User terms
User Terms and Conditions – Auction Platform
TBAuctions operates multiple online auction platforms under various brands (each individually a "Brand", collectively referred to as the "Brands"). Each Brand operates its own Auction Platform using TBAuctions' technology and systems.
These user terms and conditions ("User Terms and Conditions") apply to the use of the auction platforms provided by the Brands. They also apply to all services offered via these auction platforms and to every agreement you enter into with a Brand for the use of the respective platform and the associated services.
By using any of the auction platforms, you agree to be bound by these User Terms and Conditions.
Artikel 1. Definitions
Unless the context indicates otherwise, the following terms have the following meanings in these User Terms and Conditions:
Account: the combination of a username and password that allows a User to access the Auction Platform and participate in Auctions.
Auction: an online sales procedure conducted via an Auction Platform for one or more Lots, including Dutch Public Auctions.
Auction Platform(s): the websites and/or mobile apps of the Brands which operate using TBAuctions’ technology and systems, including:
https://www.surplex.com
https://www.troostwijkauctions.com
https://www.vavato.com
https://www.klaravik.fi
https://www.ht-kg.de/
Auto Bid: A bid where the User sets the maximum amount they are willing to pay for a Lot. The Auction Platform's system will automatically place the minimum next allowable bid on behalf of the User after an outbid, up to the User’s maximum. This automated function can be interrupted by placing a Static Bid that is higher than the current bid.
Bid: the amount placed by a User on a Lot via their Account, including any applicable auction fees, taxes (such as VAT), and other charges. A Bid is considered an irrevocable offer by the User to purchase the Lot at the bid amount.
Brand(s): the brands and platforms operated under TBAuctions, including:
Troostwijk Auctions
Vavato
Surplex
Klaravik Finland
HT Auctions & Valuations
Buyer: the User to whom one or more Lots are awarded following the conclusion of an Auction, thereby establishing a purchase agreement between the Buyer and the Seller, under the terms set out in these User Terms, the General Terms and Conditions and any applicable Specific Auction Terms.
General Terms and Conditions: the terms and conditions that, in addition to the User Terms, apply to the relationship between Buyers and the Auction Platform, as well as to the relationship between Buyer and the Seller in the event a purchase agreement is concluded via the Auction Platform. By placing a bid, Buyers expressly accept the applicability and content of these General Terms and Conditions.
Goods: all items, movable or immovable property, offered for sale via the Auction Platform.
Lot(s): one or more Goods grouped under a single lot number and offered for sale in an Auction.
Notary: The civil-law notary overseeing Dutch Auctions organized by Troostwijk Auctions and ensuring compliance with the applicable terms, currently Mr. J.C. Verburg, or their deputy, affiliated with Pillar notarissen B.V.
Personal Data: Any data that can directly or indirectly identify a User, such as name, address, place of residence, phone number, and email address.
Public Auction: a Dutch Auction conducted by Troostwijk Auctions, led by an auctioneer and under the supervision of the Notary or bailiff, where the Buyer has the possibility to be physically present, within the meaning of Article 6:230g paragraph 1 sub j of the Dutch Civil Code. Allocation during a Public Auction results in a binding purchase agreement.
Registration: the process by which a User registers on the Auction Platform in order to create an Account.
Seller: the natural or legal person offering one or more Lots for sale via an Auction.
Specific Auction Terms and Conditions: Additional or deviating terms that apply to specific Auctions.
Static bid: a fixed bid manually placed by a User on a Lot.
TBAuctions: the organization that owns and is responsible for the technology and systems on which the Brands operate their Auction Platforms.
User: any natural or legal person who has created an Account on an Auction Platform, including for the purpose of participating in an Auction either as a bidder or as a Seller offering Lots.
User Terms and Conditions: this document, setting out the terms for use of the Auction Platform.
The definitions in these User Terms and Conditions may be used in both singular and plural form without altering their meaning.
