Conditions Générales eCarsTrade
4. ASCENDING-BID AUCTION
5. BLIND AUCTION
9. RESERVATION OF TITLE
10. COLLECTION OF GOODS
13. INTELLECTUAL PROPERTY
15. TERMINATION OF CONTRACT
These General Terms and Conditions exclusively determine the rights and obligations of Parties to a contract of the sale of goods, such as –but not limited to– cars, via the site of eCarsTrade (www.eCarsTrade.com).
These General Terms and Conditions contain binding provisions that apply to the use of eCarsTrade in general and to orders placed through eCarsTrade in particular.
By accessing or consulting the website www.eCarsTrade.com, or by placing a bid via eCarsTrade, the user unconditionally agrees to each of the terms and conditions set forth herein.
By ordering any type of good that is offered on eCarsTrade, prior consultation and express acceptance of the General Terms and Conditions by the user is presupposed. These General Terms and Conditions consequently apply in any event to every sale of cars performed through eCarsTrade.
eCarsTrade reserves the right to change these terms and conditions at any time without notice to the user by announcing changes online. The continued use of the website after the posting of the changes constitutes an acceptance of the amended terms and conditions.
Any different term or condition than those set out in this document are herewith objected to and do not apply; except in case of prior, express and written acceptance by eCarsTrade.
2.1 eCarsTrade: the website run by Solaf BVBA, with registered office in Zwaluwenlaan 32, 3080 Tervuren and with VATIN BE 0889.569.677.
2.2 Client: Every merchant. In the case the merchant is seated in the European Union (EU), he shall have a valid company number and the legal capacity to conclude a contract of any nature with Solaf BVBA.
2.3 User: Every client with an active eCarsTrade account.
2.4 Offeror: Every individual or legal entity that offers one or more cars for sale on eCarsTrade.
2.5 Order: A request or a bid by the User to conclude a sale contract between him and eCarsTrade in relation to one or more cars offered through eCarsTrade by an Offeror.
2.6 Ascending-bid auction: Sale of cars by auction within a certain time interval.
2.7 Bid: Every binding offer by the User to conclude a sale contract with eCarsTrade.
2.8 Blind auction: A procedure in which the User has the possibility to conclude a sale contract with eCarsTrade by way of tender.
2.9 Tender: a formal offer to conclude a sale contract following the blind auction procedure.
2.10 Cars: Every new or second-hand car(s) that are offered for sale through eCarsTrade, via tender, for a fixed price or by auction.
2.11 Parties: eCarsTrade, the User and the Offeror are referred to as “Parties” in these General Terms and Conditions.
2.12 Electronic bill: Every document or notice, electronically drafted by eCarsTrade and containing an obligation to pay for the User.
2.13 Import: All goods imported from non-European member states to European member states.
2.14 Export: All goods exported from European member states to other countries_en.
3.1 Every client has the possibility to register as User on eCarsTrade. This is a necessary step to place a valid order. Registration is a free process. The registration procedure allows the User to identify by providing him with a User Name and a Password.
3.2 eCarsTrade’s automatic registration systems are proof of the content and date of registration.
3.3 Access to eCarsTrade via registration is strictly personal and confidential. The User enters provides the information requested during the registration procedure in good faith. The User is bound to not disclose his login and password to others and to prevent every form of abuse by third parties.
3.4 If the User suspects that third parties have access to his account, he informs eCarsTrade without delay. eCarsTrade reserves the right to, in case of improper, unlawful or illegal use of accounts, or in case of presumption hereof, to immediately annul the registration and to claim damages for the damage suffered in addition.
3.5 eCarsTrade is not liable for abuse of the User Name or the Password of the User.
3.6 All information the client provides to eCarsTrade for the registration is binding. eCarsTrade cannot be held liable for inaccurate entries by the Client.
4. Ascending-bid auction
4.1 eCarsTrade enables Users to buy one or more cars by auction. Every User has the right to place a bid. A bid can be placed as long as the bidding window is open. The User receives a confirmation mail from eCarsTrade within three working days after closure of the bidding window. The sale contract is concluded upon receipt of this confirmation mail.
4.2 Every bid is expressed in euro, exclusive of VAT. Administrative costs and commission fees are borne by the User.
4.3 Every bid by the User is binding and permanent. The User cannot revoke his bid, unless with prior and written consent by eCarsTrade.
4.4 eCarsTrade has the right to, as it wishes and without an obligation to provide a statement of reasons which led to the decision, refuse a bid if it suspects that the bid was invalidly or deceitfully placed. eCarsTrade is under no duty to inform the User in such event.
5. Blind auction
5.1 The User can buy one or more cars by tender. The User submits one or more specific tenders for one or more cars.
5.2 Every tender is expressed in euro, exclusive of VAT. Administrative costs and commission fees are borne by the User.
5.3 eCarsTrade is under no obligation to accept a tender submitted by the User. If eCarsTrade accepts the tender, a sale contract is concluded.
