GENERAL CONDITIONS OF SALE of Vintage vehicles – Classic cars
The general conditions of sale detailed below, exclusively govern the contractual relations between any customer of FG CLASSIC and the merchant FG CLASSIC, EURL FG CLASSIC with a capital of 5,000 euros, having for registered office 145 Grande Rue 78270 MOUSSEAUX SUR SEINE, registered in the Trade and Companies Register of VERSAILLES under the number "901.872.309.00017" having for email address – firstname.lastname@example.org
FG CLASSIC has developed, an activity and a website called: www.fgclassic.fr whose purpose is in particular the sale in store of old vehicles, the sale in store, mail order and online of spare parts and products such as filters (Oil, fuel, air, etc ...) dynamo, alternator, starter, voltage regulator, starter coal, starter brushes, dynamo coal, V-belt, timing belt, distribution kit, clutch, exhaust tube, silencer, exhaust pipe, water pump, fuel pump, cylinder head, valve, engine seals pouch, cylinder head stud, segment, radiator, bearing, wheel bearing, rocket, wheel suspension arm, mechanical steering, steering ball head, suspension ball head, shock absorber, control shaft bellows, suspension sphere, brake disc, brake pad, brake shoe, wheel cylinder, brake lining, wiper, headlamp, turn signal, stop light, passenger compartment lamp, lamps/bulbs (6, 12 or 24 volts), batteries (6 or 12 volts), cables (Handbrake, meter, clutch, spark plug, etc...), coil, wiper motor, windshield washer pump, preheating relay, timed relay, sensor, relay, probe, ... etc... for various vehicles to private and professional customers.
These general conditions of sale govern the contractual relations between FG CLASSIC and its customer, both parties accepting them without reservation. These general conditions of sale are subject to change at any time without notice. The current version of the conditions of sale is valid from the 07th of February 2022.
These general conditions of sale cover sales of old vehicles. Other general terms and conditions of sale are available for sales concerning spare parts and products for vehicles.
Each purchase from FG CLASSIC is governed by the general conditions applicable on the date of the order. When you sign the booking voucher you declare that you accept these conditions without reservation.
Attention: FG CLASSIC is a brand we have the monopoly of exploitation of this mark, for the goods and services which are covered by it. Registered trademark
2. Definition of terms
For the purposes of the GTC and without prejudice to the terms that are defined in other places in the GTC, the terms listed below shall have the meaning given to them by the following definitions:
Buyer: A person who wants to buy a vehicle.
Advertisement: offer to sell a vehicle published on the Site and on a custodian site.
Deposit: Sums of money paid by the buyer when signing a booking voucher. The abandonment of the deposit constitutes the abandonment of the contract, each of the contractors is master to dispose of it, the one who gave them, losing them and the one who received them, returning double.
Certificate of taking charge of a vehicle: document attesting to the assumption of a vehicle by the company FG CLASSIC pending the payment of the latter after the sale or as part of a deposit-sale.
Authorization of sale: standard letter or contract of sale precede the sale and contractually bind the seller on the sale of his vehicle at a final rate decided between him and the company.
Reservation voucher: sales agreement signed between the buyer and the company FG CLASSIC, supplemented by the payment of a deposit, allowing him to reserve the purchase of the vehicle for a period of 15 days.
Sales information document: This is a "waiver of liability" document that the buyer signs when purchasing a vehicle that is not owned by FG CLASSIC. He acknowledges that FG CLASSIC has an intermediary role in the context of the sale of the vehicle and would not be liable if, however, the seller had consciously or unconsciously concealed some hidden defects whatsoever.
Sales intermediary: FG CLASSIC is a company specialized in the sale of old vehicles. In the case of vehicles in depot-sale, FG CLASSIC is considered as the sales intermediary between the seller of the vehicle and the customer.
Start-up fees: The start-up fee includes the interior-exterior cleaning of the vehicle, brokerage fees and €20 of fuel.
Commission: Remuneration received by FG CLASSIC during a transaction.
Brokerage fees: Brokerage fees refer to the fees levied by a company acting as an intermediary in the context of a connection, a transaction, or the performance of a service. Brokerage fees are reduced to the fees retained by the company for their intervention in the negotiation of the best price for a private or professional vehicle.
Mandate for the establishment of the registration card: document that authorizes a professional approved by the Ministry of the Interior, to apply for a registration card with the Minister of the Interior on behalf of his client.
Sales mandate: document containing most of the legal information concerning you as well as that of the vehicle allowing it to be marketed for sale.
