General Terms and Conditions

Since: May 2024

Please read these terms and conditions carefully before using Decaigny BV website and services.

By using our website or our services, you declare that you agree to and are bound by these terms and conditions.

§ 1 General matters and contract

  1. The internet site www.cashyourcar.be is a website, which falls under the domain of Decaigny BV, located at Reperstraat 157, 8870 Izegem (hereinafter “Decaigny” or “We”). With this website we want to inform consumers and other visitors (hereinafter “User”) about our website and services.
  2. Our website offers users the opportunity to enter certain vehicle data, in order to then receive an online valuation of his vehicle. The online valuation is entirely without obligation.
  3. The present general terms and conditions (hereinafter “GTC”) govern the use of our website and services. These GTC are binding and shall be applied in each case. We reserve the right to change these GTC at any time and without giving reasons.

§ 2 Online valuation

  1. Our website offers users the opportunity to enter certain vehicle data in order to then receive an online valuation of his vehicle. The online valuation serves only as information on a possible sales price for your vehicle.
  2. Our website's online valuation does not constitute a binding offer to purchase by Decaigny BV, nor a binding offer to sell by the owner of the vehicle.
  3. A purchase of a vehicle by Decaigny BV or an affiliate generally takes place only after the vehicle has been appraised by one of our experts at one of our branches.
  4. Any appraisal, obtained online or sent by email to the user, is based on the vehicle details entered by the user.

§ 3 User rights

  1. Users have the right under these Terms of Use to make a copy of the online valuation form, which is compiled by Decaigny BV.
  2. Use is permitted only for individual and non-commercial purposes. Users may not use the online data in full or in part for the construction of their own database in any media form and/or for commercial purposes.
  3. It is prohibited to make inappropriate use of our services and impede us in doing so.
  4. Users may not extract and/or reuse parts of our services without our written consent. In particular, without Decaigny BV's written permission, users may not use data mining, robots or similar data collectors, to extract for reuse all essential parts of our services.
  5. Integration or other connection into our services, without written permission from Decaigny is not allowed.
  6. Presentation and functionality of our services may differ from one device to another - for example, via the Internet site or via cell phone. It depends on the technology to what extent you can use the functions of our website.
  7. The user grants Decaigny the unrestricted and transferable right to use the content, which the user transferred to Decaigny, such as vehicle data and photos in the context of the valuation of a vehicle at a Decaigny branch, online and offline.

§ 4 Indemnification

  1. We do not guarantee technical defects. In particular for the constant and uninterrupted availability of the website or for the correct display by the content entered from the user.
  2. In case the offer does not arrive, the user can contact our customer service at info@cashyourcar.be.

§ 5 Privacy Policy

  1. The protection of personal data and the privacy of the user of our website are taken very seriously. In order to maintain maximum protection, it is a matter of course for us to comply with all legal data protection regulations.
  2. Responsible authority and service provider is Decaigny BV, Reperstraat 157, 8870 Izegem, tel: 051 31 66 66, e-mail: info@cashyourcar.be, BE 0553.494.965 (“DECAIGNY”). You can contact Decaigny for any questions, regarding the privacy policy. Best by email to info@cashyourcar.be.
  3. Personal data is data, which a user can individually influence. This includes for example email address or phone number. Through our website we collect personal data, when the user provides it to us. This is the case within the scope of the online valuation of a vehicle.
  4. We use this information to the extent necessary to provide our services to the user. Commercial use of the data is done solely for the purpose of self-promotion (including recommendation advertising) by us or affiliated companies. We use your email address, to notify you of similar products or services.

§ 6 Limitation of liability

  1. We always try to ensure, that the services of DECAIGNY are available without interruptions and without errors. Unfortunately, due to our dependence on the Internet, this cannot be guaranteed. Also, your access to our website may be interrupted or limited due to maintenance or the like. We try to limit the frequency and duration of these interruptions.
  2. In case of any negligence in contractual obligations, DECAIGNY shall not be liable. Furthermore, DECAIGNY is not liable for damages caused by negligence. Hereby, negligence is limited by average damages.
  3. The above limitations do not apply to damages caused by health problems or similar physical complaints.
  4. Insofar as the liability of DECAIGNY is excluded or limited, this also applies to the personal liability of employees, representatives and freelancers.
  5. The content of this website is compiled with the utmost care. However, DECAIGNY assumes no responsibility for the accuracy, completeness and timeliness of this content. The use of online content is at your own risk.

§ 7 Disputes

All disputes, controversies or claims arising out of or relating to this Agreement, including its interpretation, validity, performance or termination, shall be settled by mediation. The parties shall use their best efforts to resolve the dispute within a reasonable time and in good faith through a mediation process. If the dispute cannot be resolved within 30 days of written notice of the dispute, it shall be submitted to the competent court of Kortrijk, both parties hereby irrevocably and expressly accepting the exclusive jurisdiction of such courts.

§ 8 Current Credit or Financing

  1. If the seller has any current credit and/or collateral on the vehicle he/she wishes to sell, he/she is obliged to mention this no later than, voluntarily and at the beginning of an appraisal. Even if he/she has not been explicitly asked to do so.
     
  2. He/she is also obliged to disclose the official outstanding balance for this purpose by means of an official written statement (or instalment table) from the credit company or financing institution concerned and the completion of a power of attorney for the retrieval of the relevant file.
     
  3. Non-transmission or deliberate withholding of such information or documents shall entitle to an irrevocable cancellation of the contract as well as compensation for all commercial, economic and legal costs and risks.

§ 9 Copyright and licenses

  1. All trademarks, logos, texts, images and other data on our website are protected by copyright. The modification, further processing and use of media of any kind is strictly prohibited. Any other use is possible only with our written permission.
  2. The unauthorized use of our information, such as logos or trademarks of third parties, displayed on our website violates our rights and the rights of third parties. This is not permitted.

§ 10 Salvation clause

If these terms and conditions are declared invalid, the validity of the remaining provisions shall not be affected. A valid provision, acceptable to both parties, is deemed agreed upon.

§ 11 Applicable law, place of performance and legal position

Only the law of the Kingdom of Belgium shall apply. Place of performance and legal position is Izegem.