Terms & conditions
IMPORTANT This is a legal agreement between Rybrook Cars Limited (company registration number 2268089) and the user (“you” or “your”) of the used vehicle auction website at dev.dealerpx.com (“Website”). Please read the following terms and conditions carefully.
1.1 The Website is operated by Rybrook Cars Limited (company registration number 2268089) whose registered office is at 6 Athena Court, Athena Drive, Warwick, Warwickshire CV34 6RT (“the Company”).
1.3 If you do not register and agree to these Terms you may not access or otherwise use the Website.
1.4 If you have not registered to use the Website and you have read, understood and accepted these Terms, http://bit.ly/JlY3SV where you will be asked to confirm you accept these Terms.
2. STATUS OF THESE TERMS
2.1 From time to time the Company may modify these Terms. We will not notify you of changes to these Terms but will post the updated terms (which may be a URL link to the updated terms) on the Website.
2.2 You agree to be bound by the new Terms from the date they are posted on the Website and your continued use of the Website shall be deemed acceptance of the changes. Accordingly please continue to review these Terms whenever accessing or using the Website and in particular prior to submitting bids though the Website’s auction facility. These Terms apply to all parts of the Website to which you may have access from time to time.
3. YOUR OBLIGATIONS
3.1 You agree to provide further information (including references) if required in relation to your registration. The Company reserves the right to block your access to use the Website if there are reasonable grounds for suspecting you do not fulfil the criteria for membership of the Website or have otherwise breached these Terms.
3.2 It is your responsibility to notify the Company immediately if any of your registration details change by notifying us by email
3.3 You are responsible for the accuracy of any details provided and are responsible for keeping these details updated.
3.4 On registration you will be asked to select a user name and password.
3.5 You are responsible for the use and security of your password and ID log-in and for ensuring full compliance with these Terms.
3.6 You are responsible for keeping your password and ID log-in code confidential and must notify the Company by email immediately if you suspect unauthorised use by a third party.
3.7 In the event of a security breach, you will be required to change your ID and password which you must do immediately.
3.8 You are responsible for all costs and charges incurred in accessing the Website (including without limitation internet and telecommunication charges) and for maintaining any equipment required to access the Website
3.9 You will only use the Website for proper and lawful purposes which, for the avoidance of doubt, shall mean bidding for Vehicles (see 4.1 below) listed on the Website from time to time.
3.10 You shall not allow authorised individuals to access the Website for any improper or unlawful purposes and you are not permitted to transfer your password to another person or entity.
3.11 By accepting these terms and conditions you are confirming that you can lawfully enter into and form contracts under applicable law and that you shall not permit any person under the age of 18 to take part in any auction on the Website..
3.12 You will use your best endeavours to scan or remove any virus or any other contamination or destructive features before submitting any information to the Company or the Website.
4. BIDDING PROCESS
4.1 “Vehicles” means any vehicles available as part of an auction on the Website.
4.2 Full instructions on how to bid for Vehicles and details of the expiry date and time for each auction will be posted on the Website but all bids and transactions will be subject to these Terms. Bids should be made on a VAT inclusive basis.
4.3 From time to time the Company may place Vehicles on the Website for auction. A listing by the Company does not constitute an offer and such Vehicles may be withdrawn or the listing may be revised at anytime prior to the End Date (defined at paragraph 4.10).
4.4 A bid will be deemed to have been placed when such bid is received by the Company’s server. A bid is not yet placed when such bid is sent by your server.
4.5 A bid may not be withdrawn after it is placed.
4.6 Each placement of a bid will constitute a legal offer which, on acceptance by the Company will form an agreement which will be legally binding on the bidder.
4.7 From time to time the Company may allocate a minimum VAT inclusive price in respect of Vehicles (“Reserve Price”)
4.8 No bid will be accepted for a Vehicle which is less than the sum specified by the Company as a Reserve Price in relation to that Vehicle. A bid cannot be deemed to have been accepted until an invoice is produced.
4.9 To be the winning bid, the bid must be the highest bid of the auction received by the End Date (see paragraph 4.10 below) and must meet any other conditions which may be specific to each auction. If additional conditions apply, they will be published alongside the description of the Vehicles prior to the commencement of each auction.
