GENERAL TERMS AND CONDITIONS FOR ONLINE AUCTIONS OF IUPPITER B.V.

Identity of the seller

Article 1: Definitions

Terms and Conditions: These General Terms and Conditions.

Iuppiter B.V.: A private company with limited liability under Dutch law, with its registered office in Rotterdam, The Netherlands, registered with the Trade Register under Chamber of Commerce number 65522133. Trades under the name of Auction-it.

Bidder: The person who places a Bid via the internet on the online auction website of Iuppiter B.V.

Bid: A statement made by a Bidder during an Online Auction indicating their willingness to purchase a Lot, specifying the price they are prepared to pay.

Consumer: A Bidder or Buyer who is a natural person and not exercising a profession or operating a business.

Hammer Price: The highest Bid made by a Bidder during the Online Auction.

Right of Withdrawal: The right of a Buyer who is also a Consumer to cancel the Purchase within a fourteen-day cooling-off period, starting from the day of delivery or collection of the Lot.

Purchase Price: The Hammer Price plus Costs (for transport/shipping and applicable VAT).

Purchase Agreement: Agreement between Iuppiter B.V. and Buyer for the sale/purchase of a Lot, that is awarded to Buyer, after bidding the highest Bid.

Buyer: The Bidder whose highest Bid has been accepted by Iuppiter B.V.

Costs: The Costs payable by the Buyer to Iuppiter B.V. for transport/shipping and applicable VAT.

Commercial Guarantee: Guarantee issued by Iuppiter B.V. for a specific Lot in addition to Iuppiter's legal obligation relating to the guarantee of conformity.

Online Auction: An automated Auction organized by Iuppiter B.V., conducted via the online auction website www.auction-it.com of Iuppiter B.V., which does not qualify as a Public Auction.

Withdrawal: The decision by Iuppiter B.V. not to sell a Lot, even if Bids have been placed, for example, because Iuppiter B.V. suspects misuse or a technical problem or if sanction regulations are in place.

Lot/Lots: An item or a collection of items offered for sale at the Online Auction, also referred to as a "Lot."

Article 2: Applicability of Terms and Conditions

1. The provisions set out in the Terms and Conditions apply to all legal acts performed by Iuppiter B.V. and to all legal relationships between the Iuppiter B.V. and the Bidder and/or the Buyer. This includes, but is not limited to, the bidding process, the sale, storage and safekeeping.
2. Any general terms and conditions used by other parties involved, such as Bidder and/or Buyer, do not apply to legal acts performed by or legal relationships with Iuppiter B.V. This is unless (and only in relation to the specific legal relationship concerned) the applicability of such terms and conditions has been expressly accepted by Iuppiter B.V. in writing.
3. The applicability of these Terms and Conditions is made known by Iuppiter B.V. through publication on its website: www.auction-it.com and will be sent as a PDF-document to Bidders who create an account. Furthermore, these Terms and Conditions will be provided or sent upon first request to anyone requesting a copy.

   By participating in an Online Auction in any form or capacity, these Terms and Conditions are deemed to have been accepted.

Create an account

Article 3: Identification of the Bidder

1. As a condition for participation in an Online Auction Bidder has to create a personal account while providing the data that Iuppiter B.V. is demanding in order to meet the legal requirements for identification. This account cannot be anonymous.
2. Bidder authorises Iuppiter B.V. to process the necessary personal data in its administration and also under the Wwft, The Dutch Money Laundering and Terrorist Financing (Prevention) Act. Iuppiter B.V. will erase and destruct all personal data of Bidder as soon as the legal retention period is due.
3. Bidder can log into the created account with a username and password provided by Iuppiter B.V. or entered into the system by Bidder. It is prohibited for the Bidder to transfer its account or to make it available to any third party, for any reason, enabling them to use the account to access the Online Auction and place a bid. If a third party, for any reason, places a bid using the Bidder's account, the Bid will not be accepted, and Bidder is liable for all consequences.
4. Bidder will not perform any action that unreasonably burdens or damages the infrastructure of the Online Auction.
5. Iuppiter has the right to withdraw Bidder's account at any time, certainly, but not solely in case of legal incompetence or (suspicion of) fraud, in case of (repeated) non-payment or default, when sanction regulations apply or when Bidder exhibits undesirable behavior.
6. By placing a Bid, Bidder accepts the applicability of these Terms and Conditions to the bidding procedure and the Purchase Agreement that may follow, as a condition for participation in an Online Auction.
7. A Bidder must not be legally incompetent or under eighteen (18) years of age. Every Bidder is deemed to bid at their own risk and account, and to conclude a purchase at their own risk and account.
8. Upon first request of Iuppiter B.V. Bidder is obliged to provide such identification as Iuppiter B.V. may require to comply with its obligations under the Wwft, The Dutch Money Laundering and Terrorist Financing (Prevention) Act, which may include conducting a client investigation.
9. Bidders who live in a country that is subject to national or international sanction regulations, such as Russia, Belarus, Iran or North-Korea, will not be allowed to create an account.

