The global magazine and marketplace for classic car enthusiasts, by enthusiasts.
General terms and conditions of the private limited company PreWar PostWar Publishing B.V., located in Goedereede, registered in the Dutch Trade Register under file number 67510388.
Language and Precedence
This document is a translation of the Dutch version of the General Terms and Conditions. In the event of any conflict or discrepancy between the Dutch version and the English translation, the Dutch version shall prevail and govern the terms of use.
Welcome to PreWarCar.com / PostWarclassic.com and all other websites under PreWar PostWar Publishing B.V. (hereinafter referred to as "PreWarCar.com").
PreWarCar.com is an online platform used for the activities of PreWar PostWar Publishing B.V. The terms and conditions also apply to all other activities operated by PreWarCar.com and its affiliated companies. These terms are divided into three chapters: Chapter 1: Terms of Use, Chapter 2: Buyer Terms, and Chapter 3: Seller Terms. By using the website and/or any (online) platform of PreWarCar.com, you (the ‘user’) agree to be bound by the terms as outlined.
Definitions
The following words have the meanings assigned to them below, unless the context requires otherwise:
1.1 PreWarCar.com: The business PreWar PostWar Publishing B.V., located and registered in the Dutch Trade Register under file number 67510388, and all websites, (online) platforms, and applications under PreWar PostWar Publishing B.V., including but not limited to PreWarCar.com and PostWarClassic.com.
1.2 Online Platform: The websites and applications of PreWarCar.com, where sellers, buyers, and enthusiasts of classic and antique cars can interact, place ads, and offer their items.
1.3 Objects: The items and/or goods offered for sale on the online platform, including but not limited to (parts of) classic and antique cars and (motor) vehicles.
1.4 Seller: A private or professional seller using the online platform to offer or sell objects via advertisements.
1.5 Buyer: A consumer or professional buyer who has purchased or wishes to purchase an object from a seller by placing a bid.
1.6 Professional Seller: A person or business offering an object on PreWarCar.com for commercial, business, trade, or professional purposes. Consumer protection rights may apply when buying from professional sellers.
1.7 Private Seller: A person offering an object on PreWarCar.com for personal purposes unrelated to trade, business, or profession. Consumer protection rights do not apply when buying from private sellers.
1.8 Consumer: A person purchasing an object via PreWarCar.com for purposes unrelated to their trade, business, or profession.
1.9 User: Any individual or entity using the online platform, including visitors, advertisers, bidders, buyers, and sellers.
1.10 Account: Your PreWarCar.com account.
1.11 Applications: PreWarCar.com’s application program interfaces, including mobile, tablet, and other device applications.
1.12 Intellectual Property Rights: Rights such as patents, copyrights, trademarks, and database rights, relating to texts, images, designs, photos, videos, software, audiovisual material, and more. These may be owned by us, you, or third parties.
1.13 Advertisement: Seller advertisements, which can be placed on PreWarCar.com’s online platform for a fee or for free, including details about the object, its price (if applicable), and other relevant information.
1.14 Agreement: The purchase agreement entered into between the buyer and seller via PreWarCar.com’s online platform, where PreWarCar.com is not a party to the contract.
1.15 Highest Bid Platform: A specific feature offered by PreWarCar.com, where buyers can place bids on objects through temporary seller advertisements.
1.16 Bid: A binding offer made by a bidder to purchase an object on the highest bid platform for a specified amount, based on a temporary advertisement.
1.17 Bidder: A consumer or professional buyer placing a bid on a seller’s object on the highest bid platform.
1.18 Highest Bidder: The bidder who has made the highest bid when a temporary advertisement on the highest bid platform expires. The highest bidder will enter into an agreement with the seller if the bid meets the reserve price.
1.19 Reserve Price: The minimum price a seller is willing to accept for an object on the highest bid platform.
1.20 Terms of Use: The section of the terms that applies to all users of PreWarCar.com.
1.21 Buyer Terms: The section of the terms detailing the rights and obligations of all bidders and buyers.
1.22 Seller Terms: The section of the terms detailing the rights and obligations of all sellers.
1.23 Conditions: The collective term for the terms of use, buyer terms, and seller terms.
Article 1: General Terms of Use
1.1 These terms of use (Chapter 1), buyer terms (Chapter 2), and seller terms (Chapter 3) (collectively referred to as "the Terms") are legally binding agreements between you and us. The Terms apply to your use of our website, including but not limited to PreWarCar.com and PostWarclassic.com websites, any subpages and subdomains, mobile, tablet, and other device applications, and all associated services. The Terms also apply to all other services provided by PreWarCar.com, including its magazine.
