Terems & Conditions Botis

Terms & Conditions Botis



Art.1: Introduction


As of  July 2009 these general terms and conditions replace any previous version of general terms and conditions and apply to the legal relationship between Botis and the users of its services.

In the event of any lack of clarity in the translated version of these general conditions produced for the benefit of the aforementioned subsidiaries of Botis, the Dutch text shall always be deemed to be binding and decisive in the event of any dispute.

A description is given below of the conditions applicable to all registered users of the online auction services of all Botis domains and websites. In order to be able to use these services, all subscribers and/or registered users must declare themselves to be in agreement with the terms and conditions of this agreement. An interested user must read all the terms and conditions and the privacy policy (Article 10) and declare himself/herself to be expressly in agreement therewith, online, before he/she can become a registered user of Botis.

Once they have registered, and before they are admitted for a subsequent bid, users must sign the general terms and conditions and privacy policy acknowledging their acquaintance therewith and acceptance thereof, by means of an online confirmation.

Changes and corrections to this agreement are posted on the websites. All provisions that are amended henceforth will automatically enter into force seven (7) days after notification thereof was given for the first time. This agreement enters into force from the moment of acceptance during registration for new users, whilst for users who are already registered it is effective as of July 2009, irrespective of whether or not the general terms and conditions have been signed.

Article 2: Working method

Botis has developed an online tool for the re-marketing of vehicles whereby leasing companies, car manufacturers and companies that have purchased their own vehicles are given the chance to offer these vehicles for sale to professional car dealers through an online auction or “e-auction”. To this end Botis organises a number of auctions every week. Using the on-line platform, the buyer can make a binding bid on the vehicles offered for sale.

In every auction there are three parties:

  • The buyer: this is the registered user/bidder
  • The seller: Botis organises the auctions and will in the end act as the selling party if the transaction goes through
  • The party offering the vehicle(s) for sale. This is the party that is offering its vehicles for sale through Botis.

Once the bid made by the buyer is accepted by the party offering the vehicle for sale, Botis undertakes to buy the vehicle from the offering party and then to sell it to the buyer for the price attained in the auction.

Article 3: Admittance to membership

Our auction services are exclusively available for and may only be used by professional car dealers, represented by their business manager or agents who are authorised to legally commit the dealer in question in accordance with the applicable legislation.

Botis has the right to check the accuracy of the information supplied by a user during registration on the site. If this verification were to reveal that a registered user was not a professional and recognised car dealer, Botis can and will reserve the right to refuse this registered user access to its services.Botis will notify the user of this decision, and if need be, will give him/her the opportunity to prove the contrary. The mere mention of the term ‘car dealership’ in the articles of association of the legal entity in question does not constitute such proof.

For professional car dealers, gaining access to the auction part of the website is very easy: you simply use the registration page to register. This registration is FREE OF CHARGE, but within seven (7) days of filling in your online registration you must send us a copy of the passport and a certificate in evidence or an official abstract (e.g. Trade Register) proving that you are a professional car dealer. It is only once we have received this document by e-mail or fax that we can activate your log-in and password and you can actively take part in the auctions. The general conditions will have to be confirmed on-line.

The registered Botis account and the user ID may not be transferred or sold to a third party, with the exception of people representing the registered firm. Botis reserves the right to suspend access to the website and its auction services for users who have not kept to this rule. In the event of improper use Botis expressly reserves the right to bring a claim for compensation against those who have transferred or sold their user ID.

Botis reserves the right to suspend access to the website in the event of non-compliance with the general terms and conditions, improper use or suspicion of improper use.

All users and Botis are independent and autonomous contracting parties. Acceptance of these general terms and conditions does not imply or create a representation, a partnership, a joint venture, an employer-employee relationship or a franchiser-franchisee relationship.

Article 4: A bid made is a binding bid

All registered users are aware that every time they take part in an auction by placing a bid, their participation constitutes a legally binding proposal for a transaction. By bidding on a vehicle, the user recognises that he is bound by these conditions.

A registered user cannot go back on his/her bid. Once he/she has placed a bid, he/she is legally bound by it, even if he/she should subsequently decide not to proceed with the online confirmation. Botis reserves the right, if need be and if the occasion arises, to block the user as a registered buyer and/or to claim compensations for any costs and damage incurred from this user.

