STANDART FORM SERVICE AGREEMENT
UAB "EUROCARS"
Tolminkiemio g. 11-70
LT-06210, Vilnius
ID 305833262
TAX LT100014237213
Paysera LT, UAB
IBAN: LT393500010014179276
SWIFT: EVIULT2VXXX
This Public Agreement (hereinafter referred to as the “Agreement”) defines the general conditions (in accordance with §305 paragraph 2 of the Civil Code of the Federal Republic of Germany) and the procedure for the provision of services by the website "https://telecars.eu" and all its subdomains to support transactions for the sale and purchase of cars at auctions (hereinafter referred to as "Services") for legal entities or individuals (hereinafter referred to as "Buyer").
1.1. These General Terms and Conditions govern the rules for using the Russian and English language versions of https://telecars.eu website and all its subdomains. Certain functions and additional options are not available for all services, or access to them requires registration by creating an account on https://telecars.eu or on any of its subdomains.
Arnas Muzikevicius
(https://telecars.eu)
Tolminkiemio g. 11-70
LT-06210, Vilnius
TAX LT100014237213
The Seller's side to the Agreement with the Buyer in the Agreement will hereinafter be referred to as EUROCARS.
The Buyer’s side to the Agreement: consumer (an individual entering into a legal transaction without commercial benefit, in accordance with §13 of the German Civil Code) or a legal entity (an entrepreneur in accordance with §14 of the German Civil Code) who has accepted these terms and conditions and registered on the EUROCARS’ website https://telecars.eu or on any of its subdomains.
1.3. The https://telecars.eu website or any of its subdomains is a registered trademark, the rights to which are protected by the legislation of the European Union.
1.4. The EUROCARS platform acts solely as an intermediary between the vehicle Supplier and the Buyer who wants to buy a vehicle on the https://telecars.eu website or on any of its subdomains. Using the EUROCARS platform, Buyers can submit bids to purchase vehicles offered by suppliers.
1.5. The EUROCARS service is offered to the Buyer who has unconditionally accepted the terms of the offer by registering (creating an account) on the EUROCARS website https://telecars.eu or on any of its subdomains.
1.6. The https://telecars.eu website or any of its subdomains and the EUROCARS services are presented only for the “Commerce – Consumer” model.
1.7. If the Buyer is an individual, he/she declares by accepting these General Conditions that he/she is a consumer in accordance with §13 of the German Civil Code. If the Buyer is an entrepreneur or a legal entity, then by accepting these General Terms and Conditions he/she confirms that he/she is one in accordance with §14 of the German Civil Code.
1.8. For all agreements concluded or previously concluded with EUROCARS, only these conditions apply. EUROCARS does not recognize the Buyer's conditions that do not comply with these General Terms and Conditions. The Buyer's conditions are also not an integral part of the Agreement, unless EUROCARS expressly agrees to them.
1.9. By submitting a bid, the Buyer agrees to the exclusive effect of these General Conditions, the Agreement and all appendices thereto.
1.10. The Buyer is aware that he/she has no right to withdraw his/her bid.
In these General Terms and Conditions the terms used have the following meanings:
3.1 The Agreement, subject to these General Terms and Conditions, between the Buyer and the Seller shall be deemed concluded when the Buyer registers in accordance with § 4 of these General Terms and Conditions and, in accordance with the registration, receives confirmation from the Seller by e-mail.
3.2. The Agreement, subject to these General Conditions, between the Seller and the Buyer is considered concluded when the Buyer, in accordance with § 6 of the General Conditions, makes a purchase of the vehicle.
3.3. For Agreements EUROCARS uses respective applicable price lists that are valid at the time of the transaction.
4.1. The Buyer may use the website in accordance with § 5 after completing the registration form with the current data provided by EUROCARS, after providing the documents in accordance with the registration rules, and after confirming that he/she agrees to accept these General Terms and Conditions as part of the Agreement, and then after separately confirming the registration by e-mail.
4.2. The person who completes the registration form on behalf of the Buyer and provides documents in accordance with the registration rules and confirms acceptance of the General Conditions must guarantee the availability of appropriate powers to carry out legal actions on behalf of the buyer.
