General Terms and Conditions of Sale
These general terms and conditions of sale apply, without restriction or reservation, to all vehicle sales offered by S AUTOMOBILES (hereinafter referred to as "the Seller") and carried out on the website --------
These general terms and conditions of sale are expressly agreed to and accepted by the Buyer, who declares and acknowledges having full knowledge thereof. Consequently, placing an order for a vehicle on the Website implies full and complete acceptance of these general terms and conditions of sale, which the Buyer acknowledges having read prior to placing their order.
It is specified that any order for a new vehicle must be preceded by the signing of a search mandate between the Buyer and the Seller (a mandate is included in each relevant new vehicle listing), a copy of which is available in the Seller's catalog. These terms and conditions are accessible at any time in the catalog and shall prevail, where applicable, over any other existing version, including the general terms and conditions of sale offered in-store. Any contrary condition stipulated by the Buyer shall, unless expressly accepted, be unenforceable against the Seller.
The Buyer is hereby informed that, for the purchase of vehicles displayed in the catalog, they may visit our premises where they will be provided with an order form and the general terms and conditions of sale specific to this transaction. These documents may also be provided upon request by email or mail, or following a search mandate concluded with our company.
For the above-mentioned sales transactions, the Buyer will make online payment through the required deposits.
Prior to placing their order, the Buyer declares that they have full legal capacity to enter into this agreement under these general terms and conditions of sale.
The Seller reserves the right to modify these general terms and conditions of sale at any time, it being understood that any modification will only apply to future orders and not to orders already in progress.
The fact that the Seller does not invoke any of the clauses of these general terms and conditions of sale shall not be interpreted as a waiver of the right to invoke any of these conditions subsequently.
SELLER'S IDENTITY
Company Name: S AUTOMOBILES
Capital: €106,714.32
Registered Office: 93-95 Avenue Franklin Roosevelt, 69150 DECINES CHARPIEU
Email Address:
Telephone Number:
ORDER
Vehicle Specifications
In accordance with Article L 111-1 of the French Consumer Code, the Buyer may, prior to placing an order, review the essential characteristics of the vehicle they wish to order.
It is specified that the order constitutes an obligation to pay.
Having reviewed the vehicles offered by the Seller and their specifications, the Buyer, under their sole responsibility and based on their needs as determined prior to placing any order, has selected the vehicle that is the subject of their order.
Availability
Offers are subject to availability.
If the ordered vehicle is unavailable, the Seller will inform the Buyer as soon as possible.
In accordance with Article L.121-20-3 of the French Consumer Code, the Seller will then refund the sums paid by the Buyer for the unavailable vehicle. This refund must be issued within 30 days of the date of payment, using the same payment method as the Buyer, unless otherwise agreed.
Vehicle Order
The Buyer may purchase the vehicle of their choice, according to the following procedures:
Selection of the chosen vehicle by the Buyer
Provision of their contact information and billing address by the Buyer,
Order summary,
Acknowledgment and acceptance of the General Terms and Conditions of Sale,
Confirmation of the order by the Buyer by returning the corresponding order form,
Payment of a deposit or the full amount of the order.
Any vehicle reservation on our website implies full and unreserved acceptance of these General Terms and Conditions of Sale.
Once the Buyer has confirmed their reservation, they are deemed to have knowingly and unreservedly accepted these General Terms and Conditions of Sale.
The Buyer's reservation must be confirmed by the Seller by sending an order form via email.
The order form must be returned by the Buyer to the Seller, duly completed, dated, and signed, within 6 days of the order form's issue date. Otherwise, the sale will be considered cancelled, including on The appearance of handwritten modifications and/or additions by the customer that render the order non-compliant with its original format.
The Seller then acknowledges receipt of the Buyer's order by email.
PRICES
The vehicle sales prices displayed online are net and are those in effect at the time the Buyer validates the order.
They are indicated in euros, inclusive of all taxes. They include Value Added Tax (VAT) applicable on the date of the order. Any change in the applicable VAT rate will be automatically reflected in the price of vehicles sold by the Seller on its website.
