Terms of intermediation and sale of vehicles through the vehicle auction TradingSolutions, [2017-09-20].

At the end of the auction, the Car Dealer with the highest bid on each vehicle ("Highest Bid") has won the auction ("Buyer"). The buyer then has an obligation to complete the purchase, provided that Pre-emptive Rights are not exercised. Should bids on the same amount occur, it is always the first registered bid.
1. TradingSolutions Sverige AB, 559005-2857 ("TradingSolutions")
1.1. TTradingSolutions provides an online marketplace ("Marketplace") on the Internet for the sale of vehicles. The marketplace is owned and administered by TradingSolutions Sverige AB, 559005-2857 ("TradingSolutions").
1.2. TradingSolutions sells vehicles on their own behalf and has a responsibility vis-à-vis both sellers and buyers.
1.3. Only at TradingSolutions registered and by TradingSolutions authorized car dealer ("Car Dealer") can buy vehicles through the Marketplace. The car dealer undertakes to notify TradingSolutions if ownership changes occur within the Car Dealer.
1.4. These terms and conditions, as well as other terms and policies notified to the Car Dealers, constitute the terms ("Terms"), which regulate the Car Dealer's rights and obligations regarding vehicle sales through the Marketplace.
2. Vehicle origins
2.1. The vehicles come primarily from leasing companies in Sweden ("Leasing Companies") and, in some cases, from another company, commonly referred to as the "Seller"..
2.2. The vehicles from Leasing companies have leased out to various caravan customers in Sweden ("Vagnparkskund") before the sale via the marketplace.
2.3. All vehicles offered for sale through the marketplace are offered with a pre-emptive right for the Vagnparkskund or Seller who last used their respective vehicles ("Pre-emptive Rights").
3. Access to the marketplace
3.1. Only legal entities may be granted access to the marketplace.
3.2. In order to gain access to the marketplace, the car dealer must complete the registration form at sales.tradingsolutions.se. as well as approved by TradingSolutions. Requirements for approval include SNI code in the car trade, website and e-mail under their own domain name as well as a car hall. The car dealer is responsible for providing correct organization, personal and address information and keeping informed information up to date.
3.3. For a Car Dealer, a right to participate in auctions and to offer the vehicles provided. Messages from TradingSolutions are sent by e-mail and it is therefore the responsibility of the Car Dealer to ensure that the correct e-mail address is at any time registered with TradingSolutions.
3.4. By accepting this agreement, the Car Dealer accepts the Terms and Commitment to follow the instructions and instructions given. The car dealer also undertakes to keep up to date on any changes in terms of conditions. As a legal person, the Car Dealer's representative upon registration also confirms that he has the authority and authority to bind the Car Dealer to the Terms.
3.5. For sign-in at the marketplace, the Car Dealer selects his username and password. These are personal and may not be disclosed to others or stored so that unauthorized persons can access them. The car dealer is responsible for all transactions made after logging in. If passwords and usernames occur, this must be notified immediately to TradingSolutions. The car dealer must also immediately change the details of TradingSolutions.
4. Condition of the vehicle
4.1. All vehicles are sold as is.
4.2. Inspection protocols for the vehicles as well as other descriptions are available at the marketplace. Inspections are conducted at general level.
4.3. The inspections are usually performed by car dealers, authorized dealers of the current brand, by TradingSolutions, as well as by the TradingSolutions affiliated partner's valuation officer and by a valuation officer appointed by the Chamber of Commerce. The tests are subjective, which may mean that the assessment of standard deviations and injuries may vary. Consequently, the tests should be considered as indicative only and the Car Dealer must be prepared to ensure that deviations from the test protocol may occur.
4.4. TradingSolutions accepts no responsibility for the contents of the test protocols performed by anyone other than TradingSolutions.
4.5. The location of the vehicle is shown under the description of the respective vehicles in the marketplace.
5. Auction Procedure and Bidding
5.1. New vehicles are placed on the marketplace continuously. It is possible to bid on the vehicles immediately when posted.
5.2. The closing times for the respective vehicles are shown in the auction list.
5.3. To bid on a vehicle, the Car Dealer must log in to the marketplace. Bidding is done with hidden bidding, which means that the Car Dealer can not see other car dealers' bids during the auction.
