Terms and conditions
- Introduction
- These terms and conditions shall govern your use of our website.
- By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
- If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
- You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
- About us
- This website is owned and operated by Motorsport Showroom Limited, a private limited company registered in England with number 12625719.
- Our registered office is at 64 Baker Street, London W1U 7GB and our principal place of business is at Unit 2, Barrington Court, Ward Road, Brackley, Northamptonshire NN13 7LE.
- Our VAT number is 351 8977 60.
- You can contact us:
- by post at Unit 2, Barrington Court, Ward Road, Brackley, Northamptonshire NN13 7LE;
- using our website contact form;
- by telephone, on 01280 701230;or
- by email at help@motorsportshowroom.com.
- Copyright notice
- Copyright © 2020 Motorsport Showroom Limited.
- Subject to the express provisions of these terms and conditions:
- we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
- all the copyright and other intellectual property rights in our website and the material on our website are reserved.
- Use on behalf of an organisation
If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:
- yourself; and
- the person, company or other legal entity that operates that business or organisational project, to these terms and conditions, and in these circumstances references to "you" in these terms and conditions are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.
- Permission to use our website
- You may:
- view pages from our website in a web browser;
- download pages from our website for caching in a web browser;
- print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;
- stream audio and video files from our website using the media player on our website; and
- use our website services by means of a web browser, subject to the other provisions of these terms and conditions.
- Except as expressly permitted by paragraph 5.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
- You may only use our website for your own personal and business purposes; you must not use our website for any other purposes.
- Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
- Unless you own or control the relevant rights in the material, you must not:
- republish material from our website (including republication on another website);
- sell, rent or sub-license material from our website;
- show any material from our website in public;
- exploit material from our website for a commercial purpose; or
- redistribute material from our website.
- We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
- You may:
- Using our website
- You must not:
- use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
- use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- hack or otherwise tamper with our website;
- probe, scan or test the vulnerability of our website without our permission;
- circumvent any authentication or security systems or processes on or relating to our website;
- use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
- decrypt or decipher any communications sent by or to our website without our permission;
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
- access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
- use our website except by means of our public interfaces;
- use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
- do anything that interferes with the normal use of our website.
- You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading
- You must not sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.
- You must not:
- Registration and accounts
- You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
- You must not allow any other person to use your account to access the website.
- You must notify us in writing immediately if you become aware of any unauthorised use of your account.
- You must not use any other person's account to access the website, unless you have that person's express permission to do so.
- User login details
- If you register for an account with our website, you will be asked to choose a user ID and password.
- Your user ID must not be liable to mislead and must comply with the content rules set out in paragraph 14.2; you must not use your account or user ID for or in connection with the impersonation of any person.
- You must keep your password confidential.
- You must notify us in writing immediately if you become aware of any disclosure of your password.
- You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
- Cancellation and suspension of account
- We may at any time in our sole discretion with or without notice to you.
- suspend your account;
- cancel your account; and/or
- edit your account details,
- We will usually cancel an account if it remains unused for a continuous period of 18 months.
- You may cancel your account on our website using your account control panel on the website.
- We may at any time in our sole discretion with or without notice to you.
- Advertisements
- You may submit an advertisement to our website by selecting the appropriate listing space and following the step by step guidelines to populate your advertisement..
- Advertisements submitted to our website must constitute bona fide advertisements relating to racing cars, race transporters or race car parts that are true, fair and accurate in all respects.
- Advertisements must be listed in the appropriate category or categories.
- Advertisements submitted to our website must not be for any product, service or other subject matter that:
- breaches any laws, regulations or codes;
- infringes any third party intellectual property rights or other legal rights; or
- may give rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law.
