WHO WE ARE
1.1 “Car Farm” / “we” / “us” and “our” means The Car Farm Hong Kong Limited.
1.2 Our registered address is The Car Farm Hong Kong Limited, The Star, Ground Floor, Shop 1-2, 16-18 Yip Shing Street, Kwai Chung, Hong Kong.
ABOUT OUR TERMS
2.1 These Terms explain how you may use this website www.carfarm.com.hk (the “Site”). Additional to these Terms, the following terms apply to your use of the Site:
2.2 Our privacy policy is available here, which sets out the terms on how we handle your personal information; and
2.3 Our cookie policy is available here, which sets out information about the cookies on our Site.
2.4 You should read these Terms carefully before using the Site.
2.5 By accessing or using the Site or otherwise indicating your consent, you agree to be legally bound by these Terms and the documents referred to in them.
2.6 If you do not agree with or accept any of these Terms, you should stop using the Site immediately.
2.7 If you have any questions about the Site, or you would like to make a complaint about our services, please contact us by e-mail on: [email protected]
2.8 Where we have received a complaint by you in relation to our services, we shall acknowledge your complaint within two (2) working days and subsequently conduct reasonable investigations into it. If, after such investigation, we establish that there may be an issue with our services, we shall, at our sole discretion, either:
2.8.1 take steps to remedy the defect in our services; or
2.8.2 where you have already paid our fees in accordance with clause 11, refund you a fair proportion of those fees paid; or
2.8.3 where you have not already paid our fees in accordance with clause 11, charge you a fair proportion of fees (include no fees, where reasonable).
2.9 If you’ve contacted us and you feel that we haven’t resolved your complaint satisfactorily, please email or write to us at:
Email: [email protected]
The Car Farm Hong Kong Limited, The Star, Ground Floor, Shop 1-2, 16-18 Yip Shing Street, Kwai Chung, Hong Kong
DEFINITIONS
3.1 “Auction Lot” means any lots listed on the Site including Vehicles (Car’s and Motorcycle), Watches and Memorabilia / Collectibles.
3.2 “Buyer” means a person who registers with us and is accepted to submit bids for the purchase of an Auction Lot;
3.3 “Buy Now” means the process described in clause 11.6
3.4 “Content” means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;
3.5 “Live Auction” has the meaning given to it in clause 6.3
3.6 “Seller” means the person who registers with us and is accepted to list a Auction Lot for sale;
3.7 “Site” has the meaning given to it in clause 2.1;
3.8 “Terms” means these terms and conditions of use as updated from time to time under clause 22;
3.9 “Vehicle” means any car or motorbike listed on the site including but not limited to spares, tools and documentation listed as being part of the Auction Lot;
3.10 “you” means a Buyer or a Seller or any other person accessing, browsing or using the Site or its Content (and “your” shall have the same meaning).
USING THE SITE
4.1 We only provide a platform for a Seller to list their Auction Lot for sale and a Buyer to bid on an Auction Lot with the intent of purchasing such Auction Lot. We do not act as agent of the Seller. We are not involved in the contracting process nor are we a party to the sale contract between the Buyer and the Seller.
4.2 You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.
4.3 We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or applicable law.
4.4 As a condition of your use of the Site, you agree:
4.4.1 not to use the Site for any purpose that is unlawful under any applicable law or prohibited by these Terms;
4.4.2 not to use the Site to commit any act of fraud;
4.4.3 not to use the Site to distribute viruses or malware or other similar harmful software code;
4.4.4 not to use the Site for purposes of promoting unsolicited advertising or sending spam;
4.4.5 not to use the Site to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
4.4.6 not to use the Site in any manner that disrupts the operation of our Site or business or business of any other entity;
4.4.7 not to use the Site in any manner that harms minors;
4.4.8 not to promote any unlawful activity;
4.4.9 not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
4.4.10 not to use the Site to gain unauthorised access to or use of computers, data, systems, accounts or networks; and
4.4.11 not to attempt to circumvent password or user authentication methods.
YOUR ACCOUNT WITH US
5.1 The Site is available for users if you are at least 18 years old. In order to use the Site as a Buyer or Seller you must first register, and you will need to provide at least the following information:
5.1.1 first and last name;
5.1.2 date of birth;
5.1.3 address;
5.1.4 details of your credit card and
5.1.5 such other information as may be requested at signup.
5.2 For a Seller, you must confirm that you have legal ownership of the Auction Lot.
5.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
5.4 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
5.5 If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us.
LISTING A AUCTION LOT FOR SALE ON OUR SITE
6.1 You first submit a request and upload photos and related information on the Auction Lot. Further information can be found in our FAQ.
