General Terms and Conditions for Using the avariilised-autod.ee E-Auction

Upon registering as a user of auction environment on the website www.avariilised-autod.ee you confirm that you have read and accept the user conditions of the www.avariilised-autod.ee E-Auction specified hereunder (hereinafter User Conditions) and undertake to obey these User conditions on the following:

General Conditions of Service Use

  1. User conditions pertain to the legal relationship between registered users (hereinafter Service User) of the auction environment of the website www.avariilised-autod.ee (hereinafter Auction Environment) and BaltBid Estonia OÜ (registry code 14755038, address Silluse 11, 11415 Tallinn, hereinafter Service Provider).

  2. The service provided by the Service Provider is enabling the use of the Auction Environment for the Service User and by doing that, giving them the opportunity to buy vehicles available for auction in the Auction Environment (hereinafter Service).

  3. The Service can be used by registering as a user of the Auction Environment on the website www.avariilised-autod.ee. A person is deemed to be registered as a user of the Auction Environment and the contract for Service provision (hereinafter Contract) is deemed to be signed, provided that the person has active legal capacity, has correctly filled in and submitted the registration form on the website www.avariilised-autod.ee, has transferred a registration fee of 15 Euros in their own name onto the Service Provider’s bank account no. EE852200221071913060 in Swedbank and the Service Provider has activated a personal username and password for the use of the Auction Environment. The registration fee is non-returnable. All users of the previous system who enter an old username and password can register for free. To do that, they need to write their old passwords into the additional information field when registering.

  4. Upon registering as a user of the Auction Environment, a person undertakes to submit correct personal data to the Service Provider, including correct and full name and use valid contact information.

  5. The Service Provider undertakes to activate a personal username and password required for using the Auction Environment to new users within 1 working day as of the completion of all actions by the person necessary to register as user of the Auction Environment, unless such person has submitted incorrect personal data to the Service Provider upon registration.

  6. The Service User undertakes to use the Auction Environment and the Service provided by the Service Provider in accordance with the User Conditions and with legislation valid in the Republic of Estonia.

  7. The Service User undertakes to treat the personal username and password activated by the Service Provider with confidentiality, and shall notify the Service Provider immediately in case of loss of username and password or their accidental disclosure to third persons.

  8. The Service User undertakes not to use any robots, spiders, scrapers or other automatic device in the Auction Environment. The Service User undertakes not to harm, disrupt or violate the Auction Environment and its usual functioning in any other manner.

  9. The Auction Environment and the copyright for its content are the property of the Service Provider. The Service User undertakes not to copy, amend or distribute the structure, design or code of the Auction Environment.

  10. Upon violation of obligations stipulated in clauses 7, 8 and 9 above the Service Provider is entitled to terminate the Contract with the Service User unilaterally and without providing an additional term and to block the personal username and password that has been issued to the Service User. The Service User is liable for material damage in full that the Service Provider has incurred as a result of the Service User’s violation of obligations set forth in clauses 7, 8 and 9.

Personal Data Processing

  1. Upon registering as a user of the Auction Environment, the Service User gives their consent that the Service Provider processes the personal data submitted by the Service User upon registration (hereinafter Personal Data) in accordance with the User Conditions and valid legislation in the Republic of Estonia.

  2. The Service User is entitled to withdraw the consent mentioned in clause 11 at any time, request the termination of processing Personal Data or request the deletion of collected Personal Data. The withdrawal of consent has no retroactive effect.

  3. The Service Provider uses Personal Data for the provision and development of the Service as well as for distributing advertisements and offers to the email address or other means of communication of the Service User.

  4. The Service Provider undertakes not to disclose or transfer the Personal Data of the Service User to third parties, unless it is necessary to ensure the quality or availability of the Service or for the development of the Service in any other way, and also for the application of legal remedies against the Service User.

Conditions for Participating in the Auction

  1. The starting price of vehicles offered in the Auction Environment is set by the Service Provider.

  2. Vehicles offered for sale in the Auction Environment can be viewed in advance at the sales premises of the Service Provider. Vehicles offered for sale in the Action Environment are on auction for a term set by the Service Provider, during which the Service User may place bids. The Service User has two options to place bids:

    1. Placing a bid by confirming each time and with the bidding increment of 50 EUR. In this case the Service User must follow the course of bidding themselves and place a new bid if they wish. All bids by Service Users are visible in the Auction Environment.

    2. Placing a bid with a fixed price limit determined by the Service User as their maximum bid price. The bid of the Service User is not visible to other Service Users. In such case the Service User does not necessarily have to observe the course of bidding. The bid of the Service User will be declared as the winning bid if during the bidding no other Service Users place better bids (at higher price).

      If two users bid the same amount with a set limit price, then the earlier bidder will always prevail. The same applies if a 50 EUR increment bid equals another user’s set limit price bid. In this case “my bid/ my max. bid” will equal to “current bid” in your account but you will not lead the bidding and the row showing this particular vehicle will be displayed in red.

  3. The pre-contract for the sale of the vehicle that was subject to auction is considered to be signed by giving consent to the winning bid. If a bid is not followed by better bids, consent will have to be given to the last bid.

  4. A bids made by the Service User cannot be withdrawn. Their bid is binding to the Service User until a better bid is placed, unless after the bid has been placed the Service Provider amends the description of the vehicle on auction or supplements the list of deficiencies of the vehicle on auction. Their bid is binding to the Service User also in case their bid is the only one placed (no better bids are made thereafter).

