Terms & Conditions

Name: Domeinplein
Address: Mosselsepad 14, 6731SM, Otterlo
Chamber of Commerce number: 09097793
VAT number: NL001344048B26

Table of Contents:
Article 1: Definitions
Article 2: Applicability
Article 3: Conclusion of the agreement
Article 4: Mediation and costs
Article 5: Domain name registration
Article 6: Right of withdrawal
Article 7: Use of the website
Article 8: Deviating provision for mediation in sales
Article 9: Terms of Payment
Article 10: Liability
Article 11: Advance payment of security
Article 12: Duration and termination of the agreement
Article 13: Force majeure
Article 14: Website maintenance
Article 15: Amendment of general terms and conditions
Article 16: Protection and acquisition of personal data
Article 17: Applicable law and disputes

Article 1: Definitions
In these terms and conditions the following is understood as:

1. Cooling-off period: the period within which the customer can make use of his right of withdrawal;
2. Customer: the natural person who does not act in the exercise of a profession or business and/or the natural or legal person who does act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Consumer: the natural person who does not act in the exercise of a profession or business;
4. Day: calendar day;
5. Long-term transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
6. User: the person who registers as a user on the website.
7. Right of withdrawal: the option for the customer to waive the distance contract within the cooling-off period;
8. Entrepreneur: Domeinplein;
9. Distance agreement: the [intermediation] agreement whereby within the framework of a system organized by the entrepreneur for the distance mediation of products and/or services, up to and including the conclusion of the agreement, only one or more remote communication techniques are used;
10. Website: quarantine-auction.com.

Article 2: Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the customer.
2. The general terms and conditions used by the customer and/or third parties do not apply, unless expressly accepted in writing by the entrepreneur.
3. Should any provision of the general terms and conditions be null and void, or be nullified, the other provisions will remain in full force and the null and void or nullified provision of these general terms and conditions will be replaced by a valid provision that reflects the purpose and purpose as much as possible. purport of the void or voided provision must be observed.
4. Any deviations from these general terms and conditions are only valid if they have been expressly agreed in writing.

Article 3: Formation of the agreement

1. The user can bid on a domain name.
2. The offer concerns an amount in euros and is exclusive of VAT.
3. Any offer made is irrevocable and cannot be reduced or withdrawn.
4. The user of the website is aware that the auction works with a so-called ‘Autobid’ system. In the Autobid, the user sets the maximum amount he wants to bid for a domain name. The system then automatically places a bid based on this maximum amount, the minimum price and the highest amount that has been bid so far. In case of bids by other users, the bid will, if necessary, be increased to a maximum of the amount that the user has entered as the maximum amount in the Autobid. If the maximum amount is higher than the highest amount that has been offered so far, the user can see in his Account what amount has been offered. If the maximum amount is lower than the highest amount bid so far, the user can see in his account that he has been outbid and by what amount.
5. Every highest bid on the entrepreneur's website leads to a final [mediation] agreement between entrepreneur and customer.
6. The agreement is concluded at the moment that the customer has received the confirmation of the highest bid from the entrepreneur via an electronic notification.
7. Making any bid, including but not limited to the highest bid, does not in any way guarantee or entitle the entrepreneur to register the domain name on which the bid has been made for the customer. The application, allocation and possible use of the domain name also depend on and are subject to the applicable rules and procedures of the relevant registering authorities, including the Stichting Internet Domeinregistratie Nederland. The relevant authority decides on the allocation and/or registration of a domain name. The entrepreneur only plays an intermediary role in the agreement and does not give any guarantee that an application will also be honored.
8. Users of the website may not manipulate the price of an auction or use third party software to influence a bid.
9. Entrepreneur is authorized to remove bids without stating reasons.
10. The entrepreneur is entitled to extend the bidding period for a domain name, for example if a new highest bid is made in the last minutes of the bidding period.

