These Terms of Use apply to any relationship established between Autoportree and the User in connection with the use of the Autoportree Platform (defined below). By using the Autoportree Platform, the User agrees to the application and content of these Terms of Use and to the processing of personal data submitted upon registration and to the use of the Autoportree Platform in the manner specified in the Terms of Use.

By agreeing to the Terms of Use and / or using the Website, the User confirms that he has carefully read the Terms of Use and gives his consent that the terms of the Website and its service are binding on the User.

Autoportree is managed by AUTOPORTREE OÜ – Estonian registry code 16288463.

Any reference to you will be in reference to you as the user of the website (user, bidder, buyer or seller).

Autoportree will grant itself liberty to update these terms and conditions in the foreseeable future. These changes will be communicated to users. 

1. DEFINITIONS 

1.1. Account – refers to a collective of personal or identifying information which allows the user to access certain parts of the website and services. 

1.2. Auction – an auction taking place on the website

1.3. Autoportree – refers to Autoportree OÜ as the website administrator and service provider.

1.4. Bid – An irrevocable offer on a car. 

1.5. Bidder – a user bidding on a listed car

1.6. Buyer – a bidder who won the auction by achieving the top bid and beating or matching the reserve price. 

1.7. Buyer’s fee – a fee to be paid by the Buyer after winning an auction

1.8. Car / Vehicle – refers to a car or vehicle listed for sale on the website. 

1.9. Content – refers to any media uploaded to the site, this might be in the form of pictures, video, text, data or any other form of information which could be uploaded to the website.

1.10. Listing – a page containing information about a car or vehicle for sale. 

1.11. Platform – refers to Autoportree.eu the website which let’s Users create and take part in auctions and use other services which are listed in the Terms of Service.

1.12. Reserve – a minimum price a seller is willing to accept from a buyer. 

1.13. Seller – a user selling a car on Autoportree 

1.14. Service – collectively any online or offline facilities, tools, processes, professional services or information that Autoportree operates or makes available either now or in the future.

1.15. User – any one individual using the services whether paid services or visiting the website.

1.16. Website / site – refers to autoportree.eu

1.17. Winning bid – auction winning bid which will result in a legally binding sales contract between the Buyer and the Seller for the bid amount. 

2. GENERAL TERMS

2.1. Use of the platform is permitted only in accordance with these Terms of Use.

2.2. The platform allows the User to organize and participate in virtual auctions on the Autoportree website, as well as to use other services described in these Terms of Use.

2.3. In managing the platform, Autoportree acts only as an information service provider and is not a party to the Sales Agreement entered into by auction. Autoportree is not the seller of the cars put up for auction in no way responsible for the fulfilment of the Sales Agreement or other obligations arising from the Sales Agreement.

2.4. Autoportree takes all reasonably expected steps to ensure the privacy of the Users and verifies that all necessary steps to ensure the privacy when using the Platform have been completed.

2.5. All users of Autoportree must follow a code of conduct. The following behaviours are not accepted and will result in the contract being terminated.

  • Foul language
  • Personal attacks
  • Sharing your personal contact information
  • Spamming
  • Asking the seller about reserve pricing
  • Calling out the price you think the car will sell for
  • Advertising your personal business, website, social media etc
  • Side-tracking from the vehicle on sale by bringing up other vehicles or topics
  • Sharing links to inappropriate content
  • Sharing links to other vehicle for sale ads
  • Misuse of sensitive information

2.6. If a user wants to use Autoportree for any reason which is not included in the Terms of Service a written approval has to be granted.

2.7. In order to start an account the user must be at least 18 years of age and able to guide his/her own decisions. If these criteria are not fulfilled a written approval from a legal Guardian is required to start an account. 

2.8. By submitting and uploading content, you hereby do and shall grant Autoportree a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with this site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of this site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your account or the Services. You also hereby do and shall grant each user of this site and/or the Services a non-exclusive, perpetual license to access your User Submissions through this site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, including after your termination of your account or the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

2.9. Content uploaded to the website can be used for marketing purposes by Autoportree. 

2.10.  Autoportree claims all intellectual rights for web page design, graphics, audio and visual media, logo design, illustrations etc. 

