Terms of service

1. DEFINITIONS

  • Business Day: day on which banks are open to the public, excluding Saturday, Sunday, or holidays.
  • Defect: defective equipment and/or that does not match the description and published photographs.
  • Encumbrance: any interest, right, or claim affecting the use or transfer of the Equipment.
  • Force Majeure Event: event beyond the reasonable control of the parties.
  • Platform: www.auctions.elebbre.com

2. CAPACITY AND ELIGIBILITY

2.1. Legal Capacity: The services are available only to persons with legal capacity. Minors and persons with legal incapacity cannot participate.

2.2. Registration: To bid, the user must become a registered User with ELEBBRE.

3. PLATFORM USE

3.1. Purpose: The Platform allows the BUYER to purchase Equipment advertised by SELLERS. ELEBBRE is not a party to the business, except when it is the owner of the Equipment.

3.2. Listing Period: The SELLER determines the availability period of the equipment.

3.3. Prohibited Conduct: It is prohibited to: artificially influence prices, communicate directly with SELLER during listing, make collusive bids, bid without intention to buy, damage SELLER's reputation, manipulate rating system.

3.4. Exclusivity: During the listing, ELEBBRE has exclusivity for negotiation. BUYER must inform ELEBBRE of any SELLER contact and cannot make direct sales without prior written approval.

3.5. Applicable Terms: Use subject to the Terms available at https://auctions.elebbre.com/policies/privacy-policy

4. BIDS AND AUCTIONS

4.1. Binding Bid: Every bid is irrevocable and irreversible for 1 business day. The BUYER commits to completing the transaction.

4.2. Bid ≥ Minimum Price: Immediately and automatically accepted by the SELLER, binding both parties.

4.3. Bid < Minimum Price: Valid for 1 business day. SELLER may make a counteroffer, which must be responded to within 1 business day.

4.4. Multiple Bids: Preference to the first bidder who reaches the minimum price.

4.5. Rejection: ELEBBRE may reject bad faith bids, manipulative bids, due to technical errors, or that violate laws, without justification.

4.6. Cancellation: ELEBBRE may withdraw, postpone, or cancel listings before conclusion, without compensation.

5. PARTICIPATION GUARANTEE

Required amounts to participate:

This deposit is a fixed amount, regardless of the purchase value:
USD 2,000 / CLP 2,000,000 / PEN 7,000

This deposit allows you to participate in the auction and is valid for all equipment you wish to bid on, without the need to submit a separate deposit for each item.

Important:
The deposit is 100% refundable if you do not win any equipment.
If you are awarded an item, this amount may be used as part of payment.
Return within 5 business days if no purchase.

6. PRICES AND PAYMENT

6.1. Composition: Sale Price + taxes + operational expenses.

6.2. Term: 5 business days after completion and receipt of Invoice.

6.3. Method: Bank transfer. Currency variation and fees are the BUYER's responsibility.

6.4. Tax Responsibility: All taxes are the BUYER's responsibility.

7. INTELLECTUAL PROPERTY

7.1. Platform Data: ELEBBRE owns all rights to bids, prices, and Platform data. Prohibited to record, capture, reproduce, or commercially exploit without authorization.

7.2. Violation: Contact [email protected] with appropriate documentation.

8. COMMENTS AND RATINGS

8.1. System: Platform allows Comments and Ratings between users. They reflect individual opinions, not ELEBBRE's.

8.2. Requirements: Must be accurate, without offensive or defamatory language. Do not manipulate the system.

8.3. Moderation: ELEBBRE may remove offensive content but does not continuously monitor.

9. DISPUTES

9.1. Between Users: Disputes about Equipment: resolve with SELLER. About payment: resolve with BUYER. ELEBBRE has no responsibility.

9.2. Behavior: Complaints about users: [email protected]

9.3. Release: Disputes between users release ELEBBRE from claims.

10. EXPORT CONTROL

10.1. Compliance: BUYER responsible for complying with export laws and obtaining necessary licenses.

10.2. Prohibitions: Prohibited to export to prohibited destinations, entities, or persons without authorization.

10.3. Exemption: ELEBBRE and SELLER do not assume responsibility for BUYER violations.

11. LIMITATION OF LIABILITY

Platform operates "as is". ELEBBRE and SELLER are not responsible for losses, damages, lost profits. Liability limited to ELEBBRE's commission.

12. SUSPENSION AND TERMINATION

12.1. Of Platform: ELEBBRE may suspend or terminate operation at any time.

12.2. Of Users: ELEBBRE may suspend users for violating Terms or inability to confirm information.

12.3. Modifications: ELEBBRE may modify Terms without prior notice.

13. LAW AND JURISDICTION

13.1. Applicable Law: Brazilian law, excluding CISG of 04/11/1980.

13.2. Forum: Judicial District of São Paulo, Brazil. Parties waive any other.

14. GENERAL PROVISIONS

14.1. Severability: If any part is invalid, the rest remains in effect.

14.2. Tolerance: Does not imply waiver of rights.

14.3. Assignment: BUYER cannot assign rights without ELEBBRE's written consent.

14.4. Force Majeure: Any party may terminate contract due to force majeure > 30 days.

15. CONTACT

ELEBBRE S.A. - CNPJ: 44.683.061/0001-76

Av. Eng. Luís Carlos Berrini, 1681 – Cj 142 – Cidade Monções CEP 04571-011 – São Paulo – SP

E-mail: [email protected]

Website: www.auctions.elebbre.com