Terms of Use - Learn About the Rules and Guidelines for Using Auctionanycar

INTRODUCTION

These terms govern your use of the https://auctionanycar.co.uk/ online platform and associated services (“Platform”). By using the Platform, you agree to be bound by these terms which forms a legally binding contractual agreement between you (“you” or “your”), and us, WWW.AUCTIONANYCAR.COM LTD (Company number 12788033) (“Company”, “we”, “us”,"or our”) having its registered office at Unit 15a Winchester Buildings, Stonehill Business Park, London, England, N18 3QW.

The Platform connects users of the Platform, including you (“Users”), who want to sell (“Sellers”) and Users who to buy (“Buyers”) cars (“Cars”). The Platform allows Sellers to post listings for Car(s) they want to sell (“Listings”) and for Buyers to make an offer to buy the Car – either at a fixed price or by bidding (“Bid”) at an auction (“Auction”) on the Platform.

These terms are divided into three parts:

Part 1 – which sets out terms that apply to all Users;
Part 2 – which sets out additional terms that apply to Sellers; and
Part 3 – which sets out additional terms that apply to Buyers.

This means:

If you intend to use the Platform as a Seller, only Part 1 and Part 2 of these terms will apply to you.
If you intend to use the Platform as a Buyer, only Part 1 and Part 3 of these terms will apply to you.

To help you read these terms, capitalised words and phrases used in these terms have the meaning given by the words immediately preceding any bolded and bracketed word(s) or phrase(s).

We may update any part of these terms at any time without notice to you. By continuing to use the Platform, after such an update, you agree to be bound by these terms as amended.

We encourage you to check the date at the top of these terms to see when we last updated it.

All Users

ELIGIBILITY

This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:
over the age of 18 years and accessing the Platform for personal use; or
accessing the Platform on behalf of someone under the age of 18 years old and consent to that person's use of the Platform.
Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian's consent, or if you have previously been suspended or prohibited from using the Platform.
If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (“Represented Entity”), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to these terms. If you are accepting these terms and using the Platform on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

ACCOUNTS

You can view the Platform, Listings and Auctions without signing in.
In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an “Account”).
As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, driver licensing details, Car details, any required licences (as appropriate) , billing, postal and physical addresses, current state or territory of residence, mobile phone number, and other information as determined by us from time to time.
You warrant that: (i) any information you give to us while registering for an Account will always be accurate, honest, correct and up-to-date; (ii) you will not authorise or otherwise allow anyone who is not permitted to Bid on your behalf to access your Account.
Once you complete the Account registration process, we may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
We may suspend or cancel your Account for any reason, including for any failure to comply with these terms.
If you allow another person to Bid on your behalf through your Account, you must notify us and provide us with a written authority and any other documents we may require.

USER OBLIGATIONS

As a User, you agree:

not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify us of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform's security;
to not use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (for example buying or selling stolen Cars);
not to act in any way that may harm our reputation or the reputation of our associated or interested parties or do anything at all contrary our or the Platform’s interests;
not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform;
we may change any features of the Platform at any time without notice to you;
we only act as an introductory service between Users and that any interaction you have with another User is entirely at your own risk and we take no responsibility for any consequences; and
we may suspend or cancel your Account at any time for any reason without notice to you.

POSTED MATERIALS

WARRANTIES

By posting a Listing or Auction, or otherwise providing any information, images, materials or other content on the Platform (“Posted Material”), you represent and warrant that:

you are authorised to provide the Posted Material (including by being authorised to sell any Cars that you list);
the Posted Material is accurate and true at the time it is provided;
the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
the Posted Material is not "passing off" of any product or service and does not constitute unfair competition;
the Posted Material does not infringe any copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in the United Kingdom and throughout the world (“Intellectual Property Rights”);
the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
the Posted Material does not breach or infringe any applicable laws.

LICENCE

You grant to us a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for us to use, exploit or otherwise enjoy the benefit of such Posted Material.
If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release us from any and all claims that you could assert against us by virtue of any such moral rights.
You indemnify us against all damages, losses, costs and expenses incurred by us arising out of any third party claim that your Posted Material infringes any third party's Intellectual Property Rights.

REMOVAL

We act as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, we may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
You agree that you are responsible for keeping and maintaining records of Posted Material.

REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS

We have no liability or obligation to you if:

1. 1. a Buyer or Seller cancels at any time after you have agreed to buy or sell a Car in a Listing or Auction; or
  2. for whatever reason, including technical faults, the services cannot be performed or completed,

and you will not be entitled to any compensation from us.

