Terms & Conditions
- Private seller – an individual who wants to sell their vehicle in their private capacity and does not sell vehicles for business or as a job.
- Purchaser – refers to the dealership bidding/buying the vehicle.
- Successful bidder – winning bidder / buyer
- You -each and every user who makes use of this site.
- Us / Our / we -will refer to the ShopMyCar online facility and its nominated agents.
General Terms & Conditions for Sellers
- Only the rightful, registered owner and title holder shall engage ShopMyCar to sell/market their vehicle.
- Only sellers with a genuine intention to sell their vehicle shallbook vehicle assessments.
- By engaging ShopMyCar to market/sell your vehicle, you are granting us permission to list your vehicle on our online platform, as well as do all vehicle and owner verification checks with the necessary authorities.
- Individuals who buy and sell vehicles as a business/job, as well as vehicle dealerships, are strictly prohibited from making use of our services to sell vehicles.
- ShopMyCar reserves the right to selectively choose vehicles to assess and list on auction, without any malice to the seller. A seller’s vehicle may not be assessed and listed for reasons such as but not limited to (a). the sellers estimated asking price may most likely be unachievable on our platform. (b). vehicles condition. (c). short duration of registered ownership of the vehicle.
- ShopMyCar will not list non-running and accident damaged vehicles.
- The seller’s vehicle is required to have a valid license.
- In circumstances where the seller is granted special permission by ShopMyCar to list their vehicle on auction, with regards to clause 6. The seller is liable for any and all license fees, penalties and registration costs. All of which will be deducted from the purchase price.
- ShopMyCar reserves the right to cancel the purchase of a vehicle from the seller, for reasons such as but not limited to,
- The vehicles description upon the concluding purchase assessment varies from the pre-assessment description.
- Any of the vehicles extras or accessories have been tampered with or removed.
- ShopMyCar is of the opinion that you may not be complying with the terms and conditions of this site.
- A seller will be required to present their ID Document or valid driver’s license and a copy of their vehicle’s logbook upon vehicle assessment, for us to verify ownership and vehicle details.
- The closing/highest bid achieved on your vehicle will only be valid for 30 minutes after closing of auction for you to accept, you will be notified of the closing bid amount by SMS, email and/or a phone call from us, failure to accept the bid in the given time frame, the respective dealership (buyer) reserves the right to revoke their bid and not complete the purchase.
- If your vehicle is currently bank financed, a valid settlement amount letter from the bank is required. Upon purchase of your vehicle, you will be required to give the bank permission to courier the logbook directly to ShopMyCar or the nominated dealership by ShopMyCar.
- Due to the vehicle being on auction to dealerships whilst in the seller’s possession, the seller will be required to advise us on the amount of mileage expected to be done during this time, if it exceeds 100km’s.
- Payment will only be made to the seller after an assessor completes a concluding sale vehicle assessment to ensure the vehicle is as pre-assessed, the vehicles original logbook is on hand and the owner produces his/hers original ID document.
- In cases where the vehicle is under vehicle finance, ShopMyCar will make payment directly to the respective bank to settle the vehicle thereafter pay the seller any remaining balance if any.
- In circumstances whereas the settlement amount is higher than the purchase price of the vehicle, the seller is required to pay the shortfall amount in full directly to the bank or ShopMyCar.
- Immediate payments will be dependent on the purchaser’s bank (dealerships) and the sellers bank being related or varied banks permitting.
- Once ShopMyCar makes payment to you, you will be provided with a proof of payment, via email and/or sms.
Terms & Conditions of use for dealerships (buyers)
- In order to gain access to the ShopMyCar auction platform you will be required to sign up and register as a dealership. By registering as a buyer, you unconditionally and irrevocably consent to use of this site and all transactions concluded on it, being subject to the terms and conditions herein.
- Registration can only take place once you have emailed the following documents 1. Directors ID copy 2. Users ID Copy 3. Proxies ID copy 4. Proof of address 5. Business registration document with your traffic register number to firstname.lastname@example.org
- By completing a registration form and emailing your documents, you agree that ShopMyCar and its nominated agents to do all the necessary verification checks on you and your business.
- Upon acceptance of your registration, it is your sole responsibility to protect your login ID and password. As you will be held responsible for any misuse, loss or damage which may arise as a result of unauthorized use of your login ID and password.
- ShopMyCar may at any time alter your login ID or password details and will notify you via SMS and email.
- ShopMyCar may require original signed and stamped NCO forms from dealerships (buyers) beforehand, to make transferring ownership as efficient as possible. This will be dependant on the rules and regulations of the respective licensing departments in different provinces/cities.
- You agree and warrant to ShopMyCar that your information submitted and provided on registration is accurate and not false, misleading, deceptive or fraudulent.
- You agree that ShopMyCar may and will monitor your conduct, if we believe that you are not complying with the terms and conditions of this agreement.
- You have the legal capacity to entire into this agreement and purchasing any vehicles that you bid for will not be breaching any laws.
- You will not bid for any vehicles on this site unless you have sufficient available funds/capacity to pay for such vehicles.
- The quality and continuity of this sites services depends on many factors over which we have no control and cannot seek to control. While we will always endeavour to maintain ongoing access, disruptions and failures of this site, any and all computer systems, network resources and other services are probable in such an operating environment. Recognising this, you agree that, we cannot guarantee and warranty that you will receive constant and uninterrupted access to this site or services. ShopMyCar will not be liable for any bids that were not processed or accepted due to technical difficulties or for any reason what so ever.
- In addition to any other provisions in this agreement, you agree that we will not be liable to you or any other person for any loss, damage, expense, or other amounts incurred by any person, however arising, or it arose directly or indirectly from any authorized or unauthorized use of, access to this site.