When the buyer has the highest bid at the end of the auction, Botis must submit this bid to the party offering the vehicle for sale. It is this party who decides whether the bid is in the end accepted. Only from the moment when the party offering the vehicle for sale agrees to the bid does Botis act as seller, and the transaction can be completed.

Every bid is valid for 48 hours after closing of the auction.  

At the time of purchase, the buyer must also explicitly indicate the country of destination of the purchased vehicle.


Article 5: Payment, invoicing and services


5.1 Rates
All prices are indicated excluding VAT.

Once registered on the website, you can always take part in the auction. The auction charge per purchased vehicle is €110.

An additional charge is also applied per purchased vehicle. This charge depends on the country where the vehicle is offered for sale, and is always mentioned in the individual vehicle sheet under the heading “extra charge”.

International billing

An administrative charge of €75 will be added for international invoices to customers living in a country where there is a Botis establishment, should they wish to receive an international invoice for their international purchases.

Changes to rates

The pricing and credit policy and the rates for services may be altered unilaterally and without prior notification by Botis or acceptance by the user. The amended policy and rates enter into force seven (7) days after the modifications are posted on the website.

Botis may alter some or all of the services at any time. If and when a new service is introduced, the prices for this service shall take effect at the time that service is started up. Unless stated otherwise, all prices are quoted in euros (€).

Special offers

A temporary modification may be introduced for special offers and promotional campaigns. These changes take effect as soon as the special offer is announced on the website and are only valid for the duration of the special offer in question, as stated on the website.

5. 2 Payment, guarantee and delivery

All users are responsible for payment of the purchase price of the vehicle and all costs related to the use of our services and the website, and all associated taxes.

Transport and costs

The transport of the car is arranged in respect of every contract of sale Botis. If the buyer organises the transport himself, the transport is deemed to be effected by order of Botis. In this case,Botis will charge the buyer for the cost of the transport and will then credit this cost. See also the obligations in the framework of VAT.

If the transport is organised by the buyer, this transport can only be arranged after the car has been paid for and after the vehicle has been released by the party offering it for sale. See delivery of the car.

The transport prices mentioned on our website are indicative and depend on the physical location of the vehicle and the type of vehicle. The prices are indicated exclusive VAT.


When you buy a vehicle from Botis, and will immediately be exporting it to a non  EU country, you are obliged to provide us with the stamped customs documents EX1. Pending this, we request a guarantee per vehicle for a sum equal to the VAT amount (VAT applicable in the country of the sale). After reception of the EX1 document by Botis the amount of the guarantee will be reimbursed.


Botis will inform the buyer whether or not his bid – as the highest bid – has been accepted by the party offering the vehicle for sale. The buyer will then send Botis an online confirmation of his purchase within 24 hours (one working day).

The vehicle will only be delivered to the buyer at the earliest after receipt of full payment of the purchase price, including all charges, and once the party offering the vehicle for sale has released the vehicle to Botis.

Payment of the purchase price and all charges should be made within 24 hours (one working day) after the allocation and confirmation of the bid. The invoice will be raised after payment and will be handed over upon delivery of the vehicle or will be sent later by post.

Any late payment automatically accrues default interest (without any official notice of default being needed to this end) at the legal interest rate + 3% on an annual basis.

If payment is not made on time, the contract of sale that came into being between the buyer and Botis should be deemed and ipso jure, dissolved. The user formally accepts a sanction as a result of the major reductions in value resulting from the vehicle not being available for a long period of time. If payment is not effected the user will pay the costs and will also be liable for payment of the cancellation costs.

International billing

In the case of an intra-Community sale and international billing, the buyer is always obliged to indicate, at the time of purchase, what the country destination is of the vehicle. This is done during the online vehicle purchase confirmation.

The buyer is obliged to present the necessary documents with probative value (CMR and delivery document) in respect of receipt of the vehicle and the vehicle’s destination. If Botis  is not convinced by the documents furnished by the buyer (even where Botis is arranging for the transport) and is doubtful about the conditions of transport or dispatch of the goods outside the Botis country in which the vehicle is put up for auction, Botis may always charge the VAT to the buyer. The vehicle documents will be delivered after receipt of the CMR and the delivery document.

If the buyer is organising transport in order of Botis, he has to deliver the necessary proof of transport documents (CMR and delivery document). In case of missing transport documents, the buyer will be charged the transportation cost.

