Terms and Conditions
A. DEFINITIONS AND GENERAL PROVISIONS
“CD Auction Group Limited” “we” “us” “our” means: CD Auction Group Limited, St James Road, St James Industrial Estate, Corby, Northants, NN18 8AL, Telephone: 01536 40 99 99, Fax: 01536 40 99 90, Email: firstname.lastname@example.org, Registered in England with number 2354629, VAT registration number GB 638 6117 26.
"Conditions" shall mean these terms and conditions.
“Premises” means CD Auction Group Limited’s premises at St James Road, St James Industrial Estate, Corby, Northants NN18 8AL or such other premises as the Auctioneer may specify from time to time.
“Services” means the auction facility and buy it now facility made available to registered users of the Website
"Website" means the website at www.aviscarsales.co.uk operated on behalf of Avis Budget Group Limited by CD Auction Group or such other website as may be notified by us from time to time.
“you or your” means the person accessing the Website
- If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
- No waiver by us of any breach of these Conditions shall be considered as a waiver of any subsequent breach of the same or any other provision.
- These Conditions shall be governed by the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the English courts.
- Where the context so admits any reference in the Conditions to the masculine gender shall include the feminine, plural and neutral.
- The headings in these Conditions are for convenience only and shall not affect their interpretation.
B. GENERAL INFORMATION
- These Conditions explain how you may use the Website.
- You should read these Conditions carefully before you use the Website.
- By accessing or using the Website or otherwise indicating your consent, you agree to be bound by these Conditions and any documents referred to in them.
- If you do not agree with or accept any of these terms, you should stop using the Website immediately.
- Except as expressly stated otherwise, any notices shall be given by pre-paid post to us at the Premises.
- Notice shall be deemed given 3 days after the date of posting.
- We may amend these Conditions at any time by uploading the amended terms on the Website. All amended terms shall automatically be effective 30 days after they are initially posted on the Website.
- These Conditions do not create any rights or benefits enforceable by any person not a party to it (within the meaning of the Contracts (Rights of Third Parties) Act 1999) except an affiliate company of CD Auction Group Limited shall have the right to enforce any rights or benefits in these Conditions (including as a result of any indemnity, limitation and/or exclusion of liability in these Conditions).
- No consent from the persons referred to in this clause is required to vary or rescind these Conditions (whether or not in a way that varies or extinguishes rights or benefits in favour of such third parties).
C. USE OF OUR WEBSITE
- You may only use our Website if you are over 18 years of age and resident in the United Kingdom.
- You agree that you are solely responsible for all costs and expenses that you may incur in relation to your use of the Website.
- The Website is intended for use only by those who can access it from within the UK. If you choose to access the Website from locations outside the UK or bid for auction lots to be taken to locations outside the UK then you are responsible for compliance with local laws where they are applicable.
- We seek to make the Website as accessible as possible. If you have difficulties using the Website please contact us at email@example.com.
- We may prevent or suspend your access to the Website if you do not comply with any part of these Conditions or any applicable law.
- Any content available on our Website is provided for your general information only and to inform you about us and our Services. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied upon for any purpose
D. USER NAME AND PASSWORD
- Once registered on aviscarsales.co.uk you will be given a unique username and password to gain access to the Services and to view the vehicles for auction or sale on this Website.
- You are solely responsible for keeping your personal user name and password secure and confidential. You should not share, display, disclose or permit your user name or password to be disclosed to any other party.
- You are responsible for use of the Services when access to them is obtained through the use of your user name and password whether authorised or unauthorised.
- You agree not to impersonate any other person or entity or use any false name or use any other person’s user name and password to access the Services.
- If you believe that your user name and/or password has become known to another person or you are aware of any other breach of security regarding the online services, then you must notify us immediately.
- You agree and warrant that you will implement and comply with the above procedures.
- We reserve the right to withdraw user names and passwords at any time without notice and in our sole and absolute discretion including but not limited to where we have reason to believe that such user name and password have been discovered and/or used by any person or organisation other than you.
E. ACCESS TO WEBSITE
- We shall endeavour to ensure that this Website is normally available 24 hours a day, however, we will not be liable if for any reason this Website is unavailable at any time or for any period.
- Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our reasonable control.
- The Website may contain hyperlinks or references to third party websites. These are provided for convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to a third party website does not mean that we endorse that third party’s website, products or services and your use of such websites may be governed by the terms and conditions applicable to those websites.
F. INTELLECTUAL PROPERTY RIGHTS
- We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. You are granted a limited licence to access and use this Website solely for the purposes of use connected with the Services. All contents of this Website including, but not limited to, the text, graphics, links and sounds are owned or licensed by us and may not be copied, downloaded, distributed or published in any way without our prior written consent, except that you may print, copy, download or temporarily store extracts for your personal information or when you use the Services.
- You are not permitted to use any of our trademarks or service marks whether registered or unregistered without our prior written consent. You may not use any "metatags" or any other type of hidden text that uses any trademarks or service marks without our prior written consent.
- Nothing in these Conditions grants you any legal rights in the Website other than as necessary to enable you to access the Website. You agree not to adjust (to try and circumvent) or delete any notices contained on the Website and in particular any digital rights or other security technology embedded or contained within the Website.
- Any information provided by this Website may not be disclosed, reproduced, copied or sold for any commercial purpose other than for obtaining the Services via this Website.
