MOKE GENERAL TERMS AND CONDITIONS OF SALE AND WARRANTY

ONLINE SALES

 

These terms and conditions (the “Terms and Conditions”) apply to all orders for new vehicles (the “Vehicle”) made between MOKE France SAS, Limited liability company with a share capital of 1000 euros, registered under the number 909 719 858 RCS Paris, whose headquarters are at 45, avenue Montaigne, 75008 Paris (the “Seller”) and a user of the website (the “Customer”) on the Website www.moke.fr (the “Internet Website” or the “Website”).

 

MOKE France is the exclusive and official reseller for the French territory of the company MOKE INTERNATIONAL LIMITED, a company under English law registered under the number 09728676, having its registered office at Unit 3 Wingrave Road, Aston Abbots, Aylesbury, Buckinghamshire, HP22 4LU United Kingdom, being here specified that the company MOKE INTERNATIONAL LIMITED is the manufacturer of the Vehicle.

 

They have been brought to the Customer’s attention prior to the conclusion of the sale (the “Agreement”) and feature expressly on the Website.

 

Any order placed on the Website implies unreserved acceptance of these General Terms and Conditions.

 

1.     PERSONAL DATA

Personal data collected on placing the order is intended for MOKE for the purposes of processing your order. All fields marked with an asterisk are compulsory. If you do not provide them, MOKE may not be able to process your order for a new Vehicle.

 

Unless you object, you may receive commercial offers from MOKE regarding its products and services, news and events (newsletters, invitations, questionnaires, surveys and other publications).

 

In accordance with the General Data Protection Regulation 2016/679 of 27 April 2016 and the French Data Protection Act 78-17 of 6 January 1978, as amended, you have a right of access, rectification, erasure, limitation of processing, portability, as well as a right of opposition to the processing of your personal data when such data is processed for direct marketing purposes. You can also send MOKE instructions on what should happen to your data after your death. You may withdraw consent at any time when processing is based on consent.

 

You can exercise these rights by sending a request to MOKE, 45 avenue Montaigne, 75008 Paris, or by email to the following address: willy@moke.fr.

 

  1. SELLER, BUYER, VEHICLE SOLD AND SALE AGREEMENT

The Website allows the online purchase of new MOKE Vehicles to be manufactured and Vehicles in stock.

 

The Vehicle Sale Agreement consists of the provisions on the Website as supplemented by the Customer and these General Terms and Conditions.

 

The order summary on the Website and these Terms and Conditions may be recorded and printed by the Customer.

 

These Terms and Conditions, the products and prices featuring on the Website may be changed at any time without notice. They remain valid as long as they are visible on the Website. All orders are governed by these General Terms and Conditions and the prices online on the Website when the order is placed.

 

In the event where MOKE makes changes to the Vehicle, taking into account technical developments, they shall not affect the quality of the Vehicle and shall not modify its price.

 

3.     STEPS OF THE ONLINE ORDER

  • 3.1 Launch Campaign – Pre-Booking
 

On launch of the Vehicle, the Seller allows the Customer to pre-book an option to order a Vehicle (the “Pre-Booking“).

In the scope of a Pre-Booking, the Customer does not choose any option or finishing for the Vehicle, but simply benefits from a priority to order a Vehicle on the marketing launch starting from May 2022.

Once the Pre-Booking has been paid, the Customer shall be contacted by the Seller in order to formalise the order for a Vehicle to be manufactured.

To this end, the Customer must enter the following information:

  • If the Customer is a natural person:
    • Last name and first name
    • Email
    • Telephone number
  • – If the Customer is a legal person:
    • Last name and first name of the legal representative
    • Company name
    • VAT number
    • Email
    • Telephone number

The Pre-Booking is invoiced to the Customer at the amount of €990.

 

Online payment of the deposit shall be made by credit card (Carte bleue, Visa and Master Card).

The Customer shall have the option to freely cancel the Pre-Booking, without reason and without penalty, at any time from the payment of the Pre-Booking until the conclusion of a Vehicle order, provided that they inform the Seller by email sent from the email address entered for the Pre-Booking, stating their contact details. The cancellation shall be effective on the Customer’s receipt of the Seller’s acknowledgement.

