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GENERAL CONDITIONS FOR PARTICIPATION IN THE « ALD CARMARKET » SITE FOR THE ONLINE SALE OF SECOND-HAND CARS

1. PURPOSE

The purpose of these general conditions for participation (hereafter referred to as the « General Conditions for Participation » in the « ALD Carmarket » site for the online sale of second-hand cars (hereafter referred to as the « Site ») is to define the conditions of access to the Site, the organization and the conduct of the online sales as well as the rights and obligations of the seller and the buyer in respect thereof.

ALD Automotive reserves the right to amend these General Conditions for Participation at any time and for any reason whatsoever.

2. PUBLICATION AND SITE HOSTING

2.1 Publication

The Site is published by:
Motrada Handels GmbH
Reisnerstraße 25/4
1030 Vienna
+43 (0) 7 200 10 313-30
office@motrada.net

2.2 Hosting

The Site is hosted by:
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3. DEFINITIONS

Buyer: refers to any Participant who has received a Notification from ALD and who has paid the Sale Price.

ALD: refers to ALD, whether it is acting as (i) organiser of the online sales (ii) owner of the Vehicles which are put on sale on the Site or (iii) a representative of the owner of the Vehicles which are put on sale on the Site.

Personal Data: refers to any information relating to an identified or identifiable individual, directly or indirectly, by reference to an identification number or one or more factors specific to him/her. Under these General Conditions for Participation, ALD may use personal data relating to individuals acting as the representatives and/or contacts of the Participants or acting on their behalf within the framework of the online sales, in accordance to the regulations of the present General Conditions for Participation, and the respective Hungarian personal data protection laws.

Notification: refers to the email sent by ALD to the Participant whose Purchase Bid has finally been selected.

Purchase Bid: refers to the price at which the Participant offers to buy the Vehicles.

Participant(s): refers to the Automobile Specialist(s) authorised to participate in online sales.

Sale Price: refers to the price that shall be paid to ALD by the Participant for whom the Purchase Bid has finally been selected and who has received a Notification from ALD.

Automobile Specialist: refers to any legal entity or other corporation registered with a professional register, that is involved in the automobile business and that has perfect knowledge of the automobile market and in particular the second-hand car market.

Vehicles: refers to one or more vehicles or a batch of vehicles.

Sale: refers to the deed of sale that results from the process described in articles 6, 7 and 8 herein, and pursuant to which the Participant/Purchaser undertakes to pay the Sale Price to ALD.

4. PARTICIPANTS

4.1 Status of Participants

Only those Automobile Specialists may participate in the online sales proposed by ALD, who certify themselves at the issuance of the user name and password with the following documents.

In case of legal entities and other corporations: company excerpt dated not later than 30 days, or other document certifying the registration, and the signature specimen of the executive person.

In case the requester does not proceed in its own name, then in all cases the representative person’s power of attorney is needed to be incorporated in a private deed.

By accepting these General Conditions for Participation, the Participant expressively declares that it is an Automobile Specialist according to the above.

4.2 ALD’s right to control the status of the Participants 

ALD reserves the right to have a risk study carried out in order to evaluate the Participant’s financial and legal capacity to honor its commitments pursuant to the online sales in which it could participate.

Any refusal from the Participant to provide the information reasonably required for the purpose of the present General Conditions for Participation could lead to ALD’s refusal to grant right of access to the Site.

5. USER NAME AND PASSWORD 

5.1 Issuance by ALD of an User name and Password

ALD will grant to each Participant which has accepted the General Conditions for Participation and which fulfils the conditions defined in article 4, a user name and a password in order to access the Site and to participate in online sales.

In the case of any material amendment to the General Conditions for Participation, the user names and passwords granted on the basis of prior general conditions for participation will be cancelled immediately by ALD.

In this event, each Participant shall obtain a new user name and password in order to be able to access the Site and participate in online sales.

ALD reserves the right, at any given moment and for any reason whatsoever, to deactivate the user name and password of any Participant.

The password will be granted to each Participant for a period of 90 days, after which it can be renewed accordingly.

5.2 Confidentiality of user name and password 

The user name and password granted to each Participant are strictly personal and are to be used under its sole responsibility. For this purpose, the Participant undertakes to maintain their confidentiality and in particular never to write them down or disclose them to a third party. All damages of Participant resulting from the breach of this obligation should be borne by Participant itself, including the consequences of a Purchase Bid made by an unauthorized third person.