Article 4: Mediation and costs

1. After the conclusion of the agreement as referred to in Article 3 paragraph 5 of these terms and conditions, the entrepreneur will make every effort to register the domain name to which the offer relates for the benefit of the customer.
2. If the entrepreneur registers the domain name as referred to in the previous paragraph of this article for the benefit of the customer, the customer will owe the entrepreneur the amount equal to the offer made by him.
3. If the entrepreneur does not [register first] the domain name as referred to in the previous paragraph of this article and the domain name is registered by a third party or is no longer available for any other reason, the customer does not owe the entrepreneur any amount.
4. The domain name is first registered in the name of the entrepreneur. After payment of the invoice, which invoice contains the amount of the bid made, the domain name is registered in the name of the customer.
5. After registration by the entrepreneur, the customer is fully responsible for the use of the domain and the domain name. The customer indemnifies the entrepreneur against any claim from third parties in connection with the use of the domain name.

Article 5: Domain name registration

1. Entrepreneur carries out the domain registration, after payment as referred to in Article 4 paragraph 4, at Domeinwinkel [www.domeinwinkel.nl] under the name as indicated by the customer during the registration on the website.
2. If the customer has not paid on time, i.e. not within the term referred to in Article 9 paragraph 1 of these terms and conditions, the entrepreneur has the right to cancel the domain registration. As soon as the cancellation is final, the domain name can be registered by anyone.
3. The customer continues to owe the entrepreneur the amount equal to the offer, even after cancellation of the domain name. This does not affect the possibility of additional or replacement compensation for the entrepreneur, as well as the extrajudicial [collection] costs to be charged or charged to the customer.
4. If the domain registration is canceled by the entrepreneur as a result of a shortcoming on the part of the customer, the customer will forfeit a fine of € 2,500.
5. After registration of the domain name and payment of the invoice, the customer receives 1 [één] year free domain name registration at Domeinwinkel. The first year of the domain registration, the customer does not owe any [further] costs, except for the costs referred to in Article 4.
6. After the first year, the domain registration will be tacitly renewed by Domeinwinkel and the customer will owe Domeinwinkel an annual fee for the domain registration. Domeinwinkel calculates, after the end of the first year, the standard annual costs per domain. These costs can be found on the Domeinwinkel website, www.domeinwinkel.nl.
7. After registration of the domain name by the entrepreneur at Domeinwinkel and payment of the invoice to the entrepreneur, the Customer enters into a separate agreement with Domeinwinkel.
8. With reference to Article 12 paragraph 2 of these terms and conditions, the Entrepreneur is not a party to the agreement concluded between Domeinwinkel and the customer regarding the maintenance of the domain name registration and the associated conditions.
9. User is aware that the general terms and conditions of Domeinwinkel apply to the application and registration with Domeinwinkel and the use of the Domain name.

Article 6: Right of withdrawal

1. The right of dissolution or withdrawal, which offers the consumer who has made a bid the option to cancel the agreement within the statutory cooling-off period of 14 [fourteen] days, does not apply to the agreement concluded between the client and customer has been established.
2. The customer acting in the capacity of a consumer explicitly waives his right of withdrawal as referred to in the previous paragraph of this article, which the customer who acts in the capacity of a consumer has also indicated in the ordering process by means of a statement.

Article 7: Use of the website

1. In order to use the website, which also includes making a bid, the user must register on the website. By completing the registration form, the user enters into an agreement with the entrepreneur, of which these general terms and conditions form part.
2. Entrepreneur is not responsible for the correctness of the data that the user enters in his registration form. The user is responsible for the correctness of the registered data. Entrepreneur is never liable for incorrect or incomplete data in the user's profile.
3. The user of the website is responsible for the user account and login details at all times. Every user must carefully keep the data to himself and under no circumstances pass this data on to third parties.
4. The user of the website must be of age and authorized to perform legal acts. The user will, insofar as this is reasonably necessary, cooperate in the execution of the agreement. By entering into the agreement, the customer guarantees that he is of age and legally competent.
5. Entrepreneur does its utmost to only place correct information on the website, but is not liable for any typos, errors or inaccuracies on the website.

