GENERAL CONDITIONS OF SALE AND WARRANTY APPLICABLE TO THE VEHICLES SOLD TAX-FREE
This order (hereafter referred to as “Order”) is binding for the Parties once it contains:
- the signature of the client (hereafter referred to as the “Client”), on each copy,
- the signature and commercial stamp of CITROËN CHAMP DE MARS (hereafter referred to as the “Seller”) or its duly authorised representative, on each copy.
The Seller and the Client are hereafter referred to as the “Parties”.
The Order constitutes a contract for the sale of a new vehicle of the Citroën brand which is identified on the front of this purchase order (hereafter referred to as “Vehicle”), with commitment to repurchase the said vehicle on part of the Seller.
However, on the request of the Client, the Seller can at any moment terminate its commitment to repurchase the vehicle. In this case, this sale becomes permanent. The transfer of ownership of the Vehicle will take place after complete payment to the Seller, by the Client, of the remainder of the price agreed upon between the Parties.
The Seller and/or its representative are not authorised representatives of AUTOMOBILES CITROËN (hereafter referred to as “the Manufacturer”). They are responsible as regards the Client, for the commitments made by them notwithstanding the legal, and if required, contractual liability of the Vehicle Manufacturer.
The Order is valid and the date is fixed, for the delivery and guarantee of fixed price of the Vehicle, only after the payment of a down payment, the amount of which is fixed on the front of this purchase order.
The Client, whose commitment is dependent on certain characteristics of the Vehicle, must mention this on the Order. The Seller is free to not accept this Order if it cannot guarantee the delivery of the Vehicle with these characteristics.
The Manufacturer reserves the right to make any modifications to its models that it deems appropriate and which depend especially on technological progress, without being obligated to apply these modifications to the vehicles that have already been delivered or for which orders have been placed, and without increasing the prices or modifying the quality of the said vehicles.
The Client is informed that the spare parts which are essential for using the Vehicle and are included in the Order will be available for 10 years from the delivery date. In case it so happens that these parts are not available during this period, the Manufacturer undertakes to offer a solution for repairs.
- The price of the Vehicle appearing on the Order is determined at the rate that is applicable on the date the order is placed.
This price is guaranteed till the end of the contractual period of delivery of the Vehicle, and in case this period is exceeded for a reason not attributable to the Client, till the Vehicle is actually provided, except if:
- the Client has expressly stated that he/she will refuse delivery of the Vehicle before 3 (three) months,
- the variation in prices is a result of technological or tax modifications imposed by the Public Authorities.
In both these cases:
-the price of the Vehicle will be determined at the rate that is applicable on the date of delivery,
- the Client can, if the price of the Vehicle is higher than that determined in the Order, claim application of Article 6.2 CANCELLATION, given below.
The guarantee of fixed price is applicable only to the Vehicle which is part of the Order.
- Taking into consideration the repurchase commitment of the Vehicle on part of the Seller mentioned in Article 5, it is agreed that the Client will pay the Seller, or if necessary the Seller’s representative, at the time of signing this purchase order, only a down payment, of which the amount is equal to the difference between the price of the Vehicle and its resale value as on the date of returning the Vehicle indicated overleaf of this purchase order.
In any event, the payment of the abovementioned down payment does not in any manner entail for the Client, the option of backing out in return for relinquishment of the said payment, except under the provisions of Article 6.3 given below.
The Client expressly authorises the Seller to use his/her bank details which are provided at the time of placing the Order and to debit his/her account for the remainder of the price of the Vehicle that is still due, mentioned on the front of this purchase order, if the Vehicle is not returned by the Client on the date of restitution stated on the front of this purchase order or any other later date agreed upon in writing by both Parties.
The Seller will not be required to pay any amount to the Client in case the latter requests advance restitution of the Vehicle as regards the restitution date stated on the front of the Order, unless provided for otherwise in Article 4.3 given below.
- The transfer of ownership of the vehicle is suspended till the complete payment of its price in compliance with Article 2367 of the Civil Code, and the transfer of risks takes place at the time of delivery of the vehicle such as defined in Article 3 DELIVERY given below.
- The delivery of the vehicle takes place at the location and dates indicated on the front of this purchase order.
However, in case there is a change in the order on request of the Client as well as in case of Force Majeure such as defined by the current Law and precedents in France or in case of events such as fire, floods, requisitioning, collective labour conflict, etc. that present characteristics of Force Majeure, concerning the Manufacturer, its suppliers or sub-contractors, or the Seller, the abovementioned delivery date shall be deferred to a later date agreed upon by the Parties.
Other than the cases mentioned above, the following cases are considered as being cases of Force Majeure:
- strikes, shut-downs, lock-outs that affect the Seller or its representative;
- interruptions in the means of transport, irrespective of the cause;
- legal or regulatory provisions (especially those concerning customs), in France or abroad, that affect the production, sale, free circulation or availability of the Vehicle.
