1. Applicability
- These Terms of Use apply between you as a participant or user of Bidpointer's website. By visiting and using the website, you indicate your familiarity and agreement with these Terms of Use.
- These Terms of Use apply when you visit the Website and when you buy, sell or bid on lots (hereinafter "Our Services") through the Website.
- If you are 18 years of age or older, you can use Our Services. To make a purchase through our website, you must be 18 years of age or older.
- These Terms of Use constitute a legally binding agreement between you and Bidpointer. These govern your access to and use of Bidpointer's website, including all subpages and subdomains of the website.
- In case of conflict between the Dutch version of these Terms of Use, and a version in another language, the Dutch version shall prevail.
2. Other Applicable Conditions
- If you sell or buy Lots through our platform, the following documents apply to you. These documents are an integral part of these Terms of Use.
- Seller Terms . If you offer lots for auction through our website, specific rules for Sellers apply to you.
- Buyers Conditions . If you purchase lots through our website, specific rules for Buyers apply to you.
- Privacy Policy . When you visit or use our website, we process your personal data. By using our website, you agree that we may use your information for the purposes described in our Privacy Policy.
3. Transparency Auctions
- The auction process is fair and as transparent as possible.
- If Bidpointer suspects or observes any abuse of the website, it will take action accordingly. If you suspect abuse by another person, please let us know using our contact form . If you have manipulated or attempted to manipulate the price of an auction, Bidpointer will deny you access to the website and block your account. Bidpointer will claim restitution for any damages resulting from abuse or fraud by you or from your account.
4. Registration
- When registering on the platform, you create a login name and password, which you need to buy and sell lots. With that login name and password, you can access your account. You must store these login details carefully and keep them secret.
- If you suspect that your login information is known to an unauthorized third party, you must notify us as soon as possible. You can do so through the contact form on the website. We will then send you new login information as soon as possible.
- Provide complete and accurate information about yourself or your company. You are required to keep this information up to date.
- To ensure that the website is reliable and secure, Bidpointer reserves the right to deny you the ability to create an account, limit the use of your account, and terminate your right to access your account. The foregoing applies to all accounts that Bidpointer may link to you. If you disagree with our findings, you will need to demonstrate that the accounts in question are not linked to you.
- If Bidpointer has denied you access to or use of the Website in accordance with these Terms of Use, you are not permitted to create a new account or use the Website through a third-party account.
- Your account is your responsibility, and you use the website and technical resources at your own risk.
5. Privacy
- To enable seller and buyer to fulfil their obligations under the purchase agreement, we provide them with the information they need. This includes your name, address, e-mail address and phone number. This information must be shared in order to send a lot to a Buyer. Bidpointer is not responsible for the accuracy of buyer's and seller's personal information.
- Both Bidpointer and buyer/seller receiving personal data are considered separate and independent data controllers of the personal data according to the General Data Protection Regulation (hereinafter, "GDPR"). If it is determined that Bidpointer and buyer/seller are both processors of the personal data, and if Bidpointer is sued, fined or otherwise harmed by any failures of buyer or seller, buyer/seller agrees to indemnify Bidpointer for those damages.
- If you receive personal data, you are required to process that personal data in accordance with the GDPR. You are not permitted to process this information for any purpose other than to fulfil your obligations under a purchase agreement concluded through our website.
- You are expressly prohibited from using personal data obtained through our website for commercial purposes. If you violate provisions of this article, you will be liable for damages incurred.
6. Services
- Bidpointer offers an Online Auction Platform. Our website allows you to buy and sell lots through our online, digital and automated auctions. The scope of Our Services is limited in the following way:
- Sellers are responsible for the lots they sell. Bidpointer is in no way responsible or liable for the quality, safety, legality or accuracy of the lots.
- 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.
- Bidpointer acts as a mediator by providing an Online Auction Platform. A purchase agreement is established between buyer and seller; Bidpointer is not a party to it.
- Bidpointer charges Seller a fee for using the Online Auction Platform.
- The website may contain links to third-party websites or Bidpointer may use additional third-party services. If you use third-party services through the website, the terms and conditions of that third party will apply.
7. Auction Rules
- Every bid is binding. Bids placed through your account are considered to have been placed by you, even if someone else used your account.
- You are not permitted to bid on your own lots, or to bid on lots of anyone associated with you.
- The Online Auction ends when the allotted time expires.
- Different or additional terms may apply to certain purchases. If this is the case, it will be noted with the lot.
- Bidpointer may remove a bid in a pending auction if Bidpointer deems it necessary.
- Bidpointer can remove a lot from a pending auction. In that case, all placed bids will also be removed.
8. Use Online Auction Platform
- When you submit a lot, you must upload materials such as a description, photos, and specifications (hereinafter "User Materials").
