Autobestseller Membership Terms and Conditions
This is a binding legal agreement between you (business or representatives) (collectively, “you,” “your”, “Buyer” “User”) and WEBXLOO LLC which owns and operates Autobestseller.com (“Autobestseller,” “we” or “our”, “website”).
The website offers registered users the possibility of purchasing the vehicles offered on the website. The term
“vehicle” as defined above and below is to be understood to mean any motor vehicle including passenger cars, heavy goods vehicles, motorcycles, motor homes, commercial vehicles, vessels, machines or associated vehicle parts which we offer on our website.
Autobestseller offers the vehicles for sale on the website on the basis of these General
Autobestseller Member Terms and Conditions(“
General Terms and Conditions”) corresponding to purchase contracts. In addition, This
General Terms and Conditions describes the terms and conditions applicable to your access and use of the applications, programs, services and content available via such offerings which relate to the Autobestseller marketplace (collectively, including website Autobestseller.com, referred as “Services”). By using or accessing the Services, you agree to comply with the current Agreement, Privacy policy, Website Terms of Service. All policies and additional terms posted on and in our sites, applications, tools, and services are incorporated into this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THIS AGREEMENT POSTED TO THIS WEBSITE FROM TIME TO TIME AND WILL BE EFFECTIVE UPON POSTING. YOUR CONTINUED USE OF THE SERVICE FOLLOWING POSTING OF ANY REVISED TERMS OF CONDITIONS WILL CONSTITUTE ACCEPTANCE OF MODIFIED THE AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS THIS WEBSITE.
1. Introduction
- Autobestseller.com is an online automotive marketplace that brings together auto auctions, automobile dealers, inspectors, consigners, rental companies, manufacturers, banks, leasing companies, and other automotive industry professionals together.
- Autobestseller.com includes such features as Vehicle Inspection Reports, Live Video Streaming, SimCasts Simulcast, Auction Management Systems, Dealer Management Systems, CRM and other automotive software and information.
- Autobestseller does not take the vehicle title after a successful sale but rather facilitates the platform to conduct the sale.
- Autobestseller is neither the Buyer nor the Seller of the vehicles listed for sale. As a registered user, you are responsible for the evaluating the condition and value of the vehicle before buying, bidding or making an offer.
- All vehicles are sold “AS-IS”.
- You agree that any legal claims arising out of a transaction will be between you and the other party (either Buyer or Seller) in the transaction will not impact or cause any losses towards Autobestseller or any Autobestseller partner.
- Any guidance we provide as part of our Services, such as pricing, listing and sourcing is solely informational, and you may choose to utilize the information at your own risk. Also, while we may help facilitate the resolution of disputes through various programs, Autobestseller is not responsible or guarantees the existence, quality, safety or legality of items advertised; the truth or accuracy of the user's content or listings; the ability of sellers to sell items.
- Scope and General
- If you wish to purchase vehicles and use the services on our website, you must register with the platform as a User. By registering as a user, you declare that you expressly agree to the validity of these General Terms and Conditions.
- The General Terms and Conditions apply exclusively. Different, conflicting or supplementary general terms and conditions of a user shall only become an integral part of the contract if and when we expressly consent to their application. This requirement of consent shall apply in every case e.g. also if we start to provide a service to the user without reservation in the knowledge of the general terms and conditions of the user. In case of doubt, these General Terms and Conditions for the sale of vehicles and use of the website and the offers connected therewith shall exclusively prevail.
- Any additional agreement outside of the scope of this agreement with the user (including collateral agreements, modifications and amendments) shall not take precedence over these General Terms and Conditions.
- References to the validity of legal provisions are for the avoidance of doubt only. Even without such references, legal provisions shall, therefore, apply unless amended directly or expressly excluded in these General Terms and Conditions.
- Contract for Use and Registration
- To sign the contract for use, the user must complete the online registration form posted on the website correctly and in full and transmit it to us by clicking on the designated button on the website. By providing the personal e-mail address used for the previous registration with one or more of our affiliates, the user agrees that we may access any personal data and information previously provided to our affiliates in order to complete the user’s registration and submission of the membership application with us. Upon receipt of the registration form completed in full, the user will receive access to the member area with the confirmation of transmission for his/her registration application. To complete the registration process, user must upload a copy of the user’s business registration or similar, a copy of his/her photographic identification and, if the user is resides within the European Union, the VAT identification number, and create a personal password. Upon receiving the documents and information in full and have verified and released them, we will confirm to the user, to the email address specified by the user, that all prerequisites for utilizing the services have been met.
