Legal Advice after an Incorrect Bid at an Auction

Questioner

Good day, I accidentally placed a bid at BVA-Action Auction. I wanted to know the total auction fee. While scrolling down, I accidentally clicked the "place bid" button. I immediately called BVA, but they said the explanation stated that I could no longer invoke my right of withdrawal because this was a public auction. I'm a consumer, and I can't even afford the almost €10,000 bid. What can I do?

Questioner

On the one hand, I know that bidding at public auctions is not subject to the cooling-off period (Article 6:230 PC); on the other hand, I find it insufficient to merely state this in an explanation. It must be addressed several times and conspicuously. Yet, something else is at stake here: it is a case of improper error, a mistake. And you also immediately tried to correct the incorrect acceptance of the offer. I wonder what the terms and conditions say about mutual offer and acceptance, because if you were so quick to invoke the fact that you did not want a legal act, it seems to me an unreasonable attitude on the part of the auctioneer, or you changed your statement in time. It is worth legally contradicting this, but complicated because conditions may also have to be annulled.

Questioner

Thank you for your reply. Yes, I emailed and called right away. I didn't change my statement or anything. I clearly indicated it was a mistake. The only additional explanation states that the right of withdrawal cannot be invoked. I didn't see this mentioned anywhere else. Only after the offer had been submitted did I check if it was mentioned anywhere.

Questioner

Yes, that information about the right of withdrawal must be prominently displayed on the website. I don't know if that's the case; otherwise, you're not bound. Since Article 6:230 M h mentions the right of withdrawal being prominently displayed, the same could certainly be required conversely, as the consequences could be more serious.

Questioner

Information about cancellations was included in the terms and conditions and in an explanation of the lot. But it wasn't clear, so I had to read the terms and conditions and the explanation first. I hadn't done this either because I didn't want to close the lot at all. If you think this could be of any help, I'd be happy to get in touch.