General User Agreement [EN 2019-05-31 / last update 2019-06-14]

1. Introduction

1.1 The online and offline Amuse Auctions of which the online version is accessible via the url https://amuse.auctions/ and the Amuse Gallery Stores are an initiative (from now on referred to as Service and/or Services) of the private limited liability company Amuse Auction B.V., located in Veendam, the Netherlands. Registered under KVK (Chamber of Commerce) Number 73300756. Company Registration Number: 000041353676. [Full contact info below].

Amuse Auction B.V.
Pieter Sneeuwplein 12
9641KA  Veendam
The Netherlands
1.2 This General User Agreement contains the terms on which Amuse Auction B.V. (from now on referred to as Amuse, Amuse Auctions, Amuse.Auction, us, our and/or we) offers you, the User, access to and use of our Services. By accessing, sign-up or using our Services you agree to comply with all of the terms of this General User Agreement.

2. Mission and purpose of Amuse

2.1. Amuse.Auction will support an online platform for Erotica Gallery Stores and weekly Erotica Auctions on https://amuse.auction/ . The head auctioneer is Geert Postma. Expert in Erotica is Marco van Kampen.

2.2. Access to the Gallery Stores and auction listing of Amuse.Auction is strictly allowed for Adults (18+). All visitors need to pass a screen with the warning “Website Containing Adult Content” and check a box confirming that they are over 18 years of age before they are granted permission to the website. Also the images of the Lots are blurred for Users who are not signed up and/or logged in.
2.3. Amuse.Auction allows Users to offer Lots to be auctioned and sold on our Auctions to the Winning Bidder and allows Users to bid and become the Winning Bidder of those Lots. These activities take place under the supervision of our Auctioneer(s) and Expert(s). When you submit Lots for the Amuse Stores and / or Amuse Auctions as a Seller you agree with and will comply with this General User Agreement and with the House Rules for Sellers that is distributed by e-mail to each approved Seller. Sellers are supposed to have read those House Rules carefully, especially the sections about Prohibited items and Description of Lots.
2.4. Amuse.Auction will present and auction (almost) all collectable items in the field of eroticism, including i.a. (old) books, comics, (vintage) porn magazines, (pin-up) artworks, photography, objects, sculptures, curio, DVD’s, VHS videotape, Super8 films, and all other items that we might find fitting. Thus representing almost* the whole range of human sexuality including most forms of Fetish.

* See section 8 for prohibited items.

3. Legal and law

3.1. Amuse.Auction [as Amuse Auction B.V.] is registered in the Netherlands and will act within the boundaries of the Dutch / European law. Some European countries do have similar laws when it comes to Erotica and auctioning, but most countries have different agreements in their law. Amuse Auction B.V. (including her partners, such as Payment Services) are not responsible for how you comply with the law in your own country.
3.2. Amuse. Auction offers Users a platform where they can trade and acts as an intermediary. Amuse.Auction is not (at any time) the owner of the goods that are auctioned and/or sold. The actual contract for sale is directly between the Seller and Winning Bidder / Buyer. All relevant Users (i.e. Sellers of successfully auctioned goods and/or sold Store Products and Winning Bidders and/or Buyers) will get an invoice for the Commission Fee from Amuse.Auction with the Dutch value added tax (VAT).

4. Commission Amuse Fee

4.1. Applicable for the Auctions : The Commission [Amuse Fee] for the Winning Bidder is 9% [incl. VAT] of the final Hammer Price. There is no commission on the Shipping Costs.

4.2. Applicable for the Auctions : The Commission [Amuse Fee] for the Seller is 15,1% [incl. VAT] of the final Hammer Price. There is no commission on the Shipping Costs.

4.3. Applicable for the Stores : The Commission [Amuse Fee] for the Buyer is 9% [incl. VAT] of the Gallery Store Price. There is no commission on the Shipping Costs.

