The General Terms and Conditions of Use
GTC
This regulation governs the access and use of the platform allowing for automated online auctions, located at the URL address: http://www.e-shetlands.com, hereinafter referred to as E-Shetlands. Any use of the online auction service implies acceptance and compliance with these regulations.
Definitions
Adjudication Price (Award Price): The highest bid placed by the bidder/buyer, expressed in TTC (including a 21% VAT), EXCLUDING commission fees.
Award (Allocation): The explicit declaration by E-Shetlands indicating to the bidder/buyer that the lot is awarded to them. The allocation is made by a public officer appointed for this purpose by E-Shetlands, who prepares a record of the allocation.
Bid/Offer: The amount proposed at the auction by the bidder for a lot. This amount is a minimum of €50 or a free amount but must be a multiple of €50. The bid/offer is always expressed in the VAT included (including a 21% VAT).
Bidder: The adult, legal, or natural person who has registered on the E-Shetlands website and/or participates in an online auction organized by E-Shetlands by placing a higher bid.
Buyer: The adult, legal, or natural ( physical ) person, who has registered on the E-Shetlands website, participates in an online auction organized by E-Shetlands, and wins the auction (by placing the highest final bid and is awarded the lot by a public officer who draws up a record of the award).
Commission/Commission Fees for E-Shetlands: The percentage (10%) of the award price (the highest bid) borne by the buyer.
Commission Fees / Commission: The percentage (10%) of the allocation price. The auction fees are borne by the buyer.
Conditions for Online Auction Listing: To list a pony for auction, the following five conditions must be fulfilled:
Being a breeder affiliated with an accredited studbook.
Registering on the E-Shetlands.com website, providing contact information, and paying the registration fees (€49 per pony listed for sale).
Providing accurate details of the pony, including photos and videos.
Accepting the general terms and conditions.
Agreeing to keep the selected pony until the auction. Failure to do so will result in a penalty of €300 imposed by E-Shetlands.
Consignor/Seller: The adult, legal or natural person who has entrusted E-Shetlands with auctioning and selling one or more ponies on their behalf and for their account. The seller must be affiliated with an accredited studbook.
Control: The auction is under the supervision of a public officer who prepares a record of the allocation.
Delivery: The actual delivery of the lot to the new owner occurs after the buyer has made full payment for the purchase price (the highest bid expressed in VAT included and a 10% commission fee). The delivery costs are borne by the buyer.
Delivery of Foals: The actual delivery of the lot to the new owner occurs after the buyer has made full payment for the total purchase price (the highest bid expressed in VAT included and a 10% commission fee). However, the seller remains responsible as a diligent caretaker of the foal until the foal is weaned. The seller agrees to maintain good communication with the buyer regarding the weaning and delivery of the foal. At the time of weaning, the foal must be at least 150 days old.
The delivery costs for foals are borne by the buyer.
Delivery Note issued by E-Shetlands: A document confirming to the buyer the receipt of payment for the purchase price (the highest bid expressed in the VAT included + a 10% commission fee) and granting the right to collect the item.
Regarding the date and place of delivery, the buyer and the seller will make mutually agreed arrangements.
E-Shetlands' Mission: E-Shetlands provides a service to connect the bidder/buyer with the consignor/seller through its online auction platform (electronic portal) to promote the sale of ponies.
General Terms and Conditions of Use: The present auction terms and conditions.
Initial Amount (Listing Amount, Sale Price): The minimum amount at which the consignor/seller wants to sell their pony. Bidders place bids higher than this initial amount (with a minimum bid increment of €50). The initial amount is stated inclusive of VAT (a 21% tax). There is no retraction price.
Invoice, Receipt: The buyer is responsible for the auction commission fees, which amount to 10% of the buyer's final bid. This amount is added to the allocation amount. E-Shetlands sends the buyer an invoice for the auction commission fees payable to E-Shetlands. The buyer receives another invoice/receipt from the seller regarding the allocation price. A member cannot, after placing a bid, request that the allocated lot be re-invoiced to a third party, whether a member or non-member.
Lot: One or more ponies are offered for auction on the E-Shetlands auction website.
