Terms & Conditions | Traders Portal

Terms and Conditions

Introduction
1. From time to time, Parkdean Resorts or any member of its Group may sell used caravans to traders. These caravans may be sold by way of an auction via an online portal. These terms and conditions set out (a) the terms of use of the portal; and (b) the terms that will apply to the sale of the caravan(s) to the trader.
2. The portal is only accessible to registered companies within England and Wales or Scotland who have been approved by us to access the portal. You may not use the portal if you are a consumer or acting in your individual capacity.
3. These terms of use were most recently updated on 16 September 2019.
Definitions
1. In these terms of use for the Portal:
Account means the account which is established in the name of your organisation in order for you to access the Portal;

Auction End Time means the latest time that you can submit a Bid;

Bid means an offer you submit, via the Portal, to purchase an item of Stock;

Cookie Policy means the policy which can be found at https://www.parkdeanresorts.co.uk/cookies/;

Group means Parkdean Resorts UK Limited and any subsidiary company or holding company of Parkdean Resorts UK Limited and each and every subsidiary company of a holding company of Parkdean Resorts UK Limited, in each case from time to time.

Location means the location that the Stock is stored, as may be changed by us from time to time;

Login Details means the user name and password which you use to access your Account;

Portal means the website which is available at the following URL: www.parkdeanresorts.co.uk/traders-portal/;

Premium means the additional amount which may be charged by us on the Stock, as identified on the relevant listing;

Privacy Policy means the policy which can be found at https://www.parkdeanresorts.co.uk/privacy-policy/;

Purchase Price means the aggregate of (i) the amount you submitted as part of your Bid; (ii) the Premium (if any); (iii) any other amounts that we have stated as payable in the listing of the relevant piece of Stock; and (iv) VAT (if applicable);

Reserve means the lowest price that the Stock will be sold, as may be changed by us from time to time;

Stock means each caravan that we list on the Portal for sale;

Virus means computer viruses, trojans, worms, logic bombs, disabling code or routines, or other material which is malicious or technologically harmful;

VAT means Value Added Tax, as calculated at the time an invoice is issued by us to you;

we, us or our means Parkdean Resorts UK Limited, a limited company registered in England and Wales (Registered Number: 05729719), whose registered office is 2^nd Floor, One Gosforth Park Way, Gosforth Business Park, Newcastle-upon-Tyne, NE12 8ET; and

