This translation can only be used in combination with and as explanation to the Dutch text. In the event of a disagreement or dispute relating to the interpretation of the English text, the Dutch text will be binding.

Masterpieces of Sport General terms and conditions of use

1. Parties

1. Masterpieces of Sport: Masterpieces of Sport B.V., registered with the Chamber of Commerce under number 88917533, established in Ede at Zonneoordlaan 59, 6718TL, operator of the online auction platform at www.masterpiecesofsport.nl or www.masterpiecesofsport.com, user of these general terms and conditions of use.

2. Further details of Masterpieces of Sport:

Website: www.masterpiecesofsport.nl and www.masterpiecesofsport.com

Email: support@masterpiecesofsport.nl

3. The User: the visitor to Masterpieces of Sport's website and/or online auction platform and/or the (potential) buyer of goods offered on Masterpieces of Sport's auction platform.

4. The Provider: the legal subject that offers goods via the online auction platform and concludes an agreement with a User when selling via the online auction platform.

2. Applicability and the offer

1. Masterpieces of Sport declares these general terms and conditions of use applicable to the visit or use of the website and/or online auction platform of Masterpieces of Sport and any offer of goods by providers on the online auction platform and, whether or not resulting therefrom, agreements entered into by the parties with each other. Insofar as their content has not been changed or more specific terms and conditions do not apply between the parties, these general terms and conditions shall also apply to future contractual relationships between the parties. Insofar as their content has not been changed or there are no more specific terms and conditions between the parties, these general terms and conditions shall also apply to future contractual relationships between the parties.

2. Deviations from these terms and conditions shall only apply insofar as they have been expressly agreed by the parties in writing.

3. General (purchase) terms and conditions of The User are expressly rejected.

4. Third parties involved by Masterpieces of Sport in the execution of the agreement can also rely on these general terms of use.

5. If one or more (part(s) of the provisions of these general user terms and conditions are null and void or annulled, the other provisions of these general user terms and conditions shall remain applicable. Parties will then consult to agree on new rules to replace the void or nullified provisions, in which the purpose and meaning of the void or nullified provisions will be expressed as much as possible.

6. Any offer made by a Provider is entirely and unconditionally non-binding and revocable, unless otherwise stated in writing by Masterpieces of Sport.

7. The prices stated on the website or in any other form of an offer are in Euros and subject to levies, surcharges and other factors.

8. All statements of size, colour and other display specifications of goods to be delivered are indications only. A minor deviation therefrom shall not lead to a breach of contract.

9. Obvious clerical errors and abusive mistakes in the offer are not binding towards Provider or Masterpieces of Sport.

10. A legal relationship regulated by these terms and conditions comes into being at the moment that The User has created an account on the Masterpieces of Sport website. These conditions then also apply, among other things, to every agreement which The User concludes directly and indirectly via this account. These further agreements come into being after a highest bid on an auction has been accepted by the Provider.

11. Masterpieces of Sport is explicitly not a party to any agreement concluded between The User and Provider or third parties. Disputes arising from such an agreement must be resolved by the parties themselves. Masterpieces of Sport does not play any role in this. Masterpieces of Sport therefore does not guarantee the fulfillment of any agreement between Provider and The User or third parties.

3. Account/profile

1. The User is only allowed to create an account himself with the consent of the legal representative of The User.

2. Each account should describe the entity of The User. Requested data must be filled in truthfully. The User may therefore not create a fictitious character or represent any other entity. When creating an account, User must complete a bank verification by paying the payment of €0,01. Only after successful verification can User participate in the online auction platform.

3. It is not permitted to provide login data to third parties. It is not permitted to use login data of third parties to purchase offered services. The User is responsible for any use/acting that, with or without the consent of The User, is made via The User's account. The User is obliged to report all unauthorised use of The User's account to Masterpieces of Sport as soon as possible.

4. Masterpieces of Sport reserves the right, for any reason, to refuse an application for an account or to cancel an existing account after registration, for example in case of violation of these terms and conditions or other rules of Masterpieces of Sport. However, Masterpieces of Sport reserves this right in case the identity or business conduct of The User's company does not fit within the ethics and target group of Masterpieces of Sport. Masterpieces of Sport reserves the right to temporarily suspend or put an account on a waiting list.

5. The User is not allowed to apply for or manage more than one (1) account. Furthermore, The User is not allowed to (re)apply for or manage an account after Masterpieces of Sport has refused The User's application for an account or has cancelled an account after registration.

6. The User can have his account cancelled if he no longer wishes to use the services of Masterpieces of Sport. The user should notify Masterpieces of Sport by e-mail, stating his stating his login details.

7. The content associated with The User's account will not be automatically deleted upon account cancellation. The responsibility for removing or having removed on request lies with The User.

