This User Agreement contains terms and conditions applicable to your usage of this website, “SunbeamTigerParts.com” parts and cars auction site. As used herein, the terms, ”Sunbeam Tiger Parts”, “site” or “we”, refer to www.SunbeamTigerParts.com and Sunbeam Tiger Parts LLC. By using the services on the Sunbeam Tiger Parts website, you are agreeing to all of the terms and conditions, including those available by hyperlink, in the Sunbeam Tiger Parts LLC. User Agreement.
1. Appropriate Items. Following registration as described in paragraph 4 below, you may bid for, buy or sell any Sunbeam Tiger, Sunbeam Alpine, or period Powered By Ford related items on SunbeamTigerParts.com. Every item that is listed with SunbeamTigerParts.com can be listed for sale in the following ways: Online Auction Sale (Section 2), Buy Now(Fixed Price Sale) , or Make Offer only.(Section 3) We do have restrictions on what type of items you may sell, and what you may not sell. Posted items are subject to review by the staff of SunbeamTigerParts.com, and may be removed without prior notice, if in violation of the User Agreement. The following items (and links to the following items) are prohibited on the SunbeamTigerParts.com website:
* Cars, parts or merchandise that do not directly relate to Rootes Group Cars, Sunbeam Tiger, Sunbeam Alpine, or period Powered by Ford cars.
* New or Used universal fit items or parts that are not related to Sunbeam Tiger, Sunbeam Alpine, or period Powered by Ford cars. Ex: Universal Fit Seat Covers
* Cars, parts or merchandise that are known or discovered to be stolen.
* Cars, parts, or merchandise that are listed for sale by someone other than the registered account holder.
* Any item that is deemed offensive or in bad taste by SunbeamTigerParts.com
2. Online Auction Sale. This style of auction is set within a 7 day time period. This is a timed auction and no bids will be accepted after the time limit is up. Bidders are responsible for entering their bids prior to the auction’s end.
* Online Bids. SunbeamTigerParts.com will use reasonable efforts to carry out online bids but does not accept liability for equipment failure, inability to access the internet or software malfunctions related to the execution of online bids. SunbeamTigerParts.com cannot, and will not, be held responsible for any interruption in service, caused by any means, and does not guarantee continual, uninterrupted service because our website could be interfered with by means out of our control.
3. Pricing. When posting any item for an online auction, the seller is responsible for establishing the Starting Price, Reserve Price, and the Buy Now price (if applicable).
* Reserve. Sellers may set a Reserve for their item, but are in no way obligated to do so. The Reserve is the lowest acceptable hammer price. The Reserve is always private.
4. Successful Bid. The highest bidder acknowledged by the online auctioneer will be the purchaser. If any dispute arises after the sale, the SunbeamTigerParts.com sale record shall be conclusive. Title passes when the online auctioneer declares the winner to be the highest acknowledged bidder. The high bidder must pay the seller for any auctions won including shipping charges as quickly as possible and no more than 5 days after the auction ends.
5. Buy Now Listing. A Buy Now listing is available for sellers and buyers who prefer not to engage in the auction structure. Buy Now listings are categorized in the same manner as auction items [by price, genre, etc.]. Unlike an Online Auction Sale, Buy Now listings are more closely related to classified ads. Sellers do not have to sell an item in a Buy Now listing until a buyer has agreed to the Buy Now price posted. Sellers are reminded that an auction can generate more interest in a purchase.
6. Make Offer Listing. A Make Offer listing is available for sellers and buyers who prefer not to engage in the auction structure. Make Offer listings are categorized in the same manner as auction items [by price, genre, etc.]. When selling an item as a Make Offer only, bidders are encouraged to submit their best offer to the sellers. Sellers will consider the offers and decide whether to sell or not. Unlike an Online Auction Sale, Make Offer listings are more closely related to classified ads. Sellers do not have to sell an item in a Make Offer listing until they have agreed to an offer that has been submitted from a buyer. Sellers are reminded that an auction can generate more interest in a purchase.
