for the use of the www.BIDaTRUCK.com platform
§1 General regulations
(1) motorido GmbH, Mühlhagener Weg 12, 58513 Lüdenscheid, Germany (Amtsgericht Iserlohn, HRB 8654) ( referred to below as „BIDaTRUCK“) offers entrepreneurs according to Section 14 of the German Civil Code (BGB) and consumers according to Section 14 of the German Civil Code (BGB) (referred to below as „users“) the opportunity to use the trading platform on an online platform running on the website www.BIDaTRUCK.com (referred to below as „marketplace“) on a permanent basis in conformity with the requirements of the present terms and conditions under a service contract.
(2) Entrepreneur according to Section 14 of the German Civil Code (BGB) is any natural or legal person or partnership with legal capacities which, upon conclusion of the agreement, is engaged in a commercial or business activity.
(3) Consumer according to Section 14 of the German Civil Code (BGB) is any natural or legal person or partnership with legal capacities which, upon conclusion of the agreement, is engaged in a commercial or business activity.
§2 Services of the platform operator
(1) The marketplace is a platform for buyers and suppliers who are interested in buying and selling new and used commercial vehicles such as vans, trucks, SZM, trailers, semitrailers, buses, construction machinery, agricultural vehicles and forklifts (referred to below as „vehicles“).
(2) The platform operator’s services include, but are not limited to:
(a) Providing the possibilities to use the marketplace after the user has been approved according to Section 3;
(b) Facilitating negotiations and agreements made on the marketplace in accordance with section 4;
§3 Admission and access to the marketplace, payment
(1) The condition for the use of the market place is the admission by BIDaTRUCK. No claims to admission or use of the marketplace can be made.
(3) The user is obliged to keep login and password confidential and to protect them from unauthorised access by third parties. In case of any suspicion of unauthorized use by a third party, the User shall inform BIDaTRUCK immediately. As soon as BIDaTRUCK becomes aware of any unauthorized use, BIDaTRUCK will block the access of the unauthorized User.
(4) The fees incurred for the bidding and sale will – unless otherwise agreed upon – be invoiced after the use of the services of BIDaTRUCK and are to be paid immediately after the invoice is issued, without deduction. The invoice will be sent by e-mail.
(5) The fees for the use of the portal are as follows:
Fees for the seller:
The sale by advertisement via BIDaTRUCK is free of charge. However, there is the possibility of special options when placing an advertisement which are subject to a fee as follows
The sale by auction via BIDaTRUCK is subject to a sales fee of 2.5% of the auction price. However, the fee is covered at a flat rate from the start of the portal until 31.12.2020 and is only due if an auction was successful. The following sales fees are currently applicable:
For sales prices
all prices plus the respectively valid value added tax.
Fees for the buyer:
The purchase by advertisement via BIDaTRUCK is free of charge. However, there is the possibility of special options during the creation of the advertisement which are subject to a fee as follows
The purchase by auction via BIDaTRUCK is for the start phase of the portal until December 31, 2020 with fee flat rates and not staggered as a percentage. This high fee, which is often 10-18% for other portals, may be invested by the commercial buyer in his budget for the purchase. From 01.01.2021, a purchase fee of only 2.5% is due.
The following additional purchase fees (surcharge) are only payable by the buyer in case of a successful auction:
For sales prices
all prices plus the respectively valid value added tax.
§4 Conclusion of contracts on the marketplace, exclusion of warranty
(1) On the marketplace, the user can offer vehicles in an auction (referred to below as „seller“) and/or make binding bids on vehicles placed (referred to below as „buyer“). The placement of a vehicle by the seller does not constitute a binding offer. Bids submitted by the Buyer during the auction are binding offers to the Seller. A bid expires if another buyer makes a higher bid during the auction period. After the end of the auction period, the seller can decide whether to sell the vehicle to the highest bidder. The buyer is bound to his bid for 7 days after the auction ends.
Within these 7 days, the seller must make a binding declaration whether he accepts the offer of the highest bidder or not. In this case a sales contract is concluded exclusively between the seller and the buyer.
(2) If the highest bid is not sufficient for the seller, he can make a binding offer to the buyer, stating a buy-it-now price. If a buyer accepts this offer, a purchase contract between the seller and the buyer at this price is concluded.
(3) The sale via the BIDaTRUCK marketplace is carried out, if not explicitly stated otherwise by the seller, under disclaimer of warranty for quality defects, if the buyer is an entrepreneur in terms of Section 14 BGB.
