General terms and conditions of sale
1 Definitions
Bidder: any natural or legal person who creates an account, uses the platform or enters our online platform without registering.
Bid: the amount of the highest bid for a lot, including VAT and taxes, if applicable, and excluding the buyer’s commission that the user has to pay as a buyer.
VAT: value added tax within the meaning of Directive 2006/112/EG of 28 November 2006 on the common system of value added tax and other taxes of such a nature.
Lot: one or more objects offered for sale by a seller via our online platform. This lot has a number and description, supplemented with photos.
Purchase agreement: the purchase agreement concluded on our online auction platform between the seller and the buyer regarding a specific lot or item.
Purchase price: the amount offered by the buyer for one or more lots, including the buyers' commission and any VAT.
Buyer: the bidder who, after the closing of the auction, has made the highest bid for a lot and as such makes a purchase agreement with a seller via our online auction platform.
Buyers' commission: the percentage of the purchase price communicated on the online auction platform that the buyer owes Oldcam for using their service via the auction platform, including any VAT owed. Buyer’s commission is 9% (excl. 21% VAT) on top of the final bidding price.
Online auction platform: Oldcam's digital buying and selling environment that users can use as a service via the internet.
This platform can be reached via desktop or mobile via www.oldcam.be or www.old-cam.com.
Seller: a user who offers one or more items or lots for sale on the online auction platform.
Seller's commission: the agreed purchase price that the seller owes to Oldcam for using their service via the auction platform, including any VAT owed.
If Oldcam takes the goods into custody and takes care of the complete selling process, the sellers' commission is 15%.
If several pieces of value are offered, this can be reduced to 10% after consultation. If the seller provides a description, photos and all further handling, the seller commission is 10%.
2 Application and possible changes of the terms of use
2.1 The terms of use apply to any use of the service on the online auction platform. By using the service, by visiting the online auction platform and / or by accepting these terms of use when creating a user account or placing a bid. When placing a bid, the general terms and conditions are accepted and this bid cannot be reversed afterwards.
2.2 The Dutch version of these Terms of Use is the original and other versions are only translations. In the event of a conflict between the provisions of different language versions of these terms of use, the Dutch version will always take precedence. The terms and concepts used in these terms of use must be interpreted under Belgian law.
2.3 Oldcam is at all times entitled to change or supplement the conditions of use by publishing these changes on our online auction platform. The most current terms of use can therefore always be found on our online auction platform. If a change or addition significantly affects the rights or obligations of users, Oldcam will immediately notify the users by email or bring it to the attention of the user while using our service on our online auction platform.
2.4 If the user continues our service on the online auction platform after changing or supplementing the terms of use, the user irrevocably accepts our changed or supplemented terms of use. If the user does not agree with our changed or supplemented terms of use, the user must stop using our service on the auction platform and delete his or her account on our platform.
2.5 Oldcam is at all times entitled to verify the identity of the bidders, both through its own registration and through external databases, and Oldcam is at all times entitled to exclude a bidder if there is any doubt about solvency or doubt about something else.
2.6 Unless otherwise stated, the buyer's commission is 8.00% on the winning bid and, if applicable, plus VAT.
2.7 After conclusion of an auction, the bidder with the highest bid made is the buyer. In the event of any disagreement or dispute in this regard, Oldcam has sole decision-making rights and no objection is possible against this decision. Oldcam can impose a minimum bid, split or merge lots or cancel a sale at any time.
2.8 Oldcam can always cancel a sale or extend or shorten the duration of the auction.
2.9 If the buyer of the highest bid fails to pay the invoice within the due period, Oldcam can decide to address the bidder of the second highest bid.
2.10 Each bidder is expected to buy for himself and is jointly and severally liable.
2.11 The user accepts that our service and online auction platform only contain the functionalities and other features as found by the user at the time of use. Oldcam expressly excludes any warranties, express and implied warranties, and indemnifications of any kind.
2.12 After allotment of a bid, the buyer is obliged to pay the total amount, purchase price including buyer’s commission and any VAT, within 2 working days via the online payment link or on account number BE78 3631 9135 6586.
2.13 Oldcam is entitled to auction the lots that have not been paid on time, or to assign them to the second highest bidder. Invoices and delivery notes are only sent after payment of the relevant lots has been received on Oldcam's account, with the correct reference.
2.14 In the event of any technical malfunctions on the website, damage claims can never be recovered from Oldcam. However, it may be decided to auction an auction again or to extend or shorten the duration of the auction.
2.15 The duration of each auction is determined in advance and ends at the stated time (unless otherwise decided by OLDCAM). If a new bid is made during the last 5 minutes before the auction closes, the auction duration of this lot will automatically be extended. In this way, users worldwide will have the opportunity to increase their previously placed bid without any obstructing delays in the system or device they are bidding on.
2.16 All disputes are settled in accordance with Belgian law and the courts of Antwerp have exclusive jurisdiction to hear any disputes.