Terms and conditions

Terms and conditions

CarBeat by TM8 VAT/CVR 37590649

1. INTRODUCTION
   
   These terms and conditions apply to transactions in the EU, which covers transactions where both the seller and buyer reside in the EU. If the seller and/or buyer reside outside the EU, please refer to separate versions of these terms and conditions.
   
   By accessing or using the Platform – or by indicating consent in any other way – a user, seller, buyer or others accept these Terms with legally binding effect.
   
2. OM CarBeat by TM8

CarBeat by TM8
CVR no./37590649
Nyelandsvej 54
DK-2000 Frederiksberg
mail@carbeat.dk
www.CarBeat.dk

CarBeat by TM8 exclusively operates and provides a platform that acts as a digital auction house with the aim of facilitating the purchase of used vehicles between seller and buyer – individuals and businesses – by connecting the parties online.

CarBeat by TM8 is a neutral third party that is not involved in the contract process nor a party to the sales contract between seller and buyer. CarBeat by TM8 does not inspect, own or possess any of the vehicles.

3. DEFINITION

In these Terms, except to the extent expressly stated otherwise:

• “Agreement” means a contract between the parties containing the most current version of these Terms and the CarBeat by TM8 Privacy Policy and any amendments to these contracts from time to time.
• “Auction” means the period during which buyers can bid on the listed vehicle.
• “Bid” means making an offer for a vehicle as a buyer at the auction.
• “Buyer” means a person or company that registers with CarBeat by TM8 and has [virksomheds]’s acceptance/authorization to bid on the purchase of a vehicle.
• “Fees” means the fees payable to CarBeat by TM8 as set out in clause 10 of this Agreement.
• “Platform” means the sales platform provided by CarBeat by TM8.
• “Pre-Auction” means the period after CarBeat by TM8 has approved the seller’s listing request until an auction starts.
• “Purchase” means that the auction is over and the buyer with the highest accepted bid obtains the right to purchase the listed vehicle exclusively from the seller.
• “Vehicle” means any automobile, motorcycle, or other motor vehicle listed on the Platform.
• “Seller” means a person or company that owns or is mandated to sell a specific vehicle and has registered with CarBeat by TM8 for the purpose of selling the vehicle and has CarBeat by TM8’s acceptance/permission to list the vehicle on the Platform.
• “Terms” means these terms and conditions in force at the relevant time. Updated terms can be found on the CarBeat by TM8 website.
• “User” means a general definition of a user of the Platform and includes the Seller, Buyer and any other third party using the Platform.

4. ACCESS TO THE PLATFORM

The minimum age to use the platform is 18 years. Any user above the minimum age can visit, view posted vehicles and register as a buyer or seller on the platform.

To register as a seller or buyer, a user registration is required, for which the user must provide the following information:

If a profile has been hacked or is suspected to have been hacked, the profile owner must immediately notify CarBeat by TM8 and change the password.
– full name,
– date of birth,
– address,
– Payment information, such as credit card details and bank account,
– other necessary information that you are asked for when signing up.

All information provided during registration/enrollment must be true and accurate.

5. THE PROCESS OF LISTING A VEHICLE (BEFORE AUCTION)

The listing process can be described as follows:

1. The seller completes and submits a set-up request based on a form provided by CarBeat by TM8 and, where necessary, attaches documentation such as the seller’s own promotional material, proof of ownership or mandate to sell the vehicle and, for example, a copy of the vehicle’s registration certificate. financial outstanding regarding the vehicle. In addition, the seller chooses whether to sell the vehicle via an online auction or with a fixed price via the platform.
   
   All content and material uploaded to the Platform is at the Seller’s own risk and is considered non-confidential and non-proprietary, and a limited license to use, store, copy, reproduce, modify and distribute shall be granted to CarBeat by TM8. The license granted is royalty-free and non-exclusive and the seller agrees that CarBeat by TM8 may use the content for marketing purposes to promote the vehicle and the platform. The license expires from the moment the seller’s profile is canceled or after two years from the day the auction of the vehicle ended.
   
   Uploading content that the seller does not own or have permission to use is prohibited. By uploading to the Platform, the Seller warrants to CarBeat by TM8 that it has ownership of or permission to use the Content.
   
