Rules and conditions

Auction Conditions with VDI Auctions, hereinafter referred to as ‘VDI Auctions’

Article 1. General Provisions
Article 2. Registering
Article 3. How does the auction work?
Article 4. How is an agreement established?
Article 5. What may VDI Auctions do?
Article 6. How is delivery done?
Article 7. What are your obligations?
Article 8. What are the costs of VDI Auctions?
Article 9. You have the possibility of checking the lot
Article 10. How do you pay VDI Auctions?
Article 11. When and how does an agreement end?
Article 12. How do you use the Internet site?
Article 13. When is there force majeure and what are its consequences?
Article 14. Guarantees, claims and safeguards
Article 16. Amendment of these conditions
Article 17. Complaints and disputes
Article 18. Applicable law

Article 1. General provisions
1. These general provisions shall apply to any auction held by VDI Auctions and all (legal) actions stemming from the relationship between purchasers and users of the website (, on one hand, and VDI Auctions on the other hand.
2. Your conditions are absolutely not applicable.
3. Should a provision in these general conditions be void or annulled, the remaining provisions shall remain valid. You shall have to agree to new provisions. These shall have to correspond to the extent possible with the old or nullified provisions.

Article 2. Registration
1. You must be an adult. You may only participate in the auction after registering on the website of VDI Auctions. By registering you give permission for your personal information to be used.
2. You must fill in the information completely, correctly and truthfully. If your information changes, you must inform VDI Auctions in writing.
3. Your user name and password are strictly personal and you may not reveal them to anyone else. If you are afraid that someone else may know your password, you must inform VDI Auctions immediately. In that case, VDI Auctions shall block further access so as to prevent any abuse in your name. You always remain liable, including in the event of misuse of your password and/or user name for actions conducted in your name at an auction. VDI Auctions may always require fulfilment of offers made using your password and username.
4. By registering in the manner indicated in this article, you shall have access to an auction and the right to place bids in it. VDI Auctions retains the right to refuse and/or unilaterally terminate registration and participation in an auction, for example when you do not fulfill your obligations under the purchase agreement or these general conditions.

Article 3. How does the auction work?
1. You may bid for one or more lots on the website. Each bid is unconditional, irreversible and without reservations. VDI Auctions has the right not to accept bids without giving any reason for this.
2. If multiple users launch a bid together, they shall be jointly and severally liable for the resulting obligations.
3. The bids shall be exclusive of buyers’ premiums and VAT. Bids shall be made in the form of a fixed amount per lot.
4. The decision of VDI Auctions on what occurs during the auction is binding. VDI Auctions determines whether, in making a bid, the person making the bid has committed such an error that (s) he will not be held to his/her bid.
5. Be aware that this is an auction in which lots are offered at low prices. You purchase the lots at your own risk, with no guarantee and no returns.

Article 4. How is an agreement established?
1. The purchase agreement is established through allocation. Allocation is usually granted to the user who has made the highest bid. However, VDI Auctions may also choose to allocate the lot to someone other than the highest bidder.
2. Within 48 hours after the closure of the auction (Saturdays, Sundays and holidays not included), you shall receive an e-mail from VDI Auctions stating that a purchase agreement has been established. Should you not receive an e-mail within that timeframe, that does not mean that your bid has been rejected. VDI Auctions has the right not to allocate or to allocate under suspensive conditions. If the first tenderer has not paid up his obligations by the established deadline, the second tenderer shall be compelled to accept the allocation.
3. You shall conclude an agreement with VDI Auctions. The consigner of the lot shall, however, be responsible for the fulfilment of the arrangements in this agreement. Should there be problems in the implementation of this agreement, you may hold only the consigner liable for that, and not VDI Auctions.

