CarCollect general terms and conditions of sale and delivery
Article 1 - Definitions In these General Terms and Conditions, the following terms shall have the following meanings:
Advertisement: an advertisement placed on CarCollect by a Seller for the sale of a Vehicle; Bid: a bid placed by the Buyer for a Vehicle offered by a Seller at CarCollect; CarCollect: the online vehicle platform, through which the valuation and trading of vehicles as well as their administrative processing takes place; CC: Car Collect B.V., with registered office in (4751 XN) Oud Gastel aan de Rietschotten 1 (Trade register file number: 22039448); Customer: a connection of the Seller offering their Vehicle for sale via CarCollect with the Seller; Purchase price: The total price a Vehicle is sold by the Seller to the Buyer, and which is composed of the base price (the Bid or the asking price set by Seller) plus additional costs; Buyer: the party making an Offer on a Vehicle offered through CarCollect or buying Vehicles through CarCollect Party/Parties: a Seller and/or a Buyer Transaction: the (purchase) agreement concluded between the Buyer and the Seller through CarCollect, either because the Seller accepts a Bid from the Buyer or because the Buyer offers the asking price for a Vehicle set by the Seller; Seller: the party that offers and/or sells Vehicles through CarCollect; Vehicle(s): a motorised or non-motorised vehicle, including, but not limited to, motorcycles, passenger cars, commercial vehicles, trucks, tricycles, semi-trailers, mopeds, bicycles with or without pedal assistance, tractors, trailers, etc; Conditions: these CarCollect General Terms and Conditions of Sale and delivery; Website: the website www.carcollect.com, which is owned by CC.
Article 2 - General
CC's service enables a Seller to sell Vehicles through CarCollect. CC is not a supplier of Vehicles on CarCollect and is therefore not a party to the Transaction concluded between the Seller and the Buyer. CC only mediates between Buyers and Sellers of Vehicles. CC is not liable for damages arising from Transactions concluded or goods traded through CarCollect.
CC has the right to change these Terms and Conditions at any time.
Only these Terms and Conditions apply to all offers and Transactions of the Seller, regardless of any (previous) reference by the Buyer to their own or other terms and conditions. Sellers hereby expressly reject any (general) terms and conditions declared applicable by Buyer. As an exception to the first sentence of this article, the Seller may declare other (general) terms and conditions, not being these Terms and Conditions, applicable to the Transactions. In that case, the (general) conditions of the Seller shall prevail.
If one or more provisions of the Conditions are invalid or are annulled, the other provisions will remain in full force and effect.
Article 3 - Conclusion of the Transaction
The Seller can place an Advertisement on CarCollect.
A Bid can be placed on an Advertisement through CarCollect. A Bid on a Vehicle offered in an Advertisement is not binding for the Seller. The Seller is not obliged to accept a Bid unless the Seller offers the Vehicle at an actual asking price and the Buyer has offered this asking price.
The Transaction between the Seller and the Buyer occurs when (a) the Seller accepts an Offer by awarding the Vehicle to the Buyer through CarCollect or (b) if the Buyer has bid the asking price stated by the Seller. If the Seller does not (yet) have the Vehicle in their possession, the Transaction will be formed under the condition precedent that the Vehicle is delivered by the Customer to the Seller.
The Seller will make all reasonable effort to persuade the Customer to deliver the Vehicle to the Seller. Except in cases of force majeure, the Seller shall be liable to pay the Buyer a penalty of 15% of the agreed purchase price if the Customer fails to deliver the Vehicle to the Seller.
The Buyer will owe the Seller an amount of EUR 75 excluding VAT in administration costs for each Transaction.
A Bid made by the Buyer cannot be withdrawn, unless (1) it concerns an obvious clerical error and the Buyer reports this to CC by e-mail (to firstname.lastname@example.org) within one hour after the Bid is made and it is clear to CC - at their sole discretion - that it does concern an obvious clerical error or (2) all parties concerned agree to the withdrawal of the Bid.
If an Advertisement is removed because the placement period has expired or for any other reason, the corresponding Bids will also be removed.
The Seller may assume that an offer made by the Buyer has been made by a person/employee authorised by the Buyer. The Buyer guarantees that all users of an account or sub-account that CC has granted to the Buyer are authorised to act on behalf of the Buyer. Any bids made by an unauthorised person are at the expense and risk of the Buyer.
Article 4 - Purchase prices
All Bids and asking prices are basic prices, excluding any additional costs. When a Bid is made, an estimate will show which additional costs (may) apply, such as administration costs, sales tax (and other government levies), costs of transport, insurance, assembly work, service and inspection work and other road preparation costs. This is how the (offered) Purchase Price is concluded.
A price change does not constitute grounds for terminating the Transaction.
The Advertisement assumes delivery of the purchased Vehicle to the Seller's business location.
