General Terms and Conditions for TroostwijkAuctions.com
Article 1. Definitions
Website: the website www.TroostwijkAuctions.com, which is maintained by Troostwijk Veilingen B.V., with its registered seat in Amsterdam;
User: the one who has registered on the Website;
Personal Details: the details provided by the User that are traceable to his or her person, including name/address/city of residence details and e-mail address;
Troostwijk: Troostwijk Veilingen B.V. and/or its subsidiary/ies or sister company/ies as reported on the Website;
Registration: the registration of User on the Website through filling in completely the registration form found on the Website;
Bid: each amount bid by User in the auction for a lot;
Lot: an article, or a number of articles that are auctioned together (under one number);
Auction: the public sale of moveable goods organized by Troostwijk via the internet;
Purchaser: the User to whom the Lot is allocated;
User’s Agreement: the agreement between Troostwijk and the User;
General Terms and Conditions for the User: these general terms and conditions;
General Terms and Conditions of the Online Auction: the additional, supplementary to or in departure from the General Terms and Conditions for the User, valid terms and conditions for participation in an Auction;
Specific Terms and Conditions of the Online Auction: the additional, supplementary to or in departure from the General Terms and Conditions for the User and the General Terms and Conditions of the Online Auction, valid terms and conditions for participation in a specific Auction, as reported on the Website for the Auction in question;
Article 2. Applicability
2.1 The General Terms and Conditions for the User are applicable to the relationship between the User on the one hand and Troostwijk on the other in the use of the Website. In addition, the privacy statement of Troostwijk obtains. It is the responsibility of the user to consult the privacy statement of Troostwijk regularly on the Website.
2.2 The applicability of General Terms and Conditions other than the present terms, the Specific and/or the General Terms and Conditions of the Online Auction is excluded.
Article 3. User’s Agreement
3.1 The User’s Agreement arises through Registration on the Website and places the User in the position to follow the progress of Auctions on the Website, among other things. The User’s Agreement cannot be transferred to another party. In the Registration the User provides his personal details to Troostwijk and chooses his own password for access to the Website.
3.2 Troostwijk confirms the Registration by email to the User at the email address submitted by the latter, after which the User has access to the Auction by means of his password. The User is obligated, after gaining access to the Website, to behave decently and not to damage the Website or other users of the Website. The User is liable for all actions that occur on the Website after he has gained access by means of the User’s password.
3.3 The User guarantees the accuracy and completeness of the Personal Details supplied during Registration. If the Personal Details change at any time, the User is obligated to inform Troostwijk of this change.
3.4 Troostwijk reserves the right to refuse and/or terminate the right to Registration unilaterally.
3.5 Troostwijk enters the Personal Details acquired by it into administrative records kept for that purpose. Through Registration on the Website, the User gives permission for the use and filing of the Personal Details registered.
3.6 The User is forbidden to duplicate the Website or any part thereof or to make it available (via deeplinks or in any other way) without prior written permission from Troostwijk.
3.7 Through a (one-time) Registration, the User accepts the General Terms and Conditions for the User for every time that the User logs on the Website, regardless of whether he makes any bids.
Article 4. The Auction
4.1 Troostwijk reserves the right to cancel an Auction, to terminate an Auction earlier than reported on the Website or to extend one. In case of a technical malfunction of the Website, causing it to be not completely accessible and/or inaccessible to Users, Troostwijk has the right to extend the Auction by 24 hours.
4.2 The User states by his Registration that he is familiar with and agrees with the special circumstances of an internet auction and with the technical imperfections that can arise. Troostwijk denies any liability for whatever damage that may arise in any way, directly or indirectly, including but not limited to the damage arising from the use of the Website, unless there has been deliberate or conscious negligence by Troostwijk. More particularly, Troostwijk accepts no liability for any damage whatsoever that arises in any way by or from:
- actions performed by the User that may have been inspired by the information placed on the Website;
- the impossibility of using the Website (completely) and/or another malfunction in the Website or the supporting system;
- the Lots not meeting the specifications as reported on the Website;
- the fact that the information on the Website is incorrect, incomplete or out of date;
- errors in the software of the Website and/or the supporting system;
- the unlawful use of systems, including the Website of Troostwijk, by a third party.
