Terms and Conditions

These terms of use (further referenced as "Terms") determine the terms and conditions for using the Services provided by THOC. They apply to any use of the Services and the e-Platform.

Before you may use the THOC Services, you must read and accept all of the terms and conditions contained in this User Agreement and Privacy Policy. THOC therefore advises you to thoroughly review this User Agreement so you are aware of what your rights and obligations are when you use these Services. If you do not agree with our policies and/or specific terms or conditions, you may not use our Services. The applicability of terms of use other than THOC is excluded.

These Terms are valid from 01/06/2017 and have not been changed to this date.

THOC has the right to change the Terms. The most recent Terms and Conditions are always to be found on the website. Any change will take effect 30 days after its publication on the website, either at a different time as stated in the publication. THOC will also notify Users of any changes that significantly may affect the rights and/or obligations of the Users. The further use of the Services after the date of entry into force of the amended Terms and Conditions implies the irrevocable consent of the User with the amended Terms.

In the event of non-acceptance of the policy amended by THOC and/or the amended Terms, the User may terminate the User Agreement immediately by closing his/her account.

The Terms are drawn up in several language versions which (language) form variants of one and the same conditions. In case of interpretation problems or apparent conflict of provisions between the various language versions, the Dutch text prevails.

Unless otherwise defined in this Agreement, the following terms shall be understood to mean:

1 Professional Seller: Any User who uses the Services in connection with his commercial, business, craft or professional activity, both as a natural person as in the form of a legal entity.
2 Bidding: The amount paid by the User for a Lot, including any applicable VAT, excluding Buyer Commission and any other taxes, charges, fees or taxes payable in the broadest sense of the word.
3 Consumer: Any natural person who uses the Services and which is not covered by the Professional Seller’s cargo.
4 Services: The services offered by THOC through the e-Platform, in particular the opportunity offered by THOC to Sellers to sell Lots through an automated auctioning system and eventually sell to Buyers as well as all related services.
5 e-Platform: The complete digital environment offered by THOC where Users meet and/or use the Services.
6 User: Anyone who either creates an online account, either uses the Services, or travels on the e-Platform without signing up.
7 Purchase Price: The amount that the Buyer who has made the highest Bidder is due to the Seller to increase by any other taxes, charges, fees or taxes payable in the broadest sense of the word.
8 Buyer: The User who, through the e-Platform, concludes a purchase agreement with a Seller. This User is necessarily a natural person who acts for private purposes. THOC does not offer Services to Buyers who wish to purchase professional requests.
9 Buyer Commission: An amount equal to 8 percent of the Purchase Price which the Buyer owes to THOC upon the sale of the Purchase for the use of the Services, if applicable, to increase the amount of VAT due and any taxes, taxes, fees or taxes that may be due in the broadest sense of the word.
10 Lot: One or more items offered by a Seller for sale.
11 Seller Commission: An amount equal to 11 percent of the Purchase Price which the Seller is liable to THOC for the use of the Services after the sale has been made for the use of the Services, if applicable, with any VAT due and any other taxes payable, taxes, fees or taxes payable in the broadest sense of the word and THOC keeps it on the purchase price.
12 Partnered Seller

Every professional seller that has registered as partnered seller.

2.1 The User who wishes to make full use of the THOC Services must register and create an online account.

2.2 The creation of an online account is free.

2.3 In order to create an account, the User-Natural person must be at least 18 years old. For anyone under this age limit, the Use of the Services is forbidden unless he/she has the permission of his/her legal representative. The User undertakes to provide his/her correct age as well as all other information requested in the creation of the account in full truth. The User must also ensure that the information provided by him/her is always up to date.

2.4 A Professional Seller must register under his actual and full social name (legal person) or trade name (natural person). He is required to provide a correct VAT number. If a Professional Seller - Legal Entity registers, the natural person - tenderer declares to be entitled to represent this legal person.

2.5 Any User who registers and creates an online account is required to choose a username and password. The User is responsible for all actions performed with his/her username and password. The User may only use the e-Platform with its own username and password and must further take all safety precautions to protect his/her password. As soon as the User suspects that the password data has fallen in the hands of an unauthorized person, or if there is a suspicion that a third party has misused his/her online account, the User and THOC must immediately notify, and himself take all steps to restore the security of the online account / to stop the abuse.

2.6 THOC reserves the right at any time to change the online login, username and/or password if the interests of itself or third parties require this or if it considers this necessary for the proper functioning of the Services.

3.1 THOC acts only as a facilitating service provider that enables Sellers to offer Lots to potential Buyers on the e-Platform offered by it. Buyers take Lots directly from Sellers. THOC cannot control the offers and/or offered Lots themselves for quality, safety, legality, truthfulness or accuracy, nor does it assure themselves of this. THOC also cannot control the Seller's power to sell Lots and the Buyers' ability to purchase.