4.3. The Buyer guarantees that his/her data and documents are true and complete. The Buyer undertakes to immediately notify the Seller of any changes to the registration data entered in the form or in the documents submitted during registration.
4.4. The Buyer is aware that the Seller is not obliged to check the accuracy of the Buyer's data or documents.
4.5. The seller has the right to additionally require buyers located outside the territory of the Federal Republic of Germany to provide a certified translation into German or English of the documents specified in § 4.1.
4.6. Buyers with an address in an EU country outside the Federal Republic of Germany must additionally provide a valid VAT identification number.
4.7. The Seller has the right at any time (before and after confirmation of the Buyer's registration) to check the accuracy and completeness of the information in the registration form and in the documents provided by the Buyer in accordance with the provisions specified in §4.2.
4.8. In the case that it is discovered that the information is not complete and reliable or the documents submitted are invalid, the Seller has the right to:
4.9. Provided that the Buyer's registration has been accepted by the Seller, the Buyer receives the corresponding confirmation, makes a financial guarantee (deposit) to the Seller's account and from that moment on can use the website in accordance with § 4.1.
4.10. Taking into account the location of the Buyer and the applicable tax provisions, the purchaser may be given the option to select an affiliated company in accordance with §§ 1 and 2 for invoicing.
4.11. The Seller reserves the right to cancel the Buyer's registration without giving reasons, and to prohibit the Buyer and other users on his behalf from logging into the system on a permanent or temporary basis. In this case, the Seller shall not bear any liability for losses incurred by the Buyer in this case.
4.12. The Buyer is warned that the cost of services, auction and regional fees may change and agrees to this.
4.13. The Buyer undertakes to check all payment amounts.
5.1. The Buyer is aware and confirms by accepting the General Terms of the Agreement that he/she is responsible for the actions and errors of users who use the website on behalf of the Buyer or through his login (hereinafter referred to as the “User”).
The Buyer undertakes to provide each user with a copy of these General Terms and Conditions, to comply with the provisions of these General Terms and Conditions and to ensure their compliance by other users.
All bids submitted by users of the Buyer account are considered Buyer bids.
5.2. The Buyer guarantees that he/she uses the website with awareness of his/her responsibility, in accordance with the provisions of these General Terms and Conditions of the transaction, only within the framework of his/her legitimate interests and not to the detriment of the interests of third parties.
5.3. The Buyer and users are prohibited from making any changes to the website.
5.4. The Buyer undertakes not to perform the following actions when using the website:
5.5. The Buyer shall be liable and shall indemnify the Seller in the event that the Seller incurs damages as a result of the Buyer’s breach of the provisions of § 5 of these General Terms and Conditions.
5.6. The Buyer agrees that if he/she violates these general terms and conditions of the General Provisions of the Agreement, the Seller, in accordance with these general terms and conditions of the General Provisions of the Agreement, legal and other legislative acts, reserves the right, without limiting its other rights and legal protection, and without giving reasons, to temporarily or permanently block access for the Buyer and its users. The Seller, however, without giving reasons, at its own discretion has the right to unblock access for the Buyer and its users.
5.7. The Seller undertakes to:
5.8. In some cases, a Buyer may list a vehicle on the website and sell it at auction.
5.9. A Buyer wishing to sell his/her vehicle in accordance with § 5.7 undertakes to:
5.10. In some cases, a Buyer may offer to re-auction a vehicle on a website auction.
5.11. If the Buyer wishes to use the option provided in paragraph 5.8., he/she must first pay EUROCARS the full price of the vehicle and services, including delivery costs.
5.12. The Buyer cannot stop the auction before it ends.
5.13. The buyer undertakes to make every effort to sell the vehicle within 30 days. After 30 days from the start of the auction, EUROCARS may charge a fee for maintaining the offer in the amount of 15 €/day per vehicle, which must be paid by the buyer.
6.1. Deposit Agreement is concluded between the Buyer and the Seller within the framework of the concluded Agreement. The Agreement regulates the obligation of subsequent payments made by the Buyer, including regional and auction fees, delivery costs and all mandatory fees.
6.2. Once the Buyer's cash offer is accepted as the highest bid, EUROCARS has the right to purchase the relevant vehicle from the supplier.
