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General conditions of the buyer

General Terms and Conditions of Online Auction auctions.merkandi.com

 

ACCEPTANCE OF THE TERMS. Before you ("Buyer") undertake to use Merkandi (auctions.merkandi.com) to purchase any item offered for sale by the Seller, Merkandi (auctions.merkandi.com) requires you to read and accept the General Terms and Conditions. BY CHECKING THE BOX "General Conditions" HEREBY YOU DECLARE THAT HAVE READ, UNDERSTOOD AND ACCEPTED THE  BUYER'S GENERAL CONDITIONS AND OTHER REGULATIONS INCLUDED HERE BY ANY REFERENCE TO THEM, AND THAT YOU WILL BE FINANCIALLY RESPONSIBLE FOR YOUR USE OF Merkandi (auctions.merkandi.com) AND PURCHASE OF EQUIPMENT. 

If you do not accept the General Terms and Conditions, you will not be able to make offers or purchase Equipment through Merkandi (auctions.merkandi.com). If you have any questions, please contact us at auctions@merkandi.com.

ACCEPTANCE OF THE TERMS. Before you ("Buyer") undertake to use Merkandi (auctions.merkandi.com) to purchase any item offered for sale by the Seller, Merkandi (auctions.merkandi.com) requires you to read and accept the General Terms and Conditions. BY CHECKING THE BOX "General Conditions" HEREBY YOU DECLARE THAT HAVE READ, UNDERSTOOD AND ACCEPTED THE  BUYER'S GENERAL CONDITIONS AND OTHER REGULATIONS INCLUDED HERE BY ANY REFERENCE TO THEM, AND THAT YOU WILL BE FINANCIALLY RESPONSIBLE FOR YOUR USE OF Merkandi (auctions.merkandi.com) AND PURCHASE OF EQUIPMENT. 

If you do not accept the General Terms and Conditions, you will not be able to make offers or purchase Equipment through Merkandi (auctions.merkandi.com). If you have any questions, please contact us at auctions@merkandi.com.

 

ARTICLE 2. APPLICATION

2.1 The terms of use apply to the relationship between Buyers (Users) and Merkandi (auctions.merkandi.com) on the Alitrada auction platform.

2.2 Application of other terms than General Terms and Conditions presented, Auction General Conditions and (if applicable) Auction Detailed Conditions is excluded.

2.3 Merkandi (auctions.merkandi.com) collects and processes personal data of Users, Sellers and Buyers in accordance with the Privacy Statement on its website. No person other than Merkandi (auctions.merkandi.com) may use them for their own commercial purposes.

2.4 By registering with the use of the form available for this purpose on the Website, each User declares that he/she has read these Terms and Conditions and accepts them.

 

ARTICLE 3. AUCTION

3.1 Merkandi (auctions.merkandi.com) reserves the right to cancel the auction, end the auction before the time stated on the website or extend the auction. If technical problems arise and the site is not fully accessible and/or unavailable to all Users, Merkandi (auctions.merkandi.com) has the right to

extend the auction by 24 hours.

3.2 By registering, the User declares that he/she is aware of the specific conditions of the online auction and possible errors in the description/photos. Merkandi (auctions.merkandi.com) hereby excludes all liability for any damages, direct and/or indirect that may occur, including but not limited to, damage resulting from the use of the Website, unless it is caused by intentional or unintentional negligence on the part of Merkandi (auctions.merkandi.com). In particular, Merkandi (auctions.merkandi.com) is not liable for any damages arising in any way and/or resulting from:

  • User actions that have been allegedly suggested by information on the website;

  • Inability to (fully) use the Website and/or any malfunction of the Website or base system;

  • Lot not matching the specifications given on the Website;

  • The fact that the information on the Website is incorrect, incomplete or out of date;

  • Errors in the Website's software and/or system;

  • Illegal use of systems, including use of the Merkandi website (auctions.merkandi.com) by a third party;

  • The Seller's actions after the User's conclusion of the purchase contract with the Seller.

 

ARTICLE 4. ORGANISATION OF THE AUCTION

4.1 Merkandi (auctions.merkandi.com) manages the organisation, preparation, implementation and termination of the auction.

