General Terms and Conditions Netherlands
General Terms and Conditions of TroostwijkAuctions.com for Buyers
The General Terms and Conditions, together with the User Terms and Conditions, apply to the legal relationship between the Buyer / User on the one hand and TBAuctions Netherlands B.V., trading under the name "Troostwijk Auctions", "Troostwijk" or "Troostwijk Veilingen", with its registered office in Amsterdam and its place of business at Overschiestraat 59 in 1062 XD Amsterdam (KvK 34373620, VAT number NL821785278B01) on the other hand, when using the Platform, participating in an Auction and placing a Bid on a Lot. These General Terms and Conditions also apply to the legal relationship between the Buyer and a Seller in the event a purchase agreement is concluded via the Platform.
Article 1. Definitions
Account: The combination of a username and password that allows a User, by logging in to the Platform, to access and participate in the Auction(s).
Collection: The actual delivery (transfer) of a Lot to the Buyer or the Buyer's authorised representative in a time period specified by Troostwijk, whereby the Buyer collects the purchased item at the location designated by Troostwijk. If delivery takes place via shipment by the Seller, the moment the Buyer receives the purchased item is considered the actual delivery.
Terms and conditions: These terms and conditions.
Bid: Any amount that User bids for a Lot in an Auction, plus, inter alia, the Buyer’s premium and VAT. The Bid is considered an irrevocable offer by the User to purchase the Lot for the amount offered.
Trustee: A court-appointed liquidator responsible for the management and disposition of assets belonging to a bankruptcy estate;
Transfer of Ownership: The transfer of ownership of the Lots and thus the transfer of risk of a Lot takes place at the time of Collection.
User: The person who by means of Registration has created the Account for the use of the Platform, in order to participate in the Auction, among other things.
User Terms and Conditions: The provisions included on the Platform under the heading "Terms of Use" that govern the terms and conditions of use of the Platform, including participation in the Auction. These conditions are accepted by the User when creating an Account and placing a Bid.
Goods: one or more goods within the meaning of Article 3:1 of the Dutch Civil Code.
Lot(s): one or more Goods auctioned individually or jointly, under one lot number at an Auction.
Viewing Day: A period determined by Troostwijk during which the User is given the opportunity to view and inspect the Goods offered for auction prior to the conclusion of the Purchase Agreement.
Purchase Agreement: The agreement between the Seller on the one hand and the Buyer on the other hand concerning the sale and purchase of one or more Lots.
Purchase Price: The amount of the highest allotted/awarded Bid plus the Buyer's premium, VAT payable and (if applicable) other costs.
Buyer: The User whose Bid has been accepted and to whom a Lot has been allocated by Allotment/Allotment.
Public Auction: An auction conducted by an auctioneer and taking place under the supervision of a civil law notary or bailiff. The Buyer may be present or have the opportunity to be present in person, as referred to in Article 6:230g paragraph 1 under j of the Dutch Civil Code. By placing a bid, the User must purchase the awarded/allotted lots as soon as the Purchase Agreement comes into effect.
Buyer’s premium: The (auction) costs charged to the Buyer in the amount of a percentage over the Bid, plus any VAT due.
Personal data: The data provided by User or Buyer that can be traced back to his or her person, including name/address/residence data, and e-mail address.
Platform: the website www.troostwijkauctions.com, the Troostwijk app and underlying systems.
Registration: The registration of the User on the Platform to create an Account.
Specific Auction Terms and Conditions: The terms and conditions for participating in an Auction, as stated in the description for the Auction in question, in addition to or in derogation from the General Terms and Conditions for Buyers and/or Users.
Awarding/Allocation: The explicit confirmation by Troostwijk (on behalf of the Seller) to the User that the Lot or a combination of Lots on which the User has placed a Bid has been allocated to the User. This confirmation consists of sending a message requesting the Buyer to pay the Purchase Price. This message counts as an acceptance on behalf of the Seller within the meaning of Article 6:217 of the Dutch Civil Code.
Troostwijk: TBAuctions Netherlands B.V., trading under the names "Troostwijk", "Troostwijk Auctions" and "Troostwijk Veilingen", registered in the Trade Register of the Chamber of Commerce under number 34373620, VAT number NL821785278B01, registered office in Amsterdam.