If either the user name and/or password are lost or forgotten, the Participant is obliged to immediatly contact ALD by clicking on this link in order to be granted a new user name and/or password. All damages of Participant resulting from the breach of this obligation should be borne by Participant itself, including the consequences of a Purchase Bid made by an unauthorized third person.

The Participant shall only make a Purchase Bid in its own name and on its own behalf.

Any Purchase Bid made by an intermediary using the Participant’s user name and password will be irrefragably presumed as a Purchase Bid that have been made by said Participant in person.

A Participant shall not be entitled to claim that its user name and password have been used by a third party, in order to obtain the cancellation of a Purchase Bid by ALD and shall have no right to remedy in respect thereof. Unless specifically otherwise provided by ALD, all purchases made by the Participant with its user name and password will be charged in their full amount to the Participant, as well as any expenses as stipulated in article 8.6.1

6. ORGANIZATION OF SALES

6.1 Start and end of the sales

ALD will publish on the Site the date and the time (GMT +0) of the start of each sale, as well as the date and the time of the end of said sale, at least 5 days before the start of the sale.

6.2 Selection of Vehicles put on sale

ALD will publish on the Site the final list of vehicles that will be put on sale at least 2 days before the start of each sale

ALD will have sole discretion to decide which Vehicles will be put on sale.

The Vehicles published for sale on the Site shall not be regarded as a binding offer of ALD towards the Participant, so ALD has the right to change or remove one or more of the Vehicles put on sale, without having to explain the reasons, even after the successful end of the sale.

ALD will publish on the Site a description of the Vehicles put on sale that is as accurate as possible.

6.3 Change in the features of the sales

ALD reserves the possibility to change or amend at any moment, without having to explain the reasons, any information relating to the specific features of each sale, in particular in the case of an error during input or mistype in the publication and/or distribution of information.

7. CONDUCT OF SALES

7.1 Purchase Bid

The Participant can make one or more Purchase Bids for a sale during the entire period of the sale, pursuant to article 6.1. No Purchase Bid shall be made once the sale has ended.

The Participant who has made the Purchase Bid undertakes definitely and irrevocably to pay the Sale Price in the case where its bid is selected by ALD.

Once the Purchase Price has been submitted, the Participant will no longer have the possibility to withdraw it but it will have the possibility to make a higher Purchase Bid more times if it so wishes, which automatically overwrites the preceding lower Purchase Bid. The Purchase Bid made by Participant at last and being valid at the end of the sale shall be binding upon the Participant for a minimum period of 30 days as from the end of a sale.

ALD will allow any Participant who expressly request, at least 3 days before the start of each sale, the right to inspect and check the condition of the Vehicles at a place and time specified by ALD. This inspection will take place in the presence of a representative from ALD.

7.2 Process of Purchase Bids

7.2.1 Choice of a Purchase Bid by ALD

At the end of the period of time given to Participants to make their Purchase Bids, ALD will review all the Purchase Bids made by all Participants in order to determine, at its sole discretion, which one will be chosen.

ALD’s choice will be based in particular on elements such as the price offered by Participants, the financial situation of the Participants, as well as any other criteria which are at ALD’s sole discretion.

7.2.2 Dispute concerning the Purchase Bid chosen by ALD

In the event of a dispute concerning the Purchase Bid chosen by ALD, then ALD may at its sole discretion decide which of the Participants has made the best Purchase Bid, without any right for other Participants to remedy in respect thereof.

In the event that the Purchase Bid initially selected by ALD is not eventually selected, in particular when a doubt exists concerning the identity of the Participant and/or the origin of the funds used for the purchase of Vehicles, ALD will have sole discretion to select the Purchase Offer of another Participant or to purely and simply cancel the sale.

In this case, ALD will have the right to charge the defaulting Participants the sales fee, as stipulated in article 8.6.1, without any rights for Defaulting Participants to remedy thereof.

8. CONCLUSION OF SALES

8.1 Notification

At the end of each sale, the Participant selected by ALD for the purchase of Vehicles, will receive a Notification from ALD in a maximum period of 3 days from the end of the sale.

ALD will then proceed to send by mail a proform invoice to the Participant.

8.2 Payment of the Sale Price

The payment of the Sale Price and the Sales Fee (8.6.1) to ALD shall take place at the latest 8 days after the issuance of the proform invoice, and must be paid to the bank account which details will have been provided to the Participant by ALD.

In the event that the Sale Price is not paid to ALD within the aforementioned period of time, ALD reserves the right not to give effect to the Purchase Bid of the Participant initially selected.

In any event, the Buyer who does not pay the Sale Price within the given period of time will be liable to the payment of a lump sum of an amount equivalent to the Sales Fee.

