Terms and condistions

The following articles are the applicable terms and conditions of the usage of simobid platform. All the users/bidders are agreed with these terms and conditions before placing a bid or doing a sale.

Article 1: Definitions

Website: the website simobid.com is managed and maintained by Simobid sprl
User: any person that is registered into simobid.com
Personal details: all information related to the user that was provided by him during the registration process: full name, phone, email address, postal address…Etc.
Registration: the process of inscription to the website simobid.com trough the registration forms.
Auction: the public sale that is organized and published by simobid through its platform simobid.com. This auction can be an online auction as well as a live sale.
Lot: a set of one or more article that is sold/auctioned together by one offer or bid.
Bid: the amount proposed by the user or bidder for a lot during an auction.
Purchaser/Winner The user that has won the lot.
Client: The legal or natural person charging simobid to organize the auction or sell the goods in his behalf.
User’s agreement: the agreement between the winner/buyer and simobid.
General terms and conditions: the set of terms and article of the actual document.
Particular terms and conditions for the online auction: set of terms and conditions that are specific to a certain auction
Auction fees: the rate that is added to the offer excluding the vat.
Guarantee: a certain amount that is requested by simobid, when it consider it as necessary, to the candidate purchaser/highest bidder. This amount can get to 50% of the purchaser/bidder bid. When the bidder is not the actual winner of the lot, this guarantee is reimbursed to him without any allowance or fees.

Article 2: Applicability

a. This general terms and conditions are applicable in all the selling types on simobid: online auctions, webcast live auctions, direct sale… etc. The general terms and conditions define the relation between one hand the buyer/bidder/winner and in the other hand Simobid.
b. In case of contradiction between the general terms and conditions and the auction specific terms and conditions. The specific ones will prevail.
c. In case of discrepancy between the English version of the general terms and conditions, and any other language. The English version will prevail
d. Any user or bidder registering on Simobid will have to accept the general terms and conditions, and in case the specific terms and conditions, in order to place a bid.

Article 3: User agreement

a. During the registration process, the user communicates his personal details to Simobid and chooses his own password.
b. The user guarantees the accuracy of his personal information. If these information changes in meanwhile, the user is obligated to update these ones through the user personal space, or to inform Simobid.
c. Simobid keeps the right to refuse, terminate or cancel the user registration unilaterally.
d. It’s definitely forbidden to duplicate the Simobid website or any part of it or to make it available without Simobid permission.
e. Once the user accepts the terms and conditions during registration, those are applicable every time the user logs in.
f. The user agreement is not transferred to any third party.
g. The invalidity of one or more clauses in this agreement does not affect the applicability of the others clauses.
h. Simobid sends an email to the user in order to confirm his registration. Once the user confirms his email address, he can access, bid, and follow up the online auctions by login with email and password. The user is obligated to use decently the website and not to bring any damage to the other users.
i. The user is responsible for all actions occurring in the website using his personal login credentials.

Article 4: The auction

a. The bidder/user should be reliable and solvent.
b. A lot is attributed to the highest bidder after a lot is closed, therefore the winner of a lot should be reliable and solvent.
c. Simobid reserves the right to refuse the highest bid, or to not attribute a lot to the highest bidder, in case of doubt about the bidder/user identity and/or solvency.
d. In case the lot is not attributed to highest bidder (for any reason, like solvency), the second bidder, or any bidder, should remain bound to his bid, until the collection of the lot.
e. For security and the good progress of the online auction, Simobid keeps the right to refuse a bid or bidders during the auction.
f. Every lot is submitted to the 5 mins rule: if a bid is placed in less than 5 minutes before the end of the auction, the end time of the lot is increased by 5 minutes.
g. Simobid has the right to prove the solvency of a buyer/bidder, in this scope Simobid can request the buyer/bidder to pay up to 50% of the purchase price. In case the buyer/bidder is not the winner of the lot. This guarantee will be reimbursed to the buyer/bidder without any interest or compensation.
h. Simobid has the right to cancel, terminate or extend the auction, in case of a technical malfunction of the website, making it partially or completely accessible to users.
i. Simobid should not be held as responsible for any direct or indirect damage arising out of these regulations.
j. The user/bidder, by his registration in Simobid, accepts that he’s familiar with special circumstances, and imperfections that may arise during the online auction.

Article 5: Lots

a. The lots are sold in the state they are, this includes any damage or defects.
b. The description is as accurate as possible.
c. For completeness purpose a lot description may be changed. The buyer/bidder is requested to regularly check the description of the lots he’s bidding on.
d. The description and the pictures are only for indicative supporting purposes.
e. The bidder/buyer is requested to visit and inspect the lots.
f. All the lots provided without any guarantee of Simobid or the client commissioning Simobid for the sale.
g. Simobid does not do any technical control of the proposed lots.

Article 6: Visits and investigation obligation

a. The bidder/buyer has the opportunity to visit the lots presented in all the auctions. For each auction, one or two visits (sometimes rendez-vous), are organized.
b. The buyer/bidder is in the obligation to investigate the lots and there states during those visits.
c. If there are any defects, hidden or visible, the bidder/buyer is considered to be aware of it.
d. At the moment when the bidder/buyer places a bid, he should read and accept the general terms and conditions, and in case, the auction particular conditions. Once the bid is placed, the bidder/buyer cannot cancel the purchase agreement if there any inconsistencies between the lot and the description.
e. The lot are sold in the state they are.

