General terms

Important info about the right of withdrawal

Various sellers make items available on Vavato’s platform. Solely consumers may exercise their right of withdrawal within the meaning of article 8 of the current Terms and Conditions. Withdrawing from any sale shall only be possible for items offered for auction by business Sellers. Withdrawal shall not be possible in the event of forced sales. The information concerning the capacity of the Buyer is stated in the lot description. The right of withdrawal shall only concern the price of the items. The auction charges cover the services already provided by Vavato and any withdrawal shall, therefore, not apply to them. Consumers who place a bid on vavato.com hereby agree that Vavato shall provide its services to them and shall perform said services vis-à-vis them before the cooling-off period expires. They equally acknowledge that they shall lose their right to forego the auction charges if their bid wins.

1. Scope

1.1. The current Terms and Conditions shall apply to the use of the website  www.vavato.com and its affiliated auction platform (hereinafter the “Platform”).

1.2. When creating an account on the Platform, Users take shall acknowledge the current Terms and Conditions. Users hereby accept that they shall be bound by the current Terms and Conditions vis-à-vis Vavato BV (hereinafter “Vavato”, registered with the Belgian Crossroads Bank of Enterprises under No. 0599.890.164, and located at Waaslandlaan 14, 9160 Lokeren, Belgium) and the Sellers of any Lots on the Platform.

2. Services

2.1. Users hereby accept that Vavato shall act as broker/intermediary when organising auctions on the Platform. Vavato shall make the Platform available to Bidders and Clients. In doing so, Vavato shall make available the descriptions of any Lots offered by its Clients, shall organise viewing days and shall take care of finalising any sales after the auction.
 

2.2. Unless expressly indicated otherwise, Vavato shall not be the Seller of any Lots offered for auction on the Platform. The purchase agreement after any auction shall be concluded exclusively between the User and the Client. Furthermore, any service agreement, which shall have the auction services for its object, shall also be concluded between Vavato and the User.

3. Registration and use of accounts

3.1. To use the Platform, Users must register at www.vavato.com.Users hereby confirm that the information provided upon registration on the Platform is correct. Users hereby confirm that they are of age.

3.2. Upon registration, Users must choose either a personal or business account. Business accounts may only be used by traders to bid. Users who wish to use the Platform for both business and personal purchases (as a consumer) must create two (2) separate accounts.

3.3. When creating an account, Users receive a personal login and password. Users are responsible for storing said information and shall be liable vis-à-vis Vavato and the Seller for all actions performed through said account.

3.4. By creating an account on the Platform, Users accept that their personal data will be processed and stored by Vavato in accordance with Vavato's Privacy Policy.

3.5. Users shall not use the Platform for any unlawful purposes or any purposes prohibited under the current Terms and Conditions. Users may not use the Platform in any way that will or may damage the Platform, cause it to malfunction or overload. Users must behave with decorum and must not harm other users. Users shall not collect or attempt to obtain through the website by any means any materials or information not provided or made available for the purposes it is being collected or obtained for. Users shall refrain from taking any information present on the Platform from the Platform in a systematic or automated manner, such as through content crawling and/or scraping. Users may not upload files in any way which contain viruses, corrupted files or any other similar software or programs that may harm computers in their proper functioning.

3.6. Vavato may exclude Users from the Platform with an appropriate period of notice. Although Vavato shall not be obliged to give any reasons for such exclusion, exclusion may happen, among other things, if there are indications that the User in question is not solvent, if the User has outstanding invoices whose payment terms have been exceeded, or if their account is being used in any way that violates applicable law or that could negatively affect the integrity of the Platform or any auction, including false bids in order to artificially inflate the price of any Lots. Users may also be excluded in the event of non-compliance with the arrangements made with Vavato, such as timely collecting any items purchased.
 
3.6. Vavato kan een gebruiker na kennisgeving uitsluiten van verder gebruik van het Platform. Hoewel Vavato voor dergelijke uitsluiting niet verplicht is om redenen op te geven, kan dit onder andere gebeuren wanneer er aanwijzingen bestaan dat de gebruiker niet solvabel is, wanneer de gebruiker openstaande facturen heeft waarvan de betalingstermijn is overschreden, of wanneer de account wordt gebruikt in strijd met toepasselijke wetgeving of op een manier die de integriteit van het Platform of een veiling negatief kan beïnvloeden, waaronder gebruik voor valse biedingen om de prijs van loten kunstmatig op te drijven. Een gebruiker kan onder andere ook uitgesloten worden bij niet-naleving van de met Vavato gemaakte afspraken, zoals het tijdig afhalen van gekochte goederen.

4. Lots, obligation to examine and information

4.1. Any items offered on the Platform are presented in lots (hereinafter “Lots”). The description of any Lots on Vavato's website shall be indicative only, based on information provided by Vavato's client (hereinafter the “Client”). Vavato may change or supplement said description at any time. Under reservation of any intentional errors on the part of Vavato, the latter shall not be liable for any information made available.

