GTC

Terms & Conditions

Article 1 - Content and scope

The present general terms and conditions of sale of the company BEAUER - Société par Actions simplifiée with a capital of 950 000,00 €, registered with the Registre du Commerce et des Sociétés d'ANGERS under the number 788 905 164, and whose registered office is Zone de l'Appentière, Rue du poteau, 49280 Mazières en Mauges - Telephone: 09 83 53 67 73 - Mail : info@Beauer.fr - apply by operation of law to all sales of the following products: leisure vehicles as well as all derived products or any other products manufactured or distributed by the BEAUER company.
They apply to the exclusion of all other conditions, in particular those applicable to Internet sales or sales via other distribution and marketing channels.
The sale is deemed concluded on the date of acceptance of the order or immediate purchase by the seller.
Prior to this date, the present terms and conditions of sale are made available to any buyer for information purposes.
Any order or immediate purchase implies unreserved acceptance of the present terms and conditions of sale, which prevail over all other conditions, with the exception of those expressly accepted by the seller.
All documents other than the present general terms and conditions, in particular catalogs, prospectuses and advertisements, are for information purposes only.
The purchaser declares that he/she has read and accepted the present general terms and conditions of sale before making an immediate purchase or placing an order. In this respect, they are enforceable against him/her in accordance with the terms of article 1119 of the French Civil Code.

Prior to the immediate purchase or the placing of the order and the conclusion of the contract, these general terms and conditions of sale are communicated to the buyer, who acknowledges having received them.
The buyer acknowledges having received, prior to the placing of his order and the conclusion of the contract, in a legible and comprehensible manner, these general terms and conditions of sale and all the information listed in article L. 221-5 of the French Consumer Code. The following information is provided in a clear and comprehensible manner.

  • the essential characteristics of the product ;
  • product prices and ancillary costs,
  • any additional freight, delivery or postage costs and any other charges;
  • in the absence of immediate performance of the contract, the date or time by which the seller undertakes to deliver the product;
  • information about the seller's identity, postal address, telephone number and e-mail address,
    and its activities
  • Information on legal and contractual warranties and how to make use of them;
  • digital content functionalities and, where applicable, interoperability,

 

The seller provides the buyer with the following information:

  • its name or corporate name, the geographical address of its place of business and, if different,
    that of its registered office, its telephone number and e-mail address;
  • the methods of payment, delivery and performance of the contract, as well as the methods provided by the professional for handling complaints; in the case of a sale, the existence and methods of exercising the legal guarantee of conformity provided for in articles L. 217-1 et seq. of the French Consumer Code, the guarantee against hidden defects provided for in articles 1641 et seq. of the French Civil Code, as well as, where applicable, the commercial guarantee and after-sales service referred to respectively in articles L. 217-15 and L. 217-17 of the French Consumer Code.
  • the duration of the contract, in the case of a fixed-term contract, or the conditions of its termination in the case of an open-ended contract.

An order is understood to be any order for our products listed in the seller's price list, accepted by the seller and accompanied by payment of any deposit stipulated on the order form.
An order implies full acceptance of these general terms and conditions of sale and the obligation to pay for the products ordered. All orders accepted by the seller are irrevocable, unless otherwise agreed in writing by the seller.
Any request for modification of the order placed by the customer must be made in writing and must be accepted by the company. It will only be taken into consideration by the seller after acceptance by the customer of a purchase order and an additional deposit.
In the event that the customer places an order without having paid in full for previous orders, the seller reserves the right not to execute it, without the customer being able to invoke any prejudice whatsoever.

All quotations are valid for one month from the date of issue. After this period, all prices may be revised.

In the event of an off-premises or distance contract, the consumer or the professional meeting the conditions set out below have a period of 14 days to exercise their right of withdrawal in accordance with the provisions of articles L 221-1 et seq. of the French Consumer Code, without having to give reasons for their decision or bear any costs other than those set out in articles L 221-23 to L 221-25.

