Terms and Conditions for Buyers of Copart Autos España, S.L.U.
1. Introduction
COPART AUTOS ESPAÑA, S.L.U. (hereinafter referred to as “COPART”) makes available to you, under an auction-based system operated through the vehicle trading portal located on its auction website www.copart.es (the “Portal”), used vehicles offered for sale either by Copart itself (“Copart-Owned Vehicles”) or directly by its clients (“Client-Owned Vehicles”). Copart-Owned Vehicles and Client-Owned Vehicles shall hereinafter be jointly referred to as the “Vehicles”.
Should you choose to acquire one or more Vehicles, the purchase conditions applicable shall be those set forth on this page. These conditions govern, inter alia:(i) the terms and conditions governing the acquisition of the Vehicle;
(ii) the applicable payment conditions;
(iii) the terms and deadlines for delivery of the Vehicle;
(iv) the administrative obligations arising from the acquisition;
(v) your rights as a consumer, where applicable; and
(vi) your rights in relation to the protection of personal data, in accordance with Regulation (EU) 2016/679, General Data Protection Regulation (GDPR), and Organic Law 3/2018 on the Protection of Personal Data and the Guarantee of Digital Rights.
Accordingly, you are kindly requested to carefully read these terms and conditions prior to placing any bid for the acquisition of a Vehicle (the “Terms of Use”). Mere access to the Portal and the submission of your personal data shall constitute your express acceptance of the Terms of Use, with the scope and effects established therein.
2. General Description of the Sales Service through the Portal. Warnings
The Terms of Use govern the bidding and sale service for Vehicles through the Portal owned and operated by Copart. Through this service, Copart makes available to any interested party Vehicles owned by Copart or by third parties who have engaged Copart’s sales service through the Portal. Likewise, Copart provides various services to the acquirer of the Vehicle (the “Buyer”), some of which are included in the purchase price and others which may be contracted separately for an additional fee.
In this regard, it is hereby expressly stated that, in the case of the sale and purchase of Client-Owned Vehicles, Copart acts neither as the buyer nor as the seller thereof, notwithstanding that the transaction may be carried out through the Portal. In such cases, Copart merely provides a platform enabling buyers and sellers to negotiate and carry out their transactions. Accordingly, save for those obligations expressly assumed by Copart vis-à-vis the Buyer or the owner of the Client-Owned Vehicle, the terms and effects of the sale and purchase shall concern exclusively the Buyer and the owner of the Client-Owned Vehicle. In particular, Copart does not act as agent, representative or commission agent of either party in such transactions.
Buyers are hereby expressly warned that the purchase of Vehicles through the Portal gives rise to binding obligations. Such obligations include, inter alia, the obligation to pay the purchase price, together with any applicable taxes and expenses borne by the Buyer, the documentary processing of the Vehicle by Copart where the Vehicle is intended for repair or rehabilitation, and the collection of the acquired Vehicle within the established time limits. Furthermore, the Buyer may be subject to the payment of additional charges or penalties to Copart or to third parties (including the owner of the Vehicle, where different from Copart) in the event of non-compliance with its obligations, in the manner and within the time limits set forth in these Terms of Use or in any applicable Specific Conditions.
It is expressly stated that Copart assumes only those obligations expressly set out in these Terms of Use. Consequently, Copart shall be released from any other liability towards the Buyer or any third party. Without limitation, Copart assumes no obligation in relation to:(i) the condition or state of the Vehicle, being liable solely for title and eviction in the event of Copart-Owned Vehicles;
(ii) damages or losses arising from total or partial failure, or delay, in the performance of obligations assumed by the Buyer or any third party;
(iii) adverse or negative decisions adopted by the competent authorities;
(iv) fines or penalties affecting the Vehicles, save for those imposed on Copart in relation to Copart-Owned Vehicles and during the period in which Copart held ownership thereof.
The Buyer shall not use the Portal:(i) in any manner that causes or may cause damage or harm to Copart or to any other user of the Portal;
(ii) in any manner that results in or may result in the interruption or malfunctioning of the Portal; or
(iii) for any fraudulent purpose (including price manipulation) or for any unlawful purpose.
