GDPR Conditions

1. General Provisions and Definitions

1.1. These Terms and Conditions govern the organisation and conduct of closed digital auctions of used vehicles on the Moller auction platform (hereinafter the Platform).

1.2. The operator of the Platform and administrator of the auctions is SIA “Moller Auto Outlet”, registration No. 40203453148 (hereinafter the Operator).

1.3. The Operator organises and administers the Auction but does not become the Seller of the Vehicle unless expressly stated otherwise in the Auction information.

1.4. The Platform is intended exclusively for registered business customers, i.e. legal entities purchasing Vehicles for professional or commercial purposes and not as consumers (hereinafter the Participant).

1.5. By registering on the Platform, the Participant confirms that it has read these Terms and Conditions, agrees to them and undertakes to comply with them. The Operator provides the Participant with an opportunity to save these Terms and Conditions on a durable medium before registration.

1.6. If a separate agreement is required for participation in Auctions, the Participant must enter into such agreement before participating in an Auction. If there is any conflict between these Terms and Conditions and the terms or information of a specific Auction, the terms or information of the specific Auction shall prevail in relation to that Auction. In all other respects, these Terms and Conditions shall apply.

1.7. Definitions:

“Auction” means the sale of a Vehicle organised on the Platform by means of ascending bidding;

“Vehicle” means the vehicle described in the information for the relevant Auction;

“Seller” means the Moller group company or cooperation partner identified in the information for the relevant Auction that sells the Vehicle and enters into a purchase agreement with the Winner;

“Participant Profile” means the Participant’s profile on the Platform through which the Participant accesses the Platform and participates in Auctions;

“Bid” means a binding offer made on the Platform to purchase a Vehicle at the stated price;

“Reserve Price” means the minimum selling price set by the Seller, which is not visible to Participants;

“Winner” means the Participant recognised as the winner of the Auction in accordance with Section 4 of these Terms and Conditions.

2. Registration and Right to Participate

2.1. To register on the Platform, a legal entity completes the registration application and provides the information requested therein. Depending on the ownership, control and management structure of the legal entity, the Operator may request additional information and documents necessary to assess sanctions, anti-money laundering, fraud and other compliance risks.

2.2. Access to the Platform is granted after successful completion of the registration information review and the checks determined by the Operator. The Operator may refuse registration if the information is incomplete or false, the checks have not been successfully completed, or there is a sanctions, fraud or other material compliance risk.

2.3. The Operator may suspend the Participant’s participation on the Platform or in a specific Auction if an additional check is required or the information provided by the Participant has not been kept up to date. Participation may be suspended until the relevant circumstances have been clarified or deficiencies remedied.

2.4. The Participant is obliged to ensure that the information provided to the Operator is true, complete and up to date and to inform the Operator immediately of any material changes.

2.5. The Participant is responsible for the security of the access credentials of the Participant Profile and for all actions performed using the Participant Profile, including Bids made and other actions performed on the Platform. Actions performed using the Participant Profile shall be deemed to be actions of the Participant, unless the Participant proves that they were performed after the Participant had informed the Operator of unauthorised access to the Participant Profile.

2.6. The Participant shall grant access rights to the Participant Profile only to natural persons duly authorised to act, participate in Auctions and make Bids binding on the Participant on behalf of the Participant. The Participant is responsible for granting access rights in accordance with the scope of the relevant person’s authorisation.

2.7. The Participant shall regularly review the access rights granted to the Participant Profile and shall immediately restrict or revoke them if a person’s authorisation has changed or expired or if access is no longer required. The Participant is responsible for ensuring that, throughout the use of the Platform, the Participant Profile can be accessed only by persons who have valid authorisation to act on behalf of the Participant.

2.8. The Participant shall immediately inform the Operator of unauthorised access to the Participant Profile, loss of access credentials, possible disclosure thereof to a third party or any other security incident, and shall take reasonable measures to prevent or mitigate its consequences.

2.9. The Participant may not transfer the access credentials of the Participant Profile to another person who has not been granted the appropriate access rights, allow a natural person to use the Platform for private purposes, or participate in an Auction on behalf of another person without the Operator’s prior written consent.

3. Vehicles and Auction Information

3.1. Used Vehicles are auctioned on the Platform.

3.2. To participate in an Auction, the Participant registers for it in accordance with the procedure and within the time limit specified on the Platform.

3.3. The information for a specific Auction shall include at least

- the Seller and the location of the Vehicle,

- make and model,

- identification data,

- date of first registration,

- mileage,

- available information on condition,

- starting price,

- applicable VAT regime,

- start and end time of the Auction,

- other material information.

3.4. The Vehicle is primarily available for inspection online using the description and images published on the Platform. By prior agreement with the relevant Seller or the contact person indicated by the Seller, the Participant may inspect the Vehicle at its location before the end of the Auction.

