Copyright © 2021. All rights reserved.
Terms & Conditions
Article 1. Scope of application
These general terms and conditions of sale (hereinafter the "General Terms and Conditions") apply to orders placed for delivery in Europe including French overseas departments and territories (the "Territory") by GLB CAMPING SARL, a limited liability company registered under SIREN number 822221321, which has been in business for 7 years and is headquartered in MAXEVILLE (54320), specializing in the trade of cars and light motor vehicles, as well as ancillary products and/or services (hereinafter the "Products" or "Services") listed on the website https://glbcamping.com/ (hereinafter referred to as the "Site"), excluding any services or software, to any final sale consumer customer (hereinafter referred to as the "Customer"). The present stipulations take precedence over any previous proposals or agreements, as well as over any other communications relating to the sales transaction in question. In the event that any of the provisions hereof should be deemed or declared null and void or unwritten, the other provisions shall remain in full force and effect.
These General Terms and Conditions of Sale apply to Orders placed for delivery in Metropolitan France excluding Corsica (the "Territory").
Article 2. Enforceability of the General Terms and Conditions of Sale
These General Conditions are enforceable in their entirety against the Customer, in particular with regard to the rates and conditions of sale of Vehicles, Products and Services by their communication in writing by GLB CAMPING, including on the back or as an appendix to any document by GLB CAMPING to the Customer, such as offers, quotations or order forms or by simple reference, provided that these documents include an express statement by which the Customer acknowledges having read the General Conditions and indicating the place where these General Conditions are reproduced (back, appendix, attachment, etc.).).
It is further specified that the latest version of the General Terms and Conditions will be deemed to have been communicated when GLB CAMPING publishes the current General Terms and Conditions on the Website, enabling the Customer to access them at any time, subject to mentioning online availability and the Website address on the order form or in any correspondence, and, in particular, to include in e-mails a footer mentioning the address of the website to which the General Terms and Conditions can be accessed when the Customer or, in the case of an online order on the Website, when the Customer ticks a box provided for this purpose in the computerized ordering process, thereby accepting, after the General Terms and Conditions have been displayed, to be subject to the latest version of the General Terms and Conditions in force.
The Customer declares that he/she has read and understood the present General Terms and Conditions of Sale, after viewing a window containing the said General Terms and Conditions of Sale, which will have enabled the Customer to read them, and before validating the order in accordance with the procedures defined in article 6. Validation of the order therefore implies unreserved acceptance of these General Terms and Conditions of Sale.
GLB CAMPING may modify the present Conditions at any time, it being specified that only the Conditions in force on the day GLB CAMPING registers the Customer's order are applicable. Any modification to the Conditions proposed by the Customer will be unenforceable against GLB CAMPING.
Article 3. Customer information
3a. General framework and customer information
In accordance with Articles L. 111-1 and L. 111-4 of the French Consumer Code, the essential characteristics and prices of the Vehicles, Products and Services offered for sale on the Site are available on the Site.
GLB CAMPING also communicates to the consumer information relating to its identity, postal, telephone and electronic contact details and its activities, as well as information relating to legal guarantees, the functionalities of digital content and, where applicable, its interoperability, the existence and terms of implementation of guarantees and other contractual conditions, in accordance with articles R. 111-1 and R. 111-2 of the French Consumer Code.
In addition, the Customer receives, on a durable medium, the information provided for in Articles L. 221-5 et seq. and L. 221-11 of the French Consumer Code, prior to and subsequent to the conclusion of the sale, and in particular by means of these General Terms and Conditions of Sale, namely :
Article L221-5 of the French Consumer Code
"Prior to the conclusion of a contract for the sale or supply of services, the trader shall provide the consumer with the following information in a legible and comprehensible manner:
1° The information specified in articles L. 111-1 and L. 111-2 ;
2° Where the right of withdrawal exists, the conditions, timeframe and procedures for exercising this right, as well as the standard withdrawal form, the presentation conditions and details of which are laid down by decree in the Conseil d'Etat ;
3° Where applicable, the fact that the consumer bears the cost of returning the goods in the event of withdrawal and, for distance contracts, the cost of returning the goods when, due to their nature, they cannot normally be returned by post;
4° Information on the consumer's obligation to pay a fee when exercising his right to withdraw from a contract for the provision of services, water distribution, gas or electricity supply and subscription to a district heating network, the performance of which he has expressly requested before the end of the withdrawal period; this fee is calculated according to the methods set out in article L. 221-25 ;
5° Where the right of withdrawal cannot be exercised pursuant to Article L. 221-28, information to the effect that the consumer does not benefit from this right or, where applicable, the circumstances in which the consumer loses his right of withdrawal;
6° Information relating to the professional's contact details, where applicable the costs of using the distance communication technique, the existence of codes of good conduct, where applicable deposits and guarantees, cancellation procedures, methods of settling disputes and other contractual conditions, the list and content of which are laid down by decree by the Conseil d'Etat.
