Last updated July 07, 2023
1. Terms of Use Agreement
Welcome to this website ictlholland.nl, registered business name ICTL HOLLAND B.V. (“we”, “us” or “our”) offer this site to you (“You”, “Your” or “Buyer”) subject to the following terms and conditions (the “Terms”). Your use of this site shall be your agreement to abide by each of the terms set fourth below. If you do not agree with any of these terms, please do not use this site.
If you have any questions about these terms, you may contact us by:
- Phone: +32 3 336 03 83
- Email: info@ictlholland.nl
- Online contact form: https://ictlholland.nl/about/contact/
2. DESCRIPTION OF SERVICE
2.1 ICTL HOLLAND B.V. is an online vehicle broker site listing various vehicles (either from auction or otherwise) on behalf of auctions for consumers and dealers. ICTL Holland also provides car handling services in the Netherlands using its rented warehouses or partner warehouses (Third-Party-Service).
We can assist You with:
- Gaining access privileges to major auctions for various vehicles;
- Handling of the documentation involved in the purchase of Your vehicle;
- Transferring title for the purchase of Your vehicle;
- Arranging shipping (both ground and ocean transportation) for the vehicle which You purchased (including preparing all-port-documentation, clearance procedures, freight forwarding);
- Other handling services like unloading of the vehicle(s) / cargoes, unloading report generation, taking of pictures, customs compliance with local regulations, other documentation and paperwork handling, delivery and transport;
- Storage services of the vehicle(s): secure facility, regular vehicle checks, transportation services and other related services;
- Financing for select clients, on select purchases to select destinations.
- Handling of other cargo types like longer cars (length as from 5,2m), new cars, exclusive cars, jet-ski, motorcycles, ATV/quad, boats etc. Special rate is applicable for handling of above mentioned cargo types.
2.2 You understand and agree that ICTL HOLLAND B.V. does not control the price and any other terms of any sale offered through its website and that these are strictly within the control of the seller, auction clearing house, and/or dealer of that vehicle or automotive-related services and/or other third-parties which are involved in providing any of the services described in 2.1.
2.3 You further understand and agree that ICTL HOLLAND B.V. as a neutral facilitator in this process has no control over the truth, accuracy, quality, legality, or safety of postings made by users, sellers, dealers, auction clearing houses, brokers and other automotive industry professionals. You understand and agree that ICTL HOLLAND B.V. cannot and does not confirm or verify the identity, background, qualifications, or abilities of users, sellers, auction clearing houses, dealers, brokers and the like, nor does ICTL HOLLAND B.V. guaranty the condition and/or quality of the vehicles or services that are offered up for sale through this Site. Finally, You acknowledge and agree that ICTL HOLLAND B.V. is not owned by or affiliated with the auction clearing houses, including Copart Inc., or any of their subsidiaries.
2.4 Third-Party Services: Our Company may provide or facilitate access to certain services that are provided by third-party entities, individuals, or organizations („Third-Party Services“) as outlined in 2.1. These Third-Party Services are independent from our Company and are governed by their respective terms and conditions. We do not endorse, control, or assume any responsibility or liability for any Third-Party Services, including their legality, accuracy, quality, or any other aspect of such services.
2.5 Our Company has no control over the operation, availability, content, practices, or policies of Third-Party Services. Consequently, we cannot be held responsible or liable for any harm, loss, damage, or any negative consequences resulting from your use of Third-Party Services.
2.6 It is the responsibility of the Buyer to exercise discretion, be aware of the risks involved, and carefully review the terms and conditions, as well as the privacy policies, of any Third-Party Services before using or engaging with them. Any interactions, transactions, or engagements between you and Third-Party Services are solely your responsibility and at your own risk.
2.7 Indemnity: By agreeing to this disclaimer, you agree to indemnify, defend, and hold harmless our Company and its affiliates, officers, directors, employees, agents, and representatives from any claims, damages, losses, liabilities, costs, or expenses arising out of or related to your use of any Third-Party Services.
Rates of services and conditions of services related to importation charges rendered by ICTL HOLLAND B.V. are agreed separately in each case by E-mail. All rates mentioned in E-Mail rates and offers are valid till the date mentioned therein. Specific rate conditions mentioned in the quotations have contractual force and are to be respected by both parties.
In order to proceed timely with handling of your cargo, please provide below details to us by E-Mail.
- Buyer Name and contact details
- Commercial documents (invoice, packing list)
- Cargo details (VIN number, container number etc.)
- BL copy (if available)
- ETA (Estimated Time of Arrival)
Please note – in case we don’t receive the above timely we may face extra charges upon arrival in the Netherlands. Any extra charges that occurred not because of our fault are going to Customers / Buyers account.
