GENERAL TERMS AND CONDITIONS OF SALE B2C

• AERO AUTOFACTORIA: the public limited company AERO AUTOFACTORIA Group SA, established and having its registered office at L-3844 Schifflange- Foetz, 1, Lëtzebuerger Heck, registered with the RCS of Luxembourg under number B61081.
• BDC: Order form containing the technical description of the Vehicle.
  
  
• GCS: these general terms and conditions of sale, which exclusively govern all contractual relations between the Parties, as well as all subsequent versions.
  
  
• Customer or Consumer: any natural person who acts for purposes that do not fall within the scope of his or her commercial, industrial, artisanal or liberal activity and who is to be considered a “consumer” within the meaning of article L-010-1 point 1) of the French Consumer Code.
  
  
• Sales contract or Contract: any sales contract concluded between the Parties, relating to the sale of one or more Vehicle(s), between AERO AUTOFACTORIA and the Customer. The Contract consists of the BDC and these GTC .
  
  
• Distance contract: any contract concluded between AERO AUTOFACTORIA or a duly authorized person acting in its name or on its behalf, and the Customer, within the framework of an organized distance sales or service provision system, without the simultaneous physical presence of AERO AUTOFACTORIA and the Customer, by the exclusive use of one or more distance communication techniques, up to and including the moment when the contract is concluded.
  
  
• Personal Data: refers to personal information (surname, first name, address, date and place of birth, email, telephone of the Customer) as this notion is defined by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter the “RGPD”).
  
  
• Final invoice: invoice issued by AERO AUTOFACTORIA after full payment of the Price.
  
  
• Parties: refers to AERO AUTOFACTORIA and the Customer.
  
  
• Price or Sales Price: the purchase price of the Vehicle stipulated in the BDC, including standard equipment and options described on the BDC, formalities and all VAT and taxes (incl. VAT) of any kind whatsoever, including those due exclusively in the Customer’s country of residence. In the case of home delivery, transport costs are also included. The sale price does not include any “carbon taxes” or other registration fees payable in the customer’s country of residence, if the customer lives outside the Grand Duchy.
  
  
• Vehicle: refers to all new and used Vehicles and “0 km” Vehicles covered by the Contract.
  
  
• Used vehicle(s): refers to used vehicle(s) that are recent in terms of mileage and/or year of manufacture and/or year of registration, offered for sale by AERO AUTOFACTORIA, i.e. vehicles that have travelled more than 6,000 km and were first put into circulation more than 6 months ago.
  
  
• New vehicle(s): refers to vehicle(s) that have never been driven or registered. However, vehicles that have been registered for import purposes may be accepted as new.
  
  
• 0 km” vehicle(s): refers to vehicle(s) that have been registered for the first time but whose mileage is between 0 and 100 km.

Any BDC sent by AERO AUTOFACTORIA to the Customer, returned signed by the Customer to AERO AUTOFACTORIA, implies the Customer’s full and complete acceptance of these GTC.

Where the special terms and conditions of the Contract differ from the provisions of these GCS, the special terms and conditions of the Contract shall prevail.

These GTC have been brought to the attention of the Customer prior to the conclusion of the Contract, which he expressly acknowledges by initialling at the bottom of each page, and can be consulted (together with any updates) on the AERO AUTOFACTORIA website: www.autofactoria.com).

The Vehicle which will be the subject of the Contract between the Parties is described in the BDC sent by AERO AUTOFACTORIA to the Customer. The Vehicle will have been previously selected by the Customer, either on the AERO AUTOFACTORIA advertising website, or directly in one of the AERO AUTOFACTORIA branches.

The Vehicles offered for sale to the Consumer by AERO AUTOFACTORIA are new Vehicles or “0 km” Vehicles or used Vehicles present in the stock of AERO AUTOFACTORIA, which can be consulted on its Internet site or in one of its agencies.

The Customer is informed and accepts that the Vehicles sold by AERO AUTOFACTORIA are the property of AERO AUTOFACTORIA.
The Customer is aware and accepts that Vehicles may come from abroad respectively from importation, so that Vehicle options may vary from one country to another and that Vehicles coming from importation may have a different name.

