General terms and conditions Antwerp Auctions B.V.

These are the general auction conditions that apply to all internet auctions organised by Antwerp Auctions.

Article 1 Definitions

General Auction Conditions: The general conditions applicable to all online auctions, private sales and associated services organised by Antwerp Auctions and all Purchase Agreements concluded between Buyers and Sellers as a result of the auction.

Bidder: a natural person or legal entity who has registered in the manner prescribed by Antwerp Auctions in order to be able to participate in an Auction, and who places a Bid (or multiple bids) at an Auction organised by Antwerp Auctions.

Bid: the amount offered by the Bidder at an Auction for a Lot.

Consumer: a natural person who acts for purposes outside his business or professional activity.

Consumer purchase: the purchase relating to a movable property concluded between a Seller who acts in the exercise of his trade, business, craft or professional activity and a Consumer, all in accordance with the Civil Code.

Curator: a person appointed by the court to handle a bankruptcy.

Participant: a Seller, Buyer and/or Bidder.

Antwerp Auctions: the private limited liability company Antwerp Auctions B.V., established in Aartselaar, registered in the trade register of the Chamber of Commerce under number 1015.240.602.

Lot: a Good or several Goods that are presented as such (as a lot) on the Auction website by Antwerp Auctions in consultation with the Seller and on which Bidders can bid at the Auction.

Purchase Agreement: The purchase agreement between Antwerp Auctions on the one hand and Buyer on the other hand that is concluded as a result of the Allocation following the Auction.

Purchase Price: the Purchase Price plus the Auction Costs, any shipping costs, transport costs or additional services.

Purchase sum: the amount bid by the Buyer for a Lot for which the Lot has been allocated to the Buyer by Antwerp Auctions.

Buyer: the Bidder to whom Allocation has taken place.

Personal data: the (personal) data that must be provided to Antwerp Auctions by a natural person upon registration in order to be able to bid on an Auction.

Allocation: the explicit declaration by Antwerp Auctions (on behalf of the Seller) to the Bidder that the Lot on which the Bidder has placed a bid has been allocated to the Bidder. This declaration is considered an acceptance on behalf of the Seller within the meaning of article 6:217 of the Dutch Civil Code.

Auction: the online auction via the Auction Website for the sale of one or more Items;

Auction service: the mediation in the establishment of a Purchase Agreement by facilitating an Auction;

Auction costs: the costs that a Buyer owes to Antwerp Auctions in return for providing the Auction service and which are stated on the Auction Website.

Auction account: a bank account held by Antwerp Auctions, to which the Purchase Price must be paid by Buyers and from which the Purchase Price is paid to the Seller, minus any costs owed by the Seller to Antwerp Auctions.

Auction website: the auction website www.antwerp-auctions.be through which Antwerp Auctions offers its Auction service.

Sales agreement: the sales agreement between Antwerp Auctions on the one hand and the Seller on the other hand, which is concluded as a result of the Allocation following the Auction.

Sales price: the Purchase Price minus the Auction Costs and any shipping costs or transport costs.

Seller: the natural person or legal entity who has instructed Antwerp Auctions to sell one or more Items in his name and on his behalf by means of an Auction.

Item or Items: one or more movable items as referred to in article 3:3 paragraph 2 of the Civil Code.

Article 2 Applicability and registration

2.1 In order to participate in an Auction, the Participant must register with Antwerp Auctions in the manner indicated by Antwerp Auctions. By registering, the Participant agrees to the applicability of the General Auction Conditions to the Auction and to Purchase Agreements that are concluded as a result of Allocation. Persons under the age of 18 or persons who are not authorized to perform legal acts are not permitted to register with Antwerp Auctions.

2.2 In the event of participation in an Auction at Antwerp Auctions, the Participants are bound to each other and to Antwerp Auctions by the provisions of the General Auction Conditions. Every Participant in an Auction at Antwerp Auctions is obliged to refrain from conduct that could harm the interests of Antwerp Auctions as an (online) auction house.

2.3 Antwerp Auctions has the right to unilaterally amend these General Auction Conditions. The thus amended General Auction Conditions apply with effect from the first Auction following the day on which the amendment of the General Auction Conditions is published on the Auction Website.

2.4 Antwerp Auctions reserves the right to refuse registration for an Auction at Antwerp Auctions and further participation in an Auction at Antwerp Auctions at any time and/or to unilaterally terminate it.

2.5 Participants must fill in their details completely and truthfully when registering. The sole authority to assess whether details have been filled in completely and truthfully rests with Antwerp Auctions. Participants are responsible for informing Antwerp Auctions in a timely manner of any changes to the information they provide upon registration. Antwerp Auctions is not liable to Participants for errors in the processing of Purchase Agreements or otherwise that are a result of incorrect or incomplete information provided by a Participant.

