Terms and conditions for buyers

1. About Autofini BV

2. Definitions

3. Applicability

1. These general terms and conditions apply to any use of the platform by the buyer and to all services provided by Autofini BV to the buyer.
2. The buyer declares that it acts exclusively in the course of its trade, profession or business.
3. Any deviations from these terms and conditions are valid only if confirmed in writing by Autofini BV.
4. Any general terms and conditions used by the buyer shall not apply unless expressly accepted in writing by Autofini BV.

4. Role of Autofini BV

1. Autofini BV facilitates contact and transactions between sellers and business buyers.
2. Autofini BV does not independently determine the condition, quality, completeness, marketability or legal status of a vehicle, unless expressly stated otherwise.
3. Autofini BV is not responsible for the accuracy or completeness of information provided by sellers or other users through the platform.
4. As a rule, Autofini BV is not the buyer, not the seller and not a contractual party to the final purchase agreement.

5. Access to and Use of the Platform

1. The buyer may use the platform only for legitimate business purposes and in accordance with the intended use of the platform.
2. The buyer warrants that all information provided by it is accurate, complete and up to date.
3. The buyer is responsible for keeping login credentials confidential and for all use made through its account.
4. The buyer is not permitted to provide false information, manipulate bidding processes, misuse the platform or gain unauthorized access to the systems of Autofini BV or third parties.
5. In the event of suspected fraud, misuse, non-payment, unlawful conduct or breach of these terms and conditions, Autofini BV may restrict, suspend or terminate access to the platform.

6. Bids and Formation of the Agreement

1. The buyer may place bids on vehicles offered through the platform.
2. A bid placed by the buyer is considered binding unless expressly stated otherwise by Autofini BV or on the platform.
3. Before placing a bid, the buyer must independently assess whether the vehicle is of interest and whether the available information is sufficient.
4. An agreement between seller and buyer is formed at the moment the seller expressly accepts the bid, unless expressly stated otherwise.
5. From the moment of acceptance, the buyer is obliged to perform the agreement fully and in a timely manner.
6. Autofini BV is not a contractual party to this agreement, unless expressly stated otherwise in writing.

7. Buyer Obligations

1. The buyer is required to use the platform seriously, carefully and in good faith.
2. The buyer may only place a bid if it is willing and able to actually purchase the vehicle under the applicable conditions.
3. After acceptance of the bid, the buyer must contact the seller within a reasonable period or remain available for further coordination regarding payment, transfer and collection of the vehicle.
4. The buyer is responsible for making timely payment to the seller, unless expressly agreed otherwise.
5. The buyer is responsible for collecting, transporting, importing, registering, releasing or otherwise processing the vehicle, unless expressly agreed otherwise.
6. The buyer must comply with all applicable laws and regulations relevant to its business operations and the purchase of vehicles.

8. Inspection and Assessment of Vehicles

1. The buyer acknowledges that vehicles may be offered through the platform on the basis of information from the seller, photos, descriptions and other available data.
2. It is the buyer’s responsibility to carry out its own investigation into the condition, specifications and suitability of the vehicle before purchase or transfer, insofar as possible and desirable.
3. The buyer may not rely against Autofini BV on expectations regarding the vehicle unless those expectations have been expressly confirmed in writing by Autofini BV.
4. If a vehicle materially deviates from the information provided by the seller, the buyer and seller must seek a solution between themselves. Autofini BV may, if desired, mediate in this process, but is not obliged to do so.

9. Fees and Costs

1. If Autofini BV charges the buyer any fees, mediation fees, service fees or administrative costs, these will be clearly communicated in advance or during the bidding process.
2. Unless stated otherwise, any amounts quoted by Autofini BV are exclusive of VAT.
3. The buyer is obliged to pay all amounts due in a timely manner.
4. If the buyer fails to pay on time, Autofini BV is entitled to suspend its services and charge any reasonable collection costs, insofar as permitted by law.

10. Prohibited Use and Abuse

1. The buyer is not permitted to place bids without a genuine intention to purchase.
2. The buyer is not permitted to use the platform in a manner that may cause harm to Autofini BV, sellers or other users.
3. Prohibited use includes, in any event: manipulation of bids, misleading communication, circumventing the platform where Autofini BV has a legitimate interest, fraud, identity misuse and disrupting systems or processes.
4. In the event of a breach of this article, Autofini BV may take measures including warning, account suspension, removal of bids, termination of the relationship and recovery of damages.

11. Intellectual Property

1. All intellectual property rights relating to the platform, software, texts, designs, databases, images and other materials belong to Autofini BV or its licensors.
2. The buyer is not permitted, without the prior written consent of Autofini BV, to copy, publish, reproduce, reuse or otherwise commercially exploit any part of the platform, except insofar as permitted by law.

12. Liability

1. Autofini BV shall only be liable for direct damage that is the direct result of an attributable failure on the part of Autofini BV, insofar as such liability cannot be excluded or limited under mandatory law.
2. Autofini BV shall not be liable for damage resulting from inaccurate, incomplete or misleading information from sellers, buyers or other platform users.
3. Autofini BV shall not be liable for damage arising from the condition of a vehicle, hidden defects, legal restrictions, ownership disputes, mileage discrepancies, documents, keys or other vehicle-specific circumstances.
4. Autofini BV shall not be liable for damage resulting from acts or omissions of sellers, buyers or other third parties.
5. To the extent permitted by law, any liability of Autofini BV shall be limited to the amount paid out in the relevant case under its liability insurance. If no payment is made, liability shall be limited to the amount charged by Autofini BV to the buyer for the relevant service.
6. Autofini BV shall not be liable for indirect damage, including consequential loss, lost profits, lost savings, business interruption, reputational damage and damage resulting from third-party claims.
7. Nothing in these terms and conditions excludes liability for damage that may not be excluded or limited under mandatory law.

13. Force Majeure

1. Autofini BV shall not be obliged to perform any obligation if it is prevented from doing so by force majeure.
2. Force majeure shall in any event include system failures, network problems, cyber incidents, failure of third-party services, government measures, emergencies, illness, strikes and other circumstances beyond the reasonable control of Autofini BV.

14. Complaints

1. Complaints about the services of Autofini BV may be submitted by the buyer via the contact address stated on the website.
2. Autofini BV aims to handle complaints within a reasonable period of time.
3. A complaint does not automatically suspend the buyer’s payment obligations or other obligations.
4. Complaints relating to a vehicle or to the performance of the purchase agreement must in the first instance be discussed between buyer and seller, since Autofini BV is in principle not a contractual party thereto.

15. Privacy

16. Governing Law and Disputes

1. These general terms and conditions, the use of the platform and the legal relationship between Autofini BV and the buyer shall be governed by Dutch law.
2. Disputes between Autofini BV and the buyer shall be submitted to the competent court in the Netherlands, unless mandatory law provides otherwise.
3. Disputes between buyer and seller must in principle be resolved between themselves, unless Autofini BV is expressly a party to the dispute concerned.

17. Final Provisions

1. Autofini BV may amend these general terms and conditions from time to time.
2. The most recent version of the general terms and conditions will be published on the platform.
3. If any provision of these terms and conditions is null and void or is annulled, the remaining provisions shall remain in full force and effect.
4. A provision that most closely reflects the purpose and intent of the original provision shall replace any null and void or annulled provision.