General Conditions

The following general terms and conditions are published in French, Dutch, German, and English. In case of interpretation issues or discrepancies between one or more versions, the French version shall prevail over the others.

1. Definitions

a. General Terms and Conditions:
These general terms and conditions govern the contractual relationship with Clictelia SA, unless expressly derogated by specific conditions.

b. Specific Conditions:
Specific conditions may supplement or derogate from these general terms and conditions.
Specific conditions are always expressly approved by the parties before any contractual commitment. In case of discrepancies between the specific conditions and these General Terms and Conditions, the provisions of the specific conditions shall prevail, unless otherwise stipulated in writing. A derogation from one or more provisions of these General Terms and Conditions is only permitted upon presentation of an expressly agreed and approved written document. The other provisions of these General Terms and Conditions remain in force as they are.

c. Clictelia SA:
Clictelia SA, with its registered office at Rue du Bosquet 21, 1400 Nivelles, registered under company number 0809.950.691.
Clictelia SA also has a branch established in the Grand Duchy of Luxembourg for sales organized in Luxembourg at the request of Luxembourg sellers:
Clictelia SA Luxembourg
8, Zone d'Activités Économiques Hall 4 | L-8287 Kehlen | Luxembourg
RCS: B247756 | VAT: LU32618500

d. Visitor:
An individual or legal entity visiting the websites www.clicpublic.be or www.clicpublic.lu without registering as a member.

e. Seller:
An individual or legal entity, acting as a professional or private person (e.g., vacant estates, provisional administration, sale of vintage vehicles), who lists a Lot for auction on one of Clictelia SA’s websites or any other electronic portal.

f. Lot:
A good or a set of goods under a single lot number offered for sale on one of Clictelia SA’s websites or any other electronic portal.

g. Global Lot:
A lot comprising all the lots present in a sale.

h. Offer:
The amount proposed by a Member for a Lot or Global Lot offered for sale on one of Clictelia SA’s websites or any other electronic portal.

i. Member:
An individual or legal entity who registers as such via one of Clictelia SA’s websites or any other electronic portal. Only a Member, after registering and identifying themselves, may make an Offer to acquire one or more Lots offered for sale.

j. Buyer:
The Member to whom a Lot or set of Lots has been awarded and/or with whom a sales contract has been concluded.

k. Reckless Bid:
An offer made recklessly, which the bidding Member cannot fulfill.

l. Website(s):
In Belgium: www.clicpublic.be
In the Grand Duchy of Luxembourg: www.clicpublic.lu

2. Scope of Application

2.1. These General Terms and Conditions apply to any Visitor, Member, Seller, or Buyer in relation with Clictelia SA in the context of online sales, both in Belgium and the Grand Duchy of Luxembourg. The applicability of conditions other than these General Terms and Conditions is excluded, except for specific conditions expressly approved by the parties before any contractual commitment.

2.2. By using one of Clictelia SA’s websites or any other electronic portal and/or by placing or accepting an Offer, the Visitor, Buyer, Member, or Seller accepts these General Terms and Conditions, as well as all other rights and obligations as stated on the Website.

2.3. If these General Terms and Conditions are amended, the amended version applies as soon as it is published on Clictelia SA’s websites or any other electronic portal, for each sale to be organized or organized and/or each sales contract established.

2.4. If any provision of these General Terms and Conditions is null or voided, the other provisions remain in force.

2.5. If a provision of the sales contract between the Seller and the Buyer (including the provisions of these General Terms and Conditions, to the extent they form part of it) is illegal, invalid, or unenforceable, this shall not affect or diminish the validity, legality, or enforceability of the other provisions.

2.6. These General Terms and Conditions grant the Seller the right to rely on these General Terms and Conditions vis-à-vis the Buyer.

3. Conditions for Placing an Offer

3.1. Only a Member may place an Offer on one of Clictelia SA’s websites or any other electronic portal. To obtain this status, the Visitor must register with Clictelia SA using the online registration form. By completing the form, the Visitor expressly authorizes Clictelia SA to record their personal data in a file and use it for purposes as stipulated in the privacy policy.

3.2. The Visitor must duly and correctly complete the requested information in the form and certify that the provided data is accurate and complete.

3.3. To obtain Member status, if the Visitor is a self-employed person or a company, they must provide their BCE number in Belgium or their registration number in the Grand Duchy of Luxembourg.

