General conditions and terms

Notice: because our company is located in the Flanders region of Belgium, the Dutch text will, in case of doubt about this translated text, always takes precedence over this translated text.

1. By registering and bidding, every user/buyer accepts the general terms and conditions of BOPA BV.
   Only the Dutch version of the sales terms below is legally binding.
   Any translations are for information purposes only.
2. These general terms and conditions and any legal relations arising from the auction are governed exclusively by Belgian law.
   BOPA BV organizes the auction in accordance with Belgian law, including the Civil Code and the Judicial Code, except where deviations are expressly provided for in these conditions.
3. If any party, being the buyer or seller, makes changes or deletions to the standard conditions and/or contracts, these must be initialed by both parties in order to be valid . Otherwise, the modification is void.
   Every user/buyer must register at www.bopa.be to participate in the online auction.
   All user/buyer registration data will not be disclosed to third parties, in accordance with the privacy law. The general terms and conditions are linked to our Privacy Policy, which can be consulted here: https://bopa.be/privacy-policy.
   The user/buyer guarantees that all data entered are correct, including the billing details, which become final upon registration.
   If the user/buyer acts in the capacity of a company, the VAT number used must be provided.
   No administrative changes will be made by BOPA BV upon the client’s request; each client must update their own data to ensure accuracy.
   In view of Peppol and electronic invoicing, no further changes are possible and the data becomes final once the invoice has been issued.
   BOPA BV and the bailiff reserve the right to immediately block a user in case of misuse of the auction site and/or in the event of disputes or (potential) problems resulting from the user’s/buyer’s behavior.
   In the event of false or fraudulent data entered by the user/buyer, the user/buyer may be prosecuted for forgery and any resulting damages, including towards third parties, may be recovered from the user/buyer.
4. The entire organization of the auction is carried out by BOPA BV, on behalf of trustees, lawyers, notaries, bailiffs, administrators, or third parties, unless stated otherwise.
   Every bid placed by the user/buyer is irrevocable and unconditional.
   All goods are sold in the condition they are in (used or unused), as seen by the user/buyer during the viewing days. This does not constitute a distance sale, unless proven otherwise.
   Each bid acceptance is always subject to approval. Approval may only be refused in case of reasonable doubt about the reliability of the user/buyer or the bid, or in the event of a serious practical impediment to accepting the bid, such as — but not limited to — an order from a higher authority, applicable regulations, lack of cooperation from the owner(s) of the goods, or any other reason beyond the control of BOPA BV.
5. The transfer of ownership can only take place after payment and collection of the goods.
   The risk of loss or damage to the goods passes to the user/buyer at the moment ownership of the goods is transferred. To the extent that the goods remain the property of BOPA BV under a retention of title clause, the risk of loss or damage to the goods passes to you at the time of collection of the goods.
   BOPA BV, the bailiff, and/or the lawyer/trustee are authorized to withhold lots. Such withholding is only possible in case of well-founded doubts regarding the reliability of the seller or the contents of the lot, or in the event of a serious practical impediment to offering the lot for sale, such as — but not limited to — an order from a higher authority, applicable regulations, lack of cooperation from the owner(s) of the goods, or any other reason not attributable to BOPA BV. They may also refuse any bid deemed too low, as long as this is reasonably justified.
   The opening bid does not imply acceptance of any potential final bid.
6. BOPA BV cannot be held liable for any technical or other issues that may arise during an online auction that are not due to a fault or negligence on the part of BOPA BV. The user/buyer acknowledges that BOPA BV is only bound by an obligation of means.
   BOPA BV is not responsible for problems occurring on the website, such as — but not limited to — power outages, technical failures, software issues, incorrect updates, or lack of maintenance.
   BOPA BV and the developer of this website can in no way be held liable for indirect damages, consequential damages, immaterial losses, lost profits, missed savings, or business interruptions. Any liability of BOPA BV is in any case limited to the amount paid by its liability insurer for the damage concerned. Before such payment, BOPA BV cannot be sued in court for (partial) compensation.
