General Terms and Conditions of Use of the website
www.carquotation.dieteren.be is published by SA D'Ieteren NV, a limited company whose registered office is located at 50, rue du Mail, 1050 Ixelles, registered with the Crossroads Bank for Enterprises under number 0403.448.140.
- Website manager: Ms Pascale Vermeersch, Marketing Supervisor
SA D'Ieteren NV (importer and seller)
Rue du Mail 50
via the following email address: email@example.com or on the following telephone number: 02/756.86.33
- General Terms and Conditions : means these general terms and conditions of use of the Website.
- Elements : means all the contents of the Website pages and elements, including information and results, provided by d’Ieteren on the Website to the Users.
- Point of Sale : means any point of sale that is a member of the official D'Ieteren network distributing one or more of the Volkswagen group brands in Belgium, participating in the service proposed by the Website and likely to be interested in acquiring the User's Vehicle.
- Website : means the Internet site accessible at www.carquotation.dieteren.be
- User : means any individual who is a physical person, using the Website and requesting a quotation for the estimate of their Vehicle, for possible sale to a Point of Sale.
- Vehicle : means the used vehicle, which has been the User’s property for at least 6 months (see car registration document), for which the latter would like to request an on-line estimate of its trade-in value by a Point of Sale via the Website.
This document constitutes the General Terms and Conditions of the Website. Its purpose is to define the terms and conditions of consultation of the Website and its Elements by the User and to put a User in contact with a Point of Sale. It is stated that use of the Website and the consultation of the Elements are subject to compliance by the User with all provisions of the General Terms and Conditions.
The Website offers a service that estimates the trade-in value of used vehicles, in order to facilitate the sale of such vehicles by private sellers, and puts them in contact with a Point of Sale.
The User acknowledges that their Vehicle’s trade-in value is provided by the Website for information purposes only and that it is not binding on the Website, on D'Ieteren or on the Points of Sale, nor any other potential used vehicle buyer, professional or otherwise.
The User expressly agrees to comply with the General Terms and Conditions, which he hereby accepts. D’Ieteren may never be held liable in the event of disagreement between a User and a Point of Sale about the Elements and in particular about the results provided by the Website and/or in the case of any loss or for any damage resulting from a sales contract directly concluded between the User selling his Vehicle and a Point of Sale.
To obtain an estimate of the trade-in value of the Vehicle he wishes to sell, the User must complete all mandatory fields on the Website by providing detailed information about his own identity and about the characteristics and condition of the Vehicle.
The User is again reminded that only Vehicles under 10 years can be estimated on the Website.
4. Modification, update and acceptance
D'Ieteren makes the Elements available to the User provided that the latter undertakes to comply with these General Terms and Conditions.
D'Ieteren reserves the right to modify and update these General Terms and Conditions and all the Elements on the Website at any time and without prior notice. All these modifications apply to the Users, who must consult these General Terms and Conditions each time he connects to the Website to familiarise himself with the latest version in force.
In any event, the mere consultation of the Elements and use of the Website by the User implies unreserved acceptance by the latter of the General Terms and Conditions in their latest version.
5. Online estimate of a vehicle trade-in value
The estimated trade–in value calculated by the Website is based on the information provided by the User. This information allows the Website to provide, for information purposes and on a non-binding basis, an estimate of the trade-in value of the Vehicle, in euros including tax, calculated on the basis of observations of the used car market in Belgium and particularly on the basis of recent transactions concluded for the same or similar vehicles, especially at public auctions
The estimate is given for a Vehicle sold by an individual to a professional, in its current condition and without recourse, against cash payment. The trade-in value proposed is generally lower than the price that could be obtained by selling the Vehicle directly to another individual in order to take into account repair costs, resale expenses, warranty costs and the margin of the professional buyer.
Any error, voluntary or involuntary, in the information provided by the User would lead to an incorrect estimate, which therefore could not be used by the User and the Point of Sale. Should a human or computer error, detected by the Website, lead to an incorrect estimate of the Vehicle’s trade-in value, the Website undertakes to inform the User promptly following the discovery of the error. On no account can the Website and D'Ieteren be held liable for an incorrect estimate that is due to human or computer error.
