Auction Terms and Conditions

• The service is provided by the operator named in the Imprint (the Operator). These terms supplement autotrade360’s Terms and Conditions for the auction service, and are also the general terms of the sales contracts formed at the auctions; where the two differ, these govern the auctions.
• The auction service is for businesses only. Only a business entity or sole trader admitted by the Operator (an Auction Partner) may take part, and only in the course of its business: it buys vehicles for resale or for its own business use, or sells them in the course of its business. Consumers may not take part, so the rules protecting consumers — including the right of withdrawal and the consumer guarantee — do not apply.
• Whoever accepts these terms declares that they are entitled or authorised to represent the Auction Partner, and accepts them on its behalf.
• The contract is made electronically, in Hungarian. The Operator keeps the text of the version accepted, the time of acceptance, the person accepting and the statements on the highlighted terms, retrievable unchanged; the parties regard this as an agreement in writing (Section 6:7 (3) of the Hungarian Civil Code). The version in effect and earlier versions can be read on autotrade360’s legal pages. Input errors can be corrected before submission and before a bid is confirmed.

• The Operator provides an online platform on which Auction Partners may offer vehicles for sale and bid on the vehicles offered on it. In every sale formed at an auction the Operator acts in its own name: it buys the vehicle from the seller as buyer, and resells it to the buyer as seller. The seller and the buyer make no contract with each other: each is in contract with the Operator alone. The Operator is not an auctioneer or a commission agent, and represents neither Auction Partner.
• Two sales contracts are formed at an auction, as described below: one between the seller and the Operator, the other between the Operator and the buyer; in these terms the two together are the sale. Both contracts are formed for the same vehicle, at the same price, for the condition described in the listing and on these terms, and each shares the fate of the other: if under these terms one ends or is rescinded, or its price is reduced, the other ends or is rescinded too, or its price is reduced by the same amount. The provisions on the vehicle’s condition, inspection, complaints and liability apply to both contracts. The seller is responsible to the Operator for handing over the vehicle, for its condition matching the listing and for the documents, and for everything the Operator performs to the buyer on that account under these terms; the buyer is responsible to the Operator for paying the amount owed and taking delivery of the vehicle.
• The Operator does not examine or warrant the vehicles’ condition, origin, ownership and legal status, or the truth of the data and documents given, not even as seller in the contract with the buyer; the seller is responsible to the Operator for them (Auction listings, a–d). Nor does the Operator warrant the Auction Partners’ solvency or willingness to perform. Reviewing an application for access serves to ensure that identified businesses take part on the platform; it is not a credit check and no guarantee of a business’s performance.

• The auctions are anonymous. An auction listing does not show the seller’s name, contact details or anything else pointing to its business, and of the vehicle’s location it shows only the town and the country. The vehicle does not appear on the seller’s partner page, in its embeddable stock or in a search by seller. Bidders do not learn who the other bidders are either.
• The Operator does not disclose the seller and the buyer to each other — not after the sale is formed or paid either — unless the law, or a decision of an authority or a court, requires it to. Of the vehicle’s location the buyer learns only the town and the country; it receives the exact pickup address in Studio only if its own carrier collects the vehicle, and only once the amount owed has arrived. The seller does not receive the buyer’s name, contact details or delivery address: the carrier takes the vehicle from it and brings it to the buyer. The seller and the buyer deal with each other only through the Operator.
• The seller may not show its name, contact details, logo or anything else identifying it in the listing — its description, pictures, documents or links. The Operator may remove such content and reject the listing. Neither the seller nor the buyer may try to find out who the other is, or contact it by going around the platform.
• Anonymity does not extend to what performance may necessarily reveal: the vehicle’s documents and the transport documents may show, as the law requires, the registered owner and the place of loading, and at a collection by the buyer’s own carrier the seller learns the details needed to identify the carrier and the driver. Details learnt this way or any other way are governed by point a of Data and confidentiality.

