1) GENERAL PROVISIONS
1.1 These general conditions of sale are issued by CERTIFICATE OF CONFORMITY.
1.2 These general conditions of sale (Commercial Conditions) govern the commercial relations between CERTIFICAT DE CONFORMITE and its customer, resulting from the Contract according to which CERTIFICAT DE CONFORMITE undertakes to provide its customer with the European Certificate of Conformity C.O.C; the client undertakes to pay the purchaser the remuneration agreed in advance.
1.3 The subject of the Contract concerns the acquisition of the European Certificate of Conformity (C.O.C) for the imported vehicle (new or used) in accordance with Article No. 16 of Law No. 725/2004 Coll. on commercial conditions for driving vehicles in road traffic and on changes and amendments to certain laws as amended. The European Certificate of Conformity (C.O.C) is a document confirming that the type of vehicle manufactured meets all the technical requirements which have been prescribed for the approval of this type by the EU (hereinafter referred to as the European Certificate of Conformity) .
1.4 These commercial conditions delimit and determine the rights and obligations of the customer and of the CERTIFICATE OF CONFORMITY resulting from the Contract with regard to the Certificate of Conformity and their updated text forms an integral part of the said Contract. These commercial conditions are binding on both contracting parties.
1.5 In the event that the client and CERTIFICATE OF CONFORMITY have not entered into a particular intermediary contract with regard to the certificate of conformity in written form, it is considered that the intermediary contract with regard to the certificate of conformity has been concluded by through the electronic commerce system at www.certificat-conformite.fr (website)
1.6 By the client, any person any natural or legal person who, after being authorized, has sent an electronic order for a certificate of conformity which has been processed by the system of the website.
1.7 A customer is any person who declares to have read the General Conditions of Sale when ordering the Certificate of Conformity on the site https://coc-europe.fr
2) ORDER of the Certificate of Conformity
1 The order is defined by the electronic form in which are entered all the customer information and the vehicle data from which we will issue the European Certificate of Conformity.
2 The customer by placing the order declares that he recognizes without reservation the electronic form of communication, in particular via e-mail and the Internet network and commits the two contracting parties.
3 All orders must include:
3.1 Last name and first name of the customer, home address, email address, if applicable the postal address if this is not the same as that of the home, the telephone number, the billing details,
3.2 The brand, the date of first registration of the vehicle, the V.I.N. (vehicle identification number), model name.
4 The contract for the online sale of the European Certificate of Conformity between the customer and the merchant is concluded following the order under the following conditions:
5 The electronic confirmation (via email) is not considered as the firm confirmation of the order, it depends on the validation of the payment via Paypal or Banque Populaire. Once the payment has been validated, the order is then taken into account and processed giving rise to an obligation of means. If it cannot be processed, the customer will be reimbursed the amount incurred by check or Paypal.
3) RIGHTS AND OBLIGATIONS OF THE CUSTOMER
1 The customer is obliged:
1.1 to enter actual data into the order.
1.2 to pay on time and by the agreed method the sum due for the issue of the certificate of conformity,
1.3 to update their personal data and billing details in the event of a change of address by sending them by email to customer service firstname.lastname@example.org
1.4 to ensure the receipt of the European Certificate of Conformity while being reachable at the determined telephone number or present at the address of the delivery of the certificate during the days of its delivery.
2 The customer has the right:
2.1 to cancel the order before its payment
2.2 to be reimbursed for the amount paid in the event of non-existence, non-issuance of the European Certificate of Conformity for the vehicle in question or in the event of impossibility to complete the order. If necessary, the amount of the amount due paid will be refunded to the customer without delay.
4) RIGHTS AND OBLIGATIONS OF COC EUROPE
1 CERTIFICATE OF CONFORMITY is required:
1.1 to provide the customer with the European Certificate of Conformity according to the data entered in the order; in the event that it is impossible to obtain a Certificate of Conformity, the Company may take steps to obtain any other approval document, depending on the technical characteristics of the vehicle and subject to the Customer fulfilling additional formalities at his expense, with a view to obtaining a gray card at the prefecture. In some cases, the certificate of conformity may prove to be insufficient to obtain the gray card directly from the prefecture; additional formalities at the customer's expense will therefore have to be carried out.
1.2 to provide the customer with the European Certificate of Conformity as soon as possible,
1.3 to inform the customer without delay of the circumstances which may lead to a delay in the processing of the order and a postponement of the period necessary for the acquisition of the European Certificate of Conformity.
2 CERTIFICATE OF CONFORMITY reserves the right:
2.1 to be duly and on time paid by the customer for the issue of the European Certificate of Conformity
2.2 to put the system out of service for technical and maintenance reasons, which may make the website temporarily inaccessible,
2.3 to terminate the contract in the event of non-payment by the customer within the period determined in advance.
2.4 to refuse the order in the event that the customer has debts from previous orders towards the trader at the time of entering the order,
2.5 to terminate the contract in the event of non-existence of the European Certificate of Conformity or in the event that the order cannot be carried out.
