1. Definitions  

a) General Terms and Conditions  

All the provisions governing the use of the platform, which the candidate-buyer must accept on registration. The General Terms and Conditions are available on the platform. 

b) Particular Terms and Conditions 

All the provisions established by the bailiff in connection with a specific sale. These are made available on the platform as soon as the sale is announced and must be accepted by any candidate-buyer before participating in that sale.  

c) Platform 

The nationally secured central register for online judicial public sales of movable item, managed by the National Chamber of Judicial Officers and called Auctionline (as referred to in Article 1526 (3) of the Judicial Code, hereinafter referred to as Jud. C.).  

d) Manager 

The entity responsible for the management and oversight of the platform, namely the National Chamber of Judicial Officers, having its registered office at 93 Avenue Henri Jaspar, 1060 Brussels, registered with the Crossroads Bank of Enterprises (general business register) under the company number 0240.748.753. 

e) Bailiff 

The (candidate-)bailiff who supervises the sale and signs the auction report. The bailiff may delegate certain tasks to an employee involved in the organisation of the sale under his responsibility. 

f) Sale  

A judicial public sale conducted electronically (Article 1522 Jud. C.), via the platform. 

g) Item 

Any movable asset offered for sale on the platform. 

h) Lot 

A group of goods that are sold together as a single unit.  

i) Visitor 

Any natural person or legal entity who consults the platform and can view current or upcoming sales. 

j) Registration 

The sole electronic registration procedure for any (adult) natural person or legal entity that accepts the General Terms and Conditions. 

k) Candidate-buyer 

Any registered person wishing to participate in a sale. 

l) Buyer  

The candidate-buyer who submits the highest bid. 

m) Advertisement 

The publication of the sale by the bailiff on the platform (Article 1516 Jud. C.), indicating the place of the sale (Auctionline), a brief description of the goods, the bailiff’s contact details, and the Particular Terms and Conditions of Sale.  

n) Newsletter 

Targeted, informative and periodic communications sent by e-mail via the platform at the request of a visitor or a candidate-buyer, concerning upcoming sales. 

o) Auction 

Binding price offer submitted by a candidate-buyer for an item, higher than the previous bid. 

p) Manual bid 

A bid placed in real time by the candidate-buyer via the platform. 

q) Automatic bid   

A bid which is generated automatically by the auction system via the platform at the discretion of the candidate-buyer and cannot exceed the ceiling previously set by the candidate‑buyer. The auction system automatically increases the bid each time a new bid is placed and does so until it reaches the amount predefined by the candidate‑buyer. 

r) Starting price 

The initial amount set by the bailiff for the purchase of the item, from which the bidding may begin.  

s) Minimum bidding threshold  

The minimum amount set by the bailiff, below which no bid will be accepted.  

t) Electronic notice  

An automated message informing the buyer that they have placed the highest bid. This e-mail includes details of the item for which the bid was made, the amount due, the payment terms and deadline, information on the auction, and the consequences of non-payment. 

u) Auction report 

A document drawn up by the bailiff after the electronic notice is sent, confirming the award to the buyer.  The auction report contains the buyer’s identification details, a description of the goods purchased, and the day, time and amount of the final bid. 

v) Sale price 

The amount owed by the buyer for the item purchased, expressed in euros and excluding costs. 

w) Fees  

Additional amounts payable by the buyer, including any auction fees, 21% VAT, and the fee, as indicated in the Particular Terms and Conditions. 

x) Remuneration  

A lumpsum amount payable by the buyer, equal to 7.50% of the sale price, in accordance with the Ministerial Decree of 29 November 2021 (Moniteur Belge, 8 December 2021), plus 21% VAT. 

y) Wild auction 

A legal procedure whereby the item is resold if the buyer fails to pay the sale price and/or the fees within the prescribed period, as referred to in Article 1526 (2) of the Jud. C. 

2. Object and scope   

2.1. The Platform is a secure website (www.auctionline.be) used for the online public sale of movable goods. It is developed by the manager, who is likewise responsible for its maintenance, oversight and support.  

