SELLER SERVICE TERMS
Remove My Car Limited, a company registered in
England and Wales (No. 07978223) with a registered office
at: 1st Floor, Cashs Business Centre, 228 Widdrington Road,
Coventry, West Midlands, England, CV1 4PB, hereinafter referred to as ‘RMC’ or ‘We’ set out the following
terms and conditions upon which RMC offers a RMC Seller (which may either be a
RMC Public Seller, a RMC Trade Seller or a RMC Trade Member as the case may be)
herein referred to as ‘You’ and ‘Your’
a licence to use www.removemycar.co.uk
(the ‘Site’) and the RMC Interactive
Services (the ‘Terms’). These RMC
by this reference (collectively called the ‘Licence’). These Terms shall remain in full force and effect to the
extent that a RMC Seller makes use of the Site and/ or the RMC Interactive
Services (including during which any UGC remains displayed on, or stored by,
the Site) unless terminated by You or by RMC in accordance with the terms
definitions to be read with these Terms are set out in full at Clause 22.
2.1 By using any of the RMC
Interactive Services and the Site, You expressly agree to be bound by these Terms
and all applicable laws and regulations governing the Site and the RMC Interactive
Services. These Terms form a legally binding agreement between You and RMC in
relation to Your use of the RMC Interactive Services and applies to all RMC Users
of the Site and the RMC Interactive Services as applicable who may also be
contributors of UGC posted on the Site.
2.2 As an intermediary host
advertiser and RMC Auction Platform provider, RMC is dedicated to facilitating
an online venue whereupon RMC Users can interact with RMC and each other as a
RMC Buyer Member or a RMC Seller of Vehicles via the Site and where RMC Sellers
can get the best price for the Vehicle they wish to sell, or dispose of, from fully
licensed, reputable and professional RMC Buyer Members acting throughout the
RMC Buyer Network.
2.3 Subject at all times to
the RMC Seller not being in breach of any of these Terms, RMC are dedicated to facilitating
an exclusive online open marketplace where:
A. RMC Sellers
can, inter alia:
(a) input RMC Valuation Information to receive a RMC
Valuation Offer for FREE which can be accepted by the RMC Seller;
(b) choose to send Your Vehicle to the RMC Auction for FREE which
is accessible by the vast RMC Buyer Network by simply inputting RMC Listing
Information on to the RMC Auction Platform to create a RMC Listing to take
place during the RMC Auction Window within the RMC Auction Opening Times
(subject to successful verification and acceptance of the terms of the Licence);
(c) avail of the RMC Payment Guarantee upon accepting the RMC
(d) choose to accept or not to accept either the RMC
Valuation Offer and/ or the RMC Auction Offer at Your sole discretion;
(e) avail of having Your Vehicle collected for FREE;
(f) avail of the RMC Listing Quota as set out in the RMC
Seller Listing Rules;
(g) contact the RMC Buyer Member at any time if You have any
Special Requests during the Completion Period;
(h) access and view, by way of Your RMC Seller Login (or Your
RMC Trade Login), the progress of Your RMC Listing in real-time by viewing the
Current Bid and the RMC Auction Clock;
(i) have Your Acceptance Details promptly transferred to the
RMC Buyer Member via the RMC Auction Platform to assist a smooth and
hassle-free Transaction during the Completion Period;
(j) complete the Transaction off the Site direct with the RMC
Buyer Member at the Collection Point (subject to the due submission and
verification of the Acceptance Details having been input on the Site as
required during the Acceptance Process or duly provided by You upon Collection
as permitted); and,
(k) avail of any other features that RMC may add from time to
RMC Trade Sellers can inter alia:
(a) register to have a RMC Trade Account accessible via a RMC
Trade Login subject to meeting the RMC Trade Criteria upon registration;
(b) sell unlimited numbers of Vehicles during the RMC Auction
Opening Times beyond the RMC Listing Quota;
(c) avail of storage of Your RMC Trade Auction Records
accessible via Your RMC Trade Account which can be downloaded by You for Your
(d) avail of any other features that RMC may add from time to
2.4 The RMC Interactive Services include, but are not
limited to, the provision of an online RMC Auction Platform from where the RMC
Interactive Services and useful information about the RMC Interactive Services and
the Vehicle industry in general can be accessed. To the extent permitted by the functionality of the RMC
Interactive Services and under these Terms,
UGC can be uploaded and posted by a RMC Seller to the Site.
2.5 You should read these Terms carefully and ensure that
You understand the effect before proceeding to use the Site and/ or the RMC
Interactive Services. If You disagree with any part of these Terms, do not use
the Site for the purpose of the RMC Interactive Services. If You violate these
Terms, RMC may terminate Your use of the Site, bar You from future use of the
Site and/or take appropriate legal action against You.
2.6 RMC reserves the right to change these Terms at any
time without notice, effective immediately upon posting on the Site. Please
check this page of the Site periodically. You agree that RMC will treat
Your use of the Site and/ or the RMC
Interactive Services as acceptance of the these Terms including Your continued use subsequent
to any changes being posted on the Site.
2.7 Words denoting an
obligation on a RMC User to do any act, matter or thing includes an obligation
to procure that it be done and words placing a RMC User under an obligation or
a restriction include an obligation not to permit or allow infringement of the
obligation or restriction.