Bidding Procedure

Article 4: Bidding Procedure

1. The Online Auction shall take place via www.auction-it.com. Iuppiter B.V. will announce which Lots are up for sale by auction on this website.
2. All lots will be represented visually by professional photographs, a technical description/specifications and where appropriate, known malfunctions or defects. If Iuppiter B.V. reports on the condition and/or characteristics of a Lot, Iuppiter B.V. will do so to the best of their ability, knowledge and conscience. Obvious mistakes or errors in the report and/or images do not bind Iuppiter B.V., Bidder or Buyer. Iuppiter B.V. is not responsible for any colour discrepancies in images.
3. Iuppiter B.V. will provide an adequate description of a Lot, including, but not limited to, its condition and main characteristics. Iuppiter B.V. is always entitled to withdraw or amend any previously made description, report, and/or image. When Iuppiter B.V. amends the condition or features of a Lot, Iuppiter B.V. will withdraw this Lot and can at its discretion reintroduce the modified Lot in the Online Auction.
4. Bidder cannot rely solely on photographs and/or illustrations/other images of a Lot. If certain defects or imperfections of a Lot are mentioned, this is no more than an indication and is not intended to be exhaustive, and Bidder cannot derive rights from it.
5. A lot can exist of multiple goods to the discretion of Iuppiter B.V. Bidder can only place a Bid on all goods that are part of a Lot.
6. Bidding takes place through an ascending price format, and all bids are made in Euro's. A Bid is legally binding and remains in effect until the Online Auction ends or a higher Bid is placed by another Bidder.
7. Once a Bid is entered a Bidder cannot retract its Bid.

Monitoring transactions

Article 5: Monitoring Transactions

1. Iuppiter B.V. shall take technical and organizational measures to secure the electronic transfer of data for the Online Auction and ensure a secure web environment, also for electronic payments. The provision in the previous sentence constitutes an obligation of effort on the part of Iuppiter B.V. and does not make it liable in the event of disruptions, except in cases of intent and/or gross negligence of Iuppiter B.V.
2. Iuppiter B.V. is at all times, and without Bidder and/or Buyer having any claim to it, entitled to the following:
   1. To refuse a Bid or a Bidder without providing a reason;
   2. To decline a sale or suspend a sale because of suspected misuse or a technical problem or if sanction regulations are in place (Withdrawal by Iuppiter B.V.);
   3. To combine or split Lots, meaning Lots that were initially offered separately can be combined and auctioned as a single lot, after which the sale is concluded for the highest total amount;
   4. To cancel a sale or re-auction a Lot in the event of non-payment or a dispute arising over a Lot during or shortly after the Online Auction;
   5. To correct an error made during the Online Auction, and if necessary, to cancel a sale based on an erroneous bid and/or allocation without allowing the Bidder to rely on the sale that has been concluded due to the mistake;
   6. To demand immediate full or partial payment from the Buyer after the award of the Lot, and in case of refusal or inability to pay, to cancel the sale and re-auction the Lot, where the bid from the negligent Bidder will not be accepted;
   7. to exclude a Buyer and/or Bidder from ongoing and/or future Online Auctions and cancel its account without giving a reason.