- You acknowledge and agree that the User Materials you upload or post on our Online Selling Platform:
- Is complete and accurate and, in our opinion, does not violate public morals, is not violent, discriminatory or offensive, does not contain a link to pornographic material or websites and does not promote illegal activities;
- Does not consist of chain letters, junk mail or spam;
- Does not infringe third-party rights and is not otherwise unlawful toward third parties;
- May be used by Bidpointer for any purposes Bidpointer deems necessary, without transferring intellectual property to Bidpointer. The goal is to increase your activities and the activities of the Online Auction Platform. This permission to use does not end when your account is deleted or when you decide to stop using the website;
- May be translated so that a lot can be offered in other countries.
- If you believe that User Material posted on the website does not comply with the above, Bidpointer asks you to report it via the contact form. It is at Bidpointer's discretion whether the User Material should be removed.
- You agree not to perform any actions that may cause an unreasonable and/or disproportionate load on our website's infrastructure and/or interfere with the functionality of the Online Auction. You agree not to reverse engineer, attempt to obtain source code, use viruses, Trojan horses, worms, bots or other software or technical devices that may damage the website, make the website inaccessible or circumvent technical protection measures.
- Bidpointer is permitted to make changes or improvements to the website. Bidpointer is also permitted to take the Online Auction Platform out of use, or restrict its use, if in Bidpointer's opinion this is necessary.
9. Account Termination
- You may terminate your account at any time, provided you have no ongoing payment or delivery obligations to Bidpointer or other users of the Online Auction Platform. Ending an account cannot be done earlier than two months after you last bought or sold a lot through the website.
- Bidpointer may terminate your account or suspend the right to use it at any time immediately, without notice or termination period, if you fail to comply with these and other applicable terms and conditions.
10. Failure to Comply With Terms of Use
- If you violate the Terms of Use, and any other terms and conditions applicable thereto (Article 2), Bidpointer has the right, among other things, to:
- Suspend disbursement or reimbursement;
- Set off payments against claims against you, provided this does not violate mandatory law;
- Terminate your account or restrict its use;
- In addition, you shall owe Bidpointer a penalty of €1,500 for each breach of these Terms of Use, and any other terms and conditions applicable thereto (clause 2), and €250 for each day that such breach continues.
- If Bidpointer takes action as described under Article 10.1, it will notify you by email.
11. Intellectual Property
- Any intellectual property rights, such as copyrights, trademarks and database rights on the Website, including but not limited to the intellectual property rights in the texts, graphics, designs, photographs, software, audio-visual material and other material, belong to Bidpointer or the owner of the User Material. Subject to the terms and conditions in these Terms of Use, Bidpointer grants you limited, personal, revocable, non-exclusive, (non-)sublicensable, non-transferable rights to use the Online Auction Platform.
12. Liability Bidpointer
- Bidpointer provides its services to the best of its knowledge and ability. However, Bidpointer gives you no guarantee that your desired (financial) results will be achieved.
- Bidpointer shall not be liable in any way for any damages resulting from the provision of our services, including but not limited to damages arising out of or in connection with the use of the Online Auction Platform or wrongful conduct, except in the case of intentional or deliberate recklessness on the part of Bidpointer. This includes, but is not limited to, damages related to:
- Termination, performance and rescission of a purchase agreement by a buyer/seller;
- Cancellation of a transaction by Bidpointer or the dissolution of a purchase agreement by Bidpointer on behalf of a buyer/seller;
- Unlawful use of the website.
- No rights can be derived in any way from the information provided on the website. Bidpointer accepts no liability for damages resulting in any way from the use of the website or from the incompleteness and/or inaccuracy of the information provided on the website and/or damages resulting from the (temporary) unavailability of the website.
- Should Bidpointer nevertheless be liable for any damages, such damages shall be limited to the amount paid in respect of such damages per occurrence by Bidpointer's professional or business liability insurance. If the maximum insured amount exceeds the purchase price of the relevant lot, Bidpointer shall be liable only up to the amount of that purchase price.
- Damages such as business and/or stagnation damages, consequential damages, loss of sales and/or profits, loss of production or depreciation of products are excluded from compensation.
- If you are sued for damages by a third party, you cannot pass this claim on to Bidpointer.
- Any damages should be reported immediately after they are determined. Any liability of Bidpointer lapses in any case if you do not appeal the shortcoming within 72 hours of receiving the lot, or at least within one month of the conclusion of the purchase agreement.
- You indemnify Bidpointer against third party claims and hold Bidpointer harmless, for claims arising from your actions in violation of these Terms of Use and other applicable terms.
13. Change of Conditions
- Bidpointer may change the general user values at any time, subject to applicable laws and regulations.
- 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.
14. Disputes
- Bidpointer is not a party to any purchase agreement created through the Online Auction Platform, and therefore is not a party if you have a dispute with another user of the website. Disputes with a buyer/seller should be resolved among yourselves.
- All purchase agreements concluded through the Online Auction Platform are governed by Dutch law.
- If you are not satisfied with Bidpointer's services, you can report a complaint using the complaint form . Bidpointer will attempt to resolve the dispute with you.
- These Terms of Use are governed by Dutch law, unless otherwise provided by mandatory law. The competent court of the District Court of East Brabant shall have exclusive jurisdiction to hear the dispute.