Auction rules

General Conditions
1. These rules govern the organisation and conduct of online auctions for the resale of vehicles, number plates, rims and tyres on the website autoa.bid and apply to legal and natural persons offering their vehicles, number plates, rims or tyres for sale, as well as to Buyers submitting offers for the purchase of vehicles, number plates, rims or tyres belonging to the Sellers and offered by the Sellers (hereinafter referred to as "the Rules").
2. Terms and definitions used in these Rules include:
  Auctioneer – VDB Digital Group, UAB, company code: 305904859, address: V. Nagevičiaus g. 3, LT-08237 Vilnius, phone number: +370 (656) 11 136, email: [email protected].
  Auction – a platform operating at the Internet address https://autoa.bid, designed to help the Buyer to buy and the Seller to sell a registered Vehicle, Vehicle registration number(s), rim(s) or tyre(s).
  Vehicle – a vehicle owned by the Seller, which the Seller (its owner) is free to dispose of without restrictions and which the Seller seeks to sell at the Auction. In the event that the Seller submits more than one vehicle to the Auction, the term "Vehicle" shall be understood in the plural.
  Auction Item shall be a vehicle, vehicle registration number, rim(s) or tyre(s) owned by the Seller without restrictions on the Seller's (its owner's) disposal and which the Seller seeks to sell at the Auction. In the event that the Seller submits multiple vehicles or multiple vehicle number plates, rims or tyres to the Auction, the term "Auction Item" shall be understood in the plural. The Auction created shall be approved by the Auctioneer within one working day.
  Editing of the Auction – Before the Auctioneer (Auction Administrator) approves the Auction, the Seller shall have the right to edit the details of the Auction Item. In the event that the Auction has already been approved, the Seller shall not have the right to edit the details of the Auction Item and the Seller accepts such responsibility.
  Removal of the Auction – if the Auction is not confirmed, the Seller shall have the right to contact the Auctioneer by email and request the removal of the Auction. In the event that the Auction has already been confirmed, the Auction cannot be removed and the Seller accepts such responsibility.
  Auction Participant – a natural or legal person of legal age who has registered on the website autoa.bid in accordance with the established procedure and who is familiar with these Rules – the Buyer or the Seller. In order to participate in the Auction and to create Auctions, the Auction Participant must take the following steps: (i) register on the website autoa.bid, (ii) confirm his/her email address and telephone number and (iii) pay a non-refundable Entry Fee of EUR 30 (thirty). If the Auction Participant only wishes to sell the Auction Item and does not place bids, the Entry Fee shall not apply.
  Auction Winner – means the Buyer who has offered the highest price in the Auction for the Auction Item, which is equal to or exceeds the Reserve Price set by the Seller, or which the Seller accepted during the negotiations.
  Participation in the Auction – actions that create rights and obligations for the Auction Participant as set out in the Rules, the non-performance of which may subject the Auction Participant to the liability provided for in the legal acts and these Rules.
  Entry Fee – means a non-refundable administration fee of EUR 30.00 (thirty), which the Auction Participant wishing to place a bid must pay through the PAYSERA payment collection system or any other similar system on the Website and which, in the event of winning, will be included in the Auction Success Fee. No such Entry Fee will apply to the sale of the Auction Item. The Entry Fee paid allows for an unlimited number of bids on an unlimited number of Auctions. If the Auction Participant does not win the Auction(s), the Entry Fee shall remain in the Virtual Wallet of the Auction Participant.
  Negotiations – after the Auction has ended and the Reserve Price has not been reached or the Reserve Price has not been set, the negotiations shall take place between the Buyer who placed the last bid and the Seller. The negotiations shall take place for 48 (forty-eight) hours from the end of the Auction. During this time, the Buyer and the Seller may make price offers to each other (an unlimited number of times). Alternatively, the Buyer and the Seller shall have the option of simply accepting or rejecting the price offer early. In the event that either party fails to take a decision within 48 (forty-eight) hours, the Auction shall be deemed not to have taken place.