4.2 Before or during the auction, Merkandi (auctions.merkandi.com) has the right to do the following without giving reasons:

  • cancel the User's bid;

  • exclude one or more Users from the auction;;

  • combine items into one lot, divide them into parts and withdraw parts from the auction;

  • correct errors in the auction’s description, without the possibility for Users to avail of these errors and/or exercise any rights based on them;

  • take other actions that are required in the opinion of Merkandi (auctions.merkandi.com).

4.3 Merkandi (auctions.merkandi.com) is entitled, before and/or during participation in some auctions and/or offers on some lots, to demand a deposit or other security from Users prior to delivery or auction.

4.4 The Client and/or Merkandi (auctions.merkandi.com) are entitled to add lots from another bidder to the auction.

4.5 The opinion of Merkandi (auctions.merkandi.com) regarding what took place during the auction is binding.

 

ARTICLE 5. OFFERS; PURCHASE CONTRACT

5.1 The User may submit an offer on the Website for one or more items. Each offer is unconditional, irrevocable and without reservation. Merkandi (auctions.merkandi.com) and/or the Seller has the right to refuse an offer without giving a reason. Offers are made excluding the Merkandi (auctions.merkandi.com) auction fee and VAT. Merkandi (auctions.merkandi.com) and/or

the Seller is entitled to make offers.

5.2 Merkandi (auctions.merkandi.com) reserves the right to assess the credibility of the bids submitted at auction and to remove and block the bidder. No user can benefit from this.

5.3 Bids can be submitted in the form of a "static bid", "automatic bidding" or via the MBid system before the auction. In the static bid, the User submits an offer in the form of a fixed amount for each lot. By using automatic bidding, the User specifies the maximum price he is willing to pay. The auction system ensures that after the bid has been submitted by a third party, a slightly higher bid is immediately placed on behalf of the User, unless the maximum amount indicated by the User has been exceeded. The User may cancel the automatic bidding only by submitting a static bid, which is the highest offer at that time. MBid is a software for bidding before the auction starts and works like an automatic bidding system.

 

5.4 The purchase contract is created on the basis of the goods release form and invoice issue. A purchase contract is usually created for the user who made the highest bid. Applying the provisions of

Article 5.1, in accordance with the terms of the contract specified in the Auction Detailed Conditions or for other reasons, at Merkandi's (auctions.merkandi.com) discretion, the lot/item may be assigned to a user other than the user who placed the highest bid in the auction.

5.5 Within 48 hours after the closing of the auction (excluding Saturdays, Sundays and public holidays) the Buyer is notified by e-mail,

on behalf of the Seller(s) that a purchase contract has been concluded. If the User does not receive an e-mail within this period, it means that his bid has not been selected.

5.6 Merkandi (auctions.merkandi.com) is not a party to the purchase contract, but only an intermediary in the creation of purchase contracts. Unless otherwise stated, Lots put up for Auction are not the property of Merkandi (auctions.merkandi.com) but the property of the Seller. Unless Merkandi (auctions.merkandi.com) is indicated in the sales contract, but a third party who acts as a seller, Merkandi (auctions.merkandi.com) will only act as a regular service provider or as an intermediary. In the latter case, Merkandi (auctions.merkandi.com) acts only on behalf of and for the benefit of the Seller. Accordingly, no sales contract will be made between Merkandi (auctions.merkandi.com) and the Buyer. In the Auction announcement, in the Auction catalogue and/or in any other form of communication issued by Merkandi (auctions.merkandi.com), unless otherwise specified, the Auction shall be carried out on behalf of a third party.

5.7 If the Auction takes place 'before a notary or court bailiff', the official oversees the bidding as well as offers and proceedings of the Auction

Auction.

5.8 If the Auction is non-public, the Buyer who is a natural person not acting as a professional or entrepreneur has the right to terminate the contract without giving a reason within 14 days from the date of receipt of purchases. To exercise this right of withdrawal, Merkandi (auctions.merkandi.com) must receive a written withdrawal statement from the Buyer.