1.2 The Terms govern browsing, bidding, advertising, buying, and selling on the online platform of PreWarCar.com. All users of the platform must accept these Terms and agree to be bound by them.
1.3 Certain sections of the Terms are divided into buyer terms (Chapter 2) and seller terms (Chapter 3).
1.4 The Terms are governed by Dutch law. All legal terms used in these Terms shall be interpreted in accordance with Dutch law.
Article 2: Additional Legislation
2.1 Use of the online platform may also be subject to other applicable national, EU, and international laws and regulations, and users are expected to comply with these. This includes:
a. Conditions for professional sellers. In certain cases, professional sellers may have their own terms and conditions. These terms may only apply if disclosed before a sale and are not in conflict with these general terms. In case of conflict, these general terms always take precedence over other parties’ terms.
b. Applicable laws and regulations. By using the online platform, you agree to comply with all applicable national, EU, and international laws and binding regulations related to bidding, offering for sale, and selling objects.
Article 3: Website Use, Policies, and Guidelines
3.1 Users agree not to upload, share, or distribute defamatory, offensive, obscene, threatening, misleading, or illegal content, or any content that infringes upon the rights of others or interferes with others’ ability to use PreWarCar.com pleasantly.
3.2 Although PreWarCar.com cannot monitor all content posted on the platform, it reserves the right to remove, relocate, or modify content it deems inaccurate or inappropriate.
3.3 PreWarCar.com has the right to communicate with users when content or advertisements must be removed or modified to comply with applicable laws or to protect the property or safety of users and advertisers. PreWarCar.com may remove such content in accordance with Article 3.2.
3.4 PreWarCar.com reserves the right to refuse access to the platform to any user suspected of violating the terms of use.
Article 4: Operation of PreWarCar.com
4.1 PreWarCar.com is an online platform that connects buyers, sellers, and enthusiasts of antique, classic, and vintage cars in the broadest sense. It provides the opportunity to post advertisements, offers a highest bid platform, and publishes an online magazine/newsletter.
4.2 PreWarCar.com connects buyers and sellers of objects and/or items but does not offer objects and/or items itself, except for the services it provides and products for marketing and promotional purposes.
4.3 PreWarCar.com is not the owner of the objects and/or items that are offered or sold on or through the online platform. Buyers and sellers are only brought into contact with each other and conclude a purchase agreement directly. PreWarCar.com is not part of the sales agreement.
4.4 PreWarCar.com acts solely as an online platform for placing advertisements. The platform does not act as an auction house, intermediary, broker, or representative of a buyer or seller. All transactions are exclusively and directly concluded between the buyer and the seller, without the involvement of PreWarCar.com. PreWarCar.com does not provide guarantees regarding the sale or the quality of the advertised objects.
Article 5: Registration and Account
5.1 Before a user can post advertisements and place bids on the highest bid platform, they must register with PreWarCar.com. The user must select a username (email address) and password.
5.2 Users guarantee that they provide complete and truthful information regarding their personal and/or business details. Users may not provide false information or impersonate another person and/or business.
5.3 PreWarCar.com reserves the right to refuse registration or the use of a username or specific user in cases where it is likely that the information provided, as described in Article 5.2, is incorrect, or when PreWarCar.com deems the provided information and/or details to be offensive or inappropriate.
5.4 The user is responsible for maintaining the confidentiality of their username and password and for all information and/or actions taken under their username and account. The user is also responsible for keeping their account details up to date.
5.5 Depending on the applicable laws and regulations, PreWarCar.com may require certain user information to be collected. The user agrees to provide such information promptly and accurately when requested by PreWarCar.com. Failure to provide the requested information may result in the temporary suspension of the account or a complete denial of access to the online platform.
5.6 PreWarCar.com may ask a user to verify their identity as part of the registration process and/or when placing advertisements. If the user’s identity cannot be successfully verified, PreWarCar.com may refuse registration and/or deny access to post advertisements.
