Last updated on 27.06.2023
The General Terms and Conditions of Sale apply to the relationship between buyers respectively users on the one hand and PRO+ AUCTIONS on the other hand when participating in auctions.
2.1 PRO+ AUCTIONS reserves the right to cancel, discontinue or extend an auction earlier than stated on the website.
2.2 In the event of a technical malfunction of the website, as a result of which the website is not fully and/or not accessible to all users, PRO+ AUCTIONS shall be entitled to extend the auction by 24 hours, plus the duration of the malfunction.
2.3 By registering, the user declares that he/she is aware of and agrees with the special circumstances of an Internet auction and with the technical imperfections that may occur in this respect. PRO+ AUCTIONS hereby excludes all liability for any
damage whatsoever, whether direct or indirect, arising in any way whatsoever, including but not limited to damage arising from the use of the website, unless intent or wilful recklessness on the part of PRO+ AUCTIONS.
More in particular, PRO+ AUCTIONS will in no event accept liability for any loss or damage whatsoever caused by and/or resulting from
- actions performed by the user, which were allegedly prompted by information placed on the website;
- the inability to use the website (in full) and/or any other malfunction of the website, the underlying system, the internet, or any other external malfunction;
- the failure of the batches to meet the specifications as stated on the website, partly in view of the purchaser's duty of investigation and with due observance of the other applicable provisions stated below;
- the fact that the information on the website is incorrect, incomplete or not up to date;
- errors in the software of the website and/or the underlying system;
- the unlawful use of systems, including the website of PRO+ AUCTIONS, by a third party;
- acts of the seller after the user has concluded a purchase agreement with it.
3.1 The organisation, preparation, execution and settlement of the auction are the responsibility of PRO+ AUCTIONS.
3.2 PRO+ AUCTIONS and, as the case may be, the seller reserve the right to refuse a bid from a potential buyer if the latter is unable to provide a guarantee, in the absence of a serious bid, in the event of an evident error on the part of the seller or PRO+ AUCTIONS, or in the event of a breach of the conditions.
3.3 PRO+ AUCTIONS is authorised before or during the sale, without giving reasons:
- not to recognise a bid as such;
- to exclude one or more users from the sale;
- to combine items into lots, to split lots and to withdraw lots from the sale;
- to rectify mistakes made by PRO+ AUCTIONS in bids and/or allocations, without any user being able to rely on these mistakes and/or to derive any rights therefrom;
- to take any other measures that, in its opinion, are necessary.
3.4 The seller may at any time, if necessary and regardless of the bid being allocated to the potential buyer, contact the buyer and request them to demonstrate their solvency. The seller may also request a deposit of up to 50% of the purchase price for the period of auction. If the bid is not awarded to the buyer, the deposit will be refunded without any compensation or interest for the period of the deposit set.
3.5 PRO+ AUCTIONS is entitled to add lots from another bidder to a sale.
3.6 In the event of a dispute regarding a bid, PRO+ AUCTIONS has the final and final decision. The opinion of PRO+ AUCTIONS regarding what has taken place during the sale is binding.
4.1.1 PRO+ AUCTIONS will endeavour to provide you with accurate details regarding the lots being auctioned. However, they are still the property of the seller so minor errors may occur.
4.1.2 Users can bid for one or more lots on the website. Each bid is legally binding on you and/or your company. This bid is unconditional, irrevocable and without any reservation.
4.1.3 After the auction, your bid will remain valid for 48 hours, during which time the seller may decide to accept your bid.
4.1.4. Bids can only be made online after logging in to the platform and selecting the desired auction and lot.
4.1.5. Bids are made excluding mark-up and applicable taxes.
4.1.6 If several users declare to bid or have bid jointly, they shall be jointly and severally, indivisibly and jointly and severally liable for the resulting obligations.
4.1.7 PRO+ AUCTIONS will determine whether a mistake was made when making a bid such that it cannot be considered realistic, so that the bidder cannot be held to his/her bid. No right can be derived from this decision by anyone.
4.1.8 PRO+ AUCTIONS may verify the identity of users of the platform to ensure the authenticity of a bid. The treatment of this data will be complied with in accordance with the privacy terms and conditions. These conditions can be easily found on the website and will be notified upon creation of an account on the platform.
4.2.1 The online auction takes place by bidding.
4.2.2 Bids can be made in the form of a "static bid" or an "autobid". In the case of a static bid, the user makes a bid in the form of a fixed amount per lot. The bidder is in a position to make an auto-bid. An auto-bid assumes the maximum amount the bidder is willing to pay for a particular lot. This amount is always kept secret from third parties. The system will automatically make the lowest possible bid to outbid third-party bids. This will be held up to the maximum set by the bidder.
