BIDMAX.EU - Terms of Use

§1. Definitions

•BIDMAX – an online platform available at https://bidmax.eu operated by AutoFolwark import aut z USA i Kanady Karol Niewiadomy (VAT ID / NIP: 5532575488), hereinafter referred to as the "Operator".

•User – a natural person with full legal capacity or a business entity using the Service.

•Service – the BIDMAX online platform enabling Users to browse vehicle auctions, submit bidding requests and use functionalities related to importing vehicles from the USA.

•Auction House – external auction platforms operating in the United States, including but not limited to Copart, IAAI and other vehicle auction providers.

•Vehicle – a vehicle offered for sale through an Auction House.

•Deposit – a refundable amount paid by the User in order to confirm bidding capability and secure obligations arising from submitted Orders.

•Order – a bidding or vehicle purchase instruction submitted by the User.

•Account – an individual User profile within the Service.

§2. Nature of the Service and Acceptance of Terms

•BIDMAX is an online platform enabling Users to browse vehicle auctions and submit bidding requests for auctions organized by external Auction Houses.

•By using the Service, creating an Account, submitting a Deposit, placing an Order or participating in bidding, the User: fully accepts these Terms of Use, accepts the rules and regulations of the Auction Houses, and enters into an electronic services agreement with the Operator.

•The User acknowledges and understands the nature of purchasing vehicles from US auctions, including used, damaged, salvaged or "AS IS" vehicles.

•The Operator acts solely as an intermediary organizing the bidding and import process.

•The Operator does not become the owner of the Vehicle at any stage of the transaction unless explicitly stated otherwise.

•The vehicle purchase agreement is concluded directly between the User and the seller or Auction House.

§3. General Provisions

•These Terms govern the use of the BIDMAX Service.

•The Service may only be used in compliance with applicable laws and these Terms.

•BIDMAX is not the owner or organizer of the auctions presented within the Service.

•Vehicle data displayed within the Service is obtained from external Auction Houses and may contain inaccuracies, delays, omissions or errors.

•The Operator provides intermediary services related to bidding participation and vehicle import organization.

§4. User Account

•Creating an Account requires providing accurate and truthful information.

•The User is fully responsible for all activities performed using their Account.

•Sharing access to the Account with third parties is prohibited.

•The Operator may suspend or terminate an Account in the event of: violation of these Terms, suspected unlawful activity, providing false information, or actions detrimental to the Service or Operator.

§5. Deposit

•Participation in bidding requires payment of a Deposit.

•The Deposit is refundable.

•Detailed rules regarding Deposit amounts, blocking and refunds are described in the "How It Works" section available within the Service.

•The Deposit serves as security for all obligations and liabilities arising from the User's participation in auctions and Orders.

•If the User wins an auction and fails to complete payment for the Vehicle or any related fees, the Operator has the right to retain all or part of the Deposit.

•The Operator may deduct from the Deposit any amounts arising from the User's actions or omissions, including but not limited to: auction penalties, storage fees, port fees, transportation costs, damages incurred by the Operator, debt collection costs, and any other costs related to Order execution.

•If damages or liabilities exceed the Deposit amount, the Operator reserves the right to pursue additional claims against the User.

•Deposit refunds shall be made to the same bank account used for payment unless agreed otherwise.

•The Operator may refuse payments originating from third-party bank accounts.

§6. Auction Houses and External Rules

•The User acknowledges that auctions displayed within the Service are organized by external Auction Houses, including but not limited to Copart and IAAI.

•The User agrees to comply with all applicable Auction House rules and regulations.

•By placing an Order through the Service, the User confirms acceptance of all Auction House terms and conditions.

•The Operator is not responsible for actions, fees, restrictions, decisions or policy changes imposed by Auction Houses.

•The Operator is not liable for auction cancellations, reserve price changes, fee modifications, title issues or licensing restrictions imposed by Auction Houses.

•Auction House regulations may change independently from the Operator.

•Current Auction House terms are available on their official websites.

§7. Bidding Rules

•The User independently selects the Vehicle and determines the maximum bidding amount.

•By placing a bidding request, the User authorizes the Operator to participate in the auction in the Operator's own name but on behalf of the User.

•Winning an auction creates an obligation for the User to pay the Vehicle price, auction fees and all related costs.

•The Operator does not guarantee winning any auction.

•The Operator reserves the right to refuse Order execution, particularly in cases involving: licensing restrictions, technical issues, suspicious vehicle data, or impossibility or significant difficulty in executing the Order.

§8. Payments

•Payments related to Order execution may be made in USD, EUR or PLN.

•The User is obligated to make all payments on time.

