Public offer agreement
STANDARD FORM SERVICE CONTRACT
Deltaplus, Roman Lipkin
Adress: ingeborg-bachmann-weg 10
IBAN: DE78 4016 4528 0039 2286 00
Volksbank Luedinghausen-Olfen eG Wilhelmstraße 6,
This Standard Form Contract (hereinafter referred to as the "Contract") defines the general terms and conditions (according to §305 of paragraph 2 of the Civil Code of Germany) and the procedure for providing services by the Deltaplus http://bidcar.eu website to support car purchase and sale transactions at auctions (the "Services") for legal entities or individuals (hereinafter referred to as the "Buyer").
§ 1. Scope
1.1. The Seller is Germany DELTAPLUS ROMAN LIPKIN
UMST-ID (VAT-ID): DE209898725,
Party to the contract Buyer: a consumer (an individual who enters into a legal transaction without commercial benefit according to §13 of the Civil Code of Germany) or a legal entity (an entrepreneur in accordance with §14 of the Civil Code of Germany) who has accepted these terms and registered at the DELTAPLUS website http://bidcar.eu.
1.2 DELTAPLUS shall act solely as an intermediary between the vehicle supplier and the buyer who wants to purchase the vehicle on the http://bidcar.eu website.
1.3. The DELTAPLUS service is offered to the buyer unconditionally accepting the terms of the public offer, by accepting it through registering (creating an account) on the DELTAPLUS website http://bidcar.eu
1.4. The http://bidcar.eu website and DELTAPLUS services are only for the Commerce – Consumer model.
1.5. If the buyer is an individual, then by adopting these General Terms and Conditions he/she declares that he/she is a consumer in accordance with §13 of the Civil Code of Germany.
If the buyer is an entrepreneur, by accepting these General Terms and Conditions he/she confirms that he/she is an entrepreneur in accordance with §14 of the Civil Code of Germany.
1.6. For all contracts concluded or to be concluded with DELTAPLUS, only these terms and conditions apply. DELTAPLUS does not recognize the terms of the buyer that do not comply with these General Terms and Conditions. The buyer’s conditions are also not part of the contract, if DELTAPLUS does not directly agree with them.
1.7. By offering its bid, the buyer agrees with the exclusive effect of these General Terms and Conditions, the Contract and all attachment hereto.
1.8. The buyer is aware that he/she is not entitled to withdraw his bid.
§ 2. Definitions
In these General Terms and Conditions, the terms used have the following meanings:
- Supplier – leasing companies and other companies whose vehicles are published on the website http://bidcar.eu.
- Website – DELTAPLUS website, where the buyer can offer his price for the vehicles that are represented at www.bidcar.eu and other addresses through which DELTAPLUS can provide information to the buyer on a regular basis.
- Auction fee – administrative costs incurred by the buyer for each vehicle purchased on the website.
- Regional fee – administrative and logistic fee paid by the buyer for each vehicle purchased on the website, depending on whether the vehicle is being offered for sale or where the place of transaction is located.
- Buyer – an individual or a legal entity registered at the website through the DELTAPLUS registration form and participating in a vehicle purchase transaction.
- Electronic invoice – an invoice drawn up and sent by DELTAPLUS in electronic format.
- Hot Bid stage – extension of the auction taking into account the activity of the participants.
Deposit – a certain amount of money that one party to the contract transfers to the other party to the same contract as evidence of the conclusion of the contract, to the account of the performance of its obligations and to ensure the fulfillment of obligations under this treaty. In virtue of one of its functions, the deposit relates to collateral of obligations.
In all cases, the condition for the transfer of the deposit must fully identify the money paid as a deposit exactly as a deposit, that is, the amounts transferred to the account of performance of the obligation under the contract, as a sign of concluding this agreement and securing the fulfilment of obligations thereunder. If the amounts transferred in this way cannot be qualified, then they are considered to be an advance payment.