Vehicles from other countries may have different names and/or options. The Customer is advised and accepts to take possession of his Vehicle according to the designation determined by the manufacturer in the country of origin of the Vehicle.

The sales contract only comes into force after payment of the deposit stipulated in article 5 of these GTC.

4.1. The Sales Price is shown on the BDC. It includes the services and products referred to in the BDC and is understood to include Luxembourg VAT or any other VAT applicable according to the legislation in force (at the rate in force at the time the Sales Contract is concluded).

The Price excludes all taxes relating to the import of the Vehicle, the use or registration of the Vehicle in the Customer’s country of residence, which remain the exclusive responsibility of the Customer (in particular “carbon taxes”).

AERO AUTOFACTORIA cannot be held responsible for the removal or modification of the provisions relating to the said taxes, in particular within the framework of the sale of the Vehicle ordered in one year and delivered in the following year.

4.2. The cost of the final registration depends on the Vehicle’s tax rating, the Vehicle’s CO² emission level and the applicable legislation in the Customer’s country of residence. This cost must be paid by the Customer, in addition to the Price stipulated in 4.1.

On acceptance of the BDC, the Customer undertakes to pay AERO AUTOFACTORIA, in accordance with the terms and conditions set out therein, a deposit of one thousand (1,000) euros, payable in cash, by credit card, cheque or bank transfer, or by e-transfer via the AERO AUTOFACTORIA website, on the day the BDC is signed.

Depending on the value of the Vehicle(s), AERO AUTOFACTORIA may provide in the special conditions of the Sales Contract for a deposit higher than this amount, without the amount of the deposit exceeding 10% (ten percent) of the value of the Vehicle(s).

Payment of the balance of the Sales Price will be made i) either by bank cheque made payable to “AERO AUTOFACTORIA” when the Vehicle is made available, only if it is delivered to the place of sale or to a dealership,

1. ii) or by bank transfer, which must be credited to AERO AUTOFACTORIA’s bank account made out to the BDC no later than forty-eight (48) hours before delivery of the Vehicle(s) to the Customer.

Payment of the balance of the Price may also be made by a finance company or an approved bank, no later than forty-eight (48) hours before delivery of the Vehicle(s) to the Customer.

AERO AUTOFACTORIA will not accept any payment of the balance due of the Sales Price in cash.

The transfer of ownership of the Vehicle is delayed until full and complete payment of the Price by the Customer.

If the Customer refuses to pay the balance of the Price, AERO AUTOFACTORIA may refuse to deliver the Vehicle.

In the event of an order for several Vehicles, if the Customer refuses to pay all or part of the Price, AERO AUTOFACTORIA may refuse to deliver all the Vehicles or deliver only the fully paid Vehicle(s).

Any delay in payment, even partial, of the Price, will entail the application, ipso jure and without prior notice, of late payment interest at the legal rate in force, increased by 3% per annum from the agreed due date.

Non-payment of the Price is also a cause for termination of the Contract by AERO AUTOFACTORIA to the exclusive detriment of the Customer as mentioned in article 6 of these GTC.

The Vehicle will be delivered either :

• at the place of sale agreed between AERO AUTOFACTORIA and the Customer or at one of the AERO AUTOFACTORIA dealerships in the Grand Duchy of Luxembourg
• at the customer’s domicile, on the basis of a transport order given by the customer to a carrier

Where the Sales Contract provides for AERO AUTOFACTORIA to ship the Vehicle to the Customer, the risk of loss or damage to the goods is transferred to the Customer when the Customer, or a third party designated by the Customer and other than the carrier, takes physical possession of the Vehicle.

However, the risk is transferred to the Customer upon delivery of the Vehicle to the carrier, insofar as the latter has been entrusted with the transport of the Vehicle by the Customer and the choice has not been proposed by AERO AUTOFACTORIA, without prejudice to the rights which the Customer has with regard to the carrier.

The delivery time of the Vehicle is indicated on the BDC and only this time is binding for AERO AUTOFACTORIA.
Where delivery has not taken place on the agreed date or, in the absence of an agreed date, at the latest within thirty
(30) days of the conclusion of the Sales Contract between AERO AUTOFACTORIA and the Customer, the Customer has the right to :

(i) immediately terminate the contract when the delivery date is essential for the Customer, which must have been indicated as such in the sales contract,

(ii) immediately terminate the contract when the delivery date is essential for the Customer in view of all the circumstances surrounding the conclusion of the sales contract;

(iii) propose a new delivery period appropriate to the circumstances and immediately terminate the Contract if the Vehicle has not been delivered by the end of this new period.

