GENERAL TERMS AND CONDITIONS OF VEHICLE SALES

Article 1: ORDER

1.1 The parties agree that the vehicle ordered is the one defined in the Services section of the order form.

1.2 When the vehicle being sold does not match the version and, if applicable, the model variant from the Manufacturer's latest catalogue at the date of order, the specifications will be 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 buyer, including transport costs for the vehicle to the Dealership or Agent.

The pre-delivery preparation, the supply and fitting of a set of plates, registration fees, and delivery to the customer are itemised on the order form.

2.2 The price stated, in accordance with the tariff in force on the day of the order, is guaranteed exclusive of tax until the delivery deadline. If delivery has not been made within the planned timeframe and if the delay is not attributable to the buyer, the price guarantee will be extended until the vehicle is made available.

2.3 The price guarantee only applies to the model and specification mentioned on the order form.

However, the price guarantee shall not be due if the buyer has explicitly stipulated to refuse delivery before and after three months, as stated on the order form, or if new regulations impose technical modifications and the VAT rate changes.


Article 3: PAYMENT

3.1 The full price shall be paid by the buyer, at the request of SAS SUNCAR and prior to the delivery of the vehicle.

SUNCAR reserves the right of ownership of the vehicle subject to this order until full payment of the price, in accordance with Article 2367 of the Civil Code. 

Upon delivery of the vehicle, the Client assumes all risks of loss, damage, accidents, and traffic violations.

3.2 In accordance with the law, any late payment shall incur late payment interest calculated on the basis of three (3) times the legal rate in force, as well as a flat-rate compensation for recovery costs of fifty euros per invoice.


Article 4: Delivery

4.1 Except in the event of duly established force majeure by the buyer, the latter undertakes to take delivery within ten (10) days following notification of the vehicle's availability, of which they will be informed in writing (on the date of the first presentation of a recorded delivery letter or by email) by SUNCAR.

Failing that, and eight (8) days after a formal notice that has had no effect (date of first presentation of the registered letter with acknowledgement of receipt), SUNCAR is entitled to cancel the order and to retain the deposit paid as compensation.

4.2 If SUNCAR cannot make the vehicle subject to this order available to the buyer by the agreed delivery deadline, and unless the delay is attributable to the Manufacturer, the buyer may, except in cases of force majeure, cancel their order by registered letter with acknowledgement of receipt to the head office of SAS SUNCAR, and at the end of a period of ten (10) days following the agreed delivery deadline.

The buyer may also demand the repayment of the deposit paid, plus interest calculated at the statutory rate from the date of receipt of the registered letter with acknowledgment of receipt indicating the cancellation.

This buyer's right of termination is limited to a period of sixty (60) days from the agreed delivery deadline.

4.3 The buyer shall make his own arrangements for obtaining personalised credit for the payment of his order. 

SUNCAR shall not be concerned in any way with the legal or other clauses in effect for this credit, as the order is placed by the Buyer, who is making a spot payment.


Article 5: ASSIGNMENT

The buyer may not assign to a third party the rights arising from this contract without the consent of Sas SUNCAR.


Article 6 : SELLER'S QUALITY

Sas SUNCAR alone is responsible to the buyer for all commitments it has entered into with it under the terms and conditions of sale set out above and annexed to any order.

This Provision does not concern the warranty and the consequences of hidden defects on the Vehicle for which only the Manufacturer is responsible.


Article 7 CONTRACTS OUTSIDE ESTABLISHMENTS

7.1 Right of withdrawal

The order is considered on a cash payment

No credit requirement clause is stated therein.

The Buyer has no right of withdrawal arising from the legal texts on Credit.

When a purchase is made online, by telephone, or remotely, the Buyer has the right to change their mind for 14 days. This is the cooling-off period provided for under the Consumer Code.

To exercise this right, the buyer must notify the seller of their decision to withdraw by means of an unambiguous statement (Letter sent by registered post and addressed to the registered office of the company SAS SUNCAR, 25 Rue Rossini, 06000 NICE), and previously sent by email to SUNCAR.

The buyer may also use the withdrawal form made available to them.

For this withdrawal period provided it is respected, it is sufficient for the buyer to send their communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.


Article 8: WARRANTY

The guarantee for all hidden defects is covered by the manufacturer within a period of two (2) years after the date of the vehicle's first registration.

Any defect resulting from a lack of maintenance, wear and tear due to use, improper driving, an accident, or misuse will not be covered. 

