General Terms and Conditions of Use of Dome Auctions B.V.
A. General
1. Scope
1.1. These General Terms and Conditions of Use of Dome Auctions B.V., Rokin 92 – 96, NL-1012 KX AMSTERDAM, Chamber of Commerce of Amsterdam no. 96574380 (hereinafter referred to as "Dome"), govern the contractual relationship between Dome, its clients or sellers as well as the users of the services provided by Dome. "User" or "Buyer" means the legal or natural person who uses Dome’s services, uses its website and participates in auctions. Anyone who uses Dome’s services on behalf of a legal entity thereby confirms that they are allowed to act on its behalf.
1.2. These General Terms and Conditions shall also apply to the legal relationship between a Seller and Buyer if a sale contract has been mediated between these parties by means of services provided by Dome.
1.3. By using the services of Dome or by concluding a sale contract between a Seller and Buyer, these General Terms and Conditions of Use are accepted as binding.
1.4. These Terms and Conditions of Use are drafted in several languages. In the event of any contradiction or difference of interpretation, only the English version shall prevail.
2. Services of Dome
2.1. Dome operates an online platform or website (hereinafter referred to as the "Platform") through which the sale of items (one or more items or goods that are brokered for sale individually or collectively under a Lot number in an online auction, hereinafter referred to as "Lot(s)") are auctioned or sold on behalf and at the risk of a client (hereinafter referred to as the "Seller"). Dome acts as an intermediary agent for a Seller and mediates or promotes the conclusion of a sale contract for Lots between the Seller and a Buyer. In addition, Dome will mediate between the Seller and the Buyer in the event of complaints and may also carry out other activities in the interest of its client or the Sellers and Buyers of Lots.
2.2. Dome shall never become the owner of brokered Lots or a party to a sales contract brokered between a Seller and Buyer.
2.3. Dome can be commissioned by a Seller to collect the purchase price receivables from the brokered sales contracts. Dome acts exclusively in the name and for the account of the Seller.
2.4. Unless these General Terms and Conditions of Use contain any deviating provisions, the statutory provisions (including those relating to the sale contract, Art. 184 et seq. CO; auction, Art. 229 et seq. CO; and the brokerage contract, Art. 412 et seq. CO) shall apply. In addition, Dome may declare other terms and conditions to be applicable. In the event of any contradiction, the provisions of these General Terms and Conditions of Use shall prevail.
B. Terms of Use
3. Principles for the use of Dome's services or online auction platform
3.1. The use of the Platform and the registration of a user account are only permitted to natural persons aged 18 and over and legal entities. Users must provide complete and truthful information about their identity, address and other required information when registering.
3.2. Dome reserves the right to refuse registration without giving reasons or to block or delete existing user accounts, in particular in the event of suspicion of misrepresentation, abuse or violations of the law.
3.3. Business users must register accordingly and provide all legally required information, including a valid company name and their tax number, if applicable.
3.4. The Terms of Use are established upon complete registration by the User and confirmation by Dome. By registering, the User accepts these Terms of Use as binding, which apply to any use of the Platform. After successful registration, the User will receive a confirmation e-mail activating their account. An "Account" is the combination of username and password that allows a User to follow auctions, place bids and manage their transactions.
3.5. The User agrees to behave fairly and responsibly on the Platform and to refrain from any technical or fraudulent manipulation. In particular, (but not exhaustively) the following are prohibited:
- Multiple accounts to circumvent rules or artificially influence auctions.
- False information about identity, creditworthiness or bidding behavior.
- Influencing auctions through collusion.
- Damage to the Platform or other Users due to unlawful acts.
3.6. The User is fully responsible for all actions taken with their Account. Username and password must be treated strictly confidential and may not be passed on to third parties. If there is a suspicion that unauthorized persons have access to the account, Dome must be informed immediately. The User indemnifies Dome against any claims by third parties arising from any unauthorized or improper use of their Account.
3.7. The User guarantees that all information provided during registration is correct and up-to-date. Any changes to personal or business information must be promptly updated in the Account or notified to Dome in writing.
