GENERAL TERMS AND CONDITIONS FOR THE SALE OF VEHICLES
Article 1 : ORDER
1.1 The parties agree that the vehicle ordered is the one defined for the Services in the order form.
1.2 If the vehicle offered for sale does not correspond to the version and, if applicable, the model variant shown in the latest Manufacturer's catalog on the order date, the characteristics are mentioned and described on the order form.
Article 2: PRICE AND PRICE GUARANTEE
2.1 The turnkey price is the price including VAT actually paid by the purchaser, including the cost of transporting the vehicle to the Dealer or Agent.
Pre-delivery preparation, supply and fitting of a set of plates, registration fees and delivery to the customer's premises are priced on the order form.
2.2 The price quoted, in accordance with the price list in force on the day of the order, is guaranteed exclusive of tax until the delivery deadline. If delivery is not made by the agreed deadline, and if the delay is not attributable to the purchaser, the price guarantee will be extended until the vehicle is made available.
2.3 The price guarantee only applies to the model and version specified on the order form.
2.4 However, the price guarantee is not due if the purchaser has expressly stipulated refusal of delivery before and after three months on the order form, or if new regulations require technical modifications, and the VAT rate changes.
Article 3: PAYMENT
3.1 The full price will be paid by the buyer, at the request of SAS SUNCAR, before delivery of the vehicle.
SUNCAR reserves the right to the ownership of the vehicle object of the present order until full payment of the price, in accordance with article 2367 of the Civil Code.
Upon delivery of the vehicle, the Customer assumes all risks of loss, damage, claims and traffic violations.
3.2 In accordance with the law, any delay in payment will result in the payment of interest on arrears calculated on the basis of three (3) times the legal rate in force, as well as a flat-rate compensation for collection costs of fifty euros per Invoice.
Article 4: DELIVERY
4.1 Except in the case of force majeure duly established by the buyer, the latter undertakes to take delivery within ten (10) days following the notice of availability of the vehicle of which he will be informed in writing (on the date of the first presentation of RAR or by e-mail) by SUNCAR.
Failing this, SUNCAR is entitled to cancel the order and retain the deposit paid as compensation eight (8) days after a formal notice has remained without effect (date of first presentation of the registered letter).
4.2 If SUNCAR is unable to provide the purchaser with the vehicle that is the subject of the present order by the delivery deadline, and unless the delay is attributable to the Manufacturer, the purchaser may, except in the case of force majeure, cancel his order by registered letter with acknowledgement of receipt to the address of the Head Office of SAS SUNCAR, and at the expiration of a period of ten (10) days following the delivery deadline.
The buyer may also demand the return of the deposit paid, plus interest calculated at the legal rate from the date of receipt of the registered letter with acknowledgement of receipt mentioning the cancellation.
The purchaser's right of cancellation is limited to a period of sixty (60) days from the agreed delivery deadline.
4.3 The purchaser will make his own arrangements for the granting of a personalized credit for the payment of his order.
SUNCAR will in no way be affected by the legal or other clauses in force for this credit, the order being made by the Buyer, by making a cash payment.
Article 5: TRANSFER
The purchaser may not assign the rights arising from this contract to a third party without the consent of Sas SUNCAR.
Article 6: QUALITY OF THE SELLER
Sas SUNCAR is solely responsible to the purchaser for all commitments made by the purchaser to Sas SUNCAR under the terms of the general sales conditions set out above and appended to any order.
This provision does not apply to the warranty and consequences of hidden defects in the Vehicle for which the Manufacturer alone is responsible.
Article 7 OFF-SITE CONTRACTS
7.1 Right of withdrawal
The Order is considered on a cash payment
There is no credit requirement clause.
The Buyer has no right of withdrawal under the legal texts governing credits.
When a purchase is made over the Internet, by telephone or by mail order, the buyer has the right to change his or her mind within 14 days. This is the withdrawal period stipulated in the French Consumer Code.
In order to exercise this right, the buyer must notify the seller of his decision to withdraw by means of an unambiguous declaration (letter sent by post and addressed to the head office of SAS SUNCAR 25 Rue Rossini 06000 NICE), and previously sent by e-mail to SUNCAR.
The buyer can also use the withdrawal form provided.
For this withdrawal period to be respected to be respected, it is sufficient for the purchaser to transmit his communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.
Article 8: GUARANTEE
The Warranty for all Hidden Defects is assumed by the Manufacturer within a period of Two (2) Years after the date of First Registration of the Vehicle concerned.
Defects resulting from lack of maintenance, wear and tear due to use, improper operation, damage or misuse are not covered.
