General terms and conditions

for the use of the www.BIDaCLASSICS.com platform

Status: 20.07.2020 

§ 1 General regulations 

(1) motorido GmbH, Buckesfelder Straße 101, 58509 Lüdenscheid, Germany (Amtsgericht Iserlohn, HRB 8654) ( referred to below as „BIDaCLASSICS“) offers entrepreneurs within the meaning of Section 14 BGB and consumers within the meaning of Section 13 BGB (referred to below as „users“) the opportunity to use the trading platform on an online platform running on the website www.BIDaCLASSICS.de (referred to below as „marketplace“) on a permanent basis in conformity with the requirements of the present terms and conditions under a service contract. 

(2) Entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) is any natural or legal person or partnership with legal capacity who, when concluding this contract, acts in the exercise of their commercial or independent professional activity.

(3) A consumer within the meaning of Section 13 of the German Civil Code (BGB) is any natural person who concludes a legal transaction for purposes that can largely not be attributed to their commercial or independent professional activity.

(4) The present terms of use contain the final terms and conditions between BIDaCLASSICS and the user for the services offered by BIDaCLASSICS within the framework of this service contract. Regulations that differ from these Terms of Use are valid only if they are confirmed in writing by BIDaCLASSICS. 

(5) Changes to these Terms of Use shall be communicated to the User by BIDaCLASSICS in writing, by fax, by e-mail and/or by being displayed when logging into the user account. If the User does not object to such changes within four weeks after receipt of the notification, the changes shall be deemed to be agreed. The user will be informed particularly about the right of objection and the legal consequences of silence in case of a change of the terms of use. 

§ 2 Services of the platform operator 

(1) The marketplace is a platform for buyers and suppliers who are interested in buying and selling new and used vehicles such as Classic cars, Youngtimer, modern Classics, motorcycles, sport cars, race cars and Hypercars (referred to below as „vehicles“).

(2) The platform operator’s services include, but are not limited to:

(a) Providing the possibilities to use the marketplace after the user has been approved according to Section 3; 

(b) Facilitating negotiations and agreements made on the marketplace in accordance with section 4; 

§ 3 Admission and access to the marketplace, payment

1) A prerequisite for the use of the marketplace is approval by BIDaCLASSICS. There is no entitlement to admission or use of the marketplace.

(2) The user can use the „Register“ button to create a user account and thus apply for admission. In doing so, he must provide his data (name, address, etc.) and indicate whether he wants to use the marketplace as a dealer, authorized dealer or trader. He must also choose a user name and password. The admission application is accepted by an admission confirmation e-mail or by fax. At the same time, we will create the user account. Upon admission, according to the terms of use a service contract with a fee is made for an indefinite period of time between BIDaCLASSICS and the respective user. The simple registration of a user account is free of charge. The listing and sale of vehicles by advertising is free of charge for the supplier. The listing of a vehicle by auction is also free of charge for the supplier. Fees are only charged for successful sales via auctions. The fees to be paid by the seller are based on the current price conditions, which can be viewed in the user account and here under point (5). The use of the marketplace is free of charge for the bidder until he has won an auction. In the event of a successful auction, in which the sale takes place with the legally binding consent of the seller, the bidder must pay a premium. The fee to be paid for this is based on the current price conditions, which can be viewed in the user account and here under point (5). 

(3) The user is obliged to keep login and password confidential and to protect them from unauthorised access by third parties. In case of any suspicion of unauthorized use by a third party, the User shall inform BIDaCLASSICS immediately. As soon as BIDaCLASSICS becomes aware of any unauthorized use, BIDaCLASSICS will block the access of the unauthorized User. 

(4) The fees incurred for the bidding and sale will – unless otherwise agreed upon – be invoiced after the use of the services of BIDaCLASSICS and are to be paid immediately after the invoice is issued, without deduction. The invoice will be sent by e-mail. 

(5) The fees for the use of the portal are as follows:

Fees for the seller:

The sale by a normal advertisement on BIDaCLASSICS is free of charge.

However, there is the possibility of special options when placing an advertisement which are subject to a fee as follows

If in the end the auction was unsuccessful for you because the bids were too low and you refuse to sell, you will not be charged any fees. If after the auction you have invited to a renegotiation with your buy-now price and no prospective buyer has accepted the buy-now price, you will not incur any fees. We want to be successful for you and therefore do not charge you any fees if the sale is unsuccessful. That is our fair trade idea.

The successful sale by auction via BIDaCLASSICS is subject to a sales fee of 2.5% of the auction price. However, the fee is covered at a flat rate from the start of the portal until 31.12.2020 and is only due if an auction was successful. The following sales fees are currently applicable:

all prices plus the applicable VAT.

Fees for the buyer:

The purchase by a normal advertisement via BIDaCLASSICS is free of charge.

However, there is the possibility of special options during the creation of the advertisement which are subject to a fee as follows

The following purchase fees (surcharge) are only payable by the buyer in case of a successful auction:

all prices plus the applicable VAT.

§ 4 Conclusion of contracts on the marketplace, exclusion of warranty 

(1) On the marketplace, the user can offer vehicles in an auction (referred to below as „seller“) and/or make binding bids on vehicles placed (referred to below as „buyer“). The placement of a vehicle by the seller does not constitute a binding offer. Bids submitted by the Buyer during the auction are binding offers to the Seller. A bid expires if another buyer makes a higher bid during the auction period. After the end of the auction period, the seller can decide whether to sell the vehicle to the highest bidder. The buyer is bound to his bid for 7 days after the auction ends. 

Within these 7 days, the seller must make a binding declaration whether he accepts the offer of the highest bidder or not. In this case a sales contract is concluded exclusively between the seller and the buyer. 

