The 2ndMove website (“2ndMove Website”) is provided by Europcar International SASU, headquartered at Bat OP, 2, rue René Caudron, 78960 Voisins-le-Bretonneux, France (hereinafter “Europcar”). The person responsible for publication is Mr. Marcus Bernhardt, Group Chief Commercial Officer, Europcar.
 

1. Acceptance of the Terms of Use:

Please read these Terms of Use carefully before using the 2ndMove Website or making a reservation or purchase* on the 2ndMove Website. The Terms of Use can be accessed via the hyperlink on the footer of each page of the 2ndMove Website. You are advised to print them out and keep a copy.

Use of the 2ndMove Website implies acceptance without reserve of these Terms of Use, which include our Privacy policy. These Terms of Use are in addition to the special conditions which apply to each type of product or service offered on the 2ndMove Website.

These Terms of Use apply at the date and time you access the 2ndMove Website or any services provided through it. You are therefore advised to check the current version each time you visit the 2ndMove Website as certain modifications may be made without notice.

2. Presentation of the 2ndMove Website:
 

The 2ndMove Website is a web platform which allows the reservation or the purchase*, depending on the user’s profile, of a wide selection of used vehicles across our (6) corporate markets in Europe (France, Germany, Italy, Portugal, Spain & the UK (excluding Northern Ireland)).

Whilst we endeavour that the 2ndMove Website is available 24 hours a day, 7 days a week, due to the nature of the internet we cannot guarantee this.

These vehicles are offered in our website with:
 

• Comprehensive vehicle description
• Independent condition report provided by vehicle appraisal experts, Dekra
• Photographs of the actual vehicles
• Full documentation with service history
• Without vehicle tax
• With delivery services (if be available and at an additional cost to be agreed, please contact our sales centres for confirmation)

3. Use:

By using the 2ndMove Website, you agree that you will:
 

• not use the 2ndMove Website for any illegal, unlawful or fraudulent purpose, in particular you will not use it in any way that breaches any applicable local, national or international law or regulation;
• not to use the 2ndMove Website in any way which may damage the rights of Europcar or any of its affiliated parties, and in particular, not to use the 2ndMove Website to distribute damaging, illegal or otherwise unlawful information, or information that is distasteful, discriminatory or offensive towards Europcar or any third party;
• not to interfere with, disrupt access to or damage the 2ndMove Website, Europcar’s computer systems or software (or those of a third party), or to modify the 2ndMove Website;
• not to use the 2ndMove Website to knowingly transmit any data, send or upload any material that contains computer viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code, or to conduct or facilitate hacking attacks or commit misdemeanours likely to be qualified as computer crimes;
• not to infringe any patent, trade mark, trade secret, copyright, design, database right or other intellectual property rights of any party or entity;
• not to impersonate any person or entity, including, but not limited to, a 2ndMove official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• to keep secret and confidential any user identification code, password or any other piece of information that you choose, or you are provided with, as part of Europcar’s website security procedures. You must not disclose such information to any third party. Europcar reserves the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in its opinion you have failed to comply with any of the provisions of these terms of use; and
• to comply with these general conditions of use.

If you do not comply with these obligations, Europcar reserves the right to immediately prohibit and block access to the 2ndMove Website and to its network without any legal responsibility to you.

You shall be liable for all types of damages that Europcar might suffer, directly or indirectly, as a result of non-compliance with any of the obligations under these Terms of Use or the law in relation to the use of the 2ndMove Website.

4. Information on the Site:

While Europcar has made its best efforts to ensure that the information contained in the 2ndMove Website is correct at the time of going live, Europcar cannot be held responsible for any errors or omissions or any information which may be incomplete, inaccurate or may have become out of date.

5. « My 2ndMove » Account:

5.1. Online Registration:

To use all the features of the 2ndMove Website you must register first. Please read the Privacy policy to understand how we use your Personal Information. Without a "My 2ndMove" account, you can not make a reservation or purchase a vehicle*, receive alerts, make comparison between several vehicles and / or contact us for information on a / vehicle (s). Without a "My 2ndMove" account, you can not make a reservation or purchase a vehicle (professional user only), receive alerts, make comparison between several vehicles and / or contact us for information on a / vehicle (s).

Nevertheless, it is possible to access the records and a description of the vehicles on the 2ndMove Website without prior online registration.

Registration to the 2ndMove platform is free of charge.

The registration to the 2ndMove Website is made within an online form at Register.

5.1.1. User Profiles « My 2ndMove »

Any user wishing to sign up must complete all required fields on the form that correspond to the different stages of signing up.

You must first choose your profile and indicate whether you are signing up as a:
 

• Individual** 
• Employee of the Group Europcar** 
• Professional Corporate Entity 
• Partner of the Group Europcar**

5.1.2. Contact details of « My 2ndMove » account

You must specify during sign-up your contact details and a personal password.

Therefore:
 

• If you are a natural person (as opposed to a corporation)**: Your name, address, e-mail address and telephone number. 
• If you are a corporation: your corporate name, business address, telephone number, e-mails address, activity and VAT number.

Each user shall ensure that the filled-in data are accurate and complete as of the sign-up date.

