Autorola.ie Terms and Conditions




1

Relationship between Autorola.ie and the site users

1.1About Autorola.ie
1.1.1Autorola Auctions Limited is responsible for the contents and the operation of Autorola.ie. The domain is owned by a third party. Autorola.ie functions exclusively as an auctioneer by making the Autorola.ie car auction available to buyers and sellers. Autorola.ie is never party to an agreement regarding the purchase or sale of a car.
1.1.2Once a sale agreement has been established via the Autorola.ie car auction, or Autorola.ie's customer centre, or in any other way mediated by Autorola.ie, the agreement is binding for both buyer and seller. The buyer is obligated to pay the agreed amount and the seller is obligated to supply the agreed vehicle in the condition described.
1.1.3Once an agreement has been established via the Autorola.ie car auction or Autorola.ie's customer centre, the buyer and seller must pay Autorola.ie the commission applicable at the time the agreement was made, in accordance with Autorola.ie's price list. This obligation applies whether or not the parties complete the sale, and regardless of the cause (cf. section 1.9).
1.2User categories and rights
1.2.1All types of companies and private individuals can register as "users" of the Autorola.ie car auction. The different types of users are subject to different rights and obligations.
1.2.2Autorola.ie reserves the right to deny access to users without further explanation or to make approval of a user subject to special conditions.
1.2.3Autorola.ie decides which category each user belongs to and is entitled to transfer a user to another category without notice.
1.2.4Autorola.ie is entitled to cancel a user account at any time with immediate effect. Should a user account be cancelled, this will not impact on any sale agreements already established at Autorola.ie, and the user will continue to be bound by any cars already registered or bids entered. This will be the case unless Autorola.ie decides otherwise.
1.2.5All users choose a username and password. These are strictly confidential and must not be passed on to others. Should the user become suspicious that someone else has become aware of their password, they must immediately inform Autorola.ie, who will block any further access to the account to prevent misuse of the system in the user's name. The user will then receive a new password. The user is always liable in the event that their username and password are misused.
1.3Car registration
1.3.1All registered users can put cars that have been registered for the first time within the last 12 calendar years on the auction. Cars that are not registered must have been manufactured within the same time period.
1.4Car description
1.4.1The car must always be described correctly and exhaustively in relation to the current description procedure completed during registration. None of the required pieces of information may be omitted during the description. All faults, defects and modifications to the car must be described.
1.4.2Once a car has been registered, the description of the car is binding on the seller, who is obligated to supply a car that fulfils the description. It is not possible to change the description during a running auction. Should the seller discover that the car description is incorrect, they must contact Autorola.ie immediately.
1.4.3Autorola.ie is entitled to demand further information and documentation regarding a car and its description.
1.4.4The seller is responsible for ensuring that the information entered during the description process is correct and complete. Autorola.ie has no responsibility for the car description.
1.4.5The seller is required to have investigated the following items, which must be unconditionally reported in the description:
  • Whether there are other rights attached to the car, including ownership, reservation, seizure, purchase options or pre-emptive rights.
  • Whether there are any other factors that limit or restrict the sale of the car in a free and unencumbered state.
  • Whether any entitlements have been registered on the car in the HPI Register. The seller is responsible for ensuring that these entitlements can always be redeemed/cancelled at the time the car is handed over or before.
1.4.6Users are not permitted to register cars on behalf of others. The private seller must always be the registered owner of the car unless the owner has provided written authorisation. In the case of companies, employees authorised by the company may also register company cars.
1.5Reserve price
1.5.1The seller sets his own reserve price. If Autorola.ie manages in any way to procure a buyer willing to pay the reserve price or above for the registered car as described, the seller is obligated to sell. This is also the case if the seller accepts a lower bid by agreement with Autorola.ie.
1.5.2Autorola.ie reserves the right to refrain from approving any car without notice, or subsequently remove the car from the auction if Autorola.ie believes the reserve price entered is too high. Where the reserve price is too high, Autorola.ie will recommend a new reserve price.
1.6The auction procedure
1.6.1Autorola.ie manages the start and close of the auction in all cases.
1.6.2Autorola.ie reserves the right to cancel or change scheduled auctions without notice.
1.6.3Autorola.ie is entitled to cancel an auction at any time without providing an explanation, and without constituting a basis for monetary claims against Autorola.ie. Such cancellations may take place both before and during the auction. Completed auctions cannot be cancelled.
1.7Extended auction
1.7.1Autorola.ie lists cars that are not sold at the ordinary auction under the "Extended auction".
1.7.2The extended auction serves as a catalogue of cars that have not yet been sold via Autorola.ie.
