BCA Italy Terms and Conditions

BCA Italia s.r.l.

General Terms and Conditions for the provision of physical and electronic auction services

A) BCA Italia s.r.l., with headquarters at 143/A, Via Emilia, Montanaso Lombardo (LO) 26836, Italy, VAT No/Tax Code IT02557550346, registration number 1469778 on 19.07.2012 in the Lodi Companies' Register, manages the sales through electronic auctions (hereinafter also called "online auctions") and physical auctions of used vehicles from professional sellers in the automotive sector.

B) Participation in the auctions is reserved exclusively for professional buyers operating in the automotive sector, corresponding to the Atecori 2007 Codes 45.11.01 and 47.91.1. Thus private buyers may not participate in the auctions.

C) Participation in the auctions is subject to registration on the BCA website or possibly at the BCA offices, providing all the necessary information as required by current regulations (Consolidated Law on Public Safety) and/or as may be occasionally required by BCA.

D) BCA assigns used vehicles to the highest bidder at the auction.
Registered Users who win a vehicle in an auction accept unconditionally all the conditions herein stated and are required to pay the amount offered, unless otherwise indicated.

E) The Technical Specifications published on the BCA website are an integral part of these General Terms and Conditions; they explain to Registered Users the arrangements for inspection and assessment of the condition of the vehicles for sale via BCA auctions. By accepting these Terms and Conditions, the Registered Users and/or successful bidders are declaring that they have read, understood and accepted the Technical Specifications.

1. Definitions

1.1. In addition to the terms defined in other clauses of these "General Terms and Conditions " the following expressions, listed below, are also used and have the meanings as indicated next to each. The terms will be applied both in the singular and in the plural:

a) “BCA”: BCA Italia S.r.l.

b) "Website": is the website accessible at the address it.bca-europe.com which provided the service of electronic auctions and is owned and administered by BCA Marketplace plc.

c) "Seller" or "Partner": any company and/or professional trader who uses the services of BCA and offers to sell their used vehicles to the customers of BCA.

d) "Registered User": any professional trader who registers on the BCA site or at the offices of BCA in order to participate in the auctions.

e) "Vehicles": used vehicles offered for sale via physical or online auctions.

f) "Product file": a file containing information relating to the vehicles.

g) "Auction": a sales process, either electronic or physical, with a series of bids which ends in the sale of the vehicle to the highest bidder.

h) "Bid": is the offer made by each auction participant with the aim of winning the right to purchase the vehicle.

i) "Reserve Price": is the minimum price that the seller is willing to accept for the sale of the vehicle.

j) "Winning Bidder": the person who is adjudged to have won an auctioned Vehicle.

k) "Buyer": the person who purchases an auctioned vehicle.

l) "Auctioneer": is the person appointed by BCA to the conduct the auction (physical or online) and expressly authorized to receive offers from the various participants.

m) "Mileage": is the distance the motor vehicle on sale has been driven, as declared by the Seller. Unless otherwise stated, the mileage is expressed in kilometres.

n) "Attachments": n) to be considered as such are the Auction Glossary, the Buyer Fees, the Trasport and the Appraisal Guidelines, all of which are published and accessible on the BCA website.

2. Terms and Conditions of Use

2.1. These "General Terms and Conditions", published on the BCA website, regulate all relations between BCA and the Registered Users. Except as provided for at point 2.2 which follows and unless otherwise agreed in writing, participation in BCA auctions implies that Registered Users have read, understood and accepted these "General Terms and Conditions" for the provision of the service.

2.2. Some auctions require that the relationships between BCA and Registered Users be governed by special terms and conditions marked as "Special Conditions", which differ from the "General Terms and Conditions". In this case, participation in BCA auctions implies that Registered Users have also read, understood and accepted the "Special Conditions" which relate to the particular service.

2.3. BCA has the right to modify these General Terms and Conditions at any time. These changes will be considered automatically accepted by the Registered User as a consequence of simply using the BCA platform or by participating in physical auctions following such modifications.

2.4. Any general terms and conditions of contracts applied by the customer are not applicable to services provided by BCA Auctions and therefore they are under no obligation as a result of such contracts.

3. Subject Matter

3.1. BCA auctions are carried out in two different ways:

  • Physical auctions, which will be held at the offices of BCA and/or BCA logistics centres; this includes Live Online auctions or the physical auctions accessible using the Internet application "Live Online" in which it is possible to participate electronically, as regulated by paragraph 6;

  • Online auctions which will solely be held electronically on the website, regulated by paragraph 7.

