GENERAL TERMS OF SALE

1. Preamble:
 

Europcar International SASU, whose registered address is Bat OP, 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 consumers, individuals and employees of the Europcar group can reserve our vehicles, in keeping with the General Terms of Reservation which can be viewed at the following address Terms and conditions of reservation.

Only professionals can buy the Vehicles offered on the platform directly online, in keeping with the following terms and conditions:

2. Definitions:
 

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

3. Subject-matter – Scope:
 

These T&Cs shall apply exclusively to the relationship between the Seller and any professional buyers who wish to acquire a second-hand Vehicle or a damaged second-hand Vehicle via the Platform. They therefore govern solely the relationship between the Seller and professional buyers as opposed to consumers or non-professionals.

They shall apply in addition to the General Terms of Use which regulate the use of the 2ndMove Web Site and which may be viewed at the following address: Terms of Use. In case of contradiction, these T&Cs shall prevail.

Given that these T&Cs may be modified at any moment in time, the terms that are applicable to a given sale shall be those that are in force on the date on which You place your order on the Platform.

The T&Cs can be accessed by clicking on the hypertext link shown at the bottom of each page of the 2ndMove Web Site. We recommend that You read them, print them out and retain a copy.

By placing an order via the Platform and clicking on the “BUY” icon, You imply your full and unreserved acceptance of these T&Cs.
 

4. Stages in the formation of the contract for sale:
 

4.1 Creating a “My 2ndMove” account

In order to buy a second-hand Vehicle or a damaged Vehicle via the Platform, You must first register on the 2ndMove Web Site and create a “My 2ndMove” account.

Registration on the 2ndMove Web Site is free of charge and without any obligation.

Applications for registration on the 2ndMove Web Site must be submitted via an online form which is available at the following address: Register.

You must register on the 2ndMove Web Site by carefully filling in the form that is made available to You and selecting an identifier consisting of a valid e-mail address as well as a password of your choosing.

Once You have registered on the 2ndMove Web Site, You will receive a welcome e-mail which will be sent to the e-mail address that you provided.

You can only open a single account in your name.


4.2 The ordering process

In order to purchase a Vehicle via the Platform, please follow the steps shown below:

(i) Identification

To begin with, as a professional buyer, in order to gain access to our offers for professionals, You must identify yourself by keying in your e-mail address and your password. If you have not yet done so, You will need to open a “My 2ndMove” account in accordance with the provisions of article 4.1 above.

(ii) Selection criteria of the Vehicle

Key in your criteria into the online form, including the make of the Vehicle, the model and any other useful information, such as the price, the mileage, the colour that you are after, etc., and click on the “SEARCH” icon.

(iii) The 2ndMove by Europcar offer

Should one or more of the Vehicles that are in stock match your criteria, these Vehicles will be displayed.

(iv) Acceptance of the 2ndMove by Europcar offer

Should You be interested in purchasing one of the Vehicles on display, simply select this Vehicle and confirm your choice by clicking on the “BUY” icon.

The Vehicle will then be added to your “basket” and you will be asked to confirm your purchase once again after confirming your acceptance of these T&Cs by ticking the box “I have read the General Terms of Sale and accept them without reservations”.

(v) Confirmation e-mail

You will receive a confirmation of your order by e-mail setting out the details of your purchase.

Europcar and/or the Europcar Operational Entity which holds the Vehicle shall be entitled to reject any orders in the event of a breach of any of your obligations, and in general to turn down any order that it considers to be abnormal for any reason whatsoever.

We therefore recommend that You check that your order has been duly received and that You contact our Customer Service unit in case of any problems (see article 17 below).

(vi) Sending of the order form and of the invoice

An order form and an invoice will be sent to You by e-mail by the relevant 2ndMove by Europcar sales centre. The Seller shall only be bound by an obligation towards You as of the sending of the order form.

The order form should be signed and returned to the 2ndMove by Europcar sales centre within three (3) working days following receipt.

Failing receipt of the signed order form within the abovementioned timescale, the Vehicle may be relisted for sale and reservation on the Platform.

(vii) Payment

You must pay for the Vehicle within three (3) working days following receipt of the invoice mentioned in point (vi) above.

Should the agreed price not be paid in full within the allotted timescale, the Seller shall be entitled to relist the Vehicle for sale and reservation on the Platform. The Seller recommends that You carefully read article 7 of these T&Cs concerning this point.

(viii) Arranging a meeting and drawing up the official documents

The 2ndMove by Europcar sales centre will contact You upon receipt of your payment:
 

• to arrange a meeting so as to enable You to take possession of the Vehicle; and
• to secure all the information required to print out and provide to You the official documents needed for the transfer of the Vehicle.

(ix) Taking possession of the Vehicle

You commit yourself to come to take possession of the Vehicle within five (5) working days following the date on which you were contacted by the 2ndMove by Europcar sales centre. Failing this, the penalty mentioned in article 12 may be applied.
 

