The terms of use are a translation of the original version in Dutch with the help of artificial intelligence
Article 1: Definitions
Terms of Use: These are the general terms and conditions applicable to any use of the platform and any relationship between users, buyers, sellers, and Topoftheart.
Platform: The website www.topoftheart.be or www.topoftheart.com.
Kure BV: The limited liability company under Belgian law with its registered office at Groene Corniche 9, 1150 Sint-Pieters-Woluwe, Belgium, and KVK/company number 0888.701.627.
Topoftheart or topoftheart.be or topoftheart.com or any other name referring to Topoftheart is the commercial name of Kure BV.
Bid: The amount (plus additional costs and taxes) proposed by a user for the purchase of a lot offered through the platform.
Visitor: Any person who visits the platform and can view ongoing or future lots.
User: A person who has registered on the platform and is thereby able to place a bid. A seller is also considered a user even without registration.
Lot (or item or article): A good or service offered through the platform.
Registration: The process by which a person registers on the platform to create an account in order to place a bid.
Auction: The offering of a lot through the platform with a fixed end date and time.
Seller: The person who lists a lot on the platform, i.e., the owner of the lot.
Article 2: Scope and General Operation
These terms of use apply to any person using the platform.
The applicability of other terms and conditions is excluded, except for specific conditions expressly accepted. Such specific conditions may supplement or amend these general terms and will take precedence in such cases.
It is the responsibility of users or visitors to regularly review the general terms to stay informed of any changes. The revised version applies once published on the platform. If any provision of the general terms is void or invalid, the remaining provisions shall remain in effect.
Any visitor wishing to participate in a sale must register on the platform.
By registering, the user acknowledges and expressly accepts the terms of use, thus becoming bound by Kure BV and the sellers of the lots.
A seller may be either a private individual or a professional seller. If the seller is a professional, this will be indicated in the description of the lot.
The user acknowledges that Kure BV acts as a broker/intermediary. It provides the descriptions and photos of the lots provided by the sellers or creates them on behalf of the seller. It may organize viewing days and manages the sale process. Kure BV is not the seller of the lots, unless explicitly stated. A sale is concluded solely between the user and the seller. Additionally, a service contract is established between Kure BV and the user for the auction services.
Article 3: User – Registration
Each user must register on the platform and confirms that the provided information is accurate. Every user must have legal capacity. The user accepts the processing and storage of their personal data by Kure BV in accordance with the privacy policy.
A user can have both a private and/or professional account. Professional accounts may only be used for bids by businesses.
Upon creating an account, the user receives a personal login and chooses a password. The user is responsible for keeping this information secure, not sharing it with third parties, and is liable for any activity performed under their account.
The user agrees to use the platform solely for legitimate purposes in accordance with these terms. It is prohibited to use the platform for any unlawful purposes or activities that violate these terms.
The user may not use the platform in a way that causes or may cause damage, disruption, or overloading of the platform. User behavior must comply with generally accepted standards of decency, and the user may not engage in actions that harm other users. The user may not collect or attempt to collect information from the platform that is not provided for that purpose. Systematic or automated data collection, such as crawling or scraping the platform's content, is strictly prohibited.
The user may not upload files to the platform that contain viruses, corrupted files, or other harmful software or programs that could disrupt or damage the operation of computers.
Kure BV reserves the right to exclude a user from further access to and use of the platform. Although Kure BV is not required to specify the reasons for exclusion, such exclusion may occur for reasons including (but not limited to): financial unreliability (e.g., indications of insolvency or payment delays); violation of laws or platform rules (e.g., placing false bids to artificially inflate lot prices); or failure to comply with agreements (e.g., failure to timely collect purchased goods).
Kure BV may take these measures to ensure the safety, reliability, and fairness of the platform.
Article 4: Information Regarding Lots
Lot descriptions are indicative and based on information provided by the seller. Kure BV may modify these descriptions at any time. Except in cases of intentional error, Kure BV is not liable for inaccuracies. The lots, which may be pre-owned or second-hand, are sold as is. Kure BV does not provide a warranty, and users must contact the seller for any guarantees. Kure BV acts solely as an intermediary unless otherwise stated. Kure BV may organize viewing days for lot inspections, and lots may also be viewed by appointment. The user is responsible for thoroughly inspecting the lot, potentially with an expert, before placing a bid. A bid without prior inspection is binding. The user cannot derive any rights from the online description and accepts the risk of such a bid.