2.2. The bailiff is responsible for managing the sale. The manager does not intervene in any way in the drafting of the Particular Terms and Conditions of Sale or in the way the sale is conducted. 

2.3. The General Terms and Conditions apply to every (candidate-)buyer who uses the platform and are intended to inform them of how the platform operates.  

2.4. No terms and conditions other than the General Terms and Conditions shall apply, except for Particular Terms and Conditions expressly accepted by the (candidate-)buyer. The Particular Terms and Conditions may supplement or modify these General Terms and Conditions. In such cases, the former shall take precedence over the latter. 

2.5. It is the (candidate-)buyer's responsibility to consult the General Terms and Conditions regularly in order to take note of any amendments.  The amended version becomes applicable as soon as it is published on the platform. 

2.6. Should any provision of the General Terms and Conditions be null or invalid, this shall not affect the validity of the remaining provisions, which shall remain in force.  

3. Access  

3.1 Any visitor may freely consult the advertisements, follow the ongoing auctions and view recently concluded or announced sales. 

3.2. Any visitor or candidate-buyer may request to receive newsletters about upcoming sales (e.g. category or location of goods, etc. to be indicated at their discretion). They may subscribe or unsubscribe to this newsletter at any time. 

4. Registration  

4.1. Any visitor wishing to participate in a sale as a candidate-buyer must first register on the platform. 

4.2. Registration data are visible only to the platform manager and to the (candidate-)bailiff supervising the sale, or the employee designated by the bailiff.  

4.3. Registration may be carried out in two ways: 

- via eID, itsme, MyGov, or another secure system offering an equivalent level of authentication;  

- manually with two-factor authentication by providing in the information listed under 4.4. 

4.4. Manual registration requires the following information:  

§ For natural persons: surname, forename, home address, mobile phone number (a verification code will be sent immediately and must be entered). 

§ For legal entities: name, company number/VAT number, registered office address, forename and surname of the representative of the legal entity, e-mail address, mobile telephone number.  

4.5. For as long as the above-mentioned data have not been fully completed, the (candidate‑)buyer may not place any bid. 

4.6. From the moment the item is awarded, the registration data can no longer be modified.  

4.7. To complete registration, the (candidate-)buyer creates a password and accepts the privacy policy and the General Terms and Conditions. The (candidate-)buyer must then provide an e-mail address and will immediately receive an activation e-mail. In the case of manual registration, the (candidate-)buyer must create a password. 

4.8. The (candidate-)buyer is responsible for all activities carried out under their account and undertakes not to disclose their access credentials to third parties. 

4.9. The bailiff has the right, at any time, to refuse or prohibit access to a sale to (candidate‑)buyers. 

5. Advertisement   

5.1. The platform publishes information about the goods or lots offered for sale by a bailiff as well as the date and time of the sale. The Particular Terms and Conditions of sale are also made available. 

5.2. Any data such as size, year of construction, weight, measurements, capacity, etc. provided before or during the sale are for information only and can in no way be binding.  (Candidate-)buyers are given the opportunity to inspect the condition of the goods during the preliminary exhibition. 

6. Terms of sale   

6.1. The bailiff determines the terms of sale through his Particular Terms and Conditions. The bailiff, or a duly authorised member of staff, determines the composition of the lots and, for each lot or item, the starting price, the minimum bid increment, the extension period of the sale, the amount of the fees payable, as well as the information relating to the storage of the items and their collection.  

6.2. The sale is conducted by auction to the highest bidder. 

6.3. A bid constitutes a binding commitment. The (candidate-)buyer is therefore obliged to pay if awarded an item or lot. If a candidate-buyer makes an obvious material error in the amount of a bid, the bailiff may correct it.  

6.4. The Goods sold without warranty and in the condition they are found at the time of inspection, whether or not the (candidate-)buyer has viewed them.  The latter acknowledges that by purchase does not give rise to any recourse for defects (Article 1649 of the Civil Code). 