When delivery has not taken place on the agreed date and the Sales Contract is terminated by the Customer in one of the cases referred to in points (i) to (iii) above, the Customer will be reimbursed in full for the amount of the deposit already paid, within a reasonable period of 10 (ten) working days from the notification of termination of the contract by the Customer to AERO AUTOFACTORIA.

In the event of non-delivery within the deadlines stipulated by the BDC, AERO AUTOFACTORIA undertakes to provide the Customer with a replacement vehicle of the same category for a maximum period of fourteen (14) calendar days and undertakes to carry out all necessary administrative procedures in order to deliver the Vehicle purchased by the Customer within this period.

If, despite the replacement vehicle supplied by AERO AUTOFACTORIA, the Customer has suffered damage as a result of the termination of the Sales Contract and is entitled to claim compensation. In the event of fault on the part of AERO AUTOFACTORIA, the compensation to which the Customer may be entitled is limited to :

• 5% (five percent) of the agreed Sales Price when the Customer requests performance of the contract; and
• 15% (fifteen percent) of the agreed sales price if the Contract is terminated by the Customer.

For the avoidance of doubt, these amounts are maximums, and the Customer must in any event prove the existence and amount of his direct loss.

However, AERO AUTOFACTORIA cannot be held responsible if the customer’s damage would have occurred even if the delivery had been made on time.
In any case, AERO AUTOFACTORIA may have to postpone delivery of the Vehicle(s) (which the Customer accepts) depending on :

• the correct receipt by AERO AUTOFACTORIA’s supplier of all documents required to complete the transaction,
• transport delays and constraints, and/or
• preparation times (washing, checking and inspection) for the Vehicle(s),

AERO AUTOFACTORIA undertakes to keep the Customer informed of any constraint having the effect of delaying the delivery of the Vehicle(s).

Similarly, AERO AUTOFACTORIA cannot be held responsible for any delays caused by the European authorities in the process of registering the Vehicle(s), once AERO AUTOFACTORIA has provided the Customer with all the legal documents required to complete this procedure.

AERO AUTOFACTORIA cannot be held responsible for late delivery or non-delivery in the event of force majeure, such as theft of the Vehicle, fire damage (internal or external), war or nuclear or natural disaster.

When the Vehicle(s) is (are) ready to be made available to the Customer, AERO AUTOFACTORIA will inform the Customer, either by telephone and then by e-mail, or by registered letter with acknowledgement of receipt. In this respect, the contact details used to inform the Customer that the Vehicle(s) is (are) available will be those entered by the Customer on the BDC.

Except in cases of force majeure, the Customer undertakes to pay the Price and to take delivery, at the latest, within eight (8) calendar days from the date on which he was informed of the availability of the Vehicle(s).

After this period, AERO AUTOFACTORIA may either demand compulsory execution of the sales contract, or invoke automatic termination of the contract and payment of a fixed indemnity equal to 15% (fifteen percent) of the sales price for non-performance of the contract. The deposit paid by the customer will be retained by AERO AUTOFACTORIA and deducted from the amount of the termination indemnity.

In addition, AERO AUTOFACTORIA may invoice the Customer for storage costs for the Vehicle(s) up to a maximum of forty-five (45) euros per day and per Vehicle, inclusive of tax, from the time the Customer receives information concerning the availability of the Vehicle(s), until the Contract is terminated or the Contract is fulfilled by the Customer.

In the event of termination of the Contract, AERO AUTOFACTORIA will dispose of the Vehicle(s) as it sees fit and may put it (them) up for sale, without any compensation to the Customer.

In the case of a distance contract and in accordance with the provisions of Luxembourg law, in particular Article L- 221-3 of the Consumer Code, the Customer has a withdrawal period of fourteen (14) calendar days from receipt or delivery of the Vehicle.