3.2 THOC only hosts the content of the Lots offered by Sellers and does not warrant that Buyers and Sellers will actually perform the purchase transaction.

3.3 THOC on the one hand and the User on the other hand are independent parties. Each party acts in its own name and on its own account. Therefore, this User Agreement will not result in the creation of a relationship between Principal - Commercial Agent, Bidder - Commissioner, Employer - Employee, Franchisor - Franchisee, Grantor - Concessionaire, etc ... between both parties. There is no cooperation between the parties such as, but not limited to, a company, joint venture, partnership, etc.

3.4 If a conflict arises or is likely to arise between a Seller and a Buyer in the context of an online auction, THOC shall at all times be entitled, at its sole discretion and caution, to the payment of the money involved in the transaction from the Conflicting users temporarily suspend. None of the Users in question will be liable to THOC and / or THOC may claim damages or interest for taking such preventive measures. On the other hand, none of the Users THOC concerned will be liable and / or THOC may claim damages or interest if THOC does not take such preventive measures and pays the money to the party initially intended to receive it.

4.1 Only registered Users can offer Lots for sale on the e-Platform.

4.2 The Seller must be legally authorized to sell the Lots. The Seller must also take into account the export rules applicable to the shipment of sold Lots to the Buyer's country.

4.3  The Seller shall provide the following minimum information about each Lot offered in a clear and

(i) A complete, accurate and truthful description of the Lot.

(ii) The state of the Lot

(iii) Minimum one (1) truthful picture or image of the Lot.

(iv) Any minimum price that a Seller wishes to receive for his Lot.

(v) The shipping costs used.

(vi) The notice that the Lot can be collected.

(vii) Any Warranties and/or Post-Sales Services.

(viii) All other terms and/or information obligations attached to the Lot.

The information provided should in any event be relevant to the sale of the Lot.

4.4 The Seller is solely responsible for the description of the Lots and for the offer thereof. The Buyer acknowledges that he or she must contact the Seller directly if the Lot does not meet the specified description. In so far as the Purchaser still has a liability claim against THOC, the Seller must THOC completely safeguard this.

4.5 The private and professional seller that are no partnered seller agrees that he relinquishes the title of the goods from the moment his item is approved for auction.

4.6 THOC is not responsible nor liable for the description of the Lots made by the Seller or for the Lot itself that has been sent to the Buyer. The Seller must accept that THOC makes changes to the description of the Lot offered, but only after the Seller has been informed of this and after having had the opportunity to withdraw the Lot from the sale.

4.7 In some cases, the e-Platform will, based on previous User Transactions, provide an automatic value estimate for a Lot. THOC wishes to explicitly indicate to the Users that this is an automatically generated service and that each User must check and estimate the value of his/her Lot him/herself and, if necessary, set a minimum price. THOC cannot be held liable if it turns out that a Lot appears to be more or less worthwhile than the automatic value estimate.

4.8 In certain cases, a text corresponding to the Lot may be translated into a language other than that of the original offer so that Lot can also be offered in other countries. However, if a translation appears to be incorrect, THOC cannot be held liable for this. If the error in the translation was about an essential part of the Lot, in such a way that the Buyer had not concluded the purchase agreement if the translation was correct, then the Seller was obliged to dissolve the purchase agreement at the Buyer's request.

4.9 Once a lot has been placed on the e-Platform, it can no longer be withdrawn by the Seller, nor can the Terms of Sale be changed. If a Lot is still withdrawn at the Seller's request, then it is fully liable for all damages caused by Buyers who have already made Bids.

4.10 The Seller must ensure that the Lot complies with all statutory obligations and that its sale is legally permitted. The Buyer acknowledges THOC is merely a passive medium that only offers a platform to bring Seller and Buyer together and THOC cannot be held liable in any way for the offer of a Lot or for the content of the Lot itself.

4.11 THOC has no obligation to protect Buyers from illegal or unsafe Lots offered by Sellers on the e-Platform. Buyers should not assume that the offered Lots are always without danger to people or property.

4.12 Notwithstanding the statutory provisions on the Lots and the sale of which the Users must comply, the Users are not permitted to offer or sell, offer or buy any Lots that fall under the following categories:

(i) Drugs and products for drug use.

(ii) Alcohol.

(iii) Tobacco.

(iv) (Antique) weapons and knives.

(v) Stolen goods.

(vi) Consumables.

(vii) Objects glorifying hatred, violence, racism, xenophobia or intolerance based on, among other things, their origin, physical characteristics, sexual orientation, religion, gender or culture, or to put those organizations in view of such beliefs.

(viii) identification and legitimation documents and licenses, as well as reproductions thereof.

(ix)Gifts, lotteries, prizes or competitions with prizes.

(x)Personal data and mailing lists or similar types of information, in the broadest sense.

(xi)Pornographic material, offers containing sexual or sexually explicit services and obscene material, in the broadest sense.

(xii) Offers for personal relationships and personal advice, in the broadest sense.

