Online auction room rules
The following describes the terms on which Dealer Bikes Ltd (Dealer Bikes) Dealer Bikes offers you access to our services. These terms are effective from 28 January 2013 for Current Users and upon acceptance by New Users. These terms and conditions apply to the services available from the domain and sub-domains of www.dealerbikes.com and from any other Dealer Bikes branded websites provided for UK users. By using the services on Dealer Bikes websites you are agreeing to these terms and conditions and before you may become a member of Dealer Bikes, you must read and accept all of the terms and conditions in these terms and conditions. We strongly recommend that you read these terms and conditional carefully and by accepting these terms you also agree that your use of Dealer Bikes branded websites may be governed by separate terms and conditions and privacy policies. These terms and conditions constitute a legally binding agreement between you and Dealer Bikes.
1 Our auction service
Our website facilitates an exciting and convenient way to buy and sell goods over the Internet and is operated by Dealer Bikes. We provide an online auction facility vehicle through which traders can sell and customers can buy products (‘the Services’). It is important that you read and understand these terms before using the Services. By accessing or using the Services, you agree to be legally bound by these terms, as they may be modified from time to time.
We reserve the right to change these terms at any time. Amendments will take effect when posted on our website. However, the terms current as at the start of a particular transaction will apply until that transaction is completed.
2 Our role
Our site is a place for sellers to auction and sell goods and for customers to bid for and buy them. We do not have and never intend to have any contractual involvement in your transactions and at no stage auction, buy or sell or purport to auction, buy or sell any of the products displayed on our site. Any disputes between buyers and sellers are just that: we will not become involved. You must therefore take the utmost care to screen the parties with whom you deal. We will not screen the parties or goods on your behalf and this is a feature of the relationship between you and us that you willingly accept.
3 Registration and qualification to use the Services
3.1 You are required to register with us by completing the registration form on our home page and submitting it to us. Only adults (that is, those aged 18 years and over) are entitled to enter into legally binding contracts and as a result only adults are entitled to use the Services. Any individuals who are unable to form legally binding contracts are prohibited from using the Services. By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or older and capable of forming a legally binding contract.
3.2 On occasions certain individuals and members will be refused access to the Services. Such suspensions shall be within our sole discretion.
3.3 All Users of the Services must not be acting as a consumer and must be in the business of the motorcycle trade and your use of the Services as either Buyer or Seller of Listed Items must be in your capacity as a business engaged in the motorcycle trade.
4 Information you provide
4.1 You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use any information you provide to us or other users of our services, for example during the registration, listing or bidding process.
4.2 Such information shall be legal, decent, honest and truthful, shall not infringe any third party’s rights, shall not contain any viruses or other malicious computer programming routines and shall not link to any other websites. Without limiting the above, all information you provide shall be accurate and complete and all registration details shall contain your correct name, address, company details, registration number and VAT number and other requested details.
5.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of any email verification number and password which may be given to or selected by you for use on our site. You may not share these with or transfer them to any third parties. You must immediately notify us of any unauthorised use of them or any other breach of security regarding the Services.
5.2 We use third party services to secure and protect your credit card information and assist your shopping experience. However, any losses incurred or sustained by you in transmitting information shall be borne solely and exclusively by you and in no event shall any such losses in whole or in part be borne by us. If you are using a public computer, you must sign out when you have finished shopping.
6 Availability of site
6.1 While we will use all reasonable endeavours to make our Services and website available, we cannot guarantee that they will operate continuously or without interruptions. This could affect bidding or other aspects of an auction or sale.
6.2 We cannot guarantee secure access to our services and operation of our sites may be interfered with by numerous factors outside of control. We do not give any promises or warranties (whether expressed or implied) about the availability of our Services
7 General rules governing bidding and buying
7.1 To use and rely on the Services we provide, all participants must understand their obligations to other users of our Services. If you are the highest bidder after an auction has closed and the seller accepts your bid, you must complete the transaction. Once you have chosen a product Dealer Bikes will put you in touch with the Seller of the product and you must complete the transaction.
7.2 Sellers are entitled to set applicable minimum bid, or reserve, or offer price requirements, but once the Seller has put forward a minimum price, reserve or offer price the Seller is not entitled to change the minimum bid or reserve requirements during that auction period. You may not retract a bid except in exceptional circumstances, for example where the seller has materially changed the description.
