GENERAL TERMS AND CONDITIONS YOUNG CHAMPIONS ACTION BV
1. DEFINITIONS
1.1. General Terms and Conditions: these General Terms and Conditions that apply to every online, offline (physical), or hybrid auction and to the use of the Website of YOUNG CHAMPIONS AUCTION BV, both in the legal relationship between YOUNG CHAMPIONS AUCTION BV and the User as well as between the Seller
and Buyer when a purchase agreement is concluded.
1.2. Bid: any amount (including auction fees and VAT) that a User offers for the purchase of a Lot offered for Auction.
1.3. User(s): any person participating in an auction, including the person who has registered on the Website by creating an account to use the Website.
1.4. Buyer: any natural person or legal entity, whether or not a Consumer, who places a bid for the purchase of a Lot.
1.5. Lot: representation of goods/animals offered for Auction.
1.6. Registration: the registration of a person for participation in an Auction or on the Website by creating an account.
1.7. Auction: an online, offline, or hybrid auction for the sale of a Lot.
1.8. Seller: the person who offers one or more Lots at an Auction.
1.9. Website: the website available at https://www.youngchampions.auction/nl/home operated by YOUNG CHAMPIONS AUCTION BV.
1.10. YCA: YOUNG CHAMPIONS AUCTION BV, a private limited company under Belgian law with its registered office at 2280 Grobbendonk, Troon 22, and with company number 0787.292.283. YCA can be reached at the phone number 014 50 10 47 and/or at the email address info@youngchampions.auction.
2. GENERAL
2.1. These General Terms and Conditions apply to all agreements between YCA and the Users as well as to the purchase agreements concluded between the Seller and the Buyer through participation in the Auction. The General Terms and Conditions also apply to any use of the Website, including Registration and participation in Auctions (as potential Seller or Buyer). In case of conflict between the General Terms and
Conditions and the provisions of another agreement between YCA and a User or between the Seller and the Buyer, the provisions of these General Terms and Conditions shall prevail unless expressly agreed otherwise.
2.2. By participating in the Auction or registering on the Website, the User acknowledges and explicitly accepts these General Terms and Conditions. The User agrees to be bound by these General Terms and Conditions with respect to YCA as well as to the User with whom they conclude a purchase agreement. Participation in an Auction without prior unconditional acceptance of these terms is not permitted.
3. SERVICES OF YCA
3.1. The User acknowledges that YCA acts as an intermediary-facilitator in the organization of Auctions. Through the Website, YCA provides Users the opportunity to buy and sell Lots. YCA makes the Website available to the Users.
3.2. Unless expressly indicated otherwise, YCA is not the Seller of Lots offered for Auction on the Website. The purchase agreement following an Auction is concluded exclusively between the Buyer and the Seller. Additionally, a service agreement is established between YCA and the User, with the auction service as its subject.
3.3. YCA is not responsible or liable in any way for the characteristics, properties, or qualities of the offered Lots and provides no guarantees in this regard.
4. REGISTRATION AND USE OF THE WEBSITE - PARTICIPATION IN
AN AUCTION
4.1. A User must register to participate in an Auction and/or to use the Website. The User confirms that the information provided by them is complete and correct. The User confirms they are of legal age.
4.2. At Registration, the User must indicate whether they use the Website in a private or professional capacity. If a User wishes to use the Website for both professional and private purchases (as a consumer), the User must create two separate accounts.
4.3. The User receives a personal login and password upon creating an account. The User is responsible for keeping this information secure and is liable to YCA for actions taken through this account.
4.4. By creating an account on the Website, the User agrees that their personal data will be processed and stored by YCA in accordance with YCA’s privacy policy.
4.5. The User shall not use the Website for any illegal purpose or any purpose prohibited by these General Terms and Conditions. The User shall not use the Website in a way that damages, disrupts, or overloads the Website. The User must behave properly and must not harm other Users.
4.6. YCA may deny a User the right to participate in an Auction or exclude them from (further) use of the Website. Although YCA is not required to provide reasons for such exclusion, this can occur if there are indications that the User is insolvent, has overdue invoices, uses the account in violation of applicable laws, or in a manner that compromises the integrity of the Website or negatively affects an Auction (including false bids to artificially raise Lot prices), or does not comply with agreements made with YCA.
4.7. YCA takes appropriate technical and organizational measures to ensure the proper functioning of the Website and to protect it, in line with reasonable User expectations, against data loss and/or unauthorized use.
