Terms and conditions

General conditions

The website myCar.be is offered to you by myCar.be BVBA, with legal seat on Koning Albert I-laan 84 in Brugge Sint-Michiels (8200), listed in the trade register in Brugge under number BE0848.648.375.

myCar.be applies two types of general conditions, being:

1. The general sales and warranty conditions for vehicles and appurtenances (classic sales).
2. The general sales and warranty conditions for the sale at a distance of vehicles. Sale at a distance implies that parties make use exclusively of one or more techniques for communication at a distance until and including the moment when the agreement is concluded, that is, without any contemporaneous presence of trader and consumer (sale at a distance).

1) The general sales and warranty conditions for vehicles and appurtenances (traditional sale)

1. Applicable provisions

The sales agreement is governed by the law, by the special provisions on the front and by the underlying general conditions, including the description of the vehicle, the contents of which the buyer acknowledges to have taken cognisance of and to accept.

2. Financing

In case the buyer relies on financing, he must accordingly inform the seller and he will state this on the order form. If the financing is not obtained, the sale is considered not to have existed and the buyer will be entitled to the refund of such down payment as may have been made, under the following conditions:

the buyer must notify the seller by registered mail within 7 days after the signing of the order form of the rejection of the financing;

the written proof of this rejection will be transmitted within one month following the signing of the order form to the seller.

In that case, the down payment will be immediately refunded to the buyer. If the proof is not transmitted within the term indicated above, the seller is entitled to the compensation as stipulated in article 3, paragraph 4 below.

3. Delivery date

The delivery term is at least two weeks. The seller will to the extent possible indicate the final date for delivery on the order form. Barring unforeseen circumstances, it will be observed, with a maximum deviation of 50% of the foreseen delivery term, counted from the day after the signing of the order form.

If the seller does not deliver the vehicle on the established date or if the buyer refuses to accept the vehicle on this date against full payment, the injured party will declare the other party in default by registered mail, with the request to fulfil their obligations within fifteen days following the sending of this letter. Failing fulfilment, the injured party may demand by registered mail either implementation of the agreement or consider the agreement as immediately and legally rescinded. In case of rescission of the sale, the injured party will be entitled to a lump-sum compensation of 5% of the established price, with a minimum of €250. In the context of a sale with VAT applied to the margin, the calculation of 5% over the amount of VAT is applied including the margin. From the moment of serving of the rescission of the sale, the seller has at his disposal the vehicle for the benefit of a third party and the buyer can address another seller.

4. Place of Delivery

Delivery of the vehicle takes place at the place of establishment of the seller, unless established otherwise in writing.

5. Warranty for sale to private persons (consumers)

5.1 The provisions of the civil code regarding the disclaimers for hidden defects or, in the event the buyer is a natural person acting for purposes which are not connected with his professional activity or his commercial activity, the legal provisions regarding the sales of consumer goods to consumers, confer statutory rights to the buyer. The current warranty leaves unaffected those rights. The seller as identified on the order form is only liable for the warranty, barring the manufacturer’s warranty. It is exclusively applicable, without prejudice to the provisions of article 5.6 below, if the defect has manifested itself on the territory of the European Union, including Switzerland and the princedoms of Andorra, Liechtenstein or Monaco and if the vehicle is located on Belgian territory at the moment when the buyer demands intervention of the seller with regard to the application of the warranty. The current warranty is only concluded for the benefit of the buyer and is not transferable.

5.2 The seller guarantees that the vehicle corresponds with the order and is ready for use.

5.3 The visible defects of which the buyer was aware or could have been aware at the moment of delivery in the absence of protest by the buyer are considered as accepted through the simple fact of delivery.

