1.1 Trading Garage PTY LTD, Level 8, 1 O'Connell Street, Sydney NSW 2000 (Trading Garage) provides an online marketplace for motoring enthusiasts in Australia dedicated to connecting buyers and sellers of:
(each, an Item).
1.2 Our experts ensure that listings made using our platform are unrivalled for their level of detail to allow buyers to make the most informed decision possible. We provide an alternative to traditional trade in, consignment, or auction listing options, while making selling a fast and stress-free process for Buyers and Sellers.
1.3 The following terms explain how our Platform works and the obligations of Buyers, Sellers and Trading Garage. Please read these terms carefully. By using our Platform, you agree to abide by these Terms and Conditions.
2.1 The listing:
2.1 The listing:
2.3 The introduction:
2.4 It is the Buyer's responsibility to ensure that they independently:
3.1 Users can choose to set up a Basic Account or an Advanced Account with Trading Garage. Only Advanced Account users have the ability to bid in the Sales Process.
3.2 To set up a Basic Account, users must provide the following details:
3.3 To set up an Advanced Account, users must provide the following additional details:
3.4 As part of setting up your account, we will ask you to provide contact details that you would like to send to a successful Buyer / Seller as part of our introduction for a successful sale (for example, your name, contact number, and email address). You consent to us providing these contact details to a successful Buyer / Seller upon a successful sale.
3.5 You are responsible for protecting the confidentiality of your registration information and password. Use of your account by another person could result in the suspension or termination of your account. If you suspect an unauthorised use of your account, please inform us immediately.
3.6 You may close your account with us as long as you have resolved any outstanding issues in relation to your account (such as suspensions or restrictions) and have paid any outstanding fees owing on your account.
3.7 You agree that we can provide your personal information to third parties for the purposes of verifying your identity and your chosen payment method. The third party verification providers may also obtain information about you from third parties for the same purposes.
3.8 We may, without notice to you and at our sole discretion, suspend or terminate your account with Trading Garage for breach of these Terms and Conditions. We may otherwise suspend or terminate your account with Trading Garage at our sole discretion with notice to you.
3.9 You need to be at least 18 years old to have an account.
4.1 Our Platform is a marketplace for Buyers and Sellers to initiate a sales transaction. Trading Garage is not an auctioneer and is not running any auction. At no time do we act as an agent of the Buyer or the Seller in the sales transaction and we do not take possession at any time of any Item. The sales transaction is conducted entirely between the Buyer and the Seller using the Platform and the Buyer and Seller are responsible for all costs and expenses in relation to the sales transaction.
4.2 Trading Garage relies on the information provided by Buyers and Sellers in relation to any listings. You:
4.3 Any dispute in relation to a sales transaction shall be resolved between the Buyer and Seller without the participation of Trading Garage. We recommend that you conduct your own assessments in relation to a listing to ensure that risks in relation to the sales transaction are addressed.
4.4 Trading Garage may from time to time assist prospective Sellers with conducting searches (for example, PPSR searches) in relation to an Item. However, you acknowledge that we are not responsible for providing this information and we are not liable for any errors or omissions in relation to such information.
4.5 Listing details may be amended by Trading Garage at its absolute discretion before or during the Sales Process by notice to the Seller in writing.
5.1 The Platform is intended for use by Buyers and Sellers of Items located in Australia only.
5.2 You agree not to use the Platform or any information available on the platform for any unlawful or prohibited purposes. Such purposes include, but are not limited to:
5.3 You agree that we have the right to remove any listing from our Platform at our sole discretion. We are not required to provide any reason for the removal of the listing, however typical reasons may include the following:
5.4 You agree that we have the right to remove any bid made by a Buyer if:
5.5 During the Sales Process, Buyers and Sellers must not conduct any activity designed to complete or facilitate the sale of an Item outside of our Platform without our written consent. If the sale is concluded through means outside of our Platform, the Seller will be obliged to pay Trading Garage's fees in accordance with clause 10.2.
5.6 We cannot guarantee that the Platform will be free from viruses, or that you will have continued and uninterrupted use of our Platform. We reserve the right to make the Platform unavailable for use (for example, for maintenance and security).
6.1 The Seller agrees that, upon the Seller's listing going live on our Platform, the Seller has committed to listing that item with us exclusively for a 14-day sales period. During this period, the Seller shall not use another means of sale without Trading Garage's written consent.
6.2 The Seller takes full responsibility for compliance with any applicable laws in relation to the sale of their Item. Sellers warrant that:
6.3 To ensure accuracy, the Seller warrants that, at the point of collection by the Buyer where the Item is a vehicle, the advertised mileage will be no more than 1,000 kilometres from the mileage that appeared on the Seller's listing.
6.4 If 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, the Seller shall pay the fees to Trading Garage in accordance with clause 10.2.
6.5 If a Seller is unsuccessful at the end of the Sales Process through no fault of their own, the Seller may withdraw their listing from our Platform at no charge.
6.6 If a Seller withdraws a listing while bidding is ongoing, after a bid meets the Seller's reserve price, or after a “Buy It Now” offer meets the Seller's reserve price, then the Seller is obliged to pay the fees provided in clause 10.2 within 7 days of the date of withdrawal. The Seller agrees that these fees are non-refundable and applies even if the sales terms are finalised or payment is made outside of our Platform.
6.7 Sellers are responsible for all fees if during the Sales Process, without Trading Garage's written consent, they offer or reference their contact information, or ask for a Buyer's contact information, for the purpose of buying or selling a listed Item outside of Trading Garage and avoiding Trading Garage's fees.
6.8 Sellers acknowledge that any unpaid amounts owed to Trading Garage under this clause 6 may accrue interest and Trade Garage is entitled to recover this interest together with any fees that it is owed.