An autobid can only be disabled by the user in the interim by placing a
static bid that is the highest bid at that time. In case of equal bids between an autobid and a static bid, the autobid prevails.
4.2.3 PRO+ AUCTIONS will organise the auction and the private sale.
4.2.4 For each lot in the auction, it will be clearly indicated when the auction closes. When the auction closes, bidding for all lots will stop at a predetermined time indicated with the relevant lot. However, as long as bids are still received, the bidding process will be extended by 5 minutes until bidding stops.
4.2.5 If a lot is also sold together with one or more other lots as a combination, this will be indicated on the individual lot page on the website. In this case, bids can only be placed on the individual lots of the combination and, after all individual lots have closed, on the combined lot. Individual lots will be allocated only if the total amount of the highest allocable bids on the individual lots exceeds the highest allocable bid on the combination. The combination will be allotted only if the highest allotable bid on the combination exceeds the total amount of the highest allotable bids on the individual lots.
4.2.6 PRO+ AUCTIONS may at any time introduce a minimum bid, stop the sale, merge, split, re-offer or withhold lots.
4.3.1 Lots will be allocated in accordance with the auction process.
If necessary, PRO+ AUCTIONS retains the right to refuse a bid by a potential buyer if the latter is unable to present a guarantee, in the absence of a serious bid, in the event of an evident error by the seller or PRO+ AUCTIONS or in the event of a breach of the conditions
The auction will take place by way of provisional allocation, final allocation or final allocation with minimum price.
4.3.2 In the case of auctions under provisional allotment, the highest bid will be accepted and the lot will be allocated only after agreement by the seller, who may still withhold the lot.
In auctions under final allotment, the lots will be automatically allotted to the highest bidder.
4.3.3 In the case of auctions under final allotment with minimum price, the lots will be allocated only if the highest bidder exceeds the communicated minimum price. If this minimum price has not been achieved, the lots will be treated as lots with provisional allotment. If the auction under final allotment with minimum price and/or under provisional allotment does not result in an allotment of the lots, a private sale may still take place after the auction has closed. In such private sale after auction, PRO+ AUCTIONS shall, after agreement of the buyer, increase the highest bid to the newly agreed purchase price.
4.3.4 The purchase agreement is established by allocation. Allocation will generally take place to the user who has made the highest bid. However, by application of the general or special conditions of allocation or included in the Specific Terms and Conditions of Sale or for other reasons at the discretion of PRO+ AUCTIONS, allocation may instead be made to another user who has made the highest bid. Other reasons shall include, inter alia, inability to properly dismantle or transport the purchased item, failure to comply with payment obligations, failure to provide requested security, terms and conditions of loading, and so on....
4.3.5 Within 48 hours of the close of the sale (not counting Saturdays, Sundays and public holidays), the buyer will receive confirmation by e-mail on behalf of the seller(s) that the purchase agreement has been concluded. If an authorisation from the seller, judicial or otherwise, is required, the e-mail will state so, so that the award is final only after it has been granted. If the user does not receive an e-mail within the said period, it means that his bid has not been awarded. PRO+ AUCTIONS has the right not to award or to award under suspensive conditions.
4.3.6 Depending on the lot offered, PRO+ AUCTIONS is a party to the purchase agreement, but in all other cases it merely mediates in the creation of purchase agreements. If there is a judicial (forced) sale, this will be stated in the Specific Terms and Conditions of Sale or on the sales page of the website.
4.4.1 By pressing the 'Bid now' button you confirm the bid. You will receive an e-mail as official confirmation.
4.4.2 The official reference for each lot submitted and sold on PRO+ AUCTIONS is the auction number. You must include this number in all communications, payments, etc. This e-mail is also stored in your online account under "Your transactions".
4.4.3 PRO+ AUCTIONS will send you an invoice shortly after confirmation of the purchase with which you can make full payment.
4.5.1 Full payment for the lot including the associated costs as listed on the pro forma invoice, must be finally and irrevocably received in the specified bank account of PRO+ AUCTIONS within 48 hours from the date of sending the pro forma.
4.5.2 If your full payment is not in our account within 3 working days after we have sent you a second and final request for payment, we reserve the right to cancel the sale and charge you for the resulting costs, buyer's fee, sales losses and additional service charges of actual costs. In the event of late payment of the purchase price, the purchaser will be charged 15% of the purchase price, being a fixed amount for collection costs and/or extrajudicial costs by PRO+ AUCTIONS, increased by the interest rate applicable under the law on late payment in commercial matters and in the case of consumers, being the statutory interest rate increased by 3% on the amount still due, calculated from the day on which payment should have been made at the latest until the day of effective payment. PRO+ AUCTIONS retains the right to rescind.
