User terms
User Terms of Troostwijk Platform
These user terms (the "User Terms") apply to all use of the website www.troostwijkauctions.com and the Troostwijk app and the underlying systems (the "Platform"), to all services offered by Troostwijk and to all agreements entered into by Troostwijk for the use of the Platform and the services. If you use the Platform, you agree to these User Terms.
Article 1. Definitions
1.1 Unless otherwise indicated, the User Terms shall mean:
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;
Auction: an online auction via the Platform for the sale of a Lot, which includes a Public Auction;
Auto Bid: a Bid in which the User indicates the maximum price they are willing to pay for a Lot. Following an overbid by a third party, the Platform's auction system will then automatically place the minimum possible higher Bid in the User's name, as long as the maximum indicated by the User has not been reached. The User can only cancel this systematic action in the interim by placing a Static Bid which is the highest Bid at that time;
Bid: any amount bid by the User in an Auction on the Platform via its Account for a Lot, to be increased by, among other things, the auction fee and VAT, being an irrevocable offer by the User to purchase the Lot for the amount bid;
Goods: one or more goods within the meaning of Article 3:1 of the Dutch Civil Code;
Lot(s): one or more Goods to be auctioned individually or jointly, under one lot number at the Auction;
Notary: the supervising notary specifically for Dutch auctions who, on the basis of the bid log, checks in retrospect (by random sampling) whether the Auctions have been conducted in the manner described in the User Terms, the Terms and Conditions for Buyers and the Specific Auction Terms and Conditions, currently Mr. J.C. Verburg, or his deputy, associated with Pillar notarissen B.V;
Personal Data: the data provided by the User that can be traced back to his/her person, which in any case should be understood to mean his/her name, address, place of residence and e-mail address;
Platform: the website www.TroostwijkAuctions.com;, the Troostwijk app and the underlying systems.
Public Auction: a Dutch Auction conducted by an auctioneer and under the supervision of the Notary or bailiff, in which the Buyer can be present at the Auction in person or has the opportunity to do so within the meaning of Article 6:230g paragraph 1 under j of the Dutch Civil Code, in which the User undertakes with the Bid to purchase the Lots if a purchase agreement is concluded through allotment;
Registration: the registration of a natural person for themselves or a natural person acting on behalf of a legal entity on the Platform for the creation of an Account;
Seller: the one who offers one or more Lots for Auction for sale;
Specific Auction Terms and Conditions: the terms and conditions in addition to, supplementary to, or in derogation of, the Terms and Conditions for Buyers that govern participation in a specific Auction, as stated on the Platform for the Auction in question;
Static Bid: a Bid by the User in the form of a fixed amount for a Lot;
Subscription: the registration by the User for a Lot, by which the User informs Troostwijk of his intention to place a Bid on a Lot, whether or not in combination with the payment of a subscription amount determined on the Platform, after which Troostwijk can give the User the opportunity to place a Bid on a Lot;
Terms and Conditions for Buyers: the document containing the general conditions that, in addition to the User Terms, apply to the legal relationship between Buyers and Troostwijk. The Terms and Conditions for Buyers also apply to the legal relationship between Buyers and Seller in the event a purchase agreement is established through the Platform;
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 and having its registered office in Amsterdam, and/or its subsidiary or sister company(ies);User: the person who, through Registration, has created the Account to use the Platform, to participate in the Auction, among other things;
User Terms: this document containing the terms and conditions for the use of the Platform, including participation in the Auction;
1.2 Definitions may be used in singular or plural without loss of substantive meaning.
Article 2. General
2.1 Troostwijk is an intermediary, operating an online auction platform to sell Lots either through bidding or privately, in the name and for the account and risk of Sellers. Troostwijk is not a party to the agreement reached between a Seller and a User.
