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General Terms and Conditions

Below you will find our General Terms and Conditions

Articles 1 to 11

ARTICLE 1: DEFINITIONS

In these terms and conditions, the following definitions apply:

  • Account: the personal environment on the Online Platform with the (personal) data entered by the User, which is created by the User when registering for the Service and which is managed by the User.
  • Bid: the amount offered by the User for an item in Auction, including VAT and (tax) fees, which is legally valid and binding in all cases.
  • Service: the services that Kunstveiling offers through the Online Platform, as made apparent and described on the Online Platform and in these General Terms and Conditions, including the possibility for Sellers to sell Items by way of online automated Auctions, and related additional services. For related additional services, such as payment services offered by the Online Platform, Kunstveiling may use third party service providers. You may be informed of the use of such third party service providers at any time when you make use of our Service.
  • User: any natural person or legal entity who creates an Account, uses the Service or accesses the Online Platform without registering.
  • Intellectual Property Rights: all intellectual property rights and related rights, such as copyrights, trademark rights, patent rights, design rights, trade name rights, database rights and neighbouring rights, as well as rights to know-how and performances on a par with such rights.
  • Item: an artwork or design object that a Seller has offered for sale via an online Auction on the Online Platform.
  • Purchase Agreement: the Purchase Agreement concluded through the Online Platform between the Seller on the one hand and the Buyer on the other hand, concerning a specific Auction.
  • Buyer: the User who enters into a Purchase Agreement with a Seller through the Online Platform.
  • Online Platform: the digital environment of Kunstveiling which can be accessed through the internet, where Users are enabled to purchase the Service by means of the software developed and offered by Kunstveiling, such as it can be accessed via www.kunstveiling.nl www.kunstveiling.be and www.artpeers.de , as well as the mobile versions of those websites, and all software programs and (mobile) applications that allow for the usage of the Service, including on mobile devices such as smartphones and tablets.
  • Online Auction: the online automated Auctions as offered by Sellers on the Online Platform.
  • Professional Seller: a User using the Service to sell Items in the context of his trade, business, craft or profession and who has provided Kunstveiling with (a) a valid VAT number or (b), if the Seller does not have a VAT number, alternative proof that he is using the Service to sell items as part of his trade, business, craft or profession.
  • Auction Rules: the rules to which the Buyer and Seller must comply, as referred to on the Online Platform.
  • Seller: the User who offers one or more Items for sale on the Online Platform.
  • Winning Bid: the fully automated message to the Buyer that he has placed the highest Bid and has thus purchased the Lot.
  • Auction Description: the description by the Seller of the Item(s) that he offers for auction through the Kunstveiling services, including the additional terms and conditions applicable to that auction.

ARTICLE 2: IDENTITY OF THE TRADER

  • Name of the trader: the private limited company Kunstveiling.nl B.V., trading as: Kunstveiling
  • Registered & visiting address: Amsterdamseweg 136, 1182 HJ in Amstelveen
  • Telephone number: +31 (0)20 7372473
  • Reachability: Monday to Friday from 11:00 am to 17:15 pm.
  • E-mail address: veilingmeester[@]kunstveiling.nl
  • Registration number at the Chamber of Commerce: 34293742

ARTICLE 3: APPLICABILITY AND AMENDMENTS

  1. This agreement
    This agreement constitutes the legal establishment of the rights and obligations of the User and those of Kunstveiling with regard to the Service offered through the Online Platform. Registration for the Service is free of charge. By registering, the User becomes a member and agrees to the terms of this agreement. The User confirms this agreement every time the Service is used. We advise you to read this agreement carefully and we point out to the User that this agreement can be amended from time to time in accordance with the procedure in Article 3.3.

  2. The entire agreement
    This Agreement consists of (a) our Privacy Policy, (b) our Auction Rules, and (c) any other terms or rules referred to in Article 5. Together, these constitute the entire agreement between Kunstveiling and the User with respect to the Service and replace all prior agreements and understandings with the User.

  3. Amendments to this agreement
    Kunstveiling is at all times entitled to amend or supplement the general terms and conditions by publishing amended terms and conditions on our Online Platform. The most up-to-date terms and conditions can be found on the Online Platform. If an amendment or supplement significantly impacts the rights or obligations of Users, Kunstveiling will either inform the Users by e-mail, or clearly bring these amendments to the attention of the User when using the Service. If the User continues to use the Service after the terms and conditions have been amended or supplemented, the User thereby irrevocably accepts the amended or supplemented terms of use. If the User does not agree to the amended or supplemented terms of use, the only option the User has is to stop using the Service and to delete his Account.