5.9 If the Buyer requests the right to withdraw from the contract, Merkandi (auctions.merkandi.com) will charge the Buyer an EUR 25 administrative fee for each returned Lot. The Buyer also bears all costs associated with the return of purchased goods.

5.10 If the Seller has set a minimum auction price (it is invisible to the Buyer) which does not include the auction fee and VAT, and this price has not been reached at the end of the Auction, the Lot will generally be withdrawn from the Auction. If the Lot is sold with the words "The lot has a minimum price, the sale is subject to approval by the seller", the Seller has the right, at the end of the Auction, not to sell the Lot. Therefore, the present Terms and Conditions exclude the use of all rights arising from this decision by Buyers.

5.11 The declared values of items on Merkandi (auctions.merkandi.com) in the selected currency are for information purposes only. Conversions of price lists available on the platform (auctions.merkandi.com) are only for non-binding customer information.

5.12 The minimum price is the lowest amount set by the seller for which she/he agrees to sell the item if the auction ends. If the minimum price is not reached, the seller has 48 hours to select the buyer with the highest offer that has not exceeded the minimum price. After making the selection, the sales contract is concluded. If the seller does not choose the buyer with the highest bid that does not exceed the minimum price within 48 hours of the end of the auction, this will close and the purchase contract will not be concluded.

 

ARTICLE 6. WARRANTIES, CLAIMS AND COMPENSATION

6.1 Merkandi (auctions.merkandi.com) and/or the Seller makes no warranty regarding the lots/items and claims of third parties. The Buyer waives all rights that he/she is not entitled to under mandatory law.

6.2 Merkandi (auctions.merkandi.com) and the Seller make every effort to obtain the best completeness, correctness and clarity of the description, photos, auction brochures and other advertisements. Accordingly, Merkandi (auctions.merkandi.com) and the Seller assume no liability for damages resulting from incorrect or incomplete description.

6.3 Lots are sold “as they are”, i.e. in the condition they are on the day the auction is launched, with all associated benefits and charges. Merkandi (auctions.merkandi.com) and/or the Seller do not provide any compensation for visible or hidden defects, nor do they provide any warranty regarding completeness, required documents, quantity, efficiency, marketability, existing or non-existent rights or claims of third parties and/or the possibility of transferring items to third parties.

6.4 Any defect of any kind, unfulfilled expectations of the Buyer and/or purchasing third parties do not give any right to (damage) compensation. It is assumed that the Buyer has carried out a thorough analysis on his/her own before buying at auction.

6.5 In relation to items, if there are claims of third parties due to (intellectual property or other) property rights, including retaining the title and/or rights of third parties, the Buyer is obliged to keep these items for these third parties, under the obligation to transfer these items to third parties. If the items are returned undamaged at Merkandi's (auctions.merkandi.com) first request, the Buyer is entitled to a refund of the purchase price paid for the item and the purchase contract for these items is considered terminated, without Merkandi (auctions.merkandi.com) and/or the Seller obtaining any compensation with regards to the Buyer. Otherwise, the Buyer is not entitled to a refund of the purchase price paid for the item.

 

ARTICLE 7. DUTIES OF THE USER / BUYER

7.1 The Buyer has the opportunity to inspect items prior to the conclusion of the purchase contract on the day and hours set by the Seller and/or Merkandi (auctions.merkandi.com) unless the description indicates otherwise.

7.2 Item descriptions and all information provided by Merkandi (auctions.merkandi.com) and/or Seller or on his/her behalf should be given to the best of their knowledge and be treated only as indication. Merkandi (auctions.merkandi.com) and/or Sellers do not guarantee their correctness. All translated texts of the original description at auctions.merkandi.com, followed by the words "Automatic translation" are examples of translations that can in no way be considered legally binding. If Merkandi (auctions.merkandi.com) shows or provides a sample, model or example, this is always just an indication. No claims against Merkandi (auctions.merkandi.com) may arise from this. 

Merkandi (auctions.merkandi.com) has the right to rectify inaccuracies of oral or written statements. The Buyer may not make any claims in this respect. Merkandi (auctions.merkandi.com) is not responsible for any inaccuracies or incompleteness in the description of items. The Buyer is not entitled to withdraw the bid at the auction, accordingly to terminate the purchase contract if it turns out that the item is not as described.

