PRELIMINARY: DEFINITIONS
- General terms and conditions: These general terms and conditions
- Auction platform: An organised online auction sale
- Auction conditions: General terms and conditions
- Registration: The registration on the website
- (Auction) website: www.autobids.be
- Buyer: The user to whom one or more vehicles have been allocated
- Seller: The client. The person who gives the order to auction the vehicle
- Purchase agreement: The agreement between the buyer and the seller, whereby the seller undertakes to deliver the goods and the buyer undertakes to pay the purchase price
- User name: The name chosen by the person who has registered on the website
- User: When you are registered on the website
- Visitor: As long as you are not registered on the website
- Auction fee: The percentage that is added to the bid placed by the bidder
- Settlement amount: the amount bid and the auction fee
- Allocation: The acceptance of the winning bid and the conclusion of the purchase agreement
- Consumer: A natural person who buys the vehicle on the online auction platform www.autobids.be for purposes that fall outside trade, business, craft or profession and is a citizen of the EU/EEA or the United Kingdom, also known as a private individual
- Professional seller: any natural person or legal entity who sells consumer goods on www.autobids.be in the context of his professional activity or his commercial activity

1. GENERAL

1.1 The general terms and conditions apply to any use of the auction platform www.autobids.be. They relate to all services provided by AUTOHUYS BV via the website www.autobids.be or in any other way, and apply to the relationship between all parties participating in the online auction organised by AUTOHUYS BV.

1.2 The online auction platform www.autobids.be is organised by AUTOHUYS BV with registered office at Smolderstraat 121, B-3454 Geetbets with company number 0768.452.707.

1.3 Participation in this auction implies the express and unreserved knowledge and acceptance of these auction conditions.

1.4 AUTOHUYS BV acts as an auction service and thus as an intermediary between seller and bidder/buyer. AUTOHUYS BV is not a party to any transaction between users.

AUTOHUYS BV offers auction services as an intermediary between seller and bidder/buyer. A number of services are offered so that sellers can offer their vehicles to a (inter)national audience of bidders/buyers who are looking for a suitable vehicle. The services of AUTOHUYS BV facilitate the sales process.

AUTOHUYS BV does not buy or sell the vehicles shown on the online auction platform in its own name.

AUTOHUYS BV is not the owner of the vehicles that are offered, auctioned or sold on the online auction platform www.autobids.be and AUTOHUYS BV is not involved in the purchase/sale transaction between seller and bidder/buyer. The sales contract is a direct agreement between seller and bidder/buyer. It is important that both the seller and the bidder/buyer comply with their obligations under the sales contract.

1.5 The user who wishes to sell and bid (bidder/buyer) must register via the website www.autobids.be in the prescribed manner on the online auction platform before he can participate in the auction.

This registration is considered unconditional acceptance of the auction conditions.

Furthermore, by participating in an auction, the bidder/buyer declares that he is authorised to perform legal acts and the bidder/buyer declares that he is authorised to conclude a purchase agreement with regard to the vehicle in question.

AUTOHUYS BV reserves the right to refuse registration and participation in an auction at any time or to terminate it unilaterally. At the first request of AUTOHUYS BV, the bidder/buyer must provide a valid identity document, failing which the bidder/buyer may not participate in the auction. The bidder/buyer is obliged to ensure that all information to be provided by the bidder to AUTOHUYS BV upon registration is filled in completely, correctly and truthfully and the bidder/buyer guarantees the correctness and completeness of the information provided by him. Should this information change at any time, the bidder/buyer is obliged to immediately inform AUTOHUYS BV of this change(s).

AUTOHUYS BV can verify the identity of the users of its online auction platform via external databases and can investigate the authenticity of the data upon registration. Such verification and authentication will always be carried out in accordance with the applicable regulations regarding the protection of personal data.

The user name and password used by the user for an auction are strictly personal and may not be transferred to third parties by a user. If the user suspects that someone else knows his or her password, this user must immediately inform AUTOHUYS BV of this.

The user is liable for and bound by all transactions that take place at an auction and that result from the use of his/her password and/or user name, also in the event of misuse if the user has been careless with his/her user name and password.

Users are themselves responsible for keeping their user name and password secret. If there is a suspicion that someone is making unauthorized use of a user name and/or password, this must be reported via the contact form on the website www.autobids.be.

1.6 The use of the website www.autobids.be is not intended for use by persons under the age of 18. If a user were to pretend to be of legal age while this is not the case, the actions taken by him/her will be considered null and void.

In that case, an immediately claimable compensation is owed to AUTOHUYS BV in the amount of 12% of the estimated sales price of the vehicle with a minimum amount of 3,000 EURO. In any case, the compensation is immediately claimable by operation of law.