3.4. Each Member must inform Clictelia SA in writing of any changes to previously recorded data or update their data via their personal account. The Member cannot change their BCE number.

3.5. Providing false information to Clictelia SA is grounds for the Member’s exclusion.

3.6. Clictelia SA is entitled to verify the Member’s identity through external databases and check the accuracy of the data provided during registration. Clictelia SA may also verify the location from which the Member connects via their IP address and/or email address.

3.7. All data provided by a Member is the responsibility of that Member. Data entered by a Member cannot be modified during a sale once an Offer has been recorded.

3.8. A Member may not, after placing an Offer, request that the Lot awarded to them be rebilled to a third party, whether a Member or not.

3.9. Clictelia SA reserves the right to exclude any Member who does not comply with the General Terms and Conditions or Specific Conditions of Sale, who commits theft to the detriment of Clictelia SA, its agents, or its Members, or who behaves inappropriately toward Clictelia SA’s staff, its agents, or its Members. Clictelia SA will notify the Member of their exclusion by simple email, without prior notice and without needing to justify the exclusion beyond invoking this Article 3.9.

4. Information on Lots – Visits

4.1. Information regarding the characteristics of Lots, including technical descriptions based on data provided by the Seller and accompanied by photos to illustrate the products, is selected with the utmost care by Clictelia SA, within the limits of technical means and according to the best market standards. Clictelia SA can never be held responsible for the content, accuracy, or authenticity of a specific offer. This responsibility lies entirely with the Member.

4.2. Clictelia SA acts solely as an (online) intermediary providing an electronic portal to facilitate sales between the Seller and the Buyer. Clictelia SA is only responsible for the proper and normal functioning of its online portal or website system. Clictelia SA bears no responsibility for the content, actual condition, or realization of the Lots and offers.

4.3. All materials and goods are sold in their current condition, including any visible or hidden defects. Any liability of Clictelia SA arising from hidden or apparent defects in the goods is excluded.
The Seller, however, is subject to a conformity guarantee toward the non-professional consumer Buyer, in accordance with the law of April 21, 2004, transposing Directive 1999/44/EC on certain aspects of the sale and guarantees of consumer goods, amending the amended law of August 25, 1983, on consumer legal protection.
Furthermore, the Seller is always liable for hidden defects that render the item unfit for its intended use, but not for hidden defects in goods of which they were unaware at the time of sale. This conformity guarantee is expressly excluded when the sale is governed by Articles 1649, 1684, and 2280 of the Belgian Civil Code and/or the Luxembourg Civil Code (sales by judicial authority). It applies only to sales organized on behalf of a professional Seller (B-to-C).
Bidding Members/Buyers are deemed to have thoroughly inspected the goods to ensure their condition and nature before placing an Offer. All materials and goods are sold without warranty, even in case of non-conformity with the description of condition, nature, weight, quantity, or designation in the catalog or on one of Clictelia SA’s websites or electronic portals, without this list being exhaustive. Any mention of mileage or operating hours of vehicles, year of manufacture, first registration date, or other technical or commercial specifications is provided for informational purposes only, without any warranty or liability from Clictelia SA.
An erroneous mention in the catalog or on one of Clictelia SA’s websites or electronic portals shall not lead to the cancellation or termination of the sale with Clictelia SA, which acts solely as an intermediary. Each bidding Member/Buyer acknowledges being informed of the absence of recourse against Clictelia SA.

4.4. The Buyer and the Seller expressly agree that, due to the nature of Clictelia SA’s activities, namely the sale of goods from bankruptcies 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 viewed the goods during the exhibition days and accepted them in their current condition. Since the Buyer inspects the goods before placing an Offer, the classification of a contract concluded remotely under Articles VI.45 et seq. of the Belgian law of December 21, 2013, and/or Articles 222-1 et seq. of the Luxembourg Consumer Code is excluded.

4.6. The Buyer and the Seller expressly agree that, due to the nature of Clictelia SA’s activities, namely the sale of goods from bankruptcies or judicial reorganizations, Article VI.47, §1 of the Belgian law of December 21, 2013, and/or Articles 222-1 et seq. of the Luxembourg Consumer Code do not apply.

4.7. The Buyer purchasing goods on one of Clictelia SA’s websites or electronic portals accepts that all goods are “used goods.” The Buyer expressly agrees that goods used in the course of the activities of a bankrupt company or one undergoing judicial reorganization are goods that have been used normally, whether or not they show signs of use.