7.3 The Buyer, respectively the carrier engaged by the Buyer, is required to properly check the purchased items at loading/delivery. By signing the goods/item release form, the Buyer or carrier expressly accepts the products in their current condition, quantity and quality.

7.4 The Buyer is obliged to pay the auction fee to Merkandi (auctions.merkandi.com). Merkandi's (auctions.merkandi.com) remuneration must also be paid if the sales contract is concluded with a third party due to the provision of information by the Client.

 

ARTICLE 8. BUYER'S PAYMENTS

8.1The Buyer is obliged to transfer the purchase price amount to the bank account provided by Merkandi (auctions.merkandi.com) within 3 business days from the date of receiving an email with confirmation of winning the auction (purchase contract). Payments are made in EUR or in another currency indicated by Merkandi (auctions.merkandi.com).

8.2 If the purchase price is not paid on time, Merkandi (auctions.merkandi.com) will additionally charge the Buyer the value of 15% of the purchase price, which is a lump sum for recovery of costs and/or extrajudicial costs, plus statutory interest on the amount due, starting from the day when payment was finally due until the day of payment.

8.3 Partial payments will first be used to cover the costs, then the interest due, and finally the purchase price.

8.4 The Buyer who wants to pay the pro forma invoice exempt from VAT due to the exemption in accordance with art. 138 § 1 of Directive 2006/112/WE, must meet the following conditions:

  • The Buyer has to request for the VAT exemption form by sending an email to auctions@merkandi.com with regards to intra-EU delivery; and provide a valid (active) EU VAT number

  • A correctly completed form should be scanned and sent to the e-mail address: auctions@merkandi.com

  • The Buyer must pay the pro forma invoice using a bank account in the country where the EU VAT payer is registered

8.5 In case the Lots sold are exported outside the European Union, the purchase is exempt from VAT. Proof of export will be confirmed in the EX-1 document, which will be provided by customs. However, if the Buyer is registered on Merkandi (auctions.merkandi.com) as a non-EU person, the pro forma invoice sent to the Buyer by Merkandi (auctions.merkandi.com) will include VAT. The payment received by Merkandi (auctions.merkandi.com) will include VAT, unless stated otherwise. The Seller is obliged to refund the Buyer VAT within 40 business days from the date of delivery of the export documents by the Buyer.


 

ARTICLE 9. SAFETY

9.1 Persons entering buildings and premises on the day of viewing the items or on the day of purchase do so entirely at their own risk. The persons are required to follow the instructions given by the Client, Merkandi (auctions.merkandi.com) and/or third parties engaged by Merkandi (auctions.merkandi.com) to ensure the safety of all present persons.

9.2 The Client and Merkandi (auctions.merkandi.com) are not responsible for damages arising from access to the above-mentioned buildings and premises.

 

ARTICLE 10. PURCHASE

 

10.1 If the Buyer fulfills all the payment obligations, he/she may collect the given Lot(s) on the basis of the Lot(s) release form on dates and in places specified by Merkandi (auctions.merkandi.com). This is considered a purchase. The Buyer is obliged to collect the Lot/item(s) no later than within the time limit specified in the Auction Detailed Conditions and/or by email confirming that the auction has been won (purchase contract).

Merkandi (auctions.merkandi.com) may agree that a certain lot or lots may only be collected after purchasing other lots. 

10.2 The Buyer is responsible for the correct and timely receipt of purchased items. 

10.3 If the Buyer refuses to buy or fails to provide the information or instructions required to finalise the purchase contract, accordingly he/she has paid for the item(s) but failed to collect them on the date and time specified by Merkandi (auctions.merkandi.com), Merkandi (auctions.merkandi.com) and/or the Seller will be authorised to store the purchased items at the Buyer's risk, for example for the time up to one month or less.

