1. SCOPE
1.1. These Terms & Conditions for Vehicle Reservation and Future Purchase (“T&C”) (except where varied by an express agreement between the Parties which is recorded in writing and signed by an authorised representative of the Seller) shall constitute the entire contract between the Parties.
1.2. The Buyer accepts the T&C as binding at the time he places his order through the Platform.
2. THE PARTIES
2.1 The Seller. It is the company belonging to the Indie Campers group registered in the Country where the selected vehicle is (“Indie Campers”), and which operates through the Platform https://indiecampers.com (“Platform”)
2.2 The Buyer. For the purposes of these T&C, is the person who places an order through the Platform (hereinafter, the "Buyer")
2.3 The Parties. Indie Campers and the Buyer will be collectively referred to as the “ Parties” and, individually, each of them as the “Party”.
3. PARTIES NOTIFICATIONS
3.1 All notifications pursuant to this T&C shall be effective on their receipt date or, if after close of business, on the business day after
3.2 All notifications and communications between the Parties in connection with the T&C must be made in writing.
4. THE RESERVATION CONTRACT
The Order on the Platform
4.1. The Vehicle. The object of the T&C will be a used vehicle belonging to a predefined category listed in the Platform (hereinafter, the “Vehicle”).
4.2 By means of these T&C, the Buyer will search on the Seller listed fleet for one or several Vehicles which are available for sale in the Platform and which correspond to the characteristics that the Buyer desires.
4.3 If there is a Vehicle which matches the Buyer's wishes, the Seller will reserve the Vehicle through the Platform and the Buyer will be given a call option, that gives the right, not the obligation, to exercise the call and buy the Vehicle at a specified price within a specific time period through the signature of a Sales Contract , under the terms of these T&C.
5. The RESERVATION
5.1. At the time of the reservation of the Vehicle, the Buyer shall make a payment of € 999.00 (nine hundred and ninety-nine euros), or the equivalent amount in the country currency, on the Platform in order to confirm the reservation.
5.2. With the exemption provided for in the next paragraph, the amount referred to in the previous number shall be deducted from the Final Price.
5.3. The amount referred to in 5.1 will be refunded if at the time of selecting the Vehicle there are no Vehicles with the characteristics requested by the Buyer.
5.4. The amount referred to in 5.1 can be refunded at any time until the selection of the Vehicle and the signature of the Sales Contract.
5.5. After the signature of the Sales Contract, the amount referred to in 5.1 is not refunded if the Buyer gives up the purchase of the Vehicle, unless there is a proven mechanical issue or other reason stated in the T&Cs.
6. PROCEDURE
6.1. In the last quarter of each year, the Seller will notify the Buyer that the Vehicle with the characteristics selected and reserved is available for selection, confirmation of purchase and, after that, proceed to the signature of the Sales Contract.
6.2. The Buyer may select from the range of Vehicles provided in the Seller list, with specific chassis within the characteristics previously agreed between Buyer and Seller (hereinafter the “Selection Visit”), in the last quarter of the year, on a day, time and location stipulated by the Seller and agreed by the Buyer.
6.3. The Buyer will be provided with a list of Vehicles available where he can choose on a first-come, first-served basis. If the Buyer chooses a vehicle that has already been chosen the Seller will present the remaining vehicle options.
6.4. In the Selection Visit, if the Buyer does not select any specific Vehicle, he forfeits the reserve and the existing call option and is entitled to a full refund of the amount referred to in 5.1.
6.5. If on the day of pick up of the Vehicle chosen the Buyer does not take the Vehicle, the Buyer loses the right to the reimbursement referred to in 5.1, unless at that moment the Vehicle selected is not present.
6.6. For all due purposes, the Buyer acknowledges that the Vehicles are used, with all the periodic brand maintenance done and used in the rental business of the Seller.
7. PRICE and PAYMENT
7.1. The Vehicle purchase price includes VAT, if and as applicable, pursuant to the relevant tax laws and regulations (hereinafter the “Price”).
7.2. Starting on the day of pick-up of the Vehicle, the Buyer has a 14 days return policy where the Buyer is refunded for the full Price of the Vehicle paid, if he wishes to return the Vehicle
8. PAYMENT METHODS
8.1 At the time of placing the order in the Platform, the Buyer may pay by electronic payment via credit or debit card through the systems indicated, at all times, on the Platform. It might be required to perform a verification step with the card issuer during the Checkout process. It is also possible, depending on the country of purchase, to contract financing with the financial institution through the Platform to finance the Vehicle (see Clause 9 on financing).
8.2 Payments by credit or debit card are governed by the terms and conditions of the credit or debit card issuers. It is the Buyer responsibility to read the terms and conditions relating to these means of payment and ensure that they are understood and accepted.
8.3 Likewise, the Seller also accepts Payment by bank transfer through the payment platform available on the Platform.
9. FINANCING AGREEMENT
9.1 The Buyer can pay for the Vehicle with financing, through the Seller’s Financing Partner or any company in its group and its service providers related to the request and execution of the Vehicle financing process (hereinafter, the “ Financial Entity ”) .
9.2 If the Buyer decides to request financing for his Vehicle, the Buyer may do so at the appropriate time through the Seller’s website, which will redirect them to the website and/or digital platform of the Financial Entity (whose operations are independent of the Seller). The response that the Financial Entity gives on the Web is only representative, it is not contractually binding for the Financial Entity, for the Seller or for the Buyer. The Seller is not responsible for the processing, management or authorisation of the financing process of the Vehicle, being the exclusive responsibility of the Financial Entity.