  4. Place of business and applicable law
    Kunstveiling is established in the Netherlands and has its registered office in Amsterdam. Its registration number at the Chamber of Commerce is 34293742. In case of conflicting information between the Dutch version of these terms and conditions and the other language versions, the Dutch version prevails. All auctions should take place in the Netherlands or in Belgium. Disputes arising from this agreement, including disputes concerning the existence and validity thereof, may be submitted on a non-exclusive basis to the competent courts in the Netherlands.

ARTICLE 4: GENERAL

  1. Functionality
    The User accepts that the Service and the Online Platform contain only the functionalities and other features as found by the User at the time of use (“as is” basis). The User accepts that the functionalities of the service and the Online Platform may change.

  2. Facilitating role
    Sellers offer Items on the Online Platform and Users purchase these items directly from the Sellers. Kunstveiling only plays a facilitating and supporting role by offering an Online Platform and additional services. Kunstveiling can take no responsibility for the quality, safety, lawfulness or correctness of the Items offered, the competence of Sellers to sell Items and the competence or possibility of Buyers to buy Items.

  3. Technical imperfections
    The user acknowledges and accepts the specific circumstances that may occur during Online Auctions and the (technical) imperfections that may arise. This includes, but is not limited to, the impossibility of having (full) access to the Online Platform, the impossibility of placing a bid on time or at all, outages or defects in the Online Platform or in the underlying hardware, network connections or software. Maintenance operations concerning the Online Platform or the underlying system may also prevent (unrestricted) access or the (timely) placing of a bid. Kunstveiling is never liable for any damage suffered by the User as a result of such (technical) imperfections.

  4. Adjusted auctions
    For some Auctions, different, amended or additional rules may apply than those described in these terms and conditions. These adjustments will be announced on the Online Platform for the Auction in question, as far as possible.

  5. Ownership of auctions and items
    The user acknowledges and accepts that Auctions and Items belong to the Seller, not to Kunstveiling. No contract of sale will be concluded between Kunstveiling and the Buyer and Kunstveiling does not transfer ownership from the Seller to the Buyer.

ARTICLE 5: REGISTERING

  1. Registration
    The User undertakes to correctly provide his name, address and other requested information upon registration for the Service. Moreover, the User of the Online Platform is not allowed to choose as his username any words or terms that are obscene, that contain profanity, that incite hatred, that are discriminatory, defamatory, pornographic, or words or terms that can be perceived as such. It is also not permitted to set or use the name of a website, or any reference to a website, as a username.

  2. Competence
    To be able to register for the Service, the User must be (a) competent to enter into agreements with respect to the Auction he bids for or by way of which he offers an item for sale, and (b) if the User is younger than 18 years old, he needs permission from his legal representative(s) (a guardian or (one of) his parents). By accepting these General Terms and Conditions, the User guarantees that he is indeed 18 years of age or older, or that he has the consent of his legal representative(s) to create his account.

  3. Professional Sellers
    Sellers who are professional sellers are obliged to identify themselves as such when creating their Account. The User accepts that he will be designated as a Professional Seller for all use through that account. Kunstveiling is entitled to change the status of Accounts if it sees reasonable cause to do so, for example in the case where a Professional Seller has not registered as such.

  4. Liability and abuse
    The User alone is responsible for keeping his username and password combination secret. The User is liable for all use made of the Service via his username and password and the User indemnifies Kunstveiling against any damage arising from abuse or use of his username and password. Kunstveiling may assume that the User is in fact the person who signs in with the username and password of the User. As soon as the User knows or has reason to suspect that a username and/or password have come into the hands of unauthorised persons, the User must inform Kunstveiling, without prejudice to his own obligation to immediately take effective measures, such as changing his password.

