Platform terms — working draft (not in force)

§ 1 Scope and parties

These terms govern the use of the marketplace for collector cars operated under the name Cars for Collectors, once it is in real operation.

The contract on use of the platform is concluded between the operator named in the imprint and the registered user.

The purchase contract for a vehicle is concluded exclusively between the seller and the buyer. The operator is not a party to that contract.

Deviation only by express written agreement. Differing terms of users do not apply.

§ 2 Definitions

Platform: the website and applications operated by the operator.

Seller: a registered user who submits a vehicle for an offer.

Buyer: a registered user who places bids or accepts a fixed price.

Lot: a vehicle offered on the platform with a lot number.

Hammer price: the highest bid at the end of an auction, before fees.

Buyer fee: the fee payable by the buyer on top of the hammer price.

Reserve: the minimum price agreed with the seller below which no sale takes place.

Circle: a closed group of collectors with named connections (see community rules).

§ 3 Registration and account

Registration requires accurate master data, a valid email address, confirmation of these terms and the privacy notice, and — where required by law — verification of identity and of the status as consumer or entrepreneur.

Access data must be kept secret. Users are responsible for activity under their account; suspected misuse must be reported immediately.

A person may hold one account. Accounts are not transferable.

The operator may require additional proof (identity, beneficial ownership, power of attorney) before a lot is published or a bid is admitted.

§ 4 Role of the platform

The operator provides the technical infrastructure, the auction rules and the settlement support. It acts as an intermediary, not as a seller, buyer, agent or trustee of either party.

The operator does not become owner of the vehicles and does not take possession of them.

Descriptions, photographs and documents are supplied by the seller. The operator reviews them for completeness and plausibility, but does not inspect vehicles and does not issue “inspected” certifications.

Personal connections shown in Circles originate from users. They are neither checked nor guaranteed by the operator.

§ 5 Private and commercial sellers

Sellers must state truthfully whether they act privately or commercially. The status determines information duties, warranty and tax treatment.

Commercial sellers must provide complete business details and comply with their specific duties (information, warranty, invoicing, product safety where applicable).

A wrong declaration of status entitles the operator to remove the lot and to block the account. Claims between the parties remain unaffected.

Consumers who sell a vehicle used predominantly privately remain consumers; the operator does not convert them into entrepreneurs by publishing the lot.

§ 6 Submission and editorial approval

A lot is published only after editorial approval. The operator may reject lots, request changes or postpone publication, in particular where the description is incomplete, the photos are unusable, ownership is unclear or the reserve is implausible.

Approval is not a statement about the value, the condition or the marketability of the vehicle.

Sellers warrant that they are entitled to dispose of the vehicle and that descriptions, photographs and documents do not infringe third-party rights.

The seller may withdraw a lot before the auction starts. After the start, withdrawal requires the operator's consent and must be documented.

§ 7 Offer formats

Auction with reserve: sale only when the reserve is reached.

Auction without reserve: the lot is sold to the highest bidder.

Buy now: acceptance of a fixed price, subject to availability.

Price proposal: buyer submits a price, seller may accept, reject or counter once.

Confidential auction: access limited to invited collectors; amounts and participants are not public.

The format is shown on the lot page before a bid is placed and cannot be changed during a running auction.

§ 8 Bidding, maximum bids, increments, server time

Every bid is a binding offer by the bidder to conclude a purchase contract at that price, subject to the rules of the format.

A maximum bid is stored confidentially. The visible price rises only as far as necessary to keep the bidder ahead. Other participants' maximum bids are never disclosed.

Bid increments follow published price bands. Bids below the required minimum are rejected and recorded in the bid history.

If two maximum bids are equal, the earlier bid wins. This rule is deterministic and identical on every server.

All times and deadlines refer to the server time displayed on the lot page. Bids are processed in the order in which they are technically recorded.

§ 9 Reserve — change only with seller consent

The reserve is agreed with the seller before publication and is not disclosed to bidders.

A reduction during a running auction is only permissible with the seller's express, documented consent (checkbox plus justification in the administration). A silent reduction by the operator is excluded.

A reserve may not be raised during a running auction.

If the reserve is not reached, no purchase contract arises. The operator may offer the seller a follow-up format; the seller decides freely.

§ 10 End of auction and automatic extension

An auction ends at the published end time. A bid within the last 120 seconds extends the auction by 120 seconds; this is possible up to 20 times.

Extensions are shown on the lot page and recorded. They prevent last-second sniping and are part of the announced rules.

After the end, the lot status changes and the result is documented. Results are visible in the lot's history.

§ 11 Acceptance and conclusion of contract

With the end of the auction, the highest valid bid is accepted (subject to § 9). The purchase contract arises directly between seller and buyer at the hammer price.

The operator confirms the result to both parties in the account area and starts the settlement workflow.

If a technical fault prevents a correct result, the operator may repeat the auction or cancel the affected bids. Decisions are documented and communicated with reasons.

Until then, the preview shown here produces no contract at all — bids in this preview are simulations.

§ 12 Fees, minimum, maximum (cap) and seller participation

The buyer pays a buyer fee of 3 % net of the hammer price, minimum 500 EUR, maximum 3.500 EUR. The maximum is a firm cap: above a hammer price of 116.667 EUR the buyer fee stays at 3.500 EUR.