3. GENERAL AUCTION TERMS

3.1. In order to bid, the user has to purchase an auction ticket. 

3.2. The auction begins with a minimum entry bid of €100 

   3.2.1. The bid increments are the following:

  • €50 increments up to €4999
  • €100 increments from €5000 up to €9999
  • €250 increments from €10 000 up to €49999
  • €500 increments from €50 000 and above

3.3. There is no proxy bidding, all bid amounts have to be entered manually.

3.4. If You are the top bidder, You have the right to increase Your bid further. 

3.5. All registered account holders have the right to access the discussions page on an auction listing. (Unless the administrative team has seen a breach in the Terms of Service)

3.6. An auction will run for 7 days, this time might be increased with bidding during the final minute.

3.7. Bidding during the final minute countdown will reset the timer to 1 minute. 

3.8. All bids are legally binding, any faux bids might result in legal action being taken against You. 

4. BIDDER / BUYER

4.1. As a bidder or buyer, you agree with the following

4.1.1. Autoportree is not a party to any Sales Contract. The Buyer is responsible for fulfilling due diligence before making any bids on any of the vehicles which can be found on the site. Autoportree is not responsible for any faults or other issues which might emerge after the purchase. Autoportree creates its listings based on information obtained from the sellers of vehicles and is reliant upon them for providing accurate information. Therefore, Autoportree is not responsible for any discrepancies between the vehicle and the vehicle listing. 

4.1.2. Autoportree is not responsible for any issues concerning the finalisation of the payment process and the transfer of funds between the Buyer and Seller or any issues that might occur after the auction process. 

4.1.3. In order to bid the bidder has to get a one-time auction ticket. 

4.1.4. A bid is an irrevocable offer. When bidding the Bidder/Buyer is committing to paying for the car in full as well as the buyers’ fee in case of winning the auction. In the case of winning the auction You are obligated to pay the Buyers fee in full in 7 working days. The exact auction fees are displayed in the pricing section. 

4.1.5. When the bid ends up as being the high bid (above reserve) at the close of the auction this means that the Seller has accepted the bid and a legally binding contract has been created between the Bidder and the Seller for the sale of the vehicle and Autoportree for the buyer’s fees. 

4.1.6. Bidders agree to pay the buyers free after winning the auction, the exact sum will be sent to you as an invoice. 

4.1.7. Buyers must not seek to avoid the payment of any Buyers fees owed to us or manipulate the fee structure or fee payment process in any way.

4.1.8. The Bidders are responsible for that they have sufficient funds to cover the bid(s) and the Buyers fee. 

4.1.9. The Bidder is prohibited from making faux bids – this means bids without the intention of buying the car. Doing so will result in an instant termination of the contract and services and the banning of the bidder from the site and might lead to legal action.

4.1.10. The Buyer and Bidder have the right to ask for extra information on the listed car. This can be done by contacting autoportree by emailing through autoportree.eu or contacting the owner through the discussion section on the listed vehicle. 

4.1.11. Autoportree does not advise or endorse test drives or viewings. Nor do we provide any insurance. Doing so will be entirely at Your own risk. 

4.1.12. The Buyer agrees with their details being shared with the Seller after the auction results have been concluded. 

4.1.13. The Buyer agrees to contact the seller of the vehicle to set out payment and vehicle transfer details.

4.1.14. Attempting to make a deal on a listed vehicle outside the auction process will result in this contract being terminated and You will be banned from using any services provided by Autoportree. 

4.1.15. You should not enquire about reserve pricing, enquiring about reserve pricing might result in Your account being terminated.

4.1.16. If You placed the high bid, however, this bid did not meet the reserve price then we will attempt to set up a deal between You and the Seller, if the following deal will result in the sale of the vehicle then the buyers fee will also be halved. If this deal does not lead to a sale then no buyers fee is due. 

4.1.17. The Buyer is responsible for organising transport for the purchased vehicle. 

5. SELLER

5.1. As a Seller in order to submit your car you will be required to share some personal or business details. This information must be accurate, and it must be kept up to date.

5.2. The Seller is obligated to provide accurate information on the vehicle they intend to list for sale. This includes but is not limited to accurate registration details and history, known faults and other relevant information in their possession. 

5.3. The Seller may use photography services provided by Autoportree.

5.3.1. If the Seller opts for photography services provided by Autoportree then Autoportree will reach out to set a time and schedule for the shoot which will work for both the Seller and Autoportree. The seller agrees to be collaborative with the photographer on site. Autoportree is not responsible for insurance, damages or any other unfortunate circumstances which may happen during the shoot, this falls under the Sellers responsibility. 

5.4. The seller may use extra advertising methods provided by Autoportree.eu the range and pricing of which will be discussed via direct communication. 

5.5. As a Seller you agree with the following

5.5.1. Autoportree is not a party to any Sales Contract and is thus not responsible for any issues concerning the finalisation of the payment process and the transfer of funds between the Buyer and Seller or any issues that might occur after the auction process. 

5.5.2. You own the vehicle and are authorised to sell it You are also able to prove this by providing Autoportree with the necessary documents. 

