The website https://auctions.autodeknudt.be is owned by Auto Deknudt.
All users of the https://auctions.autodeknudt.be website accept the following terms and conditions.
Article 1 - Meaning of the terms used
- A customer who is assigned one or more lots is a " buyer "
- An article, vehicle or set of items are " a lot "
- All users must complete the registration form of the site in order to validate " registration "
- The personal data provided by the user, referring to his person, his activity, address, no. Of BCE, are part of " personal data "
- Any amount proposed by a user for one or more lots is " an offer ". Any offer will be made excluding VAT and without any sales charge
- Any financial institution, leasing company, curator, bailiff, liquidator wishing to use the services of Autodeknudt to sell a lot are " adjudicators "
- An online sale of movable or other goods via the internet is " an online auction "
- All payments will be made by " Guaranteed and certified bank check or bank transfer "
- Any lot sale that does not require the intervention of a public official is " a sale by agreement "
- Any lot sale requiring the intervention of a public official is " a public sale "
Article 2 - Scope
The relationship between the Customer on the one hand and Autodeknudt on the other hand will be, using the Website, controlled by the General Conditions of Application.
The relationship between Customer and Autodeknudt will be controlled only by the General Conditions and the Special Conditions. In the event of a disparity between the General Conditions and the Particular Conditions, the latter will have priority. By Registration the Customer has accepted the Terms and Conditions at any time that he or she logs in with the intention of placing an Offer.
Article 3 - Contract
By means of Registration the parties arrive at the Contract by which a Customer gets the opportunity to participate in a Sale. The Contract is a personal contract and therefore is neither susceptible to any kind of assignment and / or transfer, nor susceptible to seizure, to establish a lien, mortgage or any form of security.
Personal Data must be communicated to Autodeknudt by Registration. Autodeknudt respects the privacy of its Clients. The collection of data by the Website and the use of these data is in harmony with the Belgian law of 8 December 1992 relating to the protection of privacy. The Data Personnel provided by the Customer will be used by Autodeknudt to, for example, send a conformation e-mail or to send information and / or requested data to the Customer. Autodeknudt can also use Personal Data for marketing purposes and for the benefit of its management. In no way will Autodeknudt sell the Personal Data to the third party. The Customer is authorized to consult his Personal Data and to modify it, if necessary.
Beside the communication of personal data by registration, one will have to choose and prepare a username and a password. The aforementioned username and password provides the Client with access to both his Personal Data and the Website through which he may participate in the Sale.
The Customer vouches for the accuracy and completeness of the Personal Data communicated by him to the Registration. If the Customer's Personal Data changes, the Customer itself will modify it on the Website. Autodeknudt is authorized to use the Data Personnel communicated to it recently.
Autodeknudt and / or public official reserves the right to unilaterally refuse a Registration when Autodeknudt is of the opinion that the chosen username and password, for example, may be considered insulting, discriminatory and / or racist or for any reason that Autodeknudt and / or public official deems applicable. Autodeknudt is at the same time unilaterally authorized to refuse access or subsequent access to the Website when a Customer is not behaving properly or he commits or refuses to commit acts by which Autodeknudt, Adjudicator and / or other Clients, direct or indirect, undergoes damage in any form whatsoever.
Article 4 - Sale of Gré à Gré
Participation in a Sale of Gré à Gré is only possible by registration.
Autodeknudt and / or Adjudicator will attempt to describe the Lots, as specified in a Flyer and / or on the Website, so minute and so clearly possible. Autodeknudt and / or the Adjudicator accept no responsibility for any inaccuracy or failure to describe a Lot or any other damage.
A Lot will be sold in the state it is in at the time of the offer with all visible and hidden defects included. Each Customer will be deemed to have inspected the complete Lot. All Lots will be sold without guarantee, guarantee unless the Special Conditions and / or Leaflet and / or Website stipulates otherwise.
A Client who issues the highest Offer is the Buyer. The Buyer will be informed by e-mail. Any offer made at the end of the allotted time will see the extended time of 5 minutes. Each Offer made by a Customer will be irrevocable, unconditional and unreserved, even in the event of an over bid. All Offers issued by Customers remain valid until Autodeknudt has received payment from the highest bidder. Autodeknudt and / or the Adjudicator are authorized to reject the Highest Offer issued without stating the reasons why the second-to-last Offer is considered the Highest Bid. If for any reason there is a discussion regarding the highest Autodeknudt Offer and / or the Adjudicator will make a decision without recourse. If a Customer has improperly issued an Offer, for example an Offer on a false Lot, Autodeknudt may, on the basis of its opinion and belief, authorize the release of its Offer and remove it from the Website, if necessary.