(xiii) Commitment to illegal activities or facilitating them, in the broadest sense.

(xiv) Medication and medical services, in the broadest sense.

Also, descriptions of Lots by the Sellers in the foregoing sentences are prohibited.
Sellers should ensure that their offers comply with all legal requirements and restrictions set by THOC, in the absence of which THOC may remove the offer and may take appropriate measures such as the suspension or restriction of the Buyer and Seller's sales, as well as suspension or final removal of the online account. The User acknowledges that THOC is authorized to act in this regard.

4.13 THOC always has the right to remove the offer of a Lot from the e-Platform or to make it impossible to bid on a Lot, without due cause and without any damages of any kind and for any reason whatsoever. This can happen both before, during and after the bidding process. This also applies to all other information communicated to users on the e-Platform.

If THOC suspects that a User is dealing with fraudulent or other illegal activities on the e-Platform, it may - without prejudice to the right to set other means - suspend or remove the User's account.
4.14 THOC will always work with official government agencies, such as police services, to ensure that the Users comply with all applicable legal requirements.

5.1 Only users who have registered can bid on Lots and purchase Lots through the e-Platform. By making a Bid, a User agrees with the terms of sale that are contained in the Lot's description, to the extent that they do not conflict with the law or these Terms.

5.2 A Lot will be offered for sale by the Seller for a certain period of time through an auction formula on the e-Platform. During this time period, Users can make bids on the Lot in question.

5.3 Users have the ability to use the "automatic bidding" feature, which allows the User to set the maximum amount of a Bid in advance and without the user's intervention, automated bids are made up to the set maximum amount.

5.4 If another Bid is issued during the last minute of the online auction, the auction period will automatically be extended by one (1) minute.

5.5 Each Bid is deemed to have been made by the User to whom the account is linked to, from which the Bid has been released.

5.6 An issued Offer is basically unconditional and irrevocable, regardless of whether the User uses the "automatic bidding" feature. A User cannot rely on typos or mistakes.

5.7Users may not manipulate a Lot's price nor may they interfere with other User's offers.

(i) a Seller may not bid on a Lot sold by him/herself,

(ii) a Seller may not order or instruct other people to offer to his/her own Lot,

(iii) a Seller may not contact a Bidder who is Bidding on a Lot to offer other similar objects.

5.8 There will be a purchase between the Buyer who has made the highest bid on the Lot and the Seller who has offered the Lot. The Seller and the Buyer will receive a message regarding this. THOC is not a party to the negotiated purchase agreement.

5.9 However, the Buyer acknowledges and accepts that if the Seller had previously set a minimum price, no purchase agreement will be achieved if the highest bid was lower than this previously set minimum price.
5.10 The e-Platform may specify additional terms that apply to the Offer of Lots or to the submission of Bids.

5.11 Bids are always rounded up to whole currency units, ie no amount of decimals, nothing after the comma.

5.12 When a lot is offered in different currencies, the seller will accept any exchange rate risk between the start of the online auction and the payment of the purchase price.

5.13 THOC may impose additional terms on the bidding process to the Users auction by auction. The Users will be notified in advance of these terms and conditions so that they may, with knowledge, decide to bid on a particular Lot.

5.14 Users are required to comply with all reasonable instructions and recommendations from THOC regarding the bidding process. In the event of an online auction occurring in which these Terms are not provided and / or in the event of disputes between Users or other irregularities, THOC has the final decision. The Users must accept this decision as a final, arbitrary decision between themselves.

5.15 The Users declare to respect the outcome of the bidding process. THOC cannot, in any event, be held liable for any damage that the parties would suffer as a result of the creation of a final, non-desired purchase agreement, for example because the purchase price of a Lot is more or less than the expected value.

6.1 Each Professional Seller is obliged to make known to all other Users its correct trade name, address and VAT number at any time.

6.2 The Professional Seller is obliged to disclose all necessary and / or legally required information regarding its activities and its general terms of sale to other Users, in accordance with, inter alia, the provisions on remote sales.

6.3 The Professional Seller acknowledges that Buyers / Consumers who reside in a country within the European Economic Area may, in certain cases, have the right to dissolve the purchase agreement within the applicable legal period. This is the so-called buyer's right of withdrawal. It is the duty of the Professional Seller to inform the User - Buyer in full.

6.4 As stated and as Acknowledged by the Users, THOC is only a passive medium and is not obliged to inform the Buyer on behalf of the Professional Seller of the provisions regarding the legal provisions regarding distance selling. For informational purposes only, THOC wishes the User - Buyer to point out to the strengths of the abovementioned withdrawal right, namely:

- The Buyer has the right to withdraw the purchase for a period of 14 days after purchase, i.e the so-called term of the contract, and consequently to dissolve it. This period expires on the day after delivery of the entire Lot to the Seller

- The rescission should be made to the Professional Seller. This can be done orally, but it is advised to do so in writing or by e-mail via the e-Platform for the sake of the evidence. The Buyer can always use the model form for revocation

- During the commemoration, the Buyer will handle the Lot and the packaging carefully. He / she will only extract or use the Lot to the extent that it is necessary to be able to judge whether or not to retain the Lot. If the Buyer makes use of the right of withdrawal, he / she will return the Lot with all delivered accessories and - if reasonably possible - to the Professional Seller's original condition and packaging in accordance with the Professional Seller's reasonable and clear instructions.