5) PAYMENT TERMS
5.1 The remuneration relating to the acquisition of the certificate of conformity is to be paid by PayPal or by CB Banque Populaire secure site – Banque Populaire electronic payment services (www.paypal.com)
5.2 The remuneration for the acquisition and provision of the certificate of conformity is deemed to have been paid when the account of the acquirer is credited with the full amount of the sum if the two contracting parties have not agreed by written on another payment method.
5.3 CERTIFICATE OF CONFORMITY asks to pay its remuneration for the acquisition of the certificate of conformity in advance after having received firm confirmation from the customer via Paypal or CB Banque Populaire payment if the Commercial Conditions or the agreement concluded between the two contracting parties do not stipulate otherwise.
5.4 CERTIFICATE OF CONFORMITY reserves the right to agree with the customer on payment methods different from those appearing in the said Commercial Conditions.
5.6 CERTIFICATE OF CONFORMITY accepts payment by check and bank transfer exclusively for bulk orders.
6) CONDITIONS OF ACQUISITION
6.1 The times for processing orders and providing the certificate of conformity are individualized because they depend on the brand of the vehicle.
6.2 The delivery times for the various certificates of conformity appearing on the website https://coc-europe.fr are given for information only and depend on the conditions of the CERTIFICAT DE CONFORMITE partners. The execution times for orders and delivery of the certificate are individual and depend on the type and brand of the vehicle as well as the country of first registration. All lead times announced are calculated in working days. In certain exceptional cases, the delivery time may vary without exceeding 3 months from the payment of the order or the last date of receipt of all the documents necessary for the publication of the approval certificate for obtaining the COC ( European certificate of conformity) or 6 months to obtain the identification certificate or any other tailor-made document.
6.3 The waiting time for receipt of payment from the customer is not included in the delivery time.
6.4 Transport to the delivery address is provided by the Post Office.
6.5 The subscription must be understood as the acceptance of the order via an electronic communication medium. The order is concluded on the date indicated and not on the date of delivery of the European Certificate of Conformity or any other document helping to obtain a gray card in the prefecture. If this period expires on a Saturday or Sunday or a public holiday, it is extended until the next working day.
In the event that the European certificate of conformity does not exist, please refer to the section "Attestation https://coc-europe.fr
NB: when the order is paid, the customer undertakes to provide all the documents required in order to be able to carry out the service (certificate of approval); if applicable, 50% of administration fees will be deducted from the amount of the order in the event of cancellation; finally, if the customer decides at the same time to make the request to another supplier and wishes to cancel the order, a deduction of 50% of the sums paid will be retained.
6.6 Pricing Information:
Prices are detailed on the website. https://coc-europe.fr. The Company undertakes to guarantee the Customer the maintenance of the price at which payment was made on the day of the order, it being specified however that this guarantee does not apply to the additional costs which may be claimed from the Customer for the obtaining an approval document other than the European Certificate of Conformity. Obtaining the certificate of conformity or any other approval document may, in the following cases, lead to the invoicing of the Customer of additional costs, fixed price of 350 euros, except for exceptions made on estimate:
- The date of 1st circulation is before 1998
- A certificate has been ordered for a passenger vehicle instead of a professional vehicle (change of category)
- The vehicle does not comply with European or national standards
- The order concerns a special vehicle (military vehicle, embassy vehicle, etc.)
- The request concerns additional documents not provided by the Customer (ex: conformity of optics (headlights) for English vehicles)
- The letter K of the vehicle registration document is incomplete or missing
- Some mentions are missing from the gray card
- The chassis number indicated when ordering is incorrect
- The vehicle is intended for Export (outside France)
- The country of 1st registration of the vehicle is different from the last registration
The Customer may contact the Company by email at email@example.com or by telephone to obtain the price of the desired approval document. The prices indicated are fixed for a minimum period of one month.
7) CANCELLATION OF THE CERTIFICATE OF CONFORMITY ORDER
7.1 Cancellation of the order by the customer:
The right of withdrawal cannot be exercised for contracts:
- a) The supply of services fully performed before the end of the withdrawal period and the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal.
- b) Pursuant to Article L.121-20-2 (3°) of the Consumer Code, the right of withdrawal cannot be exercised for goods made to the consumer's specifications or clearly personalized or which, as a result of their nature, cannot be returned.
- c) After said confirmation of the order (Paypal payment validated), or CB Banque Populaire, it can no longer be canceled by the Customer. Said provisions are applicable even to the regular customer unless the contracting parties find another agreement.
7.2 Cancellation of the order by the purchaser:
CERTIFICATE OF CONFORMITY reserves the right to cancel all or part of the order under the following conditions:
- a) it is impossible to obtain the certificate of conformity or the price set by the subcontractor has changed significantly. If necessary, CERTIFICATE OF CONFORMITY will contact the customer without delay in order to agree on the future steps to be taken,
- b) in the event that, despite all the efforts that can reasonably be requested of the purchaser, and the latter is unable to provide the certificate of conformity within the specified period and at the agreed price or at the price appearing on the website https://coc-europe.fret if there is no other agreement with the customer.
