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TERMS AND CONDITIONS

TERMS AND CONDITIONS


Version number: 2.0
Effective date: 15/02/2022


1.    Who we are 

1.1    We are Carbet Ltd trading as “Carbet”. Our company information is at the end of this document. 


2.    What this is all about

2.1    These are our terms and conditions which apply to our Service (explained below). We’ve tried to make them user-friendly. Please read them carefully and save a copy as we don’t file a copy specifically for the transaction with you. They’re available in English only.

2.2    Where you communicate with us on behalf of a company / organisation, you agree that you have authority to act on its behalf.


3.    Some definitions

3.1    Here are some definitions which are used in this document (all capitalised): 

●    “Buyer” – a User who uses our Service for the purpose of buying a vehicle.

●    “Consumer” - an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.

●    “Content” - all information of whatever kind (including auction and sale listings, posts, comments, images, photos, audio, video, advertisements, messages etc.) displayed on or sent through our Service.

●    “Seller” – a User who uses our Service for the purpose of selling or offering to sell a vehicle.

●    “Service” –the service we offer by means of our website and any related software and services. 

●    “User” - persons or organisations using our Service (whether or not registered with us).


4.    How you enter a legal contract with us 

4.1    By registering on our Service, you enter a legal contract with us to use our Service. This is different from any contract to sell a vehicle – see below.  Any future listings you place with us are all part of the same contract.

4.2    By browsing any part of our Service that does not require registration/payment, you are also bound by these terms to the extent they are relevant.


5.    Consumer right to cancel (“cooling off”)

5.1    If you are a Consumer, you have the right to cancel this contract subject to what we say below. NB This refers to your contract to use our Service (and pay to list your vehicle for auction/sale) and not to any contract with another User to buy/sell a vehicle.

5.2    You lose the right to cancel contracts for the supply of services which have been fully performed, i.e., completed

5.3    If you do have the right to cancel, please see the instructions at the end of this document.


6.    Changing these terms and conditions

6.1    We may change these terms and conditions by giving you at least 14 days’ notice unless a more urgent change is needed to comply with laws or regulations or to deal with an unforeseen and imminent danger. We will notify you by email and/or by posting the new version on our website. 

6.2    The new terms will apply to any use of our Service after the effective date including any listings placed after the effective date. Any listings placed before the effective date will remain subject to the old terms and conditions.


7.    Your right to use our Service

7.1    We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you subject to these terms and conditions.


8.    Who can use our Service?

8.1    You must not use, or attempt to register on, our Service if:

●    you live outside the UK; or

●    you are below 18 years of age.


9.    Behaviour when using our Service

9.1    You agree not to do any of the following in connection with the Service:

●    break the law or infringe anyone else’s rights;

●    display, send or link to unlawful, infringing or otherwise inappropriate Content;

●    victimise or harass other people;

●    use offensive, obscene, abusive, discriminatory or other inappropriate language or images; 

●    deceive or mislead anyone;

●    display or send any Content that includes someone else’s personal information unless that person is 18 years or over and you have obtained their written consent;

●    impersonate anyone;

●    use the Service with a view to competing with us or infringing our rights;

●    disrupt our Service, e.g spam, viruses or phishing;

●    interfere with or damage our Service or gain unauthorised access to any part of our system, data, passwords or otherwise; 

●    intercept or modify communications;

●    impose an unreasonable load on our Service;

●    get around any security or other features including those designed to stop copying of Content; or

●    attempt, encourage or assist any of the above.

9.2    You agree to:

●    comply with any reasonable rules or requirements on our Service;

●    promptly comply with any reasonable request or instruction by us in connection with the Service; and 

●    ensure that any contact or other information which you supply to us is accurate and not misleading and you will tell us if there are any important changes. 


10.    Sale of vehicles (very important - we only provide a platform to enable you to advertise or auction your vehicle)

Sale contract

10.1    Our Service is a neutral platform where Sellers can arrange to advertise or auction vehicles for sale to Buyers. Any sale contract is between the respective Seller and Buyer and the terms are for the parties to agree providing that they are consistent with this agreement. We are not a party to that contract itself. You acknowledge that any legal recourse arising from sale of the vehicle is against the other party to the sale contract and not against us.

10.2    You also separately agree with us that you will comply with each sale contract. 


Your sale or auction listing

10.3    We are allowed to edit the text or layout of your listing to ensure it complies with our terms and conditions and otherwise in accordance with how we think it should appear on our Service.