All vehicles / cargoes are ready to collect immediately after –
-customs approval / release
-full payment receipt by ICTL HOLLAND B.V.
-collection approval by ICTL HOLLAND B.V.
ICTL HOLLAND B.V. will inform each customer about the exact pick up place of the vehicles / cargoes.
Customs documents are prepared by Third-Party on behalf of Customer / Buyer.
Any extra charges, fees, penalties sides customs office are going to Customers / Buyers account, additional service fee of ICTL HOLLAND B.V. in the amount of 75EUR/additional customs invoice to be considered.
In case of T1 documents: Customer / Buyer are fully responsible for proper T1 documents closing, any extra charges occurred because of not proper closed T1 documents are going to Customers / Buyers account.
By using our Company’s services, you acknowledge and agree to this disclaimer, understanding that we are not responsible for any third-party services and have no control over their operations. It is your own responsibility to conduct due diligence and use caution when engaging with Third-Party Services.
3. GENERAL USE RESTRICTIONS
3.1 ICTL HOLLAND B.V. and/or third parties granting rights to ICTL HOLLAND B.V. and its affiliates hold all rights, titles, and interests in and to the materials on this Site, which are the copyrighted work of ICTL HOLLAND B.V. and its affiliates. ICTL HOLLAND B.V. grants You a limited, personal, non-exclusive and non-transferable license to use and display the materials only on Your personal computer only for purposes associated with Your interaction with this website. Except as stated herein, You have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter or enhance any of the materials in any manner. Pictures and descriptions from this Site cannot be reproduced on any other site.
3.2 This limited license terminates automatically, without notice to You, if you breach any of these Terms. Upon termination, You must immediately destroy any downloaded and printed materials. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Site or any materials and You agree not to “frame” or “mirror” the Site, any material contained on or accessible from this Site on any other server or Internet-based device without the advanced written authorization of ICTL HOLLAND B.V.
4. THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY SITES
4.1 When using this Site, You have to be aware that links to third party sites and advertisements of products and/or services are only there for Your convenience. The contents, warranties or any other representations in those ads are NOT those of ICTL HOLLAND B.V. You acknowledge that ICTL HOLLAND B.V. and its affiliates are hereby RELEASED by You from any legal or financial responsibility that may stem from Your use and/or purchase of anything from third party advertisers and/or sponsors. The service may be financially beneficial for ICTL HOLLAND B.V. in some instances.
4.2 The links, advertisements and/or pop-ups are provided for Your convenience only. You acknowledge that ICTL HOLLAND B.V. and its affiliates do not make ANY representations in those links, advertisements and/or pop-ups. The Site is simply a medium that provides a place for posting of such advertisements, pop-ups and/or links.
4.3 Although ICTL HOLLAND B.V. cannot monitor every listing posted on our Site, it reserves the right, but assumes no obligation, to delete, move, or edit any listings or postings on our website. You understand and agree that the services on this Site (the “Services”) are provided „AS-IS“ and „WHERE-IS, WITH ALL FAULT“, and that ICTL HOLLAND B.V. assumes no responsibility for the condition, timeliness or non-delivery of a vehicle(s) and/or related services.
5. CANCELLATION POLICY
If ICTL HOLLAND B.V. does not receive payment in full of the purchase price of the vehicle You have purchased within 5 days after the purchase date, ICTL HOLLAND B.V. will consider Your purchase canceled. In that case the vehicle which You are obligated to purchase will be relisted and a fee, being the greater of: i) 10% of the purchase price, ii) 600EUR, iii) the total cost (including all fees charged by ICTL HOLLAND B.V. and the auction clearing house) to complete the purchase of the vehicle You authorized us to purchase on Your behalf from the auction clearing house less the total amount received when the vehicle is resold through the auction clearing house (or otherwise) as a result of Your non-payment for this vehicle and iv) the fee charged by the auction clearing house to ICTL HOLLAND B.V., will be charged to Your account and the terms of Sections (REFUND) will apply as if set out in full herein (including, without limitation, using Your deposit to offset a portion of the losses that ICTL HOLLAND B.V. incurs). You acknowledge and agree that You will be fully liable for payment of all of the costs and fee(s) set out in this Section 5.