Auction: The auction held via the Platform for the sale of Lot(s), which may also include a Public Auction.
Seller: The natural person or legal entity that has commissioned Troostwijk to mediate in the sale of one or more Goods, for its own name and account, as being the Seller.
General
Article 2. Troostwijk is not the Seller
2.1 Troostwijk acts as intermediary and operates an online platform for the sale of lots, both via Auctions and private sale, on behalf of and for the account and risk of the Seller. Troostwijk concludes a brokerage agreement with the Seller, in which the Seller commissions Troostwijk to (i) mediate in the realization of Purchase Agreements via an Auction between the Seller and Buyer(s), (ii) handle complaints from Users or Buyers and (iii) perform other activities that are in the interest of the Seller in the sale of a Lot via an Auction.
2.2 Troostwijk does not become the owner of any Lot intended for sale, nor is it a party to the Purchase Agreement. Therefore, Troostwijk's liability is limited to the situations outlined in Article 19.
2.3 Along with the General Terms and Conditions, Troostwijk may impose Specific Auction Terms and Conditions. The User accepts these terms and conditions by placing a Bid. In the event of a conflict between the terms, the Specific Auction Terms and Conditions prevail.
2.4 The (general) terms and conditions used by a User do not apply.
Article 3. Privacy
Troostwijk uses Personal Data in accordance with the provisions in the Privacy Statement available on the Platform (https://www.troostwijkauctions.com/privacy-cookie-statement). The User should always consult the latest amendments to the Privacy Statement when visiting the Platform.
The Auction
Article 4. Description Plots
4.1 The Description of a Lot is created to the best of Troostwijk's knowledge, but Troostwijk and/or the Seller do not guarantee its accuracy or completeness. Troostwijk relies on information provided by the Seller or third parties and does not have direct knowledge of the Lot being auctioned, nor of any (limited) rights, encumbrances, or attachments that may apply to the Lots. Since Troostwijk cannot verify the accuracy or completeness of the information provided by the Seller, the Seller remains responsible for the description of the Lot. However, it is not always possible for the Seller to provide complete information about the Lot or any specific details.
4.2 If Troostwijk displays or provides a sample, model, or example, it is only for reference. The actual properties of a Lot may differ from the sample, model, or example shown. Users and Buyers cannot make any claims or assert any rights based on these descriptions, samples, models, examples, or any other information provided.
4.3 Troostwijk and the Seller make every effort to provide the most accurate and clear description of a Lot on the Platform, in the Specific Terms and Conditions of Auction, auction catalogues, auction brochures, advertisements, and other materials. However, they accept no liability for any damage resulting from incorrect or incomplete descriptions, or any other form of damage.
4.4 Troostwijk reserves the right to correct any inaccuracies in verbal or written statements made by it or on its behalf, as well as any mistakes made (whether during an Auction or otherwise). Users and Buyers cannot claim any rights based on these corrections. Additionally, Troostwijk is not liable for any inaccuracies or incompleteness in the description of a Lot
Article 5. Personal/company data Seller/third party
The Seller and the Buyer agree that any Personal and/or Company Data of the Seller or a third party that may be contained in or on a Lot explicitly do not form part of the Purchase Agreement. If, after the Auction, it is discovered that such data is present in a Lot, the Buyer must immediately inform Troostwijk. Additionally, upon first request, the Buyer must fully cooperate in returning this data to the Seller or ensuring its destruction. Regardless of these obligations, the Buyer must maintain strict confidentiality and is prohibited from using, sharing, or granting access to this data in any way, whether directly or through third parties
Article 6 Duty of investigation User/Buyer
6.1 If a Viewing Day has been established, this will be stated on the Platform and in the Specific Auction Terms and Conditions. The User has the opportunity to view and examine a Lot prior to placing a Bid on the Viewing Day of the relevant Auction.
6.2 The User/Buyer is required to carefully inspect the purchased Lots and verify whether they match the description provided on the Platform. As the purchased Lots are used and not new goods, they are sold in their existing condition at the time of purchase, as outlined in Articles 14 and 16 of the General Conditions. Any defects or shortages must be reported to Troostwijk or the Seller no later than at the time of Collection.
