Terms and Conditions

General Terms and Conditions of Business and Use of National Powersport Auctions Deutschland GmbH for Businesses 

Preliminary Remark

We, National Powersport Auctions Deutschland GmbH, Am Seestern 24, 40547 Düsseldorf, registered in the commercial register of the Local Court Düsseldorf (Amtsgericht Düsseldorf) under HRB 110907 ("we", "us", "NPA"), operate an online auction platform for commercial buyers of used and damaged vehicles at the address www.npauctions.eu (hereinafter referred to as the "Website"). 

The functioning of the Website can be described in a simplified way as follows: 

Registered commercial users (hereinafter also referred to as "Member") are given the opportunity to purchase offered vehicles on the Website. The term "vehicle" in the preceding sentence and in the following shall be understood to mean any motor vehicle, including passenger cars, trucks, motorcycles, motor homes, commercial vehicles, watercraft, machinery or related vehicle parts that we offer on our Website. The vehicles can be purchased by means of a bidding process which takes place in two ways. In the first, bids can be submitted by Members from the time the vehicle is posted on the Website until few minutes before the start of the auction ("Preliminary Bidding Process"). During the Preliminary Bidding Process, a highest bid is determined. This highest bid shall be the starting bid in the second part of the bidding process that follows thereafter, in which Members can submit further bids in real time within a short period of time ("Auction"). The highest bidder in the Auction is the winner of the bidding process. 

The Preliminary Bidding Process and the Auction are also hereinafter jointly referred to as the "Bidding Process" in these General Terms and Conditions of Business and Use ("GTC"). 

NPA offers vehicles for sale on the Website and concludes corresponding purchase contracts with Members based on these GTC. NPA also provides, by means of the Website, the functionalities in accordance with these GTC that allow you as a Member to place bids on the vehicles for sale ("Services"). 

 

Art. 1 Scope, General

(1) For the sale of the vehicles as well as the use of the Website and the associated Services, these GTC shall apply exclusively in their then current version. 

(2) In order to purchase vehicles and use the Services on our Website, registration as a Member is required. By registering as a Member, express consent to the validity of these GTC needs to be declared. 

(3) These GTC apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the Members shall only become part of the contract with us if and to the extent that we expressly agree to their validity. This requirement of consent shall apply in any case, e.g., also if we start providing Services to the Member without reservation in the knowledge of the Member's general terms and conditions. In case of doubt, only these GTC shall be authoritative for the sale of the vehicles and the use of the Website and the associated offers. 

(4) Individual agreements made between us and the Member in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these GTC. For the content of such agreements a written contract or the written confirmation of NPA is decisive. 

(5) References to the validity of statutory provisions shall only have clarifying significance. Even without such clarification, the statutory provisions shall therefore apply unless they are directly amended or expressly excluded in these GTC. 

 

Art. 2 User Contract, Registration, Fees

(1) In order to have the possibility to purchase the vehicles offered on the Website as well as to use the functionalities of the Website, the Member must register on the Website and conclude a user contract with us for a fee based on these GTC. 

(2) Member Types 

• Registered Guests must (a) register on the Website and (b) provide (i) their company name and company address as well as (ii) first and last name, email address and telephone number of the natural person acting on their behalf. Registered Guests have to upload copies of their EU VAT identification number (hereinafter referred to as "VAT ID"), if applicable, their business registration (Gewerbeanmeldung) as well as a photo ID of the natural person acting on their behalf to become a Basic or Premium Member. Registered Guests may search the inventory, add vehicles to a Watchlist and create a Vehicle Alert. However, in order to bid on or purchase vehicles and view prices, a Basic or Premium Membership must have been acquired.
• Basic Members and Premium Members must (a) register on the Website, (b) provide (i) their company name and company address as well as (ii) first and last name, email address and telephone number of the natural person acting on their behalf, and (c) upload copies of (i) their VAT ID, if applicable, (ii) their business registration (Gewerbeanmeldung) and (iii) a photo ID of the natural person acting on their behalf. In addition, the Member must pay the respective initial annual membership fee. 

Basic or Premium Memberships require paying an annual membership fee and keeping its account information accurate. 

