(This is a translation of the Spanish General Terms and Conditions, this translation is not valid for legal claims or requeriments. Only the Spanish text is valid for this purpose).
THE BUYER/VENDOR, by means of this document DECLARES TO KNOW AND ACCEPT the General Terms of SALE-PURCHASE in an Auction of the Corporation BCA ESPAÑA AUTOSUBASTAS DE VEHÍCULOS, S.L., with corporate registered office in Madrid, calle Sagasta n° 15, and Corporate Tax Number (C.I.F.): B-92091404 (henceforth, BCA).
All persons, individuals and/or legal entities, which intervene in the auctions as buyer/vendor acknowledge and accept each and all the clauses of these General Terms, understanding that said terms are of mandatory fulfilment. The infringement of all or any of these clauses will empower BCA to hinder the access to the BUYER/VENDOR to participate in their auctions regardless in a physical or on-line way.
All the vehicles bought/sold in the auctions system of BCA España Autosubastas de Vehículos S.L. shall be subject to the these General Terms.
These General Terms will be facilitated to all the interested parties when they request it, free of charge. Likewise, they will be exhibited in visible locations of the BCA facilities and in their web page: www.bca.com
1. Definitions and interpretation of concepts
1.1. BCA is BCA España Autosubastas de vehículos S.L., which uses the registered trademark of BCA, which organizes and supervises the auctions of vehicles and offers other services related to their marketing.
1.2. Auction: the offering of vehicles by BCA for auction, whereby auctions will be held online via the various auction platforms used by BCA and via physical auctions at BCA premises or nominated third party sites.
1.3. Bid: the offer amount Euros which has been received by BCA for a vehicle and which BCA has confirmed with the bidder.
1.4. Auctioneer: employee or representative of BCA, who operates and supervises the auction.
1.5. Bidder: person who makes an offer for a vehicle at any moment of its auction.
1.6. Reserve price: minimum price intended by THE VENDOR.
1.7. Vendor: owner or his representative, properly accredited, who registers his vehicle in order to be auctioned.
1.8. Buyer: awardee of the vehicle.
1.9. Auctioned lot: any type of asset presented in an auction, including the light or heavy motor vehicles, the motorcycles, campers, tractors or other vehicles. Presented to the auction with a specific number.
1.10. Fees: The standard fees for BCA’s regular services:
1.10.1. Acquisition fee or purchase commission: amount owed to BCA by THE BUYER, in reference to each vehicle purchased in an auction and according to the rates in force.
1.10.2. Admission fee: amount owed to BCA by THE VENDOR corresponding to each vehicle admitted in the auction.
1.10.3. Sales commission: amount owed to BCA by THE VENDOR corresponding to each vehicle sold in an auction.
1.11. Award value: amount owed to BCA by THE BUYER corresponding to each vehicle acquired in a specific auction. Highest bid reached in an auction once the reserve price has been reached or it is accepted by THE VENDOR.
1.12. Sales price at hammer: highest bid offered in an auction for a specific lot, which represents its award value and consequently, it constitutes a definitive sale.
1.13. Value Owed by Buyer: this corresponds to the value which the buyer must pay for a specific lot, comprised by the sum of the award value, the acquisition fee and the price of the other services contracted from BCA like transport costs, as well as all the taxes and fees owed to the State or to any other public entity as the consequence of the sale-purchase of a lot.
1.14. Vehicle: any item presented and displayed by BCA on its auction websites or other sales documentation, or any item sold by BCA, consisting of passenger vehicles, commercial vehicles and other moveable property and components.
1.15. Vendor: the original owner of the vehicle being offered for sale at the BCA auction.
1.16. Vehicle file: form which THE VENDOR must complete and sign which describes all the data related to the vehicle which he wishes to auction.
1.17. Registration file: form which all the customers must complete, regardless whether they are vendors or buyers interested in participating in a specific auction.
1.18. Definitive sale: A vehicle shall be considered as sold when the value of the bid is equal to or exceeds the reserve price.
1.19. Provisional sale: When the value of the highest bid made for a specific vehicle fails to reach the reserve price, the sale shall be considered as a provisional sale. BCA shall inform the bidder and the vendor of this situation with the aim to reach an agreement for the price which permits the formalization of the sale-purchase.
1.20. Value Owed by the Vendor: this corresponds to the value which THE VENDOR of a specific lot must pay to BCA, comprised by the admission fee, the sales commission and the price of the other services contracted from BCA, as well as all the taxes and fees owed to the State or to any other public entity.
1.21. Departure Authorization: permission granted by BCA which indicates that all the conditions have been fulfilled so that the buyer may remove the awarded lot frm the BCA facilities or where the vehicle is located, or the vendor may remove an unsold vehicle from the BCA facilities.
1.22. Sale in "Venta en Estado" condition: A vehicle is a Sale in "Sold as is" condition if it complies with at least one of these conditions:
1.22.1. If it is over 10 years old.
1.22.2. If it has more than 180,000 km.
1.22.3. If its award value is below 1,500€.
1.22.4. If due to the uncertain condition of the vehicle at the time of preparing the mechanical features or damages description, the BCA personnel consider that it must be classified as such.