2.6 By registering, a Participant receives an account with Antwerp Auctions, with which he can participate in an Auction. An account is strictly personal and cannot be transferred to a third party. A Participant has access to his account with a username and password provided to him by Antwerp Auctions. Participants are responsible for the correct use and confidentiality of their username and password. Antwerp Auctions is not liable for unauthorized use by third parties of a Participant's account. Participants are at all times bound by Purchase Agreements that are concluded through the use of their account.

2.7 An account can be terminated at any time by either Antwerp Auctions or a Participant with a notice period of five working days. Obligations that arose prior to termination of the account will survive termination of the account.

Article 3 Privacy Statement

Antwerp Auctions will use the data of a Participant in accordance with the provisions of the privacy statement on its Auction Website (www.antwerp-auctions.be/privacystatement).

Article 4 Security

4.1 Antwerp Auctions makes reasonable efforts to protect its systems against loss of data and/or any form of unlawful use and takes appropriate technical and organizational measures.

4.2 A Bidder is obliged towards Antwerp Auctions to adequately protect his computer and any other device with which the Bidder gains access to the Auction Website against viruses or other unlawful programs or files that can spread via the Internet. A Bidder must also take sufficient measures to prevent unauthorized use of his password and username by third parties.

Article 5 The Auction Procedure

5.1 The manner of preparation and execution of the Auction is determined exclusively by Antwerp Auctions. This means, among other things, that Antwerp Auctions determines the course of events prior to and during the Auction and has the authority, if Antwerp Auctions deems it reasonable to do so, to admit or deny persons to the Auction, to exclude them from further participation, not to auction one or more Lots or to make changes to (the composition of) Lots, to exclude Participants from the Auction, not to recognize a Bid and therefore to consider it invalid and to suspend, resume, extend or cancel the Auction and/or to take other measures it deems necessary.

5.2 The duration of an Auction is stated on the Auction Website. This does not affect Antwerp Auctions' right to cancel, prematurely terminate, suspend or extend an auction. For example, Antwerp Auctions will be able to exercise its right to extend the Auction in the event that, due to technical failure(s), an Auction is not accessible to all Bidders. However, ANTWERP Auctions is not obliged to do so.

5.3 A Bidder is obliged to follow instructions and directions given by or on behalf of Antwerp Auctions in the context of an Auction.

5.4 A Bidder accepts the special circumstances that may occur in an online auction and the (technical) imperfections that may occur. This includes, among other things: the (im)possibility of obtaining (full) access to the Auction Website and/or an Auction, the inability to submit a Bid or the inability to submit a Bid on time, malfunctions of and/or defects in the Auction Website and/or in the underlying hardware and/or network connections and/or the software on which the Auction Website runs. Furthermore, maintenance work on the Auction Website and/or the underlying system may prevent unrestricted access to the Auction Website and/or an Auction and/or the submission of a Bid.

Article 6 Description of Lots

Descriptions of a Lot and all information on the Auction Website are provided to the ‘best of our knowledge’. When describing a Lot on the Auction Website, Antwerp Auctions is dependent on the information provided by a Seller or third parties about the Lot. Antwerp Auctions has no knowledge of the Lot that is being auctioned, nor of any (limited) rights (of third parties) or the correctness of the VAT regime, charges or attachments associated with the Lot. It is not possible for Antwerp Auctions to verify whether the information provided to it by the Seller or third parties about the Lot for the purpose of an Auction is correct and complete. The Seller is responsible for the description of the Lot, with the understanding that it is also not always possible for a Seller (such as a Trustee or a security interest holder) to provide complete information for the purpose of describing the Lot. The seller remains liable at all times. A Bidder accepts that it may occur that a description of a Lot is incorrect or incomplete.

Article 7 Bidding

7.1 A Bid must be made in the manner indicated by Antwerp Auctions. The Auction is conducted “by ascending bid”. The Auction always implies a (public) invitation from the Seller to make an offer.

7.2 If a Bidder makes a Bid on a Lot, this Bid is considered an offer to the Seller within the meaning of article 6:217 of the Civil Code. Each Bid is considered irrevocable and unconditional and a Bidder is bound by the Bid made. Each Bidder who makes a Bid is deemed to be bidding for himself and is personally bound by the obligations arising from his Bid.

7.3 If several persons declare that they are jointly making or have made a Bid, they are jointly and severally liable to Antwerp Auctions and the Seller for the obligations arising therefrom.

