Terms & Conditions

Conditions of Sale

Definitions in these Terms and Conditions the following words shall have attributed to them the meanings specified.

Purely Porsche shall mean the trading name of River Recordings Limited, whose principal place of business and registered office is at 6 Belvedere Business Park, Crabtree Manorway South, Belvedere, Kent DA17 6AH.

‘Customer’ shall mean the person, company or any other body that purchases or agrees to purchase Goods whether a Consumer Trade Customer or ‘Goods’ shall mean all goods and services which the Customer agrees to buy from River Recordings Limited including replacements for defective Goods, hardware documentation and software products licensed for use by the Customer.

‘Contract’ shall mean the Contract between River Recordings Limited and the Customer for the sale of Goods by River Recordings Limited to the Customer. ‘Catalogue’ shall mean any published promotional material produced by River Recordings Limited.

‘Working Days’ shall mean Monday to Friday inclusive but exclusive of Bank Holidays.

‘Customer’s Registered Address’ shall mean the address of the Customer that is already registered with River Recordings Limited or the address registered with the issuing company of any debit or credit card which is used as a means of payment for Goods.

General

All orders for Goods are accepted by River Recordings Limited subject to these terms and conditions of sale, which supersede any other terms, and conditions previously published. These constitute the entire understanding between River Recordings Limited and the Customer for the sale of Goods.

River Recordings Limited accepts responsibility under these terms and conditions for its commitments to the consumer; River Recordings Limited also accepts responsibility by its duly authorised agents.

All descriptions and illustrations contained in the Catalogue or any price list or otherwise communicated to the Customer are correct at the time of publication, errors and omissions excepted.

Any substitute products that are supplied, and found not to be suitable will be collected at River Recordings Limited’s expense. Contact Customer Service to arrange for the goods to be returned.

Goods will be supplied based on any information provided by the customer. Any Catalogue published by River Recordings Limited is an invitation to treat and not an offer to supply.

Subject to conditions any advice or recommendation given by River Recordings Limited or its employees or agents to the Customer dealing as a Trade Customer as to the storage, application or use of the Goods is followed or acted upon entirely at the Trade Customers own risk (except in the case of manifest error, gross negligence or contractual misrepresentation by River Recordings Limited). These Conditions shall not
apply to any ‘Customer’ purchasing ‘Goods’ as a ‘Consumer’.

Prices

All prices for the Goods are in pounds Sterling and subject to Value Added Tax (“VAT”) at the relevant rate ruling on the date of despatch and do not include the cost of carriage, packaging or other charges which becomes payable under any contract with River Recordings Limited.

Prior to the conclusion of the contract River Recordings Limited will inform the customer the total amount to be debited. Whilst every endeavour will be made to maintain the prices in the catalogue River Recordings Limited reserves the right to alter prices at any time.

Prior to the conclusion of the contract River Recordings Limited will inform the customer the total amount to be debited. Any change in price will be communicated to the customer at the time of ordering. Prior to the conclusion of the contract River Recordings Limited will inform the customer the total amount to be debited.

Orders

Where possible orders should be made using River Recordings Limited order codes and a Customer number. Written confirmation is not required for a trade customer telephone order, but if the Trade Customer sends written confirmation such confirmation must be marked ‘Confirmation Only’ so as to avoid liability for a duplicated delivery. Any resulting duplication of delivery shall be the responsibility of the Trade Customer.

River Recordings Limited reserves the right to deliver part orders, or hold orders until all items are available, as required. Credit cards are charged for all orders at the point of order confirmation request.

Payment received does not constitute a contract of sale but a confirmation of an order request. Only one mail order handling charge will be levied (if applicable) in respect of the total order.

If any goods are not in stock the customer will be informed and will be offered the option to continue to await delivery or offered a refund or an alternative product.

In the event of unwanted Goods please refer to ‘Warranty and Returns’. In the event of the Customer cancelling part of an order, River Recordings Limited reserves the right to charge the Customer for any difference in the selling price applicable to the quantity despatched up to the time of cancellation and the total price of the original order.

River Recordings Limited reserves the right to decline to trade with any person or organisation. In addition, and notwithstanding any other provisions of these conditions of sale, River Recordings Limited may decline to accept any order, by giving notice of non-acceptance to the Customer by email, facsimile or telephone within 24 hours (excluding weekends and public holidays) of receipt by River Recordings Limited of an order.

In the event that River Recordings Limited declines to accept an order in respect of which payment has been received, the full amount of such payment will be refunded. All returned goods will need an authorised returns number before you send anything back to us. Goods delivered without authorised returns numbers clearly marked on the outside of the package will be refused.