In all other cases, the customer has no right of withdrawal.
It should be noted that, in application of the provisions of article L 221-28 of the French Consumer Code, the right of withdrawal cannot be exercised in particular for contracts "for the supply of goods made to the consumer's specifications or clearly personalized".
The right of withdrawal, where applicable, may be exercised, in the case of a distance contract, from the date of receipt of the goods, and in the case of an off-premises contract, either from the date of conclusion of the contract, or from the date of receipt of the goods, where the service includes them, by the customer or a third party designated by the customer. The customer, as defined in the present article, may exercise his/her right of withdrawal by sending a letter to BEAUER expressing unambiguously his/her wish to withdraw. To this end, he/she may use the retraction form previously provided and send it to the following address: SAS BEAUER Zone de l'Appentière, Rue du poteau, 49280 Mazières en Mauges. The exercise of the right of withdrawal will imply that the customer returns the goods already delivered, without delay, and at the latest within 14 days following the communication of his decision to withdraw. When the right of withdrawal is exercised, the seller will reimburse the customer for all sums paid, including delivery costs, without undue delay and at the latest within 14 days of being informed of the customer's decision to withdraw.

For the purposes of the above provisions, the following definitions apply

  • consumer: any natural person acting for purposes which do not fall within the scope of his commercial, industrial, craft or liberal activity, distance contract: any contract concluded between a professional and a consumer, within the framework of an organized system for the sale or provision
    of distance services, without the simultaneous physical presence of the professional and the consumer, by the exclusive use of one or more distance communication techniques until the conclusion of the contract,
  • off-premises contract: any contract concluded between a professional and a consumer.
    • in a place other than that in which the professional carries on business on a permanent or habitual basis, in the simultaneous physical presence of the parties, including following a solicitation or offer made by the consumer,
    • or in the place where the trader carries on business permanently or habitually or by means of a means of distance communication, immediately after the consumer has been contacted personally and individually in a place other than that where the trader carries on business permanently or habitually and where the parties were physically and simultaneously present (...)

Nb: the provisions relating to pre-contractual information obligations, special provisions applicable to off-premises contracts, the right of withdrawal and administrative sanctions are extended to off-premises contracts concluded between two professionals, provided that the subject of these contracts does not fall within the scope of the principal activity of the professional contacted, and the number of employees employed by the latter is less than or equal to five.

In the absence of immediate execution of the contract, delivery of the goods must be made on the date or within the period agreed between the parties in the order form.
In the event of failure by the seller to meet its obligation to deliver on the date or on expiry of the period specified above, or, failing this, no later than 30 days after conclusion of the contract, the purchaser may cancel the contract, under the conditions of articles L. 216-2, L. 216-3 and L. 216-4 of the French Consumer Code, by registered letter with acknowledgement of receipt or in writing on another durable medium, if, after having enjoined the professional to make the delivery or provide the service within a reasonable additional period, the latter has not complied within this period.
The contract shall be deemed to have been terminated on receipt by the trader of the letter or writing informing him of such termination, unless the trader has performed in the meantime.
Nevertheless, the buyer may immediately terminate the contract where the trader refuses to deliver the goods or provide the service or where he fails to fulfil his obligation to deliver the goods or provide the service on the date stipulated, if that date or time limit constitutes an essential condition of the contract for the buyer. This essential condition arises from the circumstances surrounding the conclusion of the contract or from an express request made by the consumer before the conclusion of the contract.
From the time of delivery, the risks of the products are transferred to the buyer.
The seller is released from any commitment relating to delivery times in the event of non-compliance by the customer with the terms of payment, of a modification made to the order and expressly accepted by the seller, or in the event of force majeure.

In the event of cancellation of the order by the purchaser, after acceptance by the seller, for any reason whatsoever other than force majeure, the sum of the total amount of the deposit will be acquired by the seller, by way of damages, in compensation for the loss thus suffered.

The applicable price is that in force on the day the order is placed on the basis of the prices communicated to the customer, taking into account the VAT applicable on the day the order is placed. Any change in the VAT rate may be reflected in the price of the product.
If applicable, the order will mention all price supplements (specific packaging, transport, insurance, accessory equipment, etc.). All prices are expressed in the legal currency and are inclusive of all taxes.
Prices are ex works. Any transport costs to the place of delivery are to be borne by the purchaser.

