Condițiile generale de vânzare VPauto

VPAUTO SAS

Voluntary Vehicle Sales
Registered office: 277 Rue de Kerpont - ZI de Kerpont 56855 CAUDAN CEDEX
Tel: 02.97.76.82.82 - Fax: 02.97.81.37.60
Capital of 2,000,000 Euros-Approval: 2002.190 - Intracommunity N°: FR 66442496170

general terms and conditions to automotive professional

scope

General Terms & Conditions (GTC) described below detail the rights and obligations of the auction sales company named VPAuto SAS (hereinafter called "VPAuto") and the client as specified in the purchase order (hereinafter called "the Buyer"). Their purpose is for voluntary online auction of used motor vehicles (hereinafter "the Vehicle") for automotive professionals (exporters, dealers, distributors, agents, brokers) via the VPAuto website. Any action performed by the Buyer implies the unconditional acceptance of the present General Terms & Conditions.

VPAuto SAS acting as agent between the Owner of the vehicle (hereinafter called "the Owner") and the Buyer and is not party to the sale, it would only binding the Owner and the Buyer.

acces conditions to sales dedicated to profesionals

Access to online sales on the VPAuto website for automotive professionals is open to any legal person who provided the information requested in the registration with:
- A valid VAT number.
- Company registration document
- ID of the owner
- IBAN Bank account

VPAuto reserves the right to refuse access to a Buyer without justification or to set other special conditions for the approval of a Buyer.

The automotive professional Buyer obtains access and a password in order to purchase vehicles online. Buyer agrees not to disclose the passwords and codes to other third parties. Buyer is responsible for its access codes and agrees to accept the consequences of actions carried with them on the website.

Access to the website and services are provided on the basis of a service "as is" and accessible according to availability.

selling fees

Selling fees and administration fee in the amount of 80€ excluding VAT (2017 value can be changed at any time) are included in the displayed price: The price at the auction is a tax default price, VAT at the current rate applicable at the time the offer is made by the Buyer, including without limitation all applicable taxes, excluding:
- Any costs of transportation, security, bank charges.
- Administrative Export fees in the case of vehicles to be exported out of France in the amount of 35 € HT (2017 value can be changed at any time)

validation of general terms and conditions

Any registration on the vpauto.fr/pro website indicates that the Buyer has become fully aware and expressly and unconditionally adheres to these Terms and Conditions of Sale.

vehicles description

The proposed vehicles are all subject to a technical assessment in various forms: Inspection Report, Expert Review or MOT:

- The “Inspection Report" is an operation carried out by independent assessment companies, in static mode, with the engine running. It takes into account car body defects but does not include electrical or mechanical organs, unless otherwise indicated.

- "Expert Review" is an operation carried out by independent and qualified technical inspectors, in static and dynamic mode and takes into account the mechanical and body condition defects.

- The MOT is an operation carried out by independent and qualified technical inspectors, according to the requirements of the statutory MOT regulations in France.

During the presentation of the vehicle on the VPAuto website, the type of technical assessment accompanying the vehicle is clearly indicated.

The specifications of the Expert Review and Inspection Report, and a comprehensive list of items not covered in the context of inspection are available to Buyers upon request to VPAuto.

The version is a trade name which is given as an indication. This does not guarantee the completeness of the equipment. The list of equipment is indicated in the description of the vehicle.

quotation

The ratings shown are presented indicative securities and may not be challenged by the Buyer.

For vehicles aged one year or more, the quotations displayed are gross pro rata temporis and mileage quotations takes into account the vehicle's mileage. For vehicles less than a year, the quotations displayed follow the rules of depreciation acknowledged by automotive experts.

Derivatives Fiscal vehicles supplied with mounted rear seats or not and a certificate of compliance are presented as regular passengers cars.

offer

Offers are laid all selling fee included and can be expressed VAT included or excluded.
In the case where price offered is higher than the reserve price of the vehicle, it is awarded at the end of the auction session. In the case where the proposed price is lower than the reserve price, the offer by the Buyer must be approved by the Owner, and the vehicle can be awarded to him within 24 hours after the close of the sale session.
Each offer is made as unit; in any case of multiple offers do not constitute a principle of bulk sales.

auction sale - transfer of ownership

When the Owner accepts the offer, VPAuto inform the Buyer by email confirming the auction sale. From this Confirmation Email sent, the invoice of the vehicle is available in the customer area under the heading "my orders" within 48 hours.

As of the issuance of this email by VPAuto, the contract of sale is concluded. The time allotment is Paris time which is displayed on the Confirmation Email. The award entails the completion of the transfer of ownership right of the Owner to the Buyer. Therefore, the vehicle is under the responsibility of the Buyer. Responsibility for insurance is up to the Buyer from the auction sale.

The transfer of ownership is subject to full payment by the Buyer, and if any other optional charges. Once the award is issued, no changes can be made. The profit from the sale is personal and cannot be transferred to a third party without the prior express consent of VPAuto.

payment

The payment of the vehicle must only be carried out within 48 hours by bank transfer to the bank account of the Buyer, as indicated on the invoice issued by VPAuto.

