Romania, Podari, Braniste,
Article 1. Definitions
Website
The website www.abc-auctions.com, which is maintained by LKW Store & Services Srl, with its registered seat in Braniste (Podari), Dolj;
ABC Auctions
LKW Store & Services Srl and/or its subsidiary/ies or sister company/ies as reported on the Website;
User
The one who has registered on the Website;
Account: the online environment through which Customer, by logging in, gains access to the Auction of a Lot offered for sale by Seller.
Personal Details
The details provided by the User that are traceable to his or her person, suchas name/address/city of residence details, phone number and e-mail address;
Registration
The registration of User on the Website through filling in completely the registration form found on the Website;
Bid
Each amount bid by User in the auction for a lot, to be increased with, among other things, the auction costs and VAT, being an irrevocable offer by the User to purchase the Lot for the amount bid;
Static Bid: a Bid by the User in the form of a fixed amount for a Lot;
Auto Bid
A Bid in which the User indicates the maximum price he is willing to pay for a Lot. Following an overbid by a third party, the Website’s auction system then automatically places the minimum possible higher bid in the User’s name, as long as the maximum indicated by the User has not been reached.
Lot
An article, or a number of articles that are auctioned together (under one number);
Auction
The public sale of moveable goods organized by ABC Auctions via the internet;
Purchaser
The User to whom the Lot is allocated;
Seller: the person who offers one or more Lots for Auction for sale;
Auction Fees: auction costs charged to the Buyer in the amount of a percentage of the Bid, plus VAT tax.
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 placed a Bid has been allocated to the User, with which the Sales Agreement comes into effect. This declaration consists of sending a message from ABC Auctions to the effect that the User must proceed to pay the Purchase Price and counts as an acceptance on behalf of the Seller within the meaning of Article 1.186 of the Civil Code.
General User Terms and Conditions
These general terms and conditions;
Specific Terms and Conditions of the Auction
The additional, supplementary to or in departure from the General User Terms and Conditions, valid terms and conditions for participation in a specific Auction, as reported on the Website for the Auction in question;
Article 2. Applicability
2.1 The General Terms and Conditions for the User are applicable to the relationship between the User on the one hand and ABC Auctions on the other for the use of the Website. In addition, the Privacy Statement of ABC Auctions as shown on its Website applies. The User is supposed to review the latest amendments of the Privacy Statement when visiting the Website.
2.2 The applicability of General Terms and Conditions other than the present terms, the Specific and/or the General Terms and Conditions of the Online Auction is excluded.
Article 3. User’s Agreement
3.1 The User’s Agreement arises through Registration on the Website and places the User in the position to follow the progress of Auctions on the Website, among other things. The User’s Agreement cannot be transferred to another party. In the Registration the User provides his personal details to ABC Auctions and chooses his own password for access to the Website.
3.2 ABC Auctions confirms the Registration by email to the User at the email address submitted by the latter, after which the User has access to the Auction by means of his password. The User is obligated, after gaining access to the Website, to behave decently and not to damage the Website or other users of the Website. The User is liable for all actions that occur on the Website after he has gained access by means of the User’s password.
3.3 The User guarantees the accuracy and completeness of the Personal Details supplied during Registration. If the Personal Details change at any time, the User is obligated to inform ABC Auctions of this change.
3.4 ABC Auctions reserves the right to refuse and/or terminate the right to Registration unilaterally.
3.5 ABC Auctions enters the Personal Details acquired by it into administrative records kept for that purpose. Through Registration on the Website, the User gives permission for the use and filing of the Personal Details registered.
3.6 All intellectual property rights relating to the Account and the Website, including the further development thereof and the database of Lots, belong exclusively to ABC Auctions. The User is forbidden to duplicate the Website or any part thereof or to make it available (via deeplinks or in any other way) without prior written permission from ABC Auctions.
3.7 Through a (one-time) Registration, the User accepts the General Terms and Conditions for the User for every time that the User logs on the Website, regardless of whether he makes any bids.
Article 4. The Auction
4.1 ABC Auctions reserves the right to cancel an Auction, to terminate an Auction earlier than reported on the Website or to extend one.