In the event where a Vehicle order is placed by a Customer, who has made a Pre-Booking, the amount of the Pre-Booking shall be deducted in full from the Vehicle price.

 

 

  • 3.2 Order of a Vehicle to be manufactured

 

The Customer configures a Vehicle to be manufactured of their choice according to the options offered on the Website. It is specified that not all options and finishes of the MOKE range are systematically available on the Website.

 

To configure a Vehicle, the Customer can choose from various possibilities of finishes, colours and trimmings. They can also choose one or more options if they so wish.

 

Depending on the Customer’s choices, the price of the Vehicle and the delivery date are updated.

 

Any current commercial offers are presented to the Customer. These offers are valid in event of purchase of a new Vehicle on the Website, subject to any terms and conditions stipulated.

 

A delivery date is displayed on the Website.

 

A summary is presented to the Customer, including:

  • The overview of the selected new Vehicle;
  • The price excluding the Vehicle options;
  • The price of each option chosen (if applicable);
  • The total price of the Vehicle;

The Customer then enters and confirms their personal details.

 

It is pointed out that only French residents can benefit from the ecological bonus.

 

By confirming the order with an obligation to pay on the Website, the Customer confirms their acceptance of the terms and conditions of the Agreement and accepts these General Terms and Conditions.

 

Before the “Order with payment obligation” button, the Customer has the possibility to check the details and the total of their order and abandon the process.

 

The Customer is then asked to pay a deposit of €[990] online. The Order is valid and takes effect, for the delivery and price guarantee of the Vehicle, only with effect from the Customer’s payment of this deposit. The following bank cards can be used to make this payment: Carte bleue, Visa and Master Card.

 

The Customer then receives an order confirmation email specifying the provisions of the Agreement.

 

  • 3.3.Ordering a Vehicle in stock – APPLICABLE FROM MAY 2022

 

The Customer selects a new Vehicle. Different selection criteria (price, energy, model, finishes, etc.) are available to the Customer.

 

Different information is presented to the Customer:

  • The price (incl. tax) of the Vehicle and each of its options. This price includes the costs of preparing the Vehicle ;
  • The characteristics of the Vehicle: technical characteristics, equipment details, options, etc.

Any current commercial offers are presented to the Customer. These offers are valid in case of purchase of a new Vehicle on the Website, subject to any terms and conditions stipulated.

 

The Customer then enters their personal details.

 

The Customer is then asked to read and approve the Terms and Conditions in a checkbox.

 

A summary is then presented to the Customer featuring the chosen Vehicle and its options as well as:

  • the price (incl. tax) of the Vehicle excluding options;
  • the price (incl. tax) of each option;
  • the total price of the Vehicle (incl. tax) of the Vehicle, including options;
  • the cost of the registration certificate and any car insurance surcharge;

It is pointed out that only French residents can benefit from the ecological bonus.

 

By confirming the order with an obligation to pay on the Website, the Customer confirms their acceptance of the terms and conditions of the Agreement.

 

The Customer is then asked to pay a deposit of €990 online. The Order is valid and takes effect, for the delivery and price guarantee of the Vehicle, only with effect from the Customer’s payment of this deposit. The following bank cards can be used to make this payment: Carte bleue, Visa and Master Card.

 

An order confirmation page is then displayed.

 

The Customer then receives an order confirmation email specifying the provisions of the Agreement.

 

 

4.     PRICE – PAYMENT

The price of the Vehicle ordered is displayed on the Website. It is guaranteed until the end of the contractual period for delivery of the Vehicle, and, in the event of an overrun not attributable to the Customer, until it is made available, unless the price variation results from technical or tax changes imposed by the public authorities.

 

In this case:

 

  • The price of the Vehicle shall be the price in force on the delivery date,
  • The Customer may, if the price of the Vehicle is higher than the price fixed in the Order, apply Article 7.2 CANCELLATION below.

The price guarantee applies only to the Vehicle ordered.

 

The price of the Vehicle shall be payable as follows:

  • The Customer must pay a deposit of €990 online on ordering the Vehicle;
  • The balance of the Vehicle price must be paid on its effective delivery date by bank transfer. The transfer must reach MOKE at the latest two days before the actual delivery.

