Article 1 Definitions
In these general conditions the following terms have the following meanings, unless otherwise indicated or the context otherwise requires:
provider means a customer an item at the auction for sale;
supply: by the provider on the auction made an offer to sell a product;
Customer: the natural or legal person with whom Secondsauctions.com
the agreement, or that the website Secondsauctions.coml visits;
Customer information: all information about the customer himself Secondsauctions.com, the auction and other parties;
Bidder means a customer making a bid;
Bid: a bid on a product / service at the auction offered for sale;
Offer Period means the period during which bids may be made;
Special auction conditions: in addition to or in derogation of these general conditions applicable provisions, or conditions, including the use site;
Agreement: the agreement concluded between the buyer and seller;
Secondsauctions.com: each of the supplier of the auction (under one number) advertised item;
Secondsauctions.com :: the organizer of the auction: located at the Bredholm 12 in Hoofddorp, registered at the Chamber of Commerce under number;
auction: the Secondsauctions.com to customers in the form of an electronic auction posted programmed environment where supply and Bidding takes place;
website: Secondsauctions.coml through which the auction is offered.
Article 2 General
2.1 These general conditions apply to all contracts to which these general conditions of sale yacht has declared, unless the special conditions of auction, or expressly in writing or electronically (by email) from them. If different conditions apply in a given auction, these provisions has expressly mentioned on the website.
2.2 If in certain matters governed by these general conditions, different terms are agreed, these general conditions for the rest of the agreements in force. Deviations are never more than an agreement.
2.3 If one or more provisions of these terms and conditions are invalid or void, the remaining provisions of these general terms and conditions apply.
2.4 In case of conflict between the provisions of the Special Auction Conditions and these General Conditions shall prevail in the Special Auction Conditions. Terms defined in these General Conditions have the same meaning as in the Special Auction Conditions, unless otherwise expressly provided.
2.5 If there is an auction, private sales and sales to tender any provisions which differ from these General Conditions and the Special auction conditions are clearly indicated.
Article 3 Intellectual property
Without prior written or electronic consent of Secondsauctions.com, it is not permitted information, texts, logos, trademarks, trade names, links and images used on the website or in brochures or auction of Secondsauctions.com to copy, transmit, distribute, reproduce, publish.
Article 4 Responsibility for links on the website
The website may contain links to other websites than Secondsauctions.com
can not permanently control these other sites, nor accept any responsibility for their content. auction for this content can not be held liable.
Article 5 The Agreement
5.1 The agreement between auction and the bidder is established by confirming the registration of the auction bidder. The confirmation takes place via e-mail. Unless otherwise expressly agreed, the bidder shall be deemed to have given permission to auction immediately after conclusion of the agreement to start with the implementation. The Bidder is aware that this means that it does not appeal to his right under the Act to distance contracts for the contract within 7 working days after bringing it to dissolve.
5.2 After the registration, the bidder may log on to the secure part of the website, and thus gain access to the auction.
5.3 The bidder is responsible for the confidentiality and use of his password. auction is not liable for any damage arising from the use of the password by any third party, unless such use is the result of a shortcoming or wrongful act of Vessel Auction.
5.4 Secondsauctions.com reserves at all times the right to refuse registration and / or terminate.
5.5 The agreement between auction and the provider is established through the signing of the contract agreement or auction form.
Article 6 The Customer
The buyer must be of age and authorized to initiate actions. By entering into the agreement the buyer:
a age and to be;
b. that the information provided by him is correct;
c. that it shall never have the right to access to an electronic auction has been denied.
Article 7 Rights and obligations of the bidder
7.1 The bidder has access to the auction and the right thereto as bidder to act.
7.2 The bidder may bid at the auction process does not affect, nor in the capacity of another bidder places a bid do.
7.3 The bidder must not use equipment or software in its contacts with the auction that the normal operation of the auction may disturb or data to the auction which by their size or characteristics of the infrastructure of the auction may unreasonably stress.
Article 8 Offering and selling
8.1 The supplier is obliged to describe the vessel so that the bidder can form a clear opinion as to the value thereof. The provider may give the vessel describe and / or use of graphics.