4.5.3 If PRO+ AUCTIONS is required to make a payment and fails to make it, the purchaser will be entitled to claim the same as in the aforementioned article, depending on its capacity.
4.5.4 Payments will first be charged to expenses, then to accrued interest and finally to the purchase price.
4.5.4 The buyer must always have paid prior to taking possession of the goods. As far as necessary, the retention of title shall apply until full payment. As long as the Buyer has outstanding debts to PRO+ AUCTIONS, any delivery of purchased goods may be suspended until full payment.
4.5.5 Payment is only possible via bank and from the company's official bank account in the Buyer's country. Cash payment is not possible.
4.5.6 It is not permitted to set off payments for purchased lottery tickets against outstanding claims with PRO+ AUCTIONS. Any incomplete payment will be considered invalid and will result in cancellation of the sale.
4.5.7 Buyers from outside the EU will, at the request of PRO+ AUCTIONS, deposit a deposit equal to the amount of VAT due.
4.6.1 Payment must be made in euros or in any other currency specified by PRO+ AUCTIONS.
All costs incurred to make payment in the correct currency shall be borne in full by the purchaser.
4.6.2 All amounts and bids for the auction are exclusive of VAT 21.0%. Buyers abroad can purchase lots without VAT liability provided they can provide proof of valid VAT registration for Europe. Local VAT must be paid in the destination country.
There are legal exceptions to the 21.0% VAT. These are always listed with the lot.
4.7.1 Buyers pay a commission on top of their accepted bid. The commission depends on the purchase price of the lot and is shown in the auction.
5.1 To allow the buyer to reach an informed transaction decision, PRO+ AUCTIONS or the seller will provide a viewing opportunity for all lots. For each sale, the buyer will be given the opportunity to examine the items to be purchased prior to and, if necessary, during the bidding on the viewing day. This viewing day will be indicated on the website, stating place, day and time. The Buyer may, under the supervision of PRO+ AUCTIONS , the seller or appointed third parties, view the goods, examine them, check their operation, as well as the conformity and completeness of the information on the website. The purchaser who waives this inspection does so entirely at his own risk and releases PRO+ AUCTIONS from any liability regarding the information provided on the website.
5.2 Descriptions of the goods and all information provided by or on behalf of PRO+ AUCTIONS are made to the best of one's ability and are intended as indications only, subject to the purchaser's own duty of investigation. PRO+ AUCTIONS or the seller do not guarantee their accuracy. If PRO+ AUCTIONS shows or provides a photograph, sample, model or example, this shall be for illustration purposes only. The qualities of the goods to be delivered may deviate from the photograph, sample, model or example. Buyers cannot derive any claims or rights from said descriptions, samples, models, examples and other information.
5.3 PRO+ AUCTIONS shall be entitled to correct inaccuracies in oral and written statements made by or on behalf of PRO+ AUCTIONS and errors made (whether or not during a sale), without buyers being able to derive any rights therefrom. If the correction may affect the bid, any bids made prior to the correction will be void. PRO+ AUCTIONS is not liable for any inaccuracies or omissions in the description of the goods. The purchaser does not have the right to withdraw an offer or to dissolve the purchase agreement if it turns out that the item does not comply with its description.
5.4 The buyer - or the carrier engaged by him - is obliged to properly examine the purchased items upon receipt. By signing the receipt of the lot(s), the buyer or the carrier explicitly accepts the items in their capacity, quantity and quality.
5.5 Additional information can be obtained on site upon request. The buyers are deemed to have carefully inspected the lots and thus to know and accept the visible and/or communicated defects. Buyers have an obligation to inspect in this respect. Failure to do so shall occur at their own risk, without giving rise to liability on the part of PRO+ AUCTIONS and the seller.
5.6 Professional buyers shall always purchase the goods in the condition in which they are found, irrespective of visible or invisible defects.
6.1 Those entering buildings and/or premises on viewing days or on the day of purchase do so entirely at their own risk. They are required to follow the instructions given by the client, PRO+ AUCTIONS and/or third parties engaged by PRO+ AUCTIONS in order to ensure the safety of all persons present.
6.2 The client/seller and PRO+ AUCTIONS accept no liability for damage resulting from entering the said buildings and grounds. Should PRO+ AUCTIONS still be held liable, the compensation for damages shall not exceed the amount for which it is insured, or should have been insured.
