General purchase terms
General Terms and Conditions for the sale of pre-owned vehicles by Capo Rent a Car
These General Terms and Conditions for the sale of Pre-Owned Vehicles of Capo Rental Vlorë (hereinafter, the "General Terms" or "GTC") govern the relationship between Capo Rental Vlorë, a commercial company operating under the brand "Capo Rent a Car" (hereinafter, "Capo Rent a Car" or the "SELLER"), with registered office at Rruga Zenel Gjoleka, Vlorë, Albania, and NIPT M566302202S, and the consumer customer interested in acquiring a vehicle owned by Capo Rent a Car or in selling a used vehicle of their own to Capo Rent a Car (hereinafter, the "BUYER").
For the purposes of these General Terms, "Consumer" shall mean any natural person or entity meeting the requirements set out in applicable Albanian legislation on the protection of consumers and users.
Capo Rental Vlorë makes available to interested parties, through its website caporentacar.com, information on vehicles available for sale, as well as the possibility of making a vehicle reservation through this website.
1. Subject
The BUYER is interested in acquiring a pre-owned or second-hand vehicle owned by Capo Rent a Car (hereinafter, the "Vehicle"), for which they make the reservation and/or acquire said vehicle, all in accordance with these General Terms.
Capo Rent a Car undertakes to provide the BUYER with the information they request about the vehicle, as well as to provide, where possible, the option to examine the Vehicle at Capo Rent a Car premises prior to making the reservation and to acquiring it.
In addition, Capo Rent a Car offers the BUYER the option to request a history report of the Vehicle and/or a Quality Certificate of the Vehicle through its website, through which they may obtain information on its history and condition. This service is free of charge for the BUYER.
2. Reservation
2.1.
The BUYER may reserve the vehicle they are interested in acquiring. The Reservation is optional; the BUYER may proceed directly to the acquisition of the Vehicle without making a prior reservation.
Prior to making the reservation, the BUYER shall be aware of the content of the General Terms and, if they agree with the content, they shall accept them.
The Reservation, where applicable, shall be formalised in the Reservation Agreement entered into between Capo Rent a Car and the BUYER.
2.2. Formalisation of the Reservation
The reservation shall be valid for seven (7) calendar days from the day of formalisation (hereinafter, the "Reservation Period") through payment of the amount defined as the reservation (hereinafter, the "Reservation"). The amount paid as reservation shall be deducted from the final purchase price of the vehicle if the BUYER formalises the purchase with Capo Rent a Car. To formalise the Reservation, payment of the Reservation amount by the BUYER is essential.
The BUYER shall pay the Reservation amount through one of the following means:
- By bank card, through the Vehicle reservation module on the Capo Rent a Car website, or by presenting it physically at the showroom premises;
- By bank transfer to the bank account designated by Capo Rent a Car; or
- In cash at the showroom premises, observing in any case the limits established by Albanian legislation in force on prevention of fraud and cash payments.
Once the Reservation payment is formalised, the BUYER shall receive confirmation of the reservation from Capo Rent a Car.
Capo Rent a Car undertakes to deliver the vehicle under the conditions agreed with the BUYER at the time of the Reservation, once the BUYER has completed payment of the total purchase price and the relevant formalities have been completed.
2.3. No transfer of the vehicle during the Reservation Period
During the Reservation Period, Capo Rent a Car undertakes to exclude the vehicle from regular commercial circulation and it may not be transferred to any third party other than the BUYER who has formalised the Reservation.
2.4. Waiver of acquisition
If the BUYER waives the acquisition of the vehicle, either by express statement or by not exercising the acquisition before the end of the Reservation Period, the amount paid to Capo Rent a Car as Reservation shall not be refunded, as it shall be considered a breach under applicable Albanian civil law, with the effects established in this clause.
Exceptionally, if the purchase of the Vehicle is conditional upon the granting of financing by a financial entity (provided the operation was intermediated by Capo Rent a Car) and the operation is denied, Capo Rent a Car shall proceed to refund the Reservation amount to the BUYER.
