General auction conditions
Auction Baltic shall refer to the auction administrator.
An Auction shall refer to the sale of product through the website administered by Auction Baltic.
Automatic Betting shall refer to a bet made by the system on behalf of the user after entering the automatic betting data.
General Terms and Conditions of the auction shall refer to these terms and conditions of the auction.
Website shall refer to the www.auction-baltic.com website.
A Conducted Auction shall refer either to the auction during which the reserved price has been reached or to the auction without a reserved price during which at least one bet has been placed that is equal to the starting price or higher bet than the starting price
A Non-Conducted Auction shall refer to an auction during which the reserved price has not been not reached.
The Seller shall refer to a person who wishes to sell his goods through the Auction Baltic website.
The Seller's Fee shall refer to the fee that the seller has to pay to Auction Baltic from the final sale price of the product. The fee is equal to 14.1%.
The Buyer shall refer to the user who has been declared the winner of the conducted auction.
The Buyer's Fee shall refer to the fee that the buyer has to pay to Auction Baltic from the final purchase price of the product. The fee is equal to 2.3%.
The Sale and Purchase Agreement shall refer to the agreement made with the buyer.
The Product shall refer to any property item that is sold through an auction organized by Auction Baltic.
The Manual Bet shall refer to a bet made by the user manually.
The Reserved Price shall refer to the minimal price that can be fixed by the seller. Reserved price is confidential but in the case when the reserved price is already reached it is shown that the reserved price is reached.
Special terms and conditions of the auction shall refer to auction conditions that may supplement or change the General Terms and Conditions of the auction.
The Betting Step shall refer to the minimum amount required to place a higher bet at the auction than before.
The Bet shall refer to a bet placed in the auction, which cannot be changed and was placed by the auction user.
The User shall refer to any person who has registered on the Auction Baltic website and has all legal powers to place bets
2. Application of the General Terms and Conditions
2.1. These General Terms and Conditions of the Auction apply to describe the terms and conditions of communication between the buyers and Auction Baltic and the terms and conditions of participation in the auctions.
2.2. No other general terms and conditions apply if no Special Terms and Conditions of the auction have been signed with the client.
3. Auction Organization
3.1. Auction Baltic carries out all the organization, preparation, execution and completion of the auction.
3.2. Auction Baltic may take the following actions during or before the start of the auction without any prior notice:
3.2.1. to remove users from the auction;
3.2.2. to refuse to recognize a bet as valid;
3.2.3. to correct Auction Baltic errors in auctions without the possibility for the user to use these errors to his advantage
3.2.4. to take any other action that Auction Baltic deems necessary
3.3. Auction Baltic has the right to demand advance payment before the user participates in auctions and / or purchases or to demand a different form of security for payment in the event of winning the auction.
3.4. Auction Baltic must make a decision after the auction has taken place or has not taken place.
4.1. Auction Baltic reserves the right to unilaterally cancel the auction, terminate the auction earlier than specified in the auction or extend the auction.
4.2. By registering in the system, the user understands and indicates that he is aware that the online auction may face technical obstacles. Auction Baltic disclaims any liability for any direct and / or indirect damages arising in any way, including, but not limited to, the damages incurred through the use of the auctionbaltic.com website.
4.3. Auction Baltic does not assume any liability for any losses incurred by the client due to the inoperative auctionbaltic.com website.
4.4. If the auctionbaltic.com website is not available to all users of the website due to technical failures of the website, Auction Baltic undertakes to extend the possibility to place bets on the auction for 24 hours.
4.5. Auction Baltic does not assume any liability for consequences and / or damages that occur as result of and / or are caused by:
4.5.1. The disruption of operation of the website which affected the website in such a way that the website could not be used;
4.5.2. Any discrepancy between the online auction specifications and the actual specifications;
4.5.3. The information provided on the Website is incorrect, irrelevant or incomplete;
4.5.4. The performance of the user actions specified for the user on the auction website;
4.5.5. The unauthorized use of the website, including cases of third party‘s responsibility;
4.5.6. Any action by the seller that results from the conclusion of the purchase and sale agreement with the seller.
5. Bets and Purchase and Sale Agreement
5.1. The user can place bets on the website in one or more active auctions. The bet made is irrevocable and unconditional.
