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Public offer agreement

Offer

PUBLIC CONTRACT
for the provision of services

UAB "Carplatz"
LT-01108 VILNIUS, LITHUANIA J. Savickio g. 4-7
ID 304368038
TAX LT10010404319
Paysera LT UAB
IBAN: LT723500010016360600
SWIFT: EVIULT2VXXX

This Public Contract (hereinafter referred to as the "Contract") defines the general terms (according to §305 paragraph 2 of the German Civil Code) and the procedure for providing services by the website "Carplatz" http://bidcar.eu for supporting transactions of buying and selling cars at auctions (hereinafter referred to as the "Services") for legal or natural persons (hereinafter referred to as the "Buyer").

§ 1. Scope of Application

1.1. Seller – is Carplatz

Dovnar Ruslan
(www.bidcar.eu)
LT-01108 VILNIUS, LITHUANIA J. Savickio g. 4-7
TAX LT10010404319

The party to the contract Buyer: consumer (natural person entering into a legal transaction without commercial benefit, according to §13 of the German Civil Code) or legal entity (entrepreneur in accordance with §14 of the German Civil Code) who has accepted these terms and registered on the website "Carplatz" http://bidcar.eu.

1.2 "Carplatz" acts solely as an intermediary between the supplier of the vehicle and the buyer who wishes to purchase the vehicle on the website http://bidcar.eu.

1.3. The service "Carplatz" is offered to the buyer who unconditionally accepts the terms of the offer by accepting it through registration (creating an account) on the website "Carplatz" http://bidcar.eu.

1.4. The website http://bidcar.eu and the services of "Carplatz" are presented only for the model "Commerce – consumer".

1.5. If the buyer is a natural person, by accepting these General Terms, he declares that he is a consumer in accordance with §13 of the German Civil Code.
If the buyer is an entrepreneur, by accepting these General Terms, he confirms that he is one in accordance with §14 of the German Civil Code.

1.6. For all contracts concluded or previously concluded with "Carplatz," only these terms apply. "Carplatz" does not recognize the buyer's terms that do not conform to these General Terms. The buyer's terms also do not form part of the contract unless "Carplatz" explicitly agrees to them.

1.7. By placing their bid, the buyer agrees to the exclusive validity of these General Terms, the Contract, and all appendices to it.

1.8. The buyer is aware that they do not have the right to withdraw their bid.

§ 2. Definitions

In these General Terms, the terms used have the following meanings:

  • Supplier – leasing companies and other companies whose vehicles are published on the website http://bidcar.eu.
  • Website – the "Carplatz" site where the buyer can offer their price for vehicles presented on www.bidcar.eu and other addresses through which "Carplatz" may regularly provide information to the buyer.
  • Auction fee – administrative costs incurred by the buyer for each vehicle purchased on the website.
  • Regional fee – administrative and logistical fee paid by the buyer for each vehicle purchased on the website, depending on the country where the vehicle is offered for sale or where the transaction is concluded.
  • Buyer – a natural or legal person registered through the registration form provided by "Carplatz" on the website and participating in the vehicle purchase and sale transaction.
  • Electronic invoice – an invoice issued and sent by "Carplatz" in electronic format.
  • Hot Bid stage – an extension of the auction based on the activity of the participants.
  • Deposit – a certain amount of money that one party to the contract transfers to the other party of the same contract as proof of the conclusion of the contract, as a payment towards the fulfillment of obligations under it, and as security for the performance of obligations under this contract. By virtue of one of its functions, the deposit relates to the securities of obligations.
    In all cases, the condition for the transfer of the deposit must fully identify the money paid as a deposit specifically as a deposit, that is, the amounts transferred as a payment towards the fulfillment of the obligation under the contract, as a sign of the conclusion of this contract, and as security for the performance of obligations under it. If the amounts transferred in this way cannot be qualified as such, they are considered an advance.

§ 3. Conclusion of the Contract

3.1 The contract, taking into account these General Terms, between the Buyer and the Seller is considered concluded when the buyer registers in accordance with § 4 of the General Terms and receives confirmation from the Seller via email based on the registration.

3.2. The contract, taking into account these General Terms, between the Seller and the Buyer is considered concluded when the buyer makes the purchase of the vehicle in accordance with § 6 of the General Terms.

