User Terms of Auction2day Platform – Version February 2024
These user terms (the “User Terms“) apply to all use of the website www.auction2day.com and the Auction2day app and the underlying systems (the “Platform“), to all services offered by Auction2day and to all agreements entered into by Auction2day for the use of the Platform and the services. If you use the Platform, you agree to these User Terms.
Article 1. Definitions
1.1. Unless otherwise indicated, the User Terms shall mean:
Account: the combination of a username and password that allows a User, by logging on to the Website, to access and participate in the Auction;
Auction: an online auction via the Platform for the sale of a Lot, which includes a Public Auction;
Auto Bid: a Bid in which the User indicates the maximum price they are willing to pay for a Lot. Following an overbid by a third party, the Platform’s auction system will then automatically place the minimum possible higher Bid in the User’s name, as long as the maximum indicated by the User has not been reached. The User can only cancel this systematic action in the interim by placing a Static Bid which is the highest Bid at that time;
Bid: any amount bid by the User in an Auction on the Platform via its Account for a Lot, to be increased by, among other things, the auction fee and VAT, being an irrevocable offer by the User to purchase the Lot for the amount bid;
Goods: one or more goods within the meaning of Article 3:1 of the Dutch Civil Code;
Lot(s): one or more Goods to be auctioned individually or jointly, under one lot number at the Auction;
Notary: the supervising notary specifically for Dutch auctions who, on the basis of the bid log, checks in retrospect (by random sampling) whether the Auctions have been conducted in the manner described in the User Terms, the Terms and Conditions for Buyers and the Specific Auction Terms and Conditions, currently Mr. J.C. Verburg, or his deputy, associated with Pillar notarissen B.V;
Personal Data: the data provided by the User that can be traced back to his/her person, which in any case should be understood to mean his/her name, address, place of residence and e-mail address;
Platform: the website www.auction2day.com;, the Auction2day app and the underlying systems.
Public Auction: a Dutch Auction conducted by an auctioneer and under the supervision of the Notary or bailiff, in which the Buyer can be present at the Auction in person or has the opportunity to do so within the meaning of Article 6:230g paragraph 1 under j of the Dutch Civil Code, in which the User undertakes with the Bid to purchase the Lots if a purchase agreement is concluded through allotment;
Registration: the registration of a natural person for themselves or a natural person acting on behalf of a legal entity on the Platform for the creation of an Account;
Seller: the one who offers one or more Lots for Auction for sale;
Specific Auction Terms and Conditions: the terms and conditions in addition to, supplementary to, or in derogation of, the Terms and Conditions for Buyers that govern participation in a specific Auction, as stated on the Platform for the Auction in question
Static Bid: a Bid by the User in the form of a fixed amount for a Lot; Subscription: the registration by the User for a Lot, by which the User informs Auction2day of his intention to place a Bid on a Lot, whether or not in combination with the payment of a subscription amount determined on the Platform, after which Auction2day can give the User the opportunity to place a Bid on a Lot;
Terms and Conditions for Buyers: the document containing the general conditions that, in addition to the User Terms, apply to the legal relationship between Buyers and Auction2day. The Terms and Conditions for Buyers also apply to the legal relationship between Buyers and Seller in the event a purchase agreement is established through the Platform;
Auction2day.com Slovakia., trading under the names “Auction2day”, “Auction2day.com”, registered in the Trade Register of the Chamber of Commerce under number
| IČO: | 55 198 64 |
and having its registered office in Seneca/Slovakia, and/or its subsidiary or sister company(ies);
User: the person who, through Registration, has created the Account to use the Platform, to participate in the Auction, among other things; User Terms: this document containing the terms and conditions for the use of the Platform, including participation in the Auction;
1.2 Definitions may be used in singular or plural without loss of substantive meaning.
Article 2. General
2.1 Auction2day is an intermediary, operating an online auction platform to sell Lots either through bidding or privately, in the name and for the account and risk of Sellers. Auction2day is not a party to the agreement reached between a Seller and a User.