5.2. Auction Baltic may reject the bet without any explanation.
5.3. Bets are placed excluding VAT, which is applicable under the seller's local laws, and excluding the buyer's fee.
5.4. Bets can be either manual or automatic. When placing a manual bet, the user must enter the exact amount he would like to bet in a particular auction. In the event of an automatic bet, the user must enter the maximum amount he would like to bet in a particular auction. In the event of a third party bet that is higher than the user's bet that has selected the automatic betting, the system will immediately place a bet that is larger by one bet step, without exceeding the selected maximum amount of the user's automatic bet.
5.5. Auction Baltic has the right to acknowledge that the client has made an error in placing the bet and in this case to declare the bet invalid. The user does not have the possibility to be granted the right to make this decision.
5.6. The purchase agreement is usually made with the user who placed the highest bet and when the reserved price was reached.
5.7. Within 72 hours after the auction closes (weekends and holidays are not included in this time), the buyer shall be notified by email stating that a purchase and sale agreement is concluded with him. If during this time the user that has made the highest bet does not receive this email, it means that his win has not been confirmed. Auction Baltic shall not be obliged to provide an explanation if the win is not confirmed.
5.8. If the auction is conducted by a bailiff or a confiscated item is sold, the relevant appointed representative must monitor the progress of the auction.
6. Obligation to Provide Information About the Product
6.1. The buyer must have the right to inspect the product before the end of the auction if the buyer so requests.
6.2. The descriptions of the products and all information provided by Auction Baltic or by third parties on behalf of Auction Baltic must be provided in as much detail and precision as possible, but all this information can only be considered as a recommendation. Auction Baltic and / or the seller do not guarantee the accuracy of the information provided.
6.3. Auction Baltic shall not be responsible for possible inaccuracies in the product description and / or incomplete product description. If it transpires that the product does not comply with its description after the buyer has already placed a bet or concluded a purchase and sale agreement, this situation shall not empower the buyer to withdraw the bet or terminate the agreement.
6.4. If Auction Baltic and / or the seller provide a sample, model or quantity of the product, this information is always for information purposes only. If, upon receipt of the product, the model, the quantity indicated in a particular auction, or other information provided during the auction, differs from the product delivered, this shall not empower the buyer to make claims or claim compensation for any discrepancies.
6.5. If discrepancies in the information are detected during the auction, Auction Baltic must correct the information as soon as possible. The buyer has no right to use the inaccuracy of the information to his advantage.
6.6. The buyer or his authorized person is obliged to inspect the product on the spot at the time of collection. By signing the deed of transfer, the buyer or his authorized person confirms that he has no claims regarding the condition of the product.
7. Obligations of the Buyer
7.1. The buyer is obliged within 48 hours from the confirmation that he has won a specific auction, i. e. after the receipt of an email with confirmation that the auction has been won, to make a transfer to the Auction Baltic account in accordance with the submitted advance invoice and / or purchase and sale agreement. The payment must be made in euros, unless another currency is specified in the advance invoice or the sale and purchase agreement.
7.2. If the buyer fails to pay for the product in a timely manner, the buyer must pay 10% of the amount submitted for payment as a one-off compensation for the costs incurred in organizing the auction and other costs. The buyer is also charged interest at the rate of 0.06% per day for each day of late payment, from the date on which the payment was due.
7.3. If the payment amount does not cover the entire indebtedness, the oldest debts shall covered first under the following order: the invoices for incurred losses and / or expenses; the accrued interest; the invoices for the purchased goods.
8. Warranties, Indemnities and Statements
8.1. Auction items are sold “as they appear” at the time of uploading to the auction, that is, they are sold with all the related disadvantages and advantages. Auction Baltic and / or the seller does not assume any liability for damages incurred due to visible or hidden defects. Also, no guarantees regarding the completeness of the submitted documents, the accuracy of the numbers and the performance information are given.
8.2. Auction Baltic and / or the seller must make every effort to ensure that the description of the products sold at the auction is as broad, complete, correct and clear as possible. Photos should also be made as clear as possible. At the same time, Auction Baltic assumes no liability for any damage that may be caused by the provision of incorrect or incomplete information.
8.3. Auction Baltic and / or the seller do not give any warranties for the auction items and disclaim any claims of third parties.
8.4. Any cables, wires or other fittings for electric power, control or production devices are sold up to the first fuse or first installation site, unless otherwise specified in the special terms and conditions of the auction. Underground or any other built-in connections are not sold with the product unless otherwise specified in the special terms and conditions of the auction.
