Terms and Conditions

GENERAL TERMS AND CONDITIONS

THE COLLECTABLES

These General Terms and Conditions along with our Privacy Statement apply to each 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. The documents are available to be read online and can be downloaded and/or printed.

The Collectables may amend the General Terms and Conditions and the Privacy Statement. The most recent versions of the documents are always available on the Online Platform. We will inform you of important amendments via the Online Platform, and, if we have your email address, via email as well. If you continue to use the Online Platform after an amendment has been made, you agree to that amendment.

See our FAQs for the answer to a large number of frequently asked questions. Please note that the FAQs and further information on the Online Platform provide practical instead of legal explanations about our General Terms and Conditions. We therefore advise you to read them carefully. If you have any questions, please contact us via [email protected]. Any suggestions – which are always welcome – can also be submitted there.

You can report (suspected) unlawful information or activities via [email protected].

Any questions relating to the use of your personal data can be submitted to [email protected].

The General Terms and Conditions consist of various parts:

A. General
B. Forum
C. Auction
D. Seller’s Terms and Conditions
E. Buyer’s Terms and Conditions

A. GENERAL

Article 1 Definitions

The General Terms and Conditions and the Privacy Statement contain a number of definitions. These are capitalised words, that may be used both in the singular and in the plural. These definitions have the following meanings:

Application Form: the form to be filled out online by the potential Seller, which is used to contact The Collectables about the entry of your collectable as a Car in the Auction.

General Terms And Conditions: these terms and conditions.

Car: the car, a so-called collectable, which is auctioned on the Online Platform.

Service: the services offered by The Collectables to Users via the Online Platform.

Forum: that part of the Online Platform where Users can post messages about a Car and respond to each other’s messages.

User: each natural or legal person using the Online Platform. In these General Terms and Conditions the User is referred to as “he”, which term covers female visitors to the Online Platform as well.

Buyer: the User who wants to place a bid on a Car that is offered on the Online Platform. The Buyer with the Winning Bid purchases the Car.

Minimum Selling Price: the Car’s undisclosed minimum selling price indicated by the Seller (the “Reserve”).

Online Platform: the environment that can be reached, inter alia, via the URL www.thecollectables.nl of which the Auction forms part.

Privacy Statement: the conditions set out here, which apply to how we handle your personal data.

The Collectables: The Collectables B.V., a private limited company with its principal place of business and its registered office at Van Nelleweg 1 in (3044 BC) Rotterdam, the Netherlands.

Auction: the process by which a Seller offers a Car for sale to the highest bidder via the Online Platform.

Auction Agreement: the agreement between The Collectables and a Seller about auctioning off that Seller’s Car.

Seller: the User offering his Car to be auctioned off via the Online Platform.

Winning Bid: the highest bid made in a lawful and timely manner, above the Minimum Selling Price or - if no bid above the Minimum Selling Price was made – the highest bid accepted by the Seller.

2. The Online Platform

2.1
The Collectables provides the Online Platform. On the Online Platform you can browse Cars and other information, post messages on the Forum, register as a Buyer or, by means of the Application Form, as a Seller, and join an Auction as a Buyer or a Seller. On the Online Platform, The Collectables facilitates Auctions where Sellers offer Cars for sale to potential Buyers.

2.2
The Collectables provides the Online Platform and the Services offered thereon “as is”. The Collectables does not give any guarantees or make any commitments about specific functionalities or features of the Online Platform, or on its completeness, accuracy, quality or integrity. The Online Platform and/or Services may malfunction and/or be disrupted; in that case, The Collectables will naturally endeavour, to the best of its ability, to resolve this as soon as possible, but it does not give any guarantees about the resolution time and excludes any liability for the consequences of the Online Platform or a Service not being available.

2.3
If you want to make full use of the Online Platform, you must create a profile. You are responsible for keeping your username and password confidential. If you suspect that someone is making unauthorised use of your username and/or password, you must change your details without undue delay. Please report this to us as well (via meldi[email protected]) so that we can take appropriate measures.

2.4
You acknowledge that if irregularities are discovered, The Collectables may temporarily or definitively deny access to the Online Platform, in addition to the measures The Collectables may take pursuant to the law, the General Terms and Conditions and, if applicable, the Auction Agreement.

2.5
In addition to the applicable laws and regulations, our Privacy Statement applies to the processing of your data; you can view and, if required, download and/or print our Privacy Statement here.

3. Information and intellectual property rights

3.1
Using the Online Platform will not lead to a transfer of intellectual property rights (such as copyrights, trademark rights, etc.). These rights remain vested in the original rights holder(s).

