Article 1 – Scope of application

These General Conditions of Sale (hereinafter the “Conditions”) govern the relationship between the company, acting in the name and on behalf of the dealership, and the customer who orders on our site. 

On the occasion of any distance sale of a used vehicle for delivery in CANADA (hereinafter the “Vehicle”).

These Conditions are available at any time for consultation and/or download on the Site. The Company reserves the right to modify these Conditions at any time, which the Customer accepts. By checking the box provided for this purpose, the Customer declares to have read and accepted without restriction or reservation these General Conditions of Sale.

The Vehicle offers presented on this Site are offers valid exclusively on the internet and cannot be opposed and/or combined with the offers present within the Concessions.

In the event of a contradiction between the provisions of these Conditions and the provisions of the manufacturer’s general conditions of sale, the provisions most favorable to the Customer will prevail.

Article 2 – Definition

Customer: the Customer is an individual or a non-professional natural person who has placed an order on the company’s website. Any legal entity, or any natural person acting within the framework of its commercial, industrial, artisanal, liberal or agricultural activity cannot place an order on the company’s website.

Contractual Documentation: the contractual documentation includes the description of the Vehicle, the order form, the Conditions, the manufacturer’s general conditions of sale and guarantees, the withdrawal slip, the transfer certificate, the purchase declaration, the mandate registration, the registration certificate as well as any document relating to the subscription to a possible Additional Service.

Article 3 – Price

The price appearing on the Order Form (hereinafter the “Price”) is expressed in CAD All Taxes Included (TTC) and includes:

– The price of the vehicle,
– The cost of the registration certificate,
– The application fee of 250 CAD corresponding to the costs linked to all the administrative procedures carried out by the Company to register the Vehicle and the related costs upon sending the registration certificate.
– And where applicable the costs relating to Additional Services,

The VAT rate in force on the date of validation of the order by the Customer is applied to the Price appearing on the Order Form.

Article 4 – Vehicle Order

The Customer acknowledges being of legal age and having the capacity to contract.

In order to proceed with the acquisition of the Vehicle, the Customer must follow a series of steps described below:

1 / Make a request to order the car

The Customer selects on the Site the Vehicle he wishes to acquire, takes note of all the essential characteristics as well as the general condition of the Vehicle. The Customer must then create their personalized request on the Site. During this registration, the Customer undertakes to provide all the exact information and personal data requested. The financial consequences and those relating to delivery difficulties resulting from an error in the communication of this information and/or personal data will be the responsibility of the Customer.

2 / Acceptance and Signature of the Purchase Order

Upon acceptance of the Purchase Order, the Customer undertakes to pay for the benefit of the company, according to the terms stipulated in the Purchase Order, the Deposit for the car (depending on the payment method), payable Wire Transfer.

3 / Delivery

The Customer chooses a delivery method. Thanks to our know-how, you have the possibility of being delivered directly to your home. Depending on the case, your car purchased from us can therefore be delivered to your home.

All additional costs resulting from the Customer’s choice of a delivery method other than the least expensive standard delivery method will not be reimbursed to the Customer in the event of withdrawal. No fees will be charged to the Customer for delivery to the dealership’s premises.

4 / Additional services

The Customer will have the possibility of benefiting from additional services offered by the Site such as vehicle anti-theft marking (hereinafter the “Additional Services”).

5 / Vehicle Registration

Taking into account the fact that the Customer is legally required to register the Vehicle within thirty (30) days from its acquisition, that delivery times are likely to prevent the Customer from fulfilling this obligation, that in the case of ‘a rental with option to purchase registration must be carried out by the Company, the latter will carry out the registration procedures on behalf of the Customer.

As such, the Customer mandates the Company to carry out the registration formalities of the Vehicle, in his name and on his behalf, with the competent bodies. 

6 / Financing

The Customer has the possibility of using a credit for the acquisition of his Vehicle. The provisions relating to this financing are the subject of a financing contract (hereinafter the “Financing Contract”). If the Customer does not wish to take out credit with the financing organization, payment will be made in cash.

7 / Deposit

The Customer reads these Conditions as well as the general guarantee conditions. The Customer will pay a deposit depending on the method of purchase or a minimum sum of 1000 CAD including tax for the reservation of a vehicle. The latter will be deducted from the Price upon full payment of the Vehicle.

