Terms and Conditions

By visiting this site or use it as a registered user, you unconditionally agree to be fully bound by these Terms and Conditions and Privacy Policy.

Cartelex is developed, controlled and operated by CARproWEB, Leuven (BE).

1. Purpose of the site

 www.carproweb.com and all subdomains are web applications that enable registered users (B2B) to trade cars. CARproWEB hereby therefore only acts as a mediator.

2. License

2.1. conditions license

In order to auction or buy cars on CARproWEB a registered user must have a license for CARproWEB.

 A license is granted to any company that operates, directly or indirectly, in the purchase and / or sale of vehicles and that is registered as such. Moreover, the company should be accepted as a registered user by CARproWEB.

CARproWEB may deny a license without having to justify such action.

A license shall commence on the date that the user receives the login information by email.

In order to use www.carproweb.com and subdomains the registered user receives a login and password. This password is strictly personal and may not be shared with anybody. In case of loss or abuse another password shall be immediately requested.

2.2. duration license

A license is valid for a period of one year. Its extension is done in silence. You may terminate your license through. mail to licentie@carproweb.com; no later than one month before the expiry of the current license.

2.3. termination of license

CARproWEB has the right to block, deactivate or terminate a license without any form of compensation. Reasons for this include, but are not limited to:

• Failure to comply with the Privacy Statement.

• Failure to comply with these Terms and Conditions.

• Perform acts, in the broadest sense, which directly or indirectly may affect CARproWEB, in any form.

• Use practices with illegal character on the websites.

• Placing information or pictures that are inconsistent with the purpose of this site and / or may be against the law.

• Failure to comply with payment deadlines, understandings or agreements with CARproWEB or other registered users.

• Failure to comply with the legislation applicable to the sale in B2B of vehicles, nationally and internationally.

When a registered user deactivates or terminates his license, his current transactions remain valid and should be handled as usual and in accordance with these terms and conditions. Non-observance of this entitles CARproWEB and / or registered users to claim for compensation for the concerning transactions.

3. user.

3.1. Categories of authorized registered users.

* Sole proprietor, in possession of a valid VAT number, being professionally engaged in the purchase and sale of vehicles and therefore also registered.

* Business with a company form, in possession of a valid VAT number, being professionally engaged in the purchase and sale of vehicles and therefore also registered.

3.2. User registration

To access the website, you must register as a user. You need this to meet a number of criteria:

• Minimum age 18 years, empowered and capable themselves, in their own name or in the name of his company or the company for which he works, agreeing to the Terms and Conditions and Privacy Policy.

• The authorization for themselves or as a representative of his company or the company for which he works to register at CARproWEB.

• The authorization for themselves or as a representative of his company or the company for which he works to provide vehicles to sell on CARproWEB.

• The authorization for themselves or as a representative of his company or the company for which he works to bid on vehicles at CARproWEB and buy them also.

• Comply with the quality of CARproWEB.

• You wear as manager full responsibility for all the actions that you and / or your staff put on the auction platform CARproWEB and all transactions that relate to it.

• You must ensure that your employees are aware of and respect the terms of use and privacy policy CARproWEB.

CARproWEB has the right to remove a registered user temporarily or definitively www.carproweb.com and all subdomains if infringements concerned commits one or more provisions of the Privacy Policy and / or the Terms and Conditions. Is the registered user a company, either the company or the user(s) within that company will be individually removed temporarily or permanently.

3.3. Your data as a registered user

Your data as a registered user are only visible to other registered users when they are a contact of you.

3.4. The registered user as seller

As a seller is you guarantee:

- The vehicles that you offer meet the following criteria below (point 4), imposed by CARproWEB.

- The vehicle that you offer is entirely consistent with the description you give it, ie: make, model, version, age, mileage, chassis number, color, interior, options, exterior damage, interior damage, defects, failures, technical problems, mechanical problems, and everything else that could still affect the real (residual) value of the vehicle.

- You can show that you have the rights to place thi car for sale on CARproWEB.