In the case of a sale by public auction as defined by the first paragraph of article L. 321-3 of the French Commercial Code, the information relating to the identity and postal, telephone and electronic contact details of the professional provided for in 4° of article L. 111-1 may be replaced by those of the agent."
In particular, the Site will present for each Vehicle a detailed sheet containing information on the vehicle and its characteristics, in accordance, in particular, with Decree n°78-993 of October 4, 1978 for the application of the law of August 1, 1905 on frauds and falsifications with regard to products or services concerning motor vehicles, as amended, as well as the decree of June 28, 2000 relating to consumer information and price advertising of motor vehicles.
In addition to describing the normal condition of the Vehicle in relation to its mileage, the Site will also present in each Vehicle's file the impacts, shocks or other defects and damage of each Vehicle. These elements will serve as a reference for the inventory of fixtures to be carried out at the time of delivery.
The Customer acknowledges having been informed that the purchase of Vehicles through the Site does not allow the Customer to view the Vehicles, other than through the Site, nor to test-drive the Vehicles. The Customer acknowledges having been informed that the visuals used to illustrate commercial proposals are not contractual.
Article 4. Creating an account
In order to reserve or order a Vehicle on the Site, the Customer must open a customer account.
The information requested from the Customer when creating an account and subsequently when using the Site is necessary for the blocking, reservation and sale of Vehicles, Products or Services, or for any financing requests that may be made via the Site. When creating an account, the Customer consents to the use of the data thus entered on the Site.
Article 5. Reserving a vehicle
Any customer may reserve a vehicle offered on the Site or on our Facebook page, subject to :
- to accept the present general conditions of sale,
- to have provided the information required for the order (as specified in article 6).
- To have paid the booking fee via the site's online payment module or by instant bank transfer. The booking fee is €2500 for motorhomes and campers, €1500 for vans.
It is important to note that payment of the reservation fee triggers the order procedure by issuing a purchase order. No purchase order will be issued to the customer without payment of the reservation fee.
Each Customer may only reserve one vehicle at a time. The same vehicle may not be reserved more than once by the Customer or on behalf of the same Customer. The blocking period for a vehicle is forty-eight (48) hours from validation of the online payment.
If the Customer does not place an order for this vehicle within this 48-hour period, the vehicle will again be offered for sale to all persons and the reservation fees paid will be refunded to the Customer.
In the event of repeated reservations on behalf of the same customer, the customer is informed that GLB CAMPING reserves the right to cancel a reservation without prior notice, without this giving rise to any right on the part of the customer to the vehicle whose reservation has been cancelled. In this case, GLB CAMPING undertakes to inform the customer by e-mail of the cancellation of the reservation and to reimburse the customer on the day of the cancellation.
Article 6. Ordering a vehicle
As with any remote order for goods, please note that our company cannot undertake to deliver a car with all the necessary documents without a financial guarantee from the customer. To this end, to order a car and have it delivered, the customer must accept and be able to pay by bank transfer an order deposit in accordance with these general terms and conditions (GTC).
In summary, in order to place an order for a vehicle on the Site or on the Facebook page, the customer must complete the following steps:
1- Provide identification details, including status (private individual, merchant, company, association, etc.), title, surname, first name, e-mail address, home telephone number (optional), mobile telephone number (mandatory), address, zip code, town, country and a copy of both sides of a valid identity document.
2- Reserve the vehicle, proceeding as indicated in article 5 above to trigger the order procedure.
3- Sign the order form electronically: once the vehicle reservation fee has been paid, an order form will be sent by e-mail to the signed customer. The customer must sign the order form and return a copy of the signed version.
4- Pay the order deposit, because to definitively validate an order, the customer must pay an order deposit when signing the order form. The minimum order deposit is 30 %. However, customers are automatically entitled to a 10 % or 20 % discount if they choose to pay the 50 % or 100 % order deposit respectively, not forgetting the extension of the trial period to 30 days.
5- Track your order: as soon as we receive payment of the order deposit, our teams assign the courier. The customer is then contacted to confirm the appointment for the final delivery of his vehicle, not forgetting the tracking code which will be communicated to him to enable him to follow his delivery in real time.