1.7 As a visitor to the website, one can search for and view the articles displayed on the website and read and view other information published on the site. However, as a mere visitor, one is not considered a user and one cannot use the services of www.autobids.be. As long as one is not registered on the website, one is considered a visitor.

1.8 The user is aware and expressly agrees that the services available via the website are limited to technically making it possible to follow the auction via the internet and to participate in the auction. AUTOHUYS BV has and assumes no responsibility for any problems that may occur during the organisation and the course of the auction via its website (for example and without wanting to be exhaustive: the failure of the website during the auction or the delay in the functioning of the website during the auction).

AUTOHUYS BV makes every effort to protect its systems against loss of data and/or any form of unlawful use and takes appropriate technical and organisational measures to this end. In his dealings with AUTOHUYS BV, the buyer is obliged to adequately secure the computer and/or any other device that he/she uses to gain access to the online auction platform, and as usual to protect it against viruses or other unlawful programs or files that can be distributed via the internet.

1.9 AUTOHUYS BV accepts no liability whatsoever that a user suffers as a result of using the online auction platform www.autobids.be. AUTOHUYS BV is only the provider of the auction platform and therefore not responsible and/or liable for information shared by users, nor responsible for the behavior of users, including bidders/buyers and sellers during and after the auctions.

In the event that AUTOHUYS BV can be held liable for damage suffered by a user as a result of using the auction platform www.autobids.be, this liability is limited to compensation for direct damage, with a maximum amount of 10,000 (ten thousand) EURO.

1.10 AUTOHUYS BV is not liable for technical imperfections or technical errors in the mailing to bidders/buyers regarding the status of the bids. The bidders/buyers must always additionally verify the correctness of the information sent by email during the online auction.

1.11 AUTOHUYS BV is not liable for damage to persons or property, arising prior to, during and/or after the auction, unless this damage is the result of the intent or deliberate recklessness of AUTOHUYS BV or one of its employees.

This limitation of liability applies to the managers, directors, management, experts and other employees, representatives and legal successors of AUTOHUYS BV.

This liability is in any case limited to a maximum amount of 10,000 (ten thousand) EURO.

1.12 AUTOHUYS BV can in no way be held liable for any infringement of copyrights or other intellectual property rights or for any other legal or regulatory infringement in connection with the vehicles that are depicted, offered, offered for auction or sold in the catalogue and/or on the online auction platform www.autobids.be and/or the social media linked to autobids.

1.13 The seller indemnifies AUTOHUYS BV and its affiliated companies,  employees, agents, directors and representatives against any claims (in particular in connection with infringements of intellectual property rights, consumer rights or unfair market practices), liabilities, damages (direct or indirect) or other financial consequences (such as interest, amicable settlements, lawyers' fees and other legal costs) that (may) arise in connection with the advertisement, offer, auction, sale or other actions with regard to the vehicles for which the seller has engaged AUTOHUYS BV for the offer and/or auction.

In such cases, the seller will immediately inform AUTOHUYS BV of any (potential) claim or legal proceedings and agree to adequately defend AUTOHUYS BV at its own expense, both within and outside of legal proceedings, and to bear the legal costs for this.

AUTOHUYS BV reserves the right to assume the defense and management of such proceedings at its own expense, in which case the seller will provide all necessary cooperation.

1.14 AUTOHUYS BV may make changes to the online auction platform www.autobids.be at any time. AUTOHUYS BV may also interrupt or stop the operation of the online auction platform www.autobids.be in whole or in part. Non-exhaustive, as an example for the maintenance of the website. AUTOHUYS BV cannot guarantee that the online auction platform www.autobids.be or one of its functions will be available at a specific time, at a specific location or for a specific user.

1.15 AUTOHUYS BV may amend its general terms and conditions at any time. The most recent version of the general terms and conditions will always be published immediately on the website of www.autobids.be.

1.16 If one or more of the provisions or part of a provision of these general terms and conditions are declared null and void, this nullity will not affect the validity of the other provisions in these conditions, which will remain fully applicable.

The parties will immediately and in good faith negotiate a valid provision to replace the null and void provision, which will correspond as much as possible to the purpose of the declaration of nullity.

2. WITH REGARD TO THE VEHICLES TO BE AUCTIONED

2.1 The vehicles are auctioned in the condition in which they are at the time of the auction.

2.2 All amounts stated on the online auction platform www.autobids.be are in EURO and excluding VAT, unless otherwise stated.