6.2 Car Farm will consider the proposed Auction Lot and confirm if the Auction Lot is accepted to be listed on the Site. There will be a pre-auction period where you will need to wait for the Auction Lot to go live.
6.3 After the Auction Lot is accepted for listing, you shall be committed to have the Auction Lot listed with us exclusively for at least a 7- to 14-day auction (a “Live Auction”). This means that during this period, you shall not use another means of sale unless we agree and notify you in writing of our consent.
6.4 You can require a reserve for the Auction Lot. Further information can be found in our FAQs.
6.5 Car Farm gives no warranty or representation as to the anticipated or likely selling price of any Auction Lot. Any estimate given, whether written or oral, as to the estimated selling price of any Auction Lot is a statement of opinion only and may be subject to revision from time to time at Car Farms’ sole discretion and should not be relied upon as an indication of the actual selling price.
6.6 In the event the Seller is deemed to have waived the reserve and will accept the Buyer’s highest bid, Car Farm accept no responsibility and will remove the reserve set by the Seller.
6.7 If you are a Seller listing an Auction Lot for sale, you are solely responsible for the factual accuracy of, and for any judgments or opinions expressed in, the description of each Auction Lot entered by you, and for any error, misstatement or omission of information in that description, as well as the condition, authenticity and quality of the Auction Lot. If you are a Seller you represent and warrant that you are the legal owner of the Auction Lot and free to sell the Auction Lot listed on the Site and that the sale to the successful Buyer will be free of any charges or encumbrances and transfer legal ownership to the Buyer.
6.8 If you as the Seller withdraw your Auction Lot from sale, or from the Coming Soon list, you will be obliged to pay the ‘Minimum Fee’s’ of HKD8,000.00 for car’s and HKD250.00 for watches, motorbike’s and memorabilia item’s to The Car Farm Hong Kong Limited.
SELLER CONTENT AND DESCRIPTION
7.1 The description of the Auction Lot is, to the best of the Seller’s knowledge, accurate and not misleading. The Seller has notified (or will before the Live Auction notify) Car Farm in writing of any material alterations to the Auction Lot of which the Seller is aware, and of any concerns expressed by third parties in relation to the authenticity, provenance, origin, age, condition or quality of the Auction Lot, and has provided Car Farm with all such information in the Seller’s possession or control.
7.2 While Car Farm does perform some verification processes, Car Farm shall not be liable to the Seller or the Buyer for any error or misstatement in or omission from the description of any Auction Lot where Car Farm has:
7.2.1 provided the Seller with a copy of the description within a reasonable time prior to the Live Auction; and
7.2.2 neither the Seller nor any person on his behalf has notified Car Farm in writing within a reasonable time before the Live Auction of any error or misstatement in or omission from the description, and Car Farm may treat that description as accepted by the Seller.
7.3 Car Farm has no duty to the Seller or the Buyer to investigate the accuracy of the description of any Auction Lot provided by or on behalf of the Seller.
7.4 If a sale is lost because of the failure of the Seller to disclose to Car Farm all information which may reasonably be expected to affect the provenance, title, value or any other aspect of the Auction Lot, the Seller shall pay the fees to Car Farm in accordance with clause 6.8.
7.5 The Seller gives Car Farm the full and absolute right to photograph and illustrate any Auction Lot consigned for sale, and to use such photographs and illustrations at any time at its absolute discretion (whether or not in connection with the Live Auction).
7.6 Photographs and illustrations used for the Auction Lots are for identification purposes only. They may not show the true condition and colour, (which may be inaccurately reproduced) of the Auction Lot.
7.7 Estimates and descriptions for the Auction Lots may be amended at Car Farms’ discretion from time to time by notice to the Seller given orally or in writing before or during a Live Auction.
BIDDING FOR A VEHICLE, WATCH OR MEMORABILIA ON OUR SITE
8.1 If you are a Buyer bidding for an Auction Lot (or making an offer on an Auction Lot in the Buy Now period — throughout these Terms the word “bid” shall include making an offer in the Buy Now period) you acknowledge that it is your responsibility to:
8.1.1 arrange an inspection of an Auction Lot you intend to bid on.
8.1.2 check the accuracy of your bids, all bids are made at your own risk.
8.1.3 independently determine the description, ownership, value, condition, authenticity and quality of the Auction Lot.
8.1.4 pay for any logistic (shipping and delivery) costs associated with your purchase of an Auction Lot and associated fee’s with the transfer of ownership.
8.2 As a Buyer you agree that each bid submitted for an Auction Lot is:
8.2.1 a legally binding obligation by you.
8.2.2 that you are making an irrevocable offer to purchase that Auction Lot and you shall pay to the Seller the final amount of your highest bid.
