Autorola.com.au Terms and Conditions |
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1 | Relationship between Autorola.com.au and the site users |
| 1.1 | About Autorola.com.au | | 1.1.1 | Autorola Global Remarketing is responsible for the contents and the operation of Autorola.com.au. The domain is owned by a third party. Autorola.com.au functions exclusively as an auctioneer by making the Autorola.com.au car auction available to buyers and sellers. Autorola.com.au only acts as a middle man to an agreement regarding the purchase or sale of a car. | | 1.1.2 | Once a sale agreement has been established via the Autorola.com.au car auction, or Autorola.com.au's customer centre, or in any other way mediated by Autorola.com.au, the agreement is binding for both buyer and seller. The buyer is obligated to pay the agreed amount and the seller is obligated to supply the agreed vehicle in the condition described. | | 1.1.3 | Once an agreement has been established via the Autorola.com.au car auction or Autorola.com.au's customer centre, the buyer and seller must pay Autorola.com.au the commission applicable at the time the agreement was made, in accordance with Autorola.com.au's price list. This obligation applies whether or not the parties complete the sale, and regardless of the cause (cf. section 1.9). | | 1.2 | User categories and rights | | 1.2.1 | All types of companies and private individuals can register as "users" of the Autorola.com.au car auction. The different types of users are subject to different rights and obligations. | | 1.2.2 | Autorola.com.au reserves the right to deny access to users without further explanation or to make approval of a user subject to special conditions. | | 1.2.3 | Autorola.com.au decides which category each user belongs to and is entitled to transfer a user to another category without notice. | | 1.2.4 | Autorola.com.au is entitled to cancel a user account at any time with immediate effect. Should a user account be cancelled, this will not impact on any sale agreements already established at Autorola.com.au, and the user will continue to be bound by any cars already registered or bids entered. This will be the case unless Autorola.com.au decides otherwise. | | 1.2.5 | All users choose a username and password. These are strictly confidential and must not be passed on to others. Should the user become suspicious that someone else has become aware of their password, they must immediately inform Autorola.com.au, who will block any further access to the account to prevent misuse of the system in the user's name. The user will then receive a new password. The user is always liable in the event that their username and password are misused. | | 1.3 | Title and Owners | | 1.3.1 | Autorola guarantees clear, unencumbered title of all vehicles sold. | | 1.4 | Car description | | 1.4.1 | The car must always be described correctly and exhaustively in relation to the current description procedure completed during registration. None of the required pieces of information may be omitted during the description. All faults, defects and modifications to the car must be described. | | 1.4.2 | Once a car has been registered, the description of the car is binding on the seller, who is obligated to supply a car that fulfils the description. It is not possible to change the description during a running auction. Should the seller discover that the car description is incorrect, they must contact Autorola.com.au immediately. | | 1.4.3 | Autorola.com.au is entitled to demand further information and documentation regarding a car and its description. | | 1.5 | The auction procedure | | 1.5.1 | Autorola.com.au manages the start and close of the auction in all cases. | | 1.5.2 | Autorola.com.au reserves the right to cancel or change scheduled auctions without notice. | | 1.5.3 | Autorola.com.au is entitled to cancel an auction at any time without providing an explanation, and without constituting a basis for monetary claims against Autorola.com.au. Such cancellations may take place both before and during the auction. Completed auctions cannot be cancelled. | | 1.6 | Bidding regulations | | 1.6.1 | Bids entered are binding on the bidding party. The buyer chooses the maximum amount he wishes to bid at the auction. If the bid is less than or equal to the seller's reserve price, the full bid is immediately registered as the highest bid. If the bid is above the reserve price, the reserve price is immediately registered as the highest bid. | | 1.6.2 | When there are two or more bids equal to or above the reserve price, the bidder who has outbid the others (by the fixed bid increment specified on the Prices and commissions page) is entitled to the car. If two bidders enter the same bid, the first bid received will become the highest bid. | | 1.6.3 | If a bid higher than the bid entered has already been made, the bid entered will be immediately outbid. | | 1.6.4 | Bids cannot be reduced or cancelled once they have been made. | | 1.6.5 | All bids entered are recorded and may be stored by Autorola.com.au for as long as Autorola.com.au wishes. | | 1.6.6 | If there are any matters of dispute in relation to a bid, these will be finally decided with binding effect by Autorola.com.au. | | 1.6.7 | Once a bid has been entered on a car which is equal to or above the seller's reserve price, a binding agreement exists between the seller and the highest bidder, and both parties are obligated to complete the sale transaction. Thus the seller is obligated to supply the car in the condition described to the highest bidder, and the highest bidder is obligated to accept and pay for the car. This is also the case if an agreement is arranged through the Autorola.com.au customer centre or by Autorola.com.au in any other way. Regarding the relationship between the seller and the buyer, please refer to section 2. | | 1.7 | Commission regulations | | 1.7.1 | Both the buyer and seller must always pay a commission to Autorola.com.au once a car has attained its reserve price at the auction or an agreement has been entered into in any other way via Autorola.com.au, for example, via the Extended auction or Autorola.com.au's customer centre. The obligation to pay a commission applies whether or not the parties subsequently complete the sale, and regardless of the cause should they fail to do so. | | 1.7.2 | The commission and payment