Auction and Sale Terms and Conditions
The following conditions apply for our auctions.
|Terms and Conditions for Corporate Buyers||
Sales Conditions for Consumers
Auction Conditions for Consumers
General Terms and Conditions
In these conditions, the following definitions apply:
- 1.1. Additional contract: a contract where the consumer acquires products, digital content and/or services in relation to a distance contract and these products, digital content and/or services were delivered by the businessperson or by a third party based on an agreement between this third party and the businessperson;
- 1.2. Cooling off period: the period during which the consumer can invoke his right of withdrawal;
- 1.3. Consumer: the natural entity who does not act for objectives that are related to his or her trading, company or professional activities;
- 1.4. Day: calendar day;
- 1.5. Digital content: data that is produced and supplied in digital form;
- 1.6. Continuing performance contract: a contract that covers the regular delivery of products, services and/or digital content during a specific period;
- 1.7. Durable data carrier: any tool including email that allows the consumer or businessperson to save information that is addressed to him or her personally in a manner that ensures future consultation or use during a period that has been harmonized with the objective for which the information is intended and to reproduce in an unchanged manner the saved information;
- 1.8. Right of withdrawal: the possibility for the consumer to cancel the distance contract during the cooling off period;
- 1.9. Businessperson: the natural or legal entity who offers remote products, (access to) digital content and/or services to consumers;
- 1.10. Distance contract: a contract that is entered into between the businessperson and the consumer within the context of an organized system for distance selling of products, digital content and/or services where only or partially use is made of one or more remote communication technologies up to and including the entering into the contract;
- 1.11. Model form for retraction: European model form for withdrawal as listed under Annex I of these terms and conditions. Annex I does not have to be made available if the consumer has placed an order that does include the right to withdrawal;
- 1.12. Remote communication technology: a tool that can be used for entering into a contract without the consumer and businessperson having to be in the same room together.
2. Identity of the trader
Name of trader: Bartuzzi Trading Limited
Trading under the name/names: Bartuzzi Trading Limited, Auction EU, AuctionEU.com;
Trading and visiting address: 160 City Road, Kemp House, London, United Kingdom, EC1V2NX
Telephone number: +44 2032 891 535;
Email address: email@example.com
Telephone hours: From Monday to Friday you can call us between 8:00 and 20:00.
Postal address: Bartuzzi Trading Limited
160 City Road, Kemp House, London, United Kingdom, EC1V2NX
If the activities of the businessperson is subject to a relevant permit system: the data about the supervisory authority.
If the entrepreneur is pursuing a regulated profession:
- – the professional association or organisation of which he is member;
- – the professional title, the place in the EU or the European Economic Area where this title has been granted;
- – a referral to the professional rules that apply in the Netherlands and instructions as to where and how these professional rules can be accessed.
- 3.1. These general terms and conditions apply to every offer of the businessperson and to every distance contract that is entered into between the businessperson and the consumer.
- 3.2. Before the distance contract is entered into, the text of these general terms and conditions must be made available to the consumer. If this is not reasonably possible, the businessperson will indicate in which way the general terms and conditions can be consulted at the businessperson’s location and that they will be sent as soon as possible free of charge upon the request of the consumer before the distance contract is entered into.
- 3.3. In deviation from the paragraph above, if the distance contract is concluded electronically, the text of these general conditions can be made available to the consumer, prior to the conclusion of the distance contract, by electronic means, in such a way that the consumer can store them effortlessly on a durable data carrier. If that his is not reasonably possible, the consumer shall be informed, prior to the conclusion of the distance contract, as to where he can have access electronically to the general conditions and that they will be sent to the consumer at his request, electronically or by another means, free of charge.
- 3.4. Should specific product or service terms and conditions also apply in addition to these general terms and conditions, the second and third paragraph shall apply analogously and the consumer can always appeal to the applicable provision that is most favourable to the consumer should there be contradictory conditions.
4. The offer
- 4.1. If an offer has a limited period of validity or is subject to special conditions, this will be stated explicitly in the offer description.
- 4.2. The offer must include a full and accurate description of the offered products, digital content and/or services. The description must be sufficiently detailed to ensure the consumer can make an appropriate assessment of the offer. If the businespersonn uses images, they must be a faithful representation of the offered products, services and/or digital content. Any apparent mistakes or errors in the offer will not commit the businessperson.
- 4.3. Every offer must contain the information required that will ensure that it is clear to the consumer which rights and obligations he or she has with regard to accepting the offer.
