FRENCH GENERAL TERMS OF SALE
GENERAL TERMS OF SALE
1. Preamble :
Europcar International SASU, whose registered address is Bat OP, 2, rue René Caudron, 78960 Voisins-le-Bretonneux, France, provides a platform on its web site, www.2ndmove.eu, enabling users to reserve or to purchase online a wide range of second-hand vehicles, depending on their profile.
Please click on the following link for the full contact details of Europcar Legal mentions.
Only consumers, non-professionals and employees of the Europcar group can reserve our vehicles, in keeping with the General Terms of Reservation which can be viewed at the following address General Terms of Reservation.
Only professionals can buy the vehicles offered on the platform directly online, in keeping with the following terms and conditions:
2. Definitions :
Throughout these General Terms of Sale, the following terms shall have the meaning that is imparted to them below.
|T&Cs||Shall mean these general terms of sale.|
Shall mean Europcar International SASU, whose details are set out in the preamble above.
|Europcar Operational Entity||Shall mean Europcar France SAS, with a shareholder capital of 10.880.000 euros, which registered office is located “Parc d’Affaires Le Val St. Quentin”, Bat L, 2, rue René Caudron, 78960 Voisins-le-Bretonneux, France, registered under the number 305 656 847 before the Trade and Companies Registry of Versailles.|
Shall mean the offer that You can make to purchase a Vehicle at its own price during a fixed Period of Sale.
|Period of Sale||
Shall mean the limited period of time that You will have to make a Purchasing Offer on a Vehicle, reduce or increase it.
Shall mean the Platform that is available on the www.2ndmove.eu web site and that enables users to reserve or purchase a wide range of second-hand Vehicles, depending on their profile.
|2ndMove Web Site||Shall mean the www.2ndmove.eu web site.|
|Vehicle||Shall mean a vehicle belonging to the Seller and offered for sale on the Platform.|
|Seller||Shall mean any partner company which owns the Vehicle and on whose behalf the Europcar Operational Entity acts as a sales agent.|
Shall mean the professional buyer who wishes to acquire a second-hand Vehicle or a damaged second-hand Vehicle at its proposed price through the Platform or by making a Purchasing Offer.
3. Subject-matter – Scope :
These T&Cs shall apply exclusively to the relationship between the Seller and any professional buyers who wish to acquire a second-hand Vehicle or a damaged second-hand Vehicle via the Platform. They therefore govern solely the relationship between the Seller and professional buyers as opposed to consumers or non-professionals.
Given that these T&Cs may be modified at any moment in time, the terms that are applicable to a given sale shall be those that are in force on the date on which You place your order or You made your Purchasing Offer on the Platform.
The T&Cs can be accessed by clicking on the hypertext link shown at the bottom of each page of the 2ndMove Web Site. We recommend that You read them, print them out and retain a copy.
By placing an order via the Platform and clicking on the “BUY” icon or by making a Purchasing Offer and clicking on the “Make an Offer” icon, You imply your full and unreserved acceptance of these T&Cs.
4. Stages in the formation of the contract for sale :
4.1 Creating a “My 2ndMove” account
In order to buy a second-hand Vehicle or a damaged Vehicle via the Platform, You must first register on the 2ndMove Web Site and create a “My 2ndMove” account.
Registration on the 2ndMove Web Site is free of charge and without any obligation.
Applications for registration on the 2ndMove Web Site must be submitted via an online form which is available at the following address Registration form.
You must register on the 2ndMove Web Site by carefully filling in the form that is made available to You and selecting an identifier consisting of a valid e-mail address as well as a password of your choosing.
Once You have registered on the 2ndMove Web Site, You will receive a welcome e-mail which will be sent to the e-mail address that you provided.
You can only open a single account in your name.
4.2 The ordering process
In order to purchase a Vehicle via the Platform, please follow the steps shown below:
To begin with, as a professional buyer, in order gain access to our offers for professionals, You must identify yourself by keying in your e-mail address and your password. If you have not yet done so, You will need to open a “My 2ndMove” account in accordance with the provisions of article 4.1 above.
(ii) Selection criteria of the Vehicle
Key in your criteria into the online form, including the make of the Vehicle, the model and any other useful information, such as the price, the mileage, the colour that you are after, etc., and click on the “SEARCH” icon.
