General Terms and Conditions
1. GENERAL INFORMATION ON THE SERVICES
These General Terms and Conditions of CARAUKTION AG (CH-130.3.011.127-9), Mühlenenstrasse, 8856 Tuggen, Switzerland govern the rights and obligations of the members in connection with the use of CARAUKTION’s services, including the auction conditions, “So funktioniert’s” [That's how it works] from 10/2/2006. The following conditions are intended to contribute to carauktion.ch being a safe place for buyers and sellers.
CARAUKTION cannot monitor the risks associated with doing business with persons unknown to you. Although it is not allowed, members could provide false information or display other modes of behavior which are not permissible or unlawful or in other ways constitute an infringement of members' rights based on these terms and conditions.
CARAUKTION, its representatives and employees are accordingly not responsible for the legal relationship which arises from or in connection with an auction. If you have further questions, please contact our Customer Service Department by phone.phone: +41 (0)55 445 27 25
- The prerequisite for buying and selling via carauktion.ch is free registration as a member. Our websites are open without restriction only to authorized natural or juristic persons who have HR registration for the purpose of vehicle trading. Minors (persons under 18 years of age) are not entitled to use our services. The user details must be complete and accurate at all times.
- Details marked with an asterisk (*) are compulsory, especially the following: company, current address (not a post box), phone number, contact, valid email address and dealership. In the case of changes of address or responsibility, the member is bound to change the details immediately via myCARAUKTION.
- After registration and subsequent checking by CARAUKTION, you receive a password by email. You must keep this password confidential (under duty of confidentiality) and never disclose it to a third party, for security reasons.
1.3 No claim to useNo claim exists to registration and use of our services. CARAUKTION is free to refuse any registration or to ban a member.
Because of site maintenance or for other reasons, CARAUKTION may occasionally not be available or only available to a limited extent, without the user or member having the right to make any claims against CARAUKTION.
Registration and auctioning vehicles on carauktion.ch are free.
For placing a product on carauktion.ch, CARAUKTION levies a placement fee, the amount of which can be seen under Prices.
In the case of contract closure, the seller must pay a transaction fee to carauktion.ch, the amount of which can be seen under prices.
Sellers are not permitted to apportion CARAUKTION fees of any kind to buyers and to demand payment from them. For that reason, these costs must be factored into the minimum price.In the case of a contract being concluded, an a buyer's premium is charged, which is due immediately and is charged to the buyer. The amount of the fee can be seen under prices.
2. AUCTION TERMS AND CONDITIONS
CARAUKTION provides a platform for Internet auctions on which vehicles are traded.
Pricing is based on supply and demand.The CARAUKTION marketplace is not a normal auction in the sense of the Swiss Code of Obligations. The auction may take place in the following way:
- In contrast to a normal auction, the end of the auction is not determined by the fact that a bid is accepted because of a lack of other bids but by the fact that a time deadline has been reached, extensions excepted. Details can be found in So funktionierts [That's how it works].
- If the seller has chosen the “Buy now” option, the end of the auction comes about immediately whenever a buyer has made a bid in the amount of the "Buy now" price.
3. SELLING - PLACING A PRODUCT
Placing a product by means of holding an online auction represents a binding offer on the closing of a contract of sale concerning the product, by the seller to the highest bidder or to the bidder at the “Buy it now price” (in the case of auctions with a “Buy it now price”).
For each auction, the seller specifies the minimum price or a “buy it now price” where applicable, and the terms of payment and delivery. It is not possible to modify or withdraw an item under auction, once the auction has started.
In providing the item for auction, the seller is bound to provide truthful information on the product for sale. Unless otherwise mentioned in the description of the item for auction, the buyer does not have any claims under the purchaser’s rights guarantee, regarding defects in the product which have not been disclosed.
The seller is obliged to adhere to the truth in placing the vehicles for auction. Embellishing the truth or omitting important information (like car having been in accident) are not tolerated and can mean immediate exclusion from the auction.
3.2 Minimum price
The seller may specify a minimum price (= starting price) for their item. We wish to point out that this first bid may already result in a successful auction and that the seller is obliged in this case to sell the product at the price offered.
3.4 "Buy it now" price
It is possible for the seller to set a “Buy it now” price for their item. If the seller has fixed a “Buy it now” price, it is displayed on the auction page and any bidder has the opportunity to submit a bid in this amount at any time after the auction has started. When a bid is entered in the amount of the “Buy it now” price, the contract governing the acquisition of the product at the price fixed in the “Buy it now” category comes into force right away and the auction is immediately closed.
4. SUBMITTING A BID FOR AN AUCTION
Entering a bid constitutes the binding acceptance of the seller’s price on the closing of a sales contract governing the product described, at the bidding price entered. The a buyer's premium and, where applicable, a flat transit rate are added. In making his bid, the bidder promises to buy the product displayed in the particular auction at the agreed conditions (a buyer's premium, settlement, transport etc.) and at the particular price, if he wins the bidding. It is not possible to modify or withdraw a bid.