Both vendor and buyer understand that a vehicle auctioned in these conditions reaches a lower market price. It is possible to view more information about these types of vehicles in the Claims Policy in force published in the web site and exhibited in the auction centres.
2. Considerations of the sales system in an auction
2.1. BCA shall not be responsible for the errors which could take place in the communications, including the deletion, incomplete transmission or delays in the sending of data, and also said party does not promise that the web page is operational at all times. Said party shall also not be responsible when a third party infringes the security rules by inserting a computer virus or which causes any other type of damage which could have a repercussion on the user. BCA reserves the right to modify the applications of their web page, block or delete users and/or offers at any time without the need to indicate the reasons.
2.2. The marketplace will ensure the application of equal chances towards the buyers at all time.
2.3. The marketplace provides the buyers with different auction, each will ensure fairness towards equal chances of win for the buyer.
2.4. On its own open auctions, BCA will never provide any opportunity of bulk purchase for the buyers.
2.5. A Bidder is entitled to Bid on Vehicles at Auctions. A bid is unconditional and irrevocable for a period of 24 hours after the end of the bidding period.
2.6. BCA reserves the right, including after Bids have been made, to withdraw Vehicles from sale or Auction and to remedy mistakes, without the Bidder being entitled to derive any rights from his/her previous Bid.
2.7. The confirmation of sale is accompanied by an invoice to the Buyer for the amount of the Purchase Price, along with any costs and surcharges known at the time on the basis of the Fees.
2.8. The Buyer shall not be entitled to withdraw his/her Bid to purchase a Vehicle after the confirmation of sale has been sent by BCA and the purchase agreement has been concluded. If the Buyer nevertheless does so, BCA shall be entitled, at its discretion, to demand performance or termination of the purchase agreement with the Buyer.
2.9. A Vehicle located on the BCA premises that is sold to the Buyer will have its ownership transferred to the Buyer by BCA, upon receipt of the full Purchase Price and costs incurred, by transferring the Vehicle registration to the name of the Buyer. From that point, the Vehicle will be held by BCA for the Buyer.
2.10. A Vehicle that is not located on the BCA premises but instead on the premises of a third party and that is sold to the Buyer will have its ownership transferred to the Buyer by BCA after receipt of the full Purchase Price and costs incurred through the transfer by the Buyer of the registration of the Vehicle to the name of the Buyer. From that point, the Vehicle will be held for the Buyer.
2.11. If the Buyer wishes to export the Vehicle, he/she may request BCA to arrange the export.
2.12. BCA may record, in a magnetic medium or any other method, the sessions of the organized auctions, reserving the right to exhibit the contents of these recordings, always when required, in order to clarify or resolve any conflict in defense of their interests, in or out of court. In any case, BCA shall act in accordance with the General data protection regulation (EU) 2016/679 of April 27 (RGPD), as well as Organic Law 3/2018, of December 5, on the protection of personal data and guarantee of digital rights (LOPDGDD).
2.13. Auction Types:
2.13.1. Vehicles auctions typically fall into one of three categories: Online, Direct Purchase or Physical events.
2.13.2. Online auctions are the default method for buying a vehicle at BCA, with all the same information available as a physical. Automotive Professionals must register in advance as a user of BCA’s websites, portals or other auction platforms. Registration must be carried out truthfully and only by authorised persons.
2.13.3. Direct Purchase is where there is no bidding for a vehicle, but instead a fixed price and a guaranteed option to purchase at the advertised price. This can take the form of the BCA EuroShop or Buy Now.
2.13.4. Physical auction events are not available in all countries, with only selected auction being available for physical attendance. The BCA country websites will include information on the availability of these types of auction.
2.13.5. Physical auctions and certain online auctions are conducted by a BCA auctioneer. The auctioneer determines the way the Auction is conducted and is entitled without giving reasons to decline a Bid, declare an Auction invalid or to undertake in other respects everything necessary that he/she deems appropriate for the proper conduct of the Auction.
2.13.6. Details of the format of the auction are on the BCA website (www.bca.com), selecting the Spanish website and navigating to the Getting Started page.
3. Rights reserved to BCA
BCA reserves the right:
3.1. Whether or not to authorize the entry of any person to their facilities.
3.2. To accept or refuse the request for codes to a person or company for purchase(s) by means of Internet in their on-line auctions.
3.3. Whether or not to accept the entry of any vehicle to their facilities.
3.4. To request any person external to the organization of the auctions to leave the facilities.
3.5. To request that the vendor remove a vehicle from the BCA facilities, once the fees corresponding to the provided services have been paid.
3.6. In exceptional cases and in conformity with the Law, to provide any of the parties of the sale-purchase contract of a specific lot with the identification of the other party.
