Realized on May 24, 2018.
Terms and Conditions Voertuigenonline, registered at the Chamber of Commerce under nummer 68165293.
In these Terms and Conditions, the following terms have the following meanings, unless explicitly stated otherwise.
Terms and Conditions: The terms and conditions mentioned below.
Advertisement(s): A publication by user.
Account: Personal user area to utilize the services of Voertuigenonline.
Company: The User acting in the course of a business or profession.
Consumer: The User not acting in the exercise of a business or profession.
Services: All work, in all form also, that Voertuigenonline has made for the user.
User: The person who has accepted the validity of these terms and conditions and uses the websites.
Command: The commission contract for services.
Agreement: Any agreement between Voertuigenonline and user.
Upgrade: Upgrading of an advertisement and/or extension of an account.
Vehicle(s): Any conveyance that travels across the land.
Voertuigenonline: Advertisement platform for users to buy or sale, rent or hiring all types of vehicles. Voertuigenonline, at the Chamber of Commerce under number 68165293.
Compensation: The financial compensation for the performance of the service, upgrade or assignment with the user agreed.
Website: Voertuigenonline websites: “www.voertuigenonline.nl”, “www.voertuigenonline.com” en “www.voertuigenonline.be”
Article 1 Scope
These terms and conditions apply to every service, contract and agreement concluded between Voertuigenonline and the user, unless these terms and conditions been agreed by letter.These terms and conditions also apply to agreements with Voertuigenonline, the execution of which third parties should be involved.The applicability of any purchase or other terms and conditions of the customer is explicitly rejected.
If it is found that one or more provisions of these terms and conditions are void or avoidable, the terms and conditions remain for all other maintenance. If this situation occurred Voertuigenonline and user in consultation with the aim to agree new provisions to replace the invalid provisions. Deviations from the agreement and terms and conditions are valid only if in writing and expressly agreed with Voertuigenonline.
Article 2 Offers
Offers shall be made by letter and/or electronically, unless emergency circumstances make this impossible.
All offers of Voertuigenonline are free, unless a deadline for acceptance of the offer. If the offer a deadline for acceptance is made void the tender when this period has expired.
Voertuigenonline cannot be held to its offers if the user, in terms of reasonableness and fairness and in society prevailing views, ought to understand that the offer or any part thereof, an obvios mistake or error.
If the acceptance, whether or not on subordinate points from the offer included in the quotation then Voertuigenonline is not bound. The agreement may not be concluded in accordance with said deviating acceptance, unless Voertuigenonline indicates otherwise.
A compound quotation Voertuigenonline to execute a portion of the contract at a corresponding part of the price.
Offers shall not apply automatically to future orders or reorders.
Article 3 Conclusion and duration contract
The agreement will be concluded through the timely acceptance by the user of the offer of Voertuigenonline.
The agreement is for an indefinite period, unless the kind of the agreement otherwise resulting or of the parties have expressly agreed otherwise by letter.
Article 4 Account
The user has the option to create an account for free indefinitely. Voertuigenonline offers two account types. Individual user can create a normal account and busisness user can create a business account.
Each business account will be verified at chamber of commerce. In case of deviations Voertuigenonline try to contact user. With no response Voertuigenonline can block the account directly.
The user can anytime terminate immediately by written the account. User can send Voertuigenonline an request by email. In this case there will be no compensation and/or settlement.
Article 5 Intermediary
Voertuigenonline is an advertisement platform where supply and demand of the various services are brought together in the vehicles industry. The user can place on Voertuigenonline advertisements which the user offering different services.
Voertuigenonline do not guarantee in any way that advertisement placed by the user will be sold.
If a user purchases a vehicle through Voertuigenonline websites, there is an agreement between the users created. Voertuigenonline is never involved in the realization of this agreement.
Voeruigenonline is never responsible and liable for the realization of the agreement between the users. Voertuigenonline also never liable for damages that users have suffered as a result of the agreement.
Article 6 Registration
To use Voertuigenonline services, the user need to create an account for free.
The user hereby must enter his personal information.
The user manages his account and should organize it.
The user can any time terminate the account. In this case there will be no compensation or settlement.
Minors at all times require the express consent of his parent or guardian.
It is not allowed to provide the login details to third parties and/ or to use the credentials of third. Voertuigenonline will never ask user for credentials.
Voertuigenonline is never responsible or liable for content and/or information posted on the profile page of the user.
Article 7 Placing advertisements
The user place on his account by him/her prepared advertisement on Voertuigenonline websites.
Placing an advertisement is free (in accordance account limit).
The user can upgrade an advertisement and/or upgrade account limit . Voertuigenonline brings for these services charge. When buying an upgrade, the user agrees to take away the right of withdrawal.