(3) We sell vehicles only to commercial buyers and conclude a contract of use with such members who wish to purchase or use the vehicles and Services offered by us on the Website in the exercise of their commercial or independent professional activity ("Commercial Activity"). The Commercial Activity of the Members required by us for the conclusion of purchase contracts for vehicles as well as the conclusion of the contract of use shall be deemed to exist in particular if the Commercial Activity can be assigned to one of the following industries:

• certified car recyclers 
• car dealers 
• tradesmen of the automotive trade 

• workshops 
• classic purchase and sale trade 

(4) To conclude a contract of use, we specifically require that the natural person acting on behalf of the respective Member provides the following information/documents in full and correctly: 

• first and last name, telephone and email address of the natural person, 
• proof that the acting natural person has unlimited legal capacity, 

• has reached at least the age of 18, 
• identifies himself/herself by presenting a copy of a photo ID (identity card, passport), [A1] [A2] 
• company name and address of the Member, 
• provides written proof of the Member's Commercial Activity (copy of the business registration or a comparable document and, if the Member is domiciled in the European Union, disclosure of the VAT ID). 

(5) Members are also obliged to notify us immediately in writing of any changes to their personal data and other information. This applies in particular in the event of a change or loss of the status of their Commercial Activity or a change in their VAT ID. If a Member violates the aforementioned obligation to notify us immediately of changes in their personal data or other information, we shall be entitled to exclude the Member in question from further use of the Website and/or to terminate the contract of use with the Member without notice.

(6) To conclude the contract of use, the Member must properly and completely fill out the online registration form posted on the Website correctly and in full and transmit it to us by clicking on the designated button on the Website. Members who are already registered with one of our affiliates may provide us with their email address used for previous registration. When providing their email address used for previous registration with one or more of our affiliates,  data and information previously provided to our affiliates can be accessed in order to complete the Member's registration and submission of the membership application with us. [A3] [A4] Upon receipt of the registration form completed in full, the Member will receive access to the member area with the confirmation of transmission of their registration application. There, to complete the registration process, the Member has to upload a copy of the Member's business registration or similar, a copy of the photo ID of the natural person acting on its behalf and, if the Member is domiciled within the European Union, the VAT ID, and create a personal password. From this moment on, the Member shall have the right to use the Services offered on the Website, with the exception of participating in the Bidding Process. As soon as we have received the documents and information in full and have verified and released them, we will confirm to the Member, to the email address specified by the Member, that all prerequisites for the conclusion of the contract of use are met. The contract of use shall be concluded upon the Member's receipt of this email. Participation in the Bidding Process requires a separate activation pursuant to the following provision in Art. 2 (7). 

(7) Upon conclusion of the contract of use, an annual membership fee shall become due for payment by the Member for the first time in accordance with our current overview of fees ("Fees"). We issue the Member a corresponding invoice for each contractual year at the beginning of the respective contractual year. As soon as we have received payment of the initial annual membership Fee, we will activate the Member's participation in bidding processes.

NPA reserves the right to adjust the Fees with a notice period of at least one month at its reasonable discretion to the development of price-relevant costs, which may result in an increase of the Fees, if necessary because of such developments. This concerns in particular the increase of wage costs, increased energy and material costs as well as cost-triggering changes in the legal framework. Increases in one type of cost (e.g., electricity or gas prices) may only be used to increase prices to the extent that they are not offset by declining costs in other areas. The same applies vice versa for price reductions.

In case NPA increases the Fees in accordance with the preceding paragraph, the Member shall be at liberty to terminate the contract of use in accordance with Art. 10 (1) of these GTC. If the Member makes use of this option to terminate prior to the coming into force of the respective price increase, his annual membership Fee shall be refunded to him pro rata temporis (i.e., for the remaining full months) as of the effectiveness of the termination.

 

Art. 3 Scope of Services

(1) We maintain and operate the functionalities available on the Website, in particular the functionalities for performing the Bidding Process stipulated in Art. 5, based on the contract of use and in accordance with these GTC. 

(2) We shall use our best efforts to ensure access to the Website with an average annual availability of 95%. However, availability at all times is not an owed object of performance. In particular, necessary maintenance work, compelling security reasons and events outside our control (e.g., disruptions of public communication networks and the Internet, power failures or similar events) may lead to disruptions or the temporary suspension of our Services and the accessibility of the Website even below the average annual availability of 95%, without this constituting a contractual breach of duty on our part, unless and to the extent we have negligently caused the average annual availability below 95%. 

