Last Updated on 16th April, 2019
The “Dealer to Dealer” Website is comprised of various web pages operated by Inch Motors Limited.
The terms ‘Dealer to Dealer” , ‘ ‘us’ or ‘we’ or “our” refers to the owner of the website, Inch Motors Limited, whose company number is 608993 and whose registered office is Ormond Building, 31-36 Ormond Quay Upper, Dublin 7, Ireland. The term ‘you’ refers to the user or viewer of this website.
These terms (along with the documents it refers to) informs you of the terms and conditions of Inch Motors Limited for users of this site. Please read these terms carefully.
This is a legal agreement between Inch Motors Limited and the user (“you” or “your” or “buyer” or “seller”) of the used vehicle auction website at www.dealer2dealer.ie. Please read the following terms and conditions carefully.
Annual Subscription Fee: shall mean the annual fee to be paid by the Bidder and the Seller as membership of the Website, as set from time to time and located on the Website.
Bidder: shall mean the users who bid for the Goods on the auction.
Buyer: shall mean the Bidder who wins the auction.
Auctioneer: shall mean the person authorised to sell goods of other persons at public auction.
Goods: shall mean the vehicles and/or items for sale on the Website.
Membership Criteria: shall mean the criteria for the membership of the Website as stated on the Website.
Purchase Price: shall mean the price of the winning bid as bid by the Buyer.
Seller: shall mean the trade dealer who is advertising and selling the Goods on the Website.
Services: shall mean the advertisement of the Goods for sale on the Website and the bidding on the Goods for sale on the Website.
Terms: shall mean these terms and conditions.
Website: shall mean the “Dealer to Dealer” website at www.dealer2dealer.ie.
- Status of these Terms
2.2 We may alter, vary or modify these Terms and Conditions without your consent. We will however use reasonable endeavours to notify you of any changes made to these Terms and Conditions. Should we fail to notify you of any amendments to these Terms and Conditions you shall have no right to terminate this agreement or hold us liable for any loss suffered by you. You agree to check these Terms and Conditions before you bid on the Goods and before you advertise Goods on the Website.
3.1 Should you wish to advertise Goods for sale on the Website you agree to the following:
- a) You agree that you are the owner or have the right (licence) to use the pictures, logos and text used to advertise the Goods and that in uploading this intellectual property to our website you are providing us with a licence to use the same;
- b) You are the owner of the goods and/or vehicle or have authority from the owner to sell the Goods in accordance with the Sale of Goods and Supply of Services Act 1980; Therefore the Seller warrants to the Auctioneer that good title to the goods and/or vehicle concerned will pass to the Buyer.
- c) You agree to sell the vehicle should it reach or best its reserve price;
- d) You agree that the description of the Goods uploaded by you to the Website accurately describes the Goods; furthermore you agree to indemnify Inch Motors Limited against all claims, losses and/or damages in respect of the description of the Goods.
- e) We reserve the right to refuse to accept any vehicle in its auction or sale. We (unless otherwise expressly announced) give no warranty as to the Seller’s title or right to sell, each entry being accepted in good faith and without knowledge as to any defect in the Seller’s title.
- f) Where the Seller books the vehicle into auction for sale and then withdraws the vehicle within 12 hours prior to the auction taking place, the Seller will be charged Euro 100.00 withdrawal fee.
- g) Where the Seller books the vehicle into auction for sale and/or uses the website to advertise the sale of a vehicle and the vehicle is sold within the terms agreed, the Buyer agrees to pay the fee agreed upon prior to the sale of the vehicle.
4.1 Full instructions on how to bid for the Goods and details of the expiry date and time for each auction will be posted on the Website and all bids and transactions shall be subject to these Terms.
4.2 A bid may not be withdrawn after it is placed.
4.3 No person may submit a bid for the Goods which is less than the sum specified from time to time by Dealer to Dealer in relation to those Goods.
4.4 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 detailed alongside the description of the Goods prior to the commencement of each auction listing.
4.5 When you bid on the Goods you are agreeing to purchase those Goods for the price you bid in the event that you are the highest Bidder. Once a bid has been accepted you are legally bound to complete the transaction and pay the Purchase Price.
4.6 The successful Bidder must pay for the Goods within 48 hours, payment shall be made directly to the Seller and in accordance with their terms and conditions.