  Auction Time – the Seller shall choose the time period for hosting the Auction Item in the Auction, which shall be between one and ten calendar days.
  Repeat Auction – the Auction Item may be offered for sale in the Auction an unlimited number of times.
  Seller – an Auction Participant registered in accordance with the established procedure, who offers the Auction Item belonging to him/her in the Auction.
  Buyer – an Auction Participant registered in accordance with the established procedure, bidding for the Auction Item in the Auction.
  Reserve Price – means the minimum price specified by the Seller when creating the Auction listing, upon reaching which the Seller undertakes to sell the Auction Item. If the specified amount is not reached, the Seller has no obligation to sell the Auction Item.
  Website – the website autoa.bid.
  Success Fee – means the fee payable by the Auction Winner to the Auctioneer for its administration services within 2 (two) calendar days from the date of winning the Auction.
  Virtual Wallet – means a balance account held by an Auction Participant and located on the Website, which can be replenished through the PAYSERA payment collection system or any other similar system on the Website, and which will only be used for the following purposes: (i) for the Success Fee in the event of an Auction being won; (ii) for liquidated damages; (iii) for payment of the Entry Fee; and (iv) for the possibility of a refund if the Auction Item does not match its description or condition.
3. Under the Civil Code of the Republic of Lithuania, the Rules, once read, become an agreement between VDB Digital Group, UAB and the Auction Participant.
4. In the event that certain features and additional options of the Website are unavailable, then the Buyer or Seller will need to do the following in order to participate in the Auction: (i) create an account in accordance with the procedure established on the Website; (ii) confirm their email address and telephone number; and (iii) pay the Entry Fee if they wish to place a bid.
5. The Auctioneer shall enter into a contract with the Buyer and the Seller for participation in the Auction and shall only act as an intermediary between the Seller of the Auction Item and the Buyer wishing to purchase the Auction Item advertised on the Website, and shall not purchase the Auction Item on its own behalf. The sale and purchase agreement for the Auction Item is concluded directly between the Buyer and the Seller. The Auctioneer is not a party to the sale and purchase agreement, does not assume the rights and obligations arising from the sale and purchase agreement and does not act as a representative of the Buyer and/or the Seller. The Auction Winner shall pay the Seller directly for the purchased Auction Item. The Auction Participant's money in the Virtual Wallet shall not be used for the purchase and sale of the Auction Item.
6. The Auctioneer does not accept any terms and conditions of the Buyer or the Seller that do not comply with these Rules and such terms and conditions shall not be deemed to form part of the contract.
7. The Buyer, by bidding his/her price for the Auction Item, agrees to the validity of these Rules and is aware that he/she has no right to withdraw his/her bid.
8. Both the Seller and the Buyer accept the validity of these Rules.
Signing the Agreements
1. Based on the Rules, it is considered that agreements between the Auctioneer and the Buyer and between the Auctioneer and the Seller are concluded properly if the Buyer and/or the Seller are registered in accordance with the procedures described in these Rules.
Registration of Auction Participants
1. The Auction Participant may only use the Website after having registered using the registration form or using external authentication systems, including but not limited to Google and Facebook, and after having completed the following steps:
  1. A confirmation link is received by email and must be activated.
  2. In order to participate in the Auction, the mobile phone number of the Auction Participant must be confirmed and once confirmed, Auctions can be created, but no bids can be placed. In order to place bids, the Entry Fee must be paid.
2. The registration form must be filled in by the Auction Participant himself/herself or his/her duly authorised representative, who, when submitting the documents provided for in the registration procedure and confirming his/her acceptance of the Rules, must be duly authorised to carry out the aforementioned legal actions, and who guarantees the authenticity and completeness of the documents and data provided to the Auctioneer and undertakes to inform the Auctioneer without delay of any changes to the personal and other data or the documents submitted during the registration process. The exact list of data to be provided is set out in the registration form which the Auction Participant must complete when registering for the Auction. In the event that false, inaccurate, misleading or incomplete data is provided during or after registration, the Auctioneer shall be entitled to immediately cancel the Auction Participant's registration and to delete the data of such Auction Participant and/or restrict the ability to take part in the Auction.
