ClassicCarSharks.com

Terms of Use

By using the ClassicCarShark site you agree to these Terms of Use.

Definitions:

  • User:
  • a natural or legal entity who uses this site.

  • Username
  • a name chosen by the user when registering for the first time on the ClassicCarSharks site.

  • User account:
  • the whole of information that a user provides when registering and/ or by subsequent changes.

  • Auction:
  • the sale of a car or automobilia offered on this website.

  • Reserve price:
  • the minimum price stated by the seller when registering the auction car for which he wants to sell the car.

  • Bidder:
  • a natural or legal entity who makes a bid for a car that is auctioned on this site.

  • Bid:
  • amount bid by a user on this site for a car or automobilia

  • Winning bidder:
  • a natural or legal entity who has made the highest bid at the time the auction closes.

  • Auction end date:
  • the day and hour on which the auction ends.

  • Seller:
  • a natural or legal entity who offers a car or automobilia for auction through this site.

  • Car:
  • a car offered for auction on this site.

  • Automobilia:
  • special objects related to cars offered for auction on this site.

  • Assignment:
  • an email to a winning bidder that he/she is the winning bidder for a car or automobilia.

  • Specific conditions:
  • in addition to these terms of use, additional conditions applicable

    to

    a specific auction.

  • Account:
  • the whole of (personal) data entered by a user on this site.

  • Auction Fee:
  • the amount that a winning bidder owes CCS.

  • Inspection Report Fee:
  • the amount a user owes for an inspection report.

  • Photo Service Fee:
  • The amount a user owes CCS for the photo service.

  • CCS:
  • ClasssicCarSharks.

  • Website:
  • the site of ClassicCarSharks: www.ClassicCarSharks.com

  • Platform:
  • the site of ClassicCarSharks.

  • Partners:
  • natural persons or legal entities with whom ClassicCarSharks cooperates.

    Applicability:

    These terms of use (and the specific conditions) apply to any user who uses this site and all legal relationships between ClassicCarSharks and others; the applicability of other (general) terms and conditions than these is excluded. CCS advises all users of this site to read the terms of use thoroughly before using this website. CCS reserves the right to change these terms and conditions without prior notice. By using the website after these terms of use have been amended, the user declares to agree to the amended terms and conditions.

    Article 1. Registration

    1.1 Every user must register on the website.

    1.2 The user can choose a username and password when registering.

    1.3 The use of this site with this username and password is only permitted by the person who created the relevant account and is not transferable.

    1.4 The user provides correct and complete (legal) personal data upon registration.

    1.5 The user is obliged to immediately implement any change in his personal data in his user account on this site.

    1.6 The user is obliged to behave properly on the website and not to cause damage to the website, the name ClassicCarsSharks and/or other users. The user is liable for all actions that take place on the website under his username.

    1.6 By entering his data, the user gives permission to CCS to store, process and use the data provided.

    1.7 By registering, the user accepts the terms of use, the privacy statement and the cookie policy every time he visits the site.

    1.8 ClassicCarSharks has the authority to refuse a registration without giving reasons, terminate or block without prior notice to the user.

    1.9 A user is obliged to behave properly on the website and not to cause damage to CCS and/ or other users. A user is responsible and liable for all actions performed on his user account.

    Article 2. The auction

    2.1 CCS only makes a platform available in the form of an auction site where bidders, sellers and other users can meet.

    2.2 Every offer that a user makes on the website is unconditional, irrevocable and without any reservation.

    2.3 CCS reserves the right to refuse a bid from a user without stating reasons and/or to exclude a user from an auction.

    2.4 In order to bid on a car, the user must register his credit card in his user account. Immediately after registering his credit card, the user must authorize in accordance with European PSD2 legislation that he agrees to charge the fees of ClassicCarSharks in the event that the user has a winning bid in the future. This authorization states an amount of 0 Euro. If the user does not complete the authorization, his bid for a car will be declined.

    2.5 CCS will charge the winning bidder the auction fee to his/her credit card immediately after the auction end date. click here to see how much the auction fee is. After the auction, CCS will provide the highest bidder and the seller with the e-mail address and phone number of the other party.

    2.6 The seller irrevocably authorizes ClassicCarsSharks to inform the winning bidder that he / she is the winning bidder and to communicate his contact details to the winning bidder.

    2.7. The winning bidder irrevocably authorizes ClassicCarsSharks to notify the seller that he / she is the winning bidder and to communicate his / her details to the seller.

    2.8 The purchase/ sale agreement is established by the fact that a bidder has the highest bid at the end of the auction and thus wins the auction. The purchase agreement is concluded between the seller and the winning bidder. CCS is not a party to this.

    2.9 The winning bidder undertakes to pay the full purchase price to the seller within five days of the end of the auction.

    2.10 If the winning bidder does not fulfill his/her payment obligations, he/she will in all cases owe the auction fee to CCS and he/she is legally in default towards the seller and liable for collection costs to be incurred by the seller, loss of interest and any depreciation of the car or automobilia in question. The user who has made the winning bid at an auction authorizes CCS to irrevocably pass on all his contact details to the seller in the event that the winning bidder defaults on payment to the seller.

    2.11 If the purchase agreement between the seller and the winning bidder is dissolved, the auction fee paid by the winning bidder to CCS will not be refunded to the winning bidder.

    2.12 If a winning bidder does not comply with the purchase agreement with the seller, the winning bidder's account on this site may be permanently or temporarily blocked by CCS.

    2.13 The risk of the cars or automobilia auctioned on this site passes from the buyer to the seller at the moment that the seller actually hands over the car or automobilia to the buyer or his authorized representative.

