General Terms and Conditions
1. Preliminary Provisions
1.1.1
“Seller” shall mean KBA-Grafitec s.r.o., a limited-liability company with its registered office at Opočenská 83, 518 01 Dobruška, Czech Republic, ID No. 15886701, registered in the Commercial Register administered by the Regional Court in Hradec Králové, Section C, File No. 18852.
1.1.2
“User” shall mean any individual or legal entity registered in the system.
1.1.3
“Contract” shall mean the Contract on Terms and Conditions of Use of KBA-Grafitec s.r.o. Auction System.
1.1.4
“Terms and Conditions” shall mean the General Terms and Conditions of the Operation and Use of Auction System, which form an integral part of the Contract.
1.1.5
“Auction” shall mean a method of sale of Goods, in which the amount of the price is determined during the course of an Auction on the basis of proposals for conclusion of a purchase contract (bids) by parties interested in the conclusion of such purchase contract.
1.1.6
“Auction System” shall mean a system comprised of a set of software performing registration of Users, operation of an Auction and other services.
1.1.7
“Goods” shall mean used printing presses which may become the subject of an Auction in accordance with the Terms and Conditions.
1.1.8
“Term of Auction” shall mean the period of time for which the Users are entitled to place proposals for conclusion of a purchase contract or to send notifications of accepting a proposal for conclusion of a purchase contract; the time of the Auction System shall be decisive for the measurement of the Term of Auction;
1.2 General Terms and Conditions
1.2.1
These Terms and Conditions form an integral part of the Contract.
1.2.2
Unless expressly defined otherwise in the Contract or any appendices thereto or unless the applicability of certain provisions of these Terms and Conditions are excluded or otherwise modified by the Contract, these Terms and Conditions shall apply to mutual relationships between the parties.
1.3.1
KBA-Grafitec s.r.o is a legal entity operating the internet portal kbazar allowing Users/purchasers to demand and purchase the offered Goods.
1.3.2
Offers and business notices shall be sent by e-mail to the persons who granted their previous express consent in accordance with the applicable legislation.
2. General Terms of Use of the Auction System
2.1 Operator’s Terms and Conditions
2.1.1
The
Auctions shall
be public and they shall be available to
a) individuals older
than 18 years of age, provided that they have registered themselves
and they have full capacity,
b) registered legal entities
registered in the Commercial Register or other similar register.
2.1.2
Users, whose registration has been cancelled by KBA-Grafitec in accordance with these Terms And Conditions, may not take part in Auctions even if they satisfy the conditions defined in Section 2.1.1 hereof.
2.1.3
Neither Users nor parties interested in the conclusion of the Contract shall have any entitlement to the conclusion thereof. KBA-Grafitec s.r.o. reserves the right not to permit registration of a party or to withdraw from the Contract entered into with a current User or to restrict the access of such User to certain services under the conditions defined hereafter in these Terms and Conditions.
2.2.1
The condition for purchase of Goods through the Auction System shall be the conclusion of the Contract and free registration of the User.
2.2.2
During the registration, a User who is an individual shall be obligated to enter his full name, full address, country and region, e-mail address, telephone number and user name.
2.2.3
During the registration, a User which is a legal entity shall be obligated to enter its business name, full name of the person authorized to act on behalf of such legal entity and negotiate with KBA-Grafitec s.r.o, registered office, country, region, e-mail address, telephone number, VAT identification number and user name.
2.2.4
A User shall be obligated to inform about any change in any of the data specified in Sections 2.2.2 and 2.2.3 immediately after such change takes place. However, a User shall not have the right to remove his personal data or to provide untrue or misleading information; the user name (login) entered during the registration cannot be changed. In the event that a User fails to fulfill his obligation, his account may be blocked and he may also be required to pay damages in accordance with the applicable legislation of the Czech Republic.
2.2.5
Users shall have the right to own more than one user account, however they shall not be entitled to use such accounts to breach the Contract or the Terms and Conditions.
A standard Auction shall have the form of public competitive bidding for the most appropriate proposal for conclusion of a purchase contract, and the subject of such purchase contract shall be the Goods displayed by KBA-Grafitec s.r.o. and the only criterion for the selection of the most appropriate proposal shall be the purchase price. Other terms and conditions of such purchase contract are defined in Article 6 of the Terms and Conditions and the Goods shall be described in the Goods Description.
3.2
The time limit for submission of the proposals for conclusion of purchase contracts shall be defined by the Term of Auction. The Seller shall be obligated to enter into a purchase contract with the bidder who has offered the highest purchase price in the form of bids (as defined in Section 5.1).
