A. Conditions for placing a bid

The conditions for placing a bid and the attachments constitute the general terms by which a bidder can bid on a property (see article 1) by the means of WWW.immo-enchere.be.  These conditions can be modified at any moment. Teamwork will inform the bidder of the modifications by email.  The bidder has then a delay of 14 days to accept the general terms or to put an end to them.


Article 1 - Definitions
“Contact address”: The email address given to Teamwork at the time of the conclusion of the agreement.  The bidder must immediately inform Teamwork via his account of any eventual changes in the contact address.
“Account”: The personal file of the bidder on WWW.immo-enchere.be.
“Data”: The personal and financial data communicated to Teamwork by the bidder.
“WWW.immo-enchere.be”: is an online platform by which one can make a price offer on real estate properties.  Via WWW.immo-enchere.be, the bidder can get into contact with the real estate agent who placed the property on sale.  By means of an offer process, the bidder can “place an offer”. WWW.immo-enchere.be is managed by Teamwork.
“Teamwork”: Teamwork sprl, located Avenue de Jupille 19, 4020 Liège (Belgium) and registered under number 0474.548.447.
“Bidder” : The physical person who concluded an agreement with Teamwork for the placing of an offer (bid) on a real estate property via WWW.immo-enchere.be.
“Property”: The real estate property on which the bidder can bid.
“Process”: The process is the follow-up of the biddings (offers) on WWW.immo-enchere.be as described in article 5.
“Closing”: The moment that closes the possibility of bidding on a property.
“Highest bidder”: The bidder who made the highest bid on a property at the closing time.
“Organizer of the sale”: the one who places the property on WWW.immo-enchere.be
“Real estate agent”: The organizer of the sale.
“Agreement”: The agreement that the bidder concludes with Teamwork via www.immo-enchere.be by the registration form and by which the general conditions and its attachments are applied for the placing the bids.
“Attachments”: All appendices of the Agreement: conditions and its attachments for the placing of the bids, information page and Privacy policy.
 “Reserve price”: The reserve price is the minimum price the organizer wishes to sell the real estate property.


Article 2 - Duration and cancellation
The Agreement between the parties comes into force as from the date Teamwork confirms the bidder that he is authorized to bid on WWW.immo-enchere.be.
The Agreement can be cancelled by Teamwork with immediate effect and without any compensation for the bidder if:

• It appears that the data given by the bidder to Teamwork is incorrect or erroneous;
• A modification of the data as regards to the solvency when submitting for a credit;
• The bidder commits a violation of the agreement;
• The bidder fails to meet his payment obligations

The Agreement can be cancelled by the bidder at any moment by means of a written letter to Teamwork. The cancellation of the agreement does not affect the bid made by the bidder.


Article 3 – Bidding
By the means of immo-enchere.be, the bidder can bid on a property. An emitted bid is a promise to the organizer of the sale.  The bidder commits himself to buy the property at the raised price and the conditions established by the organizer of the sale.
The purchase promise is done in your name. It is unconditional, definite, irrevocable and contractual for the bidder.
The bidder has however seven working days after having set his bids to communicate to Teamwork by registered letter that he gives up the bid he set.
In the case the bidder renounces to his price offer, in accordance to the above paragraph, the bidder has to pay a compensation fee of 1.000 € (+21 % VAT) for the services given by Teamwork


Article 4 - Information concerning the properties
Teamwork invites the sale organizers to offer real estate properties on the website: WWW.immo-enchere.be.
The real estate agents appointed by the organizer of the sale shall publish on WWW.immo-enchere.be a file for each property. This file is composed of:

1. A description of the property;
2. An expert report of the property dated less than three months by an independent expert;
3. An energy certificate of the property;
4. A certificate of the land of the property;
5. An expert report of the electrical installation of the property;
6. All relevant information concerning the property, rights, duties and/or eventual charges;
7. A project of the purchase/sale contract.