3.7. To decide on the position and number of the lot for a vehicle in the auction, both physically and electronically.
3.8. Not to present a vehicle in an auction if it does not comply with the minimum requirements in relation to the complete information of the vehicle and its ownership.
3.9. To collaborate with the police and/or judicial authorities against fraud due to the manipulation of kilometers.
4. Documentation required to register
In order to register as a BCA Customer as a buyer or vendor, it is necessary to previously supply the documentation required for their registration. The list of requested documents can be be found in the web page and in the auction centres. The lack of any document or its non-validity shall result that BCA cannot accept a buyer/vendor as a participant in the auctions.
Query further details in our web page in the Getting started/How to Register section in BCA webpage.
5. Terms which apply to the vendor in the sale of vehicles
5.1. Considerations of the sales system in an auction. In good faith, BCA has accepted each vehicle presented to the auction, assuming that:
5.1.1. THE VENDOR presents each vehicle to the auction free of charges, unless reference is made in this regard both in the entry and in its publication at the time of the sale.
5.1.2. The data compiled in the vehicle file are correct and there is not any known falsity or omission at the time of the sale.
5.1.3. The vendor shall be responsible for what occurs as consequence of the errors in the supplied information.
5.2. Acceptance of the vehicles to the auction
BCA shall not accept any vehicle for its sale in the auction without the delivery of the following items by the vendor:
5.2.1. The vehicle and its keys (except the vehicles marketed by means of the auctions in which they are located outside the BCA facilities).
5.2.2. Requested documentation:
126.96.36.199. In order to accept a vehicle in the auction, it is necessary that the vendor supply the original documentation required for its entry. The list of requested documents can be found in the web page in the ‘Sell’ section and in the auction centres. In said documentation, it is necessary to verify that the vendor is the owner of the vehicle. In the case that said party is not the owner, BCA reserves the right to auction the vehicle and shall require the additional information indicated in the BCA web page in the ‘Vendor’ section or in the BCA centres.
188.8.131.52. The vendor is obliged to notify any charge or any other fact which can hinder or delay the transfer of the vehicle to a third party.
184.108.40.206. For the vehicles derived from customers with a registered tax office abroad, in the Canary Islands, Ceuta and Melilla, they must also be presented as up-to-date in the payment of the corresponding taxes and any other document required to finalize its transfer in Spain.
220.127.116.11. The lack of any document, its non-validity or the existence of charges shall result that BCA shall not authorize the entry of this vehicle in the auction. In the case that BCA decides to auction it, the vendor is obliged to supply the missing documentation in a period not exceeding 30 days. If this period is exceeded, this shall give rise to the cancellation of the sale-purchase contract (Cancellation of the sale) and claim the expenses derived by this cancellation.
5.2.3. Vehicle entry file (physical or electronic):
18.104.22.168. The vendor must complete and sign it, or send it by telematic channel by any other medium so that BCA can provide it to its customers. In this file, the requested information must be supplied, except in the cases in which this is expressly agreed otherwise.
22.214.171.124. The vendor authorizes BCA to make public all the data compiled in the vehicle file for the purposes of the auction.
126.96.36.199. When completing this file and once it is accepted by BCA, the vendor is obliged to present the aforementioned vehicle to the auction.
188.8.131.52. In the case of an expired Technical Vehicle Inspection (ITV), this must be recorded in the Entry File and it would be auctioned announcing this incident.
184.108.40.206. Any falsity, inaccuracy or omission of any data in the vehicle file shall be the exclusive responsibility of the vendor, who shall be the sole responsible party before BCA and/or the buyer of the vehicle, for the detriments caused by this falsity, inaccuracy or omission.
5.3. Mechanical features and damages description
In the case that cancellation of the contract takes place due to discrepancies in the mechanical features or damages description, BCA is authorized by the vendor to modify the information about the vehicle and auction it in conformity with the new description.
5.4. Validity of the provisional sale
The provisional sale of a specific lot will be maintained as such during a workday period of 48 hours after the conclusion of the auction in which the lot was auctioned.
5.5. Responsibility in the information to BCA in the case of penalty or fine
If once the vehicle has been sold in BCA, the vendor receives the notification of a penalty or the start of a disciplinary proceeding, it shall be the vendor's responsibility to notify this to BCA so that the latter can carry out the processes focused on communicating the data of the driver and/or the new owner to the competent Organization.
BCA shall be exempt from any responsibility if:
5.5.1. This communication does not take place.
5.5.2. If the same has been carried out once the period provided by the Organization has concluded.
5.5.3. If it is carried out without sufficient time (50% of the time assigned by the Organization) in order to make any allegation.
5.6. Price of BCA services
5.6.1. BCA shall collect an admission fee from the vendor whenever a vehicle is presented in the auction, even when it is not sold. BCA may collect this fee each time that the vehicle is once again presented in the auction.
5.6.2. BCA shall collect the sales commission from the vendor when the vehicle is awarded in an auction and according to the rates in force. Query the rates and potential discounts and promotions in the web page in the After sales/Payments and fees section in our webpage or in the auction centres.