Online payment of the deposit shall be made by credit card (Carte bleue, Visa and Master Card).

 

Transfer of ownership of the Vehicle shall take place on effective delivery as defined in Article 5. DELIVERY below.

 

 

5.     DELIVERY

Delivery of the Vehicle shall take place:

                  (i) at 31 route des plages, 83990 Saint-Tropez, France or ;

                  (ii) at an address determined by the Customer.

In this second case (ii), MOKE shall indicate to the Customer, once the order has been placed, the cost of delivery to the address indicated. If the delivery costs prove to be too high or if the Customer does not wish to receive the Vehicle at the address indicated, he can always ask MOKE to deliver the Vehicle 31 route des plages, 83990 Saint-Tropez

 

Delivery shall take place at delivery date stated on the Website on placing the Order. However, in the event of an amendment of the Order at the Customer’s request as well as in the event of force majeure as defined by law and case law in force or an event such as a fire, flood, requisition, labour dispute, etc., exhibiting the characteristics of force majeure, affecting the manufacturer, its suppliers or subcontractors, or the Seller, the aforementioned delivery deadline date shall be postponed by two (2) months.

 

In any case, in case of delay, the Seller undertakes to inform the Customer as soon as possible in order to agree together on a new delivery date.

 

The delivery dates stated on the Website are valid for an order on the same day. A MOKE sales representative shall contact the Customer during the days following the order to arrange a delivery appointment.

 

In accordance with the provisions of Articles L.216-1 and L.216-6 of the French Consumer Code, except in cases of force majeure, in the event of a breach of the delivery obligation within the delivery deadline specified on placing the order, the Customer may cancel the Agreement when the Seller refuses to deliver the Vehicle or when it does not fulfil its delivery obligation at the end of the time limit. The Agreement shall be deemed cancelled on the Seller’s receipt of the letter or document giving it notice of cancellation, unless the Seller has performed its obligation during this period.

 

When the Agreement is terminated under the terms and conditions stipulated in the preceding paragraph, the Seller shall reimburse the Customer in full for the sums paid, at the latest within seven (7) working days following the date on which the Agreement was cancelled.

 

The Customer is required to take delivery of the Vehicle within 15 (fifteen) days following the Vehicle being made ready by the Seller.  Failing which, the Seller may apply the provisions of Article 7 CANCELLATION below.

 

On delivery, the Customer must present the Seller with an original official identity document, of which the Seller may take a copy.

 

The delivery shall result in the Seller and the Customer signing a delivery note, each of which shall keep a copy.

 

 

6.     LEGAL WARRANTIES

The Customer, who is a natural person, who is acting for purposes outside their commercial, industrial, skilled trade or self-employed business, benefit from the legal warranty of conformity, as defined in Articles L.217-3, L.217-4, L.217-5, L.217-12, L.217-16 and L.217-28 of the French Consumer Code, set out at the end of these General Terms and Conditions.

When taking action under the legal warranty of conformity, the Customer:

  • has a period of two years from the delivery of the product to take action. This warranty period shall apply without prejudice to Articles 2224 et seq. of the French Civil Code. The starting point for the time limit on the consumer’s action shall be the day on which the consumer becomes aware of the non-conformity;
  • May choose between repairing or replacing the product, subject to the cost conditions provided for by Article L.217-8 of the French Consumer Code;
  • Shall not be required to provide proof of the existence of the non-conformity of the goods during the 24 months following the delivery of the goods. The legal warranty of conformity shall apply independently of any commercial warranties granted by the Seller. The Customer may decide to file a claim under the hidden defects warranty for items sold within the meaning of Article 1641 of the French Civil Code. In this case, they may choose between cancellation of the sale or a price reduction in accordance with Article 1644 of the French Civil Code.

The aforementioned articles of the French Civil Code are set out at the end of these General Terms and Conditions.

 

 

7.     CANCELLATION

 

In accordance with the provisions of Articles L.216-1 and L.216-6 of the French Consumer Code, except in cases of force majeure, in the event of a breach of the delivery obligation within the delivery time limit stated on placing the order, the Customer may cancel the Agreement when the Seller refuses to deliver the Vehicle or when it does not fulfil its delivery obligation at the end of the period. The Agreement shall be deemed cancelled on the Seller’s receipt of the letter or document giving it notice of cancellation, unless the Seller has performed its obligation during this period.

