Terms and conditions of sale
Who sells, and to whom
These terms govern the sale of used vehicles between VITALARISTA LLC, tax ID EIN 42-2773987 (United States), registered at 30 N Gould St Ste N, Sheridan, WY 82801, USA, which carries out its commercial activity in Spain with the handover point in Xàtiva (Valencia), and the buyer.
They apply to consumer buyers as well as to sole traders and companies. Where a clause applies only to consumers, this is stated explicitly.
The published vehicle information
The data for each vehicle (mileage, year, engine, equipment, history) is published in good faith and taken from the vehicle documentation at the time of publication.
Listing a vehicle on the website does not constitute a binding contractual offer. The contract is concluded upon signature of the purchase agreement. Vehicles may become unavailable at any time.
Before signing, the buyer may inspect the vehicle and its documentation and take an arranged test drive.
Price and payment
Published prices include VAT and state the cash price. Unless stated otherwise they include a valid Spanish ITV, Spanish registration and the one-year warranty.
They do not include transport to an address other than the agreed handover point, vehicle insurance, or the following year's municipal road tax.
Payment is made by bank transfer or in cash within the legal limits applicable in Spain. The vehicle is handed over once payment has been received in full.
Reservation and deposit
A vehicle may be reserved by paying a deposit. The reservation withdraws the vehicle from sale for the period agreed in writing.
- If the purchase goes ahead, the deposit is deducted from the total price.
- If the seller cannot deliver the vehicle for reasons attributable to the seller, the deposit is refunded in full.
- If the buyer withdraws from the purchase, the terms agreed in writing in the reservation document apply.
Handover, documents and transfer of ownership
The vehicle is handed over on Spanish plates with its circulation permit, technical sheet and valid ITV, together with the keys and the available history documentation.
The seller handles the transfer of ownership with the DGT. Administrative agency costs and fees are included in the price unless stated otherwise.
Ownership and risk pass upon actual handover of the vehicle and signature of the purchase agreement.
One-year warranty
Every vehicle includes one year of warranty from the handover date, at no extra cost.
Where the buyer is a consumer, this warranty reflects the liability for lack of conformity under Spanish consumer law: for second-hand goods the period may be reduced by agreement, but never below one year.
The warranty covers defects the vehicle already had at handover, even if they only become apparent later.
What the warranty does not cover
- Normal wear from use: brake pads and discs, tyres, wiper blades, clutch through improper use.
- Routine maintenance: oil, filters, scheduled servicing.
- Damage from accidents, misuse, competition, overloading or modifications made after handover.
- Cosmetic deterioration appropriate to the vehicle's age and mileage.
To rely on the warranty, the buyer must report the defect as soon as it is noticed and must not commission repairs before that report, save in a justified emergency.
Right of withdrawal
For purchases made in person at our premises there is no statutory right of withdrawal: consumer law reserves it for contracts concluded at a distance or away from business premises.
If the contract is concluded entirely at a distance, a consumer has fourteen calendar days to withdraw, under the conditions and exceptions provided by law. In that case the cost of returning the vehicle is borne by the party withdrawing.
Liability
The seller's liability is limited to what is set out in these terms and in applicable law. The seller is not liable for indirect damage, loss of profit or losses arising from the inability to use the vehicle, except in cases of wilful misconduct or gross negligence.
Data protection
Personal data provided during the sale is processed as described in the privacy policy.
Applicable law and dispute resolution
These terms are governed by Spanish law. For consumer disputes, the European online dispute resolution platform is available at ec.europa.eu/consumers/odr.
Where the buyer is not a consumer, the parties submit to the courts of the city in which the seller is established.