Terms and conditions
These general conditions of sale apply to all orders for new or used vehicles, spare parts and services such as workshop repairs or towing, placed with our company TURBOTRUCKS LILLE (RCS LILLE 392 470 563) by its professional customers. The fact of placing an order implies that these general terms and conditions have been accepted by the customer without reservation. No divergent general terms and conditions of purchase may be opposed, these general terms and conditions of sale constituting the basis of negotiation between the parties.
ARTICLE 1 – ORDERS
Vehicle orders must be placed in writing. All orders must indicate the details of the products and/or work ordered (or, if applicable, the problem encountered by the customer requiring our company’s intervention) and be signed by the customer or his representative. Any person presenting him/herself as a representative will be considered as such by our company and will have the power to bind the customer. For vehicles, the order is recorded after written confirmation from our company and payment of a deposit set at twenty (20) % of the order price by the customer. For orders for workshop or store services, the order is taken into account when the work order or dispatch note is signed, and in any case when execution by our company begins. After registration, no cancellation or modification of the order may be made without the written agreement of our company. Such modifications may result in adjustments to prices and lead times. The deposit paid by the customer does not entitle him to withdraw from the order. In the event of cancellation of the order, the customer will be liable for a penalty corresponding to twenty (20) % of the order price (where applicable, the deposit will be retained by our company), without prejudice to additional compensation if the loss is greater (in particular in the case of an order for a customized or specific vehicle).
With regard to sales of tractors and rigids, in view of the current shortage of components, our company is only in a position to commit to the price of the vehicle if the estimated delivery date is less than four (4) months for tractors and six (6) months for rigids. Consequently, in the event of a longer delivery date, our company reserves the right to modify the selling price of the vehicle. In such a case, our company will send the customer a new order confirmation indicating the new selling price, at the latest four (4) months before the estimated delivery date for tractors and six (6) months before the estimated delivery date for rigids. The customer will then have the option of confirming the order at the new price or cancelling it within eight (8) days. If the customer decides to cancel the order, any deposit paid will be reimbursed and the customer will not be entitled to claim any additional compensation. In the absence of a reply within this period, the order will be confirmed and the new price considered as accepted.
Any quotations and proposals issued by our company are valid for fifteen (15) days from the date of issue. They are strictly personal to the customer and may not be transferred without the agreement of our company. All orders are accepted in consideration of the customer’s legal, financial and material situation. As a result, our company would be entitled to demand payment guarantees or to terminate the contract without compensation of any kind, if the said situation were to change between the order and delivery.
Please note that products are sold subject to reservation of title under the conditions set out in article 7.
ARTICLE 2 – PRICES AND TERMS OF PAYMENT
A) Price
Our prices are quoted in euros excluding VAT, and exclude freight, packing and other ancillary costs.
Prices are those in force when the order is placed, provided that the estimated delivery time for vehicles is less than four (4) months for tractors and six (6) months for rigids. In the event of a longer estimated delivery time, our company reserves the right to modify the selling price of the vehicle up to four (4) months before the estimated delivery date for tractors and six (6) months before the estimated delivery date for rigids, as indicated in Article 1.
Any commercial advantages granted by our company are applicable only if the customer is up to date with his obligations at the time of invoicing, and in the absence of any dispute between the parties.
B) Terms of payment
For vehicles, the customer pays a deposit corresponding to twenty (20) % of the price at the time of ordering. The balance of the price is paid in cash by bank transfer or credit card. Please note that the balance of the vehicle price is normally invoiced when the vehicle is registered. Consequently, if the vehicle is not registered within three (3) months of being placed at the disposal of the bodybuilder (for completion of the specifications requested by the customer), our company reserves the right to invoice the customer for the price of the chassis or a penalty of 1% per month of delay in invoicing.
In the case of services or spare parts, the price is payable in cash when the vehicle or part is delivered or made available.
C) Late or non-payment
In the event of total or partial non-payment of an invoice by the agreed due date, the customer will be liable for a penalty calculated on the basis of three (3) times the legal interest rate in force in France, and a flat-rate indemnity for collection costs of forty (40) euros. If the actual costs of litigation and collection incurred by our company (in particular collection company, bailiff, lawyer, legal action) exceed forty (40) euros, the customer will be liable for the additional costs incurred and justified. The corresponding invoice will be sent to the customer.
In the event of non-payment of an invoice on the due date, our company shall also be entitled to :
– suspend or terminate, after prior formal notice has remained ineffective, any order in progress, without prejudice to any other course of action;
– revoke any commercial advantages and terms of payment granted but not complied with; declare any other debt owed by the customer to be immediately due and payable.
D) Discount
No discount will be applied in the event of payment before the due date.
