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Auctions conditions

WORLD TREASURY AUCTION

 


1 INTRODUCTION
2 AMENDMENTS TO THIS USER AGREEMENT
3 USER CONDUCT
4 REGISTRATION
5 SELLER CONDUCT
6 BIDDER CONDUCT AND OBLIGATIONS
7 BUYING AND SELLING
8 WTC INVOLVEMENT


1 INTRODUCTION

Welcome to World Treasury Center ("WTC") online auction service.

Any person who registers to bid for objects offered on this site must accept the terms and conditions set forth in these user agreement without change or alteration.

PLEASE NOTE THAT WHEN YOU PRESS THE ACCEPT BUTTON, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, INCLUDING ALL POLICIES, PROCEDURES AND GUIDELINES INCORPORATED HEREIN BY REFERENCE.

* This user agreement governs the terms on which all objects are offered and sold on this site and creates a legal contract between each person registered to bid for any object offered on the site (a "bidder" and (or) "buyer") and each seller offering property for sale on the site on whose property bidders may bid, whether successfully or unsuccessfully (a "seller"), and between each bidder and seller and WTC.

* By accepting the terms and conditions set forth in this user agreement, you also agree to abide by the procedures and guidelines for conducting auctions contained elsewhere on this Site, which are incorporated by reference into, and made part of this user agreement.

* This user agreement (hereinafter also referred to as "this agreement") describes the terms and conditions applicable to the use of the services ("the service") provided by WTC (which is a trade name of the Dutch private company "Quickworld.net B.V.", having its registered offices at Amsterdam), at its site ("the site").

* The site is an online venue permitting sellers to present
equipment (hereinafter referred to as "the object" or "the objects") to registered buyers (or bidders).
Bidders are provided the opportunity to make offers on such equipment.


2 AMENDMENTS TO THIS USER AGREEMENT

WTC may, at its sole discretion, change, modify, add or remove any portion of this agreement, in whole or in part, from time to time and at any time without notice to you, by posting such changes on the Site.
The changes will be effective fifteen (15) business days after the posting.
You agree to periodically review this Agreement to be aware of any changes. Your continued use of the Site and the Service after such changes are posted will constitute your agreement to such changed Agreement.
If you do not agree to any changes to this agreement, you may not continue to use the Site.


3 USER CONDUCT

You are solely responsible for the content and context of any user Information you submit to us.
You warrant and agree that, while using the site or the service, you shall not:

- harass, threaten, embarrass or cause distress or discomfort upon another User, or any other individual or entity;

- transmit through the site any information, data, text, files, links, software, messages, communications or other materials that WTC, at its sole discretion, considers unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable;

- impersonate any other person or entity, or misrepresent your affiliation with any other person or entity;

- upload, post, submit, publish, transmit, reproduce, or distribute in any way,
a) information, software or other material obtained through the Site that is protected by copyright or other proprietary or intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder;
b) any component of the service itself or derivative works with respect thereto, as the service is copyrighted under applicable copyright laws;

- upload, post, publish, submit, link or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including (without limitation) any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law;

- upload, post, publish, submit, transmit, reproduce, link distribute, or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material);

- restrict or inhibit any other user from using and enjoying the site;

- post, link, or transmit

a) any bulk emails, advertisements, solicitations, offers for sale of goods or services, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by the WTC) or engage in spamming or flooding; or

b) any information or software which contains a virus or other harmful computer programming routine that may damage, interfere with, intercept or expropriate any system, data or personal information; or

c) attempt to gain unauthorized access to other computer systems through the Site or the Service.


4 REGISTRATION

The service is available only to individuals and businesses who can form legally binding contracts under applicable law. You have already completed the Registration Form.

Upon your acceptance of this agreement, your registration form shall be submitted to WTC.
WTC reserves the right to disapprove your registration for any reason, at its sole discretion, and prohibit you from participating in the service.
In addition, WTC reserves the right to terminate your use of the service for any reason, at any time and from time to time, at its sole discretion.

4.1 Email Verification Number, Password and Security
Once WTC approves your completed registration form, which can be submitted either in hard copy, facsimile, or by email, you will be assigned an email verification number which you will use to complete your registration on the Site.

During the registration process, you will also select a password.
You are solely responsible in all respects for all use of and for protecting the confidentiality of your email verification number, your email address and your password.
You may not share your email verification number or your password with any third parties or use your email verification number or password for any unauthorized purposes.
You agree to notify WTC immediately of any unauthorized use of any email verification number, email address or password or any other breach of security regarding the Service of which you have knowledge.