3.2. Unless otherwise indicated, auctions are carried out by BCA in its own name and on behalf of the Sellers, with BCA is acting as an agent.

3.3. Unless otherwise specified, these General Terms and Conditions shall apply to all types of auction carried out by BCA.

3.4. BCA, acting at its sole discretion and without having to provide any explanation, reserves the right to refuse participation in certain auctions to some Registered Users; in this event, the latter shall not have any right to indemnity or compensation, other than a simple return of any sum already paid.

4. Registration and access

4.1. Participation in BCA auctions is granted only to the Registered Users who, by registering, declare themselves to be of legal age and to have the ability to act and to accept these "General Terms and Conditions".

4.2. BCA reserves the right to exclude from participation in the auction(s) any Registered User or third party appointed by him who does not comply with these Terms and Conditions and/or behaves in an illegal manner. Such exclusion can be either temporary or permanent.

4.3. Upon registration the Users will have to provide:

  • 1 (one) copy of the certificate of registration of the company at the Chamber of Commerce with a specific indication of the powers of the legal representative;

  • 1 (one) copy of the identity document of the legal representative of the company;

  • VAT registration number;

  • when registering on the BCA website, users from EU countries other than Italy must accept "BCA's Additional Conditions of Auction applicable to customers who have an EU-based VAT number", published on the website and displayed on the following page http://www.bca-europe.com/it-IT/it/Comprare/Registrazione/Registrati-ora/. In order to participate in auctions, they are required to fulfil all the requirements therein;

  • when registering on the BCA website, users from countries outside the EU (export) must accept "BCA's Additional Conditions of Auction applicable to buyers located outside the European Union" published on the website and displayed on the following page http://www.bca-europe.com/it-IT/it/Comprare/Registrazione/Registrati-ora/. In order to participate in auctions, they are required to fulfil all the requirements therein;

  • in order to render the registration valid, the Registered User will have to accept these "General Terms and Conditions" and all relevant "Attachments", published and available on the BCA website, which form an integral part of these "General Terms and Conditions" and are deemed as accepted with the acceptance of the "General Terms and Conditions"; if the registration is not performed online, prior to participating in the auction the User must deliver to BCA's offices the signed and confirmed copies of the "General Terms and Conditions" and the "Attachments" referred to therein.

  • the third party delegated by the Registered User will only be able to participate in the physical auctions with an authority signed by the legal representative and the delegated third-party. A photocopy of the third party delegate's ID (not a driving license) must be handed over to BCA prior to this third party's participation in any auction.

Registered Users must inform BCA promptly in writing of any changes in the data provided, including any powers given to third parties. Registered Users are responsible for any damages caused by negligence, incorrect or incomplete information provided by them.

4.4. Once the registration is completed, the User will receive their access details: a "username" and a password which will be for the exclusive use of the Registered User to whom they were assigned, for use within certain limits on the website. The Registered User will be able to change the assigned password. Registered Users are required to keep their access data private. Should a Registered User become aware of any unauthorised access or suspect misuse of their details, they should immediately inform BCA. Registered Users who do not meet these reporting requirements are responsible for any unauthorised use of their login details. If the misuse is promptly notified, BCA Italia will activate a password-change procedure, so temporarily suspending the account and thus freeing the Registered User from liability for the misuse of his access details.

4.5. Website registration and viewing the pages and their offers is free. Registration allows Registered Users to use the auction service provided by the site. The registration shall be deemed complete when the procedure is correctly completed and a username and a password have been assigned.

4.6. BCA, at its sole discretion and without the need to provide any explanation, may refuse website registration or block access and/or delete any Registered User.

5. Privacy and Newsletter

5.1. By registering on the website Registered Users agree that their personal details will be processed by BCA. BCA processes all data of the Registered Users in accordance with the laws in force.

5.2. Registered Users can subscribe to the BCA Newsletter. Users can unsubscribe at any time by selecting the corresponding option in the Newsletter received. By agreeing to receive the Newsletter, Registered Users agree to receive updates on new auctions, new offers or new services operated by the auction platform.

6. Physical Auction

6.1. The website publishes physical auctions held at the headquarters of BCA and/or at BCA logistics centres, providing a clear indication of the arrangements for participation, the auction start and end times, as well as the vehicles to be auctioned. The physical auctions also include auctions in the Live Online format, that is simple physical auctions that are also broadcast simultaneously on the BCA website which it is possible to participate in via the appropriate Internet application Live Online.