Agent: The Company, if it is mandated by a principal in the search for a vehicle.
Principal: natural or legal person asking the Company to carry out a mandate for it, and a search for a vehicle.
Partner: provider of Services third party to the Company and used by the Company FG CLASSIC.
Commercial service: It includes the costs of starting the road and the mechanical guarantees subscribed if offered by FG CLASSIC on the vehicle in question.
Selling price: price displayed of the vehicle on the various distribution media outside the margin of negotiation and ancillary costs.
Net seller price: price desired by the seller.
Services: all the services offered by the Company.
Site: Website owned by FG CLASSIC and whose domain name is: www.fgclassic.fr
Custodian Site: Website different from the Site on which a Seller, individual or professional, has placed an advertisement.
Third party: any natural or legal person who is neither the Company, nor the seller, nor the buyer.
Vehicle: Used land motor vehicle within the meaning of Article 298 from of the General Tax Code.
Seller: hereinafter referred to as "the depositor" is a natural or legal person using the services of FG CLASSIC to sell his vehicle.
FG CLASSIC cannot answer for the quality and functioning of the items it offers on behalf of its "depositor sellers" whether they have the status of individuals, companies, or automotive professionals. In case of hidden defects raised by the buyers, the depositor - seller is the only responsible. The depositor undertakes on the veracity of the information provided when depositing the vehicle.
4. PERSONAL INFORMATION
The information on all documents relating to the sale or on invoices is processed by computer. In accordance with Article 27 of the Data Protection Act, the depositor, or the buyer has a right of access and rectification to the information concerning him in the files. Through FG CLASSIC the applicant or the buyer may receive proposals from other companies. In case of opposition, it is sufficient that he indicates it in writing on the various documents that will be provided to him by FG CLASSIC.
5. TERMS OF DEPOSIT / SALE
a) The depositor gives FG CLASSIC a mandate to offer his vehicle for sale for a period of 2 months. A sales contract will be drafted and signed by the 2 parties at the end of the deposit of the vehicle.
b) Any vehicle made available to FG CLASSIC must have been subjected to a technical inspection valid for less than 6 months. This technical inspection is the responsibility of the applicant, and a copy of the certificate must be given to FG CLASSIC.
c) Any renewal of the roadworthiness test during the consignment period is the responsibility of the owner.
d) Throughout the sales deposit period, the vehicle will remain registered in the name of the owner and the vehicle will remain insured by the owner.
e) The owner does not have the right to advertise himself.
f) FG CLASSIC is not responsible for any technical defects that may appear during the period of consignment of the vehicle.
g) Any costs of repairing defects are the responsibility of the selling owner.
h) Unless otherwise stated in writing below, the owner seller authorizes FG CLASSIC to test the vehicle to all potential buyers of FG CLASSIC.
i) This test will always be carried out in the presence of a representative of FG CLASSIC over a reasonable distance left to the discretion of FG CLASSIC.
j) All vehicles are sold under the margin regime, unless explicitly stated otherwise. The seller who owns the vehicle ensures the exclusivity of the sale for a period of 2 months. During this period the seller will not be able to sell the vehicle by his own means.
k) If the vehicle has not been sold after this period of 2 months, FG CLASSIC will contact the seller again to discuss the follow-up to be given: renewal of the sales deposit or return of the vehicle.
l) FG CLASSIC reserves the right to choose the vehicles entrusted to it and to refuse any vehicle whose apparent poor condition or functioning, provenance, maintenance, or identity of the owner would prove doubtful.
m) The deposit of the vehicle is physical, in the premises of FG CLASSIC. The depositor will not be able to enjoy his vehicle during the consignment period.
6. TERMS OF SALES - FG CLASSIC
a) Any vehicle offered for sale and owned by FG CLASSIC must have been subjected to a Technical Inspection of less than 6 months. This technical inspection is the responsibility of FG CLASSIC.
b) FG CLASSIC must keep the customer informed of the result of the technical inspection before concluding the sale.
c) In the case of a technical inspection subject to a counter-inspection for major failure, the sale may not exceed a period of 2 months after the passage of the technical inspection. The customer is free to buy the vehicle in this condition if he undertakes to carry out or have carried out the work of restoration to conformity and to retake the technical inspection at the end of the sale by his own means.
d) Ancillary costs, in particular restoration costs, are the responsibility of the purchaser
e) FG CLASSIC will offer the customer a quote for the repair of defects to converge towards a favorable technical inspection result.
f) FG CLASSIC will be present with the customer during the test drive of the vehicle over a reasonable distance left to the discretion of FG CLASSIC.
