Allgemeine Geschäftsbedingungen

These General Terms and Conditions apply to anyone who chooses to use Bidder's Highways platform to sell or buy motor vehicles. By registering as a User of the Platform (the website), you agree to these Terms of Use and warrant to abide by them.

1. Definitions

Bidders Highway: is a marketplace that enables users to market, sell and buy motor vehicles. Platform: The marketplace, i.e., the website Auction listing: An advertisement indicating a specific motor vehicle placed on the platform as an auction item for Buyers to bid on. User: Seller or Buyer Seller: A private or legal person, such as a limited company, who registers on the platform to sell a motor vehicle Buyer: Private or legal person who registers on the Platform for the purposes of possibly bidding and acquiring motor vehicles from a Seller. Purchasing contract: A purchasing contract or other document, signed by Buyers and Sellers and showing the agreement of the parties on the acquisition of motor vehicles. Transaction: The acquisition of motor vehicles. Fee: Compensation to Bidders Highway

2. Prerequisites for using Bidders Highway’s Platform

To register as a User on Bidders Highways Platform, you must be 18 years old or have your parent's written permission. If you register a legal entity as a User, you certify that you have the legal authority to bind the legal entity to registration as a User of the Platform.

By registering on the Bidders Highway Platform, the User acknowledges that they have carefully read the Terms of Use and the other policies referred to on the website.

3. Disclosure of the Seller's obligations

When a Seller registers on the platform to list a motor vehicle for auction, the Seller agrees to comply with Bidders Highway’s Terms of Use and the other Policies.

Before a motor vehicle is listed for auction on the Bidders Highway Platform, the Seller must ensure that the data about the motor vehicle to be published are accurate. The Seller further declares that they are the rightful owner of and have full and unrestricted access rights to the motor vehicle.

Upon request, the Seller shall be able to present the necessary documents to demonstrate full and restricted ownership and disposal rights regarding the motor vehicle.

The Seller is also required to disclose any known faults or defects or damage to the motor vehicle and to provide any other information that a Buyer should be informed of.

The Seller guarantees that the material provided by the Seller to Bidders Highway and published in the Auction listing on the Platform does not contain material protected by intellectual property rights, such as music, film, images, logos, or any other material that the Seller is not authorised to use.

From the moment that motor vehicle is listed on the Platform, i.e. placed on the Platform and during the auction period, the Seller undertakes to use Bidders Highway as the exclusive point of sale for the motor vehicle in question, i.e. during that period, the Seller may not have the motor vehicle in question offered for sale in any other way.

If the Seller chooses to set a reservation price, i.e. a minimum price for the motor vehicle listed for auction, and the winning bid matches or exceeds the fixed reservation price, the Seller is obliged to proceed with the transaction and sell the motor vehicle to the Buyer who has made the winning bid. If a Seller nevertheless refuses to proceed with the Transaction, see p. 7.

4. Disclosure of the Buyer’s obligations

Once a Buyer has become a registered user of the Platform, the Buyer undertakes to obtain and comply with Bidders Highway’s Terms of Use and the other policies to which Bidders Highway refers.

It is the Buyer's responsibility to have read all information published on the Platform regarding the motor vehicle listed for Auction prior to placing a bid.

It is the Buyer's responsibility to ensure, if desired, that a proper inspection is carried out on the vehicle and other conditions which may affect the purchase. In this case, it is the Buyer's responsibility to contact the Seller via the comments field on the platform in order to obtain additional information.

If a Seller has chosen to set a condition on the auction by setting a reservation price, the Bid made by the Buyer must be at least equal to the reservation price in order to be considered a winning bid.

When a Buyer places a bid, it means that they undertake to purchase the motor vehicle in question at a price equal to the bid.

The Buyer who places the highest bid when the auction is declared closed has made a binding offer to acquire the motor vehicle for the amount of the bid. A winning bid also entails an obligation for the Bidder to pay the compensation to Bidders Highway, see also p. 7.

