Member Terms and Conditions of Copart Autos España, S.L.U.
1. Introduction
COPART AUTOS ESPAÑA, S.L.U. (Hereinafter "COPART") makes available, by way of public and open auction through the web portal for auctions of car dealers located in www.copart.es (the "Portal"), the used vehicles offered for sale by Copart ("Own Vehicle") or directly by its customers ("Customer Vehicle") (the "Own Vehicles" and "Customer Vehicles" will be referred to collectively as the "Vehicles").
If you opt for the acquisition of one or more vehicles, the purchasing conditions thereof are laid down in this page. These conditions stipulate, among other obligations, (i) the terms of acquisition of the vehicle; (ii) payment; (iii) terms and delivery of the vehicle; (iv) Administrative obligations arising from the acquisition; (v) your rights as a consumer (if this condition is met); or (vi) your rights under the Data Protection Act.
We kindly ask you to read the terms of use before bidding for the purchase of a vehicle (the "Terms of Use"). Mere access to the website and entering your personal data constitutes your express acceptance of the Terms of Use within the scope established in the same and their acceptance.
2. General Overview of the Service through the Portal. Warning
1. Terms of Use comprise the bidding service and sale of vehicles through the Website owned by Copart. By this service, Copart offers to anyone interested Vehicles owned or owned by third parties to effect a sales service through the Portal. Copart also provides various services to the Vehicle buyer (the "Buyer"), some included in the purchase price and some additionally priced and separately for an additional price.
2. In this regard it should be noted that in the case of the sale of Customer Vehicles, Copart is neither the buyer nor the seller of the same although the eventual transaction is made through the Portal. In these cases, Copart simply provides a space where buyers and sellers can negotiate and agree. In such cases, out of the obligations expressly assumed by Copart to the Buyer or the vehicle owner, the terms of the sale and its effects relate solely to the Buyer and the Customer Vehicle owner. Specifically, Copart does not act in these cases as representative or acts on commission of any party.
3. We ask you to take care that the purchase of vehicles through the Portal creates obligations for the buyer. Among others, the obligation to pay the price and the taxes and expenses and removal of vehicle purchased within a given period is essential. Buyer may also may be subject to payment to Copart or others (the owner of the vehicle, if different Copart) other costs or penalties for breach of its obligations in the form and terms established in the TOS or Specific conditions.
4. Please also take note that Copart only expressly assumes the obligations specifically included in these Terms of Use. Copart is therefore exonerated from any further liability to the Buyer or any third party. Among others, Copart assumes no obligation with respect to: (i) the state of the vehicle, responding only for eviction in case of an own vehicle; (ii) those produced as a result of a total or partial or late assumption of obligations by the Purchaser or a third party for non-compliance; (iii) negative decisions of the competent authorities; (iv) fines or penalties affecting vehicles except those imposed in relation to Copart owned vehicles and during the period that they were his property.
5. Buyer may not use the Portal (i) in any way that causes or may cause damage or injury to Copart or any other user of the Website; (ii) cause or lead interruption or malfunction of the Portal; (iii) or for any fraudulent or illegal purpose (including alteration of prices).
6. Copart reserves the right to deny access to the Website or delete or modify any content or to expel from the Portal any buyer who violates these Terms of Use or applicable law.
7. Due to the nature of the internet, Copart assumes no liability as a result of failures in availability or interruptions in the Portal or any errors in any transmission of information. It also warns that access to the Website may occasionally be suspended or restricted for repair or maintenance work or updates.
8. Copart assumes no responsibility for losses which are not attributable to a breach of contract or delays caused by events beyond its control or force majeure. In any case, Copart will never be liable for lost profits or indirect losses.
3. Variation of the Terms of Use
Copart may make changes to these Terms of Use at any time. The Buyer shall be subject to the Conditions of Use applicable at the time of use of the Portal. If any of these Terms of Use or the Terms of Service are held invalid, void or for any reason ineffective, that condition shall be deemed excluded so that such declaration cannot affect the validity or enforceability of the remaining conditions.
4. Minors
The Portal allows access only to individuals of age accordance with the laws of the Kingdom of Spain (18 years old).
5. Privacy Policy and Communications
5.1. Privacy
Please review our Privacy Policy.
5.2. Electronic Communications
For the purposes of compliance with these Terms of Use, any electronic communication addressed to the Buyer by Copart (including by sending emails or providing information through options enabled in the Portal) shall be considered as a valid, truthful and binding communication issued on the date of delivery (e-mail) or activation of the option concerned.
Copart may contact the Buyer by the same means (by email or by posting or sending messages or communications through the Website). For the purposes of the Terms of Use the Buyer consents to receive any communication by electronic means from Copart and expressly agrees that all contracts, notices and other notices or communications sent by electronic means are fully valid and binding.
