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General Conditions

In case of doubt, the French version of the general terms and conditions applies.

The terms EUROCARTRADER, ECT or €CT are specifically represented by EUROCARTRADER SA, 22 Rue de Drinklange, 9910 Trois Vierges, LUXEMBOURG registered under the number LU28863609 at the Luxembourg VAT office.

GDPR and processing of personal data

The parties undertake to comply with the regulations in use to the processing of personal data, namely:

  • REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the use of such data, and repealing Directive 95/46/EC general data protection regulation.
  • Directive (EU) 2016/680 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data by the competent authorities for the purposes of prevention and detection of criminal offenses, investigations and prosecutions in the matter or the execution of criminal sanctions, and the use of such data, and repealing Council Framework Decision 2008/977/JHA.
  • Directive (EU) 2016/681 of the European Parliament and of the Council of 27 April 2016 on the use of passenger name record (PNR) data for the prevention and detection of terrorist offenses and serious forms of crime, as well as for investigations and prosecutions.

Link: https://eur-lex.europa.eu/legal-content/FR/TXT/?uri=OJ:L:2016:119:TOC

Personal data will be processed in accordance with the provisions of the GDPR and will only be passed on to subcontractors, recipients and/or third parties to the extent necessary for the essential processing purposes. The customer is responsible for the accuracy and updating of the personal data that he provides to ECT. He undertakes to strictly comply with the provisions of the RGPD for all possible personal data that he may receive from its customers, staff, collaborators and agents.

Personal data is stored and processed for a necessary period according to the processing purposes and the business relationship. The data of customers and suppliers or subcontractors will, in all cases, be removed from our systems in accordance with the legislation in use.

Any complaint regarding the use of personal data can be addressed to info@eurocartrader.eu.

ARTICLE 1 – DESCRIPTION

1.1 Terms and abbreviations

Eurocartrader, ECT or € CT are names to mention the company EUROCARTRADER SA, its decision-makers and its platform.

UV means "used vehicle".

"Valuation" or "offer" means the amount of money in Euro proposed by the buyer to the seller.

1.2 Object

These general conditions exclusively govern the contractual relationship between Eurocartrader and the professional seller/buyer of used vehicles who wishes to use the website www.eurocartrader.eu. They apply to all used vehicle valuations entered on €CT and to all associated services. Seller/buyer therefore declare that they expressly accept them without any restriction. Eurocartrader reserves the right to modify or adapt these General Conditions which prevail over any previous version. Any new version will come into force as soon as it is published on Eurocartrader. It will be applied to all trade-in valuations and actions made from that date. Eurocartrader provides sellers/buyers with a web application which aims to publish several vehicles to various car industry actors.

1.3 Le seller

The seller is the author of the offers requested on Eurocartrader. He is responsible for the data and content entered. The seller has to to check the accuracy of the data, mileage, photos and delivery time of the used vehicle.

1.4 The buyer

The buyer is an automotive professional: auto dealers, fleet owners, businesses, rental companies, brand dealers, importers and car manufacturers. He is responsible for the data, actions and omissions carried out by any user of the platform on behalf of the buyer or using the means at his disposal.

1.5 Used vehicles

The valuated used vehicles are delivered in the state in which they are, without any guarantee on the part of the seller. Given that sales are between two professionals in the same industry, the buyer expressly accepts that the guarantee against latent defects is excluded in the deals. The buyer is responsible for checking the condition and accuracy of the used vehicle information when entering these data.

1.6 The documents

The vehicles are supplied with the original administrative documents which are essential for the completion of a deal in accordance with the legislation in force in the seller's country. The buyer is responsible for checking and requesting the necessary documents at the time of the transaction. The delivery of administrative documents will be made at the time of the vehicle picking and only on presentation of the removal order. The presence of the technical expertise of the used vehicle, photographs, and damage if any, will be visible and printable on the Eurocartrader platform durint the whole transaction. For each used vehicle, the seller will define the storage location of the vehicle where the vehicle can be picked.

1.7 Access

Eurocartrader, after control and verification, will send an email to both sellers and buyers concerning the evaluation of their registration.

User: each access code will correspond to an e-mail address, as well as a password chosen by the buyer/seller. A single account will be linked to the VAT number of this buyer/seller.

ARTICLE 2 – USE CONDITIONS

2.1 Features

Thanks to the eurocartrader website, the function allows the seller to present and offer a used vehicle to an automotive profession that has not yet been taken back by the seller. It is for the seller to use the Eurocartrader website as a showcase for his end customers who remains the owner of his vehicle. Registration on the platform is free for professionals. The platform is accessible when the client is connected with his access to the Eurocartrader site.

