1. The Netherlands: ByOrder World, registered in Buggenum (The Netherlands) and having its principle place of business in Buggenum at Holstraat 53, registered in the trade register of the Netherlands Chamber of Commerce under reference number: 642.80.349.
ByOrder Auction House is a separate branch of ByOrder World.
These general conditions govern the contractual relationship between ByOrder Auction House, hereafter to be named BOAH, and the Buyer/User.
Your use of this Website constitutes your agreement to the following Terms and Conditions. If you do not agree to these Terms and Conditions you may not use the Website.
BOAH MAY NEED TO, AND RESERVES THE RIGHT TO, MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE AND THESE TERMS AND CONDITIONS AT ANY TIME. IN THE EVENT BOAH MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE OR THESE TERMS AND CONDITIONS, YOUR CONTINUED USE THEREAFTER CONSTITUTES YOUR AGREEMENT TO SUCH MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.
It is your responsibility to review these Terms and Conditions on a regular basis to keep yourself informed of any modifications, limitations, changes, or replacements.
You warrant and agree that you are of legal minimum purchasing age in the jurisdiction in which you reside, for some products this agelimit may vary. It is your responsibility to check and understand the local laws in your jurisdiction regarding the legal purchasing age in order to purchase from or access our Website. BOAH does not warrant or guarantee that compliance with these Terms and Conditions will be sufficient to comply with your obligations under applicable laws where you reside or where you use the Website.
Art. 1 Definitions
Acceptance: The declaration by BOAH to the User that the Purchase Agreement has been reached. This declaration is made by means of issuing an invoice to the customer;
Bid: Irrevocable amount offered by the User in the auction of a lot;
Buyer: The User whose bid is accepted;
Buyer’s Fee: Buyer’s Fee* charged to the Buyer by BOAH as a percentage of the Bid price plus turnover tax. The amount of Buyer’s Fee payable in respect of any particular auction is stated on the Website(s) under the description of the auction and/or the description of each Lot. (*also referred to as a “premium”)
Goods: Goods which, alone or jointly comprise a lot as listed on the website;
Liquidator: The person appointed by the court administrator as liquidator of a bankrupt estate, which has contracted BOAH to sell on their behalf;
Lot: Goods consisting of one or more items in a lot which are offered for sale on the Website;
Purchase Agreement: The Purchase Agreement between Buyer and Seller;
Purchase Price: The highest bid following Acceptance, plus VAT, surcharge and any additional costs;
Registration: The registration of User on the Website through completing the registration form found on the website;
Seller: The Liquidator or Third Party as indicated on the Website;
Third party: A third Party other than an appointed liquidator who has contracted BOAH to sell goods on his/her behalf.
User: An adult who is a legally competent natural person or legal entity who has registered on the Website with the objective of making a bid for Objects being sold by BOAH on behalf of the Seller
User Agreement: An agreement between BOAH and the User which is activated by completing registration and entitles the User to place a bid for any lots listed in the auctions on the website
Websites: The website www.byorderauctionhouse.com and all other future websites recorded and registered in the name of BOAH and used for the auction or other purposes;
Art. 2 The User Agreement
2.1. The User Agreement can only be created through Registration and is non-transferable
2.2. BOAH offers the User the option to bid for the Goods (auction sale) via an internet auction. Bids are made net of turnover tax, Buyer’s Fee and any other costs, unless specified otherwise in respect of the lot in question on the Websites.
2.3. The User guarantees that the information he provides for the purposes of Registration is accurate and complete. Should this information change at any time, then the User must immediately notify BOAH of such changes, failing which BOAH is entitled to charge the User € 25 as administration costs.
2.4. BOAH is entitled to refuse or terminate any Registration without the need to provide reasons.
2.5. BOAH is entitled to begin or end an auction at an earlier or later time than the times specified on the Websites. BOAH is also entitled to change the date on which the bought Goods may be collected.
