The User as defined below,
On the occasion of the customer being put into contact with one of the establishments publishing vehicle sales offers on www.autosphere.be Article 1. DEFINITIONS
For the purpose of the current general terms and conditions of use, the following words and phrases shall have the following meaning when they appear in capital letters. They will have the same meaning whether they are used in the plural or singular: Autosphere.be / Site :
We means the website accessible at www.autosphere.be
or the operator company, as designated in the legal terms of the Site; Customer account:
means the personal space made available to Users, accessible on the Site, allowing them to access, after having identified themselves, all the data concerning them and in particular the advertisements of vehicles they have selected; Dealers/Concessions:
Consolidates all Belgian car dealerships selling the vehicles present on the Site and the “autosphere showroom” dedicated to the exhibition of vehicles.; General Conditions of Use/GCU/Conditions:
Form: represents the vehicle form containing information relative to the Vehicle’s characteristics as well as its price;
Partners: designate the partner companies of Autosphere.be specialised in particular in automobile financing or anti-theft engraving of vehicle windows;
Users/You/Customer: refers to any individual or non-professional natural person who wishes to acquire a vehicle through the linkage services offered by the Site;
Vehicle: refers to any land vehicle with a used motor from Dealerships.
Article 2. SCOPE AND EFFECTIVENESS
2.1. Autosphere.be online at www.autosphere.be
places Vehicle advertisements as well as many features that allow Users to select Vehicles from the used Vehicles presented on the Site.
2.2. Autosphere.be is therefore not the seller of used Vehicles that a User selects and/or buys via autosphère.be. Only the dealer with whom the User is connected through autosphère.be assumes, in the case of sale of a Vehicle, the Seller’s obligations and warranties vis-à-vis the User.
2.3. The consultation of Autosphere.be, and a fortiori the fact for the User to accept the GCU by checking the box “I accept the GCU” at the bottom of the Customer Account creation form, take the full acceptance of the GCU by it, the User acknowledges that they have become aware of them in their entirety.
2.4. The GCU may be amended at any time, without notice, in particular according to the changes made to Autosphere.be or the evolution of the regulation. Any new version of the GCU will be immediately applicable and binding on to Users of the Site.
2.5. Minor Users declare that they have obtained prior authorisation from the holder(s) of parental authority concerning the use of the Site. Any use of the Site by minor Users shall be carried out under the sole responsibility of the holder(s) of the parental authority of the Users concerned. Autosphere.be’s liability will not be incurred in the event of misuse of the Site by a minor User. Article 3. REGISTRATION, CREATION AND ACCESS TO THE CUSTOMER ACCOUNT
3.1 In order to be able to save his/her search for Vehicles and access his/her data during a subsequent connection to Autosphere.be, the User is required to:
i. Create a Customer Account by filling out the online registration form, by choosing a password that the User will be able to modify at any time. A password recovery service will be made available to the User who will be able to request his or her password at any time. All fields on the form marked with an asterisk (*) are considered to be required to be filled in. The User agrees to provide complete, accurate and up-to-date information and to update them. In the event of inaccurate, erroneous or incomplete information, we reserve the right to suspend or close the User’s Customer Account at any time and without notice.
ii. and validate the GCU by checking the “accept general terms and conditions of use” checkbox. By checking the checkbox provided for this purpose, the Customer declares that he/she has read and accepted without restriction or reserve these Conditions.
3.2 Online registration on Autosphere.be automatically leads to the opening of a Customer Account in the name of the User who is assigned a personal space. The User will then receive an email inviting him/her to connect to his/her personal space by means of his/her username and password.
3.3 After opening his/her Client Account, the User will be able to access it directly from the Site by filling in his/her email address and password in the “Login” section or by connecting via Facebook and Google +.
Any intervention carried out with the Customer’s username and password will be deemed to be carried out by the Customer, the Customer being solely responsible. Article 4. DESCRIPTION OF THE FEATURES OF AUTOSPHERE.BE
4.1 Viewing Autosphere.be ads and vehicle search
Autosphere.be allows the consultation of advertisements of Vehicles put up for sale by Dealerships using visual, technical and tariff criteria in particular. Despite daily updates to the ads on the Site, some vehicles may no longer be available upon the connection of Users to Autosphere.be. The availability of the vehicle can only be confirmed by the concerned Dealership during direct contact between the User and the Dealership. Autosphere.be cannot be held responsible for the consequences associated with the unavailability of a Vehicle acquired or reserved in the established interval between two updates of the Site.
