Terms and Conditions

Terms and Conditions of The Collectables

These Terms and Conditions, together with our Privacy Statement, apply to any use of our online platform. By using the online platform, you agree to the applicability of the General Terms and Conditions and the Privacy Statement. You can read, download and/or print these documents online. All users of our online platform must accept and thereby agree to be bound by our Terms and Conditions. In case of discrepancies, the Dutch version shall prevail.

The Collectables may amend the General Terms and Conditions and the Privacy Statement. You will always find the most recent versions of the documents on the online platform. We will inform you about important changes via the online platform and by email. By continuing to use the online platform after implementing a change, you agree to that change.

In our FAQs we answer many frequently asked questions. Also, the FAQs and further information on the online platform provide a concrete and less legal explanation of our Terms and Conditions, so please read them carefully.

Should you have any questions for us, you can ask them at [email protected]. Any suggestions - always welcome! - please go there.

Reports of (suspected) unlawful information or actions can be made at [email protected].

Any questions regarding the use of your personal data should be directed to [email protected].

General Terms and Conditions are made up of several components:

1. General

2. Forum

3. Auction

4. Terms and Conditions for Sellers

5. Terms and Conditions for Buyers

A. GENERAL

Article 1. Definitions

In the Terms and Conditions and the Privacy Statement, we use a number of definitions. These are the capitalized words, which can be used in singular as well as in plural. These definitions have the following meanings:

Application Form: the online form, to be completed by a potential Seller, by which you contact The Collectables regarding the admission of your collectable as a Lot in the Auction.

General Terms and Conditions: the present set of terms and conditions.

Lot: the lot, called a collectable, which is auctioned on the Online Platform.

Service: the services offered by The Collectables to Users through the Online Platform.

Forum: the part of the Online Platform where Users can post messages about a Lot and respond to each other's messages.

User: any natural or legal person using the Online Platform. The User is referred to in these General Terms and Conditions as "he", but this of course also refers to female visitors to the Online Platform.

Buyer: the User wishing to bid on a Lot offered on the Online Platform, whereby the Buyer with the Winning Bid will purchase the Lot if the Lot is awarded.

Minimum Sale Price: the minimum sale price of the Lot (the "Reserve") to be declared and kept secret (unless shown with the Lot) by the Seller.

Online Platform: the environment accessible via the URL www.TheCollectables.nl, of which the Auction is a part.

Privacy Statement: the terms and conditions found here that govern how we handle your personal data.

The Collectables: the limited liability company The Collectables B.V., having its registered office and place of business in Heteren.

Auction: the process in which a Lot is offered for sale through the Online Platform by the Seller by way of bidding.

Auction Agreement: the agreement between The Collectables and a Seller regarding the Auction of that Seller's Lot.

Seller: the User who offers their Lot for auction on the Online Platform.

Winning Bid: the highest lawful and timely bid above the Minimum Sales Price, or the highest bid still accepted by Seller - in the absence of a bid above the Minimum Sales Price.

Article 2. The Online Platform

2.1
The Collectables is the provider of the Online Platform. On the Online Platform you can view Lots and other information, post messages on the Forum, register as a Buyer or register as a Seller by means of the Application Form, and participate in an Auction as a Buyer or Seller. Through the Online Platform, The Collectables facilitates the Auction, in which a Seller offers a Lot for sale by auction to potential Buyers.

2.2
The Online Platform and the Services offered thereon are provided as you find them at the time of use ("as is"). The Collectables makes no warranties or representations regarding specific functionality or features, or the completeness, accuracy, quality or integrity of the Online Platform. Outages and/or interruptions may occur. The Collectables will, if a failure or interruption occurs, obviously use its best efforts to remedy it as soon as possible, but makes no guarantee about the resolution time and excludes any liability for the consequences of the unavailability of the Online Platform or any Service.

2.3
In order to make full use of the Online Platform, you must create a profile. You are responsible for keeping your username and password confidential. If you suspect that someone is making unauthorized use of your username and/or password, you must update your information immediately. We also ask that you report this to [email protected], so that we can take appropriate action. Bids made under your account are binding, even if someone else has entered them.

