Terms & Conditions
1. TERMS AND CONDITIONS
The terms and conditions are the terms on which Simply Classics offers you access to its services and its web site. By listing your vehicle for sale/hire and/or all/any other product listing with Simply Classics, you automatically accept these terms and conditions.
1.2 Amendment of terms and conditions:
Simply Classics may from time to time and at its own discretion, amend these terms and conditions in whole or in part which will be effective immediately upon posting of the amended terms and conditions on this web site. It is your responsibility to ensure familiarity with the latest terms and conditions available on this website. Your continued use of our services represents your agreement to be bound by the terms and conditions as amended.
In these terms and conditions, the following expressions have the meanings set out:
'Item/items' means goods that may be bought or sold through this website;
'Member' means a registered user of Simply Classics;
'Services' means any/all of the services offered by Simply Classics including but not limited to: online sales, classifieds, advertising, merchandising, memorabilia message boards, information provided, chat rooms and any other service that Simply Classics offers and/or may offer from time to time;
'We/us/our' are a reference to Simply Classics;
'You/your' are a reference to you;
'Web site' means any Simply Classics web site through which the services are offered;
'Listing' means a listing on the web site through which you offer, negotiate and buy or sell any item.
2. SPECIFIC WARNINGS
Simply Classics provides a venue to introduce members to potential buyers and sell their items on line.. If a seller agrees to sell and a buyer agrees to buy, a contract of sale will have to be formed between the buyer and the seller directly. Simply Classics does in no way act as an agent for either party. Furthermore, Simply Classics does not participate in any sale or transaction between website users. Simply Classics may, however, be appointed to sell on behalf of and/or have its own stock for sale online.
2.2 At your own risk:
Transactions and all other contact between buyers and members are conducted entirely at your own risk. Simply Classics takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. Simply Classics gives no undertakings, representations, or warranties in relation to items sold or listed on the web site, including:
- ownership of any item;
- the content, safety, description, worthiness, quality, or legality of the items that are listed on the web site;
- the accuracy or truth of listings;
- that any item will meet your requirements or expectations; or
- the ability of members to complete a transaction.
You expressly understand and agree that:
- Your use of the services is at your sole risk. The web site and services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 2.2, Simply Classics disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
- Simply Classics does not warrant that
- the services provided will be uninterrupted, timely, secure, or error free, or
- that any information provided on the web site is error-free or reliable;
- No advice or information that is obtained by you from Simply Classics or anyone else shall create any warranty by Simply Classics that is not expressly stated in the terms and conditions; and
- Responsibility for the content of advertisements appearing on this web site (including hyper links to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the web site does not constitute Simply Classics recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Simply Classics to you or any other person under or in connection with these terms and conditions, or in connection with the services, this web site, another Member's acts or omissions, or your use of or inability to use, the services or this web site is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Simply Classics liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your use of Simply Classics website, your sale or attempted sale of an item prohibited under clause 4.2(c), or arising out of any content or item you submit, post, transmit, or make available through the services.
Without limiting any other rights and remedies available to Simply Classics, Simply Classics may limit your activities on the web site, remove your listings or adverts, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our services to you if you breach these terms and conditions or where Simply Classics considers it appropriate.
3. BECOMING A MEMBER
You may only register as a member if you can form a legally binding contract that is enforceable against you. For example, you must be 18 years old. By registering as a member, you warrant that you can form a legally binding contract.
3.2 Accurate Information:
You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by Simply Classics to ensure it is kept current at all times. You must not register as a member under multiple identities or persona's (whether false or not). Simply Classics may phone or mail you to verify these details.
3.3 Termination of membership:
Simply Classics reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Simply Classics may terminate your membership if a serious complaint or multiple complaints are received about you from other members, you breach these terms and conditions, you impersonate another member, or we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled.
3.4 Security of your login information:
You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
- Not to permit any other person to use your user name or membership; and
- Not to disclose, or provide to any other person, your password, email address, or any information that may allow them to gain access to your membership.
- As a further security in providing your credit card information from time to time. Simply Classics uses ANZ eGate
4. GENERAL RULES
- All listings, adverts or communications made through Simply Classics shall be made in good faith.
