Conditions of use (03/19/2024 version)

II – CONDITIONS OF USE OF THE FASTBACK TRADE MARKETPLACE & THE B2B SALES MODULE (03/19/2024 version)

1. The present terms and conditions of use form an integral part of the contract and supplement the general terms and conditions known and accepted by the customer, hereinafter also referred to as the “user”.

2. The customer or user refers to both the “seller” and the “buyer” of vehicles.

3. As soon as the user publishes or lists at least one offer using the B2B Sales module on the FASTBACK TRADE marketplace, these terms and conditions of use and the general terms and conditions, of which they form part, shall be considered to have been automatically approved without reservation.

4. The present conditions may be modified at any time by FASTBACK. However, only the most recent terms and conditions known to and accepted by the user shall apply. The most recent version will be available on our website www.fastback.be.

Criteria for registration on the Marketplace

5. Only VAT-registered professional car users are authorised to register on the Marketplace.

How the Marketplace works

6. FASTBACK TRADE is a marketplace that enables users to publish, view and list vehicle offers via the Sales B2B module.

7. Vehicles are offered Excl. VAT (Htva in French) or inclusive of all taxes (TTC in French), depending on whether the vehicle is for professional or private use. In the case of an intra-Community sale, or an “export” sale, in order to be able to benefit from a price exclusive of VAT, for eligible vehicles, the buyer is informed that the transport must be carried out by a transport company duly authorised to draw up all the necessary documents.

Where applicable, the seller may issue an invoice without the application of VAT and request payment of a deposit equal to the amount of VAT to be paid in the seller’s country of residence, without this being contested by the buyer. On receipt of the necessary proof and documents, the amount of the deposit will be refunded to the buyer.

8. Each vehicle must be described as fully as possible by the seller (technical data, equipment, any damage, etc.) and must be accompanied by photographs showing the general appearance of the vehicle and any areas of damage.

If any damage or technical or mechanical problems are identified on the vehicle, they must be entered in the “damage” tab. A photograph of the damage alone is not enough, and the buyer may refuse the vehicle if the damage is not described in the “damage” tab.

The publication of any vehicle on the Marketplace, without the prior consent of the owner is strictly prohibited. The publication of photos that do not match the vehicle (photos from catalogs or online ads) is also not allowed.

Prior to publication, the seller must ensure that the origin of the vehicles is legal. It is therefore forbidden to offer vehicles whose chassis number (VIN ) has been erased or modified, as well as vehicles whose official documents are missing or incomplete.

In this case, Fastback retains the right to cancel the contract with immediate effect.

At the time of collection, the Buyer should therefore take into account that the vehicle may show signs of use and/or slight damage inherent to the age and mileage of the vehicle.

The impact on the value of the vehicle due to the damage must be considerable (in other words, a scratch or damage that can be reduced by mechanical means (e.g. polishing, buffing, etc.) is not considered a valid reason for refusing the vehicle.

9. A vehicle is published for a maximum of 7 days. As long as no offer has been made by a buyer for the vehicle offered, the vehicle may be withdrawn from sale and from the marketplace.

10. If the seller is not yet in possession of the vehicle, the sale shall be concluded under the suspensive condition that the vehicle will be collected by the seller from its owner. If a vehicle has not been confirmed to a buyer via the Marketplace, it may be withdrawn from sale if the vehicle owner so decides, even if an offer has already been made on the marketplace.

No compensation whatsoever may be claimed in the event of an unconfirmed offer by the seller following a withdrawal from sale by the vehicle owner for whatever reason.

11. As a result of the double confirmation, a user may not claim to have made any error when submitting an offer for a vehicle. In the event that the user has made a mistake regarding the value of the vehicle, it is his duty to contact the dealer within the hour (1 hour), by e-mail, in order to notify him of the mistake and to find a possible arrangement with the dealer.

12. Users of the marketplace will be kept informed of the progress of each listing via their interface or by e-mail.

13. In the case of a trade-in of a vehicle to its owner by the seller, a trade-in agreement between the seller and the vehicle owner must be drawn up.

14. Confirmation of the offer must be sent to the buyer making the highest offer within 28 days of publication of the offer. Once this period has elapsed, the seller will no longer be able to confirm the trade-in of the vehicle to the buyer, thereby releasing the latter from his obligation to purchase.

