Draft: have this reviewed by a lawyer before the site goes live
This is a template text. Details in [square brackets] still need to be filled in. No rights can be derived from this text yet.
These terms apply to everyone who uses Sell Your Car: sellers, buyers and dealers. They make sure everyone trades under the same rules.
1. About these terms
These terms of use apply to everyone who uses sellyourcar.nl. Sell Your Car is an online platform of [registered name], Chamber of Commerce (KvK) number [number], [address]. In these terms:
- Platform means the Sell Your Car website and services.
- Seller means anyone offering a car through a listing, a dealer bid or an auction.
- Buyer or bidder means anyone responding to or bidding on a car; this can be a private buyer (consumer) or a dealer (car business).
- Auction means a sale in which bidders bid against each other within a fixed time.
- Deposit means the refundable amount a private bidder pays before bidding.
- Escrow account means the account of [escrow partner] that holds the purchase price until the handover is complete.
2. Account and verification
- You need an account to list a car or to bid. You provide accurate details and keep your login secret.
- Private bidders verify their identity. Dealers can bid only after a check of their KvK registration and RDW recognition.
- We may refuse, restrict or close an account in case of misuse, fraud or breach of these terms.
3. Valuation and tools
The valuation and the calculators give an indication based on public data and rates. No rights can be derived from the result. The final price is agreed between buyer and seller.
4. Listings
- You only offer a car that is yours or that you are authorised to sell.
- You describe the car truthfully, including known defects and damage. You don't conceal anything a buyer can reasonably expect to know.
- Photos show the car on offer and are current.
- We may refuse, edit or remove listings that are misleading or that breach the law or these terms.
5. Owner reviews and moderation
- You can share your review of a new car. You write only about your own experience with that car and follow the guidelines shown with the form (no names, phone numbers, email addresses, number plates or links; no insults, discrimination or claims you cannot back up; no advertising).
- You confirm your review through a link in an email. A member of our team then reads it and checks it against the guidelines. We use no automated software for this. If it follows the guidelines we publish it, positive or negative. We do not edit your text.
- We do not verify that you really own or lease the car; each review says this is self-declared. Nobody gets a reward for a review.
- If we do not publish your review, or remove it later, you get an email with the decision, the reason, the guideline it rests on and what you can do about it. Complaining is free of charge, up to 6 months after the decision, through the contact form.
- Anyone can report a review with its Report button (report content). A member of staff decides on a report; you can complain about that decision through appeal, use a certified out-of-court dispute settlement body (article 21 Digital Services Act) or go to court.
6. Auctions and bidding rules
In Sell Your Car auctions, dealers and private buyers bid against each other (mixed auction), unless the auction states it is for dealers only.
- Verified bidders. Only bidders with a verified account can bid.
- Binding bids. A bid is binding. You cannot withdraw a bid unless the law allows it or the description of the car changes materially.
- Maximum bid. If you set a maximum bid, the system bids for you automatically, by the bid increment, up to your maximum.
- Reserve price. The seller may set a minimum price. Bidders only see whether it has been met, not the amount. If the reserve is met, the highest bidder is the buyer. If the highest bid stays below it, the seller decides within [period] whether to sell at that bid.
- Soft close. If a bid comes in just before the end, the auction is extended by 3 minutes.
- No shill bidding. Sellers, and anyone acting on their behalf or in concert with them, may not bid on their own car. In case of a breach we close the account and may declare the auction void.
- Transparency. Every bid shows whether it comes from a dealer or a private buyer. Bidders are shown under a pseudonym.
7. Deposit
- Private bidders pay a deposit before bidding of €250 or 2% of their bid, capped at €500. The auction page shows which amount applies.
- If you don't win, or no sale follows, the deposit is refunded within [period].
- If you win, the deposit is [offset against the purchase price / refunded after payment].
- If you win and don't pay on time, [the deposit is forfeited in full or in part as compensation for the seller and the platform — have this reviewed legally].
8. Payment through escrow
- The winner of an auction pays the purchase price into the escrow account within 48 hours.
- The money goes to the seller once the handover is complete: the car has been transferred at the RDW and keys and papers have been handed over.
- Never pay outside the platform or to a different account number.
- Since 1 January 2026 car dealers may not make or accept cash payments of €3,000 or more.
9. Handover and ownership transfer
Buyer and seller transfer the car together at the RDW. This costs €13.10 (2026); the buyer usually pays. The buyer makes sure the car has at least third-party (WA) insurance from the moment of transfer. The seller keeps the indemnity certificate (vrijwaringsbewijs).
10. Fees
During the pilot, consumers (private sellers and buyers) pay no fees to Sell Your Car. This covers valuations, listings, auctions and tools. Third-party costs, such as the RDW transfer fee or a pre-purchase inspection, are paid by you. Dealers pay [the rates in the dealer agreement]. We announce any fee changes at least [period] in advance.
11. Liability
- Sell Your Car is a platform and not a party to the sale contract between buyer and seller.
- If you buy from a dealer, you keep your statutory consumer rights, such as the right to a car that conforms to the contract (Art. 7:17 Dutch Civil Code).
- We do our best to keep the site accurate and available, but we do not guarantee that third-party data, such as RDW data, is always correct.
- Our liability is limited to [amount or description], except in case of intent or gross negligence.
12. Complaints and disputes
If you have a complaint, email [email protected]. We respond within [period]. A dispute with a BOVAG member can be submitted to the Geschillencommissie Voertuigen (Vehicle Disputes Committee). Dutch law applies to these terms. Disputes go to the competent court in [city], unless the law provides otherwise.
13. Changes
We may change these terms. The date at the top shows when they last changed. We announce significant changes in advance. Running auctions are completed under the terms that applied when they started.
See also: Privacy statement · Our fairness rules · [email protected]