Terms and conditions

Version 1.0Effective date: 16 September 2026 Previous versions

This is a translation of the Dutch text. In the event of any discrepancy between the two versions, the Dutch text prevails.

Article 1 – Who we are

Koi Auction Europe is the online auction platform of Koi en Vijverbouw B.V..

Koi en Vijverbouw B.V.

Statutory and trade name: Koi en Vijverbouw B.V.
Legal form: private limited company (besloten vennootschap)
Activities: The sale, breeding and trade of special fish species, in particular koi, as well as the construction and maintenance of ponds.
Registered address (principal establishment): Mostheuvel 11, 5513 NT Wintelre, the Netherlands
Chamber of Commerce (KvK) number: 99492342
Establishment number: 000064560023
VAT number: NL869013282B01
Email: info@koienvijverbouw.nl
Phone: +31 6 3073 5524

Auction platform website: www.koiauction.eu

Article 2 – Definitions

We / Koi Auction Europe: Koi en Vijverbouw B.V., operator of the online auction platform Koi Auction Europe.
Platform: the website www.koiauction.eu, including the account section and the functionality for, among other things, viewing auctions, bidding, paying and managing purchases.
Consumer: a natural person acting for purposes outside his trade, business, craft or profession.
Business customer: a natural person or legal entity acting in the exercise of a profession or business.
Customer: any consumer or business customer who creates an account, places a bid, makes a purchase or otherwise enters into an agreement with us.
Account: the personal account on the platform with which the customer can, among other things, bid, view won auctions and manage purchases.
Bidder: a customer who places a bid on a koi through his account.
Auction: an online bidding procedure on the platform in which bids can be placed on a koi during a predetermined period.
Bid: an amount submitted through the platform for which the bidder is willing to buy the koi concerned. A bid can be placed manually or through automatic bidding.
Automatic bid: a maximum amount set by the bidder within which the platform may bid automatically on the bidder's behalf, in accordance with the applicable bid increments.
Bid increment: the minimum amount by which a new bid must exceed the bid that applies at that moment. The applicable bid increment is shown on the platform.
Valid bid: a bid placed in accordance with the rules of the platform and these terms and conditions that has not been declared invalid.
Closing time: the moment at which an auction definitively ends, including any automatic extensions resulting from bids in the closing phase. The time shown on the platform is decisive.
Reserve price: the minimum price for which a koi is sold, exclusively where the auction concerned states that a reserve price applies.
Winner: the bidder with the highest valid bid at the moment the auction definitively closes, provided that any reserve price has been met.
Koi: the live fish offered through an auction on the platform.
Purchase agreement: the agreement between us and the customer concerning the purchase of a koi or other product through the platform.
Delivery: the moment at which the koi actually comes into the possession of the customer or of a third party designated by the customer, not being the carrier, by delivery or collection.
Distance contract: an agreement between us and a customer concluded without simultaneous physical presence, including a purchase through the platform.

Article 3 – Applicability

These terms and conditions apply to the use of the platform, the creation and use of an account, every bid placed and every purchase agreement concluded through Koi Auction Europe.
Articles 4 to 10 contain the provisions that apply specifically to koi offered through our online auctions. Article 11 concerns other products and services of Koi en Vijverbouw B.V..
When you create an account, we ask you to agree to these terms and conditions. The terms are available to view and to save before you accept them. Without acceptance you cannot bid through the platform.
Additional conditions or particulars may apply to a specific auction, for example regarding the closing time, bid increments, reserve price, collection or transport. These are stated clearly with the auction concerned before a bid is placed. If a specific condition expressly deviates from these terms and conditions, the specific condition applies to that auction, to the extent permitted by law.
We may amend these terms and conditions. After an amendment we ask account holders to accept the new version again before they can bid. The version that applied at the time continues to apply to bids and purchase agreements concluded before the amendment. See also article 19.
Deviations from these terms and conditions are valid only if they have been expressly agreed with us and confirmed in writing, including by email.
Nothing in these terms and conditions limits the rights a consumer has under mandatory law. If a provision conflicts in whole or in part with mandatory law or is otherwise invalid, the remainder of these terms and conditions remains in force.

