1. ESTABLISHMENT OF CONTRACT
The purchaser acknowledges that they are aware of the general conditions of sale made available to customers at the sales locations and on the Internet web site www.monmobilhome.com. The sale is firm and final. It is concluded at the date of acceptance of the order by the vendor and, if it consists of a credit sale regulated by article L311-2 of the consumer code, at the date of definitive conclusion of the credit contract. In the case of a sale regulated by article L311-2 of the consumer code and only in this case, the non-professional purchaser has a period of 7 days to cancel their loan contract on condition that the amount of this contract is less than that set by application of article L311 paragraph 3-2 of the consumer code. The benefit of the order is personal to the purchaser and may not be ceded without express approval of the seller. All of our offers are subject to the general conditions of sale below and any order obligates the purchaser under law to compliance with these conditions. To be opposable, any renunciation of or modification to these conditions must be stipulated in writing and carry the signature of a person authorised to obligate our company. The failure to exercise a right under these conditions may not be considered as a renunciation of the right to exercise, at a later date, a similar right or any other right provided for by these conditions. The fact that any disposition becomes null or non-applicable does not prevent the others from continuing to bind the parties. Transactions engaged by our representatives and verbal or telephonic agreements are only valid after being confirmed in writing by us. Consequently, the order can only be considered as firm after validation by signature of the sales manager of our company and, if it consists of a credit sale, at the date of definitive conclusion of the sales contract in compliance with articles L311-1 and following of the consumer code. Equipment on display, in any manner whatsoever, cannot form a contractual basis. The manufacturers reserve the right any modification or improvement, without notification, to their models without obligation to apply them to equipment already delivered or ordered. Any information in the brochures, documents and advertisements, in any form whatsoever, is for information only unless it is expressly indicated as having a contractual value. On the other hand, modifications related to technical evolution may be made to the goods to be delivered on condition that this does not result in an increase in price or alteration of quality. However, no modification may be made to characteristics that the purchaser may have mentioned on the back of the special conditions as being characteristics essential to their commitment.
2. PRICE
The price mentioned on all of the commercial documents is net of all deposits.
3. PAYMENT OF PRICE
Unless otherwise stated on the order form and accepted by the company, the price is payable in cash as a deposit with the order and the balance at delivery, prior to any registration formalities. It is expressly agreed that the sum paid by the purchaser at the time of the order constitutes a deposit. Consequently, without prejudice to application of the dispositions of article L131.1 of the consumer code, the deposit remains the property of the vendor under the penal clause in case of non-payment of the price by the purchaser at the agreed times, after a delay of 7 days counting from when a formal notification by registered letter with delivery receipt remains without result.
4. CREDIT FINANCING
In the case of financing of the leisure vehicle or habitat by credit governed by articles L311-1 and following of the consumer code, the non-professional borrower has 7 days to request cancellation of the loan and obtain reimbursement of the deposit. The cancellation facility only applies to credit granted for non-professional ends whose amount is less than the sum set in application of article L311 paragraph 3-2 and following of the consumer code, i.e. €21,500 since the decree n° 2001-96 of 02 February 2001. When the purchaser intends to take out a loan for the purchase of a vehicle subject to article L311-20 and following of the consumer code, the name of the establishment is mentioned. The vendor is only contractually bound after being informed of the acceptance by the customer of the preliminary credit offer and, where appropriate, the payment of a deposit whose amount is the balance of the amount that the purchaser wishes to pay in cash. If the purchaser opts for the credit provider offered at the sales location, the preliminary offer will be presented to them by the vendor. If the purchaser chooses another financial establishment, the preliminary offer is their personal business with this establishment. In this case, the purchaser commits to providing the vendor, within 48 hours, a copy of this preliminary offer of credit. In addition, they commit to informing the vendor within no more than 7 days from their acceptance of the preliminary offer of the acceptance or not of their application by the financial organisation and, where appropriate, their right of retraction. If the vendor is not informed within the above stated times, they may cancel the sales contract by right.
