1. About Trading Garage
- Enthusiast cars;
- Race cars;
- Motorbikes; and
- Number plates
2. How it works
- Sellers interested in listing their Item using our Platform must provide their Item details, including make, model, year, odometer reading, proof of ownership, finance owing and photographs; and
- should your Item meet our criteria, our experts will help you prepare your listing to post using our Platform. We can also help you decide a reserve price, arrange photography, and conduct PPSR searches. Please keep in mind that we provide no warranty or representation as to the expected or likely selling price of any listing – any estimates given are an opinion only and are not an indication of the actual selling price. The final price, and the decision to buy or sell an Item, rests with the Buyer and Seller, not Trading Garage.
- once your listing goes live, prospective Buyers will be able to bid on your Item for either a 7-day or 14-day sales period.
- we do not provide the contact details of Buyers and Sellers during the sales period. However, Buyers and Sellers can contact each other using the messaging facilities available on our Platform.
- the Seller will suggest a reserve price by submitting a Reserve Price Form. Once the reserve price has been confirmed by Trading Garage, that reserve price will be binding on the Seller and a cancellation fee may be payable by the Seller in accordance with clause 10.2 if the Seller subsequently decides to withdraw or cancel their listing.
- if the Seller has set a reserve price and the highest bid is under the reserve price, we will notify the Seller and the Buyers at the end of the sales period that the reserve price was not met and the Item remains unsold unless Trading Garage takes any actions under sub-clause (d) below. The Seller has 24 hours from our notification to accept or reject the highest bid if it is below the reserve price. If, after 24 hours, the Seller has not provided a response accepting the highest bid, the bid will be considered rejected by the Seller.
- if, during the sales period, a Buyer makes the highest bid on an Item and that bid is below the reserve price set by the Seller, Trading Garage may in its absolute discretion notify the Seller that it offers to make up the difference between the highest bid and the reserve price. The Seller has 24 hours from our notification to accept or reject this offer. If, after 24 hours, the Seller has not provided a response accepting the offer, the offer will be deemed rejected by the Seller and the Seller may list the Item on the Buy It Now section (see clause 2.2(g)), or list and sell the Item outside of Trading Garage with no fees or charges. If the Seller accepts the offer, the Buyer will pay Trading Garage’s service fee on the full amount of the final sale price as per clause 10.1 (for clarity, this is calculated to include the amount offered by Trading Garage). Trading Garage will pay the Seller only when the Item has been purchased, paid for and collected by the Buyer, and the Seller has provided evidence that the transaction is complete.
- if there is no reserve price, if the Seller has waived the reserve price, or if the Seller has set a reserve price and the highest bid meets the reserve price, then we will consider the Item “sold” to the Buyer with the highest bid. We will then notify the Seller and the winning Buyer of the successful sale. We will also notify any other prospective Buyers that the Item has been sold.
- if the Sales Process is unsuccessful, the Seller has the option to place their Item in the “Buy It Now” section of the Platform for a period of 7 days. The “Buy It Now” price is based on the reserve price of the listing or, in the absence of a reserve price, the Seller’s nominated price. If a Buyer meets the “Buy It Now” sales price, then we will consider the Item “sold” to that Buyer. We will then notify the Seller and the winning Buyer of the successful sale.
- if, during the “Buy It Now” sales period, a Buyer makes an offer that is within 10% of the reserve price set by the Seller, Trading Garage may in its absolute discretion notify the Seller that it offers to make up the difference between the Buy It Now offer and the reserve price. The seller has 24 hours from our notification to accept or reject this offer. If, after 24 hours, the Seller has not provided a response accepting the offer, the offer will be deemed rejected by the Seller. If the Seller accepts the offer, the Buyer will pay Trading Garage’s service fee on the full amount of the final sale price as per clause 10.1 (for clarity, this is calculated to include the amount offered by Trading Garage). Trading Garage will pay the Seller only when the Item has been purchased, paid for and collected by the Buyer, and the Seller has provided evidence that the transaction is complete.
- if we believe an event has occurred during a sales period that has adversely affected the Seller’s listing (for example, due to delays, interruptions or errors affecting the listing), we have the right to extend the sales period to the extent of the interruption. If we extend the sales period for the Seller and the Buyer of the affected listing has already paid our fees, those fees will be refunded and the Sales Process will continue for the extended sales period. The Buyer’s last bid or the “Buy It Now” offer (as applicable) will be maintained.
- if the sale is successful, the Buyer pays our service fee (discussed in clauses 7 and 10 below).
- once payment has been made, we introduce the Buyer and the Seller by exchanging their contact details in accordance with clause 3.4.
- the Buyer and Seller independently finalise their sales transaction.
- arrange an inspection of the Item;
- contact the Seller once we have made the introduction;
- verify the description, ownership, value, condition, authenticity and quality of the Item; and
- confirm with the Seller if there are any additional fees and charges in relation to the sales transaction that have not previously been disclosed, for example shipping costs, stamp duty or motor vehicle registration costs.
3. Your account
- first name;
- last name;
- country of residence;
- email address;
- display name; and
- credit card details;
- drivers license number or passport number; and
- profile selection (Car Dealer or Private).
