GENERAL TERMS OF USE

CONTRAT DE PRESTATION DE SERVICES

General Terms & Conditions

www.SereniMax.com

 

1.        Preamble

 

The present GTC’s (hereinafter GTC’s) shall apply, without limitations or restrictions to all services provided by SereniMax SA (hereinafter SereniMax), a public limited company registered under the Belgian legislation, with its corporate headquarters at 62 rue Désire Desmet, B-1030 Brussels, registered before the Bank of Enterprises under the company number BE 0689 785 608, on its online marketplace accessible via the internet on www.SereniMax.com (hereinafter the Website) and on its mobile versions (applications, webapps, mobile apps), namely a set of services destined to insure, reassure and warrant a car buyer against selected risks and fears associated with such purchase. Besides putting in contact buyers with sellers, SereniMax arranged a set of additional services through external providers, such as an insurance, a roadside assistance, a diagnosis, a warranty and a payment service.

 

The present GTC’s are here to define the conditions for using the Website, the relations established between the Website and its Members, between the Members themselves, as well as between the Members and third-party organisations involved. The present GTC’s apply to the exclusion of any other conditions, to all users, upon registration as a Member of the Website, and are available at any time on this Website and shall prevail over any other version, if any, or over any other contradictory document.   

 

If you agree to the present GTC’s on behalf of a company or a legal entity, you represent and warrant that you have the right to involve such company or legal entity in accordance with these GTC’s.

 

2.        Definitions

 

Assistance Premium: amount paid by a Potential Buyer to the Assistance Partner in order to have a Vehicle get the status of Covered Vehicle.

 

Assistance Partner: company having the capacity to provide various classes of assistance services, including roadside assistance, and partnering with SereniMax to cover each Test-drive with a specific roadside assistance policy. The Assistance Partner will differ depending on the country of registration of the Vehicle and its details (identity, address and registration number) are enumerated in Article 4.8.1.

 

Booking Fee: amount paid by a Member to SereniMax for the provision of the booking part of the Test Service or the Check Service or the Care Service.

 

Care Service: service provided through the Website and allowing the optional subsequent Warranty of a Vehicle if the latter is effectively purchased, regardless of whether the purchase was paid through the use of the Pay Service or not.

 

Care Service Fee: sum of the Booking Fee and Warranty Premium.

 

Check: diagnosis of the Vehicle by the Diagnosis Partner, consisting of the verification of numerous key points, destined to give the Potential Buyer a precise view of the Vehicle's condition before deciding to purchase it or not.

 

Check Fee: amount paid to the Diagnosis Partner for the provision of the Check.

 

Check Service: service provided through the Website and allowing the subsequent Check of a Vehicle. The Check Service includes the provision of a booking service.

 

Check Service Fee: sum of the Booking Fee and Check Fee.

 

Covered Vehicle: Vehicle used during a Test-drive and benefitting from the Specific Assistance Conditions and the Specific Insurance Conditions.

 

Deductible: amount possibly paid by the Potential Buyer to the Insurance Partner or to the Seller, to cover for what is deducted from the compensation to be paid by the Insurance Partner to the Seller following a damage to his Vehicle. It is meant per event and per Covered Vehicle.

 

Deposit: amount blocked -but not necessarily debited - on the credit or debit card, or on the Electronic Wallet opened by the Potential Buyer at the Electronic Money Institution and intended to cover certain costs that may be charged to the Potential Buyer after a Test-drive has ended, such as fines, miscellaneous costs or the Deductible.

 

Diagnosis Garage: workshop garage belonging to the network of the Diagnosis Partner, and having the capacity to perform the Checks.

 

Diagnosis Expert: expert working for the Diagnosis Partner, and having the capacity to perform the Checks.

 

Diagnosis Partner: company having the capacity to provide through a franchised network of Diagnosis Garages and/or Diagnosis Experts, the set of checks & verifications together comprising the Checks. The Diagnosis Partner will differ depending on the country of registration of the Vehicle and its details (identity, address and registration number) are enumerated in Article 5.4.

 

Electronic Money Institution: electronic money issuer duly registered with a financial market authority and partnering with SereniMax to enable & secure the payments happening on the Website. The Electronic Money Institution will differ depending on the country of residence of the Potential Buyer and its details (identity, address and registration number) are enumerated in Article 8.1.

 

Electronic Wallet: electronic money account opened by the Electronic Money Institution in the name of the Member, on which the latter will be able to deposit, manage and retrieve funds. The Electronic Wallet may under no circumstances be compared to a deposit account, a current account or a payment account.

 

Final Sale Price: price effectively negotiated & paid by the Potential Buyer and the Seller for the actual purchase of the Vehicle, regardless of whether the purchase was paid through the use of the Pay Service or not.

 

General Payment Conditions: general terms of use of the services provided by the Electronic Money Institution, described in Article 8.2. By accepting the present GTC’s, one also accepts the General Payment Conditions.

 

Insurance Premium: amount paid by a Potential Buyer to the Insurance Partner in order to have a Vehicle get the status of Covered Vehicle.

 

Insurance Partner: company duly registered with a financial market authority and having the capacity to provide several classes of insurance, including motor vehicle insurance, and partnering with SereniMax to cover each Test-drive with a specific insurance policy. The Insurance Partner will differ depending on the country of registration of the Vehicle and its details (identity, address and registration number) are enumerated in Article 4.8.2.

 

Instructions: document sent to the Potential Buyer and/or the Seller, and detailing important instructions to follow before, during and after a Test-drive.

 

Member: any User who creates a profile on the Website, after accepting the present GTC’s. A Member may be a Seller and/or a Potential Buyer.

 

Minor Problems: minor problems having occurred during a Test-drive such as dirt spots, damaged equipment, light damages, delays, parking fines, etc. and which do not necessitate the intervention of a professional to repair the Vehicle.

 

Major Problems: problems having occurred during a Test-drive such as damages caused by a traffic accident, collision damage, scratches, heavy stains etc. and which clearly necessitate the intervention of a professional to repair the Vehicle.

 

Pay Service: service provided by SereniMax through the Website and allowing the actual payment of a Vehicle by a Potential Buyer.

 

Pay Service Fee: amount paid to SereniMax for the provision of the Pay Service.

 

Potential Buyer: Member who wishes to buy the Vehicle of a Seller.

 

Initial Sale Price: original sale price of the Vehicle, as set by the Seller.

 

Seller: Member who has full ownership of the Vehicle to be sold, or who obtained a written permission from the person who actually owns it to make the said Vehicle available on the Website.

 

Specific Assistance Conditions: special assistance guarantees described on www.serenimax.com/assets/pdf/CGU-SereniMax-specific-assistance-BE-FR.pdf provided by the Assistance Partner specifically to the Members of the Website during the Test-drive. By accepting the present GTC’s, one also accepts the Specific Assistance Conditions. Although the present GTC’s contain in article 4.8 a summary of the Specific Assistance Conditions, in the event of discrepancies between the Specific Assistance Conditions and the summary contained in such article 4.8, the Specific Assistance Conditions shall prevail.

 

Specific Diagnosis Conditions: special diagnosis conditions described on www.serenimax.com/assets/pdf/CGU-SereniMax-specific-check-BE-FR.pdf and provided by the Diagnosis Partner specifically to selected Members of the Website. By accepting the present GTC’s, one also accepts the Specific Diagnosis Conditions. Although the present GTC’s contain in article 5.3 a summary of the Specific Diagnosis Conditions, in the event of discrepancies between the Specific Diagnosis Conditions and the summary contained in such article 5.3, the Specific Diagnosis Conditions shall prevail.

 

Specific Insurance Conditions: special insurance guarantees described on www.serenimax.com/assets/pdf/CGU-SereniMax-specific-insurance-BE-FR.pdf and provided by the Insurance Partner specifically to the Members of the Website during the Test-drive. By accepting the present GTC’s, one also accepts the Specific Insurance Conditions. Although the present GTC’s contain in article 4.8 a summary of the Specific Insurance Conditions, in the event of discrepancies between the Specific Insurance Conditions and the summary contained in such article 4.8, the Specific Insurance Conditions shall prevail.

           

Specific Warranty Conditions: special warranty guarantees described on www.serenimax.com/assets/pdf/CGU-SereniMax-specific-warranty-BE-FR.pdf and provided by the Warranty Partner specifically to selected Members of the Website. By accepting the present GTC’s, one also accepts the Specific Warranty Conditions. Although the present GTC’s contain in article 6.3 a summary of the Specific Warranty Conditions, in the event of discrepancies between the Specific Warranty Conditions and the summary contained in such article 6.3, the Specific Warranty Conditions shall prevail.

 

Test Service: service provided by SereniMax through the Website and allowing the booking and subsequent Test-drive of a Vehicle in the process of being sold by a Seller to a Potential Buyer. The Test Service includes the provision of a booking service towards the Potential Buyer.

 

Test Service Fee: sum of the Assistance Premium, a Booking Fee and the Insurance Premium.

 

Test-drive: period during which a Potential Buyer takes possession of the Vehicle of a Seller to test it and with the view of potentially buying it.

 

Test-drive Contract: contract between the Seller and the Potential Buyer, to be signed before the actual start of a Test-drive, and describing the terms & conditions of use by the Potential Buyer of the Vehicle for the whole duration of the Test-drive.

 

Sale Contract: paper-based contract signed between the Potential Buyer & the Seller, featuring the main details of the sales of the Vehicle. In some countries[1], such Sale Contract may take the form of an official document used as justification vis à vis the administration to prove the sale of a vehicle, while in others it may be freely drafted without specific constraints.

