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Terms and conditions

Article 1 - Definitions

  • "Agreement": this is an agreement between a Client and DSAuctions or one of the sub Websites;
  • "Auction Conditions": these are the underlying general and special terms and conditions;
  • "Bank Cheque": this is a certified cheque guaranteed by a European financial institution;
  • "Bid": is an amount offered by a Client for one or more Lots, clearly specified, and the word "Bidding" shall have the same meaning. Each Bid or Bidding shall be made without the applicable VAT and Premium;
  • "Buyer": this is a Client whereto one or more Lots have been allocated;
  • "Client": is any private person and/or legal entity which has accepted the Registration by using the Website;
  • "Customer": this is or a financial institution, or a captive, or an administrator/receiver/curator, or a liquidator, or a public notary/court bailiff, or any other party that wishes to use the services of DSAuctions or one of the sub Websites for offering a Lot;
  • "EU-Buyer": is a legal entity Buyer that is in the possession of a registered VAT-number and/or registration number from the country of its origin, which is a member of the European Union;
  • "Folder" this is a book, flyer of any other possible carrier other than the Website, whereby DSAuctions or on of the sub Websites, promotes the Sale of one or more Lots;
  • "DSAuctions": this is DSAuctions and/or one or more of its subsidiaries and/or sister ventures;
  • "Lot": this is a moveable property, equipment, material and/or matter, one or more known under one number, which are offered by DSAuctions or one of the sub Websites via a Lot Auction or Group Auction. Piping, cables, wires and/or other connections for energy, control and/or production are sold only up to the first connection, fitting or attached identification mark unless stated otherwise in the Specific Conditions;
  • "Specific Conditions": these conditions are in deviation of or completion of the Auction Conditions, as indicated on the Website and/or Folder, and are applicable for a specified Sale;
  • "Personal Details": this is data from a Client whereon the Client can be identified, among which, but not limited to; name, address, company registration number, e-mail, etc.;
  • "Private Sale": this is a lot auction or group auction, organized by DSAuctions or one of the sub Websites, which shall occur without the interference of a public servant;
  • "Premium": this is a sale cost, which is a particular percentage of a Bid, as stipulated in the Specific Conditions, that has to be paid by a Buyer on the total Bidding price at a Sale, multiplied with the applicable VAT, if any;
  • "Public Sale": this is a sale of a Lot, organized by DSAuctions or one of the sub Websites, which shall occur with the interference of a public servant;
  • "Purchase Amount": this is an amount equal to the sum of the amount offered by a Buyer on one or more Lots and the applicable Premium, this sum multiplied by the applicable VAT, if any;
  • "Registration": this is the registration via the Website by using the registration form ("Register" shall have the same meaning);
  • "Sale": this is a Private Sale and/or Public Sale;
  • "VAT": means value added tax or any other applicable tax on the Sale or supply of goods and services;
  • "Website": this is the website http://www.DSAuctions.eu.
A word in the singular form includes the plural and vice versa and a gender includes all genders unless the context requires otherwise.

Article 2 - Scope

The applicable Auction Conditions shall control the relation between the Clients on one hand and DSAuctions and Sub Websites on the other when the Website is used.

The Auction Conditions and Particular Conditions solely control the relation between the Client and DSAuctions and Sub Websites. In case of any conflict between the Auction Conditions and Particular Conditions, the Particular Conditions shall prevail. The Client has accepted by means of Registration the Auction Conditions each time Client logs-in with or without the intention to place a Bid.

Article 3 - Agreement

Parties come to an Agreement by means of Registration which provides Client the possibility to participate at a Sale. The Agreement is a personal contract and therefore is not susceptible to any assignment and/or transfer, nor susceptible for seizure, the establishment of a privilege, mortgage or any other form of certainty.

Personal Details shall have to be communicated to DSAuctions and Sub Websites upon Registration. DSAuctions and Sub Websites will respect Clients privacy. The collection of information via the Website and the use of this information shall be in accordance with the Belgian Law of the 8th of December 1992 regarding the protection of privacy ("bescherming van de persoonlijke levenssfeer"). DSAuctions and Sub Websites shall use the presented Personal Details to provide Client for example a confirmation e-mail, or to provide Client with the requested information, data. At the same time the Personal Details can be used by DSAuctions and Sub Websites for marketing purposes and for its management. DSAuctions and Sub Websites shall not sell the Personal Details to third parties. Client is allowed to look at his Personal Details and if to modify, if necessary.

