyer immediately after the bid is waved.
5.4.2. In the case of non-availability of documents, the supplier guarantees to hand them over to auction4you at the latest within 21 calendar days of sale. if the buyer or auction4you requests delivery of the missing documents from the 22nd Calendar day, the supplier shall then deliver the missing documents to auction4you within 24-hour. If the documents are not handed over on time, the buyer or auction4you can withdraw from the purchase.
5.5. THE SUPPLIER´S GUARANTY COMMITMENT
The supplier guarantees independently to auction4you in accordance with Sections 434 and 435 of the German civil code (GCC) the accuracy and the completeness of all information given under section 5 at the time of posting and launching the direct sale in such a way that any error of the supplier or attributable to him are irrelevant.
5.6. VERIFICATION OF DATA AND PLACEMENT OF THE ORDER BY THE SUPPLIER
The supplier agrees to verify the accuracy of the information on his vehicles which is accepted by auction4you in the direct sale on the sales platforms and to report any errors immediately. He is obliged particularly to report deviations from the minimum information he has given in sub-section 5.3.
If the supplier does not communicate the modification requests before the start of the direct sale, the information is deemed to have been accepted and the assignment for implementing the direct sale is deemed to be issued.
5.7. EXEMPTION
The supplier is obliged to exempt auction4you from all claims and costs that are asserted against auction4you due to a breach of one of the obligations mentioned above in sub-sections 5.1 – 5.5 by the Supplier.
5.8. ASSIGNMENT OF THE SUPPLIER´S RIGHTS AND CLAIMS
5.8.1. The supplier assigns auction4you in advance all rights arising from a contract of sale concluded between the supplier and a bidder to withdrawal and assertion on his own account and in his own name from auction4you.
5.8.2. Subsequently, auction4you grants the supplier a right for payment of the amount actually collected by auction4you from the bidder/buyer or from a merchant financier minus all fees, charges, prices, costs or other claims that auction4you has either against the supplier/seller or against the bidder/buyer or a dealer financier.
5.9. AUTHORIZATION
The supplier authorizes auction4you to hand over and transfer the sold vehicle along with accessories, papers and keys to the buyer or a Merchant financier, without auction4you being obliged to do so.

Fees and Charges accrue for the use of the direct sale platforms accordantly with auction4you’s current price list..
6.1. OVERVIEW OF THE PRICE LIST
The price list can be viewed on the auction4you website, in the direct sale.
6.2. FEES FOR WITHDRAWED AUCTIONS
If a not carried out or an ongoing direct sale is withdrawn because of the consigner´s default, particularly due to a breach of Direct sale GTC or other obligations towards auction4you or other participants or contracting parties, the supplier shall nevertheless pay the fee or charges specified in the price list.
The right to damage claim shall remain unprejudiced.
6.3. FEES FOR WITHDRAWED PURCHASES
If a concluded purchase contract is not carried out because of the Bidder´s default (e.g. due to nullity, contestation, non-compliance or recession), in particular due to a violation of these direct sale GTC or other obligations towards auction4you or other participants or contractual parties, the latter has Participants nevertheless pay the fee or charges mentioned in the price list as if the purchase had been successfully completed.
The right to damage claim shall remain unprejudiced.

7.1. The currency of direct sale and payment is the Euro.
7.2. auction4you is entitled to give the prospective buyer a flat-rate price that already includes all taxes, fees, charges, and commissions.
7.3. Participants, prospective buyers, or buyers, who particularly managed to collect fees from auction4you, have no right to a breakdown of the flat-rate price.
7.4. shall not withhold this information from the participant if the latter proves a clearly demonstrated legal interest towards auction4you to get the flat-rate pricing model, e.g. In case of complaints and purchase reversals.

8.1. TAX SYSTEM
Unless otherwise stated, all prices are net prices, plus the currently applicable VAT. For sales both domestic and abroad, there may be deviations regarding VAT and other mandatory tax regulations.
8.1.1. Buyers from other EU countries must present their valid VAT ID number when registering. After purchasing, they must confirm that the vehicle is exported from the Federal Republic of Germany. If these requirements are met, a deposit equal to the VAT amount will be charged. This deposit will be refunded upon presentation of the transport note (CMR) stamped in the country of destination. If a transport company authorized by and through auction4you is used for the transport, VAT can be deducted from the gross price and a net invoice can be issued.
8.1.2. Buyers from non-EU countries are generally obliged to pay the purchase price and all fees including VAT. After providing proof that the vehicle was exported from the EU and went through the customs process, auction4you will refund the VAT. Evidence must be provided by presenting the export declaration of the EU Border Customs Office with a note on the export.
8.2. DIFFERENTIAL TAXATION
In the case of differential taxed vehicles, all prices are end prices, unless otherwise agreed in these terms and conditions or in individual cases. There are additional charges and fees according to the price list.
8.2.1. auction4you, seller and buyer assume that according to paragraph § 25 of the tax law no value added tax is to be reported and therefore is not withheld by auction4you.
8.2.2. auction4you, sellers and buyers agree that the purchase price to be paid will be increased by the value added tax payable at the time of the VAT claim, contrary to the assumption mentioned in sub-section 8.2.1, value added tax shall be paid.

