Terms and Conditions of sales
These General Terms and Conditions of Agency (GTC) govern the relationship between AM IMPORTATION (hereinafter referred to as “the Agent”) and the Client (hereinafter referred to as “the Principal”), in the context of the search for, negotiation, purchase and, if applicable, delivery, in the latter’s name and on its behalf, of the new or used vehicle as described in the Agency.
Any service provided by AM IMPORTATION implies the unreserved acceptance by the Principal and his full and complete adherence to these General Terms and Conditions of Agency. Any document other than the present General Terms and Conditions of Business and in particular a prospectus or catalogue shall only be informative and indicative, not contractual. These General Terms and Conditions of Agency are enforceable against the Agent and the Principal, as from the signing of the order form.
Article 1 – Definitions
1.1 “AM IMPORTATION” means the company AM IMPORTATION, a limited liability company with a capital of €1,000, located at 18 rue de Guirauton, residence number 161, 33700 MERIGNAC, RCS BORDEAUX 834 464 588.
1.2 “Principal” means the natural or legal person giving a mandate to search for, negotiate, purchase and possibly deliver in his place, in his name and on his behalf, the vehicle that he has previously chosen.
1.3 “New vehicle” means a vehicle that has never been registered in France, in the European Union or outside the European Union, with a maximum mileage of 100 km.
1.4 “Used Vehicle” means a vehicle that has been registered for the first time in France, within the European Union or outside the European Union, with a mileage of at least 100 km.
1.5 “Mandate” means the order form and these GCM duly signed by the Principal.
Article 2 – Purpose of the contract
The Principal grants AM IMPORTATION the mandate to :
– negotiate with any professional or private car seller (wholesalers, sales depots, dealers) (hereinafter referred to as “the supplier”), the purchase of the new or used vehicle chosen by the Principal and detailed in the order form.
– to carry out the purchase of the vehicle in France, in Germany, within the European Union or outside the European Union.
– take delivery of the vehicle and register it provisionally in France, Germany or the European Union.
Article 3 – Price
3.1 The price of the vehicle shall be understood to be inclusive of VAT and shall include the price of the vehicle described with its standard equipment and chosen options, the VAT on the purchase price, but shall not include the price of AM IMPORTATION’s services.
3.2 The price of AM IMPORTATION’s services shall vary according to transport costs, currency fluctuations, price guarantees and the cost of fuel.
3.3 The price of the vehicle does not include the costs related to obtaining the final French registration certificate, nor the possible malus, which always remain the responsibility of the Principal (you can find out the amount of the possible malus as well as the cost of the registration certificate on this site : https://www.service-public.fr/simulateur/calcul/cout-certificat-immatriculation).
3.4 As from the acceptance by AM IMPORTATION of the Mandate, the price is guaranteed until the delivery of the vehicle, except in the event of an increase in the manufacturer’s rates due to an improvement in equipment, a change in taxation or the introduction of government measures. The Principal may refuse this increase and terminate the Mandate in accordance with Article 10 below.
Article 4 – Regulations
4.1 On signing the Mandate, the Principal must pay cash :
– the price of the vehicle directly from the vehicle supplier,
– the price of the service provided by AM IMPORTATION, including the amount of its service, which the Principal shall pay by means of a bank transfer made out to AM IMPORTATION or payment by credit card.
4.2 The vehicle may only be delivered after receipt of the full amount of the service.
4.3 It is understood that if AM IMPORTATION is unable to import the vehicle within the specified period, the amount paid by the Principal to AM IMPORTATION shall be returned in full to the Principal without the latter being able to demand any further sums in addition to the value of the vehicle.
4.4 In the event of late payment by the Principal, late payment penalties shall be payable from the day following the date of payment, i.e. the date of delivery of the vehicle, as well as a fixed indemnity of 40 euros for collection costs. The late payment penalties are fixed at three times the legal interest rate in force.
Article 5 – Vehicle characteristics
5.1 The characteristics of the vehicle are set out in the order form concluded between the supplier and the client. As the manufacturers reserve the right to modify the characteristics of their vehicles, AM IMPORTATION shall not be held responsible.
