Last update on: 09/06/2020
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
These terms tell you the rules for using our site.
OUR SITE: GENERAL
Who we are and how to contact us
https://www.classiccartrader.co.uk is a site operated by AA Technologies Limited trading as Classic Car Trader (“We“, “us“, “Classic Car Trader“)). We are registered in England and Wales under company number 12137522 and have our registered office at Unit 2 Murdock Road, Middlesbrough, England, TS3 8TB. We are a limited company.
To contact us, please email email@example.com.
By using our site you accept these terms
If you do not agree to these terms, you must not use our site.
There are other terms that may apply to you
We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
We may make changes to our site
We may update and change our site from time to time.
We may suspend or withdraw our site
Our site is made available free of charge, however users that wish to post and bid on auctions may have to pay a fee upon a successful auction (as detailed in the Auctions section below).
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
We may transfer this Agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
Our site is only for users in the UK.
Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.
Our site is only for business to business users
Our site is for use in a business to business capacity, and is not made for consumers. You warrant that in using our site, you are doing so in a business capacity and not as a consumer.
Some parts of our site are only available to registered users.
When you register for an account on our site, we will undertake verification checks to ensure that the details you have provided are correct, and that you are acting in the capacity as a trader or business (and not as a consumer).
By signing up to our site, you warrant that:
- all registration information provided by you is true, accurate, current and complete;
- you will maintain the accuracy of such registration information and update it promptly where it changes or is no longer accurate;
- you are over the age of 18; and
- you are acting in your capacity as a business or trader of classic cars, and not as an individual or consumer.
For the avoidance of doubt, we are entitled to refuse or revoke registration to our site at our sole discretion.
You must keep your account details safe
If you signed up to our site you will be provided with a username and password. You must treat your username and password as confidential and must not disclose it to any third party.
If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at firstname.lastname@example.org.
We make available the ability for registered users of our site to host and bid on auctions of classic cars. We do not act as an agent or representative of either party. Our role in the auction process is to facilitate the introduction of willing buyers and sellers only by way of an auction process.
Any contract formed between an auction host and a successful bidder, including the payment of the price and transfer of ownership of the vehicle, must be completed privately.
For the avoidance of doubt, we are not a party to any contract between an auction host and a successful bidder for the sale and purchase of the vehicle auctioned.
Hosting an auction
In order to host an auction for a classic car, you must be registered on our site.
You are responsible for selecting the start time and date, end time and date, and providing accurate descriptions and photographs of the vehicle. You will also be able to select the starting price of the auction, a reserve price (if any) and minimum bid increments.
The auction will commence from the start date and time chosen when setting up the auction. It will end on the end date and time.
By hosting an auction:
- You warrant that you are the owner of the vehicle or are authorised to sell the vehicle by the owner, and are capable of forming a legally binding contract with the successful bidder for the sale of the vehicle; and
- You confirm that all descriptions, photographs, pictures and graphics posted as part of the auction will be accurate, relevant to that vehicle and not misleading.
We will make all reasonable efforts to ensure that auctions depict the vehicle in question in accordance with these terms. However, the auction host is responsible for providing accurate descriptions, photographs, pictures and graphics in relation to the auction, and we offer no warranty and accept no liability to a successful bidder in the event that the items listed in any such auctions are not as described or do not conform with the description, photographs, pictures or graphics posted as part of the auction.
Questions on auctions
Bidders can raise questions with the auction host by placing a comment on the lot, which the auction host can reply to.
Bidding on an auction
In order to bid on an auction, you must be registered on our site. By bidding on an auction, you warrant that you are capable of forming a legally binding contract with the auction host for the purchase of the vehicle. By placing a bid, you are agreeing to purchase the vehicle from the auction host up to the costs of your maximum bid.
When placing a bid, bidders will be asked to enter their maximum bid on an auction. Once a maximum bid is entered, it cannot be reduced or removed. A maximum bid can be increased by a bidder bidding again at a higher value.