4.10 The Company will allocate and publish on the Website a specific time and date for each Vehicle at which point further bids will not be accepted (“End Date”). When the auction closes if you have the winning bid, the agreement for the purchase of the Vehicle becomes binding on you and title will pass on receipt by the Company of cleared funds in respect of it.
4.11 The Company reserves the right to refuse or remove bids and/or suspend, cancel or extend auctions at its absolute discretion, including where there are or have been obvious typographical or arithmetical inaccuracies.
4.12 All bids will remain valid until payment for the Vehicle has been received. If your bid is followed by a higher bid which is later removed by the Company for any reason, it will be open to the Company to accept your bid, as though the higher bid had never been made.
4.13 Further to clause 4.11 above, if the auction is cancelled for any reason and subsequently re-activated, all previous bids will lapse and bidding will recommence.
4.14 If your bid is successful, the Company will confirm this by email or telephone together with dates and time for collection of the Vehicles, and shall forward you an invoice and payment details.
4.15 The Company will not become involved in any disputes between bidders.
4.16 All auction details including without limitation details of bidders, bidding progress, amounts and numbers will be retained for 12 months.
5.1 All Vehicles must be paid for in cleared funds in pounds sterling within 72 hours by; bank transfer or debit card as set out in the Company’s invoice.
5.2 Time for payment is of the essence and where payment is overdue, the Company reserves the right to:
5.2.1 charge interest on late payments at an annual rate of 2% above the base lending rate of Barclays Bank (from time to time); and/or
5.2.2 treat the bid as having lapsed and offer the Vehicles to other parties.
5.3 You agree to pay all taxes which may arise out of the sale.
5.4 You shall have no right to set off amounts owed to you by the Company to pay for the Vehicles.
5.5 You are responsible for:
5.5.1 complying with all legal requirements in relation to use and maintenance of the Vehicles;
5.5.2 ensuring that the Vehicle is safe and obtaining all certificates, permits or other authorisations necessary before the Vehicle can be used on any road or elsewhere; and
5.5.3 payment of all taxes (if any) arising with the supply of the Vehicle.
6.1 You shall at your own expense collect the Vehicles purchased but not before payment in cleared funds has been received by the Company in accordance with the payment terms herein together with the terms on the Company’s invoice.
6.2 You shall be responsible for any removal and storage charges on any Vehicles not collected within five working days after the day of purchase. Once payment is received, title and risk in the Vehicles passes to you.
7.1 Nothing in these Terms shall operate to exclude or restrict either party’s liability for:
7.1.1 death or personal injury resulting from negligence;
7.1.2 breach of the obligations arising from section 12 of the Sale of Goods Act 1979; or
7.1.3 fraudulent misrepresentation.
7.2 You acknowledge that you have not relied upon any representation made to you by the Company , its employees or agents in relation to the Vehicles unless such representation has been confirmed in writing prior to auction.
7.3 The Vehicles are previously owned vehicles and are sold as seen. All vehicles are sold with all (if any) faults and imperfections and errors of description. Buyers should satisfy themselves prior to sale as to the origin, description, suitability, age, durability, completeness, operability, state and condition of the Vehicles and should exercise and rely on their own judgment as to whether the Vehicles accord with any description. None of the photographs or illustrations of Vehicles available should be relied upon to give an accurate or full depiction of the state or condition of the Vehicles. ACCORDINGLY, ALL CONDITIONS AND WARRANTIES IMPLIED BY LAW, TRADE, CUSTOM OR PRACTICE ARE HEREBY EXCLUDED SUBJECT TO CLAUSE 7.1 ABOVE AND EXCEPT TO THE EXTENT THAT SUCH EXCLUSION IS OTHERWISE PROHIBITED BY ANY LAW.
8.1 You agree that should any liability to you arise against the Company under these Terms, your sole remedy in respect of any claim in relation to the Vehicles, however such claim arises, shall in all cases be limited to the price paid for the Vehicles, and shall only be available if the Vehicles have not been reused.
8.2 The Company shall not in any circumstances be liable for any indirect special or consequential loss or damage or any loss of profits, loss of data, business opportunities, or damage to goodwill (whether such losses are direct or indirect).