-If the Buyer makes use of the right of withdrawal, the cost of returning the Lot is for his / her account.

- If the Buyer makes use of the right of withdrawal, the Professional Seller will refund the Purchase Price and the shipping fee as soon as possible, but no later than 14 days after the date of revocation. If THOC still holds the purchase price and shipping costs, the Professional Seller may ask THOC directly to repay the Buyer. Such request will be executed as soon as reasonably possible by THOC. The Buyer may also ask THOC to make the refund directly, insofar as it still holds the purchase price and the shipping costs. THOC will then make the refund after receiving the notification that the Professional Seller has received the Lot back in good condition.

- As soon as possible, but no later than 14 days after the Buyer's notice that he / she makes use of the right of withdrawal, the Buyer sends the Lot back to the Professional Seller or handles the Lot to the Professional Seller, unless the Seller has offered to pick up the Lot. The Professional Seller may wait for the Purchase Price refund and shipping to the Buyer until he has recovered the Lot, or until the Buyer has shown that the goods have been returned, whichever is the earlier.

- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Buyer.

- Certain products or services may be excluded from the right of withdrawal by the Professional Seller, insofar as the latter has notified the Buyer clearly and timely, i.e before the conclusion of the purchase agreement.

THOC cannot be held liable if the above information is incorrect or is not up to date. It is up to each User to inform himself of his / her legal rights and obligations. For an overview of the selling rules in the field of distance selling and the rights of the Buyers in this regard, you can visit the website of the Federal Public Service, Economy, SME, Middle East and Energy, as a Belgian User, and as a Dutch User on the website Of the Ministry of Economic Affairs. Furthermore, foreign law, issued for the implementation of Article 9 of the 2011/83 /EU concerning consumers right, may also apply. THOC therefore advises every Buyer to inform himself of his or her rights in this area and to seek legal advice to verify the rules applicable to his personal situation.

7.1 After the purchase agreement has been reached, the User who made the highest Bid receives a message from THOC containing an overview of the Lots purchased, the Purchase Price due, the shipping fee, the Buyer Commission, any resale allowance, and any VAT due.

7.2 Together with the above-mentioned notice, the Buyer receives an invoice containing the Buyer Commission owed to THOC.

7.3 The Buyer must pay the amounts due within the deadline specified in the notice to / through THOC, using one of the payment methods mentioned therein. If the Buyer fails to comply with the full payment of Purchase Price, Buyer Commission and any resale fee, within the stipulated term, it shall be deemed to be in default and automatically in violation of THOC and the Seller without the need for an explicit notice of default.

7.4 As soon as the Buyer is in default, it is legally liable for a default of 5% per annum on the outstanding principal sums. The Buyer is also obliged to pay a penalty amount of 10% of the purchase price, with a minimum amount of € 50.00, to THOC.

7.5 In the event of the Buyer being in default, THOC will send a final notice of termination, partly on behalf of the Seller in respect of the amount owed to the latter. In the event that the Buyer does not give a positive result to the above-mentioned final notice of default, THOC may transfer the claim for collection. All proven costs THOC will make to obtain payment due to the Buyer being charged by the latter.

7.6 THOC may take a decision to initiate a recovery procedure on behalf of the Seller for the defective Buyer. In that case, the Seller is obliged to give full and unconditional cooperation at the first request of THOC. This cooperation may include providing all useful information, signing all necessary documents, answering all questions as well as all other actions needed to complete the recovery process. During the recovery process, the Seller must retain the Lot, not to transfer or to object or to object to it and not change its status.

7.7 However, THOC may not be required by the Seller to collect the Purchase Price. If THOC waives a recovery proceeding against the Buyer, THOC will inform the Seller who then has the option of initiating a recovery procedure or not. The Buyer accepts that the Seller has the right to either resume the recovery process independently or to dissolve the purchase agreement with immediate effect without requiring a notice of default. The declaration of dissolution may be sent by the THOC on behalf of the Seller to the Buyer if the Seller so wishes. If Seller continues the collection process, THOC will provide the Seller with the necessary information, including the Buyer's required identity and address information. If Seller continues the collection process independently, Seller THOC will always be liable for any resale rights due. The possible termination of the purchase agreement by the Seller does not affect the fact that the Buyer remains the Buyer Commission owed to THOC.

7.8 In the event of termination of the Purchase Agreement to the Buyer's disadvantage, it is liable for all damage and costs affecting THOC, including the Seller Commission that THOC misses out on.