3.3. The price lists of "Carplatz" valid at the time of the transaction are applicable to the contracts.

§ 4. Registration

4.1. The buyer may use the website in accordance with § 5 after filling out the registration form with current data provided by "Carplatz," after providing documents in accordance with the registration rules, and after confirming that they agree to accept these General Terms as an integral part of the contract, followed by a separate confirmation of registration.

4.2. The person filling out the registration form on behalf of the buyer and providing documents in accordance with the registration rules and confirming acceptance of the General Terms must guarantee that they have the appropriate authority to perform legal actions on behalf of the buyer.

4.3. The buyer guarantees that their data and documents are accurate and complete. The buyer undertakes to immediately notify the Seller of any changes to the registration data entered in the form or in the documents submitted during registration.

4.4. The buyer is aware that the Seller is not obliged to verify the accuracy of the buyer's data or documents.

4.5. The Seller has the right to additionally require buyers located outside the territory of the Federal Republic of Germany to provide a certified translation of the documents specified in § 4.1 into German.

4.6. Buyers with an address in an EU country outside the Federal Republic of Germany must additionally provide a valid taxpayer identification number.

4.7. The Seller has the right at any time (before and after confirming the buyer's registration) to verify the accuracy and completeness of the information in the registration form and in the documents provided by the buyer in accordance with the provisions specified in § 4.2.

4.8 If it is discovered that the information is not complete and accurate or the submitted documents are invalid, the Seller has the right to:

  • refuse registration. In this case, the Seller is not obliged to provide reasons for the refusal of registration and may, at their discretion, allow the registering party to clarify details and provide valid documents,

  • temporarily or permanently prohibit the buyer from accessing the system.

Other legal rights of the Seller remain in effect.

4.9. Provided that the buyer's registration has been accepted by the Seller, the Buyer receives the corresponding confirmation, makes a financial guarantee (deposit) to 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 Buyer’s registration without providing reasons, as well as to prohibit the buyer and other users from accessing the system on a permanent or temporary basis. In this case, the Seller is not liable for any losses incurred by the buyer.

4.11. The buyer is warned that the cost of services, auction fees, and regional fees may change, and agrees to this.

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 of the Contract that they are responsible for the actions and errors of users who use the website on behalf of the buyer or through their login (hereinafter referred to as "User").

The buyer undertakes to provide each user with a copy of these General Terms, to comply with the provisions of these General Terms, and to ensure their compliance by other users.

All bids made by users of the buyer's account are considered bids of the buyer.

5.2. The buyer guarantees that they use the website with an awareness of their responsibility, in accordance with the provisions of these General Terms for concluding transactions, only within the framework of their legal interests and not to the detriment 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 not to perform the following actions when using the website:

  • uploading, sending, or otherwise distributing data containing computer viruses, tracking programs, and other malicious software;

  • conducting payments, transactions, and other dealings that cancel, restrict, or otherwise interfere with the operation and functioning of the website or the programs, computers, and communication equipment of the user;

  • distributing information and materials with defamatory and unlawful content that violates or threatens the rights of the Seller and third parties;

  • making bids without having the right to do so.

5.5. The buyer is responsible and indemnifies the Seller in the event that the Seller incurs losses as a result of the buyer's violation of the provisions of § 5 of these General Terms.

5.6. The buyer agrees that in the event of a violation of these General Terms of the Contract, the Seller reserves the right, in accordance with these General Terms of the Contract, legal and other legislative acts, without limiting its other rights and legal remedies, and without stating reasons, to temporarily or permanently block access for the buyer and their users. However, the Seller has the right, at its discretion and without explanation, to unblock access for the buyer and their users.

5.7. The Seller undertakes to:

  • provide potential buyers with an expert opinion regarding the vehicle, available for download;

  • publish a complete and accurate description, specification, technical data of the actual condition, description of defects, and clear photographs of the vehicle;

  • not upload images or descriptions that contain advertisements, links to other websites, or may violate the interests of third parties.

§ 6. Sales Procedure

6.1. A binding agreement on the deposit is concluded between the Buyer and the Seller within the framework of the concluded contract. The agreement regulates the obligation of subsequent payments made by the Buyer, including regional and auction fees, delivery costs, and mandatory charges.