§ 3. Conclusion of the Contract
3.1 The Contract, taking into account these General Terms and Conditions between the Buyer and the Seller, shall be considered concluded when the buyer has registered in accordance with §4 of the General Terms and Conditions and received confirmation by the Seller by e-mail in accordance with the registration.
3.2. The contract, subject to these General Terms and Conditions between the Seller and the Buyer, shall be deemed to be concluded when the buyer, in accordance with § 6 of the General Terms and Conditions, has performed the purchase of the vehicle.
3.3. DELTAPLUS price lists valid at the time of the transaction are valid for contracts.
§ 4. Registration
4.1. The Buyer may use the website in accordance with §5 after completing the registration form with the latest data provided by DELTAPLUS after submitting the documents in accordance with the registration rules and after confirming that he agrees to accept these General Terms and Conditions as part of the contract and then after a separate confirmation of registration.
4.2. A person who fills out the registration form on behalf of the buyer and submits the documents in accordance with the registration rules and confirms the adoption of the General Terms and Conditions should ensure that there are appropriate authorities for legal action on behalf of the buyer.
4.3. The buyer guarantees that his data and documents are true and complete. The Buyer shall immediately notify the Seller of any changes in the registration data entered in the form or in the documents presented at registration.
4.4. The buyer is aware that the Seller is not obliged to verify the accuracy of the data or documents of the Buyer.
4.5. The seller has the right to additionally require from buyers outside the territory of the Federal Republic of Germany to provide a certified translation into German of the documents specified in §4.1.
4.6. Buyers with the address in the EU country outside the Federal Republic of Germany should additionally provide a valid taxpayer identification number.
4.7. The seller has the right at any time (before and after confirmation of registration of the buyer) to verify the accuracy and completeness of information presented in the registration form and in documents provided by the buyer in accordance with the provisions specified in §4.2.
4.8 If the information is found to be incomplete and unreliable or the documents presented are invalid, the Seller has the right to:
- deny registration. In this case, the Seller is not obliged to disclose the reasons for the denial of registration and, at its discretion, may enable the registered party to specify the details and provide valid documents,
- temporarily or permanently prohibit the user from entering the system.
Other legal rights of the Seller remain in force.
4.9. Provided that the buyer’s registration was accepted by the Seller, the Buyer shall receive an appropriate confirmation, make a financial guarantee (pledge) for the Seller's deposit and, from that moment, can use the website in accordance with §4.1.
4.10. The Seller reserves the right to cancel the registration of the Buyer without giving reasons, and also to prohibit the buyer and other users on his behalf from entering the system on a permanent or temporary basis. The seller in this case shall not be liable for any losses incurred in this case by the buyer.
4.11. The buyer is warned that the cost of services, auction and regional fees may vary, and agrees with that.
4.12. The buyer undertakes to verify all payment amounts.
§ 5. General provisions
5.1. The buyer is aware and confirms by accepting the General Terms and Conditions of the Contract that he is responsible for the actions and errors of the users who use the website on behalf of the buyer or through his login (hereinafter referred to as the “User”).
The Buyer undertakes to provide each user with a copy of these General Terms and Conditions, to comply with the provisions of these General Terms and Conditions and to ensure their implementation by other users.
All bids offered by users of the buyer’s account shall be considered the buyer’s bids.
5.2. The Buyer guarantees that he shall use the website with an awareness of his responsibility, in accordance with the provisions of these General Terms and Conditions, only in the framework of his legitimate interests and not at the expense of the interests of third parties.
5.3. The Buyer and users are prohibited from making any changes to the website.
5.4. The Buyer undertakes to refrain from the following actions when using the website:
- download, send or otherwise distribute data with computer virus, tracking software and other malicious programs;
- make payments, transactions and other deals that cancel, restrict or otherwise interfere with the operation and functioning of the website or programs, computers and communication equipment of the user;
- disseminate information and materials with defamatory and inconsistent content that violates, jeopardizes the rights of the Seller and third parties;
- make requests without having the right to do so.