Article 7. Order - Price - Payment terms
All orders will only be fulfilled once the Customer has signed and GLB CAMPING has received the order form sent to the Customer by GLB CAMPING, accompanied by all supporting documents that may be requested in the order form.
The order form will contain all the information required by the laws and regulations in force. The prices applicable to any order will be those shown in the Vehicle data sheet in force on the day the order is placed. Prices are expressed in euros, inclusive of all taxes, including, but not limited to, all customs duties, taxes, fees or contributions, as well as all costs or charges, such as, but not limited to, transport costs, which remain the responsibility of the customer.
The amount of delivery charges depends on the place and method of delivery of the Vehicles chosen by the customer. The amount of the delivery charges is indicated to the customer before the final validation of the order.
The order form will indicate the price to be paid inclusive of all taxes and will detail the various elements making up this price, such as the price of the Vehicle, of each of the Products and Services ordered, the fixed costs of registration of the Vehicle by GLB CAMPING as well as the duties due according to the department of registration chosen, the transport costs according to the delivery methods chosen, after deduction of the sums already paid at the time of reservation of the Vehicle.
The procedures for transmitting and signing the Purchase Order will be as follows:
- In the case of an order without a financing request, whether or not it includes the trade-in of a customer's old vehicle, the order form will be generated electronically and can be signed electronically by the customer, or printed out and returned by e-mail, WhatsApp or Messenger;
The sale will only take place on condition that GLB CAMPING has received the full amount of the order deposit to be paid, as shown on the order form, and has received all the documents requested by GLB CAMPING. In the absence of receipt of all these documents and the price within 48 hours of receipt of the signed order form, the order will lapse and the vehicle may be sold to any other person.
Payment of the booking fee can be made either by credit card or by instant bank transfer. In view of the card payment restrictions of certain European banks, our company reserves the right to require payment of the booking fee by instant bank transfer if payment by credit card fails.
In accordance with article L.132-2 of the French Monetary and Financial Code, the commitment to pay by credit card is irrevocable. By providing his/her credit card details, the customer authorizes GLB CAMPING to debit his/her credit card for the amount corresponding to the price of the order.
In the event that it is impossible to debit the price of the sums paid online to reserve a vehicle, the Vehicle cannot be reserved.
Payment of the order deposit must be made by immediate or instantaneous bank transfer to the account of the customer's order agent, whose details will appear on the order form; the object of the transfer will be the order number or a specific reason required by GLB CAMPING.
GLB CAMPING reserves the right to suspend the execution of any order in the event that the customer has not fulfilled all or part of its obligations hereunder, until the customer has effectively remedied its non-performance.
Article 8. Deliveries
When reserving the Vehicle, the Customer may indicate a desired delivery date or period. A provisional maximum delivery date will be indicated on the order form, subject to receipt of the price and the required documents within the deadlines indicated in article 7 above. Once the price and all documents have been received by GLB CAMPING and the Vehicle is ready to be made available to the Customer, a consultant will contact the Customer to confirm the place and date of delivery. A confirmation email will be sent.
The Customer undertakes to be present at the agreed place and time of delivery. If there is no response from the Customer within eight (8) calendar days of the above-mentioned call or e-mail, GLB CAMPING will inform the Customer by registered letter with acknowledgement of receipt that the Vehicle has been made available. Except in cases of force majeure, the Customer undertakes to take delivery of the Vehicle within eight (8) calendar days from the date of receipt of the aforementioned registered letter.
After this period, and cumulatively :
1) the order will be cancelled and the deposit paid to GLB CAMPING will be definitively acquired by GLB CAMPING as compensation, increased by interest calculated at the legal rate and which will begin to run at the end of a period of three months from the payment of the deposit;
2) Unless the parties have previously agreed otherwise, GLB CAMPING may invoice the Customer for storage costs up to a maximum of fifteen (15) euros per day, inclusive of all taxes, from the date of receipt by the Customer of the aforementioned registered letter informing the Customer that the Vehicle has been made available until the contract is terminated.
Furthermore, in the absence of presence at the place and time agreed for delivery, GLB CAMPING may terminate the contract, by registered letter with acknowledgement of receipt or in writing on another durable medium, if, after having enjoined the Customer, by the same means, to make delivery within a reasonable additional period, the latter has not complied within this period. The contract shall be deemed terminated upon receipt by the Customer of the letter or writing informing him of such termination, unless the Customer has performed in the meantime.
