General Terms
These Terms and Conditions (“Terms”and Conditions”) shall regulate terms of use of the auction platform (herein referred to as “Website”) operated by Bronline OÜ (herein referred to as “Bronline” or “Seller”) by a registered member (”Member”). Bronline owns and manages the auction platform located at www.bronline.eu and its associated pages.
The Terms and Conditions applcable for all Members of and to all services provided by Bronline related therein (herein referred to as “the Services”). The Member is provided with an access to Bronline services unless these Terms and Conditions are explicitly accepted by the Member.
By accepting the Terms and Conditions, the Member or its representative agrees to the following: to abide and act in accordance with the Terms and Conditions; processing of their personal data and consent to the use of cookies in accordance with Bronline’s privacy policy (“PrivacyPolicy”). The Terms and Conditions, Privacy Policy, pricelist and the information provided on the Website constitute a comprehensive set of agreements between the Member and Bronline.
The Member agrees to refrain from all activities, which constitute or might constitute a negative impact on the Websites credibility and/or cause direct material damages to other members or to Bronline. This obligation includes, but is not limited to: making ostensible tenders with the sole purpose to benefit the Owner or colluding in any other way to distort the auction price of the Object; enlisting the Object without having the right to sell or transfer the possession of the Object etc.
Bronline has the right to update and change the Terms and Conditions, pricelist and Privacy Policy at its own discretion at any time. In case of significant updates in the previously mentioned documents, including Privacy Policy, the Members shall be notified via Website.
The Website and all its content is owned by Bronline and protected by copyright laws. Unauthorized use or copying in part or as a whole the Website and Services may be considered as illegal infringement of intellectual property rights of Bronline and may result in claim for damages.
Becoming a Member
In order to receive access to the Website and to utilize the services of Bronline, the user must undergo a Member registration process, which shall be considered as an application to receive access to the Website. The registration shall be free of charge.
The membership requires the Member to be at least 16 years of age.
After reviewing the application of the Member to receive access to the Website, Bronline can accept or reject the application. If the application is accepted, an account for the Member is created (User Account), which includes all relevant data of the Member. After accepting the membership application, Bronline will send User Account activation instructions shall to the Member via email.
Bronline will process Member’s personal data which Members have shared with Bronline. Conditions how Bronline handles and processes personal data provided by the Member are stipulated in Privacy Policy, which form an integral part of these Terms and Conditions.
The Member must present sufficient, correct and actual personal data in the membership application and keep the data updated throughout the membership period. The Member shall be solely liable for any incorrect, imprecise and outdated personal information and potential damages arising from submitting such information.
User Account is personal and shall not be shared with other persons. The Members have full liability to safeguard their access information to their User Accounts, e, especially the username and password. The Member shall be provided with an access to the Website only by utilizing the correct username and password. The password of the User Account must be changed immediately if there is reason to suspect that the information has been disclosed to other persons or there is sufficient knowledge that the personal access info can be misused by unauthorized persons.
Bronline shall not liable for any losses caused as a result of unauthorized use of a Member’s login information.
Bronline is entitled at any time to request the Member to change the login information due to security reasons.
Placing Offers
Only a registered and a member accepted by Bronline is entitled to place tenders on the Object (herein referred to as “the Object”) listed on the Website. Placing tenders is free of charge.
The Object is sold in the condition as described in the auction description. The Member has the obligation to familiarize him or herself with the description of the Object before placing a tender.
Bronline shall guarantee that all placed tenders are public, timely and that the Member is able to follow the highest tender throughout the auction. The Member is entitled to place tenders until the deadline of the auction according to the instructions and conditions provided by Bronline.
All auctions held by Bronline have an initial deadline and will be converted into an extended 3-minute movable deadline at the initial deadline. The auction shall last and will be closed for tenders if no tenders have been made 3-minutes after the initial deadline. Every additional tender placed in the course of the 3-minute extended tendering period shall extend the auction time for additional 3-minutes.
The highest tenderer (herein referred to as the “Buyer”) is obliged to purchase the auction Object if he or she is the highest tenderer at the time of the closure of the auction and the reserve price is met.
Bronline may apply a minimum purchase price for the Object (herein referred to as the “Reserve Price”). The Website shall include information whether reserve price has been applied to the auction or not. The Member may place tenders below the Reserve Price, but this does not oblige Bronline to sell the Object, however Bronline can accept tenders exceeding the minimum sales price provided by the Owner at its own discretion. Bronline may relist the Object which reserve price was not met in the auction.
Bronline will contact the Buyer in the normal circumstances within 1 business day after the auction by email or telephone. Buyer shall be provided with a prepayment invoice including the price of the Object and all fees charged by Bronline. Should the Buyer, be unreachable after multiple reasonable attempts within 3 business days after the auction has ended, in particular if the Buyer has not confirmed receiving the prepayment invoice Bronline shall consider the highest tender invalid and may proceed with offering the Object to other Members participated in the auction starting from the second best offer compared with the offer of the Buyer. The bidder's account will be closed and an invoice for the payment of a cancellation fee will be sent. The cancellation fee is 10% of the purchase price, but at least €100 excluding VAT, or at least €122 including VAT.