2.4
You acknowledge that, in addition to the measures that The Collectables may take under the law, the General Terms and Conditions and, where applicable, the Auction Agreement, The Collectables may, in case of detected irregularities, temporarily or permanently deny access to the Online Platform.

2.5
The processing of your data, in addition to applicable laws and regulations, is subject to our Privacy Statement, which you can view on our website and, if desired, download and/or print.

Article 3. Information and Intellectual Property Rights

3.1
The use of the Online Platform does not lead to a transfer of intellectual property rights (such as copyrights, trademark rights and the like). These remain the property of the original right holder(s).

3.2
The User who shares information (texts, visual material and the like) through or for the benefit of the Online Platform guarantees that such information is correct and not unlawful. He guarantees that he has the right to make such information available. By sharing information, the User grants The Collectables a non-exclusive, irrevocable and perpetual free license to use that information for the purposes of the Online Platform.

3.3
The User fully indemnifies The Collectables against third party claims and will fully compensate the damage caused by the User's failure to fulfill the obligations in the previous paragraph, including reasonable costs for legal assistance, repairs, storage, etc.

3.4
The Online Platform and all content on it (not originating from Users), are the property of The Collectables or its licensor(s). It is not allowed without The Collectables' prior written consent to disclose or reproduce (copy, distribute, edit, etc.) (parts of) the Online Platform or this content.

Article 4. Reporting of (Suspected) Unlawful Content

4.1
If you believe that unlawful content is being offered or acted upon on the Online Platform, please report it to [email protected].

4.2
The Collectables will investigate whether there is manifestly unlawful information or action. If so, the information will be removed and/or the act will be blocked. The Collectables is not obliged to proceed to remove information or block actions based on a report. The Collectables may, if it is not clear, require a court to make a determination as to whether the information or action is unlawful.

Article 5. Liability and Indemnification

5.1
You acknowledge that The Collectables is only a provider of the Online Platform and therefore is not or cannot be held responsible and/or liable for the information shared by Users, as well as the conduct of Users, including Buyers and Sellers, during and after Auctions.

5.2

• The Collectables cannot be held liable for problems beyond our control or for actions we take to keep our Online Platform safe and secure. This includes, but is not limited to, any damage caused by:

  • Providing false or inaccurate account information or failing to share requested information;

  • Offering our services on our Online Platform;

  • Actions that violate our Terms and unlawful use of our Online Platform;

  • Inaccessibility, technical issues or other problems limiting access to the Online Platform;

  • The condition and/or function of objects purchased through The Collectables;

  • The execution, formation, cancellation or termination of the sales contract, including the enforcement of our rights under the sales contract.

The User may take their own measures to prevent or limit liability by ceasing to use the Online Platform and deleting any profile created.

5.3
In the event that The Collectables can be held liable for damages suffered by a User as a result of the use of the Online Platform, then such liability is limited to compensation for direct damages, whereby the amount can never exceed EUR 10.000,- (in words: ten thousand euros). Direct damage is exclusively understood to mean material damage, financial loss and the reasonable costs incurred to prevent or limit direct damage, as well as the reasonable costs incurred to determine the cause and liability of the direct damage. This does not exclude our liability for gross negligence or intentional misconduct by us or for damages resulting from injury to life, body or health.

5.4
You will fully indemnify The Collectables for claims by third parties due to your use of the Online Platform and/or the Service and will fully compensate The Collectables for any damages it may suffer, including reasonable costs of legal assistance.

5.5
You accept that The Collectables may at any time, to prevent or limit (suspected) damage, without prior notice or explanation, (temporarily) restrict, suspend or terminate your use of the Online Platform and/or the Service. As a result, The Collectables will never be liable to you.

Article 6. Payments and fees

6.1
The Collectables charges a commission (amount: see the Online Platform) to the Buyer when a purchase agreement for a Lot is concluded and not to the Seller. The commission is also due if a Buyer and Seller settle a transaction of an offered Lot outside of our control during or after the auction.
Seller shall pay in advance to The Collectables the fees as agreed upon for photography, research, etc.