(iii) The 2ndMove by Europcar offer
Should one or more of the Vehicles that are in stock match your criteria, these Vehicles will be displayed.
Should You be interested in purchasing one of the Vehicles on display, simply select this Vehicle.
Then you can:
- either click on the “BUY” icon to purchase the Vehicle at its price proposed on the Platform.
- either click on the “Make an Offer” icon to make a Purchasing Offer on the Vehicle during the mentioned Period of Sale by submitting the price that You intend to pay, it is being specified that You know neither the reserve price set by the Seller or the other potential Purchasing Offer submitted by other users.
By issuing a Purchasing Offer, You agree to purchase the Vehicle if your Purchasing Offer is accepted after the Period of Sale. The Europcar Operational Entity is free at the end of the Period of Sale, to choose the buyer to which the Vehicle is sold.
The Vehicle will then be added to your “basket” and you will be asked to confirm your purchase or your Purchase Offer once again after confirming your acceptance of these T&Cs by ticking the box “I have read the General Terms of Sale and accept them without reservations”.
(iv) Confirmation e-mail
You will receive a confirmation of your order or of your Purchase Offer by e-mail setting out the details of your purchase or your Purchase Offer, if any.
If it is a Purchase Offer, You will be informed by email of the consideration of this Purchase Offer.
At the end of the Period of Sale, You will receive a confirmation email indicating You if your Purchase Offer has been accepted or not.
Europcar and/or the Europcar Operational Entity which holds the Vehicle shall be entitled to reject any orders in the event of a breach of any of your obligations, and in general to turn down any order that it considers to be abnormal for any reason whatsoever.
We therefore recommend that You check that your order or Purchase Offer has been duly received and confirmed by e-mail and that You contact our Customer Service unit in case of any problems (see article 17 below).
(v) Sending of the order form and of the invoice
If You buy the vehicle directly to the proposed price on the 2ndMove Website or if your Purchase Offer has been accepted by the Operational Entity Europcar, an order form and an invoice will be sent to You by e-mail by the relevant 2ndMove by Europcar sales centre. The Seller shall only be bound by an obligation towards You as of the sending of the order form.
The order form should be signed and returned to the 2ndMove by Europcar sales center within two (2) days following receipt.
Failing receipt of the signed order form within the abovementioned timescale, Europcar Operational Entity may cancel as of right and without other formalities the order and the Vehicle may be relisted for sale and reservation on the Platform, without any compensation.
You must pay for the Vehicle within seven (7) days following receipt of the invoice mentioned in point (vi) above.
Should the agreed price not be paid in full within the allotted timescale, the Seller shall be entitled cancel as of right and without other formalities the sell and to relist the Vehicle for sale and reservation on the Platform or to maintain the sell. The Seller recommends that You carefully read article 7 of these T&Cs concerning this point.
(vii) Arranging a meeting and drawing up the official documents
The 2ndMove by Europcar sales center will contact You upon receipt of your payment:
- to arrange a meeting so as to enable You to take possession of the Vehicle; and
- to secure all the information required to print out and provide to You the official documents needed for the transfer of the Vehicle.
(viii) Taking possession of the Vehicle
You commit yourself to come to take possession of the Vehicle within 5 days following the date on which you were contacted by the 2ndMove by Europcar sales center. Failing this, the penalty mentioned in article 12 may be applied.
The prices of the Vehicles :
- In case of purchasing of the Vehicle at the price offered on the 2ndMove Website, the price mentioned upon the placing of an order and confirmed in the confirmation email.
- In case of Purchasing Offer, the price that You have proposed and that was accepted by the Europcar Operational Entity at the end of the Period of Sale. This price will also be confirmed into the confirmation email.
They shall be quoted in euros, excluding all taxes, unless otherwise specified.
6. Terms of payment :
Payment must be made:
- Either by cheque;
- Or by bank transfer to the account whose details are shown on the invoice.
Any other means of payment shall be rejected, unless the Europcar Operational Entity agrees otherwise in writing.
7. Payment deadline:
As indicated in article 4.2 (vii), payment must take place within seven (7) days following receipt of the invoice.
In case of late payment, the Europcar Operational Entity shall send You an e-mail asking you to regularise your situation within two (2) days.
