The www.wheelscanner.com website is an intermediation platform, accessible on the website of the company WheelScanner, which allows individuals to get in touch to entrust a user registered as an inspector, a vehicle inspection motor before any second-hand purchase and / or offer their services as a vehicle inspector to users of the site who wish to acquire a vehicle.
These terms and conditions (hereinafter the "Terms") are intended to regulate the access and use of the site www.wheelscanner.com (hereinafter referred to as "the Site") published by the company WheelScanner .
The linking service proposed by WheelScanner, is based on the respect of the rules defined in these general conditions of use. Each user of the service is invited to read them carefully before using the service.
Any registration by a user to the platform www.wheelscanner.com induces irrevocable and final acceptance for the latter, of the entirety of the present General Conditions of Use.
It is also recalled that WheelScanner is not party to any agreement, contract or contractual relationship of any kind whatsoever between the Users of its Site.
The details of WheelScanner, company S.A.S, capital of 1000 €, registered with the RCS of Annecy, under the number 824 364 467 are the following ones:
Email address: Please use the form on the homepage to contact us by email.
"User (s)": means any natural person who accesses or views the Website www.wheelscanner.com by any means whatsoever.
"User (s)" means any individual who accesses or views the Website www.wheelscanner.com by any means whatsoever and who follows the registration process and / or implements the Service offered by WheelScanner.
"Service" means all services rendered by WheelScanner, using the platform www.wheelscanner.com and in particular the linking of Users who wish to submit advertisements to request an inspection before any purchase of a used vehicle present on the French territory, and those who wish to offer their services as an Inspector. The Service consists of a simple linking of particular Users.
"WheelScanner": refers to the trademark of WheelScanner's Individual User Matching Service.
"Announcement": means the choice of the Inspection Report made by the Customer on the Site and proposed to the Inspectors.
"Customer": means a User, registered on the Site, who submits an Announcement on his behalf and on his behalf, to obtain the preliminary inspection of a second-hand vehicle he wishes to acquire, by an Inspector from the network WheelScanner.
"Inspector": means any User, who is registered on the Site and offers his services as an individual, to inspect any used vehicle in the Territory, responding to an advertisement submitted by a Customer on the Site. The status of Inspector is subject to compliance with several conditions described in Article 4.3.
"Inspection": any service performed by an Inspector on the vehicle designated by the Customer and subject to an Inspection Report completed by the Inspector, in accordance with the Ad that he has accepted.
"Inspection Report": means a report in a format determined by WheelScanner and submitted by the Inspector to the Customer following his Vehicle Inspection indicating, according to the type of report chosen by the Customer, the controlled points and conclusions of his inspection. The different categories of Reports are present on the main page of the Site.
"Service Fee" means the financial consideration received by WheelScanner in consideration for the operation of the Service and in particular the management of the advertisements on the Site.
"Owner" means the owner of the second-hand motor vehicle covered by the Inspection Report.
"Territory": refers to metropolitan France.
Any use of the Service by a User, offered by the WheelScanner Site is formally conditioned on the following prerequisites:
- be over 18 years old
- not be incapacitated or act in collaboration with his legal representatives;
- be assured;
- In addition, a User wishing to register as an Inspector, must not suffer from a disability, blindness, or other health problems making it impossible to practice driving as regulated in Article R412- 6 of the Highway Code and the provisions of the Decree of 21 December 2005 establishing the list of medical conditions incompatible with obtaining or maintaining a driving license or giving rise to the issue of driving licenses with a period of validity limited;
In order to access the Site, it is necessary for the User to have internet access and all the necessary equipment for the connection (computer, modem, etc.).
4.1. Creating an account for any User
To register and benefit from the Services offered by the Site, any User must first create an account.
It is possible to view the Ads as a simple Internet user. However, to publish Ads and / or become an Inspector, it is mandatory to create an Account.
A User may decide to create an Inspector Account and / or a Customer Account.
To do this, the User agrees to transmit to WheelScanner personal data concerning him. This information is essential for the proper functioning of the Service. Thus the data provided must be complete, accurate and regularly updated. The data necessary for the implementation of the Service are requested from the User when creating his account.
WheelScanner can not be held responsible for any information communicated by a User that is incorrect or fraudulent. The User assumes all consequences arising from the transmission of false information.
