Terms and Conditions

GENERAL TERMS AND CONDITIONS

GOVERNING THE OPERATION OF THE AUCTION PORTAL

petap.sk

(hereinafter also as "GTC")


1    GENERAL PROVISIONS

1.1   Definitions

For the purposes of these general terms and conditions, the following conceptual definitions apply:

1.1.1    Current price – the price of the subject of sale offered within the proposal for concluding a purchase contract by the user who in the ongoing (unfinished) auction offered the highest purchase price so far among all users participating in the auction.

1.1.2    Auction - a public tender for the most suitable proposal for the conclusion of a purchase contract, the subject of which is to transfer ownership of items or sets of items offered for sale, announced and organized by the operator electronically on the auction portal under the conditions and according to the rules specified in these GTC. The auction is not an auction in the sense of Act no. 527/2002 Coll., On voluntary auctions, as amended.

1.1.3    Auction portal - an internet system with a website www.petap.sk (www.petap.eu, www.petap.pl, www.petap.cz, www.petap.hu), on which offers of things for sale are published, providing third parties persons the opportunity to inquire about these things by submitting proposals for the conclusion of a purchase contract and to buy them in the form of a public tender for the most suitable proposal for the conclusion of a purchase contract or in the form of direct purchase, the subject of which is the transfer of ownership of things offered for sale.

The aim of the auction portal is to ensure the sale of items of sale to interested parties at least for the purchase price determined by the operator for a thing or a set of things offered on the auction portal.

1.1.4    Auction offer - an offer of items for sale in the form of an auction published on the auction portal by the operator

1.1.5    Auction fee - a fee for services provided to the winning user by the operator, who is obliged to pay the winning user to the operator in the event of concluding a purchase contract after a successful auction. Each user is informed about the amount of the auction fee before each bidding occurs in one and the same auction. The auction fee will be charged to the winning user together with the purchase price for the subject of sale.

1.1.6    Automatic bidding - the user can use the service, where he states the highest purchase price that the user is willing to pay for the subject of sale in the auction, while activating the automatic bidding feature, the auction portal will bid on behalf of the user to other users in the given auction. auction an amount equal to the minimum bid, but up to the amount of the purchase price entered by the user at the beginning as the highest purchase price he is willing to pay for the subject of the sale.

1.1.7    Inquiry form - a natural or legal person who is interested in having the operator contact him in order to sell his subject of sale by auction, can contact the operator by filling out and sending an inquiry form located on the auction portal without the need for registration.

1.1.8    Purchase contract - a purchase contract concluded between the operator as a seller and the winning user as a buyer, the subject of which is the transfer of ownership of the subject of sale, concluded under other conditions agreed further in these GTC so that the operator accepts the user's proposal to conclude , performed by the user in the auction.

1.1.9    Minimum bidding - the amount of money intended for a given auction by the operator, at least by which the user can increase the purchase price offered to other users in the auction as part of his proposal to conclude a purchase contract for one and the same subject of sale within one and the same auction conducted earlier.

1.1.10    Unsuccessful auction - an auction during which none of the users offered a purchase price for the subject of sale in the amount of the reservation price.

1.1.11    Subject of sale - a thing or a set of things that are offered to the operator within the auction offer on the auction portal for sale in the form of an auction.

1.1.12    Operator - the operator of the auction portal, which on the basis of these GTC organizes all auctions on the auction portal and which is the trading company petap s. r. o., IČO: 53 113 144, with registered office: Lichardova 8508/34, 010 01 Žilina, registered in the Commercial Register of the District Court of Žilina, department: Sro, file no .: 74932 / L, e-mail: petap @ petap. sk tel. No .: 0940/504 444

1.1.13    Bid - a monetary amount representing the difference between the purchase price offered by the user in his proposal to conclude a purchase contract for one and the same subject of sale in one and the same auction earlier and the purchase price offered by the user in the auction in his proposal to conclude a purchase contract for one and the same subject of sale in one and the same auction later, while the purchase price offered later must always be higher than the purchase price offered earlier, at least by the amount determined for the given auction by the operator, that is at least by the minimum bid.

