Mömus Online Auction Terms and Conditions
The Terms apply to all Online Auction Sales.
Bidding is open to Bidders only.
Selling is open to Sellers only.
By Registering you have expressly accepted, and agreed to, the Terms.
These General Terms can at any time be supplemented and / or modified by Specific Terms applicable to Bidders and Buyers participating in any specific Sale and shall be deemed incorporated by reference and made an integral part of the Terms for such Sale.
In all cases, in case of conflict, the Specific Terms relating to the relevant website listing of any specific Sale and / or contained in contracts for sale made available through the Online Auction website take precedence over the General Terms.
The Specific Terms are published on our web site in advance of the Sale they will apply to. Additional information applicable to the Sale may also be set out on our web site and it is your responsibility to review that information before Participating in the Sale.
By Bidding or Selling you agree to the Terms.
Use of the Mömus Online Auction service and website is at all times subject to the Terms.
Please note: Unless the text indicates to the contrary, where in the Terms the singular form is used the plural is understood to be included and to be substituted where appropriate and where the male gender is used the female gender is understood to be included and substituted where appropriate.
The inverse holds true as well.
a. References in this document to "Mömus", "we" or "us" mean Mömus Auctions, or (if different) the other Mömus Group company that is conducting the relevant Sale and any successors and assigns thereto.
b. References herein to "you" and "your" mean the person or entity registering to bid or Bidding, registering to sell or Selling, as the case may be, in a Sale via the Online Auction service.
c. “Bidding” means participating in bidding in a Sale.
d. a “Bid” is an individual act of Bidding with regard to one Lot
e. “Bidder” means the registered party Bidding
f. “Buyer” means the Bidder whose Bid has been succesful with regard to a Lot
g. “Selling” means entering a Lot for sale in a Sale
h. “Seller” means the registered party Selling
i. “Lot” means a one or more goods or items entered for auction in a Sale offered as a single purchase option
j. “Data” means the information and documentation provided and uploaded by Seller with regard to a Lot
k. “Sale” means any individually distinguishable Online Auction
l. “Online Auction” means all Sales conducted by or in cooperation with Mömus
m. “Registering” or “to Register” means completing and submitting a request to be registered as a Bidder and / or Seller
n. “Registered” means having been accepted by Mömus as a Bidder and / or Seller and therefore being allowed to Participate in a Sale as a Bidder and / or Seller.
o. a “Registration” means having been Registered
p. “Participate” means to enter the Registered party as a Bidder and / or Seller in a Sale by Logging On.
q. “Participating” means engaging in the process of Bidding and Selling as a Registered party in a Sale after Logging On
r. a “Participation” means the act of having Logged On to Participate
s. “Logging On” means to enter your Account Details in the relevant Sale screen
t. “General Terms” means these Mömus Online Auction Terms and Conditions applicable to all Online Auction Sales
u. “Specific Terms” means additional terms and conditions applicable to Bidders and Sellers participating in any specific Sale
v. “Terms” means General Terms and Specific Terms collectively.
Before you can participate in Bidding or Selling via Online Auction, you must request Registration using the form that can be accessed by clicking here, and your Registration request must have been accepted by us. Your Registration request has been accepted (you are “Registered”) if you have received your username and password from us.
Please note that your Registration must be accepted at least 2 business days prior to the start of any Sale or you may not be able to Bid in that Sale. Your Registration must be accepted at least 3 business days prior to the start of any Sale or you may not be able to Sell in that Sale.
Once you are Registered you should keep your username and password or any other piece of information as part of our security procedures (“Account Details”) strictly confidential and you must not disclose it to any third party, nor permit any third party to use or access your account on your behalf or otherwise. You will be liable for any and all transactions via your account.
You will need to Log On for each Sale that you wish to Bid on. This can be done by entering your Account Details on the relevant Sale screen.
Once you have successfully Logged On for Online Auction in a Sale, you will be eligible to Bid at that Sale.
During a Sale, you can Bid for a lot by clicking the Bid button.
Each Bid shall be final and binding as soon as you click the Bid button.
The current Bid will be displayed on your screen during the Sale.
You acknowledge that you are Bidding in a live auction and you agree that each Bid submitted as provided in the Terms is irrevocable and cannot be amended or corrected, even if submitted in error and notified to us.
You accept full liability for all Bids submitted via your Online Auction account, including the liability to pay in full and on time in accordance with the Terms for any lot that is the subject of a successful Bid submitted from your account.
Please note that Mömus reserves the right to, at its’ sole discretion, reject a Registration or your Participation, withdraw its permission for you to use Online Auction, or terminate your account, for any reason at any time prior to, during or after a Sale. No liability will be incurred as a consequence by Mömus and / or Online Auctions.
You will need to Log On for each Sale for which you wish to submit (a) Lot(s) for auction. This can be done by entering your Account Details on the relevant Sale screen.