- That you / your company unconditionally and rigorously comply at every transaction with the applicable national and international laws (eg VAT, tax, ....).

You must unconditonally respect the first allocation of the vehicle to the buyer who has placed the highest bid at the time of the conclusion of the auction.

You must unconditionally respect the delivery date that is specified. Deviations must be agreed in writing with the buyer. A copy shall be sent to CARproWEB by mail administratie@carproweb.com.

Billing should be done according to the rules below (5.4.1).

If, in case of a vehicle still to be taken over, the customer / owner of the car decides not to trade in the car, the transaction will be canceled. The purchaser hereby has no right to claim for damages. The auction costs paid by the buyer shall be transferred to the next file. Abuses hereby will be punished with temporary or permanent exclusion from the auction platform.

3.5. The registered user as a buyer.

The buyer is committed to have the right to bid on vehicles they purchase, whether for its own account or for the company he represents.

The buyer is obliged to purchase a vehicle when it was assigned to him by a seller. Failure to comply with this rule gives CARproWEB the right to immediately collect damages from € 1,000.00; this without any form of legal process.

Payments must be made in accordance with the requirements set out below (point 5.5.).

You must unconditionally respect the delivery date specified by the seller. Deviations must be agreed in writing with the seller. A copy shall be sent to CARproWEB by mail administratie@carproweb.com.

3.6. The contacts of the registered user.

You may add your own contacts for the auctions of CARproWEB, so they can bid on the cars that you offer. These contacts will not be shared with anyone. However, it remains free for those contacts to register themselves as registered users.

A contact always has the right to make themselves temporarily or permanently deleted from your contacts list; this without any right of compensation for you and / or the contact.

4. Vehicles

4.1. Which vehicles may offer a registered user Cartelex?

A registered user may offer all vehicles on www.carproweb.com as long as these vehicles meet the following criteria:

- Vehicle Age: unimportant.

- Mileage: unimportant, but it should reflect the reality. Mileage fraud is punishable by a claim for damages and the necessary legal succession.

- Provided for use on public roads.

- Possess the legal documents associated with the vehicle.

- The chassis number should be clearly verifiable on the vehicle and the related documents.

- Freedom from debts, seizure or any other form of legitimate claim on the vehicle by third parties.

- Ownership of those who sell the vehicle. If it is a car to take over, it is the vehicle to be owned by those offering it to the seller, or the person claiming to be able to sell the vehicle.

CARproWEB reserves the right to temporarily or permanently remove a vehicle from the site, without being previously declared in default or having to pay any compensation.

4.2. To take over vehicles.

A take over vehicle is a vehicle that has to be taken  over by a salesman from a customer who is considering buying another vehicle with him, new or used.

In case of a take over, there are some situations where the auction, may or may not be prematurely closed without effect:

- The customer has decided to buy a vehicle or postpone the purchase.

- The client has decided to buy a vehicle elsewhere.

- The client has decided to buy a vehicle, but to sell his own vehicle.

Above situations can lead to abuse to systematically cancel auctions. To prevent this CARproWEB keeps accurate statistics. When determining abuse CARproWEB has the right to temporarily or permanently remove the seller and/or buyer involved as a registered user. Only in this way they can offer to the other registered users  a good working platform.

4.3. Required information about a vehicle to include

Model, version, age, mileage, chassis number, color, interior, options, exterior damage, interior damage, defects,  malfunctions, technical problems, mechanical problems, and everything else that might affect the real (residual) value of the vehicle .

4.4. Pictures of the vehicle

The seller may add up to 8 pictures, provided they contribute to the good image of the concerned  vehicle.

Obligatory photos are:

* A general view exterior.

* A general view interior.

* A photo of mileage.

* Must be clearly legible license plate on one picture in case of a vehicle to take over!

4.5. auction criteria

The seller must add the criteria when offering a vehicle for auction, namely:

* Vehicle availability.

When the vehicle could be available to the buyer. In the case of a vehicle to take over he should take into account the delivery of the new vehicle from the current owner.