The sales price indicated in the order includes the price of the vehicle ordered and specified above, as well as the price of its equipment, the options described on the order form, and the delivery charges to our headquarters.
The order price also includes, depending on the options chosen by the Buyer:
Special delivery charges,
Specific administrative fees,
Eco-bonus/penalty,
Scrappage incentive,
Vehicle registration certificate,
Duplicate key (if not provided by the supplier),
Installation of accessories requested by the Buyer.
PAYMENT OF THE PRICE
Upon order confirmation, the Buyer agrees to pay the Seller, at their discretion, either a deposit or the full purchase price of the vehicle.
The deposit amount is specified on the order summary. This deposit is payable online on the Website by credit card.
The balance of the price is payable as follows:
either by bank transfer to the account details provided by the Seller: in this case, the balance must be paid within 10 days of the reservation date and, in any event, the transfer must be completed no later than before the vehicle is delivered and registered.
The Buyer guarantees to the Seller that they have all necessary authorizations to use the payment method chosen when validating the order form.
The Seller reserves the right to suspend or cancel the order and/or the delivery of the vehicle in the event of non-payment of any sum due by the Buyer, or in the event of a payment incident.
Penalties equal to three times the legal interest rate will automatically apply to any unpaid amounts upon notification of a rejected bank payment.
The Seller reserves the right to request a photocopy of the Buyer's identity card for any payment made by bank card.
As part of the fight against online fraud, information relating to the Buyer's order may be transmitted to the relevant authorities for verification.
VEHICLE DELIVERY
Delivery Method
The ordered vehicle will be made available to the Buyer at the location and on the date indicated on the order form.
In the event of force majeure, the agreed delivery date will be extended, for the benefit of both the Buyer and the Seller, by a period equal to the duration of the event that caused the delay. In this case, the delivered vehicle will be in the same condition as it was before the occurrence of the event constituting force majeure.
The Buyer undertakes to take delivery of the ordered vehicle, at the location indicated on the order form, within 10 days of the availability date shown on the front of said order form. After this period and 7 days after sending a formal notice by registered letter with acknowledgment of receipt, which remains unanswered, the order will be automatically cancelled and the deposit paid by the Buyer will be retained by the Seller as liquidated damages. However, if the deposit proves insufficient to cover the Seller's losses, the Seller retains the right to claim additional damages before the competent courts. The Seller may also charge the Buyer storage fees of €6.50 excluding VAT per day.
Delivery Delay
The Seller undertakes to deliver the vehicle no later than the date indicated on the front of the order form.
In accordance with Article L.114-1 of the French Consumer Code, the Buyer may cancel their order by registered letter with acknowledgment of receipt if the delivery date is exceeded by more than seven days and the delay is not due to force majeure.
Similarly, and regardless of the delivery times indicated by the Seller, the Buyer will also be able to cancel the order and request a refund, or at least a refund of any amounts already paid, if delivery is delayed beyond a maximum of 30 days from the order date. This cancellation will result in a refund of any deposit and any sums paid by the Buyer, within a maximum of 14 days from the date of full confirmation of the cancellation.Payment can be made by registered mail with return receipt requested (LRAR) or by a payment method identical to that used by the Buyer, unless otherwise agreed.
The sale is considered canceled upon receipt by the Seller of the letter in which the customer informs them of their decision, provided that delivery has not occurred between the sending and receipt of this letter. The customer must exercise this right within sixty business days from the delivery date indicated on the order form. This cancellation will result in the Seller refunding the deposit paid by the Buyer.
In the event of force majeure, delivery of the vehicle will be postponed until the date on which the force majeure event has ceased, without the Seller being held liable in this respect and without the Buyer being entitled to any compensation.
If a force majeure event results in a delivery delay exceeding 45 days, either party may cancel the order by registered letter with acknowledgment of receipt. In this case, the Seller will refund the deposit paid by the Buyer, who will not be entitled to any further compensation from the Seller.