(3) We provide our Services exclusively based on the technical status of the Website and the respective applicable legal framework conditions. 

(4) We may temporarily restrict or discontinue access to the Website at any time if this is necessary with regard to the security or integrity of our servers or in order to implement mandatory technical measures to maintain the Services, also towards other Members. The restriction of Website access may be necessary in particular to protect against attacks from the Internet (e.g., in the event of so-called "denial of service" attacks) and is permissible in this case, even if this means that the average annual availability pursuant to Art. 3 (2) is not achieved. 

(5) We secure our systems against unauthorized access by third parties to the data stored by us to a reasonable extent using the security systems currently available to us and as required by applicable laws, but an absolute protection against attacks by third parties is not possible according to the current state of technology. 

 

Art. 4 Intellectual Property and Rights of Use

The Website contains content (texts, photographs, software, etc.) that is protected under relevant legal provisions. The content may therefore be subject to copyrights, trademark rights, patents or other industrial property rights. We and our respective licensors are exclusively entitled to the rights to this content. The contents may only be used in the context of the contractual use of the Website. Furthermore, such content, in particular texts and photographs, may not be edited, downloaded, reproduced, rented, lent, leased, sold, made publicly available or distributed in any other way without our express consent. 

 

Art. 5 Bidding Process

(1) The bidding process for the individual vehicles offered on our Website takes place in two ways[BM5] . The first is the Preliminary Bidding Process (see subsection (3)), the second is the Auction (see subsection (4)). We may change the "additional information" on the individual vehicle until the Auction begins. Additional information is - besides the standard information about the vehicle that is always available - information in free text about any optional equipment and other descriptive information (such as information about vehicle documents, vehicle condition, origin) of a vehicle offered on our Website. 

(2) Placing Bids 

Members may view the vehicles offered on the Website and indicate the maximum amount they wish to bid on them ("Proxy Bid"). The respective Proxy Bid is not visible to the other Members. All bids in the bidding process are net, exclusive of any applicable value added tax (VAT) or other duties that may be payable by the Member. 

(3) Preliminary Bidding Process 

From the moment the vehicle is listed on the Website, the Preliminary Bidding Process starts. The functionality of the Website ensures that if the Proxy Bid of the respective Member has not yet been reached by other Members, his bids are submitted in the bid increments specified by us (e.g., EUR 100.00). These bids are based on the current Proxy Bid or on the minimum price set for the respective vehicle, if applicable. The Website functionality shall only bid as much as necessary to ensure that the Member remains the highest bidder or bids the minimum price if the Proxy Bid specified by the Member allows it. If a Member reaches another Member's Proxy Bid or bids more, this other Member will be notified to allow him to possibly increase its Proxy Bid. Bids already placed during the Preliminary Bidding Process are binding for the Member but expire as soon as a bid is outbid. The highest bid submitted during the Preliminary Bidding Process is the "Preliminary Highest Bid". The Preliminary Bidding Process ends few minutes before the respective vehicle is auctioned in the  Auction. 

(4) Auction 

During the Auction, further bids are submitted in real time in the bid increments determined by us in each individual case (e.g., EUR 100.00) and the decisive winner of the Bidding Process is determined. Bids are submitted by the Member by clicking on the button provided for this purpose on the Website. The Auction starts with the Preliminary Highest Bid as the minimum bid. If no bid has been submitted in the Preliminary Bidding Process, the Auction will start with a starting price shown on the Website. The member who submits the highest bid ("Highest Bid") within the Auction is the winner of the Bidding Process. The Highest Bid is considered a legally binding offer by the Member to purchase the vehicle at the respective highest price. If only one bid is submitted in the Auction which corresponds to the Preliminary Highest Bid, the bid submitted in the  Auction shall be deemed to be the decisive Highest Bid; in this case, the Member that submitted the Highest Bid in the Auction shall be the winner of the Bidding Process. 

(5) End of the Bidding Process 

The respective Bidding Process ends when the period specified by us for the Auction (e.g., one hour) has expired. Further bids on the vehicle are no longer possible after the end of the Auction. 