5. The Agreement
- 5.1. Notwithstanding the provisions under paragraph 5.4., the contract is concluded the moment the consumer accepts the offer and complies with the conditions attached to it.
- 5.2. If the consumer has accepted the offer electronically, the entrepreneur immediately sends an electronic acknowledgement of receipt of the acceptance of the offer. As long as the entrepreneur has not acknowledged receipt of this acceptance, the consumer is entitled to cancel the contract.
- 5.3. If the contract is concluded electronically, the entrepreneur takes all appropriate technical and organisational measures to protect the electronic data transfer and ensures a safe web environment. If the consumer is offered the possibility to pay electronically, the entrepreneur takes adequate measures to ensure safe electronic payment.
- 5.4. The businessperson may, within legal frameworks, obtain information about whether the consumer can meet his or her payment obligations as well as all those facts and factors that are important for responsibly entering into a distance contract. If the businessperson should have appropriate grounds not to enter into the contract based on this investigation, the businessperson will be justified to refuse an order or request while providing arguments or to link special conditions with regard to the execution.
- 5.5. The businessperson must send the following information in writing or in such a way that it can be stored on a durable data carrier by the consumer in an applicable manner when the product, service or digital content is delivered to the consumer at the latest.
- 5.5.1. the geographical address of the place of business of the entrepreneur to which the consumer may address any complaint;
- 5.5.2. the conditions and procedures for exercising the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
- 5.5.3. Warranty and after-sales service information;
- 5.5.4. The price including all taxes of the product, service or digital content, the delivery costs and the payment insofar as they may apply and the delivery and distance contract execution method;
- 5.5.5. The requirements to cancel the contract if the contract has a duration of more than one year or is for an indefinite period of time;
- 5.5.6. If the consumer has a right of withdrawal, the model form for withdrawing.
- 5.6. In case of a continuing transaction, the provision of the previous paragraph only applies to the first delivery.
6. Rights of withdrawal
With regard to products:
- 6.1. The consumer may terminate a contract with regard to the purchase of a product during a cooling-off period of at least 14 days without having to specify reasons. The businessperson may ask for the reason for the withdrawal, but the cosumer is under no obligation to specify his or her reason(s).
- 6.2. The cooling-off period specified in paragraph 6.1. shall start on the day after the consumer or a third person appointed by the consumer in advance who is not the shipper has received the product or:
- 6.2.1. If the consumer has ordered multiple products with regard to one and the same order: the day on which the consumer or a third party appointed by him or her has received the last product. The businessperson may refuse an order with multiple products with a different delivery date provided that he or she has informed the consumer about this clearly before the order process.
- 6.2.2. When the delivery of a products consists of different shipments or parts: the day on which the consumer or a third party appointed by him or her has received the last shipment or part.
- 6.2.3. With regard to contracts for the regular delivery of products during a specific period: the day on which the consumer or the third party who he or she has appointed has received the first product.
With regard to services and digital content that are not delivered on a material carrier:
- 6.3. The consumer may terminate a contract for services or for delivery of digital content that has been supplied on a material carrier during a cooling-off period of at least 14 days without specifying reasons. The businessperson may ask the consumer for the reason for the withdrawal, but the consumer may decide not to specify his or her reason(s).
- 6.4. The cooling-off period specified in paragraph 6.3. will start on the day that follows after the contract is entered into.
Extended cooling-off period for products, services and digital content that has not been delivered on a material carrrier when notifying about the right of withdrawal:
- 6.5. If the businessperson has not issued to the consumer the statutory mandatory information about the right of withdrawal or the model form for withdrawal, the cooling-off period will end twelve months after the end of the originally determined cooling-off period in accordance with the other paragraphs of this article.
- 6.6. If the businessperson has issued the information as referred to in the previous paragraph to the consumer within twelve months after the effective date of the original cooling-off period, the cooling-off period will elapse 14 days after the day on which the consumer has received this information.
7. Obligations of the consumer during the cooling-off period
- 7.1. The consumer must handle the product and the packaging with due care and attention during the cooling-off period. He or she must only unpack or use the product to the degree that is required to determine the nature, characteristics and operation of the product. The basic principle within this context is that the consumer may only handle and inspect the product as he or she would be allowed to do in a shop.
- 7.2. Only the consumer is liable for value reduction of the product that is the result of the method of handling the product that is more extensive than allowed based on paragraph 7.1..
- 7.3. The consumer is not liable for value reduction of the product if the businessperson has not issued to the consumer all statutory mandatory information about the right of withdrawal before or when entering into the contract.