Article 3. Account
3.1 Only Users who are 18 years of age or older can create an Account on the Platform through Registration. When creating an Account, Users must fill in the correct Personal Data, such as a correct name, address, VAT number and other requested data. Additional address, personal, and/or bank verification may be part of the Registration. Troostwijk reserves the right to refuse and/or unilaterally terminate a Registration.
3.2 The Account comes about through Registration on the Platform, after which Troostwijk confirms the Registration to the User by email at the email address supplied by the User and creates an Account. The Account enables the User, among other things, to follow the progress of the Auctions through the Platform and to place a Bid on a Lot in an Auction. The Account is not transferable for a User.
3.3 Troostwijk confirms the Registration by email to the User at the email address supplied by the User, after which the User can gain access to the Auction through his Account using the chosen password. After gaining access to the Platform, the User is obligated to behave properly and not to cause any damage to the Platform or other users thereof. The User is liable for all actions that take place on the Platform after gaining access to it with the help of the User's password or the Account's authorization key.
3.4 The User guarantees the accuracy and completeness of the Personal Data provided during the Registration. Should the Personal Data change at any time, the User is obliged to inform Troostwijk immediately of such change(s).
3.5 The User's username and password are strictly personal and may not be transferred by the User to third parties. The User is liable for and bound to all actions that take place concerning an Auction and that arise from the use of the password and/or user name, also in case of misuse by a third party. If the User fears that someone else knows his password, the User must inform Troostwijk immediately and the User will enable Troostwijk to block his Account. The User indemnifies Troostwijk and compensates her for all damage arising from misuse and/or use of the User's Account.
3.6 Troostwijk records the Personal Data obtained by it in an administration kept for that purpose. By Registration on the Platform, the User gives permission for the use and storage of the Personal Data registered. Its privacy statement (https://www.troostwijkauctions.com/en/privacy-cookie-statement) explains how Troostwijk handles the protection of Personal Data when using the Platform. Users are not permitted to collect Personal Data from other Users and/or to approach other Users for offering their own products and/or services.
3.7 By (one-time) Registration, the User accepts these User Terms for each time the User logs on to the Platform and makes bids or not.
Article 4. Safe use of the Platform
4.1 Troostwijk makes every effort, insofar as this can reasonably be expected of it, to secure its Platform against loss of data and/or against any form of unlawful use and takes the appropriate technical and organizational measures to that end.
4.2 Troostwijk cannot guarantee that the Platform (and related services) will always meet the expectations of Users. Neither can Troostwijk guarantee that the Platform functions without error and/or that continuous and/or safe access to the Platform or parts thereof can be obtained.
4.3 The Users are forbidden to reproduce the Platform or any part thereof or to make it available (by deeplinking or otherwise) without prior written permission from Troostwijk.
4.4 Troostwijk is not liable for loss of data, damage to files, unlawful access to computers or files, viruses or other unlawful programs or files spread via the Platform, or any other consequence of use of the Platform.
4.5 The User is not permitted to display (hyper)links on the Platform unless prior written permission has been obtained from Troostwijk. Troostwijk has no authority over the content of such (hyper)links and is not liable for the same.
4.6 In order to experience optimal operation of the Platform, Users must at all times use the latest updated version of the Platform, more specifically the Troostwijk app. This includes that Users must update the Troostwijk app to the latest version. Troostwijk will remind Users to update the Troostwijk-app and is not liable for damages resulting from the use of outdated version of the Troostwijk-app.
4.7 All intellectual property rights relating to the Account and the Platform, including the development thereof and the database of Lots, belong exclusively to Troostwijk. The User only has a limited, non-exclusive, non-(sub-)licensable and non-transferable right to use the Account and the Platform. The User's right to use the Account and the Platform can be terminated by Troostwijk at any time. Troostwijk can also set further conditions to the User's right of use.