(6) Bid Binding 

Each Member is bound by its highest bid for the period of the Bidding Process plus a further five Working Days ("Duration of Bid Binding"). This expressly also applies to the Preliminary Highest Bid and bids of Members in the Auction who were not the highest bidder. The aforementioned period of five Working Days shall run from the end of the Bidding Process pursuant to paragraph (5) above. "Working Day" means the days Monday to Friday except for 24.12. and 31.12. as well as public holidays at our place of business. 

(7) Bidding Agent 

Members can control their activities on the Website through a "bidding agent". Our Service in the context of the bidding agent consists insofar of providing the corresponding functionalities on the Website. 

(8) Inspection of Vehicles 

In individual cases and after prior agreement with NPA, vehicles can also be inspected by non-members on site at the respective NPA parking place; the Fees applicable thereto can be found in the overview of fees. 

(9) Fee Calculator

The fee calculator provided by NPA on the Website refers to estimated values; the actual Fees may vary depending on the country. NPA therefore does not warrant the correctness of the results given by the fee calculator. [BM6] [MM7] [BM8] 

 

Art. 6 Conclusion of Contract with and without Reserve, Rescission Right

(1) With regard to all vehicles marked with the note "No Reserve[BM9] " in their description, a purchase contract between the highest bidder and us shall be concluded at the Highest Bid immediately upon the end of the Bidding Process pursuant to Art. 5 (5) of these GTC. In this case, the highest bidder shall receive the system notice "Sold[BM10] ". 

(2) With regard to all vehicles marked with the note "On Reserve[BM11] " in their description, a minimum price is to be achieved during the Bidding Process.

If the Highest Bid reaches or exceeds this minimum price, a purchase contract between the highest bidder and us shall be concluded at the Highest Bid immediately upon the end of the Bidding Process pursuant to Art. 5 (5) of these GTC; in this case, the highest bidder shall receive the system notice "Sold[BM12] ". 

If the Highest Bid does not reach the minimum price, the highest bidder will receive the system notice "Sold on Approval[BM13] " upon the end of the Bidding Process. In this case, a purchase contract between the highest bidder and us is only concluded if we expressly accept the Highest Bid by means of a separate declaration of acceptance, e.g., by email, within five Working Days after the end of the Bidding Process pursuant to Art. 5 (5) of these GTC. 

(3) Without prejudice to our further statutory rights, we are entitled to rescind the purchase contract with the highest bidder if it becomes apparent after conclusion of the purchase contract that the highest bidder at the time of conclusion of the purchase contract did not perform any Commercial Activity or provided inaccurate information during registration and/or in the membership registration form or did not update such information contrary to his obligation under Art. 2 (5) of these GTC.

 

Art. 7 Payment Terms, Default of Payment, Retention of Title

(1) The annual membership Fee is payable by the Member in advance for each contractual year and is due for payment by the Member upon issuance of the corresponding invoice by us. The other Fees listed in the overview of Fees are also due for payment by the Member upon issuance of the invoice by us. All our invoices must be paid by the Member within three Working Days from receipt of the respective invoice, whereby the receipt of the payment on the NPA account is decisive.

(2) The purchase price for the vehicles purchased by the Member as well as the Fees incurred for the respective vehicle (e.g., buying Fees, late removal Fee, lot retrieval Fee, etc.) are also due for payment by the Member upon issuance of the corresponding invoice by us. All our invoices must be paid by the Member within three Working Days from receipt of the respective invoice, whereby the receipt of the payment on the NPA account is decisive.

(3) Overpayments of a Member may only be offset by us against our current receivables.

(4) The Member can pay invoices by using the payment methods offered by NPA. Unless otherwise agreed with NPA in individual cases, all invoice amounts are to be paid by bank transfer to the NPA account specified in the invoice. All bank charges shall be borne by the Member, in particular charges for foreign bank transfers, return of direct debits or other comparable charges. 

(5) NPA reserves the right to transmit invoices and payment reminders exclusively by electronic means. 