If a new bidder places a maximum bid that is higher than the current maximum bid entered so far in the auction, that new bidder will become the highest bidder. The price of the auction shall be the smallest increment above the previous maximum bid.
If a new bidder places a maximum bid that is not higher than the current maximum bid entered so far in the auction, the bid will be recorded, and a bid shall be automatically placed by the existing highest bidder to the value of the smallest possible increment above your maximum bid.
Bidders are free to place higher maximum bids on the auction until such point as the auction ends.
In the event that two bidders place identical maximum bids, which are the highest bids of the auction, then the user who placed the maximum bid first will be deemed to be the lead bidder.
In the event that an auction lists a reserve price, and that reserve price is not met by the end date and time, there will be no successful bidders and the auction will terminate at the end date and time.
Winning an auction
An auction is successful where:
- There is winning bid by a registered user of the site; and
- The reserve price for the auction (if any) has been met.
Upon the success of an auction, each of the auction host and the successful bidder will be contacted to confirm that the auction has been successful. Each of the auction host and the successful bidder will be directed to pay the auction fees (as set out under Auction fees below).
Upon payment of the auction fee by each of the auction host and the successful bidder, we will release the contact details of the successful bidder to the auction host and vice versa. The successful bidder and auction host will then finalise and complete the sale and purchase of the vehicle independent of our site.
For the avoidance of doubt, we accept no liability whatsoever in the event that a successful auction does not result in a sale of the vehicle by
The auction fees are a percentage of the successful bid, subject to a minimum of £50. The auction fees will be notified to the auction host at the time they place the auction, and the bidder when they bid on a lot. All fees are payable in pounds sterling (£).
For the avoidance of doubt, the fees payable upon a successful auction are for use of our site and the provision of our services only, and are not a deposit or payment towards any vehicle being purchased by a successful bidder from an auction host.
We reserve the right to temporarily change the auction fees for promotional events (for example, discounted auction fees over a specific weekend). Such changes will be notified to you
Non-payment of auction fees
In the event that the auction fees are not paid (whether by the auction host or the successful bidder), the contact details of the successful bidder and the auction host will not be released.
Should the auction fees not be paid by both the successful bidder and the auction host within 7 days of the close of the successful completion of the auction, the auction will be considered unsuccessful and any auction fees paid to us will be refunded within 7 days.
USE OF OUR SITE
You may only use our site for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To bully, insult, intimidate or humiliate any person.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of this use agreement.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Do not rely on information on this site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
User-generated content is not approved by us
This website may include information and materials uploaded by other users of the site, including questions and answers in relation to auctions. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
These content standards apply to any and all material which you contribute to our site (“Contribution“), such as when you post an auction or ask a question of the auction host.
The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
We will determine, in its discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
- Be accurate (where it states facts).
- Be genuinely held (where it states opinions).
- Comply with the law applicable in England and Wales and in any country from which it is posted.
A Contribution must not:
- Be defamatory of any person.
- Be obscene, offensive, hateful or inflammatory.
- Bully, insult, intimidate or humiliate.
- Promote sexually explicit material.
- Include child sexual abuse material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be in contempt of court.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person.
- Give the impression that the Contribution emanates from us, if this is not the case.
- Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
- Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
- Contain any advertising or promote any services or web links to other sites.
Uploading content to our site
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out below.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content.
When you upload or post content to our site, you grant us a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display and perform that user generated content in connection with the service provided by our site and across different media, or promoting our site or the service provided by our site.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set above.
You are solely responsible for securing and backing up your content.
We do not store terrorist content.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Rules about linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out above.
If you wish to link to or make any use of content on our site other than that set out above, please contact email@example.com.
How to complain about content uploaded by other users
If you wish to complain about content uploaded by other users, please contact us on firstname.lastname@example.org.
Our responsibility for loss or damage suffered by you
Our site is only available for use by business users.
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
How we may use your personal information
Which country’s laws apply to any disputes?