8. The consumer exercising his/her right of withdrawal and the costs thereof
- 8.1. If the consumer wants to make use of his or her right of withdrawal, he or she must notify this within the cooling-off period by using the model form for withdrawal or in another unambigious way to the businessperson.
- 8.2. The consumer must return the product as soon as possilbe but within 14 days after the day after the notification as referred to in paragraph 8.1. has been made or he or she must hand it over to the businessperson (or an authorized party thereof). This is not required when the businessperson has offered to pick up the product. The consumer will, in any case, have been deemed to have observed the return period when he or she returns the product before the cooling-off period has elapsed.
- 8.3. The consumer must return the product with all the delivered accessories in its/their original packaging if reasonably possible and in accordance with the reasonable and clear instructions of the businessperson.
- 8.4. The risk and the burden of proof for the correct and timely exercising of the right of withdrawal are vested on the consumer.
- 8.5. The consumer must bear the direct costs of the return of the product. If the businessperson has not notified that the consumer must bear these costs or if the businessperson indicates that he or she will bear the costs, the consumer does not have to bear the costs.
- 8.6. If the consumer withdraws after expressly having requested that the performance of the service or the supply of gas, water or electricity that was not ready before the sale be made to a limited volume or in a specific quantity must start during the cooling-off period, the consumer shall owe the businessperson an amount that is proportional to that part of the obligation that has been complied with by the businessperson at the time of withdrawal, when compared with the full compliance with the obligation.
- 8.7. The consumer will not bear any costs for the performance of services or the supply of water, gas or electricity that was not made ready before the sale in a limited volume or quantity or the supply of district heating if:
- 8.7.1. The businessperson does not issue to the consumer the statutory mandatory information about the right of withdrawal, the cost payment with regard to withdrawal or model form for withdrawal; or
- 8.7.2. The consumer has not expressly requested during the cooling-off period to have the performance of the service or the supply of gas, water, electricity or distric heating.
- 8.8. The consumer will not bear the costs for the full or partial supply of the digital content not supplied on a meterial carrier if:
- 8.8.1. The consumer has not expressly agreed with the commencement of the compliace of the contract before the end of the cooling-off period prior to the delivery thereof;
- 8.8.2. The consumer has not recognized that he or she will lose his or her right of withdrawal when he or she gives his or her consent; or
- 8.8.3. The businessperson did not confirm the consumer’s statement.
- 8.9. If the consumer uses his or her right of withdrawal, all additional contracts will be terminated by operation of law.
9. Obligations of the businessperson when withdrawal takes place
- 9.1. If the businessperson makes the notification of withdrawal by the consumer possible through an electronic method, he or she must immediately send a receipt confirmation after having received this notification.
- 9.2. The businessperson must pay all payments of the consumer including any delivery costs that the businessperson has charged for the returned product immediately and certainly within 14 days after the day on which the conumser notifies the withdrawal. Unless the businessperson offers to pick up the product, he or she may wait with the reimbursement until he or she has received the product or until the consumer proves that he or she has returned the product depending on the time that occurs first.
- 9.3. The businessperson must use the same payment method for the reimbursement that the consumer used unless the consumer agrees to another method. The reimbursement must not incur any costs for the consumer.
- 9.4. If the consumer has chosen for a more expensive delivery method than the cheapest standard delivery fee, the businessperson does not have to reimburse the additional costs for the more expensive method.
10. Exclusion of the right of withdrawal
The businessperson can exclude the following products and services from the right of withdrawal, but only if the businessperson has specified this clearly with the offer or, at least, before the contract is entered into.
- 10.1. Products or services regarding which the price is linked to fluctuations on the financial market that are not controlled by the businessperson and that may occur within the withdrawal period.
- 10.2. Contracts that have been entered into during a public auction. A public auction is deemed to mean a selling method where products, digital content and/or services are offered by the businessperson to the consumer who is present personally or is given the option to be present personally at the auction under the guidance of an auctioneer and where the successful bidder is obliged to purchase the products, digital content and/or services.
- 10.3. Contracts involving services, after full performance of the service but only if:
- 10.3.1. The performance was started with the express prior consent of the consumer; and
- 10.3.2. The consumer has stated that he or she will lose his or her right of withdrawal once the businessperson has excecuted the contract in full.