2.3 The information regarding the vehicles offered via the online auction platform www.autobids.be is only intended to give an impression of the qualities of the vehicle, without the guarantee being complete and without giving any further guarantees.

AUTOHUYS BV is dependent on the information about the vehicle provided by a seller or third parties when describing a vehicle on its website. AUTOHUYS BV is not liable for any printing errors and/or material mistakes in the auction catalogue or on its website and online catalogue.

2.4 The vehicle can be physically inspected by the potential bidder/buyer during the specified period in consultation to allow them to ascertain all the characteristics of the vehicle, including any defects. This is always in the presence of a representative of AUTOHUYS BV.

Additional information can always be obtained on request via the contact form on the online auction platform www.autobids.be.

All bidders/buyers are deemed to have carefully inspected the vehicle they purchase and thus to be aware of and accept the visible and/or reported defects.

The bidders/buyers have a duty to inspect, the waiver of this duty is at their own risk and without this giving rise to any liability on the part of AUTOHUYS BV and the seller.

Professional buyers who purchase from a professional seller (B2B) or private seller (C2B) or private buyers who purchase from a private seller (C2C) always purchase the vehicle in the condition in which it is, regardless of any visible or hidden defects.

For private buyers who buy from a professional seller (B2C), the Consumer Purchase Act applies (see article 5.16).

2.5 The vehicles are offered for auction via the website of the online auction platform www.autobids.be. Before the auction starts, the vehicle is usually announced on the auction website.

2.6 AUTOHUYS BV can at any time during the auction, if it deems this necessary, introduce a minimum bid, increase it or stop the bids.

3. CONDITIONS FOR THE SELLER WHEN OFFERING THE VEHICLE FOR SALE

3.1 The vehicle to be auctioned is offered by the seller by means of the application form, which can only be completed by a user registered on the website.

The seller hereby guarantees the accuracy of the information and data provided and agrees that his data will be used where necessary for the execution and handling of the auction. The PRIVACY POLICY applies to the processing of the seller's data.

3.2 The information regarding the condition of the vehicle must be filled in truthfully and must be confirmed by e-mail.

In the event of hidden defects and if it appears that the seller has not reported these truthfully when offering his vehicle on the auction website, the seller must guarantee this.

3.3 The seller has ascertained the working method of the online auction platform www.autobids.be and is aware of his rights and obligations.

The seller must, among other things, but not limited to, guarantee that he is entitled as the owner to sell the vehicle and that the vehicle can be transferred to the name of the buyer after the sale.

By offering the vehicle, the seller confirms that he has the right of ownership of the vehicle that is offered or that he has the power of attorney to proceed with the sale of the offered vehicle.

Non-exhaustive, as an example, the inspection for sale must be carried out by the professional seller before the vehicle can be delivered to the buyer.

However, if after the allocation third parties assert rights to a vehicle, including but not limited to ownership rights or security rights, and the sale appears to have been concluded in violation of these rights without AUTOHUYS BV having knowledge of this, the purchase agreement can be extrajudicially dissolved by the buyer, with full reimbursement of the settlement amount, but without AUTOHUYS BV being liable for any other additional compensation or being liable for the loss of a chance on the part of the buyer.

3.4 The team of AUTOHUYS BV determines whether a vehicle is actually accepted to be offered as a vehicle on the online auction platform www.autobids.be. If the vehicle is accepted, the seller and AUTOHUYS BV will conclude an auction agreement.

3.5 It is not permitted for the seller to bid on his own offered vehicles and the seller may not encourage others to bid on their own offered vehicles with the aim of driving up the price of the vehicle. If AUTOHUYS BV suspects that the price may have been driven up unlawfully, the auction of the vehicle in question will be stopped to investigate this and take the necessary measures. The bidders will be informed of this. The user who has bid on a car with the sole aim of driving up the price of the vehicle is liable to pay AUTOHUYS BV immediately claimable compensation amounting to 12% of the estimated sales price of the vehicle with a minimum amount of 3,000 EURO. In any case, the compensation in question is immediately claimable by operation of law.

3.6 After the seller has registered the vehicle for the auction, the vehicle offered will not be driven more than 1,000 KM.

3.7 The seller of the vehicle can indicate whether there is a minimum sales price. This means that the sale can only take place if the highest bid is at least equal to the minimum sales price. The amount of the minimum sales price is not made known. The minimum sales price is determined as standard for each vehicle. If no minimum sales price applies, this will be explicitly stated.

The seller can, during the term of the auction of the vehicle, in consultation with AUTOHUYS BV, adjust the minimum sales price downwards.

If the highest bid at the end of the auction is not at least equal to the minimum sales price required by the seller, AUTOHUYS BV will consult with the seller about the best option.