7.1 If and as soon as the purchaser has fulfilled all his/her payment obligations, the purchaser will be able to collect the lot(s) concerned, on presentation of proper identification, at the times and location stipulated by PRO+ AUCTIONS. The purchaser is obliged to collect the lot(s) no later than on the date stated in the Specific Terms and Conditions of the Auction. PRO+ AUCTIONS may determine that certain lot(s) can only be collected after other lots have been taken.
7.2 The purchaser is responsible for taking delivery of the purchased goods correctly and on time. PRO+ AUCTIONS shall be responsible for organising and coordinating the time of taking delivery of the items sold by the seller.
7.3 If the purchaser refuses to take delivery or is negligent in providing the information or instructions necessary for taking delivery, or has paid the purchase price, but fails to collect the purchased items at the time and place set by PRO+ AUCTIONS, PRO+ AUCTIONS will be entitled to take the purchased item(s) into storage at the purchaser's risk for a period of up to 1 month, or as much earlier as notified to the purchaser in writing by PRO+ AUCTIONS. If the purchaser comes to collect the goods within the aforementioned period, the purchaser must first have paid the administrative, storage and insurance costs incurred, subject to a minimum of € 350.
7.4 After the abovementioned period of 1 month, or after the shortened period communicated by PRO+ AUCTIONS, the purchaser will be deemed to have waived the right of ownership of the goods, and PRO+ AUCTIONS will be entitled, by operation of law and without further notice of default, to reassign the goods. This article is without prejudice to the fact that PRO+ AUCTIONS may at all times claim performance of the purchase agreement and will be entitled, in the event that the purchaser is in default by operation of law - by failing to comply with any obligation under the purchase agreement - to claim full compensation.
7.5 It is the responsibility of the buyer to ensure that all requirements, of whatever nature, with regard to the export of goods in an EU or other country are met. This means, inter alia, that the buyer must comply with the laws and regulations of the relevant country regarding the payment of taxes and duties and required documentation and, if necessary, obtain the required approval.
7.6 If the goods are to be transported, it is the client or the purchaser respectively who must be included on the underlying transport documents or customs documents as sender or consignee of the goods and not PRO+ AUCTIONS.
7.7 The transfer of ownership and risk of the lot(s) has taken place by assignment. From then on, PRO+ AUCTIONS or the Vendor shall only be bound by the obligations of custodian. For example, PRO+ AUCTIONS or the Seller shall no longer be liable in the event of force majeure, such as fire natural disasters, theft with adequate security, etc., and shall not be obliged to insure against these risks. Actual delivery takes place by taking delivery. Taking delivery consists of making the purchased goods available to the purchaser - at a time or times set by PRO+ AUCTIONS -
7.8 If, within the framework of acceptance, it is necessary to dismantle the purchased items, the purchaser shall ensure that this is done in a professional manner, at its own expense and risk. The purchaser shall only be entitled to dismantle items attached to goods not purchased by the purchaser after obtaining the explicit written consent of PRO+ AUCTIONS and/or the seller at
. The purchaser is liable for any damage caused during or in the context of taking delivery of the purchased items and shall indemnify PRO+ AUCTIONS and/or the vendor against third-party claims in this respect.
7.9 The purchaser will require the explicit consent of PRO+ AUCTIONS and/or the seller for the use of its own machine(s) for the purpose of moving and/or loading a consignment. The purchaser is aware of the relevant laws and regulations and has valid liability insurance for the forklift truck. The buyer is at all times responsible and liable for the safe use of the forklift truck on sales premises.
7.10 If it appears that a lot cannot be delivered due to third-party claims or due to the fact that taking delivery might cause unacceptable damage to the buildings or land in which the lot is located or might otherwise prove to be very difficult, PRO+ AUCTIONS shall be entitled to dissolve the purchase agreement. Such cancellation will be effected by e-mail and/or registered letter sent to the purchaser at the address given by the purchaser, after which PRO+ AUCTIONS and/or the seller will be under no further obligation than the reimbursement of the amounts already paid by the purchaser to PRO+ AUCTIONS in respect of the purchase of the lot(s).
7.11 A purchaser whose lot(s) hinder(s) the collection of other lot(s) shall be obliged to arrange for collection of the lot(s) immediately after notification by PRO+ AUCTIONS by e-mail and/or by notification sent to the address provided by the purchaser, failing which PRO+ AUCTIONS will be entitled to arrange for such collection and possible storage by third parties at the expense and risk of the purchaser.
7.12 PRO+ AUCTIONS will not be responsible for the removal of waste. The purchaser is responsible for this, unless PRO+ AUCTIONS is expressly instructed to remove/dispose of it at the purchaser's expense. PRO+ AUCTIONS will inform the purchaser and notify him of the presence of waste as soon as he is confronted with it during the performance of the agreement.
