Carabia User Agreement

Last updated: 3^rd March 2025

1.      Definitions

For the purposes of this User Agreement, the following definitions apply:

a)      “Auction”: The process through which a Buyer can submit the highest bid on a vehicle in order to acquire the contact information of the Seller. This enables the Buyer the right to purchase the vehicle at the agreed price. Winning the Auction does not constitute the transfer of ownership or possession of the vehicle.

b)      “Auction Period”: the period over which the auction is held where potential buyers can make bids on a listed vehicle.  Auction periods may vary in length and will be agreed in advance between the Seller and Carabia.

c)      "Buyer" (or “Bidder”): A user who is interested in purchasing, has made an offer or has placed a bid on a vehicle which is advertised on the Carabia platform.

d)      “Buy Now”: The process through which a Buyer can acquire the contact information of the Seller of a vehicle at the listing price, or through making an offer. Doing so enables the Buyer the right to purchase the vehicle at the agreed price. Confirmation received after acquiring the contact information at the listing price or through making an offer does not constitute the transfer of ownership or possession of the vehicle.

e)      “Carabia Commission”: the commission payment due to Carabia in accordance with these Terms and Conditions.

f)       “Live Auction”: The period constitutes the period where Buyers can place bids on the listing, and where the listing has an active timer which counts in reverse and specifies the time and date at which further bids will no longer be accepted.

g)      “Our Website”, “Website”, “Site” (or “Platform”): refers to https://carabiacars.com.

h)      "Seller": A user who advertises a vehicle for sale using the Carabia platform.

i)        "User": Any individual or entity that accesses or uses the Carabia platform.

j)        “We”, “Our”, “Us”, "Carabia": refers to Carabia LLC-FZ.

2.      User Agreement (the “Agreement”)

2.1  Carabia L.L.C-FZ maintains the https://carabiacars.com Website. Carabia is an online platform which helps facilitate the sale and purchase of quality used cars between private Buyers and Sellers. By using the Platform, Users agree to this User Agreement. If you do not agree with the Agreement, then you should not use the Website or transact with Sellers or Buyers as the case may be.  

2.2  To access the Website, Users must be at least 18 years of age. If you are under the age of 18 you should not use the Website and must not register or transact on it.

2.3  Users are responsible for maintaining the confidentiality of their accounts, and should not share or distribute log in information, including verification codes, or any other sensitive material with anyone.

2.4  We will not trade with or provide any services to OFAC and sanctioned countries. By using our services, you confirm that you are not located in, or affiliated with, any such sanctioned country or region. Any violation of this User Agreement may result in immediate account suspension or termination.

3.      Scope of Services

3.1  Carabia facilitates the sale of quality used vehicles by connecting Buyers and Sellers with each another. Sellers can use our Website to advertise a vehicle, and Buyers can use our Website to view vehicles, information and ultimately acquire the contact information of the respective Sellers. Our services are complete once we have introduced the Users following a successful sale.

3.2  To make the entire process as transparent as possible, we partner with other non-affiliated businesses to collect and display valuable information on vehicles listed on our Platform. Services include carrying out vehicle inspections and performing vehicle history checks. We also work with other business to enhance your buying or selling experience, and these can be found by viewing our ‘Services’ page. Optional services which can be utilised via our partners include access to vehicle financing as well as transportation support from our logistics partners. We encourage Users to familiarise themselves with the Terms and Conditions of these businesses before making use of their services. Carabia take no responsibility for any loss or damage which may arise from the use of such services.  The listing of a business is not intended as an endorsement of their services.

4.      Seller Rights and Obligations

4.1  Sellers must:

a)      Provide accurate, up-to-date information about the vehicle on the initial submissions form. For a submission to be successful, the seller must ensure that the vehicle meets our listing requirements, which includes vehicle condition and seller information checks. More information regarding these requirements can be found on our Website.

b)      Review the listing information, which will be sent by Carabia for final confirmation before the vehicle is listed on the Website. Listing information will be prepared based on all information provided by the Seller and Sellers warrant the accuracy of that information. The Seller must immediately notify Carabia of any inaccuracies regarding the listing information when it is provided to them. If the Seller does not correct any information upon receipt of the listing information, Carabia will assume that the information is accurate.

c)      Inform Carabia of any changes or errors concerning the vehicle's condition, description or history after it has been listed on our Platform.

d)      Immediately notify Carabia of their intent to remove their vehicle from the Website should they no longer wish to sell it and are able to do so pursuant to this Agreement.

