General terms and conditions

GENERAL CONDITIONS FOR VH AUCTIONS ONLINE AUCTIONS


1. To take part in an online auction, the bidder must register in a personal or company name via the WWW.VHAUCTIONS.COM online platform. The bidder/buyer confirms that they are of age. The bidder/buyer confirms that the information provided is correct. When a registration is accepted, each bidder/buyer unconditionally accepts the general sales conditions, acknowledges these conditions and confirms compliance with the conditions with respect to VH AUCTIONS BV, with registered office in Wijnveld 5A, 9240 Zele, with KBO/BCE number 0721.620.018.

2. On registration, the bidder/buyer creates a user name and password of their own choice. The password is private and not known to VH AUCTIONS BV.


3. The registration details provided are known to the bidder/buyer, who is responsible for them. The registration details provided are processed and stored by VH AUCTIONS BV. The bidder/buyer accepts that the registration details provided will be used for invoicing in the event of a sale, for mailing and newsletters, and for the purposes of customer management. The bidder/buyer accepts that the personal/company information will be notified to the principal when processing the auction / for invoicing relating to his bids / purchases / acquisition.

4. The bidder/buyer shall use the website in accordance with the condition of use of the WWW.VHAUCTIONS.COM website. Any damage, misuse, malfunction, or application of virus software/programs shall be adjudged by a court of law in accordance with art. 5 of the general conditions.


5. Any disputes shall fall exclusively within the competence of the courts of the district in which the registered office of VH AUCTONS BV is located. All proceedings shall be applied and executed in accordance with Belgian law. Only the Dutch version of the general sale conditions are valid; VH AUCTIONS BV is not required to provide a translation of the conditions of sale.

6. All goods are purchased as found with all any visible or hidden defects. Bidders/buyers are assumed to have inspected the lots thoroughly. All goods are sold without guarantee, even if the condition, nature, quantity or designation do not conform to the description. Any mileage or running hours of vehicles, years of construction, first registration dates or other technical or commercial specifications are purely indicative and without any guarantee or responsibility on the part of VH AUCTIONS BV. No incorrect information shall give rise to any cancellation or rescission of the sale. All bidders/buyers acknowledge that there is no right or redress.

7. VH AUCTIONS BV, the principals, and the supervising bailiff cannot be held liable, give no warranty, and offer no guarantee in respect of the absence of information, the absence or incompleteness of documents, including registration documents, certificates of conformity, car-pass, test certificates, manuals, certificates, creator, software, origin, the authenticity of goods, weights or other values, the condition of the goods, parts, etc. VH AUCTIONS BV, the principals, and the supervising bailiff cannot be held liable for incomplete goods and machines, or for visible or hidden defects in goods - materials - documents - vehicles, etc. VH AUCTIONS, the principals, the supervising bailiff never attend the car inspection, registration offices or other legally required bodies. Buyers/bidders must make the necessary arrangements themselves. The goods/machines, vehicles, etc. that are offered are new or second-hand. VH AUCTIONS BV, the principal or the supervising bailiff can give no guarantee or warranty in the event of any incorrect statements, descriptions, or photographs. These may give rise to no nullity, dissolution or return of payment.

8. VH AUCTONS BV, its auctioneer, employees or supervising bailiff may check the identity of bidders via external databases and can follow up the accuracy of the information upon registration. The auctioneer, employees or supervisory bailiff may also check the location from which you log in via your IP address. VH AUCTONS BV, its auctioneer, employees or supervising bailiff may at any time exclude any bidder for reasons including the misuse of the website, the submission of false bids, solvency, the artificial driving up of false bids, etc. VH AUCTIONS BV is not obliged to give a reason for exclusion.

9. Auction fees are 17% (unless otherwise stated) of the bid price, known as the premium. The bid price and the premium are subject to VAT, unless otherwise stated. Foreign buyers who have registered with a valid foreign company and a valid foreign VAT number have the option to buy free of VAT. For this purpose, the foreign buyer/bidder must pay via a foreign bank account which is linked to their foreign company. On collection of the goods, the buyer/supplier must submit valid transport document(s) (CMR) clearly stating the pick-up address and the country in accordance with the invoicing details. In event of any divergence, VAT will be charged. Non-taxable EU buyers and buyers from outside the EU (export) must always pay VAT. The VAT paid by buyers from outside the EU (export) shall be repaid after presentation of a valid export document within 14 days of payment.


10. The highest bidder is the purchaser. Any dispute will be adjudicated by the auctioneer or the supervising bailiff. There is no appeal against this decision. The auctioneer may at any time during the auction set a minimum bid, cancel the auction with immediate effect, split lots, combine lots or have lots cancelled, re-offer a lot, refuse bids without giving any reason, withhold lots, exclude bidders from the sale, etc. The auctioneer or the supervising bailiff are under no obligation to justify themselves. If a lot is subject to approval the purchase shall only become definitive if the lot is approved after the end of the auction.

11. VH Auctions BV and the supervising bailiff may cancel an auction or end it earlier or later than expected. The principal, VH Auctions BV and the supervising bailiff are not liable if the website ceases to function for technical reason or due to malfunction (website failure, dysfunctions, lack of internet access, etc.) In this event, the auctioneer or supervising bailiff shall decide to allocate the lots, to extend the auction or to put the lot back up for auction. Claims for damages will not be accepted.

12. Bidders shall remain bound by their bid, even if they are outbid. If the auctioneer decides to refuse the bid from the highest bidder, the highest previous bidder will be the buyer. VH AUCTIONS BV is not obliged to give a reason for exclusion or refusal.

13. Bidders/buyers are assumed to buy on their own behalf and on their own responsibility. Bidders/buyers are also responsible for their user information, including user name and password.

