Automotive Auctions portal

1. Definitions

In these terms the following definitions apply.

Operator: [company name], established at [address], registered with the Dutch Chamber of Commerce under number [Chamber of Commerce number], which operates the portal.
Portal: the web application at portal.automotive-auctions.nl, including the e-mails and text messages sent from it.
User: any natural or legal person who has an account for the portal or otherwise uses it.
Customer: a user who submits one or more vehicles through the portal to have them auctioned.
Auction platform: the external online auction platform on which a vehicle is offered, such as Troostwijk Auctions or Auction Experts.

2. Applicability

These terms govern the use of the portal. The auction of a vehicle itself is governed by the agreement you conclude with the operator for that assignment and by the terms of the auction platform on which the vehicle is offered. If these terms conflict with that agreement or those platform terms, the agreement or platform terms prevail with regard to the auction.

3. Your account

To use the portal you need an account. You can register with an e-mail address and password or sign in with your Google account. New customer accounts are reviewed by the operator before they are given full access. The operator may refuse, suspend or close an account if there is reason to do so, for example in case of misuse or incorrect information.

You provide correct and complete details when registering and keep them up to date.
Your account is personal. You do not share your login details with others and you keep them secret.
You are responsible for everything that happens under your account, unless you can show that you were not at fault.
If you suspect that your account is being misused, you inform the operator as soon as possible.

4. Use of the portal

The portal is intended for submitting vehicles for auction, following the auction process, exchanging documents and messages with the operator, signing agreements and handling payments. You use the portal only for that purpose and in a lawful manner. In particular, you will not:

provide false or misleading information or upload content that infringes the rights of others;
attempt to gain access to accounts, data or parts of the portal that are not intended for you;
circumvent or test the security of the portal, or overload it with automated requests;
upload files that contain malware or otherwise harm the portal or its users;
copy, scrape or reuse content from the portal for purposes other than your own assignment.

5. Vehicle information and photos

The information you provide about a vehicle forms the basis of the auction listing. Buyers rely on it. By submitting a vehicle you guarantee the following.

You are the owner of the vehicle or are authorised by the owner to have it auctioned, and the vehicle is free of liens, attachments or other claims unless you have stated otherwise.
The details you provide, including licence plate, chassis number, mileage, options, condition, damage and the VAT or margin status, are correct and complete to the best of your knowledge.
The photos and documents you upload show the vehicle truthfully and you hold the rights needed to use them.
You grant the operator and the auction platform the right to use the photos, descriptions and documents for the listing, promotion and settlement of the auction.

The operator may check the information you provide, for example against public vehicle registers, and may ask you for additional information or evidence. Incorrect or incomplete information can lead to a vehicle being withdrawn from an auction, to a sale being reversed and to liability for the resulting damage.

6. The auction process

The portal guides you through the steps of an auction assignment, from submission and intake to the auction result and settlement. The auction itself takes place on the auction platform, under that platform's rules. Bids placed there are binding in accordance with those rules. After the auction the portal informs you of the result. Where the agreement for your assignment allows it, you can then decide through the portal whether to accept the highest bid or to have the vehicle re-auctioned.

Deadlines shown in the portal, such as the closing time of an auction or the period for making a decision, are binding. If you do not respond within a period set by the operator, the operator may take the step described in the portal for that situation.

7. Services, fees and payment

The fees for an auction assignment are set out in the agreement for that assignment. Through the portal you can also order optional services, such as transport, cleaning or a battery health report. The price of an optional service is shown in the portal at the moment you order it and includes VAT unless stated otherwise. Payment requests are issued through the portal and are paid through our payment provider. Amounts are due within the term stated on the payment request. If you fail to pay on time, the operator may suspend the assignment and charge statutory interest and collection costs.

8. Electronic signing

Agreements and forms can be signed electronically through the portal. An electronic signature placed in this way has the same legal effect as a handwritten signature. Before signing, you check that the document is correct and complete. Signed documents remain available to you in the portal.

9. Availability and changes to the portal

The operator makes reasonable efforts to keep the portal available, but does not guarantee uninterrupted or error-free operation. The portal may be temporarily unavailable for maintenance or because of circumstances beyond the operator's control. The operator may change, expand or discontinue functions of the portal. Where a change materially affects your use, the operator will inform you in advance where reasonably possible.

10. Intellectual property

All rights to the portal, including its software, design, texts and trademarks, belong to the operator or its licensors. You receive a personal, non-transferable right to use the portal for the purpose described in these terms. You retain the rights to the photos, descriptions and documents you upload, subject to the right of use described in section 5.

11. Liability

The operator is not liable for damage resulting from incorrect or incomplete information provided by you, from the temporary unavailability of the portal, from the acts or omissions of the auction platform or other third parties, or from unauthorised use of your account. The operator's liability for other damage is limited to direct damage and to the amount of the fees paid for the assignment concerned. This limitation does not apply in case of intent or gross negligence on the part of the operator, and it does not affect rights that consumers have under mandatory law.

12. Ending your use of the portal

You can stop using the portal at any time and ask the operator to close your account. The operator may suspend or close your account if you breach these terms, if there are indications of misuse or fraud, or if the operator is required to do so by law. Assignments that are already in progress are completed in accordance with the agreement for those assignments. After your account is closed, your personal data is handled as described in the privacy policy.

13. Privacy

The operator processes personal data in accordance with the privacy policy, which you can find via the link at the bottom of the login page. The privacy policy forms part of these terms.

14. Changes to these terms

The operator may amend these terms. The date at the top of this page shows when they were last changed. Material changes are announced through the portal before they take effect. If you continue to use the portal after a change has taken effect, you accept the amended terms.

15. Applicable law and disputes

These terms and the use of the portal are governed by Dutch law. Disputes are submitted to the competent court in [place of jurisdiction], unless mandatory law designates another court. Before going to court, the parties will try to resolve the dispute together.

16. Contact

If you have questions about these terms, contact [company name] at [e-mail address] or by post at [address].