SALES CONDITIONS Live on Line
BCAUCTIONS agrément (consent) n°2002-294
J.M. BREMENS - C. BELLEVILLE - D. PONCET - A. COURAU
(Auctioneers qualified to direct the sale)
www.bca-online.fr is a public on-line
distance auction site for movable property. It conforms to the legislation in
force in France about public auctions, and more particularly to law n°2000-642 of
10th July 2000. It belongs to BCAuctions, a free sales company
certified by the Conseil des Ventes Volontaires (Free Sales Council) for public
auctions under N° 2002-294.
SALES BY INTERNET
The internet user who signs up on the site
with the aim of making bids on the lots they hope to acquire is referred to as
bidder.
The internet user who makes the best bid by the end of the auction period and
to whom the object is knocked down is referred to as purchaser.
Payment and delivery for the purchased vehicles take place in three BCAuctions centres: Bonneuil sur Marne (94), Bron (69) and Bordeaux (33). For more information about the sales centres, please consult our web site on www.bcae.net
Each Internet user who would like to participate in sales should sign up on the
site, giving their identity and bank card number. To validate their inscription,
the visitor must first accept the present general conditions for using the site.
Any false declaration would bind them at their own responsibility.
The Internet user’s banking details are checked by using a secure banking site.
The personal data provided will not be divulged to third parties, either
natural persons or legal entities.
If the inscription is accepted, BCAuctions will
send the purchaser a confidential personal code by email provided that the
email address provided by the buyer during inscription proves correct. The
confidential code permits the making of bids. Revealing this personal code to
somebody else makes the buyer responsible for the consequences.
Preparatory expenses amounting to 150€ are charged on the Internet user’s bankers
card when they become a purchaser.
In the event of the sale being cancelled by the purchaser, they will instantly
be liable to the closure of their account without return of the 150€ for
preparatory expenses.
Only people having full legal responsibility for their actions are authorised
to sign up on this site.
Public auctions are restricted to adults. An identity check will be carried
out during the payment and delivery of the vehicle to the purchaser.
The legal liability of BCAUCTIONS is
limited to providing necessary means for the efficient functioning of the auction
sale.
BCAUCTIONS denies all responsibility for the actions of purchasers or sellers.
Displaying photographs and descriptions of vehicles on the site, even during
the auction sale itself, is considered to be an advertisement which must obey the
legal requirements for public sale.
The act of having validated the general sales conditions implies their
acceptance as well as acceptance of sales expenses.
Each bidder will have the right to access and modify their personal data on the
site. Computerised personal files are declared to the CNIL in accordance with
current legislation.
HOW SALES TAKE PLACE
BCAUCTIONS puts nothing up for auction on the site http://www.bca-online.fr except second-hand vehicles.
BCAUCTIONS retains the possibility of removing any vehicle about which there is a dispute or litigation from sale after the start of bidding.
Descriptions and reproductions on the site are
the property of BCAUCTIONS and may not be reproduced for commercial
purposes without the express authorisation of their owner or those having
rights over them.
Only the inscribed Internet user may make one or more bids. The time set for
the auction sale is displayed on the vehicle file.
The difference between bids laid down by BCAUCTIONS can vary from 50€ to 200€ (all
tax included) and may not be a lesser sum.
The mere fact of bidding, and confirming their bid, binds the bidder and makes
them the owner of the vehicle from the moment of auction sale, if no other
superior bid was made against them.
The bidder may make a single bid or an order for automatic bids.
The single bid is inevitably equal to the price accorded to the first bid plus
at least 100€ (all tax included). The amount of the highest bid is shown on
the vehicle file. In the event of two bidders making the same bid, it is the earlier
which prevails.
The bidder may place an order for automatic bids. He then states the maximum
sum for his bid. An automatic bid is inevitably for a sum greater than the bid
which is under way. The site www.bca-online will, if necessary, automatically
make a bid superior to the bid in progress up to a ceiling chosen by the bidder.
The automatic bid remains secret from the other bidders. If the bidder who has
made the automatic bid is the purchaser at a price inferior to his maximum sum
of his automatic bid, this maximum sum will remain secret.
In the event of two bidders making the same automatic bid, it is the first who prevails at the maximum level of the bid.
BCAUCTIONS retain the right to refuse any bid which seems doubtful to them, for whatever reason.
The seller is not allowed to make bid on a
lot which belongs to him.
