Terms and Conditions - BCAuto Enchères

RECITALS 

BCAuto Enchères, a business corporation (French SA) with capital of €1,000,000, registered on the Créteil Trade and Companies Register under number 442 633 111, having its registered offices at 5 rue Charles de Gaulle in Alfortville (94140), specialises in the organisation, implementation and running of voluntary public auction sales of vehicles, in accordance with the provisions of Articles L. 321-4 et seq. of the French Commercial Code.

BCAuto Enchères thus acts as agent of the Seller Owner of the Vehicle or the representative thereof. BCAuto Enchères is thus not the owner of the Vehicles for which it organises, implements and runs the Public Auction. BCAuto Enchères may not, under any circumstances, be held liable for any obligations incumbent upon the Owner of the Vehicle in its capacity as Seller.

In its capacity as organiser, BCAuto Enchères shall be bound by an obligation to apply due care both vis-à-vis the Seller Owner and the Purchaser as regards the organisation and implementation of Public Auctions and in particular the security of Public Auctions.

IN FURTHERANCE WHEREOF, THE GENERAL TERMS AND CONDITIONS ARE AS FOLLOWS:  

 

1)      Definitions

Purchaser means the highest Bidder, subject to having reached the Reserve Price, acknowledged by the auctioneer of the Auction in which it took part.

Inspection Report means the visual inspection, without any dismantling, of the overall appearance of the engine, mechanical parts and tires, and a dynamic test limited to 300m. The Inspection Report does not include, without limitation, a check of the following parts: Injectors, Turbo, Cylinder Head, Flywheel, Particle Filter, Silent Block, Catalyst, Gear Box, etc. In addition, the dynamic test is limited to 300m, so only the first three gears are used.

General Terms and Conditions means these general conditions of BCAuto Enchères as accepted by the Automotive Professional upon its Registration and upon each connection to the BCAuto Enchères website.

Supplementary Terms and Conditions means the supplementary terms and conditions, departing from the provisions of clause 8 of these General Terms and Conditions, applicable between BCAuto Enchères and the Automotive Professional with respect to the organisation of the Vehicle's transportation.

Bidder means any Automotive Professional who has completed Registration and takes part, using a personal, confidential code, in a Public Auction organised by BCAuto Enchères.

Registration means the registering of an Automotive Professional with BCAuto Enchères for the purposes of taking part in the auctions organised by BCAuto Enchères.

Opening Bid means the starting price of the auction. The Opening Bid is different from the Reserve Price.

Reserve Price means the minimum price set by the Seller Owner, below which the property may not be sold.

Automotive Professional means professionals carrying on, in particular, a regular business of automotive trade, repair, or import-export.

ELV Accredited Professional means Automotive Professionals carrying on a business of used-parts dealing, demolition and crushing. Within the meaning of Articles R543-162 to 164 and 165 of the French Environmental Code, of the decree of 4 February 2011 and of the order of 2 May 2012, this means solely the holders of the ELV accreditation granted by a Prefectorial order and valid for one year authorising the destruction of vehicles.

Seller Owner means the owner of the Vehicle covered by the public auction mandate received by BCAuto Enchères.

Vehicle covers Second-Hand Vehicles, Damaged Car s, Broken-down Vehicles, "Starting Price €50" Vehicles and End-of-Life Vehicles.

Used Car means any passenger motor vehicle that is not in new condition within the meaning of Article 298(e) of the General Tax Code and put on sale by the Seller Owner by means of a mandate given to BCAuto Enchères.

Damaged Car means any damaged motor vehicle, whether or not it is capable of running.

Not-Running Vehicle means any motor vehicle not capable of running, other than Damaged Car s.

Vehicle for parts means any motor vehicle destined for demolition.

Starting Price €50 means any motor vehicle whose opening bid is €50.

Public Auction means the voluntary public auction sales referred to in Articles L. 321-1 et seq. of the French Commercial Code, organised by BCAuto Enchères either in-room or online on the Website www.bcautoencheres.fr.

