VPauto general conditions of sale

VPauto SAS is the operator of voluntary auction sales registered with the Council of Voluntary Sales; it organizes voluntary auction sales of lots, as well as the logistics.
Maître GUIGNARD, LE DORTZ and VEYRAC, licensed auctioneers, are authorised to organize voluntary auctions.

Participation in VPAuto SAS's voluntary auctions is subject to the Bidder's full, complete and unreserved acceptance of these General Terms and Conditions of Sale.

For there to be a sale, the word “Adjugé” (adjudicated) must be pronounced. In this case, the last and highest Bidder will be the Buyer. In the event of a dispute at the time of the auctions, i.e. if it is established that two or more Bidders have simultaneously placed an equivalent bid, either aloud, by sign or by internet, or claim to be the Buyer after the word "Adjugé" has been pronounced, the said object will be immediately relisted at the price proposed by the Bidders and the whole audience will be allowed to bid again.

For judicial sales, as soon as the lots have been awarded, the lots are under the sole responsibility of the Buyer. It is the responsibility of the Buyers to insure their lots, once awarded. Buyers are advised to remove their lots as soon as possible to avoid additional handling and storage costs. The auctioneer is not liable for any handling and storage costs.

participation in the auction

After an award in the auction room, the successful Bidder must submit to VPAuto staff:

sale price

Bids are placed including buyer’s fees.
Additional administrative fees are charged:
For combustion, hybrid, and electric vehicles sold without a battery health certificate: 125 € excl. VAT, i.e. 150 € incl. VAT.
For electric vehicles sold with a battery health certificate: 195.83 € excl. VAT, i.e. 235 € incl. VAT.
(See also the ELECTRIC VEHICLES section below).

Judicial sales: the judicial sale fee of 14.28% (legal rate) is included in the sale price. The costs of technical inspection or expert assessment are charged in addition (*).

VAT

For some vehicles, the word "VAT" appears: YES. VAT at the rate of 20% is included in the sale price and an invoice mentioning VAT will be issued.

For other vehicles, no document showing VAT will be issued.

online purchase order

The purchase order issued via the website allows VPauto to represent the Bidders on the day of the sale. VPauto will bid on behalf of the Bidders on the lot(s) they have selected.

The purchase order can be issued via the website until the day of the sale and the time of the vehicle's passing.

It can only be cancelled on the site before midnight, on the day before the auction sale.

This purchase order includes the amounts of the bids, the references of the desired vehicles as well as the information necessary to deliver the lot to the Buyer: his name, address, telephone number and email address. These contact details are necessary for the establishment of the certificate of sale.

The lump sum of €600 is retained per vehicle; It serves as a deposit for the desired vehicle(s) mentioned in the purchase order.

1st case, offer is outbid:
No debit will be made, and the transaction is cancelled.

2nd case, winning offer:
A deposit of €600 is debited at the end of the sale and is deducted from the total amount (fees included) to be paid before delivery.

Under no circumstances will the sum of €600 be refunded, and for any reason whatsoever: customer error, incorrect use of the site's features, misuse of the credit card, absence or misreading of the terms and conditions of sale, absence or misreading of the technical and/or administrative elements of the vehicle purchased, impecuniosity of the Bidder. Should a Buyer fail to pay a lot, VPauto reserves the right to proceed with legal recovery in the event that the resale price is lower than the initial sale price. This amount will be used to cover the costs that VPauto incurs for selling fees, cancellation fees and vehicle representation fees.

live auction

The bid issued via the VPauto.fr website commits the Bidder. If his bid wins the auction, he becomes the new owner. The transfer of ownership is then irrevocable.

1st case, offer is outbid:
No debit will be made, and the transaction is cancelled.

2nd case, winning offer:
A deposit of €600 is debited at the end of the sale and is deducted from the total amount (fees included) to be paid before delivery.

Under no circumstances will the sum of €600 be refunded, and for any reason whatsoever: customer error, incorrect use of the site's features, misuse of the credit card, absence or misreading of the terms and conditions of sale, absence or misreading of the technical and/or administrative elements of the vehicle purchased, impecuniosity of the Bidder. Should a Buyer fail to pay a lot, VPauto reserves the right to proceed with legal recovery in the event that the resale price is lower than the initial sale price. This amount will be used to cover the costs that VPauto incurs for selling fees, cancellation fees and vehicle representation fees.

payment

FOR A WITHDRAWAL ON THE DAY OF SALE (ONLY FOR PURCHASES UNDER €15,000):

FOR WITHDRAWAL AFTER SALE AND FOR PURCHASES OVER €15,000:

CASH
Cash payments are not accepted.