1.1.14    Registration - a process in which the user electronically provides the operator with predetermined data about the user, and also meets other conditions for registration specified in these GTC (for example, pay the security), based on which the operator creates a unique user account and allows the user to use functions of the auction portal defined for registered users (in particular, it has the possibility to participate in the auction, submit proposals in the auction, conclude purchase contracts, etc.).

1.1.15    Reservation price - the price of the subject of sale agreed between the operator and the owner of the subject of sale as the lowest possible purchase price at which the subject of sale can be sold.

1.1.16    Starting price - the price of the subject of sale determined for the given auction by the operator, to which the user can increase any multiple of the minimum bid, but at least in the amount of the minimum bid, whereby the user makes the first proposal to conclude a purchase contract. The user, as a participant in the auction, who offers a purchase price for the subject of sale in the amount of the starting price increased by at least the amount of the minimum bid, makes a proposal for concluding a purchase contract. The starting price increased by at least the amount of the minimum bid may be offered within the scope of its proposal for the conclusion of the purchase contract only by the user who executes the proposal for the conclusion of the purchase contract as the first of all users participating in the auction; the starting price together with the increased amount according to the decision of the first user becomes his current price as well as his proposal. Any other user who makes a proposal to conclude a purchase contract must offer a purchase price higher by at least the amount of the minimum bid.

1.1.17    Successful auction - an auction during which one of the users offered a purchase price for the subject of sale at least in the amount of the reservation price, while his offered purchase price for the subject of sale was the highest of all bids made in the auction by other users.

1.1.18    User - any third party using the auction portal, as well as the person using the auction portal who, after fulfilling the conditions for registration specified in these GTC and making a valid registration on the auction portal, becomes a registered user of the auction portal.

1.1.19    GTC - general business conditions of the auction portal.

1.1.20    The winning user - the user who is in the ongoing auction, i.e. during its duration, when the participant executed a proposal for the conclusion of a purchase contract, in which he offered the highest purchase price for the subject of the sale that was the subject of the auction, and at the same time the highest purchase price offered booking price. The Operator has the right not to enter into a purchase contract with the winning user for the subject of sale if the winning user has not been offered a purchase price within the auction, reaching the amount of the reservation price.

1.1.21    Financial security – deposit -  an individual person or legal entity who is interested in using the services of the auction portal and at the same time meets any of the following conditions is obliged to pay a cash security deposit to the operator's account on the basis of a request from the operator containing all payment details, whereas

a)     in the case of an individual person who has a permanent residence address in a country which is a member of the European Union, the amount of the financial security is €200;

b)     in the case of an individual person who has a permanent residence address in a country which is not a member of the European Union, the amount of the financial security is €500;

c)    in the case of a legal entity or an individual person - entrepreneur and who has the address of its registered office or place of business in a country which is not a member of the European Union, the amount of the financial security is €500;

d)    in the case of a legal entity or an individual person - entrepreneur, which is kept in the list of debtors by one of the state institutions (tax office, social insurance company, health insurance company), the amount of financial security is €500;

e)    in the case of a legal entity or an individual person - entrepreneur who has violated these GTC in the past and is again interested in participating in an auction, the amount of financial security is €500.

In the event that the person does not pay the operator a financial security deposit in accordance with this point of these GTC, his registration validation will not be performed and he will not be able to use the services of the auction portal. The Operator shall return the security paid to the User by transfer to the User's Bank Account within 15 working days from the day when the User's request for cancellation of the User Account will be electronically delivered to the Operator. The Operator is entitled, if he is entitled to the payment of a contractual penalty in accordance with these GTC, to unilaterally set off the user's security against his right to payment of a contractual penalty in the amount in which they cover each other when they meet. In this case, he is obliged to pay the security within 7 days at the latest so that it is in the full amount agreed in this point of these GTC. In the event that the user does not fulfill this obligation and the security is not paid in full by the operator, the operator is entitled to cancel the user's account on the auction portal and return the remaining part of the unused security to the user.