6.2. Every vehicle is identified by its own Product File, which contains information about the vehicle: technical data, photographs of the vehicle, mileage, documents attesting to the ownership and/or rights and all other information useful and/or relevant to the sale. Product files can be viewed directly on the website. The above-mentioned information regarding the vehicles is not binding until the start of the auction and may be modified by BCA up to its opening.

6.3. At the beginning of each auction, the auctioneer indicates the starting price set for the vehicle. Registered Users participate in the auction by making an offer or bid for the vehicle under auction, starting from the price indicated by the Auctioneer; every subsequent bid must be higher, with an increased bid of at least € 100.00, unless otherwise indicated. The bids are made in round numbers, without decimals.

6.4. The bids are binding, irrevocable, non-refundable and non-changeable. Auction winners are therefore obligated to fulfil their obligations under the contract.

6.5. Raising the bid price should be done as follows:

  • for Registered Users present in the auction hall - by raising a hand;

  • for Registered Users participating via the Internet application (Live Online) - through the user interface of the website or by means of a real-time messaging system.

Only Live Online auctions have the "automatic" bid option - that is where the Registered User indicates the maximum amount they are willing to pay for the vehicle and the system automatically raises their bid by € 100.00 in reply to counteroffers, with the aim of sometimes making the best offer within the limits of the amount the User has specified.

In case of technical difficulties preventing a Registered User from bidding electronically, BCA may accept telephone bids. These must be confirmed by email, from an address known to BCA and linked to the Bidder before the beginning of the auction.

6.6. When the Auctioneer brings down the hammer the bidder placing the last offer becomes the winning bidder and the auction ends.

6.7. Once the auction is finished, the Registered User who made the winning bid automatically agrees to purchase the vehicle and accepts any request by BCA in connection with completion of the purchase.

6.8. If awarded the vehicle, the winning bidder is obliged to pay to BCA the purchase price, plus VAT if due plus a commission proportionate to the sales price, according to the rates published on the website and displayed on the following page: http://www.bca-europe.com/en/it/Buy/Useful-information/BCA-buyer-fees/.

This without prejudice to the provisions of art. 6.9.

6.9. Purchases made by the Registered User at physical auctions are personal and any possible modification or substitution of the winning bidder are prohibited unless specifically permitted by BCA.

7. Electronic (Online) Auction

7.1. The BCA website will host several online auctions, providing an indication of the start and finish times of each auction. The aforementioned times are published on the web page corresponding to the auction and/or on the general pages of the site and may be modified by BCA at its sole discretion during the auction.

7.2. Each vehicle is identified by its Product File, viewable directly on the site and containing information about the vehicle, including technical data, photographs of the vehicle, mileage and other relevant and/or useful information pertaining to the sale.

7.3. The information contained in the Product File published on the site is not binding until the start of the auction and may be modified by BCA before the opening of the auction.

7.4. Registered Users participate in online auctions via the user interface of the website by bidding on the vehicles. The bids are made in round numbers, without decimals.

7.5. The Online auction may be conducted in the following manner:

a) Bid Online Auction (including the "Xbid" phase): the starting price set for the vehicle is indicated on the website. The bidder will have to make an offer starting from the price listed on the site and each subsequent bid must be higher than the previous one, with a minimum raised bid of € 100 (one hundred). During the auction, the site displays the submitted bids, indicating the date, time and amount of offers made as they occur. Live Online auctions have the Automatic Bid option - that is where the Registered User indicates the highest amount they are willing to pay for the vehicle and the system automatically raises their bid by € 100.00 as a counteroffer to any other bids, with the aim of getting the best deal within the limits of the amount specified by the User.

At the end of the auction, if indicated on the web page, an additional step called "Xbid" could follow wherein, for a short period of time, specifically indicated by a stopwatch, all participants will be able to make one or more bids for all vehicles offered for auction. All vehicles will consequently be re-posted individually on the website, with an indication of the last price reached (provisional winning bid) for the vehicles for which offers are made.

If no raised bid is made, the vehicle will be awarded (still provisionally, pursuant to art. 8) to the User who had made the last bid during the main auction. However, if new bids are made, with every new bid the stopwatch will be set going for exactly the same short period of time and the Vehicle will be awarded (always provisionally, in accordance with art. 8) to the bidder who makes the last best offer in the time available.

