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VEREINBARUNG




zwischen



ERSTE BANK UND SPARKASSEN LEASING GMBH
Am Belvedere 1
A-1100 Wien



und




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im folgenden: Kunde





1. GEGENSTAND DER VEREINBARUNG
Diese Vereinbarung regelt
1.1 die Zugangsberechtigung des Kunden zu dem unter www.ersteleasingstore.com eingerichteten Verwertungsportal für Gebrauchtwagen und sonstige Mobilien der ERSTE BANK UND SPARKASSEN LEASING GMBH mit der Bezeichnung Erste Leasing Store und die damit verbundenen Leistungen, sowie die Bedingungen für die Angebotslegung und die Abwicklung des Kaufs von Fahrzeugen und sonstigen Mobilien aus dem Verwertungsportal zwischen der ERSTE BANK UND SPARKASSEN LEASING GMBH und dem Kunden.


2. ZUGANGSBERECHTIGUNG
2.1 Das Erste Leasing Store der ERSTE BANK UND SPARKASSEN LEASING GMBH ist ein Service für KFZ-Händler und sonstige Gewerbetreibende für den Erwerb von Fahrzeugen und sonstigen Mobilien.
2.2 Die Zugangsberechtigung zum Erste Leasing Store erfolgt in folgenden Schritten:
Der KFZ-Händler oder sonstige Gewerbetreibende registriert sich auf www.ersteleasingstore.com und erstellt selbst seinen Benutzernamen und sein Passwort. Im Anschluss erhält der Kunde eine E-mail in dem u.a. das Anmeldeformular mit den Allgemeinen Geschäftsbedingungen enthalten ist. Das Anmeldeformular ist unterschrieben im Original mit den sonstigen angeforderten Unterlagen an die ERSTE BANK UND SPARKASSEN LEASING GMBH zu senden. Nach positiver Prüfung durch die ERSTE BANK UND SPARKASSEN LEASING GMBH erfolgt die Freischaltung des Kunden für das Verwertungsportal und wird der Kunde über die Freischaltung per E-Mail informiert. Damit ist der Kunde zum uneingeschränkten Zugang zum Erste Leasing Store der ERSTE BANK UND SPARKASSEN LEASING GMBH berechtigt.


3. NUTZUNGSZEITEN DES VERWERTUNGSPORTALS
3.1 Im Erste Leasing Store erhält der Kunde eine Übersicht über alle kurz- und mittelfristig verfügbaren Fahrzeuge und sonstige Mobilien.
3.2 Der Kunde kann Angebote für den Erwerb von Fahrzeugen und sonstigen Mobilien nur innerhalb eines für jeden User im Erste Leasing Store ersichtlichen Aktionszeitraumes (grundsätzlich von Mittwoch bis Mittwoch) ausschließlich durch Benutzung der dafür vorgesehenen Eingabefelder des Erste Leasing Store abgeben.
Die ERSTE BANK UND SPARKASSEN LEASING GMBH behält sich betriebsbedingte Unterbrechungen, insbesondere wegen Wartungsarbeiten und technischer Ausfälle des Servers, sowie die Beschränkung der Nutzungszeiten aus technischen Gründen vor.


4. ANGEBOTSLEGUNG UND ABWICKLUNG DES KAUFS VON FAHRZEUGEN UND SONSTIGEN MOBILIEN AUS DER ERSTE LEASING STORE
4.1 Die Angebote des Kunden für Fahrzeuge und sonstige Mobilien sind verbindlich, während des Aktionszeitraums kann jedoch jeder Kunde sein Angebot uneingeschränkt erhöhen. Angebote enthalten grundsätzlich Bruttopreise.
4.2 ERSTE BANK UND SPARKASSEN LEASING GMBH berücksichtigt nur jene Angebote, die innerhalb des Aktionszeitraumes bei ERSTE BANK UND SPARKASSEN LEASING GMBH einlangen.
4.3 Die ERSTE BANK UND SPARKASSEN LEASING GMBH entscheidet am Ende des Aktionszeitraumes im freien Ermessen, ob sie das höchste Anbot (das heißt den höchsten gebotenen Kaufpreis), ein anderes oder gar kein Anbot annimmt. Sie bedarf keiner Rechtfertigung ihrer Entscheidung.
4.4 ERSTE BANK UND SPARKASSEN LEASING GMBH wird nur jenen Kunden, dessen Angebot ERSTE BANK UND SPARKASSEN LEASING GMBH angenommen hat, schriftlich binnen 3 Werktagen über die Annahme seines Angebotes informieren. Mit Zugang der Annahmeerklärung wird der Kaufvertrag rechtswirksam.
4.5 ERSTE BANK UND SPARKASSEN LEASING GMBH übermittelt dem Kunden eine Rechnung in Höhe des vom Kunden zuletzt gebotenen Betrages inklusive gesetzlicher Umsatzsteuer. Der Kunde hat den Kaufpreis laut Rechnung unverzüglich nach Erhalt abzugs- und spesenfrei zu überweisen. Barzahlungen werden nicht entgegengenommen. Der Verkauf erfolgt unter Eigentumsvorbehalt bis zur vollständigen Bezahlung des Kaufpreises. Die Ausfolgung des Fahrzeuges oder der sonstigen Mobilie setzt den erfolgten Zahlungseingang voraus.
4.6 Die Fahrzeuge werden in der Zustandsklasse V verkauft Der Kunde verzichtet hinsichtlich Fahrzeugen und sonstigen Mobilien auf jegliche Gewährleistung und auf Irrtumsanfechtung.
4.7 Im Erste Leasing Store sind Termin und Ort der Abholung des Fahrzeuges/der sonstigen Mobilie angegeben. Der Kunde hat die Abholung termingerecht auf eigene Kosten und Gefahr vorzunehmen.


5. PFLICHTEN DES KUNDEN
5.1. Der Kunde ist verpflichtet, der ERSTE BANK UND SPARKASSEN LEASING GMBH den Betrag von € 180,-- (einmalig) brutto als Kosten für die Zugangsberechtigung (kurz „Zugangsgebühr“) zu bezahlen. Die Zugangsgebühr wird von der ERSTE BANK UND SPARKASSEN LEASING GMBH mit Erlagschein vorgeschrieben.
5.2. Der Kunde ist ferner verpflichtet, der ERSTE BANK UND SPARKASSEN LEASING GMBH im Falle eines Kaufabschlusses für Fahrzeuge eine Provision von € 340,--/Fahrzeug brutto binnen zehn Tagen nach Rechnungslegung zu bezahlen (im abgegebenen Gebot NICHT enthalten). Für sonstige Mobilien fällt keine Provision an.
5.3. Der Kunde verpflichtet sich zur Geheimhaltung und sorgfältigen Verwahrung seiner persönlichen Identifikationsmerkmale. Der Kunde verpflichtet sich insbesondere, seine persönlichen Identifikationsmerkmale keinem unberechtigten Dritten zugänglich zu machen und seine persönlichen Identifikationsmerkmale auch nicht an einen solchen Dritten weiterzuleiten.
5.4. Jeder, der durch Eingabe der persönlichen Identifikationsmerkmale das Erste Leasing Store der ERSTE BANK UND SPARKASSEN LEASING GMBH in Anspruch nimmt, gilt – unabhängig von seinem internen Rechtsverhältnis zu Kunden – gegenüber der ERSTE BANK UND SPARKASSEN LEASING GMBH als berechtigt, Angebote abzugeben. Die ERSTE BANK UND SPARKASSEN LEASING GMBH trifft insbesondere keine Verpflichtung, eine darüber hinausgehende Prüfung der Berechtigung des Kunden vorzunehmen.
5.5. Der Kunde haftet für Schäden, die ERSTE BANK UND SPARKASSEN LEASING GMBH durch eine schuldhafte Nichtbeachtung der Geheimhaltungspflicht oder durch eine sonstige vom Kunden verschuldete missbräuchliche Verwendung der persönlichen Identifikationsmerkmale entstehen.
5.6. Der Kunde hat die ERSTE BANK UND SPARKASSEN LEASING GMBH über jeden Missbrauch seiner persönlichen Identifikationsmerkmale unverzüglich schriftlich mittels Brief oder Telefax zu informieren. Die ERSTE BANK UND SPARKASSEN LEASING GMBH verpflichtet sich, auf ausdrücklichen Wunsch des Kunden im Rahmen des üblichen Arbeitsablaufs die Sperre der persönlichen Identifikationsmerkmale und somit die Sperre des Zugangs zum Erste Leasing Store zu veranlassen.
5.7. Der Kunde hat weiters die Benützerführung und die Sicherheitshinweise des Erste Leasing Store zu befolgen.


6. AKTUALITÄT, RICHTIGKEIT UND VOLLSTÄNDIGKEIT DER BEREIT GESTELLTEN DATEN UND INFORMATIONEN
6.1. Obwohl ERSTE BANK UND SPARKASSEN LEASING GMBH um die ständige Aktualität, Vollständigkeit und Richtigkeit der dem Kunden im Erste Leasing Store bereitgestellten und abrufbaren Daten und Informationen bemüht ist, bleiben diesbezüglich Irrtümer und Änderungen vorbehalten.
6.2. Bei Differenzen zwischen dem Kunden postalisch zugeschickten Vertragsdaten oder Informationen und den Vertragsdaten oder Informationen, die im Rahmen des Erwerbes eines Fahrzeuges oder einer sonstigen Mobilie im Erste Leasing Store der ERSTE BANK UND SPARKASSEN LEASING GMBH dem Kunden zugänglich gemacht werden, gelten erstere als maßgeblich für das Vertragsverhältnis zwischen dem Kunden und der ERSTE BANK UND SPARKASSEN LEASING GMBH.


7. HAFTUNG
7.1. Die ERSTE BANK UND SPARKASSEN LEASING GMBH haftet für keinerlei Schäden, die dem Kunden im Rahmen seiner Teilnahme an dem Verwertungsportal Erste Leasing Store aus welchen Gründen immer entstehen.
7.2. Dieser generelle Haftungsausschluss gilt insbesondere für Unterbrechungen und Beschränkungen der Nutzungszeiten auf Seiten der ERSTE BANK UND SPARKASSEN LEASING GMBH, für Übermittlungsfehler auf welcher Seite immer, technische Probleme jeder Art auf Seiten des Kunden und höhere Gewalt.


8. DATENSCHUTZ
8.1. ERSTE BANK UND SPARKASSEN LEASING GMBH verarbeitet im Rahmen des Verwertungsportals ausschließlich Kunden- oder Vertragsdaten, die sie bereits im Rahmen dieser Vereinbarung erhoben und verarbeitet hat, oder die von ihr noch zur Abwicklung eines Vertrages über das Verwertungsportal erhoben und verarbeitet werden. Die Verwendung der Kunden- und Vertragsdaten im Rahmen des Verwertungsportals erfolgt ausschließlich zum Zweck, dem Kunden die Verwertungsportalsleistungen zur Verfügung zu stellen.
8.2. Der Kunde erklärt sich hiermit ausdrücklich damit einverstanden, dass seine Kunden- und Vertragsdaten elektronisch verarbeitet und gespeichert werden, sodass deren Zugänglichmachung im Rahmen des Verwertungsportals erfolgen kann.
8.3. Der Kunde kann seine Zustimmung zur elektronischen Verarbeitung seiner Kunden- und Vertragsdaten im Rahmen des Verwertungsportals jederzeit schriftlich mittels Briefes oder Telefax widerrufen.


9. VEREINBARUNGSBEENDIGUNG
Diese Vereinbarung wird auf unbestimmte Zeit geschlossen. Sie kann sowohl von der ERSTE BANK UND SPARKASSEN LEASING GMBH als auch vom Kunden ohne Einhaltung einer Frist schriftlich aufgelöst werden. Bereits abgeschlossene Käufe werden durch die Auflösung nicht betroffen.


10. UNWIRKSAMKEIT EINER BESTIMMUNG
Sollte eine der Bestimmung dieser Vereinbarungen, aus welchen Gründen auch immer unwirksam sein, so wird dadurch die Wirksamkeit der anderen Bestimmungen nicht berührt. Anstelle der unwirksamen Bestimmungen gilt jene Regelung, die dem am nächsten kommt, was die Parteien gewollt haben oder nach dem Sinn und Zweck dieses Vertrages gewollt hätten, wenn sie bei Abschluss dieses Vertrages die Rechtsunwirksamkeit bedacht hätten.


11. ERFÜLLUNGSORT, RECHTSWAHL UND GERICHTSSTAND
11.1. Auf das gegenständliche Rechtsverhältnis ist ausschließlich österreichisches Recht unter Ausschluss der Verweisungsnormen des österreichischen internationalen Privatrechts anwendbar.
11.2. Erfüllungsort und ausschließlicher Gerichtsstand für alle Streitigkeiten aus dem Bestande und der Auflösung dieser Vereinbarung ist Wien (§ 104 JN).


12. KOMMUNIKATION
Die Ansprechpartner die befugt sind verbindliche Auskünfte zu geben und entgegenzunehmen sind bei:

• Kunde:
Ansprechpartner:...................................................................

Telefon:...................................................................

Mobil:...................................................................

Fax:...................................................................

E-Mail:...................................................................

UID:...................................................................

(Händlernummer ERSTE BANK UND SPARKASSEN LEASING GMBH-intern):...................................................................

• ERSTE BANK UND SPARKASSEN LEASING GMBH
Ansprechpartner: Christian Bleich
Telefon: 050100/676650
E-Mail: christian.bleich@s-leasing.at




Wien, am...................................................................


