TERMS AND CONDITIONS
Article 1: application of general conditions
These conditions apply to every auction held by I&O - Auctions and to every registration by an aspiring buyer as stated in art. 2 of this agreement.
By participating in the auction and by bidding, each bidder / buyer accepts these general conditions without reservation, excluding the general or special purchase conditions applied by the bidder / buyer and without being able to invoke any ignorance.
Each bidder indicates through registration via the form provided on the website of www.io-auctions.com, www.io-auctions.be or www.io-auctions.nl, to agree with these conditions.
When the conditions are changed in the interim, the auctions held after this change are controlled by the new version.
Article 2: parties
I & O Auctions is the organizer of the internet auction and of the collection of the sold goods.
The Contributor is the party that sells goods through an internet auction and that can have the status of company (producer, importer, distributor of goods), curator or liquidator. The contributor may also be a "non-merchant". The contributor is the selling party.
The name and address of the contributor - if this is a company - is mentioned for each auction, or in the salutation if there is only one contributor, or for each batch or series of lots if there are several contributors.
The prospective buyer or bidder is any person who has registered and participates in the auction.
The buyer is the person to whom the goods are assigned at the end of the auction.
The bidder and the buyer can act either professionally or as a private person/consumer.
The general terms and conditions applicable to the internet auction differ according to whether the contributor acts professionally or not and according to whether the bidder and the buyer are or are not a consumer in the sense of the law on market practices.
types of sales and used abbreviations:
- Sale by a company to trader or legal person: B2B
- Sale by a company to natural person consumer: B2C
- Sale by natural person who is not a trader to the consumer: C2C
- Sale by natural person who is not a trader to a company or legal entity: C2B
Article 3: conditions for participation in the auction
The prospective buyer must be of age and competent to perform legal acts.
The prospective buyer must register I&O - Auctions before the start of the auction by means of the registration form and on first request must legitimize in a proper manner in the absence of which he is not entitled to participate in the auction.
The prospective buyer guarantees the correctness of the data he fills in on the form.
I&O - Auctions and the bailiff have the possibility to check the identity of the bidder and they can check the correctness of the data at the registration.
Control via the IP address is possible.
I&O - Auctions and the bailiff can ask the prospective buyer to prove his creditworthiness.
I&O - Auctions and the bailiff can exclude any bidder at any time, without being obliged to justify this decision.
The username and password that the prospective buyer uses at an auction are strictly personal and may not be transferred to third parties.
Article 4: privacy statement
The prospective buyer grants I&O - Auctions permission to keep the data that the buyer provides with the registration referred to in Article 2 for the following purposes:
- providing services
- handling of bids
- giving information about auctions
- inform the prospective buyer about the changes to the auction website
- to provide information to third parties on the basis of a legal obligation or a court order.
The prospective buyer always has the possibility to unsubscribe from the mailing list.
Article 5: state of the sold goods
All goods are sold in the condition they are in with all their visible or invisible defects.
The prospective buyers and the buyers are expected to thoroughly inspect and know the lots.
Except in case of B2C sales no guarantee are given on the sold goods, any inaccuracies in the description of the goods on the website give no possibility of redress.
In the case of new products that are not consumer items, the contractual guarantee provided by the contributor and/or the manufacturer or importer is applicable.
For B2C sales the legal guarantee for hidden defects remains applicable as well as the obligation to deliver a good that is in conformity with the purchased goods. Any non-conformity of the delivered goods with the ordered must be reported to I&O Auctions within 8 days of delivery, on penalty of forfeiture.
Any guarantee obligation must be fulfilled by the contributor; I&O Auctions only has a mediating role and will, if necessary, connect the buyer with the contributor.
Numerical data such as mileages, operating hours or years of construction or technical specifications are only provided as indicative without any guarantee from I&O - Auctions or its client.
I&O - Auctions is not responsible for the lack of vehicle registration documents.
Article 6: auction procedure - conclusion of the sale:
The preparation and execution of the auction are exclusively arranged by I&O - Auctions, together with the bailiff, if necessary.
I&O - Auctions can set a minimum bid before and during the auction and at any time.
I&O - Auctions can cancel the auction in whole or in part, split lots, merge them, have them expire, withhold lots or offer them again, exclude the bidders from the auction, refuse bids without being accountable for them and generally do all actions that they deem necessary for the smooth running of the auction.