EUROCARS may, at its sole discretion, accept Buyer's offers. Only if EUROCARS accepts Buyer's offer, a binding Agreement of sale and purchase for the highest bid is concluded between Buyer and EUROCARS, including auction and regional fees, delivery costs and all mandatory fees.
6.3 The decision to accept the offer (a bid) is communicated by sending a notice to the Buyer on the website and/or by e-mail.
6.4. After receiving the notification specified in § 6.3, the Buyer is obliged to fill in the order form within one working day, indicating the place of delivery of the purchased vehicle. By accepting the General Terms and Conditions, the Buyer declares his/her agreement that the provision of the order form is mandatory for the execution of the Agreement. The order form already contains the following data before it is filled in by the Buyer, which can no longer be changed:
6.5. When filling out the order form, the Buyer undertakes to agree on the method of delivery of the vehicle and the place of delivery/country, provided that he/she is provided with such an opportunity on the website.
6.6. The Buyer bears all costs and fees that may arise in connection with delivery to the destination country of his/her choice.
6.7. EUROCARS does not bear any responsibility for the Buyer's losses resulting from the incorrect choice of the destination country.
6.8. For each sale, the costs borne by the Buyer are added to the stated purchase price. These include, in particular, value added tax (VAT), which, in accordance with § 4.10., must be indicated in accordance with the requirements of the country of the invoicing party. For deliveries within the European Community and export to other countries, VAT is not indicated when providing transport documents upon sale. In this case, the Buyer must pay the VAT payable in the country of transfer.
6.9. To calculate the VAT amount, vehicles are delivered to legal entities within the European Union using a “triangular scheme” (so-called ABC triangular transactions). This means that the Buyer, as the last link in the chain (party C), must fulfill the VAT obligations in the EU country to which the vehicle will be delivered.
6.10. If the Buyer fails to fulfil his/her obligations within the time limits specified in § 6.4., EUROCARS has the right to terminate the Agreement for objectively justified reasons in accordance with § 308 Section 3 of the German Code of Laws and to demand compensation for damages in accordance with § 10.4. by withholding a deposit, in accordance with the Deposit Agreement, in the amount of the damage caused by the Buyer and deposited into the account of EUROCARS in accordance with the concluded Agreement.
6.11. The Buyer undertakes to transfer the purchase amount, including fees and expenses in accordance with §6.3., to the EUROCARS’ bank account specified in the order form no later than within 5 working days after the invoice is issued. The purchase amount is transferred to the Seller's account taking into account the payment made under the Deposit Agreement arising from the preliminary Agreement. The deposit in accordance with the concluded Agreement is distributed from the moment the car is received by the buyer.
Until the moment the Buyer receives the vehicle (delivers it), the deposit serves as a measure of security for obligations under the Agreement, under the conditions specified in the Deposit Agreement.
6.12. Immediately after receiving the purchase amount including fees and expenses, the vehicle will be transferred to the "Preparing for Delivery" status.
7.1. Purchased vehicles are delivered exclusively according to one delivery method selected by the Buyer, specified in the delivery terms when placing the order.
7.2. Transportation of vehicles is carried out according to the agreement of the parties or their representatives. In some cases, the buyer has the right to carry out transportation independently.
7.3. Cars are transported exclusively to the country of destination specified by the Buyer in the order form. The Buyer assumes liability for EUROCARS losses if the transportation of the vehicle for the purpose of fulfilling the Agreement must be carried out to a country other than the country specified in the order form.
7.4. Ownership of the vehicle and all risks pass to the Buyer upon delivery of the vehicle. If the vehicle is delivered by the Buyer, the risks associated with the vehicle are borne by the Buyer, in the event of:
7.5. Delivery prices shown on the website are indicative only; The final delivery price is agreed upon individually for each deal; the actual shipping cost depends on many criteria such as the type of vehicle, its location, etc.
7.6. The date and time of delivery are specified by the Seller or his/her representative only as an estimate. The Buyer is not released from the obligation to accept the delivered vehicle.