The bid may be submitted only in the input form provided, BidMeter© , on the appropriate auction page. Bids in another form, especially bids to CARAUKTION by email are invalid and irrelevant.
4.3 Correction of the product descriptionIf corrections occur after an auction bid and if they amount to a reduction in quality of the item for sale, the highest bidder, who would win the item in the case of the auction being concluded at that time, is entitled to withdraw their bid. In such a case we ask the bidder(s) to send us an email at email@example.com.
5. CONCLUSION OF AN AUCTION
5.1 Auction duration
An auction normally runs to the specified end time. If a bid is submitted within the last 10 minutes, the auction closes 10 minutes after the last bid is entered.If a bidder submits a bid in the amount of the “Buy it now” price, bidding for the item is closed immediately.
5.2 Bid accepted
Without any further ado, a binding sales contract between the seller and the highest bidder comes into force at the conclusion of the auction.
If a bidder makes a bid in the amount of the “Buy it now” price, the binding sales contract with this bidder concerning the acquisition of the product auctioned immediately comes into force.If no bid has been made, the auction has not been successful.
5.3 Signaling the end of the auctionIn the case of a successfully concluded auction, CARAUKTION gives information about the buyer to the seller and vice versa. The reuse of this information is permitted solely in order to properly complete the sales transactions following the auction.
5.4 Purchasing process
After the end of the auction, both parties are bound to contact one another. Making contact is usually initiated by the seller. If one party does not get in touch after the other party has made several attempts to contact them (at least twice by email and once by phone) within seven days, the latter is entitled to withdraw from the sales contract. In this case, please send an email to the other party and a copy to firstname.lastname@example.org .
If the buyer receives CARAUKTION AG's invoice, the vehicle remains the property of CARAUKTION AG until the entire vehicle and services amount has been paid in full.
5.5 Taking unsuccessful bids into accountIn the case of the contract between the seller and the successful bidder not coming into force, we reserve the right to inform the seller on demand of the addresses of the other bidders (highest unsuccessful bid first), so that the seller may enter into negotiations with them. In such a case, the transaction fee is charged on the basis of the highest unsuccessful bid according to the present cost schedule.
6. OTHER GENERAL AUCTION REGULATIONS
6.1 Prohibition of manipulation of auctions
A username and password are always issued for each firm.
Vehicle sellers are prohibited from manipulating the price of their own products during the auction process. Bids on vehicles which have been placed for auction may not be submitted either by the bidder himself or by a commissioned third party.
It is forbidden to submit bids by means of automatic data processing systems.
A member who infringes the above regulations is warned by CARAUKTION when they learn of the fact and/or is banned in the case of reinfringement. An auction which has been manipulated in this way is canceled and repeated.
6.2 Transport costs
If no other arrangement has been made, the delivery transport costs of the vehicle placed for auction are assumed by the seller.
6.3 Additional conditions
Unless otherwise stated, the prices of all products placed for auction with CARAUKTION are quoted including official VAT.
If the product does not correspond to the published description, the buyer must inform the seller of this fact in writing, within seven working days after product delivery. The buyer may demand an improvement from the seller.
If the desired success does not occur after two improvements and if no other settlement has been reached between the seller and buyer (e.g., price reduction), an amendment of the sales contract comes into force (product repossession and purchase price reimbursement by the seller).
7. CARAUKTION’S SPECIAL RIGHTS
Irrespective of CARAUKTION’s other rights under these General Terms and Conditions, CARAUKTION reserves the right to the following in the case of special circumstances:
- to extend durations of offers and bids
- to delete offers and bids
- to exclude products from offers and bids
- to refuse offers and bids
- to ban sellers and/or buyers from using CARAUKTION’s services.
8. WARNING, LOGIN BLOCKING AND BANNING MEMBERS
Since a virtual marketplace, in particular, depends highly on its members' reliability, the following basic principles concerning CARAUKTION’s warning and banning members apply, if CARAUKTION has concrete evidence of the incidents described below:
|Description of incident||CARAUKTION’s response|
|False information provided for login (in particular, false name, false postal address or false phone number)||member banned|
|Member under 18 years of age||member banned|
|Submitting bids in own auctions - first offence||login blocked|
|Submitting bids in own auctions - second offence||member banned|
|Placing for auction and/or selling prohibited products or selling by using prohibited information||login blocked|
|Repeated placing for auction and/or selling prohibited products or selling using prohibited information||member banned|
|Misuse of reimbursement application||member banned|
|No payment of auctioned vehicle within five days of auction end||login blocked|
|No payment of service within 10 days after invoice date||login blocked|
|No acceptance of the purchased products, although the seller is not aware of any complaints whatsoever||member banned|
|No delivery of the purchased products, although the buyer is not aware of any complaints whatsoever||member banned|
|No delivery of the purchased product, although the buyer has paid the purchase price and sent a reminder to the seller||member banned|
|Infringement of other conditions in these General Terms and Conditions or of applicable statutory regulations||warning, login blocking or banning of member at fault|
If a login is blocked, administrative charges of CHF 300.00 (plus VAT) accrue for it to be unblocked. As soon as payment for it has been registered, the login is re-enabled with immediate effect (Saturdays, Sundays and official public holidays excepted).