Should You fail to regularise your situation within the abovementioned timescale, the Seller, represented by the Europcar Operational Entity, may, at its discretion:
- rescind the sale, without the need to judicial proceedings, if You not have paid the price in full within thirty (30) days following the sending of a summons to pay by registered post with acknowledgement of receipt. Should this be the case, if You have already paid part of the price, the Seller may keep the moneys paid as compensation; or
- enforce the sale and request payment of the price, including penalties for lateness accruing as of the day following the expiry of the payment deadline shown on the invoice, levied at the interest rate applied by the European Central Bank to its most recent refinancing operation plus ten (10) percentage points, as well as fixed compensation forty (40) euros for debt recovery costs, notwithstanding the right to claim additional compensation on presentation of suitable evidence should the debt recovery costs be higher than this fixed penalty. The penalties for lateness and this fixed penalty shall be due without any reminder needing to be issued.
8. Rebate for early payment:
No rebate shall be granted in case of early payment.
9. Retention of title :
The Vehicles shall remain the property of the Seller until full payment of the agreed price, plus any ancillary moneys that may be due. This clause does not imply a departure from the provisions of the Civil Code concerning the transfer of the risks.
The Seller does not extent any commercial warranty over the Vehicles.
Buyers which are members of the motor vehicle trade (garage operator, dealership, professional reseller, breakers’ yard, etc.) are deemed to have the technical know-how required to detect any hidden defects. The buyer therefore expressly acknowledges and accepts the exclusion of the warranty against hidden defects stipulated by articles 1641 et seq. of the Civil Code.
11. Limitation of liability :
The Seller’s liability towards a professional buyer under the contract of sale shall be limited to the sale price paid for the acquisition of the Vehicle.
Given that Europcar and the Europcar Operational Entity are acting as mere intermediaries in the sale, they hereby disclaim any liability in connection with the contract of sale.
12. Penalty for failing to take possession of the Vehicle:
As indicated in article 4.2 (ix), unless the Europcar Operational Entity expressly agrees otherwise, or in case of circumstances of force majeure, You must take possession of the Vehicle within 5 days.
Failing this, a penalty for lateness amounting to 10 € per day of delay may be invoiced to You by the Europcar Operational Entity, notwithstanding the right of the Seller to petition the courts for rescission of the contract of sale at your sole expense.
No returns of Vehicles shall be permitted, unless exceptionally agreed in writing by the Seller.
14. Force majeure :
In case of non-performance of any of the parties’ obligations of these T&Cs, the party that failed to perform its obligation shall not be considered as having defaulted nor shall it have to pay any compensation if the performance of the obligation was made impossible by circumstances of force majeure, understood as an external, unpredictable event which is impossible to resist, as defined by the case law.
Force majeure may not however be invoked to block or significantly delay the performance of an obligation to pay.
The performance of the contract of sale shall be entirely suspended upon occurrence of circumstances of force majeure, if the obligation whose performance is impeded is a significant obligation of the contract.
Should the suspension of the contract of sale last for more than thirty (30) days, the other party which is not affected by the force majeure shall be entitled to rescind the contract by sending a notification by registered post with acknowledgement of receipt to the party affected by the force majeure.
15. Miscellaneous terms:
Should You or Europcar, the Europcar Operational Entity, the Seller not exercise or invoke a right or a term of these T&Cs, this shall not be tantamount to a waiver of this right or this term.
The titles of the articles of the T&Cs are provided merely to simplify their reading and shall have no legal effect.
Should any clause of these T&Cs be declared null and void by the application of a statute, a regulation or a final ruling of a court or authority with jurisdiction, that clause shall be struck out, without jeopardising the other contractual provisions or affecting the validity of the T&Cs as a whole. Should this be the case, the parties shall endeavour to find a replacement clause which is in keeping with the spirit of the cancelled clause.
16. Applicable law and settlement of disputes :
These T&Cs and any dispute or claim arising from or related to these T&Cs, their purpose or their formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with French law.
Any dispute arising from the sale or connected with the latter shall be brought exclusively before the Commercial Court of Paris.
17. Customer service:
The customer service unit of the 2ndMove Web Site is available to provide any information and answer any questions the buyer may have. Please contact the Europcar customer service:
- by e-mail at the following address ventesVO@europcar.com
- by post at : Commercial véhicules d'Occasion, ZI Moimont II, Rue Eugène Pottier, 95670 MARLY LA VILLE France