6.2
All amounts stated on the Online Platform are in Euros (EUR) and include VAT, unless otherwise indicated.

6.3
Payments to The Collectables may be made through the secure environment of payment provider Mollie or through an invoice from The Collectables. The terms and conditions of the payment provider(s) apply to the (execution of the) payments and everything related thereto. The Collectables is not liable for the use or inability to use the payment environment of the payment provider(s).

6.4
The Collectables may impose certain conditions, such as (advance) payment, guarantee by credit card payment or the provision of a direct debit authorization.

Article 7. Other provisions

7.1
If any provisions of the Terms and Conditions are found to be (partially) invalid, the remaining provisions will remain in full force and effect between you and The Collectables. We will replace the invalid provisions with valid Terms and Conditions.

7.2
The Collectables is entitled to transfer its rights and obligations to you to a third party. It will notify you accordingly. Should you object to this, you may delete your profile and cease using the Online Platform and/or the Service.

7.3
Dutch law applies to the General Terms and Conditions and all disputes arising therefrom or related thereto. Where provisions of mandatory law apply in another country, The Collectables will respect that. Disputes will exclusively be submitted to the competent court in the District of Rotterdam, unless mandatory law stipulates otherwise.

B. FORUM

Article 8. Forum and Content

8.1
To use the Forum, you must register on the Online Platform.

8.2
You are responsible and liable for the content you post on the Forum. The content must be factually correct and fair, and must not be offensive, discriminatory or inflammatory, not incite illegal activity or harass certain (groups of) persons, and must not, in the opinion of The Collectables, be contrary to public order or morality. You may not use the Forum for commercial activities. Content must not detract from the honor or good name of The Collectables or its affiliates.

8.3
You warrant that you have the right to post content on the Forum and that this content does not infringe any third party (intellectual property) rights.

8.4
You may not post personal data of others without that person's express consent.

8.5
You will fully indemnify The Collectables against any third party claims and will fully compensate all damages arising from your failure to comply with the obligations in this article, including reasonable legal fees.

8.6
You understand and accept that The Collectables is not responsible for what is posted by Users on the Forum. If you believe that there is an unlawful posting, in the broadest sense of the word, you can report it at [email protected] (see also Article 4).

C. AUCTION

Article 9. Offering of Lots at the Auction

9.1
The Seller notifies its Lot via the Application Form (see also Section D: For Sellers).

9.2
The team of The Collectables determines whether a Lot is actually accepted to be offered as such at the Auction. If the Lot is accepted, the Seller and The Collectables enter into an Auction Agreement. If the Lot does not meet the requirements set by The Collectables, The Collectables will actively search within its network for a suitable alternative.

9.3
The Collectables will provide a Lot with accompanying texts and/or a personal impression of one of its team members. Such an impression may never be interpreted as an (expert) opinion of The Collectables (or the relevant team member) about the (technical) condition or value of the Lot. Therefore the Buyer cannot claim any compensation from The Collectables on the basis of an allegedly incorrect presentation of a Lot.

9.4
A Lot must be offered exclusively through the Auction and cannot be withdrawn after submission. If the Seller does withdraw the Lot, the amount as stated in the Auction Agreement shall be due.

Article 10. Bidding on Lots

10.1
To bid on a Lot, you must first create a profile as indicated on the Online Platform and then successfully complete Stripe verification.

10.2
You may not bid on Lots that you yourself have offered as Seller, nor induce others to bid on your Lots for the purpose of artificially inflating the price. If it turns out that the Seller is the highest bidder, the commission will still be due.

Article 11. Auction

11.1
The Online Platform announces the Lots offered through the Auction. During the indicated period (which includes at least one weekend), a Lot can be physically viewed by potential Buyers in consultation. They can also make an appointment in consultation with the Seller to have an expert assess the (technical) condition and value of the Lot.

