Auction Platform User Terms and Conditions
Auction Platform User Terms and Conditions
TBAuctions manages multiple Auction Platforms under different brands (each individually a “Brand” and collectively “Brands”). Each Brand operates its own Auction Platform using the technology and systems of TBAuctions.
These user terms and conditions (“User Terms and Conditions”) shall apply to the use of the Auction Platforms offered by the Brands and their associated services.
By using any of the Auction Platforms, you agree to these User Terms and Conditions.
Section 1. Definitions
1. The following definitions shall apply in these User Terms and Conditions unless the context indicates otherwise:
Account: the combination of a username and password allowing the User to gain access to the Auction Platform and log in to participate in the Auction.
General Terms and Conditions: the terms and conditions that apply, in addition to these User Terms and Conditions, to the relationship between the Buyer and the Auction Platform, as well as the relationship between the Buyer and Seller if a purchase agreement is concluded through the Auction Platform. By placing a Bid, Buyers expressly accept the contents of the General Terms and Conditions and their applicability.
Auto Bid: a Bid where Users set a maximum predetermined amount which they are willing to pay for a Lot. The Auction Platform system automatically places the next higher Bid on behalf of the User, as long as the maximum amount is not reached. The Auto Bid feature can be disabled by placing a higher Static Bid.
Bid: the amount a User places on a Lot through their Account, to be increased by auction charges, taxes (such as VAT) and other applicable fees. A Bid is considered an irrevocable offer to purchase the Lot for the Bid amount.
Brand(s): the brands that are part of TBAuctions, including:
Troostwijk
Vavato
Surplex
Klaravik Finland
HT Auctions & Valuations
PS Auction
British Medical Auctions
Auktionshuset dab
Auksjonen
User: any natural person or legal entity who has created an Account on an Auction Platform, among other things, in order to participate in an Auction as a bidder or as a seller of Lots. By creating an Account, Users agree to the User Terms and Conditions as well as the Seller’s and/or Buyer’s General Terms and Conditions.
User Terms and Conditions: this document in which the terms for using the Auction Platform are set out. These User Terms and Conditions shall also apply to all services offered by the Brands, as well as to all agreements entered into by said Brands for the use of the Platform and services, whereby the latter shall equally accept these User Terms and Conditions.
Item/Items: all objects, both movable and immovable, that are put up for auction and may be acquired, including any property rights in the same, through the Auction Platform.
Item Registration: the action whereby a User registers for a Lot, potentially by paying a registration fee, in order to place a Bid, if so allowed.
Lot/Lots: one (1) or more Items auctioned individually or collectively under one (1) Lot number through an Auction.
Buyer: the User to whom one (1) or more Lots are awarded at the end of an Auction. In this event, a purchase agreement is concluded between the Buyer and the Seller, under the terms set out in these User Terms and Conditions, the Buyer’s and/or Seller’s General Terms and Conditions and any Special Auction Terms and Conditions.
Notary: the notary who oversees Troostwijk’s Dutch Auctions and is tasked with verifying that they are conducted according to the applicable rules and regulations. At the moment, the notary is Mr J.C. Verburg or their substitute, associated with Pillar Notarissen B.V.
Public Auction: a Dutch Auction organised by Troostwijk, directed by an auctioneer and overseen by the Notary or bailiff, which Buyers may personally attend or for which they have the opportunity to do so within the meaning of Section 6:230g paragraph 1 under j of the Dutch Civil Code (Burgerlijk Wetboek - BW) and where a Lot being awarded leads to a binding purchase agreement. For Belgian Auctions, Book I.8, 36° of the Belgian Code of Economic Law (Wetboek van Economisch Recht - WER) shall apply to this provision.
Personal Data: all information which allows Users to be directly or indirectly identified, such as their name, address, place of residence, phone number and email address.
Registration: the registration of a User on an Auction Platform with the purpose of creating an Account, whereby the User agrees to the User Terms and Conditions as well as the Buyer’s and/or Seller’s General Terms and Conditions.
Special Auction Terms and Conditions: the terms applicable to participation in an Auction, in addition to, supplementing or deviating from the Buyer’s General Terms and Conditions, as specified on the platform for the relevant Auction.