4. Our role
- acknowledge that we cannot guarantee the accuracy, quality, safety or legality of the sale of Items listed on the Platform, or that the Buyers and Sellers have the ability to engage in and complete a sales transaction; and
- release us from any liability in relation to the content of the listings or the conduct of Buyers and Sellers in relation to a sales transaction.
5. Using our Platform
- transmission of information that is incorrect, misleading or deceptive;
- transmission of racist, sexist, defamatory, obscene, abusive or indecent information or material, and any information or material that we deem to be inappropriate for our Platform;
- commission of an act of fraud;
- promotion of unsolicited advertising or sending spam;
- collection of personal information, authentication details and other confidential information without the relevant person’s express consent;
- gaining unauthorised access to or use of computers, data, systems, user accounts or networks;
- engaging in activities that may damage the operation of the Platform including the upload of viruses, corrupted files, worms, defects or similar software or programs, or engaging in cyber attacks; and
- promotion of unlawful activity.
- the Seller has not provided us with a valid payment method for our fees;
- we have a reasonable belief that the information provided from the Seller is incorrect;
- the Seller has failed to pass the verification checks required to use our Platform; or
- the Seller otherwise breaches these Terms and Conditions.
- the Buyer has not provided us with a valid payment method for our fees;
- there is a clear typographical error in the bid;
- if we believe that vendor/seller bids are occurring. For example, if we believe that the Seller is bidding for their own Item, or the Buyer is bidding for the Item on behalf of the Seller;
- the Buyer has failed to pass any of the verification checks required to use the Platform; or
- the Buyer otherwise breaches these Terms and Conditions.
6. Seller terms
- all representations that the Seller has made in relation to the Seller’s Item (whether express or implied) are true and correct to the best of their knowledge;
- they have provided all relevant information to us in relation to the sale of the Item, including the condition and quality of their Item;
- they have title and undisturbed possession of the Item; and
- there are no undisclosed securities or other encumbrances in relation to the Item;
6.9 Our Platform uses Stripe to process its payments. You confirm that you accept and agree to be bound by Stripe’s terms and conditions as applicable. This may involve Stripe requesting information from you for the purpose of conducting checks on your identity, assessing your financial condition, pre-authorisation processes, and payment processes. You are not obliged to provide this information, but refusal to do so may affect your ability to make payments through our Platform and Stripe.
7. Buyer terms
- all information provided to Trading Garage and the Seller are true and correct;
- in relation to a bid on our Platform, they have the authority to enter and complete a sales transaction should their bid be the winning bid; and
- they will comply with all applicable laws.
- the Seller the full amount of the Buyer’s winning bid or “Buy It Now” offer within 7 days of the Sales Process ending, unless otherwise agreed with the Seller; and
- Trading Garage’s service fees as provided in clause 10.1 within 24 hours of the Sales Process ending. This fee is not a deposit on the Item but payment for Trading Garage’s services. You agree that this fee is non-refundable and applies even if the sales terms are finalised or payment is made outside of our Platform.
- the Buyer remains liable to Trading Garage for the outstanding fees and any interest accrued on those fees, and Trading Garage is entitled to take any actions necessary to recover those amounts; and
- the Buyer acknowledges that the Seller will be able to sell their Item to another bidder.
8. Intellectual property rights
10.1 If the Buyer’s bid or “Buy It Now” offer is accepted by the Seller, the Buyer must pay to Trading Garage a 6% service fee on the full amount of the final sale price (inclusive of GST) unless any of the following apply:
- The fees are less than $1,000, in which case the Buyer will pay a minimum fee of $1,000 inclusive of GST;
- the fees are more than $10,000, in which case the Buyer will pay a maximum fee of $10,000 inclusive of GST.
10.2 The Seller will pay to Trading Garage:
- the amount equivalent to the Buyer’s fees on the reserve price for the applicable listing; or
- if no reserve price is set for the listing, the Seller is obliged to pay the then the minimum amount for the listed item,
if any of the following apply:
- during the Sales Process, a sale is concluded through means outside of our Platform (as per clause 5.5);
- a sale is lost because of the Seller’s failure to disclose to Trading Garage all information which may reasonably be expected to affect the title, value, condition, quality or any other aspect of the listing (as per clause 6.4);
- the Seller cancels or withdraws a listing while bidding is ongoing, after a bid meets the Seller’s reserve price, post a successful auction, or after a “Buy It Now” offer meets the Seller’s reserve price (as per clause 6.6); or
- the Seller cancels or withdraws a listing 28 days or more from the date the reserve price is confirmed in accordance with clause 2.2(c).
11. Privacy and cookies
13. Governing law
16. Rights reserved
Buyer means a person with an approved Trading Garage account that is entitled to make bids on Auctions.
Content has the meaning in clause 6.
Item has the meaning in clause 1.
Platform means the online platform hosted by Trading Garage.
PPSR means Personal Properties and Securities Register.
Reserve Price Form means the form completed by the Seller prior to listing a vehicle on the Platform.
Sales Process means the virtual sales process conducted on the Platform as outlined in clause 2.2.
Seller means a person with an approved Trading Garage account that is offering an Item for sale on the Platform.
We/our/us/Trading Garage means Trading Garage PTY LTD.
You/your means the Buyer, the Seller or both depending on the context.