From the moment when the user or buyer or professional seller uses the contact forms of this site, it is deemed to have read all of these terms and conditions of use and takes them for granted and understood by the SARL VICTORIA MONACO MOTORS.
All requests for personalized research, negotiation or request for quotation and negotiation for the restoration of all types of vehicles are subject to an obligation of confidentiality between the parties under penalty of prosecution.
-VICTORIA MONACO MOTORS SARL, with a capital of 15,000 euros, whose head office is located at 20, avenue de Fontvieille MC 98000 MONACO registered with the RCI of MONACO under the number 19S08204 taken in the person of its leaders (hereinafter named ” the provider”).
Presentation of the “provider”:
VICTORIA MONACO MOTORS is an intermediation company involved in the sale and restoration of vintage, prestige and sports vehicles, supercars, hypercars, thermal engines and / or electric vehicles between a seller and an acquirer have been put in touch by his care. She does not hold any stock.
Sales occur directly between the seller and the buyer without ever having any effect on the agent. The sellers and acquirers accept, declare and guarantee to be informed thereof and accept this total absence of relative effect with regard to the agent, without reservation or condition.
The mission and the obligations:
It is agreed and accepted to entrust to VICTORIA MONACO MOTORS the mission of personalized search and negotiation, without territorial limitation, of one or more exclusive vehicles (the description of which is indicated below) for which VICTORIA MONACO MOTORS will make every effort to reach a contact of the sellers with a view to the acquisition of the vehicle (s) concerned and to achieve the desired sale at the agreed price.
The service provider’s mission is to put the buyer in contact with the seller and, as far as possible, to negotiate the selling price in the name and on behalf of the order giver.
The “order giver” commits itself to a serious step towards an acquisition of the wanted vehicle (s) and declares and guarantees to hold the financing or the money allowing the desired acquisition.
The order giver declares to have a budget or sufficient funding to allow its provider to make a purchase proposal on its behalf and on its behalf, in relation to the value of the vehicle coveted.
Similarly, the order giver declares and warrants that the origin of the funds is clear and that they have been obtained legally so that it assures and guarantees to be able to provide all supporting documents demonstrating the legal origin of the funds the Monegasque authorities on first request. The order giver undertakes to provide all the necessary supporting documents to demonstrate the legality of the origin of the funds. This being a substantial and unavoidable condition for the realization of these presents.
The provider has complete freedom to organize and operate his relational network in order to complete the research.
The “order giver” will not have to support any expenses, nor refunding of expenses related to the communication, of any nature whatsoever.
The service provider’s mission ends on the day of the final order or the sale of the vehicle. The service provider is not responsible for any information obligation in any way whatsoever, particularly as regards the cost of registration and the taxes or taxes inherent thereto. The “order giver” supports the obligation to collect all information useful to its own taxation. The service provider never intervenes in the framework of the follow-up of the orders, the possible expertise, the insurance, the transport, the delivery, the homologation, the registration of the vehicle, nor the payment of the taxes. Only the professional seller or a third party to the sales contract, commissioned by the purchaser may be in charge of (this) or these missions. The service provider does not receive any money from the buyer, only the seller is the recipient of the sums of money (deposit to reserve a vehicle, balance of the price, price, etc).
The provider is not a legal adviser, it does not support any duty of advice and information, with regard to the buyer / order giver, its mediation or its possible presence on the day of the sale (justified exclusively for the perception of his commission) does not exempt the buyer from reading, examining and verifying the documents he signs (even if they are drawn up in a foreign language), checking the purchase order, the invoice, the documents of maintenance, technical control (non-exhaustive list) and to control the vehicle (serial number, engine, chassis, their correspondence with the registration documents). The provider is exempted from all responsibilities related to misinformation or poorly performed control, even if the language is foreign. The buyer has the freedom to use an interpreter or any other competent person who understands the language used by the seller. It is clearly established that the service provider does not guarantee the control of the documents and the vehicle, this does not correspond to his mission. The provider is relieved of all responsibilities, and this is clearly recognized and accepted without reservation or condition by the order giver/buyer.
The choice proposal of the professional seller is advised by the provider only because of the particularities or rarity of the vehicle coveted by the buyer but in no way because of the reliability of the vehicle or its seller.
It is clearly established that the service provider is not a technical expert or a car mechanic and that as such, the service provider can not under any circumstances be sought or prosecuted if the vehicle acquired is affected by an anomaly or a hidden defect of some kind. It can not be held liable for any reason whatsoever. This is equal to the liability of the service provider and the buyer declares and guarantees to recognize and accept without reservation or condition. Only the seller in possession of the vehicle in his stock, bears the legal guarantee of hidden defects and / or the contractual guarantee. Similarly, only the seller or the buyer in charge of the homologation and the registration, will have to make sure to respect the legal and regulatory deadlines and to avoid any increase of taxes (of pollution or others) that would have to to the buyer of the vehicle. The provider has no control over this service that it does not offer and is therefore relieved of all responsibilities.
For any definitive purchase of an used vehicle (already registered), the service provider will reimburse the client for the cost of the independent automotive expert (excluding travel costs, and within the maximum limit of 400 euros) chosen by him intervened within the framework of this purchase (without dismantling), on simple written request prior to the sale and presentation of the paid invoice. The automotive expertise will only be carried out by prior decision of the buyer and organized by the latter.