10.4    Whether or not we edit, or assist in creating, the vehicle listing, the Seller is solely responsible for: 

●    ensuring that the listing is accurate and not misleading (including checking carefully any automated vehicle information generated by our Service);

●    any opinions expressed in the listing;

●    any errors, misstatements or omissions in the listing; and

●    the quality, condition and authenticity of the vehicle.

We are not legally responsible for any of the above matters and have no obligation to investigate the accuracy of any listing.


Seller’s right to sell the vehicle

10.5    The Seller confirms and agrees that: 

●    it owns the vehicle or is fully authorised by the owner to sell it (and that the Seller will identify the owner and provide written proof of its authority to sell if requested); and

●    it is able to transfer full ownership to the Buyer without any charges, liens or other claims by third party, e.g., by finance companies.

We are not legally responsible for any of the above matters and have no obligation to investigate the Seller’s right to sell the vehicle.


Before you buy

10.6    Before you buy a vehicle through our Service, it is your responsibility to:

●    contact the Seller to arrange to inspect the vehicle; and

●    carry out all other appropriate investigations into the ownership, description, quality, condition and authenticity of the vehicle. 


Conduct of auctions

10.7    We are entitled to bring forward or extend the closing time of any auction, for example for technical reasons.

10.8    We are entitled to apply minimum and maximum bid increases in our discretion. 

10.9    You must carefully check that you have made the correct bid that you wanted to make. Bidding is at your own risk.

10.10    You agree that each bid you make is a binding and irreversible legal commitment to buy the vehicle and pay the amount of your bid to the Seller if your bid is successful. 

10.11    Sellers must not bid in their own auctions.

10.12    You must not bid in the auction of a Seller connected with you (e.g., family or friends) and Sellers must not arrange for connected people to bid in the Seller’s own auctions – unless the bidder genuinely intends to buy the vehicle.

10.13    We are entitled to suspend or end an auction at any time if we think that a technical error may have caused the auction to function incorrectly including by giving a false outcome. We are entitled take whatever further or remedial action we think appropriate including relisting the vehicle in another auction. 

10.14    You win the auction if you have made the highest bid at the closing time provided that it complies with our terms and conditions. 

10.15    If you win the auction, you automatically enter into a contract with the Seller to buy the vehicle for the amount of the winning bid. 

10.16    If a Buyer:

●    accepts a “buy now” price; or 

●    makes a “best offer” which is accepted by the Seller,

then the Buyer automatically enters into a contract with the Seller to buy the vehicle for the amount of the buy now price or accepted best offer, as applicable, and any pending auction ends at that point.

10.17    It is the responsibility of the Buyer and Seller to contact each other as soon as possible after any successful auction to arrange completion of the sale within 14 days or any alternative period agreed by the Buyer and Seller. If the Buyer does not make payment within 14 days of the auction (or any alternative period agreed by the Buyer and Seller) and the Seller is not at fault, then the Buyer loses the right to buy the vehicle. This clause does not affect any other legal rights that the Seller may have against the Buyer as a result of the Buyer’s default.


If you buy/sell a vehicle

10.18    If you buy/sell a vehicle whether via a sale listing or auction, it is your responsibility:

●    to agree mutually acceptable arrangements for payment and collection/delivery of the vehicle; and

●    to each take appropriate steps to protect your selfs including to deal with the risk (in the case of the Buyer) of making payment without receiving the vehicle or (in the case of the Seller) of handing over the vehicle without receiving payment.

We are not legally responsible for any of the above matters.


Complaints

10.19    If you have any complaint about another User (e.g., non-payment), you must immediately send us the details by email to the address shown below. We may in our discretion help to try and resolve the dispute but we do not promise to get involved.


General

10.20    Buyers and Sellers agree to deal politely and courteously with each other and to respond promptly to communications from the other.

10.21    We give no guarantee that any vehicle will be sold or that any particular sale price will be achieved by using our Service.  

10.22    Sellers are responsible for ensuring that they comply with all laws and regulations applicable to sale of the vehicle.

10.23    Buyers confirm that funds used to buy vehicles have no connection with criminal activity including money laundering, tax evasion or terrorist financing.

10.24    Users agree that they will use the contact information of other Users strictly in accordance with applicable data protection and other laws.


11.    Your Content

11.1    You are responsible for your Content. 

11.2    You agree that you have (and will keep) all rights needed to enable us to use your Content as contemplated by the Service and these terms and conditions.

