Terms and Conditions
GENERAL TERMS AND CONDITIONS FOR CATCHTIGER
These are the general terms and conditions of:
Name: Catchtiger B.V.
Address: Keizerstraat 15, 4811 HL Breda
E-mail address: [email protected]
KvK number: 66849756
VAT identification number: 823156126B01
Table of Contents:
Article 1 - Definitions
Article 2 - Applicability
Article 3 - Creation of the agreement
Article 4 - Mediation and costs
Article 5 - Registration of domain name
Article 6 - Right of withdrawal
Article 7 - Use of the [auction] website
Article 8 - Deviating provision for mediation in sales
Article 9 - Payment terms
Article 10 - Liability
Article 11 - Prepayment or security
Article 12 - Term and termination of the agreement
Article 13 - Force majeure
Article 14 - Maintenance of website
Article 15 - Changes to general terms and conditions
Article 16 - Protection and acquisition of personal information
Article 17 - Applicable law and disputes
Article 1 - Definitions
In these terms and conditions, the following definitions are used:
- Consideration period: the term within which the customer can make use of the right of withdrawal;
- Customer: the natural person who is not acting in the exercise of profession or business and/or the natural or legal person who is acting in the excise of profession or business and who enters into a distance agreement with the operator;
- Consumer: the natural person who is not acting in the exercise of profession or business;
- Day: calendar day;
- Extended duration contract: a distance agreement with respect to a series of products and/or services, for which the delivery and/or acceptance obligation is spread over time;
- User [of the website]: someone who registers as a user on the website;
- Right of withdrawal: the possibility for the customer to abandon the distance agreement within the consideration period;
- Operator: CatchTiger;
- Distance agreement: the [mediation] agreement whereby in the context of a system organised by the operator for remotely mediating products and/or services, through the closing of the agreement, use is exclusively made of one or more techniques for communication from a distance;
- [Auction] website: www.catchtiger.com.
Article 2 - Applicability
- These general terms and conditions are applicable to each offer from the operator and to each distance agreement created between operator and customer.
- The general terms and conditions utilised by the customer and/or a third party do not apply, unless expressly accepted by the operator in writing.
- Should any provision from the general terms and conditions be void, or be nullified, then the other provisions remain fully in effect, and the void or nullified provision of these general terms and conditions will be replaced by a valid provision whereby as much as possible the purpose and the scope of the void or nullified provision will be taken into consideration.
- Any deviations from these general terms and conditions are only valid if these are expressly agreed in writing.
Article 3 – Creation of the agreement
- The user of the [auction] website can make a bid on a domain name.
- The bid concerns an amount and excludes VAT.
- Every bid that is made is irrevocable and cannot be lowered or withdrawn.
- The user of the website is familiar with the fact that the auction works with an ‘Auto Bid’ system. The user sets the maximum amount in the Auto Bid that he or she wants to offer for a domain name. The system then automatically places a bid on the basis of this maximum amount, the minimum price and the highest amount that has been bid until that time. Upon bids by other users, the bid will be raised as needed to a maximum of the amount that the user has input in the Auto Bid as the maximum amount. If the maximum amount is higher than the highest amount bid until that time, then the user can see in his or her account what amount has been bid. If the maximum amount is lower than the highest amount that has been bid until then, then the user can see in his or her account that he or she has been out-bid, and by what amount.
- Every highest bid on the [auction] website of the operator leads to a final [mediation] agreement between the operator and customer.
- The agreement is created at the moment that the customer has received the confirmation of the highest bid from the operator via an electronic notification.
- Making any bid, including but not limited to the highest bid, in no way gives the guarantee or the right that the operator will register the domain name on which the bid has been made for the customer. Request, award and any use of the domain name are also dependent on and subject to the applicable rules and procedures of the relevant registration agencies, including the Stichting Internet Domeinregistratie Nederland. The relevant agency decides about the award and/or registration of a domain name. Operator only fulfils a mediating role in the agreement and gives no guarantee that a request will be honoured.
- Users of the website may not manipulate the price of an auction and may not use any external software in order to influence a bid.
- Operator is authorised, without a statement of reasons, to remove bids.
- Operator is entitled to extend the bidding period for a domain name, for example if in the last minutes of the bidding period a new highest bid is made.
Article 4 – Mediation and costs
- After creation of the agreement as intended in article 3 para. 5 of these terms and conditions, operator will endeavour to register the domain name that the bid concerns for the benefit of the customer.
- If operator registers the domain name as intended in the previous paragraph of this article for the benefit of the customer, then customer owes the amount of the bid he or she has made to the operator.
- If operator does not [as the first] register the domain name as intended in the previous paragraph of this article and the domain name is registered by a third party or for another reason is no longer available, customer owes no amount to the operator.