Moreover, ALD reserves the right to suspend or cancel the right of access to the Site of any Participant who has not paid the Sale Price within the given period of time.

8.3 Retention of Title – Transfer of Ownership

8.3.1 Retention of Title

Notwithstanding anything to the contrary in the General Conditions for Participation, ALD retains total ownership of the Vehicle(s) until full payment has been made by the Buyer for the total amount of the Sale Price.

8.3.2 Transfer of Ownership

The transfer of ownership and the transfer of risks of the Vehicles will take place as from the effective payment by the Buyer of the full amount of the Sale Price.

8.4 Collection of Vehicles

8.4.1 Date and place of collection of Vehicles, and the transfer of risks

The Vehicle cannot at all means be collected before the payment of the total sale price.

Buyer will be solely responsible for collecting the Vehicles and will bear all the associated risks and costs.

The date of collection of the Vehicles is proposed by ALD and accepted by the Buyer.

Prior to the collection of the Vehicles, ALD will confirm to the Buyer the date at which the Vehicles will be available and the place at which they shall be collected. In principle, Vehicles are placed at disposal in the premises intended for this purpose by ALD.

All risks associated with the Vehicles shall be transferred at the collection their collection by Buyer, or his representative or the respective delivery agent. In the event of late collection of the Vehicles by the Buyer after the prior appointed date, ALD will store the Vehicles on behalf of the Buyer in responsible custody, and, in this respect, will charge the Buyer all the costs related to this storage. The risks are transferred in this case for the Buyer on the date appointed for the collection of the Vehicles which have been missed by the Buyer.

It is the Buyer’s responsibility, to take appropriate measures to insure the Vehicles(s) and, in this respect, to be able to produce a certificate of insurance at the time of collection of the Vehicle(s), except if ALD is selling Vehicles which have been removed from traffic or the Buyer collects the Vehicle by a trailer.

8.4.2 Collection of Vehicles by Buyer

On the day of collection ALD will hand over to the Buyer, or his representative, the different vehicle documents, including the registration documents, keys or code cards. Buyer acknowledges that ALD is not responsible for the fuel level in the Vehicle and will at no means be responsible to refill tank if it was empty.

At the time of collection of the Vehicles the Buyer, or its representative, will sign a document named collection document or certificate and will certify that the Vehicles are in conformity with the sales description. The collection document or certificate also certifies the date and time of collection of the Vehicles by the Buyer, or his representative.

Any possible reservations concerning the condition of the Vehicles shall be reported in the presence of the Buyer, or its representative, or the representative of the delivery company or entity chosen by ALD. Reservations shall be stated in writing on the collection document or certificate, failing which the Buyer will be unable to further avail itself of its rights.

In the event where the Buyer, or its representative, collect the vehicle without signing the collection document or certificate, the vehicle will be systematically considered to be in conformity with the purchase will of the Buyer, which will not further be entitled to invoke the non-conformity of the Vehicles to contest whole or part of the Sale.

Buyer is obliged to report the ownership transfer of the Vehicle it purchased for the respective authorities as of the effective legal regulations, within the deadline specified therein. All damages of the Buyer because failing this obligation, shall be borne by itself.

8.5 Vehicle guarantees

The vehicles are sold « as seen » with no other guarantee other than the legal guarantees in force. As the Buyer has freely chosen the brand and features of the Vehicle(s) subject of the Sale and as it has had the possibility, prior to the sale, in its quality of Automobile Specialist to inspect and control the condition of the chosen Vehicle(s), ALD shall not be responsible for any defects affecting, or willing to affect, the Vehicle(s), their elements, spare parts, accessories or equipment.

In the event of obvious non-conformity of the Vehicle(s) with the sales description, the Buyer shall systematically refuse their collection and immediately inform ALD by registered letter with acknowledgement of receipt in respect thereof.

The Buyer who accepts to take delivery of Vehicles not in conformity with the sales description will no longer be able to invoke the non-conformity of the vehicles to contest whole or part of the Sale.

ALD shall not be responsible for the non-conformity of the Vehicle(s) sold, in particular if this non-conformity results from changes to the technical specifications of the manufacturer or to the legal or regulatory provisions.

8.6 Fees - Tax - Duty

8.6.1 Fees

For every Vehicle sold ALD will charge the Buyer the net amount of sixty thousand Hungarian Forint (net 60.000 HUF), in addition to the Sale Price.

