Terms and Conditions
GENERAL TERMS AND CONDITIONS
THE COLLECTABLES
These General Terms and Conditions, together with our Privacy Statement, apply to all use of our Online Platform. By using the Online Platform you agree to the applicability of the General Terms and Conditions and the Privacy Statement. You can read the documents online and also download and/or print them. All users of our Online Platform must accept and agree to be bound by our Terms and Conditions. In case of contradictions, the Dutch language version will prevail.
The Collectables can adjust the General Terms and Conditions and the Privacy Statement. You will always find the most recent versions of the documents on the Online Platform. We will inform you about important changes via the Online Platform and by email. By continuing to use the Online Platform after making a change, you agree to that change.
In our FAQ's we answer many frequently asked questions. The FAQ's and further information on the Online Platform also provide a concrete and less legal explanation of our General Terms and Conditions, so be sure to read them carefully. If you have any questions for us, you can ask them via [email protected]. Also any suggestions - they are always very welcome! - you can go there.
You can submit reports about (suspected) unlawful information or actions via [email protected].
All questions regarding the use of your personal data can be directed to [email protected].
The General Terms and Conditions consist of several parts:
A. General
B. Forum
C. Auction
D. Terms and Conditions for Sellers
E. Buyer Terms and Conditions
A. GENERAL
Article 1. Definitions
We use a number of definitions in the General Terms and Conditions and the Privacy Statement. These are the words written with a capital letter, which can be used in both singular and plural. These definitions have the following meanings:
Application form: the online form to be completed by a potential Seller, with which you contact The Collectables about the admission of your collectable as a Lot at the Auction.
General Terms and Conditions: this set of terms and conditions.
Lot: the lot, a so-called collectable, that is auctioned on the Online Platform.
Service: the services that The Collectables offers to Users via the Online Platform.
Forum: the part of the Online Platform on which Users can post messages about a Lot and respond to each other's messages.
User: any natural or legal person who uses the Online Platform. The User is referred to as “he” in these General Terms and Conditions, but this of course also includes female visitors to the Online Platform.
Buyer: the User who wants to place a bid on a Lot offered on the Online Platform, whereby the Buyer with the Winning Bid will purchase the Lot if the lot is awarded.
Minimum Sales Price: the minimum sales price of the Lot indicated by the Seller and to be kept secret (unless shown with the lot) (the 'Reserve').
Online Platform: the environment that can be reached, among other things, via the URL www.TheCollectables.nl, of which the Auction is a part.
Privacy Statement: the conditions you will find here that apply to the way in which we handle your personal data.
The Collectables: the private company The Collectables B.V., with offices and registered office at Heteren.
Auction: the process in which a Lot is offered for sale by the Seller via the Online Platform by means of bidding.
Auction Agreement: the agreement between The Collectables and a Seller regarding the Auction of that Seller's Lot.
Seller: the User who offers his lot for auction on the Online Platform.
Winning Bid: the highest lawful and timely bid that is above the Minimum Sales Price or the highest bid still accepted by the Seller - in the absence of a bid above the Minimum Sales Price.
Article 2. The Online Platform
2.1
The Collectables is the provider of the Online Platform. On the Online Platform you can view Lots and other information, post messages on the Forum, register as a Buyer or register as a Seller using the Application Form and participate in an Auction as a Buyer or Seller. The Collectables facilitates the Auction via the Online Platform where a Seller offers a Lot for sale to potential Buyers.
2.2
The Online Platform and the Services offered on it are offered as you find them at the time of use ("as is"). The Collectables makes no guarantees or commitments about specific functionality or features, or the completeness, accuracy, quality or integrity of the Online Platform. Faults and/or interruptions
Events may occur and, if a malfunction or interruption occurs, The Collectables will of course make every effort to resolve it as quickly as possible, but it does not guarantee the resolution time and excludes any liability for the consequences of unavailability. are from the Online Platform or a Service.
