Terms of Use

The biet2biet platform is operated by MKAA sàrl, registered with the RCS Luxembourg under B 206.366, VAT ID LU 28725249 (hereinafter “MKAA”). Full details are set out in the imprint.

biet2biet is a closed trading platform. Use is restricted exclusively to businesses within the meaning of commercial law that trade in motor vehicles commercially. There is no access for consumers. All transactions concluded via the platform are commercial transactions between businesses; consumer protection provisions, in particular the right of withdrawal in distance selling, do not apply.

Deviating or supplementary terms of the user do not become part of the contract, even if MKAA does not expressly object to them.

Registration takes place via the registration form or by MKAA creating the account. There is no entitlement to admission. MKAA reviews every registration and decides on approval at its own discretion; a rejection does not have to be justified.

The details provided at registration must be accurate and complete and must be corrected without delay if they change. MKAA may request evidence of commercial status at any time.

Credentials must be kept confidential and may not be passed on. The user is liable for all actions carried out via their account until they have notified MKAA of any misuse. If unauthorised use is suspected, the password must be changed without delay.

Listed vehicles are not binding offers but invitations to submit bids. Vehicle information is based on the data provided by the respective seller.

Vehicle descriptions, photos, damage details and condition assessments are prepared with care but do not constitute a guarantee of quality. The actual condition of the vehicle is decisive for the purchase decision. Users may ask questions before submitting a bid and may inspect the vehicle at their own expense.

Any minimum price is not disclosed as a figure. The platform only indicates whether a bid meets the minimum requirement.

By submitting a bid, the user makes a binding offer to purchase the vehicle at the price bid. The bid remains binding until the bidding period and the subsequent decision period under section 5 have expired.

Bids cannot be withdrawn or lowered, only increased. The standard bidding period is 48 hours from activation; it may differ in individual cases and is shown with the vehicle.

If a bid is received in the final minutes before the deadline, the period is extended automatically, provided this function is active for the vehicle. The remaining time that applies is shown with the vehicle.

Anyone who bids is visible to the other bidders by company name. The amount of your own bid is only visible if you choose this when bidding; only those who have bid visibly themselves can see the amounts of other visible bidders. Once chosen, visibility cannot be revoked for the same auction. As the operator, MKAA always sees all bids.

After the bidding period ends, the seller decides freely whether and to whom to award the vehicle. The seller is not bound by the highest bid and may reject all bids. There is no entitlement to an award in any case — not even for the highest bidder.

The contract of sale is concluded only upon the award. The award is communicated to the bidder concerned via the platform and by email.

By way of exception, the seller may specify in advance for a vehicle that the highest bid is awarded automatically when the deadline expires. Where this setting is active, it is shown with the vehicle; the award then takes place without any further decision.

The seller may withdraw an auction before the deadline. Bids submitted then cease to be binding. No claims arise for bidders as a result.

The purchase price is stated in euros. Whether VAT can be shown separately is indicated with the vehicle. For cross-border supplies within the EU, the applicable tax documentation requirements apply; the buyer must provide the necessary information and evidence.

The vehicle must be collected after the award within the period stated with the vehicle. Title passes only upon payment of the purchase price in full. The costs and risk of transport are borne by the buyer from handover.

If the buyer fails to meet their obligations, the seller may withdraw from the contract after setting a reasonable deadline. MKAA may block the account concerned in such a case.

Where the function is enabled, users may list their own vehicles for auction. For such vehicles, the listing user is the seller; the contract of sale is concluded exclusively between the listing user and the purchasing user. MKAA does not become a party to that contract and merely provides the platform.

The listing user warrants that they are entitled to dispose of the vehicle and that all vehicle information is accurate and complete, in particular regarding prior damage, mileage and ownership. They indemnify MKAA against third-party claims arising from inaccurate information or a lack of entitlement.

MKAA checks listed vehicles for plausibility before activation but does not warrant the accuracy of the information provided by the seller.

The vehicles sold are used vehicles sold to businesses. Claims for material defects are excluded to the extent permitted by law. This does not affect claims for fraudulently concealed defects, for expressly assumed guarantees, or in the event of injury to life, body or health and in cases of intent or gross negligence.

Obvious defects must be reported in writing without delay after collection, and at the latest within two working days.

Use of the platform — registration, search, bidding and the purchase of vehicles — is currently free of charge. No premium is charged on the award price.

MKAA reserves the right to charge for individual services in future, in particular for the listing of vehicles by other dealers. Fees will be announced in text form at least six weeks before they take effect and will apply exclusively to vehicles listed and bids submitted after that date. Auctions already running remain unaffected. If the user does not object before the fees take effect, the announced fees are deemed accepted; the user may terminate their account at any time.

The user undertakes to refrain from:

• submitting bids without intent to purchase or influencing auctions in a sham manner,
• extracting platform data automatically or using it outside the trading purpose,
• passing on vehicle data, photos or bidding information to third parties outside their own business,
• disrupting or overloading the platform or circumventing security measures,
• transferring their account to third parties.

MKAA endeavours to achieve high availability of the platform but does not owe it. Maintenance and fault periods may restrict operation. If the platform suffers a significant outage during a running auction, MKAA may extend the bidding period appropriately.

MKAA is liable without limitation for intent and gross negligence as well as for injury to life, body or health. In the event of slightly negligent breach of material contractual obligations, liability is limited to the foreseeable damage typical of the contract. Liability is otherwise excluded.

MKAA may temporarily block or permanently close an account in the event of breaches of these terms. In the event of serious breaches, immediate blocking without prior warning is possible. Contracts of sale already concluded remain unaffected.

The user may terminate their account at any time in text form. Binding bids submitted and contracts of sale concluded remain effective.

MKAA may amend these terms with effect for the future. Amendments will be communicated in text form at least six weeks before they take effect. If the user does not object before they take effect, the amendments are deemed accepted; the notification will draw express attention to this.

Luxembourg law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from use of the platform is Luxembourg City, provided the user is a merchant.

Should any provision be invalid, the validity of the remaining provisions remains unaffected. The German version of these terms prevails; translations serve comprehension only.