3. The Auction Participant shall have only one registration.
4. The Auction Participant is aware that the Auctioneer is not obliged to verify the accuracy of the data and documents, but has the right to verify the accuracy and completeness of the information provided in the registration form and the documents at any time, and has the right to select one of the following options in the event of any inaccuracy or lack of completeness of the information or documents provided:
  1. reject the registration request and shall not be obliged to notify the Auction Participant of the rejection;
  2. allow for clarification of information / submission of valid documents;
  3. temporarily or permanently prohibit access to the Website.
  In all such cases (3.4.1. - 3.4.3.), the Auctioneer shall not be liable for any loss (direct or indirect) suffered by the Auction Participant.
5. The Auction Participant agrees that before participating in the Auction, he/she must check the Auctioneer's service fees, which are subject to change, and by participating in the Auction, he/she agrees to them.
6. By registering on the Website, the Auction Participant confirms that he/she accepts all the rules/regulations/policies contained herein and undertakes to abide by these Rules.
Rights and Obligations of the Auctioneer
1. The Auctioneer undertakes to ensure the smooth operation of the Website and, if necessary, to ensure the immediate elimination of any interruptions in the operation of the Website, but shall not be liable for any communication failures, the Auction Participant's actions on the Website, and the intentional / unintentional entry of misleading data or bids not related to the Auction by the Auction Participant.
2. The Auctioneer undertakes to ensure the security of the data submitted to it in accordance with the requirements of the GDPR (General Data Protection Regulation) and the legislation of the Republic of Lithuania.
3. The Auctioneer shall have the right to verify, upon suspicion or at random, that the Auction Item offered for sale in the Auction has all the documents required by the European Union for the registration of the Auction Item.
4. The number of bids for each Auction Item shall be unlimited, and bidding shall remain open until the close of the Auction in question.
5. Unless otherwise stated, the price of the Auction Item is inclusive of VAT and all other taxes payable by the Seller of the Auction Item.
6. If the Auction Winner wins the Auction, the Auction shall close and the sale of the Auction Item shall then proceed.
7. In the event of a breach of the Rules by the Auction Participant, including non-performance of monetary obligations, the Auctioneer shall be entitled to pass on the Auction Participant's information to the debt collection company UAB "Julianus Inkaso", company code: 300115639, and the Auction Participant agrees to this provision by becoming familiar with the Rules.
8. The Auctioneer shall be entitled to recover the debt when the Auction Participant fails to fulfill its obligations under the Rules and the Auctioneer performs the service - the Auction Participant wins the Auction organized by the Auctioneer.
9. An Auction Participant wishing to withdraw his/her unused funds from the Virtual Wallet must contact the Auctioneer by email, indicating the account from which the transfer was made. Upon receipt of such a request, the Auctioneer shall, within 7 (seven) working days, transfer the funds to the account specified by the Auction Participant.
10. The Auctioneer, without the prior consent of the Auction Participant, shall be entitled to place the Auction Item and its technical characteristics on social networks, such as Facebook, Instagram and others in order to promote the Auction Item and the Auction Participant agrees to such actions by the Auctioneer.

Rights and Obligations of the Buyer

The Buyer undertakes to purchase the Auction Item if his/her bid was the last and the bid amount was equal to or higher than the Seller's Reserve Price. In the event that the Reserve Price of the Auction Item has not been reached, this shall be subject to the approval of a separate transaction by the Seller.
Prior to the purchase of the Vehicle, the Buyer shall have the right, if the Seller has provided the VIN number of the Vehicle, to check the Vehicle using the integrated VIN history check system at www.carvertical.lt.