- Users are obliged to provide full and accurate information when registering. Users are furthermore obliged to notify us immediately in writing of any changes in their personal data and other information. This applies in particular if the nature of their commercial activity changes or is lost or their VAT identification number changes. If a user violates the foregoing obligations to give immediate notification of changes in data, we shall have the right to exclude the user in question from further use of the website and/or terminate the contract for use with the user without notice.
- Unless otherwise stated in this Art. 3, you hereby authorize Autobestseller to share the information you provide to us (including, without limitation, financial information) with Autobestseller partners solely to the extent such information is needed to provide the Services. You agree not to give anyone access to the Services other than your Authorized Representatives. Further, you represent and warrant to Autobestseller that: (a) you and your Authorized Representatives are in compliance with and shall comply with all laws and regulations that apply to your business; and (b) you and your Authorized Representatives have secured and will maintain all permits, licenses and governmental approvals required to operate your business including, without limitation, as required to access and participate in the Services. We reserve the right to temporarily or permanently suspend your access rights and/or the access rights of any of your Authorized Representatives at any time in our sole and absolute discretion.
4. Permitted Use
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
You agree that you will use the Services solely for your internal business purposes and will not: (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services available to any third party, other than to your Authorized Representatives or as otherwise contemplated by these Terms; (ii) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (iii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material that violates third- party privacy rights; (iv) send or store malicious code or viruses; (v) interfere with or disrupt the integrity or performance of the Services or the data contained therein; or (vi) attempt to gain unauthorized access to the Services or its related systems or networks. You further agree that you will not (i) modify, copy or create derivative works based on the Services; (ii) frame or mirror any content forming part of the Services; (iii) reverse engineer or decompile the Services; (iv) access the Services in order to (A) build a competitive product or service, or (B) copy any ideas, features, functions or graphics of the Services; or (v) permit or authorize any third party to do any of the above at your direction or on your behalf.
5. Fees and Payment Terms
- In consideration of access to the Services, User agrees to pay Autobestseller or partners (as applicable) all fees and charges assessed by Autobestseller and/or the Autobestseller partners for access to the Services (collectively, the “Fees”).
- The fees charged will be disclosed to the buyer prior to the purchase of the item and will vary depending on the price of the vehicle are listed on our Payments and Fees page. Fees are subject to change without notice. The purchase price of the vehicle, service charges, plus all applicable taxes and Fees payable by the buyer in connection with a transaction is the “Total Payment Amount”, are non-refundable after the commitment to purchase the items using the buying interface.
- Buyer shall pay Autobestseller the Total Payment Amount within 24 hours after offer to buy a vehicle is accepted (the “Payment Due Date”). Payment shall be made in U.S. dollars by ACH electronic funds transfer, credit card, or any other approved instant payment method as defined by Autobestseller.
- The buyer agrees to pay any fees and commissions associated with the chosen payment method. If payment is not received by the Payment Due Date, the amount owing will be automatically debited using the default payment method selected by the buyer. Autobestseller reserves the right to specify the type of Payment Method it will accept from the user in our sole and absolute discretion. In addition to whatever rights of set-off Autobestseller may have in any jurisdiction where vehicles are bought, if Buyer fails to pay Fees or other amounts owing when due to Autobestseller or any Autobestseller partner, Autobestseller will be entitled to immediately set off the amount owed by Buyer from any funds due from Autobestseller to User. In addition, if you fail to pay the Total Payment Amount by the Payment Due Date, we may: (a) electronically debit your bank account or floor plan account in accordance with the default payment method selected by you or another account made available to Autobestseller; (b) withhold title documents until all amounts owed have been paid; (c) cancel the sale transaction; (d) charge interest on any past due amounts at the rate of three (3%) percent per month, calculated in U.S. dollars, or the maximum rate allowed by law, whichever is less; and/or (e) pursue any other remedy or relief permitted by law.
- If Autobestseller accepts payment from Buyer by electronic payment, User authorizes Autobestseller to initiate debit entries to its account at the financial institution on which the electronic check was written. The electronic check debit authorization will remain in force until we have received written notice from you of its termination. Autobestseller reserves the right to decline payment by electronic check at any time and for any reason. Any payment that is withdrawn by Buyer or its bank, rejected or returned for non-sufficient funds (“NSF”) must be settled and replaced immediately. NSF transactions will be subject to a service charge up to the maximum amount allowed by law and shall be immediately due and payable.
