General Conditions
These general terms and conditions are published in Dutch, French, German and English. In the event of interpretation of a provision or discrepancy between one or more versions, the French language version takes precedence over the others.
TERMS AND CONDITIONS - ONLINE SALES - CLICPUBLIC
1. Definitions.
a. Terms and conditions :
The present general conditions govern the contractual relations with Clicpublic except express derogation defined in specific conditions.
b. Specific conditions:
Specific conditions may supplement or derogate from these general conditions.
Specific conditions are always expressly approved by the parties before any contractual commitment.
In the event of any difference between the said specific conditions and these General Conditions, in principle, the provisions of the specific conditions prevail over the General Conditions unless stipulated otherwise. A derogation from one or more of the provisions of these General Terms and Conditions is only allowed on production of express written proof. The other provisions of these conditions then remain in force as is.
c. Clicpublic:
S.R.L. Clicpublic, whose registered office is at Rue du Bosquet 21, 1400 Nivelles, registered under company number 0501.706.962.
S.R.L. Clicpublic also has a branch established in the Grand Duchy of Luxembourg for sales organised on Luxembourg territory at the request of Luxembourg sellers.
Clicpublic Luxemburg
8, Zone d'Activités Économiques Hall 4| L-8287 Kehlen |Luxembourg
RCS : B247756 | TVA : LU32618500
d. Visitor:
The natural or legal person who visits the Website www.clicpublic.be or www.clicpublic.lu without registering as a member.
e. Seller:
The natural or legal person, acting as a professional or an individual (vacant estates, provisional administration, sale of collector's vehicles) who puts on line for the auction a lot published on the Website or any other electronic portal of Clicpublic
f. Lot:
A good or a set of several goods under the same lot number, which is put on sale on the website or any other electronic portal of Clicpublic.
g. Global Lot:
Lot made up of all the lots present in a sale.
h. Offer:
The amount proposed by a member for a lot or set of lots offered for sale on the website or any other electronic portal of Clicpublic.
i. Member:
The natural or legal person who registers as such via the website www.clicpublic.be or www.clicpublic.lu . Only a member may, after registering and identifying, make an offer to purchase one or more lots for sale.
j. Buyer :
The member to whom a lot or set of lots has been awarded and / or with whom a contract of sale has been concluded.
k. Crazy auction:
Offer made recklessly and to which the offering member cannot satisfy.
l. website or site
In Belgium: www.clicpublic.be
In the Grand Duchy of Luxembourg: www.clicpublic.lu
2. Scope.
2.1. These Terms apply to any visitor, member, seller or buyer in connection with Clicpublic in the context of online sales both for sales in Belgium and the Grand Duchy of Luxembourg. The applicability of conditions other than these conditions is excluded except under specific derogatory conditions expressly approved by the parties before any contractual commitment.
2.2. By using the website or any other electronic portal of Clicpublic and / or passing offers / accepting the offer, the visitor, the buyer, the member or the seller accepts these Terms and Conditions and all other rights and obligations as they appear on the website.
2.3. If the present conditions have been modified in the meantime, the modified version applies as soon as the modification takes effect, at each sale to be organized or organized and / or each sales contract established.
2.4. If and to the extent that any provision of these Terms is void or cancelled, the remaining provisions of these Terms remain in effect.
2.5. If a provision of the contract of sale between the seller and the buyer (including the provisions of these terms and conditions, to the extent that these are part of it) is unlawful, invalid or unenforceable, this will not alter or diminish in any case the validity, legality and feasibility of the other provisions.
2.6. The present conditions open to the seller the right vis-à-vis the buyer to recourse to these Conditions.
3. Conditions for submitting bid
3.1. Only a member can propose an offer on the Clicpublic website.
To obtain this status, visitors must register with Clicpublic using the online registration form. By filling in the form, the visitor explicitly gives Clicpublic permission to save his personal data in a file and to use it for purposes as stipulated in the privacy policy.
3.2. The visitor is required to correctly and properly complete the data requested in the form, and to certify that the data he has provided is accurate and complete.
