General Seller Terms and Conditions Bidpointer

1. Applicability

1. These General Seller Terms apply when you - the seller - sell a lot through Bidpointer's Online Auction Platform. These General Seller 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 Seller Terms and Conditions, and a version in another language, the Dutch version shall prevail.

2. Seller Registration

1. When registering as a seller on the website, you create a seller account.
2. You must provide complete and accurate information about yourself or your company. 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 Seller"), or as an individual (hereinafter "Private Seller"). All sales made through your account are included.
4. If you are a party to a purchase agreement as a Professional Seller, 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 Professional Seller enter into a purchase agreement with a Private Buyer, additional rights for the Private Buyer and obligations for you as a Professional Seller apply.

3. Formation of Purchase Agreement

1. When you offer a lot for auction through Bidpointer's website, you pay a fee to Bidpointer. You must pay this fee before you can post a lot on the website. You owe this fee in any case, even if no purchase agreement is reached.
2. You offer a lot for auction by filling in the details on the designated page. You are required to fill in all requested information.
3. If there is a day on which the lot can be viewed, or an auction day, you should mention this yourself in the description.
4. If you impose additional conditions on the formation of a purchase agreement, they should be explicitly stated in the description of the lot so that a buyer can take note of them before placing a bid. Additional conditions apply only if they do not conflict with applicable laws and regulations.
5. If you offer buyers the opportunity to attend the auction in person (public auction), you must explicitly state this in the description of the lot. A public auction has the advantage that Private Buyers have no right of withdrawal.
6. You are required to include in the description of the lot whether the lot is to be picked up at your place or will be shipped by you and how the cost of shipping will be calculated.
7. You guarantee that you are authorised to sell the lot. In doing so, you are not violating any laws or regulations, infringing on the rights of third parties or acting unlawfully.
8. Lots can be withdrawn only if you request this from Bidpointer and Bidpointer agrees. However, in that case you will owe an immediately payable fine of €1,500.
9. After the lot is accepted by Bidpointer, it is placed on the Online Auction site.
10. You enter into a purchase agreement with the highest bidder. This purchase agreement is automatically established when the bidding period has expired, unless no bid has been made above the minimum price you entered. In the latter case, you may well decide to award the lot. Bidpointer is not a party to this purchase agreement.
11. Ranking of lots takes place in order of auction ending first, and so on.
12. Once the bidding period has expired, both Buyer and Seller will be notified. It is then up to you and Buyer to contact each other, for settlement of the purchase agreement.

4. Delivery

1. You must make arrangements with Buyer for delivery (shipping or pickup) of the lot.
2. After payment has been made by Buyer, the lot shall be shipped no later than 60 days unless other arrangements are made in writing.
3. The lot must be shipped from the location listed in the description of the lot. It is not allowed for the cost of delivery to be higher afterwards because you ship the lot from a different place.

5. Payment

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

6. Obligations Seller

1. You must fulfil your agreements under the purchase agreement. If you fail to do so, and default has occurred, Buyer has the right to rescind the purchase agreement and you may be obligated to compensate Buyer for damages suffered.
2. If you fail to fulfil your obligations to Bidpointer, Bidpointer has the right to cancel any open transactions and recover from you any losses incurred as a result. If Bidpointer cancels a transaction, you continue to owe Bidpointer the fee set forth in Section 3.1.

7. 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. This is the case when a Buyer is offered the opportunity to bid both online, and physically on location.
2. If it is a public auction, you should mention this in the description of the lot.
3. It follows from that law, among other things, that a Private Buyer has a right of withdrawal. That means they have 14 days to change their mind. The Private Buyer may return the lot during these 14 days without giving a reason. In this case, the Private Buyer must receive the purchase price back within 30 days.

8. Change of Conditions

1. Bidpointer may change the General Seller 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.