GENERAL TERMS & CONDITIONS APPLICABLE TO THE PUBLIC SALES OF USED CARS ORGANISED BY S.A. D'IETEREN LEASE N.V.
1. Object, nature and frequency of sales
S.A. D'Ieteren Lease N.V. organises public sales of used cars, mostly of the makes of the Volkswagen Group, to professional buyers, either in the form of auctions organised at the rate of one or two sessions per week outside of public holiday periods (Christmas, Easter), or in the form of sales at a set price. These sales are governed by the present General Conditions, to which candidate buyers have to adhere explicitly before participating to any sale.
The vehicles sold at the auction are awarded to the highest bidder, if necessary with an option to a higher bid, without prejudice to the possible setting up of a reserve price by the seller, whereas the vehicles sold at a set price are allocated to the first candidate buyer who submits an offer at this price.
The vehicles for sale can be seen on the website www.vdfinremarketing.be.
2. Introduction of offers by candidate buyers
Offers can be submitted by post, e-mail or directly on the website www.vdfinremarketing.be. Each offer must be submitted by a representative authorized to represent & bind the prospective purchaser’s company in a valid manner.
For the vehicles sold at the auction, the offers must reach the seller at the latest at 9am on the day of the sale.
The offers have to contain the information below :
a) for offers introduced on paper or by e-mail:
- Name, registered address and VAT-number of the candidate buyer
- Address and country of invoicing
- Position number of the vehicle in the list
- Make, model and type of the vehicle concerned
- Price offered exclusive VAT
b) for offers introduced on the site www.vdfinremarketing.be :
- Price offered exclusive VAT.
3. Order confirmation
The prospective purchasers whose quotations have been accepted will be informed by the seller of the allocation to them of the vehicle (s) concerned by sending an order confirmation for the vehicle (s) concerned; this confirmation will be sent by mail, at the latest on the working day after the sale. Failure to receive an order confirmation within this period implies non-allocation of the vehicle concerned to the prospective purchaser.
Any confirmed quotation is irrevocable; if the buyer refuses to take delivery of the vehicle (s), the seller can either compel him by law to take delivery of the vehicle (s), or demand compensation in exchange for termination of the sale in return at 5% of the agreed price with a minimum of 200 euros per vehicle.
The order confirmation states the details of the vehicle as well as the agreed price, excluding VAT; the date of this confirmation is the start date of the collection period stated in Article 4 (4).
4. Delivery against payment " Transfer of ownership
The allocated vehicle is delivered to the buyer and the ownership of the vehicle is transferred to him, subject to the fulfilment of all of the following cumulative conditions :
a. Advance payment of the agreed price in the order confirmation, by (international) transfer with credit on account; the transfer must be made via the professional account of the buyer / company as stated on the order confirmation ;
b. Payment of any penalties for late collection or refusal to collect and / or resale related to past allocations;
c. For sales outside the EC, advance payment of a VAT guarantee, corresponding to 21% of the agreed price;
d. For sales outside Belgium, the submission of a probatory document proving the organization of the transport of the vehicle at the buyer's initiative, such as CMR, international merchant plate, bill of lading.
For sales outside the EC, the return of the customs document (EX1) stamped by the last customs post crossed on the territory of the European Union will allow the refund of the VAT-guarantee.
For the avoidance of doubt, it is stressed that the buyer who does not meet all conditions set out in paragraph 1 will not be allowed to take delivery of the allocated vehicle, which remains the property of the seller.
Each assigned vehicle must be collected by the buyer within 21 calendar days of the date of dispatch of the order confirmation, subject to the conditions set out in paragraph 1. In order to expedite the collection formalities, the buyers are advised to inform the seller as soon as possible of the possible collection date of the vehicle (s) concerned.
5. Transportation of the vehicle
The buyer acknowledges having received an order from the seller with regard to organizing the transport of the vehicle (s) allocated to him. He undertakes not to transfer the organization of the transport to a third party, to whom he would resell the vehicle (s) concerned at a later stage.