7.7. Delivery of the vehicle can only be carried out after the following conditions have been met:
The Buyer undertakes to accept the vehicle no later than 2 weeks (and/or within a shorter period of time specified on the authorisation for the handing over of the vehicle) of receiving the authorisation for the handing over of the vehicle, and transport it to the country of final destination. The Buyer confims and accepts the condition that EUROCARS, the Supplier or a third party keeping the vehicle safe in its name has the right to refuse to deliver the vehicle to the Buyer (or to transport the vehicle) at any time if the Buyer (or the carrier of the vehicle) if the Buyer has not provided a valid authorisation for the handing over the vehicle.
The Buyer assumes liability for its own losses, as well as losses incurred by EUROCARS, the Supplier or a third party due to the Buyer's failure to provide a valid authorisation for the handing over the vehicle.
In case the Buyer:
8.1. When delivering a vehicle within the territory of the European Union, the Buyer undertakes to provide EUROCARS with all necessary properly executed accompanying and transport documents, as well as to indicate the destination.
The Buyer hereby accepts the condition that in the event that doubts arise regarding the validity or correctness of the presented transport documents by the Buyer, the company EUROCARS may confiscate the documents for the vehicle for the period until the Buyer presents valid documents.
8.2. When exporting a vehicle, the Buyer undertakes to provide EUROCARS with all necessary accompanying and export documents and to indicate the country of destination. In this case, EUROCARS shall be entitled to demand a security deposit, for each vehicle exported outside the EU, before the vehicle is handed over and the export documents are received, in the form of an advance payment equal to the VAT amount charged in the country of the invoicing party, in accordance with § 4.11.
The amount of the security deposit is specified separately in the order form.
Once EUROCARS has received from the Buyer all the necessary accompanying and export documents, which prove, in particular, that the sale is an export delivery in accordance with the Turnover Tax Act, EUROCARS returns the security deposit and issues an invoice to the Buyer without specifying the value added tax.
8.3. EUROCARS shall not be liable for any financial losses suffered by the Buyer resulting from failure to comply with § 8.
9.1. The Buyer confirms, by accepting these General Terms and Conditions of the Agreement, that he/she acts as a vehicle dealer and knows the peculiarities and the rules of trade in the field of vehicles that have already been in use.
9.2. The Buyer acknowledges and accepts the condition that all information about vehicles is based on data provided by the Supplier.
9.3. In accordance with the law, EUROCARS does not bear any liability for any financial losses of the Buyer arising from the lack of detailed accurate information about the vehicles (e.g. regarding accessories, color, production date, etc.).
10.1. In relation to used goods, claims regarding material defects, including subsequent use of the vehicle and legal defects are excluded, and the Seller bears no liability.
10.2. In relation to new goods, EUROCARS assigns claims against the manufacturer of the goods regarding material defects and legal deficiencies to the Buyer.
10.3. Liability for violation of the obligations of the parties when concluding the Agreement is regulated both by the Agreement itself and by Appendix Agreements to this Agreement.
10.4. The limitations of liability specified in these General Terms and Conditions shall not apply to the Seller’s liability to the Buyer for:
10.5. In case of damage to property due to negligence, EUROCARS and its representatives are liable solely in the event of a breach of one of the fundamental contractual obligations, but the amount of liability is limited to the damages foreseeable and specified in the Agreement.
10.6. The personal liability of the Seller's legal representatives, agents and employees for damage caused by slight negligence is excluded.
10.7. EUROCARS has no influence whatsoever on the design and content of other websites. Therefore, the company distances itself from all external content, even if a link to third-party websites has been provided on the website. This applies to all links provided on the website and to all content on the web pages to which banners and links lead. The Buyer is solely responsible for any illegal, false, misleading or illegal content of any kind and releases EUROCARS from any liability related to the above. This statement applies to all publications on the main website and for all its subdomains. The same applies to anti-competitive messages. EUROCARS does not bear any liability for anti-competitive messages from third parties.
11.1. If EUROCARS exercises its right to terminate the Agreement after purchasing the vehicle for the Buyer and after concluding the Agreement with the Buyer in accordance with the contractual and legal provisions, EUROCARS has the right to demand compensation for damages from the Buyer. (Liability is regulated by the rules of law of the Federal Republic of Germany and the Deposit Agreement, which is an integral part of the Agreement).
11.2. The Buyer is aware that EUROCARS is unable to sell the vehicle to a third party and is therefore forced to return the vehicle to the Supplier, with the Supplier retaining 21% of the purchase price in the event of the vehicle being returned to the Supplier.