After the indicated period, if the Buyer still fails to comply with his/her obligations under the purchase contract, the Buyer covers the administrative costs, storage and insurance in the amount of 5% of the value of the purchased item(s) but not less than EUR 350. After the aforementioned one month or shorter period given by Merkandi (auctions.merkandi.com) and/or the Seller, it is assumed that the Buyer has waived his/her ownership of the item(s), and Merkandi (auctions.merkandi.com) will be entitled to re-dispose the item(s). This provision applies without prejudice to Merkandi's (auctions.merkandi.com) right to request realisation of the contract and to claim full compensation in case the Buyer is in default due to failure to comply with any obligation under the purchase contract, at all times and in accordance with art. 12.2. 

10.4 The Buyer is responsible for ensuring compliance with all requirements, regardless of their nature, relating to the export of products to the EU country or a country outside the EU. This means, among other things, that the Buyer must comply with the laws and regulations of a given country, must obtain all documents required by law and, if necessary, must obtain all required permits. The Buyer must settle all taxes and fees on his/her own. If the items are to be transported, the Client or Buyer, not Merkandi (auctions.merkandi.com), should be  registered in the transport or customs documents respectively as the sender or recipient.

10.5 The purchase or, as the case may be, the ownership transfer takes place under the strict condition that the full purchase price and any other fees that may be due by the Buyer have been paid by him/her and, in the case of sale of one or more items on behalf of the trustee, on condition that the consent to conclude the contract has been issued by the bailiff and/or judge supervising the sale.

10.6 If it is necessary to dismantle bought items for the purpose of purchase, the Buyer should do so at his/her own expense and responsibility. The Buyer is entitled to disassemble items (constituting a demountable part of another device that is not the subject of purchase) related to the items purchased by another buyer only after obtaining express written consent from Merkandi (auctions.merkandi.com) and/or the Seller. The Buyer is liable for damage caused during dismantling to Merkandi (auctions.merkandi.com) and/or the Seller and claims of third parties. 

10.7 The Buyer requires the explicit consent of Merkandi (auctions.merkandi.com) and/or the Seller to use his/her own forklift to move and/or load the lot(s). The Buyer is aware of the relevant laws and regulations, such as PPE and other regulations, and should have a valid forklift civil liability insurance. The Buyer is always responsible for the safe use of the forklift at the auction site.

10.8 If it turns out that the lot cannot be delivered due to third party claims or due to the fact that the purchase may cause irreparable damage to buildings or premises in or on which the item(s) is located, Merkandi (auctions.merkandi.com) has right to termination of the purchase contract.

Termination should be realised by e-mail and/or registered mail to the Buyer at the address provided by him/her, after which Merkandi (auctions.merkandi.com) and/or the Seller is/are obliged to refund the Buyer only the amount that he/she has already paid for the purchase of the item(s).

10.9 The Buyer whose lot(s) hinders/interferes with the receipt of other lots is obliged to realise the receipt within 3 working days from the date of  being notified about it by Merkandi (auctions.merkandi.com) via email and/or notification at the address provided by the Buyer. If this is not done, Merkandi (auctions.merkandi.com) has the right that collection and possible storage be carried out by third parties at the expense and risk of the Buyer.

10:10 Merkandi (auctions.merkandi.com) is not responsible for waste disposal.

10:11  Merkandi (auctions.merkandi.com) should inform the Buyer of the presence of waste as soon as it becomes aware of it during the contract realisation.



 

ARTICLE 11. PERSONAL DATA/SELLERS/BUYERS/THIRD PARTIES

11.1 The Seller and Buyer agree that personal and/or company data of the Seller or a third party that may be presented on or in the lot do not form part of the purchase contract. The Buyer is obliged to destroy them accordingly. It is the Buyer's responsibility to treat these data as confidential and not to use them for its own purposes.

11.2 The Client’s identification data are hidden from all other users. Merkandi (auctions.merkandi.com) has the right to disclose the contact details of other clients only in cases where the contract was concluded directly between two clients, as well as in the case of a site visit. The Client’s identification data as well as the data sent to Merkandi (auctions.merkandi.com) in connection with the conclusion of the transaction will be saved by Merkandi (auctions.merkandi.com) in machine-readable form. The data will be used by Merkandi (auctions.merkandi.com) solely to support the auctions.merkandi.com platform and for other services rendered by Merkandi (auctions.merkandi.com). Merkandi (auctions.merkandi.com) has the right to store the data regarding completed transactions. The Client hereby agrees to such registration.

