Terms and conditions

Troostwijk Terms and conditions of use Version October 2023 

Conditions of use Website 

The Terms and Conditions for the User apply to the relationship between the User on the one hand and Troostwijk on the other hand when using the Website. 

Article 1. Definitions 

1.1. Unless otherwise indicated, the Terms of Use shall mean: 

Account: the combination of a username and password that allows a User, by logging on to the Website, to access and participate in the Auction; 

General Terms and Conditions for Buyers: the document containing the general terms and conditions that, in addition to the User Terms and Conditions, apply to the legal relationship between Buyers and Troostwijk. The General Terms and Conditions for Buyers also apply to the legal relationship between Buyers and Seller in the event a sales agreement is concluded via the Website; 

Auto Bid: a Bid in which the User indicates the maximum price he is willing to pay for a Lot. Following an overbid by a third party, the Website's auction system then automatically places the minimum possible higher bid in the User's name, as long as the maximum indicated by the User has not been reached. This systematic action can only be deactivated by the User in the interim by placing a Static bid which is the highest bid at that time; 

Bid: each amount bid by the User in an Auction on the Website via its Account for a Lot, to be increased with, among other things, the auction costs and VAT, being an irrevocable offer by the User to purchase the Lot for the amount bid; 

User: the person who, through Registration, has created the Account for the use of the Website, in order to participate in the Auction, among other things; 

User Agreement: the agreement to be concluded between Troostwijk and the User upon creation of the Account containing the User Terms and Conditions; 

User Terms and Conditions: the present document containing the terms and conditions for the use of the Website, including participation in the Auction; 

Goods: one or more goods within the meaning of Article 3:1 of the Civil Code; 

Subscription: the registration by the User for a Lot, with which the User informs Troostwijk of his intention to place a Bid for a Lot, whether or not in combination with the payment of a subscription amount determined on the Website, after which Troostwijk can give the User the opportunity to place a Bid for a Lot; 

Lot: one or more Goods which will be auctioned individually or jointly, under one lot number at the Auction; 

Notary: the supervising notary specifically for Dutch auctions who, on the basis of the bid log, checks retrospectively (randomly) whether the Auctions have been conducted in the manner described in the User Terms and Conditions, the General Terms and Conditions for Buyers and the Specific Auction Terms and Conditions, currently Mr J.C. Verburg, or his deputy, associated with Pillar notarissen B.V; 

Public Auction: a Dutch Auction conducted by an auctioneer and supervised by the Notary or bailiff, in which the Buyer can be present at the Auction in person or has the opportunity to do so within the 

Troostwijk Terms and conditions of use Version October 2023 

meaning of Article 6:230g paragraph 1 under j of the Dutch Civil Code, in which the User undertakes with 

Personal data: the data provided by the User which can be traced back to his person, including in any case: his name, address, place of residence and e-mail address; 

Registration: the registration of a natural person for himself or a natural person acting on behalf of a legal entity on the Website for the creation of an Account; 

Specific Auction Terms and Conditions: the terms and conditions, in addition to, supplementary to or in derogation from the General Terms and Conditions for Buyers, that apply to participation in a specific Auction, as stated on the Website for the Auction in question; 

Static Bid: a Bid by the User in the form of a fixed amount for a Lot; 

Troostwijk: TBAuctions Netherlands B.V., trading under the names "Troostwijk", "Troostwijk Auctions" and "Troostwijk Veilingen", registered in the Trade Register of the Chamber of Commerce under number 34373620 and having its registered office in Amsterdam, and/or its subsidiary or sister company/companies; 

Auction: an online auction via the Website for the sale of a Lot, which includes a Public Auction; 

Seller: the person who offers one or more Lots for Auction for sale; 

Website: the website www.TroostwijkAuctions.com; the online auction platform, the Troostwijk app and the underlying systems. 

1.2. Definitions may be used in singular or plural without loss of substantive meaning. 

Article 2. General 

2.1 Troostwijk is an intermediary, operating an online platform to sell Lots, either through bidding or privately, in the name and for the account and risk of Sellers through its Website. 

Article 3. User agreement / Account 

3.1 Only Users who are 18 years or older can create an Account on the Website by means of Registration. When creating an Account, Users must fill in the correct Personal Details, such as a correct name, address and other requested details. Troostwijk reserves the right to refuse and/or unilaterally terminate a Registration. 

3.2 The User Agreement comes about through the Registration on the Website, after which Troostwijk confirms the Registration to the User by email at the -email address supplied by the User and creates an Account. The Account enables the User, among other things, to follow the progress of the Auctions through the Website and to place a Bid on a Lot in an Auction. The Account is not transferable for a User. 