5.5. The Buyer shall be liable and exempts the Seller from liability in the event that the Seller incurs losses resulting from the violation of the provisions of §5 of these General Terms and Conditions by the buyer.
5.6. The Buyer agrees that in the event that he violates these General Terms and Conditions of the General Provisions of this Contract, the Seller shall reserve the right, in accordance with these General Terms and Conditions of the General Provisions of the Agreement, with the legal and other legislative acts, without limiting other rights and legal remedy, and also without giving reasons, temporarily or permanently block access for the buyer and his users. The seller, however, has the right to unblock access for the buyer and its users at his discretion without explanation.
5.7. The Seller undertakes:
- to provide potential buyers with an expert opinion on the vehicle, available for download;
- to publish a complete and accurate description, specification, technical data of the actual condition, a description of the malfunctions and clear photos of the vehicle;
- not to upload images or descriptions that contain advertisement, links to other websites, or may violate the interests of the third parties.
§6. Sale procedure
6.1. The Buyer and the Seller shall conclude a binding agreement on pledge within the framework of the concluded contract. The Agreement regulates the obligation incurred by the Purchaser in subsequent payments, including regional and auction fees, shipping costs and mandatory fees.
6.2. The decision to accept the offer shall be communicated by sending a notice to the buyer on the website and/or by e-mail.
6.3. Within one working day after receiving the notice specified in §6.2, the buyer should fill out the order form indicating the place of delivery of the purchased vehicle. By accepting the General Terms and Conditions, the buyer declares that he agrees that the provision of the order form for the performance of the contract is mandatory. Prior to the customer’s filling out the order form contains the following details which can no longer be changed:
- the amount of purchase (the highest bid),
- auction and regional fees,
- the cost of shipping and other costs,
- the amount of deposit payable by the buyer
6.4. When completing the order form, the buyer undertakes to agree on the method of delivery of the vehicle and the place of delivery/country, provided that he has the opportunity on the website.
6.5. The buyer bears all costs and pays the fees that may arise in connection with the delivery to the country of destination chosen by him.
6.6. DELTAPLUS shall not be liable for the losses incurred by the buyer as a result of the wrong choice of the country of destination.
6.7. With each sale, the costs incurred by the buyer shall be added to the specified purchase price. Such include, inter alia, the value-added tax which in accordance with §4.10 should be indicated according to the requirements of the country of the billing party. When delivering within the European Community and exporting to other countries, VAT shall not be specified when providing transport sale documents. In this case, the buyer should pay VAT payable in the country of transfer.
6.8. To calculate the amount of VAT, vehicles shall be delivered to legal entities on the territory of the European Union under a ‘triangular scheme’ (the so-called three-way ABC operations). This implies that the Buyer being the last link in the chain (Party C) should fulfill the obligations associated with the payment of VAT in the EU country to which the car will be delivered.
6.9. If the buyer violates the terms of fulfillment of his obligations in accordance with §6.3., DELTAPLUS shall have the right to terminate the contract on the basis of objectively justified reason in accordance with §308 Section 3 of the German Code of Laws and demand damages in accordance with §10.4 by deduction of the deposit, under the deposit agreement, by the amount of the damage caused by the buyer and deposited into the DELTAPLUS account, in accordance with the concluded agreement.
6.10. The buyer undertakes to transfer the purchase amount, including fees and charges in accordance with § 6.3., To the DELTAPLUS bank account specified in the order form, no later than within 5 working days after the invoice is issued. Transfer of the purchase amount is made to the seller's account taking into account the payment made under the deposit agreement arising from the preliminary contract. The deposit according to the concluded agreement is distributed from the moment of reception of the car by the buyer.
Until the moment of receiving the transport by the buyer (his delivery), the deposit is a measure of securing the obligations under the contract, under the conditions prescribed in the deposit agreement.