- You must not attempt to damage, interfere or harm the web site or services, or any network, or system underlying or connected to them, including by using a robot, spider, scraper or other automated means to access the web site or information feature on it for any purpose.
- You may list adverts and classifieds in any currency and include all/any government taxes and duties in the price. All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine).
- You must not use the services or the web site to promote items for sale outside the services.
- Simply Classics memberships are not transferable and therefore cannot be sold or traded.
- Sellers could be International. All sellers must accept payment to a recognised and reputable bank account as one of their available payment options.
- You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment. You must list an item in one category only, which must be the most appropriate category for your item.
- Unless clearly stated in writing on your listing in a Bold and Visible manner: - (a) You will only place listings for items that are readily available for sale i.e: in stock. (b) You will not list items that you are not legally entitled to sell or that are not in your possession. (c) In the case of automobiles that are offshore or in transit to the advertised location, you must hold clear proof of ownership of such vehicles before being able to list them. You must also clearly indicate that such vehicles are offshore or in transit in the listing.
- You must not sell illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe items, items which infringe copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. You are responsible for ensuring that any item listed by you does not breach this clause 4.2(d). You agree that Simply Classics may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 4.2(d) at any time.
- When you list an item for sale on Simply Classics, you should do so with the intention of selling this item through the site. However you could still advertise your item through another forum.
- Your listing may contain a URL for a website that contains further information on the item you have listed. However this website must not offer any items for sale, or contain contact details. You must not use Simply Classics listings to promote a business or web site other than a Simply Classics web site.
- You must not use the services or the website to sell items that are of a speculative nature.
- Listings are not pre-screened for content. Simply Classics reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.
- Feedback you provide to other members must not contain offensive, defamatory or inappropriate language. Simply Classics reserves the sole right to determine what is considered offensive, defamatory or inappropriate language.
- Feedback is provided for the sole purpose of facilitating trading between members on the Simply Classics web site. You must not market or export any feedback to any venue other than the Simply Classics web site. Linking to your Simply Classics feedback from other buying and selling websites will be considered a breach of our terms and conditions.
5. FEES AND ACCOUNTS
5.1 Simply Classics Listing Fees and Advertising Fees
Simply Classics reserves the right to start charging and/or change the fees charged for any of our services at any time and without notice. In the event that we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.
- This policy refers to services provided by Simply Classics Limited online, via their web site, as a service provided to their customers.
Customers are; Individuals, Groups, Associations, Partnerships, Businesses, Corporations or Organisations who agree to purchase these services online from the Simply Classics web site.
The services provided include:
A). Motor Vehicles for sale, listing upgrade options.
B). Video Listing upgrade.
C). Trade Directory Service Provider listings.
D). Banner Advertisements.
E). Spare parts - COMING SOON
F). Motor memorabilia - COMING SOON
If Simply Classics Limited fails to deliver these services to the customer in the time frame specified hereafter, Simply Classics Limited will deem the funds paid by the purchaser electronically to Simply Classics Limited refundable. If Simply Classics do not provide these services, the purchaser must firstly notify Simply Classics Limited via email addressed to email@example.com that their request for a particular service has not been provided online. Following the advice via email, Simply Classics has 3 working days to rectify their system failure and deliver the service requested. If they fail to rectify this by the end of the third working day, the funds paid by the purchaser will be deemed refundable.
A). Listing upgrade service: This service is to be provided by Simply Classics Limited immediately upon the electronic approval of the customer's payment.
B). Video Listing Service: Simply Classics Limited has 3 working days to ensure they provide this service to the customer upon receipt of the customer's video of their motor vehicle video. This video must be received by Simply Classics in a fit and proper state ready for loading onto the Simply Classics site. If it is not, the 3-day period does not commence until either the customer has rectified the video, or Simply Classics has rectified this at the vendors pre-agreed expense.
C). Trade Directory Service Provider Listing: Upon approval of the purchaser's electronic payment and their business's banner being accepted by the Simply Classics system, the contract shall be deemed complete and Simply Classics has 3 working days to ensure the customer listing is correctly provided.