The following regulations determine the course of the direct sale, reciprocal rights and obligations as well as the conclusion of a sales contract for the participants and contracting parties. These rules are intended to make the direct sale process effective, to quickly establish certainty about the effectiveness of the purchase and to create legal certainty about complaints as quickly as possible. It is against this background that the rules should be interpreted.
9.1. THE APPLICATION OF THE “TRAFFIC LIGHT SYSTEM COMPLAINT AND LIABILITY REGULATION ” SPECIAL FEATURES
9.1.1. For the practical operation of the auctions and the procedure for complaints, reference is made to the appendix “Principles for complaints and liability regulations” and attached to these direct sale GTC. This applies namely to the trading system regulated and to the responsibilities between auction4you and Participant.
9.1.2. Insofar as the appendix “Principles for Complaints and Liability Regulations” should contradict this auctions GTC in individual cases, the wording of direct sale GTC shall be deemed to be of primary importance and legally authoritative vis-a-vis the Appendix.
9.2. DUTY TO INFORM PARTICIPANTS BEFORE THE DIRECT SALE
Before each direct sale participation, participants must find out about the current direct sale GTC and lists for fees and charges, insofar as it is had been already agreed on, and about the ´´traffic light system, complaint and liability regulation´´.
9.3. REQUIRED INFORMATION ABOUT VEHICLE BY AUCTION4YOU FROM THE BIDDER – CONTENT
9.3.1. auction4you shall disclose to the bidder the vehicle details provided by the supplier in accordance with sub-section 5.3 in an appropriate manner. the representation on the sales platform also contains the assessment made by the supplier according to the traffic light system accordingly to the “traffic light system, complaint and liability regulation” guidelines of auction4you, insofar as their validity has been separately agreed on.
9.3.2. Disclosed information to participants are not guaranteed properties or property agreements. This applies especially to all information about origin, condition, age, and authenticity, which in principle shall not be regarded as an assurance or guarantee. Used vehicles can show signs of wear corresponding their age or mileage.
9.4. START AND CLOSURE OF DIRECT SALE/ AMENDMENNT BY AUCTION4YOU/ BID DISMISSAL PROCEDURE OF THE AUCTION
9.4.1. The direct sale starts basically when the supplier places the vehicle for direct sale. Unless otherwise agreed, the direct sale closes even without brokering or conclusion of a sale contract when the time specified by the supplier upon registration is running out.
9.4.2. auction4you can unilaterally change the start and closure of direct sales without justifying. auction4you will announce these changes to the participants in a suitable manner.
9.4.3. auction4you can also cancel a direct sale that has started or reject bids, especially if the participants violate these direct sale GTC.
9.4.4. auction4you may, under these term and conditions, make ineffective bids, e.g. Take bids under reserve, without being obliged to do so, provided that the supplier agrees.
9.5. IMPLEMENTATION OF DIRECT SALES BY AUCTION4YOU: CONTACT, NEGOTIATION AND CONCLUSION OF CONTRACT
9.5.1. auction4you contacts potential buyers after hiring a vehicle and offers them to buy it.
9.5.2. auction4you is not bound by the supplier regardless of the kind of negotiation. In particular, auction4you is free to decide which prospective buyers are to be contacted and at what price the vehicles are offered, provided that the reserve selling price specified by the supplier is not undercut, taking into account additional taxes, fees, charges or commissions.
9.5.3. auction4you strives to achieve the best possible sales price for the seller. auction4you reserves the right to reject purchase offers at any time without giving reasons. auction4you will make use of this right in justified cases, for example if the bidder violates these terms and conditions, if there are doubts that the financing is not secured or that the conclusion of the sale contract does not correspond to the interests of the seller for other reasons.
9.5.4. Starting discussions or submission of sale offer are not entitled to participants.
9.6. THE SUPPLIER´S OFFER- LIABILITY, DISPOSAL OF DILEVERY
9.6.1. By hiring a vehicle for direct sale, the supplier submits a binding offer to the bidder whose purchase bid is by auction4you accepted at the end of direct sale, provided that it is not below the specified reserve price.
9.6.2. Upon the hiring of the vehicle, the seller declares to be willing and, in a position, to hold the car in readiness upon termination of the direct sale. In case of a corresponding request by auction4you within a time limit of 24 hours at the occasion named in the placement, including all vehicle keys and documents, especially licence certificate, registration notice and/or if necessary, the EU certificate of conformity  to be handed over to the buyer, unless expressly otherwise stipulated.
9.7. CONTENT OF THE SALES OFFER- STATE OF VEHICLE, DEFECTS AND MINOR DAMAGES
9.7.1. The vehicle is generally offered by the supplier in the condition it was in at the time of the knockdown and in consideration of the auction4you guidelines “traffic light system, complaint and liability regulations”.
9.7.2. Unless a characteristic feature is expressly warranted in a manner that the supplier with respect to the bidder, irrespective of indebtedness by way of an independent guarantee undertaking, will be responsible for characteristic features according to sections 434 and 435 of the German civil code missing hardware and accessories, as well as minor damages not covered  by the description and other prevailing opinion, which objectively  reduce the item value according to general consensus, do not substantiate defects within the legal sense and will not result of claims or other rights on the part of the bidder and buyer.
However, this only applies if the deviations in value of a defect do not exceed a value of EUR 300 net or 5% of the purchase price. The local retailer’s cost price when receiving of the notice of defect is decisive.
9.7.3. If the deviation of the general traffic conception represents an increase in value compared to the description in the setting, this does not constitute a defect, unless it is a deviation that would affect a delivery negatively.
9.7.4. If there is disagreement between the parties to the contract of sale as to the type and amount of the deviation which reduce the item´s value, Auction4you shall, in the name and on behalf of the buyer, commission a court-sworn expert for vehicles with the assessment for Automotive parts and accessories of whether, following the reasoning mentioned above, whether an impairment loss represents more than EUR 300 net or 5% of the purchase price. The appraisal is binding the contracting parties unless the expert gives a wrong appraisal through gross negligence or wilful misconduct.
9.7.5. In the case of pre-sale vehicles, normal depreciation and mileage increases are to be expected until delivery is made. Such deviations from the state reported in the setting (in particular: Increases in mileage, usage-related impairments or minor damages), which occur between the setting up and delivery and which lead to an impairment of no more than 5% of the purchase price, shall be accepted by the purchaser and shall not entitle the purchaser to a reduction in the purchase price, unless  otherwise expressly stipulated.
9.8. BUYER’S PURCHASE BID – LIABILITY, RESERVE AMOUNT, STATE OF VEHICLE, DISPOSAL OF DELIVERY
9.8.1. By submitting a bid, the bidder submits a binding purchase offer. Bids that have already been placed cannot be reduced or withdrawn. This shall not affect the statutory reasons for appeal.
9.8.2. In principle, bids may not be lower than the reserve bid price stated on the sales platform.
9.8.3. When submitting a bid of a certain amount, the bidder takes into account that the vehicle is only described for information purposes in the set description and that the vehicle is offered in the as-is condition at the end of the direct sale, i. e. that the vehicle is allowed to deviate from the description in the vehicle´s setting in the objective value in accordance with clause 9.7.
9.8.4. The bidder also considers the auction4you guidelines ´´Traffic light system, complaint, and liability regulations´´ insofar as their validity has been agreed separately.
9.8.5. By submitting a bid, the bidder declares that he is ready and able to take over the vehicle immediately after irrevocable receipt of the purchase price payment by auction4you, at the latest within a period of 24 hours at the location of the vehicle specified in the setting.
9.8.6. The bidder further declares that he is ready and able to immediately inspect the vehicle for defects after the end of the direct sale. Immediately means, in the case of collection by the buyer, within 24 hours of being made available by auction4you, but no later than upon delivery; in the case of delivery by seller or third party then immediately upon delivery.
9.9. BIDS EXPIRATION

A bid expires when a higher bid is placed or when the direct sale is ended. If the highest bid is below the reserve price, the bidder is still bound to this bid for 48 hours (calculated by the end of the direct sale).
9.10. BIDDER´S WAVE REGARDING THE SUPPLIER´S STATEMENT OF ACCEPTANCE
The bidder waives a separate declaration of acceptance from the supplier.
9.11. CONCLUSION OF THE PURCHASE AGREEMENT BETWEEN SUPPLIER AND BIDDER AND TRANSFER OF THE PURCHASE PRICE CLAIM
9.11.1. A purchase contract between the supplier and the bidder is concluded in virtue of acceptance of the purchase bids fixed by auction4you.
9.11.2. With the conclusion of the purchase bids, the supplier´s purchase price claim against the buyer is assigned to auction4you. auction4you is authorized by the supplier to assert contractual and legal claims against the buyer.
9.11.3. If the highest bid is under the reserve price set by the supplier, the purchase contract is only concluded if the supplier agrees within 48 hours from the end of the direct sale.
9.12. MULTIPLE PURCHASES
If there are several bids from different bidders at the end of the direct sale, auction4you decides whether and with which bidder the purchase contract will be concluded. auction4you shall consider the interests of the seller but is not obliged to accept the highest purchase bid in every case.
9.13. PROHIBITED ACTS OF THE PARTICIPANT DURING THE DIRECT SALE
9.13.1. During an ongoing direct sale, the supplier is prohibited from offering comparable vehicles to the participants by any means other than through another direct sale.
9.13.2. The supplier is prohibited from offering reserved vehicles to third parties for purchase or to dispose of the vehicle in any other ways until the direct sale´s conclusion.
9.13.3. The supplier is prohibited from placing bids on his own offers himself or through third parties.