The bidder can have access to the file of the properties on which he would like to bid by the means of immo-enchere.be.
The information of the file is communicated willingly by the organizer of the sale and the exactness is not controlled by Teamwork. Teamwork does not give any guarantees on this matter. The bidder can ask at any moment the organizer of the sale (via his real estate agent) and by means of www.immo-enchere.be additional details relating to the property.
For each property, at least two visits are organized. These days are published on WWW.immo-enchere.be. The bidder will explicitly mention before setting a price that he wants to visit the property and that if he does not visit the property he will have to assume the consequences of the risk. Teamwork is not responsible for the state in which the property is, nor for eventual defects.
If the bidder discovers that the information in the file is not complete and/or correct, insofar as it would be a false statement of the property and that it could influence the good progress of the auctions on WWW.immo-enchere.be, the bidder has to communicate it within the 24 hours after observation to Teamwork by email to the address: contact@immo-enchere.be


Article 5 - Process
As soon as the bidder has been accepted by Teamwork, he can set price offers.
The process of the biddings on WWW.immo-enchere.be is as follows:

1. The properties are placed by the organizer of the sale (via his real estate agent) on WWW.immo-enchere.be with a complete file mentioning minimum 2 days of visit as well as the date and hour of the closing time of the auction.
2. The biddings terminate ponctually at the date and hour of closing time.
3. As soon as the reserve price is reached, Teamwork communicates the contact details of the highest bidder to the real estate agent. After payment of the fee to Teamwork by the highest bidder in accordance with article 6, the real estate agent will contact the winner as soon as possible in order to conclude the sale of the property. The conclusion of the agreement and the execution of the sale do not take part in the process.
4. If the reserve price is not reached, Teamwork can transmit the data of the bidder to the real estate agent in order to realize the sale of the property, but only if the bidder gives his agreement. 
5. The amount of the bids of the different bidders is instantly recorded by the servor of Immo-enchère. As soon as the information is received, no other criteria will be taken into account.

Article 6 - Fee for Teamwork and terms of payment
1. For the services given by Teamwork, the highest bidder of a property is indebted of a fee equal to one percent of the amount offered + 21% VAT with a minimum of 1.000€ (+ 21% VAT).
If no sale is realized after the process of the biddings via WWW.immo-enchere.be, the organizer of the sale and the bidder are held to communicate their intentions of purchase/sale during six months after the closure of the bidding process on WWW.immo-enchere.be. In the case the sale is nevertheless realized between the bidder and the organizer of the sale, the fee mentioned in the previous paragraph is still due to Teamwork.
The fee has to be paid on the account of Teamwork, including the costs within the seven days after communication by Teamwork of the amount of the fee that is due.  As long as the fee is not paid to Teamwork, the data of the bidder will not be communicated to the organizer of the sale.
2. If the payment has not been paid within the mentioned period, an interest of 10 pourcent per year is due, automatically and without notice as from the maturity date till complete payment.  In the event of no payment the amount due will be increased automatically and without notice of 10 pourcent as compensation, with a minimum of 100 Euro subject to all other rights that Teamwork could put forward.
In the case the bidder fails to pay, Teamwork is entitled to break or suspend automatically all the agreements in progress with the bidder. Teamwork can require damages due by the bidder.
If the fee is not completely paid within the fifteen days after the promise made by the bidder as mentioned in article 3, the offer of the bidder will be considered as null, automatically. In this case, a fee of 1.000€ (+ 21% VAT) will have to be paid for the services of Teamwork.


Article 7 - Complaints, information and contact
For any contact, information and/or complaints concerning the services of immo-enchere.be, the bidder can write to:
TEAMWORK SPRL
N° IPI: 205221
Liege Center Business
Address: Avenue de Jupille 19, 4020 Liège (Belgium) - E-mail: contact@immo-enchere.be


Article 8 - Platform
WWW.immo-enchere.be is an online platform of real estate properties by which bidders can make a price offer on real estate properties. Teamwork only takes care of the technical infrastructure and the good progress of the bidding process. Teamwork does not interfere and does not answer for the sale of the property.


Article 9 - Responsibility of the bidder
The bidder is responsible for the duty of vigilance. The bidder is responsible for the exactitude of the data given to Teamwork, including the adaptation as of the data in the case of modifications.
The bidder commits himself to act in accordance with the legislation and law in force and to never use WWW.immo-enchere.be for illegal activities and/or illegal transfers or for purposes that are reprehensible.
The bidder commits himself not to diffuse messages or data that are illegitimate, abusive, discriminatory or harmful. As being responsible for the diffusion of the data, the bidder commits himself not to diffuse data that could violate the copyrights, trademarks or the database rights of thirds.
The bidder commits himself not to use methods, software or routines that may harm the protections used by Teamwork, nor to circumvent them or reduce their functions to nothing, to disturb the good functioning of the process of www.immo-enchere.be or to even try it.
During the registration process, the bidder chooses a login and a password. The bidder is responsible for the confidentiality of this account, of his password and access code. The bidder is thus responsible for all the activities done under his code for example the issue of a price offer on a property at auction.
The bidder accepts the responsibility for all the acts carried out under his account and his password. If the bidder notices fraudulent use or any other security problem, he must inform Teamwork immediately and immediately change his password via his account.
Teamwork is entitled to take any decisive action that according to his judgment are necessary for the good functioning of the auction.  This means that Teamwork has the right:

• To refuse emitted offers;
• To exclude the bidders from the bidding process;
• To stop, postpone or cancel the process.

