Terms and Conditions
This page tells you the terms and conditions on which you may use our website privatesalecaravans.co.uk whether as a visitor or Registered User.
Please read these Terms carefully and make sure that you understand them before you start using Private Sale Caravans. By using Private Sale Caravans, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms please do not use Private Sale Caravans.
If you apply to become a Registered User you will be asked to click to "Accept" these Terms. If you refuse to do so, you will not be able become a Registered User. Where you have refused to click to "Accept" but continue to use as a visitor your continued use of Private Sale Caravans will indicate acceptance of these Terms.
You may access most areas of this website without ordering or registering your details with us.
This website is owned and operated by Private Sale Caravans.
When you visit our website you are required to accept the terms and conditions listed below in return for receiving information about our company, services and any other business information supplied. By accessing any part of this website, you indicate you accept this notice. If you do not accept you must leave this website immediately.
If your use of material on this website result in the need for servicing, repair or correction of equipment, software or data, you assume all associated costs.
2. Definitions Used In These Terms
"Private Sale Caravans”, "We", "Us", or "Our" means:
Private Sale Caravans Ltd
Registered in England and Wales under company number 11375978, and at:
117E Sandgate High Street
"Confirmation" means our e-mail confirmation to you that you have become a Registered User.
"Content" means the data, text, information, adverts, messages, details, screen names, photographs, graphics, software, files, sounds, static and mobile images and all other material on Private Sale Caravans.
"Items" means all goods offered for sale that have been Posted on Private Sale Caravans.
"Minor" means a person under 18 years of age.
"Post" means display, exhibit, publish, distribute, upload, transmit and/or disclose and the words "Posted" and "Posting" shall be interpreted accordingly.
"Private Sale Caravans" means all web pages available under the domain privatesalecaravans.co.uk
"Registered User" means anyone who has a Private Sale Caravans account.
"Services" means all or any services provided by us through Private Sale Caravans including without limitation our on-line venue.
3.1 Private Sale Caravans is a venue for private owners to advertise and sell their caravan / lodge. Sellers may list Items, buyers may find Items and Registered Users may exchange their reasonably held and legal views and opinions.
3.2 We are not responsible for contracts for the supply of goods, services or information formed through Private Sale Caravans (or as a result of visits made to Private Sale Caravans) between you and other Private Sale Caravans users. We are simply a venue.
3.3 Any contract is between the buyer and the seller and is subject to the terms and conditions which are implied by law or which the buyer and seller agree between themselves or both. Private Sale Caravans is not a party to the contract between the seller and buyer nor is Private Sale Caravans liable under it.
3.4 We do not provide any warranties or assurances in relation to the Items you purchase (or attempt to purchase) from third party sellers through Private Sale Caravans, or from companies to whose website we have provided a link on Private Sale Caravans, and any such warranties and assurances are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. If you would like information about your legal rights you should contact your local trading standards or citizens advice bureaux.
4. Registered Users
4.1 By becoming a Registered User, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old or if you are a Minor you have the prior written consent of your parent or guardian to become Registered User.
(c) you are acting as a private individual, and not on behalf of any business entity, trade body or company.
(d) you may not assign, transfer or otherwise deal with your membership.
4.2 Your application to become a Registered User constitutes an offer by you to us to enter into a binding contract with us to become a Registered User. We do not have to accept your application. We will act in accordance with the law when deciding whether or not to accept your application.
4.3 A contract, in relation to your use of Private Sale Caravans as a Registered User, will come into existence and these Terms shall become binding on you in respect of such use and us when you begin to use Private Sale Caravans as a Registered User.
4.4 English is the only language in which our contract may be concluded.
4.5 You agree not to impersonate any other person or entity or to use a false name or a name you are not authorised to use. You are not allowed to register multiple memberships. Violation of this clause may result in termination of your membership.
4.6 By using this site, you warrant that any personal information provided is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your personal information by updating your member profile on the site or contacting us.
5. Posting to Private Sale Caravans
5.1 You are solely responsible for your Content when using Private Sale Caravans. We are not responsible, or liable whatsoever, for the content or accuracy of any Content Posted by you or any other user of Private Sale Caravans.
5.2 You undertake that any Content Posted by you will comply with those standards and you indemnify us for any breach of that undertaking.
6. Limitations of Use
6.1 The site is designed for persons located in the UK. We make no representation that any information, materials or functions included in this site are appropriate for use in any other jurisdiction.
6.2 Registered User’s passwords should be kept confidential at all times, and must not be shared or disclosed to anyone. You are responsible for all activities and orders that occur or are submitted through your membership. If you know or suspect that someone has knowledge of your password then you should contact us immediately.