10.1. MATURITY OF THE PURCHASE PRICE
The purchase price is due upon the conclusion of the purchase contract, unless otherwise expressly stipulated.
10.2. PAYMENT METHODS
The following payment methods are permitted:
– Transfer or express transfer
– Cash deposit at our house bank. Cash payment is not allowed.
10.3. ONLINE BILLING
10.3.1. The buyer declares his consent to the transmission of electronic invoices.
10.3.2. The electronic invoice is sent to the provided email address and referred on the auction4you website in the customer area.
10.3.3. The buyer is advised that the electronically transmitted invoice may be printed out in paper format; however, the paper format is not considered as receipt in term of the tax law.
10.3.4. The invoice sent in electronic form must be kept for ten years like a paper invoice.
10.4. PAYMENT DELAY
Upon receipt of the invoice, the buyer is in default of payment without the need for a reminder from auction4you.
10.5. DELIVERY AND RETENTION
10.5.1. Unless otherwise agreed, the procedure of delivery shall take place between auction4you and the buyer. auction4you will provide the buyer with the vehicle for delivery after full and irrevocable payment of the purchase price, including all fees and charges. auction4you shall deliver the vehicle as described, including vehicle keys and papers, unless otherwise specified in these terms and conditions.
10.5.2. If the buyer does not retrieve the auctioned merchandise within a period of 2 business days, calculated based on the Auction4you´s request and after complete and irrevocable receipt of payment of the purchase price and all fees and charges. Following this period, the buyer shall be in default of acceptance without further warning.
10.5.3. The buyer undertakes the acquisition of the vehicle in any case, even if he asserts or intends to assert counter-rights. auction4you reserves the right of retention on the vehicle documents until full payment of the purchase price, including fees and charges.
10.5.4. auction4you reserves the right of retention on the vehicle documents until full payment of the purchase price, including fees and charges.
10.5.5. Unless otherwise agreed, any costs for provision, delivery, export fees or bank charges shall be borne by the purchaser.
10.6. EXTENDED RETENTION OF TITLE
10.6.1. The Seller shall retain title to all items until full payment of the purchase price of all vehicles including all fees and additional costs. Partial payments are not possible. The seller shall also retain title to all items delivered by it until all its claims arising out of the business relationship with the buyer including claims arising in future out of contracts concluded at a later date and including any recourse or indemnity claims arising out of bills and cheques have been settled in full. This shall also apply to any balance to the Seller’s credit if individual or all claims have been posted by the Seller to a current account and the balance is struck.
If in connection with payment of the purchase price by the purchaser, an obligation to accept the bill of exchange or check is established for the seller, the reservation of title along with the claims that derive from the delivery of merchandise and form its basis only expire when the payment is cleared by the purchaser as payer.
10.6.2. Any processing of the reserved merchandise shall be done for the Seller as manufacturer, without, however, obligating the Seller. the Seller shall acquire title to the new object. If merchandise of the Seller are processed with other items not delivered by it, the Seller shall acquire joint title to the new object in the same proportion as the invoice value of its merchandise bears to the invoice values of the other processed items. Should the reserved merchandise be mixed or proceeded with merchandise not belonging to the seller in accordance with §§ 947, 948 German Civil Code, the seller shall acquire joint-title analogous to the legal regulation. If the Seller’s merchandise is combined, mixed, or jointed therewith to form an integral part, the Purchaser herewith already assigns to the Seller the joint ownership thereof in the same proportion. The Purchaser shall hold the object owned or jointly owned by the Seller in safekeeping for the Seller free of charge.
10.6.3. If the merchandise subject to retention of title are resold separately or together with merchandise not owned by the seller, the buyer transfers the demands from a resale to the amount of the merchandise subject to retention of title with all additional rights and rank of the rest. The seller accepts the assignment. The value of the merchandise under reservation of title shall be the amount invoiced by the seller, but this shall not be taken into account if the rights of third parties stand in the way. If the seller is co-owner of the resold merchandise subject to retention of title, the transfer of the demand will amount to the quota of the seller´s joint title.
10.6.4. The buyer is only entitled and authorized to resell, use or install the good under reservation of title in ordinary business dealings and only on condition that the claims as described in clauses 10.5.2 and 10.5.3 actually pass to the seller.
10.6.5. The Seller authorizes the Buyer, subject to the recall, to withdraw the assigned claims. the seller will not exercise his right to collect the claims himself as long as the buyer complies with its payment obligations, including his payment obligation toward third parties. At the customer’s request the seller shall name the debtors of the claims assigned and notify them of such assignment; the seller shall be entitled to inform the debtor of the assignment.
10.6.6. Should any execution or distress by a third party be levied upon the reserved merchandise or the assigned claims, the Purchaser shall without delay notify the seller thereof and delivered to him many documentation required  in order to object against such execution and or distress.
10.6.7. Upon discontinuation of payment and/or application and commencement of insolvency proceedings, the right for resale, utilisation or installation of good subject to retention of title  or the authorisation of withdrawal of the assigned claims shall expire; in the case of cheque or bill  protesting the collection authorisation  it expires as well. This does not apply to the rights of insolvency administrators.
10.6.8. If the value of the security provided exceeds the total value of claims (or is reduced by an amount corresponding to payments and part-payments made) by more than 20%, the seller undertakes, as its own discretion, to transfer back or release security accordingly.
10.6.9. With repayment of all demands of the seller from the business relation the property at the reservation commodity and the retired demands turns into on the buyer. In derogation of the above, the ownership of the merchandise, subject to retention of title in case of purchase financing, passes to the buyer’s dealer financing provider after full payment of the merchandise.
10.7. BUYER’S INVESTIGATION AND COMPLAINTS PROCEDURE
10.7.1. The buyer must immediately inspect the vehicle for defects upon the conclusion of the sale contract, and upon delivery at the latest.
10.7.2. Defects must be reported immediately to auction4you in writing, at the latest within 24 hours after delivery,  taking into account the auction4you Germany guidelines “traffic light system, complaint and liability regulations.” insofar as their validity has been agreed separately. Such defects or misstatements, which can only be recognized on the basis of the vehicle documents, must be notified to auction4you immediately after receipt of the vehicle documents. Subsequent complaints cannot be taken into account.
10.8. RIGHT OF WITHDRAWAL FOR PRE-SALES VEHICLES
If the delivery of a pre-sale vehicle is impossible for the supplier after the cessation, he shall be entitled to withdraw from the contract.

11.1. STORAGE COSTS
auction4you can provide warehousing of vehicle under the financial conditions set forth in the current price list.
11.2. RETRIEVAL OBLIGATION
If the car is not stored with a supplier, but with auction4you, or at auction4you’s costs, the Buyer is obligated to retrieve the vehicle immediately after it is made available at its own costs and risks. If the buyer does not retrieve the auctioned merchandise within a period of 2 business days, he will be in default of acceptance without further warning. auction4you is entitled to charge an additional storage fee in accordance with the applicable price list, in case of late retrieve.
If a direct sale ends without a contract of purchase materializing, and if the vehicle is accommodated at auction4you, the seller is obligated to retrieve the vehicle at the latest within 2 business days at its own costs and risks
This does not apply if the vehicle is immediately put up for direct sale (direct sale, auction or online auction) again.
In the case of late retrieve, auction4you is entitled to charge an additional storage fee in accordance with the applicable price list.
11.3. NOTICE OF STORAGE RISKS
Vehicle stored by auction4you are parked in the open air without a special agreement. The client of the storage is therefore aware that there is no adequate protection against natural disasters and against accidental loss, theft, and property damage. Liability for gross negligence or intent remains unaffected.

12.1.Purchased vehicles / accessories are to be retrieved by the buyer, not auctioned vehicles / accessories are to be retrieved by the supplier at his own expense and risk, unless otherwise agreed.
12.2.Deliveries of vehicles / accessories by auction4you or a contracted company to the buyer are only carried out at the buyer’s expense and risk and based on a separate agreement.

13.1. ANNOUNCEMENT OF THE PRICE LIST
The fees and charges to be paid by the participants result from the current price list, which is published on the auction4you website.
13.2. PRICE LIST CHANGES
auction4you may change the price list without prior notice. The participants and parties to the purchase contract shall find out about the current price list before using auction4you.
13.3. DUE DATE
Unless otherwise stated in the price list or a separate agreement, the indemnities and commissions are due for payment immediately upon conclusion of the contract.
13.4. PAYMENT DELAY
Upon receipt of the invoice, the buyer is in default of payment without the need for a reminder from auction4you. Due to late payment, auction4you reserves the right to withdraw from the sales contract on behalf of the seller, unless payment is made within 7 days of receipt of the invoice by the buyer. auction4you reserves the right to resell incomplete or unpaid vehicles. Any shortfall in sales will be borne by the defaulting buyer.
13.5. PAYMENT / SETTLEMENT
Payment by auction4you to the seller shall only be made after full, irrevocable payment of the purchase price including all fees and charges by the buyer or a merchant financier to auction4you.
Payment by auction4you to the seller is made exclusively cashless, based on the invoice from the seller, by bank transfer. auction4you is entitled to offset amounts received in its own name against its own claims against the participants or parties to the contract of sale. Payment is therefore made by auction4you after deduction of all claims arising from the direct sale in question.
Additional costs incurred by unsuccessful payment attempts for which the participant is responsible (e.g. chargebacks) are to be borne by the participant.
13.6. COMPENSATION OF PARTICIPANTS OR CONTRACTING PARTIES BY AUCTION4YOU
The offsetting of auction4you by participants or contracting parties with their own claims shall only be permitted if the counterclaim is legally established or is not disputed between auction4you and the participant or the purchasing party.

14.1. LIABILITY OF ACTION4YOU
14.1.1. Insofar as defects in the vehicle itself or other damages arising from auction4you´s services, and particularly due to the use of the sale platform, the Seller´s liability shall be limited to the following:
14.1.2. auction4you shall not be liable to the completeness and accuracy of the information of the participants during registration and the placed vehicle for auction. The responsibility lies with the respective participant.
14.1.3. auction4you is not liable for the creditworthiness and ability of the participants to pay, where auction4you does not check this.
14.1.4. Unless otherwise provided in the following, auction4you shall not be responsible of for damage based on the use of auction4you´s sale platforms, in particular based on technical errors and late, erroneous or left-out consideration of placements and offers.
14.1.5. Particularly, auction4you reserves the right to temporarily decommissioning, namely for maintenance work and updates
14.1.6. auction4you shall only be liable for intent and gross negligence towards participants and third parties.
14.1.7. On breach of any substantial contractual obligation the Seller shall be liable for any culpable conduct of its own as well as that of its legal representatives or assistants.
14.1.8. The limitation of liability shall not apply to life, health or body injuries, or in the case of mandatory legal regulations.
14.1.9. the Seller’s liability shall be limited to the foreseeable damage, except of damage caused intentionally or through gross negligence.
14.1.10. Any further liability is excluded.
14.2. RISK TRANSFER AND RISK ASSUMPTION
14.2.1. auction4you shall not bear the risk of accidental deterioration or accidental loss, particularly due to the reasons mentioned in sub-section 11.3, especially natural damage and accidental loss, theft, or property damage for which auction4you is not responsible.
14.2.2. The supplier or seller generally bears this risk until the time of the knockdown unless a different risk transfer arises from these terms and conditions.
14.2.3. The bidder or buyer generally bears this risk from the time of the knockdown unless these terms and conditions result in a different risk transfer.
14.2.4. In the case of presales vehicles, the seller bears the risk until the notified availability time point.