5.4 It is emphatically established between parties that, barring written statement on the front of the order form whereby a longer warranty period is granted to the buyer, the intervention of the seller with regard to warranty for second-hand vehicles and for those already registered is limited to a duration of 12 months following delivery. For new vehicles and those not yet registered the warranty period amounts to 24 months following delivery. For each hidden defect which manifests itself within the first six months after delivery, the restoral or replacement of the vehicle is covered by the following warranty: the buyer has the right to demand the repair of the vehicle from the seller, unless such a repair would be technically impossible or it would prove to be disproportional with respect to the value of the vehicle and the gravity of the defect, taking into account the depreciation of value of the vehicle as a consequence of its use and the duration thereof, as well as the mileage accumulated by the buyer. Each defect which manifests itself within the first six months after delivery is considered, barring proof to the contrary by the seller, is considered to have existed already at the moment of delivery. After expiry of this first period of six months, the buyer retains his rights to the same warranty if he proves that the hidden defects which manifested themselves during the warranty already existed at the time of delivery. Under no circumstance will the buyer be able to demand rescission of the agreement if the defect he invokes is of minor importance.

5.5 Each repair must be carried out within a reasonable term and without any disturbance to the buyer.

5.6 The works carried out under warranty must be conducted at the workshop of the seller or at a workshop designated by him. On condition of the previous written consent of the seller, the buyer may have the repair carried out at another workshop, unless this warranty is offered by the manufacturer of the brand and at their expense.

5.7 The warranty does not cover the servicing, the tuning, tyre pressure and other preparations required for the regular use of the vehicle, nor the parts and components which are normally replaced upon servicing as prescribed by the manufacturer. The warranty does not cover the normal wear of the vehicle. The warranty cannot be invoked by the buyer if the defect can be attributed to abnormal use of the vehicle, to negligence or accident, or to a lack of maintenance or poor maintenance by the buyer or in the event that the instructions for use or the manual are not observed, nor in case the vehicle was transformed or used – barring the emphatic specification on the order form by the buyer and the acceptance of the seller – in a competitive context or for rallies, nor if it was used as a taxi service or with the purpose of delivering mail or emergency shipments or for any other commercial application, nor in case repairs or works on the vehicle were carried out by third parties. The intervention under the warranty of the seller depends on the use of the vehicle as a good caretaker and on respect for the instructions for use provided by the manufacturer.

5.8 The buyer wishing to invoke the warranty must notify the seller within the shortest possible notice from the moment on which the buyer establishes the defects or should have established them, and in any case within 48 hours.

5.9 The buyer commits himself to do everything which is necessary to not let deteriorate the damage, if necessary by not using the vehicle. In case of negligence this deterioration will be taken into account to determine the degree of intervention on the part of the seller.

5.10 The liability of the seller for damage caused by a defect to the sold vehicle is stipulated by general legislation.

6. Transfer of property and risk

The transfer of property only takes place at the moment of the integral settlement of the purchase price to the seller. The risks regarding the vehicle and other sold goods are borne by the buyer from the moment of their delivery.

7. Payment

The total price or the balance thereof are paid by bank cheque or bank transfer prior to delivery or prior to the established delivery date, barring an emphatically deviating provision.

The vehicles or other sold goods or services remain the property of the seller until full settlement of the price. Barring deviating undertaking, delivery is only conducted after the integral payment to the account of the seller.

In case of late payment of the invoice, the buyer will legally owe and without any default notice, a default interest of 10% per year, plus a conventional compensation of damage in the amount of 10% over the invoice price, with a minimum of €250.

8. Takeover of a vehicle

In case the order form indicates the takeover of a vehicle belonging to the buyer, then the takeover depends on the delivery of the vehicle which is the object of the present sale, as well as on the proof that the buyer is the proprietor of the vehicle to be taken over and can freely dispose of it. The buyer must also demonstrate that all obligations regarding the possible financing have been fulfilled and that the vehicle is not the object of any type of attachment. The value of the vehicle to be taken over, as established upon the order of the vehicle which is the object of the present agreement, is definitive to the extent the condition of the vehicle at the moment of delivery by buyer corresponds with its description as stated on the order form or on a document which is an integral part of this order form.

9. Disputes

In case of a dispute, the seller and the buyer commit themselves to do their utmost to reach an amicable settlement.

10. Applicable law and competent courts

The underlying sales contract and warranty agreement are governed by Belgian legislation and only the courts of the place of establishment of MyCar.be BVBA are competent to hear the disputes regarding the interpretation and implementation of this agreement.

