GENERAL TERMS AND CONDITIONS OF SALE

PURPOSE

The below general terms and conditions of sale (GTCS) detail the rights and obligations of the Belgian limited-liability company (société à responsabilité limitée - SRL) VPAuto Belgium, registered in the Banque Carrefour des Entreprises (BCE) under the number 750.590.849, with its head office at 7180 Seneffe, Rue Alfred Nobel, without any police number (hereinafter “VPAuto”), and the buyer, as designated in the purchase order (hereinafter “the Buyer”), within the context of the public auction of automobiles (hereinafter “the Vehicles”). Any operation carried out by the Buyer shall be taken as indicating the Buyer’s unreserved acceptance of these general terms and conditions of sale.

VPAuto acts as an intermediary between the Seller of the vehicles (hereinafter “the Seller”) and the Buyer.

PUBLIC AUCTIONS

By virtue of Article I.8, 36° of the Belgian Code of Economic Law, public auctioning can be defined as a sales method whereby a company offers consumers goods or services through a transparent competitive tender procedure managed by a ministerial officer responsible for carrying out public auctions, which consumers attend or can attend in person, and at the end of which the successful bidder is obliged to buy said good or service.

For public auctions of vehicles, VPAuto calls upon the services of a court bailiff.

The public auctions organised online by VPAuto are monitored, recorded and located at the bailiffs’ office Etude des Huissiers de Leroy & Partners, avenue de la Couronne 358 à 1050 Ixelles, Belgium.

The bidding can be closed in two ways:
  • - In the absence of a successful bid, by proclaiming the word “Withdrawn”, which precludes the possibility of further bids and withdraws the lot from the auction
  • - If a successful bid is made, by proclaiming the word “Sold”, which precludes the possibility of further bids and confirms the sale of the lot. In this case, the lot shall be awarded to the last and highest bidder.

In the event of a challenge at the time of awarding the lot, that is to say, if it is established that two or more bidders have made an equivalent bid simultaneously, be it by speaking, or by making a sign, or via the internet, and both claim the item at the same time, after the word “Sold” has been proclaimed, the Bailiff may decide to re-auction the lot. This decision shall be imposed without any possibility of being challenged.

CONDITIONS FOR ACCESSING THE AUCTIONS

In order to take part in public auctions on the website https://vpauto.be, the Buyer must first create an account on the site and accept the general terms and conditions of sale.

CREATING AN ACCOUNT

Depending on their type, the Buyer must register on the page indicated and submit the requested documents to the VPAuto representative:
  • - For private individuals (https://vpauto.be/en/security/inscription ): valid proof of identity (identity card/passport) and proof of address less than 3 months old (energy bill, landline bill, etc.).
  • - For companies (https://vpauto.be/en/security/pro/register): an original registration certificate from the BCE less than 3 months old, and valid proof of identity of the director (identity card/passport). If the director is absent, a power of attorney signed by the director.

If these documents are not provided, VPAuto reserves the right to refuse a Buyer access to an auction. The Buyer obtains an access code and a password so that they can purchase vehicles online. The Buyer undertakes not to communicate the passwords and access codes to third parties. The Buyer is responsible for their access codes and undertakes to bear the consequences of any actions taken using said codes on the site. Access to the site and the services are provided on an “as is” basis and their accessibility is subject to availability.

APPROVAL OF THE TERMS AND CONDITIONS OF SALE

Approval of the general terms and conditions of sale is a prerequisite for creating an account. Approval of this stage indicates that the Buyer has read the general terms and conditions in full and expressly and unconditionally accepts them.

Each time the general terms and conditions of sale are updated, the Buyer must approve them again in order to continue to be able to make bids.

The general terms and conditions of sale can be viewed at the following address. https://vpauto.be/cgv

VEHICLE SALE PRICES

The bids made include sales fees.

The price displayed during the auction includes all taxes by default, including VAT at the rate applicable at the time the bid is made by the Buyer, and all other applicable taxes, and excluding (i) any transport costs, (ii) security costs, (iii) bank fees and (iv) administration fees in the amount of €35.00 excluding tax/€42.35 including tax if the Vehicle is destined for export (2021 value; may be modified at any time).

Administration fees of €82.64 excluding tax/€100 including tax (2021 value; may be modified at any time) are billed in addition.