Member: The adult, legal, or natural person who has registered on the website www.e-shetlands.com. Only a member can, after registering and identifying themselves, place a bid to acquire one or more lots available for online auction or list one or more lots for sale.
Offer/Bid: The amount proposed by the bidder at the auction for a lot. This amount is either €50 or a higher amount in increments of €50. Bids/offers are always stated inclusive of VAT (a 21% tax).
Official Currency: The official currency is the Euro (EUR, €).
Online Auction: The sale of one or more lots organized by E-Shetlands on its website www.e-shetlands.com on behalf of the seller/principal.
Payment: Invoices are payable by their due date.
Penalty for Non-Presentation of the Selected Pony on the Day of the Sale: In such cases, a penalty of €300 will be required by E-Shetlands.
Personal Data: The data that the user provides during their registration, which identifies their person.
Pick-up: The action of removing the purchased lot. Pick-up can only be done with the pick-up receipt received after payment of the purchase price (the highest bid expressed in VAT included plus a 10% commission fee).
Pony: The pony (adult or foal) offered on the auction website, is described as accurately as possible based on information and images provided by the seller. This information is used solely to provide an impression of the pony's qualities, without claiming to be complete or correct and without providing any guarantees. The seller is solely responsible for the accuracy of the information and description.
Pony Registration: The registration of a pony for the purpose of its sale, through the registration form to be filled out on the website and subject to a registration fee of €49.
Private Individual: A natural person who is not acting within the scope of their commercial or professional activities.
Professional: An individual or legal entity acting within the scope of their commercial or professional activities.
Purchase Price: The highest bid placed by the bidder/buyer, expressed in TTC (including a 21% VAT) + a 10% auction fee (commission on the auction sale). The auction commission fees are borne by the buyer.
Receipt, Invoice: The buyer is responsible for the auction commission fees, which amount to 10% of the final bid placed by the buyer. This amount is added to the adjudication price. E-Shetlands sends the buyer an invoice for the auction commission fees payable to E-Shetlands. The buyer also receives another invoice/receipt from the seller regarding the adjudication price.
Once a member has submitted a bid, they cannot request that the lot awarded to them be re-invoiced to a third party, whether a member or non-member.
Sale/Purchase Agreement: The contract concluded between the consignor/seller and the buyer following the auction. The purchase contract is issued as a result of the allocation to the highest bidder.
Selective Sale: The ponies registered on the E-Shetlands website will not be automatically put up for sale. Only selected ponies (based on criteria such as beauty, origin, or rarity) will be eligible for sale. Payment of the pony registration fee of 49€ is a condition for participating in the selection process. For non-selected ponies, the registration fee of 49€ will be fully refunded.
Seller/Principal: The legal or natural person who has entrusted E-Shetlands with auctioning and selling one or more ponies on their behalf.
Selling Price (Initial Amount, Listing Price): The minimum amount at which the consignor/seller wants to sell their pony. Bidders then bid above this initial amount (with a minimum bid increment of €50). The initial amount is stated in TTC (including a 21% VAT). There is no retraction price. Only the seller decides the selling price.
Specific Terms of Use: Additional, complementary, or derogatory conditions to the General Terms of Use for participation in an online auction, as mentioned on the website for the specific auction.
Time Zone: The official time zone is determined as UTC+1 (Belgium time).
TTC: Toutes Taxes Comprises (All Taxes Included).
User: Any person who visits the website www.e-shetlands.com. Without registering their personal data, they are considered a visitor. With registration, they become a member.
User Account (Member Account): The space, the personal section on the website www.e-shetlands.com, which contains the personal data imported and managed by the member during their registration.
User Agreement: This contractual document governs the terms of interaction between the service provider (E-Shetlands) and its users (members and/or visitors). By simply registering on the E-Shetlands website, the member accepts the application of the General Terms and Specific Terms of Use.
User Registration: The user's registration on the website through the registration form.
VAT: Value Added Tax. The initial amount, bid increments, and final bid amount (purchase price) are expressed in TTC (including a 21% VAT). The commission fee amount (10%) is also expressed in TTC (including a 21% VAT).
Visitor: The legal or natural person who visits the website www.e-shetlands.com without registering as a member.