2.3
In order to make full use of the Online Platform, you must create a profile. You are responsible for maintaining the confidentiality of your username and password. If you suspect that someone is making unauthorized use of your username and/or password, you must change your details immediately. We also ask you to report this via [email protected], so that we can take appropriate measures. Bids made under your account are binding, even if someone else has entered them.
2.4
You acknowledge that, in addition to the measures that The Collectables can take under the law, the General Terms and Conditions and possibly the Auction Agreement, The Collectables may temporarily or permanently deny access to the Online Platform in the event of irregularities found.
2.5
In addition to the applicable laws and regulations, our Privacy Statement applies to the processing of your data, which you can view on our website and download and/or print if desired.
Article 3. Information and Intellectual Property Rights
3.1
The use of the Online Platform does not lead to the transfer of intellectual property rights (such as copyrights, trademark rights and the like). These are and remain the property of the original rights holder(s).
3.2
The User who shares information (texts, images and the like) via or for the Online Platform guarantees that that information is correct and not unlawful and he guarantees that he has the right to make that information available. By sharing information, the User grants The Collectables a non-exclusive, irrevocable and perpetual free license to use that information for the Online Platform.
3.3
The User fully indemnifies The Collectables against claims from third parties and will fully compensate the damage caused by the User's failure to comply with the obligations in the previous paragraph, including reasonable costs for legal assistance, repairs, storage, etc.
3.4
The Online Platform and all content on it (that does not originate from Users) belongs to The Collectables or its licensor(s). It is not permitted to publish or reproduce (copy, distribute, edit and the like) (parts of) the Online Platform or this content without prior written permission from The Collectables.
Article 4. Reporting (Suspected) Unlawful Content
4.1
If you believe that unlawful content is offered on the Online Platform or unlawful conduct is taking place, you can report this via [email protected].
4.2
The Collectables will investigate whether there is undeniably unlawful information or unlawful action. If that is the case, the information will be deleted and/or the action will be blocked. The Collectables is not obliged to remove information or block actions based on a report. If it is not clear, The Collectables can demand that a judge make a ruling to determine whether it concerns unlawful information or unlawful actions.
Article 5. Liability and Indemnification
5.1
You acknowledge that The Collectables is only the provider of the Online Platform and is therefore not responsible and/or liable for the information shared by Users as well as the behavior of Users, including Buyers and Sellers, during and after Auctions.
5.2
- The Collectables cannot be held liable for any issues beyond our control or for any actions we take to keep our Online Platform safe and secure. This includes, but is not limited to, any damage caused by:
- Providing false or inaccurate account information or failing to share requested information;
- Offering our services on our Online Platform;
- Actions that violate our Terms and Conditions and unlawful use of our Online Platform;
- Inaccessibility, technical problems or other problems that limit access to the Online Platform;
- The condition and/or operation of objects purchased through The Collectables;
- The performance, formation, cancellation or termination of the sales contract, including the enforcement of our rights under the sales contract. The User can take measures himself to prevent or limit liability through the use of the Online Platform and delete any created profile.
5.3
In the event that The Collectables can be held liable for damage suffered by a User as a result of using the Online Platform, that liability is limited to compensation for direct damage, whereby the amount can never exceed EUR 10,000. = (in words: ten thousand euros). Direct damage is exclusively understood to mean: material property damage, financial loss and the reasonable costs incurred to prevent or limit direct damage as well as the reasonable costs to determine the cause and liability of the direct damage. This does not exclude our liability for gross negligence or willful misconduct by us or for damage resulting from injury to life, body or health.
5.4
You fully indemnify The Collectables against claims from third parties due to your use of the Online Platform and/or the Service and you will fully compensate The Collectables for any damage, including reasonable costs for legal assistance.
5.6
You accept that The Collectables can limit, suspend or terminate your use of the Online Platform and/or the Service at any time, in order to prevent or limit (suspected) damage, without prior notification or explanation. The Collectables will therefore never be liable to you.
Article 6. Payments and fees
6.1
The Collectables charges a commission to the Buyer (amount: see the Online Platform) when a purchase agreement for a Lot is concluded and not to the Seller. The commission is also due if a Buyer and Seller still complete a transaction of a Lot offered without our involvement during or after the auction.