For comparison only, the planned positioning is 50 % of a comparable buyer fee of the reference platform (6 % net, minimum 1.000 EUR, maximum 7.000 EUR). The comparison is not a promise about other providers and covers only the buyer fee.

The seller receives a share of the operator's net commission in addition to the hammer price. The percentage is not yet decided; it will be published in this section before real operation.

The remaining share stays with the operator and is not profit: it covers payment processing, support, marketing and operations.

All amounts are net unless stated otherwise. VAT treatment is determined per transaction.

§ 13 Invoicing, due date, payment handling

After acceptance, the buyer receives an invoice showing hammer price, buyer fee and any taxes separately. The seller receives a settlement statement showing the hammer price, the seller participation and deductions.

The purchase price including buyer fee is due within 5 banking days unless other terms are agreed in the lot.

Payment is made through the payment service provider named at the time of the transaction. The operator does not hold customer funds beyond the settlement process.

Payout to the seller takes place after payment is confirmed and, where agreed, after handover is documented.

§ 14 Seller duties

The seller must describe the vehicle truthfully and completely, including known defects, accident history, mileage plausibility, matching numbers where claimed, and any missing documents.

Distinction is mandatory between documented facts, seller statements and open questions.

The seller must be reachable during the auction and able to hand over the vehicle within the agreed period.

Documents must be genuine. Forged or misleading documents lead to removal, blocking and, where applicable, notification of the authorities.

§ 15 Buyer duties

The buyer must pay the hammer price plus buyer fee within the due date and collect the vehicle within the agreed period.

Bidders must ensure that they can pay. A bid is not a non-binding expression of interest.

The buyer is responsible for transport, insurance during transport and any import or registration formalities, unless agreed otherwise.

§ 16 Default, cancellation, unwinding

If the buyer defaults, the seller may set a grace period and then withdraw. The operator may charge the buyer a default fee covering actual expenses; the amount has to be specified before real operation.

If the seller defaults, the buyer may withdraw and claim damages; the operator will exclude the seller from further lots if this repeats.

In case of unwinding, the vehicle is returned and payments are reversed through the same payment route. Condition and use between handover and return are accounted for.

The operator supports unwinding but is not a party to the purchase contract and does not decide about warranty claims.

§ 17 Handover and risk

Place, time and manner of handover are agreed between seller and buyer in the settlement workflow and documented in the deal status.

Risk passes to the buyer when the vehicle is handed over. Transport risk lies with the buyer unless transport was arranged otherwise.

Ownership passes according to the agreement between the parties; the operator does not transfer ownership.

§ 18 Warranty and liability

Warranty rights exist between buyer and seller according to their agreement and applicable law. The platform does not grant its own warranty for vehicles.

The operator is liable without limitation for intent and gross negligence and for injury to life, body or health; for slight negligence only for breach of essential duties and limited to typical foreseeable damage.

The operator is not liable for seller statements, for the condition of vehicles, or for decisions users base on the fee comparison.

Mandatory liability rules, in particular towards consumers, remain unaffected.

§ 19 Consumer rights — open question, no blanket claim

We expressly do not state that “there is no right of withdrawal in online auctions”. Whether the exception for auctions applies depends on the individual case and on how the format is legally classified.

Auction formats with a minimum price, buy-now options and price proposals may be assessed differently from a classic public auction. This question has to be clarified before real operation, together with the information duties that follow from it.

Until then, no consumer-facing agreement will be concluded on this platform, because the preview does not conclude any contracts.

§ 20 Complaints, moderation, blocking

Complaints can be submitted through the support area; each case receives a ticket with a status and a responsible person. Response times will be published before real operation.

The operator may remove content, restrict functions or block accounts where these terms or the community rules are violated. Decisions are documented with reasons and can be reviewed.

Users may terminate their account at any time; statutory retention obligations remain unaffected.

§ 21 Data protection

Processing of personal data is governed by the privacy notice, which forms part of these terms. Data is processed for the operation of the platform, for settlement and for the fulfilment of legal obligations.

§ 22 Changes, applicable law, severability

Changes to these terms will be communicated in text form at least 30 days before they take effect; users may object, in which case the previous version continues until termination.

Austrian law applies, excluding conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods; mandatory consumer protection provisions stay unaffected.

For disputes with entrepreneurs, the courts at the operator's registered office have jurisdiction.

If a provision is invalid, the rest remains valid; the invalid provision is replaced by the permissible provision closest to its purpose.

§ 23 Open points before these terms can enter into force

This draft is not legal advice and not a confirmation of applicability. Before real operation the following must be resolved and the results incorporated:

ECG: imprint, information and disclosure duties; any registration obligations.

FAGG/KSchG: classification of the auction formats, withdrawal rights, information duties before conclusion.

GDPR/TKG: records of processing, retention, order processing with the host, cookie assessment.

DSA: classification as an online platform and the duties that follow (notice and action, internal complaints, transparency).

Trade law: whether intermediation requires a licence.

Tax: treatment of the buyer fee, invoicing, platform reporting duties (DAC7 assessment).

Anti-money-laundering duties: whether and to what extent they apply to high-value vehicle transactions.

Accessibility: applicability of the European Accessibility Act and the national rules.

Seller participation rate, default fee, response times: still to be decided and to be inserted.

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Wszystkie treści na tej stronie to dane przykładowe. Interaktywny podgląd projektu. Brak aktywnych aukcji. Data startu nie została potwierdzona.