1 - Identity and definitions
These terms and conditions are those of OneOff BV, trading as OneOff Limited Cars, with its registered office at Grenadiersstraat 6C, 8800 Roeselare, registered with the Crossroads Bank for Enterprises under number BE 1040.365.778 (RLE Ghent, Kortrijk division). Our showroom and business address is Hof ter Weze 32, 8800 Roeselare. You can reach us on +32 477 36 18 86 and at iconic@oneoff.be.
In these terms and conditions:
OneOff, we or us: OneOff BV.
Client or you: any natural or legal person who enters into or wishes to enter into an agreement with OneOff.
Consumer: a client who is a natural person acting for purposes outside their trade, business, craft or profession.
Vehicle: a car that OneOff sells, searches for, works on or moves.
Services: Car Hunter (searching for and purchasing a vehicle on the client’s behalf), Detailing (cleaning, polishing and protecting a vehicle), Valet service (collecting, moving and returning a vehicle) and any other service offered by OneOff.
Agreement: any arrangement between OneOff and the client concerning the sale of a vehicle or services, including quotations accepted by the client and order forms signed by both parties.
2 - Scope
These terms and conditions apply to every quotation from OneOff and to every agreement between OneOff and the client. By accepting a quotation or signing an order form, the client declares that they are aware of and accept these terms and conditions.
Deviations only apply if OneOff has accepted them in writing, and only to the agreement for which they were made. Special conditions in a quotation, order form or sales contract take precedence over these terms and conditions.
Any general terms and conditions of the client do not apply, even if they appear on an order or other document from the client, unless OneOff has expressly accepted them in writing.
3 - Offer and formation of the agreement
Vehicles and services on our website, on social media and in advertisements are described as accurately as possible and are offered without obligation. Photos are for illustration purposes only. Obvious mistakes or clerical errors in the offer are not binding on OneOff. Vehicles are offered subject to prior sale.
A quotation from OneOff is valid for 15 days, unless it states a different period. The agreement is concluded when the client accepts the quotation in writing (including by email) or signs an order form or sales contract and, if a deposit is requested, at the moment that deposit is received.
4 - Prices and payment
All prices are in euros. Prices for consumers include VAT. For second-hand vehicles that fall under the margin scheme, VAT is not shown separately on the invoice. Costs for registration, transport, roadworthiness testing, import, insurance and the like are not included, unless the quotation or order form states otherwise.
Invoices are payable within 8 days of the invoice date and, for vehicle sales, on delivery or handover, to the account number stated on the invoice. Cash payments are limited to the amount permitted by law (currently €3,000).
In the event of late payment by a client who is not a consumer, late-payment interest is due by operation of law and without notice of default in accordance with the Act of 2 August 2002 on combating late payment in commercial transactions, together with fixed compensation of 10% of the outstanding amount, with a minimum of €40, without prejudice to the right to compensation for higher, demonstrable collection costs.
In the event of late payment by a consumer, OneOff will first send a free reminder. If the consumer does not pay within 14 days of that reminder, the late-payment interest and compensation permitted by Book XIX of the Code of Economic Law become due.
As long as an invoice has not been paid in full, OneOff may suspend performance of the agreement and the handover of the vehicle and its accompanying documents.
5 - Sale of vehicles
Deposit
When ordering a vehicle, the client pays a deposit of 10% of the sale price, unless the order form states a different amount.
Cancellation
If the client cancels the purchase after the agreement has been concluded, OneOff will retain the deposit as fixed compensation, up to a maximum of 10% of the sale price. If OneOff cancels the sale without valid reason, the client is entitled to compensation of the same amount. This article does not apply if the consumer exercises their right of withdrawal (see article 9).
Delivery and risk
The vehicle is delivered at our address in Roeselare, unless otherwise agreed. Any delivery period given is a target date. A reasonable delay does not give rise to compensation or termination; if the delay is substantial, the client may grant us a reasonable additional period by registered letter or email. If the client does not collect the vehicle within 15 days of being notified that it is ready, OneOff may charge a storage fee of €15 per day. Risk passes to the client upon delivery.
