General Terms and Conditions

Register number Chamber of Commerce: 59496193
General terms and conditions of Valkom Veilingen, having its registered office at Kadijk 6, 8531 XD in Lemmer, The Netherlands listed in the register of the Chamber of Commerce in Leeuwarden under file number: 59496193 (Hereinafter: ‘Valkom’)

Article 1
Definitions 
Acceptance: the explicit written statement of Valkom to the Bidder that the made Bid on a Lot, upon payment of the Purchase-amount, has been accepted. Acceptance can take place by receiving the invoice of Valkom.
Auction: the public sale of one or more lots organized by Valkom on a certain date.
Bid: an irrevocable amount offered by the User on a Lot.
Bidder: the User who make a Bid on a Lot.
Buyer: the one who has closed the purchase-agreement with Valkom.
Buyers-Premium: an upfront known percentage additional charge on a Bid of a lot. This percentage is standard 15% and exclusive the value added taxes. A different Buyer-Premium will be mentioned in the Special Auction Conditions.
Lot: one or more objects that are auctioned under one number.
Personal information: the information provided by the User during Registration at Valkom, in order to make a Bid, is traceable to his or her person, as among others name, address, city and e-mailaddress.
Private sale: the public sale of one or more lots organized by Valkom, whereby Valkom can accept each Bid immediately, without organizing an Auction.
Purchase-agreement: an agreement between the Bidder and Valkom that occurs after Acceptance.
Purchase-amount: the Bid that has been accepted by Valkom increased with the Buyer’s Premium and value added tax.
Registration: filling in the complete registration form by the User and the following confirmation of Valkom.
Special Auction Conditions: Next to, in complementary to or in deviation of the General Terms and Conditions, the Special Auction Conditions apply to taking part on an specific Auction, mentioned to each specific auction.
User: the person who has registered on the Website.
User’s-agreement: the agreement between the User and Valkom.
Website: the websites www.valkom.nl, www.valkom.de and www.valkom.eu, which are maintained by Valkom.

Article 2 
The user agreement
2.1) The user agreement is concluded by registration only and this is not transferable.
2.2) Valkom offers the user the possibility to place bids on-line on the lots/goods (auction by sale). Bids are placed exclusive of VAT and buyer premium.
2.3) The user guarantees that the information and data provided in the registration are accurate and complete. The user is required to notify Valkom immediately of any change(s) in the data provided.
2.4) Valkom reserves the right to refuse and/or terminate registration.
2.5) Valkom reserves the right to close or extend an auction in deviation from the date and time specified on the website
2.6) Valkom hereby excludes each and any liability for any loss and damage arising from, directly and/or indirectly, including but not limited to loss and damage arising from the user agreement and the use of the website unless such loss or damage has been caused by wilfulness or deliberate recklessness on Valkom’s part. More in particular Valkom does not accept liability for whatever loss or damage caused by and/or arising from:

- acts by the user that were allegedly inspired by information on the website.
- the impossibility to use the website (fully).
- the lots/goods non-compliance with the specifications on the website.
- the fact that the information on the website is inaccurate, incomplete or not up-to-date.
- software errors.
- the unlawful use of the Valkom systems, including the websites, by a third party.
- acts by the seller after the user has entered into a contract of sale with the former.

Article 3
Bid

3.1) Bid made will be unconditional and irrevocable.
3.2) If a single bid comes from several parties together, these shall be jointly and severally liable for the bid itself for compliance with all the obligations deriving from participation in the auction.

Article 4
Contract of Sale

4.1) The Contract of Sale is concluded upon acceptance, with the seller selling the goods to the buyer, and the buyer buying the goods from the seller at the purchase price. The risk in the goods passes upon acceptance.
4.2) As soon as the user/buyer has satisfied all his payment obligations as afore-stated, the buyer may collect at his own expenses the lot(s)/goods concerned at the hours and place fixed by Valkom by showing a proper identification document and written authorization issued by Valkom. The buyer will be under obligation to collect not later than on the date as stated in the special auction conditions or notified during the auction. Valkom may determine at its discretion that certain lot(s) may only be collected after delivery of other lots.

Article 5
Payment Obligations of the Purchase

5.1) At the request of Valkom, immediately after the allotment, every buyer shall pay the 50% of the purchase price. Valkom would ask for a bank guarantee, if it was necessary, in order to cover this cautionary deposit.
5.2) In case buyer would not make the payment, Valkom and the seller shall keep any deposit which the buyer has already paid as a penalty, subject to compensation for the greater loss incurred and further debts to Valkom for services rendered.

