Terms & Conditions

Article 1 Definitions
1. SpeedYellow.com is a sole proprietorship which aims to offer an online platform on which User can place advertisements in the form of various subscriptions advertising on the sale of vehicles in the most broad sense, such as, but not exclusively cars, motorcycles, vans, boats, aircraft and industrial machinery. This sale can also take place internationally.
2. In these General Terms and Conditions, 'User' means: a natural person or the intermediary or representative acting on his behalf who concludes the User Agreement with SpeedYellow.com.
3. In these general terms and conditions, 'services' means: offering an opportunity to advertise against payment on the website of SpeedYellow.com.
4. By 'User Agreement' in these General Terms and Conditions is meant: the legal relationship between the User and SpeedYellow.com, in the broadest sense.
5. In these General Terms and Conditions, 'Account' means: the personal section created and managed by the User when he logs on to the platform.
6. In these General Terms and Conditions, 'Subscription' means: one of the subscriptions that SpeedYellow.com offers with regard to the various advertising possibilities that User can conclude.
7. In these General Terms and Conditions, 'Platform' means: the Platform www.SpeedYellow.com and all other Platforms related to SpeedYellow.com.

Article 2 Applicability of the General Terms and Conditions
1. The General Terms and Conditions apply to all relations that exist between User and SpeedYellow.com.
2. Deviations from the General Terms and Conditions are only valid if expressly agreed in writing with SpeedYellow.com.
3. If one or more of the provisions of these General Terms and Conditions conflict with a statutory regulation or other regulations, the remaining provisions will remain in effect.

Article 3 Functioning of the Platform
1. SpeedYellow.com offers an online Platform where User can become a free member by registering via the Platform. If a User only becomes a member and does not conclude a Subscription, it is not possible for the User to sell vehicles. User can only buy vehicles.
2. User can also take out a Subscription to gain access to the various options for selling vehicles. These Entries are explained from article 7 of these General Terms and Conditions.

Article 4 Identity of SpeedYellow.com
1. SpeedYellow.com is registered with the Chamber of Commerce under number 71055533 and carries VAT identification number NL001709673B29. SpeedYellow.com is located at the Verolmestraat 5 (3244 AT) in Nieuwe Tonge.
2. SpeedYellow can be reached by e-mail via info@speedyellow.com or through the website www.SpeedYellow.com.

Article 5 Applicable law and competent court
1. Dutch law applies to the legal relationship (s) between SpeedYellow.com and User.
2. All disputes that may arise between SpeedYellow.com and User shall be settled by an authorized judge of the Judicial District of Rotterdam located in Rotterdam.

Article 6 Other Provisions
1. SpeedYellow.com guarantees that personal data will be treated confidentially. The received confidential information will only be used for the purpose for which it was provided. Information will in any case be regarded as confidential if it has been designated as such by one of the parties. SpeedYellow.com can not be held to this if the provision of data to a non-involved third party is necessary pursuant to a court order or a statutory regulation. For more information regarding the protection of personal data, SpeedYellow.com refers to its privacy statement, which can be found on the Website.
2. SpeedYellow.com is not liable for damage resulting from inaccuracies, problems caused by, or inherent to the dissemination of information via internet as well as technical malfunctions. SpeedYellow.com does not accept liability for damage suffered as a result of the use of data provided by the Platform.

SpeedYellow.com and User

Article 7 Use of the Platform by User
1. SpeedYellow.com initially offers Users the possibility to enter into sale advertisements placed on the Website.
2. The use of the Platform of SpeedYellow.com by User is initially free of charge.
3. User registers during the first use of the Platform and thereby accepts these General Terms and Conditions. SpeedYellow.com confirms the registration to the User by e-mail, whereby the access data for the personal user account is also provided. With this confirmation the User Agreement comes into effect where these General Terms and Conditions apply to, among other things.
4. User can choose to conclude a Subscription with SpeedYellow.com via the webshop. If the User chooses this, the User Agreement as mentioned in Article 7.3 of these General Terms and Conditions will be modified to match the conditions of the relevant Subscription. This adjustment takes place when the User receives a confirmation e-mail. These Terms and Conditions continue to apply to the User Agreement.