VEHICLE DESCRIPTIONS

The Vehicles are exhibited before the auction on the dates and at the times indicated by VPAuto.

The vehicles put up for sale all undergo a technical evaluation of some kind: a Technical Inspection or an Expert Assessment:
  • - The “Technical Inspection” is an operation performed by an accredited Technical Inspection Centre, according to the applicable standards concerning regulatory Technical Inspections in Belgium. Every vehicle put up for sale in a public auction undergoes a prior Technical Inspection.
  • - The “Expert Assessment”, which involves assessing the vehicle while stationary and while in motion, includes technical inspections, mechanical inspections, and identification of the vehicle’s interior and bodywork defects. The Expert Assessment also reviews the comments made in the Technical Inspection with regard to any defects identified during said inspection.

The specifications for the “Expert Assessment”, as well as an exhaustive list of elements not covered by the inspections or checks, will be provided to Buyers by VPAuto upon request, and are also available on our website https://vpauto.be/fr/controles-mecaniques-bilan-expert

De voertuigversie is een handelsbenaming, en garandeert op zich niet de volledigheid van de uitrusting. De lijst van uitrusting staat vermeld in de beschrijving van het voertuig.

The Vehicle version is a trade name and does not in itself guarantee that all equipment will be present. The list of equipment is indicated in the vehicle description.

The “Technical Inspections” performed by accredited centres or the “Expert Assessments” are displayed on the vehicles when they are exhibited, and are available for viewing and download on the website.

It is mandatory to read these documents before taking part in an auction.

Every buyer shall be deemed to have read the Technical Inspection or Expert Assessment before making their purchase.
The cost of any repair work or counter-inspection shall be borne by the Buyer, who must carry out said repairs and, if necessary, subject the vehicle to a counter-inspection, before registering their vehicle.

VEHICLE WITH ONE OR MORE CRITICAL FAILURES: In the event of a critical failure, we strongly advise you to have the vehicle taken away on a flatbed truck or by a carrier

Vehicles sold in the “non-running” category are sold "as are”. These vehicles do not undergo a Technical Inspection, Expert Assessment or road test. They may feature unadvertised or undetected defects. VPAuto will accept no complaints concerning such vehicles.

In general, vehicles (lots) are put up for sale “as are”, complete with any imperfections or defects. The Buyer has a duty to view the lots properly, having visited the showroom and/or asked for any additional information prior to the auction, in order to form their own opinion of the state or description of the Vehicle.

VEHICLE VALUATION

The valuations displayed are intended as an indication only and cannot be challenged by the Buyer.

They are the values advertised by Argus (a subsidiary of Adevinta) and constitute the market value of the vehicle based on all similar advertisements on the local market, taking into account its age, mileage, finish and engine size. It is the fairest estimate of the vehicle’s value based on its specific characteristics.

Passenger car derivatives supplied with rear seats, be they reassembled or not, are presented with the same valuation as the passenger car from which they are derived.

Passenger car derivatives supplied with assembled rear seats and a certificate of compliance are presented as passenger cars.

LEGAL WARRANTY

Article 1649(4) §1 of the Belgian Civil Code stipulates that:

“The seller is answerable to the consumer for any conformity defect that exists at the time of delivery of the good and that appears within two years of said delivery.

The two-year time limit provided in the first paragraph of this provision is suspended for the time it takes to repair or replace the good, or in the event of negotiations between seller and consumer with a view to an amicable settlement.

By way of exception to the first paragraph of this provision, the seller and the consumer may, for secondhand goods, agree on a time limit of less than two years, but the time limit thus agreed must in no event be less than one year.”

By approving these general terms and conditions of sale, the Buyer accepts that the legal warranty period is one year.

Furthermore, the consumer has an obligation to report the conformity defect to VPAuto in writing no later than two months after observing the defect in question, and should they fail to do so, they will not be able to make any claims under the warranty.

BIDS FOR VEHICLES – BEFORE THE AUCTION

The buy order issued via the website enables the Buyer to appoint VPAuto to represent them on the day of the auction. VPAuto will make bids on the buyer’s behalf for the lot(s) the buyer has selected.

The buy order may be issued via the website until the day of the auction and the time at which the vehicle is auctioned. It can only be cancelled on the site before midnight on the day before the auction.