3.3. To obtain membership status, in the case where the visitor is a self-employed person or a company, the latter must provide his CBE number (Kruispuntbanknummer- Central Database for Enterprises) in Belgium or its registration number in the Grand Duchy of Luxembourg .
3.4. Each Member must inform Clicpublic in writing of any changes to the data already registered or modify their data via their personal account. The member will not be able to modify his CBE number.
3.5. The fact of informing false information to Clicpublic is a cause of exclusion of the member.
3.6. Clicpublic is authorized to check the identity of the member via external databases and to verify the accuracy of the data provided during registration. Clicpublic can also control the location from which the member is connected via its IP address (Internet protocol address) and / or its email address.
3.7. All data entered by a member is the responsibility of the member. Data entered by a member cannot be changed during a sale once an offer has been posted.
3.8. A member may not, after submitting an offer, request that a Lot that was attributed to him would be subject of a reinvoicing to a third party, member or non-member
3.9. Clicpublic reserves the right to exclude any member who does not comply with the general or special terms and conditions of sale, who is guilty of theft to the detriment of CLICPUBLIC or its customers or who behaves inappropriately towards CLICPUBLIC's staff, customers or members.
CLICPUBLIC will notify the member of his or her exclusion by simple email, without prior notice and without having to justify said exclusion other than by invoking the said article 3.9. of its general terms and conditions.
4. Information about the lots – Visits
4.1. Information about the characteristics of the lots, including the technical descriptions based on the data provided by the seller accompanied by photos to illustrate the products, which are online, are selected with great care by Clicpublic, all within the limit technical possibilities and according to the best market standards. Clicpublic can never be held responsible for the content, accuracy or authenticity of a particular offer. This responsibility lies in its entirety to the member / buyer.
4.2. Clicpublic only acts as an intermediary (online) that provides an electronic portal for sales between the seller and the buyer. Clicpublic is only responsible for the correct and normal operation of its online portal system or website. Clicpublic bears no responsibility whatsoever regarding the content, the true state and the condition of completion of the offers.
4.3. All materials and merchandise are sold in the condition in which they are found, including any visible and hidden defects. Any responsibility of Clicpublic and / or the seller due to latent or apparent defects to the goods, is excluded.
The bidding / buying members are expected to have thoroughly inspected the assets to ensure the condition and nature of the goods before submitting offers. All materials and merchandise are sold without warranty, even in the event of non-compliance with the description of the condition, nature, weight, quantity or denomination in the catalog or on the website. Any mention of odometer or vehicle hours, the year of construction, the date of first registration or other technical or commercial specifications will be communicated for information only, without any guarantee or liability of the organization of the sale or its assistants.
Any faulty mention in the catalog or on the website can not lead to the cancellation or termination of the sale. Each member-bidder / buyer acknowledges being informed of the absence of an appeal or a claim for damages.
4.4. The buyer and the seller expressly agree that due to the nature of Clicpublic's activity, namely the sale of bankruptcy property or judicial reorganizations, articles 1649, 1684 and 2280 of the Belgian Civil Code and/or the Luxembourg Civil Code apply and are accepted by the buyer.
4.5. Each buyer declares to have seen the goods during the exhibition days and to have accepted them in the state in which they were. There is therefore no question of a distance contract within the meaning of Articles VI.45 and following of the Law of 21 December 2013 and/or articles 222-1 et seq. of the Grand-Ducal Regulation of 02/04/2014.
4.6. The buyer and the seller expressly agree that because of the nature of Clicpublic's activity, namely the sale of bankruptcy property or judicial reorganizations, art. VI. 47. § 1. of the law of 21 December 2013 and/or articles 222-1 et seq. of the Grand-Ducal Regulation of 02/04/2014 do not apply.
4.7. A buyer who purchases goods from Clicpublic or its principals agrees that all the goods are "used goods". The buyer expressly agrees with the fact that the property that was present in the exercise of the activity of the company bankrupt or subject to a judicial reorganization, are goods that have already been used in a normal way, whether or not they show signs of use.
4.8. The information, the illustrations, the verbal communications, the indications concerning the offers and the main characteristics of the Offers transmitted by telephone or by e-mail, will be reproduced and given with as much precision as possible without this information being able to engage Clicpublic.
