1. INTRODUCTION
1.1 The https://commercianti.unipolrental.it/ website is owned by UnipolRental S.p.a., a company with registered office in Reggio Emilia (42124), in via G.B. Vico no.10/C, certified e-mail unipolrentalspa@pec.it, with fully-paid share capital of Euro 25,000,000.00, tax code and R.E. company register number 01610670356, VAT number 03740811207, Economic and Administrative Index (R.E.A.) 199204, a single-member company subject to the direction and coordination of Unipol Gruppo S.p.A. which is part of Gruppo Assicurativo Unipol registered in the register of parent companies at no. 046 (hereinafter, UnipolRental), and which is responsible for its management. The following general conditions regulate the use of the services offered by UnipolRental on the Site dedicated to online auctions of used vehicles owned by it.
1.2 UnipolRental has electronic commerce authorization as per SCIA protocol no. TDDFNC61R06B399Y- 202103041041-2156468 forwarded to the Municipality of Reggio Emilia.
1.3 In order to be able to use the services offered by UnipolRental on the Site and in order to be able to take part in the online auctions of used vehicles owned by UnipolRental, users – who shall be exclusively professional operators in the automotive sector – must register with the Site as provided for by article 3 below in these General Conditions.
1.4. UnipolRental acts as a Contractual Party. In its capacity as owner of the vehicle, it makes the sale of the same to the Buyer by Auction via the Site's trading platform.
1.5 Registration with the Site implies acceptance of these general conditions. UnipolRental may change the contents of these General Conditions at any time, publishing the new version on the Site. The new General Conditions shall be automatically effective once 15 (fifteen) days have elapsed from the date of publication on the Site.
2. DEFINITIONS
For the purpose of these General Conditions, the terms set out below shall have the following meanings, specifying that terms defined in the singular are considered as referring also to the plural, and vice-versa:
“Buyer”: is the party that purchases a vehicle using the trading platform on the Site;
“Auction”: is the method for making the sale on the Site, consisting in successive increasing offers among registered users;
“Italian Highway Code”: means Legislative Decree 285/1992;
“Contract”: means the sales Contract for the used vehicle between UnipolRental and the buyer;
“Eurotax blu”: is a specialised publication in the sector regarding automotive prices used by traders that provides an estimate of the amount that the buyer should spend for acquiring a used vehicle;
“CMR Transport Note”: means the international consignment note, that is, the document that certifies due receipt of shipment in relation to the transport of goods by road when the place of loading and the place of delivery are situated in two different States.
“Offer”: is the sales proposal made via the Site’s trading platform;
“Contractual parties”: are UnipolRental, as Seller, on the one hand, and the Buyers on the other hand, in the vehicle sales relationship; the Buyer contractual party may be exclusively a firm or company that operates professionally in the automotive trade sector;
“Reserve price”: means the minimum amount that UnipolRental is willing to accept for the sale of its vehicles;
“Auction base price”: means the minimum Auction opening amount fixed by UnipolRental;
“Purchase offer”: is the purchase offer made via the Site’s trading platform in the context in an Auction;
“Regulation of the Italian Highway Code”: means Presidential Decree 495/1992;
“Site”: is the https://commercianti.unipolrental.it/ site composed of a series of correlated web pages, that is, a hypertextual structure of informative documents which resides on a web server reachable by the final user through a common search engine and/or a web address via the web browser;
“Registered User”: is the party that has completed the registration process on the Site and to which a user code is assigned;
“Vehicles”: are the used vehicles owned by UnipolRental;
“Seller”: is UnipolRental S.p.a.;
3. REGISTRATION WITH THE SITE
3.1 Registration with the Site is necessary condition for participation in the auctions. It is understood that registration with the Site does not constitute a right for those wishing to be a user of the same Site, UnipolRental S.p.a. having complete discretion in accepting or not registration applications. Registration takes place through the online compilation of the relative “Registration form”, fully and correctly inserting the requested data. Registration with the Site implies the entering into of a Contract between UnipolRental S.p.a. and the Registered user, its subject matter being use of the Site and participation in the auctions, as well as acceptance of these general conditions. Upon registration, the User must compulsorily indicate their e-mail address which will corresponding to their username, and their certified e-mail address (pec) to which all communications shall be sent. Authorisation as Registered User occurs through the relative communication via e-mail by UnipolRental. To this end, the user shall be sent an e-mail for access to the area reserved for the auctions, enabling them to insert an access password which must remain secret.
