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 GENERAL CONDITION

A. Scope of application

A.1 For the services that you (the "User") may use as a professional [or private] retailer on the CARTOBIKE websites, these General Terms and Conditions, as well as the specific provisions of the service package you have chosen, the terms of use, and our Data Protection Information, shall apply to the exclusion of all other documents.

The services concerned are those provided by the company CARTOBIKE (hereinafter "CARTOBIKE"), whose registered office is located at Place du Champ de Mars, 5, 1050 Brussels - Belgium and registered with the Crossroads Bank for Enterprises under number 0790.589.788.

A.2 Agreements may be made verbally provided that they are confirmed in writing and accompanied by these general terms and conditions. The user may object to the agreement within two weeks without incurring any costs. In this case, the cancelled agreement shall be deemed not to have existed. Special or ancillary agreements made before the conclusion of this agreement shall only become part of this agreement if CARTOBIKE expressly confirms them again in writing. Subsequent changes to this agreement shall be confirmed in writing to be valid. Conflicting General Terms and Conditions submitted by the User shall not be accepted.

A.3 CARTOBIKE reserves the right to modify these General Terms and Conditions if such modifications appear reasonable to the User, taking into account the interests of CARTOBIKE. This shall be the case in particular if the changes do not result in any economic disadvantage to the User, for example in the case of changes in the registration process or in the case of adapting the General Terms and Conditions to take account of changes, new services or new functions.

A.4 CARTOBIKE undertakes to notify the User by e-mail of any modification of the General Conditions and to indicate that the modifications will be considered as accepted unless the User objects within a period of 4 weeks.

B. Purpose of the services

B.1 CARTOBIKE manages an Internet platform on which advertisements can be placed and managed by the User free of charge or in return for a paid subscription. The purpose of the services provided is to enable the placement of advertisements for products in a database and to make these advertisements accessible to third parties via the Internet. The scope of the services provided may be extended in agreement with the User according to the specific service packages chosen by the User.

CARTOBIKE is therefore an online trading platform, where supply and demand are brought together, thanks to the provision of space for the display of advertisements (the "Service"). The provision of certain paid services may depend on the nature of these services.

B.2 The use of the services and the database by the User is only permitted within the limits and conditions defined in these General Terms and Conditions (in particular in Article C) and possibly in the specific service package.

B.3 CARTOBIKE reserves the right to modify, at any time, the paid services, in whole or in part, to stop them or to replace them by other services as long as it is reasonable for the User. The User may not demand the continuation of specific services, in whole or in part (in particular individual features). This shall apply in particular to services which are not explicitly described in the chosen service package or which are offered without additional consideration after conclusion of the contract by CARTOBIKE.

B.4 The advertisements published on the CARTOBIKE site must correspond to products, still for sale, that can be sold on the European Market, indicate a selling price including all taxes, expenses and minimum legal guarantees, and contain information (text and photos) that accurately describes the products for sale.

C. Rights of use

C.1 By transmitting his advertisements, the User grants CARTOBIKE and its affiliates the following non-exclusive and transferable rights, for the legal duration of the rights concerned and for the whole world, relating to the content transmitted (including the right to grant sub-licences):

Archiving and database right, i.e. the right to archive content in any form and in particular to record it, including in digital form, to integrate it into databases and to store it on all known storage media and on any data carrier, as well as to link it to other works or parts of works;

Reproduction and dissemination rights, i.e. the right to randomly store, copy and make available or disseminate the content by electronic means or any other media (e.g. Internet, newspapers and magazines) in part or in full;

Editing rights, i.e. the right to edit the contents in any way, and in particular to change, shorten, supplement and link them to other contents. In particular, CARTOBIKE shall be entitled to have the aforementioned activities carried out by third parties.

C.2 All content (e.g. texts, advertisements) or trademarks (trademarks, company names, logos) made available on the CARTOBIKE websites may be protected by copyright, trademark law and possibly by competition law.

For the purposes of the contract, CARTOBIKE grants the User a non-exclusive and non-transferable right, for a period equal to that of the contract, and without the possibility of granting sub-licences, to use the contents thus made accessible within the limits of a usual use in accordance with the contract - as determined by the object of the contract and the service packages.

