The website www.automarket.lu (the "Site") is the exclusive property of META Sarl (the "Company"), whose registered office is at 45A avenue Monterey, L-2163 Luxembourg, registration number 2007 2441 711. The Site is hosted by OVH, France.
Terms of Use
1. Definitions
For the purposes of these Terms of Use ("Terms"), the terms below have the meanings given by the following definitions:
- Buyer: a User wishing to buy a Vehicle.
- Listing: an offer for sale of a Vehicle on a Source Site, published on the Site.
- Terms: these Terms of Use, agreed to by each User, forming a contract between the User and the Company.
- Content: any content of any nature that a User publishes on the Site (written, graphic, photographic, video or other, including any name and/or image chosen by the User to identify themselves on the Site).
- Partner: a third-party service provider suggested by the Site.
- Services: the services offered by the Company via the Site, notably the publication of Listings posted on Source Sites, referrals to Partners, and assisting a Buyer through the purchase process under a mandate with Easy Lease/Lux Brokerage Sarl.
- Source Site: a website other than the Site on which a Seller has posted a Listing.
- Third Party: any individual or legal entity that is neither the Company nor a User.
- User: any individual or legal entity connected to the Site to benefit from the Services.
- Vehicle: a used motor vehicle, or a vehicle treated as new within the meaning of the law.
- Seller: an individual or legal entity that has published a Listing on a Source Site.
2. Purpose
The Company makes the Site and the Services available to the User. The User is authorized to use the Site and the Services provided they have accepted these Terms.
The Terms prevail over any other document. The Company may amend them at any time; the applicable Terms are those in force at each use of the Site. Submitting the "Contact request" form on the Site implies unreserved acceptance of the Terms. The User confirms acceptance of the Terms by checking the box "By checking this box I declare that I accept the Terms of Sale/Terms of Use of the automarket.lu service" when filling in the contact form.
The Company invites Users to read the Terms carefully before each new order. The applicable Terms are those in force on the day the order is placed and are available at any time on the Site, where they prevail over any other version. The language proposed for concluding Service order contracts is French. For any information, the User is invited to contact the Company by email: contact@automarket.lu
3. Status and obligations of the Company
The Company undertakes to do everything possible to provide the Services but is not bound by an obligation of result; the User accepts that the Company cannot guarantee the absence of bugs, errors or inaccuracies. This is a best-efforts obligation. The Services are intended to evolve and be modified.
With regard to the publication of Listings, the Company's role is strictly limited to publishing the Listing on the Site: the Company is a third party to any contract that may be concluded between a User and a Seller, or any other contract concluded by a User with a Third Party. Consequently, the Company does not guarantee the existence of the Vehicle, its conformity with the Listing, the Seller's rights over the Vehicle, the condition of the Vehicle, its availability, or any other matter relating to the Vehicle, the sale contract, or its performance.
4. Access to the Site and Services
Users are personally responsible for arranging the IT and telecommunications resources needed to access the Site. The Company endeavors to make the Site accessible 24/7, except in cases of force majeure or events beyond its control, and subject to any breakdowns and maintenance work required.
The Company cannot guarantee availability of the Site and/or Services, nor the reliability of transmissions and performance in terms of response time or quality. Technical assistance is provided by electronic or telephone means (see "Assistance"). The Company cannot be held liable in the event of inability to access the Site and/or use the Services. The Company may interrupt access to the Site or part of the Services at any time without notice, without incurring liability, which the User acknowledges and accepts.
5. Hyperlinks
The Site contains hyperlinks to other websites, notably to Source Sites. The Company cannot be held liable for any damage suffered as a result of being redirected to another website.
If a link to a page of the Site is created on a different website, the party responsible for that website must display the Site's page in a new browser window. The Company reserves the right to request removal of any hyperlink to the Site.
6. Use of the Site
6.1. Acceptance of the Terms — The User acknowledges having accepted these Terms without reservation. Acceptance must be full and unconditional; a User who does not accept being bound by the Terms as a whole must not access the Site or use the Services.