3. RMC SELLERS: RMC
3.1 RMC Users
agree to comply with thes Terms in full as applicable. Whether registered with
a RMC Trade Account or not, any RMC Seller may input the basic RMC Valuation
Information in to the Site which consists of the Vehicle registration and Your
postcode (of where the Vehicle is located and from where it is intended to be
collected from) in order to receive an instant RMC Valuation Offer.
3.2 You can choose
not to accept the RMC Valuation Offer at the relevant time and re-visit the
Site at any time to receive a new RMC Valuation Offer which may be the same,
higher or lower than the initial RMC Valuation Offer. Alternatively, You can send
Your Vehicle to the RMC Auction to see if You can get a better offer. You can
do this immediately or at another time by re-entering Your RMC Valuation
Information in to the Site and by opting to create a RMC Listing by following
the online steps in accordance with Clause 6. If You choose to accept any RMC
Valuation Offer, You can do this immediately and complete the process by proceeding
to input Your Acceptance Details.
4. REGISTRATION FOR RMC
AUCTION (FOR RMC SELLERS WTH NO RMC TRADE ACCOUNT)
4.1 In order to
make use of the RMC Interactive Services to access the RMC Auction Platform and
to authorise Your RMC Auction to go live, unless You have a RMC Trade Account
with a RMC Trade Login (as described further in Clause 5), You will undergo a
simple verification process. The RMC Seller will receive a PIN (‘RMC Code’) via email or SMS (depending
on Your selection upon creating the first step of Your RMC Listing) (‘Verification Communication’).
4.2 You will be
asked to input Your RMC Code in to the Site in order for RMC to verify Your
email address and/ or Your mobile phone number (‘RMC Seller Login’). Once You have been successfully verified and You
have accepted the Licence, a legally binding contract is formed between You and
RMC, thereby permitting You to make full use of the RMC Interactive Services
and to fully create Your RMC Listing to sell one or more Vehicles!
4.3 You will be
able to monitor the progress of Your RMC Auction in real-time at any time by
logging in to the Site using the Your RMC Seller Login. Once the RMC Auction Window expires and the
RMC Auction has ended, RMC will send You a RMC Auction Completion Notification.
If you choose to accept the RMC Auction Offer, You will be able to log back in
to the Site using Your RMC Seller Login in order to input Your Acceptance
Details. You must accept the RMC Auction Offer within the RMC Auction Offer
Validity Period failing which, the RMC Code in Your RMC Seller Login and the
RMC Auction Offer will expire.
limiting any other remedies of RMC under these Terms, RMC reserves the right
(but does not assume the obligation) to suspend and/or terminate Your access if
RMC has any reason to suspect that You have engaged in, or have in any way been
involved in, or linked to, any fraudulent activity in connection with any RMC
Auction or Your use of the Site or that You have misused the Site or the RMC
Auction Platform or breached your obligations under these Terms.
FOR A RMC TRADE ACCOUNT
optimum use of the Site and the RMC Interactive Services, RMC Trade Sellers can
register for RMC Trade Membership and avail of a RMC Trade Account with certain
RMC Trade Membership benefits which shall be accessible by way of a RMC Trade
If You are
registering on behalf of a business entity, You represent and warrant that You
have authority to bind the entity to these Terms. Without prejudice to Your
warranty, We reserve the right to ask You for written authority from the
business entity before registering any business
Sellers must meet certain basic RMC Trade Criteria by filling out an online
Trade Registration Form and by
providing RMC with inter alia, Your email and/ or mobile phone number. It is in
RMC’s absolute discretion to decide if You qualify (or continue to qualify) as
a RMC Trade Member. You must
comply with all requests RMC may make for proof of identity and references as
to character and/ or financial
standing. RMC reserves the right to decline any application for Trade
Membership, and to terminate Your RMC Trade Membership at any time, with or
without notice or cause and in its entire sole discretion. The Personal Data
that You provide must be true, accurate and complete at all times.
successfully registering, You will receive a link in an email which requires
You to click on it to verify Your email address (‘Membership Confirmation Email’). This helps us to reduce spam. You will
be transferred back to the Site where You can enter Your email and choose a
password (or RMC will issue You a RMC Trade Password which You can change
thereafter). Once verified successfully, Your RMC Trade Password and Your email
address will represent Your RMC Trade Login which You can use to access Your
RMC Trade Account via the Site in accordance with these Terms.
You will keep
Your RMC Trade Login relevant to the Site and the RMC Interactive Services
confidential and not reveal it to anyone else. You are responsible for all
activities that are carried out under Your RMC
Trade Login. We do not necessarily have the means to check the identities of
all persons using the Site and will not be liable where Your RMC Trade Login is
unlawfully used by another.
You agree to
notify RMC immediately by email to firstname.lastname@example.org of any
unauthorised use of Your RMC Trade Login or RMC Trade Account of which You
become aware (with “IMPORTANT” in the subject line). You will not create
additional accounts for the purpose of abusing the functionality of the Site or
other registered RMC Trade Members or for any other reason in breach of these
RMC Trade Members
can cancel their RMC Trade Account (and
therefore RMC Trade Membership) at any time by accessing Your RMC Trade Account
and following the online steps. Alternatively, You can request that RMC
deactivates Your RMC Trade Account by
sending an email to email@example.com with “URGENT – CANCELLATION REQUEST” in the subject line.
cannot monitor the conduct of RMC Trade Members and RMC Buyer Members off the Site,
it is a violation to use any information obtained from this Site in order to
harass, abuse, or harm another person, or in order to contact, advertise to,
solicit or sell to any RMC User without their prior explicit consent.
