General Terms and Conditions of Business and Use of Dome Auctions B.V.

A. General information

1. Scope of application

1.1. These General Terms and Conditions of Business and Use Dome Auctions B.V. [further details] (hereinafter "Dome") govern the contractual relationship between Dome, its clients or sellers and the users of the services provided by Dome. The term "user" or "buyer" refers to the legal or natural person who makes use of Dome's services, uses its website and participates in auctions. Anyone using Dome's services on behalf of a legal entity thereby confirms that they are authorized to act on its behalf.
1.2. Furthermore, these General Terms and Conditions also apply to the legal relationship between a seller and buyer, insofar as a purchase agreement between these parties has been brokered by services provided by Dome.
1.3. By using the services of Dome or by concluding a purchase contract between a seller and a buyer, these General Terms and Conditions of Business and Use are accepted as binding.

2. Services from Dome

2.1. Dome operates an online platform or website through which the sale of items (one or more items or goods that are offered for sale individually or collectively under a lot number in an online auction, hereinafter referred to as "lot(s)") are auctioned or sold (hereinafter referred to as "Platform") on behalf of and for the account and risk of a customer (hereinafter referred to as "Seller"). Dome acts as an intermediary broker for a Seller and mediates or facilitates the conclusion of a purchase contract for lots between the Seller and a Buyer. Furthermore, Dome will mediate between the seller and buyer in the event of complaints and may also carry out other activities in the interests of its client or the sellers and buyers of lots.
2.2. At no time does Dome become the owner of brokered lots or a party to a purchase agreement brokered between a seller and buyer.
2.3. Insofar as these General Terms and Conditions of Business and Use do not contain any deviating provisions, the statutory provisions (e.g. on the purchase contract, Art. 184 ff. CO; on the auction, Art. 229 ff. OR; and the brokerage contract, Art. 412 ff. OR) apply. In addition, Dome may declare further conditions to be applicable. In the event of contradictions, the provisions of these General Terms and Conditions of Business and Use shall take precedence.

B. Terms of use

3. Principles for the use of Dome's services and online auction platform.

3.1. Only natural persons aged 18 and over and legal entities are permitted to use the platform and register a user account. When registering, users must provide complete and truthful information about their identity, address and other required information.
3.2. Dome reserves the right to refuse registrations without giving reasons or to block or delete existing user accounts, in particular in the event of suspected misrepresentation, misuse or violations of the law.
3.3. Commercial users must register as such and provide all legally required information, in particular a valid company name and, if required, their tax number.
3.4. The Terms of Use come into effect upon complete registration by the user and confirmation by Dome. By registering, the user accepts these Terms of Use as binding, which apply to all use of the platform. After successful registration, the user will receive a confirmation email activating his/her account. An "account" is the combination of user name and password that enables a user to track auctions, submit bids and manage their transactions.
3.5. The user undertakes to behave fairly and responsibly on the platform and not to carry out any technical or fraudulent manipulations. The following are prohibited in particular (but not exclusively)
Multiple accounts to circumvent rules or to artificially influence auctions.
Misrepresentations regarding identity, creditworthiness or bidder behavior.
Influencing auctions through collusion or artificial bidding (shill bidding).
Damage to the platform or other users due to illegal activities.
3.6. The user bears full responsibility for all actions taken with his/her account. The user name and password must be treated as strictly confidential and may not be disclosed to third parties. If there is any suspicion that unauthorized persons have access to the account, Dome must be informed immediately. The user shall indemnify Dome against any third-party claims arising from unauthorized or improper use of his/her account.
3.7. The user guarantees that all information provided during registration is correct and up-to-date. Changes to personal or business data must be updated immediately in the account or communicated to Dome in writing.
3.8. Dome stores personal data in accordance with the applicable data protection regulations (e.g. GDPR or Swiss DPA). 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 to do so. Dome's data protection policy also applies.
3.9. The contents of the platform, including texts, images and software, are protected by copyright. Without express written permission, it is forbidden to reproduce, pass on or make accessible by technical means such as deeplinking or scraping the contents of the website or parts thereof. Dome reserves the right to prosecute infringements and to claim damages.
3.10. The platform, the user account and all available functions are provided "as is". Dome does not guarantee the permanent availability or immutability of certain functions. Technical defects or malfunctions that may occur in software will be rectified as soon as possible. However, Dome reserves the right to restrict access to the platform or individual functions at any time and without prior notice or to temporarily put them out of operation. This may be necessary in particular for maintenance work, updates, technical adjustments or improvements. Neither users nor third parties are entitled to compensation or damages as a result of such measures.
3.11. Dome takes appropriate precautions to protect its systems against data loss, unauthorized access and misuse. Suitable 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 and damage caused by malware is excluded to the extent permitted by law. Dome accepts no responsibility for any consequences arising from the use of the platform.
3.12. The platform may contain references or links to external websites. Dome has no control over their content and assumes no liability for them. 3.13. By using Dome's services, you consent to electronic communication with the understanding that the security or accuracy of e-mail transmissions cannot be guaranteed, as information may be intercepted, altered, damaged, lost, destroyed, delayed or contain viruses or other malware. Dome can therefore accept no liability for any errors, damage or incomplete content of such messages resulting from e-mail transmission (or other electronic means of communication).

