General Buyer's Terms and Conditions Bidpointer

1. Applicability

  1. These General Buyer Terms apply when you - Buyer - purchase a lot through Bidpointer's Online Auction Platform. These General Buyer Terms form an integral part of our Terms of Use . You can register on our website only if you declare that you are familiar with and agree to our Terms and Conditions of Use, Buyer's Terms and Conditions, Seller's Terms and Conditions and Privacy Policy.
  2. In case of conflict between the Dutch version of these Buyer's Terms and Conditions, and a version in another language, the Dutch version shall prevail.
  3. The use of this website and any purchase agreements made through this website are subject to applicable laws and regulations.

2. Buyer Registration

  1. Upon registering as a buyer on the website, you will create a Buyer Account.
  2. You must provide complete and accurate information about yourself or your business. You are required to keep this information up to date.
  3. You must indicate whether you are using the account in the course of conducting a business (hereinafter "Professional Buyer"), or as an individual (hereinafter "Private Buyer"). All purchases made through your account are included.
  4. If you as a Professional Buyer are party to a purchase agreement, you are required to comply with applicable laws and regulations, including at least and not limited to your VAT obligations.
  5. If you, as a Private Buyer, enter into a purchase agreement with a Professional Seller, additional rights apply to you and additional obligations under the law apply to the Professional Seller. The Professional Seller is obliged to comply with applicable laws and regulations.
  6. If you have not registered yourself as a Professional Buyer, but we suspect that you are using our Online Auction Platform in the course of conducting a business, we have the right to consider you a Professional Buyer for all future sales through the relevant Account. This means that additional laws and regulations apply to your purchases.

3. Bids

  1. You can bid through the Online Auction Platform. You are aware that you are purchasing a lot through an Online Auction Platform and that this constitutes an "as is where is" transaction. The lots have not been tested or checked by Bidpointer. Bidpointer makes no warranties or representations regarding the equipment or components, as to functionality, conformity or compliance with any safety standard.
  2. Bids are irrevocable and cannot be withdrawn. You must take multiple steps to submit a bid, making it impossible to submit a bid by mistake.
  3. If a purchase agreement is reached, please note that your bid price will still be increased by costs for shipping/delivery and possibly VAT.

4. Formation of Purchase Agreement

  1. If you wish to purchase a lot, you can make an offer through the website. If Seller uses a minimum price, your bid must be higher than the minimum price.
  2. Once you place a bid, that bid is irrevocable. You cannot withdraw the bid after that.
  3. Seller will state in the description how delivery will take place (shipping or pickup), and whether there will be any charges for delivery.
  4. If your bid is the highest bid at the close of the auction, a purchase agreement is automatically established between you and Seller. A purchase agreement does not automatically come about if your bid is lower than the required minimum bid. In that case, however, a Seller may decide to award the lot to the bidder with the highest bid. In that case, a purchase agreement is also automatically established.
  5. Bidpointer is not a party to the purchase agreement.
  6. If Seller sets specific conditions to the purchase agreement, they are explicitly stated in the description of the lot. If these conditions do not conflict with applicable laws and regulations, they will apply to the purchase agreement.
  7. If a bid is placed through your account, you warrant that you are authorised to purchase the lot. In doing so, you are not violating any laws or regulations, infringing on the rights of third parties or acting unlawfully.

5. Delivery

  1. The description of the lot indicates how delivery (pickup or shipping) will take place. You should make further arrangements with Buyer for the delivery of the lot.
  2. If there are any problems with shipment of the lot, you should contact Seller as soon as possible.
  3. Once you have made full payment, Seller is obligated to ship the lot no later than 30 days, or you must pick up the lot within 30 days.
  4. If you have agreed to pick up the lot from Seller, you must have done so within 60 days after the purchase agreement is established, unless you have made specific other arrangements with Seller in this regard.
  5. If you have not picked up the lot within the agreed period, Seller has the right to rescind the purchase agreement.

6. Payment

  1. You make payment arrangements with Seller. The cost should correspond to what has been communicated about this in advance. Bidpointer is not a party to making payment arrangements.

7. Obligations of Buyer

  1. You must fulfil your agreements under the purchase agreement. If you fail to do so, and default has occurred, Seller has the right to rescind the purchase agreement and you may be obligated to compensate Seller for damages suffered.
  2. If you fail to fulfil your obligations to Bidpointer, Bidpointer has the right to block your account and recover any damages suffered from you.
  3. If you wish to import the lot to a country other than the country where the lot is located at the time the purchase agreement is made, it is your responsibility to comply with applicable laws and regulations. You should check what rules and any restrictions apply to that import. Research this before placing a bid.

8. Rights Private Buyer

  1. If a Professional Seller enters into a purchase agreement with a Private Buyer, the Distance Selling Act applies to that purchase agreement, unless it is a public auction. A public auction occurs when you are given the opportunity to bid both online, and physically on location.
  2. If there is a public auction, this is stated in the description of the lot.
  3. It follows from the Distance Selling Act, among other things, that a Private Buyer has a right of withdrawal. That means they have 14 days to change its mind. The Private Buyer may return the lot during these 14 days without giving a reason. To do so, the Private Buyer must complete the withdrawal form . In this case, the Private Buyer must receive the purchase price back within 30 days.

9. Change of Conditions

  1. Bidpointer may change the General Buyer Terms at any time, subject to applicable laws and regulations.
  2. Changes to these terms will be announced by Bidpointer by posting on its website and/or otherwise communicating such changes. Changes also apply with respect to pre-existing agreements.

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