English Deutsch Questo testo legale è disponibile in inglese e in tedesco.
1. Scope and seller
These terms apply to all contracts concluded through the website FINCORP GESTION between FINCORP GESTION SA, Avenida Europa 24PARQUE EMPRESARIAL LA MORALEJA. 28023, Madrid (“we”, “us”) and our customers (“you”). You can reach us at 0741234567 or contact@fincorp-gestion.com. Different terms of business buyers do not apply unless we agree to them in writing.
“Consumers” are people who buy for purposes that are mainly outside their trade or business. “Business buyers” are companies and people acting in their trade or business. Some sections apply only to one of these groups, as stated.
2. Customer account
To bid, buy or make an offer you need a free account with correct and complete details (name as on your ID document, address, mobile number; for business buyers also the company name and, where available, the VAT ID). You must keep your password secret. Other bidders only see a masked bidder name. You may only bid for yourself or, as a business buyer, for your company.
3. How a contract is formed
Auctions. By listing a car in an auction we make a binding offer to sell it to the highest bidder at the end of the auction, provided any reserve price has been met. Your bid is your acceptance, on condition that no higher bid is made before the auction ends. The contract is formed with the highest bidder when the auction ends. If the reserve price is not met, no contract is formed; we may then offer you the car at your highest bid, and a contract is only formed if you accept.
Buy It Now. A Buy It Now price is a binding offer. The contract is formed when you click “Confirm purchase”.
Offers. If you make an offer, the contract is formed when we accept it, or when you accept our counter-offer.
After the contract is formed we send you a confirmation and, after checking the order, your invoice. We store the contract text; you can see your orders, invoices and documents in your account at any time.
4. Description of the vehicles
Each listing shows the details we know: equipment, mileage at the time of listing, condition grade, known faults and photos. Where a listing includes a vehicle history report (e.g. carVertical), it reproduces the results of a third-party report on the date shown; we are not responsible for the accuracy of third-party records. Please read the listing and the known issues before you bid. Information such as “condition grade” is our honest assessment, not a guarantee of a particular quality, unless we expressly say so.
5. Prices and VAT
All prices are in euro. Cars marked “VAT deductible” are sold with German VAT (19%) included in the price and shown on the invoice. Other cars are sold under the margin scheme (§ 25a German VAT Act): VAT is not shown separately and cannot be deducted.
Business buyers established in another EU member state with a VAT ID confirmed in the EU VAT register (VIES) buy VAT-deductible cars at the net price as an intra-Community supply. They must give us a valid VAT ID, confirm that the vehicle will be transported to another member state, and provide the documents we need as proof (e.g. a signed confirmation of arrival or a CMR consignment note). If this proof is not provided, we may charge the German VAT afterwards.
Any buyer’s fee and the delivery price for your country are shown on the car page before you bid and on your invoice.
6. Payment
The invoice amount is due within 3 working days of the invoice. You can pay by SEPA bank transfer to our company account shown on the invoice or, where offered, by card on the secure payment page of our payment provider. We will never ask you to pay into a personal account or change our bank details by email.
For auctions we may place a temporary hold on your card before your first bid on a car. The hold is released automatically if you do not win; if you win, the amount is credited towards your invoice.
7. Delivery and collection
We deliver to the address in your account in the EU member states for which we show a delivery price, or you can collect the car free of charge from our dealership. Delivery times shown are estimates and start once payment has been received. Please have an ID card or passport matching your account ready at handover. The car is handed over with the documents we hold (registration certificate Part I and II, service records, keys).
For consumers, the risk passes when the car is handed over to you. For business buyers, the risk passes when the car is handed to the carrier or collected.
8. Retention of title
The vehicle remains our property until the purchase price has been paid in full. The registration certificate Part II is handed over only after full payment.
9. Non-payment
If you do not pay within the deadline, we may set you a reasonable further deadline. If that deadline also passes, we may withdraw from the contract and claim compensation in accordance with the law. Withdrawing a winning bid is not permitted; bids are binding (your statutory right of withdrawal as a consumer remains unaffected).
10. Warranty (liability for defects)
Consumers: the statutory rights for defects apply. [Optional, only if agreed separately before the purchase as required by § 476 (2) BGB: the limitation period for claims for defects in used vehicles is one year from handover.]
Business buyers: used vehicles are sold excluding any liability for defects, except as provided in section 11.
If a listing states a warranty (e.g. “30-day warranty”), it applies in addition to your statutory rights and is limited to the terms stated in the listing.
11. Liability
We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act, and where we have given a guarantee or fraudulently concealed a defect. For slight negligence we are liable only for breach of essential contractual obligations, limited to the typical, foreseeable damage. Otherwise our liability is excluded.
12. Right of withdrawal
Consumers have a statutory right of withdrawal for contracts concluded online. Details, the model withdrawal form and the online withdrawal function are on our page Right of withdrawal. Business buyers have no right of withdrawal.
13. Data protection
We process your personal data as described in our privacy policy.
14. Applicable law and place of jurisdiction
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law does not remove the protection of the mandatory consumer law of the country where they live. If you are a merchant, a legal entity under public law or have no general place of jurisdiction in the EU, the place of jurisdiction is our registered office.
15. Language
These terms are available in English and German. The contract can be concluded in English or German.