Static Bid: a manual Bid in the form of a fixed amount placed by a User on a Lot.
TBAuctions: the organisation that owns and is responsible for the technology and systems on which the Brands operate their Auction Platforms.
Auction: an online sales procedure on an Auction Platform for one (1) or more Lots, including Dutch Public Auctions.
Auction Platform(s): the websites and/or apps of the Brands running on the technology and systems of TBAuctions, including:
Seller: the natural person or legal entity putting one (1) or more Lots up for auction.
1. The definitions included in these User Terms and Conditions may be used, without substantive changes, in both their singular and plural forms.
Section 2.General
2.1 Unless expressly indicated with the Lot, the Auction Platform shall act solely as an intermediary and only facilitate the sale of Lots on behalf of and for the account and risk of the Sellers. It is expressly indicated that the Auction Platform is not a party to the purchase agreement, which shall be concluded between the Seller and the Buyer. The Auction Platform shall not accept any liability or responsibility whatsoever.
2.2 Any Lots put up for auction on the Auction Platform of one (1) specific brand or label (Brand) may also be visible on the Auction Platforms of other Brands in the TBAuctions network. This means, for example, that any Lots put up for auction through Troostwijk may also be visible and available for bidding through the Auction Platforms of other Brands like Vavato, Surplex, Klaravik or Auksjonen.
2.3 Sellers using the Auction Platform and its underlying systems are referred to as Users for the purpose of these User Terms and Conditions. These User Terms and Conditions shall apply fully and without limitation to Sellers, to the extent of them using the Auction Platform to put any Lots up for auction.
Section 3.Account
3.1 Only natural persons of eighteen (18) years or over may register and create an Account on the Auction Platform on their own behalf or on behalf of any legal entity, provided that they are properly authorised to represent said legal entity. Upon Registration, Users are required to provide correct and complete Personal Data, including their name, address, VAT number and any additional information. The Auction Platform may perform additional verification, such as identity or bank checks.
3.2 Any natural persons, legal entities, organisations or bodies included on the European Union’s or other applicable sanctions lists, or located in areas subject to such sanctions, are banned from registering on the Auction Platform or creating or maintaining an Account.
3.3 The Auction Platform reserves the right to refuse, (temporarily) block, terminate or suspend access to the bidding for any Registrations or Accounts, without giving any reason. In this case, Users will receive an email explaining any measures taken. The Auction Platform shall not be liable for any damage resulting from such measures.
3.4 Accounts are strictly personal and non-transferable. Once successfully registered, Accounts are activated via email and text verification. Users must keep their login details safe and secure and shall be fully liable for all actions performed using the Account.
3.5 Users undertake to use the Auction Platform correctly and respectfully and shall refrain from any behaviour that could cause damage to the Auction Platform or other Users. Users shall be liable for all actions that occur after accessing their Account, irrespective of whether these actions are performed by Users themselves or by any third parties using their login details or authorisation key.
3.6 Users hereby guarantee that any Personal Data they have provided is correct and complete, and hereby undertake to notify the Auction Platform promptly of any changes.
3.7 Login details are strictly personal and must be kept confidential. Users must report any suspected abuse or unauthorised use immediately to the Auction Platform. The Auction Platform shall be entitled to block any Accounts temporarily or permanently in case of suspected abuse. Users shall hold the Auction Platform harmless from any damage resulting from any abuse or unauthorised use of their Account.
3.8 Users shall not collect, store or use other Users’ Personal Data for commercial purposes. The Auction Platform processes and stores Personal Data in accordance with its current privacy statement, available on the Auction Platform, and in compliance with applicable law at all times:
https://www.troostwijkauctions.com/privacy-cookie-statementhttps://www.troostwijkauctions.com/privacy-cookie-statement
https://www.vavato.com/en/privacy-cookie-statement
https://www.surplex.com/en/privacy-cookie-statement
https://www.klaravik.fi/en/privacy-policy
https://www.ht-kg.de/en/Datenschutz
https://psauction.com/buy/terms-and-conditions/updated-privacy-policy
https://www.britishmedicalauctions.co.uk/privacy-notice/
https://www.auktionshuset.dk/en/policy
https://www.auksjonen.no/infosenter/personvern
3.9 By creating an Account and/or logging in on the Auction Platform, Users accept these User Terms and Conditions, which shall apply to every use of the Auction Platform.