Delivery of the vehicle

If the buyer organises the transport of the car him/herself, the buyer must pick up the vehicle within two (2) weeks of receipt of the pick-up authorisation document. The pick-up authorisation document is a minimum required document to pick-up the car. In some cases the party offering the vehicle for sale is requesting his own pick-up authorisation document. In case of no valid pick-up authorisation document, the party offering the vehicle for sale or Botis preserves the right to refuse the delivery of the car to the buyer or his/her hauler . All related costs will be off charge to the buyer.

Botis reserves the right to charge €2.00 per day in garage charges once this period has lapsed.

If the vehicle is not picked up after one month the purchase will be dissolved without any reimbursement of the purchase price and/or all paid costs.


5.3. Complaints and cancellations

The buyer or his haulier should inspect the vehicle and check all the necessary documents when the vehicle is delivered. Complaints can only be accepted at the latest 24 hours (one working day) after delivery of the vehicle. Complaints should be thoroughly substantiated with all necessary evidence.

The buyer loses his/her right to recourse vis-à-vis Botis 24 hours after delivery of the vehicle.

In the event of cancellation of a bid or sale the user shall also be liable to pay Botis an amount for compensation of  loss with a minimum of  10% of the purchase price of the vehicle and extra costs.


Article 6: Liability


The items auctioned by Botis are placed on the website and described on the basis of the information obtained from the party offering them for sale.

Botis can therefore never be held liable vis-à-vis the buyer or be bound to pay any compensation or reimbursement of the purchase price on account of incorrect information (such as, although not exclusively limited to: the mileage, damage, technical faults, optional extras, colour, year of manufacture, date of first registration, etc.) pertaining to a vehicle put up for auction. Botis will act as intermediary towards the party offering the vehicle for sale to try to get compensation with due care.

Botis cannot be called upon to pay any compensation as a result of late delivery of the item, except where the delay in delivery has been proved to be the result of negligence on its part.

Botis cannot be called on in any way, either, if the buyer were unable to register the vehicle because the necessary documents (certificate of uniformity, inspection certificate, etc.) were missing.

By familiarising himself with and accepting these general terms and conditions, the buyer renounces, in respect of every contract of sale he has concluded or will conclude through these services, any present or future claim he may hold vis-à-vis Botis on account of faults rendering the purchase null and avoid and/or remuneration of direct or indirect, pre-contractual, contractual or extra-contractual damage vis-à-vis Botis, except in the case of fraud and compulsion from Botis in respect of the buyer, insofar as and whenever a sale comes into being.

Consequently, the party offering the vehicle for sale is liable for all visible but unreported damage to or technical faults affecting the vehicle and for all concealed or visible defects, irrespective of whether these are the result of “normal wear and tear” of the vehicle (in the case of a used vehicle), and any claim in this regard will be presented by Botis to the original party offering the vehicle for sale.

The party offering the vehicle for sale is responsible for handing over the necessary documents concerning the vehicle in question.

The buyer expressly agrees that he concludes the transaction as a professional dealer and expressly accepts and express that it is impossible for Botis to offer the current services for the prices in force for the service and development thereof at the time of his bid, on the one hand, and at the same time carry out a technical inspection of every vehicle and assume any responsibility in that respect.

If pursuant to any circumstance Botis were nonetheless to be held liable, Botis may be held accountable by the user for reimbursement up to a maximum amount consisting of the entire amount the user paid Botis for the use of its services (subscription costs and auction charges) in the year prior to the claim, as described in the relevant article 5.1 in these general terms and conditions.

In the event of force majeure, i.e. any circumstance arising that is beyond the explicit control of Botis, Botis’s obligations are suspended. Force majeure is deemed to be inter alia: strikes, delays, lack of delivery by suppliers, transport problems, embargo, boycott, severe weather conditions, flood, persistent freezing conditions, storm, electricity problems, etc.

Article 7: Disputes

When the buyer takes receipt of the vehicle, he will carry out an inspection of all visual and technical damage. When there are discrepancies vis-à-vis the information given in the auction on our website or if the buyer has other relevant comments, he should notify Botis thereof within 24 hours (one working day) of delivery or receipt of the vehicle. Any complaints lodged later than this are inadmissible. Complaints must be made in writing in order to be admissible. We can't accept any complaints for damaged cars (wrecks).