Copart reserves the right to deny access to the Portal, to remove or modify any content, or to exclude any Buyer from the Portal who breaches these Terms of Use or applicable legislation.
Due to the nature of the Internet, Copart assumes no liability for any lack of availability of, or interruptions to, the Portal, nor for errors in any transmission of information. Access to the Portal may also be temporarily suspended or restricted for repair, maintenance or update works.
Copart shall not be liable for any losses or damages that are not attributable to a breach on its part, or that arise from events or delays beyond its control or due to force majeure. In any event, Copart shall not be liable for loss of profit or any indirect or consequential losses.
3. Amendment of the Terms of Use
Copart reserves the right to introduce amendments or modifications to the Terms of Use at any time. The Buyer shall be bound by the Terms of Use in force at the time of each use of the Portal. Should any of the provisions contained herein, or any provision of the General Terms and Conditions of the Services, be declared invalid, null and void, or unenforceable for any reason whatsoever, such provision shall be deemed severed, without such declaration affecting the validity or enforceability of the remaining provisions.
4. Minors
Access to the Portal is strictly limited to natural persons who have reached the age of majority in accordance with the laws in force in the Kingdom of Spain, namely eighteen (18) years of age.
5. Privacy Policy and Communications
5.1. Privacy
You are kindly requested to review our Privacy Notice.
5.2. Electronic Communications
For the purposes of compliance with these Terms of Use, any electronic communication sent by the Buyer to Copart, including, without limitation, the sending of emails or the submission of information through the options enabled on the Portal, shall be deemed a valid, accurate and binding communication, issued on the date on which it is sent (in the case of email) or on which the relevant option on the Portal is activated.
Copart may communicate with the Buyer by the same means, including email, WhatsApp, telephone calls, or by publishing or sending notices or communications through the Portal. For the purposes of these Terms of Use, the Buyer expressly consents to receiving any communication from Copart by electronic means and expressly accepts that all contracts, notices and any other notifications or communications sent by electronic means shall be fully valid, effective and legally binding.
6. Documentation Required to Access the Portal as a Buyer User
6.1. Types of Clients
In order to place bids on a Vehicle, the user must hold an active Basic or Premium subscription.
Guest Users Guest users are required to register and provide their first and last name, email address and telephone number. Guest users may optionally submit a physical address and copies of a valid government-issued photo identification document, as well as duly completed sales tax exemption licences and certificates, where applicable, in preparation for becoming a Basic or Premium client.
Guest users may browse the inventory, use the fee calculator, add Vehicles to a watchlist and create Vehicle alerts. However, Guest users are not entitled to bid on or purchase Vehicles unless and until they obtain a Basic or Premium subscription. In order to bid on a Vehicle, the user must hold an active Basic or Premium subscription.
Basic Subscription Clients Clients holding a Basic subscription must register and provide copies of a valid photo identification document, together with the company incorporation deeds and evidence of registration under the applicable Economic Activity Tax (IAE), authorising the purchase and sale of Vehicles, as well as duly completed sales tax exemption licences and certificates, where applicable.
In addition, Basic subscription clients are required to pay the applicable registration fee corresponding to the Basic subscription.
Premium Subscription Clients Clients holding a Premium subscription must register and provide copies of a valid photo identification document, together with the company incorporation deeds and evidence of registration under the applicable Economic Activity Tax (IAE), authorising the purchase and sale of Vehicles, as well as duly completed sales tax exemption licences and certificates, where applicable.
In addition, Premium subscription clients are required to pay the applicable registration fee corresponding to the Premium subscription.
Basic and Premium subscriptions must be renewed annually through the payment of a non-refundable annual renewal fee and the submission of copies of all current licences (where applicable), together with any information relating to changes of ownership or registered address.
Copart reserves the right to increase or decrease registration and renewal fees at any time without prior notice to clients.
In order to access the Portal under the Basic or Premium modalities, payment of the corresponding subscription fee shall be required in order to place bids during auctions. The Buyer may request a refund within seven (7) calendar days following payment, provided that no bids have been placed during such period.