15. Confirmation of the availability of a vehicle by any means other than the Sales B2B module (Messenger, WhatsApp, e-mail, telephone call, etc.) will not be valid and will not initiate the vehicle collection period.

16. Unless otherwise agreed with the seller, the buyer has a maximum of 14 days from the date of notification that the vehicle is available at the seller’s premises via the Sales B2B module to pay for and take possession of the vehicle. Otherwise, the vehicle may be put back up for sale if the seller so wishes, and the sale will be regarded as null and void.

17. If the vehicle is returned to the seller’s premises before the planned availability date, the buyer is not obliged, after receiving notification of the vehicle availability, to pay and take possession of the vehicle before the availability date specified in the offer.

18. In the B2B Sales module, the seller must indicate the effective pick-up date, the final price of the transaction, and rate the quality of the transaction.

19. If a vehicle returns with more mechanical or bodywork damage than envisaged, the seller must immediately notify the buyer via the platform’s messaging system.

20. Via the Marketplace, the buyer has the option of appointing an independent expert (SGS) to verify the vehicle’s conformity with the appraisal sent by the seller. This independent appraisal will be invoiced at €169 excluding VAT and will be performed within five days of the request. The appraisal is based solely on the Renta standard. This expert appraisal will determine whether the damage should be regarded as acceptable or unacceptable. This standard does not take into account the mechanical aspect of the vehicle. The appraisal will only be possible for vehicles with a transaction price above €5.000€

21. From 15 days before the announced availability date, the seller must confirm to the buyer whether the date will be respected or modified.

A change to the availability date of less than 30 days or 15%* will be deemed tacitly accepted by the buyer and will not entitle the buyer to refuse the vehicle.

* The higher number of days will be taken into account.

Example 1: Offer published on 1 March for availability date on 30 June, i.e. 121 days. Maximum delay accepted = 121*15%=18,15 i.e 19 days. The delay is less than 30 days.

The maximum availability can therefore be changed by the seller without the buyer having the right to refuse until 30 June + 30 days, i.e. 30 July.

Example 2: Offer published on 1 March for availability date on 30 October, i.e. 243 days. Maximum delay accepted = 243*15%= 36,45 i.e 37 days.

The maximum availability can therefore be changed by the seller without the buyer having the right to refuse until October 30 + 37 days, December 06..

In the event of a delay in availability of more than 15% (with a minimum of 30 days), the buyer may accept the new availability date, propose a new price to the seller or refuse the vehicle. The seller receiving a new proposal may accept, refuse or negotiate using the menu displayed on the platform.

If there is no agreement between the seller and the buyer, if the vehicle has arrived at the seller’s premises with a delay of more than 15%, (with a minimum of 30 days), than the time indicated by the seller, the buyer may refuse to take delivery of the vehicle, without having to pay compensation.

If the buyer fails to express a refusal or a request for negotiation within 8 days of receiving notification of a delay in availability of more than 15%, (with a minimum of 30 days), by means of the menu displayed on the platform, the modification of the delivery date or the new selling price proposed by the seller will be deemed to have been tacitly refused by the buyer.

22. From 15 days before the announced availability date, the seller must confirm to the buyer whether the kilometres indicated on publication of the offer will be respected or changed. A difference in kilometres of up to 5000 km must in this case be accepted by the buyer.

In the event of a difference in the kilometres of more than 5000 km, the buyer may propose a new price, which the seller may accept, refuse or negotiate via the menu displayed on the platform.

If the seller and the buyer cannot reach an agreement, if the vehicle has arrived at the seller’s premises with a difference in kilometres of more than 5000 km compared to the kilometres indicated in the offer by the seller, the buyer may refuse to take delivery of the vehicle, without having to pay compensation.

If the buyer does not refuse the offer or request negotiation within 8 days after seller proposals, via the menu displayed on the platform, the modification of mileage will be considered as tacitly refused by the buyer.

23. The seller’s attention is drawn to the fact that the confirmation of offers received from buyers shall entail the conclusion of a sales contract with these buyers, and means that the seller is obliged to deliver the vehicle sold. With the exception of the case provided for in article 10, or in the event of theft or total write-off as evidenced in particular by a complaint to the police or a declaration of loss to an insurance company, the seller is no longer able to cancel the offer confirmed to the buyer.