C. Auction / purchase agreement between seller and buyer

4. Conditions of participation

4.1. Only legal or natural persons of legal age and legal capacity are permitted to participate in an auction. Persons who are under comprehensive guardianship or who are not legally competent 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 at its own discretion whether to allow a registered user to bid.
4.3. Upon request, the user must provide proof of his creditworthiness. If this proof is not provided, Dome may exclude the user from the auction.
4.4. The user is obliged to comply with the statutory provisions on combating money laundering and preventing the financing of terrorism and to provide the relevant information.

5. Object of the auction and description of the lots

5.1. The description of the lots is given in good faith and both Dome and the seller make every effort to ensure that the information is as accurate as possible. 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 which 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 properties of the lots may deviate from this without any claims being derived from this.
5.3. Rescission or termination of the contract due to deviations or incompleteness in the description of lots is excluded.
5.4. Pipes, cables or other connections in connection with a lot are only part of the auctioned item if this is expressly stipulated in the special auction conditions.
5.5. Dome is free to determine the structure of the auction and may in particular also stipulate 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, this will be published on the website. The user then has the opportunity to inspect the lot before submitting an offer.
6.2. A buyer is obliged to inspect the purchased lot immediately upon acceptance. The lots are usually used goods and are auctioned in the condition in which they are at the time of handover or acceptance. Defects must be reported immediately, but at the latest within 5 days of acceptance, otherwise the lot shall be deemed approved.
6.3. Visitors enter the sites at their own risk. Instructions from Dome, the seller or authorized third parties must be followed. Neither Dome nor the seller shall be liable for any damage arising from entering the site.

7. Auction procedure

7.1. The duration and other specifications of an auction are specified on the platform. Dome reserves the right to extend, prematurely terminate or cancel auctions, in particular in the event of technical faults.
7.2. Users are obliged to follow instructions issued by Dome in connection with an auction or its processing.
7.3. Participation in an online auction is subject to knowledge and acceptance of technical limitations. Dome accepts no liability for damages resulting from the use of the platform, technical malfunctions or incorrect information, provided there is no gross negligence or intent.
7.4. Dome reserves the following rights;
not to accept or reject offers;
exclude users from the auction;
combine, separate or remove lots from the auction;
to cancel, change or extend the auction;
correct obvious errors; without users being able to derive any claims from this.
7.5. Dome may demand securities or advance payments before or during the auction before an offer is accepted or a purchase contract is concluded.

