Terms and Conditions

THE AGREEMENT
By placing an order for a listing of your vehicle on this website and in consideration of the Company supplying this facility the Customer hereby agrees to the following terms and Conditions:

DEFINITION OF TERMS
The Company means Taymart Ltd and / or SimplyAllCars®
The Customer or Seller means the person or organization placing an order for the listing of their cars or other vehicles on this site
The Buyer means any potential buyer, renter etc. using, or registering as such on, this website.

EFFECTIVE DATE AND TERM OF AGREEMENT
These Conditions will take effect upon the earlier of the date of order by the Customer or the date of acceptance by the Company of a Customer order and will continue until the end of the contracted period in the order.

PRIVACY AND SECURITY POLICY
The Company's policy on privacy and security, which should be read in conjunction with this Agreement, is set out in the Privacy and Security Policy Document which may be accessed by clicking on the appropriate button. A copy of this policy document may be printed or downloaded by the Customer or Buyer.

ADVERTISING POLICY
The Company's policy regarding the placing of advertising, which should be read in conjunction with this agreement, is set out on the Advertising Policy document which may be accessed by clicking on the appropriate button. A copy of this policy document may be printed or downloaded by the Customer or Buyer.

PRICES
The prices for the services offered by the Company displayed on the Company's website(s) are the prices applicable to orders placed and accepted based on the then current website, and include VAT where applicable.

PLACING AND ACCEPTANCE OF ORDERS
An order is placed by the Customer completing the Personal and Vehicle Registration Forms and the Order page. The acceptance of the order is confirmed by the Company advising the Customer on-line or by e-mail of a reference number for the advertisement in respect of the vehicle registered.

PAYMENT TERMS
Orders placed with the Company must be prepaid before the vehicle can be placed on the listings and the preferred method is by PayPal or Debit or Credit Card. The Company uses PayPal as its collection banker and the cards accepted by PayPal are shown on their payment screens. Most major cards are accepted.

Most major currencies are accepted via PayPal and these are shown on their website.

There is no charge for making a payment from or by PayPal either for PayPal Account holders or for Debit and Credit card payments made by non PayPal purchasers. Your card supplier may charge for these payments.

Where time sensitive offers or promotions are provided by the Company then the period covered by payment of the listing fees will take into consideration the free or delayed period so created in accordance with the terms of the individual offer or promotion.

CUSTOMERS OBLIGATIONS
Customers agree to follow the instructions for Registration shown on the Forms, to use only clean virus etc. free systems to access our site(s), to establish a password for security of entry and amendment of the personal or vehicle details, and to pay for the order by one of the offered methods ensuring there is sufficient credit available to cover the payment and to pay charges arising as a result of any shortfall of funds. For these purposes the address supplied by the Customer must be that confirmed by the Card companies or banks utilized. The Company reserves the right to suspend the listing of the vehicle if there is any breach of these obligations.

WEBSITE VISITORS OBLIGATIONS
Visitors, Customers, Buyers etc on the site agree that any information regarding the business of the Company or the details of any vehicle advertised or of any Customer information contained on the website is the copyright of the Company and protected by the then current Data Protection Legislation and that the use of such information whilst on the site or of any such information downloaded by Buyers, Customers or Visitors on the site is for the personal use only of the Buyer, Customer or Visitor and may not be used for any other purpose or commercial reason other than forwarding vehicle details to a third party where this is permitted on the site.

CUSTOMER INDEMNITY
The Customer agrees to fully indemnify the Company on an ongoing basis for all and any claims, losses or liabilities in respect of any details of the vehicles, the photos purported to be of the vehicles and the descriptions of the vehicles, or other relevant vehicles matters all of which are provided by and are the sole responsibility of the Customer.

BUYER OBLIGATIONS
The Buyer agrees to provide correct, accurate details as set out on the website and to behave in a responsible manner with the contact information provided and not to use this for any other purpose than purchase enquiries about the selected vehicles and in particular not to use the information in any manner which would constitute a breach of the Data Protection legislation in force in either the Country of residence of the Buyer or the Country of residence of the Seller or the Country in which the vehicle(s) is (are) located.

The Buyer further agrees that it is his sole responsibility to take any action required to ensure that a vehicle is as described is fit for the purpose is not a stolen vehicle and is mechanically and electrically sound and that the seller has full and proper title to sell the vehicle and that there are no hire purchase or other restrictions of ownership attached to the vehicle either by or on his own behalf or by contracted specialist(s) acting for him and not to place reliance on the seller his advertisement or other information contained on the website. The Buyer acknowledges and understands that the Company accept no liability of any nature whatsoever for the reliability or accuracy or truth of any information or photographs of any vehicle advertised on the site as such information is completely out of their control.

TERMINATION
The Company reserves the right to terminate the agreement if the Customer persistently has their payment rejected by the card companies or banks used by the Customer or continuously or blatantly supplies wrong information regarding themselves or the vehicles to be listed.

The Company further reserves the right to refuse to provide information about the Seller to any Buyer who has persistently failed to observe the Buyer's obligations and to block them from the site.

WAIVER
If the Company fails or delays to exercise any right or remedy provided herein this does not mean that the Company has waived all or any specific right and it may exercise any such rights or further rights at any time.

COMPANY RESPONSIBILITY
The Company uses its best efforts to ensure the continuous operation of the website subject to periods required for maintenance where all or part of the site may be temporarily closed but is not liable for any period of unavailability from whatsoever cause outwith its reasonable control where the advertisements on the website are not generally available to the public.

Where an advertisement does not appear on the website despite confirmation having been given to the Customer of the acceptance of the advertisement the liability of the Company for any breach of contract or negligence shall not exceed an amount equal to the cost of the advertisement or part of a series of advertisements which may be made at the discretion of the Company either as a refund or as an equivalent additional free advertising period but there will be no liability where this has been caused by:

1.Unforeseen circumstances outwith the control of the Company or
2.Breach of contract by the Customer

The Company accepts no responsibility or liability in respect of any vehicles listing or any part of it including, but not limited to, the vehicles descriptions, the vehicles conditions, the vehicles photos or any other item in connection with the vehicles and the Customer / Seller assumes full responsibility and liability for all matters in respect of their vehicles.

NOTICE
Where the Customer or the Buyer is required to give any form of notice under these conditions this should be sent by e-mail to:

info@simplyallcars.com

Addressed for the attention of the Customer Service Manager

GENDER AND PLURALITY
Where throughout this agreement the masculine gender or singular description is used then the feminine gender or plural description may be substituted and is equally valid where appropriate.

CONSUMERS RIGHTS
Nothing in these Conditions affects the Customer's or Buyer's rights as a consumer under consumer rights legislation in their country of residence.

GOVERNING LAW AND JURISDICTION
These Conditions are governed by Scottish Law and the courts of Scotland have exclusive jurisdiction to settle any dispute arising from or in connection with these Conditions.

REGISTRATION DATA

Taymart Ltd Registered in Scotland No. SC144293

Registered Office:
Glenlyle Houe, 8
Polwarth Avenue,
St Boswells,
Scottish Borders, TD6 0DP
UK