2)      Purpose of the General Terms and Conditions

The General Terms and Conditions define the conditions pursuant to which BCAuto Enchères organises and conducts the Auctions of Vehicles in-room or on its Website www.bcautoencheres.fr.

These General Terms and Conditions shall supersede and prevail over any other condition or document issued by the Automotive Professional or BCAuto Enchères and concerning the same purpose.

3)      Running of Public Auctions

3.1 - Notice of Public Auctions

Each Auction is preceded by a notice in accordance with regulations in force and defined in clause 6 hereof.

3.2- Access to Auctions - Start of Auctions

Auctions conducted in-room or electronically are only open to Automotive Professionals whose Registration has first been validated by BCAuto Enchères.

BCAuto Enchères reserves the right to deny any non-registered Automotive Professional access to Auctions and to request any additional information or documents before validating its Registration.

BCAuto Enchères also reserves the right to suspend access to Auctions at any time by an Automotive Professional who has not yet provided any additional information or documents.

The Automotive Professional acknowledges being informed that certain Auctions are held only for ELV Accredited Professionals and that, as it does not have such status, it is not authorised to access such Auctions.

The auctioneer appointed for an Auction session opens the Auction session.

An Automotive Professional may take part in an Auction session at any time between the opening of the session by the Auctioneer responsible for the Auctions and the end of the Auction session declared by the Auctioneer.

An Automotive Professional may either submit an absentee bid prior to the start of the Auctions or make a bid in-room or online during the Auction session.

At the start of each Auction session, the General Terms and Conditions in force are unconditionally approved by the Automotive Professional by any means, including electronically. 

3.3 - End of Auctions, Award and Transfer of risks

The auctioneer appointed for the Auction notes the highest and last electronic bid recorded by the computer server and designates the highest Bidder as Purchaser, provided that the Reserve Price is reached.

In the event of an absentee bid in an amount equal to the bid made in-room or online during the Auction session, the Automotive Professional acknowledges being informed that the bid made in-room or online during the Auction session shall always have priority over an absentee bid submitted before the start of the Auction. Where the Reserve Price is reached, the sale is then completed and the Purchaser shall assume all obligations as the professional buyer, in particular the obligation to pay the price as determined by the Auction.

Risks are transferred to the Purchaser upon the award.

When the Reserve Price is not reached, BCAuto Enchères is authorised to purchase the vehicle at this price for the benefit of the Seller Owner.

The auctioneer appointed for an Auction session announces the closure of the Auction session.

3.4 - Title retention

Title to the Vehicle being sold shall only be transferred after full payment of the price to BCAuto Enchères in accordance with Article L 321-14 of the French Commercial Code.

The full payment of the price then results in the delivery of the Vehicle and/or documents to the Purchaser. In any event, the administrative documents shall be delivered by post to the Purchaser's address within 15 days (unless otherwise decided) of payment of the price.

Each bid placed and each award are final and no claim shall be accepted after the award, without prejudice to the provisions of clause 9 hereof.

Pursuant to Article L. 321-14 of the French Commercial Code, if the Purchaser fails to pay for the Vehicle, as duly noted 8 days after receiving and failing to act upon notice given by registered letter with acknowledgment of receipt, the vehicle shall be placed on sale again on the basis of irresponsible bidding. In such a case, any difference in price between the award of the defaulting Purchaser and the price of the second award shall be automatically payable by the defaulting Purchaser.

If the Seller Owner does not put the Vehicle back on sale by BCAuto Enchères within three (3) months of the award, the sale shall be automatically cancelled without prejudice to any damages that may be sought from the defaulting Purchaser. 

Without prejudice to the preceding paragraph, the defaulting Purchaser irrevocably undertakes to pay the cancellation fees and penalties referred to in Appendix 1, without prejudice to any damages payable to compensate for the loss suffered by the Seller Owner.

In case of cancellation of the sale for any reason whatsoever, BCAuto Enchères reserves the right:

-          to temporarily or permanently suspend the account of the Automotive Professional and its access to Auctions,

-          and to apply the principle of legal set-off before returning the price paid.