Article 2. General Provision
2.1 The Auction Platform solely acts as an intermediary and facilitates the sale of Lots on behalf of and at the risk of Sellers. The Auction Platform is expressly not a party to any purchase agreement entered into between the Buyer and the Seller and accepts no liability or responsibility in that regard.
2.2 Lots offered via the Auction Platform of one specific Brand may also be visible on Auction Platforms operated by other Brands within the TBAuctions network. For example, Lots offered via Troostwijk Auctions may also be visible and available for bidding on the platforms of Vavato, Surplex, or Klaravik.
2.3 Sellers using the Auction Platform and the underlying systems are considered Users for the purposes of these User Terms and Conditions. These User Terms and Conditions fully and unconditionally apply to Sellers insofar as they use the platform to offer Lots.
Article 3. Account
3.1 Only natural persons aged 18 or older may register and create an Account on the Auction Platform. During Registration, the User is required to provide accurate and complete Personal Data, including name, address, VAT number, and any additional requested information. The Auction Platform may conduct further verification steps, such as identity or bank checks.
3.2 Natural persons, legal entities, organizations or institutions listed on European Union sanctions lists or any other applicable sanctions lists, or based in regions subject to sanctions, are not permitted to register or maintain an Account on the Auction Platform.
3.3 The Auction Platform reserves the right to refuse, temporarily block, terminate, or suspend access to an Account or Registration without providing reasons. The User will be informed by email about the action taken. The Auction Platform is not liable for any damages resulting from such measures.
3.4 The Account is strictly personal and non-transferable. After successful Registration, the Account is activated through email and SMS verification. The User is responsible for the safe and careful use of login credentials and is fully liable for all actions performed using the Account.
3.5 The User commits to using the Auction Platform in a correct and respectful manner and shall refrain from any conduct that may cause harm to the Auction Platform or other Users. The User is liable for all actions carried out after access has been obtained using their login credentials or authorization key, whether performed by the User or a third party.
3.6 The User guarantees the accuracy and completeness of the Personal Data provided and is required to promptly notify the Auction Platform of any changes.
3.7 Login credentials are strictly personal and must be kept confidential. If misuse or unauthorized use is suspected, the User must immediately report this to the Auction Platform. The Auction Platform may block the Account temporarily or permanently in case of suspected abuse. The User indemnifies the Auction Platform against any damages resulting from misuse or unauthorized use of their Account.
3.8 Users are not allowed to collect, store, or use Personal Data of other Users for commercial purposes. The Auction Platform processes and stores Personal Data in accordance with its applicable privacy policies, accessible via:
https://www.troostwijkauctions.com/privacy-cookie-statement
https://www.vavato.com/privacy-cookie-statement
https://www.surplex.com/privacy-cookie-statement
https://www.klaravik.fi/en/privacy-policy
https://www.ht-kg.de/en/Datenschutz
3.9 By creating an Account and/or logging in to the Auction Platform, the User agrees to be bound by these User Terms and Conditions, which apply every time the User accesses or uses the Auction Platform.
Article 4. Secure Use of the Auction Platform
4.1 The Auction Platform takes appropriate technical and organizational measures to secure its systems, insofar as can reasonably be expected, against data loss, unauthorized access, and unlawful use.
4.2 The Auction Platform does not guarantee that the platform or its associated services will function flawlessly at all times, meet the expectations of Users, or remain continuously and securely accessible.
4.3 Without prior written permission from the Auction Platform, Users are not permitted to copy, distribute, or make the platform publicly accessible, either in whole or in part, for example through deep links.
4.4 The Auction Platform is not liable for any loss or damage resulting from data loss, file corruption, unauthorized access, viruses, or other malicious software distributed via the platform.
4.5 Users are prohibited from placing (hyper)links on the Auction Platform without prior written permission from the Auction Platform. The Auction Platform assumes no responsibility for the content of such linked websites.
