Introduction, general provisions
Atrium Auto LLC (Service Provider) (registered office/address: BOCA RATON, FL 33429-1426, USA, P.O. BOX: 1426) is a specialized Internet electronic platform (Platform or System) designed to provide professional car dealerships (primarily in the United States of America) with a borderless opportunity to advertise their vehicles for sale in a professional manner to their target audience of professional, registered car dealers and individuals who may bid on the same platform to purchase the advertised vehicles. The official address of the Platform referred to in this paragraph is: www.usaautolicit.com
Atrium Auto LLC informs users visiting or registering on www.usaautolicit.com that the official Atrium Auto LLC designation used in this form and on the named website is used by the service provider in parallel with the designation USAAUTOLICIT.com (www.usaautolicit.com, usaautolicit.com, USAautolicit), but the service provider behind the designations is always the company Atrium Auto LLC providing the service.
The present General Terms and Conditions (hereinafter referred to as the "General Terms and Conditions" or "GTC") govern the relationship between USAAUTOLICIT.COM and the Buyer as Client and define the terms and conditions that apply to each offer, sale and delivery of Vehicles from or on behalf of USAAUTOLICIT.COM and by the Buyer using the available electronic platform. Buyer's delivery shall be construed with the limitation that Buyer is not obligated to order the entire delivery from USAAUTOLICIT.COM, but that USAAUTOLICIT.COM shall have the exclusive right to arrange for the overland transportation of the goods from the auction facility.
By registering for or using the Platform (including, for example, by making an offer for any vehicle), the Buyer constitutes his unconditional acceptance of these GTC. The Buyer also declares that his own general terms and conditions, if any, shall be superseded by the use of this system, even if they contain exclusive validity clauses and even if USAAUTOLICIT.COM has not objected to these terms and conditions. Therefore, only the terms and conditions contained herein constitute the entire agreement between USAAUTOLICIT.COM and Buyer, and the terms and conditions contained herein supersede all prior discussions, agreements, contracts and promises, whether written or oral. Once registered, Buyer may not transfer access to the Auction Site to any other person or entity and no person other than the registered Buyer may visit the Auction Site on behalf of the registered Buyer. This clause does not apply to persons employed by the Buyer (Users). The registered Buyer and the User shall be jointly and severally liable for any misuse on behalf of the registered Buyer. Furthermore, an already registered Buyer may not unilaterally change the data previously provided by him/her on usaautolicit.com. Buyers who wish to make changes to their data must submit a formal request to USAAUTOLICIT.COM at its administrative email address (firstname.lastname@example.org).
Registration and/or lawful use of USAAUTOLICIT.com is restricted to users of legal age (+18).
It is the responsibility of the Buyer to verify the fees charged by USAAUTOLICIT.COM for each of the related services on USAAUTOLICIT.COM and the purchase price indicated by the Seller, in each case, and to do so before paying each fee and making an offer.
After reading and understanding these Terms and Conditions, the Buyer acknowledges that it has been read, understood, accepted and agrees to be bound by the terms and conditions contained in these Terms and Conditions, including the information on the Vehicles, the warranty, the conformity and complaints provisions, and the principles of liability set out in Clauses 9 - 12 of these Terms and Conditions.
These GTC constitute a framework agreement for each of the services provided by USAAUTOLICIT.COM. Each USAAUTOLICIT.COM sale shall be considered a separate agreement between USAAUTOLICIT.COM and Buyer.
As used in these GTC, the terms defined below shall have the following meanings:
Auction: this process is described in paragraph 5.1.
Auction Closing: the date and time from which the Buyer may no longer submit a valid bid for an Auction, these dates are indicated on the Platform for each Auction;
Auction Costs: the administrative costs payable by the Buyer for each Vehicle, payable through the Platform;
Auction Rules: means the specific rules for a particular Auction, these rules are indicated on the Platform for each Auction;
Working Day: any day except Saturdays, Sundays or official holidays in the country of operation of USAAUTOLICIT.COM;
Buyer: a legal entity, other unincorporated organization or individual who has registered on the Platform, the Buyer's details are recorded on the Registration Form.
Supervision: shall have the meaning set forth in the Florida Business Corporation Act of the State of Florida;
USAAUTOLICIT.COM: USAAUTOLICIT.COM, as defined in paragraph 3.5 of the Registration Form;
USAAUTOLICIT.COM - Sales: see paragraph 7 for an explanation of this term;
USAAUTOLICIT.COM Confirmation: see paragraph 7 for an explanation of this term;
USAAUTOLICIT.COM Vehicle Description: means the information provided by USAAUTOLICIT.COM during the Auction relating to the Vehicle;
Country Fees: the administrative and logistical costs payable by the Buyer for the Vehicles sold through the Platform, which vary from one Vehicle to another. The level of these fees depends on the country in which the Seller offers the vehicle for sale and on the country of the Buyer;
E-invoice: an official invoice issued and transmitted in the electronic format of USAAUTOLICIT.COM's choice.
Import/Export: the shipment and export of goods outside of the USA or Canada; Buyer acknowledges that the purchased vehicles must be exported from the USA or Canada and that the purchased vehicles cannot be resold in the USA or Canada.
Export Documents: all properly and fully completed documents required by legal requirements for the export of the Vehicle and evidencing the shipment of the Vehicle.
Import Documents: all properly and fully completed documents required by legal requirements for importing the Vehicle and proving delivery of the Vehicle.
Evidence: any document necessary to prove something (e.g., but not limited to: shipping documents, export documents, documents stamped and signed by the carrier to prove that the Vehicle has been shipped and/or transported from one place to another);
Intra-Community transport: the supply of goods transported by or on behalf of a carrier whose sales are made from one Member State of the European Union to another Member State of the European Union.
Non-Community transport: the supply of goods transported by or on behalf of a carrier whose sales are made from a Member State of the European Union to a Member State of the European Union other than a Member State of the European Union.
Losses: any injury, loss, claim, demand, third party claim, damage, cost, tax or expense of any kind.
Access data: username, password and any other access method that may be necessary to access and use the Platform.
Offer: an offer made by the Buyer through the Platform that the Buyer wishes to purchase one or more vehicles offered by USAAUTOLICIT.COM in accordance with clause 5.1.2
Offered Price: this term is explained in paragraph 5.1.2
Party: USAAUTOLICIT.COM and/or Buyer, whichever is applicable.
Platform: an online platform operated by USAAUTOLICIT.COM through which Buyers may make Offers to purchase Vehicles, the Platform being accessible through www.usaautolicit.com or other similar URLs, which may be notified to Buyers by USAAUTOLICIT.COM from time to time, including through any mobile application available for Android and iOS systems.
