Términos y condiciones
Last updated 26 July 2023
COMMISSIONS:
• Sellers pay a flat fee of 70 euro with not VAT included (8.10%) regardless of whether the object sells or not, you will pay only 70 euro to list your object with New Age GmbH Auctions.
• Buyers VEHICLE pay 6% + not VAT included (8.10%) If you win a New Age GmbH auction, we will charge 6% of the final bid price, with a minimum fee of 250 euro and a maximum fee of 6,000 euro. The commission for sales over 100,000 euro is capped at 6,000 euro, so it's less than 6%. The commission on a 1,000,000 euro purchase on New Age GmbH is
0.6%.
NON-VEHICLE – Should you win the auction; a 10% +not VAT included (8.10%) non-refundable buyer’s premium (EURO) will be added to the total price as per the user agreement. The buyer's premium will be added to the winning bid. A hold equal to the amount of the premium will be placed on your credit card upon placing a bid. If you do not win, the charge will be released in full.
Article 1: Terms of Use
Our Terms of Use (‘Terms’ for short) and other documents we mention below are legally binding agreements between you and us. The Terms apply to your use of our website, including any subpages and subdomains of the website, our mobile, tablet, and other smart device apps, our app program interfaces, and all associated services.
Our Terms are the rules that govern browsing, bidding, buying, and selling on or through New Age GmbH. All users of our online marketplace need to accept and are bound by our Terms.
We’ve split parts of our Terms into Buyer Terms and Seller Terms. This helps you focus on what’s most relevant to you.
Article 2: Guidelines & policies
Submission guidelines
Our submission guidelines guide sellers on what objects our experts usually accept for auction and on the best way to present them. Find out more in our Seller Terms.
Feedback Policy
Buyers can provide feedback to sellers they buy from. Sellers can respond to this feedback. For the sake of transparency, we include this feedback on our platform.
User
It’s important to us that everyone is treated with courtesy and respect. We don’t tolerate inappropriate, offensive, hateful, or threatening communications towards any of our users or employees.
All guidelines and policies are considered part of our Terms. But if there are any discrepancies between our Terms of Use and our guidelines and policies, the Terms of Use prevail.
Summary: We have a few guidelines and policies to keep New Age GmbH a safe and respectful place for our users.
Article 3: Other agreements and laws
Your use of our online marketplace might also be governed by other agreements or applicable international laws and regulations and we expect you to comply with these.
Laws and regulations for certain objects
There are laws and regulations for certain types of objects sold on New Age GmbH. For example alcohol, weapons (including antique weapons), explicit content, or objects protected by cultural heritage or endangered species legislation.
Laws and regulations applicable to you
By using our online marketplace, you are obliged to comply with all applicable national, EU, and international laws and binding regulations regarding bidding on, purchasing, offering for sale, and selling objects.
Summary: We expect you to comply with all laws and regulations that apply to you or the objects you buy or sell. Our Terms supersede your or third party terms and conditions.
Article 4: New Age GmbH is an online marketplace
New Age GmbH is an online marketplace. We connect buyers and sellers of special objects through automated online auctions or other selling methods.
We’re a facilitator, not a seller
New Age GmbH is not a traditional auction house. We don’t own anything listed or sold on our online marketplace and are not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller and it’s important for both buyer and seller to fulfil their obligations under the contract of sale.
Summary: We are an online marketplace. We don’t sell objects ourselves and we’re not part of the contract of sale between buyers and sellers.
Article 5: Services and fees
We run an online marketplace that provides different services to buyers and sellers. Both parties pay a fee for these services. By using our marketplace, you agree to us providing services to both buyers and sellers.
Experts virtually review and select objects
We employ in-house experts who have many years of experience in their field. They virtually review and select objects to be sold on New Age GmbH.
Platform services
We provide a number of other services to our users, so buyers can find the special objects they’re looking for and sellers can offer their objects to an international audience of bidders who share their passion. Our services also help ensure a seamless sale and after-sale process.
Third-party service providers
To enhance your experience and offer you a safe and reliable online marketplace, we may use or recommend third-party service providers, such as payment or shipping providers. Your use of their products, services, applications, or websites may be subject to their terms and conditions and other policies.