Article 6
Delivery

6.1) As soon as the purchaser has satisfied all his payment obligations as afore-stated, the purchaser may (have) collect(ed) at his own expenses the lot(s) concerned at the hours and place fixed by Valkom by showing a proper identification document and written authorization issued by Valkom. The purchaser will be under the obligation to collect not later than on the date as stated in the special auction conditions or notified during the auction. Valkom may determine at its discretion that certain lot(s) may only be collected after delivery of other lots.
6.2) The purchaser, whose lot(s) impede(s) the collection of other lots, will be under the obligation to take care of this picking up of his lot(s) immediately after a notice by Valkom to the address stated by the purchaser, in default of which Valkom will be authorized to have this collected and to have possible storage performed for the account and risk of the purchaser.
6.3) The purchaser will be under the obligation to carefully and expertly dismantle and/or demolish at his own expenses and prompt collect his lot, and will be under the obligation to act – if there should be any – on the instructions of the seller and/or of Valkom, and/or the person appointed for the purpose, and shall be solely responsible for any damage caused to third parties during such operations and for any lack of the necessary administrative permits and authorizations. He will furthermore be under the obligation to release Valkom and the seller from any claim of third parties resulting from that dismantling, that demolishing and/or the collection.
6.4) Should be necessary to perform breaking works on buildings for the removal of (a) lot(s) allotted, this may only take place after previous consultation with and consent of Valkom and under the terms made by it on granting the permission.
6.5) Valkom reserves the right to require the purchaser to pay appropriate caution money to guarantee payment for any damage which may be caused during the dismantling, disassembly and/or removal operations.

Article 7
Dissolution

7.1) If the buyer fails to comply with his obligations under the contract of sale, including late collection of the goods or if s/he refuses delivery and/or refuses to provide the information required for delivery, the contract of sale will be dissolved by operation of the law and the buyer will be free to award the goods to someone else.

Article 8
Guarantee, Indemnity and Discharge

8.1) Valkom and/or the seller do not give any guarantees whatsoever regarding the goods and any claims of third parties in that respect.
8.2) The goods will be sold in the condition in which they were on the date of Acceptance, with all the attached risks and rewards. Valkom and/or the seller do not provide any indemnity for visible or hidden defects or guarantees regarding completeness, numbers, functioning, usability, saleability, the presence or absence of rights or claims of third parties and/or the possibilities of transfer to third parties. Defects, of whatever nature, disappointment of the buyer and/or the acquiring third parties do not entitle to compensation (of loss) and/or set-off.
8.3) The user hereby indemnifies Valkom and/or the seller against any claims of a third party in connection with the transaction as defined in the Contract of Sale and the entering into and contents of the Contract of Sale.

Article 9
Privacy

9.1) Valkom will enter the personal data provided into records kept for that purpose.
9.2) Valkom will use those data for its own personal interest only and for the purposes of the Contract of Sale. Valkom will not provide the data to third parties without the user’s consent, save if Valkom is required to do so by law or by order of the competent authorities.

Article 10
Final Provisions

10.1) The invalidity, unlawfulness or unenforceability of any provision of the user agreement or the Contract of Sale will not affect the validity, lawfulness or enforceability of the other provisions in any way whatsoever. If and to the extent that no arrangement has been made or measure taken for a particular, crucial situation the parties will consult as soon as possible and try to reach agreement about additions or changes to the user agreement or the Contract of Sale that approximate the arrangements set out herein as much as possible.
10.2) Insofar as permitted by law, the user and the buyer hereby waive their right to cancel and/or dissolve the user agreement and/or the Contract of Sale.
10.3) The user agreement and the Contract of Sale are governed by Dutch law. Any disputes arising from and related to the user Agreement and the Contract of Sale will be submitted by exclusion to the competent Court of Leeuwarden.

Article 11
Applicability of General Terms and Conditions

11.1) If and to the extent that any provision of these general terms and conditions is null and void or is nullified the other provisions of these general terms and conditions will remain fully effective. In that case Valkom will adopt a new provision to replace the void/nullified provision, seeking to approximate the purport of that latter provision as much as possible.
11.2) The Dutch version will prevail in the interpretation of the contents of these general terms and conditions.
11.3) These general terms and conditions may be deviated from only by means of a written document signed by an authorised representative of Valkom.
11.4) In addition to these general terms and conditions Valkom may declare special auction terms applicable. Special auction terms will be made public prior to the auction, at any rate prior to the auction of the Goods to which they relate. If and to the extent that Valkom’s special auction terms are in conflict with these general terms and conditions, the provisions of the former will prevail.
11.5) Valkom reserves the right to change these general terms and conditions. Changes will take effect 24 hours after they have been notified to the User by e-mail. The general terms and conditions as amended will replace all previous general terms and conditions, unless expressly stated otherwise by Valkom.
11.6) Any dispute related to the services and/or these general terms and conditions will be submitted by exclusion to the competent Court of Leeuwarden.
11.7) The services and these general terms and conditions will be governed by Dutch law entirely.