8.2 Each offer must state the Bidding period number.
8.3 Within 24 hours of the close of the bidding period, the provider Vessel Auction via email and / or phone at the height of the highest bid.
8.4 The supplier is obliged to bid for the bidder to accept altitude and the service / product to the bidder.
its not a bid at least equal to that offered by the provider in accordance with paragraph 6 of the present Article;
b. an award period is agreed.
8.5 If the bidder is a curator, Section 7:19 paragraph 1 Civil Code and the trustee has the caveat that the magistrate with the sales agreement.
8.6 The supplier may, with respect to the supply of a minimum Secondsauctions.com
communicate. Secondsauctions.com makes this minimum is not known to third parties. The offer shall be made of the fact that the provider uses a minimum.
8.7 Secondsauctions.com reserves the right to service / product for the auction and the auction to refuse to remove if, at the sole discretion of auction hunting, not in accordance with the objective of the auction.
Article 9 Position Secondsauctions.com
The provider recognizes that Secondsauctions.com has the right information and data supplied by the vessel to shorten, to ensure that the placement on the website or in a folder or in auction meets them by Secondsauctions.com set (editorial) requirements.
Article 10 Bidding and Buying
10.1 A bid may only be made within the offer period and must meet the relevant requirements by Secondsauctions.com.
10.2 A bid may not be withdrawn, amended or canceled.
10.3 The bidder at the end of the bidding period, the highest bid is made, it is mandatory service / product from the supplier to buy for in the Bid price. The bidder within 3 hours after the close of the bidding period by e-mail of Vessel Auction confirming his highest bid. If the vessel is auctioned without awarding term, Bidder shall receive an invoice for the purchase price and the fee as specified in paragraph 4 of this Article. If the vessel is auctioned award period, the bidder will receive an invoice after the end of the award period if the bidder wishes to award to the bidder.
10.4 If between the bidder and the seller a purchase agreement has been concluded, the bidder at auction to a fee. This fee is variable and is a percentage of the bid made by the bidder excluding VAT. This percentage will be prior to each auction Bidder shall be made.
5.10 Auction reserves the right to change the offer period prematurely terminate or one or more Bids invalid if and when a customer or a third party abuse of the auction, there are other irregularities or of a technical malfunction, regardless the cause.
Article 11 Payment
11.1 The invoice amount the bidder within 7 days from the date of invoice payable to Trust account Secondsauctions.com.
11.2 If the bidder the invoice amount or on time, the vessel will not be delivered to Bidder. The provider is entitled to dissolve the purchase agreement and the vessel to another bidder.
11.3 In case of termination as provided under 11.2 remain auction fees payable by the customer to Secondsauctions.com to increase turnover.
11.4 Secondsauctions.com pay within 5 days after the purchase price of the bidder has received the purchase price to the aanbieder.veiling is entitled to payment of the purchase price to the seller to suspend the case that auction has knowledge that attributable to the supplier has failed to fulfill its obligations to the buyer, such as failure or improper delivery of the vessel.
Article 12 Viewing
Tour of the vessel is possible only if expressly indicated by auction and on a date determined by Auction (data), time and place.
Article 13 Customer Information
13.1 Customers may use customer information from another Customer for the purpose of the auction. They may exempt such Customer Information to third parties.
13.2 The buyer given by the customers information and information about the vessel will:
a not untrue or misleading due to incompleteness or the good name of the auction or a third attack;
b. not the sale or offer of stolen goods;
c. not infringe any intellectual property or privacy rights of any third party;
d. no threatening, profane or disagreeable messages;
e. not contain computer viruses that are intended to computer systems, computer programs or websites to damage, negatively affect, disrupt their normal operation;
f. not contain descriptions of goods:
- Which are simultaneously offered by other electronic auction;
- That the provider is not able or allowed to offer.
Article 14 Confidentiality
14.1 Secondsauctions.com is obliged to disclose any confidential information obtained in the context of registration or otherwise obtained. Information is considered confidential if the buyer is notified or when it arises from the nature of the information. Secondsauctions.com
will only use the data for the purpose for which they are supplied. Information provided to will not be Secondsauctions.com given to third parties.
