1. Purpose
These General Terms and Conditions of Sale (hereinafter referred to as the “Terms”) define the terms and conditions governing the pre-order of the Arsène electric vehicle, which is currently under development and whose homologation is expected within an estimated period of eighteen (18) months.
The pre-order does not constitute a final and binding sale, but a priority reservation giving the customer the opportunity to place a firm order on a priority basis when the vehicle becomes commercially available.
2. Seller Information
Company name : MHV-Véhicules
Legal form: Simplified Joint-Stock Company (SAS)
Registered office: 214 rue Saint-Paterne, 60700 Pontpoint, France
RCS : Compiègne, SIRET 98492936400011
Contact : benjamin.janssen@mhv-vehicules.com
3. Arsène Vehicle Models
The Arsène vehicle is available in three distinct models:
- Arsène 45 : electric vehicle limited to 45 km/h, intended to be homologated in the L6e category (light motor quadricycle).
- Pre-order amount: €590 (incl. VAT).
- Arsène 80 : electric vehicle limited to 80 km/h, intended to be homologated in the L7e category (heavy motor quadricycle). Pre-order amount: €590 (incl. VAT).
- Arsène Sport : electric vehicle limited to 90 km/h, intended to be homologated in the L7e category. Pre-order amount: €590 (incl. VAT).
The technical specifications, design, and equipment of the vehicle may evolve until finalization and homologation.
The visuals, descriptions, and information provided to the customer are for indicative purposes only and are not contractually binding.
4. Pre-order Terms and Conditions
The pre-order allows the customer to reserve a priority position for the purchase of an Arsène vehicle, regardless of the version they choose when the pre-order is converted into a firm order.
The amount corresponding to the pre-order (see Article 3) is paid at the time the pre-order is placed.
An acknowledgment of receipt will be issued once the pre-order is placed.
The final choice of the version, options, and finishes will be made when the pre-order is converted into a firm order.
5. Nature of the Payment – Deposit with Escrow Fees
The amount paid at the time of the pre-order constitutes a deposit within the meaning of Article L.214-1 of the French Consumer Code.
As a general rule :
- in the event of withdrawal by the customer, the deposit shall be retained by the seller,
- in the event of cancellation by the seller, the seller shall refund the customer double the amount of the deposit paid.
However, by express derogation and as a commercial gesture, the seller agrees to refund the deposit paid by the customer in the event of withdrawal, subject to the retention of escrow fees equivalent to 5% of the pre-order amount.
6. Delivery Time and Availability
Delivery of the vehicle is expected from March 2027, i.e. approximately eighteen (18) months after the pre-order.
This timeframe is indicative and may be extended in the event of delays related to development, homologation, or unforeseen circumstances.
The seller undertakes to keep the customer regularly informed of the progress of the project.
7. Final Price
The final price of the Arsène vehicle will be communicated prior to its commercialization. The pre-order amount will be deducted from the final price.
At the time of commercialization, the Seller will offer the Customer the opportunity to convert their pre-order into a firm order, according to their position in the reservation order established by the pre-order. The Customer will then have a period of 30 days to confirm the firm order. Failure to respond within the allotted time or refusal by the Customer to purchase the vehicle at the announced price shall both be considered as withdrawal, and the provisions of Article 5 shall apply.
8. Right of withdrawal
In accordance with Article L.221-18 of the French Consumer Code, the consumer has a period of fourteen (14) calendar days from the date of the pre-order to exercise their right of withdrawal.
In the event of withdrawal within this period, the pre-order amount shall be fully refunded, without any escrow fees.
Beyond this period, Article 5 shall apply.
9. Cancellation by the Seller and Conditions Precedent
The final validity of the pre-order of the Arsène vehicle is expressly subject to the fulfillment of the following conditions precedent:
- Obtaining regulatory approval
The Arsène vehicle must obtain regulatory approval in the L6e and/or L7e categories, depending on the selected model. - Achievement of a minimum pre-order threshold
Series production of the vehicle is conditional upon the receipt of at least 50 firm pre-orders before March 31, 2027. - Securing the necessary financing
Commercialization is conditional upon the Seller securing the financing necessary for industrial production. - Supply of critical components
Commercialization is conditional upon the effective and sustainable supply of essential components (traction batteries, electric motors). - Obtaining the required insurance coverage
Commercialization is conditional upon the Seller obtaining product liability insurance in compliance with applicable regulatory requirements.
Consequences
If one or more of these conditions precedent are not fulfilled within a period of 18 months from the date of the pre-order, the pre-order shall be automatically cancelled, without compensation or penalty for either party.
In such case, the Seller shall refund the deposit in full, without any deduction and without the application of the double deposit rule or any additional compensation.
10. Liability
The Seller shall not be held liable for any delays related to development, administrative homologation procedures, or any case of force majeure within the meaning of Article 1218 of the French Civil Code.
In any event, the Seller’s liability shall be limited to the amount paid by the customer in respect of the pre-order.
11. Personal Data
The data collected as part of the pre-order process are necessary for its management and are processed in accordance with the General Data Protection Regulation (GDPR).
The customer has the right to access, rectify, and delete their data by contacting contact@arsene-manufacture.com.
12. Applicable law and jurisdiction
These General Terms and Conditions of Sale are governed by French law.
In the event of a dispute, the customer may have recourse, free of charge, to a consumer mediator. Failing an amicable resolution, the competent courts shall be those within the jurisdiction of the Seller’s registered office.