SMG - Setanta Motor Group

Legal

Terms and conditions

1. Who we are

CeartIQ LTD, T/A Setanta Motors.

Registered address: Palace Anne Mill, Enniskeane, Cork.

2. About our terms

Read these terms carefully before using the website or auction platform. By accessing or using the site, or otherwise indicating your consent, you agree to be legally bound by these terms and conditions. If you do not agree with any of these terms, you should stop using the site immediately.

We may amend these Terms and Conditions from time to time by posting an updated version on the Site. The updated version becomes effective once posted. Please check these Terms each time you use the Site, so you understand what applies at that time. Continued use of our Services after any amendment constitutes acceptance of the amended Terms.

If you have any questions about these Terms, contact us at info@setantamotors.ie.

What we do. The Site lets you browse and bid on vehicles we have listed for sale.

What we do not do. We do not list vehicles belonging to third parties, and we do not allow third parties to list directly to the site — every vehicle on Setanta Auctions is our own stock.

3. Definitions

Setanta / we / us / our
CeartIQ LTD, trading as Setanta Motors, operating the Setanta Auctions platform.
Website
auctions.setantamotors.ie and all elements, activities and processes associated with the site and auction platform.
Users
Visitors and anyone who registers for, accesses, or uses the website or services at any time.
You
A user of the site or services.
Buyer
A user who has agreed to purchase a vehicle from Setanta.
Platform
The software that makes up the Setanta Auctions service.
Auction
The online bidding process run on the platform.
Lot
Any vehicle listed for sale by auction on the platform.
Bid
A buyer's legally binding offer to purchase a vehicle via the platform.
Purchase Price
The amount of the highest bid on a vehicle when the auction ends.
Reserve
The confidential minimum price we are willing to accept for a vehicle.
Service
The platform and any other facilities connected with the Setanta Auctions website.
As is / in its present condition
A vehicle is offered with all flaws and imperfections disclosed in its listing, unless we say otherwise.
Content
Any text, image, video, audio or other material submitted to or appearing on the platform.

4. Contract

Setanta lists its own vehicles for sale on this platform. We are always the seller, and we are the party to the sale contract with the buyer. We hold title to every vehicle listed.

You are solely responsible for all costs and expenses you incur through your use of the site.

5. Suspension

We may prevent or suspend your access to the site if you do not comply with these terms, any policy they refer to, or any applicable law. We may disable a user's login, whether chosen by you or allocated by us, at any time if in our reasonable opinion you have failed to comply with these terms.

6. Using the site, you agree

Not to do anything unlawful or harmful.

Not to distribute viruses, malware or similar harmful code via the site.

Not to access our servers or other equipment to disrupt, impair, overload or otherwise compromise the service.

Not to use the site to promote unsolicited advertising or send spam.

Not to harvest information from the site.

We monitor IP addresses and bidding activity, and may withdraw service or access at our sole discretion if abuse is suspected.

Not to use or harvest other users' data in a way they would object to.

Not to abuse, harass, threaten, stalk, or behave in any way incompatible with common decency.

Not to denigrate or be unreasonably critical of any vehicle or other user of the site.

Not to engage in, encourage, or facilitate illegal activity, or activity that could be illegal.

Not to post content intended, knowingly or otherwise, to mislead other users or third parties.

Not to impersonate another user, third party, individual or organisation.

7. Your account with us

You must be at least 18.

You must register to use the site.

You will need to provide at least:

  • Email
  • Phone number

Information you submit to us, including when creating an account, must be truthful, accurate and not misleading.

8. Buyer's undertaking

No fees are due from the buyer to Setanta, except where the sale is not completed because of the buyer's breach of these Terms.

9. Shortfall payment

If a vehicle fails to meet its reserve, we may, at our sole discretion, choose to make up any shortfall ourselves and complete the sale.

10. Vehicle description

We confirm the description of each vehicle is accurate and not misleading, and we will note any material change to a vehicle's condition promptly.

We carry out verification checks, including vehicle history and NCT status, but we are not liable for any error or omission in a listing's description.

Photographs and video help show each vehicle, but screen and lighting differences mean colour and finish may look slightly different in person — the written description is the definitive record of a vehicle's condition.

We may amend a listing's description or estimate at our discretion, by notice given in writing, before or during an auction.

11. Bidding for a vehicle

If you are bidding on a vehicle, you confirm the following:

It is your responsibility to arrange an inspection of any vehicle you intend to bid on.

We may promote auctions via social media; it is your responsibility to check the make, model and description on the vehicle's own listing page before bidding, rather than relying on a social post alone.

You will check and confirm the accuracy of your bids before submitting them.

You understand and agree that every bid you place is a legally binding obligation.

By entering an amount into the bid box, the system takes the highest bid entered as an immediate, binding bid, in the increments set for that lot.

Once accepted by the system, a bid cannot be withdrawn.

You are entering an irreversible contract to purchase the vehicle if you are the winning bidder.