 

Transaction: final steps of the sale process of the Vehicle, creating the irrevocable payment of the Vehicle by the Potential Buyer.

 

User: any person who visits the Website, whether he becomes a Member or not.

 

Vehicle: a four-wheeled engine-propelled machine, used for tourism, business or mixed purposes.

 

Warranty: option for a Vehicle eventually purchased by a Potential Buyer to be insured by the Warranty Partner against a number of risks associated with mechanical or electrical failures occurring after the purchase.

 

Warranty Partner: company duly registered with a financial market authority and having the capacity to provide several classes of insurance, including warranty insurance, and partnering with SereniMax to cover some Vehicles with a specific warranty policy. The Warranty Partner will differ depending on the country of registration of the Vehicle and its details (identity, address and registration number) are enumerated in Article 6.3.

 

Warranty Premium: amount paid by a Buyer to the Warranty Partner in order to have a Vehicle get the status of Warranted Vehicle.

 

Warranted Vehicle: Vehicle benefiting from the Specific Warranty Conditions.

 

Website: internet site accessible on www.serenimax.com, or on any other URL owned by SereniMax or any of its subsidiaries, and offering an equivalent service, whether through a version accessible via a web browser (on a PC, tablet or smartphone) or via an application (desktop, webapp or native application).

 

3.        Description of the SereniMax platform

 

The processes described below are purely indicative and may be modified at any time by SereniMax.

 

3.1.                  General

 

SereniMax is an online marketplace developed by SereniMax that links two Members:

·               On the one side the Seller of a Vehicle wishing to sell it;

·               On the other side, a Potential Buyer wishing to buy the Vehicle by using a set of services destined to reassure him about the quality of the Vehicle

 

SeriniMax is comprised of part or all of the following 4 services:

 

1.         Test Service: actual Test-drive of the Vehicle by the Potential Buyer, with a 3-way security system:

a.         Verification of the profiles of each Potential Buyer, but also of each Vehicle and possibly of each Seller

b.         Provision by the Insurance Partner of a comprehensive (casco) insurance covering each Test-drive: damages to the Vehicle, fire, theft, including theft of the Vehicle by the Potential Buyer

c.          Provision by the Assistance Partner of a roadside assistance for each Test-drive: if possible on the spot the repair of the Vehicle, else the towing the vehicle & the Potential Buyer back to the point of departure of the Test-drive (owner's house or garage)

 

2.         Check Service: diagnosis of the Vehicle by a specialised workshop or garage, consisting of the verification of numerous key points, destined to give the Potential Buyer a precise view of the Vehicle's condition

 

3.         Care Service: breakdown warranty, safeguarding the Potential Buyer against the financial risk linked to a mechanical and/or electrical breakdown occurring on the Vehicle within (at least) 12 months of purchase

 

4.         Pay Service: secured payment of the Vehicle by the Potential Buyer via an escrow account

 

Whether all 4 services will be included or not in SereniMax will depend country per country; additionally, extra services may as well be added.

 

SereniMax is not a party to the transaction between the Buyer and the Seller nor between the Buyer and other parties. The role of SereniMax is exclusively:

·               To connect through the Website, a Seller and a Potential Buyer

·               To negotiate and organize on behalf of the Seller & the Potential Buyer:

    • an adequate insurance policy with the Insurance Partner and an adequate assistance policy with the Assistance Partner so that any Vehicle used during the period of Test-drive be a Covered Vehicle
    • an adequate set of checks & verifications, together comprising the Check, with the Diagnosis Partner  
    • an adequate optional warranty policy with the Warranty Partner so that a Vehicle purchased be a Warranted Vehicle

·               To arrange the payment of the respective amounts due by the Potential Buyer to the Assistance Partner, and/or Diagnosis Partner, and/or Insurance Partner, and/or Seller, and/or Warranty Partner

 

3.2.                  Creation and content of a Member profile

 

If he wants to buy or sell one Vehicle by using part or all of the SereniMax services, any user must firstly become a Member of the Website by creating a profile. Each User is allowed to have only one unique Member profile, or face the risk to have his profile suspended by SereniMax.

 

3.2.1.               Creating a Member profile with an email address.

 

A User can create his Member account through the introduction of his email address and a password.

 

3.2.2.               Creating a Member profile through third-party websites

 

A User can also create his Member profile by means of an existing account on a third-party website, such as social network sites[2]. The functionalities of the Website partially allow to link a profile with an account open on a third-party website by either providing the credentials used to login on such third-party website, or by authorizing the Website to access the existing account open on such third-party website, in accordance with the latter’s conditions of use.

 

The Member represents that he is entitled to disclose his third-party account login information to SereniMax and/or grant SereniMax access to his own third-party account, without breach by him of any of the terms and conditions that govern the use of the applicable third-party account and without obligating SereniMax to pay any fees or making SereniMax subject to any usage limitations imposed by such third-party website. By granting SereniMax access to any third-party accounts, the Member understands that SereniMax will access, make available and store (if applicable) any content that he may have provided to and stored in his third-party account so that it is available on and through the Website via his profile page. Unless otherwise specified in the current GTC’s, all content collected via the Member’s third-party account, if any, will be considered to be part of the Member’s profile for all purposes of the current GTC’s. Depending on the third-party account the Member chooses and subjects to the privacy settings that he has set in such third-party accounts, personally identifiable information that he may post to his third-party accounts will be available on and through his profile on the Website.

 

The relation of the Member with the third-party website is governed solely by his agreements with such third-party website; SereniMax does not verify the accuracy, nor the legal aspect and the infringing character of the content provided on a Member’s account on a third-party website and is not liable nor responsible over such content.

 

3.2.3.               Content and characteristics of a Member profile

 

The information necessary for the creation of a profile are:

·             Civil status

·             First name and family name

·             If applicable, a company name

·             Full address, including street name, street number, postal code and town

·             A mobile phone number

·             If applicable, a landline number

·             A non-temporary[3] email address

·             The date of birth

·             An identification document such as an ID card, a passport or a residency permit

·             A password ensuring the confidentiality of the data stored on the profile, which the Member shall not share with any third-party whatsoever

 

In addition, the Member will be required to submit to SereniMax the following documents through his profile:

·           One (or more) front photograph(s) or selfie(s) allowing the unequivocal recognition of the Member

·           A photocopy or photograph of the identity document specified above

 

As the case may arise, additional data may be requested depending on the status of the Member, i.e. Seller of a Vehicle or Potential Buyer.

 

3.2.4.               Credibility rating of a Seller

 

Apart from the items listed above and which themselves constitute a profile, Member profiles might benefit from a rating aimed at giving an indication about the level of credibility or seriousness of such Member.

 

3.3.                  Creation and content of a Seller and Vehicle profile

 

3.3.1.               Extending a Member profile into a Seller profile


If he wants to sell one Vehicle by using part or all of the SereniMax services, the Member is required to extend his profile by creating a section for the Vehicle in question; this section will be a Vehicle profile and will list its main features.

 

3.3.2.               Content and characteristics of a Vehicle profile

 

The bare fact of creating a Vehicle profile will de facto extend a Member profile into a Seller profile.

 

The information necessary for the extension of the Vehicle profile are:

·               Its make

·               Its type

·               The year of the first registration

·               Its registration number and/or its VIN (Vehicle Identification Number)

·               The anniversary date of the technical inspection

·               The approximate address where the Vehicle is located

·               The policy number & name of the insurance company by which the Vehicle is regularly insured, unless the Seller can make use of a valid dealer plate[4]

·               Etc...

 

In addition, the Seller will be required to submit to SereniMax some or all of the following documents through his profile:

·              At least one recent and non-edited photograph of each side of the Vehicle

·              A readable photocopy or photograph of the registration certificate of the Vehicle

·              A readable photocopy or photograph of the latest technical inspection certificate

  • A readable photocopy or photograph of the proof of insurance of the Vehicle[5]

 

The Seller shall specify within the Vehicle profile its usual availabilities, its usual location and any other information he considers appropriate, which could be updated at any time.

 

3.4.                  Moderation and monitoring of the profiles

 

3.4.1.               Moderation and monitoring performed internally

 

SereniMax reserves the right to continuously monitor the coherence or the truthfulness of certain data provided by a Member, including (but not limited to):

  • Regarding a Member: his personal details, such as his identity, email address or phone number

·              Regarding a Vehicle: factual and/or visual characteristics, such as the validity of the insurance certificate or that of the technical inspection, or its VIN

·              Regarding a Potential Buyer: his age and/ or the number of years of possession of his driving license

 

3.4.2.               External moderation and monitoring performed by a subcontractor

                                                                                                                      

SereniMax also reserves the right to transmit, following the explicit consent of the Member, to a third-party, including but not limited to the Assistance Partner and/or the Insurance Partner and/or the Warranty Partner, some of the information provided by the Member in order to control the consistency or accuracy.

 

3.4.3.               Refusal to extend a profile

 

According to its internal and/or external controls, SereniMax reserves the right to, if necessary, refuse the extension of the Member’s profile, without having to justify it to the latter.

 

3.4.4.               Suspension of a profile

 

According to its internal and/or external controls, SereniMax reserves the right to, if necessary, suspend a Member’s profile, without having to justify it to the latter.