6. Validity of the estimate
To obtain a trade-in estimate, the User must provide full, detailed, true and correct information about the Vehicle and its features, and about his own identity and how to contact him, in the forms provided for that purpose on the Website.
The indicative estimate will be valid for 15 (fifteen) days after being sent.
This means that if the User wishes to sell his Vehicle to one of the Points of Sale, he will need to present his Vehicle with its registration certificate in his name, as well as all the documents requested below to one of Points of Sale within the prescribed period of 15 (fifteen) days after the estimate is sent by email. Beyond the aforesaid period of 15 (fifteen) days, a new estimate of the Vehicle trade-in value will be required. It may again be performed on the Website by the owner of the vehicle, or directly by the Point of Sale at the time of inspection of the Vehicle.
A significant difference in any information about the Vehicle (including design, type, version, engine, odometer, colour, options, etc.) between the date on which the value was estimated on the Website and the presentation of the Vehicle to a Point of Sale for a physical valuation, will automatically cancel the estimate generated by the Website and require a new estimate. In terms of mileage, any difference of more than 100 (one hundred) kilometres between the description of the Vehicle made online on the Website and its actual mileage during the physical inspection of the Vehicle by the Point of Sale, shall be considered as a significant difference within the meaning of this clause.
7. Physical inspection of the vehicle by a point of sale
If the User wishes to sell his Vehicle to a Point of Sale, to do so, he must take his Vehicle physically to one of the Points of Sale for a free physical inspection of the vehicle. This inspection is intended to check that the Vehicle matches in full the online information provided on the Website by the User, and is in good condition (mechanics and bodywork), without having undergone any tuning (modification or improper transformation of the vehicle).
The Point of Sale will perform a detailed inspection of the Vehicle and its condition. During this inspection, which is entirely free for the owner of the Vehicle, the latter agrees that his Vehicle undergoes various inspections, including in particular:
- an inspection of the condition of the paint and motor oil,
- a test drive over a distance of fifty (50) kilometres maximum,
- an analysis of the maintenance history (documented by the maintenance book and the corresponding invoices)
- a control of the last MOT certificate (in order)
- verification of the ownership document of the vehicle, its certificate of conformity and its registration in the databases available to the Point of Sale by the manufacturers, the Federal Public Service for Mobility and Transport or insurers.
It is hereby specified that during the inspection and, if applicable, the expert appraisal of the Vehicle, the Point of Sale is not responsable unless it can be demonstrated that he didn’t took all the measures and a negligence can be imputed.
8. Determination of the trade-in value of the vehicle by a point of sale
It is important to recall here that the Point of Sale is bound only by the estimate of the value it will counter-offer for the trade-in of the vehicle after its expert appraisal, and is in no way bound by the estimate of the trade-in value generated by the Website for the Vehicle.
The results of the physical inspection (and possibly the complementary expert appraisal) will allow the Point of Sale, if it so wishes, to propose to the owner of the Vehicle, an equivalent trade-in value that is lower or higher than the estimate provided by the Website. It may be revised upwards or downwards in particular if:
- the Vehicle does not comply exactly with the description given by the User on the Website, or if;
- the physical inspection performed on the Vehicle revealed defects that were not described online on the Website, or which, in the opinion of the Point of Sale, are likely to influence the estimate of the trade-in value provided by the Website for the Vehicle.
9. Delivery and payment of the vehicle
If the Vehicle’s owner accepts the Vehicle trade-in value set by the Point of Sale, he has a maximum of 48 (forty-eight) working hours to deliver his Vehicle to the Point of Sale, with due consideration for its opening times, in the same condition and with no more than an extra fifty (50) kilometres on the clock in comparaison with the indicated kilometres after the inspection and/or expert appraisal carried out on the Vehicle.
The Vehicle must be delivered by the owner to the Point of Sale, at his expense. Barring any express written agreement, the Point of Sale shall on no account take possession of the Vehicle at another location other than at its premises.