The Registered User who, at the closure of the auction, has made the highest bid will be provisionally awarded the vehicle, in accordance with art. 8.

b) Multiple Item Batch: these auctions relate to two or more vehicles offered for sale together as a "package". The starting price listed on the site is for the package and not for individual vehicles. Therefore, the bids are to be made for the package. The auction is conducted in the same way as the Bid Online Auction. The Registered User who, at the closure of the auction has made the highest bid will be provisionally awarded the package, in accordance with art. 8.

c) Buy-Now Auction: the website shows the price of the vehicle; the bid must be equal to the amount indicated as the buy-now price. At the end of the auction, the Registered User who first made the offer will be deemed the winning bidder for the vehicle. At the close of the auction the vehicles sold will be removed from sale and will not be available for sale any more.

d) Sealed Bid Auction: vehicles will be auctioned without any indication being given of the Starting Price. Registered Users will be able to make an offer for the vehicle, without any information of the offers made by other users for the same vehicle. At the end of the auction, the Registered User who made the highest bid of all the bids received will be provisionally awarded the vehicle, in accordance with the following Article 8. If two or more Users made the same highest bid, the bid that was received first (chronologically) will be the winning bid.

7.6. In case of technical difficulties preventing a Registered User from bidding electronically, BCA may accept telephone bids, which must be confirmed by email, from an address known to BCA and linked to the Bidder before the beginning of the auction.

7.7. The bids are binding, irrevocable, non-refundable and non-changeable. Only BCA has the authority to accept a bid; BCA can also cancel the auction award and re-offer the vehicle for sale.

7.8. With the auction award, the Buyr agrees to comply with any request of BCA in connection with the conclusion of the purchase; once the purchase is confirmed by sending an invoice, the winning bidder is required to perform all obligations required under the contract.

7.9. BCA reserves the right to close an auction early if it considers that the auction has been manipulated and/or distorted. In this case, any bid in relation to such an auction which has closed unexpectedly early will be immediately cancelled.

7.10. Purchases made by the Registered User on BCA website are personal; any modifications or substitutions of the data of the winning User are prohibited unless specifically permitted by BCA. Private transfers are prohibited during the finalisation of the sale. Violation of these provisions gives BCA authority to immediately suspend the offending User from further access to the site. Changing Registered Users' names is subject to prior agreement of the parties.

7.11. Registered Users may not, in any way, seek to distort and manipulate the auctions. The use of any methods and/or means to interfere with the proper functioning of the auctions is illegal and unacceptable, and gives BCA authority to take all protective measures it deems appropriate.

8. Provisional Award

8.1. If, at the end of the auctioning processes referred to in the preceding articles 6 and 7 above, the latest bid is lower than the reserve price, the award is considered "provisional" and the Registered User who made the last bid wins the vehicle "provisionally".

8.2. In this case, BCA will immediately inform the winning bidder of such provisional award and request the Seller's authorisation to sell at a lower price. This will be communicated within 24 hours from the end of the auction.

8.3. The offer referred to in para. 8.1 is however to be considered as binding and, once accepted by the Seller in the manner herein described, it will be considered final.

8.4. All provisions of these General Terms and Conditions shall also apply to the sales under a Provisional Award.

9. Sale Procedures

9.1. All auctioned vehicles are put on sale in the state and conditions in which they are offered.

9.2. The auctions are conducted in the manner specified on the site and regulated by the preceding Articles 6, 7 and 8 and may be subject to specific conditions published from time to time on the site.

9.3. In physical auctions, the Auctioneer declares the end of the auction and announces the successful bidder to whom BCA will send an invoice containing:

  • the price of the vehicle
  • commission payable for physical auctions
  • fixed costs and taxes

9.4. In online auctions and the auction referred to in art. 8 (provisional sale), BCA will promptly send the highest bidder a notice by e-mail showing the price offered for the vehicle or for vehicles, pursuant to art. 7.5.b ("Multiple Item Batch" auction).

The winning bidder must send by certified communication, notification of any changes to the business data within 12 hours following receipt of such email in order to proceed to invoicing.

9.5. In cases governed by para 7.5.d (Online sealed bid auctions), the offer price indicates what the User is willing to pay for the vehicle and what he will be required to pay in full to BCA, in the event that the User wins this type of auction.

9.6. The sale is deemed to be definitively closed with the sending of the invoice.

From that moment all the risks associated with the vehicle are transferred to the buyer.

