- These general terms and conditions apply to the customers (“Customers”) of Carconnex NV (“Carconnex”) for all the latter’s sales. Merely by placing an order and submitting it to Carconnex, the Customer declares that he or she has taken due prior note of these general terms and conditions and accepted them without reservation. If there is any conflict and/or discrepancy, the general terms and conditions of Carconnex prevail over any of the Customer’s own general terms and conditions.
- All the prices of Carconnex are shown in euros, unless there is an explicit written agreement to the contrary. The prices do not include any levy or tax whatsoever which is or must be charged on the objects sold. Subject to Carconnex stating otherwise in writing, all payments are to be made in euros by way of a deposit into its bank account, as indicated on the invoice. If Carconnex were to accept payment by cheque in a particular case, this shall be done only under the reservation that payment is remitted and the Customer’s payment shall only be regarded as having been remitted when the credit institution has credited Carconnex’s bank account with the amount of this cheque.
- By placing an order with Carconnex, the Customer explicitly and unequivocally grants Carconnex his or her permission to process his or her personal data in accordance with the prescriptions of the Law of 8 December 1992 on the Protection of Privacy in relation to the Processing of Personal Data. Personal data of the Customer that shall be processed include the following: name, address, telephone & mobile phone numbers, email address and bank particulars. Carconnex shall process the Customer’s personal data purely and solely for the following purposes: customer administrative services, processing and monitoring orders and Carconnex’s direct marketing. Carconnex shall not pass on the Customer’s personal data on to any third party. The Customer always has the right to peruse his or her personal data and, where appropriate, to correct these data that might relate to him or her. The Customer can object to having his or her data processed for direct marketing purposes by notifying Carconnex accordingly in writing. The Customer recognises and accepts that damage which the Customer were to suffer due to unlawful use of the data by third parties who have not received any permission whatsoever to do so, can never be recovered from Carconnex.
- A pro forma invoice for the car(s) to be purchased is drawn up and sent to the Customer before any obligation whatsoever arises for Carconnex in a legal relationship with a Customer. The Customer confirms his or her order by sending the pro forma invoice, which he or she has duly signed and stamped, within 24 hours after it was received. After Carconnex has received the pro forma invoice, signed and stamped by the Customer, the latter undertakes to pay the pro forma invoice in full within five calendar days. An agreement of sale only comes into being after full payment of the pro forma invoice has been received. The sales process ends automatically if there is no payment within five calendar days after the above-mentioned period of five calendar days after Carconnex has received the signed and stamped pro forma invoice, and, in that case, the Customer automatically owes Carconnex a fixed amount, per car, of 5% of the price stated on the pro forma invoice, with a minimum of EUR 750.00 (excluding VAT) per car for compensation for damages. In that case, Carconnex is entitled to sell the relevant car(s) to third parties without any compensation of any nature whatsoever. The Customer accepts that invoices issued by Carconnex are sent electronically.
- Unless Carconnex and the Customer were to come to a different agreement from time to time, the objects bought by the Customer shall be fetched from Carconnex and accepted at the agreed time. The Customer shall automatically owe Carconnex storage costs equal to EUR 50.00 (excluding VAT) per day’s delay for fetching any individual object not fetched at the agreed time, and, in any event, if this is not done within seven calendar days after Carconnex sent the invoice.
- The Customer is provided with all the vehicle documents and duplicate key(s) pertaining to the object purchased after Carconnex has received the CMR document, duly signed and stamped by the Customer. If any of the vehicle documents listed on the pro forma invoice or on the invoice are missing, Carconnex must be informed of this in writing within 48 hours after the reception of the documents and the key(s). After such period has expired, Carconnex is deemed to have provided the Customer with all of the above-mentioned vehicle documents for the object purchased. The Customer shall inspect the purchased objects upon delivery and shall check whether the quality of these objects coincides with what was agreed. On penalty of forfeiture, Carconnex must be notified in writing immediately upon delivery of any visual defects of the objects by means of a detailed outline of the relevant defects on the CMR, waybill or delivery note, and before Carconnex signs the relevant document. If this is not done, Carconnex can no longer be held liable for any visual defects, and the sold object is irrevocably and definitively accepted by the Customer. If the Customer uses the objects bought or repaired after such period has expired, such use implies the Customer’s irrevocable and final acceptance of any visual defects. Carconnex always reserves the right to re-possess the vehicle subject to the invoice terms and condition if there is any non-conformity.