Warning or banning of a member can occur at any time, if CARAUKTION has a particularly justifiable reason for warning or banning a member.
Placement fees, transaction fees and fees for placement options plus possible reminder expenses and recovery compensation payments are also further causes of banning.
9. RESIGNING MEMBERSHIP
If a member wishes to terminate their membership, this resignation can be done by means of an email to CARAUKTION at the following address: email@example.com
The prerequisites for such a resignation are as follows:
The member's auctions are totally completed and the particular purchases/sales processed.
CARAUKTION’s Customer Service confirms the resignation by email.
10. CARAUKTION’S LEGAL STATUS
- CARAUKTION is not involved in the sales transactions between seller and buyer and provides only the technical facilities for completing these auctions. CARAUKTION is not a party to the contracts, which are negotiated solely between the members.
- CARAUKTION does not carry out any pretesting of the products offered in these auctions.
- Only the successful buyer and the seller are entitled and bound regarding a purchase agreement resulting from an offer/bid. It is solely in the seller or buyer’s field of responsibility to execute delivery of the goods and payment
- CARAUKTION assumes no liability or guarantee for the description, properties, prices and availability of the vehicles on auction and for the completion of a contract between a seller and a highest bidder.
- CARAUKTION is not responsible for offers/bids which cannot be processed or accepted by reason of technical problems.
- CARAUKTION is not responsible for the seller's conduct or for the seller's products offered for sale or use.
CARAUKTION has no control whatsoever over the following:
- the quality, safety or legality of products which are the subject of member auctions
- the accuracy of the particular offers
- the seller's ability to sell or deliver the products
- and the ability of the bidding members to pay for the products
- and accepts no responsibility in this respect.
11. CARAUKTION’S LIMITED LIABILITY
CARAUKTION is liable for direct losses only, caused by infringement of the contract which is deliberate or the result of gross negligence by CARAUKTION. Any liability of CARAUKTION for direct losses in the case of slight negligence - irrespective of the legal grounds - is expressly excluded, notwithstanding any binding statutory regulations. Any liability of CARAUKTION for indirect losses or for consequential losses - irrespective of the legal grounds - is fully and expressly excluded.
CARAUKTION is not liable for losses incurred by members or a third party as a result of the conduct of other members.
12. FAILSAFE CLAUSE
Should individual clauses of these General Terms and Conditions be void and/or ineffective, the validity and/or effectiveness of the remaining clauses or parts of such conditions remain unaffected. The invalid and/or ineffective clauses are replaced by one which comes closest in financial terms to the sense and purpose of the invalid and/or ineffective clause, in a legally effective way. The same applies in the case of any omissions from the regulations.
13. AGREEMENT TO THE GENERAL TERMS AND CONDITIONS
- On registration as a member (buyer or seller) of the CARAUKTION auction you unreservedly accept these General Terms and Conditions and you conclude an agreement with CARAUKTION on the use of the CARAUKTION website, including the auction conditions.
- You reconfirm your acceptance of these General Terms and Conditions each time that you use a CARAUKTION service. CARAUKTION reserves the right to make changes to these General Terms and Conditions at any time, without giving a reason, and to publish the new version on www.carauktion.ch . The members are also directed by direct message to the new version of the General Terms and Conditions.
- If you are not in agreement with the new version of these General Terms and Conditions, please inform us and from this date you are no longer entitled to participate in the auctions or to use our services in any other way.
- On agreeing to the General Terms and Conditions, you consent to our collecting, processing and using your traffic data, in connection with the use of the CARAUKTION platform, with the help of electronic aids.
14. TRANSFERRING RIGHTS AND OBLIGATIONS TO A THIRD PARTY
CARAUKTION reserves the right to transfer individual rights or all of the rights arising from this agreement to a third party or to allow them to be exercised by a third party.
Membership cannot be transferred.
15. APPLICABLE LAW AND PLACE OF JURISDICTION
This agreement, including the auction conditions and the auctions as well as the purchase agreements concluded between the members are subject to Swiss Law (with the exclusion of the UN Convention on the International Sale of Goods), unless it is opposed by any compulsory statutory regulations.
So far as it is not opposed by any compulsory statutory regulations, CH-6430 Schwyz (SZ) is the sole place of jurisdiction for all disputes between members and CARAUKTION AG.