GTC - General Terms and Conditions (03.2020)
1. General information
CARAUKTION AG (CHE-112.761.721; in the following: "CARAUKTION") operates an internet auction platform in the business-to-business sector and offers various modularly structured services in vehicle remarketing.
The legal relationship between CARAUKTION and its users in connection with the use of CARAUKTION services is governed by the following GTC, as well as the annexes listed separately therein and any other individual agreements concluded in writing.
By registering on the auction platform, the user accepts these GTC without limitation.
As an integral part of these GTC in connection with the use of CARAUKTION services, the parties hereby expressly agree to the currently valid CARAUKTION terms of purchase and the current CARAUKTION price list, which can be viewed at any time via link.
The auction describes the internet auction conducted on the CARAUKTION "platform". The individual procedures up to the conclusion of the auction can be found in the respective valid terms of purchase.
In contrast to the conventional auction pursuant to Art. 229 Para. 2 and 3 CO, the auction is not closed by award in the absence of other bids, but either:
- when an end date is reached, whereby a legally valid purchase contract between the publisher and the bidder always depends on the acceptance of the respective publisher, if the minimum price has not been reached, or
- - if the advertiser demands a minimum offer (option fixed price) - immediately if a bidder offers a bid with at least the amount of the required fixed price. With the conclusion of the auction, a purchase contract is automatically concluded between the seller and the bidder within the meaning of Art. 187 et seq. CO.
The auction platform is a web application at www.carauktion.ch, on which auctions as well as fixed-price sales etc. can be carried out.
CARAUKTION's auction platform may be temporarily unavailable or limited due to maintenance work or other reasons. The user acknowledges that he/she is not entitled to any claims against CARAUKTION as a result of this circumstance.
3. Users of the Carauktion internet auction platform
Free registration as a user is required in order to be allowed to use the CARAUKTION platform. Participation as a user is only possible after acceptance of the application and activation of the account by CARAUKTION.
CARAUKTION reserves the express right to reject registration applications or to exclude users without justification.
After a successful check of the criteria to be fulfilled, CARAUKTION will activate the account. The user undertakes to keep his/her password secret and not to disclose it to any unauthorised third party for security reasons. Violations will result in both civil and criminal consequences against the offending user.
A user can be any natural or legal person who has been verified by CARAUKTION in accordance with the user application and who is capable of acting and who must provide CARAUKTION with an entry in the commercial register in the user application for this purpose, with a clear purpose and who is active as a main business in the automotive industry.
Publishers of vehicles on the platform of CARAUKTION can also be users who own a fleet and want to sell their vehicles on the platform.
Users expressly undertake to provide CARAUKTION with complete and correct information at all times. Users must notify CARAUKTION immediately and without delay in writing of any changes of address or any changes in responsibility of users. Failure to comply with this regulatory provision has the effect that the user is excluded immediately.
Long-time users with proven quality standards and increased volume can receive the so-called "trust label".
The price overview can be found at www.carauktion.ch.
The registration as well as the bidding on www.carauktion.ch are free of charge.
Candidates are not allowed to pass on any fees from CARAUKTION to bidders and to claim these costs from them. These costs must therefore be included in the minimum price.
5. Publishers and bidders
A publisher is a user who autonomously and independently places an offer for an auction. The placement of a product for the purpose of an online auction represents a binding offer. The publisher is autonomously responsible for the handling of the purchase contract in the sense of the auction conditions.
The publisher is legally obliged to grant the bidder the unrestricted right of ownership of the purchased item against payment of the purchase price. CARAUKTION accepts no liability in this respect.
The publisher is obliged to pay CARAUKTION a fee for the placement of an offer as a publisher ("placement fee") according to the current price list. The placement fee is also due in the event of complaints and if the vehicle is not sold. In the event of a successfully completed auction, an additional transaction commission is payable in accordance with the price overview.
A bidder is a user who autonomously and independently places a bid for an ongoing auction. Submitted bids are binding and cannot be withdrawn. The highest bid will be accepted after the end of the auction if it reaches the set minimum price of the publisher or if the bid below the minimum price has been accepted, which automatically results in a binding contract between the publisher as seller and the bidder as highest bidder.
In the event of a contract being concluded, the bidder undertakes to pay CARAUKTION a transaction fee in the amount shown in the price list.
The due date is valid with the conclusion of the contract between the two parties.
6. Scope of services
CARAUKTION offers users the possibility to conclude contracts with other users on the CARAUKTION platform autonomously and on their own responsibility. Only the users of the platform provided by CARAUKTION are obliged and entitled under these contracts concluded under their own responsibility. CARAUKTION is explicitly not a party to any contracts concluded between users as publishers and bidders on the platform.
CARAUKTION acts in premium status as a proprietary dealer within the meaning of Art. 436 et seq. CO and thus as a direct contractual partner of users. It explicitly excludes all warranty claims for physical or legal defects of the sold vehicles or accessories.
CARAUKTION reserves the right to extend, delete or exclude the duration of offers and bids without giving reasons, or to prohibit potential users (publishers and/or bidders) from using the services of CARAUKTION. In this respect, the parties agree under point 7 "Special rights of CARAUKTION" as an integral part of these GTC.
CARAUKTION charges business partners/users for the agreed services. Upon invoicing, immediate default occurs within the meaning of Art. 102 Para. 2 CO without further reminder. If a business partner/user is in default, CARAUKTION reserves the right to block an account of the business partner/user with immediate effect.
CARAUKTION is in no way liable for the risks or damages associated with the initiation and conclusion of transactions.
7. Special rights of Carauktion
Without prejudice to CARAUKTION's other rights under these GTC, CARAUKTION reserves in the event of special circumstances the right to:
- extend the terms of bids and offers
- delete offers and bids
- exclude products from offers and bids
- reject offers and bids
- exclude publishers and/or bidders from using the services of CARAUKTION.
8. Data protection
CARAUKTION attaches great importance to the protection of the personal rights concerning the use of the auction platform. The relevant data protection provision as set out in the separate annex therefore forms an integral part of these GTC. The data protection provision can be viewed at any time by clicking on the link.
CARAUKTION is entitled, but not obliged, to check the offers, texts and pictorial representations published by users on the auction platform for their legality and to prohibit them if necessary. This applies in particular to the "BASIC" system used by the users on their own responsibility, where processing is carried out directly by the publisher.
9. Severability clause
Should individual provisions of these GTC be wholly or partially void and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by such a provision which comes closest to the economic purpose of the invalid and/or ineffective provision in a legally effective manner. The same applies to any loopholes in the regulation.
10. Applicable law and place of jurisdiction
Swiss law applies exclusively to these GTC and the legal relationship between the user and CARAUKTION.
The exclusive place of jurisdiction for any disputes between a user and CARAUKTION is the registered office of CARAUKTION.