GENERAL TERMS CONDITIONS OF: WWW.DRIVEBID24.COM | WWW.YESBID.IT
The sites: WWW.DRIVEBID24.COM | WWW.YESBID.IT are the web-portals owned and managed by RS1AUTO, VAT number 04075270241, headquartered in Schio (VI), via Lungo Gogna n. 31,a company that offers services in the sale of used vehicles through online auctions aimed exclusively at professional buyers to whom these general conditions the parties declare to adhere.
The web-portals: WWW.DRIVEBID24.COM | WWW.YESBID.IT are intended exclusively for the conclusion of "Business to Business" contracts or between commercial operators with a license to trade in cars. It is therefore expressly excluded the application of Legislative Decree 6 September 2005, n. 206 - Consumer Code.
These general conditions, therefore, regulate the terms and conditions inherent in the use of the WWW.DRIVEBID24.COM and WWW.YESBID.IT sites, precisely the operation of each sales procedure and its participation and the subsequent contract for the purchase and sale of the vehicles awarded.
Art. 1 - DEFINITIONS
1.1 Terms and conditions:
"Registration" means the User's registration on the Website by filling in, in total, the registration form on the Website itself;
"Seller" means RS1AUTO , VAT number 04075270241, headquartered in Schio (VI), via Lungo Gogna n. 31, as the owner of the vehicles on the WWW.DRIVEBID24.COM | WWW.YESBID.IT. For any communication to Seller please contact: mail firstname.lastname@example.org;
"Buyer" means any professional operator that uses the services of WWW.DRIVEBID24.COM | WWW.YESBID.IT in order to purchase vehicles for himself or on behalf of third parties;
"Auction" means the competitively organized sales procedure for registered movable property managed by RS1AUTO;
"Relaunch auction" means the award to the highest bidder;
"Yes Bid" means the tendering procedure to the tenderer who proposed the price accepted by the Seller;
"Mileage" means the distance travelled by the motor vehicle purchased and is declared by the Seller;"
"Reserve price" means the minimum price of the Vehicle that the Seller intends to accept to consider the sale of the same to be completed;
"Relaunch" means the Buyer's offer for the purchase of the Vehicle. To ensure any award, it must be higher than the reserve price;
"speedometer of each rod" means the indicator of the achievement of the reserve price;
“WWW.DRIVEBID24.COM | WWW.YESBID.IT” are the online vehicle auction portal owned by RS1AUTO;
Art. 2 – REQUIREMENTS FOR REGISTRATION AND REGISTRATION TO THE WEB-SITE
2.1 The Registration to the site is required for access Tto WWW.DRIVEBID24.COM | WWW.YESBID.IT
2.2 The Registration is not a right, since there is complete discretion of RS1AUTO P.IVA 04075270241, in accepting registration applications.
2.3 As specified in the foreword, Consumers as identified in Article 1469a c.c and legislative decree 6 September 2005, n. 206 – Consumer Code cannot be buyers and therefore cannot register on the portal. Buyers can only be subjects who buy for the exercise of their profession.
2.4 Each Buyer must register and register in writing before participating in a sales action for the first time. For the purposes of registration, the User must have the following requirements:
there must be no legal disputes or open disputes of any kind against RS1AUTO;
User must submit a copy of the registration to the Chamber of Commerce (so called Chamber of Commerce registration);
User must attach an updated document of the legal representative;
User must be a VAT registration holder with a license to trade in cars.
2.5 For purchasers from European and non-European countries, however, the conclusion of the sale will be subject to the completion of the procedures and the receipt of any documentation provided for by law for intra-Community and extra-Community transactions, respectively.
2.6 The Buyer guarantees the correctness, truthfulness and completeness of the personal data provided during registration. If at any time personal data are subject to change, the Buyer is obliged to communicate such variation(s) to the Administration of the www.drivebid24.com or www. yesbid.it
2.7 The Buyer complies with the registration obligations, will have a username and password to access the WWW.DRIVEBID24.COM | WWW.YESBID.IT
2.8 You must keep your username and password, by keeping them confidential and making sure no third party can use them.
2.9 If the Buyer suspects that an unauthorized person has unlawfully obtained the username and/or password information, undertakes to inform RS1AUTO immediately. Until receipt of this communication, the Buyer is responsible for all transactions made in his name using the username and password.