You may not transfer ownership or sell Your RMC Trade Account to a third
RMC Trade Members who do not comply with these Terms may be subject to
review, which can result in suspension of RMC Trade Account privileges and/or
termination. This includes all accounts by virtue of association. RMC reserves
the right to suspend or terminate a RMC Trade Account at any time.
RMC reserves the right to
delete Your RMC Trade Account after a twelve (12) month long continuous period of inactivity. To continue to be eligible for a RMC Trade
Account, You need to sell a minimum of six (6) Vehicles on the RMC Auction
Platform per annum.
6.1 RMC Sellers who choose to
send Vehicles to the RMC Auction can do so for FREE. The RMC Seller can get the RMC Listing in front of the RMC Buyer Network by
simply inputting RMC Listing Information on to the
RMC Auction Platform in order to create a RMC Listing. The RMC Auction shall take
place during the RMC Auction
6.2 The RMC Valuation Offer represents the RMC Starting
Price for Your RMC Listing. Once listed, the RMC Seller can monitor the progress of the RMC Auction in real-time.
6.3 All RMC Auctions are subject
to the RMC Seller Listing Rules as follows:
(a) RMC Sellers who do not have
a RMC Trade Account cannot re-list the same Vehicle prior to the expiry of the RMC
Auction Offer Validity Period and cannot list more than three (3) different
Vehicles per day (‘RMC Listing Quota’);
(b) RMC Trade Members are not
subject to the RMC Listing Quota and may freely create RMC Listings as and when
(c) all RMC Sellers shall act honestly
and in good faith at all times and shall provide accurate and complete RMC
Listing Information and Acceptance Details;
(d) all Vehicles and everything in or attached to
the Vehicle (including parts) are included in the RMC Listing and are sold in
their current state and location with all faults and imperfections unless
expressly stated otherwise in the RMC Listing Information;
(e) a RMC Seller shall not be entitled during any
RMC Auction to submit a bid (directly or indirectly) in respect of any RMC
Listing in respect of which they are the RMC Seller;
Seller shall not do anything or take any course of action which could affect
the outcome i.e. the RMC Auction Price;
(g) in creating a RMC Listing, the RMC Seller
must not establish a link to any website or other area or include any
publicity, advertisement or other statement relating to any goods or services
except where such link, publicity, advertisement or other statement relates directly
to the Vehicle which is the subject matter of such RMC Listing;
(h) unfair and unlawful commercial practices of
any kind will not be tolerated and may be reported to a competent authority
including shill bidding, bait advertising and sock-puppetry;
Seller must not do anything which would damage or otherwise affect the proper operation
of the Site.
6.4 Once the RMC Auction is
finished, RMC will send the RMC Seller a RMC Auction Completion Notification. You then have seven (7) days to accept
the RMC Auction Offer during the RMC Auction Offer Validity Period failing
which the RMC Auction Offer shall expire. For the avoidance of doubt, You can
choose not to accept either the RMC Valuation Offer and/ or the RMC Auction
Offer at Your sole discretion.
6.5 If You choose to accept the
RMC Auction Offer immediately, You can do this. If You choose not to accept it immediately
but still during the RMC Auction Offer
Validity Period, You can log back in to the Site using Your RMC Seller Login or
Your RMC Trade Login as applicable.
6.6 Upon acceptance of a RMC Auction Offer, RMC
will send You a RMC Auction Acceptance Email when You accept the RMC Auction Price and will further send You a
Collection Confirmation Email thereafter once the RMC Seller and the RMC Buyer
Member have agreed the Final Collection Details. These Final Collection Details
shall form part of the RMC Auction Purchase Contract and must be adhered to at
all times. If for some unforeseen intervention or circumstance, You need to re-arrange collection for a different time, You agree
to notify RMC immediately by email to firstname.lastname@example.org and in any
event within twenty-four (24) hours of the planned collection. If You fail to
notify us of cancellation and the recovery driver completes all or part of the
journey to the Collection Point to no avail, RMC shall be entitled to charge You a RMC Call Out
Charge to the sum of one pound (£1) per mile in respect of the recovery
driver’s one-way journey to the Collection Point or the sum of sixty pounds
(£60.00), whichever is the greater.
6.7 Each RMC Auction Offer is what it says on the
tin i.e. an ‘Offer’ made by a RMC Buyer Member. Once You accept the RMC Auction
Offer (and subject to compliance with all the terms herein), a legally binding RMC
Auction Purchase Contract is formed between the RMC Seller and the RMC Buyer Member which unless otherwise specified in writing
by the RMC Seller, shall incorporate these Terms.
6.8 Upon acceptance of the RMC
Auction Offer, You are required to submit the Acceptance Details which comprise
the Collection Details (which do not have to match the registered keeper
details), Payment Details and any
Special Requests all of which must be truthful, accurate and complete.
6.9 In order to comply with the
SMDA 2013, You acknowledge that You must submit a copy of the photo I.D. and utility bill (which
shall be no older than three (3) months) of the person dealing with the sale/ disposal
which MUST have matching addresses (which
may or may not be the registered keeper) as well as a photo of Your Vehicle and
the V5C (‘SMDA Requirements’). The
Site provides You with the optional functionality to upload this information to
fulfil the SMDA Requirements upon inputting Your Acceptance Details, failing
which, You are under a contractual obligation to do this upon collection of
6.10 Upon completing the online
Acceptance Process, the RMC Buyer Member shall promptly (and in any event
within two (2) Working Hours) initiate contact with the RMC Seller to discuss
the necessary arrangements regarding the Final Collection Details and payment
of the RMC Auction Price. The Transaction should be completed within the seven
(7) day Completion Period.