5.6.3. In some cases, BCA may offer one or several services in relation to a vehicle or vehicles. In this case, the vendor must pay the applicable prices for the provided services, based on the official BCA rates in force.
5.6.4. To the price of the services foreseen in this clause, it is always necessary to add all the taxes and fees owed to the State or to any other public entity.
5.7. Vehicle payments
5.7.1. The vendor must invoice the Sale Value in the auction to BCA when informed by the latter and BCA must pay the vendor for this Sale Value in the terms and periods agreed in each case, not being obliged to deliver the price of the sold lot to the vendor if previously the respective value owed by the buyer has not been paid.
5.7.2. BCA shall deduct the cost of the services plus taxes which correspond in each case from the price owed to the vendor for each auctioned lot.
5.7.3. BCA shall issue the corresponding invoice for the provided services immediately after each auction.
5.7.4. In the case of an open claim or cancellation of the sale of a vehicle, according to that stipulated in these General Terms and in their Claims Policy, BCA shall have the right to withhold the payment until the situation of the sale is clarified. BCA may also withhold the amounts corresponding to the vendor if they have reasons to consider that there is false information about the vehicle description or condition, about its ownership or its rights.
5.7.5. The withholding foreseen in the above section shall be maintained while the pending doubts are not clarified, the ownership of the vehicle has not been demonstrated or the competent Court or Organization has not made a ruling about this issue. The vendor cannot demand any responsibility to BCA or the buyer as consequence of this withholding.
5.7.6. In the case that a sale is cancelled in conformity with the BCA Claims Policy, the vendor having received payment by said party, the vendor promises to immediately reimburse the paid amount for its subsequent refund to the buyer.
5.7.7. In the case of an embargo requirement, proceeding from any official organization, BCA shall not pay the price owed to the vendor until said party has justified that they have settled it or in the case of paying it, the amount of this summons shall be deducted from it.
5.8. Cancellation of the sale-purchase contract (Cancellation of the sale)
5.8.1. The sale-purchase contract can be cancelled due to diverse reasons, previously approved by BCA and according to their Claims Policy in force published in the web page and exhibited in the auction centres.
5.8.2. BCA may cancel any sale-purchase due to the infringement of the Considerations of the sales system in an auction section of this document by the vendor.
5.8.3. The vendor accepts that this sale-purchase can be cancelled due to the payment infringement by the buyer, in which case, the vehicle will be included once more in the auction.
5.9. Delivery of UNSOLD vehicle
In the case of the removal in the BCA facilities, the vehicle shall only be delivered to the properly authorized person/transport company, according to the “Removal Document” provided for this purpose and available in the BCA web page. The driver must accredit their identity to the BCA personnel who carry out the delivery.
5.10. The auctioneer has a discriminatory power to remove the vehicle from the auction, if based on his criteria, the conditions do not exist for its sale.
6. Terms which apply to the BUYER in the purchase of the vehicles
6.1. Considerations of the sales system in an auction
6.1.1. BCA has accepted each registered bidder in the auction supposing that said party is interested in bidding, in good faith, in order to acquire one or more vehicles in the terms of fees, services and payment periods stipulated in this contract.
6.1.2. The BCA auctions are solely and exclusively addressed to the professionals of the automobile sector.
6.1.3. All the bidders shall possess sufficient information in order to participate in the BCA auctions, both if they are physically present or by means of the web page. This information may vary based on the vendor of the vehicle.
6.1.4. In the case of a physical auction and always when the vehicles are located in the centre, they will be available prior to the celebration of the auction for their verification by the interested bidder.
6.1.5. In the auctions by means of the web page, the latest information which is displayed in the catalogue prior to the auction shall be considered as definitive for all effects, except in the case of the Live On-line Auctions (physical auctions and simultaneously with video and sound rebroadcast by internet), in which case, the information facilitated by the auctioneer will be the data which prevails.
6.1.6. BCA markets used vehicles to professionals of the automobile sector. The published information is a guideline and is provided with the aim to assist their decision making for the purchase.
6.1.7. In the vehicles which are located in the BCA facilities, BCA provides photographs and information related to the data, description and damages of the vehicle, as well as its mechanical condition. On occasions, BCA auctions vehicles which are located outside of its facilities. In this case, BCA facilitate the information and photographs provided by the vendor.
6.2. Implementation of the auction
6.2.1. It solely corresponds to the auctioneer to carry out, perform and supervise the auction, where he may discretionally reject any bid.
6.2.2. The auctioneer or any other BCA employee, can accept written instructions to bid in representation of potential buyers, although he is not obliged to accept these instructions.
6.2.3. The auctioneer has a discriminatory power to remove the vehicle from the auction, if based on his criteria, the conditions do not exist for its sale.
6.2.4. All the vehicles auctioned at BCA, unless expressly indicated otherwise, are auctioned with the VAT included in the price (in the case of General Regime). Each lot indicates the VAT regime which corresponds to it.