24. Any complaint must be made at the latest upon collection of the vehicle by the buyer via the ASSISTANCE button on the Trade module.

If the buyer uses a transport company, the buyer can check the vehicle’s conformity before collection, by requesting an appraisal from SGS.

Whatever the method of collection, no further claims can be made once the vehicle has been collected by the buyer.

25. In the case that the vehicle has not been collected due to a disagreement regarding the conformity of the vehicle with the appraisal sent by the seller, the FASTBACK helpdesk must be notified within 24 hours via the ASSISTANCE button on the Trade module.

If the helpdesk is unable to facilitate an agreement, it reserves the right, depending on the mileage and age of the vehicle, to appoint an independent expert (SGS) to verify the vehicle’s conformity with the appraisal sent by the seller, in accordance with article 20.

In such cases, the 14-day collection period will be suspended until the Helpdesk has taken a decision on the report by SGS.

FASTBACK MARKETPLACE BE will invoice the user in default for inspection costs, amounting to €199 excluding VAT. In the event of default on the part of the seller, the latter will be liable to the buyer for travel expenses, upon presentation of receipts, up to a maximum amount of €250

In the event that the Helpdesk confirms the non-conformity of the vehicle, the buyer will have the option of withdrawing from the sale without costs and may not claim the 10% compensation for loss suffered as specified in article 35.

Buyer Service fees

26. For each sale concluded between a seller and a buyer, the latter will pay FASTBACK MARKETPLACE BE a service fee of €50 excluding VAT.

For “LITE” buyers, an additional fee of €29 per vehicle will be charged to cover the cost of using the TRADE platform without subscription. This supplement will be added to the monthly invoice issued by FASTBACK MARKETPLACE BE

27. In the case that the buyer does not collect a confirmed and notified vehicle, except in the cases provided for in Art 21 & 22, and in the case of a non-conformity of the vehicle confirmed by the parties and/or the Helpdesk, Art 25, the buyer will pay FASTBACK MARKETPLACE BE a service fee of €50 excluding VAT.

The service fees will be payable to FASTBACK MARKETPLACE BE and must be paid within 15 days of the issue of a monthly invoice giving details of the vehicles collected or cancelled by the buyer during the previous month.

28. The percentage and amount of the above-mentioned fees may be revised on 1 January of each new calendar year, for a period of 12 months, provided the user is notified at least three months before the expiry date.

Payment default

29. In the event of non-payment on the due date of an invoice from FASTBACK MARKETPLACE BE, access to the FASTBACK TRADE marketplace or the B2B Sales module will be automatically suspended or limited pending full payment of the overdue invoices.

Commitment and liability

30. FASTBACK cannot be held liable in the event of a dispute between users for whatever reason. FASTBACK only provides the technical tools that facilitate sales and purchases between users of the marketplace.

31. FASTBACK is not responsible for the description of the vehicles on the marketplace and the conformity thereof with the description provided by the seller. FASTBACK cannot be held liable for any misuse of the Trade Marketplace and B2B Sales module by the user, or for any errors made by the user.

FASTBACK guarantees the conformity and updating of standard documents made available to customers (trade-in agreement, purchase order, purchase slip, etc.) but is not responsible for updating personalised or specific documents added at the request of customers.

Under no circumstances FASTBACK can be held responsible for the content of specific documents added by customers.

32. FASTBACK reserves the right to immediately disable access to publishing on the TRADE Marketplace for any user who has posted a clearly and deliberately inaccurate description of the vehicle, or who has in any way misled another user with a view to obtaining an offer and concluding a sale.

33. FASTBACK may in any event disable access to the marketplace for any person who in any way contravenes current legislation or the provisions of the general terms and conditions and these terms and conditions of use.

34. The buyer undertakes to compensate the seller for any loss suffered by the latter as a result of failing to collect the vehicle, except: in the event that the delivery deadline or kilometres are exceeded, as specified in Articles 21 and 22, and in the case of non-conformity of the vehicle confirmed by the parties and/or the Helpdesk, Article 25 of the CU.

This compensation is set at a flat rate of 10% of the price of the vehicle, with a minimum of €250, depending on its VAT status.

