SPECIFIC CONDITIONS FASTBACK TRADE
1. The present specific conditions are an integral part of the contract and are in addition to the general conditions familiar to and accepted by the client who can hereafter also be referred to as « the user ».
2. Once the user submits at least one offer by means of the FASTBACK TRADE platform, the present conditions are to be considered as automatically approved without any reservation.
3. The present conditions can be modified at any time by FASTBACK. However, only the most recent conditions known to and accepted by the user will be applicable.
Description of the product
4. FASTBACK TRADE is a platform that allows the user to consult and place a bid for vehicles that are offered by other FASTBACK clients.
5. FASTBACK TRADE is compatible with the following browsers : Internet Explorer 9+, FireFox 3+, Safari 3+ and Chrome 9+.
6. FASTBACK TRADE allows the user to place a bid for trade-in vehicles from different dealerships in Belgium, France and the Grand-Duchy of Luxembourg.
7. The vehicles are offered excluding taxes (excl taxes) or all taxes included (incl taxes) depending on the professional or private nature of the vehicle.
8. Each vehicle is described by the dealer to the best of his abilities (technical sheet, equipment, possible damage, etc.) and is accompanied by photo’s that show the vehicle’s general appearance as well as possible damage zones.
9. As long as no bid was offered by a user at the quoted price, the vehicle can be withdrawn from sale and from the platform. Furthermore, a vehicle can be withdrawn from sale if the vehicle’s owner decides to do so and this even when a bid was already offered via the platform. Consequently, no compensation whatsoever can be claimed in case of a bid not accepted by the dealer as a result of the owner’s withdrawal from sale of the vehicle for whichever reason.
10. The platform’s user will be informed of the activity in each file through his interface or email.
11. Once the sold vehicle’s availability is confirmed via the platform, the user has a maximum delay of ten days to take possession of the vehicle unless otherwise agreed upon. Should he fail to do so, the vehicle can be offered for sale again at the dealer’s discretion and the sale will be considered null and void.
Commission and costs
12. No commission whatsoever will be perceived by FASTBACK Ltd on the sale of the vehicles offered by the dealers and the traders.
13. In principle, no additional cost whatsoever will be charged by the dealer at the moment of delivery of the vehicle that was bought on the platform, with the exception of particular instances where certain dealerships could impose additional administrative costs that are in no way related to the FASTBACK TRADE platform.
Default of payment
14. In case of non-payment of an invoice at its due date, the access to the FASTBACK TRADE platform will be automatically suspended pending the integral payment of the overdue bills. This will prohibit the client to access his information.
Commitment and responsibility
15. The double confirmation implies that a user can in no way claim to have made any error whatsoever while offering his bid for a vehicle. In case the user has made an error regarding the vehicle’s value it will be upon him to contact the dealer without delay, by phone or by email, as to notify the latter about his error and to try to agree with him on a possible arrangement.
16. FASTBACK Ltd can in no way be held responsible in case of litigation between a dealer and a user for whatever reason. FASTBACK Ltd merely offers the technical tool allowing sale and purchase between the platform’s users.
17. FASTBACK Ltd is not responsible for the description of the vehicles that are presented on the platform nor for their conformity to the description that was offered by the dealer. FASTBACK Ltd can neither be held responsible in case of improper use of the platform by the user nor for any mistakes made by the latter.
18. Nevertheless, FASTBACK Ltd reserves the right to immediately revoke access to the platform to any dealer or user who would have carried out a blatant and deliberate erroneous description of the vehicle or who would have deceived the user in any way with the intention of obtaining an offer and closing a sale. FASTBACK Ltd could in any event revoke access to the platform to any person that would somehow be contravening the law. FASTBACK Ltd can also revoke access to the FASTBACK TRADE platform to a user that fails to pick up any vehicle that was confirmed to him within 10 days.
19. FASTBACK Ltd can also revoke access to the FASTBACK TRADE platform to a user that doesn’t take possession of a vehicle within a delay of 10 days following confirmation of his bid by a seller.
Moreover, in this case, the user commits to compensate the seller for losses he may have suffered resulting from the non-reception of the vehicle. This compensation has been fixed at a lump sum of at least 10% of the price exclusive of taxes that was proposed by the seller to the user.
20. Any failure to comply with the present specific conditions can result in the unreserved termination of the subscription and the definite exclusion to the procurement of vehicles in dealerships.
Level score sheet
21. Each user will be rated by the dealers who can give them a score ranging from 1 to 5 in relation to his quality level, 5 being the note for excellent quality achieved by the user and 1 being the lowest rating.
22. All users of the FASTBACK TRADE platform have access to the entire database of FASTBACK Ltd in which the contact data off all dealers and clients of the platform are stated.
23. Under no circumstances does FASTBACK Ltd guarantee or take responsibility for the reliability or the truthfulness of the data mentioned in the database, this data being the fruit solely of the information that was passed on by the clients.
24. The users cannot turn against and incriminate FASTBACK Ltd in the event the information stated in the database would be incorrect or in the event a litigation of any sort would incur between the users of the platform be it sellers, traders or clients.
25. In any event, the seller remains the sole and unique proprietor of the data he encoded, such as the contact data of his clients and the information about the vehicle for sale. Under no circumstances FASTBACK Ltd or any other person can use this data which is destined uniquely to allow the use of the platform and the sale of the vehicles to the users.