1 | Relationship between Autocom.dk and the users |
| 1.1 | About Autocom.dk | | 1.1.1 | Autocom A/S, Odense, is responsible for the content and operation of Autocom.dk. The domain is owned by a third party. Autocom.dk's role is solely to act as auctioneer by providing the car auction Autocom.dk for buyers and sellers. Autocom.dk is never a party to any agreement regarding the purchase or sale of a car. | | 1.1.2 | When an agreement is made via the car auction Autocom.dk or via Autocom.dk's customer center or otherwise facilitated by Autocom.dk, the agreement is binding for both buyer and seller. The buyer is obligated to pay the agreed amount, and the seller is obligated to deliver the agreed car in the described condition. | | 1.1.3 | When an agreement is made via the car auction Autocom.dk or Autocom.dk's customer center, both buyer and seller must pay the applicable commission to Autocom.dk as per the price list at the time of agreement. This applies regardless of whether the transaction is completed by the parties, and regardless of the reason, cf. section 1.9. | | 1.2 | User categories and rights | | 1.2.1 | All types of businesses and private individuals can register as "users" of the car auction Autocom.dk. Different rights and obligations apply to the different user types. | | 1.2.2 | Autocom.dk reserves the right to reject users without further explanation and to set special conditions for the approval of a user. | | 1.2.3 | Autocom.dk determines each user's category and has the right to transfer a user to another category without notice. | | 1.2.4 | Autocom.dk has the right to deregister a user at any time with immediate effect. If a user is deregistered, this does not affect already concluded transactions on Autocom.dk, and the user will still be bound by already registered cars and submitted bids. This applies unless Autocom.dk decides otherwise. | | 1.2.5 | All users choose a username and a password. These are strictly personal and must not be shared with others. If the user suspects that others have gained access to the password, this must be reported immediately to Autocom.dk, which will block further access to prevent misuse of the system in the user's name. The user will then receive a new password. The user is always responsible in case of misuse of username and password. | | 1.3 | Car registration | | 1.3.1 | All registered users can register cars that are registered after January 1, 1990. Cars that are not registered must have been produced within the same period. | | 1.4 | Car description | | 1.4.1 | The car must always be described accurately and comprehensively according to the current description procedure reviewed during registration. None of the required information may be omitted. All faults, defects, and modifications to the car must be described. | | 1.4.2 | Once a car is registered, the description is binding for the seller, who is obligated to deliver a car that matches the description. It is not possible to change the description after registration. If the seller discovers that the description is incorrect, the seller must immediately contact Autocom.dk. | | 1.4.3 | Autocom.dk has the right to demand further information or documents regarding a car or its description. | | 1.4.4 | The seller is responsible for ensuring that the information entered in the description is accurate and complete. Autocom.dk has no responsibility for the car's description. | | 1.4.5 | The seller must have investigated the following, which must always be stated in the description: - Whether there are other rights over the car, including ownership, reservation, lien, seizure, purchase rights or pre-emption rights.
- Whether there are circumstances that otherwise restrict or prevent the sale of the car in free and unencumbered condition.
- Whether rights are registered over the car in the Car Register. The seller is responsible for ensuring that these rights can always be redeemed/cancelled no later than upon delivery of the car.
| | 1.4.6 | It is not permitted to register cars on behalf of others. Private sellers must always be the registered owner of the car unless a written power of attorney from the owner is provided. For businesses, employees authorized by the company may also register company cars. | | 1.5 | Minimum Price | | 1.5.1 | The seller sets their own minimum price. If Autocom.dk in any way finds a buyer willing to pay the minimum price or more for the registered car in the described condition, the seller is obligated to sell. This also applies if the seller accepts a lower bid after agreement with Autocom.dk. | | 1.5.2 | Autocom.dk reserves the right not to approve any car without notice or to subsequently remove the car from the auction if Autocom.dk deems the entered minimum price too high. In case of a too high minimum price, Autocom.dk recommends a new minimum price. | | 1.6 | Auction Process | | 1.6.1 | The start, end, and process of the auction are unconditionally controlled by Autocom.dk. | | 1.6.2 | Autocom.dk reserves the right to cancel and change planned auctions without notice. | | 1.6.3 | Autocom.dk has the right to cancel an auction at any time without further explanation, and without any financial claims being made against Autocom.dk. Cancellation can occur both before and during the auction. Completed auctions cannot be cancelled. | | 1.7 | Extended Auction | | 1.7.1 | Autocom.dk displays cars not sold at the regular auction under "Extended Auction". | | 1.7.2 | Extended