REGISTRATION AND PARTICIPANT TERMS AND CONDITIONS – ONLINE BIDDING THROUGH BIEDEN & WONEN B.V.
Article 1. Definitions
Bieden & Wonen: the company (Bieden & Wonen B.V.);
User: the person who has registered on the website and has agreed to these terms and conditions;
Registration: registration of the user on the website by fully completing the registration form on the biedenenwonen.nl website and successfully completing the verification;
Offer: any amount offered by the user on a property that is up for sale via Bieden & Wonen;
Seller: the person on whose behalf the immovable property is offered by Bieden & Wonen;
Purchase agreement: the purchase agreement between buyer and seller;
Purchase price: the amount of the highest or best (assigned) bid, possibly increased by the costs that the seller wishes to have compensated by the buyer;
Purchase: the agreement whereby one undertakes the necessary and required action to pay a price for it in currency.
Article 2. Applicability
- These rules and conditions apply to all bidding processes organized by Bieden & Wonen for the immovable property, all bids thereon, every registration by a User as well as all related actions. The applicability of general and/or special terms and conditions used by the User is expressly rejected.
- When these rules and conditions are changed, the changed conditions will apply to the bidding processes, registrations and all related actions from the moment they come into force.
- By registering, the User confirms that he agrees to the applicability of these rules and conditions and confirms that he is familiar with the content of these rules and conditions. The user also confirms to agree and to be familiar with the content of the Online Bidding Rules and the Privacy Statement.
- These rules and conditions apply to the relationship between Bieden & Wonen and the User, as well as to the relationship between the User and the Seller.
- If one or more (part(s)) of these provisions are null and void or are annulled, the other provisions will continue to apply. The parties will then enter into consultations to agree on new rules to replace the void or voided provisions, which will express as much as possible the purpose and purport of the void or voided provisions.
Article 3. Functioning of the bidding process
- The website uses a transparent bidding system. The User must register via the registration form on the website. The User must register with a valid email address and must be a legal adult. After registration, the User can bid on one or more properties that have been placed on the website of Bieden & Wonen.
- Bidding takes place by auction. The bids must be submitted before the end time. This end time will be announced in advance on the website. The time is extended for bids in the final phase of the bidding round.
- The user has been given the opportunity to view and inspect the immovable property prior to the bid. If the User has not made use of this option, this is at their own expense and/or risk. The Seller will hold at least one open day on which the User can view the property.
- Any bid from a natural person who is not acting in the exercise of a profession or business is binding, unconditional and irrevocable. This means that Bieden & Wonen will not remove the User’s bids, unless this has been approved by Bieden & Wonen. However, the purchase is only concluded when the written purchase agreement has been legally signed by the Seller and the User / Buyer. From that moment on, the statutory three-day cooling-off period also applies. Until this time, every offer is conditional and revocable.
Any bid from a User who is a legal entity or a person acting in the exercise of a profession or business is unconditional, irrevocable and without any reservation.
- If the bidding process has ended, the Seller decides whose bid is accepted. This is in the Seller’s favor. Bieden & Wonen will make a decision on this as soon as possible and the User will be notified of this as soon as possible. The Seller must make itself heard within 3 working days after the end of the relevant bidding round. Each bid is therefore valid for a maximum of 3 working days from the User/bidder. Furthermore, a purchase agreement will be drawn up with the User as soon as possible after the award. If the Seller does not make a determination in time, this will automatically be regarded as ‘not awarding’.
- The Seller is entitled not to accept offers without stating reasons. The Seller may also decide not to proceed with the (internet) sale, to terminate it earlier, to extend it or to start a new bidding process (bidding round). Offering the immovable property via the website of Bieden & Wonen does not mean that the Seller may not sell or offer the immovable property for sale in any other way. The seller is not obliged to agree to the highest bid on the bidding rounds (or via the bidding form). The seller may agree to an offer with a lower purchase price, but, for example, with more favorable resolutive conditions.
