The Veacom Group hereby publishes on its websites www.veacom.cz, www.veacom.sk, www.veacom.pl, www.veacom.com, www.veacom.eu, www.veacom.hu, www.veacom.ru, www.veacom.de the following general terms and conditions for the sale of used movable property (in particular motor vehicles) by means of an internet auction (hereinafter referred to as "GTC").
1.1."Administrative Fee" shall mean the amount of Veacom's flat-rate costs associated with the sale of an individual Subject of Sale in the amount of EUR 100 or the following equivalent in the currency of the Country of Sale - CZK 2,500.00, PLN 450, which shall always be added to the Purchase Price. VAT shall be added to the Administrative Fee in accordance with applicable legal regulations.
1.2."Auction Deposit" shall mean the amount of EUR 1,000 or the following equivalent in the currency of the Country of Sale - CZK 20,000.00, which the Partner must pay to Veacom's account in order to participate in the Internet Auction.
1.3."Internet Auction" shall mean a single competition for the highest offer of purchase price for a particular Subject of Sale designed for the Partners, which is governed by these GTC and is announced by Veacom on the Websites. The Internet Auction is not a public auction or any similar method of sale where the transfer or passage of the ownership right takes place without the need to conclude a purchase contract.
1.4."Purchase Price" shall mean the amount which the Winning Partner has offered in a binding manner for the purchase of the Subject of Sale in the Internet Auction and which Veacom confirms as the winning amount, either expressly or by sending the Winning Partner electronically (by email or, where applicable, to a data box) a payment request / invoice and the Purchase Contract containing the Purchase Price. VAT shall be added to the Purchase Price in accordance with applicable legal regulations.
1.5."Purchase Contract" shall mean the purchase contract, the text of which is contained on the Website and which the Winning Partner is obliged to enter into with Veacom after the Purchase Price has been filled in.
1.6."Location" shall mean the place indicated on the card of the Subject of Sale where the Subject of Sale is located during the period between the publication of the terms and conditions of the Internet Auction and its proper handover to the Winning Partner and where the Partners have the opportunity to inspect the Subject of Sale.
1.7."Partner" shall mean a natural person or a legal entity that is registered in Veacom's records on the basis of their application.
1.8."Subject of Sale" shall mean a movable item that is offered for sale by means of the Internet Auction and whose specification (including known defects) is indicated on the card of the Subject of Sale published as part of the Internet Auction.
1.9."Veacom Group" shall mean the companies Veacom CZ, Veacom SK and Veacom PL.
1.10"Veacom" shall mean a company from the Veacom Group that has been or will be designated as the seller in respect of the Subject of Sale in the Internet Auction, in particular by having been or being identified as the seller on the Websites (in particular on the card of the Subject of Sale) for the particular Internet Auction.
1.11"Veacom CZ" shall mean the commercial company VeaCom s.r.o., with its registered office at Strakonická 3367, Smíchov, 150 00 Prague 5, incorporated in the Commercial Register administered by the Municipal Court in Prague, file No. C 116995, company ID No.: 275 81 063.
1.12"Veacom PL" shall mean the commercial company Veacom PL Sp z o.o., with its registered office at ul. Ligocka 103, Katowice 40-568, Poland, REGON: 525103357, NIP: 6343022837, incorporated in the Rejestr Przedsiębiorców prowadzony przez Sąd Rejonowy Katowice – Wschód w Katowicach, VIII Wydział Gospodarczy KRS (Register of Entrepreneurs administered by the Regional Court for Katowice - East in Katowice, VIII Commercial Division of the National Court Register) under number: 0001030482.
1.13"Veacom SK" shall mean the commercial company Veacom SK s.r.o., with its registered office at Hviezdoslavova 226/5, Trnava, 917 01, Slovakia, company ID No.: 52004724, tax ID No.: 2120867947, VAT ID No.: SK2120867947, incorporated in the Commercial Register administered by the District Court of Trnava, Section: Sro (limited liability companies), Entry 43260/T.
1.14"Winning Partner" shall mean the Partner whose offer of the purchase price in the Internet Auction is assessed by the seller as the highest and with whom the seller expresses their willingness to enter into the Purchase Contract, either expressly or by sending the Winning Partner a payment request / invoice and the Purchase Contract containing the Purchase Price.
1.15“Websites“ shall mean www.veacom.cz, www.veacom.sk, www.veacom.pl, www.veacom.com, www.veacom.eu, www.veacom.hu, www.veacom.ru, www.veacom.de.
1.16"Country of Sale" shall mean the Czech Republic, Slovakia or Poland, depending on which of these countries the company Veacom (which announced the particular Internet Auction and is the seller) is based in.
