With the present terms and conditions of the on line sales service it is intended that the customer can:
i. Submit in the online sales service the description of a vehicle and any other related information in order to publish it for sale or in connection with a vehicle already on the Platform for sale as a Seller.
ii. To submit in the online sales service the sale of a vehicle through bids with the purpose of selling one or more vehicles that are listed on the Platform by HCA intended to receive bids in bidding acts by a Buyer.
iii. Formulate comments on the online sales service in the designated area of a lot by a Buyer, a Seller or a User.
These terms apply to all buyers, sellers, users, visitors, or any others who register for, or otherwise access, the Platform Services.
If a user or equivalent abuses the on line selling Service made available by HCA, HCA may unilaterally and using its personal discretion limit, suspend or terminate the user account(s) and access to the Services, delay or remove hosted content, the removal of any special status associated with your account(s), remove listings, reduce or eliminate any discounts and take technical and/or legal measures to prevent you from using our Services, all without prejudice to other remedies that may be adopted.
In these Terms and Conditions the following definitions are adopted:
Users: Buyers, sellers, users, visitors, or any other person who registers or accesses the platform.
Buyer: The user who has accessed the platform in order to conclude a purchase contract for a vehicle from a seller who has in turn advertised it on the Haute Corniche Auctioneers platform.
Platform: The set of technical computer applications that make up Haute Corniche Auctioneers' services, including but not limited to the website, mobile applications and fund management systems.
HCA Haute Corniche - Auctioneers, Lda. (NIPC PT - 516 458 523): entity owning the online Services Platform registered at Rua Caminho do Miradouro 1, 8125-424 Vilamoura, Portugal, encompassing, where applicable and appropriate, its managers, employees and agents.
Auction: The online process facilitated by the platform through which a buyer and a seller are matched based on the highest price the buyer is willing to pay for the seller's vehicle.
Bid: An offer to buy a vehicle at a price dictated by the platform, also referred to as a bid.
Hammer Price: The value of the highest bid for the purchase of a particular vehicle at the time the auction is deemed to have ended by the platform.
Buyer's Commission: A commission for the service applied on top of the hammer price and charged to the Buyer.
Sales Value: The total hammer price plus the Buyer's commission plus the Buyer's commission plus VAT on the Buyer's commission.
Reserve: The minimum price at which a vehicle may be sold as stipulated by the Seller in the conditions of sale on the HCA Platform whether or not it has been communicated to the Buyer before, during or after the bidding.
Seller: The person who offers a vehicle to be sold as described on the platform and enters the respective data therein.
Payment Provider: The credit institution which ensures all the payments, collections and captivations of payment due for the transactions made on the Service and on the Platform, fees, commissions, etc.
Service: The HCA Platform, and online and/or mobile services, software provided on or in connection with the service (collectively, the "Service")
Haute Corniche - Auctioneers, Lda. is a vehicle listing, information service and auction site that brings together buyers and sellers by providing this service in accordance with these terms and conditions and particular to bidders . Haute Corniche - Auctioneers, Lda. is not a broker or dealer of vehicles and does not sell, trade, buy or offer for sale the vehicles listed for sale on the Service. Haute Corniche - Auctioneers, Lda. does not own or own any of the vehicles listed for sale on the Service.
Haute Corniche - Auctioneers, Lda complies with the General Data Protection Regulation and has data processing duly supervised by a data controller.
2. Seller Content
HCA does not claim ownership of the content created by Seller and the material provided to you in connection with the Services (collectively, "Seller Content"). By submitting any Seller Content to HCA, you grant HCA and its subsidiaries, associates, partners or "affiliates" an irrevocable, royalty-free, worldwide, licensable and transferable permission to copy, publish, translate, modify, reformat, create derivative works distribute, reproduce, sell, display, publish, transmit, host, archive, store, cache, use or otherwise exploit all or any portion of the Seller Content, information associated with the Seller Content, in any commercial or non-commercial manner, in whole or in part in any and all distribution channels, forms, media or technology, whether now known or later developed, including, but not limited to, in shops, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without prior notice to the Seller, all provided that it is not personal information and reservation of your private life and intimacy nor is it data and information the processing of which is prohibited by data protection legislation, namely the GDPR.