4.2. Any Lots offered on the Platform are of various kinds and include second-hand items and vintage/classic items (such as classic cars and old- and youngtimers). Any Lots are offered in the condition they are in. Vavato does not provide any warranty on any items sold through the Platform. Users may contact the Seller/Client for such purposes.

4.3. Vavato’s platform shall state whether the Seller is a private person or legal entity, or whether the sale in question concerns a forced sale.

5. Auction

5.1. After logging in with their account details, Users may submit bids on the Platform. The first step after logging in is to enter the base amount for the bid when displaying a Lot. After entering a bid, Users will see a review screen as a second step with the amount of their bid (price), the auction charges, any VAT and the total amount.

5.2. By confirming the bid after this review screen, the bid shall become binding on the User. Users shall remain bound by their bid until the Lot is definitively sold and has been paid, even if another user makes a higher bid. If the Lot is not sold to the highest bidder, the Client shall retain the right to sell said Lot to another bidder.

5.3. Users shall be banned from bidding on Lots offered for auction by themselves or any family members. Users may not make bids either on direct or indirect instruction from or after consultation with any Client, e.g. to inflate prices. Whenever Vavato determines that the current provision is being violated, Vavato may immediately suspend or stop the auction. In said event, the Client and User concerned shall be jointly and severally liable for compensation to Vavato, which shall amount to at least the auction charges on the price of the bid concerned, plus 21% VAT.

5.4. Vavato may verify Bidders’ identities and solvency. Vavato may request Bidders to show they are properly solvent. In the event that a User wishes to place a bid in excess of 4,000 EUR, they shall pay Vavato a one-off deposit of 200 EUR. In the event that said User does not or no longer wish to make a bid in excess of 4,000 EUR, they may request said deposit to be refunded.

5.5. In the event that a Lot is part of a combined Lot, said fact shall be indicated on the Platform together with the current highest bid on each individual lot. In the event that a bid on a combined lot is greater than or equal to the bid on the individual Lots, the combined lot shall, in principle, be sold to the bidder who made the highest bid on the combined lot.

5.6. Vavato may suspend, cancel, reschedule, extend and/or terminate auctions early at any time without users having any recourse vis-à-vis Vavato. Vavato may combine items into one Lot, split Lots and/or take them out of any auction.

5.7. Vavato may extend or reopen auctions, for example in the event of technical faults on the Platform, which have made it wholly or partially inaccessible to Users. In the event that a bid is made on a Lot during the last 6 minutes before closing, the auction for said Lot shall automatically be extended by 6 minutes after the initially indicated closing time.

6. Sale

6.1. Vavato’s Platform shall indicate whether a Lot will be sold provisionally or definitively sold. In the event of a provisional sale, Vavato shall submit the results to the Client after the auction has ended. Any sale shall be concluded only after approval from the Client. The Client shall have the right not to sell their Lot and to refuse the highest bid without giving any reason for the same. In the event that a Lot is sold definitively, the Client shall sell said Lot to the highest bidder, without the need for any additional agreement.

6.2. Said sale shall be concluded once the Client accepts a bid for the Lot. Vavato shall communicate the sale to the User who made the bid that was accepted. Said User shall pay to Vavato the price of the Lot sold to them, plus any VAT, as well as the auction charges on the price, plus 21% VAT, as well as (if applicable) the Artist's Resale Right.

6.3. After the sale, Vavato or its designated party shall send the User an email with a payment request for the total amount owed (bid + auction charges + VAT). The User shall be obliged to honour said payment request within the payment terms indicated.

6.4. After paying, the User shall receive an invoice for the price and auction charges. Vavato shall be entitled to invoice through any third party, whether or not after transferring its claim. Said invoicing may be done on behalf and account of the Client.

6.5. In the event that the User fails to pay the outstanding amount in full on its due date, Vavato shall be entitled to unilaterally dissolve the agreement. Vavato may then sell the Lot concerned to another bidder and/or offer the Lot for auction again. Said User shall be obliged to pay Vavato fixed compensation equal to the auction charges, though amounting to 25 EUR minimum. Vavato shall, moreover, be entitled to claim any compensation for actual damages incurred, including (but not limited to) storage costs and lost proceeds due to the difference between the unpaid and paid highest bid.

6.6. Unless expressly agreed otherwise in writing, Users shall not be entitled to any discounts or offsetting. Vavato shall, however, have the right to offset its claims or to net any claims it has on any User.

6.7. Users established abroad must pay the full amount, including VAT. Said VAT may be refunded, provided that the conditions for intra-Community sales are fulfilled and once the VAT number in a statement signed by the User (which must clearly show the place and country of destination) has been verified. VAT refunds shall only be possible if the User submits said statement to Vavato within five (5) days of delivery. In the event that the reverse charge mechanism applies, the Buyer shall not owe any VAT and must ensure themselves that any applicable tax procedures are followed. Users shall hold Vavato harmless against all claims, attachments or seizures within said context.

