Auctionista.co TERMS & CONDITIONS 2018021001
1.1 Account: the personal section on the Online Platform with the (personal) data entered by the User or from User social media account (s), which is created by the User when registering for the Service and which is managed by the User.
1.2 Commercial Seller: a User who uses the Service to sell lots within the framework of his trade, business, craft or professional activities and has: (i) a valid VAT number or (ii) if the Seller does not have a VAT number, provides alternative proof that he uses the Service to sell Lots in the course of his trade, business, craft or professional activities.
1.3 Bid: an amount offered by a User for a Lot, including VAT and (tax) levies, if applicable, exclusive of Buyers' Committee.
1.4 VAT: value added tax within the meaning of Directive 2006/112 / EC of 28 November 2006 on the common system of value added tax and other taxes of a similar nature.
1.5 Auctionista: the private limited company Auctionista.co B.V., with offices in Amsterdam, the Netherlands and registered in the register of the Chamber of Commerce under number 70814813.
1.6 Consumer: a User who is a natural person and uses the Service or if the Buyer concludes a Purchase Agreement for purposes that are outside his business or professional activity.
1.7 Third Service Providers: a third party, not affiliated with Auctionista, that offers certain products, services, applications or websites through our Online Platform, including, but not limited to, payment services or shipping services. The use of such products, services, applications or websites is governed by and is subject to the terms and conditions and privacy statement of the third party service provider.
1.9 User: any natural or legal person who creates an Account, uses the Service or engages on the Online Platform without registering.
1.10 User material: information on the Online Platform originating from Users or made accessible or made public by Users via the Online Platform, including - but not limited to - Lots, Lot descriptions, photos, specifications, opinions, advertisements, messages, offers and / or announcements.
1.11 Information: all material and all information posted by Auctionista on the Online Platform or made accessible via the Online Platform. User material is not covered here.
1.12 Intellectual Property Rights: all rights of intellectual property and related rights, such as copyrights, trademark rights, patent rights, design rights, trade name rights, database rights and neighboring rights, as well as rights to know-how and single-line performances.
1.13 Lot: one or more items or services that are offered for sale by a Seller via an Online Auction on the Online Platform.
1.14 Purchase agreement: the purchase agreement concluded via the Online Platform between the Seller on the one hand and the Buyer on the other concerning a certain Lot.
1.15 Purchase price: the amount of the highest Bid that the Buyer owes to the Seller. 1.16 Buyer: the User who enters into a Purchase Agreement with a Seller via the Online Platform.
1.17 Buyers' Committee: the percentage of the Purchase Price communicated by Auctionista on the Online Platform that the Buyer owes to Auctionista after Allocation for use of the Service, including any VAT due.
1.18 Online Platform: the digital environment of Auctionista.co that can be accessed via the Internet and where Users are enabled to purchase the Service through the software developed and offered by Auctionista, such as accessible via www.auctionista.com .co and other top level domains registered by or on behalf of Auctionista, including all subdomains and subpages thereof, as well as the mobile versions of those websites, as well as all software and (mobile) applications with which the Service can be used, including on mobile devices such as smartphones and tablets.
1.19 Online Auction: the online, automated auction of Kavels by Sellers on the Online Platform.
1.20 Reserve Price: The (not visible) minimum price that a Seller wishes to receive for his Lot.
1.21 Allocation: the fully automated message to the Buyer that he has made the highest Bid and that he has purchased the Lot with it.
1.22 Auction: a collection of lots from a Seller
1.23 Seller: the User who offers one or more Lots for sale on the Online Platform.
1.24 Seller's Committee: the percentage of the Purchase Price communicated by Auctionista on the Online Platform or in any other way that the Seller owes to Auctionista after an Online Auction for the use of the Service, which Seller's Committee, to be increased by any VAT and other taxes due (tax ) levies, with Auctionista being deducted from the payment of the Purchase Price.
3.1 The User accepts that the Service and the Online Platform only contain the functionalities and other features as the User finds at the time of use ("as is basis"). Auctionista expressly excludes express and implied warranties, promises and indemnities of any kind, including but not limited to, regarding the quality, safety, legality, integrity and correctness of the Service.
3.2 User accepts that the functionalities of the Service and the Online Platform may change.
3.3 Sellers offer Lots on the Online Platform and Users will take these Lots directly from Sellers. Auctionista only plays a facilitating and supporting role by offering an Online Platform and additional services. Auctionista can not exercise control over or responsibility for the quality, safety, legality or accuracy of the offered lots, the authority of Sellers to sell Lots and the authority or option of Buyers to purchase Lots.