The Customer may exercise his right of withdrawal, using the withdrawal form attached to these GTC or available on the website www.autofactoria.com, in writing or on any other durable medium, addressed to AERO AUTOFACTORIA at the following address: “AERO AUTOFACTORIA, Service Commercial, 7 Letzebuerger Heck, L-3844 Schifflange/Foetz”, unambiguously expressing his wish to withdraw and containing the elements enabling him to be identified (surname, first name, address, BDC number).

The customer has the right to withdraw without giving any reason and without penalty to AERO AUTOFACTORIA.

In the event of withdrawal, the Customer undertakes to personally return the Vehicle(s) in the condition received by him/her, without damage, problems or wear other than that resulting from normal wear and tear during the period between delivery and the exercise of the right of withdrawal, to the AERO AUTOFACTORIA head office or to the dealership where delivery took place, without delay and at the latest within two (2) calendar days following notification (date of dispatch) of his/her decision to withdraw.

In the event of a dispute, it will be up to the Customer to prove that he has exercised his right of withdrawal within the aforementioned period.

In any event, the costs of restoring the returned Vehicle (if it was damaged and/or involved in an accident during the period between delivery and the exercise of the right of withdrawal), as well as any other fine, conviction and/or penalty (the list of which is not exhaustive) caused or incurred during the period of possession by the Customer of the returned Vehicle, will be borne by the Customer.

To this end, a joint return report will be signed between AERO AUTOFACTORIA and the Customer on the day of return, and each of the Parties will receive a copy.
The exercise of the right of withdrawal does not entail any obligation on the part of AERO AUTOFACTORIA to pay any registration fees or taxes that the Customer may have incurred during the period in which the right of withdrawal is exercised. These remain the responsibility of the Customer.

In addition, if the number of kilometers travelled since delivery exceeds 100 km, the Customer must compensate AERO AUTOFACTORIA for each kilometer travelled in excess of the said 100 km threshold,

• at a rate of one (1) euro incl. VAT per kilometer in excess of 101 Km ;
• at a rate of one point fifty (1.50) euros per kilometer over 500 km, all taxes included;
• two (2) euros per kilometer over 1,000 km.

In the case of a distance selling Contract, the Customer receives from AERO AUTOFACTORIA a confirmation e- mail containing a summary of the Sales Contract (BDC and GCS). The distance contract is also available on the AERO AUTOFACTORIA internet platform.

The distance contract is always concluded under the following resolutive conditions:

(i) reasonable indication that the Customer is acquiring the vehicle with the intention of reselling it for commercial purposes;

(ii) reasonable indication that the Customer is in breach of applicable export control laws, sanctions and other restrictive measures; 

(iii) reasonable indication that the execution of the sale would violate the legitimate interests of AERO AUTOFACTORIA.

These resolutive conditions expire three (3) weeks after the conclusion of the distance contract and, if the Vehicle(s) purchased is (are) available from stock at AERO AUTOFACTORIA, ten (10) days after the conclusion of the distance contract.

No later than the expiry of this period, the Customer will receive an e-mail from AERO AUTOFACTORIA confirming either (i) that the remote Contract will continue to be executed, or (ii) that the remote Contract will not be executed by AERO AUTOFACTORIA in the event that AERO AUTOFACTORIA decides to cancel the sale in accordance with this provision.

A reasonable indication that the Customer is purchasing the Vehicle with the intention of reselling it for commercial purposes may be inferred in particular from the Customer’s participation in a comparable breach of this resale prohibition during the twenty-four (24) months preceding the conclusion of the Distance Contract.

If the distance contract is not executed by AERO AUTOFACTORIA due to the fulfilment of a resolutory condition, the deposit paid by the Customer when signing the distance contract will be reimbursed to the Customer within 10 (ten) working days.

The distance contract also entitles the customer to exercise the right of withdrawal specified in article 7 of these GTS.

The purchase of vehicles by a Customer via the online platform generally constitutes a distance sale. However, this is not the case when the Contract has not been concluded exclusively by means of distance communication (e.g. if the Vehicle is reserved via the Internet but the BDC is signed at AERO AUTOFACTORIA’s premises).

The Customer benefits from the legal warranties, as defined in articles L.212-1 et seq. and article L.212-6 of the French Consumer Code.

