Introduction
The home delivery service of your VinFast car (“Home Delivery”) is offered to you by VinFast France, having its registered address at 72 rue du Faubourg Saint-Honoré and registered with the Chamber of Commerce of Paris under number 893 573 535.
When ordering a VinFast car in one of our Showrooms or online via www.vinfastauto.eu/en, you can add and purchase the home delivery option as an additional service. The purpose of these VinFast Home Delivery Terms and Conditions (the “T&C”) is to outline under which terms and conditions your VinFast car will be delivered to an address of your choosing. By purchasing a VinFast car including Home Delivery, you will be deemed to have accepted these T&C.
The T&C are only applicable if you have purchased a VinFast Car in one of our showrooms or online via www.vinfastauto.eu/en and have received a confirmation of your order (the “Vehicle Order”).
For the avoidance of doubt, nothing in these terms shall constitute a product warranty or a contract of insurance.
1. Home Delivery
1.1 The delivery of your VinFast car will take place at the address as mutually agreed upon in the Vehicle Order. The delivery address will be mentioned in the invoice issued to you.
1.2 Under certain conditions we can accept a change of delivery address if this change has been timely communicated with VinFast in each case not later than 2 weeks prior to the scheduled delivery date.
1.3 VinFast reserves the right not to deliver your VinFast car at the agreed address when addresses, places and/or postal codes are not accessible by road for logistical reasons, or in case the location would not allow unloading and hand-over, e.g. for accessibility, parking permission or other reasons outside of our control. Our Vehicle Transporter (the “Transporter”) needs sufficient access to carry out the Home Delivery of your VinFast car. VinFast and you will both have the responsibility to investigate whether Home Delivery at the given address is possible or not. If Home Delivery is not possible, then VinFast will ask you to change the address to a location where it is possible to proceed with Home Delivery.
1.4 The Delivery of your VinFast car will take place on the date and time as agreed when you placed your order (“Delivery Date”). The delivery times as mentioned are indicative. Depending on where your VinFast car is located, delivery times may vary.
1.5 Only the Delivery Date expressly agreed between you and VinFast will be binding. The Delivery Date can only be honored by VinFast under the condition that you have correctly and timely performed your obligations necessary for the transaction, such as making sure that the delivery address is accessible for the Transporter.
2. Home Delivery moment
2.1 If you are not present and cannot be represented to accept the Delivery, you must contact VinFast Customer Service by telephone at least 24 hours before the scheduled Delivery time to reorganize your Delivery at no additional cost. If You need to rearrange a Delivery less than 24 hours before the scheduled Delivery time, you will have to pay a penalty of 250 Euros. This penalty may be reduced or waived if you provide proof that VinFast suffered no damage or that the damage suffered by VinFast was significantly less than the fixed amount indicated above.
2.2 Upon Delivery of your VinFast car, we will ask you to provide the VinFast specialized delivery person with your valid identity document, your driving license, and your proof of address (or any other document proving that you are the author of the Vehicle Order). If the Vehicle is delivered to a third party, the third party must present a power of attorney to this effect signed by you, accompanied by a copy of your identity document (and your proof of address or any other document making it possible to prove that you are the author of the Vehicle Order) and present an identity document at the time of Delivery. We reserve the right not to proceed with Delivery if this identification is not provided or is not correct.
2.3 During Delivery, you will also be asked to confirm to the VinFast specialized delivery person that you have received your VinFast car and that it complies with your Vehicle Order. A compliant delivery certificate will be issued upon Delivery. You must carry out the condition of the Vehicle and note in the compliant delivery certificate, with the specialized delivery person, any imperfection present on Delivery. An imperfection not noted in the certificate of delivery in accordance with the description of the Vehicle provided during Home Delivery or mentioned by our services cannot be the subject of a subsequent complaint, subject of course to the provisions of the Consumer Code or the Civil Code applicable where applicable.
2.4 Ownership of the Car will pass to you if all of the following conditions are met: (i) we have received payment in full of the purchase price (and any other amounts due) in cleared funds; (ii) we have agreed to take back your old car on an exchange as part payment of the purchase price (“Partial Car Exchange”) (if applicable); and (iii) you have accepted the Home Delivery by signing our delivery certificate (in accordance with the section above). Where you have entered into a finance agreement with a third-party finance organization, the finance agreement will define when and if title to the VinFast car will pass to you.
3. Delay in Delivery Date
If VinFast is unable to meet a Delivery Date for reasons beyond its control (in the event of force majeure or due to one of its suppliers), VinFast will inform you immediately indicating a new deadline Delivery. The new delivery date and time will not exceed six weeks after the initial Delivery Date. If delivering your VinFast car also remains impossible within the new delivery period, each party may terminate the contract, in which case VinFast will reimburse you for any sum already paid.
4. Change of VinFast Home Delivery Terms and Conditions
We reserve the right to amend the VinFast free home delivery offer at any time on reasonable notice provided that no such amendment or withdrawal will affect your rights in relation to vehicles already purchased at the time the amendments or withdrawal comes into effect. You may not transfer or assign any or all of your rights or obligations under these terms.
5. Final Provisions
5.1 If we fail to enforce any of our rights, that does not result in a waiver of that right. If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.
5.2 These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the VinFast free home delivery offer. These terms may not be varied except with our express written consent.
5.3 These terms shall be governed by French law.
5.4 You agree that any dispute between you and us regarding these terms will only be dealt with by the courts of Paris. If you are a consumer, this does not apply to the extent that mandatory provisions (e.g. consumer protection legislation) under the law of the place of your residence or habitual residence at the time of conclusion of the contract enter into force and conflict with the application of French law and place of jurisdiction.
Contacting us
Please submit any questions you have about these terms by email to VinFast on the following link, or write to us at: VinFast France Service Client, 72, rue du Faubourg Saint Honoré – 75008 Paris.
