Legal Document

General Terms & Conditions
Homologation Service

Version 2.0 — Effective 12 February 2025. These GTC govern all homologation mandates accepted by Toprank Europe SAS.

Article 1 — Provider Identity

These General Terms and Conditions (“GTC”) govern the homologation mandate service provided by:

TOPRANK EUROPE SAS
32 allée de la Robertsau, 67000 Strasbourg, France
SIRET: 981 664 568 00012 — VAT: FR93981664568
Email: info@toprankeurope.com
Tel: +33 7 89 33 23 27

These GTC apply to any natural or legal person (“Client”) who entrusts Toprank Europe with the management of a vehicle homologation procedure in France or Germany. By signing or accepting a mandate, the Client acknowledges having read and accepted these terms in their entirety.

Article 2 — Scope of Services

Toprank Europe offers a vehicle homologation mandate service covering the administrative and technical steps required to obtain French or German road registration for vehicles originally type-approved outside the EU (primarily Japan-spec vehicles) or for EU-type vehicles re-imported from Japan.

Covered procedures include: DREAL RTI (Réception à Titre Isolé), UTAC emission equivalence tests, German TÜV Einzelabnahme, EU Certificate of Conformity (COC) procurement, FFVE collection attestation, AVDT (Attestation de Vérification des Données Techniques), and associated administrative formalities with registration authorities (préfecture, Zulassungsstelle).

Article 3 — Obligation of Means

Toprank Europe commits to an obligation of means, not an obligation of results. The granting of homologation approval is the exclusive prerogative of the competent authorities (DREAL, UTAC, TÜV, Zulassungsstelle). Toprank Europe cannot guarantee that homologation will be obtained, regardless of the effort deployed.

Toprank Europe undertakes to carry out the mandate diligently, professionally, and in the best interests of the Client, keeping the Client informed of progress and any obstacles encountered.

Article 4 — Packages and Management Fees

The following management fees apply:

PackagePublic RateToprank Client Rate
JDM Classic — vehicles 30+ years old (FFVE pathway)€ 900 TTC€ 500 TTC
JDM Modern — vehicles under 30 years (TÜV / UTAC pathway)€ 1,600 TTC€ 1,200 TTC
European brand from Japan — COC route€ 1,600 TTC€ 1,200 TTC

The "Toprank client rate" applies exclusively to Clients who purchased the vehicle through Toprank Europe. All other mandates are invoiced at the public rate.

Management fees cover all Toprank Europe coordination, administrative, and consulting work. They do not include external costs (see Article 5).

Article 5 — External Costs

External costs are additional to management fees and are billed at actual cost with no markup. The Client receives invoices and/or receipts for all third-party expenditure. The following list is indicative and non-exhaustive:

  • FFVE attestation fee (~€60)
  • Technical inspection / contrôle technique
  • UTAC emission and technical tests (€600–1,500+ per test session)
  • TÜV Einzelabnahme and associated fees
  • Certificate of Conformity (COC) from manufacturer (varies by brand)
  • German registration (Zulassungsstelle) fees
  • AVDT fee (~€150–200)
  • Temporary/WW registration plates
  • Document translation costs (included in JDM Classic package)
  • Any technical modifications required to pass tests

Transport flat rates (all-in, round trip):

RouteFlat Rate
France ↔ Germany€ 700 TTC
Colmar ↔ UTAC Montlhéry€ 1420 TTC

Article 6 — Post-2006 Vehicles Warning

For vehicles first registered after 1 January 2006, EU emission standards (Euro 4 and subsequent) apply. Most JDM vehicles in this category do not have validated emission reference data recognized by French authorities. As a result, UTAC equivalence tests are typically required, adding €600–1,500+ per test session to external costs. Several test sessions may be necessary.

Toprank Europe draws the Client’s attention to this significant cost risk prior to accepting any mandate for post-2006 vehicles. The Client acknowledges this uncertainty and accepts that management fees remain due even if the vehicle ultimately cannot be homologated due to emission non-compliance.

Article 7 — GVWR and Seat Count

Japanese road vehicles use a GVWR calculation based on 55 kg per passenger. French regulations use 75 kg per passenger. When French authorities (DREAL) recalculate the maximum permitted occupancy against the vehicle’s original GVWR, the number of authorized seats may be reduced. A Japanese 5-seat vehicle may be re-classified as 3 or 4 seats in France.

This consequence is regulatory and cannot be avoided or waived. By accepting these GTC, the Client acknowledges this risk.

Article 8 — Vehicles with Increased Complexity

Certain vehicle types or configurations present increased complexity and/or higher probability of refusal by authorities. These include, without limitation:

  • Vehicles with rare, niche, or low-volume powertrains with no UTAC reference data
  • Left-hand-drive variants of models sold right-hand-drive in the EU
  • High-performance or turbocharged vehicles with emissions significantly above Euro 4 standards
  • Vehicles with extensive factory options that differ from EU-market variants

Toprank Europe will identify these cases during the feasibility assessment and advise accordingly.

