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If you are selling a vehicle using our Services, the
following terms will apply.
1.1 All
images of the vehicle you are selling and which you upload to the Site must
reflect the true state of the vehicle on the date upon which you advertise it
for sale.
1.2 All
details you publish on the Site must be complete and accurate, in all respects.
1.3 If the
vehicle is not roadworthy, for any reason, or does not possess a valid MOT, at
the time you publish your Ad with us, or that MOT expires whilst the Ad is on
the Site, you must make that clear in the Ad.
1.4 We will submit the details you have given us about the vehicle to ensure that it has not been written off or stolen.
2. THE
AD
2.1 The
wording you use must be decent and honest and not in any way deceitful.
2.2 We have
the absolute right to reject any Ad, without applying a reason for such
rejection.
2.3 We will
contact you, by email, to confirm that we have accepted your Ad. Until we have
accepted your Ad, you may withdraw it and we will refund any money you have
paid, using the same method by which you paid us.
2.4 The Ad
will appear on the Site until:
2.4.1 you
tell us it is sold; or
2.4.2 the
period for which the Fee has been paid expires; or
2.4.3 we
cancel the Ad.
2.5 You
warrant that all images supplied by you to us are your property and that you
have the unrestricted right to allow us to publish them and any text you use on
the Site.
2.6 You
give us a non-exclusive, worldwide, royalty-free right to use all images and
text you supply to us in connection with the Ad, both in the Ad itself and for
use with our own marketing and publicity campaigns.
2.7 In
publishing the Ad, you will ensure that you comply with all legislation current
at the time of such publication, and which might affect it.
2.8 Your Ad
will relate only to one vehicle.
2.9 You
warrant that you are the owner of the vehicle appearing in the Ad or that you
have the full permission of the owner to publish the Ad.
2.10 You
agree to comply with clause 4 of the General Terms, as if the wording therein
referred to an Ad and not a forum.
2.11 You accept that we make no warranty that you will obtain a sale when using the Site.
3. IF YOU ARE BUYING A VEHICLE
If you are buying a vehicle using our Services, the following terms will apply.
3.1 We have
no ability to verify that the information supplied in the Ad is accurate,
complete or correct.
3.2 We have
no ability to value vehicles for sale on the Site.
3.3 You must
take all reasonable steps to verify that the vehicle is in the order and
condition described in the Ad and that the price is a fair price for that
vehicle.
3.4 Whilst we try to confirm that no fraudulent activity occurs through the Site, our ability to monitor fraud is very limited and you must take such steps as you consider appropriate to confirm that the information is complete and correct – simple and cheap services are available online to help you do this.
3.5 We
always recommend that you do not buy a vehicle based on the description in the
Ad alone, and that you test drive every vehicle you are considering for a
reasonable period, to ensure that it matches your requirements and the seller’s
description.
4.1 The Term of our agreement with you is for the period described in clause 2.4.
4.2 If any amount due to
us under these Terms and Conditions is unpaid for more than 14 days after its
due date, we may:
4.2.1 charge you interest on all unpaid sums, at
the rate of 10% above the base rate, for the time being, of Barclays Bank PLC,
from the due date until the actual date of payment; and
4.2.2 charge you a fee of £25 to cover the
administrative costs we are put to in seeking payment; and
4.2.3 suspend or terminate the Ad, with no liability of any nature to you, for any losses you may suffer as a result.
5. ACCOUNTS
5.1 If you want to use our Service as the seller of a vehicle, you must have an Account.
5.2 When you create an Account you promise that:
§ All information
you give us is accurate and truthful.
§ You will
keep this information accurate and up-to-date.
§ You
will not share your Account with anyone else.
§ You
will keep your Account details confidential.
§ You
will not give your username or password to anyone else.
§ You will log off when you exit the Account.
5.3 We may close your Account if you break these Terms or if there has been no activity on the Account for 12 months and you do not reactivate the Account after we have requested that you do so.
5.4 If you do anything which we think might be fraud, we have the right to report those actions to the Police and the money standing to the credit of your Account may be kept by us to cover the costs we are put to in dealing with your fraud.
5.5 You may only have one Account with us.
5.6 If you change your address at any other time you must tell us.
5.7 You can cancel your Account with us at any time;
all you need to do is to email us at support@garagesnearme.co.uk but if you cancel in this manner, we will not refund any unused part of the fee you have paid us.
6. Data Protection
6.1 All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (and any statutory replacement thereof which may come into existence following the departure of the United Kingdom from the European Union) (“GDPR”) and in accordance with the Privacy Notice which forms part of these Terms and Conditions.
6.2 You warrant that you will, at all times, comply with GDPR.
7. Termination
7.2 We have the right to
end our agreement with you by giving you 7 days’ notice by email, without
reason, but in that event, we will refund to you the unused portion of the Fee.
7.3 You may end the agreement with us at any time by email but we will not refund any part of the Fee to you.
Additional Definitions:
Ad – the advertisement selling the vehicle
Fee – the fee you pay us to publish the Ad
MOT - Ministry of Transport Test Certificate