Terms and Conditions

Gyldenore Terms & Conditions

 

Last Modified: 22/03/2021

Summary:

  • Gyldenore operates an online platform where sellers and buyers can connect with one another to organize the sale/purchase of vehicles and other products.
  • Gyldenore acts as a mere intermediary and is not a party in the relation between the seller and the buyer.
  • Gyldenore waives any responsibility and liability with regard to sales/purchases entered into thanks to the listings on its platform, and with regard to content posted on its platform.

 

ARTICLE 1          OUR IDENTITY

We are: 
Go Media B.V., with registered office at Rue Fransman 25, 1020 Brussels, registered in the Belgian Crossroads Bank for Enterprises under the number 0738552357 (hereinafter “Gyldenore” or “we”)

E-mail address: Info [at] gyldenore.com
Website: www.gyldenore.com
VAT Number: BE0738552357
Bank Account Number: BE817 370 5097 1624

 

ARTICLE 2          APPLICABILITY AND PURPOSE OF OUR PLATFORM AND SERVICE

  1. These Terms and Conditions lay down the conditions governing access to and use of our Gyldenore website available via the url www.gyldenore.com (hereafter the "Website”), our Gyldenore mobile app (hereafter the “App”), and related services and software. The Website and the App are hereafter together referred to as the “Platform”.
     
  2. Our service (hereafter the “Service” or the “Services”) consists of the provision of the Platform whereby we act as an intermediary between buyers and sellers (hereafter together: the “Users” or a “User”) for the promotion and sale of certain products. This includes in the first place vehicles (cars, motorcycles, etc.), collectibles linked with vehicles and related areas, components of vehicles, etc. This may also include other products such as art objects, jewellery, watches, etc.

Gyldenore’s Service consist in essence in providing a listing of vehicles (or other products) and information service that brings together buyers and sellers of vehicles (or other products). Gyldenore will ensure that the information or advertisements of the sellers will be accessible to third parties via the Platform.  

  1. Through the Platform, Users can: 
    • place information or advertisements for vehicles (or other products) in our online database against payment;
    • submit a description of the vehicle (or other product) and other related information in connection with the listing of a vehicle (or other product) for sale; and
    • submit bids for the purchase of vehicles (or other products) posted by a buyer.
       
  2. Users are granted a non-exclusive, non-transferable, limited license to use the Platform for the purposes set out in these Terms and Conditions. Any use of the Platform is only permitted within the limits and conditions stated in these Terms and Conditions.
     

ARTICLE 3          OUR RELATIONSHIP WITH OUR USERS: WE ARE AN INTERMEDIARY

The Website and the App serve as a platform through which potential sellers and potential buyers can post offers for sale and for purchase of vehicles (or other products).  The Platform is not in itself a web shop nor an auction site. 

Gyldenore is always a mere intermediary between the seller and potential buyers. Gyldenore is not an automobile dealer. Gyldenore does not sell, exchange, buy, offer for sale, negotiate or attempt to negotiate a sale, purchase or exchange of any vehicle (or other product) listed for sale on the Platform. Any advertisement or information posted by a User through the Platform will be considered as an advertising or information by the User alone, not as an advertisement or endorsement by Gyldenore. Moreover, Gyldenore does not own or hold in its possession any of the vehicles (or other products) listed on the Platform. 

Gyldenore solely acts as a service provider with regard to the Service, the Platform, and the content on the Platform, and does not act as a representative of a User (seller nor buyer).

Gyldenore recommends that you adopt a wise and prudent approach as a potential buyer by going through the seller’s offer with due care and attention, and by contacting the seller in order to inspect the vehicle (or other product) and the identity of the seller, before taking the decision to buy anything.

 

ARTICLE 4          USING THE PLATFORM

  1. By using or accessing the Platform and/or the Services (e.g. by listing a vehicle or placing a bid for a vehicle), you warrant that you have reached the relevant legal age of adulthood in your country of residence (minimum 18 years). Gyldenore reserves the right to refuse your registration or block/suspend access unilaterally and without forewarning if it appears that you are underage. 
     
  2. Upon request by Gyldenore, every User will provide Gyldenore with any information, documentation or releases necessary to verify his/her compliance with these Terms and Conditions or with the law.
     
