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General conditions of the seller



The Seller’s General Terms and Conditions of Online Auctions at  Merkandi Auctions


ACCEPTANCE OF THE TERMS. Before you ("Seller") undertake to use Merkandi Auctions to purchase any item offered for sale by the Seller, Merkandi Auctions 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 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. If you have any questions, please contact us at




Acceptance: confirmation from Merkandi Auctions of the conclusion of the purchase contract in the form of an invoice issued for the User. 

Purchase: the actual delivery of the auction item to the Buyer or the authorised parties of the Buyer within the time limit specified by Merkandi Auctions.

Auction General Conditions for Buyers: the present General Terms and Conditions for Auction.

Bidding: any irrevocable bid submitted by Users for items on Merkandi Auctions

Lot combination: a combination of lots, various items that are auctioned under one lot number.


Transfer of ownership: the transfer of ownership and associated risk of the owner of the item to the Buyer at allocation, confirmed by the goods release form.

User: a legal person or a natural person of age with legal capacity to use the resources of a company that has registered at Merkandi Auctions

 for the purpose of submitting an offer, selling an item(s) or wishing to be informed about the products for sale via Merkandi Auctions.

User Agreement: the agreement between Merkandi Auctions and the User, concluded by registration, and entitling the User to bid on the Merkandi Auctions website.

Lot (item): an item or several items that are auctioned jointly (under one auction number).

Viewing day (inspection): a date specified by Merkandi Auctions during which the Buyer is offered the option of viewing and inspecting the items to be purchased prior to the conclusion of the purchase contract.

Purchase contract: the sales contract between the Seller and the Merkandi Auctions client; accordingly, the Buyer.

Purchase price: the amount of the highest bid submitted, increased by  the Merkandi auction fee and applicable VAT.

Buyer: the user who has submitted the highest bid at the auction, and whose bid has been accepted.

Client: a natural or legal person who has commissioned Merkandi Auctions to mediate the sale of one or different items, in his own name and account or in the name and account of a third party, e.g. contractor.

Public auction: an auction conducted by the auctioneer in which Buyers may be present in person.

Auction fee: auction costs invoiced to the buyer with taxes due, determined on the basis of the final sale price.

Broker’s offer (automatic bidding): in the broker’s offer the User indicates the maximum price he/she is willing to pay for the lot/item. The auction system ensures that after the bid has been submitted

by a third party, a slightly higher bid is immediately submitted on behalf of the User, provided that the maximum amount indicated by the User has not been exceeded. The User may cancel the automatic bidding only by submitting a static bid, which is the highest offer at that time.

Registration: User’s registration on the Merkandi Auctions website by completing the registration form totally and correctly on the website.

Static bid: in the static bid, the User submits an offer in the form of a fixed amount for each lot/item.

Auction Detailed Conditions for Buyers: additional conditions applicable to participation in a specific auction.

Allocation: a statement by Merkandi Auctions that the lot or combination of lots has been allotted after completing the payment of the purchase price for the highest bid submitted at the auction.

Merkandi Auctions: Merkandi LTD/or its subsidiary, according to the information presented on the Merkandi Auctions website.

Auction: public sale of items organised by Merkandi Auctions on the Internet.

MBid: a system of submitting offers prior to bidding.

Seller: a natural or legal person who wants to sell items to the Buyer(s) through the Merkandi Auctions platform.

Website: Merkandi Auctions website, run by Merkandi LTD with headquarters in England, as well as all other (future) websites registered on behalf of Merkandi Auctions that are used for the Merkandi Auctions auction system.

Items: movable items that are sold at auction.



2.1 The terms of use apply to the relationship between Buyers (Users) and Merkandi Auctions on the Merkandi Auctions 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 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 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.



3.1 Merkandi Auctions 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 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 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. In particular, Merkandi Auctions 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 Auctions website by a third party;

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



4.1 Merkandi Auctions manages the organisation, preparation, implementation and termination of the auction.

4.2 Before or during the auction, Merkandi Auctions has the right to do the following without giving reasons:

  • cancel the User's bid;

  • remove the Seller's offer;

  • modify the Seller's offer in any way;

  • 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.