We cannot cancel your purchase when:

• you return your product to our warehouse without a valid RMA authorisation number clearly displayed on the outer packaging.
• if we have undertaken a duplication or printing order.
• the seal has been broken on any packaging.
• the goods were a special order or a custom built item to your specification.
• ‘Special order’ goods are ordered on request by River Recordings Limited especially for a specific order and our goods not normally held in stock.

Credit Account Orders

Telephone orders to be charged to a Credit Account held by a Trade Customer with River Recordings Limited will only be accepted with an official purchase order number and receipt of a faxed copy of the purchase order. Trade Customers wishing to purchase Goods on account at a River Recordings Limited store will be required to provide a written purchase order containing the River Recordings Limited trade account number. Such reserved products must be collected within 5 working days from notification of goods arriving in Store, failing which River Recordings Limited will charge the Customer a restocking fee.

Postage & Packing Charges

Orders over £149 (excluding VAT) are delivered FREE-OF-CHARGE. Please note that this applies to England, Wales and Southern Scotland customers only. If your country is not listed in the delivery menu in the check out section then please contact info@purelyporsche.com for a quotation.

Payments

Payment shall be made by the Customer for all monies owed to River Recordings Limited in respect of orders placed for Goods. Payment shall be made at the time that the order is placed.

Payment may be made by, and is acceptable by, cash, cheque or major credit and debit cards: (Switch, MasterCard, Visa and American Express). Cheques and Postal Orders must be made payable to “River Recordings Limited” and crossed “payee only”.

Credit terms are available to Trade Customers on request and subject to status, satisfactory references and acceptable trading history with River Recordings Limited.

Payment is due by the end of the agreed credit term from the invoice date without any deductions. If the Credit Customer fails to make any payment on the due date, then, without prejudice to any other right or remedy available to River Recordings Limited,

River Recordings Limited shall be entitled to:

• Cancel the order and suspend further deliveries of Goods
• Appropriate any payments made by the Customer to such of the Goods (or Goods supplied under any other order) as River Recordings Limited may think fit.
• Charge an administration fee for any legal or other collection processes required to recover all monies due.
• Charge interest on the unpaid amount from the due date in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

Ownership and Risk

The risk of damage to or loss of Goods ordered from River Recordings Limited will pass to the Customer when the goods are delivered. The following conditions shall not apply to any Consumer. Until property in the Goods passes to the Customer, the Customer shall hold the Goods and each of them on a fiduciary basis as bailee for River Recordings Limited. The Customer shall store the Goods (at no cost to River Recordings Limited) separately from all other Goods in its possession and marked in such a way that they are clearly identified as River Recordings Limited property. Notwithstanding that the Goods (or any part of them) remain the property of River Recordings Limited the Customer may sell or use the Goods in the ordinary course of the Customer’s business at full market value for the account of River Recordings Limited. Any such sale or dealing shall be a sale or use of River Recordings Limited property by the Customer on the Customer’s own behalf and the Customer shall deal as principal when making such sales or dealings. Until property of the Goods passes from River Recordings Limited the entire proceeds of sale or otherwise of the Goods shall be held in trust for River Recordings Limited and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as River Recordings Limited money. River Recordings Limited shall be entitled to recover the price of the Goods (including VAT and all other monies due to River Recordings Limited from the Customer) notwithstanding that property in any of the Goods has not passed from River Recordings Limited.

Until such time as the property in the Goods passes from River Recordings Limited, the Customer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to River Recordings Limited. If the Customer fails to return Goods, River Recordings Limited may apply to enter any premises owned occupied or controlled by the Customer where the Goods are situated and repossess the Goods. On the making of such request to deliver up the rights of the Customer contained in the preceding Condition shall cease. The Customer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods that are the property of River Recordings Limited. Without prejudice to the other rights of River Recordings Limited, if the Customer does so all sums whatever owing by the Customer shall forthwith become due and payable. The Trade Customer shall insure and keep insured the Goods to the full value against ‘all risks’ to the reasonable satisfaction of River Recordings Limited until the date that property in the Goods passes from River Recordings Limited and shall, whenever requested by River Recordings Limited, produce a copy of the policy of insurance and evidence of payment of premium. Without prejudice to the other rights of River Recordings Limited, if the Customer fails to pay any sums whatever owing by the Customer on the due date, all sums due to River Recordings Limited shall forthwith become due and payable.

Delivery

Orders over £149 (excluding VAT) are delivered FREE-OF-CHARGE. Please note that this applies to England, Wales and Southern Scotland customers only. If your country is not listed in the delivery menu in the check out section then please call 020 8311 7077 for a quotation. Same day despatch is normally achieved provided the order has been received by River Recordings Limited before 3.00 pm during Working Days and if the items ordered are in stock at time of order. This provision does not apply to Goods requiring special modification (e.g. calibration, kits etc.) and orders which are too large to be despatched by River Recordings Limited contracted carrier.