6.2. Creating a User Account — To use all of the Services, the User registers by creating a User Account, providing a valid email address, a password, a username, their date of birth, and a postal address. This information is mandatory unless indicated as optional; the User undertakes to provide complete and accurate information and to keep it up to date.
Creation of the User Account becomes final at the end of a registration process, which may include verification steps (notably of the User's email). Once created, the User Account provides access to a personal space for managing use of the Services. The User can access it at any time after identifying themselves.
The User undertakes to use the Services personally and not to allow any Third Party to use them in their place, at the risk of bearing full liability. The User undertakes to keep their username and password confidential: any action taken using these credentials is deemed to have been carried out by the User, who remains solely liable. If a password is lost, the User provides their email address to receive a link to generate a new password. The User must immediately contact the Company if they notice their Account has been used without their knowledge, the Company then being entitled to take any appropriate measures. The User may at any time request deletion of their account by emailing contact@automarket.lu
The User undertakes to create only one User Account; the Company reserves the right to delete any additional account. A User whose Account has been deleted is prohibited from creating a new one; the Company may delete any Account created in breach of this prohibition.
6.3. User's representations — Prior to registering, the User represents: if an individual, that they have full legal capacity to be bound by the Terms (an individual without full legal capacity may only access the Site and Services with the consent of their legal representative); if a legal entity, that they are acting through an individual with the legal capacity and authority to contract on behalf of that entity.
7. Users' obligations
7.1. General — The User undertakes to comply with applicable laws and regulations and not to infringe the rights of Third Parties or public order. The User is solely responsible for properly completing all administrative, tax and/or social formalities incumbent on them in connection with their use of the Services; the Company's liability cannot be engaged in this respect. The Company reserves the right to request from the User any documents and additional information it deems useful, notably for identity verification purposes, and may suspend access to the Site for any User who has not provided the requested documentation.
7.2. Use of the Services — The User is solely responsible for their use of the Services, notably any relationships formed with other Users, Sellers or Third Parties, and any information communicated to them. It is up to the User to exercise appropriate caution and judgment in these relationships and communications.
7.3. Use of the Site — The User is solely responsible for their use of the Site and guarantees to the Company that they hold all rights and authorizations necessary to transmit their data.
8. The Services
8.1. Publication of Listings from Source Sites — The Company provides access, via the Site, to Listings.
8.2. Mandate — The Company offers Users wishing to acquire a Vehicle a mandate with its strategic partner Easy Lease/Lux Brokerage Sarl, to act on their behalf to carry out the steps involved in purchasing the Vehicle. This mandate, provided for a fee, gives the Buyer support throughout the purchase process, simplifying communication with the Seller.
8.3. Email alerts — The Company offers a free subscription service for email alerts, aiming to surface the listing that best matches the User's search.
9. Assistance
9.1. Technical assistance — In the event of technical difficulties, the User may contact the Company by email at contact@automarket.lu
9.2. Administrative and commercial assistance — For any question about the Site other than a technical one, the User may contact the Company at the same address: contact@automarket.lu
10. Communication between Users and the Company
Any notice or communication provided for under the Terms is deemed validly delivered if sent: by post, to the Company at 45A avenue Monterey, L-2163 Luxembourg, or to the User at the postal address provided when registering; electronically, to the Company at contact@automarket.lu, or to the User at the email address provided when registering.
It is up to the User to prove any notice sent to the Company and to keep proof of when it was sent. The Company will primarily use email to inform the User; any email is deemed received fifteen (15) days after being sent by the Company.
11. Personal data
Browsing and registering on the Site involves the collection and processing of Users' personal data under the responsibility of META Sarl, 45A avenue Monterey, L-2163 Luxembourg, under the terms of the Privacy Policy.
12. Liability
12.1. Company's liability
The information and documents on the Site come from sources considered reliable; they may however contain technical inaccuracies or typographical errors, which the Company corrects as soon as it becomes aware of them. This information may be changed at any time. Use of the information and documents available on the Site is entirely at the User's own risk, without the Company's liability being engaged in this respect.
The Company is not bound by any obligation of result; its liability is strictly limited to providing the Services as described, to the exclusion of any other service.