6.3 A User who enters buildings or grounds on a viewing day does so entirely at their own risk. The User must follow the instructions of Troostwijk, the Seller, and/or any third parties engaged by them. Troostwijk and the Seller accept no liability for any damage the User may incur as a result of entering buildings or grounds during a Viewing Day.
Article 7. The Auction
7.1 The duration of an Auction is indicated on the Platform. Troostwijk reserves the right to cancel, end, or extend an Auction at its discretion. In the event of a technical malfunction that renders the Platform partially or fully inaccessible to Users, Troostwijk has the right (but not the obligation) to extend the Auction.
7.2 The User must follow all instructions and directions provided by or on behalf of Troostwijk in relation to an Auction.
7.3 By Registration, the User acknowledges and accepts the unique nature of an (online) Auction, including potential technical issues that may arise. Troostwijk excludes all liability for direct and/or indirect damage resulting from the use of the Platform, except in cases of intent or deliberate recklessness on Troostwijk’s part. Specifically, Troostwijk accepts no liability for damage caused by or resulting from:
Actions taken by the User based on information provided on the Platform.
The inability to use the Platform (fully) and/or any malfunction of the Platform.
Failure to submit a timely Bid.
Failure of a Lot to meet the specifications stated on the Platform.
Incorrect, incomplete or not up-to-date information on the Platform.
Failures or defects in the Platform, underlying hardware, network connections or software.
Unlawful use of Troostwijk's Platform by a third party.
Actions of the Seller after the User has entered into a Purchase Agreement.
7.4 Troostwijk reserves the right to:
Not to acknowledge or refuse a Bid.
Exclude a User from participating in the Auction.
Aggregate Lots, split Lots, make changes to (the composition of) Lots or remove Lots/Goods from the Auction.
Stop, resume, extend, or cancel an Auction.
Modify the manner in which the Auction is conducted.
Correct mistakes made by Troostwijk or the Seller in the Auction, Allotment, or Awarding, without the User being able to derive any rights or benefits from such corrections.
Take any other action it deems necessary.
7.5 Troostwijk is authorized, before or during participation in an Auction or bidding on a Lot, to require a User to provide an advance payment, penalty clause, or other form of security before proceeding (on behalf of the Seller) with Allotment/Awarding or the Purchase process.
Article 8. Public Auction
8.1 For each Auction, Troostwijk offers the User the opportunity, in the context of a Public Auction, to make a bid in the presence of an auctioneer in a physical location, in addition to making an online Bid via the Platform. On the Platform it is also indicated that there is a Public Auction, as well as at which location the User can be present in person or in which way the User must register.
8.2 In order to place a Bid during a Public Auction on location, the User must be present at a location and time designated by Troostwijk and follow the instructions of the Auctioneer and/or Troostwijk.
Article 9. Foreclosure sale
9.1 If an Auction is a Foreclosure Sale (bankruptcy auction) or a sale by way of parate execution, this will be specified in the Specific Auction Terms and Conditions or on the Platform.
9.2 In such sales, as described in Article 9.1, the User and/or Buyer has no right to withdraw or revoke a Bid, nor to dissolve the Purchase Agreement if a Lot does not match its description. The Trustee, pledgee, or mortgagee provides no guarantees regarding the soundness or usability of the Lot(s). In accordance with Article 7:19 of the Dutch Civil Code, the Buyer accepts any actual defects, burdens, and/or restrictions associated with the Lot.
Article 10. The Bid
10.1 The User may place a Bid on the Platform for a Lot. Each Bid is unconditional, irrevocable and without any reservation. Troostwijk and/or the Seller reserve the right to reject any Bid without providing reasons.
10.2 Buyers should be aware that, in addition to the Bid amount, additional costs and taxes may apply, such as delivery costs, financing costs, levies, (residual) BPM (for cars), and handling fees. These costs are not included in the Bid amount and must be paid separately by the Buyer to the Seller.
10.3 An Auction is a (public) invitation by the Seller to make an offer. If a User makes a Bid, this Bid is deemed to be a legally binding offer to the Seller within the meaning of Article 6:217 of the Dutch Civil Code.