6.5. The bailiff maintains order during the sale and resolves all disputes  arising during or after the auction, including those relating to the nature of the goods, the conduct of the auction, the bidding process, or the identity of the highest bidder. The bailiff accepts no liability for discrepancies in size, weight, quality, type, designation and/or dimension between the goods and any information published on the platform. The bailiff may reject any bid without giving reasons and, in the event of a dispute, may put the disputed goods back up for sale.    

7. Placing a bid  

7.1. Before placing a first bid, the candidate-buyer must accept the Particular Terms and Conditions of Sale which will appear in a pop-up window. 

7.2. The candidate‑buyer may submit a manual bid or opt to activate the automatic bidding system, in which case he must set a maximum bid amount. 

7.3. The candidate-buyer may not place a bid below the minimum bidding threshold, where such a threshold has been set.  

7.4 The candidate‑buyer may not submit any bid that is lower than the determined minimum bid threshold. 

7.5.  The candidate‑buyer may place bids throughout the duration of the sale, as determined by the bailiff. 

7.6. If the automatic bidding system is activated, it will automatically increase the bid each time a new bid is placed, up to the maximum amount set by the candidate‑buyer. 

7.7. Each new bid generated by the automatic system is, in principle, made by increasing the current bid by the amount corresponding to the minimum bidding threshold. 

When the automatic system can no longer increase the bid while fully respecting the minimum bidding threshold -- in particular when the difference between the current bid and the maximum amount set is less than that threshold, or when the maximum amount is equal to the current bid -- the system will automatically place a bid equal to the maximum amount set. 

7.8 The award is made in favour of the candidate‑buyer who has submitted the highest bid. 

7.9. Where several bids are for the same amount, the sale is awarded to the candidate‑buyer whose bid was submitted first, the bid of the automatic bidder being deemed to have been submitted at the moment the maximum amount was set. 

Examples of how the automatic bidding system operates 

Example 1: the difference between the current bid and the maximum amount is less than the minimum bidding threshold 

Current bid: €9,800 

Minimum threshold: €500 

Maximum set: €10,100 

The system cannot add €500 (which would produce €10,300, exceeding the maximum). It therefore automatically places a bid of €10,100. 

Example 2: the maximum amount is equal to the current bid 

Current bid: €10,000 

Minimum threshold: €500 

Maximum set: €10,000 

As the previously set maximum is equal to the current bid, the system automatically places a bid of €10,000. 

8. Award   

8.1. The (candidate‑)buyer who has submitted the highest bid immediately receives confirmation by electronic notice, which closes the sale and constitutes the award (subject to the application of Articles 9.7 and 9.8). 

8.2. The buyer remains on the auction site (as specified in the Particular Terms and Conditions) at their own risk until the goods have been collected. 

8.3. The bailiff shall draw up the auction report within three working days of sending the electronic notice to the buyer and shall register it in the RCAD. 

8.4. The buyer shall, at his request, receive an extract from the bailiff's auction report relating to their purchase. 

9. Payment 

9.1. The buyer must pay the auctioned amount due before the deadline indicated in the electronic notice. The goods or lot will be released to the buyer only upon presentation of proof of payment. 

9.2. Payment must be made via an approved online payment service provider (Mollie), as provided for by the platform, or directly into the hands of the bailiff or his authorised staff member. 

9.3. The total amount due consists of the purchase price, the fee and VAT, as well as any listing fees specified in the  Particular Terms and Conditions. 

9.4. An EU buyer who has a valid and verifiable VAT number must pay VAT on his purchase. If, after collection and payment of the item or lot, he can provide valid proof that the item or lots have been delivered outside Belgium but within the EU, he may recover the VAT from the selling bailiff.  

9.5. A non-VAT registered EU buyer or a non-EU buyer must always pay VAT. VAT paid by a non-EU buyer will be refunded by the bailiff within 14 days of the auction, upon presentation of a valid export document. 