I&O - Auctions or the welded bailiff are not responsible for this.
I&O - Auctions determines the time at which the auction is started and on which it ends. These times are announced before the start of the auction.
I&O - Auctions has the right to have the auction end sooner or later than initially foreseen.
The highest bidder at the conclusion of the auction for the lot concerned is the buyer.
I&O - Auctions can offer a ticket subject to the granting of it by itself, the bailiff or the curator. This is stated in the description of the lot concerned on the website before the start of the auction.
In that case, the sale is final only after a confirmation of award has been submitted. In the case of B2C sales, the buyer has the right to refuse the award, provided that I&O Auctions within 48 hours of this notice and without prejudice to the right of withdrawal.
Everyone who makes an offer will be bound by it, even if a higher offer is made. The bidder’s obligation lapses after I&O - Auctions has made the auction application of article 6.2. of these terms and conditions.
If I&O - Auctions or the bailiff decides not to accept the bid from the highest bidder, the person who has the second highest bid will be appointed as the buyer.
Everyone is expected to bid and buy for himself and is jointly and severally liable for the payment of the purchase price even if a person other than the bidder is specified as the buyer.
The purchase is made at the seat of I&O - Auctions in Ravels by the allocation to the bidder.
Article 7: price and costs - payment
The purchase price is increased by 17% premium as well as the VAT on the total amount.
The purchase price must be paid immediately after the allocation by deposit on the section account of I&O - Auctions which is specified per auction
The buyer will receive an e-mail with an indication of his customer number.
Payment must be made without discount or any settlement.
The invoice is handed over after full payment.
The transfer of ownership only takes place after full payment of purchase price, premium and VAT and only then can the goods be collected on the delivery date.
If the buyer is in default to pay on time, the lot can be assigned to the second highest bidder or it can be auctioned again, this at the choise of I&O Auctions that can exercise this right if the buyer has not fully paid within 5 days. If you do not pay your awarded lot (s) within the set period, the sale will be dissolved and you will be fined. From that moment on you can no longer claim the lot (s).
Principal amount (amount offered excl. premium)
< € 4.537,80
> € 4.537,80 < € 22.689,01
> € 22.689,01 < € 113.445,05
> € 113.445,05
If the buyer does not fulfill his obligations to the satisfaction of the I&O - Auctions, he must provide for the lack of registration on the first registration of I&O - Auctions, within the period to be set. Failing this, I&O - Auctions can do that which is necessary for him. The costs of this are for the account of the buyer, all this without prejudice to the other rights of I&O - Auctions due to the non - fulfillment of the obligations by the buyer.
Article 8: delivery and collection
The delivery is made by the buyer picking up the goods or a third party appointed by him at the address specified for each auction; I&O - Actions and/or the contributor do not guarantee delivery at the place of residence or at the registered office of the buyer. Transport costs are therefore not included in the price.
The delivery is made on the collection day and made known to the prospective buyers before the start of the auction and at the place determined by I&O - Auctions and within the hours indicated by it.
The collection day always takes place at the latest 30 days after the day on which the auction was closed.
The collection consists of making the purchased items available to the buyer.
The delivery is deemed to have been made on the collection day and the buyer bears the risk of a purchased item from the day following the collection day, this without prejudice to the timely application of the right of withdrawal by the buyer during a B2C sale.
The delivery can only take place provided that the full purchase price and the costs are fully paid in advance.
If the buyer does not pick up the goods on the expected collection date, without the written permission of I&O-Auctions, these will be stored by I&O - Auctions at the risk of the buyer. The buyer is obliged to pay all additional costs, including in any case storage costs, transport costs and dismantling costs to I&O-Auctions, this without prejudice to the timely application of the right of withdrawal by the buyer during a B2C sale.
Delivery can only take place after the aforementioned costs have been paid.
If the buyer is still in default not later than one month after the scheduled date for the collection, the goods will be sold on or removed from the buyer. All costs associated with storage and resale will be deducted from the sum paid by the buyer.
The costs for eviction and possible destruction are due by the defaulting buyer.
The buyer must take the necessary caution when collecting the purchased items and follow the instructions of I&O - Auctions.
If disassembly is necessary, this is done at the expense and risk of the buyer who must do this in a professional manner.
The buyer must ensure that the removal is done without damage to buildings and other lots at his expense and risk.
