GENERAL
CONDITIONS OF
BCAUCTIONS authorisation
N°2002-294
Company capital: 1 million Euro - Security: 5.3 million Euro
J.M. BREMENS - C.
BELLEVILLE - D. PONCET – B ROQUIGNY
(ClassicAuctioneers
authorised to conduct the sale)
BCAuctions, a second-hand vehicle Auction House with branchs in Paris (Bonneuil) and Lyon (Bron),
offers all the following:
-
physical
auctions on its 2 branchs simultaneously
broadcasted on Internet via Live Online
-
Internet
sales :
o
Fixed
prices sales : 24h/24h and 7 days / 7 days
o
Auction
sale
The vehicle is opened to bidding and whoever is the highest
bidder, either by raising a hand at the physical auction or clicking on the
highest bid in the electronic auction, at the end of the bidding period becomes
the purchaser, in other words, the owner of the vehicle.
I.
GENERAL
CONDITIONS OF
A.
THE GENERAL PRINCIPLES OF A SECOND-HAND
VEHICLE AUCTION
1) Registration
Anyone wishing to take part in the auctions must first register
under the following conditions.
a)
Professional:
-
Certificate
of Incorporation or Articles of Association certified by a lawyer
-
Photocopy
of the legal representative’s identity card or passport
-
Valid
intra-community VAT number
-
Power
of attorney given to the bidder, signed by the legal representative
b) Individual:
-
Photocopy
of the identity card or passport
-
Power
of attorney given to the bidder, signed by the legal representative
-
€450
deposit, in cash or by charge card imprint
2) Auction fee (physical auction + Live
Online)
The following fees apply to physical
auction plus Live Online.
|
|
|
||
|
Purchase
expenses (as a % of the sale price) |
Minimum |
Maximum |
Purchase
expenses (as a % of the sale price) |
|
12%
ex-tax (14.35%
including tax) |
€400
ex-tax (€479
including tax) |
€1,200
ex-tax (€1435
including tax) |
6% ex-tax
(7.18%
including tax) |
3) Auctioning, payment and delivery of vehicles
After the auction has concluded, the buyer will receive an
e-mail from BCAuctions informing that s/he is the purchaser of the vehicle(s)
in question.
The purchaser must then go to one of BCAuctions’s
2 centres (see addresses on the site), within 3 working days after
the auction to settle the bill for the purchase amount plus auction expenses.
This can also be paid via bank transfer or bank draft.
Cash
payment cannot exceed €1,000 for a company and €3,000 for an individual buyer according
to current regulations.
Once the payment has been made, the original administrative
documents (registration certificate, etc.) will be sent with the vehicle.
Failing to do so may entail a 15-day delay in receiving them. They will then be
sent to the indicated address.
Should payment not be made within the allotted timeframe,
BCAuctions will then be forced to cancel the sale, and the purchaser is liable
to have his/her account closed immediately, as well as losing the deposit.
The maximum
timeframe for collecting the vehicle is 5 days after the auction date. After this time, parking charges will be incurred at €10 for every additional day.
The vehicle may only be collected once the sale has been paid in
full.
The purchaser is responsible for insurance from the auction
onwards.
4) Right of withdrawal
Sales at public auctions of goods are excluded from the right of
withdrawal field.
As a consequence, every bid made and every purchase is
definitive.
Should the purchaser cancel the sale, s/he will be liable to the
immediate closure of his/her account, as well as the loss of the deposit.
5) Services on
offer:
·
Have
your vehicle transported:
We can help you
benefit from rates we have negotiated with many transport companies. You can
e-mail our Head of Logistics to receive an indicative rate and timeframe, at
the following address: logistique@bcae-france.com.
·
Guarantee:
You can take out a
policy by enquiring at the reception desk in any of our auction centres or by
checking our partner’s website: www.enchereassure.fr
·
Insurance:
You must have your
vehicle insured before leaving our centres: you can take out an insurance
policy by enquiring at the reception desk in any of our auction centres or by
checking our partner’s website: www.enchereassure.fr
6) Responsibility:
Only those acting in a full legal capacity are authorised to
register.
The public auctions are reserved for people over 18 years of age. Identity will
be checked at the time of payment and when the vehicle is delivered to the
purchaser.
The responsibility of BCAuctions is limited to implementing the
means required to ensure the auctions run smoothly.
BCAuctions is free from any liability in relation to buyers or sellers.
The photographs and description of vehicles shown on the site and even during
the auction process are considered as advertising in response to the legal
requirements of public sale.
Validating the general conditions of sale entails the acceptance of same as
well as the acceptance of auction expenses.
Every bidder has the right to access and modify his/her personal information
which appears on the site. People’s computerised files are registered with the
CNIL [French Data Protection Authority] in compliance with current legislation.
7) Possible VAT exemption on exports
Only vehicles subject to VAT-back are indicated as such in the
sales schedule and are dealt with in the paragraph below.
This VAT exemption is applied to the vehicle amount, and the
auction and transport expenses.
