Auction and membership terms and conditions for Consumers

1. Introduction and background

These Terms and Conditions of Auction and Membership for Consumers (“the Terms and Conditions”) apply between you as a consumer (”the Customer”/”you”) and Kvdbil AB, corporate registration number 556746-1180 (”Kvdcars”). By accepting the terms and conditions you become a member at Kvdcars. Separate terms and conditions apply for business customers, see Terms and Conditions of Auction and Membership for Business Customers.

The terms and conditions apply to the Customer’s membership at Kvdcars, to the use of Kvdcars’ website www.kvdcars.com and associated pages (“the Website”), and to services, such as the opportunity to submit a bid and sales opportunity, which Kvdcars provides on the Website (“the Services”). If the Customer does not accept to be bound by these Terms and Conditions, the Customer may not use or gain access to the Services.

After an auction is completed and won on the Website, the Customer is given the opportunity to buy an auction object (“the Auction Object”). A purchase is always preceded by an inspection of the Auction Object on location at Kvdcars. Separate Purchase Conditions for Consumers apply to such a purchase (see attached to these Terms and Conditions).

In accepting the Terms and Conditions, the Customer and its representatives undertake to abide by the Terms and Conditions and approve the sharing of information about personal data and consent to the use of cookies in accordance with Kvdcars’ website policy (“the Website Policy”). The Terms and Conditions, Kvdcars’ Website Policy and the information that Kvdcars gives on the Website constitute the complete agreement between the Customer and Kvdcars regarding the use of the Website and the Services.

2. Kvdcars’ role and the client

Kvdcars has more than 25 years’ experience of selling vehicles and other property at auction. Bidding takes place on the Website. Kvdcars values and sells property in its own name but on behalf of others, such as vehicle fleet owners, finance and insurance companies, companies, bankruptcy administrators, the state, local authorities, other authorities and private individuals. Like all other auction companies, Kvdcars’ role, against commission, is to convey property from the companies and authorities etc. (the “Clients”), which commission Kvdcars to sell vehicles and other property, to buyers.

3. Registration

The Customer registers, so as to be able to use the Services, by filling in a registration form on the Website.

Registration on the Website as a Customer is free of charge. After entering the information on the Website, the Customer receives a user account. An activation code is sent to the Customer via email. If the Customer needs help with the registration, they will be referred to Kvdcars’ Customer Centre.

The Customer must state correct personal data and contact information and keep the information updated. The Customer is liable for incorrectly completed information. Information about how Kvdcars handles personal data may be found in Kvdcars’ Website Policy, which forms an integral part of these Conditions."

The Website is not available to, and must not be used by, persons under the age of 18 or persons whose legal ability to act is limited for other reasons or whose status as Customer has been temporarily or finally closed by Kvdcars.

The Customer is liable for all action taken while logged in using the Customer’s name and password. The Customer is only entitled to use the Service by using its own login name or email address and password. The Customer must ensure to the best of its ability that the password is kept confidential and does not become known to any unauthorised person. Furthermore, the Customer may not permit, directly or indirectly, any unauthorised person to use its login name, email address or password. The password must be changed immediately if there is reason to suspect that the information has been disclosed or in any other way misused. The Customer must also notify Kvdcars immediately if there is any suspicion that an unauthorised person knows the Customer’s password. The Customer’s own login name or “alias” may not in any way be perceived as offensive or be formulated in a way that might disrupt the auction.

Kvdcars is not liable for any losses caused as a result of unauthorised use of a Customer’s login information or user account unless due to Kvdcars’ negligence.

4. Auctions and bidding

The auction object is put up for sale via online auction on the Website. Tests and descriptions of Auction Objects that are put up for sale are always in accordance with Kvdcars’ templates and system and in accordance with appropriate parts of the Terms and Conditions. All Auction Objects are sold in existing condition and more information about this may be found in Kvdcars’ Purchase Conditions for Consumers.

Kvdcars’ online auctions are held throughout the week on the Website. Kvdcars may from time to time offer various Services and the opportunity to make bids and participate in bidding, as well as other possible services. The services may be free of charge or they may be associated with fees of various kinds. If a Service has an associated fee, this is stated on the Website. The conditions for bidding on the Website are given below.

Bidding on the Website is completely open and may be followed by all. To be able to bid, the Customer must first register as a member according to these conditions. A Customer wishing to participate in bidding on the Website may do so if it complies with the Terms and Conditions and undertakes to follow Kvdcars’ rules and directions. It is not permitted to participate in bidding on the Website for objects submitted oneself nor to manipulate bidding in any way, such as through a representative. Anyone making a bid on behalf of another accepts full responsibility as the person making the bid and thereby participating in the bidding on their own account. Kvdcars reserves the right to remove an Auction Object from the Website during the course of bidding.