11.3. By accepting these General Terms and Conditions, the Buyer is obliged to compensate for any financial losses caused to EUROCARS in the event of termination of the Agreement.
11.4 The Buyer, by accepting these General Terms and Conditions, undertakes to compensate EUROCARS, in the event of a delay in the performance of its obligations, for damages due to late payments or acceptance of the vehicle under the Agreement.
11.4.1. Delinquency amounts to recalculation from the calculation of 24% per annum and the period of delay shall be the 6 day (the sixth day) after the invoice has been issued to the Buyer on the following conditions:
А) For legal entities: an amount shall be deducted from the dealer’s deposit and the account shall be blocked until the payment for the car is made according to the invoice, including the replenishment of the deposit itself on the issued invoice for the overdue amount. (Blocking the account does not allow further bids at the auction https://telecars.eu and on any of its other subdomains)
В) For individuals (personal use): After the moment of payment for the car, in the event of a delay in payment, on the next 6th day, an invoice is issued for the amount of the delay at the rate of 24% per annum. The delay in payment is allowed for no more than 30 calendar days. After the expiration of the specified 30 calendar days and failure to fulfill obligations as payments made on the issued invoices, entails the right of the Seller to terminate the Agreement unilaterally by filing a claim in court to recover incurred costs and losses, including the expected benefit.
In the event of delay in payment by the Buyer, EUROCARS shall have the right to demand payment of interest for the late payment, the value of which exceeds the corresponding base interest rate in accordance with §247 of the German Civil Code by 24 percentage points. EUROCARS shall have the right to demand a cover of a larger loss.
12.1. The Buyer has no right to terminate the Agreement after his/her bid has been accepted by EUROCARS. (The consequences of refusal of the transaction are regulated by the signed Deposit Agreement).
12.2. EUROCARS reserves the right to confirm the Buyer's request to terminate the Agreement at its own discretion. The Buyer agrees that he will compensate EUROCARS for any damages and losses incurred in the event of confirmation of termination of the Agreement in accordance with §11 of these terms and conditions under the Agreement.
13.1. The provisions of §13 apply to all fees and charges that the Buyer must pay when making a purchase through EUROCARS, as well as to the issuance of additional invoices for payment by the specified organization during the purchase process (taking into account the payments made under the Deposit Agreement).
13.2. Unless otherwise stated, all fees, charges and amounts, as well as taxes, indicated on the website and in this Agreement are stated in Euro.
13.3. The Buyer acknowledges and accepts the condition that invoices are issued in electronic format and paper invoices are not sent to the Buyer.
13.4. The Buyer acknowledges and agrees that he/she is responsible for compliance with all applicable laws regarding the receipt and storage of electronic invoices.
13.5. Placing an order, the Buyer has the right to indicate that he/she wishes to receive an invoice hardcopy. The Buyer acknowledges and accepts the condition that EUROCARS will charge an administrative fee of 15 (fifteen) Euros for each invoice in paper form requested by the Buyer. If the Buyer does not pay the administrative fee, EUROCARS has the right not to send the Buyer an invoice in paper form.
13.6. If the Buyer delays any payment under the terms of these General and Conditions Agreement or other agreements with EUROCARS, he/she shall be obliged to compensate EUROCARS for damages and losses from delay in the amount of 24% per annum above the ECB base rate, or more if EUROCARS provides evidence of greater damages and losses incurred. The withholding of amounts is also provided for in the signed Deposit Agreement.
13.7. EUROCARS has the right, in accordance with these General Terms and Conditions Agreement, to refuse to hand over the vehicle and/or any documents to the Buyer until the Buyer has fulfilled its obligations to EUROCARS.
13.8. EUROCARS shall retain ownership of the delivered goods until the Buyer has fulfilled its all obligations to EUROCARS regarding the delivered goods.
13.9. The Buyer must make payments in the form of a deposit within the framework of the Deposit Agreement, which is an integral part of the Agreement, which will be included in the payment for the purchased vehicle, as well as pay the costs incurred during the execution of the Agreement.
