FASTBACK – CONDITIONS OF USE OF THE FASTBACK TRADE MARKETPLACE & THE B2B SALES MODULE
1. The present terms and conditions of use form an integral part of the contract and supplement the general terms and conditions known and accepted by the customer, hereinafter also referred to as the “user”.
2. The customer or user refers to both the “seller” and the “buyer” of vehicles.
3. As soon as the user publishes or lists at least one offer using the B2B Sales module on the FASTBACK TRADE marketplace, these terms and conditions of use and the general terms and conditions, of which they form part, shall be considered to have been automatically approved without reservation.
4. The present conditions may be modified at any time by FASTBACK. However, only the most recent terms and conditions known to and accepted by the user shall apply. The most recent version will be available on our website www.fastback.be.
Criteria for registration on the Marketplace
5. Only VAT-registered professional car users are authorised to register on the Marketplace.
How the Marketplace works
6. FASTBACK TRADE is a marketplace that enables users to publish, view and list vehicle offers via the Sales B2B module.
7. Vehicles are offered Excl. Tax (HT in French) / Excl. VAT (Htva in French) or inclusive of all taxes (TTC in French), depending on whether the vehicle is for professional or private use. In the case of an intra-Community sale, in order to benefit from a price excluding tax, the buyer is informed that transport must be provided by a carrier issuing a C.M.R. consignment note. Otherwise, the seller may issue an invoice with VAT applied, with no possibility for the buyer to contest.
8. Each vehicle must be described as fully as possible by the seller (technical data, equipment, any damage, etc.) and must be accompanied by photographs showing the general appearance of the vehicle and any areas of damage. If any damage or technical or mechanical problems are identified on the vehicle, they must be entered in the “damage” tab. A photograph of the damage alone is not enough, and the buyer may refuse the vehicle if the damage is not described in the “damage” tab.
9. A vehicle is published for a maximum of 7 days. As long as no offer has been made by a buyer for the vehicle offered, the vehicle may be withdrawn from sale and from the marketplace.
10. If the seller is not yet in possession of the vehicle, the sale shall be concluded under the suspensive condition that the vehicle will be collected by the seller from its owner. If a vehicle has not been confirmed to a buyer via the Marketplace, it may be withdrawn from sale if the vehicle owner so decides, even if an offer has already been made on the marketplace. No compensation whatsoever may be claimed in the event of an unconfirmed offer by the seller following a withdrawal from sale by the vehicle owner for whatever reason.
11. An offer made by a buyer cannot be cancelled, unless it is clearly an error and the buyer informs the seller and the FASTBACK Helpdesk by e-mail within one hour of making the offer.
12. Users of the marketplace will be kept informed of the progress of each listing via their interface or by e-mail.
13. In the case of a trade-in of a vehicle to its owner by the seller, a trade-in agreement between the seller and the vehicle owner must be drawn up.
14. Confirmation must be sent to the buyer making the highest offer within 28 days of publication of the offer. Once this period has elapsed, the seller will no longer be able to confirm the trade-in of the vehicle to the buyer, thereby releasing the latter from his obligation to purchase.
15. Confirmation of the availability of a vehicle by any means other than the Sales B2B module (Messenger, WhatsApp, e-mail, telephone call, etc.) will not be valid and will not initiate the vehicle collection period.
16. Unless otherwise agreed with the seller, the buyer has a maximum of 14 days from the date of notification that the vehicle is available at the seller’s premises via the Sales B2B module to pay for and take possession of the vehicle. Otherwise, the vehicle may be put back up for sale if the seller so wishes, and the sale will be regarded as null and void.
17. If the vehicle is returned to the seller’s premises before the planned date of availability, the buyer is not obliged to take possession of the vehicle on the date of physical return to these premises, but may wait until the date of availability specified in the offer. No parking fees can be charged to the buyer before the envisaged availability date plus 14 days.
18. In the B2B Sales module, the seller must indicate the actual pick-up date, the final price of the transaction, and rate the quality of the transaction.
19. If a vehicle returns with more mechanical or bodywork damage than envisaged, the seller must immediately notify the buyer via the platform’s messaging system. The buyer will have the option to propose a new price or will have to confirm / refuse the purchase of the vehicle by the messaging system within the 14-day period envisaged for the collection of the vehicle.
