Terms and Conditions
General (Online) Terms and Conditions / User Agreement: agreement between VAVATO and bidder / buyer
VAVATO: Estate agency VAVATO BVBA, having its registered offices in 9100 Sint-Niklaas (Belgium), 19 Europark-Noord and registered under company number 0599.890.164, in its capacity as intermediary.
Bidder/buyer: The legal or natural person registering on VAVATO’s website and / or participating in an (internet) auction organised by VAVATO.
Client: The legal or natural person requesting VAVATO to auction and sell one or more goods in his name and on his behalf.
Website: The website www.vavato.com which is managed by VAVATO.
General (Online) Terms and Conditions /User Agreement: The (online) terms and conditions of sale and auction set forth herein.
Specific (Online) Terms and Conditions: The terms and conditions which can be added to, complete or derogate from the general (online) terms and conditions / user agreement on the participation in a specific auction, and which are mentioned on the website next to the auction concerned.
Registration: The bidder’s/buyer’s subscription to the website by completing the registration form.
Personal data: The data submitted by the bidder/buyer at registration and traceable to the person concerned.
Bid or offer: The amount offered for a lot.
Lot: One or several goods and items that are offered for auction.
Combined lot: A lot comprising a combination of separate lots.
Auction: The sale of one or several lots which is organised by VAVATO.
Attribution: The formal declaration of VAVATO to the bidder/buyer that a lot has been attributed to him.
Purchase agreement: The agreement drawn up after attribution between (candidate) buyer and client.
Full purchase price: The amount offered by the bidder/buyer, to which shall be added the auction costs and VAT.
Consumer: A natural person who does not act for purposes related to his professional or trade activities.
Seller / Trader: A natural or legal person who acts for purposes related to his professional, trade or craft activities.
User: Anyone registering on the website.
Public auction: An auction in which the bidder/buyer has been given the option to be present in person.
Delivery or issuance: The actual transfer of the lot to its new owner.
Auction costs: The percentage to be added to the bid, VAT not included.
Warranty: Bidders / buyers may be required to pay a warranty up to 50% of the full purchase price during the sales period. This period shall be determined by VAVATO. If the bid is not attributed to the bidder, the warranty shall be refunded without additional interest or compensation.
- VAVATO in its capacity as intermediary shall ensure an online auction platform and shall sell online at the expense of the client. VAVATO shall never become owner of the sold goods (except in cases as prescribed under Articles 9a and 11c).
- Only the Dutch version of the user agreement shall be legally effective. Any translation shall be regarded as merely informative.
- This user agreement is not transferable.
- The invalidity of one or more clauses under this user agreement shall never affect the validity of other contractual clauses.
- The bidder/buyer shall also consult VAVATO’s specific (online) terms and conditions and has accepted them at registration along with these general (online) terms and conditions. The specific (online) terms and conditions are part of the agreement between the parties. All (online) terms and conditions of the bidder/buyer are expressly excluded.
- In the event of an inconsistency between the general (online) terms and conditions and the specific (online) terms and conditions, the specific (online) terms and conditions shall prevail.
- The bidder/buyer placing a bid implies that he accepts all terms and conditions stated in this user agreement and in the privacy statement or referred to by VAVATO in this user agreement. All terms and conditions incorporated in this user agreement were displayed at registration and were thus expressly accepted. The bidder/buyer shall not be entitled to proceed to purchase without having accepted them. By registering online the bidder/buyer (as well as a foreign bidder/buyer) agrees to accept the user agreement with VAVATO. The registration implies the unconditional and irrevocable acceptance of the following users conditions and terms :
- The bidder/buyer declares to have reached the minimum age of majority.
- By registering the buyer/bidder gives VAVATO the explicit permission to store and use his personal data.
- The bidder/buyer shall be responsible for the accuracy and completeness of his personal data. Each bidder/buyer is obliged to identify himself. Any change in his personal data shall be communicated to VAVATO in writing (by email or through VAVATO’s website).
- VAVATO reserves the right to check the identity of the bidder/buyer using external databases in the presence of a judicial officer/notary public. VAVATO is entitled to track and follow up at all times the accuracy of the data filled in at registration. The judicial officer/public notary shall also be entitled to verify upon the IP address the location from where the bidder/buyer is logged on. VAVATO is authorised to transfer the personal data of the bidder/buyer to the client or to the third parties involved.
- The bidder/buyer shall upon first request of VAVATO submit a copy of his identity documents.
- Where there is doubt regarding the bidder’s/buyer’s identity and/or solvency, VAVATO shall always be entitled to exclude any bidder/buyer.