Section 4.Secure use of the Auction Platform
4.1 The Auction Platform has taken appropriate technical and organisational measures to secure its platform against data loss, unauthorised access and unlawful use, as far as may reasonably be expected.
4.2 The Auction Platform does not guarantee that the platform, or any affiliated services, will work seamlessly at all times, will meet Users’ expectations or will be continuously accessible and safe.
4.3 Users may not copy, distribute or make any Auction Platform publicly accessible wholly or in part, such as through deep links, without prior written consent from the Auction Platform.
4.4 The Auction Platform shall not be liable for any damage or loss resulting from data loss, file corruption, unauthorised access, viruses or other harmful software that may be transmitted through the platform.
4.5 Users are banned from posting (hyper)links on the Auction Platform without prior written permission from the Auction Platform. The Auction Platform accepts no responsibility for the content of such linked websites.
4.6 Users must use the latest version of the Auction Platform, including the Auction Platform app, to ensure the Auction Platform works properly. Although the Auction Platform may inform Users about available updates, it shall not be liable for any damage resulting from the use of any outdated versions.
4.7 The Auction Platform shall be solely responsible for all intellectual property rights as well as any rights related to the Auction Platform, Account, the database of Lots and any further development thereof. Users are granted only a limited, non-exclusive, non-transferable and non-sublicensable right to use the platform. The Auction Platform may terminate this user right at any time and impose additional conditions on any use.
4.8 The Auction Platform, including the Account as well as all features, are offered “as is”. No guarantee is provided as to the availability or retention of certain features. The Auction Platform will endeavour to rectify any defects as soon as possible. In addition, the Auction Platform shall have the right to (temporarily) disable or limit the platform or any Accounts for update, improvement or maintenance purposes, without prior notice. This shall not entitle Users to any compensation or fees.
4.9 The Auction Platform shall not be obliged to proactively check whether any User-submitted content is legal, infringes on any third-party rights or violates its own terms and conditions prior to posting. However, the Auction Platform reserves the right to check submitted content at its own initiative and take any necessary actions in accordance with Section 6 of these User Terms and Conditions.
4.10 The Auction Platform makes use of both automated systems and human oversight to keep the platform safe, fair and transparent. This involves checking Lot descriptions for violations of rules and regulations or the User Terms and Conditions, as well as any undesirable bidding behaviour, such as bidding without the intention to purchase. The Auction Platform also collaborates with relevant authorities to combat fraud, scams and the trade in prohibited products.
Section 5.Auction participation
5.1 Participating in any Auction shall only be permitted for Users who are competent and legally authorised to perform legal acts.
5.2 Users may bid on a Lot through their Account. Each Bid shall be unconditional, irrevocable and binding from the moment it is registered on the Auction Platform server. All Bids and relevant transaction data are automatically recorded in the bidding log. In the event of any disputes concerning the legal validity of a Bid, the bidding log shall serve as decisive evidence, excluding any other forms of evidence.
Consumer information: if you are purchasing from a professional Seller, who is selling within the scope of their professional activities, you will receive, as the highest bidder at the end of the auction, a bid confirmation containing information about the Seller (in accordance with Book VI.45, paragraph 1, 2°-3° and Book XII.6 of the Belgian Code of Economic Law (Wetboek van Economisch Recht - WER)) The purchase agreement shall only be concluded when you, as a consumer, confirm the winning Bid by clicking the 'PAY NOW[PC1] ' button in the payment flow.
5.3 Bids must be placed in accordance with the instructions on the Auction Platform and may be placed as Static Bids, Auto Bids or through Item Registration.