Excessive use of this right shall constitute misuse and may be pursued by CARTOBIKE in accordance with civil law and possibly criminal law. Misuse shall be constituted in particular by :

  • Automatic database interrogation using software; or
  • Copying the contents of the database (in part or in full) and making them available on other websites or in other media, with the exception of the contents that are specific to the User concerned.

C.3 Insofar as CARTOBIKE provides the User with the computer programs necessary for the execution of the contract outside of Internet access, CARTOBIKE grants the User a non-exclusive and non-transferable right, for a duration equal to that of the contract, and without the possibility of granting sub-licences, to use the said programs on as many computer equipments as the User uses.

C.4 Any unauthorised use of the rights indicated in Articles 3.2 and 3.3 shall result in the application to the User of a contractual penalty of a minimum amount of € 5,000.00 payable to CARTOBIKE. CARTOBIKE reserves the right to claim compensation for greater damages in order to fully compensate the loss suffered.

D. Conclusion of the contract via the Internet, registration

D.1 The User undertakes to register in order to use the services. Legal entities or natural persons of full age and capacity are entitled to register. The person carrying out the registration on behalf of a legal entity must be duly authorised to conclude such a contract.

D.2 The User shall faithfully complete the information fields requested during the registration. For the purposes of registration and this contract, CARTOBIKE shall be entitled to request an extract from the trade and company register as well as any other document or information that is deemed to be obligatory or relevant for the conclusion of the contract or for the maintenance of the contractual relationship.

D.3 The sending by the User of his registration data to CARTOBIKE is equivalent to an offer made to CARTOBIKE to conclude a contract.

D. 4 Each User (i.e. each professional seller) is only allowed to make one registration per marketplace. If a User has several branches, each branch must take out a separate subscription. The registration with CARTOBIKE is not transferable. Each User defines his own password.

D. 5 The User shall immediately notify CARTOBIKE about any change in his data.

D. 6 The User shall not reveal his password under any circumstances, even if he is asked to do so. CARTOBIKE informs the User that the employees of CARTOBIKE are not authorised to ask him for his password. If you have forgotten your password, you can request - via the "forgotten password" function - that a new password be sent to you at the e-mail address you have indicated.

D. 7 The User shall be liable for any damage that may result from the fact that third parties have become aware of his password due to his negligence or in a deliberate manner. The User shall immediately inform CARTOBIKE, by e-mail, via the feedback area, in case of theft of his password or if he has knowledge of a fraudulent use of his password.

E. Awards

E.1 The basic price of the services provided by CARTOBIKE is always exclusive of VAT and depends on the contractually agreed service package. If the User should benefit from additional services to those contractually stipulated in the service package, CARTOBIKE shall invoice them retroactively in accordance with the current rates.

E.2 Price adjustments during the term of the contract shall be notified to the User 4 weeks before they become effective. In this case, the User shall have the right to unilaterally terminate the contract on the date the price increase comes into effect. The User shall on the other hand be considered to have accepted the modified prices if he continues to use the services of CARTOBIKE after the entry into force of the said modified prices.

F. Payment, maturity, default

F.1 CARTOBIKE will invoice its services on a monthly or annual basis in advance (i.e. at the end of the subscription period at each renewal). The invoice will be prepared by CARTOBIKE and will be available to the User on his profile in the "invoice" section.

F.2 If the subscription is not renewed, CARTOBIKE shall keep the advertisements published as well as the data encoded by the User without it being visible when the User no longer has access to the services subscribed with the subscription.

If the User does not reactivate the renewal of his subscription within 30 days from the expired subscription period, the User expressly acknowledges that his advertisements as well as all the data linked to the subscription may be deleted at the discretion of CARTOBIKE.

F.3 The fact that no product has been published by the customer in any period of the contract does not relieve the customer of its obligation to pay the periodic fee provided for in the contract unless expressly waived.

F.4 Any complaint about our invoices must be sent to us by registered letter within 8 days of receipt. Otherwise, the invoices will be considered as accepted without reservation.