9.7. BCA gives the winning bidders a period of 2 working days from delivery or dispatch of the invoice to pay the amounts due and indicated therein:

  • price of the vehicle;
  • fixed costs and taxes;
  • auction commission.

Any costs of transport, carried out as an extra service by BCA and pursuant to art. 15.2, will be communicated on a specific request and quantified; these costs will in any case be borne by the buyer and indicated in a dedicated invoice.

9.8. After receiving the invoice payment, BCA will, with the help of agencies and/or third parties appointed by BCA, proceed to the complete all formalities relating to the sale and transfer of ownership of the vehicle; they will also deliver or send to the Buyer (at the address indicated), with the help of agencies and/or third parties appointed by BCA, all documents relating to the purchased vehicle. In particular, BCA will send by courier: the registration certificate, the certificate of ownership and the vehicle's second key, if any; meanwhile, when the vehicle is picked up, they will physically deliver to the Buyer the keys and all the accessories with which the vehicle was equipped at the time of the award, unless otherwise agreed.

9.9. Upon payment of the invoice and completed the documental part pursuant to art. 9.8, BCA will issue to the Buyer a relevant Pick up Order that will authorise the Buyer to pick up the vehicle at the place of its storage, as specified in the said Pick up Order. If the Buyer delegates the pick-up to a third party, whether a private individual or a transport company, the Buyer will be required to inform the relevant third person of these General Terms and Conditions and of the instructions contained in the "Pick up Order”.

9.10. In case of default of the winning bidder, the costs and commissions related to the sale will be still payable to BCA. In addition, the winning bidder will be required to pay a penalty of 10% of the auction price of the vehicle, without prejudice to claim for further damage, with a guaranteed minimum of € 150.00, subject to additional damages. In any case, BCA reserves the right to automatically compensate for any possible debt the Buyer has with BCA using any possible credit of the Buyer with BCA.

10. Warranty and Complaints

10.1. With regards to the contents of the Technical Specifications, specifications of vehicles, accessories and other objects offered for sale by BCA they are based on information supplied by the Seller. Given that the vehicles sold through auctions are used, no responsibility can be attributed to BCA for any defects known and/or knowable, including according to the information provided in the Technical Specifications and/or mentioned in the Product File up until the delivery of the vehicle. By way of example, the following cannot be used against BCA (this is not an exhaustive list): defects to the bodywork, interior (wear), mechanics, "optional" accessories, milometers, delay in delivery of the vehicle and/or of the relevant documentation.

10.2. BCA will not pay compensation for any damages not mentioned in the Product File and/or published photographs and/or inspections and in any case recognisable by the process described in the Technical Specifications.

10.3 Any claims indicating the presence of differences compared to those communicated by BCA and/or recognisable under previous art. 10.1 and 10.2 are to be submitted, under penalty of forfeiture, when picking up the vehicle, in the following ways:

  • in case of pick up by the buyer or his delegate at BCA's offices or at a BCA-affiliated centre, any possible defects must be indicated immediately at the time of pick up, recorded in the Transport Documents of the vehicle concerned, and expressly signed;

  • in the case of transport organised by BCA through its agent, the possible defect should be detected by the Buyer or his delegate at the time of delivery, recorded in the Transport Documents of the vehicle concerned and expressly signed for receipt.

10.4. Any claims indicating the presence of hidden defects must be received by BCA no later than 2 working days from the pick up and/or delivery of the vehicle via a communication sent to BCA, authorising the latter at the same time to charge the complainant the amount of € 100.00 to cover the associated management costs.

The complaint must be sent to the following e-mail address: claims.ita@bca.com

The notification must include:

  • Vehicle license plate or, for vehicles without a license plate, the invoice number;

  • Transport Documents signed by the parties with an indication of the defect/anomaly;

  • A detailed and comprehensive photograph of the defect/anomaly;

  • A Repair estimate on letter headed paper with details of the type of work required, labour costs, materials, spare parts to be used, etc.

Any complaints in a different format and/or with incomplete information will not be taken into account.

10.5. If necessary, BCA will instruct a third-party company to inspect the vehicle. The opinion of this third party shall be considered binding on the parties.

10.6. If the complaint is upheld, BCA will take charge of repairs at a servicing station of its choice or reimburse expenses incurred for repairs carried out on the vehicle, applying to the above amount (excluding the costs of labour) a depreciation of 10% per annum on replacement parts for each year from the date of the first registration of the vehicle. In any event, the above amount will be subject to an excess equal to 10% of the damage taken into account, with a minimum amount of € 150.00.

