General Terms and Conditions
General Terms and Conditions for www.AGUILARBID.com
I. Definitions of the terms
Website: the website www.AguilarBid.com, which is maintained by Inter-Maquinas Aguilar S.L. with V.A.T. number - B-30119242, with its registered seat in C/ Condomina s/n - 30564 Lorquí (Murcia), Spain;
User: the one who has registered on the Website;
Personal Details: the details provided by the User that are traceable to his or her person, including name/address/city of residence details and e-mail address;
AguilarBid: Inter-Maquinas Aguilar S.L. and its subsidiary/ies or sister company/ies as reported on the Website (www.aguilarbid.com; www.inter-maquinasaguilar.com);
Registration: the registration of User on the Website through filling in completely the registration form found on the Website;
Bid: each amount bid by User in the auction for a lot;
Lot: an article, or a number of articles that are auctioned together (under one number);
Auction: the public sale of moveable goods organized by AguilarBid on the internet;
Purchaser: the User to whom the Lot is allocated;
User’s Agreement: the agreement between AguilarBid and the User;
General Terms and Conditions for the User: these general terms and conditions;
General Terms and Conditions of the Online Auction: the additional, supplementary to or in departure from the General Terms and Conditions for the User, valid terms and conditions for participation in an Auction;
II.1 The General Terms and Conditions for the User are applicable to the relationship between the User on the one hand and AguilarBid on the other in the use of the Website. In addition, the privacy statement of AguilarBid obtains. It is the responsibility of the user to consult the privacy statement of AguilarBid regularly on the Website.
II.2 The applicability of General Terms and Conditions other than the present terms is excluded.
III. User’s Agreement
III.1 The User’s Agreement arises through Registration on the Website and places the User in the position to follow the progress of Auctions on the Website, among other things. The User’s Agreement cannot be transferred to another party. In the Registration the User provides his personal details to AguilarBid and chooses his own password for access to the Website.
The User authorizes the automated processing of the personal data supplied in the indicated terms. To do this click on the "SEND" button that is located after the data collection form.
III.2 AguilarBid confirms the Registration by email to the User at the email address submitted by the latter, after which the User has access to the Auction by means of his password. The User is obligated, after gaining access to the Website, to behave decently and not to damage the Website or other users of the Website. The User is liable for all actions that occur on the Website after he has gained access by means of the User’s password.
III.3 The User guarantees the accuracy and completeness of the Personal Details supplied during Registration. If the Personal Details change at any time, the User is obligated to inform AguilarBid (email@example.com) of this change, which must be accompanied by a copy of the DNI / NIF or document proving the identity.
III.4 AguilarBid reserves the right to refuse and/or terminate the right to Registration unilaterally.
III.5 AguilarBid enters the Personal Details acquired by it into administrative records kept for that purpose. Through Registration on the Website, the User gives permission for the use (management, study and resolution of queries and sending advertising and commercial prospecting by electronic means, about the company, its activities, products and services, as well as documentation of different nature) and filing of the Personal Details registered.
III.6 The User is forbidden to duplicate the Website or any part thereof or to make it available (via deeplinks or in any other way) without prior written permission from AguilarBid.
III.7 Through a (one-time) Registration, the User accepts the General Terms and Conditions for the User for every time that the User logs on the Website, regardless of whether he makes any bids
IV. The Auction
IV.1 AguilarBid reserves the right to cancel an Auction, to terminate an Auction earlier than reported on the Website or to extend one. In case of a technical malfunction of the Website, causing it to be not completely accessible and/or inaccessible to Users, AguilarBid has the right to extend the Auction by 24 hours.
IV.2 If the auction does not exceed the minimum selling price (which AguilarBid only has the right to know), the sale will not take place (unless special decison by AguilarBid). Furthermore, AguilarBid only has the right to accept or not a bid on an auction or an offer on a private sale.