1. General
These General Conditions apply to all Visitors, Members, Sellers, and Buyers in relation to E-Shetlands in the context of online auctions. By simply registering on the E-Shetlands website, the member accepts the application of these general terms and conditions of use.
E-Shetlands provides and manages a platform (an electronic portal) for automated online auctions, offers marketing services on behalf of and for the account of the seller/principal, and allows sellers to present their products to potential buyers worldwide.
Only the French version of the general conditions is valid. Any translation provided is purely for informational purposes.
The invalidity of one or more clauses of this user agreement does not affect the validity of other contractual clauses in any way.
Furthermore, the member is required to consult the general and specific conditions of E-Shetlands and is deemed to have accepted them by registering. Registration implies unconditional and irrevocable acceptance of the terms of use.
All conditions of the bidder/buyer are expressly excluded.
In the event of any discrepancy between the general conditions and the specific conditions, the latter shall prevail.
By placing a bid, the bidder/buyer accepts all provisions and conditions stipulated in this user agreement and the privacy policy, or those referred to by E-Shetlands in this user agreement. All provisions and conditions of this user agreement were presented during registration and expressly accepted. The bidder/buyer cannot make any purchase without accepting them. By registering on the website, the bidder/buyer (including foreign bidders/buyers) undertakes to comply with the user agreement concluded with E-Shetlands.
E-Shetlands reserves the right to exclude any Member who does not comply with the general conditions or the specific sales conditions, who commits theft to the detriment of E-Shetlands, its agents, or its Members, or who exhibits inappropriate behavior towards the staff of E-Shetlands, its agents, or its Members. E-Shetlands will notify the Member of their exclusion by a simple email, without prior notice and without the need to justify the said exclusion.
2. Registration for the Service
Every user desiring to bid on one or more lots must register and create a user account. By doing so, they become a member and can offer lots for sale and/or bid on lots for sale.
The user account contains personal data imported and managed by the member.
The member declares that they are of legal age (over 18 years or over 21 years, in accordance with the laws of the member's country of origin).
At the time of registration, the user must provide a username and password, which allow them to access the Account. The member guarantees to E-Shetlands that the information provided during the creation of their Account is complete, reliable, and up to date.
If a member wishes to offer one or more ponies for sale, they must:
Be a breeder affiliated with an approved studbook.
Register on the E-Shetlands.com website, provide their details, and pay the registration fee (€49 per pony listed for sale).
Fill in the pony's details accurately, and provide photos and videos.
Accept the general conditions.
Agree to keep their selected pony until the auction. Otherwise, a penalty of €300 will be required by E-Shetlands.
Since the sale is selective, the registration fees for each pony not selected for sale will be fully refunded.
By registering, the member expressly authorizes E-Shetlands to record and use their personal data. The member is responsible for the accuracy and completeness of their personal data.
Every member is required to provide identification. Any modification of their personal data must be communicated in writing (via email or through the contact form on the E-Shetlands website) and must be justified.
E-Shetlands reserves the right to verify the member's identity through external databases or through a bailiff/notary. At any time, E-Shetlands may request and verify the accuracy of the information provided during registration. Additionally, the bailiff/notary may verify the location from which the bidder/buyer has connected using their IP address (Internet Protocol address).
E-Shetlands is authorized to transfer the bidder/buyer's personal data to the seller or an authorized third party.
Upon the first request from E-Shetlands, the member is obliged to provide a copy of their identification card and/or passport.
At any time, E-Shetlands may exclude a bidder/buyer if there is any doubt regarding their identity or solvency.
Providing false information to E-Shetlands is grounds for the exclusion of the member and their account being banned.
The bidder/buyer's username and password are personal and cannot be transferred. If the bidder/buyer suspects that another person knows their password, they must immediately inform E-Shetlands to block the account and prevent any misuse.
E-Shetlands is authorized to enforce an offer made using the bidder/buyer's username and password, even if it is abuse.
A member cannot request that a lot awarded to them be re-invoiced to a third party, whether a member or non-member, after placing a bid.
If the members (seller and/or buyer) are professionals, they are required to indicate their professional status by identifying themselves as "Professionals" during the creation of their account.
