Terms and Conditions

1. Our terms:
1.1 What these terms cover. These are the terms and conditions of the used vehicle auction website. These are the terms and conditions between Trade Vehicle Auctions Limited ("TVA") and the user ("you" or "your") of the used vehicle auction website at www.tradevehicleauctions.co.uk

1.2 Please read these terms and conditions carefully. These terms are to be read in conjunction with the registration process. These terms tell you who we are, how we provide our services and how we may change or end the contract, what to do if there is a problem and other important information.

1.3 By using this website you have agreed to the terms and conditions which includes the Privacy Notice which can be viewed under the Privacy Policy & Cookies Policy section contained within the website.

1.4 We only facilitate sales within the UK. We do not accept any registration outside of the UK.

2. Information about us and who to contact:
2.1 Who we are. We are Trade Vehicle Auctions Limited ("TVA") registered company in England and Wales. Our company registration number is 11985602 and our registered office is Upper Office,      32 Pennine Way, Ashby de la Zouch, Leicestershire LE65 1EW.
2.2 How to contact us. You can contact us by telephoning 01530 449996 or by writing to us at hello@tradevechicleauctions.co.uk or by post at the registered office.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address provided to us in your registration for an account.

3. Our contract with you:
3.1 Definitions
"Buyer Fee" means a fixed fee of £45 plus VAT.
"End Date" means the date and time when the goods auction ends contained with TVA's website.
"Goods" means any vehicle or item available as part of an auction on TVA's website.
"User" includes both buyer and seller who registers an account with TVA.
"Purchase Price" means the Buy it NOW price or the highest bid at the End Date.
"Registration for a trade account" means the registration process via TVA's website.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3.2 Registration. Once you have submitted your registration for a trade account you will be notified by TVA of successful approval of your account to participate within the auction process.
3.3 A seller is a User who wishes to trade dispose of goods using TVA's website.
3.4 A buyer is a User who wishes to purchase goods from a seller using TVA website.
3.5 TVA will not charge a registration fee. TVA will only charge the Buyer Fee when goods are sold at End Date. Should the goods fail to meet the Reserve Price the Buyer Fee will not be collected. There is a discretion for the Seller to agree a different reserve price and upon confirmation between the Seller and TVA payment of the Buyer Fee will be taken from the Buyer.
3.6 It is your responsibility for keeping your username and password confidential and you must notify us immediately if you suspect unauthorised use by a third party by sending an email to admin@tradevehicleauctions.co.uk
3.7 It is your responsibility to update your registration details by visiting TVA's website if any changes to your registration are required.
3.8 In the event of a security breach you will be given the ability to change your email address and password which you must do immediately.
3.9 You will only use the website for proper and lawful purposes which, for the avoidance of doubt, shall include buying and selling goods from time to time.
3.10 You must be over the age of 18 years old to register for a TVA account or participate in the bidding process on the auction website.
3.11 You shall not allow unauthorised individuals to access the website for any improper or unlawful purposes and you are not permitted to transfer your password to another person or entity. TVA reserves the right to cancel your account at its sole discretion for breach of this term.

4. Bidding process:
4.1 Full instructions on how to bid for goods and details of the End Date for each auction will be posted on the website but all bids and transactions will be subject to these terms.
4.2 Any bids made are exclusive of the Buyer Fee.
4.3 The Buyer agrees to pay any VAT cost that may be due to goods that are listed within the description of the goods contained within TVA's website.
4.4 A bid will be deemed to have been placed when such bid is received by TVA's server. A bid is not yet placed when such bid is sent by your server.
4.5 A bid may not be withdrawn after it is placed.

4.6 To be the winning bid the bid must be the highest bid of the auction received by the End Date subject to the provisions contained within clause 3.5 above and must meet any conditions which maybe specific to each auction contained within the description of the goods, including at TVA's discretion, exceeding the reserve price. If additional conditions apply, they will be published within the description of the goods prior to the commencement of each auction.
4.7 TVA will allocate and publish on the website a specific time and date for each good at which point further bids will not be accepted after the End Date. When the auction closes if you have the winning bid the agreement for the purchase of the goods becomes binding on you.
4.8 Should the goods be purchased using the Buy it NOW option then this will end the auction immediately whether or not bids have previously been made.
4.9 TVA reserve the right to remove or refuse bids and/or suspend, cancel or extend auctions at its absolute discretion, including where there are or have been obvious typographical or arithmetical inaccuracies.
4.10 You will use your upmost endeavours to scan or remove any virus or any other contamination or destructive features before submitting any information to TVA.

5. Your right to make changes:
5.1 If you wish to make a change as a Seller to the specification of the goods you are able to do so via completing the description box up until the End Date.
5.2 Should a bid be placed for the goods prior to the description of the specification being altered you are able as a Buyer to make contact with TVA to retract the bid.

6. Our rights to make changes:
6.1 TVA reserves the right to make changes to any part of the process of the auctions. Information will be provided to each registered user prior to implementing any changes to include but not limited to compliance with legislation and technical requirements.
6.2 TVA reserves the right at any time to restrict users accounts, notice will be given along with an explanation via email.

7. Obligations following successful bid:
7.1 Payment of the Purchase Price and collection of the goods must be made directly to/with the Seller within 72 hours of the auction End Date unless prior agreement has been made between the Buyer and the Seller.
7.2 TVA will not facilitate with the collection or payment of the goods.

7.3 The Buyer will be liable for the costs of collecting the goods from the Seller.

7.4 TVA are not liable for any misrepresentation by the Seller of the goods. No refunds of the Buyer Fee will be made to the Buyer from TVA.
7.5 TVA will not engage or assist in any disputes between the Buyer and Seller.

8. Payment:
8.1 Payment of the Buyer Fee is due immediately upon successful purchase of the goods and will be taken with the payment details submitted within your registration.
8.2 If payment is not successful TVA will request additional method of payment. A reasonable admin charge of £20 plus VAT will be payable by you in addition to the Buyer Fee to cover TVA admin costs.
8.3 Where payment is overdue TVA reserve the right to charge interest on late payment in accordance with the Late Payment of Commercial Debt Interest Act 1998 at a daily rate of 8% above the Bank of England base rate.

9. Disclaimers:
9.1 You acknowledge that you have not relied upon any representations made to you by the Seller acting as agent in relation to the goods.
9.2 The goods are previously owned/used vehicles or items and are sold as described within the auction website. All vehicles are sold with all, if any, faults and imperfections and errors. The Buyer should satisfy themselves prior to bidding as to the origin, description, age, durability, completeness, and operability, state and condition of the goods and should exercise and rely on their own judgment as to whether the goods accord with any description are roadworthy and comply with the Road Traffic Act. None of the photographs or illustrations of the goods which the Seller may make available should be relied upon to give an accurate or full description of the state or condition of the goods. Accordingly all conditions and warranties implied by law, trade, custom or practice are hereby excluded except to the extent that such exclusion are prohibited by law.

10. Termination:
10.1 TVA reserves its right to terminate your registration at any time by writing to you, this may include but not limited to:-
a) If you do not make payment when it is due
b) You do not provide us with up to date information in respect of payment.

11. Liabilities:
TVA are not under any circumstances liable for:-
a) Loss of business
b) Loss of profits
c) Loss of data
d) Damage to goodwill
e) Indirect, consequential or specific loss.

12. Intellectual Property, Licences and Download Rights:
12.1 Any and all intellectual property (which shall include patents, invention no-how, trade secrets and other confidential information, registered designs, copyrights, data base rights, design rights, rights affording equivalent protection to copyright, database right and design right, semi-conductor, topography right, trademarks, service marks, logos, domain names, business names, trade names, moral rights and all registrations or applications to register any of the aforesaid items rights in the nature of any of the aforesaid items in any country or jurisdiction rights in the nature of unfair competition rights and rights to sue for passing off subsisting in or use in connection with the website is, and shall remain, the property of the principle.
12.2 You will not acquire any rights or licences in or to the website the intellectual property or any other content other than the limited rights to use the website in accordance with these terms.
12.3 You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, dispute, publish, display, perform, modify, download or in any other way to exploit any part of the website and/or the content.
12.4 Downloading the content is permitted by TVA providing that you retain on such downloads all copyright notices and shall remain bound by the terms of such wording and notices.
12.5 You agree that TVA may use copy, reproduce, distribute, adopt, load, execute, store, transmit, communicate, display, maintain and enhance any data that you provide to it subject to compliance where applicable to the Data Protection Act 2018 and the Cookie and Privacy Policy.

13. Warranties in respect of website content:
13.1 The website and the content provided on an "as is" and "as available" basis by TVA and TVA reserve the right to change, suspend or discontinue with the website at any time.
13.2 Subject to the provisions of these Terms in relation to the facilitation of purchase of goods:
a) all warranties and conditions, whether expressed or implied by statue common law or otherwise as to the accuracy, timelessness or completeness of any information or material on the website are excluded to the extent permitted by law;
b) TVA excludes any liability whether in contract, tort, negligence or otherwise for any incorrect or misleading information on the website except as set out in these Terms;
c) TVA will not be liable to you or any third party resulting from any unauthorised access to the website;
d) TVA will not be liable to you or any third party resulting from your failure to keep security information secret;

e) TVA does not warrant that the website is compatible with your computer equipment or that the website or its server is free from errors, virus, worms, Trojan horses, or other defective code and TVA is not liable for any damage you may suffer as a result of such defective features;
f) TVA 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;
g) TVA is not responsible for the reliability or continued availability of the telephone lines or equipment you use to access the website;
h) TVA does not give any warranty in respect of the state, condition or quality of the goods.

14. Data and Privacy:
14.1 TVA shall comply with the Data Protection Act 2018 and its Cookie and Privacy Policy and applicable as amended from time to time.

15. Notices:
15.1 Any notice shall be given by email to the email address provided on the registration form or such other address that is provided by you to TVA.
15.2 Notice shall be deemed to have been given 24 hours after sending of the email unless the sender receives a response indicating that the message was undeliverable.

16. Waiver:
16.1 No waiver by TVA or of any breach or any obligation arising under these Terms shall constitute a waiver of any breach and no failure by TVA to exercise any remedy shall constitute a waiver of the rights subsequent to exercises of any other remedy.

17. Severance:
17.1 If any part of these terms are held to be invalid, void, unenforceable, the parties agree that the remaining clauses will not be affected and that the clauses in question may be replaced by the lawful clauses that most embodies the other intentions of the parties and the remainder of these Terms will in any event remain valid and enforceable.

18. Variation:
18.1 No variation or alteration of any of these Terms shall be effective unless it is in writing and signed by or on behalf of each party.

19. Force Majeure:
19.1 "Force Majeure Event" means any circumstance beyond the control of TVA 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, riot or civil disturbances, acts of government, lack of power and delays by supplier or material shortages.
19.2 TVA shall have no liability for any delay or failure to carry out any of TVA's obligations under these Terms where a Force Majeure Event has occurred.
19.3 Nothing shall excuse you from any payment obligations under these Terms.

20. Third party rights:
20.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

20.2 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 the Act.

21. Governing Law and Jurisdiction:
21.1 These terms shall be governed by the law of England and Wales and subject to the exclusive jurisdiction of English courts.

22. Entire Agreement:
22.1 These Terms together with the c=documents referred to in it constitute 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.

22.2 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 the 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.