CARCOLLECT CONDITIONS FOR USE
Article 1: Definitions
Advertisement: an advertisement placed on the Website by a Participant for the sale of a vehicle (car)
CarCollect: the valuation and tendering module; via this (internet) platform cars are valued and traded
CC: Car Collect Benelux B.V., having its registered office in (4462 GT) Goes at Pearyweg 19 (trade register file number: 22039448)
Participant: the company that enters into an agreement with CC, also a User
User: every user (a buyer and/or seller) of CC’s Website and services
Customer(s): the Participant’s customer who offers his car to the Participant
Agreement: the agreement between CC and the Participant, to which these conditions for use apply
Party/Parties: the Participant and/or CC
Seller: a Participant that also offers and sells cars via de Website
Conditions: these conditions for use
Article 2: Object and scope of the Conditions
- These Conditions apply to all (legal) acts between the Participant and CC, expressly including the use, in whatever form, of the Website, and will remain effective after the termination of the services, whether or not the Participant has explicitly notified CC thereof. The applicability of any other conditions (of use) or agreement is explicitly rejected, unless expressly agreed in writing between Parties. A derogation from these Conditions is only valid if it has been agreed in writing between Parties.
- CC is at all times entitled to amend these Conditions or parts thereof. CC will endeavour to announce any amendment within a reasonable period of time before it takes effect.
- The object of the Website is to offer the CarCollect valuation and tendering module for the valuation and trading of cars by car companies, dealer holdings or leasing companies, to increase CarCollect’s profile and name recognition and to provide information about CarCollect in general.
Article 3: CC’s position
CC’s services enable the Participant to trade cars. CC itself does not offer cars on the Website and will not accept any liability for the goods which are traded via the Website. CC is not a party to the agreement that is effected between the Participants and only acts as an intermediary between buyers and sellers of cars.
Article 4: Account and registration
- CC’s services are only available to companies and not to natural persons.
- Before the Website can be used, an account must be applied for and specific details must be registered (offer). During the registration process CC will in any case ask for the following information: the name of the Participant’s company, address details, name of the contact, email address, telephone number and trade register file number. The person performing the registration must be legally authorised to do so. The Participant guarantees that the information provided is complete and accurate. The Participant is obliged to notify CC forthwith in writing of any changes in the data provided. The application for an account and registration implies that permission is granted to CC to store and use the details in connection with the management of the account.
- After registration and after an account has been granted to the Participant (acceptance), the Participant may under his own account apply for subaccounts for employees of the Participant’s company (a User). The Participant guarantees that all Users of a subaccount will comply with these Conditions and that these Users are authorised to act on behalf of the Participant within the context of the services provided via the Website. Transactions concluded by Users of a subaccount are considered as transactions concluded by the Participant itself.
- CC is authorised to determine, at its full discretion, whether or not an account will be provided. An application for an account will be accepted by means of a confirmation sent by CC, comprising access details (user name and password).
- Users are responsible for keeping the password of the account secret from others. Users will not provide other persons access to the Website by means of their account. Every User is liable for the consequences of the unauthorised use of his account by others, with or without permission or knowledge thereof. In the event of any unauthorised use the User shall notify CC thereof forthwith.
- The User may terminate his account at any time.
Article 5: Use of the Website
- The User shall comply with (i) the Conditions, (ii) applicable laws and regulations and (iii) any instructions provided by CC.
- The User shall not collect personal details from Users (including email addresses and telephone numbers) and/or approach Users through any route outside the Website for the purpose of buying products offered via the Website and/or selling or offering his own products and/or services.