5.2. Use of « My 2ndMove » Account

In order to protect the confidentiality and security of the 2ndMove Website, you must ensure the confidentiality of your username and password. In this regard, you should not share your username and / or password with anyone. If you are a Professional each user must register to obtain their own User Name and password.

It is up to you to protect the confidentiality and security of your username and password. If you discover that your username and password have been used by another person, you shall notify Europcar immediately.

You are legally responsible for all actions effected on the 2ndMove Website under your username and password. Should you forget or lose your password or if you cannot access to your account, you should notify Europcar using the appropriate function on the 2ndMove Website by filling in the contact form on the 2ndMove welcome page. A new password will then be sent to you via your registered email address. We recommend that you change your password regularly to ensure it greater security.
 

5.3. Suspension or interruption of « My 2ndMove» professional Account :

When you are registered as a professional, your account can be blocked for one of the following reasons: (i) failure to provide required legal information requested at registration, (ii) vehicles ordered that have not been paid.

Please contact the local team in charge of your company for more information and to reactivate your account.
 

Features of « My 2ndMove» account:

Depending on the selected profile during registration, you will have different features:

5.3.1. Features of « My 2ndMove» Individual** or Employee of the Europcar Group** or Partner of the Europcar Group** account:

When you are registered as an individual** or an employee of the Europcar Group** or a partner of the Europcar Group** you will be able to:
 

• Update your personal information.
• Save some vehicles in your wish list.
• Compare vehicles.
• Create alert agents (if the vehicle you are looking for is not in stock, you can set an alert agent that will automatically notify you once the requested vehicle is available).
• Save your searches.
• Reserve a vehicle for a short period of time in order to visit us to view and test drive the vehicle.

5.3.2. Features of « My 2ndMove» professional account:

When you are registered as a Professional you will be able to:
 

• Update your personal information.
• Follow-up your auctions and buy-now purchases (subject to Terms and conditions of purchase).
• Save some vehicles in your wish list.
• Create alert agents (if the vehicle you are looking for is not in stock, you can set an alert agent that will automatically notify you once the requested vehicle will be available).
• Save your searches.
• Buy vehicles at fixed price or in an auction (subject to Terms and conditions of purchase)

 

 

6. Intellectual and Industrial Property Rights

 

The 2ndMove Website is protected by copyright and other international intellectual property laws.

The entire content of the 2ndMove Website, which shall be deemed to include, without limitation, texts, photographs, graphics, images, icons, technology, software, links, domain names, brands and other audio visual or sound contents, as well as their graphic design and source codes (hereinafter referred to as the “Content”), shall belong exclusively to Europcar or third parties, whose rights, where appropriate, are recognised by Europcar, and shall be protected by intellectual and industrial property rights under national and international legislation.

The name “2ndMove” and other Europcar trade marks, logos or graphics displayed on the 2ndMove Website are registered trade marks of Europcar or its affiliates.

Other company and product or service names displayed on the 2ndMove Website may be the trade marks of their respective owners. Any use of any of the aforesaid trade marks is prohibited without the prior express written consent of the rights holders..

You can use the 2ndMove Website in order to access the information contained on it and to order the products and services we offer, otherwise, any reproduction and/or representation in whole or in part of the 2ndMove Website, in any medium and by any means whatsoever for any other purposes, is strictly prohibited without the prior express written authorisation of Europcar.
You are not granted any right or license to use any trade marks or other intellectual property rights and you therefore agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the content of the 2ndMove Website and/or the products and services offered on the 2ndMove Website in whole or in part.

Any breach of any of the intellectual property rights listed above may constitute a breach of these terms of use and may be qualified as a counterfeiting offence punishable in Law.

7. Database protection

Under the laws applicable to the 2ndMove Website, and in particular Directive 96/9/EC of the European Parliament and the Council of 11 March 1996 on the legal protection of databases and national applicable laws, you expressly and irrevocably agree that the 2ndMove Website, and any services provided within the 2ndMove Website, are composed of one or more databases provided by Europcar in its capacity as a database producer.

Without prejudice to any other rights Europcar may have in the 2ndMove Website, such as the protection of copyright material or any other right over the database or any of its component elements, you expressly undertake to refrain from:
 

• extracting, by the permanent or temporary transfer of all or a substantial part, either qualitatively or quantitatively, of the contents of one or more of the databases available on the 2ndMove Website and/or the services provided, regardless of the method of extraction;
• reusing, by making available to the public all or a substantial part, either qualitatively or quantitatively, the contents of one or more of the databases available on the 2ndMove Website, in any form whatsoever;
• creating, editing, maintaining updating, importing, exporting, divulging or compiling a competing database comprising all or part of one or more of the databases produced and held by Europcar; and
• displaying on a screen or other media processes which are the same as or similar to those used by Europcar on and in the 2ndMove Website.

More generally, any extraction, use, storage, reproduction, representation or conservation, whether direct or indirect, partial or total, including temporary buffer or qualitatively or quantitatively substantial part of the contents of one or more databases held by Europcar, committed by one of the processes mentioned above is strictly prohibited, including media not authorised by Europcar.

