General conditions of the auction

1. ARTICLE - DEFINITIONS

General auction conditions: these general auction conditions;

Client: a natural person whose actions are not carried out for purposes related to a craft, profession or business;

Business customer: a natural or legal person acting as an expert and/or for a company;

Product: one or more goods that are offered for sale on an auction site;

Auction website: an online auction platform where bidders buy products from vidaXL;

Bidder: a consumer (other than business customers) who registers or has registered to participate in the auction in the manner prescribed by vidaXL;

Bid: the amount offered by the bidder in the auction for the product, plus taxes and costs;

Purchase contract: a sales contract concluded between a seller and a buyer;

Buyer: the bidder to whom the auction has been awarded;

Personal data: (personal) data that the consumer is required to provide to vidaXL in order to register and bid on the auction and that is traceable to the person;

Assignment: an explicit statement by vidaXL to the buyer that the auction in which the buyer submitted a bid has been awarded to the buyer. This statement may indicate that a confirmation has been sent via email;

Auction: an online auction through an auction website to sell one or more goods;

Seller: vidaXL will be the seller to the buyer for all goods offered on the auction website;

vidaXL: vidaXL Europe B.V.

ARTICLE 2 - USEFULNESS

2.1. In addition to the GENERAL TERMS AND CONDITIONS, the GENERAL AUCTION TERMS AND CONDITIONS shall also apply in the relationship between the Seller and the Bidder for any Auction, use of the Auction Website, registration of the Bidder on vidaXL to participate in Auctions and in any Auction taking place. vidaXL rejects all (general) terms and conditions of the provider.

2.2 Business customers are expressly excluded from participation in auctions. Only consumers are eligible to register and submit bids.

2.3 In the event of participation in an auction, the bidders are bound by each other and each bidder owes vidaXL to comply with these General Auction Conditions. The provider undertakes to fully and unconditionally comply with the stated conditions applicable to vidaXL auctions and to fully and unconditionally comply with these conditions and to refrain from any action that could be detrimental to the interests of vidaXL.

ARTICLE 3 - REGISTRATION

3.1. In order to participate in the auction as a bidder, you must register in the manner prescribed by vidaXL and agree to the general terms and conditions applicable to the vidaXL auction. Business customers are not allowed to register or participate in the auction. Participation in the auction is not permitted under any circumstances if you are not authorized to perform legal acts or if you are legally incapacitated. vidaXL reserves the right to deny bidders the right to register and participate in the auction and/or to unilaterally waive this right at any time for its own reasons.

3.2. The provider must correctly identify himself at the first request of vidaXL. Failure to do so shall render the tenderer ineligible to participate in the auction.

3.3. When registering, you must provide all the information requested by vidaXL in full, correctly and truthfully, and you must guarantee the accuracy and completeness of the data provided. If this information changes at any time, you must notify vidaXL immediately. Only vidaXL has the right to assess the validity of the registration and the information provided in this context.

3.4. If you are given the opportunity to use your username and password, the username and password you use in the auction are exclusively personal and you may not pass them on to third parties. If you have reason to believe that another person knows your password, you should notify vidaXL without delay. You are responsible and liable for all actions that occur in the auction and that result from the use of your password and/or username, even if they are misused, if you do not handle your username and password with care. vidaXL has the right, regardless of whether you are acting on behalf of the Seller or not, to demand the fulfillment of your payment obligations arising from offers submitted using your username and password.

3.5. You can start using the Auction Website as soon as the registration process has been completed and a user account has been created. The user account may be terminated by vidaXL at any time with immediate effect, without prejudice to any obligations arising from the period prior to the termination of the user account and without prejudice to the provisions of these General Auction Terms and Conditions, which shall remain in force even after the termination of the user account.

ARTICLE 4 - PRIVACY STATEMENT

4.1. By registering on the auction website, you confirm your familiarity with and agreement with the privacy policy and cookie policy. vidaXL reserves the right to record data related to the provider's visit to the website (including the IP address used) if there is a suspicion that the user's account has been misused and/or the website has been misused. For more information on how vidaXL uses the provider's personal data and the use of cookies on the website, please refer to the vidaXL privacy policy found on the vidaXL website.

ARTICLE 5 - AUCTION PROCEDURE

5.1. The preparation and execution of the auction is determined exclusively by vidaXL. This means, among other things, that vidaXL determines the course of events before and during the auction and has the power to allow or refuse the bidder's participation in the auction without giving reasons, not to offer a product or several products at the auction or to change the products (their composition), not to recognize the bid and declare it invalid, and to suspend, continue or cancel the auction and/or take other measures, which he deems necessary.

5.2. The duration of the auction is indicated on the auction website. However, vidaXL has the right to cancel, terminate, suspend or extend the auction (early) at any time. If the auction is not available to all bidders for technical reasons, vidaXL uses the right to extend the auction, but this is not necessary.

5.3. Bidders are obliged to follow vidaXL's instructions and guidelines in the context of the auction.

5.4. The auction will be held in the order specified in the auction catalogue on the auction website. Nevertheless, vidaXL has the right to change the order.

5.5. The Provider accepts the special conditions that may arise during the Internet auction and the (technical) problems that may occur. These problems may include the inability to access the auction website or a specific auction, the inability to bid, errors or errors on the auction site and/or the underlying hardware and/or network connections and/or software used on the auction website. In addition, the maintenance of the auction website and/or the underlying system may mean that problems may arise that limit access to the auction website and/or prevent the submission of a bid.