  5. Amendments and termination
    Kunstveiling reserves the right to change the registration and login procedure, the password, the username, the name of an Auction and/or specific user information if it considers it necessary in the interests of Kunstveiling, third parties or the functioning of the Service. Kunstveiling reserves the right to deny Users the ability to registrate for and participate in an Online Auction and/or unilaterally terminate it.
    The User is obliged to comply with all applicable tax laws and regulations and therefore to register in the correct capacity and provide all required information when registering. The User is fully liable for the consequences of providing incomplete on incorrect information regarding his tax position and fully indemnifies Kunstveiling against all claims by third parties, including the tax authorities, and against all resulting or related damage and/or costs, which claims, damage and costs will be directly recovered from the User by Kunstveiling.
    It is not permitted to create an Account in the name of another person and/or to provide false information. It is not permitted to login via third-party services accounts of others or to allow others to login on behalf of the User.

ARTICLE 6: PERSONAL DATA AND PRIVACY

  1. Use of personal data
    Personal data, such as contact and payment details provided by you, will be disclosed by us to parties for specific Auctions that you participate in (see also the Auction Rules), but only for the purpose of facilitating or investigating the intended Purchase Agreement.

  2. Privacy
    While creating an Account and using the Service, the User shall provide Kunstveiling with (personal) data. These (personal) data will be stored and processed in accordance with Kunstveiling’s Privacy Policy and applicable laws and regulations.

  3. Confidentiality of members
    Unless agreed otherwise with Kunstveiling, you are not permitted to use any information about other Users that is accessible through the Service or that is disclosed to you by Kunstveiling or any other User, other than to enter into a Purchase Agreement through the Service or as otherwise expressly permitted by this Agreement.

ARTICLE 7: AUCTION RULES (SELLING AND BIDDING IN AN AUCTION)

  1. Auction rules
    The Service allows you to participate in different types of Auctions. Descriptions of the auctions, the manner of participation, and the rules that are applicable to the Auctions, are set out in the Auction Rules. You should make sure - by reading the Auction rules carefully - that you understand how the Auctions work before participating in an Auction. The Auction Rules may be amended from time to time due to developments in our services.

ARTICLE 8: FEES AND PAYMENTS

  1. Currencies
    Each auction shall be held in the currency shown, and all amounts due shall be paid in that currency. For your convenience, Kunstveiling may in some cases display currency conversions based on the latest information available. Although Kunstveiling makes reasonable efforts to ensure the accuracy of the exchange rates used, the actual cost in your own currency will depend on the exchange rates used by your bank or the authority issuing your credit or debit card. Kunstveiling is not responsible for differences between the actual costs and the converted amount stated by Kunstveiling.

  2. Fees
    The Seller agrees to pay the fees to Kunstveiling as stated in the fee schedule in the Auction Rules. You are aware and agree that Kunstveiling is entitled to adjust the amount or method of calculation of its fees from time to time, provided that the amount or method of calculation is clearly stated at the time the Item is offered for auction. By placing an Item on Kunstveiling, you agree to these fees.

  3. Payment
    The Buyer shall pay the Seller the Winning bid plus any additional costs, that have been indicated in advance by the Seller in the Auction description. Upon receipt of such payment, the Seller shall proceed to delivery of the purchased Item to the Buyer. Kunstveiling reserves the right to suspend an Account if payment(s) are not made within the seven-day payment period. Kunstveiling will charge the User for administration costs and collection costs for late payment. These costs are in the first instance 15% of the invoice total and can amount to €250.00 per invoice.

  4. Taxes
    The prices of all products and the fees are, if applicable, inclusive of VAT, unless explicitly stated otherwise.

ARTICLE 9: THE ROLE OF KUNSTVEILING

  1. The role of Kunstveiling
    Kunstveiling has no control over and is not responsible for any conduct of the Seller, or Items offered for sale by the Seller, whether the Seller is a natural person or a legal entity. Kunstveiling has no control over and is not responsible for the quality, safety or lawfulness of Items being auctioned, the truthfulness or accuracy of the Auction descriptions, whether the Seller can and will deliver the Items, or whether the bidding Users can and will pay for those Items. Kunstveiling does not investigate the products and services offered for auction. Unless expressly stated in the Auction description, Kunstveiling is not a party to the auctions and merely provides the technical means and the Online Platform that facilitate these auctions. Kunstveiling does not and is not able to verify the completion or validity of the Purchase agreements. Although Users are not permitted to do so, it is possible that a User may provide information or otherwise behave in a careless or illegal manner or in violation of the User’s obligations under this Agreement. Therefore, you should exercise the same caution when entering into a Contract of Sale - whether you are a Seller or a Buyer - as you would when entering into a similar agreement offline.

