TERMS AND CONDITIONS

321 Autotal – GENERAL TERMS AND CONDITIONS

1. THE RELATIONSHIP BETWEEN 321 Autotal AND ITS USERS

1.1 ABOUT 321 Autotal

1.1.1. 321 Autotal is a division of VHS BVBA, Oude Pittemstraat 23, 8760 Meulebeke, Belgium, which is the owner of the web site and the domain name and responsible for the activities of 321 Autotal.

1.1.2 321 Autotal acts solely as an agent to make the 321 Autotal auction available to its users so that users can conclude sales agreements among themselves in this way.

1.2 CATEGORIES OF USERS AND RIGHTS

1.2.1 Any company and any individual adult can register as a user of the 321 Autotal auction.

1.2.2 321 Autotal reserves the right to refuse registration without further explanation and to stipulate special terms and conditions for the approval of a user’s registration.

1.2.3. 321 Autotal decides which category applies to each separate user and can transfer a user to a different category at any time without explanation.

1.2.4 321 Autotal has the right to cancel the registration of a user immediately and without notice or further explanation. In the event of a user cancelling his or her own registration for whatever reason, the user is still bound by all agreements which he or she has concluded with other users via 321 Autotal.

1.2.5 All users choose a user name and a password. These details are strictly private and must not be passed on to others. All users must report any unauthorised use of their user name or password or any other security problem immediately and to make sure that they log off after each session. 321 Autotal cannot be held liable for any loss or damage arising from a failure to observe the above rules. 321 Autotal also reserves the right to take any appropriate measures in such circumstances.

1.2.6. All registration applications from a new user within one and the same company shall be submitted for approval to the person from that company who was the first one to register.

1.2.7. All users must abide by all national and international laws, conventions, guidelines, ordinances, and regulations regarding the use of services and making offers and purchases on a web site.

1.2.8. As soon as a user registers and 321 Autotal supplies his/her personal details, the user is no longer anonymous for 321 Autotal. When the user wishes to use the 321 Autotal services, 321 Autotal is entitled to ask the user to provide his or her identity and contact details, invoice details, and other personal details on the various forms found on the web site. Where possible, 321 Autotal indicates which fields must be filled in and which ones are merely optional.

Under certain circumstances, 321 Autotal can ask for additional financial data such as, for example, credit card details and other details which are necessary in order to issue the user with an invoice for the services provided by 321 Autotal.

1.3 DESCRIPTION OF THE VEHICLE

1.3.1 The vehicle offered on the auction site must always be described correctly and in detail in accordance with the current description procedure which is completed when the vehicle is presented. All the requested information regarding the description and presentation of the vehicle must be included.

1.3.2. When a vehicle is presented for the 321 Autotal auction, the description of the vehicle is binding on the seller, who agrees to supply the vehicle in the condition described. It is not possible to change the description of the vehicle once the auction has started. If it emerges that the description of the vehicle is incorrect, the seller must contact 321 Autotal.

1.3.3. 321Autotal has the right to ask for more information and documentation regarding the vehicle and its description.

1.3.4. The seller bears the sole responsibility for the accuracy of the data entered. 321 Autotal is not responsible for the vehicle or the data entered.

1.3.5. All sellers must guarantee and, if necessary, prove that the presented vehicle is free of any ownership conditions, sequestration orders, purchasing rights, repurchasing rights, and/or sales rights. Sellers must also guarantee that there are no other factors which could restrict or hinder the sale of the vehicle.

1.3.6 The seller can only offer vehicles if he/she is the owner of the vehicle or if he/she has a valid mandate to offer the vehicle for sale on behalf of others.

1.3.7. The vehicle must be standing physically at the place of registration.

1.4 MINIMUM PRICE

1.4.1 The seller states a minimum price. If 321 Autotal obtains a buyer who is prepared to pay the minimum price or a higher price for the vehicle on offer in the described condition, the seller is obliged to sell the vehicle. The seller is also obliged to sell the vehicle if a lower offer is accepted with the prior written consent of 321 Autotal.

1.4.2 If 321 Autotal considers the stated minimum price to be too high, 321 Autotal has the right to reject the vehicle without reservation or notice or to remove it from the auction.

1.5. THE AUCTION PROCEDURE

1.5.1 The start and finish of the auction are determined solely by 321 Autotal.

1.5.2 321 Autotal has the right to cancel auctions or change planned auctions without explanation.