   Furthermore, BOPA BV cannot be held liable for non-contractual faults or damages. Its liability is purely contractual.
   The above limitations of liability also apply to all auxiliaries of BOPA BV, including all directors of BOPA BV and its affiliated, parent, subsidiary, and sister companies.
   The directors of BOPA BV and its affiliated companies are in no way personally liable towards the user/buyer.
   The user/buyer makes sure to include in all contracts with third parties directly or indirectly related to the present contract a clause limiting the liability of BOPA BV and its auxiliaries in accordance with this provision. If the user/buyer fails to do so, they agree to indemnify BOPA BV and its auxiliaries for all consequences resulting from the omission.
7. If BOPA BV is unable to fulfill its obligations towards the user/buyer due to a cause beyond its control (force majeure), the performance of those obligations is suspended for the duration of the force majeure event. A failure cannot be attributed to BOPA BV if it is not due to its fault, nor by law, legal act, or generally accepted practice.
8. Each auction closes on a predetermined date and time, indicated per auction and per lot.
   For every 25 lots on a page, the closing time is delayed by 10 minutes.
   If a bid is placed in the last 5 minutes before a lot’s closing time, the time is extended by 5 minutes, and so on, until no further bids are placed.
   BOPA BV reserves the right:
   - to extend any auction by 24 hours, provided all bidders are notified at least 24 hours before the scheduled end, if reasonably justified;
   - to cancel, end, and/or extend an auction, if reasonably justified.
   The user/buyer must settle the total amount due within 24 hours of receiving the pro forma invoice by paying into the communicated account (third-party account BOPA Veilingen: BE25 0689 0566 5482).
   The amount due by the user/buyer includes an 18% surcharge and is increased by 21% VAT.
   Upon receipt of payment, the user/buyer will receive the paid invoice in their online account or, for B2B customers, via Peppol.
   If the amount due is not paid within the stipulated period, BOPA BV may claim compensation:
   → for companies (i.e. when the user/buyer provides a company number):
   compensation (non-cumulative)
   of 10.5% on the sales amount above €25,000 (minimum €2,750)
   of 10.5% on the sales amount between €5,000 and €25,000 (minimum €750)
   of 10.5% on the sales amount up to €5,000 (minimum €100)
   Furthermore, in case of non-payment within the set period, interest shall be due by the user/buyer at the rate established by Article 5 of the Law of 2 August 2002 on combating late payments in commercial transactions, starting from the day after the reminder is sent until full payment.
   Payments are first applied to costs, then to interest and compensation, and finally to the purchase price.
   The sales agreement will then be immediately dissolved without prior judicial intervention.
   → for individuals (i.e. when no company number is provided):
   In case of non-payment, a penalty will be charged:
   *€20.00 when the invoice amount is less than or equal to €150.00
   *€30.00 + 10% of the invoice amount on the portion between €150.01 and €500.00 if the remaining amount is within that range
   *€65.00 + 5% of the invoice amount above €500.00, with a maximum of €2,000.00, if the remaining amount exceeds €500.00
   This penalty becomes due only 14 days after the first reminder is sent.
   Furthermore, in case of late payment, statutory interest (Law of 5 May 1865) is due on the remaining amount from the day following the reminder until full payment.
   Upon dissolution of a sales agreement, a new sale will take place at the expense of the initial user/buyer, who will be put in default.
   The initial user/buyer will be responsible for the actual costs of the resale and its organization, as well as for any negative price difference with the new sale price, but cannot claim any positive difference.
9. The sold lots remain the property of the seller until the full purchase price has been paid.
   The purchased lots are to be collected by the user/buyer or an appointed third party at the auction location, as announced at the opening of each auction on the BOPA BV website: www.bopa.be.
   The user/buyer undertakes to respect the specified collection date and place, to be present, and to assume responsibility. BOPA BV does not ship any goods.
   In agreement with a user/buyer, BOPA BV may allow collection at a later time if other lots need to be removed first (this is exceptional).
   A new collection date will only be confirmed in writing online or by e-mail.
