General terms and conditions for using bidONE

§ 1 Scope, Definitions

1. These General Terms and Conditions (hereinafter: “GTC”) regulate the conditions for the use of the online platform “bidONE” (hereinafter: “bidONE” or “Platform”) available at www.bidone.de. Deviating, conflicting or supplementary general terms and conditions of the user will not become part of the contract unless the provider expressly agrees to their validity.
2. The operator and provider of the platform is bidONE GmbH, Bödekerstraße 78, 30161 Hanover (hereinafter: “Provider”).
3. “Users” within the meaning of these GTC are natural or legal persons who have opened a user account on the platform subject to these GTC. Users can be both sellers and buyers. The final contract is in German. “Sellers” are users who place a (used) vehicle for sale on the platform as part of an auction. “Buyers” are users who place a bid or offer in a seller’s auction.

§ 2 Service description

1. The provider offers users the opportunity to conclude purchase contracts for (used) vehicles with one another via the platform. Sellers can set up an auction via the platform. Buyers can place bids during the auction and in this way conclude a purchase contract with the seller. Sellers and buyers can also use the platform to enter into negotiations about the purchase price (“price proposal”).
2. The provider only provides the platform and the associated technical and organizational infrastructure. Contracts are concluded exclusively between the users. The provider himself does not become a party to the contracts concluded between users via bidONE. Their fulfillment takes place exclusively between the users. Users are solely responsible for compliance with legal requirements and the content posted on the platform.

§ 3 User account

1. Setting up a user account is required to use bidONE. A user account can be opened by a natural person, a legal person or a partnership. Natural persons must have reached the age of 18 and have unlimited legal capacity. Minors may not register to use bidONE. Legal persons must be represented by their organs. Entrepreneurs or tradespeople must submit a copy of the company owner’s ID (in the case of legal entities, a copy of the managing director’s ID) and a copy of the business registration or an excerpt from the commercial register. When a user account is opened, a contract for the use of bidONE is concluded between the provider and the user subject to these GTC.
2. The user registers independently on bidONE. Registration is free and requires that the user accepts these terms and conditions. There is no right to registration, i.e. the provider can refuse registration without giving reasons. The provider reserves the right not to admit users. He is entitled to exclude users partially, completely or permanently from use or to block user accounts if they contain illegal content or are used illegally. A blocked user is prohibited from registering again. It is not permitted to register more than once or to set up and maintain multiple user accounts. A user account is not transferable.
3. The user is obliged to provide truthful, current and complete information when opening the user account. The data must always be kept up-to-date and correct and can be changed by the user in the password-protected area at any time.
4. The user is solely responsible for all content that he posts on the bidONE platform. He undertakes to the provider not to post any illegal content and to observe the applicable law. The provider reserves the right to remove illegal information, in particular at the request of third parties, without prior notice.
5. The user must keep his password secret and secure his user account against unauthorized access by third parties. If the user has cause for concern that his user account is being misused by third parties, he must inform the provider immediately.
6. In principle, the user can delete his user account at any time, provided that all of the user’s auctions have ended and have been fully completed. An auction is considered closed when confirmation has been received that the buyer’s fee has been paid to bidONE and the purchase price to the seller, and the vehicle has been picked up. Buyer and seller must confirm this process in the “My Account” area. The buyer’s fee paid to bidONE will be confirmed by bidONE GmbH.

§ 4 Conduct of the auction

1. Conclusion of contract in the context of an auction
   1. Sellers can post sales offers as auctions on bidONE. The seller selects the duration of the auction and, if necessary, a “minimum selling price”.
   2. If the seller posts an auction on bidONE, he makes a binding offer to conclude a contract for the subject of the auction. If the seller has set a minimum sales price, the seller’s offer is subject to the condition precedent that the minimum sales price is reached.
   3. The buyer accepts the seller’s offer by submitting his bid. The acceptance is subject to the condition precedent that the buyer is the highest bidder at the end of the auction and that the auction does not end prematurely by accepting a price proposal (§ 4 number 5). If another buyer submits a higher bid during the auction period, the previous bid expires.
   4. The contract for the subject of the auction is concluded between the seller and the buyer who bids the highest after the end of the auction, provided that the minimum sale price has been reached.
2. Contents of the sales offer, requirements for the seller
   1. The content provided by the seller for the sale offer, in particular condition reports, photos and vehicle descriptions must relate exclusively to the subject of the auction and be correct and complete in terms of content. The seller must indicate any defects in the object of purchase that must be disclosed in the vehicle description. Sellers should always provide a current condition report on the vehicle from an officially recognized technical testing organization. At least the “Status report” that can be called up via the platform must be fully completed and deposited. The condition report becomes part of the description of the auction item.
   2. Commercial users (entrepreneurs within the meaning of Section 14 of the German Civil Code) must provide their statutory information obligations during the auction, in particular, for example, information on the existence or non-existence of a statutory right of withdrawal. In addition, the seller must always make it clear that the seller is acting commercially.
   3. Where applicable, sellers must declare applicable sales tax in the auction. The final price and the minimum bid price include any applicable sales tax. The seller may not levy any further compensation from the buyer.
   4. By posting an auction, the seller assures that he is the owner of the object of the auction or can freely dispose of it and provide the buyer with ownership of it. The seller must be able to hand over and transfer ownership of the item to the buyer immediately after the conclusion of the contract. To do this, he must be in possession of the registration certificates Part I, II and any other documents (e.g. CoC) that are to be handed over to the buyer. If the seller is not identified as the keeper of the vehicle, he must also provide proof of his authorization to sell.
3. Early Termination of Auctions
   The seller can only end an auction early if there is an important reason for doing so. Such an important reason exists in exceptional cases, for example, if the object of the auction is lost for reasons for which the seller is not responsible and delivery has therefore become impossible. If the seller ends the auction prematurely for an important reason, no contract is concluded with the highest bidder.
   
   bidONE is entitled to terminate auctions prematurely if there is reason to believe that (a) the auction violates applicable law, (b) the auction was discontinued improperly or (c) there is an official or court order to do so. In this case, the auction ends without a contract being formed between the seller and the buyer.