Maintenance and normal wear and tear costs are not guaranteed

The warranty is only applied by a Professional Approved by the Manufacturer or SAS SUNCAR.  


Article 9 : DISPUTES

9.1 Mediation

The buyer and SAS SUNCAR undertake, upon signing any order, to take, before any legal action, Consumer mediation, which designates a process for out-of-court dispute resolution, whereby the consumer and the trader attempt to reach an agreement to amicably settle a dispute between them, with the help of a third party, the mediator. In the absence of an amicable agreement between the parties, the mediator, who is entered on the official list, proposes a solution to them to settle the dispute. The consumer or SAS Suncar nevertheless retain the possibility of bringing the matter before a judge if mediation is unsuccessful.

2.2 Procedure

The competent court shall be that of the registered office of SAS SUNCAR, which is the Commercial Court of the City of NICE 06000.


Our terms and conditions of sale for our online shop

By placing an order on our website or contacting our customer service by telephone, you acknowledge that you have been informed of these general terms and conditions of sale and accept them in their entirety.

Art. 1 Conditions of application

Our general terms and conditions of sale and delivery, set out below, as well as our special conditions detailed in our offers and quotations, are deemed to be accepted by our customers. 


Art. 2 Orders

All orders received via our website will be considered firm and final immediately. SUNCAR reserves the right to refuse certain orders without any obligation to explain the reasons.


Art. 3 Delivery

  1. Delivery conditions

3.1.1.All deliveries are to the main entrance on the ground floor; unpacking, installation, and connection are not included.

3.1.2. Any refusal of delivery by our customers or incorrect delivery address will be charged.

 Notice of difficulty: In the event that we receive a notice of difficulty from the carrier (lack of information for delivery, shop closed, customer absent, etc.) during the delivery of your orders, the parcel will be returned to the sender.

You will have two options upon the return of your order:

-Resending your order: we will charge you for the cost of returning the parcel. 

– Refund of your order: We will deduct the return postage costs from your refund.

 Delivery time

3.2.1. The delivery time we indicate assumes that all technical problems have been resolved. This same timeframe is given for guidance only.

3.2.2. Any problems with delivery or performance arising from force majeure or unforeseeable events beyond our control which have made delivery significantly more difficult or impossible (including, but not limited to, strikes, lockouts, administrative interventions, delays in the delivery of parts, etc.), even if they occur at our suppliers’ premises, shall entitle us to extend the agreed delivery period by up to six weeks. Should the hindrances persist for longer than six weeks, the customer shall be entitled to terminate the contract.

3.2.3. The goods will be delivered to the pavement at the customer's delivery address. The customer must then transport them to their final location themselves. The transport company accepts no responsibility for any assistance provided by its staff during this transport.

3.2.4. Please note! Multiple delivery attempts: Please be aware that if the carrier is unable to deliver the goods to the agreed delivery address, additional charges will apply, calculated on the basis of the weight and volume of the order. For each delivery attempt, these additional charges are payable by 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 have any visible issues confirmed, and to notify SUNCAR of the situation without delay.

  1. Non-conforming or damaged delivery

3.3.1 Any damaged or missing goods must be reported on the day of delivery.

In fact, it is up to you to Check the goods immediately upon delivery to your premises in the presence of the carrier note any reservations on the carrier’s delivery note and confirm these reservations by registered post with acknowledgement of receipt to the carrier (within 3 working days)

Without reservation on the transport document or refusal of the goods in case of minor or major damage, the SUNCAR brand cannot be held liable..

The receipt of a damaged item without a mention of reservations does not entitle the recipient to an exchange, return, or cancellation of the merchandise.


Art. 4 Warranty

4.1. In the event of defective goods, we guarantee, at our discretion, the repair or replacement of the goods. If, after delivery, the customer has used the delivered item 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 them. 

4.2. If the customer receives incorrect assembly instructions, we are only obliged to provide correct assembly instructions, and only if the error in the assembly instructions prevents the correct assembly of the product. 4.3. The customer is solely entitled to assert warranty claims, which cannot be assigned to a third party. 4.4. We accept no liability for damage resulting from improper storage or handling, inadequate assembly or normal wear and tear. 4.5. No compensation will be paid for defective products. 4.6. No warranty is possible for repairs and other work carried out by the customer/buyer or third parties without our agreement. 4.7. In no event shall SUNCAR be held liable for any other damages such as loss of profit, loss of custom, loss of goods or otherwise, which are due to late or incorrect delivery, negligence, material error, product defect or any other cause. 4.8. No replacement machine can be loaned during the repair period.

Out of Warranty Repairs

SUNCAR does not accept returns or repair out-of-warranty items.


Art. 5 Warranty Period

The warranty period is stated on each product sheet.
1-year warranty on spare parts
5.1. The warranty is 12 months from the date of delivery on MOKE brand products (purchase made before XXXXXXX).
5.2. The warranty is limited to the outright replacement of the part recognised as defective by a qualified technician.
5.3. Parts subject to normal wear and tear (lamps, bulbs, seals, glass, plastic, rubber, etc.), wear parts in general, or parts that are damaged as a result of abnormal use or lack of maintenance, are excluded from the warranty.
5.4. The warranty for our reseller customers is limited to the supply of the spare part that has been recognised as defective only.
5.5 The delivery costs (both ways) for the defective product to our warehouses shall be borne solely by the customer.
5.6 The product return must be made under the same conditions as the initial delivery (packaging, protection, pallet, etc.)
5.7 Upon return, responsibility for any damage due to the transport of the product rests solely with the customer.
5.8 SUNCAR reserves the right to refuse a return if the product's condition is not in line with its intended use (poor maintenance, incorrect use).
5.9 SUNCAR reserves the right to refuse the return of a faulty product if the packaging used for the return is deemed not to meet our requirements.
No technician visits will be possible


Article 6 Limitation of liability

6.1. We disclaim all 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 French product liability law.
6.3. The customer’s rights to compensation arising from a defect shall lapse one year after delivery of the goods. This provision shall not apply where we are found to have acted with fraudulent intent.


Article 7 Installation

specialists. You must keep the invoice for this installation or connection work for the entire duration of the warranty, as this will serve as proof should the customer wish to exercise their warranty rights. 

7.2 The installation and connection of the equipment are the responsibility of the customer and are entirely at their own risk. The choice and purchase of a product are the sole responsibility of the customer. 

For the purchased equipment and in the absence of consultation with competent local tradespeople. SUNCAR, being in complete ignorance of the client's exact and precise needs and any constraints related to the client's place of business at the time of their order, any total or partial inability to use the delivered products cannot give rise to any compensation, refund, or challenge to the «duty to advise» liability of equipementpro.fr. 


Art. 8 Transfer of risks

8.1. Unless the order confirmation states otherwise, delivery shall be agreed as «ex-works».

8.2. The risks of accidental loss of and damage to the Goods are borne by the Customer from the moment the Goods are collected, or, in the case of delivery, as soon as they are handed over to the shipper, the carrier or the person or organisation entrusted with carrying out the shipment.

8.3. Transfer shall take place even if the goods are collected late by the customer.


Art. 9 Price

9.1. All prices shown in our online shop are inclusive and exclusive of VAT. They are subject to change without prior notice.

9.2 Goods are to be paid for in full, without discount, by bank transfer or card upon ordering.

9.3 Installation or assembly costs are not included in the price.


Art. 10 Returns

The customer can return their order if it is not suitable for them, subject to conditions:

Are excluded from the right of return: 

– products, spare parts, after assembly and use 

Returns Policy and Conditions 

– Within 14 days of receipt of the product

– Packaging intact and original

Return costs

– Return charges amounting to 20 % of the invoice total. (with a minimum of 19.90 euros)

The appliances must never have been used and must be in perfect new condition.

– They must be in their original packaging, in perfect condition.

– Return transport is at the customer's expense and organised by the customer.

– The shipment must be sent to France, to our company headquarters, after obtaining a mandatory return authorisation for identification by our logistics department.

– The equipment is subject to an inspection before being returned to stock, which results in a deduction of 15% from the credit note amount.

– The credit note (-15%) is issued for the equipment only once the inspection has been approved.


Article 11: DISPUTES

10.1 Mediation

The buyer and SAS SUNCAR undertake, upon signing any order, to take, before any legal action, Consumer mediation, which designates a process for out-of-court dispute resolution, whereby the consumer and the trader attempt to reach an agreement to amicably settle a dispute between them, with the help of a third party, the mediator. In the absence of an amicable agreement between the parties, the mediator, who is entered on the official list, proposes a solution to them to settle the dispute. The consumer or SAS Suncar nevertheless retain the possibility of bringing the matter before a judge if mediation is unsuccessful.

10.2 Procedure

The competent court shall be that of the registered office of SAS SUNCAR, which is the Commercial Court of the City of NICE 06000.


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