These terms and conditions ("Terms") constitute a legally binding agreement between ("Us") Sytner Group Limited (02883766) whose registered office is at 2 Penman Way, Grove Park, Leicester, LE19 1ST ("Sytner") and the users ("You" or "Your" or "User") of the used vehicle auction website at URL auction.sytner.co.uk ("Website").
1) DEFINITIONS
a) In these Terms and Conditions, the following words and expressions shall have the following meanings;
"the Agreement" means the agreement of which these Terms and Conditions form part
"Advert" means any copy, artwork, text, data, images or video clips advertising a vehicle for sale on the Website;
"Auction Vehicle" means a vehicle listed for sale on the Website
"Business Day" means a day other than a Saturday or Sunday or public holiday in England when the banks in London are open for business;
"Buyer" means a User who is registered and approved to buy an Auction Vehicle from the Website.
"Services" means the products and services provided by Sytner being a trade to trade used car marketplace that allows Users to buy and sell motor vehicles through the auction
"Goods" means any vehicles available as part of an auction, "Auction Vehicle" on the Website.
"User" a Buyer.
2) REGISTRATION
a) Any User wishing to buy cars through the Website must first register for an account.
b) You agree to provide certain information when registering for an account which may include
i) VAT number and certificate.
ii) Certificate of Incorporation
iii) Latest Statutory Financial Accountsc) At the point of registration the User may request to become a Buyer.
d) Sytner reserves the right to grant, disallow or block access to the website if the User does not fulfil the user criteria including satisfactory credit reference scoring.
e) You agree to notify Sytner immediately if any of Your registration details change by sending an email to: auctionsupport@sytner.co.uk
f) On registration You will be asked to provide a password.
g) You are responsible for the use and security of Your password and ID log-in and for ensuring full compliance with these Terms.
h) You are responsible for keeping Your password confidential and must notify Us immediately if You suspect unauthorised use by a third party.
i) In the event of a security breach, You will be given the ability to change Your username and password which You must do immediately.
j) You shall not allow third parties 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) GENERAL USER OBLIGATIONS
a) You agree to keep all information contained in or concerning the Website confidential. You will not disclose such information to any third party, except to the extent that:
i) it is required to do so by a court or other competent authority if such notice of disclosure as is possible is given to Sytner; or
ii) the information is already, or becomes, public knowledge except by way of any breach of confidence.b) You agree that you will not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of the Website, including scraping or caching any of the contents for access by third parties.
c) You will not upload files to the Website that contain a virus and/or corrupted data and/or development code or scripts.
d) You are responsible for all costs and charges (including without limitation internet and telecommunication charges) in accessing the Website.
e) You shall not permit any person under the age of 18 to take part in an auction on the Website.
f) You will use Your best endeavours to scan or remove any virus or any other contamination or destructive features before submitting any other information to Sytner.
4) BUYER OBLIGATIONS
a) A Buyer is granted access to the Website by Sytner to place bids on Vehicles listed for sale by Auction.
b) On placing a bid on a Vehicle the Buyer acknowledges that the bid may not be withdrawn.
c) A Buyer is not permitted to submit a bid for Goods which is less than the sum specified from time to time by Sytner in relation to those Goods.
d) To be the winning bid, the bid must be the highest bid of the auction 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 Goods prior to the commencement of each auction.
e) When the auction closes, the agreement for the purchase of the Goods becomes binding on the Buyer.
f) Sytner 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.
g) If Your bid is successful, Sytner will confirm this by email.
h) Buyer must contact the Seller within twenty four hours of completion of the Auction to arrange payment and collection.
i) Collection of the Vehicle can only take place on Seller’s receipt of payment in cleared funds.
j) Collection of the Vehicle must be at Buyers expense.
k) Buyer is responsible for obtaining all certificates, permits or other authorisations necessary before the Vehicle can be used on any road or elsewhere, and is responsible for all legal requirements in relation to use and maintenance of the Goods
l) Once payment has been received by the seller and the Vehicle has been collected full title and risks pass to the Buyer.
5) BIDDING PROCESS
a) Full instructions on how to bid for Goods 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.
b) A bid may not be withdrawn after it is placed.
c) No person may submit a bid for Goods which is less than the sum specified from time to time by Sytner in relation to those Goods.
d) To be the winning bid, the bid must be the highest bid of the auction 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 Goods prior to the commencement of each auction.
e) When the auction closes, the agreement for the purchase of the Goods becomes binding on (Title passes on receipt of cleared funds).
f) Sytner 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.
g) If your bid is successful, Sytner will confirm this by email or telephone together with dates and time for collection of the Goods and how to pay.
6) PAYMENT
a) Buyer must pay for Vehicles in cleared funds in pound sterling, within 72 hours, by bank transfer and collect goods within 7 working days of the auction end date.
b) Where payment is overdue, the Seller shall be entitled to:i) Treat the bid as having lapsed and offer the Goods to other parties and re-list.
ii) Sytner can suspend buying statusc) Buyer agrees to pay all taxes which may arise out of the sale.
d) You shall have no right to set off amounts owed to You by Sytner to pay for the Goods.
e) Cash payments are not accepted.
f) All Sytner goods to be paid by bank transfer.
g) Transactions between sellers and third parties should be by bank transfer and agreed by both parties.
7) SYTNER OBLIGATIONS
a) In consideration of payment of the charges by the Seller, Sytner will list the vehicle for sale on the auction website whereupon it will be visible for Buyers to bid.
b) Sytner endeavours to publish adverts on the Website within one Business Day of the Advert being listed by the Seller.
c) Users accept that the Website is a means of listing Vehicles for sale and does not guarantee any sale by Sytner.
d) Sytner is under no obligation to act as Guarantor for any Buyer or Seller and Users acknowledge that they enter into the arrangement on that basis.
e) Sytner does not guarantee or verify the completeness or accuracy of the information listed in the Adverts.
8) CHARGES
The Buyer will be charged the following Buying Fee depending on the hammer price of the Vehicle;
Winning Bid Buying Fee £0 - £500 £35 + VAT £501- £3000 £75 + VAT £3001 - £15,000 £100 + VAT £15,001> £125 + VAT
9) DISCLAIMERS
a) Nothing in these Terms shall operate to exclude or restrict either party's liability for:
i) death or personal injury resulting from negligence;
ii) breach of the obligations arising from section 12 of the Sale of Goods Act 1979; or
iii) fraudulent misrepresentation.b) You acknowledge that You have not relied upon any representation made to You by Sytner, its employees or agents in relation to the Goods unless such representation has been confirmed in writing prior to auction.
c) The Goods are previously owned vehicles and are sold as seen on point of collection. 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 wholly 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 10.a ABOVE AND EXCEPT TO THE EXTENT THAT SUCH EXCLUSION IS OTHERWISE PROHIBITED BY ANY LAW.
10) STATUS OF THESE TERMS
a) From time to time Sytner 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.
b) 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.
11) INTELLECTUAL PROPERTY, LICENCES AND DOWNLOAD RIGHTS
a) 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 Sytner, which is either owned by Sytner or licensed to it by third parties.
b) 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.
c) You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, and download, to create derivative work from transmitted communicative or any other way to exploit any part of the Website and/or the content.
d) Downloading the content is permitted by Sytner provided that:i) You make no more than one printed copy of such download and no further copies of such printed copies are made.
ii) You retain on such downloads and/or printed copies or copyright notices and shall remain bound by the terms of such wording and notices.
iii) You agree that Sytner may use copy, reproduce, distribute, adopt, load, execute, store, transmit, communicate, display, maintain, and enhance any data You provide to it subject to compliance with fair collection notices and with the Data Protection Act 1998 generally.
12) WARRANTY IN RESPECT OF WEBSITE CONTENT
a) The Website and the content are provided on an "as is" and "as available" basis by Sytner.
b) Subject to the provisions of these Terms in relation to the purchase of Goods:
c) Sytner 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 Sytner is permitted by law;
d) Sytner 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;
e) Sytner should not be liable to You or any third party resulting from any unauthorised access to the Website;
f) Sytner 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 Sytner is not liable for any damage You may suffer as a result of such destructive features;
g) Sytner 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
h) Sytner is not responsible for the reliability or continued availability of the telephone lines or equipment You use to access the Website.
i) You accept that Sytner has the right to change the content or technical specifications of any aspect of the Website at any time at Sytner's sole discretion.
j) You further accept that such changes may result in You being unable to access the Website.
k) Sytner may have to suspend the operation of the Website from time to time to carry out maintenance and make upgrades.
13) CHANGES TO THE WEBSITE
a) You accept that Sytner has the right to change the content or technical specifications of any aspect of the Website at any time at Sytner's sole discretion.
b) You further accept that such changes may result in you being unable to access the Website.
c) Sytner may have to suspend the operation of the Website from time to time to carry out maintenance and make upgrades.
14) DATA AND PRIVACY
Sytner shall comply with the Data Protection Act 2018 and its privacy policy as amended from time to time.
15) NO ASSIGNMENT
You may not assign Your rights or delegate Your duties under these Terms.
16) RELATIONSHIP
No agency, partnership, joint venture or employee/employer relationship is intended or created by these Terms.
17) NOTICES
a) 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 Sytner.
b) 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.
18) WAIVER
No waiver by Sytner or of any breach or any obligation arising under these Terms shall constitute a waiver of any breach and no failure by Sytner to exercise any remedy shall constitute a waiver of the rights subsequent to exercises that of any other remedy.
19) SEVERANCE
a) 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.
20) FORCE MAJEURE
a) "Force Majeure Event" means any circumstance beyond the control of Sytner 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.
b) Sytner shall have no liability for any delay or failure to carry out any of Sytner's obligations under these Terms where a Force Majeure Event has occurred.
c) Nothing shall excuse You from any payment obligations under these Terms.
21) GOVERNING LAW AND JURISDICTION
a) These Terms shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the English Courts.
22) THIRD PARTY RIGHTS
a) 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.
23) ENTIRE AGREEMENT
a) 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.
b) 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.
a) The privacy policy describes the information which we may ask You for and in the ways in which Sytner may use that information. It also tells You how to check the information about You which Sytner keeps accurate and how You can instruct Sytner to erase this information from its files. If You are not a registered user, then Sytner does not collect information about You which enables Sytner to identify You personally. Sytner may use "Cookies" to enable it to obtain non-personal information about Your use of the Website as indicated below. A "Cookie" is a text only string of information that a website transfers to the cookie file of a browser on Your computer's hard disk so that the website can remember who You are.
b) By registering as a user You consent to Sytner processing any personal information that You supply as set out in the privacy policy.
c) Sytner complies with the requirements and is notified under the Data Protection Act 2018 (as amended). Sytner confirms that any personal details which You provide to us or which are available to public registers from which Sytner can identify You are held in accordance with Sytner's data protection policy.
d) This privacy policy is subject to change from time to time.
e) When You visit certain areas of the Website, Sytner may ask you for information about Yourself. Sytner will want to know Your name, company name, company address, job-function, telephone number, email address, Fax Number and any other business information. Sytner will not collect any information about You without Your consent. This information will be used only for the following purposes:i) processing any transactions;
ii) for statistical purposes to improve the Website and services to You;
iii) to administer the Website and to notify You of products or special offers which are in Sytner's associated partners provided that may be of interest to You.f) You agree by ticking the box on the registration form that You do not object to Sytner contacting You for any of the above purposes whether by telephone email or in writing.
g) In the event that You do not wish to receive promotional emails from Sytner, please send an email to Sytner notifying that You no longer wish to receive promotional emails.
h) Sytner will not release any personal data to unauthorised third parties without your consent.
i) Your details will be disclosed to Sytner's associated companies and also to other carefully selected third parties. By registering on the Website You consent to Sytner passing on such details the information is kept on a secure server protected from unauthorised third parties.
j) Access to Sytner's service is password protected and behind a strong fire wall. Financial information, if stored, will be stored separately from any other information.
k) Sytner will take reasonable precautions to prevent the loss, misuse or alterations of information You give Sytner. Sytner's agents or contractors who have access to the information given to Sytner in the course of providing services and requiring to keep the information confidential and not permitting to use it for any purposes other than carrying out the services which they are performing for Sytner.
l) If You have given Sytner information about yourself and would like copies of the information please ask to do so.
m) From time to time Sytner make 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.
n) When You view the Website or any advertisements Sytner may store some information on Your computer. This information will be in the form of a Cookie or similar file and will help Sytner tailor the Website or advertisement to match your interest and preferences better.
o) 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.
p) 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.
q) Sytner 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 Sytner You consent to such transfers.
r) You should be aware that if Sytner is requested by the Police or any regulatory or government authority for information concerning Your activities whilst using the Website Sytner will comply with such request without notice to You.
s) This Website may contain certain links to other Websites for which Sytner is not responsible for privacy practices or contents of such Websites. If You have any questions about the privacy policy, please contact Sytner.