6.11. Immediately after receiving the amount of the purchase including fees and expenses, the car will be transferred to the status of "preparing for issue."
§ 7. Delivery of vehicles
7.1. Purchased vehicles shall be delivered exclusively according to one delivery method chosen by the buyer and specified in the delivery terms and conditions when placing an order.
7.2. Transportation of the vehicles shall be carried out by the agreement of the parties or their representatives. In some cases, the buyer shall have the right to perform transportation independently.
7.3. Cars shall be transported exclusively to the country of destination that was indicated by the buyer in the order form. The buyer assumes responsibility for the losses of DELTAPLUS if the transportation of the vehicle for the purpose of performance of the contract should be made to a country other than the country indicated in the order form.
7.4. Ownership of the vehicle and all risks pass to the buyer from the moment of transfer of the vehicle. If the vehicle is delivered by the buyer, the risks associated with the vehicle shall be borne by the buyer.
7.5. Delivery prices indicated on the website are indicative only; the actual cost of delivery depends on many criteria, such as the type of vehicle, its location, etc.
7.6. The date and time of delivery shall be indicated by the Seller or his representative only tentatively. The buyer shall not be exempt from the obligation to accept the delivered vehicle.
7.7. Delivery of the vehicle can be made only after the following conditions are met:
- the supplier sold and transferred the vehicle to the Seller’s side under the contract on the basis of the acceptance certificates signed by the parties;
- the amount of purchase and delivery was transferred to the bank account of DELTAPLUS specified in the order form;
- the buyer has been given documents that give him the right to pick up the vehicle.
The buyer undertakes to accept the vehicle not later than two (2) weeks (or within a specified shorter period in the vehicle transfer authorization) and transport it to the final country of destination. The buyer acknowledges and accepts the condition that DELTAPLUS, the supplier or a third party that stores the vehicle, shall have the right at any time to refuse delivery of the vehicle to the buyer (or transportation of the vehicle), unless the buyer (or its executor) has granted a valid permit for the transfer of the vehicle.
The buyer assumes responsibility for his losses, as well as losses incurred by DELTAPLUS, the supplier or the third party due to the fact that the buyer did not provide a valid vehicle transfer authorization.
In case the buyer:
- does not accept the vehicle within two weeks or within a shorter period specified in the vehicle transfer authorization from the time the vehicle is authorized for transfer, DELTAPLUS shall have the right to demand from the buyer to reimburse storage costs of 10 euros (ten euros) per day before the transfer of the vehicle;
- has not accepted the vehicle within two months from the receipt of the authorization to transfer the vehicle, DELTAPLUS shall have the right to terminate the contract on the grounds of objectively justified reason in accordance with §308 Section 3 of the Civil Code of Germany and claim damages in accordance with §10.4 of the Contract, considering deduction and distribution of the money deposit, which guaranteed the fulfillment of obligations under the Contract.
§8. Documents for the vehicle
8.1. In case the vehicle is delivered within the territory of the European Union, the buyer undertakes to provide DELTAPLUS with all necessary supporting and transport documents, as well as to indicate the destination.
The buyer hereby accepts the condition that in case there are any doubts as to the validity or correctness of the submitted transport documents submitted by the buyer, DELTAPLUS may confiscate the documents for the vehicle for a period until the buyer submits the valid documents.
8.2. When exporting a vehicle, the buyer undertakes to provide DELTAPLUS with all necessary accompanying and export documents, as well as to specify the country of destination. In this case, DELTAPLUS shall have the right to demand payment for each vehicle exported outside the EU before the transfer of the vehicle and the receipt of export documents, in the form of an advance payment in the amount of VAT amount charged in the country of the billing party according to §4.10.
After DELTAPLUS receives from the buyer all the necessary supporting and export documents that prove, in particular, that the sale is an export shipment in accordance with the Value Added Tax Act, DELTAPLUS shall return the advance payment and issue an invoice to the buyer without specifying the value added tax.