The creation of an account is done by completing the mandatory fields on the registration form available on the Site, after reading and accepting these Terms, by checking the box provided for this purpose.
4.2. Specific and additional terms and conditions for creating an Inspector account
When creating an Inspector account, the User agrees to complete the mandatory fields on the registration form and to provide the following documents:
- copy of his valid identity document or passport;
- copy of his valid driving license.
4.3. User Account Security
At the end of the registration process, the User chooses a username and password strictly personal, confidential and non-transferable.
The user is solely responsible for maintaining the confidentiality of the account name and password and any actions that may be taken under the identification of the account and / or with the password that have been assigned to him.
In case of loss, theft or disclosure of his password, the User agrees to inform WheelScanner without delay.
Finally, the User agrees to provide an email address as a means of communication between WheelScanner and the User. Any message received by the User at this address will be considered as received and read by the User.
5.1. Publication of Announcements
When the User has created a Customer Account, he proceeds to publish an Announcement. For this, the Customer chooses a type of Report from the different categories of Reports offered on the Site.
Each category of Inspection Report is distinguished by the number and type of items to be inspected, as well as by the possibility for the Customer to add within his Ad a number of photographs and comments / or documents.
The Inspection Report Announcement posted by the Customer on the Website includes:
- the items he wishes to be inspected on the vehicle:
- The type of Inspection Report chosen allowing the Inspector to know the checkpoints to be made,
- the type of vehicle (make / model / year of entry into service),
- The address where the vehicle can be inspected,
- the elements concerning the Owner of the vehicle, such as:
- His name and surname
- His telephone number
- His email (optional)
The Customer acknowledges being solely responsible for the publications in the Announcement, which implies that the information provided must be complete and accurate.
By disclosing the details of the Owner of the vehicle, the User who acts as a Customer, acknowledges having previously obtained the agreement of the latter. The User assumes all consequences resulting from the transmission of information concerning the Owner of the vehicle, without the latter's consent. The transmission of this information is intended to connect the Inspector and the Owner of the vehicle.
On this occasion, the Customer agrees to ask the Owner of the vehicle, if the latter has an insurance that allows the Inspector to drive the vehicle during the inspection phase. The Customer agrees to inform the Owner that as part of the inspection, the Inspector will be entitled to ask the Owner to provide him with proof of insurance authorizing him to drive before proceeding to the test. vehicle.
This information is treated confidentially and will be transmitted to the Inspector only when the Inspection Announcement is accepted.
Provided that the Ad conforms to the Terms, it will be published on the Site. WheelScanner reserves the right, in its sole discretion and without notice, not to publish or withdraw at any time an Ad that does not comply with the TOS and that would be considered detrimental to the Image and Service of WheelScanner.
5.2. Acceptance of Inspection Announcement
When the User has created an Inspector Account, he receives, via e-mails sent to his declared e-mail address, notifications informing him of the existence of an Announcement corresponding to his area of intervention (perimeter of 100 km around the coordinates addressed in his profile).
The Inspector postulates, in full freedom and under his sole responsibility, the Ads published on the Site and which correspond to his profile.
By accepting an Announcement, the Inspector agrees to:
- fully complete the Inspection Report;
- accept the price set on the Website according to the characteristics of the selected Inspection Report and service fees;
- agrees to be evaluated by the Client, as provided in Article 5.4., once the inspection service has been performed.
Once the Inspection Ad has been accepted:
- WheelScanner transmits to the Inspector the elements concerning the Owner of the vehicle, so that the Inspector can contact him.
- WheelScanner notifies the Customer that his Inspection Ad has been accepted and sends him an email.
Users acknowledge that the Inspection Report once accepted by the Customer and the Inspector, a service contract will be established between them. Users acknowledge that WheelScanner is not party to this agreement.
5.3. Execution of the Inspection Report
The Inspector undertakes to:
- contact within 24 hours of acceptance of the Ad, the Vehicle Owner to schedule an appointment;
- to go to the appointment fixed by the Owner and this by his own means;
- carry out the Vehicle Inspection according to the elements mentioned in the Inspection Report;
- conduct a driving test if this test is required in the Inspection Report;
- Complete the Inspection Report chosen by the Customer and enter a comment on the general condition of the vehicle inspected.