5.7 If a user is a minor, meaning the user has not yet reached the legal age in their country of residence, PreWarCar.com assumes (and can rely on) that the user has created the account with the permission of a parent or legal guardian.
5.8 The user agrees to select an appropriate username. The chosen username must not be offensive, vulgar, or misleading. It must not infringe upon intellectual property rights or other rights of third parties. PreWarCar.com may refuse a certain username as described in Article 5.3 or ask users to change their username if it is identical to or closely resembles that of an existing user.
5.9 The user may delete their account at any time. However, PreWarCar.com reserves the right to refuse an account deletion request, for example, if there are still obligations (such as payment obligations) owed to PreWarCar.com.
5.10 PreWarCar.com reserves the right to refuse any account registration for placing advertisements on the online platform and/or highest bid platform at any time.
5.11 The user fully indemnifies PreWarCar.com against claims from third parties and will fully compensate PreWarCar.com for damages caused by failure to meet the obligations of this article, including reasonable legal fees.
Article 6: Personal Data
6.1 PreWarCar.com makes every effort to treat users' personal data with care and respect and to process it in a careful manner.
6.2 PreWarCar.com strives to protect all personal data adequately and monitors risks that may affect the security or integrity of the online platform and internal databases, as well as other risks, including fraud.
6.3 In addition to the applicable laws and regulations, the processing of data is subject to the privacy statement, which can be viewed on PreWarCar.com and, if desired, downloaded or printed.
Article 7: User Responsibility
7.1 The user is responsible for their account and uses the online platform at their own risk. This also applies to the use of technical means, such as a computer, phone, or internet connection.
7.2 All information published on the online platform about objects and/or offered products is provided by users. Although PreWarCar.com strives to verify the content of the information, it does not guarantee that the provided information is correct.
7.3 It is the user's responsibility to verify the information and request additional information if needed. If the user doubts whether the information is incorrect or incomplete, it is their responsibility to request additional details from the sellers.
7.4 Entering into and concluding a purchase agreement is entirely at the user's own risk and expense.
Article 8: Placing Advertisements
8.1 PreWarCar.com may charge a fee for placing an advertisement. Placing an advertisement does not guarantee a sale, agreements, or any other result. PreWarCar.com only has an obligation to make advertisements visible on the platform, without any obligation for a specific outcome toward sellers or buyers.
8.2 Private sellers can choose an advertisement period of 4, 8, or 12 weeks. If the object is not sold within this period, the seller may extend the advertisement for a fee. Different advertisement periods may apply for professional sellers. If an object is sold before the selected advertisement period ends, no refund for the remaining time will be provided to the seller.
8.3 Basic advertisements for cars or motorcycles can contain up to 7 photos; for advertisements for parts, the limit is 2 photos. For an additional fee, the number of photos can be increased to a maximum of 50 to more fully showcase the object. It is the seller's responsibility to provide an accurate, complete, and fair description and photos of the object.
8.4 Advertisements may include a weblink for a small additional fee. This service is included for professional sellers.
8.5 A fee may be charged for placing advertisements. If desired, sellers can choose additional promotional services, such as adding the advertisement to the newsletter or marking it as ‘featured.’ Payment is processed via PreWarCar.com's secure payment system, with various options (such as credit card, PayPal, or iDeal) available.
8.6 Once an object is successfully sold, the seller can mark the advertisement as sold. This can be done via the advertisement overview by clicking on the three dots to the right of the advertisement and selecting 'Mark as Sold.' Note: Advertisements marked as sold cannot be changed or reposted. Any remaining advertisement period will not be refunded to the seller.
8.7 Registration on PreWarCar.com, as referred to in Article 5, is mandatory for posting advertisements and for placing bids on the highest bid platform. However, registration is not required for contacting sellers or purchasing advertised objects.
Article 9: Highest Bid Platform
9.1 Sellers can offer their items on the highest bid platform, where items are temporarily listed, and buyers have the opportunity to place bids.
9.2 All bids placed on the Highest Bid Platform are binding. This means that bidders are obligated to fulfill their bids, even if the listing remains active for up to 24 hours after the bidding period ends.