4.9. Unless otherwise stated, the lots offered for sale are not the property of Clicpublic but belong to the seller.
4.10. On the day (s) of visit, any person has full access at his / her own risk to buildings or land in or on which visits are organized. Any person accessing these places is required to observe the instructions of the Seller, Clicpublic and / or persons designated by Clicpublic.
Clicpublic incurs no liability for any prejudice that may result from access to the buildings and lands concerned.
5. Special financial guarantee
For participation in certain sales or auctions on certain lots, Clicpublic may require a bank guarantee in its favor, prior to this offer from a member wishing to make an offer.
6. Use of the website - disclaimer
By registering on the Clicpublic website, all members declare to know and accept the special circumstances of an online / Internet sale as well as the technical imperfections that may occur.
Clicpublic excludes in this regard any liability for any direct or indirect harm, occurring in any way, including, without limitation, any prejudice resulting from the use of the Website, except if it is a matter of intentionality or if there is deliberate imprudence on the part of Clicpublic.
More specifically, Clicpublic disclaims all liability for any prejudice, which may occur in one way or another due to and / or arising:
• the impossibility of using the website and / or any other failure of the website or the underlying system;
• errors in the software of the website and / or the underlying system;
• the illegitimate use of the systems, including the website, by a third party;
7. Cancellation - extension - force majeure
7.1. Clicpublic reserves the right to cancel a sale, to terminate it before the date mentioned on the website or to extend it.
7.2. In the event of a technical breakdown of the Website, the latter is therefore no longer fully accessible and / or more accessible to all members, Clicpublic has the right to extend the auction by 72 hours compared to the closing moment announced.
7.3 In case of force majeure, Clicpublic is not obliged to respect its obligations towards the other party. Clicpublic is entitled to suspend its obligations during the duration of the case of force majeure. Force majeure is understood to mean any circumstance beyond its control preventing all or part of the fulfillment of its obligations to the other party.
7.4. In case of human error, Clicpublic is not bound to respect its obligations towards the other party and can cancel the sale, at any time.
In addition, according to Article 1148 of the Luxembourg Civil Code, there is no right to damages when, as a result of force majeure or a fortuitous event, Clicpublic was prevented from giving or doing what it was obliged to do, or did what it was forbidden.
8. opening - closing of the sale
Once an offer is placed by the Seller on the website of Clicpublic, bidders can bid from the day and time mentioned for the opening of the sale and at the latest until the day and the time mentioned for the closing of the sale.
9. Proposed price
9.1. All prices are in euros (sometimes in international currencies like the GBP Pound Sterling or USD Dollar). They include VAT and all other taxes as well as the costs of the sale. Known or obvious errors in the indication of the price like obvious inaccuracies for example, can be corrected by Clicpublic even after the realization of the contract.
9.2. Any delivery costs that would be borne by the buyer in addition to the sale price are explicitly indicated on the website for the relevant lot.
9.3. In certain cases, contractual information may also specify certain methods of payment, more specific conditions applicable and relating to the method of delivery and / or any specific charges applicable to a sale.
10. VAT
10.1. All buyers are liable for VAT.
10.2. Buyers who are nationals of the European Union (hereinafter referred to as the EU) who have a valid and controllable VAT number in their country of origin, will be reimbursed VAT after acceptance of the VAT number by the Ministry of Finance. These buyers must at the time of the removal of the goods draw up a written declaration relating to the dispatch of the goods outside Belgium.
10.3. Non-VAT EU buyers and non-EU (export) buyers still have to pay VAT. VAT paid by buyers outside the EU (export) will be reimbursed by Clicpublic, after presentation of a valid export document, and this within fifteen working days after allocation.
11. Bid
11.1. Any bid is unconditional and irrevocable. The member who makes a bid accepts by his bid the present general conditions of sale as well as the specific conditions of sale. He undertakes to buy the goods, put on sale, at the price of the bid he has proposed, as well as the selling expenses and Belgian or Luxembourg VAT. Any acceptance is always subject to the approval of bailiff and / or curator and / or sales agent.
11.2. If a bid is made during the last 5 minutes before the closing of the online sale, the duration of sale of this lot will be extended by 5 minutes, until the moment when there is no more launch of a bid.