Between midnight on the day before the auction and two hours before the start of the auction, a request to cancel the buy order may be sent by email to the address info-be@vpauto.eu, specifying the file reference and the lot number of the lot to which the bid pertains.

After that, the Buyer is considered to have made an irrevocable commitment and can no longer retract their buy order if it wins the lot(s) in question.

LIVE AUCTION

Each time an auction session is opened, a window appears reminding the user that:
  • - Use of the “Bid” button constitutes a bid and is binding against the Buyer.
  • - The bids made include sales fees (administration fees are extra).

If the price offered by the Buyer is the highest bid, the Vehicle shall be awarded to the Buyer as soon as the auctioning of the lot in question is complete.

Each bid is made on a unitary basis. Under no circumstances can multiple bids be considered to constitute a “batch sale”.

BIDS FOR VEHICLES – AFTER THE AUCTION

At the end of a public auction, it remains possible to make a bid for any vehicle that has been withdrawn from sale:
  • - At a fixed price, which must in no event be lower than the reserve price
  • - By competitive bidding for the remaining time stated on each vehicle profile.

Each bid is time-stamped by the system.

At the end of the bidding period, the lot will be awarded to the highest bidder. If several bids are made at the same highest price, the lot will be awarded to the bid submitted first, according to the system’s time-stamp.

AWARD OF VEHICLES - TRANSFER OF OWNERSHIP

The contract of sale is concluded at the time the lot is awarded. The time of the award is stated in Brussels time and displayed in the confirmation email. The award results in the automatic transfer of ownership of the vehicle to the Buyer. From this moment on, the vehicle is the Buyer’s responsibility, meaning that the Buyer is responsible for insuring the vehicle from the time of the award.

The Buyer cannot, however, take the Vehicle away until they have paid the price in full, plus any applicable incidental costs.

The benefit of the sale is personal and cannot be assigned to a third party without the express prior permission of the Seller.

PAYMENT FOR VEHICLES

Payment for the vehicle must be made within 48 hours of the invoice being emailed to the Buyer, by bank transfer from the Buyer’s account only, as indicated on the invoice issued by VPAuto.

In the event of late payment, VPAuto may suspend all orders in progress for the same Buyer, without prejudice to any other course of action. In addition, flat-rate collection fees of €35.00 excluding tax/€42.35 including tax (2021 value; may be modified at any time) may be billed. These fees are payable within 48 hours of the invoice mentioning them being emailed to the Buyer.

Any amount not paid within the allotted time limit may result in the charging of conventional interest at a rate of 12% per year.

The Seller also reserves the right to bill €10.00 excluding tax/€12.10 including tax per vehicle per day for storage costs (2021 value; may be modified at any time) in the event that payment is not made within the contractual time limit and the Vehicle is taken away for reasons attributable to the Buyer.

In the event of non-payment of the entire selling price of a vehicle and/or of any applicable fees within the above-mentioned time limits, the contract may automatically be terminated without prior warning and without the prior intervention of a judge. In the event of such termination, VPAuto may refuse the Buyer any access to the Website and, by way of compensation, bill them a flat-rate fee equal to 5% of the sale price, with a minimum of €200.00 excluding tax/€242.00 including tax per vehicle.

If applicable, VPAuto reserves the right to claim full compensation from the Buyer for any harm suffered, including the difference between the cancelled bid and the resale price of the good, it the latter is lower.

The Buyer expressly agrees not to undertake any administrative registration formalities until the selling price and any additional fees have been paid to VPAuto in full. VPAuto will then send the Buyer the administrative documents pertaining to the vehicle, which are vital for normal use of the vehicle on the road.

PROVISION/COLLECTION OF VEHICLES

Once it has received full payment for the Vehicle, VPAuto will email the Buyer a collection voucher within 7 working days (except for certain sales, for which the timeframe may be 15 working days). This official collection document is mandatory for all storage yards and contains the details of how to collect the vehicles, which are specific to each vehicle storage yard.

From the moment the collection voucher is sent to the Buyer, the Buyer has no more than 10 working days from the Vehicle availability date mentioned on the collection voucher to collect the Vehicle from the address mentioned on the collection voucher. Once this period has elapsed, the Buyer may, after a written reminder, be charged storage fees in the amount of €10.00 excluding tax/€12.10 including tax per day (2021 value; may be modified at any time).

