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General conditions and terms

Notice: because our company is located in the Flanders region of Belgium, the Dutch text will, in case of doubt about this translated text, always takes precedence over this translated text.

  1. By registering and bidding, each user/buyer accepts our terms and conditions.
    Only the Dutch version of the following sales conditions is legally valid.
    Any translations are for informational purposes only.
  2. Only Belgian law applies to these general terms and the legal relationships that arise concerning the auction.
    Rovac BV organizes the auction according to the rules of the Belgian civil and judicial code except where deviations are made in these conditions.
    If any party, being buyer/seller, makes a deviation or deletion to our standard terms and/or contracts, these must be initialed by both parties to have an agreement of deviation, otherwise, this deviation is null and void.
  3. You must register on www.rovac.be to participate in the online auction.
    All the data you enter will not be released to third parties.
    This is in accordance with the privacy law. The general terms are connected with our Privacy Policy, which can be read at this link https://rovac.be/privacy-policy.
  4. Your registered data is filled in truthfully and also your billing information is final after registration.
    Some of these data can no longer be changed by the registrant afterward.
    If you have a VAT number, you are required to provide it.
    All administrative adjustments to the invoice generated by our system and at the request of the customer are chargeable.
  5. Rovac BV and the bailiff reserve the right to immediately block a user in case of improper use of the bidding site and/or in the event of disputes.
    If false data is found to have been entered by the user, the registrant may be prosecuted for forgery.
  6. Rovac entire organization of the auction is carried out by Rovac BV, on behalf of trustees, lawyers, notaries, bailiffs, administrators, or third parties, unless otherwise stated.
  7. Each bid placed by the buyer is irrevocable and without reservation.
    All goods are sold in the condition in which they are found (whether used or not), and this is seen by the buyer during the viewing days, there is no question of distance buying.
  8. Each acceptance of a bid is always subject to approval.
    The transfer of ownership can take place at the earliest upon payment and collection of the goods.
  9. Rovac BV, the bailiff, and/or lawyer/trustee are always authorized to withhold lots. They can also reject any bid that is considered too low.
    The entered opening bid does not imply any acceptance of a possible final bid.
  10. Rovac BV cannot be held liable for any technical problems.
    For this, the user agrees to the problems that may arise during an internet auction.
  11. Each auction closes on a predetermined day and time, indicated per auction and per lot.
    Per page of 25 lots, the auction always closes 10 minutes later.
    If a bid is made in the last 5 minutes before the end time of a lot, the time is always extended by 5 minutes until no new bids are made.
  12. Rovac BV has the right to:
    - extend any auction by 24 hours, provided that each bidder is informed 24 hours before the auction expires.
    - cancel, terminate, and/or extend an auction.
  13. The buyer must settle the total amount due no later than 24 hours after receiving the proforma invoice of the sale to the account number provided to you (third-party account Rovac Auctions: BE25 0689 0566 5482).
    The amount to be paid by the buyer includes 17% buyer's premium and is increased by 21% VAT.
    After receipt of payment, you will receive the paid invoice on your online account.
  14. When the amount payable by the buyer has not been paid within the specified period, Rovac BV may request compensation:

    → for entrepreneurs (i.e., when the buyer provides a company number):

    compensation (not cumulative)
    of 10.5% on the sale amount above €25,000.00 (with a minimum of €2,750.00)
    of 10.5% on the sale amount between €5,000.00 and €25,000.00 (with a minimum of €750.00)
    of 10.5% on the sale amount up to €5,000.00 (with a minimum of €100.00)

    default interest
    at the interest rate applicable under Article 5 of the Law of 2 August 2002 on combating late payment in commercial transactions on the outstanding amount, starting from the day on which the payment should have been made until the day of full payment.

    Payments will first be deducted from the costs, then from the interest and compensation, and finally from the purchase price.
    In this case, the sales agreement will also be immediately declared dissolved.