   CarBeat by TM8 reserves the right to remove any content uploaded by the seller.
   
2. CarBeat by TM8 will investigate the request as soon as possible and no later than one week after submission. Depending on the investigation, CarBeat by TM8 either approves the request or rejects it. If it is rejected due to missing or inaccurate information, CarBeat by TM8 will give the seller a deadline to correct the error.
   
   CarBeat by TM8 reserves the right to assist the seller in creating the content of their listings and to require a certain standard of the information and promotional material provided. For services provided by CarBeat by TM8 see section 9. However, the Seller is solely responsible for the correctness and accuracy of the content of the Advertisement.
   
   If approved, the listed vehicle is ready for pre-auction, see below.
   
   The authorization means that CarBeat by TM8 has the exclusive right to market the offered vehicle, use its promotional material for advertising and sell it at auction. The exclusive right lasts at least one month from approval and can be extended if agreed between the seller and CarBeat by TM8.
   
   A sale of a listed vehicle – when the exclusive rights belong to CarBeat by TM8 – on other platforms or privately is prohibited and will be sanctioned, see section 15.
   
3. The advertised vehicle will be available for a pre-auction period, which can take up to two weeks from approval. During the same period, users can access the list on the platform as “upcoming vehicles”.
   
   The seller is obliged to make the vehicle available for inspection of the vehicle by any buyer in the period before the auction and during the auction period. A buyer is responsible for arranging an inspection of a listed vehicle, and rejection by the seller requires a reasonable cause.
   
   PROCESS AT THE AUCTION
   

6. AUCTION PROCESS

1. The auction process can be described as follows:
   The auction goes live when the pre-auction period expires.
   
   CarBeat by TM8 reserves the right to make corrections/changes to published content regarding a listed vehicle and to make significant announcements about it should CarBeat by TM8 become aware of any incorrect or misleading information or the seller specifically requests correction of such.
   
2. Users who are registered as buyers can bid by using the “Make an offer” button until the predetermined and public deadline has expired.
   
   A seller cannot bid on a vehicle listed by themselves. If the seller is not the owner of the vehicle, it is also not possible for the owner to bid on the vehicle. Individuals or companies closely related to the seller cannot bid on a vehicle listed by the seller either.
   
   The buyer is responsible for and legally bound by all bids placed on the platform. A submitted bid cannot be withdrawn.
   
   However, buyers who – according to applicable national law – can be characterized as a consumer have the right to cancel a purchase contract with the seller within fourteen days without giving reasons, starting from the day on which the contract between the seller and the buyer became final. In that case, CarBeat by TM8 shall refund all payments received from the Buyer, with the exception of additional costs, within fourteen days from the day on which CarBeat by TM8 receives notification of this.
   
   CarBeat by TM8 reserves the right to remove bids at its own discretion, e.g. if CarBeat by TM8 finds it obvious that the Buyer has made a mistake.
   
   CarBeat by TM8 reserves the right to bid on the listed vehicle in order to test and maintain the platform. These bids are not legally binding on the company.
   
3. CarBeat by TM8 continuously records and verifies bids for the listed vehicle. Once the pre-agreed and public deadline has expired, CarBeat by TM8 will verify the highest bid and if accepted, it will be announced on the Platform.
   
   From the moment the ad expires, the seller has 48 hours to accept the offer, which completes the purchase.
   
4. If the pre-agreed auction period expires and no buyers have bid or have only bid below an acceptable standard and the seller has rejected the bid, CarBeat by TM8 reserves the right to extend the auction period for up to two weeks without further notice. In addition, CarBeat by TM8 reserves the right to extend the auction period by two weeks without further notice if an auction of a listed vehicle has been affected by delays, interruptions or errors due to, for example, technical problems on the platform.
   
5. If an auction period is extended, all bids remain in effect and cannot be withdrawn by the buyer.

7. ONLINE PURCHASES WITHOUT AUCTION

In addition to the auction where the buyer bids on a vehicle, the buyer can also purchase a vehicle that is listed with a fixed price. A buyer purchases this vehicle by using the associated “Buy Now” key, which appears on the platform instead of “Make an offer”.

Non-auction purchases are made on a first-come, first-served basis.

