General Terms and Conditions of VeaCom s. r. o., registered office in Prague 5 - Košíře, Plzeňská 155/113, postal code 150 00, registered in the Commercial Register kept by the Municipal Court in Prague, file number C 116995, CIN: 275 81 063 for sale of used motor vehicles realised in the form of internet auctions (hereinafter referred to as “GTaC”).
1.1.“VeaCom” is a trading company VeaCom s. r. o., with its registered office at Prague 5 - Košíře, Plzeňská 155/113, postal code 150 00, registered in the Commercial Register kept by the Municipal Court in Prague, file number C 116995, CIN: 275 81 063. Contact address and the seat of the company are the same. VeaCom acts within the framework of an Internet auction as a Vehicle Seller or a Vehicle Sales Agent authorised to act on behalf of the Vehicle Owner in the course of the Vehicle Sale (i. e. in particular entitled to confirm the Buyer’s bid and collect the Purchase Price).
1.2.“Vehicle” means a used motor vehicle intended to be used on the road that was offered for sale in the form of an Internet auction.
1.3.“Partner” means a natural or legal person who, within the meaning of Section 420 of the Civil Code, is an entrepreneur in the field of purchase and sale of motor vehicles, is registered with the relevant tax office for value added tax, and moreover, is registered with the VeaCom register on their own request.
1.4.“Internet Auction” means the method of the Vehicle sale, under the terms of the GTaC; the price is stated for the duration of the Internet auction based on the proposals to conclude a purchase contract (the so-called bids) by Partners and selection of the Buyer. Internet auction is not an auction within the meaning of § 1771 of the Civil Code.
1.5.“Purchase Price” means the amount offered by the Buyer for the purchase of a Vehicle, which has been confirmed by VeaCom in accordance with Article 3.2, increased by Administrative fee.
1.6.“Administrative Fee” means the amount of VeaCom’s flat-rate costs related to the sale of an individual Vehicle of CZK 2,000 (in words: two thousand Czech crowns), which shall always be added to the Purchase Price.
1.7.“Auction Thaw Fee” means the payment of the costs associated with the damage incurred in the absence of a contract for the sale of an auctioned Vehicle. The minimum fee for thwarting the auction is CZK 5,000 (in words: five thousand Czech crowns) for each individual Vehicle.
1.8.“Auction Principal” means the amount of CZK 20,000 (in words: twenty thousand Czech crowns) paid before a specific Internet auction to the account of VeaCom. Should the Partner be unsuccessful, or if they collect the vehicles auctioned by the Partner without any problems, the entire amount of the Auction Principal will be refunded to the Partner without undue delay after receiving the Vehicle. If the Partner has auctioned the Vehicle and as a result of the Partner’s action, the purchase contract for the Vehicle cannot be concluded or if they withdraw from the purchase contract or the purchase contract will be otherwise terminated, the Partner will be given back the Auction Principal deduced by the Auction Thaw Fee and other sanctions and fines under the GTaC, for each individual Vehicle not purchased.
1.9.“Vehicle Site Location” means the location specified in the Vehicle Card at which the Vehicle is located from the time of publication of the terms of the Internet Auction until the handover to the Buyer and where the Partners have the opportunity to inspect the Vehicle.
1.10“Seller” means VeaCom or any other natural or legal person interested in selling the Vehicles in the form of an Internet auction.
1.11“Civil Code” means Act No. 89/2012 Coll., the Civil Code, as amended.
2.1.VeaCom reserves the right to control the start, course and termination of the Internet Auction, including the right to cancel or change the Internet Auction until the end of that particular Internet Auction, without giving the Partner any claim against VeaCom.
2.2.The Vehicle that is the subject of the Internet Auction shall be made available to the Partners for inspection at the Vehicle Site Location.
2.3.If a quotation is entered under the Partner's username and password for a particular Vehicle offered at the Internet Auction, the Partner concerned shall be deemed to have entered into a purchase agreement at the time of such submission, committing to purchase that Vehicle from the Seller for the proposed price under the GTaC. The Partner shall be bound by their submitted offer, which serves as a proposal to conclude a purchase contract and entitled only to increase the offered price at any time until the end of the Internet Auction. No price reduction is allowed.