11. Right of revocation and the manner of exercise in case of sale at a distance

For consumers who choose to purchase the goods at a distance, which implies that parties make exclusive use of one or more techniques for communication at a distance until and including the moment on which the agreement is concluded, the specific sales and warranty conditions for sale at a distance apply.

12. Privacy policy

myCar.be acknowledges the importance of privacy. The Consumer can find more information about the privacy policy under Privacy at the bottom of the website or through the following link https:// mycar.be/nl/privacy The Consumer accepts this policy.

2) The general ales and warranty conditions for the sale to consumers of second-hand vehicles at a distance

The aforementioned general sales and warranty conditions for vehicles and appurtenances are always applicable, barring the extent to which the following specific conditions for sale at a distance deviate from them.

1. General conditions

The following conditions are applicable to all activities between the consumer and myCar.be BVBA.

In the context of these general conditions, the terms below are defined as follows:

• General Conditions: the underlying conditions and all their supplements or collateral effects;
• Reservation: the consumer has the possibility to reserve a vehicle through the web shop. The effective purchase and processing of paperwork subsequently takes place at a physical showroom or through means of communication at a distance. The cost of the reservation is refunded to the extent the consumer does not wish to proceed with the purchase.
• Consumer: a user of the web shop who proceeds with the reservation and/or the purchase of one or more items and who has reached the age of 18;
• myCar.be: myCar.be BVBA, corporation with legal seat in 8200 SintMichiels Brugge on Koning Albert I-laan 84 and listed in the trade register BRUGGE under the number BE0848.648.375. This is the legal entity offering the consumer the products or services at a distance.
• Delivery: Transfer of the Item to the Consumer. This delivery will always take place at the physical address of a myCar.be dealer, at the option of the consumer, unless established otherwise.
• Web shop: collection of associated web pages. The web shop is accessible through the URL http://www.mycar.be and is exploited by myCar.be. Through the Web shop, the possibility is offered of reserving a vehicle. The General Conditions provide for the safety and the contractual relationship between the consumer and myCar.be. When the consumer reserves and/or purchases vehicles in the Web shop, he confirms to have read and accepted the general user conditions. These conditions are applicable in the event the consumer consults the Web shop inside or outside Belgium.

2. Correctness of the information

Through the Web shop, myCar.be sells new vehicles, second-hand vehicles, and old-timers (in the following referred to as “Item” or the “Items”).

Information about the Items, the pricing and general information on on-line shopping is subject to changes and corrections. myCar.be does its utmost to let communications transpire as correctly and transparently as possible. In case there is any incorrect, incomplete, or obsolete information anywhere, then the necessary modifications will be applied as soon as possible, without explicitly informing the consumers accordingly.

The indicated technical specifications of Items and the displayed pictures are not binding, but only count as approximations and are only communicated by myCar.be as an indication. The colours of Items we indicate are always displayed as accurately as possible but are not binding and are therefore only communicated as an indication. myCar.be does not guarantee that every screen of a PC, tablet, or phone displays the hue identically or that the hue cannot deviate upon delivery of the Item.

3. On-line reservation

Through the web shop, consumers can reserve vehicles against payment.

If the consumer has chosen to pay by bank transfer, he will also immediately receive the payment details from the payment partner Mollie.

If the consumer has already made the payment, he will receive an e-mail in confirmation.

All reservations are dependent on possible fluctuations in stock. If an Item is not available, myCar.be will inform the consumer and myCar.be will have the right to cancel the reservation.

To the extent the consumer withdraws the reservation within … days, the reservation charges will be refunded to the consumer.

myCar.be reserves itself the right to cancel the reservation in the following cases:

• In case the reservation price is not paid within 5 days after reservation.
• In the event the consumer remains impossible to reach until 7 days after the reservation and payment of the reservation price through the contact details submitted by him (address, telephone, e-mail, ...) and myCar.be therefore cannot obtain any reaction to further process the order within another 7 days.
• In case of force majeure.

4. On-line ordering

After the reservation has been completed, the consumer receives an e-mail from myCar.be with an order confirmation and the summary of the order.