Purchase Price: the sum of the Offered Price for each USAAUTOLICIT.COM Sale, the Auction Fee, the Nationwide Fee and the Shipping Charges plus taxes.
Registration Form: a form to be duly completed by the Buyer during registration on the Platform. It must indicate the valid tax identification number and, where such documentation is officially available, must be accompanied by proof of business registration and a copy of the identity card, passport of the owner/manager of the registered company; all scanned versions of the original documents must be clearly referenced and valid.
Seller: any leasing company, car manufacturer or other company and/or natural person who advertises Vehicles on the Platform for professional or other purposes.
Taxes: taxes of any kind, sales taxes, withholding taxes, duties (import and/or export), taxes, levies, and fees imposed by any local, municipal, governmental, state, federal or other entity, and any interest, penalties, surcharges or fines related thereto.
Terms and Conditions: these Terms and Conditions of USAAUTOLICIT.COM
Shipping Documents: any properly and fully executed shipping document that serves as evidence of the shipment of the Vehicle from one location to another, including without limitation, but not limited to, a CMR waybill, export documents or proof of delivery.
Delivery Charges: the amount payable by Buyer for the delivery of the Vehicles.
Triangulation Scheme: a chain transaction between parties where the parties are all located in different EU or third country states (A-B-C) and where the Goods/Vehicles are transported directly from the first state (A) to the last (C). All deliveries are arranged by USAAUTOLICIT.COM on behalf of USAAUTOLICIT.COM, unless otherwise clearly indicated (Buyer arranged delivery).
User: for an explanation of this term, see paragraph 4.1.1
Vehicle: any vehicle advertised through the Platform
Vehicle Documents: all official documents relating to the Vehicle (including, without limitation, for example, the Declaration of Conformity and documents evidencing inspection)
Vehicle Information: all photographs, descriptions, information, documents and/or other materials, including the USAAUTOLICIT.COM Vehicle Description, used in the Auction to advertise on the Platform.
Currency of Fees: all amounts and fees stated herein are in USD for vehicles originating in the USA, CAD for vehicles originating in Canada and AED for vehicles originating in Dubai, except for items that are payable in EUR upon delivery to the EU (e.g. customs duties) or items that are charged in the destination country in the destination country's own currency (e.g. but not limited to VAT).
BROWSING AND REGISTRATION ON THE PLATFORM, MEMBERSHIP, MEMBERSHIP FEE
Professional car dealers and individuals can register and use the platform.
No registration is required to browse and search the Platform, but such use provides limited services as it does not allow full access to the auction and vehicle information. Access to the full information database (including prices and photo and/or video recordings, as well as the possibility to start and complete the purchase process) is subject to prior registration only.
The system is only available for a fee, with the following options:
Purchase limit: 1 unit
Bidding limit: $6000
Transaction fee: 10% (min $499)
Buy It Now: yes
Vehicle shipping discount: not applicable
Free VIN check: not applicable
Telephone Support: no
Purchase limit: unlimited
Offer limit: unlimited
Transaction fee: 5% (min $399)
Buy It Now: yes
Vehicle shipping discount: 2%
Free VIN check: 5 units
Support by phone: yes
Purchase limit: unlimited
Offer limit: unlimited
Transaction fee: $299
Buy It Now: yes
Vehicle shipping discount: 5%
Free VIN check: 10 units
Telephone Support: yes
3.4 The registration fee can be paid to Atrium Auto LLC by bank transfer, credit card (Stripe) or PayPal. An electronic invoice for the transaction will be issued and sent by USAAUTOLICIT.COM to the payer. Bank details required to pay the registration fee:
Beneficiary Name: Atrium Auto LLC
Bank Name: Community Federal Savings Bank
Bank Account Number (USD): 8220 0026 2728
To authorise the use of the Platform, the Buyer must request confirmation of registration by duly completing the Registration Form, sending the necessary documents in accordance with the registration modalities described on the Platform, and by accepting the GTC on the Website.
The person completing and submitting the Registration Form on behalf of the Buyer and accepting these Terms and Conditions on behalf of the Buyer must certify that he/she has the necessary authority to act on behalf of the Buyer.
The Buyer warrants that the information provided and/or the documents submitted are correct, complete and valid. Buyer shall notify USAAUTOLICIT.COM immediately if any information on the Registration Form and/or other documents submitted pursuant to paragraph 3.5 changes. In addition to the provisions of paragraph 3.6, Buyer acknowledges and agrees that USAAUTOLICIT.COM shall have no liability whatsoever for the accuracy of the information provided by Buyer and the documents submitted.
USAAUTOLICIT.COM may verify the accuracy of the information provided on the Registration Form and/or the validity of the documents submitted by the Buyer pursuant to paragraph 3.5 at any time (both before and after confirmation of the Buyer's registration). If such verification concludes that the information provided is inaccurate and/or the documents are invalid, USAAUTOLICIT.COM reserves the right to
reject the Buyer's registration request, USAAUTOLICIT.COM will notify the Buyer of such rejection and may, in its sole discretion, provide the Buyer with an opportunity to correct the inaccuracy and/or invalid documents; or
may suspend or permanently block the access of the Buyer and its associated users to the Platform, as described in Section 4.5.
USAAUTOLICIT.COM reserves the right to refuse to confirm a registration request at any time without giving any reason. USAAUTOLICIT.COM shall not be liable for any loss incurred by the Buyer as a result of such refusal.
If USAAUTOLICIT.COM decides to accept the Buyer's registration request, USAAUTOLICIT.COM will inform the Buyer and send an email notification to the Buyer to access the Platform. The Buyer may not make Offers until it has received USAAUTOLICIT.COM's approval and Access Data.
ACCESS TO AND USE OF THE PLATFORM
4.1 General Information on Users and Use
4.1.1 The Buyer acknowledges and agrees that in all cases it is responsible for the actions of Users acting on behalf of the Buyer and using the Platform or otherwise using the Access Data. The Buyer shall provide each User with a copy of these Terms and Conditions and shall ensure that each User complies with these Terms and Conditions.
4.1.2 The Buyer warrants that it will use the Platform in a responsible manner, in accordance with these Terms and Conditions, all applicable national and international laws and in general, exclusively for its own legitimate business purposes and without infringing the rights of third parties. Neither the Buyer nor the Users may make any modifications to the Platform. In all cases, Buyer shall be responsible for, and Buyer shall defend and indemnify USAAUTOLICIT.COM for, any Losses incurred as a result of: (i) modifications to the Platform; and/or (ii) use of the Platform in a manner inconsistent with the GTC.
