Terms and Conditions

Please read these terms carefully before using our services

Last Updated: January 2025

1. Introduction

Welcome to Gearshift Auto Gallery ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of our website located at your-domain.com (the "Site") and all related services. By accessing or using our Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site. Your continued use of the Site following any changes constitutes acceptance of those changes.

2. Definitions

  • "User," "You," "Your" refers to any individual or entity accessing our Site.
  • "Content" means all text, images, videos, data, and materials on the Site.
  • "Services" includes vehicle sales, listings, inquiries, and related automotive services.
  • "Vehicle Information" refers to specifications, pricing, and details provided for vehicles listed on our Site.

3. Use of Site

3.1 Eligibility

You must be at least 18 years old to use our Services. By using the Site, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

3.2 License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes in accordance with these Terms. This license does not include any resale or commercial use of the Site or its Content.

3.3 Account Registration

Certain features may require account registration. You agree to provide accurate, current, and complete information and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and all activities under your account.

4. Vehicle Information and Transactions

4.1 Accuracy of Information

While we strive to provide accurate vehicle information, specifications, prices, and availability are subject to change without notice. We do not warrant that vehicle descriptions, pricing, or other Content is accurate, complete, or error-free. All vehicle sales are subject to availability and confirmation.

4.2 Pricing and Payment

All prices displayed are in Croatian Kuna (HRK) or Euro (EUR) unless otherwise stated. Prices do not include taxes, registration fees, documentation fees, or other applicable charges unless explicitly stated. Payment terms will be provided during the transaction process.

4.3 Vehicle Inspection

We encourage all potential buyers to inspect vehicles in person or arrange for professional inspection before purchase. Vehicle conditions may vary from descriptions or photographs. All sales are final unless otherwise agreed in writing.

5. Prohibited Uses

You agree not to use the Site for any unlawful purpose or in any way that could damage, disable, or impair the Site. Prohibited activities include, but are not limited to:

  • Violating any applicable laws or regulations
  • Infringing on intellectual property rights of others
  • Transmitting viruses, malware, or harmful code
  • Attempting to gain unauthorized access to our systems
  • Scraping, data mining, or harvesting Content without permission
  • Impersonating any person or entity
  • Interfering with or disrupting the Site's functionality
  • Using automated systems or bots without authorization
  • Posting false, misleading, or fraudulent information
  • Harassing, threatening, or abusing other users or our staff

6. Intellectual Property Rights

6.1 Ownership

All Content on the Site, including but not limited to text, graphics, logos, images, videos, software, and compilation thereof, is the property of Gearshift Auto Gallery or its content suppliers and is protected by Croatian and international copyright, trademark, and other intellectual property laws.

6.2 Trademarks

Gearshift Auto Gallery and all related logos are trademarks or registered trademarks of our company. Vehicle manufacturer names, logos, and model designations are trademarks of their respective owners. Use of these trademarks without permission is strictly prohibited.

6.3 Restrictions

You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any Content from our Site without prior written consent, except for personal, non-commercial viewing purposes.

7. User-Generated Content

If you submit reviews, comments, inquiries, or other content to the Site, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, and display such content. You represent that you own or have necessary rights to submit such content and that it does not violate any third-party rights or applicable laws.

We reserve the right to remove any user content that violates these Terms or is otherwise objectionable at our sole discretion.

8. Disclaimer of Warranties

THE SITE AND ALL CONTENT, SERVICES, AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability and fitness for a particular purpose
  • Warranties regarding accuracy, reliability, or completeness of Content
  • Warranties that the Site will be uninterrupted, secure, or error-free
  • Warranties regarding vehicle condition, performance, or suitability

No advice or information obtained from us or through the Site shall create any warranty not expressly stated herein.

9. Limitation of Liability

9.1 General Limitation

TO THE MAXIMUM EXTENT PERMITTED BY CROATIAN LAW, GEARSHIFT AUTO GALLERY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE.

9.2 Maximum Liability

Our total liability to you for all claims arising from or related to the Site shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or €100, whichever is greater.

9.3 Exceptions

Some jurisdictions do not allow limitation of liability for certain damages. In such jurisdictions, our liability shall be limited to the fullest extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Gearshift Auto Gallery and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Site or Services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any content you submit or transmit through the Site

11. Third-Party Links and Services

The Site may contain links to third-party websites or services not owned or controlled by Gearshift Auto Gallery. We have no control over and assume no responsibility for the content, privacy policies, or practices of third-party sites. Your use of third-party sites is at your own risk and subject to their terms and conditions.

12. Privacy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data collection and use practices.

13. Termination

13.1 Termination by Us

We reserve the right to suspend or terminate your access to the Site immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms. Upon termination, your right to use the Site will cease immediately.

13.2 Effect of Termination

All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

14. Governing Law and Jurisdiction

14.1 Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Croatia, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

14.2 Jurisdiction

Any disputes arising from or relating to these Terms or your use of the Site shall be subject to the exclusive jurisdiction of the courts located in Croatia. You consent to personal jurisdiction in such courts and waive any objection to venue.

15. Dispute Resolution

15.1 Informal Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the parties agree to first attempt to resolve the dispute informally by contacting us directly. We will attempt to resolve disputes in good faith.

15.2 Arbitration

If informal resolution is unsuccessful within 30 days, disputes may be resolved through binding arbitration in accordance with Croatian arbitration rules. Each party shall bear its own costs of arbitration unless otherwise awarded by the arbitrator.

15.3 Class Action Waiver

You agree that disputes will be resolved on an individual basis and waive any right to participate in class actions or representative proceedings.

16. Miscellaneous Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Gearshift Auto Gallery regarding the use of the Site and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section shall be null and void.

16.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, natural disasters, or government actions.

16.6 Language

These Terms may be translated into other languages for convenience. In the event of conflict, the English version shall prevail.

17. Contact Information

If you have questions about these Terms, please contact us:

Gearshift Auto Gallery

Email: [email protected]

Phone: +385 XX XXX XXXX

Address: [Your Business Address], Croatia

18. Acknowledgment

BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SITE.

These Terms and Conditions are effective as of January 1, 2025.

Questions About Our Terms?

Our team is here to help clarify any questions you may have about our terms and conditions.

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