A Customer may log in and make a bid in an auction on the Website at any time until the auction closes. It costs nothing for a Customer to make a bid. A Customer wishing to make a bid must follow the instructions on the Website. If a Customer regrets a bid and wishes to remove it, the Customer shall inform Kvdcars of this by sending an email to kundcenter@kvdbil.se no later than six hours before the auction countdown begins. It is not possible to remove a bid that is made less than six hours before the countdown to the auction begins. For each Auction Object there is a stated time at which the countdown for the auction starts. If a new bid is made within approximately 3 minutes and 30 seconds of this time, the auction continues and the auction time is extended by a further 3 minutes and 30 seconds, approximately. When no bids have been submitted for approximately 3 minutes and 30 seconds, the auction is closed. The end of the auction is thus moveable and cannot be predicted. Information about ongoing auctions and preliminary closing dates may be found on the Website.

5. Reservation price

For Auction Objects, there is often a minimum price for which the Client is willing to sell the Auction Object (the “Reserve Price”). The Customer should make a bid that corresponds to the highest amount that the Customer is willing to pay for the Auction Object. Kvdcars recommends that Customers take into account the condition described when making bids.

The Reservation price (the lowest accepted bid) is decided by the seller in consultation with Kvdcars within reasonable limits. As a rule the Reservation price is not set higher than the estimated selling price.

6. End of auction

The highest stated bid wins. Making the highest bid does not mean that Kvdcars has accepted the bid or that the Customer has the right or obligation to purchase the Auction Object. It only means that the Auction Object is reserved for the Customer until such time as the Customer has inspected it for a possible purchase. Final acceptance occurs when entering into a purchase agreement at Kvdcars’ premises after the auction.

If an auction ends with two bids of the same amount, the bid that was submitted first wins. In the event of a dispute regarding the bidding, Kvdcars alone shall make the final determination of which bid takes precedence. If the Reserve Price has not been achieved, the Client is entitled to either put the Auction Object up for sale again without prior contact with the winning Customer or accept the highest bid, giving the Customer the opportunity to purchase the Auction Object. In many cases this means that negotiation will take place and the Customer is normally contacted within 24 hours. If the Reserve Price is achieved (which is shown as “Yes” under the object view on the Website), the Customer may be given the option to purchase the Auction Object at the agreed price.

After the auction, Kvdcars contacts the winning bidder by email or telephone to confirm the bid. At the same time, Kvdcars and the highest bidder agree on a day when the bidder can inspect the Auction Object. The Customer and Kvdcars (alternatively the Client) enter a binding purchasing agreement in Kvdcars’ premises after the auction once the Customer has had a chance to inspect the Auction Object. Kvdcars’ applicable Purchase Conditions for Consumers are attached to these Conditions for your information and will be available for review by the Customer at the time of entering into the purchase agreement. The Purchase Conditions for Consumers are available on the website and at Kvdcars’ premises.

Winning bidders are responsible for answering their telephones and reading their email after the end of the auction. In cases where Kvdcars has been unable to contact the winning bidder by the working day following the auction, in spite of repeated attempts, Kvdcars is entitled to offer other bidders the chance to buy the Auction Object, unless otherwise agreed.

7. Misuse

If Kvdcars has reason to suspect that the Customer is misusing their user account or their login information, or is otherwise in breach of the provisions of these Conditions, Kvdcars may at their discretion and without prior notice to the Customer: (i) terminate the Customer’s user account, (ii) limit the Customer’s right to use the Website by preventing login and/or (iii) block access to the Website.

Kvdcars also reserves the right to limit or ban access to and use of the Services, stop bids, delay or remove contents on the Website and take technical and legal measures to prevent the Customer from using the Services if Kvdcars has reason to suspect that the Customer is misusing them, for example by bidding on Auction Objects that they do not intend to purchase, by manipulating the bidding or on their own contacting the selling client in an attempt to close the deal.

Kvdcars is also entitled, regardless of reason, to send a request to the Customer to change their login information.

If the Customer has submitted misleading information indicating that they are acting as a private individual when they in fact represent a business customer, Kvdcars is entitled to charge the Customer a Bidding Fee for each auction won that the Customer has not followed through on, see item 4 of the Terms and Conditions of Auction and Membership for Business Customers.

8. Typographical errors and any technical problems

Kvdcars cannot be held responsible for any typographical errors on the Website. Nor can Kvdcars guarantee that all pictures exactly reflect the true appearance of the Auction Object.

Kvdcars has the right to refrain from selling, ignore bids from certain bidders or decide whether bidding is to be performed again because of unclear points regarding the last bid, technical problems, typographical errors or other reasons. In the event of technical problems or failure on the Website that mean that correct bidding cannot be performed, Kvdcars reserves the right to finally decide that the auction is to be stopped and repeated at a later time. In such a case, the bidders in question are notified.

