Terms and conditions
BV VAVATO GENERAL TERMS AND CONDITIONS
Section 1: Definitions
General Terms and Conditions: the current General Terms and Conditions applicable to the use of BV VAVATO’s website within the context of both the legal relationship between BV VAVATO and the User and between the Seller and the buyer whenever a purchase agreement is concluded through the Platform.
Bid: any amount (plus any auction charges and VAT) proposed by a User for the purchase of a Lot offered for Auction on the Platform.
BV VAVATO: a private limited liability company under Belgian law, with its registered office at Waaslandlaan 14, 9160 LOKEREN, Belgium and with company number 0599.890.164.
User: any person who has registered on the Platform by creating an account to use the Platform.
Lot: any presentation of goods offered for Auction on the Platform.
Registration: the registration of a person on the Platform to create an account.
Auction: any online auction for the sale of a Lot which takes place through the Platform.
Seller: the person offering one (1) or more Lots for Auction on the Platform.
Platform: the www.vavato.com website as well as any affiliated websites with any references to the former, also operated by BV VAVATO.
Section 2: General provisions
2.1 The current General Terms and Conditions shall apply to all agreements with BV VAVATO and to every use by Users of the Platform, including, but not limited to, Registration and participation in Auctions as well as any resulting agreements.
2.2 When registering on the Platform, Users shall acknowledge and expressly accept the current General Terms and Conditions. Users hereby accept that they shall be bound by the current General Terms and Conditions vis-à-vis BV VAVATO and the Sellers of any Lots on the Platform. By placing Bids, Users expressly confirm that the present General Terms and Conditions shall apply.
Section 3: Services
3.1 Users hereby accept that BV VAVATO shall act as broker/intermediary when organising Auctions on the Platform. BV VAVATO offers Users the opportunity to buy and sell items through the Platform. BV VAVATO shall make the Platform available to Users. BV VAVATO shall make available the descriptions of any Lots offered by the Sellers, shall organise viewing days and shall take care of finalising any sales after Auction.
3.2 Unless expressly indicated otherwise, BV 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 Seller. Furthermore, any service agreement, which shall have the auction services for its object, shall also be concluded between BV VAVATO and the User.
Section 4: Registration and use of accounts
4.1 Users shall register to use the Platform. Users shall thereby confirm that the information provided upon Registration on the Platform is correct. Users shall thereby confirm that they are of age.
4.2 Upon Registration, Users must choose either a private or business account. Business accounts may only be used for bidding by companies. Users who wish to use the Platform for both business and private purchases (as a consumer) must create two (2) separate accounts.
4.3 When creating an account, Users will receive a personal login and password. Users shall be responsible for storing said information and shall be liable vis-à-vis BV VAVATO and the Seller for all actions performed through said account.
4.4 By creating an account on the Platform, Users accept that their personal data will be processed and stored by BV VAVATO in accordance with BV VAVATO's Privacy Statement.
4.5 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 cause harm to other users. Users shall not collect or attempt to obtain through the Platform by any means any materials or information not provided or made available for the purposes it was 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.
4.6 BV VAVATO may exclude Users from any further use of the Platform. Although BV VAVATO shall not be obliged to give any reasons for such exclusion, exclusion may happen, among other things though not exclusively, 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 BV VAVATO, such as timely collection of any items purchased.
Section 5: Lots, obligation to examine and information
5.1 The description of any Lots on the Platform shall be by way of indication only, based on information provided by BV VAVATO's Seller. BV VAVATO may change or supplement said description at any time. Under reservation of any intentional errors on BV VAVATO’s part, the latter shall not be liable for any erroneous information made available.
5.2 Any Lots offered on the Platform are of various kinds and include, inter alia, 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. BV VAVATO does not provide any warranty on any items sold through the Platform. Users can only contact the Seller for such purposes. In accordance with Section 3.1 of the current General Terms and Conditions, BV VAVATO shall merely serve as intermediary.
5.3 BV VAVATO’s platform shall state whether the Seller is a natural person or legal entity, or whether the sale in question concerns a forced sale.
5.4 BV VAVATO shall organise viewing days or times to inspect any Lots during the Auction. Before placing a Bid, Users shall thoroughly inspect the items during said viewing times, with or without assistance from an expert in said goods. Users who place a Bid on a Lot shall be deemed to accept the actual condition of said Lot, including any defects. If a User places a Bid on a Lot without having inspected said Lot, their Bid shall be binding, however the User shall not derive any rights from the description of said Lot made available online. Therefore, any Bid placed without inspection shall be at the User's own risk, who shall accept the same.
Section 6: Secure use of the Platform
6.1 BV VAVATO shall take appropriate technical and organisational measures to protect its Platform against data loss and/or unauthorised use in accordance with reasonable expectations.
