Terms & conditions
Pigeons4you
GENERAL TERMS AND CONDITIONS
Article 1. Definitions
Website
The website www.pigeons4you.be and www.pigeons4you.com, which is maintained by Pigeons4you, Kortrijkstraat 78, B-8550 Zwevegem Belgium.
Buyer
The person who has registered on the auction site.
Personal data
The data provided by the buyer that can be traced back to his or her person, including name / address / place of residence, and e-mail address.
Registration
Registration of the buyer on the website by fully completing the registration form available on the website.
Bid
Any amount bid by the buyer in the auction for a lot.
Lot
An item or a number of items that are auctioned together (under one number).
Auction
The public sale of carrier pigeons organized by Pigeons4you via the internet.
Buyer
The buyer to whom the lot has been assigned.
User agreement
The agreement between Pigeons4you and the buyer.
General Auction
Conditions The conditions for participation in an auction that apply in addition to, in addition to or in deviation from the general user conditions.
Specific Auction
Conditions The conditions for participation in a specific auction that apply in addition to, in addition to or in deviation from the general user conditions and the general auction conditions, as stated on the website for the auction concerned.
Article 2. Applicability
2.1 The general terms and conditions apply to the relationship between the buyer on the one hand and Pigeons4you on the other when using the website. In addition, the privacy policy of Pigeons4you, which can be found on its website, applies. The buyer must always consult the latest changes to the privacy policy when visiting the website.
2.2 The applicability of general terms and conditions other than the present one, the specific and/or the general online auction terms and conditions is excluded.
Article 3. User Agreement
3.1 The agreement is concluded by registration on the website and enables the buyer, among other things, to monitor the progress of auctions via the website. The user agreement is not transferable. When registering, the buyer provides his personal data to Pigeons4you and he chooses a password for access to the website.
3.2 Pigeons4you confirms the registration by e-mail to the buyer at the e-mail address specified by the buyer, after which the buyer can access the auction using his chosen password. The buyer undertakes to behave properly after accessing the website and not to cause any damage to the website or to other users thereof. The buyer is liable for all actions that take place on the website after access has been obtained using the buyer's password.
3.3 The Buyer guarantees the correctness and completeness of the personal data provided during registration. Should the personal data change at any time, the buyer has the obligation to immediately inform Pigeons4you of this change(s).
3.4 Pigeons4you reserves the right to refuse registration and/or to terminate it unilaterally.
3.5 Pigeons4you records the personal data it has obtained in an administration maintained for that purpose. By registering on the website, the buyer gives permission for the use and storage of the registered personal data.
3.6 The buyer is prohibited from reproducing or making available the website or any part thereof without the prior written consent of Pigeons4you.
3.7 By (one-time) registration, the buyer accepts these general terms and conditions of use every time the buyer logs in to the website and whether or not to place bids.
Article 4. Auction
4.1 Pigeons4you reserves the right to auction, to cancel, terminate, rather than at the site to terminate or to extend them. In the event of a technical malfunction of the web site, so it is not fully and/or not all of them are accessible, it has Pigeons4you the right to cancel the auction with 24 hours at a time.
4.2 the Buyer acknowledges by registering for the well-known, and agrees with the special circumstances of an internet auction and with the technical imperfections that can arise. Pigeons4you disclaims all liability for damages of any kind whatsoever, whether direct or indirect, arising in any way, including, but not limited to damage or loss arising out of the use of the website, except in case of wilful misconduct or gross negligence on the part of the Pigeons4you. More specifically agree Pigeons4you in no case be held responsible for any damages of any kind that in any way caused by or resulting from:
- Any action by the buyer provided, which are dictated by the information posted on the website.
- The inability to use, the site in full and/or any other failure of the website or its underlying system.
- The non-compliance of the lots in the specification as stated on the website.
- The fact that the information on this site is not accurate, complete or up-to-date, it is.
- Any errors in the software of the website and/or any of the underlying system.
- The unlawful use of systems, including the Pigeons4you website, by a third party.
Article 5. Security
5.1 Pigeons4you makes every reasonable effort to protect its systems against loss of personal data and/or against any form of unlawful use and takes appropriate technical and organizational measures to this end, taking into account, among other things, the status of technology, execution costs, and processing purposes.