4.7 Title to the Goods shall pass when the successful Bidder pays for the Goods.
4.8 The Seller reserves the right to end an auction listing at any time without prior notification to the Bidders however the Seller must immediately notify us (subject to clause 4.9 and 4.10).
4.9 In the event that the Seller ends an auction listing early which has met the reserve price (and fails to sell the Goods to the highest Bidder) the Seller shall be liable to pay the Withdrawal Fee as stated at 3.1 (f).
4.10 If you are the highest bidder and the reserve price is not met the Seller may contact you to accept or discuss your bid for the Goods.
4.11 We reserve the right to refuse or remove bids and/or suspend, cancel or extend auctions at our absolute discretion, including where there are or have been obvious typographical or arithmetical inaccuracies.
4.12 If your bid is successful, the Seller will confirm by email or telephone together with dates and time for collection of the Goods and acceptable payment methods.
4.13 We are not obliged to assist in any disputes between Seller and Bidders.
4.14 Intelligent bidding allows you to submit your maximum bid on a vehicle listing and it will bid up to this figure on your behalf. If the maximum bid placed exceeds that of the reserve price set by the selling dealer the system will only take the reserve price figure and display a reserve met status on the vehicle listing. Bids will then increase up to your maximum bid as subsequent bids are placed.
4.15 Each vehicle entered and accepted shall be auctioned individually and specifically and bids shall not be accepted for more than one vehicle at a time.
4.16 In connection with using or accessing the services, the Buyer will not fail to pay for items purchased, unless the Buyer has a valid reason such as the Seller has materially changed the item’s description after your bid or you cannot contact the Seller. [AGENT ADD LINK TO “UNPAID ITEMS POLICY”]
- Your Obligations:
5.1 You agree to provide further information if required in relation to your registration on this website.
5.2 We reserve the right to block your access to use the “Dealer to Dealer” Website if there are reasonable grounds for suspecting you do not fulfil the criteria for membership (as stated on the Website) of the Website or have otherwise breached these Terms.
5.3 It is your responsibility to notify us immediately of any changes to your registration details by emailing: firstname.lastname@example.org.
5.4 On registration you will be asked to select a username and password.
5.5 You are responsible for the use and security of your password and username and for ensuring compliance with these Terms.
5.6 Where you are given a user ID, password or any other piece of information as part of Dealer to Dealer security procedures, that information must be kept confidential and you must not disclose it to any third party. You are responsible for keeping your password and username confidential and must notify us immediately if you suspect unauthorised use by any other third party. You are responsible for ensuring that all persons accessing the site through your internet connection are aware of these terms and that they comply with them. You are responsible for any transactions undertaken via your account by any third party.
5.7 In the event of a security breach, you will be given the ability to change your username and password which you must do immediately.
5.8 You are responsible for taking all measures necessary in order for you to gain access to the website. You are responsible for all costs and charges (including without limitation internet and telecommunication charges) in accessing the Website.
5.9 You shall not allow authorised 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.
5.10 You shall not permit any person under the age of 18 to participate in an auction on the Website.
5.11 You will use your best endeavours to scan or remove any virus or any other contaminated or destructive features before submitting any other information to the Website.
5.12 You agree that your membership of the Website is based on you complying with the terms of the Membership Criteria. Should Dealer to Dealer reasonably suspect that you do not fulfil the Membership Criteria Dealer to Dealer Ltd reserves the right to suspend and block your access to the Website and retain your Annual Subscription Fee.
5.13 You will not take any action that may undermine the feedback or ratings system of this website.
5.14 Access to this site is allowed on a temporary basis and Dealer to Dealer reserves the right to withdraw or amend the service and/or our site without notice. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted.
5.15 You agree that we may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our services. Additionally, we reserve the right to refuse or terminate all or part of our services to anyone for any reason at our discretion. [AGENT INSERT LINK HERE TO “MINIMUM PERFORMANCE STANDARDS POLICY”]
5.16 When a Buyer or Seller issue arises, we may consider the user’s performance history and the specific circumstances in applying our policies. You agree that we have the right to choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.
6.1 The Seller shall make available the terms of delivery to the Bidder at the Bidders request and/or at our request.
6.2 Property in a vehicle shall not pass to the Buyer until the Buyer has made payment in full for such vehicle.
6.3 The Buyer shall at his own expense collect or make arrangements for the delivery of the Goods at his own expense.
6.4 The Goods shall only be collected or delivered (as appropriate) when the Seller has received clear funds of the Purchase Price.