- The Client is obligated to accept the delivery of the Vehicle at the date and time of delivery indicated on the front of the purchase order, unless the Parties have agreed upon a different delivery date.
The Client must be present at the delivery location during the working hours indicated by the Seller or its representative. Failing this, the delivery of the Vehicle is not guaranteed and the Seller cannot be held liable thereunder.
– In case the Client fails to comply with the provisions of Article 3.2 given above, the Seller can claim application of the provisions of Article 6.4 CANCELLATION given below.
- In case the delivery date mentioned previously by the Seller is exceeded, and subject to the cases stated in Article 3.1 mentioned above, the Client can cancel the Vehicle Order in compliance with the stipulations of Article 6.1 CANCELLATION given below, unless it reaches an agreement with the Seller regarding a mobility solution for replacing the effective delivery time of his/her Vehicle.
- The Client can acquire the Vehicle as per the import regime that consists of temporary exemption which he/she declares as being eligible for, in compliance with his/her status as declared on the front of this purchase order.
This Order is recorded within the context of the French regulations and Community Legislations in force. In case there is a change in the regulations, resulting in the modification of these general conditions of sale and warranty and/or this Order, each of the Parties will have the right, subject to the rights and duties stipulated in Articles 2 and 6, to cancel the Order, in return for compensation by the Seller to the Client of the down payment made at the time of signing the Order.
- The Vehicle is covered by a “comprehensive” automobile insurance policy without any exemptions. A summary of the insurance guarantees is submitted to the Client at the time of delivery of the Vehicle. This insurance comes into force on the planned delivery day stated on this purchase order at 00:00 hours and expires on the date of return stipulated on the front of the purchase order at midnight.
It also covers the expenses of repairs of the Vehicle as well as all damages caused to the vehicles of the involved third parties, within the limits of the insurance policy. It applies to all damages following a traffic accident, an act of vandalism, theft or attempted theft.
This insurance does not however cover theft or loss of personal belongings of the Client and/or passengers present in the Vehicle.
The medical expenses of the Vehicle passengers as well as of all third parties involved in the accident are covered in their entirety. As regards the driver of the Vehicle, the medical expenses will be borne to the extent of his/her liability in the accident (no bearing of expenses for 100% third party liability). In the latter case, the Driver Safety Warranty that is applicable.
In case a rented vehicle is offered to the Client as a replacement for the Vehicle, the abovementioned “comprehensive” insurance does not apply. The automobile insurance subscribed to by the rental agency will be applicable on the basis of the conditions described in the rental contract, signed and approved by the Client, who undertakes to comply with the clauses therein.
- Subject to prior and written agreement of the Seller, the Client can return the Vehicle before its restitution date indicated on the front of this purchase order. In case the Seller accepts this, the Client cannot claim any partial reimbursement of the already paid amounts, unless the following cumulative conditions can be proved:
- the initial duration of the contract such as resulting from the delivery and return dates of the Vehicle indicated on the front of the purchase order is also higher than 30 days;
- the advance restitution date is at least 7 days before the planned date.
In this case, the Client will receive compensation for the unused days, in compliance with the prevailing rate of the Seller, it being specified that irrespective of the circumstances causing this advance return, a minimum amount, corresponding to 21 days of the contract, will be retained.
- Subject to prior and written agreement of the Seller, the Client can return the Vehicle after its restitution date indicated on the front of this purchase order, in return for payment for the additional days of use of the Vehicle in compliance with the prevailing rate of the Seller, it being however specified that the total duration of use of the Vehicle cannot exceed the duration of validity of the registration certificate of the Vehicle in the “T” series.
- The seller undertakes to take back the vehicle from the Client at the latest on the date indicated on the front of this purchase order, subject to compliance with the provisions of Article 5.2 given below.
- The process of taking back the vehicle is subject to the following cumulative conditions:
- the Vehicle is returned to the Seller, or to a person appointed by it for this purpose, at the latest on the date of return and at the place indicated on the front of this purchase order, in a clean state and good functioning condition, as regards both, the mechanical aspect and bodyworks. To this end, the Client will refrain from participating in any rally or competition using the Vehicle and from making any modifications to the interior or exterior of the Vehicle. It is specified that the accessories will not be taken back by the Seller.
The Seller or any person appointed by it for this purpose will examine the vehicle at the time of its return.
- the Client has scrupulously complied with the instructions given in the maintenance manual of the Manufacturer;
- the Client has paid the estimated amount of repairs of the Vehicle which is communicated to him/her by the Seller, if damage has been observed during the abovementioned examination of the Vehicle, unless the insurance company with whom the automobile insurance policy stated in Article 4.2 has been taken out agrees to bear the expenses of the damages.