4.8. YCA cannot ensure that the Website will function without errors.
4.9. Users may not reproduce or make the Website available in any form without prior written consent from YCA.
5. LOTS, DUTY OF INVESTIGATION, AND INFORMATION
5.1. Lot descriptions are provided for indicative purposes based on information given by the Seller to YCA. The Seller is required to provide professional photos and videos before the start of the Auction. If these are provided later, YCA cannot guarantee that the Lots will be included in the planned Auction or is entitled to
exclude the respective photos or videos from the Website or Auction information.
5.2. Lots usually pertain to horses. Lots are offered as they are. Sellers are asked to have the animals medically examined and to take radiographs before the Auction.
5.3. The User must obtain the necessary information from the Seller and thoroughly inspect the Lots (with or without expert assistance) before placing a Bid. A Bid placed without inspection is at the risk of the User, who accepts this risk.
6. AUCTION PROCEDURE
6.1. Users can place a Bid in the Auction, potentially on the Website via their account.
A placed Bid is considered irrevocable unless indicated otherwise. The User remains bound by their Bid until the final allocation and payment or rejection of the Lot.
6.2. All Bids, as well as payments, are made exclusively in euros.
6.3. Users are prohibited from placing Bids on Lots they themselves have offered for Auction. Users may not place a Bid directly or indirectly on the instruction of or in consultation with a Seller, for example, to drive up the price. If YCA finds that this provision is violated, YCA can immediately suspend or terminate the Auction. In that
case, the involved Users are jointly liable to pay YCA a compensation amounting to at least the auction cost calculated on the price of the relevant Bid, plus 21% VAT.
6.4. YCA and the Sellers have the option, in mutual agreement, to set a minimum price for a Lot (“Minimum Amount”). At the end of an Auction, Lots are sold to Users who have placed a Bid equal to or higher than the minimum price. If the minimum price is not reached during the Auction, the Seller still has the option to decide to sell the Lot to the highest bidder.
6.5. YCA can suspend, cancel, end early, reschedule, and/or extend Auctions at any time without Users having any recourse against YCA.
6.6. YCA indicates an indicative closing time for each Auction on the Website. YCA can extend or reopen Auctions, for example, in case of a technical malfunction on the Website making it not (fully) accessible to all Users.
6.7. If a Bid is placed on a Lot in the last 5 minutes before the closing time of the Lot, the Auction for this Lot is automatically extended in 5-minute increments after the initially indicated closing time.
6.8. Bids on sport horses start from €20,000, on young horses from €10,000, and on embryos from €5,000. Bids must be at least €100 up to €5,000, at least €500 between €5,000 and €10,000, at least €1,000 between €10,000 and €20,000, at least €2,000 between €20,000 and €50,000, at least €5,000 between €50,000 and €100,000, and at least €10,000 from €100,000. YCA may deviate from this if communicated to Users at
the start of the Auction. 6.9 Size determination: S: under 1,64m, M: between 1,64m and 1,68m, L: taller than 1,69m
7. ALLOCATION AND PAYMENT
7.1. Each Lot is awarded to the highest bidder at closing time (“Allocation Amount”), establishing the purchase agreement.
7.2. The Seller owes a commission fee of 10% on the Allocation Amount to YCA if the Allocation Amount is at least equal to the Minimum Amount. This also applies in case of a buyback by the Seller.
7.3. The Buyer is obliged to pay an auction fee to YCA of 10% of the Allocation Amount if the Allocation Amount is at least equal to the Minimum Amount. Once YCA receives the full payment from the Buyer, it promptly transfers the Seller's due share.
7.4. The Allocation Amount is immediately due and must be paid within 7 days after allocation.
7.5. If the Buyer is a business, they are, in case of late payment, liable by law and without notice for default interest and a fixed compensation in accordance with Article 5, second paragraph of the Law of August 2, 2002, on combating late payment in commercial transactions.
7.6. If the Buyer is a consumer, YCA will first send a notice of default in case of late payment. From the third working day after sending this notice (or from the first working day if the notice is sent electronically), a period of 14 calendar days begins, after which the consumer-Buyer owes default interest in accordance with Article 5,
second paragraph of the Law of August 2, 2002, on combating late payment in commercial transactions. Additionally, the consumer-Buyer owes a fixed compensation calculated as follows: (a) €20 if the outstanding balance is up to €150; (b) €30 plus 10% of the amount between €150.01 and €500 if the outstanding balance
is between €150.01 and €500; (c) €65 plus 5% of the amount above €500 with a maximum of €2,000 if the outstanding balance is over €500. The business-Buyer owes a fixed compensation of 10% of the overdue amount.
