1. About Trading Garage
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:
- Enthusiast cars;
- Race cars;
- Motorbikes; and
- Number plates
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. How it works
2.1 The listing:
- 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.
2.2 The Sales Process:
- 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.
2.3 The introduction:
- 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.
2.4 It is the Buyer’s responsibility to ensure that they independently:
- 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
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:
- first name;
- last name;
- country of residence;
- postcode;
- email address;
- display name; and
- password.
3.3 To set up an Advanced Account, users must provide the following additional details:
- credit card details;
- drivers license number or passport number; and
- profile selection (Car Dealer or Private).
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. Our role
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:
- 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.
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. Using our Platform
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:
- 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.
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:
- 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.
5.4 You agree that we have the right to remove any bid made by a Buyer if:
- 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.
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. Seller terms
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:
- 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;
6.3 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. Buyer terms
7.1 Buyers warrant that:
- 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.
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:
- 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.
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):
- 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.
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. Intellectual property rights
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. Liabilities
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. Fees
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).
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. Privacy and cookies
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. Amendments
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. Governing law
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. Severability
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. Waiver
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. Rights reserved
16.1 Any rights not expressly granted in these Terms and Conditions are hereby reserved.
17. Definitions
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.