6.5 The Buyer shall collect or have the Goods delivered in accordance with the terms of the Seller.
6.6 We do not accept any responsibility for the loss of, or damage to, any vehicle or other property, during the sale and the delivery of any vehicle or other property and there shall be no claim against us in respect of any injury sustained or any accident which may occur from any cause whatsoever.
6.7 In connection with using the services the Seller will not fail to deliver items sold unless the Seller has a valid reason such as the Buyer fails to comply with the posted terms on the website listing or the Seller cannot contact the Buyer.
- Payment & Fees:
7.1 All Goods must be paid for in cleared funds in Euro currency within 48 hours, by agreement to the Seller, as set out in the invoice for the vehicle. The method of payment is decided by the Seller and paid directly to the Seller and shall be clearly stated on the advertisement prior to the sale of the Goods.
7.2 In the event that payment is not received within 48 hours the Seller reserves the right to treat the bid as having lapsed and offer the Goods to other parties.
7.3 In the event that the Buyer fails to pay the purchase price in accordance with clause 7.1 the Buyer shall be liable for:
- a) the full Purchase Price due to breach of contract; and/or
- b) an administrative fee of Euro 300.00 plus VAT being the cost to set up a new auction on behalf of the Seller and to deal with any complaints of the Seller.
- c) Please refer to our Unpaid Items Policy. [AGENT PLEASE INSERT LINK TO “UNPAID ITEMS POLICY”
7.4 Where any vehicle being offered for sale is in such a condition as to make unlawful its use upon the road, or in respect of which there is a defect which at the time of sale would render the said vehicle a danger to the public, including persons travelling in such vehicle, there shall be deemed to be incorporated into the contract between the Seller and the Buyer a term that the vehicle will not be used and is not intended for use in the condition in which it is sold to the Buyer, together with an undertaking on the part of the Buyer that the vehicle will not be used on the road, or in any way in contravention of the requirements in these or in any other respects imposed by the Road Traffic Acts 1961 and 1968 and the regulations and bye-laws made thereunder or otherwise by law, and that the Buyer should satisfy himself in regard to such matters prior to the use of the vehicle on the public road.
7.5 The Seller and Buyer are responsible for obtaining all certificates, permits or other authorisations necessary before the Goods can be used on any road or elsewhere.
7.6 The Buyer shall be liable for any taxes arising with the supply of the Goods.
7.7 If any vehicle entered for sale is not sold by auction but it is subsequently sold by the Seller or his agent as a result of website advertisement, any person, firm or corporate body, involved or whose servant or agent is involved in the sale, that sale shall be deemed to have been effected by us, as agent for the Seller, and commission shall be due to us upon such a sale. We shall not be liable in any way whatsoever regarding such a contract and the Seller and the Buyer shall have no rights of action, except as against each other, in respect of any representation whether express or implied or any rights of action, except as against each other, in respect of any representation whether express or implied, or any rights or liabilities whether express or implied by common law, statute or otherwise in connection with or arising from such sale of or legal ownership in the vehicle.
7.8 The fees charged for using our services are listed on our Standard Selling Fees page. We may change our seller fees from time to time by posting the changes on the “Dealer to Dealer” website 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
7.9 If you are a seller, you are liable for transaction fees arising out of all sales using some or all of our services, even if sale terms are finalised or payment is made outside the “Dealer to Dealer” website. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of the “Dealer to Dealer” website, you may be liable to pay a final value fee appliable to the vehicle and/or Goods, even if the item does not sell, given your usage of our website and/or services for the introduction to a buyer.
7.10 You must have a payment method on file when selling through the website and pay all fees and applicable taxes associated with our services by the payment due date. If your payment method fails or your account is past due, we may collect amounts owed by charging other payment methods on file with us, retain collection agencies and legal counsel, and, for accounts over 60 days past due, request that Paypal deduct the amount owed from your Paypal account balance. In addition, you will be subject to late fees. We, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report.
7.11 Seller fees do not purchase exclusive rights to item exposure on our website, whether on a web page, mobile app, or otherwise. We may, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers, display third-party advertisements (including links and reference thereto) or other content in any part of our services.
8.1 Nothing in these Terms shall operate to exclude or restrict either party’s liability for:
- a) Death or personal injury resulting from negligence;
- b) Breach of the obligations arising from the Sale of Goods Act 1980; or
- f) Fraudulent misrepresentation.