Ancillary services
We do not offer shipping services. The buyer will arrange with the seller to carry out everything relating to shipping. New Age GmbH will never be responsible for shipments. New Age will be completely excluded from any involvement.
Buyers pay
The Buyer fee for buyers is a specified percentage (6%) of the purchase price. This includes VAT (if applicable). We add this fee to the total costs buyers pay at checkout.
Sellers pay a seller fee
The fee for sellers is 70€ of the purchase price. This excludes VAT. We deduct this fee from the payment sellers receive after the sale.
Summary: We offer services to buyers and sellers, including virtually reviewing objects and providing a safe and reliable platform for our users. We charge a fee for our services. In providing our services, we may use the services of third parties
Article 6: Your New Age GmbH account
Before you can bid, buy, or submit an object to sell, you need to create a New Age GmbH account. Anyone of legal age may create an account. Minors who want to create an account must get permission from their parent or legal guardian.
Supported countries
To create an account, you need to live in one of our supported countries. You can only bid from supported bidder countries and sell from supported seller countries.
If for some reason a previously supported country is added to the unsupported country list and you live in that country, we’ll let you know. In this case, we may have to restrict our services or suspend or terminate your account.
If for some reason a previously supported country is added to the unsupported country list and you live in that country, we’ll let you know. In this case, we may have to restrict our services or suspend or terminate your account.
Provide complete info
Provide complete and truthful info about yourself and/or your company. You may not provide false info or impersonate another person and/or company.
Keep your info up to date
You’re responsible for keeping your account info up to date to make sure the sale and shipping of objects runs smoothly. Also keep in mind, we or our payment providers may ask for additional info after you create your account.
Data for reporting obligations
Subject to laws and regulations that apply to us, we may need to collect certain data from you, for example to provide to tax authorities. You confirm that if we request such data from you, you will provide it in a correct and timely manner. Failure to share required data may mean that we can (temporarily) suspend your account or take any of the other measures mentioned in Article 13.
Identification
We, our payment providers or any other third party we use in providing our services, may ask you to identify yourself as part of your account registration or to complete a sale. Failure to successfully verify your identity might mean that you cannot register an account,complete a sale or receive your payment.
Pick an appropriate username
Your username must be appropriate and not offensive, vulgar, or misleading. It may not infringe on the intellectual property rights or other rights of third parties. We may not accept a particular user name or ask sellers to amend their user name, if it is the same or very similar to that of an existing seller.
Keep your account safe
Keep your username and password secret. You’re responsible for any activity related to your account, including any payment or delivery obligations. We assume that only you can sign in using your username and password. To keep your account secure, we advise you to regularly update your password.
Your account is your responsibility
Your account is your responsibility and you use our online marketplace at your own risk. The same applies to your use of technical means, such as a computer, phone, or internet connection.
Terminating your account
You may terminate your account at any time. However, we have the right to refuse deletion of your account, for example, if you still need to perform certain obligations (such as payment or delivery obligations) towards us or a user.
If you terminate your account, it doesn’t automatically mean all your personal data will be deleted. Our Data Protection & Privacy Notice contains more detail on the data that will and can’t be deleted.
If you terminate your account, it doesn’t automatically mean all your personal data will be deleted. Our Data Protection & Privacy Notice contains more detail on the data that will and can’t be deleted.
Reject account registration
It is at our absolute discretion to reject any account registration to bid or sell on our online marketplace.
Summary: You need an account to bid, buy, or sell on New Age GmbH. It’s important for you to add the correct details to your account, keep your details up to date, and keep your username and password secret.
Article 7: Your personal data
We’re dedicated to treating your personal data with care and respect, and processing it responsibly. For more details, you can read our Data Protection and Privacy Notice. In general, we rely on three principles when processing your data:
Be transparent
We want to make sure you understand what happens with your personal data and how we process it. Should you have any questions, please don’t hesitate to contact us.
Be careful
You trust us to protect your personal data properly. Therefore, we are careful how we use it and with whom we share it. We constantly monitor any risk that may impact the security or integrity of our online marketplace and our internal databases and also other risks, like fraud.