6.3 You may not use the site for any unlawful or unauthorised purpose, including without limitation:
• Distributing any unlawful, libellous, abusive, threatening, harmful, obscene or otherwise objectionable material
• Transmitting material that constitutes a criminal offence, results in civil liability or otherwise breaches any laws, regulations or codes of practice
• Interfering with any other persons use or enjoyment of the site
• Damaging, disabling or impairing the operation of this site or attempting to gain unauthorised access to this site or to networks connected to it, through hacking, spoofing or other such similar means
7. Intellectual Property
7.1 All copyright, trade marks and other intellectual property rights in this site and its content (including without limitation the site design, text, graphics, logos, icons, images and all software, databases and source code connected with the site) are owned by or licensed to Private Sale Caravans Ltd or otherwise used by Private Sale Caravans Ltd as permitted by law.
7.2 You may download or print selections of this web site if only used for your personal information and not for reproduction. Except where stated, the text, graphics and information of the web site are the copyright of Private Sale Caravans Ltd. Copying and storage of this web site for permanent use or incorporation and reproduction whether for new media or paper use is strictly prohibited.
7.3 Any rights not expressly granted in these terms are reserved. The entire contents of Private Sale Caravans Ltd are copy protected with all rights reserved and remain our property.
7.4 You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use Content separately from any accompanying text.
7.5 Our status (and that of any identified contributors) as the authors of Content on Private Sale Caravans must always be acknowledged.
8.1 Once your order has been accepted, this represents an agreement between you and Private Sale Caravans. Payment is made through a secure payment gateway. All prices are non-inclusive of VAT and quoted in British (Sterling) Pounds.
8.2 We may change our prices from time to time. In which case you will be notified of this in advance and have the opportunity to decline payment. If you decline payment you will not receive the Services to which such payment relates.
8.4 We will not start to provide the paid-for Services (and shall be under no obligation to do so) until we have been paid in advance in accordance with these Terms.
8.5 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend our performance of the paid-for Services until you have paid the outstanding amounts.
8.6 You are given the opportunity to check your Application and cancel it or amend it prior to its final submission to us. You have agreed that we will begin to provide the Services immediately on our issuing a Confirmation. Please note that once we have issued a Confirmation, provided you with a copy of these Terms in a durable medium and we have begun to provide the Services (i.e. activated your account) you may not cancel or amend our contract and you will lose any cancellation rights which you may have had under the Consumer Protection (Distance Selling) Regulation 2000. This does not affect your other statutory rights and you may still cancel our contract where you are legally entitled to do so, for example, in accordance with these Terms or because of our breach.
9.1 You may cancel an order at any time by notifying us at firstname.lastname@example.org, but once your advert has been Posted you lose any rights to a refund.
10. Ending Our Contract
10.1 You may terminate your registration at any time, for any reason, with immediate effect by contacting us via email@example.com . We reserve the right to check the validity of any request to terminate registration.
10.2 We may terminate your registration at any time, for any reason, with immediate effect by contacting you at your last known postal or e-mail address.
10.4 If we terminate your right to link to the site you must cease linking to the site immediately. Any person who holds a suspended or terminated membership must not order from or re-join this site without our prior written consent. We reserve the right to assign or sub-contract any or all of our rights and obligations under these terms.
10.6.Termination by either party shall have the following effects:
(a) Your right to use the Services shall immediately cease;
(b) We are under no obligation to forward any unread or unsent messages to you or any third party.
(c) We will within fourteen days refund to you the balance of any monies which you have paid to us (and we have received) which relate to Services to be provided (but not provided) after the date of termination.
10.7 Termination will not affect either party's outstanding rights or duties up to the date of termination, including our right to recover from you any money you owe to us.
11. No Duty to Monitor or Moderate
11.1 We are under no duty to you to monitor or record the activity of any Private Sale Caravans user.
11.2 We have the right (but not the obligation) to monitor any Posting or Content and we have the right to refuse, reclassify or remove any Post or edit any Content, for example (but without limitation) if:
(a) in our opinion, such material does not comply with our Terms; or
(b) we are notified that it may be offensive, illegal or defamatory.
11.3 Please note that Content includes messages sent via our on-line messaging service. This means that messages are not confidential and are not proprietary. We may view, refuse, reclassify or remove messages even if you have not opened the message.
12. Storage of Content (Including Messages)
12.1 We assume no responsibility for the deletion or failure to store, deliver or timely delivery of messages or other Content.
12.2 We may, from time to time and without notice, set limits on the number of messages a Registered User may send, store or receive through the Service and we retain the right to delete any messages about such limits without any liability whatsoever. Any notice provided by us to you in connection with such limits shall not create any obligation to provide future notification.
13. Other Users of Private Sale Caravans: Risks
13.1 You understand that by using Private Sale Caravans you may receive or be exposed to third party Content which you may find indecent, offensive or objectionable but you use Private Sale Caravans at your own risk and we are not responsible for such third party content.