8. Offer

8.1. The user can submit an offer for a lot on the platform. Each offer is binding, irrevocable and without reservation and thus constitutes a binding offer to purchase the lot from the buyer to the seller. The contract is concluded exclusively by acceptance of this offer (acceptance of bid) by the seller or a corresponding mediation by Dome.
8.2. Bids must be submitted in accordance with the specifications given on the platform. The auction can be carried out in the form of a static bid or an automated bid. In the case of automated bids, the system will increase the user's bid by the lowest possible amount if a third party submits a higher bid and the maximum bid set by the user is not exceeded. An automated bid can only be canceled by submitting a static bid in the amount of the current maximum bid.
8.3. If a lot is offered for auction together with other lots as a combination, this will be indicated on the details page of the respective lot. In this case, bids are possible for the individual lots as well as for the entire combination lot. Individual lots will only be allocated if the sum of the highest bids for the individual lots exceeds the highest bid for the combination lot. The combination lot, on the other hand, will only be awarded if the highest bid for the combination exceeds the total amount of the highest individual bids.
8.4. A consignor/seller of a lot is entitled to submit bids on his own lots himself or through an authorized representative. This can be done in particular to achieve a minimum price or for market pricing. This shall apply to all auctions conducted by Dome if not marked accordingly.
8.5. Dome and/or the seller are entitled to reject offers without giving reasons.

9. Award and conclusion of contract

9.1. The purchase agreement between the seller and the buyer shall be concluded by the seller declaring acceptance of the bid, whereby this declaration may be made in the name of and on behalf of the seller by Dome as representative.
9.2. Within 48 hours of the auction closing (excluding Saturdays, Sundays and local public holidays), the buyer will receive a confirmation email on behalf of the seller. This notification informs the buyer that his offer has been accepted and that the purchase price is due. If the buyer does not receive a confirmation within the aforementioned period, his offer has not been considered. Dome may also accept an offer subject to suspensive or resolutory conditions on behalf of the seller.
9.3. If the seller is a bankruptcy office, an insolvency administrator or an authorized representative in bankruptcy, insolvency or restructuring proceedings, the purchase is subject to the condition subsequent that any necessary approval, e.g. from the competent (bankruptcy) office, is not refused.
9.4. Every user who submits an offer is considered to be a bidder for himself and is personally obliged to fulfill the obligations resulting from the purchase contract.
9.5. A purchase contract is concluded exclusively between the seller and the buyer. Dome acts only as an intermediary or direct representative and does not become a party to a purchase contract.
9.6. The purchase contract includes the description of the lot published on the platform (condition, features, restrictions), the purchase price determined by the bid and knockdown, any special auction conditions and, unless otherwise stipulated therein, these general terms and conditions.
9.7. If no auction takes place, a purchase contract can be concluded by an offer being accepted by the seller (or by Dome on behalf of the seller).

