TRADE it AUCTION Ltd
Terms and Conditions
This is a legal agreement between Trade it Auction Ltd company number: 2932396 and the user ("you" or "your") of the used vehicle auction website at https://www.tradeitauction.com to be referred to as the ("Website"). Please read the following Terms and Conditions in full.
1. Our Website Definition
1.1 Your use of this website and any service contained within constitutes acceptance by you of these Terms & Conditions.
1.2 Any reference to “you” or “your” refers to you as a “user” or “users” of this website.
1.3 Any reference to “us” or “we” refers to Trade it Auction Ltd company registration number 2932396 and the registered office of Elizabeth House, Queen Street, Abingdon, Oxfordshire, OX14 3LN
1.4 Any reference to this “website” “us” or “we” refers to the company Trade it Auction Ltd and website address https://www.tradeitauction.com and such other locations where it may be hosted or featured where the entire website or elements of the website are hosted or featured by our partners.
1.5 Goods refer to vehicles as listed and advertised for sale in auction on the website.
1.6 Services refer to the advertisement of the listings on the website.
1.7 Users of the website.
1.7.1 Seller will refer to the user and owner and or person responsible for advertising and selling the Goods on the website auction.
1.7.2 Bidder will refer to the user who bids on the Goods on the website auction listing.
1.7.3 Buyer or Highest Bidder will refer to the bidder who has the highest bid and shall be deemed the winner of the auction at the end of the listing duration.
1.8 Purchase Price refers to the price of the highest bid as bid by the Buyer.
2.1 You must be a minimum age of 18 to register with and use this website. Furthermore, you must be able to enter into legally binding contracts. By registering and using this website you warrant that you are 18 or older, have the capacity to enter into contracts and understand your obligations under these Terms & Conditions.
2.2 To provide the service we intend, to advertise and sell vehicles the website is open to only registered and approved members without restriction.
2.3 You will not be eligible to use this website if you have previously been suspended from using it and or a restriction is currently still in place.
3.1 As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You can use your company name for exclusivity.
We do not hold or store your password at any time, make sure you keep it safe and secure. A password reset can be performed at sign in.
You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.
3.2 If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username & password or other details.
3.3 You agree to keep your user account detail up to date, including names, current address, phone numbers, email address, and card payment details.
4. Auction Process
4.1 When advertising, selling and buying a vehicle for sale on the website you agree to following:
4.1.1 You agree that once the Goods are listed all sales MUST run the entirety of the listed auction duration and completed through our website system. We monitor the internal user messaging system and it is set up to alert key words. Any user abusing other members or posting such questions as: asking a Seller to end the listed auction duration early could end up with the offending user being suspended or deactivated completely.
4.1.2 You (the Seller) are the registered owner or the person with authority from the owner and have significant control over the sale of the Goods in accordance with Section 12 of the Sale of Goods Act 1979.
4.1.3 You (the Seller) agree to inspect the Goods thoroughly prior to being uploaded to our website, and to describe and disclose any damage, faults or defects that the Goods may have at the time of listing.
You agree to have executed all relevant vehicle data checks and confirm and state that the Goods are free from outstanding finance, indebtedness, or other such right in favour of a third party and damage categorisation.
You (the Seller) agree to run the auction listing for the full duration as stated. Unless unforeseen circumstances arise as such the Goods are deemed not fit for purpose of a sale. For example but not limited to, the Goods have been lost, damaged, stolen, or deemed to have faults not worthy of a sale.
You (the Seller) agree to decline any offers from other users prior to an end of an auction listing other than those from an expiry of the auction ending from a 'Buy Now' option or classified listing.
You agree that any images or descriptions are not misleading to potential buyers and not of a fraudulent nature.
You agree to indemnify Trade it Auction Ltd against any claim or losses that may arise from any inaccurate or misleading descriptions of any Goods.
4.1.4 The Goods must be physically available for sale when a listing is created, and upon completion of a successful auction the Goods must be ready for collection or as stated within the Seller’s own terms as listed within the advertisement.
