Terms and Conditions – Professional Automotive Customer
These general conditions shall be applicable to Bidders who are Professionals in the Automotive industry:
Professionals in the Automotive industry shall be considered as professionals notably undertaking the primary activity of trade, repair, demolition, import and export of automobiles and vehicles whether industrial or who use industrial vehicles in their commercial activities (hauliers, etc.).
Any bidder and buyer shall have a right to access and modify any personal data appearing on the site. Computerised files pertaining to individuals shall be declared to the French data protection agency (CNIL) in accordance with legislation in force.
BCAuto Enchères, a Voluntary Bidding Sales Company for second-hand vehicles (registration no. 2002-294) has the objective of organising and undertaking sales of second-hand vehicles through auctions in a hall or via internet. In this regard, BCAuto Enchères has a mandate for sale issued by the selling owner so as to organise the sale of used car which is undertaken by allocation to the lowest bidder.
Vehicles are put up for sale in current condition and with all original copies of administrative documentation (car registration document, etc.). In the majority of instances, the issue of said documentation shall be undertaken upon handover of the vehicle to be allocated, and in certain instances, these documents shall be issued by post to the address of the allocator within a period of 15 days.
Vehicles are displayed prior to sales in the BCAuto Enchères parking bays and this allows visitors to view the condition and characteristics of the lots up for auction. Photographs appearing on the website and vehicle descriptions, even during bidding prior to each sale, shall be considered as constituting an advert which shall meet legal restrictions in force.
Liability and Warranty:
BCAuto Enchères has an obligation of means and its liability shall be limited to the scope of its activities, namely organisation and coordination of auctions of second-hand vehicles.
In its capacity as an organiser of auctions, BCAuto Enchères may under no circumstances whatsoever be held liable for any potential obligations over the seller of the vehicles which are put up for auction. Each bid lodged and tender shall be definitive and no complaint shall be permitted once the tender is declared. Sale is undertaken without warranty at the full risk and perils of the buyer.
Each act of registration shall result in these presents being applicable to all bidders and buyers.
Any professional in the automobile sector wishing to participate in sales by bidding organised by BCAuto Enchères should first undertake registration by submitting the following documents:
Vehicles shall be proposed at auctions, with the party providing the best bid being declared by the auctioneer, by raising a hand during the sale in the hall or by clicking on the highest bid using Live Online or during an Internet sale at the end of the bidding period, shall become the buyer, namely the owner of the vehicle. Transfer of risks to the buyer shall be undertaken upon tender; however, handover of the vehicle to the buyer shall be undertaken following complete payment of sales amounts.
Each bid placed and each tender shall be definitive and no complaint shall be permitted once tender is declared. In the event of cancellation of the bid made by the buyer, the latter shall immediately face closure of his/her account. Moreover, article L.321-14 of the Commercial Code makes due provision that in the event of failure to make payment, goods shall be returned for sale and the buyer shall be bound to bear the differences in price in addition to cancellation fees.
Regarding online sales:
BCAUTO ENCHÈRES solely puts second-hand vehicles up for sale on its bidding site at www.bcautoencheres.fr.
BCAUTO ENCHÈRES hereby reserves the right to withdraw any vehicle from sale following the beginning of bidding which may be subject to dispute.
Descriptions and reproductions appearing on the website shall belong to BCAUTO ENCHÈRES and may not be reproduced for any commercial purposes without the express authorisation of the owner thereof or the legal heirs of the latter.
In order to receive access codes for our website and purchase vehicles, internet users should be registered with BCAuto Enchères.
If registration is accepted, BCAuto Enchères shall issue to the internet user a personal and confidential code, by email, within a period of 48 hours. This confidential code will allow bids to be placed. Only the registered internet user shall have the possibility of placing one or more bids. Disclosure of this code to any third party shall commit the liability of the internet user for whom said personal and confidential code is intended.
The Bidder, even when acting as an intermediary, shall be expected to act on his/her own behalf and under his/her own liability.
