Terms of use

This is a legal agreement between Remarq Ltd. and the user (“you” or “your”) for the use of this Web Site (TradeSales.com).
You must read these terms and conditions carefully.
Your use of the Web Site will be subject to these terms and conditions.

General

We may, at any time:

  • Modify these terms and conditions.
  • Change or remove any content or feature of the website.
  • Adjust any fees or charges linked to the site.

About us

TradeSales.com is a product of Remarq Ltd., a UK company. Its company registration number is 13633299, and its VAT number is 354784466.

Use of the Web Site

You must be over 18 years old to use TradeSales.com. You agree to follow all applicable laws, statutes, and regulations when using this website.

Restrictions on Use

You agree not to:

  • Reverse-engineer or decompile any software on the website (unless allowed by law).
  • Disclose, publish, or transfer any website content or information you learn while using it.
  • Give or arrange access to the website for anyone else.
  • Remove or obscure any product identification or proprietary notices on the website.
  • Remove any copyright or trademark notices in materials on the website.
  • Make copies or modify any part of the website or its materials.

Unlawful or Improper Use

You must use the website only for lawful purposes. Therefore, you must not:

  • Publish, post, or distribute content that is obscene, threatening, offensive, racist, or defamatory.
  • Upload files containing software that breaches intellectual property rights or confidentiality.
  • Download files posted by another user if you know or should know they are not intended for copying.
  • Harass, stalk, threaten, or violate the rights of others.
  • Hack into the website, deliver viruses, or act in ways that prevent others from using it.

We do not have an obligation to monitor user activity. However, we may disclose any information required by law, remove or refuse to post any information, or act to prevent breaches of these terms.

Rights

Remarq Ltd. owns the website, including the software operating it. You do not gain any rights or interests in this software or content beyond what these terms allow. If you discover unauthorized access, use, or copying, please notify us immediately.

Operation of the Services and Web Site

  • We may change the website format at any time.
  • We may suspend the website for maintenance or to update its content and features.
  • If you experience an error with your username or password, stop using them, exit the site, and notify us immediately.
  • You are responsible for obtaining and updating your web browser and paying any internet connection fees.
  • We may approve or reject users at our discretion without providing a reason.
  • You must follow any instructions we give you regarding website use.

Relationship

These terms do not create a partnership, agency, or joint venture. Remarq Ltd. provides a trading platform and is not party to any contract for the sale or purchase of goods. We are not liable for any representation made on the website by its users.

Disclaimer and Limitations of Liability

Scope of Liability

We do not exclude or limit liability for death or personal injury caused by our negligence, or for any other liability that the law does not permit us to exclude. However, beyond that, we will not be liable for any:

  • Loss of profits, sales, or revenue.
  • Loss of software or data.
  • Loss of bargain or opportunity.
  • Loss of use of computer equipment or data.
  • Wasted management or staff time.
  • Indirect or special loss.

Liability Limits and Indemnity

Our total liability to you, whether in contract, tort, or otherwise, is limited to the amount you paid for our services in the past 12 months. You agree to indemnify us against any loss resulting from unauthorized use of the site or disclosure of your password. You also agree to indemnify us for any breach of these terms.

We provide the website and services “as is” without any guarantee of accuracy, quality, or completeness of the information. Therefore, we will not be liable for actions you take based on content found on or linked from our site. We do not guarantee the security of any information you supply. You use the site, including your username and password, at your own risk. We do not guarantee uninterrupted or error-free performance.

Payment Enquiries

You may make payment enquiries by telephone, email, or post. We aim to respond within 48 hours.

Password

When you register, we deliver your username and password by a reasonable method. You must keep them confidential at all times. If someone else uses your username or password and breaches these terms, we will treat the breach as if you committed it. You must inform us immediately if your password becomes known to an unauthorized person. Only use your username and password to access our services. Please update us if your registration details change.

Website access

By using this site, you allow Remarq Ltd. to automatically read publicly accessible sections of your website. This process helps us identify vehicles for sale and improve our service. We may then use details, photos, and descriptions from your site to create adverts on TradeSales.com.

Liability

Vehicle Condition

The goods sold on the website are used vehicles, offered “as seen.” Buyers must confirm the description, suitability, and condition of the vehicle before bidding. Photos or illustrations do not always show the vehicle’s exact condition. We exclude all implied conditions and warranties, except to the extent prohibited by law.

Seller Responsibilities

Sellers accept liability for any information or photos they upload. They agree to indemnify Remarq Ltd. for any loss caused by false or misleading content. They also agree to indemnify us if a buyer or third party files a claim regarding roadworthiness or safety. If a fault leads to an accident claim, the seller is the responsible party, not Remarq Ltd.

Remarq Ltd. Role

We will not be liable for indirect or special loss, including lost profits or business. We act only as an auctioneer and do not provide any warranties on goods or services.

Advertising

If you advertise vehicles (“Goods”) for sale:

  • You confirm you own or have the rights to use the images and text you upload.
  • You confirm you own the goods or have authority from the owner to sell them.
  • You promise your description is accurate, and you indemnify us against any claims relating to its accuracy.

Auction Bidding

Bidding Rules

Once you place a bid, you cannot withdraw it. If a bid arrives in the final minute of an auction, we extend the auction by one minute to allow more bidding. The highest bid at the end wins. If the reserve price is not met, the selling dealer has 24 hours to accept the highest bid.

Completing the Purchase

When the auction ends, the purchase agreement becomes binding. You must pay for the vehicle in cleared funds and collect it within 72 hours, unless you and the seller agree otherwise. Title passes to you once the seller receives cleared funds. You can only collect the vehicle after the seller confirms receipt of payment. Collection costs are your responsibility.

Remarq Ltd. Bidding Rights

We may refuse or remove bids, or suspend, cancel, or extend auctions at our discretion. We do not have an obligation to help resolve any disputes between sellers and bidders. We will place “proxy bids” on your behalf, in increments of £100, up to your maximum bid.

Governing Law and Jurisdiction

English law governs these terms, and you agree to the exclusive jurisdiction of the English courts for any dispute. Our site is controlled from the UK, and we do not claim that its content is suitable elsewhere. You are responsible for following local laws if you access the site from outside the UK.

These terms and conditions shall be governed by and interpreted in accordance with the laws of England and you consent to the exclusive jurisdiction of the English Courts in all disputes arising out of or relating to the use of this Web Site. The Web Site is operated and controlled by Remarq Ltd. from its offices in the United Kingdom. Remarq Ltd makes no representation that information or material contained at its Web Site is appropriate for use in other jurisdictions. Users who access the web site from other jurisdictions do so at their own initiative and are responsible for compliance with any local laws. You agree that Remarq Ltd may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving User notice. Remarq Ltd may delay enforcing their rights under these terms and conditions without losing them. If any provision of these terms and conditions is found to be unenforceable this shall not affect the validity of any other provision. Remarq Ltd may amend, vary or supplement these terms and conditions at any time. Remarq Ltd will post a notice of any such amendments on the Web Site and such amended terms will automatically be effective. These terms and conditions (as varied from time to time) form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter.