General terms of sale
General terms and conditions of sale and warranty applicable to tax-exempt vehicles
The order (hereafter referred to as the “Order”) is binding on the Parties provided that it includes on each copy:
- the Customer's signature (hereafter referred to as the “Customer”);
- the signature and commercial stamp of AUTOMOBILES PEUGEOT ISS 45 rue Jean Pierre Timbaud 78300 POISSY Établissement de Peugeot SA, acting under the commercial brand CAR-2-EUROPE (hereafter referred to as the “Seller”) or its duly appointed representative.
The Seller and the Customer will be collectively referred to as the "Parties."
The Order constitutes a contract for the sale of a new CITROËN, PEUGEOT or DS brand vehicle identified on the front of the order form (hereafter referred to as the “Vehicle”), with a commitment by the Seller to repurchase said Vehicle.
However, at the Customer's request, the Seller may at any time waive its commitment to repurchase the Vehicle. In which case, the sale will become final. Ownership of the Vehicle will be transferred upon full payment to the Seller by the Customer of the outstanding balance of the agreed price.
The Seller and/or its representative are not the agents of AUTOMOBILES PEUGEOT, a business corporation [société anonyme] whose head office is located at 2–10 boulevard de l'Europe 78300 POISSY, registered in the Versailles TCR under reference number 552 144 503. They are liable to the Customer for the commitments made by them, notwithstanding the legal and, where applicable, contractual liability of the Vehicle manufacturer.
1. Order
The Order is only valid and takes effect, for the delivery and price guarantee of the Vehicle, after payment of a deposit, the amount of which is set out on the front of the order form. The Customer who makes their commitment conditional on certain characteristics of the Vehicle must mention it in the Order. The Seller is entitled to reject the Order if it cannot guarantee delivery of the Vehicle with these characteristics.
In the event that the manufacturer makes modifications to the Vehicle, in particular to take account of technical developments, it undertakes not to alter the quality of the Vehicle or its price. Consequently, any changes made do not entitle the Customer to cancel the Order.
The Customer is informed that parts essential to the use of the Vehicle covered by the Order will be available for ten (10) years from the date of delivery. Should these parts become unavailable during this period, Automobiles Peugeot commits to offering a repair solution.
2. Price – Settlement
2.1 - The price of the Vehicle covered by the Order is that of the price list applicable on the date of the Order.
This price is guaranteed until the end of the contractual delivery period and, in the event of a delay not attributable to the Customer, until the Vehicle is made available, unless:
- the Customer has expressly stipulated that they will refuse delivery of the Vehicle within three (3) months;
- the price variation results from technical modifications or tax amendments imposed by the Public Authorities.
In both cases:
- the price of the Vehicle will be that of the tariff applicable on the day of its delivery;
- the Customer may, if the price of the Vehicle is higher than that stipulated in the Order, apply article 7.2 CANCELLATION below.
The price guarantee applies only to the Vehicle covered by the Order.
2.2 - Given the Seller's commitment to take back the Vehicle as mentioned in article 6, it is agreed that the Customer will only pay the Seller, or if applicable their representative, at the time of signing the order form, a deposit equal to the difference between the price of the Vehicle and its trade-in value on the date of return of the Vehicle indicated on the back of the order form.
In any case, payment of the above-mentioned deposit does not give the Customer the right to withdraw from the contract by waiving this payment, with the exception of the provisions contained in article 7.3 below.
The Customer expressly authorizes the Seller to use their bank details collected at the time of placing the Order and to debit their account for the outstanding balance of the Vehicle price, mentioned in the Order, in the absence of restitution of the Vehicle by the Customer on the restitution date stipulated on the front of the Order form or any other later date agreed in writing between the Parties. The Seller is not liable to the Customer for any amount in the event of the latter's request to return the Vehicle in advance of the restitution date stipulated on the front of the Order, unless otherwise provided for in article 4.3 below.
2.3 - In accordance with article 2367 of the French Civil Code, the transfer of ownership of the Vehicle is suspended until full payment has been made. The transfer of risks takes place upon actual delivery of the Vehicle, as defined in the article DELIVERY below.
3. Delivery
3.1 - Delivery of the Vehicle will take place at the location and on the dates indicated in the Order.