If the Vehicle was not as described on the Website or if the Buyer only became aware of material latent defects in the Vehicle after the Buyer physically visited the Vehicle, the Buyer may refuse to purchase the Vehicle. In this case, the Buyer shall be refunded the money to his/her Virtual Wallet. The Buyer shall report this immediately (at the latest within 1 (one) working day from the moment of such occurrence) by e-mail: [email protected]. The notification must be accompanied by photographs or videos proving the deficiencies and request a refund of the Success Fee. The photographs or videos must show the Vehicle identification number (VIN) or registration number and the deficiencies themselves, so that it can be established that the deficiencies belong to this particular Vehicle. A description of the deficiencies without photographs or videos is not sufficient: such a claim is considered unjustified and the Success Fee is not refunded. If the Buyer's claims are justified, the refund shall be credited to the Buyer's Virtual Wallet within 7 (seven) calendar days from the date of the request. In the event that no hidden defects are found in the Vehicle, the Buyer shall be obliged to purchase the Vehicle. In the event of a breach of this obligation, the Buyer shall be liable to pay liquidated damages to the Auctioneer in the amount of the Success Fee.
The Buyer undertakes not to withdraw its bid or reduce its bid price for the Auction Item of interest.

If the Buyer wins the Auction, the Buyer is obliged to pay within 2 (two) calendar days from the Virtual Wallet to the Auctioneer the following Success Fee, the amounts of which are indicated below:

Auction Item sale price (€)	Amount of Success Fee (based on % of the price of the Auction Item)
1 € – 3 000 €	6% (min. 5 €)
3 001 € – 5 000 €	5%
5 001 € – 10 000 €	4.5%
10 001 € – 15 000 €	4%
>15 001 €	2%

The Buyer, having become the winner of the Auction, undertakes within 7 (seven) calendar days to enter into a sale and purchase agreement for the Auction Item with the Seller of the Auction Item and to pay the price of the Auction Item offered by the Buyer and confirmed at the Auction to the account specified by the Seller of the Auction Item or in cash during the specified time and to collect the Auction Item on the agreed date. In case of breach of this obligation, the Auctioneer shall be entitled to charge the Auction Participant a penalty of EUR 30.00 (thirty) per day from the Buyer's Virtual Wallet for each calendar day of the breach, during which there is a delay in: (i) concluding a sale and purchase agreement for the Auction Item with the Seller of the Auction Item; or (ii) paying to the Seller the price of the Auction Item as confirmed in the Auction; or (iii) collecting the Auction Item within 7 (seven) calendar days.
In the event that the Buyer wins the Auction and, within 7 (seven) calendar days from the end of the Auction, renounces the win, i.e. does not purchase the Auction Item in accordance with the procedure set out in these Rules, the Auction shall be deemed to be cancelled and the administrative Auction fee paid by the Buyer shall not be refunded to him/her.
The Buyer undertakes not to modify the Website in any way, not to use the Auction system for fraud or for any illegal actions or transactions and undertakes not to pass on his/her login data and passwords to third parties and not to violate the rights and legitimate interests of third parties.
The Buyer is responsible for keeping his/her login details confidential and for the actions of others who have used his/her login details, and confirms this by accepting the Rules.
By using the Website, the Buyer undertakes not to upload, send or otherwise distribute any data infected with computer viruses or those with tracking programs / other malicious programs.
The Buyer undertakes not to make payments, transactions and other actions that cancel, restrict or otherwise interfere with the operation of the Website, the operation of the user programs, the operation of computers and means of communication.
The Buyer is prohibited from disseminating information and materials the content of which is contrary to law, infringes or harms the interests of third parties, or is defamatory or insulting.
The Buyer accepts responsibility for any breach of the provisions of these Rules and agrees that in the event of a breach of the Rules, the Auctioneer shall be entitled to temporarily or permanently block (and may subsequently unblock) the Buyer's access to the Website without any limitation, without recourse to legal remedies and without providing reasons for its action.
If the Buyer no longer wishes to participate in the Auctions and if there are any funds remaining in his/her Virtual Wallet, he/she may request that the Auctioneer return them to the Buyer's bank account by notifying the Auctioneer by email to [email protected]. The Auctioneer shall return the balance of funds (excluding the Entry Fee) to the Buyer within 7 (seven) working days at the latest to the bank account specified by the Buyer.