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.
6.10 If Stripe is unable to charge the applicable fees from your credit card then you must, within 24 hours of the Sales Process ending, contact us to arrange for payment of the outstanding amount to a bank account of our choosing. If the Seller does not make the applicable payment within 24 hours of receiving our instructions (or such further time that Trading Garage allows), the Seller 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.
6.11 We may modify our fees from time to time in accordance with clause 12. However, our fees will not change for a Sales Process that has already commenced.
7.1 Buyers warrant that:
7.2 Buyers acknowledge that photographs and illustrations used in listings are for identification purposes only. They may contain inaccuracies, for example they may not represent the true condition and colour of the Item. We recommend that Buyers take precautions such as those listed in clause 2.4.
7.3 Buyers agree that each bid submitted as part of the Sales Process is a legally binding offer by the Buyer to the Seller to purchase the Item if the bid is successful. The bid and the offer cannot be withdrawn.
7.4 When a Buyer submits a bid, our third-party payment services provider, Stripe, may place a hold on the Buyer's credit or debit card for the fee payable if the Buyer is the successful bidder. The Buyer's payment details will be provided directly to Stripe.
7.5 If the Buyer's bid or “Buy It Now” offer is accepted by the Seller, the Buyer must pay:
7.6 Trading Garage's service fee does not include any transport or on-road costs, for example stamp duty and registration. It is the responsibility of the Buyer and the Seller to negotiate and arrange for the payment of such costs, with no involvement of Trading Garage.
7.7 If the Buyer fails to complete the purchase of the Item for any reason other than the Seller's default, the Buyer remains obliged to pay our fees as provided in clause 10.1. The Seller will be able to sell their Item to the next highest bidder.
7.8 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. If any payment is declined by Stripe, your bid may be cancelled by us.
7.9 If Stripe is unable to charge the applicable fees from your credit card then you must, within 24 hours of the Sales Process ending, contact us to arrange for payment of the outstanding amounts to a bank account of our choosing. If the Buyer does not make the applicable payment within 24 hours of receiving our instructions (or such further time that Trading Garage allows):
7.10 We may modify our fees from time to time in accordance with clause 12. However, our fees will not change for a Sales Process that has already commenced.
8.1 Our Platform may contain a range of material and information that you prepare, upload or post (Content). You warrant to us that you have all necessary intellectual property rights in relation to such Content. Further, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise any and all intellectual property rights in relation to such Content for the purpose of Trading Garage providing its services, the marketing and promotion of Trading Garage’s services, the enforcement of our legal rights, and compliance with applicable laws and court orders. You also waive any moral rights that you may have in relation to the Content.
8.2 The Platform, and all intellectual property rights in the Platform, are owned by Trading Garage. You must not use, reproduce, edit, modify or otherwise exercise any intellectual property rights with respect to our Platform, except that you may reproduce and copy listings on our Platform for your own personal use. You must not use our trademarks (including the name “Trading Garage” and our logo) without our written consent. We reserve all our rights in relation to any intellectual property material in connection with our Platform.
8.3 Where Trading Garage is providing photography services, the Seller gives Trading Garage the right to photograph and illustrate the relevant Item. Trading Garage own the rights to these photographs and illustrations and may use them for a listing and any other purpose it requires.
8.4 Trading Garage acknowledges that listings may contain photographs and other multimedia in which intellectual property rights are owned by third parties. We do not claim ownership over such material and rely on the warranty in clause 8.1 that the Buyers and Sellers have the necessary permissions to upload such material and license it to us.
9.1 To the extent permitted by law, Trading Garage provides no warranty or guarantee in relation to the Items listed on the Platform, whether express or implied. Trading Garage cannot guarantee that Items are of merchantable quality, are fit for purpose, that the details provided of the Items are true and correct, that Sellers have title and undisturbed possession of the Items, or that there are no undisclosed securities or other encumbrances in relation to the Items.
9.2 To the extent permitted by law, you indemnify and hold harmless Trading Garage and its directors, officers, agents, employees and other personnel from any and all actions, claims (including negligence claims), demands, damages, losses (including consequential losses), liabilities, costs (including legal costs on a full indemnity basis) or expenses arising out of or in any way connected with the use of the Platform and any dispute in relation to the use of the Platform, whether at law, equity or other means.
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 7% service fee on the full amount of the final sale price (inclusive of GST) unless any of the following apply:
10.2 The Seller will pay to Trading Garage:
10.3 Fees under this clause are charged in Australian Dollars and include GST. We are not responsible for any tax liabilities incurred by Sellers or Buyers in relation to the Sales Process.
11.1 Any personal information that you provide us will be handled in accordance with our privacy policy.
11.2 Our Platform also uses cookies, which are handled in accordance with our cookies policy.
12.1 We may amend these Terms and Conditions from time to time by posting an updated version on our Platform. Such amendments will be binding on you 14 days from the day they are displayed, except in relation to a Sales Process that is ongoing at the time the amendments come into force. We recommend checking these Terms and Conditions regularly to ensure that you are up to date.
13.1 These Terms and Conditions are governed by the laws of New South Wales, Australia. You agree to submit irrevocably to the non-exclusive jurisdiction of the courts of the New South Wales, Australia for the purpose of resolving any dispute arising from or in relation to these Terms and Conditions.
14.1 If any provision of these Terms and Conditions is held by a court to be unlawful, invalid or unenforceable, it is to be severed from these Terms and Conditions so that the other provisions remain unaffected and enforceable.
15.1 Any delay or failure in the enforcement of these Terms and Conditions by Trading Garage will not be deemed a waiver of our rights. Any waiver will only take effect if we confirm it in writing.
16.1 Any rights not expressly granted in these Terms and Conditions are hereby 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.