4.1.3 The Buyer agrees not to use, and warrants that its Users will not use, the Platform to (i) upload, transmit or distribute data containing viruses, worms, spyware, malware or any other malicious programs; (ii) perform any calculation, operation or transaction that interferes with, violates or limits the functionality of the Platform or any other program, computer or telecommunications facility; (iii) post any information or material that infringes the rights of any third party, is defamatory, obscene, threatening or otherwise unlawful; and/or (iv) make any non-binding Offer.
4.2 Hardware, Software and Services required
The Buyer agrees that it is its responsibility to select, purchase and operate the hardware, software and/or telecommunications services necessary to connect to and use the Platform. Such hardware, software and/or telecommunications services must meet the minimum requirements set out on the Platform from time to time. The cost of installing such hardware, software and/or telecommunications services or other costs associated with the purchase of such hardware, software and/or telecommunications services shall in all cases be borne by the Buyer. USAAUTOLICIT.COM shall not be responsible for third party hardware, software, products and services such as telecommunications equipment, internet connectivity, operating systems and internet browsers.
4.3 Security and Access Data
4.3.1 Access data are required to use the Platform. Access Data is personal and the Buyer is responsible for ensuring that it and its Users retain, keep secret and secure and use Access Data appropriately and undertakes to take all necessary steps to prevent unauthorised third parties from accessing and using it.
4.3.2 If the access data has been lost, stolen, breached confidentiality or if there is any risk of misuse. The Buyer is solely responsible for any use of the Platform and any Offer made, as well as for any adverse consequences resulting directly or indirectly from such use.
4.3.3 If USAAUTOLICIT.COM has reason to believe that Access Data has fallen into unauthorized hands or that the Platform is being used for improper purposes, it may, at its sole discretion, suspend access to the Platform without any prior notice and no compensation/damages will be payable in this regard.
4.3.4 Buyer acknowledges that it has been advised that USAAUTOLICIT.COM reserves the right to reject a Buyer's Access Data when another Buyer has already started a session with the same Access Data on another computer.
4.3.5 USAAUTOLICIT.COM reserves the right to suspend any registration for any reason, for a specified or indefinite period of time. Such reasons may include, but are not limited to, delays in payment of the car, suspicion of suspicious conduct, abuse or VAT fraud, or any other reason that USAAUTOLICIT.COM is not required to disclose to the Buyer.
4.3.6 USAAUTOLICIT.COM shall not be liable for any Losses arising from such suspension or denial of access, which are detailed in paragraphs 4.3.3, 4.3.4 and 4.3.5.
4.4 Intellectual Property Rights
4.4.1 The intellectual and industrial property rights and know-how relating to the Platform are the exclusive property of USAAUTOLICIT.COM. USAAUTOLICIT.COM grants to the Buyer and its Users a non-transferable, limited, non-exclusive license to use the Platform for its own business purposes only until USAAUTOLICIT.COM revokes the rights to access the Platform from the Buyer and its Users.
4.4.2 The Buyer shall take all necessary measures to protect the intellectual and industrial property rights of USAAUTOLICIT.COM.
4.4.3 Without prejudice to the rights of the Buyer and Users under the laws on the protection of computer programs, the Buyer and Users are not entitled to: (i) modify, translate or adapt the Platform in any way; (ii) decompile or disassemble the Platform in any way; (iii) make any copies of the Platform; (iv) in any manner whatsoever, resell, license, lease, loan or distribute the Platform or the Documentation to any third party; (v) create a product or service that is substantially similar to the Platform; and/or (vi) copy any ideas, features and/or functionality of the Platform. USAAUTOLICIT.COM reserves the right to correct any errors only on its own.
4.5.1 The Buyer acknowledges and agrees that USAAUTOLICIT.COM reserves the right to suspend the Buyer's and its Users' access to the Platform for any reason without limitation (i) if the Buyer and/or its Users have breached or may reasonably be expected to breach these Terms and Conditions; (ii) if USAAUTOLICIT. COM's IT systems; (iii) if required by law; (iv) if it is necessary to avoid or mitigate the adverse effect on USAAUTOLICIT.COM, the Buyer; and (v) if it is necessary to maintain the Platform. USAAUTOLICIT.COM will use reasonable efforts to notify Buyer of such suspension as soon as reasonably practicable.
4.5.2 The Buyer acknowledges and agrees that USAAUTOLICIT.COM reserves the right to permanently block without limitation the access of the Buyer and its Users to the Platform (i) if the Buyer and/or its Users breach the TOS; (ii) if any of the circumstances described in clause 13 apply; (iii) if the Buyer and/or its Users use it for fraud.
AUCTIONS AND OFFERS
5.1.1 The Platform allows Sellers to advertise the Vehicles they wish to sell. These Vehicles may be advertised separately, in one or more Vehicle Groups, at USAAUTOLICIT.COM's sole discretion.
5.1.2 The Buyer may make a binding offer to USAAUTOLICIT.COM to purchase an advertised vehicle by specifying the Offer (net purchase price without costs) at which the Buyer is willing to purchase the selected vehicle from USAAUTOLICIT.COM.
5.1.3 USAAUTOLICIT.COM will evaluate the Buyer's purchase offer until the Auction closes and will then decide in its sole discretion whether it is willing to sell the Vehicles to the Buyer who submitted the best offer. The Buyer expressly acknowledges and agrees that its Bid may be disqualified from the Auction if USAAUTOLICIT.COM believes that the Bid is not adequate (including, without limitation, an abnormally high price). USAAUTOLICIT.COM shall have no liability whatsoever for any Loss incurred by the Buyer as a result of such exclusion.
5.1.4 Buyer expressly acknowledges and agrees that the sale of any Vehicle is effectively contingent upon Seller's agreement to sell the Vehicle to USAAUTOLICIT.COM and that a best offer to purchase does not guarantee that Buyer will actually be able to purchase the Vehicle.
5.1.5 Neither USAAUTOLICIT.COM nor the Seller shall be liable for any Losses suffered by the Buyer as a result of the Seller or USAAUTOLICIT.COM withdrawing from the Auction.
5.1.6. The Buyer shall be informed of the Auction fees and other costs for each vehicle in the Auction via the Platform. Buyer expressly acknowledges and agrees that the Auction fees and other costs may vary from Vehicle to Vehicle and from Auction to Auction.