At the time of delivery and at the time of sale of the Vehicle, the owner must provide the Point of Sale with all of the Vehicle’s documentation elements listed below but not limited to:
- the registration certificate,
- original certificates of conformity or registration certificates,
- verification of the last MOT certificate (in order),
- the maintenance book and the corresponding invoices,
- information about the possible warranty covering the Vehicle
- the manual for the vehicle and its electronic equipment,
- all sets of keys relating to the vehicle (2 (two) minimum),
- the security codes of electronic equipment,
- the update CD for the sat nav, as appropriate.
If the Vehicle owner accepts the trade-in value proposed by the Point of Sale and the Vehicle comes accompanied by the documents listed above, the owner of the Vehicle and the Point of Sale shall then sign a contract of sale, subject to the trade-in conditions indicated in these General Terms and Conditions. Until the signing of the contract of sale by both parties, the owner of the Vehicle and the Point of Sale are entirely free to accept or refuse the sale or purchase of the Vehicle respectively.
Payment of the Vehicle by the Point of Sale to its owner shall be by bank transfer directly to an account in the name of the owner of the Vehicle exclusively against delivery of all of the aforementioned documentation elements, the trade-in contract duly signed by the Point of Sale and the owner of the Vehicle and of the aforementioned documents proving the owner’s ID and place of residence.
10. Vehicle under a financing agreement
The sale of a Vehicle that is still under a financing agreement is possible, provided that all original documents relating to the remaining financing due on the Vehicle are submitted at the time of its presentation at the Point of Sale for the prior general inspection.
At his request, the Point of Sale that has knowingly purchased the Vehicle shall assist the Vehicle owner in his dealings with his financing organisation.
In the event that the amount of the remaining credit exceeds the agreed trade-in value, the Vehicle owner shall pay the difference between the trade-in value and the amount still owed on the Vehicle, which it shall settle with the Point of Sale at the signing of the sale contract, via a certified bank cheque backed by sufficient funds or by bank transfer.
In the event that the agreed trade-in value is greater than the amount of remaining credit payable, the Point of Sale will assist the owner of the Vehicle being sold with the administrative procedures necessary to obtain the waiver of lien from its financing organisation. It is specified, for information purposes, that these procedures can take 10 (ten) to 15 (fifteen) days or more in some cases. The owner of the Vehicle being sold is informed that the absence of a waiver of lien on the Vehicle shall be considered as grounds for the Point of Sale to cancel the Vehicle’s contract of sale.
11. Personal data
The Website can be consulted without the User having to reveal his identity or any other personal information about himself.
The User expressly agrees that the personal data concerning him collected through his use of the Website will be processed for customer relationship management purposes, commercial management of the Website. They may be shared with companies of the D'Ieteren group, the dealers of the makes distributed by it and insurers.
Pursuant to the provisions of the Belgian law of 8 December 1992 on the protection of privacy with regard to the processing of personal data and the Regulation (EU) 2016/679 of the European Parliament on the protection of natural persons with regard to the processing of personal data :
- D'Ieteren undertakes not to make any use of the User’s personal data other than strictly within the context of the purposes described above;
- D'Ieteren undertakes not to carry out processing contrary to the purposes set out above, not to publish, disclose or transmit information about the User, without his express prior consent;
- The User is informed that his personal data may be used for purposes of surveys, analyses or in the course of commercial operations by D'Ieteren, its subsidiaries, its sales network and/or any company offering a service on behalf of D'Ieteren.
SA D'Ieteren NV, Customer Care, Rue du Mail 50-1050 Ixelles, or by e-mail to the following address: firstname.lastname@example.org
D'Ieteren undertakes to implement appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, disclosure or unauthorised access to these data.
D'Ieteren undertakes to keep the personal data for no longer than is necessary to achieve the purposes for which they were collected or processed.
D'Ieteren may be obliged to disclose any information about the User to comply with any law or regulation in force, or to meet any legal or administrative request.
WHAT ARE COOKIES?
This information is generally stored on your computer in a simple text file that a server accesses to read and record information.
It contains data such as, for example:
- the name of the server that wrote it;
- usually a form of ID in the form of a unique number;
- possibly an expiration date.
A cookie is necessarily linked to a single domain name (the name of the server that created it) so that only a request from the same server can access them.