3.8 The seller offers the vehicle exclusively for auction by AUTOHUYS BV and can no longer withdraw the offer of the vehicle for sale via the online auction platform www.autobids.be after registration and this until at least 8 days have elapsed after the opening of the auction for this vehicle in question.

After this period of 8 days, the exclusivity expires, but the vehicle can again be offered for auction 2x (twice) (with a total of maximum 3x (three times)) on the online auction platform www.autobids.be, whereby the exclusivity is resumed for another 8 days after the opening of the auction.

In the event of a breach of the exclusivity granted to AUTOHUYS BV, immediately claimable damages are owed to AUTOHUYS BV in the amount of 12% of the estimated sales price of the vehicle with a minimum amount of 3,000 EURO.

In any case, the relevant damages are immediately claimable by operation of law.

3.9 Mutual agreements between users are not permitted. Sellers and bidders/buyers registered on the online auction platform www.autobids.be are prohibited from concluding a sales contract that circumvents the fee owed by the buyer for the services of AUTOHUYS BV or that has a negative impact on other users.

If this were to occur, an immediately claimable compensation is owed to AUTOHUYS BV in the amount of 12% of the estimated sales price of the vehicle with a minimum amount of 3,000 EURO, by both the seller and the bidder/buyer (i.e. owed by all users who violate the current general terms and conditions).

In any case, the compensation in question is immediately claimable by operation of law.

CONDITIONS FOR THE BUYER WHEN BIDDING ON THE VEHICLE

3.10 The user (bidder/potential buyer) who bids on a vehicle must register on the online auction platform autobids.

With this registration, the bidder/buyer guarantees the accuracy of the data provided by him and agrees that his data will be used where this is necessary for the handling of the sale. The PRIVACY POLICY applies to the processing of this data.

3.11 During the specified period, the vehicles will be offered for auction on the online auction platform www.autobids.be. Bidders/buyers can bid manually or automatically on the vehicle.

3.12 When placing a bid, the bidder/buyer agrees to pay for the vehicle and if this bidder/buyer is the highest bidder, he will also pay for this vehicle.

It is not possible for a bidder/buyer to withdraw a bid. The bid is unconditional.

The bid remains valid even if the reserve price was not reached during the auction, and thus if the bid is later accepted by the seller. The seller has 7 days to accept the bid; thereafter, the bid automatically expires.

3.13 Even when a user bids on a car for a third party buyer, he is obliged as the highest bidder to purchase the vehicle in his own name.

AUTOHUYS BV may assume that bids are made by the bidder/buyer who uses his user profile on the online auction platform www.autobids.be. As a bidder/buyer, one is personally bound to his user profile.

3.14 A bidder/buyer may also not bid on a vehicle simply to drive up the price. In that case, an immediately claimable compensation is owed to AUTOHUYS BV in the amount of 12% of the estimated sales price of the vehicle with a minimum amount of 3,000 EURO. In any case, the compensation in question is immediately claimable by operation of law.

3.15 Mutual agreements between users are not permitted. Sellers and bidders/buyers who are registered on the online auction platform www.autobids.be are prohibited from concluding a sales contract that circumvents the compensation owed by the buyer for the services of AUTOHUYS BV or that has a negative impact on the other users.

Should this nevertheless occur, immediately claimable compensation is owed to AUTOHUYS BV in the amount of 12% of the estimated sales price of the vehicle with a minimum amount of 3,000 EURO, by both the seller and the bidder/buyer (in other words, owed by all users who violate the current general terms and conditions).

In any case, the compensation is immediately claimable by operation of law.

3.16 A bidder/buyer has his own duty to investigate/inform with regard to the (technical) condition and properties of the vehicle offered.

All bidders/buyers are deemed to have carefully inspected the vehicle they purchase and thus to be aware of and accept the visible and/or reported defects.

The bidders/buyers have a duty to check, the renunciation of this duty is at their own risk and without this giving rise to any liability on the part of AUTOHUYS BV and the seller.

3.17 Collection or delivery of the vehicle is at the expense of the buyer.

3.18 AUTOHUYS BV may, if necessary and regardless of whether the bid is awarded to the bidder/buyer, contact the bidders/buyers and request them to demonstrate their solvency.

AUTOHUYS BV is permitted to obtain information regarding the financial standing of a potential buyer/bidder and to make participation in the auction dependent on security for the sales price to be paid by means of a bank guarantee, covered bank check, credit or another form of security.

If the bid is not awarded to the bidder/buyer, the security will be refunded without any compensation or interest for the period of the security provided.