- Even if that does not follow directly or indirectly from Article 5.1 of the Conditions, Users shall also refrain from acts which:
- infringe on the rights of CC or third parties, including copyrights, trademark rights or any other intellectual property rights or rights relating to the protection of privacy;
- relate to the dissemination of viruses, Trojan horses, worms, bots or other programmes that may damage, delete or appropriate automated work or data or render such work or data unusable or inaccessible or are intended to circumvent the Website’s technical protective measures or CC’s computer systems;
- result in the transmission of undesirable messages to persons whose email addresses have been obtained through the Website;
- lead to changes, damage, shut-down, overload, blockage or obstruction of the Website;
- relate to threatening, insulting, discriminating or obstructing others;
- lead to material or messages being delivered which are incorrect, threatening, insulting, discriminating, intimidating, unlawful, defamatory, vulgar, obscene, libellous, misleading or fraudulent or may be interpreted as such, or which contain explicit or graphic descriptions of sexual acts, or which infringe on the privacy of others.
- CC only regulates the communication between Users on the Website, not the contents. It does supervise such communication by randomly viewing and evaluating the Advertisements on the Website. However, in view of the nature and size of the content on the Website CC cannot guarantee the quality, safety, lawfulness, integrity or accuracy of these Advertisements. Therefore CC is not liable for the Users’ acts or omissions, including with respect to the files, data and/or materials which they make available on the Website. The person who has provided the files, data and/or materials, is himself responsible for the content thereof. The accuracy of information which is of essential importance to a User shall always be verified by the User.
- CC is not liable if the Website is not accessible or available to the User due to a malfunction or any other cause.
Article 6: Transactions and bids
- Through the Website a Seller can place an Advertisement. The Advertisement has a placement period of four weeks. Participants can make a bid with respect to an Advertisement through the Website.
- Via the Website transactions can be effected between Participants. With every transaction an amount of € 50.00 exclusive of VAT for administrative charges / buyers fee shall be payable by the buying Participant to the Seller.
- A bid for a car offered in an Advertisement is not binding for the Seller. A Seller is not obliged to accept this (reasonable/highest) bid. If a bid is accepted by a Seller, the transaction will be effected under the suspensive condition that the car is handed over to the Seller by the Customer.
- A bid made by the Participant cannot be withdrawn, unless (1) it concerns a manifest clerical error and the Participant reports this to CC within one hour after the bid is made and it is clear to CC that it concerns a manifest clerical error or (2) all parties concerned agree to the withdrawal of the bid.
- It is not permitted to place bids with an Advertisement for the sole purpose of disturbing the bidding process.
- A transaction between the Seller and a buyer is effected at the moment when the Seller accepts a bid.
- CC is not responsible for the content and/or fulfilment of transactions between Participants. These transactions are subject to the conditions that the Participants concerned have agreed. The Participant can never make a claim against CC in the event of any non-fulfilment by another Participant.
- If an Advertisement is removed because the placement period of four weeks has expired or for any other reason, the corresponding bids will also be removed.
Article 7: Intellectual property rights
- All rights to (the contributions on) the Website are owned by CC, licensers or Participants and are protected by applicable intellectual property rights, including but not limited to copyrights, database rights, neighbouring rights, trademark rights and patents. It is not permitted to remove, hide or change notifications or statements relating to intellectual property rights or render these illegible.
- For the duration of the Agreement CC grants the Participant a limited, personal, revocable, non-exclusive, non-sublicensable, non-transferable right to view the files which are made available on the Website in the manner and in the format in which they are made available. It is not permitted to download, copy, change or disclose files or to use files for direct or indirect commercial purposes or for any purpose other than trading cars via the Website, unless CC or the entitled party concerned has given permission to do so.
- In principle the Participant reserves the copyrights and other intellectual property rights which it owns with respect to the files which it makes available to other Participants on the Website. By making files, data and/or materials available on the Website the Participant grants a free, unencumbered, transferable, sublicensable, non-exclusive licence, which is not limited by place or time, to CC to:
- use, multiply, disseminate and publish the files, data and/or materials in connection with the object of the Website; and
- use and multiply (and allow third parties to use and multiply) the files, data and/or materials in any media for marketing and/or promotional purposes in connection with CC and/or CarCollect.
- By accepting these Conditions the Participant states that it has full title to the files, data and/or materials as referred to in Article 7, paragraph 3, and that it is authorised to grant the licence.