3.2 Every User can register only once. The account created at the end of the registration process is not transferrable to other parties.
3.3 For the purpose of registration, the aspiring User must upload their company registration report to prove that they are a professional non-retail operator in the automotive sector. Specifically, the following must be attached upon registration: (i) a copy of the company registration report updated for the last 6 months of activity of the company or of the firm; (ii) a valid copy of the identity document of the legal representative of the company as shown in the company registration report or a copy of the identity document of the owner of the firm as shown in the company registration report. The required documents must be submitted using the two buttons present on the Registration Form.
3.4 It is forbidden to register with the Site under a false identity, and the data requested by UnipolRental S.p.a. upon registration must be correct and complete. The Registered User is also obliged to promptly inform UnipolRental S.p.a. of any variation in their data. The Registered User can withdraw, at any time and without notice, from the Contract as per point 3.1 above entered into with UnipolRental through registration on the Site. To this end, the Registered User shall be obliged to give communication of their withdrawal in writing to be sent by certified e-mail to UnipolRental’s following certified e-mail address: unipolrentalspa@pec.it . In the same way, UnipolRental has the right to withdraw, at any time and without notice from the Contract as per point 3.1 above entered into with the Registered User, by written communication to be sent by certified e-mail to the certified e-mail address indicated by the User upon registration.
4. PARTICIPATION IN AUCTIONS. OBLIGATIONS OF REGISTERED USERS
Participation in UnipolRental’s auctions is permitted exclusively to professional operators in the Automotive sector, with the express exclusion of individual consumers. Documents proving that the Registered user is a party for which participation in the Auction is permitted are those transmitted by the Registered User upon registration with the Site. To take part in the auctions, the Registered User, having received authorisation from UnipolRental, must click the “Accept” button, thereby declaring to expressly accept these general conditions.
5. VERIFICATION, REFUSAL, REVOCATION OF AUTHORISATION FOR PARTICIPATION IN THE AUCTIONS
UnipolRental reserves the right to verify the correctness of the information provided by Users upon registration with the Site. Having verified the correctness of all the information provided, UnipolRental communicates to the Registered User via e-mail authorization of participation in the auctions. In the event said verification reveals that a Registered User is not a professional operator in the automotive sector or that the other information provided is not true, UnipolRental shall deny the User’s registration with the Site by communication via e-mail. In the event that a User is denied authorisation, it will be prohibited from any future application, unless UnipolRental has permitted a new registration beforehand. Every Registered User is authorised, for their part, to cancel their registration at any time with future effect.
6. ACCESS, INTERFERENCES AND INTELLECTUAL PROPERTY
6.1 The information contained in the Site is the exclusive property of UnipolRental. The User agrees not to use robots, spiders, crawlers or other automatic means for accessing the Website without UnipolRental’s express written authorisation. In addition, the user undertakes not to (i) take any action that requires or may require, at UnipolRental’s sole discretion, a disproportionately high information overload for its infrastructure, (ii) copy, reproduce, modify or create activities derived from the Site or distribute or publicly display any content of the Site (with the exception of the user’s own information) without prior written authorization via certified e-mail on the part of UnipolRental or of any third-parties entitled to issue the aforementioned authorisation, (iii) interfere or attempt to interfere with the correct functioning of the Website.
6.2 The user expressly acknowledges and accepts that the Site and its contents, including trademarks, distinctive signs or databanks (“intellectual property”) are the property of UnipolRental and of the Unipol Group, or are granted to the same under license by third-parties and that the intellectual property is protected by national and international legislation on the matter. The user undertakes, therefore, not to use, copy, distribute, reproduce, modify or otherwise dispose of the intellectual property, nor of any other information present on the Site unless this is strictly necessary for use of the Site in compliance with these general contractual conditions and the relative annexes. It is absolutely forbidden to use the trademarks and distinctive signs of UnipolRental, of the Unipol Group and/or of third parties without specific written agreement.