7.7. In case of late payment, the Seller has the right to enforce payment of the allocation amount or to dissolve the purchase by written notice to the Buyer. YCA has the right to claim a fixed compensation of 10% of the auction cost (excluding VAT) if the allocation amount is still paid, or 50% of the auction cost (excluding VAT) if the purchase is dissolved. In case of dissolution, the Seller can allocate the Lot to another
bidder and/or reoffer the Lot for Auction.
8. TRANSFER OF OWNERSHIP AND DELIVERY OF LOTS
8.1 Ownership of a Lot transfers to the Buyer after full payment of the Allocation Amount, auction fees, and VAT.
8.2. The Buyer is responsible for all costs, taxes, and duties relating to the purchase, export, and import of the Lot.
8.3. The Buyer must arrange transportation of the Lot within 10 days after full payment. The Buyer is responsible for all costs and risks of transportation.
8.4. Only the Buyer is obliged to pay import taxes or other taxes when the goods are located abroad.
8.5. If the Buyer does not pick up the goods or is late in doing so, they must compensate the Seller for storage costs.
8.6. In the case of export, the Buyer must present a valid export document within 3 months after the Auction. The Buyer is responsible for all associated costs.
9. RIGHT OF WITHDRAWAL AND WARRANTY
9.1. Under Article VI.53, 11° of the Belgian Code of Economic Law, the consumer cannot exercise the right of withdrawal as provided in Article VI.47 of the Belgian Code of Economic Law for contracts concluded during a public auction. A public auction is defined, according to Article I.8, 36° of the Belgian Code of Economic Law,
as a sales method where goods or services are offered by the company to consumers who are personally present or given the possibility to be personally present at the auction, through a transparent competitive bidding process, led by a ministerial official responsible for public sales operations, and where the winning bidder is obligated to purchase the goods or services.
9.2. If the Auction is not a public auction as defined in Article I.8, 36° of the Belgian Code of Economic Law, the Buyer-consumer can withdraw from the contract within a period of 14 calendar days without giving any reason, in accordance with Article VI.47 of the Belgian Code of Economic Law. The Buyer can assert their rights in this
regard against the Seller, but not against YCA, which acts as a mere intermediary.
9.3. The Seller, but not YCA in its capacity as a mere intermediary, is liable towards the Buyer-consumer for defects in conformity and latent defects of the sold goods in accordance with Articles 1649bis to 1649nonies of the old Belgian Civil Code.Towards the Buyer-business, the Seller is liable based on the general law articles
1641 to 1649 of the old Belgian Civil Code.
10. INTELLECTUAL PROPERTY
10.1. Users acknowledge and agree that they do not acquire any rights, interest, or title to the intellectual property rights of the Website through its use. The same applies to brochures or other information made available by YCA.
10.2. Users may not infringe on the intellectual property rights of YCA and/or third parties during the use of the Website.
10.3. YCA reserves the right to take all necessary measures to prevent or stop infringements of intellectual property rights, including removing content that violates these General Terms and Conditions, terminating accounts, and taking legal action if necessary.
10.4. YCA is not liable for infringements of intellectual property rights by a User and/or a third party resulting from actions of a User on the Website. The latter offers full indemnification and warranty to YCA in this regard.
11. LIABILITY OF YCA
11.1. YCA excludes all liability for any damage arising directly or indirectly from participation in an Auction and the use of the Website, except in cases of fraudulent intent by YCA.
11.2. YCA is not liable for damage arising from:
the inability to use or fully use the Website;
any malfunction occurring on the Website;
the unlawful use of the Website;
errors in the Website's software;
a Lot not meeting the specifications as stated on the Website;
the information on the Website about a Lot being incorrect, incomplete, or not up-to-date;
actions taken by the User based on information posted on the Website;
a defect in the Lots, whether visible or hidden;
an infringement of intellectual property rights of Users and/or third parties resulting from the use of the Website;
data loss;
damage to files, unauthorized access to computers or files;
distribution of viruses or other unlawful programs or files;
the Website not functioning error-free;
a case of force majeure;
etc.