7. Registration. All users of this website must register with SunbeamTigerParts.com using the registration form available on this website (www.SunbeamTigerParts/register). Providing inaccurate information is a breach of this Agreement. Only individuals who are able to form legally binding contracts, are over the age of 18, and are in good standing and not suspended from this website are eligible to bid for, buy and/or sell items on SunbeamTigerParts.com. Users should keep up to date their contact information and financial information supplied on the registration form. SunbeamTigerParts.com reserves the right to cancel or suspend, without membership reimbursement, any user’s account at any time if SunbeamTigerParts.com feels there is a breech of the User Agreement.
8. Posting an Item. Sellers must provide a posting for each item they wish to sell. Each posting must include a description of the item to be sold; its genre; its selling price if it is a Buy Now listing and also a Reserve (if any), if the item is to auctioned; acceptable payment options; shipping information; and the seller’s return policy (if any).
Once an item is posted, there will be a review period before it is made public. Length of review periods vary. SunbeamTigerParts.com decides when a seller is transferred to the approved category and their listings will be made live, immediately.
Annual Membership Fees: There is a $60.00 Annual Membership fee that is to be paid upon registering with SunbeamTigerParts.com This fee allows members full access to buying and selling on SunbeamTigerParts.com for one year. SunbeamTigerParts.com does not take commissions from item bought or sold. The Annual Membership Fee can change at any point in time.
Listing Fees. There are no listing fees required. The Annual Membership fee of $60.00 allows members to buy and sell as much as desired. Members can choose an optional listing upgrade to a featured position on the SunbeamTigerParts.com homepage for additional $10.00 fee per item. This is an upgrade only and is not required.
In the event of a non-sale, sellers may re-list the identical item with the same description in the next auction.
10. Seller’s Commitment. By listing any item with SunbeamTigerParts.com for sale, the seller agrees to the following as regards that item:
* Once a bid has been placed for your item, you are in a binding contract with the potential buyer. If the highest bid is over the Reserve, you are obligated to sell to the highest bidder in your auction. If the Reserve was not met, you are not obligated to sell this item. As a seller, you are not allowed in any way to bid on your own items or have someone else bid for you. This is illegal. If reported or discovered your auction will be deleted and your account may be suspended.
* If a buyer makes an offer on a Make Offer listing and the seller agrees to the offer, the seller must sell the item as agreed for the agreed price.
* Cars, parts and merchandise available for sale for the duration of the auction, is in your possession and is owned by you.
* You are responsible for content and information in any listings you have posted and for ensuring that those listings are accurate, complete, and truthful, do not include misleading information, and comply with this User Agreement. This encompasses text descriptions, images and pictures of each item including, without limitation, its physical condition, age, provenance, and any other relevant data. Any damage to an item must be described, photographed and clearly presented on the site. SunbeamTigerParts.com cannot promise that all listings will always be accurate and up to date, and users agree not to hold SunbeamTigerParts.com responsible for any inaccuracies in listings.
* You will not allow other persons or entities to post items on the site using your user name and will not share user profile information with other parties. Unauthorized use of passwords or user profile is also prohibited. SunbeamTigerParts.com will not be held liable for any activity resulting from compromised account information.
* At its discretion, SunbeamTigerParts.com has the right and ability to remove any listing or edit or cancel any auction if it violates any of its policies or is deemed inappropriate or offensive. All decisions of SunbeamTigerParts.com are final and seller agrees to abide by that decision. In the event of a change, registration termination, or item removal, SunbeamTigerParts.coms will not have any liability to that user or any other person or entity.
11. Buyer’s Commitment. As a bidder, you know that placing a bid indicates intent and ability to purchase and is a binding contract between you and the seller, and all bids are final. Placing a bid on an auction site, winning, and then not paying for the product is illegal in most states, and prosecution can result.