3.2
Users who share information (text, images, etc.) via or for the Online Platform guarantee that that information is accurate and lawful and that they have the right to make it available. By sharing information, the User grants The Collectables a free, non-exclusive, irrevocable and perpetual licence to use that information for the Online Platform.

3.3
The User fully indemnifies The Collectables against any third-party claims and will fully compensate any damage arising from the User’s failure to fulfil the obligations referred to in the previous paragraph, which includes reasonable costs of legal assistance.

3.4
The Collectables or its licensor(s) own the Online Platform and all its content (not originating from Users). Without The Collectables’ prior written consent, any disclosure or reproduction (copying, disseminating, editing, etc.) of all or part of the Online Platform or its content is not allowed.

4. Reporting suspected or actual unlawful content

4.1
If you suspect that unlawful content is being offered or unlawful activities are being performed on the Online Platform, please report this to us via [email protected].

4.2
The Collectables will then investigate whether there is indisputably unlawful information or activities. If so, the information will be deleted and/or the activities will be blocked. The Collectables is under no obligation to delete information or block activities on the basis of a report. If it is unclear, The Collectables may apply to a court to determine whether the reported information or activity is unlawful.

5. Liability and indemnity

5.1
You acknowledge that The Collectables only provides the Online Platform and therefore is not and cannot be held accountable and/or liable for the information shared on it by Users or for Users’, including Buyers and Sellers during and after Auctions, conduct.

5.2
The Collectables rejects any liability for any damages a User may incur as a result of using the Online Platform. Users can take measures themselves to prevent or mitigate their liability by ceasing their use of the Online Platform and deleting any profiles they have created.

5.3
If The Collectables can be held liable for damage a User suffers due to his use of the Online Platform, that liability will be limited to the compensation of direct damage, up to a maximum of EUR 10,000 (in words: ten thousand euro). Direct damage is exclusively taken to mean: damage to tangible property and the reasonable costs of preventing and mitigating direct damage, as well as the reasonable costs of determining the cause of and liability for the direct damage.

5.4
You fully indemnify The Collectables against any third-party claims arising from your use of the Online Platform and/or the Service, and you will fully compensate any damage The Collectables may suffer, which includes reasonable costs of legal assistance.

5.5
You accept that, to prevent or mitigate any suspected or actual damage, The Collectables may at any point temporarily or definitively restrict, suspend or terminate your use of the Online Platform and/or the Service without giving prior notice and without stating reasons. The Collectables will never be liable to you for this.

6. Payment and fees

6.1
The Collectables only charges a commission to the Buyer (please refer to the Online Platform for the amount) when a purchase agreement for a Car is concluded, and not to the Seller. The commission is likewise owed if a Buyer and a Seller finalise a transaction for an offered Car outside the Online Platform.

6.2
All amounts referred to on the Online Platform are in euro (EUR) and inclusive of VAT, unless provided otherwise.

6.3
Payments to The Collectables are made through the secured environment(s) of its payment provider(s). The terms and conditions of the payment provider(s) apply to payments, their execution, and anything related thereto. The Collectables is not liable for the use of (or not being able to use) the payment environment(s) of the payment provider(s).

6.4
The Collectables may set specific conditions, such as payment in advance, guarantee by means of a credit card, or the provision of a direct debit authorisation.

7. Miscellaneous

7.1
If any provision of the General Terms and Conditions proves to be invalid, either wholly or in part, the remaining provisions will remain effective between you and us. We will then replace the invalid provision with a valid provision whose substance resembles the replaced provision as closely as possible.

7.2
The Collectables is entitled to assign its rights and obligations to you to a third party. The Collectables will inform you of this. If you object to this, you can delete your profile and cease your use of the Online Platform and/or the Service.

7.3
The General Terms and Conditions and any disputes arising from or related to them are governed by Dutch law. If any mandatory statutory provisions apply in another country, The Collectables will abide by them. Any disputes will be brought exclusively before the competent court in the Rotterdam district, unless mandatory statutory provisions dictate otherwise.

B. FORUM

8. Forum and content

8.1
If you want to make use of the Forum, you must register on the Online Platform.

8.2
You understand that you are responsible and liable for any content you post on the Forum. The content must be factually correct and honest and should not offend, discriminate, incite violence, unlawful conduct or harass certain individuals or groups of individuals, or, at the discretion of The Collectables, be contrary to good taste or public morality. You may not use the Forum for commercial activities. The content should not harm the renown or reputation of The Collectables and its affiliates.

8.3
You guarantee that you have the right to post content on the Forum and that that content does not infringe third-party intellectual property and other rights.