We reserve the right to deliver the vehicle only after full payment.

FOR JUDICIAL SALES
Only bank checks or wire transfers will be accepted.

PAYMENT DEADLINE
Payment must be made no later than 2 business days after the invoice is sent.

Provision and collection of vehicles

The delivery and collection of the vehicle will only take place once the perfect payment has been made. All vehicles must be removed no later than 14 days after the auction. After this period, it will be invoiced at €12.50 excluding tax, i.e. €15 including tax, per calendar day. No removal will be possible without payment of these security fees. The property will only be made available by appointment at least 48 hours before the D-day. In case of pick-up by road, the Buyer must present his driving licence and insurance certificate. The custody of the vehicle does not in any way engage the responsibility of VPauto. It is recalled here that the successful Bidder must ensure this as soon as the award is pronounced.

Delivery of the registration document

If the old registration document is not handed over when the vehicle is collected, it will be automatically sent by post within three weeks (to the address shown on the invoice).

Electric vehicles

Excluding vehicles sold without keys, damaged, hybrid, license-free, or two- or three-wheeled vehicles, electric vehicles are sold with an “AVILOO Flash Test” battery health certificate (https://aviloo.com/en/)

If the vehicle is not covered by AVILOO (see https://aviloo.com/en/vehicle-coverage), it will be sold with a “My Battery Health” report (https://www.mybatteryhealth.com).

The content of the “AVILOO Flash Test” and “My Battery Health” reports is provided for information only, remains the responsibility of their issuers, and does not engage VPauto’s liability.

Vehicles sold with a battery health certificate will be made available with at least 80% battery charge, unless declared non-running.

original import vehicles

These vehicles are not registered in France when they are put up for sale and are sold with a certificate of conformity (COC) and their original registration certificate.

These vehicles cannot be removed by road without prior registration with the National Agency for Secure Titles (ANTS).

The following documents will be required to obtain a registration certificate:

VPauto offers an original import vehicle registration service, for the price of €140 including VAT, excluding the cost of the registration certificate and any costs of technical inspection and repair costs necessary to obtain a favourable technical inspection report.

This service is mandatory for any vehicle:
Purchased by a private individual or self-employed, and intended to drive in France
And / Or
Whose Buyer wishes to take delivery by road pick-up.

The estimated time for sending the new registration certificate is 48 hours after submission of the complete file to the ANTS by VPAuto. The submission of the complete application to the ANTS is conditional on the full payment of the vehicle and the related costs.

Intra-European Union delivery outside France

For any vehicle purchased and intended to be delivered within a European Union country other than France, a fee of €35 excl. VAT (€42 incl. VAT) will be charged in addition to the indicated price and administrative fees.

Private customers cannot be invoiced with VAT exemption.

Professional customers must:

VPauto does not provide any documents beyond the invoice, the certificate of sale, and the vehicle registration certificate.

The document(s) justifying the intra-community delivery of the vehicle(s) must be submitted by the buyer to VPauto within a maximum of 90 days after the date of sale.

After this deadline, VAT will be due and paid to the French tax authorities.

Export outside the European Union

For any vehicle purchased and intended to be exported outside the European Union, a fee of €100 excl. VAT (€120 incl. VAT) will be charged in addition to the indicated price and administrative fees, for the collection and processing of supporting documents submitted by the client to recover VAT.

Clients – whether private or professional – must:

VPauto does not provide any documents beyond the invoice, the certificate of sale, and the vehicle registration certificate.

The document(s) justifying the export outside the European Union must be submitted by the Buyer to VPauto within a maximum of 90 days after the date of sale.

After this deadline, VAT will be due and paid to the French tax authorities.

transfer of ownership

VPAUTO SAS acts as the seller’s representative.

The adjudication results in the automatic transfer of ownership from the Seller to the Buyer. From that moment, the vehicle is under the Buyer’s responsibility. The Buyer is responsible for insuring the vehicle from the moment of adjudication.

The vehicle will only be handed over to the Buyer after full payment of the price and, where applicable, additional fees. Once adjudication is pronounced, no changes can be made.

The benefit of the sale is personal and cannot be transferred to a third party without the Seller’s prior express consent.

You must complete the administrative procedures in the event of vehicle registration. Buyer’s contact details will also be forwarded to the French Vehicle Registration System (SIV).