You cannot withdraw your bid.
If you as the successful Buyer fail to complete the purchase of the Auction Lot (including failing to pay to the Seller the final amount of your highest bid within the timeframe agreed with the Seller) for any reason other than the default of the Seller, you will be obliged to pay the fees to Car Farm in accordance with clause 11. Car Farm will attempt to sell the Auction Lot to an underbidder with the approval from the Seller.
8.3 If your bid is successful, subject to achieving any reserve required by the Seller unless the reserve is waived by the Seller, you will pay to the Seller the final amount of your highest bid within 7 working days of the auction ending unless otherwise agreed with the Seller. If you do not make payment in full to the Seller within the 7 working days, or within the timeframe agreed with the Seller, you will lose the right to purchase the Auction Lot. The Buyer will be responsible for the fee’s payable to Car Farm and will not be refundable.
8.4 It is for the Buyer and Seller to agree a suitable payment method for the Auction Lot.
8.5 Car Farm may at its discretion remove any bid made by a Buyer bidding for an Auction Lot if:
8.5.1 you have not provided us with a valid payment method for our fees, either because we could not pre-authorise your payment card, or for any other reason.
8.5.2 you have made a clear typographical error.
8.5.3 we believe the Seller is bidding for the relevant Auction Lot, or we believe you are bidding on behalf of the Seller; or
8.5.4 you did not pass one or more of the background checks we have made on you.
AUCTION PROCESS AND SALES OUTSIDE CAR FARM
9.1 We have the right, at our absolute discretion, to withdraw any Auction Lot from the Coming Soon List or a Live Auction, whether the Auction Lot has a reserve or not. We are not required to provide any reason for exercising this right of withdrawal. We have the right to re-run any Live Auction (for a shorter period) and offer for sale again any relevant Auction Lot, if in our absolute discretion it is in the best interests of Buyers and the Seller due to delays, interruptions or errors having affected the original Live Auction.
9.2 Buyers and Sellers shall not engage in any activity designed to complete or facilitate a transaction for the sale or purchase of an Auction Lot outside of the Site. If any sale of an Auction Lot is concluded outside of the Site in any event the Seller will be obliged to pay the fees to Car Farm in accordance with clause 11 that would have been paid had the Auction Lot been sold via the Site, calculated on the last reserve you agreed with Car Farm or if none Car Farm’s minimum fee schedule.
DISPUTE RELATING TO A SALE
10.1 Any dispute with respect to the sale of any Auction Lot shall be resolved between the Buyer and Seller and without the participation of the Car Farm.
OUR FEES
11.1 Using the Site is free for Buyer’s, except where otherwise stated in these Terms. On the sale of a successful auction, our fee’s are paid by the Buyer in accordance with our fee terms.
11.2 When you bid on an Auction Lot, our third-party payment provider will put a hold on your credit card for the fee payable if you are the successful bidder. You will be providing credit card information to our third-party provider directly, which operates a secure server to process payment details, encrypting and tokenising your credit/debit card information, processing any pre-authorisations and authorising payment. By registering to make payment to us using your credit card, you accept and agree to be bound by our third-party terms and acknowledge that they constitute a legally binding contract.
11.3 On the sale of a successful auction, our fee’s are paid by the Buyer in accordance with our fee schedule. Please see the Car Farm fee’s here.
11.4 Your credit card will only be charged if you are successful in the auction in which case immediate payment shall be taken by Car Farm for our fees with 100% of the winning bid amount payable to the Seller. The fees payable to Car Farm are non-refundable, your legal rights as a consumer are not affected.
11.5 The fees for our service will be charged in Hong Kong dollars (HKD).
11.6 Post-auction ‘Buy Now’ option:
In case the Auction Lot does not sell when the auction period is finished, the Seller will be given the option to continue listing the Auction Lot on the Site for a period of 7 calendar days. The Buy Now price is determined based on the last reserve the Seller agreed with Car Farm. The Buyer making an offer on the Auction Lot, the Seller will immediately pay to us our fee according to our fee terms.
YOUR PRIVACY AND PERSONAL INFORMATION
12.1 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
12.2 Our privacy policy is available here.
12.3 Payment information you supply to our Third-Party payment provider is not within our control and is subject to our Third-Party payment provider’s own privacy policy and terms and conditions.
CANCELLING THIS CONTRACT
13.1 Consumers’ right to cancel:
These cancellation instructions apply to the contract between you and Car Farm for the provision of the online auction service. It does not apply to the cancellation of any contract to purchase an Auction Lot following a winning bid.