4.8 The Platform, the Account and all applicable functionalities are offered 'as is'. Troostwijk offers no guarantee as to the preservation or unchanged nature of certain functionalities of the Platform or the Account. Troostwijk will resolve any defects with respect to the Platform and the Account as soon as possible. Troostwijk has at all times the right, without prior notice, to put the access to the Account and the Platform (temporarily) out of operation or to limit the use thereof, insofar as this is necessary for maintenance, or in order to implement updates, releases, adjustments or improvements. This never entails a right to compensation or damages for the User towards Troostwijk.
4.9 Troostwijk has no general obligation to proactively monitor Content posted by Users for legality or compatibility with the rights of third parties, the terms and conditions of Troostwijk or the policies of Troostwijk. Troostwijk is nevertheless entitled to carry out voluntary checks on its own initiative in order to detect illegal or infringing content, determine it and take appropriate measures in accordance with Article 6 of these User Terms.
4.10 Troostwijk uses both human evaluation and automated systems to ensure that the Platform remains safe, transparent and clean of illegal lots and Users bidding with no intention of purchasing a lot. This involves identifying lot descriptions that clearly violate the law and/or the User Terms and looking at the bidding behavior of Users. In addition, Troostwijk maintains partnerships with authorities to reduce the trade in prohibited products and to combat scams and fraud.
Article 5. Participation in an Auction
5.1 Participation in an Auction is not permitted if the User is not authorized to perform legal acts or if the User is incapacitated.
5.2 The User may submit a Bid for a Lot on the Platform through their Account. Every valid Bid placed during the Auction is unconditional, irrevocable (binding) and without any reservation. During the Auction there is only a valid Bid if the Bid is registered by the server of Troostwijk. All Bids and relevant transaction data registered by the aforementioned server are automatically stored in the bid log. In determining the validity of a Bid placed, the bid log, to the exclusion of any other alternative means of proof, shall be decisive.
5.3 A Bid must be made in the manner indicated by Troostwijk on the Platform. The Auction is conducted by Static Bid, Auto Bid or Tender.
5.4 It is possible that Troostwijk requires Users to pay a deposit of at least EUR 200 in order to be able to participate (further) in an Auction. In this way Troostwijk ensures that only serious bidders participate in the Auction. The deposit is automatically returned to the Users within 60 days provided that the Account is not blocked. Users can request an earlier refund of the deposit if the applicable conditions are met. These conditions can be found at https://service.troostwijkauctions.com. Troostwijk may also ask for further address, personal and/or bank verification.
5.5 Troostwijk uses its bid log to determine the winning bidder. If there is a discrepancy between the bid log and other online data or messages on the Platform or otherwise, the bid log prevails. Troostwijk and/or the Seller of the Lot, is entitled not to accept a Bid without giving reasons.
5.6 Auctions may be under allocation. This means that within 48 hours after the close of the Auction, the Seller will determine whether the Lots will be sold to the highest bidder. No sale will occur if the Seller does not allocate the Lots to the highest bidder.
5.7 Sellers have the option to set a reserve price for Lots. This reserve price represents the lowest price at which Sellers are willing to sell Lots during the Auction. At the end of an Auction, the Lots will be sold to a bidder whose Bid is equal to or higher than the reserve price. If the reserve price is not reached, the Lots will be sold to the highest bidder if the Seller decides to allocate the Lot to the highest bidder even if the reserve price is not met.
5.8 Troostwijk reserves the right to cancel, terminate (earlier than stated on the Platform) or extend an Auction. In case of a technical malfunction of the Platform, due to which it is not fully accessible and/or not accessible to all Users, Troostwijk has the right to extend the Auction by 24 hours or cancel the Auction. If the Auction is cancelled or extended following an error or dispute regarding bidding, Troostwijk will notify the highest bidder as soon as possible.
Article 6. Reports of violations and measures
6.1 When using the Platform, all Users must comply with both the law and the User Terms. If Users wish to report illegal, infringing, offensive content or other problems about Lots, Troostwijk requests them to send an email to info@troostwijkauctions.com. Complaints about scams can also be reported through this mail address.