7.9 THOC will only pay the Purchase Price and any shipping charges to the Seller (after deduction of the Sellers Commission) after receiving the Purchase Price, Buyer Commission and any resale fee due to the Buyer. THOC will endeavour to pay the Purchase Price (after deduction of the Sellers Commission) and the possible shipping costs to the Seller after a fourteen (14) day delay from the date the Seller has shipped the product or the Buyer has collected the product, as shown by the Lot's shipping status and on which the Buyer also has a view.

Notwithstanding the foregoing, THOC has the right to suspend a payment to the Seller, especially if the Buyer has reported a dispute regarding the Lot. In such case, the Seller will not be liable for THOC and / or THOC may not claim damages or interest if the payment is suspended. The Buyer, on the other hand, will not be liable for THOC and / or THOC cannot claim damages or interest if THOC still pays the money to the Seller, being the party initially intended to receive these funds.

THOC therefore advises the Buyer to report a dispute through the e-Platform in case of doubt regarding the correct execution of a purchase agreement within fourteen(14) days from the date the Seller shipped the product or the Buyer has picked up the product. If such a dispute notification does not take place in time, the Buyer is at risk of the payment already being made to the Seller.

8.1 The Seller is responsible for sending and delivering the Lot to the Buyer in accordance with the terms of the purchase agreement. Buyer and Seller may also agree that the Lot will be collected by the Buyer.

8.2 The Seller is obliged to send the sold Lot to the Buyer within the three (3) business days after notification by THOC that the full payment of the Purchase Price and Shipping Price, Buyer Commission and any resale fee has been received.

8.3 If the shipping costs are lower than stated during the online auction of a particular Lot, for example because the Buyer collects the Lot or if a Seller sells multiple Lots to the same Buyer, the Seller must refund any excess shipping costs to the Buyer.

8.4 It is the responsibility of the Seller to provide proof of delivery of the Sold Lot to the Buyer. THOC recommends, in the light of the occurrence of discussions, to send sold shipped Lots always with a Track & Trace system, or to request a signed acknowledgment of the Buyer of a receipt upon withdrawal of a Lot.

8.5 The risk of damage or loss of a Lot rests with the Seller until the delivery of Lot at the address specified by the Buyer. After the day of delivery, the Buyer has three (3) days to report a damage, either directly to the Seller via the e-Platform or to THOC via the intended e-Platform dispute function. After this term, the Seller can no longer be deemed to be responsible for the damage.

8.6 If the Seller - in case of default - fails to comply with his delivery obligation on time, THOC has the right to terminate the purchase agreement on behalf of the Buyer. The Seller must then refund the purchase price already received to THOC, which in its turn will transfer it to the Buyer. If THOC does not receive the Purchase Price, the Buyer cannot claim rights to THOC in this regard. The Buyer must then contact the Seller to obtain a refund.

The dissolution of the purchase agreement does not affect THOC's right to the Sellers Committee. The Seller is liable for all damages and costs caused to him, both in respect of the Buyer and THOC. The damage of THOC consists at least of the failed Buyers Commission. In addition, the Seller is liable to THOC for a flat-rate compensation amounting to 30% of the Purchase Price.

8.7 The Buyer is obliged to take out the Lot within the time limit specified by the Seller. If no time limit has been specified or agreed, the Buyer is bound to decline the Lot within a reasonable period, which is a maximum of four weeks after the conclusion of the purchase agreement. If the Buyer does not decrease the Lot, decreases the Lot too late or makes the delivery of the Lot impossible then THOC has the right to pay the Purchase Price (after deduction of the Sellers Committee) - after the Buyer's notice of default via e-mail - to the salesman. In that case, the Buyer shall be entitled to claim a refund and / or  a (damage) compensation from THOC. THOC may oblige the Seller to keep the Lot free of charge for purchase by the Buyer for a period of maximum four weeks after the purchase agreement has been concluded. After these four weeks, the purchase agreement should be deemed to be dissolved without affecting the Buyer Committee's liability by the Buyer. In that case, the Buyer shall be liable for all damage and costs caused by him with respect to THOC. The damage of THOC consists at least of the failed sellers' commission. The Buyer is also liable to THOC for a flat-rate compensation amounting to 30% of the Purchase Price.

8.8 All complaints and disputes between Seller and Buyer regarding the purchase transaction must be reported to THOC as soon as possible through the intended dispute function on the e-Platform. Seller and Buyer should in principle resolve their disputes themselves as THOC is not a party to the purchase agreement, but THOC will make reasonable effort to mediate between both parties. Both parties agree that if they are unable to resolve, and THOC still holds the purchase price, THOC has the final right to decide whether the Buyer will be refunded to the Buyer or be paid to Seller. THOC will not be liable for its decision or be liable to pay any (damages) compensation to the Buyer or the Seller.

