This translation serves for informational purposes only. The official and legally binding version of the document is the English version. In case of any discrepancies, the English version shall prevail.
General Terms and Conditions
1. PREAMBLE
These General Terms and Conditions (hereinafter referred to as 'GT&C') exclusively determine the rights and obligations of the Parties to a contract for the sale of goods (hereinafter referred to as the 'Contract'), such as – but not limited to – cars, via the platform located at www.eCarsTrade.com (hereinafter referred to as 'eCarsTrade').
These GT&C contain binding provisions that apply to the use of eCarsTrade in general and to orders placed through eCarsTrade in particular.
By accessing or consulting eCarsTrade, or by placing a bid via eCarsTrade, the User unconditionally agrees to each of the terms and conditions set forth herein.
By ordering any type of good that is offered on eCarsTrade, prior consultation and express acceptance of GT&C by the User is presupposed. These GT&C consequently apply in any event to every sale of goods performed through eCarsTrade. The relevant Group Company reserves the right to change these GT&C at any time without notice to the User by announcing changes online. The continued use of eCarsTrade after the posting of the changes constitutes acceptance of the amended GT&C.
Any different terms or conditions than those set out in these GT&C or the Contract are herewith objected to and do not apply, except in case of prior, express and written acceptance by the relevant Group Company.
2. DEFINITIONS
2.1 Group Company: any legal entity that is part of the eCarsTrade group and acts as the contracting party with the User under the Contract. The specific details of the contracting Group Company (name, legal form, registered office, VAT number, bank details) are set out in the applicable country-specific appendix.
2.2 Identification of the relevant Group Company: The Group Company that acts as counterparty in a specific transaction is indicated on each car's page on ecarstrade.com and is additionally shown on the proforma invoice and the invoice for that transaction.
2.3 eCarsTrade: the online platform for business-to-business transactions located at www.eCarsTrade.com and operated by the Group. Access may be granted to various categories of professional clients on terms defined by the relevant Group Company.
2.4 Client: Every professional trader or company officially active in the automotive industry, as well as other professional traders approved by the relevant Group Company. Clients must hold valid company registration and the legal capacity to conclude contracts with the relevant Group Company.
2.5 Professional trader (individual): an individual acting in a professional capacity and purchasing Goods exclusively for business purposes, confirming their status as a professional market participant when registering and using eCarsTrade.
2.6 User: Every Client with an active eCarsTrade account.
2.7 Order: A request or a bid by the User to conclude the Contract with the relevant Group Company in relation to one or more goods offered through eCarsTrade.
2.8 Ascending-bid auction: Sale of goods by auction within a certain time interval.
2.9 Bid: Every binding offer by the User to conclude the Contract with the relevant Group Company.
2.10 Blind auction: A procedure in which the User has the possibility to conclude the Contract with the relevant Group Company by way of tender.
2.11 Tender: a formal offer to conclude the Contract following the blind auction procedure.
2.12 Goods: Every new or second-hand car(s) or other goods offered for sale through eCarsTrade, whether by tender, fixed price or auction.
2.13 Parties: The relevant Group Company and the User.
2.14 Electronic bill: Every document or notice, electronically drafted by the relevant Group Company and containing an obligation to pay for the User.
3. CLIENT
3.1 Every Client has the possibility to register as a User on eCarsTrade. Registration is mandatory to place a valid order. Registration is free of charge. The registration procedure provides the User with a User Name and a Password, resulting in the creation of an eCarsTrade account.
3.2 eCarsTrade’s automated registration systems are considered proof of the content and date of registration.
3.3 Access to eCarsTrade via registration is strictly personal and confidential. The Client must provide accurate information during the registration procedure. The User is bound not to disclose login credentials to third parties and must prevent any misuse by third parties.
3.4 If the User suspects that third parties have gained unauthorized access to their eCarsTrade account, the User shall inform the relevant Group Company without delay. The relevant Group Company reserves the right to suspend or terminate the registration in cases of improper, unlawful, or fraudulent use and may claim damages for losses suffered.