This reimbursement offer is only valid in the event of the acquisition of a vehicle through the service provider and cannot be compensated with another offer, payment or service. If the buyer does not bring in an independent automotive technical expert, no payment will be due by the service provider in any form whatsoever. And the buyer will have to suffer all the consequences alone.
The present contract must be executed in perfect good faith and loyalty: Therefore, the order giver supports the obligation to inform by registered mail with acknowledgment of receipt or by an email of which it will have obtained the acknowledgment of receipt, without delay, the provider of what he acquires, outside the presence of the provider, a vehicle (make, model, registration and price paid) from the professional presented by VICTORIA MONACO MOTORS during the present contract and for a period of 12 months thereafter at the signing of this contract, regardless of the vehicle purchased.
The order giver is informed that the commission is due by the professional seller to VICTORIA MONACO MOTORS because of his relationship with the professional seller regardless of which vehicle was acquired. Consequently, if the order giver and the professional seller whose details were transmitted by VICTORIA MONACO MOTORS, regularize the sale of a motor vehicle, whatever it is, outside the presence of the provider, and that the giver omits , voluntarily or not, to inform by registered mail with acknowledgment of receipt or by an email of which it will have obtained the acknowledgment of receipt, the provider of this acquisition, the “order giver” will be indebted of the entirety of the commission that the claimant should have collected hands from the professional seller. The “order giver” declares to accept without reservation these provisions.
On the other hand, the fair fulfillment of the information of the sale to VICTORIA MONACO MOTORS in the aforementioned forms, releases the buyer ordering from any responsibility.
The “order giver” declares and guarantees to accept without condition or reserve the present clause, essential condition to the contractual relation.
Moreover, in the event of abandonment of the search desired by the originator or because of the success of his search by means other than through VICTORIA MONACO MOTORS, the “order giver” supports the obligation of inform the latter in writing, without delay, so as not to expose him to unnecessary and particularly harmful costs.
Portfolio Announcements and Seller’s Cars Warranties:
The photographs and descriptions are not contractual. Vehicle descriptions may be subject to possible errors or omissions. Descriptions, information, prices, mileage are mentioned for information and are not contractual, and are subject to change. The mentioned prices are indicative and excluding expenses (excluding any import, export, customs, taxes, homologation, registration, start-up, etc.).
The possible application of a recoverable VAT does not in any way constitute a commitment on the part of the service provider, and must be the subject of a confirmation requested in writing by the buyer to the owner or seller of the vehicle holding the vehicle in stock or in deposit-sale or on order. The mention on “recoverable VAT” is only given by way of illustration and does not bind the service provider. Only the buyer bears the obligation and the responsibility to verify, before any purchase, with his chartered accountant, or any tax specialist if he can benefit from the “recoverable” nature of the VAT, according to the legal form of his company, his commercial exploitation, the country where his company is located, and the applicable tax law to which he is subject. The service provider is relieved of all responsibilities in this respect, the site user and buyer accept it without condition or reservation.
All the vehicles in our portfolio are guaranteed by a legal and / or contractual guarantee from the professional seller who has the stock in his showroom.
Remuneration of the provider by the seller:
For the “order giver”, the personalized search as well as the negotiation procedures are completely free, no fees, nor reimbursement of expenses (travel, communication video shooting and other events, advertising, equipment rental) can not be claimed from the order giver by the provider, the latter doing his business to obtain the payment of his commission in his relationship with the seller.
Indeed, only the seller bears the obligation to pay the provider a commission on the sale of the vehicle.
However, in the particular case of the sale of new vehicles (available immediately or on order) certain brands (Ferrari, …) have procedural requirements relating to their sales which imply that the commission on sale of VICTORIA MONACO MOTORS must be paid directly by the buyer, by bank transfer and on presentation of a commission invoice, on the payment date of the vehicle reservation deposit. This condition is accepted without condition by the buyer.
Duration and termination / notice:
This contract of a duration 12 (twelve) months with tacit renewal, can be broken, at any time, by one or the other parts without compensation and without motive. However, a written notice of 15 days is required to allow the contracting parties to organize themselves by sending a registered letter with acknowledgment of receipt or an e-mail from which he has obtained the acknowledgment of receipt of the service provider.
Personal data :
The personal data of the consumers are preserved in confidentiality and are not the object of any marketing, they will be preserved 5 (five) years after the end of this contract and may be the subject of a request for deletion or modification at the agent and its manager, at any time.
In the event of litigation, the parties undertake, obligatorily, to privilege a transactional agreement to settle it, which transaction is carried out by serious reciprocal concessions undertaken as soon as possible in order to settle the litigation urgently.
In case of failure of the attempted agreement or in the event of failure to reply to the transactional proposal made by either party within a reasonable period of 15 days after formal notice by registered letter to have to position itself on the principle of the transactional agreement without mentioning either the amount or the concessions, then legal proceedings will be necessary to settle the dispute.
Only the jurisdiction of the Principality of MONACO is competent to the exclusion of all others.