Auction Service
Terms & Conditions — Auction Service
1. Scope
These terms apply to the vehicle auction service offered by SamKall.
The non-binding vehicle enquiry via the website does not yet constitute a purchase or bidding order.
2. Vehicle Enquiry
The customer may notify SamKall of a vehicle they are interested in.
SamKall can provide the customer with the available vehicle information and an estimate of the expected costs.
The initial enquiry is free of charge and non-binding.
3. Purchase and Bidding Order
SamKall will only place a bid once the customer has explicitly confirmed a separate purchase and bidding order.
The order must specify in particular the vehicle concerned and the maximum bid authorised by the customer.
SamKall will not bid beyond the confirmed maximum bid unless the customer explicitly confirms a new maximum bid.
4. Advance Payment
Before placing a bid, the customer makes an advance payment of:
25% of the confirmed maximum bid.
SamKall will only place a bid after receipt of this advance payment.
If no vehicle purchase is concluded, the advance payment is refunded in full to the customer.
In this case, no SamKall service fee applies.
5. Conduct of the Auction
SamKall participates in the auction using its own professional auction account.
The customer does not have access to SamKall's professional auction account.
SamKall cannot guarantee that the desired vehicle can be successfully purchased.
6. Successful Vehicle Purchase
If the vehicle is successfully purchased by SamKall within the confirmed maximum bid, the advance payment is credited towards the total amount owed by the customer.
The remaining balance is due within 2 business days of notification of the successful vehicle purchase.
7. SamKall Service Fee
Upon successful vehicle purchase, the SamKall service fee is:
5% of the vehicle purchase price, minimum CHF 350.
If no successful vehicle purchase is concluded, no SamKall service fee applies.
8. Additional Costs
In addition to the SamKall service fee, the following costs may apply in particular:
- Auction / CarAuktion fees
- Transport costs
- Taxes and VAT, where applicable
- other necessary third-party costs
Where these costs can be determined before the order is placed, they will be communicated to the customer.
Costs that cannot be calculated precisely in advance may be given as an estimate.
9. Late Payment / Non-performance
If the customer fails to pay the remaining balance on time after a successful vehicle purchase, SamKall's legal and contractual rights are reserved.
The customer may be held liable, to the extent permitted by law, for costs and damages actually incurred by SamKall as a result of their non-performance.
No automatic forfeiture of the advance payment solely on account of late payment is provided for.
10. Vehicle Condition
SamKall provides the customer with the available information on the vehicle.
Vehicle condition, known defects and expressly warranted characteristics are recorded in the respective vehicle purchase contract.
Information from the auction provider does not replace an independent technical inspection.
11. Purchase Contract
If SamKall successfully purchases the vehicle, the subsequent sale or transfer of the vehicle to the customer is documented by a separate purchase contract.
The conditions applicable to the specific vehicle sale, in particular vehicle condition and warranty, are set out in this purchase contract and the mandatory statutory provisions.
12. Withdrawal and Cancellation
The initial enquiry is non-binding.
After the binding purchase and bidding order has been placed and the vehicle has been successfully purchased, the customer cannot cancel the order free of charge solely because they have changed their mind.
The customer's mandatory statutory rights are reserved.
SamKall does not grant a general voluntary 14-day right of return unless expressly agreed in writing.
13. Data Protection
Personal data is processed in particular for handling enquiries, purchase and bidding orders, vehicle transactions, payments and communication with the customer.
Further information is set out in SamKall's privacy policy.
14. Applicable Law
Swiss law applies.
Mandatory statutory provisions, in particular mandatory consumer protection provisions, are reserved.