Guaranteed Next Day Delivery

All confirmed ordered will be despatched where reasonably practicable the same working day as the order is received by River Recordings Limited by courier and normally delivered within three working days.

Export

Carriage will be charged on orders involving Export at the appropriate rate prevailing at the date of despatch. Prior to the conclusion of the contract River Recordings Limited will inform the customer the total amount to be debited. The Customer is responsible at their own expense to obtain any import or export license or any other documentation deemed necessary by any compliant authority.

Transit Delays and Non-Delivery

Carriage will be charged on orders involving Export at the appropriate rate prevailing at the date of despatch. Prior to the conclusion of the contract River Recordings Limited will inform the customer the total amount to be debited. The Customer is responsible at their own expense to obtain any import or export license or any other documentation deemed necessary by any compliant authority.

Order Cancellations

In the event of cancellation of part of an order by the Trade Customer River Recordings Limited reserves the right to invoice for any difference in selling price applicable to the quantity despatched up to the time of cancellation plus a restocking charge. Orders where goods have been specifically ordered for Trade Customer requirements (schedule and non-stock items) cannot be cancelled.

Product Warranty and Returns

Unwanted goods – For unwanted goods River Recordings Limited offers a 7-day return policy providing the goods are unopened and unused*. To return a product under this policy the Customer should:

• Return the product to one of River Recordings Limited stores within 7 days or,
• Apply for an authorised RMA number by logging on to our web site(s)

To apply for an authorised RMA (returned merchandise authorisation) number log in to our web site(s) and follow the instructions by clicking the ‘support’ link on the home page. Once your returns request has been accepted an RMA number will be issued and this must be clearly identified on a returns label or the external packaging, and internal documentation when the Goods are returned, no markings should be made on the product or product packaging if the customer is returning unwanted goods. Unwanted goods must be complete, and in ‘as new’ condition with original packaging. Certain product categories by their nature are exempt from the 7-day return policy; these would include for example software, cut cable, and built kits. Warranty seals applied to any Goods supplied by River Recordings Limited must not be removed or broken and any product without the warranty seals intact will be deemed to have had any warranty invalidated and the Goods will be deemed to have been accepted by the Customer. River Recordings Limited will not accept the return under the 7-day return policy of any Goods that have had a manufacturers or suppliers warranty or registration invoked. River Recordings Limited will deem such registration by the Customer as acceptance of the Goods. River Recordings Limited must receive all returns within 14 days of the Returns Number being issued and any Goods received after that period will be dealt with on an individual basis. The Customer must take all reasonable care to ensure that all returned items be suitably packaged, and that the Goods are protected when being returned. The Customer must provide to River Recordings Limited proof of delivery. In the event of Goods being returned without a previously allocated Return Number the processing of any claim by the Customer is likely to be delayed. Customers whose transactions are covered by the Distance Selling Regulations the 7-day returns policy will commence after the 7-day cooling off period. Where unwanted Goods are returned to River Recordings Limited after the expiry of the 7-day return period but within a reasonable period of time River Recordings Limited reserves the right to levy a handling charge. A charge of 20% of the invoice value of the Goods returned, with a minimum charge of ?10 will be levied on Goods that are not defective. The Customer must bear all the costs of returning any unwanted Goods to River Recordings Limited and provide proof of delivery.

Faulty goods under Warranty – Any defects in the Goods which under proper use appear within a reasonable period after delivery and which are due to faulty materials, workmanship or design will be made good by River Recordings Limited either by repair or, at the sole discretion of River Recordings Limited, by replacement or refund. Any claim for defective Goods or parts must be made by applying for an RMA number through the website(s). To apply for an authorised RMA (returned merchandise authorisation) number log in to our web site(s) and follow the instructions by clicking the ‘support’ link on the home page. Once your returns request has been accepted an RMA number will be issued and this must be clearly identified on a returns label or the external packaging. Goods must be returned in the full original packaging. The customer must ensure that the goods are adequately insured at all times. River Recordings Limited must receive all returns within 14 days of the Returns Number being issued and be able to provide River Recordings Limited proof of delivery. All warranties and conditions which are capable of being excluded by statute or otherwise are excluded from any contract provided that nothing in the contract shall affect the
statutory rights of the Consumer or liability for death or personal injury caused by the negligence of River Recordings Limited. River Recordings Limited reserve the right to inspect at 6 Belvedere Business Park, Crabtree Manorway South, Belvedere, Kent DA17 6AH any Goods returned. Warranty seals applied to any Goods supplied by River Recordings Limited must not be removed or broken and any product without the warranty seals intact will be deemed to have had any warranty invalidated. The warranty period is from the date of purchase. If goods are replaced within this warranty period, the warranty will continue from the original date of purchase unless specifically agreed otherwise by River Recordings Limited in writing. The onus is on the Customer to obtain an RMA number within the warranty period. Applications for RMA numbers made after the warranty period has expired will not be treated as a warranty return, this is regardless of any technical support the customer is receiving directly or indirectly from River Recordings Limited or the relevant manufacturer during the warranty period. Should the warranty period expire after the RMA number has been issued the return will be covered by the warranty providing the goods are returned to River Recordings Limited within 14 days of the RMA number being issued. Unclaimed goods, returned for
warranty or out o f warranty service, will be disposed of after 90 days without further notice regardless of whether or not the service costs have been paid for or not.