3.5 The relevant Group Company is not liable for misuse of the User’s credentials.
3.6 All information the Client provides to the relevant Group Company during registration is binding. The relevant Group Company cannot be held liable for inaccuracies in information provided by the Client.
3.7 The relevant Group Company may require payment of a security deposit as a condition of access to transactions on eCarsTrade. Notification of the need to pay the deposit, its amount, and due date shall appear in the User’s account. The amount and number of deposits may vary depending on the User’s profile and use of eCarsTrade. eCarsTrade may decide, at its sole discretion, which Group Company collects and holds a User's security deposit. To facilitate the User's buying experience, eCarsTrade may decide, at its sole discretion, to allow a User to access transactions with another Group Company than the Group Company that collected and holds the User's security deposit.
3.8 The amount of the security deposit will be returned to the User, subject to full performance of obligations under the Contract, within 20 (twenty) business days from the date of receipt of the User’s request, except as provided under clause 3.9.
3.9 If the User has been inactive for more than 6 (six) months (meaning no login to their eCarsTrade account or no acquisition of Goods), the User authorizes the relevant Group Company to subordinate the security deposit behind all other creditors (including, but not limited to banks, investment funds, public and private lenders). These subordinated deposits shall carry no interest. By not logging in and/or not acquiring Goods for more than 6 (six) months, the User confirms this right and that no interest is due. Furthermore, if the User has not logged in for 2 (two) years, the security deposit is irrevocably forfeited to the relevant Group Company.
4. ASCENDING-BID AUCTION
4.1 The relevant Group Company enables Users to buy one or more Goods by auction. Every User has the right to place a bid as long as the bidding window is open. The User receives a confirmation notification from the relevant Group Company within three working days after closure of the bidding window. The Contract is concluded upon receipt of this confirmation.
4.2 Every bid is expressed in Euro, exclusive of VAT. Administrative costs and commission fees are borne by the User.
4.3 Every bid by the User is binding and irrevocable. The User cannot revoke the bid, unless with prior and written consent by the relevant Group Company.
4.4 The relevant Group Company has the right, at its sole discretion and without obligation to provide reasons, to refuse a bid, for example if it suspects that the bid was invalid or fraudulent. The relevant Group Company is under no duty to inform the User in such case.
5. BLIND AUCTION
5.1 The User can buy one or more Goods by submitting a tender. The User may submit one or more specific tenders for one or more Goods.
5.2 Every tender is expressed in Euro, exclusive of VAT. Administrative costs and commission fees are borne by the User.
5.3 The relevant Group Company is under no obligation to accept a tender submitted by the User. If the relevant Group Company accepts the tender, the Contract is concluded.
5.4 Every tender is binding and irrevocable. The User cannot revoke the tender, unless with prior and written consent by the relevant Group Company.
5.5 The relevant Group Company has the right, at its sole discretion and without obligation to provide reasons, to refuse a tender, for example if it suspects that the tender was invalid or fraudulent. The relevant Group Company is under no duty to inform the User in such case.
6. PRICE
6.1 Prices to be paid by the User under the Contract are expressed in Euro and exclusive of VAT. Prices for additional services listed are exclusive of shipping costs and are subject to change.
6.2 Taxes, duties, and/or charges of any nature, relating to the Goods delivered or their delivery — including those introduced after the conclusion of the Contract — are fully borne by the User.
6.3 All banking and currency exchange charges are exclusively borne by the User.
7. PAYMENT
7.1 Upon conclusion of the Contract between the User and the relevant Group Company, the User must pay the full price within the applicable term of payment and to the bank account specified on the proforma invoice. The User must pay: (i) the price of the Good; (ii) any VAT due; (iii) administrative costs and commission fees; and (iv) any extra costs for optional services. Payment is accepted only via bank transfer.
7.2 For compliance reasons, the relevant Group Company accepts payment only from a bank account in the same name and address as the Client’s official registered details, as provided during registration. At its sole discretion and without the Client’s right to appeal, any payment from a different account may either: (a) be refunded to the originating account, in which case the relevant Group Company may withhold part of the payment as a deposit until full payment is received from an acceptable account; or (b) be accepted after additional details are provided and approved by the relevant Group Company.