Article 5: The Platform
Kure BV takes appropriate technical and organizational measures to protect its platform from data loss and unauthorized use. Although Kure BV strives to maintain a well-functioning platform, it cannot guarantee that it will always meet users' expectations or function without errors. Kure BV is not liable for damages resulting from malfunctions or errors on the platform. Users may not reproduce or share the platform or parts of it, including via deep links, without prior written permission from Kure BV. Kure BV is also not liable for data loss, file damage, unauthorized access, virus distribution, or other consequences of using the platform. It is prohibited to post or share (hyper)links on the platform without permission, and Kure BV is not liable for any damage caused by clicking such links.
Article 6: Auction Process
After logging in, the user can place a bid on a lot. This can be done through either a single bid or an automatic bid in the designated fields. Upon entering the desired bid, the total price for the user will be displayed below the bid button. This price includes the placed bid plus 12.1% auction fees (10% + 21% VAT).
The user confirms the bid by clicking the bid button. The bid is binding.
A placed bid is irrevocable and unconditional. The user remains bound by their bid until the final allocation and payment of the lot, even if a higher bid is made by another user. The seller reserves the right to sell the lot to another bidder if it is not awarded to the highest bidder.
The amount of the bid is generally freely determined by the user, except for a reserve price and bidding increments. Kure BV and the seller may decide whether or not to apply a reserve price to a lot. The user cannot bid below the reserve price. The increment rule states that each bid must exceed the current highest bid by at least a specified amount, which depends on the existing highest bid made by another user. For bids between €1 and €100, the minimum increment is €10; between €101 and €500, the minimum increment is €20; between €501 and €1,000, the minimum increment is €50; between €1,001 and €2,000, the minimum increment is €100; and for bids above €2,001, the minimum increment is €200.
Each lot has an indicated end date and time for the auction. The user acknowledges that delays may occur between placing a bid and its registration by the system, due to factors such as computer speed, internet connection, server time settings, or other reasons. If a bid is placed at the last moment within the indicated deadline, its registration may occur a few seconds later. The lot is typically awarded to the buyer with the highest registered bid in time (subject to the reserve price and other conditions).
Kure BV reserves the right to suspend, cancel, terminate early, postpone, or extend the auction of any lot at any time, without users being able to claim any remedy. Kure BV is entitled to participate in the auction and bid on lots offered for sale by the seller. Kure BV may also place bids on behalf of potential buyers.
Sellers may set a minimum price for a lot, which is the lowest price they are willing to accept. At the end of the auction, lots are sold to users whose bids are equal to or exceed this minimum price. If the minimum price is not reached during the auction, the seller may still decide to sell the lot to the highest bidder.
The highest bidders will be informed via e-mail after the auction ends.
After the award, the user will receive instructions regarding the settlement process via e-mail. Upon payment, the user will receive an invoice issued in the seller's name, which includes the price of the lot and auction fees. Kure BV reserves the right to process invoicing through third parties.
If the user fails to pay on time, Kure BV may unilaterally cancel the agreement, award the lot to another bidder, or re-auction the lot. The defaulting user must pay a fixed compensation of 25% of the lot's value plus auction fees, with a minimum of €25. Kure BV may also claim compensation for actual damages, such as storage costs or lost revenue.
Users from abroad must pay the full amount, including VAT on the auction fees.
Article 7: Transfer of an awarded Lot
The lots must be collected from the location indicated by the platform or as communicated by Kure BV. Exceptionally, lots may be shipped if agreed upon by the user and seller. Shipping costs are usually settled directly between the user and seller.
Ownership is retained and only transfers after all due amounts have been paid. From the moment of allocation, the risk passes to the buyer. Kure BV and the seller are not liable in case of theft, fire, accident, water damage, or any other damage. Visible defects must be reported at the time of collection; for packaged goods, the deadline is three days after collection.