Article 4 – Offer and information about koi

For every auction we provide a description of the koi offered that is as careful as possible. Where known and relevant we state, among other things, the variety, breeder, country of origin, age or age class, size and sex. Where the sex is not known to us or cannot be established with sufficient certainty, we do not state it as an established fact. We also show photographs and, where available, video footage.
Where we state a size, this is the last size known to us or measured by us. A koi is a living animal and may grow further between the moment of measuring, photographing and delivery. A stated age or age class is likewise based on the information available to us.
Photographs and videos are used to give an image of the koi that is as representative as possible at the moment of recording. Please bear in mind that colours and details may be displayed somewhat differently due to, among other things, lighting conditions, camera settings and screens.
A koi continues to develop. Colour, pattern, body shape and size, among other things, may change through growth, age, season, feeding, water quality and other circumstances. The images and description shown are therefore no guarantee of the future development or appearance of the koi.
We state the breeder and origin insofar as these are known to us. If a breeder's certificate or other document of origin is available for a koi, we state this with the auction concerned and the document is supplied with the koi.
Information about health, quarantine and any testing is described in article 9 of these terms and conditions.
No rights can be derived from obvious clerical, arithmetical or input errors in an auction where it was clear to the customer, or should reasonably have been clear, that a mistake was involved.

Article 5 – Online auctions

5.1 Account

You need an account in order to bid. You must be 18 years or older and legally competent. You confirm this when creating your account.
You are obliged to provide correct and complete details and to keep them up to date. We may request additional details that are necessary for the use of the platform or the performance of a purchase agreement.
Your account is personal. Keep your login details secret and do not give others access to your account. Bids placed through your account are for your account, unless you can demonstrate that another person gained access to your account without your permission and without any act on your part.
Do you suspect that someone else has access to your account or that it is being misused? Please contact us as soon as possible.
Closing your account or having it deleted does not affect bids, purchase agreements or payment obligations that arose before the account was closed.
Administrators and employees of Koi Auction Europe and Koi en Vijverbouw B.V. may not take part in the auctions on the platform.

5.2 Auction details

For every auction we state the details relevant to that auction, including the starting price, the applicable bid increments, the closing time, any reserve price and the available information about the koi.
The time shown on the platform is decisive for the course of the auction, the closing time and the order of bids.
Additional conditions or particulars may apply to a specific auction. These are stated with the auction concerned.

5.3 Bidding

A bid must be at least equal to the amount that the platform indicates at that moment as the next valid bid, taking into account the applicable bid increments.
Before you confirm a bid definitively, you are given the opportunity to check the amount. Check your bid carefully before you place it.
A bid that has been placed is binding and cannot be withdrawn or lowered. If your bid is the highest valid bid when the auction definitively closes, you are obliged to take delivery of the koi for that amount and to pay for it, subject to any reserve price.
For consumers, the statutory right of withdrawal as described in article 10 continues to apply after the purchase agreement has been concluded.
If two bids are registered for the same amount, the bid that according to the platform was received first takes precedence.

5.4 Automatic bidding

Where automatic bidding is available for an auction, you can set a maximum amount that you are willing to pay for the koi.
If you are outbid, the platform may automatically place the next valid bid on your behalf in accordance with the applicable bid increments, until the maximum amount you have set is reached.
Other bidders cannot see the maximum amount you have set.
Bids placed automatically are binding in the same way as bids you place manually yourself.
If several bidders set the same maximum amount, the maximum bid registered first by the platform takes precedence. If you change your maximum amount, the time of that change counts as the time of registration.
While the auction is running, you can adjust your maximum amount or stop automatic bidding. You may lower your maximum, but never below a bid already placed on your behalf; that bid remains binding. All other bids already placed on your behalf at that moment likewise remain valid and binding.

5.5 Automatic extension for late bids

For auctions with automatic extension enabled, the closing time is extended automatically if a valid bid is still placed during the closing phase. Whether extension applies, which closing phase is used for it and by how much time the auction is extended is stated with the auction concerned.
This automatic extension prevents an auction from being won in the final seconds without other bidders still having the opportunity to respond.
If a bid is placed again during the extended period, the closing time may be extended again. This may continue to repeat for as long as new valid bids are placed within the applicable closing phase.
The current closing time shown on the platform is decisive.

