Live
Online CONDITIONS OF
BCAUCTIONS licence n°2002-294
J.M.
(Certified auctioneers)
In addition to physical auctions taking
place in its three centres across France (Paris, Lyon and Bordeaux), as well as
its 100% electronic auctions (see
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 its sales conducted by certified auctioneers.
1)
INTERNET SALES
The internet user registering on the site intending to place
bids on lots he wishes to acquire is called a bidder.
The highest internet bidder at the end of the bidding period and who wins the
item is called the successful bidder.
Purchased vehicles are paid for and
delivered at one of BCAuctions’ three centres: Bonneuil sur Marne (94), Bron
(69) and
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. These login details allow users to place bids.
The internet user is held solely responsible should this code be divulged to a
third party.
An amount of €400 excluding VAT (€478.40
inc. VAT) corresponding to the minimum auction fee will be debited from 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 sale). 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
BCAuctions puts only used vehicles up for
auction on http://www.bca-online.fr.
BCAuctions reserves the right to
withdraw, at any point during the auction, any vehicle believed to be involved
in a controversy or dispute.
The descriptions and illustrations appearing on the website are
the property of BCAuctions and may not be reproduced for commercial purposes
without the express permission of their owner or other eligible parties.
Only registered internet users are able to place one or more bids. The time of
sale by auction is the
The bid increment set by BCAuctions most often varies between €50 and €200 inc.
VAT, and cannot be less than €50 inc. VAT.
Placing and confirming a bid commits the bidder and makes him the owner of the
vehicle when the hammer falls, if no other bid higher than his own has been
placed.
The bidder may place an individual bid or a series of automatic bids.
The individual bid is systematically equal to the starting price for the first
bid then greater by a minimum of €50 inc. VAT. The amount of the highest bid is
displayed on the vehicle’s information sheet. In the event where two bidders
place the same bid, the first bid prevails.
The price displayed includes VAT and excludes auction fees.
The bidder has the option of placing a series of automatic bids.
He sets his own maximum bid amount. The automatic bid must be for an amount
greater than the current bid. Live Online will, if necessary, automatically increase a bid to an amount
higher than the current bid, until it reaches the bidder’s maximum amount.
The automatic bid remains hidden from other bidders. If the bidder placing
automatic bids is successful with a price lower than his maximum bid amount,
this maximum bid amount will remain hidden.
In the event where two bidders place the
same automatic bid, the first bid prevails at the maximum bidding level.
BCAuctions reserves the right to refuse any bid of suspect
nature, regardless of the reason.
The vendor is not authorised to place bids on any lot belonging to him.
The bidder is held to act in his own interests and engages his own
responsibility, even when acting as an intermediary.
All bids must be confirmed, since any bid may result in a sale by auction in
favour of the person placing it. (In accordance with the legislation on
confidence in the digital economy).
Users should note that bids appearing on their screen may
not be synchronised with universal time, depending on their computer’s
configuration.
The sale by auction is announced by one of BCAuction’s certified auctioneers.
Ownership is transferred as of right when the hammer falls, from which moment
the item becomes the responsibility of the successful bidder. In contrast to
traditional electronic commercial sites, the purchase is validated by the fall
of the hammer as opposed to by payment.
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 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).
At the close of the auction, the buyer
receives an email (with invoice attached) from BCAuctions informing him that he
is the successful bidder of the vehicle(s) in question.
The successful bidder must then pay the
auction sale price plus any auction fees at one of BCA’s three centres (see
addresses on the website) in the three working days following the auction.
Payment may be made either by bank
transfer or by 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 registered.
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.
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) |
350
€ duty free (419 € 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
Only persons with full legal capacity are authorised to register
on this site.
Public auctions are reserved for adults only. ID will be verified when the
vehicle is paid for and delivered to the buyer.
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.
2)
RECOVERABLE VAT ON VEHICLES TO BE EXPORTED
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:
The present general conditions must be interpreted
according to French law. In the event 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.