6.2 However, it shall not be guaranteed that the Platform, including any affiliated services, will meet Users’ expectations at all times. Furthermore, BV VAVATO cannot guarantee that the Platform will operate error-free. BV VAVATO cannot be held liable for any damage resulting from the Platform not operating error-free.
6.3 Users may not reproduce or make available the Platform, through deep links or in any other way, without prior written consent of BV VAVATO.
6.4 BV VAVATO shall not be liable for any data loss, damage to files, unauthorized access to computers or files, the spread of viruses or other illegal programs or files or any other issues resulting from the use of the Platform.
6.5 Users shall not display or share any (hyper)links on the Platform without BV VAVATO’s prior consent. In any case, BV VAVATO cannot be held liable for any damage resulting from any User clicking on a (hyper)link.
Section 7: Auction
7.1 After logging in with their account details, Users may submit Bids on the Platform. However, participation in Auctions shall not be permitted for Users who are legally incapacitated. The first step after logging in is to enter the base amount for the Bid when a Lot is displayed. 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. By confirming the Bid after this review screen, the Bid shall become binding on the User. A Bid made by a User shall be deemed irrevocable and shall be made without any reservation. 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 Seller shall retain the right to sell said Lot to another bidder.
7.2 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 Seller, for example to inflate prices. Whenever BV VAVATO determines that the current provision is being violated, BV VAVATO may immediately suspend or stop the Auction. In said event, the Seller and User concerned shall be jointly and severally liable for compensation to BV VAVATO, which shall amount to at least the auction charges on the price of the Bid concerned, plus 21% VAT.
7.3 BV VAVATO may verify Bidders’ identities and solvency. BV VAVATO may request Users 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 BV 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.
7.4 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 of the individual lots. 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.
7.5 Sellers shall have the option to set a reserve price for their Lots. The reserve price is the lowest price a Seller is willing to accept for their Lot. At the end of any Auction, Lots shall be sold to Users who have placed a Bid equal to or higher than the reserve price. If the reserve price is not reached during the Auction, the Seller shall still have the option to sell their Lot to the highest bidder.
7.6 BV VAVATO may suspend, cancel, reschedule, extend and/or terminate Auctions early at any time without Users having any recourse vis-à-vis BV VAVATO. BV VAVATO may combine items into one Lot, split Lots and/or take them out of any Auction.
7.7 BV VAVATO uses a bid log (bid history for each individual Lot) to determine the definitive buyer. In the event of disagreement concerning the way the definitive Buyer is determined, the bid log shall prevail.
7.8 BV 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.
Section 8: Sale
8.1 BV VAVATO’s Platform shall indicate whether a Lot is to be sold provisionally or definitively. In the event of a provisional sale, BV VAVATO shall submit the results to the Seller after the Auction has ended. Any purchase agreement shall be concluded only after approval from the Seller. The Seller 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 Seller shall sell said Lot to the highest bidder, without the need for any additional agreement.
8.2 Said sale shall be concluded once the Seller accepts a Bid for the Lot. BV VAVATO shall communicate the sale to the User who made the Bid that was accepted. Said User shall pay to BV 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.
8.3 After the sale, BV VAVATO or any designated party shall inform the User by email about the payment process for the Lots on the Platform. Users shall receive an email directing them to their Platform Account, where they need to make payment.
8.4 After paying, the User shall receive an invoice on behalf of the Seller for the price of any Lot purchased plus any auction charges. BV VAVATO shall reserve the right to invoice through any third party, whether or not after transferring its claim. Said invoicing may be done on behalf and account of the Seller.
8.5 In the event that the User fails to pay the outstanding amount in full on its due date, BV VAVATO shall be entitled to unilaterally dissolve the agreement. BV VAVATO may then sell the Lot concerned to another bidder and/or offer the Lot for Auction again. Users who fail to pay any outstanding amounts in a timely manner, shall owe BV VAVATO fixed compensation equal to 25% of the value of the Lot plus the total auction charges, with a minimum of 25 EUR. BV 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.
8.6 Unless expressly agreed otherwise in writing, Users shall not be entitled to any discounts or offsetting. BV VAVATO shall, however, have the right to offset its claims or to net any claims it has on any User.
8.7 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, which shall be provided in a statement signed by the User (showing clearly the place and country of destination), has been verified. However, the latter shall only apply if the User submits said statement to BV VAVATO within three (3) days of delivery.