3.3 Troostwijk confirms the Registration by email to the User at the email address supplied by the User, after which the User can gain access to the Auction through his Account by means of the chosen password. After accessing the Website, the User undertakes to behave properly and not to cause any damage to the Website or to other users of the Website. The User is liable for all actions that take place on the Website after access has been gained by means of the User's password or the authorisation key of the Account. 

the Bid to purchase the Lots if a purchase agreement is concluded through allotment; 

Troostwijk Terms and conditions of use Version October 2023 

3.4 The User guarantees the accuracy and completeness of the Personal Details supplied with the Registration. Should the Personal Details change at any time, the User is obliged to inform Troostwijk of these change(s) immediately. 

3.5 The User's user name and password are strictly personal and may not be transferred by the User to third parties. The User is liable for and bound to all actions concerning an Auction that arise from the use of the password and/or user name, also in case of misuse by a third party. If the User fears that someone else knows his password, the User must inform Troostwijk immediately and the User will enable Troostwijk to block his Account. The User indemnifies Troostwijk and holds it harmless for all damage arising from misuse and/or use of the User's Account. 

3.6 Troostwijk records the Personal Details obtained by it in an administration kept for that purpose. Through the Registration on the Website, the User gives permission for the use and storage of the Personal Details registered. 

3.7 The Users are forbidden to duplicate the Website or any part thereof or to make it available (by deeplinking or otherwise) without prior written permission from Troostwijk. 

3.8 By (one-time) Registration, the User accepts these Terms of Use for each time the User logs on to the Website and submits bids or not. 

Article 4. Safe use of the Website 

4.1 Troostwijk makes every effort, insofar as this can reasonably be expected of it, to secure its Website against loss of data and/or against any form of unlawful use and takes the appropriate technical and organisational measures to this end. 

4.2 Troostwijk is not liable for loss of data, damage to files, unlawful access to computers or files, viruses or other unlawful programmes or files spread via the Website, or any other consequence of use of the Website . 

4.3 The Website may contain (hyper)links to other websites. Troostwijk has no control over such sites and is not liable for the content of those sites. 

4.4 In order to experience optimal functioning of the Website, Users must at all times use the latest updated version of the Website, more specifically the Troostwijk app. This implies, among other things, that Users must update the Troostwijk app to the latest version. Troostwijk will remind Users to update the Troostwijk-app and is not liable for damages arising from the use of outdated versions of the Troostwijk-app. 

4.5 All intellectual property rights relating to the Account and the Website, including the further development thereof and the database of Lots, belong exclusively to Troostwijk. The User only has a limited, non-exclusive, non-(sub-)licensable and non-transferable right to use the Account and the Website. The User's right to use the Account and the Website can be terminated by Troostwijk at any time. Troostwijk can also set further conditions to the User's right of use. 

4.6 The Website, the Account and all applicable functionalities are offered 'as is'. Troostwijk offers no guarantee as to the maintenance or unchanged nature of certain functionalities of the Website or the Account. Troostwijk will resolve any defects concerning the Website and the Account as soon as possible. Troostwijk has at all times the right, without prior notice, to put the access to the Account and the Website (temporarily) out of use or to limit the use thereof, insofar as this is necessary for maintenance, or to be able to implement updates, releases, adjustments or improvements. This never entails a right to compensation or damages for the User towards Troostwijk. 

Troostwijk Terms and conditions of use Version October 2023 

Article 5. The Auction 

5.1 Participation in an Auction is not permitted if the User is not authorised to perform legal acts or if the User is incapacitated. 

5.2 The User can place a Bid for a Lot on the Website via his Account. Every valid Bid placed during the Auction is unconditional, irrevocable and without any reservation. During the Auction, there is only a valid Bid if the Bid is registered by the Troostwijk server. All Bids and relevant transaction data registered by the aforementioned server are automatically stored in the bid log. In determining the validity of a Bid placed, the bid log, to the exclusion of any other alternative means of proof, shall be decisive. 

5.3 A Bid must be made in the manner indicated by Troostwijk on the Website. The Auction takes place by Static Bid, Auto Bid or Tender. 

5.4 Troostwijk uses its bid log to determine the winning bidder. If there is a discrepancy between the bid log and other online data or messages on the Website or otherwise, the bid log prevails. Troostwijk and/or the Seller of the Lot, is entitled not to accept a Bid without giving reasons. 

5.5 Troostwijk reserves the right to cancel, terminate (earlier than mentioned on the Website) or extend an Auction. In case of a technical malfunction of the Website, due to which it is not fully accessible and/or not accessible to all Users, Troostwijk has the right to extend the Auction by 24 hours or to cancel the Auction. If the Auction is cancelled or extended after an error or dispute regarding bidding, Troostwijk will inform the highest bidder as soon as possible. 