6.3 The user undertakes to indemnify and hold UnipolRental harmless for any loss, damage, charge, expense, claim or request for compensation that should be suffered by the same or which should be requested of the same by third parties as a result of breach of the provisions as per points 6.1 and 6.2 above.
7. AUCTION PROCEDURE
7.1 UnipolRental, via the Site, carries out online auctions of its used Vehicles. The Vehicles offered at auction by UnipolRental are described in detail and accompanied by digitalised photographs in the relevant “presentation” visible upon access to the Site by the Registered User. For every vehicle offered at auction, an Auction base price is established by UnipolRental, visible to Users, as a result of which it will not be possible for participating Users to make lower bids. Every single Auction has a maximum duration with respect to the start of the procedure, which will be indicated by UnipolRental on each occasion. Purchase offers, being those made by Registered users authorised to participate in the auctions, can be submitted until the time indicated by UnipolRental for the duration of the Auction. The Registered user that submits a bid during the Auction is bound by their offer until a bid with a higher price is submitted by another Registered User. If, at the end of the Auction, no bids deemed suitable for the value of the asset have been received, UnipolRental reserves the right not to award the vehicle. In the event one or more registered Users submit purchase offers for the same price and, provided the bids are not lower than the base price, the price relating to the bid that was submitted first is considered equivalent to the higher price (in the case of “sealed-bid” auctions).
7.2 The bids submitted in compliance with these conditions constitute a purchase commitment by the User. Participation in the Auction must occur and bids must be made only with the intention of purchasing the vehicle. Before making a bid, the User must examine in detail the chosen vehicle as shown in the presentation on the Site, scrupulously and carefully checking all the photographic material which is an integral part of the vehicle sheet useful for evaluating the fitting-out, accessories and the asset in its entirety. It should be noted that small damages deriving from normal wear and present on the vehicle offered at auction cannot be the subject of a subsequent complaint by the User that has been awarded the vehicle and shall not be reimbursed, as well as all those damages clearly highlighted in the photographic report or indicated in the appraisal. Damage due to use is fully described in the specific appraisal dedicated to each vehicle offered at the Auction, which can be consulted in the specific presentation relating to the vehicle.
7.3 Upon the close of the Auction, UnipolRental will proceed with the awarding of the vehicle on the basis of the bids received. For awarding purposes, UnipolRental will take account of the highest bid, without prejudice to the base price limit and what is specified in points 7.1 and 7.2. above. With the award, the sales Contract relating to the vehicles shall be considered as entered into and the Contractual parties are obliged to fulfil their respective obligations. Specifically, the winning User must make the payment of the amount due in compliance with instructions that they will receive from UnipolRental, while UnipolRental, once it has received payment, must (i) make the vehicle available for collection together with the essential accompanying documents, (ii) carry out every necessary action so that the transfer of ownership is registered in the motor vehicle registry, (iii) guarantee the buyer against third-party rights and defects other than those highlighted in the appraisal, in the description of the vehicle and visible in the photographic report. The place of conclusion of the Contract is the headquarters of UnipolRental as indicated in art. 1 above.
7.4 UnipolRental shall inform the winning offeror by e-mail. The awarding communication will indicate the information necessary for making the payment that must be made by bank transfer on the current account registered in the name of UnipolRental with IBAN no. IT 22 R 02008 05364 000001778917 within and not later than 10 days starting from the date of awarding, on penalty of the award and exclusion from the portal. UnipolRental reserves the right of ownership of the asset sold until the full collection of the total price and, therefore, only following the aforementioned payment will it transfer this right to the buyer. Once total payment has been registered, the winning User will be informed of the day and the place in which the vehicle will be ready for delivery. The risk of destruction of the vehicle will be borne by the buyer starting from the day after the date on which the same vehicle is available for delivery. Collection of the vehicle is at the responsibility and expense of the buyer. Besides the relative amount for the purchase the vehicle, the user shall be obliged to pay a further amount, by way of administrative costs, equal to € 150.00 including VAT if the vehicle is purchased in the national territory, and € 122.00 including VAT with regards to a vehicle intended for export. These amounts shall be added to the vehicle purchase price.