- The licence as referred to in Article 7.3 will end at the moment when the Participant or CC removes the files, data and/or materials from the Website.
- CC will at all times remain authorised to remove the files, data and/or materials made available by the Participant from CC’s servers and the Website, intentionally or accidentally, for whatever reason and also without reason, without CC becoming liable to the Participant or third parties as a result of such a removal.
- CC is not liable for any acts of third parties which are inconsistent with the Conditions or any statutory provision or for any other unlawful act of third parties with respect to the files, data and/or materials made available by the Participant. The Participant will indemnify CC, all its affiliated institutions, companies and persons against all claims from third parties based on the assertion that the files, data and/or materials infringe on any applicable (intellectual property) right of third parties or are otherwise unlawful towards third parties, and against all claims arising from the Participant’s acts or omissions which are in conflict with the Conditions.
Article 8: Notification of unlawful content
- A User who believes that another User commits an infringement of his rights on the Website is requested to notify CC thereof by email, accompanied by as much concrete information as possible, including: (i) the URL where the infringing material can be found on the Website; (ii) a motivated notification of the suspicion that and why an infringement is committed; (iii) contact details of the affected Participant; (iv) a statement together with proof that the information in the notification is accurate and complete and – if it concerns an infringement of intellectual property rights – that the complaining party is the owner of the intellectual property rights concerned and, where applicable, that the complaining party is authorised to act on behalf of the owner; (vi) if it concerns an infringement of intellectual property rights – a description of the work which has (allegedly) been infringed with a specification of the infringing act.
- CC reserves the right to forward the notification to the persons or legal entities responsible for the content to which the notification relates.
- If it appears from the notification that the content is unmistakably unlawful, it will be removed or made inaccessible by CC.
- CC reserves the right not to comply with a request to remove content or make content inaccessible if it has well-founded reasons to doubt the accuracy of the notification or the lawfulness of the proof furnished or if the content to which the notification relates appears not to be unmistakably unlawful. In this context CC may, for example, require a decision from a competent court in the Netherlands, from which it follows that the content concerned is unmistakably unlawful. By sending a notification the complaining party indemnifies CC and all its affiliated companies well as its management, directors, employees, representatives and legal successors against any claim from third parties in connection with the removal or making inaccessible of information. The indemnity also relates to any loss, damage or costs which have been or may be incurred by CC or which CC is obliged to incur in connection with such a claim, including – but not limited to – the compensation of the costs of legal assistance.
- CC can in no way be a party to a dispute between the party that has sent a notification and the Participant to which the notification relates.
Article 9: Costs of the provision of services by Seller
- CC makes separate arrangements with a Seller with respect to the price to be charged for its services. The prices stated are exclusive of VAT, unless otherwise specified.
- The Participant will be notified of any price adjustments during the term of the Agreement four weeks before they take effect. In that case the Participant will be entitled to terminate the Agreement as from the date when the price adjustment takes effect. If the Participant continues to make use of CC’s services after the price adjustment has taken effect, the Participant will be deemed to have agreed to the price adjustment.
Article 10: Duration and end of the Agreement
- The Agreement between CC and the Participant will take effect from the moment when the Participant has registered through the Website and/or has accepted the Conditions.
- Unless Parties agree otherwise in writing, the Agreement between the Participant and CC can be terminated by each of the Parties in writing, provided that transactions as referred to in Article 6 which have already been agreed, cannot be cancelled and must be completed. If the Participant fails to complete the transaction in time, a penalty of 15% of the agreed purchase price will be immediately due and payable to CC by this Participant, without prejudice to the right to compensation in the event of a higher damage.
- Each Party can terminate the Agreement in writing with immediate effect if a petition for the liquidation of the other Party has been filed or if the other Party has been granted a deferment of payment, has discontinued its business operations or has been wound up.