9.3 The financing agreement will be subject to a separate contract between the Buyer and the Financial Entity. The Seller assumes no responsibility in this regard.
9.4 The provisions of this section, relating to the financing of the Vehicle by the Financial Entity, shall not affect any other provision of the T&C relating to a different matter
10. COLLECTION OF THE VEHICLE
10.1 The Collection of the Vehicle (hereinafter, the " Collection ") will be arranged with the Buyer on the day of Selection of the Vehicle and signature of the Sales Contract.
10.2. The Vehicle shall only be collected after the signature of all the necessary documentation for this purpose as well as after confirmation of the full payment of the Price.
10.3. If there is an agreement between the Parties, the collection of the Vehicle may be made at a later time than the one referred to in this clause 10.
10.4 In order for the Buyer to pick up the Vehicle, the Buyer needs to be accompanied by the proof of registration and the license plate plaques (a temporary registration is sufficient) plus proof of insurance.
11. WARRANTY
11.1. The Vehicle is covered by a warranty for the minimum period applicable by law in each of the Seller’s Country applicable legislation, that can be found under this link: https://eur-lex.europa.eu/legal-content/PT/NIM/?uri=CELEX:32019L0771 - in the specfic country tab.
11.2. The warranty will be provided by an entity appointed by Indie Campers
11.3 The Buyer will also benefit from the after-sale assistance for the period stipulated on the country legislation in adequate market conditions.
12 DEFECTS
12 .1 At the time of Collection the Seller will proceed with a full inspection and recondition of the Vehicle before collection.
12.2 When collecting the Vehicle, the Buyer declares to be aware of the Vehicle's current conservation status (without any structural or mechanical problem or flaw).
12.3 Although the Seller will check the vehicles beforehand; the Seller cannot be held responsible for any undetectable mechanical problems.
13. OWNERSHIP
13.1. The Parties agree that until all the necessary documentation is signed, as well as the delivery of proof of the effective full payment of the Price, the ownership of the Vehicle belongs to the Seller.
13.2. After the acts referred to in 13.1 have been performed, the Buyer can proceed with the registration of the Vehicle on his name. The Buyer needs to bring this proof of registration and licence plate in order to pick up the Vehicle.
13.3. Once ownership of the Vehicle passes to the Buyer the liability shall be borne by the Buyer.
14. 14º DAYS MONEY BACK GUARANTEE
14.1. The Seller grants to the Buyer a money-back guarantee ("14-Day Money-Back Guarantee") from the collection date of the Vehicle for a period up to 14 days after ("14-Day Money Back Guarantee Period").
14.2. During the 14-Day Money-Back Guarantee Period, the Buyer can request a cancellation of the order and return the Vehicle on the the location of pick up, provided that the Buyer has neither damaged the car nor driven more than 500 kilometres with it during the 14-Day Money-Back Guarantee period. If the Buyer damages the car or drives it more than 500 kilometres, the Seller can decide at its own discretion whether the 14-Day Money-Back Guarantee is still granted and, if necessary,the Seller can refuse to receive the Vehicle. In order to benefit from the 14-Day Money-Back Guarantee, the Buyer must communicate the decision to return the Vehicle in the 14 days period and agree on a delivery day that needs to be between the 14-Day Money Back Guarantee Period (“Delivery Appointment” (unless agreed by both Parties by written). In the Delivery Appointment the Vehicle will be checked for damages and the kilometres and the adjustments to the Price will be made.
14.3. If all the criteria are verified, the Seller will refund the purchase price, that is no longer refundable after the contract has been signed, as stated in the order, as soon as the Seller receives the Vehicle, and the car registration documents from the Buyer, together with all the documentation necessary to transfer the ownership of the Vehicle back to the Seller.
14.4. If the car has been driven more than 500 kilometres or damaged and the Seller still accepts the return of the car, the Seller will make the following deductions from the purchase price:
14.4.1. The actual depreciation due to the additional kilometres; and
14.4.2. The cost of repairing the damage caused to the car during the 14 day money back guarantee period.
14.5. If the Buyer will not be present on the Delivery Appointment to apply for the 14 day money back guarantee, the Seller assumes that the Vehicle will not be returned and the process is cancelled.
15 . MISCELLANEOUS PROVISIONS
15.1. If any Clause of this T&C is held to be illegal, invalid or enforceable, in whole or in part, such Clause shall apply with the elimination or modification that is necessary for it to be considered legal, valid and enforceable and to substantiate the economic and commercial intent of the Parties.
15.2. The non-exercise, or the late or partial exercise, of a right which is granted to either Party under this T&C shall not imply the waiver of that right nor prevent its subsequent exercise.
15.3. Any amendment or addition to this T&C shall only be valid if it is contained in a written document signed by all the Parties.
16. DATA PROTECTION
For the purposes of the regulations in force regarding the protection of personal data and services of the information society and electronic commerce, the personal data, both those provided for the formalisation of this contract and those collected during the term of the object of this T&C, will be incorporated according with the privacy policy present in the platform
17. GOVERNING LAW & JURISDICTION
17.1. This T&C and all its provisions shall be interpreted and construed in accordance with the Portuguese Law
17.2. Any dispute arising between the Parties about the interpretation or execution of the T&C shall be submitted to the competent Court.