Along with this e-mail, the consumer receives, besides a summary of the Order, the underlying General Conditions yet again.

The sale only takes place after the signing by the consumer and the transmission of an order form to myCar.be.

myCar.be reserves itself the right to cancel the Sale in the following cases:

• In case of a serious suspicion of abuse of rights or bad faith on the part of a Consumer;
• In the event an Item is no longer in stock or available;

• In case it is established that an invalid offer was made;

• In case of force majeure.

5. Price

All prices in the Web shop are inclusive of VAT and inclusive of the legally mandatory equipment and delivery costs. The currency is always EUR. Traffic taxes, taxes for commissioning, the cost of financing, extra accessories and all types of insurances are not included in the price.

In case of a technical error regarding the representation of the price, myCar.be will only be bound if the proposed price could be expected as reasonable for the Item in case. The consumer will be informed as soon as possible. The consumer can in such case cancel the Order free of charges within 14 days after the consumer has been informed regarding the wrong representation.

6. Payment

Orders must first be paid in full before the Items can be picked up.

A reservation and order through the Web shop can be processed by the consumer through various payment methods: PayPal, bank cards (Bancontact, Mister Cash), iDEAL,

QR code or – within 5 calendar days – through bank transfer. As well as through all other options proposed by out payment partner Mollie B.V.

myCar.be reserves itself the right to exclude certain payment methods, based on the information which is provided by the consumer.

Payment for purchases through the Web shop transpire through an on-line payment platform. To maximise the security of payments, myCar.be requires a digital signature of the consumer during the payment process.

Has payment failed?

In that case, the Order is automatically cancelled. If the consumer still wishes to receive the Items, the consumer orders them again and takes care of a correctly executed payment.

Promotional codes and vouchers

If the consumer has a means of payment in the form of a voucher (e.g. cheque for 20 euros), then the consumer can only validate these in the physical showroom where this voucher was handed out and after a check for the validity and authenticity by myCar.be BVBA. This voucher is then deducted from the payable total amount. A maximum of one voucher issued by myCar.be BVBA can be accepted per purchased car.

Invoice

For every purchased car, the customer automatically receives an invoice and he can always request it in case he has not received it. In case the consumer wants to receive a duplicate, he can contact myCar.be by e-mail through administratie@myCar.be within 3 business days after receipt of payment.

7. Countries where delivery takes place and delivery limitations

myCar.be delivers items in Belgium. In Belgium, the items must be picked up from an official myCar.be sales point. Consumers who live abroad can have the item delivered to a myCar.be sales point of their choice, or after arrangement with myCar.be have the car delivered to another address, whereby the consumer guarantees to take care of the necessary transport costs and possible taxes.

8. Delivery

Items purchased through the web shop are only delivered in a physical myCar.be sales point at the option of the customer, unless established otherwise.

The Delivery will, to the extent possible, take place within 14 days after receipt of the Payment. myCar.be will carry out the Sale with due speed, though no later than within 30 days, unless a longer delivery term has been agreed.

If the Delivery is delayed or if a Sale cannot or can only partially be implemented, the consumer is accordingly informed no later than one month after the Sale was concluded. The consumer has the right in such case to rescind the Sale without any costs for either party.

In case of rescission pursuant to the preceding section, myCar.be will refund the amount which the consumer has paid as soon as possible, though in any case within 14 days following rescission. This after deduction of the costs already incurred for introducing the car to traffic (check-up, certification, accessories...).

9. Damaged item or wrong delivery

The risk of damaging and/or missing of Items until the moment of Delivery to the consumer lies with myCar.be, unless it is emphatically established otherwise.

Immediately upon receipt, the consumer inspects the Items for defects, damaging, or wrong delivery. If the delivered Item is not in conformity with the ordered Item, the consumer can appeal to the Right of Revocation, as stipulated below in Article 10.

10. Right of Revocation and return procedure

Right of Revocation in case of the delivery of products:

The consumer has 14 calendar days, following receipt of the Item, of time to exercise the Right of Revocation without paying a fine and without stating grounds.

If he exercises his right of revocation, the consumer will return the Items with all supplied accessories and in their original state and packaging to myCar.be, in accordance with the instructions supplied by myCar.be.