2.10 RS1AUTO has the right to suspend the account of the registered User at all times and in its own right. Specifically, by way of example and not strictly, RS1AUTO reserves the right to unilaterally refuse and/or remove the registration if a) the User has misbehaved in the use of the Website or participation in auctions; b) the User was not trusted at the post-registration check; c) if you find that the User has entered data in the P.IVA / Tax Code field incorrect or incorrect, waiting to carry out the necessary checks with the User.
2.11 It is forbidden for the Buyer to reproduce the www.drivebid24.com or www.yesbid.it or any party and make it available to third parties.
Art. 3 - SALES PROCEDURES AND CONCLUSION OF A PURCHASE AND SALE CONTRACT
3.1 Types of sales proposed by RS1AUTO within its portals:
Type "Relaunch auction". The relaunch auction will be preceded by an informative email containing the date and time of the auction procedure's start. RS1AUTO predetermines the duration of the auction. Cars offered at auction will have a minimum sale price (Reserve Price). You can bid on the item for sale. If the offer is exceeded, it can be relaunched. The auction ends on the date and time set. However, it will be possible to make a further relaunch concerning the best bid within two minutes of the auction's closing date. From each possible new relaunch, two minutes will start to relaunch the offer until the offers' inclusion has been completed, thus decreeing the award of the Veichle. If the auction fails to reach the Seller's minimum price, the sale is considered closed without the assignment of the Vehicle. The achievement of the reserve price and its exceedance are indicated by the achievement of the green band in the speedometer of each rod. The auction may end even before the date and time set in the case of a "Yes Bid" offer accepted by the Seller.
"Yes Bid" type. During the auction, it will be possible to make an offer for the item for sale by offering a price higher than that indicated in the "Current Offer". If the offer is not accepted, the message "Yes Bid has been rejected" will appear. If the offer is considered reviewable, the message "The Yes Bid offer is under review" will appear and if the offer is accepted, the award will be communicated by the Seller with an email confirming the sale and the auction will be concluded. It is understood that Yes Bid offers will be evaluated at the Seller's sole discretion.
3.2 At the end of the award procedure, RS1AUTO will send an email confirming the sale. (a) the methods and time limits for payment; (b) a copy of the sales contract indicating the location of the Vehicle;
3.3 The contract of sale, therefore, will be considered concluded when the Seller will send the Buyer the communication by email containing the acceptance of the Buyer's proposal with the award.
3.4 The Seller will not be held responsible for any malfunctions and/or technical errors of any kind and cause on the Website that may occur during the use of the services offered and/or the auctions' performance.
Art. 4 - PAYMENT METHODS AND COSTS
4.1 With the contract's conclusion following the award, the Buyer is required to pay the purchase price already inclusive of VAT.
4.2 Payments must be made in the portal's currency, i.e. in Euro (€).
4.3 Payment must be made within 48 (Forty-eight) hours of receipt of the email confirming the sale by bank transfer to the current account, whose details will be communicated in the confirmation as mentioned above email.
4.4 Once the transfer has been made, the Buyer must transmit the accounting of the bank transfer to the Seller. The date indicated in the accounting document will not be considered valid for the beginning of the following terms. The payment will be deemed to have been made only at the actual crediting of the sum to the indicated current account.
4.5 In case of non-payment by the set date, RS1AUTO will prompt the Buyer to pay the amount due. If the User is still in default, RS1AUTO reserves the right to resolve the sale and apply the penalty provided for in point 9;
4.6 The costs of the transfer of ownership are borne exclusively by the Buyer who will pay them in the manner indicated in the contract.
4.7 In the case of a foreign purchaser, the costs of radiation per export shall be considered entirely at its expense.
Art. 5 RETENTION OF TITLE
5.1 The Vehicle remains the property of the Seller of the Vehicle until the price balance including VAT has been fully paid by the Buyer, without prejudice to the immediate transfer of the risk to delivery according to art. 1523 c.c.
Art. 6 PASSAGE OF RISKS
6.1 the Seller transfers the risk related to the price/service ratio to the Buyer at the time of delivery of the Vehicle to the Buyer or to his representative or delegate.
