Condizioni generali

PORTUGUESE GENERAL TERMS OF AUCTION

1. Preamble

Europcar International SASU, whose registered address is 2 rue René Caudron, 78960 Voisins-Le-Bretonneux, France, provides a platform on its web site, www.2ndmove.eu, enabling users to reserve or to purchase online a wide range of second-hand vehicles, depending on their profile.

Please click on the following link for the full contact details of Europcar Legal mentions.

Only professionals can buy the vehicles offered on the Platform directly online, in keeping with the General Terms of Sale that can be viewed at the following address Terms and conditions of purchase.

Only consumers, non-professionals and employees of the Europcar group can reserve our vehicles, in keeping with the following General Terms of Reservation which can be viewed at the following address Terms and conditions of reservation.

2. Definitions

Throughout these General Terms of Auction, the following terms shall have the meaning that is imparted to them below.

3. Object – Scope

These General Terms of Auction apply exclusively between Europcar and the Europcar Operational Entity, on one side, and professionals who wish to purchase one or more vehicles through the platform, on the other.

The present Terms apply in connection with the Terms of Use governing the use of the website 2ndMove, which are available at the address here: Terms and conditions of purchase. In case of conflict between the terms of both conditions the General Terms of Auction shall prevail.

Since the General Terms of Auction may be modified at any given moment, the version applicable shall be the one that was in force on the date of the Auction of the Vehicles on the Platform.

The General Terms of Auction will be accessible through the footer on every page of the website 2ndMove.

By purchasing one or more vehicles through the Platform and clicking on the "BUY NOW" icon, the Participant implicitly, fully and without reservation accepts and agrees to abide by the General Terms of Auction.

4. Vehicles

4.1. The Vehicles may be placed in Auction as an isolated item or in Lots of more than one Vehicle.
4.2. The Vehicles to be auctioned and the information relating to them will be available to participants for review and consultation until the end of the Auction.

5. Obligations of the Participant and of the Buyer

5.1. The Participant states and ensures that is interested in bidding, in good faith, in order to buy Vehicles at auctions organized by Europcar or by Europcar Operational Entity.
5.2. The Participant shall ensure that it has full legal capacity to make the purchase of Vehicles and that may be a Buyer.
5.3. In order to use of the Platform, the Participant shall adopt an appropriate conduct, being guided by the principles of good faith and respect for current legislation, pledging to provide accurate and updated information, refraining from harming the interests or rights of third parties, other Participants or Europcar.
5.4. The Participant agrees to observe all rules and procedures indicated by Europcar when using the platform, refraining from committing any act that may compromise the functioning of the platform.
5.5. The Participant must abstain himself of any behavior that has the purpose of manipulating the auctions or other Participants, by any means, using the auction for speculative purposes and to disseminate information beyond the strictly necessary and required to complete the transaction.
5.6. The Buyer agrees to accept the condition in which the Vehicle or Lot auctioned reveals to be through a visual inspection, in particular regarding the condition of the bodywork, tires, exhaust system, automotive coating and engine.
5.7. The Purchaser agrees to collect the Vehicle or Lot after the confirmation of sale by Europcar or Europcar Operational Entity. If the Buyer fails to collect the Vehicle within five days from the date of the sale notice by Europcar or the Europcar Operational Entity, the later are expressly authorized by the Buyer, notwithstanding the amount due for parking, reauction of the Vehicle or Lot without any reserve price, to meet any obligation towards the Purchaser Claims, delivering this value to the Purchaser less the VDP.
5.8. With the exit authorization or release declaration given by Europcar or Europcar Operational Entity, the Buyer assumes (even before the person or entity who is recorded as the Vehicle owner) all liabilities arising from any damages, losses, fines or any subsequent legal proceedings directly or indirectly related to the possession or use of the Vehicle.

6. Europcar Rights

Europcar reserves the right to refuse access to Participants who may consider that can, somehow, jeopardize the proper functioning of the Auction.
6.2. Europcar has the right to cancel an account of a Participant at any time with immediate effect whenever the Participant violates the applicable law and these General Terms of Auction. If the account of a Participant is cancelled, this does not affect the validity and enforceability of any sales contracts already concluded in My2ndMove platform and the Participant will continue to be bound to any Vehicles already registered or towards bids submitted, unless Europcar determines otherwise.
6.3. Europcar or Europcar Operational Entity has discretion power to remove the Vehicle from the auction if in their opinion there aren’t proper conditions for its sale.
6.4. Europcar or Europcar Operational Entity have, without any kind of justification, power to reach a final decision on:
a) Any issue that occurred during the bidding for the Lots;
b) Any issue that occurred after the end of an Auction on identifying the Participant who submit the bids and the proper amount bided;
c) Any dispute occurred involving, in Europcar opinion, the need to cancel the Auction of a given Lot, and which may result in a reauction of the referred Lot in the mentioned Auction or in any other Auction.

