1. Who we are
David Golding T/A David Golding Cars.
Registered office address
48 Garville Lane Rathgar D06E447 Ireland
2. About our Terms
Read these terms carefully before using any element of the website and or auction platform. By accessing or using the website or otherwise indicating your consent, you agree to be legally bound by these terms and conditions. If you do not agree with any of these terms and conditions, you should stop using the site immediately.
Please ensure that these terms are read in conjunction with https://www.davidgoldingclassic.auction/faqs-p34
We amend these Terms and Conditions from time to time by posting an updated version of it on the Site. The updated version will become effective on being posted on the Site. Every time you wish to use our Site, please check these Terms and Conditions to ensure you understand the terms that apply at that time. Your continued use of our Services following any amendments to the Terms and Conditions will constitute your acceptance of the Terms and Conditions as amended.
If you have any questions regarding these Terms and Conditions, please contact our customer service team at sales@davidgoldingcars.ie
What we do. The Site is a marketplace that allows you to browse, buy, bid on Vehicles and other items
What we do not do. We do not offer for sale on this site items belonging to third parties or allow third parties to list directly to our site
3. Definitions
“DGA’ means DAVID GOLDING CLASSIC AUCTION
“Website” means www.davidgoldingclassic.auction all elements, activities, process associated with the entire website and or auction platform and process.
“Users” means Buyers, visitors, users, and or others who register for, or otherwise access or use the website and or services at any time
“You” means users of the site and or services.
“Seller” means DAVID GOLDING who confirms they are the legal owner, have full unencumbered title to the item/s offered for sale
“Buyer” means the user who has agreed to purchase anything from David Golding
“Platform” means the entire suite of software applications that make up the DGA service.
“Auction” means the online process facilitated by the platform.
“Lot” means any items listed for sale by auction on the platform
“Classifieds” means an advert placed via the DGA Classifieds section
“Bid” means a buyers legally binding offer price to purchase an item via the platform.
“Purchase Price” means the amount of the highest Bid on an item at the moment when the auction is deemed to have ended.
“Reserve” means the confidential minimum price that the seller is willing to accept for an item.
“Service” means the platform and or any other facilities in connection with the David Golding Cars website.
“As Is”, “in its present condition” means items for sale at auction are offered “as is,” meaning that the item is sold with all existing flaws and imperfections unless otherwise specified and return privileges are not granted.
“Buy it Now” means a lot listed for a specific price on the DGA platform
“Content” means any text or images, videos, audio or other multimedia software, information or material submitted to or on the DGA platform
4. Contract
This is a platform and or service for David Golding to list his items for sale
We are the seller.
We are the party to the sale contract between the buyer and the seller.
We hold title of any vehicle.
You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the site.
5. Suspension
We may prevent or suspend your access to the site if you do not comply with any part of these terms, any terms or policies to which they refer or any applicable law. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.
6. Conditions of your use of the site, you agree
Not to do anything unlawful or harmful.
Not to use the site to distribute viruses or malware or other similar harmful software code.
Not to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise or compromise the service.
Not to use the site for purposes of promoting unsolicited advertising or sending spam.
Not to harvest information.
Software will monitor IP addresses and bids and if any abuse is suspected at the sole discretion of DGA the services and access will be withdrawn.
Not to use or harvest data provided by other users in a way that they would object to
Not abuse, harass, threaten, stalk, or behave in any way whatsoever that is incompatible with common decency.
You will not denigrate or in any way seek to be unreasonably critical of any item or other user of the site or services.
You will not enter in to and or encourage or facilitate illegal activity or activity that could be potentially illegal.
Not to supply or post content or advertisements intended, knowingly or otherwise, to mislead other users or third parties.
Not to purport to be another user, third party, individual or organisation.
7. Your account with us
You must be a minimum of 18.
In order to use the site you must register
You will need to provide at least the following information:
The information you submit to us, including as part of your account creation and registration or use of the Site, must be truthful, accurate and not misleading.
8. Buyers Undertaking.
No fees are due from the buyer to DGA. Except in the event that the sale of the item is not completed because of any breach by the buyer of these Terms and Conditions.
9.Shortfall Payment
If an item fails to meet the reserve price, DGA reserves the right at its sole discretion to make up any shortfall in the reserve price if it decides to do so.
10. Seller Content and Description
David Golding confirms the description of the item is accurate and not misleading.
David Golding will notify DGA in writing of any material alterations to the item and any and all allegations and concerns expressed by third parties in relation to the authenticity, provenance, origin, age, condition or quality or any other matter relating to the item
David Golding will provide DGA with all such information in his possession.
DGA will perform some verification processes, including VMS and MOT checks, DGA shall not be liable to the seller or the buyer for any error or omission from the description of any item.
Photographs and illustrations used for items are for illustration purposes only.
They may not show the true condition and colour, (which may be inaccurately reproduced) of the item.
Estimates and descriptions for the Auction Lots may be amended at DGA's discretion from time to time by notice given orally or in writing before or during a Live Auction.
11. Bidding for an item or items
If you are a buyer bidding for an item you confirm the following
It is your responsibility to arrange an inspection of any item you intend to bid on.
DGA uses Social Media to promote its auction items that are for sale. It is therefore the responsibility of anyone participating in an DGA auction to check the make and model of the vehicle in the ‘description’ part of the vehicle page before placing a bid.
You will check and confirm the accuracy of any of your bids
You confirm that you understand and agree that all bids you make are a legally binding obligation.
Manual Bid – by entering your value into the bid box the system will take the highest bid entered as an immediate, binding bid. You can manually increase this bid in the relevant increments for that lot
Max Bid – by entering your Max Bid value the system will take your highest bid. Max bids placed before the Reserve is met, will instantly jump either all the way up to your max bid, or the Reserve set amount, whichever is the lower.