If a dispute arises between a user and Botis, every endeavour will be made to offer the user a neutral and inexpensive way of settling the dispute rapidly.

Before making use of these alternatives, we highly recommend that a user first contact Botis directly in order to arrive at a solution.

Reasonable requests will be considered to solve the dispute by means of alternative procedures, such as mediation, instead of recourse to legal proceedings.

In the event of a dispute arising from and based on the use of Botis’s services,Slovenian  law is applicable and the courts of the legal district of Šmarje pri Jelšah have territorial jurisdiction, even if the user moves abroad after the contract is signed.

Article 8: Fraud & manipulation

Without any restriction on other measures, Botis may suspend or terminate a user’s account when there is proof or a justified suspicion (further to conviction, amicable settlement, investigation for insurance or suretyship purposes, or in any other way) that this user has been guilty of fraudulent practices in relation to the website in particular or in relation to the legislation and the rules and regulations in general.

Neither bidders nor parties offering vehicles for sale may manipulate the price of an auctioned vehicle, and no user whomsoever may interfere with other users’ bids or transactions.

Article 9: Access and disruption

The information on the Botis website is updated in real time and is our property. All users agree not to use any robot, spider, scraper or any other automated auxiliary tool to gain access to the website, for any purpose whatsoever, without the express written permission of Botis. All users also agree that they:

  • will not commit any act whatsoever that – solely according to the judgement of Botis – places or could place an unreasonable or disproportionate burden on our infrastructure
  • will not copy, reproduce, alter, use for the making of derived works, disseminate or publicise any of the content of the website (other than the user’s own data) without the prior express written permission of Botis and, if need be, the third party in question
  • will not disrupt or try to disrupt the correct functioning of the website or any activities carried out on the website
  • will not circumnavigate our robot exclusion messages and other measures we use to preclude or restrict access to the website.

All rights relating to copyright, brand names, trademarks, design and the functioning of the Botis website, as well as all information, know-how and methods, are the exclusive property of Botis.

Copying, reproduction or imitation is strictly prohibited.

Article 10: Privacy policy

Botis will not sell or hire out any users’ personal data to third parties for marketing purposes. Botis uses this information solely and exclusively in the manner described in this privacy policy. The privacy guidelines of this declaration apply to the services available under the domain and sub-domains of Botis (the “website”) and are generally applicable to all Botis websites under a Top Level Domain (TLD).

By registering and/or subscribing, the user acknowledges that he/she is bound by the terms and conditions of this privacy policy. The Slovenian law of 8 December 1992 on the protection of privacy gives all users the right to consult and correct their personal data. Pursuant to a special request by the user to this end, all his/her data will be removed from the Botis databases.

As soon as a user registers and supplies us with his/her personal data, he/she is no longer anonymous for us. If he/she wishes to use our services, we may ask him/her to provide us with contact and identification details, invoicing details and other personal data on the various forms spread over the website. Where possible, we indicate what fields compulsorily have to be filled in and what fields are optional. You always have the possibility of not supplying certain information if you opt not to use a particular service or function.

Under certain circumstances we may ask for some additional financial data, such as, although not limited to: financial data and other data needed to invoice you for your use of our services.

All registered users of our services implicitly agree to the receipt of newsletters and updates from Botis. Every user may at any time opt no longer to form part of our mailing list by adjusting his or her own mail settings online or sending a message to: info@botis.eu.

We automatically trace certain information on the basis of your behaviour on the website(s). We use this information for internal research into the demographic data of our users and their interests and behaviour, in order to gain a better understanding of our users and to be able to provide them with a better service. When a user chooses to bid and buy on the website, we collect data on his/her bidding and buying behaviour.

Article 11: Correspondence


Unless explicitly stated elsewhere, all correspondence should be sent by ordinary post to Botis d.o.o., Spodnje Negonje 35, 3250 Rogaška Slatina, Slovenia  (in the case of Botis) or by e-mail to the e-mail address given during registration (in the case of the user). The message is regarded as having been conveyed 24 hours after the e-mail was sent, unless the sender is given notification that the e-mail address is invalid.

Should one of the clauses of these general terms and conditions prove to be null and void, this shall in no way detract from the validity and applicability of the other clauses.