Article 8 The conclusion of a Subscription by the User
1.User can take out a Subscription via the webshop of the Platform.
2. User guarantees to SpeedYellow.com that the information provided with the application is accurate, complete and up-to-date. User is responsible for the correctness and completeness of the information provided and for the adjustment and / or supplementation of the information if it is no longer correct. User acknowledges and understands that the correctness, actuality and completeness of the information provided are of great importance for the optimal functioning of the Services.
3. BRONZE: 10 advertisements online for 80 euros ex VAT per month (so 8 euros ex VAT per ad)
SILVER: 25 advertisements online for 175 euros ex VAT per month (so 7 euros ex VAT per ad)
GOLD: 100 advertisements online for 500 euros ex VAT per month (so 5 euros ex VAT per ad)
PLATINUM: 250 advertisements online for 1000 euros ex VAT per month (so 4 euros ex VAT per ad)
4. For each of these Subscriptions applies that when a vehicle which is advertised within this 4 weeks or month is sold, that User may replace this advertisement by another. As a result, more vehicles than the number of bought-out advertisements can be sold.
5. For the Single Subscription applies that when a vehicle which is advertised within these 4 weeks is sold, User can save the remaining time that the relevant advertisement can still be replaced in accordance with paragraph 4 of this article until a later time. It is therefore not necessary to use the 4 weeks that User may place an advertisement consecutively. Retention of remaining time is possible up to a maximum of 8 weeks with the exception of the automatic expiration at the end of the year. For Subscription holders of the subscriptions Bronze, Silver or Gold this is not possible.
6. It is expressly not permitted to enter into a Subscription in the name of another person.
7. It is expressly not permitted to share a Subscription with another person.
SpeedYellow.com will actively monitor this and immediately remove the relevant Subscription for fraud. User will not get back the remaining amount that has already been paid. Any costs incurred by SpeedYellow.com regarding the investigation into the fraud and the removal of the fraudulent Subscription will be charged to the User. SpeedYellow.com sends an invoice to User, which must be paid within fourteen (14) days.
8. If User has not received a confirmation from SpeedYellow.com within 48 hours, it must contact SpeedYellow.com.

Article 9 Payment of the Subscription
1. All amounts mentioned on the Platform are in euros and include VAT, unless otherwise stated.
If there are amounts that are not included in the price, this is indicated. However, SpeedYellow.com does not guarantee that all additional costs have been mentioned and can not be held liable in case additional costs have to be paid later.
2. User pays at the moment the Subscription is concluded. The amounts of the Single Subscription apply for four weeks, starting from the date on which the Subscription is taken out. The amounts of the Bronze, Silver and Gold Subscriptions apply for one (1) month, starting from the date on which the Subscription is concluded to the same date one (1) month later.
3. The user pays once per settlement as described in paragraph 2 of this article by means of a direct debit, which must be set at the conclusion of the Subscription.
4. Payment can be made via Ideal, Paypal or Creditcard. The User is free to choose between these options.
5. Payment in installments is not possible.

Article 10 Termination of the Subscription
1. The Subscription will automatically be renewed at the end of the paid month as stated in Article 9.2 of these General Terms and Conditions.
2. If it appears that no automatic debit has been set by the User as stated in Article 9.3 of these General Terms and Conditions, the User's Subscription will immediately lapse.
Any damage incurred in this will be at the expense of the User.
3. It is possible at any time for the User to cancel the Subscription, with due observance of a notice period of one (1) month. This term applies from the day on which the Subscription is concluded. This means that a (1) monthly amount always has to be paid before the Subscription ends.

Article 11 Liability
1. SpeedYellow.com is not liable for damage resulting if User acts on the basis of the information SpeedYellow.com provided .
2.SpeedYellow.com is not liable for damage resulting from inaccuracies and / or errors in the Platform itself.
3. SpeedYellow.com is not liable for damage resulting from the loss of data or payments because no direct debit has been set up, as a result of which the Subscription is terminated, as referred to in Article 10.2 of these General Terms and Conditions.
4. SpeedYellow.com does not guarantee that the Platform and / or the Services is accessible at all times and without interruptions or failures. SpeedYellow.com is in no way liable or liable to the User for any damage resulting from or resulting from the (temporarily) unavailability, the (interim) failure and / or the improper working of the Platform and / or the Services.
5. SpeedYellow.com is not liable for damage as a result of failure or delay of electronic messages.
6. SpeedYellow.com is not liable for indirect damage, including but not limited to consequential loss, loss of profit, lost savings and damage due to business stagnation.
7. SpeedYellow.com is not liable for non-compliance or late fulfillment of the obligations, in case this is caused by force majeure as referred to in Article 12.
8. All claims of the User due to a failure on the part of SpeedYellow.com lapse if they have not been reported in writing and motivated to SpeedYellow.com within a reasonable period, after the User was known or reasonably could be familiar with the facts on which he bases his claims.
9. User indemnifies SpeedYellow.com for claims from third parties that are related to the Services.
10. The limitation of liability does not apply if there is intent or deliberate recklessness on the part of SpeedYellow.com.
11. This provision does not exclude liability to the extent that liability may not be limited or excluded by law.

Article 12 Force Majeure
1. Force majeure means all external causes, other than will or caused by SpeedYellow.com, so that timely, complete or correct execution of its Services is no longer possible.
2. Force majeure as referred to in the previous paragraph also includes, but is not limited to: non-fulfillment of a third party, illness of staff of SpeedYellow.com itself or a third party or serious disruptions in the systems of SpeedYellow.com as well as any other breach of contract by third parties.
3. In the event of force majeure, performance of the Services will be suspended for as long as the force majeure lasts.

Article 13 Complaints
1. Complaints about the Services of SpeedYellow.com can be reported by means of an e-mail to info@speedyellow.com.
2. User must contact SpeedYellow.com within fourteen (14) days of discovery of the complaint, unless this can not reasonably be required.