In any case, the Inspector undertakes to respect these Terms and more particularly the provisions present in Article 8 hereof.
5.4 The Inspector's Evaluation System by the Client
The rating (ranging from 0 to 10 stars, 10 being the best score and 0 the worst) as well as the comment (s) of the evaluation assigned by the Customer, will be displayed on the profile of the Inspector.
WheelScanner is not party to the contract between the Client and the Inspector, its responsibility can not be engaged in case of modification or bad execution of the Report.
6.1. Modalities for modifying an Inspection Report.
When the modification of an Inspection Report is possible on the Site prior to any acceptance of the Report by an Inspector, the Customer may freely modify certain details of his Inspection Report Announcement without departing from the predetermined elements.
On the other hand, once the Inspection Report has been duly accepted by an Inspector and confirmed by the Customer, no changes can be made from the Site. The Client and the Inspector are then free to contact each other by any means and to modify their commitment according to their own wishes.
6.2. Terms of cancellation of an Inspection Report and cancellation fees.
An order can be canceled under the following conditions:
Automatic Cancellation: If an Inspector has not accepted the Inspection Report request within the deadline set by the Customer, the request is automatically canceled and the Customer will be fully refunded.
-Cancellation at the request of the Client: If no Inspector has accepted the request for Inspection Report and the Customer wishes to cancel his request before the deadline he has initially set, then the Customer will be refunded his payment, deduction made of ten 10 euros for cancellation fees.
-Annulation at the request of the Inspector: When a User acting as Inspector cancels his participation in the Inspection Report and less than 1 day before the performance of his performance, the Client may decrease the evaluation of the latter on his Inspector profile on the WheelScanner website.
7.1. Rates and Service charges
The prices of the Inspection Reports in force are those mentioned on the main page of the Site on the date on which the Announcement is published.
They are distinguished according to the category of the Report chosen by the Client at the time of posting his Ad on the Site.
Each rate includes the Service charges mentioned below.
Service Fees are separate from the Inspector's Indemnity and are intended solely for use by WheelScanner in consideration of the use of the Service.
WheelScanner reserves the right to change Rates and Service Fees at any time without notice. Any modification will be the subject of a notification from WheelScanner to its Users, as well as a sending of the modified UGC if necessary according to the provisions of article 15 hereof.
7.2. Payment of the Inspection Report for Customers
The User who acts as a Customer, proceeds to the payment of the Inspection Report and the Service Fees directly and concomitantly with the posting of the Inspection Report Announcement.
The sum will be definitively cashed once the Inspection Report received by the Customer.
To confirm the payment trigger, the Client must proceed with the Inspector's evaluation and notify the validation of the report by clicking on "evaluate the inspector"
7.3. Modes of payment accepted by WheelScanner
To proceed with the payment of the Inspection Report, the User can choose between two payment methods:
- By credit card: only credit card and French visa-compatible cards and 3D Secure compatible are accepted in order to allow the provider of WheelScanner who acts in the context of secure payment processing to make the necessary checks.
- By Paypal: by using this method of payment, the User agrees to comply with the general terms and conditions of Paypal as appearing on the Paypal website.
7.4. Collection of compensation for Inspectors
Following the inspection service, the Client receives his Inspection Report completed by the Inspector.
The Client checks the composition of the Inspection Report, evaluates the Inspector and notifies WheelScanner who triggers the payment.
Users, acting as Inspectors, authorize WheelScanner to collect, on behalf of themselves and for their account, the compensation due to them in exchange for the completion of the Inspection Report, through the secure processing by the WheelScanner provider, on the www.wheelscanner.com Website.
When the Client validates the Inspection Report under the conditions described above, all the amounts due, minus the Service charges, will be credited to the "purse" of the Inspector, who can then transfer the amount to bank account from the My Wallet section.