7.3 Billing and all related payment notifications (including late payment notifications) are provided electronically in the User’s eCarsTrade account. The User must take all precautionary measures regarding the receipt and safekeeping of the electronic bill and related notifications.
7.4 The User may request a physical copy of the bill. An additional cost of 30 (thirty) Euro will be charged by the relevant Group Company.
7.5 In case of late payment (starting from the 7th day after the end of the term of payment), the User must pay a fee of 0.075% of the value of the Goods (exclusive of VAT), with a minimum of 10 (ten) Euro multiplied by the number of days of delay. Delivery of the Goods will not be initiated until the late fee is paid. The fee will be calculated and added to the unpaid bill.
7.6 If payment is delayed for more than 30 days after the due date, the amount owed by the User increases automatically by 10% (minimum 500 Euro), plus late-payment interest, without prejudice to the right of the relevant Group Company to claim higher proven damages. The fee is calculated and added to the relevant unpaid bill.
7.7 In case of non-payment on the due date, every outstanding debt owed by the User becomes immediately due, without formal notice. In such event, the relevant Group Company may suspend execution of all orders without prior notice and without liability for damages.
7.8 In case of late payment, the relevant Group Company may withhold delivery of any orders until overdue transactions are settled. In particular, it may withhold documents, keys, or other items relating to Goods already paid, if other Goods remain unpaid.
7.9 In case of late payment, the relevant Group Company may repudiate the Contract with immediate effect and without judicial authorization, by notifying the User via email or registered letter. In such case, 15% of the total value of the Good (exclusive of VAT, minimum 500 Euro) is due as damages. If actual damage is higher, the relevant Group Company may claim additional compensation.
7.10 The relevant Group Company may retain the security deposit as a penalty for late payment or other breaches of the Contract, and/or withhold a proportional amount from other paid orders to cover outstanding debts.
7.11 The relevant Group Company may, at its sole discretion, refer the User’s debt(s) to a debt collection agency entitled to conduct debt recovery under the applicable law of the relevant jurisdiction.
8. DELIVERY
8.1 The relevant Group Company undertakes to transport the Goods from their place of origin to the designated collection point(s) as defined by the relevant Group Company and specified in the electronic bill. The relevant Group Company reserves the right to determine how transport is organized and bears the related transportation costs.
8.2 Transport to the collection point(s) is initiated only after the electronic bill has been paid in full. The indicated transportation period is not binding. The relevant Group Company cannot be held liable for late delivery. In case of delay, the Parties shall agree on a new delivery date.
8.3 If the User intends to export the Goods outside the EU, the relevant Group Company may require a deposit equal to the VAT value of the goods. This deposit is refunded upon receipt of valid export documents (e.g., EX-1 or EX-A) approved by customs.
8.4 If the relevant Group Company fails to deliver the Goods to the collection point within 40 (forty) days after payment, the User may terminate the Contract by notifying the relevant Group Company by email or registered letter. In such case, the sale price will be refunded as the sole compensation.
8.5 Risk of loss or damage to the Goods passes to the User upon commencement of delivery at the latest.
8.6 If the User requests delivery to a location other than the designated collection point, the User bears all related transportation costs.
8.7 The relevant Group Company will release the Goods once the registration documents are available at its premises (the type and number of documents may vary depending on the country of origin). The User may choose to collect the Goods before the documents are received, at their own risk. The relevant Group Company is not liable for loss of documents if the User collects the Goods early.
9. RESERVATION OF TITLE
9.1 The relevant Group Company holds the property title of the Goods, even after delivery, until payment in full by the User.
10. COLLECTION OF GOODS
10.1 The User must collect the Goods purchased at the agreed time and place, as specified in the bill.
10.2 The relevant Group Company will provide a mandate for the User to collect the Goods. Only the person holding a valid mandate may collect the Goods. The relevant Group Company has the right to verify the identity of the User or the authorized representative.