Respecting Sanction Regulations

Article 6: Export control

1. Buyer warrants that he is not located in, under control of, or a national or resident of any country to which export of the Products, Accessories and/or Services is prohibited by any Export Law.
2. Buyer agrees to comply with all Export Laws and agrees (i) not to export any Products and/or Accessories to any country in contravention of any Export Law, and (ii) not to export any Products and/or Accessories to any country for which an export license or other governmental approval is required, without first obtaining all necessary licenses or other approvals.
3. For Buyers operating from non-EU or non-EU partner states the following shall apply:

   3.1 Buyer undertakes not to sell, export or re-export, directly or indirectly, to the Russian Federation and/or Belarus or for use in the Russian Federation or Belarus, any goods supplied under or in connection with this Agreement that fall under the scope of Article 12g of Council Regulation (EU) No 833/2014.

   3.2. Buyer will make every effort to ensure that the purpose of paragraph 1 of this article is not frustrated by third parties further down the commercial chain, including adequately monitoring possible resellers.

   3.3. Any violation of paragraphs 1 and 2 of this article shall constitute a fundamental breach of contract and Iuppiter B.V. shall be entitled to seek appropriate remedies, including but not limited to:

   • Dissolution of the Purchase Agreement and undoing the obligations fulfilled, and/or
   • Cancelling Buyer's account for the Online Auction, and/or
   • Demanding a penalty of 50% of the total value of the Purchase Agreement or the total sum of the goods exported, whichever is higher.

   3.4. Buyer will immediately inform Iuppiter B.V. about any problems in applying paragraphs 1 and 2 of this article and will transmit all information on activities by third parties that could frustrate the purpose of paragraph 1 of this article.

   3.5. At the request of Iuppiter B.V. Buyer will immediately send all information on compliance with the obligations under paragraphs 1 and 2 of this article.

Article 7: Military use prohibition

1. Military use of all or any of the Lots offered for sale at the Online Auction by Iuppiter B.V. is prohibited.

Article 8: Information from Buyer

1. At the request of Iuppiter B.V. Buyer will immediately provide all necessary and true information, such as certificates and extracts, on its identity, corporate structure and ultimate beneficial owner (UBO) to enable Iuppiter B.V. to comply with all applicable national and international laws and regulations.
2. Buyer will provide Iuppiter B.V. at its request with all information necessary on the destination and intended use of the Products, Accessories and/or Services ordered.
3. Buyer will provide Iuppiter B.V. at its request immediately with information of the whereabouts of delivered Products, Accessories and/or Services.
4. Non-fulfillment of the obligation under paragraph 1, 2 and/or 3 of this article shall constitute a fundamental breach of contract and Iuppiter B.V. shall be entitled to seek appropriate remedies, including but not limited to:
   • Dissolution of the Purchase Agreement and undoing the obligations fulfilled, and/or
   • Cancelling Buyer's account for the Online Auction, and/or
   • Demanding a penalty of 50% of the total value of the Purchase Agreement or the total sum of the goods exported, whichever is higher.

Article 9: End User Statement

1. At the request of Iuppiter B.V. Buyer will issue an End User Statement in conformity with the EU-model provided for by Iuppiter B.V.
2. Non-fulfillment of the obligation under paragraph 1 of this article shall constitute a fundamental breach of contract and Iuppiter B.V. shall be entitled to seek appropriate remedies, including but not limited to:
   • Dissolution of the Purchase Agreement and undoing the obligations fulfilled, and/or
   • Cancelling Buyer's account for the Online Auction, and/or
   • Demanding a penalty of 50% of the total value of the Purchase Agreement or the total sum of the goods exported, whichever is higher.

Contract of sale/obligations buyer

Article 10: Purchase agreement

1. Iuppiter B.V. awards the Lot to the highest Bidder, who thereby becomes the Buyer, and the sale is concluded with that Buyer. As soon as the Lot is awarded, Iuppiter B.V. and Buyer enter into a Purchase Agreement. The Lot is placed in the shopping cart that is part of Buyer's account, showing the amount due for the Purchase. The shopping cart shall list the Purchase Price owed by the Buyer for the Lot(s), any Costs incurred, as well as any applicable VAT due on these amounts.
2. If any bid comes in with less than one minute until the Lot's closing time, the Lot's closing time will be automatically extended by one minute and the bidding process continues. The auction time will be extended by one minute for as long as the Bidding continues until no new bids are placed during the final countdown period.
3. After the sale of the Lot has been concluded, Buyer is required to settle the outstanding amount in the shopping cart no later than seven (7) days after the Lot has been awarded to Buyer. Ownership of the Lot does not transfer until full payment of the purchase price is made and, in case of late payment, any additional costs have been paid.
4. When Iuppiter B.V. has received payment, it will send an invoice to Buyer listing the Purchase Price of the Lot(s), any Costs incurred, as well as any applicable VAT.