4.4. Applicable for the Stores : The Commission [Amuse Fee] for the Seller is 15,1% [incl. VAT] of the Gallery Store Price. There is no commission on the Shipping Costs.

5. Bidding procedure, Reserve price and Gallery Store Price

5.1. Lots may start at €1,- (One Euro) and bids may go up by €1,- (One Euro) at the time, or higher, such as €5,- ; €10,- ; €20,- or €50,- at the time when this is installed as such. The current system is basically an automatic bid system which allows the User to fill in an amount that might be higher than the Start price or even higher than the minimal next bid if previous bids are already placed. The amount will only be visible for the User as “Your maximum bid” while the Current hammer price will indicate the actual highest bid. The User will be the Highest Bidder until his “maximum bid” is overbid by another User.

5.2. When the User places a bid on a Lot without Reserve price the User will become the Highest Bidder immediately for as long as no other User places a higher bid. The text “You are currently the highest bidder for this auction” will appear in the Lot Product page. When the User gets outbid by another User, the previous will see the text: “Your bid is not (longer) high enough to win this auction. Place a higher bid”.

5.3. The Highest Bidder is only a temporary status during the running time of the Auction. The Highest Bidder is therefore not (yet) the Winning Bidder and can not make claims on the Lots in this respect.

5.4. Special Lots (special items, possibly with- but not restricted to an expected revenue and/or value above € 150,-) can be given a reserve price under which the Lot is not sold. The height of this reserve has been determined in consultation with the auctioneer / expert. Those Special Lots will have their Reserve as Starting Price. The bids go up by €1,- (One Euro) or higher, such as €5,- ; €10,- ; €20,- or €50,- when this is installed.

5.5. When the User places a bid on a Lot with a Reserve price, the User will become the Highest Bidder as long as no other User places a higher bid. The text “You are currently the highest bidder for this auction” will appear in the Lot Product page. However the User will only become the Winning Bidder when the User is registered in our System as the one with the Highest Bid on the final moment of point zero.

5.6. Gallery Store Products can be purchased immediately for the Gallery Store Price + Amuse Fee and Shipping Costs by adding the Product to the Cart and successfully fulfill the Payment procedure. The Buyer will receive an e-mail stating his Purchase. See also 7.3.

6. Start, Duration and Ending of Auctions

6.1. The auction listings will start every Friday at 12.00 CET and usually will end on Wednesday (5 days), Thursday (6 days) or Friday (7 days) at 20.00 CET (and further). Some auction listings will run for a longer period (e.g. 10 days from Friday until Monday of the following week). Amuse reserves the right to postpone the Auction(s) or to choose another running period.

6.2. The auction listing will be published and visible for sellers at least 24 hours before the start of the auction [Fridays at 12.00 CET]. Usually the auction listings will be published one week before the start of the auction. During this period the seller can still :
a. a. ask for changes in description.
b. b. ask to withdraw the lot.

6.3. Lots are provided with a visible countdown timer indicating the end moment of the lot in question. The auction (of each individual lot) ends when the timer has reached the final point zero.

6.4. The Winning Bidder is the User who is registered in our System as the one with the Highest Bid on the final moment of point zero.

6.5. When a bid is placed in the last minute before the auction (of each individual Lot) ends, the System will automatically add an extra minute (60 seconds) allowing other Bidders to place a Higher Bid on the Lot in question.

6.6. The Winning Bidder will receive a Winning Bid e-mail stating that the Winning Bidder has won the Lot in question. A link to a Payment page will be included in the Winning Bid e-mail. The Winning Bidder may also use the Check-out procedure in his Account to make a payment for the Lot in question.

7. Obligation to pay / obligation to deliver / Pay-out to Seller / Disputes

7.1. The Winning Bidder is obliged to pay Amuse.Auction for the auctioned good(s) the Purchase Price [Hammer Price + Commission Fee + Shipping Costs] within 3 working days after the end of the Auction. This by using the means to pay as provided by Amuse.Auction (Payment Services) and communicated in the Winning Bid e-mail.

