TERMS AND CONDITIONS

VP Auto is an auction company with an operating permit approved by Portugal’s Directorate-General for Economic Activity (DGAE - Direcção-Geral das Atividades Económicas). The company organises vehicle auctions and provides services relating to the logistics of said auctions.

1. DETAILS OF THE AUCTION COMPANY

Trade name: VP Auto
Corporate name: S.F.P.L. - Sociedade Franco Portuguesa de Leilões, Unipessoal Lda
Capital: €25,000.00
Registered in the Trade Register of Braga, Portugal, under the company ID number 515747920
Representative: François-Laurent Guignard, Tax Identification Number 301505977
Operating Permit issued by the DGAE: No. 145
Address: Estrada de Algeruz, Edifício Sintax, Apartado 515, Vale de Ana Gomes
2910-227 Setúbal - Portugal
Contact details: Tel: +351 308 800 274
Email: [email protected]
Website: https://vpauto.pt

2. AUCTION ACTIVITY

For the purposes of these Terms and Conditions, “Auction” means the form of sale in which goods are offered by the supplier to consumers, in person or remotely, through a transparent competitive bidding procedure, led by an auctioneer, in which the bidder who makes the highest bid above the stipulated reserve price shall be considered the winner and shall be obliged to purchase the goods in question. The auctions promoted by VPauto may be aimed at professionals or any kind of buyer, but shall always be public.

In order for a sale to be made, the word “sold” must be uttered by the auctioneer. Only after this indication from the auctioneer can the bidder who has submitted the highest bid be considered the winning bidder.

The auctioneer shall be the sole person who leads the auction and shall make the final decision on any matters relating to the auction procedure.

If, when the time comes to award a good under the auction procedure, a dispute arises between bidders, and it is considered that two or more bidders have simultaneously made equivalent bids, be it by speaking, or by making a sign, or via the internet, and claim the item at the time of the award, after the word “Sold” has been uttered by the auctioneer, the good in question shall immediately be auctioned again, with a reserve price identical to the bidders’ final bid, whereupon the bidders in question and any other interested parties may bid again.

Once the award is made, the winning bidder must arrange any legally required insurance. Winning bidders are advised to pick up their vehicles as soon as possible, in order to avoid handling and storage costs, for which they will be held liable.

3. APPROVAL AND ALTERATION OF THE TERMS AND CONDITIONS

In order to register for and take part in the auction, it is mandatory to accept these Terms and Conditions. This acceptance takes place when the user registers for an account on the website https://vpauto.pt, which is mandatory in order to be able to take part in an auction.

These Terms and Conditions are subject to alteration at any time. Whenever the Terms and Conditions are altered, it will not be possible to take part in auctions without first accepting the new Terms and Conditions.

Any substantial alteration to the terms and conditions of sale shall be communicated by email to users registered on the above-mentioned VPauto website.

4. REGISTERING FOR AN AUCTION

VPauto takes security measures in accordance with Portuguese auction regulations, as well as preventive measures to prevent and combat money laundering and terrorist financing. For this reason, VPauto must collect, among others, the following data and documents, which it will do via the online form provided for this purpose:

4.1. FOR NATURAL PERSONS

• - Copy of an identity document (ID card or residence permit – provide copies of the front and back – or passport – provide copies of the identification and signature pages);
• - Proof of address (less than 6 months old);
• - If a residence permit or passport is submitted, it must be accompanied by proof of the individual’s tax identification number;
• - If in the context of a commercial activity, tax documents proving that the individual is engaged in the corresponding business activity.

4.2. FOR LEGAL PERSONS

• - Copy of an identity document of each of the representatives of the legal person (ID card or residence permit – provide copies of the front and back – or passport – provide copies of the identification and signature pages);
• - Valid extract from the register of companies (the code must be available for consultation for at least 15 days after delivery).

These documents are necessary in order to access any auction procedure on the VPauto platform. They will be checked by S.F.P.L., which reserves the right to approve or reject the creation of the user account associated with each registration, without having to give the requesting party any explanation.
Once the validity period of the documentation provided has expired, VPauto may request that it be updated, using any contact information provided.
VPauto reserves the right to request any other document that proves relevant or necessary for the approval or identification of data necessary to comply with legal requirements.

5. PARTICIPATION IN AN AUCTION

It is possible to bid in the auctions via an online buy order, or to participate electronically, or in person in the auction room.

Regardless of the method of bidding used, once the award is made, the sale is irrevocable, and ownership must be transferred.

5.1. ONLINE BUY ORDER

The site enables users to issue a buy order in advance, via the website https://vpauto.pt, to be converted into a bid during the auction, always in accordance with the amount indicated by the bidder.

A buy order may be issued until the day of the auction, at any time before the auctioning of the vehicle in question begins. A buy order may be cancelled at any time up to midnight on the day before the auction in question. After that, the bidder waives their right to revoke.

The buy order only includes the amounts of the bids to be made (including sales costs, but not administration costs) for the desired vehicles.

Through the buy order, the bidder authorises VPauto to represent them on the day of the auction.

VPauto will make a bid on behalf of the buyer for the vehicle(s) selected by the buyer.