Kvdcars cannot guarantee that the Website will be free of faults and disturbance, that faults will be rectified or that the Website or the servers that facilitate the Website are free of damaging components. Kvdcars is not liable for damage or loss or consequential damage that may be caused to the Customer or Client due to technical faults, communication problems or similar circumstances.

The Website may be subject to operational disturbances as above. Kvdcars reserves the right to postpone the time and date of the end of an auction after unexpected disturbances, including, but not limited to, faults in the internet connection with the server, computer infringement or service interruptions by suppliers. Kvdcars is therefore not liable for any overloading of the Website or its consequences. Nor can Kvdcars be held liable if a bid is not registered, contact is not established after bidding, the wrong bidder is contacted or if the Auction Object is sold to someone other than the highest bidder. Furthermore, Kvdcars cannot be held liable for faults or damage that arise as a result of incorrect or unauthorised use of a user account or password.

Nor is Kvdcars liable for damage, loss or consequential damage that may be caused to the Customer or Client because the Reserve Price noted in Kvdcars’ internal system is incorrect or has not been approved by the Client, with the consequence that the auction must be performed again.

The above does not apply, however, in the event of gross negligence or intent. This waiver does not limit Kvdcars’ liability pursuant to unavoidable legislation.

9. Specific limitation of liability

What is stated in this point 9 applies to consumers to the extent that the point may be considered to correspond to appropriate law.

Kvdcars is not liable for direct or indirect damages that may be incurred by a Customer. This limitation does not apply, however, in the event of gross negligence or intent. Kvdcars’ liability is further and under all circumstances limited to a sum corresponding to what the Customer has paid or should have paid for the Services that Kvdcars provided to the Customer.

10. Notifications

Notifications from Kvdcars to the Customer are found on the Website and/or sent to the email address that is registered on the Website. Notifications from the Customer to Kvdcars must be sent in the manner stated on the Website. Notifications on the Website are deemed to have been sent to the Customer as soon as the notification is made accessible. Notifications sent by email are deemed to have been sent to the other party immediately after sending. Notifications sent by ordinary post are deemed to have arrived with the other party three (3) days after sending.

11. Agreement period

These Conditions enter in to force when the Customer has registered on the Website and apply until further notice. A Customer who has been excluded from the Website as a result of breach of the Terms and Conditions is not entitled to re-register or use the Website or Services via another Customer’s login with out Kvdcars’ prior written consent.

Kvdcars is entitled, as it thinks best, to decide to cease to provide the Website and Services or parts of these.

The Customer is entitled to terminate its membership of Kvdcars. In the event of termination, the Terms and Conditions continue to apply to actions, such as bidding, that the Customer performed before termination.

12. Intellectual property rights

The Website and the Services, their content and all intellectual property rights that protect these are owned by Kvdcars. The Website and its content are protected by copyright and database protection (catalogue protection). Unauthorised use or copying of all or part of the Website and Services may represent illegal infringement of intellectual property rights and may result in liability for damages. Kvdcars, KVD and its related logos and logotypes comprise Kvdcars’ brands. Use of these brands may only occur after Kvdcars’ written approval and, after such approval, only according to Kvdcars’ instructions.

13. Transfer

Kvdcars is entitled to assign the agreement that is regulated by these Conditions between Kvdcars and the Customer including, but not limited to, all or part of the associated rights and/or obligations to a third party. In the event of such assignment, Kvdcars will advise who has taken over the Terms and Conditions, rights and/or obligations after the assignment by means of notification on the Website or via email. If Kvdcars assigns the Terms and Conditions to a third party, the third party is then entitled to provide the same or similar services on another website. A Customer may not assign its rights and obligations according to the Terms and Conditions to a third party.

14. Amendments to the Terms and Conditions

Kvdcars may amend the Terms and Conditions, the Services and the prices for these, as well as the content of the Website, from time to time. In the event of significant changes to these Conditions, the Customer will be informed before logging in via the Website. This does not apply, however, if the change relates to amendments to legislation, statutes or the decisions of the authorities, if the change must be made immediately.

Unless Kvdcars and the Customer agree otherwise, amendments take effect thirty (30) days after the Customer has been informed of the amendment. If the Customer does not wish to accept changes in the Terms and Conditions or Services, including price changes, the Customer is entitled to terminate the agreement for access to the Website with immediate effect. In such cases, the Customer will no longer be able to log in and use the Services, and membership ceases. Such termination must be done by the Customer before once again using the Website. Kvdcars recommends that the Customer stays regularly updated on the Website in order to be aware of any changes in the Terms and Conditions.

15. Supplementary services: finance, insurance, transport, etc.

Kvdcars offers information about a number of supplementary services. More information may be found on the Website under the tab “Other services and offers”, as well as in information about each Auction Object. The suppliers are entirely responsible for these supplementary services and the Customer signs an agreement with each appropriate supplier separately. Kvdcars only provides information about such services. Kvdcars therefore cannot be held responsible for the content of this information or the respective suppliers’ fulfilment of applicable legislation or their undertakings.

