BCA DIRECT
GENERAL CONDITIONS OF
100% electronic vehicle auctions
BCAUCTIONS licence n°2002-294
J.M. BREMENS - C. BELLEVILLE - D. PONCET
(Certified
auctioneers)
In addition to physical auctions
held across its three centres in France (
This sales tool for electronic vehicle
auctions conforms to current legislation (Law n°2000-642 of 10 July 2000).
BCAuctions, a Voluntary Sales Company, is approved by the Sales Council under
licence n°2002-294, with the auctions conducted by certified auctioneers.
1)
AUCTIONS ON THE INTERNET
BCA
Direct is a 100% electronic auction, open to the public every Thursday from
10am until 12 noon on Friday.
With digital photos illustrating the
vehicle and any possible damage, a vehicle description and MOT details, coupled
with BCA Direct’s electronic sales tool, internet
users are able to participate in auctions and place bids (see user manual)
The way it works is simple andstandard auction practice: the person making the highest offer at the
end of the auction buys the vehicle in question.
An internet user registering for the
purpose of placing bids on a vehicle they hope to buy is called a bidder.
The highest internet bidder at the end
of the bidding period is named the successful bidder.
To participate in an auction, the
internet user must first register on www.bcae.net.
2)
CONDITIONS OF ON-LINE
REGISTRATION
Any internet user wishing to
participate in the auction must register on www.bcae.net, providing his postal address, a
valid email address and his bank details.
Address and bank information submitted
by internet users is checked via a secure banking site and handled in a
strictly confidential manner.
Registration cannot be validated unless
the internet user has first accepted the current General Conditions of
If the registration application is
accepted, BCAuctions issues the internet user with a personal and confidential
code via email within 48 hours. This confidential code allows the internet user
to place bids. The internet user is held solely responsible should this code be
divulged to a third party.
A total of €400 excl. VAT
(€478.40 inc. VAT) corresponding to the minimum auction fee will be charged to
the internet user’s bank card should the internet user be the successful bidder
of the vehicle in question and does not pay for the vehicle
within the specified time frame (three days following the auction). The
internet user subsequently risks closure of his BCAuctions account.
Under no circumstances will
the bank card be debited without notice.
3)
HOW THE AUCTION WORKS
A user manual is available,
explaining how the auction works.
BCAuctions reserves the right to
withdraw, at any point during the auction, any vehicle suspected of being
involved in a controversy or dispute.
Where two bidders place the same bid,
the first bid prevails.
There are two ways in which to place a
bid:
·
Place a fixed offer
·
Place a ceiling offer
The price displayed includes all taxes, excluding auction
fees.
4)
RIGHT TO WITHDRAW
Under the 2001-741 ruling of 23 August
2001 (art. 121-17 of the consumer code), remotely conducted, electronic public
auction sales of movables are excluded from the right of withdrawal.
In view of this, all bids placed and
all sales by auction are considered final.
Should the successful bidder cancel his
purchase, he immediately risks the closure of his BCAuctions internet account.
He will also be charged the minimum auction fee of €400 excl. VAT (€478.40 inc.
VAT).
5)
At the end of the auction, the buyer
receives an email (with invoice attached) from BCA informing him thathe is the successful bidder of the vehicle(s)
concerned.
The successful bidder must then pay the
auction sale price plus any auction fees at oneof the
three BCA centres (see addresses on website) in the three working days
following the auction.
The successful bidder may pay via bank
transfer or bank cheque.
In accordance with current regulations,
a cash payment may not exceed €1,100 for businesses or €3,000 for private
individuals.
Once payment has been made, the
original registration documents will be handed over along with the vehicle.
Should these documents not be available immediately, it may take up to two
weeks to obtain them. They will then be sent to the address you provided.
Should payment not be made within the
specified time frame, BCAuctions will be obliged to cancel the sale. The
successful bidder risks immediate closure of his BCAuctions internet account.