11.3 If a Global Lot is offered for sale, the sale continues for this single Lot at the end of the sale of the individual Lots. The sale of this lot continues for a specified period of time.
11.4 The price of the Global Lot must be higher than the sum of all the bids of the individual lots increased by 10%. If the Global Lot finds a buyer, the individual lots will therefore not be taken by the highest bidders of these lots.
12. Procedure of the sale
Clicpublic is the only entitled, for the sole purpose of guaranteeing and ensuring the proper functioning of the sale, before, during or after it, and without having to justify to third parties:
• not to recognize an offer as such;
• exclude one or more potential buyers from the sale;
• to collect goods in batches, to divide this lots and / or to withdraw lots from the sale;
• interrupt, resume, extend or cancel the auction;
• to take any measures that she would consider indispensable;
13. Conclusion of the sale
13.1. A sales contract is deemed to be concluded when the seller decides to accept the buyer's bid and in case where the bid was made via the website, at the moment that a confirmation e-mail is sent by Clicpublic to the e-mail address indicated by the Buyer.
13.2. If the seller imposes a minimum allocation price excluding VAT and excluding sales costs, known as the "reserve price" and that it is not reached at the end of the sale, in principle, the lot will not be awarded. However, it could be with the agreement of the seller and without the buyer can invoke a price lower than the “reserve price” to withdraw.
13.3. Unless special conditions, the seller has the right, at the end of the sale, not to award the lot. The best bidder cannot claim any right following this decision.
13.4. Insofar as in the contract of sale, it is not Clicpublic but a third party intervening as a salesman, Clicpublic will not act, according to the contractual obligations which bind it to the salesman, either as simple service provider, either only as an intermediary as stipulated by articles 1984 and following of the Civil Code and/or the Luxembourg Civil Code. In the latter case, Clicpublic intervenes only in the name of and on behalf of the seller and there will be no contract of sale between Clicpublic and the Buyer. Unless otherwise stated, the sale takes place on the order of a third party.
13.5. Ownership of the good(s) purchased is transferred to the buyer at the time of the conclusion of the contract of sale but not until the buyer has paid to Clicpublic the full purchase price and any other amounts due, the amounts of which due to work performed or to be performed for the buyer and / or because of actions taken as a result of non-compliance with the sales contract.
13.6. The transfer of the risk (s) attached to the Lots purchased will take place as of the Assignment in the case of an Auction or the acceptance of the Offer in case of Direct Sale.
13.7. Invoicing takes place only after payment of the price and removal of the goods by the buyer.
14. Payment.
14.1. Payment method
The final price to be paid (including sales charges) is the price agreed by the parties (plus VAT and any transaction and handling fees). This is the price of the Final Bid. This sum must be paid to Clicpublic, within two (2) working days after the award of the bid to the buyer.
14.2. Electronic payment.
To ensure the security of online transactions Clicpublic can use recognized operators of online payment service (Worldline). Online payment is through a closed secure system, in which the bank data is encrypted when sent over the Internet (a secure SSL connection). The risk of loss or theft of identity data or credit cards is thus reduced by the measures taken by Clicpublic. Clicpublic will keep identity and credit card data for one (1) year in a database in an encrypted and secure environment.
14.3. Interest on late payment - penalty clause
Given the nature of Clicpublic's business, timely payment is essential. After the expiry of the period indicated, without the full payment has been made, the buyer is in default by operation of law. In the event of non-payment within the set deadline, interest at the rate of 10% per annum from the due date of payment shall be due by the buyer without prior notice. This annual interest of 10% can be converted to a monthly interest rate.
In case of late payment, the buyer will also be required to pay a lump sum equal to 15% of the invoice amount with a minimum of 100,00 EUR . All costs associated with collection of the amount to be paid are not included in this lump sum compensation and are charged separately to the buyer.
14.4. Termination to the sole prejudice and detriment of the buyer in default of payment.
In the event of a persistent failure to pay the full price by the buyer, Clicpublic may terminate the contract immediately, to the detriment of the buyer. In this hypothesis and if a part of the purchase price has been paid, Clicpublic will be able to keep this partial payment as indemnity for the termination the contract to the sole prejudice and detriment of the buyerbuyer.