7.5 Transport costs are borne by the buyer. The vehicle must be collected within 15 days from the communication with which UnipolRental informs the buyer of the day and place of collection as specified in point 7.4. above. Once the above term has elapsed, UnipolRental has the right to charge the buyer of the vehicle the sum of € 5.00 for each day of delay as the cost for parking the vehicle. In the event of a sale abroad subject to an obligatory car safety and roadworthiness test pursuant to art. 103, paragraph 1 of the Italian Highway Code (Leg. Dec. no. 285/1992), the Contract relating to the single vehicle is understood to be definitively conditional on cancellation from the national vehicle archive and the Italian Public Automobile Register on the part of the competent office. The buyer acknowledges and accepts that UnipolRental i) may not be held in any way liable if the vehicle fails to pass the car safety and roadworthiness test prescribed by art. 103, paragraph 1, of the Italian Highway Code, ii) will not be obliged to carry out modifications and/or improvements and/or variations or maintenance work of any type and kind on the vehicle in order to make it able to pass the aforementioned test procedure, iii) reserves the right, at its own unquestionable discretion, to cancel the sale of the vehicle that has not passed the test procedure, as well as definitively cancel the award and the entire sale procedure, with the refund of the amount, without interest, to the successful bidder who paid. Exclusively in the case of a sale abroad, the buyer undertakes, once having received the vehicle subject to sale, to send to UnipolRental, within and not later than 5 days from receipt of the vehicle, a copy of the CMR (Convention Marchandises Routièrs), Transport Note, duly stamped and signed in the relevant part certifying the correct receipt of the purchased asset.
8. AFTER-SALES COMPLAINTS
8.1 In the event the purchased vehicle arrives at the buyer with damage to the bodywork, interiors or is lacking a number of accessories and/or components not noted the appraisal and not clearly visible in the photos published on the Site, the buyer, in compliance with the law, shall communicate the damage found and/or the missing accessories/components by e-mail, attaching a detailed estimate in ANIA format including spare part codes, photographs of the damage and the shipping note which must show the reporting of the damage, the lack of accessories and/or components disputed upon collection of the vehicle.
8.2 In the event the disputed damages or missing accessories/components are visible in the photographs published on the Site, are reported in the appraisal (ANIA published document) or reported in the same notes of the appraisal, UNIPOLRENTAL shall not be required to refund anything or reduce the price as per art. 1491 of the Italian Civil Code.
8.3 In the event the Buyer discovers mechanical damage not reported in the appraisal and, in any case, not visible in the photographs published on the Site, the Buyer must, in compliance with the legal deadlines starting from discovery, report to UnipolRental, to the e-mail address, aste@unipolrental.it, the damages found, attaching a detailed estimate including the spare part codes and any relevant photographs.
In the event of the effective existence of the damages reported by the buyer not reported in the appraisal and not visible in the associated photographic documentation, UnipolRental, may agree with the buyer the repair of damage at an authorized garage or agree a refund, provided the buyer has not already requested a reduction in the price.
Any reimbursement will take effect through the receipt, on the part of UR, of an invoice, with reference to: Damage reimbursement (vehicle number plate) which shall be paid after 30 days EOM.
Any misunderstandings relating to the colour of the car and paint defects or poorly carried out repairs will not be refunded.
The following will not be taken into consideration:
-Requests regarding materials subject to wear (by way of example and not in exhaustive terms: clutch, brakes, etc…) – Refund requests relating to Navigation SD cards or CD drives -Labour estimates for fault finding - estimate items relating to waste disposal and cleaning material
Items relating to ordinary maintenance in relation to the mileage.
Damages relating to wear (as in annexes 1 – Vehicle technical specifications and 2 – Commercial Vehicles technical specifications) are not taken into consideration.
Each report must be sent by e-mail, within and not later than 72 hours from collection of the asset.
Any reimbursement will take effect through the receipt, on the part of UR, of an invoice, with reference to: Damage reimbursement (vehicle number plate) which shall be paid after 30 days EOM.
8.4 For vehicles offered at Auction, which are in a damaged state (vehicles that are not repaired and are sold in their condition as presented), Unipolrental shall not acknowledge any refund in the event of a dispute. It should be noted that the appraisal, used for the presentation, is generic, and does not cover all the parts of the vehicle.