ERSTE BANK UND SPARKASSEN
LEASING GMBH







...................................................................
Christian Bleich


...................................................................
(firmenmäßige Zeichnung)




____________________________________________________________________________________________________________________



GENERAL CONDITIONS FOR PARTICIPATION IN TENDERS FOR THE PURCHASE OF USED OBJECTS FINANCED BY SPARKASSE LEASING D.O.O. SARAJEVO



These general conditions of participation in tenders for the purchase of used objects financed by Sparkasse Leasing d.o.o. Sarajevo (hereinafter “GC”) regulate the conditions and procedure for submitting a tender of certain interested parties in concluding a purchase contract for objects which were originally financed by Sparkasse Leasing d.o.o. Sarajevo. Sarajevo. Submission of tenders for used objects is carried out via Internet application
www.s-leasing.ba (hereinafter referred to as “application”) of Sparkasse Leasing d.o.o. Sarajevo, based in Sarajevo, Zmaja od Bosne 7, ID number: 4201245390009 (hereinafter “seller”).

1. USER REGISTRATION

1.1 Authorization for the submission of offers, participation in different methods of bidding, and usage of the full extent of the application menu will be reserved only for those interested parties who successfully registered in accordance with the provisions of the GC, and in accordance with certain steps and procedures of the internet application.
1.2 Person interested in using the application to the full extent undertakes the “Registration” link, and is obliged to fill in all fields marked as required and basic information regarding the company of the interested party, information concerning the person who is authorized by the interested party to log in to the application and to make offers, information on the person authorized to represent the interested party and who confirms that he/she is aware of the GC, and that he/she accepts them. Interested party is then obliged to print a fully completed registration form (in accordance with this article and the preceding article) as well as a copy of the GC verified by seal and signed by the person authorized to represent the interested party, together with a copy of decision from the court –registry and ID number and to send the said documents via fax and mail to the address of the seller. Interested party is responsible for the accuracy of information specified in the registration form. Interested party also bears the responsibility for the confidentiality of the selected username and password, as well as duty to restrict access to third parties. In case of suspicion that a third party has information about usernames and passwords, the interested party must without delay notify the seller, and the interested party or accepted user is then required to change the password in the application. Responsibility for abuse of username or password always bears the interested party or the accepted user.
1.3 Seller checks the information that the interested party stated in the registration form, which includes the possible acquisition of financial, property and other data from the authorities such as courts, the Registry of the Central Bank etc. Seller reserves the right not to accept the interested party as the application user without mentioning the reasons and without taking into account the accuracy of the data that the interested party stated in the registration form, as well as setting of specific conditions for the acceptance of a user. Interested party has no legal basis in demanding acceptance of his registration. The result of verification and eventual acceptance of the registration application shall be sent to the interested party via e-mail by the seller. If the interested party is accepted as a new user, he can log in immediately upon notification of report under the user name and password that he stated in his registration form. The newly accepted user of the application, accepted by the seller, shall be referred to as “user”. User is upon the acceptance of his application for registration authorized to select additional usernames and passwords in the application, up until the number set by the seller.
1.4 Seller has the right to abolish user registration or to temporarily or permanently restrict the rights of users to bidding, if the user fails to fulfill his obligations under the GC of the sales contract concluded in accordance with the provisions of article 7 and 8. of GC, or if the user does not partake in some variants of bidding. Such termination or restriction on the user’s rights on bidding does not have an impact on businesses that the user in question concluded until that moment nor on the bids he already made, and the user is still obliged to fulfill its obligations in accordance with the GC. Seller also reserves the right to exclude the user from ongoing procedures of bidding in the application without explanation.

2 OBJECTS OF SALE

2.1 Users submit their offers in sign of readiness to conclude the sales contract for the objects originally financed by the seller.
2.2 Seller is authorized for selling the objects as their owner.
2.3 Objects of sale are mainly passenger and freight vehicles, but also various types of machinery and equipment. Descriptions of objects, data regarding their condition, possible defects and damages, storage place, pictures, price and other information are presented by seller in the application next to the object in question. Pictures, descriptions of objects and estimates presented by seller are for information purposes only and do not constitute a basis for determining the actual condition and technical characteristics of the object of sale. The only reliable method for determining the actual condition of the object of sale, its properties, characteristics, possible defects or damages is personal, visual inspection of the object of sale on the location where the object is placed by the supplier before the submission of bids for purchase. Seller is not responsible for impressions of the object of sale that bidders have gotten or conclusions that are brought on the basis of sample documents and information published in the application, which may possibly deviate from the actual object of sale, so the user does not have any rights towards the seller, especially not the right on compensation in case of cancellation of the sales contract, nor to the non-payment of the selling price or on request to reduce the selling price of the object.
2.4 The seller will make sure that every bidder is able to review the object of sale at their own expense and get acquainted with its specifications, features, technical condition, possible defects and damages, as well as design of the objects, and to verify all information on the subject issued by the seller. If the bidder does not use his right on personal review and verification of specification of the object of sale, its properties, technical condition, eventual defects and damages and design of the object, that does not give him the right to withdraw from the sales contract. Submission of bids by users in one of the variants of bidding means that bidder accepts the entirety of specification, features, technical condition, possible defects and damages and design of the object of sale for which he has submitted a bid and he confirms the congruence of the description by the seller presented in the application with the original condition of the object of sale.
2.5 From the aforementioned articles, especially from article 2.1, it follows that the objects being sold are used goods, and therefore upon their sale the seller does not answer to the buyers for visible or hidden material defects on the object nor does he give any kind of guarantee, and the customers buy individual objects such as they are (bought as seen). The selling price of the object achieved in one of the variants of bids and making offers represents the price of the object on the relevant market while taking into account the condition of object from the sale contract in the condition the object truly is.

3 TYPES OF BIDDING AND MAKING OFFERS BY THE BIDDER

3.1 Types in which users submit their offers in applications in a sign of willingness to conclude the contract are “auction”, “buy now” (”immediate purchase”) and open bid “(open offer”)

4 AUCTION

4.1 In auctions the seller also states in the application the initial price of the object, the duration of the tender and minimum allowable rate of bid increment. When one of the users submit their bid for the object of sale, the application also presents the current offer for the object of sale.
4.2 Participation in the auction is possible only if the user logs into the application and submits his bid. The user submits his offer of purchase price in the maximum amount he is willing to pay at the moment for the particular object of sale. Application “auction” works on the principle of so called Auction agent, which means that only the user knows the amount of his maximum bid, which means that his current offer of purchase price may surpass the greatest competitive offer always in the amount of minimum allowable rate of bid increment. The user’s current offer of the purchase price automatically increases in case of increasing competitive offers until the moment when the user's current offer of the purchase price reaches the amount that the user has stated as the maximum amount which he is willing to pay at the moment.
4.3 In case when the maximum bid amount of one user drops lower than the competitive maximum bid amount of another user (i.e. user is exceeded), the exceeded user is immediately notified in the application or via e-mail.
4.4 Conclusion of the sale contract for the object of sale is made with those users who took part in the auction of the object of sale and whose offer is accepted by the seller, who, in turn, informed the user. The seller can accept the offer of the user who offered the highest price before the end of bidding, assuming that the user’s best offer corresponds at the very minimum to the initial price of the object. If the user / highest bidder violates his obligation to conclude the purchase contract for the object of sale, or the sales contract, the seller holds the right on conclusion of the purchase contract with any user-bidder who participated in the tender for the particular object i.e. the seller may declare the tender unsuccessful.
Seller may declare the tender a failure without explanation and / or refuse the offer of one or all users.

5 BUY NOW

5.1 The “buy now” method (immediate purchase) is carried out solely as part of the auction during which the seller, besides the information mentioned in the article 4.1 of GC, discloses the selling price for which the object can be bought immediately.
5.2 Participation in “buy now” method is possible solely for the user who logs into the application and submits his statement of intent to purchase the object of sale under the price given by the seller as the price for buy now variant. Upon receiving of first such statement of intent by some user the bidding ends and “buy now” i.e. “immediate purchase“ takes effect. Conclusion of the purchase contract for the object of sale is made with the user who has given the first statement of intent to purchase of the object of sale under the price given by the seller as the “buy now” price. Seller can call the user to conclude the purchase agreement.
5.3 If one user offers the price which is greater than the initial selling price of the object before any other user submits their statement of intent to purchase in accordance with the article 5.2 of GC, “buy now” is considered completed.

6 OPEN BID

6.1 For the “open bid “ method ( “open offer”) seller also discloses, in the application, the initial price of the object and the duration. Disclosed initial selling price of the object is for informative purposes only.
6.2 Participation in the “open bid “ method is made possible solely for the user who logs into the application and submits the offer under which he is ready to buy the object of sale. The user has the right to offer even lower price than the initial selling price of the object.
6.3 Conclusion of the purchase contract for the object of sale is made with the user who participated in the “open bid” method for the object of sale and who was invited by the seller to conclude the purchase contract, or whose bid he already accepted and notified him. Seller shall be entitled to conclude the purchase contract by accepting the offer of any bidder-user of the variant “open bid” or to declare “open bid” unsuccessful.

7 CONCLUSION OF THE PURCHASE CONTRACT

7.1 The purchase contract for particular object of sale is considered concluded at the moment when the seller notices certain bidder on the acceptance of his offer. Notification of acceptance of the offer is sent by e-mail to the address user has specified in the registration form.
7.2 User who has, in accordance with the provisions of Articles 4-6 of GC, participated in bidding and whose offer was accepted by the seller for a particular object of sale, by which the purchase contract for the particular object of sale is considered concluded, is obliged to, within three days from recieving the notice of acceptance for his offer, fulfill his obligation to pay the purchase price for the object of sale.
7.3 The user with whom the purchase contract is concluded for a particular object of sale can collect the said object immediately upon payment of the purchase price in its entirety, and is obliged to do it within 3 working days from the date when he was informed about the acceptance of his offer. Upon payment of the purchase price the bill and other necessary documentation for the transfer of ownership of the purchased object shall be delivered to him by the seller, and the contracting parties shall sign a formal contract of purchase.
7.4 If the user, with whom the purchase contract for particular object of sale is concluded, does not complete his obligation on payment of the purchase price within the time frame specified in the article 7.2 of GC, it will be regarded that he withdrew from the contract, and the contract of purchase is considered terminated, without the seller’s obligation to provide subsequent appropriate deadline for fulfillment of the obligation by user / buyer. In this case the seller is entitled to claim lump-sum compensation from the users due to withdrawal from the contract in the amount of 10% of the agreed purchase price for the object of sale.
7.5 The user’s obligation to pay the purchase price shall cease in the event that the user decides to conclude the lease agreement with the seller before the expiration of deadline for payment of the purchase price as specified in the article 7.2 of GC in which the value of the leased asset is identical to its selling price in accordance with article 8.4 of GC, and if a request for financing through leasing is approved by the seller, in accordance with the procedures of Sparkasse Leasing d.o.o. Sarajevo.

Seller is not obliged to conclude the lease agreement with the user.

8. CONTENTS OF THE PURCHASE CONTRACT

8.1 The purchase contract which the seller as the subject authorized for selling the object concludes with the user as the buyer as related to the sale and purchase of the object for which the user has submitted a bid in accordance with the provisions of article 4.-6. of GC implies the provisions in the following articles of this paragraph.
8.2 The object of purchase and sale is the object for which the user has submitted a bid in accordance with the provisions of Articles 4.-6. of the GC.
8.3 Seller states that he is authorized for the sale of object.
8.4 The selling price is equal to the bid made by the user (buyer) which is reached within one of the methods for the bid submission thereby the user has stated his will to conclude the contract in accordance with the provisions of Articles 3. - 6. of the GC. OU-a. The selling price is considered paid only on the day of its entry in the full amount to the gyro account of the seller.
8.5 Delivery and collection of the object are made immediately after the user (buyer) has paid the full amount. Collection takes place at the site of delivery of the object which corresponds to the current location where the object is stored as specified in the application in addition to other information concerning the object of sale given by the seller. If the user (buyer) requires the object to be delivered in different location, he is obliged to provide transport of the object to that specific location and he should bear the costs of transport and insurance. If the user’s (buyer’s) headquarters, residence or whereabouts are outside of Bosnia and Herzegovina, he is obliged to pay for all actions related to the sale of the object to a foreign country at his own expense (in particular possible custom fees and similar procedures).
8.6 User (buyer) declares that he is familiar with the technical condition of the object as well as all of its defects, and also with the fact that the selling price is appropriate to the state of the object, so the user (buyer) therefore buys the object as it is, and the seller is not liable for its hidden and visible defects nor does he guarantee its quality.
8.7 User (buyer) acquires ownership of the object only after he pays the total sales amount to the gyro account of the seller. The risk of damage to the object shifts to the user (buyer) upon the collection of the object.
8.8 The contracting parties agree that all disputes arising from legal relations based on or related to the contract of purchase are to be settled in the Municipal Court in Sarajevo.