6.2. The decision to accept the offer is communicated by sending a notification to the buyer on the website and/or via email.

6.3. After receiving the notification specified in § 6.2, the buyer is obliged to fill out the order form within one working day, indicating the delivery location of the purchased vehicle. The buyer declares by accepting the General Terms their agreement that providing the order form for the execution of the contract is mandatory. The order form contains the following data, which cannot be changed once the buyer has filled it out:

  • the amount of money for the purchase (the highest bid),

  • auction and regional fees,

  • delivery costs and other expenses,

  • the amount of the deposit that the buyer must pay.

6.4. When filling out the order form, the buyer undertakes to agree on the method of delivery of the vehicle and the place of transfer/country, provided that such an option is available to them on the website.

6.5. The buyer bears all costs and pays fees that may arise in connection with the delivery to the chosen destination country.

6.6. "Carplatz" is not liable for any losses incurred by the buyer as a result of incorrect selection of the destination country.

6.7. For each sale, the costs incurred by the buyer are added to the specified purchase price. These include, in particular, value-added tax, which, in accordance with § 4.10, must be indicated according to the requirements of the country of the billing party. For supplies within the European Community and exports to other countries, VAT is not indicated when providing transport documents upon sale. In this case, the buyer must pay the VAT due in the country of transfer.

6.8. For the calculation of the VAT amount, vehicles are delivered to legal entities in the European Union under the "triangular scheme" (so-called three-party operations ABC). This implies that the Buyer, as the last link in the chain (party C), must fulfill the obligations related to the payment of VAT in the EU country to which the vehicle will be delivered.

6.9. If the buyer fails to meet their obligations according to § 6.3, "Carplatz" has the right to terminate the contract based on objectively justified reasons in accordance with § 308 of Section 3 of the German Civil Code and to claim damages in accordance with § 10.4 by withholding the deposit, as per the deposit agreement, in the amount of the damage caused by the buyer and credited to the account of "Carplatz," according to the concluded agreement.

6.10. The buyer undertakes to transfer the purchase amount, including fees and expenses in accordance with § 6.3, to the bank account of "Carplatz" specified in the order form, no later than five working days after the invoice is issued. The 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 allocated from the moment the vehicle is received by the buyer.

Until the moment the vehicle is received by the buyer (its delivery), the deposit serves as a measure of securing the obligations under the contract, under the terms specified in the deposit agreement.

6.11. Immediately after receiving the purchase amount, including fees and expenses, the vehicle will be changed to the status "ready for delivery."

§ 7. Delivery of Vehicles

7.1. The purchased vehicles are delivered exclusively according to one delivery method chosen by the buyer, as specified in the delivery terms during the order process.

7.2. The transportation of vehicles is carried out by agreement between the parties or their representatives. In some cases, the buyer has the right to carry out the transportation independently.

7.3. Vehicles are transported exclusively to the destination country specified by the buyer in the order form. The buyer assumes responsibility for any losses incurred by "Carplatz" if the transportation of the vehicle for the purpose of fulfilling the contract needs to be carried out to a country different from the one specified in the order form.

7.4. Ownership of the vehicle and all risks transfer to the buyer upon the transfer of the vehicle. If the vehicle is delivered by the buyer, the risks associated with the vehicle are borne by the buyer.

7.5. The delivery prices indicated on the website are approximate; 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 are provided by the Seller or their representative only as an estimate. The buyer is not relieved of the obligation to accept the delivered vehicle.

7.7. The delivery of the vehicle can only be carried out after the following conditions are met:

  • the supplier has completed the sale and transfer of the vehicle to the Seller's party under the contract based on the acceptance acts signed by the parties;

  • the purchase and delivery amount has been transferred to the bank account of "Carplatz" specified in the order form;

  • the documents granting the buyer the right to collect the vehicle have been handed over to the buyer.

The buyer undertakes to accept the vehicle no later than 2 (two) weeks (or within a shorter period specified in the vehicle transfer authorization) and to transport it to the final destination country. The buyer confirms and accepts the condition that "Carplatz," the supplier, or a third party storing the vehicle has the right to refuse delivery of the vehicle to the buyer (or transportation of the vehicle) at any time if the buyer (or their representative) has not provided a valid authorization for the transfer of the vehicle.