  3. Every User explicitly agrees to refrain from attempting or engaging into the following activities while using the Platform:
  • Sending spam, chain letters, or other unsolicited e-mails or messages;
  • Uploading or spreading viruses, malware or other malicious software through the Platform;
  • Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, hiding or attempting to hide your identity;
  • Harassing, slandering, insulting or abusing other Users;
  • Interfering with the proper functioning of the Platform in any way;
  • Interfering with or compromising the system integrity or security, or deciphering any transmissions to or from the servers running the Platform;
  • Etc.
  1. Users represent and warrant that all content that they post on the Platform will be correct, complete and lawful. Users agree that they will not post any content that is or might be libelous, defamatory, misleading, privacy-breaching, inaccurate, false or otherwise incorrect or unlawful.

    Users grant a worldwide royalty-free license to Gyldenore to use and distribute any content that they post on the Platform or through the Services. Users waive, to the fullest extent permitted under applicable law, their moral rights on the content posted on the Platform. Users promise not to assert such moral rights or any other intellectual property or publicity rights against Gyldenore, its sub-licensees, or its assignees.
     

  2. Gyldenore has the right, but not the obligation, to screen content posted by Users on the Platform. Gyldenore reserves the right to remove or delete any content that it believes violates these Terms & Conditions or any law or regulation or that it believes might be harmful to Gyldenore, its Users or any third party. Gyldenore will not be deemed responsible or liable for any content posted by Users on the Platform or for the removal of such content.
     
  3. The listing of any vehicles (or other products), opinions, products, brands, trademarks, names, or content on the Platform does not constitute an endorsement or recommendation thereof by Gyldenore. 
     
  4. Gyldenore reserves the right to block access or suspend a User’s account, unilaterally, immediately, and without forewarning, for any Users or visitors who fail to observe these Terms and Conditions or the Platform’s Privacy & Cookie Policy. Gyldenore reserves the right to take any action regarding the Service or the Platform if Gyldenore believes such action is necessary or appropriate because the User endangers the Service or the Platform for other Users or jeopardizes the liability of Gyldenore or a third party or because the User violates applicable laws or these Terms and Conditions.
     
  5. The User will indemnify Gyldenore (and other Users or third parties) for any breaches by the User (or through the User's account) of these Terms and Conditions, or of the rights of Gyldenore, other Users, third parties, or the law. Every User is responsible for its interactions with other Users. Gyldenore reserves the right to monitor disputes between Users, without having an obligation to do so. Gyldenore cannot be held liable for the (mis)conduct by Users towards other Users.
     
  6. At any time and without notice, Gyldenore is allowed to change its Service or the Platform, partially or in whole; to stop providing its Service or features of the Platform, to a specific User or to Users generally; to create usage limits for its Service or the Platform; and to sell or transfer the Platform or the Service (or parts thereof) or the contractual relationship with the User to a third party (the Users agree with a such sale or transfer).
     
  7. The Platform provided by Gyldenore is solely provided in the EU. If a User specifies an address in a country outside EU territory, Gyldenore can refuse or revoke the registration, and every other User in a transaction can refuse your bid or offer.

 

ARTICLE 5          CREATING AN ACCOUNT

  1. In order to have access to the Platform, every User must create a Gyldenore account. When creating an account, the User will be asked to confirm that he or she has read these Terms and Conditions (and the Privacy and Cookie Policy), and accepts their content. Every visit to the Platform, every registration for or access to an account, and every other use of the Platform automatically implies that the Users accepts these Terms and Conditions (and the Privacy and Cookie Policy).
     
  2. Every User is solely responsible for the activity that occurs on his or her account. Any physical person that creates an account in the name of a moral person or company must be duly authorized to do so. 
     
  3. The password and login details to access the Platform are strictly personal. A User may not transfer, communicate or sell these to other persons.
     
  4. The User’s registration is equivalent to an offer addressed to Gyldenore to conclude an agreement regarding the Service, which Gyldenore has the right to refuse at any time. When Gyldenore confirms this offer, the User will receive a confirmation e-mail with the relevant data for accessing and managing his or her account. At the moment of sending this e-mail, an agreement will be concluded between Gyldenore and the User.