In accordance with article L.212-5 paragraph 3 of the French Consumer Code, for Vehicles first put into circulation more than one (1) year ago, the legal warranty is set at one (1) year.

For Vehicles first put into circulation less than one (1) year ago, the legal warranty is set at 2 (two) years from delivery of the Vehicle, in accordance with article L.212-5 paragraph 1er of the French Consumer Code.

The Customer’s warranty claim will lapse at the end of a period of 2 (two) years in the case of the sale of a Vehicle whose first registration is less than 1 (one) year old, and 1 (one) year in the case of the sale of a Vehicle whose first registration is more than 1 (one) year old, from the date of the aforementioned denunciation, unless the Customer has been prevented from asserting it as a result of fraud on the part of AERO AUTOFACTORIA.

The provisions of articles L.212-6 to L.212-11 of the French Consumer Code apply in all other respects.

AERO AUTOFACTORIA offers the Customer the possibility of taking out an additional warranty for his Vehicle, via an external partner and according to terms that vary according to the Customer’s requests. This additional warranty will be invoiced separately

In addition to the warranty set out in the previous article, the Customer also benefits from the warranties against hidden defects provided for in articles 1641 to 1649 of the French Civil Code, under the conditions set out in these provisions, as well as in article L.212-10 of the French Consumer Code.

The Customer must notify AERO AUTOFACTORIA of any hidden defect(s) affecting the Vehicle(s), in accordance with the conditions and time limits set out in article 1648 of the French Civil Code.

For all other claims by the Customer not covered by articles 6, 9 and 10 of these GCS, and to the extent permitted by law, AERO AUTOFACTORIA’s liability is limited as follows: AERO AUTOFACTORIA shall only be liable for breach of essential contractual obligations, such as those which the Sales Contract specifically seeks to impose on AERO AUTOFACTORIA in consideration of the content and purpose of the Sales Contract, or without which the normal and proper performance of the Sales Contract would not be possible and on whose observance the Customer relies and should be able to rely.

This liability is limited to damage foreseeable at the time of conclusion of the sales contract. If the damage is covered by insurance taken out by the Customer and relating to the type of damage suffered (excluding lump- sum cover), AERO AUTOFACTORIA may only be held liable for the related loss suffered by the Customer, such as higher insurance premiums or loss linked to the unavailability of sums until the claims are settled by the insurance company.
This liability is in any case capped at 10% (ten percent) of the Sales Price actually paid by the Customer.

The personal liability of the legal representatives, agents and employees of AERO AUTOFACTORIA for damage caused by them as a result of slight negligence is also limited to the extent provided for in this article of the GTC.

The limitations of liability provided for in this article of the GCV do not apply in the event of injury to life, limb and/or health or if they are contrary to the French Consumer Code.

The Customer benefits from the manufacturer’s warranty only when it is still valid, i.e. for a minimum of two (2) years following the first registration of the Vehicle, and in any event for all “0 km” Vehicles.

The content, scope and procedures for implementing the manufacturer’s warranty are specified either in the manufacturer’s warranty booklet supplied with the Vehicle(s) delivered by AERO AUTOFACTORIA, or on the manufacturer’s website, in the maintenance booklet, via the data collected on the Vehicle’s on-board computer or in its network.

Insofar as necessary, AERO AUTOFACTORIA subrogates to the Customer all its rights against the manufacturer and/or its distributor, which may arise from the contract concluded between AERO AUTOFACTORIA and the latter.

The customer is informed that he/she can also benefit from recall actions during safety operations at the nearest brand dealer. 

Under no circumstances will the Customer be able to claim recourse against AERO AUTOFACTORIA, in the event of misuse or non-compliance by the Customer with the manufacturer’s instructions in the application of the manufacturer’s warranty.

Legal warranty of conformity

At the Customer’s request, AERO AUTOFACTORIA can assist the Customer in obtaining the final registration of the Vehicle or subcontract these procedures to a third party specialized in this field.

AERO AUTOFACTORIA will send all documents relating to the Vehicle and necessary for its final registration directly to the Customer.

In accordance with the provisions of article 4 of these GCS, registration fees, including any “carbon taxes” for the Vehicle, are not included in the Sales Price and are the sole responsibility of the Customer.

