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General terms and conditions of sale
General Terms and Conditions of Sale of Openbare-verkopen.be BVBA
- By making a bid, every bidder/buyer irrevocably accepts the general terms and conditions of sale and will not be able to rely on ignorance.
- In the event of any disputes, only the court of the district in which theauction is held (where the goods are situated) will have jurisdiction, even if there are multiple defendants. All disputes are settled in accordance with Belgian law.
- Every bid made is binding and cannot be revoked.
- All goods are sold in the condition in which they are, with all visible or hidden defects, if any. The bidders/buyers are supposed to have thoroughly inspected the lots. Even when no viewing day is organised, all goods are sold without a guarantee, even if the condition, the nature, the quantity or the denomination is not in conformity with the description in the catalogue. Any odometer readings or operating hours of vehicles, years of manufacture, dates of first registration or other technical or commercial specifications are only indicative, without any guarantee or responsibility on the part of the seller. Any incorrect description in the catalogue does not give entitlement to cancellation or termination of the sale. Every bidder/buyer acknowledges to be aware of the absence of a right of recourse.Articles 1649 and 1684 of the Belgian Civil Code apply, and this is accepted by the buyer. If the lot is offered by an active company, the legal guarantee scheme and the right of withdrawal apply (unless the buyer is a company)
- The auctioneer, the civil-law notary, the trustee in bankruptcy,the person selling the pledge, the bailiff or other mandataries have the option of checking the identity of the bidders through external databases and verifying the correctness of the data provided on registration. The bailiff/civil-law notary may also check the location from which you are logged in through your IP address. The auctioneer, the civil-law notary, the trustee in bankruptcy,the person selling the pledge, the bailiff or other mandataries may exclude any bidder at any time.
- The auction charges amount to 17% (unless otherwise communicated on the lot) of the purchase amountas a buyer’s premium, plus VAT.
- The highest bidder is the buyer. All disputes will be settled by the auctioneer, the civil-law notary, the trustee in bankruptcy,the person selling the pledge, the bailiff or other mandataries, and there is no right of recourse against this decision. During the auction, the auctioneer, the civil-law notary, the trustee in bankruptcy, the person selling the pledge, the bailiff or other mandataries may at any timeset a minimum bid, cancel the sale with immediate effect, divide, join or delete lots, offer a lot again, refuse bids without stating reasons, withhold lots, exclude bidders from the sale, etc. If this is the case, the auctioneer, the civil-law notary, the trustee in bankruptcy,the person selling the pledge, the bailiff or other mandataries cannot be held to account.
- Every bidder will be bound by his bid, even if his bid is surpassed. If the auctioneer, the civil-law notary, the trustee in bankruptcy, the person selling the pledge, the bailiff or other mandatariesdecide to refuse the bid of the highest bidder, the next highest bidder will be designated as the buyer.
- Every bidder is supposed to buy for his own account and to be jointly and severally liable for this.
- The auctioneer or his employees, the civil-law notary, the trustee in bankruptcy, the person selling the pledge, the bailiff or other mandatariesmay contact the bidders during the auction and ask them to demonstrate their solvency without delay and/or immediatelytransfer an advance of maximum 50% of the full purchase amount. In case of refusal to pay an advance and/or insolvency the auctioneer, the civil-law notary, the trustee in bankruptcy, the person selling the pledge, the bailiff or other mandataries may immediately exclude the bidder from the auction and cancel the bid.
- The final allocation will be madeafter approval from the auctioneer, the civil-law notary, the trustee in bankruptcy, the person selling the pledge, the bailiff or other mandataries, on the date stipulated in the notice of the auction.
- If a bid can be made for the whole, the total bid will only be accepted if this is higher than the sum of the bids for the individual lots.
- If a bid is made during the last 4 minutes of the auction, the remaining time for this lot will again be set to 4 minutes.
- After allocation, the buyers must pay the full amount immediately. The amounts may be transferred to account number (BNP-Paribas) IBAN BE84 1430 6028 1359 BIC GEBABEBB of openbare-verkopen.be bvba with the structured communication that is stated on your final assignment mail. After full payment of the goods, the buyer will receive an invoice on the collection day. The bidder/buyer will only become the owner of the goods after payment in full of the purchase price, including the buyer’s premium and the VAT.
Goods can only be taken away after payment in full of the purchase price, including the buyer’s premium and the VAT.If the payment has not been transferred before the date indicated in the additional conditions, theauctioneer, the civil-law notary, the trustee in bankruptcy,the person selling the pledge, the bailiff or other mandataries decide whether to put up the lot for auction again orallocateit to the second highest bidder.
- Folle enchère:in case of refusal to pay or of insolvency, the auctioneer, bailiff or civil-law notary will decide whether to put up the lot for auction again orallocate it to the second highest bidder.The person unwilling or unable to pay will vouch for the damage suffered and will never be able toclaim the higher price where applicable.
- Everyone will be bound to their purchase, even if another person is reported as being the buyer. Goods that are not collected before the date indicated in the additional terms and conditions without written permission from openbare-verkopen.be bvba may, without notice, be sold on or removed at the expense of the buyer, without repaying the purchase price.The costs for the disposing of and any destruction of these goods will be recovered from the buyer.
- EU buyers with a valid and verifiable VAT number in their country of origin do not have to pay VAT on their purchase if, on collection of the goods, they draw up a written statement with regard to the transfer of these goods outside Belgium. EU buyers that are not subject to taxation and buyers from outside the EU (export) always have to pay VAT. The VAT paid by the buyers from outside the EU (export) will, on production of a valid export document,be refunded by openbare-verkopen.be bvba within 14 (fourteen) days after allocation. This does not apply to the VAT on the auction charges. This must be paid at all times.
- From the time of allocation, all goods will be at the expense and risk of the buyer. Openbare-verkopen.be bvba, the auctioneer, the seller (owner), the bailiff/civil-law notary,the trustee in bankruptcy, the person selling the pledge or other mandataries are not liable in the event of theft, fire, accident, damage by wateror any other damage.
- Everyone attending the viewing days and collection days will be present at their own risk.
- Buyers must remove the bought lots in a professional manner and at their own risk and expense, without causing damage to the buildings and the other lots. The buyer will be exclusively liable for this removal. The buyer will also be responsible for his assistants or employees when removing these goods. Burning, welding and grinding without having taken out adequate insurance for this is prohibited.
- Buyers who have bought lots that make taking out other lots difficult or impossible must collect these lots on the first day of collection, without any interruption.
- If the owner of the buildings or third partiesexercise any rights to a specific lot before this lot is collected by the buyer, openbare-verkopen.be bvba may cancel the sale, provided thatopenbare-verkopen.be bvba fully repays the amount paid for the relevant lot. However, the buyer will be unable to exercise any other rightsor claim compensation for damage.
- By registering, the user acknowledges to have taken note of the general terms and conditions of sale of openbare-verkopen.be bvba.