Listing Objects and Auction Description
The Object on the Website is listed on behalf of the principal (herein referred to as the “Owner”).
Bronline’s mandate includes valuing and composing the description for the Object (herein referred to as the “Description”). Bronline does not conduct a thorough technical inspection of the Object and the Description is based only on the visual inspection and information received from the Owner. Bronline is not liable for any damages arising from an imprecise, faulty or insufficient Description of the Object provided by the Owner.
Members have the right to inspect the Object’s condition at a location and times as indicated in the Description.
The Buyer shall accept minor defects and deficiencies of the Object, even though not stated in the Description. Such findings may include, but are not limited to: missing spare wheel, missing tire puncture kit, missing jack, tools, missing garage and repair documents, missing floor mats, missing hubcaps, minor paint damages on the panels of the Object etc. These defects shall not be considered as breach of contract and cannot be the grounds to apply for a price deduction nor right to revoke the sales agreement.
The indicated market value in the Description is an estimated market price for similar Object not sold by auction. The expected auction price is based on a subjective evaluation by Bronline’s specialists which might differ significantly from the market value.
Inspection of Objects and Obligation to Investigate
The Member must take personally or through a representative all reasonable measures to investigate and inspect the auctioned Object prior to placing bids. It is the Member’s obligation to verify that the Object corresponds to what he or she might expect with regard to the Description.
At the time of collecting the Object, the Buyer has the responsibility to further investigate the Object and to ensure that it is in correspondence with the Description described in the instrument of delivery receipt.
If Object is auctioned as a used item, the Buyer cannot expect any post auction improvements or repairs.
Liability for Hidden Defects
Bronline is not responsible for hidden defects or faults of the Object. Bronline acts solely as an agent who represents the Owner in the auction process, hence all claims about the defects of the Object must be presented directly to the Owner.
Bronline has an obligation to advise Members of faults of which they are aware of. Bronline is not liable for hidden faults that occur after the the Buyer has taken over the possession of the Object.
The Owner nor Bronline are not responsible for the following hidden defects:
(a) defects that arise from the normal and purposeful use of the Object;
(b) defects or damages that are noted in the Description;
(c) faults that the Buyer might have expected in relation to price and age; or
(d) faults that the Buyer is or should have been aware of, e.g defects the Buyer should have noticed through careful inspection of the Object and Description.
If the Object is sold as a “repair object”, Bronline and Owner shall not be responsible for any faults, even if the Object has additional faults than those listed in the Description.
Duration of the Agreement and Exclusion of Members
The Terms and Conditions are considered to be binding to the Member as soon as the Member has registered him/herself as a user of the Website and has been granted with an User Account by Bronline to the auction platform at www.bronline.eu
A Member who has been restricted access to the Website due to the breach of the Terms and Conditions, is not entitled to regain access to the Website nor use the services of Bronline without the prior explicit consent of Bronline.
Bronline can at its own discretion decide to cease to provide access to the Website, pause auctions and seize to provide its other services as a whole or partially.
The Member has the right to terminate the membership at any time. If the membership is terminated and the Member continues to use or has used the Website during the membership (e.g. placed a bid before terminating the membership) the placed bids of the Member shall be erased an annulled.
Misuse of the Website
If Bronline has reason to suspect that the Member is misusing the account or login information, or is in any other breach of the provisions of these Terms and Conditions, Bronline may at its own discretion and without any prior notice undertake the following actions: terminate the Member’s user account, limit the Member’s right to use the Website by preventing login and/or block access to the Website.
Bronline reserves the right to limit or ban access to and use of the Services, stop bids, delay or remove contents on the Website and take technical and legal measures to prevent a Member or Members from using the Services if Bronline has reason to suspect that a Member or Members are tampering auctions by placing bids on Objects with the sole purpose of artificially increasing the Objects’ price or are using any other dishonest trading practices.
Inaccuracies on the Website and Technical Problems
Bronline shall not be held responsible for damages for minor typographic errors on the Website nor in cases where Object’s pictures do not comprehensively describe the condition or faults of the Object.
Bronline has the right to refrain from selling, ignore bids from Members, pause auctions and relist the auction Object in case of technical errors or disturbances in placing bids. In the latter case, all Members who have placed bids in the relevant auction shall be notified immediately. Bronline shall not liable for damages or any losses caused by technical faults, communication problems or similar circumstances which hinder Members to place bids or participate in auctions.
Bronline is not liable for any direct or indirect damages that are caused by other Members. This limitation does not however apply to the cases of gross negligence or intent by Bronline. Bronline’s liability shall in all circumstances be limited to the amount corresponding to the fees paid for its services.
Notifications
Bronline´s primary means of communication with the Members is email and telephone provided by Member in the registration process or in the course of updating the personal data. Notifications sent by email are considered received and acknowledged by Member on the following day. Notifications sent by ordinary mail are considered received and acknowledged by the receiver within three (3) calendar days after posting.