Autosphere.be allows for a Vehicle search from a multi-criteria form and the possibility of saving the User’s search criteria. The User’s search criteria will be kept for a period of 1 (one) month within his or her Client Account. Autosphere.be also allows the User to set up a watch for Vehicles that meet all or part of their search criteria. In case of correspondence between the User’s search criteria and one or more Vehicle advertisements presented on the Site, a weekly or monthly alert will be sent to the User by email. The alert system is subject to the User’s prior opening of a Customer Account. The availability of the vehicle(s) can only be confirmed by the Dealership concerned during direct contact between the User and the Dealership.
4.2 Request for information
Using the “We answer your questions” section, we suggest that Users contact Us or be contacted by our sales team for any queries regarding the operation of the Site and/or Autosphere.be’s offer as well as for any request to be put in contact with the Dealership.
CONTACT BY EMAIL
Users are invited to submit their queries using the online form accessible by clicking on the “Email” button. The fields on the form marked by an asterisk must be filled in. Failing that, Users will not be able to be re-contacted. Autopshere.be agrees to respond to Users within the maximum time limit of 48 (forty-eight) hours, excluding weekends and public holidays, following the date of receipt of User requests.
PHONE REMINDER / WEB CALLBACK
We propose to contact You by telephone. To this end, the User is invited to click on the button “We remind you” and to fill in the obligatory fields marked by an asterisk and, in particular, his/her name and the number on which he/she can be contacted. Failing that, Users will not be able to be re-contacted. We will endeavour to contact you, under 48 (forty-eight) hours, at the desired time between 8:00 a.m. and 8:00 p.m. Monday to Sunday, except on public holidays.
CONTACT BY CALLING OUR HELPLINE
Our team is available from 0800 20 280 (price of a local call) Monday to Friday from 8:00 a.m. to 8:00 p.m. and Saturdays from 9:00 a.m. to 7:00 p.m., except on public holidays, to respond to User inquiries and, if applicable, to put them in contact with the Dealerships who will be able to meet their expectations.
4.3 Placing in contact with the dealerships
At the request of the Users, Autosphere.be may put them in contact with the Dealerships who can answer any questions on the Vehicles concerned. Autosphere.be undertakes to notify the Dealerships, as soon as possible, of any request for contact. The Users will be contacted directly, as soon as possible, by the Dealerships. In no event shall Autosphere.be be liable in case of late contact or lack of contact by the Dealerships.
4.4 Presentation of the Vehicle and the supply of accessories by the Dealerships
Each Vehicle deposited on the Site is described in a Form which includes the following elements: - The city where the Dealership proposing the Vehicle is located,
- The description of the Vehicle and its essential characteristics,
- The price of the Vehicle fixed by the Dealership,
- Any trade guarantees granted by the Dealership for the Vehicle.
Autosphere.be cannot guarantee the absence of errors or inaccuracies contained in the Form which the Dealerships deposit. As a result, the Company does not guarantee the accuracy of the Vehicle, the condition of the Vehicle, its availability or its conformity to the Form.
The price of the Vehicles put up for sale by the Site is fixed freely by each Dealership owner of the Vehicle in compliance with the applicable laws and regulations.
The price of the Vehicles is indicated in EUROS all taxes included and is understood without the costs of booking, registration, insurance or any expenses other than those mentioned in these Conditions.
Autosphere.be presents the offer of accessories to Vehicles proposed by all or part of the Dealerships. The description of the proposed accessories is carried out under the exclusive responsibility of the Dealerships concerned and therefore does not engage Autosphere.be. Article 5. SERVICES PROPOSED BY THE DEALERSHIPS AND PARTNERS
Autosphere.be dealers and partners are able to offer directly financing solutions to users, vehicle warranty extensions acquired from them. These services offered by the Dealers and/or Partners engage them only. We will not be party to the contractual relations maintained between the user and the dealers and/or our partners and will not be liable for the damage suffered by the users in the event of breach of dealers and/or our partners to their obligations towards users in respect of these services. The users will be able to obtain an estimated funding offer from an online simulator. The user is informed that the data comes from the Autosphere.be. The simulator offers a rough funding offer and cannot be a firm and final offer from Autosphere.be. Article 6. USER RESPONSIBILITY
Users will be able to share the advertisements of the Vehicles presented on Autosphere.be with the users of the Facebook, Twitter and Google + communities. Users undertake not to associate with the sharing of advertisements of the Vehicles presented on Autosphere.be with words and content of an obscene, racist, religious, discriminatory nature, incitement to hatred, as well as words and contents contrary to regulation, infringing the rights of third parties and personality rights, and in particular of words and contents:
- Reproducing without authorisation a work protected by intellectual property rights (notably trademarks, designs and copyrights),
- Infringement of the right to the image and/or the right to respect privacy,
- The protection of the personal data of a third party.