4.8. Information, illustrations, verbal communications, and indications regarding offers and the main characteristics of Offers provided by phone or email will be reproduced and provided as accurately as possible without binding Clictelia SA.

4.9. Unless otherwise stated, the Lots offered for sale are not owned by Clictelia SA but belong to the Seller.

4.10. On visiting days, any person enters the buildings or premises where visits are organized entirely at their own risk. Any person accessing these locations must follow the instructions of the Seller, Clictelia SA, and/or persons designated by Clictelia SA. Clictelia SA assumes no liability for any harm resulting from access to the referenced buildings and premises.

5. Special Financial Guarantee

For participation in certain sales or auctions of specific Lots, Clictelia SA may require a Member wishing to place an Offer to provide a bank guarantee in its favor prior to the Offer.

6. Use of Clictelia SA’s Websites or Electronic Portals – Disclaimer of Liability

By registering on one of Clictelia SA’s websites or electronic portals, every Member acknowledges and accepts the special circumstances of an online/Internet sale and the technical imperfections that may occur.
Clictelia SA excludes any liability for any direct and/or indirect damage arising in any way, including but not limited to damages resulting from the use of one of Clictelia SA’s websites or electronic portals, except in cases of intentional misconduct or gross negligence by Clictelia SA.
More specifically, Clictelia SA disclaims any liability for any damage arising in any way from and/or resulting from:

• The inability to use one of Clictelia SA’s websites or electronic portals and/or any failure of such websites or systems;
• Errors in the software of one of Clictelia SA’s websites or electronic portals and/or the underlying system;
• Unauthorized use of systems, including one of Clictelia SA’s websites or electronic portals, by a third party.

7. Cancellation – Extension – Force Majeure

7.1. Clictelia SA reserves the right to cancel a sale, terminate it before the date stated on one of its websites or electronic portals, or extend it.

7.2. In case of a technical failure of one of Clictelia SA’s websites or electronic portals, rendering it no longer fully accessible and/or accessible to all Members, Clictelia SA has the right to extend the auction by 72 hours from the announced closing time.

7.3. In case of force majeure, Clictelia SA is not required to fulfill its obligations toward the other party. Clictelia SA is entitled to suspend its obligations during the period of force majeure. Force majeure includes any circumstance beyond its control that wholly or partially prevents the fulfillment of its obligations toward the other party.

7.4. In case of human error, Clictelia SA is not required to fulfill its obligations toward the other party and may cancel the sale at any time.
Furthermore, pursuant to Article 1148 of the Luxembourg Civil Code, no damages are due when, due to force majeure or fortuitous events, Clictelia SA is prevented from delivering or performing what it was obligated to do or does what it was prohibited from doing.

8. Opening – Closing of the Sale

Once an offer is placed by the Seller on one of Clictelia SA’s websites or electronic portals, bidding Members may place bids from the date and time specified for the opening of the sale until the date and time specified for its closing.

9. Proposed Price

9.1. All prices are indicated in euros (occasionally in international currencies such as GBP or USD). They are displayed exclusive of VAT (with VAT indicated for reference) and all other taxes and sale fees. Obvious or manifest errors in the price indication, such as gross inaccuracies, may be corrected by Clictelia SA even after the contract is concluded.

9.2. Any delivery costs borne by the Buyer in addition to the sale price are expressly indicated on one of Clictelia SA’s websites or electronic portals for the relevant Lot.

9.3. In some cases, contractual information may also specify certain payment methods, more precise conditions regarding delivery methods, and/or any specific fees applicable to a sale.

10. VAT

10.1. All Buyers are liable for VAT.

10.2. Buyers from the European Union (EU) with a valid and verifiable intra-community VAT number in their country of origin will be refunded VAT after acceptance of the VAT number by the Ministry of Finance. These Buyers must provide a written declaration regarding the export of goods outside Belgium at the time of collection.

10.3. EU Buyers not subject to VAT and Buyers from outside the EU (export) must always pay VAT. VAT paid by non-EU Buyers (export) will be refunded by Clictelia SA upon presentation of a valid export document, within fifteen working days after attribution.

11. Offer

11.1. Any Offer is unconditional and irrevocable. The Member making an Offer accepts these General Terms and Conditions of Sale and any Specific Conditions of Sale, if applicable. They undertake to purchase the goods offered for sale at the price of their Offer, plus the sale fees and Belgian or Luxembourg VAT. Any acceptance is always subject to approval by a bailiff, curator, and/or the Seller’s representative.