8 / Validation of the Order

The Customer must confirm having read these Conditions as well as the general guarantee conditions. The Customer transmits the documents necessary for validation of the order including in particular a copy of his identity document as well as proof of address in order to be able to validate his order by signing the entirety of the Contractual Documentation (hereinafter the “Order Form”). 

9 / Validation of the final sale

The Customer will have 10 days from payment of the deposit to pay the final balance of the order. The Purchase Order will be definitively validated by payment of the balance and sending a copy of the Vehicle insurance certificate. The Purchase Order is a contract concluded intuitu personae between the Customer and the Company. Therefore, the Purchase Order cannot be transferred to a third party by the Customer without the express consent of the Company. The Company reserves the right to refuse or suspend the Customer’s Purchase Order for any legitimate reason and in particular if:

– The information and/or documents and/or personal data provided by the Client are incomplete or incorrect,
– In the event of insolvency of the Client and/or refusal of the requested credit and/or refusal of payment authorization

Article 5 – Payment terms

The Customer may pay the deposit by bank transfer. The balance of the Vehicle Price will be made by bank transfer. In the event that the Customer decides to pay the balance by bank check, he must send the bank check by registered mail, accompanied by his slip, to the company’s address.

Article 6 – Payment of the price

To be valid, any order must be accepted by signing the Order Form and paying the Deposit. Upon acceptance of the Purchase Order, the Customer undertakes to pay for the benefit of the company, according to the terms stipulated in the Purchase Order, a Deposit depending on the method of purchase, payable by bank transfer. The balance of the order must be paid, at the latest, within 10 days following payment of the deposit. In the absence of payment of the balance within the aforementioned period, the Purchase Order will be canceled.

Article 7 – Sale on credit

Each time the Price of the Vehicle ordered is paid using external financing, the mention is made on the Order Form in the section provided for this purpose. In accordance with the legal provisions in force, the sale of the Vehicle will be automatically canceled without compensation if within the period of fourteen (14) days from acceptance of the loan offer by the Customer, the lender does not inform not the Company of the granting of the credit or informs it of its refusal to grant this credit. In the event of termination of the sale, the credit will be immediately canceled, it being indivisible from the Purchase Order.

Article 8 – Delivery of the Vehicle

1 / Delivery location

All Vehicles sold by the Dealership are deliverable to CANADA. Delivery takes place, in accordance with the Order Form, within the premises of the Dealership or to the address indicated by the Customer (excluding addresses belonging to automotive professionals). In certain cases, the Customer may request that delivery take place within a partner establishment of the Company. The Company undertakes to deliver the Vehicle to the agreed location and the Customer to take delivery of it on the agreed date and location.

2 / Delivery date

The Vehicle will be delivered to the Customer within 7 days from the signing of the Purchase Order AND PAYMENT OF THE contribution. However, in the event that the Customer subscribes to financing for the purchase of the Vehicle, the delivery time will be 10 days from acceptance of the financing contract by our financial department.

When the Vehicle can be made available to the Customer, the Customer will receive a forecast delivery date by email. He will also be able to consult the delivery date from his personal environment. He will subsequently be contacted by the delivery company, a partner of the Company, in order to set a final delivery time. An SMS confirmation of the Vehicle delivery time will be sent to the Customer by the delivery company. The Customer has 12 hours from receipt of the SMS to request a change to the agreed time. Failing this, the Client is deemed to have accepted the date and time indicated and undertakes to be present at the precise agreed meeting time.

If the Customer does not respond to the Company and the latter cannot arrange a meeting directly with the Customer within 3 days from receipt of the email setting the delivery date, the Company reserves the the right to :

– Start billing the Customer for security fees of 55 CAD per day from the day the Customer received the email making the Vehicle available, –
To cancel the Purchase Order and deduct the irrecoverable costs already incurred paid by the Company. If access to the delivery address is deemed difficult by the delivery company, the Customer accepts that:
– delivery may be delayed and/or
– the delivery address may be changed.

The delivery company may in particular offer the Customer the option of delivering the Vehicle to an accessible parking lot close to the initial delivery address.

