VPauto general conditions of sale

vpauto general terms and conditions of sale
applicable from 01 august 2024

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:

- For individuals: a valid identification document (CNI/passport) and a means of payment (cheque, credit card).

- For companies: an original company registration document, a valid identity document of the manager (CNI/Passport), and a means of payment (cheque, credit card). In the manager's absence, a power of attorney signed by the manager.

sale price

Auctions are included in the sales fees.
An administrative fee of €125 excluding tax, or €150 including tax, is charged in addition.

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):

- Either a "normal" cheque accompanied by proof of solvency issued by your bank, dated less than 3 days, covering the amount of the transaction: stamp, date and signature of the bank as proof.
- Either a cashier's cheque> Or by credit card: Subject to the payment limit authorized by your bank.

FOR A WITHDRAWAL AFTER THE SALE AND FOR PURCHASES OVER €15,000:
Only payments by bank transfer will be accepted. Delivery of vehicles by appointment only, upon receipt of full payment.

CASH
Cash payments are not accepted.

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

(*) For judicial sales, only payments by cashier's cheque or bank transfer will be accepted.

Payment for the vehicle must be made within 48 hours by transfer exclusively from the Buyer's bank account, as indicated on the invoice issued by VPAuto.

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).

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:

- The "Application for a vehicle registration certificate" form (cerfa n° 13750*07)

- For a natural person or sole proprietorship:
1/ Valid proof of identity
2/ Proof of address
3/ Proof of driving licence matching the category of the vehicle

- For a legal person:
- Industrial, commercial or civil legal person:
- extract K bis or L bis from the Trade and Companies Register, dating back less than two years, or extract from a newspaper of legal announcements dating back less than two years.
- Persons with legal personality (associations, trade unions, professional civil partnerships):
- articles of association or any other document proving their legal existence showing the name of the person in charge and the address of the body as well as proof that they have been declared to a prefecture or sub-prefecture or recognised by an administration, a court or a professional body.

- For everyone:
- The original registration certificate, or, if it has been withdrawn by the administrative authorities of the country of origin, either an official document proving the origin of ownership of the vehicle or certifying that the registration certificate has been withdrawn, or a valid international motor vehicle certificate issued by these authorities.
- The certificate of transfer or an invoice drawn up by the seller.
- Proof of a technical inspection for vehicles whose age and categories make them subject to this obligation.
- A tax certificate for a vehicle from a member state of the European Union, except for an agricultural or forestry vehicle, a trailer and a semi-trailer.
- A customs clearance certificate 846 A issued by the customs services for vehicles coming from a country outside the European Union.
- In the absence of a registration certificate in accordance with the provisions of Directive 1999/37/EC: a certificate of conformity to the Community type-type or a certificate of vehicle identification issued either by the manufacturer or its representative in France or by the DREAL, or an individual approval report drawn up by the DREAL.


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.

export

Persons looking to buy a vehicle for export should contact our sales department before placing a bid:

1. to be informed whether they are eligible to purchase a vehicle exempt from VAT.
2. To be sent the documents to be provided.

For any vehicle acquired and intended to be exported within the European Union, the sum of €35 excluding tax (€42 including tax) will be invoiced in addition to the price indicated and the administrative fees.

For any vehicle acquired and intended to be exported outside the European Union, the sum of €225 excluding VAT (€270 including VAT) will be invoiced in addition to the price indicated and the administration fee.

VPauto will not issue a certificate or certificate on the Community or non-Community origin of the vehicle(s) intended for export.
The documents justifying the export of the vehicle(s) must be submitted to VPauto within a maximum of 90 days after the date of sale.
After this period, the sale will be deemed to have been made in France and the VAT deposit, if applicable, will be paid to the French tax authorities.

transfer of ownership

VPAUTO SAS acts as the agent of the seller of the property.

The transfer of ownership takes effect, in accordance with the law, after full payment and delivery of the property. This cannot be taken back by VPauto for any reason whatsoever.

You will have to conduct the administrative procedures in case of registration of the purchased property. At the same time, the contact details of the successful Bidder will be transmitted to the SIV.

Right of withdrawal: principle: It is recalled here that in public auctions, there is no right of withdrawal once the auction has been pronounced, for any reason whatsoever.

Right of withdrawal: "online sale”
When this sale is carried out without prior exhibition or without the presence of a physical public at the auction, the right of withdrawal is possible.

The successful Bidder has a period of fifteen calendar days from the day of delivery of the vehicle, bearing in mind that, given the specificities of the auction, this cannot be carried out beyond a maximum period of 3 working days from the date of the auction.

To exercise this right, the successful Bidder must send a registered letter with acknowledgement of receipt to VPauto SAS, this letter expressing unambiguously, its desire to withdraw and attaching to its request the elements allowing it to be identified:

- Purchase invoice
- Copy of the vehicle registration document
- Other documents provided at the time of purchase
- Bank details
- Completed form (model attached below)

This right of withdrawal can only be fully exercised on condition that all the documents accompanying the vehicle at the time of the auction are returned at the latest at the same time as the vehicle is handed over.

The costs resulting from the return of the vehicle are the responsibility of the successful Bidder.

The vehicle must be returned in the condition in which it was on the date of acquisition and at the latest within fifteen days of the date of sending the registered letter with acknowledgement of receipt.

The costs of restoring the returned vehicle, if it has been damaged and/or involved in an accident or if a breakdown occurs as a result of misuse of the vehicle by the successful Bidder, shall be borne by the successful Bidder. In case of disagreement, an expert may be appointed by the parties.

If the mileage travelled by the vehicle exceeds one and a half times the total theoretical mileage between the delivery point and the successful Bidder's address, the amount of the excess mileage will be invoiced at the price of one euro (including VAT) per kilometre.

VPauto SAS will reimburse the successful Bidder within seven calendar days of receipt of the vehicle, minus, if applicable, the various amounts related to repair costs and excess mileage costs.

Right of withdrawal: "online" sale with prior exhibition
These sales with prior exhibition or in the presence of an audience are not subject to the right of withdrawal.

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:

- Wide-angle photo
- Photo counter
- Illustrative photo
- In case of an aesthetic complaint: Release voucher with reservations, quote or estimate
- In case of a mechanical complaint: Network diagnosis

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:

- Vehicles sold non-operational.
- Vehicles sold involved in accidents.
- Vehicles with a starting price of less than €4,000.
- Vehicles over 10 years old.
- Vehicles with more than 180,000 km.
- Vehicles that have been repaired and/or modified after the sale without VPAuto's prior agreement.

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

- Elements related to a defect found on the technical inspection.
- Elements related to a defect found on the description sheet.
- Items considered to be wear parts or related to obsolescence.
- Starting/service/traction battery components.
- Bodywork, interiors or engines whose refurbishment costs less than €350.
- Interior elements and/or comforts related to standard or optional equipment.
- Missing elements (hubcaps, antennas, carpets, secondary keys, manuals, GPS map, spare wheel kit or puncture protection kit, anti-theft nuts).
- Mechanical or electronic complaints relating to problems that have been the subject of a consumer recall by the manufacturer. (For more information on consumer recalls, please see https://rappel.conso.gouv.fr/.
- Vehicle maintenance claims.

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.

For any information about Car Protection Services' offers, contact : 09.70.77.28.59.

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


TC Judicial Sale Sinequae

SALES SUDENCHERES AND EXESUD


CGV Sale Sud-Enchères 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.