General Terms and Conditions (GTC)
911 Vintage is owned by ELFER BVBA (ELFER), De Limburg Stirumlaan 24/2C, 1780 Wemmel, Belgium. 911 Vintage operates a virtual marketplace for various products and services joining sellers and buyers on the Internet under the address www.911vintage.com (incl. sub-domains). ELFER offers its customers (users) web space on the 911 Vintage website for their product advertisements ("classifieds", “ads”, “advertisements”) to sell products to their interested third parties (buyers).
These General Terms and Conditions (GTCs), as well as the documents referenced herein, such as the price list, apply to the contractual relationship between ELFER and its users as well as to the use of the website by the user and to all services that ELFER provides for the user in association with the 911 Vintage website.
GTCs issued by the user do not apply to the contractual relationship between ELFER and the user.
c. Position of ELFER and 911 Vintage
The website of 911 Vintage is merely a virtual market place operated by ELFER for its registered users to place classifieds of products related to the Porsche 911 sports car. The website does not provide means for the conclusion of contracts between the registered users and other users. ELFER is bound neither as broker nor agent nor party nor representative of a party in the relationship between the user and the buyer. Contracts that are initiated as a result of an advertisement placed on the website and will be concluded and fulfilled without any involvement of or by ELFER.
Natural as well as legal entities based in Belgium or abroad may subscribe to the services of 911 Vintage.
Legal entities must register as dealers (“business users”). Business users are a sub-category of registered users. Registered users which are not dealers are referred to as “private users”. 911 Vintage may allow exceptions regarding the qualification of a legal entity as a dealer upon request. 911 Vintage may create further user categories.
Minors and persons incapable of acting legally are excluded from subscribing to the service.
b. Conclusion of the Contract
The contract between 911 Vintage and the user for the use of the user area enters into force as soon as (i) the user has submitted to 911 Vintage a corresponding electronic registration form with detailed user information (name, address and contact email) with the objective to upload Porsche 911 advertisements, and (ii) 911 Vintage has accepted this offer by providing access to the website.
911 Vintage will exercise its own discretion in accepting or rejecting users.
c. Creation of a User Profile
911 Vintage provides a web template for the user to create a user profile. The user profile contains general information (e.g., name, contact details and a short description of the user) and will be published on the website and made generally accessible to all users.
The information submitted by the user upon registration will be prepared by 911 Vintage for release on the website and the layout will be adapted to the requirements of the Internet as well to the “look and feel” of the website.
d. Accuracy of the User Profile
The user must ensure that all information used in creating the registered user profile (e.g., texts, logos, images) is accurate and stays up-to-date over time. 911 Vintage will not be held responsible for any level of misrepresentation on behalf of any user on their profile. 911 Vintage can suspend user accounts at its sole discretion and for infinite time if required.
e. Business User Packages
Business users must register for “business user packages” which include a specific number of classifieds per year, which are included in the package fee (c.f. Clause 6). As soon as a business user has exhausted the number of advertisements associated with the chosen package, no more advertisements can be placed. No business package fee will be credited or refunded if a user does not exhaust the number of advertisements per year
There is no subscription fee in addition to the package fees.
Business users can always purchase more classifieds in the form of extra business user packages at any time. Extra business packages can be purchased either directly on 911 Vintage or by e-mail. The services will then be continued according to the terms of the upgraded dealer package for the remaining time period of the agreement, as well as for the renewal periods. If the business user requests a bigger package, he/she will owe and must pay the difference between the original business package fee for the current business package and the one for the newly selected business package for the remainder of the contract period and any extensions plus the originally agreed-upon amount.
If the business user would like a smaller business package then he has to inform 911 Vintage latest 10 days before the termination of his current dealer package in written or by e-mail. For the remaining period until the expiration of the first or any subsequent subscription period the conditions of the original business package apply, upon which time the conditions of the newly selected business package apply.
f. Purchase of Classifieds by Private Users
Private users can book a single product advertisement free of charge. They may freely choose from the available options, e.g., the duration of the advertisement publication. If the private user wishes to book more than 1 product advertisement, he/she will need to request one/more private user packages. The same terms apply for requesting bigger or smaller packages for private users as for business users. Pricing of private and business packages remain at the sole discretion of 911 Vintage.
g. Right of Withdrawal for Users Residing in Germany
In case you act as a consumer according to the applicable German legal provisions you may withdraw your consent to the agreement with 911 Vintage within 14 days after the contract was concluded without stating reasons. In order to achieve this, please write to the postal or e-mail address as it appears in the imprint with the subject “Withdrawal of Consent According to Distant Selling Regulation”. The timely dispatch is sufficient to observe the deadline, and you will not be bound to the agreement with 911 Vintage anymore. Payment obligations for the period up to the withdrawal persist. Your withdrawal right expires prematurely in case the agreement has been completely fulfilled by both parties in accordance to your express wish before you exercise your withdrawal right.