4.2  To maintain the integrity of the platform, Sellers agree:

a)      Not to list their vehicles on any other platforms while listing on Carabia;

b)      Not to sell their vehicles in any private deal with a Buyer (for example, following a physical inspection of the vehicle). The Seller acknowledges that they will be jointly and severally liable with the Buyer to pay the Carabia Commission that would otherwise have been due to Carabia as a result of any sale.

c)      To list with Carabia for a minimum term, specified below for the respective selling options;

o   Fixed Price listings – Sellers agree to list their car exclusively for a minimum term of 1 week (168 hours). Following this period, Sellers may wish to list their car with other platforms. Before doing so, Sellers must notify Carabia in writing via email/WhatsApp, and their listing will be removed from our website immediately. Sellers should only advertise elsewhere once they have received a confirmation of removal via email. They should allow up to 12 hours for this to be issued.

o   Auction listings – Sellers must be committed for the duration of the Auction Period and must sell to the highest bidder, provided the highest bid meets or exceeds their agreed reserve price. Sellers can inform Carabia in writing of their wish to alter the reserve price at any time before the Auction goes live and are also able to lower (but not increase) the reserve price during the ‘Live Auction’ by contacting a member of the Carabia team. Usually, Auction listings will have a before-live stage, know on our website as ‘Upcoming Auctions’ which is a period used to encourage buyers and advertise the vehicle before it is live.

4.3  Should a seller wish to remove their listing from the platform, they must inform Carabia immediately by contacting us via email or WhatsApp. If a request to remove the vehicle is made during an Auction Period and the reserve price is met, or if a “Buy Now” price has already been accepted, the vehicle is considered as sold and the Seller may not withdraw from the sale.

4.4  Whilst Carabia attempts to ensure that all listings are completely transparent and show the true condition of the listing, Sellers are liable for the accuracy of their listing. Carabia takes no responsibility for any misrepresentations which result in disputes between Buyer and Seller and shall not be liable for any losses howsoever caused arising out of an inaccurate listing.

4.5  Carabia provides Sellers with free inspections as part of its service.  It also charges commissions to Buyers based on the value of the vehicle listed.  In the event that a Seller breaches any terms of this agreement, Carabia reserves the right to claim for any expenses and losses incurred.

5.      Buyer Rights and Obligations

5.1  Buyers must:

a)      Thoroughly review any vehicle that they have an interest in, including description, photographs, documentation and the inspection report before placing any bids or making offers.

b)      Perform complete due diligence before committing to purchase the vehicle. This may include doing their own research into the history of the vehicle as well as conducting their own vehicle inspection with their chosen provider. Should Buyers wish to have a vehicle inspection carried out they can arrange this by contacting us via email or WhatsApp and we will work with them as well as their chosen inspection provider to complete a vehicle inspection. This may not always be possible as it is subject to the availability and preference of the Seller.

5.2  Buyers agree and accept that Carabia cannot validate or verify any supporting documentation provided by the Seller in support of the vehicle. Supporting documentation such as service history or repair work reports provided by the Seller on the listing page may not always be complete, and so Buyers agree to conduct further research before buying the vehicle

5.3  The Buyer is responsible for checking the accuracy of bids before they are uploaded onto the platform.  Once an offer or a bid is accepted or a buyer agrees to a fixed price, a binding contract is created between the Seller and the Buyer. Buyers will pay the Carabia Commission and the agreed sale price to the Seller.

5.4  Once a binding contract is made, the Buyer shall contact the Seller and make payment for the vehicle  within the specified timeframes, detailed below in Section 6.