Article 5. What may VDI Auctions do?
1. VDI Auctions shall have the right to annul the auction, to end an auction earlier or to extend it, for example in the event of a technical breakdown as a result of which the website is not accessible to everyone.
2. VDI Auctions shall be authorized, during the auction and without giving reasons :
a. not to recognize a bid as such;
b. to exclude you from the auction;
c. to combine goods into lots;
d. to split lots and to withdraw lots from the auction;
e. to correct mistakes by VDI Auctions on bids and/or allocations.
3. VDI Auctions may ask you for an advance payment or other form of guarantee before proceeding with delivery.

Article 6. How is delivery done?
1. If you have fulfilled all your obligations (including payment of the full invoiced amount) you must uplift the lots at the time and place that VDI Auctions indicates that they may be uplifted on condition that proper identification, the invoice and, where applicable, the authorization document (if, for example, you have authorized a third party to uplift the lot) are presented.
2. Should you refuse to uplift the lot(s) or if you are negligent in providing information or instructions necessary for the pick-up, or have not paid the purchase amount, VDI Auctions shall have the right to place the lot(s) in storage at your risk for a period of one (1) month or a shorter period that VDI Auctions shall communicate to you. If this timeframe elapses, VDI Auctions shall have the possibility of putting the lots up for auction again. However, VDI Auctions may still, at any time, claim the fulfilment of the purchase agreement and claim from you the damages it may have incurred.
3. It shall be your responsibility to ensure that all requirements are met, for example those related to the export of goods to an EU country or another country. When goods must be transported, it is incumbent upon you to obtain the required tickets and customs documents.
4. The property risk is transferred at the time of allocation. The actual delivery shall be done by pick-up. Pick-up shall only occur if you have paid up in full.
5. If a lot needs to be disassembled, this shall be done at your cost and risk.
6. Should it be impossible to deliver a lot because of third-party liability, VDI Auctions shall be authorized to dissolve the purchase agreement. This shall be done by e-mail sent to the e-mail address provided by you. VDI Auctions only needs to return the purchase amount you paid.

Article 7. What are your obligations?
1. You must provide VDI Auctions, in a timely manner and completely, with all information that VDI Auctions needs to do its work well. You are responsible for the correctness of the information.
2. In the event of a delay in the implementation of the agreement, and if this delay is imputable to you, all resulting costs and damages shall be at your cost and risk.

Article 8. What are the costs of VDI Auctions?
1. In the agreement all costs to be paid by you shall be fixed.
2. All costs are exclusive of VAT and the buyer’s premium of 7.5% unless otherwise agreed. Should you, for example, be required to pay VAT, VDI Auctions shall pass on the VAT to you. VDI Auctions shall be free to add the VAT payable to your account unless you can provide evidence that you are not required to pay VAT. It is for VDI Auctions to judge whether the evidence you provide is conclusive.
3. Should you fail to comply with all your (payment) obligations as per the agreement, VDI Auctions may postpone its obligations until you have complied with all your (payment) obligations.

Article 9. You have the possibility of checking the lot.
1. You shall be given the opportunity to check the property to be bought before the closing of the purchase agreement on the viewing day(s).
2. You shall be obliged to check the purchased lots immediately after receiving them. After the closure of the purchase agreement, you shall assume all risks. This holds as well for theft or damage during transport, for example. You purchase the lots as is where is. You shall be obliged to check the purchased lots immediately after receiving them for their nature and quantity.
3. Should you enter buildings and lands on the viewing day or on pick-up day, you do so completely at your own risk. You are compelled to follow the instructions of VDI Auctions and/or third parties contracted by VDI Auctions so that the safety of all persons present is guaranteed.
4. VDI Auctions is not liable for damage that may stem from entering said buildings and/or lands.