6.2.5. Every bid is a purchase commitment by the bidder who performs it, both if it is a Definitive Sale at the closing time of the lot in the auction, and if it is a Provisional Sale and the vendor accepts the amount that has been bid by the bidder.
6.2.6. The sales price of the lot will be:
220.127.116.11. The maximum bid received for the same, in the case of direct award.
18.104.22.168. The maximum bid received, in the case that the vendor accepts this amount after the negotiation of the Provisional Sale.
22.214.171.124. The new price agreed and accepted by both parties after the negotiation of the Provisional Sale.
6.2.7. BCA will send the invoice in the hours soon after the close of the auction and the buyer is obliged to perform the payment of the vehicle and the BCA services in the periods stipulated in the After sales/Payments and fees section in our webpage. The failure to receive the invoice shall not be a pretext for its default, where it is the buyer's responsibility to claim it if he does not have record of having received it once the vehicle has been awarded.
6.2.8. In the physical bids, BCA will deliver their bid number to the customer, which said party must show so that the acquired vehicles will be invoiced to the company which corresponds to this bidder number.
6.2.9. In relation to the bids performed by means of the BCA web page, the accredited buyer participant in the auction shall be the sole party responsible for the use of their passwords, and cannot allege ignorance or error as an argument to cancel a sale.
6.2.10. In the physical and Live On-line auctions (physical and electronic auction simultaneously or electronic auction with auctioneer), the auctioneer is the sole person authorized to decide about:
Any incident which took place during the bid for a specific lot.
Any incident which took place after the hammer blow.
Any incident which involves the necessity to cancel the auction of a specific lot, which can be auctioned again in this same session or in any other.
6.3. Price of BCA services
6.3.1. BCA will charge the Buyers Fees equal to the Fees listed in the list of Fees in effect at the time of the Auction or the time at which services are provided by BCA.
6.3.2. BCA’s Fees can be viewed on the BCA website (www.bca.com), selecting the relevant country and navigating to the Buyer Fees page. Fee’s may be adjusted periodically by BCA. All Fees are exclusive of VAT.
6.3.3. BCA shall facilitate their service fees to their customers both in the auction centres as well as by means of their web page. They can be updated without prior notice, in this case, BCA promises to publish the new rates with at least 24 hours advance notice prior to the celebration of the auction in which they will be applied.
6.3.4. BCA shall collect an acquisition fee or sales commission to the awardee of each vehicle purchased in the auction and according to the rates in force. Query the rates and potential discounts and promotions in the web page in the After sales/Payments and fees section in the webpage or in the auction centres.
6.3.5. The change of ownership of the vehicles acquired by the national buyers shall be the transfer.
6.3.6. When the buyer resells a vehicle acquired in BCA, an admission fee as the vendor and the commission of this new sale will be collected.
6.3.7. In some cases, BCA may offer one or several services in relation to a vehicle or vehicles of an auction, for example, with the transportation included. In this case, the buyer must pay the applicable prices for the provided services, based on the official BCA rates in force.
6.3.8. BCA will collect a parking fee in the terms of the After sales/Payments and fees section in the webpage.
6.3.9. To the price of the services foreseen in this clause, it is always necessary to add all the taxes and fees owed to the State or to any other public entity.
6.3.10. Expenses incurred for the transport of Vehicles to the Buyer are always to be borne by the Buyer.
6.3.11. BCA is entitled to send electronic invoices.
6.4. Payment, Cancellations, Blocking and Unblocking of accounts, transfer of ownership and delivery of the vehicle to the buyer
6.4.1. Vehicle payment: The buyer will immediately make a payment, or initiate the process to make a payment, for the purchase of the vehicle where they had the winning bid.
126.96.36.199. BCA will only authorize the departure of the vehicles after the effective collection of the value owed by the buyer and all the expenses related to the services performed by BCA related to the vehicle and other pending items and according to the General Terms of the Sale-Purchase in the auction.
188.8.131.52. Payment must be made within 2 working days from the issue of the invoice by transfer from the bank account which is on buyer´s name. If bank account is not in a country where company has its seat, BCA has a right to contact buyer and ask a payment to be executed from the country where company has its seat unless customer provides BCA with the proof of ownership to the bank account in a country from which he executed a payment. The payment of the owed amounts must be performed in the account numbers indicated by BCA.
184.108.40.206. The Buyer´s account will be temporarily blocked if the full payment is not received by the 7th working day following the issue of the invoice. If the payment is still not received by the 10th working day, the sale will be cancelled and the Buyer's account will blocked permanently. The Buyer's account will remain blocked until all open debts (cancellation and unblocking fees) are paid in full. If invoices other than the purchase price over 300 EUR are not paid for more than 20 working days, the buyer will also be blocked.
6.4.2. Cancellation request:
220.127.116.11. BCA accepts first cancellation request (1 vehicle) per calendar year without financial or blocking impact on the Buyers account. The buyer must request a purchase cancellation to BCA within 24 hours following the sale time.
18.104.22.168. If the second purchase cancellation within 24 hours following the sale time in a given calendar is requested, BCA accepts the cancellation and charges 500 EUR fee.