10.4 If a Lot is offered in Auction together with one or more other Lots as a combination, this will be indicated on the individual Lot page on the Platform. In that case, it will first be possible to bid on the individual Lots of the combination, after which - after the closing of all individual Lots - it will be possible to bid on the combined Lot. Individual Lots will be allocated subject to award only if the total amount of the highest allocable bids on the individual Lots exceeds the highest allocable bid on the Combination. The combined Lot will be allotted only if the highest Assignable Bid on it is higher than the aggregate amount of the highest awarded Bids on the individual Lots.
The Buy
Article 11. Allocation/Awarding and Purchase Agreement
11.1 The Purchase Agreement is established by Allotment/Awarding. With the Allotment/Awarding, the Seller (through Troostwijk, acting on behalf of the Seller on the basis of a power of attorney) accepts the Bid of the User.
11.2 Within 48 hours after the closure of the Auction (excluding Saturdays, Sundays, and public holidays recognized in the Netherlands), the Buyer will receive a confirmation of the Purchase Agreement from Troostwijk on behalf of the Seller(s). This confirmation includes instructions for the User to pay the Purchase Price. If the User does not receive a confirmation within this period, it means their Bid has not been allocated. Troostwijk may award a Bid on behalf of the Seller under suspensive or resolutive conditions
11.3 If the Seller is a Trustee the Purchase Agreement will be concluded under the resolutive condition that the bankruptcy judge grants permission for the conclusion of the Purchase Agreement.
11.4 Each User submitting a Bid shall be deemed to do so on its own behalf and shall be personally bound by its obligations under the Purchase Agreement.
11.5. The Purchase Agreement is concluded exclusively between the Seller and the Buyer. Troostwijk is not a party thereto and acts solely as an intermediary in the realization of the Purchase Agreement.
11.6 The Purchase Agreement consists of the description of a Lot (condition, particulars, restrictions), what is published on the Platform such as Specific Auction Terms and Conditions and, insofar as the Specific Auction Terms and Conditions do not deviate from these General Terms and Conditions.
11.7 If a sale occurs outside of an Auction, the Purchase Agreement is formed when Troostwijk accepts the User’s Bid on behalf of the Seller. Articles 13 to 20 of these General Terms and Conditions also apply to such a sale. Since this type of sale is not a remote purchase, the Buyer has no legal right of withdrawal.
Article 12. Right of withdrawal
12.1 By default, every Auction is a considered a Public Auction, as a result of which the right of withdrawal does not apply. However, if the Auction is not a Public Auction and is not a Foreclosure sale, a Buyer who is a natural person and not acting in the course of a profession or business, has the right to revoke the Purchase Agreement within 14 days after purchasing a Lot, without providing any reason. In such cases, Articles 6:230o to 6:230s of the Dutch Civil Code apply.
12.2 To exercise the right of withdrawal, the Buyer must submit a clear written statement to Troostwijk within the specified 14-day period, explicitly declaring their decision to dissolve the Purchase Agreement.
12.3 If the Buyer exercises the right of withdrawal, he shall bear all the costs associated with returning the Goods. The Buyer must return the Lot to Troostwijk or the Seller as soon as possible, but at the latest within 14 days after the day following the declaration mentioned in article 12.2, in accordance with the instructions provided by them.
12.4 During the reflection period, the Buyer must handle the Lot with care. The Buyer is liable for any decrease in the value of the Lot resulting from careless handling.
Article 13. Buyer's obligation to pay
13.1 After the Allotment/Awarding, Troostwijk sends a notice to the Buyer indicating that the Buyer must proceed with payment of the Purchase Price. The Buyer is obliged to pay the full Purchase Price within 48 hours after sending this notice. Payment must be made in euros or in another currency designated by Troostwijk. The Buyer can only fulfil their payment obligation by paying the full amount to both the Seller and Troostwijk. After payment, the Buyer receives an invoice detailing the Buyer's amount due to Troostwijk and the amounts due to the Seller, plus VAT.
13.2 Upon Troostwijk’s request, the Buyer must provide security (for the benefit of the Seller) for the fulfilment of his payment obligation.