Article 10. How do you pay VDI Auctions?
1. It is your duty to transfer the purchase price, within 48 days after confirmation of the allocation through the sending of the purchase agreement, to an account number to be provided by VDI Auctions. You must pay in euros or in another currency to be indicated by VDI Auctions.
2. For professional parties, if you do not pay within the agreed timeframe you are immediately in default and after the due date of the invoice, interest shall be charged to you. This interest shall be equal to the statutory commercial interest. You must also pay all (extra) judicial collection costs incurred by VDI Auctions. These costs shall amount in any event to 15% of the principal amount, with a minimum of € 150,00.
3. For consumers, if you do not pay within the agreed timeframe, you are in default after you are alerted by VDI Auctions to the overdue payment and you have also received a 14-day deadline within which to pay. If you still have not paid, you legally owe interest and VDI Auctions may charge the incurred (extra) judicial collection costs to you.
4. VDI Auctions shall have the right to claim security from you for the fulfilment of your (payment) obligations. VDI Auctions shall also be authorized to change the payment conditions when it feels that your financial position or your payment history justifies this.
5. VDI Auctions shall accept no payments by letter of credit.

Article 11. When and how do you end the agreement?
1. VDI Auctions may suspend the implementation of the agreement or totally or partially dissolve it, without giving you prior notice thereof, by means of a written statement:
a. If you do not fulfil your obligations under the agreement, for example, not paying on time or not fully, not collecting lots on time and/or not providing the required information for pickup and/or refuse to provide payment security;
b. In the event of bankruptcy, (temporary) automatic stay, placing under guardianship, debt rescheduling or shutdown, liquidation or partial or total transfer of your company, or death.
VDI Auctions does not have to pay any compensation to you and also has the right to claim compensation and/or payment from you. If one of these circumstances occurs, you are immediately in default. VDI Auctions may again put the lot(s) up for auction and have it/them sold.
2. In the event of (partial) dissolution, the buyer’s premium shall not be returned to you. You shall also owe VDI Auctions a fixed amount of 25% of the purchase price to cover administrative costs, storage costs, insurance costs and transport costs. This is without prejudice to the right of VDI Auctions and the consigner to claim full compensation.
3. Professional parties are not allowed to dissolve agreements.
4. The consumer is only allowed to dissolve the agreement when he/she has reimbursed all costs incurred by VDI Auctions and the consigner.

Article 12. How do you use the Internet site?
1. All prices and tariffs mentioned on the Internet site and in e-mails from VDI Auctions are exclusive of VAT and subject to price changes as well as description, programming and typographical errors.
2. Images of products need not always correspond to the appearance of the delivered products. In particular, changes can occur to the appearance and packaging of the products after stock renewals. You may not lodge any complaint about any observed shortcomings if they relate to the abovementioned changes in the product.

Article 13. When is there force majeure and what are its consequences?
1. Force majeure means there are circumstances as a result of which VDI Auctions cannot deliver its services at all, on time or as it should, through no fault of its own. In the event of force majeure, no culpable shortcoming can be attributed to VDI Auctions.
2. Force majeure is, for example: fire, theft, wilful damage, riots, strikes, worksite occupations, interruptions of operations, war, adverse weather conditions, situations of real inaccessibility of the work, changes in instructions, and deficient fulfilment by a supplier of VDI Auctions.
3. In the event of force majeure, VDI Auctions may suspend or (partially) annul the agreement without having to pay any compensation for that.
4. Should the force majeure last for more than 60 consecutive days, you may annul the agreement in writing. VDI Auctions shall not owe you any compensation.

Article 14. Guarantees, claims and safeguards
1. With regard to the lots and any possible third-party liability related to them, VDI Auctions and/or the consigner shall not provide any guarantees of any type whatsoever (for example, with regard to completeness, numbers, performance, usability, saleability, your reason for buying the goods, the existence or non-existence of rights or liabilities of third parties and/or the possibility of transferring the goods to third parties). You renounce all rights that are not yours on the basis of imperative law.
2. VDI Auctions and the consigner shall strive to make the descriptions and photos of a lot on the website as complete, correct and clear as possible. However, they are not liable for damage arising from wrong or incomplete descriptions.
3. The lots are sold in the state in which they are on the date of attribution, with all related advantages and disadvantages. VDI Auctions and/or the consigner shall give no guarantee for visible or invisible defects or in connection with completeness, required documentation, numbers, performance, usability, saleability, the existence or non-existence of rights or liabilities of third parties and/or the possibility of transfer of the goods to third parties.
4. Defects, disappointed expectations on your part and/or on the part of third-party recipients give no right to (damages) compensation and/or settlement. Under no circumstances may you return lots to VDI Auctions.
5. You shall guarantee VDI Auctions and/or the consigner against any liability claim by a third party stemming from the purchase agreement between you and VDI Auctions.