5. DELIVERY
The delivery occurs in the vendor’s premises. However, the company may transport the client’s vehicle on their request for payment. To this end, the company may employ an outside company or use their own vehicles. The customer must insure their vehicle against risks other than those related to road transport. The company may not be held responsible for damages caused to a vehicle that has left the company’s premises. Thus, once the goods have left the company’s premises, the purchaser assumes all risks of loss, theft or damage. The agreed delivery date is that indicated in the special conditions of the order form. This date may be delayed for 60 days on written notification from the vendor, specifying the reason or reasons for the delay: in the case of a delay, the new date becomes the latest delivery date. The latest delivery date agreed is delayed in the case of an Act of God for the duration of the event given that this is an unexpected event outside the control of the vendor making it impossible for them to execute their commitments, such as a strike, bankruptcy of the manufacturer or transporters or natural catastrophe. The client has the right to cancel their order in the case of the conditions defined in article L114-1 of the consumer code. Delivery is performed by the vendor by way of the communication of a notice of availability. The purchaser must take delivery of the leisure vehicle or equipment within 48 hours of this communication. After this time, the vendor may, by recorded delivery letter: a) bill them for storage costs according to the tariff in force, b) cancel the sale by notifying the purchaser (the deposit paid being retained for damages and interests). This cancellation will be completely independent of any later recourse if the damages to the vendor exceed the amount of the deposit. c) Dispose of the vehicle to another customer, the delivery being delayed to a later date and thus require the execution of this contract. d) Engage in other necessary procedures to ensure that the purchaser complies with their contractual obligations. e) Opt either for the forced execution of the sale or the immediate cancellation by right to the purchaser’s torts.
6. INDEMNIFICATION
Any cancellation of the contract resulting from the failure of the purchaser to meet their obligations will result in the indemnification of our company. The damages and interest will be fixed at the amount of the deposit received with the order which will remain acquired. These dispositions, which make up a penalty clause, are without prejudice to any other rights that may be granted by the competent jurisdiction.
7. WNERSHIP RESERVATION CLAUSES
By express dispensation from the clauses of article 1583 of the civil code, although they assume all of the risks for which they commit to subscribe to an adequate insurance policy, the purchaser does not become the owner of the equipment until payment of the entire agreed price plus any possible fees or penalties. If payment is not made by the date when all sums are due, as in the case of the failure of the purchaser to meet any of their commitments whatsoever, the sale will be cancelled by right without us having to perform any legal formality, eight days after a simple notification by registered letter with receipt of delivery has remained without result. If such an event occurs, the purchaser authorises us to retrieve the equipment wherever it may be located or commits to return it to our premises, these operations being performed entirely at the purchaser’s expense. Finally, the retrieval of claimed goods imposes the obligation on the purchaser to repair the prejudice resulting from cancellation of the sale, any depreciation and, for whatever reason, unavailability of the concerned goods. Consequently, they will owe, by way of a penalty clause, an indemnity fixed at 10% of the price agreed per month of possession of the goods retrieved. If cancellation of the contract renders us debtors of any deposit previously received, we will have the complete right to compensate this debt with the debt created by the penal clause stipulated above. Any dispute arising from the contract and these general terms and conditions of sale is, in compliance with the new civil code of procedure, the sole competence of the courts located at the defendant’s home.
8. TRADE-IN OF AN OLD VEHICLE
when the contract includes the trade-in of an old vehicle, this trade-in is linked to the delivery of the new vehicle of which it constitutes part of the payment in kind. Consequently, the customer agrees to deliver the old vehicle to the vendor’s premises. Where the order form stipulates the trade-in of old equipment, the value of this trade-in is only definitively fixed after an inspection performed at our responsibility. This inspection is obligatorily performed, even in the case of salons, at the headquarters of our company where the equipment to be traded-in must be delivered by the customer at their expense within 15 days. This trade-in, obligatorily accompanied by all useful documents (maintenance notice, bills...), is subordinate to the delivery of the ordered equipment. Consequently, it is formally agreed that non-delivery, for whatever reason, automatically cancels the obligation to take the trade-in. The price of the trade-in proposed by the vendor is determined in consideration of the description of the leisure vehicle or habitation, specified in the special conditions of the order form and, where appropriate, the descriptive report attached to it. This description is an essential condition of the commitment to trade. Unless expressly declared by the owner, the old leisure vehicle or habitation whose trade-in is planned is considered to be in a good state of maintenance, compliant with safety regulations and is accompanied by a vehicle inspection certificate no more then 3 months old. Once the price of the old trade-in vehicle, habitation or leisure equipment has been determined, based on the description given by the customer and, at the time of presentation of the old vehicle, habitation or leisure equipment, a repair is required, the vendor will present a repair estimate to the customer. If the customer does not make known, within three days of its presentation, their acceptance of this repair estimate which will be deducted from the trade-in price, they will be considered to have assumed responsibility for the resale of the vehicle and the trade-in agreement will be cancelled by right. Finally, when the value of the official quotation is, on the day of the trade-in, different from that used as a basis for the evaluation of the old vehicle, habitation or leisure equipment, this depreciation will be taken into account to determine the definitive trade-in price. In the case where the old vehicle has been traded-in before the delivery date of the new vehicle, and the sales contract for the new vehicle is not executed, the old vehicle is either: a) reimbursed at the agreed trade-in price on the order form if it has been resold, b) returned in its current condition at the vendor’s premises if no repairs have been made since the sale date, c) Or returned as is. In this case, the repair costs are billed to the acquirer, either reimbursed from the trade-in price agreed on the order form if it has been resold less any repair costs. In respect to the sale of the old equipment, the price fixed on the order form is firm, definitive and only valid for this specific equipment.