The user must collect the goods expertly without causing damage and follow the instructions of Kure BV or the seller. If disassembly is required, the user must do this themselves. When collecting from the seller's location, there is only one collection time unless otherwise specified or agreed between seller and buyer.
If the bidder fails to collect the goods or is late, the following applies:
• For goods at Kure BV’s location, a storage fee of €30 (including VAT) per week will be charged. The release of goods may be suspended until full payment of these costs. If the storage fees exceed the paid price, ownership transfers to Kure BV, which reserves the right to auction the goods to cover the costs.
• For goods at the seller's location, Kure BV may terminate the sale agreement on behalf of the seller in case of late collection, with a charge of 25% of the lot's value plus auction fees (minimum €25). The seller may also charge reasonable storage fees.
If third parties or the property owner claim rights to a lot before it is collected by the buyer, Kure BV may cancel the agreement, notify the buyer via e-mail, and refund the amount already paid. The buyer is not entitled to any additional compensation.
Article 8: Right of Withdrawal
Consumers who purchase items via a private account on the platform from a professional seller have the right to withdraw from the purchase within 14 days after collecting the goods. This right of withdrawal does not apply to purchases made with a professional account or from a private seller.
To exercise the right of withdrawal, the user must notify the seller by an unequivocal statement sent via registered mail. If the invoice is issued in the seller’s name and on their behalf, the withdrawal must be communicated directly to the seller. The user may use the following template form for this purpose:
To “the seller mentioned on the invoice”:
I wish to withdraw from the purchase of the following item via the platform www.topoftheart.be:
“Description of the lot and lot number”:
“Date of collection”:
Name:
Address:
Date:
By placing a bid on the platform, the consumer agrees that Kure BV provides its auction services. Therefore, the auction fees cannot be withdrawn. Consumers acknowledge that by the allocation of their bid, they lose their right of withdrawal regarding these fees.
If the lot is collected directly from the seller or shipped by the seller, the item must be returned following the seller's instructions.
Upon withdrawal, the paid amount will be refunded within 14 days after receiving the item in its original condition. The consumer is responsible for any depreciation in value of the item.
Article 9: Intellectual Property Rights
Users acknowledge that they do not acquire any rights to the intellectual property of the platform by using it. They may not infringe on the intellectual property rights of the platform or third parties.
Kure BV reserves the right to take action against violations, such as removing content or terminating accounts. The seller retains the intellectual property rights to their goods but grants Kure BV a free, worldwide license to use these rights, including for promotional purposes. This license remains in effect even after the account is terminated.
Kure BV is not liable for any intellectual property infringements committed by users and is indemnified by users for any resulting damages.
Article 10: Liability
Users acknowledge that technical issues may occur during auctions on the platform. Kure BV excludes liability for damages resulting from the use of the platform, except in cases of intent or gross negligence.
Kure BV is not liable for (non-exhaustively):
• Inability to use the platform
• Malfunctions of the platform
• Unlawful use or errors in the software
• Errors in the information about lots
• Defects in lots or intellectual property infringements
• Third-party errors or omissions
The user acknowledges that the platform provides no guarantee regarding the nature, quality, authenticity, safety, legality, or any other aspect of the auctioned items. All items are sold "as is," with all visible and hidden defects.
The platform is not responsible for the fulfillment of obligations by users and is not a party to agreements between them.
In the event of liability, it is limited to the minimum legally required liability, and in any case, Kure BV’s liability is capped at the amount of the auction fees.
Kure BV is not the seller of the lots unless expressly stated, and cannot be held liable for cases of force majeure, such as theft, fire, or water damage.
Article 11: Final Provisions
In the event of any discrepancy between the different language versions on the platform, the Dutch text shall always prevail, including these terms and conditions.
If any provision of these terms and conditions is found to be invalid, the remaining provisions will continue to be in effect. The invalid provision shall be interpreted, reduced, or adjusted to be valid and as closely aligned as possible with the original intent of the platform and/or user. If a provision is only partially invalid, the remaining portion will remain in force.
Belgian law applies to all disputes arising from these terms and conditions. The courts and tribunals of the judicial district of Brussels have jurisdiction to handle such disputes, without prejudice to Kure BV’s right to refer the matter to another competent court.
Version date: September 30, 2024