4. ESTABLISHMENT OF THE SALES CONTRACT BETWEEN SELLER AND BUYER

4.1 The auctions are conducted by means of provisional award or definitive award with a minimum price. In auctions with provisional allocation, the highest bid is only accepted and the vehicle is only allocated after approval by the seller, who has the option to withhold the sale of the vehicle. In auctions with provisional allocation, the highest bid is only accepted and the vehicle is only allocated after approval by the seller, who has the option to withhold the sale of the vehicle.

With auctions under definitive allocation, the vehicles are automatically allocated to the highest bidder. In the case of auctions under definitive allocation with minimum price, the vehicle is only allocated to the highest bidder if his bid exceeds the minimum price specified by the seller. If this minimum price is not reached, auctions under definitive allocation with minimum price are treated as auctions under provisional allocation. If the auctions under definitive allocation with minimum price and/or provisional allocation do not result in allocation of the vehicle, a private sale can still take place after the auction has closed. In the case of such a private sale after the auction, AUTOHUYS BV, after approval by the bidder/buyer and the seller, increases the highest bid to the newly agreed amount. In all the above situations, these general terms and conditions apply in full.

4.2 The online auction closes when the specified auction period expires and when the end time has thus been reached.

If a new bid is made in the last 5 (five) minutes before the end time, the auction will be extended by 5 (five) minutes after this last bid as of the end time. This will continue until no more bids are made.

4.3 The sale is concluded in accordance with Belgian law when a bid is made above the minimum sales price, by means of an auction and allocation to the highest bidder after payment of the settlement amount, with or without VAT.

4.4 Every bid made is binding and irrevocable, without any reservation. By making a bid, the bidder/buyer accepts these general terms and conditions and undertakes to purchase the vehicle for sale at the price offered by him/her, plus the auction fee and VAT (if applicable).

If the highest bid made by the bidder/buyer exceeds the minimum sales price, a binding agreement is concluded between the bidder/buyer and the seller, whereby the buyer is obliged to complete the transaction.

4.5 Bids can be placed in the form of an automatic bid (called “max. bid”) or a live bid (i.e. a bid placed by the bidder himself at the time of the bid itself).

An automatic bid (called “max. bid”) means that the bidder/buyer sets a maximum amount that he is willing to pay for the vehicle on which he bids. This maximum amount remains confidential. The system follows the further bids and will automatically place the lowest possible bid to exceed an outbid from another bidder/buyer. This can continue up to the maximum amount specified by the bidder. The automatic bid expires as soon as a third party places a higher bid than the automatic bid set by the bidder/buyer. At that moment, the bidder/buyer is no longer the highest bidder.

The bidder/buyer can only change an automatic bid by placing a new automatic bid or live bid that exceeds the highest bid at that time.

4.6 In any case, AUTOHUYS BV reserves the right to refuse a bid from a potential bidder for valid reasons, including, but not limited to, failure to meet the established guarantee as set out in article 4.8, the possible insolvency of the bidder/buyer, the lack of a serious bid, an obvious mistake by AUTOHUYS BV or the seller, or any breach of the general terms and conditions by the bidder/buyer. In the event of a dispute regarding a bid, AUTOHUYS BV has the final and binding decision-making authority.

4.7 After completion of the purchase/sales transaction, the buyer becomes a party to two separate agreements:

a) Agreement between buyer and seller

Both the buyer and the seller acknowledge that the completion of the sale/purchase transaction by the buyer constitutes a legally binding agreement between the buyer and the seller based on (1) the description and images of the vehicle and (2) the conditions included in the relevant general terms and conditions.

A sale/purchase agreement is concluded between the seller and the buyer. AUTOHUYS BV is not a party to this agreement.

The buyer undertakes to pay for the vehicle and the seller undertakes to transfer ownership and possession of the vehicle.

For the sake of clarity, it should be repeated that AUTOHUYS BV is in no way a party to this agreement.

Agreement between buyer and AUTOHUYS BV

A service agreement is concluded between the buyer and AUTOHUYS BV. This service agreement is subject to Belgian law.

AUTOHUYS BV undertakes to provide an auction website where the buyer can purchase a vehicle from the seller. The buyer undertakes to pay compensation to AUTOHUYS BV for this in the form of an auction fee.

The purchase agreement regarding the vehicle is concluded exclusively between the seller and the bidder/buyer.

4.8 After the auction has closed, the bidder/buyer will receive an email confirmation that the highest bid has been awarded, together with a payment invitation for the auction fee via the payment platform Mollie.

For auctions where the minimum price was not reached, the bidder will be notified.