3.5- Specific features of online Auctions

Auctions organised by BCAuto Enchères on its website www.bcautoencheres.fr only concern Vehicles.

BCAuto Enchères reserves the right to withdraw before and after the start of auctions any Vehicle in respect of which there is a potential or actual claim or dispute.

The Automotive Professional shall be responsible for having compatible technical equipment and hardware enabling it to access online Auctions.

BCAuto Enchères shall in no way be held liable for any malfunction, quality defect or suspension of service. The Automotive Professional shall not be entitled to any compensation in case of any interruption of the website for any reason and duration whatsoever.

BCAuto Enchères shall not, under any circumstances, be liable for any damage that may occur to the technical equipment and hardware of the Automotive Professional as a result of accessing online Auctions.

Electronic access to Auctions is open to any Automotive Professional whose Registration has first been validated.

Upon validation of the Registration, BCAuto Enchères shall send the Automotive Professional a personal and confidential code, by email, within 48 hours. This confidential code enables bids to be placed. Only an Automotive Professional with a valid Registration is authorised to place one or more bids. An Automotive Professional who has been given a personal and confidential code shall be responsible in the event that it discloses this code to a third party.

Even if it acts as an intermediary, an Automotive Professional Bidder is deemed to act for its own account and shall be personally liable.

The display of bids on the screen can be delayed in relation to universal time, depending on the Automotive Professional Bidder’s software configuration.

Notwithstanding the foregoing, BCAuto Enchères reserves the right to refuse any bid which seems doubtful, for any reason whatsoever.

BCAuto Enchères also reserves the right to suspend access to online Auctions, at any time including during an auction session, when the Automotive Professional behaves in an irrational manner.

The Seller Owner is not authorised to bid for a vehicle it owns.

Similarly, the Automotive Professional or ELV Accredited Professional undertakes not to directly contact the Seller Owner, at any time and for any reason whatsoever, without the prior, written, express consent of BCAuto Enchères. Otherwise, the account of the Automotive Professional or ELV Accredited Professional shall be permanently suspended.

As necessary, BCAuto Enchères specifies that public auctions of movable properties by remote electronic means are explicitly excluded from the scope of the right to withdraw (Article L121-21-8 of the French Consumer Code). Consequently, each bid placed and each award is final. A Purchaser who refuses to fulfil its obligations may be subject to a claim for damages and may be immediately and permanently excluded from the Auction website, without prejudice to the penalties and costs provided for in Appendix 1.

4)      Registration

Any registration shall render these General Terms and Conditions enforceable against any Bidder and any Purchaser.

Any Automotive Professional wishing to take part in auctions organised by BCAuto Enchères must first register by submitting the following documents:

  • Excerpt of its entry on the Trade and Companies' Register issued within the last 3 months or written proof of business registration
  • A photocopy of the ID card or passport of the legal representative
  • Valid intercommunity VAT number
  • Any power of attorney given to the bidding person, signed by the legal representative
  • Acceptance of these General Terms and Conditions by means of a signature
  • BCAuto Enchères registration form duly completed.

Any Automotive Professional having status as ELV Accredited Professional shall, in addition to the above-mentioned documents, provide a certified copy of its annual ELV accreditation. The ELV Accredited Professional undertakes to provide its accreditation each year.

Otherwise, its account may be temporarily suspended, pending presentation of the document, or permanently suspended.

In any event, BCAuto Enchères reserves the right, when appropriate, to ask for any further information prior to validating a Registration or after the Registration.

Failing any document requested by BCAuto Enchères, the account of the Automotive Professional may be temporarily suspended, pending presentation of the document, or permanently suspended.

Notwithstanding any duly validated Registration, BCAuto Enchères reserves the right to temporarily or permanently suspend the Registration and related access to Auctions for the following reasons including, but not limited to:

-          Failure to communicate or provide any document requested by BCAuto Enchères,

-          Failure to pay more than 8 days after being given formal notice to this effect,

-          Improper behaviour towards BCAuto Enchères staff,

-          Disclosure of the personal and confidential code to third parties,

-          Proven or suspected fraud, false pretence or any unlawful behaviour,

-          Contact with a Seller Owner,

-          Irrational behaviour.