WheelScanner may, in its sole discretion, limit or terminate the use of the Service for a User, including by deleting information posted on the Site or by terminating its access to the Service, when the User does not respect the following commitments:
In general, any User is prohibited:
- use the Service and / or the Site for professional and commercial purposes,
- to attempt to circumvent the online booking system of the Service offered by the Site, in particular by communicating or attempting to communicate to a third party its contact details in order to allow the carrying out of an inspection outside the Service and not to pay the costs on duty,
- to interfere with WheelScanner's rights and image, including its intellectual property rights,
- open more than one User account and open an account on behalf of a third party,
- to behave in a manner that is contrary to the law and / or public order and to make comments or post publications containing offensive, defamatory, obscene, pornographic, vulgar, offensive, aggressive, inappropriate, violent, threatening, harassing, racist, xenophobic, sexually suggestive, inciting hatred, violence, discrimination or hatred, encouraging the activities or the use of illegal substances or, more generally contrary to the purposes of the Service, to to violate the rights of WheelScanner or a third party contrary to morality, in particular, without this list being exhaustive, if it undermines respect for the human person or violates the intellectual property rights of third parties,
- to provide incorrect, incomplete and / or misleading information at the time of registration on the Site or when using the Site and / or the Service,
- to contact another User, in particular through the Service, for another purpose, than to define the terms of a second-hand motor vehicle inspection,
- to make a payment outside of any case provided for herein,
More particularly, the User who acts as an Inspector undertakes:
- to carry out the Inspection Report as transmitted by the Customer,
- to communicate to WheelScanner and / or the Owner and / or the Customer his driving license, as well as any document certifying his ability to drive,
- in case of impediment or delay, to inform without delay, the Customer,
- to make sure to be reachable by phone by the Customer and / or by the Owner, at the number registered in his profile on the Site,
- not to require positive evaluation from Clients and any third party to the Service,
- to wait for the Owner on the agreed meeting place at least fifteen minutes beyond the agreed time,
- to communicate to WheelScanner and / or the Owner and / or the Customer, his identity card or any document attesting to his identity,
- to inspect and draft the Inspection Report with the utmost diligence. For this, it is also committed to providing quality service by acting with seriousness and respect and by proposing a complete and correct writing.
- to accept to be evaluated following his inspection service. It is reminded that when the User, who acts as an Inspector, receives 3 negative evaluations, he / she may be evicted from the Service by WheelScanner.
Lastly, more specifically, the User who acts as a Customer undertakes:
- to provide accurate and genuine information,
- to obtain the Owner's consent before any disclosure of information and / or contact information concerning him,
- in case of cancellation, to inform the Inspector without delay,
- to be reachable on the phone number communicated for on his profile.
The Customer must make sure with the Vehicle Owner that the latter holds an insurance policy that authorizes any third party to drive his vehicle, before any implementation of the Inspection Report, which requests from the Inspector a driving test.
The Client will assume only the information transmitted to the Inspector in this case.
10.1. Access to the Site
WheelScanner endeavors to provide Users with access to the Site 24 hours a day, 7 days a week. However, the interruption, suspension or unavailability of access to the Site or the Service is possible due to maintenance operations or as a result of fortuitous event, case of force majeure and / or any event beyond the control of WheelScanner (such as an inadvertent connection to the Internet). In such cases, WheelScanner will notify Users by email.
10.2. Advertising and hypertext links
The insertion of hypertext links to any part of the Site is prohibited, except with the prior written permission of WheelScanner.
In addition, hypertext links contained on the Site may refer to other websites or other Internet sources, by any means. To the extent that WheelScanner can not control these external sites and sources, it can not be held responsible for the availability of these external sites and sources, and can not accept any responsibility for the content, advertising, products, services or any other material available on or from these external sites or sources.
In addition, WheelScanner can not be held responsible for any damage proven or alleged as a result of or in connection with the use or the fact of having trusted the contents, goods or services available on these sites or external sources. Finally, to the extent permitted by law, WheelScanner can not be held responsible if the content of said other sites violates the legal and regulatory provisions in force.
As long as he has not made any transaction via WheelScanner, the User has the possibility to exercise the right of withdrawal provided for by the Consumer Code (article L 221-16 et seq.) By revoking his registration at any time and in particular within a period of fourteen (14) days from the conclusion of the registration without the indication of reasons via a form.
However, in accordance with Article L.221-28 of the Consumer Code, the User has no right of withdrawal from the acceptance of an Inspection Report, to the extent that the contract between the User and WheeScanner consisting in the connection with another User it is deemed fully executed on the date of linking the two parties.
The User acknowledges that the Service offered by WheelScanner is a simple connecting service between individuals. WheelScanner does not verify the authenticity, truthfulness or legality of the Report requests posted on the Site.