Autodeknudt and / or the Adjudicator will be authorized, at any time, even during a Sale, to constitute a minimum Offer, to cancel, to suspend, to extend or to postpone the sale of from one year to the next. either partially, without giving any reason, or taking any action which is, in the opinion of Autodeknudt, necessary, without giving any right to the Customer to demand any compensation whatsoever. If a Minimum Offer is not communicated, the Sale of a Lot will be made at any time by writing a higher Offer; to be the system of "outbidding". If a Minimum Bid is communicated, the Auction will start from this Minimum Bid.
Any Buyer is deemed to have purchased for himself and be individually responsible for that.
On a date determined in advance by Autodeknudt and / or the Adjudicator or failing that by an individual action of the above, an allocation will be made to the Client with the highest Offer. From the final allocation of one or several lots, they are at the risk and peril of the Buyer. Autodeknudt and / or the Adjudicator can not be held responsible in any way for theft, vandalism, fire, storm, water damage or any form of damage after the final allocation.
The visits of a Lot will take place between normal office hours and / or at special exhibition days at the Autodeknudt office and / or any other place as indicated on the Website and / or Leaflet and / or Special Conditions. When entering the buildings and / or grounds where a Lot is located the Customer must adhere to the instructions of Autodeknudt and / or the Adjudicator. Entrance to buildings and / or grounds is under the responsibility and risk of the Client. Autodeknudt and / or the Adjudicator accept no liability for physical, mental or any other damage.
Autodeknudt and / or adjudicator can afford to refute any offer formulated as insufficient.
Article 5 - Public Sale
The stipulations as described in article 4 of the General Conditions will be fully applicable to a Public Sale. In the event of a discrepancy between the stipulations in article 4 and 5 of the General Conditions, the stipulations of article 5 of the General Conditions will be applicable to a Public Sale. Participation in a Public Sale is only possible by registration or by respecting what is stipulated under Article 9 of the General Conditions.
Each Public Auction will be organized, prepared and executed under the responsibility of Autodeknudt. Autodeknudt and / or the Adjudicator will be authorized, at any time, even during a Sale, to constitute a minimum Offer, to cancel, to suspend, to extend or to postpone the sale of from one year to the next. or partially, to combine or split Lots, without giving any reason, or to take any action which is, in the opinion of autodeknudt, necessary, without giving the Customer a right to request to any compensation.
For a Lot to be sold publicly it should be either numbered or marked. A Lot will not be part of a Public Sale when a numbering and / or marking is missing.
In a Public Sale it is possible, next to the Offer procedure as stipulated in Article 4 of the General Terms and Conditions, to bid as described below. A Lot may be sold through the use of a starting price which may be reduced by Autodeknudt at any time until a Customer, for whom the last mentioned amount is acceptable, will be clearly known by shout, buy this Lot. The first Customer who becomes known as aforesaid will be designated by Autodeknudt as Buyer of this Lot. If according to the opinion of Autodeknudt several Customers make themselves known at the same time to buy a Lot, the aforementioned procedure will be redone from the beginning.
The highest-priced Customer will be the Buyer of one or more Lots and will be informed by Autodeknudt, either by e-mail in case of Public Sale on-line, or on site. All Public Sales are supervised by a bailiff who will be appointed unilaterally by Autodeknudt and / or the Adjudicator.
Article 6 - Payments
As soon as a Customer is indicated as Buyer, he will be obliged to pay the Purchase Price either by transfer to the bank account of Autodeknudt, as communicated on the Website and / or Leaflet and / or by the Particular Conditions by Autodeknudt or by any other means of payment approved by Autodeknudt, as communicated on the Website and / or Leaflet and / or by the Particular Conditions. All payments must be made in Euro. If payments are made in a different currency unit the Buyer will be required to take the conversion costs at his expense. Payment of the Purchase Price at a Sale must be made no later than 2 working days after the final allocation. Buyers outside Belgian borders are prohibited from paying cash or by check. If the payment of a Sale is not received within the deadline as set forth or within the period stipulated in the Special Terms and Conditions, the Buyer will be required to pay late interest, which is assessed at 9.5% per annum. . The arrangement of a withdrawal, as stipulated below, shall be applicable if Autodeknudt in case of Sale does not receive payment within the aforementioned period or within the period as specified in the Particular Conditions. Autodeknudt and / or the Adjudicator are free to choose one of the above methods.
