Terms & Conditions

Terms & Conditions Marshals Car Auctions B.V.

 

General

You are currently reading the Marshals Car Auctions B.V. terms and conditions. These terms and conditions are applicable to all of our agreements, quotations, offers and professional activities, as well as when visiting our website or when registering as a member.

 

Important disclaimer

This version of the Marshals Car Auctions B.V. terms and conditions is merely a translation. The Dutch version is the authentic version, is legally binding and should be referred to if a dispute arises.

 

Chamber of Commerce

These terms and conditions have been filed to the Chamber of Commerce in the Netherlands, with Marshals Car Auctions B.V. being registered under the number 80955452.

 

Contact Details

Amsterdamseweg 10a, 1422 AD Uithoorn


Definitions

In the general terms and conditions, the following is understood by:

Deposit: The deposit/down payment acts as an advance payment on the agreed purchase price as part of the purchase agreement. The deposit/down payment is used as security.

General terms and conditions: These general terms and conditions, which have been filed to the Chamber of Commerce in the Netherlands, with Marshals Car Auctions B.V. being registered under the number 80955452.

VAT: ‘Value added tax’, also known as ‘omzetbelasting’ as determined by the legislator.

Commission: The buyer who makes the winning bid is required to pay Marshals Car Auction B.V. a commission which amounts to 6% of the achieved sales price.

Consumer: The counterparty of Marshals Car Auctions B.V. in these general terms and conditions. This can include the user, member, seller, buyer and bidder.

Invoice: The document stating the consumer’s payment obligation to Marshals Car Auctions B.V.

User: The visitor of the website.

User profile: The profile created by the user at Marshals Car Auctions B.V. and/or on the website.

Purchase agreement: The purchase agreement that is agreed upon by the buyer and the seller. Marshals Car Auctions B.V. is not party to this agreement.

Buyer: The consumer that is registered and has been accepted to bid on an auction lot, or to purchase this lot via the platform of Marshals Car Auction B.V.

Marshals Car Auctions B.V.: The Dutch entity Marshals Car Auctions B.V., located at Amsterdamseweg 10a in Uithoorn. Under Chamber of Commerce number 80955452.

Member: A member of Marshals Car Auctions B.V. that has signed-up for a user profile in order to receive news, commercial offers, notifications and other marketing related affairs.

Minimum sale price: The minimum sale price for the vehicle offered by the seller.

Quotation: The formal offer made by Marshals Car Auction B.V. to the consumer.

Agreement: Any and every agreement agreed upon by Marshals Car Auctions B.V and the counterparty.

Parties: The consumer and Marshals Car Auctions B.V. together.

Personal information: All information about an identified or identifiable natural person. This means that information can either be directly linked to the individual or can be traced back to this individual.

Triple&Crown B.V.: The sister company of Marshals Car Auctions B.V.

Seller: The consumer that is registered and has been accepted to offer an auction lot for sale and/or to sell it through Marshals Car Auctions B.V.

Auction: A sale by auction, the process through which Marshals Car Auctions B.V. offers auction lots for sale.

Auction lot: All lots listed on the site, consisting of: vehicles.

Auction agreement: The agreement agreed upon by Marshals Car Auctions B.V. and the seller.

Vehicle: A passenger car, whereby the total weight, including the payload, does not exceed 3500kg. Also referred to as “car” or “auction lot”.

Website: The internet domain of Marshals Car Auctions B.V. (https://www.marshalscarauctions.com/). Also referred to as a “platform”.

Winning bid: The winning bid is the highest bid that has been submitted in accordance with the rules, before the bidding time has come to an end and is either equal to or higher than the minimum selling price. The seller is free to accept a bid below the minimum selling price after the bidding has ended, whereby this bid would become the winning bid.