Article 3. Account
3.1 Only Users who are 18 years of age or older can create an Account on the Platform through Registration. When creating an Account, Users must fill in the correct Personal Data, such as a correct name, address, VAT number and other requested data. Additional address, personal, and/or bank verification may be part of the Registration. Auction2day reserves the right to refuse and/or unilaterally terminate a Registration.
3.2 The Account comes about through Registration on the Platform, after which Auction2day confirms the Registration to the User by email at the email address supplied by the User and creates an Account. The Account enables the User, among other things, to follow the progress of the Auctions through the Platform and to place a Bid on a Lot in an Auction. The Account is not transferable for a User.
3.3 Auction2day confirms the Registration by email to the User at the email address supplied by the User, after which the User can gain access to the Auction through his Account using the chosen password. After gaining access to the Platform, the User is obligated to behave properly and not to cause any damage to the Platform or other users thereof. The User is liable for all actions that take place on the Platform after gaining access to it with the help of the User’s password or the Account’s authorization key.
3.4 The User guarantees the accuracy and completeness of the Personal Data provided during the Registration. Should the Personal Data change at any time, the User is obliged to inform Auction2day immediately of such change(s).
3.5 The User’s username and password are strictly personal and may not be transferred by the User to third parties. The User is liable for and bound to all actions that take place concerning an Auction and that arise from the use of the password and/or user name, also in case of misuse by a third party. If the User fears that someone else knows his password, the User must inform Auction2day immediately and the User will enable Auction2day to block his Account. The User indemnifies Auction2day and compensates her for all damage arising from misuse and/or use of the User’s Account.
3.6 Auction2day records the Personal Data obtained by it in an administration kept for that purpose. By Registration on the Platform, the User gives permission for the use and storage of the Personal Data registered. Its privacy statement explains how Auction2dayhandles the protection of Personal Data when using the Platform. Users are not permitted to collect Personal Data from other Users and/or to approach other Users for offering their own products and/or services.
3.7 By (one-time) Registration, the User accepts these User Terms for each time the User logs on to the Platform and makes bids or not.
Article 4. Safe use of the Platform
4.1 Auction2day makes every effort, insofar as this can reasonably be expected of it, to secure its Platform against loss of data and/or against any form of unlawful use and takes the appropriate technical and organizational measures to that end.
4.2 Auction2day cannot guarantee that the Platform (and related services) will always meet the expectations of Users. Neither can Auction2day guarantee that the Platform functions without error and/or that continuous and/or safe access to the Platform or parts thereof can be obtained.
4.3 The Users are forbidden to reproduce the Platform or any part thereof or to make it available (by deeplinking or otherwise) without prior written permission from Auction2day.
4.4 Auction2day.com is not liable for loss of data, damage to files, unlawful access to computers or files, viruses or other unlawful programs or files spread via the Platform, or any other consequence of use of the Platform.
4.5 The User is not permitted to display (hyper)links on the Platform unless prior written permission has been obtained from Auction2day.com. Auction2day.com has no authority over the content of such (hyper)links and is not liable for the same.
4.6 Inorder to experience optimal operation of the Platform, Users must at all times use the latest updated version of the Platform, more specifically the Auction2day.com app. This includes that Users must update the Auction2day.com app to the latest version. Auction2day.com will remind Users to update the Auction2day.com-app and is not liable for damages resulting from the use of outdated version of the Auction2day.com-app.
4.7 All intellectual property rights relating to the Account and the Platform, including the development thereof and the database of Lots, belong exclusively to Auction2day.com. The User only has a limited, non-exclusive, non-(sub-)licensable and non-transferable right to use the Account and the Platform. The User’s right to use the Account and the Platform can be terminated by Auction2day.com at any time. Auction2day.com can also set further conditions to the User’s right of use.
