General Terms and Conditions
Thank you for visiting our platform. Below you will find the General Terms and Conditions that govern how we arrange the various transactions and the use of the platform.
Name: PFORC BV
Address: Ouderdomseweg 26A
8970 POPERINGE (BELGIUM)
VAT No: BE 0753.556.673
What do we do?
We are an online platform through which we connect owners and potential buyers of classic cars. On our website, you can therefore offer a car for sale and /or buy a car via online bids. Our website also contains an online platform where you, as a car enthusiast, can chat with others.
We act as an intermediary and we are not the seller or buyer of the car but act solely as a mediator between the possible sellers and buyers. In other words, we provide services for a fee that consists of the possibility for sellers to offer their car for sale on our platform. The scope of the services may be extended by written agreement between the parties.
The unique thing about the platform is that we put transparency first. We want to distinguish ourselves from other platforms by providing open and honest information on our website.
For example, we strive to ensure that each vehicle is provided with an objective description, with the necessary details about the history of the car, the general condition, the maintenance history, and various photos.
You can understand that we as an intermediary depend on the information provided by the seller about this and we cannot verify the veracity of all information.
We want to achieve this by also providing on our website the possibility to dialogue with others. This includes both the seller, as well as (other) experts, persons who have already started looking at the car, etc.
This way you will have the opportunity to discuss the car and its general condition as well as to request additional information and/or photos from the seller. If you cannot visit the car yourself, you can also ask other members to do this for you.
Finally, we are also convinced that this is also an advantage for the seller. Providing clear information with the ability for potential buyers to provide additional information will gain confidence which makes it more likely that the car will be sold at a fair price.
Using the principle "whoever is fair will be rewarded" we strive for a win-win for both seller and buyer.
As we value transparency, all information will be available in four languages: Dutch, French, English and German. In this way it is possible to share information in a good and clear way.
However, we are not responsible for any errors that have crept into the website due to translation. In case of any differences between the different languages, the Dutch text will take precedence. The same reasoning applies to any differences of interpretation.
Express agreement on General Terms and Conditions
Since you register on our website, you expressly accept our terms and conditions. This means that you agree to these terms in their entirety: you have read them and agree to them. The general terms and conditions are therefore an integral part of the contract.
If one or more provisions of the general terms and conditions are null and void, this will not affect the validity of the other terms. In that case, the relevant void clause will be interpreted in a manner that is in accordance with the legal provisions.
You must be at least 18 years of age to register on our website. Minors need the explicit consent from their parent or legal guardian. Under European law, credit purchases for under-18s cannot be approved. We reserve the right to refuse or change your order if, for example, you disclose incorrect personal data and/or have a payment comment.
We are not responsible for image or typographical errors on our website. Errors in the product description or technical specifications, incorrect prices or price adjustments or incorrect information about the availability of the car. We may correct such errors and may change or update the information at any time. We promise to inform you if an incorrect price has been set for a car on which you have placed a bid and will wait for your approval of the new price before proceeding with processing your bid.
Any possible liability for unavailable cars will in any case be limited to the amount paid by you to us.
All image information on the website serves exclusively as illustrations. It cannot be guaranteed that these illustrations correspond to the car you receive, its exact appearance, characteristics or origin as shown. This representation depends on a third party and is not our responsibility.
If you wish to make a complaint, you must send us a detailed description. This can be done by e-mail or by post. Each complaint is processed and reviewed manually, so it can take between 10 and 20 business days for you to receive a response.
In the event of a dispute with consumers residing in the European Union, an attempt will first be made to reach a settlement through the Alternative Dispute Resolution of the European Union as set out in the ODR Regulation. All information can be found at: http://ec.europa.eu/consumers/odr/. Consumers can always contact this platform with their complaints.
The court of the consumer's place of residence has jurisdiction to hear the dispute. The district of our registered office is competent for professional customers.
Characteristics of the goods
Since we are only serving as an intermediary, we can under no circumstances be held liable for the information communicated on our website, and in particular (but not limited to) for defects or incorrect mentions regarding the vehicles offered for sale or sold, since in practice it is impossible to check all this information for truth or fidelity.