11.3. YCA strives for the utmost accuracy and completeness in the description of the
Lots. However, YCA cannot be held liable for damage resulting from incorrect or
incomplete descriptions of Lots. This is the sole responsibility of the Seller.
11.4. The User acknowledges that the Website does not provide any guarantee
regarding the nature, quality, authenticity, safety, legality, or any other aspect of the
auctioned goods. All auctioned goods are sold with all visible and invisible defects,
without any warranty from YCA. YCA is, unless otherwise indicated, a mere
intermediary.
11.5. YCA is not responsible for the fulfillment of obligations by Users, such as
paying the auction price, delivering auctioned goods, or fulfilling other obligations
related to the sale of goods. YCA is not a party to the purchase agreement.
11.6. In the event that any liability is attributed to YCA, it is limited to the amount of
the intervention by its insurer. If the damage is not covered by insurance, YCA's
liability is in any case limited to the auction cost.
11.7. YCA is not the Seller of the Lots unless otherwise indicated. Any rights of the
User as Buyer can only be exercised against the Seller (and vice versa).
12. MISCELLANEOUS PROVISIONS
12.1. YCA is at all times entitled to amend or supplement the General Terms and
Conditions. The most current General Terms and Conditions can be found on the
Website. These General Terms and Conditions can be amended by YCA by notifying
Users via email or by informing them upon logging into their account. If a User
continues to use the Website after the General Terms and Conditions have been
amended or supplemented, the User irrevocably accepts the amended or supplemented
General Terms and Conditions.
12.2. The Dutch version of these General Terms and Conditions takes precedence over
translations of these General Terms and Conditions.
12.3. If a provision of the General Terms and Conditions is found to be invalid, the
remaining provisions of the General Terms and Conditions remain valid. An invalid
provision of these General Terms and Conditions must always be interpreted and
applied in a manner that it is valid and as closely as possible aligns with the purpose of
the provision. If a provision of the General Terms and Conditions is only partially
invalid, the provision remains valid for the remaining part.
13. APPLICABLE LAW AND COMPETENT COURT
13.1. Belgian law applies to any dispute arising between YCA and a User. The
application of the Vienna Sales Convention is explicitly excluded.
13.2. The courts of the judicial district of Antwerp (Antwerp division) have exclusive
jurisdiction.
GENERAL TERMS AND CONDITIONS YOUNG CHAMPIONS ACTION BV
1. DEFINITIONS
1.1. General Terms and Conditions: these General Terms and Conditions that apply to every online, offline (physical), or hybrid auction and to the use of the Website of YOUNG CHAMPIONS AUCTION BV, both in the legal relationship between YOUNG CHAMPIONS AUCTION BV and the User as well as between the Seller
and Buyer when a purchase agreement is concluded.
1.2. Bid: any amount (including auction fees and VAT) that a User offers for the purchase of a Lot offered for Auction.
1.3. User(s): any person participating in an auction, including the person who has registered on the Website by creating an account to use the Website.
1.4. Buyer: any natural person or legal entity, whether or not a Consumer, who places a bid for the purchase of a Lot.
1.5. Lot: representation of goods/animals offered for Auction.
1.6. Registration: the registration of a person for participation in an Auction or on the Website by creating an account.
1.7. Auction: an online, offline, or hybrid auction for the sale of a Lot.
1.8. Seller: the person who offers one or more Lots at an Auction.
1.9. Website: the website available at https://www.youngchampions.auction/nl/home operated by YOUNG CHAMPIONS AUCTION BV.
1.10. YCA: YOUNG CHAMPIONS AUCTION BV, a private limited company under Belgian law with its registered office at 2280 Grobbendonk, Troon 22, and with company number 0787.292.283. YCA can be reached at the phone number 014 50 10 47 and/or at the email address info@youngchampions.auction.
2. GENERAL
2.1. These General Terms and Conditions apply to all agreements between YCA and the Users as well as to the purchase agreements concluded between the Seller and the Buyer through participation in the Auction. The General Terms and Conditions also apply to any use of the Website, including Registration and participation in Auctions (as potential Seller or Buyer). In case of conflict between the General Terms and
Conditions and the provisions of another agreement between YCA and a User or between the Seller and the Buyer, the provisions of these General Terms and Conditions shall prevail unless expressly agreed otherwise.
2.2. By participating in the Auction or registering on the Website, the User acknowledges and explicitly accepts these General Terms and Conditions. The User agrees to be bound by these General Terms and Conditions with respect to YCA as well as to the User with whom they conclude a purchase agreement. Participation in an Auction without prior unconditional acceptance of these terms is not permitted.