4.8 The Platform, the Account and all applicable functionalities are offered ‘as is’. Auction2day.com offers no guarantee as to the preservation or unchanged nature of certain functionalities of the Platform or the Account. Auction2day.com will resolve any defects with respect to the Platform and the Account as soon as possible. Auction2day.com has at all times the right, without prior notice, to put the access to the Account and the Platform (temporarily) out of operation or to limit the use thereof, insofar as this is necessary for maintenance, or in order to implement updates, releases, adjustments or improvements. This never entails a right to compensation or damages for the User towards Auction2day.com.
4.9 Auction2day.com has no general obligation to proactively monitor Content posted by Users for legality or compatibility with the rights of third parties, the terms and conditions of Auction2day.com or the policies of Auction2day.com. Auction2day.com is nevertheless entitled to carry out voluntary checks on its own initiative in order to detect illegal or infringing content, determine it and take appropriate measures in accordance with Article 6 of these User Terms.
4.10 Auction2day.com uses both human evaluation and automated systems to ensure that the Platform remains safe, transparent and clean of illegal lots and Users bidding with no intention of purchasing a lot. This involves identifying lot descriptions that clearly violate the law and/or the User Terms and looking at the bidding behavior of Users. In addition, Auction2day.com maintains partnerships with authorities to reduce the trade in prohibited products and to combat scams and fraud.
Article 5. Participation in an Auction
5.1 Participation in an Auction is not permitted if the User is not authorized to perform legal acts or if the User is incapacitated.
5.2 The User may submit a Bid for a Lot on the Platform through their Account. Every valid Bid placed during the Auction is unconditional, irrevocable (binding) and without any reservation. During the Auction there is only a valid Bid if the Bid is registered by the server of Auction2day.com. All Bids and relevant transaction data registered by the aforementioned server are automatically stored in the bid log. In determining the validity of a Bid placed, the bid log, to the exclusion of any other alternative means of proof, shall be decisive.
5.3 A Bid must be made in the manner indicated by Auction2day.com on the Platform. The Auction is conducted by Static Bid, Auto Bid or Tender.
5.4 It is possible that Auction2day.com requires Users to pay a deposit of at least EUR 200 in order to be able to participate (further) in an Auction. In this way Auction2day.com ensures that only serious bidders participate in the Auction. The deposit is automatically returned to the Users within 60 days provided that the Account is not blocked. Users can request an earlier refund of the deposit if the applicable conditions are met. These conditions can be found at https://service.auction2day.com. Auction2day may also ask for further address, personal and/or bank verification.
5.5 Auction2day.com uses its bid log to determine the winning bidder. If there is a discrepancy between the bid log and other online data or messages on the Platform or otherwise, the bid log prevails. Auction2day.com and/or the Seller of the Lot, is entitled not to accept a Bid without giving reasons.
5.6 Auctions may be under allocation. This means that within 48 hours after the close of the Auction, the Seller will determine whether the Lots will be sold to the highest bidder. No sale will occur if the Seller does not allocate the Lots to the highest bidder.
5.7 Sellers have the option to set a reserve price for Lots. This reserve price represents the lowest price at which Sellers are willing to sell Lots during the Auction. At the end of an Auction, the Lots will be sold to a bidder whose Bid is equal to or higher than the reserve price. If the reserve price is not reached, the Lots will be sold to the highest bidder if the Seller decides to allocate the Lot to the highest bidder even if the reserve price is not met.
5.8 Auction2day.com reserves the right to cancel, terminate (earlier than stated on the Platform) or extend an Auction. In case of a technical malfunction of the Platform, due to which it is not fully accessible and/or not accessible to all Users, Auction2day.com has the right to extend the Auction by 24 hours or cancel the Auction. If the Auction is cancelled or extended following an error or dispute regarding bidding, Auction2day.com will notify the highest bidder as soon as possible.
Article 6. Reports of violations and measures
6.1 When using the Platform, all Users must comply with both the law and the User Terms. If Users wish to report illegal, infringing, offensive content or other problems about Lots, Auction2day.com requests them to send an email tooffice@auction2day.com. Complaints about scams can also be reported through this mail address.