* Minimum of the vehicle.

The price which has to be offered as minimum. It is not possible to place a vehicle without minimum.

* Bid time.

The time for buyers to bid on a vehicle.

The seller knows only at the time of allocation who is the buyer and only after this one has fulfilled the payment of the auction costs, whether this is a contact of the seller or another registered user.

5. Procedure for Auction

5.1. Offering a vehicle

To offer a vehicle a seller must proceed as follows:

* You contact our call center, where an operator will create the car sheet in a few minutes time.

* Companies who work with one of our Key Account Managers will contact him instead of the call center.

* Immediately after the car sheet is made the seller receives an email containing a link is to the car sheet.

* The vendor completes the sheet of the car as follows:

- Add pictures. This may directly with the camera of a smartphone or by uploading from his computer.

- Adding the auction criteria.

Once this is done, he can start the auction of the vehicle.

He is not obliged to start the auction of the the vehicle immediately. In that case, he can keep the car sheet as a concept and then, later, start the auction of the vehicle.

The seller has always access to the car sheet from the aforementioned email, but also directly from the auction platform.

* As long as a vehicle is not placed on auction the car sheet can still be changed. To do this, the seller must contact again the call center. The license plate of the vehicle is herewith as a reference. In the event of a car from the stock the chassis number will be the reference to be used.

5.1.1. Rules related to the contact with the call center:

> In principle, a call to the call center will be answered within 15 seconds.

> If all the operators of the call center are busy, your call will go on a waiting list. Once an operator is free you will be contacted by him and can still draw up the car sheet.

> All calls are recorded with the call center and stored for 6 months. In this way it can be determined in any discussions who made the mistakes while drawing the car sheet.

> A user has no right to claim for damages if, due to circumstances, the above items were not respected.

5.2. The auction

* Once a vehicle is in auction the car sheet can not be changed anymore. Errors can only be corrected by removing the vehicle and providing it again. All bids that already might have been placed before will be cancelled.

* A registered user can place an unlimited number of bids on a vehicle.

* A bid is incremented by at least € 100.00.

* A bid is and remains unconditionally binding for the buyer. Failure to comply with this rule gives CARproWEB the right to immediately collect damages from € 1,000.00; without any form of legal process.

* At the end of the auction the vehicle is automatically assigned for the first time to the highest bidder. For this, the vendor should do nothing.

5.2.1. Validity of bids

A bid that was placed by a registered user is valid for a period, depending on the bidding time, namely:

* A 10min auction: the bid is valid for 24h, starting at the time the auction ends, whether this is the highest bid or not.

. Like this auction on Saturday than the bid is valid 48 hours.

* A 20min auction: the bid is valid for 24h, starting at the time the auction ends, whether this is the highest bid or not.

. Like this auction on Saturday than the bid is valid 48 hours.

* At 1am auction: the bid is valid for 24h, starting at the time the auction ends, whether the highest bid or not.

. Like this auction on Saturday than the bid is valid 48 hours.

* 24h at auction: the bid is valid for 5 days, starting at the time the auction ends, whether this is the highest bid or not.

* 48h at auction: the bid is valid for 5 days, starting at the time the auction ends, whether this is the highest bid or not.

5.3. Assign a vehicle

5.3.1. Initial allocation.

At the end of the auction a vehicle is automatically assigned for the first time to the bidder with the highest bid, without the intervention of the seller.

5.3.2. Final allocation.

The final allocation should be done as follows:

* If it is an acquisition this should happen the same day that the vehicle is taken over on paper from his client by the seller.

* If it is a vehicle in stock, then it should be done the same day when the auction of the vehicle ends.

* The final allocation has to be done on the auction page and must be performed manually by the seller.

* Almost immediately after the final allocation the buyer receives the invoice for the auction cost of CARproWEB.

* After the buyer has paid the invoice for the auction cost of CARproWEB buyer and seller receive an email in which they find each other's data. From that moment on the further transaction is directly between seller and buyer and CARproWEB will only watch whether the transactions run smoothly.