20. Via the Marketplace, the user has the option of appointing an independent expert (SGS) to verify the vehicle’s conformity with the appraisal sent by the seller. This independent appraisal will be invoiced at €199 excluding VAT and will be performed within five days of the request. The appraisal is based solely on the Renta standard. This expert appraisal will determine whether the damage should be regarded as acceptable
or unacceptable. This standard does not take into account the mechanical aspect of the vehicle. The appraisal will only be possible for vehicles with a transaction price above €5,000.
21. From 15 days before the announced delivery date, the seller must confirm to the buyer whether the date will be respected or changed. A change in delivery time of up to 15%, with a minimum of 8 days, must in this case be accepted by the buyer. In the event of a delivery delay of more than 15%, with a minimum of 8 days, the buyer may propose a new price, which the seller may accept, refuse or negotiate via the menu
displayed on the platform. If there is no agreement between the seller and the buyer, if the vehicle has arrived at the seller’s premises with a delay of more than 15%, with a minimum of 8 days, than the time indicated by the seller, the buyer may refuse to take delivery of the vehicle, without
having to pay compensation.
Example 1: Offer published on 1 March for delivery on 15 April, i.e. 45 days. Maximum delay = 45*15%= 6.75 or 7 days. I.e., a delay of less than 8 days. Maximum delivery is therefore 15 April + 8 days = 23 April.
Example 2: Offer published on 1 March for delivery on 30 June, i.e. 121 days. Maximum delay = 121*15%= 18.15 or 19 days. The maximum delivery is therefore 1 March + 140 days (121+19) = 19 July.
If the buyer does not refuse the offer or request negotiation within 8 days after seller proposals, via the menu displayed on the platform, the modification of the availability date or new price proposal will be considered as tacitly refused by the buyer.
22. From 15 days before the announced delivery date, the seller must confirm to the buyer whether the kilometers indicated on publication of the offer will be respected or changed. A difference in kilometers of up to 3,000km must in this case be accepted by the buyer. In the event of a difference in the kilometers of more than 3000 km, the buyer may propose a new price, which the seller may accept, refuse or negotiate via the menu displayed on the platform. If the seller and the buyer cannot reach an agreement, if the vehicle has arrived at the seller’s premises with a difference in kilometers of more than 3000 km compared to the kilometers indicated in the offer by the seller, the buyer may refuse to take delivery of the vehicle, without having to pay compensation.
If the buyer does not refuse the offer or request negotiation within 8 days after seller proposals, via the menu displayed on the platform, the modification of mileage will be considered as tacitly refused by the buyer.
23. The seller’s attention is drawn to the fact that the confirmation of offers received from buyers shall entail the conclusion of a sales contract with these buyers, and means that the seller is obliged to deliver the vehicle sold. With the exception of the case provided for in article 10, or in the event of theft or total write-off as evidenced in particular by a complaint to the police or a declaration of loss to an insurance company, the seller is no longer able to cancel the offer confirmed to the buyer.
24. All claims must be made within the time the buyer has to collect the vehicle. If the buyer uses a carrier, the buyer can check the vehicle’s conformity before collection, by requesting an appraisal from SGS. Whatever the method of collection, no further claims can be made once the vehicle has been collected by the buyer.
25. In the event that the vehicle has not been collected due to a disagreement regarding the conformity of the vehicle with the appraisal sent by the seller, the FASTBACK helpdesk must be notified within 24 hours using the support button. If the helpdesk is unable to facilitate an agreement, it reserves the right to appoint an independent expert (SGS) to verify the vehicle’s conformity with the appraisal sent by the seller, in accordance with article 20. In such cases, the 14-day collection period will be suspended until the Helpdesk has taken a decision on the report by SGS.FASTBACK MARKETPLACE BE will invoice the user in default for inspection costs,amounting to €199 excluding VAT. In the event of default on the part of the seller, the latter will be liable to the buyer for travel expenses, upon presentation of receipts, up to a maximum amount of €250.
In the event that the Helpdesk confirms the non-conformity of the vehicle, the buyer will have the option of withdrawing from the sale without costs.
26. For each sale concluded between a seller and a buyer, the latter will pay FASTBACK MARKETPLACE BE a service fee, calculated on the price of the vehicle purchased, of 1% depending on its VAT status, with a minimum of €50 for vehicles under €5,000. Service fees are payable to FASTBACK MARKETPLACE BE by the buyer upon confirmation of delivery of the vehicle, and must be paid within 15 days of the issuance of a monthly invoice detailing the vehicles collected by the buyer during the previous month.
27. For “LITE” buyers, an additional fee of €39 per vehicle will be charged to cover the cost of using the TRADE platform without subscription. This supplement will be added to the monthly invoice issued by FASTBACK MARKETPLACE BE.