8. Links

8.1. Links to the 2ndMove Website – Inbound Links

Third parties are not authorised to introduce links from their own websites to the Website without the express consent of Europcar.

In the event that a third party is authorised to use the link www.2ndmove.eu such use shall be made in compliance with the limits and for the purposes contained in the actual authorisation.

In such case, Europcar shall be able to request, at any time and without having to give reasons for the request, that any link to the 2ndMove Website is removed, after which the person responsible for the website offering the link shall remove the link immediately.

8.2. Links to third parties website – Outbound Links

There are several places throughout the 2ndMove Website that may link you to the other websites.

Europcar provides these links to third party websites for your information only. Europcar has no control over the contents of those websites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

When you click through to these websites, 2ndMove’s Privacy Policy no longer applies. We recommend that you examine the privacy statements for all third party websites to understand their procedures for collecting, using and disclosing your information.

In the event that you consider that there is a linked site with illicit or inappropriate contents, you may report this to Europcar by writing to the contact address indicated in the first paragraph of these Terms of Use indicating: (a) your name, address, telephone number and e-mail address; (b) description of the events that reveal the illicit and inappropriate nature of the linked site; and (c) an express statement that the information contained in the communication is accurate.

In no event shall this notification create an obligation upon Europcar to remove the relevant link, however we will investigate the matter further.

9. Disclaimer of warranty:

Europcar reserves the right to interrupt the access to the Website and the supply of any or all of the Contents available through the same at any time and without prior notice, due to technical, security or maintenance reasons, power cuts or any other justified cause.

Your use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis.

Neither Europcar nor any of Europcar’s affiliates make any warranty or representation that:
 

• the Website will meet your requirements,
• the Website will be uninterrupted, timely, secure, error-free,
• the results that may be obtained from the use of the Website will be accurate or reliable,
• the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, or that any errors will be corrected.

You will be solely responsible for any damage to your computer system or loss of data resulting from the use of the Website.

Neither of the advice or information, whether oral or written, obtained by you from Europcar through or from the Website will create any warranty or other obligation not expressly stated in the relevant Terms and conditions of reservation** or Terms and conditions of purchase*.

Although reasonable precautions are taken to protect the security and safety of the wireless internet and network access, Europcar cannot guarantee that the use of a wireless connection will be secure. Accordingly, you agree to use such services at your own discretion and to support the risk and already acknowledge that you are solely responsible for any damage to your computer system or loss of data that results.

To the fullest extent permitted by applicable law and subject to clause 11 below, Europcar expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied warranty of merchantability, performance, or fitness for use for a particular purpose, and any warranty to use standard reasonable skill and care in performing or providing the service or to non-infringement of any intellectual property right.
 

10. Limitation of Liability (limits on Europcar’s legal responsibilities)

Some jurisdictions do not allow the exclusion of certain warranties of the limitation or exclusion of liability (legal responsibility) for certain damages. Accordingly, some of the limitations set out in article 10 above and this article do not apply.

In particular, nothing in these Terms of Use will affect the statutory rights of any consumer, exclude or restrict any liability for death or personal injury arising from the negligence or fraud or fraudulent misrepresentation of Europcar (i.e. if we have deliberately told you something which is untrue which has caused you to use the 2ndMove Website).

You expressly acknowledge and agree that Europcar, its officers, directors, and employees will not be legally responsible for any direct loss; indirect, incidental, special or consequential loss; business loss; exemplary damages or loss of profits, goodwill, use, data or other intangible losses (in each case even if Europcar has been advised of the possibility of such damages), resulting from use of the 2ndMove Website.

You expressly acknowledge and agree that Europcar will not be legally responsible for:
 

• the use or the inability to use the 2ndMove Website;
• the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the 2ndMove Website;
• unauthorised access to or alteration of your transmission or data;
• Statements or conduct of any third party on the 2ndMove Website.

Europcar will make its best efforts, to the extent possible, to update and correct the information hosted by the 2ndMove Website which does not comply with a minimum guarantee of accuracy. However, it will not be held liable in respect of any information that are not updated or corrected and any content or information removed from the Web Site 2ndMove.

11. Privacy Policy

The terms of the Europcar Privacy policy are incorporated into these Terms of Use. You agree to the use of personal information by Europcar, within the 2ndMove Website in accordance with the terms of and for the purposes set out in Europcar Privacy Policy <hyperlink> which apply to the 2ndMove Website. You shall read and accept the terms of such Privacy Policy before providing your personal information to Europcar.
 

12. Security Policy

The 2ndMove Website uses secure technology in order to safeguard personal information and financial transactions. The 2ndMove Website complies with the procedures and security standards as further set out in the Europcar Security Policy Privacy policy.
 

13. General

Any failure by Europcar to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
 

14. Contact

If you have questions about our Terms of Use, please contact us Legal mentions.
 

15. Applicable law and Competent Court

The French Courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the 2ndMove Website although Europcar retains the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of, or in connection with, them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of France.


* Online purchase is only available to corporate customers. If you are purchasing as a consumer then you may book a reservation to view a vehicle online only. All consumer purchases must be made in person.
** You may book a reservation to view a vehicle online only. All consumer purchases must in made in person