General Terms & Conditions

Article 1: Scope and Application

1. These General Terms and Conditions (hereinafter referred to as the "Terms") apply to all commercial transactions, offers, and agreements concluded between <strong>PSmotors</strong> (hereinafter referred to as the "Seller") and professional buyers (hereinafter referred to as the "Buyer").

2. Services are provided exclusively to entrepreneurs (natural or legal persons) acting in a professional capacity. By using the platform, the Buyer confirms they hold a valid EU VAT number. These Terms supersede any purchasing conditions used by the Buyer.

Article 2: Conclusion of Contract and Negotiations

1. PSmotors Rights: PSmotors is not obliged to accept any offer and reserves the right to reject an offer or present a Counteroffer.

2. Finalization: The sales contract is deemed concluded only after a "Double Confirmation" phone call is conducted by a PSmotors representative and a proforma invoice has been issued.

3. No Right of Withdrawal: As this is a B2B transaction between professional entities, the right of withdrawal (the statutory return period for consumers) is expressly excluded. Once the Double Confirmation is made, the Buyer is legally obligated to complete the purchase.

Article 3: Prices and Payment Terms

1. Currency and Taxes: All prices are quoted in Euro (€) and are Net prices (excluding VAT), unless otherwise stated (e.g., VAT Margin scheme).

2. Payment Deadline: The Buyer must execute a full bank transfer within two (2) business days from the date the proforma invoice is issued.

3. Penalties for Late Payment: Failure to pay within the above period constitutes a material breach of contract. PSmotors reserves the right to:

• Impose a Contractual Penalty amounting to 10% of the net price of the vehicle.
• Refer the case to external debt collection agencies to recover the penalty and incurred costs.
• Permanently block the Buyer’s account. Access to the platform may only be restored after the 10% contractual penalty is paid in full.

Article 4: Vehicle Condition and Mileage

1. B2B "As Is" Sale: Vehicles are sold as used goods. The Buyer acknowledges that vehicles will bear normal signs of use consistent with their age and mileage.

2. Exclusion of Warranty: The Buyer expressly waives the right to claims under implied warranty (for hidden defects) against PSmotors. Manufacturer warranties, if active, are transferred in an "as is" state.

3. Mileage Discrepancy: The Buyer acknowledges that the mileage may differ slightly from the figure stated in the advertisement due to logistics, terminal movements, and transport loading.

Article 5: Logistics, Delivery, and Risk

1. Mandatory Transport: For security and insurance reasons, delivery is organized exclusively by PSmotors to the registered business address of the Buyer.

2. Transfer of Risk: The risk of damage or loss passes to the Buyer upon delivery and the signing of the consignment note (CMR or equivalent document).

3. CMR Rule: Any visible damage (scratches, dents, missing parts) must be recorded immediately on the CMR in the presence of the driver. Failure to make such annotations results in the forfeiture of the right to claims for visible damage.

Article 6: Claims Policy

1. Deadlines: Hidden mechanical defects must be reported within 3 business days of delivery and before the vehicle has been driven more than 100 km from the moment of delivery.

2. Documentation: All claims must be sent to info@psmotors.be including high-resolution photos, a diagnostic report (in case of mechanical defects), and a copy of the CMR note.

3. Unauthorized Repairs: The Buyer may not commence repairs before receiving written consent from PSmotors. Unauthorized repairs will lead to the rejection of the claim.

Article 7: Liability and Legal Protection

1. System Failures: PSmotors is not liable for damages resulting from technical interruptions, IT system failures, or incorrect data synchronization from external providers.

2. Indirect Damages: PSmotors is not liable for the Buyer’s loss of profits, business interruptions, or any indirect material damage.

3. Force Majeure: PSmotors is not liable for delays or loss of data caused by third parties, transport strikes, or acts of God (force majeure).

Article 8: Intellectual Property

All content, layouts, logos, and descriptions on the PSmotors website are the exclusive property of PSmotors. Unauthorized use, data scraping, or reproduction will result in civil and criminal liability.

Article 9: Jurisdiction and Governing Law

1. These Terms are governed by Belgian Law.

2. Any disputes shall be resolved exclusively by the courts competent for the registered seat of PSmotors.