Terms and Conditions

Article 1 – Purpose and general provisions

These General Terms apply to the contract concluded between the Principal (the owner selling the vehicle) and L’Agence Automobilière, whose details appear on the mandate entitled “Fiche descriptive” (the Intermediary), under which the Principal instructs the Intermediary to find a buyer and to take all steps to facilitate the sale.

The Principal acknowledges having received all pre-contractual information and declares having read and accepted these General Terms.

Article 2 – Terms of the service

The Principal certifies that they own the vehicle covered by this contract or hold the powers required to sell it. The Principal confirms that their insurance covers test drives that may be carried out by prospective buyers. The Principal is solely responsible for insuring the vehicle.

The Principal undertakes to provide L’Agence Automobilière with accurate, truthful, complete and up-to-date information about the vehicle. The Seller undertakes to inform the Intermediary immediately of any change occurring while the vehicle is being marketed.

The Principal remains responsible for the information and documents they provide.

The Principal instructs the Intermediary, in their name and on their behalf, to:

• offer the vehicle for sale, in particular on the website https://agenceauto.com, and take any other relevant step towards its sale;
• introduce all prospective buyers;
• where applicable, facilitate the signature of a preliminary sale agreement with any buyer accepting the terms of sale, in particular the price.

The Intermediary shall:

• generally undertake all steps necessary, and those it deems necessary, to carry out the mission entrusted to it, in particular by publishing listings on its website and on any other website of its choosing;
• inform the Principal of any new element liable to alter the terms of the sale;
• report to the Principal on the performance of its mission.

The Intermediary will have fully performed its obligations once it has published a listing for the vehicle on https://agenceauto.com.

Article 3 – Exclusivity, absence of exclusivity and keeping of the vehicle

Where exclusivity is granted to the Intermediary, the Principal undertakes not to sell the vehicle themselves, directly. Any sale made in breach of this exclusivity gives rise to a penalty of €500 payable by the Principal to the Intermediary, in addition to the commission provided for in article 8.

Where exclusivity is granted to the Intermediary, the Principal undertakes not to advertise the vehicle, or have it advertised, through a third party. Any such advertising gives rise to a penalty of €200 payable by the Principal to the Intermediary.

In the absence of exclusivity, the Principal remains free to sell the vehicle themselves, directly.

In all cases, the Principal undertakes not to use any third party competing with the Intermediary.

The Principal further undertakes, in all circumstances, not to offer the vehicle on any website at a price lower than the one communicated to the Intermediary, and not to use photographs of the vehicle taken by the Intermediary.

Should the Principal sell the vehicle directly without the Intermediary’s involvement, they undertake to inform the Intermediary immediately.

The Principal undertakes not to sell the vehicle to a buyer introduced by the Intermediary without the latter’s involvement. In such a case, the visit record is conclusive between the parties. Any sale made in breach of the Intermediary’s rights, in particular to a buyer it introduced, makes the Principal liable for the full commission provided for in article 8, together with a penalty of €500.

Article 4 – Sale price of the vehicle

The Principal freely determines the expected sale price of the vehicle.

L’Agence Automobilière may advise the Principal on the most suitable price for the vehicle.

The Principal may lower the asking price during the term of the contract. They undertake to inform the Intermediary without delay.

By agreement with the Principal, an initial price range may be set, within which L’Agence Automobilière may freely offer the vehicle for sale.

The Intermediary may not, however, definitively accept a sale price on behalf of the Principal without their agreement.

Article 5 – Completion of the sale

On signature of the preliminary sale agreement, the buyer gives the Intermediary a reservation cheque made out to the Principal.

On final completion of the sale, the buyer pays the full amount by banker’s draft to the Principal, at the Intermediary’s agency. The Intermediary then returns the reservation cheque to the buyer.

Should the Principal fail to complete the sale after signature of the preliminary agreement, they shall pay the buyer compensation equal to the amount of the reservation. The reservation cheque shall also be returned to the buyer.

The Seller undertakes to deliver the vehicle with a roadworthiness test less than 6 months old (vehicles over 4 years old).

Should the buyer fail to complete the sale, the Principal owes the Intermediary the commission defined below, provided they keep the reservation amount.

Article 6 – Term and termination

6.1. The contract is concluded, as a rule, for a fixed term of three (3) months. The Principal may nonetheless withdraw the vehicle from sale at any time, by informing the Intermediary in writing by any means. The Intermediary then undertakes to remove the vehicle from any database within a maximum of 48 hours from that written notice.

6.2. Failing an express written wish of the Principal to extend or renew the contract for a further three (3) months, the contract ends and the vehicle is removed from the database.

Where the contract is extended for a further fixed term of three (3) months, the vehicle is kept, at no additional cost, for that period, on L’Agence Automobilière’s website only.

Should the Principal wish to benefit from publication on third-party websites for a further three (3) months, they must renew the contract by paying the administrative fees defined below.