16. Applicable law and disputes

Disputes regarding the interpretation or application of these Conditions and the Website in general must be interpreted in accordance with Swedish law and should in the first instance be resolved by negotiation between the parties if possible. In the event that the parties are unable to agree, the dispute will be resolved in the Swedish courts.

These terms and conditions have been established by Kvdcars on 10/03/2018.

Purchase Conditions for Consumers

1. Introduction and background

These Purchase Conditions for Consumers (the “Purchase Conditions”) apply when you as a private individual (the“Customer”/“you”) buy one or more objects on site at one of Kvdcars’ facilities.

The agreement is entered into between the Customer and Kvdbil AB, corporate registration number 556746-1180 (“Kvdcars”) on behalf of a client (the “Seller”). Kvdcars has more than 25 years’ experience of selling vehicles and other property at auction. The object for sale by Kvdcars by means of bidding (the “Object”) is sold by Kvdcars in its own name but on behalf of the Seller.

Kvdcars always considers its Customers and naturally follows all the rules of consumer legislation and the decisions of the National Board for Consumer Complaints. A Customer must be at least 18 years of age in order to buy an Object. Unfortunately Kvdcars cannot accept purchases by persons aged under 18 or persons whose legal ability to act is limited for other reasons.

When a Customer places the highest bid, this entails an option, but not a right or obligation, to purchase the Object. An agreement regarding the purchase of the Object is signed in person at one of Kvdcars’ facilities or branches. The Customer may not, without Kvdcars’ consent, transfer the option to buy an Object or to direct another Customer to buy the Object. If the customer chooses to designate another buyer, Kvdcars may charge an administrative fee of SEK 2,000. There are specific conditions, in addition to these conditions, applying to foreign Customers; see point 14 below.

2. Object and Description

Kvdcars’ assignment from a Seller normally includes valuing and writing a description of an Object (the “Description”). Objects are normally used and Kvdcars’ intention is that the Description should be as true and fair as possible, but also clear and easy to read. An Object available for sale by Kvdcars is represented by the Description, which gives information about the Object and its main properties and an estimated auction price.

Kvdcars does not guarantee that all information in the Descriptions of Objects is correct. The Customer must check the Object’s condition in a scheduled viewing or when completing the purchase on site and approve that the condition corresponds to what the Customer might expect with regard to the Description. Kvdcars is not liable for any damages or defects arising from such a Description. The Customer accepts that simpler chattels for an Object may be missing, even if this is not stated in the Description. Such chattels may include, but are not limited to: spare wheel, tyre puncture kit, jack, tools, garage and repair documents, floor mats, hub caps, etc. The fact that such simple chattel is missing shall not be considered a substantial fault, even if it has not been specified in the Description of the Object. The fact that simple chattel is missing does not give the Customer a valid reason to request a price deduction.

An approximate price at a car dealership as stated in the Description is Kvdcars’ estimated market price for a similar object in faultless condition and serves only as guidance for the Customer. The price at which the Object finally sells can be considerably over or under the approximate price at a car dealership. Kvdcars cannot guarantee that the Customer could not find a similar Object at a lower price. The estimated price stated is obtained from Kvdcars’ valuers, who are specialists appointed by the Chamber of Commerce, in order to ensure as good a valuation as possible. Analyses and evaluations are made from a number of sources, including various industries’ pricing material, systematic searches of the internet for relevant offers on both the Swedish and foreign markets and the databases of Kvdcars’ valuation company, KVD Bilpriser AB.

Information in a Description may have changed due to additional circumstances. If a Description is given in more than one language, the Swedish version applies in the first instance.

3. Viewing and obligation to investigate

Time and place for a possible viewing of the Object prior to the auction will be indicated on the Website. Objects are normally available for scheduled viewing and collection at one of Kvdcars’ facilities or branches.

The Customer has been able to form an impression of the Object for sale by viewing, either at a Kvdcars facility or branch and has then submitted a bid based on what the Customer considers the Object to be worth. In cases where viewing the Object has not been possible, the Customer has been able to judge the Object to the best of their ability by studying the Description and pictures of the Object and by consulting Kvdcars as needed.

Information about the Object in the Description has been designed to be clear and easy to read. Kvdcars’ tests of the object focus on safety details and technical function, which have been described in more detail in the Description based on the results of such tests, while what is mainly of a cosmetic nature has been described in more general terms.

Unless otherwise stated by Kvdcars in the Description or when completing the purchase on site, the Object has been inspected and tested by Kvdcars’ vehicle technicians or other expert and valued by valuers or specialists. It is however the Customer’s responsibility to check that the Object corresponds to what he or she might expect with regard to the Description.