14. VH AUCTIONS BV, its auctioneer or its employees, or the supervising bailiff may contact the bidders during the auction and ask them to immediately demonstrate their solvency and/or to transfer an advance of max 50% of the full purchase price. In the event of refusal to pay an advance and/or in the event of insolvency, the auctioneer may immediately exclude the bidder from the auction and cancel the bid.

15. After the winning bid is determined, the buyers must pay the full amount immediately. The determination of the winning bid for each lot will be confirmed by email after checks on the auction and approval of the principal (email address given on registration). These sums (bid amount, premium, any additional costs and VAT) must be transferred immediately by bank transfer to account number KBC - BE38 7350 5374 6472 stating your customer number which is mentioned on every email sent to you. On full payment, the buyer will receive an invoice on the day of issue. The bidder/purchaser shall only become the owner of the goods after full payment of the purchase price, including the premium and VAT. If payment is not made in time, the auctioneer may decide to put the lot up for auction again or to award it to the second highest bidder.

16. Defaulting bidder: in the event of refusal to pay or in the event of insolvency, the auctioneer or bailiff shall either put the lot back up for auction or award it to the second highest bidder. The defaulting bidder shall be responsible for damages suffered and will not be able to claim any higher price. All costs incurred for putting the unpaid lot back up for auction or the difference to the second highest bid shall be borne by the defaulting buyer.

17. Each bidder/purchaser remains bound by his/her purchase, even if another person is specified as purchaser. Goods that are not collected on the scheduled collection date without written permission from VH AUCTIONS BV will be resold, removed or left on site at the buyer's expense. The sale price including costs, fees and VAT is not refundable. The costs for the removal and possible disposal of these goods will be recovered from the buyer. Claims for damages will not be accepted.

18. Vehicles must also be collected at the scheduled pick-up date and time. If this does not happen, rule 17 shall remain in force. If the vehicle is not picked up on time, parking charges will be levied.

19. From the fall of the hammer, all goods will be stored in the warehouses of VH AUCTIONS BV or in the warehouses of the principal at home or abroad at the expense and risk of the purchaser. VH AUCTIONS BV, the principal (owner), the supervising bailiff and/or guardian are not liable in the event of theft, fire, accident, water damage or any other damage.


20. Where necessary, VH AUCTIONS BV organises viewing days in its warehouses, or on site at home and abroad. On these viewing days, the prospective bidder/purchaser has the opportunity to inspect the goods/machinery, with or without the assistance of an expert. The bidder bidding for one or more lots has knowledge of the condition of the goods and accepts the actual condition of the goods/machines with all visible and possible invisible defects. Even in the event of non-inspection of the goods/machines, a bid made is binding. The bidder/purchaser shall have no right of recourse. A bid made is always binding. Everyone attending viewing and collection days is present at their own risk.


21. The bidder/purchaser must always comply with the imposed viewing and collection dates. During collection, the bidder/purchaser or his/her appointees/authorised persons must comply with the working methods set by VH AUCTIONS BV. Each bidder/purchaser must remove the purchased lots properly (where necessary with professional assistance) at their own expense and risk. The bidder/purchaser must provide their own handling equipment, manpower, etc. that they deem sufficient. On retrieving the goods, the bidder/purchaser must ensure that no damage is caused to buildings, other goods, or the property of third parties. In the event of damage, the buyer will be held responsible and shall compensate the damage suffered. Any welding, flame cutting, grinding, etc. is strictly forbidden unless otherwise agreed with the auctioneer/client. The bidder/purchaser is also responsible for his helpers, employees, agents and subcontractors in the course of the retrieval of the goods/machines. The bidder/purchaser is obliged to comply with the instructions or directions of VH AUCTIONS or its appointees. VH AUCTIONS BV is not obliged to inform the bidder/purchaser in the event of late collection on the collection day or after the collection day. Unless stated otherwise, the bidder/purchaser may no longer make arrangements for the retrieval of their goods/machines after the scheduled collection day.

22. Buyers who have purchased lots which make it difficult or impossible to remove other lots must collect the lots on the first day and in the first hour of collection without interruption. Unless otherwise stated by VH AUCTIONS BV

23. In the event that the owner of the buildings, the client, or third parties assert rights to one or more lots before the relevant lot has been collected by the buyer, VH AUCTIONS BV may cancel the sale on condition that VH AUCTIONS BV fully reimburses the amount already paid for the lot in question. The buyer cannot however assert any other rights; the buyer shall have no right to claim damages.

24. The ending time is indicated for each lot. If a bid is made within 5 minutes of a lot’s ending time, the auction for that lot will be extended by 5 minutes. Add your lots to "My VH Auctions - Favourite lots" or refresh your page regularly to find out if there has been a new bid. If a lot is part of a combination lot, this will be stated for each lot included in the combination lot. If a bid for a combination lot is greater than all the individual bid lots which are part of the combination lot together with the starting price of the lots for which no bids have been received which form part of the combination lot, the combination lot will be awarded to the bidder who made the highest bid on the combination lot. Please note: When bidding via a mobile device (tablet, smartphone, etc.) the web page must always be reloaded (refreshed). You also need to take into account the quality of the local network, which can cause a delay of a few milliseconds.

25. The principal, VH Auctions BV and the supervising bailiff are not liable if the website ceases to function for technical reason or due to malfunction (website outage, breakdowns, loss of internet access, etc.) In this event, the auctioneer or supervising bailiff shall decide to allocate the lots, to extend the auction or to put the lot back up for auction. Claims for damages will not be accepted.

26. The VH AUCTIONS BV general auction conditions may be amended or supplemented at any time. Additional conditions may apply to specific auctions, which will be mentioned at the auction.

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