8.2 You acknowledge that you have not relied upon any representation made to you by us, our employees or agents in relation to the Goods unless such representation has been confirmed in writing prior to auction.
8.3 The Goods are previously owned vehicles and are sold as seen. 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 accord with any description. None of the photographs or illustrations of Goods available should be 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 8.1 above and except to the extent that such exclusion is otherwise prohibited by any law.
8.4 The Seller hereby agrees that he is liable for all information (including photos) that he uploads/provides to the Website including but not limited to any false or misleading information or photos.
8.5 The Seller agrees to indemnify Inch Motors Ltd against all claims, losses, damages, legal fees and consequential loss as a result of the information it provides or uploads (in accordance with clause 8.4) to the Website.
8.6 The Seller agrees to indemnify Inch Motors Ltd against all claims, losses, damages, legal fees and consequential loss made by the Buyer or any third party in respect of the vehicle’s road worthiness and safety.
8.7 The Buyer acknowledges and agrees that in the event of an accident caused by a fault with the car which results in a claim being made, the Seller is the correct defendant in this matter and not Inch Motors Ltd, who operate the website.
8.8 We shall not in any circumstances be liable for any indirect special or consequential loss or damage or any loss of profits, business opportunities, or damage to goodwill (whether such losses are direct or indirect) to either party.
8.9 All the parties agree that we are acting solely as auctioneer and shall not be liable and shall not be deemed to have given any warranties in respect of the Goods or services supplied hereto. In addition, no express or implied warranties or representations are given by us, whether as agents or otherwise as to the condition, mileage or description of the vehicle notwithstanding the grading of any vehicle or description in any published catalogue, advertisement or window displays. We do not guarantee the odometer or clock reading on any vehicle. No representation is made as to the past use of any vehicle. Descriptions, information and previous sale information posted on the site are not intended to amount to advice on which reliance should be placed. We, therefore, disclaim all liability and responsibility arising from any reliance placed on the website by any visitor to the website or anyone who may be informed of any of its contents. Our website may contain inaccuracies or typographical errors. We will not be liable for any such inaccuracies.
8.10 If any warranty or representation shall be found to have been made inadvertently and in good faith, by us, arising solely and exclusively from announcement based on information provided by the Seller and/or stated by the Seller on the entry form, then such warranty or representation shall be deemed to be a warranty or representation by the Seller who shall at all times indemnify us from and against any liability.
8.11 The Buyer must be satisfied as to the actual condition of its vehicle prior to commencement of bidding. By the act of bidding the Buyer shall be deemed to have inspected the vehicle purchased and to have accepted the vehicle in its then condition in all respects including all its faults and defects of whatever nature (if any). Any express or implied condition or warranty whether arising by custom, common law or by reason of the provisions of any statute with regard to the description of suitability or fitness for purpose, merchantable quality or road worthiness of the vehicle is expressly excluded.
9.1 You agree that should any liability to you arise, your sole remedy in respect of any claim in relation to the Goods, however such claim arises, shall in all cases be limited to the price paid for the Goods, and shall only be available if the Goods have not been reused.
10.1 Without prejudice to statutory or other rights afforded to consumers the information and materials contained in this website including without limitation text, graphics and links are provided on an ‘as is’ and “as available” basis with no warranty and in particular we do not represent or warrant that the information accessible via this website is accurate, complete or current, or that use of this website is free of risk of viruses or other damage.
10.2 Price and availability information listed on the website is subject to change.
10.3 Subject to the provisions of these Terms in relation to the purchase of Goods:
- a) We do 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 we are permitted by law;
- b) We exclude 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;
- c) We shall not be liable to you or any third party resulting from any unauthorised access to the Website;
- d) We do 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 trojans and we are not liable for any damage you may suffer as a result of such destructive features;
- e) We 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
- f) We are not responsible for the reliability or continued availability of the telephone lines or equipment you use to access the Website.
10.4 The parties agree that these warranties are reasonable and agree to be bound by them.
- Data and Privacy:
- Changes to the Website:
12.1 You agree that we have the right to change the content or technical specifications of any aspect of the Website at any time at our sole discretion for the purposes of (but not limited to):
- a) upgrading the software;
- b) upgrading the Website content;
- c) removing malicious software;
- d) resolving/repairing any third party hacks;
- e) improving the technical specifications of the Website;
- f) general maintenance;
- g) making reasonable alterations to the Website.