Users located outside the European Union who wish to have any VAT refunded, must provide the customs documents to BV VAVATO within three (3) days following scheduled delivery in order to be eligible for a VAT refund. BV VAVATO shall reserve the right to request additional documents from the User to refund any VAT amounts. Users must submit the aforementioned documents to BV VAVATO within three (3) days following BV VAVATO’s request for additional documents. BV VAVATO shall not be liable for not refunding any VAT amounts if any requested additional documents were provided by the User in an untimely manner.
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 BV VAVATO harmless against all claims, attachments or seizures within said context.
Section 9: Transfer of risk and collection
9.1 The risk shall pass to the User/Buyer of the Lot, once the items are collected. BV 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 must be reported upon collection or, for packaged items, within three (3) working days after collection.
9.3 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 Lots 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 BV VAVATO’s instructions or directions. In the event of collection at the Seller'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.
9.3 The following shall apply in the event that the Bidder collects their items late or not at all:
a) For items located on any BV VAVATO premises, BV 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. In addition, BV 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 BV VAVATO. In said event, BV VAVATO shall have the right to auction the item(s) to cover the storage costs, without the User concerned having any recourse. In addition to storage costs, BV VAVATO shall also have the option of dissolving the purchase agreement and requesting payment from the User for the following costs: 25% of the Lot value and the total auction charges, with a minimum of 25 EUR.
b) For items located on the Seller’s premises: in the event that the Bidder collects the goods not at all or later than the time communicated by BV VAVATO, the latter shall have the right to dissolve the purchase agreement on behalf of the Seller. Costs (including in any case 25% of the Lot value and the total auction charges, with a minimum of 25 EUR) shall apply. In the event that the Bidder collects their items late or not at all, the Seller shall also be entitled to charge reasonable storage costs to the Bidder.
9.4 BV 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 (for example through attachment or conservatory garnishment) before said Lot has been collected by the Buyer. In said event, BV 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.
Section 10: Right of withdrawal
10.1 Consumers who have made a purchase from a business Seller through a private account on the Platform, shall have the right to withdraw from said sale within a period of fourteen (14) days after collecting the items. Said withdrawal shall not be permitted for purchases made through business accounts/Users and for purchases from private Sellers. Withdrawing shall not be possible either in the event of forced sales.
10.2 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 Seller (see section 8.4 of the current General Terms and Conditions), Users may only exercise their right of withdrawal by sending a notice to the Seller. Users may use the following model form for this purpose:
Model form for withdrawal:
To [the Seller 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 number]:
[Collection date]:
Name:
Address:
Date:
10.3 By placing Bids on the Platform, Users agree to the provision and performance of auction services by BV VAVATO. This withdrawal shall not apply to the fees for these services, the auction charges. Users who place a Bid through the Platform hereby agree that BV VAVATO shall provide its services to them and shall perform said services before the cooling-off period expires. They equally acknowledge that they shall lose their right to forego the auction charges if their Bid wins.
10.4 Users who withdraw from a sale through the Platform, but who have already received the item, are obliged to return the item on their account to BV VAVATO within a period of fourteen (14) days after the withdrawal notice. If the item has been collected directly from the Seller or has been shipped by the Seller, the User must return the item directly to the Seller in accordance with the Seller’s instructions.
10.5 If the User decides to withdraw from their purchase, the Platform shall refund any amounts paid for the auctioned item within fourteen (14) days of receiving the withdrawal notice, provided however that the auctioned item is received in its original condition.
10.6 Users shall be liable for any 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.
Section 11: Intellectual property
11.1 Users hereby acknowledge and consent that, by using the Platform, they shall not acquire any right, interest or share in the intellectual property rights in the Platform.
11.2 While using the Platform, Users must not infringe upon the intellectual property rights of the Platform or any third parties.
11.3 BV VAVATO shall reserve the right to take any necessary measures to prevent or stop any infringement upon intellectual property rights, including removing content in violation of the current General Terms and Conditions, terminating accounts and taking legal action if necessary.
11.4 Users shall retain all intellectual property rights in their items. However, they hereby grant BV VAVATO a worldwide, non-exclusive and irrevocable licence free of charge to disclose and/or reproduce said items for all purposes deemed necessary by BV VAVATO, including but not limited to any promotional purposes. Said licence shall not end upon deletion of Users’ accounts or when they cease using the Platform.
11.5 BV VAVATO shall not be liable for any infringements upon intellectual property rights resulting from Users’ conduct or activities on the Platform. Users shall hold BV VAVATO harmless against all liability and damage the Platform could incur as a result of infringements upon intellectual property rights by Users.
Section 12: Liability
12.1 By registering, Users acknowledge and agree to the fact that technical defects may occur during Auctions on the Platform, among other things.
12.2 BV VAVATO hereby excludes all liability for any damage, whether direct or indirect, resulting from, but not limited to, the use of the Platform, under reservation of any wilful and/or gross negligence on BV VAVATO’s part.
