INTRODUCTION:
Leasys Luxembourg S.A. (hereinafter “Leasys”), located at 7 rue Nicolas Brosius, L-3372 Leudelange, is a
leasing and fleet management company for commercial vehicle fleets. At the end of leasing contracts,
Leasys resells these vehicles via the online platform Clickar S.r.l. (hereinafter “Clickar”). Only registered
professional clients can access the used vehicle market.
PARTICIPATION CONDITIONS:
To participate on the Clickar platform, the buyer must accept these GTCS of Leasys. Acceptance is
confirmed by clicking the “Yes” button at the end of these terms.
OFFERED VEHICLES:
All vehicles are assessed by independent experts to determine damage, in accordance with international
standards of normal wear and tear defined by Leasys. The condition of the vehicles is represented through
photos and descriptions. Leasys commits to providing the most accurate description possible based on
these assessments.
This information does not constitute a guarantee of the vehicle’s proper functioning. Leasys aims to provide
complete and accurate information regarding the vehicle’s condition. If Leasys is aware of a technical
defect, it will be mentioned. However, Leasys cannot be aware of all potential technical defects (e.g., not
reported by the client at vehicle return or not communicated to the “Technical” department during the
lease).
The seller cannot be held responsible for damages not mentioned in the expert report.
Remarks:
- Minor damage (scratches, dents) may not be listed.
- Hidden defects due to lack of maintenance (battery, tires) may exist.
- Valuable equipment (leather seats, air conditioning) may not be listed.
In all such cases, the price will neither be increased nor reduced. Risks and opportunities are borne by the
buyer, except in cases of serious defects affecting vehicle usability (e.g., damaged engine or gearbox) or
major errors in the assessment (e.g., vehicle described as 5-door but has 3).BIDDING PROCEDURE:
The car dealer must submit VAT-exclusive offers for each vehicle of interest before the closing date
indicated on each sales list. The offer must remain valid for at least 7 days.
By placing a bid, the dealer declares, guarantees, and agrees that they have the capacity to complete the
transaction, and that any bid constitutes an irrevocable offer to purchase the vehicle(s) for the total bid
amount, including auction fees and applicable VAT.
In case of withdrawal/cancellation of the winning offer, Leasys reserves the right to charge cancellation
fees (€350 for offers up to €20,000, 2% of the offer for offers >€20,000).
SALE CONTRACT CONCLUSION:
- In case of auction: The contract is concluded with the highest bidder, provided the offer exceeds the
reserve price.
- In case of Click&Buy / Showcase option: The contract is concluded once the client confirms the purchase
via the “Direct Purchase” function.
MANAGEMENT FEES:
In addition to the purchase price, the dealer will be charged management fees as stated on the invoice
(€350 excl. VAT). Leasys reserves the right to modify these fees at any time.
RESERVATIONS:
Leasys disclaims any liability for platform malfunctions or connection issues. Vehicles may be
simultaneously offered through other sales channels. Leasys reserves the right to withdraw an offer, even
during or after an auction or direct purchase. No right to contract conclusion or damages can be claimed.
NO WARRANTY / LIABILITY:
The sale is made without warranty for material defects. Claims regarding points mentioned in the “Vehicle
Data” section must be made within 10 days of receiving the removal authorization. It is recommended to
identify defects or missing parts during pickup.
INVOICING:The invoice is sent separately after contract confirmation. It will detail the vehicle price, auction fees, and
applicable VAT rate.
VEHICLE PAYMENT:
The invoice must be paid by bank transfer within 5 business days from the invoice date. Otherwise, Leasys
reserves the right to cancel the sale and sell the vehicle to a third party. The vehicle remains Leasys’
property until full payment. Cancellation fees may apply for non-payment.
PICK-UP VEHICLE:
Vehicle location is indicated in the description. After payment, Leasys sends the pick-up authorization to
the buyer. Vehicles must be picked up at the buyer’s expense within 5 business days of the authorization
date. Otherwise, Leasys may charge parking fees.
CLAIMS / SALE CANCELLATION:
The dealer must thoroughly inspect the vehicle. In case of serious defects affecting usability (e.g., damaged
engine or gearbox) or major errors in the assessment (e.g., vehicle described as 5-door but has 3), the
dealer may file a claim if the damage is significant. If no claim is made within 72 hours of delivery, Leasys
considers the vehicle accepted without reservation.
If the claim is accepted, Leasys will renegotiate the sale price. If no agreement is reached, Leasys reserves
the right to cancel the sale. Any costs already incurred (transport, cleaning, refurbishment) cannot be
claimed.
COMMUNICATION:
Communication is exclusively via email: carremarketing.lu@leasys.com
REQUIRED DOCUMENTS:
- Recent extract from the commercial register or equivalent document
- Legible copy of the manager’s ID
- Intra-community VAT certificate
- Other possible documents
Documents must be sent to carremarketing.lu@leasys.com during initial registration or data changes.COOPERATION OBLIGATION UNDER ANTI-MONEY LAUNDERING LAW (KYC & KYB):
In accordance with applicable legal and regulatory obligations regarding anti-money laundering and
counter-terrorism financing, Leasys undertakes to implement required due diligence measures, including
identification and verification of its contractual partners, in line with “Know Your Customer” (KYC) and
“Know Your Business” (KYB) principles.
The partner agrees to provide complete, accurate, and up-to-date information and documents required by
Leasys, including details of any beneficial owner of the contractual relationship or transaction, and
identification elements.
