General Terms of Auctions

Definitions
1. Auction – public presentation of a Lot, Lots or a Combination of Lots in order to enable the Users to Bid within the given Auction, organized by Bid24 via the Auction Portal.
2. BID24 – the company nethuns Sebastian Łoza, entered into the Central Register and Information on Economic Activity (Pol. Centralna Ewidencja i Informacja o Działalności Gospodarczej, CEIDG), tax identification number (NIP) PL9211864009, statistical number (REGON) 142948766.
3. Minimum Price – minimum amount of a Bid placed for a given Lot subject to Bidding that may be deemed the Best Offer provided that the Specific Terms for the given Lot provide for the above.
4. Personal Data – personal information, according to the Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws 97.133.883, as amended), of the User and the person representing the User on the Auction Portal, provided by the User.
5. Combination of Lots – two or more Lots sold together (under one number) in one Bidding in an Auction, provided that the Specific Terms for the given Auction provide for such a possibility.
6. Bidding – the period of time throughout which the Users place their Bids for the given Lot or a Combination of Lots in an Auction.
7. Buyer – the User who placed the Best Offer for the given Lot or a Combination of Lots during an Auction and who is thus obliged to purchase the given Lot or Combination of Lots pursuant to the General Terms and the Specific Terms applicable.
8. Best Offer – the most favourable (highest) Bid for the given Lot or a Combination of Lots placed during an Auction which is not lower than the Minimum Price. Bids for Combinations of Lot have priority over the Bids for individual Lots constituting the given Combination.
9. Bid – each more favourable bid for the purchase of a Lot or a Combination of Lots placed by a User during the given Bidding.
10. General Terms – these General Terms of the BID24 Auction Service as amended from time to time in the currently applicable version.
11. Auction Portal – online auction service available at: bid24.eu, bid24.pl, bid24.nl, bid24.be, bid24.co, managed by BID24, by means of which Auctions are held.
12. Lot – an item or property right offered for Bidding during an Auction, described in detail in the Specific Terms of the given Auction.
13. Registration – completion of the registration form available at the Auction Portal for the purpose of obtaining User status.
14. Seller – natural persons being of age and pursuing economic activity or other legal entities on behalf of which Bid24 offers the sale of Lots or Combinations of Lots via the Auction Portal pursuant to the General Terms and the Specific Terms applicable.
15. Specific Terms – additional terms and conditions supplementing or excluding certain General Terms as well as details of the given Auction.
16. User – a person pursuing economic activity, registered in the Auction Portal.
General Provisions
1. The following General Terms constitute the basic terms and conditions governing the use of the Auction Portal by the Users, participation in Auctions and closing transactions of purchase of Lots and Combination of Lots by the Buyers.
Registration in the Auction Portal
1. In order to obtain the User status it is necessary to register. Registration is a one-off, free of charge procedure involving the completion of a registration form available at the Auction Portal with Personal Details and an individual access password to the Auction Portal.
2. In order to confirm the registration, instructions regarding the activation of the user account will be sent to the e-mail address indicated by the User in the registration form. Following the activation of the user account in accordance with the e-mailed instructions, the User may access the Auction Portal using his password.
3. Bid24 reserves the right to deny registration as well as stop the registration process at any time without stating the reasons thereof.
4. By registering in the Auction Portal the User submits to and acknowledges these General Terms.
Description of Lots
1. Bid24 makes an effort to present an accurate, complete and clear description of the Lots under Auction at the Auction Portal and in the auction catalogues, advertisements and other documents related to the Auctions. However, Bid24 shall not be liable for any losses suffered by Users in connection with inaccurate or incomplete descriptions of Lots.
2. A User shall be entitled to examine and test the Lots prior to or during the Auction on the viewing days which shall be described in detail in the Specific Terms. The viewing days constitute the sole source of official information on the Lots. Other information, photographs and descriptions posted at the Auction Portal are not binding and are of an auxiliary nature only.
3. Provided that the Specific Terms do not stipulate otherwise:
  1. wires, cables, pipes and/or other connections/installations with external elements constituting parts of the given Lot are sold up to the first joint/valve only.
  2. external installations never constitute parts of the Lot.