4.9 The settlement with respect to the buyer will be calculated as follows:

- The sales price, plus VAT if applicable;

- The auction fee to be paid to AUTOHUYS BV, namely 6% plus VAT if applicable;

- Any transport/export costs of the vehicle plus VAT if applicable;

The settlement amount is due immediately after the auction has ended and upon allocation of the vehicle to the buyer. As soon as the highest bid exceeds the minimum bid and the sale is thus concluded, the buyer will receive an e-mail containing the settlement amount and clarifying who is entitled to which amount, either the seller or AUTOHUYS BV.

If the transport costs need to be estimated in detail, they will become due after the estimate.

In any case, the auction costs must be paid by the buyer within 48 hours of allocation.

4.10 AUTOHUYS BV charges an auction cost of 6%, increased by VAT if applicable, to the buyer upon conclusion of a purchase agreement for a vehicle.

4.11 The sales transaction is completed when the following cumulative conditions are met:

(1) When the buyer confirms upon delivery of the vehicle that the vehicle is in the condition as described at the time of its sale or that he has received and approves the vehicle in the condition in which it is at the time of delivery;

(2) When the seller confirms that he has delivered the vehicle to the buyer;

Or after solving a problem reported by the buyer and/or the seller, whereby the solution to the problem is clearly communicated and confirmed by both parties to AUTOHUYS BV via the contact form provided on the website www.autobids.be .

4.12 The seller must meet his/her obligation to pay the auction costs within the set term of 48 (forty-eight) hours and his/her obligation to pay the purchase price to the seller within the set term of 7 (seven) working days from receipt of the confirmation email containing the settlement.

If the buyer does not meet his/her obligations, AUTOHUYS BV is entitled not to recognize the bid and declare it invalid and/or to allocate the purchased vehicle to the second highest bidder, or to auction the sold vehicle again, with appropriate mention of the mourning purchase.

In these cases, the buyer is legally in default and is obliged to compensate AUTOHUYS BV for the damage caused, without prejudice to the other rights of AUTOHUYS BV.

The seller can dissolve the sales agreement with the buyer in accordance with the common law applicable to the seller/buyer relationship.

The damage consists of the auction cost of 6%, increased by VAT if applicable, on the auction price increased by the difference between the amount bid by the defaulting buyer and the amount ultimately realized. In any case, the compensation in question is immediately due and payable by operation of law.

4.13 The ownership of the sold vehicle is transferred at the time of payment of the settlement amount by the bidder/buyer.

However, the risk is only transferred at the time of delivery of the vehicle and rests with the seller until that time.

The seller is obliged to deliver the vehicle to the buyer in the condition according to the description given by the seller at the time of sale.

4.14 Delivery will take place in mutual consultation with the seller and the buyer, but in any case after payment of the settlement amount.

Unless otherwise agreed between the seller and the buyer and communicated to AUTOHUYS BV, the vehicle will be collected from the seller at the buyer's expense.

In any case, the vehicle must be delivered to the buyer within 21 (twenty-one) days after the completion of the purchase agreement. The seller must give the buyer the opportunity to collect the vehicle or have it delivered within these 21 (twenty-one) days. If this proves impossible due to circumstances, the seller must inform the buyer and AUTOHUYS BV of this in detail via the contact form on the website www.autobids.be.

In any case, the buyer is responsible for the collection or the costs of delivery of the vehicle. Unless otherwise agreed between the buyer and seller.

If the seller fails to deliver within 21 (twenty-one) days and no other agreement between the buyer and seller regarding the delivery can be submitted to AUTOHUYS BV, the seller has the right to immediately claim a compensation owed to AUTOHUYS BV in the amount of 12% of the estimated sales price of the vehicle with a minimum amount of 3,000 EURO.

The buyer can recover his damages from the seller according to the common law applicable in the relationship seller - buyer.

4.15 If the buyer opts for the additional option of delivery via transport organised by AUTOHUYS BV, the vehicle is deemed to have been expressly approved by the buyer in the condition in which it is before it is placed for transport

The buyer has the possibility to view the vehicle at the seller before it is transported.

4.16 The private buyer/consumer has a right of withdrawal of 14 (fourteen) days against the professional seller.

Professional buyers who purchase from a professional seller (B2B) or private seller (C2B) or private buyers who purchase from a private seller (C2C) can never claim the right of withdrawal of 14 (fourteen) days.

If the seller acts in the exercise of his profession or on behalf of a company, the seller must verify whether the right of withdrawal applies in the situation of the sale of his vehicle, and in that case, respect this right of withdrawal of the private buyer/consumer and cooperate in the exercise thereof.