1.5.3 321 Autotal has the right to cancel an auction at any time without giving anyone at all the right to any form of compensation. Cancellations can be made both before and during an auction. Completed auctions cannot be rescinded.

1.5.4 321 Autotal can remove a vehicle from an auction at any time without giving others the right to any form of compensation.

1.5.5 321 Autotal can reject or nullify any offer as it sees fit and without prior notice.

1.5.6 The auction consists of two sections: a preliminary auction (auction 1) and a real time auction (auction 2).

1.5.7 During the preliminary auction (auction 1), users can bid freely for a vehicle for a certain period. It is also possible to create a car bid. A car bid determines the maximum price which the buyer wishes to pay for a vehicle. Whenever anyone else makes a bid, the auction system will automatically make the lowest possible bid in accordance with the set price interval with a view to outbidding the other bidder. This happens until the maximum price set by the buyer is exceeded.

1.5.8. During the real time auction (auction 2), users can bid directly against each other for a vehicle. The starting price for the real time auction is based on the highest bid from the preliminary auction.

1.5.9. A car bid created in auction 1 is valid automatically, if necessary, for auction 2.

1.5.10. The sale agreement between the buyer and seller is concluded at the end of the real time auction. The user with the highest bid is declared to be the buyer, if the minimum price set by the seller has been reached.

1.5.11. Disputes about the auction are solved by 321 Autotal discretionally.

1.6 BIDS

1.6.1. Bids are binding on the bidder. The bidder chooses the maximum sum to be bid.

1.6.2. If two or more bids are equal to, or higher than, the minimum price submitted by the seller, the highest bid shall prevail. If bidders make the same bid, the first registered bid is regarded as the highest bid.

1.6.3 Any bid is binding and cannot be reduced or rescinded.

1.6.4 All bids made are registered and published by 321 Autotal for as long as 321 Autotal considers it necessary.

1.6.5 In the event of doubts and/or objections concerning bids, 321 Autotal will make final and binding decisions for all the parties concerned without this giving any party the right to any form of compensation.

1.6.8 As soon as a bidder has made a bid which is equal to, or higher than, the seller’s minimum price, the agreement between the seller and the bidder is binding if it emerges at the end of the auction that the bidder has issued the highest bid. Both parties are obliged to comply with the agreement.

1.6.9. If users reach an agreement among themselves via the 321 Autotal auction or via the 321 Autotal customer service/helpline, this agreement is binding on the users concerned. The buyer is also obliged to pay the agreed price and the seller is obliged to supply the vehicle in question in the described condition on the basis of which the agreement has been concluded.

1.7.SERVICE FEE RULES

1.7.1 If users reach an agreement through the intermediation of 321 Autotal, the buyer and seller are both obliged to pay 321 Autotal a service fee. This obligation remains in force at all events, even if the agreement is not implemented. Users are reminded explicitly that the obligation to pay 321 Autotal the additional service fee remains in force.

1.7.2 The permanent service fee conditions and the terms and conditions of payment can be found in the ‘prices’ section on the 321 Autotal web site. The additional service fee due to 321 Autotal is separate from the sum offered and must be paid directly to 321 Autotal.

1.7.3 The service fee and other additional payments due to 321 Autotal must be paid directly to 321 Autotal. Any kind of adjustment or postponement is not permitted.

1.7.4 The fees and other payments must be paid within 24 hours of the payment request issued by 321 Autotal.
Payment is made via Visa or bank transfer. If payment is made by bank transfer, proof of payment certified by the bank must be sent by fax to +32 51 254 155 within 24 hours.

1.7.5. If the service fee is not paid within a period of 24 hours after the agreement is concluded, 321 Autotal is entitled to:

- default interest of 12%

- compensation consisting of a) a sum of 15% of the invoice amount to cover extrajudicial costs and not less than €50.00 and b) the judicial costs, including court costs (section 1017ff of the Judicial Code – ‘Gerechtelijk Wetboek’)

1.7.6. 321 Autotal has the right to adjust prices for auctions which have not yet started, provided that it has published these changes in the ‘prices’ link.

1.7.7. If the sale does not go through due to the fault of the seller or (potential) buyer, 321 Autotal has the right to charge the party in default a double service fee.

1.7.8. 321 Autotal has the right to withhold the names and details of the buyer and seller until both parties have paid the fees and any other possible payments.