Rights and Obligations of the Seller
1. The Seller shall comply with the requirements set by the Auctioneer regarding the submission of information and documents when placing the Auction Item on the Website:
  1. The Seller undertakes to publish on the Website true, verified and correct information about the Auction Item offered for sale, its defects (if any) and about itself and guarantees that the Auction Item offered for sale by it will have all the documents required for the registration of the Auction Item in the European Union.
  2. If the Auction Item to be sold has been imported from outside the European Union, it must have gone through all the necessary procedures and have all the documents appropriate for registration in the European Union (e.g. a vehicle imported from the United States of America must have a roadworthiness certificate, a licence to operate the vehicle and a customs declaration).
  3. If an Auction Item does not meet the conditions set out in clauses 6.1.1 and 6.1.2 above, this shall be noted in the description of the Auction Item hosted on the Website. In the event of a breach of this obligation, the Seller undertakes to pay to the Auctioneer a penalty of EUR 200.00 (two hundred) within 7 (seven) calendar days of the date of demand.
2. The Seller warrants that the Auction Item offered for sale by him/her in the Auction shall be free from all encumbrances: it is not mortgaged, pledged, attached, assigned to third parties or otherwise encumbered, and is not the subject of any litigation before any court / arbitration institution / ad hoc arbitration proceedings, and that he/she is not aware of any circumstances that would prevent his/her Auction Item from being eligible for the Auction.
3. The Seller undertakes not to sell or otherwise transfer and/or pledge or otherwise restrict the disposal of the Auction Item until the Auction has ended in order to enable the Auction Item to be duly transferred to the Auction Winner, if there is one. If, at the end of the Auction, it becomes apparent that the Auction Item has already been sold or otherwise disposed of or encumbered (pledged, etc.), the Seller shall be obliged to pay liquidated damages of EUR 200.00 (two hundred euro) to the Auctioneer by replenishing his/her Virtual Wallet from which the liquidated damages shall be debited by the Auctioneer within 48 hours.
4. The Seller undertakes to conclude a sale and purchase agreement for the Auction Item within 7 (seven) calendar days from the date on which the Buyer/Auction Winner has contacted the Seller for the purchase of the won Auction Item and to hand over the Auction Item to the Buyer/Auction Winner upon receipt of payment. In the event that the Seller fails to hand over the Auction Item to the Buyer within 7 (seven) calendar days, the Seller shall be liable to pay liquidated damages of EUR 200.00 (two hundred) to the Auctioneer by replenishing his/her Virtual Wallet from which the liquidated damages shall be debited by the Auctioneer within 48 hours.
5. In the event that hidden defects have been found in the Auction Item and as a result the sale transaction between the Buyer and the Seller has not taken place, the Seller shall pay to the Auctioneer, within seven (7) calendar days from the date of the Auctioneer's request, liquidated damages of EUR 200.00 (two hundred), by replenishing his/her Virtual Wallet, from which the liquidated damages shall be debited by the Auctioneer within 48 hours.
6. The Seller undertakes not to modify the Website in any way, not to use the Auction system for fraud or any illegal actions or transactions and undertakes not to pass on his/her login data and passwords to third parties and not to infringe the rights and legitimate interests of third parties.
7. The Seller shall be responsible for keeping his/her login details secret and for the actions of others who have used his/her login details and confirms this by accepting the Rules.
8. By using the Website, the Seller undertakes not to upload, send or otherwise distribute any data infected with computer viruses or that contains tracking programs/other harmful programs.
9. The Seller undertakes not to make payments, transactions and other actions that cancel, restrict or otherwise interfere with the operation of the Website, the operation of the user's applications, the operation of computers and means of communication.
10. The Seller is prohibited from disseminating information and materials the content of which is contrary to the law, violates or harms the legitimate interests of third parties, or is defamatory or offensive.
