Within the present General Terms, one should understand by the following terms:
- Faillites.info sprl: The private limited liability company Faillites.info sprl, with the established headquarters rue du centre 50-52 B-4800 Verviers, registered under the business number BE 0888199997
- User: Any natural person (private individual) or legal entity (company) that has or shall establish a contractual relation, whatever its nature, with Faillites.info sprl.
- Purchaser: Any natural person (private individual) or legal entity (company) that has or shall establish a contractual relation, whatever its nature, with the Supplier or Faillites.info sprl.
- Seller: Any natural person (private individual) or legal entity (company) that has or shall establish a contractual relation, whatever its nature, with the bidder or Faillites.info sprl. That is generally done via a private sale.
- Offer: The subject of one or several agreements between the user and bidders, carried out by the portal Faillites.info sprl
Faillites.info sprl provides you with a diverse selection of goods of judicial origin in a large number of various areas. Apart from these general terms and conditions, specific terms and conditions may, if this is expressly indicated, apply to specific services and/or products. In the event of a difference between the specific terms and conditions mentioned and the current general terms and conditions, the provisions of the specific terms and conditions will essentially prevail in relation to the general terms and conditions unless this is stipulated in a different manner. Derogation from one or several of the provisions of the current general terms and conditions is only authorised upon receipt of a written proof that is expressly agreed upon. The other provisions of these terms and conditions remain then in force. The General Terms and Conditions of the Purchaser, the Bidder or Seller do not apply. Faillites.info sprl reserves the right to modify and/or complement the General Terms and Conditions at any moment for future orders.
Through the use of the Internet site or any other electronic portal of Faillites.info sprl and/or by sending the Offer/accepting the offer, the Purchaser, the Bidder or the Seller accepts the present General Terms and Conditions as well as all the other rights and obligations as they appear on the Internet site. Faillites.info sprl may use third party groups if this turns out to be necessary for the correct execution of the agreement concluded with the Purchaser.
Processing of personal data
The information supplied by you is necessary for the processing and the completion of orders and the writing of reports and agreements. If these pieces of information are missing, the order shall be immediately cancelled. The transmission of incorrect or falsified personal data is deemed to be an infringement regarding the present general terms. The Purchaser’s personal data shall be solely processed for the drawing up of documents that are inherent to the sales completed on the portal of Faillites.info. No personal data shall be sent to third party groups for any purpose whatsoever.
The sales terms and conditions for the online auctions
Irresponsible bidding: In the event of irresponsible bidding, the concerned good is revoked to the responsibility of the person that made the irresponsible bidding and that omits to pay, and this one may not claim the price that may be possibly higher. The purchaser that remained in default of payment is obliged to pay for the difference between the purchase price and the re-tendering one; however, this one may not claim the possible balance if the new sale reaches a higher sale price. This balance accrues to the seller. Moreover, the irresponsible bidder is liable for the payment of the charges caused by his/her negligence and by the re-tendering process, as well as of the other charges of whatever nature, without prejudice to the damages for whatever reason.
Any offer launched by the user is unconditional and irrevocable. The bidder accepts by his/her offer the current general sales terms and conditions, as well as the specific sales terms and conditions. He/she commits to purchase the goods, offered for sale, to the price of the offer that he/she has suggested, as well as the VAT tax. Any acceptance is always made subject to the approval of the liquidator and/or of the trustee. The property may be transferred during the payment and the withdrawal of the good at the earliest.
All the materials and all the commodities are sold in the condition in which they find themselves, including all the possible visible and hidden defects. Any responsibility of the notary, trustee, liquidator, Faillites.info sprl or of the other agents, arising from hidden defects as far as the goods are concerned is excluded. The bidders / purchasers are supposed to check the goods to secure their state and nature. All the materials and commodities are sold without warranty, even in the event of non-compliance with the description of the state, nature, weight, quantity or denomination in the catalogue or on the website. Any mention regarding the mileage and clocks of vehicles, the building year, the date of the first registration or other technical or commercial characteristics shall be solely communicated for reference, with no warranty or responsibility on the part of the selling organisation or its assistants. A possible faulty mention in the catalogue or on the website may not result in the cancelation of the sale or its resolution. Every bidder / purchaser admits being informed of the absence of appeal. Articles 1649, 1684 and 2280 of the Civil Code are relevant and are accepted by the purchaser.
Information and agreements
The information related to the characteristics of offers, including here the technical descriptions that are based on the data provided by the purchaser, the bidder or seller accompanied by photos intended to illustrate the products, that can be found online, are selected with the utmost care by Faillites.info sprl, all this within the limit of the technical means and according to the best market standards. Faillites.info sprl can never be held liable with respect to the contents, the accuracy or the authenticity of a particular offer. This liability is, in full, up to the user. Faillites.info sprl acts as an online intermediary.