5.5  The Buyer shall ensure all financial and logistical arrangements are in place prior to being successful either in an Auction or a Buy Now sale. This is to ensure the vehicle exchange with the Seller can take place within the specified timeframes, and there are no delays on the part of the Seller (for example, to arrange finance). The Buyer is responsible for arranging the collection and/or transportation of the vehicle once the Carabia Commission has been paid.

5.6  To maintain the integrity of the platform:

a)      Buyers agree to follow the timelines listed in Section 6 below to ensure the purchase and transfer of vehicle ownership following a successful Buy Now or Auction process.

b)      Buyers agree that the bid or offer made which is accepted by the Seller creates a binding contract and the price agreed is the binding price for which they will purchase the vehicle. It is, however, the responsibility of the Buyer and the Seller to complete the transaction with respect to the sale and registration of the vehicle.

c)      In the event the Buyer does not follow through with the transaction with the Seller for any reason (other than the default of the Seller), Carabia has the right to keep the Carabia Commission in accordance with the terms of this Agreement.

d)      Buyers agree not to engage in private treaty purchases in the event that they become aware of the identity of the Seller prior to the successful sale.  If Buyers negotiate a private sale having been introduced to the Seller on the Carabia Website, both Buyer and Seller will be jointly and severally liable to pay the Carabia Commission.

6.      Buyer and Seller Interaction

6.1  Once a binding contract is made (the Buyer has offered the fixed price for the vehicle, the Seller has accepted an offer/counteroffer from the Buyer, the Buyer has accepted a counteroffer from the Seller, or the Buyer has placed a winning bid which meets or exceeds the reserve price) the Buyer agrees that Carabia can collect the Carabia Commission from the Buyer using the payment card linked to their account. Once collected, Carabia will send the contact details of the Seller to the Buyer via email. In participating in the sale, both the Buyer and the Seller give Carabia permission to share both their email and mobile number with the other transacting party.

6.2  Once provided with the contact information, the Buyer must contact the Seller within 48 hours.

6.3  The Buyer is required to arrange and complete the payment for the vehicle within 7 days (168 hours) of receiving the details of the Seller via email from Carabia, unless otherwise agreed directly with the Seller.

6.4  If the Buyer fails to meet the above time deadlines the contract will become void and the Seller is entitled to re-list the vehicle. The Buyer agrees that Carabia will retain the Carabia Commission.

6.5 Our services cease at the point that the Sellers’ information is provided to the Buyer to complete the transaction. Whilst we aim to provide as much guidance and advice as possible to both Buyers and Sellers with regard to completing the transfer of ownership of a listed vehicle, Carabia has no contractual obligation to do so and is not responsible in any way for any interaction which takes place following a successful sale. Our team will continue to monitor the progress of the transaction following the cessation of our services, and should you need to speak to a member of our team after this point, or discuss anything else related to the transfer of ownership, you can contact us.

7.      Our Fees

7.1  Carabia charges the Buyer a Carabia Commission of 2% inclusive of VAT (with a minimum of AED 2,000 and a maximum cap of AED 10,000) on a successful purchase. This commission is applied when:

a)      A Buyer's offer is accepted in a 'Buy Now' transaction through either a ‘Buy Now’ price offer or a ‘Make an Offer’ price offer, or counteroffer, which is accepted by the Seller or the Buyer.

b)      A Buyer offers the highest price at the completion of an ‘Auction’, provided that their bid meets or exceeds the reserve price.

7.2  The minimum and maximum caps on fees will mean that for purchases under AED 100,000 the buyer commission will remain at AED 2000. For purchases above AED 500,000, the Buyer commission will not exceed AED 10,000.

7.3  All fees are calculated based on the sale price and are owed in addition to the payment due to the Seller for the purchase of the vehicle (e.g. if an offer of AED 100,000 is accepted for a vehicle, the Buyer is obliged to pay the Seller AED 100,000, and will also be liable to pay AED 2,000 to Carabia as the Carabia Commission, making a total for the Buyer of AED 102,000).

7.4  The agreement by the Buyer to pay the Carabia Commission is a separate agreement from the sale contract with the Seller.  In the event that the Buyer fails to pay the Carabia Commission, Section 9 (Failed Payments) will apply.