Article 8 Content advertisements
Voertuigenonline is not responsible for the content and information of the advertisement. The user is responsible for the correctness, completeness and and legality of the content and information of the advertisement.
The user guarantees that the information provided to him and the content of the ads is accurate, complete and not unlawful.
Users can only post vehicle(s) advertisements on Voertuigenonline. It is not allowed to place other advertisements on Voertuigenonline websites.
Voertuigenonline has the right to refuse any advertisement, block and / or remove the websites without giving reasons. Third parties can ask Voertuigenonline to remove an advertisement from the website. Voertuigenonline refuses, blocks, and / or at least remove an advertisement if:
• Advertisements in conflict with the law;
• The advertisement has a pornographic, sexually explicit or refers to a location with a pornographic content;
• The advertisement has a violent nature or referring to a location with violent content;
• Advertisement discriminates by race, gender, political affiliation, religion or belief;
• The advertisement contains malware and / or viruses or refers to websites and / or digital sources with malware and / or viruses;
• The advertisement encourages illegal activities, promote or recommend;
• The advertisement with the purpose of ethics, layout, style or design does not fit the website;
• Acts in violation of these Terms and Conditions.
The user accepts the possibility that an advertisement can be refused and/or block away.
Article 10 Performance agreement
Voertuigenonline will execute the agreement to the best of its ability and in accordance with the requirements of good workmanship.
Voertuigenonline has the right to have certain work done by third parties. The application of Article 7: 404, 7: 407 paragraph 2 and 7: 409 of the Civil Code is explicitly excluded.
Voertuigenonline has the right to implement the convention in stages.
If the agreement is executed in phases, Voertuigenonline has the right to invoice each part separately and carried to demand payment. If and as long as this bill is not paid by the user, Voertuigenonline is not required to implement the next stage and it has the right to suspend the agreement.
If the Agreement is executed in phases, Voertuigenonline has the right to the implementation of those parts to the next phase or phases should suspend until the user the results of the preceding stage in writing.
User timely provided all the information or instructions necessary for the execution of the agreement or which the user can reasonably understand that these are necessary for the implementation of the agreement on Voertuigenonline.
If the previous data and instructions are not supplied in time, Voertuigenonline has the right to suspend the execution of the agreement. The additional costs incurred by the delay shall be borne by the user.
Article 11 Compensation
The Compensation and / or rates denominated in Euro, including VAT and other government levies, unless otherwise indicated.
The fee includes administration costs, unless otherwise indicated.
All additional costs, Voertuigenonline time for the conclusion of the agreement required to declare to the user or provide data on which these costs can be calculated by the user.
Article 12 Execution times
If the implementation of certain services agreed or given a term, then that term only indicative and never be regarded as a deadline.
If Voertuigenonline data or instructions needs of the user, which are necessary after the user has provided these vehicles to line up for the execution of the service, captures the execution time.
Whenever a time limit exceeded, the user of Voertuigenonline giving written notice, whereby Voertuigenonline will still be afforded a reasonable period to implement the service.
Article 13 Payment
Payment will be made by the user by means of payment designated by Voertuigenonline or through transfer to a bank account designated by Voertuigenonline and save offered or agreed.
Payment must be made in advance.
If payment is done afterwards, payment must be made within 14 days after the invoice date, in a way to indicate Voertuigenonline mode and in the currency of the invoice, unless otherwise agreed.
The user is not authorized to bring it owed any amount due to a counterclaim that he may make.
Voertuigenonline and the customer may agree that payment in term is proportional to the progress of the work. If payment is agreed upon, the user has to pay according to the terms and percentages as laid down in the Agreement.
Objections to the amount of the bill to suspend the payment obligation.
After the expiry of 14 days after the invoice date, the user, without notice, by operation of law in default. The user is from the moment of default on the amount due an interest of 2% per month, unless the statutory interest rate is higher.
In case of bankruptcy, moratorium or receivership, the claims of Voertuigenonline and the obligations of the user towards Voertuigenonline immediately payable.
Article 14 Collection cost
If the user is in default or omission in the (timely) fulfilment of its obligations, then all reasonable costs incurred in obtaining payment out of court on behalf of the user. In any case, due to the user collection costs.
Regarding the extra judicial (collection) costs, Voertuigenonline right from the user to the statutory maximum allowable fee as stipulated in the Decree on compensation for extra judicial (collection) costs.
Voertuigenonline is only entitled to compensation for extra judicial (collection) costs, after Voertuigenonline the user entering the omission and has sent a reminder to pay the outstanding invoice within 14 days.