5.6 End of the auction and purchase agreement

When the auction definitively closes, the purchase agreement is concluded between Koi en Vijverbouw B.V. and the bidder with the highest valid bid, provided that any reserve price has been met.
The winner receives confirmation of this by email and/or through the account on the platform, with information about payment and further handling.
The bids of other bidders lapse after the auction has definitively closed, except where the provisions of article 5.8 or 5.10 apply.

5.7 Reserve price

A reserve price applies exclusively where the auction concerned indicates that a reserve price is applicable.
If no reserve price applies, the koi is sold to the bidder with the highest valid bid when the auction definitively closes.
If a reserve price does apply and it is not met, no purchase agreement is concluded.
We may still make a separate offer to the highest bidder after the auction has ended. The bidder is free to accept that offer or not. In that case a purchase agreement is concluded only after the bidder has expressly accepted the offer.

5.8 Misuse, invalid bids and blocking

It is not permitted to manipulate the bidding process, to drive up prices artificially, to take part with several accounts in order to influence the bidding process, to use another person's details, or to place bids without the actual intention of taking delivery of and paying for a koi that is won.
Where there is a reasonable suspicion of fraud, misuse, manipulation or another breach of these terms, we may carry out further investigation and, where there is sufficient reason to do so, declare a bid invalid, block an account temporarily or permanently, or stop an auction or declare it invalid.
The platform can recognise certain signals of possible misuse automatically. An automatic signal does not by itself lead to a measure. We assess the circumstances before a measure is taken.
If the highest bid is declared invalid, the next valid bid may count as the highest bid, insofar as a reliable and fair auction result can thereby be established.
When we take a measure against an account, we inform the customer concerned and state the reason, unless providing that information could hinder an investigation into fraud or misuse.
If you disagree with a measure taken, you can contact us. We will then reassess the situation.

5.9 Outages and technical faults

We do our best to keep Koi Auction Europe properly and reliably available. We cannot, however, guarantee that the platform always functions entirely without faults or interruptions.
If a technical fault or error has materially affected the course of an auction, for example because bids could temporarily not be placed or an incorrect closing time or price was shown, we may take appropriate measures to restore a fair course of the auction.
Depending on the situation, we may extend, temporarily interrupt, end or re-offer an auction. We inform the bidders concerned where such a measure has consequences for the auction in which they are taking part.
We are not responsible for a bid that cannot be placed, or cannot be placed in time, due to problems with your own equipment, internet connection, browser or other systems over which we have no control, to the extent permitted by law.

5.10 Second chance

If a purchase agreement with the winner is terminated because the winner does not pay, or does not pay in time, as referred to in article 7, we may offer the koi to the bidder with the next highest valid bid.
This offer may be made for the amount of that bidder's last valid bid.
The bidder concerned is not obliged to accept this offer. A purchase agreement is concluded only when the bidder expressly accepts the offer.

5.11 Health and welfare during the auction

If during a running auction it appears that there is doubt about the health or welfare of the koi offered, we may temporarily interrupt the auction or end it prematurely.
If an auction is ended for this reason before it has definitively closed, the bids placed lapse and no purchase agreement is concluded.
We inform the bidders concerned where this applies.

Article 6 – Prices and payment

All bids and prices on the platform are shown in euros. For consumers the prices stated include VAT.
The highest valid bid with which the auction is won constitutes the purchase price of the koi, subject to any reserve price.
Collection at Koi & Vijverbouw in Wintelre does not involve any transport costs.
If you opt for transport, additional costs may apply. The applicable transport costs, or the way in which these are calculated, are stated clearly to you before you definitively opt for transport. The exact costs are shown to you before you complete the payment.
Payment is made through the platform using one of the payment methods available at that moment through our payment service provider Mollie.
You pay the full purchase price and any agreed transport costs within 7 days of the auction definitively closing. The final payment date is stated in your account and/or in the payment confirmation.
Collection or transport takes place after we have received payment in full, unless we have expressly agreed otherwise with you.