8.      Payment Terms

8.1  Buyers agree that they will be charged immediately (see 6.1 above) when purchasing a ‘Buy Now’ vehicle at the listed price, at the point the Seller confirms their offer through the ‘Make an Offer’ feature (or if a counteroffer is accepted), or immediately following the completion of an Auction. In each case, a binding contract is made between the Buyer and the Seller.

8.2  The Carabia Commission payment is processed automatically and immediately. The Buyer is responsible for ensuring that they have the required balance on their added payment method to cover the Carabia Commission payment.

8.3  Cardholders must retain copies of transaction records and Carabia policies and rules. Once a payment is successful, buyers will receive an email confirmation containing a Transaction Receipt within 24 hours. The displayed price and currency on the offer/bid confirmation on our Website will be the same price and currency printed on the Transaction Receipt, and the amount charged to the card will be shown in your card currency.  All payments made will be processed in AED, and all prices displayed on the site are displayed in AED. Users can also monitor and review payments made by reviewing their account on our Website.

8.4  Users will be instructed to add a payment method before they are able to make any offers or place any bids on our website. Users agree that adding a payment method, we will use it to charge them in accordance with 8.1, should they satisfy reasons for doing so as set out in this User Agreement. Users can remove a payment method from their account at any time should they wish to do so, as long as they do not have any outstanding bids or offers.

8.5  Visa, Mastercard, American Express and Union Pay debit and credit cards in AED will be accepted for payment.

8.6  Users must also be aware that due to the nature of the services provided, Carabia does not offer a refund or cancellation policy with respect to the Carabia Commission. As mentioned in Section 5, Buyers must conduct their due diligence prior to making an offer or placing a bid on a listing.

9.      Failed Payments

9.1  In the event of a failed Carabia Commission payment following a sale, the Buyer has 24 hours to make the Carabia Commission payment to Carabia, following which the sale contract will be deemed void and the Seller will be free to re-list the vehicle for sale. The Seller understands that a void contract will mean that the Seller has no other remedy against the Buyer. The Seller should ensure that their added payment method has sufficient balance to cover the Carabia Commission. We will continue to attempt to collect the Carabia Commission from the added payment method for 24 hours following the initial failed payment.

9.2  Buyers remain liable to pay the Carabia Commission (which is a separate contractual obligation) even if the commission payment is not received within 24 hours of the sale and the sale contract is deemed void.  In the event that the Buyer fails to pay commission or to complete the purchase of the vehicle Carabia also reserves the right at its absolute discretion not to list any cars of the Buyer in future or to allow the Buyer access to its Website.

10.  Reserve Pricing (Auctions)

10.1  The Seller may agree to a reserve price (or “reserve”) with Carabia prior to the start of an Auction. A reserve price is the minimum price the Seller will sell a vehicle for. The reserve price will not be disclosed to any potential Buyers nor will it be listed on the Website.  Sellers can inform Carabia in writing of their wish to alter the reserve price at any time before the Auction goes live and are also able to lower the reserve during the Live Auction by speaking to a member of the Carabia team.

10.2  A Seller may agree to list a vehicle “without reserve”.  This means that the Seller agrees to sell the vehicle to the highest bidder, regardless of what they would want for the vehicle.  While “without reserve” pricing puts a Seller at risk of not achieving the desired price for a vehicle, a “without reserve” auction often attracts more bidders and therefore more interest in the vehicle.  Carabia shall not be liable for a Seller’s decision to list a vehicle “without reserve” and will have no liability in the event that the successful buyer wins the bid for the vehicle at a price which is lower than the Seller was hoping to achieve.

10.3  Sellers agree to accept the highest bid that meets or exceeds the reserve price as the winning bid, or in the case of a ‘”without reserve” sale, agrees to sell the vehicle at the highest bid price.

10.4  In the event the highest bid is no less than 20% below the agreed reserve price, the Seller may still wish to accept this as the highest bid and will have 24 hours following the completion of the Auction to do so. The Seller will also be able to negotiate via a Carabia representative with the Buyer for an agreed sale price. Should the Seller and Buyer reach agreement, the Buyer will become liable to pay the Carabia Commission in accordance with the terms of this agreement.