2.1.The purpose of the Internet Auction is to procure, within a certain time interval, the Partner with the highest binding offer of the purchase price for the Subject of Sale, from whom Veacom is entitled to demand payment of the Purchase Price and the conclusion of the Purchase Contract and who in such case, as the Winning Partner, is obliged to pay the Purchase Price and conclude the Purchase Contract.
2.2.Veacom sells the Subjects of Sale in the Internet Auction usually as an intermediary for its customer, in its own name and for the account of the customer as the original owner. In selling the Subject of Sale, Veacom is thus in the position of the seller, is entitled to act in all matters of the sale and to collect the Purchase Price.
2.3.Veacom has both the right and the obligation to control the commencement, course and termination of the Internet Auction and is entitled to cancel or modify the Internet Auction up to the time of its termination, without any claim arising for the Partner against Veacom. A Partner wishing to participate in the Internet Auction must have paid the Auction Deposit. A Partner who has in the past breached their legal obligations towards any company from the Veacom Group may be denied participation in the Internet Auction at any time.
2.4.In the course of the Internet Auction, Partners have the opportunity to submit offers for the purchase price (bids) at which they are prepared to purchase the Subject of Sale on the basis of the Purchase Contract. Each subsequent offer (bid) must be higher than the previous offer by the minimum amount set in the Internet Auction.
2.5.If, after logging in with an access name and password, a price offer is entered by a Partner for a specific Subject of Sale offered in the Internet Auction, the Partner concerned shall be deemed to have expressed an irrevocable will to conclude the Purchase Contract at the time of such entry and to purchase the Subject of Sale from Veacom at the price offered on the basis of that Purchase Contract. The Partner shall be bound by the offer submitted and shall be entitled to increase the offered price at any time until the termination of the Internet Auction. A decrease in price is not permitted.
3.1.The Subject of Sale is offered in the Internet Auction and sold under the Purchase Contract in the condition as is, taking into account its description on the card of the Subject of Sale, i.e. with all possible obvious defects, defects corresponding to normal wear and tear as well as all hidden defects that were not known to Veacom or the original owner (Veacom customer). Due to the fact that the Subject of Sale are used items, Veacom does not provide any warranty for the quality of the Subject of Sale, with the exception of any continuing warranties already provided for the Subject of Sale by its manufacturer or original owner. Such warranties, if any, shall be stated in the presentation of the Subject of Sale in the Internet Auction. The foregoing shall also apply in the event that the Winning Partner has not taken the opportunity to personally and physically inspect the Subject of Sale at the Location.
3.2.The Subject of Sale is made available to Partners for inspection, or even test drive (in the case of a vehicle), at the Location prior to the commencement or in the course of the Internet Auction. If the Partner fails to inspect the Subject of Sale and take a test drive (in the case of a vehicle) or to analyze all available or referenced documents and information relating to the Subject of Sale, the Partner cannot later claim for defects in the Subject of Sale that were identifiable from the available/referenced documents or during the inspection of the Subject of Sale or the test drive.
4.1.Veacom shall inform the Partner with the highest offer of the purchase price for the Subject of Sale about the acceptance of their offer, together with a request for confirmation of the billing details, by email (possibly to a data box) sent within 3 days after the termination of the Internet Auction. The Winning Partner is obliged to confirm their billing details (by email) to Veacom immediately after the request made by email. Veacom shall send to the Winning Partner by email (or to their data box) the Purchase Contract and the invoice for the Purchase Price with the Administrative Fee within 5 days after the termination of the Internet Auction. Other Partners who are not sent the sale documents are not Winning Partners and shall not be notified separately of this fact. If the Winning Partner provides billing details relating to a third party, Veacom may issue an invoice and Purchase Contract to that third party. However, if the third party subsequently fails to fulfil their obligations, in particular by not paying the Purchase Price, Veacom may cancel the dealings with the third party until the Purchase Contract has been concluded with the third party and only deal with the Winning Partner again. The Winning Partner may not claim that Veacom has defaulted in the performance of obligations that Veacom has performed towards the third party instead of the Winning Partner.
4.2.If the Partner who has submitted the highest offer in the Internet Auction does not receive the notice of acceptance of the offer or the documents for the sale of the Subject of Sale (invoice, Purchase Contract) from Veacom within 5 days of the termination of the Internet Auction, the Partner is obliged to immediately ask Veacom to give a reason for this in order to avoid cases where the Partner does not receive the documents due to a technical failure (non-delivery of an email message, etc.). If the Partner has demonstrably fulfilled this obligation and is still not designated as the Winning Partner within 3 days, the Partner shall cease to be bound by the offer as soon as they notify Veacom electronically that they are not interested in purchasing the Subject of Sale due to the delay. Other than in this manner, the Partner cannot unilaterally release themselves from their obligation to pay the Purchase Price and conclude the Purchase Contract. The Partner shall not be entitled to any compensation for costs or penalty claims in this respect.