A User’s registration may be refused for the following reasons:

  • The User does not provide the requested data for identification or provides incomplete or incorrect data;
  • The User tries to register several times by using different names or a name of another person or legal entity;
  • The User fails to fulfil one or more of the obligations mentioned in these Terms and Conditions or provided by the law, or has failed to do so in the past;
  • Any other reason on the basis of which Gyldenore can reasonably judge that the registration cannot be accepted.
  1. When creating an account, the User must provide the requested information accurately and completely, and must keep this information accurate and up to date. For the needs of the registration and execution of this agreement, Gyldenore has the right to request any document or information of any kind from the User that is necessary for the conclusion of the agreement or for the continued existence of the contractual relationship.
     
  2. The Users of the Platform are solely responsible for the suitability and maintenance of their technical material such as, computer, laptop, PC, modem, internet access, telephone line, etc. The Users of the Platform are also solely responsible for installing and updating antivirus systems, firewalls, and other protective technologies to prevent material damage.
     
  3. Gyldenore cannot be held liable for any damages caused by e.g. a loss of log-in data or an unauthorized use of a User account. Each User has to notify Gyldenore immediately in case of any breach of security, unauthorized use, or other suspicious activity of his account.

 

ARTICLE 6          THE SELLERS

  1. A User who publishes a vehicle (or other product) for sale through the Platform is hereafter referred to as a “Seller”. The Seller is solely responsible and liable for all information, texts, pictures, advertisements or offers for sale that he or she posts on the Platform or that is posted on the Platform after modification by Gyldenore (hereafter the “Seller’s Content”). The modification by Gyldenore might consist of a reformulation or rewriting of the content provided but will always be based upon the content provided by the Seller (as such, Gyldenore will have no liability towards the Seller or Buyer in this regard). The Seller hereby agrees to indemnify and hold Gyldenore and its employees, agents, affiliates, assignees and licensees harmless from and against any and all damages, claims, expenses, costs or fees arising from or in connection with the Seller’s Content, and in particular with regard to a claimed breach of these Terms and Conditions or the violation of any law or rights of a third party (including claims regarding intellectual property rights and including claims regarding Gyldenore’s use of the Seller’s Content in or outside the Platform). 
     
  2. By submitting the Seller’s Content, the Seller warrants that:
  • The Seller’s Content does not contain any false, misleading, or incorrect information, and does not infringe on any law or the rights of any (third) party (including intellectual property rights);
  • The Seller is the owner and rights holder of the vehicle (or other product) being offered for sale and of the Seller’s Content (including pictures provided by the Seller), and therefore is allowed to grant all of the rights and licenses as described in these Terms and Conditions. If the Seller is not the holder of such rights, the holder of such rights must have completely and unconditionally waived all such rights and must have irrevocably granted the Seller the right to grant the licenses stated in these Terms and Conditions, without the need for any other authorisation or payment to any other person or entity. The Seller must submit proof of the latter when demanded by Gyldenore or other Users of the Platform; and
  • The vehicle (or other product) mentioned in the Seller’s Content is made available for publication and promotion exclusively on the Gyldenore Website, for a minimum period of 50 days as from the publication on the Platform. This means that the Seller will not be allowed to sell or offer for sale the same vehicle (or other product) through any means whatsoever through any channels, media, print, websites, publications, auction sites, dealerships, or listing services of any kind for the said period. 
  1. Gyldenore reserves the right to contact the Seller to verify the accuracy of the listed Seller’s Content. This may include Gyldenore sending a representative to the listed physical location of the vehicle (or other product) and taking pictures of the vehicle (or other product) and describing it. 
     