6.2. General Documentation Required to Access the Portal
In order to apply for registration on the Portal, the Buyer shall be required to provide the following information, the submission of which constitutes a warranty as to its accuracy and truthfulness:
Full name or corporate name of the Buyer;
National Identity Document (DNI) of the Buyer or, where applicable, of its legal representative, together with details of the power of representation;
Tax Identification Number (NIF) of the Buyer where the Buyer is a legal entity;
Articles of incorporation or constitutional deeds, where the Buyer is a legal entity;
Business Activity Licence (IAE), or VIES registration where the Buyer is established within the European Union but not resident in Spain.
Buyers who are already registered with one of COPART’s affiliated companies may provide COPART with the personal email address used for such prior registration. By providing the personal email address previously used by the Buyer to register with a COPART affiliate, the Buyer expressly agrees that COPART may access any personal data and information previously provided to such affiliate for the purpose of completing the Buyer’s registration with COPART.
The submission of the aforementioned information constitutes a declaration that the Buyer is aware of and accepts these Terms of Use and, where applicable, any Specific Conditions governing the relevant bidding process.
COPART shall retain such information, together with all data relating to bids placed and the time at which such bids were made, which may be used before the competent authorities or relevant parties where necessary for the resolution of disputes or for the defence of its interests, whether in or out of court.
Once the information submission process has been duly completed, COPART shall provide the Buyer with a username and password enabling access to the Portal.
6.3. Documentation Required for the Bidding and Acquisition of End-of-Life Vehicles (ELVs) for Treatment, Decontamination and Destruction
The acquisition of End-of-Life Vehicles (ELVs) is subject to the provisions of Royal Decree 265/2021 of 13 April, regulating the management of vehicles at the end of their useful life, as well as Directive 2000/53/EC of the European Parliament and of the Council. Accordingly, the acquisition of such vehicles shall only be authorised in favour of scrapyards or Authorised Treatment Facilities (ATFs) that are duly approved and licensed.
Consequently, any Buyer seeking access to ELVs hereby declares, by accessing the Portal, that it is a duly authorised ATF and that it possesses the necessary material, organisational and administrative means, fully complying with all applicable environmental and hazardous waste legislation (the “Scrapyard Buyer”).
Any Scrapyard Buyer wishing to participate in ELV auctions must submit, through the means enabled on the Portal, documentation evidencing its approval as an Authorised Treatment Facility (ATF), together with the information referred to in the preceding sections (6.1 and 6.2).
The Scrapyard Buyer legally authorised to acquire ELVs must comply with all applicable legal provisions and shall act accordingly in respect of each ELV acquired through the Portal. Copart assumes no obligation or liability whatsoever arising from any failure by the Scrapyard Buyer to comply with its statutory obligations under applicable law.
The Scrapyard Buyer shall be required to deliver to Copart the certificate of destruction and proof of permanent deregistration of the acquired vehicle within a maximum period of seven (7) calendar days from the date on which the vehicle is collected from Copart’s facilities, or from the date on which the documentation sent by Copart is received, whichever occurs later.
7. Conditions of Vehicles Offered at Auction
7.1. Condition of the Vehicles
All Vehicles offered at auction shall have all documentation duly in order for the purposes of managing their sale and purchase and shall be free from any encumbrances, charges, taxes or fines as of the auction date. Should this not be the case, such circumstance shall be expressly and duly notified in the Vehicle Observations section.
Copart shall not assume responsibility for any encumbrances, liens or documentary impediments arising after the auction date.
The amount indicated for the value of the damage affecting each Vehicle offered at auction, whether or not supported by an appraisal, shall in all cases be deemed indicative and approximate only.
7.2. Documentation Required for the Management of the Sale/Purchase and Transfer of the Vehicle
Copart shall provide the Buyer with all documentation required to be completed and shall inform the owner of the documentation to be supplied for the purposes of managing the sale and purchase transaction, including, without limitation, the following:
Original Vehicle Registration Certificate (Permiso de Circulación);
Original Vehicle Technical Inspection Certificate, where applicable;
Transfer mandate or power of attorney enabling the transfer of ownership, duly signed by the owner;
Any other documentation required under applicable legislation.
