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Legal Notice and General Terms and Conditions

Auction terms for the sale of damaged or salvage vehicles.

 

RIGHT OF REVOCATION AND LEGAL SCOPE

Welcome to our website www.autorecupera.com. The Autorecupera trademark is owned by the Spanish company ENTERPRISE CARS, SL., with Tax Identification Code: B-85.747.244 and registered office at Calle Saturno, 34, 28224 Pozuelo de Alarcón (Madrid), and registered in the Company Registry of Madrid in Volume 26934, Book 0, Page 175, Section 8, Sheet: M 485388. Hereinafter "AUTORECUPERA".

These terms and conditions regulate and apply to the services on www.autorecupera.com (hereinafter the "Website") that ENTERPRISE CARS, SL makes available to the individuals or professionals looking for information or/and who are interested in selling or purchasing a used motor vehicle with damage, mechanical failure, that has been in an accident or has legal problems or issues with its papers. By accessing the Website you accept the terms and conditions established by ENTERPRISE CARS, SL, as the Company’s Provider of Services and Information, to ensure that it operates properly. You may contact AUTORECUPERA via our post address, Apartado de Correos 1022, Sucursal Nº 1, C.P. 28224 Pozuelo de Alarcón (Madrid), our email address info@autorecupera.com or by calling us at (+34) 916 169 777.

These terms of service come into force on 1 July 2013.

AUTORECUPERA acts exclusively as an independent intermediary, offering professionals of the auto industry a commercial platform on the Website for online auctions of used, damaged and salvage cars or vehicles with other legal problems or issues with their papers, under the domain www.autorecupera.com.

LEGAL SCOPE.

AUTORECUPERA offers an online commercial platform. The terms described below affect the use of the applications on the AUTORECUPERA website. This is a translation of the terms and conditions originally drafted in Spanish. The contracting parties must be exclusively natural persons older than 18 or legal entities with legal capacity to enter into binding contracts. These terms and conditions are expressly subject to the Courts of the city of Pozuelo de Alarcón, waiving any other applicable jurisdiction. These terms and conditions will be governed by the provisions of Spanish regulations. In the event that any of these terms or conditions are declared ineffective, null or unfeasible, this shall not affect the enforceability of the others, which will remain fully valid and in force. Such a term or condition will be understood to be replaced by a provision that is valid, enforceable and feasible and that gets as close as possible to the purpose and spirit of the original provision subject to correction, from any perspective, especially from an economic one, without any further actions on behalf of the parties in terms of form, content, time and measure being necessary.

CATEGORIES OF USERS AND RIGHTS OF USE

One must be duly registered in order to buy or sell through www.autorecupera.com. Users must not register under several names at the same time or participate in actions using a false identity. There is no right to register and use the website. AUTORECUPERA will not be liable for any failures that may occur in the communications, including deletions, incomplete transfers or delays, also not guaranteeing that the network will be operational at all times. Neither will it be liable if a third party, in violation of the security measures established by AUTORECUPERA, accesses messages, introduces computer viruses or causes any other type of damage to the computer system that may affect its users. AUTORECUPERA does not control or guarantee the absence of computer viruses in the services provided by third parties through the web page that may cause alterations to your computer system (software and hardware) or to the electronic documents and files stored in your computer system. AUTORECUPERA reserves the right to modify the applications of its website, block or delete users and/or offers at any time and without the need to provide reasons.

DOCUMENTATION and INSURANCE:

In some cases, vehicles may be temporarily taken off the road or their papers may have been lost. It is the buyer’s responsibility to make the necessary copies of documents or register the vehicle with the traffic authorities to be able to drive it. Likewise, the buyer or collection company will be responsible for insuring the vehicle, since it will not have an insurance policy in force.

Likewise, AUTORECUPERA does not guarantee that the vehicle has keys, manuals, spare wheels, hubcaps, tools, safety screws for tires, signalling kits in the event of a breakdown or other elements that usually accompany the vehicle.

The buyer will be responsible for any encumbrance or fine on the vehicle since it is collected or from the end of the collection period.