7. Auction

7.1. The opening and closure of the online Auction are of the sole discretion of the Europcar Operational Entity or Europcar’s.
7.2. Europcar or Europcar Operational Entity has the right to cancel or change scheduled auctions at any time upon proper notice sent to Participants.

8. Guidelines for the submission of bids

8.1. Declared bids are binding towards the Participant that submits the bid.
8.2. If the bid is higher than or equal to the initial price proposed by Europcar or Europcar Operational Entity or higher than the current bid, the bid is immediately registered as the highest bid.
8.3. When two or more bids are equal to or greater than the reservation price, the bidder that has submitted a higher bid than the others is entitled to the Vehicle.
8.4. If two participants offer the same bid, the first bid received will become the highest bid.
8.5. If a higher bid than the one being offered has already been submitted, the bid introduced will be immediately outbid.
8.6. Bids cannot be reduced or canceled after being submitted.
8.7. Bids can be submitted automatically, in order to do so, the Bidder may activate the Auction Agent by entering the maximum amount they are willing to bid, the Agent will offer bids until the limit you set.

9. Deliver of the V.D.P.

9.1. The Purchaser agrees to promptly deliver the V.D.P.
9.2. The V.D.P. shall be delivered to Europcar within two days after the end of the Auction where the Lot was sold.
9.3. At the time of registration or at any time during the course of the Auction, Europcar may require Participants or Buyers a deposit or a down payment in advance (in case of purchase).
9.4. Europcar or Europcar Operational Entity will only release the Lot purchased after the effective collection of V.D.P.
9.5. The Buyer will forfeit the security deposit and/or the down payment in advance in the event of failure to comply with the preceding paragraphs.
9.6. Europcar or Europcar Operational Entity will only give release authorization of each Vehicle sold after compliance with the preceding paragraphs.

10. Operating conditions, organization and conduct of the Auction

10.1. The power of direction and conduct of the auction belongs to Europcar or Europcar Operational Authority, both entities may at their discretion reject any bid.
10.2. Europcar or Europcar Operational Entity may accept written instructions to bid on behalf of potential buyers, but it is not required to accept such instructions.
10.3. Europcar or Europcar Operational Entity has discretion to remove the vehicle from the auction that may consider not having the proper conditions for its sale.
10.4. After finishing the Auction the entering into the contract of purchase and sale regarding the auctioned Lot is fulfilled.
10.5. The Buyer is the author of the Highest Bid, being that value the selling price of the Lot or Vehicle.

11. Stages for purchase of a Vehicle

11.1. The creation of a Participant account “My 2ndMove” 
 
In order to be possible to buy a vehicle, the Participant must first be registered on the website 2ndMove and create a "My 2ndMove" account.

Registration on the website 2ndMove is free and without any obligation.

Applications for registration on the website 2ndMove should necessarily be submitted via an online form available at the following address Register

In order to be possible to buy a Vehicle, the Participant must register on the website 2ndMove by carefully filling in the form that is made available to You, as well as the selection of valid identifiers, including a valid email account and a password of your choosing.

The Data to access the Participant area at the Europcar Platform is personal, non-transferable, and serve the exclusive use of the Participant, therefore, the Participant should maintain its personal data elements confidential (username and password), not revealing them to third parties. Consequently, Europcar refuses any liability for any losses resulting from misuse of the Data to access the Participant Account.

The Participant undertakes to inform Europcar if he have knowledge of improper use of its personal data access, including confidentiality breaches.

If there is access to the service by unauthorized third parties, whether due to voluntary or involuntary behavior of the Participant, the liability of such use is always of the Participant.

In the event the account with reference to a purchase is canceled, this does not affect the validity and enforceability of any purchase contracts already concluded in 2ndMove platform.

Once registered in the Participant 2ndMove website, you will receive a welcome email which will be sent to the email address provided previously.

Only one account can be opened by each registered professional.

11.2. The Auction Procedure

In order to purchase a Vehicle through the Platform, please follow the procedure now described:

(i) Selection Criteria of the Vehicle

Enter the information requested in the online form, including the brand of the vehicle, the model and any other useful information, such as price, mileage, the color You want, etc, and then click on the "SEARCH" icon.

(ii) 2ndMove offer by Europcar

If one or more of the vehicles available meet your criteria, these vehicles will be displayed.

(iii) Purchase of a Vehicle

If You are interested in purchasing a particular Vehicle, simply select that Vehicle and confirm that choice by clicking the "BUY NOW" icon. If an Auction is occurring or the buy now option is not active, you can make an offer as described in article 8.

(iv) Identification

The Participant must identify itself by keying your email address and password. If You do not yet have an account, You will need to open a "My 2ndMove" account in keeping with the provisions of article 11.1 on this same document.

(v) Finalisation of the purchase

(vi) Confirmation Email

You will receive a confirmation of your purchase including the details of the latter.