Article 5 - Payment
When the Vehicle which is subject to a Transaction has been returned by the Customer to the Seller and the condition precedent in article 3.3 has ceased to apply, the Seller will record the Vehicle's status in CarCollect as "returned". The Seller then receives an invoice request from CC, after which the Seller uploads the invoice for the Purchase Price into CarCollect within five working days. CC forwards the relevant invoice to the Buyer, who pays the invoice to the Seller within ten working days.
The Buyer is not entitled to set off the purchase price in any way or to suspend payment.
If the Buyer has not paid the agreed Purchase Price after receipt of the invoice referred to in paragraph 1 or has not paid it in full or on time, the Buyer will immediately be in default. The term referred to in paragraph 1 of this article is a deadline. The Seller is not obliged to declare the Buyer in default and the Buyer owes the Seller the statutory commercial interest (ex Section 6:119a of the Dutch Civil Code) on the Purchase Price as of the due date of the invoice.
If one of the Parties fails to comply with any Transaction or other obligation, the other Party will inform CC accordingly. CC will be free to take appropriate measures should it wish to do so.
If the Seller is forced to engage a third party in order to be able to collect their claim against the Buyer, the judicial and extrajudicial costs will be at the expense of the Buyer. The extrajudicial costs are fixed at 15% of the unpaid amount, with a minimum of EUR 250 (excluding VAT). If the actual costs incurred in relation to a procedure exceed any procedural costs, the Buyer must pay the actual costs. In addition, the Seller reserves the right to claim damages.
Article 6 – Cancellation of Transaction
If, after the Seller has accepted the Buyer's Bid, one of the Parties wishes to cancel the Transaction concluded, the other Party shall give written notice to that effect. Cancellation is also understood to mean the (premature) withdrawal of a Bid made by the Buyer for a Vehicle. The Party cancelling the Bid will then be liable to pay a cancellation fee (penalty) equal to 15% of the Buyer's Bid (being the Purchase Price less the additional costs) with a minimum of EUR 250 - plus - if the Buyer is the Party that has cancelled the Transaction - an amount of EUR 75 (excluding VAT) administration costs.
The cancellation costs as referred to in paragraph 1 of this article shall be paid by the Party that cancels the Transaction to the other Party within ten (10) working days after the cancellation of the Transaction, otherwise an additional penalty of EUR 75 shall be payable for each day on which payment is not made. The foregoing is independent of the provisions with regard to the collection costs pursuant to Article 5 (5).
Article 7 – Delivery of the Vehicle
After the Buyer has paid the Purchase Price to the Seller, the Seller will take care of the document processing (including the indemnification) within five working days.
The Vehicle will then - unless otherwise agreed in writing between Buyer and Seller - be delivered to Seller's business location.
The (expected) delivery date of the Vehicle will be specified by the Seller in the Advert and is part of the Transaction. If this date changes, the Seller will also change the date stated in the Advert as soon as possible but no later than fourteen days after the date originally expected to be delivered by the Seller.
If the Seller fails to deliver the Vehicle to the Buyer within the time period set by the Buyer, the Buyer will be entitled to cancel the Transaction.
Early delivery by the Seller is always permitted.
The Buyer must collect the Vehicle within eight days of receiving notice of collection. This is a strict deadline. The risk associated with the Vehicle is transferred to the Buyer at the time the Vehicle is collected by or on behalf of the Buyer or after the aforementioned period has expired.
If the period set forth in paragraph 7 has expired without the Vehicle having been collected, the Vehicle will be at the Buyer's risk and expense from that time. The Seller may also charge a storage charge of EUR 20 per day or part of a day that the Vehicle is not collected. In addition, the Buyer may also be charged for other costs incurred by the Seller, such as transportation costs.
If - contrary to paragraph 1 of this Article - the Parties agree that a Vehicle will be transported by the Seller, shipment will take place at the expense and risk of the Buyer.
Article 8 – Retention of title
The Vehicle delivered to the Buyer will remain the property of the Seller until the Buyer has paid the full Purchase Price due.
The retention of title also applies to claims which the Seller has (or will acquire) against the Buyer because the Buyer has not fulfilled their contractual obligations towards the Seller, such as payment of penalties, interest and costs.
Until ownership of the delivered Vehicles is transferred to the Buyer, the Buyer may not pledge, transfer ownership or grant any other right to the Vehicle to any third party. The Buyer shall promptly notify the Seller of any event that damages or may affect the Seller's interest as owner of such Vehicles.
The Buyer indemnifies the Seller against any claims that third parties may have against the Seller because of the retention of title on a Vehicle.
In the event that the Buyer fails to fulfil their obligations, or if the Seller has good reason to believe the Buyer will do so, the Seller may take back the Vehicle delivered under retention of title. Thereafter, the Buyer will be credited for the market value of the Vehicle, which will be determined by tendering the Vehicle again for sale through CarCollect. The credit will never exceed the original purchase price of the Vehicle. The cost of the retrieval will be deducted from the amount to be credited. If there is a claim for failure to fulfil a contractual obligation, this will also be deducted from the amount to be credited.