5.5. The withdrawal of bids from the Car Dealer can not happen after the auction ends unless it is obviously unreasonable.
5.6. After auction ends, the highest bid for the car dealership offered on a vehicle is shown.
6. Pre-emption right
6.1. All vehicles offered for sale through the marketplace are offered with a pre-emptive right for the Lessee or Seller who last used their respective vehicles.
6.2. The pre-emptive right gives the Vagnparkskunden or Säljare the right to purchase the respective vehicles. If Lessee or Seller wishes to use their Pre-emptive right, the buyer will be notified as soon as possible.
6.3. Lessee or Seller may decline the highest bid and withdraw the vehicle from the marketplace.
6.4. If Lessee or Seller waives their Pre-emptive right, an e-mail will be sent to the Buyer, stating that the Buyer purchased the car, the item concerned and the price of the vehicle ("Confirmation"). In addition, Buyer receives information about delivery and payment information.
7. Value Added Tax
7.1. Entered bids are inclusive of VAT. In case the vehicle has Margin VAT, it is stated in the description of the respective vehicle.
8. Buyer's fee
8.1. When buying via the marketplace, a ("Buyer's fee") accrues according to TradingSolutions current price list. For EU sales and exports, the buyer's fee is billed together with the car.
8.2. For purchasers outside Sweden who wish for export invoice without VAT, in cases where the vehicle is eligible for deductible VAT, one for each vehicle will be added at any time.
9. Payment
9.1. Payment for a purchased vehicle shall be made to TradingSolutions no later than two (2) business days from the confirmation date or at the later date stated in the Confirmation e-mail.
9.2. The amount shall be transferred to the bank account number specified in the payment instruction that is mailed after the auction, stating the invoice number.
9.3. Payments must always be made from the registered buyers's own bank account.
9.4. In case of delays of payment, the Seller has the right to choose whether or not to terminate the agreement or to use its withdrawal rights. If the transaction is still completed, TradingSolutions msay charge a daily late fee according to the applicable price list, as well as late interest rate as stipulated by Swedish law. TradingSolutions reserves the right to terminate the car dealer's access to the marketplace in case of non-payment.
10. Delivery
10.1. All vehicles purchased through the marketplace must be transported to the Buyer using the Buyer’s preferred shipping company. The shipping order is made by TradingSolutions at the buyer's own expense.
11. Proviso regarding ownership and right of reversal
11.1. The seller reserves the right to the vehicle until the Buyer has fulfilled all of its obligations under the terms of the respective vehicle business. Buyers who before the transfer of ownership transferred to him sell, pledge, rent or otherwise dispose of the current vehicle may be subject to criminal liability.
11.2. If all or part of the Buyer's debt is overdue for payment, the Seller reserves the right to reverse the sale of a vehicle.
11.3. TradingSolutions or in some cases; the leasing company will re-register the vehicle on the Buyer as soon as the payment is received.
12. Complaints
12.1. Any complaints must be made to TradingSolutions.
12.2. AAll claims must be channeled directly to TradingSolutions and may not be made with lessees or leasing companies, ie. the Seller.
12.3. Complains may only be made by the Buyer if significant discrepancies exist from what is stated in the inspection protocol. Complaints may also be made for large, costly damages not reported in the inspection protocol.
12.4. The buyer must, in order for the claim be accepted, promptly contact TradingSolutions by telephone or by email no later than three (3) days after the vehicle has been delivered. Upon receipt of a complaint, the buyer receives a form for completion.
12.5. The complaint must contain full information about the reason for the complaint and the Buyer's estimate of claims costs in addition to the test protocol and damage pictures.
12.6. In the event of complaint, consideration shall be given to what can be considered as normal wear and tear on the age and mileage of the vehicle.
12.7. In case of complaints regarding older vehicles, the value reduction on the vehicle is considered rather than the actual repair cost.
12.8. Removable equipment; For example, winter wheels, extra mats, GPS / navigator, fire extinguisher, first aid kit, car seat, cargo boxes, roof box, DVD / LCD monitors and the like may in some cases be missing and are not ground for any claim.
12.9. If the inspection protocol lacks information about the condition of the vehicle, the purchase may be reclaimed only if the damage to the vehicle is extensive.