5.2 Pre-bid, Live Bid* and Buy It Now options
5.2.1 If the Buyer wishes to purchase one or more Vehicles, he/she has the possibility to make a preliminary offer for the Vehicle(s) concerned. The Offer must always include the purchase price (net value).
5.2.2 The Buyer expressly acknowledges and agrees that any Preliminary Offer made through the Platform shall be binding and may not be withdrawn by the Buyer until the end of the forty-eight (48) hour period (counting only Business Days for the purpose of this determination) from the closing of the Auction.
5.2.3 If the Buyer submits more than one (1) Preliminary Offer for the same Vehicle, USAAUTOLICIT.COM will consider the higher Offer of the Buyer in each case.
5.2.4 The Buyer acknowledges and agrees that the submission and acceptance of Preliminary Offers shall in all cases be governed by the rules of the Promotion in force.
5.2.5 The Buyer and its Users may not manipulate the price of the Vehicles advertised in the Auction and may not interfere in any way with the bids made by other Buyers/Bidders.
5.2.6 For a valid offer and the "buy now" option, the conditions described below are required:
- to make an offer or to qualify for the "Buy Now" and "Live License" options, the bidder or immediate purchaser (Buyer) must have a deposit per vehicle in a bank account of Atrium Auto LLC in the United States of America in USD currency with the following details. The deposit may be made by wire transfer or credit card.
- Live Bidding*: in Live Bidding, usaautolicit represents the highest bidder
Bank details to place a bid:
Beneficiary name: Atrium Auto LLC
Bank Name: Community Federal Savings Bank
Bank Account Number (USD): 8220 0026 2728
- the deposit amount serves as collateral and the minimum deposit amount is USD 500 or 20% of the amount indicated in the "bid" or "buy now" option.
188.8.131.52 Amounts made available by way of deposit under clause 5.2.6 of this document are NOT included in the purchase price of the vehicle.
5.2.7 Legal status of the deposit (security)
184.108.40.206 The security amount detailed in point 5.2.6 must be paid for each tender. In the event of a successful bid and a successful spot purchase option as described in clause 220.127.116.11, it shall neither form part of the purchase price nor be included in, nor form part of, any other payment obligation. The deposit amount paid by the Buyer shall be returned to the Buyer if the Buyer has taken delivery of the purchased vehicle and all additional costs have been settled (see clause 6.2). The deposit amount will be refunded to the Buyer within a maximum of 14 banking days after the vehicle has been taken over and any other additional costs have been paid. The refund of the deposit amount is not an automatic process and must always be requested by the Buyer under the "PERSONAL PROFILE" section of the USAAUTOLICIT.COM website (www. usaautolicit.com). For each refund, USAAUTOLICIT.COM is entitled to deduct a maximum of USD 50 per refund as a bank charge for refunds made by bank transfer. For credit card refunds, USAAUTOLICIT.COM will deduct USD 0.95 (95 cents) + 4.8% of the purchase price from the refundable deposit amount as a bank charge per refund. The deposit amount will be refunded to the Buyer's bank account from which the Buyer transferred the deposit amount.
18.104.22.168 However, if the bidding or the spot purchase option is unsuccessful, the Buyer may choose to leave the security already paid in the USAAUTOLICIT.COM bank account and use it in a subsequent auction or add to it if the value of the subsequent bid or spot purchase amount in % requires it.
22.214.171.124 In the event of an unsuccessful bid or an immediate purchase option, the Buyer may also choose to reclaim the security deposit already paid from USAAUTOLICIT.COM. The Buyer acknowledges and accepts this procedure by signing these GTC.
6. PAYMENT TO USAAUTOLICIT.COM OF THE FULL PURCHASE PRICE AND ALL RELATED COSTS AND FEES
6.1 For each vehicle purchased, or in the case of a successful auction, the Buyer has 2 working days to pay the full purchase price and all related costs and fees, subject to clause 5.2.7.
6.2 Fees and charges over and above the total purchase price
a) Auction facility fees:
b) USAAutolicit service fee:
c) Internet usage fee:
d) Gate fee:
e) Document handling fee:
*VAT (if applicable).
The VAT contents in force at the date of issue of this document in the countries listed below as examples are as follows:
- Hungary: 27%
- Netherlands: 21%
- Germany: 19%
*Please ask in advance about the VAT content of other countries.
For private Buyers, VAT is payable in the country of customs clearance.
e) VAT content in the USA:
ea) It is important to inform you that in the USA some Member States charge sales tax on the transaction, which VAT content is always included in the invoice issued to the Buyer. Non-resident, i.e. international, buyers are entitled to a sales tax refund, which they can claim in a separate procedure if they have proof that the goods have left the territory of the USA. To apply for a sales tax refund, please provide the following documents and information:
- Bill of lading (from the auction yard to the US port)
- Bill of lading (from US port to final destination port outside the US)
Your sales tax refund claim will be recorded in your personal account once the documents have been verified.
eb) If you are purchasing a vehicle in Michigan, Arizona or Washington states, please contact email@example.com for more information. When the winning bid is confirmed, you can request the necessary documents for a sales tax refund at the address indicated. For these three Member States, the purchase of a 'travel permit' is compulsory before the vehicle can be picked up for transport from the auction yard.
f) Transport Fees
A calculator is available on each vehicle's advertising page to help you calculate the approximate cost of transport. Please note that the amount calculated by the calculator is for information purposes only. To request an exact quote for delivery, please contact our staff and the exact quote can be obtained by clicking on the link in the reply email sent by the staff member, where you can also place the final order.
g) Customs Clearance Fees
If the Buyer decides to entrust USAAUTOLICIT.COM with the customs clearance of the purchased vehicle, the Buyer shall undertake this procedure by separate authorisation and mandate, for an administration fee of 350 EUR + customs clearance costs and VAT costs and a forwarding agent fee of 650 EUR per occasion. The Forwarder's fee includes the cost of unloading and the preparation of the necessary documents.
At the date of this document, the contents of the Tariffs and Customs Union in force in the countries listed below as examples are as follows, based on the invoice value on entry into the EU:
- passenger car: 10%
- lorry: 22%
- motorcycles (except Harley Davidson): 6%
- Boat and jet ski: 1.2-2.2%
*Please inquire in advance about the VAT content of other countries.
Customs duties are payable in all cases. Vehicles older than thirty (30) years for private individuals are NOT subject to customs duty, they are only subject to the 9% VAT payment already described.
IMPORTANT information is that the invoice value is NOT the purchase price of the vehicle, but the purchase price plus the delivery charge and the amount of the transport insurance (the latter is not compulsory but recommended) and is based on the relevant Customs tariff.