BCAuto Enchères shall inform the Automotive Professional of the suspension of its account by any means.

5)      Condition of Vehicles

Any Vehicle is offered for sale ‘as is’ with the original administrative documents, i.e.:

  • The registration certificate
  • The certificates of the administrative status issued within the last two months and free of any pledge

A certificate of administrative status shall only reflect the administrative status of a vehicle on the day of its issuance.

It is further specified that companies financing the purchase of a motor vehicle have a period of three months from the first entry into service of said vehicle, within which to register a pledge on the register kept for this purpose by the Prefect's Office (Decree No. 53-968 of 30 September 1953) in order to secure payment of the loan.

Consequently, the Purchaser, acting in its capacity as a professional, is fully informed that a pledge may be registered on a vehicle after the sale.

The Purchaser irrevocably waives all and any action against BCAuto Enchères on this account.

The Vehicles stored at BCAuto Enchères centres undergo a Inspection Report, except for “Starting Price €50” vehicles, Damaged Car s, Broken-down Vehicles, and End-of-Life Vehicles.

Vehicles located outside BCAuto Enchères centres may have other descriptive documents made available by the Seller Owner, without any warranty from BCAuto Enchères.

6)      Notice of Auctions

The display on BCAuto Enchères website, www.bcautoencheres.fr, of the photographs and descriptions of Vehicles, prior to each Auction or even during the course of auctions, is considered notice in compliance with legal requirements. A Inspection Report is carried out on the vehicles stored on BCAuto Enchères sites, by external partners, except for the special cases provided for in clause 5 hereof.

7)      Payment of vehicles

After the sale, the Purchaser shall receive its invoice by email.

It must then pay the amount of the Award, plus any selling costs, by bank transfer within 3 working days of the sale.

The price list applicable to selling costs is the one included as Appendix 1 hereto, in force upon the opening of the auction session.

Once payment has been made, the issue voucher of the Vehicle shall be sent by email.

Administrative documents shall be delivered by post, with acknowledgement of receipt, to the Purchaser’s address within 15 days (unless otherwise stipulated) of the payment of the price.

8)      Pickup of vehicles

Pickup of the Vehicle may only take place after full payment of amounts due.

Under this condition, the Purchaser alone shall assume full responsibility for collecting the Vehicle, at its own risks, particularly as regards its insurance obligations and compliance with the French highway code (Code de la route).

Any carrier or person not having an issue voucher and/or waybill (CMR) and/or the appropriate equipment for loading the Vehicle, especially for Damaged Car s, Broken-down Vehicles, “Starting Price €50” Vehicles and End-of-Life Vehicles, shall be denied access to the Vehicle. BCAuto Enchères may not be held liable for any damage whatsoever, howsoever caused, during pickup.

Vehicle pickup must take place within 10 days of the date of sale. In addition, parking and insurance fees shall be charged per additional day of custody in accordance with the price list in Appendix 1 of the General Terms and Conditions.

In any event, an Automotive Professional failing to collect a Vehicle paid for within one month of receiving and failing to act upon notice given by registered letter with acknowledgment of receipt irrevocably gives BCAuto Enchères power of attorney to put the said Vehicle on sale, without any Reserve Price. In such a case, BCAuto Enchères undertakes to return to the Purchaser who has not picked up the Vehicle, the balance of the price of the auctioned vehicle, minus -by way of legal set-off- the fixed selling, parking, insurance and cancellation costs as defined in Appendix 1, without prejudice to any damages. No Compensation may be claimed by the Purchaser.

Save in case of a force majeure event as defined by French law and case law, the Purchaser may request the cancellation of the sale by registered letter with acknowledgment of receipt where BCAuto Enchères is unable to deliver the Vehicle. In such a case, BCAuto Enchères undertakes to refund the price paid by the Purchaser. No compensation may be claimed by the Purchaser.

