Terms and conditions of sale

1.FORMATION OF THE CONTRACT

The buyer acknowledges having read the model general terms and conditions of sale made available to customers at the point of sale or on the website www.monmobilhome.com. The sale is firm and final. It is concluded on the date of acceptance of the order by the seller and, in the case of a credit sale governed by article L.311-2 of the French Consumer Code, on the date of definitive conclusion of the credit agreement. In the case of a credit sale governed by article L.311-2 of the French Consumer Code, and only in this case, the non-professional purchaser has a period of 7 days in which to cancel the loan contract, provided that the amount of the loan is less than the sum set in application of article L.311-3-2 paragraph of the French Consumer Code. The benefit of the order is personal to the buyer and cannot be transferred without the express agreement of the seller. All our offers are subject to the general terms and conditions of sale below and any order automatically implies the buyer's acceptance of these terms and conditions. In order to be enforceable, any waiver or modification of these conditions must be stipulated in writing and bear the signature of a person authorised to bind our company. Failure to exercise any right under these conditions shall not be deemed a waiver of any similar or other right under these conditions at a later date. The fact that a provision is null and void and unenforceable does not prevent the others from continuing to bind the parties. Transactions initiated by our representatives, verbal or telephone agreements are only valid after written confirmation from us. Consequently, the order cannot be considered firm until the date of its validation by signature of the sales manager of our company and, in the case of a credit sale, the date of the final conclusion of the sales contract in accordance with articles L.311-1 et seq. of the French Consumer Code. The equipment displayed, in whatever form, may not be used as a contractual basis. The manufacturers reserve the right to make any modifications or improvements to their models without prior notice and without any obligation to apply them to equipment already delivered or on order. All information in brochures, documents and advertising notices in any form whatsoever are for guidance only, unless they are expressly indicated as having contractual value. In addition, changes may be made to the characteristics of the goods to be delivered as a result of technical developments, provided that this does not result in an increase in price or a change in quality. However, no changes may be made to the characteristics that the purchaser has mentioned on the back of the special conditions as being characteristics to which he makes his commitment subject.

2. PRICE

The price mentioned on the commercial documents is net of any discount.

3. PAYMENT OF THE PRICE

Unless otherwise stipulated on the order form and accepted by the company, part of the price is payable in cash when the order is placed in the form of a deposit, and the balance when the vehicle is made available, prior to any registration formalities. It is expressly agreed that the sum paid by the purchaser at the time of the order constitutes a deposit. Consequently, without prejudice to the application of the provisions of article L.131-1 of the French Consumer Code, the deposit remains the property of the vendor as a penalty clause in the event of non-payment of the price by the purchaser on the agreed due dates, at the end of a period of 7 days from the date of formal notice by registered letter with recorded delivery which has remained unsuccessful.

4. CREDIT FINANCING

If the vehicle or leisure home is financed using credit governed by the provisions of article L.311-1 et seq. of the French Consumer Code, the non-business borrower has 7 days in which to request cancellation of the loan and obtain reimbursement of the deposit. The right to cancel only applies to loans granted for non-business purposes and for which the amount is less than the sum set in application of article L.311-3-2 paragraph et seq of the Consumer Code, i.e. €21,500 since decree no. 2001-96 of 02 February 2001. Where the purchaser intends to take out a loan for the purchase of a vehicle subject to the provisions of article L.311-20 et seq. of the French Consumer Code, the name of the credit institution is mentioned. The seller is only contractually bound once he has been informed of the customer's acceptance of the preliminary offer of credit and, where applicable, after payment of a deposit, the amount of which is the deposit that the purchaser intends to pay in cash. If the buyer chooses the financial institution proposed at the point of sale, the preliminary offer will be presented to him/her by the seller. If the purchaser chooses another financial institution, he/she will deal personally with that organisation for the preliminary offer. In this case, the buyer undertakes to send the seller a copy of the preliminary offer of credit that he has taken out within 48 hours. In addition, the purchaser undertakes to inform the seller within a maximum of 7 days from acceptance of the preliminary offer, whether or not the financial institution has accepted the purchaser's application and, if applicable, of the purchaser's right of withdrawal. If the seller fails to inform the financial institution within the aforementioned period, the sales contract is automatically terminated.