7.13 The seller and/or PRO+ AUCTIONS has assessed and valued damage. This may differ from standards in other countries or with other sellers.
7.2.1 On delivery or collection, please check that all documents are present. These are listed, exhaustively, in the description of the lot.
7.2.2 The sale price includes the documents listed.
7.2.3 Any defect in documents not mentioned are at the expense and cost of the bidder/purchaser.
8.1 PRO+ AUCTIONS and the buyer agree that personal data, software applications and/or company data of the seller or a third party that may be located on or in a lot do not form part of the purchase agreement.
8.2 The buyer is obliged, if and insofar as, following an auction, personal and/or company data are found to be contained in a lot, to inform PRO+ AUCTIONS forthwith and, if applicable, to cooperate unconditionally at the seller's first request in the collection of such personal and/or company data or in the destruction thereof.
8.3 Notwithstanding the aforementioned obligations, the purchaser will observe confidentiality with respect to this data and the purchaser will not be permitted to process or use such data in any manner whatsoever or to provide them or allow them to be provided to third parties or to allow them to inspect them.
9.1 If the buyer does not comply with any obligation under the purchase agreement, including (but not limited to):
- failure to pay the purchase price on time or in full failure to pay the purchase price on time or in full;
- failure to collect the lot(s) on time and/or
- failure to provide the information or documentation necessary for the purchase, the purchaser will be in default by operation of law and the seller will be entitled to dissolve the agreement with the purchaser by means of a written statement, without being liable to pay any compensation or indemnification to the purchaser
and/or to sell the purchased goods forthwith to one or more third parties, without prejudice to PRO+ AUCTIONS' and/or the seller's right to claim (additional) damages.
9.2 The above shall also apply if, after the purchase agreement has been concluded, circumstances come to the attention of PRO+ AUCTIONS or the seller which give the seller and/or PRO+ AUCTIONS good reason to fear that the purchaser will not comply with its obligations, such as in the event of
- of bankruptcy, suspension, insolvency or cessation of payment of the purchaser;
- if PRO+ AUCTIONS has asked the purchaser to provide security for performance and such security is not provided or is insufficient;
- if the purchaser is otherwise in default and fails to comply with its obligations under the purchase agreement.
9.3 The buyer shall be obliged to compensate all damage, both on the part of the seller and on the part of PRO+ AUCTIONS, caused by his default or error. In the event of dissolution, the purchaser will not acquire a claim to the surcharge, insofar as the purchaser has already paid PRO+ AUCTIONS for this.
9.4 If circumstances should occur regarding persons and/or material used or habitually used by PRO+ AUCTIONS in the performance of the purchase agreement, which are of such a nature that the performance of the purchase agreement becomes impossible or so difficult and/or disproportionately expensive that compliance with the purchase agreement can no longer reasonably be required, the seller and/or PRO+ AUCTIONS will be authorised to dissolve the purchase agreement, without being liable to pay the purchaser any compensation or damages.
9.5 After transfer of ownership of the purchased goods to the buyer, the buyer can no longer claim rescission or annulment of the purchase agreement. If a third party has an interest in the careful removal of all or part of the property and such removal, in PRO+ AUCTIONS' opinion, would endanger the building or cause permanent damage or for any other reason, the seller and, PRO+ AUCTIONS on behalf of the seller, will be entitled to rescind the purchase agreement by operation of law by means of written confirmation by e-mail or registered letter, without being obliged to pay any compensation. In that case, PRO+ AUCTIONS and the seller will not be obliged to do more towards the buyer than repaying the purchase price received by PRO+ AUCTIONS and - insofar as PRO+ AUCTIONS has sent the buyer an invoice in that respect - crediting the buyer by sending a credit note.
9.6 If, prior to the delivery and/or taking delivery of the goods, circumstances should occur that render delivery and/or taking delivery of the goods impossible as a result of force majeure on the part of the seller or PRO+ AUCTIONS, for example due to fire, theft or damage as a result of force majeure, the seller and PRO+ AUCTIONS, on behalf of the seller, will be entitled to dissolve the purchase agreement by operation of law by means of written confirmation by e-mail or by registered letter, without being obliged to pay any compensation.
In that case, PRO+ AUCTIONS and the seller shall not be obliged to do more towards the purchaser than repaying the purchase price received by PRO+ AUCTIONS and - to the extent that an invoice has been sent by PRO+ AUCTIONS to the purchaser - crediting the purchaser by sending a credit note.
9.7 In the event of dissolution, the purchaser in default shall owe PRO+ AUCTIONS, in addition to the surcharge, a fixed amount of 25% of the purchase price to cover administrative, storage, insurance and transport costs, etc., without prejudice to the right of PRO+ AUCTIONS and/or the seller to claim full compensation.