7.2. In the absence of payment as described above, a collection agency (incassobureau) will be involved. All extra costs to collect the Purchase Price will be charged to the Winning Bidder.

7.3. The Seller is obliged to deliver (send by mail or hand over) the auctioned good(s) and/or the Store Product to the Winning Bidder within 3 working days after the Winning Bidder / Buyer has paid the Purchase Price to Amuse.Auction. The Seller will automatically receive an e-mail stating the Order number (#0000) and the Shipping address as well as Contact info of the Winning Bidder / Buyer. This Contact info is only meant to be used for delivering the auctioned good(s) and/or Store Product to the Winning Bidder / Buyer.

7.4. The Seller will be paid out the Purchase Price (after deduction of the Commission Amuse Fees) only after the Winning Bidder / Buyer has paid the Purchase Price and the Seller has shipped the Lot / Store Product or the Lot / Store Product has been picked up by the Winning Bidder / Buyer in accordance with Article 7.3. In order to be eligible for payment by Amuse, the seller is obliged to convert the Order (s) via his Account to the status ‘Completed’. With this specific action, the seller declares that the Lot / Store Product has been sent / has been handed over to the Winning Bidder / Buyer. The Winning Bidder / Buyer will receive an automatic generated e-mail stating “Your Amuse Auctions order is now complete”.

7.5. Payment to the Seller may be suspended, in particular in the event that the Winning Bidder / Buyer has given notice of e.g., alleged damage to or nonconformity of the Lot / Store Product. The Winning Bidder / Buyer is expected to give notice to Amuse about such a dispute within 48 Hours after receipt of the Lot / Store Product in question. Amuse.Auction is never obliged to mediate in disputes but may do so when irregularities about a Purchase (Lot or Store Product) are reported on time [i.e. 48 Hours after receipt of the Lot].

7.6. Users, Sellers and Buyers are expected to solve disputes among themselves. In the case that a dispute can not be resolved by the Users, Amuse may mediate as a third impartial party and take a final decision based on the Information provided by all Users involved. All Users, Buyers and Sellers hereby declare that they will agree with and comply to such a final decision without further possibilities to protest against such a final decision.

 

8. Prohibited items

8.1. Amuse.Auction wishes to present almost the whole range of human sexuality including most forms of fetish. The following subjects will however not be allowed / presented on our auctions:
a. Children. [For ethical, moral and legal reasons, images, items or literature concerning (sexual acts with or between) minors are not welcome].
b. Bestiality. [The European Law forbids the selling, or even possession of images or literature concerning sexual acts with animals]. An exception may be made for (antiquarian) material and themes related to Classical ancient Myths (such as Leda and the Swan).
c. Coprophagy. [Strictly speaking this peculiar fetish is not prohibited but as we expect that a greater part of our visitors (buyers and sellers) could consider this undesirable we will not take it into auction. An exception may be made for Scatology].
d. Sexual services. [Our auction is only meant for physical objects] e. Ivory after 1947. We are bound to the regulations of CITES. A CITES document from a recognized appraiser, stating the age of the object, will always be obligated when offering such items. When there is still doubt about the age of the item (even if a CITES document is included) the auctioneer or expert keeps the right to refuse the item (in the interest of all parties involved). Dutch information site: https://abonneren.rijksoverheid.nl/nieuwsbrieven/archief/cites-nieuwsbrief/203/editie/b624bc84-f4ec-4fe3-8ad0-257a3dd30bab

9. Responsibility

9.1. As a Seller, you are (legally) responsible for your Lot / Store Product (including the presentation and description). Do not offer Lots or Products that might fall under the in paragraph 8 mentioned subjects. Also, we ask all Users to help us detect unwanted items in the (running) Auctions / Gallery Stores. [We will do all efforts to keep our Platform clean from these subjects but since we are human and many Lots / Products go through our hands, unwanted errors can be made].