 

4.        Making use of the SereniMax Test Service

 

4.1.                  Extension of a Member profile into a Potential Buyer profile

 

If he wishes to use and drive a Vehicle, a Member shall firstly contact the Owner to check if the latter agrees on letting the former test-drive his Vehicle. If the Owner responds positively, a Member will have the opportunity to send him a booking request for the Vehicle; the sole fact of sending for the first time a booking request to an Owner will de facto extend a Member profile into a Potential Buyer profile.

 

4.1.1.                Content and characteristics of a Potential Buyer profile

 

The information necessary for the extension of the profile are:

·             With regards to the driving license of the Potential Buyer:

o   Its number

o   The date it was obtained

·             A sworn statement issue by the Potential Buyer that he:

o   has not been held responsible of any accident resulting in bodily injuries, during the last 5 years

o   has not been subject to any revocation of his driving license, during the last 5 years

o   has not been convicted for intoxication (alcohol or other substances) or for any hit-and-run offense

o   he has not been faced with any early termination of his automotive insurance at the initiative of any insurance company, during the last 5 years

o   he is medically fit to drive

4.1.2.               Seller rating


After the end of each Test-drive, the Potential Buyer might be prompted to evaluate the Seller and/or the Vehicle, as follows:

·               A rating from 1 to 5 will be allocated by the Potential Buyer to the Seller and/or the Vehicle, and will be expected to give a positive or negative indication of what the former thinks of the other in relation to the Test-drive that recently ended

·               A review or comment will possibly be assigned by the Potential Buyer to the Seller and/or the Vehicle, and will be expected to give some justification or explanation for the above-mentioned rating

·               Potential Buyers agree to be respectful of other Members in the content of these comments

·               Reviews and comments left by the Potential Buyer shall be objective and in compliance with laws and regulations. The Potential Buyer shall refrain any comment containing:

    • Paedophile, pornographic, defamatory, obscene, hateful, racist, anti-semitic, xenophobic, revisionist text
    • Violence, fanaticism, crime, suicide, hatred because of religion, gender, race, sexual orientation, ethnicity
    • Intrusion of privacy
    • Violating intellectual property of others

           

SereniMax reserves the right to monitor the compliance of the abovementioned comments, and if necessary, to delete or remove a review or comment.

                                                                                                                      

Provided they are actually consistent with the foregoing, the ratings, reviews & comments left by a Potential Buyer might be included in the respective profile of the Seller and/or the Vehicle, and in the following manner:

·               Freshly left ratings will be added to existing ratings, and all together will be weighted to calculate a new average rating, which will be displayed on the profile of the Seller and/or the Vehicle in question

·               Each review or comment will also be displayed in chronological order on the profile of the Seller and/or the Vehicle in question

 

4.2.                  Sending a booking request by the Potential Buyer

 

Provided that the profile extension of a Member into Potential Buyer has been accepted by SereniMax, such Potential Buyer may send a booking request to the Seller through the Website.

 

4.2.1.               Sending a booking request for a Test-drive by the Potential Buyer

 

A booking request for a Test-drive shall concern a period of at most 4 hours & at most 100 kilometres, and shall contain the following information:

·             A reference to the desired Vehicle

·             The desired dates & times of start & end of the Test-drive

·             An indication whether the Vehicle will be used beyond the national borders

 

A preliminary debit authorization corresponding to the Test Service Fee plus the Deposit will then be carried out on the credit card or debit card, or the Electronic Wallet opened at the Electronic Money Institution by the Potential Buyer.

 

4.2.2.               Reception of the booking by the Potential Buyer

 

Once a booking request has been sent by the Potential Buyer via the Website, the credentials of the former will be verified by SereniMax, which in turn will decide to further accept or reject the profile of such Potential Buyer. If such profile is effectively accepted, SereniMax will forward such request to the Seller by email and/or text message, and the request will be also displayed in the section “My bookings” of his profile.

 

The forwarded booking request will contain following information:

·             A reference to the desired Vehicle

·             The desired dates & times of start & end of the Test-drive

·             An indication whether the Vehicle will be used beyond the national borders

  • Selected factual information about the Potential Buyer

 

The Seller will have a reasonable response time to consider the request, as well as the opportunity to consult the profile of the Potential Buyer, and will have full freedom to accept or, on the contrary, to reject the booking:

·             Concerning the booking request which he will have received by email, the Seller will have the possibility to directly accept or reject it within the email, by clicking on the relevant button

·             Concerning the booking request which he can consult in the section “My bookings” on his profile, the Seller will additionally have the opportunity to consult parts of the profile of the Potential Buyer before accepting or rejecting the booking request by clicking on the relevant button

·             Concerning the booking request which he will have received by means of a text message, the latter will only contain a concise summary of about 160 characters of the information which has already been sent via the Website per email, and will prompt the Seller to accept the booking request by simply returning a text message, e.g. “SereniMax booking request: J. Doe, 43 years, license in 1987, verified profile, for 11/04/2017 at 10.00 am. If you accept, please reply OK". Despite the concise character of the information present in the text message, the Seller understands and accepts to be held by the same rights and obligations as if he had accepted the booking request per email or through the section “My bookings” on his profile

 

It is in the common interest of SereniMax, the Potential Buyer and the Seller that the latter does respond as swiftly as possible, to booking requests sent by Potential Buyers, whether such booking requests are accepted or on the contrary rejected; if a Seller fails 3 times to respond to 3 booking requests concerning his Vehicle, SereniMax will temporary suspend the profile of the Seller and/or that of his Vehicle.

 

4.2.3.               Acceptance or refusal of a booking request, and its subsequent payment

 

If the request is accepted, the Potential Buyer will be notified by email and/or SMS and actually be debited of the Test Fee possibly augmented by the amount corresponding to the Deposit.

 

If the request is refused or if the time limit is exceeded, the Potential Buyer will not be charged.

 

4.3.                  Cancellation of the Test-drive booking

 

It will be possible for the Seller or the Potential Buyer to cancel the Test-drive before its scheduled start. However, in order to limit possible abuses, the cancellation procedure will be organised as follows:

              

4.3.1.               Cancellation more than 12 hours before the scheduled start of the Test-drive

                                                                                                                      

It will be possible for the Seller or for the Potential Buyer to cancel the Test-drive without any penalty if the cancellation occurs at least 12 hours before the scheduled start of the Test-drive. In that case, the Potential Buyer will be reimbursed of the full amount previously paid for the Test Service Fee, at no charge.

 

Such cancellation will not entail any negative rating nor review in the profile of the Seller nor in the profile of the Potential Buyer.

 

4.3.2.               Cancellation less than 12 hours before the scheduled start of the Test-drive because of the Potential Buyer

                                                                                                                      

If the Potential Buyer cancels a booking less than 12 hours before the scheduled start of the Test-drive, he will be liable to pay:

·              To the Seller a cancellation fee of 15 EUR

·              To SereniMax the entire Booking Fee that would have been due if the Test-drive had occurred

·              And possibly fees to third parties

 

Failure to pay the respective parties the above-mentioned penalties might serve as a reason to deny the Potential Buyer the possibility to send further booking requests.

 

4.3.3.               De facto cancellation of the Test-drive due to no-show of the Potential Buyer

                                                                                                                      

If the Potential Buyer fails to show-up at the scheduled start of the Test-drive nor one (1) hour thereafter, without valid reason, he will be liable to pay:

·              To the Seller a cancellation fee of 30 EUR

·              To SereniMax the entire Booking Fee that would have been due if the Test-drive had occurred

·              And possibly fees to third parties

 

Failure to pay the respective parties the above-mentioned penalties might serve as a reason to deny the Potential Buyer the possibility to send further booking requests.

 

4.3.4.               Cancellation less than 12 hours before the scheduled start of the Test-drive because of the Seller

                                                                                                                      

If the Seller cancels the booking less than 12 hours before the scheduled start of the Test-drive, he will be liable to pay:

·                     To the Potential Buyer a cancellation fee of 15 EUR

·                     To SereniMax the entire Booking Fee that would have been due if the Test-drive had occurred

·                     And possibly third parties Fees

 

Failure to pay the respective parties the above-mentioned penalties might serve as a reason to deny the Potential Buyer the possibility to send further booking requests.

 

4.3.5.               De facto cancellation of the Test-drive due to no-show of the Seller

                                                                                                                      

If the Seller fails to show-up at the scheduled start of the Test-drive or one (1) hour thereafter, without valid reason, he will be liable to pay:

·                     To the Potential Buyer a cancellation fee of 30 EUR

·                     To SereniMax the entire Booking Fee that would have been due if the Test-drive had occurred

·                     And possibly third parties Fees

 

Failure to pay the respective parties the above-mentioned penalties might serve as a reason to deny the Potential Buyer the possibility to send further booking requests.

 

4.4.                  Actual Test-drive

 

4.4.1.               State, content and preparation of the Vehicle

           

The Seller endeavours to put at the disposal of the Potential Buyer:

·             A Vehicle in perfect operating and safety condition (tires with wear level according to the legal standards, oil level and other liquids level checked, operational safety-belts, functioning breaks, checked engine & gear boxes, etc.) up-to-date with its technical inspection & regular maintenance

·             A clean Vehicle without any damages, other than those mentioned in the check-in procedure taking place at the beginning of the Test-drive

·             A Vehicle with a preferably full fuel tank, but in no case less than _ of the tank

·             The registration certificate as well as the insurance certificate (green card) in the glove compartment

·             An accident claim form, 2 yellow jackets, a warning triangle, and an alcohol level tester

 

4.4.2.               Preparation of the documents to be produced before the effective start of the Test-drive

                                                                                                                      

Before the physical meeting meant to finalise the contractual procedure, the Seller and the Potential Buyer should prepare preliminary and mandatory documents for the meeting:

·             Preparation of the documents to be visually presented to the other party, such as driving license, vehicle registration certificate, green card, credit card or debit card

·             An insurance certificate issued by the Insurance Partner, certifying that the latter does insure the Vehicle only for the date of the Test-drive, to be printed by Potential Buyer and/or Seller

·             An pre-filled accident report form with the names, address, Potential Buyer's license number, the vehicle registration number, name of the responsible insurance company that is covering the insurance during the Test-drive period, etc. printed by the Potential Buyer and/or by the Seller. The Potential Buyer shall fill in such accident claim form should any accident occur during a Test-drive.