11.2
The Lot will be offered in the Auction during the specified period. Buyers may bid manually or automatically, in accordance with the applicable minimum increments per bid.

11.3
The Seller may specify whether there is a Minimum Sale Price. This is the lowest price at which the Seller is willing to sell the Lot in the Auction. If after the Auction the Minimum Sale Price is not met, the Lot may not be sold and no sales contract will be established. The amount of the Minimum Sale Price will not be made public, unless otherwise agreed upon. However, it is indicated whether a Minimum Sales Price is applicable; by default this is the case. If no Minimum Sales Price applies, the Lot will be marked: NO RESERVE. The Seller may, in consultation with The Collectables, decide during or after the Auction to adjust the Minimum Sales Price downwards.

11.4
The Auction closes as soon as the indicated end time is reached, unless another bid is placed in the last 2 minutes before closing. In that case, the Auction will be extended by 2 minutes. Each new bid during this extension results again in an extension of 2 minutes. The Collectables reserves the right to manually extend the Auction without giving reasons.

11.5
The Buyer who has placed the Winning Bid at the close of the Auction is the winner of the Auction and will purchase the Lot from the Seller for the amount of the Winning Bid, if the Lot is awarded by the Seller within 48 hours after the close of the Auction. The Collectables reserves the right to delay the award and will notify the bidder with the winning bid within 48 hours of the end of the Auction. The Seller has the option (except in the case of a no-reserve Auction), in consultation with The Collectables, to withdraw the Lot or agree to the highest bid. In the latter case, that highest bid shall constitute the Winning Bid. The Seller has the right to accept any bid prior to the close of the Auction.

If the winning bid is not accepted by the Seller, The Collectables may, in consultation with the Seller, endeavor to still effect the transaction by asking the highest bidder for a final bid. The Seller should be aware that if the highest bidder refuses to do so, the highest bid made can no longer be claimed.

Article 12. Purchase Agreement

12.1
The Collectables does not own the objects offered or sold on our Online Platform and is not involved in the actual transaction between Buyers and Sellers. The Buyer (see also article 11.5) and the Seller conclude a purchase agreement directly with each other regarding the Lot.

12.2
The Collectables is not a party to (the formation of) the purchase agreement and its performance. This means, among other things, that if Buyer fails to fulfill its obligations (including payment) to Seller, Seller cannot hold The Collectables liable for this. Nor can the Buyer hold The Collectables liable if the Seller fails to fulfill its obligations, or if, for example, the Lot does not meet the characteristics specified by the Seller. Both Buyer and Seller must fulfill their obligations under the purchase agreement.

12.3
Disputes regarding the (execution of the) purchase agreement shall be resolved by the Buyer and Seller themselves, as well as in the event that a Lot is offered by a party acting in the exercise of a profession or business.

For the Lots offered, the right of withdrawal does not apply since it is a public auction. The Buyer has the opportunity to view the Lot extensively in advance and may also, by appointment, be present during the close of the Auction and place a bid before the auctioneer.

12.4
Upon request, The Collectables may attempt to mediate a conflict and will use reasonable efforts to reach a mutually acceptable resolution. However, The Collectables will never be or become a party to a conflict as a result of well-intentioned and voluntary efforts to mediate. For the user (being a consumer), if the company itself undertakes dispute resolution, the consumer (from the time the company so indicates) has at least one month to still choose the regular court to resolve the dispute.

12.5
Dissolution
In amongst others the case that the purchased Lot has not been taken up by Buyer within the set period of time, Buyer is in default by operation of law and Seller has the right to terminate the purchase agreement with Buyer by means of a written statement, without owing Buyer any compensation in this respect, and/or to sell the purchased Lot without delay to one or more third parties, whether or not by means of a new Auction, without prejudice to any other right of Seller. The foregoing also applies if The Collectables (as Seller or as authorized representative of the Seller) has asked the Buyer to provide security for performance and such security is not provided or is insufficient, or if the Buyer is otherwise in default and fails to meet its obligations to the Seller under the purchase agreement. The Buyer shall be obliged to compensate all damage caused by its default, including, inter alia, contribution costs, auction costs, stabling costs and administrative costs.