 

ARTICLE 12. CONTRACT TERMINATION

12.1 If the Buyer fails to fulfill any obligation under the purchase contract, including (but not limited to): failure to pay, respectively failure to pay the purchase price before the deadline; failure to collect the lot on time and/or failure to provide information or documents required for purchase.

 

The Buyer is in arrears in such cases by law, and the Seller is entitled to terminate the contract with the Buyer without the obligation to pay compensation (for damages) to the Buyer, and/or to sell the purchased goods to one or more third parties immediately while Merkandi (auctions.merkandi.com) and/or Sellers have the right to claim (additional) compensation of 20% of the flat-rate purchase price. This is subject to the right of Merkandi (auctions.merkandi.com) and/or the Seller to claim full compensation.

The above also applies if after the conclusion of the purchase contract, Merkandi (auctions.merkandi.com) or the Seller finds out about the circumstances that give the Seller and/or Merkandi (auctions.merkandi.com) reasons to fear that the Buyer will not fulfill its obligations. If Merkandi (auctions.merkandi.com) has asked the Buyer to provide additional security for the performance of the contract, which has not been provided or is insufficient, or if the Buyer fails to fulfill his/her obligations under the purchase contract.

The Buyer will pay Merkandi (auctions.merkandi.com) compensation for any damage to both Merkandi (auctions.merkandi.com) and the Seller caused by the Buyer’s actions. In the case of the solution referred to in this Article 12.1, the Buyer does not acquire the right to receive the item(s). 

12.2 In the event of circumstances relating to persons and/or materials used by Merkandi (auctions.merkandi.com), or which Merkandi (auctions.merkandi.com) has the habit of using when performing a purchase contract that has such characteristics that the its completion becomes impossible, burdensome and/or disproportionately costly making it no longer reasonable to request the completion of the purchase contract, Merkandi (auctions.merkandi.com) has the right to terminate the purchase contract without payment of (damages) compensation to the Buyer.

12.3 If there are circumstances prior to delivery and/or purchase that prevent the delivery or purchase of the item due to force majeure

on the part of the Seller or Merkandi (auctions.merkandi.com), for example as a result of fire, theft or damage caused by natural force, the Seller and Merkandi (auctions.merkandi.com) will be entitled to terminate the contract and they are not required to pay compensation. In this case, Merkandi (auctions.merkandi.com) and the Seller will only be obliged to reimburse the purchase price received by Merkandi (auctions.merkandi.com) and if Merkandi (auctions.merkandi.com) has sent an invoice to the Buyer regarding the item in question, the invoice will be recorded by sending a corrective note.

12.4 The assignment (transfer of rights under the contract) is only possible with the prior consent of Merkandi (auctions.merkandi.com).

ARTICLE 13. LIABILITY

13.1 Merkandi's (auctions.merkandi.com) liability that remains after applying the other provisions of these Auction General Conditions , General Terms and Conditions and Auction Detailed Conditions (if applicable) will always be limited to the amount that can be applied for due to Merkandi’s (auctions.merkandi.com) civil liability insurance. In the event that Merkandi's civil liability insurance (auctions.merkandi.com) does not cover the event, the liability of Merkandi's (auctions.merkandi.com) civil liability insurance will be limited to EUR  5,000,-.

13.2 Merkandi (auctions.merkandi.com) is not responsible for any consequential damages such as loss of profit or inability to sell items, or others.

13.3 Any liability of Merkandi (auctions.merkandi.com) in connection with any failure to comply with the terms of the party or in connection with (alleged) infringement of (intellectual property) rights of third parties is excluded.

13.4 Any right of the Buyer to claim against Merkandi (auctions.merkandi.com) and/or the Seller ceases to apply after 2 weeks from the delivery of the items or making them available to the Buyer based on the contract, unless the Buyer commenced proceedings before the competent court within that period.