Article 11: Collection of the Lot

1. Buyer can choose to collect the Lot at the address of Iuppiter B.V. In that case the costs of collecting the Lot will be borne by Buyer.
2. Buyer is obliged to collect the Lot immediately after the amount owed for the Lot has been paid, no later than seven (7) days after the Lot has been awarded to Buyer. If Buyer does not comply with this obligation he is in default without the need for prior notice or formal notice and Iuppiter B.V. will store the Lot at the Buyer's expense and risk or may hand it over to a third party for storage, with transportation costs and transport risks also being borne by the Buyer.
3. Iuppiter B.V. is entitled to charge Buyer storage fees of €5 per lot per day for any Lot that is not collected within the collection period as described in Article 11.2.
4. Buyer cannot offset any amounts owed to Iuppiter B.V. against any claims they may have against Iuppiter B.V. Buyer also cannot transfer the rights and obligations from the purchase, including those arising under these General Terms and Conditions, to any third party.

Article 12: Delivery of the Lot

1. Buyer can ask Iuppiter B.V. to arrange a delivery for the Lot to its address, in which case Iuppiter B.V. will provide Buyer with a detailed cost estimate and a delivery date in advance.
2. All costs of delivery will be paid by Buyer at the first request of Iuppiter B.V. Iuppiter B.V. has the right to suspend its obligation to deliver a Lot until the Buyer has fully paid everything owed to Iuppiter B.V.
3. Applicable taxes or tariffs are the sole responsibility of Buyer and are to be paid by Buyer. In case of default of payment of taxes or tariffs, Iuppiter is no longer obliged to deliver a Lot. At the request of Buyer Iuppiter can decide to re-deliver after Buyer has met its tax obligations. In that case Buyer will bear the costs for storage, redelivery and any other additional costs and will pay these costs to Iuppiter upfront before redelivery takes place.
4. In the case of a Consumer purchase Iuppiter B.V. will provide an estimate of the applicable taxes and tariffs in advance. Payment of the taxes and/or tariffs will still be the sole responsibility of Consumer and are to be paid by Consumer. In case of default of payment of taxes or tariffs, Iuppiter is no longer obliged to deliver a Lot. At the request of Consumer Iuppiter can decide to re-deliver after Consumer has met its tax obligations. In that case Consumer will bear the costs for storage, redelivery and any other additional costs and will pay these costs to Iuppiter upfront before redelivery takes place.

Article 13: Transfer of Risk

1. The risk of damage and/or destruction of a Lot remains with Iuppiter B.V. until the Buyer has paid the amount owed for the Lot. Upon payment, the risk of damage and/or destruction of the Lot immediately transfers from Iuppiter B.V. to Buyer. If Buyer cancels, rescinds, or revokes the purchase under the provisions of Articles 15, 17 and/or 19, the risk of the Lot due to this cancellation/rescission or revocation will only return to Iuppiter B.V. when Buyer has returned the Lot to Iuppiter B.V. in the condition it was received in.

Article 14: Default of Buyer

1. Buyer will be in default without prior notice, formal notice, or judicial intervention if and as soon as he fails to fulfill any obligation related to the purchase (including timely payment of the invoice described in Article 10.3) fully and on time. In that case, Buyer is obliged to compensate Iuppiter B.V. for all damages suffered as a result, including statutory interest from the date the payment deadline has passed, and the actual costs related to the judicial and/or extrajudicial collection of any amount not paid or not paid on time.
2. If Buyer is in default, Iuppiter B.V. has the right, at its discretion, to either demand fulfillment by the Buyer or to proceed with the immediate or subsequent dissolution of the purchase agreement, in which case Iuppiter B.V. has the right to re-auction the Lot.
3. If Iuppiter B.V. does not use the right to re-auction the Lot, it may instead demand that the Buyer pays a penalty equal to 25% of the auction price to Iuppiter B.V.