1.1.22    Price increase - in the ongoing auction the user's proposal for the conclusion of a purchase contract, the subject of which is to transfer ownership of the items of sale offered in the auction for sale, which the user offers for one and the same item of sale in one and the same auction, purchase a price that is at least higher than the purchase price offered by any other user in the same auction earlier.


1.2   Subject matter of the GTC, choice of law and Contract

1.2.1    These GTC regulate the conditions and rules of use of the auction portal by users, in particular the conditions of registration of users of the auction portal, the course of auctions, the procedure for direct sales and concluding purchase contracts as well as related relations concerning the operation of the auction portal. The statements and conditions of the operator, which are and / or will be listed on the website of the auction portal together with these GTC form an Agreement governing the legal relations of the operator with the user when using the auction portal by the user and providing the auction portal services to the user (hereinafter referred to as the "Service Agreement").

1.2.2    Rights and obligations between the operator and the user not regulated by the Contract for the provision of services (including the GTC) are governed in the case of the user - non-entrepreneur by the relevant provisions of Act no. 40/1964 Coll. - of the Civil Code as amended and in the case of the user - entrepreneur by the relevant provisions of Act no. 513/1991 Coll. - Commercial Code as amended.


1.3   Operator, reservation of rights and liability

1.3.1    The Operator declares that he is not the owner of the items of sale and is based on the authorization granted to him by the owners of items of sale due to a special contractual relationship with the owners of items of sale, entitled to offer items for sale on the auction portal within the auction offer, proposals for concluding a purchase contract and to exercise all other authorizations arising from the operator from these GTC.

1.3.2    The auction portal, such as the Internet system and its website as a website, computer programs ensuring the operation of the auction portal with all its parts and components, including databases, product catalogs, technical and other specifications, photographs, graphics, design and functional solution are the copyright of the operator , with regard to which all rights are exercised exclusively by the operator and whose use, in particular the use pursuant to § 18 par. 2) Act. no. 618/2003 Coll. - The Copyright Act is subject to the prior consent of the operator.

1.3.3    Operator on the auction portal in particular

a)    ensures the functionality of the auction portal, including the functionality of the website, its updating, etc.,

b)    publishes auction bids with the indication of technical and other specifications of items of sale, or with their photo documentation and other available documents,

c)    decides on the inspection of the subject of sale, publishes the date, time and place of their conduct on the auction portal within the auction offer and accepts binding user applications for these inspections,

d)    organizes and manages auctions, especially during their establishment, closing and evaluation,

e)    concludes purchase contracts with a user who offers in the auction the highest purchase price of all users participating in the auction for the subject of sale, which also reaches the amount of the reservation price (hereinafter referred to as the "winning user")

f)    invoices the purchase price for the subject of sale to the winning bidder, receives payment of the purchase price from the winning bidder,

g)    after paying the purchase price for the subject of sale, hand over the subject of sale to the winning user or hand over the subject of sale for transport to the winning user, depending on the method of handing over the subject of sale agreed with the winning user after the proposal to conclude the purchase contract.

1.3.4    When organizing the auction, the operator as the only authorized person

a)    establishes an auction

b)    determines the items of sale included in the auction offer in a specific auction

c)    determines the starting price of the subject of sale in the auction

d)    determines the reservation price of the subject of sale in the auction

e)    determines the closing date of the auction

f)    accepts and rejects user proposals for concluding a purchase contract in the auction.