After the auction has been closed, the Buyer will receive appropriate contact information from Bidders Highway. It is then the Buyer's responsibility to contact the Seller to complete the Transaction. Bidders Highway does not participate in writing contracts and has no responsibility for the subsequent process after the auction has closed.

5. Scope of the role of Bidders Highways in the transaction of motor vehicles

Bidders Highway is not an auctioneer in the traditional sense; there is no inspection of the advertised/offered motor vehicles by Bidders Highway.

Bidders Highway therefore makes no guarantees with respect to the motor vehicles that are listed for Auction. Bidders Highway does not guarantee that the motor vehicles are in existence, of a certain quality, are safe or legal in all respects. Bidders Highway does not guarantee that the ownership rights to the motor vehicles auctioned are the property of the stated Seller.

Bidders Highway is also not a party to the Transaction between the Seller and Buyer. Instead, a contract for the purchase of motor vehicles is entered into directly by Seller and Buyer.

Bidders Highway does not guarantee that Sellers and Buyers will ultimately carry out a Transaction or that a motor vehicle will be delivered or returned.

Any disputes between the Seller and the Buyer regarding a motor vehicle listed for auction shall be resolved between the Buyer and the Seller, without the involvement of Bidders Highway.

6. Rights and control of the content in Auction lists and comment fields

It is not permitted for a Seller to offer a motor vehicle for sale in a manner other than through the Platform during the period of the auction.

Bidders Highway does not allow you to enter trade suggestions in the comment field.

Bidders Highway reserves the right to refuse or cancel the publication of comments, which according to Bidders Highway, are irrelevant to the auction item, i.e. the motor vehicle, in question. For example, it is not allowed to advertise other activities in the comments field or link to another company's website.

Bidders Highway also does not allow Users in the comment fields to use text that is offensive or illegal, or that Bidders Highway has reason to believe violates any current laws or regulations. Bidders Highway continuously checks the content of both ads and comment fields, and the content as described above may be removed from the Platform, and the User may be at risk of being blocked from it.

An Auction listing of a motor vehicle assumes that the Seller has certified for Bidders Highway that the factual information provided is correct, that there is no restriction on the Seller's right to dispose of the listed motor vehicle, and that the published content, such as photos, etc., does not conflict with applicable laws and regulations.

Information provided by the Seller and published by Bidders Highway on the platform, such as images, films and texts, requires the Seller to guarantee that they have the necessary rights to that material; either by the Seller creating this or by anyone who has contributed to the production of the material having authorised the Seller to use it on the Platform in accordance with the Terms of Use.

By providing data to Bidders Highway so that it can be published on the Platform, the Seller gives Bidders Highway unrestricted right to freely access the data, for example, by processing, adjusting the format, saving or copying it, and making it available to the public regardless of the media channel and to pass on these rights to any partners. Bidders Highway may also use the data for marketing purposes. Bidders Highway’s rights remain in effect even after an auction has been closed, or if it is prematurely terminated for any other reason.

The Seller hereby further waives any claims against Bidders Highway for its use of the data derived from what a Seller provides for publication in an Auction listing.

Bidders Highway thus assumes the intellectual property rights to the text, image, design, and the other material and information made available when published on the Platform. The same applies to the underlying program code for the Platform. Such material and information must not be used other than in the normal operation of the Platform. Unless otherwise specified, all material posted on the platform is the exclusive property of Bidders Highway.

A User may print individual pages from the Platform, but otherwise the content on the platform may not be copied, reproduced, published, uploaded, sent or distributed without the prior written consent of Bidders Highway.

7. Fees and payment

By registering on the Bidders Highway platform, the Users agree to the payment procedures and payment terms for payment of the fee, as shown in the registration document.

The agreed fee thus amounts to an amount of 7.5% of the winning bid, with a maximum of SEK 75,000.

The use of the Platform is free of charge for a Seller unless otherwise stated below.

A Buyer who places a winning bid pledges to pay the agreed fee to Bidders Highway immediately, and at the latest within 24 hours of the auction being closed.