7.4 A Bidder cannot rely on bidding or typing errors or mistakes when making a Bid.

Article 8 Establishment of Purchase Agreement

8.1 The Purchase Agreement is established as a result of Allocation. The Purchase Agreement applies between the Buyer and the Seller. Antwerp Auctions is not a party to this. Antwerp Auctions only acts as an intermediary. If an auction takes place on behalf of a Curator, the purchase agreement is established under the condition precedent that the permission of the bankruptcy judge is withheld for the conclusion of the Purchase Agreement.

8.2 Allocation by Antwerp Auctions will in principle take place to the Bidder with the highest Bid, unless in the opinion of Antwerp Auctions there are compelling circumstances to deviate from this principle. If, by way of exception, an auction is held subject to the award by the Seller, this will always be explicitly stated on the Auction Website.

8.3 The risk of the Lot sold by Allocation by a Seller to a Buyer passes from the Seller to the Buyer at the time of delivery by the Seller to the Buyer.

8.4 The Buyer purchases the auctioned Lots in the condition in which they are at the time of delivery by the Seller to the Buyer. Neither Antwerp Auctions nor the Seller is liable for hidden defects. Unless expressly stated on the Auction Website or otherwise agreed in writing between the Buyer and the Seller, no guarantees apply.

8.5 When a Buyer purchases multiple Lots from the same Seller at an Auction, a separate Purchase Agreement is concluded for each Lot.

Article 9 Delivery and transport

9.1 A Lot purchased by a Buyer is delivered by the Seller to Antwerp Auctions. The buyer can collect the goods from, or have them transported against payment by Antwerp Auctions as soon as the Purchase Price for the purchased Lot has been paid in full by the Buyer.

9.2 If a buyer has opted for transport via Antwerp Auctions, Antwerp Auctions will arrange the transport of the goods as soon as the full amount (Purchase Price including transport costs) has been paid. Delivery takes place at the address provided by the buyer upon registration. The time of delivery is the time of delivery and the risk is transferred to the Buyer at that time.

9.3 If a Seller has opted for sale without shipping, this is a pick-up auction ("Pick-up Auction"). The costs of shipping are then not included in the Purchase Price that the Buyer must pay to the Auction Account prior to delivery. In the event of a Pick-up Auction, the Buyer, either by himself or by using a shipping or transport company, is responsible for the transport of the purchased Lot(s) from the collection address specified by the Seller. The time of collection is the time of delivery and the risk is transferred from the Seller to the Buyer at that time.

9.4 If, in the event of a Shipping Auction, the Buyer and Seller mutually agree after Allocation that the sold Lot or Lots will still be collected by the Buyer from the Seller, the shipping costs are still included in the Purchase Price that the Buyer must pay to the Auction Account prior to delivery. Antwerp Auctions will then refund these shipping costs paid by the Buyer to the Buyer if and as soon as the Buyer has confirmed to the Seller and Antwerp Auctions in writing or by e-mail that the Buyer has collected the Lot(s) purchased by him.

9.5 If it is necessary for the purchased goods to be dismantled for delivery, the Buyer must ensure this at his own expense. In such cases, the Buyer must ensure that dismantling is carried out in a professional manner without causing damage to third parties. The Buyer is liable for all damage caused as a result of the collection of the purchased goods. The Buyer indemnifies the seller and Antwerp Auctions against all claims by third parties with regard to the damage referred to in this article.

9.6 The Buyer must strictly adhere to the time (the “Collection Date”) and place for delivery of the purchased Lot(s) as determined on the Auction Website or otherwise by Antwerp Auctions or the Seller. If the Buyer does not collect the goods or does not collect them on time, Antwerp Auctions and/or the Seller are entitled to store the relevant Lots at the expense and risk of the Buyer. The Buyer is then obliged to reimburse Antwerp Auctions or the Seller (depending on who incurred these costs) for all additional costs incurred by Antwerp Auctions or the Seller respectively in connection with the failure to collect the goods or the failure to collect them on time, including storage costs, transport costs, personnel costs, disassembly costs and the like. Antwerp Auctions or the Seller respectively are entitled to retain the goods until the Buyer has paid the aforementioned costs in full.

9.7 The provisions of the previous article also apply to Shipping Auctions when the Buyer is not at home at the time of delivery indicated by the Seller or agreed upon by the Seller and the Buyer in deviation thereof (the “Pick-up Date”).

9.8 The period within which the Buyer is obliged to pick up the purchased Lot(s) ends, unless otherwise agreed, one day after the Pick-up Date. This period is a fatal term. If this period has expired without the Buyer having picked up the purchased Lot(s), the Buyer is legally in default.