2. Use of the Website
a. The User Interface
Users are granted access to a restricted area on the website. The restricted area (user interface) is only accessible by exclusive means of authentication. In the user interface, special functions are available to upload and edit product advertisements.
b. Legitimation and access data
The user will determine their own password and user name as means of authentication for access to the user interface in order to place, modify or delete classifieds. 911 Vintage is not responsible for loss of usernames or passwords.
Access data have to be kept confidential at any time. In case of a disclosure of access data to third parties the user has to change his password immediately. Whenever a certain set of access data is used on the website, 911 Vintage may assume, and the access is deemed to have originated from, such user. The user is personally wholly responsible for the use of his/her user account by third parties.
A product advertisement or classified contains a presentation of an offer, for which the user is solely responsible, and by which the user is looking for interested parties for the product or service mentioned in such advertisement.
After the user has uploaded and published an advertisement, it will be accessible for the external users of the website and for queries through the search forms (and possibly the websites of 911 Vintage partners as well as the Porsche 911 fan page on Facebook).
If another user (buyer) is interested in a product of a 911 Vintage user (seller), such buyer must contact the seller autonomously either via the contact data which is published on the website or the contact function of the website. The terms and conditions are negotiated, and the contract is concluded directly between the seller and the buyer, without participation of, and outside the scope of 911 Vintage.
An advertisement is published on the website and can be viewed by the users for the agreed publication period and any agreed extension period. Upon expiration of the publication period the advertisements will be deactivated and moved to the archive by 911 Vintage.
The user may, for the prices referenced under Number 6, place any number of advertisements on the website (dealers by buying additional business packages).
d. Content of Classifieds
Any information communicated to 911 Vintage and/or uploaded and published on the website must be true and accurate and kept up-to-date over time. In particular, as soon as a product has been sold or is no longer available for any other reasons, the user must update immediately the respective advertisement or delete it.
The user is obligated to adhere to good faith, in particular, to make correct, honest statements about the product being offered. Properties that are essential to users, e.g., known or suspected defects in a product, must be stated in the advertisement. However, the ad does not have to contain detailed terms and conditions of the contract. It is not an offer, but rather a non-binding invitation by the registered user to receive an offer by a buyer or any other third party. As such, the advertisement serves primarily to establish a contact between the registered user and third parties acting as potential buyers.
The user may only advertise for products, of which he/she is legally entitled to dispose of, i.e. products, of which he/she is the sole owner without encumbrance and which he/she is entitled to transfer.
The user is obligated to comply with all applicable legal regulations in formulating the content of the advertisements he/she places on the website.
The user may only advertise products, for which there is a product category provided on the website. Offering several different products (individually or as a package) in a single advertisement is prohibited. The user is obligated to publish product advertisements in the applicable product category. The registered user is not permitted to include links to external websites or contact information (web or e-mail addresses, telephone numbers, etc.) in his/her advertisements or to advertise for products or services that do not correspond to the category in which the advertisement is published.
The 911 Vintage team may freely delete product advertisements or suspend user accounts for being in conflict with product advertisement (classifieds) terms and conditions.
e. Practices Prohibited for Technical Reasons
Any actions by the user (e.g., use of software, scripts or other mechanisms), that have or could have a negative effect on the regular and proper operation of the website are prohibited. The user must refrain from any actions that could excessively burden the website’s technical infrastructure.
The use of robots, crawlers and the like to copy the content of the website is prohibited. 911 Vintage may order the user to delete all data which is collected by such means. Claims by 911 Vintage for damage compensation are reserved.
f. Intellectual Property
The registered user must ensure that all necessary information for creating his user profile (e.g., texts, logos, images) do not infringe third-party rights. In particular, it is prohibited to neither use copyrighted third party material (e.g., pictures or product descriptions) from the Internet which the registered user did not create on his own or has not been granted a license for.
The registered user herewith grants 911 Vintage a non-exclusive, perpetual, irrevocable, royalty-free right to publish, reproduce, edit, disseminate, create derivative works of and sub-license the content (especially text, image, audio and video content) transferred to 911 Vintage both online and offline (e.g. in print or online media). This license includes especially the right to use the content for advertisement and marketing purposes. 911 Vintage are entitled to integrate the registered user's advertisements into other print and online media (e.g. trade magazines, websites of 911 Vintage's cooperation partners or social media channels), as well as into software applications, e-mails or marketing campaigns.
All rights to intellectual property (copyrights, trademarks, and other protected rights) with respect to layout, information, elements, and content on the website, with the exception of content provided by the registered user, are owned by 911 Vintage or are subject to license agreements. All rights remain with 911 Vintage and/or the original rights holder. The publication, reproduction, transmission, editing and/or linking of the layout, information, elements and contents of the website for any public and/or commercial purpose of any form requires the prior written consent of 911 Vintage.
