Terms and Conditions

1 - Who are we?
SOUL AUTO INVERSIONES, S.L., with CIF B-05322045 and domiciled in Polígono Industrial San Cibrao das Viñas, Sector C, Rúa 12, Parcela 5,6, 32901, Ourense, registered in the Mercantile Registry of Ourense (Volume: 928 Folio: 213 Page OR-17327, Inscription 1ª is responsible for the contents and operations of www.soulauto.com. Hereinafter, we will refer to this entity as ("SOUL AUTO" or "The COMPANY").

SOUL AUTO offers an internet trading platform for the auction of vehicles under the domain www.soulauto.com. The COMPANY declares that it only provides a web portal and a platform for marketing vehicles by auction for sellers and buyers.

1.3. SOUL AUTO does not appear in any case as a buyer or seller in the sales and purchases formalized after the auction process carried out through this web portal. Any sale and purchase contracts are concluded exclusively between the seller and the buyer. SOUL AUTO is not responsible for the veracity or accuracy of the data, characteristics and conditions contained in the offers, nor does it inspect the vehicles, so it is not responsible for possible defects and flaws in them. In the same way, the sellers of the vehicles are the only ones responsible for the commercial operations concluded in relation to them. SOUL AUTO is not liable for any possible loss of profit.

1.4. SOUL AUTO is not responsible for technical problems or program errors.

1.5. The SOUL AUTO website may contain links to other Internet sites. SOUL AUTO assumes no responsibility whatsoever for the contents and information, nor for the operations, which may be accessed or carried out, as the case may be, through this portal and in general for the consequences arising from access by users to them, for which SOUL AUTO declines all responsibility. These services are provided by third parties who act in any case in their own name and on their own account, both in relation to the offer and the contracting of the services in question, and fully assume their management and operation, regardless of the way in which users have been able to access them.

2 - About our Terms and Conditions
2.1. The terms and conditions described below affect the use of the web portal. www.soulauto.com SOUL AUTO's ownership as well as the requirements for participation in the vehicle auction. These conditions are in English.

2.2. You should read these terms carefully before using the website.

2.3. It is a prerequisite to buy or sell through www.soulauto.com duly registered. By registering, you agree to be legally bound by these Terms and Conditions. If you do not agree or do not accept any of these Terms, you must stop using the website immediately.

2.4. These terms and conditions shall be expressly submitted to the jurisdiction of the Courts and Tribunals of the city of Ourense, waiving any other jurisdiction. These terms and conditions shall be governed by the provisions of Spanish law. In the event that any of these conditions are or were declared ineffective, invalid or unenforceable, this will not affect the effectiveness of the remaining conditions, which shall remain fully valid and effective.

2.5. These terms and conditions may be subject to change by SOUL AUTO. Possible modifications will be published on the website for new acceptance.

3 - Definitions
The Company: is the entity SOUL AUTO INVERSIONES, S.L., which offers the commercial platform on the Internet for the auction of vehicles through the following web portal www.soulauto.comThe company acts exclusively as the owner of a portal and a vehicle marketing platform through auctions for sellers and buyers.

Web portal: refers to the www.soulauto.com website.

User: Any person who has registered on the web portal www.soulauto.com, regardless of whether he/she may act as seller or buyer, as the case may be.

Seller: a natural or legal person who is the owner of a previously registered vehicle and who makes a binding offer for the sale of the vehicle to the bidder who, during the auction period, places the highest bid - provided that it equals or exceeds the reserve price - and is obliged to sell the vehicle offered. If the bids do not reach the reserve price, the seller is not obliged to sell the vehicle.

Reserve price: minimum selling price intended by the seller, which will not be advertised and will therefore not be known to the bidders. As soon as a bid equals or exceeds the reserve price, an indication of "reserve price exceeded" will be made in the advertisement.

Bidder: a natural or legal person who bids at the auction and undertakes to pay a specific price for the vehicle offered for sale at private auction.

Bid: the firm and specific economic offer made by the bidder for the purchase of the vehicle at auction, which in case of being the best among all the proposals, shall imply an irrevocable commitment of purchase by the bidder. The bids will be published in the corresponding announcement. Each bid placed must be higher than the previous one in accordance with the ranges indicated in the following section "minimum bid increment". Bids that do not exceed the minimum bid increment will be considered as not placed.

Bids can be placed manually or through the automatic bidding system.

Minimum bid increment: Each bid placed must be higher than the previous bid, according to the following scale:

- For bids up to an amount of 10.000.-€, the minimum bid increment must be 100.

- From 10.001.-€ to 50.000.-€, the minimum bid increment must be 250.-€.

- From €50,001 and up, the minimum bid increment must be €500.