9.8 In the event of dissolution, without valid reason, the seller or through fault of PRO+ AUCTIONS, PRO+ AUCTIONS shall be liable to pay the same compensation as stated above.
10.1 PRO+ AUCTIONS and/or the seller shall provide no guarantees of any kind whatsoever in respect of the lots and any third-party claims thereon, except for those imposed by mandatory law and public policy on the relevant category to which the purchaser belongs, as is the case for consumers. The Buyer waives all rights that do not accrue to him by virtue of mandatory law and public policy. The Buyer is aware of the provisions of articles 1648 & 1649 quater B.C. which are fully applicable, regarding the short period of reporting defects, which is two months.
10.2 Pipes, cables and / or other connections for energy, control or production, which are located on / in a lot shall, unless expressly stated otherwise in the Specific Terms and Conditions of Sale, only be sold up to the first shut-off, fitting or applied mark. Underground or
masonry connections never belong to the lot, unless expressly stated otherwise in the Specific Terms and Conditions of Sale.
10.3 The lots will be sold on a footloose basis in the condition they are in on the date of allotment with all associated joys and burdens.
10.4 PRO+ AUCTIONS and/or the seller do not give any indemnification whatsoever for visible or hidden defects or warranties in connection with completeness, required documentation, numbers, operation, usability, saleability, the existence or non-existence of rights or claims of third parties and/or the possibility of transfer to third parties.
10.5 Defects, of whatever nature, disappointed expectations of purchaser and/or acquiring third parties shall not give any right to (damage) compensation and/or set-off. The buyer shall be deemed to have carefully examined the lot purchased by him in advance.
10.6 If, after the conclusion of the sale, third parties assert rights with regard to a specific lot, irrespective of their nature (including but not limited to intellectual rights, security rights, etc.), and it appears that the sale was concluded in disregard of the rights of this third party, the buyer, at the discretion of PRO+ AUCTIONS or the Seller, shall be obliged to deliver the lot to the aforementioned third party on first request or to enter into similar arrangements with the said third party in order to neutralise the established infringement.
10.7 If the lot has to be returned to the third party in accordance with the previous paragraph, or if normal use of the lot is no longer possible as a result of an arrangement made with the third party to neutralise the infringement, the Buyer may unilaterally and extrajudicially dissolve the sale by means of a registered letter to that effect, accompanied by the necessary documentary evidence, after which he/she will be entitled to full restitution of the price, but without PRO+ AUCTIONS and/or the Seller being required to pay any additional compensation as part of the dissolution.
10.8 If third-party claims on account of intellectual or other property rights, including retention of title, and/or rights of or other equivalent claims by third parties are enforced in respect of the goods, the purchaser
shall be obliged to hold the relevant goods on behalf of said third parties, subject to the obligation to surrender the goods to said third parties at the first request of PRO+ AUCTIONS, or to make other appropriate arrangements with the entitled party. If the items are returned undamaged at the first request of PRO+ AUCTIONS, the purchaser will be entitled to reimbursement of the purchase price paid for the items concerned, and the purchase agreement relating to those items will be deemed to have been dissolved, without PRO+ AUCTIONS and/or the seller being held liable to pay the purchaser any compensation or damages.
10.9 The purchaser shall indemnify PRO+ AUCTIONS against any claims of third parties arising from the purchase agreement concluded between the seller and the purchaser.
11.1 The liability of PRO+ AUCTIONS which, if and insofar as remaining after application of the other conditions contained in these General Terms and Conditions, shall be limited to the amount paid out in the relevant case under PRO+ AUCTIONS' liability insurance.
11.2 In the event that PRO+ AUCTIONS' liability insurance does not provide cover, PRO+ AUCTIONS'
liability shall be limited to a maximum of € 5,000.00.
11.3 PRO+ AUCTIONS shall not be liable for any consequential damage, such as for example - but not exhaustively - damage in the form of loss of profit, or unsaleability of goods.
11.4 PRO+ AUCTIONS and/or the seller give no guarantee to the purchaser with regard to visible or hidden defects or guarantee in connection with completeness, numbers, operation, usability, merchantability, the purpose for which the purchaser has purchased the goods, the existence or non-existence of rights or claims of third parties and/or the possibility of transferring the goods to third parties, etc.
11.5 Defects, of whatever nature, disappointed expectations of the purchaser and/or acquiring third parties shall not entitle the purchaser or other third parties to compensation and/or performance.
11.6 PRO+ AUCTIONS cannot be considered a manufacturer within the meaning of the Dutch Product Liability Act and therefore does not recognise any liability for physical or moral damage caused by the goods sold.
