FASTBACK – General Conditions of the Fastback Trade Marketplace & the B2B Sales module (version of 16/10/2023)
1. Whenever the term “in writing” is used in these General Terms and Conditions, it means by a document signed by both parties, by registered mail, by electronic mail or by any other means accepted by the parties.
2. By placing an order, the customer confirms their full and unreserved acceptance of these general terms and conditions, and they may not invoke their own conditions of purchase or payment, even if these are stated in their order confirmation or any other
3. FASTBACK refers to:
– either FASTBACK SRL, with registered office at rue Emerée 6 magasin 1- Floriffoux, company number 0524.702.296.
– or FASTBACK MARKETPLACE BE SRL with registered office at rue Emerée 6 magasin 1- Floriffoux, company number 0795.353.280 only when explicit reference is made to this company.
Products and services
4. Any service not explicitly mentioned in the contract may be subject to additional invoicing. No work will be carried out without the customer’s prior written consent.
5. To the extent that the customer is in compliance with all of their obligations arising from this contract, FASTBACK undertakes to provide, or to have provided by any service provider that it may substitute, the configuration, commissioning and training of the tool for the customer’s personnel, as well as the maintenance and hosting of the products and services mentioned in the contract.
6. During the commissioning, the customer is given up to half a day’s training, entirely free of charge. If this time period is exceeded, each half-day commenced will be invoiced. However, all online and telephone support is free of charge throughout the term of the contract.
7. FASTBACK undertakes to host the solutions included in the contract on its server platform. The server platform is accessible via an Internet connection. Given the specific characteristics of the Internet network, FASTBACK cannot guarantee uninterrupted access to the application by Internet users, nor the speed of access. FASTBACK cannot be held liable in the event of force majeure, in particular any interruption in telecommunications, regardless of the equipment or network used, as long as they are not under the control of FASTBACK.
8. When ordered by the customer, FASTBACK takes care of the registration formalities for the domain name chosen by the customer. To this end, the customer must provide FASTBACK, upon the latter’s request, with all documents and information necessary for this procedure. In any event, FASTBACK makes no guarantee as regards obtaining the domain name chosen by the customer, since this decision is made by accredited organisations. The customer is solely responsible for the choice of domain name, and must verify that it does not infringe the rights of a third party.
9. FASTBACK provides its customers with a gateway, the purpose of which is to publish the customer’s used vehicles on various third-party sites. The customer must first have a contract with one or more of these third-party sites before being able to use the gateway. In no event does FASTBACK handle publication subscriptions on these third-party sites and cannot be held liable in any way for any dispute between the customer and these third-party sites. FASTBACK only provides the gateway service. A delay in publication may occur, and this is beyond the control of FASTBACK.
10. Unless otherwise stipulated, invoices shall be paid in cash from the date of issueand before any application of the various services and products. A deposit may be required before installation and commissioning of any service.
11. In the event of non-payment of an invoice by its due date, the customer shall be liable, without prior notice, for late payment interest at 10% per annum and, in the event of non-payment within 15 days of the due date, a penalty clause equal to 10% of the invoice amount.
12. In the event of late payment, FASTBACK shall be entitled, after having notified the customer by e-mail and letter, to suspend the execution of the contract until receipt of payment.
13. If the customer has not paid the amount due within two months, FASTBACK shall be entitled, by written notice to the customer, to terminate the contract and claim compensation for any losses incurred.
14. In the case of an annual contract amounting to more than EUR 6,000, the customer may only exercise the right to quarterly payments by means of a standing order drawn up when the order form is signed. The first payment must be made before the various services are implemented.
15. Any contestation of an invoice must be made in writing within 8 days of receipt. Duration of the contract
16. The contract shall enter into force on the day it is signed by the parties, for a period of 12 months. When the contract expires, it will be automatically renewed for a period of 12 months, unless one of the parties notifies the other of its wish to terminate the contract upon its expiry date, by registered letter sent to the other party at least two months before said expiry date.
17. However, FASTBACK reserves the right to refuse to renew the contract on its expiry date, and without having to respect the two-month notice period, in the event that the customer has made non-compliant use of the services.
Processing of personal data
18. In the context of their contractual relations, the parties undertake to respect the current regulations on the processing of personal data, and in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR).
19. FASTBACK collects and processes the identity data and contact data it receives from the customer concerning the customer him or herself, their staff, employees, agents, customers and any other useful contact person. The purposes of this processing include the performance of this agreement, customer management, accounting and direct prospecting activities, such as the sending of promotional or commercial information on FASTBACK. The legal bases are the performance of the contract, compliance with any legal and regulatory obligations and/or FASTBACK’s
20. In particular, FASTBACK collects the following personal data: address, telephone number, e-mail address, total number of visits to the Site, number of visitors to each page of the Site, the domain names of visitors’ Internet service providers, IP addresses, and cookies.
21. The above-mentioned personal data will be processed in accordance with the provisions of the General Data Protection Regulation and will only be passed on to processors, recipients and/or third parties insofar as this is necessary for the above-mentioned processing purposes.
22. The customer is responsible for the accuracy and up-to-dateness of the personal data they provide to FASTBACK, and undertakes to comply strictly with the provisions of the General Data Protection Regulation regarding the persons whose personal data
hey have sent, as well as with respect to all possible personal data that they may receive from their customers, staff, collaborators and agents.