General Terms & Conditions

Article 1 – Applicability of these general terms and conditions

  1. These terms and conditions are applicable to all of our agreements, quotations, offers and professional activities pertaining to Marshals Car Auctions B.V. As well as when visiting the Marshals Car Auctions B.V. website or when registering as a member of Marshals Car Auctions B.V.
  2. By using our website and/or auction platform, you agree to the terms and conditions and the privacy statement contained therein.
  3. Deviations, including additions or extensions to these general terms and conditions, are only valid if they have been agreed to in writing by both parties.
  4. We advise everyone who uses the website to read the terms and conditions in advance.
  5. These general terms and conditions may be altered from time to time. We therefore recommend that you read them regularly. The terms and conditions that can be found on the website are to be regarded as the most up-to-date version.
  6. In the case of the consumer referring to his/her own general terms and conditions, the consumer’s terms and conditions do not apply.
  7. These general terms and conditions replace all comparable agreements previously made between the consumer and Marshals Car Auction B.V.
  8. In addition to these general terms and conditions, additional terms and conditions offered by Marshals Car Auctions B.V. may apply.
  9. When provisions are found to be partially invalid, the remaining provisions will remain valid and enforceable.

Article 2 – Agreements, general

  1. The agreement is always recorded in writing or digitally. The seller is to provide a copy of the written agreement to the buyer. However, the absence of a written or digital agreement does not cause this agreement to be null and void.
  2. Any additional agreements and/or commitments bind Marshals Car Auctions B.V. only when these have been recorded in writing by persons authorized to represent Marshals Car Auctions B.V.

Article 3 – Quotations, general

  1. The quotation offered by Marshals Car Auctions B.V. can be issued orally, in writing or digitally. This quotation is valid for the specified time period, or if no specified time period has been agreed upon, it will be valid for a period of 2 days (48 hours). The acceptance of the offer by the consumer is only valid if it takes place within the specified time period.
  2. In the case of the consumer’s acceptance offer being submitted digitally, it will only be valid if it has been confirmed by the seller.

Article 4 – Rates, general

  1. The rates issued by Marshals Car Auctions B.V. for the use of its services are issued in Euros.
  2. The rates issued by Marshals Car Auctions B.V. for the use of its services include a 21% sales tax, known as ‘omzetbelasting’, unless otherwise stated on the website.
  3. Any additional costs, such as travel costs, transport costs and administration costs, are to be agreed upon separately.
  4. The prices issued by Marshals Car Auctions B.V. are subject to change at any time.
  5. Prices issued by Marshals Car Auctions B.V. are subject to spelling or typing errors at all times.

Article 5 – Payments, general

  1. The payment of a debt is always to be made in cash or through a transfer of funds to the account of Marshals Car Auctions B.V., unless explicitly agreed otherwise by all parties.
  2. Marshals Car Auctions B.V. reserves the right to charge costs in advance.
  3. In the case of the parties not having explicitly agreed to a moment of payment, a payment term of 8 days will come into effect.
  4. The consumer is obliged to pay statutory interest from two weeks after the consumer has been reminded in writing to pay by Marshals Car Auctions B.V. A part of the month is, in this instance, regarded as an entire month.
  5. In addition, Marshals Car Auctions B.V. is entitled to increase the amount due by the legal collection costs. These collection costs include both judicial and extrajudicial costs. Extrajudicial costs are all costs that are charged to Marshals Car Auctions B.V. by lawyers, attorneys, bailiffs and anyone else used for the collection of the amount owed. The extrajudicial costs are set at 15% of the amount owed, unless the consumer can demonstrate that the damages inflicted upon Marshals Car Auctions B.V. amount to less than 15% of the amount owed.
  6. In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the consumer, the claims against the consumer and immediately due and payable.

