Terms and conditions for the use of N.C. Nielsen Auctions

 

1. Introduction

Your registration as a user of N.C. Nielsen Auctions shall, at the same time, constitute an agreement between you (the user) and N.C. Nielsen ("us", "we"). This present agreement sets out your and our rights and obligations in connection with using this and any other related products and services provided by us.

 

The following agreement comprises terms and conditions for the use of specific services provided on our website.

 

2. Account eligibility

Your use of N.C. Nielsen Auctions presupposes your creation of an account (a company account). You can only have one company account, but this does not preclude the creation of more users from the same business. N.C. Nielsen Auctions shall only be accessible for such business enterprises as are in a position to enter into legally binding contracts. N.C. Nielsen Auctions does not sell to private individuals, and a valid CVR-no – or, for businesses outside Denmark, a similar business registration number – is required. N.C. Nielsen Auctions is not accessible for users under the age of 18. We reserve the right to reject the provisions of our services, to change the terms and conditions for your use of N.C. Nielsen Auctions, and / or to refuse the provision of our services at any time by notification thereof via e-mail. Any such notification of changes shall take effect immediately.

 

3. The legal relationship between you and N.C. Nielsen Auctions

N.C. Nielsen Auctions shall have the physical right of ownership to all goods sold through our agency.

N.C. Nielsen Auctions is an online auction site which constitutes a part of our website. The auction site puts up for sale goods which belong to N.C. Nielsen, Balling A/S such as described in the following.

 

3.1 Bought as seen

N.C. Nielsen Auctions makes no warranty in respect of goods sold or advertised via N.C. Nielsen Auctions. Any goods sold via N.C. Nielsen Auctions shall be purchased as seen unless otherwise stipulated.

 

3.2 No warranty for services.

N.C. Nielsen Auctions cannot be held responsible for any delay or disconnection as may occur in respect of N.C. Nielsen Auctions under this present agreement in so far as such conditions originate from matters beyond our control; however we shall use all available means to meet our obligations pursuant to the agreement. You acknowledge that your access to our website may, at times, be obstructed. This may be owing to a number of different conditions, comprising server drop-out, power failure, severed cables, service and maintenance, updating to new and improved options and services.

 

3.3 Limited liability

We shall only be liable for such loss or damage directly attributable to our own actions, the lack thereof, or contravention of our duties pursuant to this present use agreement; and our obligations in this respect shall be limited such as stipulated in the remainder of clause 3.3. We cannot be held liable for any loss or damage which you may suffer as a result of your use of a service other than N.C. Nielsen Auctions. In no circumstance can we be held liable for any direct or indirect loss of profit contribution or goodwill or for indirect loss or consequential effects of loss or damages. It is further agreed that, in the event of delay, the buyer cannot advance any claim for damages, neither in respect of direct nor indirect losses. No other claims for damages, such as e.g. loss of earnings, loss of wages, daily penalties and any other likely claims, such as e.g. any kind of industrial dispute or otherwise, will be met.

Similarly, this disclaimer shall be in force in the event of the customer's notification of defects.

 

Thus, N.C. Nielsen Auctions can solely be held liable for defects to an extent where such defects may be construed as defects in title. In the event of defects in title, the customer's claim for damages cannot be in excess of the amount paid by the customer for the delivery made by N.C. Nielsen Auctions. In the event of N.C. Nielsen Auctions's liability to pay compensation, such compensation shall cover only the value of the product of parts thereof, but not labour costs, expenses or damages which any flaws or defects may have inflicted on the buyer.

 

3.4 Indemnification

You accept to compensate us, our departments, employees and management for all claims or judicial claims made by or arising from a third party's claim in connection with your violation of this present agreement or the documents comprised therein or as a result of your violation of a law or the infringement of a third party in connection with your use of N.C. Nielsen Auctions.

 

4. Fees and commissions

Sales prices on N.C. Nielsen Auctions are inclusive of commission. No purchase made from N.C. Nielsen Auctions will be added auctioneer's commission.

 

5. Settlement of disputes

In your capacity as buyer, you accept to actively cooperate with us towards the settlement of any disputes which may arise. Should a claim be made (as a result of a conflict or for any other reason), you will accept to disclose all necessary documentation and information which may contribute to the solution of the conflict.

 

Please report all kinds of fraudulent transactions, faults or conflicts.

 

We shall make no attempt to hold you responsible for a third party's unauthorised (comprising fraudulent) use of your account in so far as we can be convinced that you have not consciously acted in such a way as to allow any third party's access to your user name and pass word. But please note that your user name and pass word are strictly personal regardless whether you act on behalf of a business enterprise. Hence, your access code must be kept at a safe place, secure from misuse.

 

6. Settlement of all claims.

The need for settlement of claims may e.g. arise from exchange rate fluctuations. This may for instance be the case if the currency exchange rate in which the transaction is made differs from the exchange rate used in our invoicing.

 

N.C. Nielsen Auctions is entitled to adjust exchange rates as needed. The exchange rate in force shall be the exchange rate on the date of invoicing plus an additional charge.

 

7. Your data and limited activities

7.1 Definition

'Your data' shall be construed as information disclosed by you to us and other users by your creation of an account and the use of our services. You alone shall be responsible for your data. You give us permission to verify the accuracy of your data - either directly or through the assistance of a third party. This verification may comprise a comparison between information provided by you and such information as may be contained in third-party databases. However, we shall neither disclose information about the user's identity nor about his or her actions or commercial transactions.