  2. Seller’s Content submitted on the Gyldenore platform must at least contain the following information (i.e. text and pictures) relating to the vehicle (or other product) listed for sale:
  • The price including all taxes, costs and the minimum legal guarantees. All amounts listed on the website have to be in Euro’s (EUR/€); 
  • The physical address at which the vehicle (or other product) placed for sale is located;
  • An adequate description of the vehicle or other product, including all major or essential information or characteristics about the vehicle or other product offered for sale, including brand, type, year of manufacture, mileage number / number of kilometres, history (including incidents, accidents, etc.), visible and invisible defects, etc. 
  • Other information as might be requested by Gyldenore from time to time. 
  1. By submitting Seller’s Content, the Seller agrees to transfer the following exclusive and transferable rights to Gyldenore, valid worldwide and including for use on the internet, for at least 6 months as from publication on the Platform, regarding the Seller’s Content:
  • the right to modify, adapt or change the Seller’s Content in any way, in particular to rewrite, reformulate, shorten, supplement it and to link it with other content; and
  • the right to publish the Seller’s Content (including in the adapted/modified form, and including pictures and descriptions), to store it in a database, to make it available to the public, and to distribute it electronically or through other means and formats, in particular via the internet, through the Website and the App, through publication or banners/advertisements on other websites or platforms or in an offline environment (including on posters, folders, and postal cards). In case Gyldenore has adapted/modified/rewritten the Seller’s Content, the Seller will not use (copy or publish) this adapted version in any way outside the Platform, even after termination of the Agreement. The Seller in particular guarantees that Gyldenore may use any pictures or descriptions provided by the Seller for the purposes of this Agreement and as described in this Agreement (either online or offline). The Seller will hold Gyldenore harmless from and against any claims from any third party in this regard (including claims from photographers or photo agencies).
  1. Gyldenore does not guarantee the correctness, accuracy or reliability of the Seller’s Content (including in the adapted/modified form) and will not bear any liability in this regard. The Seller fully and unconditionally releases and discharges Gyldenore from and against all claims and damages (direct or indirect, actual or consequential, known or unknown, of any kind and any nature) relating to or connected with the publication of the Seller’s Content (including in the adapted/modified form) on the Platform or the use by Gyldenore of the Seller’s Content (including in the adapted/modified form) for the Services or the Platform, including any claim regarding intellectual property rights (such as copyrights or trademark rights), image rights, rights of publicity, rights of privacy, etc.
     
  2. Gyldenore has the right to remove and/or delete any Seller’s Content (including in the adapted/modified form), at its sole discretion and without notice. Users waive the right to file any claim against Gyldenore regarding the removal and/or deletion of Seller’s Content.

 

ARTICLE 7          THE BUYERS

  1. A User who submits a bid for a vehicle (or other product) through the Platform is hereafter referred to as a “Buyer”. Each Buyer agrees to the following: 
  • Each bid must be submitted via the Platform and is binding for the Buyer;
  • The Buyer is solely responsible and liable for all applicable government fees and taxes for vehicles (or other products) listed via the Platform (for instance: the buyer will be responsible for paying VAT or other relevant taxes or levies where applicable; these taxes or levies must be paid on top of the price agreed between the Seller and the Buyer for the sale of the vehicle or other product);
  1. Gyldenore will not be responsible, nor liable, for any risk or deficiency associated with the sale or purchase of a vehicle (or other product) listed via the Platform. 
     
  2. It is the obligation of the Buyer to inspect the vehicle (or other product) for possible defects before placing any bid.
     
  3. The Buyer’s order is complete and the agreement between the Buyer and the Seller is final as soon as the Seller confirms the Buyer’s bid. 

 

ARTICLE 8          PRICING AND PAYMENT

  1. Accessing or using the Platform means that you agree with the pricing and payment terms. Payment terms can be updated by Gyldenore from time to time. Gyldenore may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time, in its sole discretion. A change in prices or charges will not affect any existing listings.
     
  2. Unless agreed otherwise, Gyldenore charges the Seller a fee of €99 every time a Seller lists a new vehicle (or other product) on the Gyldenore Platform. This fee will be immediately payable, through our payment system “Molly” (the Seller will have to register with Molly in order to effectuate such payment). 
     
  3. If the Seller wants Gyldenore (or a photographer appointed by Gyldenore) to take pictures of the vehicle or other products listed for sale, Gyldenore will charge the Seller an additional fee of 250 EUR for each vehicle (or other product) to be photographed. 
     
  4. In addition, for every transaction that takes place via the Platform (i.e. the sale of a vehicle or other product listed on the Platform), Gyldenore will charge the Buyer 5% of the price agreed upon by the seller and the buyer (with a minimum of 250,00 EUR VAT excl.) of said vehicle or other product.
     
  5. Gyldenore will send its invoices to the Seller (for the listing of the vehicle or other product or for the photographs to be taken) and to the Buyer (for the commission on the purchase price) electronically. All invoices will be immediately payable at the time of receipt of the invoice (unless otherwise mentioned on the invoice). Amounts that remain unpaid as of maturity date will automatically and without notice generate a late payment interest set in accordance with Clause 5 of the Belgian Act of 2 August 2002 regarding the prevention of late payment in commercial transactions, as well as a lump sum indemnity as provided for in that Act of 10% of the amount that remained unpaid (with a minimum of 250 EUR). 
     