- You agree to pay all costs including, without limitation, attorney fees, court or/and arbitration costs and other expenses reasonably incurred by Autobestseller or an Autobestseller partner, to collect any monies owing by you.
- All prices and fees to be paid within the scope of the purchase contract for vehicles and/or the contract for use are net and exclude VAT or other charges. The user shall be responsible for paying all such taxes and charges. The user shall notify Autobestseller of its VAT identification number or commodity code or service tax ID which is valid in the country in which the registered office of the user’s company is located. The user shall comply with valid tax laws and tax provisions. The user undertakes to reimburse Autobestseller for any taxes and the costs connected therewith which were paid by Autobestseller still have to be paid by Autobestseller which relate to taxes, for which the user, according to this provision, would have been responsible if they had been invoiced to the user. The user shall reimburse Autobestseller immediately for all costs incurred by the user failing to comply with or belatedly exercising its responsibility for its tax debts.
- The buyer shall bear any and all costs, customs duties or charges etc. incurred in connection with the export and import of the vehicles purchased by the buyer. The buyer shall itself and at its own expense obtain any import license which may be required and any approvals, authorizations or other documents required in connection with the import of the vehicle into the country of use and any transport through third countries.
- Autobestseller shall retain title to the vehicles sold to the buyer until all current and future claims arising from the purchase contract and the contract for use are paid in full.
- Delivery and Collection
- Unless otherwise expressly agreed between Autobestseller and the buyer, the buyer’s vehicles shall be collected at the auction facility specified for the respective vehicle (obligation to be performed at the debtor’s place of business). After concluding the purchase contract, the buyer is obliged to collect the vehicle at the specified auction facility within Two (2) business days after corresponding notification by Autobestseller of conclusion of the sale (“collection period”). Autobestseller shall provide the buyer and seller with a collection notice, the original of which must be presented when the vehicle is collected.
- Vehicles shall be handed over to the buyer only upon presentation of the valid collection notice and after payment of the agreed purchase price in full and all claims for fee due pursuant to Art. 5 of these General Terms and Conditions arising from the ongoing business relationship with Autobestseller. After the above-mentioned claims have been paid in full, the vehicle shall be handed over and the registration certificate (Part I and Part II) sent to the buyer in the determined format requested. The registration certificate (Part I and Part II) shall furthermore only be sent to buyers who are exporting the vehicle when they have provided us with the proxy rights and the signed entry certificate.
- The risk of accidental loss and accidental deterioration of the vehicle shall pass to the buyer at the latest upon its handover. The vehicle shall also be deemed handed over if the buyer defaults in acceptance. When the collection period ends, the buyer shall be in default of acceptance if the buyer has not collected the vehicle by then or not made the payments to be made pursuant to Art. 5 above by that date.
- If the buyer or seller defaults in acceptance, fails to cooperate or delays in collecting the vehicle for other reasons, for which the buyer or seller is responsible, we shall have the right to request reimbursement of the damage arising from this including additional expenditure. The buyer shall also be obliged to pay the storage fee stated in the respectively current fee table for each day after the collection period ends.
- The buyer shall have full responsibility for removing the vehicle from the facility. Depending on the vehicle, the buyer must take corresponding action when collecting the vehicle to ensure that the vehicles are removed safely e.g. by suitable passenger car transporters. The buyer shall remove the vehicles from the facility at its own expense. The buyer shall also be obliged to pay the gate fee stated in the respectively current fee table.
6. Autobestseller Intellectual Property
Autobestseller reserves all rights, title, and interest in and to the Services, including, but not limited to, the Autobestseller’s trademarks, logos and other brand feature, all photos, images, videos, text, data and data compilations, graphics, works of authorship, software, design and button icons (collectively, “Service Content”). Service Content is the property of Autobestseller and protected by United States and international copyright laws. These Terms do not grant Users any rights in the Services except as expressly set forth herein. Autobestseller’s trademarks may not be used in connection with any product, service, or marketing without the prior written consent of Autobestseller.
7.
Copyright Infringement
Autobestseller respects the intellectual property of others. We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. If you believe that your intellectual property rights have been infringed, please notify our legal team legal@autobestseller.com.