If the sale of the vehicle cannot be completed for reasons attributable to Capo Rent a Car (except in cases of Force Majeure), Capo Rent a Car shall refund the amount paid by the BUYER as reservation in double, in accordance with applicable law.
3. Financing the acquisition of the Vehicle
3.1.
Capo Rent a Car offers, through partner financial entities, the possibility of intermediating in the granting of financing for the acquisition of the Vehicle. Capo Rent a Car may also offer its customers the possibility of contracting insurance with a partner insurance entity covering the risks associated with the financing.
If the BUYER requests financing through Capo Rent a Car, Capo Rent a Car may request additional financial information so that the partner banks can analyse the documentation provided, evaluate the request and, where applicable, provide the conditions of the requested financing.
Similarly, Capo Rent a Car may request additional information from the BUYER so that the partner insurance entities can offer the conditions for contracting insurance covering the financing risks.
The BUYER declares being aware that Capo Rent a Car merely facilitates the possible granting of financing by a financial entity, with Capo Rent a Car having no responsibility regarding the granting of the financing operation. Likewise, the contracting of insurance shall be carried out, where applicable, by the BUYER with the partner insurance entity, with Capo Rent a Car having no responsibility in this regard.
3.2. Down payment
The BUYER, if they so wish, may pay Capo Rent a Car a down payment as a payment on account for part of the purchase price of the Vehicle that they do not wish to include in the financing requested from the financial entity (hereinafter, the "Down Payment").
3.3. Discount for financing the Vehicle
Capo Rent a Car may offer the BUYER a discount for financing the Vehicle acquisition operation, subject to compliance with the conditions established by Capo Rent a Car, such as reaching a minimum amount to be financed, contracting insurance or reaching a period of maintenance of the financing and/or insurance.
The discount shall be conditional upon maintenance of the financing and the associated insurance during the period agreed with the partner financial and insurance entities. In case of early cancellation of the financing and/or insurance, Capo Rent a Car may claim from the BUYER the payment of the discount amount. The conditions governing the discount shall be set out in the Sales Agreement and Legal Warranty of Pre-Owned Vehicle.
4. Acquisition of the Vehicle
The acquisition of the vehicle shall be formalised in the Sales Agreement and Legal Warranty of Pre-Owned Vehicle, under which Capo Rent a Car sells the Vehicle to the BUYER in exchange for the price agreed by the Parties (hereinafter, the "Price").
The Sales Agreement and Legal Warranty of Pre-Owned Vehicle consists of the Sales Agreement itself (particular conditions of the operation, hereinafter, "Sales Agreement") as well as these General Terms.
The Sales Agreement shall identify the Vehicle, its Price, payment method, characteristics, age and mileage, as well as any additional information necessary regarding the conditions of the Vehicle, technical and maintenance condition.
The PARTIES undertake to provide each other with all documentation that may be required for the correct formalisation of the sale.
5. Price
The BUYER undertakes to pay the Sale Price of the Vehicle set out in the commercial offer, the Reservation Agreement and the Sales Agreement (hereinafter, the "Price").
For the calculation of the total price payable, the Sale Price of the Vehicle, applicable discounts, and any other items shall be taken into account, such as the price of products and/or services associated with the sale (administrative procedures for change of ownership and preparation, home delivery service if applicable, post-sale warranty extension), as well as applicable taxes under current Albanian legislation.
Prior to formalising the Sales Agreement, the Price of the Vehicle and the price of additional products and/or services shall be quantified.
6. Payment method and invoicing
If the BUYER has opted to formalise the Reservation, Capo Rent a Car shall send a proforma invoice once the Reservation is received. The BUYER shall pay the Price to Capo Rent a Car within a maximum of 7 calendar days from the date of formalisation of the Reservation (deducting the reservation amount and, where applicable, the previously paid transport).
If the BUYER has not formalised a reservation, Capo Rent a Car shall issue a proforma invoice and the BUYER must proceed to pay the Price.
The BUYER must pay the Price to Capo Rent a Car and Capo Rent a Car must receive the payment, prior to the signing of the Sales Agreement.