Use of the website

Article 6 – Use of the website

  1. We cannot guarantee that our services will always meet the expectations of the user. Nor can we guarantee the flawless functioning of our website and/or that continuous and/or safe access to the website or parts thereof can be obtained.
  2. Marshals Car Auctions B.V., to the extent permitted by law, is not liable for any damage suffered by the user of the website, the buyer or the seller.
  3. Information published on the Marshals Car Auctions B.V. website is always subject to spelling or typing errors.
  4. The user is solely responsible for the confidentiality of the user profile, the username and the password. Is case of suspicion of theft, fraud or unlawful use of the user profile or the user’s identity, the user is obliged to report this to Marshals Car Auctions B.V.
  5. If the user encounters errors, fraud or other irregularities, the user is requested to report this to Marshals Car Auctions B.V.

Article 7 – Use of the website and personal information

  1. The website and all of its content may never be copied, reproduced, used elsewhere or made public, unless given explicit written permission to do so by Marshals Car Auctions B.V. or one of its legal representatives.
  2. The website and all of its content may never be changed by the user, unless given explicit permission to do so by Marshals Car Auctions B.V. or one of its legal representatives.
  3. This article applies to the website as a whole, as well as parts of it.
  4. The personal information shown on the website, or in any other way by Marshals Car Auctions B.V., should never be copied, used or collected, unless given explicit written permission to do so by Marshals Car Auctions B.V. or one of its legal representatives.
  5. The personal information shown on the website, or in any other way by Marshals Car Auctions B.V., may never be used to approach people and/or to offer advertisements, products or services, unless given explicit written permission to do so by Marshals Car Auctions B.V. or one of its legal representatives.
  6. The Marshals Car Auctions B.V. database on which all of the auction lots are stored, is protected by the Databankenwet (Database Act). It is not permitted to request or to reuse these in accordance with the Databankenwet (Database Act), unless given explicit written permission to do so by Marshals Car Auctions B.V. or one of its legal representatives.
  7. The user is prohibited from sharing hyperlinks to our auction lots on other websites, social media platforms or other places, unless given explicit written permission to do so by Marshals Car Auctions B.V. or one of its legal representatives.
  8. The Marshals Car Auctions B.V. website contains references to (websites of) third parties. Marshals Car Auctions B.V. has no influence or control over these parties and/or information displayed by them.

Article 8 – Use of the website and membership

  1. Users can register as a member. When doing so, the user becomes a member of Marshals Car Auctions B.V.
  2. Members hereby agree that their personal information will be used for sending news, commercial offers, notifications about, among other things, the auction and/or auction lot and all other forms of marketing-related affairs.
  3. Members are free to unsubscribe at any time, which can be done via the website.

Article 9 – Intellectual property

  1. When uploading images, videos, texts and all other forms of information and documents to the platform of Marshals Car Auctions B.V., the user declares that he is the copyright holder thereof. This applies to all other forms of intellectual property.
  2. When uploading images, videos, texts and all other forms of information and documents to the platform of Marshals Car Auctions B.V., the user declares that Marshals Car Auctions B.V. is permitted to use it for its website, social media platforms, advertisements and other related purposes such as forwarding it to third parties. This is an irrevocable free license.
  3. Responsibility for copyright infringement of a third party is borne by the user, as well as the resulting costs for legal assistance.
  4. The remaining images, videos, texts and all other forms of information and documents that can be found on the platform are the property of Marshals Car Auctions B.V. or its licensors. Copying, distributing, editing and all other forms of disclosure of this content is prohibited, unless prior explicit written permission by Marshals Car Auctions B.V. or one of its legal representatives has granted this.

Article 10 – Consequences of misuse of the website

  1. In case of misuse of the website, Marshals Car Auctions B.V. will take necessary measures at its own discretion.
  2. Measures may include shutting down the user’s profile, removing the auction lot, exclusion or restricted use of the website and/or any other appropriate measure(s). Marshals Car Auctions B.V. is never liable to the user.
  3. In case of serious abuse, Marshals Car Auctions B.V. will report this to the appropriate authorities. Marshals Car Auctions B.V. is entitled to share the personal information of every involved individual with the appropriate authorities.
  4. With reference to the above-mentioned measures, Marshals Car Auctions B.V. has the right not to refund fees paid to Marshals Car Auctions B.V. This will be done on a case-by-case basis at the discretion of Marshals Car Auctions B.V.
  5. Any potential damage or loss suffered by Marshals Car Auctions B.V. will be recovered from the user.

