Unique Car Auctions Europe provides a platform where you can sell special objects to Buyers worldwide. It’s very important to us that our Online Bidding platform is reliable and safe for both Buyers and Sellers. We want to take this opportunity to explain the most important rules for selling on Unique Car Auctions Europe (the ‘Seller Terms’), which form an integral part of our Terms of Use. The availability of our Services is restricted to certain countries. Find a list of supported countries here. If your country is not on the list, please contact us for further information.
These Seller Terms also outline your rights and obligations under the Contract of Sale you enter into with Buyers of your Lots. You can find the obligations of Buyers under the Contract of Sale in the Buyer Terms.
For more information about the capitalised terms we use in this document, consult our Terms of Use.
Article 1: Registering as a Seller
It’s great that you’re interested in selling Lots with us! Before using our Online Bidding platform, make sure you are aware of the following:
– You’ll need to create a Seller Account. When registering as a Seller, you are obliged to truthfully state whether you are registering as a private individual or in a professional capacity. If you use our Online Bidding platform to sell Lots in connection with your trade, business, craft, or professional activity (as a ‘Professional Seller’), we will publish this in the auction information.
– We may ask you to identify yourself. To sell on our Online Bidding platform, we may ask you to provide additional identification information. For instance, you may be asked to provide a copy of your ID, your bank account number, date of birth and, if applicable, Chamber of Commerce and VAT identification number, in line with our Privacy Policy.
– Selling professionally. If you are using our Online Bidding platform as a Professional Seller, you are obliged to comply with all applicable tax laws and regulations, register in the correct capacity, and provide all required information when registering.
* We expect you to fulfil your VAT obligations. To be treated as a Professional Seller for VAT purposes, you are obliged to provide us with a valid VAT identification number. If you are based outside the EU and you don’t have a VAT identification number, you must provide alternative proof, to the satisfaction of Unique Car Auctions Europe, that you’re using our Online Bidding platform in a professional capacity (e.g. to carry out a trade, business, craft, or other professional activity). You acknowledge that you will be designated as a Professional Seller for all use through that Account.
* We expect you to comply with the EU right of withdrawal. If you use our Online Bidding platform in a professional capacity, you acknowledge and accept that in certain cases, Buyers in the European Economic Area (EEA) may be entitled to a 14-day ‘right of withdrawal’. You will fully cooperate with us in this process. Please read our Right of Withdrawal Policy for more information.
If you aren’t registered as a Professional Seller but we have reasonable cause to believe you are using our Online Bidding platform in a professional capacity, we are entitled to consider you a Professional Seller for all future sales by the relevant Account. This means you will have to adhere to the EU right of withdrawal.
Article 2: Offering up Lots for auction
Once you’re registered as a Seller, you can offer up Lots for auction. Make sure you’re aware of the following:
– We will determine the suitability of your Lot. We will decide which Lots are suitable to be sold on our Online bidding platform. We make this decision based on Lot characteristics, such as the attractiveness, rareness, possible selling price of, and expected demand for the Lot in question. We may refuse Lots. Please review our Submission Guidelines to increase you change of getting submitted.
– We require a clear and comprehensive description of your Lot. When you offer up a Lot, you must clearly and comprehensively provide information about the Lot. This information must include, but is not limited to, the following materials and information:
- A correct, complete, and accurate description of the Lot.
- Information about the condition and classification of the Lot, including whether or not it falls under margin scheme goods in the context of the applicable VAT legislation.
- Multiple clear photographs that accurately represent the current state (including any defects or deficiencies), features, and other particulars of the Lot.
- The Reserve Price, if applicable.
- Any other conditions related to the offer.
– You are responsible for a correct Lot description. This also applies if we propose changes or make changes to and/or supplement the description of the Lot. We will give you the opportunity to review the description before the Online Auction starts. You will use this opportunity to check the Lot description and you therefore guarantee that the final description describes the Lot accurately.
– You guarantee that you are entitled and authorised to sell the Lot. By offering and selling a Lot, you guarantee that you aren’t 1. violating any law or regulation, 2. infringing on any rights of third parties, including rights from agreement and Intellectual Property Rights, 3. acting in a way that’s fraudulent in general, or 4. acting in a way that’s unlawful and/or fraudulent towards third parties or Unique Car Auctions Europe. You also guarantee that the offering and selling of the Lot is a genuine and authentic transaction. More specifically, you guarantee that you are not offering the Lot as part of a fake transaction, enabling the Buyer, yourself, and/or third parties to transfer an amount and launder the money involved.
