Vintage Cruiser Company - Toyota FJ Land Cruiser Restorations - Legal Information

LEGAL INFORMATION

 

TERMS OF SERVICE

The Vintage Company website is comprised of various web pages operated by The Vintage Company ("TVC"). The TVC website is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the TVC website constitutes your agreement to all such terms, conditions, and notices.

TVC reserves the right to change the terms, conditions, and notices under which the TVC website is offered, including but not limited to the charges, if any, associated with the use of the TVC Website.

The TVC Website may contain links to other websites (“Linked Sites”). The website content and the content of the Linked Sites may be owned or contributed by, or relate to, its subsidiaries and related entities (“Group Members”) and third parties. The Linked Sites are not under the control of TVC and TVC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TVC is not responsible for webcasting or any other form of transmission received from any Linked Site. TVC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TVC of the site or any association with its operators.

The TVC website, its content and the content of any Linked Site is comprised of matter (including copyright works and other subject matter) in which various intellectual property rights exist, including without limitation copyright, patents, designs, trademarks, goodwill, rights in computer programs and databases and any other similar rights of a proprietary nature (“Intellectual Property”).

All Intellectual Property in the TVC website, content and any Linked Site (including if it is licensed to us) is the exclusive property of TVC, the Group Member that contributed it to the site or its licensors (as the case may be).

Subject to our right to terminate permission for you to use any Intellectual Property in the TVC website or any content or the Linked Sites, you may use the Intellectual Property only to the extent necessary to enable you to browse the TVC website and Linked Sites for your own personal use. TVC reserves all other right(s) with respect to the Intellectual Property. To be perfectly clear, you may not use the TVC website, the Linked Sites and/or any content from the TVC website or Linked Sites for any commercial purpose. You may not reproduce, publish, communicate, transmit or incorporate into any other document or thing, in whole or any part, any content from the TVC website and/or Linked Sites without prior written permission of TVC and/or the Intellectual Property owner.

Access to the TVC website does not, unless and only to the extent expressly stated otherwise, confer on you any license or other rights in respect of the Intellectual Property in the TVC website and its content.

TVC reserves the right to revoke at any time, with or without cause, your permission to use any copyright, trade mark or any other Intellectual Property in the TVC website and its content.

As a condition of your use of the TVC website, you warrant to TVC that you will not use the TVC website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the TVC Website in any manner which could damage, disable, overburden, or impair the TVC website or otherwise interfere with any other party’s use and enjoyment of the TVC website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the TVC websites.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE TVC WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TVC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE TVC WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE TVC WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

TVC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE TVC WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TVC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TVC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE TVC WEBSITE, WITH THE DELAY OR INABILITY TO USE THE TVC WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE TVC WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE TVC WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TVC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TVC WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TVC WEBSITE.

If you have any questions in relation to our Terms of Use, please email us at tou@vintage4x4.com

The Vintage Company (TVC) is committed to protecting the privacy and information security of all our customers and potential customers. Accordingly, we adhere to the following privacy policy. The purpose of this privacy policy is to tell you what kind of information we may collect about you, how we may use that information, when we may disclose it to another party, and the choices you have regarding our use of and your ability to correct this information.

Personal information held by TVC includes information, which you may provide us including your name, address, telephone number and email address. We also hold the details of the goods and services you have requested from us. We also maintain records of your correspondence to TVC.

TVC may passively collect information about your visits to our website through technologies such as cookies, internet tags, web beacons and navigational collection (including pages visited, the links you click and other action that you have performed in relation to TVC’s website, IP address, browser type, language of the platform and browser, access time and referring website address).

