Terms and Conditions

1.1These Terms and Conditions govern participation in the auctions held on the AutoEpoque platform, available at autoepoque.com and operated by AutoEpoque S.r.l., an Italian limited liability company with registered office in Turin (TO), Via Quittengo 35, postcode 10154, tax code and Turin Companies Register number 13292950014, REA TO-1353023, certified e-mail (PEC) [email protected] (hereinafter "AutoEpoque" or the "Platform").

1.2Contacts: PEC [email protected] · e-mail [email protected].

1.3For the purposes of these Terms:

• "Seller" means the professional automotive trader offering a Lot at auction. Private sellers are not admitted;
• "Lot" means the vehicle or other item listed at auction, identified by a code and presented anonymously;
• "User" means anyone who accesses the Platform;
• "Bidder" means a registered and verified User who places one or more Bids;
• "Bid" means the irrevocable offer to purchase the Lot made by the Bidder under article 1329 of the Italian Civil Code;
• "Winner" means the Bidder whose Bid is the highest when the Auction closes;
• "Hammer Price" means the amount of the winning Bid;
• "Reserve Price" means the confidential, undisclosed minimum amount agreed between the Seller and AutoEpoque;
• "Auction Fee" means the consideration owed by the Winner to AutoEpoque, determined under article 9;
• "Letter of Intent" or "LOI" means the document by which the Winner undertakes to purchase from the Seller;
• "Service" means the service provided by AutoEpoque to the Winner, consisting of collecting the LOI and making the Seller's identification and contact details available.

2.1No contract for the sale of the Lot is concluded on the Platform. The sale is concluded directly and exclusively between Seller and Winner, outside the Platform.

2.2Registering, placing a Bid and using the Platform constitute full acceptance of these Terms.

3.1Browsing Lots is open to everyone. Placing Bids is reserved to registered Users who have successfully completed identity verification.

3.2Registration is reserved to natural persons of legal age with full legal capacity and to legal entities acting through an authorised representative.

3.3Placing Bids is free of charge. No payment method needs to be registered, and no holds, authorisations or restrictions are placed on the Bidder's funds.

3.4The User warrants that the data provided is true and up to date and undertakes to keep it updated. Login credentials are personal and non-transferable.

3.5AutoEpoque may refuse a registration, suspend an account or cancel Bids already placed where there are reasonable grounds to suspect untrue statements, manipulative conduct or previous defaults, or at the request of the Authorities.

3.6A Seller may not bid on its own Lots, directly or through third parties. Any conduct aimed at artificially altering the course of the bidding results in exclusion, cancellation of the Lot and AutoEpoque's right to compensation for damages.

4.1Lots are listed anonymously. Until the point set out in article 11, the Seller's identity is not disclosed and the company name, contact details, address, registration plate and chassis number of the Lot are not shown. The Lot's location is given at regional level only.

4.2Users may not publish, in comments or through any other means provided by the Platform, information capable of identifying the Seller, nor request or disseminate such information.

4.3Bidders and Sellers may not contact each other outside the Platform in order to conclude the sale while avoiding the Auction Fee. A breach results in suspension of the account and the obligation to pay AutoEpoque, as a contractual penalty, an amount equal to the Auction Fee that would have been due, without prejudice to further damages.

5.1Lots are listed at the Seller's proposal, subject to an eligibility assessment by AutoEpoque, which may refuse any proposal without having to give reasons.

5.2The information and images in a listing are provided by the Seller, who is solely and exclusively responsible for them and warrants that they are true, up to date and consistent with the item. AutoEpoque carries out a formal check of quality and compliance with its published standards, which does not constitute an appraisal, inspection or substantive verification of the Lot.

5.3AutoEpoque uses the following editorial convention, which the Bidder declares to understand:

5.4Lots are used goods, often of considerable age, and may show wear, departures from original specification, restoration work and defects that cannot be detected from the photographs.

5.5Bidders are invited to carry out any checks they deem appropriate before bidding. A physical inspection of the Lot may be requested through the Platform's tools and, where the Seller agrees, takes place in a way that preserves anonymity until the point set out in article 11.

6.1Each Auction lasts 7 (seven) consecutive days. The opening and closing date and time are shown on the Lot page. Only AutoEpoque's server time is authoritative; the clock of the Bidder's device is irrelevant.

