1.  Definitions 

a) General terms and conditions 

All the provisions applicable to the use of the platform and which the person must accept on registration. The general terms and conditions are available on the platform.

b) Special conditions

All the provisions, determined by the bailiff in relation to a sale, which are available on the platform as soon as the sale is announced and which the candidate-buyer must accept before any participation in the sale in question.

c) Platform

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

d) Manager

The person responsible for the management and control of the platform, i.e. the National Chamber of Judicial Officers, having its registered office at 93 Avenue Henri Jaspar, 1060 BRUSSELS, registered with the Crossroads Bank of Enterprises under the company number 0240.748.753.

e) Bailiff

The (candidate) bailiff who supervises the sale and signs the auction report. The bailiff may grant rights and assignments to an employee in the organisation of the sale under his responsibility.

f) Sale 

A judicial public sale by electronic means (art. 1522 C. Jud.), via the platform.

g) Property

A movable asset put up for sale via the platform.

h) Lot

A set of goods that are sold together.

i) Visitor

Any natural or legal person who consults the platform and can find out about current or future sales.

j) Registration

The unique electronic registration procedure (article 1522 C. Jud.) of a natural person (of age) or legal entity, who accepts the general conditions.

k) Candidate-buyer

Any registered person wishing to participate in a sale.

l) Buyer 

The candidate-buyer who places the highest bid.

m) Advertisement

Advertising of the sale by the bailiff via the platform (art. 1516 C. jud.), indicating the place of the sale (Auctionline), a brief description of the goods, his contact details and the particular conditions of sale.

n) Newsletter

Targeted, informative and periodic advertising sent via the platform, by e-mail, to a visitor or a candidate-buyer, at his request, about upcoming sales.

o) Auction

Binding price offer made by a candidate-buyer on a property for sale, higher than the previous bid.

p) Manual bid

Bid issued in real time by the candidate-buyer via the platform.

q) Automatic bidding 

Bid that, at the discretion of the candidate-buyer, is generated automatically by the auction system via the platform and cannot exceed the ceiling previously set by the candidate-buyer. The bidding system will automatically raise the bid each time a new bid is made by an amount predefined by the candidate-buyer.

r) Starting price

The starting amount set by the bailiff for the purchase of the property, from which the bidding can start.

s) Minimum bidding threshold 

The minimum amount set by the bailiff, below which no bids can be made.

t) Electronic notice 

A message that automatically informs the buyer that he has placed the highest bid. This e-mail includes information on the object for which the bid was made, the amount to be paid, the payment terms and due date, information on the auction and the consequences of non-payment.

u) Minutes of the auction

A document drawn up by the bailiff after the electronic notice has been sent, in which the bailiff confirms the award to the buyer. The auction report must be drawn up and registered within three working days in the bailiffs' Central Register of Dematerialised Authentic Instruments (CRAD). The auction report contains the identification data of the buyer, a description of the goods purchased and the day, time and amount of the last bid.

v) Sale price

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

w) Fees 

Additional amounts due by the buyer, covering any auction fees, 21% VAT, and the fee, as indicated in the special conditions.

x) Remuneration 

Additional lump sum payable by the buyer, equivalent to 7.50% of the sale price, in accordance with the ministerial decree of 29 November 2021 (M.B., 8 December 2021), plus 21% VAT.

y) Wild auction

Legal procedure by which the sold property is put up for sale again if the buyer does not pay the sale price and/or the costs within the time limit, as referred to in article 1526, paragraph 2 of the C. jud.

2.  Purpose and scope  

2.1. The platform is a secure website (www.auctionline.be) for the online public sale of movable goods. The platform is developed by the operator, who is also responsible for its maintenance, control and support.

2.2. The bailiff manages the sale, which means that the manager does not intervene in any way in the establishment of the particular conditions of sale or in the way it is conducted.

2.3. The general terms and conditions apply to every (candidate-)buyer who uses the platform and are intended to inform him/her of the platform's working method.