Be relevant
In the course of our operations, we collect your personal data to help us understand how you use our online marketplace, and where we can make improvements and be more relevant to you. Still, we try not to collect any more data than we need, and to delete data when it is no longer relevant to us.
Summary: We’re dedicated to treating your personal data with care and respect, and processing it responsibly. We use your data to help improve your experience, and we aim to be transparent about what data we collect and how we process it.
Article 8: How auctions work
On New Age GmbH, we run online auctions of special objects. Bidders can bid on these objects and the highest bidder at the end of the auction buys the object. Here’s a little more detail on how it works:
Every bid or successful use of buy now is binding
Every bid or successful use of buy now on our online marketplace is binding. This means you can’t retract your bid or use of buy now and if you’re the highest bidder or successfully used buy now, you agree to pay for the object.
We’ll assume you’re the only one using your account. Which means we’ll assume you place every bid placed through your account. That’s why it’s important to keep your account secure (see Article 6).
We’ll assume you’re the only one using your account. Which means we’ll assume you place every bid placed through your account. That’s why it’s important to keep your account secure (see Article 6).
Auctions end when the time runs out
Auctions run for a set amount of time and end when the time runs out. You can see how much bidding time is left on the object page.
Auctions can be extended
If you place a bid in the last minute of an auction, the bidding time increases by 60 seconds. This gives other bidders a fair chance to place a counter bid. The timer will increase by 60 seconds with every additional bid placed in this extra time.
How reserve prices work
A seller can set a reserve price for their object. The reserve price is the minimum bid amount the seller will accept for the sale of their object. If at the end of an auction the reserve price isn’t met, the object won’t be sold and no contract of sale is concluded.
We may facilitate after-auction sales
If a seller’s reserve price isn’t met or a sale is cancelled, we may offer a range of options to the seller. These include facilitating after-auction sales by giving the seller a chance to offer the object to the highest or second-highest bidder. Or letting the seller offer the object in another New Age GmbH auction. We may contact users to explore and facilitate these options.
Auctions are supervised by an independent notary
Our auctions are supervised by an independent civil notary, who makes sure that our Terms are followed. You can find out more about the role of the civil notary here.
Summary: All bids are binding and the highest bidder at the end of an auction pays for the object. Auctions will end at predetermined end times, which can be extended by bids placed in the last 60 seconds of an auction.
Article 9: Rules of online auctions
It’s important that our auctions are fair to all and run smoothly. To maintain the integrity of our online marketplace and our auctions and to ensure these are free from interference, fraud, and unlawful behaviour, the following rules apply:
Upload appropriate content
You may not post, list, or upload inappropriate content or objects anywhere on New Age GmbH.
Make sure you can legally use our services
You can only use our services if you’re allowed to form legally binding contracts (for example, if you’re of legal age). You may not use New Age GmbH if you are temporarily or indefinitely suspended from using our services. Also, be aware that some objects offered for sale are only available for buying upon a certain age (e.g. alcohol).
Respect feedback and ratings
You may not take any action that may undermine our feedback or rating systems.
Don’t transfer your account
You may not transfer your account (including feedback) or user ID to another party without our consent.
Keep user info private
You may not harvest or otherwise collect info about other users, such as email addresses, without their consent.
Use contact info mindfully
You can only use the contact info of other users in relation to a specific transaction on our online marketplace (see Article 16).
Shill bidding is not allowed
Shill bidding is when someone bids on an object to artificially increase its price, desirability, or search ranking. This behaviour is strictly forbidden. You are prohibited from bidding on your own objects or objects offered by relatives or friends.
Side deals between users are not allowed
We can take certain measures if this happens (see Article 13). If another user asks you to complete a transaction outside of New Age GmbH, please let us know.
Payments need to be legal
You may not participate in our online auctions if you’re directly or indirectly involved in money laundering or terrorist financing, or are subject to any economic sanction laws. To check this, our payment providers may ask you to provide additional info.
Respect intellectual property
It’s important for you to respect the intellectual property rights (including copyright, trademark, patent, moral, database, and others) that belong to or are licensed to New Age GmbH. You must also respect the intellectual property rights of third parties affected by your use of our services.
