Terms and Conditions
TERMS AND CONDITIONS OF AUCTION AND SALE FOR EPIC AUCTIONS B.V. AND EPICS AUCTIONS CLASSICS B.V.
CHAMBER OF COMMERCE REGISTRATION NUMBER: 59458755 AND 69628688
In these terms and conditions of auction and sale the following meanings shall apply:
Bidder: the participant in an Auction.
Consumer: the Buyer acting as a natural person for purposes falling outside his business or professional activities.
Epic Auctions: Epic Auctions B.V., or Epic Auctions Classics B.V.
User: the participant in an internet auction who uses the website of Epic Auctions.
Hybrid Auction: a combination of Live Auction and Internet Auction.
Vendor: the mandator of Epic Auctions for the auctioning of goods.
Internet Auction: an Auction exclusively via the website of Epic Auctions.
Buyer: the Bidder with whom a purchase agreement is concluded.
Live Auction: an Auction in which goods are sold in a physical location under the supervision of an auctioneer and at which the bidder is personally present or in any event has opportunity to be personally present for the submission of bids.
Auction: an Internet Auction, Live Auction and/or a Hybrid Auction, organised by Epic Auctions.
These terms and conditions are applicable to Internet Auctions, Live Auctions and Auctions that are both Live Auctions and Internet Auctions (known as Hybrid Auctions), which are organised by Epic Auctions B.V. and Epic Auctions Classics B.V.
These terms and conditions are applicable to the legal relationship between Epic Auctions on the one hand and the Vendor and the Bidder on Auctions of Epic Auctions, or the Buyer, on the other hand. Parties may only deviate from these conditions in writing.
The applicability of general or specific terms adopted by the Vendor or the Bidder/Buyer is explicitly excluded.
Epic Auctions may unilaterally modify these terms and conditions. The terms and conditions as amended shall enter into force at the first Auction following the day on which the terms and conditions have been modified.
The current terms and conditions of Epic Auctions are available for consultation and may be downloaded from the auction site of Epic Auctions, www.epic-auctions.com.
The Vendor and/or the Bidder and/or the User of the website of Epic Auctions must register in order to submit goods for sale or to submit bids via an Auction. By registering, the Vendor and/or Bidder and/or User agree to be bound by these terms and conditions.
The Vendor may submit goods for sale at an Auction. The Vendor is thereby considered to be the selling party that instructs Epic Auctions to auction certain goods. Epic Auctions does not become party to any Purchase Agreement.
By submitting goods, the Vendor authorises Epic Auctions to sell the submitted goods under the auction terms laid down by Epic Auctions. There is no reserve price (limit) for these, unless otherwise agreed in writing by the parties. Epic Auctions reserves the right to abstain from auctioning the goods concerned.
The Vendor is required to identify himself at the first request of Epic Auctions as well as to provide Epic Auctions with the information necessary to establish the origin of the submitted goods. Epic Auctions is entitled to request documentary evidence of this.
The Vendor shall supply Epic Auctions with all relevant information pertaining to the Auction as well as the documentation relating to the submitted goods and/or evidence of ownership. The Vendor guarantees that the information provided is correct and complete. The Vendor shall be responsible for damages arising as a result of providing incorrect and/or incomplete and/or misleading information. The Vendor indemnifies Epic Auctions against any claims by third parties associated therewith.
Epic Auctions reserves the right to withdraw submitted goods from Auction in the event of incorrect or incomplete or misleading information provided by the Vendor concerning the submitted goods and/or the origin thereof.
In the event that Vendor submits goods for Auction, Vendor shall no longer be entitled to dispose of these goods to a third party other than by means of the Auction. Goods submitted by the Vendor may be returned only after approval by Epic Auctions has been obtained and after payment of the commission agreed upon between the Vendor and Epic Auctions, increased with all costs incurred in relation to the submission as well as costs yet to be incurred. Epic Auctions shall determine the manner in which the goods concerned will be removed from Auction.
The Vendor shall pay a commission for the sale of the submitted goods by Epic Auctions. This commission amounts to a percentage of the proceeds of the sale or a tiered rate per lot. The rates are indicated on the auction website, unless otherwise agreed in writing by the parties.
Epic Auctions shall pay the Vendor the proceeds of the sale of the goods, less all costs payable by the Vendor and the commission agreed upon with Epic Auctions in respect of the goods sold. Payment shall take place within 14 days of Epic Auctions receiving such amount from the Buyer and of the purchase agreement concluded with the Buyer having become irrevocable.
