Auction rules

1. Common provisions

   1. These rules regulate the organisation and execution of vehicle auctions in this website autoa.auction, in order to perform vehicle resale and they are applicable to legal and natural persons who offer their own vehicles and auction participants who make their offers to the sellers for buying their vehicles (hereinafter – the Rules).
   2. Concepts and definitions used in these Rules:
      Auction organiser – MB "VDB digital group", company code: 305904859, address: V. Nageviciaus g. 3, LT-08237 Vilnius, Phone number: +370 700 44779, Email: [email protected].
      Auction – the platform, that operates at autoa.auction internet address, was created to help the Buyer to acquire and the Seller to sell their registered vehicle free of charge.
      Vehicle – vehicle that belongs to the Seller by property right and has no limitations for the Seller (its owner) to dispose it and which is intended to be sold by the Seller in the Auction. In case the Seller presents several vehicles in the Auction, the "vehicle" concept should be interpreted as plural.
      Auction object – vehicle or vehicle registration plate that belongs to the Seller by property right and has no limitations for the Seller (its owner) to dispose it and which is intended to be sold by the Seller in the Auction. In case the Seller presents several vehicles or vehicle registration plates in the Auction, the "Auction object" concept should be interpreted as plural.
      Auction participant – an adult natural or legal person, registered at the website autoa.auction in accordance with the set procedure and familiar with these Rules – Seller or Buyer. In order to be able to participate in auctions and create auctions by themselves, the Auction participant must (i) register at the website autoa.auction, (ii) confirm their email and phone number and (iii) pay the non-refundable participant fee of 20 (twenty five) EUR if the Auction participant intends to bid. When Auction participant intends to sell the Auction object, participant fee is not applicable.
      Auction winner – Auction participant who offerred the highest price for the Auction object during the Auction.
      Participation in the Auction - actions which result in rights and duties of the Auction participant provided in the Rules, for the breach of which the Auction participant may be held liable based on legal acts and these Rules.
      Participant fee - a non-refundable fee of 20 (twenty five) EUR, which must be paid via PAYSERA payment system or other similar system operating in the Website by the Auction participant who intends to bid at the Auction. In case of winning, this fee will be considered as success payment. When Auction participant intends to sell the Auction object, participant fee is not applicable.
      Seller – Auction participant who is registered in accordance with the set procedure and who presents the Auction object owned by them at the Auction.
      Buyer – Auction participant who is registered in accordance with the set procedure and who offers the price for the Auction object in the Auction.
      Website - internet address autoa.auction
      Success payment - fee that must be paid by the Auction winner to the Auction organiser for their adminitration services in 2 (two) calendar days after winning the Auction.
      Virtual wallet - balance account in the Website which belongs to the Auction participant and can be topped up via PAYSERA payment system or other similar system operating in the Website. Its funds are intended for paying success payment in case of winning the Auction, forfeit fees, for paying Participant fee and being able to return the money if the vehicle did not match its description or condition.
      
   3. Based on the Civil code of Lithuanian Republic, after reading them, the terms of the Rules become agreements between MB "VDB digital group" and the Auction participant.
   4. If some functions or additional facilities of the Website are unavailable, Buyer or Seller, who intends to participate in the Auction needs to (i) create an account in the Website in accordance with the set procedure, (ii) confirm their email and phone number and (iii) pay the Participant fee if they intend to bid. When Auction participant intends to sell the Auction object or simply observe the Auction, deposit fee is not applicable.
   5. The agreement between Buyer and Seller about participation in the Auction is made by the Auction organiser, which acts as an intermediary between the Seller of the Auction object and the Buyer, who intends to purchase the Auction object announced in the Website, and does not purchase the Auction object in its own name. The Sale and Purchase agreement is created directly between the Buyer and the Seller. The Auction organiser is not a party of the Sale and Purchase agreement, does not commit to the rights and duties arising from this agreement and does not act as a respresentative of the Buyer and/or the Seller. The Auction winner pays for the purchased Auction object directly to the Seller.
   6. The Auction organiser does not agree to any conditions raised by the Buyer or Seller that are not compliant with the requirements of these Rules and such conditions cannot be considered part of the agreement.
   7. The Buyer, by offering his own price for the Auction object agrees to the validity of these Rules and acknowledges the fact that he does not have the right to revoke the offer that was made by him.
   8. The Buyer and Seller both agree to the validity of these Rules.