TVC collects personal information in a number of ways:

  • When you provide information by form and completion of applications by post or email;
  • When you provide us with your personal information in an email or through a telephone call with us (including but not limited to when you call us with respect to a quote);
  • When you submit your personal information through our website (including when requesting further information, leaving feedback, requesting a quote, registering interest in an event, or completing surveys);
  • TVC collects information directly from you and uses “cookies” to enable our website to store your preferences to our services and to help personalize your online experience. Cookies contain information that can later be read by a web server in the domain that issued the cookie to you;
  • When you register to be a member of TVC’s group at TVC’s social network sites or similar sites, or post any personal information on such sites.

Your personal information may be used for the following primary purposes:

  • to verify your identity;
  • to provide you with the services you have requested;
  • to administer and manage those services including charging for the goods and services provided;
  • to contact you in relation to your query, feedback, registration and/or our services;
  • to identify you and list you as a TVC Group member of any of our social network sites;
  • to process any payment by you to us in accordance with your directions;
  • to contact you with our promotional information;
  • to provide our affiliated businesses with your details;
  • for internal training purposes;
  • to develop and improve our products and services; and
  • to respond to any received inquiries and any received requests for service or information.

We may also disclose your personal information if it is required by an authorized agency under law.

We may retain contact information so that we can send important information about our products and services, and future offers. If you do not wish to receive information about further offers from TVC, please advise us in writing.

We will not sell information about our customers or potential customers to any third parties without your prior permission.

In order to deliver the services you require, we may disclose your personal information to organizations outside of TVC such as externally contracted information technology service companies, our professional advisers (e.g. lawyers, accountants and auditors), government and regulatory authorities, our related body corporate and any third parties carrying out our functions (e.g. billing, debt recovery functions, consultant research for installation demographics information, and utilities companies).

Your personal information will be disclosed to these organizations only in relation to the primary purposes set out above and where the receiving organization complies with equivalent privacy standards. These organizations may contact you directly in relation to your enquiry.

We take all reasonable precautions to ensure that the personal information we collect, use and disclose is accurate, complete, up-to-date and is kept secure. However, the accuracy of that information depends to a large extent on the information you provide. Please let us know if there are any errors in your personal information and keep us up to date with changes to your personal information such as your name, address and telephone details.

If changes to the company’s privacy policy are made (e.g. due to changes to privacy laws, regulations and standards) such as the way the company collects and uses information the policy statement on the website will be updated accordingly.

If you have any questions in relation to privacy, please email us at privacy@vintage4x4.com

The Vintage Company accepts cash in person, certified bank drafts from major US banks, or wire transfers. We do NOT currently offer financing so you should have the means to pay for the Vintage Cruiser™ before restoration begins. Payment must be received in full before vehicle is processed and shipped to Buyer.

Unless otherwise indicated in the sales contract, Buyer is responsible for all shipping costs. A flat rate of US$1750 will be charged and added to the purchase price of the Vintage Cruiser™ to cover the shipping costs from Costa Rica to Miami. Buyer can then arrange to have the Vintage Cruiser™ shipped to its final destination once cleared by U.S. Customs. Buyer is also responsible for all shipping costs within the USA. We are more than happy to assist with the recommendation of a reputable and economical shipper within the USA. However, Buyer is under no obligation to use one of our recommended shipper(s). Buyer further agrees and understands that said recommendation(s) DOES NOT constitute and endorsement by The Vintage Company insofar as any of the services and/or the reliability of the recommended shipping company, and Buyer assumes full responsibility for any and all transaction(s) between such. Shipping costs, within the USA, usually range between US$350-US$1750, but shipping charges may vary depending on the ultimate destination.

It is further agreed that Buyer assumes full liability for the Vintage Cruiser™ upon payment of the deposit. It is strongly advised that Buyer secure transit insurance in the amount equal to or greater than the purchase price of the Vintage Cruiser™ in order to cover the Vintage Cruiser™ against theft and/or loss during the entire journey from Costa Rica to Buyer’s ultimate destination. Shipping insurance to insure the Vintage Cruiser™ is provided by The Vintage Company and/or its authorized agent(s) ONLY during transit between the shipping warehouse in Costa Rica and the port of Miami, and is already included as part of the “administrative and documentation fees” as outlined under the “Fees and Taxes” section of this agreement. The Buyer should secure coverage for all other portions (legs) of the journey.