The Website contains a cookie system. Thus the User is informed that during his visits to the Website, cookies may be installed automatically on their browser. Cookies are files sent to the hard disk of users to facilitate
browsing on the website and to compile statistics of visits or to set up personalised advertisements based on the surfer’s browsing history.
The User can disable the sending of cookies by modifying the settings of their Internet browser.
THE DIFFERENT TYPES OF COOKIES WE USE
The creation of this Website requires the installation of "cookies". A "cookie" does not allow us to identify you. However, it records information about the browsing of your computer on our site (the pages you visited, the date and time of your visit, etc.) in order to better understand our visitors and their use of our site. Cookies help us to change our website to suit your needs. This type of information will not be disclosed outside the Volkswagen Group. It will not be used for unsolicited communications.
www.carquotation.dieteren.be (D'Ieteren) uses the following cookies:
- Functional Cookies
Functional cookies are cookies designed to facilitate the operation of our websites, to render their use more pleasant for visitors and to give you a more personalised browsing experience. For example cookies that record your preferences.
- Performance cookies
This Website also uses Google Analytics. We use performance cookies to collect information on the use made of our websites by visitors in order to improve the content, to better adapt it to the wishes of visitors and increase its user-friendliness. For example, one cookie counts the number of single visitors while another analyses which are the most popular pages.
- Third Party/Marketing cookies
The Website also contains material from third parties, such as audiovisual services, buttons relating to social media or advertisements. These third parties use their own cookies to analyse how many people have seen and/or clicked on an advertising banner. These cookies placed by third parties depend on the cookie policies of the companies who place them and we do not have access to read or create these cookies.
13. Website access
The Elements of the Website are accessed through the Internet. All costs relating to access to the Elements, whether hardware, software or Internet access costs, are payable by the User. The User is solely responsible for the correct operation of his computer equipment and his Internet access. The User agrees to the characteristics and limitations of the Internet network and acknowledges that he is aware of the nature of the Internet and in particular its technical performance, response times for consulting, requesting or transferring information, the risks of interruption and more generally the risks inherent to any connection and transmission on the Internet. D’Ieteren makes every reasonable effort to ensure a high-quality access to the Website and to the Elements, it being stipulated that D’Ieteren is not bound by any obligation of result to do so and is in no way responsible for a malfunction of the Website.
14. Use of the website by the user
The User agrees to abide by the General Terms and Conditions and guarantees D'Ieteren against misuse, improper and/or unauthorised use of the Elements. Personal use of the Elements excludes operation for any other purpose. The User shall refrain from making any commercial use or use for lucrative purposes of all or part of the Elements. The User agrees to use the Website in accordance with national and international regulations, and in particular not to use it to display, download, send or transmit any content, including:
- violent content or content likely to undermine respect and dignity of the human character, equality between men and women, protection of children and adolescents, including the manufacture, transportation and distribution of violent or pornographic messages or messages likely to impair human dignity;
- content that encourages the committing of crimes and offences;
- content that encourages the consumption of illegal substances;
- content that incites or may incite discrimination, hatred, violence on grounds of race, ethnicity or nationality; that is unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, vulgar, obscene, invasive of another's privacy or likely to offend the sensitivities of some people;
- content that misleads other Users by usurping the name or corporate name of other persons, that violates the rights of third parties such as, but are not limited to, any manufacturing secret, trade secret, confidential information, trademark, patent and generally any industrial or intellectual property right or other rights relating to information or protected content, including, but not limited to, computer viruses or any other code or program designed to interrupt, destroy or limit the functionality of the Website and/or its content and/or its Elements, of any software, computer and/or telecommunications equipment.
- regularly read the General Terms and Conditions and to comply with them;
- refrain from collecting and storing personal data about other Users;
- refrain from harassing in any way, one or more other Users;
- refrain from interfering with or disrupting the operation of the Website.
In case of breach by the User of the General Terms and Conditions, their access to the Website will be automatically blocked, without prejudice to any legal action that may be brought by D'Ieteren and all damages that may be claimed from the User.
All other internet sites that link to the Website (a hyperlink targeting this Website or established from it), are not created under the control of D'Ieteren.
D'Ieteren therefore cannot be held liable for the availability of these sites, their content, advertising, products or services available on or from such sites.