5.2 AM IMPORTATION cannot guarantee the accuracy of the equipment of the vehicle in accordance with the French finish, as the equipment may vary from one country to another depending on the policies of the brand.
5.3 The photos and information published on the AM IMPORTATION website www.amimportation.fr and on any other communication medium shall not be binding, although AM IMPORTATION shall present the essential characteristics of the vehicles as accurately as possible. Only the agency agreement signed by both parties shall be binding.
Article 6 – Modification
AM IMPORTATION shall do its utmost to ensure that the Principal complies strictly with the technical characteristics of the vehicle, the delivery date and the price indicated in this Mandate. Nevertheless, in its capacity as a car agent, AM IMPORTATION is subject to the exceptional vagaries of its own suppliers. Only in the event of a change by the manufacturer of the characteristics mentioned in the technical description of the vehicle, in the event of a change in the delivery date or the manufacturer’s price list for reasons beyond its control, which it must justify at the Principal’s first request, shall AM IMPORTATION propose new updated conditions to the Principal. The Principal may either accept or refuse them. In the event of refusal, the Mandate may be terminated and the lump sum of three hundred (300) euros for the “administrative pack” and nine (900) euros for the “complete” pack shall be retained by AM IMPORTATION.
Article 7 – Delivery of the vehicle
7.1 AM IMPORTATION offers two types of delivery “packages” to its Principal:
– An “administrative pack” without delivery of the vehicle: AM IMPORTATION shall organise the reception of the vehicle, the only formality to be carried out by the Principal being the registration of the new vehicle at the French Prefecture. The Principal must therefore check and collect all the administrative documents required for registration and AM IMPORTATION cannot be held responsible for any failure to register the vehicle.
– A “complete package” with delivery of the vehicle: in this case, AM IMPORTATION undertakes to deliver the vehicle within a maximum of thirty (30) days after receipt of the total amount of the vehicle from the supplier. The vehicle shall be delivered with provisional number plates issued in the name of AM IMPORTATION. If the vehicle is more than four (4) years old, the technical inspection of the country of residence of the vehicle must be presented at the expense of the Principal, if it is more than six (6) months old, a new technical inspection must be carried out at the expense of the Principal. The Principal must insure the new vehicle for the day of delivery. The mileage of the vehicle indicated in the order form shall in this case be increased by the mileage required for delivery from the vehicle’s country of residence.
7.2 In any event, AM IMPORTATION shall not be held responsible for delays in obtaining the vehicle registration document from the prefectural authorities.
Article 8 – Liability & Warranties
8.1 AM IMPORTATION provides a service. As such, it is not the seller of the vehicle and does not hold it in stock. AM IMPORTATION shall make every effort to pass on to the Principal all details concerning the interior, exterior and mechanical condition of the vehicle that are brought to its attention by the supplier.
8.2 The Principal acknowledges that he has been informed that AM IMPORTATION shall not have any of the obligations incumbent on the seller, in particular with regard to the warranty or hidden defects, as the technical preparation of the vehicle is carried out by the supplier. The Principal shall then have to turn to the supplier in the event of a dispute, in particular under the manufacturer’s warranty.
8.3 In the event that AM IMPORTATION fails to fulfil its contractual obligations without being able to invoke an external exonerating cause, the Principal shall be awarded a sum representing 10% of its service, without prejudice to the damages that it may claim in court, in the event that AM IMPORTATION, after notification by registered letter, refuses to comply with its contractual obligations within a reasonable period.
Article 9 – Withdrawal
9.1 In the context of distance selling, the Principal, a consumer as defined in the preliminary article of the French Consumer Code, shall have a period of fourteen days to withdraw from the contract, without having to justify his decision or pay any penalties, as of the date of his acceptance of the Power of Attorney (article L. 221-28 of the French Consumer Code). In order to exercise this right of withdrawal, the Principal must notify AM IMPORTATION by registered letter with acknowledgement of receipt before the expiry of the aforementioned fourteen-day period by sending the form attached to the order form:
– the form shall state its name, geographical address and if available its telephone number and e-mail address,
– his decision to withdraw from the contract by means of an unambiguous statement, proof of which shall be kept by him.
