CPL B.V. General Terms and Conditions
CPL B.V. offers a mediation service through which car companies (the Participants) receive the contact details of private individuals and companies (the Requesters) who have requested a quote on our platform. Services offered by CPL B.V. allow Participants to contact potential clients and allow the Requesters to request quotes from one or more companies.
These general terms and conditions describe the use of CPL.eu on the part of the Participants.
Participants who use the service offered by CPL B.V. acknowledge that they have read and accept these general terms and conditions.
Requests for Quotes
- The Participant accepts that the requests for quotes provided through CPL B.V. vary and that there is no guarantee of a quote being requested.
- CPL B.V. only provides requests for quotes and does not guarantee turnover as a result of this.
- CPL B.V. ensures that the Participant is provided with enough information to enable the Participant to contact the Requester.
- CPL B.V. guarantees that a request for a quote will be sent to a maximum of five (5) Participants.
- To best benefit from the services offered by CPL B.V., the Participant is asked:
- to contact the Requester within one (1) working day
- to phone the Requester once a quote has been sent, to verify whether it has been received.
- to contact the requester again after five (5) days, to find out whether the Requester has already selected one of the quotes.
- to comply with agreements made and adhere to deadlines set in the quote.
- to adhere to standards as normally apply within the profession.
- to be registered as a company, as provided for by law.
- to possess the requisite qualifications and knowledge to be able to provide the services concerned or supply products.
- to ensure services are provided and billed.
- to offer services of a quality that meets the Requester's wishes.
- to provide the Requester with good aftercare.
- Failure to comply with the conditions stated in the article above may result in the immediate suspension or termination of the Participant's listing, without restitution of amounts previously paid to CPL B.V.
- The Participant pays an agreed fee for each opened lead.
- CPL B.V. is not entitled to receive commission on amounts Requesters have paid to Participants for services provided by Participants.
- CPL B.V. is entitled to change the fee charged per request for quotation and the general terms and conditions at any time.
- If the fee charged per request for quotation is changed, CPL B.V. will only inform Participants by email. Participants must be informed at least ten (10) days before changes to fees are implemented.
Invoicing and Payment
- The Participant agrees to payment by means of direct debit or payment by invoice. In case of direct debit, the amount owed will be debited automatically within fourteen (14) days from the date of the invoice. In case of payment by invoice, the Participant must pay the amount owed within fourteen (14) days from the date of the invoice.
- In the first week of the month, the Participant will receive an invoice for the leads opened in the previous month. An annex listing the requests for quotes received and advertised, specified by quote number, will be included with each invoice.
- Objections to the invoice must be made in writing or by email within fourteen (14) days from the date of the invoice. Any corrections will be settled with the following month's invoice.
- If payment is not made within the period stated, the listing will be removed.
- If the Participant is unable to meet deadlines set for payment, reminders will be sent. If the Participant does not respond to these reminders, the matter will be transferred to a debt collection agency.
- The Participant must be registered in the trade register of the Chamber of Commerce and provide CPL B.V. with its registration number.
- The Participant is liable for an administrative fine of €40.00 including VAT to cover banking costs which must be incurred in relation to the late payment of an invoice. CPL B.V. can also charge the Participant an interest of 2% per month on the overdue payment, calculated from the date on which the invoice became due to the actual time of payment.
- The Participant is responsible for the information regarding their company which is provided to CPL B.V. CPL B.V. is not liable for misconceptions or incorrect information. The Participant is responsible for keeping company information up -to date.
- The Participant undertakes to provide a valid, working email address to CPL B.V. Requests for quotes will be sent to this email address. CPL B.V. is not liable for requests for quotes which the Participant does not receive, and the Participant agrees to pay for all requests for quotes sent to the email address provided by the Participant.
- The Participant may pass on amendments by contacting the customer service by telephone or by sending an email to email@example.com.
- CPL B.V. processes all amendments within two (2) working days at most.
- CPL B.V. reserves the right to refuse substantial amendments to the Requester's listing. The Requester will be informed of this within two (2) working days.
Complaints regarding Requests for Quotes
- Complaints regarding requests for quotes will be honoured in the following cases*:
- The Requester's details correspond to a request for which the Participant has already paid due to a previous request for quotes through CPL B.V. in the previous twenty (20) days (IDENTICAL REQUEST).