5. DELIVERY

Delivery takes place at the seller's premises. However, the Company may transport the customer's vehicle if so requested and invoiced. For this purpose, the Company may call on the services of an outside company or use its own vehicles. The customer must insure his vehicle against risks other than those associated with road transport. The Company cannot be held responsible for damage to a vehicle that has left the Company's premises. Therefore, as soon as the equipment leaves the company's premises, the purchaser assumes all risks of loss, theft and damage. The agreed delivery date is that indicated in the specific conditions of the order form. This date may be postponed for a period of 60 days upon written notification from the seller, specifying the reason(s) for the postponement: in the event of postponement, the new date will become the delivery deadline. The agreed delivery deadline is postponed in the event of force majeure for the duration of the event, it being specified that force majeure is defined as an unforeseeable event beyond the control of the seller that makes it impossible for the seller to fulfil its commitments, such as a strike, the failure of the manufacturer or carriers, or a natural disaster. The customer has the right to cancel the order in the cases and under the conditions defined by article L.114-1 of the French Consumer Code. Delivery is made by the seller by means of a notice of availability. The buyer must take delivery of the vehicle or leisure equipment within 48 hours of this notification. After this period, the seller may, by registered letter: a) invoice the buyer for garage costs in accordance with the current tariff, b) terminate the sale by notifying the buyer (the deposit paid will be retained by way of damages). This termination will be totally independent of any subsequent recourse if the seller's loss exceeds the amount of the deposit, c) dispose of the vehicle in favour of another customer, with delivery being postponed to a later date, and thus require the performance of this contract. d) initiate other procedures necessary to ensure that the buyer complies with his contractual obligations. e) opt either for compulsory performance of the sale or for its immediate termination by operation of law to the detriment of the buyer.

6. COMPENSATION

Any termination of the contract as a result of the buyer's failure to fulfil his obligations will give rise to compensation from our company. These damages are fixed at the amount of the deposit received at the time of the order, which will be retained. These provisions, which constitute a penalty clause, are without prejudice to any other rights that may be asserted before the competent court.

7. RETENTION OF TITLE CLAUSES

As an express exception to the provisions of article 1583 of the French Civil Code, although the purchaser assumes all the risks for which he undertakes to take out sufficient insurance, he does not become the owner of the equipment until the agreed price has been paid in full, plus any costs and penalties. In the event of non-payment by the due date of any sum due, or in the event of non-performance of any of the purchaser's commitments, the sale will be cancelled by operation of law without us having to carry out any legal formalities, eight days after a simple formal notice, sent by registered letter with acknowledgement of receipt, which has remained without effect. Should such an eventuality occur, the buyer authorises us to take back the equipment wherever it may be or undertakes to return it to our premises, these operations being carried out at the buyer's exclusive expense. Finally, the repossession of the goods claimed will impose on the purchaser the obligation to compensate for the loss resulting from the cancellation of the sale, from any depreciation and, in any event, from the unavailability of the goods concerned. Consequently, as a penalty clause, he will owe compensation set at 10% of the agreed price per month that the repossessed goods are held. If, as a result of the termination of the contract, we become indebted for any advance payments previously received, we shall be entitled to offset this debt against the claim arising from the application of the penalty clause stipulated above. Any dispute arising from the contract and these general terms and conditions of sale shall, in accordance with the provisions of the new code of civil procedure, fall within the jurisdiction of the courts of the defendant's domicile.