2.2 User

The user undertakes to ensure that neither he nor his collaborators use the platform to download, send, or distribute data containing viruses, worms, spyware, malicious software or any other malicious program, to carry out operations likely to interrupt or prevent the proper functioning of ECT.

2.3 Access

Access to the ECT platform is strictly personal and the user is responsible for its conservation, confidentiality, security and their use. Any third party knowing user's access does not in any way result from the responsibility of ECT. Any transmission of personal data to a third party not mentioned in ECT is liable to legal proceedings.

2.4 Registration

To be authorized to access and use the platform, the user must request validation of his registration by completing the registration form, sending all the required documents in accordance with the registration procedures described on the platform and by accepting the general conditions.

€CT only accepts professionals of the car industry on its platform. Anyone who falsifies their application for membership to the site could be banned from the ECT website and sued. EUROCARTRADER reserves the right to verify by any legal means the accuracy of the personal data of each member contained in the registration form or the validity of the documents submitted by the user at any time.

In addition, €CT has the right to:

  • reject the user's registration request. ECT will notify the customer of such rejection and may chose to let the user rectify any inaccuracies or invalid information.
  • suspend or permanently block access to the platform as well as the use for any user.
  • refuse confirmation of a registration request without reason, at any time.

ECT will never be considered as responsible for any losses resulting from or linked to a such refusal.

An attempt to register for a third party is strictly prohibited. Any customer voluntarily enter incorrect information when registering will be immediately blocked by the website.

2.5 Notifications

The customer introduces a vehicle mentioning all the required characteristics that are required and imposed by the platform. Any attempt to avoid respecting the rules is prohibited. ECT reserves the right to withdraw an notification in such cases. The only monetary value used is the Euro.

The user takes pictures that ease the car analysis, in conditions and context that let other users to identify the vehicle and its body defects. Any picture taken outdoors must be taken during the day. Any photo resulting from the use a non-professional device with a flash is not tolerated on the platform. However, it is up to the buyer to hold it against the seller or not when he rates the car.

Whenever a valuation request is made, the seller is required to check, before the vehicle is published, the information provided by the Eurocartrader application. He will be the only actor responsible for the information provided once the request has been sent. In the case of publication of erroneous information, the seller has to stop the valuation process and justify his action in the system. He can make a new valuation request with the exact information. €CT has the right to delete any request, without prior justification if €CT considers that the request does not meet the criteria or the use conditions of the site.

The notification of the used vehicle is made for a period of 5 calendar days. A 5-day countdown starts from the last validation of your used vehicle on the platform. After this period, the used vehicle is automatically removed from the database.

Four points must be respected unconditionally:

  • Each vehicle can only be the subject of one and only request at a time.
  • Request with price required are not permitted.
  • Used vehicles marked as sold cannot appear on the website.
  • Offers are in Euro (€) all taxes included.

2.6 Valuation

The buyer introduces a valuation on a vehicle, he ensures that he is aware of the general conditions of €CT and commits to respect them. The proposed price must be real; for instance, offers of 1€ type are not allowed. The price offered must be a price in relation to the real market value, any attempt to defeat a used vehicle with the aim of damaging the notoriety of ECT is liable to legal proceedings. Any offer that is too high, resulting in penalizing other users, is likely to be rejected by the system or not be taken into account when the countdown expires.

The buyer, being a professional vehicle dealer, must carefully, and at his own risk, check the accuracy and completeness of the information provided by the seller about the used vehicles for sale. If the buyer considers that the information provided is incomplete, contradictory or equivocal, he must refrain from any offer. Note that any offer is irrevocable. Therefore, the buyer is prohibited from engaging the seller's liability for lack of information. The buyer is held solely and solely responsible for the offers made on his part. In any case, it will not be possible for him to modify any error and he will be unable to reintroduce a new offer.

2.7 Sale process

Eurocartrader will send the best valuations to the seller. The seller is free to accept or reject offers from buyers. He is required to accept or refuse offers within 30 calendar days in comparison with the availability date specified in the vehicle offer. The seller commits to accept 20% of the annual offers proposed on the ECT platform.

ECT will send an email notification to the selected buyer that he can consult on its dashboard. The order document will mention the agreed price for the used vehicle and its characteristics. An offer is binding for the buyer up to 30 calendar days within the availability date mentioned in the vehicle offer. Once the 30 calendar days elapsed, the buyer is released from any commitment to the seller for the used vehicle.