If the purchase of the Vehicle has been financed, the BUYER shall authorise the financial entity to pay Capo Rent a Car for the Vehicle on their behalf and on their account.
Payment of the Price shall be made by transfer or deposit to a bank account; cash payments of the Price are not accepted as they are not permitted by applicable law.
Capo Rent a Car shall issue the sales invoice once payment of the Price has been received.
7. Transfer of ownership
Capo Rent a Car shall manage the change of ownership of the Vehicle before the relevant Albanian public administration once the Sales Agreement has been formalised.
The BUYER undertakes to provide their identification document and signed power of attorney at the time of formalisation of the Sales Agreement.
The SELLER may not manage the change of ownership if the BUYER does not provide the necessary documentation, with the SELLER being exempt from any liability arising from such failure.
Capo Rent a Car shall provide the BUYER with a provisional certificate issued by an administrative manager authorised by the competent authority, so that they may temporarily drive the Vehicle until the change of ownership is processed in their name.
8. Delivery of the Vehicle
8.1. Delivery period
Capo Rent a Car shall deliver the vehicle within the period agreed at the time of formalisation of the Sales Agreement.
The agreed delivery period may be extended by subsequent agreement between the Parties. Capo Rent a Car reserves the right to unilaterally extend this period in case of delays for reasons not attributable to Capo Rent a Car during the delivery process.
8.2. Place of delivery
The BUYER shall choose between the following delivery options:
- Home delivery: delivery at the address designated by the BUYER. This option may be subject to costs that will vary according to the purchase channel, type of transport and place of delivery. If subject to a cost, this shall be communicated to the BUYER prior to the purchase.
- Delivery at Capo Rent a Car premises: during the reservation process, the BUYER shall be informed if this option is available. If so and chosen by the BUYER, delivery shall be free of charge.
At the time of delivery, the SELLER shall deliver to the BUYER the Provisional Circulation Permit and the Vehicle's Technical Sheet.
From the moment of delivery, the BUYER assumes all responsibilities and penalties of any kind that may arise from the use or possession of the Vehicle.
9. Insurance
The BUYER acknowledges that the SELLER only undertakes to maintain the mandatory insurance of the Vehicle until the time of delivery, with the SELLER being released from its obligations from that moment.
The BUYER is aware of the legal obligation to contract the mandatory vehicle insurance from the moment they take possession of the Vehicle, in accordance with applicable Albanian legislation.
The BUYER shall exempt Capo Rent a Car from any damage that may arise from failure to comply with this requirement.
10. Condition of the Vehicle and lack of conformity
10.1.
The BUYER, at the time of signing the Sales Agreement, expresses their agreement with the condition of the Vehicle, being aware of it.
10.2.
The SELLER shall be liable to the BUYER for any lack of conformity that exists at the time of delivery of the Vehicle.
The vehicle shall be deemed to conform to the contract, unless proven otherwise, when it matches the description provided by the SELLER, meeting the quality standards and performance of a vehicle of similar characteristics and being intended for the ordinary use for that type of vehicle.
There shall be no liability for lack of conformity for matters that the BUYER knew or could not have ignored at the time of delivery, as well as those of which they were informed and expressly accepted.
10.3.
The BUYER must communicate any lack of conformity of the Vehicle within a maximum of one (1) year from delivery.
In the event of lack of conformity, the BUYER must communicate it to the SELLER as soon as possible upon becoming aware of it.
10.4.
If within the one-year period a lack of conformity in the Vehicle not attributable to the BUYER is communicated, the SELLER shall proceed in accordance with the remedies specified in the following clause.
11. Warranty and after-sales service
11.1.
The SELLER provides a one (1) year warranty on the Vehicle (hereinafter, the "Warranty Period"), responding for any lack of conformity manifested within one (1) year from delivery (hereinafter, the "Warranty").
The SELLER shall repair the Vehicle free of charge and, if repair is not possible or entails disproportionate costs, the SELLER shall reduce the price of the Vehicle proportionally to the lack of conformity detected or, where applicable, terminate the contract with the return of services.