You expressly warrant the thruthfulness and correctness of all the information you provide regarding Lots - or the respective items these Lots may be comprised of - you submit for auction.
You accept full liability for any and all Lots submitted via your Online Auction account.
The Data you have to disclose comprises all relevant information regarding (a) Lot(s) submitted by you, using the forms provided to this end by Mömus for each Sale: you have to fill them out in full and upload them accompanied by all the requested documentation. Please note that Mömus reserves the right to withdraw any incompletely disclosed and documented Lot from a Sale, without incurring any liability. You are responsible and liable for providing full and accurate information and documentation concerning any Lot you enter in a Sale.
5. Payment and collection of Lot(s)
To find out if you have been successful in your Bidding and / or Selling, you may check the results that are published by Mömus online after the Sale.
You agree to pay for (within 48 hours counting from the acceptance of your Bid) and arrange for collection at your expense (within 5 business days counting from the acceptance of your Bid) from the location mentioned in the Data, of any Lot that is the subject of a successful Bid submitted by you or from your Online Auction account.
The costs of Buyer’s chosen method of payment are borne by Buyer.
Payment is effected through one of Mömus’ escrow bank accounts made available for this purpose on the Mömus Online Auction website (or Sale specific website as the case may be) in one of the ways put at your disposal there.
6. Mömus fees
Using Mömus Online Auction website services to transact a sale, costs 10 percent of the the gross amount of the successful Bid for a Lot, with a minimum of € 300.- , payable by Buyer and added directly on top of the gross amount of the successful Bid payable for the Lot through Mömus. Mömus will subtract its’ fee and forward the difference to Seller. Mömus’ full fee is deducted with priority, it is Buyer’s responsibility to ensure that the difference remaining after deduction of Mömus fee will suffice to pay Seller in full.
7. Default interest
Failure to pay Seller in full within the prescribed delays, will see Buyer incur default interest over the amount of the successful Bid plus Mömus’ fee included at a compound weekly percentage rate of 1. Furthermore, Seller is entitled to charge storage costs at the going local rate per square meter occupied for any Lot not retrieved within the prescribed delay. Nevertheless, the cost of storage will not exceed € 50 per month per square meter occupied. These interest payments do not in any way prejudice the rights of the injured party to seek reparation of damages of whatever nature in court.
8. Dissolution of purchase
After a delay of 10 business days counting from the acceptance of the Bid has elapsed, Seller at its’ own discretion, can choose to dissolve the resulting purchase transaction and offer the Lot concerned for auction once more, in case the Lot has either not been paid in full or not been collected by then. Buyer will remain liable for the full amount of the successful Bid by way of compensation for damages to Seller. Nevertheless interest will continue to accrue over the remainder of amount of the Bid for as long as it remains unpaid. These interest accruals and / or payments do not in any way prejudice the rights of the injured party to seek reparation of damages of whatever nature in court.
9. Use of the Online Auction Service and Limitations Of Mömus' Liability
Lots are available for inspection on our website prior to any Sale, and it is for you to satisfy yourself as to each and every aspect of a lot. You are strongly advised to examine online any Lot on which you may Bid or have it examined and researched online on your behalf before any Sale. Inspections in person are not offered.
If you choose to use the Online Auction service, you do so entirely at your own risk. Access to and use of Online Auction is dependent upon, among other things, the availability of the internet and the speed and quality of internet connections, and we therefore encourage Bidders to verify these and any other relevant aspects before accessing and using Online Auction.
The content displayed via the Online Auction service may contain inaccuracies and typographical errors and we do not warrant the accuracy or completeness of the content or that any defects will be corrected. Any reliance on any such content, advice, statement, or other information shall be at your sole risk. We reserve the right, at our sole discretion, to correct any errors or omissions in any portion of the Online Auction service and to make any changes to the features, functionality or content of the Online Auction service at any time.
Access to the Online Auction service is made available as a convenience and on a temporary basis, and we reserve the right to withdraw, amend, suspend or terminate any aspect or feature of the Online Auction service (including the Online Auction service in its entirety) at any time, with or without notice. Without limiting the foregoing, we may suspend access to Online Auction to carry out scheduled or unscheduled maintenance or for any other reason at any time.
WE ACCEPT NO LIABILITY FOR ANY FAILURE OR DELAY IN EXECUTING BIDS OR ANY ERRORS CONTAINED IN BIDS PLACED VIA THE Online Auction SERVICE.