10.3 If the User does not take physical custody of the Goods on the agreed delivery date, the relevant Group Company may charge storage costs of 15 (fifteen) Euro per day. Delivery of the Goods will occur only after these costs are paid.
11. CANCELLATION
11.1 The User may propose to terminate the Contract within 2 (two) working days of its conclusion. The relevant Group Company has the right to refuse such a proposal.
11.2 If the relevant Group Company accepts the termination proposal, the User must indemnify the relevant Group Company with a sum equal to 15% of the total value of the Goods (exclusive of VAT), with a minimum of 500 Euro. The relevant Group Company may retain the security deposit as a penalty for the cancellation.
11.3 The termination proposal must be submitted to the relevant Group Company by email or registered letter within 2 (two) working days after the Contract’s conclusion. Proposals submitted later are invalid.
12. LIABILITY
12.1 The relevant Group Company is not liable for indirect or unusual damage, regardless its origin or way of manifestation. The relevant Group Company can consequentially not be held liable for loss of income, loss of profit, loss of goodwill, etc.
12.2 The relevant Group Company cannot be held liable for damage resulting from or relating to misconduct of third parties, including fraud, vandalism, etc.
12.3 Notwithstanding the cause of damage the liability of the relevant Group Company is limited to a maximum amount of 5,000 (five thousand) Euro.
12.4 The User accepts the Goods as he finds it/them, excluding a claim against the relevant Group Company for obvious and visible flaws. The relevant Group Company is not liable for any claims regarding Good’s details (damage, lamp, option, etc) clearly showed in published photos or mentioned in the list of unaccepted complaints on Quality compliance page on eCarsTrade: ecarstrade.com/quality-compliance.
12.5 The relevant Group Company can only be held liable for latent defects within 2 (two) working days after the collection of the Goods by the User from the relevant Group Company if (i) the car has not covered a distance of more than 50 (fifty) kilometers since collection, and (ii) the User has not modified the car since collection for an amount exceeding 300 (three hundred) Euro. The liability for latent defects is limited to the defects that are not listed in the list of uncovered latent defects available on eCarsTrade. The User waives the right to compensation for losses and claims related to latent defects of the Goods to the relevant Group Company, if the User has not informed the relevant Group Company about latent defects within 2 (two) working days after the receipt of the Goods by the User from the relevant Group Company, together with a detailed description of the defects. The liability of the relevant Group Company is limited to bringing the Goods in accordance with the specifications of the Contract.
12.6 The relevant Group Company cannot be held liable for late performance or default of its obligations in cases beyond its control or force majeure. The relevant Group Company notifies the User in such event in writing and without delay, possibly through a notification on eCarsTrade. All obligations of the relevant Group Company are delayed during this period, without a possible claim for damages by the User.
12.7 The relevant Group Company can in no instance be held liable for non-compliance with statutes, acts or regulations in force in the country of acceptance. The User expressively safeguards the relevant Group Company against any such claims.
12.8 The relevant Group Company does not guarantee a safe use of its website, free of viruses, malware, and/or other harming elements or programs, nor does it guarantee that hyperlinks on its website to other sites are free of viruses or such elements. The relevant Group Company does not take responsibility in this regard. Hyperlinks to different websites do not entail a guarantee to the contents of eCarsTrade.
12.9 The relevant Group Company is not bound by typographical or material errors on eCarsTrade and has the right to correct such errors.
12.10 The User accepts the limits to the liability of the relevant Group Company as set out in this paragraph without reservations.
12.11 The Importer/Buyer shall not sell, export or re-export, directly or indirectly, to the Russian Federation or Belarus or for use in the Russian Federation and Belarus any goods supplied under or in connection with this Agreement that fall under the scope of the applicable European trade restrictions on Russia and Belarus, such as Council Regulation (EU) No 833/2014.
12.12 The Importer/Buyer shall undertake their best efforts to ensure that the purpose of paragraph 12.11 is not frustrated by any third parties further down the commercial chain, including by possible resellers.
12.13 The Importer/Buyer shall set up and maintain an adequate monitoring mechanism to detect conduct by any third parties further down the commercial chain, including by possible resellers, that would frustrate the purpose of paragraph 12.11.