The buyer assumes responsibility for their losses, as well as losses incurred by "Carplatz," the supplier, or a third party due to the buyer's failure to provide a valid authorization for the transfer of the vehicle.

In the event that the buyer:

    • does not accept the vehicle within two weeks or within the shorter period specified in the vehicle transfer authorization from the moment of receiving the authorization, "Carplatz" has the right to demand from the buyer compensation for storage costs in the amount of 10 Euros (ten euros) per day until the vehicle is transferred;

    • does not accept the vehicle within two months from the moment of receiving the vehicle transfer authorization, "Carplatz" has the right to terminate the contract based on objectively justified reasons according to § 308 of Section 3 of the German Civil Code and to claim damages in accordance with § 10.4 of the Contract, taking into account the withholding and allocation of the monetary deposit that guaranteed the fulfillment of obligations under the Contract.

§ 8. Documents for the Vehicle

8.1. When delivering the vehicle within the territory of the European Union, the buyer undertakes to provide "Carplatz" with all necessary properly executed accompanying and transport documents, as well as to specify the destination.

The buyer hereby accepts the condition that if there are doubts about the validity or correctness of the transport documents presented by the buyer, "Carplatz" may confiscate the vehicle documents for a period until the buyer presents valid documents.

8.2. When exporting the vehicle, the buyer undertakes to present "Carplatz" with all necessary accompanying and export documents, as well as to specify the destination country. In this case, "Carplatz" has the right to require payment for each vehicle exported outside the EU, prior to the transfer of the vehicle and receipt of the export documents, in the form of an advance payment equal to the amount of VAT charged in the country of the billing party, according to § 4.10.

After receiving all necessary accompanying and export documents from the buyer that prove, in particular, that the sale is an export delivery in accordance with the Turnover Tax Act, "Carplatz" will return the advance payment and issue an invoice to the buyer without indicating value-added tax.

The amount of the advance payment is 1000 euros.

8.3. "Carplatz" is not liable for any losses incurred by the buyer as a result of non-compliance with § 8.

§ 9. Information about the Vehicle.

9.1. The buyer confirms, by accepting the General Terms of the Contract, that they are aware of the characteristics and trading rules regarding vehicles that have already been in use.

9.2. The buyer confirms and accepts the condition that all information about the vehicles is based on data provided by the supplier.

§ 10. Limitation of Liability.

10.1. With respect to used goods, claims regarding material defects, including subsequent use of the vehicle and legal deficiencies, are excluded, and the seller is not liable.

10.2. In relation to new goods, "Carplatz" assigns claims against the manufacturer of the goods regarding material defects and legal deficiencies to the buyer.

10.3. Liability for breach of obligations by the parties when concluding the contract is governed by both the contract itself and agreements related to this contract.

10.4. The limitations of liability stated in these General Terms do not apply to the seller's liability to the buyer for:

      • criminal intent, malicious intent, or expressly stated guarantees,

      • intentional or grossly negligent damage caused,

      • damage arising from intentional violation of fundamental contractual obligations,

      • losses arising from harm to life or health, based on intentional or negligent violation of obligations by the seller, their legal representative, or agent.

10.5. In the event of property damage due to negligence, "Carplatz" and its representatives are liable only in the case of violation of one of the fundamental contractual obligations, but the amount of liability is limited to the foreseeable and specified damages in the contract.

10.6. Personal liability of the seller's legal representatives, agents, and employees for damage caused by minor negligence is excluded.

10.7. "Carplatz" has no influence over the design and content of other websites. Therefore, the company distances itself from all external content, even if a link to third-party websites is provided on the website. This applies to all links presented on the site and to all content of web pages to which banners and links lead. The buyer is solely responsible for any illegal, false, misleading, or unlawful content of any kind and releases "Carplatz" from any liability related to the aforementioned. This statement applies to all publications on the website. The same applies to anti-competitive messages. "Carplatz" is not liable for anti-competitive messages from third parties.

