October 2022 version
The purpose of these terms and conditions is to regulate the contractual relationship between the customer and the limited liability company Beltia Automotive, owner of the brand The Classic Car Factory, whose registered office is located at 4540 AMAY Rue Waloppe n°2, and registered with the Banque-Carrefour des Entreprises under number 0892.283.303;
Hereinafter referred to as the “Company”;
The term “Customer” refers to any individual or company using the Company’s services or purchasing the Company’s products.
Article 1- General
§1. These general terms and conditions apply to the services listed below, performed by the Company and for which the customer has given his agreement. This includes, but is not limited to, the following:
– the vehicle rental business, hereinafter referred to as “the service(s)” or “the rental(s)”.
– the online sale of collectible motor sport accessories, hereinafter referred to under the general term “the items” or “the orders”.
§2. The present general terms and conditions also apply to any service not covered above and performed by the Company as part of its activity, expressly mentioned to the customer.
§3. In any case, the website customer must be of legal age (i.e., 18 years of age or older). In addition, the visitor to the aforementioned website is referred to under the general heading “Customer”, in order to simplify the terms used in these general terms and conditions.
§4. The term “order” refers to the purchase made by the customer from the www.theclassiccarfactory.be website.
§5. These general terms and conditions apply to sales in Belgium and abroad, and concern the entire contractual relationship between the company and the customer: from placing the order to payment and delivery.
§6. Any additional special conditions attached to the order form and/or invoice take precedence over these general conditions. The general terms and conditions take precedence over any other general or special terms and conditions not attached to the order form and/or invoice. They may be modified at any time by the Company. The latter undertakes to inform the customer as soon as possible. The new version of the general terms and conditions will only apply to contracts concluded after their entry into force.
§7. The customer is bound by these general terms and conditions as soon as the order is validated on the www.theclassiccarfactory.be online sales site. In the case of vehicle rental, if an offer is drawn up, the customer declares that he has read and understood these general terms and conditions by signing the offer as aforementioned. If the offer is validated electronically or by telephone, the customer is bound by these terms and conditions as soon as the agreement is transmitted to the Company electronically or confirmed by the Company in writing.
Article 2 – Quotations, prices and contractual documents
§1. Following a rental request, the Company issues a quotation, valid for three (3) days.
§2. The Company reserves the right to request a deposit at the time of booking. The amount of the deposit is determined by the Company on the basis of the rental period and/or the rental reservation date.
§3. The Company may ask the Customer for a deposit, depending on the type of vehicle. This deposit is payable in cash at the time of collection of the vehicle by the Customer.
§4. The rental amount depends on the type of vehicle and the rental period.
§5. Payment of the rental by the Customer to the Company takes place before the vehicle is handed over; before the rental period begins.
§6. The prices shown on the online sales site www.theclassiccarfactory.be are quoted in euros, including VAT, and are valid on the date of consultation. They are subject to change while stocks last. The final price is communicated to the customer at the time of confirmation of the sale or rental by the Company.
§7. For orders placed on the online sales site www.theclassiccarfactory.be, agreement is given by the customer through validation of the order on this website, as well as through full registration on this same site. Confirmation of the order is sent electronically (e-mail) to the customer by the Company. The order confirmation includes the description, reference and price of the item(s) ordered. Any modification made by the customer will result in a modification of the order confirmation and, if applicable, of the total cost mentioned.
§8. In the event of an order for additional items not included in the offer or order, the general terms and conditions applicable are identical to those laid down for the order initially placed and for which the customer has given his agreement. Any order not included in the initial offer or order must be expressly approved by the customer.
§9. Any modification of the order made by the customer, after submission of the offer or confirmation of the order, must obtain the express agreement of the company. After agreement by the Company, the modification formulated by the Customer will give rise to a modification of the order and, where applicable, of the cost of the order.