The BUYER may not under any circumstances demand replacement of the Vehicle, given that due to the specific characteristics of the Vehicle (pre-owned or second-hand) it is impossible to replace it with another of identical characteristics, and this solution would moreover be entirely disproportionate.
Capo Rent a Car shall not be liable for any elements of the Vehicle that have been manipulated by the BUYER, nor for repairs or changes not authorised by the SELLER. Before any repair, the BUYER undertakes to inform the SELLER, who must expressly authorise it.
Any additional element contracted, such as, without limitation, the warranty extension, vehicle insurance, after-sales programmes or other supplementary services to the sale of the Vehicle, are not an integral part of the Price of the vehicle and shall not be refunded.
If the customer so requests, Capo Rent a Car may provide a proposal for contracting an extension of the warranty period, offered by a third-party partner of Capo Rent a Car. If the BUYER contracts the extension, the conditions shall be agreed between the parties, with Capo Rent a Car having no involvement.
11.2. Exclusions
By way of non-limiting example, lack of conformity does not include normal wear of parts, materials or components of the vehicle, including:
- Batteries, spark plugs and heaters.
- Belts (timing and auxiliary), clutch, brakes (discs, pads, drums and shoes) and shock absorbers.
- Multimedia equipment, parking sensors and ADAS.
- Bulbs, LED and Xenon lights (interior and exterior).
- Tyres, rims and wheel covers, control and adjustment of the front and rear axles.
- Windscreen wipers, batteries, fuses and filters.
- Topping up of liquids and fluids (except when as a result of a covered breakdown).
- Recharging of air conditioning gas (except when as a result of a covered breakdown).
- Periodic and/or preventive maintenance operations.
- Any aesthetic defect, interior or exterior.
Likewise, the breakdowns or deficiencies of the Vehicle:
- Motivated by normal wear of parts, materials or components.
- Motivated by improper use of the Vehicle or by the lack of maintenance operations advised by the manufacturer.
- Resulting from theft or accident.
- That the consumer knew or could not have ignored at the time of the contract or that originate from materials supplied by the consumer.
- When the Vehicle has been transferred to a third party other than the contract holder.
11.3. After-sales
Capo Rent a Car offers its customers after-sales service during the Warranty Period. The BUYER may report any incident, breakdown or problem with the Vehicle during the Warranty Period and as long as the repair is not excluded as defined in these General Terms or in the sales agreement.
The BUYER may contact the after-sales service by emailing contact@caporentacar.com or in person at Capo Rent a Car premises.
12. Right of withdrawal in distance sales or off-premises sales
Withdrawal from the contract implies the return by the BUYER of the acquired Vehicle and the refund by the SELLER of the Price. This right is only recognised by law if the sale has been carried out at a distance or off-premises, i.e. outside the Capo Rent a Car premises. Therefore, the BUYER shall only have the right to withdraw from the contract in sales carried out at a distance or off-premises.
Capo Rent a Car shall refund the amount corresponding to the Price of the vehicle, after deducting, among others, any discounts and special conditions from which the BUYER may have benefited. The refund shall be made by the same payment method used for the Price.
The BUYER must communicate to Capo Rent a Car their intention to withdraw from the contract within a maximum of 14 calendar days from receipt of the Vehicle (hereinafter, "Withdrawal Communication"), by sending written communication to:
- The email contact@caporentacar.com.
- The email of the Sales team member who managed the sale of the Vehicle.
- By postal mail to the address indicated by the SELLER.
The Capo Rent a Car team shall contact the BUYER as soon as possible to begin the vehicle return process.
The BUYER shall hold Capo Rent a Car harmless for any damage or liability directly or indirectly related to the Vehicle, from the initial delivery until the effective return to Capo Rent a Car.
13. Return of the Vehicle in case of withdrawal
13.1. Return period
The BUYER, exercising the right of withdrawal, must return the Vehicle to the SELLER within a maximum of 14 calendar days or a limit of 1,000 km from receipt of the vehicle. If the said period ends on a public holiday or outside the opening hours of the premises, the consumer may return it the following business day.