Redirection to Autosphere.be from sites containing the comments or content referred to above is also prohibited.
Users therefore guarantee Autosphere.be in the event of claims or remedies of third parties of any kind: actions for infringement of copyrights, trademarks and other intellectual property rights, image rights, property claims or all legal actions relating to comments and content shared on Facebook, Twitter and Google + and, more generally, on the Internet, to which the Vehicle announcements presented on Autosphere.be would be associated.
Users are required to keep their username and password access to their Customer Account strictly confidential. Unless otherwise reported by Users, any connection to Autosphere.be will be deemed to have been made by the Users concerned. Any loss, theft, misuse or unauthorised use of login details and the consequences thereof will be the sole responsibility of the Users.
Any violation of the GCU is likely to result in the closing of the user’s Customer Account and the temporary or definitive suspension of access to the Site. All data saved by the User in his Client Account will be permanently deleted. In the event of the dissemination of comments infringing the rights of third parties, we reserve the right to prosecute criminally and/or civilly the User who has made such remarks. Article 7. RESPONSIBILITY OF AUTOSPHERE.BE
Autosphere.be will strive to secure the best access, consultation and use of the Site. We are free to choose the most appropriate form and technical means to make available to Users all the features of Autosphere.be and access to their Customer Account.
The Site will be accessible 24 hours a day, 7 days a week. By way of derogation, Autosphere.be may be temporarily unavailable during maintenance operations necessary for the proper operation of the Site and in the event of an occurrence outside our control. Maintenance operations will be conducted at the discretion of Autosphere.be without notice. In the event of a technical malfunction affecting the operation of Autosphere.be, we undertake to make our best efforts to restore the functioning of the Site as soon as possible.
We cannot be held responsible for external intrusions, the presence of computer viruses in Users’ systems, the possible consequences of any alteration, total or partial, of the operation of the Site originating from a Mis-configuring of their Customer Account by Users and hacking of Users’ Customer Accounts, as it is up to Users to make sure that they log out of their personal space after use. We cannot be held responsible for the interruption or disruption of our providers’ telecommunications services, including hosting. We will not be liable in case of loss or alteration of data saved by Users (vehicle reservations, budget estimates, etc..).
No information or data, whether oral or written, obtained by Users by consulting the Site or by accessing the features of the Site, is likely to create warranties other than those expressly provided for in the GCU. Users are solely responsible for the use they make of this information and data. We shall not be liable for any direct or indirect damages resulting from the use of this information and data by the Users.
Autosphere.be will not be liable for the contents (description of the characteristics, prices and actual availability of the vehicles) provided by the Dealerships and Partners, which are published on the Site under their exclusive responsibility, nor the services offered and carried out by them. Accordingly, we shall not be liable for any direct or indirect damages resulting from the content provided by the Dealerships and Partners and/or from the subscription to the services offered by the Dealerships and Partners.
In no event shall our liability be incurred in the event of indirect damages and, in particular, any commercial, moral and financial damage, including any loss of profits in connection with the use of the Site. Article 8. PERSONAL DATA
The EMIL FREY Belgique SA Group are responsible for the operations carried out on the Autosphere.be site and undertake to ensure that the collection and processing of your data, made from the site, conform to the general regulations on the protection of data (GRPD) and the law on computing and freedoms.
Autosphere.be only collects Customer data for specific, explicit and legitimate purposes. We will only use your personal data if you have consented to it or if that use is based on one of the legal bases provided by law. 8.1 Collecting your personal data
Your personal data is collected in the context of:
- A request to be contacted by an Autosphere adviser;
- The creation of a Customer Account;
- A request to service your car; 8.2 Use of your personal data
You expressly agree that the personal data relating to you that would be collected in this context are only used by Autosphere.be for the following purposes:
- Making contact;
- Access to different features of the Site;
- Making appointments;
- Sending of commercial and/or promotional proposals, emanating solely from companies of the EMIL FREY Belgique SA, subject, where appropriate, to having duly consented thereto;
- Sending satisfaction surveys;
- The realisation of statistics.
The legal basis for processing is based in particular on:
- Article 6, c) of the GDPR – necessary to comply with a legal obligation.
- Article 6, b) of the GDPR – necessary for the execution of a contract.