11.2. If an Offer is made in the last 5 minutes before the online sale closes, the duration of the sale for that Lot will be extended by 5 minutes until no further Offers are placed.

11.3. If a Global Lot is offered for sale, the sale continues for that single Lot after the sale of individual Lots. The sale of this Lot continues for a specified period.

11.4. The price of the Global Lot must exceed the sum of all bids on individual Lots by 10%. If the Global Lot is sold, the individual Lots will not be awarded to their highest bidders.

12. Conduct of the Sale

Clictelia SA is solely authorized, for the sole purpose of ensuring the proper functioning of the sale, before, during, or after it, and without needing to justify to third parties:

• Not to recognize an Offer as such;
• To exclude one or more potential Buyers from the sale;
• To combine goods into Lots, divide Lots, and/or withdraw Lots from the sale;
• To interrupt, resume, extend, or cancel the auction;
• To take any measures deemed necessary.

13. Conclusion of the Sale

13.1. A sales contract is deemed concluded when the Seller decides to accept the Buyer’s Offer and, if the Offer was made via one of Clictelia SA’s websites or electronic portals, when a confirmation email is sent by Clictelia SA to the email address provided by the Buyer.

13.2. If the Seller sets a minimum reserve price excluding VAT and sale fees and this price is not reached at the end of the sale, the Lot will generally not be awarded. However, it may be awarded with the Seller’s consent, without the Buyer being able to withdraw by invoking a price below the reserve.

13.3. Unless otherwise specified, the Seller has the right, at the end of the sale, for just cause, not to award the Lot, and the highest bidder cannot claim any rights as a result of this decision.

13.4. Where the Seller in the sales contract is not Clictelia SA but a third party, Clictelia SA will act, in accordance with its contractual obligations to the Seller, either as a mere service provider or as an intermediary as stipulated by Articles 1984 et seq. of the Belgian Civil Code and/or the Luxembourg Civil Code. In the latter case, Clictelia SA acts solely on behalf of and for the account of the Seller, and no sales contract will be established between Clictelia SA and the Buyer. Unless otherwise stated, the sale is conducted on behalf of a third party.

13.5. Ownership of the purchased good is transferred to the Buyer after full payment of the purchase price and any other amounts due, including transaction fees, handling fees, and amounts due for work performed or to be performed for the Buyer and/or actions taken due to non-compliance with the sales contract and collection of the good as defined in Article 15 of these General Terms and Conditions, without this list being exhaustive.

13.6. The transfer of risk(s) associated with the purchased Lots occurs upon attribution in the case of an auction or acceptance of the Offer in the case of a direct sale.

13.7. Invoicing occurs only after payment of the price and collection of the good by the Buyer.

13.8. Any changes to the collection date and time do not affect the conclusion of the sale (see 15.7).

14. Payment

14.1. Payment Terms
The final price to be paid (including sale fees) is the price agreed by the parties (plus VAT, transaction fees, handling fees, and any amounts due for work performed or to be performed for the Buyer and/or actions taken due to non-compliance with the sales contract). This is the price of the final Offer. This amount must be paid to Clictelia SA within two (2) working days after the Offer is awarded to the Buyer.

14.2. Electronic Payment
To ensure the security of online transactions, Clictelia SA may use recognized online payment service providers (e.g., Worldline). Online payment is made through a secure closed system, where banking data is encrypted when sent over the Internet (SSL secure connection). The risk of loss or theft of identity or credit card data is reduced by the measures taken by Clictelia SA. Clictelia SA will retain identity and credit card data for one (1) year in an encrypted and secure database environment.

14.3. Late Payment Interest – Penalty Clause
Given the nature of Clictelia SA’s activities, timely payment is essential. After the specified deadline expires without full payment, the Buyer is in default by operation of law. In case of non-payment within the set deadline, interest at a rate of 10% per year from the due date is owed by the Buyer by operation of law and without prior notice.
In case of late payment, the Buyer will also be liable for a fixed penalty equal to 15% of the invoice amount, with a minimum of €100.00. All costs related to collection fees are not included in this fixed compensation and are charged separately to the Buyer.

