Terms and ConditionsThese Terms and Conditions govern your rights and obligations, and those of BuyaStatic, in relation to the Services offered by BuyaStatic through our Website and other mediums we use. Please take some time to read through these Terms and Conditions. By registering with BuyaStatic and/or using the Website you accept and agree to be bound by these Terms and Conditions.
1.1.2 For ease of reference, certain words used throughout these Terms and Conditions are given a specific meaning. These meanings are set out below:
1.1.3 "BuyaStatic" is used rather than buyastatic.com
1.1.4 "User" means any party using the Website or who has registered with BuyaStatic to use the Website.
1.1.5 "Services" means the services offered by BuyaStatic via the website and/or telephone, facsimile and post.
1.1.6 "Website" means BuyaStatic's website hosted at www.buyastatic.com or such other website as BuyaStatic may use from time to time.
2.1.1 Each User undertakes to register using their correct name, address, and other requested details. In the event that any such information changes the User must notify BuyaStatic of such change. By knowingly submitting false details you are breaking our terms and conditions and your account could be removed at any time from the website. We archive personal information to assist in any investigations by law officers should the situation ever arise.
2.2 User Names and Passwords. A user name and password will be allocated upon registration for use of the Services. This user name and password is personal to the User. The User is responsible for all access to the Website and use of the Services using that user name and password. The User shall not disclose any user name, password or other security information supplied by BuyaStatic to any third party.
2.3.1 If you are selling a holiday home as a Trader/Dealer it is your legal obligation to sign up for a Trade Seller account. By submitting our Trade Seller application form you confirm that you have the authority to sign up to our website on behalf of the company mentioned in your application.
3.1 Information Services
3.1.1 Users may access information, data, wording or graphics ("Material") posted on the Website by BuyaStatic and third parties. While BuyaStatic will take reasonable care in relation to the provision of Material, to the extent permitted by law, BuyaStatic makes no representations or warranties regarding, nor is it responsible for the accuracy or completeness of, any Material on the Website, whether provided by BuyaStatic or third parties. The Material is not provided for any specific or general purpose. No reliance should be placed on the Material by the User.
3.1.2 The User acknowledges that all copyright, trademarks (registered or unregistered), know-how, design rights (registered or unregistered) and all other intellectual property rights in the Material, the Website and the Services shall belong to BuyaStatic or its licensor as the case may be and the User undertakes not to infringe any of the said rights. Other than to the extent required to access and view the Website, no copying, distribution, modification of the Website or any Material is permitted. Resale or supply of any Material is expressly prohibited.
3.1.3 The User acknowledges that certain Material is supplied under licence and that the intellectual property rights in such Material is owned by the licensor. Neither BuyaStatic nor the licensor will be responsible for any errors or corruption in the Material provided.
3.1.4 BuyaStatic grants the User a non-exclusive, non-transferable licence to use the Material on one Terminal at any one time, for which purpose a Terminal shall mean any identifiable device, portable or otherwise, through which the User can receive, process and/or retrieve and/or display the Material, including but not limited to all types of computer screens, monitors, displays, telephones, personal computers and pagers.
3.1.5 The Material is provided for the User's personal use only.
3.1.6 The User shall ensure that third parties will not gain access to the Material in any manner, other than as set forth in the foregoing paragraph.
3.1.7 BuyaStatic shall be entitled to request the User to submit to an audit (which may include a personal visit) to ensure compliance with the requirements set out in these Terms and Conditions.
4.2 EXCLUSIONS AND LIMITATIONS
4.2.1 ALL WARRANTIES, CONDITIONS, REPRESENTATIONS OR OTHER TERMS IMPLIED BY STATUTE OR COMMON LAW AS TO THE NATURE OR QUALITY OF THE SERVICES OR OTHERWISE ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. BuyaStatic'S MAXIMUM LIABILITY IN RESPECT OF THE PROVISIONS OF THE SERVICES (WHETHER ARISING IN NEGLIGENCE OR OTHERWISE) WILL BE LIMITED TO THE GREATER OF £100.00 OR AN AMOUNT EQUAL TO THE SUMS PAID OR PAYABLE BY OR TO A USER FOR THE GOODS AND SERVICES IN RELATION TO WHICH ANY CLAIM ARISES.BuyaStatic WILL IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL OR INDIRECT LOSS OR DAMAGE OR FOR ANY LOSS OF PROFIT, DATA OR BUSINESS (HOWSOEVER CAUSED AND WHETHER ARISING OUT OF ANY BREACH OF THESE CONDITIONS, NEGLIGENCE OR OTHERWISE).
4.2.2 Nothing in these Terms and Conditions shall be construed as limiting or excluding liability for death or personal injury caused by the negligence of BuyaStatic, its directors, employees or agents.
4.3 Reservation of Rights
BuyaStatic reserves the right to remove from sale any goods or services, to cancel or withdraw listings or to suspend or cancel all or any of the Services for technical, legal or regulatory reasons. Wherever possible, BuyaStatic shall provide notice of such matters. BuyaStatic are not bound to allow a sale or exchange to proceed or to allow any User to take part in a sale or exchange nor are BuyaStatic required to offer any of the Services.
4.4 Interruption to the Services
The User accepts that computer and telecommunication systems are not fault free and may experience or require occasional periods of downtime (during which some or all of the Services will not be available) whether for repair, maintenance, upgrading or otherwise, and BuyaStatic cannot guarantee uninterrupted availability. BuyaStatic will use all reasonable endeavors to minimise such periods of non-availability. The User shall have no claim for breach of contract or otherwise in respect of any such period of non-availability.