9.2. Sellers are responsible for the safe package and dispatch of their Lot(s) / Store Product(s). They are expected to use Registered Mail with Track & Trace code and possibly an applicable insurance. In the case of a dispute where Amuse is acting as a third impartial party, the Seller is obliged to offer proof of sending the Lot(s) / Store Product(s) with detailed Track & Trace information.

10. Refusal / withdrawal of Lots

10.1.The Auctioneer / Expert has the right to refuse or remove Lots / Products from our auctions / Gallery Stores without stating reasons.

11. Description of Lots / Copyright of Information / Languages

11.1. The Seller guarantees that he is the rightful owner of- or is authorized to sell the Lot(s) / Store Products.

11.2. Amuse.Auction is neither responsible nor liable towards other Users for the description of Lots / Store Products. The Seller accepts that Amuse.Auction (it’s Auctioneer(s) or Expert(s) may propose or make changes to and/or supplement the description of the Lot / Store Product offered. The Seller will be given an opportunity to review the description before the Online Auction starts. The Seller warrants that the Lot / Store Product will be in accordance with the description and indemnifies Amuse.Auction against any claims brought by the Winning Bidder / Buyer in connection with the Lot’s failure to be in compliance with that description.

11.3. The Seller grants Amuse.Auction without any restriction the Right to use the Information (including images) provided with the Sellers Lot / Store Products for Promotional Means in any form Amuse.Auction finds fitting.

11.4. The Description of Lots is in English. Translations might be offered using an automated system. The English version of the Description however will be leading.

11.2. Amuse.Auction is not responsible for these automated Translations of Descriptions and can not be held accountable for any damage the User may suffer from decisions taken on the basis of these Translations of Lot / Store Product Descriptions.

 

12. Shipping costs

12.1. Sellers are expected to install the actual Shipping Costs (possibly including a small fee for Packaging and Handling) that are needed to cover the costs of sending the auctioned good(s) / purchased Store Product to the Winning Bidder / Buyer.

12.2. The Amuse system automatically adds the Shipping Costs to each Lot or Store Product. When a User (Winning Bidder or Buyer) wins or adds multiple Lots or Store Products into his Shopping Cart, each of these Lots or Store Products will have their own Shipping Costs added to the Total Price. The System does so also when the Products are from the same Seller.

12.3. The Seller is not obliged to combine Lots and/or Store Products into one package.

12.4. The Winning Bidder and/or Buyer can request the Seller to combine Lots and/or Products after Payment is made and ask the Seller to refund the overpaid amount in shipping costs. Seller and Buyer will have to find an agreement on this subject and arrange the refund between themselves. Amuse can not be held responsible for any disputes about such arrangements but might act as mediator.

 

13. General disclaimer

13.1. Amuse.Auction provides an Online Platform that functions in a digital environment. Amuse.Auction can not held be responsible for any damage in any form when the Functionality of the Online Platform is hindered or when the Platform suffers from technical difficulties such as Server malfunctions.

13.2.Amuse.Auction reserves the right to stop auctions and continue at a later date to be determined if technical or other reasons justify this.

13.3. Amuse.Auction is in no way responsible and can not be held accountable for any damage the User may suffer from using our Service, or taking decisions based on Information as visible in the Lots / Store Products and/or on our website.

14. Contact

14.1. You can contact us in the following ways:
A. General questions:
Send an e-mail to : [email protected]
Alternatively, use the chat function on the website.

B. Questions about Lots / Store Products / assistance with descriptions:
Contact our expert :
Marco van Kampen – Expert Erotica
E. [email protected]
T. 0031 85029 3355

C. Questions about the possibilities of having a complete Erotica collection handled by
Amuse Auction B.V. Contact our Head auctioneer :
Geert Postma – Head auctioneer
E. [email protected]
T. 0031 85029 3355

D. Questions about finance and compliance :
E. [email protected]

E. Questions about privacy and GDPR :
E. [email protected]