Terms & Conditions

1. General Terms

1.1 Acceptance of Terms

By accessing or using Garideals's platform, website, mobile applications, or any services provided by Garideals (collectively, the "Services"), you agree to be bound by these Terms & Conditions. If you do not agree to these terms, please do not use our Services.

1.2 Eligibility

To use Garideals's Services, you must be at least 18 years of age and possess the legal capacity to enter into binding contracts under Kenyan law. By using our Services, you represent and warrant that you meet these eligibility requirements.

1.3 Account Registration

To access certain features of our Services, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify Garideals immediately of any unauthorized use of your account or any other breach of security.

1.4 Modifications to Terms

Garideals reserves the right to modify these Terms & Conditions at any time. We will provide notice of significant changes by posting the updated terms on our website with a new "Last Updated" date. Your continued use of our Services after such modifications constitutes your acceptance of the revised terms.

2. Auction Rules

2.1 Auction Types

Garideals offers different types of auctions for bank repossessed vehicles. Each auction type has specific rules and procedures:

Open Auctions: Available to all registered users with visible bidding history.
Timed Auctions: Have a specific start and end time, with the highest bid at closing winning.
Reserve Auctions: Include a minimum price set by the seller that must be met for a sale to occur.
Buy Now Auctions: Allow immediate purchase at a fixed price, bypassing the bidding process.

2.2 Bidding Process

All bids are legally binding offers to purchase the vehicle at the bid price. Once placed, bids cannot be retracted except under specific circumstances outlined in section 2.4.

The minimum bid increment is determined by the current bid amount and is displayed during the auction. Garideals's system automatically applies these increments to ensure fair bidding.

2.3 Auction Closing

Auctions close at the specified end time unless extended by last-minute bidding. If a bid is placed within the final 5 minutes of an auction, the closing time will automatically extend by an additional 5 minutes to prevent sniping.

The highest bidder at closing is declared the winner, subject to meeting any reserve price requirements. Garideals will notify the winning bidder via email and through their account dashboard.

2.4 Bid Cancellation

Bids may only be cancelled under the following circumstances:

The seller has significantly changed the vehicle description after the bid was placed.
Technical error in the bidding system verified by Garideals's technical team.
By court order or legal requirement.

To request bid cancellation, contact Garideals customer support within 24 hours of placing the bid.

3. Bidding Requirements

3.1 Registration Verification

Before placing bids, users must complete our verification process, which includes:

Providing valid government-issued identification (National ID, Passport, or Driver's License).
Confirming a valid phone number and email address.
Providing proof of address (utility bill or bank statement from the last 3 months).
Accepting the bidder's agreement and terms of service.

3.2 Bidding Deposit

For auctions with vehicles valued above KES 500,000, bidders must place a refundable deposit of KES 50,000 or 10% of the starting bid (whichever is lower) before placing bids. This deposit will be:

Applied to the purchase price if you win the auction.
Refunded within 3 business days if you do not win the auction.
Forfeited if you win the auction but fail to complete the purchase.

3.3 Bidding Limits

New users have an initial bidding limit of KES 1,000,000 cumulative across all active auctions. This limit increases based on successful transaction history and account standing.

Users may request a bidding limit increase by providing additional financial documentation or increasing their deposit amount.

4. Payment Policies

4.1 Payment Timeline

Winning bidders must complete payment according to the following schedule:

Deposit of 25% of the purchase price within 24 hours of auction closing.
Remaining balance within 7 calendar days of auction closing.
Full payment must be received before vehicle release or document transfer.

Failure to meet these payment deadlines may result in forfeiture of any deposits paid, cancellation of the sale, and potential account restrictions.

4.2 Accepted Payment Methods

Garideals accepts the following payment methods:

Bank transfer to Garideals's designated account.
M-Pesa payments (subject to transaction limits).
Banker's checks payable to Garideals Ltd.
Financing through Garideals's approved financial partners (subject to approval).

Cash payments exceeding KES 100,000 are not accepted for security and compliance reasons.

4.3 Fees and Charges

The following fees apply to all vehicle purchases:

Buyer's Premium: 5% of the final bid price.
Documentation Fee: KES 15,000 for processing ownership transfer.
Inspection Fee: KES 5,000 if requesting additional inspection.
Storage Fee: KES 1,000 per day after the first 7 days following full payment.

All fees are subject to applicable taxes as required by Kenyan law.

5. Vehicle Inspection

5.1 Pre-Auction Inspection

Garideals strongly encourages all potential bidders to physically inspect vehicles before bidding. Inspection opportunities are available at designated locations during specified hours.