§ 11. Buyer’s Liability

11.1. If "Carplatz," after the purchase of the vehicle by the buyer and after concluding the contract with the buyer according to contractual and legal provisions, exercises its right to terminate the contract, it has the right to demand compensation for the damages incurred from the buyer. (Liability is governed by the provisions of German law and the deposit agreement, which is an integral part of the contract).

11.2. The buyer is aware that "Carplatz" is unable to sell the vehicle to a third party and, in this regard, is forced to return the vehicle to the supplier, withholding 21% of the purchase price from the supplier in the event of returning the vehicle to the supplier.

11.3. By accepting these General Terms, the buyer is obliged to compensate "Carplatz" for any damages incurred in the event of contract termination.

11.4. The Buyer, by accepting these General Terms, agrees to compensate "Carplatz" in case of delay in fulfilling their obligations for damages related to delayed payments or the acceptance of the vehicle under the Agreement.

11.4.1. The delay is calculated at an annual rate of 24%, and the delay period begins on the 6th (sixth) day after the invoice is issued to the Buyer under the following conditions:

A) For dealers: the amount is deducted from the dealer's deposit, and the account is blocked until payment for the vehicle is made according to the invoice, taking into account the replenishment of the deposit based on the issued invoice for the amount of the delay. (Account blocking does not allow further bidding on the BIDCAR.EU auction).

B) For personal use: After the vehicle payment, in case of payment delay, an invoice for the amount of the delay at an annual rate of 24% is issued on the following 6th day. Payment delays are allowed for no more than 30 calendar days. After the specified 30 calendar days and failure to fulfill obligations regarding payments for issued invoices, this entitles the Seller to unilaterally terminate the contract and file a lawsuit to recover incurred costs and damages, including anticipated profits.

"Carplatz" has the right, in case of payment delay by the Buyer, to demand payment of a penalty for the delay, the amount of which exceeds the corresponding base interest rate according to § 247 of the German Civil Code by 24 percentage points. It retains the right to claim compensation for greater damages.

§ 12. Withdrawal from the transaction

12.1. The Buyer has no right to terminate the contract after their bid has been accepted by "Carplatz". (The consequences of withdrawal from the transaction are governed by the signed deposit agreement).

12.2. However, "Carplatz" reserves the right at its discretion to confirm the Buyer's request for contract termination. The Buyer agrees to compensate for damages and losses incurred by "Carplatz" in case the termination of the contract is confirmed in accordance with §11 of these Terms under the Agreement.

§ 13. Payment

13.1. The provisions of § 13 apply to all fees and payments that the buyer must pay when making a purchase through "Carplatz", as well as to the issuance of additional invoices by the organization during the purchasing process. (taking into account the payments made under the deposit agreement).

The cost and payment procedure for services are determined by the tariff plan chosen by the buyer, published online at: https://bidcar.eu/ru/tariffs

13.2. Unless otherwise specified, all fees, payments, and amounts, as well as taxes indicated on the website and in this Agreement, are stated in Euros.

13.3. The Buyer confirms and accepts the condition that invoices are issued in electronic format, and paper invoices are not sent to the Buyer.

13.4. The Buyer confirms and accepts the condition that they are responsible for complying with all applicable laws regarding the receipt and storage of electronic invoices.

13.5. When placing an order, the Buyer has the right to indicate that they wish to receive an invoice in paper form. The Buyer confirms and accepts the condition that "Carplatz" charges an administrative fee of 15 (fifteen) Euros for each paper invoice requested by the Buyer. If the Buyer does not pay the administrative fee, "Carplatz" has the right not to send the Buyer a paper invoice.

13.6. If the Buyer delays any payment according to the terms of the Agreement for the transaction or other agreements with "Paysera LT UAB", they are obliged to compensate "Carplatz" for damages and losses from the delay at a rate of 24% per annum above the ECB base rate, or higher if "Carplatz" provides evidence of greater damage and incurred losses. The retention of amounts is also provided for in the signed deposit agreement.

13.7. "Carplatz" has the right, in accordance with these terms of the Agreement, to refuse to transfer the vehicle or documents to the Buyer until the Buyer fulfills their obligations to "Paysera LT UAB".