Beside the communication of Personal Details upon Registration a username and password shall have to be chosen and produced. Aforementioned username and password shall provide Client access to its Personal Details and Website as a result of which Client can participate at a Sale.
Client guarantees the completeness and correctness of the by Registration provided Personal Details. When the Personal Details of Client changes, Client shall modify them by using the Website. DSAuctions and sub Websites are entitled to use the last communicated Personal Details.

DSAuctions and Sub Websites are entitled to refuse the Registration single-handed when DSAuctions and Sub Websites are of the judgment that the chosen username and/or password can be considered as offending, discriminating and/or racist or any other reason DSAuctions and Sub Websites considers applicable. At the same time DSAuctions and sub Websites are entitled to, single-handed, refuse access to or further access to her Website when a Client is not behaving properly or act or refuses to act as a result of which DSAuctions and Sub Websites, Customer and/or other Clients, direct or indirect, suffer any damage.

Article 4 - Lot Auction

Participation at a Lot Auction is subject to Registration. DSAuctions, sub Websites and/or Customer shall attempt to describe the Lots, such as described in a Folder and/or Website, as accurate and clearly as possible. DSAuctions, sub Websites and/or Customer cannot be held responsible for an inaccurate or incomplete description of a Lot or any other possible damage.
A Lot shall be sold in an "as is" state on the moment of presentation. It is considered that the Buyer has inspected the Lot properly. Any Lot shall be sold without any warranty or guarantee, unless stipulated otherwise in the Particular Conditions and/or Folder and/or Website.

When a Client has emitted the highest Bid he shall be considered as the Buyer. The Buyer shall be informed about his highest Bid via e-mail. Each Bid of a Client shall be irrevocable, unconditional and without any reservation, even when his Bid shall be exceeded. Each Bid shall remain valid until DSAuctions, sub Websites have received payment of the Buyer. DSAuctions, Sub Websites and/or Customer are allowed to refuse the highest Bid, without providing any reason, whereby the second highest Bid shall be considered as the highest Bid. If an argument, for any reason whatsoever, arises concerning the highest Bid DSAuctions, Sub Websites and/or Customer shall decide without the possibility to object. On the basis of its opinion and conviction DSAuctions, sub Websites, can allow a suppression of the Bidding when a Client has emitted a erroneous Bid, such as for example a Bidding on an erroneous Lot, and DSAuctions, sub Websites can remove the Bid from the Website, if necessary.

At any time, even during a Sale, DSAuctions, Sub Websites and/or Customer shall have the possibility, without providing any reason, to establish a minimum Bid; cancel, suspend, extend or adjourn, completely or partially, a Private Sale, to combine Lots or to split them up or to make an act that in the opinion of DSAuctions, sub Websites, are necessary. All of this shall not provide Client any right to claim any damage. If no minimum Bid has been communicated, the Sale of the Lot shall be made by emitting higher Bids, being the system of "higher Bidding". The Sale shall start from the minimum Bid when a minimum Bid has been communicated.

Each Buyer is considered to buy for himself and is severally responsible.

At a pre-determinated date or by lack of this by single-handed acting from DSAuctions, Sub Websites and/or Customer, a definitive allocation shall be made to the highest Bidding Client. As of the definitive allocation of one or more Lots, these Lots shall be under the sole responsibility of the Buyer. After definitive allocation DSAuctions, sub Websites and/or Customer cannot be held responsible for any theft, vandalism, fire, storm, water damage or any other possible damage.

A viewing of a Lot has to take place during normal business hours and/or special viewing days at the offices of DSAuctions, sub Websites and/or any other place as stipulated on the Website and/or Folder and/or Specific Conditions. A Client has to respect the instructions given by DSAuctions, Sub Websites and/or Customer when he enters the buildings and/or areas where a Lot is situated. The entering of buildings and/or areas shall be done at own responsibility and risk. DSAuctions, sub Websites and/or Customer shall not accept any liability regarding physical, psychiatrical or any other damage whatsoever.

Article 5 - Group Auction

The provisions as stated in article 4 of the Auction Conditions are applicable integrally at a Group Auction. In case of any discrepancy between the provision of article 4 and 5 of the Auction Conditions, the provisions of article 5 of the Auction Conditions shall be applicable at a Group Auction. To participate at a Group Auction a Registration is required.

Each Public Sale shall be organized, prepared and executed under the responsibility of DSAuctionsand/or Sub Website. DSAuctions and/or Sub Website reserves himself the right to cancel, suspend, extend or to adjourn, completely or partially, a Public Sale, to combine Lots or to split them up or to make an act that in the opinion of DSAuctions, sub Website, is necessary. All of this shall not provide Client any right to claim any damage.