13.2 Cancelling your account:
Unless you are participating in a Live Auction, you can cancel your account membership with us at any time by informing us of your decision by contacting the Car Farm.
13.2.1 If you are a Seller who has listed an Auction Lot or a Buyer who has submitted a bid on an Auction Lot during a Live Auction you cannot cancel this contract until the end of the Live Auction.
SUBMITTING INFORMATION TO THE SITE
14.1 While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential.
14.2 Whenever you make use of a feature that allows you to upload Content to Car Farm or the Site, or to make contact with other users of our Site, you must not provide Content that is illegal, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate.
14.3 You warrant that any such Content does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
14.4 Any Content you upload to the Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but you are required to grant us and other users a limited licence to use, store and copy that Content and to distribute and make it available to third parties.
14.5 You cannot provide Content that you do not have the right to submit, unless you have the owner’s permission; this includes material covered by someone else’s copyright or any other proprietary right.
14.6 We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.
14.7 We will not be responsible, or liable to any third party, for the content or accuracy of any Content posted by you to the Site and/or Car Farm.
14.8 We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards posted on the Site.
14.9 The views expressed by other users on our Site do not represent our views or values.
OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS
15.1 When you upload or post content or submit material to Car Farm or the Site, you grant to us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, modify, distribute and display descriptions and images of your Auction Lot in connection with the service provided by the Site and across different media and for the purposes of marketing and promotion of the Site and Car Farm. You represent and warrant that you own or otherwise control all of the rights to the content that you upload or post.
15.2 The Site and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). Intellectual property rights mean rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
15.3 Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.
TRADEMARKS
16.1 “Car Farm” and our logo are our trademarks. Other trademarks and trade names may also be used on the Site. The use of any trademarks on the Site is strictly prohibited unless you have our prior written permission.
ACCURACY OF INFORMATION AND AVAILABILITY OF THE SITE
17.1 While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
17.2 We may suspend or terminate operation of the Site at any time as we see fit.
17.3 News, articles, podcasts or similar media are provided for your general information purposes only and to inform you about us and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
17.4 While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.
HYPERLINKS AND THIRD PARTY SITES
18.1 The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party’s website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.
18.2 You may create a link to our Site from another website without our prior written consent provided no such link:
18.2.1 creates a frame or any other browser or border environment around the content of our Site;
18.2.2 implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Site; or
18.2.3 displays any of the trademarks or logos used on our Site without our permission or that of the owner of such trademarks or logos.
18.3 We reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.
LIMIT ON OUR RESPONSIBILITY TO YOU
19.1 Limit on our responsibility to you if you are a consumer:
19.2 If you are a consumer, except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
19.2.1 losses that:
19.2.1.1 were not foreseeable to you and us when these Terms were formed; or
19.2.1.2 that were not caused by any breach on our part;
19.3 business losses; and
19.4 losses to non-consumers.
19.5 Limit on our responsibility to you if you are not a consumer:
19.6 our total liability shall not exceed the sum of monies paid or payable to us by you for the services under this contract.
19.7 we shall not be liable for consequential, indirect or special losses.
19.8 we shall not be liable for any of the following (whether direct or indirect):
19.8.1 loss of profit;
19.8.2 loss or corruption of data;
19.8.3 loss of use;
19.8.4 loss of production;
19.8.5 loss of contract;
19.8.6 loss of opportunity;
19.8.7 loss of savings, discount or rebate (whether actual or anticipated);
19.8.8 harm to reputation or loss of goodwill.
19.8.9 Notwithstanding any other provision of the contract, our liability shall not be limited in any way in respect of the following:
19.8.10 death or personal injury caused by negligence;
19.8.11 fraud or fraudulent misrepresentation; or
19.8.12 any other losses which cannot be excluded or limited by applicable law.
19.9 A sale contract for an Auction Lot is between a Seller and a Buyer. Car Farm does not guarantee and is not responsible for the performance of a Buyer or a Seller participating in a sale of any Auction Lot. We shall not be responsible for their obligations in the sale contract and we exclude all liability arising from the sale contract.
19.10 We cannot guarantee the continuous operation of or access to our Site. Bid update and other notification functionality via our Site may not occur in real time. The functionality of our Site is subject to delays, interruptions and errors beyond Car Farm’s control.
Car Farm shall have no liability for any such delays, interruptions, errors or other problems.
EVENTS BEYOND OUR CONTROL
20.1 We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
RIGHTS OF THIRD PARTIES
21.1 No one other than a party to these Terms has any right to enforce any of these Terms.
VARIATION
22.1 No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 22. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
UNENFORCEABLE PROVISIONS
23.1 If any provision of these Terms is found to be unenforceable, all other provisions shall remain unaffected.