Moreover, we cannot be held liable for any problems regarding the sale, applicable side guarantees, delivery or the quality of the vehicles offered via our website.
We can therefore advise potential buyers to be vigilant when they contact (re)buyers. In particular payments (especially if made from foreign accounts), abnormal delivery methods, and any (hidden) defects in the car.
Under no circumstances can we be held liable for fraud cases that occur after contacting us via our website. Since we want to avoid such practices at all costs, we thank you for informing us if there are any problems so that we can take the necessary measures.
However, we make every effort to ensure that as much information as possible about the car is available. Commenting on the car by third parties will contribute to this.
We act solely as an intermediary and are not a party to the sales agreement. For this reason, we are not obliged to pay any compensation/damage of any kind because of the sale.
As a service provider of technical services, we do not act as a representative of one of the parties or on behalf of one of the parties.
The seller will therefore indemnify us against all damages/complaints/claims of the buyer, regardless of whether the buyer is a consumer including the whole of court costs, and fees of lawyers.
The person who offers the car for sale is also fully liable for the content of the data it has transferred as well as for any damages related to the sale.
In addition, the seller undertakes that the data given about the vehicle corresponds to reality. The photos must also correspond to the actual vehicle and must not be photos from a catalog, the internet, or any other advertisement. The seller also undertakes to answer the questions for additional information and/or photos of other users within the shortest possible time.
If the seller is a professional, the minimum price indicated by the seller may be increased by the VAT on the vehicle. The calculation of this VAT is entirely the responsibility of the professional seller. This will always be clearly and separately displayed when the bid is calculated and placed by the bidder.
The person offering the car for sale must also effectively dispose of the vehicle offered.
In other words, the seller will have full ownership of the car, at least the full right of sale. The seller also undertakes that the car is not burdened with charges of any kind (such as but not limited to: rights in rem, claims, lease,…). They must not be vehicles for which an order is pending, or which has yet to be ordered.
In the case of a professional seller, the seller also confirms that he is aware of the legal obligations in the context of a distance sale and service legislation, as well as all other legal obligations. The professional seller will be responsible for all possible damages that we might have due to non-compliance with these obligations.
All goods are sold in the condition in which they are located with any visible or hidden defects. The buyers/bidders are deemed to have thoroughly inspected the cars and are also responsible for this.
We can only be liable for damage caused to the user by our serious error or intent, caused by the failure to comply with any of our essential obligations under the agreement, in the context of specific provisions expressly agreed in writing in a different and more extensive service agreement, or by making voluntary false statements, as a result of an attack on life, on the physical integrity or health resulting from a waiver of our obligations. The damages will be limited to the reasonable and foreseeable damage for this type of agreement. In the event of a shortcoming in the performance of a service, the compensation ceased above may not exceed 5% of the price of the service in question.
We reserve the right to change these terms and conditions for the future. A retroactive amendment is only possible if it is ordered by law, or by the authorities or if this is done in the user's favour.
Conditions for the registration and use of the platform / internal regulations
In order to communicate on our website, you will need to register as a user.
On the homepage, you can register by pressing the "login” button. First of all, some general information will be requested. This includes a username, an email address, and a password.
To register as a seller or to be able to bid on cars, you will have to register as a "premium" user. This requires additional information including name and first name, telephone number, and address details. During this registration, credit card information will also be requested. You will also be asked if you are a private individual or professional. If you are a professional, you will have to provide the name, business address and VAT number of your company.
As we attach importance to transparency and clarity, we have carried out a far-reaching registration process. In this way, we can not only check the veracity of the information provided by the user by means of a double verification process (via e-mail and telephone), we can also ensure that users who have already been excluded cannot simply log in again.
Once registered, you will receive a confirmation email explaining how to activate your account. Please note that it may take up to 24 hours for your account to be active.
The published data on our website belongs to our exclusive property. The systematic collection or collection of this data for commercial purposes that appear on our website is strictly prohibited and will be prosecuted.
We expect every user to behave respectfully. We reserve the right to delete your comments if we believe that they could be defamatory or disrespectful.
In particular, the user refrains from making any content in violation of criminal law or morals accessible (for example, defamatory, offensive, racist, or pornographic content), or any other content that could cause an attack on the good name or honor of a third party.
