GENERAL TERMS AND CONDITIONS OF THE ONLINE APPLICATION
AUTOPOINT
on www.autopoint.si


I. General

Autopoint is the online application, which enables sale and purchase of used vehicles to its users by participating on the online public auction (hereinafter referred to as: »the online auction«). These General terms and conditions define the manner of the operation of the online application, terms and conditions for participation on the online auction and its rules.


The online application Autopoint operates on the website www.autopoint.si in the role of the agent, which by organizing the online auctions according to the transparent rules and in a competitive procedure enables to connect the sellers of used vehicles and the purchasers; and where the successful bidder on the online auction is obliged to sell or buy the vehicle, subject of the online auction.

 

The online application Autopoint is operated by JP.AS trgovina z motornimi vozili d.o.o., Izola, Polje 9B, 6310 Izola – Isola, ID number: 8163383000, the subject is registered for the payment of the VAT - ID for VAT: SI 96845805 (hereinafter referred to as: »the Operator«). The Operator is not a seller and does not sell vehicles on the online auction. The Operator only organises the sales event and offers a new manner of sale of used vehicles on the online auctions and related services to support the execution of the sales-purchase agreement concluded on the online auction. The support services are rendered by the Operator on Polje 9b, Izola (hereinafter referred to as: »the location Autopoint«).


The online application Autopoint operates in the Slovenian language and only with people of full age. 

II. Registration

By registering into the online application Autopoint the visitor acquires the user name, which equals the user’s e-mail, and password, which is determined by the user him/herself. The user name and password unambiguously define the user and connect the user with the entered data. 


The registration is free of charge.


By registering the visitor approves and takes over the liability:

  • that he/she is of full age and has full legal capacity to enter an agreement;
  • that understands and accepts these General terms and conditions in full; 
  • that understands and accepts the Privacy Policy of the Operator.


These General terms and conditions and the Privacy Policy of the Operator are always available to the user on the website www.autopoint.si and on the location Autopoint.


By successful registration the visitor becomes the user and acquires his/her own user account and the right to participate on the online auction.


The Operator may disable the use of the online application to the user and close down the user’s account at any time, if the user breaches these General terms and conditions and does not cease with the breach even after the call of the Operator to cease with the breach, and especially:

  • if the user enters false data or identifies with false data;
  • if the user does not fulfil his/her obligations from the agreement concluded on the online auction.


The user may close down his/her user account at any time by notifying the Operator about it on [email protected].


The Operator may close down the user account, if the user does not use it for more than 6 months. 

III. Availability of information

The Operator obliges that the following information shall be always available to the user:

  • identification data of the Operator (especially the firm and the headquarters of the company, the register number and the register, where the company is registered);
  • contact data, which enable the user fast and efficient communication with the Operator (e-mail, phone etc.);
  • information on essential elements of possibilities to participate on the online auction, including the possibilities to use support services;
  • information on the methods of payment for the Operator’s services;
  • information that from the agreement, concluded on the online auction cannot be withdrawn;
  • information on the procedure with the user’s complaint and 
  • the data of the Operator’s contact person, competent for the relations with the users. 



IV. The Rules of the online auction and the terms and conditions for participation

1. STEP: The terms and conditions for participation

For the participation on the online auction of the application Autopoint the successful registration is necessary. The registration is successful, when the Operator, after the review of the fulfilment of all conditions by the user, confirms it. The successful registration is a precondition for participation on the online auction. 


A person, who wants to sell his/her used vehicle on the online auction, fills in the application form for the registration as the user - seller on the online application Autopoint. Thereby via online application Autopoint:

  • submits requested data: data regarding the seller and the vehicle; and
  • reserves the date of the meeting and the inspection of the vehicle on the location Autopoint.


The Operator confirms the registration as successful, after it reviews, whether the user – seller submitted all requested data, proved the ownership of the used vehicle that wants to sell on the online auction and signed the agreement on the participation on the online auction with the Operator. 


A person, who wants to run for the purchase of the used vehicle on the online auction, firstly fills in the application for the registration as the user - purchaser on the online application Autopoint. On the online application Autopoint submits requested personal data or data of the undertaking, concludes the agreement on the participation on the online auction with the Operator and pays the security to prove good faith regarding the participation on the online auction. The security may be transferred to the Operator as the deposit on the bank account of the Operator NKBM d.d. SI56 0400 1004 8426 366 or the amount of the security may be blocked on the user credit card. 


The Operator confirms the registration as successful, after it reviews, whether the user – purchaser submitted all requested data and signed the agreement on the participation on the online auction with the Operator. 


The user – purchaser has to successfully register at least one (1) working day before the online auction, on which the user – purchaser wants to participate by giving the purchasing offers (bidding).


For following the online auction in real time the users may after successful registration install online application Autopoint also on their mobile device. 