11.3    If you use any features on our Service which enable you to share your Content with third party sites, we are not responsible for use of your Content on those third party sites. 

11.4    We reserve the right without notice or refund to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities, or if we consider that Content does not meet our quality standards.  If so, you must not attempt to re-publish or re-send the relevant Content.

11.5    We are not legally responsible if your Content is misused by others. You must take reasonable care when deciding which Content to display on or send via our Service.

11.6    We may place advertisements near or within your Content. If so, we retain all revenue from such advertisements.

11.7    It is your responsibility to make your own frequent backups of Content to protect you in case of loss or damage to such material. We are not responsible for such loss or damage.

11.8    We are allowed to delete your Content without telling you after this agreement ends or if your account has been inactive for twelve months.  


12.    Dealing with other Users…

12.1    You accept that we have no obligation to vet or monitor Users or their Content. While we may make some enquiries, such as carrying out certain automated vehicle checks, we don’t guarantee to do so and, even if we do, we cannot guarantee that such information is or will remain accurate and up to date. We don’t endorse or recommend any Users or their Content. You deal with other Users at your own risk. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Content or in connection with any dealings between Users. Where appropriate, it is your responsibility to carry out careful and detailed investigations before dealing with other Users including use of or reliance on their Content. You should not assume that any Content from another User is accurate and be aware that a person may not be who he or she claims to be. 

12.2    You acknowledge that in using the Service you may encounter behaviour or Content which you consider inappropriate. If so, please email us to our email address shown below (including if you wish to give us notice of defamatory material). Please also use any available blocking mechanisms, seek relevant external help If appropriate (e.g., from law enforcement authorities) and/or stop using the Service. 

12.3    When arranging through the Service to meet another person, you must take appropriate precautions and follow any guidelines on our Service. We cannot control what actually happens at such meetings which are at your own risk and are not our responsibility.


13.    Other peoples’ services / advertising / websites

13.1    We may display other peoples’ services, advertising and /or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these.  You use them at your own risk.

13.2    You agree that you are legally bound by the terms and conditions of any payment providers whose services you use on our Service. We aren’t responsible for what they do or don’t do.


14.    Our guidance

14.1    If we ourselves provide any guidance or other general information on or via our Service, we do not guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.


15.    If you create an account on our Service

15.1    Unless otherwise specifically stated on our Service, your account is for your personal use only. You must not allow any other person to use your account. You agree to take reasonable care to keep your login information confidential and to tell us immediately of any apparent breach of security such as loss or misuse of a password.   You are responsible for other people who use your account or identity (unless and to the extent that we are at fault).


16.    Paying us

16.1    Auction and sale listings these can be acquired at the prices and by the payment methods specified on our Service. Payment is in advance.

16.2    The prices shown include any applicable VAT unless we say otherwise. 

16.3    You are legally committed to pay for your listing once we confirm your order.

16.4    If we have mis-priced any part of our Service, we are not obliged to supply the Service at that price provided we notify you. If we do notify you, then you can decide if you want to continue with the Service at the correct price.

16.5    You must contact us immediately with full details if you dispute any payment. 


17.    About discount codes

17.1    We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 7 days. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion. 

17.2    We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue.  We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.


18.    Ending or suspending this contract

18.1    You may at any time end this contract by emailing us to the email address shown below. (This doesn’t entitle you to a refund unless you have Consumer “cooling off” rights, explained above.)

18.2    We are entitled at any time to end this contract or suspend part or all of our Service or impose restrictions on our Service (including removing any sale or auction listing and suspending or ending any auction) if:

●    you break this contract;

●    you are subject to any complaint by another User;

●    any fees payable by you are unpaid / unjustifiably charged back; 

●    we think that it is necessary to protect us or others; 

●    we are required to do so by applicable law or regulation or to comply with an order, instruction or request from a competent authority; or

●    you or anyone on your behalf acts inappropriately towards our staff.

18.3    If we suspend our Service, you remain responsible to pay for our Service during the period of suspension if you were at fault. We are entitled to make resumption of a suspended Service subject to reasonable conditions including payment of a reasonable reconnection fee. 

18.4    We are entitled at any time to end this contract if we terminate our Service as a whole if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.

18.5    If this contract ends: 

●    Any pending auctions involving you will continue unless we say otherwise. 

●    Subject to the above, your right to use our Service and all licences are terminated. 

●    Existing rights and liabilities are unaffected. 

●    All clauses in this contract which are stated or intended to continue after termination will continue to apply. 