Auction functions as a catalog of cars not yet sold via Autocom.dk. | | 1.7.3 | All users can bid via the Extended Auction. If a user bids via the Extended Auction, the auction terms for buyers apply. The buyer's bid is binding. | | 1.7.4 | Cars are displayed on the Extended Auction as long as Autocom.dk deems it appropriate. | | 1.7.5 | In the Extended Auction, unlike the regular auction, the seller must approve a bid before a sales agreement is binding. | | 1.7.6 | If Autocom.dk arranges an agreement between buyer and seller via the Extended Auction or in any other way, the auction terms apply. | | 1.8 | Bidding Rules | | 1.8.1 | Submitted bids are binding for the bidder. The buyer selects the maximum amount they wish to bid in the auction. If the bid is less than or equal to the seller's minimum price, the full bid is immediately registered as the highest bid. If the bid exceeds the minimum price, the minimum price is immediately registered as the highest bid. | | 1.8.2 | When there are two or more bids at or above the minimum price, these bids compete until one of them outbids the others by the fixed bid increment stated on the Prices and Commission page. If two bidders submit the same bid, the first bid will be considered the highest. | | 1.8.3 | If there is already a bid higher than the entered bid, the entered bid will immediately be outbid. | | 1.8.4 | Bids cannot be reduced or cancelled once submitted. | | 1.8.5 | All submitted bids are recorded and may be stored by Autocom.dk for as long as Autocom.dk deems necessary. | | 1.8.6 | Any disputes regarding bids are finally and bindingly decided by Autocom.dk. | | 1.8.7 | When a bid is submitted for the car that matches or exceeds the seller's minimum price, a binding agreement is made between the seller and the highest bidder, and both parties are obligated to complete the transaction. The seller is thus obligated to deliver the car in the described condition to the highest bidder, and the highest bidder is obligated to accept and pay for the car. The same applies if an agreement is made through Autocom.dk's customer center or otherwise via Autocom.dk. For the relationship between seller and buyer, see section 2. | | 1.9 | Commission Rules | | 1.9.1 | Both buyer and seller must always pay commission to Autocom.dk when a car reaches the minimum price at auction, or when an agreement is otherwise made via Autocom.dk, for example via Extended Auction or Autocom.dk's customer center. The obligation to pay commission applies even if the transaction is not subsequently completed by the parties, regardless of the reason. It is emphasized that the obligation to pay commission also applies even if a transaction is not completed due to a party's breach, as such breach or alleged breach is solely a matter between buyer and seller. For the relationship between buyer and seller, see section 2. | | 1.9.2 | The current commission and payment terms are stated on Autocom.dk's Prices and Commission page. The auction commission is independent of the bid amount and is paid directly to Autocom.dk. | | 1.9.3 | In cases where a transaction is not completed due to buyer's or seller's breach, Autocom.dk is entitled to charge double commission from the breaching party. | | 1.9.4 | Autocom.dk's claims for payment of auction commission and other claims must be paid effectively and cannot be terminated by offsetting, nor can any right of retention be exercised on amounts owed to Autocom.dk. | | 1.9.5 | The auction commission is due for cash payment no later than 5 days after the invoice date. In case of late payment, interest is charged from the due date at the applicable statutory interest rate according to the Danish Interest Act. | | 1.10 | Autocom.dk's Intellectual Property Rights | | 1.10.1 | All rights related to the auction system, including all terms, conditions, descriptions, data, procedures and knowhow belong solely to Autocom.dk. All copyrights, trademarks, and all other intellectual property rights related to the auction system and Autocom.dk belong solely to Autocom.dk. | | 1.10.2 | Any form of copying, reproduction, or other imitation is prohibited. | | 1.10.3 | Users may only use the auction system for proper and lawful participation in the car auction Autocom.dk. Any infringement is expected to result in liability for damages and legal action. | | 1.11 | Disclaimer of Liability | | 1.11.1 | Autocom.dk is solely the host of the auctions and is therefore never a party to a car transaction made during the auctions. Thus, only the buyer and seller are parties to the concluded car transactions. Autocom.dk is in all respects without liability for the car transactions, including for the behavior of buyers and sellers. This applies especially, but is not limited to, the seller's information about the car, whether the seller can/will sell and deliver the car, and whether the buyer can/will pay and receive the car, whether the seller is the owner of the car, whether third parties have liens, seizures, retention of title, pre-emption rights, purchase rights or other rights related to a car. | | 1.11.2 | Autocom.dk is not liable for operational disruptions and errors arising directly or indirectly from communication errors, input errors, Internet outages/disruptions, server, hardware or software issues. | | 1.11.3 | Autocom.dk is under no circumstances liable for consequential damages and indirect losses, including lost profits, income, business opportunities, and loss