7.3. Documentation Required for Deregistration and Certificate of Destruction
Copart shall provide the Buyer of a Vehicle destined for dismantling or scrappage with the following documentation:
Deregistration application form, duly signed by the owner of the Vehicle;
Original Vehicle Registration Certificate or, where unavailable, a declaration of loss of documentation;
Original Vehicle Technical Data Sheet or, where unavailable, a declaration of loss of documentation;
Copy of the owner’s National Identity Document (DNI), where the owner is a natural person;
Copy of the Tax Identification Number (NIF), National Identity Document of the director(s) and the corporate liability declaration or a copy of the deed of appointment of the director(s), where the owner is a legal entity;
Any other documentation required under applicable legislation.
8. Bidding and Award Procedure for Vehicles
8.1. The Auction
The Buyer may access the list of Vehicles offered at auction, review the technical file of each Vehicle, including photographs and, where available, an appraisal or approximate repair cost estimate, and place bids on the Vehicle of interest. Notwithstanding the foregoing, bids for Vehicles intended for dismantling or scrappage may only be placed by Buyers who have duly evidenced their status as an Authorised Vehicle Treatment Centre (Centro Autorizado de Tratamiento – CAT) and who acquire such Vehicles exclusively for deregistration and decontamination purposes.
Bids for Vehicles potentially suitable for refurbishment or rehabilitation may be placed by any Buyer.
The Portal provides for the following type of bid: open or visible bids.The auction system shall display the starting price and the current bid amount. The Buyer may place a bid by increasing the amount of the last bid by at least the minimum increment established for the relevant Vehicle.
Upon submission of a bid, the system shall display the amount bid by the Buyer and indicate whether such bid constitutes the highest bid at that time.
The maximum number of bids per Vehicle shall be unlimited, and bids may be placed until the auction closing time.
The Buyer shall have access to Vehicles located at various geographical locations.
Following the close of the auction, the Buyer may be offered Vehicles under a Direct Award mechanism, whereby the Vehicle shall be deemed allocated de facto once the price of the Vehicle and the applicable management fees have been duly paid.
Each bid placed constitutes a binding and irrevocable commitment on the part of the Buyer to pay and accept the amount bid and to acquire the Vehicle for the purpose stated in the Auction Listing. Failure to honour a bid shall entitle Copart to require payment of a Penalty (as defined below) and compensation for any damages incurred. In such cases, the Buyer shall automatically lose access to the Portal and the ability to purchase other Vehicles until the Penalty has been fully paid.
Where the highest bidder rejects the awarded Vehicle for any reason whatsoever, the next highest bidder shall be notified and offered the opportunity to acquire the Vehicle at the price bid by the highest bidder, should they so wish.
The Penalty for leaving the auction void in the manner described in clause 8.1.7 above shall amount to ten per cent (10%) of the bid submitted by the defaulting bidder, subject to a minimum amount of 285,33€. Such amount shall be updated on 1 January of each year.
Should payment for the Vehicle not be received within three (3) business days from the auction date, the payment period shall be extended for a further three (3) business days, subject to the application of a penalty of 36.99€, which shall be updated on 1 January of each year. In the event of non-payment, Copart reserves the right to dispose of the Vehicle for subsequent sale. Furthermore, where the Penalty is not paid, the Buyer’s account shall remain inactive and no membership fee shall be refunded.
The Penalty shall in no event replace the right to claim damages, in accordance with Article 1152 of the Spanish Civil Code. Nevertheless, Copart acknowledges that the Buyer may be released from the fulfilment of its obligations under this Contract by payment of the Penalty, in accordance with Article 1153 of the Spanish Civil Code.
8.2. Auction Dates, Closing Times and Management of the Sale or Deregistration of the Vehicle
The Portal shall conduct auctions exclusively on business days, understood as working days.
All preliminary auction periods shall commence as from the moment the Vehicle is published on the Portal, and live auctions shall begin at 11:00 hours. Auctions shall close when no further counterbids are placed against the highest bid at that time.
8.3. Management of the Sale or Deregistration of the Vehicle
Upon expiry of the auction period, the Buyer may verify through the system whether they are the highest bidder.
Where the Buyer is the highest bidder but the bid does not exceed the Minimum Reserve Price, the sale shall be deemed provisional, and the Seller must accept or reject the bid amount within the offer validity period, which is established as two (2) business days from the end of the auction.Should the Seller fail to accept the offer within the stipulated period, the Buyer shall be released from any obligation to acquire the Vehicle and from the amount bid therefor.