8. TRADE-IN OF AN OLD VEHICLE

When the contract includes the trade-in of an old vehicle, this trade-in is linked to the delivery of the new vehicle, for which it constitutes partial payment in kind. The customer therefore undertakes to deliver the old vehicle to the seller. When the order form stipulates the trade-in of old equipment, the amount of the trade-in is not definitively fixed until we have carried out an appraisal. This appraisal must be carried out, even at trade fairs, at our company's head office, where the equipment taken back must be sent by the customer at his own expense within 15 days. This return, which must be accompanied by all useful documents (maintenance manuals, invoices, etc.), is subject to delivery of the equipment ordered. Consequently, it is formally agreed that non-delivery, for whatever reason, automatically cancels the obligation to take back the equipment. The trade-in price proposed by the seller is determined in consideration of the description of the vehicle or leisure equipment habitat, specified in the special conditions of the present order form and, where applicable, in the descriptive statement attached to it. This description is an essential condition of the trade-in commitment. Unless the owner expressly declares otherwise, the old vehicle or leisure habitat, which is scheduled to be taken back, is deemed to be in a good state of repair, in compliance with safety regulations, and is accompanied by a technical inspection certificate that is less than 3 months old. when the trade-in price of the old vehicle, home or leisure equipment has been determined on the basis of the description drawn up by the customer and, at the time of delivery of the old vehicle, home or leisure equipment, it proves necessary to restore it to its original condition, the seller will present the customer with a restoration estimate. If, within three days of the presentation of this estimate, the customer does not accept the estimate, which will be deducted from the trade-in price, the customer will be deemed to have resold the vehicle and the trade-in agreement will be automatically terminated. Finally, if the official market value on the day the trade-in is accepted is different from the value used to value the old vehicle, home or leisure equipment, this depreciation will be taken into account to determine the final trade-in price. In the event that the old vehicle has been repossessed before the delivery date of the new vehicle, and that the sales contract for the new vehicle has not been fulfilled, the old vehicle will be: a) either reimbursed at the repossession price agreed on the purchase order, if it has been resold, b) or returned in the condition in which it is on the seller's premises if it has not been repaired since the date of sale. c) or returned in the same condition. In this case, the costs of restoring the item to its original condition will be invoiced to the purchaser, or reimbursed at the trade-in price agreed on the order form if the item has been resold, less any costs of restoring it to its original condition. In the case of the sale of old equipment, the price fixed on the order form is firm, definitive and valid for this equipment only.

9. GUARANTEE

Vehicles, habitats and leisure equipment are covered by the contractual warranty granted by the manufacturer on the one hand and by the airframe manufacturer on the other. The terms and conditions of this warranty are set out in a document attached at the time of delivery. The contractual warranty consists, at the seller's or manufacturer's discretion, either of the exchange or repair of parts found to be defective. It covers construction defects and faults, as well as materials. The contractual warranty does not apply: a) To tyres, accessories and equipment designated in the manufacturer's warranty certificate, b) In the event of modification of the vehicle and/or its equipment by the customer or by an unauthorised third party, c) In the event of use that does not comply with the manufacturer's instructions, d) In the event of faulty maintenance. The guarantee is excluded when the equipment has been transformed or modified outside the manufacturer's workshops or brand dealers. Repairs carried out under the contractual warranty may not give rise to an extension of the warranty period, subject to the application of article L.211-16 of the French Consumer Code. In any case, the customer benefits from the conformity of the goods to the contract provided for in articles L.211-1 et seq. of the French Consumer Code, as well as the legal guarantee against hidden defects provided for in articles 1641 et seq. of the French Civil Code, under the terms of which the professional seller is obliged to deliver goods that conform to the contract and to guarantee against defects in conformity and hidden defects in the goods covered by the contract. ARTICLE L.211-4 of the Consumer Code: The seller is obliged to deliver goods that conform to the contract and is liable for any lack of conformity that exists at the time of delivery. ARTICLE L.211-5 OF THE CONSUMER CODE: In order to conform to the contract, the goods must: 1° be fit for the purpose usually expected of similar goods, and where applicable: a) correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model, b) present the qualities that a buyer may legitimately expect having regard to the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; 2° or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter. ARTICLE L.211-12 of the French Consumer Code: Any action resulting from a lack of conformity must be brought within two years of delivery of the goods. ARTICLE 1641 of the French Civil Code: The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them. ARTICLE 1648 (first paragraph) of the Civil Code The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.

10. SPECIFIC CLAUSES: MOBILE-HOME OR RESIDENCES

The purchaser is hereby informed that the installation of a mobile home is governed by the provisions of articles R4444-3 et seq. of the town planning code, relating to light leisure dwellings; in this respect, the purchaser acknowledges that he/she has been informed of the risks associated with the installation of a mobile home on private land with regard to town planning regulations. The vehicle or mobile leisure home remains the property of the seller until full payment of the price (see clauses above).

11. MEDIATION

In accordance with article L. 612-1 of the French Consumer Code, within one year of submitting a written complaint, the consumer, subject to article L.152-2 of the French Consumer Code, may submit a request for amicable resolution by mediation to

SAS Médiation Solution
222 chemin de la bergerie 01800 Saint Jean de Niost
site : https://www.sasmediationsolution-conso.fr
email : contact@sasmediationsolution-conso.fr