6.2 If Troostwijk receives indications from Users, third parties or for other reasons believes that a particular User does not comply with the law and/or the User Terms, Troostwijk reserves the right, if necessary for the safety and protection of the Platform, to take measures. Troostwijk can also take such measures if a User uses the Platform in an unreasonable manner, such as causing hindrance or damage by, among other things, placing bids without the intention of purchasing the Lots. In some cases Troostwijk can take these measures without prior warning to the User. The measures to be taken by Troostwijk can include:
A warning to the User
Removing bids, lots or other content that violates applicable laws
Excluding (temporarily or otherwise) a User from the Platform or limiting certain functionalities for this User. This may include: suspending the Account of the relevant User and limiting the ability to write Lots
The suspension of obligations of Troostwijk towards the User and (dis)payments to which the User is entitled temporarily block (whether or not with the help of its payment service provider) as long as the User does not meet an obligation from these User Terms after Troostwijk has pointed this out.
6.3 The specific measures taken by Troostwijk in a particular case and the duration of these measures depend on the actual circumstances. Among other things, Troostwijk takes into account the number of times that a User has placed illegal content, the nature of the illegal content, its consequences and the intention behind the placement of content. In the case of bidding by a User without the intention of purchasing lots, when taking measures the circumstances under which bids have been placed, the intention behind the bids and the consequences of these bids for other Users will also be taken into account.
6.4 In the context of the aforementioned measures, Troostwijk can process the personal data of those involved. If necessary, Troostwijk can pass on Personal Data of those involved within the limits of the law, for example to the police and other (government) agencies.
Article 7. Notarial supervision
7.1 The Dutch Auctions organized by Troostwijk are under notarial supervision of the Notary. In order to carry out this supervision, the Notary, to the exclusion of any other party except Troostwijk, has access to the bid log of Troostwijk at all times.
7.2. The Notary can view the bidding history of all Users and all Auctions in the bid log at any time. Based on the bid log, the Notary verifies retrospectively (randomly) whether the bidding process of the Auction was conducted with integrity, transparency and in accordance with the provisions of the User Terms and Conditions, the Terms and Conditions for Buyers and the Specific Auction Terms and Conditions.
7.3 The Notary, its employees and Pillar notaries B.V. cannot be held liable, barring gross intent or gross negligence, for any loss, damage or disadvantage arising directly or indirectly from or related to: (i) the operation of the Platform, (ii) the accuracy and/or completeness of the content of any information provided by them, whether or not in the context of an Auction, in writing or orally or otherwise consciously or unconsciously to Users or third parties and (iii) the actions, acts or omissions of Troostwijk and Sellers.
Article 8. Liability
8.1 By his Registration, the User declares himself acquainted with and in agreement with the special circumstances of an internet auction and with the technical imperfections that can arise. Troostwijk hereby excludes all liability for any damage whatsoever, direct and/or indirect, arising in any way, including but not limited to damage arising from the use of the Platform, unless there has been deliberate or conscious recklessness on the part of Troostwijk. More specifically, Troostwijk accepts no liability for any damage whatsoever that arises in any way from and/or results from:
actions performed by the User, allegedly prompted by information posted on the Platform;
inability to use the Platform (fully) and/or any other malfunction of the Platform, including the underlying system;
continuing to use an older version of the Troostwijk app (application) after the User has been requested to update it;
Failure of the Lots to meet the specifications as stated on the Platform;
the fact that information on the Platform is inaccurate, incomplete or not current;
errors in Platform software, including the underlying system;
The unlawful use of systems, including the Platform of Troostwijk by a third party;
A measure taken by Troostwijk with respect to a User and/or a Lot.
8.2 Troostwijk and the Seller strive for the greatest possible accuracy and clarity of the description of a Lot on the Platform, in auction catalogs, other auction brochures, advertisements and the like, without accepting any liability for damage arising from incorrect or incomplete descriptions or other damage.