2.8 Mailing and newsletters

ECT sends e-mail notifications to all its users which aim at informing them concerning new vehicle to be valued. Each customer has the possibility to sort these notifications in order to receive them all or not via their account settings in the menu "my preferences" at any time. Any customer receiving inappropriate notifications or not that do not respect the predefined sorting must immediately inform ECT. Anyone receiving their emails in their spam will be held responsible and may not under any circumstances request or claim any compensation from Eurocartrade.

2.9 Software API

ECT offers a stock/invoicing/customer management software via an internal API. Any other program used and linked via an API will not be provided by ECT. Any problem or incident caused by the API use will be the responsibility of the API supplier and not of ECT.

2.9bis VIN use

The customer can, when he submits a vehicle offer, do a VIN search with the INFORMEX database which instantly gives the manufacturer, model, the finish type, the construction year, the color and some other characteristics of the car such as options, motor type, etc. Please note that these data come from a database that is not under the supervision of ECT and cannot represent a guarantee of data validity. It is up to the customer to check whether the data suggested by ECT during the VIN scan is real and perfectly corresponds to the used vehicle. Any research results that are not exhaustive, incomplete or showing significant differences from the vehicle are not the responsibility of ECT.

ARTICLE 3 – GENERAL EXPENSES

3.1 VIN use

For any consultation in the VIN database, any attempt to search for a license plate, chassis number or scan, an amount of 2.00€ excluding VAT will be debited from the credit card/visa/mastercard/AE or any other means of payment provided during the user registration.

3.2 Assistance costs

ECT has the right to charge administrative or assistance costs for any encoding error or bad handling at a minimum rate of 50.00€ excluding VAT.

3.3 Commissioning

ECT will charge a commission of 100.00€ excluding VAT for each transaction made to the buyer. This commission will be automatically deducted when the purchase order is downloaded by the buyer. A commission invoice will be generated automatically and will be sent by email ot the buyer.

3.4 Indexation

Any pricing modification will be notified by email without prior justification and will take effect within 30 calendar days.

ARTICLE 4 – DELAY AND CONDITIONS OF WITHDRAWAL AND DELIVERY

4.1 Payment deadline for ECT invoices

Commission invoices intended for the buyer must be paid within 30 days/end of month. Beyond this period, ECT has the right to take action against the debtor. Any debt beyond one month calendar will result in delisting of the user account from the platform, the transfer of the debtor to a blacklist file and prosecution.

4.2 Car picking and dealy

Valued used vehicles are sold at the price printed on the order document, as well as show on the ECT platform. The price is expressed in Euro. The whole agreed price must be paid by the buyer to the seller at the end of the order within 15 calendar days by bank transfer on the account defined in advance on the order document. The vehicle and/or the original papers will be transfered to the buyer upon full payment of the price. The papers will be transmitted at the time of loading ; this is the buyer or carrier responsibility to check that he is in possession of all the documents.

4.3 Sending of the removal order

The buyer accepts that any purchase order or removal order can be sent to him in advance. A vehicle cannot exceed a delay of 30 calendar days in comparirons to the availability date. Any overrun on the availability date will allow the buyer to canccel the sale.

4.4 Withdrawal conditions of used vehicles

The seller, thanks to Eurocartrader, will let the confirmed used vehicle(s) be available at the storage location stipulated on the removal order. Eurocartrader will send the buyer a removal order authorizing the removal of the vehicle(s), once full payment of the used vehicle and associated services has been completed within the time limits presented in the article 4.2. Based on the removal order, the buyer must then contact the seller to confirm the date and terms of the vehicle picking, and may decide to collect his used vehicle either himself or by a third party that he has appointed within 15 calendar days. Eurocartrader will not be held responsible for any failure by a buyer to meet this deadline. This removal is carried out at the risk and peril of the purchaser and under his responsibility. The buyer assumes his insurance obligations and compliance with the law.

4.5 Removal

Any carrier or person presenting without a removal order or identity (removal by a third party), and/or without the appropriate equipment (for damaged vehicles), could be refused when accessing to the vehicle. The seller cannot be responsible for any damage during removal.

4.6 Penalties

The buyer will receive the availability date of the vehicle. He has to come and take it within 15 working days. Beyond that deadline and without any prior notification, the seller has the right to invoice storage and insurance costs per vehicle and per additional day. Beyond the deadline, the seller may at any time, and without prejudice, cancel the sales contract. €CT cannot in any case be responsible when a buyer does not respect the vehicle removal deadlines.