Retention of title
OneOff remains the owner of the vehicle until the full price, including costs and any interest, has been paid. Until then, the client may not sell, pledge or otherwise transfer the vehicle to third parties.
Trade-in
If OneOff takes over a vehicle from the client, the trade-in price applies on condition that the vehicle is in the same condition at handover as at the time of the valuation and that the mileage corresponds. The client guarantees that they are the owner, that the vehicle is free of debts, pledges and leasing, and that they hand over all documents, keys and the service book. In the event of any discrepancy, OneOff may adjust the trade-in price.
In the case of a sale on behalf of a third party, OneOff provides no warranty on the goods sold.
6 - Car Hunter
Under Car Hunter, OneOff searches on the client’s behalf for a vehicle that meets the criteria agreed together (make, model, version, year of manufacture, mileage, budget). OneOff will make every effort to find a suitable vehicle, but cannot guarantee that such a vehicle will be found within a given period or within budget (best-efforts obligation).
The fee for Car Hunter is set out in a signed quotation or agreement.
A vehicle is only purchased after the client has approved it in writing. Costs for inspection, transport, import, homologation, roadworthiness testing and registration are borne by the client, unless the quotation states otherwise.
If OneOff does not buy the vehicle itself but acts as an intermediary between the client and a third-party seller, the client concludes the purchase with that seller, and that seller is responsible for delivery and the warranty. OneOff checks the vehicle as carefully as possible, but is not liable for hidden defects that it could not have detected through a reasonable inspection.
7 - Detailing
When dropping off the vehicle, the client must report all existing damage, previous repairs and particularities (e.g. resprayed panels, wraps, previous coatings). OneOff records the condition of the vehicle upon receipt, with photos where necessary.
Detailing involves working on paintwork and materials. OneOff is not liable for damage resulting from a defect that was already present, from a previous repair that was not reported or from the poor condition of the paintwork, wrap or materials, unless OneOff was at fault.
An appointment can be rescheduled or cancelled free of charge up to 48 hours in advance. In the event of a later cancellation or if the client does not show up, OneOff may charge 10% of the agreed price.
The vehicle must be collected within 3 working days of OneOff notifying the client that it is ready. After that, OneOff may charge a storage fee of €15 per day.
8 - Valet service
With the Valet service, OneOff collects the vehicle, moves it and/or returns it at the agreed place and time. The vehicle is driven by a OneOff staff member holding a valid driving licence. OneOff has taken out insurance covering damage to property entrusted to it.
The client guarantees that the vehicle is insured and registered, has a valid roadworthiness certificate and is technically fit to drive. The client must report any known defects in advance. The condition of the vehicle is jointly recorded at collection and drop-off.
Fines and costs resulting from an error by the OneOff staff member during the journey are borne by OneOff. Fines resulting from the condition or the papers of the vehicle are borne by the client.
9 - Right of withdrawal for consumers
If a consumer concludes an agreement at a distance (e.g. exclusively by email, by telephone or via the website, without both parties being physically present at the same time) or off our business premises, they have the right to withdraw from that agreement within 14 days without giving any reason. For the purchase of a vehicle, this period starts on the day the consumer takes possession of the vehicle; for services, on the day the agreement is concluded.
The consumer must notify the withdrawal by email to iconic@oneoff.be or by letter, by means of an unequivocal statement. OneOff will refund all amounts received within 14 days of the withdrawal, using the same means of payment. For the purchase of a vehicle, OneOff may withhold the refund until the vehicle has been returned. The costs of returning the vehicle are borne by the consumer. The consumer is liable for any diminished value of the vehicle resulting from handling beyond what is necessary to establish its nature, characteristics and functioning (e.g. additional mileage).
If the consumer has expressly requested that a service begin during the withdrawal period, they will, upon withdrawal, pay for the part of the service that has already been performed. If the service has been fully performed with their express consent and their acknowledgement that they thereby lose their right of withdrawal, they can no longer withdraw.
