Article 1: object
These general conditions of sale (hereinafter “CGV”) govern the contractual relations between the company Autos-Motors, a simplified joint stock company, whose head office is located at 19 Rue du Fossé des Treize 67000 Strasbourg, France, having
for commercial name “Autos-Motors”, registered in the trade and companies register.
These General Terms and Conditions apply without restriction or reservation to all sales concluded by the company Autos-Motors. (hereinafter the “Seller” or “Autos-Motors”) from non-professional buyers (hereinafter the “Customer” or the “Buyer”), wishing to acquire the Products offered for sale by the Seller by purchase immediately or by placing an order via the Seller's website, by telephone or any other remote means.
The Seller or Autos-Motors, the Customer or the Buyer, may hereinafter be referred to individually as the “Party” or collectively as the “Parties”.
The General Terms and Conditions specify in particular the conditions for immediate purchase, order placement, payment, and delivery or delivery of Products ordered by Customers.
These General Terms and Conditions apply to the exclusion of all other conditions. They are systematically communicated to any Customer prior to immediate purchase or before placing an order and will prevail, where applicable, over any other version or any other contradictory document.
The Customer declares to have read these General Terms and Conditions and to have accepted them before their immediate purchase or the placing of their order. These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the date of the immediate purchase or the placing of the order.
Validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions. Any contrary condition posed by the Buyer and not accepted in writing is unenforceable against Autos-Motors.
Article 2 - Geographical area
The online sale of Products presented on the Seller's website is reserved for Buyers who reside in France, Spain, Portugal, DOM TOM, Italy, Belgium, Switzerland, Luxembourg and throughout Europe.
Article 3 - Characteristics of the Products offered for sale
The products offered for sale by the Seller are mainly used and new vehicles, camper vans, caravans, mobile homes, road and agricultural tractors, public works trucks, as well as all other goods marketed by Autos-Motors (hereinafter the “ Products").
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented in the Seller's catalog, published on the Seller's website. The photographs and graphics presented are not contractual and cannot engage the responsibility of the Seller. The Customer is required to refer to the description of each product in order to know its essential properties and particularities. Product offers are within the limits of available stocks.
Article 4 – Orders placed on the site www.Autos-Motors.com
The Buyer places an order on the Seller's website: “www.Autos-Motors.com”. To purchase one or more Products, you must follow the following order process:
Choice of Products and addition to basket
Validation of basket contents
Identification on the website or registration on the identification form on which it will indicate all the requested contact details (identity, email address, delivery address, billing address etc.)
Choice of delivery method
Choice of payment method and acceptance of the General Conditions of Sale
Payment validation
The Buyer will receive an order confirmation email, including a summary of the order.
The Buyer may at any time during the order process view the details of his order as well as its total price and correct any errors, before confirming it to express his acceptance.
Autos-Motors reserves ownership of the Products until full payment of the order, i.e. receipt of the order price by Autos-Motors.
Autos-Motors reserves the right to cancel or refuse any order from a Buyer with whom there is a dispute relating to the payment or delivery of a previous order. Any order constitutes acceptance of the prices and Products available for sale.
Autos-Motors undertakes to honor orders received on the website only within the limits of available stocks.
In the event of cancellation of the order by the Customer after receipt of the order confirmation email, for any reason whatsoever other than force majeure and the use of the right of withdrawal, any sum paid during the purchase of the Products will be automatically acquired by the Seller and will not give rise to any reimbursement.
Article 5 - Orders – Immediate purchases
Apart from orders placed on the Seller's website (i.e. in particular in the case of orders by telephone or on site), orders for Products and immediate purchases are made as follows:
Choice of Products
Identification of the Buyer (contact details, email address, delivery address, billing address etc.)
Choice of delivery method
Choice of payment method and acceptance of the General Conditions of Sale
Payment validation
The sale will only be considered final after sending or providing the Customer with confirmation of acceptance of the order by the Seller (via e-mail or any other means), and after receipt by the latter of the entire amount. price.
It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment or delivery of a previous order.
Autos-Motors undertakes to honor orders only while stocks last.
Autos-Motors reserves ownership of the Products until full payment of the order, i.e. receipt of the order price by Autos-Motors.
In the event of cancellation of the order by the Customer after its acceptance by the Seller, for any reason whatsoever other than force majeure and the use of the right of withdrawal, any sum paid upon purchase of the Products will be in full right acquired by the Seller and cannot give rise to any reimbursement.
Article 6 - Product Prices
The prices indicated on the Autos-Motors website, communicated by telephone or available at the Seller's premises, are expressed in Euros, all taxes included. They are valid and payable at the time the order is validated.
