1. Price 

The prices, excluding taxes, agreed with the buyer and indicated on the order form are fixed and final.  The price of legally mandatory equipment permanently fixed is deemed to be included in the advertised price. 

2. Date or time of delivery 

1. The seller is required to indicate the delivery time on the order form. In the absence of such a date, the seller must deliver the vehicle without delay and no later than 30 days after the date of conclusion of the contract.  

2. The seller makes every effort to deliver the vehicle within the agreed delivery period, although exceptional circumstances may occasionally extend this period.

3. Delivery 

1. The delivery of the vehicle is made to the seller's headquarters or to the address chosen by the buyer  

2. If the buyer refuses to take delivery of the vehicle on the agreed date or within the agreed delivery period, the seller is entitled, after 10 calendar days from the date of filing of a registered letter of formal notice, unless the buyer proves that the failure to take possession of the vehicle is due to a case of force majeure: 

•  To claim garage fees and/or; 

•  to terminate the sale and claim compensation corresponding to the damage actually suffered, however limited to 15% of the total selling price of the vehicle.  

3. If the production of the ordered vehicle were to be abandoned, the sale is automatically terminated. 

4. The buyer assumes all risks relating to the vehicle from its actual delivery in accordance with article 5.2 below. 

4. Payment 

1. Full payment is made within 14 calendar days after sending the invoice by email to the buyer. This is sent by the seller after the confirmation of the order on the website.   The seller may choose to hold the vehicle until full payment. 

2. In the absence of full payment on delivery, the balance bears   automatically   and without formal notice an interest at the legal rate.  

3. In addition, if payment has not been made within 10 calendar days from the filing of a registered letter of formal notice, the seller may terminate the sale by registered letter addressed to the buyer.   In this case, the buyer will be liable, without prejudice to the interests mentioned above, to the seller, to a compensation corresponding to   the damage actually suffered but limited to  15%  maximum of the  total  selling price of the vehicle.  

5. Transfer of ownership and risk 

1. Ownership of the goods will pass once the following cumulative conditions have been met: full payment of the price and delivery of the goods.  

2. In accordance with Article VI.44 of the Code of Economic Law, the risk of loss or damage to the vehicle is transferred to the consumer as soon as the latter or the person designated by him and who is not the carrier, physically takes possession of the motor vehicle. 

3. Where the contract provides for dispatch of the motor vehicle, the risk of loss of or damage to the motor vehicle shall pass to the consumer at the time of delivery to the carrier who has been entrusted with the transport by the consumer and provided that the choice of such carrier has not been offered by the undertaking. 

6. Production process 

The buyer acknowledges being informed and accepting the evolutionary process in terms of production, techniques, technology and design in the automotive sector, so that some   details may differ from the model ordered. However, these changes will not affect the specific characteristics and/or the special use sought by the buyer as mentioned on the order form.  

7. Guarantee 

1. Legal warranty 

    In accordance with Articles 1649 bis to   1649 octies of the former Civil Code, the seller is liable to the buyer   for any lack of conformity that exists when    the   vehicle and which appears within    two years   of that date. 

After expiry of the guarantee as mentioned in paragraph 1, the buyer benefits from the legal guarantee against hidden defects as specified in articles 1641 to 1649 of the 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 is intended or significantly reduces its use. 

Any lack of conformity must be notified by registered letter to the seller within two months from the moment the buyer has noticed it. Any hidden defect must be notified by registered letter to the seller within two months from the time when the buyer has noticed it or should normally have noticed it. 

The buyer undertakes to do everything necessary not to aggravate the damage, refraining from using the vehicle if necessary. Otherwise, this aggravation will be taken into account to determine the degree of intervention of the seller. 

The legal warranty is maintained for the buyer even in cases where he has his vehicle repaired or maintained, according to the instructions of the car manufacturer, outside the network of repairers authorized by this car manufacturer. 

2. Conventional warranty 

The terms of the manufacturer's conventional warranty are provided for in the document "warranty conditions" which the buyer acknowledges having read and accepted.  

It starts on the day the vehicle is delivered to the buyer. 

Manufacturer's warranty interventions can be obtained from the seller and/or from any authorized repairer of the brand established in the European Economic Area. 

8. Funding and waiver  

1. Where applicable, the financing applies in accordance with the Code of Economic Law relating to consumer credit, and particularly Article VII 83 which concerns the right of renunciation. In case of financing by the seller or through the seller, mention will be made on the front of the sales contract. 