- The Requester's telephone number is incorrect and the Requester does not respond to emails, as a result of which the Participant is unable to contact the Requester. (TELEPHONE NUMBER NOT WORKING).
- The entire request was fictitious (FICTITIOUS REQUEST). *If an automatic complaint percentage has been established for the Participant, the Participant may not use the complaint service (see article 33).
- To complain about a request, the Participant must submit a claim request within ten (10) days of receipt of the request for a quote using the cpl.eu platform. CPL B.V. is entitled to determine whether a claim request will be honoured. If a complaint is honoured, the Requester will receive confirmation by email.
- Whenever possible, the Participant must pass on complaints in the month to which they relate. If CPL B.V. receives complaints regarding requests for quotes from the previous month, these will be settled on the invoice of the current month.
- The price of a request for a quote is based on the advertising costs incurred on behalf of the Participant, plus a small surplus for the provision of the service. If the Participant complains about too high a number of requests for quotes, the costs for passing on requests to this Participant will be higher than the revenue earned by CPL B.V. In such cases, the system notifies of us a Participant who does not sufficiently support the service. Initially, CPL B.V. will ask this Participant to reduce the number of complaints it submits. Failure to comply with this request after two (2) opportunities for contact will result in a complaints measure being implemented against the Participant. A complaints measure means that for this Participant, an automatic complaints percentage of 10% will be applied. An automatic complaints percentage of 10% will be applied to all future invoices. The Participant may then no longer use the CPL B.V. complaints service.
- Once a listing has been terminated, Participants are not permitted to continue to submit claims.
Contract Period and Termination
- CPL B.V. does not apply a minimum contract period. The Participant can terminate the service immediately at any time.
- The Participant may terminate their listing on CPL B.V. by email, registered letter, or by telephone. CPL B.V. will process the termination of the listing within a maximum of two (2) working days.
- The Participant agrees that at the time the listing is terminated, all amounts owed to CPL B.V. must still be paid.
- CPL B.V. at all times reserves the right to exclude a company from participation or trial listing without prior notice and without stating reasons.
Registration and Trial Listing
- CPL B.V. reserves the right to refuse a company a trial period.
- CPL B.V. reserves the right to refuse a company's registration for whatever reason, without stating reasons.
- The Participant is entitled to a trial listing if it has not previously used CPL B.V.
- Receipt of requests for quotes during the trial period is not guaranteed.
Offers and Discounts
- CPL B.V. only provides one offer per Participant, regardless of the number of listings placed with CPL B.V.
- CPL B.V. reserves the right to amend or withdraw offers or discounts.
- CPL B.V. cannot be bound by its offers if the Participant ought to have understood that the offer or part thereof contained an obvious error or mistake.
- An offer cannot be used in conjunction with another offer.
- If the Participant terminates its listing, offers and discounts awarded will expire.
- The Participant keeps itself informed of changes to the general terms and conditions by consulting them regularly.
- CPL B.V. is never liable for an amount arising from a dispute between Requester and Participant as part of the contract a Participant has with, or the provision of a service to, a Requester. CPL B.V. will not be held liable, and the Participants indemnify CPL B.V. against any liability in a dispute which may arise between the Requester and the participant concerning a breach of contract on the part of the Participant towards the Requester.
- CPL B.V. is not involved in, and bears no responsibility for, contracts between Participants and Requesters, payments to Participants by Requesters, or disputes Participants have with Requesters. CPL B.V. does not offer any guarantees regarding the extent of interest of Requesters, the desire to have an assignment carried out, the creditworthiness or ability to pay Participants, the accuracy of information offered by Requesters, or that Requesters will actually hire Participants to provide services. Additionally, CPL B.V. does not guarantee Participants that they will have successful contact with each Requester.
- In no case is CPL B.V. liable towards the Participant in relation to any indirect, incidental, special damage, lost income, missed profits, or loss of goodwill. In no case will CPL B.V.'s total liability towards the Participant exceed the total of all amounts paid to CPL B.V. by the Participant in the previous 12 months, regardless of the reason for the claim.
- Services are provided to the Participant on an "as is" basis, and CPL B.V. rejects all explicit or implicit guarantees, including but not limited to all guarantees of merchantability, suitability for a given purpose, and non-infringement, to the fullest extent permitted by law.