13.10. EUROCARS reserves the right not to hand over the goods until all EUROCARS' claims against the Buyer are settled.
13.11. If the demand for payment may not be fulfilled due to the circumstances of the dispute after the conclusion of the Agreement or the obvious deterioration in the financial circumstances of the Buyer, EUROCARS may terminate the Agreement for presenting a claim for damages and financial losses in accordance with §11 of the Agreement, without prior notice.
13.12. If the Buyer delays payment to EUROCARS for more than 7 days, EUROCARS has the right, in accordance with these Terms and Conditions, to terminate the Agreement for an objectively justified reason and, in accordance with § 12 of this Agreement, to demand compensation for financial damages.
14.1 The Buyer has no right to withhold payment on the basis of its claims based on other agreements with EUROCARS.
15.1. The risk of accidental damage to the goods shall be passed to the party that has accepted the goods. The risk is passed to the Buyer if the Buyer delays acceptance of the goods.
15.2 The risk of accidental damage to the goods to be delivered passes to the Buyer at the moment when the goods have been handed over to the person carrying out the transportation, or when the goods have been moved from the warehouse for shipping purposes, as well as in the case of delivery of goods without freight, and if the Buyer obviously and implicitly chose to forward the goods, in particular by indicating the delivery address. If delivery is delayed in accordance with the Buyer's wishes, the risk of accidental damage to the goods passes to the Buyer upon sending a notice of readiness for shipment; in this case EUROCARS has the right, but is not obliged, to insure the delivery on behalf of and at the expense of the Buyer.
16.1. The Buyer undertakes to process and use the personal data of other users that he/she receives through the website, solely for the purpose of processing and responding to the relevant request. Further use of these data, in particular for advertising purposes, shall be permitted only after obtaining the necessary consent of the person/persons concerned.
16.2. In the preparation, conclusion, management and termination of the Agreement, EUROCARS shall collect, store and process data within the limits of legislative norms.
16.3. When the Buyer visits website and considering our Internet-offer, the IP address currently assigned to its computer, the date and time of the visit and the browser type and operating system of its computer, as well as the pages viewed by the Buyer will be recorded. EUROCARS is, however, unable to link the aforementioned data with the Buyer’s personal details, nor does it envisage doing so.
16.4. Personal data that the Buyer provides to EUROCARS, for example, when placing an order or by e-mail (e.g. name and contact details), are processed only for correspondence with the Buyer and only for the purposes for which the Buyer provided these data to EUROCARS. EUROCARS transfers the Buyer's data only to the transport company in the event of a request for such transportation to the extent necessary for the delivery of vehicles. To settle payments, EUROCARS transfers the Buyer's payment data to the bank through which the payment is made.
16.5. EUROCARS guarantees that personal data of buyers will not be passed on to third parties. If EUROCARS uses third parties to implement and manage the processing processes, it must comply with the provisions of the German Data Protection Act.
16.6. Personal data that has been transferred to EUROCARS via the website is stored only until the purpose for which it was transferred to EUROCARS has been fulfilled. In accordance with the storage duration period for trade and tax data the for certain data may be up to 10 years.
16.7. If the Buyer no longer agrees with the storage of his/her personal data or the data has become incorrect, EUROCARS initiates the deletion, correction or blocking of the Buyer’s data in accordance with the law. Upon request, the Buyer will receive information free of charge about all personal data that have been stored by EUROCARS about the requesting Buyer.
16.8. Although EUROCARS publishes links on its website to third party websites, it does not accept any responsibility for the accuracy or completeness of the content or data security of these sites. Since EUROCARS has no influence on the data protection compliance of third parties, buyers should read the privacy statements of each third party separately.
17.1. All information, namely the layout of the home page, the graphics and photographs used, the articles in the collection and the publication, are protected by copyright.
17.2. The passing on, duplication or any other use of information specified in § 17.1 shall only be permitted subject to adhering to the following limitations. Any infringements will be prosecuted under copyright law, competition law and, if applicable, civil and criminal law.
17.3. Copying the entire contents of the page is strictly prohibited.
17.4. The transfer or licensing of rights to use the system on behalf of the Buyer to a third party is recognized upon provision of the prior written consent of EUROCARS.
17.5. EUROCARS shall not be held liable for any violation of third party rights in the event of unauthorized publication of information located on the https://telecars.eu portal or any of its subdomains and protected by copyright by third parties.