Price suggestion

The buyer has the opportunity to submit a price proposal to the seller. A price offer can also be submitted if a bid has already been submitted, even if the price offer is below the highest bid. The buyer’s price proposal constitutes a binding offer to conclude a contract for the subject of the auction at the proposed price. If the seller accepts the buyer’s price proposal within the period provided for this purpose, a contract for the subject of the auction is concluded between the parties. The auction is then over.

Contract processing

The processing of a concluded contract, in particular the payment of the purchase price and the handing over of the object of purchase, takes place exclusively between the seller and the buyer. The seller and the buyer agree on the modalities at the latest after the end of the auction. After a successful auction, buyer and seller data will be visible to the other in the “My Account” area.

Fees

1. The buyer has to pay the provider a fee of currently 2.95% of the sales price (including sales tax) upon the conclusion of a contract with the seller. The provider is entitled to change the fee for the future at any time, with changes being announced to users in good time.
2. The fee is due immediately after the conclusion of the contract. A fee invoice is provided by the provider bidONE.
3. Disruptions in performance in the relationship between seller and buyer (e.g. warranty claims, cancellation of the purchase contract, etc.) have no influence on the fee to be paid to the provider in relation to the provider. In particular, the fee does not lapse if the purchase contract is reversed and it is not reduced in the event of a reduction in the purchase price..

Right of cancellation

If you use bidONE as a consumer, you have a right of withdrawal.

Right of withdrawal

Right of cancellation

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day the contract was concluded.

In order to exercise your right of withdrawal, you must send us (bidONE GmbH, Bödekerstraße 78, 30161 Hanover, Tel: +49 511 844 855 11, email: info@bidone.de) a clear statement (e.g. a sent letter or an e-mail) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.

If you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

Sample cancellation form

(If you want to revoke the contract, please fill out this form and send it back.)

• To bidONE GmbH, Bödekerstraße 78, 30161 Hannover, info@bidone.de

I/we () hereby revoke the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ()

• Ordered on ()/received on ()
• Name of consumer(s)
• Address of consumer(s)
• Signature of consumer(s) (only if notification is on paper)
• Date

(*) Cross out what is not applicable.

Liability

1. The liability of the provider towards the user is excluded. However, the operator is liable without limitation for damage caused intentionally or through gross negligence by himself, his employees and vicarious agents, in the case of fraudulent concealment of defects, in the case of the express assumption of a guarantee and for damage resulting from injury to life, limb and health.
2. The provider is only liable for other damages if an obligation is breached, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner can regularly rely. The liability for damages is limited to such damage that is to be regarded as typical for the contract and foreseeable. Any liability under the Product Liability Act remains unaffected.
3. Insofar as the liability of the provider is excluded or limited, this also applies in favor of the personal liability of its legal representatives, executive employees and simple vicarious agents.
4. The guarantee of constant system availability is not promised by the provider, as the nature of the Internet can lead to technical faults and necessary maintenance work. The provider will rectify faults as quickly as possible. The provider is not liable for disruptions caused by the provision of telecommunications or the Internet when establishing the connection to the platform. For the rest, number 1 applies.
5. Content published by users on the platform is not checked by the provider for its legality, correctness and completeness. The provider is not responsible for the content of the users. Users are responsible for the content they post on the platform and release the provider from all resulting third-party claims upon first request.
6. The provider is not liable in connection with disruptions in the contractual relationship between the users.

Term of the User Agreement

1. The contract for the use of the platform is concluded for an indefinite period. It can be terminated by both the provider and the user without observing a notice period. The cancellation of the user account is equivalent to the termination.
2. In the case of an ongoing auction or an ongoing bid, the termination only becomes effective once the auction has ended and been fully processed.
3. The termination of the contract for the use of the platform has no effect on the contracts concluded between users.

Final Provisions

1. Should one or more provisions of the contractual provisions be or become invalid, this shall not affect the validity of the other provisions.
2. The provider is entitled to transfer its rights and obligations under the contract to third parties in whole or in part, subject to one month’s notice. In this case, the user has a special right of termination.
3. The provider can offer the user a change to these terms and conditions at any time. The offer will be sent to the user no later than one month before the planned effective date of the change. If the user does not accept the offer, the provider is entitled to terminate the contract. The same applies if the user rejects the offer.
4. Declarations made by the parties as part of the contract on the use of bidONE must be in text form.
5. The provider is neither willing nor obliged to participate in dispute resolution procedures with consumers before a consumer arbitration board.
6. The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention.
7. If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship is Hanover, whereby the provider is also entitled to sue at the general place of jurisdiction of the user.

Status: 04/20/2023