- 10.4. Contracts involving services for making available accommodation when a specific date or period of excecution is specified in the contract and for other objectives than residential ones, shipment of products, car rental services or catering;
- 10.5. Contracts regarding leisure activities when a specific date or period of excecution thereof is included in the contract;
- 10.6. Products produced in accordance with the specifications of the consumer that have not been manufactured and that are being produced based on an individual choice or decision of the consumer or that are clearly for a specific person;
- 10.7. Products that spoil quickly or that only have a limited shelf life;
- 10.8. Sealed products that are not suitable for returning and the seal has been broken after delivery for reasons of protecting public health or hygiene reasons;
- 10.9. Products that are irrevocably mixed with other products after delivery because of their nature;
- 10.10. Alcoholic beverages regarding which the price has been agreed when the contract was entered into, but regarding which the delivery could only take place after 30 days and the actual value is dependent on fluctuations on the market that are out of the control of the businessperson.
- 10.11. Sealed audio and video recordings and computer software regarding which the seal has been broken after delivery;
- 10.12. Newspapers and magazines with the exception of subscriptions to these;
- 10.13. The delivery of digital content other than on a material carrier but only if:
- 10.13.1. The performance was started with the express prior consent of the consumer; and
- 10.13.2. The consumer has stated he or she will lose his or her right of withdrawal because of this.
11. The price
- 11.1. Prices of the offered products and/or services will not be increased during the validity period specified in the offer except price changes as a result of changes in the tax (VAT) rates.
- 11.2. In derogation to the provisions referred to in the previous paragraph, the businessperson may offer products or services regarding which the prices are linked to fluctuations on the financial market that are out of the control of the businessperson using variable prices. This restraint of fluctuations and the fact that any specified prices are target prices will be specified in the offer.
- 11.3. Price increases within 3 months of the conclusion of the contract are only allowed if they ensue from legislation or legal provisions.
- 11.4. Price increases later than 3 months of the conclusion of the contract are only allowed if the entrepreneur has stipulated this possibility and:
- 11.4.1. such increases ensue from legislation or legal provisions; or
- 11.4.2. the consumer is entitled to cancel the contract as of the date on which the price increase takes effect.
- 11.5. The prices specified in the product or service offer will include tax (VAT).
12. Compliance with the contract and extra warranty
- 12.1. The businessperson will guarantee that the products and/or services comply with the contract, the specifications specified in the order, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations that exist on the date when the contract is entered into. If agreed, the businessperson will also guarantee that the product is suitable for other than normal use.
- 12.2. An extra warrantly issued by the businessperson, his or her supplier, manufacturer or importer shall never restrict the statutory rights and claims that the consumer may exercise based on the contract with regard to the businessperson if the businessperson has failed in complying with his or her part of the contract.
- 12.3. Extra warranty is deemed to mean any obligation of the businessperson, his or her supplier, importer or producer through which he or she allocates specific rights or claims to the consumer that go further than what he or she must meet by operation of law if he or she should fail in complying with his or her part of the contract.
13. Delivery and execution
- 13.1. The businessperson will observe the greatest care when receiving and executing orders of products and when assessing requests to provide services.
- 13.2. The address that the consumer has notified to the businessperson will apply as the delivery address.
- 13.3. With due regard to the provisions made above in Article 4. of these General Terms and Conditions, the businessperson will execute accepted orders with appropriate speed and no later than within 30 days unless another delivery period has been agreed. If the delivery experiences a delay or if an order cannot be or can only be executed partially, the consumer will be notified about this 30 days at the latest after the order has been placed. The consumer will, in this case, have the right to terminate the entered into contract without incurring costs and will have a right to possible compensation.
- 13.4. After termination in accordance with the previous paragraph, the businessperson will immediately return the amount that the consumer has paid.
- 13.5. The risk of products being damaged and/or lost is vested on the businessperson until the items have been delivered to the consumer or a third party indicated in advance and the representative made known to the businessperson unless agreed otherwise expressly.
14. Continued performance transactions: duration, cancellation and renewal
- 4.1.1. The consumer can cancel at all times a contract that has been entered into for an indefinite period of time and that covers the regular delivery of products (including electricity) or services while observing the cancelation rules agreed for this purpose and a period of notice of no more than one month.
- 4.1.2. The consumer can cancel at all times a contract that has been entered into for a definite period of time and that covers the regular delivery of products (including electricity) or services by the end of the definite period while observing the cancelation rules agreed for this purpose and a period of notice of no more than one month.
- 4.1.3. The consumer is entitled to cancel the contracts mentioned in the paragraphs above:
- – at all times, without being forced to cancel at a certain time or in a certain period;
- – always cancel using the same period of notice as the businessperson has stipulated for himself or herself.