3.4 The user acknowledges and accepts the special circumstances that can occur with an internet auction and the (technical) imperfections that may arise. This should include, but not limited to, the inability to gain full or complete access to the Online Platform, the failure or failure to timely submit a Bid, malfunctions or defects in the Online Platform or in the Online Platform. underlying hardware, network connections or software. Maintenance work on the Online Platform or on the underlying system can also prevent (unlimited) access or (timely) issuance of a Bid. Auctionista is never liable for any damage that User suffers as a result of such (technical) inadequacies.
4 Sign up for the service
4.1 In order to make optimal use of the Service, the User must create an Account in the manner described on the Online Platform. User can also log in via certain third-party services. User guarantees towards Auctionista that the information he provides when creating his Account is complete, truthful and up-to-date. During the registration, the User must enter a user name and password, with which access can be gained to the Account.
4.2 Vendors who are Business Vendors are obliged to identify themselves as such when they create their Account. User accepts that for all use via such an Account he is considered as Business Salesman. Auctionista has the right to change the status of Accounts if it reasonably sees reason to do so, such as in the event that a Business Vendor has not registered as such.
4.3 User is obliged to comply with all tax laws and regulations and to register in that respect with his registration in the correct capacity and thereby provide all necessary information. User is fully liable for the consequences of providing incomplete or incorrect information regarding its tax position and fully indemnifies Auctionista against all claims from third parties, including the tax authorities, and for all resulting or related damage and / or costs, which claims, damages and costs will be directly recovered by Auctionista from User.
4.4 It is not permitted to create an Account in the name of another person and / or to provide false information. It is not permitted to log in via third-party services to allow accounts of others or others to log in on behalf of User.
4.5 User is responsible for keeping his username and password combination confidential. The User is therefore also liable for all use made via his user name and password of the Service and User indemnifies Auctionista in respect of any damage resulting from misuse or use of his user name and password. Auctionista can assume that User is actually the one who logs in with User's username and password.
4.6 As soon as the User knows or has reason to suspect that a username and / or password has become unauthorized, the User must inform Auctionista thereof, without prejudice to his own obligation to immediately take effective measures himself, such as changing his password. .
4.8 Auctionista reserves the right to change the registration and login procedure, the password, the user name or certain User Information if it deems this necessary in the interests of Auctionista, third parties or the functioning of the Service.
4.9 Auctionista reserves the right to deny Users the right to register and participate in an Online Auction and / or terminate them unilaterally.
5 Offering lots
5.1 In order to be able to sell Lots via the Online Platform, the User must, among other things, enter his address and bank account details in his Account.
5.2 On the basis of the attractiveness, the rarity and the possible yield of and the expected demand for the type of lots concerned, it will be assessed which plots are suitable for sale via the Online Platform. Lots can be refused for auctions without giving any reason.
5.3 When offering an Auction the Seller must provide information in a clear and understandable manner about the offered Lots. It concerns in any case - but not limited to - the following materials and information: (i) A correct, complete and accurate description of the offered Lot; (ii) Information about the state and qualification of the Lot, including whether or not it concerns a margin credit in the context of VAT legislation; (iii) One or more clear photographs that accurately reflect the current state (including any defects or deficiencies), properties and other details of the Lot; (iv) An opening bid; (v) The existence and conditions of assistance to the Buyer after sale (if applicable) and any warranties; and (vii) Any other conditions attached to the offer.
5.4 Auctionista is not responsible or liable towards other Users for the description of Lots, including for the information and statements of Seller mentioned in Article 5.3. Seller accepts that Auctionista can propose changes or additions to the description of the offered Lot. The Seller will, however, be given the opportunity to check the description before the Online Auction starts, will make use of this possibility, guarantees that the Lot complies with the description and indemnifies Auctionista against any claim of the Buyer in connection with the non-fulfillment. to that.
5.5 The Seller guarantees that he is the rightful owner or is authorized to offer the Lots that he offers on the Online Platform and that by offering and selling a Lot he is not in violation of any laws or regulations, no rights violates third parties, including rights from agreements and intellectual property rights, generally does not act fraudulently or otherwise illegally and / or fraudulently towards third parties or Auctionista. The Seller indemnifies Auctionista against any claims by the Buyer or third parties in relation to the legality of the sale of a Lot or related to a violation of this Article 5.5 or any damage or costs related to this. Seller also guarantees that offering and selling the Lot is a genuine and genuine transaction. In particular, the Seller guarantees that the Lot is not offered as part of a fake transaction, which enables the Buyer and / or third parties to transfer an amount and to launder the relevant money.