10.5  In the event the highest bid is more than 20% below the agreed reserve price, the Seller will be given the option to relist their vehicle, and will be able to amend their reserve price should they wish to do so.

10.6  The Seller agrees that if an auction sale is made that meets or exceeds the reserve price a binding contract is made between the Seller and the Buyer and the Buyer will also become liable to pay the Carabia Commission in accordance with this agreement.

11.  Vehicle Inspections and Finance Price

11.1  Vehicle inspections are conducted by a third party provider. Whilst we try to ensure that the inspections are as accurate and up-to-date as possible, Carabia is not liable for the quality of the reports, nor for any differences between the reported condition and the actual condition. Users agree that the inspection reports provided are not guarantees of the condition of the vehicle, nor can they be expected to uncover all issues associated with each vehicle.  Buyers are advised to conduct their own due diligence before committing to buy a vehicle from a Seller. This may include conducting their own inspection with a chosen inspection provider (as set out in 5.1).

11.2  Carabia  accepts no liability for any decisions taken based on the information provided by the inspection reports, nor for any other vehicle information provided such as vehicle history checks.

11.3  Carabia does not arrange vehicle finance. The finance price displayed with Fixed Price listings is purely an indication of the monthly repayments that can be expected when purchasing a vehicle at the Fixed Price. The finance price is a Carabia estimate based on a 20% downpayment and an interest rate of 3.9% payable over 5 years. Any differences in these assumptions will result in different monthly payments and an overall financing cost. Before committing to purchasing a vehicle using third-party finance, Users should ensure that any such finance is in place before making an offer.

12.  Data Privacy

12.1  Carabia is committed to protecting user data in accordance with UAE data protection laws. All personal and financial information is tokenized and secured against unauthorized access.

12.2  Users’ data will not be shared with third parties without explicit consent, unless required by law.

12.3  Users can request the modification or deletion of their personal data as outlined in UAE Federal Law No. 45 of 2021.

12.4  Carabia employs rigorous industry-standard security measures to safeguard personal information and ensure user privacy.

12.5. Further information regarding our data collection policies and practices can be found by reviewing our Privacy Policy.

13.  Limitation of Liability and Indemnity

13.1  All vehicles listed on our Platform are owned by private parties. The role of Carabia is to introduce buyers to those private sellers by listing vehicles on its Website. Although Carabia uses reasonable efforts to ascertain the condition of vehicles listed on the Website, we cannot give any assurance about the condition of those vehicles or the information provided. Buyers must therefore ensure that they have made all necessary checks relating to the condition and history of the vehicle before completing the purchase and they are happy to complete that purchase. Carabia shall not be liable for any misinformation provided by the owner, and does not warrant the accuracy of any information listed on the Website relating to the condition and/or history of the vehicle. Users acknowledge that the successful sale and purchase of all vehicles constitutes a contract between Sellers and Buyers only (to which Carabia is not a party).

13.2  Without prejudice to any other provisions of this Agreement, the Seller and Buyer agree to indemnify and hold Carabia harmless from any claims, losses, or damages whenever or howsoever arising resulting from their use of the Carabia platform or any transaction or sale conducted through it. 

14.  Account Termination

14.1  Carabia reserves the right to terminate any user account at its absolute discretion and for any reason, including where users violate this User Agreement. Account termination may take place at any time, and Users do not need to be given any reason in the event their account is terminated. Reasons for account termination include, but are not limited to: failing to meet payment obligations after successful transactions, misrepresenting vehicle condition or history, making inappropriate or offensive comments on listing pages or engaging in harassment or misconduct toward other users or Carabia staff.

14.2  If a User believes their account has been unlawfully hacked or wrongfully terminated, they can contact us via email or WhatsApp and we will review the matter.

15.  Force Majeure

Carabia shall not be held liable for any failure to perform its obligations under this agreement if such failure results from any cause beyond our reasonable control, including but not limited to, mechanical, electronic, or communications failure, natural disasters, war, terrorism, government actions, pandemics or supply chain issues.