Upon acceptance, Copart shall allocate the Vehicle to the highest bidder, who shall be required to make the corresponding payments by bank transfer within three (3) business days calculated from the auction date of the Vehicle. Should payment not be received within the deadlines stated on the invoice, Copart shall be entitled to apply the corresponding penalties.
Copart may, at its sole discretion and with or without prior notice, postpone or cancel a sale or withdraw a Vehicle from a sale. Copart shall have no liability or obligation towards Members as a result of any withdrawal, cancellation or postponement of the sale of any Vehicle. Furthermore, Copart reserves the right to cancel or reverse a sales transaction if Copart determines, at its sole discretion, that such action is necessary to prevent fraud or other illegal activity, or if Copart reasonably believes that there has been a material misrepresentation or an obvious defect in the Vehicle Description or in the bid information. Copart also reserves the right to cancel or reverse a sales transaction if Copart reasonably believes that the sale or transaction involves a breach of Copart’s Member Terms. In the event that a sale is cancelled after payment has been made, Copart shall refund the payment to the original method of payment, where feasible.
8.4. Vehicle Collection
Upon receipt of payment by Copart, the Gate Pass PIN (Personal Identification Number) shall be issued to the Buyer.
In all cases where Copart has not received all documentation necessary for the management of the sale/purchase and transfer of the Vehicle (as detailed in clause 7.2 of these Terms and Conditions), collection of the Vehicle from Copart’s premises by the Buyer shall not be permitted.
The Buyer shall have a period of five (5) business days, including the day of the auction, to collect the Vehicle. From the fifth day onwards, a fee for “Late Collection” in the amount of 10,57€, per calendar day and per lot shall be applied, until the Vehicle is collected. This fee shall be updated on 1 January of each year.
Copart reserves the right to declare Vehicles abandoned if not collected within sixty (60) days from the date of payment.
Upon receipt of the Vehicle documentation, Copart shall carry out all necessary procedures for the Transfer of Vehicles intended for rehabilitation. In the case of End-of-Life Vehicles (VFU), the Buyer shall be responsible for issuing the Certificate of Destruction and completing the definitive deregistration of the Vehicle.
Once all procedures are completed, the Certificates of Destruction or Transfer Documents shall be uploaded to the Copart System, and the original documents shall be dispatched by courier to the address designated by the Buyer.
9. Warranty for Eviction and Hidden Defects
9.1. Liability for Eviction
The owner of the Vehicle (Copart, in the case of a Proprietary Vehicle; or the owner in the case of a Client Vehicle) shall be liable for eviction in accordance with the provisions of the Spanish Civil Code.
In the case of the sale of Client Vehicles, Copart shall assume no liability whatsoever for eviction.
9.2. Liability for Hidden Defects
The owner of the Vehicle (Copart, in the case of a Proprietary Vehicle; or the owner in the case of a Client Vehicle) shall be liable for hidden defects in accordance with the provisions of the Spanish Civil Code.
Copart shall not be responsible for any claims relating to damages, hidden defects, or missing parts of the Vehicles, from the moment the Vehicle is collected from Copart’s premises by the Buyer.
For these purposes, all sales shall be deemed individual transactions, and therefore Article 1491 of the Spanish Civil Code shall not apply.
Copart will not accept claims submitted later than seven (15) calendar days from the removal of the Vehicle from its premises. All claims must be submitted via email to: reclamaciones@copart.es
Copart shall not bear any responsibility for repairs carried out on the Vehicle.
9.3. General Liability of Copart
All Members acknowledge and agree that Copart Vehicles are sold “as is” and are not represented as roadworthy, mechanically functional, or maintained to any guaranteed standard of quality. Vehicles may be unfit for use as a means of transportation and may require substantial repairs and associated costs. Repair or dismantling of Vehicles on Copart premises is strictly prohibited.
Copart shall not be liable for (i) any direct damages not attributable to any breach on its part; (ii) loss of profit; or (iii) any indirect or consequential losses.