When the order is placed between professionals, it is the service that is invoiced and administrative costs may therefore apply in the event that the latter wish to abandon the order, do not provide the required documents... the costs represent 50% of the total amount of the order.
In the event that the customer has already paid all or part of the full amount of the remuneration, the amount paid will be refunded to him by Paypal, by check or by transfer. This sum will be refunded to him as soon as possible.
In the event that the customer wishes to give up his order following changes to the terms and conditions due to the increase in the cost of the approval certificate or the unavailability of the European certificate of conformity, the latter must send a letter expressing without ambiguity his will to retract and bearing the mention “retraction” on the envelope as well as attaching the photocopy of the identity of the buyer.
- c) If the consumer has expressly requested during the process of his order to be able to benefit from the withdrawal period as provided for in article L121-21 of the consumer code, the consumer then has a period of fourteen days to exercise his right to retract.
8) ORDER of the Certificate of Conformity
8 The purchaser accepts no liability in the event of:
- a) late delivery of the certificate of conformity caused by the communication of an incorrect address of the customer or the delivery recipient,
- b) incorrect data appearing in the certificate of conformity following incorrect data entry in the order by the customer,
- c) loss of couriers caused by an incorrect address entered by the customer as the recipient of the delivery.
Since January 1, 2016, every consumer has the right to call a consumer mediator free of charge for the amicable resolution of a dispute between him and a professional. This is the principle set out in the order of August 20, 2015 on the out-of-court settlement of consumer disputes transposing the European directive of May 21, 2013 (2013/11/EU) into the Consumer Code.
9.1 Any defects in the certificate of conformity must be communicated without delay to CERTIFICAT DE CONFORMITE by email and the certificate of conformity presenting the said defect must be sent with the attached invoice to the address of the purchaser's head office. After receipt of the certificate of conformity subject of the complaint and after having recognized the merits of the complaint, the purchaser is required to contact the customer in order to reach an agreement following his complaint.
9.2 The supplier will only be held liable for defects relating to the Certificate of Conformity which would have resulted from its own doing. The customer has the right to request the correction of the defect of the certificate of conformity by sending a new certificate of conformity at the expense of the supplier. If it is impossible for the supplier to obtain a new certificate of conformity or if said acquisition represents inappropriate costs or if the supplier is not in a position to provide the new certificate of conformity within a reasonable time, the customer has the right to terminate said contract and request reimbursement of said remuneration paid.
9.3 In the event of a defect in the Certificate of Conformity, the liability being that of the manufacturer of the vehicle itself (for example, error in the VIN number of the vehicle or an error in the writing which is a cause for rejection for the purpose of providing the corresponding certificate of conformity), the supplier must provide, at the customer's request, the certificate of conformity without defect except when the vehicle data has been erroneous during the electronic order on the part of the customer: in this case precisely, CERTIFICAT DE CONFORMITE cannot not refund or substitute the certificate of conformity. Said cooperation, in accordance with the preceding sentence, can in no way be considered as an acceptance of responsibility on the part of the supplier for said defects in the certificate of conformity. Unless the contracting parties agree otherwise, the costs incurred in providing a certificate of conformity without defects shall be borne by the Customer.
10) PROTECTION OF PERSONAL DATA
10.1 CERTIFICATE OF CONFORMITY collects personal data exclusively to meet its obligations towards the customer and will use it in particular for the establishment of the invoice, to contact the customer in order to process his order and to deliver him the certificate compliance. The acquirer is responsible for the use of the customer's personal data for other purposes and for their provision to third parties (apart from the data necessary to be made available for the delivery of the certificate).
10.2 CERTIFICATE OF CONFORMITY collects the following personal data: first and last name, address, e-mail address, and contact telephone number.
10.3 CERTIFICATE OF CONFORMITY may make available to third parties or the public summary statistical data relating to customers, website traffic, turnover and other data if such data makes it impossible to identify customers.
11) FINAL PROVISIONS
11.1 CERTIFICATE OF CONFORMITY reserves the right to unilaterally modify or supplement the said Commercial Conditions. CERTIFICATE OF CONFORMITY is a site and the property of Appointment 123 LLC. Any changes and additions to the Terms of Business shall become effective upon posting of the full (updated) text of said Terms of Business on the website www.certificat-conformite.com. The Commercial Conditions thus modified and supplemented come into force on the date appearing therein.
11.2 The Commercial Conditions applicable to the individual relationship between the customer and the supplier are those which were published on the purchaser's website on the day of the final confirmation of the electronic order by the customer, except in cases where it has been agreed other conditions in writing between the contracting parties.
11.3 By sending the firm confirmation of the electronic order, the customer accepts without reservation all the provisions of the Commercial Conditions in force on the day of sending of the said order.
11.4 The said Commercial Conditions take effect on the date of entry into force and this from the day of their publication on the website https://coc-europe.fr, namely 08-04-2019.