  5. Upon the absence of better bids the bid will not be binding to the Service User if the Service Provider does not give consent to the bid within 2 working days from of the end of the auction.

  6. After making a winning bid, the Service User undertakes to pay the sale price of the vehicle according to the issued invoice and enter into a contract of sale on the vehicle that was on auction. The Service User undertakes to give accurate data within 24 hours to the Service Provider that is required to prepare an invoice.

  7. The Service User undertakes to collect the auctioned vehicle from the premises of the Service Provider within 5 working days from the entry into the contract of sale, unless otherwise agreed in writing between the parties.

  8. Upon failure to meet the obligation specified in clause 20, the Service Provider has a right to claim a contractual penalty from the Service User of 15% of the final price of the vehicle that was subject to auction but no less than 350 Euros to cover the costs of organising a new auction.

  9. Upon failure to meet the obligation specified in clause 21, the Service Provider has a right to claim storage fee for the vehicle at the amount of 3 Euros per day.

  10. In case the Service User who made the winning bid at the auction does not enter into contract of sale with Service Provider for the vehicle that was on auction in accordance with terms specified in clause 20, the vehicle shall be subject to a new auction at the same starting price.

Confirmations and Securities

  1. Prior to the start of auction, the Service Provider undertakes to disclose all information regarding the condition and flaws of the auctioned vehicle that are known to them in the Auction Environment.

  2. The Service Provider shall disclose to the Service User information on the vehicle identification number and registration number of the auctioned vehicle with the purpose to enable the Service User to ask for maintenance-related and historic information on the vehicle from third persons.

  3. Prior to placing a bid, the Service User undertakes to examine the information on the vehicle made available by the Service Provider in the Auction environment, and place a bid giving consideration to the relevant risks borne by the Service User.

  4. The Service Provider is liable for the nonconformity of the auctioned vehicle to the conditions disclosed by the Service Provider in the Auction Environment, which exist at the time when the vehicle is transferred to the Service User. The Service Provider is not liable for the existence of other attributes of the vehicle presumed by the Service User and not disclosed in the Auction Environment.

  5. The Service User undertakes to inspect the vehicle immediately after the entry into the contract of sale specified in clause 20 because the Service Provider cannot be held liable for the deficiencies of the auctioned vehicle, the existence of which emerge as a result of failure to meet aforementioned obligations.

  6. The Service User shall immediately notify the Service Provider of the nonconformity of the auctioned vehicle with the conditions disclosed by the Service Provider in the Auction Environment. If the Service User fails to notify the Service Provider of the nonconformity of the auctioned vehicle in a timely fashion, the Service User cannot invoke the nonconformity of the vehicle.

  7. The Service User undertakes to present/ sign a letter of authorisation, under which the Service Provider can do necessary registry operations with the acquired vehicle (change of owner, deletion from registry, export/ transit, etc.) and to pay a service charge in the amount of 32 EUR (ex-VAT), to which a relevant state levy will be added if required.

Amendments to Terms and Conditions

  1. The Service Provider has the right to amend and make additions to User Conditions unilaterally, by publishing a relevant note and by publishing the amended and/or supplemented User Conditions on the website www.avariilised-autod.ee.

  2. Amendments and/or additions to User Conditions take effect after 30 days from their disclosure on the website www.avariilised-autod.ee, but are not binding on Service Users participating in auctions running during the time of amendment/addition.

  3. The Service User shall confirm their consent to amended and/or supplemented User Conditions with the use of Service after the amendments and/or additions have taken effect.

Final Provisions

  1. The Service User has the right to suspend the use of Service and close their user account. Obligations that arose before suspending the use of Service and closing the user account shall remain effective after the termination of Service use and closure of user account until they have been met as stipulated.

  2. The invalidity of one provision of User Conditions does not automatically render the other provisions that are in accordance with valid legislation ineffective.

  3. The legal relationship between the Service Provider and the Service User is subject to the legislation of the Republic of Estonia.

  4. Disputes arising from the use of the Auction Environment shall be solved via negotiations between the parties, upon the failure of which shall matter shall be taken to Harju County Court.

Request from the sales team!

To the buyer,

Please don’t ask about the following details of the vehicles:

  • condition, potential hidden damage or cost of repair work
  • cause of damage (reason, location , time, etc.), its previous owner or anything else related to the past
  • fuel consumption, comfort or technical specifications
  • availability and later potential sale price of spare parts

Please don’t ask about borrowing any kind of tools and accessories, including for example crowbar, hammer, fuel jerrycan, battery, jack, tow rope, wire, spare tire, etc.

We ask you not to come to collect the vehicle before you have received a confirmation for it.

Additionally, we ask you to obtain prior approval from the salespeople for other procedures of any kind, such as for example: another authorised person will come to sign the contract, only the trailer truck driver will come to collect the vehicle, a third person will come to replace the battery, etc.

We ask you to count on your own resources only when taking your purchased vehicle away, and to consider circumstances, such as that the sales lot is open until 5pm and there is no crane, hoist or other special equipment and that salespeople might be busy with work and might not even be able to help you push your vehicle.

 

To the delivery person,

We ask everyone who delivers a vehicle or gives its possession over to the sales lot, to take along personal identification documents, an authorisation document if necessary and definitely the technical passport(s) of the vehicle, a set of ignition keys together with its alarm and immobiliser remote controls, preferably also its service book.

To customers referred to us by insurance companies, we ask you to give us the possession of the vehicle in completeness that is in accordance with the accident or Motor Own Damage (kasko) insurance contract, unless previously agreed differently.