2. STEP: Inspection of the vehicle

On agreed time the user – seller presents cleaned-up vehicle, which shall be subject of the online auction, for inspection and concludes the agreement on the participation on the online auction with the Operator, in which all mutual relations of the parties regarding the participation of the user – seller on the online auction are arranged. 


The vehicle shall be inspected by recognized expert Dekra (undertaking DEKRA ZAPOSLITEV d.o.o., Leskoškova cesta 1, Ljubljana), which deals with the assessment and certification of used vehicles, and shall issue an adequate Dekra certificate. This certificate provides greater security to the purchaser; and enables the seller to achieve higher price for the vehicle. For the participation on the online auction it is necessary to obtain a certificate. The cost of the certificate is 39,00 EUR. The cost shall be born by the seller.


3. STEP: Publication of the vehicle on the online application Autopoint

On the basis of the acquired Dekra certificate the user – seller determine the opening price of the vehicle for the online auction.


The offer to sell the vehicle and the time of the online auction shall be published on the website www.autopoint.si. All users shall be notified about the publication via the online application Autopoint. 


The users shall acquire at least the following notifications via the online application Autopoint:

  • advance notice on envisaged vehicles from five (5) to seven (7) days before the online auction;
  • advance notice on the online auction of a particular vehicle at the time of confirmation of the Dekra certificate;
  • reminder for submitting the offers (bidding) for a particular vehicle 60 minutes and 15 minutes before the commencement of the online auction and at the commencement of the online auction; 
  • notification on the completion of the online auction.


On the online application Autopoint only data regarding the vehicle (excluding the data, which could connect the vehicle to the owner), which is subject of the auction, shall be published. 


The user – purchaser buys the vehicle considering the description of the vehicle, photos and the certification of the vehicle by external experts Dekra. The user – purchaser is obliged to examine all data regarding the vehicle, which are available in the online application Autopoint. The user – purchaser has to understand and take into consideration, that he/she is buying a used vehicle, and especially a distance travelled by the vehicle, date of the vehicle’s first registration and all circumstances, which affect or could affect the characteristics of such used vehicle.


The vehicle shall be purchased on the online auction according to the principle seen – purchased (Caveat emptor). 


The Operator by publishing information regarding the vehicle does not give any guarantee and holds no liabilities regarding any defects on the vehicle. By publishing, the information regarding the vehicle are only forwarded to users – purchasers according to the best understanding, knowledge and experiences of the Operator. 


4. STEP: The course of the online auction 

The online auctions take place from Monday to Friday between 10 am and 5 pm. During holidays and other days free of work the online auctions do not take place.

 

The online auction commences at the moment of the publication of the offer of the vehicle and its opening price in the online application Autopoint and lasts for one hour. 


On the online auction all given bids are visible (open auction). The user – purchaser may give the price, which is higher, equal or lower than the opening price. Each next bid of the user – purchaser has to be higher for at least 50,00 EUR.



The user – seller is bound by published offer to sell the vehicle on the online auction and cannot retract it anymore.


During the online auction the users – purchasers may give their offers to purchase (bids). The user – purchaser is bound by the published offer to purchase the vehicle (bid) on the online auction and cannot retract it anymore.


The offers to purchase by the users – purchasers (bids) may be only given in the application Autopoint, accessible on the website www.autopoint.si or via IOS and Android application, which the users may download from the website of the Operator. 


All users may follow the online auction in real time via the online application Autopoint. 


5. STEP: The completion of the auction and the conclusion of the sales-purchase agreement 

The online auction shall complete when the time, for which it was called, expires. 


The online auction is successful, if at least one user – purchaser gave the purchase offer at least in the amount of the opening price. On the online auction the one user – purchaser is successful, who gave the highest purchase offer out of all purchase offers, at least in the amount of the opening price.


On the online auction the sales – purchase agreement for the vehicle is automatically concluded with the user – purchaser, who gave the highest purchase offer out of all purchase offers, at least in the amount of the opening price.


In case the highest purchase offer (bid) is lower than the opening price, the user – seller is not obliged to sell the vehicle. The purchase offer (bid) however binds the user – purchaser for 2 hours after the completion of the online auction. In this case the Operator shall immediately after the completion of the online auction check with the user – seller, whether he/she is willing to sell the vehicle at the price of the best purchase offer, even though it is lower than the opening price. In case the user – seller agrees to sell the vehicle under such purchase price the vehicle shall be sold to such user – purchaser.


The user – seller and the user – purchaser are informed about the successful conclusion of the sales – purchase agreement on the online auction via e-mail.


In case the online auction is not successful, it can be rerun after 30 days. Unsuccessful online auction can be rerun three (3) times at most.


For the second rerun of the online auction the user – seller can determine the opening price only lower than the opening price of the first online auction. For the third rerun of the online auction the opening price has to be determined with the consent of the Operator.