3. SERVICES OF YCA
3.1. The User acknowledges that YCA acts as an intermediary-facilitator in the organization of Auctions. Through the Website, YCA provides Users the opportunity to buy and sell Lots. YCA makes the Website available to the Users.
3.2. Unless expressly indicated otherwise, YCA is not the Seller of Lots offered for Auction on the Website. The purchase agreement following an Auction is concluded exclusively between the Buyer and the Seller. Additionally, a service agreement is established between YCA and the User, with the auction service as its subject.
3.3. YCA is not responsible or liable in any way for the characteristics, properties, or qualities of the offered Lots and provides no guarantees in this regard.
4. REGISTRATION AND USE OF THE WEBSITE - PARTICIPATION IN
AN AUCTION
4.1. A User must register to participate in an Auction and/or to use the Website. The User confirms that the information provided by them is complete and correct. The User confirms they are of legal age.
4.2. At Registration, the User must indicate whether they use the Website in a private or professional capacity. If a User wishes to use the Website for both professional and private purchases (as a consumer), the User must create two separate accounts.
4.3. The User receives a personal login and password upon creating an account. The User is responsible for keeping this information secure and is liable to YCA for actions taken through this account.
4.4. By creating an account on the Website, the User agrees that their personal data will be processed and stored by YCA in accordance with YCA’s privacy policy.
4.5. The User shall not use the Website for any illegal purpose or any purpose prohibited by these General Terms and Conditions. The User shall not use the Website in a way that damages, disrupts, or overloads the Website. The User must behave properly and must not harm other Users.
4.6. YCA may deny a User the right to participate in an Auction or exclude them from (further) use of the Website. Although YCA is not required to provide reasons for such exclusion, this can occur if there are indications that the User is insolvent, has overdue invoices, uses the account in violation of applicable laws, or in a manner that compromises the integrity of the Website or negatively affects an Auction (including false bids to artificially raise Lot prices), or does not comply with agreements made with YCA.
4.7. YCA takes appropriate technical and organizational measures to ensure the proper functioning of the Website and to protect it, in line with reasonable User expectations, against data loss and/or unauthorized use.
4.8. YCA cannot ensure that the Website will function without errors.
4.9. Users may not reproduce or make the Website available in any form without prior written consent from YCA.
5. LOTS, DUTY OF INVESTIGATION, AND INFORMATION
5.1. Lot descriptions are provided for indicative purposes based on information given by the Seller to YCA. The Seller is required to provide professional photos and videos before the start of the Auction. If these are provided later, YCA cannot guarantee that the Lots will be included in the planned Auction or is entitled to
exclude the respective photos or videos from the Website or Auction information.
5.2. Lots usually pertain to horses. Lots are offered as they are. Sellers are asked to have the animals medically examined and to take radiographs before the Auction.
5.3. The User must obtain the necessary information from the Seller and thoroughly inspect the Lots (with or without expert assistance) before placing a Bid. A Bid placed without inspection is at the risk of the User, who accepts this risk.
6. AUCTION PROCEDURE
6.1. Users can place a Bid in the Auction, potentially on the Website via their account.
A placed Bid is considered irrevocable unless indicated otherwise. The User remains bound by their Bid until the final allocation and payment or rejection of the Lot.
6.2. All Bids, as well as payments, are made exclusively in euros.
6.3. Users are prohibited from placing Bids on Lots they themselves have offered for Auction. Users may not place a Bid directly or indirectly on the instruction of or in consultation with a Seller, for example, to drive up the price. If YCA finds that this provision is violated, YCA can immediately suspend or terminate the Auction. In that
case, the involved Users are jointly liable to pay YCA a compensation amounting to at least the auction cost calculated on the price of the relevant Bid, plus 21% VAT.
6.4. YCA and the Sellers have the option, in mutual agreement, to set a minimum price for a Lot (“Minimum Amount”). At the end of an Auction, Lots are sold to Users who have placed a Bid equal to or higher than the minimum price. If the minimum price is not reached during the Auction, the Seller still has the option to decide to sell the Lot to the highest bidder.
6.5. YCA can suspend, cancel, end early, reschedule, and/or extend Auctions at any time without Users having any recourse against YCA.
6.6. YCA indicates an indicative closing time for each Auction on the Website. YCA can extend or reopen Auctions, for example, in case of a technical malfunction on the Website making it not (fully) accessible to all Users.