If the buy order constitutes the highest bid, and that bid is higher than the reserve price, it will be considered the winning bid, and the bidder will become the new owner of the vehicle. From the moment of the award, the sale and the resulting transfer of ownership are irrevocable.

5.2 ELECTRONIC PARTICIPATION

The auction is held live on the website https://vpauto.pt. Bidders already registered may, within the established time limit, submit their bid, which will be considered along with the other bids.

If the bid constitutes the highest bid, and that bid is higher than the reserve price, it will be considered the winning bid, and the bidder will become the new owner of the vehicle. From the moment of the award, the sale and the resulting transfer of ownership are irrevocable.

5.3 IN PERSON

The auction may be conducted simultaneously in a physical location with bidders present in person. Bidders already registered may, within the established time limit, submit their bid, which will be considered along with the other bids. If the bid constitutes the highest bid, and that bid is higher than the reserve price, it will be considered the winning bid, and the bidder will become the new owner of the vehicle. From the moment of the award, the sale and the resulting transfer of ownership are irrevocable.

6. SELLING PRICE

The possibility of bidding ends when the award is made, and the amount of the bid corresponds solely and exclusively to the price of the vehicle purchased.
An administration fee of €100.00 (one hundred euros) (including VAT) will be charged in respect of administrative costs arising from the auction procedure and the delivery of the vehicle to the buyer.
With the exception of services to be agreed directly (such as delivery of the vehicle to the place indicated by the buyer, if available), no fee will be charged for the auction.

7. VAT

For some vehicles, the wording “VAT: YES” will appear.

• - In this case, VAT is included in the sale price (at the legal rate applicable in the place in question: 23% in mainland Portugal, 22% in Madeira and 18% in the Azores).
• - An invoice will be issued, expressly indicating the amount of VAT to be paid.

For other vehicles, for which the wording “VAT: NO” appears, or no wording appears:

• - They will not be subject to VAT, and therefore, no document referring to VAT will be issued.

8. PAYMENT

8.1 PAYMENT METHOD:

• - Payment must be made by bank transfer (SEPA).
• - No other methods of payment, including cash, shall be accepted.
• - Payment for the car must be made within a period of 48 hours, exclusively by bank transfer from an account in the name of the buyer, in accordance with the identification details stated on the invoice issued by VPauto. The name of the bank account holder must be the same as the selected bidder or the person said bidder is representing.
• - The car will be delivered to the winning bidder by appointment only, after verification that payment has been made in full and all the documentation necessary for the administrative process has been filled in and submitted (including the documentation for the transfer of ownership and for compliance with legal obligations regarding money laundering and terrorist financing).

9. VEHICLE PICKUP

9.1 DELIVERY TIME

Delivery of the purchased cars must be made no more than 7 (seven) days after the auction.

Once this period has elapsed, parking costs will be charged at a rate of €10.00 (ten euros) plus VAT at the applicable legal rate for each additional day (the day of delivery of the car will be taken into consideration).
Once the period mentioned in this Clause has elapsed, VPauto may change the parking location of the sold vehicle to any yard at VPauto’s disposal, with no need for prior permission from the buyer.
Parking of the vehicle after the period indicated does not include any duty to guard the car.

9.2. VEHICLE WITH ONE OR MORE CRITICAL FAILURES

In the event of a vehicle with critical operating failures, VPauto recommends having the vehicle taken away on a flatbed truck or by a carrier.

10. TRANSFER OF OWNERSHIP AND DELIVERY OF THE REGISTRATION CERTIFICATE

VPauto will collect all the elements necessary to proceed to the sale of the car at the time of the award, acting as the agent of the seller of the vehicle.

The transfer of ownership will only take place after the price of the vehicle and the administration costs arising from the auction procedure have been paid in full. Delivery of the vehicle will only take place once the payments due have been made and the legally required documentation has been filled in, particularly that concerning transfer of ownership from the seller to the buyer. The bidder expressly recognises this procedure as a condition of their bid.

The administrative procedures for transfer of ownership may be performed via Third-Party Entities, notably with the partner Dekra. The partner is also required to conduct its business in accordance with these Terms and Conditions and shall remain subject to the data protection and confidentiality duties that exist between the Parties. The original documentation requested by VPauto must be sent to the addresses indicated, even if these are the addresses of a partner.

VPauto shall, directly or through one or more partners, ensure the submission of the vehicle ownership transfer request to the relevant motor vehicle registration department. Vehicles not destined to be driven on Portuguese territory may be subject to a different regime, without prejudice to the provision of the documentation necessary for transfer of ownership. The issue and sending of the registration certificate by the relevant registry is the exclusive responsibility of said registry, meaning that VPauto does not guarantee the issue of said certificate, the delivery or the time limits associated with each of these acts.

Whenever the vehicle is purchased with a foreign registration, VPauto will proceed with the necessary formalities and payments for importation and the allocation of a Portuguese registration in the buyer’s name. This procedure is dependent on third parties and public services, meaning that VPauto does not guarantee the delivery of the car within the aforementioned period of 1 (one) month. The costs necessary for the procedures mentioned are included in the price of the vehicle. The payment of the amount corresponding to the annual circulation tax is exclusively the responsibility of the buyer.

