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Article 1 - Scope of application
These General Terms and Conditions of Sale (hereinafter the "Conditions") govern the relationship between the company, acting in the name and on behalf of the Concession, and the Customer who places an order on our site.
On the occasion of any distance selling of a used vehicle for delivery in Metropolitan France (hereinafter the "Vehicle").
These Conditions are available for consultation and/or downloading from the Site at any time. The Company reserves the right to modify these Conditions at any time, which the Customer accepts. By checking the box provided for this purpose, the Customer declares that he/she has read and accepted these General Terms and Conditions of Sale without restriction or reservation.
The vehicle offers presented on this Site are valid exclusively on the Internet and cannot be opposed and/or combined with offers available at the Dealerships.
In the event of any contradiction between the provisions of these Conditions and the provisions of the manufacturer's general terms and conditions of sale, the provisions most favourable to the Customer shall prevail.
Article 2 - Definition
Customer: the Customer is a private individual or a non-professional natural person who has placed an order on the company's website. Any legal entity, or any natural person acting within the framework of their commercial, industrial, artisanal, liberal or agricultural activity may not place an order on the company's site.
Contractual Documentation: the contractual documentation includes the Vehicle description sheet, the order form, the Conditions, the manufacturer's general terms and conditions of sale and warranties, the withdrawal form, the transfer certificate, the declaration of purchase, the registration warrant, the registration certificate and any document relating to the subscription to an Additional Service.
Article 3 - Prices
The price shown on the Order Form (hereinafter the "Price") is expressed in euros inclusive of all taxes and includes :
- The price of the vehicle,
- The cost of the registration certificate,
- An administration fee of 250 euros to cover all administrative procedures carried out by the Company to register the Vehicle, and the cost of sending the registration certificate.
- And, where applicable, costs relating to Supplementary Benefits,
The French VAT rate in force on the date of validation of the order by the Customer is applied to the Price shown on the Order Form.
Article 4 - Ordering the vehicle
The Customer acknowledges being of legal age and having the capacity to contract.
In order to proceed with the purchase of the Vehicle, the Customer must follow a series of steps described below:
1 / Apply to order the car
The Customer selects on the Site the Vehicle he/she wishes to purchase, takes note of all the essential characteristics and the general condition of the Vehicle. The Customer must then create a personalized request on the Site. When registering, the Customer undertakes to provide all the information and personal details requested. The Customer shall be liable for the financial consequences of any delivery difficulties caused by an error in the provision of this information and/or personal data.
2 / Acceptance and Signature of the Order Form
On acceptance of the Purchase Order, the Customer undertakes to pay to the Company, in accordance with the terms stipulated in the Purchase Order, the Car Deposit (depending on the method of payment), payable by bank transfer.
3 / Delivery
The customer chooses a delivery method. Thanks to our expertise, you can have your car delivered directly to your door anywhere in Europe. Depending on the situation, your car purchased from us can be delivered to your home.
Any additional costs resulting from the Customer's choice of a delivery method other than the least expensive standard delivery method will not be reimbursed to the Customer in the event of withdrawal. The Customer will not be charged for delivery to the Concession's premises.
4 / Supplementary benefits
The Customer may benefit from additional services offered by the Site, such as anti-theft vehicle marking (hereinafter referred to as the "Additional Services").
5 / Vehicle registration
Given that the Customer is legally obliged to register the Vehicle within thirty (30) days of its acquisition, that delivery delays are likely to prevent the Customer from fulfilling this obligation, and that in the case of a lease with purchase option registration must be carried out by the Company, the latter will carry out the registration procedures on behalf of the Customer.
In this respect, the Customer instructs the Company to carry out the formalities for registering the Vehicle, in its name and on its behalf, with the relevant bodies.
6 / Financing
The Customer may take out a loan to purchase the Vehicle. The provisions relating to this financing are set out in a financing contract (hereinafter the "Financing Contract"). If the Customer does not wish to take out a loan with the financing company, payment will be made in cash.
7 / Down payment
The customer acknowledges these terms and conditions and the general warranty conditions. The Customer will pay a deposit depending on the method of purchase, or a minimum of 1000 euros inclusive of tax for the reservation of a vehicle. This will be deducted from the Price upon full payment of the Vehicle.