1.3.5    The operator is entitled without prior notice and without giving a reason:

a)    allow the user as well as deny participation in an individual inspection (exceeding the capacity of the premises, etc.),

b)    extend or shorten the deadline for the end of the auction by specifying a different closing date for the auction

c)    close the auction before the original end date

d)    add the item of sale to the auction bid and to the auction, even during an ongoing auction

e)    cancel user account

f)    prevent any third party from accessing the auction portal (especially in the event of a breach of these GTC, generally binding legal regulations, good morals, etc.)

g)    allow only operators selected by the operator to participate in a particular auction

h)    prevent the user from participating in the auction

1.3.6    The operator is not liable for damages resulting from:

a)    technical failures of the Internet and connection to it,

b)    Errors in synchronizing real time with the time of auctions, bids or other user proposals

c)    technical or functional failures of the website server or any components of the website in question (delays, exclusions),

d)    unauthorized access or intervention of third parties on the pages of the auction portal, the user's user account or the course of the auction,

e)    extraordinary, unpredictable, unavoidable and unintentional event, or a natural event, the so-called force majeure.


2    USER REGISTRATION, RIGHTS AND OBLIGATIONS OF USERS

2.1   General rights and obligations of the user of the auction portal and liability

Each user of the auction portal uses the auction portal at his own risk and responsibility; the operator is not responsible to any user for the result of using the auction portal and all services provided through it; the user has no legal right to use the auction portal, nor to register, nor to conclude a purchase contract; the operator is not liable for damage that may be caused to the user by using the auction portal or damage caused by malfunction, limitation of functionality, availability, flow of services provided through the auction portal or related services provided by the operator or any other technical or similar deficiencies capable of negatively affecting services provided through the auction portal or related services provided by the operator, whereby

2.1.1    each user of the auction portal is obliged to comply with the rules defined by these GTC, while he is obliged in particular:

a)    register for the purpose of using the services provided by the auction portal, in particular for the purpose of participating in the auction,

b)    not to interfere in any way with the technical solution of the site,

c)    not to use any software, scripts or similar tools and measures capable of disrupting the functionality or fluidity of the auction portal or otherwise disrupting the functioning of the auction portal,

d)    not to interfere in any way with the copyright of the operator defined in point 1.3.4, in particular by creating a copy of any component of the auction portal website, its public display, inclusion in a collective work (eg use on another website), etc.

2.1.2    After fulfilling the conditions specified in these GTC, the user is entitled:

a)    to take part in the inspection of items of sale in respect of which the operator organizes the inspection,

b)    participate in the auction, make proposals for the conclusion of a contract in the auction, either by bidding or a proposal for direct purchase, if the operator is allowed to purchase directly in the auction in question.

c)    for performances resulting from the concluded purchase contract, in the case of acceptance of the user's proposal for its conclusion by the operator.

2.1.3    The services of the auction portal are provided to the operator free of charge, with the exception of the obligation of the winning user to pay the operator an auction fee in accordance with clause 1.1.19 of these GBTC; this does not affect the operator's claims arising from a breach of the terms of the purchase contract concluded between the operator as the seller and the winning user, who won the auction, as the buyer, especially in case of non-payment of the purchase price for the subject of sale.


2.2    Rights and obligations of the user during registration

2.2.1    Every user who is interested in participating in the auction, performing all activities within it and using other services provided within the auction portal (additional information on the subject of sale, etc.) is obliged to register with the operator by filling out the registration form and sending it to the operator, choosing either

A/ Registration form for entrepreneurs - if the user is an entrepreneur (individual person and legal entity, ie especially sole proprietors, commercial companies, cooperatives, etc. defined in § 2 par. 2) Act. no. 513/1991 Coll. – Commercial Code as amended), in which case the user is obliged to provide the operator with the following information in the form of a completed form:

a)    country in which the user is established (EU, non-EU)

b)    business name

c)    registered office or place of business

d)    Name and surname of the contact person

e)    official organization identification number

f)    identification number VAT/ VAT ID, if it is a VAT payer

g)    e-mail; the user is obliged to use an e-mail within the registration which is not yet used by another, previously registered user

h)    telephone number in international format

i)    required username

j)    required user password

k)    statement of acquaintance and consent to these GTC

or

B/ Registration form for non - entrepreneurs – in case the user is a non-entrepreneur, i.e. a person who is not defined in clause 2.11 of these GTC, in which case the user is obliged to provide the operator with the following data in the form of a completed form:

a)    the country in which the user has a permanent address

b)    name and surname

c)    residence

d)    ID card number/ ID number or passport number

e)    e-mail; the user is obliged to use an e-mail within the registration which is not yet used by another, previously registered user

f)    required username

g)    required user password

h)    telephone number in international format

i)    affidavit of age of the user (over 18 years)

j)    consent to the processing of personal data

k)    statement of acquaintance and consent to these GTC

Appropriate consents are granted by the user by selecting the appropriate fields of the registration form.

2.2.2    A registered user can only be:

-    legal entity according to § 18 of Act no. no. 40/1964 Coll. – Civil Code as amended

or

-    individual person older than 18 years.

The user is obliged for the purpose of registration:

a)    fill in the registration form A / or B /, which is located on the website of the auction portal with true and complete data and

b)    send a duly completed registration form to the operator; before sending, the user is obliged to fill in the generated password (CAPTCHA)

c)    pay the security in the case of a user according to clause 1.1.6 of these GTC.

2.2.3    Sending a duly completed form is considered as an application for registration addressed to the operator, on the basis of which the operator decides without undue delay after receiving it to open a user account for the user. In the event that the operator establishes and activates a user account on the basis of data provided by the user, he shall notify the user of this fact to the user's e-mail address. Registration is free. The user is aware that after his registration it is possible to change the data provided to the operator in form A) or B) only on the basis of a request sent to the operator, while the operator must approve the change of user data.

2.2.4    After the user account has been activated in accordance with point 2.2.3 of these GTC, the user will be able to log in to his user account using his username and password in the login form, manage his account and use it to participate in auctions and other services. provided by the operator within the auction portal. By logging in to his user account, the user gains access to information about his data provided to the operator during registration, information from the operator's newsletter, an overview of invoices that the user as the winning user acquired by the purchase contract, an overview of auctions in which the user participated.


2.3   Rights and obligations of the user when inspecting the subject of sale

2.3.1    Inspections of items of sale are organized by the operator at its discretion, and not every item of sale can be inspected. In the event that the operator organizes an inspection of the subject of the transfer, it informs the logged-in user about this in more detailed information about the subject of sale. The operator also informs the user about the possibilities by which the user can register with the operator to participate in the inspection.

2.3.2    Only a registered user or a representative authorized by him may take part in the inspection of the subject of sale.


3    AUCTION - BINDING PRINCIPLES FOR CONDUCTING THE AUCTION AND THE PURCHASE CONTRACT

3.1    After the publication of the auction offer on the auction portal, the operator shall determine the parameters of the auction, which are, in particular, the following binding conditions of the auction determined by the operator:

1.1.a)    the duration of the auction determined by the start and end dates,

1.1.b)    the definition of the basic parameters of the items of sale in respect of which the auction is carried out with the determination of their starting price,

1.1.c)    the amount of the minimum bid,

1.1.d)    the amount of the auction fee,

1.1.e)    information on whether value added tax will be charged on the purchase price for the subject of sale and in what amount

1.1.f)    any export and / or import restrictions that apply to the subject matter of the sale,

1.1.g)    the possibility of using additional services provided by the operator.

3.2    The establishment of an auction, which means the determination of the conditions of the auction and its opening by the operator is a call for proposals for the conclusion of a purchase contract by which the operator announces a commercial public tender with the conditions defined by these GTC and any other conditions listed on the auction portal website, with the fact that

1.1.a)    the term of the competition is the term of the auction determined by the date of commencement and the date of its end,

1.1.b)    they can participate in the auction, i. Only registered users of the auction portal who become participants in the auction by bidding have the right to submit proposals in the auction,

1.1.c)    after entering the auction, the user can make a proposal to conclude a purchase contract by clicking on the appropriate link; the user's proposal is binding and cannot be revoked, but in the event that the user makes another proposal (by bidding) in the same auction for the same subject of sale, only the last of such proposals made by one user is valid,