5.5.3. No one else has claim on the vehicle – whether legal, equitable, possessory or otherwise (unless there is outstanding finance which has to be declared).  You will declare any outstanding finance on the vehicle

5.5.4. To the best of Your knowledge the odometer of the vehicle gives an accurate reading of the distance the vehicle has travelled and that the odometer has not been rolled back or otherwise adjusted. 

5.5.5 You will declare the status and details of any previous accident damage. 

5.5.6. To contact the winning bidder and discuss completing the payment and the transfer of the vehicle. 

5.5.7. If the car is imported to Estonia it has been cleared with the customs and all necessary fees have been paid. 

5.5.8. Submitting a vehicle does not guarantee the vehicle being listed on the site. 

5.5.9. Autoportree will take the liberty to reject the vehicle if not enough information is provided to create the listing. This includes visual media, which must meet quality requirements. 

5.5.10. You have the right to set a reserve price (choosing a reserve listing), however this reserve price may be asked to be lowered by Autoportree. This is to make sure that the car sells for a realistic price. 

5.5.11. You have the right to amend a listing after it has been uploaded, including lowering the reserve. 

5.5.12. If You decide to remove the vehicle from the platform before the auction has gone live and after paying the listing fee you will not receive a refund for the listing or any of the other services carried out. 

5.5.13. If you wish to remove the vehicle from sale during an ongoing auction you will be charged a fee of 4.5% from the reserve price of the auction + VAT. In the case of a no reserve auction you are charged a fee of €250 + VAT. 

5.5.14. If you make a deal outside of the auction this will result in the termination of this contract and being banned from using services provided by Autoportree. The terms from the previous point will also apply. 

5.5.15. Autoportree does not endorse or advise Sellers to take potential buyers on a viewing or test drive. Nor do we provide any insurance for these activities. If You accept a viewing / test drive request. You will be doing so at your own risk. 

5.5.16 If the vehicle You are selling does not meet its reserve price at auction the following will take place. At first, we will attempt to set up a deal between You and the top Bidder after which the car will be listed at a negotiated direct sales section. 

5.6 As a seller you agree NOT to commit the following

5.6.1 Break any local laws with the vehicle listed for sale.

5.6.2. Impersonate other people or businesses

5.6.3. Fail to handover a vehicle after it has been sold, unless the buyer fails to meet the terms of the sale or the buyer’s identity cannot be authenticated. 

5.6.4 Advertise any vehicle which infringes trademark, patent or any other proprietary right or intellectual property.

5.6.5. Disclosing Your reserve price

6. FEES

    6.1. Autoportree incorporates the following fees. 

     6.1.1. Listing fees 

  • €25 (incl VAT) – no reserve listing
  • €35 (incl VAT) – reserve listing with the car going on negotiated direct sale if the reserve is not met 

     6.1.2. Buyers fees

  • €1000 – €4999 – 1% (Incl. VAT)
  • €5000 – €9999 – 2% (Incl. VAT)
  • €10000 – €14999 – 3% (Incl. VAT)
  • €15000 – €24999 – 4% (Incl. VAT)
  • €25000 + 4.5% – capped at €2500 (Incl. VAT)

     6.1.3. Auction ticket

  • €5 (Incl. VAT)

     6.1.4. Photography set 

  • €99.99 (Incl. VAT)

    6.1.5. Extra marketing (extra terms and conditions might apply)

  • Promo boost on website – enquire pricing directly
  • Content marketing – enquire pricing directly

6.2. Pricing related queries or any other queries should be directed   to info@autoportree.eu

7. LIABILITY

7.1. The User is solely responsible for the condition of the car put up for auction and any defects and for any breaches of the Sales Agreement. Autoportree does not take any responsibility for this. Also, Autoportree is not responsible for any violation that the User has committed against third parties.

7.2. The User is solely responsible for signing and fulfilling any Sales Agreement or other agreement. The User is also responsible for the accuracy and timeliness of any information. Autoportree is not responsible for the accuracy or timeliness of any information published on the Platform.

7.3. Autoportree or the content, service or feature made available on or through the Platform, including the Website, is provided to the User only on an “as is” and “as available” basis. Autoportree is not responsible for any interruptions, connection errors, inability to use, or failures on the Autoportree Platform.

7.4. Autoportree has the right to restrict the User’s right to use the Platform in case of violation of any obligation provided in these Terms of Use, if Autoportree reasonably believes that the User’s violation does not allow for the user to continue using the platform.

8. OTHER PROVISIONS

8.1. Autoportree reserves the right to supplement and change these Terms of Use at any time. Users will be notified of any changes.

8.2. Autoportree may change or remove different parts of the Platform or change the Platform, its features and the selection of Users participating in the Platform, in whole or in part, at any time without notice.

8.3. Substantive law in force in the Republic of Estonia shall apply to the use of the platform and to all legal relations established on the basis thereof.