Report unlawful material
If you think that certain user material is unlawful, we kindly ask you to report this to us. We are only obliged to remove unmistakably unlawful user material after being notified. We may refuse a request to block, remove user material, or discontinue an activity if we have concerns about the validity of the notice or the legitimacy of the evidence submitted.
Harming our infrastructure is not allowed
You may not perform any actions or use any software such as viruses, Trojan horses, worms, bots, or other software or technical tools that can harm the operation and infrastructure of our online marketplace. This includes reverse engineering, trying to obtain the source code, making our marketplace inaccessible, or circumventing technical protective measures.
Article 10: Contract of sale
In most cases, the highest bidder at the end of an auction or the person who successfully used buy now automatically enters into a contract of sale with the seller. This contract applies to all purchases on our online marketplace, including any after-auction sales. Make sure to read this contract carefully.
Rights and obligations
The contract of sale determines the rights and obligations of both buyer and seller. For the buyer, the most important obligation is to pay the purchase price. For the seller, the most important obligation is to carefully ship or transport the object to the buyer.
Amending the contract of sale
If both buyer and seller agree, you can amend the contract of sale, as long as the changes follow the law and are in line with our Terms and policies. Our Terms always prevail in case of conflicts.
We aren’t a party to the contract of sale
We aren’t directly involved in the contract of sale but if there’s a conflict, we’ll use reasonable efforts to provide a solution and in exceptional cases we can also cancel the contract of sale (see Article 11).
Failure to fulfil obligations
If the buyer or seller doesn’t fulfil their obligations under the contract of sale, the other party - or we on its behalf - can send a notice of default including a reasonable deadline to fulfil the obligations. If, after this deadline, obligations still aren’t fulfilled and/or can no longer be fulfilled by the defaulting party, the other party - or we on its behalf- can cancel the sale.
Cancellation
Through New Age GmbH it is not possible to cancel after paying for the item. There will be no possibility of refund for any reason.
The party that is at fault is, in most cases, also responsible for any costs and damages caused by not fulfilling their obligations under the contract of sale. This includes any costs for measures we or the party that is not at fault take to try to continue with or cancel the sale.
We may, but are never obliged to, send a notice of default and/or a notice of cancellation on behalf of a user.
The party that is at fault is, in most cases, also responsible for any costs and damages caused by not fulfilling their obligations under the contract of sale. This includes any costs for measures we or the party that is not at fault take to try to continue with or cancel the sale.
We may, but are never obliged to, send a notice of default and/or a notice of cancellation on behalf of a user.
Users who don’t complete account registration
If an object is sold on our online marketplace but one of the users hasn’t successfully registered their account with us or one of our payment providers, the buyer and seller won’t enter into a contract of sale and the sale will be cancelled. This situation is very rare.
Summary: A contract of sale is between the buyer and seller. Both need to fulfil their obligations under the contract. If a party doesn’t fulfil its obligations, the contract of sale might be terminated and the defaulting party will be liable for costs and damages.
Article 11: Claims with other users
We work hard to make sure sales run smoothly, with both buyers and sellers satisfied. However, in exceptional cases, a buyer or seller might ask us to open a claim, for example if the object a buyer bought isn’t as the seller described.
New Age GmbH will not be responsible for the seller's behavior after receiving payment for the sold item. The buyer will bear the maximum responsibility after the auction has concluded.
Article 12: Disputes between you and us
If you’re unhappy with our services or if you’re in violation of our Terms, we’ll try to find a solution. If we can’t find a solution, you or we may seek resolution in or out of court.
For buyers
If you’re a consumer, you can submit a complaint to an authority for online dispute resolution.
Report disputes within 1 months
If you have any complaints about us, especially if you feel we aren’t fulfilling our obligations, let us know in writing within 1 months of the issue occurring. If you report beyond this time, we’ll qualify your dispute as lapsed and it can no longer be invoked against us.
We may offset claims
We may direct debit or offset any financial claim we have towards you with a financial claim you have towards us.
Limitation period
Any dispute against us, including but not limited to disputes for damages or relating to undue payment or the fulfilment of obligations, will lapse after a 12-month period after being reported.