10. Payment and processing

10.1. After conclusion of the purchase contract, the buyer will receive an invoice or request for payment and is obliged to pay this within 48 hours of receipt of this notification. The invoice amount consists of the agreed purchase price, a commission from Dome and VAT. Payment must be made in the specified currency. Exemption from the payment obligation shall only be granted by full payment of the amounts owed to the seller and Dome.
10.2. The buyer is obliged to provide appropriate security for the fulfillment of his payment obligation upon first request.
10.3. In the event of late payment after 48 hours, default shall occur without the need for a further reminder from the Seller or Dome to the Buyer. If the Buyer is in default, it shall be liable to pay damages for late performance and shall also be liable for accidental loss. Furthermore, the Buyer shall be liable for the reasonable costs incurred by the Seller or Dome to collect payment.
10.4. In the case of an auction, the buyer must take into account further costs and taxes in addition to the offer price, including property and sales taxes, notary and financing costs, administrative fees and any environmental levies or other statutory charges. These costs are not included in the offer and must be paid additionally by the buyer.
10.5. The buyer waives the right to defer 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. Lots must be collected by the date specified in the auction conditions at the latest. In certain cases, it may be stipulated that some lots can only be collected 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 appointed by him is obliged to inspect the lots thoroughly upon acceptance and to report any defects immediately in writing. If no immediate notification of defects is made, the lots shall be deemed to have been accepted in their actual condition.
11.4. If the Buyer refuses to take delivery or fails to provide the necessary information or instructions for collection, Dome and/or the Seller may store the lots at the Buyer's expense and risk and charge the Buyer for the costs incurred. Subsequent collection is subject to payment of storage, administration and insurance costs.
11.5. The buyer is responsible for compliance with all regulations and legal provisions in connection with the export of the lots. This includes in particular tax and customs regulations as well as obtaining the necessary permits. In transportation and customs documents, the seller and the buyer must be identified as sender and recipient respectively.
11.6. The transfer of ownership and of benefit and risk shall take place upon conclusion of the purchase contract, unless otherwise agreed in writing.
11.7. If disassembly is required for collection and nothing else has been agreed, this is the responsibility of the buyer. The Buyer may not remove any components that are not part of the purchased lots without the express written consent of Dome and/or the Seller. The Buyer shall be liable for any damage caused during disassembly and acceptance and shall indemnify Dome and/or the Seller against claims by third parties.
11.8. The use of own means of transportation or tools, including forklift trucks, is only permitted with the express permission of Dome and/or the seller. The buyer is responsible for the safe use of the means and compliance with the relevant legal regulations and standards.
11.9. If a property cannot be handed over due to third-party rights or for other significant reasons, Dome or the seller is entitled to cancel the purchase contract. In this case, the buyer will receive a refund of any payments already made.
11.10. In the case of the auction of lots from bankruptcy or similar proceedings, the handover may be dependent on actions by authorities or third parties, e.g. in connection with access to the lots. Neither Dome nor the seller shall be responsible for any delays resulting from this and there shall be no liability for any delay in handover caused by this.
11.11. If an uncollected lot prevents the collection of further lots, the buyer must remove it immediately upon request. Otherwise, Dome may arrange for storage or collection by a third party at the Buyer's expense.
11.12. The disposal of waste caused by the Buyer at the collection point is the responsibility of the Buyer, unless expressly agreed otherwise with Dome and/or the Seller.
11.13. Entering the buildings or premises for collection is exclusively at the buyer's own risk. The buyer must follow the instructions of Dome, the seller or authorized third parties. Any liability on the part of Dome and the seller for damage incurred by the buyer when entering or collecting the goods is excluded.
11.14. Notwithstanding the foregoing provisions, delivery may be made to the Buyer's address if this has been agreed in writing in advance. In this case, ownership or benefit and risk shall pass to the buyer upon delivery.
11.15. Agreed delivery times are non-binding unless expressly agreed otherwise in writing.
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 are not part of the purchase contract. If such data is contained in a lot, the buyer must inform the auction house immediately and, upon request, delete the data or return it to the seller. The unauthorized use or disclosure of this data is prohibited.

12. Warranty and exclusion of liability

12.1. The lots are sold in their current condition. Neither Dome nor the seller provide any warranty for visible or hidden defects or give any guarantees with regard to completeness, documentation, numbering, functionality, usability, marketability, existing third-party rights 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, contract cancellation or offsetting, unless mandatory statutory provisions provide otherwise. It is assumed that the buyer has carefully inspected the auctioned lot prior to purchase.
12.3. Any liability on the part of Dome and/or the seller is excluded within the meaning of Art. 192 and 199 CO. Liability shall only be assumed 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 third parties assert ownership rights or other legitimate claims to a lot, the buyer is obliged to keep the lot for these third parties and to return it to the entitled party at Dome's first request or to reach another agreement. If the buyer returns the lot intact, the purchase price paid shall be refunded and the purchase agreement shall be deemed to have been rescinded. Dome and/or the seller shall not be obliged to pay any compensation in this case.
12.6. The Buyer shall indemnify Dome and/or the Seller on first demand against all third-party claims arising from the purchase agreement concluded between the Seller and the Buyer. In this case, the Buyer shall fully indemnify Dome and/or the Seller.