In case of a crazy auction, the property concerned is not attributed to the member who made the crazy bid and who fails to pay, without for the latter to be able to claim neither the delivery , nor the eventual higher price. The property is then put up for sale. The resale for sale is done under the same conditions of sale. The member who remains in default is obliged to pay the difference between the purchase price he has proposed and the price of the re-award, without being able to claim the balance if the new sale reaches a higher selling price. This balance is returned to the seller. In addition, the bidder is obliged to pay the costs of negligence and the re-award, as well as other costs of any kind, without prejudice to damages for any reason whatsoever.
15. Collection, removal of the goods
15.1. All goods must be removed by the buyer. All goods purchased will be removed at the removal address mentioned on the website, unless expressly provided otherwise. L’acheteur est dès lors parfaitement informé du lieu d’enlèvement, en Belgique ou au Luxembourg. In certain specific conditions, it may be decided to proceed with a delivery by Clicpublic or its agents, under the responsibility and at the expense of the buyer. In this case, each possible delivery time will only be given as an indication.
15.2. The member who submitted the bid remains bound by his bid, even if a third party is indicated as a buyer. The goods which are not removed on the date fixed in the specific conditions of sale and without the prior written agreement of Clicpublic, will be, without notification, resold or removed from the buyer without the purchase price can be refunded.
15.3. The costs of evacuation and eventual destruction of this goods will be charged to the buyer. Anyone entering Clicpublic's domains and buildings does so at their own risk and responsibility, during the exhibition days and during the asset removal period. Anyone will respect the norms and instructions imposed by Clicpublic.
15.4. Buyers cannot dispose of their property before they are paid in full. Delivery of the goods takes place at the hours and at the days and at the address fixed by Clicpublic, as mentioned in the specific conditions of sale. Buyers who have acquired goods, which are in our stores and which make ithe removal of other goods difficult or impossible , must withdraw their goods on the first day of the removal without interruption. The buyers will be immediately informed by Clicpublic, by e-mail or in writing, in default of which, Clicpublic will be authorized to execute this withdrawal and this possible storage by thirds parties at the expense and the risks of thebuyerbuyer.
15.5. The buyer is required to take all measures to dismantle, remove or transport the goods. Clicpublic never helps with the withdrawal of the goods. Any damage to the goods is presumed to be known by the buyer himself unless proven by the actual buyer. Buyers must withdraw the goods purchased in accordance of standard practice, at their own expense and risk, without causing damage to the buildings, their goods or the property of others. The buyer is fully responsible for any damage. The responsibility for this removal is the sole responsibility of the buyer. The buyer is also responsible for his agents and collaborators during the removal of the goods. The buyer is responsible for each authorization or administrative formality required for the demolition or transportation of the goods. It is forbidden to burn, weld, polish on site or sand without havingsufficiently insured that no damage of any kind will be caused. If it is necessary to damage or modify buildings or other properties other than those that are sold, this can only be done after Clicpublic has given a written permission in accordance with the conditions laid down in the context of this authorization. If necessary, a guarantee can be requested to cover any damage. Clicpublic may decide that a specificproperty can be withdrawn only after the withdrawal of other goods.
15.6. In the event that the Buyer has not paid for all of its orders, all sales included, Clicpublic reserves the right to retain the assets not yet removed until full payment of the orders not paid by the Buyer.
15.7. If the buyer does not withdraw the goods, they will be transported to the building site of Clicpublic or, if necessary, destroyed at the expense of the defaulting buyer. Clicpublic reserves the right to pass on the damages and costs arising from the transport, dismantling and storage to the buyer ofwhom the purchase contract has been terminated.
15.8. Any goods not removed from storage on our premises will incur storage charges of :
- 20€ per day for vehicles (Motorbikes) <= 3.5 T
- 5€ per pallet for any other lot
- All others products on quotation
15.9. If the owner of the building or third parties are claiming rights on a specific good before the said good is removed by the buyer, Clicpublic may cancel the purchase provided that Clicpublic fully refunds the amount already paid for this concerned good.