- In relation to any information, materials or other content that you submit to us via this Website, you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use and reproduce such information, ideas, know-how, concepts, techniques and materials for any purpose, including without limitation, the copying, transmission, distribution and publication unless restricted by applicable law. You represent and warrant that you own or otherwise control all of the intellectual property rights and information, materials or other content that you submit or post via this Website.
G. LIMITATION OF LIABILITY
- Except for:
- death or personal injury caused by our negligent acts or omissions (or those of any of our employees or agents);
- fraud or fraudulent misrepresentation;
- breach of any of the provisions implied into these terms and conditions under the Sale of Goods Act 1979 (or any other law);
we will only be liable for any loss or damage that is a reasonably foreseeable consequence of a breach of these Conditions. Losses are foreseeable where they could be contemplated by you and us at the time these Conditions are entered into. We are not responsible for indirect losses that happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or loss of opportunity).
- We will obtain personal data about you (such as your name, address) whenever you complete an online form.
Occasionally we may receive information about you from other sources (such as credit reference agencies), which we will add to the information we already hold about you in order to help us promote our Services to you.
How we use your personal data
We will use your personal data for the purposes described in the data protection notice that was given to you at the time your data were obtained. These purposes include:
- to help us identify you and any accounts you hold with us;
- research, statistical analysis and behavioural analysis;
- customer profiling and analysing your purchasing preferences;
- marketing—see 'Marketing and opting out', below;
- fraud prevention and detection;
- identification requirements—see 'Identification requirements', below;
- customising this Website and its content to your particular preferences;
- to notify you of any changes to this Website or to our services that may affect you;
- security vetting; and
- improving our services.
Marketing and opting out
We will only contact you by email or phone about our Services if you have asked us to do so. If you have changed your mind and would prefer us not to contact you, then you can opt out at any time. See 'Your rights' below for further details.
Disclosure of your personal data
We may disclose your personal data to:
- other companies within our group;
- our agents and service providers;
- credit reference agents – see 'Identification requirements', below;
- law enforcement agencies in connection with any investigation to help prevent unlawful activity; and
- our business partners in accordance with the 'Marketing and opting out' section above.
Keeping your data secure
We will use technical and organisational measures to safeguard your personal data, for example:
- access to your account is controlled by a password and username that are unique to you;
- we store your personal data on secure servers;
- payment details are encrypted using SSL technology;
While we will use all reasonable efforts to safeguard your personal data, you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal data that are transferred from you or to you via the internet.
We may monitor and record communications with you (such as telephone conversations and emails) for the purpose of quality assurance, training, fraud prevention and compliance.
- The Anti-Money Laundering Regulations in the UK require us to check your identity. In order to verify the information you provide we may make searches about you with a credit reference or fraud prevention agency; this will include information from the electoral roll.
- The agencies will record the details of the search. Scoring methods may be used as part of this process. We may ask you to supply at least one original document of confirmation of your identity (such as a passport), address (such as a recent utility bill) or both which we will use along with any electronic checks we may perform using the services of a credit reference or fraud prevention agency. In the case of a limited company we will also carry out a search at Companies House.
- Any documents provided to us will be recorded and copied for audit purposes as part of our anti money laundering requirements.
We may be required by statute to make a disclosure to the National Crime Agency where we know or suspect that a transaction may involve money laundering or terrorist financing. If we make a disclosure in relation to your matter, we may not be able to tell you that a disclosure has been made. We may not be able to sell a vehicle to you and may not be able to tell you why.
You have the right, subject to the payment of a small fee (currently £10), to request access to personal data that we may process about you. If you wish to exercise this right, you should:
- put your request in writing;
- include proof of your identity and address (eg a copy of your driving licence or passport, and a recent utility or credit card bill);
- attach a cheque in the amount of £10 made payable to CD Auction Group Limited; and
- specify the personal data you want access to, including any account or reference numbers where applicable.
You have the right to require us to correct any inaccuracies in your data free of charge. If you wish to exercise this right, you should:
- put your request in writing;
- provide us with enough information to identify you (eg account number, username, registration details); and
- specify the information that is incorrect and what it should be replaced with.
You also have the right to ask us to stop processing your personal data for direct marketing purposes. If you wish to exercise this right, you should:
- put your request in writing (an email sent to firstname.lastname@example.org with a header that says 'Unsubscribe' is acceptable);
- provide us with enough information to identify you (eg account number, username, registration details); and
- if your objection is not to direct marketing in general, but to direct marketing by a particular channel (eg email or telephone), please specify the channel you are objecting to.
- obtain information about your preferences, online movements and use of the internet;
- carry out research and statistical analysis to help improve our content and Services and to help us better understand our customer requirements and interests;
- target our marketing and advertising campaigns and those of our partners more effectively by providing interest-based advertisements that are personalised to your interests; and
- make your online experience more efficient and enjoyable.
How to turn off cookies
- If you do not want to accept cookies, you can change your browser settings so that cookies are not accepted. If you do this, please be aware that you may lose some of the functionality of this Website. For further information about cookies and how to disable them please go to: www.aboutcookies.org or www.allaboutcookies.org.
J. OUR CONTACT DETAILS
We welcome your feedback and questions. If you wish to contact us, please send an email to email@example.com or you can write to us at our Premises or call us on 01536 409999. Our registered office is at the Premises.