Europcar and/or Europcar Operational Entity at which holds the vehicle has the right to reject any reservations or purchase of a vehicle in cases of violation of any obligations to which the Participant is subject, or in general for any reasons.

The confirmation e-mail constitutes the contract between You and the Europcar and Europcar Operational Entity which holds the vehicle. We therefore recommend that You check that You have received it and contact customer service in case of technical problems.

12. Suspension, service cancellation and Termination

Europcar may, without notice, block access to the Platform (by blocking data access for the Participant's account) if it is found that the Participant does not comply with these Terms, the law, or make any unauthorized use of the service.
12.2. Europcar may suspend the service without prior notice:
a) For repair or support services;
b) For the occasional update or optimizing the contents or functionalities of the service;
c) In case the Customer does not comply with these Terms.
12.3. Europcar reserves the right to suspend or to disable access to the platform, under Decree-Law no 7/2004 from January 7, amended by Decree-Law n. º 63/2009 of 10 March to fulfil obligations towards competent authorities to terminate or prevent infringements.
12.4. Europcar reserves the right to disable the platform at any time upon proper notice sent to the Participant, developing the best efforts to ensure that the notice is carried out as early as possible. The Participant shall not be entitled to any refund by Europcar resulting from deactivation of the Platform.
12.5. The Participant has the right to terminate its use of the Platform and of the service when he wishes, without any obligation attached.

13. Intellectual Property Rights

13.1. The Participant acknowledges that the Platform as a computer/software program, as well as its content, are protected by intellectual property rights and undertakes to respect those rights and therefore is not allowed to use their content (texts, pictures, graphics, animations, videos and other) without the prior consent given by Europcar.
13.2. All trademarks and logos that may be presented on the platform are also protected by intellectual property rights, therefore their use and reproduction by any means is strictly prohibited without the express permission of the respective holders of those rights.
13.3. The Participants shall only use the Auction system for proper and legitimate participation in the auction of Europcar vehicles. Any infringement will incur the offender in civil and criminal liability.

14. Protection of Personal Data

The Participant consents and accepts the collecting and computer processing of its personal data by Europcar or a qualified entity to do so, in accordance with Portuguese law regarding the protection of personal data and as defined in the Privacy Policy. The Participant data are intended to be used by Europcar or other company from the same Group under the contractual relationship with the Participant and for information purposes in order to promote their products and services. The Participant may exercise the right to access, rectify or delete its data by request sent to Rua Carlos Alberto Mota Pinto n. º 17-2.º,1099-095 Lisbon or via email apoio.clientes@europcar.com.

Except in cases of strict compliance with legal obligations and/or to reply to requests from competent legal authorities, Europcar will not communicate, transmit, transfer or disclose by any means, Personal Data of Participants to third parties.

Europcar undertakes to implement technical and organizational measures to protect Personal Data against any unauthorized or illegal treatments or against any loss, data changes or accidental disclosures thereof.

Upon termination of this contract, whatever its cause, Europcar will destroy or return the Personal Data of Participants collected under and for the purposes of providing the services set out in this Agreement, together with any ancillary documentation or support that may contain the Personal Data of Participants who have been subjected to treatment or that are being treated.

To use the Platform Internet access is required. To this extent, the Participant acknowledges and agrees that Personal Data may travel on the Internet in open networks, without security, at the risk of being seen and used by unauthorized third parties, in which case Europcar may not be held liable for this access or use.


For issues related to invoicing or other issues related to service support send an email to apoio.clientes@europcar.com.

15. Alterations to the General Terms of Auction

As aforementioned through the Registry at the Platform, the Participant declares its acceptance towards the stated General Terms of Auction which for all due purposes are an integral part of the individual contracts concluded through the Platform.

Europcar reserves the right to change these General Terms of Auction at any given moment by submitting a new version on the Europcar online site. The Participants shall be notified by the email stated at registration with an advance notice of 15 days before the entry into force of the amendments. The Participant may, while changes do not come into force, cancel the registration, unless there is a transaction in which the Participant has intervened and has not been completed.

16. Miscellaneous terms:

Should You or Europcar or the Europcar Operational Entity fail to exercise or invoke a right or a term from these General Terms of Auction, this shall not be tantamount to a waiver of this right or this term.

17. Applicable Law

These General Terms of Auction and any dispute or claim arising from or related to them, their purpose or their formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with Portuguese law. The parties agree to submit any emerging issue related with the application, interpretation or execution, as well as those issues the parties cannot resolve amicably to the exclusive jurisdiction of Lisbon courts, with express waiver of any other.

18. Customer Service

The customer service unit of the 2ndMove Web Site is available to provide any information and answer any questions You may have. Please contact the Portuguese Europcar customer service:

• by telephone - 213 800 200
• by e-mail at the following address - 2ndmove.pt@europcar.com
• by post - Rua Carlos Alberto da Mota Pinto nº17 – 2º, 1099-095 LISBOA