18.1 n case of disputes arising from the conclusion, execution or termination of Agreements in accordance with §3 of the Agreement, the parties agreed that if the Buyer is an entrepreneur, a legal entity of public law, a public law unit or there is no arbitral tribunal of general jurisdiction in a country, the place and legal framework of arbitration shall be:
19.1. If certain provisions of agreements concluded in accordance with § 3 of the Agreement become invalid, this does not affect the validity of the remaining provisions of agreements concluded in accordance with § 3 of the Agreement.
19.2. The parties undertake to replace invalid provisions with new provisions that will correspond to the economic content of the invalid provisions in a legally permissible form. The same must be done if the Agreement contains a gap that was not originally foreseen by the parties. In order to fill such gaps, the parties undertake to develop appropriate rules in contracts concluded in accordance with § 3 of the Agreement; these rules must correspond to the wishes of the parties if they had considered the points not mentioned in the gaps when concluding these Agreements.
Changes or additions to the Agreement have legal force only if executed in writing form or posted on the EUROCARS website https://telecars.eu or on any other its subdomain. Oral agreements are not taken into account.
EUROCARS reserves the right to maintain the General Terms and Conditions in their current form and, if necessary, to adjust them. The Buyer will be notified of changes to the General Terms and Conditions no later than two weeks before the new General Terms and Conditions come into force. If, within the same period, the Buyer or his representative does not request an adjustment and there are no objections, the amended General Terms and Conditions are considered accepted.
UAB “EUROCARS”
Tolminkiemio g. 11-70
LT-06210, Vilnius
ID 305833262
TAX LT100014237213
Paysera LT, UAB
IBAN: LT393500010014179276
SWIFT: EVIULT2VXXX
1. The parties hereunder have determined that the Buyer side shall transfer to the Seller side the amount of money towards payments due under the Agreement to the other party, to prove the conclusion of the Agreement and to ensure its execution. The deposit can secure obligations with the participation of any subjects of civil law: citizens and legal entities.
1.1 The deposit is transferred under the following conditions:
1.1.1 2000 EUR for car dealers, using any number of bets
The deposit remains with EUROCARS until all work (obligations) under the Agreement is completed and only then is it returned to the Buyer.
A car dealer can be either an individual or a legal entity.
For personal use: individuals and legal entities have the right to make only one bet from the following conditions:
1.1.2. 1000 EUR - maximum bet 10,000 EUR.
1.1.3. 2000 EUR - maximum bet 20,000 EUR.
1.1.4 3000 EUR -maximum bet 40,000 EUR.
1.1.5 When transferring a cash deposit for a car intended for personal use, the amount of this deposit is included in the cost of the purchased car.
2. The deposit is used by the parties when conducting various auctions.
3. The subject of the deposit can only be the amount of money specified in clause 1.1. of this Appendix.
4. Ensuring the fulfillment of an obligation is the main, fundamental function of the deposit.
In addition to the main task, the deposit performs a certification (evidential) and payment functions:
The deposit confirms and certifies the fact of the conclusion of the Agreement, on account of payments for which it is provided. The parties agree that only upon signing and execution of the Deposit Agreement (money transfer of the deposit amount) the main (secured) Agreement is considered concluded.
5. The deposit is issued by the party from whom payments are due under the Agreement.
The money is paid to the seller in advance, i.e. it is deposited before the transfer of the vehicle and the performance of the services under the Agreement.
6. Upon subsequent execution of the Agreement and settlement between the parties, EUROCARS has the right to retain the deposit against amounts due from the Buyer for the transferred vehicle, work performed, or services rendered.
7. In case of non-fulfillment or impossibility of fulfillment of its obligations by EUROCARS, the Buyer has the right to demand the return of the deposit in all cases of non-fulfillment of the Agreement.
Agreement on payment for services and commission fees of the auction https://telecars.eu and all its subdomains
Payment scheme for auction services http://telecars.eu and all its subdomains:
Payment is charged as a commission when paying the invoice for the car won at the auction http://telecars.eu and all its subdomains:
Refunds are made upon written request of the Buyer, within 15 working days, exclusively to the bank details belonging personally to the Buyer. The commission for the transfer upon return is subject to payment by the Buyer, or is deducted from the refund amount.