7.3 Your placing of a bid entitles us and any seller to rely on your bid and as a result you warrant and undertake that you have the legal right to make such a bid and to enter into any such transaction.
7.4 If you bid for an item on our site, you acknowledge and agree that if you have placed the highest bid at or above any reserve price, you have entered into a contract with the Seller to buy the item. You can only terminate that contract in limited circumstances set out in law, for example where the item does not materially comply with the information provided in relation to it or where you cannot identify the seller. Sellers may refuse to accept your order for whatever reason.
7.5 With regard to returns and refunds, please read our Returns Policy. Your acceptance of these terms and conditions entitles us to assume you have read the Returns Policy.
7.6 Please note that copies of the Auctions (Bidding Agreements) Acts 1927 and 1969 are held at our place of business
7.7 Whilst we try to offer reliable data we cannot promise that the contents of the website or any catalogues of stock images, descriptions and product specifications which are provided by third parties, will always be accurate and up to date. You agree you will not hold us responsible for any inaccuracies in such catalogues or descriptions.
8 General rules governing listing and selling
8.1 In relation to all goods you sell or offer for sale through the Services:
8.1.1 you must be the absolute unencumbered legal owner with the right to sell those goods; and
8.1.2 your sale or the use of the goods must not infringe any third party rights or be unlawful in any way and the goods must not be on our current prohibited items list.
8.1.3 Post list or upload content or items in an inappropriate category or areas on our site. Breach any laws, sell any counterfeit items or otherwise infringe a copyright trade mark or other rights of third parties.
8.2 If selling, you must list all of your items in the correct category with accurate and appropriate descriptions and provide such information as we may request (together, ‘the Listing Information’). Once you post the Listing Information, the item becomes ‘a Listed Item’. Once an item becomes a Listed Item, you are making an irrevocable offer to auction or sell.
8.3 Any seller receiving at least one bid at or above any stated applicable minimum or reserve requirement is obliged to complete the transaction with the highest bidder following closure of the auction unless the buyer fails to meet the terms of the listing or the seller is unable to authenticate the identity of the buyer or the buyer does not have sufficient financial capacity.
8.4 A Listed Item will remain listed on the site until:
8.4.1 it is sold; or
8.4.2 the seller-specified listed time expires; or
8.4.3 we receive written notice via fax or email from you that you wish to de-list it.
A Listed Item will be de-listed on receipt by us of written notice via fax or email from you that you wish to de-list it, but we will retain the registration fee paid with respect to the item.
8.5 If you list items for sale at a reserve or minimum price, you have the option to consider bids received below that reserve price.
8.6 You must not contact any buyers directly in a sale of Listed Items whether offered by you or another seller.
8.7 You must not directly or indirectly place bids on Listed Items you offer for sale on our site or manipulate bidding in any other way.
8.8 If you choose to include catalogue content in any of your Listings, you continue to be responsible for ensuring that the Listings are accurate, do not include misleading information, and fully comply with these terms and conditions and any other Dealer Bikes policies we may make from time to time.
8.9 If you are a Seller and are trading as a business on Dealer Bikes, you must comply with all applicable laws relating to online trading, which may include without limitation the Consumer Protection (distance selling) Regulations 2000 or any equivalent legislation in your jurisdiction (the Distance Selling Regulations).
8.10 We will commence supplying our services to you as soon as you accept these terms of conditions and you will not be able to cancel these terms and conditions under the Distance Selling Regulation, once the supply of services has commenced.
8.11 Your “Listing” may not be immediately searchable by keyword or category for several hours and Dealer Bikes cannot guarantee exact listing of durations. Where your Listing appears in search and browse results, this may be based on certain factors including listing format, title, bidding activities, end time, key words, price and postage costs, feedback and detailed seller ratings and Dealer Bikes shall have no liability as to where your Listing ultimately appears in the search and browse results
9.1 Sellers shall pay a sales fee in pound sterling for each Listed Item once the Listed Item is agreed to be bought and sold, all such fees being exclusive of VAT at the relevant rate. We will invoice sellers monthly for commission on all sold Items. All payments must be received by us in pound sterling within 15 days from the date of invoice and we shall be entitled to charge interest on any late payment at a rate of 3% above the HSBC Bank plc base rate until payment is received.