The seller pays The Collectables in advance the fees as agreed for photography, research, etc.
6.2
All amounts stated on the Online Platform are in Euros (EUR) and include VAT, unless stated otherwise.
6.3
Payments to The Collectables can possibly take place through the secure environment of payment provider Mollie or via an invoice from The Collectables. The terms and conditions of the payment provider(s) apply to the (execution of) payments and everything related thereto. The Collectables is not liable for the use or inability to use the payment environment of the payment provider(s).
6.4
The Collectables can set certain conditions, such as (down) payment in advance, guarantee by means of payment by credit card or providing an authorization for direct debit.
Article 7. Varia
7.1
If any provisions of the General Terms and Conditions prove to be (partially) invalid, the other provisions will remain in full force between you and The Collectables. We will replace the invalid provisions with valid Terms.
7.2
The Collectables is entitled to transfer the rights and obligations towards you to a third party. She will inform you about this. If you object to this, you can delete your profile and stop using the Online Platform and/or the Service.
7.3
Dutch law applies to the General Terms and Conditions and all disputes arising from or related thereto. Where provisions of mandatory law apply in another country, The Collectables will respect this. Disputes will be submitted exclusively to the competent court in the District of Rotterdam, unless mandatory provisions of law prescribe otherwise.
B. FORUM
Article 8. Forum and Content
8.1
To use the Forum you must register on the Online Platform.
8.2
You are responsible and liable for the content you post to the Forum. The content must be factually correct and honest and may not offend, discriminate, incite violence, act illegally or harass certain (groups of) persons or, in the opinion of The Collectables, be contrary to public order or morality. You may not use the Forum for commercial activities. The content will not detract from the honor or good name of The Collectables and the persons associated with it.
8.3
You guarantee that you have the right to post the content on the Forum and that the content does not infringe the (intellectual property) rights of the copyright holder
8.4
You will not post personal data of others without the permission of that other person.
8.5
You fully indemnify The Collectables against claims from third parties and will fully compensate the damage caused by failure to comply with the obligations in this article, including reasonable costs for legal assistance.
8.6
You understand and accept that The Collectables is not responsible for what is posted on the Forum via a User. If you believe that there is an unlawful message, in the broadest sense of the word, a report can be made via [email protected] (see also Article 4).
C. AUCTION
Article 9. Offering Lots at the Auction
9.1
The Seller registers his lot by means of the Application Form (see also under D: For Sellers).
9.2
The Collectables team determines whether a lot is actually accepted to be offered as a Lot at the Auction. If the Lot is accepted, the Seller and The Collectables will conclude an Auction Agreement. If the lot does not meet the requirements set by The Collectables, The Collectables will actively search within its own network for an alternative
9.3
The Collectables will accompany a Lot with accompanying texts and/or a personal impression of one of the team members of The Collectables. Such an impression can never be regarded as an (expert) opinion of The Collectables (or the relevant team member) about the (technical) condition or value of the Lot. A Buyer can therefore never claim any compensation from The Collectables due to an allegedly incorrect presentation by The Collectables of a certain Lot.
9.4
A Lot must be offered exclusively at the Auction and cannot be withdrawn once it has been registered. If the Seller nevertheless withdraws the Lot, the amount is due as stated in the Auction Agreement.
Article 10. Bidding on Lots
10.1
If you want to bid on a Lot, you must create a profile as indicated on the Online Platform and then successfully complete the iDIN verification.
10.2
You may not bid on Lots offered by yourself as a Seller, nor may you encourage others to bid on your Lots with the aim of inflating the price of the Lot. Should it turn out that the Seller is the highest bidder, the commission will still apply.
Article 11. Auction
11.1
The Lots that are offered through the Auction are announced on the Online Platform. A Lot can be physically viewed by potential Buyers during the specified period (including at least one weekend) in consultation. Potential Buyers can also make an appointment with the Seller about the possibilities of having an expert assess the (technical) condition and value of the Lot.