The member is obligated to comply with all applicable tax laws and regulations and to register correctly in this regard at the time of their registration by providing all necessary information, such as a correct VAT number.
The member assumes full responsibility for the consequences of providing incomplete or inaccurate information regarding their tax position and fully indemnifies E-Shetlands against any claims from third parties, including tax authorities, and any associated damages and costs that may arise from such claims.
3. Seller's Offer
The sale is selective. The ponies are deemed suitable for sale by E-Shetlands and are determined based on criteria such as attractiveness, rarity, origins, etc. No claims regarding the refusal of a pony for sale will be accepted.
In order to propose the pony for sale, the seller declares to be the full owner of the pony and declares to have all the necessary authority to proceed with the sale.
The seller guarantees to E-Shetlands that the information provided is comprehensive, reliable, and up-to-date.
If multiple individuals or entities own the pony, the same commitment applies to each of them acting jointly under these terms. In order to simplify communication, the parties agree to draft a signed document designating a single authorized person. This authorized person is the sole individual empowered to interact with E-Shetlands for the sale of the pony to a potential buyer and to conclude this sale.
When creating a sales offer, the seller must provide clear, reliable, truthful, and understandable information.
The seller's liability may be pursued in the event that the indications and information provided by the seller are inaccurate, without prejudice to E-Shetlands' right to refuse the presentation of the animal for sale if it becomes aware of the falseness of such information prior to the sale.
E-Shetlands is not responsible for any inaccurate, falsified, or insufficient information regarding the pony.
E-Shetlands cannot be held liable for any health issues related to the pony. From the moment the information about the pony is made available online, and prior to the start of the sale, the seller is responsible for verifying that the information contains no errors or omissions. In case of any errors or omissions identified by the seller, the seller must immediately notify E-Shetlands, who will have a period of 24 hours to modify the elements. In the event of modifications, it is clearly stated that the indications appearing on the lot's description sheet and presented during the sale prevail over the information presented on the website prior to the sale.
E-Shetlands disclaims any responsibility towards other users regarding the description of the ponies, as the information and statements come from the seller.
The seller guarantees that the pony is in accordance with its description. Once the pony is selected for online auction, the information provided by the seller cannot be modified by the seller after the aforementioned deadline.
In the event that new information arises between the selection of the Lot and the sale, it may be communicated to the public through an announcement prior to the sale and made known to the bidders. These modifications must be provided in writing by the Seller to E-Shetlands, accompanied by supporting documents. In such a case, the Seller will assume full responsibility for any harm caused to other Users.
The ponies are exclusively offered by the Seller on the website www.e-shetlands.com and cannot be offered through other sales channels. The Seller will remove the horses from any other websites, except for promoting the sale conducted by E-Shetlands.
4. Lots
The ponies (adults and foals) for sale in online auctions are divided into lots.
The passport (pedigree) of the pony is an essential and inseparable part of the lot. The Seller is obligated to provide the passport (pedigree) to the Buyer at the time of loading.
Only the consignor/seller is responsible for the description of the lots and the accuracy of the information provided. E-Shetlands relies on the information communicated to them by the seller regarding the lot and is in no way responsible for any inaccuracies or false statements.
5. Illegal or Prohibited Use
The member is not authorized to use the website in a way that causes harm, disruption, overload, or infringement to E-Shetlands or any third party.
The member agrees not to use the website for illegal purposes or for any purpose contrary to these terms, provisions, and communications.
The member must behave properly and must not harm the website or other bidders/buyers.
The member must not in any way obtain or attempt to obtain materials or information through the website if such materials or information are not intended or made available for that purpose.
The bidder/buyer is responsible, even in cases of abuse or negligence in the use of their username and password, for all operations performed on the website resulting from the use of their username and password.
The bidder/buyer indemnifies E-Shetlands against any potential damage resulting from the misuse of their username and/or password. E-Shetlands is authorized to unilaterally refuse or terminate the registration of a member without having to provide the reason(s) for such refusal or termination.
The member must not in any way download files containing viruses, corrupted files, or any other comparable software or program that may compromise the operation of computers.
6. Online Auction Process
All lots are awarded to the highest bidding bidder who can be identified and is deemed reliable and solvent.