The amount of the advance payment shall be 1,000 euros.
8.3. DELTAPLUS shall not be liable for any losses incurred by the purchaser arising from non-compliance with § 8.
§9. Information about the vehicle.
9.1. Accepting the General Terms and Conditions of the General Provisions of the Contract, the buyer confirms that he knows the characteristics and rules of trade in the field of vehicles that have already been in use.
9.2. The buyer acknowledges and accepts the condition that all information about the vehicle is based on data provided by the supplier.
§ 10. Limitation of liability.
10.1. With respect to used goods, claims for material defects, including the subsequent use of the vehicle and legal defects shall be excluded, and the seller shall not be liable.
10.2. In relation to new products, DELTAPLUS shall assign claims to the manufacturer of goods in respect of material defects and legal defects to the buyer.
10.3. Responsibility for the breach of obligations of the parties when concluding the contract shall be regulated by both the contract itself and by agreements to this contract.
10.4. The limitations of liability referred to in these General Terms and Conditions do not apply to the seller’s liability to the buyer:
- for criminal intent, malice or a directly stipulated guarantee,
- intentional damages or damages caused by gross negligence,
- damage caused as a result of willful violation of fundamental contractual obligations,
- losses resulting from injury or death based on willful or reckless violation of obligations of the seller, his legal representative or executor.
10.5 In case of damage to property for negligence reasons, DELTAPLUS and its representatives shall be liable solely in case of violation of one of the fundamental contractual obligations, but the amount of liability shall be limited by the predicted and contractual damages.
10.6. Personal liability of legal representatives, agents and employees of the seller in respect of the damage caused by minor negligence shall be excluded.
10.7. DELTAPLUS shall have no influence on the design and content of other websites. Therefore, the company distances itself from any external content, even if a link to a third-party website has been provided on the website. This applies to all links provided on the website and to all the content of web pages that are banners and links. The buyer shall be solely liable for illegal, false, misleading or inappropriate content of any kind and releases DELTAPLUS from any liability related to the above. This application applies to all publications on the website. The same applies to anti-competitive messages. DELTAPLUS shall not be liable for anti-competitive messages from third parties.
§11. Liability of the Buyer
11.1. If DELTAPLUS, after the vehicle was purchased by the buyer and after concluding the contract with the buyer in accordance with the contractual and legal provisions, exercises its right to terminate the contract, then it shall have the right to demand compensation from the buyer for the losses incurred. (Liability shall be governed by the rules of law of the Federal Republic of Germany and the deposit agreement, which is an integral part of the contract).
11.2. The buyer is aware that DELTAPLUS is not able to sell the vehicle to a third party and in this connection shall be forced to return the vehicle to the supplier with deduction of 21 % of the purchase price from the supplier in case of returning the vehicle to the supplier.
11.3. By accepting these General Terms and Conditions, the buyer must compensate for the losses caused by DELTAPLUS in the event of termination of the contract.
11.4 By accepting these General Terms and Conditions, the buyer undertakes to indemnify DELTAPLUS in case of delay in the performance of its duties, the damage due to delay in payments or reception of the vehicle under the Contract.
11.4.1. Delinquency amounts to recalculation from the calculation of 24% per annum and the period of delay shall be the 6 day (the sixth day) after the invoice has been issued to the Buyer on the following conditions:
A) For the dealer: an amount shall be deducted from the dealer’s deposit and the account shall be blocked until the payment for the car is made to the account, considering the replenishment of the deposit itself on the invoice for the amount of delay. (Account lockout does not allow further bids on the BIDCAR.EU auction).
B) For personal use: After the payment for the car, in the event of a delay in payment, the next 6th day, an invoice for the amount of the delay from the calculation of 24% per annum shall be drawn up. The delay in payment shall be allowed for a period of not more than 30 calendar days. After the expiration of the above 30 calendar days and in case of failure to fulfill obligations as payments made on invoices issued, entitles the Seller to terminate the contract unilaterally with the application of the claim to the court, in order to recover the incurred costs and losses, including the prospective benefit.