11. RIGHT OF WITHDRAWAL

In accordance with the provisions of Article 17 (1)(j) of Decree-Law 24/2014 of 14 February, VPauto will not accept withdrawal from the contract made at the auction. The buyer does not have the right to withdraw, and VPauto expressly does not give any consent in this regard.

12. INSPECTIONS AND EXPERT ASSESSMENTS – CONDITION OF THE VEHICLE

The technical inspections or expert technical assessments performed by authorised centres are displayed on the vehicles during the exhibition period and may be viewed and downloaded on the website.

Any repairs to the vehicle that prove necessary are the responsibility of the buyer, as is the submission of the vehicle to an inspection before its registration.

It is mandatory to read the documents concerning the condition of the vehicle before bidding in any auction.
It will be considered that all bidders have read the technical inspection documentation and the data made available following the specialist assessment performed.

13. LEGAL WARRANTY

13.1. Principle

In accordance with the applicable legislation (for the purposes of the certificate), consumers have a legal warranty of at least one year and a maximum of two years on used vehicles sold by a dealer.

13.2. DURATION OF THE LEGAL WARRANTY

The duration of the legal warranty is agreed at 12 months for all used vehicles sold in VP Auto auctions.
Any consumer taking part in these auctions as a bidder accepts the legal warranty period of 12 months.

13.3. DETAILS

This warranty may be demanded from the seller, but may be complemented by any Vehicle Protection Services VPauto may offer. We suggest you read the Terms and Conditions on this subject, available here: See the details of the Premium offer.

13.4. NON-RUNNING VEHICLES

Vehicles sold in the “Non-running” category are sold “as are”. These vehicles will not be subject to a technical inspection, expert assessments or any road tests. They may or may not contain critical failures that may or may not have been detected and advertised. VPauto will not accept complaints about these vehicles or offer any warranty on them.

14. PROFESSIONAL CIVIL LIABILITY INSURANCE

VPauto has insurance to cover any material damage caused to third parties arising from the actions or omissions of VPauto in the course of its activities, in accordance with the provisions of the laws on the auction business.

Insurance company: Hiscox S.A. - Company ID number 980595185)
Policy No: 2522368
Insured capital: up to €200,000.00.

15. CUSTOMER INFORMATION

In the event of doubts concerning the sale and the corresponding procedure, we advise you to contact the dedicated customer service department. This department can be contacted from Monday to Friday on the following number: +351 308 800 274.

16. COMPLAINTS

VP Auto provides direct channels for sending complaints, which may be submitted in the following forms:

• 1. A written complaint sent by email to: [email protected];
• 2. A written complaint hand-delivered or posted to head office;
• 3. A written complaint in the complaints book made available in physical format at the company’s head office, or in a digital version at https://www.livroreclamacoes.pt.

No complaints will be accepted by telephone. The complaint must be accompanied by supporting documents evidencing the issue in question (photographs, technical opinions provided by a professional, etc.). All requests for clarification and complaints will be answered in writing.

17. PERSONAL DATA

or the purposes of the Contract, any other expressions and terms relating to data protection must be interpreted in accordance with Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), as complemented by Portuguese Law No. 58/2019 of 8 August, by other national and/or European legislation, by interpretations and guidelines issued by European and national authorities, by standard clauses approved by the European Commission or by supervisory authorities, as well as by any relevant case law (jointly referred to as Data Protection Laws).

Under the Contract, each Party may have access to personal data of the signatories and/or representatives of the other Party to the sale, and such data will be processed for the purposes of managing the signature process, managing this Contract, and ensuring compliance with the legal and contractually applicable obligations. Said data will not be processed for any purposes other than those described in this Contract, and the Parties shall comply with the Data Protection Laws. The Parties hereby warrant that they have implemented appropriate technical and organisation measures to protect the personal data against loss, modification, theft or access by unauthorised third parties. Any omissions and/or inaccuracies in the data supplied by each Party is solely and entirely the responsibility of that Party.

The Parties may, if applicable, exercise their rights of access, rectification, objection, restriction, portability and erasure with regard to the data processing performed under this Contract, by sending a written request to the other Party’s postal/email address. Similarly, either Party may submit a complaint to the competent data protection authorities if it deems that a violation of the Data Protection Laws has occurred.

The personal data will be kept for the period necessary for the purposes for which it is collected and processed. Once the retention period is finished or the purposes for which the data was collected have been achieved, whichever happens first, the Parties shall proceed to erase the personal data. The data may be shared with any entities that work, in any capacity, with VPauto with regard to the subject matter of these Terms and Conditions, and the personal data will be retained for the duration of the contractual relationship between the Parties and/or for the additional period that proves necessary to comply with legally required retention periods and/or defend rights and interests in court.

18. APPLICABLE LAW AND FORUM

This civil/commercial Contract shall be governed by the applicable Portuguese and European Union legislation.
Any dispute concerning the interpretation or performance of this Contract is subject to the jurisdiction of the Courts of Lisbon, to the express exclusion of any other forum.