Article 7 – Late or non-payment

If payment has not been received within the payment period referred to in article 6, we will send you a payment reminder by email and/or through your account and give you an additional period in which to pay after all.
If payment is still not made within this additional period, we may rescind the purchase agreement. We will inform you of this by email.
After rescission we may offer the koi again through an auction or, in accordance with article 5.10, make an offer to the bidder with the next highest valid bid.
We may charge reasonable costs and demonstrable loss arising because a customer does not meet his payment obligations, to the extent permitted by law.
In the case of consumers, statutory interest and extrajudicial collection costs may be charged only insofar as the statutory conditions have been met. Before collection costs are charged, the consumer receives a written demand with a statutory payment period of 14 days. The collection costs never exceed what is permitted by law.
In the case of business customers we may, to the extent permitted by law, charge statutory commercial interest and reasonable extrajudicial collection costs.
Where a purchase agreement is rescinded on account of non-payment, we may record this with the account concerned. In the event of repeated non-payment we may block the ability to bid temporarily or permanently.
If your account is blocked on account of non-payment, we will inform you. You can contact us to have the block reviewed by us.

Article 8 – Collection, transport and risk

After winning an auction you can opt for collection at Koi & Vijverbouw in Wintelre or, where available, for transport.
After import every koi stays in our own quarantine for at least 4 weeks. Collection or transport is possible once this quarantine period has been completed and payment has been received in full, unless we have expressly agreed otherwise with you.
Additional arrangements, for example regarding the collection period, a longer stay with us or overwintering, are agreed with you. Any costs involved are discussed with you in advance.

Collection

Collection takes place at Koi & Vijverbouw in Wintelre, at a time agreed in advance.
We ensure that the koi is packed carefully and suitably for the journey. From the moment you, or someone on your behalf, take receipt of the koi, you are yourself responsible for suitable transport, the travel time, temperature and further care during the journey.

Transport

If you opt for transport, your koi is packed carefully in water and oxygen and prepared for the journey.
Transport takes place after payment has been received in full and at a moment at which we assess that responsible transport is possible.
Transport takes place without active temperature control. Where we are of the opinion that the temperature, weather conditions or other circumstances are not suitable for responsible transport of the koi, we may postpone the transport. In that case we will contact you to arrange a new transport date.
Please ensure that someone is present and reachable at the agreed delivery time to take receipt of the koi. If the koi cannot be delivered due to circumstances on your side, reasonable additional costs for a new transport attempt or additional care may be charged.

Transfer of risk

In the case of transport offered or arranged by us, the koi remains at our risk until you, or a third party designated by you who is not the carrier, has actually taken receipt of the koi.
If you collect the koi yourself, the risk transfers at the moment you, or someone on your behalf, takes receipt of the koi from us.
If, as a consumer, you yourself choose a carrier that is not offered or arranged by us, the risk transfers at the moment the koi is taken into the carrier's possession, insofar as this follows from the law.

Late collection

If you do not collect the koi within the agreed period or do not appear at an agreed collection time, we will contact you and give you the opportunity to make a new appointment.
If this gives rise to additional costs for care or housing, we may charge these reasonable costs to you after we have informed you about them.
Even where you are late in collecting, we continue to care for the koi with the care reasonably required for the duration of its stay with us.

Inspection on receipt

On receipt, inspect the koi as thoroughly as possible for visible problems. If something is not in order, please contact us as soon as possible as described in article 13.

Article 9 – Health and quarantine

After import every koi stays in our own quarantine for at least 4 weeks. During this period we monitor the health and behaviour of our koi carefully.
During quarantine, testing for KHV and CEV is carried out. Test results provide information about the health situation at the moment of examination, but cannot guarantee that a koi is entirely free of these or other diseases and parasites.
Where there is doubt about the health of a koi, it is not offered through Koi Auction Europe.
A koi is a living animal. Despite our quarantine, checks and testing, it is not possible to exclude every health risk entirely. This does not affect the statutory rights of the customer as described in article 12.
After delivery you are responsible for careful acclimatisation, suitable water quality, housing and further care of the koi. Problems that demonstrably arise from circumstances after delivery for which we are not responsible are not for our account, to the extent permitted by law.
If a purchased koi falls ill before delivery or dies before the risk has transferred to you under article 8, we will inform you as soon as possible. In that case you are entitled to a refund of the amount paid for that koi. Only with your consent may we instead offer another koi or a credit.
Advice we give about the health and care of koi is based on our knowledge and experience. Where veterinary examination or treatment is needed, we advise consulting a qualified veterinarian.