The buyer is responsible for and legally bound by the purchase. However, buyers who – according to applicable national law – can be characterized as a consumer, have the right to cancel a purchase agreement with the seller within fourteen days without notice, starting from the day on which the contract between the seller and the buyer became final. In that case, CarBeat by TM8 shall refund all payments received from the Buyer, with the exception of additional costs, within fourteen days from the day on which CarBeat by TM8 receives notification of this.

8. POST AUCTION PROCESS OR ONLINE PURCHASE

The process after the auction or fixed-price online purchase can be described as follows:

1. CarBeat by TM8 adds a “sold” sign to the posted vehicle, which will be visible on the platform for up to a week after the purchase. CarBeat by TM8 can then remove the posted vehicle from the platform.
   
2. The buyer is responsible for contacting the seller regarding the purchase if their bid has been accepted by CarBeat by TM8 as the highest bid for the listed vehicle, or if the buyer was the first to purchase the vehicle via the “Buy Now” option.
   
3. The buyer shall pay the purchase price, which is the higher amount stated, including the fee during the vehicle’s listing, cf. clause 10, within 7 working days to the seller or CarBeat by TM8, unless otherwise agreed between the parties.
   
4. The buyer pays separately the shipping costs for the delivery of the purchased vehicle to the person who will manage the delivery. However, it is possible to book a delivery company through CarBeat by TM8, which connects you to a third-party company that can deliver vehicles across EU borders. In such cases, the shipping costs must be paid to CarBeat by TM8.
   
5. CarBeat by TM8 is not responsible for damages or delays caused by third parties.
   
6. Any payment to the seller must be made through CarBeat by TM8’s chosen payment provider.
   
7. CarBeat by TM8 reserves the right to verify money transfers to confirm the identity of the buyer and prevent financial crime.
   
8. The buyer is obliged to pick up the purchased vehicle within 14 working days after the end of an auction or online purchase, unless otherwise agreed between the parties.
   
9. The buyer is responsible for inspecting the purchased vehicle upon collection and comparing it with the information provided by the seller via the platform.
   
10. The buyer and seller negotiate, inter partes, the final terms of the purchase and arrange to conclude a sales contract for the listed vehicle.
    
11. Any dispute related to the purchase of the listed vehicle shall be resolved between the seller and the buyer without the participation of CarBeat by TM8.

9. CarBeat by TM8 PRODUCTS AND SERVICES

9.1 Promotional material

9.1.1 Photoshoot and images

CarBeat by TM8 can take and deliver a selection of images of a vehicle for use in an ad on the platform.

The price for images incl. VAT is DKK 2,000-5,000 depending on quantity, setup, mileage, etc.

9.1.2 Video/film

CarBeat by TM8 can produce a movie of a vehicle for an ad on the platform.

The price for a movie incl. VAT is DKK 3,000-7,000 depending on the length of the movie, setup, driving, etc.

9.2 Delivery delivered by third parties through CarBeat by TM8

CarBeat by TM8 may, through a third party, offer delivery within national borders and across borders within the EU. Costs are regulated in a separate contract with the delivery company and payments must be made via CarBeat by TM8.

10. PAYMENT TERMS, FEES

10.1 The Seller

It is free of charge for the Seller to display and sell a car via the Platform when the Seller makes his advertising material available.

However, CarBeat by TM8 reserves the right to determine whether the Seller’s promotional material meets the requirements for the quality and substance of the promotional material on the Platform.

CarBeat by TM8 may require the seller to purchase services from CarBeat by TM8 when necessary.

The seller can purchase services from CarBeat by TM8 such as images, movies, etc. Prices can be found in section 9.

10.2 The Buyer

The buyer pays a fee of 8% of the sales price, up to but not exceeding DKK 55,000 incl. VAT.

The fee will be processed by a third-party payment provider on CarBeat by TM8’s] behalf.

During the auction, the payment provider reserves an amount equal to the fee in the bank account of the highest bidder.

After a successful auction, only the highest bidder will be charged. The fees for CarBeat by TM8 are non-refundable, even if the legal rights of the consumer are not affected.

If the payment provider fails to charge the fee, the buyer must pay the outstanding amount within 24 hours of receiving notification of this. If the buyer fails to pay the fee, it is considered an unlawful withdrawal from a purchase, see section 15.3.