The right of withdrawal means that the buyer renounces the purchase and returns the vehicle to the seller himself, after which the seller will refund the price already paid, without prejudice to the depreciation of the vehicle resulting from the handling of the vehicle that goes beyond what was necessary to determine the nature, characteristics and functioning of the goods.

The right of withdrawal ends 14 (fourteen) days after the day of delivery of the vehicle. The right of withdrawal cannot be invoked before the buyer has paid the settlement amount and has taken possession of the vehicle.

All direct costs of returning the vehicle are borne by the buyer. This return must be made as soon as possible and no later than 14 (fourteen) days after the buyer has exercised the right of withdrawal.

The burden of proof with regard to the exercise of the right of withdrawal lies entirely with the buyer.

The seller must refund the payments received including (normal) delivery costs within 14 (fourteen) days after being informed of the buyer's decision to withdraw from the purchase. The seller is only obliged to pay the basic shipping or transport costs of the first delivery. Additional costs of the first shipment as a result of any additional shipping options requested by the bidder/buyer who is a consumer do not have to be reimbursed by the seller. In addition, the bidder/buyer himself is obliged to pay the non-refundable costs (non-exhaustive by way of example: import and export costs, customs duties/costs) relating to the purchase that may be imposed by a country of destination with regard to the first shipment or transport. The bidder/buyer is also responsible for the return shipment or transport of the object in any case.

4.17 The bidder/buyer who purchases a vehicle in the capacity of private buyer/consumer via the online auction platform www.autobids.be can claim the purchase agreement applicable to the Consumer Purchase Act (art. 1649bis to 1649octies old BW).

Professional buyers who purchase from a professional seller (B2B) or private seller (C2B) or private buyers who purchase from a private seller (C2C) always purchase the vehicle in the condition in which it is, regardless of any visible or hidden defects. They cannot claim the application of the Consumer Purchase Act.

5. DISPUTE SETTLEMENT

5.1 AUTOHUYS BV sets strict requirements when the seller registers a vehicle with a view to auction. AUTOHUYS BV has therefore attempted to provide the most complete information possible with regard to a vehicle.

AUTOHUYS BV has attempted to compile the available information about the vehicles as accurately as possible by setting requirements for the seller when describing the vehicle for sale. This information is aimed at giving the best possible impression of the vehicle, but without claiming to be complete.

Despite the precautions taken by AUTOHUYS BV, AUTOHUYS BV cannot guarantee that the auctioned vehicles will show defects upon delivery. AUTOHUYS BV is not responsible for the accuracy of the information on the website and in the auction catalogues, on the auction site or during the auction.

Only the seller is liable for any defects that may manifest themselves in the goods sold. AUTOHUYS BV is in no case liable for for hidden defects, in no way.

5.2 By bidding on a vehicle, the buyer confirms that he is aware of the information provided regarding the vehicle and the availability or possible lack of certain information that is not mentioned with the vehicle.

All bidders/buyers are deemed to have carefully inspected the vehicle they purchase and thus to be aware of and accept the visible and/or reported defects.

The bidders/buyers have a duty to check, the renunciation of this duty is at their own risk and without this giving rise to any liability of AUTOHUYS BV and the seller.

The buyer thus purchases a vehicle in the condition in which it is when placing his bid.

5.3 Any liability (the risk to be borne) with regard to the auctioned vehicle only passes after delivery of the vehicle and thus the taking possession of the vehicle by the buyer. Until that moment, the liability and the risk rest with the seller.

5.4 AUTOHUYS BV is not a party to (the formation of) the purchase agreement between buyer and seller, nor to the execution of this agreement.

This means, among other things, that if a buyer does not meet the obligations towards the seller (such as a payment), the seller cannot hold AUTOHUYS BV liable for this. Nor can the buyer hold AUTOHUYS BV liable if the seller does not meet his obligations or if the vehicle sold does not meet the properties indicated by the seller.

5.5 AUTOHUYS BV is never liable for indirect damage, consequential damage and loss of profit, as well as for damage suffered as a result of loss of an opportunity.

5.6 All disputes between buyer and seller must be reported in writing to AUTOHUYS BV within 5 (five) working days after the dispute arose/discovery of the defect if one of the parties, the buyer or the seller, wishes to call on the mediation of AUTOHUYS BV in their dispute.

AUTOHUYS BV will – in the event of a dispute between the seller and the buyer that is related to the auction – make every effort to resolve this dispute between them by means of mediation.

AUTOHUYS BV will however never be or become a party to a conflict as a result of a mediation effort.

