Terms of sale

1. Scope

The seller is BLACK TRAILER, a French single-member limited liability company (EURL), with its registered office at 52 rue de Poulpry, 22660 Trévou-Tréguignec, France, registered with the Saint-Brieuc Trade and Companies Register (RCS) under number 928 380 872, EU VAT number FR58928380872, trading as Food Truck Store. These terms govern sales of trailers, options and accessories concluded directly with BLACK TRAILER by a business customer, that is, a customer acting for the purposes of its trade, business or profession, including a business that is still being set up.

BLACK TRAILER sells to businesses only: individuals or companies who, when they enter into the contract, act for the purposes of their trade, business or profession. This includes people setting up a business who buy the trailer to start trading: they act as businesses, not as consumers. BLACK TRAILER does not enter into sales contracts with consumers, so there is no consumer right of withdrawal.

Signing a quote or an order form means accepting these terms without reservation. They prevail over any document of the customer, in particular its own terms of purchase, unless BLACK TRAILER agrees otherwise in writing.

Our trailers are also sold through a network of independent distributors. In that case, the contract is concluded with the distributor, on its own terms; the website only passes your request on to it. BLACK TRAILER offers trailer rental in France only, under a separate contract signed electronically.

2. Quotes and orders

Every sale is based on a quote describing the trailer (layout, format, colour, options such as the gas bottle box), the price and the arrangements for collection or delivery. A quote is valid for one month. The order is firm once the quote or order form has been signed by an authorised person, including electronically, and the deposit has been received.

The photographs, plans, dimensions, colours, prices and descriptions on the website are given for information only. Only the quote binds BLACK TRAILER. An obvious error in a quote (a typing error, an absurdly low price) does not bind the seller.

Any change to the configuration or to the handover arrangements requested after the order is recorded in a written amendment; it may change the price and the lead time.

3. Prices

Prices are stated in euros, excluding VAT, which is added at the rate in force. The same prices excluding VAT apply as in France. Unless the quote states otherwise, they do not include transport, registration, wrapping (covering) or cooking equipment.

For delivery to another member state of the European Union to a customer with a valid VAT number, the sale is invoiced without VAT under the rules for intra-Community supplies; the customer accounts for the VAT on the intra-Community acquisition in its own country.

4. Payment

Unless the quote sets out special terms, a deposit of 50% of the price including all taxes is paid when you order. The balance is paid by bank transfer no later than three working days before collection, or seven days before shipping. The trailer is handed over only once it has been paid for in full. No discount is given for early payment, and the customer may not set off any amount without written agreement.

Any late payment automatically incurs, without prior formal notice, late payment interest (pénalités de retard) at three times the French statutory interest rate (taux d’intérêt légal) and a fixed fee of 40 euros for recovery costs (articles L. 441-10 and D. 441-5 of the French Commercial Code, Code de commerce), without prejudice to further compensation on proof.

If the quote mentions financing through a lease (crédit-bail) or a business loan, the order becomes firm once the lender’s approval has been received; if the financing is refused, the deposit is refunded on proof.

5. Lead times, collection and delivery

Unless the quote states otherwise, the trailer is made available to the customer south of Bordeaux. At the customer’s request, it can be delivered to the agreed address; the cost and arrangements are then set out in the quote, and the trailer travels at the customer’s risk.

Lead times are given for information only: they depend on stock, production and transport. BLACK TRAILER does everything it can to meet them and informs the customer of any delay. A delay gives no right to a penalty, compensation or cancellation of the order. By way of exception, if the trailer has still not been made available six months after the date announced, except in a case of force majeure, the customer may end the order and have its deposit refunded, to the exclusion of any other compensation.

If the customer does not collect the trailer, or is not present for delivery on the agreed date, without giving at least three working days’ notice, the costs of a new delivery attempt and of storage are charged to the customer.

It is up to the customer to check that its towing vehicle, its tow bar and its driving licence allow it to tow the trailer ordered.

6. Handover and claims

The customer checks the trailer at handover. Visible defects and anything that differs from the order are reported in writing, with photographs, within seven working days; transport damage is also noted on the carrier’s delivery note and confirmed to the carrier within three days. After that, the trailer is deemed to conform to the order.

The customer gives BLACK TRAILER the opportunity to see the defect and put it right, and does not intervene or have a third party intervene without BLACK TRAILER’s agreement. Once the defect is confirmed, BLACK TRAILER chooses whether to repair, replace or issue a credit note.

7. Retention of title and risk

The trailer remains the property of BLACK TRAILER until the price has been paid in full. Risk passes to the customer when the trailer is made available or handed to the carrier: from that date, it is up to the customer to insure it.

8. Type approval and conformity

Every trailer is delivered with its European Certificate of Conformity (COC). The gas bottle box is available as an option on every model. Outside France, BLACK TRAILER does not install the gas: the installation is carried out in the customer’s country, on the customer’s instructions, by an installer authorised there; in Ireland, a Registered Gas Installer (RGI). Registration, insurance and the periodic inspections required in the country of use are the customer’s responsibility, unless the quote includes them.

9. Warranty

Trailers are guaranteed for one year from handover against any defect in materials or workmanship, parts and labour included. Warranty repairs are carried out by the workshop of the nearest approved distributor, with the parts sent free of charge by BLACK TRAILER. If there is no approved distributor in the customer’s area, BLACK TRAILER has the repair done by a workshop near the customer, on a quote it approves. Equipment and components from other brands (refrigeration, cooking equipment, axle, coupling) are covered by their own maker’s warranty. A repair or replacement does not extend the warranty period.

The warranty does not cover normal wear and tear, use contrary to the instructions, overloading, lack of maintenance, impact damage or accidents, or repairs and modifications made by the customer or a third party without agreement. The legal guarantee against hidden defects (garantie légale des vices cachés) applies in all cases.

10. Liability

BLACK TRAILER is not liable for loss of business or for indirect loss. Its liability is limited to the price of the trailer concerned, except in the case of gross negligence (faute lourde) or personal injury.

11. Force majeure

Neither party is liable for a delay or failure to perform caused by an event beyond its control: a halt in production, a supply shortage, transport or border closures, a natural disaster or a decision of the authorities. If the obstacle lasts more than ninety days, either party may end the order; the deposit is then refunded.

12. Cancellation

An order for a configured trailer is firm; a business customer has no right of withdrawal (droit de rétractation). If the customer cancels other than in the cases provided for in articles 5 and 11, or fails to pay for or collect the trailer despite a written reminder, BLACK TRAILER may terminate the sale (résolution de la vente); the deposit is then kept by BLACK TRAILER as a penalty clause (clause pénale).

13. Intellectual property and data

The plans, visuals and documents provided with a quote remain the property of BLACK TRAILER and may not be passed on to a third party to have a competing product made. Data collected for the order is processed as set out in the “Legal notice and privacy” page of the website.

14. General provisions

The terms that apply are those in force on the date of the quote. If a clause is declared void, the others continue to apply. Not relying on a clause at a given time does not mean waiving the right to rely on it later.

These terms of sale are the English translation of the French terms of sale (conditions générales de vente) of BLACK TRAILER, available at www.foodtruckstore.fr/cgv. The French version prevails: if the two versions differ, only the French text is authentic. The exceptions are the clauses that these terms complete or adapt for customers outside France: sales to businesses only (article 1), prices excluding VAT (article 3), gas installation (article 8) and warranty repairs (article 9).

15. Governing law and disputes

These terms are governed by French law. The parties first seek an amicable solution. Failing that, any dispute between businesses falls within the jurisdiction of the Commercial Court (tribunal de commerce) of Saint-Brieuc.