T&C Appendix 2: Surplus Auction

Automa.Net Surplus Auctions Terms and Conditions

UPDATED: 31.07.2024

Access to and use of the https://automa.net site, including the Surplus Auctions module, is provided by AUTOMA.NET sp. z o. o., company registration number: 0000897058, address: Małopolska 1/203, 35-620, Rzeszów, Poland. The site is subject to the following Terms and Conditions.

By participating in the Surplus Auctions through the Automa.Net platform, you agree to the following terms and conditions:

  1. Acceptance of Terms: By participating in Surplus Auctions, either by creating or bidding on an auction, you acknowledge that you have read, understood, and agreed to be bound by these terms and conditions.
  2. User Registration and Eligibility: To participate in Surplus Auctions, users must register on the Automa.Net platform and provide accurate and up-to-date information. Automa.Net reserves the right to verify the information provided and to suspend or terminate the account of any user found to be providing false information. Participation is limited to individuals and entities that can form legally binding contracts under applicable law. Users must be at least 18 years old to participate.
  3. Auction Creation: Users can create auctions anonymously. No personal details of the seller will be shared publicly. Seller details must not be mentioned in the Excel attachment or in the notes section. Failure to comply will result in access to the auction page being blocked.
  4. Minimum Auction Value: The minimum auction value that can be listed is 5000 EUR or more.
  5. Auction Duration and Closing: Each auction will have a specified start and end time. All bids must be placed within this timeframe. Automa.Net reserves the right to extend or shorten the auction duration at its discretion. The highest bid received by the end time of the auction will be the winning bid, provided it meets any reserve price set by the seller. In the event of a dispute over the winning bid, Automa.Net’s decision will be final.
  6. Bidding Process: When a buyer places a bid, the buyer’s premium, which is 10% of the bid amount, will be displayed. This premium is payable if the bid wins.
  7. Minimum Bid Increments: Bids must be at least 500 EUR higher than the previous bid. Bids that do not meet this increment will not be accepted.
  8. Reserve Price: Sellers may set a reserve price for their auctions. If the reserve price is not met, the seller is not obligated to sell the item. When adding an auction, you can choose to add a reserve price or not. If a reserve price is added, you can choose to show it publicly to all buyers or hide it. However, we will display next to your auction one of the following: “Reserve price added,” “Reserve Price: [amount] EUR,” or “No Reserve Price.”
  9. Buyer’s Premium: The buyer agrees to pay a premium of 10% of the bid amount if their bid wins the auction. This premium will be invoiced and charged after the auction ends.
  10. Shipping and Loading Costs: The buyer is responsible for covering the costs of shipping and loading the goods unless the seller decides otherwise. These costs will be detailed in the order document sent to the winning bidder.
  11. Order Document and Payment: Once the auction is won, Automa.Net will send an order document to the winning bidder. This document will require payment of the full amount of the winning bid, plus shipping costs, and the Automa.Net buyer’s premium. Once the full amount is paid, Automa.Net will connect the buyer with the seller.
  12. Payment Confirmation and Goods Delivery: The seller will send the goods and receive payment once the buyer confirms that the goods were received and are in satisfactory condition.
  13. Invoices: The buyer will receive two invoices: one from the seller for the goods and shipping costs, and one from Automa.Net for the buyer’s premium.
  14. Withdrawal of Auctions and Bids: Sellers may withdraw their auctions at any time before the auction ends, provided there are no bids placed. Once a bid has been placed, the auction cannot be withdrawn without Automa.Net’s consent. Bidders may withdraw their bids before the auction ends only under exceptional circumstances, subject to Automa.Net’s approval.
  15. Item Descriptions: Sellers must provide accurate and detailed descriptions of the items being auctioned, including any known defects or issues. Automa.Net is not responsible for the accuracy of item descriptions provided by sellers. We require authentic, real photos of the items without any watermarks or company logos.
  16. Inspection: Buyers are encouraged to inspect items before placing bids. Where possible, Automa.Net or the seller may facilitate the viewing or inspection of the items. Arrangements for inspection must be made directly with the seller.
  17. Confidentiality: All auction details are confidential. Buyers and sellers agree not to disclose any auction information to third parties.
  18. Auction Rules: Automa.Net reserves the right to reject any auction or bid that does not comply with these terms and conditions or is deemed inappropriate.
  19. Dispute Resolution: In case of any disputes arising from the auction process, Automa.Net will facilitate resolution based on these terms and conditions and applicable laws.
  20. Amendments: Automa.Net reserves the right to amend these terms and conditions at any time. Any amendments will be posted on the Automa.Net platform, and your continued use of the Surplus Auctions module will constitute acceptance of the amended terms.
  21. Governing Law: These terms and conditions are governed by and construed in accordance with the laws of Poland. Any disputes arising under or in connection with these terms will be subject to the exclusive jurisdiction of the courts in Poland.
  22. Limitation of Liability: Automa.Net will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your use of the Surplus Auctions module.
  23. Indemnification: You agree to indemnify and hold harmless Automa.Net and its affiliates, officers, agents, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your violation of these terms and conditions or your violation of any law or the rights of a third party.
  24. Product Authenticity and Compliance: Sellers must ensure that all products listed in auctions are authentic and comply with relevant industry standards and regulations. Automa.Net reserves the right to remove any auction listings that are found to contain counterfeit or non-compliant products. Sellers are responsible for any legal consequences arising from the sale of such products.
  25. Non-Payment Penalty: If the winning bidder fails to complete the payment within the specified terms detailed in the invoice, they will be subject to a non-payment penalty. This penalty will be 15% of the winning bid amount and will be invoiced immediately. The bidder will also be banned from participating in future auctions until the penalty is paid.
  26. Force Majeure: Automa.Net will not be liable for any delay or failure to perform its obligations under these terms and conditions if such delay or failure results from events beyond its reasonable control, including but not limited to natural disasters, acts of war, terrorism, labour disputes, or governmental actions.
  27. Termination: Automa.Net reserves the right to terminate or suspend your access to the Surplus Auctions module at any time, with or without cause or notice, including for any violation of these terms and conditions.
  28. Intellectual Property: All content on the Automa.Net platform, including the Surplus Auctions module, is protected by intellectual property laws. Users may not use, reproduce, or distribute any content without Automa.Net’s prior written permission.
  29. Privacy Policy: Your use of the Surplus Auctions module is also governed by Automa.Net’s Privacy Policy, which describes how your personal information is collected, used, and shared. By using the module, you agree to the terms of the Privacy Policy.

By using the Surplus Auctions module and participating in auctions, you affirm that you have read and understood these terms and conditions and agree to be bound by them.