6. Documentation required for the user to access the Portal as Buyer
6.1. Type of Costumers
In order to bid and buy a vehicle, you must be a costumer with Basic or Premier membership, and be active.
1. GUEST: Must register and provide their first and last name, email address and phone number. Guest users have the option of submitting a physical address and copies of a government-issued photo ID, as well as completed business licenses and sales tax exempetion certificates, if applicable, in preparation for becoming a Basic or Premier customer. Guest users can search inventory, use the fee calculator, add vehicles to a favorites list and create vehicle alerts, but cannot bid or buy vehicles unless they purchase a Basic or Premium membership. To bid and buy a vehicle, you must be a costumer with Basic or Premier membership, and be active.
2. BASIC: Customers with Basic Membership must register and provide copies of a government-issued photo ID, as well as completed business licenses and sales tax exempetion certificates, if applicable. In addition, customer with Basic Membership must pay the registration fee (Basic membership)
3. PREMIER: Customers with Premier Membership must register and provide copies of a government-issued photo ID, as well as completed business licenses and sales tax exempetion certificates, if applicable. In addition, customer with Basic Membership must pay the registration fee (Premier membership)
All Basic or Premier customers purchasing vehicles for resale, must provide copies of current licenses and completed sales tax exemption certificates. Basic and Premier membership must be renewed each year by paying a non-refundable annual renewal fee and submitting copies of all current licenses (if applicable), as well as any information regarding change of ownership or address. Copart reserves the right to increase or decrease registration and renewal fees at any time without notice to customers.
To access the portal in the Basic or Premium modes, it will be necessary to pay the membership for subsequent bids during the auction. The buyer may request a refund within 7 (calendar) days following payment, as long as no bid has been placed.
6.2. General Documentation Required to Access the Portal
To apply for registration on the Site, the Buyer shall provide the following information, whose entry guarantees its accuracy:
- Name or company name of Buyer
- Buyer DNI (ID number) or legal representative. In this case, the representation he has
- Buyer NIF as legal person (VAT number)
- Deed of the company
- Trade Registration/License Activity (IAE and date in the VIES)
Buyers who are already registered with one of COPART’s affiliates may provide COPART with their personal e-mail address used for the previous registration. By providing the personal e-mail address used for the Buyer’s previous registration with one of COPART’s affiliates, the Buyer agrees that COPART may access any personal data and information previously provided to COPART’s affiliate in order to complete the Buyer’s registration with COPART.
The provision of such information implies the statement that the Buyer knows and accepts the Conditions of Use and, if necessary, the special conditions to which the bid is subject.
COPART will store this information and any information concerning bids and the moment in which they have occurred, and they may be used before the authorities or parties to proceed where needed to resolve conflicts or defend their interests in Courts or outside them.
Once completed the process of information delivery, Copart will provide the Buyer with a username and password that enables access to the Website.
6.3. Documentation Required for the Bidding and Procurement of End of Life Vehicles (ELV) for Treatment, Decontamination and Destruction
ELV acquisition is subject to the provisions of Royal Decree 1383/2002, of December 20, on Management of ELVs and the European Directive 2000/53 / EC Parliament, so that only the acquisition of this type is authorized to DESGUACES or Authorized Treatment Centres CAT.
Therefore, the buyer who wants access to these ELVs Vehicles confirms by accessing the Portal to be a CAT Centre authorized and trained by material, organizational and administrative means, fulfilling all aspects established and legislated in Environment and Waste rules (the "Scrapping Purchaser")
The scrapping Buyer wishing to participate in the auction must submit ELV the form as enabled in the Portal, certifying their approval as CAT Licensed Treatment Centre along with detailed information on the above (6.1 and 6.2).
The scrapping buyer legally authorized to acquire ELV, must comply with all the provisions and rules of the law and act accordingly with each ELV vehicles purchased through the Portal. Copart assumes no obligation or liability resulting from a breach of obligations to the Buyer in accordance with the Waste legislation.
7. Conditions of Auction Vehicles
7.1. Conditions of Vehicles
All vehicles presented for auction will have all the documentation in order to manage the sale of the same and be free from all kinds of charges, taxes and fines. Otherwise, it shall be formally notified in the comments.
The amount of the value of the charges that appears on each car at auction, with or without expert opinion, is always deemed to be indicative and approximate.
7.2. Documentation Required for Management of Sales and Transfer of Ownership of the Vehicle
Copart will provide the Buyer of the vehicle all documentation to manage the sale.
1. Original Circulation Permit
2. Original Technical Inspection Card
3. Proof of payment of the circulation tax for the year
4. Photocopy of ID in case the owner is an individual
5. Photocopy of NIF, ID of the Manager and articles of association of the company for cases where the owner is a legal person.
