VPauto general conditions of sale

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 be binding the Owner and the Buyer.

Participation in VPAuto SAS's voluntary auction sales is subject to the Bidder's full, complete and unreserved acceptance of these General Terms and Conditions.

access conditions to sales dedicated to professionals

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 to purchase vehicles online. The Buyer agrees not to disclose the passwords and codes to other third parties. The Buyer is responsible for its access codes and agrees to accept the consequences of actions carried out 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

The sales fees are included in the displayed price.

The price displayed during auctions is a VAT-inclusive price by default, based on the applicable VAT rate at the time the offer is made by the Buyer. It includes all applicable taxes, excluding any potential transport costs, storage fees, banking charges, and administrative fees.

Administration fees

For public sales, administrative fees are charged in addition to the displayed price.

For online sales reserved for automotive professionals, administrative fees are included in the displayed price.

The amount of administrative fees depends on the type of vehicle:

vehicles description

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

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 consider 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 passenger cars.

offer

Offers are laid all selling fee included and can be expressed VAT included or excluded.
In the case where the offered price 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 a unit; multiple offers do not constitute a principle of bulk sales.

auction sale - transfer of ownership

When the Seller accepts the offer, VPAuto informs the Buyer by email of the confirmation of the adjudication with details, and attaches the pro forma invoice to this message. From the moment this email is sent by VPAuto, the sales contract is concluded. The time of adjudication is Paris time, which is displayed in the confirmation email. The adjudication results in the automatic transfer of ownership from the Seller to the Buyer. From that moment on, the vehicle becomes the responsibility of the Buyer. The Buyer is responsible for insuring the vehicle from the moment of adjudication.

The delivery of the item to the Buyer is subject to full payment of the price by the Buyer, including any applicable additional fees. Once the adjudication is pronounced, no modifications can be made.

The benefit of the sale is personal and cannot be transferred to a third party without the prior express consent of the Seller.

Right of withdrawal

As stated in Article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts concluded during a public auction.

This applies both to voluntary sales of goods at public auctions held in a physical location and to voluntary sales of goods at public auctions conducted remotely via electronic means.

Vehicle registration formalities

The Buyer expressly agrees not to carry out any vehicle registration formalities, whether at the prefecture or online, until the full sale price and additional fees have been paid to VPAuto. VPAuto will then send the Buyer the purchase invoice, the stamped, crossed-out, and signed Vehicle Registration Certificate (carte grise), and the corresponding certificate of sale, allowing the Buyer to register the vehicle.

payment

All payments must be made by bank transfer, exclusively from the buyer’s bank account as indicated on the invoice issued by VPAuto.

Payment must be made no later than 2 business days after the invoice is sent.

In case of late payment of the vehicle:

If the full sale price of a vehicle and the applicable fees are not paid, the sale may be canceled by VPAuto, without prejudice to any other damages that may be claimed by VPAuto from the Buyer.

VPauto will deny the Buyer any access to the Website and will charge a fixed cancellation fee equal to 5% of the adjudication price, with a minimum of €200 excl. VAT per 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 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 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 21 business days to the address listed on the removal order. After this period, a parking fee at a daily rate of 12.5 euros excluding VAT per vehicle (value 2018 that can be changed at any time) will be charged to the Buyer.

In the event of collection by road, the Buyer must present their driving license and insurance certificate. The custody of the vehicle does not in any way engage the responsibility of VPauto. It is reminded here that the successful bidder must ensure the vehicle as soon as the award is made.

Reminder: Self-propelled road collections are carried out under the full responsibility of the Buyer.

Specific rules for vehicles to be removed from third-party storage sites:
The removal slips contain the procedures that were communicated to VPauto.

It is the buyer’s responsibility to contact the third-party sites as soon as possible to find out the exact conditions of removal, storage, and any applicable fees.

VPauto cannot, under any circumstances, be held responsible for such potential fees.

V.A.T.

On the details of vehicles include the VAT statement:

Electric vehicles

For vehicles that may be offered either in public sales or in online sales reserved for automotive professionals:

Excluding vehicles sold without keys, damaged vehicles, hybrid vehicles, vehicles without a license, or two- or three-wheeled vehicles, these vehicles are sold with a “AVILOO Flash Test” battery health certificate (https://aviloo.com/en/).