Article 11: Discontinuation and availability of services
- In addition to other means and legal remedies at CC’s disposal, CC will, at all times, without statement of the reasons and without prior explanation, be entitled, with respect to one or more or all Users/Participants, to fully or partly restrict or suspend the Website or put it out of operation (temporarily), discontinue and/or remove accounts temporarily or permanently, remove files, data and/or materials, issue a warning, terminate the provision of services and refuse to provide services, especially, but not limited thereto, if: (i) the Conditions are infringed; (ii) CC considers that Users’ acts may cause loss, damage or liability to the User himself or to other Users, CC or third parties. CC will in no case be liable as a result of this.
- A User can place a review relating to his experiences with a Buyer or Seller on the page intended for that purpose on the Website. These reviews can be viewed by all Users. CC cannot be held liable for the content of the reviews. It reserves the right not to place and/or remove reactions and to report punishable acts.
Article 12: Valuation report; no guarantees
- The Seller is obliged to provide correct information about the car offered and, in this context, to complete the valuation report fully and truthfully, by means of the model form made available on the Website by CC. The Seller itself shall conduct sufficient research and gain sufficient information before placing an Advertisement on the Website. The valuation report shall be signed by the Seller as well as the Customer. CC does not verify the data included in Advertisements and provides no guarantee with respect thereto. The Seller itself will at all times remain responsible for the information that it provides in the Advertisement and/or the valuation report.
- CC does not provide a guarantee that the cars offered will fulfil the User’s expectations.
Article 13: Liability
- CC accepts no liability whatsoever for loss or damage as a result of an (attributable) failure to fulfil the Agreement, including but not limited to loss or damage arising from or connected with the use of the Website or the impossibility to use it and/or any related service of CC or any unlawful act or otherwise, insofar as this is allowed on the basis of mandatory law, except in the event of intentional acts or omissions and/or wilful recklessness on the part of CC. CC expressly points out that it (also) does not accept any liability for loss or damage as a result of incorrect and/or incomplete information on the Website or use of the cars bought via de Website.
- Insofar as any liability lies with CC, this liability to the Participant on any basis will at all times be limited to € 3,000.00 (in words: three thousand euros). CC is in no case liable for any consequential loss or damage, including pure financial loss, loss of turnover and profit, loss of data and immaterial damage, connected with or arising from the services that CC provides and/or the use of the Website.
- A precondition for any right to compensation is that the Participant notifies CC in writing of the loss or damage as soon as possible, but no later than one month from the inception of such loss or damage. Any loss or damage of which CC has been notified outside this time-limit will not be eligible for compensation unless the Participant proves that it was unable to report the loss or damage sooner.
- Every claim for compensation against CC will expire by the mere lapse of twelve (12) months from the inception of the claim.
Article 14: Indemnity and penalty
- Every Participant will indemnify CC against claims from third parties with respect to loss or damage incurred as a result of:
- entering into an agreement on the basis of an Advertisement;
- the use of cars bought via the Website;
- the (allegedly) infringing and/or otherwise unlawful nature of the (content of the) Advertisement and/or the car which was delivered.
- The indemnity also relates to any loss or damage which has been or will be incurred by CC and costs which CC is obliged to incur in connection with such a claim, including – but not limited to – the compensation of the cost of legal assistance.
- The Participant is obliged to pay a contractually agreed penalty of € 5,000.00 to CC for every attributable failure to fulfil the obligations referred to in Articles 4, 5, 7, 8 and 12, without prejudice to the right to compensation in the event of a higher damage.
- Insofar as CC and the User process personal data, they will act in accordance with the applicable privacy legislation, including Regulation (EU) 2016/679 (GDPR). Insofar as the User provides personal data to CC, the User warrants that this is in accordance with the applicable privacy legislation, including the GDPR.
Article 15: Other provisions
- If one or more provisions of the Conditions are void or annulled, the other provisions will remain in full force.
- The Agreement is governed by Dutch law. All disputes which may arise in connection with the Agreement will be submitted to the competent Dutch District Court of Zeeland-West-Brabant, location Middelburg.
Version: July 2019