9.3 Sellers are obligated to sell the offered item to the highest bidder, unless a reserve price has been set and has not been met. If a reserve price is set and not met, the seller is free to accept or reject the highest bid. If the reserve price is not met, the seller may still accept the highest bid. If rejected, the listing automatically converts to a standard listing with the reserve price as the asking price for a period of four weeks.
9.4 PreWarCar.com reserves the right to reject or not approve listings on the highest bid platform. In the event of rejection, the seller is entitled to a refund of 80% of the paid advertising fees.
9.5 A listing on the highest bid platform goes online once accepted by PreWarCar.com and remains visible for the duration chosen by the seller. After the advertisement period ends and the bid is accepted, PreWarCar.com will share the contact details of the seller and buyer. Users may then communicate directly with each other regarding the transaction, outside of PreWarCar.com.
9.6 If the seller has not paid PreWarCar.com for the provided services, they will not receive the buyer's contact details, and no communication will take place between the buyer and seller. PreWarCar.com has no obligation towards the buyer.
9.7 Sellers are not allowed to bid on items they offer for sale themselves, nor can they encourage others to bid on their items to artificially increase the price. Violating this rule may lead to exclusion from the platform.
9.8 The bidding period ends when the indicated end time is reached unless a new bid is placed in the last 2 minutes before the end time. In that case, the bidding period is extended by 2 minutes. Each time a bid is placed during this extra time, the bidding period is extended by another 2 minutes. PreWarCar.com reserves the right to manually extend the bidding period without providing reasons.
9.9 Payment for an item with the highest bid is made directly to the seller. The seller will contact the bidder to arrange payment. The PreWarCar.com payment system may not be used.
Article 10: Shipping
10.1 PreWarCar.com is not involved in handling, shipping, or delivery of items. The arrangement of transport, insurance, customs formalities, and any associated costs is the sole responsibility of the buyer and seller. PreWarCar.com cannot be held liable for any damage, loss, or disputes arising from the transport or delivery of items.
10.2 The agreement for shipping and payment via the highest bid platform is solely between the seller and the highest bidder. PreWarCar.com functions only as a platform and is not involved in the transaction. All agreements regarding payment and shipping must be arranged directly between the parties involved.
Article 11: Information and Intellectual Property Rights
11.1 The use of the online platform does not transfer intellectual property rights (such as copyrights, trademarks, etc.). These remain the property of the original rights holders.
11.2 Users who share information (texts, images, etc.) via or for the online platform guarantee that the information is accurate and lawful, and that they have the right to make that information available. By sharing information, the user grants PreWarCar.com a non-exclusive, irrevocable, perpetual, royalty-free license to use that information for the online platform.
11.3 The user fully indemnifies PreWarCar.com from any claims by third parties and will compensate the damage caused by the user's failure to comply with the previous paragraph, including reasonable legal costs.
11.4 The online platform and all content thereon (not originating from users) belong to PreWarCar.com or its licensors. It is not permitted to publicly disclose or reproduce (copy, distribute, edit, etc.) any part of the online platform or this content without prior written permission from PreWarCar.com.
11.5 In addition to section 11.4, copying, reproducing, sending, modifying, or distributing material from PreWarCar.com is prohibited, except for personal non-commercial use. If a user has a website for classic car enthusiasts, content may be used, with permission, provided that a clearly visible link to PreWarCar.com is added, and the user sends PreWarCar.com prior notice via office@prewarcar.com.
Article 12: Liability and Indemnification
12.1 PreWarCar.com is only the provider of the online platform and cannot be held responsible or liable for the information shared by users or for the behavior of users, including buyers and sellers, regarding both fixed listings and the highest bid platform.
12.2 PreWarCar.com cannot be held liable for problems and/or damages beyond its control, or for actions taken by PreWarCar.com to promote or maintain the security and reliability of the platform. This includes, but is not limited to:
- Providing incorrect or inaccurate account details or failing to share requested information;
- Offering services on the platform, including but not limited to use of our services;
- Buying, selling, or bidding on items on our platform;
- Errors in item descriptions caused by (machine) translation;
- User-generated content that is removed or altered;
- Reasonable measures taken to keep the platform safe and fair;
- Actions that violate these terms or illegal use of the platform;
- Unavailability, technical issues, or other problems that hinder access to the platform;
- The condition and/or functioning of items purchased from sellers via PreWarCar.com;
- Errors in any of our published texts, including platform, magazine, terms, or privacy policy;
- Incorrect or unlawful user content or communication infringing on third-party rights;
- The execution, formation, cancellation, or termination of a sales agreement, including enforcing any rights under the agreement.