28. The percentage and amount of the above-mentioned fees may be revised on 1 January of each new calendar year, for a period of 12 months, provided the user is notified at least three months before the expiry date.
29. In the event of non-payment on the due date of an invoice from FASTBACK MARKETPLACE BE, access to the FASTBACK TRADE marketplace or the B2B Sales module will be automatically suspended or limited pending full payment of the overdue invoices.
Commitment and liability
30. FASTBACK cannot be held liable in the event of a dispute between users for whatever reason. FASTBACK only provides the technical tools that facilitate sales and purchases between users of the marketplace.
31. FASTBACK is not responsible for the description of the vehicles on the marketplace and the conformity thereof with the description provided by the seller. FASTBACK cannot be held liable for any misuse of the Trade Marketplace and B2B Sales module by the user, or for any errors made by the user.
32. FASTBACK reserves the right to immediately disable access to publishing on the TRADE Marketplace for any user who has posted a clearly and deliberately inaccurate description of the vehicle, or who has in any way misled another user with a view to obtaining an offer and concluding a sale.
33. FASTBACK may in any event disable access to the marketplace for any person who in any way contravenes current legislation or the provisions of the general terms and conditions and these terms and conditions of use.
34. The buyer undertakes to compensate the seller for any loss suffered by the latter as a result of failing to collect the vehicle, except: in the event that the delivery deadline or kilometres are exceeded, as specified in Articles 21 and 22, and in the event of non-conformity of the vehicle confirmed by the parties and/or the Helpdesk. This compensation is set at a flat rate of 10% of the price of the vehicle, with a minimum of €250, depending on its VAT status.
35. The seller undertakes to compensate the buyer for any loss incurred by the latter as a result of the non-execution of a confirmed sale, except: due to theft, total write-off or cancellation by the customer of their order for the new car, following postponement/cancellation by the manufacturer, as well as in the event of Force Majeure as defined in article 31 of the GTC. This compensation is set at a flat rate of 10% of the price of the vehicle, with a minimum of €250, depending on its VAT status.
36. Users wishing to claim payment of compensation as provided for above must contact the FASTBACK helpdesk in order to initiate the claims procedure within 10 days of making the claim to the helpdesk.
37. If a user has not taken any action on a listing for more than three months, FASTBACK has the right to delete the listing from its database, and the user is responsible for re-entering the information they wish to appear in the listing.
38. FASTBACK cannot be held liable for missing and/or incomplete documents included in offers and appraisals, and shall not intervene in the process of retrieving or modifying documents.
39. For each completed transaction, each user is rated by the other users via a series of questions. The latter will also be asked to give a score from 1 to 10, with a score of 10 being an excellent opinion and a score of 1 to a very poor opinion. FASTBACK reserves the right to immediately withdraw access to and/or the posting of vehicles to the FASTBACK TRADE marketplace from any user who has an average rating of less than 3 stars. In addition, if a user’s rating falls below 3 stars, FASTBACK may decide not to renew the user’s subscription on the expiry date.
40. If the buyer with fewer than 3 stars is the highest bidder, they will lose their priority and the seller may choose the second-highest bidder.
41. Confirmation rate refers to the ratio between offers published by a seller and offers confirmed to buyers.
42. The confirmation rate must be maintained at an average of over 20% calculated over a 12-month contract period. If a seller fails to maintain this rate over the reference period, FASTBACK reserves the right not to renew the contract on its expiry date and to terminate the contract on that date without having to give prior notice.
43. Conversion rate refers to the ratio between offers confirmed by the seller to buyers and vehicles delivered to buyers. The conversion rate must be maintained at an average of over 90% calculated over a 12-month contract period. If a seller fails to maintain this rate over the reference period, FASTBACK reserves the right not to renew the contract on its expiry date and to terminate the contract on that date without having to give prior notice.
44. Each user of the FASTBACK TRADE marketplace and B2B Sales Module has access to the entire FASTBACK database, which contains the contact information of all users registered on the marketplace. Each user is obliged to update their invoicing details and any other information required to ensure the smooth running of transactions.
45. Under no circumstances does FASTBACK accept responsibility or guarantee the accuracy or reliability of the information stated in the database, which is purely the result of information provided by users.
46. Users cannot hold FASTBACK liable in the event that the information contained in the database is incorrect, or in the event that a dispute of whatever nature arises between users of the marketplace.
47. In any event, the seller remains the sole owner of the information they encode, such as the contact details of their 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.