In the event that a Seller has not decided on the reservation price but, after the auction has been closed, refuses to proceed with the Transaction - selling to the winning bidder - the Seller is instead obliged to pay the agreed fee to Bidders Highway. The amount of the fee is then based on the winning bid. The same applies if the Seller has set a reservation price and offer that is at least equivalent to this amount, but the Seller still fails to complete the Transaction.

In the event of a Seller having set a reservation price but a bid corresponding to that amount has not been received, no fee is payable to Bidders Highway.

The final execution of a Transaction between the Seller and Buyer is not a requirement for payment of the Fee.

In the event that the Fee has not been deposited into Bidders Highway's account at the latest within 72 hours of the closing of the bidding, Bidders Highway reserves the right to charge penalty interest to the debtor party, as required by law, on the amount due.

The User agrees to access the invoice by Bidders Highway sending it electronically to the User via e-mail.

8. Policies and Privacy Protection

In order for a User to be able to use the Platform, to sell or buy motor vehicles, Bidders Highway needs to collect and process certain personal data about Users. The following is information on what information Bidders Highway collects, how personal data is used and what choices and rights users have, for example, in accessing their personal data.

Collecting personal data

When a User uses Bidders Highway, some data will be collected and processed. For all users, the IP address, time, and technical data about the User's device are collected. The purpose of collecting this data is to maintain the security of the Platform and to analyse and improve the functionality offered on it.

For users who are registered and logged in, the following customer information is collected:

- Name
- Email address
- Address
- Country
- Last login
- Language preference
– Social Insurance Number (when logging in with BankID)

Before bidding starts, Users also need to register a bank or credit card. The collection and processing of all these data is necessary for operation of the Platform and for Bidders Highway to fulfil its contractual obligations to Sellers and Buyers and vice versa.

9. Responsibilities and limits of liability

Bidders Highway does not guarantee continuous, uninterrupted or secure access to the Platform. The operation of the Platform may be disrupted by a number of factors outside of Bidders Highway’s control. Bidders Highway makes no guarantee as to the operation or availability of the Platform. Bidders Highway cannot be held liable for damages caused directly or indirectly by the use of the Platform or its contents.

The Platform is only a marketplace bringing together the Sellers and Buyers of motor vehicles. Bidders Highway is thus not involved as a party in the transactions between Buyers and Sellers.

Bidders Highway shall not be liable for any damage resulting from the loss of Auction-listed registrations of bids, or the absence of any responses to comments made by Buyers or from incorrect information in the publication of the Auction lists, etc. Any faults or defects with a motor vehicle or a Transaction relating to a motor vehicle therefore cannot be brought against Bidders Highway.

Bidders Highway is entitled to change the Terms of Use whenever necessary. When this happens, Users will be updated about the changes, and Users will subsequently accept the new conditions by bidding on a motor vehicle or requesting that a motor vehicle be listed for auction.

Bidders Highway may change the terms, services and prices of these and the content of the Platform from time to time. In the event of significant changes to these terms, Users will be informed before they log on to the Platform, however, this does not apply if the change is due to changes in law, regulations, or government decisions and the change must take effect immediately.

Each User agrees to hold Bidders Highway harmless in the event that any Third Party claims for compensation because of the content of a published Auction listing, or because the Seller has acted in violation of the applicable Terms of Use or in violation of applicable law or third party rights.

10. Blocking users

Bidders Highway reserves the right to block or suspend a User who abuses, manipulates, or otherwise uses the Platform in violation of the Terms of Use or in violation of law, such as laws on purchasing, intellectual property, money laundering, or marketing laws, etc.

11. Governing law and disputes

These Terms of Use should be interpreted and applied according to Swedish substantive law. Disputes arising out of this agreement shall be settled by the Stockholm District Court as the first instance.

Preferential right of interpretation
In the event of problems with interpretation/conflicting interpretation arising with regard to the meaning of the English-language version of the General Terms and Conditions in general and/or in comparison with the Swedish version of these Terms and Conditions, the Swedish version of the General Terms and Conditions shall always prevail.