The publication of the registered user's own advertisements in social networks (e.g., Facebook) or on websites which are operated by the user himself (such as blogs) is permitted. In such cases, a link to the original advertisement on the 911 Vintage website has to be set.
g. Blocking or Removal of Classifieds by 911 Vintage
For legitimate reasons, in particular if provisions of this Number 3 are violated, 911 Vintage may block or delete the registered user's advertisements wholly or partially without consulting the subscriber and without stating any reasons.
No subscription fees will be credited or refunded if 911 Vintage blocks or deletes a product advertisement. 911 Vintage shall not be held liable for any blocking or deletion.
3. Duration and Completion of the Contractual Relationship
a. Contract for Indefinite Term; Termination for Convenience
The Contract is concluded for an indefinite term.
b. Form of the Notice
The business packages and private listings are valid for a limited period of time. When this term expires, the account is automatically disabled and the listings are taken offline. You do not need to send a notice confirming your cancellation.
If you choose to store your card details, the package will not be renewed automatically before the expiry date.
c. Termination for Cause
Notwithstanding Clause 4a, 911 Vintage may terminate any agreement if a registered user materially breaches the agreement, such as, but not limited to, violations of these GTCs by the user (including the terms of payment or wrong or incomplete declarations in the user's profile), violation of rights of other registered users, non-registered buyers, or third parties, actions that harm the image of 911 Vintage or ELFER BVBA, or a change in the legal or technical standards in the Internet that make it unreasonable for 911 Vintage to continue to provide its services either wholly or in part.
d. Results of a Termination for Cause
A registered user cannot derive any claims against 911 Vintage or ELFER BVBA in connection with a termination for cause by 911 Vintage; the fees are non-refundable.
The user is prohibited from re-subscribing to the platform without written consent by ELFER BVBA on behalf of 911 Vintage. In case of a violation of this provision, the registered user owes 911 Vintage a penalty of EUR 100.-.
4. Liability, Warranty and Indemnification
a. In General
911 Vintage is only liable for direct damages that are caused by a malicious or grossly negligent act by 911 Vintage or ELFER BVBA. To the extent permitted by applicable law, liability on the part of 911 Vintage, ELFER BVBA, as well as its employees, organs, representatives, subsidiaries, auxiliary persons (including third parties who perform services for 911 Vintage) for damages, especially for indirect or subsequent damages (e.g., lost profits or the consequences of data loss) – regardless of the legal reason – is excluded.
b. Technical Defects, Maintenance, and Capacity Limitations
911 Vintage endeavors to make the website as consistently available as possible. However, a 100% availability of the website is technologically not possible. Disruptions in the services or temporary suspension of the operation of the website or availability of advertisements that have been placed can occur for reasons of maintenance, security or limitations in capacity, or due to events that lie outside of 911 Vintage's range of influence (such as disruptions or interruptions of public communications systems or power failures). 911 Vintage reserves the right to temporarily restrict the uploading, editing and access to the advertisements if this is necessary for reasons of limited capacity, security or integrity of the service, or to carry out technical measures (e.g. maintenance).
911 Vintage excludes any liability for interference and/or interruptions of services, as well as damages caused by software, hacker attacks or other problems caused by the Internet is excluded regardless of the cause. The fees are non-refundable.
c. No Responsibility for Third Parties
As the operator of the website, 911 Vintage is not responsible for the fulfillment of contracts which are concluded between registered users and buyers. In matching registered users and buyers, 911 Vintage uses the information given to 911 Vintage “as is”. 911 Vintage excludes any liability for the accuracy of such information.
911 Vintage also excludes any liability for the acts of its registered users or buyers, in particular in connection with the inaccuracy of the information provided by them.
d. No Liability for Website Content
911 Vintage assumes no liability for the correctness, accuracy, legality, completeness, or quality of the content of the website, of websites that can be reached through links on the website or in which the registered user's advertisements are integrated, regardless whether this content was published by other users, by third parties or by 911 Vintage itself.
Declarations published by 911 Vintage on the website are deemed to be preliminary and non-binding and never constitute binding offers.
e. Liability of the Registered User for Breach of Contract; Indemnification
The registered user is liable towards 911 Vintage for any damage caused by breach of contract.
The registered user shall hold 911 Vintage and ELFER BVBA harmless and indemnify 911 Vintage against all claims brought by third parties that arise from infringement of third party rights by content communicated and/or placed by the user on the website. The user will compensate 911 Vintage for all possible damages incurred including, but not limited to, subsequent damages, expenses such as costs for defense against such claims in and out of court (including any court costs and reasonable attorney’s fees).