5.3.2. Cancellation of an assigned vehicle.

The cancellation of a definitively allocated vehicle can only be done in the following cases:

- The car was bought by the seller, but in the period between order and delivery of the new vehicle, the customer decides not to sell the vehicle anymore.

- The car was bought by the seller, but in the period between order and delivery of the new vehicle,  the condition of the taken over vehicle has visually, technically or mechanically changed so much that the seller was obliged to abandon the acquisition.

CARproWEB watches closely how auctions take place. Abuses of the possibility of cancellation may lead to temporary or permanent exclusion of the seller and / or buyer.

5.4. Billing of a sold vehicle.

5.4.1. Billing vehicle:

A vehicle that is sold in B2B through www.carproweb.com is directly invoiced by the seller to the buyer. This can only take place as soon as the seller himself became the owner of the vehicle when after the phisical take-over has taken place.

Seller and buyer will rigorously respect the applicable laws relating to commercial transactions, taxation and VAT.

5.4.2. Billing auction costs:

CARproWEB bills the auction costs only and directly to the buyer when the seller has confirmed the acquisition of the vehicle by means of the final allocation.

5.4.3. Invoicing any expertise:

The expertise at the request of a registered user is planned by CARproWEB. The expertise is billed by CARproWEB to the party requesting the expertise.

5.5. Payments

5.5.1. Payment bill vehicle:

The payment modalities are agreed in principle between buyer and seller. However, a vehicle may solely be delivered to the buyer after full payment of the vehicles and other bills associated with the transaction (auction costs CARproWEB, expertise, transport).

All invoices must be paid within 48 hours after the invoice date.

5.5.2. Payment bill auction cost:

The invoices for the auction cost must be paid within 48 hours after the invoice date.

5.5.3. Payment bill expertise:

The invoices for the expertise must be paid within 48 hours after the invoice date.Expertise is carried out only after prior payment thereof.

5.6. Delivery vehicle

The terms of delivery (time, place and mode of transport) are discussed in principle and agreed between the buyer and seller and fall entirely outside the responsibility of CARproWEB.

Nevertheless, a few rules here are to be respected:

- A vehicle can only be delivered to the buyer from the moment on that all payments were made in this transaction. These are: payment of vehicle, payment of the auction costs CARproWEB, payment of any expertise.

- The seller must unconditionally respect the promised delivery date. Disputes arising from a possible delay (eg. By longer delivery) between buyer and seller are to be mutually settled amicably. CARproWEB  can not be held responsible for it.

- The agreed delivery time should be respected by seller and buyer.

- The location of delivery shall be mutually agreed by buyer and seller.

5.7. Dispute & Expertise

The buyer has the right in case of dispute with the seller to request an independent expertise of the vehicle. CARproWEB will organise the expertise done by an automotive expert or organization / company that owns the qualification to carry out assessments. The costs of the expert shall be paid by the party requesting the expertise. The expertise is carried out only after payment before were met.

6. Cost

6.1. License

Using CARproWEB.com and its subdomains is free to registered users.

 

6.2. Cost placement auction

Placing a vehicle for auction is free of charge.

 

6.3. Cost of communication.

During the launching period there will be no additional cost for the communication with the call center.

 

6.4. Auction cost CARproWEB

- Do you sell a vehicle to a private contact, CARproWEB has the right to charge you an auction cost of € 75,00 + VAT.

- Do you sell a vehicle to a registered user of CARproWEB, which is not a contact you, then CARproWEB may charge you an auction costs as follows:

* For vehicles with highest auction price of € 0.00 to € 9,999.00 (incl. VAT): € 150,00 + VAT

* For vehicles with a maximum sale price from € 10,000.00 (incl. VAT): € 250,00 + VAT

6.5. Expertise

Expertise will cost € 150.00 + VAT.

CARproWEB has the right at all times to make the right changes in tariff rates, taking into account the prevailing rules on the subject.

7. Statistics & criteria.

CARproWEB maintains global and individual statistics including the intention to provide the registered users information about the contacts they met as a business partner through www.carproweb.com and on the vehicles offered for auction.