14.4. Termination Due to Buyer’s Default
In the event of persistent non-payment of the full price by the Buyer, Clictelia SA may terminate the contract immediately to the detriment of the Buyer, without prior notice. If part of the purchase price has been paid, Clictelia SA reserves the right to retain this partial payment as compensation for the termination of the contract due to the Buyer’s fault.
In case of a Reckless Bid, the relevant good is not awarded to the Member who made the Reckless Bid and fails to pay. The good is then put back up for sale under the same conditions. The defaulting Member is liable for the difference between the purchase price they offered and the price of the re-awarded sale, without being able to claim any surplus if the new sale achieves a higher price. This surplus goes to the Seller. Additionally, the reckless bidder is liable for the costs caused by their negligence and the re-award, as well as other costs of any kind, without prejudice to damages for any reason.

15. Collection

15.1. All goods must be collected by the Buyer. All purchased goods will be collected at the address specified on the Website, unless expressly stated otherwise. The Buyer is fully informed of the collection location, whether in Belgium, Luxembourg, or another country as indicated in the sale.

15.2. A Member who has placed an Offer remains bound by their Offer, even if a third party is designated as the Buyer. Unless prior written agreement from Clictelia SA, goods not collected on the date specified on one of Clictelia SA’s websites or electronic portals or in the specific conditions of sale will, without notification, be resold, removed, or possibly destroyed at the expense of the defaulting Buyer, without refund of the purchase price. Clictelia SA also reserves the right to charge the defaulting Buyer for damages and costs arising from transport, dismantling, and storage.

15.3. It is reiterated that any person entering Clictelia SA’s premises and buildings does so at their own risk and responsibility during exhibition days and the collection period. All persons must comply with the rules and instructions imposed by Clictelia SA.

15.4. Buyers may not take possession of their goods until they are fully paid. Delivery of goods takes place at the times, days, and address specified by Clictelia SA, as stated in the Specific Conditions of Sale. Buyers who have purchased goods stored in our warehouses that complicate or prevent the collection of other goods must collect their goods on the first day of collection without interruption. Buyers will be immediately notified by Clictelia SA via email or other written means, failing which Clictelia SA is entitled to arrange for the removal and possible storage by third parties at the Buyer’s expense and risk.

15.5. The Buyer is responsible for taking all measures to dismantle, remove, or transport the goods. Clictelia SA never assists with the collection of goods. Any damage caused to the goods during collection by the Buyer or a third party appointed by them is presumed to be known to the Buyer. Buyers must collect the purchased goods in accordance with best practices, at their own expense and risk, without causing damage to the premises, their own goods, or the goods of others. The Buyer is fully responsible for all damages. The responsibility for collection lies solely with the Buyer. The Buyer is also responsible for their agents and collaborators during the collection of goods. The Buyer is responsible for obtaining any required permits or administrative formalities for dismantling or transporting the goods. It is prohibited to burn, weld, polish, or sand on-site without ensuring that no damage of any kind is caused. If it is necessary to damage or modify buildings or other goods not being sold, this may only be done with prior written authorization from Clictelia SA under the conditions set out in such authorization. Where applicable, a guarantee may be required to cover potential damages. Clictelia SA may decide that a specific good can only be collected after other goods have been removed.

15.6. If the Buyer has not paid for all their orders across all sales, Clictelia SA reserves the right to retain uncollected assets until full payment of the unpaid orders is made by the Buyer.

15.7. If the property owner or third parties assert rights over a specific good before it is collected by the Buyer, Clictelia SA may cancel the purchase provided that Clictelia SA fully reimburses the amount already paid for the said good to the Buyer.
Clictelia SA will notify this termination by email or in writing. The Buyer cannot assert any further rights and may not claim any compensation.

15.8. Any uncollected goods stored at our premises will incur storage fees of:

• €20 per day for vehicles (cars/motorcycles) ≤ 3.5 tons
• €5 per pallet for any other lot
• By quotation for any other product

15.9. Without prejudice to the sale or compliance with its general terms and conditions by the client, collection dates are indicative and may change at the request of the agent or to address operational constraints related to the sale.

16. Claims

16.1. Regarding Lots and any potential third-party claims on them, Clictelia SA provides no warranty of any kind. The Buyer acknowledges and accepts that any justified third-party claim(s), based on verifiable written documents due to retention of title, intellectual property rights, and/or other rights, shall take precedence over their sale, and the Buyer waives all rights arising from their sales contract in such cases.

16.2. If third-party claims on Lots are deemed justified based on verifiable written documents due to retention of title, intellectual property rights, and/or other third-party rights, the Buyer must keep the Lot(s) concerned available to these third parties, with the obligation to hand them over upon first request or otherwise make appropriate arrangements directly with these third parties.

