Buyer Terms
Unique Car Auctions Europe provides a bidding platform where you can discover, buy, and sell special automotive objects. It’s very important to us that our platform is reliable and safe for both Buyers and Sellers, to guarantee the best possible customer experience. To make this happen, our Buyers need to accept and abide by the rules as laid out in our Buyer Terms, which form an integral part of our Terms of Use.
The availability of our Services is restricted to a number of countries. Find a list of supported countries here.
These Buyer Terms also outline your rights and obligations under the Contract of Sale you enter into with Sellers. In our Seller Terms, you can find the rights and obligations of Sellers under the Contract of Sale.
For more information about capitalised terms used in this document, check our Terms of Use.
Article 1: Purchasing Lots
It’s great that you’re interested in purchasing Lots on our Online Bidding platform! Before using our Services, make sure you’re aware of the following:
The Buyer and the Seller of a Lot enter into a Contract of Sale. If your Bid is the highest at the end of the Online Auction, you’ll be considered the Buyer and you’ll automatically enter into a Contract of Sale with the Seller of the Lot. However, if the Seller set a Reserve Price and your Bid is lower than the Reserve Price, there will be no Contract of Sale.
We charge a fee for your use of our Services. The Buyer Commission is 5% of the Purchase Price (inclusive of VAT if applicable). This will be paid directly to us after the auction ends and the Lot has sold (Reserve price is made or you have the highest bid.
Buyers have to pay transport costs and any additional import costs (e.g. VAT, import levies). You also acknowledge and accept that you are responsible for checking if there is any specific rule or restriction applicable to the import of an object into your country.
Article 2: Paying for Lots
If you have won a Lot and your Bid reached the Reserve Price, you can call yourself the proud Buyer of that Lot. The next step is to pay for it in accordance with our instructions. Below you will find our payment rules.
After winning your Lot, you need to pay within four (4) days. Within four (4) days from the end of the Online Auction, you are required to pay 1. the Purchase Price and transport costs (if applicable) to the Seller and 2. the Buyer’s Commission to us. The specified payment period will never be regarded as a statutory limit. This means a notice of default is required before the Seller can dissolve the Contract of Sale due to your failure to pay. You must ensure that the Seller receives the full Purchase Price amount and we receive the full Buyer’s Commission amount. You are therefore responsible and liable for any costs (such as bank costs), taxes (such as withholding taxes), duties, and levies due.
You guarantee your purchase is legitimate. You warrant that you do not buy the Lot as part of a fake transaction, enabling you and/or third parties to transfer the entire or partial Purchase Price and launder the money involved.
Article 3: Delivery or pickup of Lots
For most Lots in our auctions, you may need to pick up certain Lots. However, it’s possible the seller arranges free delivery or discounted transportation. Make sure to always check the shipping details in the Lot description.
Make sure your address is correct for delivery. If the seller will ship the Lot, the Seller will ship your Lot to the address in your Account. We’ll ask the Seller to ship the Lot once he received your payment.
If there are any issues, contact us within three (3) days of delivery. As soon as the Track & Trace code or a signed document shows the Lot has been delivered, you have three (3) days to inform us about any issues related to the Lot. If you need to pick up the Lot, you will need to inform us of any issues related to the Lot within three (3) days of pickup. You acknowledge that we will not assess the complaint if you don’t inform us within this three (3) day period.
If there are any shipping issues, we ask that you work towards a solution directly with the Seller. Unique Car Auctions Europe is entitled to take the signature of receipt and/or Track & Trace delivery confirmation at the delivery location as proof that you’ve received the Lot. If there’s an issue with the delivery of a Lot and you don’t reach a solution with the Seller, you will both need to cooperate in an investigation by the transport agency. A running investigation does not prejudice our right to decide whether the Purchase Price will be refunded to you or paid to the Seller.
Arrange pickup with the Seller. If you have won a Lot that needs to be picked up, you must (arrange to) pick up the Lot within ten (10) business days of your purchase, unless you have agreed otherwise with the Seller. The specified pickup time will never be regarded as a statutory limit. If you fail to pick up the Lot in accordance with our instructions or your agreement with the Seller, you acknowledge that we may either pay the Seller or cancel the transaction in our system.
Unique Car Auctions Europe may cancel transactions if the Seller does not deliver the Lot. If the Seller does not deliver the Lot in accordance with his obligations under the Seller Terms or the Lot description, we will send the Seller multiple reminders. If the Seller does not act in accordance with our instructions, you agree and acknowledge that we may cancel the transaction in our system. Cancellation of the transaction is not the same as a dissolution of the Contract of Sale. Once we have cancelled the transaction, you are free to obtain your rights under the Contract of Sale with the Seller directly.
Article 4: Failure to fulfil your obligations towards the Seller
If you fail to fulfil your obligations towards the Seller under the Contract of Sale, you will be in default and the Seller will be entitled to dissolve the Contract of Sale. We may send you a notice of default and a notice of dissolution on behalf of the Seller, but we are not obliged to do so. In that context, your obligations will include compensating the Seller’s damages, without prejudice to any other rights the Seller has.