9.6. In the event of late or incomplete payment, the buyer may be charged a lump-sum indemnity equal to 10% of the invoice amount, with a minimum of EUR 40.00. This indemnity does not include any collection costs, which will be invoiced separately to the buyer. 

9.7. If the buyer fails to pay the full amount within the prescribed period, the bailiff may decide to resell the item or lot up without prior notice. If the resale results in a lower price, the original buyer shall be liable for the difference, without recourse. 

9.8. As an alternative to the resale referred to in Article 9.7, the bailiff may, if the sale cannot be finalised with the buyer referred to in Article 8.1, award the item or lot to another legitimate candidate‑buyer who placed a bid during the sale (namely, the candidate‑buyer who submitted the second‑highest bid). It is for the bailiff to contact that candidate‑buyer in order to obtain their agreement. In the event of a re‑award, the new buyer will receive an electronic notice containing a request for payment. The platform does not send any notification to the original buyer. 

10. Claims et actions  

10.1. As the bailiff is responsible solely for the conduct of the sale, , he cannot be held liable for any damage arising out of a sale conducted via the platform, except in the event of a technical malfunction of the platform caused by wilful misconduct or gross negligence on his part. 

10.2. The platform provides no guarantees whatsoever regarding the goods or lots (including quality, authenticity, weight, etc. and actions of third parties).  

11. Privacy – Processing of personal data  

11.1. Personal data of the candidate-buyer are retained for 12 months and, with the candidate-buyer’s express consent, for a maximum period of 5 years. The candidate-buyer may request the rectification or deletion of their data at any time by contacting the platform manager (by letter or e-mail). 

11.2. After a sale has concluded, the data relating thereto are retained on the platform for 6 months.  

11.3. The full privacy policy for the Platform is available at www.auctionline.be.  

12. Continuity of services and helpdesk  

12.1. The manager shall use all reasonable means to guarantee the continuity of access to the platform and its services. . However, continuity cannot be guaranteed, particularly in cases of force majeure such as a power outage, technical failures, riots, strikes, social conflicts, accidents, fires or floods. 

12.2. If services are interrupted for all visitors and (candidate-)buyers, the manager shall, where possible, inform them via a notice on the platform's homepage. 

12.3. When interruptions are due to reasons within the manager's control (including maintenance of the platform's computer system), the manager shall take all reasonable measures to minimise the duration of the interruption. 

12.4. In the event of a proven malfunction of the platform or an interruption of a sale for technical reasons, the auction period may be extended, the sale may be suspended or terminated, at the sole discretion of the bailiff conducting the sale. 

12.5. The visitor and the prospective buyer may submit any functional or technical question relating to the platform to the manager’s helpdesk service. The helpdesk is available on working days between 9 a.m. and 12 noon and between 1 p.m. and 4 p.m., by telephone on 02/533 07 51 and by email at helpdesk@auctionline.be.  

13. Liability of the manager  

 13.1. The manager cannot be held liable for the legality, accuracy or content of the information and documents published on the platform, nor for the condition of the goods or lots sold.  

13.2. The manager cannot be held liable for the content or availability of external websites accessible via hyperlinks. 

13.3. The manager shall not be liable for any deficiencies in the visitor's or buyer's computer equipment or internet connection that may cause bids or notices to appear with delay or not in real time.  

13.4. The manager declines all liability for indirect damages arising from the use of the services provided via the platform.  

13.5. If the visitor or candidate-buyer becomes aware of unauthorised or non-compliant content on the platform, or has reasonable grounds to believe such content exists, they must notify the manager in writing. 

14. Applicable law – Dispute – Jurisdiction  

14.1. The application of the Vienna Convention on the International Sale of Goods is expressly excluded.  

14.2. Belgian law applies.  

14.3. In the event of a dispute concerning the validity, drafting, interpretation, performance or breach of these General Terms and Conditions, the parties agree to give priority to alternative dispute resolution methods (negotiation, conciliation or mediation). 

14.4. Failing an amicable settlement or mediation, the dispute shall be submitted to the competent courts of Brussels.