The Seller has the right to set their own Terms and Conditions for payment and collections. Goods must be paid in full and cleared funds before a Seller shall release any Goods to a Buyer.
4.1.5 You (the Seller) agree to sell the Goods for the value of the highest bid as at the expiry of the auction or as advertised and created under a classified listing.
You agree to pass on all documentation, history data, keys, any other features that are relevant to the specific goods as listed on the website advertisement.
4.1.6 Any highest bid of a completed auction shall create a contract to purchase agreement between both Seller and Buyer and cannot be withdrawn. You (the Buyer) are legally bound to complete the transaction by paying the full price as stated as the expired listing states and as you have bid.
Our system generates invoices for members use. A Seller will create their contact detail invoice for both Buyer and Seller to communicate to finalise payment and collection of the Goods.
You (the Buyer) agree to contact the Seller or owner of the Goods within 24 hours and arrange to collect the Goods in person or by collection agent within 72 hours or as determined by the Seller’s Terms.
You (the Buyer) agree that all costs regarding the collection of Goods are your own responsibility and expense.
Once the Buyer has possession of the Goods it is their duty to upload the Goods data for insurance purposes and for legal road use. Any committed road offenses after the purchase transaction are deemed the responsibility of the Buyer.
The Goods are previously used and owned and are sold on a sold as seen basis. The Buyer must satisfy themselves whilst bidding and at physical collection that description, condition and value are acceptable. You (the Buyer) agree that any further costs of preparation or required work associated with the Goods are the responsibility of you the Buyer.
Title and ownership of the Goods shall only pass to the Buyer following cleared payment of the full purchase price and purchase invoicing and documents are completed.
Any value adjustment (if any) shall only be agreed between the Seller and Buyer.
4.1.7 You agree that it is the responsibility of both the Buyer and Seller to make contact after a successful auction ending to complete the transaction.
You agree that the website and Trade it Auction Ltd do not have any further involvement in the transaction of the purchase of Goods or the collection or delivery of the Goods.
We are acting as the host to assist Buyer and Seller to complete transactions, we shall not have any responsibility or liability for the Seller uploading any misleading or inaccurate goods descriptions or any other content they upload to our website.
We shall attempt to assist a Seller if a Buyer is not responding to a successful winning listing, we shall not be liable or held responsible if the Buyer fails to communicate or complete the transaction as legally obliged to.
You agree to use our website back office invoicing system and user messaging system in a responsible manner.
Within your own ‘My Account’ you have a number of features to use as part of our Service. You may look up previous finished auctions both successful and unsuccessful and relist instantly, view and update your own personal data and use our invoicing system as a reference to use on your own system or use the integral invoice system for transactions between both Buyer and Seller.
You agree, under our Terms and Conditions any misuse or manipulation of the Services will result in user suspension and or possible account deactivation.
5.1 As a registered user you agree not to do any of the following:
5.1.1 Advertise items inappropriately on the website.
5.1.2 Advertise any item deemed inappropriate by us.
5.1.3 Breach any local laws with regard to items advertised or sold.
5.1.4 As a Buyer, fail to pay for any Goods purchased by you, whether sold at a fixed price or auction.
This excludes where the Seller materially alters the terms of the sale after you have bid or agreed to purchase, or where the Goods are not as described or where the Seller’s identity cannot be clearly authenticated.
5.1.5 As a Seller, fail to present the Goods to the Buyer to inspect prior to payment where the sale has been agreed and as determined by the specific auction listing, unless the Buyer cannot meet the terms of sale agreed, or where the Buyer’s identity cannot be clearly authenticated.
5.1.6 Manipulate the bidding process or price of any Goods, including (but not limited to) bidding for your own Goods, working in conjunction with others to bid-up Goods, entering high bids and then withdrawing them, or any other form of manipulation or concerted action to distort the auction process whether related to your own Goods or those of another user.
5.1.7 Seek to avoid the payment of any other fees as provided for in Clause 9 owed to us or manipulate the fee structure or fee payment process in any way.