6.2An extended-closing mechanism applies: every valid Bid received in the 120 (one hundred and twenty) seconds before the deadline automatically extends it by a further 120 seconds. The Auction closes only after 120 consecutive seconds without new valid Bids. There is no limit to the number of extensions.

6.3AutoEpoque may suspend, extend or cancel an Auction in the event of technical malfunction, unavailability of the Lot, suspected manipulation or force majeure. In such cases no Bid has any effect and no consideration is due.

7.1Two bidding methods are available:

• Direct Bid: a specific amount, no lower than the current Bid plus the minimum increment;
• Automatic maximum Bid: the highest amount the Bidder is willing to reach. The system places Bids on the Bidder's behalf as needed to keep them the highest bidder, up to that limit and only for the amount needed to exceed the competing Bid by the minimum increment.

7.2A maximum Bid may be increased at any time and may never be reduced or withdrawn.

7.3Where maximum Bids are for the same amount, the one recorded first according to system time prevails.

7.4Minimum increments are set by bands according to the table published on each Lot page.

8.1The Seller may set a Reserve Price, in agreement with AutoEpoque, before the Auction opens.

8.2The Reserve Price is confidential: its amount is not disclosed to Bidders either during or after the Auction and is known only to the Seller and AutoEpoque.

8.3Bidders are told only whether or not the threshold has been reached. The Lot page shows one of the following statuses:

8.4The Seller may waive the Reserve Price during the Auction. The waiver is irreversible, takes effect immediately and is notified to all Bidders. Once removed, the Reserve Price may not be raised or reinstated.

8.5Failure to reach the Reserve Price does not affect the validity or irrevocability of Bids and does not in itself end the procedure unsuccessfully: AutoEpoque still submits the best Bid received to the Seller.

9.1The Auction Fee is payable by the Winner only and is determined by the Hammer Price according to the following table.

9.2A Hammer Price of exactly €10,000.00 falls within the higher band.

9.3Where an automatic maximum Bid is used, the band is determined by the Hammer Price actually reached, not by the maximum set.

9.4No consideration of any kind is payable by the Seller to AutoEpoque for listing the Lot and running the Auction, unless otherwise agreed in writing.

9.5Bidders who do not win incur no charges.

9.6The price of the Lot is paid by the buyer directly to the Seller in the manner agreed between the parties. AutoEpoque does not receive, hold or intermediate such sums and does not provide payment, escrow or guarantee services in any form.

10.1When the Auction closes, AutoEpoque submits the best Bid received to the Seller, regardless of whether the Reserve Price has been reached.

10.2The Seller has 72 (seventy-two) hours to confirm its willingness to proceed. If no reply is received within that period, the offer is deemed not accepted.

10.3If the Seller does not accept or does not reply, nothing is owed by the Winner and no consequences arise for the Winner.

10.4If the best Bid is not accepted, AutoEpoque may submit the next highest Bids to the Seller in descending order, within the irrevocability period set out in article 7.5.

11.1Following the Seller's positive reply, AutoEpoque sends the Winner the request for payment of the Auction Fee together with the Letter of Intent to be signed.

11.2The Winner has 48 (forty-eight) hours from that notice to both pay the Auction Fee and sign the Letter of Intent. The two steps form a single act and must be completed together.

11.3The Letter of Intent is the document by which the Winner undertakes to purchase the Lot from the Seller at the Hammer Price. AutoEpoque is not a party to the Letter of Intent, which binds only the Winner and the Seller. It is signed electronically, with the date, time and IP address recorded.

11.4Once payment and signature are complete, AutoEpoque sends the Winner the Seller's identification and contact details and sends the Seller the Winner's contact details, together with a copy of the signed Letter of Intent.

11.5When the details referred to in article 11.4 have been sent, the Service is deemed fully performed and AutoEpoque's obligations are discharged.

11.6The Seller's identification details are under no circumstances made available before both conditions in article 11.2 have been met.

11.7Failure to pay or to sign the Letter of Intent within the deadline results in the Winner losing their entitlement, the default being recorded, and AutoEpoque being entitled to submit the next highest Bid to the Seller.

11.8A Bidder who incurs 2 (two) established defaults under article 11.7 is suspended from the Platform.

12.1A Bidder acting as a consumer has 14 days, under articles 52 et seq. of the Italian Consumer Code, to withdraw from the Service contract concluded with AutoEpoque.