9. GUARANTEE
The leisure vehicles habitations and equipment, benefits from the contractual guarantee granted on one hand by the manufacturer and on the other by the constructor of the body. The conditions of this guarantee are specified in a document supplied at delivery. The contractual guarantee consists of, at the vendor’s or constructor’s choice, either the replacement or repair of the parts recognised as defective. It covers faults and manufacturing defects and the materials. The contractual guarantee does not apply: a) To tyres, accessories or equipment designated in the manufacturer’s guarantee document, b) In the case of modification of the vehicle and/or its equipment by the customer or a non-authorised third party, c) In the case of use not compliant with the prescriptions in the manufacturer’s notices, d) In the case of faulty maintenance. The guarantee is excluded when the equipment has been changed or modified outside the workshops of the manufacturer or the brand concessionaires. Repairs made under the contractual guarantee may do not result in an extension of that guarantee with the reserve of the application of article L211-16 of the consumer code. The customer will benefit in all ways from the compliance of the goods to the contract foreseen by articles L211-1 and following of the consumer code and the legal guarantee against hidden faults required by articles 1641 and following of the civil code under the terms of which the professional vendor is required to deliver goods in compliance with the contract and to guarantee against compliance faults and hidden faults in the goods that are the subject of the contract. ARTICLE L211-4 of the consumer code: The vendor is required to deliver goods in compliance with the contract and make good compliance faults at delivery. ARTICLE L211-5 of the consumer code: To be in compliance with the contract, the goods must: 1° be fit for the normal usage expected of similar goods and, where appropriate: a) comply with the description given by the vendor and possess the qualities that the vendor has presented to the purchaser in the form of a sample or model, b) present those qualities that a purchaser might legitimately expect in regards to public declarations made by the vendor, the producer or their representative, particularly in advertisement or labelling. 2° or present those characteristics commonly agreed by the parties or be fit for any special purpose required by the purchaser, bought to the attention of and agreed to by the vendor. ARTICLE L211-12 of the consumer code: The action resulting from a compliance fault extends for two years counting from the date of delivery of the goods. ARTICLE 1641 of the civil code The vendor is required to honour the guarantee for hidden faults in the item sold that make it unfit for the intended purpose or so diminish this usage that the purchaser would not have purchased it or would only have paid a lower price had they known about them. ARTICLE 1648 (first paragraph) of the civil code The action resulting from unacceptable faults must be notified by the purchaser within two years of discovery of the fault.
10. Special CLAUSES: MOBILE-HOME OR MOBILE RESIDENCES
The purchaser is informed that the installation of a mobile home or residence is regulated by the dispositions of articles R4444-3 and following of the urbanisation code, relating to light leisure habitations; in this respect, the purchaser acknowledges having been informed of the risks related to the installation of a mobile residence (mobile home) on private property with regard to urbanisation rules. The vehicle, habitation or leisure mobile home remains the property of the vendor until the date of payment of the entire price (see clauses above).
11. MEDIATION
In the case of a dispute relating to the conclusion or execution of this order and, where appropriate, to the conclusion or execution of the trade-in of the old vehicle or mobile residence, the parties agree, before entering into litigation, to reach an agreement with the aid of a mediator that they jointly select.