11. The Seller accepts responsibility for any breach of the provisions of these Rules and agrees that in the event of a breach of the Rules, the Auctioneer shall be entitled to temporarily or permanently block (and may subsequently unblock at its sole discretion) the Seller's access to the Website without any limitation, without recourse to legal remedies and without providing reasons for its action.
12. The Seller may not terminate an Auction procedure which has been commenced before its completion.
Liability
1. Claims for defects/deficiencies of the Auction Item cannot be made against the Auctioneer.
2. The Auctioneer does not influence the content of other websites; therefore, the Auctioneer accepts no liability when the Website contains a link to another website. This provision applies to all links and their content on the Website.
3. The Buyer and/or Seller shall be liable for any illegal, false, misleading or unlawful content on the Website and shall release the Auctioneer from any liability.
4. By accepting these Rules, the Buyer and/or Seller shall indemnify the Auctioneer and each other against any loss suffered by them as a result of a material breach of the Rules, including but not limited to failure to perform contractual obligations in a timely manner.
5. The Auctioneer shall not be liable for non-performance of its contractual obligations in the event of causes beyond its control which cannot be foreseen or avoided, such as: natural disasters (flood, fire, earthquake, pandemic viruses), social unrest (wars, coups, strikes) or the enactment of any laws or regulations which complicate, restrict or prohibit the Auctioneer's activities. The Auctioneer shall notify the Auction Participant as soon as possible of the occurrence of Force Majeure events and shall discuss the periods of delay or the termination of the contract.
Protection of Personal Data
1. The Auctioneer undertakes to process and use the personal data of the Auction Participant only for the purpose of the proper performance of its activities. The use of personal data for advertising purposes is only permitted with the prior consent of the person whose personal data is to be used.
2. When organizing Auctions, the Auctioneer shall collect, store and process data in accordance with the legal requirements.
3. When the Buyer or Seller browses the Website and accepts the Cookie Policy, the IP address of their computer is logged, as well as the date and time of the browsing, the browser type, the operating system of the computer and the pages viewed. This data may be technically transmitted to Google Analytics, Meta Analytics and similar analytics providers, if such functions are available or have been integrated into the Website.
4. The Auctioneer shall ensure that personal data as provided for in the Privacy Policy shall not be transferred to third parties and shall be retained only for as long as the purpose for which it was provided to the Auctioneer is fulfilled, in accordance with the time limits set by law, except as otherwise provided in the Rules.
5. In the event of disagreement with the storage of personal data and upon receipt of such a request, the Auctioneer shall, in accordance with the law, initiate the deletion, correction or blocking of the data.
6. The Auctioneer shall provide the data stored by it in respect of the person who so requests.
Other Auctions
1. If the Vehicle is marked with the “Insurance Auction” label, the Auction Winner undertakes to purchase the Vehicle based on the information in the photos posted in the Auction, understanding that there may be hidden and invisible defects that the Seller and the Auctioneer could not have known about and which were not identified before the Auction, and this cannot be a basis for the Auction Winner to refuse to purchase the Vehicle or reduce the purchase price of the Vehicle.
2. The Seller’s decision on the sale of the Auction Item marked with the “Insurance Auction” label is announced within 20 (twenty) calendar days from the end of the Auction.
Final Provisions
1. All disputes arising from the Rules shall be resolved through mutual negotiations based on the principles of fairness, reasonableness, and justice, and in the event of failure to reach an agreement, in the court of the Republic of Lithuania at the location of the Auctioneer's registered office.
2. The Rules and the contracts concluded under them shall be concluded, executed and interpreted, and disputes shall be resolved in accordance with the legal acts of the Republic of Lithuania.
3. Notifications, warnings or announcements shall be sent to the email addresses specified in the Buyer's and/or Seller's registration forms.
4. Copying the content of the Website is prohibited.
5. The Auctioneer reserves the right to change these Rules by announcing this on the Website. In such a case, it will be deemed that the Auction Participant and the Seller agree to the new Rules and the Privacy Policy.