The HCA Company does not guarantee the truthfulness, accuracy or reliability of any Seller Content nor does it endorse any opinions expressed by you or any other person. By submitting the Seller Content, the Seller fully and unconditionally releases and forever discharges HCA and its managers, employees and agents from any and all claims, demands and damages (actual or possible, direct or indirect), whether now known or unknown, of every kind and nature or in any way related to:
a. Disputes between the Seller and a Buyer or one or more users or any other person or entity;
b. The use by HCA or the Seller of the Seller Content.
c. The legality of the documents submitted as well as the lawful possession and ownership of the vehicle
3. Undertaking by the Seller
By posting a vehicle on the platform, the Seller undertakes that:
a. The Seller is the owner of the vehicle or is duly authorised as an agent (whether such authorisation is disclosed or not) for a principal who is the owner legally entitled to sell the vehicle (it being certain that in this eventuality the Seller acts as an agent for the owner of the vehicle) in which case the Seller constituted as agent and the principal shall be jointly and severally liable as such for the sale of the vehicle;
b. The Seller sells the Vehicle with full title guarantee free of any liens, charges and claims from third parties.
4. Bidding And Auction
In respect of the Auction Service provided by HCA, the Seller agrees to provide the Company with a reserve amount indicating the minimum price at which the Seller will make a sale of the relevant vehicle (the "Reserve") prior to the publication of the Seller's advertisement by HCA. The Seller may reduce or waive the Reserve during the auction by notifying HCA of such change by email. The said Reserve may also be waived in full prior to the publication of the advertisement.
Each Buyer acknowledges and agrees that:
a. Each bid submitted through the Service is binding on the Buyer and establishes a first contractual offer to enter into a contract for the sale of the vehicle between the Seller and the Buyer;
b. By submitting a Bid, the Buyer agrees to pay 5% plus VAT of the Bid amount to HCA (being a minimum of 500 Euros plus VAT and a maximum of 7500 plus VAT ), if his bid is the highest at the time the Auction ends and the Reserve of the Vehicle is reached; the collection of this amount will occur when the auction is concluded, through the means of payment made available by the Payment Management Entity, under the terms and conditions it offers. Collection of the payment may also be made by bank transfer within a maximum period of two (2) business days after the end of the auction.
c. By presenting a Bid, the buyer agrees to also pay 0.5% plus VAT of the value of the bid to HCA (with a minimum of 50 Euros plus VAT), in case his bid is the highest at the time the Auction ends and the Reserve Vehicle is reached; the collection of this amount will occur when the auction is concluded, through the payment method made available by the Payment Management Entity, under the terms and conditions it offers. Collection of the payment may also be made by bank transfer within a maximum period of two (2) business days after the end of the auction.
d. The Buyer is solely and exclusively responsible for all municipal and state taxes and fees applicable to the vehicles advertised on the Service provided by HCA. Sellers are not responsible for payment of any shipping or delivery fees. Buyer is required to personally verify the goods and documents Buyer acknowledges and agrees that HCA assumes no liability nor has any risk associated with the purchase of a vehicle advertised through the Service, whether or not any verification has been performed.
Costs The use of certain parts of the Services provided by HCA on the Platform has an inherent cost for the user, including, but not limited to, the publication of listings by the Seller, the commission to be paid by the Buyer to HCA. The use of the costly parts of the Service will occur against the respective payment, which the user agrees as the price imposed and contained in the information on the Platform. HCA reserves the right to add new services with additional fees and charges, add or change fees and charges for existing services, at any time and in its sole discretion. The Hammer Price of the vehicle or lot does not include any state or municipal taxes or fees that may be imposed on the lot, such as, but not limited to, vehicle title registration costs, or any other tax or fee or emoluments applicable under applicable law. The responsibility for any such costs, taxes or fees lies with the Purchaser. All amounts listed on the Platform are in Euros (€).
6. Buyer's Commission
When bidding on a lot in an auction, the Payment Management Entity will temporarily block the credit or debit card provided by the Buyer to ensure collection of the fee payable if the Buyer is the winner of the lot. The credit or debit card information will be provided directly to the Payment Management Entity, which operates a secure server to process payment details, processing any pre-authorisations and authorising payment. By registering to make a payment using the services provided by the Payment Management Entity, the user confirms that he/she accepts and agrees to abide by its terms and conditions and acknowledges that they constitute a legally binding contract between it and the user. The Payment Management Entity ensures compliance with the General Data Protection Regulation.
The auction, does not contemplate any "cooling off period". The user who submits a bid and wins the final bid, obtains the obligation to acquire the bidding good; in this case the ownership is transmitted at the moment the auction is considered ended by the platform, becoming immediately the owner of the car or any other lot and responsible for the respective payment in full. No Bidder may cancel, under any circumstances, a bid placed during the sale.
