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

Selling fees and administration fee in the amount of 125€ excluding VAT (2022 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:

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 Owner accepts the offer, VPAuto informs 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 the event of past due 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 200 € 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 12.5 euros excluding VAT per vehicle (value 2023 that can be changed at any time) in case of past due 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 per vehicle will be charged.

The Buyer is 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 forwards 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 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.

V.A.T.

On the details of vehicles include the VAT statement:

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.

export eu - outside eu - purchase free of duty

In accordance with European regulations, each vehicle intended for export will be invoiced excluding taxes accompanied by a deposit in the amount of VAT.
Arrival in the destination country must be proven to release this deposit.

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

intracommunity delivery

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 €225 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:

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.

JUDICIËLE VERKOPEN SINEQUAE

VERKOOP SUDENCHERES EN EXESUD