Auction
1. Auctions are held by Bid24 via the Auction Portal.
2. Bid24 reserves the right, at any time and without stating the reasons, to:
  1. cancel an Auction,
  2. close an Auction earlier than it is stipulated in these General Terms and the relevant Specific Terms, including without selection of the Best Offer,
  3. prolong the Auction beyond the time period stipulated in these General Terms and the Specific Terms,
  4. remove a Bid placed by a User during an Auction, in particular in the event Bid24 performs the actions described under Clause 5.3 hereafter,
  5. restrict or block access to the Auction Portal or the given Auction for particular Users, in particular in the event such Users undertake any action that might prove detrimental to the Auction Portal, other Users’ accounts or the reputation of Bid24,
  6. amend the description of a Lot under bidding in an Auction, available in the Auction Portal.
3. By Registering a User represents that he acknowledges that Bid24 shall be entitled to verify the Personal Data at any time, as well as request the User to submit additional information, explanations, documents etc. The aforementioned verification may be performed in any form (including online, telephone etc.). In the event such a request is not met, Bid24 shall be entitled to block the account and/or cancel the Bid placed by the User.
4. By Registering a User represents that he acknowledges the technical limitations related to the activity of the Auction Portal available online and accepts the possibility of occurrence of various technical disturbances in the operation of the Auction Portal. In light of the above, the User hereby waives any claims towards Bid24 for losses arising in connection with the use of the Auction Portal unless caused by intentional action on the part of Bid24. Bid24 shall not be liable for any losses, in particular arising from:
  1. actions undertaken by the User that may have been induced by the information posted in the Auction Portal,
  2. inability to use the Auction Portal (in whole or in part) and/or other failure or malfunction of the auction Portal or the supporting system,
  3. discrepancies between the description of the Lots presented in the Auction Portal and their actual condition,
  4. inaccurate, incomplete or outdated information in the Auction Portal,
  5. errors in the software of the Auction Portal or the supporting system,
  6. unlawful use of the Auction Portal by a third party.
  Basic principles for Auctions
5. 5 minutes Rule. In the event a Bid is placed up to 5 minutes before the prescribed closing time of the given Bidding, the Bidding period shall be extended by 5 minutes starting from the prescribed closing time. In the event further Bids are placed, each Bid shall postpone the closing time of the Bidding by another 5 minutes.
6. Minimum Price Rule. This rule applies where the Specific Terms for the given Lot so provide. If so, during the Bidding the User shall be informed that his Bid is lower than the Minimum Price by means of the following message “Minimum Price not reached.” In the event the Bid placed by the User is higher than the Minimum Price, the User shall receive the following message “Minimum Price reached.” In the event none of the Bids reaches at least the Minimum Price, the Seller shall not be obliged to sell the Lot, Lots or Combination of Lots under the Bid.
7. No Offer Rule. In the event no Bid is placed in the given Bidding, the period of the Bidding shall be extended up to the close of the last Bidding in the given Auction.
8. Combination Rule. This rule applies where the Specific Terms for the given Lot so provide and describe the given Combinations of Lots. If so, then upon the close of the Bidding for the particular Lots in the Auction additional Biddings for some or all of the Combinations of Lots in the given Auction may, but do not have to, be held. For the purposes of determining the Best Offer it is established that Bids for Combinations of Lots have priority over the Bids for individual Lots constituting the given Combination.
  Auction process
9. An Auction shall be conducted pursuant to these General Terms and the Specific Terms relating to the given Auction. Specific Terms shall specify in particular the number of the given Auction, the starting date and the starting of closing date of the given Auction, the time scheduled for the individual Biddings within the given Auction, list of Lots, information on the viewing days, terms of payment for the Lots auctioned in the Bidding, amount of markup of Bid24, terms of collection of the Lots by the Buyer as well as other terms and conditions that may apply to the Auction.
10. Specific Terms serve to supplement the General Terms with respect to the specific Auction. In the event of discrepancies between the provisions of the Specific Terms and the provisions of these General Terms, the provisions of the Specific Terms shall apply.
11. In the event an Auction involves one Lot, the Auction shall consist of one Bidding.
12. In the event an Auction involves more than one Lot, the Auction shall consist of as many Biddings as there are Lots presented within the Auction. Furthermore, if the Specific Terms for the given Auction so provide, then upon the close of the Bidding for the particular Lots in the Auction additional Biddings for some or all of the Combinations of Lots in the given Auction may be held.
13. In the Bidding process the Users shall place Bids regarding the sale price of the given Lot, Lots or Combination of Lots included in the Auction. A placed Bid shall cease to be a binding offer upon the placement of a more favourable Bid by another User.