8 / Order validation
The Customer must confirm that he/she has read and understood these Terms and Conditions, as well as the General Warranty Conditions. The Customer shall submit the documents required to validate the order, including in particular a copy of his/her identity card and proof of address, in order to validate the order by signing the entire Contractual Documentation (hereinafter referred to as the "Order Form").
9 / Validation of final sale
The Customer will have 10 days from payment of the deposit to pay the final balance of the order. The Purchase Order will be definitively validated once the balance has been paid and a copy of the vehicle insurance certificate has been sent. The Purchase Order is a contract concluded intuitu personae between the Customer and the Company. Consequently, the Purchase Order may not be transferred to a third party by the Customer without the express consent of the Company. The Company reserves the right to refuse or suspend the Customer's Purchase Order for any legitimate reason, and in particular if :
- The information and/or documents and/or personal data provided by the Customer are incomplete or incorrect,
- In the event of the customer's insolvency and/or refusal of the requested credit and/or refusal of payment authorization
Article 5 - Payment terms
The Customer may pay the deposit by bank transfer. The balance of the Vehicle Price will be paid by bank transfer. If the Customer chooses to pay the balance by bank cheque, he/she must send the cheque by registered post, together with its deposit slip, to the company's address.
Article 6 - Payment
To be valid, all orders must be accepted by signing the Purchase Order and paying the Deposit. On acceptance of the Purchase Order, the Customer undertakes to pay to the company, in accordance with the terms stipulated in the Purchase Order, a Deposit depending on the method of purchase, payable by bank transfer. The balance of the order must be paid, at the latest, within 10 days of payment of the deposit. In the absence of payment of the balance within the aforementioned period, the Purchase Order will be cancelled.
Article 7 - Credit sales
Whenever the price of the vehicle ordered is paid for by means of external financing, this is indicated on the Purchase Order in the appropriate section. In accordance with the legal provisions in force, the sale of the Vehicle will be cancelled ipso jure without compensation if, within a period of fourteen (14) days from the Customer's acceptance of the loan offer, the lender fails to inform the Company of the granting of the credit or informs the Company of its refusal to grant the credit. In the event of cancellation of the sale, the credit will be immediately cancelled, this being indivisible from the Purchase Order.
Article 8 - Vehicle delivery
1 / Place of delivery
All vehicles sold by the Dealership are available for delivery in France and throughout Europe. Delivery takes place, in accordance with the Purchase Order, at the Dealership's premises or at the address indicated by the Customer (excluding addresses belonging to automotive professionals). In certain cases, the Customer may request delivery to one of the Company's partner establishments. The Company undertakes to deliver the Vehicle to the agreed location and the Customer to take delivery of the Vehicle on the agreed date and at the agreed location.
2 / Delivery date
The Vehicle will be delivered to the Customer within 07 days of the signing of the Purchase Order AND THE PAYMENT OF THE CONTRIBUTION. However, if the customer takes out financing for the purchase of the vehicle, the delivery period will be 10 days from acceptance of the financing contract by our finance department.
When the Vehicle can be made available to the Customer, the Customer will receive a provisional delivery date by e-mail. They can also view the delivery date in their personal environment. The Customer will then be contacted by the delivery company, a partner of the Company, in order to set a definitive delivery time. The delivery company will send the Customer an SMS confirming the Vehicle delivery time. The Customer has 12 hours from receipt of the SMS to request a change to the agreed time. Failing this, the Customer is deemed to have accepted the date and time indicated and undertakes to be present at the precise time of the agreed appointment.
If the Customer does not reply to the Company and the Company is unable to arrange an appointment directly with the Customer within 3 days of receipt of the e-mail setting the delivery date, the Company reserves the right to :
- Start invoicing the Customer for storage costs at the rate of 15 euros per day from the day on which the Customer receives the Vehicle release e-mail,
- cancel the Purchase Order and deduct the irreducible costs already paid by the Company. In the event that access to the delivery address is deemed difficult by the delivery company, the Customer accepts that :
- delivery may be delayed and/or
- delivery address is changed.
In particular, the delivery company may offer to deliver the Vehicle to an accessible parking lot close to the initial delivery address.