4.2 The user participates in the auction through placing Bids, either Static Bids or Auto Bids, and understands that placing the highest Bid does not guarantee the sale and consequently his purchase of the Lot/Lots for auctions that are markes as ‘subject to allocation’, whereby the Seller reserves the right to accept or reject the bid.
4.3 The User states by his Registration that he is familiar with and agrees with the special circumstances of an internet auction and with the technical imperfections that can arise. ABC Auctions denies any liability for whatever damage that may arise in any way, directly or indirectly, including but not limited to the damage arising from the use of the Website, unless there has been deliberate or conscious negligence by ABC Auctions. More particularly, ABC Auctions accepts no liability for any damage whatsoever that arises in any way by or from:
- Actions performed by the User that may have been inspired by the information placed on the Website;
- The impossibility of using the Website and/or another malfunction in the Website or the supporting system;
- The Lots not meeting the specifications as reported on the Website;
- The fact that the information on the Website is incorrect, incomplete or out of date;
- Errors in the software of the Website and/or the supporting system;
- The unlawful use of systems, including the Website of ABC Auctions, by a third party.
4.4 The user understands and accepts that Lots won cannot be returned after the sale has been completed. Any defects in the Lots are not the liability of ABC Auctions as per Article 8 and fall solely on the Seller of the Lots. In this regards, ABC Auctions may choose to mediate between the Buyer and Seller to try to reach an agreement, but ABC Auctions is not required to do so.
Article 5. Security
5.1 ABC Auctions strives, in accordance with the requirements of reasonableness, to secure its systems against loss of Personal Details and/or against any form of unlawful use and implements the appropriate technical and organizational measures, whereby account is taken of the status of the technology, the costs of implementation and purposes of processing.
5.2 However, ABC Auctions is not liable for loss of data, damage to files, unlawful access to computers or files, viruses spread via the Website or other unlawful programs or files or any other consequence of the use that is made of the Website.
5.3 The Website can contain links to other websites. ABC Auctions has no authority over such sites and is not liable for the content of those sites.
Article 6. Description of Lots
6.1 ABC Auctions and the one who has commissioned the auctioning of the Lot strive for all possible accuracy and clarity in the description of a Lot on the Website, in auction catalogues, other auction brochures, advertisements and similar documents, without accepting any liability for damage arising from inaccurate or incomplete descriptions or any other damage.
Article 7. Liability
7.1 The liability of ABC Auctions, if and insofar as, after application of the other stipulations in these General Terms and Conditions for the User, there will still be leftovers, will always be limited to the amount to which the liability insurance of ABC Auctions pays out in the case in question. In case the liability insurance of ABC Auctions does not pay out, the liability of ABC Auctions is limited to € 5,000.
7.2 ABC Auctions is not liable for indirect or consequential loss. Further, all liability of ABC Auctions in connection with any defect in the Lot(s) or in respect of (alleged) infringement of the rights of (the intellectual property of) third parties is excluded.
7.3 In consulting with third parties, ABC Auctions will take the necessary caution into consideration. When relevant, ABC Auctions will prepare a Data Processing Agreement with these third parties. ABC Auctions is not liable for possible shortcomings of these third parties.
Article 8. Adjustments; effect
8.1 If and insofar as any stipulation of the General Terms and Conditions for the User is null and void or is nullified, the remaining stipulations of the General Terms and Conditions for the User will remain undiminished in force. ABC Auctions will then determine a new stipulation to replace the null/nullified stipulation, by which the intent of the null/nullified stipulation will be taken into consideration.
8.2 Departures from these General Terms and Conditions for the User can occur solely insofar as this is fixed in writing by an authorized representative of ABC Auctions.
8.3 ABC Auctions reserves the right to unilaterally amend these General Terms and Conditions for the User.
Article 9. Applicable law
9.1 Romanian law is applicable to these General Terms and Conditions for the User and to the legal relationships that are associated with the Auction.
9.2 The Romanian text of the General Terms and Conditions for the User is the original text. In the event that the General Terms and Conditions for the User are used in several languages, the Romanian text will therefore be given preference in case of lack of clarity or contradictions.