Auction lots and procedural information

Article 11 – Auction lots and procedural information

  1. The auction lots are offered on the Marshals Car Auctions B.V. platform. The content of the auction lots is not the responsibility of Marshals Car Auctions B.V. Marshals Car Auctions B.V. excludes itself from any and all responsibility with regard to the content of the auction lots.
  2. The platform offered by Marshals Car Auctions B.V. facilitates the auction, but Marshals Car Auctions B.V. is not party to the purchase agreement. The purchase agreement is an agreement between the seller and the buyer.
  3. Marshals Car Auctions B.V. offers a model agreement. The buyer and the seller may use this model agreement as they see fit.
  4. Marshals Car Auctions B.V. does not give any guarantee on offered auction lots and bears no responsibility for this whatsoever. The offered auction lots are not the property of Marshals Car Auctions B.V. but are owned by the selling party. Marshals Car Auctions B.V. is never responsible for obligations arising from the purchase agreement.
  5. Disputes regarding agreements between the seller and the buyer are not the responsibility of Marshals Car Auctions B.V. Marshals Car Auctions B.V. is entitled to mediate in potential disputes but is not obliged to do so.
  6. The timeframe in which one can bid on an auction lot is in principle 10 days, unless this is stated otherwise. The auction lot will be announced prior to this.
  7. The auction will close after the allocated time has passed.
  8. The seller is entitled to set a minimum selling price. This minimum selling price may be altered in the meantime by Marshals Car Auctions B.V. and is not visible to other users.
  9. The winning bid is the highest bid that has been submitted in accordance with the rules, before the bidding time has come to an end and is either equal to or higher than the minimum selling price. The seller is free to accept a bid below the minimum selling price after the bidding has ended, whereby this bid would become the winning bid.

Section for sellers

Article 12 – Presenting the vehicle at the auction

  1. The seller will register via the platform on the website, after which the seller will create a user profile. Hereafter, Marshals Car Auctions B.V. will directly contact the seller.
  2. Marshals Car Auctions B.V. reserves the right to inspect the offered vehicle, by means of online research, the asking of various questions or any other method deemed appropriate.
  3. Marshals Car Auctions B.V. will disclose the information on the platform at their own discretion, including information pertaining to the actual condition of the vehicle.
  4. Admission to the auction is at the discretion of Marshals Car Auctions B.V.
  5. After being admitted to the auction, the seller enters into an auction agreement with Marshals Car Auctions B.V. Hereafter, the auction lot will be created, and the process will commence.
  6. The auction agreement is always recorded in writing or digitally. The seller is to provide a copy of the written agreement to the buyer. However, the absence of a written or digital agreement does not cause this agreement to be null and void.

Article 13 – Warranties of the seller

  1. By offering to sell the vehicle online via the Marshals Car Auctions B.V. website, the seller declares to have full legal ownership and power of disposal over the vehicle. Additionally, that the vehicle is registered to his/her name and that he/she is in possession of the documents needed to transfer ownership of the vehicle to the buyer.
  2. The seller hereby guarantees the validity and truthfulness of the information he/she provides.
  3. The seller hereby agrees to the working methods of Marshals Car Auctions B.V. and is aware of the rights and obligations that arise from the concluded agreement.