The Vendor indemnifies Epic Auctions against Buyer's claims on the grounds of defects, hidden or otherwise.
Vendor shall submit the goods upon the first request for inspection or for delivery at a location designated by Epic Auctions. Vendor shall ensure that the goods will remain insured until delivery to the Buyer has taken place.
In the event of Vendor's failure to comply, to comply in time or to comply in full with his obligations, Epic Auctions are entitled to auction the goods and to pay their damages from the proceeds.
Right of use of website and registration
The User of the website of Epic Auctions is offered the opportunity to place bids on lots via an internet auction.
The User, or Bidder, must be of age. Furthermore, it is not permitted to submit bids if the User, or Bidder, has been placed under administration, is bankrupt or is placed under guardianship or receivership.
Prior to participating in an Auction, the User/Bidder must register. Registration is effected by completing an information form on the website of Epic Auctions. The User/Bidder must indicate - inter alia - whether he acts in a private capacity (consumer) or as a business.
By thus registering, the User/Bidder declares that he is familiar with and agrees to the specific circumstances of an Auction and the rules applied thereto by Epic Auctions.
After registration the User/Bidder has access to to a section of the auction website and acquires the right to act as Bidder.
Where viewing days are arranged, the User/Bidder is entitled to view and inspect the goods for auction on the viewing day(s) and to make any necessary enquiries regarding the condition of the goods.
The Bidder at an Auction is aware that submitting a bid at an Auction is irrevocable. It is not possible to place a conditional bid. A bid may also not be withdrawn or revoked.
Should the Bid be accepted and lead to an allocation pursuant to Article 7 of these conditions, this bid will be increased with a surcharge percentage announced in advance or stated on the website stated and, where applicable, with VAT as well as any BPM (private motor vehicle and motorcycle tax) and administrative costs.
The Bidder who submits a bid guarantees that he has sufficient financial resources to pay the amount of the bid, increased with the surcharge and VAT, as well as BPM, if applicable, and administrative costs, as soon as the bid has been accepted. Epic Auctions are entitled to request that prior to the Auction financial security is provided by the Bidder in respect of these amounts (for instance, by payment of a deposit or by provision of a bank guarantee). Should the Bidder not have sufficient financial resources, he is liable for the losses resulting from this to the Vendor and Epic Auctions.
The manner in which the Auction is conducted shall be determined by Epic Auctions.
Epic Auctions is entitled to exclude Users/Bidders from an Auction. They are also entitled to reject a bid.
Users/Bidders are obliged to comply with instructions and directions by Epic Auctions pertaining to the Auction.
Unless otherwise indicated, the Auction shall take place by means of an ascending price system.
Insofar as an Auction takes place by means of an Internet Auction, the User/Bidder acknowledges that malfunctions may occur, as a result of which the use of the auction website by the User/Bidder may be partly or wholly impeded and consequently the User/Bidder unable to submit a bid or to submit a bid in time. Liability for any loss resulting therefrom to the User/Bidder is explicitly excluded.
In the event of a Live Auction (public sale) and Hybrid Auction, Epic Auctions offers a User/Bidder the opportunity to attend an Auction in person at a location designated by Epic Auctions and to submit bids in the presence of an auctioneer of Epic Auctions. In order to participate, the User/Bidder has to register prior to the Live Auction/Hybrid Auction via the auction website of Epic Auctions.
Live Auctions and Hybrid Auctions are supervised by an auctioneer of Epic Auctions. This auctioneer determines the procedure of the Live Auction/Hybrid Auction and has the right to exclude participants of an Auction, not to accept a bid or to declare the bidding null and void and furthermore to ensure that auction procedures are conducted in an orderly manner. In the event of disputes in respect of submitted bids during a Live Auction/Hybrid Auction, the judgment of the auctioneer is binding on all parties concerned.
The judgment by Epic Auctions in relation to anything that has taken place during the Auction is binding on all parties concerned.
A Purchase Agreement is concluded by written allocation. This allocation may be conditional in circumstances as referred to in paragraph e of this article. Allocation is made by Epic Auctions to the Bidder who has submitted the highest bid and has complied with all other conditions.
The Buyer purchases the goods in the condition they are in at the time of delivery. Epic Auctions and their client shall not be bound to any indemnification for visible or hidden defects. There are no guarantees unless explicitly agreed to in writing.