§5 Settlement of contracts concluded on the marketplace
(1) The processing of contracts concluded on the marketplace is the sole responsibility of the respective users. BIDaTRUCK does not garrantee the contracts concluded on the marketplace, nor the execution of the contracts concluded on the marketplace between the users, nor the liability for material or legal defects of the traded goods. BIDaTRUCK does not have any obligation to ensure the fulfillment of the contracts concluded between the Users.
(2) BIDaTRUCK can not guarantee the true identity and the power of dispostionl of the users. In case of doubt, both contracting parties are obliged to inform themselves in a suitable manner about the true identity and the power of disposal of the other contracting party.
(3) If a contract of sale is concluded, the buyer must collect and pay for the vehicle from the seller within 7 days of notification of the seller’s decision.
(4) If the vehicle is not collected and paid for by the buyer after conclusion of the purchase contract, the seller can demand a flat-rate compensation of 20% of the purchase price, unless the buyer can prove that no serious damage has been caused. The same applies to the seller if he does not keep the vehicle ready for the buyer at least 7 days after conclusion of the purchase contract.
§6 Liability of the platform operator
(1) BIDaTRUCK is fully responsible for wrongful intent and culpable negligence, for slight negligence, however, only in the case of violation of essential contractual obligations. The responsibility in the case of violation of such a contractual obligation is limited to the contractual damage, the occurrence of which BIDaTRUCK had to anticipate at the conclusion of the contract due to the circumstances known at that time.
(2) BIDaTRUCK does not incur any liability for interference within the distribution network not caused by BIDaTRUCK.
(3) BIDaTRUCK is liable for the loss of data in accordance with the preceding paragraphs only if such a loss could not have been avoided by the User through appropriate data security measures.
(4) The liability does not extend to impairments of the usage of the services provided by BIDaTRUCK on the marketplace in compliance with the contract, which are caused by improper or incorrect usage by the user.
(5) The above limitations of liability apply equally in favour of the agents of BIDaTRUCK.
(6) As far as the marketplace offers the possibility of transferring to the user’s databases, websites, services, etc., BIDaTRUCK shall not be liable for any damages. third parties, for example, through the setting of links or hyperlinks, BIDaTRUCK is not liable for accessibility, existence or security of these databases or services, nor for the content of these databases or services. In particular, BIDaTRUCK is not liable for their legality, accuracy, integrity, timeliness, etc.
§7 External contents
(1) Users are prohibited from posting content (e.g. through links or frames) on the marketplace that violates legal regulations, official orders or violates public decency. Furthermore, they are prohibited from posting content that infringes the rights, in particular copyright or trademark rights, of third parties.
(2) BIDaTRUCK does not accept external contents under any circumstances.
(3) BIDaTRUCK reserves the right to block third-party content if it is punishable under the applicable laws or recognizably serves for the preparation of criminal acts.
(4) The User shall release BIDaTRUCK from all claims that third parties may assert vis-à-vis BIDaTRUCK due to the violation of their rights or due to legal violations based on the offers and/or content posted by the User. In this regard, the User shall also assume the costs of legal action by BIDaTRUCK, including all court and attorney’s fees.
(5) The User grants BIDaTRUCK a non-exclusive, space and time unlimited right of use of the posted image material for marketing purposes.
§8 Other obligations of the user
(1) The user is obliged,
(2) The user agrees to refrain from all measures which endanger or disturb the functioning of the marketplace, as well as not to access data to which he is not entitled. Furthermore, he must ensure that the information and data transmitted via the marketplace are not infected with viruses, worms, Trojan horses or other harmful programs. The user agrees to compensate BIDaTRUCK for all damages resulting from the failure to comply with these obligations, and furthermore, to release BIDaTRUCK from all claims of third parties, including attorney’s fees and court costs, which they claim against BIDaTRUCK due to the user’s failure to comply with these responsibilities.
§10 Data protection
See the data protection declaration available on the page www. BIDaTRUCK.com.
§11 Deletions and charging
(1) A partial or complete transfer of the user’s rights from the contract with BIDaTRUCK to third parties is not permitted.
(2) The User is only entitled to lay charges against BIDaTRUCK with indisputable or legally binding counterclaims.
§12 Duration of contract
(2) The contract can be terminated by either party with a notification period of three months to the end of the month, whereby at least the written form must be respected.
(3) Each party has the right to terminate the contract for a good cause without notice. A good cause means for BIDaTRUCK in particular:
§13 Closing regulations