you or your means the organisation in whose name an Account is registered.
Terms of use
1. These terms of use (together with the documents referred to in it) set out the terms and conditions (i) on which you may use the Portal; and (ii) the sale of any Stock to you. Please read these terms of use carefully before you apply to use the Portal; use the Portal at any time; or submit any Bid.
2. By (i) applying to use the Portal; (ii) using the Portal at any time; and/or (iii) submitting any Bid, you confirm that you accept these terms of use and that you agree to comply with them. You confirm that the person who accepts these terms of use on your behalf has the authority to bind you. If you do not agree to these terms of use, you are not permitted to use the Portal or submit any Bid, and must cease using the Portal immediately.
Other applicable terms
1. The following terms also apply to your use of the Portal:
  1. our Privacy Policy, which sets out the terms on which we process any personal data that you provide to us and/or we collect from you; and
  2. our Cookie Policy, which sets out detailed information about the cookies we use and the purposes for which we use them on the Portal.
Changes and updates
1. We may amend these terms of use from time to time. Every time you wish to use the Portal or submit a Bid, please check these terms of use to ensure you understand the terms that apply at that time.
2. We may update the Portal from time to time. We will try to give you reasonable notice of any major changes but reserve the right to make changes as necessary without providing notice.
Accessing the portal
1. You may only use the Portal and submit a Bid if you are registered company within England and Wales or Scotland and you have been approved by us to access the Portal in accordance with clause 7.1 below.
2. You may not use the Portal if:
  1. you are listed on any government list of prohibited or restricted persons;
  2. you are subject to any type of insolvency event (including winding-up, dissolution, administration, insolvency, security over any assets, composition or arrangement with any creditors or a scenario where you are unable to pay your debts);
  3. you are a consumer;
  4. anyone in your organisation is related to anyone that works for us.
3. In using the Portal, you are not permitted to:
  1. use the Portal in a fraudulent or malicious way, or in any way which is unlawful or in breach of these terms;
  2. allow any unauthorised person to use the Portal using your Account Details;
  3. change or modify the Portal (in any way), or reverse-engineer the Portal, or infringe on any intellectual property rights in relation to using the Portal; and
  4. use or attempt to use the Portal in any way which could disable or compromise our security or interferes with the use of the Portal by other users.
Registration, login, and security
1. To use the Portal, you will be sent link via email with details on how to register. Approval will be based on background checks that we will undertake and access to the Portal will be granted or declined in our sole and complete discretion. We are not at liberty to grant you access to the Portal and will not be liable to you in any way if we choose not to do so.
2. If we grant you access to the Portal, we will issue you with Login Details. You may be asked to provide additional information as required as part of our security procedures. We may ask you to change your Login Details from time to time as a security measure. Your Account will be personal to your organisation.
3. You must treat your Login Details as confidential and you must not disclose it to any third party who is not authorised to access your Account through the Portal.
4. You agree to provide true, accurate, current and complete information about yourself when completing the application form to use the Portal and you agree to keep this information up to date and accurate at all times. If you become aware of any changes to the information you submitted as part of your application to use the Portal, you must notify us immediately at [email protected].
5. You are responsible for ensuring that all persons who access the Portal through your Account on your behalf are aware of these terms and comply with them.
6. You are responsible for, and agree to hold us harmless from, any unauthorised access or changes to your Account resulting from shared or unauthorised access to individuals having access to your Login Details.
7. If you know or suspect that anyone other than you knows your Login Details, you must promptly: notify us at [email protected] and change your Login Details.
8. Should any of your personnel no longer require a login to the Portal you must inform us so that we can remove their login access.
Bidding Process
1. Any item of Stock listed by us on the Portal will include a description and picture(s) of the Stock, the Location, the Auction End Time and any Reserve Price.
2. You may place a Bid for the Stock by the Auction End Time. You cannot withdraw a Bid once it is placed. Any Bid submitted by you will remain valid for the duration of the Stock's bidding period.
3. Any Bid submitted by you for the Stock will constitute a legally binding offer to purchase the Stock in accordance with these terms and conditions.
Description and quality
1. All Stock is available for examination by you at the Location prior to you submitting a Bid. You should make prior arrangements to view the Stock by using the contact details for the Location as will be confirmed on the relevant listing.
2. It is your responsibility to satisfy yourself on all matters affecting the Stock, including its condition, description, fitness for purpose and suitability.
3. Whilst we will provide a description of the Stock, this description represents our opinion only. The Stock is however sold "as seen" and we accept no liability for any description of the Stock which is incorrect, inaccurate or incomplete.
4. We make no representations, warranties or guarantees as to the quality, condition, state or description of the Stock or its fitness for a particular purpose. To the extent permitted by law, we exclude all conditions, warranties, guarantees, representations or other terms which may apply to the Stock, whether express or implied.
Collection
1. You must collect the Stock from the Location within two (2) weeks of the date we confirm to you that you are the successful bidder unless we notify you of alternative timescales in writing. Please make arrangements prior to collecting the Stock by contacting the Location using the details set out in the relevant listing or otherwise confirmed by us to you.
2. When making arrangements for collection of the Stock (and otherwise generally in respect of any matters in respect of your Bid, the Stock or the use of the Portal), you shall co-operate with us and deal promptly and accurately with any enquiries or requests for information that we may have from time to time.
3. You are responsible for removing the Stock from the Location including loading the Stock onto the relevant vehicle and ensuring that it is appropriately secured. You acknowledge that we are not responsible for assisting with loading the Stock onto the vehicle unless otherwise agreed in writing with you.
4. When removing the Stock from the Location you shall do so in a safe and lawful manner. In doing so, you shall, and shall procure that your staff and agents shall, comply with:
5. all policies that are in force at the Location (including in respect of health and safety);
6. all applicable law; and
7. any requests or instructions that our staff or agents may provide to you at the time of or in respect of the collection of the Stock from the Location.
Title and risk
1. Without prejudice to our rights and remedies (including those set out in clause 13 (Your Default)), title in the Stock will pass to you on our receipt of cleared funds for the full Purchase Price.
2. Risk in the Stock will pass to you on the date we confirm to you in writing that you have been the successful bidder.
