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.