General Terms and Conditions for ABC-Auctions.com

These General Terms and Conditions of ABC Auctions were last updated on the 22nd November, 2024.

Article 1. Definitions

General Terms and Conditions of ABC Auctions : represent the terms and conditions by which any User enters into a collaboration relationship with ABC Auction through the Websites www.abc-auctions.com/www.abc-licitatii.ro, the General Terms and Conditions representing the collaboration contract between ABC Auctions and the Users who access or submit Purchase Offers on these Sites, ABC Auctions having the quality of Intermediary for the online sale from the seller to the buyer of goods/Lots, while the bidding User has the quality of potential buyer or, as the case may be, buyer of the goods/Lots.

ABC Auctions /ABC Licitatii : LKW Store & Services Srl and/or its subsidiaries or group companies, as reported on the website;

The website: www.abc-auctions.com/www.abc-licitatii.ro, which is the property of LKW Store & Services Srl, a Romanian company with registered office in Braniste (Podari), Dolj, being registered for VAT purposes with the number RO26425331;

Lot: an item/good or a number of items/goods that are auctioned individually or together (under one number);

Auction: the public sale of movable goods organized online by ABC Auctions via the Internet;

Buyer: The user to whom the Lot is allocated based on the highest Offer placed on the Site in an Auction for that Lot;

Seller: the person who offers for sale one or more Lots by online auction on the Site;

User: any natural or legal person who registered on the Site;

Account: the online environment through which the User, through authentication, obtains access to the Auction of a Lot offered for sale by the Seller through ABC Auctions;

Personal details: details provided by the User that can be traced back to the User, such as name/address/ residence details, telephone number and email address, VAT registration number (for legal entities ), personal identification number (for natural persons), etc;

Registration : the User’s registration on the Site by fully completing the registration form on the Site;

Offer (BID): each amount offered by the User in the auction for a Lot, to be increased with, if applicable, the auction fee and VAT, being a firm and binding offer of the User to purchase the Lot for the amount offered, irrevocable, without right of withdrawal. Any Offer placed on the Site by a User in an online Auction is irrevocable and represents entering into a firm contract to purchase the Lot for which the Offer was placed, in the event that another user has not placed an Offer at a higher amount, and there is no possibility of withdrawal. When registering on the Site, any User confirms that he has read and understood the General Terms and Conditions of the site, thus implicitly the definition and meaning of the Offer;

Static Auction: an Offer by the User in the form of a fixed amount for a Lot;

Automatic Bidding : An Offer in which the User indicates the maximum price he is willing to pay for a Lot. Following an outbid by a third party, the Site’s auction system then automatically places the highest possible minimum bid on behalf of the User, as long as the maximum indicated by the User has not yet been reached.

Auction fees : the auction costs charged to the Buyer in the amount of a percentage of the Offer (plus VAT) which is presented transparently on the Site during the auction of each Lot.

Allocation: the explicit declaration by ABC Auctions (on behalf of the Seller) to the User that the Lot or a combination of Lots for which the User has submitted one or more Bids has been allocated to the User, the latter having placed the highest Bid at the end and thus, the respective User acquires the status of firm Buyer with whom the Sales Contract for the respective Lot enters into force. This declaration consists of the transmission of a message from ABC Auctions to the effect that the User must proceed with the payment of the Purchase Price and represents an acceptance by the Seller within the meaning of Article 1186 of the Civil Code.

General terms and conditions of use: these general terms and conditions;

Specific terms and conditions of an Auction: General terms and conditions additional to or outside these general terms and conditions, valid for participation in a particular auction, as reported on the web page of the auction in question;

Article 2. Object of the General Terms and Conditions for the User

2.1. The General Terms and Conditions for the User are mandatory and represent the way of collaboration between the User, on the one hand, and ABC Auctions, on the other hand, for the use of the Site. In addition, ABC Auctions’ Privacy Policy and Cookie Statement as presented on its website applies. The user should review the most recent changes to the Privacy and Cookie Statement when visiting the website.

Article 3. User Agreement for the General Terms and Conditions

3.1. The User gives his firm and non-transferable consent to the General Terms and Conditions by registering, at his own initiative, on the Site, when he implicitly provides his personal data to ABC Auctions and chooses his own password for access to the Site.

3.2. ABC Auctions confirms the Registration by e-mail to the User at the e-mail address provided by the latter, after which the User has access to participate in the Online Auctions by logging into his Account. Thus, through the Registration on the Site of the User and through the confirmation by ABC Auctions by e-mail, the parties firmly agree to enter into the collaboration contract defined by the General Terms and Conditions of the Site, through which ABC Auctions intermediates sales between the seller and the User of Lots listed on the Site for sale.

3.3. The User guarantees the accuracy and completeness of the Personal Details provided during Registration. If the Personal Details change at any time, the User is obliged to inform ABC Auctions about this change.

3.4. ABC Auctions reserves the right to refuse and/or terminate the right to register unilaterally.

3.5. ABC Auctions enters the Personal Details acquired by it in the administrative records kept for this purpose. By registering on the Site, the User gives permission for the use and filing of the Personal Details registered.

3.6. The User is obliged, after gaining access to the Site, to behave decently and not to damage the Site or other users of the Site. The User is responsible for all his actions that take place on the Site after gaining access by logging into his Account. All intellectual property rights relating to the Account and Website, including its further development and database, Lots, etc., belong exclusively to ABC Auctions. The User is prohibited from duplicating, cloning, hacking, destroying the Site or any part of it or making it available (through deep links or in any other way) without the prior written permission of ABC Auctions.