8.5. Auction Baltic does not assume any liability if ownership of the purchased product is claimed by a third party. Also, Auction Baltic does not assume any liability for the allowable and non-allowable transfer of the purchased products to a third party.
8.6. Any defects, unsatisfied expectations of the buyer or a third party do not give the buyer or a third party any right to claim damages.
8.7. The buyer must indemnify Auction Baltic and / or the seller for any damages that may arise from claims of third parties arising from the concluded purchase and sale agreement.
9. Security Measures During Inspections
9.1. Neither Auction Baltic nor the seller shall be liable for any damage that may be associated with access to the buildings during the inspection of the equipment.
9.2. When inspecting, loading the equipment or at any other time when the buyer or his authorized person is in the close proximity to the product, enters the building where the product is located or in any other way arrives to inspect the product, the buyer or his authorized person are responsible for their own safety and must take the security means required by the laws in effect in the country where the product is located.
10.1. As soon as the buyer makes all the necessary payments, he becomes obliged to arrive to pick up the products to the place specified by Auction Baltic at the time specified by Auction Baltic. At the place of collection of the products, the buyer or his authorized person must have the buyer's identity documents and / or powers of attorney to act on behalf of the buyer. A pick-up of equipment is considered the completion of the purchase.
10.2. The buyer shall be responsible for that the collection of the products takes place at the appointed time, and Auction Baltic is responsible for arranging the delivery of the products.
10.3. If the buyer refuses to arrive or does not arrive to pick up the products without giving any explanation why he has not arrived to pick up the products, but has paid the full purchase amount, Auction Baltic will store the product for no more than 30 calendar days, but all the risk shall remain with the buyer. The storage period may be changed unilaterally at the discretion of Auction Baltic after Auction Baltic notifies the seller thereof. If the buyer, nevertheless, arrives to pick up the products, he must cover the storage, insurance and administrative costs on the equipment, which are equal to 20.00 euros without VAT for one calendar day, but not less than 200.00 euros.
10.3.1. If the buyer, nevertheless, does not arrive to pick up the equipment after 30 calendar days or after the specified storage period, it is considered that the buyer has waived the ownership of the product and Auction Baltic restores all the rights to sell the product at another auction. When applying this article, Auction Baltic reserves the right to demand that the terms and conditions of the sale and purchase agreement be fulfilled at any time, as well as to demand indemnification and compensation for all losses, i. e. the auction seller's and the auction buyer's fees, storage, administration, insurance costs and any other expenses that may arise from the circumstances of non-performance of the sale and purchase agreement.
10.4. The buyer is responsible for fulfilling all requirements that may be related to the export and / or import of the product from / to any European Union or other country. This means that the buyer must comply with the law of the country where the sale and payment take place. The seller must also pay the relevant fees in that country, collect the necessary documents and, if necessary, obtain special permits for transportation.
10.5. Auction Baltic is neither the consignor nor the consignee of the equipment, therefore, for the purposes of transportation, the buyer must be registered as the consignor and consignee of the products in all documents related to transport and customs services.
10.6. The transfer of ownership of the product shall take place together with the signing of the deed of transfer. If by the time of the transfer of the product the buyer has not yet paid for the product, the transfer of the product and the ownership shall not take place. If the product consists of several items, the transfer of ownership shall take place after signing one deed of transfer which is related to a specific auction and / or sale and purchase agreement.
10.7. If the buyer wishes to use his own handling equipment to load the product, he must obtain the written consent of Auction Baltic and / or the seller. The buyer also confirms that he is aware that his handling equipment must meet the certification and handling requirements.
10.8. The buyer must disassemble or dismantle the product himself, if this is necessary and had not been done before the sale of the product, but this can only be done with the written consent of Auction Baltic or the seller. If, during the disassembling or dismantling, the buyer causes any damages to Auction Baltic, the seller or a third party due to defects during the disassembling or dismantling, the buyer must indemnify them for all damages.
10.9. If any waste or rubbish is generated during the loading, dismantling or dissasembling of the product, the buyer is responsible for the disposal of such waste or rubbish in accordance with the laws of the country where the transfer and / or purchase of the equipment takes place.
10.10. If it transpires that it is impossible to transport the product due to possible damage to the buildings and / or premises where the product is located, Auction Baltic may terminate the purchase and sale agreement by notifying the buyer thereof by email and / or registered mail. In this case, Auction Baltic and / or the seller are obliged to return only the amount of money that the buyer has already paid.