If the buyer decides to move the vehicle themselves, it will be at their own risk and expense. AUTORECUPERA discourages this practice since the vehicles are not in conditions to be driven.

PRICES, TAXES AND EXPORTATION:

The prices listed on the website, as well as the bids and offers from potential buyers, always include VAT when the vehicle comes from a company and has deductible VAT. If the vehicle is subject to the Spanish Special Tax Regime for Used Goods (“Régimen Especial de Bienes Usados” in Spanish, also called “REBU”), this shall be specified in the vehicle file.

If the buyer intends to export the vehicle to an EU member country, they must be registered as an intra-community operator (through the VIES system), in which case, if the seller is also registered on this system (indicated on the vehicle file), the transaction will be exempt from VAT.

If you buy a vehicle with deductible VAT for any other non-EU country, the transaction can also be exempt from VAT if the seller accepts it and the VAT is deductible.

In either case, the buyer is subject to the following rules:

The vehicle must be sent to the destination country through a duly authorised transport company.

A duly completed Single Customs Declaration (“DUA” in Spain) must be submitted.

You must attach a delivery document to certify its arrival at the destination: a sworn statement, stamped delivery note, registration papers for the destination country, etc.

REGISTRATION, BLOCKING, SUSPENSION AND TERMINATION

To be able to use all of AUTORECUPERA’s services, you must register as a “user”. There is no right to registration with AUTORECUPERA. Registration is free. It is done by opening a user account and submitting the document accepting the general commercial terms and conditions. With registration, an agreement is entered into between AUTORECUPERA and the "user" on the use of the vehicle auction platform www.autorecupera.com.

The data that AUTORECUPERA requests during registration must be complete and correct. If there is a change in the "user" data after registration, the "user" must notify AUTORECUPERA.

During registration, the "user" will select a username and password. The username must not be an email address or an Internet address or violate the rights of third parties, particularly naming rights or copyright. The password must be kept secret. The user is responsible in the event of improper use of the username and password. The user account is not transferable. AUTORECUPERA can block the user account at any time. The moment a user account is blocked, the user will no longer be able to use the AUTORECUPERA websites and will be unable to register again without express authorisation from AUTORECUPERA.

Once this initial registration is done, AUTORECUPERA will request certain additional documents as a requirement to participate in the auctions. Your registration will be incomplete until you send this information and have been expressly authorised.

The user can terminate the agreed terms of use at any time. A written note or an email to Info@autorecupera.com is sufficient to proceed with the termination.

AUTORECUPERA can terminate the agreed terms of use with immediate effect at any time without having to meet any deadlines.

OBLIGATIONS OF THE BUYER:

All bids you make during the auction and bids you make during the trading period are considered an irrevocable purchase commitment. At the time you place a bid for a vehicle in this auction, you confirm that you know and accept these conditions.

Once the auction is over, if your offer does not reach the minimum price, AUTORECUPERA has seven days to notify you by e-mail if the seller accepts your offer.

For VEHICLES SUPPLIED BY COMPANIES OR INDIVIDUALS, the winning bid is subject to the owner’s approval. Bids will be valid for 7 days to give enough time for the company’s procedures.

For VEHICLES SUPPLIED BY INSURANCE COMPANIES, the winning bid is subject to the owner's approval. Bids will be valid for 30 days to give enough time for the company’s and the insured person’s procedures.

Payment of vehicles will be made within 2 working days after receiving the e-mail in which we inform you of your purchase.

The buyer will cover all the costs of making the payment via bank transfer.

Once the payment is received, AUTORECUPERA will send the Removal Authorisation document within the following seven working days.

From then on, the buyer must pick up the vehicle from the facilities indicated in the release document within five working days. In the event of any coordination issues with the place of collection, you must notify AUTORECUPERA within this period.

After this period, the seller and AUTORECUPERA will not be held liable for any possible damage to the vehicle, both physical and mechanical, and Autorecupera or the seller reserve the right to charge € 20 per day for parking service.