The Object is sold used and in existing condition. The Object offered for sale may have faults and defects. The Customer must therefore carefully investigate and assess the Object’s condition. Pictures of the Object in the Description are for identification purposes only and cannot be used to judge the Object’s condition. If significant information in the Description is directly misleading however, this may represent grounds for cancelling the purchase.

Kvdcars is not responsible if the Customer has neglected his or her obligation to investigate as above and is not responsible for what the Customer may have noticed or should have noticed if the Customer fulfilled the obligation to investigate. More about Kvdcars’ responsibility for the Object may be found in item 9 below.

4. Inspection and specific guarantee

The Customer must, in exercising the obligation to investigate according to point 3 above, inspect and approve - personally or through a representative - the Object that the Customer is to purchase. After such an inspection, a binding purchase agreement with Kvdcars can be entered into, for which these Conditions apply in their entirety. The Customer is entitled to opt out of purchasing the Object until a binding purchase agreement has been entered with Kvdcars.

If the bidder with the highest bid for a certain Object has not inspected the Object on site by the indicated/agreed time, Kvdcars is entitled to bring the car up for auction again.

Kvdcars guarantees that the Object does not have any tax liabilities and that any other residual debt will not be charged to the Customer.

5. Specifics on declarations

Where an object is a used car, the description of goods follows the Swedish Consumer Agency’s guidelines for the description of goods for used cars (KOVFS 2002:1). The guidelines include requirements that the Consumer Agency finds to be significant from the consumer viewpoint. They have been prepared after discussion with the national motor industry association Motorbranschens Riksförbund. These guidelines apply when Kvdcars sells used cars to individual consumers. Used car means a car that is primarily intended for the carriage of persons and that has been driven 1,000 kilometres or more.

Kvdcars’ description of goods for used cars is available when viewing the Object on the Kvdcars website. Kvdcars encourages the customer to save the description of goods for any future contact with Kvdcars’ customer centre regarding the car. However there is no description of goods in the case of vehicles that are sold on behalf of the enforcement service or bankruptcy administrators, nor for vehicles registered as goods vehicles or vehicles with an estimated sales value of less than SEK 15,000.

6. Charges and Payment

6.1 Charges

A Customer who places the highest bid in accordance with the Terms and Conditions of Auction and Membership for Consumers, and who following inspection signs a purchase agreement in accordance with these Purchase Conditions shall pay a charge to Kvdcars in conjunction with the payment of the agreed price of the Object (the “Bidding Fee”). The Bidding Fee is intended to cover Kvdcars’ costs of handling the Object, website, marketing, administration, etc. and varies in size depending on which type of Auction Object is involved. The Bidding Fee for each Object is indicated in the object view on the Website.

The Customer is not obligated to pay the Bidding Fee if the purchase of the Auction Object is not completed for any reason. The Customer is furthermore not obligated to pay the Bidding Fee if the Customer does not come to inspect the Auction Object on site within the stated time. If the Customer has ordered transport of the Object from one Kvdcars facility to another, and this service has been completely or partially provided, the Customer will also be charged the transport cost, unless otherwise stated in these conditions. The transport cost appears either by the Object or on a page specified by Kvdcars on Kvdcars’ website www.kvd.se.

6.2 Payment by the Customer

The agreed price and associated Bidding Fee shall be paid in conjunction with Kvdcars and the Customer entering into a purchase agreement. Kvdcars encourages the Customer to have thought out in advance how the Object is to be paid for. Note that there may be limitations to payment alternatives.

Kvdcars reserves the right to not always offer all payment alternatives or to change the method of payment if that chosen by the Customer does not function at time of payment for any reason. Receipt of the payment or instalment is provided when the Object is collected.

6.2.1 Financing through Kvdcars

Kvdcars offers the Customer various finance alternatives for payment for an Object. For more information about how Kvdcars can help a Customer to finance the purchase of the Object, contact Kvdcars’ customer centre at kundcenter@kvdbil.se or telephone 010-167 30 00. This is a voluntary service that Kvdcars offers to its customers. It is entirely up to the Customer whether to use this service or to pay on site.

If the Customer chooses a finance alternative as above, a credit application may be made before the purchase agreement is entered into or before bidding by means of a so-called loan commitment. Separate conditions apply for payment via credit. Contact the customer centre atkundcenter@kvd.se or telephone 010-167 30 00 for more information.

6.2.2 Bank transaction and Swish

You can choose to pay through a bank transfer or via Swish. If you choose to pay via Swish, the payment limit is SEK 150 000. Remember to raise your transaction limit, at your bank.

Kvdcars does not accept the following methods of payment:

• Credit- debit or charge card

• Cash payment

• Postal order

• Cheque

• Company card

• Foreign card

If the Customer is located outside Sweden, special conditions apply as shown in point 14 below.

6.2.2.1 Special terms for payment by invoice

Credit check: When applying for payment by invoice, a customary credit check will be conducted, which may involve obtaining a credit report.