ARTICLE 3 – TRANSPORT – DELIVERY – AVAILABILITY – ACCEPTANCE
As an independent company, our company reserves the right to subcontract all or part of the customer’s order.
Our company is authorized to provide or deliver products or services in whole or in part.
At the customer’s discretion, products may be delivered to the address requested by the customer or made available for collection at our premises.
A) Transport – Delivery
The risks and perils are borne by the party organizing the transport.
In the event of damage or shortage, it is the responsibility of the customer or his representative to make all necessary observations on the delivery document and to confirm these reservations by registered letter with acknowledgement of receipt to the carrier within three (3) days of receipt of the products, in accordance with the provisions of article L. 133-8 of the French Commercial Code.
The words “subject to unpacking”, or any similar wording which does not expressly indicate the anomaly noted, cannot be interpreted as a valid handwritten reservation.
B) Delivery and lead times
Delivery times for vehicles or parts, and lead times for services, are indicative. They depend in particular on the availability of supplies and/or the use of any service providers or subcontractors. Consequently, in the absence of a firm deadline accepted in writing by us, no delay in delivery or performance may give rise to compensation or lead to total or partial cancellation of the order. Please note that the delivery period may also be suspended for reasons of force majeure, as indicated in article 5.2.
C) Ready for collection
In the event of collection of the vehicle by the customer, the latter is informed of the availability of the vehicle ordered (new or used) or repaired and must take delivery of it within 5 (five) working days. After this period, the customer will be charged a storage fee.
In the event of failure to collect the vehicle within one (1) month, the customer is informed that our company reserves the right to cancel the order, unless the customer has already paid the full price of the vehicle. Should the customer fail to do so, the order may be cancelled, and the deposit paid shall be retained by our company as compensation, in addition to any storage charges invoiced, without prejudice to any other course of action.
In the event of the vehicle being made available to the bodybuilder due to the customer’s specific requirements, our company must wait for the bodybuilder’s services to be completed and the vehicle to be registered before invoicing the customer. Consequently, beyond three (3) months after the vehicle has been made available to the bodybuilder by our company, we reserve the right to invoice the customer for the price of the chassis or a penalty of 1% per month of delay in invoicing.
D) Reception
The customer is obliged to take receipt of the products and services. He must therefore be present or represented at the place and time of delivery or provision, and sign the delivery note, work order, dispatch note or any other acceptance document submitted to him, the signature of any person present for acceptance then being deemed to bind the customer.
Acceptance entails the transfer of risk to the customer.
In the absence of a complaint formulated under the conditions of article 4, acceptance will be considered as conforming to the order, and no dispute relating to the apparent conformity of the products or services will subsequently be accepted.
In the event of repair work, once the vehicle has been handed over to the customer, the replaced parts will be destroyed unless the customer has previously requested their preservation and return.
ARTICLE 4 – CLAIMS – GUARANTEES
En cas de non-respect de la présente clause, aucune réclamation ou demande de prise en charge au titre de la garantie ne pourra être admise.
A) Claims
Complaints concerning defects or non-conformity of products or services must be made in accordance with the following conditions.
In the case of apparent defects or non-conformity of the products or services delivered in relation to the products or services ordered, the customer must formulate his complaint, in writing, :
– immediately upon receipt if the customer has opted to collect the products or services from our premises ;
– or within twenty-four (24) hours of receipt if the customer has opted for delivery, in addition to any reservations made with the carrier, a copy of which must be sent to our company.
With regard to hidden defects, complaints must be made to our company in writing within seven (7) days of discovery of the defect, and in any event within six (6) months of receipt of the products or services in question, unless otherwise stipulated below.
In all cases, the customer must send proof of the order, together with any justification as to the reality of the alleged defects and/or non-conformities, with the complaint. No product may be returned without the express prior agreement of our company.
Customers are reminded that they are professionals and have no right of withdrawal. All product returns must therefore be justified and in any event be subject to the express prior agreement of our company. Where applicable, products are returned at the customer’s expense and risk, in compliance with the conditions requested by our company.
In the event of a proven defect or non-conformity confirmed by our company, the latter may, at its discretion, either replace the product, repair it, or refund the customer in full or in part.
B) New vehicle manufacturer’s warranty
In the case of new vehicles, the customer benefits from the warranty offered by the manufacturer in accordance with the documentation given to him when the vehicle is delivered. The customer is invited to refer to the warranty conditions indicated therein. The customer undertakes to make any claims to our company and not to the manufacturer.
The customer may be asked to take out a maintenance contract to supplement the manufacturer’s warranty.
The customer is reminded that our company does not provide any other warranty.