    → for individuals (i.e., when the buyer does not provide a company number):

    In case of non-payment of the invoice, a penalty clause will be charged:
    *€20.00 if the invoice amount is less than or equal to €150.00
    *€30.00 + 10% of the invoice amount on the tranche between €150.01 and €500.00 if the remaining invoice amount is between €150.01 and €500.00
    *€65.00 + 5% of the invoice amount on the tranche above €500.00 with a maximum of €2000.00 if the remaining invoice amount is more than €500.00
    This penalty clause is only enforceable 14 days after sending the first reminder.

    default interest
    at the legal interest rate on the outstanding amount, starting from the day on which the payment should have been made until the day of full payment.
  15. In case of dissolution of a sales agreement, a new sale will take place at the expense of the initial buyer, who will be held liable.
    The initial buyer will be responsible for the actual costs associated with the resale and its organization and will also be responsible for the difference in the new sale price, but will not be able to claim the price difference if it is higher.
  16. The sold lots remain the property of the seller until the full sale price has been paid, unless paragraph 18 comes into effect.
  17. The purchased lots are collected by the buyer or an appointed third party at the auction location, announced at the opening per auction on our website www.rovac.be.
    We ask the buyer to always respect this collection date and place, be present, and take responsibility.
    Rovac BV can also, in consultation with a specific buyer, allow collection at a later time because other lots must first be removed (this is very exceptional!).
    A new collection date is set only in writing online and via email.
    Additional collection days incur additional costs for the buyer, with a minimum of €10.00. Our handling, transport, and storage are also not free; our auction warehouse is not a collection and storage point.
    In case of non-payment/collection, you will be formally notified by the bailiff with additional legal costs, and you will still have to pay this amount and can no longer claim the purchased goods!
  18. If the buyer fails to collect the lots at the indicated collection location, time, and date, the buyer can no longer claim the goods, and the invoice must still be paid.
    Rovac BV can also charge the buyer additional costs for any disassembly, removal, and destruction of the uncollected goods.
  19. Rovac BV cannot be held liable for any damage resulting from the disassembly of the lots during the collection of the goods by the buyer.
    Rovac BV limits assistance during the collection of goods on the collection days, and the buyer is responsible for providing the necessary equipment, suitable transport, and own staff (helpers).
    The buyer must also fully insure themselves against all responsibility for the dismantling of goods and their transportation.
  20. Each buyer is personally liable if he/she/they cause damage to goods purchased by third parties.
    Damage to buildings must also be avoided; if it turns out that a buyer has caused damage to a building, he/she/they will be responsible for repairing the damage.
    In case of dismantling outside the collection days (exceptionally), Rovac BV will request a security deposit to cover any damage caused.
  21. Rovac BV and/or bailiff and/or lawyer/trustee and/or seller can in no way be held liable for hidden or visible defects in the goods/lots.
    The buyer is expected to be fully informed about the condition of the goods, having seen them during the viewing days at the place of sale.
  22. The seller and/or Rovac BV cannot be held liable for any damage that may result from events after the purchase or the improper use of the purchased goods.
  23. The liability of Rovac BV is always limited to the value of the bid of the person invoking the liability and can never amount to the actual value of the good or the bid of a third party on a good.
  24. Rovac BV provides as accurate a description as possible of the lots.
    Therefore, the buyer is expected to have been present on at least one viewing day.
    Everyone is present at their own risk on the viewing and collection days.
    All photos of the lots are purely illustrative.
    The buyer declares to be aware that the goods of the lots may possibly be subject to rights (of intellectual property) held by third parties and is aware that any ownership rights resting on the goods are not indicated in the description nor do they belong to the sold lot.
  25. Rovac BV and/or the bailiff do not provide any warranty of any kind regarding the lots and any claims by third parties thereto.
    The buyer waives all rights that do not accrue to the buyer by mandatory law.
  26. Rovac BV reserves the right to amend these general terms if necessary.
    All changes take effect immediately when the customer logs in again.
    The new terms replace all previous general terms unless expressly stated otherwise.
  27. If any part of these provisions is found to be invalid or unenforceable, that part should be interpreted (in accordance with applicable law) in such a way that the original intentions of the parties are as much as possible expressed, and the remaining parts remain fully valid and in force.
    The invalidity of any of these provisions does not affect the remainder of the general terms.
    Any unclear provision will be interpreted in favor of the seller.
  28. Wherever the residence and/or place of business of the buyer-bidder is located, in the event of disputes or disagreements, only the courts of the district of West Flanders have jurisdiction.

Registered office:
ROVAC Immobiliën BV
Marktstraat 55
B - 8870 Izegem

Tel. +32 (0)51 31 12 45
E-mail: info@rovac.be
KBO BE 0749 539 685