Payment terms: The due date and other conditions for the invoice are stated on the invoice. For invoice payments, the payment must be received no later than 30 days from the invoice date or by the later date specified on the invoice. In the event of late payment, a reminder fee of SEK 450 and a late payment interest rate of 2% per month from the due date until full payment is made will be applied.

Assignment: All invoices will be assigned to Svea Bank AB, 556158-7634 ("Svea Bank"). All payments related to the invoice must be made to Svea Bank.

GDPR: When paying by invoice, the invoice will be assigned to Svea Bank, and Kvdcars will share the Buyer’s personal information with Svea Bank. Svea Bank is responsible for personal data regarding the claims that Kvdcars has assigned to Svea Bank. For detailed information about how Svea Bank handles personal data, please refer to Svea’s data protection information available at Svea's Data Protection Page or contact Svea by mail at 169 81 Solna, by phone at 08 – 514 931 13, or by email at swp@svea.com. The Data Protection Officer can be reached at privacy@svea.com.

Retention of ownership and repossession of the purchased object: Kvdcars reserves ownership of the purchased object until the Buyer has fulfilled all obligations under the applicable terms, including full payment of the invoice. The Buyer is prohibited under penalty of law from selling, renting, pledging, or otherwise disposing of the purchased object or any part thereof (e.g., offering the purchased object as a trade-in) before the ownership has fully transferred to the Buyer.

6.3 Non-payment

If the purchase has been made but the Customer has chosen one of the payment solutions above and the payment has not been completed by the time stated for such a choice, Kvdcars is entitled to take one or more of the following courses of action. If payment is not completed as above, Kvdcars is entitled to sell the Object to another customer at the price that Kvdcars finds appropriate. In case of a resale, Kvdcars is entitles to an amount paid by the Customer in compensation for costs related to services ordered by the client that have been completely or partially provided, such as transport from one facility to another, costs of insurance policies and financing agreements, etc. If the sales price is not sufficient to cover Kvdcars’ claim, the Customer shall provide the difference.

6.4 VAT

If the Object is a car, this is sold including VAT unless otherwise stated by Kvdcars. VAT is also added to the Bidding Fee. Customers may find more information about VAT for each Object.

7. Collection and transport

Collection must occur in connection with the purchase of the Object, i.e. on the day that the purchase agreement is entered into, unless the Customer and Kvdcars specifically agree otherwise. The day the purchase agreement is entered into appears on the confirmation or Description. Kvdcars is not responsible for transport, unless otherwise agreed, and freight charges are not included in the purchase of an Object. Purchased objects may not be collected until full payment has been received by Kvdcars in accordance with point 6 above, unless Kvdcars and the Customer have agreed on credit payment according to a separate agreement.

For Objects that are not collected within three (3) working days from the day of purchase, a storage charge of SEK 300 per Object per day will be made unless otherwise agreed between Kvdcars and the Customer. If the Customer is prevented from collecting the Object on the intended date and time, the Customer must contact Kvdcars using the contact information given by Kvdcars. When collecting the Object, it is the Customer’s responsibility to investigate the Object to ensure that it is not defective.

8. Re-registration and insurance of vehicles

All vehicles that are registered in the Swedish vehicle register must be re-registered to the Customer by Kvdcars as soon as possible, normally immediately after entering into the purchase agreement. Insurance is also taken out when entering into the purchase agreement. Kvdcars has a link to the vehicle registry and reports the vehicle as being in traffic unless it is banned from the road or there is some other obstacle. The Customer receives vehicle tax credit at the same time.

Re-registration normally occurs within a few days after sale. In certain cases however, re-registration can take more than two (2) weeks if the vehicle has a so-called leasing block. However this does not affect the Customer’s ability to use the vehicle. Nor does it affect the right of ownership.

9. Liability for faults

Kvdcars represents the Seller with regard to responsibility for faults in the Object. The Customer may not approach the Seller directly. All Objects are sold in existing condition as seen, that is to say the condition of the Object at the time of purchase. Used goods may have defects. This is something that the Customer must expect. For faults in Objects that consist of the Object not fulfilling the agreed properties or not being in the same condition as the Customer might have good reason to expect with regard to the Object’s price and other circumstances, Kvdcars is responsible in accordance with the following rules. Kvdcars urges the Customer to note that normal wear and tear does not constitute a fault in the legal sense.

The Seller and Kvdcars have an obligation to advise of faults of which they are aware. The Seller and Kvdcars are not liable for faults that occur after the Object comes into the possession of the buyer. The Seller and Kvdcars are not responsible for:

*(a) faults that arise from the Object’s being exposed to normal wear and tear; (b) faults, defects or damage that are noted in the Description; (c) faults that the Customer might have expected in relation to price and age; or (d) faults that the Customer is or should have been aware of, such as those that the Customer should have noticed through careful perusal of the Description and studying the pictures attached to the Object or such as the Customer should have seen/noticed during viewing in accordance with point 3 above or a test drive. *

If the Object is sold as a “repair object”, Kvdcars is not responsible for any fault, even if the Object has more comprehensive or other faults than those stated. Kvdcars is not responsible for the description of the Object in the Description being exhaustive with regard to damage, defects or faults.

