These general terms and conditions of sale apply to all vehicle sales transactions carried out between MC Automobiles (hereinafter referred to as "the Seller") and any professional purchaser (hereinafter referred to as "the Buyer"). Any order implies the Buyer's formal acceptance of these terms and conditions, which he expressly acknowledges having read before signing the proforma invoice.
Confirmation of the proforma invoice constitutes a firm and irrevocable contract. The proforma invoice is valid for 3 working days from the date of the proforma invoice and will only be valid once it has been duly stamped and signed and will only be validated on receipt of the deposit amounting to 10% of the total of the proforma invoice or full payment within 72 hours if the cars are available for loading (COC not included in the sale price).
MC Automobiles does not authorize the loading of vehicles without payment and reserves the right to claim immobilization compensation equal to 10% of the sales price, as mentioned on the proforma invoice, in the event of failure to pay within 7 days. In the event of a tax-free sale, the Buyer must pay VAT, using the intra-Community VAT number previously provided to us for the current transaction.
The Vehicle must be collected by the Buyer within a maximum period of fifteen 15 working days. Should the Buyer fail to do so, the Buyer will be obliged to pay the Seller, ipso jure and without prior notice, storage costs invoiced at the rate of €5 excluding VAT per day of immobilization and per vehicle, without prejudice to the right.
The Buyer will have a period of 48 hours from the date of receipt of the vehicles to declare any anomalies. After this period, no complaint will be taken into consideration by MC Automobiles. A complete file with a copy of the CMR, photos and quotation must be sent within this 48-hour period. In the case of second-hand vehicles, only costs not stipulated on the expert report will be the subject of a claim and in the event of non-conformity, MC Automobiles reserves the right to replace the vehicle.
In the event of non-compliance with this contract, MC Automobiles reserves the right to apply one or more of the following options:
- Demand immediate payment.
- Cancel the proforma without notice.
- Remove the company from MC Automobiles' client list.
- Charge storage and financial costs.
The Seller has 20 days from the date of receipt of the CMR to send the papers to the Buyer after receiving the copy of the CMR by e-mail if transport is organized by the Seller. Delivery times are given as an indication, and any delay may not give rise to the cancellation of the sale or to any damages whatsoever. If transport is organized by the Buyer, original CMR nº3 or 4 and a copy of the transport invoice with VIN and the corresponding CMR number must be sent to the Seller by post. Second-hand vehicles: mileage to be confirmed when the vehicles are made available.
The transfer of risks takes place as soon as the vehicle is made available (the Buyer is therefore responsible for the vehicle under civil and criminal law).
The information transmitted by MC Automobiles depends on the veracity of the information provided by the manufacturers. MC Automobiles cannot therefore be held responsible for any possible errors. MC Automobiles' customers shall have the right and duty, before making payment and/or selling the goods, to check the accuracy of the said information by their own means, if necessary. To this end, MC Automobiles shall provide the VIN of the cars on the order form prior to payment.
All photos are non-contractual.
In the event of a trading operation, where the chassis number could not be transmitted at the time of the order if not subsequently, for reasons beyond the control of MC Automobiles, if there are modifications to the equipment due to the manufacturer and/or modifications to the CO2 emissions, MC Automobiles shall offer compensation for the missing options which shall be calculated by applying the discount to the amount of the option. However, under no circumstances (loss of earnings, for example) may the Purchaser claim an amount greater than the deposit, even if it is proven that the goods have been resold to a third party. The conditions contained in this order form may be altered and/or modified, via an appendix. The Buyer will have the option of accepting or rejecting the new conditions, as appropriate.
We process, on behalf of the company, the information you provide for the purpose of managing and invoicing this sales contract. The data provided will be retained for as long as the business relationship is maintained or for as long as is necessary to comply with legal obligations. Data will not be passed on to third parties unless there is a legal obligation to do so.
You have the right to request confirmation from MC Automobiles as to whether we are processing your personal data, so that you have the right to access your personal data, rectify inaccurate data or request its deletion when the data is no longer required.
- Responsable : MC Automobiles
- VAT : FR68410008478
- Address : ZA Saint Léonard - BP20 - 76910 Criel-sur-Mer - France
This contract is governed by French law. In the event of a dispute between the two parties, an attempt will be made to reach an amicable settlement, but if no agreement is reached, the Courts of Rouen shall have sole jurisdiction and the two parties expressly waive any other jurisdiction.