If the vehicle is not covered by AVILOO (see https://aviloo.com/en/vehicle-coverage), it will be sold with a “My Battery Health” report (https://www.mybatteryhealth.com/).

The contents of the “AVILOO Flash Test” and “My Battery Health” reports are provided for information purposes only, remain the responsibility of their issuers, and do not engage the liability of VPauto in any way.

Vehicles sold with a battery health certificate will be made available with a minimum battery charge of 80%, unless declared non-running.

For vehicles offered exclusively in online sales reserved for automotive professionals:

These vehicles are sold without a battery health certificate, unless such a certificate has been provided to VPauto by their owners. In that case, VPauto will share the certificate for information purposes only, without assuming any liability.

These vehicles are sold without any guarantee of minimum battery charge.

Vehicles of import origin

These vehicles are not registered in France when they go on sale and are sold with a certificate of conformity (COC) and their original registration certificate.

These vehicles cannot be removed by road pick up without prior registration with the National Agency for Secured Titles (ANTS).

The following documents will be required to obtain a certificate of registration:

VPAuto offers an import vehicle registration service, for the price of €140 including VAT, excluding the cost of the registration certificate and any technical inspection costs and repair costs necessary to obtain a favourable technical inspection report.

This service is mandatory for any vehicle for which the Buyer wishes to take delivery by road pick-up.

The estimated time to send the new registration certificate is 48 hours after submission of the complete file to the ANTS by VPAuto. The submission of the complete file to the ANTS is conditional on the full payment of the vehicle and the associated fees.

Delivery within the European Union (excluding France), export outside the European Union, tax-exempt purchase

In accordance with European regulations, each vehicle intended for export outside the European Union or for delivery within the European Union (excluding France) will be invoiced excluding VAT, with a deposit equal to the VAT amount required.
Arrival in the destination country must be proven to release this deposit.

For each file you will be asked to provide the following documents:

You have 45 days after the sale to provide us with the documents listed above.
After verifying their compliance, VPauto will reimburse you for the VAT deposit by transfer to your bank account within 72 working hours.
If all the documents are not received and/or if one of these documents proves to be non-compliant within the allotted time frame, VPauto will then be forced to modify the invoice for the vehicle including VAT, the VAT deposit will not be refunded to you. You will then receive this amended invoice.
VPauto will not issue a certificate or certificate on the community or non-community origin of the vehicle(s) intended for export.
The document(s) proving the export outside the European Union or the delivery within the European Union (excluding France) of the vehicle(s) must be submitted to VPauto within a maximum of 90 days from the date of sale.
After this period, the sale will be deemed to have been made in France and the VAT deposit, if applicable, will be paid to the French tax administration.

Delivery within the European Union (excluding France)

ADDITIONAL FEE €35 PLUS VAT PER VEHICLE

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.
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 EU

ADDITIONAL FEE €100 PLUS VAT PER VEHICLE

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

ADDITIONAL FEE €35 PLUS VAT PER VEHICLE

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

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

The Buyer agrees to take delivery of the vehicle within 21 working days from the date of availability appearing on the removal order. After this period, storage costs at a daily rate of 12.5 euros excluding vat per vehicle (value 2023 that can be changed at any time) will be charged to the Buyer.

Once the auction, the vehicle is under the Buyer responsibility. The Buyer agrees to insure the vehicle against 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 of 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 a 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.

reservations and complaints

vehicles sold exclusively through exclusive or non-exclusive internet sales

These vehicles are sold exclusively in the context of sales from automotive professionals to automotive professionals. These vehicles have been the subject of a cosmetic inspection report, but not a mechanical or electronic inspection. They have not been the subject of an Expert Assessment, a Technical Inspection, or a test drive.

Any reservations or complaints concerning a vehicle sold by VPAuto must be legibly mentioned in writing on the release note, or the waybill/CRM. Failing this, the Successful Bidder is deemed to have accepted the vehicle as it is and is not entitled to assert any claim whatsoever.

Any road pick-up implies the unreserved acceptance of the vehicle by the Buyer without any right to claim.