2. Signing of agreements

   1. Based on these Rules it is being considered that agreements between the Auction organiser and the Buyer, as well as between the Auction organiser and/or the Seller are made properly if the Buyer and/or Seller is registered in accordance with the Rules requirements and each of them has received a registration confirmation at their provided email.

3. Auction participant registration

   1. Auction participant can use the Website only when all actions mentioned below are completed:
      1. registration form is filled in and submitted;
      2. data/documents required in registration procedure are submitted;
      3. agreement to the Rules, that are considered to be an integral part of the agreement between the Auction participant and the Auction organiser, is confirmed;
      4. confirmation link, which has to be activated, is received via email.
      5. In order to participate in Auction, Auction participant's phone number has to be confirmed. After doing so, Auction participant is able to create Auctions, but is not able to bid. In order to bid, Participant fee has to be paid.
   2. Registration form has to be filled in by the Auction participant themselves or by their legally authorized representative, who, in order to submit the documents required in the registration procedure and to confirm the consent to the Rules must have appropriate legally valid authorisation to perform the mentioned actions and which guarantees the certainty and completeness of the documents being submitted to the Auction organiser and commits to immediately inform about all changes of private data or other kinds of data provided in the registration form or changes of the documents submitted during registration. Complete list of provided data is being determined in the registration form, which has to be filled in by the Auction participant during the registration to the online Auction. If during registration or after it false, inaccurate, misleading or insufficient data has been provided, Auction organiser has a right to immediately cancel Auction participant's registration and delete their data and/or restrict their rights to participate in the Auction.
   3. Auction participant can have only one registration in the Auction.
   4. Auction participant acknowledges that Auction organiser is not required to check the certainty of data and documents, but has a right to check the certainty and completeness of information, provided in the registration form at any times and in case of uncertainties or incompleteness of the mentioned data or documents they have a right to act in one of the following ways:
      1. cancel the registration request without being required to inform the Auction participant about it;
      2. allow to correct the information / submit valid documents;
      3. temporarily or indefinitely forbid logging in to the Website. At all these cases the Auction organiser is not responsible for any losses (direct or indirect) suffered by the Auction participant.
      4. Auction participant agrees that before participating in the Auction they have to check the Auction organiser's service prices, which may change, and by participating in the Auction agrees to them. By registering to the Website the Auction participant agrees to all the rules provided here and commits to follow these Rules.
      5. Auction participant expresses his consent to follow these Rules by checking the box “I agree to the Auction Rules and Privacy Policy”. If the Auction participant does not agree with at least one condition of these Rules, they do not have the right to check the mentioned box and register or participate in the Auction. Auction participant cannot make claims to the Auction organiser about the Rules if they did not consent to these Rules.

4. Auction organiser's rights and duties

   1. Auction organiser commits to ensure smooth operation of the Website and in case of any interruptions to immediately ensure their elimination, but is not responsible for signal interferences, Auction participant's actions in the Auction website and false data being entered intentionally / unintentionally or offers made that are not related to the Auction.
   2. Based on legal acts, Auction organiser commits to ensure the security of data provided to them, by complying with GDPR (General Data Protection Regulation) and the requirements of Lithuanian Republic legislation.
   3. In case of doubts, Auction organiser has a right to check that the Auction object presented at the Auction has all the documents required by Lithuanian Republic to perform Auction object registration.
   4. The number of bids for each Auction object is unlimited and bidding is possible until the end of the Auction in question.
   5. If not stated otherwise, prices of the Auction object are provided including VAT and all other fees incumbent on the Auction object Seller.
   6. When the Auction winner wins the Auction, it is being closed and the sale of the Auction object takes place.
   7. If Auction participant brakes the Rules, including non-compliance of financial obligations, Auction organiser has a right to forward information about the Auction participant to the third parties, e.g. various registries or debt recovery offices, and the Auction participant, by acknowledging the Rules, agrees to that.
   8. Auction organiser has a right to debt recovery when the Auction participant does not comply with his obligations provided by the Rules while the Auction organiser provides the proper service - Auction participant wins the Auction organised by the Auction organiser.