Article 15. Who is liable for what?
1. VDI Auctions provides its services to the best of its knowledge and ability. However,
VDI Auctions cannot guarantee that a desired result will be achieved at a given time.
2. VDI Auctions cannot be held liable for any damage, even if this damage is directly or indirectly
related to a delay or suspension. VDI Auctions is only liable if the damage results from
deliberate or conscious recklessness.
3. Should VDI Auctions be liable, this liability shall be limited to the amount that is paid out per event by VDI Auctions’ corporate liability insurance with regard to such damage. If VDI Auctions’ corporate liability insurance is not disbursed, the liability of VDI Auctions shall be limited to €5,000.
4. Damage such as corporate and or stagnation damage, consequential damage, reduced sales and/or profit, production loss, lack of saleability of lots, or loss of product value shall be excluded from compensation.
5. Any liability of VDI Auctions in connection with any defect of the lots or with regard to (alleged) violation of the (intellectual property) rights of third parties shall be excluded. You acknowledge that with regard to the lot(s) the possibility exists that third parties may have (intellectual property) rights.
6. Should you be held liable by a third party for damage compensation, you may not pass that claim on to VDI Auctions.
7. By registering you declare that you know and agree with the particular circumstances of an Internet auction and the technical problems that can occur in connection therewith. VDI Auctions maintains and puts up information on the website with constant care and attention. However, errors cannot always be prevented. No rights may be derived from information provided on the website. VDI Auctions also excludes any liability for any damage whatever that shall stem from the use of the website, unless it is deliberate or there was conscious recklessness by VDI Auctions. In particular, VDI Auctions shall not be liable for damage resulting from:
a. actions carried out by you and which are revealed by information placed on the website;
b. the impossibility of (fully) using the website and/or another breakdown on the website or its underlying system;
c. non-compliance of the lots with the specifications as mentioned on the website;
d. the fact that information on the website is incorrect, incomplete or not up-to-date;
e. unlawful use of systems, including the website of VDI Auctions, by a third party;
f. actions of a consigner after you have concluded a purchase agreement;
g. temporary unavailability of the website.
8. VDI Auctions shall not be not responsible for your photos, descriptions and other information material published on the Internet site by you or by third parties.
9. VDI Auctions shall not be liable for damage incurred during an Internet auction as a result of computer breakdowns, including hardware and/or software defects and/or breakdowns or viruses spread through the website or other illegal programmes or files.
10. Any liability of VDI Auctions shall lapse if you do not appeal against the defect within a year after the product is delivered.

Article 16. Amendment of these conditions
1. VDI Auctions may always amend the general conditions without prior notice.
2. VDI Auctions may announce amendments to these conditions by placing this on its website or by communicating it in another manner. It is therefore advisable to check the conditions from time to time. Amendments are also valid with regard to existing agreements.

Article 17. Complaints and disputes
1. Are you dissatisfied with our service? We shall appreciate your informing us first so that we can work seriously on your complaint.
2. Should a dispute arise, you should refer the matter to the competent court in‘s-Hertogenbosch. The possibility of lodging a complaint with the court shall lapse one year after the reason for the dispute came into being.

Article 18. Applicable law
1.  Dutch law is applicable to all agreements and the general conditions and actions arising there from.
2. The Dutch text of these general conditions shall take precedence should there be any ambiguities or contradictions with the translations of these general conditions.