9. FINAL PROVISIONS

9.1 For legal relations between the seller, the interested party and the user which are not strictly regulated by the GC legal regulations of Bosnia and Herzegovina will be considered, particularly the Law on Obligations.
9.2 User is obliged to immediately inform the seller in writing about the change of his headquarters, residence or whereabouts, phone number or fax machine, e-mail address, as well as all other changes of information concerning the company which the user has given in the application form for registration, except for the change of password.
Possible invalidity, voidance or incompleteness of the provisions of the GC cannot have as a consequence invalidity or voidance of all GC. 9.4 Interested party i.e. user agrees that all of his data delivered upon registration can be forwarded to the supplier and system maintainer of the application, the company Motrada GmbH, with its headquarters in Reisnerstrase 25/4, 1030 Wien, as well as to the entities belonging to the same affiliation as the seller or his founders.
9.5 All written mail and e-mail based on the GC, or in connection with the GC, which the seller submits to the user, is being sent to the address or e-mail address of the interested party i.e. user as specified in the application form for registration and the address that the interested party i.e. user has submitted in writing to the seller. The day of delivery for written shipments that have not been sent by e-mail is the day of collecting the written shipments by the interested party i.e. user or day of return for the said shipment by postal office to the seller due to interested person’s i.e. user’s failure to collect the shipment within the designated deadline or because the interested party or user does not have headquarters or does not live at the stated address. Written documentation sent via e-mail and all e-mail in general is considered to be delivered at the moment of sending to the e-mail address of the interested party or the user as specified in the application form for registration i.e. the e-mail address which the interested party or user has delivered to the seller in writing. 9.5 Parties agree that the seller is entitled to modify the GC at any time. In that case, the new version of GC is valid from the day of delivery to the user by mail or e-mail. The new version of the GC is binding on the variants of bid submission in the application in which the user participates upon the submission of a new version of the GC. If the user does not agree with the new GC then he is entitled to request the cancellation of his registration from the seller. In case that the user is participating in one of the variants for the submission of bids after the delivery of new version of the GC, then his participation is considered to be unconditional acceptance of the new version of the GC.
9.6 The contracting parties agree that all disputes arising from legal relations based on or related to the GC are to be settled in Municipal Court in Sarajevo.
9.7 By signing the application form for registration the interested party confirms that he is familiar with all the conditions of registration in the application and that he has read the current version of the GC carefully and in its entirety. By signing the application form for registration the interested party confirms that he understands the GC in its entirety, that he unconditionally accepts it and that he will respect all provisions of the GC.
9.8 Only the users i.e. the interested parties with the status of legal person will be accepted.
If the object of leasing is the property of another country from the seller’s affiliation, in order to receive the offer the user is required to be familiar with and to accept the rules and the GC of the owner.


The seller checks the information the interested party stated in the registration form. Seller reserves the right not to accept the interested party as the user of the application without stating the reasons and without taking into account the accuracy of the data that the interested party stated on the registration form, as well as to set specific conditions for accepting a user. Interested party has no legal basis to require acceptance of its registration. The result of verification and eventual acceptance of the registration request will be sent to the interested party by the seller via e-mail. If the interested party is accepted as a new user, he can log in immediately upon receipt of notice under the username and password that he stated in his request for registration. The new user of the application, accepted by the seller, from then on will be referred to as "user ". User is upon the acceptance of his application for registration authorized to select additional usernames and passwords in the application, up until the number set by the seller. Seller has the right to abolish user registration or to temporarily or permanently restrict the rights of users to bidding, if the user fails to fulfill its obligations under the GC of the sales contract concluded in accordance with the provisions of Article 7 and 8. of the TC, or if the user does not partake in some variants of bidding. Such termination or restriction on the user’s rights on bidding does not have an impact on businesses that the user in question concluded until that moment nor on the bids he already made, and the user is still obliged to fulfill its obligations in accordance with the TC. Seller also reserves the right to exclude the user from ongoing procedures of bidding in the application without explanation.

Sparkasse Leasing d.o.o. Sarajevo




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General Terms and Conditions for sale of movable property financed by SPARKASSE LEASING S, družba za financiranje d.o.o., Cesta v Kleče 15, 1000 Ljubljana, Slovenia, and ID for VAT: SI50687620



General Terms and Conditions for sale of movable property financed by SPARKASSE LEASING S, družba za financiranje d.o.o.( (hereinafter referred to as: GTC) govern the terms and conditions of the use of web auction of used movable property organised by SPARKASSE LEASING S, družba za financiranje d.o.o., Cesta v Kleče 15, 1000 Ljubljana, Slovenia. GTC set out types of auctions, time of entering into and the contents of the used movable property purchase agreement, financed by SPARKASSE LEASING S, družba za financiranje d.o.o.(hereinafter referred to as: Sparkasse Leasing S d.o.o. or „Operator“). For the purposes of these GTC, if it is not set out hereinafter, it shall be deemed that, is the owner and seller of the moveable property and operator of the Application intended for the sale of the used moveable property.

1. Registration

1.1. Only those interested persons who have successfully registered in accordance with the provisions of the GTC and followed the individual steps and procedures found in the internet Application may bid, participate in individual forms of purchases and utilize the Application's service in full.

1.2. A person interested in utilizing the Application in full shall undertake to fill in all fields under the link titled “Registration” which are marked as mandatory. Basic information is the information about the interested person’s business and information about the person acting on behalf of the interested person, to complete the application and enter bids. By registering the interested person confirms that he/she has read the GTC in their entirety and fully accepts them. The interested person undertakes to print the completely filled in registration form and the GTC, signed by the authorized person, and send them together with a copy of the personal document of the authorized person by Fax to +386 (0)1 583 23 87, as well as by regular mail to the address of the operator. The interested person is responsible for the accuracy of all details entered in the registration form and bears all the costs of registration to the internet Application.

1.3. The interested person shall choose a password with which he/she enters to the internet Application. The interested person or the User undertakes to keep the user name and password confidential and shall disclose them to any third person. The interested person or the User him/herself is responsible for safe storage and keeping the user name and password confidential. The interested person or the User undertakes to do everything in his/her power for restricting third persons from accessing the internet application under his/her user name and password. If suspicion arises that a third person is in possession of the user name or password, the Operator must be immediately informed thereof by the registered User or the interested person, and the password to the Application must be changed by the Operator. In case of any misuse or unauthorized use of the user name or password, the interested person or registered User shall be held liable for the damage caused.

1.4. The Operator shall review details the interested person entered in the registration form. The Operator reserves the right to refuse, without giving reason, and not accept any person as a user of the Application, regardless of the accuracy of details the interested person entered in the registration form. The operator can set out other additional terms and conditions for accepting the interested person. In case the Operator refuses to admit any interested person, this interested person shall not have, as a result of the refusal, any objection or any other legal claim against the Operator. The Operator, after having reviewed the application, shall notify by e-mail the interested person about its decision, if the interested person is accepted as a new user of the application to trade. If the interested person has been accepted as a new user, he/she may immediately, having been notified thereof, log in with the user name and password he/she selected during registration. Any new user the Operator accepts is hereinafter referred to as “the User”. The User, his/her registration having been accepted, shall be entitled in the Application to change his/her password.

1.5. The Operator primarily accepts as a user any business whose activities include, in particular, the purchase and sale of used vehicles and vessels, industrial or engineering construction or used vehicles and vessels or industrial or engineering construction repairs. If a user ceases to be licensed in any of the activities constituting its line of business, the User shall inform the Operator thereabout without delay. The Operator may accept as a user also companies or private entrepreneurs who need used vehicles, vessels, machinery or equipment for performing their activities.

1.6. The Operator is entitled to, without explanation, at any time cancel, revoke, temporarily or indefinitely restrict the User’s right to bid in the event when the User breaches any provision of the GTC or the User ceases to perform one of his/her activities or ceases to actively participate in one of the methods of placing bids or when judged so by the operator. Such exclusion of a User or any restriction of the User’s rights shall have no effect on any transactions the User has concluded through the Application and any bids he/she has already participated in or is still participating in. In such case, the User shall comply with his/her duties according to the GTC.

2. Objects for sale

2.1. The users enter their bids as an expression of their true will to buy the used movable property the Operator as the bidder offered for sale through its internet Application.

2.2. The Operator is thereby entitled to resell the movable property as the owner thereof or by virtue of having exercised its security interest over such objects or by virtue of having exercised the enforcement of transfer of title to such objects.

2.3. The movable property for sale may be, in particular, vehicles, vessels, machinery, industrial or other equipment. A description of individual movable property, its condition, any possible faults, defects and/or damage thereto, place of storage, photographs thereof, financial and pricing terms and conditions and further information, where appropriate, shall be disclosed by the Operator in the Application for a specific object for sale. Photographs, descriptions and estimates disclosed by the Operator in the Application are solely a visual assessment and not a binding source for actually determining the condition or technical description of the object for sale. The only source of information about the actual condition of the object for sale, its markings, features, possible faults and defects and/or any damage thereto and description thereof is exclusively a personal, visual inspection at the place where the object for sale is stored, conducted by the participant therein before bidding on the object for sale. The Operator is not liable for any conclusions participants therein reach on the basis of the materials and information disclosed in the Application, which might possibly deviate from the actual condition of the object for sale. Therefore the User shall not be entitled to exercise any claims against the Operator, in particular, for indemnification, or to withdraw from the purchase agreement, not to pay the purchase price or to demand a reduction in the purchase price of the object for sale, if the actual condition of the object for sale is different from that stated in the internet Application.

2.4. The Operator shall allow each participant therein, at his/her own expense, to obtain an understanding of the place where the object for purchase is stored specifications all features, technical condition any possible faults, defects and damage thereto and also the appearance of the object for sale, and to verify information about the object for sale which the Operator has disclosed in the Application. Failure by participants therein to obtain an understanding of the specifications, all features, technical condition, any possible faults, defects and damage thereto, and appearance of the object for sale shall not be grounds for any claims by the participants therein against the Operator for prospective withdrawal from the purchase agreement, not to pay the purchase price or for demanding a reduction in the purchase price of the object for sale. A User bidding in any of the forms for expressing his/her will and any entered bids mean a participant therein accepts in full the specifications all features the technical condition any possible faults, defects and damages thereto and the appearance of the object for sale, in respect whereof the User has bid, and accordingly the User confirms that the description of the object for sale disclosed by the Operator in the Application conforms to its actual condition.

2.5. The facts presented in the preceding paragraphs, and in particular paragraph 2.1. Of the GTC, imply that all objects for sale being sold are used. The Operator will therefore neither be liable, subsequent to the resale thereof, for any faults or defects in objects for sale nor will it provide any guarantee. Any purchasing participants will buy individual objects for sale as they are (as is). The purchase price of the object for sale ascertained in any of the formats for expressing and entering bids represents the price of the object for sale in the relevant market and takes into account the condition at that moment of the object for sale, which the purpose of the agreement actually inheres.

3. Forms for participants to express and enter bids

3.1. The forms whereby users enter their bids in the Application as an expression of their will to conclude a purchase agreement regarding the purchase of objects for sale shall be “Auction”, “Buy Now” and “Open Bid”. Regardless of the form of the web auction, the users shall enter their bids as an expression of their true will to enter into the purchase agreement for a specific moveable property, for sale in the Application.

4. Auction

4.1. The Operator, when auctioning the object for sale, accordingly discloses in the Application the auction price of the object for sale, the duration of the auction and the minimum overbid of the purchase price. The users’ bids will accordingly appear in the current Application of the specific movable property.

4.2. The User may participate in an auction solely by logging onto the Application and bidding the purchase price. The User is also entitled to bid a purchase price less than the auction price. The User bids the highest purchase price the User is willing to pay for the object for sale at the given moment. The Application operates the “Auction” form on the “auction agent” principle, which means only the user who has bid knows the value of his/her bid where the User’s current bid of the purchase price will at all times amount to the value of a minimum overbid which is the higher of the highest competing bid entered by another user. The User’s current bid of the purchase price automatically increases in the event of a higher competing bid until the moment when the User’s current bid of the purchase price is no longer less than or equal to the value of the highest purchase price the User is willing to pay for the specific object for sale at the given moment.

4.3. In the event a bid of the highest purchase price the User is willing to pay for a specific object for sale at the given moment is less than a competing bid of the highest purchase price entered by another user who is willing to pay for the specific object for sale at the given moment, the User, having the lower bid, will be immediately informed thereof either directly on the Application or, when necessary, by electronic mail.

4.4.Most favorable user (provider) is the one whose bid was the highest before the auction ended to conclude the purchase agreement, although provided that the highest bid is at least the auction price of the object for sale. The Operator shall notify the participant within 8 days at the latest on the completion of the auction of being selected and shall invoice him/her under the provisions of these GTC. From the moment of receipt of the notification on selection, it shall be deemed the purchase agreement for a specific moveable property under the provisions of these GTC is entered into.

4.5. If the user, as the highest bidder, fails to pay the invoice in a timely fashion, the Operator may, under the provisions of Section 8 of these GTC withdraw from the agreement and select a participant at random – a user from the auction, irrespective of the amount of his/her bid, or may declare the auction to have been unsuccessful.

5. Immediate purchase (or buy now)

5.1. Immediate purchase exclusively runs as part of the auction, where the Operator, in such a case, accordingly discloses together with the data shown in paragraph 4.1. Of the GTC the price whereat the object for sale can be immediately purchased.

5.2. The User may participate in “immediate purchase” solely by logging onto the Application and expressing his/her intention to purchase the object for sale at the price laid down by the Operator, whereat the object for sale can be purchased immediately. With such content of the first user the auction as well as the »immediate purchase« shall be concluded. The user sending the Operator the first bid enters into the purchase agreement with the Operator under the provisions of Section 8 of these GTC. The Operator shall notify the participant within 8 days at the latest on the completion of the immediate purchase of being selected and shall invoice him/her under the provisions of these GTC.

6. Open Bid

6.1. The Operator, in the case of an Open Bid of the object for sale, accordingly discloses in the Application the auction price of the object for sale, the duration wherein bids may be entered and the minimum overbid of the purchase price. The users shall themselves give binding offers to the Operator whereby the purchase price of the movable property is published as well as the minimum overbid are merely of informative nature for the user.

6.2. The User may participate in an Open Bid solely by logging onto the Application and bidding the purchase price whereat he/she is willing to purchase the object for sale. The User is also entitled to bid a purchase price less than the auction price.

6.3. The Operator shall be entitled to select any user voluntarily participating in the “Open Bid” regardless of the amount the user bids, or the Operator may declare the “Open Bid” to have been unsuccessful. The Operator shall notify the participant within 8 days at the latest on the completion of the “Open bid” of being selected and shall invoice him/her under the provisions of these GTC. From the moment of receipt of the notification on selection, it shall be deemed the purchase agreement under the provisions of these GTC is entered into.