13.3 If the Buyer fails to pay on time, he is in default vis-à-vis both Troostwijk and the Seller. After expiry of the period mentioned in the fourteen-day letter, Troostwijk and the Seller are each separately entitled to compensation of the reasonable collection costs in accordance with the legal regulation on standardization of collection costs.
13.4 Article 13.3 does not apply to Buyers who are not natural persons or who act in the course of a profession or business. In such cases, the Buyer is automatically in default towards both Troostwijk and the Seller for late payment, and both parties are separately entitled to compensation for reasonable collection costs, as per legal regulations.
13.5 At an Auction, the Buyer must take into account Specific Auction Conditions and costs and taxes payable by the Buyer on top of the Bid, such as transfer tax, turnover tax, property tax (OZB), costs for the deed of transfer, financing costs, levy of (residual) BPM (car), costs for waste disposal and administration costs. These costs do not form part of the Bid, but are payable in addition by the Buyer (to the Seller).
13.6 The Buyer waives any right to suspend its payment obligation and/or any right of set-off.
Article 14. Purchase
14.1 As soon as the Buyer has fulfilled all his payment obligations, he can collect the purchased Lot(s) at the time and place determined by Troostwijk, on presentation of a valid identification document (the Collection). The Buyer is obliged to complete the Collection no later than the date specified by Troostwijk. Troostwijk may determine that certain Lot(s) can only be collected after other Lot(s) have first been taken.
14.2 The Buyer is solely responsible for the correct and timely Collection of the purchased Lot(s). Troostwijk and/or the Seller are responsible for the organisation and coordination of the timing of the Collection of a Lot sold by the Seller.
14.3 The Buyer, or a third party engaged by him, is obliged to carefully inspect the purchased Lot(s) upon Collection. Any defects or discrepancies must be reported in writing to Troostwijk immediately after discovery. If the Buyer fails to do so, the consequences are for his account. At Collection, the Buyer accepts the Lot in the condition in which it is. Troostwijk and/or the Seller are not liable for damage during transport caused by the Buyer or a third party engaged by him.
14.4 If the Buyer refuses Collection or is negligent in providing information or instructions necessary for Collection, Troostwijk and/or the Seller is entitled (but not obliged) to store the Lot or Lots at the Buyer's expense and risk. The Buyer must reimburse all costs incurred, including administrative, storage and insurance costs, with a minimum of € 350 before taking possession.
14.5 If the costs mentioned in 14.4 exceed the total amount of the invoice for the Lot(s), the Purchase Agreement will be dissolved and the Buyer's right to the Lot(s) will lapse. Seller and/or Troostwijk, as Seller's agent, shall, in addition to the right of dissolution, also be entitled to compensation for the damage caused by the Buyer.
14.6 In case of a foreclosure sale (as referred to in Article 9.1), if the Buyer fails to complete the Purchase on time or is negligent in providing information or following instructions, he will be in default vis-à-vis the Seller. The Seller and/or Troostwijk are in such cases entitled to credit the Lot and to remove it at the Buyer's expense and risk, with the costs being deducted from the credit. If the disposal costs exceed the invoice amount, the Buyer will not receive a credit.
14.7 The Buyer is responsible for compliance with all laws and regulations relating to the export of a Lot to another EU or non-EU country, including taxes, duties and required documentation. If a Lot is to be transported, it is the Seller and Buyer who must be recorded on the underlying transport documents or customs documents as consignor or consignee of a Lot respectively, and not Troostwijk.
14.8 The actual delivery, transfer of ownership and transfer of risk of the Lot(s) takes place at the time of Collection.
14.9 The Buyer is at his own expense and risk responsible for the professional and safe dismantling of the Lot(s). Dismantling of Goods attached to Lots not bought by the Buyer is only allowed with the explicit written permission of Troostwijk and/or the Seller. The Buyer is liable for damage caused during Collection and indemnifies Troostwijk and/or the Seller for claims by third parties.
14.10 The use of a fork-lift truck or other aids in moving or loading a Lot requires explicit permission from Troostwijk and/or the Seller. The Buyer must comply with relevant laws and regulations, such as the Machinery Directive 2006/42/EC, the Commodities Act Decree on Machinery, the Working Conditions Decree and the NEN-EN standards. The Buyer must also have valid liability insurance for the forklift and is responsible for safe use at all times.
