CARDOEN WEBSITE GENERAL TERMS AND CONDITIONS
1.1 The Cardoen website can be accessed by using the following link: www.cardoen.be.
1.2 The website is published by NV DATOS, trading under the name of ‘Cardoen’, with company registration number 0425.303.824, the registered office of which is located at Boomsesteenweg 950-958, 2610 Wilrijk.
1.3 Consumer is understood to mean any natural person who acts exclusively for non-professional purposes and who concludes a distance agreement with the company ‘Cardoen’.
1.4 The access to and use of the website are governed by these terms and conditions and by the applicable legislation and regulations. These terms and conditions are binding and are presumed to be accepted by the website users.
1.5 Cardoen reserves the right to amend the terms and conditions, the access to, and the content of the website at all times without advance notification. The applicable terms and conditions are always those applicable at the moment at which the order/reservation is made.
1.6 The nullity of one or more provisions of the terms and conditions do not have any influence whatsoever on the validity of the set of terms and conditions. The provisions of these terms and conditions apply without prejudice to the applicable statutory or regulatory mandatory provisions or public order provisions.
2. Intellectual Property
Any pictures of products and any supplies, logos, design, images, animation, text, videos, and other signs and content on the site are Cardoen’s property. These elements are protected by intellectual property rights and may not by any means whatsoever form the object of a reproduction without Cardoen’s advance and written permission.
Cardoen is not liable for possible viruses to the extent that these might occur on the Cardoen website, despite the existing control measures. Nor is Cardoen liable for the content or use of websites to which the Cardoen website is linked.
Cardoen can by no means whatsoever be held liable for any loss or damage (direct, indirect, tangible, or intangible) arising from the use of the website.
4. Personal details
Any information on the users is processed in accordance with the Privacy Act of 8 December 1992. The personal data collected are only used for the purposes referred to in these terms and conditions.
5. Products and prices
The information and illustrations on the website are based on the technical data of the vehicles at the moment that they are put on the website and therefore online. Cardoen reserves the right to make any changes to the models, equipment, properties, prices, and availability at all times and without any advance notice.
Certain models, components, and accessories can differ slightly from the actual situation. The colours depicted only provide an impression of the what they are really like and also depend on the user’s screen settings.
6. Reserving through the website
6.1 Any customer has the option of reserving a particular car through the website, provided that a down payment in the amount of EUR 100 is paid. In that case, Cardoen will reserve the car for a period of seven days.
6.2 A customer cannot reserve more than two cars through the website and shall need to pay an amount of EUR 100 per reservation.
6.3 After having made the reservation, Cardoen will invite the customer to come and view the car within a period of seven days.
6.4 After he or she has viewed the car, the customer has the option of purchasing the car, adding any options, or purchasing another car. If the customer purchases the car or another car, such purchase shall be ratified by signing a sales agreement and the amount of EUR 100 shall be subtracted from the purchase price.
6.5 If the customer decides not to purchase a car and notifies Cardoen accordingly, or if he or she fails to respond within seven days after the reservation, Cardoen shall fully reimburse the customer for the down payment within thirty days.
7. Orders through the website
7.1 Any customer has the option of purchasing/ordering a particular car through the website, provided that an advance payment in the amount of EUR 500 is made. An order can only be registered on the website if the customer has opened a user account there.
7.2 After the advance payment has been made, Cardoen shall contact the customer to make a specific arrangement for the payment and delivery of the vehicle.
7.3 After the car has been viewed, the order shall be confirmed in the Cardoen branch by signing a sales agreement. The advance payment of EUR 500 that has been made shall be subtracted from the purchase price.
7.4 The consumer has a period of 14 days to revoke his or her purchase/order. The period commences at the moment at which the consumer ordered the vehicle through the website and the consumer received Cardoen’s confirmation of this. If the consumer wishes to revoke the order or purchase, he or she must notify Cardoen accordingly in writing.
7.5 If revocation is made in good time, the advance payment in the amount of EUR 500 shall be re-deposited into the consumer’s bank account within thirty days.
8. Vehicle availability
Cardoen cannot guarantee that all the cars shown on the website are actually available because there is a real chance that several customers reserve/order the same car at the same moment. In that case, Cardoen shall notify the customer of this within 48 hours after the reservation has been made or the order has been placed.
If a car is not available and regardless of any confirmation emails that Cardoen has sent the customer, both parties can cancel the transaction without any form of compensation for damages and there shall be no sale. Cardoen shall re-deposit the advance payment/guarantee paid by the customer into the customer’s bank account within thirty days.
9. Transfer of rights and obligations
The customer is free to choose at which one of Cardoen’s car supermarkets stated on the website he or she wishes to purchase/reserve the car. If the customer opts for a car supermarket that does not trade under NV DATOS, the rights and obligations are transferred to the manager of the respective Cardoen branch.
10. Disputes and applicable law
Belgian law applies if there is any dispute regarding the use of the website and the terms and conditions stated herein. Only the courts of Antwerp are competent to take cognizance of disputes, subject to the provisions of mandatory law or of public order that might refer to another (territorially) competent court (consumer disputes).