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Terms and Conditions

Terms and Conditions – SWOPEX
These Terms and Conditions apply to all agreements and services offered through the SWOPEX online platform (hereinafter: "SWOPEX", "we", "us", "our"). By using our website or creating an account, you agree to these terms.


1. Definitions

  • SWOPEX: the online auction platform for second-hand construction equipment, owned by SWOPEX B.V., located at Dokter van Deenweg 108, 8025 BK Zwolle, the Netherlands.

  • User: any natural or legal person who registers on the platform.

  • Seller: a user who offers second-hand construction equipment via SWOPEX.

  • Buyer: a user who participates in an auction and/or places a bid.

  • Transaction: an agreement for the purchase/sale concluded via the platform.

  • Auction: the process through which buyers can place bids on listed items.


2. Applicability

  • These terms apply to all users of SWOPEX.

  • Deviations are only valid if agreed upon in writing.

  • Any general terms and conditions of the user are expressly rejected.


3. Registration and Account

  • An account is required to use the platform.

  • You are responsible for the accuracy of the information provided during registration.

  • SWOPEX verifies and validates your details before your account is accepted. Without a verified account, you cannot participate in auctions or list items.

  • You are responsible for maintaining the confidentiality of your login credentials.


4. Sales Process

  • The auction begins with a blind bidding round without a starting price. Bidders submit non-visible bids.

  • After this round, the official auction phase begins, in which only selected bidders can participate.

  • Every bid is binding. Once a bid is accepted by the seller, a purchase agreement is established.

  • The seller retains the right to accept or reject any bid.


5. Transactions and Payment

  • SWOPEX facilitates communication and bidding but is not a party to the final transaction.

  • Payments are made directly between buyer and seller. SWOPEX does not hold any funds.

  • The status of payments and communication can be monitored via the platform.

  • SWOPEX is not liable for non-performance or disputes between buyer and seller.


6. User Obligations

  • Users must comply with applicable laws and regulations.

  • It is prohibited to post misleading information or place fake bids.

  • SWOPEX reserves the right to block or delete accounts in case of abuse.


7. Liability

  • SWOPEX is not liable for any direct or indirect damages resulting from the use of the platform.

  • SWOPEX does not guarantee that the platform will function error-free or without interruptions.

  • Sellers are fully responsible for the accuracy of the listed products and information.


8. Intellectual Property

  • All rights to content, trademarks, logos, and designs of SWOPEX belong to SWOPEX or its licensors.

  • Users may not copy, distribute, or use any materials without written permission.


9. Privacy

  • The processing of personal data is carried out in accordance with our privacy policy, as published on our website.


10. Complaints and Disputes

  • Complaints can be submitted via [email address].

  • These terms and conditions are governed by Dutch law.

  • Disputes will be submitted exclusively to the competent court in [location].


11. Changes to These Terms

  • SWOPEX reserves the right to change these terms at any time.

  • Users will be informed via the platform or by email.

  • By continuing to use the platform after changes, the user accepts the updated terms.

Last updated: May 13, 2025