The purchaser is responsible for paying all national and/or regional applicable taxes in connection with the purchase.

CarBeat by TM8 reserves the right to charge an interest rate of 2 percent per annum above the bank’s base rate on overdue payments.

11. PRIVACY AND PERSONAL INFORMATION

CarBeat by TM8 processes the user’s personal data and refers to the data policy available at https://carbeat.dk/privacy-policy/

12. GENERAL PROVISIONS

12.1 Complaints

Any complaints regarding our services or products can be directed to [mail] and CarBeat by TM8 will endeavor to respond within one week and make reasonable and appropriate inquiries.

If defects are discovered as a result of the examination, CarBeat by TM8 reserves the right to remedy the defect or to make a reasonable pro rata reduction.

12.2 Languages and translations

The main language of the platform is English. Where the platform is translated, the English version takes precedence in the event of a discrepancy between the versions.

National regulation

The seller and buyer are responsible for their compliance with national legislation, which includes, but is not limited to, the content of promotional materials, vehicle listings or bids, communications, etc.

Any use of the Platform for illegal purposes is prohibited.

12.3 Intellectual property rights

Any rights over the intellectual property on the Platform, such as copyrights, trademarks, domain names, design rights and patents, are reserved by CarBeat by TM8 and licensors, as owner or owners of the property, and use of it without written authorization is strictly prohibited.

CarBeat by TM8 is not responsible for content or intellectual property provided by third parties.

12.4 Suspension of operations

CarBeat by TM8 reserves the right to suspend the operation of the Platform at any time it sees fit.

In addition, CarBeat by TM8 cannot guarantee continuous operation. Updates of messages and bids via the Platform may not be real-time as the Platform may be subject to delays, errors or other interruptions beyond the control of CarBeat by TM8.

13. TERMINATION AND SUSPENSION

13.1 Termination of CarBeat by TM8

CarBeat by TM8 reserves the right to terminate a contract between the seller or buyer and CarBeat by TM8 with 30 days prior written notice.

In addition, CarBeat by TM8 reserves the right to prevent or suspend a user’s access to the Platform immediately and/or to remove listed vehicles or bids if necessary due to circumstances, which include, but are not limited to, situations where CarBeat by TM8 determines that the user has:

1. breached these terms and conditions and has not rectified the breach within seven days of written notice,
2. a seller or buyer account that has been or may be used for misleading, fraudulent or illegal activity,
3. harmed or could have harmed other users of the Platform or the legitimate interests of CarBeat by TM8.

In such cases, CarBeat by TM8 will immediately notify the user of the obstruction or suspension and the reason for this in writing. In addition, CarBeat by TM8 may also provide information about complaints procedures.

Furthermore, CarBeat by TM8 reserves the right to withdraw any vehicle listed on the platform without reason, regardless of whether it is listed as “upcoming vehicle” or in an auction

13.2 Termination by a user, seller or buyer

A user can terminate their use of the platform at any time with immediate effect. If the user has an account as a seller or buyer, it is possible to write an email to mail@carbeat.dk and CarBeat by TM8 will close the account within seven days.

Upon a seller’s or buyer’s request, CarBeat by TM8 may provide content originating from the seller’s or buyer’s account before the account is closed.

14. PRESERVATION OF RIGHTS

Termination of these Terms for any reason shall not waive or affect any of the parties’ rights or remedies that arose prior to the time of termination or the provisions of these Terms that by their nature survive termination.

15. LIABILITY AND COMPENSATION

15.1 Responsibility

CarBeat by TM8 disclaims any liability for the condition of the vehicles on the platform, as well as indirect or consequential loss or damage, including but not limited to loss of profit, business interruption or loss of interest.

Any user of the platform can be held liable for a violation of these terms.

CarBeat by TM8 is not liable to the seller or buyer for any errors, misunderstandings or omissions in the content of a listed vehicle.

The Seller is solely responsible for the content of the promotional material provided in connection with their listing. CarBeat by TM8 is not responsible for inspecting or verifying the content or for deleting any sensitive information contained therein.

If a purchase is lost or the buyer withdraws from an agreement because the description of the listed vehicle is inaccurate, misleading or inadequate, the seller must pay the fee, cf. clause 10, to CarBeat by TM8 and indemnify CarBeat by TM8 for any claims against CarBeat by TM8.