You may also instruct BCAuto Enchères to organise delivery of the Vehicle. Such special services require a specific agreement and are governed by Supplementary Terms and Conditions. To do so, you must contact our Delivery service (by email: fr.livraison@bca.com or by phone: +33(0)1.43.99.63.93) for further information on the costs and conditions of such services.

9)      Reservations and Complaints after the Auction

Each bid placed and each award is final and no complaint of any nature shall be accepted after the award.

Any reservations made as regards the Vehicle must be indicated in writing, when picking up the Vehicle, on the issue voucher or waybill.

Otherwise, the Purchaser shall be deemed to have unconditionally accepted the Vehicle and shall not be entitled to make any complaint whatsoever.

If reservations are mentioned on the issue voucher or waybill, the Purchaser shall have a maximum of 48 hours from the pickup of the Vehicle to make its complaint to BCAuto Enchères. If it fails to do so, it shall be deemed to have waived the reservations mentioned at the time of the Vehicle pickup.

Only complaints respecting the above provisions shall be considered, provided:

-          that they concern elements not mentioned by the auctioneer or the description form of the Vehicle or on the Inspection Report or other documents

-          and that a photograph of the mileage counter is provided.

BCAuto Enchères will not take into account any claim regarding mechanical parts for all vehicles over:

-          180 000 km

-          10 years

For vehicles stored in BCAuto Enchères centres and having a Inspection Report, only complaints concerning gross or blatant errors of description shall be considered. In any event, mechanical problems and wearing parts shall not be taken into account. Please note that Technical Report do not serve as a guarantee.

10)   Sales within / outside the EEC

To obtain an invoice excluding VAT (ex-VAT), the Purchaser concerned must use a third-party carrier and a freight forwarder for customers outside the EEC.  An invoice ex-VAT shall only be possible against delivery of a CMR upon pickup.

The third-party carrier must be able to furnish proof of its activity and accreditation.  BCAuto Enchères reserves the right to refuse a CMR.

The Vehicle documents shall be kept until the last original copy of the CMR bearing the stamps of the carrier and of the Purchaser has been recovered.

Without a CMR, the Purchaser must pay for its purchases inclusive of VAT and directly contact the tax authorities of its country to recover the VAT.

If the Purchaser wishes to obtain the Vehicle documents at the time of pickup, it must pay the amount of VAT.  This VAT deposit shall be refunded upon receipt of the proof of export.

11)   Special cases: Damaged Car s, "Starting Price €50" Vehicles, Broken-down Vehicles and End-of-Life Vehicles

Any Vehicle offered for sale as Damaged Car s, "Starting Price €50" Vehicles, Broken-down Vehicles and End-of-Life Vehicles shall be sold ‘as is’, without any Inspection Report.

Access to the sale of ELVs is limited solely to ELV Accredited Professionals.

When selling Damaged Car s, "Starting Price €50" Vehicles and End-of-Life Vehicles, some vehicles are subject to a French VE procedure (for Damaged Car s) or a French VEI procedure (for economically non-repairable vehicles).

Vehicles subject to these procedures can only be re-registered in France after approval of the repairs by an accredited appraiser.

The ELV Accredited Professional undertakes to comply with and warrants BCAuto Enchères that it complies with any legislation or regulation or any applicable environmental standard with respect in particular to the demolition of any vehicle, such that BCAuto Enchères shall not be held liable therefor, on any account.

The ELV Accredited Professional undertakes to immediately provide BCAuto Enchères with any certificate of demolition of a vehicle sold by Auction.

12)   Warranties

The Seller Owner does not give any warranty for any reason or grounds whatsoever. In particular, the warranty against latent defects provided for by Articles 1641 et seq. of the French Civil Code is excluded, as the Seller Owner and Automotive Professional are both professionals in the same speciality within the meaning of French case law.

In its capacity as agent of the Seller Owner, BCAuto Enchères cannot be required to give any warranty concerning the Vehicle sold by auction.