Points as accuracy of information, fluency of transaction, accuracy and punctuality in billing and payments are crucial criteria.

8. Intellectual Property & Copyright

The intellectual property of CARproWEB.com and its subdomains, in the broadest sense, belongs to third parties as well as the domain, the names and logos.

You expressly acknowledge that the information and data remain the property of CARproWEB.

No part of this site may be reproduced, copied, transmitted or made public by print, microfilm, magnetic media, e-mail or by any other means or process without the prior written consent of CARproWEB.

It is also strictly forbidden for other purposes - including, but not limited to, commercial purposes, such as mailings, compiling databases, etc. -. To copy content or use, regardless of whether to update the information for non-personal purposes to use the form, without the prior written consent of CARproWEB.

9. Disclaimer

CARproWEB can not be held liable for any direct or indirect loss or injury caused by failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of your records, whether for breach of contract, tortuous behavior, negligence, or any other cause of action.

CARproWEB can not be held liable for any direct, indirect, incidental, special or consequential damages arising from the use of the service, such as, but not limited to, loss of anticipated profits, benefits, usage or data resulting from the use of these pages .

10. Force majeure

CARproWEB can not be held liable or be obliged to pay compensation if carproweb.com and its subdomains by external causes, of any kind, is totally or partially incapable to deliver services as described in these Terms and Conditions .

11. Content and accuracy information

The content of the information related to your business or vehicles that you are offering for sale or for acquisition are covered under your responsibility. CARproWEB can not be held liable for the content, nor for the accuracy or completeness. Abuse should be reported by email to legal@carproweb.com.

12. Liability CARproWEB

CARproWEB can not be held liable or be required to pay damages:

- For the information provided by the registered user about himself or his company and / or employees.

- For delays during the call to the call center, where all operators are busy.

- For the information you enter on the vehicles offered by you.

- The method and / or actions of your company and / or employees.

- The method and / or practice of your contacts.

- The manner in which the transaction takes place after allocation between seller and buyer.

13. Termination of Services

CARproWEB can at any time stop the services, suspend or shut down for any reason. This initiative involves the automatic termination of your license; without the right to any form of compensation.

14. Communication

CARproWEB has the right to send emails and texting to registered users, to the extent they relate to the functioning of the website.

ex:

• Announcing new services on the website.

• Providing vehicles.

• Report changes to the Privacy Policy or Terms of Service.

• Mails with administrative character.

• ....

The content of e-mails, including any attachments, is intended only for the person or organization to whom it is addressed and, where appropriate, solely for the therein specified purpose or use. Any use of this information (such as editing, forwarding, totally or partially reproduce or distribute in any form) by persons other than the addressee is prohibited.

15. Amendments

CARproWEB always has the right:

• To adapt the content of the website(s) for the purposes of the improvements or to the keep them up to date.

• To modify the content of the privacy statement or the Terms and Conditions. The registered users will be notified by mail.

16. Links to third parties

CARproWEB.com and its subdomains may contain links to third party websites. CARproWEB can not be held responsible for the content or privacy practices of these other websites and can not check these too. We encourage you to review the privacy policy of these other sites, as it may differ from ours. This Privacy Policy applies solely to information collected by CARproWEB on its website or through products of CARproWEB.

17. Disputes and right

CARproWEB operates under Belgian law.

Disputes of any kind between CARproWEB and a registered user controlled as far as possible amicably. In all other cases, the dispute shall be settled by the competent court in the District of Hasselt.

Disputes of any kind between themselves registered users (buyers and sellers) are regulated as far as possible, amicably. CARproWEB acts as mediator. In all other cases it shall be settled by a competent court of the District of Hasselt. In that case, only for information but obligatory, CARproWEB must be kept informed of the progress and outcome of the legal proceedings.

18. Any questions, complaints, suggestions and comments

Questions, complaints, suggestions and comments, you can always email us at contact@carproweb.com.

Last updated on 31/12/2016.