Article 10 – Right of withdrawal for consumers

10.1 Right to a cooling-off period

If, as a consumer, you buy a koi through Koi Auction Europe, you have a statutory cooling-off period of 14 days after receipt of the koi. Within this period you can withdraw from the purchase without giving reasons.
The fact that the koi was bought through an online auction does not change this statutory right of withdrawal.
The right of withdrawal applies exclusively to consumers and not to business customers.
You can find more information about the cooling-off period, withdrawing from a purchase and returning a koi on our Returns & withdrawal page.

10.2 Start of the cooling-off period

The cooling-off period starts on the day after you, or a third party designated by you who is not the carrier, has taken receipt of the koi.
If you collect the koi from us in Wintelre, the cooling-off period starts on the day after collection.

10.3 Exercising the right of withdrawal

If you wish to exercise your right of withdrawal, let us know unambiguously within the cooling-off period that you wish to withdraw from the purchase. You do not need to give a reason.
You can use the online "Undo this purchase" function on Koi Auction Europe for this. You can also inform us by email at info@koienvijverbouw.nl or use the model withdrawal form. That model form is also included as Annex A to these terms and conditions.
If you use the online function to withdraw from the purchase, you receive an electronic confirmation immediately.
After you have withdrawn from the purchase, the koi must be returned to us within 14 days at the latest.
Because a living animal is involved, we ask you to contact us before returning the koi or arranging return transport. We can then agree together how the koi can be returned responsibly. This does not limit your statutory right of withdrawal.

10.4 Handling the koi during the cooling-off period

During the cooling-off period you may handle the koi only to the extent necessary to assess its nature and characteristics.
Placing a koi in a pond, quarantine tank or other water may go further than is necessary to assess the koi.
If you go further with the koi than is necessary for the assessment and this causes a diminution in value, we may charge that diminution in value to you, to the extent permitted by law.
Contact with other water may involve health and contamination risks. As a result, a koi cannot simply be returned to our existing stock. This may lead to a considerable diminution in value. The amount is always assessed on the basis of the specific circumstances and is not set in advance at a fixed percentage.

10.5 Returning and return transport

A koi cannot be returned by regular parcel post. The koi must be returned to us in a manner that is suitable and responsible for live koi.
The direct costs of returning the koi or of return transport are for the consumer's account, provided that we have informed you clearly about this before the purchase agreement was concluded.
The estimated maximum costs of return transport are stated clearly on the platform before a bid is placed and can also be found on our Returns & withdrawal page.
The return address is: Koi en Vijverbouw B.V., Mostheuvel 11, 5513 NT Wintelre, The Netherlands

10.6 Refund

Where you lawfully exercise your right of withdrawal, we refund the payments that we are required by law to refund to you, including the original delivery costs insofar as these qualify for reimbursement under the law.
If you expressly chose a more expensive method of delivery than the standard delivery offered by us, we are not required to refund the additional costs of that more expensive delivery method.
We pay the amount due within 14 days at the latest after we have received your declaration of withdrawal.
We may wait to refund until we have received the koi back or until you have demonstrated that the koi has been returned or sent back, whichever occurs first.
We may set off against the amount to be refunded any diminution in value for which you are liable under the law.
For the refund we use the same means of payment as the one you originally used, unless you expressly agree to another method of payment. We do not charge any costs for the refund.

Article 11 – Other products and services

Insofar as the provisions concerned are applicable by their nature, these terms and conditions may also apply to other products and services you obtain from Koi en Vijverbouw B.V., where these terms have been declared applicable to that agreement.
If, while collecting a koi, you buy additional products at our shop in Wintelre and these terms and conditions have been declared applicable to that purchase, the provisions of these terms and conditions apply to that purchase insofar as they are applicable by their nature. Provisions relating specifically to the online auction process do not apply to it.
For a purchase concluded entirely in our physical shop in Wintelre, the statutory 14-day right of withdrawal that applies to a distance contract does not apply.
The statutory rights of the customer apply to products such as pond technology, pond supplies and other articles. Technical products must be installed, used and maintained in accordance with the applicable instructions and manuals.
For services such as advice, pond construction and maintenance, we agree in advance on, among other things, the work, price, planning and execution. Any additional work is agreed with you in advance, unless immediate action is reasonably necessary to prevent damage.