12.14 Any violation of paragraphs 12.11, 12.12 or 12.13 shall constitute a material breach of an essential element of this Agreement, and the relevant Group Company shall be entitled to seek appropriate remedies, including, but not limited to: (i) termination of this Agreement; and (ii) a penalty of 20% of the total value of this Agreement.
12.15 The Importer/Buyer shall immediately inform the relevant Group Company about any problems in applying paragraphs 12.11, 12.12 or 12.13, including any relevant activities by third parties that could frustrate the purpose of paragraph 12.11. The Importer/Buyer shall make available to the relevant Group Company information concerning compliance with the obligations under paragraphs 12.11, 12.12 or 12.13 within two weeks of the simple request of such information.
13. INTELLECTUAL PROPERTY
13.1 Texts, photos, drawings, pictures, data, names, business names, domain names, trademarks, logos and other components of eCarsTrade are protected under intellectual property rights law and are owned by the relevant Group Company or third parties.
13.2 It is prohibited to save, reproduce, modify, distribute, make public, send, or sell the data offered, or to transfer rights regarding this data to third parties or transfer them in any other way, without prior, express and written consent by the relevant Group Company, on pain of damages.
14. PRIVACY
14.1 The information entered during registration or use of eCarsTrade is essential to correctly process and fulfill orders. Incomplete information may render an order invalid. The User is exclusively liable for this.
14.2 Information provided by the Client, including company and individual documents, is required by the relevant Group Company only for internal use, financial control, compliance with legal obligations, or for the protection of its rights and legitimate interests.
14.3 Personal data requested by the relevant Group Company is processed in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation) and applicable national laws. The User has the right to access, control, correct and delete such data. Personal data is not made public or transferred to third parties, except where legally required.
14.4 User’s personal data are processed in accordance with the Personal Data Protection Policy published on eCarsTrade (https://ecarstrade.com/privacy-and-cookies-policy#data-we-collect), which complies with Regulation (EU) 2016/679.
15. TERMINATION OF THE CONTRACT
15.1 The relevant Group Company has the right to terminate all current orders without delay, prior notification or payment of damages, by registered letter (or equivalent written notice) to the User, if: • the User fails to perform any obligation and remains in default 15 (fifteen) calendar days after dispatch of a formal notice. The relevant Group Company may still claim payment of the full sum, increased with interests and lump-sum damages; • the User files for bankruptcy, is declared insolvent, goes into liquidation, commences proceedings under any applicable business continuity or insolvency law, or is in a similar factual or legal situation.
16. MISCELLANEOUS
16.1 Agents, employees or other representatives of the User are presumed to act in the name and on behalf of the User.
16.2 The partial annulment or partial nullity of one or more provisions of these GT&C does not entail the nullity of the entire GT&C. The Parties shall renegotiate any void or voidable provision in good faith to agree on a replacement clause consistent with the spirit of these GT&C.
16.3 Only the English version of these GT&C is authentic and legally binding. Any other languages are mere translations; in case of conflicts the English version shall prevail. The relevant Group Company is not liable for errors in translation between versions.
16.4 The relevant Group Company reserves the right to limit or restrict User access to eCarsTrade at any time, without notice or explanation.
16.5 Structure and Priority. These GT&C consist of (i) the present generic terms and conditions (the "Generic GT&C") and (ii) the country-specific appendix applicable to the country where the Group Company that is party to the Contract is established (the "Country Appendix"). The Country Appendix forms an integral part of the Contract and supplements the Generic GT&C. In the event of any conflict or inconsistency between the Country Appendix and the Generic GT&C, the Country Appendix shall prevail for matters requiring country-specific treatment (including governing law, jurisdiction, tax, invoicing, documentation, and compliance). For all other matters, the Generic GT&C shall apply. Where mandatory provisions of the applicable local law conflict with the Generic GT&C, the mandatory local provisions shall prevail solely to the extent of the conflict.