- The name, trademarks and logos of CPL B.V. and the contents of websites offered by CPL B.V. are the property of CPL B.V. and may never be used or reproduced in any way whatsoever without the prior written agreement of CPL B.V. Furthermore, the Participant agrees that the details it provides to CPL B.V. will become the exclusive property of CPL B.V., with the exception of the names, trademarks and logos of the Participant, and these may be published on websites offered by CPL B.V. or in marketing materials, in whole or in part, without any form of remuneration for the Participant. The Participant allows CPL B.V. to publish its name and company name, its profile on CPL B.V., its qualifications and memberships of associations or federations, its logos and trademarks, its comments and assessments of CPL B.V.'s services, comments, assessments, photos and satisfaction scores of Requesters and photos which the Participant has offered to CPL B.V. to promote the services of the Participant or CPL B.V. through online or offline media. The Participants warrants, guarantees and assures that it owns all rights to the contents which the Participant provides to CPL B.V. and that the content does not infringe on the intellectual property rights of third parties. CPL B.V. at all times reserves the right to refuse or delete any content of which it suspects that this does not comply with editorial requirements or that it is not in accordance with intellectual property law.
- CPL B.V. may use a survey to ask Requesters to provide comments, assessments, photos, and satisfaction scores for services performed by the Participants. The Participant accepts that CPL B.V. will contact clients of the Participants to obtain comments, assessments and satisfaction scores regarding the services performed by the Participant in question. The Participant accepts that all information obtained in this way by CPL B.V. will become the exclusive property of CPL B.V. and that this information may be published, in part or in full, on websites offered by CPL B.V. or in marketing material without any form of remuneration for the Participant. The Participant accepts that the Requesters may provide comments and assessments of the services provided. CPL B.V. is not responsible for comments, assessments, photos and satisfaction scores of Requesters published on websites offered by CPL B.V. Furthermore, the Participant accepts that the Participant is in no way authorised to reproduce, publish or use such information, whether or not for advertising purposes, including information relating directly to the Participant, without the prior written agreement of CPL B.V. Any unauthorised use of the aforementioned information may result in legal proceedings, termination of the Participant's listing on CPL B.V., and dissolution of the relevant agreement.
- The Participant indemnifies CPL B.V. against all claims from third parties, including shareholders, directors, Participants, staff of CPL B.V., legal successors and assignees (the Indemnified Parties), and indemnifies them against all claims, demands, pledges, damage, legal claims and debts of any kind whatsoever, including but not limited to personal injury, intellectual property rights infringement, fraud, misleading advertising, violations of the law, damage to property, legal and judicial costs, which in any way, directly or indirectly, from or in relation to or during the course of or in any other way related to one of the activities of the Participant for or relating to Requesters, or services of the Participant, representations, advertising, or obligations (including but not limited to the Participant's duty of confidentiality regarding personal data in accordance with the GDPR) as determined in this agreement, regardless of whether the cause was the fault or negligence of CPL B.V. or the Indemnified Parties, and regardless of whether this is attributable to a simultaneous or contributory error, strict liability or negligence, severally, jointly or simultaneously, actively or passively, on the part of CPL B.V. or the Indemnified Parties.
- The Participant must comply with the rules regarding the General Data Protection Regulation (GDPR). The requests for quotes the Participant receives from CPL B.V. may not be forwarded to third parties and may only be used for the purpose for which the personal data was supplied, i.e. to provide a quote. The transfer of requests for quotes by the Participant to third parties, free of charge or for a fee, or to other service providers or subcontractors, is strictly prohibited. If CPL B.V. becomes aware of this, the Participant's listing will be terminated and a fine of €500.00 per forwarded request for quote will be imposed.
- If the Participant does not agree with amendments to the general terms and conditions or changes in prices, the Participant may terminate its listing. If the Participant does not terminate its listing, the listing will continue to run tacitly, with due observance of the changes communicated by CPL B.V.
- Should one or more of the provisions, or a part thereof, of these general terms and conditions or any part of the underlying agreement be void or be nullified, this will not affect the content of the provisions of these general terms and conditions, and the underlying agreement will be maintained.
- All disputes arising from or in connection with an agreement between CPL B.V. and the Participant or related thereto will be judged exclusively by the competent court in the district of Utrecht, unless CPL B.V. prefers to submit the dispute to the competent court at the residence of the Participant.
- These general terms and conditions are governed by Dutch law.