4.6 Users are required to use the most up-to-date version of the Auction Platform, including the Auction Platform app, to ensure proper functionality. Although the Auction Platform may notify Users of available updates, it is not liable for damage caused by using outdated versions.
4.7 All intellectual property rights relating to the Auction Platform, the Account, the Lot database, and its further development are the exclusive property of the Auction Platform. The User is granted only a limited, non-exclusive, non-transferable, and non-sublicensable right to use the platform and their Account. The Auction Platform may terminate this right of use at any time and impose additional conditions.
4.8 The Auction Platform, including the Account and its functionalities, is provided “as is.” No guarantee is given regarding the availability or retention of specific functionalities. The Auction Platform will make reasonable efforts to resolve any defects as soon as possible. The Auction Platform also reserves the right to temporarily disable or limit access to the platform or Accounts, without prior notice, for maintenance, updates, or improvements. Users are not entitled to compensation for such actions.
4.9 The Auction Platform is not required to proactively monitor User-submitted content for legality or compliance with third-party rights or platform terms. However, the Auction Platform reserves the right to perform checks on its own initiative and to take action in accordance with Article 6 of these User Terms and Conditions.
4.10 The Auction Platform uses both automated systems and human review to ensure the platform remains safe, fair, and free from illegal Lots or Users who place Bids without the intent to purchase. This includes monitoring Lot descriptions that violate laws or these User Terms and Conditions, as well as monitoring suspicious bidding behavior. The Auction Platform also cooperates with relevant authorities to combat fraud, scams, and the sale of prohibited goods.
Article 5. Participation in an Auction
5.1 Participation in an Auction is only permitted for Users who are legally competent and authorized to perform legal acts.
5.2 The User may place a Bid on a Lot via their Account. Each Bid is unconditional, irrevocable, and binding from the moment it is registered by the Auction Platform’s server. All Bids and related transaction data are automatically stored in the bid log. In the event of disputes regarding the validity of a Bid, the bid log is the sole determining source of evidence.
5.3 Bids must be placed according to the instructions provided on the Auction Platform and may be submitted as a Static Bid, Auto Bid, or via Pre-Registration.
5.4 The Auction Platform may require Users to pay a deposit of at least €200 in order to participate in an Auction. This deposit will be automatically refunded within 75 days, provided the Account is not blocked and there is no payment default. In the event of non-payment or late payment of the purchase price, the right to a refund of the deposit lapses, as compensation for administrative and other reasonable costs. Users may request an early refund if they meet the applicable conditions. The Auction Platform may also require additional identification or verification of address, identity, or bank details.
5.5 The bid log of the Auction Platform is decisive in determining the winning bidder. In case of discrepancies between the bid log and other (online) records, the bid log prevails. The Auction Platform and/or the Seller reserves the right to reject a Bid without stating a reason.
5.6 Auctions may take place subject to award. The Seller has up to 48 hours after the Auction ends to decide whether to award the Lot to the highest bidder. A purchase agreement is only formed if and when the Seller actually awards the Lot.
5.7 Sellers may set a minimum price (reserve price) for Lots. This is the lowest price at which a Seller is willing to sell during the Auction. At the end of an Auction, the Lot will be awarded to the highest bidder whose Bid meets or exceeds the reserve price. If the reserve price is not met, the Lot may still be awarded at the Seller’s discretion.
5.8 The Auction Platform has the right to cancel, extend, or end an Auction earlier than originally indicated. In the event of technical issues that hinder access to the Auction, the Auction Platform may extend the Auction by up to 24 hours or cancel it. In case of errors or disputes during the bidding process, the Auction Platform will inform the involved bidders as soon as possible.
5.9 Users are strictly prohibited from bidding on Lots they themselves are offering or from encouraging or enabling third parties to do so. Violation of this rule may result in immediate exclusion from the Auction Platform and Account suspension.
