Last updated 1 January 2020
The website:
CARNET
and the mobile application:
CARNET
(hereinafter collectively referred to as the "Platform")
are an initiative of:
Hebel & Margo
Leuven, Belgium
Company number (KBO/BTW): BE 0735.840.416
E-mail: info@hebelmargo.com
(hereinafter 'Hebel & Margo' )
These general terms and conditions of use (hereinafter referred to as the "TAC") apply to any visit or use of the Platform and its information by an Internet user (hereinafter referred to as the "User").
By visiting or using the Platform, the User acknowledges that he/she has read these GTUs and expressly accepts the rights and obligations set out therein.
Exceptionally, the provisions of the T&Cs may be waived by written agreement. Such waivers may include the amendment, addition or deletion of the provisions to which they relate and shall not affect the application of the other provisions of the T&Cs.
We reserve the right to change our T&Cs at any time and without prior notice, but we undertake to apply the provisions in force at the time you used our Platform.
a. Accessibility and navigation
We take all reasonable and necessary measures to ensure the proper functioning, safety and accessibility of our Platform. However, we cannot offer an absolute guarantee of operation and our actions must therefore be considered to be covered by an obligation of means.
Any use of the Platform is always at the User's own risk. We are therefore not liable for any damage that may result from any malfunctions, interruptions, defects or even harmful elements on the Platform.
We reserve the right to restrict access to the Platform or interrupt its operation at any time, without prior notice.
b. Content
Hebel & Margo largely determines the content of the Platform and takes great care of the information on it. We take all possible measures to keep our Platform as complete, accurate and up-to-date as possible, even when the information about it is provided by third parties. We reserve the right to change, supplement or remove the Platform and its content at any time, without any liability.
Hebel & Margo cannot offer an absolute guarantee regarding the quality of the information on the Platform. As a result, this information may not always be complete, accurate, sufficiently accurate or current. Consequently, Hebel & Margo cannot be held liable for any damage, direct or indirect, that the User may suffer as a result of the information provided on the Platform.
If certain content of the Platform violates the law or the rights of third parties or is contrary to morality, please notify us as soon as possible by e-mail so that we can take appropriate measures.
Any download from the Platform is always at the User's own risk. Hebel & Margo © is not liable for any damages, direct or indirect, resulting from such downloads, such as loss of data or damage to the User's computer system, which are the sole and exclusive responsibility of the User.
c. Sale, Delivery and Payment
In principle, the transaction is concluded as an agreement as soon as the user of the platform has accepted our price proposal. The agreement is then concluded between the user and the bidder, a third party buyer or the platform itself. The telephone calls to discuss our price proposal are recorded digitally. The user of the website explicitly agrees to this before giving an agreement. A telephone agreement is always confirmed by e-mail or SMS. From this point on, the identity of the buyer will also be communicated.
Acceptance of the price proposal by the seller is thus proven by both the digitally recorded telephone conversation and the confirmation e-mail sent by carnet. The electronic files of Carnet serve as full proof in this respect.
The price offer and the transaction may lapse if, upon inspection of the vehicle, it appears that the description of the vehicle does not correspond to the reality and/or if the seller does not have the correct documents to be presented at the time of delivery. The check is done visually, but the buyer can also request a test drive. Damage during the test drive is at the expense of the user, with the exception of traffic violations or proven defects on the part of the buyer.
The non-conformity and/or missing documents are considered as express conditions for cancellation. If necessary, the seller may request a new price offer in accordance with the actual condition of the car.
If at the time of the transaction a lower price proposal is made by the buyer, this can always be refused by the seller at no additional cost.
With the exception of the preceding findings, the parties can no longer cancel an agreement entered into. The seller can then no longer sell the car to a third party and the buyer of the car cannot revert to his offer.
Carnet reserves the right to charge a cancellation fee for the cancelling party. This amounts to 10% of the agreed price, with a minimum of € 250.00 For both the seller and the buyer, the cancellation costs will be collected by Carnet.
The user will contact the buyer within 24 hours after the confirmation of the sale in order to further agree on the delivery.
The transaction must be carried out within fourteen days after the conclusion of the transaction in consultation between the user and the buyer.
Delivery will take place at the agreed place, in principle at the buyer's premises or at a branch of Carnet. Carnet or the buyer arranges the transport for the seller after delivery.
In the event of abandonment, all legal vehicle documents must be handed over to the buyer and the original purchase invoice must be submitted by the user to the buyer for verification of any financing or leasing. The information on the registration certificate must correspond to the identity of the person offering the car.
The purchase price will be paid in full upon delivery, by digital bank transfer, a cash amount in accordance with the legislation, or bank cheque in the presence of the seller.
Delivery and payment will be confirmed on the invoice drawn up in duplicate by the buyer in the name of the user/seller.
The Platform may contain links or hyperlinks to external websites. Such links do not automatically imply that there is a relationship between Hebel & Margo and the external website or even that there is an implicit agreement with the content of these external websites.
Hebel & Margo has no control over external websites.
We are therefore not responsible for the safe and correct operation of the hyperlinks and their final destination. As soon as the user clicks on the hyperlink, he/she leaves the Platform. We can therefore not be held liable for any further damage.
The structuring of the Platform, but also the texts, graphics, images, photographs, sounds, videos, databases, computer applications, etc. of which the Platform is composed or which are accessible via the Platform, are the property of the publisher and as such are protected by the applicable intellectual property laws.
Any representation, reproduction, adaptation or exploitation, in whole or in part, of the content, brands and services offered by the Platform, by any means whatsoever, without the prior, express and written authorisation of the publisher, is strictly prohibited, with the exception of elements expressly designated as royalty-free on the Platform.
The User of the Platform is granted a limited right to access, use and display the Platform and its content. This right is granted on a non-exclusive, non-transferable basis and may only be used for personal and non-commercial purposes. Unless previously agreed otherwise in writing, the User may not modify, reproduce, translate, distribute, sell, sell, communicate to the public, in whole or in part, the protected elements.
The User is prohibited from entering on the Platform any information that would alter or be likely to alter the content or appearance of the Platform.
Hebel & Margo assures users that they attach the greatest importance to the protection of their privacy and personal data, and that it always strives to communicate clearly and transparently in this respect.
The personal data provided by the user during his visit or the use of the platform are collected and processed by Hebel Margo exclusively for internal purposes.
Hebel & Margo undertakes to comply with the applicable legislation in this area, namely the law of 8 December 1992 on the protection of privacy with regard to the processing of personal data and the European Regulation of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
The User's personal data will be processed in accordance with the Privacy Policy available on the Platform.
These CGUs are governed by Belgian law.
In the event of a dispute and in the absence of an amicable settlement, the dispute shall be brought before the courts of the judicial district in which Hebel & Margo has its registered office.
Hebel & Margo © reserves the right to modify, extend, delete, limit or interrupt the Platform and its services at any time, without prior notice and without liability.
In the event of a breach of the TAC by the User, Hebel & Margo © reserves the right to take appropriate sanctions and compensatory measures. Hebel & Margo reserves the right to temporarily or permanently deny the User access to the Platform or our services. These measures may be taken without giving reasons and without prior notice. They may not involve the liability of Hebel & Margo, nor give rise to any form of compensation.
The illegality or total or partial invalidity of any provision of our TAC will not affect the validity and application of the other provisions. In such a case, we shall be entitled to replace the provision with another valid and comparable provision.