The User is solely responsible for their use.
The User is solely responsible for his use of the Website and of the Elements. The User is responsible for any damage that D'Ieteren and/or the Point of Sale could suffer because of any use of the Website and of the Elements that does not comply with the laws and/or regulations and/or provisions in force.
15. Intellectual property rights
The Website User is informed that the Website and the Elements:
- are protected by copyright law: this may be the case of photographs, articles, drawings, animated sequences, computer programs and/or all Elements of the Website;
- and/or are protected by legislation on drawings and models: this may be the case of vehicle models appearing on the Website;
- and/or are protected by trademark law: this may notably be the case of the Volkswagen, Audi, Skoda, SEAT and My Way brands, the D'Ieteren logos and the makes of the vehicle models displayed on the Website.
Consequently, any reproduction, use, representation, adaptation, modification, incorporation, translation, marketing, partial or complete, by any process and in any medium (paper, digital, etc.), of any of the Elements is prohibited without the express, prior written D'Ieteren barring the exceptions referred to under Article XI.190 the Belgian Code of commercial law. Doing so will constitute an infringement of copyright and/or the rights to the drawings and/or brand, punishable under criminal and civil penalties provided by the law applicable in the matter.
The User agrees to guarantee D'Ieteren and/or the Points of Sale against any action taken against them, or any complaint filed against them by a third party due to the use of the Site by the User under conditions that do not comply with the General Terms and Conditions. This guarantee covers any amount D'Ieteren and/or the Points of Sale would be required to pay for any purpose whatsoever, including recognised or imposed legal fees and court costs.
The Use of the Website is not subject to any guarantee of any kind. D'Ieteren makes no guarantee, whether express or implied, as to the use of the Website by the User, including the availability or the timely, current, reliable and useful nature of the Website and the Elements. Similarly D'Ieteren does not guarantee that the Elements comply with the expectations and needs of the User.
17. Liability of D’ieteren
D'Ieteren may not be held liable in any capacity whatsoever, and without this list being exhaustive, in case of modification, suspension or discontinuance of the Website and/or access to the Elements.
D'Ieteren can under no circumstances be held liable for:
- the reliability of the data transmission,
- access time to the Elements of the Website,
- possible access restrictions on the Internet or networks connected to it and in general any malfunction of the Internet preventing the proper functioning of the Website,
- interruption of the access networks to the Elements,
- total or partial unavailability of the Elements resulting in particular from the telecommunications operator,
- a transmission error or problem related to the security of transmissions,
- failure of the User’s receiving equipment or telephone line,
- transmission and/or reception of any data and/or information on the Internet,
- failure of any receiving equipment or communication lines,
- the loss of any email and, more generally, the loss of any data,
- routing problems,
- the operation of any software,
- any technical and hardware failure that prevents or limits the possibility of using the Website.
In no event shall D'Ieteren be held liable for any direct or indirect damage, such as in particular physical, commercial, financial and moral loss, including any lost profits, loss of data or program having as its cause, origin or basis, the use of the Website and/or of the Elements.
In cases where a Point of Sale sends a commercial offer or a Vehicle trade-in proposal on the email address, this Point of Sale shall be solely responsible for this offer, and D'Ieteren may not be held liable in any way.
Similarly, in the event that the Website puts the User in contact with a Point of Sale, D'Ieteren may not be held liable if the Point of Sale does not meet the demands and needs of the User. The creation of the contact is not binding on D'Ieteren and the Point of Sale.
The Elements featured on the pages of the Website are general information, provided for information purposes only, based on the specifications in force at the time of going online or the updating of the various pages of the Website.
If any provision of the General Terms and Conditions is deemed to be invalid and unenforceable, it shall be deemed unwritten and will not result in the nullity of the other clauses.
Failure by D'Ieteren to exercise any of the rights resulting from the General Terms and Conditions shall not constitute a waiver of those rights.
19. Applicable law
The Website and these General Terms and Conditions shall be governed by Belgian law.
Any dispute arising concerning the interpretation and/or enforcement of these General Terms and Conditions should be primarily settled amicably. Failing an amicable settlement, the dispute shall be submitted to the competent courts of Brussels.