We have done our best to describe every Vintage Cruiser™ as accurately as possible and have disclosed all of the information known to us about every Vintage Cruiser.™ However, we do realize that tastes and descriptions are highly subjective, so we do encourage each and every Buyer to fully inspect the Vintage Cruiser™ before taking delivery, either in person, or via an agent (mechanic, appraisal service, etc.). Please make arrangements for the inspection(s) prior to accepting delivery. All inspection expenses, if any, are the responsibility of the buyer and are in addition to the final agreed upon price.

There is no warranty expressed or implied, and the vehicle(s) herein is/are sold in “AS-IS” condition unless otherwise noted in the vehicle description.

Buyer(s) are also responsible for all applicable state and local tax, title and license fees in both Florida (initial title work), if applicable, and/or the Buyer(s) home state (title transfer), and these fees are in addition to the final agreed upon price. Buyer(s) will also be charged an additional administrative, insurance and documentation fee of US$750, which will be added to the final agreed upon price, to cover the Costa Rican DMV transfer and notary fees, import documentation costs and limited transit insurance coverage pursuant to the “Liability” section of this agreement. All incoming and outgoing wire transfer fees and courier costs are also the sole responsibility of the buyer and are in addition to the final agreed upon price.

Our vehicle(s) are also listed locally and with other search engines, we therefore reserve the right to take them off the market at any time if the vehicle is sold or otherwise becomes unavailable before the vehicle is paid in full.

We will be happy to communicate through telephone, email or the eBay message system, if applicable, so please feel free to ask any questions you may have using any of these methods. We will do our best to respond to your questions within 24hrs, but often respond within minutes. If there is anything you are not sure about, please ask before you make an offer and/or execute a restoration contract. Once a bid/best offer is placed and/or accepted, and/or a restoration contract has been duly executed by both parties, the Buyer can not retract his/her bid/best offer and/or cancel the restoration contract on the grounds that something was not clear in the listing description and/or the terms and conditions of the restoration contract.

This Agreement shall be governed by and construed in accordance with the laws of Costa Rica, without regard to the principles of conflicts of laws.

The parties acknowledge that all of the negotiations, anticipated performance and execution of this Agreement have occurred and/or shall occur in Costa Rica, and that, therefore the Parties agree that any action and/or proceeding arising out of or related to this contract shall be instituted ONLY in the First Chamber of the Supreme Court (the First Chamber) of Costa Rica. Each Party consents and submits to the jurisdiction of such court(s) and agrees that venue therein shall be proper and convenient. In any such action or proceeding in such court(s), each Party waives any right to raise any objection based upon improper venue, lack of jurisdiction, or inconvenient forum. In connection with any such action or proceeding, each Party consents to personal jurisdiction of such court(s) and agrees service of process may be effected by United States mail.

Except as otherwise expressly provided in this contract, all claims, controversies or disputes arising out of or related to this contract, or any breach thereof, shall be resolved by binding arbitration in the First Chamber of the Supreme Court (the First Chamber) of Costa Rica, as provided herein, and arbitration shall be heard before a single arbitrator mutually selected by the parties pursuant to the Law on International Commercial Arbitration of 25 May 2011 (International Arbitration Law or Law 8937) rules and procedures. The arbitrator(s) shall strictly enforce all provisions of this contract except to the extent applicable law requires otherwise. The arbitrator(s) shall have no authority to grant either Party punitive, exemplary, consequential or other special damages of any kind. Judgment upon the award of the arbitrator(s) may be entered in any court of competent jurisdiction