– Withdrawal of Lots before the auction commences. You may withdraw Lots up until they are published on our Online Bidding platform and are visible to other Users. After that time, you won’t be able to change the conditions attached to the offer. If we decide to remove your Lot from an Online Auction, you will be fully liable for any damages resulting from this. If you decide a Lot should be removed after it’s been published on the Online Auction, you will need to provide us with documents, files, or other forms of proof giving the reason it should be removed. You’ll need to provide this proof upon our first request. If we decide that the proof is sufficient, we’ll consult with bidders and may, at our own discretion, remove the Lot from auction.
Article 3: Lots in auction
Once we’ve accepted your Lot and have put it in auction, other Users can place bids on it. By selling on our Online Bidding platform, you agree with the following rules:
– The Buyer and the Seller of a Lot enter into a Contract of Sale. At the end of an Online Auction, you’ll automatically enter into a Contract of Sale with the highest bidder (the Buyer) of the Lot. This won’t be the case if you have set a Reserve Price and the highest Bid is lower than the Reserve Price.
– We don’t accept shill bidding. You aren’t allowed to bid on your own Lots or the Lots of someone connected to you. You are also not allowed to have someone connected to you bid on your Lots. We call this shill bidding.
– Lots you offer on our Online Bidding platform will be exclusively offered here. You will not offer Lots through other sales channels while they are in one of our Online Auctions. You will remove Lots from other websites, including online platforms, and your own or others’ (web) shops if they’re in one of our auctions.
Article 4: Delivery or pickup of Lots
Once your Lot has been sold, we’ll ask the Buyer to pay the Purchase Price, the transport costs (if any), and the Buyer’s Commission. As soon as the Buyer has paid, we’ll let you know so you can deliver the Lot to the Buyer or arrange pickup.
– The Lot must be shipped within ten (10) business days of payment. Unless you’ve arranged that the Buyer will pick up the Lot, you’ll need to carefully package it and send or deliver it within ten (10) business days of receiving confirmation of payment from us. You are responsible for sending the Lot to the Buyer if you arrange transportation. If the Buyer arranged the transportation, you are only responsible until pick-up of the Lot. If the Lot is sold outside the European Union, a maximum of twenty (20) business days are applicable for shipping to the Buyer.
– Your Lots must be shipped with some kind of Track & Trace. We also strongly recommend using registered and/or insured shipping, as you will bear the risk of damage to and/or loss of your Lots during shipping.
– Lots must be shipped from the address stated in your Account. You are obliged to ship Lots from the city stated in your Account. If you ship the Lot from a different city, you will need to cover any costs that would not have been charged if the Lot had been shipped from the city stated in your Account (such as, but not limited to, import taxes and levies).
– Shipping from unsupported countries. You can’t sell and/or ship Lots from countries that aren’t on the list of supported countries. If you ship Lots from unsupported countries, you are at default and you forfeit the right to receive payment, unless stated by us otherwise in advance.
– We ask you to liaise with the Buyer if there are shipping issues. If the Lot is lost and/or damaged during shipping you provided, and you don’t reach a solution with the Buyer, you’ll need to cooperate in an investigation by the shipping company. A running investigation does not prejudice our right to decide whether the Purchase Price will be refunded to the Buyer.
Article 5: Payment of Lots
You will receive the Purchase Price after the Buyer has paid the Purchase Price, the transport costs (if any), and the Buyer’s Commission.
– We may withhold payment. We may suspend your payment if the Buyer has given notice of a dispute due to, for example, alleged damage to or nonconformity of the Lot.
– Exchange rates may apply. All prices shown are in Euro. All payments done by the Buyer are also in Euro. If the money is transferred to a country not using Euro’s, it’s possible exchange rates are applicable. You accept that you may be paid a lower (or higher) Purchase Price in your own currency than if we’d used the exchange rate applicable at the end of the Online Auction or by the time the Purchase price was paid.
– We may cancel transactions if the Buyer doesn’t pay. If the Buyer doesn’t pay in accordance with their obligations under the Buyer Terms, we will send them multiple payment reminders. If, after our reminders, the Buyer still doesn’t pay, 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 can decide to either re-offer the Lot or liaise directly with the Buyer to obtain your rights under the Contract of Sale.
– We reserve the right not to pay you. If you have not acted in accordance with our Terms of Use, we reserve the right not to pay you for the relevant Lot. In these cases, you agree and acknowledge that you will forfeit any claims you might have against us for such payments.
Article 6: Failure to fulfil your obligations towards the Buyer
If you fail to fulfil your obligations towards the Buyer under the Contract of Sale, you will be in default and the Buyer will be entitled to dissolve the Contract of Sale. Without being obliged to do so, we may send you a notice of default and a notice of dissolution on behalf of the Buyer.
In that case, your obligations will include compensating the Buyer’s damages, without prejudice to any other right. This includes reimbursing the Buyer for any Purchase Price you have already received from them. We will not be responsible for this reimbursement.