In the event that the Customer is authorized to terminate the Contract pursuant to these General Terms and Conditions of Sale, the Customer must exercise this right by registered letter with acknowledgement of receipt or by any other written means, and the Customer must request receipt of this by AERO AUTOFACTORIA.

Termination will take effect on the date of receipt of the letter or other writing by AERO AUTOFACTORIA, unless AERO AUTOFACTORIA has performed before that date, in which case the termination will be null and void.

The same provisions shall apply mutatis mutandis when AERO AUTOFACTORIA is entitled to terminate the Agreement.

The Customer is informed that, for Vehicles shown as being in stock, delivery times and Prices are only guaranteed within the limits of available stocks.

Any vehicle belonging to the Customer and bought back (trade-in) by AERO AUTOFACTORIA will be subject to an appraisal by AERO AUTOFACTORIA’s technical teams. The trade-in sheet for this trade-in vehicle will form an integral part of the Contract and will be signed by the Parties.

The registration certificate of the vehicle taken back must be in the Customer’s name. The vehicle taken back must be in good working order on the day of delivery, without any modification to the meter or modification to the vehicle’s manufacturer’s power rating.

The Vehicle taken back must have an engine in good condition, be fitted with correct tires and be driven under its own power.
The validity of the trade-in is still conditional on the Customer providing AERO AUTOFACTORIA with the following information:

•  Vehicle history ;
• Service history of the vehicle taken over ;
• Duplicate keys of the vehicle taken over ;
• Vehicle registration document ;
• Customer identity card ;
• Any document authorizing the transferability of the repossessed vehicle signed by the customer;
• Proof of residence of the customer of the vehicle taken back, less than one month old;
• Certificat de non-gage (for trade-in of French- registered vehicles).

The customer must sign the certificates of transfer and non-tagging to validate the trade-in.

The Customer undertakes to allow AERO AUTOFACTORIA to carry out any useful checks on the vehicle taken back, to carry out a complete inspection and a possible road test.

In the event of a credit sale, AERO AUTOFACTORIA cannot be held responsible for the credit institution’s decision and/or for the protection and conservation of the Personal Data collected during the credit application process and transmitted for this purpose by AERO AUTOFACTORIA to the credit institution, with the exception of the Customer’s right to request the credit institution to enforce its rights with regard to the protection of its Personal Data as defined in article 23 of these GTC.

AERO AUTOFACTORIA will not carry out any analysis or verification of the documents and information collected as part of the credit application process, with the exception of documents and information validly collected with a view to concluding the Contract.

The Customer undertakes to insure the Vehicle with his insurer or an approved insurance company from the date of delivery of the Vehicle(s). AERO AUTOFACTORIA declines all responsibility in the event of damage occurring after delivery.

The Vehicle does not become the property of the Customer until full payment of the Price and accessories has been made. This reservation of ownership clause was brought to the Customer’s attention when the BDC was signed, and is reiterated in these GCS.

The Vehicle remains the property of AERO AUTOFACTORIA until full settlement of all claims that AERO AUTOFACTORIA has against the Customer under the Sales Contract.

As long as ownership is reserved to AERO AUTOFACTORIA, the Customer may not dispose of the purchased good, nor grant any third party a contractual right of use, nor register it.

Neither Party shall be liable to the other, nor be deemed to have breached the Contract, if it is prevented or delayed from performing its obligations by reason of force majeure, and more particularly fire, flood or any other accident causing the partial or complete destruction of the business, lack of motive power or raw materials resulting from a general cause, natural or nuclear disasters, war, theft or general damage to the Vehicle.

AERO AUTOFACTORIA being able to demand any compensation from the other party.

If the force majeure event exceeds a duration of 8 weeks, each of the Parties will have the right to terminate the Contract by registered letter with acknowledgement of receipt. AERO AUTOFACTORIA will reimburse the Customer for any advance payments made, and the Customer will not be entitled to claim any additional compensation.

In accordance with Directive 2013/11/EU, the European Commission is making available an internet platform for the online settlement of disputes (“RLL platform”) between businesses and Consumers. It can be accessed via the following link: http://ec.europa.eu/consumers/odr.

AERO AUTOFACTORIA is not obliged to participate and does not participate in dispute resolution procedures that would be initiated before an alternative dispute resolution body, such as in particular the RLL platform.

