General Terms and Conditions Collectweb
Article 1. Definitions
In these General Terms and Conditions the terms below have the following meaning:
the Website: the websites www.collectweb.com, www.collectweb.net, www.collectweb.eu, www.collectweb.org and other related websites where these general terms and conditions are displayed which are maintained by CollectWeb B.V. (hereinafter: Collectweb)
Offer or Offers: a Collection placed or offered on the Website or Item in it which is being offered for sale;
Offeror: the person placing an Offer on the Website;
Catalogue: a collection list placed on the Website;
Collection: a display of a collection of items placed on the Website;
Item: an individual part of a Collection;
User: those who use the Website other than as an Offeror;
Agreement: any agreement between the Offeror and the User arising from the use of the Website;
Personal data: the data provided by the Offeror or User which can be traced back to his or her person, including name and address details, e-mail address and bank account number;
Assessor: an assessor registered with Collectweb;
Auction: any public sale by or on behalf of Collectweb; and
Want list: Collections or items which the User had indicated that he would like to see an Offer for.
Article 2. Applicability
2.1 These general terms and conditions apply to the relationship between Offerors respectively Users on the one hand and Collectweb on the other hand. These general terms and conditions explicitly do not apply to the relationship between Offerors and Users. Third parties, such as copyright holders, cannot derive any rights from these general terms and conditions.
2.2 The applicability of other general terms and conditions besides these is excluded.
Article 3. Placing an Item, Collection, Offer and Want list
3.1 By registering on the Website an agreement is concluded between CollectWeb and the Offeror or User. Here the rates and other provisions and codes of conduct apply as displayed on the Website, as well as these general terms and conditions.
3.2 The Offeror and the User are entitled after registration to place a Collection on the Website and to add one or more items or, insofar as relevant, place an Offer. Placing on the Website takes place during a number of days to be determined by CollectWeb.
3.4 The Offeror and the User are entitled to list the Collection or Item in Catalogues relating to them.
3.5 The Offeror and the User are entitled to make Collections and Items public to visitors and other Offerors or Users on the Website (‘public’) or to hide them (‘private’).
3.6 The User is entitled to draw up a Want list and to place it on the Website in accordance with the instructions given. The Want list is only intended to enable the User and the Offeror to negotiate with one another concerning the Collection or Items listed in it. Placing Collections or Items in a Want list may never be interpreted as an offer which can be directly accepted.
3.7 CollectWeb makes reasonable efforts to make the Collection or Offer available on-line and insofar as possible to keep the Website accessible.
3.8 Collectweb is explicitly not a party to any Agreement. CollectWeb is not responsible or liable in any way for Collections, Items or Offers placed on the Website. It exercises no prior supervision on the content of the Collections, Items and Offers placed on the Website; it only offers a platform where these can be created and made public.
3.9 Collectweb is entitled to subject the placement of Items, Collections and Offers to further conditions, including so-called codes of conduct.
Article 4. Business - private
4.1 Since it is important for Users of the Website to be able to determine whether an Offer is derived from a private person or from someone who trades in certain goods or services as a business, when making the Offer it is asked whether the Offeror wishes to be listed as ‘business’ or ‘private’. The Offeror is required to answer this question truthfully.
4.2 CollectWeb is entitled to include an Offer, despite a different report, as coming from a ‘business’ Offeror if it has reasons to believe that the Offeror is offering the goods or services as a business, pursuant to one or more of the following criteria:
own domain name of the Offeror:
nature of the offer of articles;
the name of the Offeror is not the same as the family name;
the Offeror is registered with the Chamber of Commerce;
the type of products offered;
the quantity of products offered and/or the quality of Offers which are placed.
4.3 Collectweb is entitled to block Offers if in its opinion the statement in this article is not made correctly.
Article 5. Content of the Offer
5.1 The Offeror makes sure that the description of an offered product corresponds to reality and is therefore correct and complete.
5.2 The Offeror is entitled to place photos when offering products or services on the Website.
5.3 The information which is provided by the Offeror in an Offer or in following contacts must be directly related to the product to be sold or sought. The Offer may not be used as a general means of communication and may not be used to recommend services and/or products of an Offeror.
5.4 An Offer may only be placed in one section of the Website. The Offeror must use the section which the products or services offered belongs in according to their type and sort.
5.5 Also for the rest, the content of the Offer must meet the rules for placing Offers as indicated on the Website, the content of which is deemed repeated and inserted here.
5.6 CollectWeb reserves the right to remove Offers without stating reasons, reduce the text of Offers or to amend and/or remove hyperlinks made or photos uploaded. CollectWeb shall do this in any case, but not exclusively, if these are in conflict with the general terms and conditions or the rules referred to in 5.5. The Offeror shall not be entitled to any reimbursement or any kind of compensation for the lapsed right referred to in this paragraph.
5.7 If a product is offered in the Offer at the same time as offering the product on the Website the Offeror must state a minimum price.
5.8 The Offeror is required to ensure immediately that the Offer is removed or amended as soon as a product or service offered is no longer available.
Article 6. Payment
6.1 If an Agreement is concluded, the User is required to pay Collectweb the fee stated on the invoice.
6.2 The User shall make payment in the manner stated by CollectWeb at the conclusion of the Agreement and under the conditions stated. The User receives an invoice by electronic message.
6.3 Reserving all future legal remedies, Collectweb is entitled to exclude the User forthwith from use of the Website if the User breaches the payment procedure of this article.
6.4 If payment is outstanding and Collectweb is required to use an agency to recover the debts owed, all costs incurred, with a minimum of €350, are at the cost of the User.