3. You are responsible for insuring the Stock from the date upon which we notify you in writing that you are the successful bidder. From this point you must insure (with a reputable insurer) the Stock and all risks relating to us storing the Stock on your behalf and your removal of the Stock from the Location.
4. Upon our request, you shall provide to us satisfactory evidence that such insurance is in place. If you fail to put in place insurance, we may, in our discretion, put in place our own insurance for the Stock and you shall pay us, upon demand, all costs associated with us doing so.
Your default
1. If you fail to pay the Purchase Price and/or remove the Stock in accordance with these terms, we may (without limitation to our other rights and remedies):
2. store the Stock at the Location (or elsewhere) on your behalf and charge you all costs incurred by us in doing so;
3. charge you interest which shall accrue on a daily basis at a rate not exceeding 3% per annum above the base rate of the Bank of England from time to time;
4. refuse to accept any other Bids from you in relation to Stock;
5. suspend or terminate your Account;
6. terminate the contract between us for the sale of the Stock to you. If we exercise this right then you hereby agree that title in the Stock will automatically transfer back to us and we shall be entitled sell, dispose, destroy, and otherwise do as we please with the Stock upon our written notice to you that we have terminated the contract between us;
7. upon written notice to you, exercise a lien over any other property of yours in our possession. We shall be entitled to apply the proceeds of the sale of any such property to the amounts you owe to us;
8. offset any amounts owed by us to you against any amounts owed to you by us; and/or
9. take such other action as we deem necessary (including legal proceedings).
Intellectual property rights
1. We are the owner or the licensee of all intellectual property rights on the Portal and in the material published on it and the owner of all intellectual property rights of any nature arising out of or in connection with the use of the Portal, including all trademarks, copyright, database rights, and other intellectual property rights (including the appearance and branding of the Portal). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
2. We grant you a non-exclusive, revocable, and limited right to use the Portal solely in accordance with these terms. At no time do you have permission to use our name or branding.
3. You may print off one copy, and may down load extracts, of any page(s) from the Portal for your record-keeping purposes only. You must not modify any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on the Portal must always be acknowledged.
4. You must not use any part of the content on the Portal for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of the Portal in breach of these terms of use, your right to use the Portal will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
No reliance on information
1. The content on the Portal is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Portal.
2. Although we make reasonable efforts to update the information on the Portal, we make no representations, warranties or guarantees, whether express or implied, that the content or any information provided on the Portal is accurate, error-free, complete, or up-to-date.
Limitation of our liability
1. Nothing in these terms of use excludes or limits either your or our liability for death or personal injury arising from negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
2. Subject always to the remainder of this clause 16, our entire liability to you arising out of or in connection with your purchase of the Stock from us, whether in contract, tort (including negligence), breach of statutory duty or otherwise will in no circumstances exceed the Purchase Price (excluding any VAT) paid for the Stock in relation to which the claim arises.
3. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  1. use of, or inability to use, the Portal; or
  2. use of or reliance on any content displayed on the Portal.
Suspension/termination of the Portal
1. We do not guarantee that the Portal, will always be available or be uninterrupted. Access to the Portal is permitted on a temporary basis.
2. We may suspend, withdraw, discontinue or change all or any parts of Portal or your use of the Portal without notice and for any reason at any time.
3. You may request the reactivation of your Account if we suspended or terminated it, but we are under no obligation to do so.
4. We will not be liable to you if for any reason any part of the Portal is unavailable at any time or for any period.
Viruses
1. We do not guarantee that the Portal will be secure or free from Viruses.
2. You are responsible for configuring your mobile device, computer equipment and other IT systems in order to access the Portal safely. You should use and maintain your own virus protection software.
3. You must not misuse the Portal by knowingly introducing Viruses. You must not attempt to gain unauthorised access to the Portal, the server on which the Portal is stored or any server, computer or database connected to the Portal. You must not attack the Portal via a denial-of-service attack or a distributed denial-of service attack.
4. We will not be liable for any loss or damage caused by a Virus which may infect your mobile device, computer equipment, computer programs, data or other proprietary material due to your use of the Portal.
Linking to the portal and publication
1. You shall not include any links to the Portal from your website without our prior written consent. If we do provide consent:
  1. you shall do so in a way that is fair and legal and does not does not damage our reputation or take advantage of it;
  2. you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
  3. you shall not establish a link to the Portal on any website that is not owned by you; and
  4. you shall comply with any other conditions that we may stipulate at the time.
Third party links and resources on the portal
1. The Portal may contain some material provided by third parties and we accept no responsibility or liability for the accuracy of such material.
2. No third party is permitted to link any other website to the Portal without obtaining our prior written consent.
3. Where the Portal contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources and any use of them by you is solely at your own risk.
4. We are not liable to you for any loss or damage arising from action or inaction resulting on your reliance on the information, content or materials displayed on the Portal.
How we may contact you
1. By completing the Portal registration form, you are giving us permission to contact you from time to time by using any of the methods which you have authorised during the registration process. This may include email, SMS, post, phone or other applicable messaging service, and you may update your preference at any time by making the appropriate selection on the Portal settings menu.
2. You are responsible for keeping us updated if your contact details change. We are not responsible if we are not able to contact you, or if your contact details are out of date.
Miscellaneous
1. These terms constitute the entire agreement between us.
2. If any part of these terms becomes or is held by a court to be invalid, illegal, or unenforceable, this will not affect the validity of the remaining terms which will remain in full force and effect.
3. Ceasing to use the Portal, does not affect any provision of these terms which is expressly or by implication intended to continue on in effect.
4. We may transfer our rights and obligations under these terms to another organisation at any time and at our discretion. You may not transfer your rights or obligations to anyone else.
5. No attempt by you to vary these terms will be valid.
6. No one other than you and us may enforce these terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
7. These terms, its subject matter and formation (and any non-contractual disputes or claims), and the use of the Portal and the purchase by you of Stock, are governed by English law. We both agree to the exclusive jurisdiction of the courts of England in respect of any disputes.
Contact us