A shortcoming cannot be attributed to the Seller if the shortcoming is not due to the fault of the Seller, nor under the law, legal act or generally accepted practice is the responsibility of the Seller. In addition to the foregoing, the Buyer and Seller shall be entitled to rescind the purchase agreement, by a written statement or by a statement by e-mail to the other party, if, prior to delivery or taking delivery of a Lot, circumstances arise as a result of which delivery or taking delivery of the Lot is no longer possible as a result of force majeure, for example due to fire, theft or damage caused by natural forces. The Seller shall in that case be liable to the Buyer for no more than the reimbursement of the amounts received by the Seller in connection with the Lot in question.

D. FOR SELLERS

Article 13. Registration of Lot and Auction

13.1
If you wish to submit a Lot for possible sale through the Auction, you must complete the Application Form as made available on the Online Platform. You acknowledge that it is up to The Collectables to determine whether the Lot will be admitted to the Auction. If the Lot is admitted, you will enter into an Auction Agreement with The Collectables, which will include details of ownership and the Lot.

13.2
You guarantee the accuracy of the data you have provided and agree that this data will be used to the extent necessary for the execution and handling of the Auction. The processing of your data is subject to the Privacy Statement.

13.3
You are aware of the operation of the Auction and of your rights and obligations. Among other things, you warrant that you are entitled as the owner to sell the Lot and, if applicable, to transfer the Lot into the name of the Buyer.

13.4
Once the Lot has been posted online, you must ensure that the text and details displayed with the Lot are complete and correct. Any comments or corrections should be reported to The Collectables team within one business day of posting.

13.5
You shall ensure that potential Buyers have the opportunity during a specified period, including at least one weekend, to physically view the Lot. If desired, the Lot may be inspected in consultation with you.

13.6
After registering for the Auction, no more than 100 kilometers may be driven with the Lot.

13.7
You acknowledge that you are offering the Lot exclusively through The Collectables and that you cannot withdraw the Lot after registration unless you pay the amount stated in the Auction Agreement (10% of the estimated Minimum Sale Price, with a minimum of EUR 2.500,-). You undertake to sell the Lot to the Buyer with the Winning Bid.

13.8
If the highest bid at the conclusion of the Auction is not at least equal to the Minimum Sale Price, The Collectables will consult with you as to the best option.
The Collectables will mediate between the Seller and the possible Buyers in order to still sell the Lot. In this case, the Buyer will also owe the commission to The Collectables.
You warrant that the Buyer will pay this commission to The Collectables. In addition, you acknowledge that you cannot withdraw the Lot or sell it outside The Collectables until (a) you have notified The Collectables in writing (including by email) to waive their further mediation, whereby the period of mediation has lasted for at least 5 weeks after the end of the Auction, and (b) The Collectables has confirmed to you in writing (including by email) that they will not mediate further and you are free to sell the Lot yourself by other means. If you violate the foregoing, you will owe the amount specified in the Auction Agreement.

Article 14. Payment and acceptance of the Lot

14.1
You conclude a purchase agreement with the Buyer who has made the Winning Bid (see also Article 12).

14.2
After The Collectables has received the commission due from the Buyer, The Collectables will put you and the Buyer in contact with each other so that you can come to the completion of the purchase agreement and transfer of the Lot with the Buyer.

E. FOR BUYERS

Article 15. Profile Creation, Preparation and Bidding on an Object

15.1
To bid on an Object, you must create a profile as indicated on the Online Platform and, if applicable, successfully complete Stripe verification.

15.2
You guarantee the accuracy of the data provided and agree that your data will be used where necessary for the execution and handling of the Auction. Our Privacy Statement applies to the processing of your data.