9. MODEL DIFFERENCES
In the event of differences between the model presented/described for Auction and the vehicle delivered to the buyer, UnipolRental may recognise a reimbursement, which shall be calculated using as a basis the EUTOTAX BLU difference for the month of sale between the two models, reduced by a percentage that takes into account the mileage and age of the car.
9.1 Difference in relation to the mileage.
In the event of a difference in the mileage of the vehicle presented/described for Auction and the vehicle delivered to the buyer, UnipolRental may recognize a reimbursement which will be calculated using as a basis the rules set out by the ETAX BLU publication, that is:
Above-average mileage A write-down of 1.5% for every 7,500 kilometres in excess travelled with respect to the EUROTAX figure reported. Said write-down must not, however, exceed 60% of the value indicated.
Below-average mileage An increase in value of 1% for every 5,000 kilometres less travelled with respect to the EUROTAX figure reported. Said appreciation must not, in any case, exceed 25% of the value indicated.
Unipol Rental shall propose a lump-sum reimbursement in relation to the condition of the vehicle, its age and model, on the basis of the difference emerging from the respective calculation.
10. WITHDRAWAL
The buyer is permitted to withdraw from the purchase of a Vehicle only in the situations provided for below, which are considered mandatory: (a) lack of ownership of the vehicle on the part of the Seller; (b) transcriptions or registrations in favour of third parties in the Public Automobile Register; (c) proven tampering with the odometer results, subject to a 15% tolerance.
11. DATA PROCESSING
INTRODUCTION Pursuant to articles 13 and 14 of Regulation (EU) 2016/679 – General Data Protection Regulation - (also the “Regulation” or the “GPDR”), UnipolRental S.p.A. (hereinafter also, “UnipolRental” or the “Company”) wishes to inform the customer (hereinafter, also, the “Customer” or the “Data Subject”) that, in its capacity as “Data Controller”, it shall process certain personal data referable to the Customer (as a natural person: e.g., sole proprietorship or professional or, as appropriate, administrator and/or contact person of the Customer, if a legal person). The Data will be processed in order to perform the services requested and to fulfil associated legal obligations.
11.1 What data we process UnipolRental will process the following categories of personal data: – general and contact details (name, surname, date and place of birth, tax code, address of residence, domicile, telephone number – fixed or mobile – e-mail address) hereinafter also the “Data”.
11.2 Why we process the data and on what legal basis UnipolRental will process the Data freely provided by Customers, for the following purposes: a. Registration on the Site: to enable your registration with the Site and the creation of your personal account. b. Exploitation of the Services: to allow you to use the Services offered by UnipolRental via the Site, including participation in the Auction sessions. c. Management of contact and/or assistance requests: to manage contact requests received by UnipolRental via e-mail spontaneously sent to the address, aste@unipolrental.it made available by UnipolRental for the purpose and/or to respond to any requests for assistance. d. Improvement of the Services and of the Site: to perform statistical analyses, market research, improve the presentation of the Services and use of the Site. Where possible, we use anonymous data to achieve this purpose (data that do not identify or cannot make the Data Subject subsequently identifiable) e. Fulfilment of associated regulatory, administrative, tax and accounting obligations: communications to the competent Authorities. The legal bases are: – performance of a Contract to which it is an interested party for the purposes as per the previous letters from a. to d. – fulfilment of the regulatory obligations attributed to the Data Controller for the purposes of letter e above.
11.3 Provision of the Data Provision of the Data to our Company (for the purposes as per art. 2) is necessary for providing the requested services and for fulfilling specific regulatory obligations. Failure to provide said Data prevents the provision of the services requested by the Customer.
