Terms & Conditions Brights Auctions – as from 1.01.2021

1. Conditions of sale

By bidding via the website www.brights-auctions.com (“Auction Platform”), you, as user of the Auction Platform, agree to the terms and conditions as set out below and you acknowledge that by using the Auction Platform, you will act in accordance with these terms and conditions. These terms and conditions may be supplemented by additional terms, notifications and information set forth on the Auction Platform and the consignment form. Any reference to “Brights” is considered a reference to the private limited company Brights Auctions, with registered offices at 2930 Brasschaat (Belgium), Kapelsesteenweg 292 and registered in the Belgian Crossroads Bank for Enterprises under the company number 0760.627.973.

2. Contract with Brights Auctions

Brights acts as a mere agent with regard to the lots of the online auctions and the transactions on it, unless explicitly indicated otherwise. If Brights by exception owns a lot, it, or an affiliated company appointed by Brights for these purposes, will act as the seller. The sales agreement is always concluded between the seller of the concerned lot and the highest bidder at the time the auction closes. Brights, as an agent, is no party to the sales agreement.

Brights cannot be held liable in any way for agreements concluded outside the context of the Auction Platform or concluded in defiance with the regulations of the Auction Platform (including these terms and conditions). Such agreements will not be accepted and fall outside the scope of these terms and conditions. Users of the Auction Platform are not allowed to contact other users or third parties directly to establish a sales agreement with regard to items mentioned on the Auction Platform without using the Action Platform for this purpose.

3. Description

The descriptions of the lots will be presented as extensively as possible, in consultation with Brights and the expert appointed by Brights. However, Brights cannot be held liable for any statements made by the expert on the authenticity or characteristics of the items. The history of a lot is presented as extensively as possible with due regard for the privacy of previous owners. Photos/videos and illustrations of a lot can constitute additional identification. The lots can be viewed on appointment and in accordance with the instructions as set out on the Auction Platform. 

4. Condition

By purchasing a lot from Brights, you agree to purchase it “as is” at the time of the purchase. Online lot descriptions only contain references to the conditions of the items. However, such references do not amount to a complete description of the condition. The lack of a reference to the condition of a lot in an online lot description does not mean that the lot is free from faults or imperfections. If used goods are concerned, the additional consumer protections provided for in Belgian law shall not apply.

5. Viewings

All lots can be viewed following a confirmed appointment after a completed registration on the Auction Platform, and up to one week before the opening of the auction, unless stated otherwise. 

6. Bidding

Placing a bid is possible as soon as you have registered yourself on the Auction Platform and after you have been approved as a valid user. You can then place a bid by clicking the “Bid” button or you can place a maximum bid by selecting an amount from the “Place Max Bid” dropdown menu.

Once placed and confirmed by you, your bids are final and binding and cannot be reduced, withdrawn or revoked. Brights is not accountable for any errors you make during the bidding process. By submitting an offer, you accept the contractual liability that obliges you to pay the total purchase price (including all applicable charges and taxes) and to meet all other conditions set out in the contractual relationship. By participating in the auction, you also represent and warrant that any bids you place are the result of covert or anti-competitive acts and are not illegal. If you are outbid by another bidder, you will receive an e-mail. You will be given the opportunity to increase your initial bid.  

Instead of placing multiple incremental bids, you can choose to place a “maximum bid” on any lot. Putting a maximum bid does not mean that you will end up paying the full amount of your maximum bid. The system recognizes your maximum bid and places consecutive incremental bids on your behalf up to, but not exceeding, the amount of your “maximum bid” in response to other bids placed. These maximum bids must be made at a specified bid surcharge in order to be processed. If your maximum bid has been outbid by other bidders, you will receive an overbid message and you will have the option to submit a new maximum bid. You can increase your maximum bid at any time during the scheduled auction. Once submitted, you cannot decrease the amount of your maximum bid. The progress can be followed at all times via your personal registration page.

If you place a bid higher than the current bid, it will be displayed as such for the relevant lot. However, if this bid is lower than the reserve price set by the seller, you will be notified.

At the closing of the auction, the highest bid accepted on a lot will be the successful bidder and hence the buyer of the lot, unless special circumstances require Brights to make an allotment to another party.

When the auction closes, the purchase agreement is automatically established between Brights and the successful bidder on the lot. Winning bidders will be notified by email after the auction closes.

Employees of Brights and its affiliated companies can participate in the auctions in real time. We have a strict policy to ensure that Brights’ employees do not have any advantage over other bidders.

7. Implementation of the auctions

Unless stated otherwise, each lot in the auction is offered for sale subject to a reserve price, that is the confidential minimum sales price agreed by Brights and the seller. The reserve price will not exceed the lower limit of the lot estimate. 

If someone places a bid in the last minute, the duration of the lot will be extended. This way, another bidder will have sufficient time to place a new bid. 

Brights reserves the right, in its sole discretion, to reduce the reserve of any lot in the Online Auction until 24 hours before the closing of the Online Auction when no bids have been made on the lot.