5.6 In some cases, Auctionista will provide (automatic) value estimates of certain Lots. Auctionista does not guarantee its correctness and therefore accepts no liability whatsoever if it appears that Lots are more or less worthy. Auctionista can refuse to include a Reserve Price for a particular Lot.
5.7 Auctionista has the right to have the texts associated with a Lot translated so that the Lots can also be offered in other countries, whether or not by using translation machines. Auctionista may, in its sole discretion, dissolve the Purchase Agreement on behalf of a User who has been demonstrably disadvantaged by a translation error, if no other solution can be found. This is the last resort of the User.
5.8 In the event that Auctionista is informed of an incorrect translation of a Lot while the Lot is still part of the auction, Auctionista may, in its sole discretion, adjust the description of the Lot or remove the Lot from the auction.
5.9 Articles 5.7 and 5.8 only apply in the event that the lot description has been manually translated by Auctionista. Auctionista accepts no liability for possible errors in the texts as a result of machine translations.
5.10 Lots may be withdrawn by the Seller until such time as they are published on the Online Platform and visible to other Users. Thereafter, the conditions attached to the offer by the Seller can no longer be changed by the Seller. If a Lot is nevertheless removed from the Online Auction at the request of the Seller, the Seller is fully liable for the damage caused thereby. At Auctionista's first request, the Seller (before the Lot may be removed from the auction) must provide documents, files or other evidence to substantiate his request for removal. Only when sufficient proof has been submitted can Auctionista consult with the highest bidders at its discretion and remove the lot from the auction.
5.11 For the sale or sale of certain Lots, including - but not limited to - tobacco, alcohol and (antique) weapons, different conditions and admission and / or (legal) age requirements apply. Users must adhere to that.
5.12 Lots are exclusively offered by the Seller on the Online Platform and will therefore no longer be offered through other sales channels. The Seller will remove Lots from other websites, including auction platforms, online market places and (own) web shops.
6 Development of the Online Auctions
6.2 Auctionista has the right at all times, both before, during and after the end of an Online Auction, to temporarily or permanently make it impossible to offer lots by Users and to offer Users on Lots.
6.3 Auctionista has the right, in its sole discretion, to remove a bid in an Online Auction if necessary, for example in case of possible abuse or fraud and in the event of a clear mistake by the bidder.
6.4 Auctionista has the right to impose on certain (categories) Online Auctions or Lots and / or on Bids starting from certain amounts, as a condition for placing Bids that Users deposit an amount to be determined by Auctionista with it or on other provide certainty of performance of payment.
6.5 During the time period defined on the Online Platform, an Online Auction can take place. Users can use the "automatic bidding" function, in which automatic bids are made without further intervention by the User up to a certain maximum set by the User. The amount by which the User must at least increase a Bid is dependent on the highest Bid that applies at that time. The minimum bid steps are listed on the Online Platform. If another Bid is made during the last 2 minutes of the time of the Online Auction, extra time will be added to the Online Auction.
6.6 Bidding on lots takes place in Euro
6.7 Each Offer is deemed to have been made by the person through whose Account the Offer is made. The User is therefore always personally bound to the Bids issued via his Account, even if a third party makes Bids via his Account.
6.8 The Buyer acknowledges and accepts that if a Reserve Price is included by the Seller, no Purchase Agreement will be concluded if the highest Bid is lower than this Reserve Price.
6.9 Except in the event that a User acts as Consumer and buys a Lot from a Commercial Vendor and the exceptions to the right of withdrawal referred to in Article 8.12 do not apply, and subject to specific situations that will be described in the relevant Online Auction, a done Offer unconditionally and irrevocably, regardless of whether the User makes use of the "automatic bidding" function. User can not rely on typos or mistakes.
6.10 The Seller is not permitted to make a Bid on Lots offered by the Seller himself and / or to instruct others to make a Bid.
6.11 The Purchase Agreement comes about as a result of the automatic Allocation. Auctionista is not a party to the Purchase Agreement.
6.14 On the Online Platform and / or in (e-mail) messages from Auctionista, additional conditions may apply that apply to the offering of Lots and / or making Bids.
7 Rules for Business Sellers
7.1 Seller is obliged to declare truthfully about the professional or otherwise professional capacity in which he offers Tables. Sellers are obliged to register as such and to give Auctionista a valid Chamber of Commerce and VAT number and copy of bank statement or, if the Seller does not have a VAT number, to provide alternative proof to Auctionista that he Service used to carry out his trade, business, craft or professional activities.