8. Masterpieces of Sport shall not be obliged to reimburse any costs or damages incurred by

User in connection with the cancellation of an account for any reason.

9. Masterpieces of Sport has the right to cancel The User's account if The User has not used their login details for twelve (12) months. In addition, Masterpieces of Sport has the right to terminate the account and/or the agreement with The User with immediate effect for the future by means of a written notification without (further) prior notice of default and without any right to compensation, if:

a) The User is granted suspension of payment (provisional or otherwise) or The User is declared bankrupt, The User submits a request for application of a debt rescheduling scheme or The User is placed under guardianship or administration;

b) The User ceases or otherwise liquidates all or part of its business operations and/or substantially modifies or transfers its business activities to a third party without the prior written consent of Masterpieces of Sport;

c) At any time, it appears that The User has provided incorrect information or has misled Masterpieces of Sport in any other way, such as, for example, with regard to The User's identity and personal characteristics;

d) The User violates these or other applicable terms and conditions;

e) If Masterpieces of Sport has doubts about the integrity or reliability of The User, for example in the observance of ethical codes in the relevant industry or the quality of business operations. The latter occurs in any case if Masterpieces of Sport receives a complaint about The User from a User.

4. Performance by Masterpieces of Sport

1. The User shall give Masterpieces of Sport the opportunity to carry out the execution. The User undertakes to provide the necessary cooperation for the execution by Masterpieces of Sport.

2. Deadlines towards Masterpieces of Sport are not fatal, as a result of which The User must always first give Masterpieces of Sport notice of default, whereby a long and reasonable period of time must be given, before any remedy can be implemented.

3. Masterpieces of Sport is free to have the order and/or delivery carried out by third parties. Section 7:404 of the Dutch Civil Code is expressly excluded in the agreement.

4. Masterpieces of Sport is entitled to display commercial advertisements on the page.

5. Masterpieces of Sport reserves the right to change the layout the website and auction platform (incl. user options etc.) at any time and at its own discretion without The User being entitled to compensation or refund of (part of) the price.

6. Masterpieces of Sport makes every effort to publish/maintain the website(s), online auction platform or accounts/profiles throughout the agreement. However, Masterpieces of Sport does not guarantee uninterrupted, interference-free and/or error-free publishing or that the website(s)/online auction platform will be accessible at all times. Masterpieces of Sport is entitled, without prior notice, to take the website(s), online auction platform or accounts/profiles (temporarily) out of use and/or to restrict their use if this is necessary in its reasonable opinion, for example in the context of necessary maintenance of the website or systems.

7. If, in the opinion of Masterpieces of Sport, there is a danger to the functioning of the computer systems or network of Masterpieces of Sport or third parties and/or Masterpieces of Sport's deliveries are impeded or prevented by, but not limited to, breakdowns or failures of the Internet, telecommunications infrastructure, synflood, network attack, DoS or DDoS attacks, power failures, domestic disturbances, mobilisation, war, traffic congestion strike, lockout, business disturbances, stagnation in supply, fire, flood, import and export impediments, epidemics, pandemics, government measures, all obligations of Masterpieces of Sport shall be suspended and Masterpieces of Sport shall be entitled to take all measures it reasonably deems necessary to avert or prevent this danger/prevention, without The User having any right to compensation. If fulfilment due to force majeure is impossible for longer than one month, or if there are other circumstances which make it disproportionately burdensome for Masterpieces of Sport to fulfil its obligations, Masterpieces of Sport is authorised to dissolve the agreement in whole or in part by a communication to The User and without judicial intervention, without there being any obligation to compensation in that case.

5. The performance, bids and obligations of The User

1. Every bid by a User is binding, unconditional and irrevocable. This means that Masterpieces of Sport will not remove User's bids unless approved by Masterpieces of Sport.

2. If the bidding process has ended, the Offeror will decide whose bid will be accepted. The starting point is that the highest bid is accepted, but this is not a guarantee. If several identical bids are placed, Offeror or Masterpieces of Sport chooses which bid is listed/chosen. Bids go in tiers and are not free choices of User. User can therefore place the bid displayed as an option in the online auction platform. Texts, promotion and advertisements on the website/auction platform or the bidding process of Masterpieces of Sport do not count as an irrevocable legal offer from Provider.

3. The Offeror is entitled not to accept bids without giving reasons. The Provider can furthermore decide not to proceed with the sale, terminate it earlier, extend it or start a new bidding process (bidding round). Offering the goods through Masterpieces of Sport's website/online auction platform does not mean that the Offeror may not sell or offer the goods for sale by other means. Offeror is not obliged to agree to the highest bid on the bid rounds (or via the bid form). Offeror may accept a bid with a lower purchase price because the identity of the User appeals more to him. If goods are not awarded by Offeror to a User, a new auction may be organised by Masterpieces of Sport.