Art. 7 - COLLECTION OF VEHICLES
7.1 Each Vehicle purchased must be collected by the Buyer no later than 5 (Five) working days after completion of the payment unless otherwise stated in the auction conditions and/or in the sales contract sent to the Buyer by email following the award.
7.2 Only the collection of the Vehicle is allowed; alternative forms of delivery are not to be considered possible; any transport costs are to be considered exclusively at the expense of the Buyer.
7.3 At the time of collection at the place indicated in the confirmation email, the Buyer or his delegate must show to the Seller a copy of the signed contract, which he will deliver in the original, together with an identity document.
7.4 The Buyer is required to check the condition of the car at the time of collection on pain of forfeiture: this means that in case of collection without immediate complaint to the Seller, the Buyer will no longer be able to report defects or defects of the car that could have been recognized at the time of collection by a professional Buyer.
7.5 After 15 days from the date of authorization to pick up, in the event of non-collection of the Vehicle by the successful Buyer or one of its representatives, the Seller reserves the right to organize and transport the Vehicle to the Buyer. The cost of this transport is borne by the Buyer, who will make his immediate payment together with the penalty for the delay.
7.6 The Seller cannot be held responsible for any delays in the delivery of the vehicles.
Art. 8 – DIFFERENT CHARACTERISTICS OF THE VEHICLE
8.1 If the Buyer ascertains a difference between the Vehicle and its description made in the auction conditions and/or in the descriptive form by the Seller or uif the imperfections described by the Seller do not correspond to reality unless these are recognizable at the time of collection, the Buyer must communicate them in writing to the Seller within 5 (five) days from the delivery of the Vehicle to the following address: mail email@example.com
8.2 It is understood that the only conditions which may lead to the termination of a sale, after finding that they are contradictory between the Parties, may be:
mileage difference, with a tolerance of 10%;
differences in the description of the car or fitting that may affect more than 10% of the total value of the car.
8.3 If the parties find an actual non-conformity within the terms set out in the preceding point, the Buyer may terminate the contract of sale by obtaining the return of the consideration paid, with the express exclusion of any other claim.
Art. 9 PENALTY CLAUSE FOR NON-COMPLIANCE AND DELAY IN COMPLIANCE
9.1 In the event of non-compliance with the obligations referred to in this contract, the Buyer will be required to pay a penalty equal to 20 % of the purchase price, without prejudice in any case to the possibility for the Seller to take action against the defaulting buyer for the most damage. The Buyer will also be deleted from the site by force (so-called " "ban") and will no longer be able to take part in subsequent experiments of the same auction or other auctions carried out on the portal.
9.2 In the event of a delay in the fulfilment of the obligations referred to in this contract with specific regard to the payment of the consideration after the first payment reminder and the collection of the Vehicle, the Buyer will be required to pay a penalty of Euro 50.00 (fifty/00) for each day of delay.
Art. 10 – APPLICABLE LAW AND COMPETENT COURT
10.1 Contractual relations between WWW.DRIVEBID24.COM | WWW.YESBID.IT, RS1AUTO and the Buyer will be governed exclusively by Italian law.
10.2 For all possible disputes, in the event that it is necessary to appeal to the judicial authority, the Court of Vicenza will be exclusively competent.
Art. 11 – PRIVACY AND CONSENT TO THE PROCESSING OF PERSONAL DATA
Art. 12 VALIDITY OF THESE GENERAL CONDITIONS
12. 1 Where a provision in these general conditions is found to be ineffective, the remaining provisions shall remain valid.
12.2 Binding version – This Contract has been drawn up in the Italian language, which should be considered as the sole binding version. In the event that the text is translated into other languages, the relevant texts should be considered merely as working documents.
Art. 13 – AMENDMENT OF THE GENERAL CONDITIONS
13.1 This Regulation containing the "general conditions" may be subject to amendment. These will be communicated by email to registered users with at least 15 (Fifteen) days' notice of the effective date. The first access to the portaleWWW.DRIVEBID24.COM | WWW.YESBID.IT after the change will allow you to accept regulatory changes or, alternatively, withdraw from your subscription.