8.4
You undertake not to post third-party personal data without consent.

8.5
You fully indemnify The Collectables against any third-party claims and will fully compensate any damage arising from your failure to fulfil the obligations referred to in this article, which includes reasonable costs of legal assistance.

You understand and accept that The Collectables is not responsible for the content that is posted on the Forum by a User. If you believe that an unlawful message has been posted, in the broadest sense, please report it to [email protected] (see also Article 4).

AUCTION

9. Offering Cars at the Auction

9.1
The Seller registers his car by means of the Application Form (see also D: For Sellers).

9.2
The team at The Collectables determines whether a car will actually be accepted to be offered as a Car at the Auction. If the car is accepted, the Seller and The Collectables conclude the Auction Agreement.

9.3
The Collectables will provide accompanying text for and/or the personal impression of one of its team members about the Car. That impression should never be regarded as The Collectables or that team member’s expert opinion on the Car’s condition (technical or otherwise) or value. This means that Buyers may never claim damages from The Collectables on the basis of an alleged incorrect presentation of any Car by The Collectables.

9.4
A Car must be offered exclusively at the Auction and may not be withdrawn from the Auction once it has been registered. If the Seller withdraws the Car anyway, the Seller will owe the amount set out in the Auction Agreement.

10. Bidding for Cars

10.1
If you want to bid for a Car, you will have to create a profile as indicated on the Online Platform and successfully complete the iDIN verification.

10.2
You may not bid for any Car you offer as a Seller, nor may you induce others to bid for your Car with a view to driving up the price of that Car. If The Collectables suspects any unlawful driving up of prices, the Auction will be suspended in order to investigate this and to take measures, where necessary. In that case, all prospective Buyers will be informed and will receive a notification on whether and how the Auction for the Car concerned will be resumed. Anyone (either a Buyer or a Seller) who has placed a bid for a Car with the sole purpose of driving up the price will owe The Collectables an immediately due and payable penalty of 12% of that Car’s estimated selling price, set at a minimum of EUR 5,000.

11. Auction

11.1
Cars that are going to be offered at the Auction will be announced on the Online Platform. By agreement, prospective Buyers may go and view the Cars during the indicated period (which must in any event include one weekend). Prospective Buyers can also make arrangements with the Seller about the possibility of having an expert assess the condition (technical or otherwise) and value of a Car.

11.2
The Car will be offered at the Auction for the indicated period. Buyers can bid for the Car either manually or automatically, in accordance with the applicable minimal increments per bid.

11.3
The Seller may indicate whether there is a Minimum Selling Price. This means that the Car will only be considered to have been sold at the Auction if the highest bid at least equals the Minimum Selling Price. The Minimum Selling Price will not be disclosed, but the fact that there is a Minimum Selling Price will be indicated; by default, there is a Minimum Selling Price. If not, NO RESERVE will be clearly stated. In consultation with The Collectables, the Seller may lower the Minimum Selling Price during the Auction.

11.4
The Auction closes at the indicated time, unless a new bid is made in the last 2 minutes before closing. The Auction will then close 2 minutes after that new bid. This will continue until no more bids are made.

11.5
The Buyer who has made the Winning Bid when the Auction closes will be the winner and will buy the Car from the Seller for the amount of the Winning Bid, unless the bid is not at least equal to the Minimum Selling Price. In that case and in consultation with The Collectables, the Seller then has a choice between withdrawing the Car and accepting the highest bid. In the latter case, the highest bid will be considered to be the Winning Bid. The Seller may accept a bid before the Auction closes.

12. Purchase agreement

12.1
The Buyer with the Winning Bid (see also Article 11.5) and the Seller conclude a purchase agreement for the Car.

12.2
The Collectables will not be a party to the purchase agreement and its performance, nor will it be involved in the formation of the agreement. Among other things, this means that if the Buyer does not fulfil his obligations (such as payment) to the Seller, the Seller cannot hold The Collectables liable for that. Nor can the Buyer hold The Collectables liable if the Seller does not fulfil his obligations or if the Car does not have the features the Seller said it did.

12.3
Any disputes regarding the purchase agreement and its performance must be resolved by the Buyer and the Seller; the same applies in the event of an applicable right of withdrawal when a Car is offered by a party acting in a professional or commercial capacity.

12.4
The Collectables may, upon request, endeavour to mediate in the event of a dispute, 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 a dispute due to its well-intentioned and voluntary efforts to mediate.

D. FOR SELLERS

13. Registering the Car and the Auction

13.1
If you want to register a car for a possible sale at the Auction, please fill in the Application Form provided on the Online Platform. You acknowledge that is The Collectables that decides whether a car will be entered in to the Auction. If the car is entered, you will conclude the Auction Agreement with The Collectables; this agreement sets out the details about ownership and the Car.