7.2 If the Seller is a Commercial Vendor, he acknowledges and accepts that Consumers residing in a country within the European Economic Area are entitled in certain cases to revoke the Purchase Agreement within the applicable statutory period. The Seller will fully cooperate with it in the manner indicated by Auctionista.
8 Consumers’ rights
8.1 Consumers have a legal guarantee of conformity of the Lots.
8.2 Consumers who reside in a country within the European Economic Area and purchase a Lot from a Commercial Vendor have the right to revoke the purchase on the basis of the statutory right of withdrawal without giving reasons for a period of 14 days (the cooling-off period) laid down in article 6: 230o of the Dutch Civil Code, or on the basis of any applicable foreign law to implement article 9 of the directive 2011/83 / EU on consumer rights. The Commercial Salesman may ask the Buyer for the reason for withdrawal, but do not oblige them to state their reason (s).
8.3 The cooling-off period referred to in Article 8.2 starts on the day after the Consumer, or a third party appointed by the Consumer, not being the carrier, has received the Lot, or: (i) If the Lot is delivered in several shipments: the day on which the Consumer or a third party designated by him has received the last shipment; (ii) If the delivery of a Lot consists of several shipments or parts: the day on which the Consumer, or a third party designated by the Consumer, received the last shipment or the last part; (iii) In the case of agreements for regular delivery of Lots during a certain period: the day on which the Consumer, or a third party designated by the Consumer, has received the first Lot.
8.4 The Consumer is obliged to carefully handle the Lot and the packaging during the reflection period. The Consumer will only unpack or use the Lot to the extent necessary to determine the nature, characteristics and operation of the Lot. The basic principle here is that the Consumer may only handle and inspect the Lot as the Consumer would be allowed to do in a store.
8.5 The Consumer is only liable for the depreciation of the Lot resulting from a way of dealing with the Lot that goes further than allowed under Article 8.4.
8.6 If the Consumer makes use of the statutory right of withdrawal in accordance with Article 8.2, the Consumer will report this within the cooling-off period by means of the standard form for withdrawal via the web form on the Auctionista website or in an unequivocal manner (i) to the Seller if the Seller's data are known to the Buyer at that time, or (ii) if not, to Auctionista, who will attempt to effect the revocation on behalf of the Business Vendor. Receipt of the report will be confirmed. Auctionista shall inform the Business Seller of the revocation in the situation referred to in this paragraph paragraph (ii).
8.7 As soon as possible, but within 14 days after the notification referred to in Article 8.6, the Consumer shall return the Lot to the Seller or hand over the Lot to the Seller, unless the Seller has offered to collect the Lot.
8.8 The Consumer shall return the Lot with all delivered accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by or on behalf of the Seller.
8.9 The Consumer bears the direct costs of returning the Lot.
8.10 In the situation mentioned in Article 8.6 sub (ii) and in so far as the Seller has not yet been paid, the Purchase Price will be refunded to the Consumer, including any delivery costs, but not earlier than at the time that the Business Seller sells the Lot in its original state. has received. If the Purchase Price has already been paid to the Commercial Vendor and / or in the situation referred to in Article 8.6 sub (i), the Commercial Vendor is obliged to reimburse the Purchase Price, including any delivery costs.
8.11 The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the Consumer.
8.12 The following products and services are excluded from the right of withdrawal: (i) Products or services whose price is subject to fluctuations in the financial market on which the Business Salesman has no influence and which can occur within the withdrawal period, such as the sale of goods. (items made from) certain gems and precious metals (including but not limited to diamonds (including jewelery with valuable diamonds), gold coins and bullions); (ii) Service agreements, after full execution of the service, but only if: a) the performance has begun with the express prior consent of the Consumer; and b) the Consumer has declared that he will lose his right of withdrawal as soon as the Commercial Seller has fully executed the agreement; (iii) Package travel as referred to in Section 7: 500 Dutch Civil Code and passenger transport agreements; (iv) Service agreements for the provision of accommodation, if a certain date or period of execution is provided for in the agreement and other than for residential purposes, freight transport, car rental services and catering; (v) Agreements relating to leisure activities, if a specific date or period of execution is provided for in the agreement; (vi) Products and services sold by execution and bankruptcy sale; (vii) Real estate; (viii) Products and services rendered under agreements requiring a notary; (ix) Products manufactured according to Consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the Consumer, or which are clearly intended for a specific person; (x) Products that spoil quickly or have a limited shelf life; (xi) Sealed products which for reasons of health protection or hygiene are not suitable to be returned and of which the seal has been broken after delivery; (xii) Products that are irrevocably mixed with other products after delivery due to their nature; (xiii) Alcoholic beverages of which the price has been agreed upon at the conclusion of the Purchase Agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations of the market on which the Business Salesman has no influence; (xiv) Sealed audio, video recordings and computer software, the seal of which is broken after delivery; (xv) Newspapers, magazines or magazines, with the exception of subscriptions to this; (xvi) The supply of digital content other than on a tangible medium, but only if: a) the performance has begun with the express prior consent of the consumer; and b) the consumer has declared that he thereby loses his right of withdrawal.