14.2 If, pursuant to a statutory provision or a court decision, Secondsauctions.com
convey confidential information by law or by the court designated to provide third parties, and VeilingJacht.nl are party can not rely on a legal or by the competent court recognized or permitted of change, then Secondsauctions.com not liable for damages or damages caused by this.
Article 15 Liability
15.1 The information and services offered on the website may contain technical inaccuracies and / or typographical errors.
15.2 Secondsauctions.com seeks the services on the website 7 days a week, 24 hours a day to keep, but may interrupt access, including for maintenance, updates and / or any other technical reason.
15.3 Secondsauctions.com is not liable for the damage that the customer has suffered as a result of the suspension as referred to in paragraph 2 of this Article.
15.4 Secondsauctions.com can never guarantee that the information on the website is correct. Secondsauctions.com will make every effort to ensure the accuracy of these data as consistent as possible. External influences eg by hackers is always possible and can lead to distorted information. Secondsauctions.com is not liable for such distorted information.
15.5 The use of the website is at the expense and risk of the bidder. Secondsauctions.com
is in no way responsible for the suitability of the site for any purpose or use whatsoever.
15.6SecondsDeal.com is not liable for any viruses or spam that the bidder has received because he made use of the website, unless Secondsauctions.com
is short of its obligation to reasonably secure the website.
15.7 Secondsauctions.com does not guarantee the accuracy of the information provided by Customers. Secondsauctions.com is not liable if it appears that such information is inaccurate and / or incomplete.
15.8 The Customer acknowledges that the auction Secondsauctions.com
only organizes and grants Customer access and VeilingJacht.nl in no way involved in transactions between bidders and suppliers. Auction is towards the customer is not obliged to verify or keep control over the quality, anti Secondsauctions.com
quality, safety, quality of the vessels, the truthfulness, accuracy or legality of the offer, the right of providers to sell the vessel and deliver or the ability of bidders to purchase the vessel.
15.9 Customer acknowledges that Secondsauctions.com able nor required the identity of another buyer to establish with certainty and that the Customer himself is to ascertain the identity and intentions of another customer.
15.10 If the failure of a buyer in a transaction, the injured Customer no rights can be derived from Secondsauctions.com. In the case of (suspected) fraud Secondsauctions.com
full cooperation to the aggrieved buyer in relation to the provision of data.
15.11 Accessing premises during viewing, auction and collection of the vessel is at your own risk. Secondsauctions.com accepts no liability for any accident.
15.12 Secondsauctions.com is never liable for indirect damage of the customer or third parties, including consequential damage, loss of revenue or profit, loss of data and immaterial damages in connection with or arising out of this Agreement or use of the auction offered vessels .
15.13 Without prejudice to the other provisions of the agreement, the liability of VeilingJacht.nl against the bidder, for any reason whatsoever, per event (whereby a connected series of events as one event) to the current calendar year actually incurred by the bidder Secondsauctions.com fees paid excluding VAT. The liability to the provider is limited to the total invoice amount excluding VAT.
15.14 The terms and conditions contained in these limitations of liability do not apply if the damage is due to intent or gross negligence of VeilinJacht.nl.
Article 16 Force Majeure
In case of force majeure Secondsauctions.com not obliged to compensate the damage caused thereby to the buyer unless and to the extent Secondsauctions.com due to force majeure situation has had an advantage that they would not have had correct performance.
Article 17 Final provisions
17.1 Applicable is the version of the terms and conditions in force at the time of conclusion of the contract, unless the buyer after the conclusion of the contract, the validity of a revised version of the terms and conditions accepted.
17.2 In case of differences between translations of these terms and conditions, the Dutch text shall prevail.
17.3 All disputes will be settled by the competent court in the district of the place of actual residence of . If Secondsauctions.com invoking this provision, the buyer is an individual the authority within one month for the law to choose competent court.
17.4 All services, agreements and these general conditions are governed by Dutch law