- The bidder’s/buyer’s user name and password are personal and not transferable. Once the bidder/buyer suspects that someone else is aware of his password, the bidder/buyer must inform VAVATO thereof so that registration can be blocked in order to prevent abuse.
- VAVATO is entitled to claim for the performance of a bid that was placed under bidder’s/buyer’s username and password.
No unlawful or prohibited use
- The bidder/buyer guarantees that he shall not use the website for any unlawful purpose or any purpose prohibited by these terms, conditions and notices.
- The bidder/buyer shall not use the website in any manner which could damage, disable, overburden or impair VAVATO or third parties.
- The bidder/buyer shall behave properly and shall not cause damage to the website or other bidders/buyers.
- The bidder/buyer shall not obtain or attempt to obtain in any manner materials or information through the website if the materials or information concerned are not provided or made available for that purpose.
- The bidder/buyer shall be held liable, even in case of abuse, for any action taking place on the website under his username and password. Bidder/buyer shall indemnify VAVATO for any damage resulting from abuse of his username and/or password.
- VAVATO is entitled, without giving any reason(s), to refuse the registration of a bidder/buyer and/or unilaterally terminate the registration of a bidder/buyer.
- The bidder/buyer may not upload in any manner files containing viruses, corrupted files, or any other similar software or programs that may damage the performance of computers.
- All lots shall be attributed to the highest bidder who is identifiable and has been accepted as reliable and solvent. If any dispute arise between the bidders, VAVATO shall decide without motivating its decision. This decision may not be appealed. The highest bidder shall have the obligation to pay the price of the attributed lot, plus 17 % covering costs and VAT, as well as royalties if applicable.
- VAVATO reserves the right to refuse, if necessary, the highest bid (for example in case of – but not limited to – doubt about the identity and /or solvency of the bidder/buyer) and to consider the second highest bid and/or another bid as the highest bid. Therefore, the second highest bidder and/or any bidder shall remain bound to his bid until the collection and/or delivery day of the lot (as defined under Article 10).
- If a lot is part of a combined lot, this shall be mentioned on the website along with the highest bid on each separate lot at that moment. If a bid on a combined lot is equal to or greater than the bid on each separate lot, the combined lot shall be attributed to the bidder/buyer who has placed the highest bid on the combined lot and not the bidder/buyer who has placed the highest bid on the separate lots.
- VAVATO reserves the right to cancel, terminate (sooner than mentioned on the website), postpone and / or extend an auction without owing any financial or other compensation to the bidder/buyer.
- VAVATO is entitled not to recognise a bid as such, or to exclude one or more bidders/buyers before or during the auction, without procuring the bidder/buyer any rights and motivating its decision.
- VAVATO is entitled to combine goods in one lot, to divide a lot and / or remove a lot from the auction.
- VAVATO shall reserve the right to extend the auction by 24 hours in the event of a malfunction on the website causing inaccessibility to all users. VAVATO shall also reserve the right to reopen an auction after its closure and to extend it in the event of a malfunction on the website causing inaccessibility to all users.
- If another bit was placed on a lot within the last 10 minutes before closing the lot, the auction of the lot concerned shall be extended by timeframes of 10 minutes after its initial closing time.
- VAVATO is entitled to request the bidder/buyer to demonstrate his solvency and to request the bidder/buyer to pay a warranty of 50% of the purchase price. In case the bid was not attributed to the bidder/buyer, the warranty shall be repaid but without any interest or right to compensation.
- VAVATO shall not be held liable for any damage, direct or indirect, arising out of these regulations, to the bidder/buyer or third parties.
The follow-up given to the auction
- Before placing a bit permanently, a control screen on which the full purchase price appears shall be displayed. Upon its confirmation, the bid shall be irrevocable and unconditionally binding.
- Upon completion of the auction, the result shall be presented to the client.
- The purchase shall be considered as realised only upon VAVATO’s verification of the bidder’s/buyer’s identity, solvency and reliability and upon the client’s approval.
- Attribution shall only take place upon consultation with and approval of the client. The client is entitled to decide not to attribute one or more lots and this without motivating its decision.
- The goods at sale are displayed in lots.
- VAVATO reserves to right to modify the lot description at all times without procuring the bidder/buyer any rights.
- All goods are sold to their present condition at auction with all its defects, visible and/or hidden. The bidders/buyers shall be deemed to have inspected the lots thoroughly.
- By placing a bid, the bidder/buyer recognises and expressly confirms that he visited and inspected the lot he placed on a bid on previously. Therefore, he accepts the true condition of the lot and the non-application of the Articles of Book VI “Market Practices and Consumer Protection” of the Belgian Code of economic law on distance marketing.