2.4. The applicability of conditions other than the general conditions is excluded, except for special conditions explicitly accepted by the (candidate-)buyer. The special conditions may supplement or modify these general conditions and, in this case, the former shall prevail over the latter.

2.5. It is the (candidate-)buyer's responsibility to regularly consult the general conditions in order to take note of the modifications made. The amended version is applicable as soon as it is published on the platform.

2.6. If and insofar as any provision of the general terms and conditions is null and void or invalid, the other provisions of the general terms and conditions shall remain in force.

3.  Access

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

3.2. Any visitor or candidate-buyer may ask to be informed by newsletter of certain upcoming sales (category of property, location of property, etc. to be indicated at his/her discretion). They may subscribe or unsubscribe to this newsletter at any time.

4.  Registration

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

4.2. The registration data are only visible to the manager and the (candidate-) bailiff supervising the sale, or the employee appointed by him.

4.3. Registration can be done in three ways:

- via the eID or another appropriate system that provides an equivalent level of security: this is detailed in the manual available at www.auctionline.be ;

- manually with two-factor authentication by filling in the data requested in 4.4.

4.4. The manual registration data are as follows:

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

§ For legal persons: name, company number/VAT number, registered office address, name and surname of the representative of the legal person.

4.5. The registration data can no longer be changed once the property has been sold.

4.6. In order to be registered, the (prospective) buyer creates a password and accepts the privacy policy and the general conditions. The (candidate-)buyer will then have to communicate his e-mail address and will immediately receive an e-mail to activate his account.

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

4.8. 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 and about the time of the sale. The special conditions of sale are also made available.

5.2. If data such as size, year of construction, weight, measurements, contents, etc. are mentioned before or during the sale, they are only indicative and can in no way be binding. The (prospective) buyers are given the opportunity to see the condition and state of the objects at the preliminary exhibition.

5.3. Once the sale is closed and the item(s) or lot(s) sold, the advertisement is removed from the platform the following day.

6.  Terms and conditions of the sale 

6.1. The bailiff determines the terms of the sale via his special conditions, in particular the composition of the lots and, for each lot or item, a possible starting price, the minimum bidding threshold, the duration of the extension of the sale, the amount of the costs due, as well as the information relating to the storage of the goods and their removal.

6.2. The sale will be by auction to the highest bidder.

6.3. An auction is considered a binding contract. This means that the (prospective) buyer is obliged to pay if he is awarded a good or lot. If a candidate-buyer makes an obvious material error in the amount of his bid, the bailiff can rectify this.

6.4. The goods are sold without guarantee and in the state they are in at the time of the visit, whether or not they have been seen by the (candidate-)buyer. The latter is aware that by purchasing the goods he has no right of recourse due to defects in the goods (art. 1649 of the Civil Code).

6.5. The bailiff maintains order during the sale. He settles disputes of any kind arising during or following the auction, in particular those relating to the nature of the goods, the conduct of the auction and the auction, the amount of the bid or the highest bidder. The bailiff assumes no responsibility for the difference in size, weight, quality, type, designation and/or dimension of any lot in relation to what would have been announced via the platform. The bailiff may reject any bid without giving any reason. In the event of a dispute, he may put the disputed goods back up for sale.

7. Placement of a bid

7.1. In order to place a first bid, the candidate-buyer must accept the special conditions of sale which will appear via a pop-up.

7.2. The first bid placed may not be lower than the amount of the possible reserve price.

7.3. The candidate-buyer may not place any bid that is lower than the minimum bidding threshold that may be determined. 

7.4 The candidate-buyer may place bids during the (possibly extendable) duration of the sale, as determined by the bailiff.

8. Auction 

8.1. The (candidate-)buyer with the highest bid will immediately receive a confirmation by electronic notification (e-mail), which closes the sale and is equivalent to the award.

8.2. The buyer remains at the auction site (see specific conditions of sale) at his own risk until he has collected the goods.

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

8.4. The buyer shall receive an extract from the bailiff's report on his purchase on request.

9. Payment 

9.1. The buyer must pay the auctioned amount due before the due date indicated in the electronic notice. The goods or lot will only be handed over to the buyer after presentation of the proof of payment.