The costs of transfer and document processing, along with AUTORECUPERA administration fees are the following:

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* If the owner of the vehicle is an individual, and the professional buyer wants to make the purchase as an individual, the transfer fee is € 156. This way, the buyer will avoid having to pay the Spanish Property Transfer Tax (“Impuesto de Transmisiones Patrimoniales y Actos Jurídicos Documentados”), which ranges between 4% and 8%, depending on the region.

Autorecupera reserves the right to modify these rates without prior notice.

Certain vehicles can be subject to special conditions, which can be seen in the vehicle file. These specific conditions are considered additional and complementary, prevailing in any case over the general terms and conditions.

The buyer, when registering, has accepted these General Terms and Conditions by checking the box next to the text: "By submitting my personal data I confirm that I have read and accept the privacy policy and the general terms and conditions of this website.” By accepting these general terms and conditions, you firmly commit to their compliance and must uphold your contractual obligations. If you have registered with AUTORECUPERA, you have already accepted these general terms and conditions.

User registrations in any category will entail full acceptance of these General Auction Terms and Conditions. AUTORECUPERA undertakes to send precise instructions about the process of participating in the auction as soon as a user is validated by AUTORECUPERA. This shall be done by email, so the information must be accurate and correct at the time of registration. Likewise, AUTORECUPERA will provide the user with a control panel that will be accessible by the user with their password, previously chosen by the user, where they will have access to complete data on their profile and where they will be able to update their personal information and preferences.

The bidder, expressly waiving any jurisdiction that may apply, agrees to submit any discrepancies that may arise from these terms and conditions to the Courts of Pozuelo de Alcorcón, Madrid (Spain).

The user has the obligation to comply with the current legislation when using the AUTORECUPERA website and services.

The purchase and sale operations carried out through this commercial platform at www.autrecupera.com will be completed by different means, be it a purchase or sale agreement, invoice or other legal means. The sale will be arranged between the owner and the buyer or between Autorecupera and the buyer (in this case Autorecupera acquires the good to enable intermediation, not waiving the responsibility of the seller or owner regarding the vehicle and the description of the damage). To formalise the sale, AUTORECUPERA might provide the buyer with the seller’s information, and the use of the obtained addresses, contact information and emails for any other reason than the formalisation of the sale is forbidden for all the users. For this purpose, the appropriate authorisations for transfers and data communications will be signed.

RESPONSIBILITY

AUTORECUPERA declares that it only offers a business platform for buyers and sellers. Potential sales agreements are entered into exclusively between the seller and the buyer. AUTORECUPERA is not responsible for the veracity or accuracy of the data, characteristics and conditions described in the offers, descriptions and advertising contained in the information provided. Likewise, the vehicle owners or sellers have sole responsibility in the commercial transactions that they conclude. AUTORECUPERA is not responsible for possible loss of profit. AUTORECUPERA is not responsible for technical problems or errors in the programme. You can find links to other Internet websites on AUTORECUPERA’s web pages. AUTORECUPERA does not offer or market the products and services available on the linked sites, so it does not assume any responsibility whatsoever in relation to the content and information found on them, nor the transactions that can be accessed or carried out, depending on the case, through these platforms and, in general, the consequences that derive from the users having access to the same, regarding which it waives all responsibility. These services are provided by third parties that act in any case in their own name and on their own behalf, regarding both the goods and the services in question, and are fully responsible for their management and exploitation, regardless of how users have accessed them.

Any offers already made cannot be decreased or withdrawn. AUTORECUPERA registers and saves all offers submitted. If any doubts arise about the offers, AUTORECUPERA will clarify them in a binding manner for the parties subject to the agreement.

An offer is not binding if the bidder made an offer incurring in an obvious typographical error which could lead to mistakes or if a third party made the offer misappropriating the bidder’s username or the password, or if the

When the bidding period established by AUTORECUPERA finishes, unless agreed otherwise, the binding period will end at the auction expiration date and the sale between the seller (or Autorecupera) and the top bidder will be formalised in accordance with Spanish law.