ARTICLE 5 – DISAGREEMENT

5.1 Negotiation

In the event of a dispute between contractors, Eurocartrader will in no way be considered as (partially) responsible. ECT does not participate in any negotiation process or arrangement between seller and buyer of a sale. Any transaction may be cancelled as soon as one or the other party does not respect the contractual conditions of sale towards the other contracting party, that is to say:

- Any car with a positive difference of more than 3000 km respectively to the mileage referenced on the car description document or on the order form.

 - Failure to meet removal or availability deadlines.

5.2 Consequences

ECT will be paid for the commission relating to the transaction regardless of the outcome of the transaction. ECT intervention in the event of a dispute may be requested under given conditions (see article 9).

5.3 Right of retention

In the event of non-payment of the offered price of the purchased vehicle, even partial, the seller expressly has the right to use his right of retention until the full payment of the vehicle.

ARTICLE 6 – RESPONSIBILITY

6.1 Responsibility and commitment of the buyer

The buyer, as a professional car dealer, must carefully, and at his own risk, check the accuracy and completeness of the information provided by the seller about the used vehicles offered for sale. If the buyer considers that the information provided is incomplete, contradictory or equivocal, he must refrain from any offer. It is reminded that any offer is irrevocable. Therefore, the buyer cannot prosecute the seller because of a lack of information. The buyer is the only responsible for the offers he made. In any case, it will not be possible for the buyer to modify any error ; as well, he will not be authorized to reintroduce a new offer. It is strictly forbidden for the buyer to contact the seller directly. The content of the site being the exclusive property of Eurocartrader, any buyer using it for personal purposes without Eurocartrader's consent is liable to prosecution.

6.2 Responsibility and commitment of the seller

Whenever a valuation request is made, the seller is required to check the information provided by the Eurocartrader application before the publishing the vehicle. He will be the only responsible for the information provided once the request has been sent. In the event of publication of erroneous information, the seller is required to delete the valuation request by justifying his action. Then, he can make a new request with the correct information. €CT has the right to delete any request, without prior justification if it considers that it does not meet the criteria or the conditions of use of the site.

6.3 No Eurocartrader liability

EUROCARTRADER does not take part in any negotiation in the event of a dispute and declines all responsibility for the database provided by €CT members. Whatever the circumstances, users cannot question or prosecute Eurocartrader in the event that disputes of any kind arise between users of the platform, whether they are sellers or buyers. ECT cannot guarantee the reliability of sellers and buyers, their creditworthiness or the quality of the products.

6.4 Loss or theft

The user is required to immediately notify ECT, by email or any other communication solution accpeted by ECT, in the case of any loss, theft or violation of usage, access and confidentiality data. Any transaction or manipulation carried out within 2 working days of the notification and the resulting consequences remain under the responsabilité of the user.

6.5 Foresight

ECT has the right to suspend any user access, for a fixed or indefinite period of time and for any reason. Late payment, suspicious behavior or suspicion of fraud are possible reasons that ECT may rise to suspend access to the user. However, ECT decides if it communicates or not the reasons of the suspension of user access, and to proceed with the suspension.

6.6 Force majeure

The execution of the order may be suspended by the seller in case of absolute necessity. The case of absolute necessity is understood as any unforeseeable event beyond the control of the seller, such as a natural disaster, bad weather, fire, strike, riot, act of public authorities, civil or military, which has the effect of preventing the normal execution of the order. When such an event occurring, the seller will notify Eurocartrader, as well as the buyer. The seller will make every effort to minimize the consequences in the case of absolute necessity. In the case of that kind of events which delay the delivery time by more than 15 days, each of the parties will be free to cancel the order. No compensation will be due in the event of an agreement between the parties, although the financial commission of Eurocartrader will remain due.

ARTICLE 7 – INDEPENDENCE OF CONTRACTORS

7.1 Independence of buyer and seller

The buyer and the seller agree that they are independent contractors and that none of the articles of these general conditions means that they are acting as an agent, partner or representative of one of the parties, or that one of the parties is authorized to bind with the other party.

7.2 Specificity of the Contract

Each contract must be considered as a specific transaction and the buyer will not be able to claim any compensation if the seller decides to no longer sell used vehicles to the buyer or to suspend access to PRO VO for any reason (and in particular in the case of non-compliance with the buyer's obligations as specify by these general conditions).

ARTICLE 8 – INTELLECTUAL PROPERTY

8.1 Content

All the content of this site and of the mobile applications including without limitation graphics, images, videos, animations, sounds, logos, icons, photos, as well as their formatting are the exclusive property of Eurocartrader. The idea and the patent were filed with the Luxembourg Court of First Instance and remains the exclusive property of Eurocartrader.