15.1. As a part of the business relationship and in compliance with the legal regulations, namely of data protection, auction4you shall be entitled to gather, store, and use for its own purposes.
15.2. The participants agree, in particular, that data will be transferred to other participants or third parties if this is necessary to use the services, to initiate and process contracts or to safeguard the legitimate interests of third parties. However, subject to mandatory legal requirements, auction4you is not obliged towards the buyer to communicate the name and address of the supplier, unless the buyer can prove in individual cases that he needs this information in the course of executing the contract, in particular to assert rights against the supplier(= Seller), regardless of auction4you´s processing already established.
15.3. auction4you is further entitled to transfer this data to other companies in auction4you group, considering the data protection regulations.
15.4. Upon termination of the registration to the auction4you sales platforms and all the legal relationships in connection with the sale platforms have been fully processed, the participant is entitled to the deletion of their stored data in accordance with the statutory provisions.

16.1. The language of direct sale and contract shall be German. Texts (e.g. contracts, terms and conditions, correspondence) in other languages are only used for information; in case of doubt, the German version applies.
16.2. The law of the Federal Republic of Germany shall apply to the legal relationships between the auction4you and the participant.
16.3. The place of jurisdiction is the respective headquarter of auction4you, which is currently D-94032 Passau. This also applies if the buyer or seller has no domestic jurisdiction.
16.4. If any of the above clauses should be invalid, this does not affect the effectiveness of the remaining regulations. The ineffective regulation shall be replaced by the respective legal regulations which come as close as possible to the meaning and the economic purpose of the ineffective clause.

 

ONLINE GENERAL TERMS AND CONDITIONS (Online GTC)

of auction4you gmbh, Bahnhofstraße 40, 94032 Passau
hereinafter: auction4you (As of May 1st, 2020)

1.1. auction4you provides buyers and sellers on its website sales platforms for buying and selling new and used Automotive Parts and accessories (hereinafter « vehicle») via online auction following these general terms and conditions. The auction can also include vehicles from a current fleet, i.e. those vehicles that are still in use during or after auction due to rental, leasing, pending trade-ins. (hereinafter: pre-sale vehicles). The auctions take place exclusively via EVA, CarLife, TISCA or other sales platforms provided by auction4you. auction4you always acts as a mediator between prospective buyers and buyers. auction4you is generally not the owner, buyer, or seller of the vehicle.
However, auction4you provides the buyer with the invoice, handles the sale process, and collects the purchase price claim in its own name. As set forth in the mandatory legal requirements and section 15.2, the name and the address of the seller will not be disclosed during the sale process.
1.2. Participants shall only use Auction4you’s services for the intended purposes.
1.3. auction4you is entitled at any time to restrict, expand, or discontinue its services without prior notice.

These Online GTC regulate the rights and obligations of the following parties:
2.1. auction4you as a mediator.
2.2. Participants as registered users of the sales platform, these are:
2.2.1. Supplier as a prospect and provider of a vehicle-sale,
2.2.2. Bidder as a prospective buyer and provider of a vehicle-purchase.
2.3. Contracting parties, namely the seller and the buyer:
2.3.1. Seller whose vehicle was sold to a bidder under these GTC,
2.3.2. Buyer whose bid leads to the purchase of a seller’s vehicle according to these online GTC.

These online GTC regulate the following contractual relationships and become part of the contractual relationships as follows:
3.1. DETERMINED CONTRACTUAL RELATIONS
These online GTC apply to all the above-mentioned auctions organized by auction4you namely:
-To the relationship between auction4you and the participants/contractual parties and
-To the relationship between the participants/contractual parties.
3.2. INCLUSION OF THE ONLINE GTC
These online GTC are accepted when registering as a participant and by submitting an offer by the seller or the bidder.
3.3. AMENDMENTS TO THE ONLINE GTC
3.3.1. auction4you can amend the online GTC at any time with future effect. If auction4you changes the online GTC, auction4you will announce the amendment in its website in due time and in a suitable manner.
3.3.2. By participating in the auction, the participants agree to the validity of the amended online GTC. The amendment only affects auctions that did not start when the change was announced.
3.3.3. Offers to amend the online GTC by the participants require the explicit written confirmation (as specified in section 126 of the German Civil Code) by auction4you to be effective.
3.3.4. If the participant objects to the amendments of the online GTC, he will be is excluded from participating in auctions.
3.4. EXCLUSIVE VALIDITY OF THESE ONLINE GTC
These online General Terms and Conditions apply exclusively to the use of the sales platform, the mediation between auction4you and participants, as well as all purchasing and sales agreements concluded and carried out in accordance with these General Terms and Conditions.
auction4you hereby declares that it will under no circumstances whatsoever conclude or negotiate contracts unless these online GTC are applied. Should at any time conduct on the part of auction4you or third parties with respect to the inclusion of this online GTC be interpreted for participants or purchase contracting parties that auction4you wants to conclude and negotiate the contracts without including the online GTC, auction4you declares already at this time that this will not be the case, and, in case of doubt, auction4you does not want to conclude such a contract without including the online GTC.
These doubts, therefore, already exist if auction4you does not confirm in writing that the contract should be concluded or brokered in this special case even without the online GTC being valid. auction4you hereby declares that there are no employees or other representatives on auction4you’s side who are authorized to make exceptions to the inclusion of the General Terms and Conditions.
It is therefore stated in the sense of an interpretation rule that auction4you waives the conclusion or mediation of a contract in case of doubt of the non-validity of the GTC.

Before using the sales platform and participating in an auction, interested parties must register as participants. There is no entitlement to registration. Registration is free of charge.
Registration becomes effective only if auction4you accepts the registration and expressly declares the admission to participate, usually by e-mail or in writing.
4.1. EXCLUSIVITY FOR ENTREPRENEURS
Only entrepreneurs as defined by Section 14 of the German civil code are allowed to register, i.e. people who are engaged in a commercial or an independent activity.
4.2. EXCLUSION OF CONSUMERS
Persons who are not entrepreneurs as defined by Section 14 of the German Civil Code, i. e. persons who are engaged neither in a commercial nor independent activity, are excluded from registration.
4.3. REGISTRATION PROCESS
Registration takes place either online via the auction4you homepage or in writing to auction4you GmbH in Germany.
4.4. CHECKING THE REGISTRATION REQUIREMENTS
auction4you is not obliged to check the registration requirements but reserves the right to request suitable proof from interested parties, particularly proof of commercial or independent activity.
4.5. ACCURATE AND COMPLETE INFORMATION
Interested parties must accurately and completely provide the information and details requested for registration to Auction4you. This applies namely to people who are exercising their commercial or independent professional activity and to the existing representation relationships with the participants. Registered Participants are responsible for keeping the requested information during registration up to date; this particularly applies to amended representation relations.
4.6. WITHDRAWAL OF REGISTRATION
Registration can be withdrawn from the participants by auction4you at any time without stating reasons, whereby current and closed auctions are not affected by this. If the participant violates these online GTC or other rights of either auction4you or a third party in connection with the use of the sales platform are violated, auction4you can also exclude the participant from ongoing auctions. auction4you will indeed use this option, particularly if a participant:
– According to Section 4 provides incorrect information or does not correct incorrect information immediately
– Contradicts the validity of the online GTC or does not accept them
– Violates these online GTC
– Does not fulfil its contractual obligations and duties, towards auction4you or other participants.
4.7. REGISTRATION CANCELLATION BY PARTICIPANT
Participants can cancel the registration at any time by the means of a written notice to auction4you GmbH within no later than 14 business days of making a cancellation request on the platform.
The cancellation has no effect on ongoing auction, even if no bids have been submitted so far. In particular, the termination does not entitle the user to prematurely end an auction, to withdraw an offer as a seller or a bid as a buyer.

The delivery takes place under the following conditions:
5.1. RIGHT OF DISPOSAL ON VEHICLE
Participants may only hire vehicles which are free from third-party rights and over which the participant may legally and actually freely dispose. This applies in particular to copyrights, industrial property rights and other third-party rights.
5.2. RESTRAINT ON PUBLICITY/PUNISHABILITY/PUBLIC DECENCY
By placing the vehicle for auction, the participants may not include any advertising for merchandise other than the good offered, implement criminal offenses, or violate common decency. They may not infringe copyrights, industrial property rights or other rights of others.
5.3. MINIMUM DISCLOSURE REQUIREMENTS
5.3.1. Suppliers must, at the time of placing the merchandise on the market, describe its essential characteristics accurately and completely providing the following minimum information:
– Vehicle identification number
– Manufacturer and model
– Description of the condition at the time of hiring
– Accident damage and other damage or defects
– Equipment and accessories
– Reserve price
– Payment and delivery arrangements
– Year of construction and model year
– Date of first registration
– Mileage
– Origin of vehicle
– Number of previous owners, if known
– Information on driving ability / ability to roll
– Fuel tank level

For presale vehicles, the following information must also be provided:
– Type of current use, e.g. leasing or rental.
– Date of availability of the vehicle
– Date of which all the above-mentioned relates, in particular the condition, damage and service life.

