Porsche Cayman S 3.4 325 CV

Informations juridiques

TERMS OF SALES OF THE SELLER Art.1 - Definitions In the CONFORMITY SHEET form for the used vehicle, we mean: (RC) Refurbished: replaced/reconditioned (NC) Normal conditions of use: under wear conditions compatible with the age and mileage of the vehicle. (IR) Recommended intervention: to be restored following normal mechanical degradation or because it is in unusual wear conditions. (RN) Repair Necessary: to be replaced/repaired or close to breakage and which may jeopardize the normal use of the vehicle. Absent: equipment not available on the car Art.2 – Acceptance of the order The Buyer's order is only considered binding for the Seller in the presence of written acceptance. Failure to accept the order only results in the refund to the buyer of the deposit referred to in the following article, to the exclusion of any other claim. Article 3 – Deposit The buyer's Order must be supported by the payment of a sum, indicated by the seller, as a security deposit. The amount deposited does not bear interest and will be lost by the seller in the event the order is revoked by the buyer. Art.4 – Price and terms of payment and transfer of ownership The PRICE for the purchase of full and exclusive ownership of the car is inclusive of VAT and must be paid by the BUYER to the SELLER according to the terms and conditions specified in this contract. All costs relating to the transfer of ownership of the car remain the responsibility of the BUYER, as well as taxes, compulsory civil liability insurance and any administrative procedure linked to the possession, sale and circulation of the car. In the event that the vehicle is delivered to the buyer before having made payment of the agreed amount, the seller reserves the right of ownership of the vehicle until payment of the balance of the sum. Art.5 – Collection of the motor vehicle/moped The vehicle must be collected within 10 days. from the date of acceptance of the order if it is immediately available. In the event of failure to collect within these deadlines, the seller has the right to terminate the contract for non-compliance by the buyer, with loss of the security deposit paid by the buyer, and may also claim the costs incurred for the possible agreed restorations. during the negotiation and definition of the order and the act, without prejudice to any other right and in particular to compensation for greater damage. Art. 6 - Legal guarantee of conformity In compliance with the provisions of paragraph 2 of the Art. 134 of Legislative Decree 206/2005, the customer and the seller agree that the customer's rights, active pursuant to art. 128 and following of Legislative Decree 206/2005 and subsequent amendments and/or additions, bind this guarantee of the seller limited to 12 months from delivery of the vehicle (art.134 paragraph 2). Pursuant to current legislation, the Buyer declares: To have carefully viewed and tested the used vehicle covered by this proposal and to accept it in its current state and conditions To agree that defects of conformity may be asserted exclusively in relation to the content of the "used vehicle conformity sheet" form which forms an integral part of this proposal; The BUYER must report the lack of conformity and/or defects to the SELLER preferably in writing, by registered letter with return receipt, within two months from the date of discovery of the defect. To be aware of the fact that it will not be possible to assert defects of conformity when they are evident or detectable at the time of delivery of the vehicle. To take note of the fact that any defects of conformity can only be referred to defects not deriving from the normal use of the vehicle during construction and the age of construction of the same and the number of kilometers travelled, and that the actual conditions of use result from the "conformity assessment sheet" To agree that defects deriving from normal wear and tear, lack of maintenance or failure to comply with the same instructions provided by the manufacturer regarding the use and maintenance of the vehicle cannot be considered defects of conformity. The Buyer agrees, in accordance with the provisions of the art. 130 of Legislative Decree 206/2005, that in the event of ascertained "non-conformity of the vehicle, the Seller will, as a priority, restore it. The demand for different solutions to remove the defects of conformity may be made by the Buyer but must take into account the extent of the defect and the severity of the inconveniences that the Buyer may incur as a result of it. The parties agree that in the case of sales to a holder of a VAT number, regularly invoiced, the legislation referred to in the first paragraph cannot be applicable, since the quality of consumer does not exist, but the articles will apply. 1490 and following of the civil code regarding "guarantee of defects in the thing sold". In particular in relation to the articles. 1490 and 1491 of the code. civil law, the exclusion of the guarantee is agreed. The buyer acknowledges that if the vehicle in question in this proposal is not intended for personal consumption but for resale, he hereby expressly renounces any right of recourse against the seller by virtue of the faculty granted by the art. 131 of Legislative Decree 206/2005. Art. 7 – Processing of personal data We inform you that pursuant to art. 13 of the Legislative Decree. 193/2003 containing "Code regarding the protection of personal data", that the personal data provided by you and therefore acquired in the context of contractual relationships with you existing or that will be established in the future, may be processed in compliance with the law in question. The processing of data is aimed at fulfilling contractual legal obligations. We also inform you that the personal data provided by you or acquired during the contractual relationship may be communicated to the following subjects: the financial administration, social security institutions if necessary ; to the Public Security Authority; to companies, bodies or consortia with the aim of protecting credit, which may communicate the data among their members, members and related users, within the limits of their respective institutional purposes; to credit recovery companies or bodies for actions relating to the recovery of the same; to companies, bodies, consortia or other organizations with insurance, financial intermediation, banking or similar purposes, which in turn may communicate the data or grant access to their members, members, users and related assignees ; to banks or credit institutions as part of the financial management of the company; to external companies appointed by the company for the custody and/or management of our archives. We also inform you that in relation to the aforementioned data you can exercise the rights referred to in the Legislative Decree. 196/2003 including the rights of access, updating, opposition to processing and cancellation. We also inform you that the owner and/or data controller is the seller. We would like to point out that the provision of the aforementioned data in general is not mandatory but any refusal to authorize the communication of your data to the subjects indicated above could make it impossible to proceed with the timely fulfillment of the contractual obligations. Art. 8 – Mechanical Breakdown Guarantee – Effectiveness The vehicle being sold is guaranteed against mechanical failures within the limits, terms and conditions set out in the attached Warranty Booklet. The buyer accepts and declares to be fully aware of the contents of the warranty booklet, and in particular declares to have read it specifically, also pursuant to the articles. 1341 and 1342 c.c. of the provisions contained therein in the warranty booklet. It is understood between the Seller and the Buyer that this warranty has effect exclusively on the Buyer who is the first purchaser of the vehicle, ceasing for all legal purposes in the event of resale by the Buyer who in this case remains obliged to return the Warranty Booklet. to the seller as the possibility of transferring the contract is excluded. Art. 9 – Taxes and Charges Taxes, charges and administrative formalities, present and future, inherent to the sale and use of the vehicle are the sole responsibility of the buyer. The compulsory civil liability insurance to which the circulation of the vehicle is subject by law must be stipulated at the buyer's expense and care before collecting the vehicle. Art. 10 – Competent Court For any dispute, the judicial authority of the purchaser's place of residence is competent unless the purchaser is the holder of a VAT number as indicated in the art. 5 paragraph 4 of these general conditions, in this case the seller's court will have exclusive jurisdiction. In acknowledging that I have taken full knowledge of each of the above-mentioned clauses and the general conditions of sale, I declare that I approve and sign pursuant to and for the legal effects of the articles. 1341 and 1342.