 

When the Agreement is terminated under the terms and conditions stipulated in the preceding paragraph, the Seller shall reimburse the Customer in full for the sums paid, at the latest within seven (7) working days following the date on which the Agreement was cancelled.

 

The Seller may automatically cancel the Order without prior notice, in accordance with Article 1657 of the French Civil Code, if within the 15 (fifteen) day period stipulated in Article 5, the Customer has not taken delivery of the Vehicle. The deposit paid by the Customer shall remain the Seller’s property as compensation.

 

 

8.     CUSTOMER’S WITHDRAWAL RIGHT

The Customer has the right to withdraw their order without giving any reason.

 

The withdrawal period begins on the day on which the Customer takes physical possession of the Vehicle and expires 14 days later.

 

To exercise the withdrawal right, the Customer must give notice of their decision to withdraw in an unequivocal statement (e.g. e-mail sent from the e-mail address used for the order), using the Seller’s contact details displayed on the Website and in the order confirmation e-mail. The Customer may use the text at the end of these Terms and Conditions, but this is not compulsory.

 

To meet the withdrawal time limit, it is sufficient for the Customer to send notice regarding exercise of the withdrawal right before the withdrawal period has expired.

 

The Customer must return the Vehicle to the Seller without undue delay and in any event no later than 14 days from the day on which they have given notice of their decision to withdraw from the agreement. In the event where the Customer does not personally return the Vehicle but uses a carrier, the transport costs shall be borne by the Customer. These costs vary depending on the distance and the carrier chosen.

 

The Customer may only exercise their withdrawal right on the condition that all documents, in particular legal documents, provided with the Vehicle are returned at the latest at the same time as the return of the Vehicle.

 

The Customer shall only be liable for any depreciated value of the Vehicle resulting from  handling other than what is necessary to check the characteristics and proper functioning of the Vehicle.

 

Effects of withdrawal: In the event of withdrawal, the Seller shall reimburse all payments received from the Customer without undue delay and in any event no later than 14 days from the day on which the Seller is informed of the withdrawal decision from the agreement. The reimbursement shall be carried out using the same means of payment as the Customer used for the initial transaction, unless otherwise expressly agreed by the Customer and the Seller. In any event, this reimbursement shall not result in any costs for the Customer. The Seller may defer reimbursement until it has received the Vehicle or the Customer has provided proof of shipment of the Vehicle, whichever is the earliest.

 

As a result:

  • In the event where the Customer returns the Vehicle to the Seller with a kilometrage greater than 1,000km, the Customer must pay the Seller an amount equal to the depreciation of the Vehicle caused by exceeding the kilometrage by 1,000km, and at least €1 (incl. tax) per kilometre.
  • In the event where the Vehicle is returned by the Customer with any damage whatsoever, the Customer must bear the cost of repairing the Vehicle.
  •  

9.     INSURANCE

 
The Customer agrees to insure their Vehicle with their insurer from the day of delivery. The Seller shall not be held liable in the event of a claim occurring after delivery.

 

10. RETENTION OF TITLE

 

The Vehicle shall not become the Customer’s property until after full payment of the price and associated expenses. This retention of title clause has been brought to the Customer’s attention prior to the delivery of the Vehicle.

 

11. COMPLAINTS – CUSTOMER CONTACT CENTRE

The Customer may contact the MOKE Customer Relations Department in relation to any request for information or complaint relating to the Terms and Conditions of Sale and Warranty of the Vehicle:

  • By telephone to + 33 04 83 73 98 72 (price of a local call from a landline) from Monday to Friday (except public holidays) from 9am to 12pm and from 2pm to 5pm .
  • Online on the website www.moke.fr
  • By post to the following address: Moke France SAS, 45 avenue Montaigne, 75008 Paris
 

12. GOVERNING LAW – DISPUTES – CONSUMER MEDIATION

The ordering of the Vehicle on the Website and these General Terms and Conditions of Sale and Warranty of the Vehicle are exclusively governed by French law.