  6. Our prices are exclusive of VAT, and other taxes, levies or charges. 
     
  7. Shipping costs and transportation costs must be agreed upon between the Seller and the Buyer. If necessary, the Seller and the Buyer also have to arrange all customs formalities and the costs thereof.
     
  8. Complaints regarding our invoicing must be communicated to us within 7 calendar days after the invoice date. 
     
  9. In principle, there are no refunds for or in connection with a cancellation of a listing or an account. In the event that Gyldenore suspends or terminates an account, Users agree that they do not have a right to a refund in any way. 
     
  10. All payments made by Users to Gyldenore shall be in Euro. Accepted payment methods will go through our Payment Partner Mollie.com. They provide different kinds of methods. All bank expenses and fees relating to international payments are to be paid by the User. All information that you provide in connection with a monetary transaction must be accurate, complete, and current. 

 

ARTICLE 9          WARRANTIES

  1. All services and obligations of Gyldenore described in these Terms and Conditions and offered through the Platform or the Services are “best efforts” obligations and do not constitute an obligation to achieve a specific result.
     
  2. Gyldenore pays the utmost attention and care to its Platform. The content of the Platform can be subject to change. Gyldenore offers its Services, the Platform and the content on the Platform (including the Seller’s Content) without explicit or implicit guarantees or warranties regarding its correctness, completeness or fitness for a certain purpose. Gyldenore reserves the right to optimize, adapt and remove the content on the Platform on a regular basis.
     
  3. Gyldenore provides the necessary bandwidth, storage capacity, and security systems to protect the Platform, its IT system, its databases and the data of the Users of the Platform. Gyldenore makes regular adjustments with regard to security and antivirus protection, among other things. 
     
  4. Gyldenore makes every effort to grant access to the Platform 24 hours a day, 7 days a week. In this context, Gyldenore guarantees availability of at least 90% on an annual basis. However, given the technical characteristics of the internet and of the IT resources, and the need to perform periodic maintenance, update or upgrade work, Gyldenore cannot guarantee uninterrupted access and service to the Platform. In the event of normally acceptable interruptions or disruptions in access or service, Gyldenore will make every effort to find a solution to the problem as quickly as possible. Interruptions or disruptions are specific to any service provided via the internet. These cannot be considered as shortcomings and will not give rise to compensation.
     
  5. Gyldenore does not warrant (i) that the content on the Platform will always be accurate, reliable or correct; (ii) that the Platform will meet all of the User’s requirements or expectations; (iii) that the Platform will be available at any particular time or location, uninterrupted or secure; (iv)  that any defects or errors will always be corrected in a timely manner; or (v)  that the Platform will always be free of viruses or other harmful components. 
     
  6. Users represent and warrant that they shall not use the Platform or Services for any illegal purpose; that they shall not interfere with or disrupt any networks connected to the Platform or the Services; that they shall not attempt to gain unauthorized access to any computer systems, data or networks; that they shall not circumvent technical measures used by Gyldenore to provide the Services; that they shall not harvest or otherwise collect information about Users without their prior written consent; and that they shall not interfere with other Users’ use and enjoyment of the Platform or the Services.

 

ARTICLE 10          LIABILITY AND EXCLUSION/LIMITATION OF LIABILITY

  1. Gyldenore has no control whatsoever over the execution of any contract of sale/purchase (or any other contract) concluded between the Buyer and the Seller. Gyldenore does not guarantee the quality, timeliness, compatibility, legality or safety of any sale/purchase executed or not executed as a result of use of the Platform or the Services. Gyldenore does not guarantee the quality, compatibility, legality or safety of any items listed on the Platform. Gyldenore does not guarantee the quality, compatibility, legality, truthfulness, accuracy or completeness of any content posted on the Platform.  
     
  2. Gyldenore reserves the right to monitor possible disputes between Users or to act as an arbitrator / mediator in disputes between Users or between Users and third parties but has no obligation to do so.
     
  3. As mentioned before, Gyldenore reserves the right to adapt, change or rewrite the information provided by the Seller and to publish it in the new format, in order to increase the chances that a potential Buyer will see the Seller’s Content. The Seller and the Buyer agree that this will not impact Gyldenore’s status as a mere intermediary. Gyldenore will always base itself on the information provided by the Seller and will, as such, not be liable for any claims from a Buyer, the Seller or a third party with regard to the Seller’s Content as listed on the Platform.
     