The Seller and Kvdcars are not responsible for faults in property that is sold for the enforcement service, bankruptcy administrators or other enforced sales. For these Objects, there is no right of complaint under the Consumer Purchases Act and there is no need for them to have a description of goods.

10. Complaints and right of withdrawal

10.1 General

Kvdcars represents the Seller with regard to questions and complaints. The Customer may not approach the Seller directly. The Customer may not cite that the Object is defective unless the Customer sends Kvdcars notification of the fault by the stated deadline (complaint). The Customer has an obligation to investigate the Object in accordance with these Conditions. Faults that are or should have been noticed when the Object is investigated by the Customer in such cases must be notified immediately.

The Customer must make a claim to Kvdcars as soon as a fault is noticed. Complaints must be made in writing to the following address: reklamation@kvdbil.se. A written notification of complaint must contain information about which Object the complaint refers to, a description of how the fault manifests itself and all other relevant information and circumstances that may be of significance. To avoid misunderstanding, it should be noted that an incorrectly presented bid is no reason for complaint. Kvdcars reserves the right to deny a complaint if it proves that the Object is not defective.

Complaints shall be made as soon as possible after the fault is discovered.

The Customer has three (3) years’ right to make such a complaint. The right to complaint only covers goods that are defective as above and under the Consumer Protection Act.

10.2 Rectifying confirmed faults

Kvdcars is entitled to rectify such faults in the sold Object as the Seller is liable for. Kvdcars is also entitled to refer the Customer to another equivalent Object.

In the event of a complaint, Kvdcars must always be notified before any form of repair is carried out. In such cases, an estimate of costs must be sent to Kvdcars. Kvdcars must in this way be given the opportunity to first assess and approve the estimate of costs or to rectify the fault with its own resources.

If the correction of a fault in an Object does not occur within a reasonable time after presentation of a complaint by the Customer, or if the fault is of material significance to the Customer, the Customer is entitled to withdraw from (cancel) the purchase and, against return of the Object, receive the amount that was paid for it. Before any compensation for direct expenses such as travel expenses can occur, these must be substantiated by the Customer by means of receipts or other evidence. In the event of cancellation of purchase, Kvdcars is entitled to make a deduction for use amounting to 0.5% of the purchase price for every whole month since the date of purchase and 0.5% of the purchase price for every 1,000 kilometres driven, which is in line with MRF’s industry practice.

In the event of a substantial fault, Kvdcars reserves the right to buy back the Object for the auction price, less a deduction for any wear and tear etc., unless otherwise agreed with the customer.

If the Customer has made a claim and no fault exists for which Kvdcars is liable, Kvdcars is entitled to compensation for its costs.

10.4 Right of withdrawal

As the bidding does not result in an agreement between the Customer and Kvdcars (which is instead signed in person at Kvdcars’ facility after inspection), the Distance and Doorstep Sales Act (2005:59) is not applicable to the remote relationship between the Customer and Kvdcars. Against this background, the Customer is not entitled to withdraw the purchase.

10.4.2 Right of withdrawal at home delivery

In cases where the Customer has chosen home delivery of the Object, the customer has the right of withdrawal in accordance with the Act (2005: 59) on distance contracts and agreements outside business premises. The customer then has the right to withdraw from this agreement without giving any reason within 14 days. The cancellation period expires 14 days after the day the Customer or any third party on behalf of the Customer received the Object. If the Customer wishes to exercise the right of withdrawal, a clear and clear message must be sent to Kvdcars about the Customer's decision to cancel the agreement. Customer may notify Kvdcars as follows:

Kvdcars AB Kilsgatan 4
SE-411 04 Gothenburg
Email: customercare@kvdcars.com
Phone: +46 10 167 30 00

When exercising the right of withdrawal, the Customer is can use the following form: Returblankett Hemleverans

If the Customer cancels this agreement, Kvdcars will repay all payments received from the Customer for the Object, including the cost of home delivery (however no additional delivery costs as a result of the Customer choosing a different delivery method than the cheapest standard delivery Kvdcars offers). The refund will be made without undue delay and no later than 14 days from the date when Kvdcars was notified of the Customer's decision to terminate the agreement. Kvdcars will use the same means of payment for the refund that the Customer himself has used for the purchase, unless the Customer has explicitly agreed with Kvdcars about something else. Kvdcars has the right to wait for the refund until Kvdcars receives the Object from the Customer or until the Customer has submitted proof that the Customer has returned the Object, whichever occurs first.