Users can take measures to prevent or limit liability by ceasing the use of the platform and/or deregistering an account.
12.3 In the event that PreWarCar.com is liable, such liability is limited to the reimbursement of direct damage. Direct damage refers only to actual (financial) loss and reasonable costs incurred to prevent or limit damage or to investigate the cause of the damage. PreWarCar.com cannot be held liable for indirect damage, such as loss of income, revenue, profit, or disruption of business.
12.4 In the case of liability for direct damage as specified in Article 12.3, PreWarCar.com's liability is limited to a maximum of ten thousand euros (€ 10,000). This limitation applies to the company's directors, officers, employees, representatives, and legal successors.
12.5 The provisions in this article do not exclude PreWarCar.com's liability for cases of gross negligence or willful misconduct.
12.6 When a user breaches these terms, a sales contract, engages in inappropriate actions while using the services or platform, violates laws, regulations, or third-party rights, or commits a tort, the user agrees to indemnify PreWarCar.com, its directors, officers, other employees, representatives, legal successors, and affiliates from claims by other users or third parties and all damages and costs incurred by PreWarCar.com due to such actions or negligence by the user.
12.7 Users accept that PreWarCar.com may, at any time, limit, suspend, or terminate the use of the platform and/or service (temporarily) to prevent or limit (suspected) damage without prior notice or explanation. PreWarCar.com will not be liable to users for this.
12.8 If PreWarCar.com decides not to enforce any part of these terms for any reason, it does not mean that PreWarCar.com waives any rights under these terms.
Article 13: Purchase Agreement
13.1 PreWarCar.com is not the owner of the items listed or sold on the platform and is not involved in the actual transaction between the seller and buyer. The buyer and seller directly enter into a purchase agreement for the item, as stipulated in Article 4.4.
13.2 PreWarCar.com is not a party to the purchase agreement or its execution. This means that if the buyer fails to meet obligations (including payment) to the seller, the seller cannot hold PreWarCar.com liable. Similarly, if the seller fails to meet obligations, or if the item does not match the seller’s description, the buyer cannot hold PreWarCar.com liable. Both parties must fulfill their obligations under the purchase agreement.
13.3 Disputes regarding the purchase agreement must be resolved directly between the buyer and seller, even in cases where the item is offered by a professional seller.
13.4 PreWarCar.com may attempt to mediate in a dispute at the request of the parties involved, making reasonable efforts to find an acceptable solution for both parties. PreWarCar.com will, however, never be a party to a dispute resulting from such mediation. For users (consumers), if the business itself handles the dispute resolution, the consumer has at least one month to choose regular judicial resolution once the business informs them of this.
Article 14: Website Links on and from PreWarCar.com
14.1 For user convenience, PreWarCar.com provides links to other websites that are not owned by PreWarCar.com, where users can obtain related products and services, including but not limited to insurance, warranties, financing, and inspection services. Although PreWarCar.com encourages users to visit these websites, it cannot guarantee the prices, terms, quality, reliability, or performance of the products or services offered by these vendors. PreWarCar.com is not liable for the statements, products, and services offered by these vendors.
14.2 Third parties are free to link to PreWarCar.com, provided the link does not imply any endorsement or sponsorship of you, your company, or your site by PreWarCar.com or its affiliates. Without prior written consent from PreWarCar.com, third parties may not publish the content of PreWarCar.com, nor include any intellectual property of PreWarCar.com or its licensors in another website or service.
Article 15: Change of Terms
15.1 PreWarCar.com may modify these terms, policies, and guidelines at any time, in whole or in part, by publishing the updated information on the platform. If a change significantly affects the rights of users and/or third parties, PreWarCar.com will bring the changes to the attention of users on the platform.
15.2 If you continue to use the platform after the terms have been modified or supplemented, you irrevocably accept the changed or supplemented terms.
15.3 If parts of these terms are invalid for any reason, users are still bound by the remaining terms. PreWarCar.com will endeavor to replace invalid parts with correct information as soon as possible.
15.4 PreWarCar.com may transfer the rights and obligations arising from these terms to third parties. By accepting these terms, you accept such a transfer of rights.