9.1 The User bears all risk of using the Services and the e-Platform. Also, the User and only the User is responsible for all information that he / she places and makes available on and / or via the e-Platform, and any other actions that he or she imposes on or through this platform. THOC is only a passive medium in terms of the publication and dissemination of information provided by the User.

9.2 The information and actions that may not be taken:

(i)            Incorrect, inaccurate, misleading or fraudulent.

(ii)           Offensive, hurtful, discriminatory, threatening, violent, harmful or defamatory.

(iii)          In violation of the goodness or good taste.

(iv)         Infringement of copyright, patent, trademark, trade secret or other (intellectual) proprietary rights or rights of publicity or privacy, or other rights.

(v)          Infringement of illegal activities, or a law or violation of any other regulations.

(vi)         Include personal information of others.

(vii)        Virus, Trojan horses, worms, bots or anything else that is designed to damage a system, data, or personal data may be adversely affected by unauthorized use, interception or disruption of clandestine.

(viii)       Consists of chain letters, junk mail or spamming and does not contain links to commercial or non-commercial websites.

(ix)         Ensure that the Services or the e-Platform are interfered, interrupted, manipulated, undermined, damaged, less efficient, or affected so as to impair its effectiveness or functionality in any way.

(x)          Negative effects affect the honour or good name of THOC or its liability.

9.3 The e-Platform allows limited access to other users' contact information to allow interaction between the Users and, in particular, between the Seller and the Buyer. he User will not process or use any personal information of other Users, either without the consent of the User concerned, as may be used by Users without explicit permission in a mailing list or to access them for unsolicited or in violation of Article 10.

9.4 A User is strictly forbidden to bypass, manipulate or disturb the THOC e-Platform and THOC Billing Process, such as, inter alia, by directly contacting other Users to conclude a purchase agreement outside of THOC. In the event of violation of this provision, the User in violation of this Agreement shall be liable to reimburse all damages and costs caused to THOC, which is at least the amount of Buyer Commission and Seller Commission.

9.5 The User will not use any applications that monitor the Services and / or parts of the Services.

9.6 In case of violation of Articles 9.3, 9.4 or 9.5, the User shall be liable to THOC for a direct claimable damages of € 500.00 per violation, as well as € 500.00 for each day on which the violation continues, without prejudice to the right of THOC to recover her any higher, actual damage suffered.

9.7 Some parts of Services are offered by THOC only for payment. The cost of using these items is stated on the e-Platform and is payable by the User in advance. THOC has the right to make price adjustments for these parts at any time.

10.1 The e-Platform allows a User restricted access to the contact information of other Users in order to enable communication and to proceed to the conclusion and settlement of the purchase agreement. Furthermore, any information that a User voluntarily places on and / or via the e-Platform may be used by other Users.

10.2 By accepting this User Agreement and its Terms of Use, each User acknowledges the personal information of other Users obtained through the e-Platform for use only for:

(i)           Communication related to an existing, real e-Platform transaction and which does not include unsolicited commercial messages.

(ii)           Services offered by third parties through THOC.

(iii)          Any other use that the User has explicitly agreed to.

A User may only use the information obtained by him / her in accordance with all applicable laws and regulations, including privacy laws. Personal Information of a User may in no case be disclosed without the express permission of the User and THOC concerned. THOC may disclose Personal Information from Users to comply with statutory requirements, or to protect the rights, property or third party security, or if provided for in these Terms

10.3 Spam or unwanted commercial messages are prohibited. Adding Users to mailing lists without their explicit written permission is also forbidden.

10.4 THOC cannot guarantee that Users will comply with the Terms of Use of User Information. THOC has no control over, nor does it automatically view the information provided by the Users and those that are available through the e-Platform. THOC therefore has no knowledge of the information provided and cannot be held responsible and / or liable for this purpose. Every User understands and accepts this.

10.5 THOC always has the right to remove user information or to shorten or modify user information without being liable for the adjusted content. All this without being liable for any damages and without being obliged to pay any damages in respect of the Users and / or third parties.

10.6 Complaints relating to certain User Information can always be reported to THOC.

10.7 When placing user information, the User grants a non-exclusive, worldwide, perpetual, irrevocable, uninterrupted, free and transferable license to THOC for the exercise of the copyrights, trademarks, publicity and database rights that the User owns concerning his / her information in any currently known as well as future media, as far as necessary to provide the Services. The User also grants a similar right to disclose and / or multiply his / her User Information for all purposes deemed necessary by THOC, including promotional activities. The User disclaims his / her moral rights or personality rights on his / her User Materials and this is to the highest extent permitted by law.

11.1 The e-Platform is offered in the state and situation where the User finds it. THOC does not guarantee unrestricted, uninterrupted or secure access to the Services. It also does not warrant that its Services and / or the e-Platform will be accessible or operable without interruption, errors, defects or viruses and other harmful components, nor will it resolve any incidental issues. The User acknowledges that the operation of the e-Platform may be disturbed by various (often technical) factors that may render the Services unavailable, for example by no means limitative, the e-Platform is unreachable, and a Bid cannot be released, etc... Regardless of the cause of such malfunctions, the User acknowledges that THOC cannot be held liable in any way for any damage that may arise from the unavailability and / or malfunction of the e-Platform and / or the Services, both for direct as indirect damage or consequential loss arising out of or in any way related to the use of the e-Platform and / or Services.