6.7. If a Bid is placed on a Lot in the last 5 minutes before the closing time of the Lot, the Auction for this Lot is automatically extended in 5-minute increments after the initially indicated closing time.
6.8. Bids on sport horses start from €20,000, on young horses from €10,000, and on embryos from €5,000. Bids must be at least €100 up to €5,000, at least €500 between €5,000 and €10,000, at least €1,000 between €10,000 and €20,000, at least €2,000 between €20,000 and €50,000, at least €5,000 between €50,000 and €100,000, and at least €10,000 from €100,000. YCA may deviate from this if communicated to Users at
the start of the Auction. 6.9 Size determination: S: under 1,64m, M: between 1,64m and 1,68m, L: taller than 1,69m
7. ALLOCATION AND PAYMENT
7.1. Each Lot is awarded to the highest bidder at closing time (“Allocation Amount”), establishing the purchase agreement.
7.2. The Seller owes a commission fee of 10% on the Allocation Amount to YCA if the Allocation Amount is at least equal to the Minimum Amount. This also applies in case of a buyback by the Seller.
7.3. The Buyer is obliged to pay an auction fee to YCA of 10% of the Allocation Amount if the Allocation Amount is at least equal to the Minimum Amount. Once YCA receives the full payment from the Buyer, it promptly transfers the Seller's due share.
7.4. The Allocation Amount is immediately due and must be paid within 7 days after allocation.
7.5. If the Buyer is a business, they are, in case of late payment, liable by law and without notice for default interest and a fixed compensation in accordance with Article 5, second paragraph of the Law of August 2, 2002, on combating late payment in commercial transactions.
7.6. If the Buyer is a consumer, YCA will first send a notice of default in case of late payment. From the third working day after sending this notice (or from the first working day if the notice is sent electronically), a period of 14 calendar days begins, after which the consumer-Buyer owes default interest in accordance with Article 5,
second paragraph of the Law of August 2, 2002, on combating late payment in commercial transactions. Additionally, the consumer-Buyer owes a fixed compensation calculated as follows: (a) €20 if the outstanding balance is up to €150; (b) €30 plus 10% of the amount between €150.01 and €500 if the outstanding balance
is between €150.01 and €500; (c) €65 plus 5% of the amount above €500 with a maximum of €2,000 if the outstanding balance is over €500. The business-Buyer owes a fixed compensation of 10% of the overdue amount.
7.7. In case of late payment, the Seller has the right to enforce payment of the allocation amount or to dissolve the purchase by written notice to the Buyer. YCA has the right to claim a fixed compensation of 10% of the auction cost (excluding VAT) if the allocation amount is still paid, or 50% of the auction cost (excluding VAT) if the purchase is dissolved. In case of dissolution, the Seller can allocate the Lot to another
bidder and/or reoffer the Lot for Auction.
8. TRANSFER OF OWNERSHIP AND DELIVERY OF LOTS
8.1 Ownership of a Lot transfers to the Buyer after full payment of the Allocation Amount, auction fees, and VAT.
8.2. The Buyer is responsible for all costs, taxes, and duties relating to the purchase, export, and import of the Lot.
8.3. The Buyer must arrange transportation of the Lot within 10 days after full payment. The Buyer is responsible for all costs and risks of transportation.
8.4. Only the Buyer is obliged to pay import taxes or other taxes when the goods are located abroad.
8.5. If the Buyer does not pick up the goods or is late in doing so, they must compensate the Seller for storage costs.
8.6. In the case of export, the Buyer must present a valid export document within 3 months after the Auction. The Buyer is responsible for all associated costs.
9. RIGHT OF WITHDRAWAL AND WARRANTY
9.1. Under Article VI.53, 11° of the Belgian Code of Economic Law, the consumer cannot exercise the right of withdrawal as provided in Article VI.47 of the Belgian Code of Economic Law for contracts concluded during a public auction. A public auction is defined, according to Article I.8, 36° of the Belgian Code of Economic Law,
as a sales method where goods or services are offered by the company to consumers who are personally present or given the possibility to be personally present at the auction, through a transparent competitive bidding process, led by a ministerial official responsible for public sales operations, and where the winning bidder is obligated to purchase the goods or services.