Mömus AND ITS SUPPLIERS PROVIDE THE Online Auction SERVICE AND THE Mömus WEB SITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, WE ACCEPT NO LIABILITY FOR ANY FAILURES, DELAYS OR ERRORS CAUSED BY INTERRUPTIONS IN THE AVAILABILITY OF THE Online Auction SERVICE OR OUR WEB SITE OR ANY ERRORS OR DEFECTS IN THEIR CONTENT OR FUNCTIONALITY, ANY SOFTWARE AND/OR HARDWARE DEFECTS (WHETHER YOURS OR OURS) AND/OR ANY INTERNET CONNECTION PROBLEMS (WHETHER YOURS OR OURS), AND WE DO NOT REPRESENT OR WARRANT THAT THE Online Auction SERVICE OR THE WEB SITE WILL BE ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
We update our web site regularly and so may change the content at any time. If the need arises, we have the option to suspend the site or to close it indefinitely, without incurring any liability.
Please note that you may not use any mechanism, software or other device to affect the functioning of the web site or of any Sale carried out through the web site.
10. Changes to the Terms.
We may from time to time make changes to the Terms.
Any changes will be posted on our website at www.momusauction.com. We will endeavour to notify you of the same by means of a notice and link to the revised Terms on our web site, although we are not obliged to do so and no rights can be inferred or derived by our omission to do so. Please review these Terms regularly to ensure you are aware of any changes made by us. If you use Online Auction after changes have been made and posted, you shall be deemed to have agreed to such changes. If you do not agree to such changes, you should not make any subsequent use of the Online Auction service.
The Terms in force at the time of filing a dispute or complaint will apply.
11. Intellectual Property and Copyright
We own the copyright to this site and its’ contents (including descriptions and photographs of articles). Those works are protected by copyright laws and treaties around the world. All our rights are reserved.
You may print off one copy of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to material posted but you may not reproduce or permit anyone else to reproduce such material without our prior written consent. Our status as the authors and / or owners of copyright of this site and its’ contents should always be acknowledged.
12. Liability and reliance on information posted
Descriptions and other materials posted on our web site are not intended as advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed by any visitor or user of our web site or anyone who may be informed of any of its’ contents.
Our web site may contain inaccuracies or typographical errors (the “Inaccuracies”). We will not be liable for any Inaccuracies. We do not make any express or implied warranties or representations in relation to the web site or the contents displayed thereon and the same are hereby excluded. By visiting or using our web site and / or Online Auction, you acknowledge and agree that it is technically impossible to provide the web site free of faults, bugs and errors and that access to and use of the website is provided on an “as is” and “as available” basis. We de not accept any liability for faults which may lead to temporary unavailability of the web site, whether this is in our reasonable control or not. We do not accept any liability for, or as a consequence of, Inaccuracies of any nature.
Our liability in relation to any sale advertised on the web site will be as set out in the relevant Terms
13. Severability and Continued Existence of Terms
In the event that to any extent a term, condition or provision of the Terms is determined by any competent authority to be invalid, unlawful or unenforceable, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
14. Governing Law, Competent Court.
Unless the Specific Terms explicitly indicate otherwise, the Terms, use of the Online Auction service and any Sale shall solely be governed by, and construed in accordance with, the laws of Luxembourg . Any dispute with Mömus will be brought before the competent Luxembourg court exclusively, although we reserve, and have, the right to bring a claim against you in your local jurisdiction.
At our sole discretion, acting in what we believe to be the best interests of the parties and of a speedy, economical and fair resolution of the relevant dispute, any dispute relating to the Terms and the use of Online Auction may be resolved by appropriate means of alternative dispute resolution (including arbitration, mediation or referral to an expert).
Please note that any dispute relating to any Bid made by you or any contract resulting from acceptance of your Bid in respect of any Lot shall be governed by the Terms as applicable to the relevant Sale.
We make no representations that Registering as a Bidder or Seller and / or using Online Auction is legal in any country outside Luxembourg.
We make no representations that the content of our web site is suitable for any particular purpose or audience or that the viewing and downloading of any part of our web site is legal in any country outside Luxembourg.
If you have accessed the site from outside Luxembourg, then you are responsible for compliance with the laws of your jurisdiction.
15. Complaint concerning a Seller or Buyer
Notwithstanding the previous article, Registered parties are invited to report any deviation from the Terms by any Buyer or Seller to Mömus. In particular, any omitted or incorrectly provided Data or failure to comply with delays for payment or collection of a Lot, can warrant the filing of a complaint with Mömus against the offending party. Upon receiving a documented complaint in writing, Mömus will give the alleged offender a fair hearing. Mömus can request additional information and documentation in support of their position as it deems necessary. Mömus’ finding regarding the complaint is final, and precludes the matter from being brought before the court that would otherwise have been competent. If the complaint is judged to be well founded, Mömus can annul the offender’s Registration permanently (and terminate his Online Auction account) or temporarily suspend Participation for a period to be determined in its’ finding, (and withdraw its’ permission to use Online Auction). No liability will be incurred as a consequence by Mömus and / or Online Auctions.
Terms version 2019.03.24.