  4. Gyldenore excludes any and all liability and responsibility for the execution, non-execution or incorrect execution of any contract concluded between a Buyer and a Seller (or between any other party) as a result of use of the Platform or the Services.
     
  5. Under no circumstances or legal grounds (including contractual breach, tort, negligence, breach of statutory duty, hidden or latent defect, or otherwise) will Gyldenore be responsible or liable towards the User or a third party for any form of direct, incidental, special, indirect or consequential damages as a result of or in connection with these Terms and Conditions, the Platform, the Services, or the unavailability or malfunctioning thereof, including but not limited to loss of income, loss of profit, loss of opportunity or sale, benefits missed out on, savings missed out on, loss incurred on account of business stagnation, loss of goodwill or reputation, losses suffered by clients or partners, loss of data or communication, even if the possibility of such damage has been reported. The User will, where relevant, in its contractual relationships with its clients or partners exclude liability for indirect or consequential damages, including loss of profit, so as to mitigate as much as possible the risk of third parties formulating any claim for indirect or consequential damages against either the User or Gyldenore.
     
  6. The Users acknowledge and accept that the Website, the App and the Platform are provided “as is”, and that neither Gyldenore nor any of its employees, directors, contractors, affiliates, licensors or service providers makes any representations or warranties to you regarding the usability, condition or operation thereof. Gyldenore and its employees, directors, contractors, affiliates, licensors and service providers will not be liable for any claims related to (un)availability, (un)accessibility, (in)compatibility or (in)accuracy of the Website/App/Platform or related to the (in)security of the Website/App/Platform. In particular, Gyldenore and its employees, directors, contractors, affiliates, licensors or service providers will not be liable for any damage (whether direct or indirect damage) related to breach of security, hacking, viruses or other malicious software, burglary in communication systems, bugs, errors, theft of data, loss of data (including loss of login data), breach of privacy, spamming, damage to hardware devices, delays or disruptions, etc. Under no circumstances will Gyldenore be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Platform or a User’s account.
     
  7. To the maximum extent permitted by applicable law, Gyldenore will not be liable nor responsible for: 
  • errors, mistakes, omissions or inaccuracies of content posted on the Platform (including the Seller’s Content, including in the form as amended/changed/rewritten by Gyldenore, and including relating to the characteristics of the vehicles and other products listed, their history, etc.); 
  • defamatory or offensive language or content posted on the Platform;
  • user comments posted on the Platform;
  • incorrect information of the identity or contact information of Users (in particular when a Seller’s or Buyer’s identity appears to be false);
  • illegal conduct of any third part on the Platform; 
  • vehicles or other products listed on the Platform being stolen or not being conform to any applicable rules or legislation in the largest sense possible;
  • any interruption or cessation of transmission to or from the Platform or any unavailability of the Platform or the Service; 
  • any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Platform; 
  • unauthorized access to or use of your account or our servers and/or personal information stored therein; 
  • external links to other websites posted on the Platform; 
  • any issues relating to shipping or delivery of a vehicle or other product; and
  • personal injury or property damage, of any nature whatsoever, resulting from the access to or use of the Platform.
  1. Any content downloaded or otherwise obtained through the use of the Platform is downloaded at the User’s own risk. The User will be solely responsible and liable for any damage to computer systems, mobile devices, IT systems, or loss of data that results from such download or use of the Platform or Service.
     
  2. Gyldenore makes no representations that the Platform is appropriate or available for use in other locations than the European Economic Area (EEA). Unless otherwise explicitly stated, all information and documentation on the Platform are solely directed to individuals, companies, or other entities located in the EEA.
     
  3. Subject to this paragraph, Gyldenore’s liability (and the liability of any employees, directors, contractors, affiliates, licensors or service providers of Gyldenore) in contract, pre-contract, tort or otherwise arising out of or in connection with these Terms and Conditions or its termination shall in each case be limited in aggregate to €1.000 (thousand euros). 

 

ARTICLE 11          PRIVACY  

  1. Gyldenore is dedicated to establishing trusting relationships with its Users, based on respect for personal identity and information. Users consent to the disclosure by Gyldenore of the personally identifiable information that they provide to Gyldenore for purposes of brining buyers and sellers of vehicles (or other products) together (e.g. sellers agree that their name and contact details will be disclosed to potential buyers and vice versa). 
     