Clicpublic will report this termination by e-mail or in writing. The buyer cannot assert any other rights and he can not in any case claim any compensation.
15.10. Without prejudice to the sale or the client's compliance with the general conditions of the sale, the collection dates are indicative and may change at the request of the Agent or in order to meet operational constraints related to them.
16. Claims.
Regarding the lots and any claims from third parties on these lots, Clicpublic does not provide any guarantee whatsoever. The buyer waives all rights that are not his due to the binding law.
If, in respect of the lots, the claims of third parties are recognized justified due to retention of title, intellectual property rights and / or other rights of third parties, the buyer is required to keep the lot or lots concerned at the disposal of these third parties, with the obligation to deliver them to these third parties at the first demand or else to agree on appropriate arrangements with these third parties.
17. Special provisions relating to online sales at the initiative of a seller - provisional administrator of goods
17.1. Any member wishing to makeabid in this type of sale acknowledges having read the special conditions as specified below and / or under specific conditions available on the site Clicpublic for the lots offered for sale.
17.2. At an online sale of lots offered for sale by a provisional administrator of goods, the VAT can never be recovered by the buyer.
17.3. At the end of the period of the online sale, any offer must necessarily be accepted by the provisional administrator of the property, said bid having mandatorily reached the reserved price that has been the subject of a court order.
18. Special provisions for online sales initiated by Customs and Duties .
18.1. Any member wishing to make a bid in this type of sale acknowledges having read the special conditions as specified below and / or under specific conditions available on the site Clicpublic for the lots offered for sale.
18.2. In an online sale of lots offered for sale by customs and duties, these goods are not subject to VAT but subject to duties. Only the costs of the sale are subject to VAT.
18.3. The lots offered for sale by customs and duties are stored in secure warehouses and not accessible to the public. Members and / or buyers will therefore not be able to thoroughly inspect the goods in order to ascertain the condition and their nature before submitting offers, without this allowing calling into question the absence of any guarantee on property offered for sale and / or condition of such property as specified on the website Clicpublic.
19. Special provisions relating to online sales of real estate.
19.1. Any member wishing to make a bid in this type of sale acknowledges having read the special conditions as specified below and / or under specific conditions available on the site Clicpublic for the lots offered for sale.
19.2. In an online auction of real estate, Clicpublic acts as an online support for a certified notary, a curator or real estate agent who is mentioned on the Clicpublic website.
19.3. All information and offers will be considered purely informative and are in no way an obligation, neither for the buyer nor for the seller. No real estate sale is therefore concluded directly through the use of the site Clicpublic.
19.4. However, the bidder authorizes Clicpublic to transmit its data to the certified real estate agent, the notary or curator who organizes the call for tenders in order to negotiate a possible purchase.
19.5. Clicpublic assumes no responsibility for any further processing of the offers.
19.6. The member who submits a bid via the site Clicpublic is not held any amount vis-à-vis Clicpublic.
20. Special provisions relating to online sales at the initiative of a banking institution - credit institution
20.1. Any member wishing to make a bid in this type of sale acknowledges having read the special conditions as specified below and / or under specific conditions available on the site Clicpublic for the lots offered for sale.
20.2. At the explicit request of the seller, Clicpublic will invoice directly to the buyer the price set at the end of the sale online without this billing being considered as the granting of ownership of the property sold on behalf of the seller..
20.3. Clicpublic, however, guarantees the buyer the transfer of ownership subject to compliance with all the obligations of the buyer.
20.4. Billing directly to the buyer (at the explicit request of the seller) does not give Clicpublic the status of professional seller of the goods invoiced by Clicpublic to the buyer.
20.5. This type of sale is explicitly reserved for professional buyers (with a VAT number).
20.6. At the express request of the seller, Clicpublic will give to the latter, all the details of all the members who have placed a bid for any lot put on sale, and this, with the express agreement of the member who submitted the offer.
21. Special provisions relating to online sales at the initiative of a professional salesperson other than a legal representative (B2B sale)
21.1. Any member wishing to make a bid in this type of sale acknowledges having read the special conditions as specified below and / or under specific conditions available on the site Clicpublic for the lots offered for sale.