Article 3- Discounts
Discounts and rebates may be granted to customers. These discounts and rebates in no way constitute a right on the part of the customer. Moreover, they are strictly linked to the order in question, and can under no circumstances be made general.
Article 4 – Vehicle rental cancellation
§1 In the event of full or partial cancellation of the rental :
-1. less than 32 days but more than 7 days before the start of the rental period by the Customer, the full amount of the deposit paid will be retained by the Company and invoiced to the Customer.
-2. less than 8 days before the start of the rental period by the Customer, the full amount of the agreed rental remains payable by the Customer.
§2. In the event of full or partial cancellation of the rental by the Company, the amount of the rental will not be due by the Customer.
Article 5 – Cancellation of an online order by the Company
In the event of cancellation of an order placed on the www.theclassiccarfactory.be website by the Company, for reasons beyond its control (disappearance or shortage of stock, bankruptcy of a supplier, for example and without being exhaustive), the Company undertakes to offer items of equivalent nature, value and quality to the Customer. The customer is free to accept or refuse.
Article 6 – Online payment and purchase procedure
§1. Payment for items is made as follows:
– Payment by bank transfer or in cash at the company’s offices. In the case of purchases for which payment is not made directly online, the Company provides the price information and the account number to which the Customer must pay in order to validate the order. As soon as payment is received, the Company sends the order or provides the Customer with the information required to collect the order from the Company’s offices. The risks associated with transport are borne by the Customer as soon as he takes possession of his Order.
– payment of the total amount (including VAT) of the items ordered at the time of ordering on the online sales site www.theclassiccarfactory.be, as described in §2 of this article of the general sales conditions.
§2. The Site operates as follows:
– 1. The Customer connects to the Company’s website and selects items to place in the shopping basket. He thus expresses his wish to place an order.
– 2. After registering, the customer enters his delivery and billing details. The total amount of the order, including all taxes and shipping costs, is indicated.
– 3. Once the Customer has received a complete summary of his/her order, he/she confirms that he/she wishes to proceed to the payment stage.
– 4. In the case of online payment, the customer is seamlessly redirected to the payment module site, where he enters his payment preferences and parameters. The Company has no knowledge of the credit card information used. Confidentiality of information is thus guaranteed. Transaction costs are borne by the Company.
– 5. Payment is requested from the financial institution concerned.
– 6. In the event of payment by bank transfer or in cash at the company’s offices, the company will communicate payment instructions and delivery terms to the Customer in accordance with §1 of article 6.
– 7. The customer receives the result of the transaction by e-mail, which he can then print out and keep as proof.
– 8. The Company carries out after-sales processing, sends the parcel to the Customer or gives instructions for the Customer to collect the parcel from its offices, in accordance with these general terms and conditions. Any modification made by the Customer will result in a modification of the order confirmation and, if applicable, of the total cost mentioned. §3. In any event, products placed in a shopping cart or ordered online remain the property of the Company until full payment has been received.
§4. The customer remains solely responsible for his contact data. He/she is responsible for making any necessary changes to these on the Site, for example in the case of a new e-mail address, in order to enable step 6 to be carried out correctly.
§5. The Site has been created as conscientiously as possible. It is intended to present the products offered by the Company. The information contained on the Site is subject to change. The customer is therefore invited to check the information in his possession before making contact. Under no circumstances is the Company contractually bound by any information made available on the Site.
Article 7 – Online vehicle rental procedure
§1. The Site operates as follows:
– 1. The customer logs on to the Company’s website and selects the vehicle they wish to rent and the rental dates. He thus expresses his wish to place an order.
-2. A validation email is sent to the customer
– 3. The Company sends an estimate by e-mail to the Customer. This quote is valid for 48 hours, provided that the vehicle is still available on the chosen dates.
– 4. The Company asks the Customer to confirm the order by return e-mail. The customer is required to pay a deposit to validate the order. The deposit can be paid by bank transfer, cash or credit card at the company’s offices. The customer has 3 working days to pay the deposit. After this time, the order will be cancelled.