 

4.4.3.               Dematerialised contract: smartphone app

 

SereniMax allows to fill-in & sign the Test-drive Contract in a dematerialised way, in the form of a smartphone app, which contains the following:

·             Prefilled parameters such as names, address, Potential Buyer's license number, the Vehicle registration number, etc.

·             A section describing the actual status of the Vehicle at the beginning of the Test-drive, which features the obligation to take pictures of the front side, back side, left side and right side of the Vehicle as to identify damages that possibly existed prior to the beginning of the Test-drive

·             A section describing the actual status of the Vehicle at the end of the Test-drive, which features  the possibility to take pictures of the front side, back side, left side and right side of the Vehicle as to possibly identify damages that may have occurred during the Test-drive

 

4.4.4.               Date and time of the actual Test-drive

 

The Potential Buyer and Seller must respect the starting date and time of the actual Test-drive.

 

4.4.5.               Actual start of the Test-drive

 

At the time and date of the scheduled start of the Test-drive, the Seller and the Potential Buyer meet in person and finalise the necessary formalities:

·             Visual inspection by the Seller:

o    That the documents submitted by the Potential Buyer on his profile do effectively correspond to the physical documents submitted by the former, and in particular his driving license which ought to fulfil the eligibility requirements set forth in Article 7.3

o    That the Potential Buyer disposes of either a credit card or a debit card in his own name and surname, unless the payment was made using wire, Sepa debit or PayPal

·             Visual inspection by the Potential Buyer of the registration of the Vehicle and the certificate of technical inspection

·             Check-in report including internal and external inspection of the Vehicle

·             Signing of the Test-drive Contract

·             Effective remittance of the keys to the Potential Buyer

 

If these formalities are met, the Test-drive may begin, and therefore the Vehicle gets the status of Covered Vehicle.

 

4.5.                  Procedure in case of problems

 

4.5.1.               Procedure in case of breakdown (due to an accident or not)

 

In case of an incident, technical breakdown, flat tires, wrong fuel, lost keys, the Potential Buyer shall notify the Assistance Partner as soon as possible by calling the dedicated number written within the app, to declare the incident and to immediately demand the implementation of some of the guarantees described in Article 4.8.1.

 

While the vast majority of breakdowns should not necessitate the use of any spare part to fix the incident, it is however possible that in some cases one or more specific spare parts be needed, in which case the Covered Vehicle might have to be towed away:

·             Should the Assistance Partner’s patrol car be able to repair the Vehicle on the spot without making use of any specific spare part, then Assistance Partner’s patrol car will do so and nothing ought to be paid by the Potential Buyer nor by the Seller

·             Should the Assistance Partner’s patrol car not be able to repair the Vehicle on the spot, then the latter will have to be towed away to the location where the Test-drive originated

 

4.5.2.               Procedure in case of an accident involving third-parties

 

The procedure to follow in case of an accident involving third-parties will depend on the country in which the Vehicle is registered. If the Vehicle is registered in:

 

·             BE (Belgium): in case of an accident involving third-parties the Potential Buyer and the would-be third-party ought to fill-in an accident report, not quoting the Insurance Partner as the insurance company covering the Covered Vehicle during the Test-drive but quoting the insurance company mentioned on the Vehicle’s original insurance certificate (and/or green card) as the insurance company covering the Vehicle in civil liability during the Test-drive.

 

Afterwards the Potential Buyer shall immediately notify the Seller who shall in turn immediately notify the Vehicle’s original insurance to declare the accident and to demand the implementation of the guarantees offered by the Vehicle’s original insurance. The Potential Buyer shall also notify SereniMax per email about the occurrence of the accident.

 

4.5.3.               Procedure in case of an accident not involving any third-parties

 

In case of an accident not involving any third-parties, the Potential Buyer shall immediately notify the Insurance Partner by calling the number written within the app, to declare the accident and to immediately demand the implementation of some of the guarantees described in Article 4.8.2. He shall then send to the Insurance Partner the accident report as well as any other document that may be of importance in relation to the accident. The Insurance Partner will in return transmit such documents to SereniMax per email.

 

4.5.4.               Procedure in case of theft

 

In case of theft, the Potential Buyer shall declare the event to the competent authorities of the municipality where the theft took place, within maximum 24 hours of the discovery of theft.

 

Afterwards the Potential Buyer shall immediately notify the Insurance Partner by calling the number written within the app to declare the theft, and to immediately demand the implementation of some of the guarantees described in Article 4.8.2. He shall then address the Insurance Partner the accident report as well as any other document that may be of importance in relation to the accident. The Insurance Partner will in return transmit such documents to SereniMax per email.

 

If the Potential Buyer does not comply with the above-described obligations, his financial responsibility could possibly not be limited to the Deductible.

 

4.6.                  End of the Test-drive

 

At the time and date of the scheduled end of the Test-drive, the Seller and the Potential Buyer meet again and arrange the necessary formalities:

·             Check-out report including internal and external inspections of the Vehicle, to be compared to the check-in report

·             Filling-in and signing of a statement indicating that the Test-drive Contract has ended

·             Effective remittance of the keys back to the Seller

 

4.6.1.               State and content of the Vehicle

 

The Potential Buyer commits to:

·             Return the Vehicle to the Seller:

o   In the same operating and safety condition as at the beginning of the Test-drive

o   Clean and without any damage other than those reported in the check-in report

o   With a tank level identical to the level at the start of the Test-drive

·             Return to the Seller:

o   The original registration certificate

o   The accident claim form, 2 yellow jackets, a warning triangle, and an alcohol level tester

·             Respect the date and time for returning the Vehicle

                               

4.6.2.               In case no supplementary kilometres have been driven during the Test-drive

 

If the Potential Buyer drove the Covered Vehicle a number of kilometres which is less or equal 100, no additional amount will be due.

 

4.6.3.               In case extra kilometres have been driven during the Test-drive

 

If the Potential Buyer drove the Covered Vehicle a number of kilometres higher than 100, the Seller will be able to receive a compensation equal to 0.50 EUR per additional kilometres, in which case a supplementary Test Service Fee will be charged and debited from the Deposit.

 

As an example, if the Potential Buyer drove 50 additional kilometres, an additional Test Service Fee of 50*0,50 – i.e. 25 EUR – will be charged to the Potential Buyer and debited through the Deposit.

 

4.6.4.               Traffic violations and fines

 

The Potential Buyer is solely responsible for all traffic offenses committed during the Test-drive.

 

In this context, the Potential Buyer must immediately inform the Seller of any offense and pay the fine immediately if the opportunity is given to him (such as a request for immediate perception).

 

If the Seller is fined for an offense allegedly committed during a Test-drive he should immediately inform SereniMax and denounce the Potential Buyer by filling in the details of the Potential Buyer in the appropriate form and sending it by registered mail to the relevant authorities.

 

4.6.5.               Check-out procedure

 

Within the appropriate section of the smartphone app, the Seller and the Potential Buyer indicate if the check-out is identical on all points to the check-in (with the exception of the amount of kilometres):

·             If that is the case, a discharge will be signed, indicating the Test-drive Contract is properly closed

·             If this is not the case:

o   If any Minor Problems have occurred, the Seller and the Potential Buyer agree to write down a detailed description in the section “Minor problems” of the Instructions or within the appropriate section of the smartphone app, and an amicable settlement ought to be found allowing the Seller to be compensated for the damages

o   If any Major Problems have occurred, the Seller and the Potential Buyer agree to write down a detailed description in the section “Major problems” of the Instructions or within the appropriate section of the smartphone app, whether or not the damages are a consequence of an accident for which an accident report has been completed, the Seller and/or the Potential Buyer shall immediately notify the Insurance Partner by calling the number written in the Instructions, to declare the damages and to immediately demand the implementation of some of the guarantees described in Article 4.8.2. He shall then address the Insurance Partner the accident report as well as any other document that may be of importance in relation to the accident. The Insurance Partner will in return transmit such documents to SereniMax per email.

 

4.6.6.               Payment of reimbursement of Minor Problems and possible use of the Deposit

 

Should the Seller and the Potential Buyer not come to an amicable settlement to arrange a fair reimbursement due to Minor Problems, following a request by the Seller containing pictures of the damages, SereniMax could mandate the Electronic Money Institution to, before unblocking the Deposit, transfer to the Seller’s Electronic Wallet the following amount(s):

·             In case of delay of more than 15 minutes when returning the Vehicle: 10 EUR per hour of delay

·             Loss of the keys of the Vehicle: 100 EUR

·             More than _ fuel level difference compared to initial level: 20 EUR

·             Cracks, tears, burn marks, stains: 200 EUR

·             Extremely dirty interior: 30 EUR

·             Extremely dirty car body (exterior): 30 EUR

·             Tears on the car body: 200 EUR

 

If solicited, an administrative fee of 20 EUR will be charged to the Potential Buyer and the involvement of SereniMax should exclusively consist of the analysis of the request of the Seller i.e. taking a temporary position in the dispute and, as the case may be, to transfer to the Electronic Money Institution instructions for permitting the whole of partial use of the Deposit, however without guarantees that the effective payment will take place.