5.1.8 Use or harvest data provided by other users in a way that they would object to.
5.1.9 Use data provided by other users for purposes other than contacting them via the website.
5.1.10 Abuse, harass, threaten, stalk, defame or in any way seek to violate the rights of another user or third party.
5.1.11 Encourage illegal activity or activity that violates the rights of other users or third parties, whether individuals or organisations.
5.1.12 Supply or post content or advertisements calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.
5.1.13 To pose as another user, third party or organisation or a Trade it Auction Ltd employee for the purposes of obtaining user or third party information.
5.1.14 To transmit or transfer any viruses, Trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
5.1.15 Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and other users.
5.1.16 Reframe or repurpose the website or any content on it or remove or obscure any notices or advertising provided by us on the website.
5.1.17 Advertise any item, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.
5.1.18 Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.
5.1.19 Use any robot, spider, scraper or other technical means to access the website or content on the website.
5.2 Breach of Terms and Conditions
If you breach these Terms & Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and to the website. Such harm is difficult to quantify and as such you agree to pay us the sum of £50.00 (no added VAT) for each and every individual email or other communication sent to a user or third party.
5.3 The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of the rules or the spirit of the rules.
6. Website Content Ownership
6.1 As a user you retain all ownership rights to the content uploaded and provided by you.
6.2 By submitting, posting or displaying your content on the website you agree to grant a non-exclusive, worldwide, royalty-free licence to us to use, modify, perform, display, reproduce and distribute such content on the website. This allows us to place your content on the website and let all registered and approved users view your content. It also allows us to compress or alter the size of any files you may post to ensure that they can be readily displayed for other users.
6.3 This licence is also royalty-free, which means that the content is provided free of charge to us and we will not pay for the content or account for any advertising revenue generated on the website or on any specific content pages.
6.4 Although our website is restricted to approved users within the United Kingdom, this license also applies worldwide as it can be accessed from anywhere in the world, at any time.
6.5 Also as part of the licence you warrant that any content provided by you does not belong to a third party whose rights have been violated by the content being posted on to the website. Furthermore, if any content is owned by a third party you agree to pay all royalties and damages owed to that party, without seeking any contribution from us.
6.6 Content added by a user must be solely for the purpose of advertising Goods. Content must be genuine and accurate and must not contain any material that is violent, offensive, obscene, promote sexual or explicit material or be likely to deceive other users.
6.7 All other website content (other than that uploaded by a user) including but not exhaustive, logo’s, wording, descriptions, design, layout, features within the actual websites content is exclusive property of Trade it Auction Ltd.
7. Copyrighted Material
7.1 We do not condone or encourage in any way the posting of copyrighted or proprietary content or information by any users who are not the legal owners of such content.
7.2 Where notified of such breaches by the owner of such content we will remove the content from the website as soon as practicable. But only where we can reasonably ascertain the true owner of such content.
7.3 If as the owner of such content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.
8. Content Monitoring
8.1 Users can freely add content to the website. We do not monitor all listings or assume any responsibility for content posted to the website. If at any time we decide to monitor the website on any occasion it does not mean that we assume any future responsibility for monitoring the website, removing any content or the conduct of any users.
9. Site Fees
9.1 The fee structure for using this website is as follows:
9.1.1 Currently there are no registration/joining fees £0.00
9.1.2 Currently there are no annual subscription fees £0.00
9.1.3 To advertise or list Goods on our website the current fee is £0.00
9.1.4 Optional listing enhancements:
Featured Listing: £0.00
Bold Title Listing: £0.00
Highlighted Listing: £0.00
9.2 We reserve the right to change both fees and fee structures on giving users a reasonable notice period of any such change.
10.1 You are responsible for paying (if any) all taxes incurred from using this website and generating profits from such use.
10.2 We will cooperate fully when requested with all government agencies and bodies responsible for assessing and collecting such taxes.
11. Suspension Termination or Downgrading
11.1 We may suspend or deactivate your user account and all content and materials associated with it at any time where these Terms & Conditions have been breached. Such suspension or termination can be with or without notice. You can contact us at Admin@tradeitauction.com to choose to suspend or terminate your account at any time and are free to remove any content and data held by us that you have created.