USAAUTOLICIT.COM informs the Buyer that all vehicles exported from the US or Canada may be inspected by US or Canadian Customs at any time. USAAUTOLICIT.COM reserves the right to pass on to the Buyer for payment any customs inspection fees in the USA or Canada and in the country of destination. USAAUTOLICIT.COM shall not be liable for non-payment of these fees.
If the Buyer orders the transport only to the German or Dutch port, in that case, the storage of the vehicle is free of charge for 5 days from the date of the customs documents, after which it is 50 EUR per day started, or storage is possible at the USAAUTOLICIT.COM premises in Germany in case the Buyer is not able to collect the vehicle immediately after arrival at the port. The storage on the premises in Germany will be charged at 50 EUR/day.
SALES OF USAAUTOLICIT.COM
7.1 Confirmation of USAAUTOLICIT.COM SALES
7.1.1 If the Buyer's offer is the best offer considering all offers in accordance with paragraph 5.1.3 and USAAUTOLICIT.COM actually has the opportunity to purchase the Vehicle(s) in question from the Seller and, USAAUTOLICIT. COM elects to accept the Offer pursuant to Paragraph 5.1.3, USAAUTOLICIT.COM will sell the Vehicle(s) in question to Buyer ("USAAUTOLICIT.COM Sale"). The Vehicle(s) shall be sold at the Offered Price plus the costs detailed in Section 6.
7.1.2 In such event, USAAUTOLICIT.COM will inform Buyer of the USAAUTOLICIT.COM Sale and Buyer shall confirm the administrative shipping details through the Platform within twenty-four (24) hours (one business day) of receipt of such information ("USAAUTOLICIT.COM Sale Confirmation"). The Buyer expressly acknowledges and agrees that the USAAUTOLICIT.COM Sales Confirmation is an administrative formality necessary for delivery and is in no way an opportunity for the Buyer to withdraw its Offer and/or otherwise cancel the USAAUTOLICIT.COM Sales.
7.1.3 In the USAAUTOLICIT.COM Sales Confirmation, the Buyer must confirm the country of destination of the Vehicle(s) purchased. All costs, expenses, taxes and any other consequences arising from the selection of the destination country shall in all cases be borne by the Buyer. USAAUTOLICIT.COM shall not be liable for any Loss incurred by the Buyer due to the destination country selected.
7.1.4 Payment and Billing of USAAUTOLICIT.COM Sales
7.1.5 For each USAAUTOLICIT.COM Sale, the costs detailed in Section 6 (collectively, the "Total") will be added to the Offered Price and paid by the Buyer. The fees include VAT (if any) payable in the country in which the USAAUTOLICIT.COM Sales are invoiced.
7.1.6 At the time USAAUTOLICIT.COM informs the Buyer of the fact of the USAAUTOLICIT.COM Sale pursuant to paragraph 7.1.2, USAAUTOLICIT.COM will provide the Buyer with two separate Fee Requests. One will cover the purchase price and purchase fees (costs and fees detailed in Section 6), and the other will cover the delivery charges. Buyer shall ensure that the purchase price and the fees and charges set forth in Section 6 are credited to USAAUTOLICIT.COM's bank account no later than forty-eight (48) hours (counting only Business Days for purposes of determining this) after receipt of the USAAUTOLICIT.COM Sale.
7.1.7 Once the final payment has been received in the USAAUTOLICIT.COM bank account, USAAUTOLICIT.COM will issue a separate invoice for each USAAUTOLICIT.COM Sale.
DELIVERY OF VEHICLES AND VEHICLE DOCUMENTS
8.1 General Terms
8.1.1 Delivery of the Vehicle will be arranged and carried out by USAAUTOLICIT.COM or its agent, or by the Buyer itself, on the basis of an order placed by the Buyer, subject to the restrictions set out in paragraph 1(b) of this document.
8.1.2 Vehicles must be shipped only to the destination country indicated on the USAAUTOLICIT.COM Sales Confirmation. In the event of delivery by USAAUTOLICIT.COM or its agent, Buyer shall be responsible for, and Buyer shall indemnify USAAUTOLICIT.COM for, any losses incurred as a result of delivery of the Vehicle to a country other than the country of destination indicated on the USAAUTOLICIT.COM Sales Confirmation. Any defects, inaccuracies or additional costs incurred in connection with the delivery arranged by the Buyer shall be the sole responsibility of the Buyer and any claim against the Supplier shall be initiated and paid by the Buyer.
8.1.3 If Buyer designates USAAUTOLICIT.COM as the destination for delivery of the Vehicle, Buyer shall pick up and deliver the Vehicle within 5 days. If Buyer fails to pick up and deliver the Vehicle within 5 days, a storage fee of $50 per day will be charged thereafter. In the event of a delay of more than 10 days, USAAUTOLICIT.COM shall be entitled to resell the Vehicle and to recover its damages from the amount received.
8.1.4 Once the documents for the Vehicle have been sent, ownership of the Vehicle is transferred to the Buyer. Ownership does not transfer to the Buyer upon receipt, but only after USAAUTOLICIT.COM has approved the FCMR (delivery document). Liability for the Vehicle shall pass to Buyer upon the earliest of (i) Buyer's acceptance of the Vehicle; or (ii) the expiration of the two (2) week period (or such shorter period as may be specified in the acceptance permit) from the date of receipt of the acceptance permit.
8.2 Delivery of Vehicles Organized by USAAUTOLICIT.COM
This paragraph applies where USAAUTOLICIT.COM arranges the delivery of the Vehicles (in addition to the GTC available on the USAAUTOLICIT.COM Platform).
8.2.1 The transport costs shown on the Platform are estimates only, the actual transport costs are influenced by a number of factors, including without limitation the exact location and type of Vehicle. The prices shown on the Platform are net prices.
8.2.2 USAAUTOLICIT.COM will not arrange delivery of the Vehicle until the Final Payment is received in USAAUTOLICIT.COM's bank account; and the Seller releases the Vehicle.
8.2.3 Delivery times and dates made by or on behalf of USAAUTOLICIT.COM are estimates only and are not binding. USAAUTOLICIT.COM shall be liable for delays in delivery only in the event of fraud or other intentional criminal acts committed by it and established by a court of law. Delay in delivery of the Vehicle does not authorize Buyer to refuse to accept delivery of the Vehicle.
8.3 Proof of Delivery and Vehicle Documents
8.3.1 Transport within the Community or from a Third Country
For shipments within the Community or from a third country, Buyer shall provide USAAUTOLICIT.COM with all properly completed documentation and Shipping Documents for the Vehicle and the country of destination.