5.10 The Auction Platform may impose conditions on participation in Auctions, such as mandatory Pre-Registration and/or payment of a deposit as described in Article 5.4. While Pre-Registration may grant access to place Bids, the Auction Platform is not obliged to allow bidding.
5.11 The Auction Platform reserves the right to assess the creditworthiness or solvency of Users and/or Buyers at any time. If there is insufficient certainty about the User’s payment ability, the Auction Platform may deny further participation in an Auction.
5.12 Users and Buyers must cooperate upon request with compliance checks required by applicable laws, including laws aimed at preventing money laundering, terrorism financing, or other legal obligations.
Article 6. Reporting Violations and Measures
6.1 All Users of the Auction Platform are required to comply with applicable laws and these User Terms and Conditions. If a User encounters illegal, infringing, or offensive content, or other issues related to Lots, they may report this via the Auctions Platform’s email address (see below). Suspected fraud may also be reported via this address.
6.2 If the Auction Platform receives indications from Users, third parties, or on its own initiative that a User may be acting in violation of the law or these User Terms and Conditions, it reserves the right to take appropriate measures to protect the platform, its Users, and its services. This also applies in cases of unreasonable use, such as placing Bids without the intent to purchase or causing nuisance or harm.
6.3 Without prior warning, the Auction Platform may implement one or more of the following measures:
Issue a warning to the User;
Remove Bids, Lots, or other content that violates applicable laws or regulations;
Temporarily or permanently restrict access to (parts of) the Auction Platform, including suspension or removal of the User’s Account or limitation of functionalities such as listing new Lots;
Block a Bid during the bidding process or impose additional conditions for further participation in Auctions, such as requiring a bid deposit, if there are reasonable grounds to doubt the User’s payment willingness or capacity;
Suspend obligations of the Auction Platform towards the User and temporarily block (outgoing) payments, either directly or via a payment service provider, if the User fails to meet obligations under these User Terms and Conditions and has been notified accordingly.
6.4 The specific measures taken and their duration will depend on the circumstances of the individual case. The Auction Platform considers factors such as the frequency and nature of the violation, the consequences thereof, and the User’s intent. In cases of bidding without the intent to purchase, the context and impact of such Bids will also be taken into account.
6.5 In the context of the measures mentioned above, the Auction Platform may process personal data. Where necessary and in compliance with legal requirements, the Auction Platform may share such data with competent authorities, such as law enforcement or regulators.
Article 7. Notarial Supervision
7.1 Dutch Auctions conducted via the Troostwijk Auctions platform are subject to oversight by an independent notary. To enable this supervision, only the Notary, excluding all other parties except the Auction Platform, has full access at all times to the Auction Platform’s bid log.
7.2 The Notary may review the bid log at any time and access the complete bidding history of all Users and Auctions. Based on this data, the Notary may perform random checks to verify whether the bidding process proceeded properly, transparently, and in accordance with these User Terms and Conditions, the General Terms and Conditions for Buyers, and any applicable Specific Auction Terms and Conditions.
7.3 The Notary, their staff, and Pillar notarissen B.V. shall not be held liable for any loss, damage, or harm, direct or indirect, arising from or related to: (i) the functioning of the Auction Platform, (ii) the accuracy or completeness of any information provided by them, whether oral, written, intentional or unintentional, and (iii) any actions or omissions by the Auction Platform or Sellers,
unless caused by gross negligence or willful misconduct.
Article 8. Liability
8.1 By registering, the User acknowledges and agrees to the inherent risks of participating in online auctions and the potential technical limitations involved. The Auction Platform disclaims all liability for any damage—direct or indirect—arising in any manner from the use of the Auction Platform, except in cases of intent or gross negligence on the part of the Auction Platform.