14. A User who places the Best Offer during the Bidding shall be deemed the Buyer and shall thereupon be obliged to purchase the given Lot or Combination of Lots from the Seller pursuant to the General Terms. The Buyer shall be informed by Bid24 via e-mail of the fact that his Bid was the Best Offer in the Bidding not later than within 1 (one) business day following the close of the Bidding as well as receive the documents necessary for the Buyer to pay the price for the auctioned Lot or Combination of Lots and the markup charged by Bid24. If the user does not receive information regarding whether his Bid was or was not deemed the Best Offer within 1 (one) business day following the close of the Bidding, the User shall be obliged to verify that information via his account on the Auction Portal where Bid24 posts such notifications as well as the aforementioned documentation for the Buyers to be able to pay the price for the auctioned Lot or Combination of Lots and the markup charged by Bid24.
15. The price for the auctioned Lot or Combination of Lots as well as the markup charged by Bid24 shall be increased by the currently applicable rate of the Value Added Tax (VAT). The application of a different rate of taxation pursuant to applicable regulations shall be contingent on the presentation of documents required by the aforementioned regulations to Bid24, and in the case of EU entities – the confirmation of VAT-EU registration. Specific Terms of the given Auction may stipulate that Bid24 charges the applicable VAT amount from the Buyer in the form of a deposit which shall be refunded upon presentation of the legally required documentation justifying tax exemption.
16. Unless the Specific Terms stipulate otherwise, payment of the price for the auctioned Lot or Combination of Lots as well as the markup charged by Bid24 should be made via fast bank transfer in order to ensure that his funds are credited to the account of Bid24 not later than within 48 hours following the receipt of a pro forma invoice by the Buyer.
17. The Buyer shall be bound by the placed Bid for a period of three (3) business days following the lapse of the term of payment of the price for the auctioned Lot or Combination of Lots and the markup charged by Bid24 specified in Clause 5.14 hereinabove.
Purchase of a Lot
1. The Buyer shall purchase the auctioned Lot or Combination of Lots from the Seller.
2. Conclusion of an agreement of sale between the Buyer and the Seller shall take place upon:
  1. payment of the pro forma invoice received from Bid24 by the Buyer – if such payment is made within the period of time in which the Buyer is bound by the placed Bid as specified in Clause 5.17 hereinabove; or
  2. acceptance of the Buyer’s Bid by Bid24 acting on behalf of the Seller pursuant to Clause 6.6 hereinabove.
3. In the event of Buyer’s purchase of a Lot or Combination of Lots from the Seller, the Seller’s liability for any defects in the Lot or Combination of Lots on account of Seller’s guarantee shall be excluded. The exclusion or limitation of liability on account of liability shall be null and void in the event the Seller fraudulently conceals a defect from the Buyer.
4. The Buyer is obliged to pay the price for the auctioned Lot or Combination of Lots and the markup charged by Bid24 before the expiration of the payment term specified in the pro forma invoice received from Bid24. Payment shall be made via bank transfer to the account specified by Bid24.
5. In the event the Buyer fails to pay the purchase price of the auctioned Lot or Combination of Lots and the markup charged by Bid24 before the expiration of the payment term specified in the pro forma invoice received from Bid24, the Buyer remains bound by his Bid and is obliged to pay the foregoing. The Buyer’s obligation shall expire upon lapse of the time period in which the Buyer is bound by the placed Bid pursuant to the provisions of Clause 5.17 hereinabove unless Bid24, acting on behalf of the Seller, notifies the Buyer of the rejection of the Buyer’s Bid prior to the expiry of the aforementioned time period via e-mail sent to the e-mail address provided in the Buyer’s user account on the Auction Portal. In the aforementioned situation the Buyer’s Bid shall be null and void.
6. Throughout the time period in which the Buyer is bound by the placed Bid pursuant to the provisions of Clause 5.17 hereinabove, Bid24, acting on behalf of the Seller, shall be authorized to accept Buyer’s Bid by delivering a statement via e-mail sent to the e-mail address provided in the Buyer’s user account on the Auction Portal. An agreement of sale shall thereupon be deemed to have been concluded and the Buyer shall be unconditionally obliged to pay the purchase price of the auctioned Lot or Combination of Lots and the markup charged by Bid24. In the event of Buyer’s failure to pay within three (3) days following the acceptance of the Bid by Bid24, Bid24, acting on behalf of the Seller, shall be entitled to withdraw from the agreement of sale concluded as described above. The foregoing right to withdraw from the agreement of sale shall be exercised not later than within ten (10) days following the lapse of the payment term specified in the preceding sentence, by delivering a statement via e-mail sent to the e-mail address provided in the Buyer’s user account on the Auction Portal.