Epic Auctions are never party to any Purchase Agreement. They only act as intermediary for the establishment of Purchase Agreements.
The risk of the goods sold transfers to the Buyer at the time of delivery. Buyer should make provision for the immediate insurance of these goods.
At times, a third party may be required to approve the conclusion of a Purchase Agreement. This may occur, for instance, where the sale takes place on behalf of an insolvency receiver.
In these situations, the Purchase Agreement will be concluded once the required approval has been obtained.
Retraction and cancellation by Consumer
Where the Buyer is a Consumer (private individual) as referred to in article 6:230g of the Dutch Civil Code, he is entitled to cancel a Purchase Agreement for the purchase of movable property during a period not exceeding 14 days without indication of reason, in accordance with article 6:230o of the Dutch Civil Code. This period shall commence on the day that the Consumer has received the goods purchased by him. Where the Consumer has purchased several movable items, this period shall commence on the day on which he has received the last goods.
The Consumer who wishes to make use of the right of revocation shall do this by completing the standard form for revocation and submitting it to Epic Auctions or by making a declaration thereto to Epic Auctions in clear and unequivocal terms. The Consumer bears the burden of proof for the correct and timely exercise of the right of revocation as referred to in paragraph a.
No later than 14 days after receipt of the declaration by the Consumer for the revocation of the purchase agreement, Epic Auctions will reimburse all amounts received from the Consumer, including any prepaid delivery costs. Unless Epic Auctions has offered to collect the goods delivered on the basis of the revoked purchase agreement, the Consumer shall be entitled to request payment only after receipt of the goods by Epic Auctions or upon evidence from the Consumer that he has returned the goods.
The Consumer shall bear the direct costs for the return of the goods.
The Consumer is not entitled to revocation in the case of:
an agreement whereby the price of the goods or services is subject to fluctuations on the financial markets which is beyond the control of Epic Auctions and which may occur during the period of revocation;
an agreement whereby the Consumer has specifically requested Epic Auctions to visit him to carry out urgent repairs or maintenance, with the exception of additional services which the Consumer has not specifically requested or the delivery of other items that are necessary to carry out the maintenance or repairs;
an agreement concluded during a Live Auction and/or a Hybrid Auction;
the delivery of goods that are not prefabricated and which are produced on the basis of individual choice or decision by the Consumer, or which are clearly intended for a specific person;
the delivery of goods which deteriorate quickly or have a limited shelf life;
the delivery of goods that are not suitable for return on the grounds of health protection or hygiene and where the sealing has been compromised after delivery;
the delivery of goods that after delivery are, by their nature, inseparably mixed with other items;
the delivery of alcoholic beverages with a price agreed upon at the conclusion of the purchase agreement, but where delivery can only take place after 30 days and where the actual value depends on market fluctuations which are beyond the control of Epic Auctions;
the delivery of audio and video recordings and computer programs where the sealing has been compromised after delivery;
the delivery of newspapers, publications or magazines, with the exception of an agreement for regular delivery of such publications;
the delivery of digital content which is not supplied on a tangible medium, where the fulfilment commenced with the prior explicit approval of the Consumer and the Consumer has declared that in doing so he waives his right of revocation.
During the period as referred to in paragraph a of this article, the Consumer shall handle the goods and packaging with care. The goods shall be unpacked or used only to the extent necessary to determine the nature, characteristics and operation thereof.
Ownership of the goods transfers to the Buyer at the time of delivery provided the purchase price has been paid in full.
If an agreement was made to deliver upon partial payment of the purchase price, delivery shall take place subject to retention of title. Ownership will then be transferred at the time of receipt of full payment by Epic Auctions.
Insofar as software forms part of the goods, the software shall be delivered excluding licences unless stated otherwise.
Delivery of the goods shall take place at a location and time designated by Epic Auctions for the goods purchased by the Buyer to be transferred to him. In the event that dismantling of the purchased goods is required for delivery, the Buyer shall arrange this at his own expense. Buyer shall furthermore ensure that dismantling is carried out in a professional manner without loss to third parties. The Buyer shall be responsible for any loss resulting from collection of the purchased goods. The Buyer indemnifies Epic Auctions against any resulting damages suffered by third parties.