3.5. Before making a Bid, the Participant is obliged to independently assess the Vehicle’s documents, description, images and condition and, if necessary, arrange an inspection or expert examination. By making a Bid, the Participant confirms that it has assessed the available information and the Vehicle’s suitability for its needs.

3.6. The Operator or the Seller may correct obvious errors or supplement the Auction information. If the changes are material and the Auction has already started, the Operator may extend or cancel the Auction. Participants shall be informed of material changes on the Platform or, where possible, using the contact details provided by the Participant.

4. Conduct of the Auction and Bidding

4.1. The Auction is conducted digitally on the Platform during the period specified in the information for the relevant Auction.

4.2. Bids are made on the Platform. Each subsequent Bid must exceed the current highest price by at least EUR 50. The Platform may also allow a larger bid increment.

4.3. A Bid is binding and cannot be withdrawn once registered, except where the Operator identifies an obvious input error or technical malfunction and, after assessing the circumstances, permits the Bid to be cancelled.

4.4. A Bid shall be deemed received at the moment it is registered in the Platform system. The time and activity records recorded in the Platform system constitute prima facie evidence of the making of the Bid, its time and content, unless proven otherwise.

4.5. The Seller may set a Reserve Price for each Vehicle that is not visible to Participants. The highest Bid alone does not create an obligation for the Seller to sell the Vehicle if the Reserve Price has not been reached or the Auction result has not been approved.

4.6. The Operator or the Seller may decline to approve the Auction result or cancel the Auction before or after its conclusion if the Reserve Price has not been reached, material technical disruptions have occurred, a breach of these Terms and Conditions, manipulation, sanctions or another compliance risk has been identified, there is a material error in the Vehicle description, or the Seller is unable to complete the transaction for objective reasons, including where the Vehicle has been materially damaged, destroyed or stolen, or obstacles to its disposal or registration have been identified.

4.7. If the Reserve Price has been reached and the Auction result has been approved, the Participant who submitted the highest Bid shall be recognised as the Winner. Notification of approval of the Auction result creates an obligation for the Winner to enter into the purchase agreement and pay the purchase price within the specified period.

4.8. Participants are prohibited from manipulating bidding, coordinating prices, using multiple Participant Profiles, bidding without the intention to complete the purchase, using unauthorised automated tools, or otherwise interfering with the conduct of the Auction.

5. Purchase Agreement and Payment

5.1. Within three business days after approval of the Auction result, the Winner must enter into a purchase agreement with the Seller indicated in the information for the relevant Auction, unless the Seller has specified another period.

5.2. The purchase price is the Winner’s highest approved Bid. The VAT regime specified in the Auction information applies to the purchase price.

5.3. The Winner must pay the full purchase price within three business days after receiving the Seller’s invoice or other payment request by bank transfer to the account indicated by the Seller, unless otherwise provided in the purchase agreement.

5.4. No advance payment, security deposit or reservation fee is required to participate in an Auction unless otherwise stated in the information for the relevant Auction.

5.5. If the Winner fails to enter into the purchase agreement or pay the purchase price within the specified period, the Seller may withdraw from the transaction, offer the Vehicle to the Participant who made the next highest Bid, or re-auction the Vehicle. The Operator may also suspend or close the Winner’s Participant Profile.

5.6. The measures provided for in Clause 5.5 of these Terms and Conditions do not limit the Seller’s right to claim damages in accordance with the purchase agreement and applicable laws and regulations.

6. Delivery of the Vehicle and Ownership

6.1. The Vehicle shall be delivered to the Winner after the purchase agreement has been concluded and the full purchase price has been credited to the Seller’s bank account.

6.2. Delivery shall take place at the location of the Vehicle, with the delivery time agreed in advance with the Seller. The Winner shall arrange collection and transportation of the Vehicle at its own expense unless otherwise provided in the purchase agreement.

6.3. At the time of delivery, the parties shall sign an acceptance and delivery document, and the Seller shall hand over to the Winner the Vehicle documents, keys and other accessories in its possession that are specified in the Auction information or the purchase agreement.

6.4. The time of transfer of ownership and risk, the procedure for re-registration of the Vehicle and the allocation of related costs shall be determined by the purchase agreement and applicable laws and regulations.

6.5. If the Winner fails to collect the Vehicle within the specified period, it shall reimburse the Seller for costs related to storage of the Vehicle. In addition, the Seller may charge other costs related to delayed collection as provided for in the purchase agreement.

7. Condition of the Vehicle and Liability

7.1. The Vehicle is used and is sold in the condition in which it is at the time of conclusion of the purchase agreement and delivery (“as is”), taking into account the information stated in the Auction information and the opportunity provided to the Participant to inspect the Vehicle.

7.2. The Participant acknowledges that a used Vehicle may have wear and defects and may require repairs, maintenance or other investment.