23. Personal data shall be stored and processed for the period necessary to meet the purposes of the processing and the relationship (contractual or otherwise). Data concerning customers and suppliers or subcontractors shall, in all cases, be removed
from our systems no later than 31 December of the 5th year following the end of the contract, except in the case of personal data that we are obliged to store for longer pursuant to specific legislation, or in the event of ongoing litigation for which the personal data is necessary.
24. In accordance with and under the conditions of Belgian data protection legislation and the provisions of the General Data Protection Regulation, we inform you that you have the following rights:
Right of access: the customer has the right to ask at any time if their data has been collected, for how long and for what purpose.
Right of rectification: the customer has the right to request that incorrect or incomplete data be corrected or completed at any time by simple request.
Right to restrict processing: customers may request that the processing of their data be restricted. This means that the data in question must be ‘marked’ in our IT system, and cannot be used for a certain period of time.
Right to erasure of data (‘right to be forgotten’): Subject to the exceptions provided for by law, customers have the right to demand that their data be erased. If the customer wishes to request that FASTBACK can no longer use their personal data, they can simply write to email@example.com.
Right to data portability: customers can request that their data be sent to them in a “structured, commonly used and machine-readable format”.
Right to lodge a complaint: the customer may lodge a complaint with the data protection authority.
25. FASTBACK is authorised to process on behalf of the customer, the controller, the personal data required to provide the services ordered.
FASTBACK undertakes to: (1) process the data solely for the purpose(s) for which it is outsourced; (2) process the data in accordance with the customer’s documented instructions; (3) immediately inform the customer if these instructions constitute a breach of data protection law; (4) guarantee the confidentiality of the data processed; (5) ensure that persons authorised to process data undertake to respect confidentiality and receive the necessary training in data protection; (6) take into account, with regard to its tools, products, applications or services, the principles of data protection by design and data protection by default. FASTBACK may use another processor to carry out specific processing activities. It
shall inform the customer in advance and in writing of any planned changes concerning the addition or replacement of other processors. It is the responsibility of the customer to provide information to data subjects at the time the data is collected.
To the extent possible, FASTBACK will assist the controller in fulfilling its obligation to comply with requests to exercise the rights of data subjects: right of access, rectification, erasure and objection, right to restrict processing, right to data portability, etc.
FASTBACK undertakes to implement technical and organisational measures that guarantee an adequate level of security to protect the confidentiality of data.
FASTBACK shall notify the customer of any breach of personal data of which it becomes aware. At the end of the data processing service, FASTBACK undertakes, if the customer so wishes, to destroy the data or return it to the customer.
FASTBACK undertakes to keep a register of all categories of processing activities carried out on behalf of the customer.
FASTBACK shall make available to the customer the necessary documentation to demonstrate compliance with all of its obligations and facilitate the performance of audits, including inspections, by the customer, and to assist in these audits. The customer, in its capacity as controller, undertakes to (1) provide FASTBACK with the data which is the subject of the processing; (2) document in writing any instructions concerning the processing of data by FASTBACK; (3) ensure, in advance and for the duration of the processing, that FASTBACK complies with the obligations set out in the GDPR; (4) supervise the processing, including conducting audits and inspections at FASTBACK.
26. In any event, the seller remains the sole owner of the information it encodes, such as the contact details of its customers and the vehicles offered for sale. Under no circumstances will FASTBACK or any other person be able to use this data, which is solely intended to facilitate the use of the marketplace and the sale of vehicles to users.
27. The customer may not use trademarks, trade names, or any other distinctive signs, data files, software, text, or sounds belonging to FASTBACK without the latter’s prior written consent. The customer agrees not to register or have registered any trademarks,
trade names, or distinctive signs belonging to or made available by FASTBACK.
28. FASTBACK remains the sole owner of the application and all services provided to the customer. Under no circumstances can the customer resell the rights to use their license.
29. The customer guarantees that they have all necessary rights and/or authorisations and will guarantee FASTBACK against any possible claim from a third party who claims to have an intellectual or industrial right to any of the elements, in particular all texts, images, logos, graphics, photos, audio or video films, files, software, databases that the customer has requested FASTBACK to integrate into the site or to use for its design, for all uses by FASTBACK of these elements provided for in the contract.
30. FASTBACK retains ownership of the know-how developed or used during the performance of the contract, and is free to use it for any other purpose, in particular for the creation of websites. In particular, it may freely reuse software elements and code developed specifically for the customer.
31. Each of the parties shall be entitled to suspend performance of its obligations to the extent that such performance is prevented or rendered unreasonably burdensome on account of the following circumstances: labour disputes and any other circumstances beyond the control of either party including fire, war, epidemic, general mobilisation, insurrection, requisitioning, seizure, embargo, energy restrictions, etc., or by reason of any other circumstance beyond the control of either party.
Disputes and governing law
32. Unless otherwise expressly agreed in writing by the parties, any disputes relating to the validity, interpretation or performance of this agreement, which cannot be resolved amicably, shall be submitted to the Commercial Court of Liège – NAMUR Division (Belgium). Disputes arising out of or in connection with the contract shall be subject to Belgian law.