6.2 If Auction2day.com receives indications from Users, third parties or for other reasons believes that a particular User does not comply with the law and/or the User Terms, Auction2day.com reserves the right, if necessary for the safety and protection of the Platform, to take measures. Auction2day.com can also take such measures if a User uses the Platform in an unreasonable manner, such as causing hindrance or damage by, among other things, placing bids without the intention of purchasing the Lots. In some cases Auction2day.com can take these measures without prior warning to the User. The measures to be taken by Auction2day.com can include:
- A warning to the User;
- Removing bids, lots or other content that violates applicable laws;
- Excluding (temporarily or otherwise) a User from the Platform or limiting certain functionalities for this User. This may include: suspending the Account of the relevant User and limiting the ability to write Lots;
- The suspension of obligations of Auction2day.com towards the User and (dis)payments to which the User is entitled temporarily block (whether or not with the help of its payment service provider) as long as the User does not meet an obligation from these User Terms after Auction2day.com has pointed this out.
6.3 The specific measures taken by Auction2day.com in a particular case and the duration of these measures depend on the actual circumstances. Among other things, Auction2day.com takes into account the number of times that a User has placed illegal content, the nature of the illegal content, its consequences and the intention behind the placement of content. In the case of bidding by a User without the intention of purchasing lots, when taking measures the circumstances under which bids have been placed, the intention behind the bids and the consequences of these bids for other Users will also be taken into account.
6.4 In the context of the aforementioned measures, Auction2day.com can process the personal data of those involved. If necessary, Auction2day.com can pass on Personal Data of those involved within the limits of the law, for example to the police and other (government) agencies.
Article 7. Notarial supervision
7.1 The Dutch Auctions organized by Auction2day.com are under notarial supervision of the Notary. In order to carry out this supervision, the Notary, to the exclusion of any other party except Auction2day.com, has access to the bid log of Auction2day.com at all times.
7.2. The Notary can view the bidding history of all Users and all Auctions in the bid log at any time. Based on the bid log, the Notary verifies retrospectively (randomly) whether the bidding process of the Auction was conducted with integrity, transparency and in accordance with the provisions of the User Terms and Conditions, the Terms and Conditions for Buyers and the Specific Auction Terms and Conditions.
7.3 The Notary, its employees and Pillar notaries B.V. cannot be held liable, barring gross intent or gross negligence, for any loss, damage or disadvantage arising directly or indirectly from or related to: (i) the operation of the Platform, (ii) the accuracy and/or completeness of the content of any information provided by them, whether or not in the context of an Auction, in writing or orally or otherwise consciously or unconsciously to Users or third parties and (iii) the actions, acts or omissions of Auction2day.com and Sellers.
Article 8. Liability
8.1 By his Registration, the User declares himself acquainted with and in agreement with the special circumstances of an internet auction and with the technical imperfections that can arise. Auction2day.com hereby excludes all liability for any damage whatsoever, direct and/or indirect, arising in any way, including but not limited to damage arising from the use of the Platform, unless there has been deliberate or conscious recklessness on the part of Auction2day.com. More specifically, Auction2day.com accepts no liability for any damage whatsoever that arises in any way from and/or results from:
- Actions performed by the User, allegedly prompted by information posted on the Platform;
- Inability to use the Platform (fully) and/or any other malfunction of the Platform, including the underlying system;
- Continuing to use an older version of the Auction2day.com app (application) after the User has been requested to update it;
- Failure of the Lots to meet the specifications as stated on the Platform;
- The fact that information on the Platform is inaccurate, incomplete or not current;
- Errors in Platform software, including the underlying system;
- The unlawful use of systems, including the Platform of Auction2day.com by a third party;
- A measure taken by Auction2day.com with respect to a User and/or a Lot.
8.2 Auction2day.com and the Seller strive for the greatest possible accuracy and clarity of the description of a Lot on the Platform, in auction catalogs, other auction brochures, advertisements and the like, without accepting any liability for damage arising from incorrect or incomplete descriptions or other damage.