10.11. If the buyer's products impede the loading of other products or prevent third parties from carrying out their activities, the buyer must immediately arrange the transportation of the product on the date specified by Auction Baltic, immediately after notifying Auction Baltic by email and / or registered mail on a specific date. If the buyer is unable to carry out the transportation in a timely manner, he can move the product in a way so as not to impede other shipments or third parties. If the buyer does not do so or is unable to do so in a timely manner, Auction Baltic shall move the products to another location, but all risks shall remain with the buyer and the costs arising from these actions must be borne by the buyer.
11. Termination of the Purchase and Sale Agreement
11.1. If the buyer fails to perform at least one of the obligations specified in the purchase and sale agreement, including, but not limited to:
• failure to pay or non-timely payment of the purchase price of the product
• failure to arrive or failure to pick up the product in a timely manner
• failure to provide or failure to provide information and/or documents required to complete the purchase in a timely manner
• the buyer violates the law in making the purchase
the purchase and sale agreement with the buyer may be terminated unilaterally by Auction Baltic or at the seller's initiative by notifying the buyer in writing. The buyer has no right to claim compensation for any loss or damage suffered. In this case, neither the seller nor Auction Baltic shall loose the right to claim compensation for the damages incurred.
11.2. Auction Baltic and / or the Seller may terminate the Purchase and Sale Agreement unilaterally if, upon request by Auction Baltic to provide the documents securing the performance of the Agreement, they are not provided or are provided with insufficient information to ensure the Buyer's capability to fulfil the terms and conditions of the purchase and sale agreement.
11.3. Auction Baltic and / or the seller may terminate the purchase and sale agreement unilaterally if one of the parties becomes aware that the buyer may not fulfil the terms and conditions of the purchase and sale agreement due to the threat of bankruptcy or possible withholding and / or suspension of payment.
11.4. Upon termination of the agreement with the buyer in accordance with para 11.1, 11.2 or 11.3, the buyer must indemnify for the damage, loss and other costs incurred by Auction Baltic and the seller. Payment of damages must be made to the specified Auction Baltic‘s bank account, and the entire amount payable to Auction Baltic and the seller must be transferred. Also, the buyer may not claim compensation under para 12.1 of these General Terms and Conditions of the Agreement.
11.5. Where Auction Baltic or the seller notice during the performance of disassembly or dismantling works by the buyer that they may cause significant damage to the building in which the Product is located and/or the adjacent buildings, Auction Baltic may terminate the performance of the purchase and sale agreement at the Seller's initiative. In this case, Auction Baltic and / or the seller shall not indemnify for any damage or loss suffered by the buyer.
11.6. Where, during the performance of the purchase and sale agreement, Auction Baltic notices that the further performance thereof will make the process impossible or extremely complicated and / or the agreement performance costs will become disproportionate to the sale price of the products, Auction Baltic may terminate the performance of the agreement unilaterally. In this case, the buyer does not acquire any right to claim any damages or losses from Auction Baltic.
11.7. Where transportation and / or performance of the sale and purchase agreement becomes impossible for Auction Baltic or the seller due to force majeure circumstances (fire, theft, natural disasters, etc.), Auction Baltic and / or the seller shall have the right to unilaterally terminate the purchase and sale agreement. In this case, Auction Baltic and / or the seller shall not indemnify for any damage or loss suffered by the buyer.
11.8. After the products have already passed to the buyer's responsibility and / or become the buyer's property, the buyer cannot demand that the purchase and sale agreement be terminated and / or cancelled.
11.9. Where the purchase and sale agreement with the buyer is terminated in accordance with para 11.1, 11.2, 11.3 of these General Terms and Conditions, the buyer shall be obliged to pay compensation for the administrative, storage, insurance, transportation and other costs incurred, which is equal to 22% of the final price of sale of the product.
12.1. Auction Baltic's liability for damages that may arise from these general terms and conditions of the auction and / or special terms and conditions of the auction and / or the purchase and sale agreement is limited to the amount that the injured party may claim from the insurance company. If this amount, which may be claimed from the insurance company, is not sufficient to indemnify for the damages, the financial liability of Auction Baltic shall be limited to a maximum amount of EUR 1 000.00 (one thousand, euros and 00 cents).