•The User must have the ability to perform international bank transfers, especially in USD.

•Failure to make payment may result in: auction penalties, loss of Deposit, Order cancellation, and legal claims pursued by the Operator.

•The Operator may transfer to the User any costs charged by Auction Houses, carriers, ports, customs agencies or other third parties involved in the Order.

•Costs related to Order execution may change due to: exchange rate fluctuations, freight price increases, fuel price increases, changes in taxes, customs duties or excise, customs authority decisions, Auction House policy changes, and logistics cost increases beyond the Operator's control.

•The User accepts the possibility of additional costs beyond the Operator's control.

§9. Transport and Import

•The Operator may assist in organizing transportation of Vehicles from the USA to Europe.

•Transportation times are estimates only.

•The Operator is not liable for delays caused by: carriers, ports, customs agencies, weather conditions, force majeure, or logistics congestion.

•The Operator is not responsible for damage occurring during: inland transportation, loading, ocean freight, unloading, or storage.

•The User acknowledges that auction Vehicles may be damaged, salvaged or contain hidden defects.

§10. Limitation of Liability

The Operator is not responsible for:

•Discrepancies between actual vehicle condition and auction descriptions.

•Hidden defects, prior repairs, mechanical or electrical failures.

•Vehicle registration eligibility or compliance with local regulations.

•VIN report inaccuracies.

•Actions or omissions of Auction Houses or subcontractors.

•The User purchases Vehicles entirely at their own risk.

•All Vehicles presented within the Service should be treated as used Vehicles that may contain visible or hidden defects.

•The Operator provides no warranty or guarantee for Vehicles purchased through the Service.

•Cost calculators available within the Service are for informational purposes only and do not constitute binding offers.

•The Operator is not responsible for the User's purchasing decisions.

§11. Intellectual Property

•All rights related to the Service, including its structure, software, graphics and content belong to the Operator or cooperating entities.

•Copying, reproducing or using Service data without the Operator's consent is prohibited.

§12. Complaints

•Complaints may be submitted electronically to: contact@bidmax.eu

•Complaints should include: User information, description of the issue, and auction or Vehicle reference number.

•The Operator shall review complaints within 14 days.

§13. Personal Data

•The personal data controller is: AutoFolwark import aut z USA i Kanady Karol Niewiadomy (VAT ID / NIP: 5532575488). Personal data is processed solely for the purpose of providing services through the Service.

•Detailed information regarding data processing is available in the Privacy Policy.

§14. Final Provisions

•The Operator reserves the right to amend these Terms.

•The current version of the Terms is available within the Service.

•These Terms shall be governed by Polish law.

•Any disputes involving business entities shall be resolved by the court having jurisdiction over the Operator's registered office.

General Terms of Service (GTS)

§1. Nature of Services

•The Operator provides intermediary services related to participation in vehicle auctions and organization of vehicle imports from the USA.

•The Operator acts in its own name but on behalf of the User.

•The Operator is not the seller of Vehicles.

§2. Bidding Order

•Submitting a bidding Order authorizes the Operator to participate in the auction.

•The User agrees to cover: vehicle price, auction fees, transportation costs, port fees, customs clearance costs, taxes and duties, and any additional costs related to Order execution.

•The Operator may use subcontractors.

•The User acknowledges that Auction Houses may charge additional fees, storage fees, penalties and administrative charges independent from the Operator.

•Any costs imposed by Auction Houses resulting from the User's actions or omissions shall be borne by the User.

•The User confirms understanding of the risks related to purchasing used, damaged or salvaged Vehicles from US auctions.

§3. User Obligations

•The User agrees to: make timely payments, remain in contact with the Operator, provide truthful information, and cooperate in all matters necessary for Order execution.

•Failure to cooperate may result in Order cancellation.

§4. Liability

•The Operator is not liable for: Auction House actions, transportation price changes, delays, storage fees, currency exchange fluctuations, customs authority decisions, or transportation damages.

•The User assumes full risk related to purchasing Vehicles from auctions.

§5. Cancellations and Penalties

•Once an auction is won, the User may not cancel the purchase without financial consequences.

•In the event of cancellation or non-payment after winning an auction: the Deposit may be retained, and the User may be charged additional costs and penalties imposed by the Auction House.

•The Operator reserves the right to pursue compensation exceeding the Deposit amount.

§6. Final Provisions

•These GTS constitute an integral part of the Terms of Use.

•Matters not regulated herein shall be governed by Polish law.

•Any disputes shall be resolved by the court having jurisdiction over the Operator's registered office unless mandatory legal provisions state otherwise.

Terms of Use – BIDMAX