The exercise of the right of revocation by the consumer is only possible under the following strict conditions.

• During the revocation term, the consumer will handle the good diligently and he will only use the good to the extent it is necessary to be able to assess whether he wishes to keep the good. This implies the use for a maximum of 100 kilometres for cars with more than 1000 kilometres on the odometer, and a maximum of 50 kilometres for cars with less than 1000 kilometres on the odometer.
• Upon resending goods, the costs thereof as well as all concomitant costs are borne by the consumer. The consumer thereby bears all charges and taxes for registration, certification, commissioning and traffic taxes.

If the consumer has paid an amount, MyCar.be BVBA will refund that amount as soon as possible, though no later than within 30 days after their returning or revocation.

11. Force majeure

In case of force majeure, myCar.be is not bound to observe its obligations towards the consumer, or the obligation is suspended respectively, for the duration of the situation of force majeure.

By force majeure is intended any circumstance occurring outside the volition or control of myCar.be, as a result of which myCar.be is prevented from completely or partially fulfilling its obligations towards the consumer, such as, without this listing being exhaustive: flooding, fire, strikes, lock-out, transport issues, re-calls of the manufacturer of the car and the issuing of laws.

In case of force majeure, myCar.be has the right to alter the term of Delivery of the ordered Items and if the Delivery of the Items has become impossible or unreasonably onerous to cancel it, without being bound to pay compensation for damages.

12. Warranty and limitation of liability

Use of the Web shop

myCar.be is not responsible for the uninterrupted availability of or access to the Web shop, malfunctions depending on the computer system, viruses or other inconveniences in the widest sense of the term which could arise as a consequence of the use of the Web shop.

Legal warranty

1. The provisions of the civil code regarding the disclaimer for hidden defects or, if the buyer is a natural person acting for purposes which are not connected with his professional activity or his commercial activity, the legal provisions regarding the sales of consumer goods to consumers, confer statutory rights to the buyer. The current warranty leaves unaffected those rights. The seller alone, as identified on the order form, is liable for the warranty, barring the manufacturer warranty. It is only effective, without prejudice to the provisions of article 5.6 below, if the defect has manifested itself in the territory of the European Union, also including Switzerland and the princedoms of Andorra, Liechtenstein or Monaco and if the vehicle is located on Belgian territory at the moment when the buyer demands intervention from the seller with regard to the application of the warranty. The current warranty is only concluded for the benefit of the buyer and is not transferable.
2. The seller guarantees that the vehicle corresponds with the order and is ready to use.
3. The visible defects the buyer was aware of or could have been aware of at the moment of delivery are considered, in the absence of protest on the part of the buyer, as accepted through the simple fact of the delivery.
4. It is emphatically established between parties that, barring the written statement on the front of the order form whereby a more extended warranty period is granted to the buyer, the intervention of the seller with regard to the warranty for second-hand vehicles and those already registered, is limited to a duration of 12 months from delivery onwards. For new vehicles and vehicles which have not yet been registered, the warranty term amounts to 24 months from the moment of delivery. For every hidden defect which manifests itself within the first six months after delivery, the repair or replacement of the vehicle is covered by the following warranty: the buyer has the right to demand restoral of the vehicle from the seller, unless such restoral would be technically impossible or would not be proportional with respect to the value of the vehicle and the gravity of the defect, taking into account the depreciation of value of the vehicle depending on the use of the car and the duration thereof, as well as the mileage accumulated by the buyer. Any defect which manifests itself within the first six months following delivery is considered, barring proof to the contrary presented by the seller, to have been in existence already at the moment of delivery. After expiry of this first period of six months, the buyer retains his rights to the same warranty if he demonstrates that the hidden defects which manifested themselves before the warranty were already in existence at the time of delivery. Under no circumstance will the buyer be able to demand rescission of the agreement if the defect he invokes is of minor importance.
5. Each repair must be conducted within a reasonable term and without serious disturbance for the buyer.
6. The works carried out under warranty must be conducted at the workshop of the seller or at a workshop designated by him. On condition of the previous written consent of the seller, the buyer may have the repair carried out at another workshop, unless this warranty is offered by the manufacturer of the brand and at their expense.
7. The warranty does not cover the servicing, the tuning, tyre pressure and other preparations required for the regular use of the vehicle, nor the parts and components which are normally replaced upon servicing as prescribed by the manufacturer. The warranty does not cover the normal wear of the vehicle. The warranty cannot be invoked by the buyer if the defect can be attributed to abnormal use of the vehicle, to negligence or accident, or to a lack of maintenance or poor maintenance by the buyer or in the event that the instructions for use or the manual are not observed, nor in case the vehicle was transformed or used – barring the emphatic specification on the order form by the buyer and the acceptance of the seller – in a competitive context or for rally’s, nor if it was used as a taxi service or with the purpose of delivering mail or emergency shipments or for any other commercial application, nor in case repairs or works on the vehicle were carried out by third parties. The intervention under the warranty of the seller depends on the use of the vehicle as a good caretaker and on respect for the instructions for use provided by the manufacturer.
8. The buyer wishing to invoke the warranty must notify the seller within the shortest possible notice from the moment on which the buyer establishes the defects or should have established them, and in any case within 48 hours.
9. The buyer commits himself to do whatever is necessary not to worsen the damage, if necessary by not using the vehicle. In case of negligence, this deterioration will be taken into account to determine the extent of the intervention by the seller.
10. The liability of the seller for damage caused by a defect of the sold vehicle is governed by general legislation.