12.2. Any rights of claim of the buyer shall expire 7 days after the pick-up of the product, i. e. after signing the deed of acceptance and transfer.
12.3. Auction Baltic shall not be liable for any indirect damages, e.g. lost profits, lost earnings, etc.
12.4. Auction Baltic and / or the seller shall not indemnify the buyer for any damages that may arise due to visible or hidden defects, the accuracy and / or completeness of the information provided, the operation or non-operation of the product, the liquidity of the product, or third party rights to the product.
12.5. Any failures or defects, regardless of their origin, as well as unreasonable expectations of the buyer, rights of claim of third parties or any other factors that have caused damage to the buyer, do not entitle him to claim damages from Auction Baltic.
12.6. Auction Baltic and / or the seller shall not be liable for any visible or hidden defects. The Buyer is obliged to perform an assessment of the equipment in accordance with the procedure described in para 6 of these General Terms and Conditions and, after doing so and finding defects, to notify Auction Baltic thereof. If the buyer has not done so, any defects are the buyer's responsibility.
12.7. Auction Baltic does not assume any liability for third party intellectual property claims. The buyer acknowledges to be aware that such rights may be claimed from third parties.
12.8. Auction Baltic shall not be liable for any direct or indirect damage caused or likely to be caused by the purchased product to the buyer or third parties.
12.9. Auction Baltic and / or the seller shall not be liable for damage to people or property caused by the performance of the sale and purchase agreement. It is the buyer that shall be liable for this damage.
12.10. Auction Baltic and / or the seller shall not be liable if the purchased product does not comply with European Union directives and requirements, laws or any other requirements.
12.11. Auction Baltic and / or the seller shall not be liable for the fact that due to technical problems of the auction system and / or any other technical problems arisen during the auction, the buyer could not place a bet, join the auction system or otherwise participate in the auction.
12.12. Auction Baltic and / or the seller shall not be liable for any damage caused by viruses that may have spread through the Auction Baltic website.
12.13. Auction Baltic and / or the seller shall not be liable for any damage that may result from incorrectly provided, outdated or incomplete information, regardless of whether this information has been provided on the Auction Baltic website or this information has been provided in auction links to third party websites.
12.14. Auction Baltic and / or the seller shall not be liable for any damage to environment that may be caused by actions related to the product purchased.
12.15. Auction Baltic cannot guarantee that the seller will actually sell the equipment at the time of the auction and Auction Baltic does not guarantee that the products being sold are not encumbered with court arrests or any other restrictions that may prevent the sale of the products. Also, Auction Baltic shall not be liable for any intellectual property restrictions of third parties on the sale of products.
12.16. Auction Baltic shall not be liable for any damages that may be incurred by the buyer in connection with any subsequent realization and / or sale of the equipment. Also, Auction Baltic shall not be liable for any damages that may be related to sales restrictions due to third party rights or intellectual property rights to the product.
12.17. Auction Baltic's liability under these general terms and conditions is limited and does not apply if the damage caused was due to gross negligence of persons hired by third parties or the seller.
13. Operation of the General Terms and Conditions of the Agreement and Their Amendment
13.1. If any provision of the General Terms and Conditions of the Auction becomes invalid or is revoked, all other terms and conditions shall remain the same. In such a case, Auction Baltic is obliged to submit amendments or changes to the General Terms and Conditions of the Auction.
13.2. Any deviations not described in the General Terms and Conditions of the Auction or the Special Terms and Conditions of the Auction may be acknowledged as valid only if they have been approved in writing by a representative of Auction Baltic.
13.3. The General Terms and Conditions of the Auction may be accompanied by the Special Auction Agreement, which is an equivalent document. In the event of a conflict between these documents, the Special Terms and Conditions of the Auction shall prevail in the decision-making.
13.4. Auction Baltic may amend the General and Special Terms and Conditions of the Auction at any time, and the amendments shall take effect within 48 hours from the time the user has been notified thereof by email.
14. Applicable Law
14.1 The General and Special Terms and Conditions of the Auction are governed by the law and legal acts of the Republic of Lithuania.
14.2. In the event of any problems that must be resolved judicially, the court proceedings must take place in the court system of the Republic of Lithuania.
14.3. In the event of any discrepancies between the Lithuanian and English texts of the General and / or Special Terms and Conditions of the auction, the Lithuanian version of the Terms and Conditions shall prevail.