    2.14 If a seller withdraws a car approved by that seller and CCS, whether posted online or not, or withdraws a car that has ended the auction and a winning bidder is known, or the seller does not wish to deliver the car to the winning bidder, the seller owes CCS the auction fee associated with the winning bid, as well as an additional fee of the same amount as compensation for the image damage of CCS. These Fees will immediately be charged to the seller's credit card. This provision also applies if the seller withdraws the car and the auction reaches the end date without reaching the reserve price. In that case, the auction fee is set at the fee corresponding to the original reserve price that is specified by the seller when registering the car for the auction.

    2.15 Cars and automobilia are sold in the condition they are in at the time the auction ends. The purchaser does not receive a warranty on the car or automobilia purchased through this platform and waives any rights he may have to request warranty from the seller and/or to request cancellation of the purchase.

    2.16 Users are not permitted to offer their car via other media during the term of the car offered by them in an auction. This prohibition also applies for a period of 21 days that starts immediately after the end of the auction and a period that starts 21 days before the end date of the auction. If it is established by CCS that a car is being offered via other media during this period, the relevant car will be immediately removed from the CCS website and the auction fee will be immediately payable by the seller and will be charged to his credit card. CCS will notify the seller of this finding.

    2.17 CCS reserves the right to prematurely end, cancel or extend an auction without stating reasons.

    2.18 Users declare that they are aware of the fact that (technical) events may cause malfunctions in an internet auction, as a result of which a bidder is unable or unable to make a bid in time or a user does not have access to the site. ClassicCarsSharks accepts no liability whatsoever for downtime, malfunctions, viruses, delays in connections, maintenance and other events as a result of which this site has no or a reduced function, ClassicCarsSharks accepts no liability whatsoever for damage that could arise directly or indirectly as a result.

    3. Cookies

    3.1 ClassicCarsSharks and its partners place cookies with its users for functional, statistical and commercial purposes in order to optimize the operation of the site and the user experience and to be able to make more targeted offers to users. By using the CCS site, the user declares to agree to this. If you click here you will find our Cookie Policy

    4. Collection

    4.1 If a user does not fulfill his financial obligations towards CCS, CCS will give this user notice of default by e-mail or regular mail. If the user still fails to fulfill his / her obligations towards CCS for more than 7 days , CCS is entitled to charge 15% extrajudicial collection costs on top of the principal sum as well as the statutory commercial interest increased by 3% from the 8th day after the statement of default up to the day of the full settlement of the claim.

    4.2 If the claim including costs and interest by the user is not yet within 30 days after the if the user has paid CCS in full by the user, CCS can hand over the claim to a collection agency whereby all costs incurred will be recovered from the user.

    5. Exclusion of liability

    5.1 ClassicCarSharks will make every effort to present a car or automobilia to be auctioned as correctly as possible on this website.

    5.2 CCS does not accept any liability for inaccuracies, errors, unclear or poor photo and / or video material, incorrect presentation of matters, incorrect and / or incorrect inspection reports, missing and / or incorrect parts and / or documents.

    5.3 In the event that a winning bidder does not fulfill his / her obligations towards a seller, CCS will never become a party to this.

    5.4 ClassicCarSharks makes reasonable efforts to update its website and the underlying software protect against infringements by third parties through technical and organizational measures and procedures . CCS is not liable for damage that users might suffer because of the spread of viruses or other illegal programs via the website.

    5.5 CCS is never liable for direct and / or indirect consequential damage as a result of the use of this website.

    5.6 The CCS website may contain links to other websites. CCS is not liable for any damage that a user might incur when using such a link.

    5.6 If CCS is nevertheless liable at any time despite the exclusions of all liability, the liability of CCS is in any case limited to € 5,000 (in words: five thousand euros).

    6. Prohibition of intellectual property

    6.1 A user is expressly prohibited from using the name ClassicCarsSharks, this website or any part thereof, or making it available to third parties by means of deep link (s) or otherwise, without prior express written permission has been obtained from ClassicCarSharks.

    6.2 The name ClassicCarSharks, the logo of ClassicCarSharks, the technology behind the website is the property of TBON Holding BV and is licensed to Ce Ce eS .

    6.3 In case of violation of the provisions of any stipulation in the terms of use, the offender owes an immediately payable fine of € 50,000, not subject to judicial mitigation (in words: fifty-fifty euros) per violation and for each day that the violation continues after the violator has been summoned by CCS to cease the violation.

    7.0 Jurisdiction

    7.1 These terms of use and all legal acts of CCS are governed by Dutch law. The Courts in the jurisdiction where ClassicCarSharks' place has its place of business are cauthorized to evaluate disputes with the exclusion of all other Courts.

    7.2 If one or more provisions of these terms of use is/ are void and/ or voidable , all other terms and conditions of these terms of use remain in force. CCS will then determine a replacement condition for the void / voided condition as soon as possible, taking into account the scope of the void / voided condition (s) as much as possible

    7.3 If a discrepancy arises between the terms of use in the Dutch language and another language, the Dutch version will prevail over the other language and no rights can be derived from the terms of use in the other language.

    Version 1.0 01.03.2021

    For information about these user conditions or other questions, please send an email to:

    info@ClassicCarSharks.com

    Or by letter:

    ClassicCarSharks

    Ce Ce eS B.V.

    Paterstraat 57

    5025 KH Tilburg

    K.v.K. Nr: 8188.2157

    B.T.W. Nr: NL8622.56.288.B01