AUCTIONS ENCUENTRA TU MÁQUINA
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Noticias

TERMS AND CONDITIONS

1. Introduction

These terms and conditions apply to the Landing Auctions occasion – Maquinza Ocasión website and to all operations formalized through it, which is property of MAQUINZA, SA (hereinafter, MAQUINZA), with NIF number A50059013.

Consequently, all commercial operations will be subject to Spanish legislation and will be deemed to have been carried out at the registered office of MAQUINZA:

Pol. Ciudad del Trasporte
Crta. Huesca, km.8.
Calle Límite Sur, naves 4-5.
50820, San Juan de Mozarrifar (Zaragoza).

Unless special conditions are specified, auctions will be governed by what is stipulated here. MAQUINZA reserves the right to modify these terms and conditions, so the user is responsible for periodically reviewing them. Likewise, more information about the processing of personal data on this website can be found in our privacy policy.

Registration as a user, as well as bidding on goods, implies full acceptance of these terms and conditions by the user. If the user does not agree with them, they will not be able to continue with the registration process.

2. User sign in

Users who wish to participate in electronic auctions must be validly registered in the system, whether they are natural or legal persons. To do this, in addition to correctly completing the registration form and logging in, they must accept the applicable terms and conditions.

Specifically, by registering on the website, the user declares and accepts the following:

  1. That he or she is over 18 years of age and capable of signing legally binding contracts.
  2. That he or she has read and understood these general terms and conditions, in particular, the operation of the auctions and payment methods; as well as the privacy policy of the website.
  3. That he or she fully accept these terms and conditions applicable to the MAQUINZA website.

Likewise, the user guarantees the accuracy and integrity of the personal data provided during registration. In the event that this data changes at any time, the user is obliged to inform MAQUINZA of the relevant updates. MAQUINZA will not be responsible in any case for the lack of capacity on the part of users to conclude commercial transactions through the website, nor for false statements by users, either in the registration process or in any other operation. .

Registration will consist of a username and password, which will not be necessary to visit the stock at auction, but will be required to formalize commercial operations. The system includes a password recovery system in case of forgetting or loss, although the user will be responsible for diligent custody of their access data, and MAQUINZA will not be responsible at any time for the consequences of what happens in both cases.

3. Deposit

Registered users who wish to participate in electronic auctions must pay a deposit in advance in the amount of €1,000.

Deposits can be made by credit card or by bank transfer, both at the time of registration and in the days prior to the auction. However, users should keep in mind that the deposit amount may take a few days to become effective, especially if paid by transfer, which is why it is recommended that payment be made by credit card and with enough time in advance.

When paying the deposit by transfer, users must indicate their email in comments to be able to identify the payment. On the contrary, if the payment is made by card, this will not be necessary since the POS will recognize the user from whom the payment is made.

One (1) business day after receiving the deposit, the auction system will assign a bidder number to the user and the bidding option will be activated.

If the user is awarded one or more lots, the deposit will be applied to all purchases made, and will be deducted from the total sales amount. If once the lots have been awarded, payment of the entire sale amount is not made within the established period, the entire deposit will be lost, as well as the lot(s) awarded, and MAQUINZA may put them back up for auction when it deems appropriate.

In the event that the user does not win any bid or decides not to bid, the deposit will be fully returned within two (2) weeks following the bid closing day. The refund of the deposit will be made in euros and in the same format in which MAQUINZA received it.