The Company has no knowledge of Content published by Users, over which it performs no moderation, selection, verification or control of any kind, acting solely as a hosting provider. It cannot be held liable for Content authored by Third Parties; any complaint should first be directed to the author.
The Company acts in its own name and does not enter into any legal act on behalf of Users, who contract directly with one another or with Easy Lease/Lux Brokerage Sarl. It is not a party to contracts between Users and Sellers and cannot be held liable for difficulties arising in their conclusion or performance, nor be a party to any dispute between Users.
The Services are provided as is and without any warranty, express or implied. In particular, the Company does not guarantee that the Services will be entirely free of errors, defects or flaws, nor that they will specifically meet the User's personal needs and expectations. It cannot be held liable if the User does not find the Vehicle they are looking for, nor does it guarantee to Sellers that they will find Buyers.
The Company's liability cannot be engaged for indirect damages such as loss of profits, loss of earnings, loss of clientele, or harm to reputation.
Listings (text and photographs) are published under the responsibility of Sellers and may not be complete, exhaustive or current; it is up to the User to verify the information before concluding any contract. The Company disclaims all liability regarding the accuracy or relevance of Listings and exercises no control over the quality, operation, conformity or general condition of the goods advertised, nor over Sellers' ability to sell or Buyers' ability to pay. It never intervenes in transactions, which are governed by the rules of the Civil Code.
The Company cannot be held liable for the quality or specifications of products or services offered by its partners (import, financing, insurance, etc.).
12.2. User's liability
The User is liable for any damage of any kind caused to the Company or to any Third Party as a result of unlawful use of the Site. The User accepts the characteristics and limitations of the Internet and acknowledges in particular that the Company assumes no responsibility for services accessible via the Internet and exercises no control over the nature and characteristics of data passing through its server, that data circulating on the Internet is not protected against potential misuse, that such data may be regulated or protected by intellectual property rights, that the User is solely responsible for their use of data they access or transfer, and that the Company has no means of controlling the content of services accessible on the Internet.
13. Intellectual property
The information and data on the Site (text, images, software, excluding elements submitted by Users) are protected by international intellectual property laws. The Company owns all rights to the databases created via the Site as their producer, as well as the trademark "Automarket" (INPI filing no. 1036984) and duly registered domain names.
The User shall not copy, reproduce or distribute all or part of the Site without the Company's prior written authorization, and more generally shall not infringe the Company's intellectual property rights. Any breach affecting the integrity or proper functioning of the Site will engage the liability of its author.
14. Sanctions for a User's breaches
In the event of a breach of any provision of the Terms, or more generally an infringement of applicable laws and regulations by a User, the Company reserves the right to: suspend all or part of the Services; terminate the User's access to the Services; remove any Content connected with the breach; take any appropriate measures and bring any legal action; notify the competent authorities where applicable, cooperate with them and provide them with any useful information.
15. Suspension of an advertiser Account
The Company may suspend access to a User's advertiser Account in the event of a breach of any of their obligations. The Account will be suspended until the User has remedied the breach; if the nature of the breach makes it impossible to continue the contract, the Company may terminate it unilaterally. A professional User may also request suspension of their account by email.
During suspension, the User can no longer benefit from the listing-publication services until the breach has been remedied. Suspension only suspends the Company's own obligations; the User remains bound to perform theirs.
16. Termination of the contract
16.1. At the User's initiative — A User may terminate the contract at any time by unsubscribing from the Site and closing their User Account, by email to contact@automarket.lu
16.2. At the Company's initiative — In the event of a breach, the Company may send a formal notice by email. If, after 15 days, the formal notice has had no effect, the Company may terminate the contract by sending a second email. If the nature of the unmet commitments makes it impossible to continue the contract, the Company may terminate immediately upon establishing the breach.
16.3. Consequences — Termination results in deletion of the professional User Account and all of its listings.
17. Governing law and jurisdiction
Luxembourg law alone applies to the contract between the User and the Company. In the event of a dispute, a prior formal notice by registered letter with acknowledgment of receipt is mandatory; after 10 days with no response, either party may initiate any appropriate proceedings. The competent court is determined under ordinary law rules, except for merchants: any dispute relating to their business relations will be submitted to the exclusive jurisdiction of the courts of the place of the Company's registered office.