11.2 It is our sole decision whether to suspend or terminate any user account. In the case of suspension, it is also our sole decision as to when (or if) a suspended account will be reactivated.
11.3 Various clauses within these Terms & Conditions are designed to survive and continue after suspension or termination, including (but not limited to) clauses 4, 5, 8, 9, 13 and 14.
11.4 Where we operate a user feedback feature or any other form of reputation system we can at our sole discretion and with or without notice remove the feature or any associated comments that would determine or otherwise downgrade User reputation where these Terms and Conditions or any other rules we operate on the website from time to time have been breached.
12.1 We take all reasonable steps to ensure that the website is available and functioning fully at all times. However, in the event the website is unavailable or functioning incorrectly either wholly or partly we shall offer (where possible) the opportunity of repeat performance of the service we should have offered to you in the first place – this may include re-running auctions or re-opening bidding where appropriate and practical.
12.2 As part of our ongoing website upgrading and maintenance you shall agree as part of these Terms and Conditions that we have the right to change the website content and or technical specifications at our sole discretion including (but not limited to), general maintenance, upgrading software, reasonable alterations for the benefit of users.
13.1 We are not responsible for complete accuracy of any content on the website, nor any advertisements placed on the website.
13.2 We are not responsible for any links to third-party websites from the website and the inclusion of any link does not imply an endorsement of a third-party website by us.
14. Limitation of Liability
14.1 Nothing in these Terms & Conditions excludes our liability for death, personal injury or fraudulent misrepresentation due to the negligence of us, our employees, officers or third party partners.
14.2 We shall not be liable for any loss of profit and any indirect, consequential, exemplary, incidental, special or punitive damages.
14.3 We do not directly monitor each individual advertisement, listings or transactions; therefore, we cannot guarantee the following:
14.3.1 The accuracy of any advertisements or listings.
14.3.2 The ability of the Seller to sell any item.
14.3.3 The ability of the Buyer to buy any item.
14.3.4 Whether any transaction will actually be completed.
15. Both website users Buyer and Seller agree the following:
15.1 The Seller is responsible and liable for the content and information they include and upload to the website within each individual listing and agree to indemnify Trade it Auction Ltd against any claims, damages, legal fees, losses, or any other consequential losses made by the Buyer or any third party.
15.2 The Buyer agrees that after taking ownership of the Goods purchased that they have full responsibility and liability of the Goods although within a reasonable time frame in any event of mechanical failure, malfunction, faults with the Goods that have caused accident and claims being raised, the correct defendant of liability shall be the Seller of the Goods and under no circumstances direct responsibility or any liability toward Trade it Auction Ltd.
15.3 Both parties agree that Trade it Auction Ltd shall not in any circumstances be liable for any consequential losses, damages, fees, any loss of profit, or opportunities whatsoever. Our responsibility lies solely in hosting the website for Users and acting as the auctioneer of the Goods. No warranties are provided relating to the Goods and Services.
You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third party arising from your breach of these Terms & Conditions whilst using the website or any other service provided by us.
18. No Agency
Nothing in this agreement is intended to or implies any agency, partnership, joint venture, employee/employer relationship or any other similar relationship.
The paragraphs, sub-paragraphs and clauses of this Agreement shall be read and construed independently of each other. Should any part of this Agreement or paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
Failure by us to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
21. Entire Terms & Conditions
These Terms & Conditions set out the entire agreement and understanding between you and us. We reserve the right to change these Terms & Conditions at any time, on giving reasonable prior notice to you.
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English Law and shall be subject to the exclusive jurisdiction of the English Courts. Your statutory rights are unaffected.
If you have any questions relating to our Terms and Conditions please contact us.
Contact Email: Admin@Tradeitauction.com
Trade it Auction Ltd
Registered Address: Elizabeth House, Queen Street, Abingdon, Oxfordshire, OX14 3LN
Company registration number: 2932396
© Copyright 2017 Trade it Auction Ltd. All Rights Reserved.
No part of this web page may be reproduced in any way without the prior written permission of Trade it Auction Ltd.