- All goods shall be provided without any guarantee.
- All goods are sold without any guarantee even if their state, nature, quantity or denomination does not comply with the catalogue description.
- All information provided by VAVATO, whether in writing or verbally, is purely informative and not binding. The lot description prevails and a picture of a lot has indicative and supporting purposes only.
- VAVATO does not guarantee the accuracy of a lot description with regard to its author, origin, date, age, attribution to or authenticity of, weight or condition. Any reference to odometer values or operating hours of vehicles/machines, working hours, years of construction, first registration date or other technical or commercial specifications are purely indicative without any guarantee or responsibility of VAVATO or the client. Any incorrect information in the catalogue shall not result in cancelling or dissolving the sale. Each bidder/buyer recognises that no appeal can be taken.
- The bidders/buyers shall be aware that the goods offered may have visible and hidden defects. Under no circumstances, shall VAVATO be held responsible or liable for any defect or damage resulting therefrom.
- The bidders/buyers who have bought lots that complicate the removal of another lots or result impossible, must collect the lots on the first day of withdrawal and without interruption.
- A lot is sold in the conditions as it is. Pipelines, cables and/or other energy, control or production links situated on or in a lot shall be sold only to the first valve, fitting or attached identifying mark, unless otherwise expressly stated Underground or built-in links shall not be considered as being part of the lot.
Bidder’s/buyer’s duty to examine and (non)compliance
- Unless otherwise indicated or agreed between parties upon the description of the lot, the opportunity to visit the lot shall be given to bidder/buyer at visiting times announced on the website. The bidder/buyer shall be deemed to make use thereof.
- Any visible and hidden defect shall always be considered to be known by the bidders/buyers.
- Any claim by the bidder/buyer, due to (non-)compliance or other reasons, shall expressly be excluded.
- The bidder/buyer has sufficiently verified the condition of the purchased goods and has accepted its condition at the moment he placed his bid. The bidder/buyer shall therefore not be entitled to terminate the agreement if it appears that the lot does not (entirely) meet the online lot description.
- According to Article 6 c, the goods shall be sold to their present condition at auction.
Invoicing and payment
- Immediately upon receipt of the invoice, the bidder/buyer shall pay the full purchase price, increased with the auction costs and 21 % VAT, within the time-limit mentioned on the invoice. After its expiry date, the procedure of default sale shall be initiated automatically and without prior notice. If the bidder/buyer is in default, VAVATO shall be authorised to move, store and/or resell the lot at the expense and risk of the bidder/buyer. The bidder/buyer shall be held liable, vis-à-vis VAVATO as well as any client, for any negative damage allegedly caused by his failure, including relocation and storage costs.
- VAVATO reserves the right to increase, immediately and without prior notice, the amount of each invoice not settled in its due date, with a fixed indemnification compensation of 10%, with a minimum of € 150.00 (VAT not included). As soon as one invoice is past due, all other outstanding invoices shall be due immediately. All payments shall be made in the currency stated on the invoice.
- After payment of the full amount invoiced, the bidder/buyer shall receive an invoice and a delivery note whereupon the lot shall become at the disposal of the bidder/buyer. De buyer shall be invited to collect his lot on the collection date as published on the website. A lot cannot be retrieved until receipt of the full purchase price. Each payment made shall always settle interests and costs first, then the invoices which have been outstanding for the longest, even if the buyer at the moment of payment mentions another payment reference.
- Foreign bidders/buyers must also pay the full purchase price. If the conditions for intra-Community sales are being met and upon verification of the VAT identification number accompanied with the transport declaration signed by the bidder/buyer (which clearly demonstrates the place and country of destination), the VAT amount may be refundable. This is only possible if the bidder/buyer provided the aforementioned declaration to VAVATO within 5 days after delivery. In case the reverse charge mechanism applies, the buyer shall not be subject to VAT and shall ensure to complete the correct tax settlement which would be applicable to him. Thereupon VAVATO shall be indemnified to this regard by the buyer.
- In case the bidder/buyer refuses to pay or is not solvent, VAVATO or a judicial officer may proceed to immediate recovery, re-put the lot up for auction, or attribute the lot to the second highest bidder. The buyer in default shall be held responsible for the damages suffered and shall never be able to claim for the possible higher price. All costs incurred for re-putting the unpaid lot up for auction or the price difference between the initial bid and the second highest bid shall be borne by the bidder/buyer who failed to meet his obligations in time.
- Unless otherwise expressly agreed in writing, the bidder/buyer shall not be entitled to receive any discount or sort of settlement. However, VAVATO shall be entitled to provide compensation or apply netting on claims with the bidder/buyer.