*This excludes ‘special order’ goods. ‘Special order’ goods are ordered on request by River Recordings Limited especially for a specific order and are goods not normally held in stock.

General Descriptive Matter

All descriptions and illustrations contained in the Catalogue or any price list or otherwise communicated to the Customer are correct at the time of publication (errors and omissions excepted). If the description of any Goods which are not directly manufactured by River Recordings Limited contained in any correspondence, invoice or the current Catalogue varies from that of the manufacturer’s description, then the manufacturer’s description will be deemed to be the correct description and shall take precedence over the description assigned by River Recordings Limited. The updated and complete manufacturer’s description is available from River Recordings Limited on request before any order is placed. In the event of any material change to any description of goods since the date of publication of the last catalogue by River
Recordings Limited, River Recordings Limited will advise the Customer of the revised description prior to any order being accepted by River Recordings Limited. River Recordings Limited reserves the right without prior notice to discontinue any Goods or to make design changes as part of a continuous programme of improvement or to assist availability.

Product Performance

The responsibility for ensuring that Goods are sufficient and suitable for the Customer’s requirements rests with the Customer.

Quality Assurance

River Recordings Limited is committed to providing our customers with the highest quality products at competitive rates. At River Recordings Limited the customer is always our priority. All our orders and enquiries are handled personally by our fully trained staff, and if you are ever in doubt about the progress of your order please contact our customer services team for more information. While we are constantly striving to offer the products and services that we feel you, the customer needs, if there
is anything you require that you don’t see offered let us know and if we can, we will supply it. Competitive pricing is important to us, however if you do see products offered cheaper elsewhere we would at least price match, and where possible we will beat the advertised price.

Copyrights, Patents, Intellectual Property & Information

Goods referred to in any River Recordings Limited Catalogue, correspondence or invoice may be subject to a patent, trademark, registered design, copyright, topography right or other right of a third party. River Recordings Limited owns full copyright in respect of any Catalogue whether published in paper or electronic form. The reproduction, storage in a retrieval system, or transmission, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, in part or in whole, is prohibited without the prior written consent of River Recordings Limited. Notwithstanding any other term of these conditions of sale, title in any software program that forms part of the Goods purchased is retained by River Recordings Limited and will not pass to the Customer. Such software programs may only be used by the Customer and a revocable non-exclusive licence is hereby granted for the sole use of the Customer (so far as River Recordings Limited are able to grant such licence) and any software must not be copied or altered or otherwise modified in any way. Where any designs or specifications have been supplied by the Customer for manufacture of Goods by River Recordings Limited the Customer warrants that the use of such designs or specifications for the manufacture, processing, assembly or supply of the Goods shall not infringe the rights of any third party and the Customer shall indemnify River Recordings Limited against all costs claims and demands of whatsoever nature arising out of the use of such designs or specifications.

Data Protection

By placing an order with River Recordings Limited the Customer agrees to data relating to the transaction being retained and processed by River Recordings Limited in accordance with the Data Protection Act 1998 or any statutory modification thereof. The data so retained will be used by River Recordings Limited for the purpose of accounting and marketing and will not be disclosed to any third party without the previous consent in writing of the Customer. River Recordings Limited may send to the Customer details of other Goods and services offered by River Recordings Limited that River Recordings Limited might consider to be of interest to the Customer. If the Customer does not wish to receive details of these offers then they should contact River Recordings Limited either in writing to, 6 Belvedere Business Park, Crabtree Manorway South, Belvedere, Kent DA17 6AH, by facsimile on 020 8311 7017, by telephone on 020 8311 7077 requesting that data is removed from the marketing database. River Recordings Limited subscribes to the data protection principles as laid down by the Information Commissioner and all data is held securely. The Customer may, by writing to the Customer Service Department of River Recordings Limited, request that all data relating to him, her or it should be deleted from its records. Customers may also, in accordance with the provisions of the Data Protection Act 1998, obtain copies of such data that is held in respect of them by River Recordings Limited. For Trade Customers River Recordings Limited will also retain and process information in its capacity of a credit reference agency. Telephone calls and e-mails to River Recordings Limited may be recorded or monitored for the purposes of security training and quality assurance.

