Terms and Conditions1.Introduction 2. Definitions and Interpretation |
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2.5 Delivery location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the order;
2.6 Durable location means paper or email, or any other medium that allows information to be addressed personally to the recipient , enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
2.7 Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
2.8 Order means the Purchaser's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
2.9 Privacy Policy means the terms which are set out how we will deal with confidential and personal information received from you via the Website;
2.10 Website means our website Pawn Goods Auction on which the Goods are advertised.
2.11 Purchaser – a natural or legal person who has registered on the website using the application form provided by “Pawn Goods Auction” and engages in trading with goods commercially;
2.12 E-invoice – an invoice issued by “Pawn Goods Auction” and sent out in electronic form;
3. Conclusion of the agreement
3.1 If the Purchaser creates a user account in accordance with Art. 4 of the General Terms and Conditions of Business and subsequently receives a confirmation of registration by e-mail the agreement between “Pawn Goods Auction” and the Purchaser is concluded in a legally valid manner making reference to these General Terms and Conditions of Business;
3.2 A further separate agreement including these General Terms and Conditions of Business between “Pawn Goods Auction” and the Purchaser is concluded in a legally valid manner making reference to these General Terms and Conditions of Business if the Purchaser enters into a purchase transaction concerning a product in accordance with Art. 6 of the General Terms and Conditions of Business;
3.3 Pawn Goods Auction respective applicable price lists as at the date on which the contract is concluded shall apply to the agreements.
4. Using our Site
4.1 You must use our website and the information available from our website responsibly. No such information may be used for or in connection with any unlawful, immoral or anti-social purpose, or in a manner which is or may be damaging to our name or reputation;
4.2 You cannot use our Website:
a. for any unlawful purpose;
b. to send spam;
c. to harm, threaten, abuse or harass another person, or in a way that invades someone's privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to us, our customers or suppliers;
d. to create, check, confirm, update or amend your own or someone else's databases, records, directories, customer lists, mailing or prospecting lists;
e. to tamper with, update or change any part of our Website;
f. in a way that affects how it is run;
g. in a way that imposes an unreasonable or disproportionably large burden on us or our supplier's communications and technical systems as determined by us or using any automated means to monitor or copy our Website or its content, or to interfere with or attempt to interfere with how our Website works;
5. Intellectual property rights
5.1 All content on our Website including but not limited to text, software, photographs and graphics is protected by copyright. We, or our licensors, own copyright and/or database rights in the selection, coordination, arrangement and enhancement of such content, as well as in the original content. You shall not assert or attempt to obtain any such rights and you shall not use, copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, our name, trade marks, logos or other proprietary marks, or any of the content of our Website, in whole or in part;
6. Our liability
6.1 Although we hope our Webite will be of interest to users, we accept no liability and offer no warranties or conditions in relation to our Website or its content, to the fullest extent such liability can be excluded by law;
6.2 Under no circumstances will we, the owner or operator of our Website, or any other organisation involved in creating, producing, maintaining or distributing our Website be liable, whether in contract, tort (including negligence), breach of a statutory duty, even if foreseeable, for any loss of:
a. profits, sales, business, or revenue;
b. business interruption;
c. anticipated savings;
d. business opportunity, goodwill or reputation;
e. use of, or corruption to information or information;
6.3 If we do not keep to these conditions, then we will only be liable for losses you have suffered as a direct result. We are not liable to you for any other losses whether such losses are because we have not kept to our obligations or contract, because of something we have done or not done in negligence, due to defamatory statements or liability for a product or otherwise as a result of:
a. use of, or inability to use, our Webite;
b. use of or reliance on any content displayed on our Website; any mistake, fault, failure to do something, missing information, or virus on our Website or if it does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and circumstances beyond our control;
c. theft, destruction of information or someone getting access to our records, programs or services without our permission;
d. goods, products, services or information received through or advertised on any Website which we link to from our Website;
7. General provisions for the use of the website
7.1. The Purchaser is informed, and confirms by accepting the General Terms and Conditions of Business, that it is liable for any actions and errors on the part of users using this Website in the Purchaser’s name or by using its login data (hereinafter referred to as “users”);
7.2 The Purchaser undertakes to provide every user with a copy of these General Terms and Conditions of Business, comply with the provisions contained in these General Terms and Conditions of Business, and warrant that these will also be complied with by all its users;
7.3 The Purchaser warrants that it will make responsible use of the Website in accordance with the regulations of these General Terms and Conditions of Business, as well as any applicable national and international regulations within the scope of its legitimate interests, and not infringe any interests of third parties;
7.4 The Purchaser and users are prohibited from making any changes to the Website;
7.5 The Purchaser undertakes to refrain from engaging in any of the following actions when using the Website:
- Uploading, transmitting or otherwise distributing data containing computer viruses, tracking programmes or any other malware;
- making payments or carrying out operations or any other transactions which could interrupt, limit or otherwise interfere with the working or functioning of the Website or programmes, computers and means of communication of the user;
- disseminating information and material having content that is defamatory, objectionable, infringes the rights of third parties or is threatening or illegal;
8. Conditions of sale
8.1 The bid will be accepted by way of a separate notification to the Purchaser on the Website and/or by e-mail;
8.2 Following receipt of the notification specified in Art. 6.2, the Purchaser shall be obliged to complete an order form, giving details of the delivery address for the vehicle purchased, within one business day. By accepting the General Terms and Conditions of Business, the Purchaser declares that it is in agreement that completing the order form is mandatory in order to fulfil the agreement. Already prior to the Purchaser filling in the order form, the following details are contained on it, which can no longer be changed:
- The purchase amount (highest bid);
- the auction fee and regional fee;
- the delivery costs and any duties if applicable;
- the security deposit to be paid by the Purchaser if applicable;
8.3 When completing the order form, the Purchaser undertakes, if given the opportunity on the Website to do so, to select the nature of the delivery of the vehicle and the place of fulfilment/country.