The bidder is bound by an offer that is considered irrevocable and unconditional.
Any bidder who places a bid is deemed to do so for themselves and is personally obligated to fulfill the obligations that arise from their bid towards E-Shetlands (after the allocation) and the Seller.
In the event of a dispute between multiple bidders, E-Shetlands decides on the beneficiary of the auction without providing reasons for its decision. This decision cannot be appealed.
The highest bidder will be obliged to pay the auction price of the lot, plus a 10% commission fee.
E-Shetlands reserves the right to cancel, terminate (earlier than indicated on the website), reschedule, and/or extend an auction without causing any financial or other harm to the bidder/buyer.
E-Shetlands may, without granting any rights to the bidder/buyer, refuse to recognize a bid as such, exclude one or more bidders/buyers, before or during the auction, without having to provide the reason(s) for such actions.
E-Shetlands reserves the right to extend the auction if, for example, problems have occurred on the website that renders it (partially) inaccessible to all users.
E-Shetlands also reserves the right to reopen the auction after its termination and extend it if, for example, problems have occurred on the website that renders it (partially) inaccessible to all users.
If within the last 5 minutes before the end of the auction for a lot, a new bid is placed on that lot, the auction is extended by 5 minutes until there are no more bids placed. Therefore, it is not necessary to wait until the last second to place your bid.
E-Shetlands rejects any responsibility for any direct or indirect damage to the bidder/buyer resulting from these provisions.
In the event of a dispute between the Buyer and the Seller, E-Shetlands is not intended to intervene. It encourages the Seller and the Buyer to resolve the dispute amicably. E-Shetlands is not responsible for any disputes between the Buyer and Seller.
7. Prices, VAT
All prices (starting amount, auction price, bidding amount, purchase price) are indicated in EURO €.
They are always displayed including VAT (21% VAT included). All buyers are liable for VAT. The relationship between an individual and a professional regarding VAT is governed by applicable laws.
8. Payment, Invoicing
Upon receipt of the payment request, the winning bidder/buyer is obligated to pay E-Shetlands the full purchase price (auction price including 21% VAT, plus auction commission fees of 10%), within the timeframe specified on the payment request. After the expiration of the deadline indicated on the payment request, the procedure for recourse in case of non-payment will be activated automatically, without further notice.
For any unpaid payment requests on the due date, refusal of payment, or insolvency of the bidder/buyer, a penalty of €300 will be required by E-Shetlands.
All payments are made in the currency indicated on the invoice, always in EURO.
After the payment of the full amount, the bidder/buyer will receive an invoice or receipt (depending on, if the seller is a legal or physical person ) containing a delivery note and can, from that moment, take possession of the lot.
The buyer will be requested to collect their lot.
A lot can only be collected after the full payment of the purchase price (auction price plus commission fees).
Each payment made is first applied to cover any accrued interest and fees, and then to the oldest outstanding payment requests, even if the buyer specifies a different payment reference during the payment process.
9. Transfer of Ownership and Responsibility between Seller and Buyer, Collection
The bidder/buyer becomes the owner of the lots after the full payment of the purchase price (auction price plus commission fees) and any other amount due to E-Shetlands.
The collection takes place subject to the suspensive condition of full payment of the purchase price.
Delivery of the ponies is done through their collection by the buyer or by a carrier designated by the buyer.
The transfer of ownership occurs after the full payment of the purchase price (auction price plus commission fees) and any other amount due to E-Shetlands.
The transfer of responsibility and risk occurs after the loading. The loading remains the responsibility and at the risk of the seller.
During transportation, only the buyer is responsible and bears any potential risks. It is advised for the buyer to obtain insurance from a company of their choice.
The buyer is required to collect the pony/ponies (excluding unweaned foals, suckling mares, and mares in foal), upon presentation of the delivery note issued by E-Shetlands and a valid identification document, but no later than: 30 days after the auction for Belgium, 3 months after the auction for Europe, and 5 months after the auction for the rest of the world.
The actual delivery of foals or mares to the new owner takes place after the buyer has paid the total purchase price (highest bid expressed including 21% VAT and 10% commission fees). However, the seller remains responsible for the foal/mare as a good guardian until the foal is weaned. The seller agrees to maintain good communication with the buyer regarding the weaning and delivery of the foal. The foal must be at least 150 days old at the time of weaning.