5. Buyer's rights and duties

   1. The Buyer commits to purchase the Auction object if his bid is the final one and the offered amount was equal or higher than the Seller's price reserve. In case that the Auction object reserve price is not reached - after separate confirmation by the Seller.
   2. Before buying the vehicle, the Buyer has a right to check the Vehicle using the integrated vehicle history check system www.carvertical.lt if the Seller provided the VIN code of the vehicle.
   3. If the Vehicle does not match its description in the Website or the Buyer learns about substantial hidden defects only during the physical inspection of the vehicle, the Buyer can decline to purchase the Vehicle. In that case the Buyer has to receive a refund of the money to their virtual wallet. The Buyer must immediately (in 1 (one) working day since the fact occured at the latest) report such cases via email: [email protected]. Evidence about the defects has to be attached to the email (if that is not possible, there has to be an explanation why) and the refund of the success payment has to be requested. In case of reasonable Buyer's request, money is refunded back to their virtual wallet in 7 (seven) calendar days since the request was made. If no hidden defects were identified, the Buyer must purchase the Auction object. In breach of this obligation, the Buyer must pay the Auction organiser the amount equal to the success payment for forfeit.
   4. The Buyer commits not to revoke their price offer or not to lower the price offered for the Auction object in question.
   5. After winning the Auction, the Buyer commits to pay success payment to the Auction organiser using their virtual wallet funds in 2 (two) calendar days. The payment amounts are as follows:
      
      

      Auction object sale price (€)	Success payment amount (calculated as a percentage of Auction object sale price)
      0 – 1200	6%
      1201 – 2800	5.5%
      2801 – 5900	4.5%
      5901 - 14500	3.5%
      14501	2%

   6. The Buyer, after winning the Auction, commits to sign the Sale and Purchase agreement with the Auction object Seller in 7 (seven) calendar days and to pay the offered price which was confirmed in the Auction to the bank account provided by the Auction object Seller or by cash until the agreed deadline, and to collect the Auction object on time. In breach of this obligation, the Auction organiser has a right to deduct a forfeit fee of 20 (twenty five) EUR per day from the Buyer's virtual wallet for each calendar day of the breach and being late to: (i) sign the Sale and Purchase agreement with the Auction object Seller; or (ii) pay the Seller the Auction object price, confirmed in the Auction or (iii) collect the Auction object in 7 (seven) calendar days.
   7. In case the Buyer wins the Auction and renounces the winning in 7 (seven) calendar days after the end of the Auction, meaning that they do not purchase the Auction object according to the procedure of these Rules, the Auction is considered to be canceled, and the administration fee paid by the Buyer is not refunded.
   8. The Buyer commits not to change the Website by any means, not to use the Auction platform for performing fraudulent or any other illegal activities or transactions and commits not to pass their log in details and password to third parties and not to violate the rights and interests of third parties.
   9. The Buyer is responsible for the secrecy of their login details and the actions of other persons who used login details of the Buyer and confirms this by agreeing to the Rules.
   10. By using the Website the Buyer commits not to submit, send or distribute in any other way any data which contains computer viruses or which contains tracking / other harmful systems.
   11. The Buyer commits not to make payments, operations or other actions which impede, restrict or anyhow disturb the operation of the Website, user's programs, computers and means of communication.
   12. The Buyer is rectricted from distributing information and materials with their content being against legal acts, violating or having negative impact on the interests of third parties, being defamatory or insulting.
   13. The Buyer takes responsibility for all violations of these provisions and agrees that in case of violation of the Rules committed by the Buyer, the Auction organiser has a right to temporarily or indefinitely block (and later unblock) their access to the Website without any restrictions, means of application of legal protection and without providing reasoning for such actions.
   14. If the Buyer does not wish to further participate in auctions but there are some funds left in their virtual wallet, they may demand the Auction organiser to return those funds to the Buyer's bank account, by communicating this to the Auction organiser by email [email protected]. The Auction organiser must return the remainder of the funds in 7 (seven) calendar days at the latest.