D). Banner Advertising: This shall be deemed complete upon approval of the purchaser's electronic payment. Simply Classics Limited then has 7 working days to professionally display their Banner advertisement on the website, as per the signed agreement, and provide the link to the customer's website.
E). Spare Part Listing: This service is to be provided by Simply Classics Limited immediately upon the electronic approval of the customer's payment.
F). Motor Memorabilia: This service is to be provided by Simply Classics Limited immediately upon the electronic approval of the customer's payment
- FEE SCHEDULE:
General Motor Vehicle Listing - With 6 photographs: FREE
Listing Upgrade - Bold border with yellow background: NZ$5.50 + GST
Listing Upgrade - Additional 10 photographs: NZ$6.95 + GST
Listing Upgrade - Combo (bold border, yellow background, and 10 photos): NZ$10.00 + GST
Video (with audio) additional listing upgrade options:
One minute video - Added to your listing: NZ$25.00 + GST
Two minute video - Added to your listing: NZ$40.00 + GST
Name only: NZ$25.00 + GST
Business logo: NZ$50.00 + GST
As per individual agreements. These may vary from time to time and will be specified in each individual agreement.
NZ$6.50 + GST (per lot or individual item with up to three photographs).
NZ$6.50 + GST (per lot or individual item with up to three photographs).
All of the above costs are expressed in New Zealand Dollars
- All our fees are inclusive of government taxes and in in the currency stated. Unless otherwise stated in these terms and conditions or our invoices, no interest or other financial charges will be applied to Simply Classics account balances.
- Before listing an item, you should review Simply Classics fees, if any, thus ensuring that you are aware of any fees that you will incur.
- You must pay any fees immediately upon demand by Simply Classics.
5.2 Simply Classics Accounts
- Simply Classics could maintain credit accounts for members and from which members must pay any balance due within the agreed credit terms.
- You must settle any negative account balance immediately. Simply Classics reserves the right to take action against you to recover outstanding debts. You are liable for all expenses (including legal fees) that Simply Classics incurs when collecting that debt.
- If your membership is terminated Simply Classics will refund the balance, if any, of your credit account. If your membership is removed due to breach of our terms and conditions it is at our discretion whether you are eligible for a refund. Promotional give aways of Simply Classics credits, bonus credits, or any free credits gifted to the member on registration will not be refunded.
6. GENERAL PROVISIONS
Simply Classics will use its reasonable endeavors to ensure the availability of the web site and services, subject to any downtime required for maintenance. However, Simply Classics takes no responsibility for any system unavailability, or for any loss that is incurred as a result of web site or services being unavailable. Further, Simply Classics assumes no responsibility for the corruption of any data or information held by Simply Classics.
6.2 Resolution of disputes:
If Simply Classics is not a party to any sale or transaction, you agree not to involve, or attempt to involve, Simply Classics in any dispute or in the resolution of disputes that arise as a result of the services provided on our website.
6.3 Simply Classics message boards and chat rooms:
Simply Classics provides Message Boards and Chat Rooms for the use of its members. The Message Boards and Chat Rooms may not be used to promote auctions, web sites or any commercial or business activity. Simply Classics is not responsible for any of the opinions expressed in the Message Boards and Chat Rooms. By posting a message to the message board or chat room you agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements.
6.4 Force Majeure:
Without prejudice to clause 2.3(a), Simply Classics has no liability for any lack of performance, unavailability or failure of the services or the web site, or for any failure of Simply Classics to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Simply Classics.
6.5 No Waiver:
If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
6.6 Partial Invalidity:
If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
6.7 Governing Law:
The laws of New Zealand govern these terms and conditions. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
6.8 Intellectual Property Rights:
Simply Classics Ltd owns all proprietary and intellectual property rights in the web site (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the services and the web site unless specified otherwise. You may not without our prior written permission, in any form or by any means:
- Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or
- Commercialize, copy, or on-sell any information, or items obtained from any part of this web site.
These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
Simply Classics collects personal information about you through your use of the services and the web site, including:
- your registration details; and
- information relating to your use of the web site and the content you access.