3.8. Dome stores personal data in accordance with the applicable data protection regulations (e.g. GDPR or Swiss FADP). By registering, the User agrees to the processing and storage of their data for the purpose of using the platform. Personal data will only be passed on to third parties if this is necessary for the execution of the contract or if there is a legal obligation. Dome's privacy policy also applies.
3.9. The content of the Platform, including texts, images and software, is protected by copyright. Without express written permission, it is prohibited to reproduce, distribute or make accessible by technical means such as deeplinking or scraping any content of the website or parts thereof. Dome reserves the right to prosecute violations and demand damages.
3.10. The Platform, user accounts and all available features are provided on an "as-is" basis. Dome does not guarantee the continued availability or immutability of any feature. Technical defects or malfunctions that may occur in software will be rectified promptly if possible. However, Dome reserves the right to restrict or temporarily suspend access to the Platform or individual features at any time without notice. This may be necessary in particular for maintenance work, updates, technical adjustments or improvements. There is no entitlement to compensation or damages due to such measures for Users or third parties.
3.11. Dome takes reasonable precautions to protect its systems from data loss, unauthorized access, and misuse. Appropriate technical and organizational security measures are taken for this purpose. Liability for loss of data, damage to files, unauthorized access to computer systems or files as well as damage caused by malware is excluded to the extent permitted by law. Dome assumes no responsibility for any impact arising from the use of the Platform.
3.12. The Platform may contain references or links to external websites. Dome has no control over such content and assumes no liability for it.
3.13. By using Dome's services, you consent to electronic communications with the understanding that the security or accuracy of e-mail transmissions cannot be guaranteed, as information may be intercepted, altered, damaged, lost, destroyed, or delayed, or may contain viruses and other malicious programs. Therefore, Dome cannot be held liable for any errors, damages or incomplete content of such messages resulting from the transmission of e-mail (or other electronic means of communication).
C. Auction / Sale contract between Seller and Buyer
4. Conditions of participation
4.1. Participation in an auction is only permitted for natural or legal persons who are of legal age and have legal capacity. Persons who are under comprehensive guardianship or who do not have legal capacity for other reasons are excluded from participation.
4.2. Participation may be subject to certain conditions, such as registration or payment of a fee. Dome may decide in its sole discretion whether to allow a registered User to bid.
4.3. On request, the User must prove his creditworthiness. If this proof is not provided, Dome may exclude the User from the auction.
4.4. The User is obligated to comply with the applicable laws regarding anti-money laundering and counter-terrorism financing and to provide related disclosures.
5. Subject matter of auction and description of the Lots
5.1. The description of the Lots is done to the best of our knowledge and belief and both Dome and the Seller strive for the greatest possible accuracy of the information. However, neither Dome nor the Seller guarantees the accuracy or completeness of the information. The description is based on information provided by the Seller or third parties that cannot be verified by Dome. Incorrect or inaccurate information can be corrected at any time during an auction without this giving rise to any rights for the User or Buyer. Liability for incorrect or incomplete information is excluded.
5.2. Samples, models or examples are for guidance only. The actual characteristics of the Lots may differ from this, without claims being derived from this.
5.3. A rescission or termination of the contract due to deviations or incompleteness in the description of Lots is excluded.
5.4. Pipelines, cables or other installations in connection with a Lot are only part of the auction subject if this is expressly stipulated in the special auction conditions.
5.5. Dome is free to organise the auction and may, in particular, also provide for minimum prices or other special conditions in relation to individual Lots.
6. Examination of the Lots
6.1. If a viewing appointment is offered by Dome or the Seller, it will be published on the website. The User then has the obligation and opportunity to check the Lot before submitting an offer.
6.2. The Lots are usually second-hand goods and are auctioned in the same condition as they are at the time of handover or acceptance. In the unlikely event that defects have arisen during the period between the auction and the handover, defects must be reported immediately, but no later than within 5 calendar days after acceptance, otherwise the Lot is considered approved.
6.3. Entering viewing sites is at your own risk. Instructions from Dome, the Seller or commissioned third parties must be followed. Neither Dome nor the Seller are liable for any damage resulting from entering.