7. The day when the funds are credited to the bank account of Bid24 shall be deemed the date of effective payment.
8. VAT invoices shall be issued in accordance with the Buyer’s current identification details as disclosed in his user account on the Auction Portal. In the event of a subsequent request from the Buyer to have the VAT invoice amended, Bid24 reserves the right to charge a handling fee of EUR 10 net plus applicable VAT tax.
Collection of Lot or Combinations of Lots
1. Buyer’s Collection of the Lot or Combination of Lots from the Seller shall take place at the location, time and under the conditions laid down in the Specific Terms. Handover of the Lot or Combination of Lots to the Buyer shall be contingent upon the payment of the purchase price for the auctioned Lot or Combination of Lots as well as the markup charged by Bid24 pursuant to the provisions of Clause 6 hereinabove.
2. Unless the Specific Terms provide otherwise, any and all costs related to the collection of the Lot or Combination of Lots, including transportation, dismantling and other, shall be borne by the Buyer.
3. Dismantling and loading of the Lot shall take place according to the Specific Terms. The Buyer shall be obliged to cover the costs in question. Furthermore, in the event that it is the Buyer who performs dismantling and loading, the Buyer shall be obliged to do so pursuant to the applicable legal regulations (e.g. in the case of dismantling cooling devices the Buyer needs to be qualified to evacuate Freon gasses) and in the event of improper handling by the Buyer, Bid24 shall be entitled to stop the dismantling process. The Buyer shall be obliged to cover the costs of any damage arising in connection with improper handling during dismantling.
4. The Buyer shall be responsible to verify the given Lot and its technical condition upon collection of said Lot.
5. The Buyer shall not be entitled to deny the collection of a Lot due to its technical condition unless the technical condition thereof significantly deteriorated between the viewing day and the collection day of said Lot. In the latter case the Buyer shall be entitled to withdraw from the agreement of sale within two (2) days following the lapse of the time period provided for collection. In the event the Buyer exercises the aforementioned right, Bid24 shall refund the Buyer for the paid purchase price of the auctioned Lot as well as the markup charged by Bid24. The above does not exclude the right of Bid24 to place the aforementioned amount under court deposit in the event of justified doubt as to the effectiveness of such withdrawal.
6. In the event the Buyer does not appear to collect the Lot or Combination of Lots at the specified time and place or refuses to collect the Lot or Combination of Lots without justification, Bid24, acting on behalf of the Seller, shall be entitled to withdraw from the agreement of sale not later than three (3) days following the lapse of the time period provided for collection by delivering a statement to the Buyer’s e-mail address. In the aforementioned case Bid24 shall refund the Buyer for the purchase price paid for the auctioned Lot or Combination of Lots and the markup charged by Bid24 shall be retained on account of liquidated damages.
7. During the collection of the Lot or Combination of Lots the Buyer is obliged to confirm his identity upon request of Bid24 or the Seller.
8. Upon collection of the Lot or Combination of Lots the Buyer and the Seller shall prepare and sign a document confirming the handover of the Lot with no reservations.
9. Bid24 shall hand over the funds paid by the Buyer on account of the purchase price for the auctioned Lot or Combination of Lots upon receipt of the document confirming the handover of the Lot or Combination of Lots with no reservations, signed by the representatives of the Seller and the Buyer.
Liability
1. Bid24 makes every reasonable effort in order to secure the Auction Portal against data loss, unlawful disclosure of information and any other situations that may constitute unlawful action by third parties. Bid24 implements and maintains up to date appropriate technical resources in line with the current state of technological progress.
2. Bid24 shall not be liable in any way for any stoppage or delays in the functioning of the Auction Portal arising in connection with technical failures on the part of suppliers of IT services supporting the Auction Portal, including in particular in the area of the accessibility or capacity of the IT network. Bid24 shall not be liable in any way for the clarity or accuracy of voice or text messages (SMS), effectiveness of delivery of e-mails sent to the e-mail addresses of Users indicated in the Auction Portal, and also other technical issues that may influence the execution and effectiveness of telephone and SMS connections. In particular, Bid 24 shall not be liable for discontinuation, suspension, distortion, quality and other technical parameters of telephone connections. The User shall be obliged to regularly verify the information posted in his account in the Auction Portal.