Article 14 – The seller’s obligations after registration

  1. After registration, it is no longer possible for the seller to call off the auction.
  2. The seller is obliged to sell the vehicle to the buyer with the winning bid, which is the bid either equal to, or higher than the minimum selling price set by the seller.
  3. If the seller decides to withdraw the auction lot within the timeframe of ten days, he/she will be obliged to pay a penalty of €500, – (five hundred Euro) to Marshals Car Auctions B.V. This penalty serves as compensation for the costs incurred by Marshals Car Auctions B.V.
  4. The seller is prohibited from putting the vehicle up for sale elsewhere.
  5. The photography of the vehicle is the sole responsibility of the seller.
  6. Marshals Car Auctions B.V. offers an additional photography service for a fee. These costs will be charged separately to the seller. The seller will receive an invoice for these additional costs.
  7. After having photographed the vehicle, the seller agrees not to drive more than 1000km’s with the vehicle.
  8. After having sold the vehicle, the seller is to ensure that a live viewing, inspection and examination of the vehicle can be performed by the buyer. In addition to this, the seller is to make the vehicle available to be tested and approved by a third-party.

Article 15 – Bidding on your own vehicle

  1. The seller is prohibited from bidding on his/her own vehicle, nor may the seller have a third-party drive up the price of his/her own vehicle on his/her behalf.
  2. If this prohibited activity is suspected, Marshals Car Auctions B.V. is entitled to discontinue the auction and notify the participating bidders of this suspected prohibited activity.
  3. If Marshals Car Auctions B.V. establishes that the buyer has driven up the price of his/her own vehicle, either by doing so himself/herself or by instructing a third party to do so on his/her behalf, a fine of €500, – (five hundred Euro), as well as any other resulting costs, are to be payed to Marshals Car Auctions B.V.

Article 16 – The implementation of the auction agreement by Marshals Car Auctions B.V.

  1. The auction agreement between the seller and Marshals Car Auctions B.V. concerns a service agreement. This agreement merely contains a best-efforts obligation, but no obligations of result.
  2. Marshals Car Auctions B.V. will, at all times, execute the auction agreement to the best of its knowledge and ability and in accordance with the obligations of good workmanship.
  3. Marshals Car Auctions B.V. always has the right to have the auction agreement fully or partiality executed by third parties. When sharing rights and obligations, Marshals Car Auctions B.V. reserves the right to share personal information.
  4. It is the partial responsibility of the seller to ensure that Marshals Car Auctions B.V. can start with the implementation of the auction agreement in good time. If the seller has not ensured that Marshals Car Auctions B.V. has the ability to sufficiently execute the auction agreement in time, the arising costs therefrom may be passed on to the seller and obligations by Marshals Car Auctions B.V. may be (temporarily) suspended.
  5. The purchase agreement that is concluded when an auction lot is sold, is a separate agreement whereby the seller and the buyer are party to the agreement. Marshals Car Auctions B.V. is not party to this agreement and excludes itself from all liability to the extent made possible by law.

Article 17 – The sale and payment

  1. The seller concludes a purchase agreement with the buyer. Marshals Car Auctions B.V acts as an intermediary and brings the seller and buyer into contact with one another.
  2. The buyer is to transfer the sales price and the commission to Marshals Car Auctions B.V. After the deduction of the commission, as well as any other possible costs, Marshals Car Auctions B.V. will transfer the purchase price to the seller.
  3. The commission is charged to the buyer. In principle, the seller does not pay Marshals Car Auctions B.V. any compensation or commission.
  4. From the moment the buyer has been informed of a winning bid, a payment term of a maximum of five days (120 hours) comes into effect.
  5. In the event of any conflict between the buyer and the seller, Marshals Car Auctions B.V. reserves the right to assist in the mediation process but is never obliged to do so.

Article 18 – The delivery of the vehicle

  1. The location at which the vehicle will be delivered is in principle, the seller’s place of residence. The buyer is responsible for the collection of the vehicle.
  2. Marshals Car Auctions B.V. offers a transport service for an additional fee. The price of this additional fee depends on the particular situation and will be communicated in advance by means of a quotation issued by Marshals Car Auctions B.V.
  3. Changing the name to which the vehicle is registered is to be done at the buyer’s expense. Marshals Car Auctions B.V. is able to register the vehicle to the buyer’s name for an additional fee of €12, – (twelve Euro).
  4. The period in which the buyer is to collect the vehicle from the seller is a maximum of 7 days (168 hours).