4. User is aware and acknowledges that he/she is not entering into any agreement or legal relationship with Masterpieces of Sport regarding the purchase of the goods. Masterpieces of Sport works exclusively on behalf of and in the interest of the Provider. The activities of Masterpieces of Sport are in any case limited to offering goods for sale, taking care of online bidding and establishing contact between Offeror and User. The activities therefore explicitly do not consist of advice, such as with regard to the content of the purchase agreement or legal and/or factual defects. Masterpieces of Sport therefore does not accept any liability for this in relation to the goods. Masterpieces of Sport will also not be a party to the purchase agreement between Provider and User. Disputes arising from such an agreement should be resolved by the parties themselves. Masterpieces of Sport does not play any role in this. All obligations of Masterpieces of Sport are obligations of effort. No result is promised or guaranteed by Masterpieces of Sport. Masterpieces of Sport is not liable for any damage resulting from the failure of an agreement involving Masterpieces of Sport to come to fruition, regardless of the cause.

5. Bids do not include shipping costs. The accepted bid will therefore still be increased by shipping costs.
Shipping costs can be found here: Shipping costs PDF.

6. The agreement, payment and delivery

1. De koopovereenkomst met Aanbieder komt pas tot stand op het moment dat de Aanbieder het bod heeft schriftelijk heeft aanvaard.

2. Unless otherwise agreed, The User shall pay the purchase price due in its entirety within 5 days after the conclusion of the agreement.

3. When exceeding the agreed payment term and in any other case of default, Masterpieces of Sport is entitled to suspend any performance for the duration of the default. Masterpieces of Sport is also immediately entitled to charge The User default interest of 1% of the principal amount per month as well as an amount for extrajudicial collection costs. The latter costs amount to 15% of the principal sum due with a minimum amount of EUR. 40,- excluding VAT.
4. Without the express and written consent of Masterpieces of Sport, The User is not allowed to apply set-off and/or suspension and/or deduction in respect of its payment obligations.

5. If Masterpieces of Sport takes care of delivery, The User must provide a delivery address where Masterpieces of Sport can deliver the goods to be delivered on the specified date. User must be present at the specified delivery address on the agreed delivery date. If The User is not present on the indicated date when goods are delivered, the costs for offering the goods at a later time shall be borne by The User. The User will then receive a message that the order can be picked up at a location indicated by Masterpieces of Sport after payment of the additional costs, which also include the logistic (planning) costs at the storage location due to unexpected extra storage.

6. If delivery takes place by collection of the goods by The User, The User must comply with the agreed delivery time date. If The User does not collect the goods on the agreed date, Masterpieces of Sport has the possibility to recover the reasonable costs for storage of the goods from The User.

7. Delivery of goods shall only take place after conclusion of the agreement. The risk of loss or decrease in value of the goods to be delivered shall pass to The User from the moment they were made available or were to be made available to him, but this moment has been delayed under the responsibility of The User. This irrespective of whether the transfer of ownership has already taken place.
8. Ownership of the goods to be delivered, as opposed to the actual provision of power, shall only pass to The User after the User has paid in full all that which The User owes or will owe The Provider in connection with the agreement. This therefore includes not only the purchase price, but also, among other things, any further fines, additional costs or extrajudicial collection costs due.

9. Pursuant to this retention of title, The User is therefore not entitled to alienate or encumber the goods with, for example, a lien.

10. The User undertakes, in connection with the effectiveness of the retention of title, to inform Offeror and Masterpieces of Sport in a timely and adequate manner in the event of imminent bankruptcy, suspension of payments, debt restructuring or when third parties threaten to seize any of the goods delivered under retention of title. The User is also obliged to adequately insure goods delivered under retention of title against damage and theft.

11. When The User is in a state of default of any obligation under the agreement, The User is obliged, at the request of Provider or Masterpieces of Sport, to provide all necessary cooperation that will enable Provider or Masterpieces of Sport to again dispose of the delivered goods without encumbrance. This includes the possible obligation to return the goods at the request of Provider or Masterpieces of Sport at their own expense.

7. Liability

1. The User accepts that all goods are sold with all known, unknown, visible and invisible factual and legal defects, charges and limitations. The User is aware that the goods are not new but used and may be cleaned prior to delivery at the discretion of Offeror or Masterpieces of Sport. Masterpieces of Sport does not guarantee the quality and quantity of goods offered through the auction platform. Provider does not warrant that dee representation of the goods on the website or otherwise corresponds to the goods to be delivered.

2. The User is obliged to check each delivery as soon as possible, but within 48 hours after delivery. If the performance does not comply with what was agreed, The User must have reported this to Offeror and Masterpieces of Sport in writing by e-mail within 72 hours after delivery.