Furthermore, in the event that GLB CAMPING delivers the Vehicle more than twenty (20) calendar days after the confirmed delivery date, GLB CAMPING undertakes to reimburse the cost of renting a vehicle of the same category as the one purchased, upon presentation of a rental invoice, for the duration of the additional delay, up to a maximum of ten (10) calendar days and two hundred and fifty (250) euros, all taxes included.
The Customer must have and present valid identification upon delivery.
Article 9. Transfer of risk and ownership
Ownership of the Vehicles sold will be transferred to the Customer upon issuance of the registration certificate in the Customer's name, and the risks relating to the Vehicles will be borne by the Customer upon issuance of the new registration certificate in the Customer's name.
GLB CAMPING retains ownership of the Vehicles until full payment of the price and related fees and taxes by the Customer, the formalities relating to the issue of the new registration certificate only being carried out once the price has been paid in full.
Article 10. Right of withdrawal
12.1. The Customer has a right of withdrawal which may be exercised within a period of fifteen (15) calendar days following the date of delivery of the Vehicle and Products without having to give reasons or justification for his decision. If this period expires on a Sunday or public holiday, it is extended to the next working day.
Exercise of the right of withdrawal is subject to the following conditions being met: the mileage covered by the Vehicle since the date of delivery does not exceed one thousand (1,000) kilometers; the Vehicle has not been damaged and/or accidented; the Vehicle is returned in its original condition; all documents, in particular legal documents, accompanying the Vehicle are returned; the Vehicle has not had any accessories fitted, either by GLB CAMPING at the Customer's request or by the Customer himself.
Customers wishing to exercise their right of withdrawal must send GLB CAMPING a registered letter with acknowledgement of receipt stating unambiguously their wish to exercise their right of withdrawal.
12.2. The Vehicle and the Products must be returned by the Customer no later than fourteen (14) days following the communication by the Customer of the exercise of his right of withdrawal. This return must be accompanied by all documents accompanying the Vehicle.
GLB CAMPING will also refund, within the same period, the price paid by the Customer, using the same method as that used for payment, unless the Customer agrees to a refund by another method. As the vehicle has only been provisionally registered, the sums paid by the Customer to proceed with the final registration will be reimbursed to the Customer.
12.3 In accordance with article L 221-25 of the French Consumer Code,
"if the consumer wishes the performance of a service or a contract mentioned in the first paragraph of article L. 221-4 begins before the end of the withdrawal period referred to in Article L. 221-18In the case of distance contracts, the professional receives the express request by any means, and in the case of off-premises contracts, on paper or a durable medium.
A consumer who has exercised his right to withdraw from a contract for the provision of services or from a contract mentioned in the first paragraph of article L. 221-4, the performance of which has begun, at his express request, before the end of the withdrawal period, shall pay the trader an amount corresponding to the service provided up to the communication of his decision to withdraw; this amount shall be proportionate to the total price of the service agreed in the contract. If the total price is excessive, the appropriate amount is calculated on the basis of the market value of what has been supplied.
No sum shall be owed by the consumer who has exercised his right of withdrawal if his express request has not been received in application of the first paragraph or if the professional has not complied with the obligation to provide information set out in 4° of article L. 221-5".
12.4. The cost of returning the Customer's vehicle following the exercise of the right of withdrawal shall be borne by the Customer. The amount of the return costs will be calculated on the day of retraction according to the return method chosen by the customer, for a vehicle of the same category.
For example, if the Customer wishes to return his vehicle from his home, he will be charged the amount he would have paid on the day of his withdrawal for the delivery of an equivalent vehicle to his home from the storage center.
Article 11. Intellectual property rights
The simple fact of purchasing Products from GLB CAMPING does not confer any right to the Customer on the brands belonging to GLB CAMPING or to third parties. Consequently, the Customer has no right whatsoever to the trademarks, patents, designs, distinctive signs, copyrights, software, studies, works or any documents, written or electronic, of GLB CAMPING.
Article 12. Liability
GLB CAMPING cannot be held responsible in the event of non-performance of its obligations if this is attributable to the consumer, who will be solely responsible in the event of incorrect or false data entry or failure to validate on his part, to an unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure.
Article 13. Legal warranty
Our company is subject to the legal warranties set out in Articles L. 217-4 to L. 217-12 of the French Consumer Code and to the warranty relating to defects in the goods under the conditions set out in Articles 1641 and 1648 of the French Civil Code.
Art. L. 217-4 of the French Consumer Code :
"The seller delivers goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility."
Art. L. 217-5 of the French Consumer Code :
"The property conforms to the contract:
1° Whether it is fit for the use ordinarily expected of similar goods and, if so :
- if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;
- it has the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter."