The Buyer acknowledges and agrees that:
(i) regardless of whether the shipment was arranged by or on behalf of USAAUTOLICIT.COM, in the event that USAAUTOLICIT.COM has any doubt as to the authenticity or completeness of the Shipment Documents submitted by Buyer, USAAUTOLICIT.COM reserves the right to withhold the Vehicle Documents until such time as Buyer proves the validity of the documents beyond a reasonable doubt;
In the case of importation, the Buyer must submit to USAAUTOLICIT.COM all duly completed documentation and import documents relating to the Vehicle and the country of destination.
In the case of import, USAAUTOLICIT.COM will request a guarantee per Vehicle imported from non-EU countries until the required import documents are received, in an amount equal to the amount of VAT payable in the country where USAAUTOLICIT.COM is established and where USAAUTOLICIT.COM invoices the Sale. The amount of the guarantee will be indicated separately on the order form.
8.3.3 USAAUTOLICIT.COM shall not be liable for any Loss suffered by Buyer due to or arising out of incomplete documentation of the Vehicle (including, without limitation, failure to register the Vehicle).
8.4 Sending the Documents for the Vehicle
USAAUTOLICIT.COM will send the documents to the designated forwarding company, which can be picked up with the vehicle. USAAUTOLICIT.COM will send the documents to the Forwarder after it has received and checked the proof of delivery and has received the full amount of the increased purchase price. The Buyer assumes full responsibility to report the purchase to the authorities. In no event shall USAAUTOLICIT.COM's liability extend to damages resulting from the Buyer's negligence or fault.
8.5 For overland transportation from the auction site to be arranged exclusively through USAAUTOLICIT.COM, the vehicle must be picked up from the auction site by the Buyer or its agent within the time period specified by USAAUTOLICIT.COM, i.e., on the day of the winning bid notification, the Buyer must order at least overland transportation from USAAUTOLICIT.COM. In all cases, USAAUTOLICIT.COM will send the Buyer the deadline for removal of the vehicle from the premises in the enclosure of the purchase price. The exact amount of the transportation from the auction facility to the premises will also be sent to Buyer in the Buyer's Fees Annex.
8.6 When ordering transportation, whether ordering full transportation via USAAUTOLICIT.COM or ordering ground transportation only, in addition to the shipping charge, Buyer shall in each case pay to USAAUTOLICIT.COM a security deposit of USD 500 as a fully refundable security deposit, which Buyer shall pay to USAAUTOLICIT.COM by credit card at the time of ordering transportation. The security deposit of USD 500 will be held in the account of USAAUTOLICIT.COM only until the export certificate (Bill of Lading) is presented.
8.7 USAAUTOLICIT.COM declares and the Buyer accepts that USAAUTOLICIT.COM shall not be liable for any damage or delay in delivery. USAAUTOLICIT.COM informs the Buyer that it has the option to take out comprehensive marine insurance in connection with the carriage of the vehicle for an additional charge. Please consult your adviser or the transport company for these options.
9.1 The Buyer acknowledges and agrees that he/she is acting as a professional car dealer or as an individual with a thorough knowledge of the used car market and the typical problems associated with used cars. If, however, the Buyer does not have a thorough knowledge of the used car market, it is still his sole responsibility to gather as much and as thorough information as possible about the vehicle, its type and any type defects or other visible or hidden defects that may exist. USAAUTOLICIT.COM is not responsible for the data, information, accuracy, or photographic information contained in the vehicle data sheet. The Buyer acknowledges that the information contained in the vehicle data sheet is for informational purposes only and is aware that, despite best efforts to provide accurate procedures and information, errors and conflicting information may occasionally appear in the system. Before purchasing a vehicle or related service on USAAUTOLICIT.COM, the Buyer is required to confirm any information (including the purchase price and related fees and charges) that may affect or be affected by his/her purchase decision. USAAUTOLICIT.COM disclaims all warranties, express or implied, with respect to any vehicle offered for sale on USAAUTOLICIT.COM (including warranties of title and non-infringement), or any related services offered on this site.
9.2 Buyer acknowledges and agrees that any statement or term in the vehicle information database that a vehicle is equipped with a particular part (including, but not limited to, the term "Keys: YES") shall mean that the indicated part was recorded upon arrival at the auction facility of sale, but that fact shall not be a guarantee that such part will actually be available for bidding or purchase. USAAUTOLICIT.COM, having no direct or indirect control, assumes no responsibility for any part that may be marked but is actually missing.
9.3 Buyer acknowledges and agrees that any statement or term in the vehicle information database that a vehicle is in RUN&DRIVE status means that the vehicle has started, has been started (with or without jerking) and has been put into gear and is moving under its own power upon arrival at the auction facility. However, this fact does not guarantee that the vehicle can do so again at any time thereafter, or that the vehicle is roadworthy. USAAUTOLICIT.COM, having no direct or indirect control over the vehicle, assumes no responsibility for the operability or merchantability of the vehicle.
9.4 The Buyer acknowledges and accepts that USAAUTOLICIT.COM's commercially favorable offers in connection with the Platform and related services make it impossible for USAAUTOLICIT.COM to perform a detailed technical inspection of each Vehicle offered by the Seller and to assume any liability in this regard. Buyer acknowledges and agrees that all Vehicle information is based on information received from Seller.
To the fullest extent permitted by law, USAAUTOLICIT.COM shall not be responsible or liable for any loss suffered by Buyer due to or in connection with the inaccuracy or incompleteness of the Vehicle Information (including, but not limited to, mileage, damage, technical defects, optional extras, color, year of manufacture, date of first registration, etc.).
9.5 Depending on the Vehicle, the Vehicle Information may contain one or more types of information, which must be clearly displayed on the Platform. These may include the following:
Vehicle information provided by the Seller.
Reports and photographs from external third parties.
This information was/may have been created at different times and therefore does not always accurately reflect the condition of the Vehicle at the time of sale.
After registration, the Buyer has access to the Vehicle Information to make an informed decision to purchase the vehicle or to participate in the auction. He/she acknowledges that USAAUTOLICIT.COM does not have any additional information on the vehicle in question beyond the information that the Buyer is aware of, and therefore accepts that if, after the purchase and/or takeover, it becomes apparent that the Vehicle Information available on the Platform did not provide a satisfactory picture of the actual condition of the vehicle, any damage/loss resulting from discrepancies shall not be considered the responsibility of USAAUTOLICIT.COM. COM, which also excludes its liability for the provisions of this paragraph, which the Buyer acknowledges and accepts.