Maintenance costs and normal wear and tear are not guaranteed.
The Warranty is only applied by a Professional Authorized by the Manufacturer or SAS SUNCAR.
Article 9: DISPUTES
9.1 Mediation
With the signature of any order, the purchaser and SAS SUNCAR undertake to take the following steps before any legal action is taken, Consumer mediation is an out-of-court dispute settlement process whereby the consumer and the professional attempt to reach an amicable settlement of a dispute between them, with the help of a third party, the mediator. If the parties fail to reach an amicable agreement, the mediator, who is registered on the official list, proposes a solution to settle the dispute. The Consumer or SAS Suncar nevertheless retain the option of going to court if mediation is unsuccessful.
2.2 Procedure
The competent court will be the one on which SAS SUNCAR's registered office depends, i.e. the Tribunal de Commerce de la Ville de NICE 06000.
OUR GENERAL TERMS AND CONDITIONS OF SALE FOR OUR ONLINE STORE
By placing an order on our site or by contacting our customer service department by telephone, you acknowledge that you have been informed of the present terms and conditions of sale and that you accept them in their entirety.
Art. 1 Conditions of application
1.1 Our general terms and conditions of sale and delivery, set out below, as well as our special terms and conditions set out in our offers and quotations, are deemed to have been accepted by our customers.
Art. 2 Orders
All orders received via our website are immediately considered firm and final. SUNCAR reserves the right to refuse certain orders without obligation to explain the reasons.
Art. 3 Delivery
- Terms of delivery
3.1.1.All deliveries are to be made to the front door on the first floor, excluding unpacking, installation and connection.
3.1.2 Any refusal of delivery by our customers or incorrect delivery address will be invoiced.
Notice of default: In the event that we receive a notice of default from the carrier (lack of delivery information, store closed, customer absent, etc.) during the delivery of your order, the package will be returned to sender.
You will be left with two options following the return of your order:
-Reshipment of your order: we will charge you for the cost of returning the parcel.
- Refund of your order: We will deduct the return shipping costs from your refund.
Delivery time
3.2.1. The delivery time we indicate assumes that all technical problems have been resolved. This delivery time is given as an indication only.
3.2.2. Problems with delivery or performance due to force majeure or unforeseeable events for which we are not responsible and which have made delivery considerably more difficult or impossible (in particular strikes, lockouts, administrative interventions, delays in the delivery of parts, etc.), even if they occur at our suppliers, entitle us to postpone the agreed delivery date for up to six weeks. If the impediments last longer than six weeks, the customer has the right to withdraw from the contract.
3.2.3. Goods are delivered to the curb at the customer's delivery address. It is the customer's responsibility to transport the goods correctly to their final location. The transport company accepts no responsibility for any assistance provided by its staff during transport.
3.2.4. Please note! Multiple delivery attempts: Please note that if the carrier is unable to deliver the goods to the agreed delivery address, there will be additional charges calculated according to the weight and volume of the order. For each delivery attempt, additional costs will be charged to the customer.
3.2.5. The customer is obliged to immediately check the delivered goods in the presence of the delivery person in accordance with article L-133-3 of the French commercial code, to confirm any problems visible to the naked eye and to inform SUNCAR of the situation without delay.
- Incorrect or damaged delivery
3.3.1 Damaged or missing goods must be reported on the day of delivery.
It is your responsibility to check the goods on delivery to your premises in the presence of the carrier make reservations on the carrier's delivery note, and confirm these reservations by registered mail with acknowledgement of receipt to the carrier (within 3 working days).
Without reservation on the transport note or without refusal of the goods in the event of minor or major damage, SUNCAR cannot be held responsible for.
Receipt of a damaged item without mention of reservations does not entitle the customer to an exchange, return or cancellation of the goods.
Art. 4 Warranty
4.1 In the event of a defect in the goods, we guarantee, at our discretion, improvement or replacement of the goods. If, after delivery, the customer has used the item delivered in a manner contrary to its intended use and at a location other than the registered office or place of business, any additional costs arising from repairs shall be borne by the customer.
4.2. If the customer receives incorrect assembly instructions, we are only obliged to provide error-free assembly instructions, and then only if the error in the assembly instructions prevents proper assembly of the product. 4.3. The customer alone is entitled to assert warranty claims, which may not be assigned to a third party. 4.4. We accept no liability for damage caused by improper storage, improper handling, improper assembly or natural wear and tear. 4.5. No compensation will be paid for defective products. 4.6. No warranty is given for repairs or other work carried out by the customer/buyer or third parties without our agreement. 4.7. In no event will SUNCAR be liable for any other damages such as loss of income, loss of goodwill, loss of merchandise or other damages due to late or incorrect delivery, negligence, material error, product defect or any other cause. 4.8. No replacement machine may be loaned during the repair period.