of data or information. Furthermore, Autocom.dk is under no circumstances liable in cases of force majeure, including circumstances beyond Autocom.dk's control. | | 1.11.4 | If Autocom.dk is found liable for damages, compensation claims can under no circumstances and regardless of the size of the loss exceed 10,000 DKK. | | 1.12 | Processing of Personal Data | | 1.12.1 | All information about users provided to Autocom.dk is treated confidentially and will not be disclosed to third parties beyond what is necessary to complete a transaction. However, Autocom.dk reserves the right to disclose information as required by law, public authorities, or courts. Autocom.dk will therefore only use the information for internal purposes within Autocom.dk or affiliated companies. Autocom.dk also reserves the right to use the information in anonymized form, for example in connection with marketing, user surveys, guides, etc. | | 1.13 | Governing Law and Jurisdiction | | 1.13.1 | Danish law applies to the relationship between Autocom.dk and the users. | | 1.13.2 | The venue for legal proceedings between Autocom.dk and the users shall be the Court in Odense. However, this does not limit Autocom.dk's right to initiate enforcement proceedings in other courts. Furthermore, Autocom.dk may always choose to bring legal action against a user in accordance with the jurisdiction rules of the Danish Administration of Justice Act. | | 1.14 | Reservation for Typographical Errors | | 1.14.1 | Autocom.dk reserves the right for and assumes no responsibility for typographical errors and misspellings. |
2 | Relationship between buyer and seller |
| 2.1 | Introduction – Autocom.dk is never a party to a transaction | | 2.1.1 | This section defines the terms that apply between buyer and seller on the car auction Autocom.dk. For the legal relationship between Autocom.dk and users, see section 1: Relationship between Autocom.dk and users. | | 2.1.2 | Autocom.dk is never a party to an agreement for the purchase and sale of a car. Autocom.dk's role is solely to provide the auction system for buyer and seller. The contractual relationship regarding the traded car is therefore exclusively a matter between buyer and seller. Disputes between buyer and seller must be resolved between them. Autocom.dk's right to commission is unaffected by the parties' failure to complete a transaction. This applies regardless of the reason for the failure. Autocom.dk can never be held liable for breach of contract by one or both parties. | | 2.1.3 | The terms between buyer and seller in the auction conditions apply only to the extent that the parties do not agree otherwise. For example, the parties are free to choose an alternative delivery time, delivery location, payment time, or payment method. If no alternative agreement can be made, buyer and seller must follow Autocom.dk's auction conditions. | | 2.2 | When an agreement is made | | 2.2.1 | When a car is traded, buyer and seller have a mutual obligation to assist in completing the transaction and fulfill their obligations in this regard. | | 2.2.2 | When a car is traded via Autocom.dk, buyer and seller are required to print the sales contract directly from Autocom.dk. The contract is also sent by email or fax. | | 2.3 | Delivery and buyer's right of inspection | | 2.3.1 | Delivery of the car takes place by buyer's pickup unless otherwise agreed. Pickup must occur at an address specified by the seller within the postal code stated in the car's description. If the seller does not specify another address within the given postal code, the car is picked up at the seller's address. | | 2.3.2 | Delivery must take place no later than one week after the agreement is made. The seller is obligated to allow the buyer to pick up the car within the stated week between 9 AM and 5 PM. If the parties cannot agree on a specific time, the buyer sets the time within the stated hours, with at least 24 hours' notice to the seller. | | 2.3.3 | Before payment, the buyer is entitled to inspect whether the car matches the seller's description and to take a short test drive. The seller bears the risk of any damage occurring during the test drive unless caused by the buyer's negligence or violation of traffic laws. | | 2.3.4 | If the buyer finds discrepancies between the car and the seller's description, the buyer is entitled to a reasonable price reduction or may reject the transaction entirely. This does not affect Autocom.dk's claim to commission. | | 2.3.5 | Before payment, the buyer has the right to verify that the car's chassis number and registration number match with the registration certificate. | | 2.3.6 | The buyer must receive the car's original registration certificate along with the car. | | 2.3.7 | When registering the car, the seller may offer delivery to the buyer at another location instead of pickup. This location may be the buyer's address in Denmark, wherever that may be, except for non-bridge-connected islands or one or more specifically designated geographic areas. If the seller uses this option, it replaces "pickup" in the above provisions, and "postal code" is replaced by the area offered by the seller. Regardless of this option, the buyer may always choose to pick up the car at the seller's address if preferred. | | 2.4 | Payment for the car | | 2.4.1 | The purchase amount must be paid by the buyer upon delivery, against the seller's simultaneous handover of the car, the original registration certificate, and any