Brights may take actions it considers reasonably and appropriate to ensure that the auction runs smoothly in accordance with any legal obligations, regulations and these terms and conditions. Such actions may include, but are not limited to:

1. refusing to accept bids on a lot if Brights considers this reasonably appropriate to do so;
2. restarting the bidding on a lot where Brights considers this reasonably appropriate to do so;
3. withdrawing a lot from the auction;
4. relisting a lot after the auction is closed, if there is a dispute, an error or any other appropriate reason to do so (e.g. due to collusion between bidders, influencing of the bidding process, fraud or other regularities);

Brights is not liable to bidders of buyers for any such actions it may take during the auction.

Brights shall never be held liable if the servers are defective or deficient.

8. Purchase

Calculation of the total sales price

If you are the successful bidder and the buyer of a lot, the total purchase price you pay consists of the following elements:

Total price = Hammer price + Buyer’s commission + Import costs (if applicable)

“Hammer price” means: the last, highest bid accepted for a lot when the lot closes for bidding during the auction.

“Buyer’s commission” means: the commission that Brights charges the successful bidder and buyer or the lot. The Buyer’s commission varies per auction. It will be communicated for each auction.

VAT

Depending on the status of the lot, and your status as a buyer, VAT may be charged on the Buyer’s commission, the net purchase price or both.

9. Sale

You must first register as a seller on the Auction Platform. When registering as a seller, you are required to state truthfully whether you are registering as a private individual or in a professional capacity. As a professional seller, you are required to comply with all applicable tax laws and regulations, to register in the appropriate capacity and provide all required information when registering. Each professional seller will be held liable without limitations for any failure to comply with this provision and will indemnify Brights against any claim or damage suffered by Brights as a result of a professional seller’s non-compliance with this provision.

If you offer your lot, Brights will perform an initial inspection on site or via photos. An estimate is made by the experts at Brights. If, on the basis of the estimate, to have your lot auctioned by Brights, we will contact you for further processing. From the moment the items have been received by Brights and checked for their authenticity, they fall under the responsibility of Brights, and you will no longer be able to withdraw the lot for auction. Based on the information obtained from this investigation, Brights will communicate its findings in order to determine a correct sales price and reserve price.

For each item that is sold successfully, a minimum cost of 75,00 EUR, or maximum 10 % of the proceeds will be charged, excluding the Buyer’s commission.

10. Payment

Currency

The auction is held and billed in euros, and all payments are made in euros. Any currency conversion shown should only be used as a guideline. Brights cannot be bound by any exchange rate shown by the currency converter and is not responsible for any error, omission or failure to provide these services, nor is Brights responsible for delays and the consequences thereof on an exchange rate.

Execution of a payment

Unless stated otherwise, all prices, fees, charges and expenses stated in the lot descriptions do not include any applicable taxes in the country of delivery.

Payment is due immediately after the auction, regardless of the intention to obtain an export or import permit, or any other permit for the lot. As from the closing of the auction, the payment must be received on Bright’s banking account within three working days.

Without prejudice to any other rights or the rights of the seller, if a buyer does not settle the purchase price for a lot within 5 days of the closing date of the auction, Brights may, in its sole discretion, pursue any of the following remedies:

• store the lot at Brights’ premises or elsewhere, at the buyer’s own risk and expense;
• cancel the sale of the lot, while retaining a partial payment equal to the lost profit on the purchase price as compensation;
• reject future bids from the buyer or make these bids conditional on the payment of an advance;
• charge an interest of 1 % per month from the date the payment becomes due, until the date the purchase price is received;
• resell the lot via auction or private sale, with estimates and a reserve price at Brights’ reasonable choice, provided that in the event of such resale for a price below the original Hammer price and Buyer’s commission, the buyer remains liable for the difference, along with any costs incurred in such resale; 
• initiate legal proceedings to recover the Hammer price and Buyer’s commission from that party, including the interests and the costs of such proceedings;
• to offset the outstanding amount that the buyer has not yet paid against the amounts that Brights or one of its affiliated companies may owe the buyer in any other transaction;
• disclose the name and address of the buyer to the seller, to enable the latter to initiate legal proceedings to collect the amounts due, including the costs;
• take any other measures that Brights deems necessary or appropriate.

Means of payment

• Bank transfer

Payments can be made by bank transfer. Our account information is available on our website. Please include the relevant invoice number in the payment.

• Credit card

Alternatively, for invoices of 30.000,00 EUR or less, and if agreed as such, payment can be made by using credit card. Brights accepts American Express, Visa and MasterCard. If you choose to make a payment by credit card, administration costs will be charged. Any local or international bank costs are borne by buyer.

11. Collection, transport and storage

The lots will not be released for collection of shipping until Brights has received the full invoice and all information required to complete any checks with regard money laundering or terrorist funding.

If all conditions are met, you can pick up the purchased item ate the location indicated by Brights. To receive the item, you must present:

• a confirmation by Brights of the time and place of pick-up;
• proof of payment
• a legitimate proof of identification (e.g. ID card, driver’s license;
• if someone other than the registered buyer collects the item, he/she must present a signed power of attorney and a copy of the buyer’s ID card, we must also be able to reach the registered buyer at the time of the pick-up.