An agreement is deemed concluded when the initiator decides to go for the offer of the seller, in the event where the offer was made via the website, when an e-mail is sent to the e-mail address indicated by the Purchaser. Each Purchaser declares having seen the goods during the exhibition days or at the appointment and having accepted them in the state in which they found themselves. Therefore, there is no question of an agreement concluded in a remote manner. The purchaser and the seller agree in an express manner due to the nature of the activity carried out by Faillites.info sprl, namely the sale by higher bid of goods from bankruptcy, liquidations, judicial reorganisations, the Act on the Market Practices and the Consumer Protection does not apply, as art. 65 of the Act Market Practices and the Consumer Protection stipulates it.
The purchaser that buys goods from Faillites.info sprl or its principals accepts that all the goods are “used goods” within the meaning of art. 66 of the Act on the Market Practices and the Consumer Protection. The purchaser expressly accepts that the goods that took part in the carrying out of the bankrupt company’s activity or that are subject to a judicial reorganisation, are goods that were already used in a normal manner, whether they show traces of use or not.
The pieces of information, the illustrations, the oral communications, the indications, etc. with respect to the offers and the main characteristics of the offers sent by telephone or by e-mail, shall be reproduced and offered as accurately as possible.
Price
As soon as an offer is launched by the seller, the bidders may bid. All the prices are indicated in euro, they exclude VAT tax and all the other taxes. Substantial or apparent errors in the price indication such as the obvious inaccuracies for instance, may be corrected by Faillites.info sprl even after the execution of the agreement. The delivery charges are clearly notified to the purchaser. As far as certain payment means are concerned, more accurate terms and conditions are applicable and related to the delivery method and the possible charges. All these are clearly indicated to the Purchaser.
All the purchasers pay the VAT tax. The purchasers coming from the European Union (hereinafter EU) that have a valid VAT number that can be checked in their country of origin, shall be refunded the VAT tax following the acceptance of the VAT number by the Ministry of Finances, and moreover, they must, upon collection, draw up a written statement with respect to the dispatch of the goods outside of Belgium. The EU purchasers that are not subject to the VAT tax, and the purchasers coming from outside the EU (export), must always pay the VAT tax.
Payment
The final price to pay, is the price agreed by the parties (including the selling expenses and transaction fees if applicable). This is the price of the final offer. This amount needs to be paid to Faillites.info sprl, within two (2) working days after the closing of the tender or receipt of the purchase order.
Faillites.info sprl is an online intermediary. Faillites.info sprl cannot therefore be held liable for the accuracy, the quality or other characteristics of the contents of the offer.
Considering the nature of the activity carried out by Faillites.info sprl, the payment on time and at the right time is essential. In the event of the failure to pay within the established deadline, interests equivalent to 10% per year starting at the end date of the payment shall be owed. These annual interests amounting to 10% could be converted into a monthly interest and shall be automatically owed and in their own right and without a previous formal notice. Moreover, a flat-rate allowance amounting to 15% of the amount of the invoice is owed with a minimum of 100.00 euros. All the charges that are inherent to collecting costs are not included in this flat rate compensation and are separately charged. Moreover, the agreement could be immediately terminated, to the detriment of the purchaser. In the case where just a part of the purchase price was paid, the agreement may be equally dissolved in part and the paid amount shall be reimbursed, net of expense allowances, as indicated above. We speak here about an express termination clause that is part of every sale organised by Faillites.info sprl.
In the event of the termination of the agreement, a new sale shall be organised at the expense of the initial purchaser that failed to make the payment. The purchaser shall, according to the irresponsible bidding regime, be liable for the damage arising from the organisation of a new sale. Without any evidence of actual charges, the damage arising from the organisation of a second sale shall be presumed to amount to less than 15% of the selling amount, but with a minimum amount of 100.00 euros. The Seller also reserves the right to transfer the capital loss to the failing purchaser.
Collection
Any goods have to be collected by the purchaser. All the purchased goods shall be collected at the warehouses of Faillites.info sprl or of its principal, unless expressly stated to the contrary. In certain special conditions, a possible decision may be made to proceed to a delivery by Faillites.info sprl or its agents, under the responsibility and at the expense of the purchaser. In this case, each possible delivery deadline shall solely be given for reference.
Everyone is liable for his/her offer, even if a third party is indicated as purchaser. The goods that were not collected on the established date under specific sale terms and without the previous written consent of Faillites.info sprl, shall be, without notification, resold or collected for the purchaser’s account and the sale price may not be refunded. The purchaser shall be responsible for the payment of the charges incurred with the evacuation and the possible destruction of these goods. Any person entering the property and the buildings of Faillites.info sprl does it at his/her own risk and for his/her own account, during the exhibition days and during the period used for the collection of the goods. Every person shall comply with the norms imposed by Faillites.info sprl.