He will also be charged the minimum auction fee of €400 excl. VAT (€478.40 inc.
VAT).
Vehicles must be collected within a
maximum of four days from the date of the sale. Thereafter, parking costs will
be invoiced at a rate of €5 per additional day.
Vehicles may only be collected after
full payment has been made.
The buyer is responsible for insuring
the vehicle starting from the moment the hammer falls.
6)
AUCTION FEES: to be added to the
auction sale price in line with the table below (amount excludes VAT)
Auction fees for voluntary sales,
regardless of volume, represent 12% excl. VAT (14.35% inc. VAT) of the auction
sale price, with a minimum of €400 excl. VAT (€478.40 inc. VAT) and a maximum
of €1200 excl. VAT (€1435 inc. VAT).
These auction fees decrease on a
sliding scale depending on the volume of vehicles bought over the last three
months, in line with the following table :
|
Hammer price incl. VAT |
< 20 000 € |
> 20 000 € |
|||
|
Categories |
Purchases from the last three months |
Buyer fees (as a % of hammer price) |
Minimum |
Maximum |
Buyer fees (as a % of sale by auction) |
|
Gold |
> €30,000 incl. VAT |
6%
duty free (7.18% inc. VAT) |
300
€ duty free (359 € inc. VAT) |
600
€ duty free (718 € inc. VAT) |
3%
duty free (3.59% inc. VAT) |
|
Silver |
> €15,000 incl. VAT |
9% duty free (10.76% inc. VAT) |
350
€ duty free (419 € inc. VAT) |
900
€ duty free (1077 € inc. VAT) |
4.5%
duty free (5.38% inc. VAT) |
|
Classic |
No minimum volume |
12%
duty free (14.35%
inc. VAT) |
400
€ duty free (479 € inc. VAT) |
1 200
€ duty free (1435 € inc. VAT) |
6%
duty free (7.18% inc. VAT) |
·
Mechanical warranty
You
can take out a mechanical warranty at reception in any of our sales centres or
by consulting our partner organisation’s website: www.enchereassure.fr
·
Insurance
You
are responsible for insuring your vehicle before leaving any of our centres. It
is possible to take out insurance at reception in any of our sales centres or
by consulting our partner organisation’s website: www.enchereassure.fr
·
Transporting your vehicle
We
can pass on extremely competitive prices negotiated with numerous transportation
companies.
For pricing
information and approximate delivery times, you can email our logistics
department at: logistique@bcae-france.com
8)
RESPONSIBILITY
Only
persons with full legal capacity are authorised to register on this site.
Public auctions are reserved for adults only. ID will be verified upon payment
and delivery of the buyer’s vehicle.
The
responsibility of the BCAuctions company is limited to
providing the necessary means to ensure correct sale by auction procedure.
BCAuctions accepts no responsibility for either buyers or vendors.
Photographs and vehicle descriptions published on the site and during the
auction itself comply with legal regulations governing publicity for public auctions.
By validating the general conditions of sale, internet users are accepting both
these conditions and the auction fees.
All bidders have the right to access and modify their personal information held
on the site. Personal computerised files are submitted to the CNIL (French data
protection authority) in accordance with current legislation.
9)
VATRECOVERABLE ON VEHICLES AND
EXPORT
Vehicles on which VAT may be
recoverable are identified as such in the sales catalogue.
Current rate of VAT applicable to the motor
industry = 19.6%
(Austria,
Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany,
Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta,
Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden,
United Kingdom)
Private
individuals:
Businesses:
Upon
receipt of the CMR note (freight document) stamped by both the transportation
company and the buyer, we will reimburse your VAT by bank transfer.
Private
individuals:
Businesses:
10)
ATTRIBUTION OF JURISDICTION
The present general conditions must be
interpreted according to French law. In the case of any dispute, jurisdiction
is attributed to the competent courts of the domicile of BCAUCTIONS Head
Office.
Should this be contested, the
commercial court of Créteil will be considered
competent.