The time limit and terms of payment for invoices issued shall be those set out in the seller’s GTC. In the case of non-payment, the Fastback Help Desk may be contacted 30 days after the invoice has been issued.

35. The seller undertakes to compensate the buyer for any loss incurred by the latter as a result of the non-execution of a confirmed sale, except: due to theft, total write-off or cancellation by the customer of their order for the new car, following postponement / cancellation by the manufacturer, as well as in the event of Force Majeure as defined in article 31 of the GC and in the case of non-conformity of the vehicle confirmed by the parties and/or the Helpdesk, Article 25 of the CU.

This compensation is set at a fixed amount of €250.

The time limit and terms of payment for invoices issued shall be those set out in the buyer’s GTC. In the case of non-payment, the Fastback Help Desk may be contacted 30 days after the invoice has been issued.

35 bis. In the case of non-execution of the confirmed sale, except in the cases described in article 35, the seller will pay FASTBACK MARKETPLACE BE a mediation fee of €50.

The mediation fee will be payable to FASTBACK MARKETPLACE BE by the seller as soon as the vehicle is declared abandoned, and must be paid within 15 days of the issue of a monthly invoice.

The mediation fee will be payable to FASTBACK MARKETPLACE BE by the seller as soon as the vehicle is declared abandoned, and must be paid within 15 days of the issue of a monthly invoice.

36. Users wishing to claim payment of compensation as provided for above must contact the FASTBACK helpdesk in order to initiate the claims procedure within 10 days of making the claim to the helpdesk.

37. If a user has not taken any action on a listing for more than twelve months (12), FASTBACK has the right to delete the listing from its database, and the user is responsible for re-entering the information they wish to appear in the listing.

38. FASTBACK cannot be held liable for missing and/or incomplete documents included in offers and appraisals, and shall not intervene in the process of retrieving or modifying documents.

Rating

39. For each completed transaction, each user is rated by the other users via a series of 5 questions. The latter will also be asked to give a score from 1 to 10, with a score of 10 being an excellent opinion and a score of 1 to a very poor opinion.

FASTBACK reserves the right to immediately withdraw access to and/or the posting of vehicles to the FASTBACK TRADE marketplace from any user who has an average rating of less than 3 stars.

In addition, if a user’s rating falls below 3 stars, FASTBACK may decide not to renew the user’s subscription on the expiry date.

40. If the buyer with fewer than 3 stars is the highest bidder, they will lose their priority and the seller may choose the second-highest bidder.

Confirmation rate

41. Confirmation rate refers to the ratio between offers published by a seller and offers confirmed to buyers.

42. The confirmation rate must be maintained at an average of over 20% calculated over a 12-month contract period. If a seller fails to maintain this rate over the reference period, FASTBACK reserves the right not to renew the contract on its expiry date and to terminate the contract on that date without having to give prior notice.

Conversion rate

43.The conversion rate is the ratio between the vehicles declared delivered and the number of vehicles abandoned during the month by the seller (excluding the conditions set out in articles 31 of the GC and 35 of the CU).

The calculation is therefore as follows:

Number of vehicles declared delivered = 40,

Number of vehicles abandoned = 2;

Calculation of the conversion rate is: 40/(40+2)= 95%.

The conversion rate must be maintained at an average of over 90% calculated over a 12-month contract period. If a seller fails to maintain this rate over the reference period, FASTBACK reserves the right not to renew the contract on its expiry date and to terminate the contract on that date without having to give prior notice.

Database

44. Each user of the FASTBACK TRADE marketplace and B2B Sales Module has access to the entire FASTBACK database, which contains the contact information of all users registered on the marketplace. Each user is obliged to update their invoicing details and any other information required to ensure the smooth running of transactions.

45. Under no circumstances does FASTBACK accept responsibility or guarantee the accuracy or reliability of the information stated in the database, which is purely the result of information provided by users.

46. Users cannot hold FASTBACK liable in the event that the information contained in the database is incorrect, or in the event that a dispute of whatever nature arises between users of the marketplace.

47. In any event, the seller remains the sole owner of the information they encode, such as the contact details of their customers and the vehicles offered for sale. Under no circumstances will FASTBACK or any other person be able to use this data, which is solely intended to facilitate the use of the marketplace and the sale of vehicles to users.