After the completion of the online auction the information, whether the auction was successful and what price was achieved, shall be published in the application Autopoint.


6. STEP: After-auction activities for the execution of the sales – purchase agreement

After the completion of the online auction the user – seller and the user – purchaser on the location Autopoint acquire a written record of the sales – purchase agreement, concluded on the auction.


The user – purchaser is obliged to pay the purchase price to the user – seller on his/her bank account and submit the proof of payment to the Operator, all in 48 hours after the completion of the online auction.


The user – purchaser is obliged to take over the vehicle on the location Autopoint in 48 hours after the payment of the purchase price. Otherwise the seller – purchaser is obliged to pay the costs of 50,00 EUR for each day after the expiration date for the takeover of the vehicle. In case the user – seller does not pay the purchase price on time, it is obliged to pay the Operator a contractual penalty that shall be deducted form the security. 


On the basis of the power-of-attorney the Operator may arrange all necessary documentation for ownership transfer or (de-)registration of the vehicle.


The right to withdraw from the agreement, concluded on the online auction

According to the point 10. of the Article 43.č/4 of the Consumer Protection Act the user – consumer cannot withdraw from the sales – purchase agreement, concluded on the online auction of the online application Autopoint.

  

Personal data protection

Privacy of the users of the online application Autopoint is of the utmost importance to the Operator, thus the Operator ensures protection and safety of personal data according to the General Data Protection Regulation (GDPR), applicable act on the personal data protection and other regulations from this field.


By registering into the online application Autopoint via www.autopoint.si the user allows the Operator to store, process and use personal data, given to it on the online form sheet, until revocation. The personal data shall be given for the following purposes: participation on the online auction, rendering services in connection to the potential conclusion of the agreement on the auction and after-auction services.


For the protection of personal data the user him/herself is responsible as well. The user has to take care for the safety of his/her user name and password. 


The individual who provided its data may, at any time, require from the Operator, by submitting a request through e-mail [email protected], to enable insight into the collected personal data, its transcript, copy, supplementation, changes, blocking or deletion of the personal data, the limitation of its use and its transfer. The individual may also object the processing of personal data. All requests must be supplemented with reasons why processing should no longer take place. In case of the individual’s legitimate objection, the Operator shall examine the factual background and adapt or cease with the processing in accordance with the request. In instances however when the Operator ascertains a legitimate basis for processing, the individual shall be informed accordingly of the continuation of data processing. The individual may also file a complaint of any deemed breach of personal data protection, with the Information Commissioner of the Republic of Slovenia, through its online form reachable under https://www.ip-rs.si/. When submitting the breach notification, comments or questions to the Operator, the individual is not obliged to disclose its personal data. Failing to do so, however, will prevent the Operator to be able to contact the notifier thereafter.


Legal notice

The Operator cannot at any time ensure complete accuracy and reliability of all published data. All warnings shall be taken seriously and the published information immediately corrected. The Operator is not liable for potential consequences, incurred due to the use of information, published on the online application Autopoint or temporary of this online application or website www.autopoint.si. The Operator retains the right to daily change the content of these online application and website. 



Amendments of these General terms and conditions 

The Operator may amend these General terms and conditions. About the amendments the Operator shall inform the users in an appropriate was, such as information on the website www.autopoint.si.


The amendments of these General terms and conditions shall enter into force and be applicable after eight (8) days from their publication.


The user, who does not agree with and accept the amendments, has to deregister him-/herself within eight (8) days from the notification of the amendments. Otherwise it shall be deemed that the user accepts the amendments. The user may deregister him/herself at anytime with sending the email to [email protected].



Complaints and disputes 

The Operator observes the applicable EU legislation on consumer protection. The Operator does its best to fulfil its obligation to establish effective resolution-of-complaints system. The Operator appoints a person, who can be contacted by the user via e-mail or phone in case of any problems.



A complaint shall be submitted vie e-mail to  [email protected]. The procedure of dealing with the complaint is confidential. The Operator obliges to confirm the receipt of the complaint within five (5) days, inform the user, how long it shall deal with the complaint and inform the user about the course of the procedure. 


The Operator shall do its best to resolve potential disputes consensually. In case of court resolution of a dispute the court in Ljubljana shall be competent.

 

Out-of-court resolution of consumer disputes

According to the Consumer Protection Act the Operator declares that it does not accepts any provider of the out-of-court settlement for consumer disputes as competent for resolving consumer disputes, that a consumer may initiate against the Operator according to the Consumer Protection Act.


The Operator, which enables the use of the online application Autopoint in the territory of Slovenia, on its online site publishes the link on the platform for online dispute resolution of consumer disputes (SRPS). The platform is available on the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.


Noted regulation follows from the Act on the out-of-court resolution of the consumer disputes, Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.



Ljubljana, 1st December 2018