11.4 How we process the Data and who we may communicate it to The Data will be processed according to logic and methods, also computerised, relevant to the purposes pursued, subject to adoption of appropriate security measures to ensure their confidentiality, integrity and availability. The Data will be processed only by personnel appointed, trained and authorised for the performance only of operations necessary for their assigned duties. We inform you, moreover, that UnipolRental, in its capacity as Data Controller, in pursuit of the aforementioned purposes, may transmit and communicate the data to third parties, autonomous data controllers or data processors (the latter, by virtue of the assignment, on the part of the Data Controller, of specific processing operations and appointed through specific agreements on the processing of data). The categories of recipients of the data include, by way of example: – parties entitled to access the data pursuant to a legal provision, regulation or community legislation, or on the basis of a provision of the Judicial Authority or other public authorities within the limits provided for said regulations or provisions (such as, for example, the Law Enforcement Agencies in the event of theft, or control and supervisory Authorities); – to parties entitled to access certain data necessary for the performance of activities auxiliary to the existing contractual relationship (we can mention, by way of example, but not in exhaustive terms: IT service companies, postal companies, companies that perform payment services). The Data may also be communicated to Companies in the Unipol Group (for further information, reference can be made to the list of Group companies available on the Unipol Gruppo S.p.A. website, www.unipol.it), in the pursuance of the aforementioned purposes and for activities within its competence. A list of recipients of the Data is available at UnipolRental’s registered office. In no event will your data be disseminated and, in the event in which they are communicated to recipients that have offices outside the European Union, the Data Controller shall request and obtain necessary guarantees so that their transfer is made in compliance with the provisions of Chapter V of the GDPR.
11.5 Retention periods The Data processed with relation to the activation, access and exploitation of the services made available via the Reserved Area shall be processed for the entire period of use of the services and, subsequently, they shall be stored, to the extent only strictly necessary, for a period of two (2) years, for the purpose of fulfilling legal obligations and, among these, the obligations as per art. 2220 of the Italian Civil Code. Any further storage of the Data (or part of the Data) may be arranged to assert or defend the rights of the Company in any context, and specifically in judicial proceedings, legal contexts and the effective retention period will start from the definition of the purpose in the competent proceedings. Upon the expiry of the terms, the personal data will be erased or made anonymous: in the latter case, any anonymisation shall occur with the aim of permitting, in any case, analysis and statistical evaluation activities for improving the services.
11.6 Your rights The privacy regulation (arts. 15-22 of the Regulation) recognises the Data Subject a series of rights to protect their data, including: the right to access at any time the data relating to them, to request their rectification and/or integration, if inexact or incomplete, their cancellation, if processed illegally, or the limitation of their processing, if the relevant conditions are met. It’s possible, moreover, to oppose the processing of the data for reasons linked to the particular situation of the same data subject. The privacy regulations recognise, moreover, the Data Subject the possibility of requesting the portability of the data provided by them, where processed with automated means for the contractual services requested by them, within the limits of what is provided for by the Regulation (art. 20). In the event the processing of the data is based on consent, the Data Subject has the right to revoke said consent at any time and has, in all events, the right to oppose the processing of data for direct marketing and profiling purposes, in particular, the use of automated methods of commercial communication and profiling. For any clarification or question regarding the processing of the data and requests relating to the exercise of the rights attributed on the basis of the Regulation, as well as for more detailed information regarding the parties or categories of parties to whom the data are communicated or which gain knowledge of them in their capacity as data processors, you can refer to the “Data Protection Officer”, appointed within the Unipol Group, at the Data Controller’s address:
- UnipolRental S.p.A., via G.B. Vico 10/C - 42124 Reggio Emilia; e-mail address: privacy@unipolrental.it.
The above is without prejudice to the right of every Data Subject to refer to the Italian Data Protection Authority, also through the submission of a complaint, where deemed necessary, for the protection of their personal data and rights.
12. APPLICABLE LAW AND COMPETENT COURT
12.1 The law applicable to any legal relationship arising in relation to the registration and use of the Site, as well in relation to awarding in the Auction of Vehicles owned by UnipolRental and sold by the latter, is Italian law.
12.2 The exclusive competent court for any dispute that should arise with UnipolRental in relation to the execution and interpretation of these general conditions is that of Reggio Emilia.
13. EXEMPTION OF LIABILITY
13.1 UNIPOLRENTAL declines any liability in relation to errors, omissions, interruptions, delays in operations or in transmissions, the absence of connections, non-authorised accesses or alteration of the communications of Registered users.
13.2 UnipolRental declines any liability in relation to any problem or technical malfunctioning of any telecommunications network or telephone line, online computer system, server or internet access provider, IT hardware, software, internet traffic congestion, including violations or damage caused to Registered users' computers or other devices deriving from use of the Site.
13.3. UnipolRental shall for no reason be considered liable in relation to any losses or damage deriving from use of the Site.