The bidder, even when they are acting as intermediary, is considered to be
working on their own account and under their own responsibility.
Each bid must be confirmed, as it is liable to cause a sale for the benefit of
whoever placed it (in conformity with the legislation for confidence in the
numerical economy).
Users’ attention is drawn to the fact that the display of bids on the screen
may appear later than in universal time according to the state of their
Internet user’s computer connection. The sale is presided over by one of the certified
auctioneers at BCAuctions.
Property transfer is made under the full force of law during the sale by
auction, and its object is from that moment the responsibility of the purchaser.
Unlike ordinary electronic commerce sites, it is the sale by auction rather
than the payment which validates the purchase.
Public auction sales of movables at a distance by electronic means are
explicitly excluded from the field of law of withdrawal by ordinance 2001-741
of 23 August 2001 (art 121-17 of the Consumer Code).
Because of this principle, each bid and each auction sale are immutable.
In the event of the cancellation of the sale by the purchaser, they will be
immediately liable to the closing of their account on the site as well as the
debiting of the sum of 150€ for preparation expenses.
The vehicle is put up for sale in euros (all tax included) to the highest
bidder (excepting sales expenses).
Sales expenses are 12% (all tax included) + 150€ (all tax included) for preparation expenses, with a ceiling at 1 470€ for vehicles sold for more than 11 000€.
VAT at the rate of 19.6 % is included in
the sum of the sale by auction and the sales expenses.
If the words “VAT Recoverable: Yes” figure on the vehicle file, tax-paying
purchasers will be able to recover it. Otherwise, no mention of VAT will be
made on the acquirer’s slip; it will not be recoverable.
You must settle in one of our centres the amount o the auction sale plus the
sales expenses and the preparation expenses (see the paragraph above) within 3 working days.
You may settle by bank transfer or cheque (the cheque has to be confirmed by a written confirmation from the bank).
In conformity with regulations in force, payment in cash may not exceed 1 100 € for a commercial business and 3 000 € for an individual purchaser.
Once payment has been made, the administrative documents will be provided with the vehicle. Failing this, a period of 15 days (2 weeks) may be necessary to obtain them. They will then be sent to the address which you have indicated.
Failing settlement within the assigned period and response to reminder emails, the purchaser is instantly liable to the closure of their account on the site as well as the debiting of the sum of 150€ for preparation expenses.
The purchaser is the owner and is responsible for their purchase from the time
of the sale by auction.
The maximum period for removing the vehicle is one week from sale date. Thereafter,
parking expenses will be charged (5 € a day extra).
The removal of the vehicle may not take place before total settlement for the purchase.
Responsibility for insurance is with the purchaser from the moment of sale onwards.
GAURANTEE YOUR PURCHASE
For most vehicles sold, you will have the chance to subscribe to a post-sale guarantee.
You can obtain all necessary information in applying to reception at your Sales Centre or by consulting the Internet site of our partner www.enchereassure.fr
INSURE YOUR PURCHASE
Before leaving with your vehicle, it is your responsibility to insure it.
If you wish, we may help you contact our insurer who will suggest the best rates for a temporary insurance.
You can obtain all necessary information in applying to reception at your Sales Centre or by consulting the Internet site of our partner www.enchereassure.fr
We may help you take advantage of the rates we have negotiated with many haulage contractors.
If you wish, we can organise your transport for the vehicles bought at BCAuctions.
To obtain a price list, please make your request by e-mail to l.sadoudi@bcae-france.com
NEW GREY CARD
A sales certificate will be sent to the purchaser, which will allow them to
drive in the purchased vehicle.
Within 15 days (2 weeks), they will receive by regular post the necessary
documents for obtaining their new Grey Card.
EXPORT
Recoverable VAT
The vehicles with recoverable VAT are marked as such in the sales catalogue.
VAT rate in force in the automobile sector = 19.6 %.
(Austria, Belgium, Bulgaria, Czech Republic, Cyprus, Denmark, Estonia, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Low Countries, Luxembourg, Malta, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom)
Individuals:
Professionals:
On receipt of the CMR (transport certificate) stamped by the haulage contractor and the purchaser, we will repay you the VAT by bank transfer.
Individuals:
Professionals:
The present general conditions must be interpreted according to French law. For
all litigation, jurisdiction is attributed to the competent courts for the head
office of BCAUCTIONS.
In the event of dispute, the tribunal de commerce (Commercial court) of Créteil shall be considered competent.
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