6.4. If the user, selected by the Operator, fails to pay the invoice in a timely fashion, the Operator may, under the provisions of Section 8 of these GTC withdraw from the agreement and select another participant at random – a user from the open auction, irrespective of the amount of his/her bid, or may declare the auction to have been unsuccessful.

7. Contract on a purchase agreement

7.1.It shall be deemed that the User, whom the Operator in accordance with provisions of Articles 4-6 of the GTC, has called upon to conclude a purchase agreement as the highest bidder, has, upon the receipt of the notification, been informed that he has already concluded the purchase agreement, the contents of which are set out in Article 8 of the GTC. A written notification, sent by fax or electronic mail to the User's address shall be deemed as the notification of the concluded purchase agreement.

8. Contents of the purchase agreement

8.1. The seller/operator shall be SPARKASSE LEASING S, družba za financiranje d.o.o., Cesta v Kleče 15, 1000 Ljubljana, Slovenia, entered into the court register on 19.04.2010, under the entry no. 2010/11070, ID for VAT: SI50687620

8.2. The buyer is a user whose information is evident from the information submitted during the registration in accordance with the provisions of Article 1 of the GTC.

8.3.The user and the Operator have, by entering into the purchase agreement in the manner set out in the Articles 4, 5 and 6 of the GTC, agreed on the agreement with the below stated contents. The object of the purchase agreement is set out in Chapter 2 of these GTC and represents movable property published in the internet Application, which the User could inspect and which is described in more detail in the invoice, which forms an integral part of the purchase agreement.

8.4.The purchase price of the object for sale, inclusive of or indicated VAT, will equal the User’s (Buyer’s) bid of the purchase price ascertained in any of the forms of the auction under the conditions set out in Articles 4, 5 and 6 of these GTC. The purchase price shall be paid by the User (Buyer) no later than within eight (8) business days upon receipt of the notification that he/she has been selected as the buyer of the movable property. The purchase price shall be regarded as being paid on the date when it is credited in full to the Operator’s bank account.

8.5. The due date for the payment of the purchase price is an essential component of the purchase agreement. The Operator may, without any further written warning, withdraw from the agreement on the first business day following the moment when the payment falls due. The purchase agreement shall be cancelled the moment the user receives the Operator's notification thereof. The Operator may immediately after the cancellation of the purchase agreement declare the auction (Articles from 4 to 6 of the GTC) to have been unsuccessful or may in accordance with the provisions of the GTC call upon the second highest bidder to enter into a purchase agreement with the operator.

8.6. In case the user fails to pay the purchased movable property within the agreed period and the Operator withdraws from the agreement, the Operator shall charge the user € 360 of the fixed contractual penalty.

8.7. The Operator expressly states that it is authorized to sell the movable property.

8.8. The take-over of the movable property shall be carried out immediately after the payment of the entire purchase price. The takeover shall be carried out at the place, designated by the Operator, concerning this specific movable property in the Application and which is the current place of storage of movable property. The user shall bear all costs concerning the transport and handling of the movable properties as well as possible costs related to the sale and transport of movable properties abroad (in particular but not exclusively the costs of the forwarding agent, taxes, custom duties and costs of administrative procedures necessary for the takeover or the registration of the movable properties). The user assumes the risk of damages to movable properties at the place of takeover and in the premises where the movable property is physically located.

8.9. The user expressly states that when placing his offer he was acquainted with the technical condition of the movable property as well as all its defects and is aware of the fact that the purchase price reflects the actual condition of the movable property and conditions on the market. The Operator is not responsible for any factual defects of the movable property and does not guarantee the quality or the condition of the movable property. In case the movable property is still under any warranty by the manufacturer of the movable property, the Buyer shall have to negotiate a possible guarantee claim with the authorized representative or authorized dealer of the sold movable property.

8.10. The user shall obtain legal title to the movable property at the moment the operator's bank account is credited with the entire purchase price. At the moment of the payment of the purchase price all risks, including the risk of accidental destruction shall pass to the user, together with the costs associated with the sale of the movable property (taxes, storage costs, etc.).

8.11. The user may, during the time from the receipt of the notice of selection up until the payment of the invoice falls due, enter with the Operator into a leasing agreement, whereby the purchase of the lease of the property shall be the same as the purchase price in accordance with Article 8.4 of the GTC. The Operator shall not be under any obligation to enter into a leasing agreement with the user. With regards to GTCT it shall be deemed that by entering into a leasing agreement and payment of the first instalment of the lease (including the down payment and first regular instalment of the lease) the user paid the purchase price under the previsions of 8.5 of the GTC. After entering into the lease agreement and payment of the down payment and payment of the first regular instalment of the lease, the provisions of this new lease agreement shall, mutatis mutandis apply also to mutual rights and obligations of the contracting parties.

8.12. The contracting parties hereby agree that they shall try to resolve any disputes in an amicable manner, however, in case of a dispute it shall be resolved by the competent court of Ljubljana. The contracting parties also agree that the Slovene law shall apply (substantive and procedural law).

9. Closing provisions

9.1. The user shall immediately inform the Operator in writing of any change of the corporate registered office, business address, telephone or fax number or electronic mail as well as any change of any other contact information of the company which the Operator stated in the registration form, except the change of access password. The Operator may claim fixed contractual penalty in the amount of € 360 for breach of any of these obligations.

9.2. An interested person, as well as the User, agrees to allow the Operator to provide any and all information which has been provided, in respect of registration, to Motrada Handels GmbH, with its registered office at Reisnerstraße 25/4, 1030 Vienna, as the Application’s supplier and service manager, as well as the company which owns the Application and has either personal or capital ties to the Operator or the Operator’s shareholder.

9.3. Any and all written correspondence and e-mail messages to be sent by the Operator on the basis of, or in connection with, these GTC shall be sent by the Operator to the address or e-mail address of the interested person/User shown in the Registration Form or to the address which the interested person/User has indicated to the Operator in writing. Any written correspondence sent other than by electronic mail shall be regarded as having been delivered on the date it is sent by the interested person/User or on the date when the post office returns the written correspondence to the Operator because it was either not accepted by the interested person/User within the period for accepting it or because the interested person/User neither was residing nor had its business at the address shown on the posted written correspondence. Written correspondence and e-mail messages sent electronically shall be regarded as having been delivered at the moment when they are sent either to the e-mail address of the interested person/User shown on the Registration form or to the e-mail address the interested person/User indicated in writing to the Operator.

9.4. The Contracting Parties have agreed that the Operator shall be entitled at any time to amend the GTC, where the amended text becomes binding upon the User at the moment when the amended GTC is delivered to the User either electronically or through the post. The amended GTC is binding for the bidding forms in the Application wherein the User participates after the amended GTC has been delivered. In the event the User does not consent to the amended GTC, he/she shall be entitled to ask the Operator to have his/her registration cancelled in full. The User’s participation in a voluntary bidding form, once the amended GTC has been delivered, shall be regarded as having accepted the amended GTC without any reservations.

9.5. The Contracting Parties have agreed that any disputes, which arise between them from the legal relationships, based on the GTC or any relationships related to the GTC may be submitted for settlement to an arbitrator at the competent court in Ljubljana. The contracting parties also agree that Slovene law shall apply (substantive and procedural law). In potential disputes between the parties arising from the legal relationships or concerning these GTC, the Slovene version of GTC shall be taken into consideration.

9.6. If in connection with any of the movable properties stated in the internet Application, another offeror/Owner, other than the operator is stated, then the User shall get acquainted with their rules of placing bids, GTC the moment of entry into the purchase agreement, application of the law and similar documents set out by the owner of the property prior to placing of the bid. If the User participates in one of the forms of placing bids for the property the owner of which is another operator, he/she thereby accepts without reservations their rules on the manner of placing bids, GTC, application of the law, time and method of entering into the purchase agreement and similar documents as set out by the owner of the movable property.
9.7.The user whose bid has not been accepted or who has not been called upon as the highest bidder shall cover his/her own costs of placing bids and shall have no claim against the operator.

9.8. In case individual provisions of the GTC do not apply this does not affect the effectiveness of the GTC as a whole.

9.9. By signing the Registration Form, an interested person confirms that he/she has been properly acquainted with all the terms and conditions for being registered in the Application and that the interested person has read the GTC in full. The interested person, by signing the Registration Form, also agrees to the entire GTC, accepts them without any reservation and will comply with all provisions of the GTC.

At ________________, on ________________



______________________________ _____________________________
(Signature of the statutory representative)*

*Note: The signatory should beside the signature on the last page sign all of the pages of these General Terms





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GENERAL TERMS OF PARTICIPATION IN COMPETING FOR THE PURCHASE OF USED OBJECTS FINANCED BY ERSTE LEASING d.o.o.


This General Terms of Participation in Competing for the Purchase of Used Objects Financed by ERSTE LEASING d.o.o. (hereinafter referred to as the “GT”) regulate the terms and the procedure for submitting bids of individual interested parties for the conclusion of a purchase agreement for objects originally financed by ERSTE LEASING d.o.o. The submission of bids for used objects shall be carried out via the web application www.ersteleasingstore.hr (hereinafter referred to as “the Application”) of ERSTE LEASING d.o.o. with the headquarters in Zagreb, Zelinska 3, company registration number (MBS): 080128553, personal identification number (OIB): 46550671661 (hereinafter referred to as „the Seller”).

1 USER REGISTRATION



1.1 Authorization for submitting bids, participation in various bidding models, and the use of the Application menu to the full extent shall be provided only to those interested parties who are successfully registered in accordance with the provisions of the GT and in accordance with the individual steps and procedures of the web Application.

1.1.1 LEGAL PERSONS

A legal entity interested in using the Application to the full extent shall be obliged by choosing the “Registration” field to fill out all the fields marked as mandatory with basic information about the company of the interested party, information about the person who on behalf of the interested party is authorized to log into the Application and to offer a bid, information about the person authorized to represent the interested party, and at the same time, they shall confirm that they are familiar with the GT and that they accept them. The interested party shall then be obliged to print the fully completed registration application form (in accordance with this and the previous item) as well as one copy of the GT and then, certified with a stamp and signed by the person authorized to represent the interested party, send them by email to the indicated address and by post to the Seller’s address. When registering in the Application, the interested party shall also fill out fields that point out their interest, i.e. ask the Seller for feedback on the objects listed in the Application. By choosing the type of information and the periods of reporting by email, the interested party expresses the desire for the aforementioned reporting and accepts the same from the Seller. The interested party shall be responsible for the accuracy of all the information stated on the registration application form. The interested party shall also bear responsibility for the confidentiality of the chosen username and password, as well as the ban of access to third parties. In the event of suspicion that a third party has information about the username or password, the Seller must be notified without delay and the interested party or the accepted user shall be obliged to change the password in the Application. The responsibility for misuse of the username or password shall always be borne by the interested party or the accepted user.

1.2 The Seller shall verify the information that the interested party specified in the registration form. The Seller shall reserve the right not to accept the interested party as a user of the Application without stating a reason for it and not taking into account the accuracy of the information that the interested party has specified on the registration application form, as well as set special conditions for accepting a user. The interested party shall have no legal basis to request the acceptance of their registration. The Seller shall inform the interested party via email about the verification result and potential acceptance of the registration application. If the interested party is accepted as a new user, they can log in immediately upon receipt of the notification under the username and password they entered in their registration application. The new user of the Application, accepted by the Seller, shall further be referred to as the “user”. Upon accepting their registration application, the user shall be authorized to select additional usernames and passwords in the Application, up to the number specified by the Seller.

1.3 The Seller shall have the right to terminate the registration of the user, or temporarily or permanently restrict the user's right to bid if the user does not fulfill their obligations from the GT or the purchase agreement that is concluded in accordance with the provisions of Articles 7 and 8 of the GT, or if the user does not participate in one of the bidding models. Such exclusion or limitation of the user's right to bid shall not affect the work that the user in question has concluded up to that moment or on the bids they have submitted, and the user shall still be required to fulfill their obligations in accordance with the GT. The Seller shall also reserve the right to exclude users from ongoing bidding procedures in the Application without any justification.

2 OBJECTS FOR SALE



2.1 Users shall submit their bids as a sign of readiness to conclude a purchase agreement for objects originally financed by the Seller.

2.2 The Seller is authorized to sell the objects as their owner. 2.3 The objects of sale are mainly vehicles, machinery, vessels, industrial and other equipment. Individual descriptions of objects, information on their condition, any possible defects and damage, storage location, images, financial data, price, and other information shall be published by the Seller in the Application next to the object in question. Images, object descriptions, and the estimates published by the Seller in the Application are solely informative and do not constitute a basis for determining the actual state and technical specifications of the object of sale. The only reliable way of determining the actual state of the object of sale, its characteristics, features, possible defects or damage is a personal, visual inspection of the object of sale at the storage location by the bidder, before submitting the purchase bid. The Seller shall not assume any responsibility for the impressions of the object of sale that the Bidders develop or the conclusions they make based on the sample documents and information published in the Application, which may deviate from the actual condition of the object of sale, and therefore, the user has no rights with regards to the Seller, especially not to damages in the event of a withdrawal from the purchase agreement, nor to the non-payment of the sales price, nor to a request for a reduction in the sales price of the object. 2.4 Each bidder shall be afforded by the Seller to review the object of sale at their own expense and to acquaint themselves with its specifications, characteristics, technical condition, any possible defects and damages, as well as the design of the object, and to check all information about the object that the Seller has disclosed. If the bidder does not make use of their right to personal inspection and verification of the specifications of the object of sale, its characteristics, technical condition, any possible defects and damage, and the design of the object, it shall not entitle him to withdraw from the purchase agreement. Submission of a bid by a user in one of the bidding models shall mean that the bidder fully accepts the specifications, characteristics, technical condition, any possible defects and damage, and the design of the sales object for which they submitted a bid, and confirms that the description published by the Seller in the Application matches the actual condition of the object of sale. 2.5 From the items mentioned above, in particular item 2.1, it arises that the objects of sale are always used objects and therefore the Seller shall not upon their sale be responsible for the visible or latent material defects on the object to the customer nor shall the Seller provide any guarantee, and the buyers shall purchase the objects individually as they are (bought as seen). The sales price of the object achieved in one of the competition and bidding models shall be the price of the object on the relevant market, taking into account the actual condition of the object of the purchase agreement as it really is.