7. Auction procedure
7.1. The duration and other specifications of an auction are indicated on the Platform. Dome reserves the right to extend, prematurely end or cancel auctions, especially in the event of technical malfunctions.
7.2. Users are obliged to follow instructions given by Dome in connection with an auction or its settlement.
7.3. Participation in an online auction is subject to knowledge and acceptance of technical restrictions. Dome assumes no liability for damages resulting from the use of the Platform, technical malfunctions or incorrect information, unless there is gross negligence or intent.
7.4. Dome reserves the following rights: - not to recognize or reject offers; - exclude Users from the auction; - group, separate or remove Lots from auction; - cancel, modify or extend the auction; - correct obvious errors; without Users being able to derive claims from this.
7.5. Dome may require collateral or advance payment prior to or during the auction as a condition for accepting an offer or entering into a sale contract.
8. Offer
8.1. The User can submit an offer for a Lot on the Platform. Each offer is binding, irrevocable and unconditional and thus constitutes a binding offer to purchase the Lot from the Buyer to the Seller. The contract is concluded exclusively upon acceptance of the offer (knockdown) by the Seller or through a corresponding act of mediation by Dome.
8.2. Offers must be submitted in accordance with the specifications provided on the Platform. The auction can be conducted in the form of a static offer or an automated offer. In the case of automated offers, the system increases the User's offer by the smallest possible amount, provided that a third party submits a higher offer and the maximum offer set by the User is not exceeded. An automated offer can only be cancelled by submitting a static offer in the amount of the current maximum offer.
8.3. If a Lot is offered for auction together with other Lots as a combination, this will be indicated on the detail page of the respective Lot. In this case, offers are possible for the individual Lots as well as for the entire combination Lot. The allocation of individual Lots will only take place if the sum of the highest offers for the individual Lots exceeds the highest offer for the combination Lot. The combination Lot, on the other hand, will only be allocated if the highest offer for the combination exceeds the total amount of the highest individual offers.
8.4. A consignor/Seller is entitled to submit offers on its own Lot(s) either directly or through an agent. This can be done in particular to achieve a minimum price. This applies to all auctions conducted by Dome unless explicitly stated otherwise.
8.5. Dome and/or the Seller are entitled to reject offers without giving reasons.
9. Acceptance (knockdown) and conclusion of the contract
9.1. The sale contract between the Seller and the Buyer is concluded by the Seller declaring the acceptance (knockdown), whereby this declaration can be made in the name and on behalf of the Seller by Dome as representative.
9.2. Within 48 hours of the auction closing (not counting Saturdays, Sundays and local public holidays), the Buyer will receive a confirmation e-mail on behalf of the Seller. This notice informs the Buyer that his offer has been accepted and the purchase price is due. If the Buyer does not receive confirmation within the specified period, his offer has not been considered. Dome may also award an offer on behalf of the Seller under conditions precedent or resolute.
9.3. If the Seller is a bankruptcy office, an insolvency administrator or an authorized representative of bankruptcy, insolvency or restructuring proceedings, the purchase is made under the condition that any necessary approval, e.g. from the competent (bankruptcy) office, is not refused.
9.4. Each User who submits an offer is considered a bidder for himself and is personally obliged to fulfill the obligations resulting from the sales contract.
9.5. A sale contract is concluded exclusively between Seller and Buyer. Dome acts only as an intermediary or direct representative and does not become a party to a sale contract. If Dome is commissioned to collect purchase price claims, this will be done exclusively in the name and for the account of a Seller.
9.6. The sales contract includes the description of the Lot (condition, characteristics, limitations) published on the Platform, the purchase price determined by the offer and the acceptance (knockdown), any special auction conditions and, unless otherwise specified therein, these General Terms and Conditions of Use.
9.7. If no auction takes place, a sale contract can be concluded by accepting an offer made by the Seller (or of Dome acting on a Seller's behalf).
10. Payment and processing
10.1. After the conclusion of the sale contract, the Buyer will receive an invoice or request for payment and is obliged to pay it within 48 hours of receipt of this notification. If Dome has been commissioned by the Seller to collect the purchase price claims, Dome will issue an invoice. By doing so, Dome acts exclusively in the name and for the account of the Seller.