9. INTELLECTUAL PROPERTY, LICENCES AND DOWNLOAD RIGHTS
9.1 The Website (including but not limited to text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, trademarks, service marks, and other material and other content) is protected by copyright, database rights, trademarks and/or other similar intellectual property rights, the ownership of which resides with the Company , which is either owned by the Company or licensed to it by third parties.
9.2 You will not acquire any rights or licences in or to the Website or any other content other than the limited rights to use the Website in accordance with these Terms.
9.3 You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, download, to create derivative work from transmitted communication or any other way to exploit any part of the Website and/or the content.
9.4 Downloading the content is permitted by the Company provided that:
9.4.1 You make no more than one printed copy of such download and no further copies are made.
9.5 You agree that the Company may use copy, reproduce, distribute, adopt, load, execute, store, transmit, communicate, display, maintain, enhance any data you provide to it subject to compliance with fair collection notices and with the Data Protection Act 1998 generally.
10. WARRANTY IN RESPECT OF WEBSITE CONTENT
10.1 The Website and the content are provided on an “as is” and “as available” basis, accordingly, the Company reserves the right to: modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that the Company shall not be liable to you or any third party for any modification to or withdrawal of the Website.
10.2 Subject to the provisions of these Terms in relation to the purchase of Vehicles:
10.2.1 The Company does not guarantee or give any warranty as to the accuracy, timelessness or completeness of any information or material on the Website to the extent that the Company is permitted by law;
10.2.2 The Company excludes any liability whether in contract tort (negligence) or otherwise for any incorrect or misleading information on the Website except as set out in these Terms;
10.2.3 The Company should not be liable to you or any third party resulting from any unauthorised access to the Website;
10.2.4 The Company will not be liable to you or any third party resulting from your failure to keep password or secure information secret;
10.2.5 The Company does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free from errors, viruses, worms or Trojan horses and the Company is not liable for any damage you may suffer as a result of such destructive features;
10.2.6 The Company shall not be held responsible for content provided by third parties or for the content of or use of third party sites to which there is a link in the Website; and
10.2.7 The Company is not responsible for the reliability or continued availability of the telephone lines or equipment you use to access the Website.
10.2.8 The Company does not give any warranty in respect of the state, condition or quality of the Vehicles.
11. DATA AND PRIVACY
12. CHANGES TO THE WEBSITE
12.1 You accept that the Company has the right to change the content or technical specifications of any aspect of the Website at any time at the Company’s sole discretion.
12.2 You further accept that such changes may result in you being unable to access the Website.
12.3 The Company may have to suspend the operation of the Website from time to time to carry out maintenance and make upgrades.
13. NO ASSIGNMENT
13.1 You may not assign your rights or delegate your duties under these Terms.
13.2 The Company may assign its rights or delegate its duties under these Terms without prior notice to you.
14.1 No agency, partnership, joint venture or employee/employer relationship is intended or created by these Terms.
15.1 Any notice shall be given by email to the email address provided on the registration form or such other address as is provided by you to the Company
15.2 Notice shall be deemed to have been given 48 hours after sending of the email unless the sender receives a response indicating that the message was undeliverable.
16.1 No waiver by the Company or of any breach or any obligation arising under these Terms shall constitute a waiver of any breach and no failure by the Company to exercise any remedy shall constitute a waiver of the rights subsequent to the exercise of any other remedy.
17.1 If any part of these Terms is held to be invalid void or unenforceable the parties agree that the remaining portions will not be affected and that the portion in question may be replaced by the lawful portion that most embodies the other intention of the parties and the remainder of these Terms will in any event remain valid and enforceable.
18.1 No variation or alteration of any of these Terms shall be effective unless it is in writing and signed by or on behalf of each party.
19. FORCE MAJEURE
19.1 “Force Majeure Event” means any circumstance beyond the control of the Company including, but not limited to acts of God, fire, explosion, adverse weather conditions, flood, earthquake, terrorism, riot, civil commotion, war, hostilities, strikes, work stoppages, slow-downs or other industrial disputes, accidents, riots or civil disturbances, acts of government, lack of power and delays by suppliers or materials shortages.