6. DISCLAIMER OF WARRANTIES AND DAMAGES
6.1 Your use of this Site is at Your own risk. This Site may include inaccuracies or errors that may affect the quality of the materials and/or services on the Site (including, without limitation, information about the vehicles being sold on the Site). The products have not been independently verified or authenticated in whole or in part by ICTL HOLLAND B.V. Before purchasing vehicles and/or related services that You have read about on ICTL HOLLAND B.V., You should confirm any information that is important to Your purchasing decision (including, without limitation, the condition of the vehicle and the price). ICTL HOLLAND B.V. does not warrant the accuracy or timeliness of the descriptions and/or pictures of goods that are purchased by You on our Site. You hereby release ICTL HOLLAND B.V. from any liability for any errors or omissions in the descriptions and/or pictures, whether provided by ICTL HOLLAND B.V., affiliated dealers or third parties.
6.2 BUYER AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ICTL HOLLAND B.V. SHALL NOT UNDER ANY CIRCUMSTANCES HAVE ANY LIABILITY WHATSOEVER TO BUYER OR ANY THIRD PARTY (WHETHER JOINTLY, SEVERALLY, OR INDIVIDUALLY) FOR ANY (a) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, (b) LOSS OF USE, DATA, OPPORTUNITY, GOODWILL, REPUTATION, PROFIT, OR REVENUE, OR (c) COSTS OR EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEY FEES), FOR ANY CLAIM NOT AMOUNTING TO A WILLFUL OR INTENTIONAL WRONG.
7. INACCURACIES OR ERRORS
7.1 The descriptions, Vehicle Reports, pictures and other representations of products on this site may contain inaccuracies and/or errors (including, without limitation, the title status of the vehicle, the general status of the vehicle, the mileage and anything else related thereto). ICTL HOLLAND B.V. and its affiliates do not make (or attempt to make) any guarantee, warranty or representation with respect to the accuracy or completeness of any such information. Prior to bidding on and/or buying any vehicle on this site, You should ascertain, confirm, research, inspect, and/or investigate vehicles and any and all information regarding the type, title, condition, damage, mileage, status, history of vehicles.
7.2 You acknowledge that prices and availability of products, descriptions of which are provided on this Site, may change without notice to You at any time pursuant to the sole discretion of our affiliated dealers, ICTL HOLLAND B.V. and its affiliates.
7.3 Dealers and auction clearing houses associated with ICTL HOLLAND B.V. shall have the right to refuse or cancel any offers placed for products listed on this website. Dealers associated with ICTL HOLLAND B.V. shall have the right to refuse or cancel any such offers whether or not the offer has been accepted and You provided the necessary deposit. If You have paid a deposit and your offer has been refused or canceled, Your deposit will be refunded in a timely manner subject to the terms of, and in accordance with, REFUND POLICY.
8. RISK OF LOSS
8.1 Buyer takes full responsibility and assumes all risk of loss for all vehicles purchased from the time that ICTL HOLLAND B.V.’s affiliated dealer accepts the Buyer’s bid. From and after acceptance of Buyer’s bid (for vehicles located at either one of our affiliated storage facilities) Buyer acknowledges that that storage facility is acting as bailee of Buyer’s vehicle until such time as the vehicle is removed from those premises.
9. REGISTRATION LAWS DISCLAIMER
9.1 ICTL HOLLAND B.V. and its affiliated dealers do not guarantee that any vehicle sold can be legally registered in any state or country, and Buyer accepts all risks associated with variations in vehicle title and registration laws between states, provinces, and countries that may negatively impact the marketability of vehicles purchased through AutoAuctionMall.com’s website.
10. TERMS OF USE REVISIONS
10.1 ICTL HOLLAND B.V. may revise these Terms at any time without notice by updating this posting. You are responsible for checking the Terms periodically for changes. Your continued use of the Site after such modifications have been made will constitute Your acceptance of such revised Terms.
11. APPLICABLE LAW AND CHOICE OF FORUM
11.1 Any action related to these Terms will be governed by the law of the Netherlands, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the commercial courts located in the Netherlands, for the resolution of all disputes arising from or related to these Terms and/or Your use of the Site. You, the customer, hereby agree that any and all litigation related to ICTL HOLLAND B.V. and/or its affiliates shall be litigated only in the Netherlands commercial Courts under the laws of the Netherlands.
If you believe that material available on our site, infringes on your copyright(s), please contact us first or notify us. Upon receipt of a valid and complete notice, we will take reasonable efforts to remove the material in a timely manner.
Please note that we are unable to process notices that refer to sites not owned by ICTL HOLLAND B.V. and/or hosted by third parties but we will make reasonable attempts to support your direct claims to such websites whenever possible.
Please be advised that you may be liable for charges (including costs and attorneys’ fees) if you materially misrepresent that material or activity is infringing. We have and will seek to collect those charges.
If you have any further questions or comments, you may contact us by:
- Phone: +32 3 336 03 83
- Email: info@ictlholland.nl
- Online contact form: https://ictlholland.nl/about/contact/