1.1.d)    in the event that a bid or automatic bid is submitted in the auction, which becomes the winner, i.e. proposal of the user with the offered purchase price, which will be the highest of all purchase prices offered in the proposals of other users who participated in the auction, and at the same time the reservation price was reached, the auction is considered successful with all other users participating in the auction participants are considered unsuccessful. In order to conclude a purchase contract with the winning user, the acceptance of the winning user's proposal for concluding a purchase contract by the operator is required. The Operator has the right not to accept the proposal to conclude the purchase contract of the winning user in a successful auction for reasons on the part of the owner of the sale of the sale; the operator may accept the proposal by sending an acceptance of the proposal in accordance with the following letter of this point,

1.1.e)    the purchase contract, the subject of which is the transfer of ownership of the subject of sale, is concluded at the moment of acceptance of the winning user's proposal made in the auction by the operator by delivering the acceptance of the proposal to conclude the purchase contract to the winning user to the user's e-mail address; together with this notification, the operator shall send the winning user an advance invoice for the purchase price in the amount according to the winning user's proposal, with a due date of at least 7 days from the invoice date and payment details for payment and indicating the place where the winning user can take over. subject of sale after payment of the purchase price.

1.1.f)    the operator reserves the right not to accept any of the proposals for the conclusion of the contract made by the users in the auction

1.1.g)    the Operator reserves the right to change and / or supplement any conditions of the commercial public tender stated in the Contract for the provision of services as well as in these GTC, as well as the right to cancel the tender at any time.


3.3   Purchase contract and contractual penalty

In addition to the above-mentioned contractual arrangements of the purchase contract, the following contractual arrangements apply between the contracting parties to the purchase contract, ie the operator and the winning user:

Contracting parties and the subject of the contract

1.1.a)    The contracting parties to the purchase contract are the operator and the winning user.

1.1.b)    The subject of the sale is the subject of sale in respect of which the user has submitted a proposal for the conclusion of a purchase contract in an auction in which the user has become the winning user.

1.1.c)    The subject of the contract is the transfer of ownership of the subject of sale to the winning user for consideration.

Purchase price and its maturity

a)    The purchase price for the subject of sale is the purchase price offered in the auction in question to the winning user.

b)    The winning price must be paid by the winning user within the due date specified by the operator in the advance invoice delivered to the user by the operator together with the notification of acceptance of the user's proposal by the operator; the maturity of the purchase price from this invoice is seven (7) days; the delay of the winning user with the payment of the purchase price by more than seven (7) days after the due date is considered a breach of the user's obligation under these GTC, and this breach gives the operator the right to a contractual penalty expressed as a percentage of the purchase price, which depends from the amount of the starting purchase price, and which is specified in more detail in Annex no. 1 of these GTC. The contractual penalty is payable no later than 7 days from the right of the operator to a contractual penalty and at the same time the operator has the right to withdraw from the purchase contract; the operator's right to a contractual penalty and damages are not affected by the operator's withdrawal from the purchase contract; withdrawal is effectively delivered to the e-mail address of the winning user; in the event of withdrawal from the contract, the purchase contract is canceled from the beginning and the operator is entitled to start a new auction with regard to the subject of sale. After paying the full purchase price, the operator will send the winning user a proper invoice for the purchase price.