-5. The balance and the deposit must be paid before taking delivery of the vehicle.
Article 8- Right of withdrawal
§1. The Customer has a 14-day cooling-off period after taking possession of the Product.
In his letter of withdrawal, the customer must mention his full name, postal address, e-mail address, telephone number and order number, and specify which product(s) is/are being returned.
§2. This right of withdrawal can only be exercised if the products purchased on the Site have not been used or modified in any way, and if the original packaging has not been damaged, the seals are intact, and they are accompanied by the purchase invoice.
As the items sold are unique, rare and collector’s items, any damage, however minor, such as a scratch, a chip or a bent element, will be considered as alteration of the product. The right of withdrawal cannot then be invoked.
This right of withdrawal does not apply to the following products (I) made-to-measure, (II) balanced, (III) destocked, (IV) or special promotions to mark certain events §3. In this case, the products will not be returned, reimbursed or exchanged.
This right of withdrawal allows the Customer to return the items to the Company, at his own expense, within 14 days of sending his request. The Company undertakes to refund all payments received by returning them to the bank account with which the online payment was made by the Customer or by offering vouchers on the Site of equivalent value to the price of the returned product.
Provided that the right of withdrawal is exercised in accordance with the forms and conditions set out in the present article, the Customer will be reimbursed for his purchase within 14 days of receipt by the Company of the returned product.
Article 9 – Delivery times and methods
§1. The purchase confirmation mentions a delivery time. This time is given as an indication only. In the event of delivery after this date, the Customer does not benefit from the possibility of considering the sale null and void. §2. Orders placed on a Saturday or Sunday (and not requiring a lead time) will be processed on the following Monday. Orders placed on a public holiday (and not requiring a lead time) will be processed on the next working day.
§3. The Company reserves the right not to make deliveries during certain periods. The Company undertakes to give its customers advance notice. the Company will make deliveries of orders placed as soon as business resumes.
§4. Delivery times are not binding on the Company insofar as delivery is carried out by a third-party carrier. The Company is therefore not liable in any way for delays in delivery for reasons attributable to the carrier concerned or to third parties. Furthermore, the Company cannot be held liable in any way if it does not deliver the goods itself. Consequently, the risks associated with the carrier are borne solely by the latter, as soon as the products to be delivered are handed over to him. In the event of damage to the goods ordered due to transport and for reasons not attributable to the Company, the latter may agree to replace the Customer’s Order if this proves possible and in agreement with the Customer. Replacement lead times are identical to the original order lead times.
§5. A flat-rate delivery charge is added to the order amount.
§6. Upon receipt of the order, the customer is obliged to check it before the departure of the delivery person or when taking possession of it. Any defects must be reported immediately to the deliverer and the order refused. Refused products are returned to the Company, which will examine whether it can be held liable and, if necessary and subject to the availability of replacement products, will send a new order.
Article 10 – Warranty and defective products
§1 Products sold new are covered by a 2-year legal warranty. Products sold second-hand are subject to a 1-year warranty. The legal warranty only applies to consumers purchasing products for private use.
§2. Any lack of conformity must be reported to the Company within 2 weeks of its discovery. Otherwise, the legal warranty no longer applies.
§3. The Company is in no way responsible for the misuse of the product or vehicle by the purchaser.
§4. The legal warranty will not apply if the purchaser was aware of the defect or condition of the product or vehicle at the time of purchase.
Article 11 – Condition and use of the vehicle
§1. The Company will request a copy of the Customer’s identity card at the start of the rental period. The Customer acknowledges having received the vehicle in excellent working order and cleanliness at the start of the rental period.
§2. The Company will inspect the vehicle to ensure that it is in good working order and clean at the beginning and end of the rental period. The vehicle must be returned to the Company in good working order and clean. If this is not the case, the Customer will pay the repair and cleaning costs at the rates in force for the remuneration of the necessary work. Furthermore, the Company reserves the right to charge a rental price for the period during which the vehicle is unusable, subject to the invoicing of damages. §3. The Customer is always obliged to use the vehicle for the purpose for which it was intended, in a careful and diligent manner (“as a good father of the family”).