Article 9 — Right to Refuse

Toprank Europe reserves the right to refuse any mandate without obligation to justify the refusal, including but not limited to vehicles that:

  • Have had an engine swap or replacement with a non-original unit
  • Are designated as track-only or competition vehicles not approved for road use
  • Have structural modifications affecting safety certification
  • Have undergone right-to-left steering conversion
  • Have a salvage, total-loss, or equivalent title in any jurisdiction

Article 10 — Client Obligations

The Client undertakes to:

  • Provide complete, accurate, and authentic documentation relating to the vehicle
  • Disclose any known modifications, damage history, or irregularities
  • Make the vehicle available for transport or inspection as required
  • Respond promptly to requests for information or documents
  • Pay management fees before procedures begin and external costs as called

The Client is responsible for any delay or additional cost resulting from incomplete, inaccurate, or late documentation.

Article 11 — Payment Terms

Management fees are due in full before Toprank Europe initiates any procedures with authorities or third parties. An invoice is issued upon mandate acceptance.

External costs are called progressively as required: COC payment when ordering, transport payment before vehicle collection, test fees before appointment booking. Each external cost is accompanied by a quote or third-party invoice. Payment is by bank transfer to Toprank Europe’s account. Expenses are not paid directly to third parties by the Client.

Article 12 — Homologation Failure

If homologation procedures are completed and the competent authority issues a refusal, management fees already paid are non-refundable, as they remunerate Toprank Europe’s work and expertise regardless of the outcome.

External costs already paid to third parties (UTAC, TÜV, transport, etc.) are equally non-refundable, as they have been consumed. Toprank Europe will provide all refusal documentation to the Client and discuss available options (appeal, alternative routes, technical modifications).

Article 13 — Cancellation and Refund

Consumers only (B2C): Pursuant to Article L.221-18 of the French Consumer Code, Clients who are natural persons acting outside of a professional capacity have a 14-day right of withdrawal from the date of mandate acceptance, provided no procedures have been initiated.

To exercise this right, the Client must notify Toprank Europe by email at info@toprankeurope.com within 14 days. A full refund will be issued within 14 days of receipt of the withdrawal notice.

If the Client expressly requests that services begin before the 14-day period expires and subsequently exercises the withdrawal right, a flat administrative fee of €150 will be deducted from the refund to cover initiated work.

Once administrative or technical procedures have been initiated with any authority or third party, management fees are non-refundable in full. External costs already disbursed are not refundable.

Professional Clients (B2B) have no right of withdrawal.

Article 14 — Timeframes

All timeframes communicated by Toprank Europe (processing times, appointment availability, authority response times) are purely indicative and carry no contractual value. They may vary based on authority workload, appointment availability, required modifications, COC delivery times, and other factors outside Toprank Europe’s control.

No liability may be sought against Toprank Europe for any delay in obtaining homologation approval.

Article 15 — Limitation of Liability

Toprank Europe’s liability is strictly limited to the management fees effectively received for the mandate in question. Toprank Europe cannot be held liable for any direct or indirect damages including loss of use, loss of profit, costs of alternative transport, or any other consequential harm.

Toprank Europe is not liable for errors or delays attributable to third parties (UTAC, TÜV, DREAL, Zulassungsstelle, transport providers, manufacturers) or to the Client’s failure to provide timely or accurate documentation.

Article 16 — Personal Data Protection

Toprank Europe processes personal data (name, contact details, vehicle information) for the sole purpose of performing the homologation mandate. Data is retained for the duration of the mandate and for a period of 3 years after completion in accordance with applicable legal obligations.

Clients have the right to access, rectify, delete, or restrict processing of their personal data by contacting info@toprankeurope.com. Complaints may be filed with the CNIL (Commission Nationale de l’Informatique et des Libertés).

Article 17 — Consumer Mediation

In the event of a dispute, the Client may contact the following approved consumer mediator free of charge:

FNA MEDIATOR
Mr. Jean Pierre CHEVROT
Tour Kupka B La Défense
16 avenue Hoche, 92800 Puteaux, France
Website: www.fna.fr/mediateur-de-la-fna

This mediation option is available to Consumers (natural persons acting outside a professional capacity) only, within one year of the initial written complaint sent to Toprank Europe.

Article 18 — Governing Law and Jurisdiction

These GTC are governed by French law. Any dispute arising from the interpretation or execution of these GTC, which cannot be resolved amicably or through mediation, will be submitted to the exclusive jurisdiction of the Courts of Strasbourg.

For professional Clients (B2B), this jurisdiction clause applies without restriction. For Consumers (B2C), it applies where permitted by applicable mandatory consumer protection law.

Article 19 — Miscellaneous

If any provision of these GTC is found invalid or unenforceable, the remaining provisions shall continue in full force. Toprank Europe reserves the right to modify these GTC at any time; the version applicable to a mandate is the one in force at the date of mandate acceptance.

Article 20 — Acceptance

By accepting a mandate from Toprank Europe (electronically or in writing), the Client confirms that they have:

  • ☑ Read and accepted these GTC in their entirety
  • ☑ Understood the obligation of means / not results
  • ☑ Understood the specific risks for post-2006 vehicles (Article 6)
  • ☑ Understood the seat reduction risk (Article 7)
  • ☑ Accepted the payment terms (Article 11)

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