Condiciones Generales

SPANISH GENERAL TERMS OF SALE BY PUBLIC AUCTION

GENERAL TERMS OF SALE BY PUBLIC AUCTION

1. Preamble

Europcar International SASU, with registered address at Bat OP, 2, rue René Caudron, 78960 Voisins le Bretonneux, France, offers a platform on its website, www.2ndmove.eu, which allows users, in the course of their professional activity, to purchase a wide variety of used vehicles.

Only the vehicles offered on the platform will be able to buy directly, through the auction procedure regulated in this document, those natural or legal persons who act within the framework of their professional activity - therefore, excluding final or private consumers - who in All cases respect the following terms and conditions

2. Definitions

The following terms employed throughout these General Terms of Sale shall have the stated meanings attributed to them: 

3. Objective – Scope of application

These T & Cs are exclusively applicable to the relationship between the Seller and any Buyers who wish to acquire a Vehicle through the auction procedure enabled on the Platform. Therefore, they will only regulate the relationship between the Seller and the referred Buyers.

The buyer expressly declares that he will use the acquired Vehicle for his professional activity.

To the sale of vehicles purchased by auction through www.2ndmove.eu, these T & Cs will apply, as well as the General Conditions of Use, which regulate the use of the 2ndMove Website and can be found at the following address: Terms of use of the website as well as the Privacy Policy that can also be found in the Privacy Policy In case of contradiction, the provisions of these T & Cs will prevail.

Given that these T & Cs may be modified at any time, in accordance with clause 20, the conditions applicable to a specific auction will be those in force on the start date of the same.

The T & Cs may be accessed by clicking on the hypertext link indicated at the bottom of each page of the 2ndMove Website. We recommend reading them, printing them and keeping a copy of them, and you must carry out this operation every time you participate in an auction.

By participating in an auction through the Platform, you accept, fully and without reservation, (i) these T & Cs (ii) and that the Auctioneer arbitrate and decide, without the possibility of recourse, any doubts about the interpretation of said T & Cs

All vehicles registered for sale in the auction system of the Europcar Operating Entity are subject to these T & Cs.

For each of the Vehicles offered in the auction, information about the place where it is located, its specifications and conditions will be made available to users. Every Bidder will have photographs and detailed information on the state of the offered vehicle. However, the offer of the vehicle is made as a true and unitary body. The Seller guarantees that the vehicle is in the state and conditions published in the offer, although it cannot guarantee the correct operation of the vehicle or its auxiliary systems. Nor does it guarantee that the vehicle contains all the parts, spare parts and supplies that belonged to the vehicle by its make and model at the time of its release.

4. Stages to participate in the auction procedure.

4.1 Creation of a “My 2ndMove” account  

Prior registration through the form provided for this purpose in Create your 2ndMove profile on the Platform, and obtaining a “My 2ndMove” account, is an essential requirement to be a recipient of the Service.

Registration on the 2ndMove Website is free and does not imply any purchase obligation. The data requested through the aforementioned form will be strictly necessary for the correct provision of the Service.

The Buyer guarantees that the personal data provided is true and is responsible for communicating any changes therein. The Buyer shall be solely responsible for any direct or indirect damage or harm that may be caused to Europcar or to any third party, due to filling in the forms with false, inaccurate, incomplete or outdated data. For more information, see our privacy policy.

As a final step to validly complete your registration, you must send a copy of the following documentation to the following email address: venta-flota.es@europcar.com:

• If it is a natural person, a copy of the High Census in the Tax Agency as a current independent professional and of your ID.
• In the case of legal persons, a copy of the public deed of incorporation, the DNI of the attorney / s, the deed of empowerment accrediting their powers of representation, and a copy of the corresponding registration in the Economic Activities Tax for the sale of vehicles.

Notwithstanding the foregoing, the Europcar Operating Entity may require you to send any other documentation it deems pertinent for the purpose of your correct identification as a buyer, reserving the discretionary power to accept your registration on the Platform.

Failure to provide the aforementioned documentation will lead to the impossibility of continuing with the registration process and, therefore, of any purchase.

Only the existence of a single “My 2ndMove” account will be valid for each Buyer.

After completing the registration process on the 2ndMove Website, you will receive a welcome email, which we will send to the email address you have indicated.

4.2 Identification

The particular conditions of each auction will be published on the 2ndMove Website, their development being governed by the provisions of these T & Cs, as well as by their specific conditions. To participate in any of our professional auctions, you must identify yourself by entering your email address and password. If you do not have an account yet, you will need to open a “My 2ndMove” account, complying with the provisions of article 4.1 above.