3.7. The User ticks at the Single Registration that he has read, understood and accepts the Site’s General Terms and Conditions every time the User logs in to the Site, regardless of whether he makes an offer or not. Therefore, through the single registration, the User gives his firm acceptance to the General Terms and Conditions of the Site and agrees that they are binding for the contractual relationship between the parties.

Article 4. The auction

4.1. The user who participates in any online auction on the Site by placing Bids, either by Static Auction or by Automatic Bidding understands that the placing of any Bid represents their firm contractual obligation and obligates the User as a contractual party to purchase the Lot for the bid amount and to make the payment within a maximum of 2 working days to the ABC Auction account if the Bid placed is the highest bid within the said Auction for that Lot. Upon completion of any auctions on the website the User who places the highest Bid will receive from ABC Auctions by e-mail the proforma invoice to pay for the Lot and, as the case may be, the Auction Fee and VAT within a maximum of 2 working days. For certain auctions ABC Auctions reserves the right to charge deposits for certain Lots, these will be retained if the User wins the auction and does not pay the rest of the amount within 2 working days or returned to the User if he does not win the auction .

4.2. In the event that the User does not pay the price for the online auction where he placed Bids and was declared the winner, he owes ABC Auctions as a firm contractual penalty an amount equal to the equivalent of 20% of the value at which the respective Lot/Lots were declared won. Also ABC Auctions reserves the right to block the account of the User who bid, won a Lot and did not pay the due price to ABC Auctions. The account can be unblocked by paying a penalty of 20% of the value of the Lot/Lots won and an unblocking fee in the amount of 75 Eur.

4.3. The User participates in the auction by placing Bids, either through Static Bidding or Auto Bidding, and understands that placing the highest bid does not guarantee sale, as all Auctions marked as “subject to allocation” are subject to the Seller’s final approval to sell the Lot for the price reached by auction.

4.4. The user declares by his registration that he is familiar with and agrees with the special circumstances of an internet auction and the technical imperfections that may occur. ABC Auctions disclaims all liability for any damages that may arise in any way, direct or indirect, including, but not limited to, damages resulting from the use of the website, unless there has been wilful or knowing negligence of part of ABC Auctions. More specifically, ABC Auctions assumes no responsibility for any damages arising in any way by or from:

Lots that do not meet the specifications reported on the website;
Impossibility of using the Site and/or other failure of the Site or the support system;
The fact that the information on the Site is incorrect, incomplete or outdated;
Errors in the website’s software and/or support system;
Illegal use of the systems, including the ABC Auctions Website, by a third party;
Actions performed by the User that could have been inspired by the information placed on the Site;
Partial or total blocking of the Site;
Breaking and/or cloning or illegal destruction of the ABC Auctions Website by a third party.

4.5. The User understands and accepts that the Lots won cannot be returned after the sale is completed. Any defects in the Lots or inconsistencies between the Lots and their description/photos in the auction are not the responsibility of ABC Auctions, which is only an intermediary, and rest solely with the Seller of the Lots. In this regard, ABC Auctions may choose to mediate between Buyer and Seller to try to reach an agreement, but ABC Auctions is not obligated to do so.

4.6. ABC Auctions reserves the right unilaterally and without reason to cancel an auction, to end an auction earlier than reported on the website or to extend one.

Article 5. Description of lots

5.1. ABC Auctions endeavors to describe the Lots proposed for auction as clearly and accurately as possible both on the Site and in the marketing campaigns it carries out for any Lots, in any auction brochures, advertisements and promotional documents. However, there may be human errors in printing or presentation, thus ABC Auctions assumes no responsibility or liability for any direct or indirect damages that may result from inaccurate or incomplete descriptions or any other damages. The User may inspect the Lots before bidding and assumes full responsibility for the offers and purchases made through the Site and any actions he undertakes on or through the Site and agrees to hold ABC Auctions free from any liability or responsibility.

Article 6. Liability

6.1. ABC Auctions is not responsible for any direct or indirect loss. In addition, any liability of ABC Auctions is excluded in relation to any defect in the Lot(s) or in respect of any (alleged) infringement of the rights, including intellectual property, of any third parties.

Article 7. Security

7.1. ABC Auctions endeavors, in accordance with the requirements of reasonableness, to secure its systems against the loss of Personal Details and/or against any form of illegal use and implements appropriate technical and organizational measures, which take into account the state of technology, the costs of implementation and purposes of processing.

7.2. However, ABC Auctions is not responsible for loss of data, damage to files, illegal access to computers or files, viruses spread through the website or other illegal programs or files, or any other consequence of using the website.

7.3. The website may contain links to other websites. ABC Auctions has no authority over these sites and is not responsible for the content of those sites.

Article 8. The Entire Contract and Adjustments;

8.1. If any provision of the General Terms and Conditions is invalid or is cancelled, the other provisions of the General Terms and Conditions will remain unaffected. ABC Auctions will then determine a new stipulation to replace the void/deleted stipulation, which will take into account the intent of the void/deleted stipulation.

8.2. Deviations from these General Terms and Conditions may only occur to the extent that this is established in writing by an authorized representative of ABC Auctions.

8.3. ABC Auctions reserves the right to unilaterally modify these General Terms and Conditions at any time, the User having the responsibility to check these General Terms and Conditions for changes each time they access the Site. To facilitate this verification, ABC Auctions will note the date of the current version of the General Terms and Conditions at the beginning of the web page where these General Terms and Conditions are found on the Site.

Article 9. Applicable law

9.1. Romanian legislation is applicable to these General Terms and Conditions and to the legal relationships arising in connection with the Auctions.

9.2. The Romanian text of the General Terms and Conditions is the original text. If the General Terms and Conditions are used in several languages, the Romanian text will prevail in case of ambiguities or contradictions.

Do you have questions about the General Terms and Conditions for ABC Auctions? Please contact us customer-service@abc-auctions.com