Article 15: Right of Withdrawal for Consumers

1. If a Consumer has entered into a Purchase agreement, Consumer may cancel the Purchase within a reflection period of fourteen (14) days. The fourteen (14) day period begins the day after the item is delivered, or, if Consumer has purchased multiple items in the same online auction, the day Consumer receives/collects the last of those items, or if the item consists of multiple parts, the day the Consumer receives/collects the last part.
2. During the reflection period, Consumer may handle and inspect the item(s) only to the extent necessary to establish the nature, characteristics, and/or functioning of the item, as they would be allowed to do with an item purchased in a store. The item(s) may only be unpacked or used to the extent needed to determine its nature, characteristics, and/or functioning.
3. If Consumer exercises the Right of Withdrawal as described in Article 15.1, they must notify Iuppiter B.V. by email at support-auctionIT@iuppiter.nl. Consumer will send the delivered items in the state in which they were delivered (including all accessories and in its original condition and packaging) back to Iuppiter B.V. within fourteen days after Consumer has terminated the distance contract.
4. If Consumer exercises its right of withdrawal, the costs for returning the products will be for the account of Consumer.
5. Consumer is liable for diminished value of the products if the products are handled in such manner that goes beyond what is permitted under article 15.2. Iuppiter B.V. is entitled to charge the depreciation to Consumer and settle this amount with payments received from Consumer.
6. As soon as possible after Iuppiter B.V. has been informed within the 14-day reflection period of art. 15.1 of the intention of Consumer to exercise its Right of Withdrawal, Iuppiter B.V. will confirm termination of the Purchase agreement by e-mail.
7. Iuppiter B.V. will refund payments received from Consumer, deducting any impairment, as soon as possible but no later than within fourteen (14) days after Consumer has invoked the Right of Withdrawal to Consumer, provided that the products are received by Iuppiter B.V. or Consumer can demonstrate that the products have actually been sent back.
8. If the right of withdrawal is only applicable to a portion of the order, then any shipping costs paid in first instance by Consumer, are not eligible for a refund.

Article 16: Exclusion of the Right of Withdrawal

1. Consumer may not invoke the Right of Withdrawal in case of a purchase pertaining to the delivery of products:
   • which after delivery are inseparably mixed with other matters;
   • which pertain to audio or video recordings or computer software of which the seal has been broken after delivery;
   • in respect of which the Right of Withdrawal is otherwise excluded under Section 6.5.2B of the Dutch Civil Code.

Article 17: Non-conformity, complaints

1. All Lots are sold in the condition they are in at the time of the conclusion of the purchase. Buyer may, within fourteen (14) days after the delivery date invoke the right to dissolution and/or annulment based on non-conformity under the terms and conditions described in this article. In case of a Consumer purchase this period will be extended to two (2) months and art. 19 of these terms will apply.
2. Buyer may only invoke dissolution or annulment of the purchase if they can demonstrate to the satisfaction of Iuppiter B.V. that the item purchased lacked conformity as mentioned in art. 7:17 BW (Dutch Civil Code) at the time of the delivery. In such a case Buyer may dissolve or annul the purchase by sending a motivated written statement to Iuppiter B.V., providing, where applicable, supporting evidence.
3. Buyer/Consumer does not have the right to dissolution and/or annulment of the purchase if the description of the item prior to or during the auction, and before the Buyer/Consumer places a Bid, was revoked and/or if a corrected description was communicated orally, in writing, or via the website auction-it.com.
4. Buyer cannot dissolve or annul the purchase if they cannot return the item in the condition, it was in when it was handed over by Iuppiter B.V.
5. Buyer can file a complaint at support-auctionIT@iuppiter.nl and Iuppiter B.V. will respond according to its policy published on its website auction-it.com (go to General Information: Your rights as a consumer).

Article 18: Commercial Guarantee

1. Iuppiter B.V. may issue a Commercial Guarantee regarding a Lot offered for sale. The terms of this guarantee will be specified in the Lot description.
2. If the Commercial guarantee extends the period for Buyer to invoke the right to dissolution and/or annulment based on non-conformity to more than the fourteen (14) day-period mentioned in article 17.1 of the Terms and Conditions, this period will be extended to the period mentioned in the Commercial Guarantee.