5.4 The Auction Platform may require Users to pay a deposit of at least 200 EUR to participate in an Auction. This deposit will be automatically refunded within seventy-five (75) days, provided that the Account is not blocked and the User is not in default of payment. In case of non-payment or late payment of the purchase price, the right to a refund of the deposit is forfeited to compensate for any administrative and other reasonable costs. Users may request early reimbursement, provided they meet the conditions required. The Auction Platform may also require additional identification or verification of address, personal or banking details.
5.5 The bidding log of the Auction Platform shall be decisive in determining the highest bidder. In the event of any discrepancies between the bidding log and any other (online) data, the bidding log shall prevail. The Auction Platform and/or the Seller hereby reserve the right to reject any Bid without giving a reason.
5.6 Auctions may be conducted subject to Seller approval. In this case, the Seller shall have up to forty-eight (48) hours after the end of the Auction to decide whether to award the Lot to the highest bidder. Any purchase agreement shall be concluded only in the event of and after actual approval from the Seller.
5.7 Sellers shall have the option to set a reserve price for their Lots. This reserve price represents the lowest price for which a Seller is willing to sell a Lot at Auction. At the end of any Auction, the Lots shall be sold to the highest bidder whose Bid is equal to or higher than the reserve price. In case the reserve price is not reached, the Lots shall be sold to the highest bidder if the Seller decides to award the Lot, nonetheless.
5.8 In the event of technical faults impeding access to the Auction, the Auction Platform may cancel the Auction or extend it by up to twenty-four (24) hours. On the Vavato Auction Platform, if a Bid is placed on a Lot during the last six (6) minutes before closing, the Auction for said Lot shall be automatically extended each time in blocks of six (6) minutes after the indicated closing time. The Auction Platform will inform the bidders involved as soon as possible in the event of any errors or disputes regarding the bidding process.
5.9 Users are strictly prohibited from bidding on any Lots they have put up for auction themselves or from inducing or facilitating others to bid on their Lots. Violation of this ban may lead to immediate exclusion from the Auction Platform and blocking of their Account.
5.10 The Auction Platform may set additional conditions for Auction participation, such as mandatory Item Registration before the Auction and/or payment of a deposit as described in Section 5.4. Although Item Registration may grant Users the opportunity to bid, the Auction Platform is not obliged to allow Users to do so.
5.11 The Auction Platform reserves the right to check the creditworthiness or solvency of any Users and/or Buyers at any time. Further participation in any Auction may be refused if there is insufficient guarantee of the capacity to pay.
5.12 Users and Buyers must cooperate at the first request of the Auction Platform with any checks within the context of applicable legislation, such as anti-money laundering rules and regulations, counter-terrorism financing or other legal obligations.
Section 6.Reporting violations and measures
6.1 All Users of the Auction Platform shall comply with any applicable rules and regulations and with these User Terms and Conditions. Users who notice any illegal or offensive content, any content violating any applicable rules and regulations or who experience any other issues related to any Lots, can report these via the email address of the Auction House (see below). Suspected scams can also be reported via this email address.
6.2 The Auction Platform reserves the right to take appropriate measures to protect the Platform, its Users and its services when the Auction Platform receives any indications, whether from its Users or any third parties, or believes of its own accord that a User may be acting in violation of the law or these User Terms and Conditions. This shall also apply to any unreasonable use of the Auction Platform, such as for placing Bids without genuine intent to purchase the Lots or causing nuisance or damage.
6.3 The Auction Platform may, without prior warning:
issue a warning to a User;
remove Bids, Lots or other content violating any applicable rules and regulations;
temporarily or permanently restrict access to (parts of) the Auction Platform, including suspending or removing User Accounts or limit any functionalities such as the creation of any new Lots;
block a Bid during the bidding process or set additional conditions for further participation in the Auction, such as request a bidding deposit (guarantee), if there is reasonable doubt as to the User's willingness or ability to pay;
suspend the Auction Platform's obligations vis-à-vis the User and temporarily block payments and/or payouts, whether or not through the payment service provider, as long as the User concerned does not fulfil their obligations under these User Terms and Conditions and has been notified of this.