In case of late payment, VPAuto may suspend all pending orders for the same Buyer, without prejudice to any other action. In addition, recovery costs of a lump sum of 35 € HT will be charged.

Any amount not paid within the time limit, may result in the application of penalties in an amount equal to three times the legal interest rate. VPAuto also reserves the right to charge a parking fee, at a daily rate of 10 euros excluding VAT per vehicle (value 2018 that can be changed at any time) in case of late payment and / or late removal of vehicle(s).

In case of non-payment in full of the purchase price of a vehicle and the applicable fees, the sale may be cancelled by VPAuto, without prejudice to any other liquidated damages that may be claimed by VPAuto to the Buyer. As a sanction, VPAuto will refuse all access to the Website to Buyer and a cancellation fee equal to 5% of the selling price with a minimum of 200 € excluding VAT par vehicle will be charged.

Buyer expressly prohibited from conducting any administrative formality of registration, as the sale price and additional charges have not been paid in full to VPAuto. VPAuto then forward to the Buyer the corresponding invoice, the registration document of the vehicle barred, signed and stamped, a certificate of sale, allowing it to proceed with the registration of his vehicle.

removal

After receipt of full settlement of the vehicle, VPAuto will send to the Buyer within 7 business days, a removal form by email (except on certain sales for which the deadline may be 15 working days). This official removal document is mandatory for all storage parks and contains the procedures for removal of vehicles, which are specific to each storage park.

Any carrier or person carrying out the removal must comply with the terms of removal indicated on the removal order and particularly to contact the storage park to validate the presence of the vehicle and schedule the date of removal.

VPauto will not be held responsible for costs incurred by the buyer in case of unavailability of the vehicle if the storage park has not been contacted by the buyer within the time specified in the removal order.

Any carrier or person presenting himself without removal order and / or without the proper equipment to remove crashed vehicles will be denied of the removal of the vehicle. VPauto cannot be held responsible for any damage during the removal. Without a removal form, no vehicle removal will be possible.

Once the vehicle's removal form has been sent to the Buyer, it must be removed within 10 business days to the address listed on the removal order. After this period, a parking fee at a daily rate of 10 euros excluding vat per vehicle (value 2018 that can be changed at any time) will be charged to the Buyer.

V.A.T.

On the details of vehicles include the VAT statement:

"YES": VAT at the current rate is included in the price. An invoice stating the T.V.A will be issued.

"NO": it will not be issued any document showing VAT.

export eec - outside  eec- purchase free of duty
additional fee € 35 plus vat per vehicle

VPauto will not issue a statement or certificate on the origin of the vehicle or vehicles intended for export.
Documents justifying the export of the vehicle or vehicles must be submitted to VPauto within a maximum of 90 days after the date of sale.
After this period, the sale will be deemed to be "made in France" and the VAT bond, if any, will be paid to the French tax authorities.

intracommunity delivery

If the Buyer is an automotive professional domiciled outside France and in the European Union, it will provide TO VPAuto before buying his valid VAT number, all fiscal and administrative documents justifying the existence of his company and a copy of his ID.
No removal by road will be accepted.
Only transportation carrier issuing the RMC will be allowed. The car registration document will be sent to the Buyer after receipt of the RMC "recipient" copy with signature, date and company stamp of the Buyer.

export outside EEC

If the Buyer is an automotive professional domiciled outside France and outside the European Union, it will provide to VPAuto before buying all fiscal and administrative documents proving the existence of the company and a copy of his ID.
The Buyer shall provide, prior to purchase, within ten days from the date of taking possession of the vehicle waybill to the country of destination and copy 3 of the SAD (EXA) (or its electronic equivalent) referred by the competent office or the electronic equivalent recorded by the customs office.
VPAuto will retain, as a security deposit, an amount equivalent to the amount of VAT until Buyer performs all obligations mentioned in this article.

purchase free of vat

If the Buyer is an automotive professional domiciled in France, it will provide to VPAuto before buying all fiscal and administrative documents proving the existence of the company, a copy of his identity card, his VAT number and the annual certificate "quota-free shopping" issued by the tax authorities.
The car registration document will be issued upon receipt of the individual exemption certificate for each vehicle established by the buyer.

buyer obligations

Buyer agrees to pay the price determined on the auction within 48 hours.

Buyer agrees to take delivery of the vehicle within 10 working days from the date of availability appearing on the removal order. After this period, storage costs at a daily rate of 5 euros excluding vat per vehicle (value 2017 that can be changed at any time) will be charged to the Buyer.

Once the auction, the vehicle is under the Buyer responsibility. Buyer agrees to insure the vehicle against the all risks of loss or damage by accident or otherwise, by a suitable insurance until full transfer of ownership and risks and to justify this insurance at first request of VPAuto.

vpauto obligations

VPAuto has an obligation of means and its accountability is restricted to its activity, meaning, the organization of sales of used vehicles auctions.

As auctions organizer, VPAuto can, under no circumstances, be held responsible for any obligations on the owner of the vehicles it has auctioned. Each bid placed and each auction shall be final and no claim is accepted once the adjudication is pronounced. The sale is made without warranty at own risk and peril of the successful purchaser.