8.3 The liability of Troostwijk, if and insofar as, after application of the other stipulations in these User Terms and Conditions and (if applicable) the Terms and Conditions for Buyers, there remains any remaining liability, will always be limited to the amount claimed by the liability insurance of Troostwijk in the case in question. In case the liability insurance of Troostwijk does not pay out, the liability of Troostwijk is limited to € 5,000.
8.4 Troostwijk is not liable for indirect damage or consequential damage. Furthermore, any liability of Troostwijk in connection with any defect in the Lot(s) or in connection with (alleged) infringement of the rights of (the intellectual property of) third parties is excluded.
8.5 When engaging third parties, Troostwijk will always exercise due care. If applicable, Troostwijk will conclude a processing agreement with these third parties. Troostwijk is not liable for possible shortcomings of these third parties.
Article 9. Complaint Procedure
9.1 Most answers about the use of the Platform can be found on the Frequently Asked Questions page (https://service.troostwijkauctions.com). If an answer is not listed there, it can be contacted through any of the contact options provided by our various country offices.
9.2 In case Troostwijk takes a measure against a User as referred to in Article 6 of these User Terms, then the affected User can file a complaint via info@troostwijkauctions.com. A User can file a complaint in the following situations:
In case of technical problems.
In case of disagreement with a decision by Troostwijk whether or not to take action regarding a specific Auction and/or Lot, because the Auction and/or Lot information contains illegal content or violates the User Terms.
In case of alleged violation of the Platform-to-Business Regulation (2019/1150), if applicable.
For other actions or behaviors of Troostwijk that significantly affect the User.
9.3 A complaint as mentioned in paragraph 2 can be filed within 6 months after Troostwijk has informed a User of the decision taken. Complaints concerning a shortcoming in the services of Troostwijk must be filed in a timely manner after discovery, whereby a period of 2 months is considered timely in any case.
9.3 Complaints must be described fully and clearly. Troostwijk will handle complaints carefully and promptly and will strive to respond within 14 days of receipt of the complaint.
9.4 If no solution is found to the complaint through our complaints procedure, the User has the option of submitting the complaint to other bodies. A dispute can be submitted to the Thuiswinkel Business Disputes Committee according to the applicable regulations and conditions. In addition, a request can be submitted via the European ODR Platform to resolve a dispute. The use of this complaints procedure does not affect a User's right to submit a dispute to the competent court.
Article 10. Adjustments and operation
10.1 If and insofar as any provision of the User Terms is void or annulled, the other provisions of the User Terms will remain in full force. Troostwijk will then determine a new provision to replace the void/annulled provision, taking into account as much as possible the purpose of the void/annulled provision.
10.2 Troostwijk can declare the Terms and Conditions for Buyers and Specific Auction Terms and Conditions applicable to an Auction, in addition to the User Terms. These Terms and Conditions for Buyers and Specific Auction Terms and Conditions must be accepted digitally by the User before placing a Bid. In case of conflict between them, the provisions of the Specific Auction Terms and Conditions prevail over the provisions of these User Terms and the Terms and Conditions for Buyers.
10.3 Deviations from the Terms of Use are only possible insofar as this has been recorded in writing by Troostwijk.
10.4 Troostwijk reserves the right to change the User Terms unilaterally.
Article 11. Applicable law
11.1 Dutch law applies to the User Terms and the legal relationships that arise in connection with the Auction.
11.2 The Dutch text of the User Terms is the original text. In case the User Terms are used in multiple languages, the Dutch text shall therefore prevail in case of ambiguities or contradictions.
11.3 The District Court in Amsterdam is (without prejudice to the possibility of appeal and without prejudice to legal provisions to the contrary) with the exclusion of any other authority competent to decide in disputes arising from the User Terms.
Do you have questions about these User Terms and the use of our Platform?
Please contact us at info@troostwijkauctions.com.
