Terms and conditions of sale

This document is a template and must be reviewed. It is complete and suited to the activity, but it must be approved by a legal professional before any commercial use.

Article 1 — Purpose

These terms and conditions of sale govern bookings of bodywork, paint, glazing, vehicle detailing and mechanical servicing made on the site of ISM Carrosserie by any natural person acting for purposes outside their professional activity, hereinafter “the client”.

Any booking implies full and unreserved acceptance of these terms, accepted by ticking a box before payment.

Article 2 — Provider

ISM Carrosserie, société par actions simplifiée à associé unique (SASU), with a share capital of 300 €, registered with the trade and companies register of Perpignan under number 987 742 616, whose establishment is located at 27 rue des Citronniers, 66380 Pia, represented by Fabien Peiffer. Contact: contact@ism-carrosserie.com.

Article 3 — Services

The services offered are described on the site with their contents, the parts and materials included, the indicative time the vehicle will be off the road and their price. The times stated are estimates: they may vary according to the condition of the vehicle, the availability of materials and drying times.

Photographs and images are illustrative. Services that do not appear in the catalogue — damage covered by an insurer, a full respray, the replacement of a panel along with the part itself — are the subject of a separate quotation and do not fall under these terms.

Article 4 — Prices

Prices are stated in euros, all taxes included, along with the parts and materials listed on the service sheet. The applicable price is the one displayed at the time of booking.

For services whose price depends on the vehicle category or on the number of panels, the client selects that information themselves. If the check carried out when the vehicle comes in reveals a discrepancy, the provider informs the client before starting:

• if the actual service is cheaper, the difference is refunded;
• if it is dearer, or if additional work proves necessary, it is carried out only after the client has expressly agreed to the additional amount.

Article 5 — Booking

The client builds their service, adds it to the basket, enters their details and then proceeds to payment. The booking is recorded as soon as the form is validated, before payment, and is given a unique reference.

The drop-off date and time given constitute a slot request and not a guaranteed slot.

Article 6 — Slot confirmation

The provider confirms the exact slot within 24 hours of payment. If the time requested is not available, another slot is offered. Failing the client's agreement to the slot offered, the booking is cancelled and refunded in full.

Article 7 — Payment

Payment is made online, for 100% of the amount, on a secure page operated by Mollie. Accepted methods: bank card.

No bank details are entered or stored by the provider. The booking becomes firm only once payment has actually been received.

Article 8 — Right of withdrawal

In accordance with articles L. 221-18 et seq. of the code de la consommation (the French Consumer Code), the client has 14 days from the booking in which to withdraw without giving a reason, by email to contact@ism-carrosserie.com quoting the booking reference. The sums paid are then refunded within 14 days.

By booking a drop-off slot falling before the end of that period, the client expressly requests that the service be performed before the withdrawal period expires. In accordance with article L. 221-28 1° of the code de la consommation, the client may no longer withdraw once the service has been fully performed; if the client withdraws after performance has begun, they pay for the services actually carried out.

Article 9 — Cancellation or postponement by the client

Once the withdrawal period under article 8 has expired, or where the service has already begun at the client's express request:

• More than 48 hours before the vehicle is dropped off: cancellation free of charge, full refund within 14 days, or free postponement subject to availability.
• Less than 48 hours before: a charge of 30% of the amount paid is retained, corresponding to the workshop slot held and rendered unsaleable.
• Vehicle not dropped off without notice: the amount paid remains due to the provider.

Article 10 — Cancellation by the provider

If prevented from providing the service, the provider informs the client as soon as possible and offers another slot. If no slot is suitable, the booking is refunded in full within 14 days, with no further compensation.

Article 11 — Taking the vehicle in

The vehicle is taken in at the workshop, or collected under the collection and return service, on the basis of a condition report signed by both sides listing the existing damage. The client undertakes to remove any valuables from the cabin; the provider is not responsible for them.

The provider may refuse a service where carrying it out would put the vehicle or safety at risk — corrosion that has eaten through, a deformed structural component, undeclared damage. Where a service is refused on that ground, the booking is refunded in full, less any services actually carried out.

Article 12 — Carrying out the work and parts

The work is carried out to professional standards, with new parts and materials of a quality equivalent to the original, unless the service sheet states otherwise. Replaced parts are kept available to the client until the vehicle is handed back, except where they are subject to a deposit or to a recycling obligation.

The time off the road announced is indicative. The provider informs the client of any overrun and of its cause.

Article 13 — Collection and return

Where the client chooses collection and return, the vehicle is collected and brought back to the address and at the times agreed, on production of the vehicle registration document and a valid certificate of insurance. The vehicle must be roadworthy and insured. A condition report is drawn up at collection and on return; the provider answers for the vehicle while it is being driven.

Article 14 — Courtesy car

The courtesy car, booked as an option, is handed over subject to availability on production of a valid driving licence and proof of identity. It is returned with the same level of fuel and in the condition in which it was handed over; the client answers for any fines and any damage occurring during the loan, under the terms of the loan agreement signed at drop-off.

Article 15 — Handing the vehicle back

The client is informed as soon as the vehicle is ready and collects it as soon as possible, or at the collection and return time agreed. Beyond a reasonable period after that notice, storage charges may be invoiced, at the rate displayed at the workshop.

Article 16 — Warranties

The services benefit from the statutory guarantee of conformity (articles L. 217-3 et seq. of the code de la consommation) and from the guarantee against hidden defects (articles 1641 et seq. of the code civil, the French Civil Code). New parts supplied also benefit from their manufacturer's warranty, on that manufacturer's terms.

The warranty covers neither normal wear and tear, nor damage occurring after the vehicle has been handed back, nor work carried out by a third party on the area worked on.

Article 17 — Complaints

Any complaint about the result of a service must be made as soon as possible, and at the latest 8 days after the vehicle has been handed back, to contact@ism-carrosserie.com, quoting the booking reference. The provider offers to redo the work free of charge wherever possible.

Article 18 — Consumer mediation

In accordance with article L. 612-1 of the code de la consommation, the client may have free recourse to a consumer mediator with a view to the amicable resolution of a dispute, after having attempted to resolve it directly with the provider. The details of the mediator appointed are given on request to contact@ism-carrosserie.com.

Article 19 — Liability

The provider is bound by an obligation of result as to the work carried out, and by an obligation of means as to the final appearance, which depends on the starting condition of the bodywork and its paint. The provider remains liable for damage caused by a breach of its professional obligations, under the conditions of ordinary law.

The provider accepts no liability for personal belongings left in the vehicle.

Article 20 — Personal data

The data processing carried out in connection with a booking is described in the privacy policy, accessible from the footer.

Article 21 — Governing law

These terms are governed by French law. In the event of a dispute, and after an amicable resolution has failed, the French courts have jurisdiction under the conditions laid down by the code de procédure civile and the code de la consommation.