5 SELLER CONDUCT

In addition to the other obligations set forth in this agreement, if you sell objects on the service or through the site, you agree to abide by the following:

5.1 Listing Details

If you elect to use the site or service to sell objects, you shall be prompted to submit information pertaining to these objects (hereinafter collectively called "listing details").

The listing details will appear on the site with the object to which they apply.
Once you have completed the listing details form, you shall have the opportunity to review the listing details as they will appear on the site with the object.
You will have the opportunity to edit the listing details prior to posting it to the site.

Once you are certain the listing details are accurate, you may post them to the site.
Once you post the Llisting details of an object to the site, the object becomes a "posted object."

Be aware: bids can be in different currencies.

As a seller, you must specify any special terms and conditions regarding the object on the listing.

Whenever you list an object for sale, you are certifying that:

a) you have the legal right in your jurisdiction to sell that object;

b) the sale of such object is not subject to any United Nations embargo or banned by any United Nations resolutions; and

c) you have disclosed all restrictions, laws or regulations regarding the sale of such object.

We reserve the right, in our sole discretion, to refuse to post any listing for bids.

5.2 Fees

For each sale, the Seller shall pay to WTC a fee equal to THE AGREED FEE a % of the final total sale price minimum fee € 350,- excl. VAT (the "Commission Fee").

The exact Commission Fee charged will depend upon the final winning bid at the auction closing.
Unless otherwise stated or mutually agreed between WTC and the seller, all commissions will be charged and shall be paid in Euro.

5.3 Submitted objects

If you submit listing details to the site, and thereby submit an object to the site, you acknowledge and agree that you are extending an irrevocable offer to sell the submitted object to a bidder who meets the requirements you have specified in the listing details, including but not limited to, reserve price, payment terms, shipping terms, payment methods, etc.
You may not change any information or withdraw any object once it has been posted, but you may add new information.

As a Seller, once you submit an Object to the Service and it becomes a Submitted Object, you shall not sell the Submitted Object other than through the Service unless you pay to WTC
the applicable Commission Fee.

As a seller, you may not contact any bidder in an ongoing sale ofsubmitted objects offered by another seller offering similar or the same object.

As a seller, you shall not use an alias to place bids on any object you are selling, either directly or indirectly, for any reason.

5.4 Seller's Warranties

As a seller, you represent and warrant that:

a) all listing details you provide shall be accurate and complete and shall represent the conditions of the submitted object at the expected sale date;

b) no submitted object you provide for sale on the service shall be fraudulent or counterfeit;

c) you shall have the right, through actual ownership or otherwise, to provide any submitted object for sale on the service and to sell the object through the service;

d) the payment of the No Sale Fee and Commission Fee to WTC for any submitted object you provide shall not cause WTC to violate any applicable law, statute, ordinance or regulation.

5.5 Seller's Post Sale Responsibilities

As a seller, you agree to transfer the equipment free and clear of:

- all liens,
- security interests,
- encumbrances,
- and charges of any kind,

and will therefore deliver good and merchantable title to the Buyer.

The buyer is responsible for loading the sold objects for transport and to make all shipping arrangements, in accordance with the shipping terms posted for the object.

The seller is also responsible for providing all documents necessary for the transfer of title in the buyer's jurisdiction.


6 BIDDER CONDUCT AND OBLIGATIONS

By placing a bid on any object, the Bidder irrevocably agrees to pay the totalpurchase price for the object if he, she or it is the successful bidder.

If you are going to use the service or the site to buy a submitted object you will have the opportunity to survey the object (at your cost and risk), and to verify that the seller has accurately described and submitted the condition of the object.

Each bid creates a binding obligation on the bidder, enforceable by each of WTC and the sellers, to pay fully and promptly all sums due and perform any other conditions of completion with respect to the applicable sale.
Once placed, a bid may not be cancelled by the bidder.

If you bid on an object, and your bid is the highest bid at or above the reserve price after the total auction period, you are obligated to complete the transaction in accordance with the special terms and conditions specified (if any) for that object at the price you have bid. You may not retract the bid, unless:

a) the posting information included a material inaccuracy or misrepresentation,

b) the submitted object does not materially comply with the posting information.

Whenever you choose to bid on an object, you are certifying that:

a) you have the legal right in your jurisdiction to purchase that object;

b) the sale of such object is not subject to any embargo or banned by any United Nations resolution; and

c) you have disclosed to WTC and the seller all restrictions, laws or regulations regarding the sale of such object.

The site is available only to bidders who meet the terms of eligibility, who have been issued a valid credit card by a bank acceptable to WTC, or other means of security acceptable to WTC.


7 BUYING AND SELLING

All objects are sold "AS IS", unless otherwise stated by the seller.
All prices are listed according to their value in US$, but the seller and the buyer may at their option, mutually agree otherwise as to the currency of final sale.
Each auction is independent and subject to any additional terms and conditions established by the seller.

