User Agreement between you and carsinauction.com
The following is the user agreement as presented by carsinauction.com. You must agree to these terms before you will be able to sell cars, or bid on them. If you do not accept these terms, please, do not use our services
By using this web site you represent and warrant that you have the right and authority to enter into this agreement and to abide by all of the terms and conditions of this agreement.
Extent of agreement
These terms and conditions will operate while you use the site and are a registered user thereof. The terms hereof contain the entire agreement between you and carsinauction.com. You may terminate your registration at any time for any reason.carsinauctiom.com may terminate your access to the site and/ or your registration for any reason, or without giving a reason.
Proprietary rights and copyright
Carsinacution.com owns proprietary rights in the carsinauction.com site and carsinauction.com service. Except for that information which is in the public domain or for which you have been given permission, you may not copy, publish, transmit, distribute and display such information.
Material subject to copyright must not be used by members without the prior written permission of the owner of the copyright. Material provided by users
Carsinacution.com reserves the right to refuse, delete or edit any content submitted by users.
Disclaimer and indemnity
All car listings and the content described with the each advert are based upon information supplied and edited by the owner, or behalf of the owner.
Carsinauction.com is not responsible for the content of any material. Each registered user of carsinauction.com assumes complete liability for such content and for any claim made against as a result thereof. No warranties of any kind are made by carsinauction.com concerning any material and content provided by its and/ or under this agreement. The author of such content agrees to be responsible for, and hold carsinauction.com harmless from all costs, expenses, liabilities and damages resulting from or caused by any such content.
Limitation of liability
Carsinauction.com excludes any liability [unless prevented from doing so by law] to you or any other user or to anyone however caused for any loss of damage arising out of the use of the service provided by carsinauction.com
Free listing in Supermarket
There is no fees to pay for this service and there are no hidden charges so free car listing means, completely free of charge service.
Eligibility of membership
This auction site is only available to people who are legally able to form binding contracts with you and the seller/buyer of an auction item. People who are of under age of 18 are not eligible for membership due to security precautions that can result as of those members. If you do not meet these requirements, you are not eligible to use these auction services.
Loss or Damage - Carsinauction.com is only providing auction services - We only provide services to people interested in selling and buying merchandise via internet auction. We do not have control over the items that are posted in the auction site, and cannot guarantee the authenticity and quality of a said car. We are not responsible for the actions the sellers take, before, during and after the auction, typographical errors, miss-prints, loss of merchandise/money, damage or failure of equipment, due to your visit to this auction site. Use of this site is at your own risk, and content is presented ‘AS-IS'.
Bidding and Selling
As a user, you may bid and/or sell your car over cars in auction.com. As a bidder, you know that placing a bid is a binding contract with you and the seller, and the bid cannot be retracted unless due to fault by the seller of typographical error, or other error, due to human error on the seller's part. Once you place a bid, and if you win, you will be obligated to buy the product at the said price you indicated as your bid. Placing a bid on this auction site, and winning, then not paying for the car is illegal and prosecution can result to you. As a seller, the car that you place up for bids must be real. Once a bid has been placed for your car, you are being placed in a binding contract with the potential buyer of the car, if that bid shall be the highest bid. Once the auction is over, if over reserve price, you are obligated to sell to the potential buyer which is the highest bidder in your auction. If, reserve price was not met, you are not obligated in anyway to sell this car at all. As a seller, you are not in anyway to bid on your own items. If reported, your auction will be deleted.
Selling cars
As a user, you are welcome to put your car up for sale in carsinauction.com. We do have restrictions on what cars you may sell, and what you may not sell. You must not advertise stolen cars or cars on HP, Either in supermarket or in auction room. If found your registration and car advertisements will be deleted immediately.
Car description
The car must always be described correctly and exhaustively in relation to the current description procedure completed during registration. None of the required pieces of information may be omitted during the description. All faults, defects and modifications to the car must be described.
Once a car has been registered, the description of the car is binding on the seller, who is obligated to supply a car that fulfils the description. It is not possible to change the description during a running auction. Should the seller discover that the car description is incorrect, they must contact carsinauction.com immediately.
The seller is responsible for ensuring that the information entered during the description process is correct and complete. Carsinauction.com has no responsibility for the car description.
The seller is required to have investigated the following items, which must be unconditionally reported in the description:
Whether there are other rights attached to the car, including ownership, reservation, seizure, purchase options or pre-emptive rights.
Whether there are any other factors that limit or restrict the sale of the car in a free and unencumbered state.
Whether any entitlements have been registered on the car in the HPI Register. The seller is responsible for ensuring that these entitlements can always be redeemed, cancelled at the time the car is handed over or before.
Reserve price
The seller sets his own reserve price. Carsinacution.com does not and will not recommend price for the car which seller is intending to sell on its web site.
The auction procedure
Carsinauction.com manage this online auction which runs 24 hours a day and can not be stopped or cancelled unless otherwise there is a error in system or software which control all auction activities.
Bidding regulations
Bids entered are binding on the bidding party. The buyer chooses the maximum amount he wishes to bid at the auction. If the bid is less than or equal to the seller's reserve price, the full bid is immediately registered as the highest bid. If the bid is above the reserve price, the reserve price is immediately registered as the highest bid.
