DS Auctions

Article 1 - Payments

From the moment a Client has been appointed as Buyer, the latter shall have to pay the complete Purchase Amount, or by transfer on the account number of DSAuctions.eu, as communicated on the Website and/or Folder and/or Particular Conditions, or by Bank Cheque in favour of DSAuctions.eu, or by any other approved payment method by DSAuctions.eu as made knowable on the Website and/or Folder and/or Particular Conditions. All payments have to be made in Euro. If payment is made in another currency than the Euro, the Buyer shall be bound to pay any conversion cost. The payment of the Purchase Amount has to be made within one business day after definitive allocation. Buyers from outside the European Union are not allowed to pay in cash or by Bank Cheque. If payment is not received at a Sale by DSAuctions.eu within the aforementioned period or within the period as described in the Particular Conditions, the Buyer shall be bound to pay late payment interest at a rate of 9,5% yearly on top of the Purchase Amount. Or if payment is not received with a Sale by DSAuctions within the aforementioned period or within the period as described in the Particular Conditions, the regulations concerning termination - as mentioned hereinafter - will be applicable. DSAuctions.eu and/or Customer are free to choose which aforementioned method they want to use.

In case of refusal from or insolvency of the Buyer to proceed with the payment of the Purchase Amount (hereinafter referred to as the "Terminator") DSAuctions.eu and/or Customer may choose to or to allocate the Lot to the Second highest Client, or to replace the Lot in a Public Sale. The Terminator shall be liable for any damage, amongst which, but not limited to, the cost relating to a new Sale and the difference between the then received highest Bid and the Bid from the Terminator. DSAuctions is entitled to erase and/or avert the Terminator from his files.

An EU-Buyer shall not be obliged to pay any VAT on the purchase of one or more Lots in case the EU-Buyer can deliver to DSAuctions.eu, at the collection of a Lot, a written declaration in best of his knowledge concerning the transfer of the Lot outside the boarders wherein the Sale has taken place (also known as an "intra-community" traffic). Non-taxpayer Buyers, being private persons, and non EU-Buyers, being legal entities from outside the European Union, are bound to pay VAT on a purchased Lot. VAT paid by non EU-Buyers will be refunded within 15 days after the submission of a valid export document.

After integral payment of and receipt of the Purchase Amount an invoice or allocation document, per Lot or per combined Lots, shall be issued by DSAuctions.eu on the delivery date of a Lot, as mentioned hereinafter in article 7 of the Auction Conditions. In case an allocation document is issued a definite invoice shall be issued by Customer and shall be sent on to the Buyer at the last known address by DSAuctions.eu and/or Customer.

The ownership title shall pass to the Buyer as soon as the Purchase Amount has been paid to and was received by DSAuctions.eu, integrally and without any restrictions.

Article 2 - Collection/Delivery

When a lot is attributed, the buyer receives an attribution document. This document contains the description of the lot which lot has been attributed, with the payment conditions and mention of reference and account number. This attribtuion document can always be canceled unilaterally by DSAuctions at any time.

As soon as the Buyer has fulfilled its payment obligations as described in Article 6 of these General Auction Terms and Conditions (Article 1 of the Special Conditions), the Buyer will be able to collect the Lot.
In the case of a Lot auction, the Buyer must collect the Lot within five (5) working days after final allocation at the offices of DSAuctions or any other place where the Lot is at that moment.
With regard to a Group auction, the Lots must be collected within the period as described in the Special Terms and Conditions.
If a Lot is not picked up by the Buyer within the specified period, DSAuctions and / or the Client is entitled to move, store, deliver and / or collect the Lot at the expense and risk of the Buyer.

If one or more Lots make the collection of other Lots difficult and / or impossible, DSAuctions and / or Client will call the Buyer of the first mentioned Lots by e-mail and / or registered mail and / or simply write, on the DSAuctions and / or Client last known address, to pick up these Lots immediately, as specified in the aforementioned letter.

The Buyer shall remove the Lot in an expert and sufficiently caring manner, without causing damage to buildings and / or other Lots, and at his expense and risk. The Buyer is liable for any damage of any kind during the removal and is also liable for its employees, subcontractors, agents and / or helpers.

All costs associated with any evacuation, transport, disassembly, demolition and any other costs of resale and / or removal of a Lot shall be borne by the Buyer.

No grinding, welding, disassembly work or other work may be carried out until after obtaining a written agreement from DSAuctions and / or Client and the Buyer can demonstrate in writing that he is sufficiently insured against any possible damage. DSAuctions and / or the Client are entitled to demand a deposit from the Buyer prior to the collection of the Lot if, in the opinion of DSAuctions and / or the Client, this is necessary to obtain certainty regarding the payment of any potential damage.

If one or more Lots can not (be) collected because of a claim made by a third party and / or the collection could cause unacceptable damage to buildings and / or grounds on which, or in which, the Lot is located, and / or the removal can be regarded as somewhat problematic, DSAuctions and / or the Client are entitled to dissolve the Sale of one or more Lots. DSAuctions and / or the Client will inform the Buyer by registered mail and DSAuctions and / or the Client are not obliged to refund the monies received by them with regard to the Sale of these Lots.

Article 3 - Non On-line Registration at a Public Sale

It is possible to participate at a Public Sale without Registration provided that the participant is able to provide sufficient identification. For private persons a valid identity card is required, for legal entities a valid VAT-number and/or registration number is required together with a document that demonstrates that the participant can legally commit that legal entity (proxies, Memorandum of association, etc.).

The public servant, present at a Public Sale, disposes of the possibility to verify the identity data of a potential participant via external databases etc.. DSAuctions and/or Customer can refuse the participation of a potential participant without providing any reason.

DSAuctions is entitled to store the provided Personal Details from the potential participant and to Register that participant.