6. Seller's rights and duties

   1. The seller placing the Auction object on the Website must comply with the requirements set by the Auctioneer regarding the submission of information and documents:
      1. The Seller undertakes to announce in the Auction real, verified and correct information about the Auction object he offers for sale, its defects (if any) and about himself and guarantees that the Auction object he offers for sale has all the documents required for the registration of the Auction object in the European Union.
      2. If the Auction object for sale was imported from a country outside the European Union, it must have passed all the necessary procedures and have all the documents suitable for registration in the territory of the European Union (for example, a Vehicle brought from the USA must have a technical inspection certificate, a license to operate the Vehile and a customs declaration).
      3. If the Auction object does not meet the conditions mentioned above in point 6.1, this must be noted in the description of the Auction object placed on the Website. After violating this obligation, the Seller undertakes to pay the Auction organiser 200 (two hundred) EUR in default within 7 (seven) days from the date of demand.
   2. The Seller guarantees that their offered Auction object in the Auction has no restrictions: is not pledged, arrested or transferred to third parties or anyhow burdened, as well as no disputes related to it are taking place in courts / arbitrary institutions / ad hoc arbitrary processes and they are not aware of any circumstances, that would prevent the Auction object that is being offered for sale by them to participate in the Auction.
   3. From the day when the Buyer / Auction winner contacts them about the purchase of the Auction object that has been won, The Seller commits to sign the Sale and Purchase agreement with the Buyer in 7 (seven) calendar days and after receiving the payment to transfer the Auction object to the Buyer / Auction winner. In case that the Seller does not transfer the Auction object to the Buyer in 7 (seven) calendar days, The Seller must pay 100 (one hundred) EUR forfeit fee by transferring it to the billing account of the Auction organiser, and providing the Auction object ID (Auction's identification number) in the payment purpose field.
   4. In case that hidden defects are found in the Auction object and thereby the agreement of Sale and Purchase between the Buyer and the Seller is not signed - the Seller must pay the Auction organiser 100 (one hundred) EUR forfeit fee in 7 (seven) calendar days since the request by Auction organiser is made and transfer it to the billing account of the Auction organiser, and provide the Auction object ID (Auction's identification number) in the payment purpose field.
   5. The Seller commits not to change the Website by any means, not to use the Auction platform for performing fraudulent or any other illegal activities or transactions and commits not to pass their login details and password to third parties and not to violate the rights and interests of third parties.
   6. The Seller is responsible for the secrecy of their login details and the actions of other persons who used login details of the Buyer and confirms this by agreeing to the Rules.
   7. By using the Website the Seller commits not to submit, send or distribute in any other way any data which contains computer viruses or which contain tracking / other harmful systems.
   8. The Seller commits not to make payments, operations or other actions which impede, restrict or anyhow disturb the operation of the Website, user's programs, computers and means of communication.
   9. The Seller is rectricted from distributing information and materials with their content being against legal acts, violating or having negative impact on the interests of third parties, being defamatory or insulting.
   10. The Seller takes responsibility for all violations of these provisions and agrees that in case of violation of the Rules committed by the Buyer, the Auction organiser has a right to temporarily or indefinitely block (and later unblock) their access to the Website without any restrictions, means of application of legal protection and without providing reasoning for such actions.
   11. The Seller cannot terminate the Auction procedure prior to its end.
   12. During the Auction, the Seller does not have a right to sell the Auction object. If after the Auction it turns out that the Auction object is already sold or otherwise transferred by, the Seller must pay 100 (one hundred) EUR forfeit fee to the Auction organiser by transferring it to the billing account and providing the Auction object ID (Auction's identification number) in the payment purpose field.

