General Terms and Conditions of Sale

Vehicle sales between professionals (B2B) and export transactions

1. Identification of the seller

The company Car-Market, whose registered office is located at rue du Polissou 19, 5590 Achêne (Belgium), registered with the Crossroads Bank for Enterprises under number 0872.929.724, VAT BE 0872.929.724, is hereinafter referred to as “the Seller”.

2. Purpose

These general terms and conditions of sale (“GTC”) govern the sales of new and used vehicles concluded by the Seller with buyers acting for professional purposes, including in the context of export sales.

3. Scope

The Buyer declares that it acts exclusively for professional purposes. It is the Buyer’s responsibility to check the information set out in the purchase order and the invoice (identity, VAT number, vehicle, VIN, price, VAT regime and destination) and to report any error without delay. These GTC must have been communicated to the Buyer and accepted before or at the time the order is concluded. No provision derogates from the applicable mandatory rules.

4. Orders, deposits and cancellation

4.1. The order becomes binding upon the Seller’s written acceptance, in particular by purchase order, e-mail or electronic confirmation. The Seller may refuse an order before accepting it, in particular in the event of serious doubt as to the Buyer’s solvency. Payment of a deposit or of the balance may constitute evidence of acceptance of the order and of the GTC if the latter have been communicated beforehand.

4.2. Each vehicle ordered, whether in stock or in pre-sale, requires the immediate payment of a reservation deposit of at least €500. The amount of €500 is a minimum and not a ceiling: any higher deposit or any additional payment received is recorded as a sum paid in respect of the order concerned. The sums paid are credited against the price upon normal performance of the sale.

4.3. When the vehicle is available, the Seller informs the Buyer and sends it a pro forma invoice or a notice of availability. Unless otherwise agreed in writing, the balance must be paid within five working days of that notice. In the event of non-payment, the Seller sends a formal notice granting a reasonable additional period before it may terminate the sale and claim the compensation provided for below, within the legal limits.

4.4. Any request for cancellation by the Buyer within fifteen calendar days of receipt of the purchase order must be made in writing. This period does not constitute an automatic right of withdrawal or of free cancellation between professionals. A cancellation only becomes effective after the Seller’s written agreement, unless there is a legal or contractual right to the contrary. Any fees or compensation applicable during this period are determined in the written cancellation agreement or according to the proven loss and the applicable mandatory rules.

4.5. Where the Buyer cancels or refuses to perform the order more than fifteen calendar days after receipt of the purchase order, without a valid legal or contractual reason, the Seller may claim, by way of a compensation clause, a lump-sum indemnity equal to 20% of the sale price of the vehicle excluding VAT. This indemnity is intended to compensate, on a lump-sum basis, the costs of reservation, immobilisation and administration and the foreseeable commercial consequences of the non-performance. It may not exceed the limits permitted by Belgian law and remains subject to judicial review of unfair or manifestly disproportionate clauses.

4.6. In the event of a cancellation giving rise to an indemnity, all deposits and other payments received for the vehicle concerned are set off against the indemnity due. If the payments are lower than the indemnity, only the balance is claimed; if they exceed it, the difference is refunded, subject to any other legally due and duly substantiated sums. No accumulation resulting in double compensation for the same loss is permitted.

4.7. The Buyer may request termination of the sale in the event of a delivery delay exceeding three months for a used vehicle or six months for a new vehicle compared with the agreed indicative date, after giving the Seller formal notice and granting it a reasonable additional period, unless the circumstances justify immediate termination under the law. Delays in providing documents are assessed according to their seriousness and their impact on performance. The legal rights of each party in the event of non-performance remain reserved.

5. Prices

Prices are stated in euros, excluding VAT or under the margin scheme where applicable, unless otherwise indicated. Transport costs, administrative formalities, export and other expressly agreed costs are borne by the Buyer.

6. VAT and intra-Community supplies

Sales in Belgium are subject to the applicable VAT regime. The exemption of an intra-Community supply or of an export outside the European Union depends on compliance with the legal conditions and on the production of the required supporting documents. Failing this, Belgian VAT may be invoiced or regularised. The Buyer provides the necessary information, in particular a valid VAT number, proof of transport or export and, where justified by legal verification obligations, the necessary identification and company documents, in compliance with personal data regulations.