To schedule an inspection, users must:

Be registered and verified on the Garideals platform.
Book an inspection slot through their account dashboard at least 24 hours in advance.
Present valid identification matching their account details at the inspection site.

5.2 Inspection Reports

Garideals provides basic inspection reports for all vehicles, which include:

Exterior and interior condition assessment.
Mechanical functionality verification.
Documentation and ownership history review.
Known defects or issues disclosure.

These reports are provided for informational purposes only and do not constitute a warranty or guarantee of vehicle condition.

5.3 Third-Party Inspections

Bidders may arrange for independent third-party inspections at their own expense, subject to the following conditions:

Inspections must be scheduled through Garideals's customer service.
The inspector must be a certified mechanic or authorized inspection service.
Inspections must be completed during normal business hours and supervised by Garideals staff.
No disassembly or invasive testing is permitted without prior written approval.

6. Delivery Terms

6.1 Vehicle Collection

After completing full payment, buyers may collect their vehicles from the designated Garideals location. The following requirements apply:

Presentation of valid identification and proof of payment.
Signing of all transfer documentation and release forms.
Collection within 7 days of payment completion (storage fees apply thereafter).
Inspection and acknowledgment of vehicle condition at the time of collection.

6.2 Delivery Services

Garideals offers vehicle delivery services within Kenya for an additional fee. Delivery options include:

Standard Delivery: Vehicle transported to the buyer's specified location within 3-5 business days.
Express Delivery: Vehicle transported within 24-48 hours (subject to availability and location).
Accompanied Delivery: Vehicle driven to the location by Garideals staff (for operational vehicles only).

Delivery fees are calculated based on distance, vehicle size, and selected service level. A quote will be provided before service confirmation.

6.3 Title Transfer

Garideals facilitates the transfer of vehicle ownership through the following process:

Preparation of all required transfer documentation.
Processing of ownership transfer with the National Transport and Safety Authority (NTSA).
Handling of any outstanding loan clearance documentation.
Provision of new logbook and ownership documents within 14-21 business days.

Buyers are responsible for paying all applicable transfer taxes, registration fees, and stamp duties as required by Kenyan law.

7. Dispute Resolution

7.1 Complaint Procedure

If you experience issues with a vehicle purchase or Garideals's services, please follow this procedure:

Submit a formal complaint through your account dashboard or via email to support@Garideals.co.ke within 48 hours of identifying the issue.
Include all relevant details, including auction/vehicle ID, nature of the complaint, and supporting documentation.
Garideals's customer service team will acknowledge your complaint within 24 hours and begin investigation.
A resolution will be proposed within 7 business days for standard issues or 14 business days for complex matters.

7.2 Mediation

If the complaint procedure does not resolve the dispute to your satisfaction, either party may request mediation through a mutually agreed third-party mediator. The mediation process will be conducted as follows:

Both parties will share the cost of mediation equally.
Mediation will take place in Nairobi, Kenya, unless otherwise agreed.
The mediation process will be confidential.
Any resolution reached through mediation will be documented and binding on both parties.

7.3 Arbitration

If mediation fails to resolve the dispute, the matter will be referred to binding arbitration under the following terms:

Arbitration will be conducted under the rules of the Nairobi Centre for International Arbitration.
A single arbitrator will be appointed by mutual agreement or, failing that, by the Centre.
The arbitration will be conducted in English.
The arbitrator's decision will be final and binding on both parties.
The prevailing party may be awarded reasonable costs and attorney's fees.

8. Legal Disclaimers

8.1 Vehicle Condition

All vehicles are sold "AS IS, WHERE IS" with no warranties, expressed or implied. Garideals makes reasonable efforts to disclose known defects, but:

Does not guarantee the accuracy or completeness of vehicle descriptions.
Is not responsible for undisclosed defects or conditions.
Makes no representations regarding vehicle roadworthiness or suitability for any purpose.
Recommends all buyers conduct thorough inspections before bidding.

8.2 Limitation of Liability

Garideals's liability is limited as follows:

In no event shall Garideals's total liability exceed the amount paid by the buyer for the vehicle in question.
Garideals is not liable for any indirect, consequential, special, incidental, or punitive damages.
Garideals is not responsible for any losses resulting from government actions, natural disasters, or other events beyond our reasonable control.
Claims must be filed within 30 days of vehicle delivery or collection.

8.3 Indemnification

By using Garideals's Services, you agree to indemnify, defend, and hold harmless Garideals, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

Your violation of these Terms & Conditions.
Your use of the Services.
Your violation of any rights of a third party.
Your conduct in connection with the Services.

8.4 Governing Law

These Terms & Conditions are governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law principles. Any disputes arising under or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of Kenya.