There is no right of withdrawal for agreements concluded on our business premises.
10 - Legal warranty and complaints
Consumers
Vehicles sold to a consumer are covered by the legal warranty (Articles 1649bis to 1649octies of the Civil Code). OneOff is liable for any lack of conformity that exists at the time of delivery and becomes apparent within two years of delivery. For second-hand vehicles, this period is limited to one year from delivery, as permitted by law; this is also stated in the order form.
The consumer must report a lack of conformity in writing within two months of discovering it. The warranty does not cover normal wear and tear (e.g. tyres, brakes, wiper blades, battery), damage caused by an accident, misuse or inadequate maintenance, or repairs or modifications carried out by third parties without consulting OneOff.
Clients who are not consumers
For clients who are not consumers, second-hand vehicles are sold in the condition in which they are found, which the client was able to inspect before the purchase. OneOff is only liable for hidden defects of which it was aware, and the client must report them within 8 days of discovery.
Services
The client must report visible defects in the performance of a service when collecting or getting back the vehicle, or at the latest within 48 hours thereafter. A report does not suspend the payment obligation for the part that is not disputed.
Complaints
You can send complaints to iconic@oneoff.be or by letter to our address. We will respond within 14 days. If we cannot reach a solution together, a consumer can turn to the Consumer Ombudsman Service (www.consumerombudsman.be).
11 - Liability
OneOff performs its obligations with the care of a professional. Except in the case of intent, fraud or gross negligence, OneOff’s liability is limited to direct damage and to the amount of the invoice concerned or, if the damage is covered by OneOff’s insurance, to the amount paid out by that insurance.
OneOff is not liable for indirect damage, such as loss of profit, loss of use, the loss of a replacement vehicle or damage to personal belongings left in the vehicle.
These limitations do not apply to damage resulting from death or personal injury and are without prejudice to the consumer’s rights under mandatory law, including the legal warranty.
12 - Force majeure
OneOff is not liable if it cannot perform an obligation, or cannot perform it on time, due to a circumstance that it could not reasonably foresee or avoid, such as fire, flood, pandemic, strike, war, government measures, an accident, or delay or default by suppliers, carriers or manufacturers.
During force majeure, OneOff’s obligations are suspended. If the force majeure lasts longer than 60 days, either party may terminate the agreement in writing and without compensation. Any amounts already paid for a vehicle not delivered or a service not performed will be refunded.
13 - Intellectual property
All texts, photos, videos, logos, trademarks and designs on the website and in OneOff’s publications are the property of OneOff or of third parties who have given OneOff permission. You may not copy, distribute or use them without OneOff’s prior written consent.
OneOff may use photos of the client’s vehicle on its website and social media, without showing the number plate or the client’s identity. The client can refuse this at any time by notifying iconic@oneoff.be.
14 - Personal data
OneOff processes the client’s personal data in order to perform the agreement, for its accounting and to comply with its legal obligations. How this is done and what rights you have are set out in our privacy statement on this website.
15 - Amendments and invalidity
OneOff may amend these terms and conditions. The version in force at the time an agreement was concluded continues to apply to that agreement.
If any provision of these terms and conditions is void or unenforceable, the other provisions remain in force. The parties will then replace the invalid provision with a valid provision that comes as close as possible to what they intended.
The fact that OneOff does not exercise a right, or does not exercise it immediately, does not mean that it waives that right.
16 - Applicable law and competent court
These terms and conditions and all agreements between OneOff and the client are governed exclusively by Belgian law.
All disputes concerning the validity, interpretation, performance or termination of the agreements and of these terms and conditions fall within the exclusive jurisdiction of the courts of Ghent, Kortrijk division, or the Justice of the Peace of Roeselare. For disputes with a consumer, this is without prejudice to the mandatory statutory rules on the jurisdiction of the courts, under which the consumer may also bring proceedings before, or must be summoned before, the court of their place of residence.