A numbering and/or marking of a Lot will be necessary in order to buy a Lot via a Group Acution. A Lot shall not be part of a Group Auction when a numbering and/or marking is absent.

Article 6 -Payments

Cfr. Article 1 - Payments Specific Conditions

Article 7 - Collection/Delivery

Cfr. Article 2 - Collection/ Delivery Special Conditions

Article 8 - Solvency

DSAuctions, sub Websites and/or Customer are allowed to contact Clients and to request them to demonstrate their solvency or in case of a Sale to ask them to transfer an amount as a security deposit. If a Client refuses such a request and/or deposit, DSAuctions, Sub Websites and/or Customer shall be entitled to exclude them of a Sale.
DSAuctions, Sub Websites and/or Customer shall not pay any interest on a security deposit and/or warranty which was transferred to DSAuctions, subwebsites and/or Customer.

Article 9 - Non Online Registration at a Public Sale

Cfr. Article 3 - Non Online Registration at a Public Sale, Specific Conditions

Article 10 - Liability

DSAuctions and/or Sub Websites cannot be held responsible for any damage whatsoever, direct and/or indirect, which results from the usage of its Website, except in those cases that the damage is intentional.

Via Registration a Client declares and accepts that he agrees with the technical insufficiencies, amongst which, but not limited to, the complete or partial impossibility to access the Website, not able to Bid or lack of announcement of the most recent Bid on the Website due to a software or other problem and agree with the specific circumstances involved with a Sale via the Website.

DSAuctions and/or Sub Websites cannot be held responsible for any loss of data, damage, direct or indirect, unlawful access to data, direct or indirect, or the distribution of viruses or any other unlawful programmes or any other consequence that can occur from the usage of the Website.

DSAuctions and/or Sub Websites and/or Customer cannot be held responsible for any damage, direct or indirect, resulting from the indistinct, incomplete or improper information concerning a Lot on the Website and/or Folder. All information on the Website and/or Folder is provided without any guarantee, warranty or responsibility. Improperly information shall not lead to the annulment or dissolution of a Bid/Sale.

The possible mobilization of and/or reference to a third party through web links or other cannot lead to any liability of DSAuctions and/or Sub Websites and/or Customer.

The liability of DSAuctions and/or Sub Websites shall be restricted to the amount whereto the insurance of DSAuctions and/or Sub Websites entitles to, increased with the amount the insured is liable to pay or limited to the invoice amount for repair, damage, the lowest amount shall be applicable. DSAuctions and/or Sub Websites cannot rely on this restriction in case of negligence and/or intentional.

Article 11 -Confidentiality

Any information communicated by one party and which is considered and indicated as confidential, shall only be used for the purposes of which the information was provided. This information shall only be communicated to employees or advisors under the same level of confidentiality.

The obligation concerning confidential information shall not be applicable regarding information that is or enters the public domain, which is already in the lawful possession of a party prior to its obtaining from the other party, that is compound by itself, which is developed by the receiver of the information, or which has to be disclosed due to a court order or law.

Article 12 - General Provisions

A Client shall be esteemed to have chosen his domicile at the offices of DSAuctions and/or Sub Websites, as stated on the Website, for everything that relates to a Sale.

In case of any discrepancy, obscurity or contradiction between the Auction Conditions and/or Particular Conditions written in another language and the Auction Conditions and/or Particular Conditions in the Dutch language, the latter shall prevail.

Any change in and to the Auction Conditions and/or Particular Conditions shall be sent by DSAuctions and/or Sub Websites to a Client by e-mail and/or ordinary letter and these Auction Condition shall be deemed accepted by the Client unless he explicitly appeals against these changes within the one (1) business day after the mailing by e-mail or within three (3) business days after an ordinary letter. Further access to the Website shall be denied to a Client when that Client appeals against changes made to the Auction Conditions and/or Particular Conditions.

Client cannot transfer nor the Agreement, nor any rights and/or obligations rising from this Agreement, to any third party.

All prior engagements, orally or in writing, shall be withdrawn and replaced by these Auction Conditions and/or Particular Conditions.

Invalidity or unenforceability of any provision of these Auction Conditions and/or Particular Conditions shall not affect the validity of the Auction Conditions and/or Particular Conditions in general. The invalid provision shall be replaced by another provision that reflects the purpose of the invalid provision.

Article 13 - Applicable Law and Jurisdiction

The courts of Antwerp shall be solely competent to examine all arguments concerning the interpretation and/or execution of these Auction Conditions and/or Particular Conditions. These Auction Conditions and/or Particular Conditions are subject to Belgian Law.