Terms & Conditions
- Price
The prices, exclusive of tax, agreed with the buyer and indicated on the order form are fixed and final. The price of permanently installed and legally required accessories is considered to be included in the advertised price.
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Date or time of delivery
- The seller is required to indicate the delivery date or delivery period on the order form. In the absence of such a date or deadline, the seller must deliver the vehicle without delay and no later than 30 days after the date of conclusion of the sales contract.
- The seller makes every effort to deliver the vehicle within the agreed delivery period, although exceptional circumstances may occasionally extend this period.
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Payment
- Full payment, or payment of the balance in the case of an advance payment, must be made in cash at the time of delivery, unless expressly agreed otherwise.
- In the event of non-payment in full on delivery, interest will be charged on the sum due at the rate of 8% above the reference rate referred to in article 5, second paragraph, of the law of August 2, 2002 on combating late payment in commercial transactions, after the expiry of a period of 14 calendar days commencing on the 3rd working day after the sending of a free reminder. Where the reminder is sent electronically, the 14 calendar-day period begins on the calendar day following the day on which the reminder is sent to the buyer.
- In addition, the buyer owes the seller an indemnity of :
- 20 euros if the outstanding amount is less than or equal to 150 euros ;
- 30 euros plus 10% of the amount due on the portion between 150,01 and 500 euros if the outstanding amount is between 150,01 and 500 euros ;
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65 euros plus 5% of the amount due on
the portion exceeding 500 euros, up to a maximum of 2.000 euros if the outstanding amount
exceeds 500 euros.
- The seller is liable for the same compensation if he fails to meet his payment obligations.
- In the light of article XIX.3 of the Code of Economic Law, the seller shall provide without delay, at the buyer's request, on a durable medium, all documents in support of the debt and all information on how to contest the debt.
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Delivery
- Unless otherwise agreed in writing, the vehicle will be delivered to the seller’s registered office.
- If the buyer refuses to take delivery of the vehicle on the delivery date or within the agreed delivery period, notwithstanding payment in full, the seller shall be entitled, after 10 calendar days from the date on which formal notice is served by registered letter, unless the buyer proves that the failure to take possession of the vehicle is due to force majeure:
- to claim garage expenses at the rate of 12.50 euros (excl. VAT) per day until the day the vehicle is collected and/or;
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terminate the sale and claim
compensation for the loss actually suffered, but limited to 15% of the total sale price of
the vehicle.
- The buyer assumes all risks relating to the vehicle from its actual delivery in accordance with article 5.2 below.
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Transfer of ownership and
risk
- The vehicle remains the property of the seller until full payment has been received.
- In accordance with article VI.44 of the Economic Code of Law, the risk of loss or damage to the vehicle passes to the buyer as soon as he or the person designated by him, who is not the carrier, takes physical possession of the vehicle.
- Where the sales contract provides for the shipment of the vehicle, the risk of loss or damage to the vehicle shall pass to the buyer at the time of delivery to the carrier entrusted by the buyer with the transport and insofar as the choice of such carrier has not been offered by the seller.
- Production process
6.1. The buyer acknowledges that he/she is aware of and accepts the evolutionary process of production, techniques, technology and design in the automotive sector, such that certain details may differ from the model ordered. These modifications will not, however, affect the specific characteristics and/or the special use intended by the buyer as mentioned on the front of the order form.
6.2. If production of the vehicle ordered is discontinued after conclusion of the sales contract, the sale is cancelled automatically, without entitlement to any compensation in favour of the buyer. In this case, the seller will draw up a new offer corresponding as closely as possible to the buyer’s request.
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Warranty
- Legal warranty
- In accordance with articles 1649bis to 1649octies of the former Civil Code, the seller is liable to the buyer for any lack of conformity which exists at the time of delivery of the vehicle and which becomes apparent within two years of delivery.
- After expiry of the warranty as mentioned in paragraph 1, the buyer benefits from the legal warranty against hidden defects as specified in articles 1641 to 1649 of the former Civil Code if the hidden defect existed at the time of delivery and if the hidden defect renders the vehicle unfit for the use for which it was intended or significantly reduces its use.
- Any lack of conformity must be notified to the seller by registered letter within two months of the buyer noticing it. Any hidden defect must be notified to the seller by registered letter within two months of the buyer's discovery of the defect, or from the time when the buyer should normally have discovered the defect.