- The domain name will first be registered in the name of the operator. After payment of the invoice that includes the amount of the bid made, the domain name will be registered in the name of the customer.
- Customer is completely responsible after registration for the use of the domain and the domain name. Customer indemnifies operator against every claim by third parties in connection with the use of the domain name.
Article 5 – Registration of domain name
- Operator does the domain registration, after payment as intended in article 4 para. 4, with Domeinwinkel [www.domeinwinkel.nl] under the name as the customer has indicated during registration on the website.
- If customer has not paid in a timely fashion, that is to say not within the term given in article 9 para. 1 of these terms and conditions, the operator has the right to cancel the domain registration [or to let it expire]. As soon as the cancellation is complete, the domain name can be registered by anyone.
- Customer continues, even after cancellation of the domain name, to owe the amount of the bid to the operator. This does not prejudice the possibility of additional or substitution damage compensation for the operator as well as the extra-legal [collection] costs billed or to be billed to the customer.
- If the domain registration is cancelled by the operator as a result of a shortcoming on the side of the customer, the customer forfeits without further notice of default a penalty of € 2,500.--.
- After registration of the domain name and payment of the invoice, the customer gets 1 [one] year free domain registration with Domeinwinkel. The first year of the domain registration, customer, except for the costs mentioned in article 4, owes for no [further] costs.
- After the end of the first year, the domain registration will be silently extended by Domeinwinkel, and the customer owes Domeinwinkel an annual fee for the domain registration. Domeinwinkel charges, after the end of the first year, the standard annual costs per domain. These costs can be found on the website of Domeinwinkel, www.domeinwinkel.nl.
- After registration of the domain name by the operator and payment of the invoice to the operator, the customer enters into a separate agreement with Domeinwinkel.
- Operator is, with reference to article 12 para. 2 of these terms and conditions, not a party to the agreement created between Domeinwinkel and customer concerning retaining the domain registration and the terms and conditions bound to that.
- User is aware that the general terms and conditions of Domeinwinkel are applicable to the request and the registration with Domeinwinkel and the use of the domain name.
Article 6 – Right of withdrawal
- The right of dissolution or withdrawal that offers the consumer who has made a bid the possibility to withdraw from the agreement within the legal consideration period of 14 [fourteen] days is not applicable to the agreement that is created between client and customer.
- A customer who is acting in the capacity of consumer explicitly waives his or her right of withdrawal as intended in the previous paragraph of this article, which the customer who is acting in the capacity of consumer has also indicated during the order process by means of a declaration.
Article 7 – Use of the [auction] website
- In order to be able to make use of the website, including in part the making of a bid, the [future] user has to register on the website. By filling in the registration form, the user closes an agreement with the operator, of which these general terms and conditions are a part.
- Operator is not responsible for the accuracy of the information that the user enters in his or her registration form. The user is responsible for the accuracy of the registered information. Operator is never liable for incorrect or incomplete information in the profile of the user.
- The user of the website is always responsible for the user account and log-in details. Every user must carefully guard those details and in no case forward this information to third parties.
- The user of the website must be of majority age and competent to perform legal acts. The user will, insofar as such is reasonably necessary, lend his or her cooperation to the execution of the agreement. By entering into the agreement, customer warrants that he or she is of majority age and competent.
- Operator will make every effort to only place correct information on the website, but is not liable for any typographical errors, mistakes or inaccuracies on the website.
Article 8 – Deviating provision for mediation in sales
- In exceptional cases, the Entrepreneur will act as a mediator in the trading of domain names. This is characterized by the fact that there is a direct sale between a seller and a buyer, whereby the entrepreneur only plays a facilitating role. The entrepreneur is never a party to an agreement in the case of this procedure.
- If one of the parties does not fulfill its obligations, the Entrepreneur shall not be liable for this and shall return the received performance (i.e., refund or return). The Entrepreneur can recount the damage that it suffers as a result of the non-performing party to the non performing party.
- Entrepreneur has no influence on the sold product (usually the domain name) and therefore cannot be held to quality requirements, guarantees, or to be held accountable for (non) conformity.
- The provisions of these general terms and conditions only apply insofar as they relate to the intermediary role of Entrepreneur. In case of doubt about the applicability of a provision from these general terms and conditions, the most favourable explanation for the Entrepreneur will prevail.
Article 9 – Payment terms
- Insofar as not otherwise agreed, the amounts owed by the customer must be satisfied within 5 [five] days after operator has sent the invoice to the customer electronically.
- Determinative for the start of the 5-day term is the invoice date as reported on the invoice.
- All invoices will be paid by the customer in euros by deposit or transfer in accordance with the payment conditions stated on the invoice or the payment conditions otherwise agreed in writing.