12.10. When calculating damage costs, the starting point is that these should correspond to the cost of restoring the vehicle to normal condition, taking into account the age and mileage of the vehicle.
12.11. Assessment of claims costs is made by TradingSolutions.
12.12. TradingSolutions will immediately investigate the complaint and contact the Buyer in writing with his decision.
12.13. The vehicle must be registered with the buyer until the complaint is settled, otherwise no reduction of price may be paid.
12.14. In the event of a valid complaint, the claims incurred by TradingSolutions shall be billed immediately to TradingSolutions within 15 (15) days. In case of late invoicing no compensation will be paid.
12.15. If no agreement can be reached, a cost assessment shall be made by one of TradingSolutions designated and independent for the current vehicle brand authorized car dealer. Such assessment shall be at the expense of TradingSolutions.
12.16. TradingSolutions and Seller reserves the right to cancel the purchase in case of a complaint instead of a reduction in price.
13. Liability and Limitation of Liability.
13.1. TradingSolutions is not responsible for any data loss or for any reason, for example, by bidding, and more. The car dealer is not entitled to make any claims against TradingSolutions because the marketplace has not been available, worked unsatisfactory, contains viruses or the like. TradingSolutions reserves the right to renew or redeem auctions that are subject to technical problems.
13.2. Should TradingSolutions obligations be prevented or hampered by external circumstances that could not be predicted or beyond TradingSolutions's control, TradingSolutions is free of liability. In time of the above mentioned obstacles, the Car Dealer is obliged to fulfill its obligations as far as possible.
13.3. TradingSolutions' liability vis-à-vis the Car Dealer is in any event limited to compensation for direct damage and does not in any case amount to more than one amount equal to half the price base amount.
14. Information and materials.
14.1. All marketplace users, both buyers and sellers, provide TradingSolutions with a non-exclusive, perpetual, irrevocable, royalty-free right to exercise the copyright, trademark and publishing rights in all known and not yet known media.
14.2. Users or visitors to the Marketplace may not copy, reproduce, modify, derive the work from, distribute or present for any other content from the Marketplace. Winning bidders may use TradingSolutions images of the purchased car in their advertisement - provided images are taken at a TradingSolutions inspection site where TradingSolutions has copyright.
15. Processing of personal data.
15.1. All information about the Car Dealer is strictly confidential and is used to the extent required to; administer the user account, check the car dealer's use of the marketplace and carry out a vehicle auction through the marketplace.
15.2. TradingSolutions may disclose information to the extent required by law. Subcontractors may also process personal data on behalf of TradingSolutions.
15.3. For information about their registered personal data, the Car Dealer may contact TradingSolutions for an excerpt.
16. Cookies.
16.1. The marketplace contains so-called cookies. According to the Electronic Communications Act, anyone who visits a website with cookies should get information about what they are used for and how they can be avoided.
16.2. A cookie is a small text file that the site you visit saves on your computer. The text file contains information and is used, for example, to facilitate the visitor's use of the site. There are two types of cookies. One type saves a file for a long time on your computer. For example, it uses features that talk about what's new since the user last visited the current site. The other type of cookies, such as session cookies, only stored temporarily during the time you are browsing and browsing a page. TradingSolutions uses both of them. To avoid cookies being used on your computer, the browser must be reset.
17. Messages.
17.1. Notifications to the Car Dealer are usually provided through the Marketplace or via the e-mail address of the Car Dealer registered.
17.2. Message published on the marketplace is deemed to have been reached by the Car Dealer. Message sent to the Car Dealer by e-mail, letter or the like is deemed to have arrived at the Car Dealer at the latest the following day.
18. Contract period and termination.
18.1. These terms and conditions will come into force with the Car Dealer's approval and will be valid until further notice.
18.2. The car dealer is entitled to terminate the agreement after notification if it has been sent to TradingSolutions by e-mail. The car dealer shall terminate any ongoing business and submit to PaySolutions with payment.
18.3. From the notice of termination until the termination enters into force, the Car Dealer is not entitled to bid on (buy) any additional cars.
18.4. TradingSolutions is entitled to turn off the Car Dealer that violates these terms. Car dealers who have been turned off do not own the right to use any other Car dealership account.