21.2. At the end of the period of the online sale, any bid must be accepted by the seller to form a contract between the parties. No sales contract will be concluded if the bid does not reach the reserved price set by the seller.
22. Special Provisions for Online Sales of "Oldtimer" Vehicles
22.1. Any member wishing to make a bid in this type of sale acknowledges having read the special conditions as specified below and / or under specific conditions available on the site Clicpublic for the lots offered for sale.
22.2. As part of the online sale of "oldtimer" vehicles, the buyer acknowledges having read the Royal Decree of 17/06/2013
22.3. To be able to make a bid for an "oldtimer" vehicle put on sale on the site of Clicpublic, the member must take note of the descriptive sheet of the vehicle offered for sale that is equivalent to the "order form" and confirm this knowledge by electronic means by expressly accepting that:
- The property corresponds to the description given by the seller.
- The property is specific to a special use sought by the buyer who waives expressly and irrevocably any dispute against the seller and / or Clicpublic.
- The property is proper to the uses for which property of the same type is usually used.
- The good presents the quality and usual benefits of a good of the same type that the consumer can reasonably expect.
22.4. All the "oldtimer" vehicles put on sale on the Clicpublic website are all in a state requiring, for all the items listed in the order form, repairs and / or renovations. They are therefore sold and delivered without any warranty what the buyer recognizes expressly by reading the description of the order form.
22.5. Regardless of the quality of the seller (legal agent, professional or other), Clicpublic only intervenes as an intermediary, without having to justify any knowledge to the profession.
23. Intellectual property.
All intellectual property rights and all derived rights remain the property of Clicpublic. This intellectual property term should be understood to include copyrights, trademarks, designs and / or other (intellectual property) rights, including technical know-how, methods and concepts, and / or commercial that may or may not be patented. The buyer, member or seller is not entitled to use and / or modify the intellectual property rights described in this article unless it is the only private use of the product itself.
24. Clicpublic Civil Liability Insurance - Liability
24.1. Insofar as it is covered by its liability insurance, the responsibility of Clicpublic is limited in all cases to the amount of compensation allocated by the insurer.
If in any case where Clicpublic's liability is withheld, the insurer does not make the compensation or if the damage is not covered by the insurance, Clicpublic's liability is always limited to the net value of the invoice of the lots concerned.
This limitation of liability does not apply if the damage is caused deliberately or by a serious fault on the part of Clicpublic or its leaders and / or subordinates, or by assistant personnel hired by it.
24.2. Clicpublic is never liable for indirect or consequential damages. Clicpublic is never liable for damages caused to people during the visits or the pick-ups of the lots, both at its premises and at other places of presentation and / or delivery.
24.3. Any right of the Buyer to resort to the responsibility of Clicpublic expires after a period of 3 months from the delivery to the buyer of the lot or lots.
24.4. Clicpublic gives no warranty to the buyer related to the obligations of the seller for visible defects or hidden defects, or guarantee of the completeness of the lot or lots, number, operation, utility, suitability sale, the purpose for which the buyer has purchased the lot or lots, the existence or not of rights and responsibilities of third parties and / or the possibility of transfer of goods to third parties. Defects, whatever their nature, disappointed expectations of the buyer and / or third parties who receive the goods, do not in any case entitled to compensation (or reimbursement) and / or acquittal of the buyer or other third parties. Articles 1625 and following of the Civil Code, as well as articles 1641 and following are not applicable in the relations between Clicpublic and the Buyer and can in no case be raised against Clicpublic.
24.5. Notwithstanding that which is defined in this article 15, the following provisions apply in relation to the responsibility of Clicpublic:
a) Clicpublic is not responsible for bodily injury or material damage existing or caused before the conclusion of the Sales Contract.
b) Clicpublic is not responsible for any damage caused to, by or in relation to the goods purchased, or the loss of the goods purchased. The Buyer shall be responsible for ensuring the goods properly purchased from the time of the conclusion of the Sales Contract.
c) Clicpublic is not responsible for the visible or invisible defects of the goods purchased.
d) Clicpublic is not responsible for non-compliance with European directives, legal provisions or other laws or regulations, including legislation and regulations on safety at work, goods purchased.
