BY CONTINUING TO PLACE AN ADVERT YOU ARE DEEMED TO HAVE READ, UNDERSTOOD, AGREED TO AND ACCEPTED THE WHOLE OF THESE TERMS AND CONDITIONS.
General Terms and Conditions
Use of the racecarsdirect.com web site (The site) is conditional upon you accepting the terms and conditions set out below. If you do not agree to these terms and conditions do not access the racecarsdirect.com web site. All material on the World Wide Web site, located at the Internet address of http://www.racecarsdirect.com, is protected under United Kingdom and International copyright laws. No portion may be copied, reproduced, or redistributed in any manner, whatsoever, without specific consent or licensing from the copyright owners. Any and all other product and company names within may be the trademarks of their respective owners. All rights reserved OFFICIAL DISCLAIMER.
No submitted information shall be rented, sold, or given away to any third party businesses or individuals by the copyright owner. When placing an ad online or submitting an entry to one of our contests, we will never willfully disclose any information about our visitors without first receiving the visitors’ permission.
However, since each ad is publicly viewed, there is no convenient solution to ceasing malicious individuals and "spammers" from using the information in your ad(s) in a manner that you may not agree with. You agree that you will not use the site as a platform to promote your business or services by spamming advertisers in any way using our servers via the contact features within the site. The Company will take all necessary legal steps to pursue spammers to protect our advertisers from illegal spammimg activity this will include being reported to the FTC & ABUSE.NET as well as your own ISP.
Companies which have placed advertising on this site may also collect information about you when you view or click on their graphical ads or text links. We do not have control over the collection of that information. You should contact those advertisers directly if you have any questions concerning your privacy and their advertising.
racecarsdirect.com is a trading name of Race Cars Direct Limited (hereinafter referred to as the Company). The Company grants you a personal, non transferable license to use the the Site to view, read, print, access and download classified advertisements. Advertisements can be entered onto the site subject to the conditions below. The Company may suspend or terminate access to The Site at any time. Should a suspension last more than 4 days, the company shall at it’s discretion either extend the display period for any paid advertisements, or refund any monies paid pro-rata for the part of 28 days that the advert was not displayed. No refunds will be given for individual periods of unavailability of less than 4 days, or for any free advertisements. Payment for chargeable advertisements must be made at the time the advert is placed and before the advert is displayed. Any refund of payments referred to as above or for any other reason, shall be made entirely at the discretion of The Company. Only one vehicle may be entered per advert, or one part offered for sale. Services and general commercial goods may not be advertised for free in the classified section. Goods may not be advertised in more than one section. Adverts displaying links to ebay or other auction sites are not permitted within free adverts and will be removed or amended at the discretion of the company. The item advertised may not be changed without the permission of the company. If a second item is to be advertised, a second advert must be entered. You may not redistribute any content from the site for commercial gain, or to the commercial detriment of The Company, by any means whether electronic or otherwise. The Company retains all ownership, title and interest to the contents, database, copyright and facilities, except as expressly licensed by the company from third parties. The Company accepts no responsibility for the accuracy of any advertisement contained within The Site. The Company accepts no responsibility for any decision or act of any person based on the contents of the site. It is the purchasers’ or prospective purchasers’ responsibility to verify any claims or statements before acting on them or entering into any contract. Advertisers will ensure that their advertisements are legal, decent, inoffensive, honest and truthful. The Company has the right to refuse publication of any advertisement for any reason. The Company may remove published advertisements from The Site at any time if it believes that any of these terms have been breached. The Company reserves the right to modify any advertisement to ensure it meets the conditions of this agreement. The Company does not guarantee insertion, position, or appearance of any advertisement. Advertisers will ensure that all images submitted with advertisements will depict the item being advertised for sale. No images shall depict vehicles or items owned by others. Advertisers must ensure that all images will be free from copyright, and must only be submitted with the photographers’ permission. It is the advertisers’ obligation to ensure that these conditions are met. The Company will remove any advertisement, whether published or not, where it is discovered that false information was submitted on the application form. You agree that you are responsible for the security and use of any user names or passwords needed to access or use The Site. You must take all reasonable steps to ensure that these user names and passwords are kept confidential and secure and you do not allow any unauthorised person to access The Site using your user name or password. The company will accept no responsibility for the operation or content of any third party web sites linked to by The Site. The Advertiser agrees to indemnify The Company in respect of all costs, damages, or other charges falling upon The Company as the result of legal actions or threatened legal actions arising from the publication of the advertisement. The Company will not be responsible for any loss resulting from technical failures, or the inability of you or other users to access the site. In no event will The Company be liable for any direct, consequential, incidental, or special damage or loss of any kind (including without limitation loss of profits, loss of contracts, business interruptions, loss of or corruption to data) however caused and whether arising under contract, tort, including negligence or otherwise. If any exclusion, disclaimer or other provision contained in this Agreement is held invalid for any reason and The Company becomes liable for loss or damage that could otherwise be limited, such liability, whether in contract, negligence or otherwise, will not exceed the amount actually paid by you to The Company. The Company does not exclude or limit liability for death or personal injury resulting from an act negligence of The Company.