Article 12 – Statutory guarantee (conformity)

As a consumer you are entitled to a koi that conforms to the purchase agreement at delivery. This means, among other things, that the koi corresponds to the information and characteristics stated with the auction concerned and to what you could reasonably expect on that basis.
In assessing what you may expect of a koi, we take into account the fact that a living animal is involved. Age, development, health, growth and the information in article 4 and article 9 all play a role in this. Changes in, for example, colour, pattern, body shape or size that are consistent with the natural development of a koi do not in themselves mean that the koi does not conform to the agreement.
If a koi appears not to conform to the agreement at delivery, the statutory rights of the consumer apply. Depending on the circumstances, this may lead, for example, to an appropriate solution, replacement, a price reduction or rescission of the purchase agreement, insofar as the statutory conditions for this have been met.
If a problem arises from circumstances after delivery for which we are not responsible, such as incorrect acclimatisation, unsuitable water quality, housing, care or transport arranged by the customer himself, this does not fall under our statutory conformity obligations.
If a defect becomes apparent within one year of delivery in a consumer sale, the statutory presumption applies that the defect was present at delivery, unless we demonstrate the contrary or the nature of the koi or the nature of the defect precludes that presumption.
There is no fixed general guarantee period for the statutory guarantee in the Netherlands. How long you may expect certain properties of a product depends on the nature of the product and the circumstances of the purchase.
Any additional guarantee from us, a breeder, manufacturer or other party does not affect the statutory rights of the consumer.
Different arrangements regarding guarantee and conformity may apply to business customers, to the extent permitted by law.

Article 13 – Complaints

Do you have a complaint about a purchase, an auction or our services? Please contact us at info@koienvijverbouw.nl. Where possible, state your auction number, invoice number or order number and give a clear description of the complaint. Where relevant, add photographs or video footage.
Is your complaint about the health or condition of a koi after receipt? Please contact us as soon as possible, preferably within 24 hours of establishing the problem. With health problems in a koi, acting quickly can be important and every hour can make a difference. Where possible, send clear photographs or videos and state relevant information about the transport, the acclimatisation, housing and current water values. This allows us to assess the situation as quickly and carefully as possible and to think through the next steps with you.
The 24-hour period referred to is not a limitation of the statutory rights of consumers. A consumer must report a defect within a reasonable time after discovery. A report within two months of discovery is in any event timely.
We confirm receipt of your complaint and respond within 14 days. If we need more time to investigate the complaint carefully, we will let you know within this period when you can expect a substantive response.
We assess every complaint on the basis of the circumstances of the case and look for an appropriate solution together with you. Where necessary, we may request additional information in order to assess the cause or extent of the problem.
If we cannot reach a solution together, as a consumer you can bring the dispute before the competent court as described in article 18.

Article 14 – Liability

We are liable for damage insofar as it can be attributed to us under the law. Nothing in these terms and conditions limits the statutory rights of consumers or liability that cannot be excluded or limited under mandatory law.
We are not liable for damage arising from circumstances after delivery for which we are not responsible, such as incorrect acclimatisation, unsuitable water quality, incorrect housing or care, or transport arranged by the customer himself, unless the damage is also the result of a circumstance that can be attributed to us.
When keeping, transporting and caring for a koi, follow the advice and reasonable instructions we provide. Damage arising because these instructions are not followed is not for our account, insofar as the damage was caused thereby and the law permits this.
We are not liable for damage caused exclusively by faults or circumstances over which we reasonably have no influence, such as problems with the customer's equipment, internet connection or systems. The provisions of article 5.9 also apply to faults of the platform.
A koi is a living animal and may develop further after delivery. Natural changes in, among other things, colour, pattern, body shape and size do not give rise to liability where the koi conformed to the purchase agreement at delivery.
For business customers our liability is, to the extent permitted by law, limited to direct damage that is the direct result of an attributable failure on our part. Our liability is thereby limited to the amount of the purchase agreement concerned, unless there is intent or deliberate recklessness on our part or the law does not permit such a limitation.