8.3 The liability of Auction2day.com, if and insofar as, after application of the other stipulations in these User Terms and Conditions and (if applicable) the Terms and Conditions for Buyers, there remains any remaining liability, will always be limited to the amount claimed by the liability insurance of Auction2day.com in the case in question. In case the liability insurance of Auction2day.com does not pay out, the liability of Auction2day.com is limited to € 5,000.
8.4 Auction2day.com is not liable for indirect damage or consequential damage. Furthermore, any liability of Auction2day.com in connection with any defect in the Lot(s) or in connection with (alleged) infringement of the rights of (the intellectual property of) third parties is excluded.
8.5 When engaging third parties, Auction2day.com will always exercise due care. If applicable, Auction2day.com will conclude a processing agreement with these third parties. Auction2day.com is not liable for possible shortcomings of these third parties.
Article 9. Complaint Procedure
9.1 Most answers about the use of the Platform can be found on the Frequently Asked Questions page (https://auction2day.com/contact). If an answer is not listed there, it can be contacted through any of the contact options provided by our various country offices.
9.2 In case Auction2day.com takes a measure against a User as referred to in Article 6 of these User Terms, then the affected User can file a complaint via office@auction2day.com A User can file a complaint in the following situations:
- In case of technical problems;
- In case of disagreement with a decision by Auction2day.com whether or not to take action regarding a specific Auction and/or Lot, because the Auction and/or Lot information contains illegal content or violates the User Terms;
- In case of alleged violation of the Platform-to-Business Regulation (2019/1150), if applicable;
- For other actions or behaviors of Auction2day.com that significantly affect the User.
9.3 A complaint as mentioned in paragraph 2 can be filed within 6 months after Auction2day.com has informed a User of the decision taken. Complaints concerning a shortcoming in the services of Auction2day.com must be filed in a timely manner after discovery, whereby a period of 2 months is considered timely in any case.
9.3 Complaints must be described fully and clearly. Auction2day.com will handle complaints carefully and promptly and will strive to respond within 14 days of receipt of the complaint.
9.4 If no solution is found to the complaint through our complaints procedure, the User has the option of submitting the complaint to other bodies. A dispute can be submitted to the Thuiswinkel Business Disputes Committee according to the applicable regulations and conditions. In addition, a request can be submitted via the European ODR Platform to resolve a dispute. The use of this complaints procedure does not affect a User’s right to submit a dispute to the competent court.
Article 10. Adjustments and operation
10.1 If and insofar as any provision of the User Terms is void or annulled, the other provisions of the User Terms will remain in full force. Auction2day.com will then determine a new provision to replace the void/annulled provision, taking into account as much as possible the purpose of the void/annulled provision.
10.2 Auction2day.com can declare the Terms and Conditions for Buyers and Specific Auction Terms and Conditions applicable to an Auction, in addition to the User Terms. These Terms and Conditions for Buyers and Specific Auction Terms and Conditions must be accepted digitally by the User before placing a Bid. In case of conflict between them, the provisions of the Specific Auction Terms and Conditions prevail over the provisions of these User Terms and the Terms and Conditions for Buyers.
10.3 Deviations from the Terms of Use are only possible insofar as this has been recorded in writing by Auction2day.com.
10.4 Auction2day.com reserves the right to change the User Terms unilaterally.
Article 11. Applicable law
11.1 Dutch law applies to the User Terms and the legal relationships that arise in connection with the Auction.
11.2 The Dutch text of the User Terms is the original text. In case the User Terms are used in multiple languages, the Dutch text shall therefore prevail in case of ambiguities or contradictions.
11.3 The District Court in Amsterdam is (without prejudice to the possibility of appeal and without prejudice to legal provisions to the contrary) with the exclusion of any other authority competent to decide in disputes arising from the User Terms.
Do you have questions about these User Terms and the use of our Platform?
Please contact us at office@auction2day.com