8.4 The Purchaser accepts any costs and duties which may arise in the event of fulfilment in the country of destination chosen;
8.5 Pawn Goods Auction shall not bear any liability for any losses by the Purchaser due to an incorrect choice of country of destination.
8.6 The Purchaser undertakes to transfer the purchase amount, along with any fees and ancillary expenses in accordance with Art. 6.3, to “Pawn Goods Auction” bank, as specified on the order form, no later than within one business day of completing and despatching the order form;
9. Delivery of Goods. Preparing accompanying documentation
9.1 The Goods purchased are only delivered to the Purchaser using one of the methods available to choose from when placing the order, in line with the delivery conditions listed on the Website;
9.2 The Purchaser shall be entitled to make delivery of the Goods independently;
9.3 The Goods are only transported into the country of destination specified on the order form. The Purchaser accepts liability for any losses incurred to “Pawn Goods Auction” if, for the purpose of fulfilling the contract, the Goods have to be transported into a different country from the one specified on the order form;
9.4 The delivery costs are only given as reference values on the Website. The actual delivery costs depend upon multiple criteria;
9.5 Only an estimate of the date and time of delivery will be given by “Pawn Goods Auction” and/or its agent. The Purchaser shall not be released from the obligation to accept the Goods delivered;
9.6 The Goods can be delivered once all the following prerequisites have been fulfilled:
- the purchase price and price of the delivery have been transferred to “Pawn Goods Auction” bank account, as specified on the order form;
- the report on the handing over/acceptance of the vehicle has been signed;
- the documents entitling the Purchaser to collect the Goods have been handed over to it;
10. Right of revocation
10.1 The Purchaser shall have no right of revocation once its bid has been accepted by Pawn Goods Auction;
10.2 . However, Pawn Goods Auction reserves the right to agree to a request by the Purchaser for revocation, at its own discretion. In that respect, the Purchaser declares that it is in agreement that, in the event of accepting the revocation, Pawn Goods Auction shall be entitled to assert the claim for compensation for damage;
11. Data privacy, confidentiality
11.1 The Purchaser undertakes to only process and use personal data of other users which it obtains via the website to handle and answer the respective enquiry. Such data may only be used for certain other purposes, in particular for advertising purposes, upon obtaining the necessary consent(s) from the parties concerned;
11.2 When initiating, concluding, executing or reversing a purchase agreement, data will be gathered, saved and processed by “Pawn Goods Auction” within the scope of the statutory regulations;
11.3 When the Purchaser visits our Website, the IP address currently assigned to its computer, the date and time of the visit and the browser type and operating system of its computer, as well as the pages viewed by the Purchaser will be recorded. “Pawn Goods Auction” is, however, unable to link the aforementioned data with the Purchaser's personal details, nor does it envisage doing so;
11.4 The personal details given by Purchasers to “Pawn Goods Auction”, e.g. when placing an order or in an e-mail (such as the name and contact details) will only be processed in order to correspond with the Purchaser and only for the purpose for which the Purchaser has made the data available to “Pawn Goods Auction”. “Pawn Goods Auction” will only pass on the Purchaser’s details to the carrier commissioned with delivery, to the extent that the latter is necessary to deliver the Goods. For the purpose of handling payments, “Pawn Goods Auction” passes on the Purchaser’s payment details to the bank commissioned with handling payment;
11.5 Should the Purchaser no longer be in agreement with its personal data being stored, or should the latter have become inaccurate, “Pawn Goods Auction” will, upon receiving a corresponding notification, in accordance with the statutory regulations, have the Purchaser’s data removed, corrected or blocked. Upon request, purchasers will be given access to all their own personal details that “Pawn Goods Auction” has stored about them, free of charge;
12. Copyrights
12.1 All information, namely the website layout, the graphics and images used, the collection of contributions and individual contributions, is copyright-protected;
12.2 The passing on, duplication or any other use of information specified in paragraph 1 shall only be permitted subject to adhering to the following limitations. Any infringements will be prosecuted under copyright law, competition law and, if applicable, civil and criminal law;
12.3 The copying of the content of complete web pages is expressly prohibited;
13. Amendments or additions to the agreement
Any amendments or additions to the agreement shall require to be made in writing in order to be legally valid. No oral subsidiary agreements have been concluded;
14. Amendment of the General Terms and Conditions of Business
Pawn Goods Auction reserves the right to keep the General Terms and Conditions of Business up to date, and adapt them accordingly if necessary. The customer will be informed about any amendment to the General Terms and Conditions of Business at least two weeks prior to the new General Terms and Conditions of Business coming into force. Should the Purchaser or its authorised representative not put forward any objection to the amendment within the same period of time, the amended General Terms and Conditions of Business shall be deemed to have been accepted.