5. Prices and Payment Terms
The prices for the services provided by 911 Vintage (packages) are published on the website and can be viewed by any user or visitor whenever the website is available.
Unless otherwise declared, the fee is net and excluding VAT and any bank, credit card or money transfer charges.
The fee for the services used by professional users will include the following elements:
i) The fixed fee that grants access to a predefined number of product advertisements (classifieds) for the business user package;
ii) The supplemental fee(s) (extra options) that the business user owes 911 Vintage for additional services: product advertisement on the home page, placement of advertisement at the top of the first classifieds page or publication of the product advertisement on the Porsche 911 fan page on Facebook.
Billing for professional is generally in advance for the current contract period.
Billing for the services used by private users is in advance for the current advertisement period.
The amount of the classifieds packages fee is determined by the applicable prices at the time of registration. Supplemental fees are subject to change during the contract period.
911 Vintage remains the sole decision maker of pricing and can at any time at its sole discretion adapt pricing for its private and business user packages and services.
b. Means of Payment
Payments are made via credit card and / or PayPal or any other means of payment indicated by the payment platform (Multisafepay). The registered user authorizes 911 Vintage to charge the fee to his/her credit card. The registered user is obligated to ensure that adequate credit is available on the card at all times.
Billing statements will be sent via e-mail to the address that the user noted in the user registration form and/or communicated to 911 Vintage thereafter. The user must inform 911 Vintage of any objections to the billing statement within 10 days; otherwise, the fee stated in the billing statement will be deemed accepted. The fee is due and payable within 10 days of the billing statement date without any discount.
c. Default of Payment
Should the payment of the fee not be credited before the payment deadline, default of payment will automatically apply without notice by 911 Vintage that the account is in default. 911 Vintage is entitled to charge default interest at a rate of 10% per year without any further notice. Additionally, dunning costs of 50.00EUR per reminder must be paid by registered users. 911 Vintage is also entitled to block the registered user's account temporarily or permanently without any further notice to such user and/or to cancel the contract without notice. The registered user has no claim to compensation for damages against 911 Vintage in such a case. The fees are non-refundable.
6. Data Protection and Data Security
a. Transfer of the Contractual Relationship, Rights and Obligations to Third Parties
911 Vintage and ELFER BVBA are entitled to transfer or pledge the contractual relationship with the registered user or individual rights and obligations deriving from the contractual relationship wholly or partially to a third party; 911 Vintage guarantees to registered users that the third party will fulfill obligations arising from this agreement during the current contract period. Registered users may only transfer or pledge the contractual relationship with 911 Vintage or individual rights or obligations deriving from it to a third party with the prior written consent of 911 Vintage or ELFER BVBA on behalf of 911 Vintage.
b. Prohibition to Set-Off
Business users are not entitled to offset their due claims with claims from 911 Vintage.
c. Delegation to Third Parties
911 Vintage may wholly or partially delegate the performance of services to third parties.
d. Written Form
Deviating or supplementary provisions, side agreements or changes to these GTCs only apply if 911 Vintage, or ELFER BVBA on behalf of 911 Vintage, has consented to them in writing (email also valid).
The nullity or non-enforceability of individual provisions of these GTCs does not affect the non-enforceability of the remaining provisions. Any invalid or unenforceable provisions will be replaced by those that most closely approximate the goal and purpose of the invalid or unenforceable provision. This will be carried out commercially in a legally enforceable manner. The same applies to any loopholes.
f. Change of GTCs, Prices, and Website
By using the services offered by 911 Vintage the registered user recognizes the currently valid prices and GTCs.
911 Vintage reserves the right to change these GTCs at any time without stating any reasons and to publish the currently valid version on the website. The changed GTCs will be sent to registered users via email. The changes are deemed accepted insofar as the registered user does not state any objections in writing within 10 days of the announcement or if the registered user continues to use services from 911 Vintage after the expiration of the deadline for filing objections. In case of an objection the contract terminates without further notice.
911 Vintage reserves the right to adapt supplemental fees during the contract period to market or price developments.
911 Vintage reserves the right to change the services of the website and its structure (in particular the individual product categories) for just reasons during the contract period, or to offer differing services.
g. Applicable Law, Court of Jurisdiction
The contractual relationship between the registered user and 911 Vintage (including these GTCs) is exclusively subject to the law of Belgium excluding agreements under state treaties and especially the United Nations Convention on the International Sale of Goods from April 11, 1998.
All disputes or claims deriving from or associated with the contractual relationship between the registered user and 911 Vintage, including its validity, violation, or dissolution will be decided upon by the competent courts. The exclusive court of jurisdiction is Brussels, Belgium. However, 911 Vintage reserves the right to bring claims against the registered user at any other responsible court. Compulsory jurisdiction over consumer contracts is reserved.