Terms of use

1. Who we are

Carmantic is a service of Hebel & Margo BV, Kapellekensweg 32, 3391 Meensel-Kiezegem, Belgium, company and VAT number BE 0794.199.079, email support@carmantic.be ("Carmantic", "we").

These terms apply to every use of Carmantic by a business ("the customer") and by the people the customer gives access ("users"). Carmantic is intended for businesses only, not for consumers. The customer's own general terms do not apply unless we accept them in writing.

2. The service

With Carmantic, the customer prepares purchase slips, margin certificates, brokerage and consignment agreements and related documents, has them signed on the spot or through a personal link, adds documents and photos, and sends the dossier to itself, its customer or its accountant.

Carmantic is not a party to the agreements the customer concludes with its own customers. We do not buy or sell vehicles, do not receive payments for vehicles and do not act as an intermediary.

Extensions such as Carmantic Turbo are part of the service as soon as the customer takes them; these terms apply to them as well.

3. Account and access

An account is opened by Carmantic, after a demo or an agreement with the customer. The customer's administrator invites its users and decides their role.

The customer ensures that users keep their password secret, that only authorised people have access and that accounts of staff who have left are removed. We recommend switching on two-step verification. Everything done through one of the customer's accounts counts as an act of the customer, unless it shows that the account was misused through no fault of its own.

If the customer suspects misuse, it reports this immediately to support@carmantic.be.

4. Model texts: the customer's responsibility

Carmantic provides model texts as a tool. They are drafted with care, but they are not legal, tax or accounting advice and do not take the particular circumstances of each purchase into account.

The customer remains responsible for:

• the content of every document it prepares, has signed or sends;
• the accuracy of the data it or its customer enters (vehicle, price, identity, condition of the vehicle);
• choosing the right document and the right VAT scheme, such as the special margin scheme;
• identifying its customer and complying with the rules on cash payments and anti-money laundering;
• performing the agreements it concludes.

Have the model texts checked by your own accountant or lawyer if you are in doubt or your situation is unusual.

5. Electronic signature

A signature in Carmantic is a simple electronic signature within the meaning of the eIDAS Regulation (EU) No 910/2014. With every signature, Carmantic keeps evidence: the time according to the server, the way of signing, the device and browser, a pseudonymised IP address, the dossier's log and a fingerprint (hash) of the document.

A simple electronic signature is not a qualified electronic signature. The customer decides for itself whether it is sufficient for its agreements. We do not guarantee that a court or authority will accept a signed document in every situation.

6. Price, invoice and payment

The price is the one in the quote or, without a quote, the one on the website at the time of ordering, excluding VAT. The subscription is invoiced yearly in advance. Invoices are payable within 14 days, by bank transfer or direct debit.

If an invoice remains unpaid after a reminder, we may switch the account to read-only: the customer can still view and download its dossiers, but cannot prepare new ones or have them signed. After payment, everything works again immediately. The Belgian Act of 2 August 2002 on combating late payment in commercial transactions applies to unpaid amounts.

We may change our prices. We announce this by email at least 60 days in advance; the new price applies from the next yearly period. A customer who does not agree can cancel with effect from the end of the current period.

7. Term and cancellation

The subscription runs for one year from activation and is renewed tacitly for one year each time, unless a party cancels it by email no later than one month before the end of the current period.

Either party may terminate the agreement if the other party fails to remedy a serious breach within 15 days of a written notice of default. We may suspend access immediately in case of misuse that endangers the service, other customers or third parties.

8. After the end

After the agreement ends, the account stays read-only for 30 days so the customer can download its dossiers. We then erase the customer's data within 90 days, except what we are legally required to keep (such as our invoices) and backups, which are overwritten automatically.

The customer remains responsible for keeping its documents for the legal periods that apply to it.

9. Availability and maintenance

We do everything reasonable to keep Carmantic secure, available and free of errors, and we make regular backups. We cannot guarantee uninterrupted operation: the service also depends on the internet, devices and external suppliers. We announce planned maintenance in advance where possible.

We may improve and change the service. We announce in advance a change that removes an essential function.

10. Acceptable use

The customer and its users do not use Carmantic:

• for unlawful purposes, false or misleading documents, or vehicles they know or suspect to be stolen;
• to process personal data without a legal basis or beyond the purpose of their purchase or sale;
• to test or bypass security, overload the service or collect data automatically without our written permission;
• to copy, rebuild or resell the software.

11. Personal data

For the data of its own customers (sellers, consignors and other people in the dossiers), the customer is the controller and Carmantic processes that data only on its behalf. The data processing agreement on this website forms part of these terms.

How we process personal data ourselves (for example of users and of people who request a demo) is described in our privacy statement.

12. Intellectual property

The software, the design, the model texts and the Carmantic brand remain the property of Hebel & Margo. For the term of the agreement, the customer receives a non-exclusive, non-transferable right to use Carmantic for its own business.

The customer's data, documents and photos remain the customer's. It may freely use and keep the documents it prepares with Carmantic, also after the agreement ends.

13. Liability

Our liability is limited to direct damage resulting from a fault on our part and, per year, to the amount the customer paid for Carmantic in the twelve months before the event causing the damage.

We are not liable for indirect damage, such as loss of profit, loss of customers or turnover, fines, additional tax assessments or interest, nor for damage resulting from the content of documents, from data entered by the customer or its customer, or from the non-performance of agreements between the customer and its customers.

These limitations do not apply in case of fraud, intent or gross negligence on our part, nor to damage to life or health.

14. Force majeure

Neither party is liable for a failure caused by force majeure, such as an outage at an external supplier, a cyberattack that succeeds despite reasonable measures, a power or network failure or a decision by an authority. If force majeure lasts longer than 60 days, either party may terminate the agreement free of charge.

15. Changes to these terms

We may change these terms. We announce a change by email to the customer's administrator at least 30 days in advance. If the change is material and to the customer's disadvantage, the customer may cancel the agreement free of charge before it takes effect; it is then refunded the part of the yearly price that relates to the remaining period.

16. Final provisions

If a provision is invalid, the others remain in force and we replace the invalid provision with a valid one as close to it as possible. Not exercising a right immediately does not mean giving it up. We may transfer the agreement to a business that takes over Carmantic, provided we inform the customer.

These terms exist in Dutch, French and English. If the versions differ, the Dutch text prevails.

Belgian law applies to this agreement. Disputes fall under the jurisdiction of the enterprise court of Leuven, unless the law mandatorily designates another court. We first try to settle a dispute amicably.