Article 9 – Termination of the transaction
If the Buyer fails to comply with their obligations under the Transaction, the Seller may give the Buyer written notice of default within eight days of receipt of such notice of default. If the Buyer fails to comply, the Seller - after expiry of the period resulting from this notice of default - shall be entitled to terminate the Transaction in writing.
If the Transaction is terminated, the Seller may - without notice of default and without the intervention of a court being required - demand that the Buyer immediately pay a penalty. The amount thereof shall be 15% of the agreed Purchase Price, with a minimum amount of EUR 250, without prejudice to the Seller's right to full compensation.
In the following cases, the Seller has the right to terminate the Transaction with the Buyer with immediate effect, without further notice of default: • if a bankruptcy petition is filed against the Buyer or if the Buyer is declared bankrupt, • if the Buyer requests or is granted suspension of payment, • if the Buyer ceases to do business and/or if the assets of the buyer are seized, • otherwise loses the right to dispose of all or part of their assets.
Article 10 – Force majeure
If the Seller is unable to carry out the transaction for reasons of force majeure, they may terminate the transaction in writing (if not already executed) if the situation of force majeure persists for at least one (1) month.
Article 11 – Provision of information, right of advertising and inspection
If the Seller is aware or should be aware of (technical) damages, the Seller shall report these defects. It should be noted that the vehicles offered at CarCollect are second-hand vehicles. The Buyer must therefore take into account that Vehicles have usual signs of wear and tear.
CC does not check the Vehicles and/or data placed in Advertisements and offers no guarantee in this respect. The Seller remains responsible at all times for the information they provide in the Advertisement and/or the valuation report.
If the Buyer believes that the Vehicle purchased does not comply with the terms agreed upon in the Transaction, the Buyer shall submit a complaint to the Seller within 48 hours after the basis for making the complaint has been ascertained, or could reasonably have been ascertained. In any event, this period will commence at the time the purchased Vehicle is delivered to the Buyer, including the time at which the transporter collects the Vehicle from the Seller on behalf of the Buyer. If the Buyer does not lodge a complaint on time, all claims shall expire. These claims shall also expire if the Vehicle is polished, transported or made ready to drive by or on behalf of the Buyer while the complaint has not yet been resolved.
If the Vehicle is collected from the Seller by or on behalf of the Buyer by driving it, the right to complain will cease as soon as the Vehicle leaves the Seller's premises.
In the event of a prompt complaint, the Buyer shall give the Seller the opportunity to verify the complaint. If the complaint is found to be correct by the Seller, the Parties shall consult with each other about an amicable solution for the shortcomings found by the Buyer. If this solution is not found, the Parties may - jointly or otherwise - commission an independent third party to carry out an inspection and issue a binding opinion.
If the inspection carried out in accordance with paragraph 6 shows that the Buyer has objected on valid grounds, they will not be obliged to purchase the Vehicle and the costs of the inspection will be borne by the Seller, unless the independent inspector engaged by CC decides otherwise. The parties are authorised to effect a modification of the Transaction by amending the conditions under which it may still be effected.
If the inspection reveals that the Buyer has raised wrongful objections, the Buyer is obliged to take delivery of the Vehicle within two days of the issue of the inspection report. The costs of the inspection will be borne by the Buyer, unless the independent inspector engaged by CC decides otherwise.
A complaint does not grant the Buyer the right to suspend their payment obligations or set-off.
Timely complaints will not be considered if it appears that changes have been made to the Vehicle after delivery of the Vehicle to (the transporter of) the Buyer, except where Seller has given their express prior written consent.
If the Buyer complains to the Seller, knowing or ought to have known that changes have been made to the Vehicle after delivery, this will be qualified as fraud. In the event of fraud, the Buyer will pay a penalty of EUR 5,000 to the Seller.
Article 12 – Liability
The Buyer shall only be entitled to compensation for such damages if these are the foreseeable and direct consequence of an attributable failure by the Seller to perform their obligations under the Transaction.
Any consequential or indirect loss or damage suffered by the Buyer will not be compensated; this includes but is not limited to, trading loss, loss due to delay (other than statutory interest) and loss due to decrease in value.
The damage to be compensated by the Seller shall in all cases be limited to the amount paid out under the Seller's insurance policy, but in any case, to a maximum amount of EUR 3,000.
Any other claim for damages, on any basis whatsoever, is excluded.
The Buyer indemnifies the Seller against all claims of third parties, unless the Seller is liable under this Article.
Article 13 - Applicable law and competent court
All legal relationships between the Seller and the Buyer shall be governed by Dutch law.
The District Court of Zeeland-West Brabant in Middelburg shall have exclusive jurisdiction to settle any disputes relating to the Transaction.