(2) If the highest bid is not sufficient for the seller after an auction, he can make a binding offer to the buyer, stating a buy-it-now price. If a buyer accepts this offer, a purchase contract between the seller and the buyer at this price is concluded. 

In advertisements is it also possible to make a binding offer to the buyer, stating a buy-it-now price. With the function „Basement-advertisement“ is the binding offer to the buyer, stating a buy-it-now price, in a daily change proces. If a buyer accepts this offer, a purchase contract between the seller and the buyer at this price is concluded. 

(3) The sale via the BIDaCLASSICS marketplace is carried out, if not explicitly stated otherwise by the seller, under disclaimer of warranty for quality defects, if the buyer is an entrepreneur in terms of Section 14 BGB. 

§ 5 Settlement of contracts concluded on the marketplace 

(1) The processing of contracts concluded on the marketplace is the sole responsibility of the respective users. BIDaCLASSICS does not garrantee the contracts concluded on the marketplace, nor the execution of the contracts concluded on the marketplace between the users, nor the liability for material or legal defects of the traded goods. BIDaCLASSICS does not have any obligation to ensure the fulfillment of the contracts concluded between the Users. 

(2) BIDaCLASSICS cannot guarantee the true identity and the power of dispostionl of the users. In case of doubt, both contracting parties are obliged to inform themselves in a suitable manner about the true identity and the power of disposal of the other contracting party. 

(3) If a contract of sale is concluded, the buyer must collect and pay for the vehicle from the seller within 7 days of notification of the seller’s decision. 

(4) If the vehicle is not collected and paid for by the buyer after conclusion of the purchase contract, the seller can demand a flat-rate compensation of 20% of the purchase price, unless the buyer can prove that no serious damage has been caused. The same applies to the seller if he does not keep the vehicle ready for the buyer at least 7 days after conclusion of the purchase contract. 

§ 6 Liability of the platform operator 

(1) BIDaCLASSICS is fully responsible for wrongful intent and culpable negligence, for slight negligence, however, only in the case of violation of essential contractual obligations. The responsibility in the case of violation of such a contractual obligation is limited to the contractual damage, the occurrence of which BIDaCLASSICS had to anticipate at the conclusion of the contract due to the circumstances known at that time. 

(2) BIDaCLASSICS does not incur any liability for interference within the distribution network not caused by BIDaCLASSICS. 

(3) BIDaCLASSICS is liable for the loss of data in accordance with the preceding paragraphs only if such a loss could not have been avoided by the User through appropriate data security measures. 

(4) The liability does not extend to impairments of the usage of the services provided by BIDaCLASSICS on the marketplace in compliance with the contract, which are caused by improper or incorrect usage by the user. 

(5) The above limitations of liability apply equally in favour of the agents of BIDaCLASSICS. 

(6) As far as the marketplace offers the possibility of transferring to the user’s databases, websites, services, etc., BIDaCLASSICS shall not be liable for any damages. third parties, for example, through the setting of links or hyperlinks, BIDaCLASSICS is not liable for accessibility, existence or security of these databases or services, nor for the content of these databases or services. In particular, BIDaCLASSICS is not liable for their legality, accuracy, integrity, timeliness, etc. 

§ 7 External contents 

(1) Users are prohibited from posting content (e.g. through links or frames) on the marketplace that violates legal regulations, official orders or violates public decency. Furthermore, they are prohibited from posting content that infringes the rights, in particular copyright or trademark rights, of third parties. 

(2) BIDaCLASSICS does not accept external contents under any circumstances. 

(3) BIDaCLASSICS reserves the right to block third-party content if it is punishable under the applicable laws or recognizably serves for the preparation of criminal acts. 

(4) The User shall release BIDaCLASSICS from all claims that third parties may assert vis-à-vis BIDaCLASSICS due to the violation of their rights or due to legal violations based on the offers and/or content posted by the User. In this regard, the User shall also assume the costs of legal action by BIDaCLASSICS, including all court and attorney’s fees.

(5) The User grants BIDaCLASSICS a non-exclusive, space and time unlimited right of use of the posted image material for marketing purposes. 

§ 8 Other obligations of the user 

(1) The user is obliged, 

(2) The user agrees to refrain from all measures which endanger or disturb the functioning of the marketplace, as well as not to access data to which he is not entitled. Furthermore, he must ensure that the information and data transmitted via the marketplace are not infected with viruses, worms, Trojan horses or other harmful programs. The user agrees to compensate BIDaCLASSICS for all damages resulting from the failure to comply with these obligations, and furthermore, to release BIDaCLASSICS from all claims of third parties, including attorney’s fees and court costs, which they claim against BIDaCLASSICS due to the user’s failure to comply with these responsibilities. 

§ 9 Data protection 

See the data protection declaration available on the www. BIDaCLASSICS.de page.

§ 10 Deletions and charging

(1) A partial or complete transfer of the user’s rights from the contract with BIDaCLASSICS to third parties is not permitted. 

(2) The User is only entitled to lay charges against BIDaCLASSICS with indisputable or legally binding counterclaims.

§ 11 Duration of contract 

(1) The contract on which these terms of use are based is entered into for an indefinite period. It begins with the admission by BIDaCLASSICS according to section 3 paragraph 2. 

(2) The contract can be terminated by either party with a notification period of three months to the end of the month, whereby at least the written form must be respected. 

(3) Each party has the right to terminate the contract for a good cause without notice. A good cause means for BIDaCLASSICS in particular: 

§ 12 Closing regulations

If the user is a merchant, legal entity under public law or an investment fund under public law, the legal venue for all disputes arising from this contractual relationship is Lüdenscheid. In addition, BIDaCLASSICS is also entitled to sue at the user’s place of general jurisdiction.

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