| 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. |
| 2.1 | 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. |