CarBeat by TM8 does not guarantee and is not responsible for the performance of a seller or a buyer, and is not in breach of the negotiated contract between seller and buyer.

CarBeat by TM8 makes no warranty as to the expected selling price of a listed vehicle and cannot be held responsible for any statement, whether written or oral.

CarBeat by TM8 is not liable for any loss caused by a third party, regardless of whether the third party provides services to CarBeat by TM8 and CarBeat by TM8 has linked a user to the third party. Any interaction and action with a third party is at your own risk.

CarBeat by TM8 is not responsible for any delay, failure or interruption of the Platform or violation of these Terms due to events or circumstances beyond its control, including, but not limited to, server failures, hacker attacks, system and/or network access failures, labor disputes such as strikes or lockouts, floods, fire or explosions, public health emergencies or governmental actions.

CarBeat by TM8’s liability shall not exceed the amount paid and CarBeat by TM8 shall not be liable for any direct or indirect loss of profit, loss of contract, loss of production, loss of opportunity, loss of actual or anticipated savings or discounts, damage to reputation or loss of goodwill and loss or destruction of data.

15.2 Material breach

A Seller or Buyer is in material breach of these Terms if it materially fails to comply with the terms herein.

15.3 Buyer’s liability-inducing withdrawal from a purchase

In the event of the buyer’s breach of any of the conditions, e.g. if the buyer fails to complete the purchase of the offered vehicle, the buyer is obliged to pay the fee to CarBeat by TM8, unless it is due to the seller’s breach, cf. clause 10.

The Seller retains the statutory rights, according to national regulations, to cancel and claim damages. If requested by the Seller, CarBeat by TM8 will provide relevant information about Buyers who have underbid the listed vehicle at the auction in order to put the Seller in contact with other interested Buyers.

15.4 Withdrawal by the Seller from an agreement with CarBeat by TM8 or a purchase

If a Seller withdraws a posted Vehicle from the pre-auction and “Coming Soon List” or the subsequent auction where buyers can bid or buy the posted Vehicle at a fixed price, or the Seller does not complete the purchase within a timeframe agreed with the buyer, the Seller shall pay a fine of 8% of the sales price on the platform, up to but not exceeding DKK 100,000 incl. VAT. The penalty fee corresponds to a buyer fee in connection with the purchase of the vehicle via the platform. All applicable sales or similar taxes must be paid in addition to and concurrently with the penalty fee set forth above.

15.5 Seller’s purchases elsewhere than via the Platform during the exclusivity period

Sellers and Buyers are prohibited from engaging in any activity designed to facilitate or complete a purchase of a listed vehicle other than through the Platform, and CarBeat by TM8 may exclude Sellers and Buyers from the Platform with reference to their participation therein.

In the event that a seller sells a listed vehicle elsewhere than via the Platform when an exclusive right is entitled to CarBeat by TM8, the seller shall pay a fine of 8% of the sales price on the Platform, up to but not exceeding 55,000kr. incl. VAT. The penalty fee corresponds to a buyer fee in connection with the purchase of the vehicle via the platform. All applicable sales or similar taxes must be paid in addition to and concurrently with the penalty fee set forth above.

15.6 Compensation

The User shall indemnify CarBeat by TM8 for any loss or damage caused by the User’s unauthorized conduct or breach of the Terms.

16. FORCE MAJEURE

Neither party shall be liable to the other for delay or non-performance of its obligations under these Terms if such delay or non-performance is caused by a force majeure event.

17. RIGHTS OF THIRD PARTIES

These Terms govern the relationship between the users of the Platform and CarBeat by TM8. No third party may enforce any of these terms against either party.

18 CONFLICT RESOLUTION

18.1 Jurisdiction

Any dispute between the parties arising out of these Terms shall be settled in accordance with Danish law and under Danish jurisdiction. Any legal proceedings must be initiated and decided by the Copenhagen City Court as the court of first instance.

This provision shall not preclude the parties from seeking injunctive or other interim relief in other relevant courts.

19. UNENFORCEABLE PROVISIONS

In the event that one of the provisions is unenforceable, all other provisions shall remain unaffected.

Terms updated November 7, 2023