13. Resignation and sanctions

13.1. In the event of one of the following situations, the seller is entitled to dissolve or terminate the purchase agreement by means of a written declaration to the buyer without being obliged to pay any compensation.
The Buyer fails to fulfill a contractual obligation, including but not limited to:
Failure to pay the purchase price on time or in full;
Failure to take delivery of the lot on time;
Failure to provide information or documents required for the purchase; failure to provide adequate security on first demand.
Circumstances become known which give rise to justified doubts as to the solvency or contractual compliance of the buyer.
There is an application for or the opening of insolvency proceedings, a composition agreement or comparable proceedings against the buyer.
Unforeseen circumstances relating to persons or materials for which the seller is not responsible and which make the fulfillment of the contract disproportionately difficult or impossible.
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 official measures.
13.2. In the event of termination of the contract, the seller may immediately resell the lot concerned to third parties.
13.3. In the event of termination of the contract in accordance with the above provisions, the purchase contract or the transfer of ownership (if necessary) shall be rescinded and any purchase price already paid for the auctioned lots shall be refunded to the buyer. However, the buyer remains obliged to pay Dome's commission. In addition, the Buyer shall owe the Seller a lump-sum compensation of 25% of its bid or the agreed purchase price to cover administrative, storage, insurance and transportation costs and other expenses incurred by Dome and/or the Seller in connection with the reversal. In addition, the Seller and/or Dome reserve the right to claim further damages. If the purchase price of a lot is less than CHF 150, no refund of the purchase price shall be made to the buyer and the entire purchase price shall be forfeited in favor of the seller within the meaning of the aforementioned provision.

14. Complaints procedure and dispute resolution

14.1. Dome attaches great importance to the fair and transparent processing of all auctions and purchase contracts. If a user, buyer or seller is not satisfied with a transaction or a service provided by Dome, a structured complaints procedure is available to them. Dome is not obliged to take any action beyond its legal 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
Name of the complainant;
The transaction or lot number concerned;
a detailed description of the reason for the 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 about.
14.4. Dome will confirm receipt of the complaint within 5 working days.
14.5. The review is carried out by an internal complaints management team, which may request additional information from the complainant.
14.6. Dome will communicate a decision within 30 days of receipt of the complete complaint. If a longer processing time is required, the complainant will be informed accordingly.
14.7. Possible results of the complaint processing are
Clarification and rectification of the problem,
Rejection of the complaint with reasons,
Offer of an alternative solution (e.g. refund, partial repayment, new placement).
14.8. If no amicable solution can be found, arbitration can be carried out by an independent dispute resolution body or the parties can voluntarily agree to binding mediation. If no amicable solution can be found, the complainant must be referred to the courts.

D. Disclaimer

15. General information

15.1. Liability on the part of Dome is excluded to the extent permitted by law and Dome shall only be liable in the event of intentional, fraudulent or grossly negligent conduct.
15.2. Any claims of the Buyer against Dome and/or the Seller shall lapse within four weeks after the purchase or after the lot has been made available, unless the law provides otherwise.

16. Limitation of liability

16.1. The liability of Dome and/or the seller for damages that have not been excluded by these general or other special conditions is limited to the amount of the respective claim against Dome's liability insurance. If no insurance cover exists, the total liability towards the buyer and/or other parties involved shall be 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. Notwithstanding the above provisions, the following shall apply in particular, but not conclusively:
There is no liability for damage to persons or property that occurred before the end of the auction.
There is no liability for damages caused by or in connection with the auctioned lot, including its loss.
There is no liability for visible or hidden defects of the lot, unless mandatory law prescribes 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 on the lot.
There is no liability for damages caused by technical errors in the context of an online auction, in particular due to 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 damages of the buyer in connection with restricted rights of disposal, property rights of third parties or other legal restrictions of the lot.

E. Data protection

17. Dome uses (personal) data in accordance with the privacy statement.

F. Place of jurisdiction / Applicable law

18. Place of jurisdiction

All disputes, claims or other matters between a Buyer, Dome and/or a Seller shall be subject to the exclusive jurisdiction of the ordinary courts of the district of Zurich, Switzerland.

19. Applicable law

All contractual relationships between a buyer, Dome and/or a 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

Should any provision of these General Terms and Conditions of Business and Use be invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a provision that comes as close as possible to its meaning and purpose.

21. Adjustments

Dome is entitled to unilaterally amend these General Terms and Conditions of Business and Use with a notice period of 30 days. Users have the right to object within this period, otherwise the changes are deemed to have been accepted.

22. Deviations

Deviations from these General Terms and Conditions of Business and Use are only valid if they have been confirmed in writing by an authorized representative of Dome.

DOME Version 1, 03.03.2025

Contact

Do you have questions about these User Terms and the use of our Platform? Please contact us at info@dome-auctions.com.

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