Terms and Conditions

Article 1: Scope and Application

1. Services are provided exclusively to entrepreneurs (natural or legal persons) acting in a professional capacity. By using the platform, the Buyer confirms they hold a valid EU VAT number. These Terms supersede any purchasing conditions used by the Buyer.
2. The offer of PSmotors is primarily intended for businesses purchasing vehicles in connection with their business activities, in particular for the purpose of their subsequent resale as part of their car trading activities.
3. In specific cases, PSmotors may also conduct transactions with businesses engaged in activities other than vehicle trading, as well as with private individuals. In such cases, PSmotors may act directly or as an intermediary, and the transaction, financing, insurance, delivery, or other services related to the purchase of a vehicle may be carried out through a local PSmotors partner operating in the Buyer's country. The scope of responsibility of PSmotors and individual partners may depend on the type and scope of the service provided and the terms of the specific transaction.
4. In the case of a transaction concluded with a business, the Buyer declares that the purchase is made in connection with their business activities and undertakes to provide accurate and up-to-date information about their company, including their EU VAT number, if required for the transaction in question or resulting from applicable tax regulations.
5. In the case of transactions carried out through a local PSmotors partner or involving a private individual, additional terms, rules, or procedures may apply, arising from local legal regulations, the nature of the transaction in question, the scope of services provided, and the rules applicable to the respective partner. With regard to services provided directly by the local partner, their liability and the terms of provision of such services may be specified in separate documents or agreements concluded between the Buyer and the partner.
6. These Terms and Conditions form an integral part of every transaction and agreement concluded through PSmotors. In the case of transactions concluded with businesses, these Terms and Conditions shall take precedence over any general terms of purchase or other terms applied by the Buyer, unless the parties expressly agree otherwise in writing.
7. If PSmotors acts solely as an intermediary in a given transaction between the Buyer and the vehicle supplier or another business partner, the party responsible for performing the service that is the subject of the transaction shall be the relevant vehicle supplier or partner, as applicable, in accordance with the scope of their services and the terms of the specific transaction. PSmotors exercises due care in organizing and handling the transaction and, where necessary, assists the Buyer in communicating with the relevant supplier or partner.

Article 2: Conclusion of Contract and Negotiations

1. Rights of PSmotors: PSmotors is not obligated to accept any offer submitted by the Buyer and reserves the right to reject the offer or make a counteroffer.
2. Finalization: The sales agreement shall be deemed concluded after a PSmotors representative has conducted the "Double Confirmation" by telephone and a pro forma invoice has been issued, unless the parties agree on another method of concluding the agreement.
3. No Right of Withdrawal: In the case of B2B transactions concluded between businesses, the statutory right of withdrawal applicable to consumers does not apply. After the "Double Confirmation" has been completed, the Buyer is obligated to finalize the purchase in accordance with the agreed terms.

Article 3: Prices and Payment Terms

1. Currency and Taxes: All prices are stated in euros (€) and are net prices, excluding VAT, unless explicitly stated otherwise in the offer, in particular where the VAT margin scheme applies.
2. Payment Deadline: The Buyer is required to make full payment by bank transfer within one (1) business day from the date of receipt of the pro forma invoice. The pro forma invoice and the final invoice may be issued by PSmotors or by a business partner designated by PSmotors – the vehicle supplier.
3. Payment Delay: Failure to make payment within the specified deadline constitutes a material breach of the transaction terms. In the event of a delay, PSmotors reserves the right to:
   1. to charge a contractual penalty of 10% of the net value of the vehicle.
   2. to refer the matter to an external debt collection agency for the recovery of the outstanding amount and any related costs.
   3. to temporarily or permanently block the Buyer's account on the platform.
4. Access to the platform may be restored once all outstanding amounts owed to PSmotors, including the applicable contractual penalty, have been paid in full.