12.2When placing a Bid, a consumer Bidder is asked to give two separate and specific consents: (i) an express request that performance of the Service begin immediately after the Auction; (ii) an acknowledgement that the right of withdrawal will be lost once the Service has been fully performed.

12.3Under article 59(1)(a) of the Italian Consumer Code, once those consents have been given, the right of withdrawal cannot be exercised after the Service has been fully performed under article 11.5.

12.4The Auction Fee is non-refundable once the Service has been performed, whatever the outcome of the negotiation between Winner and Seller, including where the sale is not concluded.

12.5This article concerns only the Service contract between the Bidder and AutoEpoque. Any right of withdrawal relating to the purchase of the Lot is governed by the law applicable to the sale contract and concerns only the relationship between buyer and Seller.

13.1All aspects of the sale — price, payment method and timing, transfer of ownership, delivery, collection, transport, registration, customs and tax charges, warranties — are agreed exclusively between Seller and Winner.

13.2The parties are invited to arrange payment and collection of the Lot within 7 (seven) working days of being introduced.

13.3As the sale is made by a professional trader, the statutory warranty provisions apply, including, where the buyer is a consumer, articles 128 et seq. of the Italian Consumer Code. These obligations rest solely with the Seller.

13.4Disputes concerning the sale are exclusively between Seller and Winner. AutoEpoque is not a party to the contract, gives no warranty whatsoever on the Lot and is not liable for either party's failure to perform.

13.5AutoEpoque may, at its discretion and without assuming any obligation, informally mediate between the parties and take action on their accounts in response to well-founded reports.

14.1AutoEpoque gives no warranty as to the existence, authenticity, provenance, condition, mileage, identification numbers, fairness of price, documentary compliance, or absence of encumbrances, restrictions or orders affecting the Lot.

14.2AutoEpoque is not liable for inaccurate, incomplete or untrue information provided by the Seller.

14.3AutoEpoque does not guarantee uninterrupted service and is not liable for losses arising from malfunctions, unavailability of the Platform or the Bidder's connectivity problems, including being unable to bid close to the end of an Auction.

14.4To the extent permitted by law, and without prejudice to cases of wilful misconduct or gross negligence and to consumers' mandatory rights, AutoEpoque's liability to the Bidder is limited to the amount of the Auction Fee paid for the Lot in dispute.

15.1The Platform allows comments to be posted on Lot pages. Users are responsible for the content they post and grant AutoEpoque a free, non-exclusive licence to use it on the Platform.

15.2Under article 16 of Regulation (EU) 2022/2065, anyone may report content they consider illegal using the dedicated form or by writing to [email protected]. Reports are handled in a timely, diligent and non-arbitrary manner, and the reporter is informed of the decision taken and of the available means of redress.

15.3Single point of contact for the purposes of articles 11 and 12 of that Regulation: [email protected]. Accepted languages: Italian, English.

16.1Personal data is processed as described in the Privacy Notice published on the Platform, drawn up under Regulation (EU) 2016/679. The data controller is AutoEpoque S.r.l., Via Quittengo 35, Turin.

16.2The Bidder acknowledges that, once the conditions in article 11 are met, their contact details are passed to the Seller so that the negotiation can take place, and that this disclosure is an essential part of the Service requested.

17.1AutoEpoque may amend these Terms by giving notice on the Platform at least 15 (fifteen) days in advance. Auctions already in progress remain subject to the version in force when they opened.

17.2These Terms are governed by Italian law.

17.3For disputes with Users acting as consumers, the courts of the consumer's place of residence or elected domicile, if in Italy, have exclusive jurisdiction. For all other disputes, the Court of Turin has exclusive jurisdiction.

17.4Consumers resident in the European Union may use the European Commission's ODR platform for out-of-court dispute resolution.

Pursuant to articles 1341 and 1342 of the Italian Civil Code, the User specifically approves the clauses in the following articles: 3.5 (right to refuse and suspend), 4.3 (penalty for disintermediation), 7.2 (maximum Bid cannot be reduced), 7.5 (irrevocability of Bids), 9 (Auction Fee), 11.7 and 11.8 (loss of entitlement and suspension), 12 (exclusion of the right of withdrawal), 14 (limitation of liability), 17.1 (changes), 17.3 (jurisdiction).