c)    If the subject of the sale is a motor vehicle and the winning user is a person who has a permanent residence, place of business or registered office outside the Member States of the European Union or is a person who intends to export a motor vehicle outside the Slovak Republic, the winning user is in addition to the purchase price, he is obliged to pay the operator a deposit equal to VAT on the purchase price for the subject of sale, which will be charged at the same time as the purchase price for the subject of transfer and returned to the winning user no later than 5 working days after the winning user submits the form "acknowledgment of receipt of goods by the customer" signed by the operator and, in the case of the export of a motor vehicle outside the territory of the European Union, also a copy of the customs registration document. The delay of the winning user with the payment of the deposit by more than seven (7) days after the due date is considered a breach of the user's obligation under these GTC, and this breach gives the operator the right to withdraw from the purchase contract. The winning user is obliged to export the motor vehicle outside the territory of the Slovak Republic no later than 30 days from the date of taking over the motor vehicle, and if the winning user fails to fulfill his obligation to export the motor vehicle within this period, the operator is entitled to a contractual penalty equal to VAT on the purchase price for the subject of sale, which the operator is entitled to set off against the deposit paid and which the operator will use to pay VAT.


Handing over and taking over the object of sale, transport costs and responsibility for transport

a)    The winning user is obliged to take over the subject of sale from the place specified by the operator in the acceptance of the proposal for concluding the purchase contract or to ensure its transport from the operator no later than 7 days from the date of payment of the purchase price. In the event that the user is in delay with taking over the subject of sale, he is obliged to pay the operator a contractual penalty of 0.03% of the purchase price for the subject of sale, for each and every day of delay, but at least EUR 3.50 for each day of delay and up to a maximum of EUR 15 for each day of delay. In the event that the user is in delay with the takeover of the object of sale, the operator shall ensure the storage of uncollected objects of sale at the expense of the winning user, for a maximum period of one month. The operator has the right to the winning user to reimburse the costs associated with the storage of the object of sale. After a period of one month and after a futile invitation to take over the object of sale, the operator is entitled and the winning user expressly authorizes the operator to sell the object of sale, the proceeds of this sale after deducting storage costs will be paid to the winning user to the bank account specified by the winning user. non-fulfillment of the obligation to take over the object of sale is also considered to be the refusal to take over the object of sale from the carrier.

b)    The transport of the subject of sale to the winning user after payment of the purchase price will, if the user has chosen this form of taking over the subject of sale in the auction, provided by the carrier on the basis of a special contractual relationship concluded for this purpose between the winning user and a third party. The costs of transport and delivery of the object of sale to the winning user shall be borne in full by the winning user. The seller is not responsible for delayed delivery of the ordered goods, damage to the shipment or non-delivery of the object of sale to the winning user, which occurred during transport. At the request of the winning user, the Seller undertakes to provide the third party providing the transport of the object of transfer to the winning user with the cooperation necessary for handing over the object of sale for transport (loading). Loading of special machines and goods that requires increased costs will be charged on the basis of an agreement between the operator and the winning user, or between a third party providing transportation and the winning user.

c)    The seller undertakes to hand over to the winning user, resp. hand over to the winning user for transport the correct type and quantity of items of sale according to the user's winning proposal for the conclusion of the purchase contract, adequately pack the items of sale, if required by the nature of the item of sale.

d)    The object of sale is transferred by the operator to the winning user and the winning user acquires the object of sale in the state in which it stands and lies, the winning user does not exchange any property of the object of sale and the operator does not declare any property of the object of sale. with the condition, functionality, wear and defects of the subject of sale through detailed information and photo documentation published on the auction portal, or on a personal inspection of the subject of sale, if organized, expressing consent to the condition of the subject of sale and takes over the subject of sale.


Transfer of ownership

a)    Ownership and risk of damage to the subject of sale pass to the winning user, as the buyer, on the day the subject of sale is handed over to the winning user in person or on the day the subject of sale is handed over to a third party - the carrier for transport.

b)    If the subject of the sale is a motor vehicle, the owner of the subject of sale will, at his own expense, check out the owner of the motor vehicle in the district in which the motor vehicle was registered. The winning user is aware of the fact that the motor vehicle owner's deregistration requires his cooperation, which he undertakes to provide to the owner of the object of sale by granting a written authorization to the owner of the motor vehicle to make the motor vehicle owner's deregistration. The power of attorney will be sent to the winning user together with the advance invoice for the purchase price. The operator undertakes to send the winning user a deregistered technical license from the motor vehicle by post no later than 3 weeks from the date of payment of the full purchase price for the subject of sale. The winning user is aware that he is obliged, at his own expense, to register a new motor vehicle holder at the relevant workplace of the Police Force at the latest at the relevant workplace of the Police Force at the latest within 30 days from the date of deregistration.

c)    If the subject of the sale is a motor vehicle and the winning user intends to export the motor vehicle outside the territory of the Slovak Republic, he is obliged to do so within at least 30 days from the date of taking over the motor vehicle.


