Terms & Conditions USED NEXT

Terms & Conditions USED NEXT

1. General
1.1. In the context of these general terms and conditions, the following concepts shall have the following meanings: 
1.1.1. "USED NEXT" shall mean Roversud sàrl, a company incorporated under Luxembourg law with registered office at 6, rue Romain Fandel L-4149 Esch/Alzette and company number B57033
1.1.2. "Customer/Buyer": any person who acts as a potential buyer, buyer or customer vis-à-vis USED NEXT, or in any other way in the legal relationship with USED NEXT.
1.1.3. "User": any person who visits the USED NEXT website, directly or indirectly. 
1.1.4. Website: www.usednext.lu 
1.2. The general terms and conditions apply to any offer of USED NEXT and to any Contract formed (see 2.3) between USED NEXT and its Client/Buyer. These also apply to all other acts. 
legal, transactions, services, services, correspondence and the use of the website. 
1.3. By ordering vehicles from USED NEXT or by receiving vehicles from USED NEXT, the Customer/Buyer confirms that he/she: (1) has read these general terms and conditions before the conclusion of the contract ;(2) fully accepts the general terms and conditions; (3) that the general terms and conditions form an integral part of the contract formed. 
1.4. The general terms and conditions of USED NEXT prevail over any general terms and conditions of the Customer/Buyer, which are therefore excluded, regardless of the date on which the Customer/Buyer becomes aware of these general terms and conditions. The Customer/Buyer acknowledges that USED NEXT does not have to expressly object to the Customer/Buyer's general terms and conditions. 
1.5. If one or more provisions of these General Terms and Conditions are invalid, this shall have no influence on the other provisions, which may remain in force. The void provision is replaced by a valid provision that comes as close as possible to the objective and scope of the invalid provision. 
1.6. USED NEXT always has the right to unilaterally amend its general terms and conditions. These possible amendments also apply to contracts already concluded. Changes take effect one month after their publication, either by means of a written communication or by publication on the Website. If the Customer/Buyer does not accept the changes to the general terms and conditions, he must contest them by registered mail within 10 working days of receipt of the amended version. Once this period of entry into force has passed, the Customer/Buyer is deemed to have accepted (implicitly) the changes. 

2. Agreement of Wills
2.1. USED NEXT offers its goods by sending offers to potential Customers/Buyers. The buyer is bound to the order of the vehicle as soon as the purchase order is signed, validated by the management of USEDNEXT. The buyer agrees to pay within 24 hours the full amount of the Purchase Order. If necessary, USEDNEXT reserves the right to terminate the order form unilaterally.
The buyer signing the purchase order declares to have the power to bind the company by his signature. If this were not the case the person is considered to be buying for his own account.
The buyer may not assign the signed purchase order to a third party without the prior agreement of the seller. Used vehicles are always sold in the condition in which they are. The seller gives no guarantee as to the kilometers traveled by a vehicle that belonged to a third party.
2.2. Unless explicitly stated or agreed otherwise, the prices indicated on the purchase order are exclusive of VAT and other current or future charges/taxes that may apply to the goods.
2.3. The Contract is formed if the Customer/Buyer has accepted the purchase order expressly and in writing by returning the purchase order and the signed general conditions to USED NEXT (by post or digitally).

3. Invoicing and Payment 
3.1. Once the Contract has been formed in accordance with Article 2.3, signature of the purchase order, the customer must make the payment and USED NEXT issues the invoice. This is transmitted to the Customer/Buyer together with the other documents of the vehicle, unless otherwise agreed between the Parties. 
3.2. Invoices are payable in cash, in full and exclusively by bank transfer to USED NEXT's account in euros, as defined on the order form.
3.3. All complaints relating to invoices must reach USED NEXT within 8 calendar days of the invoice date, by reasoned registered letter. Once this period has passed, the complaint is in any case inadmissible. 

4. Delivery and deadline
4.1. Goods purchased by the Customer/Buyer are in principle delivered by USED NEXT (see Article 2.3), but only if the invoice has been paid in full. If the Parties agree that the vehicle(s) is/are collected by the Customer/Buyer, this can only be done after full payment of the invoice. 
4.2. The delivery time mentioned by USED NEXT is indicative. 
4.3. If USED NEXT takes care of the delivery of the vehicle(s) sold, at the earliest upon receipt of full payment of the invoice.
4.4. If the Customer/Buyer picks up the purchased vehicle(s), USED NEXT will communicate the date from which the vehicle is available. The Customer/Buyer undertakes to collect the vehicle(s), after full payment of the invoice, no later than 10 days after this communication from USED NEXT. Failing to meet this, the Customer / Buyer is liable for a land allowance of 15 euro per day and per vehicle from the 11th day.
4.5. The seller indicates that the delivery date is purely indicative and does not bind the seller. No compensation is due in case of exceeding the delivery date indicated on the order form. Exceeding the delivery time is not grounds for termination of the contract.

