| 1. Introduction |
The following conditions apply to the use of the website Carmanager.be, a service of CARMANAGER BVBA, Molenbeekdal 1, B-1731 Zellik (Belgium).
These conditions apply to all the users who register on any of Carmanager websites. To be able to use the online services of Carmanager, all the users, before registering, have to agree to these Terms and Conditions as well as the Privacy Policy of the site.
Carmanager can decide to change any of the provisions within this document at any time, all changes will be effective within 3 days of their posting.
If due to external technical factors, any of the provisions of this agreement can not be enforced, Carmanager is entitled to defend its rights by any legal means.
Every person who is registered to buy will have read and approved the general conditions and be considered as a buyer.
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| 2. The bidding procedure |
Carmanager provides a platform for listing, sale and auction of new and used cars. Carmanager acts as an intermediary between seller and buyer, so to every bid there are 3 parties, Buyer, Carmanager and seller.Carmanager can also act as a selling party, after the bidding process goes through successfully.
Each user of the website will need to register. By registering the user obtains a username and password. This information may in no case be transferred to third parties unless otherwise agreed. For succesfull registration Carmanager also needs the proof of existence of the Company as a VAT paying entity within the EU or as a legal entity outside the EU. The buyer needs to provide within the shortest period the required documents. These, together with all the registration details, will subdue to the Privacy Conditions of Carmanager BVBA. |
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| 3. Privacy |
| The details of the registered will only be used for marketing purposes by Carmanager BVBA only. Carmanager will not give out by any means these informations to third parties. The buyer should be aware that both Carmanager BVBA and him are under the jurisdiction of The Belgian Law of 8 dec 1992 governing the protection of private information. |
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| 4. The seller |
The seller of the car has the final desicion to assign a vehicle to the highest bid or not.
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| 5. Acceptance of the highest bid |
In the case in which a buyer has placed a high bid on a vehicle, and at the time the bidding for that vehicle ends, his bid is recorded as highest bid on the Carmanager auction platform, Carmanager immediately announces the seller about the potential offer.
At the moment when the Seller agrees, a Purchase Order is issued towards the Buyer, Purchase Order that needs to be signed and stamped and sent back to Carmanager BVBA in electronic format or fax within max 24 hours. |
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| 6. Sale Agreement |
The signing of the Purchase Order by the buyer makes the sale final and irrevocable.
The buyer has a period of 5 days to pay.
If the buyer would not meet the seller may claim a lump sum of 10% on the selling price and the seller has the right to return the vehicle to offer or can try the execution of the agreement with all legal requirements and restrictions. |
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| 7. Payment |
| The payment must be done through bank transfer. It is expressly agreed that the payment should be from the bank account of the company or independent to the account of the seller. All bank charges are borne by the buyer. The bank account must belong to the company registered on the website. Any unjustified delay of the payment gives the right to Carmanager to terminate unilateraly the sales agreement. |
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| 8. Delivery |
The delivery of the vehicle can take place only when the payment to the account of the seller is registered. The buyer will be notified in due time. For EU companies the following documents are required:
1. company statutes + entry in the Registry of Commerce
2. ID copy of the owner
3. grant intra-Community VAT number
4. signed order from the vendor
5. transport document by country of destination /CMR or carrier with an empwerment in case the carrier if belongs to a third party.
The seller may refuse delivery if it does not have all these documents even if the payment was recorded. |
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| Seller liability: hidden defects |
| The seller shall indemnify the buyer for latent defects that existed at the close of the sale. Nor the seller and neither Carmanager can be held liable for defects arising from wear or normal use. |
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| Liability Carmanager: data vehicles |
| Carmanager is liable for the accuracy of data and the visible condition of the vehicles. The buyer will only be able to demand compensation if the visual data was not accurate or it was not reflecting the reality. |
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| Guarantee |
| The statutory warranty provisions shall not apply between professional sellers and buyers. There is a fault coverage that has to be reported within 48 hours from pickup. Any delay should occur, the warranty is lost. The inspection has to be done by a mark service. No repairs must be done until the client has the agreement of Carmanager. The vehicles are sold in the state in which they are and Carmanager tries to reflect the state of the vehicle as accurate as possible. |
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| Disputes |
Any dispute or dispute will initially be regulated by a board of 4 people
1. Yourself
2. The seller
3. Carmanager
4. An independent expert appointed by car lot |
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| Courts |
| Only the courts of Brussels have the right to settle any legal dispute. |