3.1.VeaCom reserves the right, without undue delay after the end of the Internet Auction, to decide whether to conclude a purchase agreement with the Partner who submitted the highest bid (hereinafter referred to as the “Buyer”) or not to sell the Vehicle based on the insufficient submitted bids. In this case, VeaCom may include the Vehicle in a new Internet Auction.
3.2.The subject matter of the purchase contract is the Vehicle with all components and accessories in the state as it stands and lies at the moment of conclusion of the purchase contract, including all possible visible or hidden defects. Given the fact that used vehicles are the subject matter of sale, the Seller does not provide any warranty for the Vehicle except for any warranty that may be given to the Vehicle by its manufacturer or original dealer. Such assurances, if any, shall be included in the Vehicle Auction Presentation. The facts stated above also apply if the Buyer has not used the opportunity to personally and physically inspect the Vehicle at the Vehicle Site Location.
3.3.The Buyer is obliged to pay the Purchase Price (including the VeaCom-confirmed bid price and the Administrative Fee), plus the statutory VAT, based on the VeaCom invoice within three (3) days of its delivery; the delivery of an invoice is also considered to be delivery by e-mail. VeaCom is obliged to send an invoice no later than five (5) days after the confirmation of acceptance of the offer.
3.4.The Buyer undertakes to accept the vehicle within eight (8) days of the end of the auction and to sign a handover certificate with the Seller. However, the Vehicle Purchase Price must be credited to VeaCom’s account no later than three (3) days after receipt of the invoice. If the Buyer does not remove the vehicle within eight (8) days of the end of the Auction, VeaCom will arrange for transportation, storage and surveillance of the vehicle in the external parking lot. The Buyer shall be charged a fee of CZK 3,000 for each individual vehicle for such service. The moment of signing the handover protocol is considered as the conclusion of the purchase contract for the Vehicle between the Seller and the Buyer. VeaCom shall ensure the handover of the Vehicle, including all its parts, accessories, technical certificates, and other documents necessary for making changes to the records of motor vehicles, without undue delay, as agreed with the Buyer. In the event that the Vehicle is without license plates, immobile or unsuitable for operation on the roads, i. e. without a valid roadworthiness testing, the Buyer is obliged to ensure the Registration inspection by themselves, and hand over the protocol of such inspection to the Seller as soon as possible. Such arrangement also applies to special motor vehicles - working machines with license plates requiring a special driving / professional license. VeaCom undertakes to ensure that an application for registration of the change of Owner of the Vehicle is filed within ten (10) days of the takeover of the Vehicle, i. e. the transfer of ownership of the Vehicle, with the competent municipal authority with extended competence.
3.5.The ownership right to the Vehicle and the Risk of Damage to the Vehicle shall pass to the Buyer at the moment of signing the handover protocol pursuant to Art. 3.4 of these GTaC.
4.1.VeaCom is entitled to withdraw from the conclusion of the purchase contract by means of a notification sent to the Buyer by e-mail or fax in the event of Buyer’s delay in paying the Purchase Price or its part for at least three (3) days; payment of the Purchase Price shall mean crediting the relevant amount to the VeaCom account. At the same time, VeaCom is entitled to require the Buyer to pay a contractual penalty of 1% of the Purchase Price of the Vehicle, including VAT, for breach of its obligation to pay the Purchase Price of the Vehicle in time and payment of the Auction Thaw Fee.
4.2.If the Vehicle is not sold to the Buyer, VeaCom may accept the offer of the Partner who has made the next highest bid and who will become the Buyer.
4.3.The Buyer is entitled to withdraw from the conclusion of the purchase contract within 48 hours of the end of the Internet Auction, without giving any reason. If the Buyer withdraws from the purchase agreement, VeaCom will refund all funds received by the Buyer in the same manner, except for the Auction Thaw Fee, without undue delay, but no later than 14 days from the date of receipt of the written withdrawal notice. The Buyer is obliged to withdraw in writing and send the written withdrawal to the address of VeaCom or via e-mail, in which case the Buyer shall send the withdrawal to the address firstname.lastname@example.org.
4.4.Unless otherwise stated in the GTaC, all amounts stated therein are prices without VAT.
4.5.The agreement on contractual penalties under the GTaC is without prejudice to any claim of VeaCom against the Buyer and/or Partner for damages.
Unless otherwise stated, the rights and obligations of VeaCom and the Partner (or the Buyer) not expressly regulated by the GTaC shall be governed by the Civil Code, as amended.