It is your responsibility to ensure that if you have multiple logins for your personnel that they do not bid against each other for the same Stock. Any Bid placed in error will remain valid in accordance with clause 8.2.
Please note that in particular, we will not be liable for: loss of profits, sales, business, or revenue; business interruption; any loss in connection with any error, omission, defect, Virus or system failure; loss of anticipated savings or investment gains; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
To the extent permitted by law, we exclude all conditions, warranties, representations, guarantees or other terms which may apply to the Portal (or any content on it) together with any Stock, whether express or implied. In addition, we will not be responsible for ensuring that the Stock is suitable for your purposes.
You may not use our name or branding (including any trade mark) in any way without our prior written consent, which may be granted or rejected in our sole discretion.
We reserve the right to withdraw linking permission or the use of our name or branding without notice, and to approve or reject requests for permission at any time at our sole discretion.
If you wish to make any use of content on the Portal other than as set out above, please contact us at [email protected].

The successful Bid will be the highest amount offered for the Stock at the Auction End Time, subject to (i) that amount being equal to or greater than the Reserve Price; and (ii) our right to refuse any Bid.
We will notify you in writing if you are the successful Bidder and you will receive an invoice shortly thereafter which will be payable subject to these terms and any further details contained within the invoice.
The contract for the sale of the Stock to you will be formed at the point that we notify you in writing that we accept your Bid.
We reserve the right withdraw any Stock from an auction, amend any details in respect of the listing of any Stock (including the Reserve Price and the Location) or refuse to accept a Bid at any time. Where we refuse to accept your Bid or any other changes are made as described in this clause 8.7, we will notify you that this is the case.
payment
If you have been notified by us that you are the successful bidder, we will issue you with an invoice for the Purchase Price. You shall pay the invoice in full and in cleared funds within seven (7) days of receipt of the invoice. The invoice will detail the ways in which you can pay us the Purchase Price.
Unless otherwise agreed by us in advance in writing, we will only accept payment from you (and not any third party paying on your behalf).
Removal of the Stock from the Location is at your risk and expense.
You shall be liable to us, and agree to reimburse us on our demand, for any damage you (or your staff or agents) cause including to our property and/or the property of any third party as a result of you (or your staff or agents) removing or attempting to remove the Stock from the Location.
You responsible for all persons that act on your behalf under or in connection with these terms. Any act or default committed by a person acting on your behalf will be considered your act or default for which you will be liable to us.
You will be liable to us, and agree to reimburse us on our demand, for all losses, damages, costs (including legal costs), expenses, actions, penalties and fines that we may suffer or incur or are bought or made against us as a result of your breach of, or failure to comply with these terms, or any negligence or other tortious liability you may incur in connection with these terms (including breach of statutory duty).

If you have any questions regarding these terms of use, please contact us on 0191 256 0795 and ask to speak to a member of the Holiday Home Sales Commercial Team.