The user will be liable for any redress of a third party based on a violation of the above and in particular for all of the reasonable costs that we are forced to incur in our defense.
We reserve the right to exclude users from the platform at any time if we believe that it is not in line with our vision.
We also reserve the right to remove all reviews, including but not limited to unlawful criticisms, offensive content or any other content that has nothing to do with the forum and/or content that could damage the image of the website. However, under no circumstances can we be obliged to investigate the facts, it is sufficient for us to refer to the information communicated by the user.
Conditions for the (potential) buyers
Each bid contains a comment section that allows any user to comment, request information, or provide information. As an interested buyer, we recommend that you ask as many questions as possible before placing a bid. In this way you can also contact the seller of the car, as well as other interested parties. We will not actively participate in these conversations, nor will we verify the veracity of the information provided. All comments from the seller are in a frame so that they are immediately visible.
As a potential buyer, you also have the option to request a visit. You can contact the seller directly via the platform by clicking on "Plan a visit" to organize this visit and/or test drive.
Placing a bid
Making an offer is always binding and irrevocable.
Each bidder shall remain obliged to his bid, even if his bid is exceeded. If the highest bid cannot go ahead for any reason, the highest previous bidder will be designated as the buyer if the minimum set price has been met.
Each is supposed to buy for himself and be jointly and severally responsible for it.
Since we wish to ensure that no frivolous bids are made, we will also verify the solvency of the potential buyer in the event of a bid made by blocking 5% of the sale price, and capped at 1000 EUR. The potential buyer gives his explicit consent for this. This check will be done via the payment platform Stripe. The money is blocked until the commission fee has been paid.
For the same reason, the VAT number of professional users will also be checked.
Duration and course of the bid
The duration of the bid is explicitly displayed on the website. If a bid is made the last 2 minutes of the duration of the bid, the duration of the bid will be extended again by 2 minutes to allow other interested parties to still make a bid.
You can always check the state of affairs based on the color code. Red means that the set price has not yet been met, orange means that the price has not yet been met but the highest bid is 10% below the set price. Green means that the highest bid is higher than the set price.
Acceptance of the offer and further course
Your bid will be accepted if your bid is the highest at the close of the bid and if the reserve price has been met.
If the offer you have made has been accepted, you will be informed by e-mail. This e-mail will contain a link to settle the payment of the commission fee. Once the commission fee is paid, the amount on hold on the credit card is released and an email will be provided containing the seller's details so that you can draw up a sales agreement with him whereby you can further arrange the modalities about the sale between yourself. You will also have to make arrangements with him regarding delivery.
Since we are solely based as an intermediary, we will not be responsible for any direct or indirect damage resulting from the sale. We will also not be responsible if the seller renounces the sale for any reason. Since we are merely an intermediary, we will also not be able to be involved in any implementation in kind of the agreement.
Sale by a professional seller
It will always be clear to you whether it is a professional or private seller. We also inform you that if you purchase the car from a professional seller, it is obliged to respect the statutory right of withdrawal of 14 days. In addition, he will also have to comply with the legal warranty obligation as well as other information obligations.
On each sale, the buyer will owe a commission amounting to 5% of the bid made that was accepted. This commission is increased by 21% VAT. The commission is on top of the bid made, which means that you will have to take this into account when making a bid.
This commission is a mediation fee that is due for the use of the platform.
This amount will need to be paid within 5 working days following the closure of the auction. In order to allow you to pay the commission, you will receive a link via email guiding you to the online payment tool. Once the commission is paid, the amount on hold on the credit card will be released.
In case the commission fee is not paid within 5 working days, you hereby explicitly allow PFORC bv, to charge the credit card you have provided during the registration process, for the amount of the commission fee.
If you do not have the winning bid, the amount will be released as soon as the bid on the car in question has ended.
Conditions for the sale of your car
Conclusion of the mediation contract
You can do this by logging on to our website and then by clicking through and to the subtitle "Submit a vehicle". You will then have to fill in the details of your car as well as the minimum price you want for your car. Afterward you will obtain detail of your order and you can detect and correct any input errors before you finally place a request for an order. We can advise you to double-check the minimum price of your car. If this price is offered, you agree that the car may be sold and give us the mandate to do so.