Transfer of risk and property
- Upon announcement of the attribution of the lots, all risks and expenses related thereto shall be passed to the bidder/buyer.
- VAVATO shall not be held liable in case of accident, loss, fire, theft, water damage, natural disaster or any other risk/damage causing the loss of goods, in full or in part. No appeal with respect to VAVATO shall be valid.
- The bidder/buyer shall become owner of the goods only after full payment of the purchase price, including premium, VAT and any other amounts owed by the buyer to VAVATO.
Collecting and transport
- The release of the purchased goods shall take place at the location, days and hours, specified by VAVATO as stated on the website and in the specific (online) terms and conditions.
- The bidder/buyer shall submit the delivery note upon collection of the goods.
- Unless otherwise agreed, the purchased goods, including any of its content and accessories, shall be collected at the location indicated by VAVATO and at its designated time. Failing this, the bidder/buyer shall be considered to be in default and, according to Article 8 a, VAVATO shall thereupon be entitled to resell the lot and/or move the lot at the expense and risk of the bidder/buyer and/or store it and/or remove it.
- The bidder/buyer shall be responsible for any dismantling, removal and transport of the lot(s).
- The bidder/buyer himself shall arrange for the necessary tools, lifting and/or transport equipment and/or packing materials and means of transport.
- The bidder/buyer is obliged to dismantle and transport the goods professionally or to appoint someone to do so. In case damage is caused or is threatening to occur, the buyer shall immediately report this to VAVATO.
- The bidder/buyer shall reimburse the damages caused by him to floors, walls, roofs, grounds and third parties and/or repair these at his expense. The buyer shall assume full liability for the damages and consequences resulting therefrom.
- The bidder/buyer himself shall be responsible for obtaining the documents, licences and insurances necessary to collect and dismantle the purchased lot(s).
- Where necessary, upon collection of the purchased goods, the bidder/buyer shall leave the premises or grounds “broom clean”. The bidder/buyer shall also ensure to dispose waste properly. Any chemical waste and hazardous (waste) materials shall be disposed of and processed in such a way as prescribed by the government. At first request of VAVATO, the bidder/buyer shall submit evidence thereof.
- In case VAVATO has issued instructions to the bidder/buyer for entering and/or leaving the premises or grounds, dismantling, demolition, collection of the goods, storage, treatment or processing, use or application of the goods, the bidder/buyer shall follow these instructions in full. In case the bidder/buyer fails to do so, the bidder/buyer shall be held liable for all adverse effects resulting therefrom and VAVATO shall therefore be entitled to act upon these instructions at the expense and risk of the bidder/buyer.
- If the collection of other lots is prevented or made impossible due to the issuance of the lots purchased by the bidder/buyer, the bidder/buyer shall be required to collect the lots at the first day of issue or at a pre-arranged time of issue. VAVATO shall notify the buyer thereof by email and/or in writing.
- In case of resale, the bidder/buyer shall be bound to transmit the instructions given by VAVATO to his contracting party.
- Derogations from the instructions given by VAVATO shall be entirely at bidder’s/buyer’s own risk.
- The bidder/buyer shall indemnify VAVATO for all third-party claims resulting from conduct in breach of the aforementioned provisions.
Third-party claims and
- Bidder/buyer is aware of the fact that third-party rights (possibly) apply to the purchased goods, including property rights. These third-party rights shall be respected by the buyer. The buyer shall, at first request of the client and/or VAVATO, ensure as soon as possible that these rights are delivered, made available and settled properly. If the buyer, at first request of the client and/or VAVATO, returns the purchased goods undamaged, the buyer shall be entitled to a refund of the full purchase price (pro rata). The buyer shall at first request of the client and/or VAVATO demonstrate in writing that the buyer has settled (any) aforementioned third-party rights properly.
- Third-party claims pursuant to the rights referred to shall not give the buyer the right to dissolve or cancel, in full or in part, the sale agreement and shall not give the bidder/buyer the right to claim for compensation. Moreover, any claim for set-off, compensation, rebate, etc. shall hereby be excluded.
- The bidder/buyers shall indemnity VAVATO against all third-party claims, and shall reimburse the costs incurred or still to be incurred for defending such third-party claims, relating to or resulting from work delivered by VAVATO pursuant to the (user) agreement(s) concluded with VAVATO.
- In case VAVATO is liable, its liability shall be limited to what is provided in this Article as VAVATO acts as intermediary and thus not as owner of the goods.
- VAVATO shall not be held liable for indirect or consequential damages or any other damages of any kind. Nor shall VAVATO be held liable for specific damages such as (including but not limited to) loss of information, loss of profits, damages resulting from business interruption or any other pecuniary damages.