13.5 Merkandi (auctions.merkandi.com) and/or the Seller do not secure the Buyer for visible or hidden defects, nor provide any warranty regarding completeness, documentation requirements, quantity, performance, marketability, the purpose for which the Buyer bought the items, the existence or lack of rights or third party claims and/or the possibility of transferring items to third parties. Any defects in anything, unfulfilled expectations of the Buyer and/or third parties purchasing do not give any right to any (damages) claim. The exclusion of liability in this Article 13.5, to the extent that it applies to the Seller, does not apply to the purchase contract concluded with the Client, unless there is force majeure on the part of the Seller and/or if the Buyer does not file a complaint with statutory deadline or the auction is public.

13.6 Merkandi (auctions.merkandi.com) and/or the Seller shall not be liable for damages or consequential damages, personal injury or damage to an item other than the purchased item, if the non-compliance is a defect in the sense of the product liability system. In case of the purchase contract with the Client, the exclusion of liability in this Article 13.6 does not apply to the Seller who produced these items, if the Seller has known or should have known about the defect.

13.7 Without prejudice to the other provisions of this Article 13, Merkandi (auctions.merkandi.com) and the Seller’s liability applies to the following:

Merkandi (auctions.merkandi.com) and/or the Seller is not responsible for damages to persons or objects that occurred or were caused before the conclusion of the purchase contract;

Merkandi (auctions.merkandi.com) and/or the Seller shall not be liable for damages arising from purchased items, including loss of purchased items;

Merkandi (auctions.merkandi.com) and/or the Seller is not responsible for visible and hidden defects of purchased items. The Buyer must carry out the inspection by himself/herself, whereby the Buyer is also obliged to inform Merkandi (auctions.merkandi.com) by registered mail if any imperfections, defects, deviations, etc. are detected. If the Buyer fails to do so, he/she shall bear all consequences of such negligence;

Merkandi (auctions.merkandi.com) and/or the Seller is not responsible for the non-compliance of purchased items with European directives, laws and other laws and regulations, including the laws and regulations regarding the promotion of employee safety in the workplace;

Merkandi (auctions.merkandi.com) and/or the Seller is not responsible for damages caused and/or resulting from damage to the environment or a dangerous substance in or on purchased items;

Merkandi (auctions.merkandi.com) and/or the Seller is not liable for damages resulting from the online auction as a result of the operation of the computer, including defects and/or failures of the hardware and/or software.

Merkandi (auctions.merkandi.com) and the seller are not liable for damages if the Buyer cannot submit a bid due to computer failure.

Merkandi (auctions.merkandi.com) and/or the Seller is not responsible for damages resulting from the online auction as a result of the spread of viruses via the auction website or other illegal programs or files.

Merkandi (auctions.merkandi.com) and/or the Seller is not liable for damages caused by incorrect, outdated and/or incomplete information, regardless of whether it is on the Merkandi website (auctions.merkandi.com) and/or on websites that can be accessed by clicking the links listed on the Merkandi website (auctions.merkandi.com).

Merkandi (auctions.merkandi.com) cannot guarantee that the Seller is actually entitled to sale of the items and that these items are not encumbered by third party rights or other restrictions or the intellectual property rights of third parties.

Merkandi (auctions.merkandi.com) is not liable for damages suffered by the Buyer, including consequential damages, if applicable to the Seller's lack of rights to the sale, or other restrictions and/or intellectual property rights of third parties related to the items.

13.8 The limitations of liability set out in these Merkandi’s (auctions.merkandi.com) Terms and Conditions, respectively, the Seller’s terms, shall not apply if the damage can be attributed to intentional or gross negligence on the part of Merkandi (auctions.merkandi.com), respectively, on the part of the Seller or their superiors and/or employees, respectively, on the part of support staff employed by Merkandi (auctions.merkandi.com).

 

ARTICLE 14. VALIDITY

14.1  If and to the extent any provision of the General Terms and Conditions is invalid or annulled, other provisions of the General Terms and Conditions shall remain in force. Merkandi (auctions.merkandi.com) should then establish a new provision to replace the invalid/annulled provisio

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