ARTICLE 1: COMMITMENTS OF THE COMPANY

Any order made to the company Leocleme Prestige leads to the acceptance of all the conditions of sale (hereinafter), which form an integral part of the conveyor contract signed between the company Leocleme Prestige and its client. Any amendment proposed by one of the parties may be accepted by written agreement of both parties.

Leocleme Prestige is committed to respecting the timetables and pick-up locations agreed upon during the booking.

ARTICLE 2: RATES AND TERMS OF PAYMENT

The price of the Conveyor is defined after estimate.

It includes:

The fixed costs of setting up the procedure (personnel, administrative)

The fixed costs of travel and taking over the Vehicle by a Conveyor

The (variable) cost of Conveying the Vehicle from the place of pick-up to the place of destination

The time spent by the Conveyor at the collection and delivery sites within a maximum of 15 minutes on each of the two sites

The cost of returning the Conveyor to its home

Fixed insurance costs of the Conveyor and the Vehicle

Highway and fuel charges if necessary

Supplements such as oil, coolant and, more generally, all products or accessories necessary for the proper functioning and preservation of the Vehicle as part of the Conveyor System will be fully invoiced to the customer.

Prices are shown in euros All taxes included.

Invoices shall be payable on receipt, net and without discount, unless otherwise agreed and by any means.

In the absence of settlement on the agreed maturity, late payment interest will be legally due and calculated, pursuant to Article L. 441-6 of the French Commercial Code, on the basis of the interest rate applied by the European Central Bank (ECB) its most recent refinancing operation increased by 10% but could not be less than three times the legal interest rate, from the due date indicated on the invoice, without a reminder being necessary, and a flat-rate recovery fee of EUR 40 per invoice.

This penalty, is calculated on the totality of the sums remaining due, runs from the due date until the day of payment of the totality of the sums.

The Client must reimburse all costs incurred by the litigation recovery of the sums due.

In the event of late payment, SAS Leocleme Prestige may suspend all pending Orders, without prejudice to any other course of action.

Any change in Vehicle, pick-up location, delivery location or schedule will result in a price review.

ARTICLE 3: PAYMENT

We accept the following payment methods: Cash, Visa, MasterCard, American Express, Bank Transfer, Online via secure server, Check, Foreign Currency*

*Conversion made according to the value of the exchange court in real time, +3% of the price in € of the service for bank fees.

ARTICLE 4: ORDER AND CANCELLATION

Any Order transmitted to SAS Leocleme Prestige is considered firm and definitive.

Upon receipt of the customer’s written order, SAS Leocleme Prestige confirms the possibility of performing the service under the desired conditions. Failing this, the customer can either confirm the proposed new conditions or cancel his original Order free of charge.

As long as the Order has not been formally validated by SAS Leocleme Prestige, the date of delivery and/ or collection requested by the Customer does not bind SAS Leocleme Prestige in any way

Any reservation cancelled within 3 days (72 hours) prior to the pick-up time as defined in the quote accepted by the customer, will be charged 50% of the amount of the quote.

Any reservation cancelled within 24 hours prior to the pick-up time as defined by the quote accepted by the customer, will be charged at 100% of the quote amount. The non-presentation of the vehicle to be transported at the appointment (address and time) no case of cancellation of the contract giving entitlement to payment for the intended service and any damage or disbursements suffered/incurred by the company.

Leocleme Prestige reserves the right to cancel the service until the day of departure in case of force majeure – the deposit being returned. 

We reserve the right to cancel the service in case of force majeure if the weather conditions may endanger the safety of passengers.

ARTICLE 5: MODALITY OF THE SERVICE

SAS Leocleme Prestige undertakes to provide a Vehicle Conveyor Service from point of departure (A) to point of arrival (B) indicated by the Customer, by Professional Conveyor by road.

The Conveying can cover motorcycles of all cylinders that can be driven with a permit A, Private Vehicles (VP), Commercial Vehicles (VU) of less than 3,5 tons with and without trailers that can be driven with a permit B and EB,  Trucks up to 44 tons that can be driven with a C and EC permit.  The Vehicles must be rolling and Registered (permanent, provisional or garage registration). In no case can the Conveyor consist of a transport of persons.

ARTICLE 6: SERVICE PROVIDER’S OBLIGATION

SAS Leocleme Prestige undertakes, upon confirmation of the Order, and exclusively, to ensure the Conveyance of the Vehicle from the place of departure to the place of arrival indicated by the Customer and, if necessary, to perform the optional services requested. The deadlines communicated by SAS Leocleme Prestige are purely indicative.

ARTICLE 8: PERSONAL DATA AND CONFIDENTIALITY

In accordance with the law of January 6, 1978 modified, the Customer has a right of access, opposition and rectification of the data concerning him, either by email to the address leocleme.prestige@gmail.com or by mail to the address of SAS Leocleme Prestige – 40A route d’Apremont – 73000 Barberaz

The Parties undertake to keep confidential any information to which they may have had access in the course of the performance of this Agreement and its Appendices, knowing that this confidentiality prohibits any communication, disclosure, exploitation to a third party, in any form and for any reason without the express, prior and written consent of the other party.