6.11 RMC or the RMC Seller may in its absolute
discretion at any time withdraw any RMC Listing from the RMC Auction and choose not to accept a RMC
Auction Offer. RMC shall not be responsible for any default of the RMC Seller
or the RMC Buyer Member.
6.12 RMC shall send You a RMC Auction Feedback
Request Email upon the expiry of the Completion Period.
6.13 IMPORTANT: RMC provides an exclusive open marketplace through which RMC Sellers and
RMC Buyer Members can co-exist. For the avoidance of doubt, the Transaction shall
take place off the Site directly between the RMC Seller and the RMC Buyer Member.
RMC do not create any RMC Listings or take ownership of any RMC Listings. RMC
does not bid on any RMC Auctions, make any RMC Auction Offers or purchase any
Vehicles listed. Further, RMC are not party to any RMC Auction Purchase Contract that
may ensue when a Transaction takes place off the Site when a Vehicle is
subsequently sold and purchased. The RMC Seller further acknowledges and agrees
that RMC may have many other RMC Listings on the Site concurrently and RMC has
no responsibility whatsoever for the successful marketing, promotion and
consequent sale and purchase of any Vehicle which originates from a RMC Listing
via the RMC Auction Platform, all of which are the sole responsibility and
obligation of the RMC Seller and RMC Buyer Member (where applicable). The RMC Interactive Services offer no
advice, recommendations, endorsements or legal representation under any
& PAYMENT OF RMC AUCTION PRICE
No fees or charges are applicable as between
RMC and the RMC Seller who can fully avail of the RMC Interactive Services including the RMC Auction Platform for
RMC collects the Payment Details during the Acceptance Process and
provides these to the RMC Buyer Member to facilitate a smooth and quick Transaction
takes place during the Completion Period.
The RMC Auction Price shall be payable by the RMC Buyer Member to the
RMC Seller at the Collection Point by BACS or cheque or as otherwise agreed. Cash
payments shall not be acceptable.
VAT or any other tax will be added to the RMC Auction Price at the
prevailing rate where applicable.
In the event that the RMC Buyer Member delays in paying the RMC Auction
Price without good and legal cause,
the RMC Seller shall be entitled to charge interest on the amount outstanding
from the due date to the date of receipt by the RMC Seller (whether or not
after judgment) under the Late Payment of Commercial Debts (Interest) Act 1998.
No interest shall be payable by any party where the RMC Seller chooses to avail
of the RMC Payment Guarantee.
Title in a Vehicle shall not pass until the RMC Auction Price has been
received in full and cleared funds by the RMC Seller. Risk shall pass to the RMC
Buyer Member upon collection.
Where the RMC Buyer Member has obtained possession of a Vehicle before
payment in full has been made, the RMC Buyer Member acknowledges and declares
that it holds the Vehicle on a fiduciary basis as mere bailee for the RMC
Seller and shall store the Vehicle (at no cost to the RMC Seller) clearly
marked to identify it as the RMC Seller's property and grants to the RMC Seller
the right to enter upon any premises where the Vehicle is located or believed
to be located for the purposes of recovering
9. RMC OBLIGATIONS
(a) provide the RMC Interactive
Services with all due care, skill and ability and in the best interests of a RMC
(b) devote as much time to the
provision of the RMC Interactive Services as may be necessary for their proper
(c) conduct all RMC Auctions in
accordance with the applicable Legislation;
(d) provide promptly and give
to a RMC User all such information as they may reasonably require in connection
with the provision of the RMC Interactive Services; and,
(e) provide a response in a
timely manner to any requests for technical support (in relation to the use of
the Site only).
RMC encourages all RMC Users to act in good faith to resolve their own
Disputes and the parties acknowledge and
agree that they shall attempt in good faith to resolve any Dispute promptly
All Disputes reported to RMC by a RMC User via the Site will be investigated
at RMC’s option upon request by the RMC User. There is no obligation, legal or
otherwise on RMC to investigate or mediate on Disputes.
You must inform RMC promptly of any Dispute and in any event, preferably
within the Completion Period.
If RMC elects to provide assistance, You agree to cooperate fully with
RMC and all parties involved in resolving the Dispute.
RMC reserves the right to suspend or cancel Your RMC Auction or Your RMC
Trade Account with immediate effect while an investigation is conducted. Your RMC
Auction or Your RMC Trade Account may be reactivated once the investigation has
The consequence of any investigation instigated by RMC is entirely at
In the quest for maintaining a reliable and trustworthy Site, RMC requests
that RMC Users report any issues or concerns they might have e.g. RMC Users may
report something to RMC that they believe renders another RMC User in breach of
these Terms. If such is reported, where necessary and entirely at RMC’s
discretion, RMC is entitled to carry out an investigation and all RMC Users
concerned may forfeit their anonymity solely to the extent required to enable RMC
to review the circumstances surrounding the Dispute. RMC will have full
discretion with regards to disclosure to the accused party. RMC is further
entitled to revoke the Licence granted to use the Site and the RMC Interactive Services
at any time.
RMC tries to meet the highest
standards when providing the Site and the RMC Interactive Services. We take any Complaints We receive about this
very seriously. We encourage RMC Users to bring any Complaints to our attention
and We welcome any suggestions for improving our procedures. We will try and
solve any disagreements quickly and efficiently. If You are not happy with the
way RMC deals with any Complaint and You wish to take court proceedings, You
must do this within England. Relevant English law will apply to these Terms in
accordance with Clause 21.