§4. The Company is not liable for any damage resulting from misuse of the rented vehicle.
§5. The Company is not liable if the Customer infringes the Highway Code or any other legislation relating to the rented vehicle.
§6. The Company may at no time be held liable for the reimbursement of damage suffered by the Customer or third parties, which is caused by any malfunction of the rented vehicle, whatever the cause, during the entire rental period.
§7. The customer is responsible for all consequences of unauthorized use of the vehicle by third parties.
Article 12 – Seizure, theft and damage
§1. The Customer is obliged to inform the Company within 24 hours of any seizure of the rented vehicle. The Customer is also obliged to inform the Company within 24 hours of any theft or total or partial destruction of the rented vehicle. The Company is not responsible for any seizure, damage or theft during the rental period.
§2. The Customer assumes all costs related to this confiscation and will have to pay for the rental of the vehicle until it is returned to the Company.
§3. The customer is responsible for any seizure, theft, disappearance, vandalism, burglary or damage to the rented vehicle. In the event of complete deterioration of the leased vehicle, the Customer is obliged to pay the Company the new value of the leased vehicle in the case of vehicles less than 15 years old, or the resale value of the vehicle if it is at least 15 years old, within one week of the destruction.
Article 13 – Personal data
§1. Any personal data concerning the Customer as defined by the European Data Protection Regulation 2016/679 (RGPD) is processed in compliance with this Regulation. This data is processed and stored solely for the proper execution of the contractual relationship between the parties, and is under no circumstances passed on to third parties for any other purpose.
§2. The following data is kept by the Company: surname, first name, address, e-mail address, telephone number and, where applicable, account number and credit card number.
§3. The customer has the option of: (i) to object, on simple request and free of charge, to the processing of his/her personal data, for serious and legitimate reasons, unless such objection makes the proper performance of the contractual relationship between the parties impossible; (ii) access, free of charge, the data concerning him/her held by the Company and obtain the rectification of any data that is incomplete, inaccurate or irrelevant; (iii) request the deletion of data concerning him/her from the Company insofar as the retention of data is not imposed on the Company by reason of a legal obligation; (iv) request the portability of data held by the Company to a third party; (v) withdraw, if necessary, at any time, consent to data processing based solely on consent.
§4. Any request concerning the above must be made in writing to the Company’s head office by post, or by email to email@example.com.
§5. The Company may disclose personal information to third parties at the request of any authority legally authorized to make such a request. The Company may also disclose them if such disclosure is required, in good faith, to comply with laws and regulations, or to protect or defend its rights or property.
Article 14 – Complaints
Any claim whatsoever by the Customer, with the exception of those possibly referred to in an article, must be made in writing at the latest 7 days after the occurrence of the event giving rise to the claim, as evidenced by the postmark. The Company undertakes to do its utmost to find an amicable solution that suits all parties. Insofar as a claim is made by the Customer within the aforementioned time limits, and insofar as the Company accepts it, the amount claimed will be limited to the value of the Products or Services concerned.
Article 15 – Invalidity
The invalidity of any provision of these terms and conditions shall not affect the validity of these terms and conditions as a whole. If a clause is rendered null and void, the parties undertake to conclude a clause with similar effect and to insert it in these general terms and conditions.
Article 16 – Application of Belgian law
These terms and conditions, as well as any dispute concerning the validity, interpretation or execution of these terms and conditions, are governed by Belgian law.
All provisions not specified in these terms and conditions are governed by Belgian law.
Article 17 – Settlement of disputes and competent courts
In the event of a dispute, mediation between the Company and the Customer is preferred. If, however, no agreement can be reached, the competent courts are those of the judicial district of the Company’s registered office.