22.214.171.124. The third sales cancellation request for a vehicle in a given calendar year, will be automatically refused and an account blocked.
126.96.36.199. Failing to request the sales cancellation through the claims online form within the given 24 hours following the sales time will imply validating the purchase, with BCA rightly expecting the full payment.
6.4.3. Other invoices debts:
188.8.131.52. For any other invoice debt, for which BCA will claim the related payments for services unpaid, the Buyers account will be blocked if the Buyers account presents more than 300€ of payments overdue for a period greater than 30 calendar days
6.4.4. Blocking/Unblocking of accounts:
184.108.40.206. In occurrence of blocking or unblocking action(s) towards a Buyers account, the Buyer will be informed, and the reason will be provided by the Business Partner to the Buyer.
220.127.116.11. The blocking action implies that the buyer’s accesses will automatically be blocked in all the countries where the Buyer has a valid BCA account.
18.104.22.168. The unblocking of the account occurs only with the payment of outstanding cancellation fees and/or other invoices plus an additional unblocking fee. The amount of the unblocking fee is 600 EUR. The cancellation fee is applied per unit unpaid, unblocking fee is applied per occurrence. In case of debts in other countries, debts must be repaid, but unblocking fee is paid just once to the country with the highest debt.
22.214.171.124. The payment of the fee does not automatically imply the unblocking of the account. The reason of the initial blocking action will trigger the decision to unblock and is entirely at the discretion of BCA (typically, failing to adhere to BCA rules of Ethics and VAT compliance will automatically imply a permanent blocking of the account).
6.4.5. Special dispositions:
126.96.36.199. Process for EV vehicles subject to Battery Leasing Contracts : Along with the payment and as soon as the vehicle is purchased, the Buyer acknowledges the responsibility to take over the leasing agreement of the vehicle and undertake all necessary steps to formalize the transfer of ownership to his/her name.
6.4.6. Transfer of Ownership:
188.8.131.52. The ownership of the vehicle shall be transferred to the buyer until the value owed by the buyer has been settled and has been effectively collected by BCA without detriment of that stipulated in the Responsibilities and Parking fees clause.
184.108.40.206. Without detriment of that set forth in the above section, the documentation and keys which are in possession of BCA, which belong to the sold vehicle, shall only be delivered or sent to the buyer or authorized person/company after the effective payment of all the amounts owed for the services provided by BCA.
220.127.116.11. At some point, the vehicles marketed by BCA in the transfer process to the buyer customer can be involved in a Temporary Cancellation in the Traffic Authority. It is the buyer customer's responsibility to know the status of the vehicle's documentation prior to circulating with it.
18.104.22.168. After formalizing the sale, during the processing of the documentation, the vehicle may have an expired ITV status or “cancellation due to community transit or exportation” (in the case of foreign customers). In this case, it shall be the buyer's responsibility to know the status of the vehicle's documentation prior to circulating with it and what occurs in relation to the vehicle until the final processing of the documentation.
22.214.171.124. The buyer will quickly return the documents proving the compliance with these terms and conditions and other external rules. These documents include, but are not limited to : CMR, Customs Declaration, Insurance on transport if applicable, Battery renting commitment if applicable.
126.96.36.199. Delays in providing the documentation referred in previous points may result in corresponding delays in the release of the vehicle to the buyer and ultimately cancellation of the purchase.
6.4.7. Local Vehicle Pick-Up:
188.8.131.52. Self-pick-up of the vehicle (this option is only available for a running and non-damaged vehicle; Any non-running or damaged vehicle must be transported by professional Finished Vehicle Transport company).
184.108.40.206. Appointments must be taken with a 24h notice (working hours), by contacting the pick-up location.
6.4.8. Cross-Border purchases Pick-Up outside the EU:
220.127.116.11. No self-pick-up of the vehicle is allowed when the purchase of the vehicle is taking place outside of the buyer´s own country. The Buyer must organise the transport of the vehicle only through a professional finished vehicle transport company.
18.104.22.168. Appointments must be taken with a 24h notice, by contacting the pick-up location.
22.214.171.124. The pick-up of the vehicle must be executed within 9 calendar days following the day of the invoice.
126.96.36.199. Failing to comply to this deadline, a parking fee in amount of 18€ per calendar day above the 9th calendar day will be invoiced to the buyer. If by the 15th calendar day after the invoice, the vehicle has not been collected by the buyer, BCA reserves the right to consider this situation as a cancellation (Conditions of section 8 apply).
188.8.131.52. The Buyer has to secure all EU VAT compliance requirements and related administrative paperwork:
- Customer Declaration,
- Proof of transport insurance issued by the third-party transport company or a Transport purchase invoice.
184.108.40.206. Failing to comply to these terms in the given leadtime implies a direct risk on the refund of the VAT Deposit to the buyer by BCA (complying with EU VAT regulations).