13.8. "Carplatz" retains ownership of the delivered goods until all requirements from the Buyer regarding the delivered goods are fulfilled.

13.9. The Buyer must make payments in the form of a deposit under the deposit agreement, which is an integral part of the contract and will be included in the payment for the purchased vehicle, as well as cover expenses incurred during the execution of the contract.

13.10. "Carplatz" reserves the right not to transfer the goods until all claims of "Carplatz" against the Buyer are settled.

13.11. If the payment requirement cannot be fulfilled due to circumstances arising from a dispute after the conclusion of the Agreement or obvious deterioration of the Buyer's financial circumstances, "Carplatz" may terminate the contract by presenting a claim for compensation for damages and losses according to § 11 of the Agreement, without prior notice.

§ 14. Compensation, Assignment of Obligations

14.1 The Buyer has no right to withhold payment based on their claims arising from other agreements with "Carplatz".

§ 15. Transfer of Risk

15.1. The risk of accidental damage to the goods to be delivered passes to the party that has accepted the goods.

15.2 The risk of accidental damage to the goods to be delivered passes to the Buyer at the moment the goods are handed over to the person carrying out the transportation, or when the goods are moved from the warehouse for the purpose of shipment, as well as in the case of delivery of goods without freight, and if the Buyer has clearly and conclusively chosen to ship the goods, in particular by specifying the delivery address. If delivery is delayed at the Buyer's request, the risk of accidental damage to the goods passes to the Buyer upon sending a notification of readiness for shipment; in this case, "Carplatz" has the right, but is not obligated, to insure the shipment on behalf of and at the expense of the Buyer.

§ 16. Data Protection, Confidential Information Disclosure

16.1. The Buyer agrees to process and use the personal data of other users obtained through the website solely for the purpose of processing and providing a response to the relevant request. Further use of this data, particularly for advertising purposes, is permitted only after obtaining the necessary consent from the respective individual(s).

16.2. In the preparation, conclusion, management, and termination of the contract, "Carplatz" collects, stores, and processes data in accordance with legal norms.

16.3. When reviewing our online offerings on the website, the IP address of the Buyer's PC, date and time, type of browser, and operating system of the Buyer's PC, as well as the pages viewed, are logged. However, based on personal data, "Carplatz" does not intend to and cannot draw any conclusions.

16.4. Personal data that the Buyer provides to "Carplatz", for example, when placing an order or via email (such as name and contact details), is processed only for correspondence with the Buyer and only for the purposes for which the Buyer provided this data to "Carplatz". "Paysera LT UAB" only transmits the Buyer's data to the transport company in the case of a request for such transportation, to the extent necessary for the delivery of vehicles. For payment processing, "Carplatz" transmits the Buyer's payment data to the bank through which the payment is made.

16.5. "Carplatz" guarantees that the personal data of Buyers will not be transmitted to third parties. If "Carplatz" engages third parties to implement and manage processing activities, it must comply with the provisions of the Federal Data Protection Act of Germany.

16.6. Personal data that has been transmitted to "Carplatz" through the website is retained only until the purpose for which it was transmitted has been fulfilled. In accordance with the retention periods for commercial and tax data, the duration of storage for certain data may extend up to 10 years.

16.7. If Buyers no longer agree to the storage of their personal data or if the data has become incorrect, "Carplatz" will initiate the deletion, correction, or blocking of their data in accordance with legal norms. Upon request, Buyers will receive free information about all personal data that has been stored by "Carplatz" regarding the requesting Buyer.

16.8. Although "Carplatz" publishes links to third-party websites on its website, it bears no responsibility for the accuracy or completeness of the content and data security of those sites. Since "Carplatz" does not influence the compliance with data protection regulations by third parties, Buyers should separately review the data privacy statements of each third party.

§ 17. Copyright

17.1. All information, namely the layout of the homepage, used graphics and photographs, collections of articles, and individual publications are protected by copyright.

17.2. The transfer, reproduction, or other use of the data specified in paragraph 1 is permitted only under the following restrictions. Violations of this provision are prosecuted under criminal and civil law, as well as in accordance with copyright and competition law.

17.3. Copying all content of the page is strictly prohibited.

17.4. The transfer or licensing of rights to use the system on behalf of the Buyer to a third party is recognized only after obtaining prior written consent from "Carplatz".