• Access is applied for in Studio, with the business’s details and the documents asked for. The Operator decides on the application at its discretion and gives the reason for a refusal. There is no entitlement to access.
• Access is granted for a fixed period and can be renewed. Once it ends the business can neither bid nor start a new auction; its obligations from sales already formed remain.
• For as long as it has access, the Auction Partner remains responsible for its details being true and up to date, and reports any change in Studio within eight days. Where details are false or a document is forged, the Operator may revoke access at once.
• The business itself decides, through Studio’s roles, which of its people may see auction prices, bid or sell. It answers for their acts as if they were its own: every bid and statement made from the business’s account is the business’s. Keeping sign-in details secret is the business’s responsibility.
• A business may auction a vehicle only once the Operator has identified it as a seller and it has given the bank account its payouts go to. The Operator carries out the identification when it grants access, from the application’s details; giving another account starts a new identification, and until it is complete the business may not submit a new auction listing.
• The Operator checks the EU VAT number given in the application in the European Commission’s VIES system, and keeps the result with the application. The result informs the decision on the application; a valid EU VAT number is a condition of a VAT-exempt intra-Community purchase.
• A buyer may pay a deposit of the amount the Operator publishes on the platform (not mandatory, but recommended) into the Operator’s account with the reference given. The Operator keeps the deposit without interest and uses it as point h of When a party does not perform says. The deposit can be asked back while the business has no purchase awaiting payment; the Operator transfers what it holds back to the business’s bank account.

• Only the owner of a vehicle, or a person entitled to sell it, may offer it. The seller warrants to the Operator that the vehicle is free of litigation, encumbrances and third-party claims, is not stolen, and comes with the papers needed to transfer its ownership — or states the contrary expressly in the listing.
• The seller describes the vehicle truthfully, with every material defect, damage and history it knows of. The answers on condition and history, the picture groups, and the documents and links uploaded are the seller’s statements, for which it is responsible.
• The seller is bound by the terms it set: if a bid reaches the target price, or if it accepts the highest bid or its counteroffer is accepted, the sale is formed and it must perform it.
• The seller holds the Operator harmless against every claim, fine and cost arising from its listing, the vehicle’s data or the circumstances warranted above being untrue.
• The Operator may look a listing over before it is published, but only for form: it takes no responsibility for the content being correct, and approval does not confirm the description.
• The seller sets the auction’s format, the starting price — which is also the minimum price —, the bid increment, the target price and the Buy Now price, and states whether the price is net or the vehicle is sold under the margin scheme. Bidders do not see the target; at most, whether the price has reached it. The Operator sets the auction’s start, its end and its extension rules when it approves the listing. The seller may withdraw an auction until it starts; it cannot stop a running one.
• Before submitting the listing the seller gives the vehicle’s plate, the registration certificate’s number and — where there is one — the title’s serial number, uploads a photo of the registration certificate and, where there is one, of the title — with personal data covered — states whether there is a certificate of conformity (COC) and what encumbers the vehicle, and uploads the proof of how it acquired it: the purchase invoice, the previous sales contract or the leasing closure. It declares the details and the photos true and answers for them. Admitted bidders may see the documents’ photos before bidding; only the Operator sees the acquisition proof, on which the transaction certificate it issues rests.