PRIVACY AND CONFIDENTIALITY
RMC Users hereby agree that by releasing any Personal Data
on or via the Site, You acknowledge that You are wilfully providing the same.
As a RMC User, You understand that by accepting these Terms, You agree that RMC
and the Site are not responsible for any advice or information disclosed as between
a RMC Buyer Member (or RMC on their behalf) and a RMC Seller and that by releasing
Your personal details such as Your name and mobile phone number, You do so at
Your own risk and by doing so, it is understood that You hereby forfeit Your
privacy and anonymity to the extent necessary
to utilise the RMC Interactive Services. These Terms incorporate our Privacy
by these references which apply in full to Your use of the Site and the RMC Interactive Services.
13. DATA PROTECTION
In respect of any Personal Data (as
defined in the Data Protection Act 1998 (the ‘1998 Act’)) processed
by RMC or a RMC User pursuant to the Service Terms or any Contract, each
warrants and undertakes to the other that it complies, and will continue to
comply with, all applicable Data Protection Legislation, including the 1998
Act, any regulations made thereunder and any guidance notes or guidelines
issued by the Information Commissioner; and, shall comply at all times with the
are hereby incorporated by this reference. RMC may release RMC User information
if required by law, or if the information is necessary or appropriate to
release to deal with an unlawful or harmful activity.
14. FORCE MAJEURE
RMC reserves the right to cancel or defer a RMC
Auction (whether or not already live) or to terminate and revoke any of these
Terms with no liability if it is prevented from, or delayed in, carrying on its
business by a Force Majeure Event.
15. UGC AND
make use of a feature that allows you to upload UGC to our Site, You grant the
IP Licences set out in Clause 2 of the Website
exception of UGC submitted to the Site by You, all other content and the
selection and arrangement of such content on the Site is either owned by, or
licensed to, RMC (‘RMC Content’),
and is subject to copyright, trade mark rights, and other Intellectual Property
Rights of RMC and RMC’s licensors. Such RMC Content is protected by UK
copyright laws and international laws.
party trade or service marks present on RMC Content not uploaded or posted by
You are trade or service marks of their respective owners. Such RMC Content may
not be downloaded, copied, reproduced, distributed, transmitted, broadcast,
displayed, sold, licensed, or otherwise exploited for any other purpose
whatsoever without the prior written consent of RMC or, where applicable, RMC’s
licensors. RMC and its licensors reserve all rights not expressly granted in
and to their RMC Content.
accordance with Clause 6.13, RMC Users acknowledge that the RMC Interactive Services are
limited to providing an exclusive, open marketplace through which RMC Users can
buy and sell Vehicles via a dedicated RMC Auction Platform. RMC is not itself
directly involved in any Transaction. Consequently, RMC cannot transfer legal
ownership of a Vehicle and cannot make any guarantees to a RMC User who enters
a Transaction at their own risk. For the avoidance of doubt, RMC:
has no control over the quality, morality, safety or legality of a
Vehicle in a RMC Listing;
does not take ownership of any Vehicles (or UGC) listed by a RMC Seller;
(c) is not legally privy to any
RMC Auction Purchase Contract that may arise when a RMC Auction is completed
pursuant to a Transaction;
(d) does not guarantee that any
minimum or fixed number of bids will occur or that any Vehicles will be sold
via the Site;
(e) does not guarantee on
behalf of the RMC Seller that the RMC Listing Information and the Acceptance
Details submitted by a RMC Seller are valid and accurate;
(f) does not guarantee that the
RMC Buyer Member will honour the RMC Auction Price;
(g) does not guarantee any of
the RMC Seller obligations on its behalf;
(h) does not guarantee any of
the RMC Buyer Member obligations on its behalf; and,
(i) does not guarantee that
interruptions of service on the Site will not occur during a RMC Auction or at
16.2 As a RMC Seller, You warrant,
represent and undertake to RMC that:
You are at least 18 years of age;
(b) You will keep Your RMC
Seller Login and RMC Trade Login details (as applicable), secure and
(c) all Vehicles in RMC Listings
created by You do in fact exist and are available as described;
(d) You are the legal owner of
the Vehicle in the RMC Listing and You have full power and authority to
transfer good title free from all third party rights or claims in the Vehicle
to any RMC Buyer Member;
(e) all information submitted to
the Site in respect of You, the RMC Listing Information and the Acceptance
Details and all other information or data is true, accurate and complete in all
respects as it is understood and accepted that as a RMC Seller, You shall accept
all liability for any error, omission or misrepresentation;
You will comply with all applicable laws and Legislation at all times;
(g) You are solely responsible
for any breach of Your obligations under these Terms due to Your act, omission,
default or Your failure to comply with any of Your obligations under these
Terms and for the consequences of any such breach or failure.