Atrium Auto LLC shall not be liable in the event of any inconsistency or ambiguity between the vehicle description provided on the Platform and any other vehicle information or description. The Buyer acknowledges and accepts that the responsibility for any inconsistencies or ambiguities lies with the Buyer and will use its best efforts to research and verify the information available to it and make an informed decision based on that information.
Limited liability (warranty)
10.1 The Buyer acknowledges that the Platform also advertises damaged and/or technically damaged and/or crashed vehicles and that when selecting a particular vehicle, the Buyer pays particular attention to this information and makes his/her offer/personal purchase with this in mind and declares that he/she will not subsequently invoke these reasons against USAAUTOLICIT.COM or the Seller for defective performance or damages.
10.1.1 USAAUTOLICIT.COM does not guarantee that on the day of delivery, the vehicle will conform to the specifications in the vehicle description available on the Platform (see provision 9.6.3). If and to the extent that the vehicle does not comply with these conditions, the Buyer may, at its own expense and in its own proceedings, as the entitled party, claim damages against the dealer (Seller) that advertised the vehicle, including for defective performance, in accordance with the applicable provisions of law (private international law).
COMPLIANCE AND COMPLAINTS
11.1 When the Vehicle is delivered, the Buyer must bear in mind the fact that he/she has purchased a used Vehicle; the mileage of the Vehicle; and the date of the first registration of the Vehicle. The Buyer further acknowledges that all sales made on the Platform are final and that there is no legal basis for any compensation or refund from USAAUTOLICIT.COM. By purchasing a vehicle, the Buyer acknowledges that the vehicle was purchased on an "as is, where is" basis, with all of its possible "All faults (whether known or latent)", without warranty of any kind (express or implied), including without limitation the eligibility or condition of the vehicle for any sale or use for any other purpose.
11.2 The damages shown on the vehicle's advertisement page fully reflect the damages that the seller disclosed to USAAUTOLICIT.COM at the auction or that were otherwise known to USAAUTOLICIT.COM at the time of the auction. Accordingly, Buyer agrees that:
(1) USAAUTOLICIT.COM expressly makes no representations, warranties or guarantees as to the accuracy of the completeness of the damage information or the condition of the vehicle. Such information is provided and may be provided only by the Seller and the Seller assumes all legal consequences, if any.
(2) USAAUTOLICIT.COM does not represent, warrant or guarantee that this vehicle is in a condition suitable for public road use, mechanically sound, fit for use as a means of transportation, or in compliance with applicable local, state, federal or third country laws and regulations (including emission standards):
(3) Buyer assumes the risk that the vehicle may have latent, hidden or undisclosed damage or other problems not immediately apparent or discoverable that may affect its value; and
(4) It was Buyer's sole responsibility to ascertain, confirm, inspect, inspect and test this vehicle and all related vehicle information prior to purchase.
The vehicle described above is purchased "AS IS", "WHERE IS" and "WITH ALL FAULTS" and USAAUTOLICIT.COM hereby expressly disclaims any and all other terms. To the extent permitted by applicable law, Buyer agrees that USAAUTOLICIT. COM shall in no event be liable to Buyer or any other third party (whether jointly or severally) for any (A) direct, incidental, special, consequential, or punitive damages, (B) loss of use, profit, or revenue, or (C) costs and expenses (including without limitation attorneys' fees) arising out of any claim, demand, dispute, or action, other than willful misconduct, relating to the vehicle identified herein.
11.3 Buyer expressly acknowledges, agrees to be bound by and agrees that, in addition to the provisions of the preceding paragraphs of this Chapter 11:
11.3.1 USAAUTOLICIT.COM does not represent, warrant or guarantee that this vehicle is legally registrable in any state or country, and due to differences in applicable state or third country laws, vehicles listed and/or purchased with "clean" or "lien-free" or other similar title document designations may have exempt histories and/or be exempt, reconstructible or otherwise classified upon registration in my state or any other state or country.
11.3.2 Buyer acknowledges and agrees that USAAUTOLICIT.COM does not represent, warrant or guarantee the accuracy or completeness of the Vehicle Information or Auction Checks included in the Auction List.
11.3.3 The Buyer acknowledges and agrees that the vehicles advertised and/or purchased may require significant repairs at the Buyer's expense, regardless of the amount of any "Repair Estimate" or "Repair Cost" that may appear in the details of the auction item.
11.3.4 The Buyer expressly accepts all risks of loss and liability in connection with the delivery, repair and registration of the vehicle.
11.3.5 Buyer, in addition to acknowledging the existence of the above, expressly agrees to indemnify, hold harmless USAAUTOLICIT.COM from and against any and all claims, including, but not limited to, any and all losses, liabilities, damages and expenses (including attorneys' fees) arising out of or in any way connected with injuries, property damage or any other occurrence involving the vehicle (including, without limitation, any subsequent sale, transfer or other disposition).
12.1 To the fullest extent permitted by applicable law, USAAUTOLICIT.COM shall not be liable for any direct, indirect or consequential damages of any kind, including, without limitation, damages for business interruption, claims against third parties, and loss of profits, anticipated savings or goodwill.
SUSPENSION AND WITHDRAWAL OF SUSPENSION
13.1 The Buyer has no right to cancel any USAAUTOLICIT.COM purchase/successful bid or order for delivery of the vehicle at its sole discretion.
13.2 If the Buyer fails to comply with these Terms and Conditions, the Buyer acknowledges and agrees that, without prejudice to USAAUTOLICIT.COM's statutory or other rights and remedies set out in these Terms and Conditions, USAAUTOLICIT.COM reserves the right to suspend, temporarily or permanently, the Buyer's access to and use of the Platform in any manner. In such event:
13.2.1 USAAUTOLICIT.COM will use reasonable efforts to inform the Buyer of the suspension; and
13.2.2 USAAUTOLICIT.COM may, at its sole discretion, decide to release the suspension of the Buyer's access after the verification and validation process has been completed.
13.3 If, notwithstanding paragraph 13.1, the Buyer wishes to cancel a valid offer or purchase, the Buyer must notify USAAUTOLICIT.COM in writing or by email. The Buyer acknowledges and agrees that USAAUTOLICIT.COM may, in its sole discretion, refuse or permit such cancellations. If USAAUTOLICIT.COM permits Buyer to cancel a USAAUTOLICIT.COM sale, Buyer will lose the deposit paid as security.