6. Transfer of risk
The risks of any kind associated with an assigned vehicle are transferred to the buyer at the nearest time: either the transfer of ownership to the buyer in accordance with Article 4, paragraph 1, or the expiry of the collection period referred to in Article 4, paragraph 4.
7. Guarantees
The vehicles are sold in their current condition and functioning state, well known by the buyer, without any other guarantees and in particular without guarantees regarding hidden defects on the part of the seller other than those to which the latter, if applicable, held is under Belgian law according to public policy provisions.
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8. Default of taking delivery within the contractual term Storage costs are offered for each confirmed quotation, for a period of 21 calendar days from the date of confirmation of the quotation, in accordance with art. 3 and 4 al. 4 above. After this period, parking costs will be charged to the buyer for a fixed fee of € 7 excl. VAT per vehicle & per started day. If the collection has not taken place within a calendar month after the end of the contractual period, an additional fixed fee of 60 euros per vehicle can be charged. And this without prejudice to the possibility on the part of the seller to recover the amount of the costs and / or damage actually suffered after legal proceedings. Moreover, if a buyer does not take delivery of a vehicle within 2 calendar months from the date of order confirmation, the seller is authorized, after sending by registered letter of a reminder that has been ineffective for 10 calendar days, to consider the sale to be automatically dissolved. and to put the vehicle up for sale again at the buyer's expense. These costs, fixed at a flat rate of 5% of the agreed price, are for the account of the buyer without prejudice to the fines and other costs for which he would be liable on the basis of these general terms and conditions. |
9. Invoicing
Assigning a vehicle gives rise to the sending of the order confirmation referred to in Article 3, paragraph 1 and to the issuance of an invoice, if necessary preceded by a pro forma invoice, to be paid at the latest upon collection of the vehicle. Payment must be made by (international) transfer to bank account 001-8460963-20, IBAN: BE28 0018 4609 6320, Swift: GEBABEBB36A, opened in the name of S.A. D'Ieteren Lease N.V. in the books of Fortis Bank, stating the delivery batch number or the chassis number of the vehicle concerned.
The invoices concerning the fines and costs to be paid by the buyer under the General Terms and Conditions are drawn up monthly and are payable by transfer to the account referred to in paragraph 1, stating the invoice number.
10. Notifications
Any notification to S.A. D'Ieteren Lease N.V. regarding the application of these General Terms and Conditions must be drawn up for the attention of the following persons and addresses:
- By post : VDFin Used Cars Remarketing, Leuvensesteenweg 679, B-3071 Kortenberg
- By e-mail : remarketing@vdfin.be
11. Data protection
Personal data relating to the identification of the (prospective) buyers are processed by S.A. D'Ieteren Lease N.V., Leuvensesteenweg 679, 3071 Kortenberg for the purpose of the exercise of the activity of Used Cars Remarketing. They can be communicated to other companies of the D'Ieteren group. The (prospective) buyers are entitled to have access to these data and have them corrected, and this in accordance with the notice information available on https://www.vdfin.be/loginnl/nl/footer/privacy-notice.aspx https://www.vdfin.be/loginfr/fr/footer/privacy-notice.aspx
12. Miscellaneous
If one of the provisions of the present General Terms and Conditions is considered invalid or has no purpose, it will be considered as not being written and will in no way result in the nullification of the other provisions.
The fact that the seller does not apply some of the clauses in these General Terms and Conditions drawn up to his advantage cannot be interpreted as a waiver by himself to invoke them.
The general conditions that appear on the documents of the buyer are not enforceable against the seller.
The photocopies and electronic mails, prepared by the parties regarding the transactions governed by these General Terms and Conditions, will serve as evidence and will have the same evidential value as the originals.
13. Applicable law & competent courts
These General Terms and Conditions are exclusively governed by Belgian law and must be interpreted in accordance with this legislation. Any dispute regarding the application or interpretation of these terms and conditions that cannot be settled amicably between the parties will be brought before the courts of Brussels.
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