However, this delay may not exceed seven (7) days from the delivery deadline.
3 / Terms of delivery
At the time of delivery, the Customer must present to the delivery company the originals of the documents requested at the time of ordering, i.e. the Customer's identity document and proof of address.
The Company will not deliver the Vehicle to the Customer if the Customer :
- does not present the originals of the documents requested and
- fails to arrive at the address indicated on the Purchase Order or at the Concession at the delivery time agreed with the Company.
Consequently, due to the Customer's lack of diligence, the Company may not be held responsible for failure to meet the delivery date stated on the Purchase Order. The Company will agree with the Customer a second delivery date for the Vehicle. The Customer shall bear all costs relating to the second presentation of the Vehicle and accepts any additional mileage that may affect the Vehicle. The Customer undertakes to be present at the exact delivery time agreed with the delivery company.
If the Customer's delay exceeds 15 minutes, the delivery company reserves the right to postpone delivery. The Customer shall bear all costs associated with this delay, in particular those relating to the second presentation of the Vehicle, and accepts any additional mileage that may affect the Vehicle. The Customer agrees that the initial mileage mentioned on the Vehicle's description sheet may be increased by a maximum of 500 kilometers for delivery and the planning of a possible second delivery. Upon delivery of the Vehicle, the Customer and the delivery company will draw up a delivery report for the Vehicle. This delivery report will note :
- all accessories and documents given to the customer (keys, vehicle registration document, etc.)
- confirmation by the Customer that the general condition of the Vehicle corresponds to the description of the Vehicle made available to the Customer in the Customer's environment, or any reservations the Customer intends to make about the Vehicle.
If the Customer takes delivery of the Vehicle without expressing any reservations, he/she will be deemed to have accepted the Vehicle as is and acknowledges that he/she may not subsequently make any requests concerning the general condition of the Vehicle, nor ask the Company to carry out repairs at his/her expense, nor claim any compensation of any kind whatsoever in this respect. When the Customer takes physical possession of the Vehicle, the risks of loss or damage to the Vehicle are immediately transferred to the Customer.
If the Customer expresses any reservations on the delivery report countersigned by the Concession or the delivering company, the Company and/or the Concession will contact the Customer in order to remove the reservations.
4 / Delivery delays
In accordance with the provisions of article L216- 2 of the French Consumer Code, except in the case of force majeure, in the event of failure by the Company to deliver within the period specified in the Purchase Order, the Customer may cancel the contract by registered letter with acknowledgement of receipt, or in writing on a durable medium, if after having enjoined the Company, by the same means, to make the delivery, the latter has not complied within this period. The Purchase Order shall be deemed to have been cancelled upon receipt of the withdrawal form, which must be sent by registered mail, enclosed with the order, informing the Customer of this cancellation, unless the Company has delivered the Vehicle within this period.
5 / Refusal to take delivery
If the Customer refuses to accept delivery and wishes to cancel, he/she must complete the cancellation form that will be given to him/her and hand it over immediately to the delivery company. The provisions of the article "Right of withdrawal" are applicable to the present article.
Article 9 - Right of withdrawal
1 / Exercising the right of withdrawal
The Customer has fourteen (14) days from delivery of the Vehicle to exercise his right of withdrawal, without having to justify his decision or pay any penalties.
The Customer wishing to cancel the Order must send the Company the duly completed withdrawal form attached to the Order Form within the above-mentioned period. The Customer must be able to prove that he has exercised his right of withdrawal.
2 / Vehicle return
Customers exercising their right of withdrawal must return, at the same time as they take back the Vehicle, all documents and accessories given to them upon delivery of the Vehicle and listed on the delivery report. The Company will collect the withdrawn Vehicle from the place where it was delivered. The Company will then examine the Vehicle and draw up a repossession report. The examination of the Vehicle will be carried out on the basis of the documents relating to the condition of the Vehicle sent to the Customer at the time the order was placed, and on the basis of the delivery report. If, when drawing up the trade-in report, the Company finds that the Vehicle :
- has been damaged,
- is aware of defects that did not exist at the time of delivery,
- accessories and/or documents sent to the Customer at the time of delivery are missing,
- the Vehicle has travelled more than 500 kilometers since delivery (including the distance covered by the convoy).