11.2 THOC reserves the right, without prior notice, to make any changes of any kind in the Services and / or the e-Platform, either to discontinue the Services and / or the e-Platform, or to limit the use of the e-Platform if it deems it necessary to either abolish the Services and / or the e-Platform if it sees reason. All this without being liable for any damages and without being obliged to pay any damages in respect of the Users and / or third parties.

11.3 The User must provide the necessary hardware and / or software to use the Services and / or the e-Platform. If a modification or update of the e-Platform requires other specific hard- or software requirements, the User must be enabled by himself.

12.1 All intellectual property rights relating to the Services, the E-Platform, or the User Information such as the rights to the texts, images and photos, layout, software, etc... are owned by THOC. The present Terms and Conditions have no purpose whatsoever to transfer intellectual property rights to the Users, and it is therefore forbidden to violate these rights or the intellectual property rights of users or third parties. Users only have the right to use the Services and / or the e-Platform in accordance with these Terms. All other operations are prohibited.

12.2 It is expressly forbidden to decompile the Services and / or Online Platform to the source code and / or apply reverse engineering.

13.1 Resale right is a compensation of which graphic and plastic artists, including photographers, in some cases have right to when one of their original works of art is resold by actors of professional art trade.
Users should review the applicable regulations to determine whether a resale fee is due.

13.2 If a resale fee is due, the Seller must make this clear in the description of the Lot, together with a statement of the percentages that determine the amount of resale right.

13.3 The seller is responsible for the declaration of a sale due for a resale allowance and is required to pay the fee to the competent services.

13.4 The Buyer will pay the resale allowance at the same time as the Purchase Price and Buyer Commission in accordance with Article 7 of these Terms.

13.5 If the Seller has failed to report a resale fee payment, the Seller shall pay for payment to the relevant services.

13.6 THOC cannot be considered as an intermediary in the purchase transaction. Should THOC be personally addressed to comply with the resale allowance, it will be able to contact the Seller and / or the Buyer who are held jointly in respect of THOC to safeguard THOC for all claims in respect of both principal, interest, fines and other direct or indirect damage. After all, it is possible for individual users to check whether a resale fee is due.

13.7 The law of the country where the Seller has his habitual residence will determine which resale allowance is applicable.

14.1 The User explicitly acknowledges THOC cannot be held liable for direct or indirect damage or consequential loss suffered as a consequence of, or resulting from, the provision of the Services in the broadest sense, including the use of the e-Platform by the User(s). Likewise, THOC cannot be held liable for damages arising from an unlawful act, in so far as such act would be directly or indirectly related to the provision of the Services.

14.2 Should a rejection of liability, as stipulated in these Terms, not be possible under mandatory statutory provisions, THOC's liability to the User's damages will in all cases be limited to his / her direct damage, which damage is in any event limited to the highest of the following amounts: (a) the total amount of commissions (excluding VAT) paid to THOC during the 12 months preceding the event that caused the damage, or (b) 150 EUR.

14.3 In order to be entitled to compensation, the User - Damage Holder shall report to THOC within 12 months of the claim for damages. After this period, the right to compensation will be permanently terminated.

14.4 This article applies accordingly to the companies associated with THOC, its entrepreneurs, directors, managers, intermediaries, agents, representatives and employees. Everywhere in this article, where 'THOC' is read, these people should also be read.

14.5 The User is obliged to comply with all applicable national, European and international regulations regarding the use that he / she makes of the Services and in respect of its bidding, offer, purchase and sale of the Lots via the e -Platform. THOC undertakes nothing in this regard and cannot assume any liability for this purpose. It is up to each User to inform themselves individually of the applicable regulations and to adjust to this.

15.1 When a User has a claim of dispute against another User in connection with the use of the Services and / or the e-Platform, he User declares and warrants to THOC that he / she is claiming his / her claim or dispute independently without having to be able to and will do on THOC, or request the intervention of the latter. In any event, the User indemnifies THOC for all claims, liabilities, damages, losses, charges and fees, including legal costs, known or unknown, relating to such claim, claim or dispute.

15.2 The User indemnifies THOC for any loss whatsoever resulting from abuse or improper use of his username and password. THOC may assume that the User is also the one who logs in with User Username and Password.

15.3 The User will completely indemnify and defend THOC for any claims of third parties, including the reasonable costs of lawyers associated with or arising from the User:

(i)            Made use of the Services and / or the e-Platform.

(ii)           Information provided on or via the e-Platform.

(iii)         Infringement of these terms, laws, regulations, and / or rights of any third party, such as intellectual property rights.