1.8 THE INTANGIBLE RIGHTS OF 321 Autotal

1.8.1 All rights regarding the auction system, including all conditions, stipulations, descriptions, data, processing methods, and know-how belong exclusively to 321 Autotal, as do all copyrights, brands, trademarks, and other intangible rights for and regarding the 321 Autotal auction system.

1.8.2 Copying or reproducing any part whatsoever of the auction web site is strictly prohibited, as is any form of copy and imitation.

1.8.3 Users agree to use the auction system for proper and legitimate purposes only. Any misuse of the system will result in liability and legal proceedings.

1.8.4. The data published on the 321 Autotal web site belongs exclusively to 321 Autotal. Systematic collection or storing of data for commercial purposes which appears on the 321 Autotal web site is strictly prohibited. In particular, users agree not to use robots which collect information from the 321 Autotal database and to report any suspicion of misuse to 321 Autotal immediately.

1.9. LIMITATION OF LIABILITY

1.9.1. 321 Autotal is in no way responsible for either the presented vehicles and their description or the obligations which users have towards each other. In particular, 321 Autotal cannot be held liable (amongst other things) for:

the supply/the collection of the vehicle;

payment of the agreed price;

visible and/or hidden vehicle defects;

an incomplete or incorrect description of the vehicle.

1.9.2. 321 Autotal is not responsible for defects arising as a direct or indirect result of communication errors, incorrect data entry, crashes or disruptions on the Internet, or for faults in the auction system servers or in the hardware and software.

1.9.3. 321 Autotal is under no circumstances liable for consequential loss and indirect losses, including loss of profit, loss of income or business opportunities and loss of data, information, and such like. Furthermore, 321 Autotal cannot be held liable under any circumstances for losses as a result of circumstances beyond its control.

1.9.4. 321 Autotal reserves the right to change the auction system or stop it temporarily or permanently at any time and without prior notice, without giving any other party the right to any form of compensation.

1.9.5. 321 Autotal cannot be held liable if the auction system fails to meet the requirements of a user or if it does not operate permanently, punctually, safely, and faultlessly and the results obtained by the auction system are inaccurate, unreliable, or incomplete.

1.9.6. Anything downloaded from the 321 Autotal auction web site or obtained in any other way via the system is entirely at the user’s own risk. Users bear the sole liability for any form of damage arising from the use or misuse of the auction system.

1.9.7 321 Autotal is not responsible for incorrect or incomplete information, human errors, technical faults, lost or delayed data transmission, interruptions, annulments, defects and faults in the telephone network, computer equipment, software, or any combination of these, or if it is not possible to connect to the web site.

1.9.8 Any possible liability of 321 Autotal is limited to the amount of the service fee which 321 Autotal has received or should have received.

1.9.9. Even if the buyer or seller fails to meet their obligations or if the sales agreement is not implemented for whatever reason, they are still contractually bound to pay 321 Autotal the agreed price for the organisation of the auction and the mediation.

1.10. ACCESS TO THE SYSTEM

1.10.1. A large part of the information on the 321 Autotal web site is updated in real time and is the property of 321 Autotal. All users agree not to use robots, spiders, scrapers, or any other computerised tools to obtain access to the web site for any purpose whatsoever without the explicit written consent of 321 Autotal. In addition, users also agree not to:

- take any action which, in the opinion of 321 Autotal, affects or could affect the 321 Autotal infrastructure unreasonably or out of proportion;

- copy, multiply, change, use for derived work, distribute, or publish any of the content of the web site (apart from their own user data) without the prior explicit written consent of 321 Autotal;

- interfere with, or try to interfere with, the sound operation of the web site or any activities which are carried out on the web site;

- bypass measures taken by 321 Autotal to hinder or limit access to the web site.

1.11. HANDLING PERSONAL DATA - DISCLAIMER

1.11.1 321 Autotal collects personal details for the purposes of registering users on the web site, registering vehicles, and making bids for the vehicles which are for sale. The submitted personal information is entered into a file. The information can be used by 321 Autotal, a division of VHS BVBA, Oude Pittemstraat 23, 8760 Meulebeke, Belgium, and can be shared with contractually bound parties for these ends.

1.11.2. Registered users accept that their personal details will be passed on, where necessary, to the seller or the buyer who has made the highest bid.

1.11.3. Users have the right to access and amend their personal details and have the right free of charge to oppose the processing and transfer of your (their???) details. For this purpose, you can contact 321Autotal, a division of VHS BVBA, Oude Pittemstraat 23, 8760 Meulebeke, Belgium, and quote “person responsible for data processing”.