Regarding the extra judicial (collection) costs has Voertuigenonline notwithstanding section 6:96 paragraph 5 of the civil code and the decree on compensation for extra judicial costs, to a reimbursement of 15% of the total outstanding principal amount with a minimum of € 90 for each invoice that is not fully or partially met.
Any reasonable court costs and execution costs are also borne by the user.
Article 15 Suspension
If the user an obligation under the agreement, not fully or timely comply, Voertuigenonline has the right to suspend the fulfilment of the corresponding obligation. In case of partial or non-proper performance suspension is allowed only to the extent that the shortcoming justifies it.
Furthermore, Voertuigenonline is authorized to suspend the fulfilment of the obligations if:
• After the conclusion of the agreement Voertuigenonline circumstances to come knowledge which give good reason to fear that the customer will not fulfill his obligations;
• User at the conclusion of the agreement was requested to provide security for the fulfilment of its obligations under the agreement and security fails or is insufficient;
• Circumstances arise of such nature that fulfilment of the agreement is impossible or unaltered maintenance of the agreement not reasonably Voertuigenonline can be expected.
Voertuigenonline reserves the right to claim damages.
Article 16 Disintegration
If the user any obligation under the agreement does not, not completely, not timely or properly, Voertuigenonline is entitled to terminate the agreement with immediate effect, unless given its minor shortcoming does not justify the dissolution.
Furthermore Voertuigenonline is entitled to terminate the agreement with immediate effect, if:
• Came after the conclusion of the agreement Voertuigenonline aware of circumstances that give good reason to fear that the Customer will not fulfil its obligations;
• User at the conclusion of the agreement was requested to provide security for the fulfilment of its obligations under the agreement and security fails or is insufficient;
• The delay on the part of the user no longer Voertuigenonline can be expected that he will fulfil the agreement against the originally agreed conditions;
• Circumstances arise of such nature that fulfilment of the contract impossible or unaltered maintenance of the agreement not reasonably Voertuigenonline can be expected;
• The user in a state of bankruptcy, a request for suspension of submitting payment, to use the debt calls on individuals, faced with a seizure of all or part of its property;
• User is placed under guardianship;
• User dies;
Dissolution shall be effected by notice in writing without judicial intervention.
If the agreement is terminated, Voertuigenonline claims the user due immediately.
If Voertuigenonline the contract under the previous land dissolves, Voertuigenonline is not liable for any costs or damages.
If the dissolution is attributable to the user, the user is liable for the damage suffered by Voertuigenonline.
Article 17 Ascedancy
A shortcoming cannot be attributed to Voertuigenonline or the user, since the failure is not due to his fault or by law, legal act or generally accepted for its account in traffic. In this case, the parties are not obliged to fulfil the obligations arising under the Agreement.
Force majeure is defined in this agreement is in addition to what is included in this area in the law and jurisprudence, all external causes, foreseen or unforeseen, which Voertuigenonline control and which Voertuigenonline is unable to meet the obligations.
If force majeure circumstances considered: strike, lockout, fire, flood, natural disaster or other external perils, mobilization, war, traffic barriers, blockades, import or export restrictions or other government measures, interruption or delay in the supply of raw materials or machinery , lack of labor, as well as any conditions which the normal course is hampered in the company as a result of which should not be required of the user’s performance of the agreement Voertuigenonline reasonably.
Voertuigenonline also has the right to invoke force majeure if the circumstance which prevents (further) fulfilment of the agreement occurs after vehicle line should have fulfilled his obligation.
In case of force majeure, the parties are not obliged to continue the agreement or liable for any damages.
Voertuigenonline and the user both can during the period that the force majeure its obligations under the agreement, suspend in whole or in part. If this period lasts longer than two months, both parties are entitled to the agreement with immediate effect, by written notice, without court intervention, without which the parties may claim any compensation
If the situation of force majeure is temporary, Voertuigenonline reserves the right to suspend the agreed performance for the duration of the force majeure. In the event of permanent force majeure, both parties are entitled to dissolve the agreement extra judicially.
If Voertuigenonline at the time of the occurrence of force majeure its obligations has been partially fulfilled under the agreement or will be fulfilling, and to fulfil or to be an independent value after, Voertuigenonline is entitled to separately the part already performed or to be performed billing. The user is obliged to pay this invoice as if it were a separate agreement.
Article 18 Liability
The execution of the assignment is entirely at the risk and responsibility of the user. Voertuigenonline is liable only for direct damages caused by gross negligence or intent of Voertuigenonline. Direct damage should only be understood as:
* material damage to the property of the Client;
* reasonable costs incurred by the Client to determine the liability and (the extent of the direct) damage;
* reasonable costs, which the Client has reasonably made, and could reasonably and could make, to prevent or limit the damage, insofar as the Client demonstrates that these costs have led to a limitation of the direct damage;
* reasonable costs, which the Client has reasonably incurred in order to obtain satisfaction out of court, as referred to in Section 6:96 (2) (c) of the Dutch Civil Code.