However, this delay may not exceed seven (7) days from the delivery deadline.

3 / Delivery conditions

Upon delivery, the Customer must present to the delivery company the originals of the documents requested when ordering, i.e. the Customer’s identity document and proof of address.

The Company will not deliver the Vehicle to the Customer if the latter:

– does not present the originals of the requested documents and
– does not appear at the address indicated on the Order Form or at the Dealership at the delivery time agreed with the Company.

Therefore, due to the Customer’s lack of diligence, the Company cannot be held responsible for non-compliance with the delivery deadline appearing on the Order Form. The Company will agree with the Customer on a second delivery date for the Vehicle. The Customer will bear all costs relating to the second presentation of the Vehicle and accepts the additional mileage that may affect the Vehicle. The Customer undertakes to be present at the exact delivery time agreed with the delivery company.

If the Customer’s delay exceeds 15 minutes, the delivery company reserves the right to postpone delivery. The Customer will bear all costs linked to this delay and in particular those relating to the second presentation of the Vehicle and accepts the additional mileage which may affect the Vehicle. The Customer agrees that the initial mileage mentioned on the Vehicle’s description sheet may be subject to an increase not exceeding 500 kilometers for transport and planning for a possible second delivery. Upon delivery of the Vehicle, the Customer and the delivery company will draw up a report of delivery of the Vehicle. It will be noted in this delivery report:

– all accessories and documents which have been given to the Customer (keys, registration document, etc.)
– confirmation by the Customer that the general condition of the Vehicle corresponds to the description sheet of the Vehicle made available to the Customer on its environment , or The reservations that the Customer intends to make on the Vehicle.

As soon as the Customer takes delivery of the Vehicle without making a reservation, he will be deemed to have accepted the vehicle as is and acknowledges that he will not subsequently be able to make requests relating to the general condition of the Vehicle or ask the Company to carry out repairs at its own expense, nor to request any compensation of any kind for this purpose. When the Customer takes physical possession of the Vehicle, the risks of loss or damage to the Vehicle are immediately transferred to him.

As soon as the Customer expresses reservations on the delivery report countersigned by the Concession or the delivering company, then the Company and/or the Concession will contact him in order to lift the reservations expressed.

4 / Delivery delays

In accordance with the provisions of article L216-2 of the Consumer Code, except in cases of force majeure, in the event of failure to fulfill the delivery obligation by the Company within the period provided for in the Purchase Order, the Customer may terminate the contract. by registered letter with acknowledgment of receipt or in writing on a durable medium if after having ordered, according to the same terms, the Company to make the delivery, the latter has not been carried out within this period. The Purchase Order is considered resolved upon receipt of the withdrawal slip, which must be sent by registered letter, attached to its order informing it of this resolution, unless the Company has delivered the Vehicle within this period.

5 / Refusal to take delivery

In the event of refusal to take delivery and the Customer’s desire to withdraw, the latter must complete the withdrawal slip which will be given to them and immediately send it by hand to the delivery company. The provisions of the “Right of withdrawal” article are applicable to this article.

Article 9 – Right of withdrawal

1 / Exercise of the right of withdrawal

The Customer will have fourteen (14) days from delivery of the Vehicle to exercise their right of withdrawal, without having to provide reasons or pay penalties.

The Customer who wishes to cancel the Order must send the Company the withdrawal form, duly completed, attached to the Order Form in accordance with the deadline mentioned above. The Customer must be able to prove that he has exercised his right of withdrawal.

2 / Return of the Vehicle

The Customer who exercises his right of withdrawal must return, concomitantly with the recovery of the Vehicle, all the documents and accessories which were given to him during delivery of the Vehicle and appearing on the delivery report. The Company will collect the withdrawn Vehicle from the place where the Vehicle was delivered. The Company will then carry out an examination of the Vehicle and draw up a recovery report. The examination of the Vehicle will be carried out on the basis of the documents relating to the condition of the Vehicle transmitted to the Customer at the time of the order and on the basis of the delivery report. If the Company notes when drawing up the take-back report that the Vehicle:

– has been damaged,
– has non-existent defects upon delivery,
– accessories and/or documents sent to the Customer upon delivery are missing,
– the Vehicle has traveled more than 500 kilometers since delivery (including mileage conveying).