13.2
You guarantee that the details provided are accurate and you agree to your details being used, where required, for the execution and completion of the Auction. Our Privacy Statement applies to the processing of your data.

13.3
You have taken note of how the Auction works and you know your rights and obligations. This means that you should be able to guarantee that you, as the owner, have the right to sell the Car and to register the Car in the name of the Buyer.

13.4
You declare and guarantee that you will not bid for your own Car, or induce others to bid for your own Car with a view to driving up the price of that Car. The penalty referred to in Article 10.2 applies.

13.5
You will ensure that prospective Buyers are given the opportunity to come and view the Car during a specific period (which must in any event include one weekend), and, in consultation with you, to have an expert inspect the Car.

13.6
Once a Car has been registered for the Auction, it should not be driven more than 100 kilometres.

13.7
You acknowledge that you are offering the Car exclusively and that you may not withdraw the Car after registration, unless you pay the amount set out in the Auction Agreement (6% of the estimated lowest sale price, set at a minimum of EUR 2,500). You will sell the Car to the Buyer making the Winning Bid.

13.8
If, at the end of the Auction, the highest bid does not at least equal the Minimum Selling Price, The Collectables will discuss the best option with you. The Collectables will mediate between the Seller and the prospective Buyers in order to sell the Car anyway. The Buyer will then also owe the commission to The Collectables.

You commit that the Buyer will pay this commission to The Collectables. In addition, you acknowledge that you cannot revoke or sell the Car outside of The Collectables until (a) you have informed The Collectables in writing (by e-mail) that you renounce their further mediation, whereby the mediation period is at least four weeks after the end of the Auction, and (b) The Collectables has confirmed to you in writing (by e-mail) that they will not mediate further and you are free to sell the Car yourself by other means. If you act contrary to the foregoing, you will owe the amount as stated in the Auction Agreement.

14. Payment for and purchase of the Car

14.1
You will conclude a purchase agreement with the Buyer who made the Winning Bid (see also Article 12).

14.2
Once The Collectables has received the commission owed by the Buyer, The Collectables will put you and the Buyer in contact with each other in order for you both to complete the purchase agreement and transfer the Car.

14.3
If you are a Seller acting in a professional or commercial capacity, the “right of withdrawal” may apply. You must ascertain whether this applies to you and, if so, you must honour the Buyer’s right of withdrawal and cooperate with the exercise of that right.

E. FOR BUYERS

15. Creating a profile; preparing and bidding for a Car

15.1
If you want to bid for a Car, you will have to create a profile as indicated on the Online Platform and successfully complete the iDIN verification.

15.2
You guarantee that the details provided are accurate and you agree to your details being used, where required, for the execution and completion of the Auction. Our Privacy Statement applies to the processing of your data.

15.3
You have taken note of how the Auction works. Bids are unconditional and may not be revoked, not even if the bid was made automatically by a bidding robot you set up. If you make the Winning Bid, you are obliged to purchase the Car. This also applies if you make a bid for the Car on behalf of a third party. The Collectables assumes that the person who creates a profile is the person bidding via that profile. This means that if a bid is made via your profile, you will be personally bound by that. You must be able to guarantee payment of the purchase price and the commission payable to The Collectables.

15.4
You declare and guarantee that you will not bid for a Car with a view to driving up the price of that Car. The penalty referred to in Article 10.2 applies.

15.5
To fulfil your own obligation to inspect the condition (technical or otherwise) and features of the Car on offer, you may make use of the possibility of going to view the Car and, in consultation with the Seller, possibly having an expert inspect it. You are free to choose whether or not to do this.

16. Payment for and purchase of the Car

16.1
If you are the Buyer with the Winning Bid, you will be obliged to purchase the Car. You will conclude a purchase agreement for that purpose with the Seller (see also Article 12).

16.2
In addition to paying the purchase price to the Seller, you must pay the commission owed to The Collectables. The commission must be paid within two (2) working days after the end of the Auction, through one of the indicated payment methods. You owe and will continue to owe the commission, even if you have a dispute with the Seller. In that case, The Collectables will provide its reasonable assistance in reaching an appropriate solution, without being obliged to do so.

16.3
Once The Collectables has received the commission, it will put you and the Seller in contact with each other in order for you both to complete the purchase agreement and transfer the Car.

16.4
You will bear the costs of picking up or the delivery of the Car, unless it was indicated in offering the Car that the Seller will arrange for this. Unless another term has been agreed, you must make arrangements with the Seller to pick up or for the delivery of the Car within seven (7) days.