9.2 Pursuant to Article L. 221-28 of the Consumer Code, the Principal is informed that the right of withdrawal cannot be exercised for certain contracts, and in particular
– contracts for the supply of services fully executed before the end of the withdrawal period and whose execution has begun after the consumer’s prior express agreement and express renunciation of his right of withdrawal. Indeed, at the express request of the Principal, AM IMPORTATION shall be able to begin the execution of the Mandate as soon as it receives the signed mandate and, in any case, before the end of the fourteen (14) clear days period.
– contracts for the supply of goods made to the specifications of the consumer or clearly personalised. Thus, as soon as the Principal has not chosen a vehicle available as it is in stock, but has chosen to configure it himself (options, body colour, upholstery, etc.), he cannot benefit from the withdrawal period provided for in this article.
Article 10 – Taking effect, term and termination
10.1 The term of the Mandate is the delivery of the vehicle to the Principal. The Principal may terminate the Mandate by registered letter with acknowledgement of receipt addressed to AM IMPORTATION and obtain reimbursement of the sum paid, in the following limited cases
1) in the event of the exercise of its right of withdrawal in the cases mentioned above,
2) in accordance with the provisions of articles L.216-1, L.216-2 and L.216-3 of the French Consumer Code, except in the case of force majeure (external and unforeseeable event), in the event of a delay in delivery, the Principal may terminate the contract by registered letter with acknowledgement of receipt or in writing on another durable medium if, after having enjoined AM IMPORTATION to carry out the delivery or to provide the service within a reasonable additional period of time, the latter has not complied with this period.
3) in the event that the vehicle cannot be registered in France.
4) in the event that the vehicle is no longer produced and/or available from the suppliers, the mandate shall be terminated by operation of law, without compensation, and the amount of the service paid by the Principal to AM IMPORTATION shall be refunded plus interest at the legal rate in force.
10.2 In the event of termination at its request, the Principal shall nevertheless remain bound by the commitments made in its name and on its behalf by AM IMPORTATION prior to the termination and in particular the payment of all sums due in application of these. With the exception of the aforementioned restrictive cases, the mandate may not be terminated prematurely by the Principal. The amount paid by the Principal to AM IMPORTATION shall remain the property of AM IMPORTATION, by way of compensation without prejudice to the damages that it may claim in court, in the event that the Principal, after notification by registered letter, refuses to take delivery of the vehicle or refuses to pay the sums that it still owes, it being specified that in this case, AM IMPORTATION shall take any action against the latter aimed at obtaining the forced execution of the Principal’s commitments, and the reparation of all of its losses.
Article 11 – Applicable law
This Contract shall be governed by French law.
Article 12 – Attribution of jurisdiction
Any dispute arising from the formation, interpretation or execution of this Contract between AM IMPORTATION and the “professional” Principal shall be under the exclusive jurisdiction of the Commercial Court of Bordeaux.
Article 13 – Mediation
The Parties undertake to seek an amicable solution to any difficulties that may arise during the execution of this contract. In the event of a dispute, and after a written complaint to our services has remained unsuccessful, the consumer may refer the matter free of charge to the FNAA Mediator at 9 & 11 avenue Michelet, 93583 Saint-Ouen Cedex or at firstname.lastname@example.org. Recourse to the Mediator is optional. In the event that no reconciliation can be found between the Parties, the Bordeaux Commercial Court shall have sole jurisdiction.
Article 14 – Data processing and freedom
14.1 The personal data communicated to AM IMPORTATION by the Principal is essential, in particular for the management, processing and delivery of orders, the drawing up of invoices, the improvement of services, meeting the expectations of the Client, as well as for commercial prospecting purposes and may be subject to automated processing for this purpose. They shall never be communicated to third parties without the express authorisation of the Principal. They are kept for three years.
and are intended for the commercial department of AM IMPORTATION.
14.2 In accordance with Regulation (EU) 2016/679, known as the General Data Protection Regulation (GDPR), any person may obtain communication and, where applicable, rectification or deletion of information concerning him or her, by sending an e-mail to email@example.com or by post to the address of the registered office of AM IMPORTATION.