Article 5: Failure to fulfil your obligations towards Unique Car Auctions Europe
If you fail to fulfil your obligations towards Unique Car Auctions Europe under the Terms of Use, we may decide to cancel the transaction of the relevant Lot. This cancellation is not the same as a dissolution of the Contract of Sale. However, if we cancel the transaction, we can hold you liable for any and all damages and costs we sustain and/or incur as a result. This means you will still owe us the Buyer’s Commission. You’ll also be liable for the amount of the Seller’s Commission that we missed out on due to the cancellation.
Consequences of your failure to comply with our Terms of Use
To secure our own rights and those of other Users (e.g. if you breach our Terms of Use), we are entitled, at all times and at our own discretion, to 1. suspend your pay-out or refund, 2. withhold your payment, and 3. offset any financial claim we might have towards you with a financial claim that you might have towards us. If any of these actions is regulated by mandatory (consumer) law, we may only do so in accordance with such mandatory law.
In addition to the above, to comply with applicable law or if 1. you have breached our Terms of Use, 2. you have repeatedly received poor ratings or we are made aware of issues with your conduct or behaviour, or 3. we believe in good faith that they are necessary to protect our Online Bidding platform, other Users, or to prevent fraud or other illegal activities, we may take the following measures:
-Temporarily or permanently limit your authorisation to bid on and/or sell Lots
-Temporarily or permanently revoke any special status associated with your Account
-Temporarily or permanently limit your access to your Account
-If you 1. have not provided accurate bank or identification details upon our first request within a reasonable period, 2. have been flagged by our Payment Service Provider, or 3. have not passed any PEP or sanction list checks, you will be in default and (a) any payment (including a refund) may be withheld or (b) you will forfeit the right to receive payment (including a refund)
-If you paid for a Lot with your credit card and, even though the Seller was not in default, you filed a successful chargeback, we are allowed to 1. block your Account, 2. set-off any claims we have towards you, 3. block any future payments to you, and 4. initiate legal proceedings against you
If our agreement is terminated or access to your Account is suspended while you still have certain obligations towards a Seller under a Contract of Sale, we may cancel the transactions in our system and dissolve the Contract(s) of Sale on behalf of the relevant Seller(s).
We are also allowed to impose a financial penalty of € 1,000 (one thousand euros) for every violation of these Terms of Use, without prejudice to our right to recover the actual damages. We try to give a warning first before imposing this fine. However, in the event of a severe infringement, we will impose the fine without notice. The penalty will increase by 10% for each subsequent violation of our Terms of Use. If possible, we will set-off this penalty in accordance with our Terms of Use.
Article 6: Right of withdrawal
Right of withdrawal
6.1. Consumers who have made a purchase from a business Seller through a personal account on the Platform, shall have the right to withdraw from said sale within a period of 14 days after release of the items. Said withdrawal shall not be permitted for purchases made through business accounts and for purchases from private Sellers. Withdrawing shall not be possible either in the event of forced sales.
6.2. To exercise their right of withdrawal, Users must inform the Seller of their decision to withdraw from the agreement by way of an unambiguous statement delivered by registered letter. In the event of any invoice sent on behalf and account of the Client, Users may only exercise their right of withdrawal by sending a notice to the Client/Seller. Users may use the model form for this purpose:
Model form for withdrawal:
To [the Client indicated on the invoice]:
With this notice, I wish to cancel my purchase of the following items through the www.uniquecarauctions.eu platform:
[Lot description and No.] [issue date]:
Name:
Address:
Date:
6.3. By placing a bid on the Platform, the Consumer agrees to the provision and performance of auction services by Unique Car Auctions. This withdrawal shall not apply to the fees for these services, the auction charges.
6.4. Consumers who withdraw from a sale through the Platform, but have already received the item, are obliged to return the item on their account to Unique Car Auctions within a period of 14 days after the withdrawal notice.
6.5. Consumers shall be liable for the loss of value of the item(s), unless such losses are caused by the nature, features and operation of the item(s) merely being established.
Article 7: Internal communication
You can use our internal messaging system to communicate directly with a Seller. This system is a great way to arrange the delivery of a Lot. Please note, we do not allow this system to be used for the following activities:
-Sending unsolicited advertising or promotions, requests for donations, or spam
-Insulting, harassing, or discriminating against other Users
-Making a sales agreement with a User without the mediation of Unique Car Auctions Europe, with the aim of avoiding commission
Article 8: Disputes with other Users
We expect Users to resolve any dispute between themselves. However, if necessary, we will make reasonable efforts to mediate between the Seller and the Buyer. Any complaints and disputes between you and a Seller must therefore be reported to us as quickly as possible.
Reach out to the Seller: after the auction, you will receive an email with the contact information of the seller. The seller will also get your contact information.
Reach out to Unique Car Auctions Europe: contact our Customer Support department by sending us an email via our contact form.
If no satisfactory solution can be found, even with our support, you agree that we will have the final say in accordance with Article 14 of the Terms of Use. However, despite our decision, you are free to obtain your rights under or discuss your claim related to the Contract of Sale with the Seller directly.