The highest bidder on a lot at the close of the auction may submit to any reserve that may have been stipulated by the Seller and unless this does not apply at the express request of the Seller, will be charged immediately a commission of 5% plus VAT of the final bid. This commission is a minimum of 500 Euros plus VAT and a maximum of 7500 Euros plus VAT. You will also be charged an additional fee of 0.5% plus VAT of the final bid. This fee has a minimum of 50 Euros. The fee will be processed by the Payment Management Company on behalf of the HCA. The credit or debit card will only be charged to the highest bidder on a given lot, in which case the immediate payment will be charged by HCA to cover the Service fees. Fees due and charged by HCA are non-refundable.
Given the use of Bidspirit's auction system, no direct charges to the credit card or temporary blocking of the credit card are currently taking place. At the end of the auction, the buyer will receive an invoice via email and will proceed to make a bank transfer of the amount due to HCA.
If any entity, user, or other person submits a vehicle or other property for advertisement and subsequent auction on the Services provided by HCA, and if HCA accepts such vehicle or property, such parties are deemed to be a "Seller" on the Services provided by HCA. The Seller is responsible in all respects for the Content provided as well as any other information relating to any vehicle or property that may be sold. The Seller is also fully responsible in all respects for the completion of the transaction with the Buyer and these terms and conditions apply to the Sales Contract.
The access or use of the HCA services by users who are sellers for the sale of a vehicle or other good while implies exclusivity of access and use of this service and platform, for the period in which the ad(s) of the seller are available. Sellers, therefore, may not advertise, post or otherwise make available the vehicle in question or other good at any other auction, dealer or ad service. Sellers acknowledge and agree that at any time after the advertisement is published, the seller's listing may be unilaterally removed by HCA in its sole discretion.
Sellers may stipulate a reserve value for the lot they are putting up for auction. The lot will only be sold if the reserve value is reached. However, the Seller may ask HCA to lower or delete the reserve value of the lot in question, via email, at any time from the submission of the advertisement until the end of the auction of a lot. A Seller may never ask HCA to increase the reserve value of a lot he is selling after the ad for that lot has been submitted to HCA.
When a Seller submits an advertisement, with a reserve value, to be approved and consequently published for auction sale by HCA on the Platform, HCA has the right to consider the reserve value of the lot in question above the market value, thus hindering the sale. In this case, HCA will notify the Seller by e-mail that it considers the reserve value to be inadequate for the lot in question and that it advises the Seller to reduce or waive it. In case the Seller decides not to follow the offered advice, and in case the lot does not reach the reserve value and therefore does not sell, HCA will charge the Seller in question 2500 Euros plus VAT through the Paying Agency.
7.2 Lots Withdrawn from Sale
The Seller acknowledges that HCA has incurred and will incur costs and expenses for the purpose of fulfilling its obligations as set out in these terms / contract. The Seller also acknowledges that withdrawing the vehicle from sale represents a breach of this agreement, and the repairs required would be difficult and impractical to calculate. As such, both parties agree that the amount to be compensated as described in this paragraph constitute reasonable net damages. Should Seller wish to withdraw its vehicle from sale after signing, or the digital equivalent, of this agreement, Seller agrees to pay HCA fifteen (15) percent of the reserve price for vehicles listed with a reserve price or fifteen (15) percent of the lower of the estimate for vehicles listed without a reserve or, if it has neither a reserve or estimate, fifteen (15) percent of the fair market value of the vehicle.
8. Payment and Collection of the Vehicle
The Buyer has 3 working days to make payment for the vehicle ("hammer price") in full to the Seller. Payments must be made by bank transfer, proof of which must be made available to both the Seller and HCA
The Seller and the Buyer may agree a different method of payment between them, provided that it corresponds to the amount of the hammer price. HCA strongly advises against any method of payment other than bank transfer. The Seller agrees and accepts that failure to pay for the vehicle is not the responsibility of HCA, nor does it constitute it in any obligation, this payment being the sole responsibility of the Buyer.
Collection of the vehicle is the Buyer's responsibility, and never HCA's. The Seller and the Buyer may agree between them arrangements for the collection of the vehicle, always releasing HCA from any liability.
9. User Accounts
In order to use the Service offered by HCA, users are required to register. HCA has the sole legal and contractual authority and power to permit or reject user accounts without explanation.
10. Anti Money Laundering
The Buyer agrees to provide all information and support reasonably requested by HCA to comply with HCA's internal anti-money laundering procedure and to comply with any and all Anti Money Laundering Laws and Regulations in force in the jurisdiction in which the auction is held.
Forum For the resolution of any dispute between the parties under the contract for the provision of services entered into between them, the competent court will be the District Court of Porto, with express waiver of any other.
These terms and conditions were translated to English from its original version in Portuguese. For any conflict resolution only the Portuguese terms are valid. These only serve as an inaccurate representation of the original terms in Portuguese.
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Updated on 11/02/2022