This 12-month period also applies if you’ve reported a dispute and we (or a third-party service provider) have asked you for more info or details, like bank account details to send you a payment. If you don’t respond within 12 months, we’ll qualify the dispute as lapsed. We’ll send you reminders to respond before the 12 months are up.
This 12-month period also applies if you’ve reported a dispute and we (or a third-party service provider) have asked you for more info or details, like bank account details to send you a payment. If you don’t respond within 12 months, we’ll qualify the dispute as lapsed. We’ll send you reminders to respond before the 12 months are up.
Applicable law and jurisdiction
The Terms, your use of our online marketplace, and any disputes that arise from this are exclusively governed by Dutch law.
Any disputes between you and us following from your use of our online marketplace or these Terms will be submitted to the competent court in Switzerland. If you’re a consumer and consumer law allows, you can submit to another court. You’ll need to choose an alternative court within 1 month of notifying us about the dispute.
Any disputes between you and us following from your use of our online marketplace or these Terms will be submitted to the competent court in Switzerland. If you’re a consumer and consumer law allows, you can submit to another court. You’ll need to choose an alternative court within 1 month of notifying us about the dispute.
We may take protective measures
During the dispute process, we may take the protective measures explained in Article 13.
Article 13: Keeping our marketplace safe
If we notice irregular or suspicious situations that put the reliability or integrity of our platform or online auctions at risk, if we reasonably consider that there is abuse of the system, fraudulent activity or another reasonable reason or where a manifest error becomes apparent in case of a user dispute and/or if we’re trying to resolve a claim, or if a user violates our Terms, we may take certain measures. If this happens, you’ll need to comply with any and all reasonable instructions and solutions we provide.
We may limit your participation
We may temporarily suspend your bidding or selling capacity. Where possible, we’ll let you know why. We may also remove any special status associated with your account or terminate any agreement between you and us.
We may limit access to your account
We may disable or deactivate your account at any time during the sale orlimit your ability to access or update your account settings.
We may revoke or not accept a bid or use of the buy now option
We may reject any bid or use of the buy now option. We may also revoke previously accepted bids or uses of the buy now option. For example, if a user makes a mistake entering their bid or if there’s a technical issue.
We may remove a bid or object or cancel an auction or sale
We may remove a bid, use of the buy now option, or an object from an active online auction. We may also cancel an auction or sale.
For example, if a bidder makes a mistake typing their bid, if a bid or use of the buy now option violates our Terms, such as with shill bidding, or if there are technical issues.
For example, if a bidder makes a mistake typing their bid, if a bid or use of the buy now option violates our Terms, such as with shill bidding, or if there are technical issues.
We may restart or extend online auctions
We may restart bidding or extend an auction beyond its original end time, either for the entire auction or an object in the auction. For example, if we experience an outage or a technical problem.
We decide the outcome of an auction or sale
We use our bidding log to determine the successful bidder or buyer. If there’s a discrepancy between the bidding log and any online records or messages, the bidding log will prevail.
We may also cancel a sale or re-list an object. If this happens after an error or dispute related to bidding, we’ll let the highest bidder know as soon as is reasonably possible.
We may also cancel a sale or re-list an object. If this happens after an error or dispute related to bidding, we’ll let the highest bidder know as soon as is reasonably possible.
We may cancel a sale
If necessary, we may cancel a sale. This can happen if, for example:
- We believe the object is counterfeit or stolen.
- The wrong bidder or buyer gets the object because of a technical issue, outage or irregularity.
- An unforeseeable situation means the contract of sale can’t be fulfilled (called force majeure).
You irrevocably agree that we have this (third party) right under the contract of sale and that this right can be invoked against you. You also grant us an irrevocable power of attorney to invoke this right.
- We believe the object is counterfeit or stolen.
- The wrong bidder or buyer gets the object because of a technical issue, outage or irregularity.
- An unforeseeable situation means the contract of sale can’t be fulfilled (called force majeure).
You irrevocably agree that we have this (third party) right under the contract of sale and that this right can be invoked against you. You also grant us an irrevocable power of attorney to invoke this right.
We guide the seller on what to do with an unsold object
If an object doesn’t sell, we may re-list it for auction, offer it to the highest or second highest bidder, or sell it through buy now. We make this decision in consultation with the seller.