- Advertisements submitted to our website must not be for any product, service or other subject matter that:
- consists of or contains material that would, if published on our website by you, contravene the provisions of paragraph 14.2; or
- is or relates to:
- drugs, narcotics, steroids or controlled substances;
- obscene, indecent, pornographic or sexually explicit materials;
- knives, swords, firearms or other weapons;
- ammunition for any weapon;
- items that encourage or facilitate criminal acts or civil wrongs; or
- items that encourage or facilitate the infringement of any intellectual property right.
- Your advertisements must comply with the requirements of paragraphs 6 and 14.2.
- Our rights to use your advertisements are as set out paragraph 14.1.
- You must keep your advertisements up to date using our website interface, and must delete or unpublish any advertisements that have ceased to be relevant to our users (for example, because products advertised are no longer available).
- Advertisements submitted to our website will be automatically processed, and will usually be published within 24 hours following submission; however, we do not guarantee publication within this period..
- Without prejudice to our other rights under these terms and conditions, we reserve the rights to reject, unpublish or delete advertisements that breach these terms and conditions or that do not meet any additional guidelines for submissions published on our website. If we reject, unpublish or delete an advertisement in accordance with this paragraph 10, we will not refund any applicable listing fees.
- If we accept your advertisement submission, then it will remain published on our website until such time as the item listed has been sold, subject to these terms and conditions.
- You may edit any part of an advertisement (with the exception of the title, tags and relevant organisers) after listing by logging into your account, going to “My Listings” and selecting “Edit” on the relevant listing.
- From time to time we may allow the publication of advertisements on our website free of charge, providing that free advertisements will be subject to such additional terms and conditions as we may specify from time to time, and we may delete free advertisements at any time in our sole discretion with or without notice to you.
- Fees
- The fees in respect of our website services will be as set out on the website from time to time.
- All amounts stated in these terms and conditions or on our website are stated exclusive of VAT.
- You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website. Your advertisement will not be published until payment has been made in full.
- We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.
- If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
- If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.
- We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
- Distance contracts: cancellation right
- This paragraph 12 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
- You may withdraw an offer to enter into a contract with us through our website, or cancel a contract entered into with us through our website, at any time within the period:
- beginning upon the submission of your offer; and
- ending at the end of 14 days after the day on which the contract is entered into, subject to paragraph 12.3.
- You agree that we may begin the provision of services before the expiry of the period referred to in paragraph 12.2, and you acknowledge that, if we do begin the provision of services before the end of that period, then:
- if the services are fully performed, you will lose the right to cancel referred to in paragraph 12.2;
- if the services are partially performed at the time of cancellation, you must pay to us an amount proportional to the services supplied or we may deduct such amount from any refund due to you in accordance with this paragraph 12.
- In order to withdraw an offer to contract or cancel a contract on the basis described in this paragraph 12, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you (download here). To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
- If you withdraw an offer to contract, or cancel a contract, on the basis described in this paragraph 12, you will receive a full refund of any amount you paid to us in respect of the offer or contract, except as specified in this paragraph 12.
- We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
- We will process the refund due to you as a result of a cancellation on the basis described in this paragraph 12 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.
- Our role
- You acknowledge that:
- we do not confirm the identity of website users, check their credit worthiness or bona fides, or otherwise vet them;
- we do not check, audit or monitor the information contained in advertisements or listings;
- we are not party to any contract for the sale or purchase of products, digital products or services advertised or listed on the website;
- we are not involved in any transactions between website users in any way; and
- we are not the agents for any website users, and accordingly we will not be liable to any person in relation to any contract or other arrangement between website users; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract between website users and we will have no obligation to mediate between the parties to any such contract.
- The provisions of this paragraph 13 are subject to paragraph 18.4 .
- You acknowledge that:
- Your content
- Our rights to use your content
- In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
- You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and publish your content on and in relation to this website and any successor website.
- You grant to us the right to sub-license the rights licensed under paragraph 14.1.2.
- You grant to us the right to bring an action for infringement of the rights licensed under paragraph 14.1.2..
- You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
- You may edit your content to the extent permitted using the editing functionality made available on our website.