4.3.The Winning Partner shall be obliged to pay the Purchase Price and the Administrative Fee on the basis of Veacom's invoice within the due date stated on the invoice, which is generally 7 days from the date of the issue of the invoice; delivery of the invoice shall be deemed to include delivery by email. The Winning Partner shall be obliged to conclude the Purchase Contract within 7 days after receiving it; however, the Purchase Contract shall be concluded without further action by the Winning Partner's full payment of the Purchase Price.
4.4.If the Winning Partner notifies their intention to export the Subject of Sale to a country outside the EU, the Winning Partner shall receive an invoice for the Purchase Price excluding VAT and Veacom shall be in such case entitled to request that the Winning Partner pay a refundable deposit corresponding to the VAT. The Winning Partner shall be obliged to pay the deposit; failure to pay the deposit shall have the same legal consequences under these GTC as failure to pay the full Purchase Price. Veacom shall only be obliged to refund the VAT deposit to the Winning Partner if the Winning Partner proves that the conditions for VAT exemption have been met. In particular, the Winning Partner must prove within 10 days after acceptance of the Subject of Sale, to the extent and in the manner required by Veacom, that the Subject of Sale has been exported outside the EU (in particular, delivery of a decision of the customs authority on the export of the goods to a third country with confirmation of the exit of the goods outside the EU). In any event (even if the deposit is refunded to the Winning Partner or is not charged at all), the Winning Partner shall be obliged to pay to Veacom (or to pay up the rest of) the VAT on the Purchase Price declared by Veacom to the tax administration under applicable legal regulations or assessed by the tax administration, unless the Winning Partner proves the export of the Subject of Sale pursuant to the preceding sentence and provides Veacom with all necessary assistance to relieve Veacom of its obligation to pay VAT in connection with the sale of the Subject of Sale.
4.5.If the Winning Partner who is a VAT payer notifies their invention to export the Subject of Sale outside the Country of Sale to an EU Member State, the Winning Partner shall receive an invoice for the Purchase Price excluding VAT and Veacom shall be in such case entitled to request that the Winning Partner pay a refundable deposit corresponding to the VAT. The Winning Partner shall be obliged to pay the deposit; failure to pay the deposit shall have the same legal consequences under these GTC as failure to pay the full Purchase Price. Veacom shall only be obliged to refund the VAT deposit to the Winning Partner if the Winning Partner proves that the conditions for the reverse charge scheme have been met. In particular, the Winning Partner must prove by the 10th day of the calendar month following after the handover of the Subject of Sale, to the extent and in the manner required by Veacom (in particular a written confirmation and two items of evidence in accordance with Article 45a of Council Regulation (EU) No. 282/2011, as amended), that the Subject of Sale has been exported to an EU Member State and duly registered (if subject to registration) in that country. In any event (even if the deposit is refunded to the Winning Partner or is not charged at all), the Winning Partner shall be obliged to pay to Veacom (or to pay up the rest of) the VAT on the Purchase Price declared by Veacom to the tax administration under applicable legal regulations or assessed by the tax administration, unless the Winning Partner proves the export of the Subject of Sale pursuant to the preceding sentence and provides Veacom with all necessary assistance to relieve Veacom of its obligation to pay VAT in connection with the sale of the Subject of Sale or to enable Veacom to transfer its obligation to pay the VAT to the Winning Partner.
4.6.The ownership right to the Subject of Sale shall pass to the Winning Partner at the moment of full payment of the Purchase Price (whereby the Purchase Contract shall be deemed concluded). The risk of damage to the Subject of Sale shall pass to the Winning Partner at the moment of acceptance of the Vehicle by the Winning Partner.
4.7.The Winning Partner undertakes to take possession the Subject of Sale at their own expense at the Location within five working days after payment of the Purchase Price, the Administrative Fee and the sending of the request for acceptance (PIN). Until the payment has been made, the Winning Partner shall not be entitled to demand the delivery of the Subject of Sale. In the event that the Winning Partner fails to take possession of the Subject of Sale within the specified period of time and does not agree in correspondence with Veacom on an extension of this period, Veacom shall be entitled to charge the Winning Partner a contractual penalty in the amount of EUR 40 (CZK 1,000) for each day of default until the fulfilment of the obligation in question. The right to full compensation for damages is not affected thereby.