3. After the provision of information as referred to in the previous paragraph, Masterpieces of Sport or provider shall try to repair the defect free of charge to a reasonable extent. If repair is not possible/is not a solution to effectively remedy the defect, The User has the right to dissolve the agreement whereby The User bears the costs of returning the delivered item. The foregoing applies without The User being entitled to any compensation.

4. If the defect is caused by a fault that can be attributed to The User or if The User has informed Masterpieces of Sport/Offeror about the defect too late, its right to repair or possible dissolution as described in this article lapses. The burden of proof that the fault is not attributable to The User lies with The User.

5. The existence of a defect does not suspend The User's payment obligation.

6. The User is never entitled to any remedy if the item has been used incorrectly or carelessly. The User should realise that, for example, worn sportswear that has been sold is not intended to be used any longer as sportswear, but only as decoration. It is therefore also not intended as an object of trade. User cannot make any claims based on the circumstance that he has intended the goods as a trade or usage object.

7. Should Masterpieces of Sport or Provider be liable to The User without delay, this liability shall at all times be limited to the amount of the invoice amount, if any, plus 15%, but never more than the amount claimed by any professional or business liability insurance taken out by Masterpieces of Sport or Provider.

8. Liability of Masterpieces of Sport or Provider shall at all times not extend to physical injury or consequential damage and, except in case of intent or gross negligence, also not to property damage, immaterial damage or loss of profit.

9. The User shall indemnify Masterpieces of Sport and Provider for third-party damage arising in connection with the agreement due to the fact that Masterpieces of Sport or Provider has acted, including an omission, on the basis of information, data and documents provided by The User inaccurate, incomplete or late, or in deviation of these general terms and conditions.

10. Masterpieces of Sport is, unless expressly stated otherwise, not a party to the agreement that The User concludes with a Provider. All claims and other disputes are to be resolved between them. The content of an agreement between The User and an Provider, may contain different and/or additional terms and conditions, than as initially displayed on Masterpieces of Sport. The actual terms and conditions may therefore have to be further independently negotiated and agreed by the parties. Texts provided via Masterpieces of Sport by Provider therefore do not count as an irrevocable legal offer/acceptance.

11. Masterpieces of Sport's website contains URLs/links to (social media) websites. These referral opportunities are provided as a facility and do not have the qualification of recommendation by Masterpieces of Sport. Masterpieces of Sport is in no way liable for the content of the linked websites or for the acts and omissions of these third parties.

12. Masterpieces of Sport does not in principle apply censorship and is not in principle active in screening the content of its website (the account, offer or other communication) posted or provided by Provider or other third parties. The User accepts all risks related to all contacts with third parties established through the Masterpieces of Sport website. The User is obliged to independently verify all published content. Masterpieces of Sport does expressly reserve the right to monitor accounts, offers or other communications due to quality control and compliance with the agreed conditions, The User must provide all cooperation for this.

13.Masterpieces of Sport is in no way liable for any damage resulting from the (temporary) unavailability of the online auction platform, account, content or communication.

8. Privacy and intellectual property

1. All intellectual property rights to the content of the website, such as designs, images, videos, texts, software, sound files, belong to Masterpieces of Sport. Third parties may not commercially use or otherwise reproduce them without the prior consent of the holder of such intellectual property.

2. The User is not allowed to deploy software to collect and process data from the Masterpieces of Sport website.

3. The User is not allowed to send Provider unsolicited mail or e-mails, or other spam, make unsolicited phone calls or contact Provider in any other way for the purpose of recommending or selling its own or third parties' products and/or services, with the exception, of course, of business for which a request for quotation has been submitted.

4. All data may be used by Masterpieces of Sport after being anonymised for promotional, commercial, training and advisory or statistical purposes. All data will be kept anonymised and potentially used after deletion for any reason.

9. Forum, choice of law and transfer of rights
1. Masterpieces of Sport is authorised to transfer its rights and obligations under this agreement to a third party. The User is only authorised to transfer its rights and obligations to a third party with the written consent of Masterpieces of Sport.

2. This - and any other - agreement(s) concluded between the parties shall be governed exclusively by Dutch law, with the explicit exception of the Vienna Sales Convention. Should an obligation arise between the parties in the future, other than as a result of an agreement, that obligation shall also be governed by Dutch law.

3. In the event that a dispute arises from the agreement between the parties, the exclusively absolute competent court is the court in the district in which the municipality, in which the head office of Masterpieces of Sport is located, is subject. In the event that a dispute arises between the parties concerning non-contractual obligations, the exclusively absolute competent court shall also be the court in the district in which the municipality, in which Masterpieces of Sport's head office is located, is subject.

Terms of Use