Each Party shall impose this obligation on its personnel as well as on any authorised subcontractors, who shall be formally notified, before receiving such information, of its strictly confidential nature.

ARTICLE 9: LIABILITY

SAS Leocleme Prestige cannot be held liable in the event of non-performance or poor performance due either to the Customer, or to a third party to the contract, or to a case of force majeure, or because of weather conditions that pose a danger to the driver (snow, ice, floods, etc.).

SAS Leocleme Prestige will not support a Vehicle that is not travelling or presents any danger.

The obligation of SAS Leocleme Prestige is strictly limited to Conveying.

SAS Leocleme Prestige shall not be liable in any way for any delay in the performance of the Vehicle’s immobilization following a breakdown or accident of any kind.

The repair and troubleshooting costs are the responsibility of the Customer whatever the cause of the breakdown, except for lack of driver.

All minutes resulting from a bad condition of the Vehicle or a failure to comply with the legislation of the Highway Code, except for the driver’s fault, are the exclusive responsibility of the Customer.

Similarly, SAS Leocleme Prestige cannot be held liable for any inconvenience or damage inherent in the use of the Internet network for the Orders, in particular a breakdown of service, an external intrusion or the presence of computer viruses.

ARTICLE 10: FORCE MAJEURE

The liability of SAS Leocleme Prestige cannot be sought if the performance of the contract is delayed or prevented due to a case of force majeure or a fortuitous case, due to the customer or a third party or external causes such as, social conflicts, intervention by civil or military authorities, terrorism, natural disasters, fires, water damage, interruption of the telecommunications or electricity network, prohibition of movement, SNCF strike or any other unforeseeable and irresistible event.

ARTICLE 11: INSURANCE

The customer certifies that he has a valid all-hazards insurance contract allowing the conveyance of a vehicle by a third party.

A copy of the insurance contract may be requested by SAS Leocleme Prestige.

In the event that the customer’s vehicle suffers damage the responsibility of which is attributable to the conveyor, SAS Leocleme Prestige undertakes to reimburse the customer the amount of the deductible applicable to the claim, as mentioned in the customer’s insurance contract (or the amount of the repairs if it was lower than the deductible).

The customer agrees to provide the conveyor with a valid green card and the vehicle registration card (copy or original).

The vehicle is usually transported empty. If, however, the customer wishes the vehicle to be transported with objects or luggage, the latter will travel at the risk of the customer, SAS Lecleme Prestige cannot be held responsible in case of damage or theft (unless proven fault of the conveyor).

SAS Leocleme Prestige is covered by its professional liability, all details are available on request and by simple mail from SAS Leocleme Prestige

ARTICLE 12 : ASSISTANCE

In principle, the customer will have to have an assistance contract without mileage if the vehicle should be towed (or repaired on site) following a breakdown or accident. In this case, the customer must provide SAS Leocleme Prestige with the assistance telephone number. If the vehicle is still under manufacturer’s warranty, the customer will provide the phone number of the manufacturer’s support service.

The customer undertakes to bear all costs not provided for in the quotation, in particular in the event of damage related to a breakdown (for example replacement of the battery) or an accident not involving the responsibility of the conveyor. The same applies to the cost of towing or troubleshooting on site in the absence of an assistance contract. These expenses will be billed back to the actual expenses as disbursements upon presentation of supporting documentation.

In the event that the conveyor service cannot be completed because the vehicle is immobilized following a breakdown or accident which does not involve the responsibility of the conveyor, the customer nevertheless undertakes to pay SAS Leocleme Prestige the full amount of the service provided for in the estimate and the full costs incurred.

ARTICLE 13: GENERAL PROVISIONS

These General Terms and Conditions of Sale determine the contractual conditions applicable to the provision of services offered by SAS Leocleme Prestige to its Customers. The nullity of a contractual clause does not entail the nullity of the General Conditions of Sale, with the exception of that of an impulsive and decisive clause which led one of the parties to contract.

SAS Leocleme Prestige reserves the right to modify these terms subject to informing each Customer in due time.

ARTICLE 14: LIABILITY LIMITATION CLAUSES AND DISPUTES

The company Leocleme Prestige can in no case be held responsible for delays on the transport delays due to circumstances beyond its control: road blocked, work of art forbidden to traffic, diversion, flooded road, snow, traffic jams, interventions on the road of public forces (police, customs, firefighters, etc.). .

In case of immobilization of the vehicle during the journey due to mechanical failure, accident or damage (degradation, theft), the company Leocleme Prestige will endeavour to ensure the continuity of the journey, either with one of its vehicles, with a vehicle chartered to another company and undertakes to notify the ordering party.

If the company Leocleme Prestige does not find any solution for the replacement of the vehicle during the service making the vehicle unavailable, the amount of the service will be calculated in proportion to the time spent, without recourse or compensation for the damage caused.

In the event of a dispute, only the Commercial Court of Chambéry will be responsible.

Any claim is admissible only within 8 days after the end of the execution of the transport service concerned.

Leocleme Prestige reserves the right to use the photographs taken during the services for promotional purposes.