3 COMPETITION AND BIDDING MODELS BY THE BIDDER



3.1 The models in which the users of the Application submit their bids as a sign of readiness to conclude a purchase agreement are “auction”, “buy now”, and “open bid”.

4 AUCTION



4.1 When auctioning an object of sale, the Seller announces in the Application the initial sales price of the object, the duration of the bid and the minimum allowed increase of the bid. When one of the users submits their bid for an object of sale, the Application also shows the current bid for the object of sale.

4.2 Participation in the auction shall be possible only upon the login of the user to the Application and submission of a bid. The user shall give their purchase price bid at the maximum amount that they are willing to pay at that moment for the relevant object of sale. The “auction” Application works according to the so called principle of the auction agent, which means that only the user knows the amount of their maximum bid, whereby their current purchase price bid can exceed the highest competitive bid always by the minimum allowed increase of the bid. The user’s current purchase price bid automatically increases in the event of an increase in the competitive bid until the moment when the user’s current purchase price bid reaches the amount the user has stated as the maximum amount they are willing to pay at that moment.

4.3 In the event when the maximum bid amount of one of the users falls below the competitive maximum bid amount of another user (i.e. the user has been exceeded), the exceeded user shall be immediately directly notified in the Application or via email.

4.4 The purchase agreement for the object of sale shall be concluded with the user who participated in the auction of the object of sale and whose bid the Seller accepted and informed the user about it. The Seller shall agree to accept the bid of the user who offers the highest price before the end of the bidding, assuming that the user’s best bid matches at least the initial sales price of the object. If the user / best bidder breaches their obligation to conclude a purchase agreement for the object of sale or an obligation arising from the purchase agreement, the Seller shall have the right to conclude a purchase agreement with any user - bidder who participated in the bidding for the respective object, or the Seller may declare the bidding unsuccessful.

“BUY NOW” MODEL

5

5.1 The “buy now” model shall be carried out exclusively as part of an auction, whereby the Seller, in addition to the information specified in item 4.1 of the GT, also announces the sales price for which the object can be purchased immediately.

5.2 Participating in the “buy now” model shall only be possible providing the user is logged in to the Application and they provide a statement of intent to purchase the object of sale at the price that the Seller has stated as the price at which the object can be purchased immediately. Upon receiving the statement of intent from the user, the bidding ends and “buy now” shall enter into force. The purchase agreement for the object of sale shall be concluded with the user who first provided a statement of intent to purchase an object of sale at the price that the Seller has stated as the price at which the object can be purchased immediately. The Seller is obliged to invite that user to conclude a purchase agreement. If the user / “buy now” bidder breaches their obligation to conclude a purchase agreement for the object of sale or an obligation arising from the purchase agreement, the Seller shall have the right to conclude a purchase agreement with any user - bidder who participated in the bidding for the respective object, or the Seller may declare the bidding unsuccessful.

5.3 If one of the users offers a price that is greater than the initial sales price of the object before another user submits their statement of intent to purchase, in accordance with item 5.2 of the GT, “Buy Now” is considered completed.

6 “OPEN BID” MODEL



6.1 In the “open bid” model, the Seller also announces the initial sales price of the object and the duration of the bidding in the Application. The published initial sales price of the object for the user is used only for informative purposes.

6.2 Participation in the “open bid” model is only possible provided that the user is logged in to the Application and that they submit a bid according to which they are willing to buy the object of sale. The user shall have the right to quote a lower price in their bid than the initial sales price of the object.

6.3 The purchase agreement for the object of sale shall be concluded with the user who participated in the “open bid” model for the object of sale and who the Seller invited to conclude the purchase agreement with or whose bid the Seller accepted and informed the user about it. The Seller shall have the right to conclude a purchase agreement by accepting a bid with any bidder - user from the “open bid” model or to declare the “open bid” unsuccessful.

7 CONCLUSION OF A PURCHASE AGREEMENT



7.1 A purchase agreement for a particular sales object shall be considered concluded when the Seller notifies a particular bidder about the acceptance of their bid. Notice of acceptance of the bid shall be sent via email to the address of the user indicated in the registration form.

7.2 A user who has participated in the bidding in accordance with the provisions of Articles 4 to 6 of the GT and whose bid was accepted by the Seller for a particular object of sale, and whereby the purchase agreement for that object of sale is deemed to have been concluded, shall fulfill their obligation to pay the purchase price for the object of sale within 5 days of the delivery of the notice on the acceptance of their bid.

7.3 A user with whom a purchase agreement has been concluded for a particular object of sale can take over the object immediately upon payment of the purchase price in full, and is obliged to do so within 5 (five) working days from the day of notice about the acceptance of their bid. Upon paying the purchase price, they will be issued an invoice, and any other documentation required for the transfer of ownership rights over the purchased object will be submitted by the Seller.

7.4 If the user with whom the purchase agreement has been concluded for a particular object of sale fails to fulfill their obligation to pay the purchase price within the deadline specified in Art. 7.2 of the GT, it is considered that they have withdrawn from the agreement, and the purchase agreement shall be considered terminated, without the Seller's obligation to provide a subsequent appropriate deadline for the fulfillment of the obligation to the user/customer. In this case, the Seller shall have the right to claim from the user a lump sum payment due to the withdrawal from the agreement in the amount of 10% of the contracted purchase price for the object of sale.

7.5 The user's obligation to pay the purchase price shall be terminated if before the expiry of the date for payment of the purchase price referred to in item 7.2 of the GT, the user decides to conclude a leasing agreement with the Seller in which the value of the leasing object is equal to its sales price in accordance with item 8.4 of the GT, and if their application for financing through leasing is approved by the Seller. The Seller shall have no obligation to conclude a leasing agreement with the user.

8 CONTENTS OF THE PURCHASE AGREEMENT



8.1 A purchase agreement concluded between the Seller, as an entity authorized for the sale of the object, and the user, as a buyer, in regard to the sale and purchase of the object for which the user submitted a bid in accordance with the provisions of Articles 4 to 6 of the GT, shall include the provisions set out in the following items of this Article.

8.2 The object of purchase and sale is the object for which the user submitted a bid in accordance with the provisions of Articles 4 to 6 of the GT.

8.3 The Seller declares that they are authorized to sell the object.

8.4 The sales price of the object without VAT is equal to the amount of the user’s (customer's) bid achieved within one of the bidding models, whereby the user declared their will to conclude a purchase agreement in accordance with the provisions of Articles 3 to 6 of the GT. The sale price shall be considered paid only on the day of its deposit in full to the Seller's account.

8.5 Object delivery and handover shall take place immediately after payment by the user (customer) in full amount. The handover shall take place at the place of delivery of the object that corresponds to the actual storage location specified by the Seller in the Application along with other information about the particular object. If the user (customer) requests the delivery of the object elsewhere, in that case, they shall be obliged to ensure the transport of the object to the place and bear the costs of transport and insurance. If the user (customer) has a head office, permanent or temporary residence outside the Republic of Croatia, they shall be obliged to perform all of the activities related to the sale of the object abroad at their own expense (especially any customs and similar proceedings).

8.6 The user (customer) declares that they are familiar with the technical condition of the object as well as all its defects, and the fact that the sales price corresponds exactly to that condition of the object and that the user (customer) therefore buys the object as it is, and the Seller does not guarantee for his latent and visible defects nor do they give a guarantee of quality.

8.7 The user (customer) shall acquire the right of ownership over the object only upon payment of the entire sales amount to the giro account of the Seller. The risk of damage to the object shall pass to the user (customer) when taking over the object.

8.8 The Contracting Parties agree that all disputes arising from the legal relationships based on or in connection with the purchase agreement shall be settled before a competent court in Zagreb.

9 FINAL PROVISIONS



9.1 For legal relationships between the Seller, the interested parties, and the users who are not explicitly regulated by the GT, the legal regulations of the Republic of Croatia, in particular the Civil Obligations Act shall apply.

9.2 The User shall be obliged to notify the Seller in writing without delay of the change of their head office, permanent or temporary residence, phone number, email address, as well as any other changes to the company's information provided by the user in the registration application form, except in the case of a change of password.

9.3 Possible nullity, voidability, or incompleteness of certain provisions of the GT cannot result in nullity or voidability of the entire GT.

9.4 The interested party or user agrees that all of their data provided during registration may be forwarded by the Seller to the supplier and system administrator of the Application, Motrada Handels GmbH, with headquarters in Reisnerstraße 25/4, 1030 Wien, as well as entities belonging to the same group as the Seller or founders of the Seller.

9.5 All written or email messages that the Seller sends to the user, based on the GT or in connection with the GT, the Seller shall send to the address or email address of the interested party or the user specified on the registration application form or the address that the interested party or user provided in writing to the Seller. The day of delivery of written messages not sent by email shall be considered the day of receipt of a written correspondence by the interested party or user, i.e. the day of return of the correspondence by mail to the Seller due to the correspondence not being received by the interested party or the user within the deadline for the receipt of the correspondence, or because the interested party or user no longer maintains headquarters or residence at the address in question. Written documentation sent via email and all emails shall be deemed to have been delivered at the time they were sent to the email address of the interested party or user specified on the registration application form, or the email address that the interested party or user sent to the Seller in writing.

9.6 The Contracting Parties shall agree that the Seller has the right to amend the GT at any time. In that case, the new version of the GT shall be valid for the user from the day they receive the GT by mail or by email. The new version of the GT shall be binding for variants of the bid submissions in the Application in which the user participates after the delivery of the new version of the GT. If the user does not agree with the new version of the GT, they shall have the right to ask the Seller to cancel their registration. In the event that the user participates in one of the bidding models after the delivery of the new version of the GT, their participation shall be considered as an unconditional acceptance of the new version of the GT by the Seller.

9.7 The Contracting Parties shall agree that all disputes arising from the legal relationships based on, or in connection with, the GT shall be settled before a competent court in Zagreb. In all disputes arising from, or in connection with, the GT, the Croatian version of the GT shall be applicable for the judgment of the competent court.

9.8 By signing the registration application form or by ticking the check box, the interested party confirms that they are familiar with all the conditions of registration in the Application and that they have read the current version of the GT carefully and in full. By signing the form or by ticking the check box of the registration application, the interested party confirms that they understand the GT in their entirety, that they accept them unconditionally, and that they will comply with all provisions of the GT.

9.9 All information, including personal data, will be handled confidentially, processed electronically, and used in the agreement negotiation process and the agreement processing itself. All information is electronically protected, and the user information transmission is monitored exclusively according to the latest data encoding standards.

By entering personal data, the user agrees that their information will be used during the processing of the agreement, direct communication from articles 1.1.1 and 1.1.2 and for all other marketing and promotional purposes of the Seller.

The Seller shall not transfer the collected data to third parties not included in Article 9.4 without the written consent of the customer.

10 DATA SUBJECTS’ RIGHTS
INFORMATION ON PROCESSING OF PERSONAL DATA



10.1 Users of Erste & Steiermärkische S-Leasing d.o.o. services (hereinafter the “data subjects”) are presented and explained with the rights in connection with protection of their personal data processed by Erste & Steiermärkische S-Leasing d.o.o. (hereinafter the “data controller”) for the purpose of provision of registered services.

10.2 Introduction

The data subject submits personal data for the purpose of performance of a contractual obligation by the data controller and/or provision of registered services to the data subject. If the data subject fails to submit the requested, full and correct personal data, the data controller cannot perform its contractual obligation. The personal data is receipted at the time of conclusion of a contract or indication of interest for services or products including data contained in forms and contracts, data made available to the data controller through use of any product or service of the data controller itself, data provided to the data controller in personal, telephone, postal, electronic and other types of communications including all circumstances and facts which were made available to the data controller and facts learned by the data controller on the basis of performance of services and works involving the data subject or through publicly available sources. The personal data may also be collected from publicly available sources as well as from business partners who have the role of providers of objects of lease in financing as well as other business entities (e.g. an Erste Group member). In such cases the data controller shall provide the data subjects whose data has been collected the same information as if the personal data was received directly, specifically at the first subsequent contact.

The data controller shall allow public authorities the access to data subjects’ personal data only for the purpose and in the extent necessary to fulfill the obligations towards those bodies prescribed by the law. A data subject is entitled to withdraw the consent used as the basis for processing of his/her personal data. Withdrawal of the consent shall not jeopardize lawfulness of the processing based on that consent before it was withdrawn.

The data subject is entitled not to be affected by a decision, i.e. he/she has the right to contest a decision based only on automated processing, including profiling, which produces legal effects pertaining to him/her or which similarly significantly affect him/her.

10.3 Categories of personal data

Data subjects’ attention is drawn to the fact that personal data processed by the data controller consist of all data necessary to the latter in order to comply with all legal and contractual obligations towards data subjects, bodies of public authority and towards data controller stakeholders.

10.4 Right of access A data subject has the right to receive confirmation from data controller indicating if his/her data is being processed and, if such data is processed, the data subject has the right of access to that personal data as well as information on his/her rights.