5.2 However, Pigeons4you is not liable for loss of data, damage to files, unauthorized access to computers or files, viruses or other illegal programs or files distributed via the website, or any other consequence of the use made of the website.
5.3 The website may contain links to other websites. Pigeons4you has no control over such sites and is not liable for the content of those sites.
Article 6. Description Lots
6.1 Pigeons4you and the party on whose behalf the lot is auctioned strive for the greatest possible accuracy and clarity of the description of a lot on the website, in auction catalogues, other auction brochures, advertisements and the like, without any liability for damage arising from incorrect or incomplete descriptions or other damage.
Article 7. Payment of the purchase price
7.1 The purchase price to be paid by the buyer to Pigeons4you for the pigeon is that which was offered by the buyer in his binding offer regarding the pigeon and which was accepted and confirmed by Pigeons4you.
7.2 All amounts are always expressed in EURO. Unless expressly agreed otherwise in writing, all payments will be made in EURO within a period of 7 (seven) calendar days after the invitation for payment, following the written confirmation of the final allocation by Pigeons4you to the buyer, unless the sales and payment conditions indicate otherwise. are expressed at the specific sale.
7.3 Only after payment of the purchase price and (insofar as the transport is possible) the possible costs for transport and all other costs necessary for the export of the pigeon, will the seller, as well as Pigeons4you, be obliged to deliver the pigeon or the product to the buyer upon collection at the registered office.
7.4 The aforementioned purchase price does not include , insofar as applicable: Belgian value added tax (VAT) or any other tax imposed or to be imposed by the government
. may apply, such as import taxes.
other costs, such as any bank charges of the buyer.
transport and delivery costs for the transport of the pigeon from the place where it is located / from the registered office of Pigeons4you at the time of the conclusion of the purchase to the place desired by the buyer. Pigeons4you provides this transport at the express request of the buyer at the rate to be charged by it.
Pigeons4you has the right to suspend its delivery obligations in the event of late payment of the purchase price.
7.5 Non-payment or incomplete payment of the total amount (purchase price with any additional costs) within the aforementioned period is a serious shortcoming and is sufficient to give rise to the extrajudicial dissolution of the agreement due to non-performance at the expense of the buyer.
7.6 All pigeons must be paid within 7 days after the end date of the auction. The pigeons are only delivered once everything has been correctly paid to Pigeons4you. When the payment term is exceeded, the sales agreement will automatically be dissolved, followed by an administrative fee of 10% of the purchased pigeon - with a minimum of €50 - which will be claimed from the buyer in question. The place of payment is always the registered office of Pigeons4you, as indicated above.
Article 8. Liability
8.1 The liability of Pigeons4you, if and insofar as the other provisions of these general terms and conditions and (if applicable) the general and specific online auction conditions) will still remain.
8.2 Pigeons4you is not liable for indirect or consequential damage. Furthermore, any liability of Pigeons4you in connection with any defect in the lot(s) or with regard to (alleged) infringement of rights of (intellectual property of) third parties is excluded.
8.3 When engaging third parties, Pigeons4you will always exercise due care. If applicable, Pigeons4you will conclude a processing agreement with these third parties. Pigeons4you is not liable for any shortcomings of these third parties.
Article 9. Adjustments; effect
9.1 If and insofar as any provision of the general terms and conditions of use is null and void or destroyed, the other provisions of the general terms and conditions will remain in full force and effect. Pigeons4you will then determine a new provision to replace the void/nullified provision, whereby the intent of the void/nullified provision will be taken into account as much as possible.
9.2 Pigeons4you reserves the right to change these General User Conditions. Changes take effect 24 hours after they have been communicated to the User by e-mail.
Article 10. Applicable law
10.1 These general terms and conditions and the legal relationships that arise in connection with the auction are governed by Dutch law.
10.2 The Dutch text of the general terms and conditions is the original text. In the event that the general terms and conditions are used in several languages, the Dutch text will therefore prevail in the event of ambiguities or inconsistencies.
10.3 The Court in Brussels is competent (without prejudice to the possibility of appeal and without prejudice to legal provisions to the contrary) to the exclusion of any other body to decide in disputes arising from the General Terms and Conditions of Use.
Do you have questions about the general terms and conditions of Pigeons4you?
Please contact us at info@pigeons4you.be