• Used vehicles are sold at the auctions, in the condition described in the listing and in which they are at closing (“as is”). The description, pictures and documents are the seller’s statements; the Operator does not check them and is not responsible for their being correct — in particular for the mileage, the accident and damage history, ownership and freedom from encumbrances.
• Both sales contracts — between the seller and the Operator, and between the Operator and the buyer — are made with the statutory warranty for defects (kellékszavatosság) excluded. This does not affect the seller’s liability for defects it knew of and concealed, or for the circumstances warranted in the listing being untrue. For a defect of the vehicle the buyer may act against the Operator through the complaint procedure (d–h); what the Operator performs to the buyer as a result of a complaint, it enforces against the seller in the contract with the seller.
• A bidding Auction Partner must examine the listing, the pictures and the documents with professional care before bidding. Where the vehicle can be viewed or examined by an expert and it does not do so, the risk is its own.
• If the vehicle deviates from the listing, the buyer may file a complaint within the inspection period (Payment and payout, i) — only in Studio, with photos and a description of the defect — saying whether it asks for a price reduction (with its amount) or for the sale to be rescinded. If documents are missing or defective, the buyer may file a complaint in Studio within two working days of their being sent (Payment and payout, h), naming the documents concerned. An objection by phone or email is not a complaint. Without a complaint the vehicle counts as accepted as described and the documents as in order; until the complaint is settled the payout to the seller does not fall due.
• The seller accepts the complaint in Studio within two working days, or rejects it with its reasons. By its acceptance the buyer’s request takes effect in both sales contracts: for a price reduction the price of both contracts is reduced by the reduction, the Operator refunds the reduction to the buyer and pays the reduced price, setting off the fees, to the seller; for a rescission point h applies and the seller bears the cost of the return transport; for the documents, point f.
• Where documents are missing or defective, the payout stays on hold until they are supplied. The seller gets the supplied documents to the buyer through the Operator, by tracked courier, and records the tracking number in Studio; if the complaint has been closed by then, the buyer checks the documents within two working days of the supply being recorded, after which they count as in order. If the seller does not supply the documents within ten working days of the complaint, the buyer may withdraw (When a party does not perform, g).
• If the seller rejects the complaint, or does not answer in time, the Operator decides on the complaint within five working days, on these terms alone: it pays the whole price to the seller, sets a price reduction, decides that the sale is rescinded, or orders the documents to be supplied. The decision applies alike to both sales contracts. No price reduction or rescission is granted for a defect shown in the listing, its pictures or its documents; for wear in line with the vehicle’s age and mileage, in particular of the tyres, brake pads and discs, wipers, bulbs and battery; for a defect arising after handover; or for a defect whose repair costs no more than the excess published in the fee schedule. The Operator may ask for an expert’s opinion. Until the decision the payout to the seller does not fall due. The seller answers to the Operator for the vehicle’s defects (The Operator’s role, b); the buyer’s further claims are governed by Limitation of liability and indemnity.
• If the complaint ends in the rescission of the sale, both sales contracts are rescinded: the buyer returns the vehicle and its documents as the Operator directs, and they go back to the seller; the cost of the return transport is borne by the Auction Partner the Operator’s decision names — the seller, where it accepted. Once the vehicle is back, the Operator refunds everything the buyer paid.

• Bids can be made only on a running auction, of at least the next minimum bid the platform shows. Before a bid is made the platform asks for a confirmation, and it acknowledges the bid’s receipt at once.
• Every bid, Buy Now and fixed-price purchase is the bidding business’s binding offer to buy the vehicle from the Operator, which cannot be withdrawn. The business stays bound by it after the auction closes, until the seller’s decision deadline but for at most seven days. The risk of a typing or handling mistake is the bidder’s.
• By setting an automatic bid the business instructs the Operator’s system to bid on its behalf, up to the amount set, whenever it is outbid. Bids made this way have the same effect as the business’s own.
• In an open auction bidders see the current price, and a bid in the last minutes before closing extends the auction. In a sealed auction everyone sees only their own offer until closing. In a fixed-price sale the vehicle goes to the first buyer. Buying at the Buy Now price or at a fixed price forms the sale at once and closes the auction.
• As to when and in what order bids arrive, the timestamp of the Operator’s system governs; a bid is valid once the system has accepted it. The Operator is not liable if a bid arrives late or not at all for a network, device or other technical reason.
• Bidding on one’s own or an affiliated business’s vehicle, collusion between bidders and anything else that influences an auction’s outcome are forbidden. The Operator may withdraw such a bid, cancel the auction and revoke the access of those involved.

