Terms of Service

You must be at least 18 years old and able to enter into a binding contract to use Marque. You agree to provide accurate, current information, to keep your login credentials secure, and to be responsible for all activity under your account. You may not use Marque for any unlawful purpose. We may suspend or close accounts that breach these Terms or that we reasonably believe are involved in fraud or misuse.

When you list a vehicle you confirm, and we record, that: you are the legal owner or are authorised to sell it; the vehicle is free of any outstanding finance, loan, or lien; the information and photographs you provide are true, accurate, and complete; and you have honestly represented the vehicle’s condition and disclosed all known faults, damage, and material history. These confirmations (the “Seller Declarations”) are recorded with a timestamp for each listing.

Every listing is reviewed by Marque before it goes live, but that review is not an inspection or a guarantee. Marque does not verify, endorse, or warrant the accuracy of seller content, the condition of any vehicle, or a seller’s title to it. You grant Marque a non-exclusive, worldwide, royalty-free licence to host, display, resize, and use the photographs and descriptions you upload for the purpose of operating and promoting the listing and the platform.

Placing a bid is a binding, irrevocable offer to buy the vehicle at that price if you are the winning bidder. With proxy bidding, you authorise Marque to place bids up to your stated maximum on your behalf, in the minimum increments needed to keep you the highest bidder. Bids placed in the final minutes may extend the auction’s end time (anti-sniping). When an auction ends, the highest bid wins, provided any reserve is met. Reserve prices, where set, are confidential. Do not bid unless you intend and are able to complete the purchase.

If you win, you pay Marque a buyer’s premium of 5% of the winning bid, subject to a minimum of €250 and a maximum of €5,000. The premium is Marque’s fee for the auction service and is separate from the price of the vehicle, which is settled directly between buyer and seller off-platform. The premium is due within 48 hours of the auction ending and is payable through our payment processor.

Because it is a service completed at the close of the auction, the premium is non-refundable once the auction is won, except where required by law. [PLACEHOLDER — confirm VAT treatment with your accountant.]

Marque is a venue that connects buyers and sellers. We are not a party to the sale of any vehicle, do not take possession of vehicles, and do not handle the vehicle purchase price. After the auction, buyer and seller are responsible for arranging payment of the vehicle price, inspection, collection, transfer of ownership, and any taxes or registration. We strongly recommend that buyers inspect a vehicle, in person or through a professional, before completing. Any dispute about the vehicle or the sale is between buyer and seller.

If the buyer’s premium is not paid by the deadline, we may, at our discretion: cancel the win; offer the vehicle to the next-highest bidder or relist it; and suspend or restrict the account. Repeated non-payment or non-completion may result in permanent removal from Marque. Sellers who refuse to complete a sale to a legitimate winning bidder may likewise be suspended.

Nothing in these Terms limits any mandatory statutory rights you have as a consumer under Portuguese or EU law. Certain distance-selling withdrawal rights do not apply to goods sold at public auction or to services that have been fully performed. Where a right of withdrawal would apply to the buyer’s premium as a service, you acknowledge that by paying the premium after winning you request its immediate performance. [PLACEHOLDER — this section in particular should be confirmed by a lawyer familiar with EU consumer and auction law.]

You agree not to: bid without intending to complete; manipulate auctions, including shill bidding on your own listings; post false, misleading, or infringing content; harass other users; or attempt to circumvent Marque to avoid fees. We may remove content and suspend accounts that breach this section.

Marque provides the platform “as is”. To the fullest extent permitted by law, we are not liable for the condition, description, legality, or title of any vehicle; the acts or omissions of buyers or sellers; or any loss arising from a transaction between users. Nothing in these Terms excludes liability that cannot be excluded by law, including for death or personal injury caused by our negligence, or for fraud. Subject to that, our total liability to you in connection with the platform is limited to the buyer’s premium or fees you paid to us in respect of the relevant transaction. [PLACEHOLDER — final limitation wording to be confirmed by a lawyer.]

You may close your account at any time. We may suspend or terminate access if you breach these Terms or where necessary to protect the platform or its users. Provisions that by their nature should survive — including those on fees owed, liability, and governing law — survive termination.

We may update these Terms. If we make material changes we will update the date above and, where appropriate, notify you. Continued use after the changes take effect means you accept the updated Terms.

These Terms are governed by the law of Portugal, without prejudice to any mandatory consumer-protection rights you have in your country of residence within the EU. Disputes are subject to the competent Portuguese courts, subject to any mandatory consumer jurisdiction rules.

Questions about these Terms: marque.portugal@gmail.com (or [PLACEHOLDER — registered address]).