If Buyer breaches his/her obligation to complete this transaction by not paying the full balance of the purchase price of the vehicle, including any and all additional charges which are to be added the winning bid/best offer, if applicable, and/or for any other reason pursuant to the terms and conditions provided for in this contract, Buyer shall pay Seller the sum of $5,000.00 as liquidated damages. The aforementioned liquidated damages sum is in addition to any deposit required by Seller upon the close of an auction, if applicable, and/or the execution of a restoration contract. The parties agree that since the restoration of old vehicles is a costly and time consuming enterprise, which requires a positive cash-flow in order to complete the vehicles on time and on budget, that quantifying losses arising from Buyer’s breach of this contract is inherently difficult insofar as a breach may impact the Seller’s reputation and/or Seller’s ability to continue to deliver the highest quality restoration(s) to its customers, and further stipulate that the agreed upon sum is not a penalty, but rather a reasonable measure of damages, based upon the Seller’s experience in the vehicle restoration business and given the nature of the losses that may result from such a breach. In the event the liquidated damages clause set forth herein is found to be penal in nature because it gives the aggrieved party the option to invoke it, the parties agree that the liquidated damages provision shall apply and the option shall be null and void.

In any action, proceeding, or arbitration pursuant to this contract, the court or the arbitration panel, as applicable (the “tribunal”), shall award to the prevailing Party all of such Party’s costs related to the controversy (including without limitation attorneys’ fees and out-of-pocket expenses). Where each Party prevails in part, the tribunal shall award to each Party that part of its costs which the tribunal deems allocable to those issues as to which such Party prevailed.

Except as set forth below, neither Party shall bring any action or institute any proceeding related, directly or indirectly, to this contract more than three (3) months after the Party initiating the action or proceeding knew (or reasonably should have known) of the essential facts giving rise to the underlying cause of action or more than one-hundred and twenty (120) days from the initial purchase, whichever comes first.

This contract is an integrated agreement and (including without limitation subsequently effective Ancillary Documents) constitutes the entire Agreement between the Parties with respect to the subject matter hereof, and supersedes and replaces any and all prior agreements or arrangements between the Parties, whether oral or written. Furthermore, each of the Parties acknowledges that no other party, nor any agent or attorney of any other party, has made any promise, representation, or warranty whatsoever, and acknowledges that the Party has not executed or authorized the execution of this Agreement in reliance upon any such promise, representation or warranty, that is not expressly contained herein. This agreement is subject to the parol evidence rule.

Each Party and/or their attorneys have participated fully in the review and acceptance of this contract. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply with respect to this contract.

The failure of either Party hereto to insist upon strict performance of any of the terms or condition of this contract shall not be deemed to be a waiver of any rights or remedies of such Party in respect of any other provision hereof or in respect of any subsequent breach or default under such term or condition.

No amendment or variation to this contract will operate to change or vary the terms, obligations or conditions hereof except upon mutual agreement by both parties signed by an authorized representative of each party.

In the event that any provision(s) of this contract is/are determined to be invalid and/or unenforceable by a court of competent jurisdiction, in any such jurisdiction, the remainder of the contract will remain in full force and effect without said provision in said jurisdiction and such determination will not affect the validity or enforceability of such provision or the contract in any other jurisdiction.

Either party shall not be liable to the other party for failure or delay in performance of any of its obligations under this contract for the time and to the extent such failure or delay is caused by riot, civil commotions, wars, hostilities between nations, governmental laws, orders or regulations, embargoes, actions by the government or any agency thereof, Acts of God, storms, earthquakes, fires, accidents, sabotages, explosions, or other similar or different contingencies beyond its reasonable control of the respective parties. The Party suffering such inability to perform shall give a written notification to the other Party within 10 days after the occurrence of the event, and use its best efforts to remedy and remove such cause

This contract shall be binding upon, and inure to the benefit of, both Parties and its successors and assigns; provided, however, that neither this contract nor any right or obligations hereunder shall be assignable or transferable by the Parties herein without a written consent of the other Party, and any assignment or delegation which is not consented by the other Party shall be null, void, and without effect. Nothing contained in this Agreement, expressed or implied, shall be deemed to confer any right or remedy upon either Party against, or obligate either Party to, any person or entity other than the Parties hereto.