RULES OF TRADING
- ShopMyCar shall publish privately owned vehicles for sale on auction to dealerships, on behalf of the registered owner.
- The terms and conditions set out herein shall apply to the sale of all vehicles on this site, but the seller may add further terms and conditions that is applicable to specific vehicles from time to time.
- A bidder is prohibited from bidding for any other person/s who is not registered with ShopMyCar.
- A user may not engage in bid manipulation to unfairly induce any other person/s to make or not make bids to manipulate the bid price. Whereas ShopMyCar is of the opinion of the aforementioned, ShopMyCar reserves the right to automatically revoke user access to this site or reject the users’ bids.
- All bids are final and irrevocable by the bidder, a user shall be deemed the successful bidder (buyer) at the close of auction.
- If the bidder is the successful bidder as determined by clause 3.5. and that bid is accepted by the seller within the given time frame, the buyer must complete the purchase of the vehicle/s.
- The buyer shall be allowed to revoke their bid and not complete the purchase in the following circumstances.
- The description of the vehicle is materially different following the commencement of bidding.
- The seller fails to confirm/accept your bid within the 60-minute confirmation period.
- In all instances the seller (owner of the vehicle) reserves the right to accept or not accept the bid, at the closing of auction.
- Bidding shall close on the specified time and date as indicated on each listing. No further extensions of time or negotiations shell be entered.
COMPLETION OF PURCHASES AND SALES
- ShopMyCar shall notify the successful buyer of the seller’s acceptance of their bid by email, SMS and/or phone call.
- Following receipt of the aforementioned conformation notice from the seller, the following procedure shall apply,
- The buyer has 60 minutes from receipt of conformation notice to make payment via eft to the nominated bank account, of the full bid price plus the service fee as stipulated on the proforma invoice emailed to you.
- Failing which the sale will be cancelled. On cancellation of sale, the buyer’s access will be blocked to the online auction, which will exclude the buyer from logging into this site. ShopMyCar will further impose a cancellation charge to the buyer as listed below. Only once the cancellation charge has been paid, will the buyer’s access be un-blocked and may participate in the online auction again.
- First offense – R2000
- Second offence – R4000
- Any offense thereafter – R8000 each time
- In circumstances where ShopMyCar chooses to cancel the purchase for reasons being, the seller is in breach of this agreement in any way, in cases such as but not limited to (a). the vehicles description varies upon the concluding sale vehicle assessment from the pre-assessment. ShopMyCar shall refund all funds paid in full to the dealership, before the end of the business day.
- While ShopMyCar assists with vehicle transportation arrangements and hands over the vehicle to the respective transport company, the buyer is aware and in agreement that he/she is liable for all transportation costs, which is to be paid directly to the nominated transport company.
- All vehicle documentation shall be posted to the buyer via registered post and the buyer will be provided with a tracking number.
- The buyer shall comply with all formalities required and sign all documentation required in order to transfer ownership of the vehicle.
- Ownership and risk shall pass from the seller to the buyer on receipt of full payment by the buyer to the seller.
- Any enquiries after the vehicle is delivered to the buyer, of whatever nature, with respect to the vehicle purchased must be directed to the seller and not ShopMyCar.
- While ShopMyCar carries out all possible verification checks and vehicle assessments thoroughly, purchasing any vehicle/s on this site is absolutely at your own risk.
- ShopMyCar has no duty to repair any vehicle/s purchased on this site, furthermore ShopMyCar does not carry guarantees or warranties of any sort on vehicle/s purchased on this site.
- Whilst every effort is made to verify existing active factory warranties / service plans / motor plans, none of which are guaranteed by ShopMyCar.
- Whilst every effort is made to verify vehicle documents, details and ownership, ShopMyCar may not be held responsible for any errors made by the licensing departments, vehicle theft units, other authorities and vehicle agents.
- ShopMyCar does not warrant that the vehicle/s on auction are fit for the purpose or purposes intended by buyer.
- Due to the seller being in possession of the vehicle whilst listed on auction, there may be a variation of the vehicle’s mileage. The seller is required to advise ShopMyCar of the expected mileage to be done if it exceeds 100km’s, whilst the vehicle is on auction.
- If you in breach of any of the terms and conditions contained in this agreement, we may in our absolute discretion :
- Withhold from you, your use of any or all of the services of this site,
- Delete or remove, without incurring any liability to you, any or all of your information and block your access to this site,
- We shall restore the services if and when you can demonstrate clear and complete adherence to the terms of this agreement on a permanent and consistent basis,
- Terminate the agreement that we have entered into with you and cancel our obligations to provide the services, if we are not satisfied that you will clearly and completely adhere to the terms and conditions of this agreement on a permanent and consistent basis, if the services are restored to you
- Nothing in this clause shall be construed to prevent us from invoking any common law remedies which may be available to us.
- ShopMyCar shall be given notice of the nature of the dispute before any legal proceeding has been undertaken by you and we will seek to resolve the dispute in 14 working days of receipt of the notice.
- In circumstances whereas the aforementioned negotiations fail, shall both, ShopMyCar and you start legal proceedings.
- ShopMyCar does not guarantee the number of vehicles that will be listed on this site on a daily, weekly or yearly basis. Furthermore, there may be periods of time where no vehicle listings are on auction.
- Subscription and service fees will be reviewed on an annual basis. Price increases will be at the discretion of ShopMyCar.
- We have an absolute discretion to change the terms of this agreement at any time. If we do so, we will post the amended terms on this site, which amended terms shall be effective forthwith. By accepting this agreement, you also accept to be bound by any changes made by us under this clause. In any event, your continued use of the services after any changes have been made to the terms of this site, will be deemed to be your acceptance of those changes to the terms of this agreement.