6. Management mandate signed and completed correctly. In addition, companies must also provide a signed and completed legal person representation document.
7. Any other document which by law is required
7.3. Documentation Required for the Management of Deregistration and Certificate of Destruction:
Copart provides the Buyer of the vehicle destined for scrapping the following documents;
1. Registry Application Form signed by the vehicle owner
2. Original Circulation Permit
3. Technical Data sheet (original)
4. Photocopy of the ID owner in case of him being an individual.
5. If the owner is a legal person, a photocopy of the NIF, ID of the Administrator or Administrators and articles of association of the company are required.
6. Any other documentation required by law
8. The Procedure for the Tenders and Awarding of Vehicles
8.1. The Auction
1. Buyer may access the list of vehicles that are at auction, see the description of each of them, photos and inspection or repair budget as appropriate, bid for any one who is of interest. However, bids for scrapping vehicles can only be made by the Buyer once he has proven to be an Authorized Vehicles Treatment Centre (CAT) and they are purchased by them to allocate vehicles to deregister them and decontaminate them.
2. Bids for potential vehicles for repairs may be undertaken by any Buyer.
3. In the Portal we have these kind of bids: Open or Visible Bids
The auction system will display the exit value and the amount for which it is being bid on, the buyer may bid by increasing the amount of the last bid for the minimum set for the vehicle.
After the auction, the system displays the amount for which the Buyer has bid and shall indicate whether the amount of the bid is the highest bid.
4. The maximum number of bids for each vehicle is unlimited until the end of the auction time.
5. Buyer shall have access to vehicles located at various locations.
6. The Buyer shall have vehicles at auction by direct agreement after the close of the auction, which means the vehicle will de facto be available, once the payment of the vehicle and management fees are made.
7. Bids commit and engage the Buyer to payment and acceptance of the amount made and for the acquisition vehicle to be earmarked in the proposed end of Auction Sheet. Failure to respect the bid placed, means the buyer is obliged to pay a penalty (as such term is defined below) and the damages caused. Also, in these cases the Buyer will automatically lose the ability to access the Website and purchase other vehicles.
8 When the top Buyer rejects the Vehicle awarded for whatever reason, we will contact the next highest bidder, to see if he would be interested in acquiring it at the price of the highest bidder.
9. Penalty by the defaulting bidder for leaving unpaid the auction in the manner prescribed in paragraph 8.1.7 above shall be 10% of the bid, with a minimum amount of € 270.00 plus the applicable VAT.
The penalty will not replace in any case the compensation for damages where appropriate, in accordance with Article 1152 of the Spanish Civil Code. However, Copart allows the Buyer to be exempt from compliance with the obligations under this Agreement upon payment of the penalty in accordance with Article 1153 of the Spanish Civil Code.
8.2. Opening and Closing Dates of the Auction and Management of Sales or Deregistration of the Vehicle
The Portal holds auctions only on weekdays, defining as working days.
All periods of preliminary auctions are held from the time the vehicle is posted on the Website and live auctions start at 11:00 am. They will be closed when there is no more offer than the highest bid at that time.
8.3. Management of Sale or Deregistration of the Vehicle.
1. At the end of the auction time, Buyer may check on the system if he is the highest bidder.
2. If the Buyer is the highest bidder but his bid has not passed the Minimum Bid, or if there is not a minimum reserve value, the sale will be provisional and Seller must accept or reject the bid amount within 2 days after completion of auction.
In the event that the Seller does not accept the auction by the deadline, the Buyer will be disassociated from the acquisition and the amount bid for the vehicle.
3. Upon acceptance, Copart assigns the vehicle to the maximum tenderer, and he will make his payments by bank transfer within the next (3) three business days including Sale Confirmation Date. If Copart does not receive payment within the terms stated on the invoice, late fees and other penalties will apply.
8.4. Vehicle Removal
1. Once we receive the payment at Copart, it will proceed to the issuance of authorization for taking the vehicle away. (Gate Pass PIN)
2. In all cases in which Copart has not received all the necessary documents to manage the purchase/sale and transfer of the vehicle (included in point 7.2 of these terms and conditions), vehicles will not be permitted the removal from the Copart facilities by part of the buyer.
3. The Buyer has (5) five business days including Sale Confirmation Date for. From the fifth business day, Copart may opt to ship the vehicle to the Buyer, and the Buyer will run with all transportation costs and the costs caused by the delay (costs of stays).
4. Upon receipt of the vehicle documents, Copart takes all steps to obtain the certificate of destruction of the ELV vehicles or the vehicle's transmission from all those bound for reconstruction.
5. Once the processing of all the certificates of destruction or transfer documents are placed in the Copart System, the original documents are sent to the address designated by them.