11.7 Notwithstanding anything else in this article, the following shall apply to the liability of PRO+ AUCTIONS and the Seller:
- PRO+ AUCTIONS and/or the Seller shall not be liable for damage to persons or property prior to the conclusion of the purchase agreement that has occurred or has been caused;
- PRO+ AUCTIONS and/or the Seller shall not be liable for damage to, caused by, or in connection with the purchased goods, including the loss of the purchased goods;
- PRO+ AUCTIONS and/or the Seller shall not be liable for visible and non-visible defects of the purchased goods. The purchaser will be required to investigate such defects within the framework of the inspection, and the purchaser is further required to notify PRO+ AUCTIONS in writing immediately upon discovery of any imperfections, defects, deviations, etc. If the purchaser fails to do so, the consequences thereof shall be for the account of the purchaser;
- PRO+ AUCTIONS and/or the seller shall not be liable for non-compliance of the purchased product with European directives, statutory provisions or other laws and regulations,
- PRO+ AUCTIONS and/or the seller are not liable for damage caused by and/or resulting from environmentally harmful or harmful substances in or on the goods purchased;
- PRO+ AUCTIONS and/or the seller are not liable for damage caused in the context of an internet sale as a result of computer failures, including failures and/or malfunctions of hardware and/or software. Therefore, PRO+ AUCTIONS and/or the seller will not be liable for, inter alia, damage if the purchaser is unable to make a bid as a result of computer failures.
- PRO+ AUCTIONS and/or the seller will not be liable for damage caused within the context of an Internet auction as a result of viruses or other unlawful programmes or files that may have been spread via the auction website.
- PRO+ AUCTIONS and / or the seller are not liable for damage resulting from inaccurate, outdated and / or incomplete information whether or not listed on the website of PRO+ AUCTIONS and / or on websites that can be visited by clicking on links to other websites listed on the website of PRO+ AUCTIONS; and PRO+ AUCTIONS cannot guarantee that the seller is actually entitled to dispose of the goods and that they are not encumbered with limited rights, other restrictions or intellectual property rights of third parties.
- PRO+ AUCTIONS shall not be liable for any damage suffered by the purchaser, including any consequential damage, insofar as there is any question of lack of power of disposition of the seller, restricted rights, non-authorisation to alienate, other restrictions and/or intellectual property rights of third parties regarding the goods.
11.8 The limitations of liability of PRO+ AUCTIONS or the seller contained in these terms and conditions shall not apply if damage is due to intent or gross negligence on the part of PRO+ AUCTIONS or the seller or their managers and/or subordinates, or any auxiliary persons engaged by them. PRO+ AUCTIONS will always exercise due care when engaging the services of third parties. However, PRO+ AUCTIONS shall not be liable for any shortcomings of such third parties.
11.9 PRO+ AUCTIONS cannot be held liable due to technical problems during the bidding process.
11.10 Consumer claims must be known to PRO+ AUCTIONS within 48 hours after collection of the lot. Claims must be submitted in writing via email@example.com
11.11 These claims only apply to hidden defects in accordance with the statutory provisions. If the lot arises from the execution of an attachment, bankruptcy or other court sale, the right to make a claim for hidden defects is forfeited.
11.12 All claims will be investigated by PRO+ AUCTIONS before being forwarded to the seller. Normal wear and tear, both technical and visual, is excluded from claims.
11.13 PRO+ AUCTIONS is entitled to refuse a claim if the claim is deemed incorrect or false. In the latter case, there is a chance that PRO+ AUCTIONS or the seller may initiate legal proceedings and you will be immediately excluded from all future auctions.
11.14 In all cases, the buyer will accept differences in value or defects in the lot up to an amount of 10% with a minimum of EUR 500.00. This amount will always be deducted from the claim.
12.1 Cancellation of the purchase does not automatically entitle the buyer to any form of financial compensation. This must first be negotiated with PRO+ AUCTIONS and/or the seller.
12.2 However, if the sale involves a 'distance contract' and the purchaser is a consumer, the purchaser will have a right of withdrawal in respect of the lots allocated to him. The consumer-purchaser has no right of withdrawal when it concerns a public auction (Art. I.8, 36° WER).
Within the meaning of the Consumer Act, the consumer has the right to withdraw from the contract without giving reasons within 14 days of the purchased item coming into his possession. To exercise this right of withdrawal, PRO+ AUCTIONS must be notified by the purchaser of the decision to rescind the agreement by means of a written statement, either by email with acknowledgement of receipt or by registered letter (W.E.R.: Art. VI.51§1).