However, in the event of modification of the Order at the Customer's request, as well as in the event of force majeure as defined by current French law and jurisprudence, or an event such as fire, flood, requisition, collective labor dispute, etc. presenting the characteristics of force majeure, on the part of the manufacturer, its suppliers or subcontractors, or on the part of the Seller, the above-mentioned delivery date will be postponed to a later date agreed upon by the Parties.
In addition to the previously mentioned cases, the following are contractually considered to be force majeure events:
- Strikes, shutdowns, lockouts affecting the Seller or its representative;
- Disruptions to transportation services regardless of cause;
- French or foreign laws or regulations (including customs regulations) affecting the production, sale, free circulation, or availability of the Vehicle.
3.2 - The Customer is required to collect the Vehicle on the delivery date and location indicated in the Order, or as otherwise agreed by the Parties. The Customer must be present at the delivery location during the opening hours indicated by the Seller or his representative. Failing this, delivery of the Vehicle is not guaranteed, and the Seller may not be held liable in this respect.
3.3 - Should the Customer fail to comply with the provisions contained in article 3.2 above, the Seller may apply the provisions of article 7.4 CANCELLATION below.
3.4 - In the event of the Seller exceeding the previously mentioned delivery date, and subject to the cases referred to in article 3.1 above, the Customer may cancel the Order for the Vehicle in accordance with the stipulations of article 7.1 CANCELLATIONS below, unless the Customer and Seller agree in writing on an alternative transportation solution until the actual delivery of the Vehicle.
4. Special conditions relating to t series registration
4.1 - The Customer acquires the Vehicle under the temporary duty-free customs regime in accordance with their status as declared on the front of the order form.
This Order is registered in accordance with current French and Community legislation. In the event of a change in these regulations leading to a modification of the present general terms and conditions of sale and warranty and/or of the Order, each of the Parties will be entitled, under the reservation of the rights and obligations stipulated in Articles 2 and 7, to cancel the Order, subject to reimbursement by the Seller to the Customer of the deposit paid at the time of signing the Order.
4.2 - The Vehicle is covered by a comprehensive, zero-deductible auto insurance.
A summary of insurance coverage is given to the Customer upon delivery of the Vehicle. This insurance takes effect on the day of delivery stipulated in the order form at 0 hours and expires on the date of restitution stipulated on the front of the order form at midnight.
This includes the repair costs of the Vehicle, as well as any damage caused to the vehicles of third parties involved, within the limits of the insurance policy. It applies to any damage caused by road accidents, acts of vandalism, thefts, or attempted thefts.
However, this insurance does not cover the theft or loss of the Customer's and/or passengers' personal belongings contained in the Vehicle. Medical expenses incurred by the Vehicle's passengers and any third party involved in the accident are fully covered. The driver's medical expenses are also covered and will be reimbursed under Driver's Safety coverage in case of an at-fault accident.
In the event that a rental vehicle is offered to the Customer as a replacement for the Vehicle, the previously mentioned comprehensive insurance will not apply. The auto insurance taken out by the rental agency will apply according to the conditions described in the rental contract signed and approved by the Customer, who commits to respecting its clauses.
4.3 - Subject to the Seller's prior written agreement, the Customer may return the Vehicle before its restitution date indicated on page 1 of the Order. Should the Seller agree, the Customer may not claim any partial reimbursement of sums already paid unless the following cumulative conditions are met:
- The contract's initial duration, as resulting from the Vehicle delivery and restitution dates indicated on the front of the order form, is equal to or greater than fourteen (14) days;
- The date of early restitution is at least seven (7) days before the scheduled date.
In which case, the Customer will be reimbursed for the days not used, in accordance with the Seller's prevailing rate, it being specified that whatever the circumstances leading to the early restitution, a minimum amount corresponding to thirty (30) days of contract will be retained. A 20% administration fee will be deducted from any unused days. The rate used to calculate unused days will include updated rates for any duration-related promotions applied when calculating the initial contract amount.
4.4 - Subject to the Seller's prior written agreement, the Customer may return the Vehicle beyond its scheduled restitution date indicated on the front of the order form, against payment of the additional days of use of the Vehicle according to the Seller's prevailing rate, it being specified, however, that the total period of use of the Vehicle may not exceed the registration period of the T series Vehicle.
5. Travel terms and conditions
The Customer is permitted to use the Vehicle in the countries listed below. This list of countries is also the one in which the insurance, assistance and warranty associated with the Vehicle apply.