release, acquit and forever discharge RMC from any and all Claims asserted
against, or Losses suffered by You (actual and consequential, direct or
indirect) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way connected
with any Transaction. As the context permits, We make no warranty, and hereby further expressly
disclaim any liability to You and You agree that You have no claim against RMC in
connection with any Claims asserted against, or Losses suffered by
to the acts, omissions and conduct of any RMC Users in connection with or
otherwise related to Your use of the Site and/ or the RMC Interactive Services;
(b) for any mis-descriptions,
misrepresentations, inaccuracy or incompleteness in respect of the authenticity
or suitability of any Vehicle as described by You in a RMC Listing (whether innocent,
negligent or fraudulent);
(c) due to the RMC Buyer
Member’s failure to perform, or delay in performance of, any of its obligations
under the RMC Buyer Service Terms and the RMC Auction Purchase Contract;
the Trade Registration Form details You input via our Site upon registration
are inaccurate or incomplete;
to Your failure or inability to use the RMC Interactive Services or any Site
functionality at any point in time, or, where the Site is unavailable at any
time for any period;
connected to any linked third
party website or any statements, information, content, products or services
that are published on, or may be accessible from, any linked third party
website including any third party customer/ client facing policies/ contractual
to any changes which RMC may make to the RMC Interactive Services, or for any
permanent or temporary cessation in the provision of the RMC Interactive
Services (or any features within the RMC Interactive Services);
deletion of, corruption of, or failure to store, any UGC and other
communications data maintained or transmitted by or through Your use of the RMC
due to any errors or omissions
in our Site or in relation to any reliance placed by You on any content on the
Site or accuracy thereto; and,
due to any unauthorised access
or loss of Personal Data that is beyond our control.
16.4 You shall indemnify and hold harmless RMC on
demand, and shall keep RMC fully and effectively indemnified against any and
all Losses imposed on, incurred by, or Claims asserted against RMC, arising out of or in connection
with the RMC Interactive Services including:
any acceptance of a RMC Auction Offer by a RMC Seller and the subsequent
(c) the act, omission, use, sale,
resale or disposal of any Vehicle sold and purchased pursuant to a RMC Auction
Purchase Contract by a RMC Buyer Member or RMC Seller; and,
(d) any breach of these Terms by a RMC User or attributable to the acts or omissions of
a RMC User, its employees, sub-contractors or agents
(other than and to the extent that any losses arise directly from breach of these
Terms by RMC or by RMC’s negligence).
Subject to Clause 16.8, We shall in no circumstances be liable
to You in contract, tort (including negligence) or otherwise for any
consequential, special or incidental loss or damage (whether direct or indirect) or any loss of profit,
anticipated profits, business, data, opportunity, revenue, goodwill, or reputation
arising from Your use of the Site or the RMC Interactive Services.
16.5 Our sole liability and
remedy to You whether in contract, tort or otherwise shall be limited to the Agreed
Price in respect of the RMC Listing which is the subject of the claim giving
rise to such liability in accordance with our RMC Payment Guarantee promise. In
the event that a RMC Buyer Member collects the Vehicle but fails to complete
the Transaction with You during the Completion Period due to no payment being
received by You, the RMC Payment Guarantee entitles You, at Your option, to
permit RMC to pay the Agreed Price to You PROVIDED THAT You submit Your request
to avail of the RMC Payment Guarantee in writing (email@example.com) within
thirty (30) days of the expiry of the Completion Period (‘RMC Payment Guarantee Validity Period’). Our RMC Payment Guarantee
is subject to a maximum of one thousand pounds (£1, 000.00). For the avoidance
of doubt, the RMC Payment Guarantee is Your sole remedy under these Terms and
You shall have no further claim against RMC or the RMC Buyer Member in respect
of the same claim or any other claim. Upon expiry of the RMC Payment Guarantee
Validity Period, RMC shall have no liability to You whatsoever in respect of
the same claim.
16.6 You agree that monetary damages may not provide a
sufficient remedy to RMC for violations of these Terms and You consent to
injunctive or other equitable relief for such violations.
16.7 You acknowledge and agree that to improve the Site
and/ or the RMC Interactive Services,
RMC may stop (permanently or
temporarily) providing the RMC
Interactive Services (or any features within the RMC Interactive Services) to You generally at RMC's sole
discretion, without prior notice to You.
16.8 Nothing in these Terms is intended nor shall it be
construed as an attempt by any party to exclude or limit any liability for:
any liability where the law does not permit such exclusion of liability;
death or personal injury arising from negligence.
16.9 Subject to Clause 16.8 and except as expressly
set out in these Terms, RMC gives no warranties and excludes all other express
or implied terms, conditions and warranties. RMC shall not be liable to You for
any Claims or Losses suffered by You whatsoever at the hands of a RMC Buyer
Member other than the limited RMC Payment Guarantee referred to in Clause 16.5.
16.10 Nothing in these Terms will adversely affect
the statutory rights of any RMC Public Seller.
17. ENTIRE TERMS/
incorporate the Privacy
entire agreement between You and RMC in relation to Your use of the Site and/
or the RMC Interactive Services and supersedes any prior representations,
inducements or agreements relating to its subject matter. Should the courts
strike-out as invalid or unenforceable or otherwise alter any part of these
Terms, the remaining terms shall remain valid and in force.
These Terms shall
be personal to You and You may not assign, transfer or delegate all or any of Your
rights and obligations, without RMC’s prior written consent. RMC reserves the
right to assign or transfer all or any of its rights and obligations under these
Terms to any companies in the same group as RMC or other third party. In the
event of assignment or transfer, notification will either be given to You by
e-mail or posted on the Site.
19. NO WAIVER
Failure by either
RMC or You to exercise or enforce any right conferred shall not be deemed to be
a waiver of any such right nor operate so as to bar that exercise or enforcement
thereof or of any other right on any later occasion.
20. THIRD PARTY
You may enforce
these Terms in accordance with the provisions of the Contracts (Rights of Third
Parties) Act 1999 (the "Act").