 

4.6.7.               Termination of the Test-drive

 

In order to close the Test-drive, the Seller should go to the section “My bookings” of his profile or within the appropriate section of the smartphone app, to indicate the data mentioned in the check-out, especially the number of kilometres.

 

The Potential Buyer is also prompted to leave a rating about the Seller.

 

The closing of the Test-drive generates a summarising email to the Seller and to the Potential Buyer.

 

4.7.                  Eligibility criteria and Terms of Usage

 

For the Potential Buyer (and his passengers) as well as the Covered Vehicle and the Seller to benefit from the Test-drive guarantees described in Article 4.8, they must use the Website to conduct any transaction related to the Test-drive of the Vehicle and meet the eligibility requirements set out below.

 

The non-abidance by a Member of the present GTC’s and in particular the clauses relating to the insurance or to the roadside assistance could cause the partial or complete revocation of the insurance guarantees or roadside assistance guarantees with the consequence that the Vehicle would not be considered anymore as a Covered Vehicle, whereby the costs and responsibilities related to an accident, incident, or other damages during the Test-drive could entirely befall to the Member who did not abide by the given conditions.

 

4.7.1.               Use of the Website to arrange and conclude a booking

 

If Members partially or fully bypass the Website to send a booking request or a request for extension of the Test-drive, to accept, to confirm and/or to pay the Test Service Fee, the Test-drive will not be covered by the Assistance Partner nor by the Insurance Partner and will therefore take place at the own risk of the Potential Buyer and the Seller.

 

4.7.2.               Eligibility criteria of a Vehicle and/or Seller

 

For a Vehicle registered on the BE (Belgian) section of the Website

 

For the Vehicle to benefit from the guarantees described within the Specific Assistance Conditions, Specific Insurance Conditions and other guarantees described in Article 4.8, it must meet the following eligibility requirements:

·               Be registered in Belgium to the exception of Vehicle bearing a Z dealer plate which will benefit from the Specific Assistance Conditions but not from the Specific Insurance Conditions

·               Be insured by an insurance company approved by the Belgian insurance regulator

·               Must have successfully & unreservedly passed the latest technical inspection in due time unless the Seller is a dealer using a Z dealer plate

·               Must have a maximal permitted masse less than or equal to 3.5 tonnes

 

In addition, at the beginning of each Test-drive, a Test-drive Contract using the smartphone app should be signed by the Seller and the Potential Buyer.

 

The following exhaustive list of vehicles may benefit from the guarantees described in Article 4.8 or in the Specific Insurance Conditions:

·              Passenger cars (category M1)

·              Light trucks / vans (category N1)

 

4.7.3.               Eligibility criteria of the Potential Buyer

 

For a Potential Buyer willing to book a Vehicle registered in BE (Belgian) section of the Website

 

For a Member to obtain the status of Potential Buyer, he must meet the following eligibility requirements:

·             Age:

o   Be at least 21 years old in order to drive a Vehicle which engine power does not exceeds 85 kw

o   Or be at least 25 years old in order to drive a Vehicle which engine power exceeds 85 kw

·             Be in possession for more than 3 years of a valid driving license for the type of Vehicle concerned

·             Must be domiciled in Belgium

The Potential Buyer has to reconfirm that he fits the above-mentioned conditions every time he wishes to book a Test-drive.

 

4.7.4.               Conditions of use of a Covered Vehicle by the Potential Buyer

 

During the Test-drive, the Potential Buyer will make use of the Covered Vehicle in good faith and with a view of potentially buying it.

 

Particularly, the Potential Buyer must respect the following obligations:

·             Fully respect the traffic regulations in the country where the vehicle will be driven, in particular the regulations concerning speed limits

·             Protect the Vehicle against theft by closing the doors and windows when leaving, and locking the Vehicle

·             To guarantee he drives the Vehicle himself and not entrust the driving to a third person (except in case of duly registered and authorized supplementary drivers)

·             Not overloading the Vehicle with objects exceeding the payload, endangering the safety or prone to cause damage to the Vehicle

·             Not using the Vehicle for off-road driving, sport meetings or similar events, nor on race and training tracks

·             Not using the Vehicle for taxi services or carpooling, transport of dangerous substances, or participation in public events or other public and promotional use

·             Not modifying any interior aspect of the Vehicle, effectuating any technical change, nor performing any repairs at his own initiative

·             Not parking the car in private parking spaces without authorization, or parking places limited to certain days or certain hours

·             Returning the Vehicle at the right time and the agreed place, with the same fuel level and in the same interior and exterior state as at the start of the Test-drive

 

4.8.                  Guarantees

 

Provided he meets the eligibility conditions set out in Article 4.7, in addition to the general guarantees coverage governed by the general conditions of the Assistance Partner and those of the Insurance Partner, the following guarantees are granted:

 

4.8.1.               Assistance guarantees granted during the Test-drive period

 

For a Vehicle registered on the BE (Belgian) section of the Website

 

Identity & details of the Assistance Partner: AXA Belgium SA, Place du Trône 1, B-1000 Bruxelles, registered in the companies’ registry under number BE 0403 471 597, telephone 02 550 05 26.

 

Beneficiaries: insofar as the abovementioned eligibility criteria in Article 4.7 are respected, the following assistance guarantees will be granted to the Potential Buyer and his passengers, or any other Member (subscribed to the Website) provided they are mentioned in the Test-drive Contract[6].

 

Enumeration of the guarantees:

  • Roadside assistance due to accidents, technical problems or damages (including puncture, filling inappropriate fuel, loss of keys, etc..):
    • on average the patrol car will arrive at the place of the incident within 60 minutes
    • while the aim is to repair the Vehicle on the spot, if the latter can not be repaired immediately, the patrol car will tow it along with the Potential Buyer, back to the address at which the Test-drive originally started

 

Coverage: the assistance guarantees shall apply in Belgium and up to 50 km in its neighbouring countries (France, Germany, the Netherlands and Luxemburg).

 

The exact content of the Specific Assistance Conditions is fully described on www.serenimax.com/test/assistancewww.serenimax.com/en/roadside-assistance-guarantees-during-the-test-drive-of-a-vehicle-via-SereniMaxTestwww.serenimax.com/en/check/list.

 

4.8.2.               Insurance guarantees granted during the Test-drive period

 

For a Vehicle registered on the BE (Belgian) section of the Website

 

Identity & details of the Insurance Partner: AXA Belgium SA, Place du Trône 1, B-1000 Bruxelles, registered in the companies’ registry under number BE 0403 471 597, telephone 078 35 61 68.

 

Beneficiaries: insofar as the abovementioned eligibility criteria in Article 4.7 are respected, the insurance guarantees will be granted to the Potential Buyer and his passengers, or any other Member (subscriber of the Website) provided they are mentioned in the Test-drive Contract.

 

Enumeration of the guarantees:

  • Damages to the Covered Vehicle (casco) in case of an accident, fire, theft (including theft by embezzlement), forces of nature, natural disasters, clashes with animals or broken windows, as described in Article xx of the Specific Insurance Conditions of AXA

·             Financial losses: a forfeited amount of 250 EUR will be paid out to the owner of the Vehicle when AXA intervenes for damages to the Covered Vehicle. The forfeited amount is paid to cover any indirect losses resulting from the accident, such as administration costs, transportation costs, phone costs and etc…

Maximum amount of guarantees: for damages to the Covered Vehicle, the compensation commitment of the Insurance Partner will not exceed 35.000 EUR ex-VAT per Covered Vehicle unless stated otherwise in writing waiver by AXA.

 

Guarantees extensions: AXA will maintain the guarantees granted in the case where:

  • The Covered Vehicle is driven by a Potential Buyer who submitted, during the registration, invalid, false or falsified documents;
  • The Vehicle is driven without the knowledge not acknowledgment of the Potential Buyer, by a person not holding any driving license and having deceived the Seller or the Potential Buyer with a false statement or the submission of invalid, false or falsified documents, subject to the Potential Buyer being domiciled in Belgium;
  • The Potential Buyer’s driving license had been subject of a cancellation, suspension, limitation of validity, which neither the Seller nor SereniMax was aware at the time of the Test-drive, subject to the Potential Buyer being domiciled in Belgium;
  • The Vehicle is driven by a Potential Buyer in a state of alcoholic intoxication or a similar condition, resulting from the consumption of products other than beverages alcoholic, subject to the Potential Buyer being domiciled in Belgium.

 

In such a case, AXA will always have the right to subrogate the would-be paid amounts from the Potential Buyer.

 

Deductible: in case of an accident, a deductible will be charged to the Potential Buyer. In order to do so, the amount initially retained as Deposit will be partially or totally paid to the Seller, while the compensation to be paid by AXA to such Seller will be reduced by the same amount[7]:

 

There will be no intervention by AXA for any damages below this deductible.

 

In the case of an accident or event involving two or more Covered Vehicles, it is clear that to each Covered Vehicle will be applied a Deductible.