Bids that do not exceed the above increments will be deemed not to have been placed.

Automatic maximum bidding system: a system that allows each user to place an automatic bid up to a certain maximum amount, which works as follows: SOUL AUTO's own auction system will automatically increase the bid by the minimum amount necessary (the minimum bid increment) to ensure that your bid remains the highest. In this way, the system will continue to outbid the other bids up to the maximum amount the user has indicated. The user will not have to keep checking the auction and bidding manually. He will only lose the vehicle if someone overbids the maximum of his automatic bid.

If the user places an automatic bid higher than the reserve price, his first bid will automatically match the reserve price.

Live auction: period of 7 calendar days during which a vehicle is for sale and bidders can place their bids.

Buyer: individual or legal entity that has made the highest bid for the purchase of a vehicle and is obliged to purchase it, as well as to pay the commission to the COMPANY.

Purchase and Sale Agreement: legal business entered into exclusively between the seller and the buyer.

Commission: amount to which the COMPANY is entitled, which will be paid by the buyer, and which amounts to 5% calculated on the amount of the bid made by the buyer, with a minimum of 600.-€ and a maximum of 6.000.-€.

External payment provider: bank entity in charge of withholding the amount corresponding to the commission from the credit or debit card of the bidders, which will be released as soon as their bid is exceeded.

"Coming soon": section of the web portal in which the COMPANY announces the vehicles that will soon be auctioned.

"Buy Now": Section of the web portal in which the COMPANY grants sellers who have failed to reach the reserve price in the "live auction" process and who wish to continue with the sale of their vehicle, the option to sell their vehicle under the terms set forth in clause 11.

Calendar days: every day of the year, from Monday to Sunday, regardless of whether it is a holiday, weekend or working day.

Working days: every day except Saturdays, Sundays and national holidays, as applicable in Spain.

<bTérminos y condiciones: hace referencia a los presentes términos y condiciones de uso.

4 - Use of the web portal. - Mandatory registration
Users must be exclusively natural persons over 18 years of age or legal entities with the legal capacity to enter into binding contracts.

It is a requirement to buy or sell through www.soulauto.com to register properly. It is forbidden to register as a user under several names at the same time, as well as to carry out actions under a false identity. It is also forbidden for a seller to place bids on his own vehicle, either directly or through relatives, friends or any person participating in the name or on behalf of the seller.

By registering, users agree not to use the web portal for any illegal purpose or to promote any illegal activity, as well as not to use the web portal to commit any act of fraud.

The registration of a user implies full acceptance of these general terms and conditions of auction. The COMPANY will provide the user with a control panel that will be accessible by means of user and password, previously provided by the user, where he/she will be able to access the complete data of his/her profile and where he/she will be able to update his/her data and preferences. Subsequently, and at the moment the auction has ended, the COMPANY will send to the users - whose bid has been the winner - the data of the counterparty so that he/she can communicate with him/her.

Each user must provide a valid payment card with sufficient balance to charge the fee referred to in clause 10.

The commission to which the COMPANY is entitled shall be the obligation of the buyer and shall be calculated on the bid made by the buyer. The cases foreseen in clauses 8.4 and 8.5 of the present terms and conditions are excepted, for cases of default by the seller.

5 - Registration of vehicles for auction on our web portal
To register a vehicle in the web portal is necessary the previous authorization of the COMPANY, authorization that will depend on the type of vehicle and its characteristics. The COMPANY reserves the right not to authorize the registration of vehicles that do not meet the conditions for auction on the web portal.

The seller must confirm that he has legal ownership of the vehicle and that the vehicle is free of liens and encumbrances. In addition, he must describe his vehicle and all the conditions of sale on the vehicle listing page of the web portal. Advertisements must include descriptive text, graphics, photographs and other content relevant to the sale. Descriptions, drawings and images must not contain advertising for items other than those being advertised, in particular they must not refer to links to other web pages or include details of telephone numbers, e-mail etc. All basic features and qualities relevant to the purchase decision as well as defects that may reduce the value of the vehicle offered must be indicated.

According to all the information provided by the seller, the COMPANY will authorize the registration of the vehicle for sale. From the moment the COMPANY confirms the acceptance of the vehicle for its inclusion in the web portal and announces the same in the "Coming Soon" section, the seller grants the exclusivity for its sale until the moment the auction ends, not being able, during that period, to use any other means of sale. In case of breach of its exclusivity obligation, or in case the seller withdraws its vehicle once published in the "Coming Soon" section of the web portal, the seller shall be obliged to pay the COMPANY the amount of the commission referred to in clause 10 calculated on the reservation price.