4.8.If the Partner does not become the Winning Partner or, as the Winning Partner, fulfils all obligations under these GTC and the Purchase Contract, relating in particular to the payment of the Purchase Price and the Administrative Fee, the conclusion of the Purchase Contract, the acceptance of the Subject of Sale and, if applicable, the provision of the necessary assistance for the purpose of registering the change of the owner in the relevant records, the entire Auction Deposit shall be refunded to the Partner upon their express request, otherwise it shall be deposited by Veacom for the purpose of activation for further Internet Auctions in which the Partner may participate. If the Partner breaches any of their obligations under these GTC or the Purchase Contract, Veacom shall be entitled to charge the Partner a contractual penalty up to the amount of the Auction Deposit. However, this shall not affect Veacom's right to charge the Partner other contractual penalties, default interest or compensation for damages in the actual amount according to these GTC, the Purchase Contract or the law.
4.9.In the event that the Subject of Sale is not sold to the Winning Partner, Veacom may accept the offer of the Partner who has made the next most suitable offer and who will thus become the Winning Partner if they agree.
5.1.Veacom reserves the right to cancel the Internet Auction at any time or to withdraw, without giving any reason, from the intention to sell the Subject of Sale on the basis of a conducted Internet Auction, i.e. to decide not to sell the Subject of Sale on the basis of the offers submitted, until the Subject of Sale has been taken over at the Location. If the Winning Partner has already been selected, the withdrawal from the intention must be notified to the Winning Partner by email, via data box or by another appropriate manner. In such case, Veacom may include the Subject of Sale in a new Internet Auction and the participants in the original Internet Auction shall have no claims against Veacom (for compensation for damages, etc.) in this respect.
5.2.If the Winning Partner fails to pay the Purchase Price including the Administrative Fee in a proper and timely manner, this shall constitute a frustration of the Internet Auction by the Winning Partner and, in such case, Veacom shall be entitled (but not obliged) to charge the Winning Partner a contractual penalty in the amount of the Auction Deposit paid ( where the Auction Deposit shall be used to pay the contractual penalty) and further at its discretion:
(a) a contractual penalty in the amount of 0.5% per day of the amount due, calculated until the full amount due is paid or until Veacom withdraws from its intention to sell the Subject of Sale to the Winning Partner or sells the Subject of Sale to another person, but not exceeding a total of 50% of the Purchase Price; and/or
(b) compensation for damages corresponding to the difference between the Purchase Price offered by the Winning Partner in the Internet Auction and the purchase price at which the Subject of Sale will subsequently be sold in good faith, e.g. in another Internet Auction or by direct sale, if Veacom reasonably considers direct sale to be a more advantageous method of sale.
6.1.Veacom shall be entitled to apply, at any time, any sums of money received from the Partner for any reason preferentially to the payment of any debt owed by that Partner or any other member of the Partner's group to Veacom or any other member of the Veacom Group. The Partner and the member of the Partner's group concerned must be notified immediately of such use of sums of money. Such use of sums of money may mean that the Purchase Price or the Auction Deposit becomes wholly or partially unpaid, in which case the potential Partner's obligation to pay such items shall continue.
6.2.Any unilateral set-offs against amounts to which the Partner is obliged under the contractual relationship with Veacom are excluded and the Partner shall only fulfil the obligation to pay the amounts specified by transferring the amount to Veacom's bank account.
6.3.The Partner shall not be entitled to any claims for reimbursement of costs or claims for compensation for damages or other payments of a punitive nature in connection with participation in the Internet Auction.
6.4.By participating in the Internet Auction, the Partners agree that all communication with Veacom, including notification of acceptance of the offer, sending of invoices and the Purchase Contract, shall be primarily by electronic means, especially by email to the email address provided by the Partner in the registration or to data boxes.
6.5.Unless otherwise stated in these GTC, all amounts stated in these GTC are exclusive of VAT and VAT shall be added to them in accordance with applicable legal regulations.
6.6.The provision of contractual penalties pursuant to these GTC shall not affect Veacom's claim for full compensation for damages, if any. Any contractual penalties under these GTC have a primarily punitive purpose and not a compensatory purpose.
6.7.The applicable law governing all legal relations between Veacom and the Partner / Winning Partner shall be the law of the Country of Sale. Any disputes between Veacom and the Partners shall be resolved by the courts designated according to the general legal regulations; however, it is expressly agreed and accepted by Veacom and the Partners that in any disputes between them, the general court of Veacom, i.e. the court designated according to the Country of Sale, shall also have non-exclusive jurisdiction in each case and, within the Country of Sale, the court of material jurisdiction designated according to Veacom's registered office, if such designation is permitted by applicable legal regulations.
6.8.These GTC have been drawn up in the Czech, Slovak and Polish languages and shall be effective as from the date of their publication on the Websites, i.e. as of 1 February 2024. Veacom shall be entitled to amend these GTC – the amendment shall be effective from the moment of publication of the new version of the GTC on the Websites.