14.11 If a Lot cannot be delivered because of claims by third parties or because the Collection would cause unacceptable damage to buildings or grounds, Troostwijk is entitled to dissolve the Purchase Agreement on behalf of the Seller. This will be communicated to the Buyer by email and/or registered letter, after which Troostwijk and/or Seller are only obliged to refund the amounts already paid by the Buyer.
14.12 If the Buyer has purchased a Lot that hinders the collection of other Lots, he is obliged to collect this Lot immediately after an email or written request from Troostwijk. In case of negligence, Troostwijk may have the collection and possible storage carried out by third parties at the Buyer's expense and risk.
14.13 Troostwijk is not responsible for the removal or disposal of waste at the pick-up location as a result of the Take-up. The Buyer is responsible for this unless he has expressly instructed Troostwijk to take care of this against payment and Troostwijk has accepted this instruction.
14.14 A Buyer who enters buildings and grounds for Collection does so entirely at his own risk. The Buyer is obliged to follow all instructions of Troostwijk, the Seller and/or third parties engaged by them. Troostwijk and the Seller are not liable for damage suffered by the Buyer when entering buildings and grounds during Collection.
Delivery lots
14.15 If agreed in writing, the Collection of a Lot may take place via delivery by the Seller or a carrier engaged by the Seller to the Buyer’s address. In such cases, the risk associated with the Lot(s) transfers to the Buyer at the time of delivery
14.16 Delivery is made up to the first threshold of the first door or to the nearest accessible location where the carrier can reach the ground floor using a pallet truck. Delivery over gravel, thresholds, grass, or unpaved paths is not possible.
14.17 An agreed delivery time is not a strict deadline, unless explicitly agreed otherwise in writing. The Seller is allowed to deliver the Lot(s) in parts.
Article 15. Force majeure
15.1 A shortcoming cannot be attributed to the Seller if it is not caused by the Seller’s fault and is not the Seller’s responsibility under the law, a legal act, or generally accepted practice. Additionally, both the Buyer and the Seller have the right to dissolve the Purchase Agreement via a written statement or email to the other party if, before delivery or Collection of a Lot, circumstances arise that make delivery or Collection impossible due to force majeure affecting the Seller or a third party engaged by the Seller. Examples include fire, theft, pandemics, or damage caused by natural disasters. In such cases, the Seller’s liability is limited to the reimbursement of amounts already received in connection with the relevant Lot, with no further obligations to the Buyer.
Article 16. Guarantees - Claims - Indemnities
16.1 Troostwijk and/or Seller give no guarantee with respect to the Lot(s) and any claims of third parties except insofar as mandatory law provides otherwise. The Buyer waives all rights that do not accrue to the Buyer under mandatory law.
16.2 Lots are sold and delivered in the condition they are in at the time of Collection, including all visible and invisible defects. Troostwijk and/or the Seller give no guarantee with regard to (i) the completeness, documentation or numbers of the Lot(s), (ii) the functioning, usability or saleability of the Lot(s), (iii) the existence or non-existence of rights or claims of third parties and (iv)the possibility of transferring the Lot(s) to third parties. If and to the extent that mandatory law prescribes statutory warranty, this shall remain unaffected by it.
16.3 Defects, of whatever nature, as well as disappointed expectations of the Buyer and/or acquiring third parties with regard to the Lots do not entitle the Buyer to (damage) compensation or set-off, unless mandatory law provides otherwise. The Buyer is deemed to have carefully inspected the Lot prior to purchase and accepts the Lot in its actual condition. In the event of a consumer purchase, mandatory law shall remain fully applicable.
16.4 If a third party claims rights to a Lot based on (intellectual or other) property rights, such as retention of title or other rights pursuant to Articles 3:166-200, 3:201-226, 3:290-295, 6:52-57, 6:271 (after dissolution pursuant to Article 6:265) and/or 7:39-44 of the Dutch Civil Code, or similar rights, the Buyer is obliged (i) to hold the relevant Lots on behalf of those third parties and (ii), to surrender the Lot to the entitled party at Troostwijk's first request or to make other appropriate arrangements with the entitled party. If the Buyer returns the Lot undamaged and at Troostwijk's first request, he is entitled to a refund of the Purchase Price paid for that Lot. In that case, the Purchase Agreement in respect of the Lot is considered dissolved. Troostwijk and/or the Seller are not obliged to pay any compensation to the Buyer.