4.3 Merkandi Auctions 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 are entitled to add lots from another bidder to the auction.

4.5 The opinion of Merkandi Auctions regarding what took place during the auction is binding.



5.1 Offers are made excluding the Merkandi Auctions auction fee and VAT. Merkandi Auctions and/or the Seller is entitled to make offers.

5.2 Merkandi Auctions 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 Auctions’  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 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 but the property of the Seller. Unless Merkandi Auctions is indicated in the sales contract, but a third party who acts as a seller, Merkandi Auctions will only act as a regular service provider or as an intermediary. In the latter case, Merkandi Auctions acts only on behalf of and for the benefit of the Seller. Accordingly, no sales contract will be made between Merkandi Auctions and the Buyer. In the Auction announcement, in the Auction catalogue and/or in any other form of communication issued by Merkandi Auctions, 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



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 must receive a written withdrawal statement from the Buyer.

5.9 If the Buyer requests the right to withdraw from the contract, Merkandi Auctions 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 in the selected currency are for information purposes only. Conversions of price lists available on the Merkandi Auctions platform 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.



6.1 Merkandi Auctions 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 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 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 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 the 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 Seller is obliged to keep these items for these third parties, under the obligation to transfer these items to third parties. If the Seller knowingly or unknowingly puts such an item at auction, 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 and/or the Seller obtaining any compensation with regards to the Buyer. 

6.6 Merkandi Auctions assumes no responsibility for the creditworthiness of the Buyer.



7.1 The Seller has the opportunity to inspect items prior to the conclusion of the purchase contract on the day and hours set by Merkandi Auctions unless the description indicates otherwise.

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

Merkandi Auctions has the right to rectify inaccuracies of oral or written statements. The Seller may not make any claims in this respect. Merkandi Auctions is not responsible for any inaccuracies or incompleteness in the description of items. The Seller is not entitled to withdraw the sales offer, accordingly to terminate the commission / brokerage agreement, if it turns out that Merkandi Auctions has changed the description at the Seller's auction.

7.3 The Seller, 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 Seller acknowledges that the Buyer is obliged to pay the auction fee to Merkandi Auctions. Merkandi Auctions' remuneration must also be paid if the sales contract is concluded with a third party due to the provision of information by the Client and/or Seller.

7.5 Until the sale is concluded, the Item remains the property of the Seller. The Seller insures the Item against fire, other damage and theft.



8.1 If the Buyer fulfills all his/her payment obligations, Merkandi Auctions undertakes to provide the seller's data to complete the transaction. Merkandi Auctions does not act as an intermediary in payments for the auctioned items and does not take responsibility for both receipt of payment by the Seller and receipt of goods by the Buyer.

8.2 If the purchase price is not paid on time, Merkandi Auctions 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. The Seller agrees to the collection of additional fees from the Buyer and does not claim any rights to them.

8.3 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/EC must meet the following conditions:

  • Please ask for a VAT exemption form by sending an email to in connection with intra-EU delivery; and provide a valid (i.e. active) EU VAT number

  • The correctly completed form should be scanned and sent to the e-mail address:

  • The pro forma invoice should be paid by using a bank account located in the country in which the EU VAT payer is registered

8.4 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 as a non-EU person, the pro forma invoice sent to the Buyer by Merkandi Auctions will include VAT. The payment received by Merkandi Auctions 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.




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 and/or third parties engaged by Merkandi Auctions to ensure the safety of all present persons.

9.2 The Seller and Merkandi Auctions are not responsible for damages arising from access to the above-mentioned buildings and premises.



10.1 If the Buyer fulfills all of his/her payment obligations, the Seller will specify dates and places to enable the collection of a given batch on the basis of the item(s) release form provided by the Buyer. Merkandi Auctions and/or Seller may agree that a certain lot(s) may only be collected after purchasing other lots.