The Buyer is obliged to adhere strictly to the time and location for delivery of the goods as determined by Epic Auctions. Insofar as the Buyer does not collect the goods or does not collect them on time, Epic Auctions are entitled to store such goods for the account and risk of the Buyer. Buyer is furthermore bound to reimburse Epic Auctions with all additional costs incurred by Epic Auctions for the non-collection or late collection of the goods, including storage costs, transport costs, personnel costs, dismantling costs, etc. Epic Auctions is entitled to retain the goods until the Buyer has paid the aforementioned costs in full.
If Epic Auctions and the Buyer have agreed that the goods are to be delivered to an address nominated by the Buyer, the goods shall be transported to such address for the account and risk of the Buyer.
Epic Auctions shall send the Buyer a pro-forma invoice for the purchase amount, made up of the bid, increased with the surcharge, the compensation for supplementary services rendered by Epic Auctions on instruction of the Buyer as well as VAT and BPM, if applicable, and administrative costs, together with any other costs incurred by Epic Auctions for which the Buyer is responsible (including costs as referred to in article 9, paragraph e). This invoice will be submitted digitally.
The invoice shall be settled in full by the Buyer within no more than 3 days from the issue date of the invoice and in any case before such time as the goods may be collected.
Payment shall be made without discount or set-off.
If the Buyer fails to pay the invoice or to pay on time or in full, the Buyer will be in default ipso jure. From then on, interest, equal to the statutory interest, is due and payable or, if there is a trade agreement, equal to the statutory commercial interest.
Should the Buyer fail to perform his payment obligations on time or in full, the Buyer shall pay compensation for the extrajudicial costs. These extrajudicial costs amount to at least 10% of the owed amount. In addition, the Buyer shall be subject to a penalty charge of 20% of the purchase price in addition to compensation of loss as referred to in Article 5, paragraph c of these terms.
In the event of non-payment, late payment or incomplete payment, Epic Auctions are entitled to auction the goods again or to allocate them to the second-highest bidder.
Epic Auctions are entitled to terminate the contract with the Vendor/Seller or Buyer with immediate effect in the event of:
bankruptcy or receivership of the Vendor or Buyer;
Vendor or Buyer, after notice of default in writing, failing to fulfil the obligations of the agreement;
Vendor failing to deliver the goods or to deliver on time;
Buyer failing to pay for the goods on time or failing to collect them on time.
If in default, the Vendor shall reimburse any loss arising therefrom, both on the part of the Buyer and on the part of Epic Auctions. If in default, the Buyer shall reimburse any loss arising therefrom, both on the part of the Vendor and on the part of Epic Auctions. The damages of the Vendor shall include any loss suffered as a result of reduced sales proceeds.
The personal data obtained by Epic Auctions from the Vendor or Bidder shall be processed in a dedicated automated data file . Vendor and Bidder grant Epic Auctions explicit consent for the use and storage of this data.
Epic Auctions shall use the data thus obtained exclusively for the following purposes:
the conducting of Auctions (including recording and handling of bids at Auctions and informing participants about current and future Auctions, the invoicing procedure, et al);
the storage of this data in a database with a view to future participation of Bidders in Auctions organised by Epic Auctions;
the provision of information to Vendors/Bidders regarding current and future Auctions;
Epic Auctions shall not disclose the data to third parties without the explicit consent of Vendors/Bidders, unless there is an obligation on the part of Epic Auctions to do so on legal grounds.
Epic Auctions hereby excludes liability for any damage whatsoever, however caused. This includes damages which may arise as a result of shortcomings in the reliable working of the auction website. Epic Auctions shall never be responsible for indirect or consequential damages.
Insofar as Epic Auctions are liable, the liability is expressly limited to the amount of commission due to Epic Auctions, linked to the bid of Bidder/Buyer. The Vendor of the goods is not responsible for visible and invisible defects of the goods. The Bidder should initiate investigations in this respect before submitting a bid based on the description of the goods, the available photos and test reports (if available) or, in the case of viewing days, based on the viewing.
The Vendor or Buyer indemnifies Epic Auctions against all claims by third parties.
Every legal relationship between Epic Auctions and the Vendor or Bidder is governed by the Laws of the Netherlands.
Disputes arising out of or associated with agreements between Epic Auctions and the Vendor or Bidder must be directed to the Oost-Brabant District Court in 's-Hertogenbosch.
Should one of the stipulations in these terms be void or declared void, the other provisions of these terms shall remain in full force. The parties will enter into consultation in order to agree on a new provision as replacement of the void or nullified provision, which shall correspond as closely as possible to the meaning and scope of the original provision.