This list does not, however, exempt the supplier from the obligation to independently check whether all the value-enhancing and value reducing characteristics of the vehicle are accurately and completely listed.
5.3.2. The supplier must provide auction4you with a current status report including meaningful photos of the vehicle when it is posted. Photos and status reports are only accepted in file format. Status reports and photos in other forms, especially on paper, by fax, etc., will not be accepted.
In the case of presales vehicles, apart from pending trade-ins, a condition report is waved.
5.3.3. Supplier must, by auctions using the Carlife procedure, classify the offered merchandise according to the standardized auction4you traffic light system, see “traffic light system for complaint and liability regulation”.
5.3.4. auction4you does not check the description and information for accuracy, completeness, or plausibility. In this respect auction4you is only responsible for the correct adoption of the description of the supplier, but not for its content.
5.4. STANDBY DUTY OF THE SUPPLIER
5.4.1.The supplier shall have all the vehicle keys, the vehicle documents, and in particular the following: Registration certificate and the identification document, Deregistration Certificate, EU Certificate of Conformity ,Certificates of general inspection & exhaust emissions inspection, Service Booklet, Operating Instructions (the maintenance book), Guarantee Documents (if there is a guarantee) so that they can be handed over to the buyer immediately after  the bid is waved.
In the case of presales vehicles, these documents must be kept ready so that they can be handed over to the buyer immediately on the availability date communicated in the auction.
5.4.2. In the case of non-availability of documents, the supplier guarantees to hand them over to Auction4you at the latest within 21 business days of sale. If not received, the buyer or auction4you may requests the delivery of the missing documents from the 22nd Business day. The supplier shall then deliver the missing documents to auction4you within 24-hours; if the documents are not handed over in due time the buyer or auction4you can withdraw from the purchase.
5.4.3. The supplier ensures at his own expense that roadworthy vehicles have at least five liters of fuel content at the time of delivery.
5.5. THE SUPPLIER WARRANTY COMMITMENT
The supplier guarantees to auction4you in accordance with Sections 434 and 435 of the German civil code the accuracy and the completeness of all information given under section 5 at the time of posting and launching the auction, that is, in a manner that the seller shall be held liable or any fault can be ascribed to the seller.
5.6. VERIFICATION OF INFORMATION AND PLACEMENT OF THE ORDER BY THE SUPPLIER
The supplier agrees to verify the accuracy of the information on his vehicles which is accepted by auction4you in the auction catalogue and on the sales platforms and to report any errors immediately. He is obliged to report any deviations of the information he has given in sub section 5.3.
If the supplier does not report the modification requests before the start of the auction, the information is deemed to have been accepted and the assignment for implementing the auction is deemed to be issued.
5.7. EXEMPTION
The supplier is obliged to exempt auction4you from all claims and costs that are asserted against auction4you due to a breach of one of the obligations mentioned above in sub sections 5.1 – 5.5 by the supplier.
5.8. ASSIGNMENT OF THE SUPPLIER´S RIGHTS AND CLAIMS
5.8.1. The supplier assigns auction4you in advance all rights arising from a contract of sale concluded between the supplier and a bidder to withdrawal and assertion on his own account and in his own name from auction4you.
5.8.2. Subsequently, auction4you grants the supplier a right for payment of the amount actually collected by auction4you from the bidder/buyer or from a merchant financier minus all fees, charges, prices, costs or other claims that auction4you has either against the supplier/seller or against the bidder/buyer or a merchant financier.
5.9. AUTHORIZATION
The supplier authorises auction4you to hand over and transfer the sold vehicle along with accessories, papers and keys to the buyer or a Merchant financier, without auction4you being obliged to do so.

Fees and Charges accrue for the use of the auction and sales platforms accordantly with auction4you’s current price list.
6.1. OVERVIEW OF THE PRICE LIST
The price list can be viewed on the auction4you homepage.
6.2. FEES FOR WITHDRAWED AUCTIONS
If an auction is not carried out or an ongoing auction is withdrawn because of the consigner´s default, particularly due to a breach of these online GTC or other obligations towards auction4you or other participants or contracting parties, the supplier shall nevertheless pay the fee or charges specified in the price list.
6.3. FEES FOR WITHDRAWED PURCHASES
If a concluded purchase contract is not carried out because of the Bidder´s default (e.g. due to nullity, contestation, non-compliance or recession), in particular due to a violation of these online GTC or other obligations towards auction4you or other participants or contractual parties, the latter has Participants nevertheless pay the fee or charges mentioned in the price list as if the purchase had been successfully completed.

The currency of auction and payment is the Euro.

8.1. TAX SYSTEM
Unless otherwise stated, all prices are net prices, plus the currently applicable VAT. For sales both domestic and abroad, there may be deviations regarding VAT and other mandatory tax regulations.
8.1.1. Buyers from other EU countries must present their valid VAT ID number when registering. After purchasing, they must confirm that the vehicle is exported from the Federal Republic of Germany. If these requirements are met, a deposit equal to the VAT amount will be charged. This deposit will be refunded upon presentation of the transport note (CMR) stamped in the country of destination. If a transport company authorized by and through auction4you is used for the transport, VAT can be deducted from the gross price and a net invoice can be issued.
8.1.2. Buyers from non-EU countries are generally obliged to pay the purchase price and all fees including VAT. After providing proof that the vehicle was exported from the EU and went through the customs process, auction4you will refund the VAT. Evidence must be provided by presenting the export declaration of the EU Border Customs Office with a note on the export
8.2. DIFFERENTIAL TAXATION
In the case of differential taxed vehicles, all prices are end prices, unless otherwise agreed in these terms and conditions or in individual cases. There are additional charges and fees according to the price list.
8.2.1. auction4you, seller, and buyer assume that according to paragraph § 25 of the US no value added tax is to be reported and therefore is not withheld by auction4you
8.2.2. auction4you, sellers and buyers agree that the purchase price to be paid will be increased by the value added tax payable at the time of the VAT claim, contrary to the assumption mentioned in sub section 8.2.1. Value added tax shall be paid.