If two bidders enter the same bid, the first bid received will become the highest bid.
If a bid higher than the bid entered has already been made, the bid entered will be immediately outbid.
Bids cannot be reduced or cancelled once they have been made.
All bids entered are recorded and stored by carinauction.com
Once a bid has been entered on a car which is equal to or above the seller's reserve price, a binding agreement exists between the seller and the highest bidder, and both parties are obligated to complete the sale transaction. Thus the seller is obligated to supply the car in the condition described to the highest bidder, and the highest bidder is obligated to accept and pay for the car.
Carsinauction.com rights
All rights relating to the auction system, including all terms, conditions, descriptions, data, and procedures and know how rest with carsinauction.com alone. All copyrights, trademarks and all other intangible rights to and relating to the auction system and carsinauction.com, rest with carsinauction.com alone.
Any form of copying, replication or other kind of imitation is forbidden.
Users may only use the auction system for correct and lawful participation in the carsinauction.com car auction. Any violation can be expected to lead to liability and legal prosecution.
Exemption of liability
Carsinauction.com is only the auction host and as such is never party to a car sale agreement entered into during the auction. Thus it is exclusively the buyer and seller who are the parties in the sales transactions agreed to. Carsinauction.com has no liability, in any respect, for the car sales transactions, including the behavior of the buyer and seller. This applies particularly, but is not limited to, the seller's information about the car, whether the seller can/will sell and hand over the car, whether the buyer can/will pay for and accept the car, whether the seller is the owner of the car, whether any third party has a hire purchase, seizure, ownership reservation, pre-emptive right, purchase option or other entitlement relating to a car.
Carsinauction.com will not be liable for interruptions to service and faults that have arisen as a direct or indirect consequence of communication errors, data-entry errors, or breakdowns/interruptions to service on the Internet, the auction system servers, hardware or software.
Carsinauction.com will not be liable under any circumstances for consequential damages and indirect losses, including lost profits, income, business opportunities and loss of data, information, etc.
Carsinauction.com and sale transaction
Carsinauction.com is never party to an agreement regarding the purchase or sale of a car. Carsiancution.com role is exclusively to make the auction system available to buyers and sellers. The agreement relationship relating to a car being sold is therefore exclusively a matter between the buyer and seller. Disputes between the buyer and seller must be resolved between these two parties.carsinauctio.com can never be made liable for breaches of an agreement by one or both parties.
The terms between the buyer and seller in the Terms and Conditions only apply where the parties have not entered into another agreement. For example, the parties may freely choose an alternative delivery time, delivery location, and payment date or payment method. If an alternative agreement cannot be reached, the buyer and seller must observe carsinauction.com Terms and Conditions.
When an agreement has been entered into
Once a car has been traded, the buyer and seller have a mutual obligation to contribute to the completion of the transaction and fulfill their obligations in this regard.
Delivery and the buyer's right of inspection
The buyer collects the car unless agreed otherwise. The pick-up location must be an address notified by the seller, within the postcode area listed under the car description. If the seller does not specify another specific address within the applicable postcode area, the car will be collected from the seller's address.
Delivery must take place no later than one week after the sale agreement is entered into. The seller is obligated to allow the buyer to collect the car within the stipulated one week deadline. If the parties cannot agree on a pick-up time, the buyer chooses a time within the applicable period, but must give the seller at least 24 hours' notice.
Before making payment, the buyer is entitled to investigate whether the car matches the seller's description and take the car for a short test drive. The seller carries the risk for any damages that occur during the test drive, unless these are due to negligence or breaches of the Road Traffic Act on the part of the buyer.
If the buyer discovers inconsistencies between the car and the seller's description of the car, the buyer is entitled to a reasonable reduction in the price or, alternatively, to cancel the sale all together.
Before making payment, the buyer is entitled to ensure that the car's chassis number and registration number (where applicable) match the V5 registration document.
The buyer must be given the car's V5 owner change slip together with the car.
During registration for the auction, the seller has the option to offer to deliver the car to the buyer at another location, instead of it being collected from the seller's address. This location can be the buyer's address within UK, wherever this might be, excluding islands not connected via bridges or one or more specific geographic areas. If the seller chooses this option, it replaces the "collection" mentioned in the provisions above; such that the "postcode area" is replaced by the region the seller has offered to deliver within. Regardless of whether the seller chooses this option, the buyer is always entitled to collect the car from the seller's address, should he so prefer.
Payment for the car
The buyer must pay the purchase price at the time of delivery, in exchange for the seller handing over the car, the V5 owner change slip, and any other papers that belong with the car.
The buyer must pay in cash or with a cheque.
If one party so requests, the other party is obligated to provide a receipt for the transaction (for the car, etc., or the payment received).
Disputes between the buyer and seller
The relationship between the seller and the buyer is subject to UK law.
In the event of a dispute between the buyer and seller which cannot be resolved amicably, the parties are encouraged to seek assistance from a lawyer. Both parties should not be represented by the same lawyer.
Printing and typing errors
Carsinauction.com accepts no liability for printing and typing errors.