Current VAT rate in the automobile sector = 19.6%
(Germany, Austria, Belgium, Bulgaria, Denmark, Spain, Finland,
Greece, Ireland, Italy, Luxemburg, the Netherlands, Portugal, the United
Kingdom, Sweden, Cyprus, Estonia, Hungary, Lithuania, Latvia, Malta, Poland,
Romania, Slovenia, Slovakia, the Czech Republic)
Professional:
To get VAT back, please provide us with the following :
Individuals:
Professional:
To pay:
o
Bill
excluding VAT and the auction expenses
o
bill
including tax: to get VAT back, the vehicle must leave French territory in the
month following the sale, we must receive the EX1 a MAXIMUM of 2 MONTHS from
the date the vehicle was sold. On receipt of these documents we will reimburse
the VAT by bank transfer.
Individuals:
8) Allocation of Jurisdiction
These conditions must be interpreted according to French law.
For any litigation, jurisdiction is allocated to the competent courts of the
city where BCAUCTIONS has its head office.
The Commercial court of Créteil alone
will be competent for any disputes.
B. GENERAL CONDITIONS OF
Any internet user wishing to take part in the auction must
register on the website www.bca-europa.fr
by giving his/her postal address, a valid e-mail
address and bank details.
The deposit, by charge card imprint, is in the amount of €450
including tax for individuals.
The internet user’s e-mail address and bank details are verified
through a secure banking site and are collected on a strictly confidential
basis.
In order to validate his/her registration, the internet user
must first accept these General Conditions of
If the registration is accepted, BCAuctions will send a personal
and confidential code to the internet user by mail within the next 48 hours.
This confidential code enables him/her to make bids. Disclosure of this code to
a third party is the internet user’s sole responsibility.
In any case, the charge card will not be debited without
consultation.
Should the purchaser cancel the sale, s/he will be liable to the
immediate closure of his/her account, as well as the loss of the deposit.
2)
BCAUCTIONS only auctions second-hand vehicles on the website www.bca-europa.fr.
BCAUCTIONS reserves the right to remove any vehicle involved in
a claim or a dispute from auction after bidding has begun.
The descriptions and representations which appear on the website
are the property of BCAUCTIONS and cannot be reproduced for commercial purposes
without the express authorisation of the owner or right holder.
Only the registered internet user may make bids. The purchase time is the time
in
BCAUCTIONS reserves the right to refuse any bid they deem doubtful irrespective
of the reason.
The seller is not allowed to bid on a lot belonging to him/her.
The bidder, even acting as an intermediary, acts on his/her own behalf and
under his/her own responsibility.
We call users’ attention to the fact that the on-screen display of bids may be
delayed in relation to universal time, depending on the internet user’s computer
configuration.
The transfer of property is carried out as of right at the moment of purchase
and the item is the purchaser’s responsibility from that moment on. Unlike
traditional e-commerce sites, it is the auction and not payment which
formalises the purchase.
3) Auction fee – Internet
The auction fee apply to the Internet sales (Live Online excepted) are 2.2% ex-tax (2.63% including tax) of the
amount of the hammer price with a minimum of 185€ ex-tax (221.3€ including
tax).
Management
fee of 25 € ex-tax (30 € including tax) per vehicle apply for export buyers.
SPECIAL CONDITIONS OF
Depending on the volume
of purchases, BCAuctions grants you special conditions in relation to:
1) Auction expenses
2) Deadlines for payment
and collection of vehicles
Conditions of
access to these categories are as follows :
Gold: over
€30,000 including taxes in purchases over the last 3 months
Silver : between €15,000 and €30,000 including taxes in purchases over
the last 3 months
1) Auction fee (physical auction + Live Online)
|
|
|
Purchase
including taxes under €20,000 |
Purchase
including taxes over €20,000 |
||
|
Categories |
Purchases
over the last 3 months |
Purchase
expenses (as a % of the sale price) |
Minimum |
Maximum |
Purchase
expenses (as a % of the sale price) |
|
Gold |
> €30,000 including taxes |
6% ex-tax (7.18%
including tax) |
€350
ex-tax (€419
including tax) |
€600
ex-tax (€718
including tax) |
3% ex-tax (3.59%
including tax) |
|
Silver |
Between €15,000 and €30,000 including
taxes |
9% ex-tax (10.76%
including tax) |
€350
ex-tax (€419
including tax) |
€900
ex-tax (€1077
including tax) |
4.5%
ex-tax (5.38%
including tax) |
|
Classic |
No minimum volume |
12% ex-tax
(14.35%
including tax) |
€400
ex-tax (€479
including tax) |
€1,200
ex-tax (€1435
including tax) |
6% ex-tax (7.18%
including tax) |
2) Payment deadlines, cancellation and parking
charges
|
|
“J” represents the
number of days after the sale, excluding weekends |
||
|
Categories |
Maximum
deadlines for payment |
Cancellation
of the sale |
Parking
charges |
|
Clients
export Gold
& Silver |
J+6 |
J+11 |
J+11 |
|
Clients Gold
& Silver |
J+5 |
J+11 |
J+11 |
|
Classic |
J+3 |
J+5 |
J+5 |