BARMOUTH AREA CARAVAN SALES
TERMS AND CONDITIONS
Listing Terms And Conditions ('Conditions')
Please read these Conditions carefully as they govern the provision of a digital Listings package by us to you. We may modify these Conditions from time to time and you should therefore ensure that you review these Conditions regularly.
In these Conditions, "we", "us" or "our" means Barmouth Area Caravan Sales. When we refer to Barmouth Area Caravan Sales this includes the website located at www.barmouthareacaravansales.co.uk ("Barmouth Area Caravan Sales "), and all other Barmouth Area Caravan Sales platforms including mobile and tablet, and the Barmouth Area Caravan Sales Apps (If applicable) owned and operated by us.
These Conditions apply to any Listing that is placed, renewed and/or amended until that Listing expires or is amended or renewed.
1. OUR CONTRACT WITH YOU
1. These Conditions apply to any Listing that is placed on Barmouth Area Caravan Sales, and together with all other policies and terms posted on the Barmouth Area Caravan Sales Website, set out the terms on which we enter into a contract with you.
2. By placing a Listing with us, you are deemed to have accepted these Conditions.
3. Each time we accept a request from you to place a Listing on Barmouth Area Caravan Sales, a separate severable contract is formed between you and us which is subject to these Conditions.
2. PLACING A LISTING WITH US
1. When we have accepted your request for a Listing, whilst we cannot give any guarantees regarding timescales, we aim to process and publish your Listings within 48 hours of receipt.
2. Listings placed may appear on all Barmouth Area Caravan Sales platforms, including desktop, mobile and tablet, and all third-
3. As soon as your Listing has been accepted for publication, a proof of the Listing will be sent in reply to the format of the platform the Listing was requested on e.g email, Facebook. You can request any alterations and changes during this period. Once the proof is agreed, it will be published. We are happy to make changes to the Listing anytime during the duration of the publication and at no charge.
4. No contract will be deemed to exist between you and us until you have confirmed acceptance of the proof, and you have received a confirmation/reply from us.
3. LISTING CONTENT GUIDELINES
1. Each Listing may only feature one Caravan. If you have more than one Caravan to sell you will need to place a separate Listing for each Caravan.
2. We are only able to display one Listing for each Caravan at any one time. These will be put into the applicable Categories at no extra charge.
3. We may accept photographs and videos of Caravans for use in a Listing. However, we reserve the right in our sole discretion not to include a photograph and/or video in a Listing.
4. We shall have no responsibility for the quality of any photographs and/or videos you provide to us or we take from your website or other social media platforms.
5. Photographs and videos which form part of the Caravan Listings must:-
1. show only one Caravan.
2. be accurate in their description of the Caravan being displayed.
3. comply with all applicable legislation and regulation.
4. not contain any material that is subject to third party intellectual property rights or other third-
5. not disclose any personal information in respect of any individual (and personal information for the purpose of these Conditions is any information that can be used to identify a person or contact a person by any means).
6. not contain text or audio not relevant to the Caravan being described.
7. not be in any language other than English.
8. not be irrelevant or off-
6. If a photograph and/or video in your Listing does not meet the requirements set out in Condition 3.5, we reserve the right not to publish the photograph and/or video (as applicable).
7. If you need to amend your Listing, you can contact us anytime.
8. You warrant that:
1. you are a resident in the UK.
2. you have the right to sell the Caravan in the Listing.
3. the Listing you are placing is a true and accurate representation of the Caravan to which it relates.
4. the Listing has consistent and accurate pricing.
5. you will not act fraudulently and will sell any Caravan that is lawfully not yours.
6. the Listing by us will not breach any contract, infringe any third-
4. OUR RIGHTS AND OBLIGATIONS
1. We shall provide a service with reasonable care and skill in a professional and timely manner. However, you acknowledge and accept that it is technically impossible to guarantee that Barmouth Area Caravan Sales will be continuously available online or to guarantee the corruption free or error free transfer of a Listing to Barmouth Area Caravan Sales.
2. From time to time, we will need to carry out maintenance on our equipment and systems, and we shall use our reasonable endeavours to ensure that, in so doing, minimum disruption to any Listings is caused.
3. We will use reasonable endeavours to remedy faults or errors on Barmouth Area Caravan Sales as soon as possible. [You acknowledge and accept that once a fault or error has been reported to us, it may take up to 48 hours for us to investigate and rectify the problem].
4. We reserve the right to refuse to publish any Listing without reason.
5. We may at any time remove any or all the materials from the Listing which in our opinion are unlawful or are in breach of these Conditions.
6. We may at any time vary the technical specifications of Barmouth Area Caravan Sales (or any parts of them) for operational reasons.
5. CHARGES AND PAYMENT
1. The cost of placing a Listing on Barmouth Area Caravan Sales depends on the Listing package you select, and all prices are quoted on Barmouth Area Caravan Sales. All prices are inclusive of VAT.
2. We have the right to change our Listing rates at any time and for any reason, but any revised rates shall not apply to any Listings placed with us before publication of the revised rates.
3. All Listings must be pre-
4. An Invoice will only be sent on completion of the Listing and your approval has been given. Payment for Listings must be made by Bank Transfer with an Invoice for these services given to you that contains Bank Information.
