Agreement

Auction Agreement

Article 1 – Scope

– These general terms and conditions apply to every offer of the seller and to every distance contract that is entered into between the seller and the buyer.
– Before the distance contract is entered into, the text of these general terms and conditions must be made available to the buyer. If this is not reasonably possible, the seller will indicate in which way the general terms and conditions can be consulted at the seller’s location and that they will be sent as soon as possible free of charge upon the request of the buyer before the distance contract is entered into.
– In deviation from the paragraph above, if the distance contract is concluded electronically, the text of these general conditions can be made available to the buyer, prior to the conclusion of the distance contract, by electronic means, in such a way that the buyer can store them effortlessly on a durable data carrier. If that his is not reasonably possible, the buyer shall be informed, prior to the conclusion of the distance contract, as to where he can have access electronically to the general conditions and that they will be sent to the buyer at his request, electronically or by another means, free of charge.

Article 2 – The offer

– If an offer has a limited period of validity or is subject to special conditions, this will be stated explicitly in the offer description.
– The offer must include a full and accurate description of the offered products, digital content and/or services. The description must be sufficiently detailed to ensure the buyer can make an appropriate assessment of the offer. If the seller uses images, they must be a faithful representation of the offered products, services and/or digital content. Any apparent mistakes or errors in the offer will not commit the seller.
– Every offer must contain the information required that will ensure that it is clear to the buyer which rights and obligations he or she has with regard to accepting the offer.

Article 3 – This agreement

– Notwithstanding the provisions, the contract is concluded the moment the buyer accepts the offer and complies with the conditions attached to it.
– If the buyer has accepted the offer electronically, the entrepreneur immediately sends an electronic acknowledgement of receipt of the acceptance of the offer. As long as the buyer has not acknowledged receipt of this acceptance, the buyer is entitled to cancel the contract.
– If the contract is concluded electronically, the buyer takes all appropriate technical and organisational measures to protect the electronic data transfer and ensures a safe web environment. If the buyer is offered the possibility to pay electronically, the seller takes adequate measures to ensure safe electronic payment.
– The seller may, within legal frameworks, obtain information about whether the buyer can meet his or her payment obligations as well as all those facts and factors that are important for responsibly entering into a distance contract. If the seller should have appropriate grounds not to enter into the contract based on this investigation, the seller will be justified to refuse an order or request while providing arguments or to link special conditions with regard to the execution.
– The seller must send the following information in writing or in such a way that it can be stored on a durable data carrier by the buyer in an applicable manner when the product, service or digital content is delivered to the buyer at the latest.
– The geographical address of the place of business of the seller to which the buyer may address any complaint;
– The conditions and procedures for exercising the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
– Warranty and after-sales service information;
– The price including all taxes of the product, service or digital content, the delivery costs and the payment insofar as they may apply and the delivery and distance contract execution method;
– The requirements to cancel the contract if the contract has a duration of more than one year or is for an indefinite period of time;
– If the buyer has a right of withdrawal, the model form for withdrawing.

Article 4 – Rights of withdrawal

– The buyer may terminate a contract with regard to the purchase of a product during a cooling-off period of at least 14 days without having to specify reasons. The seller may ask for the reason for the withdrawal, but the buyer is under no obligation to specify his or her reason(s).
– The cooling-off period shall start on the day after the buyer or a third person appointed by the buyer in advance who is not the shipper has received the product or:
– If the buyer has ordered multiple products with regard to one and the same order: the day on which the buyer or a third party appointed by him or her has received the last product. The seller may refuse an order with multiple products with a different delivery date provided that he or she has informed the buyer about this clearly before the order process.
– When the delivery of a products consists of different shipments or parts: the day on which the buyer or a third party appointed by him or her has received the last shipment or part.
– With regard to contracts for the regular delivery of products during a specific period: the day on which the buyer or the third party who he or she has appointed has received the first product.
– The buyer may terminate a contract for services or for delivery of digital content that has been supplied on a material carrier during a cooling-off period of at least 14 days without specifying reasons. The seller may ask the buyer for the reason for the withdrawal, but the buyer may decide not to specify his or her reason(s).
– The cooling-off period specified in paragraph 3 will start on the day that follows after the contract is entered into.
– If the seller has not issued to the buyer the statutory mandatory information about the right of withdrawal or the model form for withdrawal, the cooling-off period will end twelve months after the end of the originally determined cooling-off period in accordance with the other paragraphs of this article.
– If the seller has issued the information as referred to in the previous paragraph to the buyer within twelve months after the effective date of the original cooling-off period, the cooling-off period will elapse 14 days after the day on which the buyer has received this information.

Article 7 – Obligations of the buyer duing the cooling-off period- The buyer must handle the product and the packaging with due care and attention during the cooling-off period. He or she must only unpack or use the product to the degree that is required to determine the nature, characteristics and operation of the product. The basic principle within this context is that the buyer may only handle and inspect the product as he or she would be allowed to do in a shop.
– The buyer is not liable for value reduction of the product if the seller has not issued to the buyer all statutory mandatory information about the right of withdrawal before or when entering into the contract.
– If the buyer wants to make use of his or her right of withdrawal, he or she must notify seller within or before the end of the cooling-off period.
– If the buyer uses his or her right of withdrawal, all additional contracts will be terminated by operation of law.