9.9 In the case of Pick-up Auctions, the Seller and Antwerp Auctions are not responsible for (carefully) packing the Lot for transport. Furthermore, the Seller and Antwerp Auctions are not liable for damage during transport caused by the carrier engaged by the Buyer.

9.10 If it appears in the case of Shipping Auctions that the address provided by the Buyer upon registration is incorrect, Antwerp Auctions (on behalf of the Seller) is entitled to charge transport costs again to the correct address.

Article 10 Invoicing and payment (taxes and costs)

10.1 A Buyer owes Antwerp Auctions Auction Costs (premium). Antwerp Auctions will send the Buyer a (pro forma) invoice for the Auction Costs owed by the Buyer to Antwerp Auctions (the “Auction Invoice”) and for the amounts owed by the Buyer to the Seller, all of which (where applicable) to be increased by VAT and any additional services such as transport costs.

10.2 Payment of the Auction Invoice by the Buyer to Antwerp Auctions must be made within two days of the invoice date. This payment term is a fatal term. This means that if the Buyer fails to pay within this term, the Buyer will be in default by operation of law towards Antwerp Auctions and the Seller, as a result of which Antwerp Auctions and the Seller may charge statutory interest and extrajudicial collection costs.

10.3 A Buyer can only pay by bank transfer into the Auction Account.

10.4 If the Seller or the Buyer terminates the Purchase Agreement or otherwise affects it, the Buyer will remain liable to Antwerp Auctions for the Auction Costs.

10.5 In the event of non-payment, late payment or incomplete payment, Antwerp Auctions is entitled to terminate the Purchase Agreement on behalf of the Seller and then auction the goods again or allocate them to the second highest Bidder.

10.6 If the Auction Website indicates that a movable property or movable property that is part of a Lot is margin product, this means that no VAT is due on it. Bids on these Lots are therefore deemed to be without VAT. Bids on movable property that is not expressly indicated as margin product are exclusive of VAT. VAT is always due on the Auction Costs.

Article 11 Dissolution

11.1 In the event that the purchased Lot is not collected by the Buyer within the specified period, the Buyer is legally in default and the Seller has the right to dissolve the Purchase Agreement with the Buyer by means of a written statement, without being liable to pay any (damage) compensation to the Buyer in this regard.

Article 12 Liability

12.1 Antwerp Auctions is not liable for any damage suffered by a Participant as a result of his participation in the Auction in the broadest sense of the word, including damage resulting from any improper functioning of the Auction Website, except in the case of intent or gross negligence on the part of Antwerp Auctions.

12.2 Antwerp Auctions is never liable for indirect or consequential damage.

12.3 If and to the extent that a competent court, arbitrator or other designated dispute resolver rules that Antwerp Auctions is nevertheless liable despite the exclusion of liability, that liability is expressly limited to the financial interest of the consideration involved in the Auction Service provided by Antwerp Auctions.

12.4 The Seller of the goods is not liable for visible and invisible defects in the goods. The Bidder will have to investigate this before placing a bid based on the description and photos of the goods on the Auction Website.

12.5 Seller, Buyer and Bidder indemnify Antwerp Auctions against all claims from third parties as a result of the Auction Service provided by Antwerp Auctions in the broadest sense of the word with regard to Purchase Agreements concluded or to be concluded by them.

Article 13 Applicable law and competent court

13.1 Belgian law applies to these General Auction Conditions and the legal relationships arising from them.

13.2 In the event of any disputes, only the courts of Antwerp have jurisdiction, even in the event of multiple defendants.

13.3 In disputes between Bidders, Buyers and Sellers with a financial interest of one hundred euros or less, Antwerp Auctions will decide. In disputes between Bidders, Buyers and Sellers with a financial interest higher than one hundred euros, Antwerp Auctions will make a proposal (a non-binding advice) to the parties involved in the dispute regarding the resolution thereof. If a purchased Lot consists of multiple movable property and the dispute focuses on only one or a few movable property that is part of a Lot, it is the exclusive authority of ANTWERP Auctions to determine the value ratio between the various movable property that makes up the Lot. 

Article 14 Other provisions

14.1 Antwerp Auctions is entitled to amend the General Auction Conditions from time to time. In the event of amendments, the new auction conditions will apply with effect from the first Auction following the publication by ANTWERP Auctions of the new auction conditions on the Auction website.

14.2 In the event of ambiguities or contradictions between translations of the General Auction Conditions and the Dutch text, the Dutch text will prevail.

14.3 If a provision in the General Auction Conditions is not legally valid, this will not affect the legal validity of the other provisions. In that case, the provision will be replaced by a new provision that takes into account the purport of the void/annulled provision as much as possible.