No discounts or rebates will be applicable.

Unless otherwise expressly provided for in the special terms and conditions, a deposit of 20% is required when the buyer places the order, a second deposit of 40% is required when production begins, and payment of the balance of 40% of the price is made in cash on delivery or, where applicable, prior to any registration formalities. Payments made by the purchaser will only be considered definitive once the amounts due have been received by the seller.
However, if the right of withdrawal referred to in article 4 above is applicable, the seller may not receive any payment or consideration in any form whatsoever from the customer before the 8th day from the signing of the order.
An invoice will be sent to the purchaser on request.

Late payment interest is payable at the legal interest rate, after formal notice to pay has been sent by registered letter with acknowledgement of receipt and has remained without effect.
In the event of late payment, the seller reserves the right at any time to suspend or cancel the delivery of orders in progress.

The seller retains ownership of the products delivered, regardless of where they are held, until full and effective payment of the price by the customer, in principal and interest, even if payment terms have been granted.
This retention of title does not preclude the provisions of these general terms and conditions relating to the transfer of risks to which the products sold may give rise, which takes place as soon as the products are made available.
Consequently, the buyer is required to insure the goods as soon as they are delivered. In this respect, delivery of a vehicle registration certificate does not constitute proof of transfer of ownership to the customer.
In the event of implementation of the present retention of title clause, any return of delivered products will be at the expense and risk of the defaulting customer.

Should the customer fail to pay the full price on the due date, the creditor will send the debtor formal notice by registered letter with acknowledgement of receipt. Should the debtor fail to fulfil his obligation within one month of the formal notice being sent, the contract will be terminated ipso jure; the seller may then request the return of the product. In this case, the product will be returned at the expense and risk of the defaulting customer. If the contract is terminated, the seller may also claim, as a penalty clause, and without further notice, a compensatory indemnity equal to €10,000, without prejudice to any other damages.

Unless otherwise agreed, the buyer will take delivery of the product ordered from the seller within 48 hours of receipt of the notice of readiness sent by the seller upon delivery of the product.
After this period, and 7 days after a formal notice to take delivery has remained without effect, the seller may automatically cancel the sale, if it sees fit.
The purchaser will assume the costs and risks of transporting the product sold, after delivery.
If the customer fails to take delivery of the goods within an agreed period, after unsuccessful formal notice, the deposit paid by the customer will be forfeited to the seller, as a penalty clause, without prejudice to the seller's right to request, at its discretion, forced performance of the contract under penalty, or its cancellation, as well as damages.

It is the customer's responsibility, in the event of reservations relating to the transport of the product sold, particularly in the event of damage or shortages, to make all necessary observations and note them on the delivery receipt. He must confirm his reservations to the carrier by registered letter with acknowledgement of receipt within ten (10) days of receipt of the product.

The seller guarantees the conformity of the goods to the contract, enabling the buyer to make a claim under the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code, or the guarantee of defects in the item sold within the meaning of articles 1641 et seq. of the French Civil Code.
Implementation of Guarantees:
Legal guarantee of conformity: The buyer benefits from the legal guarantee of conformity. In the context of the implementation of this warranty, please note that :

  • the buyer has a period of 2 years from delivery of the goods to take action;
  • the buyer may choose between repairing or replacing the good, subject to the cost conditions stipulated in Article L. 217-9 of the French Consumer Code.
  • the buyer does not have to prove the existence of a lack of conformity for 24 months following delivery. The legal warranty of conformity applies independently of any commercial warranty.