Article 15 – Retention of title

A koi remains the property of Koi en Vijverbouw B.V. until you have paid in full all amounts you owe for the koi concerned.
For as long as the koi has not been paid for in full, you may not sell, transfer, pledge or otherwise make it available to a third party.
Collection or transport of the koi takes place, in principle, only after we have received payment in full, as described in article 8.

Article 16 – Force majeure

Force majeure exists where we cannot fulfil an obligation under the agreement, or cannot fulfil it in time, due to a circumstance that cannot be attributed to us.
Depending on the circumstances, force majeure may include: extreme weather, outbreaks of animal diseases, government measures, import or transport restrictions, power failures, serious technical faults and other circumstances over which we reasonably cannot exercise any influence.
A fault, delay or other failure of a third party engaged by us does not automatically qualify as force majeure. Whether force majeure exists is assessed on the basis of the statutory rules and the circumstances of the case.
In the event of temporary force majeure we may suspend the performance of our obligations for as long as the force majeure situation continues. We inform you as soon as possible where this has consequences for your purchase, collection or transport.
If the force majeure situation continues for so long that performance is reasonably no longer possible or meaningful, we or the customer may rescind the agreement in whole or in part, to the extent permitted by law.
Insofar as we have not provided a performance and have already received payment for it, we refund the amount concerned.
For consumers, the statutory rights in the event of non-performance, suspension or rescission continue to apply in full.

Article 17 – Privacy

We process personal data in accordance with the applicable privacy legislation, including the General Data Protection Regulation (GDPR).
Our privacy policy explains which personal data we process, why we process it, with whom we share data, how long we retain data and what rights you have.
The privacy policy does not form part of these terms and conditions, but contains the information about the processing of personal data when using Koi Auction Europe and our services.
Do you have questions about the processing of your personal data or do you wish to exercise your privacy rights? Please contact us at info@koienvijverbouw.nl

Article 18 – Applicable law and competent court

Dutch law applies to these terms and conditions, to the use of Koi Auction Europe and to the agreements concluded with Koi en Vijverbouw B.V..
If, as a consumer, you live in another country, this choice of Dutch law does not deprive you of the protection of mandatory statutory provisions of the country in which you habitually reside, insofar as those provisions apply to the agreement under the applicable international law.
Disputes with consumers are submitted to the court that has jurisdiction under the applicable laws and regulations. These terms and conditions do not limit the right of a consumer to bring a dispute before another court that has jurisdiction under mandatory law.
For disputes with business customers, the District Court of Oost-Brabant has exclusive jurisdiction, to the extent permitted by law.

Article 19 – Changes to these terms

We may amend these terms and conditions from time to time, for example because of changes in our services, the operation of Koi Auction Europe, laws and regulations or other relevant developments.
Every version of these terms and conditions has a version number or version date and an effective date. These details are stated at the top of the terms and conditions.
In the event of a material change we inform account holders by email and/or through the account. The new terms are made available at the same time so that you can view and save them.
After a change we ask you to accept the new terms again before you can place a new bid. If you do not accept them, you cannot place new bids to which the amended terms apply.
The version that applied at the time continues to apply to bids and purchase agreements concluded before the effective date of the amended terms.
An amendment of these terms and conditions does not affect rights already acquired or existing obligations of the customer, unless the law permits this and it has been expressly agreed otherwise.
We retain earlier versions of the terms and conditions so that it can be established which version applied at a given moment.

Annex A – Model withdrawal form

This annex forms part of these terms and conditions. Only complete and return this form if you wish to withdraw from the contract. Use of this form is not obligatory. You can also withdraw from your purchase online using the Undo this purchase function in your account. You can find the same form on our Returns & withdrawal page.

To: Koi en Vijverbouw B.V., Mostheuvel 11, 5513 NT Wintelre, the Netherlands — info@koienvijverbouw.nl

I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods:

— Description of the koi: ______________________
— Auction, order or invoice number (if known): ______________________
— Ordered on (*) / received on (*): ______________________
— Name(s) of consumer(s): ______________________
— Address of consumer(s): ______________________
— Signature of consumer(s)
(only if this form is submitted on paper): ______________________
— Date: ______________________

(*) Delete as appropriate.