5.7 Complaints about the services provided by AUTOHUYS BV must always be reported in writing to AUTOHUYS BV by the bidder/buyer within 48 hours of becoming aware of the fact that gave rise to the complaint, and at the latest seven days after delivery of the vehicle. Complaints submitted after this period will no longer be accepted. `

AUTOHUYS BV will investigate the complaint as soon as possible and will decide, subject to mandatory legislation, at its own discretion whether the complaint is well-founded or unfounded. AUTOHUYS BV will inform the complainant of its judgment in a reasoned manner.

5.8 In the event of a dispute between one of the parties and AUTOHUYS BV, the Leuven Commercial Court or the Leuven Court of First Instance shall have exclusive jurisdiction.

Any dispute arising from this auction and its consequences shall be governed exclusively by Belgian law, excluding the provisions of the Vienna Sales Convention on International Sales.

5.9 In the event of a dispute, only the Dutch text shall apply. The translation of these auction conditions into a language other than Dutch is for information purposes only.

Last updated: 01/05/2024 – version 1

Thank you for visiting our car auction website www.autobids.be. When using our website, your privacy is important to us. This privacy policy describes how we collect, use, protect and share your personal data when you visit our website or use our services. By using our website, you agree to the collection and use of your personal data as described in this privacy policy.

General
The online auction platform autobids is organized by AUTOHUYS BV with registered office at Smoldersstraat 121, B-3454 Geetbets with company number 0768.452.707 with e-mail address info@autobids.be. When autobids processes your personal data, AUTOHUYS BV is the controller.

Collected Information
When you visit our website or use our services, we may collect certain personal information, including:

a. Personally identifiable information, such as your name, address, telephone number, and email address.
b. Information related to your vehicles, such as make, model, year, and technical specifications.
c. Payment information, such as credit card information, bank account number, or other payment methods you provide.
d. Communication preferences and correspondence you have had with us.
e. Usage information, such as information about your interactions with our website, including pages visited, searches, vehicles viewed, and transaction history.

Use of Collected Information
We use the collected information for the following purposes:
a. Processing your requests and transactions related to car auctions.
b. Improving our services and customizing the content of the website to your preferences.
c. Sending important notices regarding your account, transactions, or changes to our terms and conditions.
d. Analyzing user behavior and trends to improve our website and services.
e. Ensuring the safety and security of our website and users.
f. Compliance with legal obligations and enforcement of our rights.

The use of cookies
Cookies are small pieces of (text) information that are sent to your browser when you visit the autobids website and are then stored on the hard drive or in the memory of your computer, tablet, mobile phone or other device. The cookies that are placed via the website www.autobids.be cannot damage your device or the files stored on it. When we talk about 'cookies', we do not only mean these small pieces of (text) information, but also comparable techniques with which information is collected, such as device fingerprinting. autobids uses functional cookies to ensure that the services offered via the website www.autobids.be work properly. Autobids also uses analytical cookies to analyse the use of the website www.autobids.be and to optimise it for users.

Sharing information
We may share your personal information with third parties in the following situations:
a. With sellers and buyers involved in a car auction in which you are involved.
b. With service providers acting on our behalf, such as payment processors, IT support or marketing partners. These third parties only have access to the information they need to perform their tasks and must keep your information confidential.
c. To comply with legal obligations, a court order or to protect our rights.
d. With your consent or at your request, we may share your information with other parties.

Data security
We take appropriate technical and organizational measures to protect your personal information against unauthorized access, loss, theft or modification. We
use secure connections and storage methods, and limit access to your information to authorized personnel who are bound by confidentiality.

Data retention period
We do not retain your personal information for longer than is necessary for the purposes for which it was collected, unless a longer retention period is required by law. If you close your account with us, we will delete your personal data as soon as possible, unless retention is necessary for legal purposes.
The personal data required for sending the newsletter or other informative e-mails will be retained until you unsubscribe from the newsletter or mailing list.

Your rights
You have certain rights with regard to your personal data. You can at any time:
a. Request access to the personal data we hold about you.
b. Request correction of incorrect or incomplete data.
c. Request deletion of your personal data, subject to legal obligations or legitimate interests.
d. Object to the processing of your data for direct marketing purposes.
e. Withdraw your consent if we process your data on the basis of consent.
f. You have the right to (temporarily) limit the processing of your personal data.
g. You have the right to portability, which means that your personal data can be transferred to another controller.
h. You have the right to object to decisions based on automated processing.

Changes to the privacy policy
We reserve the right to change or update this privacy policy at any time. Any changes will be posted on this website with an indication of the updated date. We recommend that you check these conditions regularly. If you have any questions about these privacy conditions or the way in which we process your personal data, you can contact us at info@autobids.be.