Limitation of Liability

The Customer will be responsible for ensuring the fitness for purpose of the Goods for the Customer’s application unless the purpose is previously notified to River Recordings Limited. To the extent permitted by law, River Recordings Limited accepts no liability whatsoever or howsoever arising in respect of loss, damage or expense arising from errors in information or advice provided whether or not due to River Recordings Limited’s negligence or that of its employees, agents or sub-contractors save for any loss or damage arising from death or personal injury. To the extent permitted by law, River Recordings Limited shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of any Contract with the Customer, for any indirect, special or consequential loss or damage (whether for loss of profit or
otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of River Recordings Limited, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Customer. The entire liability of River Recordings Limited under or in connection with the Contract with the Customer shall not exceed the price of the Goods except as expressly provided in these terms and conditions.

Force Majeure

River Recordings Limited shall not be liable to the Customer or deemed to be in breach of Contract by reason of any delay in performing, or any failure to perform, any obligations of River Recordings Limited in relation to the Goods, provided that the delay or failure was due to any cause beyond reasonable control of River Recordings Limited. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond reasonable control of River Recordings Limited: Act of God, explosion,
flood, tempest, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of River Recordings Limited or of a third party), difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery.

Law

All contracts between River Recordings Limited and the Customer shall be governed by and interpreted in accordance with English Law and both River Recordings Limited and the Customer submits to the exclusive jurisdiction of any competent Court in the United Kingdom.

Consumer Protection

Nothing contained herein shall affect a Consumer’s rights under the Unfair Contract Terms Act 1977 or any regulations made under it including the Unfair Terms in Consumer Contracts Regulations 1994.

Insolvency

If the Customer fails to make payment for the Goods in accordance with these Terms and Conditions or permits any other breach of any contract for sale or if any distress or execution shall be levied upon any of the Customers goods or if the Customer offers to make any arrangement with its creditors or if any petition in bankruptcy is presented against the Customer or the Customer is unable to pay its debts as they fall due or if any petition in bankruptcy is presented against the Customer or if being a limited company any resolution or petition to wind up the Customer (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if a Receiver, Administrative Receiver or Manager shall be appointed over the whole or any part of the Customer’s business or assets or if any petition for the appointment of any administrator is presented against the Customer or if the Customer shall suffer any actions or proceedings under foreign law all sums outstanding in respect of the Goods shall become payable immediately. River Recordings Limited may in its absolute discretion and without prejudice to any other rights which it may have suspend all future deliveries of Goods to the Trade Customer and/or terminate any contract without liability upon its part; and/or exercise any of its rights pursuant to this Terms and Conditions.

Headings

All headings in these Terms and Conditions are for ease of reference only and shall not affect the construction of any contract between River Recordings Limited and a Customer.

Severance

Any provision of any contract with River Recordings Limited which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of any Contract.

Waiver

No waiver or forbearance by River Recordings Limited (whether expressed or implied) in enforcing any of its rights under any contract shall prejudice its right to do so in the future.

Rights of Third Parties

For the purposes of the Contracts (Rights of Third Parties) Act 1999 it is agreed by River Recordings Limited and the Customer that nothing in any contract shall confer on any third party any right to enforce or any benefit of any term of any contract that may be concluded by them.

We may modify these Conditions from time to time and you should therefore ensure that you review these Conditions regularly.

In these Conditions, “we”, “us” or “our” means Purely Porsche, a trading name of River Recordings Limited. When we refer to Purely Porsche this includes the website located at www.purelyporsche.com (“Purely Porsche Website”), and all other Purely Porsche platforms including mobile and tablet and the Purely Porsche Apps owned and operated by us.

These Conditions apply to any adverts that are placed, renewed and/or amended until that advert expires or is amended or renewed.

1. OUR CONTRACT WITH YOU

1. These Conditions apply to any advert for the sale of a vehicle that is placed on Purely Porsche by a private advertiser and together with all other policies and terms posted on the Purely Porsche Website, set out the terms on which we enter into a contract with you to provide you with access to our platforms and services.
2. By placing an advert with us, you are deemed to have accepted these Conditions.
3. Each time we accept a request from you to place an advert on Purely Porsche, a separate severable contract is formed between you and us which is subject to these Conditions.