9.1 After the Online Auction has ended, the Buyer must pay the Purchase Price and the Buyers' Committee on the basis of the payment instructions. Buyer ensures that all amounts are received net and is therefore responsible and liable for any (banking) costs, taxes (such as withholding tax), levies and / or deductions. The Buyer guarantees that he will not buy the lot as part of a fake transaction, which enables him and / or third parties to transfer the full or partial purchase price and to launder the relevant money.
9.2 The User accepts that Auctionista prepares and sends invoices on behalf of the Vendor insofar as the issuing of invoices is mandatory on the basis of legislation and regulations. The Seller remains at all times responsible for the accuracy and completeness of the invoice and Auctionista accepts no liability in this regard.
9.3 If the Buyer does not pay the Purchase Price and the Purchasing Committee within the stated payment term, he is automatically in default towards Auctionista and the Seller, without any notice of default being required. From the moment of default, the Buyer owes interest equal to the statutory commercial interest. Auctionista will in any case send one reminder, also on behalf of the Seller, with regard to the amount owed to the Seller.
9.4 Dissolution of the Purchase Agreement as a result of the fact that the Purchaser does not meet his payment obligations, does not affect the Purchaser's due from the Purchaser.
9.5 In the event of dissolution due to Buyer's failure to fulfill its payment obligation, the Buyer shall be liable for all damage and costs of Auctionista thereby caused, which in any case amount to an amount equal to the Seller's fee that has been missed by Auctionista.
9.6 In the event of dissolution due to Buyer's failure to fulfill its payment obligation, the Buyer will also forfeit an immediately payable fine to Auctionista amounting to 15% of the Purchase Price with a minimum of € 1,000 (one thousand euros). The fine is not susceptible to (judicial) moderation.
9.7 The Purchase Price will be paid to the Seller (after deduction of the Seller Commission) after the Buyer has paid the Purchase Price and the Buyer's Committee. The Purchase Price (after deduction of the Seller Commission) will be paid within three weeks after the Seller's shipment of the Lot or collection of the Lot by the Buyer in accordance with Article 10. Notwithstanding the foregoing, payment to the Seller may be suspended, in the particularly if the Buyer has reported a dispute because of, for example, alleged damage or non-conformity of the Lot. With Seller, Auctionista can agree on other payment terms.
9.8 Payment processing Services on the Online Platform are processed by Buckaroo and are subject to the Buckaroo user conditions. By selling on Auctionista, you agree to the Buckaroo terms and conditions, which can be changed by Buckaroo from time to time. Payment to the Sellers may be subject to the completion of all data required by Buckaroo, such as date of birth, and in the case of a Commercial Vendor, the Chamber of Commerce number and a copy of the bank statement.
10 Delivery and purchase of the lots
10.1 Buyer is responsible for picking up a Lot, the Buyer is free to use services from third parties.
10.2 The Seller is obliged to deliver the Lot to the Buyer to whom the Allocation has taken place, against the description and the conditions as determined by the Seller at the time of the application of the Auction and without prejudice to the provisions in Article 8.
10.3 The Seller is obliged to send the Lot from the address as stated in his Account. If the Seller sends the parcel of another address, he will be able to be held liable for any extra costs (for example any import costs) that the Buyer would not have to pay if the Lot had been sent from the address stated in the Seller's Account. . The Seller may only change the status of the shipment after the Seller has actually sent the Lot or after the Buyer has picked up the Lot.
10.4 Sold lots should be sent as far as possible with Track & Trace and, if possible, be insured during transport.
10.5 The place of delivery is the address that the Buyer has made known. The risk of damage and / or loss of Lots lies with the Vendor until the moment of delivery to the address specified by the Buyer.
10.6 Signing for receipt and / or acknowledgment of receipt of Track & Trace at the place of delivery can be regarded by Auctionista as proof of receipt by the Buyer. Seller accepts that Auctionista has the right not to accept any other proof of receipt. This provision does not grant any rights to the Seller. If the Lot does not arrive correctly, the Seller and Buyer are obliged to jointly start an investigation with the transport company in case they fail to come to a solution. An ongoing investigation does not affect the right of Auctionista to determine whether the Purchase Price will be refunded to the Buyer or will be paid to the Seller in accordance with Article 10.14.