AERO AUTOFACTORIA’s customer service is at the customer’s disposal for any complaint and will do everything in its power to respond.

AERO AUTOFACTORIA’s contact details can be found at the bottom of these General Terms and Conditions as well as on the BDC and the Contract.

The Customer and AERO AUTOFACTORIA undertake to use their best efforts to settle amicably any dispute arising from the formation, interpretation and performance of the Contract.

It is reminded that recourse to an amicable procedure is optional, the Customer and AERO AUTOFACTORIA being able in any event to submit their dispute to the competent jurisdiction.

Any dispute relating to the interpretation, performance or termination of the Contract shall be subject to Luxembourg law and to the jurisdiction of the courts of Luxembourg-City.

By express agreement, the place of performance of the sales contract is deemed to be the Grand Duchy of Luxembourg.

The Personal Data communicated by the Customer is essential for the processing of his/her request. The Personal Data collected is not sold.

AERO AUTOFACTORIA collects the Customer’s Personal Data in the context of the use of its services, partnerships, offers, visits to our premises during promotional activities, visits to our websites and pages and the use of its online services.

Declarative Personal Data is that which the Customer provides via forms, whether dematerialized on the websites, in paper format or in response to questions put to him on any medium, including by e-mail or directly on the AERO AUTOFACTORIA website.

AERO AUTOFACTORIA takes into account the principles of minimization and protection of Personal Data by design as well as protection of Personal Data by default.

As a result, Personal Data is collected only to the extent necessary for the purposes for which it is processed in connection with the use of its services.

Mandatory Personal Data is indicated by an asterisk (*) on the data collection medium.

Customers are free to choose whether or not to provide all or part of their Personal Data.

However, such a decision could result in limiting access to certain services or products offered by AERO AUTOFACTORIA, or other functionality offered by its websites and mobile applications.

• On what basis is Personal Data collected?

Personal Data is processed by AERO AUTOFACTORIA in the cases permitted by the applicable regulations, and in particular under the following conditions:

-when the Customer has given free, specific, informed and unambiguous consent to the processing of his/her personal data (e.g.: request for information, subscription to information, registration for a marketing event, etc.).

-to comply with AERO’s legal or regulatory obligations (e.g., the fight against fraud and money laundering)

-when AERO’s legitimate interests may be such as to justify its processing (e.g. computer security measures).

In each case, information is provided in accordance with the applicable law.

• Why is Personal Data collected?

Customer Personal Data is collected for specific, explicit and legitimate purposes. Depending on the case, this Personal Data may be used for the following purposes:

-participate in satisfaction surveys, analyses and statistics in order to improve AERO AUTOFACTORIA’s products and services, as well as its knowledge of its customers and prospects;

-request, obtain or receive information about AERO AUTOFACTORIA or any of its entities or affiliates, or the products and services offered by them or their partners;

-subscribe to and receive thematic information (documentation, invitations, activity reports, etc.);

-improve the customer experience;

-AERO AUTOFACTORIA may also use the Customer’s Personal Data for administrative purposes or for any other purpose required by current legislation.

• Who are the recipients of Personal Data?

As Personal Data is confidential, only persons duly authorized by AERO AUTOFACTORIA may access the Customer’s Personal Data, without prejudice to its possible transmission to bodies responsible for a mission of control or inspection in accordance with applicable regulations.

All persons having access to the Customer’s Personal Data are bound by an obligation of confidentiality. These persons include authorized personnel (support, administrative, IT) within the company and its affiliates. AERO AUTOFACTORIA’s service providers may also be required to process Personal Data strictly necessary for the performance of the services entrusted to them (assignment, electronic and postal distribution, logistics, etc.).

In the event of recourse to affiliates or service providers located outside the European Union, AERO AUTOFACTORIA undertakes to verify that appropriate measures have been put in place to ensure that the Customer’s Personal Data benefit from an adequate level of protection (in particular thanks to the European Commission’s standard contractual clauses, internal company rules or the Data Protection Shield set up between the European Union and the United States).

• How is the security of the Customer’s Personal Data safeguarded?