Article 5 – Procedures

A public auction is deemed to mean a selling method where products, digital content and/or services are offered by the seller to the buyer who is present personally or is given the option to be present personally at the auction under the guidance of an auctioneer and where the successful buyer is obliged to purchase the products, digital content and/or services.
– The seller will guarantee that the products and/or services comply with the contract, the specifications specified in the order, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations that exist on the date when the contract is entered into. If agreed, the seller will also guarantee that the product is suitable for other than normal use.
– An extra warrantly issued by the seller, his or her supplier, manufacturer or importer shall never restrict the statutory rights and claims that the buyer may exercise based on the contract with regard to the seller if the seller has failed in complying with his or her part of the contract.
– Extra warranty is deemed to mean any obligation of the seller, his or her supplier, importer or producer through which he or she allocates specific rights or claims to the buyer that go further than what he or she must meet by operation of law if he or she should fail in complying with his or her part of the contract.
– The seller will observe the greatest care when receiving and executing orders of products and when assessing requests to provide services.
– The address that the buyer has notified to the seller will apply as the delivery address.
– With due regard to the provisions, the seller will execute accepted orders with appropriate speed and no later than within 30 days unless another delivery period has been agreed. If the delivery experiences a delay or if an order cannot be or can only be executed partially, the buyer will be notified about this 30 days at the latest after the order has been placed. The buyer will, in this case, have the right to terminate the entered into contract without incurring costs.
– After termination in accordance with the previous paragraph, the seller will immediately return the amount that the buyer has paid.
– The risk of products being damaged and/or lost is vested on the seller until the items have been delivered to the buyer or a third party indicated in advance and the representative made known to the seller unless agreed otherwise expressly.
– The buyer can cancel at all times a contract that has been entered into for an indefinite period of time and that covers the regular delivery of products (including electricity) or services while observing the cancelation rules agreed for this purpose and a period of notice of no more than one month. Buyer will be charged of the costs made and the unpaid commissions unpaid (see article 6)
– The buyer can cancel at all times a contract that has been entered into for a definite period of time and that covers the regular delivery of products (including electricity) or services by the end of the definite period while observing the cancelation rules agreed for this purpose and a period of notice of no more than one month. Buyer will be charged of the costs made and the unpaid commissions unpaid (see article 6)

Article 6 – Costs and Commissions

The property will be sold As is / Where is (we advise you to visit the viewing day)
Your bid cannot be withdrawn
If a bid is placed within the final 5 minutes of the auction, the auction time will be extended with another 5 minutes.
If you choose to participate in the auction on a mobile device or use the app, you will need to refresh the page yourself regularly.
If you do not refresh the page you may not be the highest bidder anymore even though your device says so.
It is essential that we can contact you. Close to the end of the auction Easycosta will contact the highest bidders by phone, APP or email.
When we are unable to contact you, Easycosta can decide to block your account.
Please be aware of a time gap between the registered users site and the normal website of the auction showing all the lots.
If you are not logged in you do not have the latest information.
If the buyer is from outside the EU and requests export, the sale can be executed excluding VAT.
If the buyer has a company with a EU VAT number then the sale can be on 0% using internal trade rules of the EU (intra communitair).
To place a bid you must be logged in as a registered user and the auction must be open for bidding. Select login to place a bid.

A new window appears where you can place your bid. The bid needs to be at least the minimum amount as displayed.
You are free to place a higher bid. Proceed by clicking Check bid. Next the full calculation of your bid will be displayed. This includes your bid including VAT, auction costs and other costs if relevant.
To confirm your bidding select Confirm. Without this final step you bid will not be placed. A confirmation email of the bidding will be send directly.
You will also receive an email when a third party has outbid you.

Easycosta charges a single buyer’s Commission rate for the services we provide. The commission is a fixed percentage based on the eventual hammer price at auction.
This rate includes marketing costs and insurance cover and is fixed 3% of the total sell price. This fixed percentage will be charged to buyer after the final winning bid.
Buyer may also be charged for other external services such as shipping, restoration and framing, but these will be discussed and agreed beforehand.

Article 7 – Warranty

Entering into the last 30 days of an auction the higher bidder and/or potential buyer will be asked to deposit a percentage amount of the product price as guarantee.
In the case the buyer is outbided this amount will be returned at anytime.
In the case the buyer wins the same auction, this amount will be settled in the final invoice.

All the funds Easycosta charges their customers for auction purposes are held in an escrow bank account.
This foundation manages all funds from buyers and clients.

It manages and distributes funds to the rightful beneficiaries: clients with regard to the amounts to be settled and Easycosta with regard to commissions.

The foundation operates as follows:
• Easycosta sells on behalf of third parties and the buyer pays the invoice on the bank account of the Foundation for Third Party Funds.

• When all conditions for settlement are met, like amongst others, delivery of lots, signing of deeds etc. , Easycosta then makes the settlement of the proceeds (credit invoice = purchase invoice) and the Third-Party Funds Foundation pays the revenue to the client from the bank account of the Third-Party Funds Foundation.

In short:
The Foundation is a separate entity, which operates for Easycosta on the basis of an agreement between Easycosta and the third-party funds Easycosta Foundation.
This structure serves as a guarantee that the clients invoice will always be paid, even when Easycosta could no longer meet its obligations.
This way we have in fact guaranteed that the buyer as well as the client has certainty that the funds are secured.