G. Duration of the contract, notice of termination

G.1 Subscriptions are taken out, depending on the case, for a monthly or annual period. Subscriptions are renewed automatically on expiry, without any further formality, unless the User notifies the non-renewal of the subscription on expiry via the subscription section of his profile.

G.2 The parties retain the right to unilaterally terminate this agreement at any time to the extent permitted by law. CARTOBIKE shall in particular be entitled to unilaterally terminate the agreement if :

a. the User breaches the main provisions of the General Terms and Conditions or if the User does not comply with his main obligations under the contract and has not remedied this within 10 working days of being given notice to do so. For the purposes of this article, the "main stipulations" of these General Conditions include in particular

Article C (obligation to use the rights granted by CARTOBIKE only within the authorized limits) ;

Article D.2 (obligation to provide truthful information);

Article D.7 (prohibition of disclosure of the password to third parties) ;

Article B.4 and L (obligation to comply with the Requirements for the Presentation of Advertisements and not to place illegal or illicit content);

b. the User has not paid his invoices 30 days after the due date or unjustifiably objects to the direct debit notices.

c. the User becomes insolvent (e.g. if he/she no longer pays wage declarations or supplier debts), or if the User is in excessive debt;

d. bankruptcy, liquidation or similar proceedings have been opened in respect of the User's assets, or if the opening of such proceedings has been requested and is not rejected within 5 days.

  1. Blocking of content or access - other sanctions

H.1 The acceptance of the contents proposed by the User is at the discretion of CARTOBIKE. CARTOBIKE shall have the right to refuse the insertion of content proposed by the User or to remove such content after insertion, in particular :

  • If these contents do not comply with the terms of use; or
  • If CARTOBIKE considers these contents to be contrary to the law.

H.2 If a third party complains about a content inserted by the User, CARTOBIKE is entitled - in order to avoid any risk of prosecution - to immediately remove this content without being obliged to verify the merits of this complaint.

H.3 CARTOBIKE is entitled to immediately block the access of the User if :

  • The User has repeatedly violated the rules relating to the Terms of Use of CARTOBIKE ;
  • The User has repeatedly violated the rules relating to the presentation of CARTOBIKE Advertisements, or if he has placed illicit content;
  • The User does not pay his/her invoices, cancels the direct debit of invoices, or unjustifiably objects to a direct debit notice;
  • There is a justified suspicion that a third party is (co-)using the User's access;
  • In case of misuse of the database or of the rights of use provided for in Article C above.

H.4 In all cases, the User shall be notified in writing in a timely manner before the blocking takes place. CARTOBIKE may request payment of a fee of €75.00 to proceed with the unblocking.

H.5 If, in spite of the written warning, the User continues to violate the provisions of this Article H, CARTOBIKE shall take the necessary measures to exclude the User permanently. CARTOBIKE may also demand a penalty of €500.00 per week started during which the infringement or misuse continues. Likewise, in case of failure relating to the designation of an advertisement (for example, an advertisement of a professional seller presented as coming from a private individual), CARTOBIKE may claim a contractual penalty of € 500.00 per vehicle thus presented.

I. Responsibility for contents, guarantee

I.1 The User is solely responsible for the legality or accuracy of the contents he has placed. As a provider of technical services, CARTOBIKE does not act as a mediator or as a representative of the User, nor does it act on the instructions of the User. In accordance with Articles 19 and 20 of the Act on Certain Legal Aspects of Information Society Services, CARTOBIKE is not under a general obligation to monitor the information it transmits or stores, nor to investigate circumstances indicating any illegal activity.

I.2 The User shall indemnify CARTOBIKE against all claims made by third parties against him because of an infringement of their rights resulting from his advertisement or, more generally, from the use by the User of the CARTOBIKE Internet site. To this end, the User also undertakes to compensate CARTOBIKE for the costs incurred in his defence, including all legal costs and lawyers' fees. These provisions shall not apply if and only to the extent that the User is not responsible for the violation of the law.

J. Guarantee

J.1 CARTOBIKE guarantees an availability of the database of more than 90% on average during the year in question. For the purposes of this article, "availability" means that the contents can be integrated into the database and that the data can be retrieved from the database.