ARTICLE 6 - DESCRIPTION OF PRODUCTS

6.1. Product descriptions and all information on the auction website are created on the basis of "best knowledge". As a result, it may happen that the description of the auction is incorrect or incomplete. The provider accepts the possibility that the description of the product is incorrect or incomplete and therefore cannot assert any claims or rights based on the descriptions and other information.

ARTICLE 7 - OFFER

7.1. The bid must be placed in the manner indicated by vidaXL on the auction website. Each bidder must determine the highest bid before participating in the auction. Once the maximum bid has been determined, the bidder must provide payment details and the amount of the bidder's initial bid will be pre-approved (deducted) on its payment method until the end of the auction.

7.2. If the auction ends with a bidder winning, only the amount of the winning bid (which may be lower than the highest bid) will be deducted, and the remaining pre-approved funds will be immediately released by vidaXL. Release by vidaXL does not necessarily mean immediate availability in the provider's bank account, as this depends on the processing time of the bank.

7.3. If the bidder does not win the auction, vidaXL will immediately release the full amount previously approved.

7.4. In the event of an error in the initial offer or subsequent offers (e.g. typographical errors), the provider may contact customer service to clarify the situation and request the cancellation or adjustment of the prior authorization. vidaXL reserves the right to assess the validity of such requests.

7.5. The prior authorisation described in Article 7.1 shall be used only once per bidder's auction, at the time the bidder submits its first bid. Any further increase in the bidder's highest bid or any automatic incremental bid generated by the system shall not be subject to additional prior authorisations. The initial prior authorisation shall remain temporarily frozen until the end of the auction. If the bidder wins the auction, vidaXL deducts the final amount of the winning bid using the initial pre-authorization, which may be higher than the first bid, but never higher than the bidder's highest bid. If the bidder does not win the auction, the prior authorisation shall be released in accordance with Articles 7.2 and 7.3.

7.6. The offer submitted by the Provider constitutes a legal offer to vidaXL. The Provider is bound by an offer that is irrevocable and unconditional, except in cases permitted by applicable law or corrected in accordance with Article 7.4.

ARTICLE 8 - CONCLUSION OF THE PURCHASE CONTRACT

8.1. Any bid you place on vidaXL auctions constitutes a legitimate bid to purchase a product. You may not withdraw an offer except in limited circumstances permitted by applicable law, for example, where the product does not conform to the description given in connection with the product on the website.

8.2 Business Customers are not entitled to participate in the auction or to conclude a contract for the purchase of items at auction. All offers from business customers are invalid.

8.3 Participation in the auction does not mean that the goods will ultimately be sold to the bidder. Even if the auction website states that the auction takes place under the highest bidder, this does not necessarily lead to a purchase contract.

8.4 The Provider is aware that the goods sold at auctions are the property of vidaXL. The purchase contract is concluded between the buyer and vidaXL.

8.5 In the event that a (potential) buyer fails to purchase the assigned products within a certain period, the (potential) buyer is in default by law and vidaXL has the right to cancel the contract with the (potential) buyer by written statement and/or sell the purchased goods to one or more third parties. The (potential) buyer is obliged to compensate vidaXL for all damages caused by the breach. After the transfer of ownership of the assigned products to the (potential) buyer, the (potential) buyer can no longer request the cancellation of the purchase contract.

8.6 If the purchase is not possible due to circumstances beyond the control of the (potential) buyer and which cannot be attributed to the (potential) buyer (e.g. due to a third party), vidaXL has the right to terminate the contract with the (potential) buyer by means of a written statement. In this case, vidaXL does not owe the (potential) buyer more than a refund of the price paid.

ARTICLE 9 – RIGHT OF WITHDRAWAL

9.1. The Consumer may terminate the contract from the moment of placing the order until 14 days after receiving the order without giving a reason. vidaXL may ask the consumer about the reason for the withdrawal, but does not oblige the consumer to provide a reason(s).

9.2. The cooling-off period referred to in paragraph 1 shall expire 14 days after the Customer or a third party designated in advance by the Customer, other than the carrier, receives the Product, or:

• if the customer orders several products in the same order: the day on which the last product was received by the customer or a third party designated by the customer. The Entrepreneur may, if he has clearly informed the customer about this before placing an order, refuse to order several products with different delivery times;
• if the delivery of the product consists of several consignments or parts: the day on which the last consignment or the last part is received by the customer or a third party designated by him;
• in the case of agreements for the regular delivery of products within a certain period: the day on which the first product was received by the customer or a third party designated by him.

ARTICLE 10 – BILLING AND PAYMENT

10.1. Unless otherwise agreed, payment obligations are secured by prior authorisation as set out in Article 7. The amount of the winning bid will be deducted from the bidder's account after the auction closes, and vidaXL will immediately release the previously approved funds.

10.2. The release of pre-approved funds by vidaXL does not guarantee immediate availability in the provider's bank account, the time depends on the bank or the provider's payment service provider.

10.3. Coupon codes cannot be redeemed for products purchased for auctions.

ARTICLE 11 – APPLICABLE LEGISLATION

11.1. These General Auction Terms and Conditions and disputes that may arise from auctions shall be governed by Slovenian law.

ARTICLE 12 – OTHER PROVISIONS

12.1. vidaXL reserves the right to change the General Auction Terms and Conditions at any time. In the event of changes, the new conditions apply from the next auction onwards. The current terms at the beginning of the transaction will apply until the transaction is completed. Your continued use of the Services following any changes to the General Auction Terms and Conditions shall be deemed to constitute your binding acceptance of such changes.