Art. L. 217-12 of the French Consumer Code :
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the good."
Art. 1641 of the French Civil Code:
"The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Art. 1648 of the French Civil Code:
"Any action arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect. In the case provided for in article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be discharged of the defects or apparent lack of conformity".
The foregoing provisions are not exclusive of the application of the legal warranty for hidden defects under articles 1641 et seq. of the French Civil Code, in accordance with the provisions of article L. 217-4 of the French Consumer Code.
When the Customer acts under the legal warranty of conformity, he :
- will have a period of two years from the date of delivery of the property to take action;
- may choose between repair or replacement of the Vehicle or Product, subject to the cost conditions set forth in Article L. 217-9 of the French Consumer Code;
- shall not be required to prove the existence of the lack of conformity of the Vehicle or Product during the six months following delivery of the Vehicle or Product.
The guarantee of conformity will apply independently of the commercial guarantee granted. The customer may also decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, the customer may choose between cancellation of the sale or a reduction in the sale price, in accordance with article 1644 of the French Civil Code.
Article 14. Commercial warranty
The Customer will also benefit from the following warranty:
- Or the manufacturer's warranty, if still valid, i.e. within a maximum of 7 years from the first registration of the Vehicle, the exact duration of the manufacturer's warranty being specified in the order form. The exact terms and conditions of the manufacturer's warranty, its scope and its implementation procedures will be specified in the manufacturer's warranty booklet;
- Or the extended warranty offered by GLB CAMPING, according to the terms chosen by the Customer in the order form, for a minimum period of six (6) months from delivery or the remaining period between the expiry of the manufacturer's warranty and this six (6) month period from delivery. The warranty offered by GLB CAMPING will then come into effect on expiry of the manufacturer's warranty. This warranty is provided by a third-party service provider.
If the manufacturer's warranty or the warranty offered by GLB CAMPING is invoked, any period of immobilization of the Vehicle in excess of seven (7) days as a result of such warranty invocation will be added to the remaining warranty period. This period of seven (7) days runs from the date of the Customer's service request, or from the date the Vehicle in question is made available for repair if this is subsequent to the service request.
Article 15. Personal data
GLB CAMPING undertakes to store the customer's personal data in accordance with current regulations.
GLB CAMPING undertakes not to divulge any personal information to a third party without the Customer's authorization, subject to any communications that may be required of it by law, regulation or the courts and subject to any communications to other companies in the GLB CAMPING group, i.e. any company, directly or indirectly controlled by GLB CAMPING, directly or indirectly controlling GLB CAMPING or which would be controlled, directly or indirectly, by any natural person or legal entity directly or indirectly controlling GLB CAMPING, the notion of control being here defined according to the terms of article L.233-3 of the French Commercial Code, with the Customer expressly authorizing said communications.
Personal data may be used by GLB CAMPING, or any other company of the GLB CAMPING group, to inform the Customer about particular events on the site, about new Vehicles or Products... The Customer may agree to receive emails or SMS from GLB CAMPING (newsletters or others), or make known his intention not to receive emails or SMS of a commercial or promotional nature from GLB CAMPING, other than emails or SMS directly related to his order.
Article 16. Claims and amicable settlement of disputes
Under article L. 612-1 of the French Consumer Code, "Every consumer has the right to have recourse, free of charge, to a consumer mediator with a view to amicably resolving a dispute with a professional. "
Disputes falling within the scope of article L. 612-1 of the Consumer Code are those defined in article L. 611-1 of the Consumer Code, i.e. disputes of a contractual nature, concerning the performance of a contract for the sale or supply of services, between a consumer and a professional. The text covers both national and cross-border disputes.
Only claims relating to the sale of Vehicles and Products will be considered.
In the year following your request to our services, in application of article R. 616-1 of the French Consumer Code, you may have your request examined by a mediator, whose contact details are given below, bearing in mind that a dispute may only be examined by one mediator, save in exceptional circumstances:
Mediator for the Conseil National des Professions Automobiles (MOBILIANS, formerly CNPA)
https://www.mediateur-mobilians.fr/
The Customer may also, at his own expense, be assisted by an advisor.
Article 17. Applicable law
The validity, interpretation and performance of this contract are governed by French law.
Article 18. Attribution of competence
Any dispute or litigation which may arise directly or indirectly concerning the validity, interpretation or performance of this Contract, and which the parties are unable to resolve amicably, shall be submitted to the competent courts designated by application of articles 42 et seq. of the French Code of Civil Procedure.
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