 

In the event of a dispute between the parties, the latter shall endeavour to resolve it amicably.

 

In the absence of an amicable agreement, the consumer Customer is informed in accordance with Article L.211-3 of the French Consumer Code that before referring the matter to the competent courts and following a written complaint to the Seller (in accordance with the terms and conditions described in Article 9. CUSTOMER CONTACT CENTRE), that they have the option to refer the matter, free of charge, to a mediator registered on the list of mediators drawn up by the Commission d’évaluation et de contrôle de la médiation de la consommation in accordance with Article L.615-1 of the French Consumer Code.

 

The consumer Customer remains free to accept or reject recourse to mediation and, in the event of recourse to mediation, each party is free to accept or reject the solution proposed by the mediator.

 

In the absence of an amicable agreement, recourse to mediation or acceptance by the parties of the solution proposed by the mediator, the dispute between a consumer Customer and the Seller of the Vehicle shall be referred to the court in accordance with the rules of ordinary law.

 

The Customer is informed of the existence of the European online dispute resolution platform intended to collect any complaints arising from an online purchase by European consumers and to transmit them to the competent national mediators: this platform is accessible at the following address: https://ec.europa.eu/consumers/odr.

 

WITHDRAWAL RIGHT – SAMPLE TEXT

 

For the attention of (name and contact details of the Seller):

 

 

I (We) notify you of our withdrawal of the following order:

 

Date and order number (stated in the order confirmation email):

 

Name of the vehicle:                                                                                                                                                                                

 

Total price (incl. VAT) of the vehicle:                                                                                                                                         

 

Last name and first name of consumer(s):                                                                                                                            

 

Address of consumer(s):                                                                                                                                                                     

 

Date:                                                                                                                                                                                                                 

 

 

Signature of the consumer Customer(s) (in the case of notice in hard copy format),

 

 

LEGAL WARRANTIES

 

In this respect, the following legal provisions are highlighted:

 

French Civil Code

 

Article 1641: “The seller shall be bound by the warranty in respect of hidden defects in the item sold which render it unfit for its intended use or which reduce this use to the extent that the purchaser would not have purchased it, or would have paid a lower price only, had they been aware of them.”

 

Article 1648-1: “Actions resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.”

French Consumer Code

 

Article L.217-3

 

“The seller shall deliver goods in accordance with the agreement and the criteria set out in Article L.217-5.

 

It shall be liable for any non-conformity existing at the time of the delivery of the goods within the meaning of Article L.216-1 which were to appear within two years of the delivery of the goods.

 

In the case of an agreement for the sale of goods containing digital elements:

 

  1. Where the agreement provides for the continuous supply of digital content or a digital service for a period of less than or equal to two years, or where the agreement does not determine the duration of the supply, the seller shall be liable for any non-conformity of this digital content or digital service which occurs within two years of the delivery of the goods;
  1. Where the agreement provides for the continuous supply of digital content or a digital service for a period exceeding two years, the seller shall be liable for any non-conformity of that digital content or digital service which appears during the period in which it is supplied under the agreement.

For such goods, the applicable time limit does not deprive the consumer of their right to updates in accordance with the provisions of Article L.217-19.

 

The seller shall also be liable, during the same periods, for non-conformities resulting from the packaging, assembly instructions, or installation when it is liable therefor under the agreement, or when it has been carried out under its liability, or when the incorrect installation, carried out by the consumer as stipulated in the agreement, is due to shortcomings or errors in the installation instructions provided by the seller.

 

This warranty period shall apply without prejudice to Articles 2224 et seq. of the French Civil Code. The starting point for the time limit on the consumer’s action shall be the day on which the consumer becomes aware of the non-conformity.”

 

Article L.217-4

 

“The goods conform to the agreement if it meets, as applicable, the following criteria:

 

  1. It matches the description, type, quantity and quality, particularly with regard to the functionality, compatibility, interoperability, or any other characteristic provided for in the agreement.
  1. It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the agreement and which the latter has accepted.
  1. It is delivered with all accessories and installation instructions that must be provided in accordance with the agreement.
  1. It is updated according to the agreement.