Article 19: Non-conformity, complaints Consumer

1. In case of a Consumer purchase Consumer may invoke dissolution or annulment of the purchase within two (2) months after the purchase date if they can demonstrate that the item purchased lacked conformity based on artt. 7:17, 7:18 and/or 7:18a BW (Dutch Civil Code) at the time of delivery.
2. During one year after the purchase the legal presumption of art. 7:18a lid 2 BW (Dutch Civil Code) applies, meaning that if a non-conformity appears in an item with digital elements ("zaak met digitale elementen") within one year after the purchase date the item is presumed not to be conform upon delivery, unless Iuppiter B.V. proves otherwise or unless the nature of the item or the nature of the deviation opposes to this presumption.
3. Consumer may only invoke dissolution or annulment of the purchase if repair or replacement by Iuppiter B.V. is not (or no longer) possible. Consumer cannot demand dissolution or annulment when that is unreasonable or when the non-conformity is too insignificant to justify dissolution or annulment.
4. Consumer can no longer demand dissolution or annulment when the purchased item has been destroyed or damaged because Consumer has not ensured its preservation as a prudent debtor should have done as mentioned in art. 7:21 lid 1c BW (Dutch Civil Code).
5. Consumer can file a complaint at support-auctionIT@iuppiter.nl and Iuppiter B.V. will respond according to its RMA Policy published on its website auction-it.com.

Article 20: Liability and Indemnity

1. The use of the purchased items is at the own risk of Buyer and the items are intended for use in accordance with the purpose of the products. Iuppiter B.V. shall not be liable for indirect damages, consequential damages, loss of profit, loss of revenue, loss of data or damage resulting from business interruption, resulting from the use of the purchased items unless such damage is the direct result of intent (opzet) or wilful recklessness (bewuste roekeloosheid) on the part of the Iuppiter B.V. itself or its managerial officers.
2. Iuppiter B.V. shall not be liable for any damage arising from defects in software, firmware or digital services forming part of the delivered products, unless such damage is the direct result of intent (opzet) or wilful recklessness (bewuste roekeloosheid) on the part of the Iuppiter B.V. Buyer is responsible for maintaining adequate back-up facilities and for independently assessing the suitability of the products for its specific application. To the extent that liability cannot be fully excluded, it shall be limited to the invoice value of the relevant products.
3. In the case of a Consumer purchase the limits of this article do not go beyond what is permitted by law, for example under Article 7:23 and 7:24 paragraph 2 of the Dutch Civil Code.

Article 21: Privacy

1. Bidder and/or Buyer consent explicitly to the processing of its relevant personal data by Iuppiter B.V. related to the Online Auction and customer due diligence, risk assessment and compliance purposes in the internal systems of Iuppiter B.V. and at the Shopify platform that enables the Online Auction on behalf of Iuppiter B.V.
2. Personal data will not be shared with third parties for marketing purposes but can be shared with third parties such as data processors and service providers mentioned in our Privacy Policy to ensure the proper completion of the Online Auction. Iuppiter B.V. may disclose personal data when it is obliged to do so under a legal obligation and when this is necessary as part of a business transaction. Iuppiter B.V. will act according to its Privacy Policy published on its website auction-it.com.
3. Bidder and/or Buyer has the right to withdraw its consent at any time.

Article 22: Final Provisions

1. Dutch law is exclusively applicable to all agreements and pursuant legal relationships between parties. The applicability of the Vienna Sales Convention of 1980 (Convention on the International Sale of Goods 1980) is expressly excluded.
2. Invalidity of one or more provisions in the Terms and Conditions does not affect the validity of the remaining provisions. In the event of such invalidity, in whatever form, the Bidder, Buyer and Iuppiter B.V. shall agree on other valid provisions which content and intent will closely approximate that of the invalid provision(s).
3. Parties shall not instigate proceedings with the court before they have done their utmost to resolve the dispute by mutual agreement.
4. In so far as the law does not dictate otherwise, the court within the jurisdiction of the location of Iuppiter B.V. is exclusively designated to hear legal disputes.