General Terms, Conditions of Sale & Use

Article 1 - Applicability
1.1 These general terms and conditions of sale apply to all offers, quotations, sourcing assignments (search requests), consignment agreements, and sales agreements concluded by DMOTIV BV, with its registered office at Pampa 3, 2330 Merksplas, registered in the Crossroads Bank for Enterprises (KBO) under number 1038.924.933 (hereinafter: "DMOTIV"), as well as to the use of the website and the information provided thereon.
1.2 By placing an order, signing an agreement, approving a sourcing assignment (whether digitally or otherwise), or visiting the website, the customer and website visitor acknowledge that they have read and unconditionally accepted these terms and conditions.
1.3 Deviations from these terms and conditions are only valid if they have been expressly confirmed in writing by an authorized representative of DMOTIV.

Article 2 - Formation of the Agreement, Deposit & Exclusion of Withdrawal Rights
2.1 A sales or sourcing agreement is only definitively formed after written or electronic confirmation by DMOTIV, or upon the commencement of the execution of the assignment.
2.2 Upon the formation of an agreement for the purchase or targeted sourcing of a vehicle, the customer is required to pay a fixed deposit equal to 10% of the agreed total purchase price, unless explicitly agreed otherwise in writing. DMOTIV is not obliged to proceed with the execution of the agreement until this deposit has been paid in full.
2.3 If the customer (buyer) unilaterally cancels the agreement or refuses to take delivery of the vehicle within the agreed period, DMOTIV has the right to retain this 10% deposit in full and definitively as fixed liquidated damages for lost profits and administrative costs, without prejudice to DMOTIV's right to prove higher actual damages.
2.4 Since sourcing assignments relate to the supply of goods made to the consumer's specifications or clearly personalized in nature (customized search requests for specific automotive masterpieces), the statutory right of withdrawal for distance sales is explicitly excluded under applicable legislation.

Article 3 - Prices, VAT, Tax Regimes & Inspection
3.1 All prices are expressed in Euro (€). Depending on the specific vehicle, it will be explicitly stated whether it is a VAT vehicle (VAT deductible/reclaimable) or a margin vehicle (VAT not deductible under the applicable margin scheme).
3.2 Any government levies, customs duties upon export, registration taxes (BIV), and road taxes are never included in the purchase price and are fully borne by the buyer.
3.3 Unless expressly agreed otherwise in writing, the costs for the Belgian 'inspection for sale' (keuring voor verkoop) are included in sales to a Belgian private consumer. In the event of a sale to business-to-business (B2B) clients or for international export (foreign buyers), the vehicle is delivered in the condition in which it stands ("as is"), without an inspection for sale, unless explicitly stipulated otherwise.

Article 4 - Delivery, Transport, Mileage Guarantee (Car-Pass) & Transfer of Risk
4.1 Vehicles must be collected by the buyer at the business location of DMOTIV within the period stipulated in the agreement, following full payment of the principal amount.
4.2 In accordance with Belgian law, DMOTIV provides an official **Car-Pass certificate** guaranteeing the mileage history upon every sale of a pre-owned vehicle to a private consumer. This obligation does not apply if the buyer is a professional party (B2B) or if the vehicle is directly exported abroad.
4.3 If transport is agreed upon, it shall be executed solely at the expense and risk of the buyer. The risk of damage, loss, or theft transfers irrevocably to the buyer at the moment the vehicle leaves the business premises of DMOTIV (Ex Works).

Article 5 - Warranty, Motorsport Exclusion & External Brand Warranties
5.1 **Consumer Sales (B2C):** For the sale of pre-owned vehicles to private individuals, the statutory warranty period of one (1) year applies from the date of delivery. The parties acknowledge that the condition of the vehicle (taking into account the age, mileage, and the specific nature of the sports car) has been thoroughly inspected and approved by the buyer prior to delivery.
5.2 **Business Sales (B2B):** For professional and corporate buyers, the vehicle is sold in the condition in which it stands ("as is"), and any form of contractual or statutory warranty for latent or patent defects is entirely excluded.
5.3 **Motorsport and Usage Exclusions:** Given the high-performance and purist nature of the vehicles curated by DMOTIV, any warranty claim shall immediately become void in the following cases:
- Use of the vehicle on race tracks, track days, skid pans, drag strips, or similar motorsport events;
- Damage caused by exceeding the mechanical limits of the engine or transmission (including, but not limited to, 'overrevs' / over-revving recorded in the engine management or ECU data);
- Modifications, chip tuning, power upgrades, or software adjustments carried out by third parties without the prior written consent of DMOTIV.
5.4 **External and Brand Warranties:** If a vehicle benefits from an ongoing or additional manufacturer's warranty, brand-specific extended warranty, or an external warranty insurance, the coverage and policy conditions of the respective external manufacturer or warranty provider shall apply exclusively. DMOTIV acts solely as an intermediary in this regard and can never be held liable for any refusal of coverage, exclusions, or claims disputes between the buyer and the external warranty provider.

Article 6 - Consignment Sales (Sales on Commission / Brokerage)
6.1 If DMOTIV offers and sells a vehicle on behalf of a third party (consignor / collector), DMOTIV acts exclusively as an intermediary (commission agent/broker) to bring the parties together.
6.2 In such cases, the sales agreement is formed directly between the actual owner (the consignor) and the buyer. DMOTIV is not a party to the transfer of ownership and can never be held liable for latent defects, legal defects in the title of ownership, or inaccuracies in the documentation and history provided by the consignor.
6.3 The warranty conditions for consignment sales are subject to the status of the actual seller (if the consignor is a private individual, it constitutes a sale between private individuals to which consumer warranty legislation does not apply).

Article 7 - Retention of Title & Payment
7.1 The delivered vehicle remains the exclusive property of DMOTIV until the buyer has fully complied with all obligations under the agreement, including the full payment of the principal amount and any additional transport or administrative costs.
7.2 As long as the retention of title is in force, the buyer is strictly prohibited from alienating, renting out, encumbering the vehicle with a pledge, or making structural modifications to it.

Article 8 - Intellectual Property Rights of the Website
8.1 The entire content of the DMOTIV website (including texts, logos, layout, source codes, and the unique high-res photo coverages of the masterpieces) is the exclusive intellectual property of DMOTIV BV. It is strictly prohibited to copy, scrape, or reuse any visual material, texts, or media for commercial purposes without the prior written consent of DMOTIV BV.

Article 9 - Limitation of Liability of the Website
9.1 DMOTIV makes great efforts to ensure that the information on the website (such as option lists, mileages, years of manufacture, and prices) is accurate. Nevertheless, material errors, typos, or omissions can never be entirely ruled out.
9.2 The information on the website is therefore purely indicative and does not constitute a contractual offer. DMOTIV BV is not liable for any direct or indirect damage resulting from the use of or reliance on the information on this website.

Article 10 - Amendments
10.1 DMOTIV BV reserves the right to modify or revise these terms and conditions, the vehicles displayed, and the website content at any time without prior notice.

Article 11 - Applicable Law and Competent Courts
11.1 All legal relationships, offers, and agreements between DMOTIV and the customer or website visitor shall be governed exclusively by Belgian law.
11.2 In the event of disputes, interpretation conflicts, or legal proceedings, the courts of the judicial district of Antwerp, Turnhout division, shall have exclusive jurisdiction.