In case of refusal or insolvency of the Purchaser to make the payment of the Purchase Price (hereinafter named "Buyer Dedit"), the Adjudicator and / or Autodeknudt will have the possibility of either granting the Lot to the Customer who has made the second high offer, to replace the Lot in a Sale. The Dedit Purchaser will be liable for all damages suffered, under which, but not limited to the costs for a new Sale and the difference between the Highest Bid then received and the Offer issued by the Dedicated Buyer.
Autodeknudt has the right to scratch and / or repel a Dedicated Buyer of these files.
An EU-Buyer will not be obliged to pay VAT on the purchase of one or more Lots if the EU-Buyer transmits, at the time of the Lot's removal, a written declaration in "soul and conscience" to Autodeknudt concerning the export of the Lot outside the country where the Sale took place (also called "intra-community traffic"). Non-taxable purchasers, being individuals, and non-EU-Buyers, being legal persons outside the European Union, will still be required to pay VAT on the Lots purchased. After receiving a valid export document, non-EU-Buyers will be refunded the VAT paid within 15 days of receipt of the aforementioned document.
An invoice or an award document, either by Lot or collective for all Lots, will be made by Autodeknudt and given to the Customer on the day of delivery of the Lot, as stipulated in Article 7 of the General Conditions, after full payment. and receipt of the Purchase Price. The Adjudicator issues an invoice if an award document is submitted and sends the invoice by post to the Buyer at the address known to Autodeknudt and / or the Adjudicator.
The title of owner will pass to the Buyer as soon as the Purchase Price will be paid and received in full and without prejudice by Autodeknudt.
Article 7 - Collection / Delivery
The Purchaser may remove the Lot as soon as it has satisfied its obligation to pay, as stipulated in Article 6 of these General Conditions.
In a Gré à Gré Sale the Purchaser will have to remove the Lot within five (5) days, after the final allocation, at the Autodeknudt office or any other place where the Lot will be at that time.
In a Public Sale the Lot must be removed within the period as stipulated in the Particular Conditions.
Autodeknudt and / or the Adjudicator will be authorized to move, store, deliver and / or remove the Lots at the expense and risk of the Buyer if he has not removed the Lot (s) within the deadline planned.
If one or more Lots complicate and / or create an impossibility to remove the other Lots, Autodeknudt and / or the Adjudicator summon the Buyer of these Lots by e-mail and / or registered letter and / or normal letter, to the last address known by Autodeknudt and / or the Adjudicator, to come immediately remove, as stipulated more precise in the aforementioned letter, these Lots.
The Buyer will remove the Lot in a professional and careful manner at its expense and risk, without causing damage to buildings and / or other Lots. During the pick-up the Buyer is responsible for any damage and guarantees for all these collaborators, subcontractors, representatives and / or helpers.
Any costs associated with evacuation, transportation, dismantling, demolition and any other costs of resale and / or collection of a Lot will be on behalf of the Purchaser.
It is forbidden to carry out sharpening, welding, dismantling or other activities without the prior written consent of Autodeknudt and / or the Adjudicator and provided that the Purchaser can prove in writing that he is sufficiently insured against any damage. possible. Autodeknudt and / or the Adjudicator will be authorized to request from the Buyer the deposit of a deposit prior to the removal of the Lot if, in the opinion of Autodeknudt and / or the Adjudicator, this is necessary to obtain a security towards the payment of a potential damage.
Autodeknudt and / or the Adjudicator will be authorized to dissolve the Sale of one or more Lots if one or more Lots are unable to be removed (s) because of a claim from a third party and / or the fact that the removal may cause unacceptable damage to the buildings and / or land where the Lot is located, and / or the removal may be considered problematic. The Buyer will be informed by registered letter from Autodeknudt and / or the Adjudicator and they are not obliged to refund the sums received for the sale of these lots.