10.5 Right to correction and erasure A data subject is entitled to request the data controller to correct or append incorrect and/or incomplete personal data. The data subject’s personal data shall be retained in the data controller’s system for the duration required to perform the registered activity of processing. The data subject has the right to obtain erasure of personal data concerning him/her by the data controller. The data controller shall erase the data subject’s personal data without undue delay if:
- personal data is no longer necessary in relation to the purpose for which it was collected or otherwise processed
- the data subject withdraws the consent for data processing and if there are no other legal grounds for processing
- the data subject objects to processing
- personal data is processed unlawfully
- if that is necessary to comply with European Union legislation or a Member State’s legislation

10.6 Right to restrict the processing The data subject is entitled to obtain restriction of the processing from the data controller if any of the following conditions are met:
- the data subject contests accuracy of personal data in a period allowing the data controller to verify accuracy of the personal data - the processing is unlawful and the data subject opposes erasure of the personal data and instead he/she requests restriction of its use - the data controller no longer needs the personal data for the purposes of processing, but the data subject requests it for the purpose of establishment, exercise or defense of legal claims - the data subject lodged an objection to processing expecting verification if data controller’s legitimate interests prevail over the reasons put forward by the data subject

10.7 Right to data portability

The data subject is entitled to receive personal data concerning him/her, which were provided to the data controller by him/her, and to freely transfer the data to another data controller. The data subject is entitled to direct data transfer between data controllers if that is technically feasible.

10.8 Notifications in cases of personal data breaches

In case of a personal data breach which is likely to cause high risk in relation to the rights and freedoms of an individual, the data controller shall notify the data subject, without unnecessary delay and in a clear and simple manner, about the personal data breach At the minimum, the breach notice shall contain:
- name and contact information of the data protection officer or another point of contact which may provide further information
- a description of likely consequences of the personal data breach
- description of the measure implemented or proposed by the data controller to address the issue of the personal data breach including mitigation of its possible harmful consequences if necessary


10.9 Request for exercising of the rights

At a request submitted by a data subject, the data controller shall provide all information related to the aforementioned data subject’s rights regarding protection of personal data within a month following receipt of the request. In cases of large numbers of submitted requests and/or their complexity, the data controller may extend the time-limit for a response to the data subject’s request by additional two months, and the data controller shall immediately notify the data subject accordingly and provide him/her a statement of reasons for the delay.

In cases of non-compliance with a data subject’s request, the data controller shall notify the data subject, without delay and at the latest within one month following receipt of the request, about reasons for its non-compliance and the possibility of lodging a complaint with the supervising body (the Croatian Personal Data Protection Agency). The data controller is authorized to request further information necessary to verify the data subject’s identity from the data subject for the purpose of responding to the data subject’s request.

Objections concerning processing of your personal data may be submitted to the data controller at the following address: Zelinska 3, Zagreb, Croatia or number +385 72 37 5010, and/or to the Data Protection Officer by sending an e-mail to osobni.podaci@ersteleasing.hr.

Information on the right to object under Article. 21 of the GDPR

The data subject has the right, on the basis of its specific situation, to submit an objection against processing of his/her personal data including an objection against development of a profile related to direct marketing as well as the direct marketing itself. A prerequisite for this is that there are grounds for the objection arising from the specific personal situation. If the data subject lodges an objection, the data controller is no longer allowed to process data subject’s personal data unless it proves existence of compelling legitimate reasons requiring protection of processing because they prevail over data subject’s interests, rights and freedoms or if the processing is used to prove, exercise or defend legal claims. An objection may be lodged without any requirement regarding compliance with a specific form and it should be sent, if possible, using the contact information set out in the preceding Article.

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GENERAL TERMS AND CONDITIONS OF PARTICIPATION IN THE AUCTION SALE OF USED LEASED OBJECTS FINANCED BY S-LEASING D.O.O. BELGRADE


These General Terms and Conditions of participation in the auction sale of used leased items financed by S-Leasing d.o.o. Belgrade (hereinafter "GTC") regulate the conditions and procedure of offering potential buyers the conclusion of a sales contract for items originally financed by S-Leasing d.o.o. Belgrade. Bidding for used items is done through the Internet application www.s-leasing.rs (hereinafter referred to as "the application") of the company S-Leasing d.o.o. Belgrade, headquartered in Belgrade, Bulevar Milutina Milankovića 3a, registration number: 102941384 (hereinafter referred to as "the Seller").

1. USER REGISTRATION


1.1. The authorization for bidding, participation in various variants of bidding, and for the application in full scope is given only to those potential buyers who register successfully, in accordance with the provisions of the GTC and in accordance with certain steps and procedures of the Internet application.

1.2. A person interested in using the application in full scope is obligated under the link "registration" to fill in all fields marked as obligatory, such as basic information about a legal entity, data on the person who is authorized on behalf of a legal entity to log in to the application and to bid, data on the person authorized to represent a legal entity, who at the same time confirms that he/she is familiar with the GTC and that he/she accepts them. A potential buyer is then obliged to print a fully completed application form for registration (in accordance with this and previous item), as well as a copy of the GTC, certified by seal and signed by a person authorized to represent, together with a copy of the decision from the Business Registers Agency of the Republic of Serbia sent by e-mail, and then by registered mail to the Seller's address. The potential buyer is responsible for the accuracy of all data specified in the application form. The potential buyer also bears responsibility for the confidentiality of the selected username and password, as well as for the prohibition of access to third parties. In case of doubt that a third party has information on the username or password, the Seller must be notified promptly, and the potential buyer, that is, the accepted user is obliged to change the password in the application. Responsibility for misusing the username or password is always borne by the potential buyer or the accepted user, so the actions taken by an unauthorized person who was enabled by the registered user in any manner, by taking, failing or missing out to take due care, to misuse the username and / or password are considered to be the actions taken by the registered user himself/herself.

1.3. The Seller checks the information given by the potential buyer in the registration form, which implies possibly obtaining financial, property and other data from state bodies such as courts, agencies, the National Bank of Serbia, etc. The Seller reserves the right not to accept a potential buyer as an application user without specifying the reason and without taking into account the

accuracy of the information specified by the potential buyer on the application form, as well as to set special conditions for accepting a user. A potential buyer has no legal basis to require the acceptance of his/her registration. The Seller informs a potential buyer on the result of the verification and eventual acceptance of the registration request via e-mail. If a potential buyer is accepted as a new user, he/she can register immediately after receiving the notification under the username and password that he/she specified in his/her application for registration. The Seller's accepted new user of the application is further called the "user". After accepting his/her application for registration, the user is authorized to select additional usernames and passwords in the application, up to the number specified by the Seller.

1.4. The Seller has the right to terminate the registration of users, or temporarily or permanently restrict the right of the user to submit bids, if the user fails to fulfill his obligations from the GTC or the sales contract that is concluded in accordance with the provisions of Articles 7 and 8 of the GTC or if the user does not participate in one of the variants of bidding. Such exclusion or limitation of the rights of the user to submit offers does not affect the work that the user has concluded by that moment or the offers he/she has submitted, so the user is still obliged to fulfill his/her obligations under the GTC. The Seller also reserves the right to exclude a user from ongoing bidding procedures in the application without explanation.

2. ITEMS OF SALE


2.1. Users submit their bids as a sign of free will and unconditional willingness to conclude a sales contract for the items financed by the Seller.

2.2. The Seller is authorized to sell the items as their owner.

2.3. Items of sale are mainly passenger and freight vehicles, but also various types of machinery and equipment. Individual descriptions of items, information about their condition, possible defects and damages, place of storage, photos, price, and other information are published by the Seller in the application besides the subject in question. The photos, item descriptions and assessments published by the Seller in the application are solely informative and do not constitute a basis for determining the actual state and technical characteristics of the item. The only reliable way of determining the actual condition of a sales item, its properties and any defects or damages is a personal, visual overview of the item of sale at the place of storage by the tenderer, and before submitting the offer for the purchase. The Seller does not take responsibility for the impression of the sales item that the bidders have gained or the conclusions they have made on the basis of the documents and information published in the application, which may possibly deviate from the actual condition of the sale item, so the user has no rights towards the Seller, especially not regarding damages in the event of the cancellation of the sales contract, the non-payment of the selling price, or the request for a reduction in the selling price of the item.

2.4. By signing this GTC, the bidder-buyer unambiguously confirms that he is aware of the fact that the Seller has enabled to each bidder to check, at his/her own expense, the sales item, to get acquainted with its specification, properties, technical condition, possible defects and damages, as well as the design of the item, and to check all information about the item published by the Seller. If the bidder does not exercise his / her right to personal inspection and check of the specification of the sale item, its properties, technical condition, possible defects and damages, and the design of the item, he/she confirms by submitting the bid, that the item meets all conditions, that is, it has all the required properties for which reason he/she buys it as is, while not using the right to personal inspection and verification of the specification does not give him/her the right to withdraw from the sales contract or the possibility of exemption from the obligation to pay the contracted fee for withdrawal from the contract referred to in Article 7.4 of this GTC. According to the contract, the bid of the user in one of the variants of bidding means that the bidder fully and unconditionally accepts the specification, properties, technical condition, possible defects and damages, and the design of the selling item for which he has submitted the bid, and confirms that the description published by the seller in the application matches the actual sales item status.

2.5. From the above-mentioned items, especially from item 2.1, it follows that sales items are always used items, and therefore, after selling them, the Seller is not liable to buyers for visible or hidden material defects and possible damages on the item, nor gives any guarantee, and buyers buy individual items as they are, as seen (seen-bought). The selling price of the item achieved in one of the variants of participation and bidding is the total price of the item which the buyer obliged to pay the Seller, and it is defined in accordance with the state of the item of the sales contract.

3. VARIANTS OF PARTICIPATION AND BIDDING BY THE BIDDER


3.1.Variants in which the users in the application submit their offers in sign of readiness to conclude a sales contract are "auction", "buy now" and "open bid".

4. AUCTION


4.1 In the case of an auction item, the seller publishes in the application the initial selling price of the item, the duration of the auction, and the minimum allowable rate of increase in the bid. When one of the users bids for a sales item, the application also shows the current bid for the sale item.

4.2 Participation in the auction is possible only under the condition of the user logging in to the application and submitting the bid. The user gives his/her offer of purchase price in the amount of the maximum amount he/she is ready to pay at that moment for the sale item. The "Auction" application works according to the so-called auction agent principle, which means that only the user knows the amount of his/her maximum bid, whereby his/her actual offer of the purchase price can outstrip the largest competitive bid always in the amount of the minimum allowable bid increase. The current purchase price offer by the user automatically increases in the event of an increase in the competitive bid until the actual purchase price offer by the user reaches the amount indicated by the user as the maximum amount that he/she is willing to pay at that point.

4.3. When the maximum bid amount of one of the users becomes lower than the competing maximum bid amount of another user (i.e., the user is outdone), the outgoing user is immediately notified directly in the application or via e-mail.

4.4 The user who participated in the sale item auction and whose offer was accepted by the Seller and who was informed about that by the Seller concludes the sales contract for that sales item. The Seller can accept the bid of the user who offered the highest price before the end of the auction, assuming that the user's best bid minimally matches the amount of the initial selling price of the item. If the user / the best bidder breaches his/her obligation to enter into a single sales contract for the sale item, that is, from the sales contract, the Seller has the right to conclude a sales contract with the bidder who offered the next best bid, that is, the Seller can declare the auction unsuccessful.

The seller can declare the auction unsuccessful and / or reject the bid of one or all users without a special explanation.

5. BUY NOW


5.1 The "buy now" variant takes place exclusively as part of the auction, whereby the seller in addition to the data specified in the item. 4.1 of the GTC also announces the selling price for which the item can be purchased immediately.

5.2 Participation in the "buy now" option is possible only under the condition of the user logging in to the application and his/her statement - intention to buy a sales item at the price specified by the Seller as the price at which the item can be purchased immediately. Upon the receipt of the first such statement – intention by some user, the auction ends and "buy now" becomes effective. The individual sales contract for a sales item is concluded with the user who first gave a statement of intention to purchase the sales item at the price specified by the Seller as the price at which the item can be purchased.

5.3 If one of the users offers a price that is greater than the initial selling price of the item before another user delivers his statement of intention to buy according to 5.2 of the GTC, "buy now" is considered completed.

6. OPEN BID


6.1 With the "open bid" option, the seller announces the initial selling price of the item and the duration in the application. The published initial selling price of the item for the user has only informative meaning.

6.2 Participation in the "open bid" option is possible only under the condition of the user logging in to the application and submitting the bid for the purchase of the sale item. The user has the right to indicate a lower price than the starting selling price of the item in his/her offer.

6.3 The user who participated in the "open bid" variant for the sale item and who was invited by the Seller to conclude a sales contract, that is, whose bid was accepted by the Seller and who was informed about that by the Seller, shall conclude the individual sales contract for a sales item. The Seller is entitled to conclude a sales contract by accepting a bid with any bidder-user from the "open bid" variant or declaring "open bid" unsuccessful.

7. CONCLUSION OF THE PURCHASE CONTRACT


7.1 A sales contract for a particular sale item shall be deemed concluded at the moment when the Seller informs a particular bidder about accepting his/her bid. The notice of acceptance of the bid is sent by e-mail to the address of the user specified in the registration form, while in the attachment to this notice, the buyer will be provided with a pro forma invoice for the payment of the agreed price.

7.2 The user who, in accordance with the provisions of Articles 4-6 of the GTC has participated in the auction and whose bid is accepted by the seller for a particular sale item, by which the sales contract is considered concluded, is obliged, within 3 days from the delivery of the notice on the acceptance of his/her bid and the accompanying pro forma invoice, to fulfill his/her obligation to pay the full amount of the purchase price for the sale item. The retail price is expressed in EUR and is paid in dinars at the exchange rate on the day of payment. The calculation course will be indicated next to the auction item in the application and the sales contract.