3. Bid24 shall not be liable in any way for any events preventing Auctions from taking place in an appropriate way that Bid24 could not envisage or avoid, in particular in the event of random acts or acts of force majeure.
4. Bid24 shall not be liable in any way for any taxes and other fees and public duties which may be imposed on the User in connection with his use of the Auction Portal and the participation in Auctions.
5. Bid24 shall not be liable in any way for any loss of data, corruption of files, unauthorized access to computers or files, computer viruses spreading via the Auction Portal or other illegal programs and files as well as other threats that may appear on the Auction Portal of which Bid24 is not aware.
6. The Bid24 website may contain hyperlinks to other websites. Bid24 does not control and has no influence over the contents and functionality of such websites and therefore shall not assume any liability in the above respect.
7. Users are obliged to observe the Privacy Policy of the Auction Portal.
8. Any liability on the part of Bid24 which arises, or may arise, in connection with the operation of the Auction Portal and pursuant to these General Terms shall be restricted solely to actual damage (with the exclusion of liability for lost profit) and only in the event such damage is caused intentionally by Bid24. In no event can the amount of the aforementioned liability exceed the amount of the markup charged by Bid24 on the given Bidding, and in no way more than EUR 1,000.
Complaints and inquiries
1. Any and all complaints and inquiries regarding the Auction process may be submitted throughout the period of the Auction and one (1) business day following the close of the Auction.
2. Any complaints submitted after the lapse of the aforementioned time period shall not be handled.
3. Buyer’s collection of the Lot or Combination of Lot from the Seller shall be equivalent to a waiver of any and all claims the User may have against Bid24.
4. Complaints should contain a detailed description and specification of reasons for the complaint and should be sent to [email protected] . Complaints should be formulated in Polish or in English.
5. Complaints shall be handled within up to three (3) business days following the receipt thereof by a committee appointed by Bid24. The committee shall handle all complaints pursuant to these General Terms. The decision of the committee shall be communicated to the User via e-mail sent to the e-mail address indicated on the User’s account on the Auction Portal.
6. Following the termination of the complaint procedure, a User shall be entitled to pursue his claims before a common court with jurisdiction over the registered office of Bid24.
Personal Data
1. By providing Personal Data during Registration or using the services of the Auction Portal the User consents to the processing of the Personal Data provided to Bid24 by Bid24 and other entities cooperating with Bid24 in the operation of the Auction Portal for the purpose of:
  1. verification of the User,
  2. conducting Auctions,
  3. undertaking any other activities aimed at concluding an agreement between the Seller and the User,
  4. marketing and advertising of the Auction Portal by means of post, newsletters, text messages, telephone and other forms of marketing that may be employed by Bid24,
  5. preparation of analyses and statistics.
2. Bid24 is the Data Controller. Disclosure of Personal Data is voluntary. Any disclosing person shall be entitled to view and correct their data.
3. In case of change of ownership or control of the Auction Portal the User hereby consents to have his Personal Data handed over to the new owner or controller of the Auction Portal.
4. The User hereby confirms and guarantees the accuracy, completeness and correctness of the Personal Data disclosed via the Auction Portal. In the event of change in the User’s Personal Data, the User shall be obliged to notify Bid24 of such changes.
Changes to the General Terms
1. Bid24 reserves the right to unilaterally introduce changes to the General Terms including a temporary suspension of the operation of the Auction Portal.
2. Bid24 reserves the right to introduce changes to the General Terms. Changes shall enter into force upon disclosure in the Auction Portal.
Miscellaneous
1. The General Terms are available in digital form on the website of the Auction Portal and in print in the registered office of Bid24.
2. These General Terms shall be governed by the provisions of Polish law.
3. The provisions of the Civil Code shall apply in all issues not regulated by these General Terms, with the exclusion of the Vienna Convention of the united Nations on Contracts for the International Sale of Goods.
4. In the event any of these General Terms are considered invalid or unenforceable, Bid24 shall replace them with such new provisions that reflect the original intent of the invalid or unenforceable provisions to the highest extent permitted.
5. These General Terms and the Specific Terms of the individual Auctions have been formulated in Polish which is the sole official language for the General Terms and the Specific Terms. In the event of any discrepancies between the language versions of the General Terms or the Specific Terms, the Polish language version shall prevail.
6. Any and all disputes arising in connection with the contents or the application of the General Terms shall be submitted to a common court with jurisdiction over the registered office of Bid24.

General Terms of Auctions

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