Terms of Sale
1. Definitions
For the purposes of these Terms of Sale ("Terms of Sale"), the terms below have the meanings given by the following definitions:
- Buyer: a User wishing to buy a Vehicle.
- Listing: an offer for sale of a Vehicle on a Source Site, published on the Site.
- Terms of Sale: these Terms of Sale, agreed to by each User placing an order for a Service.
- User Account: a dedicated space for the User following registration, accessible with a username and password.
- Partner: a third-party service provider suggested by the Company on the Site.
- Profile: the set of information relating to a User, accessible to other Users.
- Services: publication of Listings posted on Source Sites, referrals to Partners, and assisting a Buyer through the purchase process under a mandate with Easy Lease/Lux Brokerage Sarl.
- Source Site: a website other than the Site on which a Seller has posted a Listing.
- Summary: a document prepared by the Company and provided to a User on request, containing a record for each Vehicle with its characteristics and the offer of services with prices, all taxes included.
- Third Party: any individual or legal entity that is neither the Company nor a User.
- User: any individual or legal entity connected to the Site to benefit from the Services.
- Vehicle: a used motor vehicle, or a vehicle treated as new within the meaning of Article 298 sexies of the French General Tax Code, subject of a Listing.
- Seller: an individual or legal entity that has published a Listing on a Source Site.
2. Purpose
The Terms of Sale govern all contractual relations between the Company and Users. Placing an order for a Service implies unreserved acceptance of the Terms of Sale: the User confirms accepting them by checking "I have read the terms of sale and I accept them without reservation" when placing the order.
The Company may amend the Terms of Sale at any time; the applicable Terms of Sale are those in force on the day the order is placed, available at any time on the Site, where they prevail over any other version. The language proposed for concluding Service order contracts is French. Contact: contact@automarket.lu
3. User's representations
Prior to placing any order, the User represents: if an individual, that they have full legal capacity to be bound by the Terms of Sale (otherwise, only with the consent of their legal representative); if a legal entity, that they are acting through an individual with the capacity and authority to contract in its name.
4. User's obligations
The User undertakes to provide accurate, reliable, complete information necessary to process their order (name, address, phone number, valid email), and to keep it up to date. The User is liable for the consequences of any false or inaccurate information. In the event of non-payment or irregularity, the Company reserves the right to cancel the order and/or delete the Account. The User undertakes not to use false information or that of a third party, not to infringe third-party rights, and indemnifies the Company against any resulting legal action.
5. The Services (subcontracted to Easy Lease/Lux Brokerage Sarl)
5.1. Search service — The Site aggregates Listings that can be browsed on a single platform or by phone. Under each Listing, the User has an "I'm interested in this car" button; clicking it expresses interest and consent to being contacted, via a form requesting: name, email address, country, phone number, message, listing link and reference, financing needs, trade-in of a current vehicle, urgency of the request, and whether an email copy is wanted.
The Company undertakes to attempt to contact the User to gather as much information as possible about the Vehicle sought, without committing to any particular method of contact, minimum timeframe, or repeated attempts if the first fails. It then attempts to contact the Seller to determine whether the Vehicle is available, the number of previous owners, and details of its last service, without guaranteeing the accuracy of this information or the Vehicle's availability.
The Company also searches for other Vehicles with similar characteristics to offer a Summary that matches, as far as possible, the Vehicle sought and the User's budget, the User acknowledging that the information in the Summary is not guaranteed.
5.2. Delivery service — When the User wishes to acquire a Vehicle, they may mandate Easy Lease/Lux Brokerage Sarl to travel to the Seller, purchase the Vehicle, and deliver it, provided the agent has received the funds needed for the purchase, payment for this Service (and, where applicable, the Price Negotiation Service), and proof of mandatory insurance for the Vehicle with an effective date no later than the day of collection. The User authorizes the agent to handle their funds (collecting and forwarding them, or transferring directly to the Seller).