10.2. The invoice amount is made up of the agreed purchase price, a commission from Dome and VAT. In exceptional cases, necessary dismantling costs may also be charged, whereby such costs will be communicated during the auction and form part of the purchase price.
10.3. Payment must be made in the specified currency. The obligation to pay shall only be discharged upon full settlement of all amounts owed to both the Seller and Dome.
10.4. The Buyer is obliged to provide appropriate security for the fulfilment of his payment obligation upon first request.
10.5. In the event of late payment after 48 hours, the default occurs without the need for a further reminder from the Seller or Dome to the Buyer. If the Buyer is in default, he must pay damages due to late performance and is also liable for coincidence. Furthermore, he is liable for the reasonable costs incurred by the Seller or Dome in demanding payment.
10.6. In the case of an auction, the Buyer must take into account other costs and taxes in addition to the offer price, including property and sales taxes, notarial and financing costs, administrative fees and any environmental taxes or other charges provided for by law. These costs are not included in the offer and must be paid additionally by the Buyer.
10.7. The Buyer waives the right to postpone his payment obligation or to offset it against any counterclaims.
11. Collection, handover, and transfer of ownership
11.1. As soon as the Buyer has fulfilled all payment obligations, he may collect the auctioned Lots at the specified place and time upon presentation of a valid proof of identification or a corresponding power of attorney, if collected by a third party. The collection must take place no later than the date specified in the auction conditions. In certain cases, it can be specified that some Lots can only be picked up after other Lots have been collected.
11.2. The Buyer is responsible for the timely and correct collection of the auctioned Lots. The organization and coordination of the collection time is the responsibility of Dome and/or the Seller and their instructions must be followed.
11.3. The Buyer or a third party commissioned by him is obliged to inspect the Lots in detail upon acceptance and to report any defects, as described in article 6.2, in writing without delay. If no immediate notification is made, the Lots are deemed to have been accepted in the actual condition.
11.4. If Buyer refuses to accept or fails to provide the necessary information or instructions for collection, Dome and/or Seller may store the Lots at Buyer's expense and risk and charge Buyer for the costs incurred. Later collection requires the payment of storage, administration and insurance costs.
11.5. The Buyer is responsible for complying with all regulations and legal provisions in connection with an export of the Lots. This includes, in particular, tax and customs regulations as well as obtaining the necessary permits. In transport and customs documents, the Seller and the Buyer must be identified as the sender and recipient respectively.
11.6. The transfer of ownership and benefit and risk takes place with the acceptance (knockdown) or conclusion of the sale contract, unless otherwise agreed in writing. Buyers are advised to insure the auctioned goods themselves.
11.7. If disassembly is required for collection and nothing else has been specified, this is the Buyer's responsibility. Without the express written consent of Dome and/or Seller, Buyer may not remove components that are not part of the purchased Lots. The Buyer is liable for any damage that occurs during dismantling and takeover and must indemnify Dome and/or the Seller against claims by third parties.
11.8. The use of your own means of transport or tools, including forklifts, is only permitted with the express permission of Dome and/or the Seller. The Buyer is responsible for the safe use of such tools and compliance with the relevant legal regulations and standards.
11.9. If an object cannot be handed over due to third-party rights or for other significant reasons, Dome or the Seller is entitled to cancel the sale contract. In this case, the Buyer will receive a refund of the payments already made.
11.10. In the case of the auction of Lots from bankruptcy or similar proceedings, the delivery may depend on actions of authorities or third parties, e.g. in connection with access to the Lots. Any delays caused by this are not the responsibility of Dome or the Seller and there is no liability for a delayed handover.
11.11. If a Lot that has not been collected prevents the collection of further Lots, the Buyer must remove it immediately upon request. Otherwise, Dome may arrange for storage or collection by third parties at the Buyer's expense.
11.12. The disposal of waste caused by the Buyer at the collection location is the responsibility of the Buyer, unless otherwise expressly agreed with Dome and/or the Seller.
11.13. Entering the buildings or grounds for collection is entirely at the Buyer's own risk. The Buyer must follow the instructions of Dome, the Seller or commissioned third parties. Any liability of Dome and the Seller for damage incurred by the Buyer upon entry or collection is excluded.