1.7.3All users can bid via the extended auction. If a user bids via the Extended auction, the Terms and Conditions for buyers at the auction apply. Buyers' bids are binding.
1.7.4Cars will be listed on the Extended auction for as long as Autorola.ie feels appropriate.
1.7.5In the extended auction, unlike the ordinary auction, the seller must approve a bid before a sale agreement is binding.
1.7.6If Autorola.ie arranges an agreement between the buyer and seller at the extended auction, or in any other way, the Terms and Conditions apply.
1.8Bidding regulations
1.8.1Bids entered are binding on the bidding party. The buyer chooses the maximum amount he wishes to bid at the auction. If the bid is less than or equal to the seller's reserve price, the full bid is immediately registered as the highest bid. If the bid is above the reserve price, the reserve price is immediately registered as the highest bid.
1.8.2When there are two or more bids equal to or above the reserve price, the bidder who has outbid the others (by the fixed bid increment specified on the Prices and commissions page) is entitled to the car. If two bidders enter the same bid, the first bid received will become the highest bid.
1.8.3If a bid higher than the bid entered has already been made, the bid entered will be immediately outbid.
1.8.4Bids cannot be reduced or cancelled once they have been made.
1.8.5All bids entered are recorded and may be stored by Autorola.ie for as long as Autorola.ie wishes.
1.8.6If there are any matters of dispute in relation to a bid, these will be finally decided with binding effect by Autorola.ie.
1.8.7Once a bid has been entered on a car which is equal to or above the seller's reserve price, a binding agreement exists between the seller and the highest bidder, and both parties are obligated to complete the sale transaction. Thus the seller is obligated to supply the car in the condition described to the highest bidder, and the highest bidder is obligated to accept and pay for the car. This is also the case if an agreement is arranged through the Autorola.ie customer centre or by Autorola.ie in any other way. Regarding the relationship between the seller and the buyer, please refer to section 2.
1.9Commission regulations
1.9.1Both the buyer and seller must always pay a commission to Autorola.ie once a car has attained its reserve price at the auction or an agreement has been entered into in any other way via Autorola.ie, for example, via the Extended auction or Autorola.ie's customer centre. The obligation to pay a commission applies whether or not the parties subsequently complete the sale, and regardless of the cause should they fail to do so. Note that the obligation to pay a commission also applies even if the sale is not completed due to a breach by one of the parties, as any such breach or alleged breach is purely a matter between the buyer and the seller. Regarding the relationship between the buyer and the seller, please refer to section 2.
1.9.2The commission and payment terms that apply at any given time are listed on Autorola.ie's Prices and commissions page. The auction commission is independent of the sum of the bid and is to be paid directly to Autorola.ie.
1.9.3In cases where a sale is not completed due to a breach of the agreement by the buyer or seller, Autorola.ie is entitled to collect double commission from the party responsible for the breach.
1.9.4Autorola.ie's claim for payment of auction commissions and other claims must be paid effectively and cannot be nullified by setting off, nor can a right of retention be exercised in amounts payable to Autorola.ie.
1.9.5The auction commission is due for cash payment no later than five days after the invoice date. Overdue payments will be subject to interest from the due date at the current interest rate.
1.10Autorola.ie's intangible rights
1.10.1All rights relating to the auction system, including all terms, conditions, descriptions, data, procedures and knowhow rest with Autorola.ie alone. All copyrights, trademarks and all other intangible rights to and relating to the auction system and Autorola.ie, rest with Autorola.ie alone.
1.10.2Any form of copying, replication or other kind of imitation is forbidden.
1.10.3Users may only use the auction system for correct and lawful participation in the Autorola.ie car auction. Any violation can be expected to lead to liability and legal prosecution.
1.11Exemption of liability
1.11.1Autorola.ie is only the auction host and as such is never party to a car sale agreement entered into during the auction. Thus it is exclusively the buyer and seller who are the parties in the sales transactions agreed to. Autorola.ie has no liability, in any respect, for the car sales transactions, including the behaviour of the buyer and seller. This applies particularly, but is not limited to, the seller's information about the car, whether the seller can/will sell and hand over the car, whether the buyer can/will pay for and accept the car, whether the seller is the owner of the car, whether any third party has a hire purchase, seizure, ownership reservation, pre-emptive right, purchase option or other entitlement relating to a car.
1.11.2Autorola.ie will not be liable for interruptions to service and faults that have arisen as a direct or indirect consequence of communication errors, data-entry errors, or breakdowns/interruptions to service on the Internet, the auction system servers, hardware or software.