terms that apply at any given time are listed on Autorola.com.au's Prices and commissions page. The auction commission is independent of the sum of the bid and is to be paid directly to Autorola.com.au. | | 1.7.3 | Autorola.com.au's claim for payment of auction commissions and other claims must be paid effectively and cannot be nullified by setting off, nor can a right of retention be exercised in amounts payable to Autorola.com.au. | | 1.7.4 | The auction commission is due for payment no later than five days after the invoice date. Overdue payments may be subject to interest from the due date at the current interest rate. | | 1.8 | Autorola.com.au's intangible rights | | 1.8.1 | All rights relating to the auction system, including all terms, conditions, descriptions, data, procedures and knowhow rest with Autorola.com.au alone. All copyrights, trademarks and all other intangible rights to and relating to the auction system and Autorola.com.au, rest with Autorola.com.au alone. | | 1.8.2 | Any form of copying, replication or other kind of imitation is forbidden. | | 1.8.3 | Users may only use the auction system for correct and lawful participation in the Autorola.com.au car auction. Any violation can be expected to lead to liability and legal prosecution. | | 1.9 | Exemption of liability | | 1.9.1 | Autorola.com.au will not be liable for interruptions to service and faults that have arisen as a direct or indirect consequence of communication errors, data-entry errors, or breakdowns/interruptions to service on the Internet, the auction system servers, hardware or software. | | 1.9.2 | Autorola.com.au will not be liable under any circumstances for consequential damages and indirect losses, including lost profits, income, business opportunities and loss of data, information, etc. Autorola.com.au will also not be liable under any circumstances in the event of force majeure, including factors which Autorola.com.au has no influence over. | | 1.9.3 | In the event that Autorola.com.au is liable, under no circumstances can the compensation claim exceed $1,000, regardless of the size of the loss suffered. | | 1.10 | Handling of personal information | | 1.10.1 | All information about the users which users provide to Autorola.com.au will be treated confidentially and will not be passed on to third parties, except to the extent this is necessary in order to complete a sale transaction. However, Autorola.com.au reserves the right to pass on information where this is required by legislation, government authorities or the courts. Thus Autorola.com.au will only use the information for internal purposes within Autorola.com.au and any affiliated companies. However, Autorola.com.au also reserves the right to use the information in anonymised form, for example in connection with marketing, user surveys, guidelines, etc. | | 1.11 | Choice of law and court of jurisdiction | | 1.11.1 | The relationship between Autorola.com.au and the users is subject to Australian law. | | 1.11.2 | The court of jurisdiction for legal proceedings between Autorola.com.au and the users shall be the Court in Melbourne. However, this does not limit Autorola.com.au's right to bring enforcement proceedings before other courts. Autorola.com.au is also always entitled to choose to bring legal proceedings against a user. | | 1.12 | Printing and typing errors | | 1.12.1 | Autorola.com.au accepts no liability for printing and typing errors. |
2 | The relationship between the buyer and seller |
| 2.1 | This section lays down the conditions which apply to buyers and sellers at the Autorola.com.au car auction. For the legal relationship between Autorola.com.au and the users, please refer to section 1. Relationship between Autorola.com.au and the site users. | | 2.1.1 | Autorola.com.au's role is exclusively to make the auction system available to buyers and sellers. Disputes between the buyer and seller must be resolved between these two parties. Autorola.com.au's right to receive commission is not affected by the parties' failure to complete a sale transaction. This is the case regardless of the reason for the failure. Autorola.com.au can never be made liable for breaches of an agreement by one or both parties. | | 2.1.2 | The terms between the buyer and seller in the Terms and Conditions only apply where the parties have not entered into another agreement. For example, the parties may freely choose an alternative delivery time, delivery location, payment date or payment method. If an alternative agreement cannot be reached, the buyer and seller must observe Autorola.com.au's Terms and Conditions. | | 2.2 | When an agreement has been entered into | | 2.2.1 | Once a car has been sold, the buyer and seller have a mutual obligation to contribute to the completion of the transaction and fulfil their obligations in this regard. | | 2.2.2 | When a car has been sold via Autorola.com.au, the buyer and seller are obligated to print out the contract of sale directly from Autorola.com.au. The contract of sale will also be sent as an email or fax. | | 2.3 | Delivery and the buyer's right of inspection | | 2.3.1 | The buyer collects the car unless agreed otherwise. The pick-up location must be an address notified by the seller, within the postcode area listed under the car description. If the seller does not specify another specific address within the applicable postcode area, the car will be collected from the seller's address. | | 2.3.2 | Delivery must take place no later than 3 days after the sale agreement is entered into. The seller is obligated to allow the buyer to collect the car within the stipulated 3 day deadline, between the hours of 8:30 - 17:30. If the parties cannot agree on a pick-up time, the buyer chooses a time within the applicable period, but must give the seller at least 24 hours' notice. | | 2.3.3 | Before accepting delivery, the buyer is entitled to investigate whether the car matches the seller's description. | | 2.3.4 | If the buyer discovers inconsistencies between the car and the seller's description of the car, the buyer is entitled to a reasonable reduction in the price or, alternatively, to cancel the sale all together. This does not impact on Autorola.com.au's right to a commission. |
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| 1 | Introduction | | 1.1 | Detailed privacy policy for personal information collected by Autorola.
