General terms and conditions

1. About Autofini BV

2. Definitions

3. Applicability

1. These terms and conditions apply to the use of the platform and services of Autofini BV.
2. Any deviations from these terms are only valid if agreed in writing.
3. If additional terms apply to specific services or user groups, these will be communicated separately.

4. Role of Autofini BV

1. Autofini BV facilitates transactions between sellers and professional buyers.
2. Autofini BV does not independently determine the condition, quality, legality or value of a vehicle, unless explicitly stated otherwise.
3. Autofini BV is not responsible for the accuracy or completeness of information provided by users.
4. Autofini BV is not a buyer or seller and is not a contracting party in the final transaction, unless explicitly stated otherwise.

5. Listing of vehicles

1. The seller must provide accurate, complete and truthful information about the vehicle.
2. This includes, but is not limited to, known damage, technical defects, mileage, missing parts, availability of documents and keys, and relevant details regarding the vehicle’s condition or location.
3. The seller guarantees that they are authorized to offer and sell the vehicle.
4. Autofini BV may refuse, suspend or remove listings that are incomplete, incorrect or misleading.

6. Bids and formation of the agreement

1. Professional buyers may submit bids via the platform.
2. An agreement between seller and buyer is concluded when the seller explicitly accepts a bid, unless stated otherwise.
3. From that moment, both parties are obliged to perform the agreement in good faith.
4. Autofini BV is not a party to this agreement, unless explicitly stated otherwise.

7. Obligations of seller and buyer

1. After acceptance of a bid, the seller may not sell the vehicle to another party without valid reason.
2. Seller and buyer must contact each other within a reasonable time to arrange the transfer of the vehicle.
3. The buyer has the right to inspect the vehicle before transfer to verify whether it corresponds to the provided information.
4. If the vehicle materially deviates from the description, the parties may agree to adjust the price or terminate the agreement.
5. Seller and buyer are responsible for delivery, payment, registration and transfer of ownership, unless explicitly agreed otherwise.

8. Use of the platform

1. Users must use the platform responsibly and in accordance with its intended purpose.
2. It is not permitted to provide false information, manipulate bidding processes, gain unauthorized access to systems or otherwise misuse the platform.
3. Autofini BV may suspend or terminate access, listings or bids in case of suspected fraud, misuse or violation of these terms.

9. Fees and costs

1. If Autofini BV charges fees or service costs, these will be clearly communicated in advance.
2. Prices will be displayed inclusive or exclusive of VAT where applicable and appropriate for the user group.
3. Users are only liable for costs that have been clearly communicated beforehand.

10. Platform transparency

1. Autofini BV may apply selection, weighting or ranking criteria when presenting vehicles, bids or buyers.
2. Where legally required, Autofini BV will explain the main parameters influencing such ranking in a clear and understandable manner.
3. If paid placements or other commercial influences affect visibility on the platform, this will be disclosed where required by law.

11. Intellectual property

1. All intellectual property rights related to the platform, software, content, design and data belong to Autofini BV or its licensors.
2. It is not permitted to copy, reproduce, publish or exploit any part of the platform without prior written consent, unless legally permitted.

12. Liability

1. Autofini BV is only liable for direct damages resulting from a failure attributable to Autofini BV, to the extent such liability cannot be excluded by law.
2. Autofini BV is not liable for damages resulting from incorrect, incomplete or misleading information provided by users.
3. Autofini BV is not liable for actions or omissions of sellers, buyers or other users of the platform.
4. To the extent permitted by law, liability is limited to the amount paid out under the applicable liability insurance or, if no payment is made, to the amount charged by Autofini BV for the relevant service.
5. Nothing in these terms excludes liability where such exclusion is not permitted by law.

13. Force majeure

1. Autofini BV is not obliged to fulfill any obligation if prevented by force majeure.
2. Force majeure includes system failures, network issues, third-party service outages, government measures and other circumstances beyond reasonable control.

14. Complaints

1. Complaints about the services of Autofini BV can be submitted via the contact details provided on the platform.
2. Autofini BV aims to handle complaints within a reasonable timeframe.
3. A complaint does not automatically suspend obligations between seller and buyer.

15. Privacy

16. Governing law and disputes

1. These terms and the use of the platform are governed by Dutch law, unless mandatory law provides otherwise.
2. Disputes will be submitted to the competent court in the Netherlands, unless mandatory law requires otherwise.

17. Final provisions

1. Autofini BV may amend these terms and conditions from time to time.
2. The most recent version will always be published on the platform.
3. If any provision is found to be invalid, the remaining provisions shall remain in full force and effect.