10.2 The Seller is responsible for the correct and timely delivery of purchased movable and/or immovable property to the Buyer.

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 and/or the Seller, Merkandi Auctions 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  and/or the Seller, it is assumed that the Buyer has waived his/her ownership of the item(s), and Merkandi Auctions and/or the Seller will be entitled to re-dispose the item(s). This provision applies without prejudice to the right of Merkandi Auctions to request performance of the contract at all times.

10.4 The Seller is responsible for ensuring that all EU or non-EU country requirements are met, regardless of their nature, concerning the movable or immovable property being sold. This means, among others, that the Seller must comply with the laws and regulations of the country concerned, obtain all documents required by law and, if necessary, obtain all necessary 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, 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 and/or the Seller. The Buyer is liable for damage caused during dismantling to Merkandi Auctions and/or the Seller and claims of third parties.

10.7 The Buyer requires the explicit consent of Merkandi Auctions 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 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 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 via email and/or notification at the address provided by the Buyer. If this is not done, Merkandi Auctions 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 is not responsible for waste disposal.

10:11 Merkandi Auctions should inform the Buyer of the presence of waste as soon as it becomes aware of it during the contract realisation.



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 Seller’s identification data are hidden from all other users. Merkandi Auctions 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 Seller’s identification data as well as the data sent to Merkandi Auctions in connection with the conclusion of the transaction will be saved by Merkandi Auctions in machine-readable form. The data will be used by Merkandi Auctions solely to support the Merkandi Auctions platform and for other services rendered by Merkandi Auctions. Merkandi Auctions has the right to store the data regarding completed transactions. The Client hereby agrees to such registration.

11.3 If expressly agreed, Merkandi Auctions will treat the Client’s identity confidentially with potential buyers




12.1 If the Seller defaults on any of the obligations arising from these general conditions, including (but not limited to): selling the auction item to another entity outside the Merkandi Auctions platform, no delivery of the lot on time and/or failure to provide information or documents required for sale; the Seller is in default in such cases, and the Buyer is entitled to terminate the contract with the Seller. Merkandi Auctions is entitled to charge the Seller the costs of the lost auction fee.

12.2 In the event of circumstances relating to persons and/or materials used by Merkandi Auctions, or which Merkandi Auctions has the habit of using when performing a purchase/sale 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/sale contract, Merkandi Auctions has the right to terminate the purchase contract without payment of (damages) compensation to the Buyer/Seller.

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

on the part of the Seller or Merkandi Auctions, for example as a result of fire, theft or damage caused by natural force, the Seller and Merkandi Auctions will be entitled to terminate contracts, and are not required to pay compensation. In this case, Merkandi Auctions and the Seller will only be obliged to reimburse the purchase price received by Merkandi Auctions and, if the Seller/Merkandi Auctions has sent the Buyer an invoice for the item in question, the invoice will be posted 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.



13.1 Merkandi Auctions’ 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 Auctions’ civil liability insurance. In the event that Merkandi Auctions’ civil liability insurance does not cover the event, the liability of Merkandi Auctions’ civil liability insurance will be limited to EUR  5,000,-.

13.2 Merkandi Auctions 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 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/Seller to claim against Merkandi Auctions 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 The Seller is responsible for all visible or hidden defects in the movables and real estate listed at the auction. He/she is also responsible for meeting the documentation requirements, quantity, existence or absence of third party rights or claims and/or the possibility of transferring items to third parties.

13.6 Merkandi Auctions 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 and the Seller’s liability applies to the following:

Merkandi Auctions  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 and/or the Seller shall not be liable for damages arising from purchased items, including loss of purchased items;

Merkandi Auctions is not responsible for visible and hidden defects of purchased items. The Buyer must carry out the inspection by himself/herself, whereby the Buyer and/or the Seller is also obliged to inform Merkandi Auctions 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 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 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 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 and the Seller are not liable for damages if the Buyer cannot submit a bid due to computer failure.

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

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