Article 8: Deviating provision for mediation in sales

1. In exceptional cases, the Entrepreneur will act as an intermediary in the trading of domain names. This is characterized by the fact that a direct sale takes place between a seller and a buyer, in which the Entrepreneur only plays a facilitating role. The Entrepreneur is not a party to an agreement between the buyer and the seller in the case of this course of action.
2. In the case as described in paragraph 1, an agreement is created between the buyer and the seller and a brokerage agreement will be concluded between the Entrepreneur and the seller and the entrepreneur and the buyer, respectively. Delivery and payment by buyer and seller are made to the Entrepreneur, who then takes care of payment and delivery to the finished party.
3. If one of the parties fails to fulfill its obligations, the Entrepreneur is not liable for this and will return the performance that has been received (i.e. refund or return). The Entrepreneur can recover the damage it suffers as a result from the non-performing party.
4. Entrepreneur has no influence on the product sold (usually the domain name) and can therefore not be held to quality requirements, guarantees, or be held liable for (non) conformity.
5. The provisions of these general terms and conditions only apply insofar as they relate to the intermediary role of the Entrepreneur. In case of doubt about the applicability of a provision of these general terms and conditions, the explanation most favorable to the Entrepreneur will prevail.

Article 9: Terms of payment

1. Unless agreed otherwise, the amount owed by the customer must be paid within 5 [five] days after the entrepreneur has sent the invoice to the customer electronically.
2. The invoice date as stated on the invoice is decisive for the start of the 5-day period.
3. All invoices will be paid by the customer in Euros by deposit or transfer in accordance with the payment conditions stated on the invoice or the payment conditions otherwise agreed in writing.
4. After the expiry of 5 days after the invoice date, the customer who does not act in the capacity of a consumer and does not pay on time, is legally in default, without a notice of default being required.
5. The customer acting in the capacity of a consumer is in default after having been warned and given a reasonable term for compliance
6. The Customer is not entitled to a discount or settlement.
7. The customer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
8. If the customer is in default or fails to fulfill one or more of its obligations, then all reasonable costs incurred in obtaining payment in and out of court will be borne by the customer.
9. If the customer remains in default in the timely and/or full payment of a sum of money, then the entrepreneur is entitled to charge extrajudicial costs in the event of invoices that have remained unpaid for 5 days after the invoice date, in accordance with the fixed fee schedule as referred to. in the Extrajudicial Collection Costs Standardization Act and the Extrajudicial Collection Costs Reimbursement Decree with a minimum of € 40,--.
10. The claim for payment is immediately due and payable in the event that the customer is declared bankrupt, applies for suspension of payment or if the customer's assets are seized in full, the customer dies and furthermore, if it goes into liquidation or is dissolved.

Article 10: Liability

1. If the entrepreneur is liable for direct damage, the liability of the entrepreneur is limited to the amount of the invoice for the product or service that has led to liability.
2. The entrepreneur is never liable for damage resulting from advice given.
3. Direct damage is exclusively understood to mean:
   • the reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these terms and conditions;
   • the reasonable costs incurred to have the defective performance of the entrepreneur comply with the agreement, unless this defect cannot be attributed to the entrepreneur;
   • the reasonable costs incurred to prevent or limit damage, insofar as the consumer demonstrates that these costs have led to limitation of direct damage as referred to in these general terms and conditions;
4. The entrepreneur is never liable for indirect damage, including consequential damage, loss of turnover and profit, missed savings and damage due to business interruption.
5. The limitations of liability for direct damage included in these terms and conditions do not apply if the damage is due to intent or gross negligence on the part of the entrepreneur or his subordinates.
6. The entrepreneur is not liable for damage, of any nature whatsoever, because the entrepreneur has based himself on incorrect and/or incomplete information provided by the customer, unless this inaccuracy or incompleteness should have been known to the entrepreneur.