The following regulations determine the course of the auction, reciprocal rights and obligations as well as the conclusion of a sales contract for the participants and contracting parties. These rules are intended to make the auction process effective, to quickly establish certainty about the effectiveness of the purchase and to create legal certainty about complaints as quickly as possible. It is against this background that the rules should be interpreted.
9.1. VALIDITY OF THE TRAFFIC LIGHT SYSTEM, COMPLAINT AND LIABILITY REGULATIONS
9.1.1. For the practical operation of the auctions and the procedure for complaints, reference is made to the appendix “Principles of complaints and liability regulations” and attached to these online GTC. This applies namely to the regulated trading system and to the responsibilities between buyers and sellers.
9.1.2. Insofar as the appendix “Principles of Complaints and liability regulations” should contradict this online GTC in individual cases, the wording of  the online GTC shall be deemed to be of primary importance and legally authoritative vis-a-vis the Appendix.
9.2. DUTY TO INFORM PARTICIPANTS BEFORE THE AUCTION
Before each auction, participants must find out about the current online GTC and lists for fees and charges, insofar as it is had been already agreed on, and about the ´´traffic light system, complaint and liability regulation´´.
9.3. EXCLUSION OF SIMULTANEOUS AUCTION ON SEVERAL SALE PLATFORMS
9.3.1. At auction4you’s discretion, the auction will be conducted exclusively on one of the platforms provided (EVA, CarLife, TISCA or others). The simultaneous auctioning of the same vehicle on different platforms is excluded.
9.3.2. Similarly, it is not possible for participants to place bids for a car on a platform other than the one in which the car is set.
9.4. VEHICLE INFORMATION ON THE SALE PLATFORM
9.4.1. Information on the vehicle provided by the supplier is displayed in a suitable manner on the sales platform. the display on the sales platform also contains the assessment made by the supplier according to the traffic light system; the “light system, complaint and liability regulation” guidelines of auction4you.
9.4.2. The bidding process shall also be announced on the sales platform in a suitable manner.
9.4.3. Disclosed information to participants is not guaranteed properties or property agreements. This applies especially to all information about origin, condition, age, and authenticity, which in principle shall not be regarded as an assurance or guarantee. Used vehicles can show signs of wear corresponding their age or mileage.
9.5. START AND CLOSURE OF AUCTION/ AMENDMENNT BY AUCTION4YOU/ BID DISMISSAL PROCEDURE OF THE AUCTION
9.5.1. The auction starts and ends basically when the vehicle is placed for sale.
9.5.2. auction4you can unilaterally change the start and closure of auction without prior notice. auction4you will announce these changes to the participants in a suitable manner.
9.5.3. auction4you can also cancel an auction that has started or reject bids, especially if the participants violate these online GTC.
9.5.4. auction4you may, under these online terms and conditions, make ineffective bids, e.g. Take bids under reserve, without being obliged to do so, provided that the supplier agrees.
9.6. THE SUPPLIER´S OFFER- LIABILITY, DISPOSAL OF DELIVERY
9.6.1. By hiring a vehicle for auction, the supplier submits a binding offer to the bidder whose purchase bid is by auction4you accepted at the end of auction, provided that it is not below the specified reserve price.
9.6.2. Upon the hiring of the vehicle, the seller declares to be willing and, in a position, to hold the vehicle in readiness upon termination of the auction. In case of a corresponding request by auction4you within a time limit of 24 hours at the occasion named in the placement, including all vehicle keys and documents, especially licence certificate, registration notice and/or if necessary, the EU certificate of conformity to be handed over to the buyer, unless expressly otherwise stipulated.
9.7. CONTENT OF THE SALES OFFER- STATE OF VEHICLE, DEFECTS AND MINOR DAMAGES
9.7.1. The vehicle is generally offered by the supplier in the condition it was in at the time of the knockdown.
9.7.2. The vehicle is offered at auction via the Carlife procedure in consideration of the auction4you guidelines “light system, complaint and liability regulations”.
9.7.3. Unless a characteristic feature is expressly warranted in a manner that the supplier with respect to the bidder, irrespective of indebtedness by way of an independent guarantee undertaking, will be responsible for characteristic features according to sections 434 and 435 of the German civil code missing hardware and accessories, as well as minor damages not covered by the description and other prevailing opinion, which objectively reduce the item value according to general consensus, do not substantiate defects within the legal sense and will not result of claims or other rights on the part of the bidder and buyer. However, this only applies if the deviations in value of a defect do not exceed a value of EUR 300 net or 5% of the purchase price. The local retailer´s cost price when receiving of the notice of defect is decisive.
9.7.4. If the deviation of the general traffic conception represents an increase in value compared to the description in the setting, this does not constitute a defect, unless it is a deviation that would affect a delivery negatively.
9.7.5. If there is disagreement between the parties to the contract of sale as to the type and amount of the deviation which reduce the item´s value, auction4you shall, in the name and on behalf of the buyer, commission a court-sworn expert for vehicles with the assessment for Automotive parts and accessories of whether, following the reasoning mentioned above, whether an impairment loss represents more than EUR 300 net or 5% of the purchase price. The appraisal is binding the contracting parties unless the expert gives a wrong appraisal through gross negligence or willful misconduct.
9.7.6. In the case of pre-sale vehicles, normal depreciation and mileage increases are to be expected until delivery is made. Such deviations from the state reported in the setting (in particular: Increases in mileage, usage-related impairments or minor damages), which occur between the setting up and delivery and which lead to an impairment of no more than 5% of the purchase price, shall be accepted by the purchaser and shall not entitle the purchaser to a reduction in the purchase price, unless otherwise expressly stipulated.
9.8. BUYER´S PURCHASE BID – LIABILITY, RESERVE AMOUNT, VEHICLE CONDITION, DISPOSAL OF DELIVERY
9.8.1. By submitting a bid, the bidder submits a binding purchase offer. Bids that have already been placed cannot be reduced or withdrawn. This shall not affect the statutory reasons for appeal.
9.8.2. In principle, bids may not be lower than the reserve price stated on the sales platform.
9.8.3. When submitting a bid of a certain amount, the bidder takes into account that the vehicle is only described for information purposes in the set description and that the vehicle is offered in the as-is condition at the end of the auction, i. e. that the vehicle is allowed to deviate from the description in the vehicle´s setting in the objective value in accordance with clause 9.5.
9.8.4. The bidder also considers the auction4you guidelines ´´Traffic light system, complaint and liability regulations´´ upon auctions in Carlife procedure, insofar as their validity has been agreed separately.
9.8.5. By submitting a bid, the bidder declares that he is ready and able to take over the vehicle immediately after irrevocable receipt of the purchase price payment by auction4you, at the latest within a period of 24 hours at the location of the vehicle specified in the setting.
9.8.6. The bidder further declares that he is ready and able to immediately inspect the vehicle for defects after the end of the auction. Immediately means, in the case of collection by the buyer, within 24 hours of being made available by auction4you, but no later than upon delivery; in the case of delivery by seller or third party then immediately upon delivery.
9.9. BIDS EXPIRATION
A bid expires when a higher bid is placed or when the auction is closed. If the highest bid is below the reserve price, the bidder is still bound to this bid for 48 hours (calculated by the end of the auction). A binding period of 5 business days applies to TISCA auctions (hidden auctions).
9.10. DECLARATION OF ACCEPTANCE WAVE
Auf eine gesonderte Annahmeerklärung des Einlieferers verzichtet der Bieter.
9.11. CONCLUSION OF THE PURCHASE AGREEMENT BETWEEN SUPPLIER AND BIDDER AND TRANSFER OF THE PURCHASE PRICE CLAIM
9.11.1. A sales contract is automatically concluded between the supplier and the participant who submitted the highest bid by the end of the auction. (Exception TISCA covert auction)
9.11.2. With the conclusion of the purchase bids, the supplier´s purchase price claim against the buyer is assigned to auction4you. auction4you is authorized by the supplier to assert contractual and legal claims against the buyer.
9.11.3. If the highest bid is under the reserve price set by the supplier, the purchase contract is only concluded if the supplier agrees within 48 hours from the end of the auction (Expect for TISCA 5 workdays).
9.12. BIDS ALIGNEMENT
If there are several bids of the same amount at the end of the auction, the participant who submitted the highest bid first will be the highest bidder. If both bids are submitted at the same time, auction4you is responsible for determining the highest bidder.
9.13. PROHIBITED ACTS OF THE PARTICIPANT DURING THE AUCTION
9.13.1. The supplier is prohibited from offering reserved vehicles to third parties for purchase or to dispose of the vehicle in any other ways until the Auction´s conclusion.
9.13.2. The supplier is prohibited from offering reserved vehicles to third parties for purchase or to dispose of the vehicle in any other ways until the Auction´s conclusion.
9.13.3. The supplier is prohibited from placing bids on his own offers himself or through third parties.