(6) If the Member is in default of payment of a purchase price for a vehicle and/or Fee(s), NPA will charge a late payment fee according to the current overview of Fees. Irrespective of this, default interest shall be payable by the Member on the outstanding invoice amounts for the period during which the Member is in default of payment at the respectively applicable statutory default interest rate. We reserve the right to assert further damages caused by the default of payment. Our claim to the commercial due date interest rate (Sec. 353 German Commercial Code – Handelsgesetzbuch) shall remain unaffected. If the Member is in default of payment of the purchase price for a vehicle purchased by the Member and/or Fee(s) incurred for the respective vehicle and remains in default of such payment within a period of three Working Days after receipt of a reminder for payment issued by us, NPA shall be entitled to rescind the respective purchase contract and to release the vehicle for a new bidding process ("Relisting"). By submitting a credit note for the purchase price for the respective vehicle purchased by the Member as well as the Fees incurred for the respective vehicle to the Member, NPA declares its rescission from the purchase contract. In this case, the Member shall be obligated to pay NPA a relist Fee for the Relisting of this vehicle according to the current overview of Fees. Until the relist Fee is paid in full, the Member is blocked from the Bidding Process. 

(7) All prices and Fees to be paid by the Member within the scope of the purchase contracts for vehicles and/or the contract of use are net and exclude VAT and other duties. The Member shall be responsible for the payment of all such VAT and other duties. The Member shall notify NPA of its VAT ID, which is valid in the country where the Member is located. The Member shall comply with the applicable tax laws and regulations. The Member undertakes to reimburse NPA for any taxes and related costs paid or to be paid by NPA that are attributable to taxes for which, in accordance with this provision, the Member would have been responsible if invoiced to the Member. The Member shall promptly reimburse NPA for all costs resulting from the Member's non-compliance or late perception of its responsibility for its tax liabilities. 

(8) All costs, customs duties, charges, etc. incurred in connection with the export and import of the vehicles after they have been purchased by the Member shall be borne by the Member. The Member shall be responsible for obtaining any import permit that may be required as well as all permits, approvals and other documents required in connection with the import into the country of use and any transport through third countries at its own expense. 

(9) The respective vehicle sold to the Member shall become the property of the Member only upon full payment of the purchase price for the respective vehicle as well as all Fees incurred for the respective vehicle to us. 

 

Art. 8 Collection and Delivery

(1) Unless otherwise expressly agreed between NPA and the Member, the vehicles purchased by the Member shall be collected by the Member from the NPA parking place specified on the Website for the respective vehicle (collectable debt). After conclusion of the purchase contract, the Member is obligated to pick up the vehicle at the specified NPA parking place at the latest within five Working Days after receipt of the corresponding notification by NPA of the conclusion of the contract ("Collection Period"). The Member will receive a PIN for collection from NPA, which must be presented upon collection of the vehicle. 

(2) Vehicles shall only be handed over to the Member upon presentation of its valid PIN and after full payment of the purchase price for the vehicle and all Fee claims due pursuant to Art. 7 of these GTC from the ongoing business relationship with NPA. After full payment of the aforementioned claims, the vehicle shall be handed over and the vehicle documents shall be sent to the Member by mail. For Members who are exporting the vehicle, the vehicle documents will only be sent once they have also provided us with the signed entry certificate. In case of Members from a non-EU country, the vehicle documents will be sent by us to the NPA parking place of the vehicle after full payment pursuant to this paragraph (2) has been received by NPA and are to be collected there by the Member together with the vehicle. 

(3) The risk of accidental loss and accidental deterioration of the vehicle shall pass to the Member upon collection of the vehicle by the Member at the NPA parking place. Collection shall be deemed to have taken place if the Member is in default of acceptance. Upon expiry of the Collection Period, the Member shall be in default of acceptance if the Member has not collected the vehicle by then or has not made the payments to be made pursuant to Art. 8 (2) above by that date. 

(4) If the Member is in default of acceptance, culpably fails to cooperate or the collection of the vehicle is delayed for other reasons for which the Member is responsible, NPA is entitled to demand reimbursement of the resulting damage, including additional expenditure. The Member is in this case also obligated to pay the late removal Fee listed in the current overview of Fees for each day that the collection deadline is exceeded. 