By clicking on "order with payment obligation", you place a binding order.
You will then receive an order confirmation after which we will try to notify you within a period of 5 working days whether we accept this order and whether your car can be offered for sale via our platform. After all, we strive for uniformity and quality and therefore do not want to offer every type of car. For this reason, a number of questions about the vehicle will have to be answered and at least 50 photos will have to be attached. You will also need to provide a detailed overview of the history of the car as well as information about the current state of the car, the inside and outside,.. We will guide you through this as well as give you a number of tips.
We also reserve the right to change, discontinue or replace our services at any time in so far as this is reasonable for the user and by explaining this decision if this would concern a restriction of the service.
By offering your car for sale via our platform, you agree that the car will be offered exclusively on our platform and you will not offer the car for sale yourself – or through other third parties. In other words, during the agreement, you give us the full exclusivity regarding the sale of the car
The agreement is concluded for a certain period, namely up to 14 days after the last bid has taken place, and therefore no later than 14 days after the 2nd bid (last Thursday of the month). The agreement cannot be terminated early unless payment of the compensation clarified below.
If your car is offered in vain for the first time, we will ask you if you would like to participate in the "Last chance" auction. This is a separate category of cars that were not sold during the first time but which are offered again. In this way, your possible chances of selling are increased, and you can still make any changes around the minimum installation price of the car.
For our services we charged an administrative processing fee of 75,00 euros. This price does not include VAT and other taxes. The total price is displayed at checkout. This amount will be blocked in your account until we accept the order to sell the car. We accept the sale, and this will be recovered by us. In case we do not offer your car for sale, the amount will be released. You are not entitled to any compensation.
In addition, we are entitled to a commission of 5% on the selling price of the car if there is an offer on the car that is larger or equal to the minimum price you have set. This commission is increased by 21% VAT. By concluding an agreement with us, you give us permission to claim and withhold this commission directly from the buyer of the car. This commission will be charged to the buyer on top of the bid made.
Finally, we would also like to point out the compensation that will be due if you break the agreement before your car can be offered for sale. This corresponds to the commission that would be due on sale with a minimum of 10.000,00 euro.
If you refuse the car sales despite there being an offer that is higher or equal to the minimum price you have set, the compensation will be equal to twice the value of the actual commission in case of sale with a minimum of 20.000,00 euro.
The reason for this is that we value credibility. Once we have announced a car for sale, we will suffer significant damage if the seller returns to it.
For payment, you will be redirected to the payment platform Stripe. The accepted means of payment include: Visa, mastercard, maestro, American Express, Bancontact.
More information can be found at www.stripe.com .
In case of any payment problems, we ask you to contact us and provide us with as much information as possible. We will try to help you as much as possible.
The statutory right of withdrawal
If you as a consumer conclude a service agreement with us, you have the right to withdraw from the agreement within a period of 14 days after the day of ordering. You don't have to cite a reason for this.
This right of withdrawal does not apply to professional sellers who are not covered by consumer protection.
The period within which you can terminate your agreement is 14 days after the day on which the distance contract was concluded. The deadline has been met if you let us know within this period that you wish to withdraw from the agreement.
You can do this by means of an unambiguous statement that is sent to us by post or e-mail. You can use the form, but you are not obliged to do so.
If you withdraw from the agreement, you will receive all payments you have made without delay and in any case no longer than 14 days after receipt. We will refund you using the same payment method with which you made the original transaction unless you have agreed otherwise. In any case, no fees will be charged for such a refund.
However, with the order confirmation, you will be given the opportunity to waive your right of withdrawal. As a result, you will no longer be able to revoke the agreement and it will be permanently concluded. Any early termination will therefore give rise to the compensation discussed above.
We treat your personal data in accordance with the GDPR. This means that personal information is protected under the conditions relating to the processing of that data. Your personal data that you provide as a customer is stored in our processing register and is not provided to third parties.
In order to guarantee the privacy of our users, we also work with usernames.
More information can be found on https://passionforclassics.com/en/privacy-conditions.