Article 16: Applicable Law
16.1 These terms and any disputes arising from them are governed by Dutch law. Where mandatory provisions of law in another country apply, PreWarCar.com will respect them. Disputes will be exclusively submitted to the competent court in the District of Rotterdam, unless mandatory law dictates otherwise.
Article 17: Bidding on the Highest Bid Platform
17.1 To place bids on objects on the highest bid platform, buyers must register an account as mentioned in Article 5.
17.2 The buyer is responsible for the accuracy of the information provided and agrees that their data will be used or processed where necessary for the execution and handling of the bid. The privacy statement applies to the processing of personal data.
17.3 The buyer guarantees that they have familiarized themselves with the procedure of the online platform and the highest bid platform. A placed bid is unconditional and cannot be retracted, even if the bid was made automatically by a bidding robot or by another party via the buyer's account. When placing the highest bid, the buyer is obligated to purchase the object if (if applicable) the reserve price has been exceeded and if the seller agrees. This obligation also applies if the seller bids on an object on behalf of someone else. PreWarCar.com may assume that the account information is correct, and when bidding via an account, the account holder is personally bound. The buyer must be able to pay the purchase price.
Article 18: Conclusion of Agreement, Payment, and Pickup of Object(s)
18.1 If the buyer has placed the highest bid, and the seller agrees and all other conditions are met, the buyer is obligated to purchase the object. The buyer enters into a purchase agreement with the seller in accordance with Article 13.
18.2 Some objects may have a minimum price (reserve price). If the buyer has placed the highest bid, but that bid is lower than the reserve price, no purchase agreement is formed unless the seller agrees to accept the bid.
18.3 After PreWarCar.com has received the seller's commission, PreWarCar.com will facilitate contact between the buyer and the seller to complete the purchase agreement and transfer the object. The purchase price must be paid to the seller within a reasonable time after the allocation, but no later than five (5) working days.
18.4 The shipping and/or delivery of the object is entirely the responsibility of the buyer unless the seller has indicated that they will handle this. The buyer must make arrangements with the seller regarding the delivery time. The seller and PreWarCar.com are not responsible for (proper) packing or preparing the object for shipment if the buyer hires a third party for this purpose. Additionally, the seller and PreWarCar.com are not liable for any damage during transport caused by a third-party carrier hired by the buyer.
18.5 If the buyer fails to pick up the object on time or refuses, or is negligent in providing the necessary information to the seller (or PreWarCar.com as the seller's representative), or does not follow the seller's or PreWarCar.com's instructions for the delivery of the object, the buyer is in default and must compensate the seller for the damage caused, without prejudice to any other rights the seller may have. In such cases, the seller has the right to store the object at the buyer's expense and risk, and the buyer must pay all additional costs, including storage costs, transportation costs, and any applicable disassembly costs. The seller will only release the object once the buyer has paid these costs in full.
18.6 The buyer agrees to take full responsibility (including but not limited to insurance and taxes owed) for the object as soon as it is assigned to them.
18.7 If the buyer fails to pay the purchase price on time, they are in default with the seller, and the seller is entitled to recover reasonable costs for obtaining payment outside of the legal process (collection costs) in accordance with the statutory collection cost regulations.
Article 19: Condition of Objects
19.1 Each object is described by the seller in the advertisement. All objects are sold "as is." The condition of objects may vary greatly due to age, previous damage, restoration, repairs, and normal wear and tear. They are rarely in perfect condition and are sold "as is" in the state they are in at the time of sale. The description and/or images of the object may not clearly represent its condition. Colors and shades may look different on screen than in physical inspection. Condition reports may be available to help assess the condition of an object. If the seller does not explicitly state the condition, it does not mean that the object is new or in new condition. It is the buyer's responsibility to ensure that a condition report is requested. Additionally, the buyer may contact the seller for more information about the object's condition as long as the advertisement is listed as for sale.
Article 20: Buyer's Obligations
20.1 If the buyer fails to fulfill their obligations to PreWarCar.com or a seller, PreWarCar.com reserves the right to deny access to their account and/or the online platform and additional services, or to cancel the sale.