Out-of-warranty repairs
SUNCAR does not take back or repair out-of-warranty items.
Art. 5 Warranty period
The warranty period is indicated on each product sheet.
1-year spare parts warranty
5.1. The warranty period is 12 months from the date of delivery on MOKE brand products (purchased before XXXXXXX).
5.2. The warranty is limited to the replacement of the defective part by a qualified technician.
5.3. Parts subject to normal wear and tear (lamps, bulbs, gaskets, glass, plastic, rubber, etc.), wear parts in general, and parts resulting from abnormal use or lack of maintenance are excluded from the warranty.
5.4. The warranty for our reseller customers is limited to the shipment of the spare part found to be defective.
5.5 The cost of returning the defective product to our warehouse is the sole responsibility of the customer.
5.6 The product must be returned in the same conditions as the initial delivery (packaging, protection, pallet, etc.).
5.7 The customer is solely responsible for any damage caused by the transport of the product.
5.8 SUNCAR reserves the right not to accept a return if the condition of the product does not conform to its intended use (poor maintenance, misuse).
5.9 SUNCAR reserves the right to refuse to accept the return of a defective product if the return packaging does not meet our requirements.
No technician travel will be possible.
Art. 6 Limitation of liability
6.1. We accept no liability for damages arising from a breach of secondary contractual obligations.
6.2. These limitations of liability do not apply to liability for injury to life, body or health, nor to the French law relating to liability for defective products.
6.3. The customer's claims for compensation due to a defect become statute-barred one year after delivery of the goods. This does not apply if we are accused of fraud.
Art. 7 Installation
specialists. The invoice for this installation or connection work must be kept for the duration of the warranty period, as it will be deemed authentic if the customer wishes to exercise his warranty rights.
7.2 Installation and connection of the equipment are the responsibility of the customer. The choice and purchase of a product are the sole responsibility of the customer.
For equipment purchased and failing that to consult competent local craftsmen. SUNCAR being totally unaware of the exact and precise needs of the customer and of the possible constraints linked to the place of activity of the customer at the time of his order, a total or partial impossibility of use of the delivered products will not be able to give place to any compensation, refund or questioning of the responsibility "obligation of advice" of equipementpro.fr.
Art.8 Transfer of risk
8.1. Unless otherwise stated in the order confirmation, delivery is "ex works".
8.2. The risk of accidental loss or deterioration of the goods is assumed by the customer as soon as the goods are collected or, in the case of shipment, as soon as they are handed over to the shipper, carrier or the person or organization responsible for carrying out the shipment.
8.3. The transfer will take place even in the event of late collection of the goods by the customer.
Art. 9 Prices
9.1. All prices shown in our online store are inclusive and exclusive of VAT and are subject to change without notice.
9.2 Goods must be paid for in cash, without discount, by bank transfer or credit card when the order is placed.
9.3 Installation or assembly costs are not included in the price.
Art.10 Returns
The customer may return his order if it does not suit him under certain conditions:
The right of return does not apply to :
- products and spare parts, after assembly and use
Return times and conditions :
- Within 14 days of receiving the product
- Original, undamaged packaging
Return shipping costs
- Return postage charged at 20% of invoice amount. (with a minimum of 19.90 euros)
- Appliances must be completely new and unused.
- They must be in their original packaging and in perfect condition.
- Return transport is the responsibility of the customer.
- Returns must be sent to our head office in France, after obtaining a return slip for identification by our logistics department.
- The equipment is appraised before being returned to stock, which results in a 15% reduction in the credit amount.
- The credit note (-15%) is issued on the equipment only after validation of the inspection.
Article 11: DISPUTES
10.1 Mediation
With the signature of any order, the purchaser and SAS SUNCAR undertake to take the following steps before any legal action is taken, Consumer mediation is an out-of-court dispute settlement process whereby the consumer and the professional attempt to reach an amicable settlement of a dispute between them, with the help of a third party, the mediator. If the parties fail to reach an amicable agreement, the mediator, who is registered on the official list, proposes a solution to settle the dispute. The Consumer or SAS Suncar nevertheless retain the option of going to court if mediation is unsuccessful.
10.2 Procedure
The competent court will be the one on which SAS SUNCAR's registered office depends, i.e. the Tribunal de Commerce de la Ville de NICE 06000.