Article 8 - Solvency
Autodeknudt and / or the Adjudicator will be authorized to contact the Clients and to solicit them to show their solvency or in the case of a Sale to ask them to transfer an amount as security. Autodeknudt and / or the Adjudicator will be allowed to exclude a Client from a Sale if this Client refuses such a request and / or refuses to pay a deposit.
Autodeknudt and / or the Adjudicator will not pay interest on the guarantee amounts paid to them.
Article 9 - Public sale without online registration
You can participate in a Public Sale without Registration provided that the participant can identify himself sufficiently at the time of the Public Sale. For individuals a valid identity card is required and for legal persons a valid VAT number and / or registration number in law must be given together with a document in which it is indicated the potential participant can validly bind the legal person ( powers of attorney, statutes, etc.).
The public official present has the possibility of verifying, by banks external data, etc., the aforementioned identity data of a potential participant. Autodeknudt and / or the Adjudicator will be authorized to refuse participation in a Public Sale of a potential participant without stating the reasons.
Autodeknudt is authorized to integrate in its files the Personal Data provided by a potential participant and to save it.
Article 10 - Liability
Autodeknudt does not vouch for any damage, direct and / or indirect, resulting from the use of the Website, except in cases where the damage is intentionally caused by Autodeknudt.
By Registration the Customer accepts and agrees with the technical flaws, under which, but not limited to, the total or partial impossibility to access the Website, not being able to issue offers or no communication of the last Offers via the Website due to software or other problems and the special circumstances that accompany a Sale through the Website.
Autodeknudt does not vouch for any loss of data, damage, either direct or indirect, illegitimate access, direct or indirect, to data or distribution of viruses or other illegitimate program or any consequence that may appear following the use of the Website.
Autodeknudt and / or the Adjudicator do not vouch for any loss, direct or indirect, resulting from inaccurate, incomplete or unfair information about a Lot on the Website and / or in a Leaflet.
The possibility of calling upon third parties and / or referring to third parties by weblinks or otherwise can not lead to any liability of Autodeknudt and / or the Adjudicator.
The liability of Autodeknudt will always be limited to the amount on which the insurance of Autodeknudt gives right increased with the amount of the deductible and is limited up to the amount of the repair, damage, on invoice, the lowest will be d 'application. Autodeknudt can not invoke this limitation in case of negligence and / or intentionally.
Article 11 - Confidentiality
Any information which is communicated by one of the parties and which is considered and designated as confidential can not be used for the purpose for which it was provided. This information can only be communicated to employees or advisers under the same confidentiality restriction.
The current requirement for confidential information does not apply to information that is already or will be publicly known, is already in the legal possession of a party before it is received by the other party, which is written by itself, which is developed by the recipient of the information or which must be published because of a judicial decision and / or because of the law.
Article 12 - Miscellaneous Provisions
For all matters relating to a Public Sale and / or a Sale of Gré-à-Gré the Customers and / or the Buyers are supposed to have chosen their home in the office of Autodeknudt, as indicated on the Website.
In case of disparity, imprecision or contradiction between the Belgian General Conditions and / or the Belgian Particular Conditions and the General Conditions and / or the Particular Conditions in another language, the Belgian conditions prevail.
Any modifications to the General Conditions and / or Special Conditions may be sent by Autodeknudt by e-mail and / or normal letter to the Customer and it will be deemed to have accepted them, subject to explicit opposition by the Customer in one (1) ) business day after the dispatch of the e-mail and within three (3) working days after the dispatch of a normal letter. If the Customer objects to a modification of the General Conditions and / or Special Conditions, access to the Website will be refused.
The Customer has no permission to assign either the Agreement or the rights and / or obligations arising from it to the third party.
All prior commitments, written or oral, will be raised and replaced by the General Terms and Conditions and / or the Particular Conditions in question.
If one of the definitions of the General Conditions and / or the Particular Conditions in question prove to be invalid, this will have no effect on the General Conditions and / or the Global Special Conditions. The invalid definition will be replaced by another definition which will have a meaning comparable to the invalid definition.
Article 13 - Applicable law
For all disputes concerning the interpretation and / or the execution of these General Conditions and / or these Special Conditions only the courts of Tournai will be competent to take cognizance of this dispute. The General Terms and Conditions and the Particular Conditions in question are governed by Belgian law.