1.11.3Autorola.ie will not be liable under any circumstances for consequential damages and indirect losses, including lost profits, income, business opportunities and loss of data, information, etc. Autorola.ie will also not be liable under any circumstances in the event of force majeure, including factors which Autorola.ie has no influence over.
1.11.4In the event that Autorola.ie is liable, under no circumstances can the compensation claim exceed 1,000 EUR, regardless of the size of the loss suffered.
1.12Handling of personal information
1.12.1All information about the users which users provide to Autorola.ie will be treated confidentially and will not be passed on to third parties, except to the extent this is necessary in order to complete a sale transaction. However, Autorola.ie reserves the right to pass on information where this is required by legislation, government authorities or the courts. Thus Autorola.ie will only use the information for internal purposes within Autorola.ie and any affiliated companies. However, Autorola.ie also reserves the right to use the information in anonymised form, for example in connection with marketing, user surveys, guidelines, etc.
1.13Choice of law and court of jurisdiction
1.13.1The relationship between Autorola.ie and the users is subject to Irish law.
1.13.2The court of jurisdiction for legal proceedings between Autorola.ie and the users shall be the Court in London. However, this does not limit Autorola.ie's right to bring enforcement proceedings before other courts. Autorola.ie is also always entitled to choose to bring legal proceedings against a user.
1.14Printing and typing errors
1.14.1Autorola.ie accepts no liability for printing and typing errors.

2

The relationship between the buyer and seller

2.1Introduction - Autorola.ie is never party to a sale transaction
2.1.1This section lays down the conditions which apply to buyers and sellers at the Autorola.ie car auction. For the legal relationship between Autorola.ie and the users, please refer to section 1. Relationship between Autorola.ie and the site users.
2.1.2Autorola.ie is never party to an agreement regarding the purchase or sale of a car. Autorola.ie's role is exclusively to make the auction system available to buyers and sellers. The agreement relationship relating to a car being sold is therefore exclusively a matter between the buyer and seller. Disputes between the buyer and seller must be resolved between these two parties. Autorola.ie's right to receive commission is not affected by the parties' failure to complete a sale transaction. This is the case regardless of the reason for the failure. Autorola.ie can never be made liable for breaches of an agreement by one or both parties.
2.1.3The terms between the buyer and seller in the Terms and Conditions only apply where the parties have not entered into another agreement. For example, the parties may freely choose an alternative delivery time, delivery location, payment date or payment method. If an alternative agreement cannot be reached, the buyer and seller must observe Autorola.ie's Terms and Conditions.
2.2When an agreement has been entered into
2.2.1Once a car has been traded, the buyer and seller have a mutual obligation to contribute to the completion of the transaction and fulfil their obligations in this regard.
2.2.2When a car has been traded via Autorola.ie, the buyer and seller are obligated to print out the contract of sale directly from Autorola.ie. The contract of sale will also be sent as an email or fax.
2.3Delivery and the buyer's right of inspection
2.3.1The buyer collects the car unless agreed otherwise. The pick-up location must be an address notified by the seller as listed under the car description. If the seller does not specify another specific address within the applicable postcode area, the car will be collected from the seller's address.
2.3.2Delivery must take place no later than one week after the sale agreement is entered into. The seller is obligated to allow the buyer to collect the car within the stipulated one week deadline, between the hours of 09:00 - 17:30. If the parties cannot agree on a pick-up time, the buyer chooses a time within the applicable period, but must give the seller at least 24 hours' notice.
2.3.3Before making payment, the buyer is entitled to investigate whether the car matches the seller's description and take the car for a short test drive. The seller carries the risk for any damages that occur during the test drive, unless these are due to negligence or breaches of the Road Traffic Act on the part of the buyer.
2.3.4If the buyer discovers inconsistencies between the car and the seller's description of the car, the buyer is entitled to a reasonable reduction in the price or, alternatively, to cancel the sale all together. This does not impact on Autorola.ie's right to a commission.
2.3.5Before making payment, the buyer is entitled to ensure that the car's chassis number and registration number (where applicable) match the RF01 registration document.
2.3.6The buyer must be given the car's RF01 owner change slip together with the car.
2.3.7During registration for the auction, the seller has the option to offer to deliver the car to the buyer at another location, instead of it being collected from the seller's address. This location can be the buyer's address within Ireland, wherever this might be, excluding islands not connected via bridges or one or more specific geographic areas. If the seller chooses this option, it replaces the "collection" mentioned in the provisions above, such that the area is replaced by the area the seller has offered to deliver within. Regardless of whether the seller chooses this option, the buyer is always entitled to collect the car from the seller's address, should he so prefer.