16.3. In the case provided for in Article 16.2, Clictelia SA will proceed with a full refund of the sale to the Buyer.

17. Special Provisions for Online Sales Initiated by a Seller – Provisional Administrator of Assets / Judicial Agent

17.1. Any Member wishing to place an Offer in this type of sale acknowledges having read the specific conditions as specified below and/or in the specific conditions available on one of Clictelia SA’s websites or electronic portals regarding the Lots offered for sale.

17.2. In an online sale of Lots offered by a provisional administrator of assets or a judicial agent, VAT can never be recovered by the Buyer.

17.3. At the end of the online sale period, any Offer must be pre-approved by the provisional administrator of assets or judicial agent, with the Offer obligatorily reaching the reserve price authorized by the court.

18. Special Provisions for Online Sales Initiated by Customs and Excise

18.1. Any Member wishing to place an Offer in this type of sale acknowledges having read the specific conditions as specified below and/or in the specific conditions available on one of Clictelia SA’s websites or electronic portals regarding the Lots offered for sale.

18.2. In an online sale of Lots offered by customs and excise, the goods are not subject to VAT but to excise duties. Only the sale fees are subject to VAT.

18.3. Lots offered for sale by customs and excise are stored in secure warehouses not accessible to the public. Members and/or Buyers cannot thoroughly inspect the goods to verify their condition and nature before placing an Offer, without this affecting the absence of any warranty from Clictelia SA regarding the goods offered for sale or their condition as specified on one of Clictelia SA’s websites or electronic portals.

19. Special Provisions for Online Sales of Real Estate

19.1. Any Member wishing to place an Offer in this type of sale acknowledges having read the specific conditions as specified below and/or in the specific conditions available on on one of Clictelia SA’s websites or electronic portals regarding the Lots offered for sale.

19.2. In an online auction of real estate, Clictelia SA acts as an online platform for a certified notary, judicial agent, or real estate agent mentioned on one of Clictelia SA’s websites or electronic portals.

19.3. All information and offers are considered purely informational and do not constitute a commitment for either the Buyer or the Seller. No real estate sale is concluded directly through the use of one of Clictelia SA’s websites or electronic portals.

19.4. The bidder authorizes Clictelia SA to transmit their data to the approved real estate agent, notary, or judicial agent organizing the call for bids to negotiate a potential purchase.

19.5. Clictelia SA assumes no responsibility for any subsequent processing of offers.

19.6. A Member submitting an Offer via one of Clictelia SA’s websites or electronic portals is not liable for any amount to Clictelia SA.

20. Special Provisions for Online Sales Initiated by a Banking Institution – Credit Institution

20.1. Any Member wishing to place an Offer in this type of sale acknowledges having read the specific conditions as specified below and/or in the specific conditions available on one of Clictelia SA’s websites or electronic portals regarding the Lots offered for sale.

20.2. At the express request of the Seller, Clictelia SA will directly invoice the Buyer the price set at the end of the online sale, without this invoicing being considered as conferring ownership of the sold good on behalf of the Seller.

20.3. Clictelia SA guarantees the Buyer the transfer of ownership subject to compliance with all the Buyer’s obligations.

20.4. Direct invoicing to the Buyer (at the Seller’s express request) does not confer on Clictelia SA the status of a professional seller of the goods invoiced by Clictelia SA to the Buyer.

20.5. This type of sale is expressly reserved for professional buyers (with a VAT number).

20.6. At the express request of the Seller, Clictelia SA will provide the Seller with the contact details of all Members who have placed an Offer for any Lot offered for sale, with the express consent of the Member who placed the Offer.

21. Special Provisions for Online Sales Initiated by a Professional Seller Other Than a Judicial Agent (B-to-B Sale)

21.1. Any Member wishing to place an Offer in this type of sale acknowledges having read the specific conditions as specified below and/or in the specific conditions available on one of Clictelia SA’s websites or electronic portals regarding the Lots offered for sale.

21.2. At the end of the online sale period, any Offer must be accepted by the Seller to form a contract between the parties. No sales contract will be concluded if the Offer does not reach the reserve price set by the Seller.

22. Special Provisions for Online Sales of “Vintage” Vehicles

22.1. Any Member wishing to place an Offer in this type of sale acknowledges having read the specific conditions as specified below and/or in the specific conditions available on one of Clictelia SA’s websites or electronic portals regarding the Lots offered for sale.