Article 4: Vehicle Condition and Mileage

1. B2B Sale "as is": Vehicles are sold as new or used vehicles, in accordance with the description provided in the offer. The Buyer acknowledges that, in particular, used vehicles may have natural signs of use resulting from their age, mileage, and nature of prior use. Such signs of normal use shall not constitute grounds for a complaint.
2. Defects and Warranty: To the extent permitted by applicable law, the Buyer acknowledges the limitations of liability regarding vehicle defects, in particular defects resulting from normal wear and tear. Manufacturer warranties, if still applicable to the relevant vehicle, are transferred to the Buyer to the extent and under the terms applicable by the manufacturer.
3. Mileage Difference: The Buyer acknowledges that the actual mileage of the vehicle at the time of delivery may differ slightly from the mileage indicated in the listing due to the movement of the vehicle within storage facilities, during loading, unloading, and transportation.

Article 5: Logistics, Delivery, and Risk

1. Transport Organization: For safety and insurance reasons, vehicle delivery is organized exclusively by PSmotors or the designated vehicle supplier and is directed to the Buyer's registered business address. Transport is arranged after the Buyer has made the required payment for the transport.
2. Transfer of Risk: The risk of accidental damage to or loss of the vehicle passes to the Buyer upon delivery of the vehicle and signing of the CMR consignment note or an equivalent document.
3. CMR Document: Any visible damage to the vehicle, in particular scratches, dents, damage, or missing components, should be immediately noted on the CMR document in the presence of the driver. Failure to make appropriate remarks on the CMR document may result in the loss of the right to pursue claims relating to visible damage that occurred or was identified during delivery.
4. Dispatch of the Registration Certificate: IMPORTANT: PSmotors will send the original vehicle registration certificate by courier only after receiving from the Buyer a legible copy of the CMR document bearing the Buyer's signature, company stamp, and the vehicle delivery date.

Article 6: Rules for Submitting and Handling Complaints

1. Complaint Submission Deadlines: The Buyer is required to report any visible defects, damage, or discrepancies in relation to the content of the listing immediately upon discovering them, but no later than within 24 hours of the vehicle being delivered. In the case of hidden mechanical defects that could not have been identified upon receipt of the vehicle, a complaint may be submitted within 3 business days from the date of delivery, provided that the vehicle has not been driven more than 100 km since delivery. After exceeding any of the above deadlines or the mileage limit, the complaint may not be accepted or considered.
2. Complaint Submission Method and Documentation: All complaints must be submitted by email to info@psmotors.be. The complaint submission should include complete documentation enabling assessment of the reported damage or discrepancy, in particular:
   1. high-resolution photographs.
   2. a diagnostic report – in the case of mechanical defects.
   3. an estimate of the repair costs.
   4. a legible copy of the CMR document;
   5. any other documents necessary to assess the complaint.
3. Failure to provide the required documentation may result in the processing of the complaint being suspended until the missing documentation is provided.
4. Minor Discrepancies: The Buyer has been informed that, despite very detailed descriptions and photographs of the vehicle, the vehicle may have certain other deficiencies, defects, or minor damage that were not indicated in the listing, in particular due to the possibility of so-called human error. Any such discrepancies, the total value of which does not exceed EUR 600 net, shall be borne by the Buyer and shall not be subject to complaints or claims against the Seller – PSmotors – or its business partners, including the vehicle supplier.
5. Obligation to Accept the Vehicle: The Buyer is required to accept and take delivery of the delivered vehicle, including in cases where any deficiencies, damage, or other discrepancies in relation to the listing are identified upon delivery. Acceptance of the vehicle does not deprive the Buyer of the right to submit a complaint in accordance with the rules set out in these Terms and Conditions.
6. Unauthorized Repairs: The Buyer may not commence any repairs, disassembly, or interfere with the technical condition of the vehicle without obtaining prior written consent from PSmotors. Repairs or other interventions carried out without the prior consent of PSmotors may result in the complaint being rejected, in particular if they prevent the cause of the defect or the extent of the resulting damage from being determined.
7. Complaint Processing Time: Complaints will be processed within 14 business days from the date of submission, provided that the Buyer has provided all required materials and documents necessary for their processing.
8. Liability of the Source Supplier: Any repair costs or significant deficiencies in the vehicle's equipment may be reimbursed to the Buyer only after they have been previously accepted by the source supplier of the vehicle – PSmotors's business partner. PSmotors acts as an intermediary between the vehicle supplier and the Buyer and shall not be liable for discrepancies, defects, damage, or deficiencies in the vehicle where the complaint has not been accepted by the source supplier. Acting as a neutral and impartial intermediary, PSmotors exercises due care to facilitate an agreement between the Buyer and the source supplier of the vehicle in the event of a complaint and to enable an amicable resolution of the dispute.
9. COC Document: The vast majority of vehicles, in addition to the registration certificates from the last country of registration, will also have a COC document (Certificate of Conformity). The absence of a COC document does not constitute grounds for submitting a complaint, requesting a price reduction, or making any other claims against the Seller.
10. Items Not Included in Standard Equipment: Differences in fuel level or other operating fluids, as well as the absence of additional wheel sets, a second set of keys, or other items shown in the listing that do not constitute the vehicle's factory- standard equipment and do not affect its proper operation, shall not be subject to complaints.
11. Compensation Payment Method: Compensation resulting from an accepted complaint will be paid to the Buyer directly by the vehicle supplier or, where such a settlement method has been agreed in advance, through PSmotors.
12. Compensation Amount and Diagnostic Costs: Only the most economical, reasonable, and market-based costs of repair or purchase of necessary replacement parts will be taken into account when calculating the amount of compensation. All costs related to vehicle diagnostics, verification of its technical condition, and determination of the causes of identified deficiencies or damage shall be borne by the Buyer and shall not be reimbursed as part of the complaint, unless they have been previously approved by the vehicle supplier.
13. Delivery Delays: A delay in the delivery of the vehicle does not constitute grounds for accepting a complaint, in particular if the delay results from organizational, logistical, or other circumstances related to the execution of the transport, including so-called human error.
14. Damage Occurring During Transport: If the vehicle is damaged during transport, the transport company shall be responsible for the resulting damage, in particular for damage occurring during the loading, transportation, and unloading of the vehicle. In the event that such damage is reported, PSmotors will refer the matter to the relevant transport company for further consideration and, where applicable, pursuit of claims.
15. License Plates: Vehicles are delivered to the Buyer without license plates. The absence of license plates does not constitute grounds for submitting a complaint or making claims against the Seller.
16. Purchase Through a Financial Partner: If the purchase of the vehicle is carried out through a financial partner, all matters and complaints related to financing, insurance, purchase, or the vehicle handover process shall be handled directly by the relevant financial partner, in accordance with the terms and rules applicable to the respective service.
17. Vehicle Registration in the Buyer's Country: All activities and costs related to registering the vehicle in the Buyer's country, including, in particular, import taxes, excise duty, registration fees, document translations, and other formalities and procedures required by local laws, shall be the responsibility of the Buyer. PSmotors shall not be responsible for carrying out these activities or for any related costs.