9.2 All buyers must pay sellers for items using such method as nominated by Sellers. However the method of payment shall be left to the discretion of the seller in each case. Payments shall be received in the currency specified on the website and all prices for Listed Items shall include any VAT and other applicable taxes chargeable on the sale, and shall set out any delivery charges and insurance which shall be in addition to the price payable.
9.3 Buyers are responsible for any costs of delivery and any insurance costs.
9.4 Some transactions may involve sellers shipping items to buyers located outside the United Kingdom or outside the territory in which the seller resides. Buyers and sellers alike must observe and comply with all applicable regulations and legislation, including obtaining all necessary cultural or customs permits. Further, the importation and exportation of some items may be prohibited by certain national laws.
9.5 We make no representation and accept no liability whatsoever to any buyer or seller in respect of the issuance or validity of any exportation or importation permits or the existence and exercise of exportation or importation regulations or any compulsory purchasing regimes.
10.2 You may not use our communication tools to send spam or otherwise send content that would breach these terms and conditions. We may automatically scan and manually filter email messages before they are sent via our communication tools for spam virus’s, phishing attacks and other malicious activity or illegal or prohibited contents.
10.3 Our sights and services enable Users to share personal and financial information in order to complete transactions. When users are involved in a transaction they may obtain access to each others name, user ID, email address and other contact information, postal information and financial information. We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and securities policies of your trading partners before entering into transaction and choosing to share your information with them. Similarly we act you to respect other users privacy and disclosure privacy and security policies to them. By law, you must give other users a chance to remove themselves from your data base and a chance to review the information you have collected about them.
10.4 You agree to use information only in accordance with applicable laws and regulations (including without limitation, data protection laws).
11.1 Dealer Bikes has in its sole discretion the right to issue a warning, temporary suspension, or an indefinite limit suspend or terminate our service and user accounts restrict or prohibit access to, and your activities on our sites (including without limitation, cancelling bids and removing listings) delay or remove hosted content, remove any special status associated with the account reduce or eliminate any discounts, and take technical and legal steps to keep you off our sites and termination of your rights to use our Services if you:
11.1.1 act inconsistently and in breach of these terms and conditions;
11.1.2 at any time violate or attempt to violate any rights of any other user of the Services or third party;
11.1.3 are engaged in any fraudulent activity; or
11.1.4 fail to make any payments due to us in accordance with these terms.
11.1.5 improve the security of Dealer Bikes community
11.1.6 or reduce our or users exposures to financial or other liabilities; where an unconfirmed account or enact of account, has remained so for a long time.
11.2 You will compensate us in full (and our offices, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs including reasonable legal fees, we incur arising out of any breach by you of these terms and conditions or your violation of any law or the rights of a third party.
12.1 You agree to comply with all applicable laws, statutes and regulations concerning your use of the Services, generally or otherwise, in the reasonable opinion of Dealer Bikes acting in any way which may bring Dealer Bikes into repute or impact on the good name and reputation of Dealer Bikes.
12.2 Whilst using our services you must ensure that you will not:-
12.2.1 breach our policies including, without limitation any additional terms contained within our list of restrictive services;
12.2.2 where you are the Seller fail to deliver items purchased from you unless the Buyer fails to meet the posted terms, or you cannot authenticate the buyers identity;
12.2.3 where you are the Buyer fail to deliver payment for items purchased by you unless the Seller has materially changed the items description after you bid, a clear typographical error is made or you cannot authenticate the Sellers identity;
12.2.4 manipulate the price of any item or interfere with other users listings, circumvent or manipulate our fee structure, the billing process or any fees owed to Dealer Bikes;
12.2.5 post false inaccurate defamatory misleading or libelous contents;
12.2.6 take any action that may undermine the feedback or rating systems;
12.2.7 transfer Dealer Bikes account and user ID to another party without our consent;
12.2.8 distribute or post spam unsolicited or bulk electronic communications, chain letters or pyramid schemes;
12.2.9 distribute virus’s or any other technologies that may harm Dealer Bikes or the interests or property of Dealer Bikes users;
12.2.10copy modify or distribute rights or content from our site, services or tools or Dealer Bikes’ copyrights and trade marks or ;
12.2.11harvest or otherwise collect information about users including email addresses without their consent.