The delivery costs of foals/mares are the responsibility of the buyer.
If the buyer refuses to proceed with collection within the aforementioned timeframe, or if they demonstrate negligence in providing the necessary information or instructions for collection, the pony/ponies are kept by E-Shetlands at the expense of the buyer (but for a maximum of 90 additional days). The buyer is then required to reimburse E-Shetlands for all additional costs (including transportation fees, accommodation, and maintenance fees). After this period, the pony/ponies become the property of E-Shetlands, and the buyer can no longer take possession of them or demand their return.
10. Limitation of Liability of E-Shetlands
E-Shetlands provides a service that facilitates the connection between the bidder/buyer and the consignor/seller through its online auction platform (website).
E-Shetlands is only responsible for the proper and normal functioning of its website (the platform). E-Shetlands does not assume any responsibility regarding the content, actual condition, and state of the lots.
E-Shetlands strives to secure its website to the best of its abilities. However, E-Shetlands cannot be held liable for damages resulting from viruses in any form, or bugs in any program or application that are incompatible with the user's infrastructure, as well as events beyond the control of E-Shetlands, or any other damage resulting from the use of its website.
E-Shetlands is not responsible for damages incurred in the context of online auctions that result from computer malfunctions and failures of any kind, including any malfunction or failure of computer hardware and/or software, technical issues, overload, etc. Therefore, E-Shetlands is not liable, in particular, for damages caused if the bidder/buyer is unable to place a bid due to a computer malfunction. In such cases, E-Shetlands will decide whether to award the lots to bidders who were able to access the website or to re-auction them.
E-Shetlands is not liable for any indirect or consequential damages, or any other damages of any kind. E-Shetlands is also not responsible for special damages, including (but not limited to) loss of information, loss of profits, damages resulting from a business interruption, or any other monetary damages.
E-Shetlands is not responsible for any incorrect description and/or indication in the catalog or on the website. Any errors or incomplete information in the description and/or indication cannot result in the termination of the contract or sale. All descriptions and/or indications are purely indicative, as an incorrect description and/or indication in the catalog or on the website does not impose liability on E-Shetlands. Any information regarding the operation or other commercial specifications is purely indicative, without any warranty or liability for E-Shetlands.
The buyer collects or arranges for the collection of the lots at their own expense and at their own risk. Under no circumstances can E-Shetlands be held responsible for any (physical) damage suffered by a third party.
The bidder/buyer is responsible for verifying the accuracy of the information communicated via email during live or online auctions. Therefore, the bidder/buyer cannot hold E-Shetlands liable for any technical errors or failures that occur during email exchanges for information communication during live or online auctions.
The bidder/buyer is deemed to have thoroughly examined the lots. By placing a bid, the bidder/buyer explicitly acknowledges and confirms that they have accepted the actual condition of the lot.
All lots are sold in the condition they are in, including any visible and hidden defects. E-Shetlands disclaims any liability arising from hidden or apparent defects in the lots. Only the seller is responsible for the description of the lots and is subject to a warranty of conformity towards the buyer.
Each bidder/buyer, whether a legal entity or an individual, is deemed to have purchased the lot in their own name and for themselves, and therefore assumes full responsibility. The buyer remains personally responsible for the payment of the lots awarded to them in any capacity.
Contrary to the statutory limitation periods, the limitation period for all actions and defenses against E-Shetlands and its authorized representatives for the execution of a contract is one year.
Any complaint must be made in writing within 24 hours of the auction. After this period, no further complaints will be accepted. The customer is advised to systematically mention the date and invoice number. Filing a complaint does not exempt the customer from their payment obligation.
E-Shetlands is not responsible for third party websites, links to third-party websites, and the content of third-party websites featured on its own website. The placement of links by E-Shetlands does not imply endorsement of their content.
Except in cases of willful misconduct or gross negligence on the part of E-Shetlands, the company is not liable for any damages as mentioned in this article.
The aforementioned situations cannot in any way lead to any financial compensation for the member or third parties.