16.5 The Buyer indemnifies Troostwijk and/or the Seller at first request against all claims of third parties arising from the Purchase Agreement between the Seller and the Buyer.
Article 17. Rules for Foreign Trade
17.1 The Buyer must comply with all national and international laws and regulations regarding foreign trade.
17.2 The Buyer guarantees that they are not listed on EU sanction lists. Furthermore, the Buyer shall not sell, transfer, or otherwise make available the Lots purchased via the Platform to persons or entities that are listed on such sanction lists.
17.3 The Buyer shall not use or make the Lots available for any of the following purposes outside the European Union:
(a) For use in the development, production, handling, operation, maintenance, storage, detection, identification, or distribution of chemical, biological, or nuclear weapons or other nuclear explosive devices, or for the development, production, maintenance, or storage of missiles capable of delivering such weapons.
(b) For military end use if the purchasing country or the country of destination is subject to an arms embargo imposed by a decision or common position of the Council, a decision of the Organization for Security and Co-operation in Europe (OSCE), or an arms embargo under a binding resolution of the United Nations Security Council. "Military end use" includes:
The processing of the Lots in military goods listed on the sanction list of EU member states.
The use of production, testing, or analytical equipment, and parts thereof, for the development, production, or maintenance of military products listed on the sanction list of EU member states.
The use of unfinished products in a factory for the production of military products listed on the sanction list of EU member states.
(c) For use as parts or components of military products listed on a national sanction list that have been exported without a permit or in violation of applicable laws and regulations.
17.4 Buyers in regions where restrictions apply to the trade of certain goods may not purchase Lots via the Platform that fall under such restrictions.
17.5 Buyers may not directly or indirectly sell, export, or re-export Lots purchased via the Platform to regions subject to trade restrictions based on sanctions imposed by competent authorities.
Article 18. Dissolution of Purchase Agreement
18.1 The Seller has the right to cancel the sale of a Lot and to dissolve or terminate the Purchase Agreement in whole or in part by means of a written declaration by Troostwijk (on the basis of a power of attorney) or by the Seller himself. In that case, the Seller does not owe any (compensation) to the Buyer and retains the right to sell the Lot immediately to one or more third parties. This applies without prejudice to the Seller's right to (additional) compensation in the following situations:
Buyer's default: The Buyer fails to perform the Purchase Agreement if the Buyer fails to perform an obligation under the Purchase Agreement and default occurs, or performance is temporarily or permanently impossible. This will be the case, inter alia, if one of the following situations occurs:
- Failure to pay (in full) the Purchase Price, or failure to do so on time.
- Failure to Collect Lot or failure to collect the Lot within the specified time.
- Failure to provide necessary information or documentation for Collection.
- Failure to provide (adequate) security for fulfilment at first request.
Well-founded fear of non-fulfilment: If the Seller and/or Troostwijk have reason to that the Buyer will not (be able to) fulfil his obligations.
Insolvency proceedings: In case of (application for) bankruptcy, suspension of payments, statutory debt restructuring, (application for) WHOA proceedings or other similar insolvency proceedings of the Buyer.
Unforeseen circumstances: If circumstances arise regarding persons or materials engaged by the Seller or Troostwijk for the execution of the Purchase Agreement, and these circumstances make the execution impossible or unreasonably burdensome and/or costly.
Danger or damage on removal: If a third party has an interest in the careful removal of a Lot and Troostwijk or Seller considers that removal by the Buyer may cause damage to the building or cause permanent damage.
Impossibility to Purchase: If circumstances arise before Collection such that Collection of a Lot is no longer possible.
Force majeure: In case of force majeure on the part of the Seller or Troostwijk, such as (but not limited to) fire, theft, damage by natural forces, strikes, war, pandemics or government measures.
18.2 After the transfer of ownership of the Lot, the Buyer cannot rescind or annul the Purchase Agreement, unless mandatory law provides otherwise.