- The delivery period of the objects communicated to the Customer by Carconnex is purely indicative. If there is an abnormal delay, the Customer has the right to cancel the order by registered letter, on condition that Carconnex has still not made the respective delivery within a period of one month after Carconnex was sent a notice of default to do so by registered letter. The Customer also explicitly waives any other possible means of recourse, i.e. the allocation of any form of compensation, against Carconnex.
- At any point in time, and even after bankruptcy, judicial reorganisation or any situation of consolidation of the Customer, Carconnex can set off any existing mutual assets and debts as there may be between Carconnex and the Customer. Said setting off can be performed even if the debts and claims are not yet definite, established or due, regardless of the form, currency or object of the debts and claims. The calculation of such setting off is made in euros, (and) if necessary, after converting the foreign currency at the Customer’s expense.
Legal ownership of the objects forming the subject-matter of the invoices issued by Carconnex only and solely transfers to the Customer at the moment at which the full price, costs, interest and other financial liabilities have been paid in full. The Customer shall nevertheless bear the full risks of loss or destruction of such objects from the moment that he or she can fetch the object or it can be delivered to him or her.
The liability and compensation due to possible liability on the part of Carconnex towards the Customer is at all times limited to the amount of this Customer’s invoice, and only in the amount of the sum that the Customer has actually paid. Under no condition whatsoever is Carconnex liable for consequential or indirect loss of any nature whatsoever.
Notwithstanding the fact that Carconnex makes reasonable efforts to secure its emails and other electronic files against viruses and other defects that can affect computers and computer systems, Customers continue to be exclusively responsible for taking appropriate measures to protect their computers and computer systems against such viruses or defects. Carconnex does not accept any liability whatsoever for any loss or damage pursuant to receiving or using electronic communication and files originating from Carconnex.
- Notwithstanding the fact that Carconnex makes reasonable efforts to secure its emails and other electronic files against viruses and other defects that can affect computers and computer systems, Customers continue to be exclusively responsible for taking appropriate measures to protect their computers and computer systems against such viruses or defects. Carconnex does not accept any liability whatsoever for any loss or damage pursuant to receiving or using electronic communication and files originating from Carconnex.
- Carconnex is automatically released from its obligations and not obliged to fulfil any obligation in the case of force majeure. “Force majeure” is understood to mean a situation, which may or may not be temporary, in which the execution of all or part of the agreement is prevented by circumstances beyond Carconnex’s control, even if such circumstance was foreseeable at the time at which the agreement came about. The following are examples that are regarded as cases of force majeure: delay in or failure of deliveries by suppliers, loss of business pursuant to accident, strike, lock-out, fire, electrical, computer, internet or telecommunication disruptions, decisions or interventions by the government (including refusal or cancellation of a permit or licence), fuel shortages and mistakes or delays caused by a third party. Carconnex is not obliged to prove the unaccountable or unforeseeable nature of the circumstance constituting such force majeure.
- If any of the provisions of these general terms and conditions of Carconnex, either entirely or partly, is not enforceable or is in conflict with a mandatory law provision, this shall not influence the validity or enforceability of the other provisions of these general terms and conditions, nor the validity and enforceability of that part of the respective provision that is not enforceable or in conflict with a mandatory law provision. In such a case, Carconnex and the Customer shall negotiate in good faith to replace the unenforceable or conflicting provision by an enforceable and legally valid provision which approximates the aim and purpose of the original provision. Derogation from these general terms and conditions by Carconnex can never be regarded as a waiver thereof.
- The relationship between Carconnex and its Customers is exclusively governed by Belgian law. If there is any dispute, the Courts in Leuven (Belgium) are solely and exclusively competent, without prejudice to the Carconnex’s right to assert and file a claim with any other Court.