2. PLACING AN ADVERT

1. When you place an advert on Purely Porsche, you will be given a username and password which you are responsible for keeping secure. Purely Porsche will not be liable to you if you fail to keep your username
   and password safe. Unless caused by our negligence, we will not be liable for any loss you might suffer if a third party gains unauthorised access to your account. You agree that the information supplied with your
   registration will be truthful, accurate and complete. You also agree that you will not attempt to register in the name of any other individual nor will you adopt any username which is offensive. All personal information supplied by you as part of the registration process will be protected and used in accordance with the terms of our Privacy Policy.
2. If we accept your advert, whilst we cannot give any guarantees regarding timescales, we aim to process and publish adverts supplied online within 24 hours of receipt.
3. Adverts placed may appear on all Purely Porsche platforms, including desktop, mobile and tablet, and all third party social media platforms on which Purely Porsche are active, and may also feature on other third party partner sites.
4. As soon as your advert has been accepted for publication, a confirmation email will be sent to you explaining that the advert has gone live on Purely Porsche. In the event that an advert has been rejected for publication, we will attempt to contact you to explain why your advert has been rejected.

3. ADVERT CONTENT GUIDELINES

1. Each advert may only feature one vehicle. If you have more than one vehicle to sell, you will need to place a separate advert for each vehicle.
2. We are only able to display one advert for each vehicle at any one time.
3. We may accept photographs and videos (in a format to be determined by Purely Porsche) of vehicles for use in adverts. However, we reserve the right in our sole discretion not to include a photograph and/or video in an advert.
4. You are solely responsible for uploading any photographs and videos which form part of your advert unless agreed otherwise by us. We shall have no responsibility for the quality of any photographs and/or videos you upload or provide to us.
5. Photographs and videos which form part of the adverts must:-
   
   1. show only one vehicle.
   2. be accurate in their description of the vehicle being displayed.
   3. comply with all applicable legislation and regulation.
   4. not contain any material that is subject to third party intellectual property rights or other third party proprietary rights (including rights of privacy or rights of publicity).
   5. not be defamatory or derogatory of any person or organisation.
   6. not contain any strong profanity or inappropriate content or be
   7. obscene, offensive, threatening, inflammatory, abusive, hateful, racist, anti-religious or sexually graphic.
   8. not be in any way discriminatory or promote discrimination of any kind.
   9. not be pornographic or violent.
   10. not disclose any personal information in respect of any individual (and personal information for the
   11. purpose of these Conditions is any information that can be used to identify a person or contact a person by any means).
   12. not impersonate any person or misrepresent your identity or affiliation with any person or company.
   13. not be unlawful or advocate, promote, incite any third party to commit or assist any unlawful or criminal act or contain any description or mention of illegal activity.
   14. not contain a statement which is direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
   15. not, other than solely in relation to the sale of the vehicle which is the subject of your advert, contain any advertising, promote any goods or services, drive traffic to another website or notify users of a promotion not approved by Purely Porsche or otherwise attempt to make a commercial gain.
   16. not contain any spam.
   17. not contain text or audio not relevant to the vehicle being described.
   18. not be in any language other than English.
   19. not be irrelevant or off-topic and
   20. not contain a url or link to any other site except the Advertiser’s own website. Purely Porsche may check such photographs and videos which form part of the adverts to ensure that such content meets the above requirements
6. If a photograph and/or video in your advert does not meet the requirements set out in Condition 3.5, we reserve the right not to publish the photograph and/or video (as applicable), to remove the relevant photograph and/or video (as applicable) from the advert or to remove the advert in its entirety from Purely Porsche.
7. If you need to amend your advert, you can use the online edit functionality featured on Purely Porsche.
8. You warrant that:
   
   1. you are a resident in the UK,
   2. you have the right to sell the vehicle in the advert,
   3. the advert you are placing does not relate to a vehicle that is a non-declared write-off,
   4. the information contained within the advert is a true and accurate representation of the vehicle to which it relates and any statement made in relation to the mileage of the vehicle being advertised is correct,
   5. the advert has consistent and accurate pricing and the correct mileage has been provided,
   6. you will not act fraudulently and will deliver any vehicle advertised that is lawfully bought from you,
   7. all copy, information and materials that you provide to us is complete, accurate, legal, non-defamatory, decent, honest and truthful and complies with the British Code of Advertising Practice, all other relevant codes under the general supervision of the Advertising Standards Authority and all current relevant legislation,
   8. the publication of the advert by us will not breach any contract, infringe any third party intellectual property rights or other rights, render us or any other company in our group liable to any proceedings, and/or cause a detriment to our reputation and/or the reputation of any company within our group,
   9. you will not upload any files to Purely Porsche that contain a virus and/or corrupted data, and
   10. the advert complies with these Conditions including without limitation Conditions 3.1 to 3.5.
9. If you refer to a vehicle as being ‘Sold’ in any part of an advert, we shall automatically remove such advert from Purely Porsche.