• The sale — between the seller and the Operator, and between the Operator and the highest-bidding business — is formed at the price bid, if the bid reaches the target price, or if the seller accepts the bid under point b.
• If the highest bid does not reach the target price, or there is no target price, the seller and the highest-bidding business have one round of bargaining on the Operator’s platform: the seller may accept or reject the highest bid within the deadline the platform shows, or make one counteroffer. A counteroffer is a new offer: if the highest-bidding business accepts it in time, the sale is formed at its amount.
• If the seller or the buyer does not answer within the deadline, the auction ends without a result and no sale is formed.
• A sale is formed subject to the condition subsequent that the Operator does not later cancel the auction under its interventions below — for fraud, abuse or a technical fault.
• Both Auction Partners are told that the sale has been formed, with the sale’s reference; the buyer receives with it the Operator’s payment request for the amount owed. The payment request is not an invoice. Within 24 hours of the sale being formed the buyer chooses whether the Operator transports the vehicle or its own carrier collects it; without a choice, collection by its own carrier applies. The seller and the buyer follow the steps of performance — payment, transport, handover — in Studio.
• The Operator makes both sales contracts from the auction’s data, each in the language in which the Auction Partner concerned uses the platform and in English (in English alone where that is English); where the texts differ, the Hungarian text prevails, or the English one where there is no Hungarian; each names only the Operator and that Auction Partner. Each Auction Partner downloads its own contract from Studio, prints it and signs it by hand; it may upload a signed copy to Studio, but need not. The sale is formed under these terms without the signatures too. Before the documents are sent, the Operator issues a transaction and origin certificate for the vehicle, which attests the vehicle’s origin and the sale formed at the auction, not the ownership; it goes with the documents if the sale needs it.

• The buyer pays the amount owed — the price and the fees it bears — against the Operator’s payment request, in one amount to the Operator, to the bank account given in Studio, with the sale’s reference in the transfer, by the end of the second working day after the payment request is issued (Budapest time; a working day is a Monday to Friday that is not a public holiday in Hungary, or a Saturday made a working day). The Operator records when the payment arrives; the buyer need not report the transfer.
• Against the price due to the seller — the reduced price, where a complaint reduced it — the Operator sets off the fees the seller bears, and transfers the rest to the seller’s bank account given in its access application once the vehicle has been accepted (i), the check of the documents has ended (h) and the seller’s final invoice to the Operator has been uploaded. The Operator invoices the seller’s fees separately. If the seller’s fees exceed what can be paid out, the seller pays the difference against the Operator’s invoice.
• The Operator keeps a record of the money received from the buyer until it is paid out to the seller or refunded, pays no interest on it and uses it for nothing else. If the Operator cancels the sale, or the sale fails for a reason the buyer is not responsible for, the Operator refunds what the buyer paid — setting off fees and penalties the buyer owes under these terms that have fallen due.
• Unless agreed otherwise, ownership of the vehicle stays with the seller until the amount owed has arrived in full; after that it passes, through the Operator, to the buyer with the handover. The seller hands the vehicle over directly to the buyer’s own carrier or to the Operator’s carrier. Risk passes to the buyer at handover or, if the buyer does not take the vehicle at the agreed time, when the collection deadline expires.
• Handing the vehicle over is the seller’s task and cost; collecting it and transferring its registration are the buyer’s — except the transport, when the buyer orders it from the Operator (Fees, d). Studio’s performance steps — the transport choice, recording payment and handover — are a record; the Operator’s obligations are those these terms set.
• Invoicing works as follows: the seller invoices the Operator for the price (i); the Operator invoices the buyer for the price and the fees the buyer bears, and the seller for the fees the seller bears. VAT and every other tax, duty and customs charge are paid on both sales contracts as the law requires. The seller is responsible for the tax treatment it stated for the vehicle — net price or the margin scheme — being true, and for its invoice to the Operator matching it and the law; the buyer is responsible for the taxes, duties and customs charges it bears on acquiring and importing the vehicle. In a cross-border sale the export, re-registration and putting into service of the vehicle are for the buyer, except for the services ordered from the Operator (Fees, d).
• Both sales contracts are governed by Hungarian law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
• If the buyer’s registered office is in another country than the one the vehicle is registered in, the seller deregisters the vehicle by the end of the third working day after the payment arrives, and in any case before it is loaded, and uploads the proof to Studio; the vehicle leaves only then. Once the buyer has accepted the vehicle (i), the seller confirms the transport in Studio within two working days. The Operator then sends a courier which, by the end of the third working day after that confirmation, collects from the seller the vehicle’s documents — the title where there is one, the registration certificate, the spare key, the certificate of conformity (COC) if there is one, and the service book — and, if the sale needs it, the transaction and origin certificate, and takes the vehicle’s documents, with the papers needed to transfer its ownership, to the buyer; the Operator records the tracking number in Studio. Within two working days of their being sent the buyer checks the documents, and may say in Studio that it found them in order, or file a complaint (The vehicle’s condition, inspection and complaints, d); the payout is not due until then. In a domestic sale, once the documents have been sent, the seller reports the sale as the rules in force require, and the buyer starts the transfer of the registration within 15 days.
• When the Operator transports the vehicle, the carrier arranges the loading with the seller and the delivery with the buyer directly. The buyer inspects the vehicle and — for a vehicle sold abroad — the proof of deregistration at the unloading, and confirms the receipt in Studio by uploading the signed CMR; the vehicle then counts as accepted. If the vehicle deviates from the listing, the buyer files a complaint instead of confirming the receipt (The vehicle’s condition, inspection and complaints, d). When the buyer’s own carrier collects the vehicle, the buyer inspects the vehicle and — for a vehicle sold abroad — the proof of deregistration within two working days of its arrival at the buyer’s site; without a complaint filed in Studio within that time, the vehicle counts as accepted. By the end of the working day after the check of the documents has ended (h), the seller issues the final invoice for the price to the Operator with the details given in Studio, and uploads it; the Operator issues its own invoices as point f says.