8. Termination
Autobestseller, in its sole discretion, may suspend, terminate or delete your Account or use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use, or if Autobestseller believes that you have violated or acted inconsistently with the Agreement. Further, you agree that Autobestseller shall not be liable to you or any third party for any termination of your access to the Service.
9. Data
- We comply with all relevant provisions under data protection law within the scope of our data processing. We shall furthermore use the user’s data only in compliance with the provisions of our Privacy Policy. This shall apply to the disclosure of data to third parties.
- Autobestseller has the right to use certain user generated information, content, photographs and vehicle data for the limited use of promoting and carrying out the Services requested by such user. Users and their representatives grant Autobestseller a limited permission to utilize non-confidential information for the general purpose of promoting and providing Services to our users, and this permission extends to trusted third parties with whom we work. All data collected by Autobestseller related to vehicles, and all transaction data related to the Services shall be owned by Autobestseller without restrictions on its use of such data.
10.
Availability, Errors and Inaccuracies
Autobestseller is constantly updating the Services and may experience delays in updating information on the Services. The information found on the Services may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Services, and we cannot guarantee the accuracy or completeness of any information found on the Services. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
11.
Exclusion of the Warranty for Vehicles
- The vehicles offered on the website are exclusively used and possibly damaged vehicles, in particular may also be considered as salvage vehicles. Any warranty for material defects of the vehicles is, therefore, excluded.
- As we do not verify the accuracy of the information communicated to us by the previous owners and information concerning the condition of a respective vehicle presented on the website, we do not assume any warranty, except in the case of intent and injury to life, limb or health or an assumed guarantee, for the fact that the information concerning the vehicles originating from the previous owner is accurate and complete.
12.
Limitation of Liability
IF YOU RELY ON THIS SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICE, INCLUDING THE CONTENT, YOU DO SO AT YOUR OWN RISK.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Autobestseller SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, LOSS OF BUSINESS, OR OTHER INTANGIBLE LOSSES (EVEN IF Autobestseller HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION CONTENT OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTERS RELATING TO THE SERVICE.
13. Indemnification
Each User agrees at their own expense to defend, indemnify, and hold Autobestseller and its affiliates, and each of their directors, officers, employees and agents, harmless from and against any loss, damage, liability, demand, lawsuit, debt, charge, action, penalty, interest, claim, cost, tax or expense whatsoever, including without limitation any and all out-of-pocket costs and actual legal and accounting fees, duties and bonds, which Autobestseller may incur, suffer or be required to pay as a result of or relating to, arising out of, or in connection with (a) your use of the Services; (b) your violation of the Agreement; (c) your violation of any third-party right, including, but not limited to, any intellectual property right, right of attribution, association, integrity, publicity, confidentiality, property or privacy right; (d) any claim in connection with a vehicle; or (d) any claim that User information, or your use the property of others, may have caused or did cause damage to a third party, including, but not limited to, claims that User information, or your use of the property of others, infringe the rights of others or caused damages to others. User also agrees to indemnify Autobestseller for reasonable legal and accounting fees, costs, and expenses incurred in enforcing the rights of Autobestseller against User under these Agreement.
14. Links to Third-Party Sites or Services
The Service may include links to the websites, content or services of third parties. Autobestseller is not responsible for the content of any links, or any products, services or other materials relating to any linked site or service, or any link contained in a linked site or service. Autobestseller does not control these third-party offerings and is not responsible or liable for the content, products or services available through these offerings. The existence of links from the Service to such offerings should not be construed as an endorsement of any of the content, products or services appearing on such offering or as implying an association between Autobestseller and the operators thereof. By using these third-party websites, content or services you may be agreeing to their terms of use and privacy policies. YOU HEREBY RELEASE Autobestseller from any damages that you may incur, and agree not to assert any claims against them, arising from your use of these third-party websites, content or services or from your purchase or use of any third-party provided product or service.
15. Applicable Law and Jurisdiction
(1) The pre-contractual relationships between ourselves and the users, the use of the website by users, these General Terms and Conditions and our Privacy Policy are governed by the law of the respective parties of this agreement.
(2) Parties agree that all legal disputes arising from or in connection with the use of this website shall be settled before a competent court of law. We shall have the right, however, to bring an action or institute other legal proceedings at the user’s place of general jurisdiction.
16.
Waiver, Severability and Assignment
Autobestseller’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under this Agreement without Autobestseller’s prior written consent, and any such attempt will be void. Autobestseller may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
17. Contacts
If you have any questions relating to this Agreement, please email us.