18.3 If the Purchase Agreement is terminated or dissolved as stipulated in Article 18.1, the Buyer remains fully obliged to pay the Buyer’s Premium to Troostwijk. In addition, the defaulting Buyer owes Troostwijk and/or Seller a fixed amount of 25% of the winning Bid to cover administrative, storage, insurance and transport costs, as well as other reasonable costs. This is without prejudice to the Seller's right to claim full damages.
Article 19. Liability
19.1 Without prejudice to the provisions in article 6:89 and article 7:23 of the Dutch Civil Code, every right of claim of the Buyer towards Troostwijk and the Seller lapses four weeks after taking delivery of the Lot(s) or after the Lot(s) has been made available to the Buyer.
19.2 If and insofar as liability of Troostwijk and/or the Seller remains after application of these General Terms and Conditions and (if applicable) the Specific Auction Terms and Conditions, the following applies:
The liability of Troostwijk and/or the Seller is limited to the amount paid by their liability insurance in the case in question.
If the insurance does not pay out, the total liability of Troostwijk and/or the Seller towards the Buyer, User and/or Seller is limited to a maximum of € 5,000 for all individual and joint claims.
19.3 Troostwijk and the Seller are not liable for indirect or consequential damages including, but not limited to, loss of profit, unsaleability of the Lot(s) and business interruption.
19.4 Any liability of Troostwijk in connection with any defect in (a) Lot(s) or in relation to an (alleged) infringement of rights of (intellectual property of) third parties is excluded (unless mandatory law provides otherwise).
19.5 Notwithstanding the above, Troostwijk and the Seller are not liable for:
Damage to persons or Plots arising or caused before the conclusion of the Purchase Agreement.
Damage caused to, by, or in connection with the purchased Lot(s), including the loss or destruction of the Lot(s).Visible and non-visible defects of purchased Lot(s), unless mandatory law provides otherwise.
failure of the purchased Lot(s) to comply with laws and regulations, including European directives and safety regulations.
Damage caused by environmentally harmful or noxious substances in or on the Lot(s)
Damage caused by internet failures during an Auction, including damage caused by computer failures, viruses or other digital problems that prevent bidding.
Damages resulting from incorrect, outdated and/or incomplete information whether or not mentioned on the Platform and/or on websites that can be visited by clicking on links to other websites mentioned on the Platform.
Damage, including any consequential damage, due to the Seller's lack of power of disposition, restricted rights, inability to sell or intellectual property rights of third parties.
19.5 The limitations of liability do not apply if the damage has been caused by intent or conscious recklessness of the Seller and/or Troostwijk, his managers, subordinates or auxiliary persons engaged.
19.6 To the extent permitted by law, the Buyer waives its rights under Title 1 of Book 7 of the Dutch Civil Code.
Other provisions
Article 20. Amendments and operation
20.1 If any provision of these General Terms and Conditions is invalid or is annulled, the remaining provisions shall remain in full force and effect. The void, annulled or otherwise legally unenforceable provision shall be deemed to have been replaced by a provision that is as close as possible in nature and scope to the original intention.
20.2 Troostwijk is entitled to amend these General Terms and Conditions unilaterally. The amended version comes into force for all Auctions and Purchase Agreements that take place or come about after the publication of the amended Terms and Conditions on the Platform.
20.3 Deviations from these General Terms and Conditions are only valid if they are recorded in writing and confirmed by an authorised representative of Troostwijk.
Article 21. Applicable law
21.1 Dutch law applies exclusively to these General Terms and Conditions, the User Agreement, the Purchase Agreement and other legal relationships arising in connection with an Auction, with the exception of the Vienna Sales Convention.
21.2 The Dutch text of these General Terms and Conditions applies as the original and leading version. If the General Conditions are used in multiple languages, the Dutch text shall prevail in the event of any ambiguities or contradictions.
21.3 All disputes arising from or relating to these General Terms and Conditions, the User Agreement, the Purchase Agreement or other legal relations relating to the Auction shall be submitted in the first instance exclusively to the District Court of Amsterdam, without prejudice to the possibility of an appeal and any mandatory statutory provisions to the contrary.
Do you have questions about the General Terms and Conditions for Buyers of TroostwijkAuctions.com? If so, please contact us at info@troostwijkauctions.com
Version d.d. February 2025