17. CONFLICTS
17.1 These GT&C are governed by and construed in accordance with the law of the country where the relevant Group Company that is party to the Contract is established. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. Unless otherwise specified in the applicable country appendix, the courts of the judicial district where the relevant Group Company is established shall have exclusive jurisdiction.
Appendix Belgium
Country-Specific Terms to the Generic GT&C
Note (Clause 16.5 – Structure and Priority): This Country Appendix forms part of the Generic GT&C and, per clause 16.5, prevails over the Generic GT&C for matters requiring country‑specific treatment (including governing law, jurisdiction, tax, invoicing, documentation, and compliance).
1. Contracting Entity
Solaf BV
Registered office: Schoonmansveld 1, 2870 Puurs-Sint-Amands, Belgium
VAT: BE 0889.569.677
Bank account name: SOLAF BV
Bank name: Belfius Bank
IBAN: BE87 0689 5290 5694
BIC: GKCCBEBBXXX
2. Governing Law
These GT&C and any Contract concluded with Solaf BV are governed by and construed in accordance with Belgian law. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
3. Jurisdiction
Unless otherwise agreed in writing, any dispute arising from or in connection with these GT&C or a Contract shall be submitted to the exclusive jurisdiction of the courts of the judicial district of Mechelen, Belgium.
4. Data Protection
In addition to GDPR (Regulation (EU) 2016/679), processing of personal data by Solaf BV is subject to the Belgian Law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data.
Appendix France
Country-Specific Terms to the Generic GT&C
Note (Clause 16.5 – Structure and Priority): This Country Appendix forms part of the Generic GT&C and, per clause 16.5, prevails over the Generic GT&C for matters requiring country‑specific treatment (including governing law, jurisdiction, tax, invoicing, documentation, and compliance).
1. Contracting Entity
eCT France SAS
Registered office: 28 Avenue des Pépinières, 94260 Fresnes, France
Legal form: Société par Actions Simplifiée (SAS)
SIREN: 941 618 142
SIRET (head office): 941 618 142 00017
VAT: FR68 941 618 142
Company registry: RCS Créteil
Capital: €50,000
Bank account details: BE95 0689 5510 3958
2. Governing Law
These GT&C and any Contract concluded with eCT France SAS are governed by and construed in accordance with French law. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
3. Jurisdiction
Unless otherwise agreed in writing, any dispute arising from or in connection with these GT&C or a Contract shall be submitted to the exclusive jurisdiction of the courts of the judicial district of Créteil, France.
4. Data Protection
In addition to GDPR (Regulation (EU) 2016/679), processing of personal data by eCT France SAS is subject to the French Data Protection Act (Loi Informatique et Libertés of 6 January 1978, as amended). The competent supervisory authority is the Commission Nationale de l’Informatique et des Libertés (CNIL).
Appendix Netherlands
Country-Specific Terms to the Generic GT&C
Note (Clause 16.5 – Structure and Priority): This Country Appendix forms part of the Generic GT&C and, per clause 16.5, prevails over the Generic GT&C for matters requiring country‑specific treatment (including governing law, jurisdiction, tax, invoicing, documentation, and compliance).
1. Contracting Entity
eCT Netherlands B.V.
Registered office: Jan de Rooijdreef 33, 4904VX Oosterhout
Legal form: Besloten Vennootschap (B.V.)
Chamber of Commerce (KvK) number: 98022113
2. Governing Law
These GT&C and any Contract concluded with eCT Netherlands B.V. are governed by and construed in accordance with Dutch law. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
3. Jurisdiction
Unless otherwise agreed in writing, any dispute arising from or in connection with these GT&C or a Contract shall be submitted to the exclusive jurisdiction of the courts of the judicial district of Oosterhout, Netherlands.
4. Data Protection
In addition to GDPR (Regulation (EU) 2016/679), processing of personal data by eCT Netherlands B.V. is subject to the Dutch Implementation Act of the General Data Protection Regulation (Uitvoeringswet AVG) and relevant national rules. The competent supervisory authority is the Autoriteit Persoonsgegevens (Dutch Data Protection Authority).