Article 6. Notarial supervision 

6.1 The Dutch Auctions organised by Troostwijk are under notarial supervision of the Notary. In order to carry out this supervision, the Notary, to the exclusion of any other party except Troostwijk, has access to the bid log of Troostwijk at all times. 

6.2. The Notary can view the bidding history of all Users and all Auctions in the bid log at any time. Based on the bid log, the Notary checks retrospectively (randomly) whether the bidding process of the Auction has been conducted with integrity, transparency and in accordance with the provisions of the User Terms and Conditions, the General Terms and Conditions for Buyers and the Specific Auction Terms and Conditions. 

6.3 The Notary, his employees and Pillar notarissen B.V. cannot be held liable, except for gross intent or gross negligence, for any loss, damage or disadvantage arising directly or indirectly from or connected with: (i) the functioning of the Website, (ii) the accuracy and/or completeness of the content of any information provided by them, whether or not in the context of an Auction, in writing or orally or otherwise consciously or unconsciously to Users or third parties and (iii) the actions, deeds or omissions of Troostwijk and Sellers. 

Article 7. Liability 

7.1 By his Registration, the User declares himself acquainted with and in agreement with the special circumstances of an internet auction and with the technical imperfections that can arise. Troostwijk hereby excludes all liability for any damage whatsoever, direct and/or indirect, arising in any way, including but not limited to damage arising from the use of the Website, unless there has been deliberate or conscious recklessness on the part of Troostwijk. More specifically, Troostwijk accepts no liability for any damage whatsoever arising in any way from and/or resulting from: 

• actions performed by the User, allegedly prompted by information posted on the Website; 

Troostwijk Terms and conditions of use Version October 2023 

• inability to use (fully) the Website and/or any other malfunction of the Website, including the underlying system; 

• continuing to use an older version of the Troostwijk app (application) after the User has been requested to update it; 

• failure of the Lots to meet the specifications as stated on the Website; 

• the fact that the information on the Website is incorrect, incomplete or not up to date; 

• errors in the Website's software, including the underlying system; 

• the unlawful use of systems, including the Website of Troostwijk by a third party. 

7.2 Troostwijk and the Seller strive for the greatest possible accuracy and clarity of the description of a Lot on the Website, in auction catalogues, other auction brochures, advertisements and the like, without accepting any liability for damage arising from incorrect or incomplete descriptions or other damage. 

7.3 The liability of Troostwijk, if and insofar as, after application of the other stipulations in these General Terms and Conditions for the User and (if applicable) the General Terms and Conditions for Buyers, there will still be leftovers, will always be limited to the amount to which the liability insurance of Troostwijk pays out in the case in question. In case the liability insurance of Troostwijk does not pay out, the liability of Troostwijk is limited to € 5,000. 

7.4 Troostwijk is not liable for indirect damage or consequential damage. Furthermore, any liability of Troostwijk in connection with any defect in the Lot(s) or in relation to (alleged) infringement of the rights of (the intellectual property of) third parties is excluded. 

7.5 When engaging third parties, Troostwijk will always exercise due care. If applicable, Troostwijk will conclude a processing agreement with these third parties. Troostwijk is not liable for possible shortcomings of these third parties. 

Article 8. Adjustments and operation 

8.1 If and insofar as any provision of the Conditions for Use is void or annulled, the other provisions of the Conditions for Use will remain in full force. Troostwijk will then determine a new provision to replace the void/annulled provision, taking into account as much as possible the purport of the void/annulled provision. 

8.2 In addition to the User Terms and Conditions, Troostwijk can declare the General Terms and Conditions for Buyers and Specific Auction Terms and Conditions applicable to an Auction. These General Terms and Conditions for Buyers and Specific Auction Terms and Conditions must be accepted digitally by the User prior to placing a Bid . In case of contradiction, the provisions of the General Terms and Conditions for Buyers or the Specific Auction Terms and Conditions prevail over the provisions of these User Terms and Conditions. 

8.3 Deviations from the Terms of Use are only possible insofar as this has been recorded in writing by Troostwijk. 

8.4 Troostwijk reserves the right to unilaterally modify the Conditions of Use. 

Article 9. Applicable law 

9.1 Dutch law applies to the User Terms and Conditions and the legal relationships arising in connection with the Auction. 

9.2 The Dutch text of the User Conditions is the original text. In case the Terms of Use are used in several languages, the Dutch text shall therefore prevail in case of ambiguities or contradictions. 

Troostwijk Terms and conditions of use Version October 2023 

9.3 The District Court in Amsterdam has jurisdiction (without prejudice to the possibility of appeal and without prejudice to legal provisions to the contrary) to decide in disputes arising from the Terms of Use to the exclusion of any other authority. 

Do you have any questions about these terms and conditions and the use of our auction platform? 

If so, please contact us at info@troostwijkauctions.com.