With regard to used vehicles, and particularly in view of their price, these are supplied as is, and the customer does not benefit from any particular warranty. The customer is therefore advised to take out a maintenance contract and appropriate insurance.
C) Spare parts and assembly warranty
In the case of spare parts purchased from our company and assembled by us, the customer is entitled to a warranty of one (1) year from receipt, both on the part and on the assembly.
D) Warranty and liability exclusions
Any liability or guarantee on the part of our company is excluded:
– if the defect, non-conformity or damage results from intervention on the product by the customer or a third party,
– if the defect, non-conformity or damage results from normal wear and tear of the product,
– if the defect, non-conformity or damage results from negligence or lack of maintenance on the part of the customer;
– failure by the customer to comply with any instructions for use, storage and maintenance issued by our company or its suppliers;
– if the product or service is unsuitable to meet the customer’s specific requirements not expressly accepted by our company at the time of ordering;
– or if the defect or damage results from force majeure as defined in article 5.2 below.
ARTICLE 5 – LIMITATION OF LIABILITY – FORCE MAJEURE
5.1 Limitation of liability
Where our company is held liable as a result of a proven fault on its part, it can only compensate for direct, personal and definite damage suffered by the customer. The amount of damages and interest that our company might be required to pay under the aforementioned conditions would then be limited to the amount of the order, and in any event to the insurance ceiling.
5.2 Force majeure
One party cannot hold the other party liable, and its obligations will be suspended, in the event of force majeure. Force majeure is defined as any event that makes the performance of an obligation either impossible or manifestly more difficult due to its unforeseeable, irresistible or external nature, two of these three criteria being sufficient to characterize force majeure. In particular, the parties agree that the following events qualify as force majeure: fire, flood, epidemic, pandemic, administrative decision to close all or part of our company’s premises and/or to restrict its activity and/or that of its suppliers or subcontractors (in particular due to sanitary measures, confinement, etc.), total or partial strikes, etc.). ), total or partial transport strikes, paralysis of road or other transport routes, disruptions to energy supplies, blockages to telecommunications and computer networks, changes to regulations, delays or failures in the intervention of external service providers such as suppliers or subcontractors shortage of raw materials… as well as any other event considered by law or jurisprudence as a case of force majeure. In such a case, the party affected by the event undertakes to notify the other party as soon as possible and to make every effort to resume performance of its obligations. In any event, our company shall be duly paid for all work carried out and costs incurred in the execution of the order.
ARTICLE 6 – APPLICABLE LAW – JURISDICTION CLAUSE
The parties agree that their relations are subject to French law. The parties will endeavor to amicably resolve any disputes that may arise between them of any nature relating to the validity, interpretation, execution, or cancellation or termination of the order or their relations. Failing to reach an agreement, the Commercial Court within the jurisdiction where our establishment is located shall have exclusive jurisdiction. This jurisdiction shall apply even in the case of summary proceedings, incidental claims, or plurality of defendants, and regardless of the mode or terms of payment.
ARTICLE 7 – RESERVATION OF OWNERSHIP
In accordance with Law 80.335 of May 12, 1980, our company reserves the ownership of the products until their full payment by the customer. The customer undertakes, unless otherwise agreed in writing by our company, not to resell, pledge, or guarantee the products that are not fully paid. In case of non-payment on the due date, our company may demand the return of the products in question, at the exclusive expense of the customer who shall bear the costs of transportation, dismantling, fuel, etc. To enable such restitution, the customer undertakes to identify the products sold under reservation of ownership. It is reminded that the products are, until their complete payment, under the custody of the customer who must bear the risks and take all necessary measures to ensure their proper storage, use, and maintenance until the transfer of ownership (including insurance).
ARTICLE 8 – PERSONAL DATA PROTECTION
In the context of its commercial activities, our company collects and processes customers’ personal data in order to ensure the processing of orders, issue invoices, prevent defaults, potential disputes, and maintain a customer file. The customer is invited to refer to the “GDPR COMPLIANCE” conditions (GDPR Compliance – Regulation regarding the protection of personal data) of the group which can be consulted online on the webpage https://www.th-group.eu/fr/GDPR.
ARTICLE 9 – MARKETING ACTIVITIES AND SATISFACTION SURVEYS
The customer agrees that DAF (and its affiliated companies), as the manufacturer of the truck(s), may use the contact details provided to the DAF dealer by the customer during the purchase process to inform the customer about DAF’s products and services, which, according to DAF, may be of interest to the customer. Furthermore, DAF may contact the customer for customer satisfaction surveys.
If the customer does not wish to receive the aforementioned information or satisfaction surveys, the customer can inform DAF and/or the DAF dealer. Upon receiving this notice, DAF and the DAF dealer will cease to use the information for these purposes.