 

 

Article L.217-5

 

I.- In addition to the criteria for compliance with the agreement, the goods comply if the following criteria are met:

 

  1. The goods are fit for the normal intended use of a product of the same type, taking into account, where appropriate, any provision of European Union law and domestic law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
  1. If applicable, the goods possess the qualities that the seller has presented to the consumer in the form of a sample or model, before the conclusion of the agreement;
  1. Where applicable, the digital elements that the goods contain are provided according to the most recent version that is available at the time of the conclusion of the agreement, unless otherwise agreed by the parties;
  1. Where applicable, the goods are delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;
  1. Where applicable, the goods provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L.217-19;
  1. It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, in view of the nature of the goods as well as the public representations made by the seller, by any person upstream in the transaction chain, or by a person acting on their behalf, including in advertising or on labelling.

II.- However, the seller is not bound by any public representations referred to the preceding paragraph if it demonstrates that:

 

  1. It did not know them and was not legitimately able to know them;
  1. At the time of the conclusion of the agreement, the public representations had been corrected in conditions comparable to the initial representations; or
  1. The public representations could not have had an influence on the purchase decision.

III.- The consumer may not challenge conformity by invoking a defect concerning one or more particular characteristics of the goods, of which they have been specifically informed that such characteristics deviate from the conformity criteria set out in this article, to which deviation they expressly and separately consented at the time of the conclusion of the agreement.

 

Article L.217-8

 

In the event of non-conformity, the consumer is entitled to have the goods brought into conformity by repair or replacement or, failing which, a price reduction or termination of the agreement, under the terms and conditions set out in this subsection.

 

Moreover, the consumer has the right to withhold payment of all or part of the price or the granting of the benefit provided for in the agreement until the seller has fulfilled its obligations under this section, under the conditions of Articles 1219 and 1220 of the French Civil Code.

 

The provisions of this section shall be without prejudice to the award of damages.

 

Article L.217-12

 

The seller may not proceed according to the choice made by the consumer if the requested bringing into conformity is impossible or results in disproportionate costs in particular with regard to:

 

  1. The value of the goods in the absence of a non-conformity;
  1. The extent of the non-conformity; and
  1. The possibility of opting for the other choice without major inconvenience for the consumer.

The seller may refuse the bringing into conformity of the goods if this is impossible or entails disproportionate costs in particular with regard to point 1 and 2.

 

When these conditions are not met, the consumer may, after formal notice, continue the forced execution in kind of the solution initially requested, in accordance with Articles 1221 et seq. of the French Civil Code.

 

Any refusal by the seller to proceed according to the consumer’s choice or to bring the goods into conformity shall be justified in writing or on a durable medium.

 

Article L.217-16

 

In the cases provided for in Article L.217-14, the consumer shall inform the seller regarding their decision to terminate the agreement. The consumer shall return the goods to the seller at the latter’s expense. The seller shall reimburse the consumer for the price paid and return any other benefit received under the agreement.

 

If the non-conformity relates only to certain goods delivered under the agreement of sale, the consumer shall be entitled to terminate the agreement for all goods, even those not covered by this section, if they cannot reasonably be expected to agree to keep only the conforming goods.

 

For agreements referred to in II of Article L.217-1, providing for the sale of goods and, on a secondary basis, the provision of services not covered by this section, the consumer is entitled to the termination of the entire agreement. In addition, in the case of a bundled offer within the meaning of Article L.224-42-2, the consumer has the right to the termination of all related agreements.

The respective obligations of the parties to the agreement, set out in Article L.224-25-22 and relating to the consequences of the cancellation for digital content and digital services, are applicable to the cancellation of the agreement for the sale of an asset containing digital elements.

 

Article L.217-28

 

Where the consumer requests from the guarantor, during the course of the legal warranty or commercial warranty granted thereto at the time of the purchase or repair of goods, repairs covered by this warranty, any period during which the goods are unavailable for use shall suspend the remaining warranty until delivery of the repaired goods.

 

Such period shall run from the request for repairs by the consumer or from the making available for repair or replacement of the goods in question, if this starting point is more favourable to the consumer.

 

The warranty period shall also be suspended when the consumer and the guarantor enter into negotiations with a view to an amicable settlement.