We may take protective measures
If you’ve violated our Terms, particularly if you haven’t fulfilled your obligations under a contract of sale, we may suspend, withhold, or reverse payments or refunds to you.
We may use other protective measures to keep New Age GmbH safe and fair from infringing, fraudulent, or otherwise inappropriate behaviour, or to comply with any applicable laws.
We may use other protective measures to keep New Age GmbH safe and fair from infringing, fraudulent, or otherwise inappropriate behaviour, or to comply with any applicable laws.
Our decision is final
If any error relating to bidding or selling arises during or after the auction, our decision in exercising any of the rights at our disposal is final.
Penalty for violating our Terms
We can impose an immediate payable penalty of 15% of the purchase price of an object or €1,000, whichever is higher, for every individual violation of our Terms. For violations without a purchase price, this penalty will be €1,000.
The penalty amount will increase by 10% for each payment deadline missed and for each subsequent violation.
The penalty amount will increase by 10% for each payment deadline missed and for each subsequent violation.
Article 14: The nature of an online marketplace
Running an online marketplace means availability, security, and functionality are different from an offline marketplace. Because of this, there are some situations we can’t control or actions we need to take to keep New Age GmbH safe and fair.
Availability
We may make changes to our online marketplace at any time. For example, to:
- Correct any errors or omissions in any portion of our online marketplace.
- Test new features or make changes to existing features.
- Make any changes to the functionality or content of our online marketplace.
We may also pause or stop the operation of parts or all of our online marketplace. For example, if we need to do maintenance. We can’t guarantee that our online marketplace or any of its features will be available at any particular time or in any particular location or for a particular user.
- Correct any errors or omissions in any portion of our online marketplace.
- Test new features or make changes to existing features.
- Make any changes to the functionality or content of our online marketplace.
We may also pause or stop the operation of parts or all of our online marketplace. For example, if we need to do maintenance. We can’t guarantee that our online marketplace or any of its features will be available at any particular time or in any particular location or for a particular user.
Security
We have a dedicated security team who monitor our marketplace for threats and proactively work to keep it safe. However, we can’t guarantee we won’t experience a security breach, for example hacking attempts or viruses.
Functionality
We do our best to listen to your feedback and consistently improve. But we can't guarantee our online marketplace will be free from errors or that it will meet your expectations.
Virtual review
Our experts virtually review and select all objects to be sold on New Age GmbH. However, because the review process is virtual, we can’t guarantee the existence, quality, safety, or legality of objects sold on our online marketplace, or that objects are as the seller has described them.
Independent users
Our users are independent. This means we can’t guarantee the truth or accuracy of seller’s user material, listings, or feedback, the ability of sellers to sell objects, the ability of buyers to pay for objects, or that a buyer or seller will actually complete a transaction or return an object.
Your expectations
We can’t guarantee that the results of using our online marketplace will meet your expectations. For example, we can’t guarantee that your object will sell or will sell for a price that meets your expectations.
No liability
We can't be held liable for issues that are outside of our control or for actions we take to keep our marketplace safe and reliable. This includes, but is not limited to, any damages caused by:
- Actions that go against our Terms and unlawful use of our marketplace.
- The provision of our services and our online marketplace, including but not limited to your use of our services.
- False or inaccurate account info, not sharing any info or data we ask for.
- Your bidding, buying, or selling of objects on our online marketplace.
- Your sending or returning of objects.
- The accuracy of our estimates, the event that objects are valued at or sold for more or less than the estimated amount.
- Errors in object descriptions caused by (machine) translation.
- Any user material we might remove or change.
- The performance, conclusion, cancellation, or termination of the contract of sale, including the enforcement of our rights under the contract of sale.
- The condition or functioning of objects bought on New Age GmbH.
- Any reasonable measures we take to resolve claims or keep our marketplace safe and fair, including any solution provided to resolve a claim (see Article 11 and Article 13).
- Errors in any of our published text. For example in our help centre or our Terms and policies.
- User material or communications that are incorrect, unlawful or infringe on the rights of third parties.
- Your use of the services of third-party service providers.
- Unavailability, technical problems, or other issues that limit your access to our marketplace.