Administrative and technical documents of the vehicle: VPAuto undertakes to provide to the Purchaser administrative documents related to the vehicle, which are essential for the normal use of it (registration document). Certificates for refrigeration unit and isotherm products are excluded from administrative records provided by VPauto.

claim

The Buyer or his representative (agent or carrier) is required to check the vehicle before its removal and to verify the vehicle compliance with the description given on the VPAuto website.

Eventual reservations on damages or defects on the vehicle must be recorded on the proper delivery note or waybill (CMR) before removing it. Otherwise, the buyer is deemed to have accepted the vehicle without reservation, in the state where it is and is not be entitled to any right to claim on the vehicle.

Any removals by road implies the unconditional acceptance of the vehicle by the buyer without any right to claim.

In case of reservations made on the proper delivery note or waybill (CMR), the buyer has 48 hours (two working days) after removal of the vehicle to send his claim to VPAuto SAS.

Claims meeting the above criteria will be taken into account the following conditions:
- Anomalies related to items not previously mentioned by VPauto on the description of the vehicle and / or the technical assessment of the vehicle.
- If there is no difference between the mileage odometer readings attested by providing a picture of the odometer and that indicated on the invoice or documents accessible during the vehicle sale.
- Eventual damages or defects must be recorded on the proper output doc or waybill (CMR) by the head of the park where the vehicle is stored before removing it.

VPauto will not accept any claim in the following cases:
- On vehicles proposed on sales "Véhicules accidentés/Damaged vehicles" or "Non Roulant/out of order" or “Mini-Prix (Mini Budget)" or "Petits-Prix (Budget)" are sold as is, without any control or assessment.
- On claims concerning the mechanical parts for all vehicles:
-- Above 160 000 kms.
-- Above 8 years old.
- If repairs have been undertaken on the vehicle by the Buyer without prior consent of VPAuto.
- On vehicles stored on VPauto compounds and benefiting from an Expert assessment or MOT, mechanical problems will not be considered.

VPAuto acts as an intermediary between the owner and the buyer and is not bound to any guarantee to the buyer.

The Owner judge the decision to be given to the claim. For each case the Owner can decide, on its own, to the recovery of a vehicle and its repayment, or offer financial arrangement.

In case of hidden defect duly acknowledged by experts, the Owner will be considered solely responsible. VPAuto will make its best efforts to find a solution between the parties.

In any case financial participation on a claim may not exceed 30% of the purchase price by the purchaser.

The shipping fees to return a canceled vehicle will be at the sole expense of the Buyer.

termination of contract

The auctions are excluded from the right of withdrawal.

If VPAuto not provides the vehicle within 30 days, the Buyer may terminate the sale by registered letter with acknowledgment of receipt. However, Buyer cannot avail themselves of this right of termination if the availability delay is due to a force majeure.

Such termination will result in restitution from VPAuto the payment by the Buyer.

miscellaneous - jurisdiction

Mechanical warranty
VPauto has partnered with Car Protection Services (CPS) to guarantee the vehicles sold on physical auction center in Lorient / Nantes / Rouen.

As of June 2015 the 1st, all vehicles less than 6 years and less than 150,000 km, (with the exception of mopeds, materials, damaged vehicles, vehicles identified as excluded from the guarantee and vehicles for export), benefits from a PREMIUM warranty included three months.

All Vehicles sold for export are excluded.

For automotive professionals, used cars traders, the warranty is open for the final individual customer. The guarantee may be delayed onset, within 90 days maximum. Our partner CPS proceeds to the opening of the final contract on behalf of the private individual customer, upon submission by the automotive professional of a sales receipt by the seller (purchase order or invoice on behalf of the private individual customer) sent by email to CPS: gestion@carprotectionservices.com or by fax 01.73.79.18.27. All information available from CPS at 09.70.77.28.59.

The Premium Warranty does not apply to items reported as faulty or missing at the time of sale (the “Bilan Expert”, MOT and comments in the file at the time of sale are authentic). In the absence of recent maintenance record, the customer has the obligation to perform a maintenance operation before completing 1000 km with the vehicle to trigger the guarantee.

Details of guarantee is available on the website of VPAuto, guarantee topic.
In the event that any provision of the Terms and Conditions is held invalid, inapplicable or unenforceable, particularly with regard to warranty disclaimers and liability limitations, the remaining provisions hereof will remain valid, enforceable and binding.

Nevertheless the parties agree that in such a case, they would negotiate in good faith to try to reach a provision replacement consistent with the original intent of the parties.

By express agreement between the parties, this agreement is governed by and subject to French law.

The sale of vehicles through the Website is governed exclusively by the French version of the Terms and Conditions. Other language versions of the Terms of Sale are available for convenience. In case of discrepancies between the French version and other versions of the Terms of Sale, the French version shall prevail.

The Commercial Court of Lorient will have sole jurisdiction for any dispute relating to the validity, interpretation or execution of Conditions and any contract of sale of vehicle.

VPAuto and Buyer expressly exclude the application of the Vienna Convention of 11 April 1980 on the International Sale of Goods.