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GENERAL AUCTION AND SALE CONDITIONS FOR EPIC AUCTIONS B.V. REGISTRATION NUMBER CHAMBER OF COMMERCE: 59458755

Scope of application

1. These terms and conditions apply to online auctions as well as live auctions.
2. These terms and conditions apply to the legal relationship between Epic Auctions on the one hand, and contributors to and users of the website of Epic Auctions, or buyers, on the other. Parties may only deviate from these terms in writing.
3. General or special terms and conditions added by the contributor and/or user will not apply to these terms and conditions under any circumstances.

Contributor

1. The contributor may supply goods for an online auction or a live auction.
2. The goods must be accompanied by one or several recent photographs, an accurate written description of the goods and a recent inspection report, unless otherwise agreed. The contributor is responsible for ensuring that these documents are complete and accurate.
3. Once a contributor supplies goods for an auction, he/she will no longer be allowed to vend these goods to a third party by any means other than the auction.
4. The contributor will receive the purchase price within ten days of Epic Auctions receiving it from the buyer.
5. The contributor indemnifies Epic Auctions from claims from the buyer regarding (hidden) damage.
6. The contributor will deliver the goods for inspection or delivery at a location determined by Epic Auctions on the first request. The contributor is responsible for insuring the goods until they have been delivered to the buyer.

User rights

1. Users of the Epic Auctions website may bid for lots via an online auction.
2. The user must be of age. Furthermore users are excluded from bidding if they have been granted a suspension of payment, have been declared bankrupt or are under legal or financial restraints.
3. Users must register before participating in an auction. Registration occurs by filling out a questionnaire on the Epic Auctions website. Moreover, users must specify whether they will be operating as a private person or an entrepreneur. By registering, the user declares that he/she is familiar and in agreement with the specific context of online auctions.
4. After registering, the user will be given access to part of the auction site and will be entitled to act as a bidder.
5. If viewing days are organized, the user has the right to view the goods being auctioned at said viewing day(s), and to investigate or obtain information regarding the condition of the goods.

Bids

1. The user accepts that bidding is irrevocable. Conditional bids may not be placed. A bid cannot be revoked or retracted.
2. If a bid is accepted and leads to allocation as specified by Article 6 of these terms, the bid will be augmented by the buyer’s premium percentage as stated beforehand and/or specified on the website, and, if applicable, by VAT.
3. The user is responsible for having the financial means to pay the amount of the bid when augmented by the buyer’s premium and VAT, at the time of the bid being accepted. If the user does not have this amount at his/her disposal, he/she will be liable for consequential damage on the part of the contributor/vendor and Epic Auctions.

Auction procedure

1. Epic Auctions reserves the right to exclude users from an auction. Epic Auctions also has the authority to reject a bid.
2. Users are obliged to follow instructions and directions given by Epic Auctions with regard to the auction.
3. Unless otherwise specified, sales will take place by auction (highest bid).
4. The opinion of Epic Auctions regarding everything that has taken place during an auction is binding to all those involved.

Purchase agreement

1. A purchase agreement is effected by written allocation. This allocation may be conditional in certain situations, as specified in Article 6 (e) of this Article. Epic Auctions will allocate the purchase to the user who places the highest bid and meets all the conditions.
2. The user buys the goods in the condition they are in at the moment of delivery. Epic Auctions or its principal cannot be held responsible for visible or invisible damage. No guarantees will be given, unless specifically stated in writing.
3. Epic Auctions is never a party in a purchase agreement. The company merely acts as an agent in establishing purchase agreements.
4. Liability for the goods purchased transfers to the user at the moment of delivery. The user must insure these goods immediately.
5. In some cases, a purchase agreement may require the permission of a third party. This may occur if a sale is made on behalf of a receiver in the event of bankruptcy. In such situations, the purchase agreement will only be agreed once the required permission has been granted.

Delivery

• Ownership of the goods transfers to the user on delivery, assuming the purchase price has been paid.
• If it has been agreed that delivery will be made on partial payment of the purchase price, the goods will be supplied subject to retention of title. Ownership will be transferred when Epic Auctions receives full payment.
• Insofar as software is included with the goods, this will be provided without licences unless otherwise stated.
• Goods will be delivered to a location designated by Epic Auctions.

Payment

1. Epic Auctions will provide the user with a sales invoice consisting of the bid, augmented with the buyer’s premium, the fee for services performed by Epic Auctions on the buyer’s orders and VAT. This invoice will be sent digitally.
2. The invoice must be paid in full before the goods may be collected.
3. Payment should be made without discounts or settlements.
4. If the user fails to pay the invoice, or does not pay on time or in full, the user will be in default by operation of law. From that moment onwards, interest will be due at the statutory interest rate or, in the case of a trade agreement, at the statutory commercial interest rate.
5. If the user fails to meet his/her payment obligation, or does not pay on time or in full, he/she will be liable to pay the extrajudicial costs. The extrajudicial costs will consist of a minimum of 10% (ten percent) of the remaining sum. Moreover, the user will be fined 20% (twenty percent) of the purchase price, in addition to compensation as stipulated in Article 4(c) of these terms and conditions.
6. If the user fails to meet his/her payment obligation, or does not pay on time or in full, Epic Auctions is authorized to auction the goods a second time or allocate them to the second highest bidder.

Delivery

1. When the user has paid for the goods and met all other obligations, he/she may collect the goods or have them collected at a location determined by Epic Auctions. If the goods are not collected on time, the user/buyer will be liable for any consequential damage that may occur.
2. The person collecting the goods must provide proof of identify. If the person collecting the goods is not the user, he/she must be able to produce authorization from the buyer.
3. If Epic Auctions and the user have agreed that the goods are to be delivered at an address specified by the user, the goods will be delivered to that address at the risk and expense of the user.

Termination

1. Epic Auctions is authorized to terminate the agreement with the contributor/vendor or user/buyer respectively, with immediate effect in the event of: Bankruptcy or suspension of payment of the contributor or user respectively;

• The contributor or user failing to meets his/her obligations under the terms of the agreement, after having been given written notice of default;
• The contributor failing to supply the goods, or failing to supply them on time;
• The user not paying for or collecting the goods on time.
• In the event of the contributor being in default, he/she will be liable for all damage incurred by the user/purchaser and/or Epic Auctions. In the event of the user being in default, he/she will be liable for all damage incurred by the vendor and/or Epic Auctions. Any loss of profits on the goods will count as damage incurred by the vendor.

Liability

1. Epic Auctions accepts no liability for any damage whatsoever, however it may occur. This includes damage resulting from failure or malfunction of the auction website. Epic Auctions cannot be held liable for indirect or consequential damage.
2. Insofar as Epic Auctions can be held liable, this liability is limited to a maximum of the amount of the bid placed by the user.
3. The contributor/vendor of the goods cannot be held liable for visible and non-visible defects in the goods. Before making a big, the user must investigate this matter on the basis of the description of the goods, the available photographs and the inspection report, or, in the case of a private viewing, on the basis of personal inspection.
4. Both contributor and user respectively indemnify Epic Auctions against all claims from third parties.

Miscellaneous

1. Dutch law applies to all legal relations between Epic Auctions and the contributor or user respectively.
2. Any disputes stemming from or relating to agreements between Epic Auctions and the contributor or the user respectively, will be put before the Oost-Brabant District Court in ‘s-Hertogenbosch.
3. If any part of the stipulations in these terms and conditions is declared null and void, this does not bar the validity of the remaining stipulations. In the event of nullity, parties must agree a replacement stipulation, which corresponds as closely as possible with the original stipulation.