7.3 The user with whom the sales contract for a particular sale item has been concluded can take that sales contract immediately after paying the purchase price in full, is obliged to do so within 3 working days from the day when he/she was informed about the acceptance of his/her bid / submission of the budget. With the expiration of the deadline for taking over the purchase item, the risk of accidental destruction of the item passes entirely to the buyer, who is obliged to pay the Seller or a third party which sells the item all the costs of storing the item until the moment of its takeover by the buyer. Upon paying the purchase price, the buyer will be issued an invoice and other necessary documentation for the transfer of ownership of the purchased item by the Seller. The contracting parties shall also sign a formal Sales Contract.

7.4 Since the agreement of the parties' willingness to fulfill the obligation of the buyer to pay the selling price within the deadline is an essential element of each individual sales contract, if the user with whom the sales contract for a particular sale item has been concluded does not fulfill his/her obligation to pay the purchase price within the deadline specified in item 7.2 of the GTC, he shall be deemed to have renounced the contract, and the sales contract shall be considered terminated, without the Seller's obligation to leave the user/buyer a subsequent corresponding deadline for fulfilling the obligation. In this case, the seller has the right to claim from the user the contracted fee for the withdrawal from the contract in the amount of 10% of the agreed purchase price for the sale item.

7.5 Obligation of the user to pay the sale price, with the consent of S-Leasing d.o.o. Belgrade may terminate in case the user, before expiry of the deadline for payment of the purchase price stated in item 7.2 of the GTC decides with the Seller to conclude a financial leasing contract for the subject of the sale, according to the amount of financing identical to the selling price in accordance with item 8.4 of the GTC, and this obligation may cease only if the request for financing through financial leasing is approved, in accordance with the procedures of S-Leasing d.o.o. Belgrade. In the event that financing is not granted, the buyer is obliged to pay the entire purchase price within 3 days from the date of receipt of the notification of refusal.

The Seller has no obligation to enter into a financial leasing agreement with the user.

8. CONTENT OF THE SALES CONTRACT


8.1 A sales contract concluded by the Seller as an entity authorized for the sale of the item with the buyer related to the sale of the item for which the user has submitted a bid in accordance with the provisions of items 4-6. of the GTC includes the provisions stated in the following items of this Article, with which the buyer fully and unconditionally agrees by signing this GTC.







9. FINAL PROVISIONS


9.1 The laws of the Republic of Serbia, and especially the Law on Obligations, apply to the legal relations between the Seller and users which are not explicitly regulated in the GTC.

9.2 The user is obliged to notify the Seller in writing without delay of the change of his headquarters, domicile or place of residence, telephone or fax number, e-mail address, as well as any other changes of the company's data specified by the user in the application form, except of the change of password.

9.3 Possible nullity, obfuscation or incomplete provisions of the GTC cannot result in the nullity and obfuscation of the entire GTC.

9.4 The user agrees that all of his/her information submitted at the time of registration can be forwarded to the supplier and system maintainer of the application, the company Motrada Handels GmbH, headquartered in Reisnerstraße 25/4, 1030 Vienna, as well as to the subjects belonging to the same group as the Seller, that is, the founders of the Seller.

9.5 All the letters or e-mails that the Seller sends to the user on the basis of the GTC or in relation to the GTC the seller sends to the address or e-mail address of the user indicated on the application form for registration, that it, to the address that the user submitted to the Seller in writing. The day of delivery of written items not sent by e-mail is the day of acceptance of written delivery by the user, that is, the day of the return of the delivery by mail to the Seller for the user’s not taking the delivery within the deadline for the takeover of the delivery, or because the user no longer has a seat or does not reside at the indicated address. Written documentation sent via e-mail and all e-mails are considered to be delivered at the time of their sending to the e-mail address of the user indicated on the application form for registration, that is, to the e-mail address submitted in writing by the user to the Seller.

9.5 The contracting parties agree that the seller is entitled to change the GTC at any time. In this case, the new version of the GTC is valid for the user from the day of delivery by mail or by e-mail. The new version of the GTC is binding for the variants of bidding in the application in which the user participates after the delivery of the new version of the GTC. If the user does not agree with the new version of the GTC, then he/she has the right to ask the seller to cancel his/her registration. In the event that the user participates in one of the variants of bidding after the delivery of the new version of the GTC, then the Seller considers his/her participation to be unconditional acceptance of this new version of the GTC.

9.6 By signing the application form, the user confirms that he/she is familiar with all the conditions of application registration and that he/she has read the valid version of the GTC in its entirety. By signing a registration form, the user confirms that he/she understands the GTC in its entirety, accepts it unconditionally, and complies with all of its provisions.

9.7 Only those interested parties that have the status of a legal entity or entrepreneur shall be accepted as users.

9.8 If the subject of leasing is the property of a person from another country from a group of vendors, the user is obliged to get acquainted with and accept the rules and GTC of the owner in order to be able to get a bid. The Seller checks the information the interested party has indicated in the registration form. The Seller reserves the right not to accept the interested party as an application user without specifying the reasons and without taking into account the accuracy of the information that the interested party has indicated in the application form, as well as to set specific conditions for accepting a user. The interested party has no legal basis to require the acceptance of its registration.




For S-Leasing d.o.o. Beograd                                          Za ________________ d.o.o. __________




General business conditions for the sale of movable property funded by S Slovensko spol. s r.o., with registered seat at Tomášikova 17, 821 02 Bratislava – municipal part Ružinov, Company registration number: 35 812 419, entered into Companies register of District court Bratislava I, Section: Sro, Insert no.: 24134/B


The general business conditions and terms stipulate the method of sale of items and the participation in Electronic Auction of S Slovensko spol. s r.o. company, with registered seat at Tomášikova 17, 821 02 Bratislava – municipal part Ružinov, Company registration number: 35 812 419, entered into Companies register of District court Bratislava I, Section: Sro, Insert no.: 24134/B (hereinafter referred to as the „Seller“). This Electronic auction of the Seller (hereinafter referred as the „Auction“) is carried out in form of business public tender for the most appropriate proposal for the conclusion of agreement on the purchase of items pursuant to § 281 et seq. of Act no. 513/1991 Coll. of Commercial Code as amended and pursuant to the general business conditions (hereinafter referred as the „GBC“).

1. Registration of the parties interested in participation


1.1. Only the parties interested and registered through www.ersteleasingstore.com website in compliance with these GBC are entitled to submit a bid in the Auction, to purchase items in specific forms of the Auction and to participate in the Auction.

1.2. The party interested in participation means (i) a person entered into Companies register, a person carrying out business by virtue of a trade license, or a person carrying out business by virtue of a license other than the trade license pursuant to special regulations, a natural entity carrying out agricultural production and is registered in the register pursuant to a special regulation and (ii) who wishes to register through www.ersteleasingstore.com website (hereinafter referred to as the „Erste store“) and who wishes to participate in the Auction.

1.3. The party interested in participating in the Auction is obliged to fill in all blank fields marked as mandatory of the registration form to which the party interested will be redirected by means of internet link „REGISTRATION“. The party interested is obliged to also provide basic information, specifically the business name of the company, respectively name of the company, under which the party interested carries out legal acts in the course of the business activities, venue of business or registered seat, Company registration number name of the person authorized to act on behalf of the interested party (and that is the name and surname of statutory body acting on behalf of the party interested as a legal entity, or name and surname if the party interested is a natural entity acting in person, or name and surname of a representative acting on his/her behalf).   By registering at the Erste store the party interested confirms that he/she has read GBC and agrees with the content and wording. The party interested is obliged to set a signature to printed and filled in registration form and GBC of the person authorized to act on behalf of the party interested and to send it with the extract from the relevant Companies register or other register pursuant to paragraph 1.2. of these GBC to the address of the registered seat of the Seller. The party interested is liable for the correctness of data filled in the registration form and is liable for all fees related with the registration on Erste store .

1.4. During the registration, the interested party is obliged to select the user name and login password (hereinafter referred to as the „login data“), which the party interested will use when logging to Erste store. The login data for the system of internet auctions are confidential and the party interested is obliged to keep the data confidential and he/she is not entitled to provide any third parties with this confidential data. The party interested is obliged to forthwith inform the Seller in writing to the Seller´s registered seat address about any suspicion on login data misuse. The Seller is entitled to change the login data of the party interested and inform the party interested about this fact in writing to the address entered in the registration form or by means of an e-mail stated in the registration form. The party interested is liable for the damage caused as a consequence of the login data misuse.

1.5. The Seller is entitled to check and verify the correctness of the data in the registration form together with the other documents received pursuant to paragraph 1.3. of these GBC. The party interested has no legal right to register to Erste store. The Seller is entitled to refuse the registration of the interested party to Erste store, without giving a reason, regardless of the correctness of the filled in data in the registration form. The Seller is entitled to ask the party interested to comply with additional conditions for the registration of the party interested, which are not stipulated herein. The Seller is not liable for the damage incurred by the party interested due to a refused registration. After verifying and checking the registration form as well as other documents received pursuant to paragraph 1.3. of these GBC, the Seller shall notify, by sending an e-mail, the party interested about the registration of the party interested to Erste store. If the party interested is successfully registered as a new user (hereinafter referred to as the „User“), the User is entitled to forthwith login to Erste store by means of login data. The User is entitled to change his/her login data to Erste store anytime.

1.6. In the event the User violates any of these provisions stated herein, the Seller is entitled to temporarily or permanently terminate the User´s registration without giving a reason or to suspend the User´s access or otherwise restrict the User´s access to Erste store. The restriction pursuant to the previous sentence does not affect any of the acts of the User under these GBC, in particular the submission of the bid, which the User has made prior the restriction. In such a case, the User is obliged to proceed in accordance with these GBC.

2. Items for sale


2.1. By submitting the bid, the User demonstrates his/her true, free and serious will to purchase the item for sale through the auction on Erste store, offered by the Seller through Erste store.

2.2. The Seller has the ownership right to the item of the sale and he is entitled to put the item for sale pursuant to valid generally biding legal provisions.

2.3. The subject of the sale is movable property, especially agricultural machinery and other vehicles and equipment thereto. The Seller shall publish the description of specific items, their state, eventual defects, faults and/or damages, storage place and photographs, payment conditions and financial conditions and other conditions and information next to specific items for sale on Erste store. The photos and description of the items for sale published by the Seller on Erste store represent only a non-binding, visual estimate of the item for sale and are not binding for the determination and technical description of the item for sale. The User may see and obtain the actual technical status of the item for sale, its designation, its components, eventual mistakes, malfunctions or damage at the place of storage of the item prior to the auction at his own expense. The Seller is not liable for the information , which the User obtains through the data published on Erste Store, which may differ from the current technical state of the item for sale. In case the information concerning the item for sale pursuant to the first sentence of this paragraph fails to correspond to the actual technical condition of the item for sale, the User is not entitled to withdraw from the purchase agreement, to terminate the purchase agreement and the User is not entitled to receive a discount from the purchase price.

2.4. The Seller will provide the User with information about the place, where the item for sale is stored and will allow the User, at the User´s expense, to verify all the item´s specifications, description, actual technical status, all eventual defects, faults and damage as well as design of the item for sale and verify all the information about the item for sale stated by the Seller on Erste store. If the User fails to verify the item´s status for sale pursuant to the first sentence of this paragraph, the User is not entitled to withdraw from the agreement, terminate the agreement, the User is not entitled to a discount from the purchase price. By participating in the auctions and by submitting bids pursuant to these GBC the User demonstrates his/her real, free and serious will to buy the item for sale and to enter into purchase agreement; furthermore the User represents that he he/she is well aware of the technical status of the item for sale, its eventual defects, faults or damage and that all defects and faults were disclosed to him by the Seller. Moreover, the User represents that the information disclosed by the Seller on Erste store corresponds to the actual technical state of the item for sale. At the same time, the User purchases the item in a state “as it stands and lies”.

2.5. All the items for sale offered by the Seller on Erste store are second-hand and have been previously been used and funded by the Seller. The Seller is not liable for the quality of the item for sale and does not provide the Purchase with warranty for the items for sale, nor during further sale to third parties. The User acquires the items for sale as they stand and lie. The purchase price of the item for sale, determined by virtue of the auction in compliance with these GBC and agreed in accordance with the offer carried out pursuant to these GBC, represents the purchase price, which is usual at the time and place of the sale and takes into account the state of the item for sale at the time of the sale.

3. Participation in the auctions and forms of submitting the drafts for concluding agreement


3.1. The User may participate in the auction and submit bids for concluding agreements through Erste store in compliance with these GBC in the form of “auction”, “purchase immediately” or “open bid”. Regardless the form of the auction pursuant to the previous sentence, by participating in the auction and submitting proposal for the conclusion of agreement the User demonstrates his/her real, free and serious will to purchase the item for sale through the auction on Erste store, which is offered by the Seller through Erste store.

4. Participation in the auction and submission of bids for the conclusion of the agreement in form of the „Auction“


4.1. The Seller will announce, in form of the auction, the initial price of the item for sale, the duration of the auction and the minimal amount of the price by which the User may increase the purchase price if the item for sale in the auction (hereinafter referred to the “minimum additional amount”). Each price increase of the item for sale and the current price of the item for sale are published at Erste store for all users who have participated in the auction.