6.3. The contract ends automatically and immediately in the following cases:

• sale of the vehicle by the Principal without the Intermediary’s involvement;
• sale of the vehicle by the Principal with the Intermediary’s involvement. In that case, the contract ends only once the Intermediary has been paid the commission due in full.

L’Agence Automobilière reserves the right to withdraw from sale any vehicle whose provenance appears doubtful, or affected by a defect concealed from the Intermediary, whether deliberately or not, when the mandate was concluded, and which makes it unfit for sale under the quality standards required by L’Agence Automobilière. The contract then ends and the Intermediary is released from any obligation towards the Principal. In any event, the Principal remains liable for the administrative fees.

Article 7 – Administrative fees

Administrative fees amount to €39 for the “dossier start”, €49 for the “dossier plus”, €69 for the “dossier premium” and €99 for the “dossier expertise”. Details of these offers are available at the agency.

Administrative fees are paid by the Principal when the file is opened and are non-refundable, as they are immediately used up.

Article 8 – The Intermediary’s commission

The amount of the commission varies according to the sale price of the vehicle. It is payable by the Principal as soon as a preliminary sale agreement is concluded between the Principal and a buyer introduced by the Intermediary.

The commission is paid by the Principal on final completion of the sale.

Should the Principal decide not to perform the preliminary sale agreement without the Intermediary being responsible for that failure, or should the refusal to perform it be a joint decision of the Principal and the buyer, the full commission is payable by the Principal on the date of the refusal and no later than 1 month after signature of the preliminary agreement.

Should the buyer decide not to perform the signed preliminary agreement, the commission is payable by the Principal up to the amount of the reservation, on the date of the refusal and no later than 1 month after signature.

Article 9 – The Principal’s liability

L’Agence Automobilière acts solely as a commercial intermediary to facilitate the sale of the vehicle. It is in no case the seller of the vehicle.

The Intermediary can in no case be held to the warranties owed by the seller, and cannot be held liable for non-conformity, hidden defects or malfunction of the vehicle. As seller, the Principal remains liable for the warranty against hidden defects under articles 1641 to 1649 of the French Civil Code.

The Principal indemnifies the Intermediary against any claim by the buyer relating to the vehicle.

The Principal is bound by all statutory warranties owed by any seller. The Principal undertakes to provide the Intermediary with complete and truthful information when concluding the contract, in particular when drawing up the vehicle description and setting up the mandate.

Article 10 – Selection of vehicles

L’Agence Automobilière reserves the right to choose the vehicles entrusted to it and to refuse, in particular, any vehicle whose poor apparent or mechanical condition, provenance, or owner’s identity appears doubtful.

Article 11 – The Intermediary’s liability

Where the Intermediary incurs liability in connection with the performance of its mission, that liability towards the Principal is limited to the amount of the service paid for by the Principal.

Article 12 – Personal data

L’Agence Automobilière processes the personal data required to manage the file, perform its intermediation service, comply with its legal obligations and manage the customer relationship.

Depending on the purpose, these processing operations rely in particular on performance of the contract, compliance with a legal obligation, the legitimate interest of L’Agence Automobilière or, where necessary, the consent of the data subject.

Detailed information on the data collected, the purposes, legal bases, recipients, retention periods and rights of data subjects is set out in the Privacy Policy available on agenceauto.com.

Data subjects may exercise their rights of access, rectification, erasure, restriction and objection and, where the conditions are met, portability, by contacting the data protection contact at informatique@agenceauto.com or by post to L’Agence Automobilière — Zone Actipolis 1 — 24 C route départementale 201 — 68390 Sausheim.

They may also lodge a complaint with the CNIL at https://www.cnil.fr/fr/webform/nous-contacter.

Article 13 – Commercial telephone canvassing

Under article L. 223-2 of the French Consumer Code, any telephone canvassing for commercial purposes directed at a consumer requires their prior consent, except where it takes place in the performance of an existing contract.

Communications necessary to the performance and follow-up of the contract — in particular regarding the sale of the vehicle, buyer enquiries, appointments, test drives, negotiations and completion of the transaction — may be made using the contact details provided by the Principal.

Article 14 – Complaints and mediation

In the event of any difficulty relating to the conclusion or performance of the contract, the Principal is invited to send a complaint beforehand to the agency concerned or to the registered office of L’Agence Automobilière, with a view to finding an amicable solution.

Where the Principal acts as a consumer and the prior complaint has not resolved the dispute, they may refer the matter free of charge to the consumer ombudsman for L’Agence Automobilière, in accordance with article L. 612-1 of the French Consumer Code.

To use this service, you may contact our mediator C&C Médiation — www.mediateurconso-bfc.fr — C&C-Médiation, 37 rue des Chênes, 25480 MISEREY-SALINES.

Article 15 – Governing law and jurisdiction

These General Terms of Service and the contract concluded between the Principal and L’Agence Automobilière are governed by French law.

The parties shall endeavour to settle amicably any dispute relating to the formation, interpretation or performance of the contract.

Failing an amicable settlement or mediation, the competent courts are the French courts, in accordance with the rules of the French Code of Civil Procedure.