Right of withdrawal – general rule: As per Article L221-28 of the French Consumer Code, the right of withdrawal does not apply to contracts concluded at a public auction.

Right of withdrawal – “online” sale:
If the sale takes place without prior physical inspection or without a public audience, the right of withdrawal applies.

The Buyer has a period of 15 calendar days from the date of delivery of the vehicle, noting that delivery cannot exceed 3 business days from the date of adjudication.

To exercise this right, the Buyer must send a registered letter with acknowledgment of receipt to VPauto SAS, clearly stating their intention to withdraw and including the following documents:

technical inspection and expert assessment

The technical check-ups or “Expert Reports” conducted by approved centres are displayed on the vehicles during the exhibition and can be viewed and downloaded on the website. Any refurbishment is the responsibility of the Buyer, who must perform it and pass a follow-up inspection if necessary, before registering his vehicle.

It is mandatory to read these documents before taking part in the auction. All Buyers are deemed to have read the technical check-up or Expert Report.

VEHICLE WITH CRITICAL DEFECT (S): In case of a critical defect, we strongly advise that the vehicle be removed from a flatbed or by a carrier.

reservations and complaints

Any reservations or complaints concerning a vehicle sold by VPAuto must be legibly mentioned in writing on the release note, or the waybill/CRM. Failing this, the Successful Bidder is deemed to have accepted the vehicle as it is and is not entitled to assert any claim whatsoever.

Any road pick-up implies the unreserved acceptance of the vehicle by the Buyer without any right to claim.

In the event of reservations on the release note (or waybill/CMR), the Successful Bidder has a maximum period of 7 days and 100 km following the collection of the vehicle (as evidenced by the release note or waybill/CMR), and in any case a maximum period of 30 days after the date of the auction, to assert its claim to VPAuto. Failing this, the Successful Bidder is deemed to have waived the reservations mentioned at the time of collection of the Vehicle.

Any claim submitted to VPAuto by an automotive professional must be submitted via the form accessible by being logged in to the VPAuto website (My Orders / Complaint).

Any claim submitted to VPAuto must be accompanied by supporting documents.

In case of a vehicle request, the supporting documents requested are:

Any additional information requested by VPAuto must be sent so that the reservation or complaint is not dismissed.

VPAuto will not consider reservations and complaints relating to the following categories of vehicles:

Similarly, VPAuto will not consider reservations and claims relating to the following categories of elements:

In case of an admissible complaint, VPAuto reserves the right to appoint an independent expert to confirm the estimate of the repair costs.

In case of a claim leading to the cancellation of the sale by VPAuto, VPAuto will reimburse the Purchaser solely and exclusively for the amount of the vehicle and the sales and administrative fees paid by the Purchaser, to the exclusion of any other expenses.

The return of the vehicle will remain the sole responsibility of the Contractor.

Ex VGE vehicle:
Buyers are reminded that since the decision of the Court of Cassation (Cass. Civ 1, 30.11.2016, Z 15-27.935) the mention, ex VGE, of a vehicle that has been seriously damaged but which has been repaired according to the rules of the art and under the control of an expert, no longer has to be announced and did not constitute a deception or hidden defect.

insurance and guarantees

Possibility of 24-HOUR insurance (third-party liability insurance): see details of insurance offers
Insurance is mandatory to remove the vehicle and drive it (article K324-1 of the Highway Code and article L211-1 of the Insurance Code).
For on-site insurance subscriptions, only payments by cheque or cash are accepted.

VPauto SAS

Voluntary Sales of Vehicles at Public Auctions
Head Office: 277 Rue de Kerpont. ZI de Kerpont. 56855 CAUDAN Cedex
Tel: 02.97.76.62.00 - Fax: 02.97.81.37.60
Capital 2,000,000 euros - Accreditation: 2002.190
Intra-community number: FR66442496170

JUDICIAL SALES SINEQUAE

SALES SUDENCHERES AND EXESUD

Model withdrawal form to be completed or copied.

Cancellation of purchase (article L 221-18 et seq. of the Consumer Code)

I, the undersigned (Last name, First name) ....................................

Address ..............................................................................

Zip code ............... Town ..........................

requests the cancellation of my purchase hereafter and which I acquired as an individual:

Sale dated ....................................

Vehicle registration .........................

Made in .................. the ...........................

Signature

Withdrawal form to be sent completed and signed by registered mail with acknowledgement of receipt accompanied by all the supporting elements specified in the General Terms and Conditions of Sale, within 15 calendar days from the day of delivery.