- the Client returns to the Seller or to any person appointed by it for this purpose, all documents related to the Vehicle and signs a certificate of sale; it being specified that the Vehicle cannot be taken back without its certificate of registration.
- The Client expressly authorises the Seller to use his/her bank details which are provided at the time of placing the Order and to debit his/her account in case of non-payment of the additional expenses observed during the process of taking back the Vehicle, i.e.:
- the expenses for repairing the Vehicle, observed during the abovementioned scrutiny,
- expenses for cleaning the Vehicle such as stated in Article 5.3 given below,
- expenses resulting from additional days of use, such as stated in Article 4.4,
- expenses related to the replacement of any part observed to have been missing at the time of returning the Vehicle.
It is specified that the Client must return the following:
- the registration certificate (registration document or CPI) of the Vehicle
- both keys of the vehicle
- the possible SD card
And leave inside the Vehicle, at the time of returning:
- the maintenance booklet of the Vehicle
- operating manual of the Vehicle
- the vest kit and warning triangle
- the expenses for repairs of the Vehicle that are not covered by the commercial warranties defined below,
- the expenses for renting the replacement vehicles, any exceedance of the cost of provision of replacement vehicles, beyond the amount of €915, if this provision takes place as part of CITROËN CHAMP DE MARS ASSISTANCE, and any other expenses not covered in CITROËN CHAMP DE MARS ASSISTANCE,
- any other expenses following the Client abandoning the Vehicle or replacement vehicles and not returning them at a place agreed upon with the Seller, especially expenses for returns outside of France,
- the amount of fines or sanctions of any type sent to the Seller for settlement following a violation of the Highway code by the Client. In this case, the Seller also has the right to provide the Client’s contact details to the competent authorities.
The Client is obligated to return the Vehicle in good functioning condition, as regards both, the mechanical aspect and bodyworks and in a clean state. An inventory of the Vehicle will be carried out at the time of the return, it being specified that the Client must provide the time required for this purpose.
Any vehicle returned in an unclean condition (animal fur, sand, sludge, stained upholstery, waste left in the Vehicle, etc.) will result in an invoice for complete cleaning, sent to the Client, for €80.
Notwithstanding any other right and actions which the Client may possess in accordance with the law and subject to the provisions of Article 3.4, and can in accordance with the provisions of Article L138-2 of the Consumer Code, in case the delivery date of the Vehicle is exceeded, cancel his/her Order through a registered letter with acknowledgement of receipt, or in writing on a different durable medium and demand compensation for payments already made, if after having made a demand under the same terms that the Seller should deliver the Vehicle within a reasonable additional period agreed upon jointly, and the Seller has failed to perform its duties in this regard.
In this case, the Order will be considered as cancelled when the Seller receives the written communication about this cancellation, unless it has not delivered the Vehicle in the meantime.
However, the Order can be cancelled immediately by the Client as per the abovementioned terms and conditions, in case the delivery period is exceeded, subject to having expressly informed the Seller during the Order that this period constitutes an essential condition for his/her signature.
– Similarly, in the cases stated in Article 2.1 given above, when the price of the Vehicle on the day of its delivery is higher than that determined in the Order, the Client can cancel this order and demand reimbursement of the payments already made. This right can be exercised by the Client, through registered letter with acknowledgement of receipt, within a period of 5 (five) working days to be counted from the time the Seller informs the Client of the new price.
-The Client can cancel the Order, through registered letter with acknowledgement of receipt, within the period mentioned below, it being specified that the amounts paid by the Client as part of the Order are reimbursed to him/her as soon as possible, after deduction of the cancellation fees, which are fixed at: €50 if the cancellation of the Order takes place more than 21 days before the delivery date of the Vehicle specified on the front of this purchase order, €300 if the cancellation of the Order takes place 21 days before the planned delivery date, €800 if the Vehicle is already registered in the name of the Client.
- The Seller can cancel the Order in accordance with the law and without informing, in compliance with Article 1657 of the Civil Code, if, 7 (seven) days after the delivery date stated on the front of the purchase order, the Client cannot take delivery of the Vehicle. In this case, the Client will be owed the amount of €800 as cancellation fees.
In case the Client can justify the existence of a case of Force Majeure such as defined by the law and French jurisprudence in force or another event that presents characteristics of Force Majeure, that has prevented him/her from taking delivery of the Vehicle on the date stated on the purchase order, the delivery of the Vehicle will be deferred to a date agreed jointly by the Parties. If an agreement is not reached between the Parties, the Client will consider the Order as cancelled, and will be then owed the fixed amount of €800.
Refer to the section CITROËN COMMERCIAL WARRANTIES of this document.
These general conditions of sale and warranty are exclusively governed by French law. In case of dispute between the Parties, all measures will be taken to resolve it amicably.
The choice of the competent court will be made in accordance with the rules of general French law.