11.2
The Lot will be offered at the Auction during the specified period. Buyers may bid for the Item manually or automatically, subject to applicable minimum increments per bid.
11.3 The Seller can indicate whether there is a Minimum Sales Price. A reserve price is the lowest price for which the seller is willing to sell an item in the auction. If the minimum price has not been achieved at the end of the auction, the item may not be sold and no sales contract will be concluded. The amount of the Minimum Sales Price is not disclosed unless otherwise agreed. It is known whether there is a Minimum Sales Price; this is standard, if not, the lot will say: NO RESERVE. The Seller may adjust the Minimum Sales Price downwards during or after the term of the Auction, in consultation with The Collectables.
11.4 The Auction closes as soon as the indicated end time has been reached, unless a new bid is made in the last 2 minutes before the end time. In that case, up to 2 minutes of extra time will be added. Every time a bid is placed during this extra time, the safe is extended another 2 minutes. The Collectables reserves the right to manually extend the auction without giving reasons
11.5 The Buyer who has placed the Winning Bid at the close of the Auction is the winner of the Auction and will purchase the Lot from the Seller for the amount of the Winning Bid, if the lot is awarded by the seller within 48 hours after the end of the Auction. the auction. The Collectables reserves the right to postpone the award and will notify the bidder with the winning bid within 48 hours of the end of the auction. The Seller has the choice (except in the case of a no-reserve auction) in consultation with The Collectables to withdraw the Lot or to agree to the highest bid. In the latter case, the highest bid counts as the Winning Bid. The Seller has the right to accept a bid before the Auction closes. If the winning bid is not accepted by the seller, The Collectables, i.o.c. the Seller will make every effort to complete the transaction by asking the highest bidder for a final bid. The Seller must realize that if the highest bidder refuses, he can no longer claim the highest bid.
Article 12. Purchase agreement
12.1
The Collectables do not own the objects offered or sold on our Online Platform and are not involved in the actual transaction between buyers and sellers. The Buyer (see also Article 11.5) and the Seller enter into a purchase agreement with each other directly with regard to the Lot.
12.2
The Collectables is not a party to (the creation of) the purchase agreement and during its implementation. This means, among other things, that if the Buyer does not fulfill its obligations (including payment) to the Seller, the Seller cannot hold The Collectables liable for this. Nor can the Buyer hold The Collectables liable if the Seller does not fulfill its obligations or if, for example, the Lot does not meet the characteristics indicated by the Seller. Both the Buyer and the Seller must fulfill their obligations under the purchase agreement.
12.3
Disputes about the (execution of the) purchase agreement must be resolved between the Buyer and the Seller themselves, as well as any, if a Lot is offered by a party acting in the exercise of a profession or business
The right of withdrawal does not apply to the offered lots, as it concerns a public auction. The buyer has the opportunity to view the lot extensively in advance and can also, by appointment, be present during the closing of the auction and make a bid in front of the auctioneer
12.4
The Collectables can, upon request, try to mediate in the event of a conflict and will make reasonable efforts to reach a solution that is acceptable to both parties. However, The Collectables will never be or become a party to any conflict as a result of well-intentioned and voluntary mediation efforts. For the user (being a consumer), if the company itself takes on the dispute resolution, the consumer (from the moment the company indicates this) has at least one month to choose the regular court to settle the dispute. to settle.
12.5
Dissolution
In the event, among other things, that the purchased Lot has not been accepted by the Buyer within the period set for this, the Buyer will be in default by operation of law and the Seller will be entitled to dissolve the Purchase Agreement with the Buyer by means of a written statement, without any (damage) ) compensation to the Buyer, and/or to immediately sell the purchased Lot to one or more third parties, whether or not by means of a new Auction, without prejudice to any other right of the Seller. The foregoing also applies if The Collectables (as the Seller or as the Seller's authorized representative) has asked the Buyer to provide security for the fulfillment and this security is not forthcoming or is insufficient, or if the Buyer is otherwise in default and fails to meet its obligations. obligations towards the Seller under the Purchase Agreement. The Buyer is obliged to compensate all damage caused by his default, including, among other things, the input costs, auction costs, storage costs, administrative costs.