(5) NPA is furthermore entitled to rescind from the purchase contract in case the Member has culpably exceeded the free Collection Period by ten Working Days despite a reminder by us. In such case, the purchase price less the stand Fee and relist Fee will be refunded to the Member. 

(6) The Member bears sole responsibility for the removal of the vehicle from the NPA parking place. The Member is aware that the vehicles may, depending on their condition, not be in roadworthy condition and/or may not be suitable or approved for participation in public road traffic, even if they were described as "Run & Drive[BM14] " on the Website. Depending on the vehicle, the Member must take appropriate measures during collection to ensure safe transportation, such as using suitable car transporters if transport on the vehicle's own wheels cannot be carried out safely. If this does not occur, NPA can prohibit the removal. The loading of a vehicle is carried out by the Member himself or by third persons authorized by the Member. Removal of the vehicle from the NPA parking place is at the Member's own expense. The Member is also obliged to pay the lot retrieval Fee, which is listed in the current overview of fees. 

(7) Place of performance for all obligations of NPA arising from the purchase contracts concluded pursuant to Art. 6 of these GTC is the corresponding NPA parking place of the respective vehicle. 

 

Art. 9 Special Terms of Use for the Website

(1) Both the username and password of the Member's account must be treated as confidential. Members are responsible for all activities and actions undertaken under their username and password if the activity or action is triggered by (i) the Member or (ii) by the disclosure of Member’s login data to third parties and we did neither know nor should have known that the activity or action was not triggered by the Member. Members shall notify us immediately if they become aware that their username, password or account is used by unauthorized persons or in the event of any other breach of security. Members shall furthermore ensure that they properly log out after each use of their Member account. We are not responsible for any damages to the extent caused by a breach of the obligations imposed on the Members in this paragraph. 

(2) When Members log on to our Website, they undertake to always comply with the applicable legal provisions. In particular, it is prohibited to distribute unlawful or immoral content, to unlawfully reproduce, distribute or make accessible proprietary goods and to send or distribute offensive, defamatory or threatening content. 

(3) Members further undertake not to take any action at any time which could jeopardize or damage the security of our Website. Members are in particular prohibited from penetrating or attempting to penetrate our data network (hacking), from sending unsolicited spam mails (spamming), from using equipment or running applications that cause or may cause disruptions/changes to the physical or logical structure of our servers or networks. 

 

Art. 10 Termination of the Contract of Use, Consequences of Termination

(1) The contract of use for the use of the Website has an indefinite term. It may be terminated by the Member or by us for convenience without notice at any time. If the Member exercises this right of termination, the annual membership Fee already paid by the Member will not be refunded, unless the Member makes use of this right due to an increase of Fee(s) pursuant to Art. 2 (7) of these GTC[BM15] [MM16] [BM17] . If NPA exercises this right of termination, NPA shall refund the Member the annual membership Fee pro rata temporis.

(2) This shall not affect the right of termination for good cause with immediate effect. The right to terminate the contract of use for good cause with immediate effect shall be given to NPA in particular if the Member violates its obligations pursuant to these GTC to a considerable extent and, if a warning letter is required, the Member, notwithstanding the warning letter, does not refrain from violating its obligations. Where NPA terminates the contract of use for good cause due to reasons for which the Member is responsible, NPA shall not be obliged to refund the annual membership Fee to the Member. 

(3) Any termination must be in writing or text form (e.g., email) in order to be effective.

 

Art. 11 Exclusion of the Warranty for Vehicles

(1) The vehicles offered on the Website are exclusively used and/or damaged vehicles, in particular also severely damaged vehicles. Any warranty of NPA towards the Member for material defects (Sachmängel) of the vehicles purchased by the Member is therefore excluded. This shall not apply in the case of fraudulent concealment of defects or to the extent NPA has assumed a guarantee for a certain condition of the vehicle as well as in the case of injury to life, body and health of the Member. The liability regulation pursuant to Art. 12 of these GTC shall otherwise apply to damage claims arising from a liability for defects. 

(2) Since we do not verify the accuracy of the information provided to us by the previous owners and presented on the Website for the respective vehicle, we do not assume any warranty in accordance with the preceding paragraph (1), in particular for this information. 