Article 7: Invoicing and payment

a. The buyer should pay after receiving the invoice and in the delay stated in the invoice.
b. If the payment is not done in time, then the procedure of DEFAULT payment will be followed:
b.1. Simobid has the right to do whatever he wants with the lots.
b.2. Simobid reserve the right to increase the price up to 15% of the auction price or resell the lot…
c. After the payment is received at Simobid account, the buyer/winner of lot will receive an invoice and a delivery note, about the collection of his goods.
d. The collection is done at the date that is indicated in the auction details.
e. Lot cannot be collected until the full price is paid.
f. In case the buyer/bidder, has a default purchase in his name, any payment done will be considered to settle the previous defaulted payment(s), even if the payment was done for another lot(s) or with another reference.
g. The same rules are applied to foreign buyers/bidders.
h. In the case where the buyer/winner of a lot(s) cannot fulfill his obligations in regards to the settlement of the payment in time, Simobid, or by the mean of another officer, will republish the lot for auction, or just attribute it to the second higher bidder. The buyer in fault will be responsible for the damages, and shall never claim for the possible higher price. The costs of republication of the lot(s) in new auctions, will be at the defaulted bidder/buyer expenses, as well as the difference between the first higher bid and the second higher bid.
i. The bidder/buyer cannot benefit of any kind of discounts, any sort of payment settlement.

Article 8: Collection

a. After the full payment of the invoice by the winner/buyer of lot(s), the collection of the goods shall take place at the location, date and time stated in the auction description on website.
b. The winner/buyer should sign the delivery note at the moment of collection.
c. In case the winner/buyer is not able to collect the goods in the right time and location he’s considered as in default. Simobid will be in the obligation to: move the goods to another paid storage or to resell the goods, all at the expenses and risks of the buyer/winner. This is applicable in case any agreement wasn’t done with Simobid about the incapacity of collection in time.
d. Dismantling, removal and transport risks are at the responsibility of the winner/buyer. And it’s up to him to arrange for the materials that are required for this task.
e. The winner/buyer should dismantle and transport the goods in a professional manner, otherwise he should appoint a third party to do so.
f. The buyer/winner is responsible for any damage caused to the walls, floor, roofs…etc. If this happens he shall assume full liability for the damages and repair at his charge.
g. Unless, it’s specifically stated by Simobid, the buyer/winner is responsible for getting the documents, insurance, licenses…etc. in order to collect the goods.
h. If the winner/buyer resale the won goods, all the instructions given by Simobid should be transmitted to the new buyer.
i. Any disparagement of the instructions, given by Simobid, by the winner/buyer is at the his own risk.
j. The winner/buyer is ready to pay any damage costs requested by third party in case of non-respect to the previous clauses and/or collection instructions.

Article 9: Responsibility

a. Simobid is acting as an intermediary. In this scope, Simobid liability is strictly limited to what is provided in this paragraph.
b. Simobid is not responsible for any kind of consequential damages such as, higher bids, loss of profit, loss of information, business issues/interruption or any other financial or non-financial damage.
c. Simobid puts all their efforts to avoid any malfunction of the system of online auctions. however, Simobid is not liable in case of any kind of issue on the context of the online auction due to an unwanted computer malfunction, auction interruption, user cannot place a bid, website overload…etc.
d. In the case a malfunction is due and the auction is interrupted, Simobid, shall decide whether to attribute the lots to the winners, even if a user placed a bid that was not registered due to a malfunction of the system, or to re-put the lots in auction.
e. Simobid shall not be liable for any links to websites and content of third party websites on Simobid website. Simobid does not approve the content of these websites nor the links to them.
f. Simobid is not responsible for missing documents and certificates, such as car pass, registration, conformity certificates…etc.
g. Simobid shall not be held liable for missing information or incorrect description, references or documents of the goods on website or in catalogue.
h. All the descriptions and reference are for indicative purpose. In missing details or incorrect description shall not be reason to terminate the sale contract.
i. Any commercial or operational indication, written or oral, are purely indicative and shall not be in Simobid liability.
j. Simobid take all the measures to secure its website and database. Thus, Simobid shall not be responsible for any loss or damage resulting from an unwanted issue like, bugs, virus, bad program, incompatibility with the user device and any type of circumstances out of Simobid control.
k. The winner/buyer should verify all the information sent by email or sms during the auction, or after the auction is finished. Simobid shall not be taken as responsible for any unwanted technical issues that can cause information mistakes.
l. It’s the bidder/buyer liability to visit and examine the exposed lots. At the moment of placing a bid he recognize and confirms visiting and examining the lots by the accepting the general and particular auction terms and conditions.
m. The buyer/bidder, considered as a physical person, or as a moral person(companies, associations…) shall be considering the sale for himself, and in his own name. Thus, he’s the first and last responsible for the sale. The buyer/winner shall be liable for the payment of the lots, whatever the capacity he’s acting for.
n. In case the buyer/winner has a compliant, it should be sent to Simobid within 24 hours after his bid is placed. Beyond this period, no compliant will be accepted. Nevertheless the compliant will never discharge the winner/buyer from the payment of his invoice(s).
o. The points indicated in this article shall never, in any circumstances lead to any financial compensation to the clients or third parties.