Austria, Belgium, Bulgaria, Croatia, Cyprus (Greek territory), Czech Republic, Denmark, Estonia, Finland, France (mainland and Corsica), Germany, Greece (mainland and Crete), Hungary, Ireland, Italy (including Sardinia and Sicily), Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal (including Madeira and the Azores), Principality of Andorra, Principality of Monaco, Romania, San Marino, Slovakia, Slovenia, Spain (including Balearic Islands and Canary Islands), Sweden, Switzerland, Vatican City. Temporary Transit (TT) vehicles are not permitted in the UK.
It is crucial for the Customer to comply with this list. Should there be any doubt, the Customer is advised to contact us directly before travelling.
The insurance cover is comprehensive and zero deductible, within the limits of authorized countries, unless otherwise specified in the contract. In the event of damage that does not require immediate repairs (cosmetic damage that does not affect the safety of the vehicle), you may return your vehicle in its current condition at the end of rental without charge, after notifying CAR-2-EUROPE by e-mail with a detailed statement to customer-care.tt@car2europe.com.
6. Vehicle repossession
6.1 - The Seller commits to take back the Vehicle from the Customer at the latest on the date indicated on page 1 of the order form, subject to compliance with the provisions of article 6.2 below.
6.2 - Vehicle repossession is subject to the following cumulative conditions:
- The Vehicle is returned in good mechanical and body condition and in a clean state to the Seller, or to any person appointed by the Seller for this purpose, no later than the date and place of restitution indicated on page 1 of the Order. A written inspection of the Vehicle is carried out on its return, for which the Customer must plan the necessary time. It is specified that accessories will not be collected by the Seller.
- The Customer has diligently complied with all instructions set out in the Vehicle's maintenance booklet; the Customer has refrained from making any improper use of the Vehicle, in particular from taking part in any rally or competition with the Vehicle and from making any internal or external modifications to the Vehicle.
- The Customer will pay the estimated cost of restoring the Vehicle, as communicated to him by the Seller, if any damage has been found during the aforementioned inspection of the Vehicle, unless the assumption of responsibility for the damage is accepted by the insurance company with which the auto insurance policy referred to in article 4.2 has been taken out. The Customer is also informed that if the Vehicle is returned unclean (pet hair, sand, mud, stained upholstery, garbage left in the Vehicle, etc.), a full cleaning will be invoiced to the Customer at a cost of eighty euros (€80).
- The Customer hands over all documents relating to the Vehicle to the Seller or to any person appointed by the Seller for this purpose, and signs a sale certificate, it being specified that the Vehicle may not be returned in the absence of its registration certificate.
- Repair expenses incurred during the above-mentioned inspection of the Vehicle;
- Cleaning expenses for the Vehicle as per article 6.2;
- Expenses arising from additional rental days as per article 4.4;
- Replacement expenses for any missing items upon restitution of the Vehicle. In this respect, it is specified that the Customer must return the Vehicle's registration certificate (registration card or provisional registration certificate) and the Vehicle's two (2) keys. In addition, they must leave in the Vehicle at the time of restitution the Vehicle's maintenance booklet, the Vehicle's instruction manual, as well as the safety jacket and emergency triangle kit;
- Expenses for repairs to the Vehicle not covered by the commercial warranties defined below;
- Replacement vehicle rental expenses, any excess of the cost of providing replacement vehicles over the sum of one thousand euros (€1000) if this provision is made within the framework of CAR-2-EUROPE, and any other expenses not covered within the framework of CAR-2-EUROPE;
- Any other expenses incurred as a result of the Customer abandoning the Vehicle or replacement vehicles and failing to return them to a location agreed upon with the Seller, in particular the cost of returning the Vehicle from outside France;
- The number of any fines or tickets of any kind sent to the Seller for payment following a violation of traffic laws by the Customer. In such an event, the Seller also reserves the right to communicate the Customer's contact information to the competent authorities.
7. Cancellation
3.4, the Customer may, in accordance with the provisions of Article L216-2 of the French Consumer Code, in the event of the Vehicle delivery date being exceeded, cancel its Order by registered letter with acknowledgement of receipt, or by a written document on another durable medium, and demand reimbursement of any payments already made, if, after having demanded by the same means that the Seller delivers the Vehicle within a reasonable additional period mutually agreed upon, the Seller has not complied.