The seller must indicate a reserve price that will not be made public in the offer of sale, so it will not be known by the bidders. As soon as a bid equals or exceeds the reserve price, an indication of "reserve price exceeded" shall be made in the advertisement, and the seller shall be obliged to sell the vehicle to the highest bidder.

The COMPANY makes no warranty as to either the reservation price or the estimated selling price. Any estimate given, whether written or oral, as to the reserve price and as to the estimated selling price, constitutes a mere opinion and is not to be considered as an indication of the actual selling price.

The seller may not place bids on his own vehicle, either directly or through relatives, friends or any person participating in the name or on behalf of the seller.

6 - Auction Rules and Binding Deadline
6.1 With the registration of a vehicle on the web portal, the seller makes a binding offer for the sale of the vehicle to the bidder who in the course of the "Live Auction" period places the highest bid, provided that he reaches the reserve price. Likewise, with the registration of the vehicle, the seller binds himself to the sale of his offered vehicle, in the absence of higher bids, to the bidder who has bid an amount equal to the reserve price.

6.2 Bids shall be published in the corresponding announcement.

6.3 Each bid placed must be higher than the previous one, according to the following scale:

- For bids up to an amount of 10.000.-€, the minimum bid increment must be 100.

- From 10.001.-€ to 50.000.-€, the minimum bid increment must be 250.-€.

- From €50,001 and up, the minimum bid increment must be €500.

Bids that do not exceed the above increments will be deemed not to have been made.

6.4 Bids may be placed manually or through the automatic maximum bidding system.

In the manual bidding system, each user places bids manually.

In the automatic maximum bidding system, the user places an automatic bid up to a certain maximum amount, which works as follows: the SOUL AUTO auction system will automatically increase the bid by the minimum amount necessary (the minimum bid increment) to ensure that your bid remains the highest. In this way, the system will continue to overbid the other bids up to the maximum amount the user has indicated. The user will not have to keep checking the auction and bidding manually. He will only lose the vehicle if someone overbids the maximum of his automatic bid.

If the user places an automatic bid higher than the reserve price, his first bid will automatically match the reserve price.

6.5 The bidder is bound by his bid until a higher bid exceeds it. If the bid is not raised, the bid prevails until 8:00 p.m. on the day the "live auction" ends.

If a bid is placed in the two minutes prior to the end of the "live auction" period, the auction time is automatically increased by two more minutes, and so on until the highest bid is not exceeded during the last two minutes.

Bids already placed cannot be reduced or cancelled. The COMPANY records and saves all bids placed. If questions about the bids arise, the COMPANY will clarify them in a way that is binding for the contracting parties.

Once the auction has ended and the contact details of the counterparty are known, seller and buyer are obliged to formalize the sale. Also, users agree to respect the figure of the COMPANY as owner of the web portal for the auction and to pay the amounts stipulated as commission for their work of intermediation. In the event that the COMPANY becomes aware that two users have contacted and finalized the purchase and sale of the vehicle excluding the COMPANY from the business, it may initiate the necessary legal actions for the claim for payment of the services performed against both, being able to request jointly and severally both the commission that would correspond to it for said purchase and sale as well as the damages caused.

7 - Sale of vehicle between seller and buyer.
Once the auction of a vehicle is completed, the seller and the buyer will formalize the corresponding contract of sale of the vehicle within seven working days, respecting all the conditions set in the offer of the vehicle under which the buyer made the highest bid. The COMPANY does not intervene in the formalization of the purchase-sale.

The seller and the buyer will agree on the terms that best suit them for the delivery of the vehicle, being of their exclusive responsibility the transport and delivery of the vehicle.

Any dispute that may arise between seller and buyer shall be resolved between them, without the involvement of the COMPANY.

8 - Obligations of the seller
8.1 The seller is obliged to sell the vehicle to the bidder who has placed the highest bid during the "live auction" period, provided that the bid equals or exceeds the reserve price.

8.2 The seller is solely responsible for the correctness, truthfulness and sufficiency of the information given about the vehicle and that the vehicle is free from defects. The COMPANY is exempt from any liability in relation to the data indicated by the Seller as well as from any warranty that corresponds to the Seller. The COMPANY shall not be liable to the Seller or the Buyer for any error or misstatement or omission in the description of a vehicle.

8.3 The Seller guarantees that it is the legal owner of the vehicle and that there are no third party rights (reservation of ownership, judicial execution, pre-emptive rights, prohibition of alienation or other rights) that limit or prevent the sale of the vehicle without encumbrances. Likewise, the seller grants exclusivity for the sale of the vehicle until the end of the auction, and may not, during that period, use any other means of sale.