4. Services

The services provided to registered users on the website are the following:

  • Electronic auction: If the user has previously registered and paid the deposit in the amount of €1,000 to be able to participate in the bid, they may purchase machinery and/or implements through the “Electronic auction” process. In this functionality, the user will have the possibility to place bids and set automatic maximum bids, as detailed in the following sections.
  • Lista de seguimiento: El usuario podrá añadir los lotes de maquinaria y/o implementos que le interesen a su lista de seguimiento para un fácil acceso, o hacer pujas directamente desde el listado de lotes.
    En particular, cuando realice una puja o pulse en Añadir a mi “Lista de seguimiento”, el lote de maquinaria y/o implementos se mostrará en esta sección. Esta funcionalidad permite a los usuarios mantener un fácil seguimiento de sus lotes favoritos y las pujas en las que están participando, saber si son el máximo pujador y cuándo finaliza la subasta.
  • Email Notifications: By default, users will receive email alerts on the scheduled auction system. In this way, MAQUINZA will be able to inform you if your bids have been surpassed or if a lot of machinery and/or implements that you were following has been sold. Users should keep in mind that they will not receive any alerts in the last five minutes prior to the closing of the bid for a lot of machinery and/or implements. In any case, users may deactivate email notifications through the unsubscribe mechanisms included in the notification emails themselves.

5. Online auction

MAQUINZA will indicate on each lot of machinery and/or implements a starting price, also called initial bid, as well as the time remaining until the end of the auction. These statements will constitute a binding offer for the sale of the lot.

The bid will be directed to the bidder who submits the highest bid during the duration of the online auction and which is naturally higher than or equal to the starting price.

All lots of machinery and/or implements will be sold to the highest bidder and if, at any time, there is any dispute between bidders, MAQUINZA, in its capacity as auctioning entity, reserves the right to decide the award. In the case of establishing bids of the same amount, the winner will be the one that was made earlier in time.

The user may participate in one or more lots. To do this, the user will be able to choose between the following types of bids:

  • In a manual bid, the user makes an offer immediately higher than the amount set for that lot by clicking on the Bid button. Please note that if another user has automatically set a higher maximum bid, the bid will be exceeded immediately.
  • In an automatic bid, the user must enter the maximum amount up to which they are willing to buy the lot and then click on Maximum Bid. The system will place the bid at the lowest possible amount and then automatically bid up to the maximum amount that the user has specified. The personal maximum bid is secret and will only be automatically bid if another bidder outbids the user. If the user's bid is outbid by a third party, the system will automatically increase the minimum required bid on behalf of the user, following the following intervals, and so on.

    Bidding increment intervals

    Current biding interval* Bidding increment*
    0 – €1,000 100 €
    €1,001 – €10,000 250 €
    Greater than €10,000 500 €

When there is less than two (2) minutes of time remaining on a bid, any new bid will result in an additional time (30 seconds) being added to the lot closing time. This gives bidders the opportunity to react and place another bid if they wish.

When a user wins a bid, they will be notified through the website and also by email detailing the terms of the transaction.

All bids made are binding and irrevocable for the bidders, so that the user with the highest bid when the auction ends will be considered the highest bidder, and their bid will finally be accepted, being awarded the lot of machinery and/or implements that are the object of the bid. auction, without it becoming its owner until payment has been confirmed and the lot has been removed from the MAQUINZA facilities.

MAQUINZA reserves the right to reject or void bids, winning or not, that it believes (a) were not made in good faith, (b) are intended to manipulate the listing process, or (c) are prohibited by any law. or applicable regulation.

MAQUINZA reserves the right to withdraw, postpone or cancel any lot, in whole or in part, at its sole discretion, as long as no bid has been received for the lot or it is made with the express consent of all users who have participated. so far in the bidding for that lot. MAQUINZA will not be responsible to the user for the result of any withdrawal, postponement or cancellation.

6. Description of the characteristics of the lot

The website will offer a description of each lot, as well as photos of the lots of machinery and/or implements auctioned, information on how much time is left, the current highest bid and whether the user is the highest bidder.