The complete satisfaction of your purchase is our top priority. We therefore guarantee that the vehicle that you purchase from us is exactly as described in the listing or your money back (less any shipping, administrative, and export/importation fees). This provision only applies to vehicles which have been purchased “sight unseen” and DOES NOT APPLY TO VEHICLES WHICH HAVE BEEN CUSTOMIZED AT THE REQUEST OF THE BUYER WHETHER OR NOT PURCHASED “SIGHT UNSEEN.” Winning bidder shall have 48hrs from the time he/she takes possession or 25 additional miles on the odometer, which ever comes first, to inspect the vehicle and to contact us about canceling the deal. However, should the Buyer choose to cancel the deal, he/she will be considered in breach of this contract and the Buyer shall remain responsible for the initial cost(s) of shipping the vehicle from Costa Rica to Miami, Florida, and for any and all additional shipping costs within the USA, and for any and all return shipping costs to Costa Rica, any and all administrative, and/or importation fees, taxes and duties both to initially export and import the vehicle into the USA from Costa Rica and to re-export and re-import the vehicle from the USA to Costa Rica. The purchaser shall also be responsible for any and all damage that occurs to the vehicle until the vehicle is returned and has been physically delivered and received by The Vintage Company. Once again, we want you to be 100% satisfied with your purchase!

Should this contact be executed in two (2) copies, both shall have equal force and effect, in the English language. This Agreement may be translated into other languages for the sake of convenience. The English language version shall be the controlling document and in the event of any difference, discrepancy or conflict between the English and any other version of this contract, the English version shall be controlling in all respects. And the language to be used in rendering any and all documents provided under this contract shall be English.

This contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) instrument. Delivery of an executed counterpart of this contract via facsimile or portable document format shall be effective as delivery of a manually executed counterpart of this contract.

By bidding and/or clicking on the “Buy it Now” button of this auction, if applicable, and/or if you electronically acquiesce to the terms and conditions of this contract, you and the registered owner of the eBay and/or electronic account used to participate in this auction and/or restoration contract, is/are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Contract and you unequivocally consent to be legally bound by the terms and conditions of this Contract. You further agree that your use of a key pad, mouse or any other device to select an item, button, icon or similar act/action, or to otherwise provide The Vintage Company instructions via the eBay and/or any other website, or in accessing or making any transaction regarding any contract, acknowledgement, consent terms, disclosures or conditions constitutes your signature (hereafter referred to as "E-Signature"), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and The Vintage Company. You also represent that you are authorized to enter into this Agreement for all person(s) who own or are authorized to access any of your eBay and/or any other electronic accounts, and that such person(s) will be bound by the terms of this Contract. You further agree that each use of your E-Signature in connection with this and/or any other eBay auction and/or restoration contract that you participate in, that is brought to you by The Vintage Company, constitutes your agreement to be bound by the terms and conditions of this Contract as they exist on the date and time of your E-Signature.

The Parties agree that, except with the prior written permission of the other party, it shall at all times hold in confidence and trust and not use or disclose the terms of this contract. Notwithstanding the foregoing, the Parties each may disclose the terms of this contract: (a) as required by any court or other governmental body, provided that each Party provides the other party with prompt notice of such court order or requirement to enable the other party to seek a protective order or otherwise to prevent or restrict such disclosure; (b) to legal counsel or the financial advisor of of the Parties; (c) in connection with the enforcement of this contract or rights under this contract; or (d) to comply with applicable law. The provisions of this section shall survive the termination of this contract.

If you have any questions in relation to our Terms of Purchase, please email us at tos@vintage4x4.com

THANK YOU!

One of our Vintage CruiserTM specialists will be in touch within 48 hours!

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