5.4 Every tender is binding and permanent. The User cannot revoke his tender, unless with prior and written consent by eCarsTrade.
5.5 eCarsTrade has the right to, as it wishes and without an obligation to provide a statement of reasons which led to the decision, refuse a tender if it suspects that the tender was invalidly or deceitfully placed. eCarsTrade is under no duty to inform the User in such event.
6.1 Prices are expressed in euro and exclusive of VAT. Prices for additional services mentioned in the price list are exclusive of shipping costs and are subject to change.
6.2 Taxes, duties and/or charges, whatever their nature, in relation to the goods delivered or the delivery of those goods, including taxes or duties that would be introduced after the conclusion of the contract, are fully borne by the User.
6.3 Banking charges and exchange charges are exclusively borne by the User.
7.1 In case of conclusion of a sale contract between the User and eCarsTrade, the User has to pay the price in full within the applicable term of payment. The price consists of (i) the price of the car, (ii) the VAT due, (iii) administrative costs and commission fees and (iv) potentially extra costs if the User has opted for additional services.
7.2 Billing is done electronically, as accepted by the User. The User is bound to take all precautionary measures regarding the receipt and safekeeping of the electronic bill.
7.3 The User has the possibility to opt for a physical copy of the bill. An additional cost of EUR 20.00 will then by charged by eCarsTrade.
7.4 In case of late payment or default of the duty to pay, the amount owed by the User is automatically increased by ten (10) percent, with a minimum amount of two hundred fifty (250) euros, in conformity with the ‘Law of 2 August 2002 regarding the fight against late payments in business transactions’ (Dutch: ‘Wet van 2 augustus 2002 betreffende de bestrijding van de betalingsachterstand bij handelstransacties’), without formal notice being required. It is also increased by default or late-payment interests, without prejudice to the right of eCarsTrade to claim more damages to cover proven damage.
7.5 In case of default of payment of a bill on the due date, every immature debt owed by the User automatically, and without formal notice, becomes due and can be claimed. In this event, eCarsTrade reserves the right to suspend the execution of all current orders without prior formal notice and without this suspension giving rise to a claim for damages.
7.6 In case of late payment or default of the duty to pay, eCarsTrade has the right to repudiate the contract with the User with immediate effect and without judicial authorization. If the contract is annulled under this provision, fifteen (15) percent of the total value of the car, exclusive of VAT and with a minimum amount of five hundred (500) euros, is due as damages by the User. If the actual damage suffered is higher than this amount, eCarsTrade can claim more damages.
8.1 eCarsTrade takes the obligation to transport the car sold from to place where the car originally was to the collection point mentioned on the electronic bill. eCarsTrade freely chooses how this transport is organised. The transportation costs are borne by eCarsTrade.
8.2 Transport is only initiated after the electronic bill has been paid in full. The indicated transportation term is not binding. eCarsTrade cannot be held liable for late delivery. Parties agree on a new delivery date in case of late delivery.
8.3 If the car or cars are to be delivered to a User outside the EU, eCarsTrade reserves the right to claim a pledge as high as the VAT-values of the cars. This pledge is refunded upon receipt of the EX-1 or EX-A documents, which require approval by the customs.
8.4 If eCarsTrade fails to deliver the car(s) to the collection point within forty (40) days after payment, the User has the right to annul the sale contract with eCarsTrade. The User has to notify eCarsTrade by email or by registered letter. eCarsTrade will pay the sale price as a refund and sole compensation in this event.
8.5 Transfer of risk happens at the start of delivery at the latest.
8.6 The User who wishes that the cars are transported to another place than the collection point, bears the transportation costs.
9. Reservation of title
eCarsTrade holds the property title of the cars, even after delivery, until payment in full by the User.
10. Collection of goods
10.1 The User is to collect the car(s) he bought on the time and at the place agreed upon. This place is mentioned in the bill.
10.2 eCarsTrade will provide a mandate for the User in order to collect the car of cars. Only the person who possesses a mandate can collect the car of cars. eCarsTrade has the right to verify the identity of the User or the person who acts on his behalf.
10.3 If the User is unable to take the physical custody of the car of cars upon delivery date, eCarsTrade will charge a supplementary storage expenses of fifteen (15) euros per day. The car of cars will be delivered upon the payment of storage expenses.
11.1 The User can propose to cancel the sale contract within two (2) working days of conclusion. eCarsTrade has the right to refuse this proposal.
11.2 If eCarsTrade accepts the proposal for cancellation of the sale, the User has to indemnify eCarsTrade for a sum equal to fifteen (15) percent of the total value of the car(s), exclusive of VAT, and with a minimum cap of five hundred (500) euros.