9.2. If the Auction is not a public auction as defined in Article I.8, 36° of the Belgian Code of Economic Law, the Buyer-consumer can withdraw from the contract within a period of 14 calendar days without giving any reason, in accordance with Article VI.47 of the Belgian Code of Economic Law. The Buyer can assert their rights in this
regard against the Seller, but not against YCA, which acts as a mere intermediary.
9.3. The Seller, but not YCA in its capacity as a mere intermediary, is liable towards the Buyer-consumer for defects in conformity and latent defects of the sold goods in accordance with Articles 1649bis to 1649nonies of the old Belgian Civil Code.Towards the Buyer-business, the Seller is liable based on the general law articles
1641 to 1649 of the old Belgian Civil Code.
10. INTELLECTUAL PROPERTY
10.1. Users acknowledge and agree that they do not acquire any rights, interest, or title to the intellectual property rights of the Website through its use. The same applies to brochures or other information made available by YCA.
10.2. Users may not infringe on the intellectual property rights of YCA and/or third parties during the use of the Website.
10.3. YCA reserves the right to take all necessary measures to prevent or stop infringements of intellectual property rights, including removing content that violates these General Terms and Conditions, terminating accounts, and taking legal action if necessary.
10.4. YCA is not liable for infringements of intellectual property rights by a User and/or a third party resulting from actions of a User on the Website. The latter offers full indemnification and warranty to YCA in this regard.
11. LIABILITY OF YCA
11.1. YCA excludes all liability for any damage arising directly or indirectly from participation in an Auction and the use of the Website, except in cases of fraudulent intent by YCA.
11.2. YCA is not liable for damage arising from:
the inability to use or fully use the Website;
any malfunction occurring on the Website;
the unlawful use of the Website;
errors in the Website's software;
a Lot not meeting the specifications as stated on the Website;
the information on the Website about a Lot being incorrect, incomplete, or not up-to-date;
actions taken by the User based on information posted on the Website;
a defect in the Lots, whether visible or hidden;
an infringement of intellectual property rights of Users and/or third parties resulting from the use of the Website;
data loss;
damage to files, unauthorized access to computers or files;
distribution of viruses or other unlawful programs or files;
the Website not functioning error-free;
a case of force majeure;
etc.
11.3. YCA strives for the utmost accuracy and completeness in the description of the
Lots. However, YCA cannot be held liable for damage resulting from incorrect or
incomplete descriptions of Lots. This is the sole responsibility of the Seller.
11.4. The User acknowledges that the Website does not provide any guarantee
regarding the nature, quality, authenticity, safety, legality, or any other aspect of the
auctioned goods. All auctioned goods are sold with all visible and invisible defects,
without any warranty from YCA. YCA is, unless otherwise indicated, a mere
intermediary.
11.5. YCA is not responsible for the fulfillment of obligations by Users, such as
paying the auction price, delivering auctioned goods, or fulfilling other obligations
related to the sale of goods. YCA is not a party to the purchase agreement.
11.6. In the event that any liability is attributed to YCA, it is limited to the amount of
the intervention by its insurer. If the damage is not covered by insurance, YCA's
liability is in any case limited to the auction cost.
11.7. YCA is not the Seller of the Lots unless otherwise indicated. Any rights of the
User as Buyer can only be exercised against the Seller (and vice versa).
12. MISCELLANEOUS PROVISIONS
12.1. YCA is at all times entitled to amend or supplement the General Terms and
Conditions. The most current General Terms and Conditions can be found on the
Website. These General Terms and Conditions can be amended by YCA by notifying
Users via email or by informing them upon logging into their account. If a User
continues to use the Website after the General Terms and Conditions have been
amended or supplemented, the User irrevocably accepts the amended or supplemented
General Terms and Conditions.
12.2. The Dutch version of these General Terms and Conditions takes precedence over
translations of these General Terms and Conditions.
12.3. If a provision of the General Terms and Conditions is found to be invalid, the
remaining provisions of the General Terms and Conditions remain valid. An invalid
provision of these General Terms and Conditions must always be interpreted and
applied in a manner that it is valid and as closely as possible aligns with the purpose of
the provision. If a provision of the General Terms and Conditions is only partially
invalid, the provision remains valid for the remaining part.
13. APPLICABLE LAW AND COMPETENT COURT
13.1. Belgian law applies to any dispute arising between YCA and a User. The
application of the Vienna Sales Convention is explicitly excluded.
13.2. The courts of the judicial district of Antwerp (Antwerp division) have exclusive
jurisdiction.
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