GENERAL TERMS AND CONDITIONS FOR THE SALE OF UNREPAIRED, DAMAGED SECOND-HAND VEHICLES

  • Acceptance

The sales contract between Luckx Trade (hereinafter the seller) and the buyer, as well as the resulting deliveries, are governed by the law and these general contract terms, which the buyer acknowledges having read.

Collection of purchased vehicles

  1. Unless otherwise stipulated in writing, the sold vehicles are delivered at the seller’s premises on the agreed delivery date.

  2. The seller is relieved of its delivery obligation as long as the agreed price, including principal and additional costs, has not been paid in full.

  3. The customer must collect the vehicle at their own expense within 14 days from the date of the proforma invoice and/or the date on which a deposit was made. If this does not occur, storage fees of €15 excluding VAT per day per vehicle will be charged until the vehicle is collected.

  • Transfer of risk and ownership

  1. The risks are transferred to the buyer from the moment of invoicing. From that moment, the buyer is responsible for all risks related to the vehicle, even if it remains in the seller’s showroom, without the latter being deemed responsible for its custody or liability. If delivery does not take place at the seller’s premises, the vehicle travels at the buyer’s expense and risk.

  2. By derogation from Article 1583 of the former Civil Code, it is expressly agreed between the parties that the transfer of ownership only takes place after full payment of the agreed price, including principal, interest, and costs.

  • Conformity

  1. Potential buyers of offered vehicles must visit the premises before purchase to ascertain the actual condition of the vehicles. Buyers who choose to purchase remotely, solely based on the multimedia files (photos) provided by Luckx Trade, cannot subsequently complain that the actual condition of the vehicle differs from that shown in the photos. The buyer, having had the opportunity to inspect the vehicle during purchase and delivery, acknowledges receiving the vehicle in good condition.

  2. Luckx Trade is not liable for visible or hidden defects, hidden damage or wear resulting from the impact of an accident, damage existing prior to the accident, bodywork damage, or mechanical damage.

  3. Discrepancies between the actual condition and the visual condition of the vehicle cannot give rise to any form of compensation, damages, or cancellation of the sale.

  4. Private individuals accept that they purchase under the same conditions as professionals, i.e., at their own risk. This means they will acquire a vehicle that is neither repaired, technically inspected, nor delivered. Unless otherwise stipulated, and given that it is a second-hand accident-damaged vehicle, no warranty is provided regarding the condition of the sold vehicle. Due to the lower price, which already accounts for the risk of hidden defects, all vehicles are sold without any warranty for visible or invisible damage or wear of any kind.

  • Payment

  1. The price must be paid by bank transfer or in cash, no later than the agreed delivery date.

  2. A maximum of €3,000 in cash per vehicle per customer can be paid.

  3. In the absence of payment on the agreed delivery date, default interest of 10% per year will be due by operation of law and without notice of default. Additionally, under the same circumstances, the unpaid amount will be increased by damages equal to 15% of the agreed price, with a minimum of €250.00 and a maximum of €2,500.00. These damages are not to be confused with court costs, legal fees, or expense reimbursements, nor with interest.

  • Export outside the European Union

  1. For each vehicle invoiced outside the European Union, an EX1 document must be issued. Any associated costs are borne by the buyer.

  2. The vehicle can never be delivered if the EX1 document has not been received.

  3. For every invoice issued outside the European Union, a deposit of 21% of the total amount of the purchased vehicles is required. This amount is held by Luckx Trade until validation is received from the customs agent Tradubel that the vehicle has left the European Union.

  4. The deposit can be paid in cash or by bank transfer but will always be refunded in the same manner and/or to the same account number.

  • Breaches by the parties in the performance of the contract

  1. Any complaint or dispute must, under penalty of nullity, be detailed, substantiated, written, and sent by registered mail within 8 days following the invoice date.

  2. If the complaint or dispute referred to in the previous paragraph is not addressed, the injured party may either demand the performance of the contract or consider the contract terminated and, if applicable, invoke the provisions regarding damages for cancellation.

  • Termination

  1. The seller reserves the right to consider the sale terminated at the buyer’s expense if the latter has not collected or paid for the vehicle within 28 days after the vehicle’s reservation.

  2. In case of termination of the sale at the buyer’s expense, the seller is entitled to fixed damages for cancellation equal to 15% of the principal amount of the agreed price, with a minimum of €250.00 for business disruption, administrative costs incurred, and lost profits.

  • Applicable law – competent court

  1. Belgian law applies to this agreement.

  2. Only the Belgian courts (Court of First Instance of West Flanders and/or Commercial Court of East Flanders), Kortrijk division, are competent to hear any claim, even incidental or related, based on this contract.

  • Processing of personal data

Luckx Trade ensures the confidential processing of the data you provide, in line with the provisions of Regulation (EU) 2016/679 (also known as GDPR), which replaced the Privacy Act as of May 25, 2018. For more information, Luckx Trade refers to its privacy statement, available on the website www.luckx.trade.