8.4 In case of breach of its obligation of exclusivity, or in the event that the seller withdraws his vehicle once published in the "Coming Soon" section of the web portal, the seller shall be obliged to pay the COMPANY the amount of the commission referred to in clause 10 calculated on the reservation price, and in the event that there is no reservation price, the minimum amount of commission of 600.

8.5 In the event that the seller fails to fulfill his obligation to sell the vehicle, he shall be obliged to pay the commission that would be due to the buyer.

9 - Obligations of the bidders and the buyer
Each of the bids made by a bidder shall be legally binding, so that if his bid is successful he is obliged to pay the price offered and to pay the corresponding commission to the COMPANY. Bids placed by bidders are irrevocable and cannot be withdrawn.

The bidder who has made the highest bid and, therefore, has acquired the status of buyer, is obligated:

- To formalize the contract of sale of the vehicle, as established in clause 7, together with all the obligations that this entails, as well as the payment of the corresponding taxes.

- To pay to the seller the price offered and which has been the highest bid in the auction process.

- To pay to the COMPANY, the commission of 5% calculated on the price offered, under the terms established in clause 10.

In case of failure of the buyer to formalize the sale with the seller, the latter may choose between:

- Or take the corresponding legal action to demand the purchase of the vehicle;

- Or it may withdraw from the sale, in which case, the COMPANY offers to contact the bidders who had made bids on that vehicle, in order to achieve a firm sale.

10 - Commission in favor of the COMPANY
The use of the web portal for sellers is free of charge, unless otherwise stated in these Terms. Clause 8.4 requires the seller to pay the commission calculated on the reservation price - and if no such price is fixed, the minimum commission of €600 - in the event that he breaches his exclusivity obligation or withdraws his vehicle once it has been published in the "Coming Soon" section of the web portal. Clause 8.5 requires the seller to pay the commission that would have been paid by the buyer in the event of a breach of his obligation to sell. Therefore, the provisions of this clause shall apply to the seller in such circumstances.

The commission is the amount to which the COMPANY is entitled, for the use of the web portal, which amounts to 5% calculated on the bid made by the buyer. The commission will be, regardless of the price offered, a minimum of 600.-€ - for cases in which the commission calculated on the final price is less than 600.-€ - and a maximum of 6.000.-€ - for cases in which the commission calculated on the final price is higher than 6.000.-€ - and must be paid by the buyer. This amount will be paid by the buyer in addition to the purchase price of the vehicle.

When a bidder places a bid on a vehicle, the external payment provider will hold the amount indicated in the previous paragraph on his credit or debit card, which will be released if his bid is exceeded. Once the auction is over, this amount will be automatically charged to the card of the successful bidder.

11 - "Buy now".

The Company offers sellers who have not been able to reach the reserve price in the "Auction in progress" process, and who wish to continue with the sale of their vehicle, the option to continue the sale of the vehicle in the "Buy Now" section of the web portal.

The vehicles published in this section are not subject to auction, and the seller may decide to sell the vehicle when he accepts an offer from a buyer.

When a seller accepts an offer through the "Buy Now" section, the buyer is also obliged to pay the commission referred to in clause 10, which will be charged to the buyer's card at the same time the seller accepts the buyer's offer.

12 - Disputes between buyer and seller
The COMPANY is exempt from any responsibility in relation to the data supplied by the seller as well as possible hidden defects. Likewise, the COMPANY does not assume any responsibility in relation to possible non-payments on the part of the buyers.

In the event of a dispute between the buyer and the seller, a copy of the contract together with a description of the reason must be sent immediately to the COMPANY. This will be used for statistical and registration purposes and will in no way imply that the COMPANY assumes any liability or the role of the party involved.

In any case, the COMPANY's right to the commission shall not be affected.

In the event of a dispute between buyer and seller about possible discrepancies in the description of a vehicle, the COMPANY offers buyer and seller the possibility of having recourse to an expert to clarify the veracity of a description. The expert's report shall be binding for the parties involved. The costs incurred in drawing up the expert's report shall be borne by the party responsible for the discrepancies noted. If there are no discrepancies, the costs incurred shall be borne by the buyer.

13 - Privacy and Data Protection Policy
Through the privacy policy SOUL AUTO informs users about the treatment of their personal data. SOUL AUTO undertakes to keep your personal information protected and not to misuse it in any way.

Our privacy policy is available here Through this privacy document we try to explain who is responsible for the processing of your data, for what purpose your personal information will be processed, also the different legitimacy and legal basis of the treatment, the possible recipients of your data, why they are collected, as well as the set of rights that assist you to control at all times the data you provide us. The purpose of this document is to detail the information to be included in the section of our web portal called Privacy Policy.

The payment information you provide to the third party payment provider is not under our control and is subject to their own privacy policy and the terms and conditions available on their website.

Pin It on Pinterest

Add address