13.2. Return conditions
Capo Rent a Car shall be entitled to reject the return of the vehicle when it does not comply with these General Terms or to pass on the loss of value of the Vehicle to the BUYER, for anything exceeding the normal use of the goods beyond mere examination or testing.
The SELLER shall only accept the return of the Vehicle in good condition, i.e. in the same condition as at the time of delivery, without prejudice to the wear that may have occurred from habitual use. The BUYER undertakes to return the Vehicle without any modification or alteration.
Capo Rent a Car shall not accept the return of the Vehicle if it has been used for purposes that involve a risk to the goods, when it has suffered damage that does not correspond to the wear resulting from normal use or when the vehicle's characteristics have been altered or modified. Capo Rent a Car reserves the right to carry out its own expert assessment through its team or third parties designated by Capo Rent a Car.
It is essential that the BUYER, upon returning the Vehicle, deliver to Capo Rent a Car the two vehicle keys and the original physical documentation so that the SELLER can manage the change of ownership.
If the BUYER picked up the vehicle at Capo Rent a Car premises, they must return it at the same place, on the day and time previously agreed.
The BUYER shall sign a document certifying the delivery of the Vehicle to the SELLER or a third party designated by it.
If the BUYER has delivered their car as part of payment and decides to return the vehicle and has the right to do so, Capo Rent a Car shall decide whether to pay the amount for which the vehicle was valued at the time of the operation or, on the contrary, return the vehicle delivered as part of payment to the BUYER.
13.3. Place of return
If the BUYER contracted the home delivery service, they may choose between returning it at Capo Rent a Car premises (when available) or having Capo Rent a Car, through a tow truck or driver service, collect the Vehicle near where it was delivered, on the day and time previously agreed. The cost of the collection service shall be paid by the customer and the price shall depend on the location.
13.4. Return costs
The return of the Vehicle may entail costs for the BUYER:
- Vehicle transport costs, if the BUYER chooses not to return it at the showroom premises (when this option is available). This cost shall be communicated as soon as possible.
- Costs of the change of ownership of the Vehicle before the public administration.
Capo Rent a Car shall inform the BUYER of the costs associated with the return as soon as possible and, in any case, before the effective return.
13.5. Conditions applicable to the sale of a new vehicle
If, once the right of withdrawal has been exercised, the BUYER decides to acquire another vehicle owned by the SELLER, Capo Rent a Car may, at its option, choose to offset the amount paid for the first purchase against the amount of the second. If the price of the second purchase exceeds the price of the first, the BUYER shall pay the difference; otherwise, Capo Rent a Car shall pay the BUYER the difference.
14. Valuation and purchase of a used vehicle owned by the BUYER
If the BUYER wishes to sell a used vehicle of their own to Capo Rent a Car, Capo Rent a Car shall carry out a valuation of the vehicle and, if interested in acquiring it, shall make an economic offer.
The valuation shall be free of charge for the BUYER, who in this case shall act as seller.
The sale shall be formalised by means of a sales agreement between the parties and shall be completed upon delivery of the Vehicle. Capo Rent a Car shall pay for the Vehicle by bank transfer to the bank account indicated by the BUYER.
The BUYER shall deliver the Vehicle at Capo Rent a Car premises or to a third party designated by Capo Rent a Car for collection. The delivery shall be free of charge for the BUYER.
Capo Rent a Car shall manage the change of ownership of the Vehicle, free of charge for the BUYER, who must provide the documentation requested.
At the time of delivery, the BUYER shall deliver to Capo Rent a Car the original Circulation Permit, the Technical Sheet of the Vehicle and two copies of vehicle keys.
The BUYER shall hold Capo Rent a Car harmless from all responsibilities and penalties of any kind that may arise from the use or possession of the Vehicle prior to the moment of Delivery.
15. Termination of the Contract
The following are considered causes for termination of the Contract:
- Exercise of the right of withdrawal by the BUYER, when the law recognises this right and in the manner established in these conditions.