5. Auction modalities

Through the platform, you will be able to access the offers published by the Seller (s) which will specify the conditions and condition of the vehicle being put up for sale, its specifications, as well as the conditions of the auction of the same in Regarding starting price, duration of the auction procedure and modality of the same.

The platform allows the vehicles offered through it to be purchased through one of the following auction modalities:

5.1 Simple Auction

In the simple auction, Bidders are subject to the value of their Bid until a higher bid exceeds it. If at the close of the auction the Bidder's bid is equal to or greater than the Reserve Price, the Lot will be awarded directly to the Bidder. When the value of the highest Bid made by a certain Vehicle does not reach the Reserve Price, the sale will be considered provisional, the Auctioneer being able to (i) award the Lot for the value of that last Bid, if deemed appropriate and at its exclusive judgment, contacting the client to report a possible exceptional award.

When a Vehicle is submitted to Auction with a Reserve Price, the Auctioneer will not be obliged to announce said circumstance or its value; Neither to initiate the bid for that price.


5.2. Combined Auction

In the combined auction, Bidders have the option of bidding for a specific Lot in accordance with the provisions of the previous section or of closing the auction through the “Buy it Now” option. Through the “Buy it Now” option, Bidders can directly purchase the Lot for the amount announced by the Auctioneer, thus ending the auction.

In the event that no Bidder makes use of the “Buy it Now” option, the provisions of clause 5.1 will apply with respect to simple auctions.

6. Development of the auction

The conduct and direction of the auction corresponds solely and exclusively to the Auctioneer who will control the start, development and end of the auction. The Auctioneer reserves the right to withdraw a Lot from the auction, canceling it if, according to its criteria, there are no conditions for its sale. Cancellation can occur both before and during the auction. Auctions already held cannot be canceled.

In the event that two Bidders make the same Bid, the first Bid made as the highest Bid will be considered. The Bids made cannot be reduced or canceled. Any questions that may arise about a Bid will be resolved by the Auctioneer in a binding manner.

7. Confirmation, Payment and Delivery

(i) Confirmation email 

Once the auction is over, if you are the winner of the auctioned lot, you will receive an email confirmation, which will include the details of the lot purchased.

Europcar and / or the Europcar Operating Entity that owns the Vehicle shall be empowered to reject any purchase in the event of non-compliance with any of the conditions set forth in these T & Cs and, in general, in the event that foreign elements are appreciated by the Buyer during the process of formalization of this that, for security reasons, would make it inadvisable to continue with it.

Therefore, we recommend that you check that you have received the confirmation of your purchase correctly in your email address and, if this is not the case, contact our Customer Service.

(ii) Sending invoice

Once your purchase is confirmed, the 2ndMove by Europcar sales center will send you a pro forma invoice by email for the Amount Due.

(iii) Payment 

The Due Value will be paid by bank transfer within two (2) business days from the receipt of the pro forma invoice issued by the 2ndMove sales center mentioned in point (ii), preceding, and must also be sent by email to The following is the address venta-flota.es@europcar.com justifying the bank transfer made. Any other means of payment will be rejected, unless the Europcar Operating Entity accepts otherwise in writing.

If this is not the case, Europcar reserves the right to cancel the sale as well as to process the case as "unpaid". In any case, Europcar reserves the right to exercise the legal actions it deems appropriate. A reservation of ownership of the vehicle is established in favor of Europcar, therefore, in any case, the vehicle will remain under Europcar ownership, until the moment the full sale price is paid.

(iv) Official documentation  

The 2ndMove by Europcar sales center will contact you when you receive your payment to send you the invoice corresponding to your purchase and to obtain all the information required to prepare and deliver the official documentation necessary for the transmission of the awarded Lot. . The change in ownership of the Vehicle / s will be managed in any case by the Europcar Operating Entity, either directly or through managers designated exclusively by it.

(v) Takeover and Withdrawal of the Vehicle

Once payment is received, the 2ndMove by Europcar sales center will issue an exit authorization that will be sent to your email address and will enable you to remove the Vehicle (s) from its facilities.

You must contact the campaign 24 hours before the vehicle is withdrawn to report its removal, through the following email addresses:

Madrid: Semat Fuencarral, contact lucio.alcaniz@transfesa.com

Alicante: Campa de Goldcar, contact ab3@goldcar.com

Barcelona: Tradisa, contact aut_log_elprat@tradisa.com

The vehicle must be removed from the field, within a maximum period of 48 hours from the billing of the same. Otherwise, the sanction mentioned in article 13 could be imposed.