19.2 The Company shall have no liability for any delay or failure to carry out any of the Company ‘s obligations under these Terms where a Force Majeure Event has occurred.
19.3 Nothing shall excuse you from any payment obligations under these Terms.
20. GOVERNING LAW AND
20.1 These Terms shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the English Courts.
21. THIRD PARTY RIGHTS
21.1 A person who is not party to these Terms shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any part of these Terms. This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
22. ENTIRE AGREEMENT
22.1 These Terms, together with the documents referred to in it, constitute the entire agreement and understanding between the parties in respect of the matters dealt with in them and supersede any previous agreement between the parties or any of them relating to such matters.
22.2 You acknowledge that by agreeing to these Terms, and any of the documents referred to in it, that you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) other than as expressly set out in these Terms as a warranty. The only remedy available to either party in respect of any such statement, representation, warranty or understanding shall be for breach of contract.
23.3 The Company complies with the requirements and is notified under the Data Protection Act 1998 (as amended). The Company confirms that any personal details which you provide to us or which are available to public registers from which the Company can identify you are held in accordance with the Company’s data protection policy.
23.5 When you visit certain areas of the Website, the Company may ask you for information about yourself. The Company will want to know your name, company name, company address, job-function, telephone number, email address, Fax Number and any other business information. The Company will not collect any information about you without your consent. This information will be used only for the following purposes:
23.5.1 processing any transactions;
23.5.2 for statistical purposes to improve the Website and services to you;
23.5.3 to administer the Website and to notify you of products or special offers.
23.6 You agree by ticking the box on the registration form that you do not object to the Company contacting you for any of the above purposes whether by telephone email or in writing.
23.7 In the event that you do not wish to receive promotional emails from the Company , please notify us by email stating that you no longer wish to receive promotional emails.
23.8 The Company will not release any personal data to unauthorised third parties without your consent.
23.9 Your details will be disclosed to the Company’s associated companies. By registering on the Website you consent to the Company passing on such details. The information is kept on a secure server protected from unauthorised third parties.
23.10 Access to the Company’s service is password protected and behind a strong fire wall. Financial information, if stored, will be stored separately from any other information.
23.11 The Company will take reasonable precautions to prevent the loss, misuse or alterations of information you give to the Company. The Company’s agents or contractors who have access to the information given to the Company in the course of providing services are required to keep the information confidential and not permitted to use it for any purposes other than carrying out the services, which they are performing for the Company.
23.12 If you have given the Company information about yourself and would like copies of the information held please submit a request via email.
23.13 From time to time the Company may collect information about you which does not identify you personally. This type of information may include the type of internet browser or computer operating system which you are using and the domain name of the Website from which you are linked to the Website or advertisement.
23.14 When you view the Website or any advertisements the Company may store some information on your computer. This information will be in the form of a Cookie or similar file and will help the Company tailor the Website or advertisement to match your interest and preferences better.
23.15 Most internet browsers enable you to erase Cookies or receive a warning before a Cookie is stored. Please refer to your browser instructions to learn more about these functions.
23.16 You acknowledge and agree that no system or technique can guarantee the security of the information held on the Website because the Website is accessible via the internet which is a public network.
23.17 The Company shall not be liable to you as a result of unauthorised access to the Website. The nature of the internet means that your visit will result in a transfer of information across international boundaries including countries whose data protection laws may be less stringent than in the European economic area. By visiting the Website and communicating electronically with the Company you consent to such transfers.
23.18 You should be aware that if the Company is requested by the Police or any regulatory or government authority for information concerning your activities whilst using the Website the Company will comply with such request without notice to you.
24. THIRD PARTY LINKS
24.1 To provide increased value to the Company’s Website Users, the Company may provide (hypertext) links to other websites or resources for you to access at your sole discretion. The inclusion of a link does not imply that we endorse or have approved the linked site.You acknowledge and agree that, as you have chosen to enter the linked website the Company is not responsible for the availability of such external sites or resources, and does not review or endorse and is not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
25. ACCESS TO WEBSITE
25.1 The Company may block your access to the Website at any time.