10.7. In the case of rejection of the complaint, BCA shall be entitled to receive from the claimant the claim management fee referred to in point 10.4.

11. Termination

11.1 The parties may terminate the contract only in the cases specified below, which are mandatory:

a) lack of right to sell by the seller;

b) transcripts or registrations in favour of third parties in the Public Vehicle Register;

c) tampering with the milometer, subject to a tolerance of 15%;

d) noncompliance of make, model or construction to the information provided by BCA.

12. Payment Methods

12.1. Payment for the purchased vehicle must be made no later than 2 working days from receipt of invoice.

The Buyer shall pay the purchase price, plus VAT if applicable, as well as fees and expenses, any additional administrative costs (e.g. transfer of ownership), transportation costs (if the Buyer agrees on delivery by BCA or courier), and all other costs specified in the personally delivered and/or mailed invoice(s) sent to the purchaser at the address given to BCA.

The price of the vehicles sold will be invoiced by BCA to the Buyer and will contain the Buyer's data as specified on the site and/or as communicated via certified mail in accordance with the preceding point 9.4.

12.2. Failure to pay the amount due within the terms specified will result in automatic cancellation of the sale, subject to BCA's right to grant, at its sole discretion, a longer payment term. The defaulting Buyer will remain liable to pay BCA the costs and expenses as provided for in the preceding art. 9.10. Should the payment be delayed for reasons independent of BCA, the Winning Bidder will be required to pay BCA the amount indicated in the invoice plus default interest on the winning bid.

12.3. The Buyer will pay by bank transfer or other form agreed by BCA.

12.4. BCA reserves the ownership of the vehicle until the amounts due are fully paid by the Buyer to BCA.

13. Cancellation of User Profiles

13.1. In the event of failure to comply with these Terms and Conditions and/or unlawful act by the Registered User and/or third parties delegated by the latter, BCA reserves the right to suspend and/or delete - temporarily and/or permanently - the relative account of the Registered User concerned, as well as the "username" and "password" needed for access on the website.

13.2. If the deleted User wishes to be readmitted to participation in the auctions, subject to BCA's consent to the readmission, such User will have to re-register by paying the amount of € 500.00 as a registration fee. In addition, such User will have to pay a non-interest bearing deposit of € 3,000.00 that BCA will return after twelve months, subject to the provisions herein.

13.3. If the User who has been deleted and readmitted defaults again, BCA will be entitled to cancel such User's user record again and withhold the amount of € 3,000.00 specified above towards the amounts due and/or compensation for any difference between the awarded price and the selling price, or as a compensation for loss of sales. BCA retains the authority to use the aforementioned deposit to settle any old debts and to demand repayment of all further claims in which the amounts due were above € 3,000.00.

14. Termination Clause

14.1. BCA reserves the right to delete/cancel at any time the awards/sales of vehicles, with express waiver of the rights of the Winning Bidder/Buyer to any claims.

15. Pick up of Vehicles

15.1. Every vehicle purchased must be collected by the Buyer normally no later than 3 working days from the receipt of the Withdrawal Authorisation, without prejudice to the provisions of art. 9.6 (transfer of risks). By the third working day, unless otherwise agreed between the Parties, the Buyer will be charged the cost of parking, as published on the website http://www.bca-europe.com/it-IT/it/Comprare/Informazioni-Utili/Tariffe-per-i-compratori/#parking.

15.2. Subject to the provisions in paragraph 15.1, BCA offers the Buyer an "extra delivery service" for the vehicle, which must be requested in writing by the interested party, at: logistics.ita@bca.com. The buyer can view costs and terms of delivery on the website http://www.bca-europe.com/en/it/Buy/Useful-information/Transport/ and will be agreed in advance between the Parties. All the costs of the service must be paid by the Buyer before delivery, except when otherwise agreed by the Parties. Any risk related to the transport will be borne by the Buyer. BCA shall be exempt from any liability, even if the transport is organised by BCA.

15.3. In the event of late delivery, BCA will not be held responsible and the Buyer may not demand a refund.

16. Liability

16.1. BCA shall not assume liability for any damage to a Registered User resulting from the sales contract and/or the use of the BCA platform, nor for any damage (direct or indirect, in particular for loss of profits, customers or revenue) arising in any way from unauthorised access and/or use of the website and/or the use of its services by the Registered User.