 

The amount of the Deductible will depend on the sales price of the Vehicle:

·             500 EUR if the Initial Sale Price of the Vehicle is comprised between 0 and 10,000 EUR

·             700 EUR if the Initial Sale Price of the Vehicle is comprised between 10,001 and 30,000 EUR

·             900 EUR if the Initial Sale Price of the Vehicle is comprised between 30,001 and 42,350 EUR

 

Coverage: the assistance guarantees shall apply in Belgium and up to 50 km in its neighbouring countries (France, Germany, the Netherlands and Luxemburg).

 

The exact content of the Specific Insurance Conditions is fully described on www.serenimax.com/en/insurance-guarantees-during-the-test-drive-of-a-vehicle-via-SereniMaxTest.

 

 

5.        Making use of the SereniMax Check Service

  

Once having made use of the Test Service, the Potential Buyer will be given the possibility to have a Diagnosis Garage or a Diagnosis Expert perform a thorough diagnosis of the Vehicle, consisting of the verification of numerous key points, destined to give the Potential Buyer a precise view of the Vehicle's condition before deciding to purchase it or not. While the Check Service is originally intended for Potential Buyers, it may as well be used by Sellers willing to proactively reassures Potential Buyers about the status of their Vehicle.

 

5.1.                  Sending a booking request for a Check by the Potential Buyer or by the Seller

 

Shortly after having sent a booking request for a Test-drive to a Seller, the Potential Buyer will be given the possibility to send a booking request for a Check. A Seller may also send a booking request for a Check. In order to do so, SereniMax will consult the availability of different Diagnosis Garages and/or Diagnosis Experts part of the network of the Diagnosis Partner(s) and will do its best endeavour to propose the Member a set of dates & times fitting the desired date & time at which the Test-drive is supposed to take place, and within a reasonable distance of the location where the Test-drive is supposed to start.

 

If the Test-drive is originally planned on a date at which no Diagnosis Garage nor Diagnosis Expert may be able to perform the Check, then the Potential Buyer will be given the possibility to change the dates of the Test-drive, as to allow the latter to fit the date & time at which the Check may take place.

 

5.2.                  Confirmation of the date & time of a Check, and subsequent payment of the Check Service

 

If a specific date, time & location fit the needs of the Member, the latter will be prompted to pay the Check Service Fee, which may come in addition to the Test Service Fee; in that case, an additional preliminary debit authorization corresponding to the Check Service Fee will then be carried out on the credit card or debit card, or the Electronic Wallet of the Member.

 

5.3.                  List of checks & verifications carried out during the Check

 

The Check will be consisting of the verification of numerous key points, destined to give the Potential Buyer a precise view of the Vehicle's condition before deciding to purchase it or not.

 

The exact content of the Specific Check Conditions is fully described on www.serenimax.com/en/list-of-the-checks-and-verifications-undertaken-on-a-vehicle-via-SereniMaxCheck.

 

5.4.                  Identity & details of the Diagnosis Partner

 

For a Vehicle registered on the BE (Belgian) section of the Website

 

Identity & details of the Diagnosis Partner: Robert Bosch SA, Rue Henri Genesse 1, B-1070 Bruxelles, registered in the companies’ registry under number BE 0420 377 016.

 

5.5.                  Performance of the Check by the Diagnosis Partner

 

At the time and date of the scheduled start of the Check, the Member will drive the Vehicle to the Diagnosis Garage belonging to the network of the Diagnosis Partner, that was chosen as the most appropriate to perform the Check. As the case may arise, the Member may wish that instead of driving the Vehicle to a Diagnosis Garage, a Diagnosis Expert may come to the place where the Vehicle is located to carry out on site the Check.

 

Since the Check Service will have been prepaid through the Website at the time of the confirmation, no amount will be owed by the Member to the Diagnosis Garage or to the Diagnosis Expert.

 

5.6.                  Remittance of the Check report by the Diagnosis Partner

 

At the end of the Check, the Potential Buyer will be remitted a paper version of the Check report; as the case may arise, the former might also be remitted per email an electronic version (scan or PDF) of the Check report.

 

6.        Making use of the SereniMax Care Service

 

Once having made use of either the Test Service and/or the Check Service, the Potential Buyer may eventually decide to buy the Vehicle, be it through the use of the Pay Service or not. In such a case, the Potential Buyer may wish to have his newly bought Vehicle be covered against the financial risk linked to a mechanical and/or electrical breakdown occurring on the Vehicle within at least 12 months of purchase, and possibly opt to use the Care Service.

 

6.1.                  Options to make use of the Care Service

 

At different stages of the process of the Test Service and/or the Check Service will the Potential Buyer be given the possibility to make use of the Care Service, which warranty coverage are based on the characteristics of the Vehicle, in particular its age and its power.

 

6.2.                  Eligibility criteria of a Vehicle and/or Seller

 

For a Vehicle registered on the BE (Belgian) section of the Website

 

The eligibility criteria are fully described in the Specific Care Conditions available on www.serenimax.com/en/extent-of-the-guarantees-of-to-the-breakdown-warranty-via-SereniMaxCare.

 

 

 

6.3.                  Warranty coverage granted to the Vehicle after its purchase

 

For a Vehicle registered on the BE (Belgian) section of the Website

 

Identity & details of the Warranty Partner: Mapfre Assistancia, Rue de Trèves 45, B- 1040 Bruxelles, registered in the companies’ registry under number BE 0866 778 241.

 

Details of the warranty coverage, maximum amount reimbursements,exclusions, deducible, geographical coverage and premiums: fully described in the Specific Care Conditions available on www.serenimax.com/en/extent-of-the-guarantees-of-to-the-breakdown-warranty-via-SereniMaxCare.

 

6.4.                  Subscription of the Warranty, and subsequent payment of the Care Service

 

If proposed optional fit the needs of the Potential Buyer, the latter will be prompted to pay the Care Service Fee, which may come in addition to the Test Service Fee and the Check Service Fee; in that case, an additional preliminary debit authorization corresponding to the Care Service Fee will then be carried out on the credit card or debit card, or the Electronic Wallet opened at the Electronic Money Institution by the Potential Buyer.

 

However, should the Potential Buyer eventually decide not to buy the Vehicle, or if the purchase of the latter was cancelled within 8 days for whatever reason, or the Warranty Partner decided not to grant the Warranty to the Vehicle for whatever reason, then the Potential Buyer will be reimbursed of the full amount previously paid for the Care Service Fee, at no charge.

 

7.        Making use of the SereniMax Pay Service

 

Regardless of whether the Potential Buyer made use of either the Test Service and/or the Check Service and/or the Care Service, he may eventually decide to buy the Vehicle, possibly through the use of the Pay Service in order to pay it. In such a case, the Potential Buyer and the Seller may wish to benefit from certain guarantees & security of payment.

 

7.1.                  Sending a payment request by the Potential Buyer or by the Seller

 

Provided that the profile extension of a Member into either Potential Buyer or Seller has been accepted by SereniMax, or if the Member already had the status of Potential Buyer and that such status is still valid, a Potential Buyer may send a payment request to the Seller through the Website or a vice-versa, a Seller may send a payment request to the Potential Buyer through the Website.

 

7.1.1.               Sending a payment request

 

A payment request may concern a Vehicle that was already subject to either the Test Service and/or the Check Service, or not. It shall contain a reference to the desired Vehicle as well as to the Initial Sale Price.

 

7.1.2.               Reception of the payment request

 

Once a payment request has been sent by the either the Potential Buyer or by the Seller via the Website, the credentials of  both parties will be sent to the Electronic Money Institution, which has the legal obligation to perform a so-called KYC procedure[8], upon which the credentials of the Potential Buyer and/or the Seller will be verified. Depending on the outcome, SereniMax will in turn decide to further accept or reject the profile of such Potential Buyer or the Seller. If such profile is effectively accepted, SereniMax will forward such request to the other party by email and text message, and the request will be also displayed in the section “My payments” of his profile.

 

The forwarded payment request will contain following information:

·             A reference to the desired Vehicle

·             The Initial Sale Price

  • Factual information about the party requesting the payment, hence either the Potential Buyer or the Seller

 

The party receiving the payment request will have a reasonable response time to consider the request, as well as the opportunity to consult the profile of the party who sent the payment request, and will have full freedom to accept or, on the contrary, to reject the payment request:

·             Concerning the payment request which he will have received by email, the party receiving the payment request will have the possibility to directly accept or reject it within the email, by clicking on the relevant button

·             Concerning the request which he will be able to consult in the section “My payments” on his profile, the party receiving the payment request will additionally have the opportunity to consult parts of the profile of the party who sent the payment request before accepting or rejecting the payment request by clicking on the relevant button

·             Concerning the payment request which he will have received by means of a text message, the latter will only contain a concise summary of about 160 characters of the information which has already been sent per email, and will prompt the party receiving the payment request to accept the booking request by simply returning a text message, e.g. “SereniMax payment request: J. Doe, 43 years, verified profile, would like to proceed to the secure payment of your car. If you accept, please reply OK". Despite the concise character of the information present in the text message, the party receiving the payment request understands and accepts to be held by the same rights and obligations as if he had accepted the booking request per email or through the section “My payments” on his profile

 

It is in the common interest of SereniMax, the Potential Buyer and the Seller that the party receiving the payment request does respond as swiftly as possible, to payment requests sent by the other party, whether such requests are accepted or on the contrary rejected; if the party receiving the payment request fails 3 times to respond to 3 payment requests concerning a Vehicle, SereniMax will temporary suspend the profile of such party.