12. Return Policy. Sellers will choose to offer a Return Policy or not and this will be part of each posting. If sellers offer a Return Policy, they must specify how the buyer will be refunded, who will pay the return shipping cost, and within what time period they will accept returns. The time period can be determined by tracking number records. Unless an alternate agreement is reached between seller and buyer, seller agrees to refund the purchase price in its entirety. Returns are entirely between buyer and seller and it is their responsibility to understand those terms in advance of purchase.
Under the following conditions, the buyer is entitled to a full refund of his/her purchase money:
* If buyer receives a completely different item from that purchased from the seller.
* If the item was advertised as original and is not original.
* If the item was damaged during shipment.
13. Taxes. As a condition of using SunbeamTigerParts.com, users agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations. It is the seller’s responsibility to determine whether sales or use taxes apply to any of their sale transactions conducted on SunbeamTigerParts.com and to collect, report and remit the correct tax to the appropriate tax authority. Buyers are responsible for paying all applicable domestic and international taxes and fees due upon purchase of any item on SunbeamTigerParts.com. SunbeamTigerParts.com is not obligated to determine whether sales or use taxes apply and is not responsible to collect, remit, pay or report any sales or use taxes arising from any such sale transaction.
14. Payment. The seller will list the payment options they accept in their posting. Payment in U.S. dollars may be made with bank to bank wire transfer, eCheck, Authorize.net, Paypal, or credit card. Using any payment method indicates agreement to abide by the fee structure of that payment method. It is illegal to charge any credit card fees to the buyer. Please be aware that scams often offer Money Orders or Cashier’s Checks. A direct deposit is the fastest way to monitor clearance… Paypal is a suggested means for transferring funds safely.
15. Collecting payment. It is the seller’s responsibility to check and see if they have received payment and the payment has cleared before they ship any items. Once the seller has received all funds due to them, the seller shall ship purchased items within the time stated in the posting.
16. Shipping. Every seller is required to post detailed shipping information for listed items. Upon close of sale, seller will ship item by the stated method. Shipping costs are partially dependent upon the buyer’s location. If you have questions, contact the seller directly. Packing and handling of purchased items is between the buyer and seller and it is advised that methods be communicated in the posting. It is advised that all items be shipped with a tracking number, to protect both buyers and sellers. SunbeamTigerParts.com will have no liability for any loss or damage to shipped items and is not responsible for the acts or omissions of carriers or packers recommended by us.
17. Privacy. SunbeamTigerParts.com is against spam and we respect the privacy of our users. We do not gather information via “cookies”. Your e mail address will be kept private to prevent anyone ‘harvesting’ contact information. SunbeamTigerParts.com will not share, rent, loan, or sell your contact information with any other entity or organization without your permission. Personal information that may be sent to a user regarding a product bought or sold on the auction is not to be used for any other purpose, except for communication about the auction item. If you object to your personal information being transferred or used in this way please do not use our services.
18. Reporting. As permitted by applicable law, SunbeamTigerParts.com reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. SunbeamTigerParts.com may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.
19. Access and Interference. Much of the information on the SunbeamTigerParts.com website is updated on a real-time basis and is proprietary or is licensed to SunbeamTigerParts.com by our users or third parties. You agree that you will not attempt to compromise the safety, security, data integrity, service, or any other element of the SunbeamTigerParts.com website. Any such compromising action will result in suspension or termination of your registration and you WILL face possible legal action.
20. Conditions of Service. SunbeamTigerParts.com acts only in providing a place for Buyers and Sellers to buy and sell items appropriate to this agreement. We have no control over quality, usability, legality, et al of the items put up for auction. SunbeamTigerParts.com is neither responsible nor liable for any damages caused or alleged to be caused directly, indirectly, incidentally, or consequentially by anything on or related to this auction site.
We at SunbeamTigerParts.com cannot and will not get involved in disputes between users. SunbeamTigerParts.com reserves the right, but has no obligation to investigate any user’s complaint with respect to any item offered for sale through the Site. Users agree to cooperate with any investigation that SunbeamTigerParts.com may conduct in response to a claim, and to provide SunbeamTigerParts.com with any pertinent documentation in your possession or control.