g) FG CLASSIC reserves the right to change the selling price of vehicles at any time.
a) The initial 'net seller price' of the vehicle entrusted with a sales mandate is determined by the depositor. FG CLASSIC can advise the depositor on the most suitable price for his vehicle based on the actual market price observed.
b) The depositor may reduce the 'net seller price' of the sale of the vehicle during the term of the contract.
c) The seller will be able to see his net seller price decrease according to the offers to purchase after having given his written agreement to FG CLASSIC, which will thus be able to release his commission from the new net seller price defined by the owner of the vehicle. This commission will remain the responsibility of the purchaser.
d) FG CLASSIC may contact the seller during the consignment period if it considers that the sale price needs to be adjusted. In this case an amendment to the sales contract will be necessary.
e) Ancillary costs, in particular restoration costs, are the responsibility of the purchaser.
The buyer signs a booking voucher and pays a deposit of up to 10% of the sale price by bank transfer, cash, C.B or certified check payable to FG CLASSIC.
On the day of the sale, the buyer pays the full amount due for the transaction (including the "net seller price" defined by the depositor and the "commercial service" of FG CLASSIC), in the form of a transfer, a certified cashier's check payable to the seller or cash (within the limit of 1000 euros authorized by law) as part of his role as a sales intermediary.
At the end of the sale, FG CLASSIC will give the buyer all the deposit paid.
The amount of the sales commission is paid by the seller to FG CLASSIC, at the convenience of FG CLASSIC, by cashier's check or transfer within 7 calendar days.
In case of breach of the booking voucher by the depositor after the latter has given his written agreement by email, SMS or mail to FG CLASSIC, the depositor undertakes to pay the fees of FG CLASSIC in the amount of 800 € (eight hundred euros).
The price of the start-up costs is not included in the selling price of the vehicle and is the responsibility of the purchaser, paid directly to FG CLASSIC.
The total marketing price (including VAT, price paid by the buyer) includes the commission received by FG CLASSIC on the sale of the vehicle and amounts to 10% of the net seller amount.
10. INSURANCE / VEHICLE TEST / DEPOSIT-SALE
FG CLASSIC's professional civil insurance covers damage caused while driving by an FG CLASSIC sales representative as well as the test drive by a potential buyer. In the event of theft, fire, or any other type of material damage to the vehicle during the assumption of responsibility by FG CLASSIC, FG CLASSIC's insurance will be seized, unless its responsibility is excluded.
FG CLASSIC is not bound, except negligence, by the deterioration of the vehicle due to its obsolescence, its normal wear and tear and all the natural phenomena inherent in its exposure. For all these risks not attributable to FG CLASSIC, the depositor is required to insure his vehicle in case of deposit sale or test drive.
The vehicle must be insured by the depositor (vehicle on deposit) or by FG CLASSIC (vehicle of his property) on the day of the sale of the vehicle and this until the day of the transfer of it.
He must have valid insurance during the tests of the vehicle. The depositor is also required to insure his vehicle during the commissioning.
The depositor signs a certificate of coverage attesting that his insurance validates, allows the staff of the agency to be able to carry out all the necessary steps at the wheel of his vehicle to sell it.
11. TERMINATION OF THE CONTRACT
FG CLASSIC reserves the right to withdraw from sale any vehicle whose provenance would seem doubtful to it or with a defect that has been concealed from FG CLASSIC voluntarily or not at the time of the conclusion of the deposit contract and which would thus make it unfit for sale under the quality conditions required by FG CLASSIC.
In this case, the said contract would be cancelled outright, and the depositor undertakes to pay FG CLASSIC's fees in the amount of €800 (eight hundred euros).
FG CLASSIC may offer the buyer a mechanical warranty on the vehicle purchased. Its amount, duration and extent will be determined according to the conditions of the chosen partner. FG CLASSIC reserves the right not to offer a warranty to vehicles that do not meet its selection criteria.
13. ADMINISTRATIVE APPROCH
Any buyer of a vehicle in deposit or property of FG CLASSIC will be personally responsible for the administrative formalities if he refuses to pay the costs of putting the vehicle on the road.
14. APPLICABLE LAW - SETTLEMENT OF DISPUTES
These general conditions of deposit and sale are subject to French law. In the event of a dispute, only the district court will have jurisdiction.
15. PERSONAL DATA
Customers (buyers and sellers) authorize FG CLASSIC to use their personal data in the context of the purchase or sale of a vehicle as well as for the establishment of all administrative papers (registration card, etc.).