Once a bid has been accepted by the system it cannot be deleted. The Delete Max Bid function will only delete bids in excess of your Current Winning Bid.
You are making an irreversible contract to purchase the item.
The site uses anti- sniping software which ensures fairness to all bidders – if a bid is received in the last seconds of a natural auction end, the auction will go into a 2 minute overtime period for each subsequent bid. You cannot under any circumstances withdraw a winning bid.
If your bid is the winning bid you will pay for the item within 5 days , unless otherwise agreed in writing with the buyer and DGA.
If you fail to transfer funds in the allotted time frame you agree to pay DGA the sum of €1,000 + VAT.
At you own volition you will independently determine the description, ownership, value, condition, authenticity and quality of the item.
You will settle and pay shipping and or delivery costs associated with the item including but not limited to taxes, fees and or any other costs.
In the event of a buyer failing to complete a sale, we will endeavour to sell the Lot to an underbidder.
You warrant that the funds you use for your purchase of an item have no link with criminal activity including, without limitation, money laundering, tax evasion or terrorist finance
Ghost bids
You will not manipulate the bidding process or price of any item.
You will not work in concurrence with others to manipulate the price of an item.
You will not enter false bids and or any other form of manipulation or activity designed to distort, disrupt or manipulate any part of the auction process.
Withdrawal of Bids or items
DGA may at its sole discretion remove a manual bid made by a buyer bidding for an item.
We have the right, at our absolute discretion, to withdraw any item. We are not required to provide any reason for exercising this right of withdrawal. There is no appeal process.
12. Collection of the vehicle
Unless otherwise agreed in writing with the seller, arrangements must be made within seven calendar days of the end of the auction to collect the item from the DGA who will only release the item to the buyer once they have received cleared funds to the amount of the Purchase Price. The buyer will collect and remove item at the buyer’s expense. The vendor will ensure that the vehicle is insured until the agreed point of collection. The buyer will be wholly responsible for packing, handling, insuring and transporting of the item upon collection.
13. Dispute relating to a sale
Any dispute with respect to the sale of any item or condition thereof shall be resolved between the buyer and seller.
14. Your privacy and personal information
The General Data Protection Regulations give you certain rights to your personal data. If you have any specific question, please contact us at sales@davidgoldingcars.ie
Payment information you supply to Stripe is not within our control and is subject to Stripe’s own privacy policy and terms and conditions available on their website.
Submitting information to the site
While we use best endeavours to ensure the platform is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential.
15. Ownership, use and intellectual property rights
When you upload or post content or submit material to EC, you grant to us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, modify, distribute and display descriptions and images in connection with the service provided by the website and across various media types and for the purposes of marketing and promotion of the website and EC. You represent and warrant that you own or otherwise control all of the rights to the content that you upload or post.
The website and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). Intellectual property rights mean rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
Nothing in these Terms 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 to circumvent or delete any notices contained on the website, any digital rights or other security technology embedded or contained within the website.
Accuracy of information and availability of the platform
While we try to make sure that the platform is accurate, up-to-date and free from bugs, we cannot promise that it will be.
News, articles, podcasts, technical data, buying guides or similar media or information are provided for your general information purposes only and to inform you about us and news, features, services that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
16. Limitation of Liability
In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law shall DGA be liable to you/users for damages, including any direct, indirect, special, incidental, or consequential damages of any type whatsoever arising as a result of use of the platform, facilities or purchases of product/s (including but not limited to damages for loss of goodwill, business interruption, or any and all other damages or losses).
17. Indemnity
You agree to defend, indemnify on demand and keep DGA and our affiliates, parents, subsidiaries and each of our and their respective officers, employees, agents, partners, content providers, service providers, (collectively, the “Released Parties”) indemnified, and hold the Released Parties harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable solicitor and or counsel fees, arising in any way from; your use of or reliance on the platform or any services, content, functions, information, materials or products available through the platforms,; your purchase or use of any products via the platform and or services; your placement or transmission of any message, content, information, software or other materials through the platform and or services; your knowingly or unknowingly fraudulent or deceptive acts or omissions, or breach or of the law (including infringement of any intellectual property or other right of any person or entity) or of these Terms. We will provide notice to you promptly of any such claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you agree to assist and cooperate with our defence of such claim. In any event, you shall not settle any such claim without our prior written approval.
18. A sale contract for an item
The contract for sale is between David Golding and a Buyer.
You acknowledge that the The Consumer Rights Directive (CRD) implemented in Ireland by the European Union (Consumer Information, Cancellation and Other Rights) Regulations, S.I. 484 of 2013, (the Regulations) do not apply to the sale of items in relation to services provided by DGA and thus do not apply to the DGA site or any transactions completed via the site.
As a buyer you have the opportunity to physically inspect the item prior to purchasing it or to have it inspected on your behalf. If you are at all unsure, you accept that you should not bid and if you choose to you are doing so at your own risk. If you choose to not inspect the item or have it inspected for any reason then you accept that full liability lies with you and you fall outside of the CRD
We aim to give Bidders / Buyers as much information about the Vehicle as we can, e.g. via a significant number of images and / or video footage. Our processes allows Bidders / Buyers to make an informed decision on the Vehicle before deciding to place a Bid and subsequently win the Vehicle at Auction.
19. Third Party Links
At times, we may provide links to external, or third-party websites, solely for the convenience of the site users. Any links followed to the other sites are done so at your own risk and DGA accepts no liability for any linked sites or their content.
20. Variation
No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms from time to time.
It is your responsibility to check these Terms from time to time to verify such
variations.
21. Jurisdiction and Applicable Law
Republic of Ireland
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