A shortcoming cannot be attributed to the Seller if the shortcoming is not due to the fault of the Seller, nor is the Seller responsible for it by virtue of the law, legal act or generally accepted beliefs. In addition to the foregoing, the Buyer and the Seller have the right to terminate the Purchase Agreement by means of a written statement or by e-mail to the other party if circumstances arise prior to the delivery or purchase of a Lot that prevent the delivery or purchase of a Lot. the lot is no longer possible due to force majeure, for example due to fire, theft or damage due to natural disasters. In that case, the Seller is not obliged to pay the Buyer more than to refund the amounts received by the Seller in connection with the relevant Lot.
D. FOR SELLERS
Article 13. Registration of Lot and Auction
13.1
If you wish to register a Lot for possible sale via the Auction, you must complete the Application Form as made available on the Online Platform. You acknowledge that it is up to The Collectables whether or not to admit the Lot to the Auction. If the Lot is admitted, you will conclude the Auction Agreement with The Collectables, in which the information about ownership and the Lot will be recorded.
13.2
You guarantee the correctness of the information provided and you agree that your information will be used where necessary for the execution and handling of the Auction. Our Privacy Statement applies to the processing of your data.
13.3
You have ascertained the working method with regard to the Auction and you are aware of your rights and obligations. You must therefore be able to guarantee, among other things, that you, as the owner, are entitled to the sale of the Lot and, if applicable, the transfer of the Lot in the name of the Buyer.
13.4 As soon as the lot is online, you must ensure that the texts and information accompanying the lot you are offering are complete and correct. Any comments and/or adjustments must be reported to The Collectables team within 1 working day after posting.
13.5 You ensure that potential Buyers are offered the opportunity to physically view the Lot during a certain period (including at least one weekend) and, if necessary, have the Lot inspected in consultation with you.
13.6 After registering for the Auction, the Lot will not be driven more than 100 kilometers.
13.7 You acknowledge that you are offering the Lot exclusively and cannot withdraw it after registration unless you pay the amount as indicated in the Auction Agreement (6% of the estimated Minimum Sales Price with a minimum of EUR 2,500). You will sell the Lot to the Buyer with the Winning Bid.
13.8 If the highest bid at the end of the Auction is not at least equal to the Minimum Sales Price, The Collectables will discuss with you what the best option is. The Collectables will mediate between the Seller and the possible Buyers in order to sell the Lot. In this case, the Buyer also owes the commission to The Collectables. You guarantee that the Buyer will pay this commission to The Collectables. In addition, you acknowledge that you cannot withdraw the Lot or sell it without the involvement of The Collectables until (a) you have informed The Collectables in writing (including by e-mail) to refrain from further mediation, whereby the period of mediation is at least has lasted 5 weeks after the end of the Auction, and (b) The Collectables has confirmed to you in writing (including by e-mail) that they will not mediate further and that you are free to sell the Lot yourself through other means. If you violate the foregoing, you will owe the amount indicated in the Auction Agreement.
Article 14. Payment and acceptance of the Lot
14.1
You enter into a purchase agreement with the Buyer who submitted the Winning Bid (see also Article 12).
14.2
After The Collectables has received the commission due from the Buyer, The Collectables will put you and the Buyer in contact with each other, so that you and the Buyer can complete the purchase agreement and transfer the Lot.
E. FOR BUYERS
Article 15. Creating a Profile, Preparation and Bidding on an Object
15.1 If you want to bid on an Object, you must create a profile as indicated on the Online Platform and, if applicable, successfully complete the iDIN verification.
15.2 You guarantee the accuracy of the information provided and you agree that your information will be used where necessary for the implementation and handling of the Auction. Our Privacy Statement applies to the processing of your data.