- After the passing of 5 days after the invoice date, a customer who is not acting in the capacity of consumer and who does not pay in a timely fashion is legally in default, without notice of default being required.
- A customer who is acting in the capacity of consumer is in default after notice in accordance with that provided in the Act on Norming of Extra-legal Collection Costs.
- Customer is not entitled to discount or settlement.
- Customer has the duty to immediately report to the operator inaccuracies in payment details provided or reported.
- If the customer is in default or omission in the fulfilment of one or more of his or her obligations, then all reasonable costs of obtaining satisfaction inside and outside court are borne by the customer.
- If the customer remains in default of the timely and/or complete satisfaction of a monetary amount, then the operator is entitled in the case of invoices that remain unpaid 5 days after the invoice date to bill extra legal costs in accordance with the fixed rate schedule as intended in the Act on Norming Extra-legal Collection Costs and the Dutch Extra-legal Collection Costs Regulation Decree with a minimum of € 40.--.
- The demand for payment is immediately enforceable in the event that the customer is declared bankrupt, requests suspension of payments or there is a general seizure of the assets of the customer, if the customer goes into liquidation or is dissolved.
Article 10 - Liability
- If operator is liable for direct damages, then the liability of the operator is limited to the amount of the invoice for the product or the service that has led to the liability.
- For damages resulting from recommendations made, the operator is never liable.
- ‘Direct damages’ will exclusively mean:
• the reasonable costs of determining the cause and the scope of the damage, insofar as the determination concerns damage in the sense of these terms and conditions;
• the reasonable costs incurred to correct the defective performance of the operator, unless this defect cannot be attributed to the operator;
• the reasonable costs incurred to prevent or limit damage, insofar as the consumer demonstrates that these costs have led to limitation of direct damages as intended in these general terms and conditions.
- Operator is never liable for indirect damages, including consequential damages, lost revenues and profits, missed savings and damages due to business stagnation.
- The limitations of liability included in these terms and conditions do not apply for direct damages if the damage is attributable to intent or gross fault of the operator or the operator’s subordinates.
- Operator is not liable for damages, of any nature whatsoever, because operator has relied on incorrect and/or incomplete information provided by the customer, unless this inaccuracy or incompleteness should have been apparent to the operator.
Article 11 – Prepayment or security
- Operator is always entitled to request prepayment or security before commencing or continuing with performance. If customer remains in default of the requested prepayment or security, the duty of performance or effort resting on the operator expires, without prejudice to the right of the operator to compensation for all damages, costs and interest by the customer.
Article 12 – Term and termination of the agreement
- The term of the [mediation] agreement commences at the moment that the customer has received a confirmation that he or she, at the closing of the auction, has made the highest bid on the domain name.
- The agreement will be entered into for a finite period, whereby the end date of the agreement falls together with the payment of the invoice to the operator.
Article 13 – Force majeure
- In case of force majeure, including in any case disruptions or failures of the internet, the telecommunication-infrastructure, power disruptions, domestic unrest, mobilisation, war, gridlock, strike, lock-out, business disruptions, stagnation in supply, fire, flood, import and export hindrances and, in the case that the operator is not able to take delivery from operator’s own suppliers, regardless of the reason, so that the fulfilment of the agreement cannot be reasonably expected of the operator, then the execution of the agreement will be suspended, or the agreement will be terminated when the force majeure situation has lasted longer than ninety days, all without any obligation to damage compensation.
Article 14 – Maintenance of the website
- Operator takes appropriate technical and organisational measures to secure operator’s systems against loss or any form of illegal use.
- Operator is entitled to [temporarily] remove the website from service if that is necessary for maintenance, updating or securing the website, without any right to compensation for damages arising from the operator.
- Operator does not guarantee that the website will work without interruption, will be free of viruses, Trojans and other faults and/or defects and/or that any defects will be resolved, and is not liable for damages that result from this.
Article 15 – Changes to the general terms and conditions
- Operator reserves the right to change or to supplement these terms and conditions.
- Changes also apply with respect to agreements already closed with consideration of a term of thirty  days after announcement of the change on the website of the operator or by electronic notification. Changes of minor importance can be implemented at any time.
- If customer does not want to accept a change in these terms and conditions, he or she can, before the date on which the new terms and conditions take effect, dissolve the agreement on that date.
Article 16 – Protection and acquisition of personal information
- Entrepreneur has a privacy statement on its website, which makes clear how personal data is handled.
- Insofar as necessary, the other party grants permission for the processing of personal data as described in the privacy statement.
Article 17 – Applicable law and disputes
- Dutch law is applicable to these general terms and conditions. The Vienna Sales Convention is expressly excluded.
- Disputes between the customer and operator about the creation of or the execution of agreements with respect to the service delivered or to be delivered by the operator can be presented to a competent Dutch court by either the customer or the operator.