- 14.2.1. A contract entered into for a specific period of time and that coveres the regular delivery of products (including electricity) or services may be renewed tacitly or renewed for a specific period of time.
- 14.2.2. In derogation to the provisions made in the previous paragraph, a contract that has been entered for a specific period of time and that covers the regular delivery of newspapers, weekly papers and magazines may be renewed tacily for a specific period of time of no more than three months if the consumer can cancel this renewed contract by the end of the renewal period with a period of notice of no more than one month.
- 14.2.3. A contract that has been entered into for a specific period of time and that covers the regular delivery of products or services may only be renewed tacitly for an indefinite period of time if the consumer may cancel it at any time while applying a period of notice of no more than one month. The period of notice will not be more than three months when the contract covers the regular, but less than once a month, delivery of newspapers, weekly papers and/or magazines.
- 14.2.4. A contract that has been entered into for a specific period of time for the regular delivery as an introduction service of newspapers, weekly papers and/or magazines (trial or introductory subscriptions) will not be continued tacitly and will end automatically after the trial or introductory period ends.
- 14.3.1. When a contract is for a period longer than one year, the consumer may cancel it at all times after a year observing a period of notice of no more than one month unless reasonableness and fairness require otherwise in relation to cancellation before the end of the agreed period.
- 15.1. Insofar as it has not been agreed otherwise in the contract or additional terms and conditions, the amounts due and payable by the consumer must have been paid within 14 days after the cooling-off period has started or, should a cooling-off period not apply, within 14 days after entering into the contract. In the case of a contract to provide a service, this period will start on the day after the consumer has received the confirmation of the contract.
- 15.2. The consumer may never be made to pay an advance of more than 50% in relation to products being sold to consumers. When advance payment is stipulated, the consumer cannot appeal to any right regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
- 15.3. The consumer has the duty to report immediately to the entrepreneur any mistakes in payment data informed or stated.
- 15.4. If the consumer does not meet this payment obligation (or obligations) in time, the consumer will owe the statutory interest over the amount that is still due and payable and the businessperson will be entitled to pass on the extrajudicial collection costs that he or she incurs after the consumer has been told by the businessperson about the late payment and the businessperson has given the consumer another period of 14 days to meet these payment obligations after no payment has been received within the initial 14-day period. These collection costs will amount to no more than: 15% over the outstanding amounts up to € 2,500, 10% over the next € 2,500 and 5% over the next € 5,000 where a minimum of € 40 will apply. The businesspersion may deviate from the specified amounts and percentages to the benefit of the consumer.
16. Complaints procedure
- 16.1. The entrepreneur has a complaint procedure, duly made available to the consumer, and deals with the complaint in accordance with this complaint procedure.
- 16.2. Fully and clearly described complaints about the execution of the contract must be submitted to the businessperson within an appropriate period of time after the consumer has observed the defects or shortcomings.
- 16.3. Complaints filed with the entrepreneur shall be answered within a period of 14 days from the date of receipt. If it is likely that a complaint will take more time, the entrepreneur shall reply within a period of 14 days with a notice of receipt and an indication of when the consumer can expect a more elaborate reply.
- 16.4. A complaint about a product or service, or service provided by a contractor can also be filed by filling out a complaint form on the contact page of AuctionEU.com website. The complaint will be sent to AuctionEU.com.
- 16.5. The consumer must give the contractor at least 4 weeks to resolve the complaint in consultation. After this term, there will be a dispute that is subject to dispute resolution.
- 17.1. Contracts between the entrepreneur and the consumer to which these terms of business agreement apply, are exclusively governed by the English law.
- 17.2. Subject to the provisions below, disputes between the consumer and the entrepreneur on the conclusion or performance of contracts with regard to services to be delivered or delivered by this entrepreneur, can be submitted both by the consumer and the entrepreneur to the Courts of England and Wales.
18. Additional or different conditions
- 18.1. Additional provisions or provisions derogating from these general conditions shall not be harmful to the consumer and shall be recorded in writing or in such a manner that they are can be accessed and stored by the consumer on a durable data carrier.
19. Amendment to the general terms and conditions
- 19.1. AuctionEU.com will not amend these general terms and conditions without consulting with the Consumer Protection.
- 19.2. Alterations to these conditions only take effect after having been published in an appropriate manner, under the understanding that if such alterations apply during the term of an offer, the provision most beneficial to the consumer shall prevail.