Article 19 – The minimum selling price is not met

  1. In the event of there being no winning bid, a bid either equal to or higher than the minimum selling price, the seller reserves the right not to sell his/her vehicle. In this case, the seller does not owe Marshals Car Auctions B.V. anything, other than the optional additional costs.
  2. In this case, the seller is free to use the services offered by Triple&Crown B.V. The terms and conditions stipulated by Triple&Crown B.V. are then applicable.

Section for buyers

Article 20 – The auction lot

  1. The auction lot consists of information, including images, video footage and texts, which is to be made available by the seller. The seller is responsible for providing this information.
  2. The offered vehicle is the property of the seller. Marshals Car Auctions B.V. bears no responsibility with regard to the vehicle in any which way. The buyer enters into an agreement with the seller.
  3. The information provided, and the truthfulness and accuracy of it, is the responsibility of the seller. Marshals Car Auctions B.V. excludes itself from all responsibility regarding this information. Marshals Car Auctions B.V. is there solely to facilitate the auction.

Article 21 – Bidding on an auction lot, and the resulting obligations

  1. In order to be able to bid on a vehicle, the buyer must create a user profile on the website. The buyer guarantees that the information provided for the user profile is true and correct.
  2. Bids are unconditionally binding and irrevocable.
  3. The unconditionality and irrevocability of the bids applies to any form of bid. The includes, among others, bids that have been made on behalf of a third party and/or automated bids.
  4. Marshals Car Auctions B.V. will always assume that the owner of the profile is the actual buyer.
  5. Marshals Car Auctions B.V. is available during the designated office hours for any questions or queries. Obtaining additional information is the responsibility of the buyer. When placing a bid, the buyer declares to have been duly informed and disposes of the relevant information.
  6. When the buyer has made the winning bid, the buyer is obliged to purchase the vehicle for the amount offered.

Article 22 – The commission

  1. The buyer who submits the winning bid is required to pay a commission to Marshals Car Auctions B.V. This commission amounts to 6% of the achieved sale price. The commission is calculated based on the full sale price and is then added to the sale price.
  2. The sales price used when calculating the commission is equal to the amount of the winning bid. Later agreements made between the seller and the buyer do not affect this amount.
  3. The buyer will receive an invoice for the commission from Marshals Car Auctions B.V

Article 23 – Bidding on your own vehicle

  1. The seller is prohibited from bidding on his/her own vehicle, nor may the seller have a third-party drive up the price of his/her own vehicle on his/her behalf.
  2. If this prohibited activity is suspected, Marshals Car Auctions B.V. is entitled to discontinue the auction and notify the participating bidders of this suspected prohibited activity.
  3. If Marshals Car Auctions B.V. establishes that the buyer has driven up the price of his/her own vehicle, either by doing so himself/herself or by instructing a third party to do so on his/her behalf, a fine of €500, – (five hundred Euro), as well as any other resulting costs, are to be payed to Marshals Car Auctions B.V.

Article 24 – The purchase and payment

  1. The buyer concludes a purchase agreement with the seller. Marshals Car Auctions B.V. acts as an intermediary and brings the seller and the buyer into contact with one another.
  2. The buyer is to transfer the sales price and the commission to Marshals Car Auctions B.V. After the deduction of the commission, as well as any other possible costs, Marshals Car Auctions B.V. will transfer the purchase price to the seller.
  3. The buyer is obliged to pay a commission to Marshals Car Auctions B.V. The commission will amount to 6% of the total selling price.
  4. From the moment the buyer has been informed of a winning bid, a payment term of a maximum of five days (120 hours) comes into effect.
  5. In the event of any form of conflict between the buyer and the seller, the buyer is still obliged to pay the commission and any other possible additional fees to Marshals Car Auctions B.V. Marshals Car Auctions B.V. reserves the right to assist in the mediation process but is never obliged to do so.
  6. If a purchase agreement is concluded without the prior knowledge of, or without consultation with Marshals Car Auctions B.V., the commission and any other possible additional fees are still to be payed to Marshals Car Auctions B.V. A minimum price of €5.000, – (five thousand Euro) applies, unless the consumer/buyer can prove that the actual commission would amount to a lower sum.