 

Art. 12 Liability

(1) The Member's claims for damages are excluded. Excluded from this are damage claims by the Member arising from injury to life, limb or health or from the violation of material contractual obligations as well as liability for damages caused by an intentional or grossly negligent violation of duty by ourselves, our legal representatives or vicarious agents. "Material contractual obligations" are obligations that protect the material legal positions of the Member under the contract and which the contract is specifically intended to grant to the Member according to its content and purpose; material contractual obligations are also contractual obligations the fulfillment of which is essential for the proper execution of the contract  and on whose compliance the Member has regularly relied on and may rely on. 

(2) In the event of a slightly negligent breach of material contractual obligations by us, we shall only be liable for the foreseeable damage typical for this type of contract, unless the Member's claims for damages arise from injury to life, limb or health. 

(3) The limitations pursuant to the paragraphs (1) and (2) above shall also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them. 

(4) Nothing in this Art. 12 shall limit the liability pursuant to the German Product Liability Act (Produkthaftungsgesetz) or any other mandatory liability. 

(5) It is the responsibility of the Member alone to decide whether and on which vehicle the Member wishes to bid. We do not provide nor are we obliged to provide any advice, information or recommendation to Members. We therefore recommend that the Member obtain expert advice, if necessary, on the economic and tax consequences of the contracts concluded pursuant to Art. 6 of these GTC before making a decision. 

 

Art. 13 Information on Data Processing

Information on the processing of personal data by us can be found in our privacy policy which can be viewed, downloaded and printed out at any time on our Website under the link "Privacy Policy" [BM18] (at the end of the Website)[BM19] . 

 

Art. 14 Amendment of these GTC and the Services

(1) These GTC shall also apply as a general agreement in their respective version for the use of future services on our Website without us having to refer to them again in each individual case. 

(2) We reserve the right to amend these GTC as well as the services offered by us. The amendments will be communicated to the Member at our option either by email or on the Website upon login and shall enter into force upon the date indicated in such communication, however, in no event earlier than six weeks after having received such communication, provided that the Member has not objected to the amendment in whole or in part in writing or by email within six weeks of receiving the communication, insofar as we have again expressly referred to this circumstance in such amendment communication. Amendments shall not have any retroactive effect on services used prior to their entry into force. We therefore recommend that Members save the version of these GTC provided to them upon registration, as we do not store any personal data for the respective Member. As far as Members do not agree with an amendment of these GTC or the services, they may make use of their right to immediately terminate the contract of use pursuant to Art. 10 (1) of these GTC. 

(3) NPA reserves the right to change these GTC in particular if and to the extent that 

• NPA is obliged to establish compliance of these GTC with applicable law, in particular, if the prevailing legal position changes;
• NPA, by making the amendment, complies with a court judgment delivered against NPA or a decision of an authority; 

• the amendment is only for the benefit of the Member; or 
• NPA additionally introduces entirely new services or functionalities on the Website which have to be described or regulated in these GTC. 

In all other respects the provisions of Art. 14 (2) shall apply accordingly. 

 

Art. 15 Applicable Law, Jurisdiction

(1) The contract of use for the use of the Website, the use of the Website by the Members, the purchase contracts for vehicles, and these GTC are governed by the laws of the Federal Republic of Germany. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

(2) Exclusive venue for all disputes arising from or in connection with the contract of use for the use of the Website, the use of the Website by the Members, the purchase contracts for vehicles and/or these GTC shall be Düsseldorf, Germany. We shall have the right, however, to bring an action or institute other legal proceedings also at the Member’s place of general jurisdiction.

 

Art. 16 Final Provisions, Written Form

(1) Amendments to and modifications of these GTC and legally relevant declarations and notifications (e.g., notices setting deadlines, notices of defects, declarations of rescission or reduction) to be provided by the parties after conclusion of the contract shall, unless set out otherwise in these GTC, only be valid when given in writing. This shall also apply to amendments of this requirement of written form itself. 

(2) Should individual provisions of these GTC be or become invalid or void, this shall not affect the validity of the remaining provisions. Invalid or void provisions shall be replaced by such valid provisions that come as close as possible to the legal and economic meaning and purpose of the invalid or void provision. The same applies to the filling of gaps in these GTC.

(3) If these GTC are translated into other languages, the German version alone shall be the legally binding version.  

Date: March 2026