Terms and conditions
The prices, exclusive of tax, agreed with the buyer and indicated on the order form are firm and final. The price of legally binding equipment fixed permanently is deemed to be included in the advertised price.
2. Date or delivery time
2.1 The seller is required to indicate the delivery deadline on the order form. In the absence of such a date, the seller must deliver the vehicle without delay and no later than 30 days after the date of conclusion of the contract.
2.2 The precise date or time of delivery is strictly applicable. The delivery period begins the day following the day on which the purchase order is signed by the buyer.
2.3 Except in the event of force majeure, when the seller cannot meet this delivery deadline, the buyer can: a) immediately terminate the contract when the delivery date is essential for him and has thus been included in the contract of sale; b) propose a new delivery period adapted to the circumstances, and immediately terminate the contract when the vehicle is not delivered at the expiration of this new period.
2.4 Except in the event of force majeure, if this period is exceeded, the buyer may terminate the contract by registered letter, without prior notice and without prejudice to compensation corresponding to the damage actually suffered, however limited to 15% of the total selling price of the vehicle.
2.5 In the event of termination, all sums already paid under this contract will be reimbursed within 14 calendar days of receipt of notification of this termination.
2.6 Upon notification of the termination of the sale, the seller may dispose of the vehicle for the benefit of a third party and the buyer may apply to another seller.
3.1 The vehicle is delivered to the seller's headquarters, unless otherwise agreed in writing.
3.2 If the buyer refuses to take delivery of the vehicle on the date or within the agreed delivery period, the seller has the right, after 10 calendar days from the filing of a registered letter of formal notice, unless the buyer proves that the failure to take possession of the vehicle is due to a case of force majeure: - to claim garage costs and / or; - resolve the sale and claim compensation corresponding to the damage actually suffered, however limited to 15% of the total sale price of the vehicle.
3.3 If the production of the ordered vehicle were to be discontinued, the sale is automatically terminated.
3.4 The buyer assumes all risks relating to the vehicle from its actual delivery in accordance with Article 5.2 below.
4.1 Without prejudice to the provisions of Book VII of the Code of Economic Law on consumer credit, the seller may not require the payment of a deposit exceeding 15% of the total sale price of the vehicle.
4.2 Full payment, or the balance in the case of payment of a deposit, is made in cash at the time of delivery, unless expressly agreed otherwise. The seller can choose to withhold the vehicle until full payment.
4.3 In the absence of full payment on delivery, the balance automatically bears interest at the legal rate without notice.
4.4 In addition, if payment has not been made within 10 calendar days from the date of filing a registered letter of formal notice, the seller may terminate the sale by registered letter addressed to the buyer. In this case, the buyer will be liable, without prejudice to the interests mentioned above, to the seller, for compensation corresponding to the damage actually suffered but limited to a maximum of 15% of the total sale price of the vehicle.
5. Transfer of ownership and risks
5.1 The vehicle remains the property of the seller until full payment of the price.
5.2 In accordance with article VI.44 of the Code of Economic Law, the risk of loss or damage to the vehicle is transferred to the consumer as soon as the latter or the person he has designated and who is not the transporter, takes physical possession of the self-propelled vehicle.
5.3 When the contract provides for the shipment of the self-propelled vehicle, the risk of loss or damage to the self-propelled vehicle is transferred to the consumer at the time of delivery to the transporter who has been charged by the consumer with the transport and to the extent that the choice of this carrier was not offered by the company.
6. Production process
The purchaser acknowledges being informed and accepting the evolving process of production, techniques, technology and design in the automotive sector, so that some details may differ from the model ordered. These modifications will not, however, affect the specific characteristics and / or special use sought by the purchaser as mentioned on the face of the order form.
7.1 Legal warranty:
In accordance with articles 1649 bis to 1649 octies of the Civil Code, the seller responds to the buyer for any lack of conformity which exists when the vehicle is delivered and which appears within two years. from this one. After expiry of the guarantee as mentioned in paragraph 1, the buyer benefits from the legal guarantee against hidden defects as specified in articles 1641 to 1649 of the Civil Code if the hidden defect existed at the time delivery and if the hidden defect renders the vehicle unfit for the use for which it is intended or significantly reduces its use Any lack of conformity must be notified by registered letter to the seller within two months from the time when the buyer has noticed it. Any hidden defect must be notified by registered letter to the seller within two months from the time when the buyer noticed it or should normally have noticed it. The buyer agrees to do everything necessary not to aggravate the damage, refraining from using the vehicle if necessary. Otherwise, this aggravation will be taken into account to determine the degree of intervention of the seller. The legal warranty is maintained for the buyer even in cases where the latter has his vehicle repaired or maintained, according to the instructions of the automobile manufacturer, outside the network of repairers approved by this automobile manufacturer.
7.2 Conventional warranty: The terms of the manufacturer's conventional warranty can be found on the brand's Belgian website and which the buyer acknowledges having read and accepted them. It begins on the day the vehicle is delivered to the buyer. The manufacturer's warranty interventions can be obtained from the seller and / or from any authorized repairer of the brand established in the European Economic Area.
8. Funding and opt-out
8.1 Where applicable, the financing shall apply in accordance with the Code of Economic Law relating to consumer credit, and particularly its Article VII 83 which concerns the right of waiver. In the event of financing by the seller or through the seller, this will be mentioned on the front of the sales contract.
8.2 If it is provided on the face of the sales contract that the sale was concluded under the condition precedent of the granting of financing, without intervention by the seller in the conclusion of this contract and if this financing is refused by the establishment of credit, the buyer must notify the seller within 8 calendar days. In addition, written proof of this refusal of financing must be reported by letter sent to the seller within one month of signing the order form. Any deposit paid will, in this case, be refunded without undue delay and no later than 14 calendar days after receipt of this written proof. In the absence of proof provided within the aforementioned period, the seller may claim from the buyer compensation limited to 15% of the total sale price of the vehicle.