  2. How Auctions work
    Kunstveiling reserves the right to conclude Auctions early or to prolong them, to cancel or withdraw listings, or terminate Auctions altogether, should there be compelling legal or technical reasons to do so (including technical or Internet problems experiences by Kunstveiling or a seller). If possible, we will inform you in advance of any such measures to be taken by Kunstveiling. Kunstveiling will make reasonable efforts to process Bids placed, but does not guarantee that every Bid will be submitted. The Website, or other websites on which Kunstveiling’s services are offered, may be temporarily unavailable. We are not contractually (or otherwise) obliged to offer Auctions, whether on this or any other website.

  3. Withdrawal of Auctions
    The User acknowledges that we are entitled to withdraw an Auction that - based on information from third parties or other Users - seems to violate this agreement (including articles 9.4 and 9.5 and the Auction Rules regarding shill bidding and prohibited products). In such a case, we will notify both the Seller and, where reasonably possible, the bidding Users of the withdrawal of the Auction.

  4. Abuse of Kunstveiling Services
    Any abuse of the Kunstveiling website noted by Kunstveiling may result in a warning and/or exclusion from the Kunstveiling Services. Abuse of Kunstveiling Services also includes acting improperly, not with integrity and contrary to the rules. We reserve the right to suspend or terminate the Accounts of any member who fails to fulfil one or more of the obligations under this Agreement or is perceived to have done so. No person holding such a suspended or terminated Account may re-subscribe to Kunstveiling Services without our prior consent.

  5. Verification of descriptions
    Kunstveiling has the right, without being obliged to do so, to check from time to time whether items depicted in Auction descriptions are suspected of being stolen or otherwise offered illegally, by comparing them with data files from art auctions or other third parties, enforcement agencies or historical data available to Kunstveiling.

  6. In violation of the rules
    We provide an e-mail facility to report Auctions that violate the Auction rules due to inaccurate description, doubt of authenticity, infringement of Intellectual Property Rights or other applicable laws. This e-mail facility can be found under the button: “Report this item” on every auction page. We recommend that Users make use of this service if there is any doubt about the item on offer or if the Seller acts in violation of the rules.

  7. Ask the Seller
    Kunstveiling offers the possibility to (potential) bidders and interested parties to contact the seller directly via the “Ask the Seller” button, which can be found on the page of each running auction. It is however forbidden to make an offer outside the auction by means of this option. A copy of your question to the Seller is automatically sent to our auctioneers.

ARTICLE 10: LIABILITY OF KUNSTVEILING

  1. Liability
    In so far as permitted by law, you hereby release Kunstveiling and its subcontractors, agents and employees from liability arising out of or in relation to Auctions, including, but not limited to, damages and claims from descriptions, bids, failed or completed Purchase agreements, or products or services offered for auction or actually sold.

  2. Force majeure
    Kunstveiling is not liable for failures to fulfil obligations under this agreement due to reasons beyond its reasonable control.

  3. Exclusion of liability
    We do not accept liability to you or any third party for any indirect or consequential damage, including, but not limited to, loss of data, loss of profits, loss of revenue or turnover, howsoever caused, whether or not arising from failing to act or from acting in breach of this agreement.

  4. Not excluded liability
    The limitation of Kunstveiling’s liability shall not apply to liability for bodily injury or for damage caused by gross negligence or wilful misconduct committed by Kunstveiling or a third party for whom it is legally liable and cannot exclude such liability, nor to any other liability which may not be excluded by law. Mandatory provisions of consumer protection law are not affected by the provisions in this article.

  5. Indemnification
    You shall indemnify Kunstveiling against all costs, claims and liabilities that arise from any breach of this agreement by you or through your Kunstveiling Account.

ARTICLE 11: MISCELLANEOUS

  1. Transfer
    Kunstveiling reserves the right to transfer or subcontract - a part of - her rights and obligations under this agreement. If we exercise this right, we shall indicate on our home page the name of the said third party to whom rights or obligations have been transferred or subcontracted. In such a case, you are free to terminate this agreement with immediate effect. You are not permitted to transfer rights or obligations under this agreement or otherwise make them available to third parties without Kunstveiling’s prior written consent.

  2. Ineffectiveness
    If any provision contained in this agreement is or becomes null and void or non-binding, the parties shall remain bound by the other provisions.

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