10.7 In the event of incorrect, incomplete or late performance by the Seller of his delivery obligation pursuant to this Article 10, even after a proper notice of default, the Seller is in default and Auctionista is entitled to dissolve the Purchase Agreement on behalf of the Buyer. The notice of default and termination can be sent by Auctionista, without any obligation, to the Seller on behalf of the Buyer. In that case the Seller is obliged to compensate the Buyer for damage, without prejudice to any other right. Seller, not Auctionista, is then obliged to repay any Purchase sum already received.
10.8 Termination of the Purchase Agreement as a result of non-fulfillment of the delivery obligation of the Seller (including, but not limited to, non-delivery of the Lot in accordance with the Lot description), has no influence on the Seller's payable by the Seller. In such a situation, the Seller is liable for all damage and costs of Auctionista caused thereby, which in any case amount to an amount equal to the Buyers' Committee missed by Auctionista. In addition, the Seller will forfeit an immediately payable fine to Auctionista amounting to 15% of the Purchase Price with a minimum of € 1,000 (one thousand euros). The fine is not susceptible to (judicial) moderation.
10.9 Auctionista may offset the amount referred to in Article 10.8 with any Purchase Price to be paid to the Seller.
10.10 The Buyer is obliged to purchase or collect the Lot within the period as stated on the Online Platform. If no period is stated or agreed, the Buyer is obliged to purchase or collect the Lot within a reasonable period, which period shall under no circumstances exceed two weeks (counting from the day of conclusion of the relevant Online Auction).
10.11 If the Purchase Agreement is dissolved due to Buyer's failure to comply with its purchase and co-operation obligations, this shall not affect the Purchaser's due from the Buyer. In such a situation the Buyer is liable for all damage and costs of Auctionista caused thereby, which in any case amount to an amount equal to the Seller Committee that has been lost by Auctionista. In addition, the Buyer will forfeit an immediately payable fine to Auctioniosta amounting to 15% of the Purchase Price with a minimum of € 1,000 (one thousand euros). The fine is not susceptible to (judicial) moderation.
10.12 Auctionista is entitled to settle the amounts referred to in Article 10.11 with the Purchase Price to be returned to the Buyer.
10.13 Notwithstanding the provisions of Article 11.3, the Buyer acknowledges and accepts that special rules and / or conditions may apply to cross-border Purchase Agreements relating to the import of Lots, including but not limited to customs duties, VAT, import duties and customs clearance costs. Buyer must ensure that these rules are complied with prior to the conclusion of the Purchase Agreement. Any additional costs in connection with the foregoing will exclusively be borne by the Buyer.
10.14 Any complaints and disputes between Seller and Buyer must be reported to Auctionista as soon as possible. Although Purchaser and Seller must in principle resolve disputes among themselves, Auctionista will, where necessary, make reasonable efforts to mediate between Seller and Buyer. If Seller and Buyer do not come to a solution and Auctionista still has the Purchase Price, Seller and Buyer hereby accept that Auctionista has the last word and may decide whether the Purchase Price is returned to the Buyer or will be paid to the Seller. Auctionista will therefore not be liable to pay any compensation or compensation to the Buyer or Seller. Auctionista is not a party to any dispute.
11 Using the Service
11.1 Any use of the Service and the Online Platform is at the risk, expense and accountability of the User.
11.3 When using the Service, the User is obliged to comply with all applicable national, European and international regulations with regard to - among other things, but not limited to - his activities regarding the bidding, offering, buying and selling of Lots and Objects via the Online Platform.
11.4 The User will not process personal data of other Users without the consent of the relevant User, such as by including Users in a mailing list without explicit permission or by approaching them unsolicited. User will not use the contact details of other Users to send unsolicited communications. User owes Auctionista an immediately due and payable fine of € 1,000 (one thousand euros) for each violation of this provision.
11.5 The User warrants that when using the Service: (i) it will not circumvent or manipulate the Online Platform and Auctionwise billing process, such as by directly contacting other Users or third parties to conclude a purchase agreement outside Auctionista. In the event of violation of this provision, all Users involved shall be jointly and severally liable for all damages and costs incurred by Auctionista, which in any case amount to an amount equal to the Buyers and Sellers Committee missed by Auctionista if the Lot has been sold; (ii) Will not use viruses, Trojan horses, worms, bots, or any other software or technical aids that may cause damage to the Service or the Online Platform, or render the Service or the Online Platform inaccessible or intended to constitute technical protection measures. to bypass; (iii) not perform any actions that impose an unreasonable and / or disproportionate burden on the infrastructure of the Service and / or impede the functionality of the Service; (iv) Do not perform any acts that manipulate or undermine Auctionista's review system; (v) Will not use any applications that monitor the Service and / or copy parts of the Service.