other documents accompanying the car. | | 2.4.2 | The buyer must pay in cash within the limits of Danish law or via electronic bank transfer (instant transfer). | | 2.4.3 | If either party requests it, the other party is obligated to acknowledge receipt of the other party's performance (i.e., the car and the payment). | | 2.4.4 | Before payment, the buyer is encouraged to check the Car Register to ensure that no liens or other rights are registered on the car. If the parties have agreed that the buyer should pay the purchase amount directly to a lienholder, the buyer is encouraged to ensure that no additional liens or rights are registered in the Car Register. See also section 2.9 below regarding the Car Register. | | 2.5 | Transfer of Risk | | 2.5.1 | The risk for the car transfers from seller to buyer upon the seller's handover of the car to the buyer or the buyer's representative. | | 2.6 | Seller's Fundamental Obligations | | 2.6.1 | By registering the car, the seller is obligated to deliver the car in the described condition, according to Autocom.dk's description procedure, once an agreement is made. | | 2.6.2 | The seller is responsible for ensuring that all information about the car is accurate and complete, and that the car is free of defects. Whether a defect exists is determined according to the Danish Sale of Goods Act and Danish law in general. | | 2.6.3 | The seller is responsible for being the rightful owner of the car and for ensuring that no third party has any rights over the car, including liens, retention of title, seizures, purchase rights, pre-emption rights, or other rights that restrict or prevent the sale of the car in free and unencumbered condition. Furthermore, the seller is responsible for ensuring that no rights are registered in the Car Register at the time of delivery. However, this does not apply if the seller has disclosed such rights in the car's description and an agreement is made with the buyer regarding redemption or assumption of such rights as part of the purchase. Before listing the car for auction, the seller must ensure that all debt and rights over the car can be redeemed in connection with the transaction and no later than upon delivery. | | 2.6.4 | If the car is delivered with license plates, it must be insured at the time of delivery. No later than 4 business days after delivery, the buyer must deregister or re-register the vehicle. If the car is delivered without plates, it is not insured at delivery. Future insurance matters are not the seller's concern. | | 2.7 | Buyer's Fundamental Obligations | | 2.7.1 | When the buyer becomes the highest bidder on Autocom.dk according to the bidding rules, or otherwise agrees to purchase, a binding agreement is made between buyer and seller. The buyer is obligated to complete the transaction. The buyer must therefore receive the car and pay the purchase amount to the seller. These are the buyer's main obligations toward the seller. See the other provisions regarding buyer's responsibilities and obligations in the auction terms. | | 2.8 | Disputes Between Buyer and Seller | | 2.8.1 | The relationship between the seller and the buyer is governed by Danish law. | | 2.8.2 | Whether a complaint was made in due time, and whether there is a breach or defect for which the other party is responsible, is determined in accordance with applicable Danish law, including the Sale of Goods Act. | | 2.8.3 | If the buyer or seller wishes to claim compensation from the other party due to breach of contract, the transportation cost is set at a fixed amount. If the car has been transported multiple times by agreement with the other party, compensation is paid for each instance. The compensation amount is stated on the Prices and Commission page. | | 2.8.4 | In disputes between buyer and seller that cannot be resolved amicably, the parties are encouraged to seek legal assistance. The parties should not be represented by the same lawyer. | | 2.9 | The Car Register and Liens on the Car | | 2.9.1 | The seller is responsible for ensuring that the car is free of encumbrances at the time of delivery. Before delivery, the seller is therefore obligated to redeem and ensure the cancellation of all rights that creditors or others may have over the car. However, the parties may agree that the buyer, as part of the transaction, redeems liens and other rights on the car. In such cases, it is recommended that the buyer pays directly to the party holding the rights and ensures that cancellation is registered in the Car Register. With the consent of the rights holder (e.g., lienholder), the parties may also agree that the buyer assumes specific debt obligations. It is recommended that all agreements regarding the buyer’s redemption or assumption of liens be made in writing and with utmost caution. | | 2.9.2 | The parties should be aware that not all rights over cars are registered in the Car Register. This includes, for example, possessory liens, rights of retention, rights of use, or other rights. Ownership of the car is also not registered in the Car Register. If the seller is not the rightful owner of the car, the buyer risks having to return the car to the rightful owner. This also applies to car purchases made outside of auctions. | | 2.10 | Reservation for Typographical Errors | | 2.10.1 | Autocom.dk reserves the right for and assumes no responsibility for typographical errors and misspellings. |
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