Except as provided above, these Terms do not create any right enforceable by
any person who is not a party to it under the Act, but do not affect any right
or remedy that a third party has which exists or is available apart from that
21. LAW AND
All of these
Terms are governed by English Law and any disputes arising in relation to these
Terms and/or the Site are subject to the exclusive jurisdiction of the English
In these Terms (except
where the context otherwise requires) the following words shall have the
Details: refers to the Collection
Details, the Payment Details, any Special Requests and the fulfilment of the
Process: refers to the RMC
Seller’s acceptance of the RMC Auction during the Completion Period which
necessitates the RMC Seller completing the online Acceptance Details as
Price: refers to the RMC Auction Price as may be
amended between the parties verbally or in writing during the Completion Period
i.e. final agreed price which may or may not be the same as the original RMC
Auction Price, rather a reduced price.
Day: any day (other than a Saturday or Sunday) when
banks are generally open for normal business in the UK.
Claims: means all demands, claims and liability (actual and
consequential and direct and indirect and whether known and unknown, suspected
and unsuspected, disclosed and undisclosed, criminal or civil, in contract,
tort or otherwise for all Losses including any other expenses of any nature
CoD: Certificate of Destruction.
Confirmation Email: refers to the email that
RMC sends to a RMC Seller containing the agreed Final Collection Details.
Details: means those details
relating to the collection of the Vehicle which are input online by the RMC
Seller during the Acceptance Process.
Point: refers to the pick-up location agreed as part
of the Final Collection Details.
means any dissatisfaction expressed by, or any
complaint made by, a RMC User as against RMC in connection with the provision
of the RMC Interactive Services.
Period: refers to the period from when there is
acceptance of the RMC Auction Offer and up to seven (7) days thereafter during
which the Transaction should be finalised.
Bid: refers to the winning bid at the latest point
Protection Legislation: the Data Protection Act
1998, the Data Protection Directive (95/46/EC), the Regulation of Investigatory
Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception
of Communications) Regulations 2000 (SI 2000/2699), the Electronic
Communications Data Protection Directive (2002/58/EC), the Privacy and
Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and
all applicable laws and regulations relating to the processing of Personal Data
and privacy, including where applicable the guidance and codes of practice
issued by the Information Commissioner.
Dispute: means any dissatisfaction expressed by, or any
complaint made by, one RMC User as against another RMC User.
Obligations: refers to the
obligations to the Driver Vehicle Licensing Authority to inform them that
ownership has been transferred to an individual or trade or the Vehicle is to
be permanently disposed off.
Collection Details: refers to those details
agreed between the RMC Seller and RMC Buyer Member and which are notified to
the RMC Seller in the Collection Confirmation Email.
Majeure Event: any event arising that is
beyond the reasonable control of the affected party (including any industrial
dispute affecting any third party, governmental regulations, fire, flood,
disaster, civil riot or war).
Property Rights: refers to all
intellectual property rights wherever in the world arising, whether registered
or unregistered (and including any application), including copyright, know-how,
confidential information, trade secrets, business names and domain names,
trademarks, service marks, trade names, patents, petty patents, utility models,
design rights, semi-conductor topography rights, database rights and all rights
in the nature of unfair competition rights or rights to sue for passing off.
Legislation: all applicable laws, Acts of Parliament and
Treaties and all orders, regulations, directives, conventions and subordinate
legislation made pursuant to such an Act or Treaty or otherwise having the
force of law relating to the online sale and purchase of goods by online RMC
Auction including but not limited to the RMC Auctions (Bidding Agreements) Act
1927 and 1969; the RMC Auctioneers Act 1845; Electronic Commerce (EC Directive)
Regulations 2002; the Provision of Services Regulations (2009); Consumer
Protection (Distance Selling) Regulations 2000 (where applicable, not currently
applicable to RMC Auctions); the Unfair
Terms in Consumer Contracts Regulations 1999; the Consumer Protection from
Unfair Trading Regulations (2008); the Business Protection from Misleading
Marketing Regulations (2008); the Environmental planning Act 1990, to be
construed as including references to any amendment, modification, consolidation
or re-enactment for the time being in force.
Losses: means any claims, losses, demands, actions, third
party claims, damages, costs (including court costs and legal fees), fines,
liabilities, obligations, liens and expenses.
Details: means those details
relating to payment for the Vehicle which are input online by the RMC Seller
during the Acceptance Process.
Data: as defined in the Data Protection Legislation.
Account: refers to either a RMC
Trade Account or RMC Buyer Account.
Acceptance Email: refers to the email that
RMC sends to a RMC Seller to confirm acknowledgment of the RMC Seller’s
acceptance of the RMC Auction Offer.
Auction Clock: means the online clock which
counts down the relevant RMC Auction Window.
Auction Completion Notification: refers
to the email and/ or SMS notification that RMC sends to a RMC Seller to notify
RMC Seller that the RMC Auction relevant to the RMC Listing has ended along with
any final RMC Auction Offer.
RMC Feedback Request Email: refers to the email that
RMC sends to a RMC Seller within seven (7) days of the expiry of the Completion Period.
Auction Listing information: refers
to all the information to be input in to the RMC Auction Platform when creating
a RMC Listing including but not limited to information pertaining to the RMC
Valuation Information, mileage, previous owners, MOT, V5C Doc, keys, alloys,
car starts, photos description, collection, RMC Auction Window, finance
Auction Opening Times: Monday – Friday
8am – 6pm.