Both parties subject to a deal have the obligation of FINALISING AND CLOSING THE DEAL. The seller undertakes to deliver the vehicle in the described condition to the top bidder. The top bidder has the obligation to pick up the vehicle and pay for it. The same will apply when a deal has been made through the customer service centre or has been mediated by AUTORECUPERA in some other way.

THE AUCTION PROCESS

AUTORECUPERA controls the beginning, end and development of the auction. AUTORECUPERA reserves the right to suspend or modify planned auctions. AUTORECUPERA is authorised to cancel auctions without having to provide any reasons. The cancellation can occur both before and during the auction. Any completed auctions cannot be cancelled.

CLAIMS:

Therefore, vehicles purchased in this auction will be considered as a "SOLD IN CURRENT CONDITION" and no kind of claim will be accepted. With the exception of very serious issues such as, for example, the incorrect identification of the vehicle (model or engine) or when the damages are of a very different nature to those identified on the platform. Autorecupera does not accept vehicle returns, though it may offer the buyer alternative solutions if the claim is admitted.

However, AUTORECUPERA will make every effort to ensure that the information offered by the seller is as reliable as possible and if there is no detailed information, it will be included in the vehicle file. The information on the vehicles is published in good faith, typographical errors aside.

The buyer has a period of 48 hours from collection to communicate any incidents to AUTORECUPERA, always in writing, to our email: clientes@autorecupera.com.

Before removing the vehicle from the premises of the seller, the buyer or the transport company collecting it on their behalf must verify that it corresponds to what has been published on the website, and any differences found must be noted in the collection document that must be signed and stamped by the staff of the facilities where the vehicle is located. If the differences are very significant, we recommend that you contact AUTORECUPERA immediately and do not remove the vehicle.

EXEMPTION:

The user does not hold AUTORECUPERA liable for any claims against AUTORECUPERA from other users or third parties for the violation of their rights in the offers or contents that the user has registered in the website or for an improper use of the AUTORECUPERA website. The user will be held responsible for the costs of defending AUTORECUPERA's rights, including all legal, lawyer and court fees. This will not apply in the event that the user is not responsible for the violation of the right.

INTEGRITY OF THE SYSTEM

When using the AUTORECUPERA website, the user is not authorised to use mechanisms, software or other means that could hinder the operation of said website. The user is not authorised to take any action that may cause a disproportionate or excessive burden on the infrastructure.

It is forbidden to copy, disclose, reproduce or use the contents of the AUTORECUPERA website for any other purpose without the prior consent of the holder of the rights. This also affects copies made by "Robot/Crawler" search engine techniques (web trackers) or other automated methods.

Only the reproduction and use the AUTORECUPERA website design on other websites and the general terms of use are authorised with prior written consent from AUTORECUPERA.

Use of cookies by Autorecupera

Enterprise Cars, S.L. uses these cookies for a) operational reasons: balancing and limiting traffic as a means of securing our service, and b) usability: improving our website usability, making it more user-friendly and remembering user data (language, country, browser, etc.).

In no case does Enterprise Cars, S.L. record user online activity or create user profiles.

If you continue without changing the settings, we shall understand that you accept the use of cookies by the website. However, if you want, you can change the cookie settings at any time, by configuring your browser to accept, or not, the cookies you receive or for the browser to notify you when a server wants to save cookies:

If you use Microsoft Internet Explorer, open the menu and go to Tools> Internet Options> Privacy> Advanced.

If you use Firefox, open the menu and go to Tools> Options> Privacy> Cookies.

If you use Chrome, open the menu icon and go to Settings> Show advanced settings> Proxy settings> Privacy> Use custom settings for history.

If you use Safari as your browser, go to the general settings menu and, below Preferences, select the Privacy option.

For more information about cookies visit www.allaboutcookies.org

Modifications of the General Terms and Conditions

Enterprise Cars, S.L. reserves the right to modify or cancel these General Terms and Conditions at any time, undertaking to communicate the new terms or definitive cancellation where appropriate.

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