The site uses anti-sniping software to keep bidding fair: a bid received in the closing seconds extends the auction by a further period, repeated for each subsequent late bid. You cannot withdraw a winning bid under any circumstances.

If your bid wins, you will pay for the vehicle within 7 days unless otherwise agreed with us in writing.

If the deposit charge to your card succeeds but you fail to complete the purchase within that time, you forfeit the €500 deposit. If the deposit charge fails for any reason, you agree to pay us €500 within the same 7 days instead.

For each business day beyond that 7-day period that the purchase remains incomplete, you agree to pay us a further €100, accruing daily until the purchase is completed or we relist the vehicle.

You will independently satisfy yourself as to the description, ownership, value, condition, authenticity and quality of the vehicle before bidding.

You are responsible for shipping and/or delivery costs associated with the vehicle, including taxes, fees and any other related costs.

If a buyer fails to complete a sale, we will endeavour to sell the lot to the next-highest bidder.

You warrant that funds used for your purchase have no link to criminal activity, including money laundering, tax evasion or terrorist financing.

Bid manipulation

You will not manipulate the bidding process or price of any vehicle.

You will not act in concert with others to manipulate the price of any vehicle.

You will not place false bids or engage in any other activity designed to distort, disrupt or manipulate the auction process.

Withdrawal of bids or vehicles

We may, at our sole discretion, remove a bid made by a buyer.

We have the right, at our absolute discretion, to withdraw any vehicle from sale. We are not required to give a reason, and there is no appeal process.

12. Collecting the vehicle

Unless otherwise agreed with us in writing, you must arrange collection within seven calendar days of the auction ending. We will release the vehicle once we have received cleared funds for the full Purchase Price. You collect and remove the vehicle at your own expense. We will keep the vehicle insured until the agreed collection point; from collection onward, you are wholly responsible for its transport, handling and insurance.

13. Disputes relating to a sale

Any dispute about a sale or a vehicle's condition should first be raised with us directly at info@setantamotors.ie.

14. Your privacy and personal information

The General Data Protection Regulation gives you certain rights over your personal data. If you have any question, contact us at info@setantamotors.ie.

Payment information you supply to Stripe is not within our control and is subject to Stripe's own privacy policy and terms, available on their website.

Submitting information to the site

While we use best endeavours to keep the platform secure, we cannot guarantee the security of information you supply to us, and so cannot guarantee it will remain confidential.

15. Ownership, use and intellectual property rights

When you upload or submit content to the site, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, modify, distribute and display it in connection with the service, across any media, for the purposes of operating, marketing and promoting the site. You confirm you own or otherwise control the rights to any content you submit.

The website and all intellectual property in it, including its Content, is owned by us, our licensors, or both. Intellectual property rights include copyright, trademarks, domain names, design rights, database rights, patents and any other such rights, registered or not, anywhere in the world. We and our licensors reserve all our rights in that intellectual property.

Nothing in these Terms grants you any legal right in the website beyond what is necessary to access it. You agree not to attempt to circumvent or remove any notice, digital rights mechanism, or other security technology embedded in the website.

Accuracy of information and availability of the platform

While we try to keep the platform accurate, up to date and free of bugs, we cannot promise that it always will be.

Any news, articles, technical data, buying guides or similar content on the site are for general information only, to keep you informed about us and our services. They do not constitute technical, financial or legal advice and should not be relied on as such.

16. Limitation of liability

Except where required by law, Setanta is not liable to you for damages of any kind — direct, indirect, special, incidental or consequential — arising from your use of the platform or purchase of a vehicle, including loss of goodwill or business interruption.

17. Indemnity

You agree to indemnify and hold Setanta, our affiliates, and our officers, employees and agents harmless from any claim, liability, cost or expense (including reasonable legal fees) arising from: your use of or reliance on the platform; your purchase of a vehicle via the platform; content you submit through the platform; or your breach of these Terms or of the law, including infringement of any intellectual property right. We will notify you promptly of any such claim. We may, at our own expense, take exclusive control of the defence of any matter otherwise subject to your indemnification, and you agree to cooperate with that defence. You will not settle any such claim without our prior written approval.

18. The sale contract

The contract for sale is between CeartIQ LTD (trading as Setanta Motors) and the buyer.

As a buyer, you have the opportunity to inspect a vehicle, or have it inspected on your behalf, before bidding. If you are at all unsure, you should not bid; bidding without inspecting is done entirely at your own risk.

We aim to give bidders as much information about each vehicle as possible — clear photography, honest description of flaws, and video where useful — so you can make an informed decision before bidding.

19. Third-party links

We may link to external, third-party websites for your convenience. Any link you follow is at your own risk, and we accept no liability for linked sites or their content.

20. Variation

No change to these terms is valid unless agreed by us in writing. We reserve the right to vary these terms from time to time. It is your responsibility to check these Terms periodically for changes.

21. Jurisdiction and applicable law

Republic of Ireland