J.2 "Availability" shall not include periods of time required for system maintenance and interruptions for offline backups - provided that these periods and interruptions are of reasonable duration - as well as interruptions due to force majeure or other causes that CARTOBIKE cannot control. This includes, for example, emergency measures to prevent the spread of viruses. CARTOBIKE undertakes to announce such disruptions on its website, if possible in advance.

J.3 With regard to the insertion of image and video files, CARTOBIKE is not responsible for the quality of the rendering, and in particular for colour differences.

K. Responsibility of CARTOBIKE

K.1 Under the conditions set out in this Agreement, CARTOBIKE shall be liable for damages to the User (1) caused intentionally or by gross negligence by CARTOBIKE, its legal representatives or its agents; (2) arising from the failure of CARTOBIKE to fulfil one of its essential obligations under this Agreement; (3) based on the Product Liability Act; (4) if, within the framework of these General Terms and Conditions or the specific provisions of a service package, CARTOBIKE has either given specific guarantees for the services provided or has deliberately made false statements to the User, and/or (5) as a result of an injury to life, body or health resulting from a breach of duty on the part of CARTOBIKE, its legal representatives or its agents.

K.2 CARTOBIKE shall be fully liable for the amount incurred for damages caused intentionally, by gross negligence, or in case of injury to life, limb or health. Other claims for damages shall be limited to those damages that are reasonably foreseeable for this type of contract. In the event of a failure in the performance of a service, the parties expressly agree that the amount of such damages shall not exceed 5% of the price of the service concerned. Liability for defective products is determined by the legal provisions.

K.3 CARTOBIKE shall not be held responsible for any loss of data of the User.

K.4 Insofar as CARTOBIKE is only liable according to Article K.2 for the amount of reasonably foreseeable damage, the total liability of CARTOBIKE under this contract shall be limited to a maximum amount of € 5,000.00 for all damage or, in the case of purely material damage, to a maximum amount of € 2,000.00 `

K.5 Insofar as CARTOBIKE is only liable according to Article K.2 for the amount of reasonably foreseeable damage, CARTOBIKE shall not be liable for indirect or consequential damage or loss of profit.

K.6 Apart from the cases provided for in Articles K.1 to K.3, CARTOBIKE shall not be held liable on any legal grounds whatsoever.

K.7 Insofar as the liability of CARTOBIKE is excluded, the personal liability of employees, workers, representatives and agents of CARTOBIKE shall not be claimed.

L. Responsibility of the User

L.1 The user shall comply with the rules for the presentation of advertisements in the placement and layout of content and shall ensure that the content does not infringe legal provisions (in particular copyright and trademark law as well as competition law)

In particular, the User shall refrain from making available any content that violates criminal law (e.g. defamatory, insulting, racist or pornographic content), or any content that would damage the reputation or honour of a third party.

L.2 The User shall be obliged to inform CARTOBIKE, at the latter's request, of any recourse by a third party based on the violation of the obligations determined in Article L.1, and to compensate CARTOBIKE for the damages that may result from the said violation, in particular all costs reasonably incurred by CARTOBIKE for its defence.

M. Final clauses

M.1 This agreement between the User and CARTOBIKE is subject to Belgian law, the United Nations Convention on the International Sale of Goods (Vienna Convention) being expressly excluded. Any dispute relating to the conclusion, interpretation or execution of the present contract shall be under the exclusive jurisdiction of the courts of the headquarters of CARTOBIKE

M.2 Any changes or additions to the contract, including to this Article, shall only be valid if confirmed in writing. The requirement of a writing shall in particular be fulfilled in case of the use of a fax or e-mail.

M.3 Subject to notification with a notice period of 4 weeks, CARTOBIKE may assign its rights and obligations from this contractual relationship to a third party in whole or in part. In this case, however, the User shall be entitled to terminate this Agreement with immediate effect after notification of the assignment.

M.4 If any of the provisions of this Agreement are invalidated or declared unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable the remaining provisions of the Agreement, which shall remain in force between the parties. In such a case, the parties shall endeavour to negotiate in good faith a replacement provision whose effects shall be as close as possible to the original intention of the parties.

General Conditions applying to professional sellers [and private individuals] using the services provided by CARTOBIKE and accessible via the website [website address] ("General Conditions")