• For the auction service the Operator may charge buyer and seller fees according to the fee schedule shown on the platform before bidding. A fee falls due when the sale is formed, and is not refunded if the sale is later not performed, changed or rescinded — unless the Operator cancelled the auction, the buyer withdraws because the deregistration is late or the documents were not supplied (When a party does not perform, f, g), or a complaint ends in the rescission of the sale (The vehicle’s condition, inspection and complaints, h).
• The Operator may change the fee schedule; sales already formed carry the fees in effect when they were formed.
• The buyer pays its fees to the Operator together with the price; the Operator sets off the seller’s fees against the price due to the seller. The Operator invoices the fees: to the buyer together with the price, to the seller on a separate invoice (Payment and payout, f). What cannot be settled that way is paid against the Operator’s invoice, by the deadline it states. Late payment bears interest under the Civil Code, and the Operator may suspend access until payment.
• Once the bid is won, the buyer may order in Studio the further services the fee schedule lists — such as the non-EU export document — and the vehicle’s transport by the Operator, and cancel them, until its payment has arrived. The Operator quotes the transport by the fee schedule, from the distance and the vehicle’s size and weight; for a vehicle that is not drivable it makes a custom offer. The services ordered and the transport are fees borne by the buyer, added to the amount owed.
• The fee schedule is in euro. For a sale in another currency the Operator converts the fees at the rate published on the platform when the sale is formed, and converts the services and the transport ordered later at the same rate.
• The fee schedule’s fees are net amounts; the amount owed and the payout include them without VAT. Where VAT is due on the fees, the Operator charges it on the invoice for the fees, and it is paid against that invoice.
• A document courier fee is payable on every sale, since the documents arrive by tracked courier. Where the buyer’s own carrier collects the vehicle, a handover fee is payable too, since the Operator provides the handover record and the photo check. Where the collection comes later than nine days after the payment, the buyer pays the fee schedule’s storage fee for each further day: the Operator charges it at the collection and bills it separately; it holds back neither the payment nor the payout due to the seller.