 

7.1.3.               Acceptance of a payment request by the Potential Buyer, and subsequent wire of the Initial Sale Price by the Potential Buyer onto his Electronic Wallet

 

If the payement request was initiated by the Seller, the latter will be prompted to choose & create a unique pincode that will later be used during the actual Transaction. The Seller shall not share this pincode with any third-party whatsoever, including the Potential Buyer if the later attempted to ask this pincode from him nor with any person pretending to act on behalf of SereniMax or its customer service.

 

If the request is accepted by the Potential Buyer, the latter will also be prompted to choose & create a unique pincode. The Potential Buyer shall not share this pincode with any third-party whatsoever, including the Seller if the later attempted to ask this pincode from him nor with any person pretending to act on behalf of SereniMax or its customer service.

 

Thereafter, SereniMax will instruct the Potential Buyer to proceed with the wire of an amount corresponding to the Initial Sale Price to his own Electronic Wallet: by doing so, the Potential Buyer’s Electronic Wallet will be credited with that very same amount.

 

SereniMax will then inform the Seller that the Potential Buyer’s Electronic Wallet is now credited with an amount corresponding to the Initial Sale Price, and they both may proceed to the completion of the Transaction.

 

7.1.4.               Acceptance of a payment request by the Seller, and subsequent wire of the Initial Sale Price by the Potential Buyer onto his Electronic Wallet

 

If the request was initiated by the Potential Buyer, the latter will be prompted to choose & create a unique pincode that will later be used during the actual transaction. The Potential Buyer shall not share this pincode with any third-party whatsoever, including the Seller if the later attempted to ask this pincode from him nor with any person pretending to act on behalf of SereniMax or its customer service.

 

If the request is accepted by the Seller, the latter will also be prompted to choose & create a unique pincode. The Seller shall not share this pincode with any third-party whatsoever, including the Potential Buyer if the later attempted to ask this pincode from him nor with any person pretending to act on behalf of SereniMax or its customer service.

 

Thereafter, SereniMax will instruct the Potential Buyer to proceed with the wire of an amount corresponding to the Initial Sale Price to his own Electronic Wallet: by doing so, the Potential Buyer’s Electronic Wallet will be credited with that very same amount.

 

SereniMax will then inform the Seller that the Potential Buyer’s Electronic Wallet is now credited with an amount corresponding to the Initial Sale Price, and they both may proceed to the transaction and actual remittance of the Vehicle & keys to the Potential Buyer.

 

7.2.                  Transaction & actual remittance of the Vehicle & keys to the Potential Buyer

 

7.2.1.               Preparation of the documents to be produced before the effective Transaction

                                                                                                                      

Before the physical meeting meant to finalise the Transaction, the Seller and the Potential Buyer should prepare preliminary and mandatory documents for the meeting:

·             Selected documents to be visually presented to the other party, such as ID, driving license, vehicle registration certificate, etc…

·             A Sale Contract, printed by the Potential Buyer, but ideally also by the Seller; for reasons of simplicity SereniMax shall propose, not impose, its own Sale Contract and send it to the Potential Buyer and to the Seller as an attachment. Whether drafted by the Seller or the Potential Buyer or by SereniMax, such Sale Contract shall contain the following:

o   Information such as names, address, the vehicle registration number and/or VIN, etc...

o   A list of the rights and obligations of each party

 

7.2.2.               Mandatory use of the smartphone app

 

As a prerequisite to the conclusion of the Transaction, both the Potential Buyer and the Seller ought to download and install the smartphone app specifically developed by SereniMax to arrange the final steps of the Transaction.

 

7.2.3.               Meeting for the completion of the Transaction

 

At the time and date of the scheduled Transaction, the Seller and the Potential Buyer meet in person and finalise the necessary formalities:

·             Visual inspection by the Seller that the documents submitted by the Potential Buyer on his profile do effectively correspond to the physical documents submitted by the former, and in particular his ID and driving license

·             Visual inspection by the Potential Buyer of the registration documents of the Vehicle and a valid certificate of technical inspection

·             Internal and external inspection of the Vehicle, in particular the VIN

·             Signing of the Sale Contract

·             Completion of the Transaction

 

7.2.4.               Start of the Transaction: inserting the Final Sale Price

 

After having started the smartphone app destined to handle the Transaction on the Seller’s smartphone, the Potential Buyer and the Seller will be prompted to indicate the amount at which the Vehicle ought to be sold. While in theory this amount should correspond to the Initial Sale Price, it is possible for the Potential Buyer and the Seller to agree on a reduced amount, for whatever reason; in such a case the Potential Buyer and the Seller ought to insert such reduced amount which will correspond to the Final Sale Price.

 

7.2.5.               Inserting the pincode of the Potential Buyer into the smartphone app

 

After one of the parties has inserted the Final Sale Price into the smartphone app, the Potential Buyer should take possession of the Seller’s smartphone in order to discreetly insert into the smartphone app the pincode he previously created. Once again the Potential Buyer is instructed not to share this pincode with any third-party whatsoever, including the Seller if the later attempted to ask this pincode from him nor with any person pretending to act on behalf of SereniMax or its customer service.

 

7.2.6.               Inserting the pincode of the Seller into the smartphone app

 

After the Potential Buyer has inserted his pincode into the smartphone app, the Seller should retake possession of his smartphone in order to discreetly insert into the smartphone app the pincode he previously created. Once again the Seller is instructed not to share this pincode with any third-party whatsoever, including the Potential Buyer if the later attempted to ask this pincode from him nor with any person pretending to act on behalf of SereniMax or its customer service.

 

7.2.7.               Generation & sending of an additional pincode per SMS to the Potential Buyer

 

After the Seller has inserted his pincode into the smartphone app, SereniMax will generate an additional pincode which will be sent onto the smartphone of the Potential Buyer. After having received this SMS, the Potential Buyer should retake possession of the Seller’s smartphone in order to discreetly insert into the smartphone app the pincode he just received per SMS. Once again the Potential Buyer is instructed not to share this pincode with any third-party whatsoever, including the Seller if the later attempted to ask this pincode from him nor with any person pretending to act on behalf of SereniMax or its customer service.

 

7.2.8.               Definitive validation of the Transaction

 

Before the Transaction be finalised, the parties will be given a final chance to verify that all the elements composing this Transaction do correspond to what the parties fully intended, in particular the credentials of the Potential Buyer & the Seller and the Final Sale Price.


If this is the case, the parties will press the button “Confirm the transaction”, in which case the Transaction will be fully and irrevocably completed. 


In such a case, the amount corresponding to the Final Sale Price will irrevocably be transferred from the Electronic Wallet of the Potential Buyer to the Electronic Wallet of the Seller.

 

7.2.9.               Wire from the Seller’s Electronic Wallet onto his regular bank account

 

At any time after the completion of the Transaction, the Seller will be given the opportunity to wire the amount corresponding to the Final Sale Price from his Electronic Wallet onto his regular bank account.

 

8.        Payments

 

With regards to the implementation of any payments that Members may receive or make to one another, or that Members make to the Assistance Partner, the Diagnosis Partner, the Insurance Partner, the Warranty Partner or SereniMax, each Member agrees that payments made through the Website will be managed by the Electronic Money Institution. Regarding the payments themselves, a Member will send to the Electronic Money Institution the instructions for these payments through their profile and formally mandates SereniMax to transmit the corresponding instructions to the Electronic Money Institution on their behalf and their account.

 

8.1.                  Identity & details of the Electronic Money Institution

 

The Electronic Money Institution is Mangopay, a division of Leetchi Corp SA (itself a subsidiary of Crédit Mutuel Arkéa SA), 10 boulevard Royal, L-2449 Luxembourg, registered before the Luxembourgish Financial Regulator CSSF under number W00000005 as electronic money issuer.

 

SereniMax has been notified by Leetchi Corp SA as electronic money distributor before the FSMA (Belgian financial services and markets authority) through the CSSF (Luxembourg commission of financial sector supervision).

 

8.2.                  General Payment Conditions

 

The General Payment Conditions of the present GTC’s are those of the Electronic Money Institution and are described on https://www.mangopay.com/terms/Mangopay_Terms-EN.pdf.  

 

8.3.                  General Payment Conditions Supported means of payment

 

The Electronic Money Institution currently accepts the following means of payment:

  • MasterCard
  • Maestro
  • Visa
  • Bank wire

 

The Electronic Money Institution does not accept any of the following means of payment:

  • Cash
  • Checks
  • PayPal
  • Sepa direct debit

 

8.4.                  Supported currencies

 

If the Vehicle is registered in Canada, a Eurozone country, Great Britain, Poland or the United States, then the amounts mentioned on the Website should be displayed in the respective currency (hence in CAD, EUR, GBP, PLN or in USD) and the Electronic Money Institution should be able to establish the transaction to pay -or receive- money in such local currency.


If the Vehicle is not registered in any of the above-mentioned countries, then the amounts mentioned on the Website in CAD, EUR, GBP, PLN or in USD might be also supplemented by amounts labelled in the local currency, but for informational & indicative purposes only, and the actual transaction will
remain either in CAD, EUR, GBP, PLN or in USD; in such a case, the Potential Buyer should contact his local bank to determine if foreign transaction fees will apply.