In the event of delay in payment by the Buyer, DELTAPLUS shall have the right to demand payment of interest for the late payment, the value of which exceeds the corresponding base interest rate in accordance with §247 of the German Civil Code by 24 percentage points. He shall have the right to demand a cover of a larger loss.
§12. Refusal of the transaction
12.1. The buyer shall not be entitled to terminate the contract after its rate was accepted by DELTAPLUS. (The consequences of refusing the transaction shall be governed by the signed deposit agreement).
12.2. However, DELTAPLUS shall reserve the right to confirm, at its discretion, the buyer’s request for termination of the contract. The buyer agrees that he will indemnify DELTAPLUS for the damage and losses incurred by it in the event that the contract is terminated in accordance with §11 of these terms and conditions under the Contract.
13.1. The provisions of §13 apply to all fees and charges that the buyer must pay when making a purchase through DELTAPLUS, as well as to the issuance of additional invoices for payment by the specified organization during the purchase process. (taking into account the payments made under the deposit agreement).
13.2. Unless otherwise specified, all fees, charges and amounts, as well as the taxes indicated on the website and in this Agreement, shall be stated in Euros.
13.3. The buyer confirms and accepts the condition that the invoices shall be displayed in electronic format, and the invoices in paper form shall not be sent to the buyer.
13.4. The buyer confirms and accepts the condition that he is responsible for compliance with all applicable laws regarding the receipt and storage of electronic accounts.
13.5. Placing an order, the buyer shall have the right to indicate that he wants to receive a bill in paper form. The buyer confirms and accepts the condition that DELTAPLUS charges an administrative fee of 15 (fifteen) Euros for each invoice requested by the buyer in paper form. If the buyer does not pay the administrative fee, DELTAPLUS shall have the right not to send the invoice in paper form to the buyer.
13.6. If the buyer delays any payment under the terms of the Deal contract or other agreements with respect to DELTAPLUS, he shall be obliged to compensate DELTAPLUS for damages and losses from the delay of 24 % per annum over the base rate of the ECB or above, if DELTAPLUS presents evidence of more significant damage and losses incurred. Retention of amounts is also foreseen by the signed deposit agreement.
13.7. DELTAPLUS shall have the right, in accordance with these terms and conditions of the Contract, to refuse to transfer the vehicle or documents to the buyer until the buyer fulfills its obligations to DELTAPLUS.
13.8. DELTAPLUS shall retain ownership of the delivered goods until all the buyer’s requirements for the delivered goods have been met.
13.9. The buyer shall make payments in the form of a deposit within the framework of the deposit agreement, which is an integral part of the contract, that will be included in the payment of the purchased vehicle, as well as pay the costs incurred during the performance of the contract.
13.10. DELTAPLUS shall reserve the right not to transfer the goods until DELTAPLUS’s claims to the buyer have been settled.
13.11. If the demand for payment may not be fulfilled due to the circumstances of the dispute after the conclusion of the Agreement or the obvious deterioration in the financial circumstances of the buyer, DELTAPLUS may terminate the contract for presenting a claim for damages and losses in accordance with §11 of the Agreement, without prior notice.
§14. Compensation, assignment of obligations
14.1 The Buyer shall not be entitled to withhold payment on the basis of its claims justified on other contracts with DELTAPLUS.
§15. Transfer of risk
15.1. The risk of accidental damage to the goods to be delivered shall be transferred to the party that accepted the goods.