3.3
When the Seller contacts, after the end of an Auction, the bidder who offered the highest purchase price in the form of bids (as defined in Section 5.1), this shall be regarded as acceptance of the bidder’s proposal and conclusion of a purchase order. In the event that more bidders offer the same purchase price (i.e. if more bidders enter the same maximum price within the meaning of Section 5.2), the winner of the standard Auction shall be deemed to be the bidder who entered such maximum price in the Auction System as first.
4.1.1
KBA-Grafitec s.r.o shall display the Goods in an electronic form, which shall contain the following information: description of the Goods, beginning of the Auction, end of the Auction, Term of Auction, initial (call) price, photographs and preferred payment and delivery terms and conditions.
4.1.2
All prices shall be stated exclusive of VAT.
4.1.3
The standard delivery condition shall be EXW as per Incoterms 2000, unless specified otherwise.
4.2 Cancellation of Auction by Seller, Cancellation of Individual Offers or Notices
4.2.1
In the event of occurrence of any fact which causes consequential impossibility of performance (in particular destruction of theft of an item), the Seller shall have the right to cancel the entire Auction.
4.2.2
In the case of a Standard Auction, the Seller may cancel a bid (proposal for conclusion of a purchase contract) at the Seller’s request during the Term of Auction.
4.2.3
It
shall also be possible to cancel a bid if
a) it is not possible to verify the identity of the purchaser or
if the data provided by the purchaser do not correspond to reality
(such as inexistent telephone number, old or fictitious address);
b)
the Goods is destroyed or damaged (as a result of natural disaster,
fault of another or theft);
c) it is discovered during an Auction
that there is a fact or matter which significantly decreases the
legal certainty of the Seller and the credibility of the purchaser
(such as criminal offence, commencement of insolvency proceedings,
adjudicating an individual or legal entity bankrupt or dismissal of a
bankruptcy petition due to insufficiency of the bankrupt’s
estate, commencement of liquidation of a legal entity, a large number
of negative comments on the purchaser or warnings from individual
Users with respect to disreputability of the purchaser).
5. Purchaser’s Bids, Conclusion of Contract
In all types of standard Auctions, the term “bid” shall mean the proposal of the purchaser to conclude a purchase contract made by the purchase via the Auction System. Since all material elements of the purchase contract are defined by the Seller, the purchaser shall have the right to suggest only the purchase price and in the case of Auctions involving a larger number of items with the Buy Now offer (within the meaning of Section 3.5), the purchaser shall also be entitled to propose the quantity of the Goods to be purchased.
5.2
The purchaser shall enter the purchase price via the Auction System, for which he is willing to purchase the Goods.
5.3
During the course of a standard Auction, bidders shall have the right to modify the amount of the price, and the newly entered amount of the maximum price shall not be lower than the maximum price entered by other bidders interested in the purchase.
5.4
All prices of the Goods proposed by purchasers shall be stated exclusive of VAT. The minimum bid shall amount to EUR 1000.
5.5
A bid shall be binding for the respective bidder; this shall be without prejudice to the applicability of the provisions of Section 4.2.2 hereof.
5.6
A purchase contract shall be deemed to have been concluded upon the expiry of the Term of Auction, if there has been at least one bid.
6. Handover of Auctioned Goods
6.1 Provision of Contact Data and Handover of Auctioned Goods
The purchaser and the Seller shall be obligated to contact each other and respond within 7 days of the date on which the Auction ends, so as to make it possible to exercise the rights under the purchase contract without undue delay. In the event that it is not possible to reach any party to the purchase contract at the contacts specified by it during registration or if such party fails to respond to notices delivered to it, the obligation of the other party to enter into the purchase contract shall terminate.
7. Protection of Personal Data
7. 1
The User grants the company KBA-Grafitec s.r.o. his consent with the collection and procession of his personal data. The treatment of the personal data of Users shall be governed by Act No. 101/2000 Coll., on protection of personal data.
7. 2
The User hereby grants his explicit consent that KBA-Grafitec s.r.o may use his personal data (or contact data of a legal entity) in order to contact the User for the purpose of sending business notices to him.
KBA-Grafitec s.r.o shall have the right to withdraw from the Contract or suspend the account of the User which is in material breach of the Contract and/or these Terms and Conditions and/or the applicable legislation, or whose actions harm the goodwill of the company KBA-Grafitec s.r.o, or which is reasonably suspected by KBA-Grafitec s.r.o to intend causing harm to third parties.
8. 2
KBA-Grafitec s.r.o shall have the right to withdraw from the Contract in particular in the event of submission of untrue information during the registration.
8.3
The person, whose account has been suspended, shall not have the right to registered again as a User without express consent of KBA-Grafitec s.r.o.
8.4
Expiry or termination of the Contract shall not result in termination of the right to damages, liquidated damages or in termination of the provisions relating to those rights or obligations, the nature of which implies that they are to survive such termination (in particular in the case of the obligation to provide pecuniary performance for performance provided prior to the effective date of the termination, and arbitration clause).