INVOICING AND PAYMENT
14.1 This paragraph shall apply to all fees and costs that USAAUTOLICIT.COM may legitimately claim from the Buyer in connection with the sale conducted by it or under the General Terms and Conditions.
14.2 Unless otherwise indicated, the fees, costs and amounts indicated on the Platform and in these Terms and Conditions are in all cases expressed in net USD.
14.3 The Buyer acknowledges and agrees that invoicing will be done by means of E-Invoices and that the Buyer will not receive a paper invoice. The Buyer acknowledges and agrees that it is in any case responsible for complying with the applicable legal requirements for the receipt and storage of E-Invoices.
14.4 If the Buyer wishes to change its billing preferences after the first USAAUTOLICIT.COM Sale, the Buyer must contact USAAUTOLICIT.COM and indicate its intention to do so.
14.4.1 Within the applicable payment period, USAAUTOLICIT.COM shall be entitled to claim interest from Buyer on any unpaid amounts, without prior notice, at the rate of interest determined by applicable local law (Florida State (U.S.).
14.4.2 If the Buyer owes a debt to USAAUTOLICIT.COM, USAAUTOLICIT.COM, as the holder, may, without prior notice, retain the vehicle owned by the Buyer in accordance with the applicable legal provisions, up to the amount of the outstanding debt and until payment thereof.
15.1 In the event that payment for the vehicle does not arrive in Atrium Auto's account within five (5) calendar days of the date of sale, Buyer agrees that Atrium Auto may, in its sole discretion, cancel the sale and re-auction the vehicle at the auction facility. The buyer agrees to pay Atrium Auto LLC $ 800.00, or 20% of the sale price, whichever is higher, as a re-listing fee. This fee will be deducted from the prepaid security deposit by Atrium Auto. If this is not possible, the buyer authorizes Atrium Auto LLC to debit the registered credit / debit card with the appropriate amount. If payment is denied, the buyer must make that payment by direct bank transfer, in which case the buyer has two (2) business days to make the payment during which membership is suspended. Buyer is responsible for all collection costs, including attorneys' fees and court costs. Relist fee must be paid by wire transfer only. In the event that you fail to pay the Relist Fee by wire transfer within the time specified, this Relist Fee will be taken from your Security Deposit paid in advance to Company. Even if your Security Deposit is utilized for the Relist Fee, if you do not pay the Relist Fee by wire transfer within the time specified, you are still responsible for the balance of the Relist Fee, plus any collection costs, including court costs and reasonable attorney's fees. You agree that failure to pay all outstanding balances due on your account may result in your account being referred to a third party for collections purposes, with the addition of a Five Hundred Dollar ($500) collections fee to the original amount owed plus any other collection costs, including court costs and reasonable attorney’s fees. You agree to verify Relist Fees and relist dates prior to bidding on vehicles. If you cause excessive vehicles to be relisted, you are subject to suspension or revocation of your bidding privileges.
DATA PROTECTION POLICY
17.1 USAAUTOLICIT.COM may from time to time change, modify, add, or remove portions of these Terms and Conditions or portions thereof.
17.2 USAAUTOLICIT.COM will issue these amended or new Terms and Conditions upon seven (7) calendar days' notice. The Buyer expressly acknowledges and agrees that USAAUTOLICIT.COM may notify the Buyer of such changes or new Terms and Conditions by electronic means, including, for example, by email and/or notification through the Platform.
17.3 The amended or new terms and conditions shall be deemed to be accepted by the Buyer as of the date specified by USAAUTOLICIT.COM, unless the Buyer rejects these amended or new terms and conditions in writing within the specified time frame. In this case, USAAUTOLICIT.COM reserves the right to cancel these General Terms and Conditions with immediate effect, without any compensation, and to block the Buyer's access to the Platform.
18.1 USAAUTOLICIT.COM registers the access and use of the Platform. This access and use log shall be evidence that the Buyer has accessed and used the Platform, unless the Buyer can prove otherwise. The log and transaction files stored electronically by USAAUTOLICIT.COM serve as proof of electronic messages, connections, network operations and transactions between USAAUTOLICIT.COM and the Buyer. USAAUTOLICIT.COM will keep the data that it has been made aware of for the duration of the applicable legal period, but at least one year. The Buyer accepts the probative value of this data. This evidentiary opportunity shall not prevent the Parties from presenting their own evidence obtained by methods permitted by law.
18.2 Neither Party shall be liable for any damage or non-compliance or delay in compliance caused by force majeure, external cause or any other event beyond the control of USAAUTOLICIT.COM.
18.3 Unless otherwise indicated, the Buyer may send notices, claims and correspondence to USAAUTOLICIT.COM to USAAUTOLICIT.COM, BOCA RATON, FL 33429-1426, USA, P.O. BOX: 1426, or to the email address provided to the Buyer during registration for the Platform.
18.4 The Buyer and USAAUTOLICIT.COM are independent contracting parties and the relationship established by this Agreement shall not be considered a contract of agency or representation. No sale or obligation entered into by one party with a third party shall in any way bind the other party.
18.5 Under no circumstances may the Buyer assign these Terms and Conditions or any rights or obligations under them to another party without the written consent of USAAUTOLICIT.COM. USAAUTOLICIT.COM shall be entitled to assign these Terms and Conditions or the rights and obligations arising from them to any other member of USAAUTOLICIT.COM and/or any third party in connection with any corporate reorganization involving any member of USAAUTOLICIT.COM, including, without limitation, a corporate merger and/or acquisition.
18.6 If any part of these General Terms and Conditions becomes definitively invalid, the contracting parties shall, as soon as possible but not later than 15 days after the date of its invalidity, enforce that part in such a way that it reflects as closely as possible the original intention. If the invalidated part can no longer be enforced for objective reasons, it shall be deemed not to form part of these General Terms and Conditions by reason of its invalidity, which shall not affect or invalidate the other parts of these General Terms and Conditions.
18.7 These Terms and Conditions have been drafted in English/Hungarian and shall be interpreted and construed in accordance with the applicable laws of the State of Florida (USA), according to their English meaning. Any other translation of these Terms and Conditions is provided for the convenience of the Parties only and shall not be binding on either Party.
18.8 The rights and remedies specified in or relating to these Terms and Conditions may be waived only with the express written consent of the other Party. Such waivers shall be valid only in that specific case and only for the purposes stated.
The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and its protocols is excluded by the Parties.
The courts of Florida (USA) shall have exclusive jurisdiction to settle any disputes arising out of or relating to these Terms and Conditions and/or the USAAUTOLICIT.COM Sales.
These Terms and Conditions have been reviewed on 11.11. 2021.