7.3. After delivery of the Vehicle, the Buyer may not raise claims concerning the condition, wear or defects of the Vehicle of which it was aware or which could not have remained hidden from it, taking into account the information provided to the Participant and the opportunity to inspect the Vehicle.

7.4. The Seller gives no warranty as to the Vehicle’s suitability for a particular purpose, future operation or resale potential unless expressly provided otherwise in the purchase agreement.

7.5. These Terms and Conditions do not limit the Seller’s liability for wilful misconduct, knowingly providing false information, or in other cases where limitation or exclusion of liability is not permitted under applicable laws and regulations.

7.6. The Operator is responsible for the operation of the Platform and administration of the Auction but is not responsible for the characteristics of a specific Vehicle or performance of the Seller’s obligations, unless the Operator itself is identified as the Seller.

7.7. To the extent permitted by applicable laws and regulations, the Operator shall not be liable for indirect losses, loss of profit or business interruption arising in connection with use of the Platform. This limitation does not apply to losses caused by wilful misconduct or gross negligence.

8. Privacy and Data Processing

8.1. Personal data processing in connection with registration on the Platform, compliance checks, conduct of Auctions and performance of transactions is carried out in accordance with the relevant privacy notice published on the Moller Auto website.

8.2. The Participant shall ensure that, before submitting data of its representatives, employees or other persons to the Platform, the relevant persons have been informed about the processing of personal data.

8.3. The Participant shall not enter personal data or other confidential information on the Platform that is not necessary for participation in an Auction or performance of a transaction.

9. Restrictions on Use of the Platform and Closure of the Participant Profile

9.1. The Participant is prohibited from using the Platform unlawfully, circumventing security or access-control measures, interfering with the operation of the Platform, obtaining data automatically without authorisation, or using information from the Platform outside participation in Auctions and performance of related transactions.

9.2. The Platform content, software, databases, trademarks and other intellectual property belong to the Operator or the respective rights holders. The Participant is granted no rights other than the right to use the Platform in accordance with these Terms and Conditions.

9.3. The Operator may warn the Participant, restrict Platform functions, suspend or close the Participant Profile, and cancel a Bid or Auction result if the Participant breaches these Terms and Conditions, fails to perform transaction obligations, or creates a material legal, reputational, sanctions, fraud or cybersecurity risk.

9.4. Unless immediate action is necessary to prevent a material risk, before closing the Participant Profile the Operator shall inform the Participant of the reason for closure and provide a reasonable opportunity to submit an explanation.

9.5. Suspension or closure of the Participant Profile does not release the Participant from obligations previously assumed.

10. Platform Availability and Extraordinary Circumstances

10.1. The Operator does not guarantee uninterrupted or error-free operation of the Platform and may temporarily suspend it for maintenance, security or technical reasons. The Operator shall take reasonable measures to prevent disruptions and mitigate their impact.

10.2. If a technical malfunction may have materially affected the conduct or result of an Auction, the Operator may extend, suspend, repeat or cancel the relevant Auction.

10.3. The Operator and the Seller shall not be liable for non-performance or delayed performance of obligations caused by extraordinary circumstances beyond the control of the relevant person which it could not reasonably have foreseen, prevented or overcome. The relevant person shall inform the other party of such circumstances and their expected impact as soon as possible.

11. Amendments and Notices

11.1. The Operator may amend these Terms and Conditions if necessary due to changes in laws and regulations, Platform functionality, security requirements or the Auction process.

11.2. The Operator shall inform the Participant of material amendments on the Platform or using the contact details provided by the Participant. Amendments shall not affect the binding force of a Bid made or an Auction result approved before the amendments enter into force, unless the amendments are necessary to comply with mandatory applicable laws and regulations.

11.3. Notices relating to the Platform may be sent through the Platform or to the email address provided by the Participant. The Participant is responsible for keeping its contact details up to date.

12. Applicable Law and Dispute Resolution

12.1. These Terms and Conditions and the legal relationships arising from them shall be governed by the laws of the Republic of Latvia unless otherwise provided in the relevant purchase agreement.

12.2. If there is any conflict between these Terms and Conditions and the relevant purchase agreement, the terms of the purchase agreement shall apply to the purchase transaction for the relevant Vehicle. In all other respects, these Terms and Conditions remain in force and applicable.

12.3. If any provision of these Terms and Conditions becomes invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a legally permissible solution that corresponds as closely as possible to the purpose of the relevant provision.

12.4. Disputes shall first be resolved through negotiations. If no agreement can be reached, the dispute shall be heard by the competent court of the Republic of Latvia.

13. Contact Information

13.1. Platform operator: SIA “Moller Auto Outlet”, registration No. 40203453148, registered address: Kārļa Ulmaņa gatve 115, Mārupe, Mārupes novads, LV-2167.

13.2. Questions and notices concerning use of the Platform shall be submitted using the contact details indicated on the Platform.

Last updated: __.__.2026.