Warranty against defects in the item sold (garantie des vices cachés).
The purchaser may decide to invoke the warranty against hidden defects in the item sold as defined in article 1641 of the French Civil Code. In this case, the purchaser may choose between rescission of the sale or a reduction in price in accordance with article 1644 of the French Civil Code.
The products sold are also covered by a commercial warranty which has been the subject of a contract signed by the seller and the customer, and drawn up in duplicate.
The customer acknowledges that the seller has provided him with a copy of the contract specifying the content of the warranty, the procedures for its implementation, its price, its duration, its territorial scope and the name and address of the guarantor.
This warranty does not cover defects caused by abnormal or faulty use, negligence or lack of maintenance, or resulting from a cause unrelated to the intrinsic qualities of the products.
The foregoing provisions are not exclusive of the application of the legal warranty of conformity under article L. 217-4 of the French Consumer Code and the warranty for defects in the item sold under articles 1641 et seq. of the French Civil Code.

All technical documents, plans, products, drawings, illustrations and images provided to purchasers remain the exclusive property of the vendor, who is the sole owner of the intellectual property rights on these documents, and must be returned to him at his request.
Purchasers undertake not to make any use of these documents which might infringe the supplier's industrial or intellectual property rights, and undertake not to divulge them to any third party.
Drawings, illustrations, images, photographs and more generally all representations of the products on sale are purely figurative and non-contractual.

the customer expressly acknowledges having been informed by the seller, prior to the sale of movable property, of the availability of spare parts essential for the use of the property.

the customer expressly acknowledges having been informed by the seller, prior to the sale of movable property, of the availability of spare parts essential for the use of the property.

The transfer of risks on the product sold to the customer takes place at the moment when the latter, or a third party designated by him, and other than the carrier proposed by the professional, takes physical possession of this good.

The personal data that the purchaser communicates to the seller is exclusively intended for the seller's performance of its service and the formalities arising therefrom, as well as, where applicable, for further prospecting purposes in connection with said service. It may be passed on to third parties charged with carrying out these tasks. They are collected by the seller, SAS BEAUER, responsible for processing them, registered with the RCS of ANGERS under number 788 905 164, whose head office is located at Zone de l'Appentière, Rue du poteau, 49280 Mazières en Mauges. The data collected is kept and used for a period that complies with current legislation.
In accordance with Law 78-17 of January 6, 1978 and the General Data Protection Regulation (RGPD) n o 2016/679, the buyer has the right to access, rectify and object to data concerning him or her.
He or she may thus exercise his or her rights:

  • by e-mail to: info@Beauer.fr
  • or by post to the following address: SAS BEAUER, Zone de l'Appentière, Rue du poteau, 49280 Mazières en Mauges.
    In accordance with Law 78-17 of January 6, 1978 and the General Data Protection Regulation (RGPD) n o 2016/679, all requests must be accompanied by a photocopy of a signed, valid identity document and state the address at which BEAUER may contact the applicant. A reply will be sent within one month of receipt of the request.

All disputes arising out of or in connection with the purchase and sale transactions entered into pursuant to these general terms and conditions of sale, concerning the validity, interpretation, performance, termination, consequences and consequences thereof, and which cannot be resolved amicably between the seller and the customer, shall be submitted to the competent courts under the conditions of common law.
For the purpose of determining the competent court, the seller elects domicile at the address of its registered office.

These general terms and conditions of sale are written in French. In the event of translation into one or more foreign languages, the French text shall prevail in the event of dispute.

These general terms and conditions are governed by French law, to the exclusion of the provisions of the Vienna Convention. This applies to both substantive and formal rules. In the event of a dispute or claim, the purchaser shall first contact the seller to obtain an amicable solution.
In accordance with the French Consumer Code, the purchaser may, prior to taking any legal action, request recourse to a conventional mediation procedure or any other alternative dispute resolution method, in particular that referred to in articles L 611-1 et seq. of the French Consumer Code. Pursuant to articles L 612-1 of the French Consumer Code, the purchaser is hereby informed that if his prior written complaint to the vendor has not been satisfactorily resolved within two months, he may refer the matter to the national MEDICYS mediator free of charge at the following address: Concord - 73, Boulevard de Clichy - 75009 Paris
Failing this, the purchaser may bring proceedings before the court of his choice.

BEAUER - Siret : 78890516400034 - TVA Intracom N° : FR88788905164
SAS au capital de 950 000€ - 788 905 164 R.C.S. Angers