10.1. MATURITY OF THE PURCHASE PRICE
The purchase price is due upon knockdown, unless otherwise expressly stipulated.
10.2. PAYMENT METHODS
The following payment methods can be used:
10.2.1. Transfer or express transfer
10.2.2. Cash deposit at our house bank
10.2.3. Cash payment is not accepted
10.3. ONLINE BILLING
10.3.1. The buyer declares his consent to the transmission of online invoices.
10.3.2. The online invoice is sent to the provided email address on the auction4you website in the customer area.
10.3.3. The buyer is advised to print out the online invoice in paper format; however, the paper format is not considered as receipt according to the tax law.
10.3.4. The printed online invoice must be kept for ten years like a paper invoice.
10.4. PAYMENT DELAY
Upon receipt of the invoice, the buyer is in default of payment without the need for a reminder from auction4you.
10.5. DELIVERY AND RETENTION
10.5.1. Unless otherwise agreed, the procedure of delivery shall take place between the parties to the sale contract. Auction4you will provide the buyer with the vehicle for delivery after full and irrevocable payment of the purchase price, including all fees and charges. auction4you shall deliver the vehicle in its as-is condition, including vehicle keys and papers, unless otherwise specified in these terms and conditions.
10.5.2. If the buyer does not retrieve the auctioned merchandise within a period of 2 business days, calculated based on the auction4you´s request and after complete and irrevocable receipt of payment of the purchase price and all fees and charges. Following this period, the buyer shall be in default of acceptance without further warning.
10.5.3. The buyer undertakes the acquisition of the vehicle in any case, even if he asserts or intends to assert counter-rights. The delivery takes place at the location specified by the supplier. Unless otherwise agreed between the buyer and seller, any costs for provision, delivery, export fees or bank charges shall be borne by the buyer.
10.5.4. auction4you reserves the right of retention on the vehicle documents until full payment of the purchase price, including fees and charges.
10.5.5. Unless otherwise agreed, any costs for provision, delivery, export fees or bank charges shall be borne by the purchaser.
10.6. EXTENDED RETENTION OF TITLE
10.6.1.The Seller shall retain title to all items until he receives full payment of the purchase price of all vehicles, including all fees and additional costs. Partial payments are not possible. The seller shall also retain title to all items delivered until all its claims arising out of the business relationship with the Purchaser including claims arising in future out of contracts concluded at a later date and including any recourse or indemnity claims arising out of bills and cheques have been settled in full. This shall also apply to any balance to the Seller’s credit if individual or all claims have been posted by the Seller to a current account and the balance is struck.
If in connection with payment of the purchase price by the purchaser, an obligation to accept the bill of exchange or check is established for the seller, the reservation of title along with the claims that derive from the delivery of merchandise and form its basis only expire when the payment is cleared by the purchaser as payer.
10.6.2. Any processing of the reserved merchandise shall be done for the Seller as manufacturer, without, however, obligating the Seller. The Seller shall acquire title to the new object. If merchandise of the Seller are processed with other items not delivered by it, the Seller shall acquire joint title to the new object in the same proportion as the invoice value of its merchandise bears to the invoice values of the other processed items. Should the reserved merchandise be mixed or proceeded with merchandise not belonging to the seller in accordance with §§ 947, 948 German Civil Code, the seller shall acquire joint-title analogous to the legal regulation. If the Seller’s merchandise are combined, mixed or jointed therewith to form an integral part, the Purchaser herewith already assigns to the Seller the joint ownership thereof in the same proportion. The Purchaser shall hold the object owned or jointly owned, according to the above conditions by the Seller in safekeeping for the Seller free of charge.
10.6.3. If the merchandise is subject to retention of title are resold separately or together with merchandise not owned by the seller, the buyer transfers the demands from a resale to the amount of the merchandise subject to retention of title with all additional rights and rank of the rest. The seller accepts the assignment.  The value of the merchandise under reservation of title shall be the amount invoiced by the seller, but this shall not be considered if the rights of third parties stand in the way. If the seller is co-owner of the resold merchandise subject to retention of title, the transfer of the demand will amount to the quota of the seller´s joint title.
10.6.4. The buyer is only entitled and authorized to resell, use or install the good under reservation of title in ordinary business dealings and only on condition that the claims as described in sub sections 10.6.2 and 10.6.3 actually pass to the seller. The Buyer is not entitled to any other dispositions about the merchandise under reservation of title, especially pledging and the transfer of ownership for security.
10.6.5. The Seller authorizes the Buyer, subject to the recall, to withdraw the assigned claims. The seller will not exercise his right to collect the claims himself as long as the buyer complies with its payment obligations, including his payment obligation toward third parties. At the customer’s request the seller shall name the debtors of the claims assigned and notify them of such assignment; the seller shall be entitled to inform the debtor of the assignment.
10.6.6. Should any execution or distress by a third party be levied upon the reserved merchandise or the assigned claims, the Purchaser shall without delay notify the seller thereof and delivered to him many documentation required  in order to object against such execution and or distress
10.6.7. Upon discontinuation of payment and/or application and commencement of insolvency proceedings, the right for resale, utilization or installation of good subject to retention of title or the authorization of withdrawal of the assigned claims shall expire; in the case of cheque or bill protesting the collection authorization it expires as well. This does not apply to the rights of insolvency administrators.
10.6.8. If the value of the security provided exceeds the total value of claims (or is reduced by an amount corresponding to payments and part-payments made) by more than 20%, the seller undertakes, as its own discretion, to transfer back or release security accordingly.
10.6.9. Upon redemption of all the Seller’s claims from the business connection, the ownership of the goods subject to the retention of title and assigned claims will be transferred to the seller. In derogation of the above, the ownership of the merchandise, subject to retention of title in case of purchase financing, passes to the buyer’s dealer financing provider after full payment of the merchandise.
10.7. INSPECTION AND COMPLAINTS PROCEDURE
10.7.1. The buyer must immediately inspect the vehicle for defects upon the conclusion of the sale contract, and upon delivery at the latest. This also applies to bidders who are not present on the spot but who submit bids by telephone, fax or other means of distance communication.
10.7.2. Defects must be reported immediately to auction4you in writing, at the latest within 24 hours after delivery, taking into account the auction4you Germany guidelines “traffic light system, complaint and liability regulations”; insofar as their validity has been agreed separately. Such defects or misstatements, which can only be recognized based on the vehicle documents, must be notified to auction4you immediately after receipt of the vehicle documents. Subsequent complaints cannot be taken into account.
10.8. RIGHT OF WITHDRAWAL FROM PRESALE VEHICLES
If the supplier cannot ensure delivery of a pre-sale vehicle after being discontinued, he is entitled to withdraw from the contract.

11.1. STORAGE COSTS
auction4you can provide warehousing of vehicle under the financial conditions set forth in the current price list.
11.2. RETRIEVAL OBLIGATION
If the car is not stored with a supplier, but with auction4you, or at auction4you´s costs, the Buyer is obligated to retrieve the vehicle immediately after it is made available at its own costs and risks. If the buyer does not retrieve the auctioned merchandise within a period of 2 business days, he will be in default of acceptance without further warning. auction4you is entitled to charge an additional storage fee in accordance with the applicable price list, in case of late retrieve. If an auction ends without a contract of purchase materializing, and if the vehicle is accommodated at auction4you, the seller is obligated to retrieve the vehicle at the latest within 2 business days at its own costs and risks. This does not apply if the vehicle is immediately put up for auction again. In the case of late retrieve, auction4you is entitled to charge an additional storage fee in accordance with the applicable price list.
11.3. NOTICE OF STORAGE RISKS
Vehicle stored by auction4you are parked in the open air without a special agreement. The client of the storage is therefore aware that there is no adequate protection against natural disasters and against accidental loss, theft, and property damage. Liability for gross negligence or intent remains unaffected.

12.1. Purchased vehicles / accessories are to be retrieved by the buyer, not auctioned vehicles / accessories are to be retrieved by the supplier at his own expense and risk, unless otherwise agreed.
12.2. Deliveries of vehicles / accessories by auction4you or a contracted company to the buyer are only carried out at the buyer´s expense and risk and based on a separate agreement.

13.1. ANNOUNCEMENT OF THE PRICE LIST
The fees and charges to be paid by the participants result from the current price list, which is published on the auction4you website.
13.2. PRICE LIST CHANGES
auction4you may change the price list without prior notice. The participants and parties to the purchase contract shall find out about the current price list before using auction4you.
13.3. DUE DATE
Unless otherwise stated in the price list or a separate agreement, the indemnities and commissions are due for payment immediately upon conclusion of the contract.
13.4. PAYMENT DELAY
Upon receipt of the invoice, the buyer is in default of payment without the need for a reminder from auction4you. Due to late payment, auction4you reserves the right to withdraw from the sales contract on behalf of the seller unless payment is made within 7 days of receipt of the invoice by the buyer. auction4you reserves the right to resell incomplete or unpaid vehicles. Any shortfall in sales will be borne by the defaulting buyer.
13.5. PAYMENT / SETTLEMENT
Payment by auction4you to the seller shall only be made after full, irrevocable payment of the purchase price including all fees and charges by the buyer or a merchant financier to auction4you. Payment by auction4you to the seller is made exclusively cashless, based on the invoice from the seller, by bank transfer. auction4you is entitled to offset amounts received in its own name against its own claims against the participants or parties to the contract of sale. Payment is therefore made by auction4you after deduction of all claims arising from the auction in question. Additional costs incurred by unsuccessful payment attempts for which the participant is responsible (e.g. chargebacks) are to be borne by the participant.
13.6. COMPENSATION OF PARTICIPANTS OR CONTRACTING PARTIES BY AUCTION4YOU
The offsetting of auction4you by participants or contracting parties with their own claims shall only be permitted if the counterclaim is legally established or is not disputed between auction4you and the participant or the purchasing party.

14.1. LIABILITY OF ACTION4YOU
14.1.1. Insofar as defects in the vehicle itself or other damages arising from auction4you´s services, and particularly due to the use of the sale platform, the Seller´s liability shall be limited to the following:
14.1.2 auction4you shall not be liable to the completeness and accuracy of the information of the participants during registration and the placed vehicle for auction. The responsibility lies with the respective participant.
14.1.3. auction4you is not liable for the credit worthiness and ability of the participants to pay, where auction4you does not check this
14.1.4. Unless otherwise provided in the following, auction4you shall not be responsible of for damage based on the use of auction4you´s sale platforms, in particular, based on technical errors and late, erroneous or left-out consideration of placements and offers.
14.1.5. Particularly, auction4you reserves the right to temporarily decommissioning, namely for maintenance work and updates.
14.1.6. auction4you shall only be liable for intent and gross negligence towards participants and third parties.
14.1.7. On breach of any substantial contractual obligation the Seller shall be liable for any culpable conduct of its own as well as that of its legal representatives or assistants.
14.1.8. The limitation of liability shall not apply to life, health, or body injuries, or in the case of mandatory legal regulations.
14.1.9. The Seller’s liability shall be limited to the foreseeable damage, except of damage caused intentionally or through gross negligence.
14.1.10. Any further liability is excluded.
14.2. RISK TRANSFER AND RISK ASSUMPTION
14.2.1. auction4you shall not bear the risk of accidental deterioration or accidental loss, particularly due to the reasons mentioned in sub-section 11.3, especially natural damage and accidental loss, theft, or property damage for which auction4you is not responsible.
14.2.2. The supplier or seller generally bears this risk until the time of the knockdown unless a different risk transfer arises from these terms and conditions.
14.2.3. The bidder or buyer generally bears this risk from the time of the knockdown unless these terms and conditions result in a different risk transfer.
14.2.4. In the case of presales vehicles, the seller bears the risk until the notified availability time point.