In the event of reservations on the release note (or waybill/CMR), the Successful Bidder has a maximum period of 7 days and 100 km following the collection of the vehicle (as evidenced by the release note or waybill/CMR), and in any case a maximum period of 30 days after the date of the auction, to assert its claim to VPAuto. Failing this, the Successful Bidder is deemed to have waived the reservations mentioned at the time of collection of the Vehicle.

Any claim submitted to VPAuto by an automotive professional must be submitted via the form accessible by being logged in to the VPAuto website (My Orders / Complaint).

Any claim submitted to VPAuto must be accompanied by supporting documents.

In case of a vehicle request, the supporting documents requested are:

Any additional information requested by VPAuto must be sent so that the reservation or complaint is not dismissed.

VPAuto will not consider reservations and complaints relating to the following categories of vehicles:

VPAuto will not take into account mechanical or electronic reservations and claims and, more generally, will not accept any claims on items outside the scope of the cosmetic inspection.

Ex VGE vehicle:
Buyers are reminded that since the decision of the Court of Cassation (Cass. Civ 1, 30.11.2016, Z 15-27.935) the mention, ex VGE, of a vehicle that has been seriously damaged but which has been repaired according to the rules of the art and under the control of an expert, no longer has to be announced and did not constitute a deception or hidden defect.

vehicles sold in the context of live auctions (live + purchase order)

Any reservations or complaints concerning a vehicle sold by VPAuto must be legibly mentioned in writing on the release note, or the waybill/CRM. Failing this, the Successful Bidder is deemed to have accepted the vehicle as it is and is not entitled to assert any claim whatsoever.

Any road pick-up implies the unreserved acceptance of the vehicle by the Buyer without any right to claim.

In the event of reservations on the release note (or waybill/CMR), the Successful Bidder has a maximum period of 7 days and 100 km following the collection of the vehicle (as evidenced by the release note or waybill/CMR), and in any case a maximum period of 30 days after the date of the auction, to assert its claim to VPAuto. Failing this, the Successful Bidder is deemed to have waived the reservations mentioned at the time of collection of the Vehicle.

Any claim submitted to VPAuto by an automotive professional must be submitted via the form accessible by being logged in to the VPAuto website (My Orders / Complaint).

Any claim submitted to VPAuto must be accompanied by supporting documents.

In case of a vehicle request, the supporting documents requested are:

Any additional information requested by VPAuto must be sent so that the reservation or complaint is not dismissed.

VPAuto will not consider reservations and complaints relating to the following categories of vehicles:

Similarly, VPAuto will not consider reservations and claims relating to the following categories of elements:

In case of an admissible complaint, VPAuto reserves the right to appoint an independent expert to confirm the estimate of the repair costs.

In case of a claim leading to the cancellation of the sale by VPAuto, VPAuto will reimburse the Purchaser solely and exclusively for the amount of the vehicle and the sales and administrative fees paid by the Purchaser, to the exclusion of any other expenses.

The return of the vehicle will remain the sole responsibility of the Contractor.

Ex VGE vehicle:
Buyers are reminded that since the decision of the Court of Cassation (Cass. Civ 1, 30.11.2016, Z 15-27.935) the mention, ex VGE, of a vehicle that has been seriously damaged but which has been repaired according to the rules of the art and under the control of an expert, no longer has to be announced and did not constitute a deception or hidden defect.

termination of contract

The auctions are excluded from the right of withdrawal.

If VPAuto does not provide 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 Cirano to guarantee vehicles presented in physical sales rooms (Lorient, Nantes, Rouen, Lyon, Paris, Bordeaux, Marseille, Lille).

As of June 1, 2015, all vehicles less than 6 years old and less than 150,000 km, benefit from a PREMIUM warranty included for three months, with the exception of:

For automotive professionals, the warranty is open to the end private customer. The triggering of the guarantee can be deferred, within the limit of 90 days maximum. Cirano opens the contract on behalf of the end private customer, upon presentation by the auto professional of proof of sale by the seller (purchase order or invoice in the name of the private customer) to be sent by email to Cirano at [email protected]. All information available from Cirano on 02 79 71 00 30.

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 about 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.

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