4. OUR RIGHTS AND OBLIGATIONS

1. We shall provide the advertising service with reasonable care and skill in a professional and timely manner. However, you acknowledge and accept that it is technically impossible to guarantee that Purely Porsche will be continuously available online or to guarantee the corruption free or error free transfer of an advert to Purely Porsche.
2. From time to time, we will need to carry out maintenance on our equipment and systems, and we shall use our reasonable endeavours to ensure that, in so doing, minimum disruption to any adverts is caused.
3. We will use reasonable endeavours to remedy faults or errors on Purely Porsche as soon as possible. [You acknowledge and accept that once a fault or error has been reported to us, it may take up to 48 hours for us to investigate and rectify the problem].
4. We do not monitor or control and shall not be responsible for the content of your advert which you agree is your sole responsibility. Accordingly, you shall be responsible for any losses, expenses or other costs incurred by us caused by an untrue statement or inaccurate or unlawful content.
5. We reserve the right to refuse to publish any advert without reason and to classify, edit and delete an advert at our sole discretion so as to: comply with legal or moral obligations placed on you or us; avoid infringing third party rights, the British Code of Advertising Practice and all other codes under the general supervision of the Advertising Standards Authority and/or any relevant legislation; respond to any complaints; correct typographical errors or technical inaccuracies that may appear from time to time, and for any other technical and/ or quality reasons. Where possible, we will attempt to contact you to inform you of these changes prior to publication and/or edit.
6. We may at any time remove any or all of the materials from the advert which in our opinion are unlawful or are in breach of these Conditions.
7. We may at any time vary the technical specifications of Purely Porsche (or any parts of them) for operational reasons.

5. CHARGES AND PAYMENT

1. The cost of placing an advert or taking membership on Purely Porsche depends on the advertising or membership package you select and all prices are quoted on Purely Porsche. All prices are inclusive of VAT.
2. We have the right to change our advertising and membership rates at any time and for any reason but any revised rates shall not apply to any adverts placed with us before publication of the revised rates.
3. All adverts and memberships must be pre-paid prior to publication.
4. Payment for adverts and memberships is made online through Purely Porsche.
5. Where payment is taken through Purely Porsche, we will refer you to a dedicated commerce provider who will take payment via a secure sever (SSL) connection to ensure the safety of your payment online. Payment can be made using Visa, MasterCard or Maestro. Any cards used for payment must be registered in the UK to be accepted. Whilst every effort is made to ensure the safety of your credit card transaction, we cannot and do not accept liability for any loss or damage incurred as a result of using the secure payment mechanism.

6. INTELLECTUAL PROPERTY RIGHTS

1. In respect of any materials which you supply to us (“Materials”), you grant us a non-exclusive, irrevocable, perpetual and royalty free licence to use such Materials for any purpose. You confirm that neither you nor any other person will assert any moral rights in or relating to the Materials referred to above against us or any third party.
2. You agree that all intellectual property rights (including, without limitation, copyright, trademarks, database rights and design rights (whether registered or not)) in any copy, text, artwork, photographs, videos or other materials which we have created and/or in any way altered for you in connection with the advert shall belong to us absolutely.

7. OUR RIGHT TO TERMINATE THE CONTRACT

1. We shall be entitled to terminate the contract with you and remove an advert at any time. We will provide you with notice of the removal of your advert. In such circumstances we shall provide a refund to you for the unexpired part of the advertising term unless we have terminated the contract pursuant to Condition 7.2 below.
2. We may immediately suspend or terminate the contract and remove an advert where:
   
   1. you breach a term of these Conditions,
   2. you breach any of the provisions of Condition 3.8,
   3. we reasonably suspect that you are not complying with the provisions of Condition 3.8,
   4. you place an advert at our bargain rate but then price your vehicle above the vehicle price limit to which the bargain rate applies,
   5. You place an advert for one vehicle and then modify adverts details to sell multiple vehicles,
   6. You are a trade seller masquerading as a private seller,
   7. if in our reasonable opinion, we have reason to believe that you have been abusive to our staff or we receive a complaint from a third party regarding your conduct in the sale of an advertised vehicle; and/or
   8. any competent law enforcement or compliance authority instructs, advises or makes a recommendation to us to take down any of your adverts and/or suspend the delivery of services to you.
3. If we remove an advert in accordance with Condition 7.2 above, you will not be entitled to any refund for the advert in question.

8. YOUR RIGHT TO CANCEL

1. Please note that the digital advertising package provided by Purely Porsche is a bespoke package, tailored to your requirements and is created instantaneously. By submitting your advert to us for publication, you consent to us publishing your advert within the statutory 14-day cancellation period afforded to consumers, which begins on the day that we notify you that your advert has gone live on Purely Porsche.
2. By submitting your advert for publication, you acknowledge that your right to cancel the contract at no cost to you will be lost.
3. An advert can be cancelled at any time by you, for example to avoid unwanted responses but no refunds will be given unless you cancel due to our breach of the contract.