16.2. Should a liability of any kind be allocated to BCA, the latter will be liable only within the limits of the amount of money received and/or that should have been received for the services provided.

17. Force Majeure

17.1. Force majeure circumstances shall be the circumstances that could not have been reasonably foreseen by BCA or which are outside its control or which make it impossible or excessively burdensome for the BCA to meet its obligations.

17.2. Should the force majeure circumstances persist for more than three weeks, BCA, the Seller or the Buyer shall be authorised to cancel the contract by sending a registered letter with acknowledgement of receipt, without any implication of an obligation to compensate and/or any other obligations towards the Registered User, the Seller and/or third parties.

17.3. By way of example, the following are considered cases of force majeure: strikes, diseases that affect more than 50% of staff, late delivery or non-delivery of vehicles from suppliers, transport disruptions, embargoes or boycotts, severe weather conditions such as floods, persistent frosts, storms or hail and/or power cuts.

18. Privacy

18.1. BCA may not sell or provide the personal information of Registered Users to third parties for marketing purposes without the explicit consent of the Users. The data will be used only in accordance with the Privacy Act currently in force in Italy. Data can be modified and updated at any time by logging into your account.

18.2. BCA may use third parties to verify and certify its privacy principles. Various pages of the BCA site might show, at the discretion of BCA, advertising campaigns of other third-parties, as well as information about additional services provided by BCA.

19. Applicable Law and Competent Court

19.1. All relations between BCA and the Registered Users shall be governed solely by Italian law.

19.2. All disputes related to the interpretation, application and /or termination for any reason of these General Terms and Conditions will be settled exclusively by the Court of Milan, with the exclusion of any other court.

20. Tolerance / Invalidity of Terms

20.1. The waiver or inaction in the application of any of the clauses of this contract shall not constitute a waiver in regard to said clauses, but shall be considered merely tolerance.

20.2. The invalidity of any of the provisions herein shall not affect the validity of the other provisions.

21. Taxes and Costs

21.1. All taxes, fees and other charges that are due following the conclusion of a contract of sale, unless otherwise indicated, are borne by the Buyer.

21.2. In the event of sale of vehicles to buyers based outside Italy, further and different contract terms might apply, to be considered supplementary and/or to derogate from these General Terms and Conditions. In any event, the Buyer is obliged to take responsibility for and bear the costs of any administrative procedures related to export.

22. Communications

22.1. Unless otherwise specified, legal communications shall be sent at the registered office of BCA as indicated on the site and to the e-mail address info.ita@bca.com provided to users during the registration process.

BCA will send any legal notices to the email address of the Registered User specified during the registration process.

In accordance with articles 1341 and 1342 of the Italian Civil Code, the Registered User expressly declares to have read and approved individually and specifically the following items: 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13,14, 15, 16, 19, 20 and 21.

BCA SUPPLEMENTARY CAR AUCTION CONDITIONS, APPLICABLE TO BUYERS FROM EU COUNTRIES

INTRA-COMMUNITY ACTIVITIES

1. Bca Italia s.r.l., with registered office in Via Emilia 143/A, Montanaso Lombardo (LO), 26836, Italy, hereafter referred at as “BCA”, provides the opportunity for buyers from the automotive sector, located in EU countries, to participate in its auctions and to buy used cars, after registration at BCA website (it.bca-europe.com) with explicit acceptance of the General Terms & Conditions and of these Supplementary Conditions, available on the BCA website.

2. Intra-communitarian purchases are VAT-free for Buyers from EU countries, except for vehicles qualified as “Margin”. Vehicles sold as “Margin” are subject to the European Community VAT Margin system, meaning that vehicles and services are considered as being “VAT inclusive”.

3. To take advantage of this benefit, BCA, for each purchase, will ask Buyers some documents in order to demonstrate to the Italian VAT Authorities that the vehicle has moved to another EU country and that this export has taken place within 1 month after the purchase. This benefit does not work for "Margin" vehicles; in any case, also for this type of vehicles, Buyers have to provide the right documentation to demonstrate the export within 1 month after the purchase.

4. BCA will send to the Buyer the invoice for the vehicle, together with the “VAT Deposit” agreement. Therefore, the Buyer will pay an invoice containing the price of the vehicle, commissions, fixed costs and taxes, if requested, and an additional amount, as a “VAT Deposit”, equal to 22% of the price of the purchased vehicle (tax included). He will also send to BCA, via e-mail or fax, a copy of the “VAT Deposit” agreement duly completed and signed by the legal representative of the buyer company. This last amount will be refunded after presentation of proof of intra-communitarian export, as regulated in paragraph 7.