2.4Payment for the car
2.4.1The buyer must pay the purchase price at the time of delivery, in exchange for the seller handing over the car, the RF01 owner change slip, and any other papers that belong with the car.
2.4.2The buyer must pay in cash or with a bank cheque.
2.4.3If one party so requests, the other party is obligated to provide a receipt for the transaction (for the car, etc., or the payment received).
2.4.4Before making payment, the buyer is encouraged to query the HPI Register to ensure that no hire purchase or other rights are registered on the car. If the parties have agreed that the buyer should pay the outstanding finance directly, the buyer is encouraged to ensure that no further rights are registered in the HPI Register. Please also refer to section 2.9 below regarding the HPI Register.
2.5Risk transferral
2.5.1The risk for the car transfers from the seller to the buyer when the seller hands over the car to the buyer or the buyer's representative.
2.6The seller's basic obligations
2.6.1The seller, having registered the car in the auction, is obligated to deliver the car in the condition described (cf. Autorola.ie's description procedure), once an agreement has been entered into.
2.6.2The seller is responsible for ensuring that all information about the car is correct and complete, and that the car is not defective.
2.6.3The seller is responsible for being the legal owner of the car and that no third parties have any form of rights to the car, including hire purchase, ownership reservation, seizure, purchase option, pre-emptive right or other entitlement, which limits or prevents sale of the car in a free and unencumbered state. The seller is also responsible for ensuring that at the time of delivery, there are no rights registered on the car in the HPI Register. However, the stipulations in section 2.6.3 do not apply where the seller has declared such entitlements during his description of the car, and an agreement is established with the buyer concerning the buyer's redemption or take over of such entitlements as part of the purchase transaction. Before placing his car on sale at the auction, the seller must ensure that all residual debt/outstanding finance on the car and other entitlements on the car can be redeemed in connection with the sale transaction, at or before the time of delivery.
2.6.4Once the car has been handed over the seller has no further obligations to the car.
2.7The buyer's basic obligations
2.7.1Once the buyer, having bid on Autorola.ie, has become the highest bidder in accordance with the bidding rules, or has in any other way accepted to buy the car, a binding agreement has been entered into between the buyer and seller. The buyer is obligated to complete the sale transaction. As such, the buyer must collect the car and pay the seller the purchase price. This is the buyer's primary obligation towards the seller. Please refer to the other provisions regarding the buyer's obligations in the Terms and Conditions.
2.8Disputes between the buyer and seller
2.8.1The relationship between the seller and the buyer is subject to Irish law.
2.8.2Whether a timely complaint has been made, and whether or not a breach/deficiency exists which the other party is liable for, will be decided in accordance with applicable Irish law.
2.8.3If the buyer or seller wish to claim damages against the other party as a consequence of the other party's breach of the agreement, the transport cost will be set to a fixed amount. If the car has been transported several times by arrangement with another party, the compensation amount will be paid for each time. The compensation amount is listed on the Prices and commissions page.
2.8.4In the event of a dispute between the buyer and seller which cannot be resolved amicably, the parties are encouraged to seek assistance from a lawyer. Both parties should not be represented by the same lawyer.
2.8.5In the event of a dispute between the buyer and seller, a copy of the contract of sale must be sent without delay to Autorola.ie's office, along with a description of the cause. This is for statistical and registration purposes and does not mean that Autorola.ie in any way becomes a party in the breach and any dispute between the buyer and seller, nor is Autorola.ie's right to a commission affected. Disputes between the buyer and seller will still be decided directly between the buyer and seller without Autorola.ie's intervention.
2.9The HPI Register and car hire purchases, etc.
2.9.1The seller is responsible for ensuring that the car is free and unencumbered at the time of delivery. Thus the seller is obligated to redeem and ensure the cancellation of all entitlements that creditors and other parties might have over the car before delivery. However, the parties can agree that the buyer, as part of the sale transaction, will redeem financial entitlements and other entitlements in the car. In this case, it is recommended that the buyer makes payment directly to the party who holds entitlements over the car, and ensures that these are cancelled in the HPI Register. With the acceptance of the party who holds entitlements over the car (e.g. a hire purchase), the parties can also agree that the buyer will take over specific debt obligations. It is recommended that all agreements relating to the buyer's redemption or take over of a hire purchase in the car be made in writing and with the greatest care.
2.9.2The parties should be aware that not all entitlements over cars are registered in the HPI Register. This is the case, for example, for pledge rights, right of retention, right of use and other rights. If the person selling the car is not the rightful owner, the buyer runs the risk of having to return the car to its rightful owner. This is also the case for cars purchased by methods other than an auction.
2.10Printing and typing errors
2.10.1Autorola.ie accepts no liability for printing and typing errors.