In no event will WheelScanner be considered an agency, either as a dating site or as a consulting site.
WheelScanner undertakes to implement all the means necessary for the proper functioning of the Service and the Site. As part of this effort, WheelScanner's liability may only be incurred for direct damages suffered by the User as a result of a breach of its obligation of means.
The User therefore waives the right to seek compensation from WheelScanner for any reason whatsoever, from indirect damages such as loss of profits, loss of opportunity, commercial or financial loss, increase of overhead expenses or losses resulting from their origin. or being the consequence of the execution hereof.
As a sole middleman, WheelScanner can not be held responsible for any consequences arising from the completion of Inspection Reports by an Inspector.
For this reason in particular:
- Any User is solely responsible for the damages caused to third parties and the consequences of any claims or actions that may result from the use of the Service. The User also waives any right of recourse against WheelScanner in the case of third party proceedings against him as a result of the use and / or unlawful exploitation of the Service, in the event of loss by a User of his word. or in the event of impersonation.
- The Users acknowledge that the conduct of the Inspection between the Inspector and the Owner of the vehicle, will be their only fact and that the responsibility of WheelScanner can in no case be engaged in case of poor performance.
- WheelScanner is not responsible for the behavior of its Users before and after the execution of the Inspection Report.
- Users are solely responsible for the Inspections performed and their consequences. And more specifically, WheelScanner is not liable for any claims and / or disputes between a User and the Vehicle Owner and / or any third party involved in a Vehicle Inspection.
- WheelScanner is not responsible for the cancellation or modification of an Inspection Report by a User.
- WheelScanner is not responsible in case of non-payment of the Inspection Report and / or any fraud put in place by a User.
- WheelScanner is neither guarantor nor responsible for the accuracy of the information provided on the Site by Users (information on the identity of Users, data on the vehicle, information on the driving license of an Inspector, ...) neither the contents of the correspondence that it exchanges with other Users, nor the content of the remarks visible on the Site.
Users guarantee WheelScanner against any possible action relating to the accuracy of the information given by the User on his / her journey.
The information, announcements, messages exchanged as well as the rest of the content published by the User on the Site are the sole responsibility of the User.
13.1. Personal data and purpose of processing
The information and the policy relating to the personal data appearing below are also reproduced in a specific heading directly accessible by the Users at the bottom of the home page of the Site via a dedicated tab denominated "Confidentiality charter".
In accordance with the Data Protection Act, the processing of personal data has been declared to the Commission Nationale Informatique et Libertés (hereinafter "CNIL"). This declaration sets the conditions for the collection and processing of these data.
Users are informed that the information they provide when registering for the Service and generally for any use of the Service on the Site is for WheelScanner.
These data are used for the following purposes:
- Management of the Ads platform
- User Relationship Management
- Improvement of services
- Business development
The person responsible for the processing of personal data is WheelScanner.
Data collected directly or indirectly by WheelScanner is required for the treatments mentioned above.
Users are informed that the information they provide at the time of their subscription to the Service and generally for any use of the Service on the Site are stored on the servers of Amazon Web Services, hosted by a specialized provider and hosted in France, during the entire period of use of the Service.
Online payment information is stored by the Amazon Web Services provider, who implements all appropriate technical and organizational measures to ensure the security of the stored data.
WheelScanner and, where applicable, its partners, subcontractors or service providers are required to maintain confidentiality.
The choice by the User to receive commercial prospecting emails is in all cases subject to his express and prior agreement by means of a corresponding checkbox accessible on the Site.
In accordance with the "Informatique et Libertés" Law n ° 78-17 of January 6, 1978, the User has the right to access, rectify, modify and delete personal data concerning him.
The User can exercise this right by contacting us via the form on the homepage.
For unsubscription to commercial prospecting emails, the right of opposition can also be exercised: - By clicking on the link at the bottom of the emails "To no longer receive messages from us, just click here" .
This request is instantly taken into account by a robot and is confirmed by an HTML page containing the unregistered address. If this page is not displayed, the request may not be taken into account. The user is then invited to perform the operation again.
The navigation on the Site www.wheelscanner.com may lead to the implementation of "cookies".
A cookie is a small file, which does not allow the identification of the User, but which records information relating to the navigation of a terminal on a site or a mobile application. The data thus obtained are intended to facilitate subsequent navigation on the Site, and are also intended to allow various measures of attendance.