Voertuigenonline is never liable for indirect damage, which in any event including consequential damages, lost profits, lost savings, business interruption or non-material damages of the user.
Voertuigenonline is not liable for damages of any kind, because Voertuigenonline is incorrect and / or incomplete data provided by the user, unless such inaccuracy or incompleteness Voertuigenonline should have been aware.
Voertuigenonline is not liable for mutilation, destruction, theft or loss of data or documents.
If Voertuigenonline is liable for any damage, liability Voertuigenonline is limited to the amount which gives insurance claim Voertuigenonline connected by, plus the deductible that Voertuigenonline bear in accordance with the insurance.
The user should the damages for which Voertuigenonline can be held responsible as soon as possible, but in any case within 10 days to report the occurrence of the damage to Voertuigenonline, all this under penalty of forfeiture of any right to compensation for any such damage.
Any liability claim against Voertuigenonline due within one year after the user has become known to the harmful event or this could reasonably have known.
The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence of Voertuigenonline or his senior subordinates.
Article 19 Safeguard
The user shall indemnify Voertuigenonline for any claims by third parties who suffer in connection with the execution of the agreement and damage attributable to the user.
If Voertuigenonline in that respect should be addressed by third parties, the user is obliged Voertuigenonline both stand outside and in court. All costs and damages on the part of Voertuigenonline and third parties will continue at the expense and risk of the user.
Article 20 Limitation
For all claims against Voertuigenonline and apply through Voertuigenonline (possibly) third parties engaged shall, notwithstanding the statutory limitation periods, a limitation period of one year.
Article 21 Limitation
Voertuigenonline reserves the rights and powers for which he is entitled under the Copyright and other intellectual laws and regulations. Voertuigenonline reserves the right to use any of the execution of the work increased knowledge for other purposes, provided that no confidential information is disclosed to third parties.
Article 22 Secrecy
Both Voertuigenonline as the user are required to exercise during the term and after termination of the agreement, the confidentiality of all facts and details of the company for which he or she knows or can reasonably suspect that they are confidential. This obligation includes any information of employees, customers, users, and other relationships which have been taken pursuant to the assignment knowledge.
Article 23 Privacy and Cookies
The data and information that the User provides to Voertuigenonline, will keep carefully and confidentially. Voertuigenonline acts in accordance with the AVG which is effective from May 25, 2018. Voertuigenonline will keep a register of processing activities on the basis of the AVG. The User has the right to inspect, right to correction and the right to removal of the personal data transferred. When visiting our website, Voertuigenonline may collect information from the User about the use of the website by means of cookies. The information that Voertuigenonline collects through cookies can be used for functional and analytical purposes. Voertuigenonline may only use the personal data of the User in the context of the fulfillment of its delivery obligation or the handling of a complaint. Voertuigenonline may only use the personal data of the User for necessary specific purposes. Voertuigenonline is not permitted to lend, rent, sell or in any way make public the personal data of the User. Voertuigenonline will not keep the personal data longer than necessary.
The User agrees that Voertuigenonline approaches the User for statistical research or customer satisfaction surveys. If the User does not want to be approached for research, the User can make this known.
Article 24 Newsletter
The user can subscribe to the newsletter. The newsletter keeps the user informed about the latest news and the latest developments. Users receive the newsletter by email. The user can any time unsubscribe by writing an email.
Article 25 Change terms and conditions
Voertuigenonline has the right to unilaterally change these terms and conditions. Changes will also apply to contracts already concluded. Voertuigenonline send the user an e-mail to notify you of the changes. The changes to the terms and conditions will be after thirty days after the user has been informed of the changes take effect. If the user does not agree with the announced changes, the user has the right to remove or terminate the agreement of the account.
Article 26 Support and Maintenance
Voertuigenonline is available to support user queries regarding the use of the website. User can use the contact page to contact Voertuigenonline. Voertuigenonline reserves the right to temporarily out of use of the website for maintenance and / or carrying out improvements. Voeruigenonline is not liable for damages and usability of the website during maintenance. Voertuigenonline will endeavour to carry out maintenance at low user traffic or at night.
Article 27 Applicable law and disputes
On relations with all legal Voertuigenonline party is exclusively Dutch law. This applies even if a contract wholly or partially executed abroad or if the user is domiciled abroad.
The applicability of the CISG is excluded.
Changes in management or legal form will not affect the agreement.
Article 28 Final provision
If after reading these terms and conditions would like a copy, questions, complaints or comments you can contacts Voertuigenonline.