7. Responsibilities

   1. Claims about the defects / flaws of the Auction object cannot be made to the Auction organiser.
   2. Auction organiser does not influence the content of other websites, therefore the Auction organiser does not take responsibility for the links to other websites provided in the Website. This provision is applicable to all links and their content that is provided in the Website.
   3. The Buyer and / or the Seller is responsible for illegal, false, misleading or unlawful content that is submitted to the Website and releases the Auction organiser from any liability.
   4. By consenting to these Rules, the Buyer and/or the Seller must compensate the Auction organiser and one another their losses arising from the significant violation of the Rules, including but not limited to the agreement provisions not carried out on time.
   5. Auction organiser is not responsible for failure to carry out their agreement provisions due to the reasons not depending on their will, which cannot be foreseen or avoided, e.g. natural disasters (flood, fire, earthquake, pandemic viruses), social controversies (wars, revolutions, strikes) or entry into force of legal acts which complicate, restrict or prohibit the activities of the Auction organiser. The Auction organiser informs the Auction participant about the emergence of Force Majeure circumstances as soon as possible and discusses the terms of delay or termination of the agreement.

8. Private data protection

   1. Auction organiser commits to manage and use private data of the Auction participant only for the purposes of their proper operation. Private data usage for advertising purposes is only permitted when the person in question gives their consent in advance.
   2. The Auction organiser collects, stores and manages data based on the requirements of legal acts during the Auction organisation.
   3. By visiting the Website and accepting the cookies, Buyer's and Seller's computer's IP address is being registered in protocol, as well as date and time of the visit, type of the browser, computer software used and visited pages. This data can be technically transferred to Google Analytics, Facebook Analytics and other service providers performing similar analysis, if such functions are or were integrated in the Website.
   4. As provided by the Privary Policy, Auction organiser ensures that private data will not be passed to third parties and will be stored only until the purpose, for which the were provided for the Auction organiser according to the legal acts' terms, is accomplished, excluding the exceptions provided in the Rules.
   5. If there is a disagreement to storage of private data and such request is communicated, the Auction organiser initiates data deletion, correction or blocking based on the legislation.
   6. Auction organiser must provide the private data stored by them of the person who asks for that data.

9. Insurance auctions

   1. The Auction winner undertakes to purchase the Auction object in accordance with the information provided by the photos in the Auction, understanding that there may be hidden and invisible defects that the Seller and the Auction organiser could not have known about and which were not identified before the Auction, and this cannot be a reason for the Auction winner to refuse to purchase the Auction object or reduce the purchase price of the Auction object.
   2. The Seller’s decision regarding the sale of the Auction object marked with the sign "Insurance Auction" is announced within 20 (twenty) calendar days from the end of the Auction.

10. Final provisions

    1. All disputes, arising form the Rules, are being resolved by mutual negotiation based on honesty, intelligence and fairness principles. In case of failure to reach an agreement - in Lithuanian Republic court based on the location of Auction organisator's headquarters.
    2. The Rules and agreements made in accordance with them are followed and interpreted and all arising disputes are resolved based on legal acts of Lithuanian Republic.
    3. Notifications, alerts and announcements are sent via email addresses provided in the registration forms of the Buyer and/or the Seller.
    4. The Website content is prohibited from copying.
    5. Auction organiser remains the right to change these Rules by announcing that on the Website. In that case, it will be considered that the Auction participant and the Seller agrees to the new Rules and Privacy Policy.

Auction rules last modified on 2023-03-16