Article 5. Security
5.1 Troostwijk strives, in accordance with the requirements of reasonableness, to secure its systems against loss of data and/or against any form of unlawful use and implements the appropriate technical and organizational measures, whereby account is taken of the status of the technology, among other things.
5.2 However, Troostwijk is not liable for loss of data, damage to files, unlawful access to computers or files, viruses spread via the Website or other unlawful programmes or files or any other consequence of the use that is made of the Website.
5.3 The Website can contain links to other websites. Troostwijk has no authority over such sites and is not liable for the content of those sites.
Article 6. Description of Lots
6.1 Troostwijk and the one who has commissioned the auctioning of the Lot strive for all possible accuracy and clarity in the description of a Lot on the Website, in auction catalogues, other auction brochures, advertisements and similar documents, without accepting any liability for damage arising from inaccurate or incomplete descriptions or any other damage.
6.2 Unless explicitly stated otherwise in the Specific Terms and Conditions of the Online Auction, lines, cables and/or other connections for energy, control or production that are situated on or in a Lot are sold only to the first valve, fitting or attached identifying mark. Underground or built-in connections are never part of the Lot, unless explicitly stated otherwise in the Specific Terms and Conditions of the Online Auction.
Article 7. Liability
7.1 The liability of Troostwijk, if and insofar as the other remaining stipulations of the General Terms and Conditions for the User and (if applicable) of the General and Specific Terms and Conditions of the Online Auction are applied, will still be limited to the amount to which the liability insurance of Troostwijk accords Troostwijk in the instance in question, increased by the amount of excess according to the policy in question, or, if it is less, to the invoiced amount that is involved in the commission. This limitation does not apply in the event of deliberate or gross negligence by Troostwijk.
Troostwijk’s liability that remains after application of the other stipulations in these General Auction Terms and Conditions, the General user Terms and Conditions and (if applicable) the Specific Auction Terms and Conditions, shall always be limited to the amount that can be claimed from Troostwijk’s liability insurance in the relevant case. In the event that the liability insurance of Troostwijk does not cover the event the liability of Troostwijk will be limited to € 5000,-.
7.2 Troostwijk is not liable for indirect or consequential loss. Further, all liability of Troostwijk in connection with any defect in the Lot(s) or in respect of (alleged) infringement of the rights of (the intellectual property of) third parties is excluded.
7.3 In consulting with third parties, Troostwijk will take the necessary caution into consideration. Troostwijk is also not liable for possible shortcomings of these third parties.
Article 8. Adjustments; effect
8.1 If and insofar as any stipulation of the General Terms and Conditions for the User is null and void or is nullified, the remaining stipulations of the General Terms and Conditions for the User will remain undiminished in force. Troostwijk will then determine a new stipulation to replace the null/nullified stipulation, by which the intent of the null/nullified stipulation will be taken into consideration.
8.2 In addition to these General Terms and Conditions for the User, Troostwijk can declare the General Terms and Conditions and Specific Terms and Conditions of the Online Auction to be applicable. This needs to be confirmed by the User before the Auction. In the event of contradiction, that which is stipulated in the General or Specific Terms and Conditions of the Online Auction will be given preference above that which is stipulated in the present General Terms and Conditions for the User.
8.3 Departures from these General Terms and Conditions for the User can occur solely insofar as this is fixed in writing by an authorized representative of Troostwijk.
8.4 Troostwijk reserves the right to amend these General Terms and Conditions for the User. Amendments will take effect 24 hours after they have been announced to the User by email.
Article 9. Applicable law
9.1 Dutch law is applicable to these General Terms and Conditions for the User and to the legal relationships that are associated with the Auction.
9.2 The Dutch text of the General Terms and Conditions for the User is the original text. In the event that the General Terms and Conditions for the User are used in several languages, the Dutch text will therefore be given preference in case of lack of clarity or contradictions.
9.3 The District Court Amsterdam is authorized (subject to the possibility of appeal and to laws that state otherwise) to decide in differences arising from the General Terms and Conditions for the User, to the exclusion of every other instance.
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