17.5. "Carplatz" is not liable for violations of third-party rights in the event of unauthorized publication of information protected by copyright on the portal www.bidcar.eu by third parties.

§ 18. Arbitration

18.1 In the event of disputes arising from the conclusion, execution, or termination of contracts according to § 3 of the Agreement, the parties agree that if the Buyer is an entrepreneur, a legal entity under public law, a public law unit, or if there is no court of general jurisdiction in the country, the place of arbitration shall be:

      • German law governs the conclusion of contracts and their execution. The place of performance of the contract and the dispute is the location of the Seller.

§ 19. Invalidity of Contractual Provisions

19.1. If individual provisions of the contracts concluded according to § 3 of the Agreement become invalid, this does not affect the validity of the remaining provisions of the contracts concluded according to § 3 of the Agreement.

19.2. The parties agree to replace the invalid provisions with new provisions that will legally correspond to the economic content of the invalid provisions. The same shall apply if there is a gap in the contract that was not originally provided for by the parties. To fill such gaps, the parties agree to develop corresponding norms in the contracts concluded according to § 3 of the Agreement; these norms should reflect the parties' intentions as if they had considered and included the unmentioned points in the gaps when concluding these contracts.

§ 20. Amendments or Additions to the Contract

Amendments or additions to the contract are legally valid only if made in writing or posted on the "Carplatz" website http://bidcar.eu. Oral agreements are not considered.

§ 21. Changes to the General Terms

“Carplatz” reserves the right to maintain the General Terms in this form and to make corrections as necessary. The Buyer will be notified of changes to the General Terms no later than two weeks before the new General Terms come into effect. If no request for adjustment is received from the Buyer or their representative within the same period and there are no objections, the amended General Terms are considered accepted.

Details of the parties:

UAB "Carplatz"
LT-01108 VILNIUS, LITHUANIA J. Savickio g. 4-7
ID 304368038
TAX LT10010404319
Paysera LT UAB
IBAN: LT723500010016360600
SWIFT: EVIULT2VXXX

  

Appendix No. 1

Deposit Agreement:

1. The parties to this agreement have determined that the Buyer’s Party transfers a sum of money to the Seller’s Party in payment of the amounts due under the contract, as proof of the conclusion of the contract and to ensure its execution. The deposit may secure obligations involving any subjects of civil law: individuals and legal entities.

1.1. The deposit is transferred under the following conditions:

1.1.1 2000 euros for car dealers, using any number of bids.

The deposit remains with the dealer until all work under the contract (obligations) is completed and is only returned to the payer after that.

A car dealer may be either an individual or a legal entity.

For personal use: individuals and legal entities are entitled to make only one bid under the following conditions:

1.1.2. 1000 euros - maximum bid 10,000 euros:

1.1.3. 2000 euros - maximum bid 20,000 euros;

1.1.4 3000 euros - maximum bid 40,000 euros:

1.1.5 When transferring a monetary deposit for a vehicle intended for personal use, the amount of this deposit is included in the cost of the purchased vehicle.

2. The deposit is applied by the "Parties" during various auctions.

3. The subject of the deposit can only be the monetary amount specified in paragraph 1.1 of this agreement.

4. Ensuring the performance of the obligation is the main, primary function of the deposit.

In addition to its main task, the deposit also serves the functions of: confirming (evidential) and payment.

      • The confirming (evidential) function of the deposit means that, as a means of ensuring the performance of the obligation, it is simultaneously issued as proof of the conclusion of the contract.

The deposit confirms the fact of the conclusion of the contract for which it is provided as payment. When signing the deposit agreement, the Parties consider the main (secured) contract between these parties to be concluded.

      • The payment function of the deposit is manifested in that it is issued as a payment towards the obligations of this agreement.

5. The deposit is issued by the party to whom payments are due under the contract.

The money is paid to the seller in advance, i.e., it is deposited 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 party that issued the deposit has the right to withhold its amount from the payments due for the transferred vehicle, completed work, and provided services.

7. Regardless of which party is responsible for the non-performance of the obligation, the party that issued the deposit has the right to demand its return in all cases of non-performance of the contract.

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