The carrier or person carrying out the collection must comply with the collection procedure indicated on the collection voucher and, in particular, contact the storage yard to confirm that the Vehicle is indeed present and schedule the collection date. VPAuto cannot be held liable for any costs incurred by the Buyer should the Vehicle be unavailable or if the storage yard has not been contacted by the Buyer or their agent within the time limit indicated on the collection voucher or the any other Vehicle collection conditions mentioned on the order form have not been respected by the Buyer, such that the Vehicle cannot be collected by the Buyer.

A Buyer or their agent who turns up without a collection voucher and/or without the appropriate equipment for accident-damaged vehicles will in any case be refused permission to collect the Vehicle. Without a collection voucher, vehicle collection is not possible.

If the vehicle is to be taken away by road, the Buyer or their agent must come with their registration plates and affix them at the time of delivery. If so requested when the collection appointment was made, VPAuto or its representative may affix the registration plates without additional cost to the Buyer.

Finally, VPAuto cannot be held liable for any damage caused to the Vehicle by the Buyer or their agent during collection of the Vehicle.

VAT

The vehicle details indicated in VPAuto’s invoice include one of the following indications with regard to VAT:

“YES”: VAT at the applicable rate is included in the selling price. An invoice including VAT is drawn up.

“NO”: VAT is not included in the selling price. No document mentioning VAT is issued.

EXPORT WITHIN THE EU - OUTSIDE THE EU - TAX-FREE PURCHASES
ADDITIONAL ADMINISTRATION COSTS OF €35 EXCLUDING TAX PER VEHICLE

A Buyer who wishes to buy a vehicle for export must contact our sales department before making any bids:
  • 1. To be informed whether or not it is possible to make a purchase exempt from VAT
  • 2. To be informed of the documents to be submitted.

For any vehicle purchased for export, VPAuto Belgium’s invoice will include a VAT deposit. An amount of €35.00 excluding tax (€42.35 including tax) will be charged in addition to the price indicated and the administration fees.

VPAuto Belgium will not provide an attestation or certificate of the EU or non-EU origin of the vehicle(s) destined for export.

The documents evidencing the export of the vehicle(s) must be submitted to VPAuto within 90 days of the date of sale.

Once this period has elapsed, the sale will be deemed to have taken place in Belgium and any VAT deposit charged will be transferred to the Belgian tax authorities.

OBLIGATIONS OF THE BUYER

As indicated above, the Buyer undertakes to pay the price determined at the time of the award within 48 hours of the invoice being emailed to the Buyer, and to take delivery of the vehicle within 10 working days of the availability date indicated on the collection voucher and of which it has been notified by VPAuto.

Once again, it should be noted that once the award is made, the vehicle is the responsibility of the Buyer, who undertakes to insure it against risks of loss or damage by accidental or other causes by means of an ad hoc insurance policy, and to provide evidence of such insurance to VPAuto at the first time of asking.

OBLIGATIONS OF VPAUTO

VPAuto has a best-efforts obligation and its liability is limited to its activity as an intermediary, organising and carrying out auctions on behalf of sellers.

In its capacity as an organiser of auctions, VPAuto can in no event be held liable to the Buyer for any obligations arising from the contract of sale that are incumbent upon the parties to the contract of sale, such as the warranty for hidden defects. The award is nevertheless made without prejudice to the rights the Buyer may enforce directly against the Seller, particularly under warranties applicable to the contract of sale of the Vehicle.

Each bid made and each award made is final, and no challenge is possible once the award has been made.

VPAuto undertakes to provide the Buyer with the administrative documents pertaining to the vehicle, which are vital for normal use of the vehicle on the road (registration certificate, in particular). Certificates concerning refrigerating units and insulted bodies are excluded from the administrative documents systematically provided by VPAuto.

For “Import” vehicles, the cost of first registration in Belgium shall be borne by the Buyer: Cost of registration certificate, including any environmental surcharges & cost of COC if not provided.

AFTER-SALES AND COMPLAINTS

The Buyer or their representative (agent, carrier) has an obligation to inspect the Vehicle when collecting it and to check its compliance with the description presented on the VPAuto website.

Any complaint must be submitted in writing, documented and sent to the address relationsclients@vpauto.eu

Any collection by road implies unreserved acceptance of the vehicle by the Buyer without any right to complain about its aesthetic features (with the exception of any reservations identified beforehand).