- VAVATO shall not be held responsible for missing or incomplete documents, including registration certificates, conformity certificates, roadworthiness certificates, Car-Passes, maintenance logs, manuals, software, etc…
- VAVATO shall not be held liable for incorrect descriptions and/or references in the catalogue/on the website. Any incorrect description and/or reference shall never lead to termination of the agreement or sale. All descriptions and/or references are purely indicative meaning that incorrect descriptions and/or references in the catalogue/on the website shall never be a ground for liability of VAVATO. Any indication of operations or other commercial specifications are purely indicative, without any guarantee or falling under VAVATO’s responsibility.
- VAVATO shall secure its website as much as possible. VAVATO cannot be held liable for damages resulting from any virus, bug, or program or application incompatible with the infrastructure adopted by the user as well as from circumstances which are beyond the control of VAVATO or any other damage resulting from the use of VAVATO’s website.
- Collecting the goods shall be done at buyer’s risk. VAVATO shall never be held liable for any (physical) damage caused to the buyer or third parties upon collection of the goods.
- The bidder/buyer shall remove the purchased goods professionally at his expense and risk without damaging the buildings and the other lots. The liability upon removal is borne entirely by the buyer. The buyer shall also be responsible for his assistants, employees or appointed persons upon removal of the goods. It is prohibited to burn, weld and grind without having sufficient insurance coverage.
- VAVATO shall not be held liable for damages caused by environmentally damaging or noxious substances in or on the purchased goods.
- The bidder/buyer shall be responsible for verifying the accuracy of the information sent by email during the online and/or live auction. VAVATO shall therefore not be held responsible by the bidder/buyer for technical mistakes or omissions in the information sent by email during the online and/or live auction.
- The bidder/buyer shall be deemed to have examined the lots thoroughly. By placing a bid, the bidder/buyer recognises and expressly confirms that he visited and inspected the lot he placed on a bid on previously. Therefore, he accepts the true condition of the lot.
- Each bidder/buyer, in the capacity of legal and natural person, shall be deemed to have bought for himself and in his own name and for which he is jointly and severally responsible. Each buyer remains liable for his purchase, even if someone else is designated as buyer. The buyer remains personally liable for payment of the lots attributed to him and this, in whatever capacity he might be acting.
- If several people together placed a bit, they shall be jointly and severally liable for the obligations resulting therefrom.
- By way of derogation from the statutory limitation periods, the period for submitting any claim and defence against VAVATO and auxiliaries who have been engaged in the performance of an agreement shall be limited to one year.
- A complaint shall be submitted within 24 hours after placing the bid. After this period, no complaint shall be accepted. The client shall be requested to always mention the invoice date and its number. Filing a complaint shall not discharge the client from its obligation to pay.
- VAVATO shall not be held liable for damages caused in the context of an online auction due to computer malfunctions, any interruptions of any kind, included but not limited to defects and/or malfunctions of hardware and/or software, other technical problems, overload, etc. VAVATO shall therefore not be held liable for damages caused if the (candidate) bidder/buyer due to a computer malfunction is not able to place a bid. In such a case, VAVATO shall decide whether to attribute the lots or to re-put them up for auction.
- VAVATO shall not be held liable for damages resulting from any virus, bug, or program or application incompatible with the infrastructure adopted by the user as well as from circumstanced which are beyond the control of VAVATO.
- VAVATO shall not be held liable for websites, links to websites and content of third-party websites on its own website. VAVATO placing links does not imply, in any case, approving its content.
- Except in the case of gross fault and intent on the part of VAVATO, VAVATO shall never be held liable for any damage as listed in this Article.
- The aforementioned circumstances shall never lead to any financial compensation to the client or third parties.
Intellectual property rights
- All intellectual property rights, including services as well as designs, drawings, documentation, software, data and any other material developed and/or used in preparation of or performance of the agreement between VAVATO and the bidder/buyer, as well as intellectual property rights resulting therefrom, shall be vested exclusively in VAVATO.
- VAVATO shall respect and ensure the privacy of the bidder/buyer and shall always act in accordance with the provisions of the Belgian Privacy Act (Act of December 8, 1992 on protecting the right to privacy with respect to the processing of personal data). For more information, please consult the Privacy Statement.
Applicable law and jurisdiction
- Any dispute relating to the conclusion, validity, interpretation or performance of this agreement, shall be governed by Belgian law and shall only be brought in the exclusive jurisdiction of the courts of Antwerp, even in case of several defendants. The Justice of the Peace having jurisdiction implies that the Justice of the Peace of the 5th Canton of Antwerp shall have jurisdiction.