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Case Details

Case Details
National ID 55/2011
Member State Belgium
Common Name link
Decision type Other
Decision date 26/05/2010
Court Hof van Beroep (NL)/Cour d'appel (FR) (Appellate court, Ghent)
Subject
Plaintiff
Defendant
Keywords

Unfair Contract Terms Directive, Article 1, 1. Distance Selling Directive, Article 1

Registered users of eBay parties have agreed to the general terms and conditions of eBay with regard to sales via this internet site. These general terms allow a seller to add terms, as long as they do not contravene with the general terms of eBay.
The fact that there is a sale as soon as the parties agree about the object and the price does not pertain to the public order: parties may add conditions that are of key importance to them. The fact that the additional terms were in Dutch and in French does not preclude that they could be understood by a German buyer, as the entire description of the old-timer offered for sale was in the same languages.
The additional condition of an advance of 10% within 24 hours after the end of the auction contravenes art. 80§3 TPA and is null and void. The additional term requiring the seller to be contacted within 24 hours after the auction is, however, valid. As the seller was not contacted within that time limit, the seller deemed himself not bound by the sale. The mere fact that the seller did not invoke this term in his initial response to the buyer does not constitute ‘loss of right’ or ‘abuse of right’.
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