6.3 The specific measures the Auction Platform takes in any particular case and how long these measures will last for will depend on the circumstances at hand. In these cases, the Auction Platform shall take into account, among others, the number of times the User concerned has posted illegal content, the nature of the illegal content, its consequences and the intent behind posting the content. In cases where a User bids on any Lots without the intent to purchase them, the measures will also consider the circumstances under which the Bids were placed, the purpose of the Bids and their impact on other Users.
6.4 The Auction Platform may process Personal Data within the context of the measures above. If necessary and within legal frameworks, the Auction Platform may share Personal Data with the competent authorities, such as the police or regulatory authorities.
Section 7.Notary oversight
7.1 The Dutch Auctions organised through Troostwijk's Auction Platform are overseen by an independent Notary. In order to conduct this supervision, only the Notary - excluding all other parties, except the Auction Platform - will have access to the complete bidding log of the Auction Platform at all times.
7.2The Notary is authorised to access the bidding log at any time and to review the complete bidding history of all Users and Auctions. Based on the bidding log, the Notary will conduct random checks to ensure the bidding is conducted properly, transparently and in accordance with the User Terms and Conditions, the Buyer’s General Terms and Conditions and any Special Auction Terms and Conditions.
7.3 Except in cases of wilful or gross negligence, the Notary, their staff and Pillar Notarissen B.V. shall not be held liable for any loss, damage or disadvantage resulting directly or indirectly from or related to: (i) the operation of the Auction Platform, (ii) the accuracy and/or completeness of any information provided by them, whether or not within the context of any Auction, in writing or verbally or otherwise knowingly or unknowingly to Users or any third parties, and (iii) the actions, acts or omissions of the Auction Platform and Sellers.
7.4 The Belgian Auctions organized through the Vavato Auction Platform are not overseen by a notary.
Section 8. Liability
8.1 By registering, Users acknowledge and agree to the particular circumstances in which online Auctions are conducted and the technical imperfections associated with such Auctions. In this respect, the Auction Platform excludes all liability for any damage, direct and/or indirect, resulting in any way, including but not limited to, any damage resulting from the use of the Auction Platform. The liability limitations for the Auction Platform included in these Terms and Conditions shall not apply in cases of wilful and/or gross negligence on the part of the Auction Platform or its delegates or agents, or, in cases of force majeure, in the event of non-performance of material obligations that are the subject of the service.
Any auxiliary persons who the Auction Platform may employ in the performance of its services shall in no case be held extra-contractually liable by the contracting party or by any third parties for any damage resulting from or related to the execution of the services.
8.2 The Auction Platform shall not be liable for any damage resulting from or related to:
any actions of the User based on information on the Auction Platform;
the (temporary) unavailability of the Auction Platform or any faults in the system;
the use of any outdated version of the Auction Platform app after a request to update the app;
any Lot not matching its description on the Auction Platform;
any incorrect, incomplete or outdated information on the Auction Platform, although the Auction Platform encourages Sellers to provide a clear description of essential Lot characteristics, including any potential defects;
any errors or defects in the Auction Platform software or the underlying system;
any unauthorised use of the Auction Platform or systems by any third parties;
any defects in the Lot(s);
any shortcomings and/or errors of third parties;
any measures taken by the Auction Platform regarding any User or Lot.
8.3 Sellers are responsible for the accuracy and completeness of the information about their Lots. The Auction Platform strives to present this information as accurately as possible but cannot accept liability for any damage resulting from incorrect or incomplete Lot descriptions or other inaccuracies.
8.4 Users hereby acknowledge that the Auction Platform does not provide any guarantee regarding the nature, quality, authenticity, safety, legality or any other aspect of any auctioned Items. All auctioned Items are sold with all their visible and invisible defects. Any warranty obligation shall rest solely with the Seller.
8.5 The Auction Platform shall not be responsible for Users’ compliance with any mutual obligations, such as the payment of the purchase price, the delivery of the auctioned Items or fulfilling other transaction-related obligations. The Auction Platform shall not be a party to the agreements between Users (Buyers and Sellers).
8.6 If, in spite of the above, the Auction Platform is liable nevertheless, such liability shall be limited to the minimum statutory liability and, in any case, to the amount paid out under its liability insurance in the case concerned. If no payout occurs, the Auction Platform’s liability shall be limited to the Premium amount, with a maximum amount of 5,000 EUR.
