Clickar General Terms and Conditions
These Terms and Conditions comprise:
The General Terms and Conditions – accepted by “point and click” – govern the relationship between Clickar Srl (hereinafter “Clickar”), which provides IT services for the online posting and publication of advertisements for potential sales of motor vehicles, and private users and/or professionals who use of these services via the website www.Clickar.com owned by Clickar.
In no case may a purchase agreement be entered into through the Website between a Seller and individuals interested in the Vehicles, including those in auction. Clickar is not – and shall not under any circumstances be regarded as – a mediator, intermediary or party in the negotiation of any agreement entered into between the Seller and Bidder, since the purchase agreement is concluded exclusively between said two parties.
Clickar is not an auction house but an online marketplace Manager, which identifies and implements the Winning Bidder’s purchase bid – in the event of a sale in “auction” mode – as defined below, thereby facilitating the possible conclusion of a multilateral preliminary purchase agreement for the Vehicle advertised by the Seller.
These Terms and Conditions govern the relationship between the Buyer, Winning Bidder, Seller and Clickar.
Purchase Conditions
Definitions
The General Terms and Conditions govern the terms for proper use of the Website, the operations of each auction, participation in the auction, as well as the Agreement entered into between Clickar and the User when successfully registering on the Website.
The Agreement with the User is formalised by registering on the Website. By registering, the User agrees to the Terms and Conditions herein. The agreement with the User is not transferable. The User provides Clickar with his/her personal information and autonomously selects a password to access the Website.
the Website Administration sends the User an email to confirm registration. Following this confirmation, the User shall be deemed properly registered and can freely access his/her account by entering the username and password selected. The User shall agree to behave in an appropriate manner and not to cause damage to the Website or to other users. The User shall be responsible for any acts that he/she undertakes on the Website.
The User shall guarantee the correctness and completeness of the information provided at the time of registration. If, at any time, said personal information were to be subject to change, the User shall be required to disclose these changes to the Website Administration.
Clickar reserves the right to refuse and/or unilaterally remove the registration if:
Clickar enters the personal data it receives into a data archive kept to that effect. By registering on the Website and accessing the dedicated section, the User expressly agrees to the privacy policy, authorising the use and storage of the personal data registered. Upon specific request by the User, Clickar shall erase all of his/her data provided that this does not prevent it from carrying out the checks and accounting operations required of it by law.
The User may not reproduce the Website or any part thereof, or make it available to third parties in any way whatsoever, without Clickar’s prior written consent.
The Website services may only be used by fully competent users over the age of 18 years. In the case of legal entities, said services may be used by entities with full legitimacy and representation pursuant to law and/or its own articles of association.
In order to validly participate in the auctions, the User must be registered on the Website. Upon registering, each Bidder User is asked to select a username and password which will be the credentials he/she uses to access the Website and propose to conclude the sale agreement for the chosen Vehicle and/or to participate in auctions.
The User’s credentials (username and password) shall be personal and kept secret; the registered User shall also be responsible for the offers made in the event of theft or loss, unless the User has immediately notified the Website Administration of said data theft or loss.
Users participating in an auction as a Bidder may enter the amount of their bid for the Vehicle/Lot in which they are interested, and have to select the appropriate bidding field in order for their bid to be counted.
Auctions are carried out via upward bidding: the Winning Bidder shall be the highest bidder starting from the minimum price indicated in the notice of sale published on the Website, having bid within the set time limit.
The time limit whereupon the auction will close shall be listed on the Website and calculated with a timer which refreshes with additional minutes as indicated by the Website.
Within the time limit indicated on the Website, each bid shall be deemed an irrevocable offer and binding commitment and, therefore, submitted bids cannot be withdrawn.
At the end of the auction – within the time limit listed on the Website – if the User is the highest bidder with a bid higher than the reserve price, he/she shall be the final Winning Bidder of the auction and shall be given the opportunity to enter into business transactions with the Seller. Any respective sale shall take place outside of the Website and exclusively between the Winning Bidder and the Seller as established by the latter.
The Winning Bidder is sent a notice which summarises the details of the Vehicle/Lot and states the price of each of them, as well as any tax burden that may be due. The notice will also provide the Winning Bidder with the information needed to contact the Seller with a view to concluding the purchase agreement.
Clickar shall be exempt from any liability, be it direct or indirect, for the content published on the Website and for any interruption to the auction or any other services for reasons beyond Clickar’s control.
The Seller shall be held exclusively liable for the use of the Website services and, in turn, shall be solely liable for the Vehicle(s) published through the Website and the correctness and completeness of its advertisements.
As for the publication of images of the Seller’s Vehicle(s), the Seller shall be held liable for the photographic documentation and any deviation from the reality of the photographed goods.
In any case, Clickar reserves the right to carry out – directly or through third parties appointed by Clickar – an appraisal of the Vehicle.
In any case, Clickar reserves the right – at any time and at its sole discretion – to delete and/or prevent the posting, and the right to suspend and/or deny the User’s access to the Website.