13.2 You understand that we cannot verify the identity of users. This means that some users may not be who they say they are.
13.3 This site may contain links to other websites not under the control of Private Sale Caravans. Private Sale Caravans is not responsible for the practices, content or availability of such websites. We provide the links as a convenience only and any link does not imply endorsement of, sponsorship of, or affiliation with the linked site. If you decide to access linked third party websites, you do so at your own risk, and we will not be held responsible or liable for any loss or damages caused by use of or reliance on any contents, goods or services available on such websites.
14. Linking to Private Sale Caravans
14.1 You may link to Private Sale Caravans, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
14.2 Private Sale Caravans must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
14.3 If you wish to make any use of material on Private Sale Caravans, please contact firstname.lastname@example.org
15. Limitation Of Liability
15.1 The material displayed on Private Sale Caravans (including without limitation Content and Posts) is provided without any guarantees, conditions or warranties as to its accuracy.
15.2 Subject to clause 13.3, to the extent permitted by law, we hereby expressly exclude:
(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
(b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Private Sale Caravans or in connection with the use, inability to use, or results of the use of Private Sale Caravans, any websites linked to it and any materials posted on it, including, without limitation any liability for:
(i) loss of income or revenue;
(ii) loss of business;
(iii) loss of profits or contracts;
(iv) loss of anticipated savings;
(v) loss of data;
(vi) loss of goodwill;
(vii) wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
15.3 Nothing in these Terms limits or excludes our liability for death or personal injury arising from our negligence, or our liability for our fraudulent misrepresentation or our misrepresentation as to a fundamental matter nor for any other liability which cannot be excluded or limited under applicable law.
15.4 Without prejudice to the general limits on our liability referred to in clause 15.2 and subject to clause 15.3:
(a) we are under no obligation to you to monitor or record the Postings, Content or other activities of users of Private Sale Caravans;
(b) we do not assume any responsibility for the quality, safety or legality of Items;
(c) we do not assume any responsibility for the truth or accuracy of any Postings or Content;
(d) we make no promises, warranties or guarantees about your ability to buy or sell Items using Private Sale Caravans;
(e) we are not responsible for third parties. For example, it is not our responsibility if a seller’s Items are not as described or if a buyer does not pay for Items.
16. No Reliance
16.1 Commentary and other materials posted on Private Sale Caravans are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to Private Sale Caravans, or by anyone who may be informed of any of its contents.
17. Interruption of Service
17.1 Access to Private Sale Caravans is permitted on a temporary basis. We reserve the right to interrupt, withdraw or amend the Service without notice. For example, if it is necessary or desirable for us to interrupt the Service (for example for routine maintenance) then we may do so without telling you first.
17.2 You agree that we are not liable to you for any loss whether foreseeable or not arising out of or in connection with unavailability or interruption of the Service except that, if you are a Registered User and the Service has been unavailable for a continuous period of 7 days your only remedy is to terminate your contract and we will refund the unused portion of your fees.
18. Viruses, Hacking and Other Offences
18.1 You must not misuse Private Sale Caravans by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Private Sale Caravans, the server on which Private Sale Caravans is stored or any server, computer or database connected to Private Sale Caravans. You must not attack Private Sale Caravans via a denial-of-service attack or a distributed denial-of service attack.
18.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Private Sale Caravans will cease immediately.
18.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Private Sale Caravans or to your downloading of any material posted on it, or on any website linked to it.
19.Feedback and User Submissions
19.1 We do not solicit nor wish to receive any confidential or proprietary information from you. Nor do we wish to receive any creative materials, ideas or suggestions other than those we specifically request.
19.2 If you do send to us by email or otherwise, any communication or material, you represent and warrant that the information and material is original to you, and you will be deemed to have granted us a perpetual, world-wide, royalty-free license to use such communications or material in any way we see fit and we will be free to use any such material or information contained in communications you send for any purpose whatsoever.
20.1 If we fail, at any time during the term, to insist upon strict performance of any of your obligations, or if we fail to exercise any of the rights or remedies to which we are entitled, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
20.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
20.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
21. Entire Agreement
21.1 These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
21.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
21.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
21.4 Nothing in this clause limits or excludes any liability for our fraud.
22. Our Right To Vary These Terms And Conditions
22.1 We have the right to revise and amend these terms and conditions from time to time.
23.1 If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
24.1 Nothing is intended to or shall be deemed to establish any partnership of joint venture between us or make either of us an agent or employee of the other.
25. Third Party Rights
25.1 A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
26. Dispute Resolution
26.1 If any dispute arises out off or in connection with Private Sale Caravans, we will first attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between us, the mediator will be nominated by CEDR.
27. Written Communications
27.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using Private Sale Caravans, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
28. Governing Law
28.1 This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.