Auction Charges and Settlement
Charges
The Buyer shall cover Bronline’s auction fee (herein referred to as the “Fee”) in accordance to the terms indicated in the Description. The Fee shall cover Bronline’s costs of handling the Object, website, marketing, administration etc.
The Buyer is obliged to pay the Fee even if the purchase of the Object is not completed for any reason. The fees for additional services utilized by the Buyer must be paid in advance.
Payment
The purchase price of the Object and all fees shall be settled as provided on Bronline’s invoice through a bank transfer prior to the collection of the Object no later than 3 calendar days after the auction. Any alternative means of payment by Bronline shall be indicated on the Website.
Non-payment
If the Buyer has not initiated the payment for the Object timely, Bronline shall revoke the right of the Buyer to buy the Object and Bronline has the right to relist the Object on the Website or offer the Object for sale to the second best tenderer. The latter does not exempt the best tenderer from covering Bronline’s auction fees. Bronline can present a claim to the Member for all expenses related to the non-fulfilment of the contract and the breach of these Terms and Conditions.
VAT
Information about VAT rules of the listed Object shall be stated clearly in the Object Description. Object auctioned and sold on behalf of persons liable to value added tax shall include VAT in the final auction price. Object auctioned and sold on behalf of persons not liable to value added tax shall not include VAT in the final auction price. All Fees collected and services rendered by Bronline shall as a general rule be subject to VAT.
Collection and Transport of Objects
The Object shall be collected by the Buyer in 7 calendar (seven) days from the end of the auction, unless Bronline and the Buyer specifically agree otherwise. The Buyer may not collect the Object until full payment has been received by Bronline.
Bronline has the right to charge a 20€/day storage fee if the Buyer does not collect the Object within 7 (seven) calendar days from the end of the auction.
Vehicles with Estonian license plates and subject to export shall be transferred to the Buyer without the license plates and those vehicles must be transported from Bronline’ site on another vehicle/towed or equipped with temporary registration plates.[1] The vehicle’s registration documents and certificate of registration are transferred to the Buyer or authorized courier upon delivery.
To verify the right to act of representatives of legal persons, the representative must provide Bronline with a company’s registry out print stating clearly the members of the executive board with signatory rules. The print out must be made no later than 10 days at time of the pickup of the Object.
If the Buyer uses a courier for transporting the Object, the courier must present the company’s business registry out print which is made no later than 10 days and an authorization at the pick-up the Object if the representation rights cannot be obtained electronically from a state administered company’s registry.
Re-registration and Insurance
The Buyer must take all possible measures, including baring all state fees and other expenses to transfer the ownership of the Object the Owner and register the transfer in the relevant register (e.g. Estonian Road Administration) as soon as possible, but not later than 14 calendar days from the transfer of the possession of the Object. The Object is sold without any insurance coverage, unless specified otherwise in the Description or in the instrument of delivery and receipt.
Complaints and Right of Withdrawal
General
Bronline acts solely as an intermediary between the Buyer and Owner of the Object, hence all claims about faults and deficiencies must be presented to the Owner of the Object. In order to receive the contact information of the Owner, the Buyer shall present a written application to Bronline by email info@bronline.eu stating clearly the reason for the need to receive the Owner contact information. Bronline shall process this request within 3 working days and if finds the application justified, shall present the required contact information to the Buyer. The Buyer has the right to apply for contact information of the Owner only in case the possession of the Object has been transferred to the Buyer.
Right of Withdrawal
According to the Estonian Law of Obligations Act[2] §53 subsection 4 section 8 the consumer does not have the 14 days withdrawal period from a distance contract provided in section 56 subsection (1) of the Act if the contract with the consumer is concluded at an auction.In the case of profoundly misleading Description of the Object, the Buyer may revoke the bid placed and cancel the purchase after collecting the Object by submitting corresponding statement to Bronline.
Export of Objects and VAT rules
If the Object is auctioned and sold on behalf of a person liable to value added tax and the Object is subject to export from the country of origin or country where the Object is registered at the relevant state authority (e.g. Estonian Road Administration), additional VAT rules may apply in addition to the conditions provided above. Information about specific VAT rules of the listed Object shall be stated clearly in the Object Description.
The following VAT rules shall be considered as an exception to VAT registered legal persons, who registered outside the country of origin, if the Object is sold and auctioned on behalf of a person liable to value added tax:
Applicable Law and Dispute Settlement
Any disputes arising from the use of the Website shall be solved between the Buyer and Bronline by means of negotiations. If agreement cannot be reached, all disputes shall be resolved by Harju County Court.
These terms and conditions have been established by Bronline on 27/06/2018.
[1] The Buyer can apply for such temporary registration plates from the Estonian Road Administration. The fees and terms can be found on their website www.mnt.ee.
[2] In force from 13.01.2018. Available online: https://www.riigiteataja.ee/en/eli/ee/Riigikogu/act/510012018003/consolide