Article 21: Advertising on the Online Platform
21.1 A seller can offer their objects through advertisements on the online platform. To submit advertisements, the seller must register, create an account, and fill out the form provided on the online platform. The seller acknowledges that PreWarCar.com has the right to allow or reject certain objects on the online platform.
21.2 The seller is responsible for the accuracy of the information provided and agrees that their data will be used or processed where necessary for the execution and handling of the sale of advertised objects on the online platform. The privacy statement applies to the processing of personal data.
21.3 The seller guarantees that they have familiarized themselves with the advertising procedure on the online platform and the highest bid platform and that they are aware of their rights and obligations. The seller ensures that they have the right to sell the offered objects.
21.4 Once the object's advertisement is online, the seller must ensure that the information (text and details) about the object is complete and accurate.
21.5 If the seller advertises their object via the highest bid platform, they may set a reserve price. To set a reserve price, the seller must pay a deposit of 5% of the reserve price amount to PreWarCar.com. If the final bid is lower than the reserve price, the seller may choose to accept the bid within 24 hours. If the seller does not accept the bid, no purchase agreement is formed, and the advertisement will automatically convert into a normal advertisement on the online platform for 4 weeks, with the reserve price as the asking price.
Article 22: Professional Sellers
22.1 Professional sellers are required to comply with all laws and regulations applicable to selling as a professional seller. PreWarCar.com expects sellers to meet their fiscal obligations, including VAT, goods and services tax, and income tax on the objects they sell.
22.2 Professional sellers declare that they comply with all relevant EU legislation.
22.3 Based on applicable laws and regulations, professional sellers have additional responsibilities and obligations towards PreWarCar.com and buyers. PreWarCar.com expects professional sellers to fulfill these obligations, including any additional rights for consumers in the EU.
22.4 For consumer purchases from professional sellers within the EU, the right of withdrawal may apply. If the conditions for withdrawal are met, the professional seller must comply with such a request.
22.5 A professional seller may enforce their own terms for a sale, provided these terms do not conflict with or deviate from PreWarCar.com's terms. Professional sellers must mention or refer to these additional terms in the object description.
Article 23: Conclusion of Agreement
23.1 The seller concludes a purchase agreement with the buyer who has placed the highest bid, which the seller accepts, in accordance with Article 13 of these terms.
23.2 Once a highest bid has been placed that meets the conditions (minimum reserve price), PreWarCar.com charges the seller a fee of 5% of the highest bid amount. After the fee is paid by the seller to PreWarCar.com, PreWarCar.com will connect the buyer and seller so they can finalize the purchase agreement and transfer the object.
23.3 The seller must pay the fee described in Article 23.2 within five (5) working days after the bidding ends. The seller remains liable for the fee, even in the event of a dispute with the buyer. The deadline described in this article is not a legal limit, meaning that if the buyer does not pay within the deadline, the seller cannot automatically cancel the sale.
Article 24: Seller's Obligations
24.1 The seller is fully responsible for the sale of their objects and liable to PreWarCar.com if they violate these terms or applicable laws.
24.2 The seller guarantees that their advertised objects do not infringe on copyright, trademarks, or other third-party rights. The seller also guarantees that the description in the advertisement is complete and accurate and matches the object being advertised.
24.3 The seller guarantees that they only post user materials they own or have permission to use. The seller may not copy other sellers' object descriptions.
24.4 The seller may not disrupt advertisements of other sellers on the online platform – highest bid platform by interfering with their business or manipulating their advertisements positively. This includes bidding on other sellers' objects without paying or canceling bids.
24.5 The seller must ensure that the sold object is shipped or transported on time, unless otherwise agreed with the buyer.
24.6 In case of issues with shipping or the object itself, the seller is obligated to work with the buyer to find a solution.
24.7 The seller must ensure that the offered objects and packaging comply with import, export, and environmental regulations.
24.8 The seller guarantees compliance with relevant legislation on economic sanctions.
24.9 The seller guarantees that the advertised object is available and not simultaneously offered elsewhere in any manner.
Article 25: Seller's Breach of Obligations
25.1 If a seller fails to meet their obligations to PreWarCar.com or the buyer, PreWarCar.com reserves the right to suspend or remove advertisements. PreWarCar.com may also deny the seller access to their account and/or the online platform and additional services, or cancel the sale.
These General Terms and Conditions were created on December 12, 2024.