11.3 The proposal for cancellation is submitted to eCarsTrade by email or registered letter within two (2) working days after the conclusion of the sale contract. Proposals submitted afterwards are always refused.
12.1 eCarsTrade is not liable for indirect or unusual damage, regardless its origin or way of manifestation. eCarsTrade can consequentially not be held liable for loss of income, loss of profit, loss of goodwill, etc.
12.2 eCarsTrade cannot be held liable for damage resulting from or relating to fraud by a third party.
12.3 Notwithstanding the cause of damage, the liability of eCarsTrade is limited to a maximum amount of five thousand (5,000) euros.
12.4 The User accepts the good(s) as he finds it/them, excluding a claim against eCarsTrade for obvious and visible flaws.
12.5 eCarsTrade can only be held liable for latent defects within two (2) working days after the collection if (i) the car has not covered a distance of more than fifty (50) kilometres since collection, and (ii) the User has not modified the car since collection for an amount exceeding two hundred (200) euros.
The liability for latent defects is limited to the defects that are not listed is the list of uncovered latent defects.
On punishment of forsaking all rights, latent defects need to be notified within two (2) working days after collection of the car(s) to eCarsTrade by the User, together with a detailed description of the defects. The liability of eCarsTrade is limited to bringing the car in accordance with the specifications of the contract.
12.6 eCarsTrade cannot be held liable for late performance of default of its obligations in cases beyond its control or force majeure. eCarsTrade notifies the User in such event in writing and without delay, possibly through a notification on the website. All obligations of eCarsTrade are delayed during this period, without a possible claim for damages by the User.
12.7 eCarsTrade can in no instance be held liable for non-compliance with statutes, acts or regulations in force in the country of acceptance. The User expressively safeguards eCarsTrade against any such claim.
12.8 eCarsTrade does not guarantee a safe use of its website, free of viruses, malware, and/or other harming elements or programmes, nor does it guarantee that hyperlinks on its website to other sites are free of viruses or such elements. eCarsTrade does not take responsibility in this regard. Hyperlinks to different websites do not entail a guarantee to the contents of this website.
12.9 eCarsTrade is not bound by typographical or material errors on its website and has the right to correct such errors.
12.10 The User accepts the limits to the liability of eCarsTrade as set out in this paragraph without reservations.
13. Intellectual Property
Texts, photo’s, drawings, pictures, data, names, business names, domain names, trademarks, logos and other components of eCarsTrade are protected under intellectual property rights law and are owned by eCarsTrade or third parties.
13.2 It is prohibited to save, reproduce, modify, distribute, make public, send, or sell the data offered, or to transfer rights regarding this data to third parties or transfer them in any other way, without prior, express and written consent by eCarsTrade, on pain of damages.
14.1 The information entered during the registration process or use of eCarsTrade is essential to correctly process and send orders. Information that is, partial or in whole, incomplete can result in an invalid order. The User is exclusively liable for this.
14.2 Personal data and information asked by eCarsTrade are treated in accordance to the ‘Law of 8 December 1992 regarding the protection of privacy’ (Dutch: ‘Wet van 8 december 1992 tot bescherming van de persoonlijke levenssfeer’). The User has a right to access, control, correct and delete these data. Personal data is not made public or transferred to third parties.
15. Termination of contract
15.1. eCarsTrade has the right to put an end to all current orders without delay, prior notification or payment of damages, by registered letter to the User, if:
• the User fails to perform any obligation and still is in default after fifteen (15) calendar days after dispatch of a registered letter of formal notice. eCarsTrade can still claim payment of the full sum, increased with interests and lump-sum damages.
• the User files a petition for bankruptcy, is summoned in default, goes in liquidation, commences proceedings under the Belgian WCO-law (Dutch: ‘Wet Continuïteit Ondernemingen’), or if the User is in a similar factual or legal situation.
16.1. Agents, employees or others appointed to represent the User are presumed to act in the name and on behalf of the User.
16.2 The (partial) annulment or (partial) nullity of one or more provisions of these General Terms and Conditions does not entail the nullity of the whole document. Parties are bound to renegotiate a void(able) provision in good faith to reach agreement on a new clause that is in line with the spirit of these General Terms and Conditions.
16.3 Only the Dutch version of these General Terms and Conditions is authentic and legally binding. It is to be preferred in case of conflicts between versions of this document in different languages. Versions in any other language are merely indicative. eCarsTrade cannot be held liable for errors in translation between versions.
These General Terms and Conditions are governed by and construed in accordance with Belgian law. Belgian Law also governs any conflict originating in the use of eCarsTrade and its content and/or in the sale, delivery and/or use of a car. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The justice of the peace court (Dutch: ‘Vredegerecht’) of Leuven and the courts of the district of Leuven have exclusive jurisdiction.