19.    If our Service doesn’t work properly

19.1    We do not guarantee that the Service will be uninterrupted or error-free. We are entitled, without notice and without liability (a) to suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to the Service.  

19.2    You acknowledge that technology is not always secure and you accept the risks inherent in use of the Internet or other technology for the purpose of the Service.

19.3    To enable us to send alerts, you must ensure you give us correct contact information and immediately update us if it changes. We are not responsible for checking or updating your contact information even if we have reason to think that it is wrong or out of date (e.g., because our email is returned). In any case, you accept the risk that for whatever reason alerts may not be correctly sent out by our Service or received by the intended recipient and you must diarise key dates and/or follow up communications as appropriate.


20.    Restrictions on our legal responsibility – very important

20.1    Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.

20.2    If you are a Consumer, we shall not be liable for any loss or damage where:

●    there is no breach of a legal duty owed to you by us;

●    such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract); 

●    (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or

●    such loss or damage relates to a business of yours.

20.3    If you are a Consumer, you will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement or misuse of our Service.

20.4    The following clauses apply only if you are not a Consumer:

●    If you paid us any fees within the 12 months before the act or omission complained of (“the Previous 12 Months”), our liability of any kind (including our own negligence) for any act or omissions or series of connected acts or omissions is limited to the total fees paid or payable by you to us in connection with our Service during the Previous 12 Months.

●    In no event (including our own negligence) will we be liable for any:

●    economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);

●    loss of goodwill or reputation; 

●    special, indirect or consequential losses; or

●    damage to or loss of data

(even if we have been advised of the possibility of such losses).

●    You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.

●    To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. 

●    This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded. 


21.    Intellectual property rights (e.g., copyright)

21.1    If you supply Content for display on our Service, you retain ownership of the intellectual property rights. You allow us at no cost, for so long as this contract lasts, to use and adapt all or part of such material however we wish on our Service as well as on other channels including social media, including for the purpose of redistribution or promotion of our Service. You waive your “moral rights” in relation to such Content to the extent legally allowed. You also allow each User to use your Content in accordance with these terms and conditions.

21.2    The intellectual property rights in all Content used on or in connection with our Service (excluding your Content) are owned by us or by our partners or other Users. For your personal and internal business use only, you may view such material on your device.  You must not otherwise use such material including copying, publishing, selling or adapting it or taking extracts from it without our specific prior written consent (except to the extent specifically allowed by this agreement).   You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.

21.3    Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent. 


22.    Your personal information – see our privacy policy

22.1    You agree that we can deal with your personal information in accordance with our Privacy Policy[ https://carbet.co.uk/terms-and-conditions] which may change from time to time. 


23.    Things we can’t control

23.1    We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.


24.    Transferring this contract to someone else

24.1    We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.


25.    English law and courts  

25.1    This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. 


26.    General

26.1    We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.


27.    Complaints

27.1    If you have any complaints, please contact us via the contact details shown below. 


28.    Company information

28.1    Company name: Carbet Ltd

28.2    Trading name: “Carbet”

28.3    Country of incorporation: England and Wales.

28.4    Registered number: 11725981

28.5    Registered office and contact address: 10 Paris Court, Stoke On Trent, ST1 3GJ, England.

28.6    Contact email address: info@carbet.co.uk

28.7    Other contact information: See our website / contact page.


 

RIGHT TO CANCEL YOUR CONTRACT WITH US (“COOLING OFF”)


The following applies if you have the right to cancel this contract (as explained above). 


Right to cancel

1.    You have the right to cancel this contract within 14 days without giving any reason.

2.    The cancellation period will expire after 14 days from the day of the conclusion of the contract. 

3.    To exercise the right to cancel, you must inform us, Carbet Ltd, 10 Paris Court, Stoke On Trent, ST1 3GJ, England (email address above) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the model cancellation form below but it is not obligatory.

4.    To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.


Effects of cancellation

5.    If you cancel this contract, we will reimburse to you all payments received from you.

6.    The reimbursement will be made without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

7.    The reimbursement will be made using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. 

8.    If you requested us to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract.


MODEL CANCELLATION FORM


Complete and return this form only if you wish to cancel the contract:


— To Carbet Ltd, 10 Paris Court, Stoke On Trent, ST1 3GJ, (email address above):

— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*], 

— Ordered on [*]/received on [*],

— Name of consumer(s),

— Address of consumer(s),

— Signature of consumer(s) (only if this form is notified on paper),

— Date

[*] Delete as appropriate



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