- Rules about your content
- You warrant and represent that your content will comply with these terms and conditions.
- Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
- Your content, and the use of your content by us in accordance with these terms and conditions, must not:
- be libellous or maliciously false;
- be obscene or indecent;
- infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;
- infringe any right of confidence, right of privacy or right under data protection legislation;
- constitute negligent advice or contain any negligent statement;
- constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
- be in contempt of any court or in breach of any court order;
- be in breach of racial or religious hatred or discrimination legislation;
- be blasphemous;
- be in breach of official secrets legislation;
- be in breach of any contractual obligation owed to any person;
- depict violence in an explicit, graphic or gratuitous manner;
- be pornographic, lewd, suggestive or sexually explicit;
- be untrue, false, inaccurate or misleading;
- consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
- constitute spam;
- be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
- cause annoyance, inconvenience or needless anxiety to any person.
- Our rights to use your content
- Report abuse
- If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
- You can let us know about any such material or activity by email at report@motorsportshowroom.com or by telephoning 01280 701230.
- Trade marks
- Our logos and any of our other registered and unregistered trade marks used on our website are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
- The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
- Social media platforms
- Our website includes features that enable users to interact with social media platforms - including Facebook, Twitter and Instagram - directly from our website.
- Using the social media features on our website, you may:
- share listings from our website; and
- like content from our website.
- You acknowledge that the use of the social media platforms is subject to the terms and conditions of the relevant platform operator and that the use of any personal data transferred to the platforms is subject to the privacy policy or notice of the relevant platform operator.
- Subject to paragraph 18.4, we will not be liable to you for any loss or damage arising out of:
- your use of any social media platform; and
- any act or omission of any social media platform operator.
- When using social media features on our website or browsing pages on our website that incorporate social media features, the social media platforms may collect information about you and your use of our website and those features, including by means of cookies. For more information about these cookies and the use of personal data collected by us and by the platforms, see our privacy and cookies policy.
- Warranties and liability
- We do not warrant or represent:
- the completeness or accuracy of the information published on our website;
- that the material on the website is up to date;
- that the website will operate without fault; or
- that the website or any service on the website will remain available.
- We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
- To the maximum extent permitted by applicable law and subject to paragraph 18.4, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
- Nothing in these terms and conditions will:
- limit or exclude any liability for death or personal injury resulting from negligence;
- limit or exclude any liability for fraud or fraudulent misrepresentation;
- limit any liabilities in any way that is not permitted under applicable law; or
- exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
- The limitations and exclusions of liability set out in this paragraph 16 and elsewhere in these terms and conditions:
- are subject to paragraph 18.4; and
- govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
- To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
- We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
- We will not be liable to you in respect of any special, indirect or consequential losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill, providing that if you contract with us under these terms and conditions as a consumer, this paragraph 18.8 shall not apply.
- We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this paragraph 18.9 shall not apply,
- If you are a business customer, our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the total amount paid and payable to us under the contract.
- We do not warrant or represent:
- Indemnity
You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.
- Breaches of these terms and conditions
- Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
- send you one or more formal warnings;
- temporarily suspend your access to our website;
- permanently prohibit you from accessing our website;
- block computers using your IP address from accessing our website;
- contact any or all of your internet service providers and request that they block your access to our website;
- commence legal action against you, whether for breach of contract or otherwise; and/or
- suspend or delete your account on our website.
- Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
- Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
- Third party websites
- Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
- We have no control over third party websites and their contents, and subject to paragraph 18.4, we accept no responsibility for them or for any loss or damage that may arise from your use of them.
- Variation
- We may revise these terms and conditions from time to time.
- The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website.
- If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
- Assignment
- You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
- You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
- Severability
- If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
- If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Third party rights
- A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
- The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
- Entire agreement
Subject to paragraph 18.4, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
- Law and jurisdiction
- These terms and conditions shall be governed by and construed in accordance with English law.
- Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.