6.4.9. Transport of Cross-Border purchases inside the EU:
220.127.116.11. Automatic Transport. All vehicles purchased cross-border are subject to automatic transport within EU (all of the EU inland countries with the exception of islands) arranged by BCA to the Buyer´s address, main or alternative one, provided by the buyer. Country of the alternative delivery address cannot differ from the country the Buyer is registered in and Buyer is required to provide a completed BCA's alternative delivery address form and proof of rent or ownership.
18.104.22.168. Self-collection or collection through a third party is not allowed. Purchased vehicles cannot be transported until valid payment has been received and confirmed by BCA. Whenever an address confirmation e-mail is sent, if that is not the address where the Buyer intends to receive the vehicles, the Buyer should contact BCA within a 24h-period.
22.214.171.124 BCA automatic transport is available for all running cars; damaged cars and non-runners are excluded.
126.96.36.199 Regardless of cross-border transport being arranged by the buyer, or by BCA transport, the carrier cannot be a related party of the buyer of the goods. For this purpose, the two parties shall not be regarded as 'independent' where (i) they share the same legal personality; and if they comply with any of the criteria set out in Article 80 of the VAT Directive (have 'family or other close personal ties, management, ownership, membership, financial or legal ties'. Legal ties may include the relationship between an employer and employee or the employee's family, or any other closely connected persons), as per points (a) and (b)(ii) of Article 45a(1) of the VAT Implementing Regulation.
BCA reserves itself the right of not performing the transport whenever the buyer and carrier are related parties or, in a case-by-case basis, request additional elements to support the VAT exemption.
6.4.10. Vehicle delivery:
188.8.131.52. In the case of the removal in the BCA facilities, the vehicle shall only be delivered to the properly authorized person/transport company, according to the “Removal Document” provided for this purpose and available in the BCA web page. The driver must deliver a copy of the National Identity Document (DNI) to the BCA person who performs the delivery.
184.108.40.206. The vehicles sold in the auction do not possess insurance in force since the time of the removal and it is the buyer's responsibility for what occurs in relation to the vehicle once it has left the facilities in which it was located; except when BCA performs the transport service, in which case, BCA shall have the responsibility until the vehicle is delivered to the buyer.
220.127.116.11. Since the time of the vehicle's removal by the buyer or the vehicle's delivery when it is transported by BCA, it shall be the responsibility of the buyer for everything which occurs in relation to said vehicle, including the penalties due to infringement of the Traffic regulations. The buyer expressly authorizes BCA to inform the competent authority in the case that this is required by the latter as consequence of such infringements.
18.104.22.168. Within the same country of destination, if the Buyer delivery address is different from the standard registered address of the Buyer, the Buyer must complete the relevant document (“Confirmation of Alternative Delivery Address”).
22.214.171.124. BCA does not guarantee that the vehicle removed from its facilities or external sites, is found in optimum conditions to circulate, where this is the responsibility of the party who removes the vehicle to carry out the suitable verifications. THE BUYER shall assume the responsibilities which are derived from the failure to carry out said verifications.
6.5. Responsibilities and parking fees
6.5.1. The risks derived from the vehicle's parking until the time of its sale shall be covered by the BCA insurance policies.
6.5.2. The risks derived from the vehicle's parking up to 7 calendar days after the purchase invoice is produced, shall be covered by the BCA insurance policies Starting from that time, BCA shall not be responsible for potential missing parts or damages in the vehicle. In the case that it involves a buyer with registered tax office outside of Spain, the period of 7 days shall be extended to 15 calendar days.
6.5.3. BCA shall charge the parking service (stays) per vehicle and calendar day, based on the periods and rates in force published in the After sales/Payments and fees section in the web page. This charge must be paid prior to the removal of the vehicle.
6.5.4. The buyers who have contracted the transport service with BCA, shall be clear from the payment of the parking fees mentioned in the above section if the payment of the transport service was done before the parking fees apply.
6.6. Invoicing exempt from VAT
A vehicle shall be invoiced exempt from VAT when the buyer accredits that their company has its registered tax office outside the Spanish fiscal territory and it complies with the requirements mentioned in the VAT Exemption Procedures available in the BCA web page and in all the auction centres.
6.7. Cancellation of the sale-purchase contract (Cancellation of the purchase)
6.7.1. The sale-purchase contract can be cancelled due to diverse reasons, previously approved by BCA and according to the claim point reflected in this Terms & Conditions.
6.7.2. BCA may cancel any sale-purchase due to the infringement of the Considerations of the sales system in an auction section of this document.
6.7.3. BCA shall admit claims in reference to the vehicle or services, always in the agreed form and periods and according to the claim point reflected in this Terms & Conditions.
6.8. Infringement by the purchaser
Notwithstanding any duly validated Registration, BCA reserves the right to temporarily or permanently suspend the Registration and related access to Auctions for the following reasons including, but not limited to:
- Failure to communicate or provide any document requested by BCA,
- Failure to pay within 7 days after invoice date,
- Improper behavior towards BCA staff,
- Disclosure of the personal and confidential credentials to third parties,
- Proven or suspected fraud, on documentations or identify, or any unlawful behavior,
- Contact with a Seller.