9. LIABILITY

1. Nothing in these Conditions shall exclude or restrict our liability for death or personal injury caused by our negligence, for fraudulent misrepresentation and/or for any other liability which we are not permitted to exclude or limit by law.
2. If we fail to comply with these Conditions, we are responsible for loss or damage that you suffer as a foreseeable result of our breach of the Conditions or our negligence but we are not responsible for any loss or damage that is not foreseeable or for any loss or damage not caused by any breach on our part. Loss or damage would be foreseeable if it were an obvious consequence of our breach or if it were contemplated by you and us at the time the advert was published and the contract was formed.
3. We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses, malicious or impairing computer programs or other technologically harmful material that may affect Purely Porsche, your advert and/ or may infect your computer equipment, computer programs, data or other proprietary material due to your use of Purely Porsche or your downloading of any material posted on it or on any website linked to it.
4. We cannot guarantee that by placing an advert on Purely Porsche, you will sell the vehicle in question and we do not commit to finding a buyer for you. Our role is solely to provide a platform on which you can advertise your vehicle for sale.
5. In order to create your advert, we may use certain third party data. We will not be liable for the accuracy of this data.
6. If, as a result of placing an advert, you are successful in selling your vehicle, Purely Porsche will not be connected in any way to that sale and will not be liable or responsible under any contract for the sale of your vehicle which you might enter into with a third party.
7. You agree that any questions and complaints regarding a vehicle advertised in your advert will be your responsibility only and that we do not have any liability in this regard.
8. In the event of any error or omission in an advert, we may at our sole discretion either amend the relevant part of the advert or refund or adjust the charges. No refund, amendment or adjustment to the charges will be made where in our sole opinion, the error or omission does not materially detract from the advert or where it arises as a result of incorrect or inadequate information provided by you.
9. We shall not be liable to you for any delay in performing and/or any failure to perform our obligations to you if the delay or failure is due to any event outside of our reasonable control (including without limitation, any act of God, fire, flood, explosion, storm, epidemic or natural disaster, strike, terrorist attack or threat of terrorist attack, infrastructure failure or power failure, denial of service attack, failure of public or private telecommunications networks).
10. Nothing in these Conditions affects your legal rights. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards.

10.DATA PROTECTION AND SECURITY

1. By submitting an advert to us, you are requesting that your advert appears on Purely Porsche. This means that the advert and all information contained within it can potentially be viewed by all persons with internet access throughout the world. You consent to the publication of your data in this way.
2. You acknowledge and agree that by placing an advert with us, you will provide us with and we will collect from you certain personal data relating to you (e.g. name, address and contact details). This personal data will be processed in accordance with our Privacy Policy and may be used for a number of purposes (as further detailed in our Privacy Policy) and which may include the prevention and detection of fraud, assisting with police investigations and/or enquiries and/or complying with statutory and regulatory obligations. Our Privacy Policy can be found on our website and we advise you to read it. For the privacy policy, visit Privacy Policy.

11. INFORMATION ABOUT US AND HOW TO CONTACT US

1. Purely Porsche is the trading name of River Recordings Limited, a company registered in England and Wales with registered company number 03055993 whose registered office address is 6 Belvedere Business Park, Crabtree Manorway South, Belvedere, Kent, DA17 6AH
2. If you wish to contact us in writing, you can do so by:
   
   1. e-mailing info@purelyporsche.com, or
   2. Pre-paid Post or hand delivery to Purely Porsche, Unit 6, Belvedere Business Park, Belvedere, England, DA17 6AH
3. Please note that if we have to contact you or give you notice in writing, we may do so by e-mail, or by pre-paid post to the address you provide to us at the time you placed the advert.

12.GENERAL

1. We may transfer our rights and obligations under these Conditions to a third party and we will always notify you in writing if this happens. This will not affect your rights or our obligations under these Conditions.
2. Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them or any part of them are unlawful, the remaining paragraphs or parts will remain in full force and effect.
3. If we fail to insist that you perform any of your obligations under these Conditions, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive an obligation by you, we will only do so in writing and that will not mean that we will automatically waive any later default by you.
4. These Conditions form a contract between you and us. No other person shall have any rights to enforce them.
5. These Conditions are governed and construed by English law. This means that the contract formed between you and us and any dispute or claim arising out of it will be governed by English law. You and we both agree that the Courts of England and Wales will have non-exclusive jurisdiction. This means that a claim could be brought in England or if you are a resident of Northern Ireland, you may bring a claim in Northern Ireland and if you are a resident of Scotland, you may bring a claim in Scotland. English law will however, apply in all cases.