If you want the item to be shipped, Brights must be given 7 days after the payment to deliver the package to its courier service. Shipping of your item is at the buyer’s risk from the moment of delivery to the courier service by Brights.

If any problems occur, please contact Brights immediately upon delivery.

Brights provides free storage for up to 15 calendar days after the auction. If you do not collect your lots within the 15-day period, additional costs may be charged depending on the size and weight of the lot. After 15 calendar days of storage, safekeeping and storage of the items is at the buyer’s risk and an additional costs may be charged. If you do not have a suitable insurance, you should take out a separate insurance.

12. No collection of the purchase

If the buyer/seller pays the purchase price, but does not collect a purchased lot within 30 calendar days of the closing of the auction, the buyer/seller will have to pay a daily storage fee for each uncollected lot. Brights will not release purchased lots to the buyer/seller until the purchase price and all charges have been paid in full. If a purchased lot is paid for but not collected within six months of the auction, all ownership rights of the buyer will lapse.

13. EU Directives on consumer rights – right to cancel your purchase

If you are a consumer who usually resides in the UK or the European Union, and the seller of the lot you bought is not a consumer, you have the right under the EU Consumer Rights Directive to cancel your online purchase within 14 days from the date you collect the lot or lot has been delivered to you. If the seller of the lot is also a consumer, as indicated in the lot details by the sentence “This lot is owned by a private person”, the right of withdrawal does not apply.

If you qualify for the right of withdrawal and wish to exercise this right, you must notify Brights in writing within 14 days of the date you collected the lot, or the lot has been delivered to you (“Notice Period”). You are deemed to have collected a lot if you (or someone you authorize) collect the lot on your behalf.

Your written notice must be sent to Brights by means of a registered letter and within the cancellation period. The notification must state your name, address, contact details, invoice number, Brights’ account number, description of the lot and the date of collection or delivery, as well as the fact that you wish to make use of your cancellation right under the EU Consumer Rights Directive.

Within 14 days after sending your cancellation notice, you must return the item to Brights at your own expenses, in an unused / unconsumed state, and being in the same condition as when it was collected by or delivered to you. If the item was delivered to you, you must use the same secure shipping methods that Brights used to deliver the item to you. You must pay all return shipping charges, including import and customs charges, duties and taxes.

Upon receipt of the item and provided that it has remained in the same condition, we will refund the purchase price paid by you (minus any deductions for loss of value of the item due to overuse) through the same payment method you used to pay your invoice.

14. Right of Brights to cancel the sale of a lot

Brights has the right, but not the obligation, to cancel de sale of a lot if it suspects that:

• there is a material breach in the seller’s representations and warranties;
• a third party claims ownership of the lot;
• another justifying reason exists.

Upon notification of Brights’ choice to cancel the sale, the buyer shall have to return the lot to Brights immediately, so that the purchase price can be refunded.

15. Export and import

Buyers should note that they are responsible for all charges, duties and taxes related to the export and import of the lots shipped by themselves or on their behalf, including any sales and/or usage tax.

16. Personal data and privacy

You acknowledge and understand that Brights must be able to process your personal data (which may include special category data) as required by Brights for the inspection of lots, credit and for the identity verification purposes. The data can also be used if Brights has to contact you in connection with the auction or other reasons that are reasonably necessary for the operations of Brights.

17. Limitation of liability

The maximum amount of any liability of Brights or its affiliated companies and the seller to the buyer in connection with the sale of a lot is at all times limited to the purchase price actually paid for the lot by the buyer. Brights shall never be liable for any indirect damages and/or loss of profit.

Unless stated otherwise in this section, Brights or its affiliated companies shall never be liable for any mistakes or omissions, whether oral or in writing, in the information provided by Brights or its affiliated companies to potential buyers.

Warranties, express or implied, including any warranty of satisfactory quality and fitness for the purpose, are expressly excluded by Brights, its affiliated companies and the seller, to the fullest extent permitted by law. 

Neither Brights, nor its affiliates or the seller shall be liable towards the buyer for any loss or damage beyond the refund of the purchase price referred to in the first paragraph of this section, regardless of whether such loss or damage is characterised as direct, indirect, special, incidental or consequential, nor for the payment of interests on the purchase price, to the fullest extent permitted by law.

18. Copyright

The copyright on all images, illustrations and written material produced for or by Brights with regard to a lot, including the content of the online catalogue and the sales data, is and will remain the property of Brights, and these images, illustrations and materials may not be used by the buyer or any other party without our prior and written consent. Brights and the seller make no representations and warranties that the buyer of a lot shall obtain any copyright or other reproduction right on the lot.

19. Applicable law and jurisdiction

These terms and conditions take precedence over all prior oral and written agreements and are applicable to all registered users of the Auction Platform. Belgian law applies. In the unlikely event that a dispute arises during or after the auction or with regard to the application, validity, interpretation of these terms and conditions, the use of the Auction Platform and the intervention of Brights, this dispute falls under the exclusive competence of the courts of Antwerp.