Terms and Conditions of Sale
TERMS AND CONDITIONS OF SALE
These Terms and Conditions govern the relation between Josman Cars and Buyer in relation to Buyer’s use of the Platform and in relation to the sale and delivery of vehicles from Josman Cars to Buyer. Buyer expressly acknowledges having read, understood and agreed with all the present terms and conditions.
2. Transport and delivery of vehicle
1. Invoicing and Payment
1.1 Invoice and Purchase Contract
Once the Buyer has submitted the order form we will issue the Invoice and Vehicle Sale agreement and send them by email.
The Vehicle Sale Agreement is a legal contract signed and stamped by our manager which contains the transaction terms outlined below.
After receiving the contract, the Buyer must read it, sign it and send it back to us by email or hand it to our delivery agent upon delivery.
1.2 Payment
The Buyer must submit the payment by bank transfer within 2 business days since the payment invoice was issued.
We require the full payment upfront if the vehicle’s price is lower than €10,000.
For prices over €10,000, we require a 50% refundable deposit. The 50% balance of payment will be paid after the car is delivered to the Buyer.
Do not submit an order unless you can pay it. After you have submitted and order, you are unable to cancel it. So the payment must be made.
However, this payment is refundable without quibble if you decide not to proceed at any point of the sale.
2. Transport and delivery of vehicle
Transport of the Vehicle will be performed by Josman Cars to a place and date that is suitable to the Buyer. This might be a home or a work address.
The vehicles are delivered within Europe for a fee that vary between €250 and €850 depending on Buyer’s physical location and type of Vehicle (Contact us for shipping quote).
Transport shall not be organised by Josman Cars until the payment/deposit is credited to Josman Cars’s bank account mentioned on the invoice.
The vehicles are delivered on a trailer within 4 to 10 business days since the payment is credited to Josman Cars’s bank account.
3. Documentation
On the day of handover the Buyer will need to provide an identity document (Identity Card / Passport or Driving License) to prove that he is the person we registered as buyer.
We will provide all of the documentation pertaining to your vehicle purchase including:
– Vehicle Registration Certificate
– Purchase Contract
– Invoice
– Warranty Certificate
– European Certificate of Conformity (COC)
– Service History (if applicable)
– Damage report (if applicable)
– Vehicle Insurance certificate (valid for 1 month)
– Temporary number plates (valid for 1 month)
– Valid PTI certificate (Periodical Technical Inspection)
4. Returns and cancellations
4.1 Return Policy:
On delivery of the Vehicle, the Buyer benefits from our 5 Days Trial Period in order to verify itself that the Vehicle complies with the Josman Cars Vehicle Description. During this period the Buyer has the option to accept or reject the vehicle.
Defects in or damage to parts of the Vehicle that were not described on the vehicle description on the time of purchase will entitle Buyer to reject the Vehicle.
If the vehicle is not as described, we will collect ourselves the vehicle with no cost for the Buyer and will refund the payment in full.
4.2 Cancellation:
– You cannot cancel your transaction at any point during the sale. After you have submitted an order, you are unable to cancel it. So the payment must be made. If you refuse to pay then you will be breaking a legal contract. Aside from initiating a foreclosure process by using this agreement in court, the Buyer will be blocked from buying from our company.
– The Buyer may choose to cancel the transaction at the point of handover. In this instance we will cancel the sale and refund the payment as well as any delivery charges purchased by the Buyer.
5. Vehicle Information
Buyer expressly acknowledges that all the vehicles are previously inspected by our team of experienced technicians to ensure that we haven’t missed anything and will come with 1 year warranty.
Vehicle Information may consist of one or more types of information, each of which shall be clearly identified as such on the Platform on the Vehicle Description and photos.
Josman Cars promises that for each vehicle offered for sale: the make, model and year of first registration are correct as listed:
– the displayed images accurately show the general appearance of the vehicle’s exterior and interior at the time of sale;
– there is no outstanding finance on the vehicle;
– valid legal ownership of the vehicle will pass to you after you pay in full;
– if you pay us a deposit or the full price for a vehicle, you are guaranteed to receive the vehicle;
– if a vehicle is advertised as having keys and/or documents, you will receive those keys and documents;
– the vehicle’s ‘Run & Drive’ condition has been accurately classified; and
– at the time the vehicle was listed for sale, the vehicle’s odometer reading was no less than the mileage recorded against the vehicle’s registration number in the most recently available chassis number (VIN) information.
If any of the above conditions are not met, we will refund the purchase price and all buyer’s fees and applicable taxes.
6. Warranty
Josman cars solely warrants that on the date of delivery the Vehicle conforms to the Josman Cars Vehicle Description.
1 Year Warranty are offered to all the vehicles sold through Josma Cars Platform.
For any technical problems that occurs within 1 year since the purchase of vehicle, Buyer shall notify the defect as soon as possible by submitting to Josman Cars document from an official workshop or dealer which describes the technical damage and lists the ID numbers of the required spare parts along with the proforma invoice for the repairs.
Josman Cars will pay for repairing the vehicle within 48 hours since receiving the proforma invoice.
7. Definitions
Buyer: the natural person or legal entity who is submitting an order for purchasing a vehicle through the Platform, as identified in the Order Form;
Invoice: an invoice which has been issued and sent in an electronic format as chosen by Josman Cars. This is the legal form of invoice sent by Josman Cars;
Vehicle Sale agreement: a legal contract signed and stamped by our company manager which contains the transaction terms outlined above;
Auction: the process of buying in which the vehicle is sold to the highest bidder;
Buy it Now price: it is a fixed price of the vehicle which gives the opportunity to the Buyer to purchase it immediately whithout going to auction;
Export: a supply of goods that are delivered and carried outside of the European Union;
Platform: the online platform operated by Josman Cars via which Buyer is able to submit an order for the purchase of Vehicles, accessible via www.josmancars.net;
Transport Fees: the amount payable by Buyer for transport of the Vehicles;
Vehicle Information: any photos, description, information, documentation and/or other materials regarding the Vehicle advertised via the Platform, including the Josman Cars Vehicle Description.
These Terms and Conditions and any Josman Cars Sale are governed by the United Nations Convention on Contracts for the International Sale of Goods (CISG) and construed in accordance with European Union law, without reference to the conflict of law rules.
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