8.2 Database

Registered ECT members are registered in a database owned by ECT. All data relating to members are the exclusive property of ECT, which complies with the GDPR and all the responsibilities arising therefrom. Any attempt to copy or steal this data will be suit. In the event that an ECT member finds himself in possession of the data reserved for ECT, he is required to notify ECT immediately with the e-mail: info@eurocartrader.eu.

ARTICLE 9 - LITIGE

9.1 Advice

In the event of a dispute between seller and buyer, EUROCARTRADER recommends an amicable procedure. In the event that the parties cannot reach a common agreement, a second opinion form supplied with the removal order must be completed by the buyer and the seller, signed by both of them and returned by email to info@eurocartrader.eu.

The buyer must submit the completed second opinion form in order to facilitate the work of analysis and data processing by EUROCARTRADER. Sending this sheet does not in any way mean that the buyer can waive his obligations. The commission of 100.00€ excluding VAT may be refunded to the buyer if ECT considers that the buyer has been wronged in the transaction.

9.2 ECT intervention

ECT has the right to intervene or remain neutral in any type of dispute between a buyer and a seller. ECT declines all responsibility for any type of consequence prejudicial to the seller or to the buyer. Following a dispute, ECT claims the right to proceed with several types of sanction as it sees fit:

  • Warning: simple email reminding the member that he has adopted questionable or punishable behavior with regard to the general conditions of ECT.
  • Fixed-period suspension: ECT informs the member that the platform will be temporarily suspend the member access for a period determined by ECT. ECT has also the right to extend the member's suspension or terminate it beforehand.
  • Suspension for an indefinite period: ECT informs the member that, until the conflict resolution, his member access is suspended. ECT has the right to reactivate the account or to remove access to the member and all related members.
  • Banning of the site: ECT removes your access and inserts your personal data in a blacklist database so that subsequent registration is impossible. Any fraud attempt in order to circumvent this measure is, by default, prohibited.

ARTICLE 10 - REPAYMENT

10.1 Procedure

The buyer can submit a request for repayment of the commission as long as the transaction has not been carried out. The repayment request can be made by email to the following e-mail: info@eurocartrader.eu.

10.2 Conditions

The actual repayment of the commission from ECT to the buyer must meet several criteria (A + B + C or A + B + Cbis) which must be met at the time of the repayment request:

A\ non-execution of the transaction: the transaction has not taken place, the buyer submits a request for reimbursement within 20 calendar days of payment for the transaction.

B\ buyer irresponsibility: the buyer has not taken any action or inaction with the objective of canceling the transaction. He paid the car on time, presented himself for picking the vehicle at the appropriate place from the availability date communicated in the announcement, brought the documents required to load the used vehicle with appropriate means of transport.

C\ Sudden and unforeseeable event: natural disaster, bad weather, fire, strike, riot, act of public authorities, civil or military.

C bis\ The car shown in the announcement and the car available for picking show irregularities which substantially devalue the used vehicle. For this point, a second opinion form is printed, completed and signed by the two parties (buyer and seller). Once done, the form is sent to ECT by post or e-mail.

* For the point "C bis", ECT has the right to analyse the case and to decide in favor of the seller or of the buyer without having to justify its decision.

** Any unsuccessful transaction meeting the specific conditions required (A + B + C or A + B + C bis) does not guarantee any ECT intervention.

*** Any attempt to collude between buyer and seller in order to avoid the ECT commission will be severely reprimanded. Any act of non-compliance with the clauses of the general conditions herein aimed at evading the ECT commission is liable to legal proceedings and heavy financial penalties.

**** If the seller refuses to deliver the vehicle to the buyer or remains unable to deliver it for any reason other than those mentioned in point C, he will be responsible for the transaction cancellation and undertakes all the detrimental consequences which result. In such a case, ECT may then require the commission from the seller.

ARTICLE 11 - Legal details

11.1 Tribunal compétent

Any relationship requiring a legal action from either party, insofar as this includes Eurocartrader, will be submitted exclusively to the Clervaux district court.

11.2 Language

For any transaction, any exchange of information or litigation, the French language prevails. Eurocartrader declines all responsibility in the event that a translation is misunderstood, misinterpreted or offends one or the other party. For any transaction that may fail when the parties use different languages, Eurocartrader cannot be considered as responsible.

ARTICLE 12 - UPDATES

12.1 Provisions and effects

ECT may at any time modify or delete partially or completely one or more articles of these general conditions. Any modification of the general conditions will have retroactive effect unless this is specified in the article itself.