100% of the auctioned lots come from the MAQUINZA park and have been reviewed by our mechanics. However, users must keep in mind that the lots of machinery and/or implements that are auctioned are used and may contain imperfections and faults. The buyer assumes the consequences that this implies, without any claim being possible for this reason.

he general description and technical characteristics of the machinery and implements that appear on the website are merely informative. MAQUINZA has made every effort to ensure that these descriptions are as correct and reliable as possible, but the accuracy of said information is not guaranteed and the buyer must accept such descriptions at his own risk. Before participating in an auction, all users are recommended to inspect the lots of interest on site to personally verify the accuracy of the information collected on the website, as well as the condition of the machinery and/or implements for which they wish. bid up. To do this, users can inspect the auctioned items between one (1) month and one (1) week before the auction. To do this, you must contact ocasion@maquinza.com and make an appointment.

Users are expressly notified that any machinery and/or implements that are auctioned may not necessarily be approved according to current regulations in the CE (European Community) or may not be adapted to the regulations on occupational risk prevention applicable for use when it is underway, expressly exonerating MAQUINZA in these terms and conditions from any responsibility in this regard. We recommend that all users ensure, under their sole responsibility, that the use to which they will put the purchased goods does not contravene the aforementioned regulations. Likewise, users are responsible for obtaining any licenses and/or permits necessary for the export of the merchandise outside the country, in accordance with applicable laws and regulations.

The user acknowledges that he is aware that the transfer of ownership of the lot does not entail the granting of any intellectual property rights over the software it may contain.

7. Payment methods

MAQUINZA will issue the successful bidder a document with payment instructions immediately after the auction ends for the amount of all its winning bids, plus any expenses inherent to the machinery and/or implements if applicable, plus taxes that are applicable according to current regulations.

In this sense, MAQUINZA will send the successful bidder, via email, within 48 hours after the closing of the auction (not including Saturdays, Sundays, or holidays), the proforma invoice so that they can make the payment. To issue the proforma invoice and subsequent purchase invoice:

  • For successful bidders within the European Union, an intra-community operator number (VAT number) will be required. Once verified, MAQUINZA will issue the corresponding proforma invoice (and subsequent purchase invoice) with 0% VAT. Otherwise, the VAT % stipulated by law will be applied (currently 21%).
  • For countries outside the European Union in which MAQUINZA appears as an exporter, the successful bidder will provide MAQUINZA with the Single Customs Document (DUA). Once verified, MAQUINZA will issue the corresponding proforma invoice (and subsequent purchase invoice) with 0% VAT. Otherwise, the VAT % stipulated by law will be applied (currently 21%).
  • For any other case, the VAT will be as stipulated by law (currently, 21%).

The successful bidder will have seven (7) calendar days from the issuance of the payment document to pay the entire invoice using one of the following options:

  1. Bank transfer: In the payment concept, the proforma invoice number issued by MAQUINZA and the client's name must be indicated.
  2. Credit card: Through a secure payment gateway managed by the bank itself, payment by card can be made immediately and with all security guarantees.

Once the process is completed and the deposit or transfer to the account provided on our website has been confirmed, the purchased machinery and/or implements will be prepared for the buyer to collect.

In the case of lots acquired and that remain in national territory, MAQUINZA will notify the DGT of the sale of the property and the buyer will have ninety (90) days to make the change of ownership.

If the successful bidder does not make full payment for all the awarded lots within a period of seven (7) days after the issuance of the payment document, the successful bidder will be considered to have abandoned the purchase and renounce the goods and will lose the bail delivered. In that case, the awarded machinery and/or implements will remain the property of MAQUINZA.

8. Shipping and management costs

The buyer is responsible for all loading, shipping and other costs related to the transportation of the equipment from the published location to the final destination. These costs include the costs of disassembly, special handling, loading, transportation, insurance, freight and permits necessary to move the equipment. Likewise, any administrative costs derived from the purchase and sale operations will be assumed by the buyer, with MAQUINZA being totally exempt from the assumption of any costs derived from the operations, without prejudice to those to which it may be legally obligated.

Therefore, once payment has been received, and unless otherwise indicated, the machinery and/or implements must be removed by the buyer from the MAQUINZA facilities, in the place indicated on the lot sheet. In this sense, the transfer of ownership of the machinery and/or implements will occur through their delivery to the MAQUINZA facilities, either directly to the buyer or to the transport service company that manages the withdrawal of the lot.