  2. To demonstrate our commitment to Users’ privacy, we have developed a Privacy & Cookie Policy, which forms an integral part of this agreement, a current copy of which is available on the website. If we decide to change our privacy practices, we will post those changes in the Privacy & Cookie Policy displayed on our Platform, and other places we deem appropriate, so our Users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. 
     
  3. We will use information in accordance with the Privacy & Cookie Policy under which the information was collected. If, however, we intend to use our Users’ personally identifiable information in a manner different from that stated at the time of collection, we will notify Users via email and ask their permission before doing so. In addition, if we make any material changes in our privacy practices that do not affect User information already stored in our database, we will post a prominent notice on our Platform notifying Users of the change. In some cases where we post a notice of changes to our Privacy & Cookie Policy, we will also notify via email those Users who have opted to receive email communications from us.
     
  4. By providing Gyldenore his/her e-mail address or other contact details, every User gives consent to Gyldenore to use this e-mail address to send the User Service-related notices. In addition, the User can choose to be kept up to date on news, special offers and other updates regarding the Service or the Platform, and to receive the Gyldenore newsletter, if he or she has opted to receive such messages. If a User no longer wishes to receive such messages, he/she can choose to unsubscribe to such messages at any time by sending an e-mail to info [at] gyldenore.com

 

ARTICLE 12          DURATION 

  1. These Terms and Conditions, including the Privacy Policy, that you accept upon registration, remain valid until Gyldenore or the User terminates the agreement between the parties. The agreement between us and you can be terminated at any time, by both of the parties, subject to a termination notice of 4 weeks. Sellers understand and agree that, even after termination, they cannot sell or offer for sale a vehicle (or other product) previously offered for sale through the Platform for a period of 50 days after termination (unless otherwise decided in writing by Gyldenore). Termination notices can be sent by email or through the Platform (e.g. a message to or via the User’s account on the Platform).
     
  2. Gyldenore shall have the right to terminate or dissolve these Terms and Conditions and any contract with the User, without prior court approval, with immediate effect, at any time, and without prior notice or compensation in lieu of notice, by sending a written notice (e.g. email) of termination to the User specifying the reasons for the termination, if any of the following events occur:
  • the User has committed a material breach of any of its obligations under these Terms and Conditions (e.g. non-payment of an invoice for a period of more than 30 calendar days) and, notwithstanding a written request from Gyldenore to rectify the breach and to refrain from any breaches in the future, fails to comply with such a request; or 
  • the User becomes insolvent or enters into liquidation, a petition in bankruptcy has been filed, or the User has been declared bankrupt or has filed a voluntary petition for proceedings in temporary relief of creditors.

 

ARTICLE 13          INTELLECTUAL PROPERTY RIGHTS

  1. Gyldenore is the exclusive owner of the intellectual property rights attached to the Website, the App, the Platform and the Service offered (also encompassing the name and logo “Gyldenore”). As a user of the Platform and the Service, you undertake to refrain from copying, transcribing, reproducing, disseminating, duplicating, publishing, licensing out, running, transferring, reselling or in any other manner using the totality or the component parts making up the Platform (or a part thereof) in any way and in any form whatsoever. These component parts relate inter alia to the brand names, trademarks, texts, software, databases, forms, trade names, product names, logos, graphic components, photo’s, video’s, illustrations, designs, drawings, slogans, layouts and page arrangements and any other component part of the Platform or the Service that is eligible for protection. All intellectual property rights (incl. copyrights, patents, trademarks, design rights, etc.) related to the Platform or the Services remain the property of Gyldenore. The User shall indemnify us with respect to all damages and costs resulting from the infringement of this article, including infringement by third parties that are related to the customer.
     
  2. The name “Gyldenore” and the Gyldenore logo may not be copied, imitated or used, in whole or in part, without the prior written permission of Gyldenore. The use of metatags containing the abovementioned name or any derivative thereof without prior written permission is forbidden. 
     