The bidder recognizes Teamwork as an organizer of an online communication platform that emits price offers at auction.  In the case of dispute with the real estate agents, organizers of a sale and/or others bidders, he will not address himself to Teamwork and will preserve Teamwork as regards to the claims of the organizers, the real estate agents, third parties towards Teamwork as to the issuing of offers by other bidders. The bidder has the whole responsibility of the purchasing process, of its good functioning and its legal aspect regarding all the damages that Teamwork should have to pay to thirds because of negligence of the bidder or for all the damages that could result from this for Teamwork, including the legal expenses.
In addition to all the other recourse at his disposal, Teamwork can according to its own discretionary choice, send a warning to the bidder, suspend or terminate his account for a certain time or refuse to give him the services, if he should violate the registration conditions or the attachments, or if Teamwork estimates that the acts or the behaviors of the bidder affect Teamwork or thirds. The stop by Teamwork of the services cannot lead to any kind of compensation.


Article 10 - Restricted guarantee and restriction of the responsibility for Teamwork
Teamwork guarantees that WWW.immo-enchere.be will continuously satisfy the technical standards in force and that the website has been developed according to the rules. Teamwork does not guarantee that the website is free from small errors and bugs, but only that they cannot be prejudicial for the use of the platform by the bidder. Teamwork endeavors constantly to put WWW.immo-enchere.be at disposal but does not guarantee a breaking of the servor. Teamwork guarantees only that if the services cannot be provided at that time, they will be again as soon as possible once the servor of immo-enchere.be will be available.
Teamwork puts immo-enchere.be at disposal “in the state it is” and well-known by the real estate agent. Teamwork does not guarantee that the functions on WWW.immo-enchere.be answer the conditions of the services of the bidder, or that immo-enchere.be functions in agreement with the hopes of the bidder. Except as explicitly stipulated in the registration conditions. Teamwork does not give any guarantee of any kind, explicit or implicit, including the guarantee as regards to the aptitude for a specific goal.
Teamwork will not be in any way responsible for the damages of the bidder or the client whatever the connection for the use of immo-enchere.be or the services of Teamwork, nor for any other damage, like the loss of an opportunity, the loss of income, or a better offer done by thirds etc.  Teamwork does not answer in any manner for the acts and/or statements of the real estate agents and/or organizers of a sale.
The responsibility for Teamwork for damages, caused, directly or indirectly and attributable to Teamwork, will be limited to the repair of the starting of the services such as for example the organization of a new auction sale process or to authorize the access of other processes. Teamwork will not be responsible in case of the loss of a hoped property by the bidder.
In no case will Teamwork be responsible towards the bidder nor towards a third for an amount exceeding 1.000€.
Article 11 - Data protection
Teamwork will treat the data of the bidder in accordance with the privacy policy of December 8th, 1992.


Article 12 - Intellectual property
All intellectual property rights, including the title deed of immo-enchere.be, but not limited to marketing activities, registered trademark, domain name, trademark, software, logo, image, drawing, texts, documentation, photographs, films, data banks and website as well as all adaptations and modifications belong to Teamwork or a third supplier with license of Teamwork.

All intellectual property rights on the title deed about the property of the data put at disposal by the real estate agent on immo-enchere.be, including but not limited to trademarks, company names, logos, images, drawings, texts, documentations, photographs and films, remain unchanged


Article 13 – Communications
All exchanges between the bidder and Teamwork:

1. Can be done in French or Dutch;
2. Can be done by e-mail and are supposed to be received within the 24 hours after that they are available in the email box of the receiver.
   

Article 14 - Others
If Teamwork is not able to act against an act of the bidder, this does not mean she gives up her right to act later against similar acts of the bidder.
The Belgian Law is only of application for all the agreements between Teamwork and the bidder. The Courts of Brussels are only qualified to judge disputes which could result from this.  Teamwork reserves the right to assign the bidder in front of another competent court