2.6. BOAH hereby excludes any liability for any kind of loss howsoever caused, whether direct or indirect loss including, but not limited to, loss arising from the User Agreement, the Purchase Contract or the use of the Websites, except in the case of any deliberate act or gross negligence on the part of BOAH. In particular, BOAH accepts no liability for any kind of loss caused by, or resulting from:
Art. 3 The Purchase Contract and Delivery
3.1. The Purchase Contract is created by Acceptance, whereby the Seller sells the Goods to the Buyer, who buys the Goods from the Seller, for payment of the Purchase Price.
3.2. The risk for the Goods passes at the time of Acceptance.
3.3. Delivery of the Goods will be effected by taking possession of the Goods at a time and place to be determined by BOAH by allowing the Buyer access to the room in which the Goods are stored and the Buyer receiving permission from the Receiver/Liquidator or the Third Party via BOAH to remove the goods from such room and the Buyer removing such Goods, or by BOAH storing these Goods for the Buyer for a limited, pre-agreed period at the Buyer’s risk and expense.
3.4. If the Goods are picked up by a carrier from the room in which the Goods are stored, delivery to the Buyer occurs at the moment when the carrier is given access to this room and receives permission from the Receiver/Liquidator or the Third Party via BOAH to remove the goods from such room and does so
3.5. The Buyer must take the greatest care when removing the purchased Goods, and must follow any instructions given by BOAH. If it is necessary to dismantle the Goods, the Buyer must arrange for this to be done in a professional manner at its own expense. The Buyer is liable for all loss resulting from the collecting of the Goods and shall indemnify BOAH and the Seller against any loss suffered by any third party
Art. 4 Invoicing and Payment
The Third-Party Account Holder shall invoice the Buyer for the Purchase Price plus turnover tax, Buyer’s Fee and any other costs. The Buyer must pay the invoice within the period specified on the invoice and in the manner specified on the invoice.
Art. 5 Termination of Contract
5.1. If the Buyer fails to comply with its obligations under the Purchase contract, it will automatically be in breach and the Seller is entitled to terminate the Purchase Contract with immediate effect by written notice sent by post or email (whether directly or via BOAH). Such right exists if the Buyer is in breach of obligations including, but not limited to, the following:
5.2. If the Buyer is in breach of any obligations under the Purchase Contract, then BOAH and/or the Seller are entitled to sell the goods immediately to another party without thereby incurring any liability to compensate the Buyer. The Buyer is also liable to compensate BOAH and/or the Seller for any loss either suffer as a consequence of such contractual breach.
5.3. If the Buyer fails to pay the Purchase Price on time or does not purchase the Goods on time or in full, then BOAH is entitled to charge collection costs or administration costs of at least 15% of the Purchase Price. BOAH is also entitled to charge the Buyer for storage and removal costs if the Goods are not collected on time and in full.
5.4. If by virtue of section 1 of this article the Purchase Contract is terminated by BOAH or the Seller, then the Buyer remains liable to pay Buyer’s Fee to BOAH plus € 12.50 administration costs and turnover tax.
5.5. The right not to sell to highest bidder: the Seller (or BOAH on the Seller’s behalf) is entitled to terminate the contract unilaterally at any time up to the moment of delivery. If at that moment the Buyer has already paid the Purchase Price, this will be refunded. If the Seller (or BOAH on behalf of the Seller) terminates the contract prior to delivery, neither the Seller nor BOAH are required to pay compensation to the Buyer for loss it suffers as a result of such termination.
Art. 6 Garantee, indeminty and discharge
6.1. Neither BOAH nor the Seller gives any guarantee of any kind with regard to the Goods and any third-party claim in respect thereof. The Buyer waives its rights under Title 1 Book 7 of the Dutch Civil Code insofar as these provisions are not mandatory
6.2. The Goods are purchased in their condition as on the date of Acceptance with all benefits and burdens attached thereto. Neither BOAH nor the Seller give any indemnity for any visible or patent defects or guarantee in respect of completeness, numbers, working order, usability or saleability. The Buyer must ensure that the Goods are examined with skill and care. Neither BOAH nor the Seller can be held liable for a description of any lot that is incomplete or inaccurate. No defect of any kind, or disappointed expectation of the Buyer or third party acquiring the Goods shall give any right to compensation or set off against the Purchase Price.