9. Compensation for Eviction and Hidden Defects
9.1. Responsibility for Eviction
The vehicle owner (Copart, in the case of their own vehicle; or the owner, if it is a Customer Vehicle) are liable for compensation for eviction under the terms established in the Civil Code.
In case of the sale of a Customer Vehicle, Copart assumes no responsibility for eviction.
9.2. Liability for Hidden Defects
1. The vehicle owner (Copart, in the case of their own vehicle; or the owner, if it is a Customer Vehicle) will respond by repairs for hidden defects in the terms established in the Civil Code.
2. Copart is not responsible for any claims for damage/concealed defects or missing parts on vehicles, after the vehicle is removed from Copart's facilities by the buyer.
3. For this purpose we understand that sales are unitary and, therefore, without application of the provisions of art. 1491 of the Civil Code.
9.3. Copart Overall Responsibility
Copart shall be liable for (i) any direct damage or losses unless they were attributable to any failure on their part; (ii) loss of profits; or (iii) any indirect or consequential losses.
Also, Copart will not be responsible for any delay or failure to perform its obligations under these Terms of Use if such delay or failure cannot be attributed to it or is due to force majeure. Specifically, Copart assumes no responsibility for eviction or hidden defects of Customer Vehicles or breaches of their owners. Similarly, it is not responsible for any default or liability of the depositaries of Vehicles (workshops, etc.).
10. Annulation of the Purchase Agreement
The sales contract can be annulled by all parties for the following reasons:
- By misrepresentation or omission in the data sheet of the vehicle
- By falsifying the date of 1st registration of the vehicle
- For additional burdens or problems existing which prevent the transmission or registry of the vehicle within 90 days.
- In case it is applicable within fourteen (14) days as established in the Law for Consumers and Users. This period shall run from the date on which the vehicle is made available to the Buyer in the manner provided under these Terms of Use.
The deadline for the claim to annul the contract of sale is 7 calendar days from the award of the vehicle, except in cases of problems in the documentation for the vehicle's transmission, when it will be 45 calendar days after the acquisition.
11. Billing and Payments
Access to and use of this system entails for the contracting parties compliance with all the obligations arising from the commercial, civil, accounting and tax legislation, both general and sectorial. Accordingly, the Buyer shall be obliged to comply with the following points;
- The Buyer guarantees the authenticity, identity and integrity of data entered into the management system of Copart of both personal and financial nature.
- Accepting the document of Sales and the Purchase Receipt or Invoice, presented by Copart depends on whether or not the vehicle has a VAT breakdown or not.
- Buyer accepts the payment forms, described above.
The Buyer is obliged to accept the final amount of the payment for the acquisition of the vehicle, the value being the bid for the vehicle plus, where appropriate, the Management Fee, Transport and Interest and financial costs generated according to the chosen payment method for the payment of the invoice for each car.
The Buyer is obliged to inform Copart of errors and changes or modifications that may occur in the data of Social and Fiscal identification (name or company name, address, VAT number, bank details ...), and that the tax law considers mandatory to issue invoices.
12. Personal Data
12.1. Ownership of Personal Data
The personal information concerning the Buyer provided by Buyer to Copart is owned by the Buyer, but will be handled by Copart for the purposes of meeting its obligations under these Terms of Use or in compliance with the applicable legislation.
12.2. Processing of Personal Data
To comply with the provisions of Article 12 of Organic Law 15/1999, of December 13, on Protection of Personal Data, Copart will only use the stored personal data they have access to fulfil their obligations under this Agreement. Also Copart shall not communicate or transfer in any way the personal information to others, even to conserve data.
Notwithstanding Buyer's data could be excluded from the application of the rules under art. 2 of Royal Decree 1720/2007 of December 21, for the purposes established in the LOPD, the Buyer is informed that the personal data provided will be included in the files held by Copart in the exercise of their business and in order to maintain the contract and relationships derived therefrom; they may exercise their rights of access, rectification, cancellation and opposition that may be required on such data, which they may expressly exercise at the domicile declared and known by them.
13. Trademarks
This Agreement does not give any right to any Party to use in any way any trademark, distinctive sign, slogan, emblems or translation thereof used by any other or to be adopted in the future by the other, or use for advertising purposes or in their trade relations with third parties.
14. Applicable Law
Conditions of Use and the Special Conditions shall be governed by and construed in accordance with the laws of the Kingdom of Spain.
The Parties, expressly waiving other jurisdiction that may be applicable to them, submit to the jurisdiction of the Courts of Cordoba City for any dispute concerning the interpretation or execution of the Terms of Use and the Special Conditions. However, the safe mandatory standards established by the Law of Consumers and Users will apply to the Buyer.