Article 7: Liability and Limitation of Liability

1. System Failure: PSmotors shall not be liable for damages resulting from temporary technical interruptions, IT system failures, platform unavailability, or incorrect synchronization of data provided by external suppliers.
2. Indirect Damages: To the extent permitted by applicable law, PSmotors shall not be liable for the Buyer's loss of profits, business interruptions, or any other indirect damages arising from the performance of the transaction.
3. Force Majeure: PSmotors shall not be liable for delays, non-performance, or improper performance of its obligations resulting from circumstances beyond its control, in particular actions of third parties, strikes, transport disruptions, traffic jams, infrastructure failures, natural disasters, or other events constituting force majeure.

Article 8: Intellectual Property

1. All content, the website layout, graphics, logos, photographs, vehicle descriptions, and other materials available on the PSmotors website or platform are the property of PSmotors or are used by PSmotors under the applicable rights and licenses.
2. Without prior written consent from PSmotors, copying, downloading, distributing, reproducing, modifying, or using these materials for commercial purposes is prohibited. Infringement of intellectual property rights may result in PSmotors pursuing appropriate claims in accordance with applicable laws.

Article 9: Governing Law and Jurisdiction of the Courts

1. These Terms and the transactions concluded on their basis shall be governed by Belgian law, subject to mandatory provisions of law that cannot be excluded by agreement.
2. Any disputes arising from these Terms or related to transactions concluded hereunder shall, to the extent permitted by applicable law, be resolved by the competent court having jurisdiction over the registered office of PSmotors. Where the subject matter of the dispute directly concerns the liability of the source vehicle supplier, jurisdiction may be determined in accordance with the registered office of that supplier and applicable law.