15.2 The risk of accidental damage to the goods due to be delivered shall be transferred to the buyer already at the time when the goods were handed over to the person carrying out the transportation or when the goods were moved from the warehouse for shipment purposes, as well as in case of delivery of the goods without freight, and if the buyer obviously and conclusively chose the forwarding of the goods, in particular, specifying the delivery address. If the delivery is delayed in accordance with the wishes of the buyer, the risk of accidental damage to the goods shall be transferred to the buyer with the expulsion of the notification of readiness for shipment; with that, DELTAPLUS shall have the right, but shall not be obliged, to insure delivery on behalf of and at the expense of the buyer.
§16. Data protection, non-disclosure of confidential information
16.1. The buyer undertakes to process and use the personal data of other users that he receives through the website, solely for the purpose of processing and responding to the relevant request. Further use of these data, in particular for advertising purposes, shall be permitted only after obtaining the necessary consent of the person/persons concerned.
16.2. In the preparation, conclusion, management and termination of the contract, DELTAPLUS shall collect, store and process data within the limits of legislative norms.
16.3. When reviewing our Internet offer, the IP address of the PC used by the buyer, date and time, browser type and PC operating system of the buyer, as well as the pages viewed by it, shall be logged on the website of our Internet offer. However, based on personal data, DELTAPLUS does not intend to and cannot draw any conclusions.
16.4. Personal data that the buyer communicates to DELTAPLUS, for example, when placing an order or by e-mail (for example, full name and contact details), shall be processed only for correspondence with the buyer, and only for the purposes in which the buyer provided DELTAPLUS with this data. DELTAPLUS shall transfer the buyer’s data only to the transport company in the case of a request for such transportation in the amount necessary for the delivery of vehicles. To settle payments, DELTAPLUS shall transfer the payment data of the buyer to the bank through which the payment is made.
16.5. DELTAPLUS shall guarantee that personal data of customers will not be transferred to the third parties. If DELTAPLUS uses third party services to implement and manage the processing processes, it must comply with the provisions of the German Personal Data Protection Act.
16.6. Personal data that was transferred to DELTAPLUS through the website shall only be retained until the purpose with which they were transferred to DELTAPLUS is fulfilled. In accordance with the duration of storage of trade and tax data, the storage time of certain data can reach up to 10 years.
16.7. If customers no longer agree with the storage of their personal data or the data become incorrect, DELTAPLUS shall initiate the removal, correction or blocking of their data in accordance with the law. Upon request, buyers shall receive free information about all personal data that DELTAPLUS has stored about the requesting buyer.
16.8. Although DELTAPLUS publishes links to third party websites on its website, it shall not assume any responsibility for the accuracy or completeness of the content and security of these sites. Since DELTAPLUS does not affect the observance of data protection rules by third parties, buyers should separately read statements of non-disclosure of data from each third party.
17.1. All information, namely the layout of the home page, graphics and photographs used, the collection of articles and individual publications are protected by copyright.
17.2. Transmission, reproduction or other use of the data referred to in paragraph 1 shall be allowed only in accordance with the following restrictions. Violations of this provision are prosecuted under the law in criminal, civil procedure, and also in accordance with the legislation on the protection of copyright and competition.
17.3. Copying the entire contents of the page is strictly prohibited.
17.4. Transfer or licensing of the rights to use the system on behalf of the purchaser to a third party shall be recognized after the provision of the prior written consent of DELTAPLUS.
17.5. DELTAPLUS shall not be liable for the violation of the rights of third parties in case of unauthorized publication of information on the www.bidcar.eu portal and protected by copyright, by third parties.
18.1 In case of disputes arising from the conclusion, execution or termination of contracts in accordance with §3 of the Contract, the parties agreed that if the buyer is an entrepreneur, a legal entity of public law, a public law unit or there is no arbitral tribunal of general jurisdiction in a country, the place of arbitration shall be:
German law regulates the conclusion of contracts and their execution. The place of execution of the contract and of dispute shall be the seller’s location.
§19. Invalidity of contractual provisions
19.1. If certain provisions of the contracts concluded pursuant to §3 of the Contract become invalid, this shall not affect the validity of the remaining provisions of the contracts concluded pursuant to §3 of the Contract.