6.5 Amounts received are not reimbursed by Collectweb.
Article 7. Assessment
7.1 Collections and Items can be assessed for their value by an Assessor if wished. Assessment takes place subject to the conditions used by the Assessor.
7. CollectWeb is entitled to declare additional conditions applicable to assessment of Collections and Items.
7.3 The provisions of article 9 and article 10 apply mutatis mutandis.
Article 8. Auction
10.1 By way of Auctions, the Website provides in the possibility to offer Collections or Items, respectively buy them. Separate terms and conditions apply to this (the Auction Terms and Conditions).
10.2 The provisions of article 9 and article 10 apply mutatis mutandis.
Article 9. Indemnification
9.1 The Offeror ensures that the Offer, the Collection or the Item do not infringe rights of third parties, including intellectual property rights and that these do no violate legislation and regulations, are not offensive, obscene, insulting, incorrect or misleading and also comply with all the rules referred to in article 5.5.
9.2 The Offeror indemnifies CollectWeb against all claims from third parties based on allegedly not meeting the provisions of 7.1. The Offeror is liable for all defence costs which are incurred as a result by Collectweb.
9.3 The User ensures that the Collection and/or Item does not infringe rights of third parties, including intellectual property rights and that these do not violate legislation and regulations, are not offensive, obscene, insulting, incorrect or misleading and also comply with all the rules referred to in article 5.5.
9.4 The User indemnifies Collectweb against all claims from third parties based on allegedly not meeting the provisions of 7.3. The User is liable for all costs of defence which are incurred as a result by CollectWeb.
Article 10. Restriction of liability
10.1 CollectWeb is not liable for damage arising directly or indirectly from the use made by the Offerors or Users of the Website. CollectWeb is not liable for actions of Offerors or Users, for the content of Offers or for the Collection or Items offered.
10.2 The information placed by CollectWeb on the Website has been very carefully compiled. Nonetheless Collectweb is not liable for any inaccuracies or inadequacies.
10.3 CollectWeb explicitly excludes any liability for indirect damage of Offerors or Users, including consequential damage, loss of profit, lost savings, damage due to business interruption and damage due to loss of data.
Article 11. Service desk
11.1 Collectweb provides a Service desk for Offerors and Users where they can ask questions by telephone and e-mail and report problems with placing Offers and/or use of the Website.
11.2 The Service desk answers the questions asked to the best of its ability. Advice is followed at own risk however. Collectweb is not liable for any damage arising from advice provided by the Service Desk.
Article 12. Use of personal data
12.1 Some data must be provided when using the Website such as name and address details, e-mail address and bank account number. This data must be complete, correct and up to date. The User and the Offeror guarantee that they are lawfully authorised to use the Website in any way.
12.2 Collectweb is responsible for the processing of data collected for running the Website. In accordance with the Data Protection Act processing is reported to the Regulator, the Data Protection Board in The Hague.
12.3 The CollectWeb privacy statement applies to the processing of the said data in article 12.1. This privacy statement can be found on: http://www.collectweb.org/privacy.
12.4 Users and Offerors are only permitted to use the personal and other data obtained via the Website for concluding a possible Agreement. Use for any other purpose is prohibited, including:
sending (unsolicited) e-mails with a content not directly relating to the content of the Offer, irrespective of whether the messages have a commercial nature;
collecting e-mail addresses of Users and/or Offerors.
Article 13. Security
13.1 Collectweb makes reasonable efforts to secure its systems against loss and/or any form of unlawful use and takes suitable technical and organisational measures, taking the state of the art into account.
13.2 However Collectweb is not liable for loss of data, damage to files, unlawfully obtained access to computers or files, viruses spread via Offers or other unlawful programs or files or any other consequence of the use of the Websites.
Article 14. Sites and services of third parties
14.1 The Website and Offers may contain references (for example by way of a hyperlink, banner or button) to websites of third parties. CollectWeb has no control over these websites and is not responsible for their content.
14.2 If and insofar as services of external service providers are used the terms and conditions and privacy rules of these service providers apply. CollectWeb is not responsible for the legal acts and or policy of these service providers.
Article 15. Feedback
15.1 Users of the Website are given the opportunity to provide feedback on the Website with regard to the course of the Agreement with an Offeror.
15.1 If in the opinion of Collectweb the User abuses the possibility of giving feedback, for example by using abusive language, CollectWeb may block this User's access to the Website.
15.3 Offerors are not permitted to give feedback on their own Offers on the Website (whether or not by using other e-mail addresses).
Article 16. Exclusion
16.1 Collectweb reserves the right to exclude Offerors and Users from all use of the Website if in any way they act in violation of the law, public order, public morality and/or these general terms and conditions.
16.2 Said exclusion takes place without prejudice to Collectweb's right to take legal action and/or claim damages.
Article 17. Intellectual property
17.1 All intellectual property rights concerning the Website, including texts, illustrations, designs, photos, audio and/or visual material, formats, software, trademarks and domain names rest with Collectweb or its licensors. The foregoing does not apply to the content of placed Offers.
17.2 Users and Offerors are prohibited from reproducing any part of t
Article 18. Final Provisions
18.1 Voidance of any provision of these general terms and conditions shall not affect the validity of the other provisions.
18.2 Dutch law applies to the general terms and conditions. Al disputes arising from this agreement which cannot be resolved shall be put to the court having jurisdiction in Amsterdam.
18.3 These general terms and conditions can be unilaterally amended by Collectweb. The amended terms and conditions shall be immediately available after amendment on the Website.
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