Official time of tender shall be French time which shall be affixed to the vehicle information form. Attention of users is drawn to the fact that the display of bids on the screen may be delayed in relation to actual time, depending upon the computer setup of the internet users.
BCAuto Enchères hereby reserves the right to refuse any bid which appears suspect, for any reason whatsoever.
The Seller shall be prohibited from placing bids on a lot belonging to the latter.
There shall be no right to a cooling off period for bids undertaken electronically from a remote location.
3) Payment for vehicles
Following the sale, the buyer shall receive an invoice by email.
Full amount of the tender should then be paid increased by sales fees, within a period of 5 working days following the sale if the buyer is in France and 6 working days if outside of France.
Sales fees are defined under Appendix 1 following the Terms and Conditions. BCAuto Enchères may be led to review sales fees which shall be modified under Appendix 1 and can be consulted at any time on the BCAuto Enchères website.
We only accept payment by bank transfer.
Once payment is undertaken, original copies of administrative documents (car registration document, etc.) shall be handed over with the vehicle. However in some circumstances, a period of 15 days shall be necessary to obtain said documents. Administrative documents shall in such instances be sent by post to the address indicated by the buyer.
4) Collect vehicles
Removal of vehicles shall be undertaken at the risks and perils of the buyer, under his/her own liability, notably concerning obligations of insurance and respect of the Highway Code.
The maximum period for collecting a vehicle shall be 10 days following the date of sale. Beyond this period, parking and insurance fees shall be invoiced per day in accordance with the amount indicated in Appendix 1 (BCAuto Enchères may be led to review the daily invoiced amount).
The collect of vehicles may only take place following payment of all amounts owing.
5) Specific case: Damaged Vehicles (driving / non driving)
Access to sales of damaged vehicles shall be reserved for professionals in the automotive industry undertaking demolition, scrappage or repair activities.
During our sales of damaged vehicles, certain vehicles shall be object of a VE procedure (in French in the text, VE Véhicule Endommagé = Damaged vehicles) or a VEI procedure (=WO - Write-Off procedure).
Vehicles object to these procedures may only be re-registered in France following validation of repairs by an approved expert.
6) Applicable law and jurisdiction
In the event of any dispute, solely French law shall be applicable and the Créteil Commercial Tribunal shall have sole jurisdiction.
Price of tender shall be inclusive of tax.
VAT cannot be reclaimed on certain vehicles.
In the event of a vehicle being sold without VAT and in accordance with article 297 A I of the General Tax Code, VAT shall be added to the sales price without this being reclaimed by the buyer (VAT margin).
Sales fees shall differ depending upon whether sales are physical auctions or online sales.
a) Physical auction (including purchases on Live Online)
Depending on the volume purchased, BCAuto Enchères shall grant privileged conditions for Sales fees.
Conditions for accessing these categories shall be as follows:
· Silver : Between €0 and €50,000 including taxes of purchases within the previous three months
· Gold : In excess of €50,000 including taxes of purchases within the previous three months
Fees as a % of the tender price
7% excl. tax
6% excl. tax
€410 excl. tax
€390 excl. tax
€700 excl. tax
€600 excl. tax
A lump sum amount of €25 excl. Tax shall be applicable to any vehicle purchased using Live Online.
b) Online sales (100% Live Online)
Sales fees applied to online sales shall be 2.4% excl. tax of the tender price inclusive of tax with a minimum of €390 excl. Tax (Please note that the minimum is 240 HT for auctions Starting Price 50€).
An amount of €25 excl. Tax shall be applicable to any vehicle purchased using Live Online.
Administration fees of €40 excl. tax per vehicle shall be applied to all vehicles intended for export.
Parking and insurance fees
The maximum period for collecting a vehicle shall be 10 days following the date of sale. Beyond this period, parking and insurance fees shall be invoiced at a rate of €8.36 excl. tax (€10 incl. tax) per additional day.