  3. The Seller transfers the following exclusive and transferable rights to Gyldenore, valid worldwide and including for use on the internet, for at least 6 months as from publication on the Platform, regarding the Seller’s Content:
  • the right to modify, adapt or change the Seller’s Content in any way, in particular to rewrite, reformulate, shorten, supplement it and to link it with other content; and
  • the right to publish the Seller’s Content (including in the adapted/modified form, and including pictures and descriptions), to store it in a database, to make it available to the public, and to distribute it electronically or through other means and formats, in particular via the internet, through the Website and the App, through publication or banners/advertisements on other websites or platforms or in an offline environment (including on posters, folders, and postal cards). In case Gyldenore has adapted/modified/rewritten the Seller’s Content, the Seller will not use (copy or publish) this adapted version in any way outside the Platform, even after termination of the Agreement. The Seller in particular guarantees that Gyldenore may use any pictures or descriptions provided by the Seller for the purposes of this Agreement and as described in this Agreement (either online or offline). The Seller will hold Gyldenore harmless from and against any claims from any third party in this regard (including claims from photographers or photo agencies).

 

ARTICLE 14          GOVERNING LAW AND VENUE

  1. All disputes concerning the validity, interpretation, enforcement, performance and termination of these Terms and Conditions, as well as matters of pre- and extra-contractual liability between us and the Users, shall be governed by and construed in accordance with Belgian law. No effect shall be given to any other choice-of-law or conflict-of-laws provisions, including the UN Convention on the Sale of Goods 1980.
     
  2. All disputes concerning the validity, interpretation, enforcement, performance and termination of these Terms and Conditions shall be submitted to the exclusive jurisdiction of the courts of Antwerp. 

 

ARTICLE 15          MISCELLANEOUS 

  1. We always hope that all our Users are 100% satisfied. If you do have complaints about our services, you can contact us via you can contact us via the contact details mentioned on the Platform (including the email address info [at] gyldenore.com). We will do our best to handle your complaint within 7 days.
     
  2. Whenever possible, the provisions of these Terms and Conditions shall be interpreted in such a manner as to be valid and enforceable. However, if one or more provisions are found to be invalid, illegal or unenforceable, the remainder of these Terms and Conditions (and of that particular provision) shall remain in full force and effect. In such an event, the parties shall amend the invalid, illegal or unenforceable provision(s) or any part thereof and/or agree on a new provision, to reflect the purpose of the invalid, illegal or unenforceable provision(s).
     
  3. These Terms and Conditions shall supersede, without exception, any and all of the User’s terms and conditions, or other terms or conditions of quotation, acceptance, or purchase. Under no circumstances will any terms of the User have priority over these Terms and Conditions.
     
  4. We reserve the right to unilaterally change these general Terms and Conditions. We will inform you of such changes within a reasonable period of time, for instance by a) posting a revised version of the Terms and Conditions on our Platform, and/or (b) sending information regarding the amendment to the contact details you have provided to us. You are responsible for regularly reviewing the Platform to obtain timely notice of such changes or amendments. You shall be deemed to have accepted such changes or amendments by continuing to use or access the Platform or our Services after such changes or amendments have been posted or information regarding such changes or amendments has been sent to you. 
     
  5. In the event of force majeure, the parties are not obliged to fulfil their obligations. In such case, either the obligations can be suspended for the duration of the force majeure, or the agreement can be terminated, in whole or in part, subject to compliance with article 1134 of the Belgian Civil Code. Force majeure is any unforeseen event beyond the reasonable control of the parties (or any foreseeable event with unforeseeable consequences that may not reasonably be avoided), that completely or partially prevents the fulfilment of a party’s obligations. This includes, but is not limited to: strikes, fire, operational disruptions, diseases or epidemics, energy disruptions, breakdowns, mechanical failures, IT failures, system errors, power failures, disruptions in a (telecommunications) network or connection or used communication systems and / or the unavailability of our Website, App or Platform, the failure to deliver or the untimely delivery from suppliers or other engaged third parties, labor disputes, war, terror, acts of governments or regulators, extreme climate and weather conditions, etc. Confidentiality obligations and payment obligations will not be excused by events of force majeure. The party claiming force majeure shall promptly inform the other party in writing, explaining its reasons and the details of the force majeure event.
     
  6. A party’s failure to enforce another party’s strict performance of any provision of these Terms and Conditions will not constitute a waiver of the first party’s right to enforce that provision or any other provision of these Terms and Conditions.
     
  7. Gyldenore and the User(s) will remain independent parties. Nothing in these Terms and Conditions shall create any joint venture, agency, franchise, employment or any other relationship between Gyldenore and the User(s).