 

8.5.                  Payment conditions specific to each Service

 

8.5.1.               Payment conditions specific to the Test Service

 

In order to ensure that each Covered Vehicle will be granted the guarantees described in Article 4.8, the Assistance Partner and the Insurance Partner will, for every Test-drive, respectively receive directly from the Potential Buyer an Assistance Premium and an Insurance Premium via the online payment service provided by the Electronic Money Institution. On its side SereniMax will also receive, for every Test, a Booking Fee directly from the Potential Buyer via the online payment service provided by the Electronic Money Institution. These Premium & Fees will be based on the amount of Test-drives that took place, as well as for the amount of kilometres effectively travelled. 

 

8.5.2.               Payment conditions specific to the Check Service

 

For every Check performed on the Vehicle, the Diagnosis Expert or the Diagnosis Garage will receive directly from the Member a Check Fee via the online payment service provided by the Electronic Money Institution. On its side SereniMax will also receive, for every Check Service, a Booking Fee directly from the Member via the online payment service provided by the Electronic Money Institution. These Fees will be based on the amount of Checks that took place. 

 

8.5.3.               Payment conditions specific to the Care Service

 

For every Warranty subscribed by the Potential Buyer on the Vehicle, the Warranty Partner will receive directly from the Potential Buyer a Warranty Premium via the online payment service provided by the Electronic Money Institution. On its side SereniMax will also receive, for every Care Service, a Booking Fee directly from the Potential Buyer via the online payment service provided by the Electronic Money Institution. These Premiums & Fees will be based on the characteristics of the Vehicle and on the amount of Warranties that were subscribed. 

 

8.5.4.               Payment conditions specific to the Pay Service

 

For every sale of a Vehicle which actual payment was done through the use of the Pay Service, SereniMax will receive a Pay Service Fee from the Seller: in order to do so, an amount of minimum 24.99 EUR will be deducted from the amount originally transferred on his Electronic Wallet as the Final Sale Price by the Potential Buyer, via the online payment service provided by the Electronic Money Institution.

 

9.        Disclaimer

 

SereniMax is not a car rental nor a second-hand car dealer company but merely operates a community-based platform intended to connect Sellers and Potential Buyers for the purpose of the purchase of such Vehicles.

 

SereniMax is not involved in the transactions between Potential Buyers and Sellers. SereniMax communicates information from and to Members for which it can not guarantee the accuracy, authenticity or completeness. In this context Members should be cautious when contracting with other Members.

 

SereniMax is not able to a priori control the quality, safety or legality of the listed Vehicles, nor the truth or accuracy of the profiles, nor the ability of Sellers to make available the said Vehicles nor the actual capacity of Potential Buyers to properly use the said Vehicles.

 

The responsibility of SereniMax cannot be invoked due to inaccuracies or errors contained in the profiles of the Vehicles, each Seller having an obligation to provide the latter in good faith using genuine and updated information. SereniMax can therefore not be held responsible for any non-compliance of some Vehicles with respect to their description presented on the Site.

 

Acting as a mere intermediary, SereniMax can in no way be held responsible for total or partial failure of one party to the Test-drive Contract. In any case, SereniMax can not be held responsible for any dispute relating to Test-drive Contract, including any damage endured by the Potential Buyer or by the Seller related to the Test-drive of a Vehicle.

 

Sellers may not claim from SereniMax any financial compensation or indemnity, they themselves carry the risk of the provision of their own Vehicles.

 

Since SereniMax does not interfere in the transaction between a Seller and a Potential Buyer, Members clear SereniMax (and its parent, its subsidiary companies and any group, officers, directors, agents and employees) from any liability in case of disputes between Members, claim, or damage present or future, alleged or not, recorded or not, resulting directly or indirectly from the use of the Site.

 

SereniMax can not be held responsible for the conduct of Potential Buyers, nor for their driving behaviour.

 

SereniMax is not responsible for any potential income or not, real or not, resulting from the use of the Website by Members. As the case may arise, each Member will need to declare and pay all possible taxes & duties, including possible VAT.

 

Neither SereniMax nor its directors, officers, employees, owners, agents, representatives are liable for any direct, incidental, indirect material or immaterial loss, resulting from the use of the Site.

 

SereniMax does not approve nor endorse any transaction on the Site, and Users - including Members - are solely responsible for the legality of their actions.

 

Except when explicitly informed about the existence of illegal content according to the applied law, and in the subsequent absence of removal of such content, SereniMax can not be held liable for any content or actions (or lack thereof) from Members, nor for the Vehicles available on the Site.

 

SereniMax never guarantees the solvency of its Members, including Potential Buyers.

 

SereniMax provides hypertext links to internet sites, edited and/or managed by third parties. Insofar as there is no control over these external resources, i.e. SereniMax does not exercise any form of control, the User acknowledges that SereniMax bears no responsibility for the availability and/or content on the sites in question, including the websites of the Assistance Partner and/or the Insurance Partner.

 

SereniMax does not guarantee that the Service will operate without interruption or functions completely without error. Although SereniMax makes sure to put the Website at disposal for 7 days a week, 24 hours a day, she reserves the right to – at any moment and without pre-warning – interrupt access to the Website for technical or other reasons, such as terminating the Service, and this without being held responsible for interruptions and consequences thereof to a user or third-party.

 

 

 

10. Force Majeure

 

SereniMax shall not be held liable for any delay, total or partial failure in the performance of their obligations if these are due to force majeure. 

 

Force majeure shall mean any unforeseeable, inevitable event, independent from the will of the parties, which cannot be prevented through zeal and fervour, and which took place after the entry into force of the present Contract while preventing from wholly or partially fulfilling the resulting obligations.

 

Among others are considered as force majeure: strikes and failures of the technical and IT services.

 

11. Intellectual property

 

All editorial materials, pictures and images, illustrations, media and video files and any other graphic design material, and names and logos, trademarks and service marks which are presented on the site are material and intellectual property of SereniMax, or its affiliated companies or third parties with whom SereniMax has licence agreements and other conventions. They can be protected by copyright, trademark law, or any other law related to intellectual property. It is not allowed to copy, send, distribute, sell, publish, transmit, circulate, arrange or modify any Website material, whole or parts thereof. Should one wish to reproduce these or publicly communicate, one must apply for a written authorisation at SereniMax, unless the latter is not necessary under the concerned legal dispositions.

 

Conform the provisions of the law concerning copyright and neighbouring rights (June 30, 1994), one has the right to print or download fragments of the materials appearing on the Website, for non-commercial purposes, informative and personal, or to copy the material appearing on the website with the intention to disseminate and communicate them within the family circle. Certain names of enterprises, symbols, logos or designs and models which are appearing on the Website could be protected by industrial or intellectual copyright. It is therefore not authorised to use these freely.

 

The acceptance of the present GTC’s may in no circumstances be interpreted in the sense of being equated with obtaining a licence or other user right concerning the information, data, products or protected services by industrial or intellectual copyright.

 

12. Generalities

 

12.1.            Modification of the present GTC’s

 

SereniMax reserves the right, at its sole discretion, to modify the Website and/or the present GTC’s, included the Booking Fees, at any moment and without pre-warning.

 

In such a case, the modified version of the GTC’s will be published on the Website and SereniMax will equally send a modification notification to its Members. If the latter continue to access or use the Website after this notification and/or its publication on the Website, they accept de facto the modified version of the GTC’s; on the contrary, if the latter does not accept the modification, their sole recourse will be to cease using the Website.

 

The GTC’s will be enforceable to the Members of the Website starting from their publication on the Website, or starting from the modification notification to the Members and cannot be applied to previously concluded transactions.

 

12.2.            Convention of proof

 

The acceptance of the present GTC’s or the signature of the Test-drive Contract by electronic means, included email or text messaging, and between the parties, has the equivalent probative value as would the agreement if it had been concluded on paper.

 

The computerised records will be saved in computer systems under reasonable security conditions and are considered proof of communications between the parties.

 

12.3.            Applicable law

 

The provisions of the present GTC’s are ruled by the Belgian legislation. Failing an out of court settlement, any dispute relating to the interpretation or the execution of the present GTC’s will be subjected to the Brussels Commercial Court, sole jurisdiction.

 

12.4.            Alternative dispute resolution

 

By way of alternative dispute resolution measure, the Belgian Federal Service of Consumer Mediation has been appointed to receive all demands of out of court settlement of consumer disputes. The service will intervene directly or transfer a complaint to the appropriate service. Anyone residing in Belgium can contact the Federal Service of Consumer Mediation on http://www.mediationconsommateur.be/en.

 

In case of cross border dispute, anyone residing outside Belgium can contact the “Online Dispute Resolution” platform of the European Union on http://ec.europa.eu/odr.

 

12.5.            Language

 

The present GTC’s have been originally drafted in French (see www.serenimax.com/fr/conditions-generales-d-utilisation-du-site-serenimax). The present translation in English is only indicative and shall never supersede the French version. In the event of discrepancies between the original French version and the present English translation, the French version shall prevail.

 

 



[1] Such as in France with the form Cerfa 13754

[2]                Such as Facebook, Google+, etc.

[3] Not of the type 10MinuteMail, Mailinator, Yopmail, etc.

[4] Such as a Z plate in Belgium or a W plate in France

[5] Depending on the country, this may be done automatically by SereniMax by getting an access to the local centralised insurances database that itself provides a check on whether a car is insured or not

[6] Exception will be made if the vehicle is driven by a non-Member in order to respond to a situation requiring emergency transport of the Buyer to a doctor, hospital, clinic or any institution authorised to administer care

[7] As an example: if the compensation supposed to be paid to the Seller amounts to 5000 EUR, then 500 EUR will be paid by the Potential Buyer to the Seller through the use of the Deductible, while 4500 EUR will be paid by the Insurance Partner.