- The buyer undertakes to do everything necessary not to aggravate the damage, if necessary by refraining from using the vehicle. Failure to do so will be taken into account in determining the extent of the seller's liability.
- The legal warranty is
maintained for the buyer even if he has his vehicle repaired or serviced outside the network of
repairers approved by the vehicle manufacturer, in accordance with the manufacturer's
instructions.
- Commercial warranty (if applicable)
- If applicable, the terms and conditions of the manufacturer's commercial warranty can be found on the brand's Belgian website (www.microlino.be) and in the document entitled "Information on the commercial warranty", which is given to the buyer when the sales contract is concluded.
- The commercial warranty begins on the day the vehicle is delivered to the buyer.
- Repairs under the manufacturer’s warranty may be obtained from the seller and/or any of the brand’s authorized repairers established in the European Economic Area.
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Funding and waiver
- Where applicable, financing applies in accordance with the Code of Economic Law relating to consumer credit, and in particular Article VII 83 concerning the right of renunciation. In the event of financing by or through the seller, this will be mentioned on the front of the sales contract.
- If it is stipulated on the front of the sales contract that the sale has been concluded subject to the condition precedent of the granting of financing, without any intervention by the seller in the conclusion of this sales contract, and if this financing is refused by the credit institution, the buyer must notify the seller of this within 8 calendar days. In addition, written proof of this refusal of financing must be provided by letter addressed to the seller within one month of signing the purchase order. In the absence of such proof within the aforementioned period, the seller may claim compensation from the buyer limited to 15% of the total sale price of the vehicle.
- Sales at trade fairs and exhibitions, insofar as payment is not made in cash, are also governed by Book XIV, Article 41 et seq. of the Code of Economic Law with regard to the cooling-off period.
- Manufacturer’s documents
Any document issued by the manufacturer, mentioning the characteristics of the vehicle ordered, bearing the seller's stamp or signature and attached to the order form, is deemed to form part of the order form to which it is attached.
- Force majeure
The party invoking force majeure must notify the other party by registered letter within 8 calendar days of becoming aware of the event.
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Disputes and jurisdiction of
courts
- In the event of a complaint relating to the present sales contract, the buyer may contact the seller, whose contact details are shown on the front of the order form.
- In the event of a dispute, the seller and the buyer undertake to make every effort to reach an amicable settlement. In the absence of an amicable settlement, the dispute may, at the request of either party and without prejudice to legal action, be submitted to the AUTOMOTO Conciliation Commission, approved by the FPS Economy. The AUTOMOTO Conciliation Commission's head office and secretariat are located at Avenue Jules Bordet 164 - 1140 Brussels - Tel : 02/778.62.47 Fax : 02/778.62.22 - e-mail : info@conciliationautomoto.be. All regulations, forms and documents are available on the Commission's website (www.conciliationautomoto.be). They can be sent in writing or on another durable medium.
- In the absence of an amicable agreement, the following courts are, at the choice of the plaintiff, competent to hear the claim: 1) the competent court of the domicile of the defendant or one of the defendants; 2) the competent court of the place in which the obligations in dispute or one of them arose or in which they are, have been or are to be performed, 3) the competent court of the domicile of the buyer.
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Processing of personal
data
- The personal data collected from the buyer is processed in accordance with the applicable legal provisions. D'Ieteren Automotive SA/NV, rue du Mail, 50, 1050 Brussels, CBE 0466.909.993, RPRM Brussels, is responsible for processing this personal data. Any questions on this subject may be sent by post to D'Ieteren Automotive SA/NV, and also electronically to info@microlino.be and/or customercare@dieteren.be.
- Information concerning the types of data processed, the purposes of processing and the exercise of rights in this respect (right of access, right to data portability, right of rectification, right to be forgotten, right to object to direct marketing, right to lodge a complaint with the authority) can be obtained in writing, on simple request, by post addressed to D'Ieteren Automotive SA/NV, and can be consulted on the website www.dieteren.be/fr/privacypolicy.
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Quality, capacity and commitment of the
buyer
- The seller reserves the right to cancel the sale if it appears that the buyer has not reached the age of 18 at the time of signing the order form.
- These general terms and conditions apply in their entirety insofar as the buyer is a consumer within the meaning of the Code of Economic Law, i.e. insofar as the buyer acquires or uses the vehicle which is the subject of this sales contract for purposes which exclude any professional or commercial character.
