Terms and Conditions for buying bikes from Dealer Bikes
IMPORTANT This is a legal agreement between Dealerbikes and the user ("you" or "your") of the used vehicle website at URL www.dealerbikes.com ("Website"). Please read the following terms and conditions carefully.
Status of these Terms
1.2 We may alter, vary or modify these Terms without your consent. We will, however, use reasonable endeavours to notify you of any changes made to these Terms. Should we fail to notify you of any amendments to these Terms you shall have no right to terminate this agreement or hold us liable for any loss suffered by you. You agree to check these Terms before you bid on the Goods and before you advertise Goods on the Website.
1.3 We may at any time and for any reason remove your right to access our services. This includes using our website and/or any related products. We are not obliged to provide a reason for any restrictions made upon you.
1.4 In the event of any conflict between any documents constituting the agreement between us the following order of precedence shall apply:
2.1 Nothing in these Terms shall operate to exclude or restrict either party\'s liability for:
a) Death or personal injury resulting from negligence;
b) Breach of the obligations arising from section 12 of the Sale of Goods Act 1979; or
c) Fraudulent Misrepresentation.
Please note that any vehicles purchased from Dealerbikes.com are considered to be un-roadworthy and should be inspected by a professional prior to any type of use.
2.2 You acknowledge that you have not relied upon any representation made to you by dealerbikes.com, its employees or agents in relation to the Goods unless such representation has been confirmed in writing prior to the auction.
2.3 The Goods 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 Goods and should exercise and rely on their own judgment as to whether the Goods accords with any description. 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 subject to clause 2.1 above and except to the extent that such exclusion is otherwise prohibited by any law.
2.4 The Vendor hereby agrees that they are 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.
2.5 The Vendor agrees to indemnify dealerbikes.com against all claims, losses, damages, legal fees and consequential loss as a result of the information it provides or uploads (in accordance with clause 2.4) to the Website.
2.6 The Vendor agrees to indemnify dealerbikes.com against all claims, losses, damages, legal fees and consequential loss made by the Buyer or any third party in respect of the roadworthiness and safety of the vehicle.
2.7 The Buyer acknowledges and agrees that in the event of an accident caused by a fault with the goods which results in a claim being made, the Vendor is the correct defendant in this matter and not dealerbikes.com.
2.8 Dealerbikes.com 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.
2.9 Dealerbikes has the right to offer a goodwill gesture. Any goodwill gesture offered is at its discretion of Dealerbikes and as such is offered without any acceptance of liability, in the interest of good service.
3.1 You agree that should any liability to you arise, your sole remedy in respect of any claim in relation to the Goods.
4.1 The Website and the content are provided on an "as is" and "as available" basis by dealerbikes.com
4.2 Subject to the provisions of these Terms in relation to the purchase of Goods:
a) Dealerbikes.com 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 dealerbikes.com is permitted by law;
b) Dealerbikes.com excludes any liability whether in contract tort (negligence) or otherwise for any incorrect or misleading information on the Website except as set out on these Terms;
c) Dealerbikes.com shall not be liable to you or any third party resulting from any unauthorised access to the Website;
d) Dealerbikes.com 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 motorbikeauctioneers.com is not liable for any damage you may suffer as a result of such destructive features;
e) Dealerbikes.com 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
f) Dealerbikes.com is not responsible for the reliability or continued availability of the telephone lines or equipment you use to access the Website.
4.3 The parties agree that these warranties are reasonable and agree to be bound by them.
Data and Privacy
Changes to the Website
5.1 You agree that dealerbikes.com has the right to change the content or technical specifications of any aspect of the Website at any time at dealerbikes.com sole discretion for the purposes of (but not limited to):
a) upgrading the software;
b) upgrading the Website content; inclusive of the terms and conditions;
c) removing malicious software;
d) resolving/repairing any third party hacks;
e) improving the technical specifications of the Website;
f) general maintenance;
g) making reasonable alterations to the Website.
5.2 Dealerbikes.com may have to suspend the operation of the Website from time to time for maintenance and required upgrades. You agree that such changes may result in you being unable to access the Website for a period of time and that dealerbikes.com shall in no way be liable for any loss, claim, damages or other liability suffered to you as a result of you being unable to access this site in accordance with clause 5.1.
Do not rely on information on this site
6.2 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
6.3 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
6.4 Any descriptions or illustrations on our site are for illustrative purposes only, and are published for the sole purpose of giving an approximate idea of the vehicles described in them. They will not form part of any contract or have any contractual force. We have made every effort to display the colours accurately, but we cannot guarantee that a device\'s display of the colours accurately reflects the colour of the vehicles.
6.5 We reserve the right to amend the specification of any vehicle described on this site if required to do so by any applicable statutory or regulatory requirement, to implement minor technical adjustments and improvements, or if the amendment will not materially affect its nature or quality.
Cancelling your reservation
7.1 If you are a consumer and the reservation is at least 14 days after you received the Confirmation, you have a legal right under the Consumer Contracts Regulations 2013 to change your mind within 14 days of receiving the Confirmation and receive a refund. However, if you cancel a reservation after the date of the Confirmation, we will only refund that part of the reservation fee which the period between the date we receive your cancellation and the end of the reservation period bears to the total period between the date of the Confirmation and the end of the reservation period.
7.2 To cancel the Order, please complete the Cancellation Form (Available on request) and send to Unit 4, Hanworth Court, Hanworth Road, Low Moor, Bradford, West Yorkshire BD12 0SG. We will email you to confirm we have received your cancellation.
7.3 Alternatively, you may telephone, email or write to us as described under "Who we are and how to contact us" above. If you are emailing us or writing to us, please include details of the Order to help us to identify it and your name and address. If you contact us to cancel by email or by post, then your cancellation is effective from the date you send the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day.
7.4 If you cancel the Order and are entitled to a refund of all or any part of the reservation fee you have paid, we will make the refund by the same method as you used for payment, as soon as possible and in any event within 14 days of your telling us you have changed your mind.
8.1 No failure to exercise or delay in exercising any right or remedy provided under this agreement or by law by dealerbikes.com constitutes a waiver of such right or remedy or shall prevent any future exercise in whole or in part thereof.
9.1 If any provision in these terms and conditions is held by any competent authority to be invalid or unenforceable, in whole or in part, the validity of the other provisions, and the remainder of the provision in question, shall not be affected.
Third Party Rights
10.1 A person who is not a party to these Terms shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any part of these Terms.
Governing Law and Jurisdiction
11.1 These Terms shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the English Courts.
12.1 These Terms, together with the documents referred to in it, constitutes the entire agreement and understanding between the parties in respect of the matters dealt with in them and supersedes any previous agreement between the parties or any of them relating to such matters.
12.2 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.
13.1 If you are unable to establish the condition or value of the goods to your satisfaction then please do not buy. Any goods purchased do not carry any warranty or guarantee, goods are sold as seen and are for spares and/or repairs purposes. If you choose not to view the goods before purchasing you waive any responsibility of ourselves and that of the seller to the condition of the goods. All goods do not have an inspection by ourselves in order to establish the basic condition of the goods. The information provided should however not be relied upon as a status. All photographs and descriptions are only to be used as a guide we endeavour to collate as much information as possible, we do rely on 3rd party information and we cannot take responsibility for any errors that may occur.