- Article 6, F) of the GDPR – necessary to the legitimate interests pursued by the controller.
The data will be kept no later than 5 years after the User’s Customer Account has been deleted. 8.3 Communication of your personal data
In accordance with the regulations, Autosphere.be undertakes to retain all personal data collected through its site and to not transmit them to any third party of the EMIL FREY Belgique SA.
By derogation, the User is informed that Autosphere.be may be required to communicate the personal data collected:
- To the authorised administrative and judicial authorities, solely on judicial requisition;
- To the EMIL FREY Belgique SA, owner of Autosphere.be, and where applicable to all companies in that Group;
- For purely technical reasons, the service providers of the site providing the processing and the hosting of the processed data. 8.4 Modifying and deleting your personal data
In accordance with the regulations, you have the right of access, correction, portability, erasure of your personal data or to limit the processing of your information, and to delete your related information, which you can exercise at any time by means of your account. You may also object, if necessary for legitimate reasons, to the processing of your information at any time at the following address : https://www.autosphere.be/contact 8.5 Data retention
Autosphere.be will keep your Personal Data in a secure environment for the duration necessary for the realisation of the purposes for which they were collected and in compliance with the regulations in force. Thus, Customer data is kept for the duration of the contractual relations, increased by 3 years for the purposes of animation and prospecting, without prejudice to the conservation obligations or the limitation periods. The data for the leads is kept for a period of 3 years from the last contact with Autosphere.be. 8.6 Claim
As from the entry into force of the data protection Regulations, you have the right to eventually file a claim with the Data Protection Authority at the following address: Commission for the Protection of Privacy, Rue de la Presse 35, 1000 Brussels Tel. + 32 2 274 48 00 e-mail: firstname.lastname@example.org. Article 9. INTELLECTUAL PROPERTY
The site Autosphere.be, the name “autosphere.be”, the downloadable documents and, more generally, all content disseminated on the Site are protected by intellectual property law. The exploitation rights of the Site, the name “autosphere.be” belong exclusively to Autosphere.be, the Dealership and/or the Partners. Consequently, Users may not, in any way, reproduce, represent, disseminate, modify, concede all or part of the elements of the Site, including audiovisual, graphic and/or literary elements, without the express and prior agreement of the right holders. Reproduction, imitation or representation, wholly or partly, of the intellectual property rights of Autosphere.be, Dealerships and Partners and, in particular the reproduction of all or partial visuals of the advertisements presented on the Site, is liable to constitute an infringement sanctioned by the provisions of the intellectual property Code and/or tort which is such as to incur the civil liability of the violators of the aforementioned rights. Article 10. UNAVAILABILITY OF THE AUTOSPHERE.BE SITE
The Site may be temporarily unavailable. Autosphere.be will not be liable to Users if this failure is the result of an event constituting force majeure. In addition to the cases defined by the jurisprudence as constituting events of force majeure, these events are considered as such: piracy of Autosphere.be, interruption or rupture of telecommunication systems of Autosphere.be service providers. Article 11. CLAIMS
The user can submit any claim by contacting the Company by mail at the following address: EMIL FREY BELGIQUE SA, 124 Rue de Bruxelles, 4340 AWANS. MEDIATION
The GCU are subject to Belgian law.
In case of difficulties in the application of these, the Customer will address the EMIL FREY BELGIQUE SA company as a priority in order to seek an amicable solution. The EMIL FREY BELGIQUE SA company informs you of the existence of the European Dispute Settlement platform, intended to collect any claims arising from European consumers’ online purchases of and to transmit them to the competent national mediators: this platform is available at: http://ec.europa.eu/consumers/odr/. Article 12. MISCELLANEOUS PROVISIONS/LANGUAGE/RULES OF DISPUTES
Annulment of any stipulation of the GCU shall not result in the nullity of all the GCU. The stipulations declared void by any judicial, arbitrary or administrative authority will be replaced by other stipulations whose effects will be economically comparable.
No tolerance by Autosphere.be, whatever its nature, magnitude, duration or frequency, may be considered as creating any right or be construed as a waiver on our part from any of the stipulations of GCU.
The official language of the GCU is the French language. In the case of translation, only the French version of the GCU will be authentic.
The GCU are governed by and subject to Belgian law. In the absence of an amicable agreement, disputes which may arise between Users and Autosphere.be concerning the training, execution, interpretation and/or breakdown of the GCU shall be submitted to the competent Belgian courts, including in the case of Interlocutory proceedings, plurality of defendants and appeal as collateral.