8.6.2 Taxation and Duty

The Buyer shall be in charge of all taxation, duties, fiscal and other taxes, present or to come, as well as any penalty or surcharge (“malus”) linked to any new regulations related to the protection of the environment pertaining to the acquisition and/or the ownership of Vehicle(s). The same applies to all taxation, duties and taxes related to the sale of Vehicle(s) which will be charged or re-billed for the full amount to the Buyer.

9. CONFIDENTIALITY

Participants undertake to treat as confidential all the information, of any nature whatsoever, written or oral, which they could be made aware of in accessing the Site and/or in participating in the online sales. They shall not quote this information, by any means whatsoever and for any reason, or communicate it to third parties and more generally to persons other than those who are authorised to be aware of it.

In this respect, buyers shall not communicate the names and details concerning ALD in the event of the re-marketing of Vehicle(s) purchased from ALD. The Buyers also undertake for each of the said Vehicles to ensure that de-customising operations are carried out (removing of stickers and de-customising) on the vehicles and that any document or element identifying ALD or the previous users (lessees in particular) of the Vehicles is destroyed.

Participants also undertake not to use the names, trademarks and/or logos of ALD as a reference or in any communication or external advertising whatsoever, unless they have ALD’s prior and express authorization.

This confidentiality agreement will remain valid for an indefinite period, and this even in the event that Participants no longer have access to the Site, or after suspension, for any cause whatsoever, of the General Conditions for Participation.

Participant shall be liable for any damages because of its confidentiality breach, and shall reimburse this for ALD.

10. DATA PROTECTION

By the access the Participants voluntary give they approval, that the Personal Data they provided on the Portal is being registered and managed in accordance with the effective legal regulations. All the Personal Data obtained by ALD is only to enable it to maintain and develop the management of the related services provided and of the customer relationship with the Participants.

ALD registers and manages all the Personal Data obtained in the course of the above only for the period in which the respective Participant accesses the Site and/or participates in the online sales, and deletes them immediately afterward.

Participants expressly acknowledge and gave their approval that whenever necessary, pursuant to the above-mentioned purposes, this data may be communicated to ALD’s partners, to its brokers and insurers, sub-contractors and service providers, as well as to the entities of the Société Générale, to which ALD belongs, established in or outside of the European Union. The transfer of Personal Data made necessary occurs under the effective Hungarian legal regulations to ensure the protection of this data.

Participants have the right to get informed about the Personal Data that concerns them, and to rectify or delete them. They may also oppose the use of Personal Data, which ALD has to investigate within 15 days.

Participants may also prohibit, at any given moment, and without justification, the use of the obtained data for the purposes of commercial prospecting.

11. CONTENT, OBJECTIVE AND SECURITY OF THE SITE

The Site is a website with interactive services in relation with the automobile market, more specifically in the second-hand car market, and operated from the address www.aldcarmarket.com.

The information and results of the implementation of the interactive services that are offered on the Site may under no circumstances be considered as exhaustive. Before making any decision based on said information, Participants should check that it complies with and matches their requirements and objectives. Consequently, ALD’s responsibility shall in no way be sought or retained regarding the use which is made of the information available on or via the Site, as it is specified that the use of this information and these services comes under the Participants’ sole responsibility, control and management.

The distribution of information or services via the Site by ALD’s partners is done under their sole responsibility and management and ALD does not guarantee the conformity, accuracy, completeness and nature of the information and services provided by said partners via the Site or by any other channel of distribution or marketing.

ALD is subject to a best endeavour obligation for the purpose of editing and operating of the Site. Participants use the Site at their own risk and undertake to carry out all verifications, in particular prior to the implementation of the information that the Site contains or offers via the interactive services, under their sole responsibility.

In accordance with practice and usage on Internet, ALD reserves the possibility to include or associate any advertising of its choice within the web pages of the Site.

The Participants are informed of the possibility of failures on the Internet network, especially in terms of security related to the transportation of data, of non-guaranteed continuity in the access to the Site, of non-guaranteed performances in terms of volume and of the rapidity of transmission of data and the propagation of viruses.

ALD will endeavour to make the Site accessible and available at the times specified in these General Conditions for Participation, i.e. at the times scheduled by ALD, but shall in no event be held responsible in this respect. Similarly, ALD shall not be held responsible for any difficulty in the access and use of the Site, and more generally, for any disturbances on the Internet network that could affect the access or use of the Site.