15.1. As a part of the business relationship and in compliance with the legal regulations, namely of data protection, auction4you shall be entitled to gather, store, and use for its own purposes.
15.2. The participants agree, in particular, that data will be transferred to other participants or third parties if this is necessary to use the services, to initiate and process contracts or to safeguard the legitimate interests of third parties. However, subject to mandatory legal requirements, auction4you is not obliged towards the buyer to communicate the name and address of the supplier, unless the buyer can prove in individual cases that he needs this information in the course of executing the contract, in particular to assert rights against the supplier(= Seller), regardless of auction4you´s processing already established.
15.3. auction4you is further entitled to transfer this data to other companies in auction4you group, considering the data protection regulations.
15.4. Upon termination of the registration to the auction4you sales platforms and all the legal relationships in connection with the sale platforms have been fully processed, the participant is entitled to the deletion of their stored data in accordance with the statutory provisions.

16.1. The language of auction and contract shall be German. Texts (e.g. contracts, terms and conditions, correspondence) in other languages are only used for information; in case of doubt, the German version applies.
16.2. The law of the Federal Republic of Germany shall apply to the legal relationships between auctio4you and the participant.
16.3. The place of jurisdiction is the respective headquarter of auction4you, which is currently D-94032 Passau. This also applies if the buyer or seller has no domestic jurisdiction.
16.4. If any of the above clauses should be invalid, this does not affect the effectiveness of the remaining regulations. The ineffective regulation shall be replaced by the respective legal regulations which come as close as possible to the meaning and the economic purpose of the ineffective clause.

 

TRAFFIC LIGHT SYSTEM, GENERAL GUIDELINES ON COMPLAINTS AND LIABILITY REGULATION

of auction4you gmbh, Bahnhofstraße 40, 94032 Passau
hereinafter: auction4you (As of May 1st, 2020)

1.1. The sales in the auction should be fair and ethically correct for buyers and sellers. auction4you endeavors to ensure that the transactions are appropriate and fair for both parties.
1.2 auction4you does not appear as a party in the sales contract. The sales contract is concluded exclusively between seller and buyer.
1.3. auction4you reserves the right to reject vehicles whose legal status is not unequivocally established. Deliberate attempts at manipulation and deception lead to immediate exclusion and will be reported without exception.
1.4. Obvious damage that was not known or apparent when the bid was accepted must be reported to auction4you on the day of sale. If necessary and justified, auction4you will clarify the interests of the seller and buyer.

2.1. auction4you has a standardized traffic light system to show the overall condition and special information about the vehicles for sale:
The traffic light system is defined as follows:
2.1.1. Green light – “Ready to drive”: The green light indicates that the vehicle is guaranteed to be drivable on the day of sale and for the following seven days after appropriate, careful handling. Short-term deviations or changes will be announced prior to the sale with a special notification.
2.1.2. Yellow light – “Notes”: A yellow sell signal indicates to the buyer that the auctioneer or the consignor’s representative has provided special information about the condition of the vehicle or the vehicle documents.
2.1.3. Blue light – “Subsequent delivery of vehicle documents”: A blue signal indicates that the vehicle documents, in particular registration certificates 1 and 2, are not available but are being delivered.
2.1.4. Red light – “Sold-as-seen”: The vehicles that are offered under the red sell signal are sold to the exclusion of any possibility of complaint. This also applies to the completeness of the vehicle documents, such as Service booklet, operating instructions, etc. This applies in particular to all vehicles that meet one of the following criteria:
2.1.4.1. All vehicles sold with a starting or hammer price of less than € 4,000.00 net are sold “as seen”.
2.1.4.2. All vehicles sold that are older than 6 years from the factory delivery date when they are called up or accepted are “sold as seen”.
2.1.4.3. All vehicles sold with a mileage of more than 150,000 kilometers when they are called up or awarded are “sold as seen”.

For all vehicles sold in the auction, the seller is responsible for the following:
3.1. The seller is responsible for the accuracy of any information (oral or written) that he or the auctioneer provides, when selling the vehicle. This includes year, model, equipment line, mileage, fuel type, origin and specified condition as well as the respective traffic light with which the vehicle is sold.
3.2. Deviations such as existing or repaired accident damage, disclosure obligations (if provided by law), use or change of use of the vehicle, conversion of the fuel type, etc. must be stated before or during the sale.
3.3. According to the auction4you definition, the binding disclosure obligations on the part of the seller are defined as follows:

auction4you – Classification and complaint criteria Green Light Rotes Licht
Claimable? Reklamationsfähig?
Transmission problems Yes No
Engine problems Yes No
Faulty Airbag-System Yes No
Faulty ABS-¬System Yes No
Faulty air conditioning Yes No
Electrical Problems Yes No
History – non visible problems
Flood damage, fire damage Yes Yes
Deviations from milage, total milage Yes Yes
Total loss repaired Yes Yes
Non-reclaimable damage of parts or missing parts
Missing parts No No
Glass damage No No
Wear parts No No
Clearly visible hail damage No No
Clearly visibile tire damage No No
Interior damage No No
Visible external damage No No
Minor damage No No
Missing duplicate keys, radio code cards, navigation CD/-DVD/SD No No

With regard to any vehicle purchased in the auction, the buyer is responsible for:
4.1. Before the start of the auction, the buyer is obliged to take note of any information relating to the vehicle from the auctioneer or the seller’s representative. The buyer is also obliged to observe the traffic light system (red, yellow, green) and to take it into account when placing bids.
4.2. As far as possible, all vehicles must be inspected by the buyer directly before or during the sale. As far as possible and reasonable, the buyer must check the information provided by the seller and take discrepancies into account when submitting bids. If deviations from the information in the catalogue or the auctioneer are found subsequently, the applicable deadlines of these complaints and liability regulations must be observed; delayed complaints can no longer be considered.
4.3. The buyer warrants that they have sufficient financial means to cover all purchases, including bid prices and any fees and additional costs.
4.4. The buyer should carefully examine each vehicle. Should a problem arise, the complaint to auction4you must be made in writing within the specified period. The buyer assumes liability for mechanical failure after leaving the auction or after the deadline for complaints.
4.5. In the case of self-collection, the person collecting the vehicle must convince himself of his driving ability; in particular, the fluid levels should be checked before driving. Damage caused by failure to do so cannot be claimed.
4.6. Before submitting a bid, the buyer is obliged to take note of the sell signals and information before submitting a bid. As soon as the vehicle has been sold, the buyer must check information such as the sale price and information for correctness before signing the sales contract.

Vehicles that have one of the defects, conditions or discrepancies as described below, which were not announced or announced at the time of sale, must be reported to auction4you in writing within the deadlines specified below in order to assert claims. Each individual mechanical defect can only be asserted if repair costs (based on the retailer’s cost price) exceed € 300.00 net for vehicles with a green light. When returning the vehicles, the condition of the vehicles must be the same as or better than when they were purchased on the day of the auction. Cost reimbursements are solely at the discretion of the auction house and are limited to reasonable and documented costs. Lost winnings and commissions are non-refundable. The deadline for complaints for participants in live auctions ends at the close of business on the auction day. There is a five-day complaint period for online participants. The sales day is the first day. The following table lists the deadlines for complaints for defects that are not specified:

Green Light Red Light
Fahrbereit wie gesehen
Reason for Claim
Flood damage, fire damage On the day of the auction
(live participants)
or latest 5 post-auction working days.
Deviations from milage, total milage
Total loss repaired
Transmission problems On the day
of the auction
(live participants)
or latest within
5 post-auction
working days		 No claim eligible
Engine problems
Faulty Airbag-System
Faulty ABS-System
Faulty air conditioning
Electrical Problems
Non-reclaimable damage of parts or missing parts
Missing parts No claim eligible
Glass damage No claim eligible
Wear parts No claim eligible
Clearly visible hail damage No claim eligible
Clearly visibile tire damage No claim eligible
Interior damage No claim eligible
Visible external damage No claim eligible
Minor damage No claim eligible
Missing duplicate keys, radio code cards, navigation CD/­DVD/SD No claim eligible

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Impressum

auction4you gmbh | Dr.-Emil-Brichta-Str. 1 | 94036 Passau | Deutschland
Telefon: +49 2421 / 55 49 0 | Telefax: +49 2421 / 55 49 296 | Email: info@auction4you.eu

Registro delle imprese: HRB 10994 | Foro competente: Tribunale locale Passau
Codice fiscale: DE278435428 | Amministratore delegato: Ing. Josef A. Mayr

Coordinate bancarie: Deutsche Bank
IBAN: DE66 3957 0061 0828 0067 00 | BIC: DEUTDEDK395

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