18.5. TradingSolutions reserves the right to terminate the Car Dealer without providing a reason.
18.6. TradingSolutions is entitled to decide on settlement of the marketplace and in connection with this terminate this agreement.
18.7. Termination from TradingSolution's page is effective immediately, whereby the Car Dealer's outstanding debts to TradingSolutions will expire for immediate payment.
19. Modification of the Terms.
19.1. TradingSolutions is entitled to change the Terms. All changes are subject to information to the Car Dealer via the Marketplace and / or e-mail or other communications no later than ten (10) days before they come into force.
19.2. New Terms and Conditions apply to the Car Dealer as soon as the Car Dealer uses the Market Place after the new Terms and Conditions come into effect and apply then until further notice.
19.3. Car dealers who do not approve the new terms do not own the right to sign in to the system as from the date the new terms come into force..
20. Transfer of rights.
20.1. TradingSolutions is entitled to transfer all or part of the rights and obligations stated in the Terms. In the event of a transfer, information about this will be presented on the marketplace, about who took over rights and obligations after the transfer.
20.2. Car dealerships are not entitled to transfer rights or obligations under the Terms.
21. Disputes and applicable law
21.1. Swedish law applies to the Terms. Disputes concerning validity, interpretation, application and / or applicability of the Terms shall be decided by the General Court in Stockholm, Sweden.

Terms of trade-in auctions


TradingSolutions trade-in auctions constitute a marketplace where car dealers can buy and sell cars between each other. TradingSolutions only provides the marketplace and is not a contracting party when a deal is made up. Trade-in auctions constitute a separate section of TradingSolution's marketplace with a separate fee structure.

22. Trade-in Auctions.
22.1. The seller provides and is responsible for the inspection.
22.2. After the auction has ended, the payment is made directly to the selling car dealer.
22.3. Trade-in auctions have no end time - the bidder determines the validity time of his bid.
22.4. Lower club fee than for other auctions.
23. Seller's obligations.
23.1. The seller shall describe the defects of the vehicle in a correct manner. The seller is also responsible for ensuring that the condition of the car does not differ from the condition when the car was sold.
23.2. The seller is responsible for settling outstanding debts and ensuring that the car is not leased before it is transferred to the buyer.
23.3. If the buyer can prove more costly damages not reported in the inspection protocol, the seller is obliged to pay compensation. The seller may choose to cancel the purchase instead of a reduction in the price.
23.4. The seller may not act to avoid marketplace fees. If the deal is made up with the buyer at a different price outside the marketplace, the parties are still obliged to pay commissions and buyers' fees.
24. Buyer's Obligations.
24.1. The buyer's bid is binding within the validity time of the bid. Withdrawal of bids from the Car Dealer may not be done unless it is obviously unreasonable.
24.2. The buyer must review the pictures, inspection protocols and car description before making the bid to ensure that the buyer has all the necessary information.
24.3. The buyer may not act to avoid the marketplace fees. If the deal is made up with the seller at a different price outside the marketplace, the parties are still obliged to pay commissions and buyers' fees.
25. Payment Terms.
25.1. Payment terms are primarily stated in the seller's description, if not, the general terms of payment below will apply:
25.2. Payment must be made before the car is picked up and before a shipping order is made, unless otherwise agreed between the buyer and seller.
25.3. The seller is entitled to charge a reminder fee and a reasonable interest rate if payment is not made within the agreed period.
26. Complaints.
26.1. Complaints are handled by buyers and sellers. Upon cancellation of purchase, buyers’ fees and sales fees will be refunded.
27. Shipping
27.1. Shipping orders may be done by the seller via the tradingsystem, at the buyer's expense.
28. Fees.
28.1. Buying via the marketplace adds a buyer’s fee according to TradingSolutions at currently applicable price list for Trade-in auctions. The buyer’s fee for Trade-in auctions are lower than normal, because the deal is administered directly by buyers and sellers.
28.2. When selling and publishing at the marketplace, a sales fee is due according to TradingSolutions currently applicable price list.
29. TradingSolutions responsibility.
29.1. In Trade-in auction, TradingSolutions is only responsible for the marketplace's function. TradingSolutions is not responsible for ensuring payment or delivery of cars or for the quality of the cars or for entered agreements between buyers and sellers.
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