These prices are firm and cannot be revised during their period of validity, as indicated in the Seller's price catalog, the latter reserving the right, outside this period of validity, to modify the prices at any time.
In particular, they are subject to change without notice depending on available stocks, market conditions and costs and the commercial policy of Autos-Motors.
Once the order has been validated, the price of this order is no longer subject to change except for changes in applicable taxes or obvious errors. Any change in the VAT rate may be reflected in the price of the Products.
For Products which are not collected by the Customer himself, the prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated in the price catalog of the Seller and calculated prior to immediate purchase or placing the order. The payment requested from the Customer corresponds to the total amount of the sale, including these costs.
Article 7 – Payment conditions
The price is payable in cash, in full on the day of immediate purchase or placing of the order by the Customer, according to the following terms:
Wire Transfer
by paypal
by bank cards: Visa, MasterCard, other credit cards
Payments made by the Customer will only be considered final after actual collection of the sums due by the Seller.
In the event of an order by telephone or any other remote means (apart from online ordering via the Seller's website or immediate purchase at the Seller's premises), the Products ordered will be reserved for the Buyer for 7 calendar days from the date of the order. After this period and in the absence of receipt of payment, Autos-Motors reserves the right to cancel the Customer's order.
The Seller reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel delivery of current orders placed by the Customer.
No additional costs, greater than the costs borne by the Seller for the use of a means of payment, may be invoiced to the Customer.
Article 8 – Delivery of Products – Deliveries
Unless there is an exception or specification at the time of the order, the Products ordered by the Buyer are delivered by Discount containers, directly or by a carrier, to the delivery address defined by the Buyer.
Delivery
In the event that Autos-Motors ensures delivery, the Products are transported under its responsibility.
An appointment must be made for the order to be physically received by the Buyer or one of his representatives from Monday to Friday, during business hours. An appointment consists of a one-day or half-day slot.
The Products ordered or acquired by the Customer will be delivered in France or Europe within the shipping time indicated on the Product sheet to which is added the processing and delivery time to the address indicated by the Customer at the time of purchase. or his order.
The delivery times indicated on the website are average indicative times, provided that the Products are available in stock at the time of the order. Average delivery times are 1 to 3 working days. These deadlines are average deadlines and can be extended to 4 days for certain destinations. These deadlines exclude order preparation (1 to 2 working days) and run from the date of shipment.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the deadlines specified above.
However, these deadlines are communicated for informational purposes only. If the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure, the sale may be canceled at the written request of the Customer under the conditions provided for in articles L .216-2 L.216-3 and L.241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within 14 days following the date of termination of the contract, excluding any compensation or withholding.
Delivery consists of the transfer to the Customer of physical possession or control of the Product.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
Placing an order implies understanding and acceptance of the delivery conditions. In particular, the delivery address must be accessible.
The Buyer must accept delivery, which involves verification of the products and quantities delivered.
To be admissible, any complaint must be made within a maximum period of 3 days from receipt of the Products by registered letter with acknowledgment of receipt addressed to Autos-Motors.
In the event that the complaint concerns the nature and quantity of the Products, it must also have been mentioned on the receipt remaining in the hands of the carrier, a copy of which will be attached to the letter.
The Buyer is required to check the conformity of the delivered goods and their packaging at the time of delivery and before signing the carrier's delivery note.
In the event of a damaged product or packaging, the Buyer must indicate any anomaly on the delivery note and in the form of precise handwritten reservations accompanied by his signature. In the absence of handwritten reservations, this verification is considered to have been carried out and the goods considered to be delivered in conformity, as soon as the Buyer, or a person authorized by him, has signed the delivery note. No complaint can be accepted in the absence of precise handwritten reservations.
Article 9 – Transfer of ownership – Transfer of risks
The transfer of ownership of the Seller's Products, for the benefit of the Customer, whether it is an immediate purchase or an order, will only be carried out after full payment of the price by the latter, regardless of the date of delivery of the Products.
Article 10 - Right of withdrawal
In the case of an order placed remotely, via the Seller's website, by telephone, mail or e-mail, the Buyer has a right of withdrawal of 14 days from the day of receipt of the Products by him - yourself or a third party, other than the carrier, designated by him.
The Buyer has a period of 14 days, following communication of his decision to withdraw, to return the delivered Products, at his own expense and risk, in their original packaging, accompanied by a copy of the delivery note. , in the Seller's warehouse or at the carrier's warehouse which will be indicated to him.
The Buyer will be reimbursed within 14 days from the date on which the Seller was informed of the Buyer's decision to withdraw, subject to the return of the Products.