AERO AUTOFACTORIA takes care to protect and secure the Customer’s Personal Data in order to ensure their confidentiality and to prevent them from being distorted, damaged, destroyed or disclosed to unauthorized third parties.

When the disclosure of Personal Data to third parties is necessary and authorized, AERO AUTOFACTORIA ensures that these third parties guarantee the same level of protection for the Customer’s Personal Data concerned as that offered to them by AERO AUTOFACTORIA, and requires contractual guarantees so that, in particular, the Personal Data is processed exclusively for the purposes that the Customer has previously accepted, with the required confidentiality and security.

AERO AUTOFACTORIA implements technical and organizational measures to ensure that Personal Data is kept securely and for as long as is necessary for the purposes for which it is to be used in accordance with applicable law. Although AERO AUTOFACTORIA takes reasonable measures to protect the Customer’s Personal Data, no transmission or storage technology is totally infallible.

In accordance with applicable European regulations, in the event of a proven breach of Personal Data likely to give rise to a high risk for the rights and freedoms of the persons concerned, AERO AUTOFACTORIA undertakes to communicate this breach to the competent supervisory authority and, where required by the said regulations, to the persons concerned (individually or generally as the case may be).

Without prejudice to the foregoing, it is the Customer’s responsibility to exercise due care to prevent unauthorized access to his Personal Data.

In addition, AERO AUTOFACTORIA’s websites may provide links to third-party websites that may be of interest to the Customer.

AERO AUTOFACTORIA has no control over the content of these third-party sites or over the practices of these third parties with regard to the protection of Personal Data that they may collect.

Consequently, AERO AUTOFACTORIA declines all responsibility concerning the processing by these third parties of the Customer’s Personal Data, not subject to the present GTC. It is the Customer’s responsibility to find out about the personal data protection policies of these third parties.

• How long is Personal Data kept?

AERO AUTOFACTORIA retains the Customer’s Personal Data for as long as is necessary for the fulfillment of the purposes for which it is to be used, subject to the legal possibilities of archiving, obligations to retain certain data, and/or anonymization.

• What are the Customer’s rights with regard to his Personal Data and how can they be exercised?
   
  • Customer

Subject to the limits provided for by the regulations in force, the Customer has the following rights with regard to his Personal Data:

-Right to information on the processing of Personal Data ;

-Right of access, rectification and deletion (or “right to be forgotten”) of Personal Data

-Right to limit the processing of Personal Data ;

-Right to the portability of Personal Data ;

-Right to withdraw consent to the processing of Personal Data ;

-Right to lodge a complaint with the supervisory authority ;

-The right to decide what happens to your Personal Data after your death.

• How to exercise your rights
  
  

For any question relating to the exercise of the Customer’s rights, as described above and described more precisely in AERO AUTOFACTORIA’s charter relating to the processing of Personal Data, which can be consulted on the website www.autofactoria.com, the Customer may contact AERO AUTOFACTORIA, either electronically or by post, by sending a letter together with a copy of any identity document to: dataprotection@aafgroup.eu or Service de gestion des Données personnelles AERO AUTOFACTORIA – 1, rue du Commerce, L-3844 Schifflange.

AERO AUTOFACTORIA undertakes to reply as soon as possible, and in any event within one month of receipt of the request.

If necessary, this deadline may be extended by two months, taking into account the complexity and number of requests addressed to AERO AUTOFACTORIA. In this case, the customer will be informed of the extension and the reasons for the postponement.

If the request is submitted electronically, the information will also be provided electronically where possible, unless the Customer expressly requests otherwise.

If AERO AUTOFACTORIA does not comply with the request, it will inform the Customer of the reasons for its inaction and the Customer may lodge a complaint with the Luxembourg supervisory authority, which is the Commission Nationale pour la Protection des Données (CNPD), located at L-4370 Belvaux, 15, Boulevard du Jazz.

In particular, the CNPD monitors and ensures compliance with the General Data Protection Regulation and national data protection laws, and handles complaints lodged by a data subject or by a body, organization or association.

The CNPD is also responsible for enforcing the provisions of the amended Act of May 30, 2005 on the protection of privacy in the electronic communications sector and its implementing regulations.

The fact that one or more provisions of these GTC are deemed invalid or unwritten shall not affect the validity and enforceability of the remaining provisions.