8.3 Sales at shows, fairs and exhibitions provided that payment does not take place in cash are also governed by Book XIV article 41 et seq. Of the Code of Economic Law with regard to the cooling-off period.
9. Trade-in of a used vehicle
9.1 When the order form stipulates the take-back of a used vehicle, this take-back is subject to the delivery and payment of a new vehicle and proof that the buyer owns the vehicle to be taken back and that all obligations relating to its possible financing have been fulfilled.
9.2 The trade-in value of the used vehicle, agreed upon when ordering the new vehicle is final provided that the condition of the used vehicle, at the time of its delivery by the buyer is, with the exception of details minimal and non-essential for the seller, fully in accordance with the description given in the order form or in a document annexed thereto and which forms an integral part thereof.
9.3 However, the decrease in the value of the vehicle to be taken back, following a delay in delivery of the vehicle sold to the buyer, is the responsibility of the seller.
10. Manufacturer's documents
Any document from the manufacturer, mentioning the characteristics of the vehicle ordered, bearing the stamp or signature of the seller, and attached to the order form, is deemed to be part of the order form to which it is attached.
11. Force majeure
The party invoking a case of force majeure informs the other within 8 calendar days of its knowledge of the event by registered letter.
In the foregoing provisions, the recommended form of writing is only provided on a probationary basis.
13. Litigation and jurisdiction of the courts
13.1 In the event of a dispute, the seller and the buyer undertake to do their utmost to reach an amicable settlement. In the absence of an amicable agreement, the dispute may, at the request of one of the parties, without prejudice to legal action, be submitted to the AUTOMOTO Conciliation Commission, approved by the FPS Economy. The seat of the AUTOMOTO Conciliation Commission and its secretariat are established: Avenue Jules Bordet 164 - 1140 Brussels - Tel: 02 / 778.62.47 Fax: 02 / 778.62.22 - e-mail: email@example.com. All regulations, forms and documents are accessible on the Commission's website (www.conciliationautomoto.be). They can also be transmitted in writing or in another durable medium.
13.2 In the event of a dispute, the following judges are, at the choice of the plaintiff, competent to hear the claim: 1) the judge of the domicile of the defendant or one of the defendants; 2) the judge of the place in which the obligations in dispute or one of them arose or in which they are, have been or must be performed, 3) the judge of the domicile of the buyer.
13.3 In the event of a complaint or question relating to this contract, the buyer can contact his seller whose contact details are given on the front of the order form.
14. Processing of personal data
14.1 The personal data collected about you are processed in accordance with the applicable legal provisions. S.A. D’Ieteren N.V., BCE 0403.448.140, rue du Mail, 50, 1050 Brussels, is responsible for processing this data. Any questions on this subject can be addressed by post to S.A. D’Ieteren N.V., and also electronically to: firstname.lastname@example.org.
14.2 Information concerning the types of data processed, the processing purposes and the exercise of your rights in this area (right of access, right to data portability, right of rectification, right to be forgotten, right to opposition to direct marketing, right to lodge a complaint with the authority) can be obtained in writing, on simple request, by letter addressed to SA D'Ieteren NV, and are available on the website www.dieteren.be/ en / privacypolicy.
15. Rallies and competitions
The buyer undertakes not to take part, directly or indirectly, with the vehicle sold in non-tourist rallies, competitions and in general in anything that is contrary to normal use of the vehicle or to do any publicity concerning this without the prior consent of the importer, under penalty of forfeiting the contractual guarantee.
16. Quality and buyer's commitment
16.1 These general conditions apply in full provided that the buyer is a consumer within the meaning of the Code of Economic Law, i.e. insofar as the buyer acquires or uses the vehicle covered by the this sales contract for purposes excluding any professional or commercial nature.
16.2 In all cases where the buyer is not a consumer within the meaning of article 16.1 above, these general conditions apply with the exception of the following articles: 1, 2.2,2.3, 4.1, 7.1 , 8.1, 8.2, 8.3, 9.3, 13.1 and 13.2. In such a case: - The prices indicated on the front of the sales contract are likely to be increased in the event of a change in the catalog price recommended by the importer or the manufacturer; - the date or delivery time is always given for information only and without any firm commitment from the seller; - Article 7 is completed as follows: "Conformity and apparent defects". “Visible defects in the paint, bodywork and interior fittings must be reported without delay and by registered letter to the seller. The other apparent defects must be notified by registered letter to the seller at the latest within 10 calendar days from delivery ”. - Article 7.1 is replaced by the following provision: “The buyer benefits from the legal guarantee against hidden defects as specified in articles 1641 to 1649 of the Civil Code if the hidden defect existed at the time of delivery and if the hidden defect renders the vehicle unfit for the use for which it is intended or significantly reduces its use. - Any hidden defect must be notified by registered letter to the seller within two months of the time when the buyer noticed it or should normally have noticed it - The judges of the domicile or the registered office of the seller are exclusively competent .
16.3 The buyer expressly undertakes to acquire the vehicle ordered for his personal use or for the purposes of hiring or leasing and not to resell it in new condition for commercial purposes, that is to say with the intention of making a profit. If the buyer does not respect this commitment, the seller reserves the right: - either to consider the sale as canceled without the seller being required to pay any compensation; - or to claim from the buyer compensation representing 10% of the purchase price of the vehicle; - or to suspend the execution of any other order in progress until the buyer has confirmed his commitment to comply with the above-mentioned obligation with regard to the other vehicles ordered.