The User shall indemnify BuyaStatic against any and all claims, actions, damages, liabilities, costs and expenses including reasonable lawyer's fees and expenses arising out of:
(a) the User's breach or non-observation of any of the terms of this Agreement; or
(b) any breach or inaccuracy in any of the User's representation or warranties;
5 USER INFORMATION
6 USER'S OBLIGATIONS
6.1.1 The User will not:
(a) transmit any message anonymously or under a false name;
(b) transmit any unlawful, threatening, abusive, harassing, libellous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability, under any applicable law;
(c) transmit any message which discloses private or personal matters concerning any person;
(d) transmit any information, file or software that contains a virus, worm, trojan horse or any other contaminating or destructive features;
(e) transmit any message, data, image or program that would violate the property rights of others, including unauthorised copyrighted text, images or programs, trade marks or trade secrets or other confidential proprietary information;
(f) interfere, in any way, with others use of or access to the Website; and
6.2 Suspension and Termination
BuyaStatic reserves the right to suspend or terminate provision of Services to any User which is or appears to be in breach of any of the provisions of these Terms and Conditions, including the provision of false registration details or other misuse of Services, or where the User is subject to a change of control or ownership. Any User who is suspended or has the provision of Services terminated may not re-register without BuyaStatic's prior consent.
6.3 Compliance with laws
The User undertakes to comply with all statutes, rules of law, regulations and codes of practice in relation to the purchase, storage, use and sale of goods and services.
7 BREACH AND INSOLVENCY
7.1 These Terms and Conditions are binding on BuyaStatic and the User. If either BuyaStatic or the User are in breach of these Terms and Conditions, the party not in breach may immediately terminate the User's registration with BuyaStatic by notifying the other in writing.
7.2 In the event that one party convenes a meeting of its creditors or if a proposal for a voluntary arrangement within Part I of the Insolvency Act 1986 or for any other composition scheme or arrangement with (or assignment for the benefit of) its creditors is made or if one party shall be unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or if a trustee, receiver, administrative receiver or similar officer is appointed in respect of all or any part of the business or assets of one party or if a petition is presented or a meeting is convened for the purpose of considering a resolution or other steps are taken for the winding up of one party or for the making of an administration order (otherwise then for the purpose of a solvent amalgamation or reconstruction), then the other party may terminate the User's registration with BuyaStatic by notifying the first party in writing.
8.1 BuyaStatic reserves the right to make alterations to these Terms and Conditions from time to time. In such event, Users will be informed via BuyaStatic's home page on the Website. The provision of the Services will be governed by any altered Terms and Condition(s) 7 days after such Terms and Condition(s) appear. If any User does not wish to be governed by the new version of the Terms and Conditions, that User should notify BuyaStatic and thereafter cease to use the Services with effect from the date when the new Terms and Conditions come into force.
8.2 Any notice to be given in writing under these Terms and Conditions will be validly served if given by email, facsimile or post to (in the case of the User) the contact methods given to BuyaStatic by the User or (in the case of BuyaStatic) to the appropriate contact methods on the Website and Membership ID Cards.
8.3 BuyaStatic's rights under the Terms and Conditions may be exercised as often as necessary, are cumulative and not exclusive of its rights under the general law and may be waived only in writing and specifically. Delay in exercising or non-exercise of any right is not a waiver of that right.
8.4 Any right of rescission conferred upon BuyaStatic by the Terms and Conditions shall be in addition to and without prejudice to all other rights and remedies available to BuyaStatic.
8.5 The Terms and Conditions and the documents referred to in it constitute the entire agreement and understanding between the parties and supersede any previous agreement between the parties relating to the subject matter of the Terms and Conditions.
8.6 BuyaStatic may assign or sub-contract its rights or obligations under these Terms and Conditions. Assignation or sub-contracting of the User's rights and obligations will be permitted only with the prior written consent of BuyaStatic.
8.7 Each party acknowledges and agrees that in entering into the Terms and Conditions and the documents referred to in it, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or undertaking (whether negligently or innocently made) of any person (whether a party to the Terms and Conditions or not) other than as expressly set out in the Terms and Conditions. Nothing in these Terms and Conditions shall, however, operate to limit or exclude any liability for fraud.
8.8 Neither party will be liable for any breach of these Terms and Conditions due to a matter outside that party's reasonable control.
8.9 If any provision of the Terms and Conditions becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the legality, validity or enforceability in that jurisdiction of any other provision of the Terms and Conditions or the legality, validity or enforceability in any other jurisdiction of that or any other provision of the Terms and Conditions.
8.10 Nothing in these Terms and Conditions is intended to or shall operate to create a partnership or joint venture of any kind between the parties, or to authorise either of the parties to act as agent for the other, and neither of the parties shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
8.11 These Terms and Conditions shall be governed and construed in accordance with the law of England and both parties hereby submit to the exclusive jurisdiction of the English courts.
8.12 By using BuyaStatic to buy or sell a caravan you understand that it becomes a private matter between you and the buyer/seller. We (www.buyastatic.com) do not take any further part in the purchase/sale. We (www.buyastatic.com) only pass on enquiries and do not get involved with regards to non-replies, disputed payments, cancellations, refunds, compensation, etc. We do however listen to any complaints you may have against an advertiser or buyer and will remove any user on our website who knowingly tries to mislead. Other possible reasons for removal include not providing you with a caravan in the condition as advertised or not providing you with a basic level of customer service (Replying to emails, phone calls, etc).