- In all cases where the buyer is not a consumer within the meaning of article 14.2 above, these general terms and conditions apply with the exception of the following articles: 1, 2.2, 3.2 -3.5, 7, 8, 11.2, 11.3. In such cases :
- With regard to article 1, the prices indicated on the order form and on the sales contract may be increased in the event of a change in the importer's or manufacturer's recommended list price;
- The following article 2.2 applies: "The delivery date or time is always given purely as an indication and without any firm commitment on the part of the seller.";
- The following article 3.2 is applicable: "In the event of non-payment in full on delivery, interest on arrears shall be due automatically and without formal notice at the interest rate applicable under the Law of August 2, 2002 on combating late payment in commercial transactions."
- The following article 3.3 is applicable: "In addition, the buyer shall owe the seller compensation for damages corresponding to the damage actually suffered but limited to 15% of the purchase price of the vehicle."
- The following article 7 is applicable: “7.1 Apparent defects to the paintwork, bodywork and interior fittings must be notified to the seller immediately by registered letter. Other apparent defects must be notified to the seller by registered letter within 10 calendar days of delivery”.
- 7.2 The buyer benefits from the legal warranty against hidden defects as specified in articles 1641 to 1649 of the former Civil Code if the hidden defect existed at the time of delivery and if the hidden defect renders the vehicle unfit for the use for which it was intended or substantially diminishes its use. Any hidden defect must be notified to the seller by registered letter within two months of the date on which the buyer noticed it or should normally have noticed it.
7.3 Commercial warranty (see Article 7.2 above, "Commercial warranty (if applicable)")
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The following article 11.2 is
applicable: "In the event of a dispute, the seller and the buyer agree to make every
effort to reach an amicable settlement. In absence of an amicable settlement, the courts of
the seller's registered office shall have exclusive jurisdiction over the
dispute."
- The buyer expressly undertakes to purchase the vehicle ordered for his or her own personal use or for rental or leasing purposes and not for resale in new condition for commercial purposes, i.e. with the intention of making a profit. Should the buyer fail to comply with this undertaking, the seller reserves the right :
- Consider the sale as cancelled, without the seller being liable to pay any compensation whatsoever;
- To claim compensation from the buyer representing 10% of the purchase price of the vehicle;
- Or to suspend the execution of any other order in progress until the buyer has confirmed his commitment to respect the aforementioned obligation with regard to the other vehicles ordered.
Applicable in the context of an online or distance sale
1. General
In the case of a sale concluded remotely (within the meaning of article I.8.15° of the Code of Economic Law) such as on a website, these Additional Conditions apply in addition to the General Sales Conditions. The provisions concerning the right of withdrawal (as detailed below in article 4 e.a.) only apply in the event of a sale to a consumer.
2. Suspensive condition
The sale is concluded only after the buyer has signed the corresponding digital order form, i.e. after the buyer has confirmed his order on the seller's website.
3. Withdrawal – principles and procedures
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- In accordance with Book VI, Title 3, Chapter 2 of the Code of Economic Law, as well as the clause on the front of the order form, the buyer has the right to withdraw from the contract without giving any reason, as long as the buyer has not been able to establish the nature, characteristics and proper functioning of the vehicle, and at the latest within fourteen (14) calendar days from the day on which the buyer took physical possession of the vehicle (delivery).
- To do so, the buyer may send a letter to the seller at the following address: info@microlino.be, unambiguously expressing his or her wish to withdraw and containing the elements required to identify him or her (surname, first name, address, purchase order number). To this end, he/she may use the model withdrawal form provided for in the Code of Economic Law (available at the following link Formulaire-de-retractation_DEF.docx).
- The buyer must contact the seller as soon as possible to arrange an appointment for the return of the vehicle. In the event of failure to keep the agreed time for the return appointment, the buyer will be liable to pay compensation equal to €25 per 15 minutes' delay.
- The vehicle must be returned by the buyer, at his own expense and in any event no later than 14 calendar days after notification of his decision to cancel, to the following address: Rue du Mail 50, 1050 Brussels.