 

7.2 Limited or not permitted actions

The information you disclose cannot: (a) be false, incorrect or misleading; (b) be fraudulent; (c) be an infringement of any third party's copyrights, patent rights, trademarks, trade secrets or other intellectual property rights; (d) be in contravention of any law, statutory instrument or regulation (inclusive of, but not limited to, consumer rights, good marketing practices, competition legislation or appear discriminating); (e) be offensive or threatening; (f) be vulgar or contain child pornography; (g) contain programming codes which may cause disruption of, cause damage to, take over or abuse either system, data or personal information; (h) inflict obligations on us or cause a loss (in whole or in part) of the services made available by our internet provider or of services provided by other suppliers. If you use or attempt to use N.C. Nielsen Auctions for purposes other than buying and the editing of your own account – comprising hacking, attempt to change or obstruct information or affect the technical feasibility of our services – your account will be closed and you will be held liable to pay damages and possibly criminally liable pursuant to the legislation in force.

 

7.3 Closing an account or account holder's restricted admission

The decision as to whether and (if so) when an account or service shall be closed shall rest solely with us. Such decisions may be owing to, albeit not confined to, violation of this present agreement. We are under no obligation to provide information about the specific reason for such actions.

 

7.4 Access codes

You are not allowed to pass on or disclose your access codes to others. Neither shall you be allowed to use the access codes of others. We cannot be held liable for any losses, or the impact thereof, which you may incur as a result of any third party's unlawful use of your account. Do not disclose your access code to any third party over the phone and select an access code which is difficult to guess and which is not used for other purposes. In the event that other people in your organisation may require access to our services, you shall request that they create their own user account.

 

8. Access and interference

You accept not to use any kind of automatic or manual method for copying or monitoring our website unless you have our explicit written authorisation to do so. You further accept not to make any move which will subject our server to unnecessary strain. You accept to refrain from copying, discussing, changing or creating derived products on the basis of our website without our explicit written authorisation.

 

9. Confidentiality and security

We consider the protection of our users' data security extremely important. The protection of your data against abuse is essential to us. We store and treat your data on computers located in Denmark where it is protected by both physical and technical security measures. If you cannot agree to the transfer and treatment of your user data such as described in this present agreement, please refrain from using N.C. Nielsen Auctions. We store the data that you provide to us when registering your account according to GDPR - see the entire N.C. Nielsen's personal data policy

 

10. Closing your account

Should you wish to do so, you can, at all times, close your account. As long as you are the highest bidder at an auction on N.C. Nielsen Auctions, however, you cannot close your account. Should you nonetheless close your account, this will have no effect on you obligation to pay for already initiated transactions. If your account remains inactive for a period of 3 years, it will be closed.

 

11. Corrective actions and N.C. Nielsen Auctions' right to take action against you

N.C. Nielsen Auctions reserve the right to adjust inaccuracies or lack of information from you or to contact you in other ways than electronically. Likewise, we reserve the right to warn other users against your actions, to limit payments, to restrict access to an account and to refuse to make our services available to you in the event that (a) you violate the terms and conditions of the user agreement and its derived agreements; (b) we cannot verify your identity or the information you have made available; (c) we find that your account or activities entail a financial or legal risk to us or to other users.

 

12. Transfer

You are not entitled to transfer any rights or obligations under this present agreement without our explicit consent thereto.

 

13. Termination

Unless otherwise explicitly stated, notice of all termination must be forwarded by letter post to N.C. Nielsen Auctions or by e-mail to auktion@nc-nielsen.dk (to be sent from the e-mail address stated in your user account). Notice of termination from N.C. Nielsen Auctions to you shall take effect immediately on being sent, unless the sending party is aware that the electronic message has not been received.

 

14. Jurisdiction and venue

This present user agreement and its underlying services is governed by Danish law. Any disputes which may arise in respect of the agreement shall be subject to Danish law and brought before a Danish court of law for settlement.

 

14.1 Confidentiality

Unless otherwise stipulated by the legislation in force, both parties shall respect the requirement about mutual confidentiality as to matters concerning or derived from this present user agreement.

 

15. Cookie policy

 

What are cookies?

Cookies are data that are stored on your computer, telephone or iPad or your preferred device for accessing the internet. Cookies are text files containing regular text or binary data. All cookies will be received by us in anonymised form. The primary objective of using cookies is to enhance website user experience. Typical examples:

 

To remember whether or not you have logged in

User settings on the website

Statistics over your website visit

Types of cookies

There are three types of cookies:

 

First-party cookies: Cookies which the website visited stores on the computer

Third-party cookies: Cookies stored by third-party programs such as Facebook and Google Analytics. Similar to first-party cookies they are not in any way harmful

Session-cookies: Temporary cookies which will be deleted when you leave the website

 

Cookies used on the N.C. Nielsen Auctions website

The N.C. Nielsen Auctions website uses cookies. This is for the purpose of enhancing your use experience, in order that use of the website become more comfortable. If you want to avoid cookies, you can block all cookies from N.C. Nielsen Auctions. In your internet browser, you select advanced cookie settings under internet options. Add www.nc-nielsen.dk to the list of websites from which you do not want to accept cookies. In internet options, you can also delete other cookies stored by your browser.

 

16. No right of withdrawal

The right of withdrawal is inoperative among professional traders (when the transaction takes place as an element in a commercial business activity).