8.7 The Auction Platform shall never be liable for any indirect damage, consequential damage or damage related to Lot defects or (alleged) infringements of third-party rights, including intellectual property rights.
8.8 The Auction Platform cannot be held liable in cases of force majeure, where the event was unavoidable and occurred independently of the Auction Platform's will, including but not limited to theft, fire, accidents and water damage.
8.9 The Auction Platform shall engage any third parties with due care. If applicable, the Auction Platform shall enter into a data processing agreement with these parties. The Auction Platform shall not be liable for any shortcomings of these third parties.
Section 9. Complaints procedure
9.1 The page with frequently asked questions on the Auction Platform contains most answers concerning the use of the Auction Platform. Users who cannot find an answer to their question can contact one of our offices through the contact options provided.
9.2 If the Auction Platform takes a measure against a User as referred to in Section 6 of these User Terms and Conditions, the User concerned can submit a complaint with the Auction Platform (details provided at the end of these Terms and Conditions). Users can submit a complaint in the following situations:
For technical issues;
If they disagree with a decision of the Auction Platform to take or refrain from action regarding a specific Auction and/or Lot because the Auction and/or Lot information contains illegal content or violates the User Terms and Conditions;
In case of alleged breach of the Platform-to-Business Regulation (2019/1150), if applicable;
For any other actions or behaviours of the Auction Platform that significantly impact the User.
9.3 A complaint as referred to in item 2 above can be submitted within six (6) months after the Auction Platform has informed the User of its decision. Any complaints regarding any shortcoming in the Auction Platform services must be submitted in a timely manner after discovery, i.e. within a period of two (2) months.
9.4 Any complaints must be clearly described in full. The Auction Platform shall handle any complaints promptly and with due care, aiming to respond within fourteen (14) days of receiving any such complaint.
9.5 If the complaint cannot be resolved through the internal complaint procedure, it can be put before an independent disputes committee. The use of this complaints procedure shall not affect the User’s right to submit their dispute to the competent court.
Section 10. Accommodations and working process
10.1 If and to the extent that any provision in the User Terms and Conditions is or is rendered null and void, the remaining provisions of the User Terms and Conditions shall remain in full force and effect. The Auction Platform will then establish a new provision to replace the null/void provision, taking into account the intent of the null/void provision as much as possible. In the event that a provision of these General Terms and Conditions is found to be only partially invalid, its remaining parts shall remain unaffected.
10.2 The Auction Platform may declare that the Buyer’s General Terms and Conditions and the Special Auction Terms and Conditions shall apply to any Auction in addition to the User Terms and Conditions. Users must digitally accept the Buyer’s General Terms and Conditions and Special Auction Terms and Conditions before placing a Bid. In the event of any inconsistency between the Buyer’s General Terms and Conditions, the Special Auction Terms and Conditions and these User Terms and Conditions, the provisions of the Special Auction Terms and Conditions shall prevail.
10.3 Any deviation from the User Terms and Conditions shall only be possible if put in writing by the Auction Platform.
10.4 The Auction Platform shall reserve the right to unilaterally amend the User Terms and Conditions. Users who continue to use the Platform after the General Terms and Conditions have been amended or supplemented, irrevocably accept said amended or supplemented General Terms and Conditions. The amended General Terms and Conditions shall apply to any Auctions and Bids after this notification.
Section 11. Applicable law and miscellaneous
11.1 These User Terms and Conditions shall be governed by the law of the country where the Auction Platform is located (see below).
11.2 For questions about these Terms and Conditions, the use of the Auction Platform and any complaints, Users can send an email to the relevant Auction Platform:
https://www.troostwijkauctions.com, located in the Netherlands
https://www.vavato.comlocated in Belgium
https://www.surplex.com, located in Germany
https://www.klaravik.fi, located in Finland
https://www.ht-kg.de, located in Germany
https://psauction.com/, located in Sweden
https://www.britishmedicalauctions.co.uk/located in the United Kingdom
https://www.auktionshuset.dk/en/, located in Denmark
https://www.auksjonen.no/, located in Norway