7. Payment terms

Unless otherwise agreed in writing, full payment must be made before collection or delivery. In the event of late payment in a commercial transaction, interest and compensation for recovery costs are due in accordance with the Belgian Act of 2 August 2002, within the applicable limits.

8. Delivery and transfer of risk

Physical delivery takes place when the vehicle is handed over to the Buyer or to the designated carrier, in accordance with the agreed terms. Risk passes in accordance with the agreed delivery terms and the applicable law; it does not pass by the mere payment of a deposit. After duly notified availability and in the event of a delay attributable to the Buyer, the consequences of the delay are governed by the applicable law. The Seller remains liable for acts legally attributable to it.

9. Retention of title

The vehicle remains the property of the Seller until full payment of the price and of the legally due ancillary amounts. In the event of non-payment, the Seller may exercise the rights arising from the retention of title under the conditions provided for by law, without prejudice to any judicial authorisations that may be required.

10. Condition of used vehicles

Used vehicles are sold in the condition described and known at the time of sale, subject to the expressly agreed characteristics and to mandatory provisions. The professional Buyer is invited to inspect the vehicle and the documents and to check that the VIN matches. Known defects, reservations or particularities must be disclosed in good faith. This clause does not cover fraud, intentional concealment or any other liability whose exclusion would be prohibited.

11. Warranty

In sales exclusively between professionals, the legal conformity warranty regime specific to consumer sales does not apply. Unless there is a written commercial warranty or a mandatory legal obligation, no additional commercial warranty is granted. Any exclusions do not cover cases where liability cannot legally be excluded.

12. Liability

To the extent permitted by law, the Seller is not liable for indirect damage or loss of profit that was not foreseeable when the contract was concluded. No limitation applies in the event of fraud or intentional misconduct, nor where it would deprive the contract of its essential obligations or would be prohibited by the applicable law.

13. Parking

Where the Buyer does not collect the vehicle within fifteen calendar days of the written notice of availability, parking fees of €10 per day and per vehicle may be invoiced from the sixteenth day, provided that they have been brought to the Buyer’s attention and correspond to a reasonable service or cost. This clause does not apply where the delay is attributable to the Seller.

14. Vehicle trade-in

In the event of a trade-in, the agreed value is based on the information and statements provided by the Buyer. Any substantial discrepancy (mileage, condition, accident damage, history, documents) may justify a joint re-assessment or the appropriate contractual and legal remedies. The trade-in requires the handover of the necessary documents.

15. Export

The Buyer takes care of customs and registration formalities in the country of destination, unless otherwise agreed in writing. It checks the local import and type-approval rules. The Seller remains bound by its expressly agreed obligations and by the mandatory obligations incumbent upon it.

16. Force majeure

Neither party is liable for non-performance due to an event of force majeure within the meaning of Belgian law, insofar as it makes performance impossible. The affected party informs the other party without undue delay and takes reasonable measures to limit the consequences. Events occurring on the premises of the Seller or of a subcontractor do not automatically constitute cases of force majeure.

17. Applicable law

These GTC and the sales they govern are subject to Belgian law, subject to any mandatory rules that may apply.

18. Claims, documents and disputes

Upon receipt, the Buyer or its carrier must check the apparent condition of the vehicle and record any apparent damage on the CMR consignment note, where one is used. Reservations and photographs must be sent to info@car-market.be as soon as possible, ideally within 24 hours. These arrangements facilitate the handling of claims and do not remove the mandatory rights or time limits provided for by the CMR Convention or the applicable law, in particular for non-apparent damage. Any excess or contribution of €300 applies only if it has been expressly agreed and is legally permissible.

Information on trim level and equipment originating from third-party suppliers is given subject to verification. The characteristics expressly confirmed in the order remain contractual.

The vehicle documents are sent after receipt of the agreed supporting documents, in particular the original CMR where required. The time needed to send them may depend on the country of origin; the Seller informs the Buyer of any significant delays.

The courts having subject-matter jurisdiction for the district of the Seller’s registered office have jurisdiction over disputes, subject to mandatory rules of jurisdiction.

19. Partial invalidity

If a clause is declared void or unenforceable, the other provisions remain applicable insofar as the overall balance of the contract can be maintained.