Use of the Items

myCar.be is not responsible for the loss or material or other damage, of whatever nature, which the consumer or a third party were to incur upon the use of the Items.

Delivery and other exclusions

myCar.be cannot be held accountable for non-compliance with any term whatsoever, as all terms are purely indicative without any obligation falling to myCar.be, nor for any damage which it would cause by their error or negligence, even in the event of a grave error. Any consequential damage or any other damage whatsoever which cannot be foreseen by one of the parties at the moment of conclusion of the sale agreement is excluded from compensation.

The full liability of myCar.be will never exceed the purchase price of the Item in question.

13. References to other websites

References to other websites through the Web shop is purely informative. Exclusively and only with the explicit consent of myCar.be can information stated on the Web shop be used elsewhere.

14. Intellectual property right

By Intellectual Property Rights are intended: all intellectual, industrial and other property rights (regardless of whether they are registered or not), including though not limited to: commercial brands and copyrights on www.myCar.be are the exclusive property of myCar.be. Any use of www.myCar.be or its contents, including the complete or partial copying or storing of such content otherwise than for own, personal and non-commercial use is prohibited without the previous consent of myCar.be.

Information and suggestions which are communicated can be applied and processed by myCar.be non-committally and without remuneration, for the further optimization of the Web shop.

15. Privacy policy

myCar.be acknowledges the importance of privacy. The consumer can find more information about the privacy policy under Privacy at the bottom of the website or through the following link https://mycar.be/nl/privacy The consumer accepts this policy.

16. Legislation

Disputes regarding the conclusion, the validity, interpretation or implementation of the contract or of the present General Conditions are exclusively governed by Belgian legislation and fall under the exclusive competence of the courts of law of the district where myCar.be bvba or the partner of myCar.be where the good was purchased/delivered is established. All parties accept electronic proof within the context of their relations (for instance: e-mail, backups...).

In case one of the present articles are declared void or are not applicable, the other conditions nevertheless remain fully effective and this clause will be applicable to the extent permitted by the law.

17. Complaints

If the Consumer has a complaint about an Item, he contacts myCar.be by telephone or through klantendienst@mycar.be The Consumer will indicate with the greatest possible detail what the substance of the complaint is and (if necessary) attaches a picture of the (damaged) item. myCar.be reviews the complaint as soon as possible and will further contact the Consumer.

Besides the internal complaints procedure of the web shop, you can always refer to BeCommerce.

18. Conclusion

These conditions replace all earlier conditions.

For all questions, comments, or technical issues with regard to the Web shop, the Consumer must contact us by e-mail at klantendienst@myCar.be

These General Conditions were updated last on 04/12/2018