The purchasers may not dispose of their goods until their full payment. The goods were delivered at the times and on the days and at the address established by Faillites.info sprl, as mentioned in the specific sale terms and conditions. The purchasers shall be immediately notified by Faillites.info sprl, by e-mail or in writing, failing this, Faillites.info sprl shall be authorised to execute this collection and this possible storage via third parties at the expense and risk of the purchaser.
The purchaser must take all necessary steps with a view to disassembling, collecting or carrying the goods. Faillites.info sprl will never assist during the collection of the goods. Any damage brought to the goods is presumed to be known to the purchaser himself/herself, unless proved otherwise by the actual purchaser. The purchasers need to collect the goods purchased in accordance with the law, at their own risk and cost, without bringing damage to the buildings, to their own goods and to other people’s property. The purchaser is entirely liable for all the damage. The liability in the event of this collection is the purchaser’s exclusive responsibility. The purchaser is equally responsible for his/her agents and collaborators during the collection of the goods. The purchaser is responsible for every authorisation or administrative formality that is needed so that the goods can be demolished or shipped. It is forbidden to burn, weld, polish on the spot or to sand without being sufficiently confident that no damage of whatever nature can be caused. If it appears necessary to damage or bring changes to buildings or other goods than the ones that are listed for sale, this can only be done after the written authorisation of Faillites.info sprl with respect to the terms and conditions set out within this authorisation. When appropriate, a warranty may be requested in order to cover the possible damage. Faillites.info sprl may decide that a certain good may only be withdrawn after the withdrawal of other goods.
If the purchaser does not collect the goods, these shall be carried to the properties of Faillites.info sprl or, if applicable, shall be destroyed at the expense of the defaulting purchaser. Faillites.info sprl reserves the right to transfer the damage and the charges arising from the shipment, disassembly or storage to the purchaser that was hold responsible for the termination of the purchase agreement. If within 2 months from the date of issue of the order, the items are not removed by the buyer; Faillites.info sprl reserves the right to evacuate or destroy the goods in question, and this, without any possible recourse on the part of the purchaser
If the owner of the building or third parties claim rights over a certain good before the collection of the respective good by the purchaser, Faillites.info sprl may cancel the purchase provided that Faillites.info sprl returns in full the amount that was already paid for the respective good. Faillites.info sprl shall signal this termination by e-mail or in writing. The purchaser may not claim other rights and he/she could by no means claim any compensation.
Default and complaint submission
There is a possibility for Faillites.info sprl to receive complaints regarding individual transactions. Faillites.info sprl may eliminate individual offers without notice or previous justification. Faillites.info sprl processes each complaint within the fourteen (14) days after receipt. The decision is communicated to all the concerned parties.
The defects in the functioning of the portal of Faillites.info sprl, such as: the excessive downtime, coding errors, loss of data, etc., need to be communicated within seven days.
Responsibility
Faillites.info sprl acts solely as an online intermediary, that supplies an electronic portal to the purchaser, the bidder, seller and others. The responsibility is restricted to the essential alleged responsibility of Faillites.info sprl, that is in this case, the responsibility for the correct and normal operation of its online portal system or website. It does not bear in any way a responsibility with respect to the contents, the actual state and the terms and conditions of offers and related materials. However, this last responsibility is taken into account by the purchaser, the bidder or the seller.
In the event of a difference between the purchaser, the bidder or the seller, Faillites.info sprl is free of any liability and shall be indemnified and refunded with regards to claims and damage arising from such a litigation through the concerned parties.
In the event of force majeure, Faillites.info sprl is not obliged to comply with its obligations towards the other party. Faillites.info sprl is authorised to suspend its obligations for the duration of the force majeure. By force majeure it is important to understand any circumstance beyond a party’s control that prevents this party from complying with its obligations in full or in part towards the other party.
Intellectual property
All the intellectual property rights and all the secondary rights remain the property of Faillites.info sprl. It is important to understand with this concept: intellectual property, copyrights, trademarks, design and model rights and/or other rights (intellectual property rights) which include those of the know-how, methods and technical and/or commercial concepts that may be patented or not. The purchaser, the bidder or the seller is not entitled to use them and/or bring changes to the intellectual property rights described within the present article unless it only concerns the private use of the actual product.
Applicable law and competent judge
The Belgian law applies, to the exclusion of any other, to all the offers and all the agreements. The applicability of the Vienna Convention regarding the sales is expressly excluded. All the litigations that are connected to or arising from the offers of Faillites.info sprl, or from agreements concluded with it, shall be submitted to the judge that has a territorial jurisdiction unless a mandatory legislative provision designates another to have jurisdiction.