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 reserve the right at any time to:

Change the terms and conditions of this Agreement;
Change the Site, including eliminating or discontinuing any content on or feature of the Web Site
Change any fees or charges for using the Web Site.

About us

TradeSales.com is a product of Remarq Ltd, a UK company. Company registration number: 13633299. Vat No. 354784466

Use of the Web Site

Users must be over 18 years of age to use the Web Site.
The User agrees to comply with all applicable law, statutes and regulations in connection with the use of the Web Site.

Restrictions on Use

As a condition of your use of this Web Site you agree that you will not:

Reverse engineer or decompile (whether in whole or in part) any software available through the Web Site (save to the extent expressly permitted by applicable law);
Disclose, publish, transfer or otherwise make available any of the contents of the Web Site or information learned by you whilst using the Web Site;
Provide to or arrange to permit to any other person, access to the Web Site;
Remove, change or obscure any product identification or notices of proprietary rights or any restriction on the Web Site;
Remove any copyright, trade mark or other intellectual property right notices contained in material on the Web Site;
Make copies, modify or alter (including the creation of HTML links to or from the Web Site) all or any part of the Web Site or any materials contained on the Web Site.

Unlawful or Improper Use

User must use the Web Site only for lawful purposes. Users must not:

Publish, post, upload, distribute, disseminate or otherwise transmit, information or pictures that are obscene or pornographic, threatening, menacing, racist, offensive, defamatory, libellous, or are alleged to be, or are in the opinion of Remarq Ltd., thought to be slanderous or are otherwise unlawful;
Upload files that contain software or other materials in breach of any intellectual property rights or in breach of confidence;
Download any file of materials posted by another user that you know, or reasonably should know cannot be copied or otherwise used;
Harass, stalk, threaten or otherwise violate the rights of others;
Hack into, deliver viruses or engage in any other behaviour intended to inhibit any other user from using and enjoying the Web Site that is otherwise likely to damage or destroy the reputation of the Web Site;
Remarq Ltd accepts no obligation to monitor the use of the Web Site by the users. Remarq Ltd reserves the right to disclose any information as required by law or regulations to remove, refuse to post or to edit any information or materials and to take such other action as may be reasonably necessary to prevent any breach of these terms occurring.

Rights

The Web Site (including the software used to operate it) is owned by Remarq Ltd. The User is not granted any right or interest in these except as stated in these terms.

The User shall notify Remarq Ltd. immediately if the User becomes aware of any such unauthorised access, use or copying by any person.

Operation of the Services and Web Site

Remarq Ltd may change the format of the Web Site at its sole discretion from time to time.
Remarq Ltd. may, from time to time suspend the operation of the Web Site for repair or maintenance work, or in order to update or upgrade the contents or functionality of the Web Site.
In the event of any failure or error in the operation of the username or password, the User shall cease using the username and/or password and exit the Web Site immediately, and notify Remarq Ltd. of such failure or error.
The User is responsible for obtaining and updating its own web browser, and for all amounts payable in respect of connection to the internet including any telecommunications charges for time spent online in respect of use of the Web Site.
Remarq Ltd. reserves the right to approve all users prior to giving them access to the Web Site and may in its sole discretion accept or reject any user without giving reasons.
User will comply with all directions and instructions given by Remarq Ltd. in relation to the use of and access to the Web Site and Services.

Relationship

No partnership, agency, joint venture relationship is intended or created by these Terms.
You agree that Remarq Ltd. provides a Goods trading website and shall in no way be party to the contract for the sale or purchase of the Goods by any member. Remarq Ltd. shall under no circumstances be liable for any representation made on the Website.

Disclaimer and Limitations of Liability

Remarq Ltd. does not exclude or limit liability for death or personal injury resulting from its negligence or any other liability which may not by applicable law be excluded or limited.
Subject to Disclaimer(1), in no event shall Remarq Ltd. be liable (whether for breach of contract, negligence or for any other reason) for any loss of profits, loss of sales, loss of revenue, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, consequential or special loss (howsoever arising).
Subject to Disclaimer(1) + Disclaimer(2) above Remarq Ltd.’s liability to user whether in contract, tort or howsoever arising is limited to the amount paid by the user in respect of the services in the previous 12 months.
The user shall indemnify Remarq Ltd. and keep Remarq Ltd at all times indemnified against any loss or damage arising from unauthorised use of the web site or disclosure of the password or username and from all actions, proceedings, claims, demands, costs (including legal costs), awards and damages howsoever arising, directly or indirectly as a result of any breach or non-performance by the user of any of its obligations under these terms and conditions.
Remarq Ltd. supplies the Web Site and the Services “as is” and, to the extent permitted by law, makes no representation or warranty (express or implied) about the accuracy, quality or completeness of any information or materials made available on the Services or the Web Site or third party web sites linked from the Web Site. Remarq Ltd shall not be liable for any action taken by a User as a result of relying on any information provided in the Web Site or the Services or third party web sites or for any loss or damage suffered by a User as a result of a User taking such action.
Remarq Ltd. does not accept responsibility for the security or content of any information which users supply through the Web Site and will not be liable for the content of any communication or messages received by User from other users.
The User is solely responsible for its use of the Web Site, username, password and any information made available on the Web Site from time to time and for any consequences or effects (whether direct or indirect) of such use.
Remarq Ltd. does not warrant that the Web Site will be uninterrupted or error or defect free.