ADDITIONAL TERMS AND ‘COMMISSION AGREEMENT’ FOR ADVERTISEMENTS PLACED UNDER THE ‘ADVERTISE FREE – PAY WHEN SOLD’ ‘PREMIER MARKETING SERVICE’ CATEGORY. PLEASE READ CAREFULLY.
Note: There is no fee for placing an advertisement in this category. We charge a modest commission from you the seller when your item is sold and only if to a buyer that has been introduced as a result of our extensive on and off line marketing activities. You are under no obligation whatsoever if your vehicle is sold through other means. This is purely a no sale, no fee agreement.
This ‘Commission Agreement’ is made between Race Cars Direct Ltd. (the Company) and the seller or agent acting on behalf of the seller (the seller). On accepting this agreement the Company will promote for sale your race or rally car, transporter, trailer or motor home OR agreed item (the vehicle) both on the website (racecarsdirect.com) and by other means both on and off line. By accepting this agreement the seller agrees to be bound by the terms of this agreement.
Fees: In the event that the vehicle is sold to a buyer (Buyer) introduced to the seller by the Company by whatever means, then the seller agrees to pay the Company a commission of 5% of the gross sale price. Payments are accepted in US Dollars, Pounds Sterling or Euros and must be paid within 7 days of the sale or transfer whichever is the sooner. Trades in kind or sales where a part exchange has been taken will be considered as a full cash sale and a full commission shall be payable on the fair value of goods transferred by the seller.
The seller agrees to appoint the Company as their agent with the right to offer the vehicle for sale. The seller acknowledges that the actual sale of the vehicle is directly to the buyer. The Company will never hold title to the vehicle and will not offer or provide any of its’ own warranties to any buyer. Any warranties that shall exist shall be between the buyer and the seller only. The vehicle will be offered for sale at a price determined by the seller and this price shall include provisions for the prompt settlement of the commission to the Company. All offers made by prospective buyers will be forwarded to the seller without exception. The seller must notify the Company within 48 hours of the acceptance of an offer. Failure to do so or to mislead or to submit a falsified sale price will subject the seller to a charge equaling 5% of the original asking price. In the event that the vehicle is sold with 12 months after the termination of this agreement to a buyer first introduced by the Company whilst the agreement was in place, then the full commission will be payable to the Company.
The Company will provide a website listing of the vehicle on racecarsdirect.com for the duration of the agreement. The Company will, at the request of the seller, make any corrections or alterations to the advert in a compliant fashion. It should be noted that following the initial placing of an advert by the seller, the advert will be amended so that all enquiries will first be received for vetting by the Company. The Company will use its’ best efforts to bring about a sale of the vehicle which may include the vehicle being advertised in trade magazines and on other websites at the Companies expense. The Company will endeavor to respond within 48 hours to any bone fide enquiry regarding the vehicle.
The seller warrants that they are the true owner of the vehicle or are acting as authorized agent of the vehicles owner. Any encumbrances, liens or leases must be disclosed. The seller will provide the required materials for the listing including up to 15 good quality photographs of the vehicle together with a detailed of the vehicle. It should be borne in mind that the more information provided the more likely a sale will be achieved. The seller agrees to promptly provide any additional information regarding the vehicle that is reasonably requested by the Company. The seller agrees to accept any purchase offer which meets or exceeds the stated selling price. The seller hereby grants the Company unlimited use of any images submitted and warrants that they are copyright free or that the permission of the copyright holder has been given for their use.
The seller shall inform the Company whether the vehicle is being offered for sale in any other media and at the companies request list what steps have been taken to market the vehicle. If the vehicle is not on offer in other media the Company has the right to indicate that it is a media exclusive. The seller shall notify the Company of any change in this offering status. Media exclusivity does not imply that the Company is the exclusive sales agent for the vehicle and the seller shall retain the right to sell the vehicle through independent channels provided any buyer was not first introduced by the Company.
This agreement may be terminated at anytime by either party. In the event of termination by the seller, the Company has the right to register with seller all buyer leads for the purpose of securing its’ commission in the event of a subsequent sale to any of the leads. If the termination is requested by the seller the Company agrees to remove the advert from the website and to cease offering the vehicle for sale.
The seller agrees that the Company shall have no liability to the seller for any loss the seller may incur in connection with this agreement, the website listing or the Company’s efforts on behalf of the seller. The seller agrees to indemnify and hold the Company harmless for any dispute arising from the activities of the Company on behalf of the seller. The seller further agrees that the terms of this agreement are severable. If any terms or provisions are declared invalid, it shall not effect the remaining terms and provisions which shall continue to be binding. The seller agrees that this agreement is the complete and exclusive agreement between the seller and the Company in respect of the advertisement and sale of the vehicle. This agreement supersedes all prior agreements and understandings, whether established by custom, practice, policy or precedent. This agreement may not be amended or varied in anyway except in writing and duly signed by both seller and the Company.
This agreement shall be governed in accordance with the laws of England, Wales and Northern Ireland (United Kingdom) and is subject to additional terms and conditions as detailed below. Any and all disputes should they arise shall be submitted to and settled by the United Kingdom legal system.