- Actions that go against our Terms and unlawful use of our marketplace.
- The provision of our services and our online marketplace, including but not limited to your use of our services.
- False or inaccurate account info, not sharing any info or data we ask for.
- Your bidding, buying, or selling of objects on our online marketplace.
- Your sending or returning of objects.
- The accuracy of our estimates, the event that objects are valued at or sold for more or less than the estimated amount.
- Errors in object descriptions caused by (machine) translation.
- Any user material we might remove or change.
- The performance, conclusion, cancellation, or termination of the contract of sale, including the enforcement of our rights under the contract of sale.
- The condition or functioning of objects bought on New Age GmbH.
- Any reasonable measures we take to resolve claims or keep our marketplace safe and fair, including any solution provided to resolve a claim (see Article 11 and Article 13).
- Errors in any of our published text. For example in our help centre or our Terms and policies.
- User material or communications that are incorrect, unlawful or infringe on the rights of third parties.
- Your use of the services of third-party service providers.
- Unavailability, technical problems, or other issues that limit your access to our marketplace.
Limitation of liability
If despite the above we are held liable for any (wrongful) act or omission, we can only be liable for direct damages.
Direct damages only includes actual (financial) loss, and reasonable costs incurred to prevent or limit damage or investigate the cause of damage. We can’t be held liable for indirect damages, for example through lost income, lost profits, reduced revenues, or standstill loss.
This limitation of liability also applies to our management, directors, experts, and other employees, representatives, and legal successors.
This does not exclude our liability for gross negligence or wilful misconduct committed by us or for damages resulting from injury to life, body, or health.
Direct damages only includes actual (financial) loss, and reasonable costs incurred to prevent or limit damage or investigate the cause of damage. We can’t be held liable for indirect damages, for example through lost income, lost profits, reduced revenues, or standstill loss.
This limitation of liability also applies to our management, directors, experts, and other employees, representatives, and legal successors.
This does not exclude our liability for gross negligence or wilful misconduct committed by us or for damages resulting from injury to life, body, or health.
Indemnification
If you violate these Terms, breach a contract of sale, take any improper actions during your use of our services or online marketplace, breach any laws, regulations or third-party rights, or commit a wrongful or fraudulent act, you agree, to the maximum extent permitted by applicable laws, to fully indemnify us, our management, directors, experts, other employees, representatives, legal successors, and any companies affiliated with us against claims from other users and third parties and all damages and costs we suffer or incur as a result of such act or omission from you.
Article 15: Amending our Terms
We may amend parts or all of our Terms, policies, guidelines, and help centre at any time by publishing the amended info on our online marketplace. If an amendment of the Terms significantly affects your rights or obligations, we’ll email you or bring the changes to your attention when you use our online marketplace or impacted services.
Accepting the amended Terms
If you continue to use our online marketplace after the Terms have been amended or supplemented, you irrevocably accept the amended or supplemented Terms.
Rejecting the amended Terms
If you do not wish to accept the amended or supplemented Terms, you cannot continue using the online marketplace and we will have to delete your account.
Severability
If any parts of our Terms are void for any reason, you’re still bound by the rest of the Terms. We'll aim to replace void parts of the Terms with the correct info as soon as possible. The updated parts of the Terms will have the same legal consequences as the void parts they’re replacing.
Transferring rights to a third party
We may transfer rights and obligations that follow from these Terms to third parties. By accepting these Terms, you accept such transfer of rights.
Article 16: Contact
Contacting other users
Contacting other users After you’ve bought or sold an object, you can use our internal messaging system to communicate directly with the other user. This system is a great way to arrange the delivery or pickup of an object, or for buyers to ask questions about the object. You may not use the internal messaging system to:
- Send unsolicited advertising or promotions, requests for donations, or spam.
- Insult, harass, or discriminate against other users or our employees.
- Send unsolicited advertising or promotions, requests for donations, or spam.
- Insult, harass, or discriminate against other users or our employees.
Contacting us
If you have questions about our online marketplace, our services, or our Terms, or if you’re experiencing technical issues, our experienced in-house support team is on hand to assist you. We try to get back to you in a timely manner and, where possible, provide you with an answer or solution.