The Company may express reservations and obtain reimbursement from the Customer for repairs to be carried out on the Vehicle, as well as reimbursement of the amounts necessary for the replacement of documents and/or accessories. The sums owed by the Customer for the deterioration of the Vehicle will be directly deducted from the reimbursement.

If the number of kilometers traveled since delivery exceeds 500 kilometers, the Customer must compensate the Company for each kilometer traveled beyond said threshold at the rate of 1 CAD including tax per kilometer.

The amounts owed by the Customer for excess kilometers traveled will be directly deducted from the reimbursement.

The Customer acknowledges that costs relating to the processing of the order and not corresponding to the price of the Vehicle will not be reimbursed (administrative costs, cost of the registration certificate and excess delivery costs).

In the event of withdrawal and in accordance with article L221-23 of the Consumer Code, the Customer will bear all costs linked to the return of the Vehicle.

The sums owed by the Customer for the costs of returning the Vehicle will be directly deducted from the Reimbursement.

The cost of returning the Vehicle from the Customer’s home will be 499 CAD.

However, if the Customer returns the Vehicle to the premises of a partner establishment of the Company (option available only for certain Vehicles) or within the Dealership, no return costs will be charged to the Customer.

In the event of withdrawal, the return of the Vehicle by the Customer must take place no later than 14 days from delivery of the Vehicle.

It is recalled that all of the provisions relating to this article are not applicable to legal entities as well as to natural persons who act within the framework of their commercial, industrial, artisanal, liberal or agricultural activity.

3 / Reimbursement

The exercise of the right of withdrawal under the conditions defined above will give rise to the reimbursement of the sums paid by the Customer under the Purchase Order, (hereinafter the “Reimbursement”) within 14 days following receipt of the withdrawal slip. The amount paid by the Customer is automatically increased by 10% if the Reimbursement occurs no later than thirty days beyond this term, by 20% up to sixty days and by 50% subsequently. The Reimbursement following termination of the Order will be made by transfer or check, which the Customer accepts.

Article 10 – Force majeure

The Company cannot be held liable in the event of a failure due to force majeure. Force majeure is defined as an unforeseeable, irresistible event beyond the control of the parties which prevents the debtor of an obligation from fully or partially performing it.

By way of non-limiting examples, events such as flooding, prolonged power outage, fire, total or partial destruction of the Company’s and/or the Concession’s work tools constitute a case of force majeure, war, insurrection, strike whatever the cause, lockout, earthquake, storm, tornado, machine breakdown, failure of third parties, epidemic, etc.

Article 11 – Legal guarantee of conformity

In accordance with the provisions of articles L217-4 et seq. of the Consumer Code, the Customer benefits from the legal guarantee of conformity. The Company is required to deliver goods that comply with the Contract and is liable for any lack of conformity existing upon delivery.

In the event of a lack of conformity, the Company chooses between repair and replacement of the goods.

Article 12 – Legal guarantee against hidden defects

In accordance with the provisions of articles 1641 et seq. of the Civil Code, the Company is bound by the legal guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the Customer would not have acquired it, or would have only given a lower price, if he had known about them. However, the Company is not liable for apparent defects of which the Customer was able to convince himself.

Article 13 – Complaints

You have the right to lodge a complaint with a supervisory authority of the Commission Nationale de l’Informatique et des Libertés by sending a letter to the following address: CNIL – 372 Stone Rd W, Guelph, ON N1G 4T8– Cedex 07. The Customer may also submit any claim by contacting the Company by mail at the following address: 1903 Dalhousie Crescent Oshawa L1G8C4.

Article 14 – Transfer

The Company may freely assign all or part of this Contract to any company controlled, controlling or under the same control within the meaning of articles L233-1 et seq. of the Commercial Code.

Article 19 – Competent jurisdictions and applicable law
In the event of a dispute, the Company and the Client undertake to attempt to resolve the dispute between them in good faith and amicably. If the attempt at an amicable resolution of the dispute is unsuccessful, the parties may bring the dispute before the competent courts. These Conditions are governed by Canadian law.