Each party agrees to comply at all times with its obligations under this contract, in strict accordance with
applicable laws and regulations, including those listed in Annex 1 (page below).
FINAL PROVISIONS:
This contract is governed by Luxembourg law. Subject to mandatory legal provisions, any dispute regarding
interpretation, execution, or validity of this contract falls under the exclusive jurisdiction of the courts of
Leasys Luxembourg’s registered office.
If any provision of this contract is declared null or unenforceable, this shall not affect the validity of the
other provisions. The invalid clause will be replaced by a valid provision reflecting the original intent of the
parties as closely as possible.
MODIFICATION OF GTCS:
These GTCS take effect upon registration of a new participant or acceptance by an existing user. Leasys
reserves the right to modify the GTCS at any time, particularly to reflect legislative, regulatory, technical, or
commercial developments. Any substantial modification will be notified to users by appropriate means.
Continued use of the platform after publication of the modified GTCS constitutes full acceptance of the new
provisions. In case of refusal, the user must stop using the platform.ANNEX 1
COMPLIANCE WITH LAWS - STANDARD CLAUSES
Compliance with International Sanctions
For the purposes of this Section, the following terms shall have the meaning ascribed to them below:
“International Sanctions” is defined to mean economic, financial or trade sanctions, such as embargoes, freezing of
assets, sanctions targeting certain economic sectors and other restrictive measures, which are issued, administered
or enforced by a Sanctions Authority.
“Sanctions Authority” means any institution or agency of the United Nations, the European Union (or any of its
member states), the United Kingdom, the United States of America (including the Office of Foreign Assets Control
of the United States Department of the Treasury (OFAC), the United States Department of State and the United
States Department of Commerce).
“Sanctioned Country” means any country or territory which is, or whose government is, the object of International
Sanctions.
“Sanctioned Person” means any natural person, legal entity or entity (“Person”) who (a) is, or who is directly or
indirectly owned or controlled (as these terms are defined by the relevant Sanctions Authority) by, or acting on
behalf of one or more Persons on any list of designated or restricted Persons maintained by a Sanctions Authority
or (b) who is resident in, or incorporated under the laws, of a Sanctioned Country, or (c) is otherwise the subject of
International Sanctions.
“U.S. Persons” means any U.S. citizen (including dual citizens) and lawful permanent resident alien of the United
States (i.e. “Green Card” holder), wherever they are located; any person physically located in the United States,
including U.S. branches or offices of non-U.S. entities; or any entity organized under the laws of a United States
jurisdiction. Any entity owned or controlled by any U.S. Persons must comply with U.S. sanctions related to Iran
as if they were U.S. Persons.
Each party undertakes to maintain in effect and implement policies and procedures intended to ensure compliance
with International Sanctions.
Each party represents that neither it, nor any of its subsidiaries, or any of its or their legal representatives, directors,
officers and, to its knowledge, employees or subcontractors is a Sanctioned Person.
The Company also represent that: (a) it shall provide execution to this Agreement in a manner which will not result
in any violation of International Sanctions; (b) its personnel, subcontractors and their personnel, involved in the
performance of the Agreement and that are U.S. Persons, are informed and comply with the US laws and regulations
on International Sanctions applicable to them in their capacity as U.S. Persons, including obligations on U.S.
Persons to refrain from carrying out such provision of services and/or services that are prohibited to the U.S. Persons
pursuant to US regulations on International Sanctions (“Prohibited Activities to U.S. Persons”); and (c) ensure that
no U.S. Person engages in Prohibited Activities to U.S. Persons in the performance of the Agreement.The representations made under this clause are deemed to be repeated until the termination of the Agreement.
Protection of human rights and the environment, and the fight against corruption
Each party represents that it complies with and fulfils any obligations applicable to it under national and/or European
and/or international laws and/or regulations related to the identification of risks and to the prevention of serious
violations of human rights and fundamental freedoms, the health and safety of persons and the environment,
including but not limited to (i) in France, Law no. 2017-399 of 27 March 2017 on the “duty of care of parent and
ordering companies” (“Law on the duty of care”), and, (ii) in the United Kingdom, the Act on the fight against all
forms of modern slavery and trafficking in human beings in companies operating in the United Kingdom and within
their supply chains dated 26 March 2015 (the “UK Modern Slavery Act 2015”).
Furthermore, each party values particularly the fight against fraud and corruption and represents that it complies
with the mandatory laws and regulations in force, including but not limited to French Law no. 2016-1691 of 9
December 2016 on “transparency, the fight against corruption and the modernization of business life” (“Sapin II”
Law), if and to the extent that a party is subject to such law.
Each party represents that it shall comply and ensure that its managers and employees comply with national and /
or European and / or international laws and / or regulations relating to the fight against corruption and trading in
influence, and that it, and its affiliates, shall furthermore comply with its applicable codes of business conduct
and/or policies regarding ethical behavior, anti-bribery and anti-money laundering.
Compliance with labor law and social protection
Each Party represents that it complies, in the country/ies where it operates, with all binding provisions, standards
and rules concerning the environment, safety and employment law or, at the very least if these do not exist, the
provisions of the International Labor Organization Declaration (ILO-1998).
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Each Party hereto undertakes to inform the other Party as soon as possible in the event of an inaccurate
representation or in the event that one of his representations turned out to be inaccurate or in the event of a breach
of its obligations under this section of the Annex.
The representations and undertakings made by each Party under this section of the Annex may not be subject to any
limitation of their respective liability.
Any breach of the terms of this section of the Annex is considered, for the purposes of the "Termination" section of
the Agreement, a material and irremediable breach.