7.1 No Price Manipulation

Sale price manipulation of any kind, directly or indirectly, by users is expressly prohibited, including, but not limited to, through a secondary account, agent or assign, by making offers for your own account and the submitted objects you have provided.

7.2 Reserve Prices

All objects offered on this site can be offered subject to a reserve, which is the minimum price below which such object will not be sold. The seller is not obligated to sell the object unless the reserve price is met. An object will be withdrawn from sale if no bid equal to or above the confidential reserve for an object established by the seller is received during the sale period.

7.3 Notification

WTC will send an email to the winning bidder and the seller at the close of the auction.
The winning bidder (also referred to as "the buyer") must contact the seller within three (3) business days after the close of the auction.
If the buyer fails to contact the seller within three (3) business days, the seller may decide to sell to the next highest bidder.

7.4 Remedies for a buyer's failure

If any applicable conditions are not complied with in a timely manner by the buyer, in addition to other remedies available to WTC or the seller by law, including without limitation the right to hold the buyer liable for the total purchase price, WTC or the seller may, at its option, cancel the sale and reoffer the object on the site or sell it privately. In addition, WTC or the seller may hold the buyer liable for any and all costs of collection or re-offer, handling charges, late charges of 18% per annum (or the highest rate allowed under applicable law), commissions, and any legal fees and expenses.


8 WTC INVOLVEMENT

8.1 "Quick-Equip.com" (Quick-Equip and/or WTC) is only a Venue

The Site is only a venue for registered sellers to conduct sales of equipment (objects), and for registered bidders to make offers on such property.

WTC is not involved in the actual transactions between bidders and sellers.
As a result, WTC has no control over the quality, safety or legality of the objects advertised, the truth or accuracy of the listings or the information about the objects, the ability of sellers to sell objects or the ability of bidders to buy objects.

WTC cannot and does not confirm that each user is who he, she or it claims to be.
Appearance on the site is not an indication of the creditworthiness, trustworthiness, or acceptability of any bidder or seller.

WTC cannot and does not control whether or not sellers will complete the sale of objects they offer or whether bidders will complete the purchase of objects they have bid on. Users involved in a sale are advised to communicate directly with other users to evaluate creditworthiness, trustworthiness, and acceptability.
Because WTC is not and cannot be involved in dealings between users, in the event that you have a dispute with another user (whether a bidder, buyer, or seller), you hereby release WTC, its directors, officers, employees and agents from and against any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

8.2 Modifications to service

WTC reserves the right, for any reason, at its sole discretion, to terminate, change, suspend or discontinue any aspect of the site or the service, including, but not limited to, content, features or hours of availability.
WTC may also impose limits on certain features of the service or restrict your access to part or all of the site or the service without notice or penalty.

WTC specifically reserves the right to withdraw any object before the end of the sale period, halt any auction during its progress, and (or) remove, screen or edit any materials or content on the site.

WTC may refuse to process a transaction for any reason or refuse service to anyone at any time in its sole discretion.

Neither WTC nor any of its affiliates will be liable to any bidder, buyer or seller or third party by reason of WTC's withdrawing any property before the end of the sale period; halting any auction during its progress; removing, screening or editing any materials or content on the site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

8.3 Monitoring

You agree that WTC has the right, but not the obligation, to monitor at any time, for any reason at its sole discretion, all material and content on the site and the service in order to determine compliance with this agreement and any other operating rules that WTC may establish from time to time.

WTC may investigate any reported violation of the site policies or complaints and take any action that it deems appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials on the site, including listings and bids).

WTC reserves the right at all times to edit, disclose, refuse to post, request removal of or remove any material or information as may be necessary (at WTC's sole discretion) if such material and information are objectionable or in violation of this agreement.

WTC may also investigate, in its sole discretion, the use of any credit card by a bidder, and take such action as WTC deems appropriate, including without limitation, contacting the bidder using such card or cancelling bids placed by such bidder.

8.4 System Integrity

WTC makes reasonable commercial efforts to make its service and site available, however, WTC is not responsible for any service interruptions, including, but not limited to, interruptions that may affect the receipt, processing and acceptance of bids or other aspects of an auction or sale.
You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the site, the service or any sale being conducted on the site.

8.5 Taxes

You acknowledge and agree that WTC does not undertake any responsibility to calculate, report or remit sales or use taxes which may be assessed, due or owing to the taxing authorities of any taxing jurisdiction for transactions that arise in connection with your use of the service.

You acknowledge and agree that you are solely responsible for the calculation, collection and remittance of any applicable taxes which may be incurred or assessed in connection with your use of the service.