9.2. Payment must be made through an authorised online payment service operator (Mollie), as provided by the platform, or in the hands of the bailiff.

9.3. The total amount due is the purchase price plus the fee and VAT as well as any listing fees, as indicated in the special conditions.

9.4. An EU buyer with a valid and verifiable VAT number must pay VAT on his purchase. If, after collection and payment of the item or lot, he can present valid proof of delivery of the item or lots outside Belgium but within the EU, he can reclaim 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 case of late or incomplete payment, the buyer may be required to pay a lump sum equivalent to 10% of the invoice amount with a minimum of EUR 40.00. All costs related to collection costs are not included in this lump sum and will be invoiced separately to the buyer.

9.7. In the event that the buyer does not pay the full amount within the stipulated period, the bailiff may decide to put the property or lot up for sale again without prior notice. In this case, in the event of resale at a lower price, the original buyer will be liable for the difference between the two sale prices, without recourse.

10. Claims and actions 

10.1. As the bailiff is only in charge of the sale process, he cannot be held responsible for any damage in connection with a sale made via the platform, except in the event of a technical malfunction of the platform due to his malice or gross negligence.

10.2. The platform does not provide any guarantees (e.g. regarding quality, authenticity, weight, etc. and actions of third parties) with regard to the goods or lots.

11. Privacy - processing of personal data 

11.1. The registered personal data of the candidate-buyer is kept for a period of 12 months and, subject to his/her express consent, for a maximum period of 5 years. The candidate-buyer may at any time request the rectification or deletion of his/her data. To do so, the person must contact the platform manager (by letter or e-mail).

11.2. After the conclusion of a sale, the data relating to this sale is kept on the platform for a period of 6 months. 

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

12. Continuity of services and helpdesk

12.1. The operator shall use all reasonable means to guarantee the continuity of access to the platform and the services provided on it. However, it cannot guarantee continuity, including when continuity is compromised by a case of force majeure, such as a power failure or other technical fault, a riot, a strike, a social conflict, an accident, a fire or a flood.

12.2. If the services provided are interrupted for all visitors and (candidate) buyers, the administrator shall inform them, as far as possible, by means of a message on the platform's homepage.

12.3. When the services provided are interrupted for reasons within the operator's control (including maintenance of the platform's computer system), the operator shall take all reasonable steps to minimise the duration of the interruption.

12.4. In the event of a proven malfunction of the platform or in the event of an interruption of a sale for technical reasons, the auction period may be extended or the sale may be suspended/terminated on the basis of a decision that is the sole responsibility of the bailiff conducting the sale.

12.5. The visitor and the candidate-buyer may submit any functional or technical question relating to the platform to the helpdesk of the manager. The helpdesk can be reached between 9 a.m. and 12 noon (only on working days) on 02/533 07 51 and by e-mail at helpdesk@nkcn-cia.be.

13. Responsibility of the administrator 

13.1. The administrator can in no way be held responsible for the legality, accuracy and content of the information and documents published on the platform, nor for the condition of the goods or lots sold. 

13.2. The manager shall in no way be held responsible for the content and existence of other sites to which hyperlinks are created.

13.3. The manager shall not be liable for any poor quality of the visitor's or buyer's computer equipment or internet network, which results in bids and notifications not appearing in real time and the visitor or buyer being adversely affected. 

13.4. The manager declines all responsibility for damages indirectly caused by the use of the services provided via the platform. 

13.5. If the visitor or candidate-buyer is aware of the existence of unauthorised or non-compliant content on the platform, or has good reason to believe that such content exists, he/she must notify the manager in writing.

14. Applicable law - disputes - jurisdiction 

14.1. The applicability of the Vienna Sales Convention is expressly excluded. 

14.2. Belgian law is applicable. 

14.3. In the event of a disagreement concerning the validity, drafting, interpretation, implementation or violation of these general terms and conditions, the parties agree to give preference in the first instance to alternative dispute resolution methods (negotiation, conciliation or mediation).

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