Article 25 – The delivery of the vehicle

  1. The location at which the vehicle will be delivered is in principle, the seller’s place of residence. The buyer is responsible for the collection of the vehicle.
  2. Marshals Car Auctions B.V. offers a transport service for an additional fee. The price of this additional fee depends on the particular situation and will be communicated in advance by means of a quotation issued by Marshals Car Auctions B.V.
  3. Changing the name to which the vehicle is registered is to be done at the buyer’s expense. Marshals Car Auctions B.V. is able to register the vehicle to the buyer’s name for an additional fee of €12, – (twelve Euro).
  4. The period in which the buyer is to collect the vehicle from the seller is a maximum of 7 days (168 hours).

Additional provisions

Article 26 – Personal information and privacy

  1. Insofar as in the context of the execution of the agreement, visiting the website, or any other service offered by Marshals Car Auctions B.V. whereby personal information is processed, Marshals Car Auctions B.V. will do so in a proper, careful and secure manner. This processing of personal information will be done in accordance with the General Data Protection Regulation (GDPR).
  2. Marshals Car Auctions B.V. is able to execute the agreement and fulfil its obligations based on the personal information processed by Marshals Car Auctions B.V. In addition to this, Marshals Car Auctions B.V. reserves the right to use this data to provide an optimally functioning service, provide customers with up-to-date information in a timely manner and make personalized offers or apply direct marketing activities. Personal information may also be made available to third parties, including garages or suppliers.
  3. Technological and organizational measures will be taken to protect the personal information against loss or any other form of unlawful processing. Marshals Car Auctions B.V. will take into account the level of technological sophistication and the nature of data processing, as well as legislation relating to this matter.

Article 27 – Force majeure

  1. If, due to force majeure, Marshals Car Auctions B.V. is unable to fulfil its obligations, those obligations will be suspended for the duration of the force majeure situation. If this force majeure situation has lasted for a period of 14 days, the parties have the right to dissolve the agreement. Either the entire agreement, or parts of it may be dissolved. The dissolution of the agreement, or a part of it, is to be done by means of a written statement. There is no right to compensation in this situation.
  2. Force majeure is understood as any circumstance independent of the will of Marshals Car Auctions B.V., so that the compliance with her obligations cannot be reasonably required or expected. This applies irrespectively of whether that circumstance was foreseeable at the time of the conclusion of the agreement. Such circumstances include strikes, exclusions, stagnations or other problems at Marshals Car Auctions B.V., problems of a technical nature, measures taken by public authorities, and the absence of any official authorization.

Article 28 – Complaints

  1. In case of a complaint, the consumer is to contact Marshals Car Auctions B.V.
  2. Complaints will be assessed and, if needed, acted upon within a reasonable period of time.
  3. Marshals Car Auctions B.V. will contact the consumer at its own discretion in order to discuss the appropriate solution to the complaint.

Article 29 – Governing Law and Dispute Resolution

  1. Only Dutch law applies to any and all actions and offers made by Marshals Car Auctions B.V.
  2. The applicability of the United Nations Convention on contracts for the International sale of goods to agreements made by Marshals Car Auctions B.V. is explicitly excluded.
  3. All disputes, regardless of their nature, are therefore to be settled by a competent court in the Netherlands, unless the law explicitly designates another court or disputes committee as competent.
Find us on Instagram and Facebook Instagram Facebook