- User is aware and acknowledges that he/she does not enter into an agreement or legal relationship with Bieden & Wonen. Bieden & Wonen works exclusively on behalf of and in the interests of the Seller. The activities of Bieden & Wonen are in any case limited to offering a home for sale, taking care of online bids and establishing contact between the Seller and the Buyer. The work therefore expressly does not consist of advice, such as with regard to the content of the Purchase Agreement or legal and/or factual defects. Bieden & Wonen therefore accepts no liability for this. Bieden & Wonen will also not be a party to the Purchase Agreement between the Seller and the Buyer. Disputes arising from such an agreement must be resolved by the parties themselves. Bieden & Wonen does not play any role in this whatsoever. All obligations of Bieden & Wonen count as best-efforts obligations. No results are promised or guaranteed by Bieden & Wonen. Bieden & Wonen is not liable for any damages resulting from the failure to conclude an agreement in which Bieden & Wonen was involved, regardless of the cause thereof.
- Texts, promotions and advertisements on the Bieden & Wonen website or bidding process do not constitute an irrevocable legal offer.
Article 4. Organization
The organization, preparation and execution of the sale are the responsibility of Bieden & Wonen. Bieden & Wonen has the authority to ignore a bid, to exclude one or more users from the sale, to rectify mistakes in bids and/or allocations, without the User being able to make use of these mistakes and/or to have rights thereto. and take other measures that it deems necessary.
Article 5. Bidding and the account
- With the bid, the user indicates which (resolutive or suspensive) conditions the user wishes to declare applicable to the bid. The standard model purchase agreement applies to every bid, as does the legal 3-day cooling-off period that applies when the provisional deed of sale has been signed.
- The User does not owe Bieden & Wonen for its services. Because Bieden & Wonen provides services to the Seller, the Seller will owe Bieden & Wonen one or more fees. The Seller can choose to charge the costs that the Seller owes Bieden & Wonen to the User/Buyer by only accepting a higher purchase price. If this is the case, this will be clearly indicated in the control screen before a bid is placed. The user must agree to this before placing the bid. This means that the purchase price offered by the User is automatically increased by this amount. This may give the User the opportunity to finance this amount more easily in the mortgage. Please note: these are different costs than the costs that usually fall under ‘additional costs’ or ‘buyer costs (k.k.)’. ‘Buyer’s costs’ include, for example, the transfer tax and the costs for the notary.
- In addition to the Purchase Price in a bid possibly being increased by the compensation that the seller may want to be compensated by the User, other costs may be borne by the User, such as in any case taxes and costs for the transfer of ownership. These costs must be paid by the User into the escrow account of the civil-law notary after the conclusion of an agreement.
- The User is responsible for the content of the account or communication and indemnifies Bieden & Wonen – in and out of court – against any claims from third parties against it. Bieden & Wonen is in no way liable for the content of the account or communication including photo and/or other visual material. The User indemnifies Bieden & Wonen, both in and out of court, against claims from third parties in connection with the content of the User’s account or communication.
- Bieden & Wonen is in no way liable for any damage resulting from the (temporary) unavailability of the bidding process, account, content or communication.
Article 6. Liability
- The data on the website and promotion of the property are indicative. They should only be regarded as a non-binding advertisement. The photos shown are a snapshot, the actual situation may be different. If you are unsure about the information provided in the promotion, please contact Bieden en Wonen. Bieden & Wonen cannot guarantee the accuracy and/or completeness thereof, despite the care it has taken in compiling the sales documentation included on its website.
- Bieden & Wonen hereby excludes any liability vis-à-vis the User for any direct and/or indirect damage whatsoever, arising in any way, including but not limited to damage resulting from the use of the website of Bieden & Wonen, such as the correctness of the information provided on this website, the lack thereof, the actuality thereof, defects or viruses and/or similar files and programs due to the visit to this website and participation in the bidding process or other actions of Bieden & Wonen.
- The liability of Bieden & Wonen is in any case limited to the amount paid out by its professional liability insurance.
- Bieden & Wonen’s liability never includes consequential damage and, except for intent or gross negligence, neither property damage, immaterial damage or loss of profit.
- Bieden & Wonen does not guarantee statements, actions or behavior of the Seller, whether or not through www.biedenenwonen.nl
Article 7. Processing personal data
In the context of its services, Bieden & Wonen processes the personal data of the user. Reference is made to the privacy statement. By registering on the website of Bieden & Wonen, the User gives permission for the processing of (personal) data.
Article 8. Applicable law
Dutch law applies to these terms and conditions. The Dutch court has exclusive jurisdiction to decide on disputes arising from these rules and conditions and/or disputes arising from the sale.