When you use Autorola services we use your personal information. This privacy notice is meant to inform you, the “data subject”, how we use your personal information. Protection of your personal information is important and we encourage you to read this privacy notice. If you have trouble reading this privacy notice or require help to understand it, please contact us (telephone: + 61 3 9020 0820) and we will help you the best we can. We also use cookies. Please click on the Cookie Icon in the bottom left corner of the screen for details on how we use cookies. | | 2 | Contact | | 2.1 | The company collecting your data, known as the data controller, is:
Autorola A/S
Skibhusvej 52A
DK-5000 Odense C
Denmark
Tel: +45 70 20 16 61
E-mail: kundecenter@autocom.dk
Your primary contact and the company processing your data, known as the data processor, is:
Autorola.com.au
Suite 201, 12-14 Cato Street,
Hawthorn East, Victoria 3123
Tel: + 61 3 9020 0820
Email: customercentre@autorola.com.au
| | 2.2 | If you have a complaint regarding the way we treat your information, which we cannot help you with, you should contact the data protection authority:
Office of the Australian Information Commissioner
GPO Box 5218 Sydney
NSW 2001
Tel: 1300 363 992
Website: https://www.oaic.gov.au/
| | 2.3 | Your personal information is protected by law through the Privacy Act 1988. | | 3 | People who sign up to Autorola services | | 3.1 | When signing up as a user of Autorola services you enter into an agreement to which Autorola requires your contact information to honour. Your information will be used for the performance of Autorola services to verify your identity and to provide you with access to relevant IT systems.
Unless there is a legal claim we intend to delete, or anonymize, the data collected from you while browsing our sites 1 year after your last login or 5 years after you last purchased or sold any vehicle or goods. Please allow a margin of time as we do not check for information to delete every day. | | 3.2 | There are certain cases where we share your personal information, collected when signing up to Autorola services, with third parties in order to perform the agreed service. These cases include, but are not limited to, when you sell or purchase vehicles or goods, when you fail to pay legitimate invoices from Autorola, when we invoice, when we refund payment, when asked by the authorities in relation to crime investigations and more.
The categories of recipients are:
- Financial auditors
- Buyer of vehicles or goods you sell
- Seller of vehicles or goods you buy
- Our bank
- Our debt collection company
- Our debt recovery company
- Digital contract signing company
- The authorities
- Our partners hosting our web sites and Internet services
- Our data backup partners
- SMS service providers
- Car parks where you retrieve or deliver vehicles or goods
- Transport companies transporting vehicles to or from you
| | 4 | People browsing our web sites | | 4.1 | We collect information on which pages you visit, which vehicles you look at, which vehicles you add to your favourite list, which campaign brought you to our sites etc. This is used to recommend relevant vehicles to you, for marketing purposes and to optimize the user experience and flow with the goal of improving sales. We also use the information collected to suggest potential buyers to our sales team. | | 4.2 | Unless there is a legal claim we intend to delete, or anonymize, the data collected from you while browsing our sites 1 year after your last login or 5 years after you last purchased or sold any vehicle or goods. Please allow a margin of time as we do not check for information to delete every day.
We have a legal interest in optimizing our sales which we believe is a legal reason to collect and process your information based on your browsing our web sites. | | 4.3 | We use third party services to build anonymous statistics for usage of our websites. We also use cookies. Please see our Cookie Policy for details on how we use cookies. | | 5 | People using Autorola Service Desk or by other means asking for support | | 5.1 | Autorola offers support and help in order to ensure you have a good experience when using our IT systems and services and to ensure you can get issues resolved in a timely manner.
We are always happy to help when you have issues with our services. We have a legitimate interest in helping our customers to use our services.
We use third party systems for tracking our support requests and the personal information you provide for support purposes might be stored at an external partner.
In cases where you request support for a sub system we might have to share the personal information you provide for support purposes in order to get the required support from our partners.