Auction Platform: refers to the online RMC
Auction platform provided to You by RMC on the Site.
Auction Price: refers to the gross price
to be paid by the RMC Buyer Member to the RMC Seller upon acceptance of the RMC
Auction Purchase Contract: means the
legally binding and enforceable agreement that may be formed between a RMC
Seller and a RMC Buyer Member where the RMC Seller accepts the RMC Auction
Offer via the Site.
Auction Offer Validity Period: the
period of time for which the RMC Auction Offer remains valid before it
Auction Window: refers to the length of
time allocated to the selected RMC Auction i.e. 30 mins, 1 hour or 3 hours as
chosen by the RMC Seller.
Buyer Account: refers to the RMC Buyer
Member’s RMC Account.
Buyer Member: refers to the registered
organisation which is part of the RMC Buyer Network and which is subject to the
RMC Buyer Member Terms.
Buyer Network: refers to the network of
fully licensed, professional and reputable RMC Buyer Members who are primarily scrapyards/
dealers with whom RMC has a relationship.
Buyer Member Terms: refers to the terms that
govern the relationship between RMC and the RMC Buyer Member.
Out Charge: refers to the collection
charge at Clause 6.6.
Content: any data or information
provided by or on behalf of RMC in connection with the RMC Interactive
RMC Code: refers to the unique personal identification
number i.e. PIN as referred to in Clause 4.1.
Interactive Services: refers to those services
provided by RMC including those at Clause 2.
Listing(s): refers to the listing
created and posted by the RMC Seller for the RMC Auction.
Listing Information: refers to the information
required to be input to create a RMC Listing.
Listing Quota: refers to that at Clause
Login: refers to the RMC Trade Login and/ or RMC
Guarantee: refers to that set out in
Guarantee Validity Period: refers to that
set out in Clause 16.5.
Public Seller: means a RMC Seller who
is not from the salvage or motoring trade industry and who uses the Site and
the RMC Interactive Services as a consumer with a view to selling one or more
RMC Seller Listing Rules: as set out in Clause 6.3.
Seller Login: refers to Your RMC
Login as a non-trade RMC User.
Starting Price: refers to the RMC
Valuation Offer which shall be the same as the starting price of Your RMC
Auction for Your RMC Listing.
RMC Trade Account: means the
secure account created by a RMC Trade Member upon registration and from where
the same can access the RMC Interactive Services via their RMC Trade Login
Trade Auction Records: means the records
made available to a RMC Trade Member in their RMC Trade Account including but
may not be limited to the details of each RMC Listing and the Acceptance
Trade Criteria: refers to the criteria
that must be met to avail of RMC Trade Membership, such as e.g. whether You are
a company or sole trader, have a business operating in the motor industry, are
VAT registered or not, have a motor trade insurance certificate and two forms
of I.D. with matching addresses.
Trade Login: as referred to in
Trade Member(s): refers to a registered
RMC Seller who has valid RMC Trade Membership by way of a RMC Trade Account and
a RMC Trade Login.
Trade Membership: refers to the trade
membership provided to a RMC Trade Member.
Trade Password: as referred to in
Trade Seller: means a non-registered
RMC Seller who is from the salvage or motoring trade industry and who uses the
Site and the RMC Interactive Services with a view to selling one or more
User: means a RMC Trade Seller, a RMC Public
Seller, a RMC Visitor, or a RMC Buyer Member.
Valuation Information: refers to the basic
information that RMC User needs to input in to the Site.
Valuation Offer: an instant online quote
calculated by the Site to represent the value of the Vehicle based on the RMC
Valuation Information input by the RMC User at the time which shall expire if
not accepted immediately.
Visitor: refers to the person who
visits the Site but does not progress to verification or registration.
Terms: refers to the RMC Seller Service Terms and the
RMC Buyer Service Terms.
Site: means a website owned and operated by RMC including
www.removemycar.co.uk which hosts the RMC Auction Platform.
2013: refers to the Scrap Metal Dealers Act 2013
Requirements: as set out in Clause 6.9.
Requests: refers to any special
requests made to the RMC Buyer Member by the RMC Seller during the Acceptance
Registration Form: refers to the online
registration form required to be filled in by a RMC Trade Seller to complete RMC
Transaction: refers to the actual sale and purchase transaction
effected between the RMC Buyer Member and RMC Seller during the Completion
Period including the collection of the Vehicle and the settlement of the RMC
UGC: means content provided/ generated by a RMC User (including
RMC Listing Details and Acceptance Details) when accessing and using the RMC
Interactive Services which are uploaded,
embedded or otherwise displayed and/ or stored on the Site by a RMC User for
any purpose including for the purposes of creating a RMC Listing, accepting a RMC
Valuation Offer or a RMC Auction Offer or otherwise which may include but are
not limited to text, articles, images, graphics, photos, stories, audio, video,
software, audio-visual combinations, interactive features and other materials
in any form, medium or technology now known or hereinafter developed that may
be viewed on, accessed through or disseminated publicly on the Site for use by RMC,
RMC Visitor or RMC User as the Site permits expressly excluding Personal Data.
VAT: means value added tax chargeable under English law
for the time being and any similar additional tax.
refers to the vehicle that is being sold,
purchased and/ or auctioned.
refers to the email and/ or SMS notification that RMC sends to a RMC Seller to
verify the RMC Seller’s email and/ or mobile phone number.
V5C: Vehicle Registration Certificate i.e. log book.
Hours: Monday to Friday 8am – 6pm; Sat 8am – 1pm.