• A buyer who does not pay the amount owed in time or does not take the vehicle, and a seller who does not hand it over or hands it over not as described, are liable to the Operator. What the Operator pays to the other Auction Partner on account of the breach, the Auction Partner in breach reimburses to the Operator (Limitation of liability and indemnity, d). The Operator is liable to the other Auction Partner under these terms, within the limits of Limitation of liability and indemnity.
• If a sale that has been formed fails through a breach an Auction Partner is responsible for, that Auction Partner pays the Operator a penalty for non-performance (kötbér) of five per cent of the price, but at least HUF 200,000, or at least EUR 500 for a sale made in euro. The penalty is due on top of the fees; the Operator may claim damage beyond it — including what it reimburses to the other Auction Partner under point a.
• The Operator may suspend or revoke a non-performing Auction Partner’s access, and may weigh the breach when it later decides on its access.
• The seller and the buyer are not in contract with each other: they pursue their claims arising from the sale only against the Operator, under these terms. The Operator’s decision on a complaint (The vehicle’s condition, inspection and complaints, g) can be challenged as Complaints and disputes, a provides.
• If nothing of the amount owed has arrived by the end of the working day after the payment deadline, the sale ends: the Operator records it on the platform and tells both Auction Partners. The ending is the buyer’s breach, with the consequences of point b; the seller may auction the vehicle again.
• If the deregistration is not done in time (Payment and payout, h), the seller has a further two working days. If it is still not done when they end, the buyer may withdraw from the sale in Studio: the Operator refunds everything the buyer paid. The withdrawal is the seller’s breach, with the consequences of point b, and the costs of the delay — such as rescheduling the transport — are the seller’s.
• If the seller does not supply the documents a complaint reported as missing or defective within ten working days of the complaint, the buyer may withdraw from the sale in Studio: the Operator refunds everything the buyer paid, and the seller bears the cost of returning the vehicle. The withdrawal is the seller’s breach, with the consequences of point b.
• Where a sale ends under point e because the price was not paid, and the buyer paid a deposit (Auction access, g), the Operator takes the penalty of point b from the deposit, up to what it holds — for a sale in another currency than the deposit’s, at the fee exchange rate fixed for the sale. The buyer pays any penalty beyond the deposit separately.

• Where fraud or abuse is suspected, on a data error or a technical fault, under a legal obligation or for a breach of these terms, the Operator may reject or remove a listing; suspend, extend, reschedule or cancel an auction; withdraw a bid made by mistake or in breach of the rules; and suspend or revoke access.
• No sale is formed from a cancelled auction, and no bid binds anyone. Those affected are told of an intervention in Studio and by email, with its reason; a complaint can be made against it.
• The Operator owes no damages for its lawful interventions, including lost profit or other damage arising from them.

• The Operator aims for continuous operation, but does not warrant that the platform runs without interruption or error. Maintenance, a failure or a fault of an outside provider may make the service unavailable for a while.
• Where a technical fault affects an auction, the Operator may extend, suspend or cancel it. It is not liable — within the limits of the next section — for damage from technical faults, outages, or bids that are late or lost.

• To the fullest extent the law allows, the Operator is liable for damage caused in connection with the auction service and the sales formed at the auctions up to no more than the fees the injured Auction Partner paid for the auction service in the twelve months before the damage was caused.
• The Operator is not liable for lost profit, lost business opportunity, harm to reputation, or any other indirect or consequential damage.
• These limitations do not apply to damage caused intentionally or by gross negligence, or to a breach harming human life, physical integrity or health.
• The Auction Partner holds the Operator harmless against every claim, fine and cost brought by a third party — including the other Auction Partner — that arises from its listing, statement, breach or unlawful conduct, and reimburses the Operator’s reasonable related costs, including legal fees.

• For six months after an auction closes, an Auction Partner may not buy a vehicle it came to know at that auction from, or sell it to, another participant in the auction outside the platform, if it would thereby avoid paying the fees.
• If it does, the fee in the fee schedule is due to the Operator as if the sale had been made at the auction at the price paid outside the platform, and the Operator may revoke its access.

• If an Auction Partner learns the other Auction Partner’s details in any way — such as from the vehicle’s documents or during performance — it may use them only to perform the sale and to transfer the vehicle’s ownership, may not pass them on to a third party, and may not contact the other Auction Partner by going around the platform.
• Auction prices, bids and the documents open to bidders are confidential: an Auction Partner may not publish or pass them on.
• The processing of personal data is described in the Privacy notice. The intellectual property rules of autotrade360’s Terms and Conditions apply to listing content.