11.14. By way of derogation from the preceding provisions, delivery may be made to the Buyer's address, provided that this has been agreed in writing in advance. In this case, ownership or benefit and risk pass to the Buyer upon delivery.
11.15. Agreed delivery times are non-binding, unless expressly and in writing otherwise agreed.
11.16. The Seller is entitled to hand over the purchased Lots in several partial deliveries.
11.17. Personal or business data of the Seller or third parties is not part of the sale contract. If such data is contained in a Lot, the Buyer must inform Dome immediately and, upon request, delete the data or return it to the Seller. Unauthorized use or disclosure of this data is prohibited.
12. Warranty and Disclaimer
12.1. The Lots will be sold in their current condition, ‘as is, where is’. Neither Dome nor the Seller warrants any visible or latent defects or warranties as to completeness, documentation, numbering, operability, usability, merchantability, existing rights of third parties or the possibility of transfer to third parties.
12.2. Defects of any kind or unfulfilled expectations of the Buyer or third parties do not entitle the Buyer to compensation, cancellation of the contract or set-off, unless mandatory statutory provisions provide otherwise. It is assumed that the Buyer has carefully checked the auctioned Lot before buying.
12.3. Any liability of Dome and/or the Seller is excluded within the meaning of Art. 192 and 199 CO. Liability only applies in the event of intentional or fraudulent concealment of defects.
12.4. Liability for consequential damages is excluded, in particular for loss of profit, business interruption or loss of value of the auctioned Lot.
12.5. If a third party asserts a claim to a Lot based on ownership rights or other legitimate grounds, the Buyer shall hold the Lot on behalf of such third party and, upon Dome’s first request, either surrender it to the entitled party or reach an alternative agreement with them. If the Buyer returns the Lot intact, the purchase price paid will be refunded to him and the sale contract is deemed to be cancelled. Dome and/or the Seller are not obliged to pay any damages in this case.
12.6. Upon first request, the Buyer shall indemnify Dome and/or the Seller against all third-party claims resulting from the sale contract concluded between the Seller and the Buyer. In this case, the Buyer will fully indemnify Dome and/or the Seller.
13. Termination and sanctions
13.1. In the event of one of the following situations, the Seller is entitled to dissolve or terminate the sale contract by means of a written declaration to the Buyer, without being obliged to pay compensation.
- The Buyer fails to perform a contractual obligation, including but not limited to:
- Failure to pay the purchase price on time or incomplete;
- Failure to take over the Lot in time;
- Failure to provide the information or documentation necessary for the purchase;
- Failure to provide adequate security upon first request.
- Circumstances arise that give justified reason to doubt the Buyer’s solvency or ability to fulfill contractual obligations.
- There is an application for or the opening of insolvency proceedings, a debt restructuring agreement or comparable proceedings against the Buyer.
- Unforeseen circumstances for which the Seller is not responsible in relation to persons or material that disproportionately complicate or make impossible the performance of the Agreement.
- A legitimate interest of third parties in the removal of the Lot if, in the opinion of the Seller and/or Dome, removal by the Buyer would endanger a building or cause permanent damage.
- The occurrence of force majeure, including, but not limited to, fire, theft, natural disasters, strikes, wars, pandemics or governmental measures.
13.2. In the event of termination of the contract, the Seller may immediately resell the affected Lot to third parties.
13.3. In the event of termination of the contract in accordance with the above provisions, the sale contract or the transfer of ownership (if necessary) will be rescinded and any purchase price already paid for the auctioned Lots will be refunded to the Buyer. However, the Buyer remains obliged to pay the commission to Dome. In addition, the Buyer shall owe the Seller a lump sum compensation of 25% of its offer or the agreed purchase price to cover administrative, storage, insurance and transport costs as well as other expenses incurred by Dome and/or the Seller in connection with the rescission. The Seller and/or Dome also reserve the right to claim for further damages. If the purchase price of a Lot is less than CHF 150, no refund of the purchase price will be made to the Buyer and the entire purchase price will be forfeited in favor of the Seller within the meaning of the aforementioned regulation.