15.3
You have ascertained the procedure regarding the Auction. A bid placed is unconditional and you cannot revoke a bid, even if the bid was placed automatically by a bidding robot set up by you or was placed by someone else through your account. Upon placing the highest, winning bid, you are obligated to purchase the Lot, if awarded by the seller. This also applies if you bid for another person on the Lot. The Collectables assumes that bidding is done by the person who created the profile, and when bidding through your profile you are therefore personally bound by it. You must be able to vouch for the payment of the purchase price and the commission payable to The Collectables.

15.4
In order to fulfill your own obligation to investigate the (technical) condition and properties of an offered Lot, you can make use of the possibility to physically view the Lot and possibly have it inspected in consultation with the Seller. It is your own choice whether you make use of this.

Article 16. Payment and acceptance of the Lot

16.1
If you are the Buyer with the Winning Bid and the Lot is awarded, you are obliged to purchase the Lot. To this end, you will enter into a purchase agreement with the Seller (see also Article 12).

16.2
In addition to paying the purchase price to the Seller, you are required to pay the commission due to The Collectables. The commission must be paid via one of the specified payment methods within two (2) business days after the Auction ends. You are and will continue to owe the commission even in the event of any conflict with the Seller. In such a case, The Collectables will, without being obliged to do so, reasonably assist in reaching a suitable solution.

16.3
Upon receipt of the commission, The Collectables will put you and the Seller in contact so that you can come to the finalization of the purchase agreement and transfer of the Lot with the Seller. The Lot must be paid to the Seller within 5 business days of assignment.

16.4
You are responsible for collecting the Lot or having it delivered to you, unless it was stated when the Lot was offered to you that the Seller will take care of this. You must make arrangements with the Seller for collection or delivery of the Lot within seven (7) working days, unless another term has been agreed.
The Seller and The Collectables are not responsible for (carefully) packing or preparing the Lot for transport, if the Buyer decides to have the Lot picked up by a third party. Furthermore, the Seller and The Collectables are not liable for damage during transport caused by the carrier engaged by the Buyer.

If the Buyer fails to take delivery in time, or refuses or is negligent in providing information to the Seller (or The Collectables as the Seller's agent) or in following the instructions of the Seller or The Collectables as the Seller's agent necessary for the delivery of the Lot, the Buyer shall be in default vis-à-vis the Seller and shall be obliged, among other things, to compensate the Seller for the Seller's loss, without prejudice to any other right to which the Seller is entitled. In such a case, the Seller shall be entitled to store the Lot at the Buyer's risk and expense, whereby the Buyer shall be liable to the Seller for all additional costs, including in any event storage costs, transportation costs and, if applicable, disassembly costs. The Seller will not deliver the Lot until the Buyer has paid said costs in full.
The Buyer must realize that he bears all responsibility (think insurance, taxes due, etc.) for the Lot once it is assigned to him.

Public Auction: a public (online) sale in accordance with Article 6:230g (1) (j) of the Dutch Civil Code, namely: a method of sale in which movable goods or services are offered by a Seller by means of a transparent competitive bidding procedure led by an Auctioneer and in which a Bidder may attend the Auction in person or has the opportunity to do so, and in which the winning Bidder undertakes to purchase the goods or services;

Realization of Sales Agreement outside of an Auction
If there is no Auction, the Sales Agreement comes into existence when a Bid from a Bidder is accepted by The Collectables on behalf of the Seller.

If the Buyer fails to pay the invoice (on time), the Buyer will be in default towards the Seller (and as far as the Auction costs are concerned towards The Collectables) and the Seller (and The Collectables) will be entitled to compensation of the reasonable costs (which in principle will consist of the missed surcharge and additional costs) for obtaining payment out of court (collection costs), in accordance with the legal regulation norming collection costs.

Article 17. Applicable law and jurisdiction

17.1
The Terms, the use of our Online Platform and any disputes arising from them are governed exclusively by Dutch law.

17.2
Any disputes arising from use of our Online Platform or these Terms will be submitted to the competent court in Amsterdam. As a consumer, and if consumer law permits, you may apply to another court. You must do so within 1 month after The Collectables has been notified of the dispute, by choosing an alternative court.

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