Thus, when Users connect to the Site, the servers automatically record information on how Users use the Service through the activity of their account (number of connections, type of browser used, IP address, pages visited, etc. .).
However, a cookie can not be used to read information contained in the files of the user's computer and / or the user.
The User is however informed that most Internet browsers allow to oppose the registration of cookies, to receive a warning message before a cookie is copied, or to delete cookies from his hard drive. The User must, to find out more about these functions, refer to the instructions of his browser.
However, if the User objects to the installation of cookies or proceeds to their removal, the use of the Site may be altered or impossible.
In the case where the Internet user and / or the User decides to leave the "cookies" active, he makes sure of his disconnection to the Internet when he shares a computer with other people.
The personal information of Internet users and / or Users are not used by these analysis software.
You can go to http://tools.google.com/dlpage/gaoptout to object to Google Analytics cookies being installed on your device.
13.3. Shelf life of collected data
The personal data and information used in connection with the use of the Service are kept for 12 months.
The personal data and information used in the context of the commercial prospection are kept for 12 months.
Finally, any information that Users may transmit to WheelScanner and exchanges between any User and WheelScanner, by email or any other means of communication, are used for 12 months and may be kept in the systems, in compliance with the law Informatique et Libertés and the CNIL declaration, in order to answer Users' questions, process their requests and improve the Service.
The Internet User and / or the User is prohibited from infringing the rights of intellectual property (copyright, neighboring rights, sui generis right of the producer of databases, trademark law, domain names ...) of WheelScanner and / or any third party.
The same applies to the distinctive signs of third parties who are protected by the regulations in force.
The User acknowledges that the graphic, textual, topographic, graphic, logo and denomination elements present on the Site are protected by copyright, and if applicable, trademark law or any other rights of copyright. intellectual property, WheelScanner being the sole owner. The User has only a right of personal and non-exclusive use of the Site for the purpose, exclusively, of online consultation.
Any reproduction, representation or distribution of all or part of the Site, by any means whatsoever and on any medium whatsoever, without the express prior written consent of WheelScanner, is strictly prohibited and may be subject to prosecution judicial proceedings, as well as any extraction, reproduction or reuse of all or part qualitatively or quantitatively substantial or not the content of the databases relating to the Site.
They are applicable throughout the duration of the Website.
Due to the innovative nature of the technology and the Service, WheelScanner may be required to modify these Terms.
In this case, WheelScanner undertakes to notify the User in advance of the new version of the GTU by email or any other durable medium made available to him, so that the User may accept them.
The WheelScanner Service User has a period of one (1) month from notification to terminate the contract. In the absence of denunciation by the User of the Service, within this period, the latter is deemed to have accepted the modified General Conditions.
Except as otherwise provided in these Terms and Conditions or mandatory laws and without prejudice to other causes of exclusion or limitation of liability herein, WheelScanner shall not be held liable for any damage caused by force majeure. .
Are deemed to constitute a case of force majeure or an event out of his control, including, but not limited to: a power failure, fire or flood, the strike of his staff or one of his sub- dealing or suppliers, war, unrest, riot or occupation of the territory by foreign forces, negligence of a third party in the sense of jurisprudence and doctrine such as those responsible for the delivery of electricity or telecommunication services.
17.1 Independence of the Parties
WheelScanner and Users are independent parties, each acting on their behalf and / or their own account. These Terms therefore do not create any relationship of subordination, agency, mandate, joint venture, joint venture, employer / employee relationship or franchisor between WheelScanner on the one hand and the User on the other hand.
17.2 Non-professional and non-commercial purpose of the WheelScanner Service
It is expressly recognized by the Users and Internet Users that WheelScanner offers a Service for connecting individuals. The Service offered by WheelScanner is not intended for any commercial or professional purpose.
17.3 Users' Tax and Legal Obligations
Thus, any User of the Service undertakes under his own responsibility to declare the indemnities received as "additional income" in his tax return and is prohibited from using the Site and the Service as a means to circumvent the legal prohibition provided for by Article L.8221-1 of the Labor Code, providing principally that work totally and partially concealed is prohibited.WheelScanner will in no way be held liable for a breach by a User in his declarative obligations.