14. Complaints and dispute resolution
14.1. Dome is committed to the fair and transparent execution of all auctions and contractual sales processes. If a User, Buyer or Seller is not satisfied with a transaction or service provided by Dome, a structured complaints procedure is available to them. However, Dome is not obliged to take any action beyond the statutory or contractual obligations and will not respond to complaints without giving reasons.
14.2. Complaints must be submitted in writing by e-mail or via the contact form provided on the Platform. The complaint must contain the relevant information, in particular: - the name of the complainant; - the transaction or Lot number in question; - a detailed description of the ground of complaint; - relevant evidence or documents (e.g. correspondence, pictures, proof of payment).
14.3. Complaints must be submitted within 14 days of the occurrence of the event complained of.
14.4. Dome will acknowledge receipt of the complaint within 5 working days.
14.5. The review is carried out by an internal complaint management team, which may request additional information from the complainant.
14.6. Within 30 days of receipt of the complete complaint, Dome will communicate a decision. If a longer processing time is required, the complainant will be informed accordingly.
14.7. Possible results of complaint handling are: - Clarification and rectification of the problem; - Dismissal of the complaint with a statement of reasons; - Proposal of an alternative resolution (e.g. refund, partial refund, replacement).
14.8. If no amicable solution can be found, mediation can be carried out by an independent dispute resolution body or the parties can voluntarily agree on binding mediation. If an amicable solution cannot be found even then, the complainant must be referred to the courts.
D. Disclaimer
15. General
15.1. To the extent permitted by law, any liability on the part of Dome is excluded. Dome shall be liable only in cases of intentional misconduct, fraudulent concealment, or gross negligence.
15.2. Any potential claims by the Buyer against Dome and/or the Seller shall lapse within four weeks of the purchase or the provision of the Lot, unless otherwise provided by law.
16. Limitation of liability
16.1. The liability of Dome and/or the Seller for damages not excluded by these general or other special conditions is limited to the amount of the respective claim against Dome's liability insurance. If there is no insurance cover, the total liability towards the Buyer and/or other parties involved is limited to a maximum of CHF 5,000.
16.2. Dome is not liable for indirect or consequential damages, in particular loss of profit, business interruption or loss of value of the brokered Lot.
16.3. Without prejudice to the foregoing, the following shall apply in particular, but not exhaustively: - There is no liability for damage to persons or property that occurred before the end of the auction. - There is no liability for damage caused by or in connection with the auctioned Lot, including its loss. - There is no liability for visible or hidden defects in the Lot, unless mandatory law stipulates otherwise. - There is no liability for non-compliance with legal or regulatory requirements by the purchased Lot. - There is no liability for damage caused by environmentally harmful or hazardous substances in or to the Lot. - There is no liability for damages caused by technical errors in the context of an online auction, in particular by software or hardware errors, viruses or unauthorized access. - There is no liability for damages due to incorrect, outdated or incomplete information on the Platform or linked websites. - There is no liability for any damages incurred by the Buyer arising from restricted rights of disposal, third-party ownership rights, or other legal encumbrances associated with the Lot.
E. Data protection
17. Dome uses (personal) data in accordance with its privacy policy, as published on their website.
F. Place of jurisdiction / Applicable law
18. Venue
The exclusive place of jurisdiction for all disputes, claims or other matters between a Buyer, Dome and/or a Seller shall be the ordinary courts of the District of the City of Zurich, Switzerland.
19. Applicable law
All contractual relationships between a Buyer, Dome and/or Seller are subject to Swiss law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
G. Final provisions
20. Severability clause
If any provision of these General Terms and Conditions of Use is invalid or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a provision that comes as close as possible to its meaning and purpose.
21. Adaptations
Dome is entitled to unilaterally amend these General Terms and Conditions of Use. Users have the right to object within 30 days, otherwise the changes will be deemed accepted.
22. Deviations
Deviations from these General Terms and Conditions of Use shall only be valid if confirmed in writing by an authorized representative of Dome.
Dome Auctions B.V.
Rokin 92–96
NL-1012 KZ AMSTERDAM
Version 02.04.2025