The withdrawal of the Vehicles awarded from the facilities of the 2nd Move by Europcar sales center, provided it has been authorized in accordance with the provisions of section (iv) above, may be done directly by You or a third party authorized by You. In the case that it is done through a carrier, you must provide us with the registration of the transport vehicle, and the company to which it belongs. If the withdrawal is made by a third party non-carrier (Vgr. Crane) You must provide us with the registration of the transport vehicle, the company to which it belongs and the DNI of the authorized driver. Finally, if the vehicle is removed by driving, you must provide us with a copy of the ID of the authorized driver as well as the supporting documentation that the Vehicle has the legally required insurance. The withdrawal of the vehicle will not be authorized as long as said information is not provided. This information must be provided with a minimum of 24 hours prior to the removal of the Vehicle.

For vehicles destined for export, it will be an essential requirement for the removal of the Vehicle that it be carried out through an authorized and identified carrier in the terms indicated in the previous section, and the removal of the Vehicle by driving it is not authorized.

Additionally, for vehicles destined for export, the return of an electronic copy of the International Shipment Letter (CMR) / DUA, duly completed and sealed by the destination center that receives the Vehicle, will be required. Otherwise, the Seller reserves the right to claim from the Buyer the amount of any sanction, cost, expense, damage or loss that is directly caused by the failure to send said document.

The withdrawal of the Vehicle will imply that you fully and without reservation accept the condition of the Vehicle in accordance with the description incorporated in the Platform, regarding its bodywork, tires, coatings and other elements thereof. Notwithstanding the foregoing, with respect to possible hidden defects that could affect the Vehicle, the provisions of clause 11 below will apply.

Unless otherwise indicated to the withdrawal of the Vehicle, the following items will not be delivered: SD card, smoking kit, antenna, mats, instruction manual.

Any expense derived from the removal of the Vehicle will be borne by the buyer.

8. Payment term

As indicated in point (iii) of section 7, payment must take place within two (2) business days from the receipt of the pro forma invoice.

If this is not the case, Europcar reserves the right to cancel the sale as well as to process the case as "unpaid". A reservation of ownership of the vehicle is established in favor of Europcar, therefore, in any case, the vehicle will remain under Europcar ownership, until the moment the full sale price is paid.

Without the need to initiate a judicial process, if You have already paid part of the price, the Seller may keep the sums of money paid as compensation for breach of these T & Cs; or to proceed to the forced execution of the sale and request the payment of the price, including the delay penalties accrued from the day following the expiration of the payment term indicated on the invoice, imposed at the interest rate applied by the European Central Bank to its most recent refinancing operation, increased by ten (10) percentage points, as well as a fixed compensation of forty (40) euros to cover the costs of debt collection, without prejudice to the right to claim additional compensation in the event that the Debt collection costs were greater than this fixed penalty. The penalties for delay and this fixed penalty must be paid without the need to issue any notice.

9. Discount for prompt payment

No discounts will be granted in case of prompt payment.

10. Vehicle retention

The Vehicles will not be delivered until the Buyer pays the agreed price in full, plus any accessory sums of money that are owed.

11. Guarantees

Vehicles that are auctioned on the Platform may continue to be covered by the manufacturer's warranty. If so, you will be duly informed of said circumstance along with the other characteristics that describe the Vehicle in question.

The Seller will not extend any commercial guarantee on the Vehicles, not being obliged to provide any legal guarantee as a consequence of the professional status of the Buyer.

Buyers who are members of the motor vehicle sector (owners of garages, dealers, professional resellers, scrap yards, etc.) are considered to have the technical knowledge required to detect any hidden defects. Therefore, the buyer belonging to said sector expressly acknowledges and accepts the exclusion of the guarantee against hidden defects stipulated in article 1484 of the Civil Code.

Notwithstanding the foregoing, in the event that once the vehicle has been withdrawn, the Buyer detects a possible hidden defect in it, it may inform the Operative Entity of Europcar, who may authorize the expertise of the Vehicle through an external expert contracted with the effect and determine at its discretion depending on the circumstances of the case, the corresponding repair at its expense in the facilities it determines.

The Europcar Operating Entity will not carry out any management for the purposes indicated in the previous section if more than 2 working days have elapsed since the Vehicle was withdrawn or the Vehicle has traveled more than 50 kilometers from said withdrawal. The Buyer must contact the Vehicle Seller directly.

12. Limitation of liability

In addition to the provisions of clause 3 of these T & Cs, the Seller's liability to a professional buyer regarding the acquisition of the Vehicle will be limited to the sale price paid for said acquisition.