e) Clicpublic is not liable for damages caused by and / or arising from polluting or harmful substances in or to goods purchased.
f) Clicpublic is not responsible for damage caused in the context of an internet auction due to computer failures, including defects and / or hardware and / or software failures, delays in sending and receiving email. Therefore, Clicpublic and / or the Seller are not liable for damages if a member is unable to bid due to a computer failure.
g) Clicpublic is not responsible for any damage that is the consequence of incorrect information, outdated, expired and / or incomplete mentioned on the Clicpublic website and / or other electronic or other media of Clicpublic.
h) Clicpublic cannot guarantee that the seller is actually entitled to assign goods and that such property is not encumbered by any limited rights, other limitations or intellectual property rights of third parties.
i) Clicpublic is not responsible in case the seller is unable or refuses to make the lots available to the buyer.
25. Respect for privacy - processing of personal data
25.1. In the context of their contractual relations, the parties undertake to comply with the regulations in force applicable to the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27/04 / 2016 (RGPD).
25.2. The User irrevocably makes available to the public, free of charge, the personal data collected through his Site and agrees that the public usage and transmission of this data for advertising, marketing and commercial purposes.
25.3. By the agreement they give when entering or communicating their personal data or when concluding a contract with clicpublic, Users consent to the collection and use of their personal data in the manner defined below.
25.4. Clicpublic collects personal identification information (name, address, telephone number, e-mail address, total number of visits to the Site, number of visitors to each page of the site, domain names of Internet service providers of visitors, IP addresses, cookies, ...).
25.5. Clicpublic uses the data relating to the Users for the purposes of management of the company, promotion of its products and services and establishment of statistics of use of the site for a duration of 5 years.
The User agrees that his data be used and transmitted to third parties for advertising, marketing or commercial purposes and agrees to receive information about his email address (newsletter, etc.).
25.6. Right of access: the User has the right to ask at any time if his data have been collected, for how long and for what purpose.
25.7. Right of rectification: the User has the right to request that his false or incomplete data be corrected or completed at any time upon request.
25.8. Right to limitation of treatment: the User may request a limitation of the processing of his data. This means that the data in question must be "marked" in our computer system and cannot be used for a certain period of time.
25.9. Right to erase data ("right to be forgotten"): Subject to the exceptions provided for by law, the User has the right to demand that his data be erased. If the User wishes to disable the possibility for Clicpublic to proceed to the use of his personal data, he simply has to write to the address info@clicpublic.be to ask.
25.10. Right to portability of data: The User may request that his data be transmitted to him in a "structured format, commonly used and readable by machine".
25.11. Right of complaint: The User can lodge a complaint with the data protection authority.
26. Applicable law - litigation - jurisdiction
26.1. Belgian law is applicable, to the exclusion of all others, to all relations between Clicpublic and a third party bound by these terms and conditions, including for sales on the territory of the Grand Duchy of Luxembourg.
The applicability of the Vienna Sales Convention is explicitly excluded.
26.2. In the event of disagreement as to the validity, formation, interpretation, execution or termination of this agreement, the parties agree to favor alternative methods of conflict resolution (negotiation, conciliation or mediation).
26.3. In the absence of an amicable agreement or conciliation, they undertake to meet with an approved civil and commercial mediator before any legal proceedings, and on a cost-shared basis.
In the absence of parties' agreement on the name of a mediator, the parties agree to appear voluntarily before the competent court to request judicial mediation.
In the event of agreement on the continuation of a mediation at the end of the meeting with the mediator, the costs and fees of the mediation will be advanced in equal parts, by each of the participants, except agreement agreed in derogation of the agreement which would be concluded at the end of the mediation.
No legal proceedings (other than those possibly initiated to request judicial mediation) can be initiated before a first meeting with a mediator, except for any provisional and protective measures that will not result in a waiver of mediation.
26.4. Any dispute submitted to the judiciary will be the exclusive jurisdiction of the Courts of the jurisdiction of the judicial district of Brabant Wallon (Belgium), sitting in French and the Commercial Court of Brabant Wallon in particular.
Version 2 - Date of last modification: 03/02/2023