The Company may make reservations and obtain reimbursement from the Customer for repairs to be carried out on the Vehicle, as well as reimbursement of the amounts required to replace documents and/or accessories. Any sums owed by the Customer for damage to the Vehicle will be deducted directly from the refund.
If the number of kilometers travelled since delivery exceeds 500 kilometers, the Customer shall compensate the Company for each kilometer travelled in excess of this threshold at a rate of 1 euro per kilometer, inclusive of tax.
The sums due by the Customer for excess kilometers travelled will be directly deducted from the reimbursement.
The Customer acknowledges that he/she will not be reimbursed for any costs incurred in processing the order which do not correspond to the price of the Vehicle (administrative costs, cost of the registration certificate and excess delivery costs).
In the event of retraction and in accordance with Article L221-23 of the French Consumer Code, the Customer shall bear all costs relating to the return of the Vehicle.
Sums due by the Customer for the cost of returning the Vehicle will be deducted directly from the Reimbursement.
The cost of returning the Vehicle from the Customer's home will be 499 euros.
However, if the Customer returns the Vehicle to one of the Company's partner establishments (option available only for certain Vehicles) or to the Dealership, no return costs will be charged.
In the event of withdrawal, the Customer must return the Vehicle within 14 days of delivery.
The provisions of this article do not apply to legal entities or individuals acting in the course of their commercial, industrial, craft, liberal or agricultural activities.
3 / Refund
If the right of withdrawal is exercised under the conditions defined above, the sums paid by the Customer for the Purchase Order (hereinafter referred to as the "Reimbursement") will be reimbursed within 14 days of receipt of the withdrawal form. The sum paid by the Customer is automatically increased by 10 % if the Reimbursement is made no later than thirty days after this term, by 20 % up to sixty days and by 50 % thereafter. Reimbursement following cancellation of the Order will be made by bank transfer or cheque, which the Customer accepts.
Article 10 - Force majeure
The Company may not be held liable in the event of default due to force majeure. Force majeure is defined as an unforeseeable, irresistible event beyond the control of the parties, which prevents the debtor of an obligation from performing all or part of that obligation.
By way of non-limitative examples, events such as flooding, prolonged power failure, fire, total or partial destruction of the Company's and/or the Concession's work tools, war, insurrection, strike whatever the cause, lock-out, earthquake, storm, tornado, machinery breakdown, third-party failure, epidemic, etc., constitute force majeure.
Article 11 - Legal warranty of conformity
In accordance with the provisions of articles L217-4 et seq. of the French Consumer Code, the Customer benefits from the legal guarantee of conformity. The Company is obliged to deliver goods in conformity with the Contract and is liable for any defects in conformity existing at the time of delivery.
In the event of a lack of conformity, the Company chooses between repair and replacement.
Article 12 - Legal warranty against hidden defects
In accordance with the provisions of Articles 1641 et seq. of the French Civil Code, the Company is bound by the legal warranty for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the Customer would not have purchased it, or would only have paid a lower price for it, had he or she been aware of them. However, the Company is not liable for defects which are apparent and of which the Customer has been able to convince himself.
Article 13 - Complaints
You have the right to lodge a complaint with a supervisory authority of the Commission Nationale de l'Informatique et des Libertés by sending a letter to the following address: CNIL - 3, place de Fontenoy - TSA 80715 - 75334 Paris - Cedex 07. The customer may also make any complaint by contacting the Company by post at the following address: Friedrichstraße 16, 42929 Wermelskirchen, Germany.
Article 14 - Assignment
The Company may freely assign all or part of this Contract to any company controlled, controlling or under the same control within the meaning of articles L233-1 et seq. of the French Commercial Code.
Article 19 - Jurisdiction and applicable law
In the event of a dispute, the Company and the Customer undertake to attempt to resolve the dispute between them in good faith and amicably. If the attempt to resolve the dispute amicably is unsuccessful, the parties may bring the dispute before the competent courts. These Conditions are governed by French law.
Our mission is to make your vehicle purchase as easy and pleasant as possible. Thanks to our 100% remote service, you can choose and purchase your vehicle with complete peace of mind, without leaving your home. Order today and take advantage of our personalized service, designed to make your buying experience as easy as possible!
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