If the Buyer refuses delivery once the shipment has been made, the return costs will remain the responsibility of the customer. The return costs charged may be higher than the flat rate shipping costs paid when ordering and depending on the carrier's price list.
Article 11 – Responsibility of the Seller – Guarantee
The Products offered for sale comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products supplied by the Seller benefit automatically and without additional payment, in accordance with legal provisions,
of the legal guarantee of conformity, for Products that are apparently defective, damaged or damaged or do not correspond to the order or immediate purchase,
the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the Products delivered and rendering them unfit for use,
under the conditions and according to the modalities referred to in the box below and defined in the appendix to these General Terms and Conditions (guarantee of conformity / guarantee of hidden defects).
Please note that as part of the legal guarantee of conformity, the Customer:
benefits from a period of two years from delivery of the goods to take action against the Seller
may choose between repairing or replacing the Product ordered, subject to the cost conditions provided for by article L.217-9 of the Consumer Code.
Defects of conformity which appear within a period of twenty-four months from delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise, except for second-hand goods, for which the period is extended to six months. (art L.217-7 of the Consumer Code).
The legal guarantee of conformity applies independently of the commercial guarantee which may possibly cover the product.
The Customer may decide to implement the guarantee against hidden Product defects in accordance with article 1641 of the Civil Code; in this case, he can choose between canceling the sale or reducing the sale price in accordance with 1644 of the Civil Code.
In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within the deadlines referred to above and return or bring the defective Products to the store in the condition in which they were received. with all the elements (accessories, packaging, instructions, etc.).
The Seller will reimburse, replace or repair Products or parts under warranty deemed non-compliant or defective. In the event of delivery, shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed upon presentation of supporting documents.
Reimbursements for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 30 days following the Seller's discovery of the lack of conformity or hidden defect.
Reimbursement will be made by credit to the Customer's bank account or by bank check addressed to the Customer.
The Seller cannot be held liable in the following cases:
non-compliance with the legislation of the country in which the Products are delivered, which it is up to the Customer to verify,
in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.
Article 12 - Intellectual property
The Seller remains the owner of all intellectual property rights over the photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the Customer's request) with a view to supplying the Products to the Customer.
The Customer therefore refrains from any reproduction or exploitation of said photographs, presentations, studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Seller who may condition it on financial compensation.
Article 13 – Personal data
The personal data communicated by the Customer are kept by the Seller for the needs of Autos-Motors' activity.
In accordance with the Data Protection Act of January 6, 1978, the Customer has the right to access, modify, rectify, question, oppose and delete personal data concerning him collected by the Seller in the framework of its activity.
The Seller ensures the confidentiality of the personal data collected. However, the Customer acknowledges that the Seller may be required, in accordance with its legal obligations, to reveal personal information in the context of legal procedures (search warrants, etc.).
Article 14 – Forced execution in kind
By way of derogation from the provisions of article 1221 of the Civil Code, the Parties agree that in the event of failure by one or the other of the Parties to fulfill its obligations, the Party victim of the failure may not request compulsory execution. .
The Party victim of the default may, in the event of non-performance of any of the obligations incumbent on the other Party, request the termination of the contract according to the terms defined below.
Article 15 – Exception of non-performance
It is recalled that in application of article 1219 of the Civil Code, each Party may refuse to perform its obligation, even though it is due, if the other Party does not perform its own and if this non-performance is sufficiently serious, that is to say, likely to call into question the continuation of the contract or to fundamentally upset its economic balance.
The suspension of execution will take effect immediately, upon receipt by the defaulting Party of the notification of breach which will have been sent to it for this purpose by the Party victim of the default indicating the intention to apply the exception of non-performance as long as that the defaulting Party has not remedied the breach noted, served by registered letter with acknowledgment of receipt or on any other durable written medium providing proof of sending.
This exception of non-performance may also be used as a preventive measure, in accordance with the provisions of Article 1220 of the Civil Code, if it is clear that one of the Parties will not perform the obligations incumbent on it when due and that the consequences of this non-performance are sufficiently serious for the Party victim of the failure.
This option is used at the risk of the Party taking the initiative.
The suspension of performance will take effect immediately, upon receipt by the presumed defaulting Party of the notification of the intention to apply the exception of preventive non-performance until the presumed defaulting Party performs the obligation for which a future breach is manifest, notified by registered letter with request for acknowledgment of receipt or on any other durable written medium allowing proof of sending.
If the impediment were permanent or continued beyond two months, these conditions would be purely and simply resolved according to the terms defined in the article Resolution for failure of a Party to fulfill its obligations.
Article 16 – Force majeure
The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code.
The Party noting the event must immediately inform the other Party of its inability to perform its service and justify this to the latter. The suspension of obligations may in no case be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.