The buyer must remove, with his or her means, the awarded machinery and/or implements within fourteen (14) calendar days from the end of the auction. If the buyer requires it, MAQUINZA can organize transportation to the peninsular point that the buyer prefers. In this case, MAQUINZA will quote the transportation service and, upon payment by the buyer, will proceed to ship the merchandise. In this sense, the conditions of transport will have to be negotiated and accepted outside of this online platform.

The buyer agrees to pick up the equipment within fourteen (14) calendar days after the end of the auction, upon payment of the total amount of the proforma invoice, plus the cost of transportation (if MAQUINZA organized it). If, having paid the proforma invoice, the buyer does not collect the merchandise within the established period, MAQUINZA will proceed to the relocation and/or subsequent storage of the machinery and/or implements. The storage cost will be twenty (20) euros/day and will be borne by the buyer.

If the buyer does not remove the equipment within a period of thirty (30) days, MAQUINZA will have the power to choose to (i) require compliance with the contract and invoice storage costs monthly at a rate of 40 euros/day, pending of the collection of the lot, or (ii) terminate the contract, being able to award the lot to another user or to auction it again, with the first one declaring that he has abandoned his purchase. In this case, MAQUINZA will issue a credit invoice for the purchase amount and a charge invoice for the total amount corresponding to the value of the deposit, the storage costs accrued and that - if applicable - have not been invoiced, as well as the costs of management valued at 40% of the amount awarded for the lot, as a penalty, without prejudice to any damages that may be caused.

9. Disclaimer

MAQUINZA will only be liable for any damages that the user may suffer as a result of the use of this website when said damages are attributable to willful action by the latter.

The user acknowledges and accepts that the use of the website, as well as the contracting of products, if applicable, is carried out under his/her entire risk and responsibility.

MAQUINZA is not responsible for any damages that may arise from the following circumstances which, with a purely illustrative and non-limiting nature, are mentioned:

  • From the concurrence of force majeure causes and/or interference from third parties that cause service interruptions, computer viruses, breakdowns and/or disconnections in the operational functioning of the MAQUINZA and/or the user's computer system. There is no guarantee or promise that our online bidding system will be available without interruptions, errors or defects. We are not responsible for claims or allegations of unprocessed bids due to technical problems with this website's online auction system.
  • The buyer assumes that the lots are sold without warranty.
  • Delays or blockages in use caused by deficiencies or overloads of the Internet or other electronic systems.
  • The impossibility of providing the service or allowing access for reasons not attributable to MAQUINZA, due to the user, third parties or cases of force majeure.
  • Damage that may be caused by third parties through illegitimate interference outside the control of the website and that is not attributable to MAQUINZA.
  • Damage to the merchandise, including spills or leaks of dangerous substances, that may occur during the removal process of the goods. In this sense, the successful bidder or its transporter must clean up any spills or repair any damage that results in the process.

10. Legislation

The operation of this website, especially for commercial purposes, is governed by Spanish legislation. Considering that the parties hold the status of entrepreneurs and/or self-employed persons in the purchase and sale of the product, or are individuals, the use of the acquired industrial merchandise will be destined for an industrial and/or commercial end use, they expressly agree to exclude from application the Real Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, with the regulations of the Spanish Civil Code and Commercial Code being applicable.

The terms of use and general conditions written in Spanish are the original version. If these are translated into another language, the text that will prevail will be the one written in Spanish in case of ambiguities or contradictions.

Without prejudice to the possibility of adopting any other alternative, MAQUINZA will have the right to cancel access to the website and the functions for which a user has registered at any time, at its sole discretion, as long as no bid has been received. for the available lots or is carried out with the express consent of all users who have participated in a bid in progress.

The courts of the city of Zaragoza will be competent, to the exclusion of any other authority, to decide any controversy or conflict arising from these terms of use and general conditions.