Furthermore, Copart shall not be responsible for any delay or failure to perform its obligations under these Terms of Use where such delay or failure is not attributable to Copart or is due to force majeure. In particular, Copart assumes no liability for eviction or hidden defects of Client Vehicles or for any breaches by their owners. Likewise, Copart shall not be liable for any breaches or responsibilities of custodians of the Vehicles (workshops, garages, etc.).
Copart shall be fully exempt from any liability for any claims for damages once the Vehicle has left its premises, regardless of whether the Vehicle was removed by the Buyer or by any agent, employee, or other representative acting on the Buyer’s behalf.
10. Termination of the Sale and Purchase Agreement
The Sale and Purchase Agreement may be terminated by all parties for the following reasons:
Falsification of the Vehicle data on its listing.
Falsification of the Vehicle’s first registration date.
Pursuant to Articles 325 et seq. of the Spanish Commercial Code, the sale shall be deemed valid and binding on both parties once an agreement has been reached regarding the Vehicle and its price. Termination of the contract shall only be permitted in the circumstances expressly set forth in these Terms of Use or, failing that, in the applicable commercial law.
The period for submitting a claim to terminate the Sale and Purchase Agreement shall apply exclusively in the event of issues with the documentation necessary for the transfer of the Vehicle, and shall be seven (7) calendar days counted from ninety (90) calendar days following the acquisition of the Vehicle.
11. Invoicing and Payments
Access to and use of this system entails for the contracting parties the fulfilment of all obligations arising under commercial, civil, accounting, and tax legislation, whether general or sector-specific. Accordingly, the Buyer shall be obliged to comply with the following:
The Buyer guarantees the authenticity, accuracy, and integrity of the data entered into Copart’s management system, both personal and financial.
The Buyer accepts the Sale and Purchase document and the Recovery Receipt or Invoice issued by Copart, depending on whether the Vehicle includes VAT breakdown.
The Buyer accepts the Payment Method described above.
The Buyer undertakes to accept the final payment amount for the acquisition of the Vehicle, consisting of the Bid Value of the Vehicle plus, where applicable, any Management Fee generated according to the chosen Payment Method for the settlement of the Invoice for each Vehicle.
The Buyer is obliged to inform Copart of any errors or changes in Social or Fiscal identification data (company name, address, tax identification number, bank details, etc.), which are mandatory under tax law for the issuance of invoices.
12. Personal Data
12.1. Ownership of Personal Data
The personal information relating to the Buyer provided by the Buyer to Copart Autos España, S.L.U. shall remain the property of the Buyer, but shall be processed by Copart for the purpose of fulfilling its obligations under these Terms of Use and in compliance with applicable legislation.
12.2. Processing of Personal Data
In order to comply with the provisions of Regulation (EU) 2016/679, General Data Protection Regulation (GDPR), as well as Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD), Copart Autos España, S.L.U. shall process the personal data provided solely for the purposes set forth in its Privacy Policy, and for the data necessary to fulfil its obligations under this Agreement. Copart shall refrain from disclosing or transferring personal data to third parties in any form, including for storage purposes.
Without prejudice to the possibility that the Buyer’s data may be excluded from the application of the legislation pursuant to Article 2 of the GDPR, the Buyer is informed that the personal data provided may be incorporated into Copart’s records of processing activities for use in the exercise of its business activities and for the purpose of maintaining the Agreement and the relationships arising therefrom.
The Buyer may exercise their rights to transparency, information, access, rectification, deletion or right to be forgotten, portability, restriction, and objection to the processing of their information before Copart Autos España, S.L.U., by sending an email to privacy@copart.es, indicating the reference “Data Protection”.
13. Trademarks
This Agreement shall not confer upon any Party any right to use, under any circumstances, any trademark, distinctive sign, slogan, emblem, or translation thereof used by the other Party or adopted in the future by the other Party, nor to use them for advertising purposes or in its commercial relations with third parties.
14. Governing Law
The Terms of Use and the Particular Conditions shall be governed by and construed in accordance with the laws of the Kingdom of Spain, in particular the provisions of the Commercial Code and, subsidiarily, the Civil Code.
The Parties, expressly waiving any other jurisdiction that might be applicable to them, submit to the exclusive jurisdiction of the Courts and Tribunals of Madrid for any dispute relating to the interpretation or enforcement of the Terms of Use and the Particular Conditions.