Article 7: Failure to fulfil your obligations towards Unique Car Auctions Europe
If you fail to fulfil your obligations towards us 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. You’ll also be liable for the amount of the Buyer’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 these Terms of Use including, for the avoidance of doubt, these Seller Terms), we are entitled, at all times and at our discretion, to 1. suspend your pay-out or refund, 2. withhold your payment, and 3. offset any financial claim we have towards you with a financial claim you 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 sell and/or bid on Lots.
– Temporarily or permanently revoke any special status associated with your Account.
– Temporarily or permanently limit your access to your Account.
– If you have not provided accurate bank, contact, or identification information upon our first request, you will be in default and we are entitled to withhold or refuse payments to you (including refunds).
– If a Buyer pays for a Lot via credit card and, due to your failure to comply with your obligations under these Seller Terms, files 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 one or more of these measures are taken, we will inform you via email, stating the reason why this measure(s) was taken.
In case we decide to permanently limit your access to your Account (i.e. terminate your Account), we shall try to inform you the reasons thereof 30 (thirty) days before we terminate your Account. This 30 (thirty) day notice period shall not apply if:
– We are subject to a legal or regulatory obligation which requires us to terminate the whole of our Services to you.
– We exercise a right of termination under an imperative reason pursuant to European and/or national law.
– You have repeatedly infringed our Terms of Use.
The above does not in any way prevent us to initiate legal proceedings against you.
If your Account is terminated or access to your Account is suspended while you still have certain obligations towards another User under a Contract of Sale, we are entitled to cancel the open transactions and, on behalf of the Buyer, dissolve the Contract of Sale. If you have outstanding payments due to you, you’ll receive the relevant amount minus the amount of damages we incurred from your failure to act in accordance with our Terms of Use.
We are also allowed to impose a financial penalty of €1,000 (one thousand euros) for every violation of our Terms of Use, including these Seller Terms, without prejudice to our right to recover the actual damages. We try to give a warning before imposing this fine. However, for a severe infringement, we will not give notice before imposing this fine. 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 8: Internal communication
With Buyers. You can use our internal messaging system to communicate directly with Buyers. This system is a great way to arrange the delivery of a Lot or answer any questions Buyers may have. Please note, we don’t allow you to use this system 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.
With us (Customer Experience). If you are experiencing technical issues with our Online Bidding platform or are not satisfied with our Services in any way, our experienced, international Customer Experience teams are on-hand to assist you in any way possible. We will use reasonable effort to get back to you in a timely manner upon receipt of your questions or complaints and, where possible, we will provide you with a solution.
With us (mediation). Even though we’d like to solve any issues you have with us ourselves, we want you to know that you can also submit a complaint to an authority for extrajudicial dispute resolution via mediation. We are willing to engage either the 1 Centre for Effective Dispute Resolution (CEDR) or 2. e-POM for any disputes that we were not able to resolve via our internal complaint system (see their respective websites for more information).
Article 9: Disputes with other Users
We expect Users to resolve any dispute between themselves. However, if necessary, we will make reasonable efforts to mediate between you and the Buyer. Therefore, you will need to report any complaints and disputes between you and the Buyer to us as quickly as possible.
Reach out to the Buyer: after the auction, you will receive an email with the contact information of the buyer. The buyer 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 you don’t reach a satisfactory solution, even with our support, you agree that we will have the final say, in accordance with Article 14 of our 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 Buyer directly.
Article 10: Unique Car Auctions Europe audit
To ensure our Online Bidding platform remains safe and secure for all Users, we may decide to audit the quality of Lots. If we have reason to believe your Lots don’t meet our quality standards or comply with our Submission Guidelines, we can 1. directly or indirectly purchase Lots from you via our own Online Auction or 2. visit your offline premises to inspect the Lots in person. Based on such an audit, we may take appropriate measures, including cancelling the transaction, if the Lot doesn’t meet our quality standards.
Article 11: Data
In our Privacy Policy you can find which data we process, how and why we process it, and what your rights are. However, it might also be relevant for you to know which data generated by our Services is available to you as a Seller.
Article 12: Changing these Seller Terms
We may amend or supplement the Seller Terms at any time. We’ll notify you of any such proposed amendment and/or supplement by email at least 15 (fifteen) days before the amended and/or supplemented Seller Terms are posted on our Online Bidding platform and enter into effect.
If you continue to use our Online Bidding platform after receipt of this notification, then you irrevocably accept the amended and/or supplemented Seller Terms.
If you do not wish to accept the amended and/or supplemented Seller Terms, please inform us within 15 (fifteen) days after receipt of this notification and you are free to stop using our Online Bidding platform and delete your Account.