BCA shall inform the Automotive Professional of the suspension of its account by any means, and the unblocking fee.
If the buyer does not comply with their payment obligation, BCA is hereby empowered:
- To consider as cancelled, in the name of the buyer, the sale-purchase contract (cancellation of the purchase).
- To enforce against the buyer all legal actions deemed necessary for the fulfilment of their contractual obligations.
7. The Vehicle Presentation
7.1. The Information made available to the Buyer
7.1.1. Our Marketplace is European, our Buyers are from all over Europe (and beyond). Therefore, it comes as only natural that any vehicle description also comes always in English when possible.
Therefore, if any important last minute information about a vehicle must be shared before or during an auction, it will always be shared in written form in Spanish and in English. If there is a risk that the information may not be understood, the vehicle will be removed from the sale and will be re-entered for auction in a later sale event.
7.1.2. BCA displays all its vehicles for sale on its sales platforms and commits to providing the following information to the buyers:
126.96.36.199. A description of the vehicle:
188.8.131.52.3. First Year of Registration,
184.108.40.206.4. Odometer Reading (+/- 50km),
220.127.116.11.5. Gearbox Type (Automatic/Manual),
18.104.22.168.6. Fuel/Energy type (Petrol/Diesel/Full Electric/Alternative energies),
22.214.171.124.7. Color of the Vehicle,
126.96.36.199.8. Number of seats (Identified during assessment, could differ from Vehicle Documents),
188.8.131.52.9. Number of doors,
184.108.40.206.10. Previous usage of the car,
220.127.116.11.11. Margin Regime of the car (Margin or Qualifying Net),
18.104.22.168.12. Battery full purchase or battery leasing (in the vehicle title and in the description),
22.214.171.124.13. Presence or absence of vehicle documents at the moment of sale.
126.96.36.199. A list of the vehicle equipment (including, when available : Information on previous damages and COC),
188.8.131.52. A set of commercial pictures (minimum 4 pictures),
184.108.40.206. When available, a picture of last page on the history Service Book records. When the information is recorded digitally, a picture of the dashboard screen, displaying the Service History information, will be provided,
220.127.116.11. An Aesthetic appraisal report of the vehicle, on both interior and exterior, with pictures of identified damages on the vehicles.
7.1.3. In addition, BCA will provide for all non-damaged, running vehicles, a visual and limited technical inspection carried out on vehicles. The information contained in the report is based on observations made by the member of BCA technical staff at the time of the inspection (local exceptions may apply, see 5.3.1).
7.1.4. The technical inspection has been contemplated for the sale to a professional of the automobile sector and is a guideline. In the case of discrepancies, it is possible find more information in the Claims Policy in force published in the web site and exhibited in the auction centres.
8. Data processing
In fulfilment of the General data protection regulation (EU) 2016/679 of April 27 (RGPD), as well as Organic Law 3/2018, of December 5, on the protection of personal data and guarantee of digital rights (LOPDGDD), the buyer/vendor is hereby informed that their data shall be included in the computer/IT files owned by BCA Autosubastas de Vehículos, S.L. with the aim to carry out the business relation and keep said parties informed about the company's activities. The buyer/vendor provides their consent for the receipt of the information by means of electronic mediums (SMS and e-mails). In the cases in which BCA has knowledge (through the vendor himself) that the vehicle has been object of a fine if the change of ownership in the Traffic Authority still has not occurred, BCA shall notify, under vendor's requirement, the buyer's data in order to comply with the traffic regulation which obliges the identification of the driver of the infringing vehicle. Said parties may exercise the rights covered in the legislation for the access, rectification, cancellation and opposition to the sending of the information by electronic mediums by a written notification to the BCA Customer Relations Department or by means of: [email protected].
The BUYER / VENDOR can find more information about the Privacy Statemen in the website www.bca.com
The Buyer/Vendor and BCA hereby promise and are obliged, both during the validity of this contract, and subsequent to its termination due to any cause, to maintain secret all data or personal circumstances or materials which they know as consequence of this relation and which affect the activity of both parties or the persons and activities or businesses of their customers.
Likewise, they hereby promise and are obliged to conserve and maintain with due diligence the documentation which they must use, adopting the precautionary measures required to prevent any type of reproduction, knowledge or communication by other unauthorized persons, where this reserve obligation is extended to all data which are entered, conserved or are obtained in the use of the computer/IT system of the parties.
This obligation extends to the employees of both parties, or to any third party who may have a relation with this contract.
10. Applicable legislation
For everything not expressly agreed in this contract, the corporate and civil legislation in Spain in force shall apply.
Since the relation between the parties is merely mercantile, the legislation of consumption and/or protection of consumers or users is hereby excluded from their application to this contract.
12. Validity of the clauses
Although the invalidity or unenforceability of any clause of this contract or one of its parts is ruled, the remaining clauses or their parts shall continue to be valid and remain in force.