IV.3 The User states by his Registration that he is familiar with and agrees with the special circumstances of an internet auction and with the technical imperfections that can arise. AguilarBid denies any liability for whatever damage that may arise in any way, directly or indirectly, including but not limited to the damage arising from the use of the Website, unless there has been deliberate or conscious negligence by AguilarBid. More particularly, AguilarBid accepts no liability for any damage whatsoever that arises in any way by or from:
actions performed by the User that may have been inspired by the information placed on the Website;
the impossibility of using the Website (completely) and/or another malfunction in the Website or the supporting system;
the Lots not meeting the specifications as reported on the Website;
the fact that the information on the Website is incorrect, incomplete or out of date;
errors in the software of the Website and/or the supporting system;
The unlawful use of systems, including the Website of AguilarBid, by a third party.
V.1 AguilarBid strives, in accordance with the requirements of reasonableness, to secure its systems against loss of data and/or against any form of unlawful use and implements the appropriate technical and organizational measures, whereby account is taken of the status of the technology, among other things.
V.2 However, AguilarBid is not liable for loss of data, damage to files, unlawful access to computers or files, viruses spread via the Website or other unlawful programmes or files or any other consequence of the use that is made of the Website.
V.3 The Website can contain links to other websites. AguilarBid has no authority over such sites and is not liable for the content of those sites.
VI. Description of Lots
VI.1 AguilarBid and the one who has commissioned the auctioning of the Lot strive for all possible accuracy and clarity in the description of a Lot on the Website, in auction catalogues, other auction brochures, advertisements and similar documents, without accepting any liability for damage arising from inaccurate or incomplete descriptions or any other damage.
VII.1 The liability of AguilarBid, if and insofar as the other remaining stipulations of the General Terms and Conditions for the User and (if applicable) of the General and Specific Terms and Conditions of the Online Auction are applied, will still be limited to the amount to which the liability insurance of AguilarBid accords AguilarBid in the instance in question, increased by the amount of excess according to the policy in question, or, if it is less, to the invoiced amount that is involved in the commission. This limitation does not apply in the event of deliberate or gross negligence by AguilarBid. AguilarBid’s liability that remains after application of the other stipulations in these General Auction Terms and Conditions, the General user Terms and Conditions and (if applicable) the Specific Auction Terms and Conditions, shall always be limited to the amount that can be claimed from AguilarBid’s liability insurance in the relevant case. In the event that the liability insurance of AguilarBid does not cover the event the liability of AguilarBid will be limited to € 5000,-.
VII.2 AguilarBid is not liable for indirect or consequential loss. Further, all liability of AguilarBid in connection with any defect in the Lot(s) or in respect of (alleged) infringement of the rights of (the intellectual property of) third parties is excluded.
VII.3 In consulting with third parties, AguilarBid will take the necessary caution into consideration. AguilarBid is also not liable for possible shortcomings of these third parties.
VIII. Adjustments; effect
VIII.1 If and insofar as any stipulation of the General Terms and Conditions for the User is null and void or is nullified, the remaining stipulations of the General Terms and Conditions for the User will remain undiminished in force. AguilarBid will then determine a new stipulation to replace the null/nullified stipulation, by which the intent of the null/nullified stipulation will be taken into consideration.
VIII.2 Departures from these General Terms and Conditions for the User can occur solely insofar as this is fixed in writing by an authorized representative of AguilarBid.
VIII.3 AguilarBid reserves the right to amend these General Terms and Conditions for the User. Amendments will take effect 24 hours after they have been announced to the User by email.
IX. Applicable law
IX.1 Spanish law is applicable to these General Terms and Conditions for the User and to the legal relationships that are associated with the Auction.
IX.2 The Spanish text of the General Terms and Conditions for the User is the original text. In the event that the General Terms and Conditions for the User are used in several languages, the Spanish text will therefore be given preference in case of lack of clarity or contradictions.
IX.3 The District Court in Madrid is authorized (subject to the possibility of appeal and to laws that state otherwise) to decide in differences arising from the General Terms and Conditions for the User, to the exclusion of every other instance.
If you have any questions about the General Terms and Conditions for AguilarBid.com, please contact us via firstname.lastname@example.org.