15.3 You have assured yourself of the working method with regard to the Auction. A bid made is unconditional and you cannot revoke a bid, even if the bid was made automatically by a bidding robot you set up or was made by someone else via your account. When submitting the highest winning bid, you are obliged to purchase the Lot if it is awarded by the seller. This also applies if you bid on the Lot for someone else. The Collectables assumes that bids are made by the person who created the profile and when bidding via your profile you are therefore personally bound to this. You must be able to guarantee payment of the purchase price and the commission to be paid to The Collectables.
15.4 In order to comply with your own obligation to investigate the (technical) condition and properties of an offered Lot, you can use the option to physically view the Lot and, if necessary, have it inspected in consultation with the Seller. It is your own choice whether you use this.
Article 16. Payment and collection of the Lot
16.1 If you are the Buyer with the Winning Bid and the lot is awarded, you are obliged to purchase the Lot. To this end, you conclude a purchase agreement with the Seller (see also Article 12).
16.2 In addition to paying the purchase price to the Seller, you are obliged to pay the commission due to The Collectables. The commission must be paid via one of the indicated payment methods within two (2) working days after the end of the Auction. You are and will remain liable for the commission, even in the event of a possible conflict with the Seller. In such a case, The Collectables will, without being obliged to do so, reasonably help to find a suitable solution.
16.3 After receiving the commission, The Collectables will put you and the Seller in touch with each other so that you can complete the purchase agreement and transfer of the Lot with the Seller. The Lot must be paid to the seller within 5 working days after allocation
16.4 Collecting or having the Lot delivered is at your expense, unless it is indicated when the Lot is offered that the Seller will take care of this. You must make arrangements with the Seller to collect or have the Lot delivered within seven (7) working days, unless a different period has been agreed. The Seller and The Collectables are not responsible for (carefully) packing / preparing the Lot for transport if the buyer decides to have the Lot picked up by a third party. Furthermore, the Seller and The Collectables are not liable for damage during transport caused by the carrier engaged by the Buyer. If the Buyer does not take delivery on time or refuses or is negligent in providing information to the Seller (or The Collectables as authorized representative of the Seller) or in following the instructions of the Seller or The Collectables as authorized representative of the Seller who are necessary for the delivery of the Lot, the Buyer is in default towards the Seller and, among other things, obliged to compensate the Seller for damages without prejudice to any other right vested in the Seller. In such a case, the Seller is entitled to store the Lot at the expense and risk of the Buyer, whereby the Buyer is obliged to the Seller to pay all additional costs, including in any case storage costs, transport costs and, if applicable, dismantling costs.
Seller will only deliver the lot after Buyer has paid the aforementioned costs in full. The Buyer must realize that he bears all responsibility (such as insurance, taxes due, etc.) for the Lot once it has been allocated to him. Public Auction: a public (online) sale in accordance with Article 6:230g paragraph 1 sub j of the Dutch Civil Code, namely: a sales method in which movable property or services are offered by a Seller through a transparent competitive bidding procedure led by an Auctioneer and in which a Bidder can be personally present at the Auction or has the opportunity to do so, and whereby the winning Bidder undertakes to purchase the goods or services; Conclusion of Purchase Agreement outside Auction If there is no Auction, the Purchase Agreement is concluded when an Offer from a Bidder is accepted by The Collectables on behalf of the Seller. If the Buyer does not pay the invoice (on time), the Buyer is in default towards the Seller (and insofar as the Auction Costs are concerned towards The Collectables) and the Seller (and The Collectables) is entitled to reimbursement of the reasonable costs (which will in principle consist of the missed premium and additional costs) to obtain payment out of court (collection costs) in accordance with the statutory regulations on standardizing collection costs.
Article 17. Applicable law and jurisdiction
17.1
Dutch law applies exclusively to the Terms and Conditions, the use of our Online Platform and any disputes arising from this.
17.2
Any disputes resulting from the use of our Online Platform or these Terms and Conditions will be submitted to the competent court in Amsterdam. As a consumer, if consumer law permits, you can turn to another court. You must choose an alternative court 1 month after The Collectables has been informed of the dispute.
© 2021, The Collectables