13)   Limitation of Liability

BCAuto Enchères is a company organising voluntary public auctions of movable assets. In this capacity, it is responsible for the security, legality and smooth running of the Auctions it organises, in accordance with Articles L.321-5 and L.321-17 of the French Commercial Code.

In this context, BCAuto Enchères is bound by an obligation to apply due care. In any case, BCAuto Enchères's liability is limited to that of its business as provided for by law, i.e. the security and legality of the organisation and implementation of vehicle auctions.

Outside the above-mentioned legal framework, BCAuto Enchères may not be held liable, in any respect whatsoever, for any direct or consequential property damage, non-pecuniary loss or bodily harm of any kind whatsoever caused to an Automotive Professional as part of a Public Auction on the website www.bcautoenchères.fr.

In accordance with Article L.321-17, the appointed auctioneers acting within the framework of Auctions organised by BCAuto Enchères, shall be jointly and severally liable with BCAuto Enchères for the content of the product catalogue.

14)   Insurance

BCAuto Enchères certifies that it has taken out an insurance policy covering all the actions and missions it performs in the course of its business as organiser of voluntary public auctions of second-hand vehicles.

Any Purchaser warrants BCAuto Enchères that it has taken out all and any insurance policies necessary for its business and more particularly to cover the Vehicles from the award through to their pickup.

15)   Intellectual Property

BCAuto Enchères remains the owner of all of its information, tools, systems, software, documentation, data, databases, trademarks, stories and other Intellectual Property Rights used for the organisation of Public Auctions. Consequently, the descriptions and reproductions featured on the site are the property of BCAuto Enchères and may not be reproduced for commercial purposes without the express consent of BCAuto Enchères.

16)   Law on data protection and civil liberties - Access to personal data

BCAuto Enchères warrants that it complies with its obligations, including those concerning security and confidentiality, under French Law No. 78-17 of 6 January 1978 relative to data protection and civil liberties as amended on 6 August 2004 (law on data protection and civil liberties).

In this respect, and in accordance with the law on data protection and civil liberties, any Bidder and Purchaser has a right to access and modify their personal data featured on the Website. Personal computerized files are declared to the CNIL in accordance with legislation in force.

17)   General provisions, Governing Law and Jurisdiction

The non-validity or unenforceability of any one of the provisions of the General Terms and Conditions shall not affect the remaining provisions hereof.

For any dispute, only French law is applicable and the Commercial Court of Paris shall have exclusive jurisdiction.

APPENDIX 1

Award Price

The award price is inclusive of VAT.

Selling Costs

A - VAT

VAT cannot be claimed back on certain vehicles.
For this type of vehicle and pursuant to Article 297 A I of the French Tax Code, VAT is added to the selling costs but cannot be claimed back by the buyer (margin-based VAT).

B - Auction costs

Selling costs applied to online sales are equal to 2.4% ex-VAT of the award price including tax per vehicle, with a minimum of €390 ex-VAT (except for "Starting Price €50" Vehicles and "Broken-down Vehicles" with a minimum of €250 ex-VAT and "ELV" sales, the costs of which are fixed at €200 ex-VAT).
A fixed fee of €30 ex-VAT is applied to any vehicle purchased on Live Online.
Administration charges of €60 ex-VAT per vehicle apply to vehicles for export.
   
C - Fixed price selling costs

Selling costs applied to fixed price sales amount to €417 ex-VAT per vehicle, except for "Alphabet" sales (Selling costs 2.b).
Administration charges of €60 ex-VAT per vehicle apply to vehicles for export.

Late-payment penalties

The amount of late-payment penalties is equal to the interest rate applied by the European Central Bank to its most recent refinancing operation, plus 10 percentage points.

Recovery costs

Fixed fee of €40.

Cancellation costs

Fixed fee of €375 ex-VAT / Vehicle.

Parking and insurance costs

The maximum time for vehicle pickup is 10 days from the date of sale. Thereafter, parking and insurance costs shall be charged at the rate of €5 ex-VAT (€6 including tax) per extra day.

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