Article 11: Advance payment of security

1. The Entrepreneur is at all times entitled to demand advance payment or security before proceeding to perform its performance or to continue with that performance. If the client remains in default with the required advance payment or security, the obligation of performance or effort resting on the entrepreneur lapses. Without prejudice to the entrepreneur's right to compensation for all damage, costs and interest by the customer.

Article 12: Duration and termination of the agreement

1. The term of the agreement commences at the moment that the customer has received confirmation from the entrepreneur that he has made the highest bid for the domain name at the close of the auction.
2. The agreement is entered into for a definite period of time, with the end date of the agreement being the payment of the invoice to the entrepreneur.

Artikel 13: Overmacht

1. In geval van overmacht, waaronder in ieder geval wordt verstaan storingen of uitvallen van het internet, de telecommunicatie-infrastructuur, stroomstoringen, binnenlandse onlusten, mobilisatie, oorlog, stremming in het vervoer, staking, uitsluiting, bedrijfsstoornissen, stagnatie in toelevering, brand, overstroming, in- en uitvoerbelemmeringen en in het geval dat ondernemer door zijn eigen leveranciers, ongeacht de reden daartoe, niet tot levering in staat wordt gesteld waardoor nakoming van de overeenkomst redelijkerwijs niet van ondernemer kan worden gevergd, zal de uitvoering van de overeenkomst worden opgeschort, dan wel de overeenkomst worden beëindigd wanneer de overmachtsituatie langer dan negentig dagen heeft geduurd, alles zonder enige verplichting tot schadevergoeding.

Artikel 14: Onderhoud website

1. Ondernemer neemt passende technische en organisatorische maatregelen om haar systemen te beveiligen tegen verlies of enige vorm van onrechtmatig gebruik.
2. Ondernemer is gerechtigd de website [tijdelijk] buiten gebruik te stellen of te beperken als dat noodzakelijk is voor het onderhouden, aanpassen of beveiligen van de website, zonder dat hierdoor enig recht op schadevergoeding ontstaat jegens ondernemer.
3. Ondernemer garandeert niet dat de website ononderbroken zal werken, vrij zal zijn van virussen, trojans en andere fouten en/of gebreken en/of dat eventuele gebreken zullen worden verholpen, en is niet aansprakelijk voor schade die hiervan het gevolg is.

Artikel 15: Wijziging algemene voorwaarden

1. Ondernemer behoudt zich het recht voor deze voorwaarden te wijzigen of aan te vullen.
2. Wijzigingen gelden ook ten aanzien van reeds gesloten overeenkomsten met inachtneming van een termijn van dertig [30] dagen na bekendmaking van de wijziging op de website van ondernemer of per elektronische berichtgeving. Wijzigingen van ondergeschikt belang kunnen te allen tijde worden doorgevoerd.
3. Indien afnemer een wijziging in deze voorwaarden niet wil accepteren, kan hij tot de datum waarop de nieuwe voorwaarden van kracht worden de overeenkomst ontbinden tegen deze datum.

Artikel 16: Bescherming en verwerving van persoonsgegevens

1. Ondernemer heeft een privacyverklaring op haar website, waarin duidelijk wordt gemaakt hoe wordt omgegaan met persoonsgegevens.
2. Voor zover noodzakelijk verleent de wederpartij toestemming voor de verwerking van persoonsgegevens zoals omschreven in de privacyverklaring.

Artikel 17: Toepasselijk recht en geschillen

1. Op deze algemene voorwaarden is het Nederlands recht van toepassing. Het Weens koopverdrag is uitdrukkelijk uitgesloten.
2. Geschillen tussen de afnemer en ondernemer over totstandkoming of de uitvoering van overeenkomsten met betrekking tot de door ondernemer te leveren of geleverde dienst, kunnen zowel door afnemer als door ondernemer aanhangig worden gemaakt bij een bevoegde Nederlandse rechter.