In the event of collection by a carrier, any reservations must be recorded on the delivery note or the waybill. The Buyer has a period of 48 working hours following the pickup of the vehicle to submit their complaint to VPAuto, again at the address relationsclients@vpauto.eu. Once that period has elapsed, the Buyer shall be deemed to have waived the reservations recorded on the delivery note or the waybill.

Complaints that meet the above criteria may be considered under the following conditions:
  • - If the anomalies concern elements not already mentioned by VPAuto in the Vehicle description and/or the expert valuation of the Vehicle.
  • - In the event of a difference in mileage between that evidenced by the provision of a photo of the milometer and that indicated on the invoice or the documents accessible at the time of sale of the Vehicle.
The Seller and VPAuto cannot accept complaints in any of the following cases:
  • - Complaints about vehicles put up for sale in “Accident-damaged vehicles” or “Non-Running vehicles” or “Budget-price” or “Low-price” auctions, which are sold as are, with no inspection or assessment.
  • - Complaints concerning mechanical components for all vehicles:
  • -- that have over 160,000 km on the clock.
  • -- that are over 8 years old.
  • - Complaints about mechanical wear parts.
  • - When repairs have been undertaken on the Vehicle by the Buyer without the agreement of VPAuto.
  • - For vehicles stored at VPAuto centres that have undergone an Expert Assessment or Technical Inspection, mechanical problems will not be taken into account.

VPAuto, in its capacity as intermediary between the Owner and the Buyer, will not be bound by any warranty to the Buyer.

The Seller shall, in conjunction with VPAuto, make a decision on the outcome of the complaint. For each file, the Owner may decide of their own accord to take back the vehicle and reimburse the Buyer, or propose a financial settlement. VPAuto shall employ its best efforts to find a solution between the parties.

The costs involved in transporting a cancelled vehicle shall be borne exclusively by the Buyer.

As indicated, in its capacity as an organiser of auctions, VPAuto can in no event be held liable to the Buyer for any obligations arising from the contract of sale that are incumbent upon the Seller of the Vehicle. Thus, particularly in the event of a hidden defect duly recorded in an expert assessment, the Seller must be considered solely responsible.

NO RIGHT OF RETRACTION

For public auctions, there is no right of retraction for any reason whatsoever once the award has been made, in accordance with Article VI.73, 11° of the Belgian Code of Economic Law. (Off-premises sale).

For public auctions concluded through a remote communication method (via the internet), the consumer does not have a right of retraction, in accordance with Article VI.53, 11° of the Belgian Code of Economic Law.

TERMINATION OF THE CONTRACT

If VPAuto does not make the Vehicle available within 30 days following the payment of the Vehicle’s price, the Buyer may cancel the sale by registered letter with a form for acknowledgement of receipt. However, the Buyer cannot exercise this right to cancel if the delay in making the vehicle available is due to a case of force majeure.

This termination results in:
  • - The return by the Buyer of all documents concerning the vehicle that have already been provided by VPAuto (including the registration certificate)
  • - The return by VPAuto of the payment made by the Buyer within a period of no more than three working days, after the return of the documents by the Buyer.

MISCELLANEOUS PROVISIONS

Should one of the stipulations of these general terms and conditions be considered null and void, inapplicable or unenforceable, particularly with regard to the warranty exclusions and limitations of liability, the other stipulations shall remain valid, applicable and enforceable. The parties nevertheless agree that in such an event, they will negotiate in good faith to try to agree on a replacement stipulation that reflects the initial intentions of the parties.

It is expressly agreed between the parties that this contract shall be governed by and subject to Belgian law. The sale of vehicles via the Website is exclusively governed by the French version of the general terms and conditions of sale. Versions of these general terms and conditions of sale in languages other than French are provided for convenience’ sake only. In the event of discrepancies between the French version and the other versions of the general terms and conditions of sale, the French version shall prevail. In addition, these general terms and conditions shall prevail over any contractual conditions established by the Buyer.

The French-speaking courts of the district of Brussels or the district of the place where VPAuto’s head office is located shall be the only courts competent to rule on any disputes as to the validity, interpretation or execution of these general terms and conditions of sale or any vehicle sale contract.

Insofar as is necessary, VPAuto and the Buyer expressly exclude the application of the Vienna Convention of 11 April 1980 on the International Sale of Goods.