19.2. The Parties undertake to replace the invalid provisions with new provisions that will be in an acceptable form from the legal point of view to correspond to the economic content of the invalid provision. The same should be done if there was a gap in the contract originally not provided by the parties. In order to fill such gaps, the parties undertake to develop appropriate norms in contracts concluded in accordance with §3 of the Contract; these norms should correspond to the desire of the parties in case they, when concluding these contracts, take into account the points not mentioned in the gaps.
§20. Changes or amendments to the contract
Changes or amendments to the contract are valid only if executed in writing or posted on the Deltaplus website http://bidcar.eu. Oral agreements shall not be taken into account.
§21. Changes to the General Terms and Conditions
DELTAPLUS shall reserve the right to maintain the General Terms and Conditions in this form and, if necessary, to adjust it. The buyer shall be notified about changes to the General Terms and Conditions not later than two weeks prior to the new General Terms and Conditions come into force. If no request for correction is received from the buyer or his representative within the same period and there are no objections, the changed General Terms and Conditions shall be deemed to be accepted.
Details of the Parties:
Deltaplus, Roman Lipkin
Adress: ingeborg-bachmann-weg 10
IBAN: DE78 4016 4528 0039 2286 00
Volksbank Luedinghausen-Olfen eG Wilhelmstraße 6,
Bank Name UniCredit Bank AG
Address: Kardinal-Faulhaber-Str. 1
1. The parties hereunder have determined that the Buyer Party shall transfer the amount of money to the seller party towards payments due under the contract to the other party, to prove the conclusion of the contract and to ensure its execution. The deposit can secure obligations with the participation of any subjects of civil law: citizens and legal entities.
1.1. the deposit shall be transferred on the following terms and conditions:
1.1.1 4,000 euros for car dealers, with any number of bids
The deposit shall be kept by the dealer until the completion of all works (obligations) under the contract and only after that, it shall be returned to the payer.
The car dealer can be both an individual and a legal entity.
For personal use: individuals and legal entities shall have the right to make only one bid from the following conditions:
1.1.2. 1,000 euros – maximum rate of 10,000 euros:
1.1.3. 2,000 euros – maximum rate of 20,000 euros;
1.1.4 3,000 euros – maximum rate of 40,000 euros:
1.1.5 When transferring a deposit for a car intended for personal use, the amount of this deposit shall be included in the cost of the car.
2. advance payment shall be used by the Parties for various auctions,
3. The subject of the deposit may only be a monetary amount specified in clause 1.1 of this Agreement.
4. Ensuring the performance of obligation shall be the main, primary function of the deposit.
In addition to its main function, the deposit carries out the certifying (evidentiary) and payment functions.
- The certifying (evidentiary) function of the deposit shall mean that, as a way of ensuring the performance of obligation, it is simultaneously issued in proof of the conclusion of the contract.
The deposit shall confirm the fact of concluding the agreement under which it is granted for payments. When the deposit agreement is signed by the Parties, the main (secured) contract between these parties shall be considered concluded.
- The payment function of the deposit shall be manifested in the fact that it is issued against the payments under this agreement
5 The deposit shall be issued by the party with which payments under the contract are due.
Money shall be paid to the seller forward, i.е. made before the transfer of the vehicle, and the provision of services under the contract.
6 Upon subsequent performance of the contract and settlement between the parties, the person who issued the deposit shall have the right to withhold its amount from the payments for the transferred vehicle, works performed, services rendered.
7 Regardless of which party is responsible for non-fulfillment of the obligation, the party that issued the deposit shall have the right to demand its return in all cases of non-performance of the contract.
Agreement on the commission fee for the auction
The commission fee of the Auction from the buyer shall be:
- commission fee for dealers: 100 euros + 1%
- commission fee for vehicles intended for personal use: 200 euros + 2%