2. If it is provided on the front of the sales contract that the sale was concluded under suspensive condition of the granting of financing, without intervention of the seller in the conclusion of this contract and if this financing is refused by the credit institution, the buyer must notify the seller 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 the confirmation of the order on the website (signature of the order form).  In the absence of proof transmitted within the aforementioned period, the seller may claim from the buyer a compensation limited to 15% of the total sale price of the vehicle.  

3.  Sales at    trade shows, fairs and exhibitions, provided that 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. 

9.   Manufacturer's documents 

Any document issued by the manufacturer, mentioning the characteristics of the vehicle ordered, bearing the stamp or signature of the seller, and attached to the order form, is deemed to be part of the order form to which it is attached. 

10. Force majeure 

The party who invokes a case of force majeure notifies the other party within 8 calendar days of his knowledge of the event by registered letter. 

11. Proof 

In the foregoing provisions, the recommended form of writing is provided for only as a matter of probation. 

12. Disputes and jurisdiction of courts 

1. In the event of a dispute, seller and buyer undertake to make every effort to reach an amicable settlement.  In the absence of an amicable agreement, the dispute may, at the request of one of the parties, without prejudice to legal action, be submitted to the AUTOMOTO Conciliation Commission, approved by the FPS Economy.  

The headquarters of the AUTOMOTO Conciliation Commission  and its secretariat are established:  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 may also be transmitted in writing or on another durable medium. 

2. In the event of a dispute, the   following judges are, at the  choice of the  plaintiff, competent to hear the claim: 1) the judge of the domicile of the defendant or one of the defendants; (2) the court for the place  where the obligations in dispute or one of them arose or in which they are, have been or are to be performed, (3) the court for the domicile of the buyer. 

3. In the event of a complaint or question related to this contract, the buyer may contact his seller whose contact details are listed on the order form. 

13. Processing of personal data 

1. The personal data collected about you are processed in accordance with the applicable legal provisions.  D'Ieteren Automotive SA/NV, ECB 0466.909.993, rue du Mail, 50, 1050 Brussels, is responsible for the processing of this data. Any questions on this subject can be addressed by post to D'Ieteren Automotive SA/NV, and also electronically to: info@microlino.be 

2. Information concerning the types of data processed, the purposes of processing and the exercise of your rights in this regard (right of access, right to data portability, right to rectification, right to be forgotten, right to object to  direct marketing, right to lodge a complaint with  the authority) can be obtained in writing,  upon  request, by  letter addressed to  D'Ieteren Automotive SA/NV, and are available on the www.dieteren.be/fr/privacypolicy website. 

14. Quality, capacity and commitment of the buyer 

1. The seller reserves the right to terminate the sale if it appears that the buyer has not reached the age of 18 at the time of the confirmation of the order on the website (signature of the order form). These general conditions are fully applicable provided that the buyer is a consumer within the meaning of the Code of Economic Law, that is to say insofar as the buyer acquires or uses the vehicle that is the subject of this sales contract for purposes excluding any professional or commercial nature. 

2. In all cases where the purchaser is not a consumer within the meaning of Article 15. 2 above, these general conditions apply with the exception of the following articles: 1, 2.2, 7.1, 8.1, 8.2, 8.3. In such cases: 

• The prices indicated on the front of the sales contract may be increased in the event of a change in the list price recommended by the importer or manufacturer; 

•    the delivery date or time is always given for information purposes only and without firm commitment from the seller; 

• Article 7 shall be supplemented as follows: "Conformity and apparent defects"  

"Apparent defects in paint, bodywork and interior trim must be reported without delay and by registered letter to the seller. Other apparent defects must be notified by registered letter to the seller no later than 10 calendar days from delivery ". 

• Article 7.1 is replaced by the following provision: "The buyer benefits from the legal guarantee against hidden defects as specified in articles 1641 to 1649 of the Code civil 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 is intended or reduces it substantially the use. 

•    Any hidden defect must be notified by registered letter to the seller within two months from the time when the buyer has noticed it or should normally have done so.   

• The judges of the domicile or registered office of the seller are exclusively competent.  

3. The buyer expressly undertakes to acquire the ordered vehicle for his personal use or for rental or leasing purposes and not to resell it in new condition for commercial purposes, i.e. with the intention of making a profit. If the buyer does not comply with this commitment, the seller reserves the right:  

• either to consider the sale as cancelled without the seller being required to pay any compensation; 

• either 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 as long as the buyer has not confirmed his commitment to comply with the aforementioned obligation with regard to the other vehicles ordered.