• An Auction Partner may end its access at any time; its obligations from sales already formed and from fees due remain.
• The Operator may end access with thirty days’ notice, giving its reasons. For a serious or repeated breach, suspected fraud or a legal obligation it may suspend or revoke access at once; it states the decision and its reasons.
• Termination does not affect the obligations on fees, penalties, indemnity and confidentiality, or the ban on going around the platform.

• A complaint against the Operator’s decisions — a listing rejected, an auction cancelled, a bid withdrawn, access suspended, a decision on a complaint about a vehicle — can be made in Studio or by email. The Operator decides on it within thirty days, giving its reasons.
• The parties first try to settle a disagreement by talking. These terms and the relationship with the Operator are governed by Hungarian law. Disputes arising from them are for the court of the Operator’s registered office, within its subject-matter jurisdiction.
• If any provision proves invalid, the rest remain valid; the invalid one is replaced by the valid rule closest to it.

• The Operator may change these terms; it publishes a new version at least fifteen days before it takes effect and tells the Auction Partners. A shorter time is enough if the change is required by law or is only to the Auction Partner’s benefit.
• A new version — its highlighted terms included, expressly — must be accepted; until then the business can neither bid nor start an auction. Silence is not acceptance. Sales already formed are governed by the version in effect when they were formed.

The terms below depart from what the law would otherwise provide, or from usual contractual practice. The Operator draws particular attention to them: when applying for access, and with every new version, the applicant accepts each of them expressly, one by one (Section 6:78 (2)–(3) of the Hungarian Civil Code). They are: the exclusion of consumer rules (Scope and parties, b); the Operator’s role as buyer and seller, the two sales contracts that share each other’s fate, and the seller answering to the Operator for everything the Operator performs to the buyer on account of the vehicle (The Operator’s role); the seller and the buyer kept undisclosed to each other, and the listing’s anonymity (Anonymous auctions); the seller’s warranties and indemnity (Auction listings, a–d); the exclusion of liability for the vehicle’s condition, the exclusion of the statutory warranty for defects in both sales contracts, the duty to examine, the complaint’s procedure and deadlines, and the Operator’s decision on a complaint (The vehicle’s condition, inspection and complaints); bids being binding (Bidding, b); payment to the Operator, the payout with the fees set off, the invoicing arrangements, and handover and taxes (Payment and payout, handover, ownership, invoicing, taxes); when fees fall due (Fees); the liability of an Auction Partner in breach to the Operator, and the penalty for non-performance (When a party does not perform, a–b); the Operator’s interventions and technical faults (The Operator’s interventions; The service’s availability); the limitation of liability and the indemnity (Limitation of liability and indemnity); and the ban on going around the platform.

• Operator — the provider named in the Imprint, the operator of autotrade360; in a sale formed at an auction, the buyer of the vehicle from the seller and its seller to the buyer.
• Auction Partner — a business admitted by the Operator with auction access.
• Seller, buyer, sale — the seller is the Auction Partner offering a vehicle at an auction, which sells it to the Operator; the buyer is the Auction Partner that buys it from the Operator; the sale is the two sales contracts, each sharing the other’s fate, that the seller and the buyer make with the Operator, together (The Operator’s role, b).
• Bid — a bidder’s offer to buy the vehicle from the Operator; an automatic bid is one made on the business’s behalf, up to the amount it set.
• Minimum price — the starting price: the lowest price the seller set, below which no bid can be made; target price — the price at which the seller undertakes in advance to sell.
• Buy Now price — the price at which the vehicle can be bought at once during the auction.
• Studio — autotrade360’s workspace, where access is applied for, auctions are managed and performance is followed.
• Amount owed — the price and the fees the buyer bears, together, which the buyer pays to the Operator against the Operator’s payment request.
• Payout — the price due to the seller, after the fees the seller bears are set off, which the Operator transfers to the seller once the vehicle has been accepted (Payment and payout, b).