6.3. If any intellectual or other property rights, including retention of title or third-party rights pursuant to Book 3 Articles 166-226 and 290-295 or Book 6 Articles 52-57 and 271 (following a claim for rescission based on Book 6 Article 265) or Book 7 Article 39-44 of the Dutch Civil Code, or other third-party rights, whether or not of a similar nature, are asserted in respect of the Goods by any third party, then the Buyer must retain these Goods for such third parties subject to the obligation to surrender these on demand by BOAH to such third parties, or to take such other appropriate steps with any legally-entitled party. If the Goods are returned undamaged to BOAH on demand, then the Buyer is entitled to the return of the Purchase Price paid for the relevant Goods, and the Purchase Contract in respect of these Goods is deemed to have been rescinded without thereby incurring BOAH or the Seller in any liability to pay compensation to the Buyer.
6.4. The Buyer indemnifies BOAH and/or the Seller against any third-party claim arising from the Purchase Contract between the Seller and the Buyer.
6.5. If the Receiver/Liquidator is the Seller then the provisions of Book 7 Article 19 (1) of the Dutch Civil Code shall apply.
Art. 7 Privacy
7.1. BOAH must store the personal data it receives in records for such purposes.
7.2. Through Registration on the Website the User consents to BOAH using and storing the registered information
7.3. BOAH shall only use this information for its own purposes. BOAH may also supply this information to the Seller and any agents of BOAH and the Seller. BOAH will not supply this information to any other third parties without the consent of the User unless BOAH required to do so by law or any demand by an authorised body.
Art. 8 Links
8.1. The Websites may contain links to other sites. BOAH has no control over such sites and is in no way liable for the content of such sites.
8.2. BOAH is not liable for any loss of any kind suffered by visitors to its Websites, including consequential loss, as a result of the use of, or visit to, the links referred to in section 1 of this article.
Art. 9 Final Conditions
9.1. If any (part) provision of the User Agreement, the Purchase Contract or these general conditions is invalid, void or voidable, this shall not effect the validity of any other provisions of the relevant contract or these general conditions. The relevant (part) provisions will be replaced by provisions that are valid and that differ as little as possible from the purpose and scope of the relevant (part) provisions.
9.2. Insofar as legally permitted, and as far as possible, the User and the Buyer waive their right to terminate or rescind the User Agreement or the Purchase Contract.
9.3. The scope of the general or special conditions of the User/Buyer is hereby expressly excluded by BOAH and the Seller.
9.4. In addition to these general conditions, BOAH may impose special conditions for auctions to govern the conduct of auctions, or at any rate the auction of the Goods advertised for auction on the Websites. If and insofar as there is any discrepancy between any special conditions for auctions issued by BOAH and these general conditions, then the special conditions for auctions shall take precedence. In addition to the relevant terms of these general conditions, the conditions set out by BOAH on the Websites regarding registration, making bids, payment collecting Goods and delivery, also govern the relationship with the Buyer/The User
9.5. Any exception to these general conditions must be confirmed in writing signed by an authorised representative of BOAH and initialled by the User as evidence of agreement.
9.6. BOAH reserves the right to amend these general conditions. Any such amendments will come into effect 24 hours after they have been sent by email to the User. Once they have come into effect, the amended general conditions shall replace all previous general conditions unless specified otherwise by BOAH.
9.7. In the event of any discrepancy between the Dutch version of these general conditions and any translation thereof, then the Dutch text shall always have precedence.
9.8. The User Agreement, the Purchase Contract and these general conditions are governed by Dutch law.
9.9. The court with relevant jurisdiction in Amsterdam has sole authority to hear any dispute arising in connection with the User Agreement, the Purchase Contract and these general conditions.