13. Penalty for not removing the Vehicle

As indicated in point (v) of article 7, You must withdraw the Vehicle within 48 hours from the date of issuance by the 2ndMove by Europcar sales center of the Vehicle's exit authorization, to unless the Europcar Operating Entity expressly accepts otherwise or in the event of circumstances of force majeure.

Europcar reserves the right to charge a surcharge to the customer after this period for "field stay expenses", the amount of which will be € 10 plus VAT per vehicle per day, as well as to cancel any additional service associated with the purchase of the VO, as the gratuitousness in the change of ownership.

14. Returns

Vehicle returns will not be allowed without duly justified reasons, unless the Seller exceptionally accepts it in writing.

15. Data Protection

The terms of Europcar's Privacy Policy are incorporated into these General Conditions of purchase. You will have to read and accept, if you are interested, those uses that require consent before providing your personal data to Europcar. For these purposes, we provide you in this clause with basic information on the privacy policy applicable to the data collected through the 2ndMove Website:

Responsable

Europcar IB. S.A.

Address: Avda del Partenón, 16-18, Madrid

Contact details: The contact details of the Data Protection Officer are: privacyinformation-spain@europcar.com

Purpose

• Sending commercial communications, both by e-mail or telephone.
• Reservation and / or, where appropriate, formalization of the vehicle purchase-sale contract.
• Management of the purchase and auction processes of second-hand vehicles in which you are interested.
• Creation of user account at www.2ndmove.es.

Legitimation

• Consent of the interested parties.
• Control, maintenance and execution of the contractual relationship, regarding the creation of a user account, participation in purchase and auction processes, reservation and, where appropriate, purchase-sale by vehicle stakeholders.

Addressees

Transfer of data to Group companies covered by the agreements signed between EUROPCAR and the entities of its group. You can consult these agreements by requesting it at the following email address: lopd.es@europcar.com

Rights

Access, rectify and delete, as well as other rights, as explained in the additional information.

Additional Information

You can consult the additional and detailed information on Data Protection in our Privacy Policy.

16. Force majeure

Neither party will be responsible for the breach of the obligations contracted in these T & Cs when it is caused by force majeure. An event of Force Majeure will occur when any circumstance that prevents the regular fulfillment of the Seller's obligations occurs and that would have been unpredictable at the date of completion of the sale or, although foreseeable, was inevitable. The parties expressly agree that any unavoidable accident, war, strike or other type of labor conflict, fire, revolt, natural catastrophes, epidemics, Public Health Emergency situations of International Importance –ESPII- pandemics (derived from , among others, of viruses such as SARS, MERS, Covid-19, etc., and their consequences, including, without limitation: the shortage of personnel caused by illness, the imposition of no-travel / no-work policies, self-isolation policies or similar ordered by any government or similar authority -be it local, municipal, regional, national or supranational-), total or partial interruption of public services, raw material supply, restrictions ordered by local, regional, or regional public authorities, and / or supra-state policies or recommendations by said authorities for no travel / no work policies, self-isolation or similar, and in general, any other fact that significantly prevents or hinders the regular fulfillment of obligations derived from similar situations.

17. Miscellaneous

If you, Europcar, the Europcar Operating Entity, the Seller or the Auctioneer do not exercise or invoke a right or condition of these T & Cs, this will not be considered comparable to a waiver of that right or that condition.

The titles of the clauses of these T & Cs are included simply to simplify their reading and will lack legal effectiveness.

If any clause of these T & Cs is declared null and void in accordance with a legal or regulatory provision or a final judgment of a court or a competent authority, such nullity will affect only said clause or part of it that results void, subsisting in everything else, the rest of the T & Cs and having such clause or the part of it that is affected by non-entry, except that, because it is essential to these T & Cs, it would have to affect them in an integral way.

18. Applicable law and dispute resolution

These T & Cs are subject to Spanish Law.

The Parties, with express waiver of the jurisdiction that may correspond to them, agree to submit this Agreement for all disputes that may arise in relation to it, to the jurisdiction of the Courts of Madrid.

19. Customer service

The customer service of the 2ndMove Website is at your disposal to provide you with any information and to answer any questions that the buyer may have. You can contact Europcar's customer service:

• by email sent to the following address: venta-flota.es@europcar.com
• by post: Europcar IB, S.A. Fleet Sales Department in Avda del Partenón 16-18, Campo de las Naciones, 28042 Madrid.

20. Modifications 

These T & Cs may be modified at any time by posting them on the Platform, and an updated version of them is available at all times.