8.2 The Auction Platform shall not be liable for any damage arising from or related to:
actions taken by the User based on information provided on the Auction Platform;
(temporary) unavailability of the Auction Platform or system malfunctions;
use of an outdated version of the Auction Platform app after a request to update;
discrepancies between a Lot and its description on the Auction Platform;
inaccurate, incomplete, or outdated information on the Auction Platform;
errors or defects in the Auction Platform’s software or underlying systems;
unlawful use of the Auction Platform or its systems by third parties;
measures taken by the Auction Platform regarding a User or Lot.
8.3 Sellers are solely responsible for the accuracy and completeness of the information about their Lots. While the Auction Platform strives to present Lot information as accurately as possible, it accepts no liability for damages resulting from incorrect or incomplete descriptions or other inaccuracies.
8.4 If the Auction Platform is nevertheless found liable, such liability is limited to the amount covered by its liability insurance. If the insurance does not pay out, the liability of the Auction Platform is limited to a maximum of €5,000.
8.5 The Auction Platform shall never be liable for indirect or consequential damages, or for damages related to defects in Lots or alleged infringements of third-party rights, including intellectual property rights.
8.6 When engaging third parties, the Auction Platform exercises appropriate care. If applicable, it will conclude a data processing agreement with such parties. The Auction Platform is not liable for shortcomings of such third parties.
Article 9. Complaints Procedure
9.1 The Frequently Asked Questions page on the Auction Platform provides answers to the most common questions regarding the use of the platform. If your question is not answered there, you may contact one of our local offices using the available contact options.
9.2 If the Auction Platform takes a measure against a User as referred to in Article 6, the affected User may file a complaint with the Auction Platform (see contact details at the end of these terms). A User may file a complaint in the following situations:
Technical issues;
Disagreement with a decision by the Auction Platform to take or not take action regarding a specific Auction and/or Lot due to illegal content or a violation of the User Terms and Conditions;
Alleged violations of the Platform-to-Business Regulation (Regulation (EU) 2019/1150), where applicable;
Any other actions or conduct by the Auction Platform that significantly affect the User.
9.3 A complaint as referred to in paragraph 2, must be submitted within six (6) months after the Auction Platform has informed the User of the relevant decision. Complaints relating to a failure in the Auction Platform’s services must be submitted in a timely manner after discovery. A period of two (2) months will in any case be deemed timely.
9.4 Complaints must be submitted in a complete and clearly described manner. The Auction Platform will handle complaints carefully and promptly and aims to respond within fourteen (14) days of receipt.
9.5 If the complaint cannot be resolved through the internal procedure, it may be submitted to an independent dispute resolution body. Use of the complaints procedure does not affect the User’s right to bring a dispute before the competent court.
Article 10. Amendments and Validity
10.1 If and to the extent that any provision of these User Terms and Conditions is void or annulled, the remaining provisions will remain in full force and effect. In such cases, the Auction Platform will adopt a new provision to replace the invalid/annulled one, with due regard for the original intent of the invalid provision.
10.2 The Auction Platform may declare the General Terms and Conditions for Buyers and the Specific Auction Terms and Conditions applicable to an Auction in addition to these User Terms and Conditions. Before placing a Bid, the User must accept these terms electronically. In the event of a conflict between documents, the Specific Auction Terms and Conditions take precedence over both the User Terms and the General Terms and Conditions for Buyers.
10.3 Deviations from these User Terms and Conditions are only valid if recorded in writing by the Auction Platform.
10.4 The Auction Platform reserves the right to unilaterally amend the User Terms and Conditions.
Article 11. Governing Law and Contact Information
11.1 These User Terms and Conditions are governed by the law of the country in which the relevant Auction Platform is established (see below).
11.2 For questions about these terms, the use of the Auction Platform, or to file a complaint, you may contact the appropriate Auction Platform:
https://www.TroostwijkAuctions.com, established in the Netherlands
https://www.surplex.com, established in Germany
https://www.vavato.com, established in Belgium
https://www.klaravik.fi, established in Finland
https://www.ht-kg.de, established in Germany