12.2 We may have to suspend the operation of the Website from time to time for maintenance and required upgrades. You agree that such changes may result in you being unable to access the Website for a period of time and that we shall in no way be liable for any loss, claim, damages or other liability suffered to you as a result of you being unable to access this site in accordance with clause.
- Intellectual Property:
13.1 The Website including but not limited to text, content, software, 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 Inch Motors Ltd, which is either owned by Inch Motors Ltd. or licensed to it by third parties (Intellectual Property).
13.2 You will not acquire any rights or licences in or to the Intellectual Property on the Website.
13.3 You may not copy, reproduce, recompile, decompile, disassemble, reverse, engineer, distribute, publish, display, perform, modify and/or download, to create derivative work from transmitted communicative or any other way to exploit any part of the Website and/or the content.
13.4 Downloading the content is permitted by us provided that:
- a) You make no more than one printed copy of such download and no further copies of such printed copies are made and this copy is for your own private use; You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- b) You retain on such downloads and/or printed copies all copyright notices and shall remain bound by the terms of such wording and notices. Our status (and that of any contributors) as the authors of content on our site must always be acknowledged. If you print off, copy or download any part of our site in breach of these terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. All materials, trademarks, trade names and designs contained on the website are our property or used under licence by us.
13.5 You agree that we may use copy, reproduce, distribute, adopt, load, execute, store, transmit, communicate, display, maintain and enhance any data/information you provide to it subject to compliance with fair collection notices and with the Data Protection Act 2018 generally.
14.1 In respect of any notices required to be sent in accordance with the terms and conditions herein, the same shall be sent by email to the email address provided on the registration form, for the time being: [AGENT INSERT EMAIL ADDRESS] or such other address as is provided by you to us.
14.2 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 in which case the e-mail is deemed not to have been delivered.
14.3 In the event that an email failed to be delivered in accordance with clause 14.2 all notices shall be sent to the parties registered office address (if applicable) or last known postal address for correspondence.
You may not assign your rights or delegate your duties under these Terms and Conditions.
16.1 No agency, partnership, joint venture or employee/employer relationship is intended or created by these Terms.
16.2 You agree that Inch Motors Ltd provides an auction website (the Website) and shall in no way be party to the contract for the sale or purchase of the Goods by any member and furthermore, Inch Motors Ltd shall under no circumstances be liable for any representation made on the Website.
16.3 In addition, we act in the sale of the vehicle as agent only and are not responsible for any default by either the Buyer or the Seller. We shall not be liable in any way whatsoever regarding such a contract and the Buyer and Seller shall have no rights of action, except as against each other, concerning any matter arising from the sale of or legal ownership in the said vehicle.
No failure to exercise or delay in exercising any right or remedy provided under this agreement, or by law, by us constitutes a waiver of such right or remedy or shall prevent any future exercise in whole or in part thereof.
If any provision in these terms and conditions is held by any competent authority to be invalid or unenforceable, in whole or in part, the validity of the other provisions, and the remainder of the provision in question, shall not be affected.
- Third Party Websites:
Where this website contains links to other websites that are owned and operated by third parties we make no representations with regard to the content of those websites and accept no responsibility in respect of the accuracy, legality, decency or relevancy of those websites and we reserve the right in our absolute discretion to terminate the link to any third party websites.
- Governing Law and Jurisdiction:
Your use of this website and any dispute arising out of such use of the website is governed by Irish Law. You and Inch Motors Ltd both agree that the Courts of Ireland will have exclusive jurisdiction in any matters relating to and arising out of use of this website.
If you are a business, these terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Irish Law. We both agree to the exclusive jurisdiction of the Courts of Ireland.
- What you may use our website for:
You may only use our website for lawful purposes. You may not use our site;
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way;
- to send, knowingly receive, upload, download, use or re-use any material which is illegal, inappropriate or otherwise contrary to general standards of decency;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
You also agree:
- Not to produce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms;
- Not to use any robot, spider, scraper, data mining tools, data gathering and extraction tools or other automated means to access our services for any purpose, except with the prior express permission of Inch Motors Ltd.
- Not to interfere with the working of our services, or impose an unreasonable or disproportionately large load on our infrastructure.
- Not to misuse our site by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attack our site via a denial of service attack or a distributed denial of service attack. By breaching this provision you are committing a criminal office under the Criminal Damage Act 1991 and/or as a form of dishonesty under the Criminal Justice (Theft and fraud Offences) Act 2001. We will report any such breach to the relevant law enforcement authorities and we will co-operate with the law enforcement authorities in disclosing your identity to them. In the event of such a breach, your access will cease immediately to any part of our site, any equipment or network on which our site is stored, any software used in the provision of our site or any equipment or network or software owned or used by any third party.