16.  Governing Law and Dispute Resolution

16.1  The United Arab Emirates (UAE) is our country of domicile, and this Agreement is governed by the laws of the Dubai International Financial Centre (“DIFC”). Any purchase, dispute or claim arising out of or in connection with this website shall governed and construed in accordance with the laws of the UAE. All disputes and claims (including as to the interpretation of this agreement) shall be fully and finally settled by the Courts of the DIFC. The parties agree that if the claim falls within the threshold of the small claims tribunal, then that tribunal shall have jurisdiction to hear and determine the claim.  For more information on the DIFC Courts visit https://www.difccourts.ae.

16.2  Users agree that before bringing any dispute before the DIFC Courts any disputes arising between them will be subject to amicable negotiation for a period of 30 days from the time when one party gives written notice of a dispute to the other. Carabia is not responsible for mediating disputes directly but may assist by providing transaction records or listing data upon written request.

17.  Agreement to Terms

By using the Carabia Website to buy and sell vehicles, Users agree to these terms. Some remedies available to parties may be restricted by this agreement and so it is important that you take advice if you are uncertain. 

18.  Feedback and Complaints

We value user feedback and strive to address complaints promptly. Users may submit feedback or complaints by emailing us at [email protected]. Upon receiving a complaint, Carabia will aim to respond within 3 business days. All complaints will be reviewed, and a resolution offered where appropriate.

19.  Modifications to User Agreement

Carabia reserves the right to update or modify this User Agreement at any time, and we will regularly review it to ensure that it is up to date. By continuing to use the Website, users agree to any modifications made, which will be effective immediately upon posting. We encourage all users of the site to regularly review this User Agreement. The date of the last update is clearly stated at the beginning of the Agreement and indicates when changes were most recently made.

20.  Appendix

20.1  Giveaway Terms & Conditions (Abu Dhabi F1 Grand Prix 2025 Giveaway) 

a)  Eligibility

To be considered a valid entrant you must be 18 years or older and a resident of the UAE. The competition is limited to one entry per person. Users can enter the giveaway through multiple methods including signing up to our waitlist, registering an account, referral schemes or adhering to social media promotions. The age of the winner will be verified during the Winner Selection process.

b)  Competition Period 

The competition closes on 31st July 2025. The winner will be selected through a random drawing process and notified on 1st August 2025. 

c)  Prize Details 

The prize consists of two VIP tickets to the Abu Dhabi Formula 1 Grand Prix 2025 Saturday racing and does not include any travel or accommodation. The prize is non-transferable and cannot be sold or exchanged for cash. The winner can select 1 person to bring with them, and they should make sure to share any information requested within a timely manner. The giveaway is a free entry prize draw an is not a lottery, raffle, or gambling event. No purchase or payment is necessary to enter or win. 

d)  Winner Selection 

The winner will be randomly drawn from the list of email addresses that have entered the competition and have fulfilled the required actions which make them eligible for the giveaway. To be eligible, entrants must have fulfilled one of the eligibility requirements set out above and must also have a Carabia account. The winner will be contacted via email once the random draw has been made, and will be given the ticket via either in person delivery or via email.  If the winner does not respond within two weeks of being notified, another winner will be selected at random. 

e)  Notification and Response 

The winner will be notified via email once the draw has been made. They will have two weeks to respond to the email and claim the prize. If they do not do it in this timeframe a new winner will be drawn. Once the winner is confirmed, they can expect to receive the tickets within 1 week of the event, which is on 6^th December 2025. 

f)  Promotional Consent 

The winner will be required to participate in some basic promotional activities and material on the day, including featuring in a social media post. 

g)  Disqualification 

Entrants may be disqualified for submitting multiple entries, providing false information, or violating these terms in any way. 

h)  Other 

By participating in the competition, you give us permission to collect, use and disclose your information to administer the competition and the prize. The giveaway is in no way affiliated with, sponsored by, or endorsed by Formula 1, the FIA or any of the official Formula 1 event organisers. The prize is provided solely by Carabia, and fulfilment of the prize is subject to ticket availability.Carabia is not responsible for any loss, damage, or injury of any kind resulting from participation in the competition. We also waive all liability for any loss, damage or injury of any kind resulting in the attendance of the giveaway activity. 

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