- Expiry of the Reservation Period without the BUYER having formalised the purchase of the reserved Vehicle with Capo Rent a Car, e.g. by not paying the Price within the period.
- Substantial breach by either Party of any of the obligations established in the Sales Agreement and/or these General Terms.
- Any cause provided for in applicable law.
- Agreement between the Parties.
16. Data protection
16.1. Processing of personal data
In accordance with EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) and other applicable Albanian data protection legislation, the BUYER is informed that the personal data collected for the contracting of our products and services shall be processed by Capo Rental Vlorë as Data Controller (hereinafter, the "Controller").
16.2. Purpose and lawful bases for processing
The personal data collected shall be processed for the execution of the vehicle sale contract (including Vehicle Reservation) and all services and products related to it, the request for financing from partner financial entities and/or contracting of insurance with partner insurance entities, as well as arrangements before and after the formalisation of the contract, including after-sales services. The lawful bases are the execution of the contract, the consent given by the BUYER, compliance with legal obligations and the legitimate interest of Capo Rent a Car.
16.3. Recipients
The data of the data subjects may be transferred to third parties to comply with a legal obligation, when such communication is necessary to comply with the contractual obligations assumed by Capo Rent a Car (e.g. to process the change of ownership of the Vehicle), if the BUYER requests financing from a partner financial entity of Capo Rent a Car or insurance with a partner entity, for the provision of related services or with the consent of the data subject, as well as to satisfy the legitimate interests of Capo Rent a Car.
16.4. Rights of the data subject
Data subjects may exercise their rights of access, rectification, restriction, erasure, revocation of consent, objection, portability and, where applicable, not to be subject to automated individual decisions, by writing addressed to the registered office of the Controller, located at Rruga Zenel Gjoleka, Vlorë, Albania, or to the email: contact@caporentacar.com.
Data subjects may also file a complaint with the competent supervisory authority for personal data protection in the Republic of Albania, as well as with the supervisory authority of the Member State where they reside, where their place of work is located or where the alleged infringement has occurred.
16.5. Additional information
Data subjects may contact Capo Rent a Car at the email contact@caporentacar.com or by postal mail to the registered office of the Controller. Data subjects may consult additional and detailed information on the processing that Capo Rental Vlorë performs of their personal data in the Privacy Policy, located on the Capo Rent a Car website.
17. Translation
The BUYER has the right to receive a copy in Spanish of these General Terms, and this has been noted in the possible versions drafted in other languages. In case of discrepancies, the English version shall prevail.
18. Customer service and complaints
If you wish to make any suggestions on the improvement of our services, we are at your disposal at the email contact@caporentacar.com and at the phone +355 68 895 5310.
All Capo Rent a Car premises have official complaint forms which will be kindly provided to you upon request to Capo Rent a Car staff. Capo Rent a Car values your comments and strives to continuously improve its offer based on the opinions of its customers.
19. Severability clause
If any of the provisions of these General Terms is or becomes invalid, the validity of the remaining provisions shall not be affected.
20. Modifications
Capo Rent a Car is entitled to update these General Terms and, therefore, to make modifications to the products and services it deems appropriate. Capo Rent a Car shall inform the BUYER with due notice of the intended modifications, so that the BUYER may duly exercise their right to reject. In case of rejection, the General Terms in force at the time of the contract shall apply.
The communications between SELLER and BUYER must be made using suitable means of communication, leaving written record and always within a reasonable timeframe. Capo Rent a Car shall provide the BUYER with an email so they may duly exercise their right of non-acceptance.
21. Jurisdiction and applicable law
These General Terms are governed by the legislation of the Republic of Albania. The Parties expressly submit to the competent Courts and Tribunals of Vlorë (Albania) for any incidents and issues arising from the Contract, except for those relating to Consumer matters, which shall be governed by the jurisdiction established in their own regulations. In accordance with applicable regulations on online dispute resolution for consumer matters, the Parties may resort to the official online dispute resolution platforms where applicable.