8.6 DISCLAIMER OF WARRANTIES

THE SITE AND SERVICE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE OR THE SERVICE, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

a) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;

b) THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR;

c) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND

d) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OF NOT ARISING FROM THE NEGLIGENCE OF WTC.


TO THE FULL EXTENT PERMISSABLE UNDER APPLICABLE LAW, WTC DISCLAIMS ANY AND ALL SUCH WARRANTIES.

WTC DOES NOT WARRANT THAT THE SERVICE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN OR IN THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WTC MAKES NO WARRANTY THAT THE SITE OR THE SERVICE WILL MEET USERS' REQUIREMENTS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR GUARANTEES THAT BY POSTING AN OBJECT ON THE SERVICE OR THE SITE, THE POSTED OBJECT WILL BE SOLD.

IF YOU ARE DISSATISFIED WITH THE SITE OR ANY SERVICES ON THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICE.

WTC MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WTC OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.

WTC EXPRESSLY DISCLAIMS ANY ENDORSEMENT OR WARRANTY OF ANY GOODS SOLD ON OR THROUGH THE SERVICE, AND ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANOTHER USER.

8.7 LIMITATION OF LIABILITY

IN NO EVENT SHALL WTC BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF WTC OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
IN NO EVENT SHALL THE TOTAL LIABILITY OF WTC TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE AND THE SERVICE EXCEED, IN THE AGGREGATE, $100.00.

8.8 Indemnification:

You shall indemnify, defend and hold WTC, its officers, directors, employees and agents (collectively, the "Indemnified Parties"), harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys' fees), incurred by an Indemnified Party in connection with any claims arising out of, based upon or resulting from any breach or violation by you of this agreement or any use by you of the service or the site. WTC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of WTC.

8.9 No Agency

The relationship between you and WTC is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement.

WTC is not the agent, fiduciary, trustee, partner or other representative of any bidder, buyer or seller.
Nothing expressed or implied from this agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this agreement.
This agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of WTC and relying buyers or sellers.

8.10 Termination

This agreement constitutes a binding agreement between you and WTC until terminated by you or WTC, which WTC may do at any time, without notice, at WTC's sole discretion.

If you become dissatisfied with the service or the site, in any way, your only recourse is to immediately: (1) discontinue use of the service; and/or (2) notify WTC of termination of use.

WTC may, at any time, at its sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your status as a User, any of the sales in which you involved (whether as a seller or a buyer), or remove from the site and the service any other information you have posted to the site.

The contract between the buyer and the seller will be completed when the sale period for the object ends, and the highest bidder recognized by WTC for each object at the end of the sale period will be the buyer.

WTC reserves the right to reject any bid at any time.
In the event of identical bids, the first bid received by WTC will take precedence.
In the event of any dispute between bidders, or in the event of doubt as to the validity of any bid, WTC will have the final discretion to determine the successful bidder.
If any dispute concerning bidding arises after the sale, WTC's determination is conclusive.
WTC is not responsible for errors or omissions in connection with the transmission of bids to the site, nor for any on-line or other charges you may incur in connection with participating in this auction.

8.11 Choice of Law; Dispute Resolution

This agreement as well as the buyer's, WTC's and the seller's respective rights and obligations hereunder are governed by and construed and enforced in accordance with the laws of The Netherlands.

By accessing or using the site, the buyer shall be deemed to have consented to the exclusive jurisdiction of the Courts of The Netherlands with respect to any claim, action or proceeding arising out of or in connection with the site, any transactions conducted on or through the site and this user agreement, and that proper venue shall lie in the aforementioned courts, and you agree not to commence or prosecute any such claims, actions, or proceedings other than in the aforementioned courts.

You agree and acknowledge that your use of this site shall be deemed to have occurred and taken place solely in The Netherlands.

8.12 Notices And Disclosures

Except as explicitly stated otherwise, any notices shall be given by email to, in the case of WTC:

in the case of a user to either:

1) the email address you provide to WTC during the registration process,

2) the mailing address provided to WTC during the registration process by certified mail, postage prepaid and return receipt requested, or

3) such other address as you may specify.

Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or, in the case of mailing, three (3) days after the date of mailing.

As with the other provisions of this agreement, WTC may change its address for notices by posting the new address on the site.

8.13 General Provisions

If any provision of this agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of this agreement shall continue in full force and effect.

The failure by either you or WTC to exercise or enforce any rights or provisions of this agreement shall not constitute a waiver of such right or provision.

You agree that any cause of action arising out of or related to the Service or this agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

This agreement comprises the entire agreement between you and WTC and supersedes all prior agreements between the parties, regarding the subject matter contained herein.

All provisions in this agreement regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this agreement.