Payment Enquiries

Payment enquiries can by made by telephone, email or post. Customers can expect a response to email and telephone enquiries within a maximum of 48 hours.

Password

Following registration by the User, Remarq Ltd. will deliver the username and password to the User. Delivery may be by any reasonable means (including electronic or postal delivery).
The User shall keep the username and password confidential at all times. Any breach of these terms and conditions by anyone to whom the User discloses the password will be treated as if the breach had been committed by the User, and will not relieve the User of its obligations under these terms and conditions.

The User shall take appropriate security measures to prevent unauthorised disclosure of the username and password and will notify Remarq Ltd. immediately if the password becomes known to any unauthorised user.

The User will use the username and password only for access to the Services;

The User will notify Remarq Ltd. of any changes to its registration details.

Website access

By using this site customers give prior permission for Remarq Ltd. to automatedly read publicly accessible sections of the customers website for the purpose of identifying vehicles for sale. In doing so Remarq is able to improve the quality of its service to customers by enabling the use of advert details, photos and description taken from their website when creating their adverts on TradeSales.com.

Liability

You agree that the Goods are previously owned vehicles and are sold as seen. Buyers should satisfy themselves prior to bidding as to the description, suitability and condition of the Goods. None of the photographs or illustrations of Goods available should be relied upon to give an accurate or full depiction of the state or condition of the Goods. Accordingly, all conditions and warranties implied by law, trade, custom or practice are hereby excluded and except to the extent that such exclusion is otherwise prohibited by any law.
The Seller hereby agrees that he is liable for all information (including photos) that he uploads/provides to the Website including but not limited to any false or misleading information or photos.
The Seller agrees to indemnify Remarq Ltd. against all claims, losses, damages, legal fees and consequential loss as a result of the information it provides or uploads to the Website.
The Seller agrees to indemnify Remarq Ltd. against all claims, losses, damages, legal fees and consequential loss made by the Buyer or any third party in respect of the vehicles road worthiness and safety.
The Buyer acknowledges and agrees that in the event of an accident caused by a fault with the car which results in a claim being made, the Seller is the correct defendant in this matter and not Remarq Ltd.
Remarq Ltd. shall not in any circumstances be liable for any indirect special or consequential loss or damage or any loss of profits, business opportunities, or damage to goodwill (whether such losses are direct or indirect) to either party.
All the parties agree that Remarq Ltd. is acting solely as auctioneer and shall not be liable and shall not be deemed to have given any warranties in respect of the Goods or services supplied hereto.

Advertising

As a User that wishes that wishes to advertise vehicles (“Goods”) for sale on the Website:

You agree that you are the owner or have the right to use the pictures and text used to advertise the Goods and that in uploading this to the website you are providing us with a licence to use the same.
You are the owner of the Goods or have the authority from the owner to sell the Goods in accordance with section 12 of the Sale of Goods Act 1979.
You agree that the description of the Goods uploaded by you to the Website accurately describe the Goods and you agree to indemnify Remarq Ltd. against all claims, losses, damages in respect of the description of the Goods.

Auction Bidding

After a bid has been placed you may not withdraw it for any reason.
In the event of a bid being received in the final minute of the auction, a further minute will be added to the end of the auction to allow for subsequent bids.
To be the winning bidder, your bid must be the highest bid at the end of the auction.
If the reserve price for the auction is not met, the selling dealer has 24 hours to accept your highest bid as the winning bid.
When the auction ends, the agreement for the purchase of the vehicle becomes binding.
The vehicle must be paid for in cleared funds by agreement of the seller and collected within 72 hours of the auction ending.
Title for the vehicle passes to the winning bidder on receipt of cleared funds.
The vehicle may only be collected after the seller is in receipt cleared funds.
Collection of the vehicle is at the winning bidders expense.
Remarq Ltd. reserves the right to refuse or remove bids and/or suspend, cancel or extend auctions at its absolute discretion.
Remarq Ltd. is not obliged to assist in any disputes between Seller and Bidders.
Remarq Ltd. will bid on a vehicle on your behalf up to your maximum bid in £100 increments. This is sometimes referred to as “Proxy bidding”.
If your maximum bid placed exceeds the reserve price, the system will only take the reserve price. As subsequent bids are placed, “Proxy Bids” will then be placed on your behalf up to your maximum bid.

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.