The execution of the obligation is suspended for the entire duration of the force majeure if it is temporary and does not exceed a duration of two months. Consequently, as soon as the cause for the suspension of their reciprocal obligations disappears, the Parties will make every effort to resume the normal execution of their contractual obligations as quickly as possible. To this end, the prevented Party will notify the other of the resumption of its obligation by registered letter with acknowledgment of receipt or any extrajudicial act. If the impediment is definitive and exceeds a duration of two months, these will be purely and simply resolved according to the terms defined below.
During this suspension, the Parties agree that the costs generated by the situation will be shared in half.
Article 17 – Resolution
Resolution for force majeure
The automatic resolution for force majeure, notwithstanding the resolution clause for failure of a Party to fulfill its obligations appearing below, may only take place 15 days after receipt of formal notice notified by registered letter with request notice of receipt or any extrajudicial act and after having noted that the impediment is definitive or exceeds a duration of two months in accordance with article 16 above.
However, this formal notice must mention the intention to apply this clause.
Resolution for non-performance of a sufficiently serious obligation
The Party victim of the default may, in the event of sufficiently serious non-performance of any of the obligations incumbent on the other Party, notify by registered letter with acknowledgment of receipt to the Defaulting Party, the faulty resolution of these presents. , 15 days after receipt of a formal notice to comply which has remained unsuccessful, in accordance with the provisions of article 1224 of the Civil Code.
In any event, the injured Party may seek legal action for damages.
Resolution in case of sale outside the geographical area
In the event of a sale outside the geographical area defined in article 2 hereof, this may be canceled automatically at the discretion of the Seller, without carrying out any formalities.
Article 18 – Applicable law – Language
By express agreement between the Parties, these General Terms and Conditions and the operations resulting from them are governed by and subject to French law.
These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.
Article 19 – Disputes
All disputes to which purchase and sale operations concluded in application of these General Terms and Conditions could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have been resolved amicably between the Seller and the Customer, will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (article L.612-1 of the Consumer Code) or with sectoral mediation bodies. existing, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
Article 20 – Pre-contractual information – Customer acceptance
The Customer acknowledges having been informed, prior to the immediate purchase or the placing of his order and the conclusion of the contract, in a clear and understandable manner, of these General Terms and Conditions and all the information listed in Article L. 221-5 of the Consumer Code, and in particular the following information:
essential characteristics of the Product
the price of the Products and related costs (delivery, for example)
in the absence of immediate execution of the contract, the date or deadline by which the Seller undertakes to deliver the Product
information relating to the identity of the Seller, his postal, telephone and electronic contact details, and his activities, if they do not emerge from the context
information relating to legal and contractual guarantees and their implementation methods
the functionalities of digital content and, where applicable, its interoperability
the possibility of resorting to conventional mediation in the event of a dispute
The fact for a natural person (or legal entity) to make an immediate purchase or order a Product implies full and complete adherence and acceptance of these General Terms and Conditions and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.
ANNEX I
GUARANTEE OF CONFORMITY - LEGAL GUARANTEE AGAINST HIDDEN DEFECTS
Article L217-4 of the Consumer Code
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Article L217-5 of the Consumer Code
The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L217-9 of the Consumer Code
In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.
Article L217-13 of the Consumer Code
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized to him by the law.
Article 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not would have given a lower price for them, if he had known them.
Article 1648 paragraph 1 of the Civil Code
Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
ANNEX II
RIGHT OF WITHDRAWAL – WITHDRAWAL FORM
Article L221-18 of the Consumer Code
The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded remotely, following telephone canvassing or off-premises, without having to give reasons for his decision or to bear other costs than those provided for in articles L. 221-23 to L. 221-25. The period mentioned in the first paragraph runs from the day:
1° The conclusion of the contract, for service provision contracts and those mentioned in article L. 221-4;
2° Receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal from the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a good made up of lots or multiple pieces whose delivery is spread over a defined period, the period runs from receipt of the last good or batch or the last piece.
For contracts providing for the regular delivery of goods during a defined period, the period runs from receipt of the first good.
Model withdrawal form (distance selling to a non-professional buyer)
recommended letter with receipt note
Dear,
On (date), I placed an order with you by (telephone, Internet) and took delivery on (date).
In accordance with article L. 221-18 of the Consumer Code, I inform you that I wish to exercise my right of withdrawal concerning this order and I will return it to you or drop it off at your premises (…) (specify) within fourteen days to come.
Please reimburse me for the sum of (…) euros that I paid to you by (credit card, etc.).
Thanking you, please accept, Madam, Sir, the expression of my distinguished greetings.
(Signature)