12.3 BV VAVATO shall in no case be liable for any damage resulting from:
- the impossibility to use the Platform (fully);
- any malfunction occurring on the Platform;
- any unauthorised use of the Platform;
- any errors in the Platform software;
- any Lot not meeting the specifications as mentioned on the Platform;
- the fact that the Lot information on the Platform is incorrect, incomplete or not up-to-date;
- any actions taken by the User and prompted by information posted on the Platform;
- any defects in the Lots;
- any infringement upon any third-party intellectual property rights;
- any third-party defects/errors;
- any measures taken by BV VAVATO vis-à-vis a User and/or a Lot.
12.4 BV VAVATO strives for the greatest possible accuracy and completeness in its Lot descriptions on the Platform. BV VAVATO cannot, in any case, be held liable for any damage resulting from any incorrect or incomplete Lot descriptions.
12.5 Users hereby acknowledge that the Platform does not provide any guarantee regarding the nature, quality, authenticity, safety, legality or any other aspect of any auctioned items. All auctioned items are sold with all their visible and invisible defects.
12.6 The Platform shall not be responsible for Users’ compliance with any obligations, such as the payment of the auction price, the delivery of any auctioned items or fulfilling other transaction-related obligations. The Platform shall not enter as a contracting party into any agreements between Users.
12.7 In cases where BV 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 BV VAVATO’s insurance provider. In the event that any damage is not covered by BV VAVATO’s insurance provider, BV VAVATO’s liability shall be limited to the auction charges.
12.8 BV VAVATO shall not be the Seller of the Lots, unless indicated otherwise. Any User rights may only be exercised vis-à-vis the Seller.
12.9 Under reservation of any intent, BV VAVATO cannot be held liable for any errors or omissions in Lot descriptions, which shall be provided for information only.
12.10 BV VAVATO cannot be held liable in the event of force majeure, including (but not limited to) theft, fire, accident and water damage.
Section 13: Complaints procedure
13.1 Users with complaints shall submit the same to the Platform in writing. To do so, they must send an email to info@vavato.com.
13.2 Any complaints shall include the following information:
a. Name and contact details of the party submitting the complaint;
b. A clear description of the complaint;
c. Any relevant documents or attachments.
13.3 The Platform shall confirm receipt of any complaint within five (5) working days and shall inform the party who submitted the complaint about the complaints handling process.
13.4 The Platform shall aim to resolve any complaints within a reasonable period of no more than thirty (30) days.
13.5 Any additional information required from the party who submitted the complaint shall be requested in writing. The thirty-day (30-day) period shall be suspended until any such required information has been received.
13.6 The auction platform shall carefully investigate any complaints and attempt to find a suitable solution.
13.7 Once a complaint has been processed, the Platform shall communicate its motivated decision in writing to the party who submitted said complaint.
13.8 In the event that any complaint cannot be resolved through BV VAVATO’s complaints procedure, the User shall have the option to submit said complaint to other entities. A request to do so can be made through the European Online Dispute Resolution Platform. Furthermore, the use of this complaints procedure shall not affect the right of Users to submit their disputes to the competent courts.
Section 14: Miscellaneous
14.1 BV VAVATO shall be entitled to amend or supplement the current General Terms and Conditions at any time. The most recent version of the General Terms and Conditions can be consulted on the Platform. The current General Terms and Conditions may be changed by BV VAVATO with a notification to Users by e-mail or upon account login. Users who continue to use the Platform after the General Terms and Conditions have been amended or supplemented, irrevocably accept said amended or supplemented General Terms and Conditions. The amended General Terms and Conditions shall apply to auctions and Bids after said notification.
14.2 The Dutch-language version of the current General Terms and Conditions shall prevail over any translations of said General Terms and Conditions.
14.3 In the event that any provision in the current General Terms and Conditions is found to be invalid, the remaining provisions of said General Terms and Conditions shall remain unaffected. Any invalid provision in the current General Terms and Conditions shall be interpreted/reduced/amended in such a way that it is valid and comes as closely as possible to the intent of the provision for Users and/or the Platform. In the event that a provision of the current General Terms and Conditions is found to be only partially invalid, its remainders shall remain unaffected.
14.4 Any disputes resulting from the current General Terms and Conditions shall be subject to Belgian law. Any disputes resulting from the current General Terms and Conditions shall be subject to the jurisdiction of the courts of the Belgian judicial district of Antwerp, without prejudice to the right of BV VAVATO to file with a different competent court. In the event of any dispute with BV VAVATO, Users may rely on the Online Dispute Resolution Platform (http://ec.europa.eu/odr), though they shall not be obliged to do so.
Version date: May 2, 2024