This mandate is for a fee; it is formed by payment and ends upon delivery or, failing that, one month after payment. An accounting is provided at the end of the mandate, with Easy Lease/Lux Brokerage Sarl entitled to reimbursement of its advances and expenses, and to its fee even in the event of a failure not attributable to its fault.
The User and Easy Lease/Lux Brokerage Sarl agree on the place, period and time window for delivery, and the mode of transport. The price quoted in the Summary may change depending on the specifics of the request. The User acknowledges that transport by driver inevitably causes normal wear (tires, brake pads, clutch, etc.) and waives any claim on this basis.
Easy Lease/Lux Brokerage Sarl draws up a condition report with the Seller when taking possession of the vehicle, and a second one with the User at delivery. Only a difference between the two reports, beyond normal wear, may support a claim from the User; for any other request relating to the Vehicle, the User must contact the Seller directly, as Easy Lease/Lux Brokerage Sarl is not the Seller.
5.3. Warranty service — Easy Lease/Lux Brokerage Sarl offers to put the User in touch with a specialized company for a vehicle warranty contract, without guaranteeing that the Vehicle can actually be covered (notably due to its age or mileage) or being liable for the relationship with that company. The User may mandate Easy Lease/Lux Brokerage Sarl, on the same terms as the purchase-and-delivery mandate, to act directly with it.
5.4. Price negotiation service — Easy Lease/Lux Brokerage Sarl undertakes to attempt to negotiate the sale price of Vehicles offered in Listings. When it obtains a price lower than the one in the original Listing, the price of this Service is equal to half the difference between the new price and the original price.
5.5. Vehicle registration service — Easy Lease/Lux Brokerage Sarl offers to put the User in touch with a specialized company for registering the Vehicle, without being liable for that relationship. The amount of registration taxes in France is set by the Préfecture de Police and may change. The User may mandate Easy Lease/Lux Brokerage Sarl to act directly with the specialized company. The User acknowledges that the process requires providing administrative or tax documents, and that Easy Lease/Lux Brokerage Sarl cannot be held liable if registration proves impossible (a modified vehicle no longer matching its original model, or a vehicle sold new outside the European market and not approved for it).
6. Price of the Services
The price of the Services is indicated in the Summary, always shown inclusive of all taxes. These prices are fixed and non-negotiable. The Company reserves the right to change its prices at any time; Services ordered are invoiced at the price in force when the order is recorded.
7. Payability of the price of the Services
7.1. The price of the Search and Negotiation Service is payable if the User buys a Vehicle listed in a Summary previously provided to them.
7.2. The price of the Inspection Service and, where applicable, the Delivery Service is payable as soon as the User orders one or both Services.
7.3. The price of the Warranty Service and, where applicable, the Registration Service is not payable to the Company, as it merely refers the User to a specialized company.
8. Method of payment
Only payments in euros are accepted. The User may pay by bank transfer.
9. Confirmation of a Service order
The User confirms their order by email or phone, accepting the commercial proposal sent by an advisor; this confirmation only becomes fully effective upon payment. In accordance with applicable regulations, any sum not paid by its due date by a professional Client incurs a flat penalty of forty (40) euros for collection costs, cumulative with any late-payment penalties. The Company confirms the order with a recap email including the applicable Terms of Sale. Cancelling a Service after the order has been confirmed with META Sarl may result in a charge of thirty (30) euros per cancelled Service.
10. Governing law
The Terms of Sale and any related action are governed by Luxembourg law.
11. Customer relations
For any information or question, the Company has a customer relations service by email: contact@automarket.lu
12. Liability
The Company shall be released from liability by proving that non-performance or improper performance of the contract is attributable to the consumer, to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.
13. Address for service
The Company elects domicile at its registered office, 45A avenue Monterey, L-2163 Luxembourg. The User elects domicile at the address registered in their User Account.
14. Personal data
The collection and processing of Users' personal data is carried out under the responsibility of META Sarl, 45A avenue Monterey, L-2163 Luxembourg, under the terms of the Privacy Policy. Telephone conversations may be recorded to improve the quality of the Services. In accordance with data protection law, you have a right of access and rectification regarding your data: contact@automarket.lu