In which case, the Order will be considered cancelled upon receipt by the Seller of written notice of such cancelation unless the Seller has delivered the Vehicle, in the meantime.
However, the Order may be cancelled immediately by the Customer in accordance with the aforementioned clauses, should the delivery deadline be exceeded, provided that the Customer has expressly indicated to the Seller at the time of the Order that this deadline constitutes an essential condition for its signature.
7.2 - Likewise, in the cases referred to in article 2.1 above, if the price of the Vehicle on the day of its delivery is higher than that set out in the Order, the Customer may cancel the Order and demand a refund of any payments already made. This right must be exercised by the Customer, by registered letter with acknowledgement of receipt, within five (5) business days of being informed by the Seller of the new price.
7.3 - The Customer may cancel the Order, by registered letter with acknowledgement of receipt, within the time limits set out below, it being specified that the sums paid by the Customer for the Order will be reimbursed as soon as possible, after deduction of a fixed cancelation fee of €1000 if the vehicle is already registered, or €300 for a non-registered vehicle, for a cancelation requested within thirty (30) days of departure. If cancelation is requested more than 30 days before departure, no cancelation fee will be applied, and the Customer will receive a full refund of any amounts paid.
7.4 - The Seller is entitled to cancel the Order without notice, in accordance with Article 1657 of the French Civil Code, if the Customer has not taken possession of the Vehicle seven (7) days after the delivery date specified on page 1 of the Order. In which case, the Customer will be liable to pay a cancelation fee of €1000.
In the event where the Customer justifies the occurrence of a force majeure event as defined by current French law and jurisprudence, or of an event presenting the characteristics of force majeure having prevented them from taking possession of the Vehicle on the date specified in the order form, delivery of the Vehicle will be postponed to a date agreed upon by the Parties. Failing agreement between the Parties, the Order will be considered cancelled by the Customer, who will be liable for the fixed sum of €1000.
8. General terms and conditions of Citroën, Peugeot and DS commercial warranties
To review the General Conditions of the Citroën Commercial Warranties, please refer to the CITROËN COMMERCIAL WARRANTY section of the Citroën order form.
To review the General Conditions of the Peugeot Commercial Warranties, please refer to the PEUGEOT COMMERCIAL WARRANTY section of the Peugeot order form.
To review the General Conditions of the DS Commercial Warranties, please refer to the DS COMMERCIAL WARRANTY section of the DS order form.
9. Customer contact center
10. Applicable law - disputes - consumer mediation
These terms and conditions of sale and Vehicle warranty are governed exclusively by French law. In the event of a dispute between the Parties, they will do their best to resolve it amicably.
In the absence of an amicable agreement, the consuming Customer is informed, in accordance with article L.211-3 of the French Consumer Code, that before taking the matter to the competent legal courts and following a written complaint to CAR-2-EUROPE (in accordance with the procedures described in article 9 CUSTOMER CONTACT CENTRE), they may take the matter free of charge to a mediator registered on the list of mediators drawn up by the “Commission d’évaluation et de contrôle de la médiation de la consummation” in application of article L.615-1 of the French Consumer Code, i.e., Médiation CMFM, by writing to them at the following address: Médiation Cmfm, 21 rue des Malmaisons - 75013 Paris or on the website mediationcmfm.eu.
The consuming Customer remains free to accept or refuse recourse to mediation and, in the event of recourse to mediation, each party is free to accept or refuse the solution proposed by the mediator.
In the absence of an amicable agreement, recourse to mediation or acceptance by the parties of the solution proposed by the mediator, any dispute between a consuming Customer and Automobiles Peugeot or the Seller of the Vehicle will be brought before the court in accordance with the rules of common law.
In the event of a dispute between the Seller, Automobiles Peugeot, and a commercial Customer that has not been amicably resolved, referral to a mediator will not be possible and the only competent courts will be those having jurisdiction over their registered offices.
11. Translation
This English translation is provided for the customer's convenience.
In case of discrepancy or contradiction between the French version and its English translation, the French version prevails and is considered the authoritative text.
The English version is provided for information purposes only and should not be used to interpret the provisions of this contract.
You can obtain the French version of the contract on the CAR-2-EUROPE website at www.car2europe.com/conditions-generales-vente.