5. Retention of Title
5.1. USED NEXT remains the owner of the goods until full payment of the price (principal, costs, interest and/or lump sum compensation, storage allowance, etc.). 
5.2. If the Customer/Buyer has to collect the goods himself and fails to do so, the storage of the goods shall be at the expense and risk of the Customer/Buyer. 
5.3. Documents sent after delivery of the purchased goods are requested by USED NEXT from the relevant authorities immediately after the formation of the Contract. If, however, these documents are sent late by the authorities concerned, USED NEXT cannot be held liable. However, USED NEXT will always make every effort to be able to transfer the necessary documents on time. 

6. Force majeure
6.1. Force majeure situations, i.e. any event on which USED NEXT, its suppliers, Its servants (such as carriers), have no reasonable control, including but not limited to: strikes, employer strikes, interruptions in transportation and distribution, acts of war, fire, regulations or prescriptions of the government or administration, impossibility of obtaining natural gas and/or other fuels or deliveries, technical failure of machinery or systems, lack of personnel, extreme atmospheric conditions, accident during transport, etc., both at home and abroad, exempt USED NEXT from the performance of its commitments during the period of impediment and according to its scope.
6.2. Force majeure does not entitle the Customer/Buyer to any price reduction, nor to 
damages, dissolution or termination of the Contract. 
6.3. In such a case, the Parties shall make all reasonable efforts to continue or commence at most 
quickly the execution of the Contract. 

7. Cancellation 
7.1. The Customer/Buyer may only cancel an order if USED NEXT agrees in writing and upon payment of a lump sum compensation of 10% of the agreed total price, without deduction 
any advances already paid and subject to the claim for higher damages if USED NEXT provides proof of greater damage actually suffered. All subject to contrary agreements between the Parties. 
7.2. The advances paid by the Client/Buyer remain in any case the property of USED NEXT and are not 
not refunded. 

8. Resolution 
8.1. Either Party may terminate the Contract by recommended and reasoned formal notice, if the other Party does not meet its obligations under this Contract and does not regularize its 
negligence within 8 days of receipt of the recommended formal notice. 
8.2. Each of the parties may automatically consider the Contract to be terminated in the event of bankruptcy, judicial reorganization, liquidation or manifest insolvency of the other Party. 
8.3. Neither Party is required to pay a termination fee in the event of termination in accordance with Articles 8.1, 8.2 and 8.3. 

9. General Liability 
9.1. USED NEXT undertakes to perform the Contract to the best of its ability but does not provide any guarantee to the Client/Buyer so that all its commitments in accordance with the Contract are obligations of means. 
9.2. The causes of a possible claim for compensation must be communicated in a letter 
Duly substantiated recommended no later than 8 days after the end of the act that would have caused the damage, under penalty of forfeiture. 
9.3. If the Customer/Buyer retains any liability opposite USED NEXT, the latter must provide in his registered letter a reasonable period of at least 30 days to allow 
USED NEXT to repair undisputed defects and/or to limit or eliminate defects resulting from damage. Any responsibility can only be retained at the end of this period. 
9.4. USED NEXT's liability for damage to third parties or indirect damage (e.g. consequential damage, loss of profit, loss of goodwill, damage caused by business stagnation, damage caused by non-compliance with agreed delivery and performance deadlines) is excluded. 
9.5. The Customer/Buyer undertakes to provide in a timely and correct manner all data that USED NEXT declares necessary or of which the Customer/Buyer is reasonably expected to know the 
necessity or usefulness in the context of (the formation/performance of) the contract. The Customer/Buyer bears the risk of misunderstandings or faults with regard to the performance of the Contract if these result from acts of the Customer, such as late communication or non-provision of complete, reliable and clear information/data.
9.6. Any liability of USED NEXT (contractual or extra-contractual, direct or indirect) is in any case limited to the amount paid by the Customer.

10. Used Vehicle Liability 
10.1. USED ​​NEXT will notify the Client/Buyer of any apparent defects/damages it has knowledge at the time of the sale of a used vehicle.
10.2. The vehicle is always sold and transferred in the state in which it is.
10.3. The Customer/Buyer accepts the used vehicle with all its defects, apparent or hidden. 

11. Takeovers
The vehicle taken back by USEDNEXT is to be handed over on the day of delivery of the vehicle purchased in good working order without hidden defects and equipped with its complete original tools, if not stipulated otherwise. In the event of even a slight change in the condition of the returned vehicle, USEDNEXT may, at its option:
- Cancel the trade-in contract and demand payment of the trade-in value
- Demand the return of the vehicle in the condition in which it was on the day of the conclusion of the contract.
The condition of the vehicle results from a report made on the day of the sale.

12. Applicable law, competent court 
12.1. The Parties agree to make every effort to settle amicably any dispute relating to the conclusion, validity, performance and/or termination of this Agreement, prior to any action in 
justice. 
12.2. In the absence of an amicable solution concerning the aforementioned disputes, the dispute will be settled exclusively by the courts of the Grand Duchy of Luxembourg, without prejudice to the right of USED NEXT to issue a summons before the courts of the place of registered office/domicile of the Customer/Buyer. 
12.3. All contracts between USED NEXT and the Client/Buyer are governed by Luxembourg law, with 
exclusion from the United Nations Convention on Contracts for the International Sale of Goods.