11.6 User owes Auctionista an immediately due and payable fine of € 1,000 (one thousand euros) for each violation of Article 12.5 and for every day, including a part of a day, that such a violation continues, all this without prejudice the right of Auctionista to recover its actual loss.
11.7 All technical means necessary to make use of the Service including, but not limited to, hardware and an internet connection, as well as the costs for the use thereof, are entirely at the expense of the User.
12 User materials
12.1 The User retains all Intellectual Property Rights on his User Material, but hereby grants Auctionista a free, unencumbered, worldwide, non-exclusive, perpetual and non-cancelable license to publish and / or reproduce his User Material for all purposes that Auctionista deems necessary, including - but not limited to - promotional purposes. This license does not end when User or Auctionista deletes User's Account and / or User ceases to use the Service.
12.2 User gives Auctionista, under the aforementioned license, among others, without exclusion, (i) the right to (have) translate User Material (ii), (ii) the right to have User Material printed and / or used in (social) media and (iii) the right to use User Material for promotional purposes.
12.3 The User hereby waives, as far as applicable and insofar as possible, his moral rights to User Material.
12.4 User understands and accepts that he is responsible and liable for User Material that he places on the Online Platform or makes accessible with the help of the Service.
12.5 User understands and accepts that Auctionista is not obliged to check and / or view User Material of other Users. Auctionista has no knowledge of the content of any User Material and is therefore not responsible and / or liable for this.
12.6 If the User is of the opinion that certain User Material is unlawful, the User can report this to Auctionista. User can find more information about how he can submit a report here.
12.7 Auctionista reserves the right to remove, shorten or otherwise modify User Material from the Online Platform if it sees reason to do so, without thereby accepting any responsibility or liability for its contents, without thereby becoming liable for any damage and without being obliged to pay any compensation. This Article does not affect other rights and remedies of Auctionista and Auctionista reserves the right to take further (legal) measures, including - without limitation - the provision of User's personal data to third parties.
13 Availability and interruption of the Service
13.1 Auctionista does not guarantee that (all parts of) the Service and / or the Online Platform are accessible at all times and without interruptions or disruptions. Malfunctions in the Service may, but not exclusively, occur as a result of disruptions in the internet or telephone connection or due to viruses or errors / defects or Ddos attacks. Auctionista is in no way liable or liable for damages to the User for any damage resulting from the (temporarily) unavailability or (premature) failure of the Service and / or the Online Platform.
13.2 Auctionista is at all times entitled to make, without prior publication, procedural, technical, commercial or other changes and / or improvements in the Service and / or the Online Platform, the Service and / or the Online Platform (temporarily) out of use. to limit and / or limit its use if this is necessary in its view, for example in the context of reasonably required maintenance to the Service and / or the Online Platform.
14 intellectual property
14.1 The Intellectual Property Rights relating to the Online Platform, the Service, the Information, and the database, including - but not limited to - the Intellectual Property Rights on the texts, images, design, photographs, software, audiovisual material and other materials are vested in Auctionista or its licensors.
14.5 Auctionista can take technological measures to protect the Online Platform or the Service and / or separate parts thereof. User may not remove or circumvent these technical protection measures or offer them for this purpose.
15 Resale rights
15.1 If a Lot is an original work of art, a resale right compensation may be due to the artist on the basis of applicable copyright. In such cases, the Buyer will pay the resale right remuneration regardless of whether the Buyer is a professional art dealer or not. The Buyer will therefore pay the resale right compensation directly to the artist or to the artist's representative, or refund it on first request to the party that has paid the resale right to the artist or the representative. Such reimbursement includes the full resale right remuneration and any other related costs, expenses, fees or taxes.
17 Report of allegedly unlawful material
17.1 Auctionista is not liable for any damage in connection with the unlawful use of the Online Platform or the Service. Auctionista is only, subject to the conditions specified below, obliged to unmistakably remove User Material after receipt of a report.
17.2 Auctionista has established a procedure by which the presence on the Online Platform or the accessibility via the Online Platform and / or the Service of allegedly unlawful User Material or an alleged unlawful activity can be reported to Auctionista.
17.3 Auctionista reserves the right not to accept a request to block or remove Usufruct material or discontinuation of an activity if it has good reason to doubt the correctness of the report or the legality of the evidence provided or if a weighing of interests does not demand this from her. In that context, Auctionista may, for example, require a court ruling from a competent court, which judgment shows that the relevant User Material is unmistakably unlawful.