12.  USE OF THE SITE AND INTELLECTUAL PROPERTY

Participants hereby undertake to unconditionally comply with all the legal and regulatory provisions of Hungary, and in particular with : - Industrial and intellectual property rights especially with respect to multi-media creations, software, texts, articles, photos, registered trademarks, databases, pictures of any nature whatsoever which internet users have access to via the Site, - The image rights of the models shown on the photographs, - The Photographers’ and Agencies’ rights to these photographs, - The Data Protection and Individual Liberties Act with regard to the protection of persons concerning the use of personal data, - The rights of the press, - The legal provisions for the protection of computer fraud.

Consequently Participants are forbidden from : creating a false identity or usurping the identity of a third party, -from introducing a virus, a Trojan horse, logic bomb or any other damaging or destructive programme, -obstructing the operating of the Site, - taking over any or a part of the content of pre-existing work without obtaining authorization from the legitimate owner of this work, -reproducing and/or using the trademark, company name, logo or any other distinctive sign belonging to ALD or a third party, -intruding or even attempting to intrude a site or the administration of the information system of the Site or from changing, totally or in part, the elements contained therein.

Unless specifically mentioned otherwise on the Site, ALD is the legitimate owner of the intellectual property rights which enable it to edit and operate the Site, in the following elements : - the website, and in particular its tree structure, - the organization and titles of its headings, in the visual and graphic identity, in its design, in its ergonomics, its functionalities, in its software, texts, animated or static images, sound, know-how, drawings, graphics and any other element of which the website is composed, - in the databases, their structure and their contents, - in all the elements of conception of the website, whether they be graphic or technical, - on trademarks, patents, names, company acronyms, logos, colours, graphics or any signs that could be used, realized or implemented by ALD in the context of the Site.

Therefore any reproduction, in any form whatsoever, directly or indirectly, of the elements mentioned hereunder, as well as the alteration, even partial, of the trademarks, patents, names, company acronyms, logos, colours, graphics or any signs shown on the elements accessible via the Site, and more generally any use or reproduction of these elements other than in the context of the execution of these general conditions, is prohibited. Failing this, these practices will be deemed infringements of the law and will be subject to sanctions by the legal provisions in force in Hungary.

13.  FINAL PROVISIONS

13.1 Binding Documents

The binding regulations determined herein constitute the entire agreement together with the conditions contained in the eventual former agreements between the parties with respect to this subject. If the regulations contained in the present General Conditions for Participation are on the contrary to the ones stipulated in the former agreements, then the present regulations shall be applied.

The general conditions of Participants or any other similar document, drafted or generally used by the Participants, do not apply to the access to the Site.

13.2 Independence of the Parties

The acceptance of the General Conditions for Participation herein by a Participant shall under no circumstances have the purpose or effect of creating any partnership to the benefit of the Participant, any joint venture or any employer/employee or franchiser/franchisee relationship. None of the parties can enter into an agreement in the name of and on behalf of the other party. Therefore each of the parties undertakes not to do anything that could mislead a third party in this respect, nor to enter into any agreement nor to offer any guarantee in the name of the other party.

13.3 Partial non-validity

In the event that one of the clauses of the General Conditions for Participation should be declared null and void, unwritten, unenforceable and without grounds, this clause will be deemed unwritten and shall not affect the validity or the continuation of all the General Conditions for Participation, unless the clause concerned is of a material or substantial nature for one of the parties at the time of signing agreement to the General Conditions for Participation. In this event, the parties shall negotiate in good faith in order to substitute this clause by a valid clause that reflects their original intention.

13.4 No Waiver

If one of the parties does not have one of its rights enforced or does not demand the execution of any of the obligations or responsibilities incumbent on the other party, pursuant to the General Conditions for Participation, then this will not be deemed in itself a waiver by the said party of its rights, obligations and responsibilities that result from the General Conditions for Participation.

13.5 Titles

The titles of the articles are for information purpose only and do not affect the content or the interpretation of the General Conditions for Participation. In the event of difficulty of interpretation between one of the titles and the clauses of the General Conditions for Participation and its content, then the titles will be deemed inexistent.

14. GOVERNING LAW- RESOLUTION OF DISPUTES

14.1 Governing law

The General Conditions for Participation herein, as well as possible Sales shall be governed and construed in accordance with the laws of Hungary.

14.2 Resolution of disputes

The parties undertake to make their best efforts to reach an out-of-court settlement for any dispute that could arise out of or be in connection with the General Conditions of Participation and/or possible Sales.

Any dispute arising out of or in connection with the validity, the interpretation or the termination of the General Conditions for Participation and/or possible the Sales and which cannot be settled out-of-court within one (1) month from their date, will be settled according to the general provisions and competence of the Hungarian Civil Law.

I declare to have read and fully understood the General Conditions for Participation above and accept them without restriction or reservation.