5. Price:

The prices of the Vehicles sold are those offered upon the placing of an order.

They shall be quoted in £’s sterling, excluding all taxes, unless otherwise specified.
 

6. Terms of payment:

Payment must be made:
 

• By bank transfer to the account whose details are shown on the invoice. 

Any other means of payment shall be rejected, unless the Europcar Operational Entity agrees otherwise in writing.

7. Payment deadline:

As indicated in article 4.2 (vii), payment must take place within three (3) working5 days following receipt of the invoice. 

In case of late payment, the Europcar Operational Entity shall send You an e-mail asking you to rectify the late payment within three (3) working5 days.

Should You fail to rectify the late payment within the abovementioned timescale, the Seller, represented by the Europcar Operational Entity, may, at its discretion:
 

• rescind the sale, without the need to judicial proceedings, if You not have paid the price in full within fourteen(14) days following the receipt of a summons to pay (sent by registered post). Should this be the case, if You have already paid part of the price, the Seller may keep the moneys paid as compensation; or
• enforce the sale and request payment of the price, including interest for lateness accruing as of the day following the expiry of the payment deadline shown on the invoice, levied at the interest rate applied by the European Central Bank to its most recent refinancing operation plus ten (10) percentage points, as well as fixed compensation forty (40) euros for debt recovery costs, notwithstanding the right to claim additional compensation on presentation of suitable evidence should the debt recovery costs be higher than this fixed fee. The fees for lateness and this fixed fee shall be due without any reminder needing to be issued.

8. Rebate for early payment:

No rebate shall be granted in case of early payment.
 

9. Retention of title:

The Vehicles shall remain the property of the Seller until full payment of the agreed price, plus any ancillary moneys that may be due have been received. This clause does not imply a departure from the provisions of the Civil Code concerning the transfer of the risks.
 

10. Warranties:

Europcar does not guarantee that Vehicles which are sold on the Platform are still covered by the manufacturer’s warranty.

Europcar will use its reasonable endeavours to transfer to the Customer the benefits should any such warranty or guarantee exist.

The Seller does not extend any commercial warranty over the Vehicles.

Buyers which are members of the motor vehicle trade (garage operator, dealership, professional reseller, breakers’ yard, etc.) are deemed to have the technical know-how required to detect any hidden defects. 
 

11. Limitation of liability:

The Seller’s liability towards a professional buyer under the contract of sale shall be limited to the sale price paid for the acquisition of the Vehicle.

Given that Europcar and the Europcar Operational Entity are acting as mere intermediaries in the sale, they hereby disclaim any liability in connection with the contract of sale.
 

12. Penalty for failing to take possession of the Vehicle:

As indicated in article 4.2 (ix), unless the Europcar Operational Entity expressly agrees otherwise, or in case of circumstances of force majeure, You must take possession of the Vehicle within eight (8) working days.

Failing this the Seller may have the right to petition the courts for rescission of the contract of sale at your sole expense.
 

13. Returns:

No returns of Vehicles shall be permitted, unless exceptionally agreed in writing by the Seller.
 

14. Force majeure:

In case of non-performance of any of the parties’ obligations of these T&Cs, the party that failed to perform its obligation shall not be considered as having defaulted nor shall it have to pay any compensation if the performance of the obligation was made impossible by circumstances of force majeure, understood as an external, unpredictable event which is impossible to resist, as defined by the case law.

Force majeure may not however be invoked to block or significantly delay the performance of an obligation to pay.

The performance of the contract of sale shall be entirely suspended upon occurrence of circumstances of force majeure, if the obligation whose performance is impeded is a significant obligation of the contract.

Should the suspension of the contract of sale last for more than thirty (30) days, the other party which is not affected by the force majeure shall be entitled to rescind the contract by sending a notification by registered post with acknowledgement of receipt to the party affected by the force majeure.
 

15. Miscellaneous terms:

Should You or Europcar, the Europcar Operational Entity, the Seller not exercise or invoke a right or a term of these T&Cs, this shall not be tantamount to a waiver of this right or this term.

The titles of the articles of the T&Cs are provided merely to simplify their reading and shall have no legal effect.

Should any clause of these T&Cs be declared null and void by the application of a statute, a regulation or a final ruling of a court or authority with jurisdiction, that clause shall be struck out, without jeopardising the other contractual provisions or affecting the validity of the T&Cs as a whole. Should this be the case, the parties shall endeavour to find a replacement clause which is in keeping with the spirit of the cancelled clause.
 

16. Applicable law and settlement of disputes:

These T&Cs and any dispute or claim arising from or related to these T&Cs, their purpose or their formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with English law.

Any dispute arising from the sale or connected with the latter shall be brought exclusively before the English Courts.
 

17. Customer service:

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

• by e-mail at the following address remarketinguk@europcar.com
• by post at the following address; EUROPCAR GROUP UK LTD, James House, 55 Welford Road, Leicester, LE2 7AR, United Kingdom