22.2. In the context of the online sale of “vintage” vehicles, the Buyer acknowledges having read the Belgian Royal Decree of June 17, 2013.

22.3. To place an Offer for a “vintage” vehicle offered for sale on one of Clictelia SA’s websites or electronic portals, the Member must first review the vehicle’s descriptive sheet, which serves as a “purchase order,” and confirm this review electronically, expressly accepting that:

• The good matches the description provided by the Seller.
• The good is suitable for the special use sought by the Buyer, who expressly and irrevocably waives any claims against Clictelia SA.
• The good is suitable for the usual purposes of goods of the same type.
• The good has the quality and performance typical of goods of the same type that a consumer can reasonably expect.

22.4. All “vintage” vehicles offered for sale on one of Clictelia SA’s websites or electronic portals require repairs and/or renovations for all points listed in the purchase order. They are sold and delivered without any warranty from Clictelia SA, which the Buyer expressly acknowledges by reviewing the descriptive sheet serving as the purchase order.

22.5. Regardless of the Seller’s status (judicial agent, professional, or other), Clictelia SA always acts solely as an intermediary, without needing to justify any professional accreditation.

23. Intellectual Property

All intellectual property rights and derived rights remain the property of Clictelia SA. Intellectual property includes copyrights, trademarks, designs, and models, and/or other (intellectual property) rights, including know-how, methods, and technical and/or commercial concepts, whether patentable or not. The Buyer, Member, or Seller may not use or modify the intellectual property rights described in this article, except for the sole private use of the product itself.
Any reproduction of one of Clictelia SA’s websites or electronic portals, such as their graphic and/or textual elements, in whole or in part, in Belgium, the Grand Duchy of Luxembourg, or abroad, is strictly prohibited under applicable intellectual and artistic property laws. Anyone collecting or downloading content or information from one of Clictelia SA’s websites or electronic portals has only a private, personal, and non-transferable right of use. Likewise, any reproduction or representation of one of Clictelia SA’s websites or electronic portals, in whole or in part, is prohibited without Clictelia SA’s written consent. Texts, graphics, drawings, logos, and photos published on one of Clictelia SA’s websites or electronic portals may be reproduced on paper or electronic media, provided the name and address of one of Clictelia SA’s websites or electronic portals are cited and no commercial use is made.
Any commercial use of one of Clictelia SA’s websites or electronic portals is illegal and subject to prosecution before the competent courts.
Any breach of this clause may result in civil and/or criminal liability for the perpetrator.

24. Clictelia SA’s Liability Insurance – Liability

24.1. To the extent covered by its liability insurance, Clictelia SA’s liability is limited in all cases to the amount of compensation provided by the insurer. If Clictelia SA’s liability is established and the insurer does not provide compensation or the damages are not covered by insurance, Clictelia SA’s liability is always limited to the net invoice value of the Lots concerned.
This limitation of liability does not apply if the damages are caused intentionally or by gross negligence on the part of Clictelia SA, its directors, subordinates, or assisting personnel engaged by it.

24.2. Clictelia SA is never liable for indirect or consequential damages arising from the sale. Clictelia SA is never liable for damages caused to persons during visits or collections of Lots, whether at its premises or other presentation and/or delivery locations.

24.3. Any right of the Buyer to hold Clictelia SA liable expires three months after the delivery of the Lot(s) to the Buyer.

24.4. Clictelia SA provides no warranty to the Buyer regarding the Seller’s obligations for visible or hidden defects, nor for the completeness of the Lot(s), their number, functionality, suitability for sale, purpose for which the Buyer purchased the Lot(s), the existence or absence of third-party rights and/or obligations, and/or the possibility of transferring the goods to third parties. Defects of any kind, disappointed expectations of the Buyer and/or third parties receiving the goods, do not entitle the Buyer or third parties to compensation or discharge by Clictelia SA. Articles 1625 et seq. and 1641 et seq. of the Civil Code are therefore not applicable in relations between Clictelia SA and the Buyer and cannot be invoked against Clictelia SA.