1.11.4. Users are obliged to submit correct personal details when they register. Users who supply fictitious or false information may be prosecuted for forgery and must accept responsibility for any losses suffered by 321 Autotal as a result.

1.12 COMPETITION BAN

1.12.1. During the period of their registration and up to a period of one year after the cancellation of their registration, all users agree explicitly not to create, open, or make available a similar auction site in a member state of the European Union. A similar auction site means any auction site where users can bid (in real time or otherwise) in one or two rounds for vehicles offered by other users.

1.12.2. In the event of a breach of the above stipulation, the user concerned agrees to compensate 321 Autotal for a sum of €50,000 for the losses suffered. 321 Autotal and VHS BVBA reserve the right, however, to prove and recover the actual losses suffered.

1.13 CONTRACT AND APPLICABLE LAW

1.13.1 The nullity of a stipulation from these general terms and conditions can never result in the nullity of the entire text of the general terms and conditions.

1.13.2. Only Belgian law may be applied to any disputes between 321 Autotal and the users.

1.13.3. Only the courts of the judicial district of Kortrijk are authorised to adjudicate any disputes which may arise between 321 Autotal and a user.

2. THE RELATIONSHIP BETWEEN BUYERS AND SELLERS

2.1.1. 321 Autotal merely provides services as an organiser of Internet auctions for the vehicles registered on the web site and as an intermediary between users of the site (sellers who put their vehicle up for sale and buyers or potential buyers who make a bid). 321 Autotal is not party to the sales agreement which applies solely between the buyer and the seller.

2.1.2. The parties of the sales agreement are obliged to comply with the prevailing legal stipulations and observe their contractual obligations. 321 Autotal cannot under any circumstances be held liable if the parties are in default.

2.1.3. The parties are obliged to deliver the sold vehicle and to pay the agreed price. They must arrange the other stipulations of the agreement between themselves. In the absence of an agreement, the parties are bound by the following terms and conditions.

2.1. THE PARTIES OF THE SALES AGREEMENT

2.1.4. 321 Autotal must be informed if there are any problems between the buyer and the seller.

2.2. OBLIGATIONS OF THE SELLER

2.2.1. The seller is obliged to supply the vehicle in the condition which he or she has described.

2.2.2. The seller is responsible for the accuracy of the vehicle description and the details which he or she has submitted.

2.2.3. The seller is obliged to provide all the necessary vehicle documents and certificates.

2.2.4. The seller must accept responsibility for the loss suffered by the buyer if the condition of the vehicle does not comply with the submitted description. This loss cannot be recovered from 321 Autotal.

2.3. OBLIGATIONS OF THE BUYER – THE BUYER’S RIGHT OF INSPECTION

2.3.1. The buyer is obliged to pay for the vehicle at the agreed price when he or she collects the vehicle.

2.3.2. The buyer is obliged to collect the vehicle within 7 days between 8.00 a.m. and 5.00 p.m. at the address given by the seller at the time of registration, unless they have made alternative arrangements between themselves. The collection is made at a time agreed with the seller.

2.3.3. Before the buyer pays for the vehicle, he or she has the right to check the data and documents provided by the seller (e.g. chassis number).

2.3.4. Before the buyer pays for the vehicle, he or she has the right to inspect the condition of the vehicle. If this does not comply with the description submitted by the seller, the buyer has the right either to ask for a reasonable price reduction or to refuse to buy the vehicle.

2.3.5. The parties are still obliged to pay the 321 Autotal fees, even if the agreement is not implemented.

2.3.6. 321 Autotal must be informed if there are any problems between the buyer and the seller.

2.4. PAYMENT OF THE VEHICLE

2.4.1. The purchase price must be paid in cash or by bank cheque at the time of delivery when the vehicle is handed over.

2.4.2. The seller issues a receipt for the payment made in cash or by cheque.

2.5. APPLICABLE LAW AND DISPUTES

2.5.1. The agreement between the seller and the buyer and any disputes are governed by Belgian law.

2.5.2. Only Belgian Law Courts are authorised to adjudicate any disputes between the buyer and seller among themselves.

2.5.3. 321 Autotal does not intervene in disputes between the buyer and the seller. They must inform 321 Autotal of the dispute(s) so that 321 Autotal can take measures which it deems necessary regarding the registration of the buyer or seller concerned.

2.5.4. Disputes between the buyer and the seller do not detract from the fees or payments to which 321 Autotal is entitled, so these are still due.

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