- At the vehicle return appointment, a contradictory inventory of the vehicle's condition (bodywork and mechanics), including the number of km covered, will be carried out by a third-party company commissioned for this purpose. Any loss of value resulting from the damage will be estimated in accordance with Renta's price list. The buyer acknowledges and accepts that, in the absence of proof to the contrary by the buyer, the vehicle has been delivered to him/her complete (in accordance with the order form), in a perfect state of cleanliness and operation, and that, consequently, the signed order form is equivalent to the initial inventory of fixtures.
- Prior to the return appointment, the buyer must have thoroughly cleaned the interior and exterior of the vehicle. Failing this, the vehicle will be cleaned at the return appointment, and a reasonable charge will be made to the buyer (minimum 75€).
4. Withdrawal - conditions
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- The buyer may not exercise his right of withdrawal, in accordance with Article VI.53 of the Code of Economic Law:
- if the vehicle is configured to the buyer’s specifications or is clearly customized; and/or
- if all legal documents (such as the certificate of conformity) accompanying the vehicle are not returned at the latest at the same time as the vehicle is handed over; and/or
- if the number of kilometres travelled with the vehicle since delivery exceeds 150 km; and/or
- if the vehicle is no longer the property of the buyer, has been resold or transferred to any natural or legal person whatsoever, or has been the subject of a security interest (pledge, etc.)
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- The buyer is responsible for any depreciation of the vehicle resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the vehicle.
Consequently, if the buyer exercises his right of withdrawal:
- the buyer must return the vehicle in a perfectly clean interior and exterior condition, in perfect working order (bodywork and mechanics) and complete (the vehicle must include all accessories, options and equipment initially present and delivered at the same time as the vehicle, in particular all on-board documents). The vehicle may not have been modified without the seller's written consent, and in general may not have been subject to any cause that excludes or limits the warranty. Failing this, the buyer will be liable for compensation calculated on the basis of the market value of the vehicle in consideration of the defects noted in the contradictory condition of the vehicle; and
- if the vehicle has been registered, the buyer will owe the seller an indemnity equivalent to 15% of the total sale price. For information, registering a new vehicle reduces its market value by 20% to 30% on average; and
- if necessary, the vehicle must be de-registered by and at the expense of the buyer. Failing this, the buyer will be required to pay a fee of €80 (incl. VAT) to cover the costs incurred by the seller in having the vehicle deregistered. By accepting these terms and conditions, the buyer irrevocably authorizes the seller and any company in the D'Ieteren group to deregister the vehicle in the buyer's name and on the buyer's behalf; and
- if the number of kilometres travelled since delivery exceeds 80 km, the buyer shall compensate the seller, for each kilometre travelled in excess of the said 80 km threshold, at a rate of €1.25 per kilometre including VAT; and
- the buyer will be liable for reasonable compensation to cover the costs incurred by the seller in connection with the services provided up to the time the buyer informed the seller of the exercise of the right of withdrawal (transport costs, vehicle preparation costs, administrative formalities, etc.); and
- in general, the buyer will be liable to pay an
indemnity to be deducted from any reimbursement by the seller if the buyer has used the vehicle in a
manner inconsistent with its normal use, or if the buyer has made prolonged and unnecessary use of
the vehicle.
- The buyer shall remain liable for any charges or costs, which may later become due and payable, which are attributable to him by reason of the fact that the vehicle was in his possession, such as unpaid fines or property taxes.
- Any costs incurred by the buyer in insuring the vehicle, or any other taxes such as road tax or registration tax, shall be borne by the buyer.
- If the buyer has financed the vehicle via a third party (lender, lessor, lessor, etc.), he/she may be subject to other conditions in this financing agreement which are beyond the control of the seller.
5. Withdrawal - refund
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- The seller will reimburse all payments received from the buyer, less any amounts owed by the buyer to the seller, and in particular any compensation payable by the buyer as a result of handling of the vehicle other than that necessary to establish the nature, characteristics and proper functioning of the vehicle. The amount of the total sale price will be used in particular for such compensation.
- Unless otherwise agreed between the buyer and the seller, the refund will be made to the bank account used for full payment of the vehicle by the buyer, subject to compliance with anti-money laundering regulations.
- Reimbursement will be made without undue delay and, in any event, no later than fourteen (14) days from the day on which the seller has collected the vehicle from the buyer.
6. Primacy of additional conditions
In the event of any contradiction between the general terms and conditions of sale and the additional terms and conditions applicable to remote sales, the latter shall take precedence.
Version November 2023