7. Transfer of risk and collection

7.1. The risk shall pass to the User, or Buyer of the Lot, once the items are released. Vavato shall reserve the right of ownership, which shall only pass to the User once all amounts owed have been paid. Any items shall only be released for collection upon presentation of the invoice and identity details. Visible defects should be reported at the time of collection, for packed goods the deadline is 3 working days after collection.

7.2. Users shall be obliged to collect their items at the location and time indicated on the invoice and Lot description. Only the User shall be obliged to pay import levies or other taxes in the event that the items are located abroad. In the event that any Lot must be disassembled, the User concerned shall do so themselves. Users must collect their items or have them collected in an expert manner, without causing damage to any items or persons. When collecting any items, Users undertake to comply with Vavato’s instructions or directions. In the event of collection at the Client's location, there shall only be one (1) time slot for such collection. The Buyer or any representative with power of attorney shall be present.

7.3. The following shall apply in the event that the Bidder collects their items late or not at all:

a) For items located on any Vavato premises, Vavato shall be entitled to storage costs of 90 EUR, incl. VAT, per lot per week for rolling stock and of 30 EUR, incl. VAT, per lot per week for any other items. Vavato shall have the right to suspend the release of items until the storage costs have been paid in full. In the event that the storage costs exceed the price paid by the Bidder for the item(s), the Bidder shall relinquish said item(s) to Vavato. In said event, Vavato shall have the right to auction the item(s) to cover the storage costs, without the User concerned having any recourse.

b) For items located on the Client’s premises: in the event that the Bidder collects the goods not at all or later than the time communicated by Vavato, the latter shall have the right to dissolve the purchase agreement on behalf of the Client. Costs, including in any case the auction charges amounting to a minimum of 25 EUR, shall apply.

7.4. Vavato may equally dissolve its agreement with the User in the event that the owner of any buildings or any other third parties assert any rights to a Lot (e.g. through attachment or garnishment) before said Lot has been collected by the Buyer. In said event, Vavato shall communicate the same to the user by e-mail and refund any amounts already paid. The User shall not be entitled to any additional compensation.

8. Right of withdrawal

8.1. Consumers who have made a purchase from a business Seller through a personal account on the Platform, shall have the right to withdraw from said sale within a period of 14 days after release of the items. Said withdrawal shall not be permitted for purchases made through business accounts and for purchases from private Sellers. Withdrawing shall not be possible either in the event of forced sales.

8.2. To exercise their right of withdrawal, Users must inform the Seller of their decision to withdraw from the agreement by way of an unambiguous statement delivered by registered letter. In the event of any invoice sent on behalf and account of the Client (see article 6.4), Users may only exercise their right of withdrawal by sending a notice to the Client/Seller. Users may use the model form for this purpose:

Model form for withdrawal:

To [the Client indicated on the invoice]:

With this notice, I wish to cancel my purchase of the following items through the www.vavato.com platform:

[Lot description and No.] [issue date]:

Name:
Address:
Date:

8.3. By placing a bid on the Platform, the Consumer agrees to the provision and performance of auction services by Vavato. This withdrawal shall not apply to the fees for these services, the auction charges.

8.4. Consumers who withdraw from a sale through the Platform, but have already received the item, are obliged to return the item on their account to Vavato within a period of 14 days after the withdrawal notice.

8.5. Consumers shall be liable for the loss of value of the item(s), unless such losses are caused by the nature, features and operation of the item(s) merely being established.

9. Liability

9.1. Vavato shall not be liable for any consequential or economic damages, except in the event of intent. In cases where Vavato’s liability cannot be legally excluded, said liability shall be limited to the legally required minimum and (in any case) to the amount paid out by its insurance provider. In the event that any damage is not covered by its insurance provider, Vavato's liability shall be limited to the auction charges.

9.2. Vavato shall not be the Seller of the Lots, unless indicated otherwise. Any User rights may only be exercised against the Client.

9.3. Although Vavato undertakes to keep the Platform up and running as much as possible, Vavato cannot be held liable for any technical faults or downtime.

9.4. Under reservation of any intent or gross negligence, Vavato cannot be held liable for any errors or omissions in Lot descriptions provided for information only.

9.5. Vavato cannot be held liable in the event of force majeure, including theft, fire, accident and water damage.

10. Miscellaneous
 

10.1. The current Terms of Use may be changed by Vavato with a notification to Users by e-mail or upon account login. The amended Terms and Conditions shall apply to auctions and Bids after said notification.

10.2. The Dutch version of the current Terms and Conditions shall take precedence over any translations, which shall be made available for information only.

10.3. In the event that any clause in the current Terms and Conditions should be found to be invalid or unenforceable by any competent court of law, said provision shall be substituted by a provision that shall have the same effect to the extent permitted by law.

10.4. Any disputes resulting from the current agreement shall be subject to Belgian law. The business courts of the Belgian city of Antwerp, Antwerp division, shall settle any disputes, without prejudice, however, to Vavato's right to designate a different competent court. In the event of any dispute with Vavato, Consumers may rely on the ODR platform (http://ec.europa.eu/odr), though they shall not be obliged to do so.