17.4 Prior to the removal of any unlawful User Material, Auctionista may ask the notifying party to provide the following: additional information showing that the reporting party is indeed the rightful claimant. Auctionista can also ask the reporting party for a signed copy of a statement of compensation for Auctionista.
17.5 Auctionista will in no way be a party to a dispute between the User and any third party that makes a report.
17.6 If the User makes a report, the User indemnifies Auctionista and all companies affiliated with it, as well as its management, directors, employees, representatives and legal successors from any claim by third parties in connection with the blocking or removal of User Material or the discontinuation of activities. The indemnification also applies to all damage that Auctionista suffers, may still suffer or the costs that Auctionista has to incur in connection with such a claim, including - but not limited to - reimbursement of costs for legal assistance.
17.7 Auctionista respects and protects the privacy of those who make reports. All personal information provided to her in the context of a report will always be treated confidentially and will only be used for dealing with the report.
19.1 Auctionista accepts no liability for damage resulting from the provision of the Service, including but not limited to damage arising from or related to the use of the Online Platform and / or the Service or in tort or otherwise to the extent permitted by mandatory law.
19.3 Auctionista can never be held liable for any damage suffered as a result of the conclusion of a Purchase Agreement as a Buyer or as a Seller, including - but not limited to - damage caused by the User having concluded unfavorable agreements, for example because for purchased lots paid more or less than the expected value, or for Objects more or less than the catalog value published on the Online Platform.
19.4 The only action that User can take if he believes that he has suffered damage, is to cease the use of the Service and to remove his Account, subject to the applicability of Article 21.
19.5 In so far as Auctionista, despite the above, would still be liable for damage on any grounds whatsoever, then it is only liable for the compensation of direct damage suffered by the User as a result of a shortcoming or wrongful act attributable to Auctionista. Direct damage is exclusively understood to mean material damage to property, reasonable costs incurred to prevent or limit direct damage and reasonable costs incurred to determine the cause of damage, liability, direct damage and the method of repair.
19.6 If and insofar as Auctionista would be liable for damage on any grounds whatsoever, its liability is in any case limited to the highest of the following amounts: (i) the total of the commissions received by Auctionista from the concerned User in the period from three months prior to the act giving rise to liability or (ii) € 500, - (five hundred euros).
19.7 This limitation of liability does not intend to exclude Auctionista's liability for intent and / or deliberate recklessness of Auctionista itself ("own actions") and / or the management of Auctionista.
19.8 A condition for the existence of any right to compensation is always that the User reports the damage to Auctionista in writing as soon as possible after its occurrence. Any claim for damages against Auctionista expires by the mere expiration of twelve months after the claim arose.
19.9 This Article also extends to all companies affiliated to Auctionista as well as its management, directors, employees, representatives and legal successors.
20 Guarantees? and indemnities
20.2 User guarantees that the Usage Material that it shares via the Service is unencumbered and that there are no Intellectual Property Rights of others, as well as that the User Material does not infringe or is in violation of any right of third parties and that its use is not otherwise unlawful is towards third parties.
20.4 The indemnification obligations in this Article also apply to all companies affiliated to Auctionista, as well as its management, directors, employees, representatives and legal successors.
21 Duration and termination
21.1 User has the right to stop using the Service at any time and remove his Account. Auctionista has the right to refuse the removal of its Account if the User still has to fulfill any obligations (such as payment or delivery obligations) towards Auctionista or other Users or in case there is a chance that any complaints related to recently sold Lots still be reported.
22 Miscellaneous, applicable law and competent court
22.2 Users acknowledge that rules of private international law may have the effect that (also) other law than Dutch law applies to transactions with other Users, in particular on transactions with Consumers.
22.3 All disputes arising between User and Auctionista will be submitted to the competent court in the district of Amsterdam, unless mandatory law stipulates that the dispute must be submitted to another court. With regard to Consumers, disputes shall be submitted to the competent court in the district of Amsterdam, unless the Consumer chooses within one month after Auctionista has appealed this provision in writing to the court that would be competent according to the law.
22.4 In mutual consultation, it may also be decided that a Consumer submits a dispute with Auctionista or with another User to a body for out-of-court dispute resolution (see the website of the ODR-Platform (https://webgate.ec.europa.eu/). odr / main / index.cfm? event = main.home.chooseLanguage) for more information). Such consultations will be conducted by Auctionista in good faith, but they can never be obliged to submit to such procedures.