Additional operator services for the winning user

a)     The Operator will also inform each winning user by e-mail about the possibility of using paid additional services provided by the Operator to the winning user related to the acquisition of the subject of sale, namely:

- ensuring the transcription and registration of the motor vehicle to the winning user at the relevant traffic inspectorate

- intermediation of motor vehicle insurance

- arranging the financing of a motor vehicle

- ensuring the transport of the subject of sale

-    valuation of motor vehicles and verification of the origin of motor vehicles (assessment of the condition of the motor vehicle, control of originality, technical specifications of the motor vehicle).


3.4    Complaints procedure - the procedure for claiming liability for defects in the subject of sale

3.4.1    The user understands that the items of sale can also be used items. The operator is not the owner of the items of sale. The operator informs the user of all defects of the subject of sale that are known to him, i. with those defects with which the owner of the object of sale informed him.

3.4.2    If the subject of sale is marked with the "petap check" symbol, the operator performed a personal inspection of the subject of sale, and thus the operator had the opportunity to become acquainted with the condition of the subject of sale and its obvious defects, which he could inform the user.

3.4.3    If the object of sale is a used item, the operator is not liable for defects caused by its use or wear. If the subject of sale is marked as "mobile – no/roadworthy - no", the operator does not in any way declare that the subject of sale is capable of operation on roads and the subject of sale is not subject to any liability for defects of the subject of sale.

3.4.4    If no guarantee is provided for the items for sale directly by their manufacturers, the operator does not provide any guarantee for the items for sale.

3.4.5    Defects found during the takeover of the items of sale, ie during the takeover during personal collection by the user or during the takeover from the carrier, with which the user was not acquainted before the auction, the user is entitled to complain without undue delay after taking over the subject of sale, by sending a duly completed complaint form, which is published on the website of the auction portal electronically to e-mail: [email protected] or in writing to the address of the company's registered office. The operator is entitled to refuse to process the complaint if the complaint form is not properly and completely filled in, instructing the user on the shortcomings of filling in the form.

3.4.6    In the case of transport provided by the carrier, the winning user is obliged, especially with regard to damage to the packaging of the object of sale during transport, to follow the contractual arrangements, business conditions and complaint rules of the carrier.

3.4.7    The operator shall decide on the complaint no later than thirty days from the date of proper complaint, while at this time also notifying the user of the method of handling the complaint by e-mail, either by notifying that the complaint is justified or that it rejects the complaint together with the reasons for rejection. complaints. The operator bears the costs of the complaint by the user, who is an entrepreneur exclusively in the case of a justified complaint.

3.4.8    In the case of a justified complaint, the operator will process the complaint in the manner specified by the user in the complaint form, ie in one of the following ways:

-    by providing a discount on the purchase price

-    ensuring the elimination of the defect

-    by refunding the purchase price to the user's bank account.


4    FINAL PROVISIONS

4.1    These GTC are effective from 01.12.2020

4.2    The Operator is entitled to change and / or supplement these GBTC even without the consent or notice of users, while the changes are effective by publishing the updated version of the GTC on the website of the auction portal.

4.3    Legal relations established at the time of the effectiveness of the earlier version of the GTC are governed by this earlier version, unless the newer version indicates otherwise.


In Žilina on  01.12.2020


Date of last update 13.05.2022

Complaint form:

reklamacny-formular-petap-AN.pdf

Attachment for terms and conditions:

VOP - priloha č.1 AN.pdf

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