5. BCA will send the "Pick-up order" to the Buyer only after getting the payment of all amounts stated in the invoice. The Buyer has to send to BCA the proof of payment within 48 hours after closing of the sale. In case of failure or partial payment of the invoice, the vehicle will not be authorized.

6. Pick-up is permitted only from third party transport companies, and the legal representative of the buyer company has to send to BCA, after the payment and before the pick-up, copies of these documents:

  • "Pick-up proxy" signed by the legal representative of the buyer company;
  • Passport or ID card of the driver engaged by the transport company.

7. "VAT Deposit" will be refunded to the Buyer only when BCA receive in original the CMR (international waybill), completed with all this information:

  • Departure date in spaces 4 ad 21;
  • Pick-up compound stamp and signature in space 22;
  • Transporter stamp and signature in space 23;
  • Arrival date, delivery compound stamp and signature in space 24.

8. If requested documents will not be sent to BCA within 1 month from the invoice date, the sale will be considered "local", the VAT will be applied and the "VAT Deposit" will not be refunded because used to pay the Italian VAT. This rule will be applied also for "Margin" vehicles.

BCA SUPPLEMENTARY CAR AUCTION CONDITIONS, APPLICABLE TO BUYERS FROM COUNTRIES OUTSIDE THE EUROPEAN UNION

EXPORT

1. Bca Italia s.r.l., with registered office in Via Emilia 143/A, Montanaso Lombardo (LO), 26836, Italy, hereafter referred at as “BCA”, provides the opportunity for buyers from the automotive sector, located in countries outside the European Union (EU), to participate in its auctions and to buy used cars, after registration at BCA website (it.bca-europe.com) with explicit acceptance of the General Terms & Conditions and of these Supplementary Conditions, available on the BCA website.

2. Purchases are VAT-free for Buyers from countries outiside the EU, except for vehicles qualified as “Margin”. Vehicles sold as “Margin” are subject to the European Community VAT Margin system, meaning that vehicles and services are considered as being “VAT inclusive”.

3. To take advantage of this benefit, BCA, for each purchase, will ask Buyers some documents in order to demonstrate to the Italian VAT Authorities that the vehicle has moved to a country outside the EU and that this export has taken place within 1 month after the purchase. This benefit does not work for "Margin" vehicles; in any case, also for this type of vehicles, Buyers have to provide the right documentation to demonstrate the export within 1 month after the purchase.

4. BCA will send to the Buyer the invoice for the vehicle, together with the “VAT Deposit” agreement. Therefore, the Buyer will pay an invoice containing the price of the vehicle, commissions, fixed costs and taxes, if requested, and an additional amount, as a “VAT Deposit”, equal to 22% of the price of the purchased vehicle (tax included). He will also send to BCA, via e-mail or fax, a copy of the “VAT Deposit” agreement duly completed and signed by the legal representative of the buyer company. This last amount will be refunded after presentation of proof of export, as regulated in paragraph 7.

5. BCA will send the "Pick-up order" to the Buyer only after getting the payment of all amounts stated in the invoice. The Buyer has to send to BCA the proof of payment within 48 hours after closing of the sale. In case of failure or partial payment of the invoice, the vehicle will not be authorized.

6. Pick-up is permitted only from third party transport companies, and the legal representative of the buyer company has to send to BCA, after the payment and before the pick-up, copies of these documents:

  • "Pick-up proxy" signed by the legal representative of the buyer company;
  • Passport or ID card of the driver engaged by the transport company.

7. "VAT Deposit" will be refunded to the Buyer only when BCA receive a copy of one of these documents that guarantee the export of the vehicle to a country outside the UE:

  • Customs bill (italian or of another country)
  • Invoice stamped by Customs
  • Documento di Accompagnamento Esportazione (DAE) or equivalent for the other EU countries.

The document sent to BCA must clearly state the MNR (Movement Reference Number) and the identifying elements of the vehicle to proceed to the export notification with "Stopped/Exported" status, available on the European Taxation and Custom Union website.

8. If requested documents will not be sent to BCA within 1 month from the invoice date, the sale will be considered "local", the VAT will be applied and the "VAT Deposit" will not be refunded because used to pay the Italian VAT. This rule will be applied also for "Margin" vehicles.