We will delete, or anonymize, the personal information you provide for support purposes a maximum of two years after your request have been resolved. | | 6 | People who misbehave | | 6.1 | We keep an internal record of users who severely misbehave. This can be that they refuse to pay justified buyers or sellers fee, trying to cheat and much more.
This information will be used to assess if can continue to do business with the offending party.
We have a legal interest in keeping our services professional, which very much means that we try to ensure that our buyers and sellers are acting professional. | | 6.2 | In cases where a law has been broken or there is a legal claim, we will share this information with relevant parties like:
This information can also be relevant for financial auditing as it might be used as documentation for loss of profit. In this case the information will be shared with:
| | 6.3 | Unless there is a legal claim, or the offence is so severe that there is legal justification for a longer retention period, we intend to delete or anonymize this information 5 years after you last purchased or sold any vehicle or goods. Please allow a margin of time as we do not check for information to delete every day. | | 7 | People buying and selling vehicles | | 7.1 | When an auction ends, Autorola will try to contact potential buyers as well as the seller and try to negotiate the sale. | | 7.2 | Unless there is a legal claim we intend to delete, or anonymize, the data collected from you after 5 years after you last purchased or sold any vehicle or goods. Please allow a margin of time as we do not check for information to delete every day. | | 8 | People who get a refund | | 8.1 | If we need to refund a payment, we need your bank account information in order to transfer money back to you. You can refuse this if you prefer, but it will mean longer expedition time and that we cannot make a direct transfer. We refund money based on the contractual agreement between you and us, in pursuit of treating you and other customers fair in order to promote future trade and cooperation.
We will share your account information with:
- Our bank
- Financial auditors
Your bank account information will be deleted 5 years after the last refund. Please allow a margin of time as we do not check for information to delete every day. | | 9 | People who refuse to pay | | 9.1 | Under the contractual agreement between our customers and Autorola, Autorola will try to collect overdue payments.
When Autorola and the customer cannot agree on a way of payment, Autorola will use a third party to recover the money and in that case share relevant personal information with the debt recovery company.
Autorola is not a debt collecting company and the purpose of using a third party is to ensure fair treatment of all parties. | | 9.2 | Unless there is a legal claim we intend to delete, or anonymize, the data collected from you 5 years after the last overdue amount was cleared or cancelled. Please allow a margin of time as we do not check for information to delete every day. | | 10 | Your rights | | 10.1 | In accordance with the law you have the following rights in relation to your personal data used by Autorola: | | 10.2 | Right to erasure (“right to be forgotten”)
Autorola will delete or anonymize your personal information when requested. The deletion of your personal data will be done as soon as possible within one month of receiving your request.
Exceptions
Autorola is only obligated to delete your data if Autorola is not obligated by law to keep the information and one of the following applies:
- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
- You withdraw the consent given for the collection and processing, and where there is no other legal ground for the processing;
- You object to the processing for direct marketing purposes;
- Your personal data have been unlawfully processed;
- Your personal data have to be erased for compliance with a legal obligation in law to which Autorola is subject;
| | 10.3 | Right to restriction of processing
Autorola will stop processing your personal data on your request.
Exceptions
Autorola is only obligated to stop processing your data while one of the following applies:
- The accuracy of the personal data is contested by you, for a period enabling Autorola to verify the accuracy of the personal data;
- The processing is unlawful and you oppose the erasure of the personal data and requests the restriction of their use instead;
- Autorola no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
- You have informed Autorola of infringement on your interests, rights and freedoms pending the verification whether the legitimate grounds of Autorola override yours.
| | 10.4 | Right to rectification
If you find that we have wrong personal information let us know and we will correct the information. | | 10.5 | Right of access by the data subject
It is your right to have a copy of the personal data Autorola has on you. We will provide it digitally unless requested otherwise. More rules apply for visibility into your personal data but all the required information should be covered above. The copy of your personal data will be delivered as soon as possible within one month of receiving your request. | | 10.6 | Right to withdraw consent
Where our collection and use of your personal data is based on your consent you can withdraw that consent at any time by contacting Autorola. | | 10.7 | Right to data portability
You are entitled to get a copy of your personal data in a machine readable format. Autorola can also send it directly to another company on your request.
Exceptions
Autorola is only obligated to provide your personal data where:
- The data is provided to Autorola by you,
- The data collection is based on your consent or a contract in which you are a party and
- The processing is carried out by automated means (meaning no information on paper).
| | 10.8 | Right to objection
You have the right to object to any processing in relation to direct marketing and where you believe your rights are being violated or there is threat to your freedom.
Exceptions
Autorola can continue to process your personal information where one of the following applies:
- Autorola demonstrates compelling legitimate grounds for continued processing.
- Autorola must process your personal information to establish, exercise or defend a legal claim.
- The legal basis for the processing is not based on a legitimate interest or done in public interest.
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