Applicable internet bidding conditions
The following conditions apply to the submission of a bid via the internet, with which the Participant declares to agree unconditionally with the agreement of this statement:
- Partly in view of the importance of the proper course of the auction, the Participant undertakes to familiarize himself with the information sources listed below prior to the auction.
- By submitting a bid via the Internet, the Participant confirms that he has duly studied in advance:
- the manual 'Bidding online at the auction';
- the general and any special conditions for the auction;
- the actual condition and condition of the object on which the Participant is bidding, as is apparent from the information provided on an auction site via newspaper and/or internet;
- the information provided/to be provided by the auctioning party before and during the auction about the object to be auctioned. The risk that the Participant has not or insufficiently studied the aforementioned information rests entirely with the Participant, who declares to agree with the content, working methods and instructions.
- Every bid made by the Participant is, just as applies to a bidder in the room, irrevocable and unconditional.
- The judgment of the auctioneer is binding when determining whether a bid in the auction was first made by the Participant (via the Internet) or a bidder from the hall.
- Participant is aware and agrees that the services provided by WeAuction are limited to the technical facilitation of a. following auctions via the internet and b. participating as a bidder in Auctions. WeAuction has and does not take any responsibility for the organization and conduct of the auctions concerned. Responsibility for this rests with the auctioning party and the Auction.
- WeAuction's liability for attributable shortcomings in its services, as well as an unlawful act towards the Participant, is always limited to cases in which there is intent and/or deliberate recklessness on the part of WeAuction, whereby WeAuction also includes its employees and third parties engaged by it. should be understood. Auctions and the auctioning party are never liable for damage suffered as a result of acts and/or omissions of WeAuction. Participant hereby declares that it will not hold these third parties liable, on which stipulation these third parties may invoke against the bidder.
- The amount of compensation owed is always limited to a maximum of € 3,000 per auctioned object and a maximum of € 10,000 per session day, including additional costs and interest.
- If the ground for compensation is actually related to a specific session day, and several parties, including third parties, can claim compensation on the basis of those facts, the sum of a maximum of € 10,000 will be divided among these parties proportionally according to the damage suffered, insofar as these parties have reported their damage in writing within 72 hours after the end of the hearing.
- Any shortcoming related to a session day must be reported in writing within 72 hours after the end of that day, commencing on the next calendar day, upon forfeiture of all rights.
- WeAuction is never liable for damage suffered as a result of: acts and/or omissions by third parties, including the organization of the relevant auction; delay that occurs when using the auction site; failure or the unavailability of the auction site for any other reason. This also includes the unavailability of a specific auction. Such delays or outages can be caused, among other things, by the improper functioning or availability of internet connections, or the improper functioning or availability of (computer) equipment.
- Under no circumstances can compensation be claimed for indirect or consequential damage, including, among other things, loss of profit, lost savings and reputational damage. Nor can compensation be claimed with regard to damage that is (partly) the result of a circumstance in respect of which WeAuction can invoke force majeure.
- Participant indemnifies WeAuction, the Auction and the auction site(s) against any claim from third parties, insofar as such claim is related to Participant's participation in an auction, or information made available for that purpose.
- When the Participant in the Auction proceeds to make a bid via the internet, this bid has the same legal force as making a bid in the hall auction.
- Registering to be able to bid digitally does not entail the obligation to bid at the auction. The Participant retains the option to participate in the auction in the auction room.
- In order to be able to bid digitally at an auction, the Participant may be asked to deposit an internet deposit at the request of the auctioning party. In this case, the participant must comply with the request for security before the participant is approved for participation.
- When submitting a bid via the internet, the Participant declares that he is familiar with the procedure for depositing, securing and releasing the internet deposit and declares to accept the related procedure.
- If for whatever reason the Participant is unable to meet its obligation to purchase the auction object, the damage incurred by the auctioning party will be recovered from the Participant, first of all, but not exclusively, from any internet deposit that has been paid.
- The Participant declares that he or she has a mobile telephone that can be used to receive SMS messages. The participant must be available to the auctioneer, the auctioning party and WeAuction during the auction.
- There are no costs associated with the registration of the Participant.
- The validity of this registration is equal to the period of validity of the Participant's proof of identity used during registration.
- By placing a bid on an auction object via the internet, in the manner described by WeAuction, the Participant also grants power of attorney to each of the employees who are working at the offices of the auctioning party at the time of use of the power of attorney (both jointly individually) to sign the process regarding the auction and the final sale process with regard to the relevant auction object on behalf of the Participant. The authorized representative can, on the basis of this power of attorney, sign the sales process and do what it deems necessary and useful in this regard. The trustee has the power of substitution, so that under his responsibility he can put another in his place.
- WeAuction reserves the right, for any reason, to waive any particular auction at any time through the internet.
- WeAuction reserves the right to amend this registration statement. After amendment, the Participant will be requested to agree to the amended provision. After that consent has been given, the relationship between the parties will be governed by the amended statement. The participant will always have the right to refuse the amended provisions. In that case, WeAuction has the right to immediately discontinue its services to the Participant. From that moment on, the participant will no longer be able to participate (via the internet) in auctions.
- The Auction reserves the right to draw up additional and/or deviating rules.
- If the Participant requires a service that results in an unusual transaction within the meaning of the Wwft, WeAuction, the auctioning party and/or the Auction are obliged to report this to a central reporting point. It is not permitted to inform the Participant of this notification.
Third-party clause for the benefit of the auctioning party
If the Participant is regarded as the highest bidder, WeAuction will retain any internet deposit for the auctioning party, subject to the resolutive condition of payment of the full deposit. The auctioning party can claim the internet deposit from WeAuction for payment of (part of) the costs of the re-auction. The Participant is not entitled to the internet deposit paid by him until after payment to the auctioning party of the full deposit or purchase price. After payment of the full deposit or purchase price to the auctioning party, WeAuction will keep the internet deposit for the Participant until it is refunded.
Statement of availability of personal data
The personal data supplied by the Participant may only be used for the purpose of the registration referred to above, which makes it possible to bid via the Internet. The auctioning party, as well as civil-law notaries involved in an auction, may request and inspect all data made available by the Participant. The aforementioned personal data of the Participant may only be provided to third parties insofar as this is necessary in the context of bidding at the auction. The aforementioned personal data of the Participant may not be sold, rented or otherwise given to third parties. The Participant gives permission for the visibility of his data to all employees of WeAuction, the auctioning party and other parties affiliated with the internet bidding system.