15.4 The User will fully refund THOC for all damages suffered by the latter and all costs it may incur to be indemnified, including the reasonable costs of lawyers arising from:

(i)            A failure by him / her in complying with these Terms.

(ii)          An incorrect action taken by him / her in connection with the use of the Services, in the broadest sense.

15.5 THOC sluit iedere garantie, toezegging en vrijwaring van welke aard dan ook, zoals o.a. omtrent de kwaliteit, veiligheid, rechtmatigheid, integriteit en juistheid van haar Diensten, uitdrukkelijk uit. 15.6 Dit artikel geldt dienovereenkomstig voor de met THOC verbonden ondernemingen, haar zaakvoerders, directeuren, managers, tussenpersonen, agenten, vertegenwoordigers en werknemers. Overal in dit artikel waar 'THOC' wordt gelezen dient ook voormelde personen te worden gelezen.

16.1 The User has the right at all times to terminate the use of the Services and to terminate his online account without any cancellation fee due. However, as long as there are still any obligations of the User regarding THOC or other Users, THOC will allow the discontinued account to remain inoperative before it is permanently deleted.

16.2 If the User acts in violation of these Terms, or if there is suspicion of intentions thereto, or if the User acts against the THOC policy principles, THOC has the right, at its own discretion, to terminate the Services which the User is temporarily using, in whole or in part, temporarily or permanently, restrict, suspend or inaccess, or temporarily or permanently terminate the User's online account and, if necessary, remove. THOC cannot incur any liability for such actions and the User cannot claim any compensation for THOC for the foregoing. THOC reserves all its other remedies granted to it by the User under these Terms and / or by law and regulation in general.

17.1 The used titles and intertitles in this User Agreement are purely informative and may never affect the literal terms of the Terms.

17.2 THOC may transfer the rights and obligations arising from this User Agreement to third parties. If applicable, THOC will notify the User.

17.3 Any notice regarding the Services and Terms described in this User Agreement shall be valid if it has taken place:

- To the User:

either through the e-Platform message service;

either to the email address specified in the user account;
either by a registered letter to the User's last known home address, as specified by him / her in the user account.

- To THOC: either via e-Platform messaging service;

either to the email address support@thocauction.com;
either by a registered letter at the postal address 3600 Genk (Belgium), NieuweKuilenweg 31/22.

17.4 If any of the provisions of this User Agreement are in whole or in part null or void, then this will not affect the validity of the other provisions. THOC will replace the invalid provision(s) with an equivalent valid provision that complies with the general spirit of this agreement and whose legal effects will correspond as much as possible to those of the invalid provision(s).

17.5 This User Agreement, the Terms, Use of the Services, the e-Platform, all Purchase Agreements between Users, and any disputes arising out of the foregoing shall be governed by and interpreted in accordance with the Belgian law, unless this is to be compelled by law. The Users must acknowledge and accept that in case of international transactions another law than the Belgian law may aplly.

17.6 Any dispute arising between the User and THOC regarding the validity, interpretation or performance of this User Agreement, the Terms, Use of the Services and / or the E-Platform will be settled by the Belgian courts and their respective departments with jurisdiction over the territory of the city of Genk, unless this is to be compulsorily disregarded.

18.1 It is only possible for professional sellers that registered an euro seller account to register themselves as partnered seller.

18.2 Every professional seller who wishes to register as partnered seller must open an E-wallet at a payment service provider appointed by THOC.

18.3 Partnered sellers receive the purchase price minus the seller commission instantly when the buyer paid his outstanding amount. Partnered sellers pay a small handling fee for this to the payment service provider appointed by THOC.

18.4 Professional sellers register themselves as partnered sellers by connecting their E-wallet to THOC by the special connection button available in their account.

18.5 By registering themselves as partnered seller the professional seller accepts that THOC: - Has access to al data in the E-wallet from the partnered seller - Can make refunds on behalf of the partnered seller

18.6 By registering themselves as partnered seller the professional seller agrees to the terms and conditions that are applicable for partnered sellers

18.7 Whenever the available amount in the E-wallet of the partnered seller appears insufficient to perform a refund to the buyer the partnered seller is obliged to make sure that the E-wallet amount becomes sufficient to perform the refund or to perform the refund himself and deliver proof of the refund to THOC. The partnered seller is obliged to do so within 2 days after the problem raised.

When the partnered seller does not make the balance sufficient or does not make the refund the buyer by himself and deliver the proof of the refund to THOC, THOC can close the seller's account. Furthermore the partnered seller is held to pay a compensation to THOC that equals 3 times the amount of the refund that did not could be made in time.

For all questions about the Services, the e-Platform or these Terms of Use, Users and third parties may contact THOC using the following contact information:

- either by letter addressed to the following mailing address: 3600 Genk (België) Nieuwe Kuilenweg 31 / 22
- either by e-mail to the following e-mail address: support@thocauction.com