The User shall agree not to misrepresent his/her identity and to comply with all applicable laws.
Moreover, the User shall not use the service provided by the Website for the publication, transmission or exchange of unlawful, vulgar, slanderous or libellous materials, or materials deemed offensive to public morality, or which otherwise harm the rights of others. Moreover, the User shall undertake not to use the Website service in such a way as to infringe on the intellectual property rights of Clickar or of third parties.
Clickar does not guarantee the successful outcome of the auction or the conclusion of the sale or any transaction related thereto. The Buyer shall agree to buy the Vehicle in its current (“as is”) condition at the time the Vehicle was put on sale online.
The Buyer shall pay the final auction price in accordance with the agreements entered into with the Seller. Should the Buyer fail to comply with the agreement entered into with the Seller, the purchase agreement shall remain unfulfilled and the Buyer shall bear any cost resulting from or associated with said failure to comply.
All transactions subsequent to the conclusion of the sale – including but not limited to the collection and/or delivery of the vehicle(s), as well as changes of ownership and the like – shall be entirely managed between the Seller and Buyer independently.
Clickar shall not be held liable in any way whatsoever for the failure of any of these transactions, since it does not provide vehicle intermediary, sales or trading services, but merely technical support through an IT platform.
Clickar may facilitate these collection operations by providing logistical information to the Buyer where possible.
Clickar shall bear no liability for any possible infringement of the intellectual property rights of third parties arising from any use by a Seller and/or other User which is contrary to these Terms and Conditions.
Clickar shall not be held liable for any damage, loss, costs or expenses incurred by the Winning Bidder and/or Buyer due to:
Clickar shall not be held liable for any delay or failure to fulfil its obligations where said delay or failure is caused by force majeure.
In the event of technical failures on the Website where the Website becomes fully and/or partially inaccessible, Clickar shall be entitled to extend the auction.
Clickar bears no liability for any damage that the User or third parties may incur resulting from the use of the Website. In particular, Clickar shall not be held liable for any damage caused, for example, by:
The provisions contained in the Purchase Conditions shall be considered valid and effective, together with the applicable legal requirements.
Should any of the provisions herein be annulled or deemed invalid, the remaining provisions shall remain valid and enforceable.
Clickar reserves the right to modify these Purchase Conditions. Amendments shall come into force 24 hours after the User has been notified thereof by email or at the time of their publication on the Website.
Any dispute arising from or in relation to these Terms and Conditions, their interpretation and/or execution and/or termination shall be referred exclusively to the Courts of Rome, Italy, unless otherwise required by law. In any case, in implementation of Regulation 524/2013/EU, Users classed as Consumers – pursuant to Legislative Decree 206/2005 – may use the ODR (Online Dispute Resolution) platform managed by the European Commission; this recourse is available and can be easily accessed at any time by logging onto: https://ec.europa.eu/consumers/odr
The Agreement shall be governed by Italian Law.
Within 14 (fourteen) days from the date on which the Buyer collects the purchased Vehicle, where he/she is classed as a Consumer, the Buyer shall be entitled to exercise their right of withdrawal pursuant to Legislative Decree 206/2005 regarding agreements entered into remotely, by sending a communication to the Seller as follows: (i) the return must be made to the Centres indicated by the Seller, and the Centres must be contacted at least 48 hours in advance of the return date; (ii) the Buyer must return the Vehicle complete with all accessories (standard and non), as well as all the on-board documentation and must return the keys (in duplicate), including the respective Card required for duplication; (iii) the Vehicle must be returned clean on both the exterior and interior and in a normal state of wear, under correct use of the Vehicle, without any breakages, alterations of mechanical parts and/or of the bodywork caused by carelessness, incompetence or negligence in use; (iv) the Vehicle must be returned with a mileage of no more than 500 (five hundred) km. Reference will be made to the mileage based on the shortest route calculated by Google Maps, and comparing the initial mileage certified on the Delivery Report with the end mileage measured by the Centre at the time of delivery; the number of kilometres travelled to reach the Centre from the place of delivery shall be excluded from the count, notwithstanding the Buyer’s commitment to return the Vehicle to the Centre which is closest to the address where delivery was made. Where the conditions and/or arrangements referred to in points (ii) and (iii) above are not met, Clickar shall be entitled to charge the Buyer the amounts by way of damages and/or reimbursement of the costs incurred. Where the conditions and/or arrangements referred to in point (iv) above are not met, Clickar shall be entitled to charge the Buyer a penalty amount for the excess mileage calculated based on the cost-per-kilometre criteria set out in the tables drawn up annually by Automobile Club d'Italia.
Any communications, notifications, information and complaints by the Buyer shall be submitted in writing to Clickar by sending an email to customercare@clickar.com or to the certified “PEC” email address: clickar@pec.fcagroup.com
Any use of the Content by Clickar complies with the provisions of EU Regulation 2016/679 (“GDPR”), as well as the provisions of Italian Legislative Decree No. 196 of 30 June 2003 (“Code regarding personal data protection”).