6. INTELLECTUAL PROPERTY RIGHTS
1. In respect of any materials which you supply to us ("Materials"), you grant us a non-
2. You agree that all intellectual property rights (including, without limitation, copyright, trademarks, database rights and design rights (whether registered or not)) in any copy, text, artwork, photographs, videos, or other materials which we have created and/or in any way altered for you in connection with the Listing shall belong to us absolutely.
7. OUR RIGHT TO TERMINATE THE CONTRACT
1. We shall be entitled to terminate the contract with you and remove a Listing at any time. We will provide you with notice of the removal of your Listing. In such circumstances we shall provide a refund to you for the unexpired part of the Listing term unless we have terminated the contract pursuant to Condition 7.2 below.
2. We may immediately suspend or terminate the contract and remove a Listing where you breach a term of these Conditions;
1. you breach any of the provisions of Condition 3.8.
2. we reasonably suspect that you are not complying with the provisions of Condition 3.8.
3. You place a Listing for one Caravan and then modify Listings details to sell multiple Caravans.
4. if in our reasonable opinion, we have reason to believe that you have been abusive to us.
5. any competent law enforcement or compliance authority instructs, advises, or makes a recommendation to us to take down any of your Listings and/or suspend the delivery of services to you.
6. If we remove a Listing in accordance with Condition 7.2 above, you will not be entitled to any refund for the Listing in question.
8. YOUR RIGHT TO CANCEL
1. Please note that the digital Listing package provided by Barmouth Area Caravan Sales is a bespoke package, tailored to your requirements and is created individually. By submitting your Listing to us for publication, you are requesting Barmouth Area Caravan Sales to create and publish your Listing and we will have fully performed our Listing service once your Listing goes live on Barmouth Area Caravan Sales. This means that you will lose the right to cancel your Listing package once the Listing is live, and you will not be entitled to a refund if you wish to remove your Listing.
2. By submitting your Listing for publication, you acknowledge that your right to cancel your Listing package contract at no cost to you will be lost and you will not be entitled to a refund.
3. A Listing can be removed at any time by you, for example to avoid unwanted responses, but no refunds will be given unless you cancel your Listing package due to our breach of the contract.
1. Nothing in these Conditions shall exclude or restrict our liability for death or personal injury caused by our negligence, for fraudulent misrepresentation and/or for any other liability which we are not permitted to exclude or limit by law.
2. If we fail to comply with these Conditions, we are responsible for loss or damage that you suffer as a foreseeable result of our breach of the Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable or for any loss or damage not caused by any breach on our part. Loss or damage would be foreseeable if it were an obvious consequence of our breach or if it were contemplated by you and us at the time the Listing was published, and the contract was formed.
3. We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses, malicious or impairing computer programs or other technologically harmful material that may affect Barmouth Area Caravan Sales, your Listing and/ or may infect your computer equipment, computer programs, data or other proprietary material due to your use of Barmouth Area Caravan Sales or your downloading of any material posted on it or on any website linked to it.
4. We cannot guarantee that by placing a Listing on Barmouth Area Caravan Sales, you will sell the Caravan in question, and we do not commit to finding a buyer for you. Our role is solely to provide a platform on which you can have a Listing for your Caravan for sale.
5. If, because of placing a Listing, you are successful in selling your Caravan, Barmouth Area Caravan Sales will not be connected in any way to that sale and will not be liable or responsible under any contract for the sale of your Caravan which you might enter into with a third party.
6. You agree that any questions and complaints regarding a Caravan in your Listing will be your responsibility only and that we do not have any liability in this regard.
7. In the event of any error or omission in a Listing, we may at our sole discretion either amend the relevant part of the Listing or refund or adjust the charges. No refund, amendment or adjustment to the charges will be made where in our sole opinion, the error or omission does not materially detract from the Listing or where it arises because of incorrect or inadequate information provided by you.
8. We shall not be liable to you for any delay in performing and/or any failure to perform our obligations to you if the delay or failure is due to any event outside of our reasonable control (including without limitation, any act of God, fire, flood, explosion, storm, epidemic or natural disaster, strike, terrorist attack or threat of terrorist attack, infrastructure failure or power failure, denial of service attack, failure of public or private telecommunications networks).
9. Nothing in these Conditions affects your legal rights. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards.
10. DATA PROTECTION AND SECURITY
1. By submitting a Listing to us, you are requesting that your Listing appears on Barmouth Area Caravan Sales Website. This means that the Listing and all information contained within it can potentially be viewed by all persons with internet access throughout the world. You consent to the publication of your data in this way.
11. INFORMATION ABOUT US AND HOW TO CONTACT US
1. If you wish to contact us in writing, you can do so by:
2. Post or hand delivery to Snowdon View, The Quay, Barmouth, Gwynedd. LL42 1EU.
2. Please note that if we must contact you or give you notice in writing, we may do so by e-
1. We may transfer our rights and obligations under these Conditions to a third party and we will always notify you in writing if this happens. This will not affect your rights or our obligations under these Conditions.
2. Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them or any part of them are unlawful, the remaining paragraphs or parts will remain in full force and effect.
3. If we fail to insist that you perform any of your obligations under these Conditions, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive an obligation by you, we will only do so in writing and that will not mean that we will automatically waive any later default by you.
4. These Conditions form a contract between you and us. No other person shall have any rights to enforce them.
5. These Conditions are governed and construed by English law. This means that the contract formed between you and us and any dispute or claim arising out of it will be governed by English law. You and we both agree that the Courts of England and Wales will have non-