I&O - Auctions can instruct the buyer to remove the lots purchased by him first in order not to complicate the collection of the other lots.
Without prejudice to the provisions of article 8, dissolution of the sale of a lot can take place in case of collection by I&O - Auctions and the buyer it is jointly established that the lot does not have the property (s) of the existence of which I&O - Auctions has also assumed however, quantities or parts have to be added to the lot, as a result of which no more delivery can take place in accordance with the lot description; all this without I&O - Auctions being obliged to pay any compensation to the buyer.
Article 9: foreign buyers
Buyers from the EU with a valid VAT number in the country of origin do not have to pay VAT on their purchase on presentation of a valid legal document concerning the transfer of the goods outside Belgium.
VAT paid by buyers from outside the EU for export can be refunded on presentation of a valid export document and subject to correct compliance with all further legal provisions.
The refund will be made within 14 days.
Article 10: retention of title
If third parties as well as the client assert rights to a lot before it has been collected by the buyer, I&O - Auctions can decide to dissolve the sale provided full repayment of the amount paid by the buyer.
The buyer can not assert any other rights or claim compensation.
Article 11: liability
The liability of I&O - Auctions and its contributor is in any case and always limited to the amount of the payment made by the liability insurance, possibly increased by the amount of the deductible.
This restriction does not apply in case of intent and / or gross negligence of I&O - Auctions.
I&O - Auctions and its client are not liable for consequential damage such as - but not limited to - damage in the form of loss of profit or loss on the general costs.
Any claim for compensation must be submitted to I&O - Auctions by registered mail within one month after the damage caused.
Article 12: security of the website and data
I&O - Auctions is committed to protecting the website and its system against the loss of data and against any form of unlawful use, taking into account the state of the technology.
I&O - Auctions can not be held liable for the loss of data, damage to files, hacking, viruses spread through its system and website, unlawful programs or files or for any other harmful consequence of the use of the website.
I&O - Auctions is not liable if the website does not work or does not work completely due to technical reasons or malfunctions.
I&O - Auctions decides which measures have to be taken, such as extending or restarting the auction.
Such disruptions can not give rise to any claim for compensation from I&O - Auctions.
Article 13: disputes - applicable law
In the event of a possible dispute, the Belgian courts and in particular the court in Turnhout are exlusively autherized.
In the case of a B2C sale, the court of the domicile or residence of the buyer is authorized to the extent that this buyer has a domicile or residence in Belgium and without prejudice to the rules of jurisdiction provided for in the applicable international conventions.
Belgian law applies to these terms and conditions and to every agreement between I&O - Auctions and the buyer.
In case there are differences between the translations of these conditions and the Dutch text, only the Dutch text is legally valid.
Article 14: professional law
The buyer - consumer with a B2C purchase has a right to withdrawal for 14 calendar days. This right can be exercised without stating a motive and without any penalty being owed. Only the costs associated with the return of the goods must be owned by the concerned buyer.
The period of 14 days starts on the day after the delivery as befor stated in article 8 of this agreement.
The cancellation must be sent to I&O Auctions in writing or by a durable carrier before the expiry of this period.
The right of withdrawal does not apply in case of:
- goods which by their nature can not be returned or which can spoil or age quickly;
- supply of audio and video recordings and computer software whose seal has been broken by the consumer;
- delivery of newspapers, tabloids or magazines;
- supply of goods whose price is subject to fluctuations on the financial markets;
- supply of alcoholic beverages, the value of which depends on fluctuations on the market;
The payments made by the buyer will be refunded after I&O Auctions has received the goods in question back in their original condition. Buyer may have inspected the goods only to determine the nature, characteristics and functioning of the goods and must pay due care to the goods and the packaging. Except for the inspection as described here, the consumer is responsible for the devaluation caused by the use of the good.
This article does not apply to C2C or B2B sales.
Article 15: final provision
If and insofar as any provision of these terms and conditions is null and void, the other provisions of the conditions remain in full force.
I&O - Auctions will determine a new provision to replace the void or voided provision with the same effect.
If any provision of the agreement or the general terms and conditions is invalid, unlawful or unenforceable, this will in no way affect or reduce the validity, legality and enforceability of the other provisions.
Article 16: translations
All translations are not legally binding. Legally binding and relevant, particaluary in the case of any discrepancy, is solely the dutch text.