   When an additional collection day is possible, this will incur extra costs for the user/buyer, with a minimum of €10.00. Handling, transport, and storage costs incurred by BOPA BV may be charged to the user/buyer. The BOPA BV warehouse cannot be considered a collection or storage facility.
   In case of non-payment or non-collection, the user/buyer will be formally notified in writing by BOPA BV or its representative (e.g. the bailiff), resulting in additional (legal) costs. The amount due must still be paid, and the user/buyer loses all rights to the purchased goods.
   If the user/buyer fails to collect the lots at the indicated place, time, and date, they can no longer claim the goods, and the invoice remains payable. As described in the Civil Code, the buyer of movable property automatically and without prior notice loses their ownership rights if they fail to collect the movable goods at the agreed time.
   BOPA BV may also charge the user/buyer additional costs for dismantling, removal, or destruction of uncollected goods.
10. BOPA BV cannot in any way be held responsible for any damage resulting from the dismantling of lots during the collection of goods by the user/buyer.
    BOPA BV limits its assistance during collection days. The user/buyer must provide their own equipment, suitable transport, and helpers.
    The user/buyer must be fully insured against all liability for dismantling and transporting the goods.
    Each user/buyer is responsible for any damage caused to goods purchased by others and must indemnify BOPA BV against third-party claims.
    No damage may be caused to the premises. If it appears that damage was caused by a user/buyer, they will be responsible for repair costs.
    For dismantling outside the scheduled collection days (exceptionally), BOPA BV will require a deposit from the user/buyer to cover potential damages.
    BOPA BV and/or the bailiff and/or lawyer/trustee and/or seller cannot be held responsible for hidden defects of the goods/lots. Visible defects or non-conformities must be reported at the time of collection at the latest, failing which the user/buyer will no longer be able to make any claim regarding visible defects or non-conformities.
    The user/buyer is deemed to be fully informed about the condition of the goods and to have seen and eventually tested them during the viewing days at the place of sale.
    The seller and/or BOPA BV cannot be held liable for any damage resulting from events after purchase or improper use of the goods.
    BOPA BV’s liability is always limited to the value of the bid made by the person invoking liability and can never equal the actual value of the good or a third-party bid.
    BOPA BV provides the best possible description of the lots but is bound only by an obligation of means.
    The user/buyer is deemed to have attended at least one viewing day.
    Attendance at viewing and collection days is at the user’s/buyer’s own risk.
    BOPA BV is not responsible for differences between the goods and their photos, except in case of intent or gross negligence by BOPA BV.
    The buyer acknowledges that goods may be subject to intellectual property rights held by third parties and that such rights are not specified in the description nor included in the sold lot.
    BOPA BV provides no warranties of any kind regarding the lots or any third-party claims, except in cases of intent or gross negligence on its part.
    The user/buyer waives all rights not granted by mandatory law.
11. BOPA BV reserves the right to modify these general terms and conditions if necessary.
    All changes take effect immediately and are binding upon the user/buyer as soon as they could reasonably have become aware of them.
    The new terms replace all previous versions unless expressly stated otherwise.
12. If any part of these provisions is found to be invalid or unenforceable, that part shall be interpreted (in accordance with applicable law) so as to reflect the parties original intent as closely as possible, and the remaining provisions shall remain fully valid and effective.
    The possible nullity of one clause does not affect the validity of the remaining terms and conditions.
13. Regardless of the residence or place of business of the buyer/bidder, only the courts of the district of West Flanders have jurisdiction in case of disputes.
14. By way of derogation from Article 5.97 of the Civil Code, the creditor cannot request a price reduction in court in the event of a breach that is insufficiently serious to justify termination, even if all the conditions of Article 5.97 are met.
15. By way of derogation from Article 5.74 of the Civil Code, the debtor cannot request that the creditor renegotiate the contract with a view to its adaptation or termination, even if the requirements of Article 5.74 are met.
    

Registered office:
BOPA Veilingen BV
Grote Markt 36
B - 8870 Izegem

Tel. 0032 (0)468 333 117
E-mail: info@bopaveilingen.be
KBO BE 0849 502 442