24.5. Notwithstanding the provisions of this article, the following apply regarding Clictelia SA’s liability:
a) Clictelia SA is not liable for personal or material damages existing or caused before the conclusion of the sales contract.
b) Clictelia SA is not liable for damages caused to, by, or in connection with the purchased goods, nor for the loss of purchased goods. The Buyer must ensure proper insurance of the purchased goods from the moment the sales contract is concluded.
c) Clictelia SA is not liable for visible or hidden defects in the purchased goods.
d) Clictelia SA is not liable for non-compliance with European directives, legal provisions, or other legislation or regulations, including occupational safety legislation, regarding the purchased goods.
e) Clictelia SA is not liable for damages caused by and/or arising from polluting or harmful substances in or on the purchased goods.
f) Clictelia SA is not liable for damages caused during an online auction due to computer failures, including hardware and/or software defects or delays in sending and receiving emails. Consequently, Clictelia SA and/or the Seller are not liable for damages if a Member is unable to place a bid due to a computer failure.
g) Clictelia SA is not liable for damages resulting from incorrect, outdated, or incomplete information provided on one of its websites or electronic portals.
h) Clictelia SA cannot guarantee that the Seller is actually entitled to transfer the goods or that the goods are not encumbered by limited rights, other restrictions, or third-party intellectual property rights.
i) Clictelia SA is not liable if the Seller is unable or refuses to make the Lots available to the Buyer.

25. Privacy – Personal Data Processing

25.1. In the context of their contractual relations, the parties undertake to comply with applicable regulations regarding the processing of personal data, in particular Regulation (EU) 2016/679 of the European Parliament and Council of April 27, 2016 (GDPR).

25.2. The Member irrevocably provides Clictelia SA, free of charge, with personal data collected through one of Clictelia SA’s websites or electronic portals and agrees that Clictelia SA may use and transmit this data for advertising, commercial, and marketing purposes.

25.3. By agreeing to provide or communicate their personal data or upon concluding a contract with Clictelia SA, Members consent to the collection and use of their personal data as described below.

25.4. Clictelia SA collects personal identification information (name, address, phone number, email address, total number of visits to one of Clictelia SA’s websites or electronic portals, number of visitors to each page, domain names of visitors’ Internet service providers, IP addresses, cookies, etc.).

25.5. Clictelia SA uses Member data for business management, promotion of its products and services, and compilation of usage statistics for one of its websites or electronic portals for a period of 5 years.
The Member agrees that their data may be used and transmitted to third parties for advertising, commercial, or marketing purposes and consents to receiving information at their email address (newsletters, etc.).

25.6. Right of Access: The Member has the right to request at any time whether their data has been collected, for how long, and for what purpose.

25.7. Right to Rectification: The Member has the right to request that incorrect or incomplete data be corrected or supplemented at any time upon simple request.

25.8. Right to Restriction of Processing: The Member may request a restriction on the processing of their data. This means that the data in question must be “marked” in our computer system and cannot be used for a certain period.

25.9. Right to Erasure (“Right to be Forgotten”): Subject to legal exceptions, the Member has the right to demand that their data be erased. If the Member wishes to disable Clictelia SA’s ability to use their personal data, they can write to info@clicpublic.be.

25.10. Right to Data Portability: The Member may request that their data be provided in a “structured, commonly used, and machine-readable format.”

25.11. Right to Lodge a Complaint: The Member may lodge a complaint with the data protection authority.

26. Applicable Law – Disputes – Jurisdiction

26.1. Belgian law applies, to the exclusion of any other, to all relations between Clictelia SA and a third party bound by these General Terms and Conditions, including for sales in the Grand Duchy of Luxembourg.
The applicability of the Vienna Convention on Sales is expressly excluded.

26.2. In case of disagreement regarding the validity, formation, interpretation, performance, or termination of this agreement, the parties agree to prioritize alternative dispute resolution methods (negotiation, conciliation, or mediation).

26.3. In the absence of an amicable agreement or conciliation, the parties undertake to meet with an approved civil and commercial mediator before any judicial proceedings, with costs shared equally.
If the parties cannot agree on a mediator, they agree to voluntarily appear before the competent court to request judicial mediation.
If the parties agree to proceed with mediation following the meeting with the mediator, the mediation fees and costs will be advanced equally by each party, unless otherwise agreed in the mediation agreement.
No judicial proceedings (other than those possibly initiated to request judicial mediation) may be commenced before a first meeting with a mediator, except for any provisional or conservatory measures that do not waive mediation.

26.4. Any dispute submitted to the judiciary will fall under the exclusive jurisdiction of the courts of the judicial district of Walloon Brabant (Belgium), sitting in French, and in particular the Commercial Court of Walloon Brabant.

Version 2 - Last Updated: August 1, 2025