12.3 The invocation of the right must be stated unambiguously in this letter.
12.4 Without delay, and in any case within 14 days from the day on which he communicates his decision to withdraw from the contract to the company in accordance with Article VI.49, the consumer shall return the goods or hand them over to the company or to a person authorised by the company to receive the goods, unless the company has offered to collect the goods himself. The deadline is met if the consumer returns the goods before the 14-day period has expired.
12.5 This right cannot be exercised if the purchase price has not yet been paid and the lot has not yet been collected. All direct costs for return shall be borne by the buyer.
12.6 The burden of proof lies entirely with the buyer.
12.7 The buyer can also not exercise the right of withdrawal for:
- goods or services whose price is linked to fluctuations in the financial market over which the company has no influence and which may occur outside the withdrawal period;
- goods that spoil quickly or have a limited shelf life;
- sealed goods that are not suitable to be returned for reasons of health protection or hygiene, the seal of which has been broken after delivery;
- goods that after delivery are by their nature irrevocably mixed with other products;
- sealed goods relating to software;
- newspapers, magazines and journals;
- digital content that has not been delivered on a material carrier;
12.8 The buyer cannot assert any rights in auctions intended exclusively for professional buyers (B2B) or in auctions emanating from private sellers (C2C).
12.9 The consumer shall only bear the direct costs of returning the goods, unless the company agrees to bear these costs or the company has failed to inform the consumer that the latter should bear the costs. Upon revocation, the buyer (consumer) will have to deliver the purchased goods, in the same condition, with the original packaging , after confirmed appointment, to the address Rijksweg 203, 3650 Dilsen-Stokkem, against receipt . The refund will always be made by bank transfer, at the latest within 48 hours after the good has been returned. However, if the item has already been used, damaged, in short, is no longer in the same condition, PRO+ AUCTIONS will be entitled to refuse the return.
12.10 If the buyer (consumer) makes use of the right of withdrawal, PRO+ AUCTIONS will in any case charge the Buyer a fee of € 25 per consignment as compensation for direct costs in accordance with Article VI.51 § 1 W.E.R. . The Buyer shall further bear all costs related to the return of the goods.
12.11 If PRO+ AUCTIONS refuses the consumer's offer without valid reasons, it shall owe a fee of €25. These fees are lump sum and apply for final account.
13.1 If your bid was accepted and you fail to pay, you will be required to pay compensation of 10% with a minimum of €250.00, calculated on the accepted bid. You will also be excluded from further participation. PRO+ AUCTIONS reserves the right to take further legal action in this case.
13.2 In the event that the lot is offered again and sold below the offered an accepted price, in addition to the aforementioned compensation, you will be charged the difference between the offered an accepted bid and the price at which the lot was ultimately sold.
13.3 PRO+ AUCTIONS and/or the seller will charge you for all losses on the sale price and additional administrative and handling costs.
14.1 If and insofar as any provision of these General Terms and Conditions of Sale is null and void or annulled, the remaining provisions shall remain in full force and effect. PRO+ AUCTIONS will then lay down a new provision to replace the void / nullified provision, whereby the scope of the void / nullified provision will be taken into consideration as much as possible.
14.2 PRO+ AUCTIONS may declare Specific Terms and Conditions of Sale applicable in addition to these General Terms and Conditions of Sale. Specific Conditions of Sale will be notified prior to the sale. If and insofar as the Specific Terms and Conditions of Sale conflict with the General Terms and Conditions of Sale, the Specific Terms and Conditions of Sale shall prevail.
14.3 Departures from these General Terms and Conditions of Sale are only possible insofar as they have been laid down in writing by an authorised representative of PRO+ AUCTIONS.
14.4 PRO+ AUCTIONS reserves the right to amend these General Conditions of Sale. Amendments shall take effect 24 hours after they have been provided to the user by e-mail. The conditions coming into force shall replace all previous General Terms and Conditions,
unless expressly stated otherwise by PRO+ AUCTIONS.
15.1 By accessing this auction and clicking on the button for acceptance of the terms and conditions, you unconditionally agree to these terms and conditions and declare that you will comply with them in full. Failure to comply may result in legal action by PRO+ AUCTIONS and/or the seller.
15.2 Belgian law applies to these General Terms and Conditions of Sale and the legal relationships that arise in connection with the auction.
15.3 The Dutch text of the General Terms and Conditions of Sale for Buyers is the original text. In case these General Terms and Conditions of Sale are used in several languages, the Dutch text shall therefore prevail in case of ambiguities or contradictions.
15.4 Only the courts of the district of Antwerp, Tongeren division, are competent to decide in disputes arising from these terms and conditions and/or disputes arising from the sale.