11. Absence of the animal
For any selected subject listed on the website that is not available for sale for any reason (e.g., the pony being presented at another auction), a compensation fee of €300 will be required, unless a veterinary certificate certifying the absolute impossibility of selling the animal is provided (e.g., death, accident, serious illness). The seller must provide a veterinary certificate and a sworn statement attesting to the facts.
E-Shetlands rejects any responsibility in the event of the pony not being presented to the Buyer or not being presented for sale.
12. Intellectual Property Rights
The elements of the website are the exclusive property of E-Shetlands unless otherwise stated.
In the context of advertising operations that E-Shetlands deems necessary to promote the sale, E-Shetlands will be authorized to use the image of the Lots, to which the seller expressly consents.
The seller expressly declares that they have obtained all necessary authorizations regarding the production of the images they transmit to E-Shetlands, particularly in terms of image rights.
E-Shetlands cannot be held liable in any way in this regard, and the Seller undertakes to indemnify E-Shetlands if necessary.
Furthermore, E-Shetlands will be the owner of any photograph appearing on its website, whether they are photographs taken during events organized by E-Shetlands and taken by the company itself or photographs provided by the seller.
The seller also agrees that E-Shetlands may use these photographs in the future to promote its activities.
The User may download, view, and print a copy of any content on the website solely for non-commercial purposes and exclusively for their personal needs.
Any other use is prohibited and constitutes infringement. The User is specifically not authorized to present to the public, reproduce outside the family circle, modify, use elements of the Site in a derivative work, distribute, sell any content of the Site, attempt to access the source code of the Site or perform reverse engineering. However, the Site undertakes to provide, within a reasonable period, any element necessary for the interoperability of the Site upon a motivated request from the User.
It is strictly prohibited to use or reproduce the name "E-Shetlands" and/or its logo, alone or in combination, in any capacity, particularly for advertising purposes, without the prior written consent of E-Shetlands. Similarly, downloading or any other form of copying of software or information on the Site confers no rights to them. It is strictly prohibited to reproduce them (in whole or in part), transmit them (electronically or otherwise), or modify them. It is also prohibited to use the Site for public or commercial purposes without the prior written authorization of E-Shetlands.
In the event of a User's breach of its obligations, E-Shetlands reserves the right to take legal action to stop such actions and seek redress.
All intellectual property rights to the services, projects, designs, logos, documentation, software, data, and any other material developed and/or used to prepare or execute a contract between E-Shetlands and the bidder/buyer, or arising from it, are exclusively held by E-Shetlands.
13. Privacy Protection - Processing of Personal Data
In the context of their contractual relationship, the parties undertake to comply with the current regulations applicable to the processing of personal data, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27/04/2016 (GDPR).
By providing their consent when entering or disclosing their personal data or when entering into a contract with E-Shetlands, Users consent to the collection and use of their personal data as defined below.
E-Shetlands collects personally identifiable information (such as name, address, telephone number, email address, the total number of visits to the Site, number of visitors on each page of the site, domain names of visitors' Internet service providers, IP addresses, cookies, etc.).
E-Shetlands uses User data for business management purposes, promotion of its products and services, and to generate usage statistics for the site, for a period of 5 years.
Right of access: Users have the right to request at any time whether their data has been collected, for how long, and for what purpose.
Right of rectification: Users have the right to request the correction or completion of their inaccurate or incomplete data at any time upon simple request.
Right to lodge a complaint: Users can file a complaint with the data protection authority.
14. Applicable Law and Jurisdiction
This Regulation is subject to Belgian law.
In the event that E-Shetlands' liability is invoked for any reason, E-Shetlands and Users agree that the amount of such liability shall never exceed the amount of E-Shetlands' compensation.
Any dispute relating to the conclusion, validity, interpretation, or performance of this contract shall be governed by Belgian law and shall be under the exclusive jurisdiction of the courts of Tournai.
15. Miscellaneous Provisions
E-Shetlands has no obligation to intervene in disputes between Sellers and Buyers. In the event of a dispute, E-Shetlands encourages the Seller and the Buyer to come to an amicable solution.
E-Shetlands reserves the right to modify these auction terms and conditions. In such cases, the new conditions shall be applicable upon their publication on the website www.e-shetlands.com.