21. NO EXPRESS OR IMPLIED WARRANTY. ALL ITEMS ARE SOLD “AS IS” AND WITHOUT RECOURSE AND SUNBEAMTIGERPARTS.COM DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE WITH RESPECT TO MERCHANTABILITY, FITNESS FOR PURPOSE, NONINFRINGEMENT, CORRECTNESS OF THE POSTING OR OTHER DESCRIPTION OF THE PHYSICAL CONDITION, SIZE, QUALITY, RARITY, IMPORTANCE, MEDIUM, MATERIAL, GENUINENESS, ATTRIBUTION, PROVENANCE, PERIOD, CULTURE, SOURCE, ORIGIN, EXHIBITIONS, LITERATURE OR HISTORICAL SIGNIFICANCE OF ANY ITEM SOLD. THE ABSENCE OF ANY REFERENCE TO THE CONDITION OF AN ITEM DOES NOT IMPLY THAT THE ITEM IS IN PERFECT CONDITION OR COMPLETELY FREE FROM WEAR AND TEAR, IMPERFECTIONS OR THE EFFECTS OF AGING. NO STATEMENT, WHETHER WRITTEN OR ORAL, AND WHETHER MADE ON THE WEBSITE, IN ANY CATALOGUE OR SUPPLEMENTS, AN ADVERTISEMENT, A BILL OF SALE, ANNOUNCEMENT, OR THE REMARKS OF AN EMPLOYEE OF THE BRIGHAM GALLERIES SHALL BE DEEMED TO CREATE ANY WARRANTY, REPRESENTATION OR ASSUMPTION OF LIABILITY.
22. RELEASE. ALL USERS OF SUNBEAMTIGERPARTS.COM RELEASE SUNBEAMTIGERPARTS.COM (AND OUR OFFICERS, DIRECTORS, AGENTS, PARENT, SUBSIDIARIES, JOINT VENTURES, AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, ANY DISPUTES THAT ARISE BETWEEN BUYERS AND SELLERS IN ACTUAL OR ATTEMPTED TRANSACTIONS ON THE SUNBEAMTIGERPARTS.COM WEBSITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
23. Indemnity. By using the site, users agree that they will indemnify and hold SunbeamTigerParts.com (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
24. Liability Limit. In no event shall SunbeamTigerParts.com be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services, the failure of any bid or pricing information to be transmitted or received by you or the auction house in a timely manner, the interruption of any data transmission, audio or video broadcast, or this agreement (however arising, including negligence). If, despite the foregoing, SunbeamTigerParts.com is found liable, our liability to you or any third party is limited to $60.00 for which SunbeamTigerParts.com is found liable.”
25. No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
26. Notices. Except as explicitly stated otherwise, legal notices shall be served on SunbeamTigerParts.com at firstname.lastname@example.org (in the case of SunbeamTigerParts.com) or to the email address you provide to SunbeamTigerParts.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
27. Amendments. SunbeamTigerParts.com may change, add, or remove any part of the terms in this Agreement at any time by posting the amended terms on our site. If we do so, we will post such changes on www.SunbeamTigerParts.com. Except as stated below, all amended terms shall automatically be effective on a prospective basis once they are posted on our site. This Agreement may not be otherwise amended except in writing signed by you, the user, and SunbeamTigerParts.com. If any future changes are unacceptable to you, you should discontinue using the services. Your continued use of the services now, or following the posting of notice of any such changes, will indicate your acceptance of these terms, and of any such changes.
28. General. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. At the sole discretion of SunbeamTigerParts.com, we may assign this. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. SunbeamTigerParts.com does not guarantee we will take action against all breaches of this Agreement. This Agreement may not be otherwise amended. This Agreement sets forth the entire understanding and agreement between users and SunbeamTigerParts.com with respect to the subject matter hereof.