4.2. Users may participate in form of an “Auction” by logging to Erste store and participating in the auction by means of a submission of a bid for the purchase price. The User will submit the highest bid for the purchase price for which the User wishes to purchase the item for sale. The auction takes place on the so-called principle of an auction agent, which means that only the Users know their highest bid for the purchase price of the item for sale, while the current price of the item for sale will be increased by the minimum additional price every time the current purchase price is increased by another User or every time the minimal additional price is added. Each increase in the current price of the item for sale increases the current bid of the User for the purchase price of the item for sale and that until the moment when the current bid of the user for the purchase price reaches the amount of the highest bid for the purchase price, for which the User wishes to purchase the item for sale. The price of the auctioned item is always increased by the minimum additional price when another User joins the auction and submits a higher bid for the purchase price or every time another minimum additional price is added.

4.3. The Seller will immediately notify the User, through Erste store or by sending an e-mail, when the User´s highest bid for the purchase price is lower than the current price of the item for sale.

4.4. The Seller will enter into the purchase agreement with the User who participated in the auction and whose bid for the purchase price has been accepted by the Seller and the Seller notified the User about these facts. The Seller accepts the User´s bid, whose current bid for the purchase price equals to the current price for the item for sale at the time of terminating the auction and at the same time the price is higher or at least equals to the initial price of the item for sale. In the event the User fails, pursuant to the above stated, to conclude the purchase agreement with the Seller or otherwise violates the provisions of the purchase agreement or the provisions stipulated herein the Seller will conclude the purchase agreement with another User who participated in the auction or the Seller declares the auction as unsuccessfully terminated, thus the Seller has no obligation to sell the item for sale to any User.

5. Participation in the auction and submission of bids for the conclusion of the agreement in form of the „Purchase immediately“


5.1. The User may carry out this form of the auction only as part of the auction, if the Seller, in addition to the information pursuant to paragraph 4.1. of these GBC, indicates the purchase price for which the item for sale may be purchased immediately without the procedure of the auction.

5.2. The Users may participate in the auction in form of “Purchase immediately” by logging to Erste store and declaring the interest to purchase the item for sale for the price published by the Seller as the price for which the item may be purchased immediately. Having delivered the declaration of interest to purchase the item for sale to the Seller the User who had made the declaration is obliged to conclude the purchase agreement with the Seller. The Seller shall enter into the purchase agreement with the User, whose declaration of interest to buy the item for sale had been delivered to the Seller at first place. In the event the User fails to conclude the purchase agreement with the Seller pursuant to the previous or otherwise violates the provisions of the purchase agreement or provisions stipulated herein, the Seller shall conclude the purchase agreement with a different User participating in the auction in form of “purchase immediately”, or the Seller declares the auction as unsuccessfully terminated, thus the Seller has no obligation to sell the item for sale to any User.

5.3. In the event the User, before another user has delivered to the Seller a declaration of interest to purchase the item for sale, the User shall submit to the Seller a higher purchase price for sale compared to the price for which the item can be purchased immediately, in compliance with paragraph 5.2. herein, the auction in form of immediate purchase shall be deemed as valid, and the Seller is entitled to conclude the purchase price with the User whose bid for the conclusion of the purchase price exceeds the price for which the item may be purchased immediately.

6. Participation in the auction and submission of bids for the conclusion of the agreement in form of the „Open bid“


6.1. By “open bid” form, the Seller will publish the initial price for the item for sale and the duration of this auction all at the same time. The published initial price is not binding for the conclusion of the purchase agreement and serves only for informative purposes.

6.2. The Users may participate in the auction in form of “open bid” after logging to Erste store and submitting bid for the purchase price of the item for sale, which may also be lower than the published initial price.

6.3. The Seller shall conclude the purchase agreement with any User who participated in the auction in form of “open bid”, regardless the amount of the User´s bid for the purchase price of the item for sale or the Seller declares the auction in form of “open bid” as unsuccessfully terminated, thus the Seller has no obligation to sell the item for sale to any User.

7. Purchase agreement conclusion


7.1. The purchase agreement shall be deemed as concluded at the moment when the Seller accepts bid of the specific User pursuant to paragraphs 4. – 6. of these GBC. The Seller shall inform the User about the fact of having accepted the User´s bid by sending an e-mail stated inside the registration form.

7.2. The User whose bid has been accepted by the Seller pursuant to paragraph 7.1. herein (hereinafter referred to as the “Buyer”) is obliged, no later than [•] days from the day of delivery of the notice that the Seller had accepted the User´s bid, to pay the purchase price for the item for sale.

7.3. The Buyer, with whom the Seller concluded the purchase agreement, is obliged to take over the item for sale after having carrier out the payment of the purchase price, but no later than [•] days as from the day of delivery of the notice that the Seller had accepted the User´s bid to pay the purchase price for the item for sale, but only after the Buyer pays up the full price for the item for sale. After the purchase price is paid up, the Seller shall issue an invoice and send the invoice with the purchase agreement together with other documents necessary for the transfer of the property to the Buyer. The purchase agreement shall be signed by the Buyer and the Seller.

7.4. In the event the Buyer fails to pay the purchase price within the time period pursuant to paragraph 7.2. herein, such failure shall be deemed as a serious violation of contractual conditions and the Seller is entitled to withdraw from the agreement without giving the Buyer any extra time for the fulfilment. If this is the case, the Buyer is obliged to pay a contractual fine in the amount of 10 % from the agreed purchase price.

7.5. The Buyer is not obliged to pay the purchase price in the full amount if the Buyer and the Seller agree, prior to the lapse of the time period to pay up the purchase price pursuant to paragraph 7.2. of these GBC, to enter into Lease agreement of the movable property (Lease agreement), or to conclude any other method of funding the item of the purchase offered by the Seller. In such case, the relationship between the Buyer and the Seller is governed pursuant to legal provisions and procedures of the Seller, which are usual for the given type of funding in other similar cases of such funding acknowledged by the Buyer who at the same time declares to have been informed about it in advance. The Seller is not obliged to provide the Buyer with the possibility of funding the purchase price pursuant to the previous sentence.

8. Content of the Purchase Agreement and its particulars


8.1. The Purchase Agreement entered into between the Seller and the Buyer in compliance with these GBC includes mainly the particulars of a purchase agreement pursuant to Act no. 513/1991 Coll. of Commercial Code and takes over the provisions stipulated in this part of GBC.

8.2. The subject of the purchase in the Purchase agreement is the item for sale offered by the Seller for sale in compliance with paragraphs 4. – 6. herein.

8.3. The Seller represents to be the owner of the item for the purchase and that the Seller is entitled to sell the item of the purchase, i.e. transfer the ownership right.

8.4. The Purchase price is determined according to the Seller´s proposal to conclude the agreement through Erste store in form of the “auction”, “purchase immediately” or “open bid” pursuant to these GBC and in compliance with the procedure under paragraphs 4. – 6. of these GBC. The purchase price is deemed to have been paid on the day when the full amount is credited to the Seller´s bank account.

8.5. The Buyer is entitled to take over the subject of the purchase only after having paid the full amount of the purchase price at the venue where the item of the purchase is currently located, i.e. venue published on Erste store as a venue where the item is located. The venue pursuant to the previous sentence is the venue of taking over the item of the purchase. In the event the Buyer wishes to deliver or move the subject of the purchase to a place other than the place of takeover, all costs related to such delivery, the risk of damage or loss shall be borne by the Buyer, as well as all eventual fees and duties in case of moving the item of the purchase abroad.

8.6. The Buyer represents that he/she is well acquainted with the technical condition of the item of the purchase, that the Buyer has been notified about all known defects, faults and damage and that the Buyer has verified all the information related to the item of the purchase, which was published by the Seller on Erste store, and the Seller is not liable for any (nor hidden) defects and the Seller does not grant any warranty for the item of the purchase.

8.7. The Buyer acquires the ownership right to the item of the purchase after having paid the full amount of the purchase price. The risk of damage on the item of the purchase passes to the Buyer at the moment of the takeover.

9. Final provisions


9.1. Legal relations not stipulated in these GBC shall be governed by generally binding legal provisions of the Slovak republic.

9.2. The party interested in participating in the auctions /User/Buyer is obliged to forthwith inform the Seller about all changes, which the party interested in participating in the auction / User/Buyer had stated in the registration form or on Erste store (except for the change in login password), and that in writing or by e-mail, otherwise the party interested in participating in the auction / User / Buyer is liable for all damage resulting therefrom as well as all costs incurred by the Seller in this respect.

9.3. The party interested in participating in the auction / User / Buyer agrees so that the Seller provides third parties through which the Seller secures functionality and stability of Erste store within the agreed scope as well as other third parties cooperating with the Seller, provided that such third parties are eligible to secure the protection of confidential information against misuse with all the information related to the party interested in participating in the auction/ User / Buyer, eventually information related to third parties who are in contractual relationship with them and which the Seller acquired from them, including the information subject to business secret pursuant to Commercial Code, information subject to protection under Personal Data protection Act, as well as any other information related to the activity of the party interested in participating in the auction / User / Buyer, eventually third parties who are in contractual relationship with the party interested in participating in the auction / User / Buyer.

9.4. The Seller shall send all written consignments and e-mails, pursuant to or by virtue of these GBC, to the address of the registered seat or e-mail address stated in the registration form or to another address stated by the party interested in participating in the auction / User / Buyer to the Seller pursuant to paragraph 9.2. of these GBC. Written consignments sent to own hands shall be deemed as delivered on the day when the party interested in participating in the auction / User / Buyer receives the consignment in question to his/her sphere of influence, otherwise on the day when the party interested in participating in the auction / User / Buyer refuses to take over the relevant consignment, or on the third day from the day of storing the consignment at the post office at the agreed address, and that even if the party interested in participating in the auction / User / Buyer had not been acknowledged about the consignment or had not been present at the place of delivery. Other consignments in writing shall be deemed as delivered on the day when the party interested in participating in the auction / User / Buyer receives the relevant consignment, otherwise on the fifth day after the shipping, provided that the Seller has sent the consignments to the agreed communication address even if the party interested in participating in the auction / User / Buyer had not been acknowledged about the relevant consignment in writing or had not been present at the place of delivery. If the communication address is not specifically agreed, the registered seat or place of business of the Lessee entered into the relevant register shall be deemed as the communication address. Electronic messages shall be deemed to have been delivered on the day of sending the message to e-mail address stated in the registration form or any other e-mail address, which the party interested in participating in the auction / User / Buyer announced to the Seller pursuant to paragraph 9.2. of these GBC.

9.5. The Seller is entitled to unilaterally carry out changes to these GBC depending on the changes of the relevant legal provisions, his business policy or by virtue of other reasons conditioned by decisions made by the management of the company. The Seller shall publish the change on Erste store along with its validity and effectiveness. For this purpose, the provided information concerning the changes in GBC through electronic form by sending an e-mail shall be deemed as in writing. If the party interested in participating in the auction / User / Buyer does not agree with the change, party interested in participating in the auction / Use / Buyer is obliged to inform the Seller in writing about his/her disapproval and to ask the Seller to cancel the registration. In the event the party interested in participating the auction / User / Buyer voluntarily participates in the auction after having carried out the changes in GBC, it is understood as consent with these changes without any objections.

9.6. The Seller and the party interested in participating in the auction / User / Buyer undertake to solve eventual disputes preferentially by virtue of an agreement. The Seller and the party interested in participating in the auction / User / Buyer agreed that in the event of any kind of dispute arising out of this relationship as well as out of all subsequent legal relationships between the Seller and the party interested in participating in the auction / User / Buyer and that including these GBC, such disputes will be settled in arbitration proceedings of the Slovak Chamber of Commerce and Industry in Bratislava. The arbitration procedure shall be in compliance with the applicable law on arbitration procedure and pursuant to basic internal provisions of Arbitration Court of the Slovak Chamber of Commerce and Industry in Bratislava. The arbitration senate shall be composed of one arbitrator appointed by the President of the Arbitration Court of the Slovak Chamber of Commerce and Industry in Bratislava by virtue of an agreement between the Contracting parties. The proceedings at the Arbitration Court of the Slovak Chamber of Commerce and Industry in Bratislava will be held in the Slovak language and in compliance with the law of the Slovak republic. The costs of the proceedings will include the remuneration for the arbitrator according to the tariff of the arbitration proceeding fees of the Arbitration Court of the Slovak Chamber of Commerce and Industry in Bratislava. The Seller and the party interested in participating in the auction / User / Buyer represent to voluntarily and without any objections accept the resolution made by the Arbitration Court. The Arbitration resolution is for the Seller and the party interested in participating in the auction / User / Buyer decisive, final and enforceable. A Party who fails to reach the full success in the proceedings shall pay the other party all costs and expenses of the proceeding including costs of legal representation; in case of partial success, the refund will be adjusted accordingly.

9.7. The auction is not governed by Act no. 527/2002 Coll. on voluntary auctions and amending Act of the National Council of the Slovak republic no. 323/1992 Coll. on notaries and notarial activities (Notarial Act) in wording of later regulations; nor by Act no. 99/1963 Coll. Civil Procedure Code, Part VI, heading IV („Sale of movable property and real estate“) and these laws are not to be applied to the auction. If these general business conditions contain terms, which are identical or similar to the terms stipulated in these legal provisions they only have a working meaning for the purpose of the auction.

9.8. The party interested in participating in the auction / User / Buyer by virtue of his/her signature or by ticking the relevant box on Erste store, declares that he/she has thoroughly been acknowledged with these GBC, understood the content and agrees with the content without objection.

9.9. These GBC apply to the Seller´s auctions on the territory of the Slovak republic and shall be governed by generally binding legal provisions on the territory of the Slovak republic. In the event the party interested in participating in the auction /User / Buyer participates through Erste store in the auction of a different Seller with registered seat outside the territory of the Slovak republic, such auction is subject to GBC of the different Seller with registered seat outside the territory of the Slovak republic and will be governed by legal provisions stipulated by GBC of a different Seller with registered seat outside the territory of the Slovak republic.