- Entire Agreement:
22.1 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.
22.2 We reserve the right to add additional conditions of sale to any sale it conducts. It also reserves the right to modify or withdraw any of the above conditions. In such circumstances, additions, modifications or withdrawals will be announced at the commencement of the auction or any time during the auction.
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 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.
Unpaid Items Policy
- To make sure the “Dealer to Dealer” website is a place where sellers want to do business, and to manage buyer expectations, our unpaid items policy sets out our rules around paying for items after a buyer has won an auction or agreed to make a purchase. When a Buyer does not pay, it costs the Seller time and money.
- If you submit a bid in an auction, the Buyer is committing to pay for the item and you are making an irrevocable offer to enter into a binding contract to buy that vehicle if your bid is accepted. If the Buyer fails to complete the purchase for any reason, the Buyer will be subject to additional fees and charges.
- In the event that the Buyer fails to pay the purchase price in accordance with clause 7.1 of the User Agreement (Terms & Conditions), the Buyer shall be liable for:
- a) the full Purchase Price due to breach of contract; and/or
- b) an administrative fee of Euro 300.00 plus VAT being the cost to set up a new auction on behalf of the Seller and to deal with any complaints of the Seller.
- The Seller may contact us and submit a formal complaint within four days of the auction. The Seller will notify us of attempts to contact the Buyer & attempts to resolve the issue. If the issue is not resolved, we will contact the buyer on your behalf.
- If the matter is not resolved we may record the unpaid item on the buyer’s account.
- Excessive unpaid items or cancelled transactions on a Buyer’s account may result in a range of consequences, including restrictions on and/or loss of buying privileges resulting in the Buyer’s account being suspended. Even if the Buyer does not have excessive unpaid items, we may limit your buying until you have established a good buying history or paid for the goods you have committed to.
Minimum Performance Standards Policy
We always want to ensure buyers have a great experience on the “Dealer to Dealer” website. To help ensure this, we’ve put in place minimum performance standards for areas within a seller’s control, such as handling time and prompt problem resolution.
We evaluate your performance every month. If you’re not meeting our minimum performance standards, we may place buying and selling restrictions on your account. We want you to be a high performing seller and provide the best service possible to your customers.
We expect sellers to consistently provide service that results in a high level of buyer satisfaction. This includes setting and meeting buyer expectations by providing excellent customer service from beginning to end. If you do not meet buyers’ expectations, it can lead to restrictions on your account or suspension of your account.
As a seller, you’re expected to (a) Promptly resolve customer issues (b) Transfer goods within your specified handling time (c) Charge reasonable handling costs (d) Specify costs and handling time in the listing (e) Respond to buyers’ questions promptly (f) Be helpful, friendly, and professional throughout a transaction and (g) Make sure the goods are delivered to the buyer as described in the listing
To meet our minimum standard, you can only have:
- a) Up to 2% of transaction defects over the most recent evaluation period, such as delivery after the estimated delivery date. To qualify as a Top Rated Seller, you can only have up to 0.5% of transaction defects over the most recent evaluation period. The defect rate won’t affect your seller performance status until you have transactions with defects with at least 5 different buyers, or at least 4 different buyers to impact Top Rated status, within your evaluation period.
- b) You can have a maximum of 0.3% of cases without seller resolution over the most recent evaluation period. That means that the buyer reported the issue to us and/or the buyer asked us to step in and help, and we found you responsible. A case closed without seller resolution is any case the seller is unable to resolve with the buyer prior to the buyer asking us to step in and help with the transaction. The number of cases closed without resolution is an important indicator of how well a seller may be meeting buyer expectations.
To measure your overall performance accurately, we look at your performance as a whole. We also consider a buyer’s pattern for making complaints, seeking our assistance in a resolution and leaving low detailed seller ratings.
If you don’t meet the minimum performance standards, we may put limits on your selling activity or lower your search placement until your performance improves. We may also restrict, limit or suspend you from selling goods on the Dealer to Dealer website if your performance falls significantly below the minimum requirements. If your account does not meet the standards, you need to resolve all issues on the account before buying or selling with other accounts, you cannot register for a new account, we may charge higher fees for your involvement with and use of the Dealer to Dealer website.