12.2.12Where you are the Seller fail to disclose any of the issues set out in clause 13.3 to a buyer.
13 General release
13.1 As discussed, we act merely as an introductory service providing a forum allowing sellers and buyers to come together, the former to list and sell items and the latter to bid for them and buy them.
13.2 Therefore we have no control whatsoever over the quality, legality or safety of any advertised items or of any other characteristics upon which a buyer may rely, the accuracy of any of the listings or the capacity of any seller or any buyer to transact. Please do not assume that the offer, sale purchase, export or import of any items is valid and legal simply because it is listed on one of our sites. We do not review Listings and are not involved in the actual transaction between Buyers and Sellers.
13.3 Consideration should always be given to the nature of Internet transactions and the risks involved. You may never meet or speak to the other party to the transaction and, as a result, you must proceed with care and judgment when using the Services. We are not responsible for condition, or legal status of the listed item or whether they are subject to any condition alert security watch, outstanding finance or previous insurance write offs. It is the responsibility of the Buyer to ensure they make all appropriate enquiries and assurances from the Sellers.
13.4 In recognition of the above, you waive any claim you may have against us that is in any way connected with a dispute you have with another user of our Services and website and you agree to indemnify us for any losses or liability we suffer as a result of any claim against us by another user or any other third party as a result of your dispute or in relation to your dealings with such other user or third party. This waiver and indemnity shall not apply in the event of any fraud or wilful misconduct by us.
13.5 Your acceptance of these terms and conditions also acts as a general release of Dealer Bikes and any of its subsidiaries (and all of its officers, directors, agents and employees) from any liability for any claims, loss or damages (both direct and indirect, including loss of profits, goodwill and business opportunity) arising out of or in any way connected to your use of the Services and our website.
13.6 We shall not be liable to you in contract tort (including negligence) or otherwise of any business losses, such as loss of data, profits, revenue, business opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising directly or indirectly out of your use of, or your inability to use our sites and services
13.7 In addition, we make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published on our website. From time to time our site may contain technical inaccuracies or typographical errors. All liability of Dealer Bikes howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
13.8 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
13.9 Although we try to verify the accuracy entries of the information provided by our Users, user verification on the Internet is difficult. Dealer Bikes cannot and does not confirm and is not responsible for ensuring the accuracy or truthfulness or users purported identities or the validity of the information which they provide to us or post on our sites.
13.10 You agree not to hold Dealer Bikes responsible for any loss you may incur as a result of us taking any of the actions set out in clause 12 nor for other users, actions or inactions, including without limitation things they post, items they List or the destruction of allegedly fake items.
14 Trade marks
No permission is given by Dealer Bikes in respect of the use of any such brand names, product names or titles or copyrights and such use may constitute an infringement of the holder’s rights.
Except as otherwise stated, any notices you wish to send to us should be emailed to email@example.com. Any notices that we may wish to draw to your attention will be displayed on our website.
16 Applicable law
Each and every transaction carried out on or as a result of the Services is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English law. The terms of this charter (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto.
17 Events beyond our control
Dealer Bikes will not be in breach of this charter or otherwise liable for any delay in performance to the extent that any delay or failure is due to circumstances beyond its reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of the terms of this charter is unenforceable (including any provision in which we exclude our liability to you) such provisions shall be struck out and to the enforceability of any other part of these conditions will not be affected.
19 Entire agreement
This charter, together with any document expressly referred to within its provisions, contains the entire agreement between us relating to the subject matter covered and supersedes any previous charters, agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
20. Rights of Third Parties
A person who is not a party to these terms and conditions has no right under the Contract (Rights of Third Party’s) Act 1999 to enforce any term of these terms and conditions but this does not effect any rights or remedy of a third party which exists or is available apart from that Act.
In our sole discretion, we may transfer our rights and obligations under this agreement without your prior expressed consent, provided that we assign these terms and conditions on the same terms or terms that are no less advantageous to you.
We may amend these terms and conditions at any time by email, via “Dealer Bikes” or by posting the amended terms on this site. Except as stated elsewhere all amended terms shall automatically be effective 30 days after they are initially posted. These terms and conditions may not otherwise be amended except in writing signed by you and us.
23. No Agency
No Agency partnership joint venture employee/employer or franchisee/franchisor relationship is intended or created by these terms and conditions.