The Customer shall return the Object to Kvdcars or book the return of the Object via a transport company designated by Kvdcars without undue delay and in any case no later than 14 days after the date on which the Customer notified Kvdcars of the termination of the agreement. The withdrawal period shall be deemed to have been observed if the Customer returns the Object before this fourteen-day period has expired.

If the Customer wishes to use Kvdcars's designated transport company for the return of Objects, this can be done through Kvdcars's customer center. Collection of the Object takes place at the time agreed between the Customer and Kvdcars.

The Customer shall pay the costs of returning the Object. If the transport company is hired via Kvdcars upon return of the Object, the Customer shall pay SEK 1995 for this service.

Please note that the Customer is responsible for the reduced value of the Object as a result of handling other than that necessary to determine the nature, properties and function of the Object. To determine this, the Customer has the right to drive the Object up to 10 kilometers. In the event that the Customer exercises his right of withdrawal, Kvdcars reserves the right to charge the Customer with SEK 40 per travelled kilometer if the Object has been driven over 10 kilometers at the time the Customer returns the Object to Kvdcars or, if designated by Kvdcars, the transport company hired collect the item from the Customer or at another agreed address for return to Kvdcars. Kvdcars also has the right to compensation for the Object's depreciation if the Customer uses and handles the Object in a way that is not necessary to determine the Nature, properties and function of the Object.

10.4.3 Kvdcars's right to sell the Object to another customer when the Customer exercises the right of withdrawal

The Customer undertakes to sign a power of attorney for Kvdcars to carry out re-registration (change of ownership) of the Object to the new owner on behalf of the Customer and to carry out the sale of the Object in such a way that Kvdcars considers appropriate. Such a proxy form is obtained through paperwork in the car or through Kvdcars's customer center and must be signed by the Customer in connection with the Customer notifying Kvdcars that the agreement will be withdrawn.

11. Force Majeure

If Kvdcars’ fulfilment of its undertakings according to the Terms and Conditions is prevented or made significantly more difficult due to circumstances outside Kvdcars’ control, such as general labour conflict, war, fire, lightning strike terrorist attack, changes in the rules of the authorities or the intervention of the authorities, this represents grounds for release from liability and other consequences. If Kvdcars’ fulfilment of the Terms and Conditions is prevented for longer than three months by these circumstances, the Customer will be entitled to cancel the purchase.

12. Supplementary services: finance, insurance, transport, etc.

Kvdcars offers information about a number of supplementary services from other companies. More information may be found on Kvdcars’ website www.kvdbil.se under the tab “Other services and offers”, as well as in information about each Object on the website. The companies that sell these supplementary services are entirely responsible for them and the Customer signs a separate agreement with them.

13. Applicable law and disputes

Disputes regarding the interpretation or application of these Conditions must be interpreted in accordance with Swedish law and should in the first instance be resolved by negotiation between the parties if possible. In the event that the parties are unable to agree, the dispute will be resolved in the Swedish courts.

14. Conditions for sale to countries outside Sweden

Since the Object will be exported, the following conditions apply in addition to those given above. Export entails an additional administrative fee, which is specified on the Website.

Sale to private individuals within the EU:

• The Customer always pays VAT on bidding fees, transport and other services in Sweden.

• The Customer always pays Swedish VAT on the Object.

• A deposit of SEK 8,000 is paid for a registered Object; no deposit is paid for an unregistered Object.

• The Customer must give Kvdcars the IBAN account number, Swift address and correct name of account holder when collecting the Object, so that Kvdcars can repay the deposit as quickly as possible after proof of export has been provided.

• On delivery, the Customer/courier must present a form of identification such as a driving licence or passport.

• If the Customer uses a courier for delivery, the courier must carry an authorisation to sign a purchase agreement.

Export to private individuals outside the EU and to Åland:

The Customer always pays Swedish VAT on bidding fees, transport and other services in Sweden.

• The deposit on registered vehicles is never lower than SEK 8,000, regardless of the level of VAT, but can be higher, although not more than 25% of the amount of the total purchase of goods and services.

• The deposit on unregistered Objects is never lower than SEK 1,000, regardless of the level of VAT, but can be higher, although not more than 25% of the amount of the total purchase of goods and services.

• The deposit is repaid when proof arrives at Kvdcars that the goods have left the country. This proof must be received by Kvdcars no later than 15 days after the date of the receipt.

• If the Customer cannot deduct the VAT on the Object, there is always a deposit of SEK 8,000 on unregistered Objects and there is no deposit on unregistered Objects.

• The Customer must give Kvdcars the IBAN account number, Swift address and correct name of account holder when collecting the Object, so that Kvdcars can repay the deposit as quickly as possible after proof of export has been provided.

• On delivery, the Customer/courier must present a form of identification such as a driving licence or passport.

• If the Customer uses a courier for delivery, the courier must carry an authorisation to sign a purchase agreement.

These terms and conditions have been established by Kvdcars on 07/11/2022.