RIGHT OF WITHDRAWAL
In accordance with Articles L 121-16 et seq. of the French Consumer Code, the Buyer has fourteen (14) calendar days from the date of delivery of the vehicle to return, at their own expense, the vehicle ordered on the Website for a refund. Delivery is defined as the physical taking possession of the vehicle by the Buyer or by a third party designated by them, other than the carrier. When the fourteen (14) day period expires on a Saturday, Sunday, or public holiday, it is extended to the next business day.
The Buyer wishing to exercise their right of withdrawal must inform the Seller, proving their identity, either by sending the standard withdrawal form provided by the Seller or by registered letter with acknowledgment of receipt within the aforementioned period. This withdrawal will result in the reimbursement of any deposit and any sums paid by the Buyer, within a maximum period of 14 days from the complete validation of the cancellation, by check sent by registered mail with acknowledgment of receipt or by a payment method identical to the Buyer's, unless otherwise agreed. This period may be extended until the Seller receives the vehicle returned by the Buyer.
Exercising this right of withdrawal requires the return of the vehicle as soon as possible and under the following conditions:
The mileage since the delivery date does not exceed 200 kilometers,
The vehicle has not been damaged or involved in an accident,
The vehicle is returned in its original condition,
All documents, including legal documents, accompanying the vehicle are returned,
The vehicle has not been permanently registered,
The vehicle has not had any accessories installed, whether by the Seller at the Buyer's request or by the Buyer themselves,
The sale of the vehicle was not used as a trade-in of a vehicle belonging to the Buyer as partial payment for the vehicle sold.
The return of the vehicle is a prerequisite for the Buyer's refund. If the returned vehicle does not meet the above conditions, the Seller may apply a deduction proportional to the costs incurred due to the non-compliance with these conditions.
The Buyer is responsible for all return shipping costs.
Once the Buyer has exercised their right of withdrawal within the allotted time and according to the conditions described above, the Seller undertakes to refund the Buyer all sums paid within 14 days of the date on which the right of withdrawal was exercised.
The right of withdrawal referred to in this article may not be exercised by the Buyer when the vehicle sold is a new or 0 km vehicle for which the Buyer has chosen specific options, thus making the vehicle clearly personalized, pursuant to Article L 121-21-8 of the French Consumer Code.
The provisions of this article apply exclusively to consumers, that is, buyers purchasing a vehicle for strictly personal use, unrelated to their professional activity. They do not apply under any circumstances to so-called professional buyers.
WARRANTIES
Legal Warranty Owed by the Seller
Purchased vehicles are covered by the legal warranty against hidden defects in accordance with Articles 1641 to 1648 of the French Civil Code, a warranty which expires two years from the discovery of the defect.
However, the aforementioned warranty is expressly excluded for professional buyers in the same field as the Seller, who are not covered by the legal warranty against hidden defects.
For buyers who are consumers,These vehicles also benefit from a legal guarantee of conformity (Article L. 211-1 et seq. of the French Consumer Code), which expires two years from the date of delivery.
Minimum Contractual Guarantee
The vehicle purchased by the buyer benefits from a minimum contractual guarantee, parts and labor, of 3 months or 5,000 km on safety components, as defined in the "Defect Check" section below, with the exception of tires.
Supplementary Contractual Guarantee
If the vehicle benefits from a supplementary contractual guarantee, this will be indicated on the order form, and its terms and conditions will be specified in the warranty booklet provided to the buyer upon delivery of the vehicle. The total duration of the contractual guarantee thus granted (minimum contractual guarantee + supplementary contractual guarantee) is indicated on the front of the order form.
BUYER'S RESPONSIBILITY
Upon delivery of the vehicle, the Buyer assumes all risks of loss, theft, and damage. The Buyer agrees not to drive the vehicle without first obtaining a new registration certificate in their name and taking out an insurance policy that includes, at a minimum, legally required third-party liability coverage.
New Vehicles : Direct import of certified new cars
Quality Control : Rigorous checks before each sale
Achat Digital
Exportation
Expédition rapide vers l'Europe entière
Address
3721 Single Street
Quincy, MA 02169
Contacts
123-123-1234
info@email.com