USER VERIFICATION
1. 1. We may require Users to verify their details and any licences that may be required to be held by a User (“Verification”), using our internal process or a third party verification service provider (“Verification Provider”). You must provide us with any details and licences if we request them from you.
  2. We will collect your personal information in accordance with our Privacy Policy. Where a Verification Provider is used, you acknowledge and agree that:
    1. we may contact and share your personal information with a Verification Provider to verify your details; and
    2. you consent to us receiving, sharing and using this information to enable us to carry out the Verification.
  3. We may charge non-refundable fees for the Verification, as set out on the Platform.
  4. You acknowledge and agree that:
    1. our internal process for Verification may also use a Verification Provider and we are reliant on the information provided by the Verification Provider. To the extent permitted by law, we disclaim all warranties that the Verification will be accurate or guarantee that Verification will ensure the suitability of a User if that User is licensed;
    2. you should make your own inquiries as to other Users’ identities before engaging with those Users; and
    3. we do not endorse any User, Listing, Auctions, Cars or Verification Provider.
ONLINE PAYMENT PARTNER
1. 1. We may use third-party online payment partner (“Online Payment Partner”) to collect payments on the Platform, including for our services.
  2. The processing of payments by the Online Payment Partner will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Online Payment Partner.
  3. You agree to release us of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner's platform or any error or mistake in processing your payment.
  4. We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.
SERVICE LIMITATIONS

The Platform is made available to you strictly on an 'as is' basis. Without limitation, you acknowledge and agree that we cannot and does not represent, warrant or guarantee that:

1. 1. the Platform will be free from errors or defects;
  2. the Platform will be accessible at all times;
  3. communications sent through the Platform will be delivered promptly, or delivered at all;
  4. information you receive or supply through the Platform will be secure or confidential; or
  5. any information provided through the Platform is accurate or true.
INTELLECTUAL PROPERTY
1. 1. We retain ownership of all materials developed or provided (or both, as the case may be) in connection with the services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (“Platform Content”) and reserves all rights in any Intellectual Property Rights (as defined in clause ?4.1(e)) owned or licensed by it not expressly granted to you.
  2. You may make a temporary electronic copy of all or part of the Platform Content for the sole purpose of viewing it and adapting it for the purpose of accessing and using the Platform or posting a Listing or Auction, as applicable. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Platform Content or as permitted by law.
THIRD PARTY CONTENT

The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (“Third Party Content”). We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

THIRD PARTY TERMS
1. 1. Any service that requires the Company to acquire services supplied by a third party on behalf of the Buyer (including a third party payment service) may be subject to the terms and conditions of that third party (“Third Party Terms”), including 'no refund' policies.
  2. Users agree to familiarise themselves with any Third Party Terms applicable to any such services and, by instructing the Company to acquire the services on the User’s behalf, the User will be taken to have agreed to such Third Party Terms.
DISPUTES BETWEEN USERS
1. 1. You should try to sort out any issues or complaints relating to another User or a Listing or Auction with that User. You must take all reasonable steps to resolve any dispute with another User.
  2. If any issue or problem relating to the Platform remains unresolved after trying to sort it out with another User, or if the complaint does not relate to another User, you can report it to us via the functionality available on the Platform or you can email us. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
  3. Any costs you incur in relation to a complaint or dispute will be your responsibility.
  4. We have the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
  5. If you have a dispute about us, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 60-day period before pursuing any other proceedings.
  6. Notwithstanding any other provision of this clause ?12, we may at any time cancel your Account or discontinue your use of the Platform.
SECURITY

The Company does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

DISCLAIM ER AND LIMITATION OF LIABILITY
1. INTRODUCTION SERVICE

We are a medium that facilitates the introduction of Buyers and Sellers for the purposes of buying and selling Cars. The Company simply collects a Listing Fee from the Seller and a Commission from the Buyer in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Buyers and Sellers in relation to such Cars or otherwise resulting from the introduction.

1. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, we exclude completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any Cars bought or sold. Our maximum liability under these terms is £100 or the total commission received by the Company in respect of a sale/purchase transaction, whichever is lower. This includes the transmission of any computer virus.

1. WARRANTIES AND REPRESENTATIONS
  1. All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
  2. Any other warranties relating to the Cars are a subject matter of the contract between the Seller and the Buyer and each party should take independent legal advice in this regard.
2. INDEMNITY

You agree to indemnify us and our employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives':

1. 1. breach of any term of these terms;
  2. use of the Platform; or
  3. your purchase from, or sale of Cars to another User.
2. CONSEQUENTIAL LOSS

To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, these terms or their subject matter, or any Car bought or sold (except to the extent this liability cannot be excluded under applicable law.

CONFIDENTIALITY

You agree that:

1. 1. you must not disclose any of our Confidential Information to any third party; and
  2. all communications involving the details of other Users must be kept confidential and must not be distributed nor disclosed to any third party.
  3. In this clause ?15, “Confidential Information” means information of, or provided by, a party that is by its nature confidential information, is designated as confidential, or that the recipient of the information knows or ought to know is confidential (including all commercial information exchanged between the parties), but does not include information which is, or becomes, without a breach of confidentiality, public knowledge. Confidential Information includes system operations, documents, marketing strategies, staff information and client information.
PRIVACY

You agree to be bound by our Privacy Policy, which can be accessed here

TERMINATION
1. 1. We reserve the right to terminate a User's access to any or all of the Platform (including any Accounts, Listings and Auction) at any time without notice, for any reason.
  2. In the event that a User's Account is terminated:
    1. the User's access to all posting tools on the Platform will be revoked;
    2. the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and Listings, Auctions or requests); and
    3. the User may be unable to view the details of other Sellers (including contact details, geographic details and any other details), and all Listings or Auctions previously posted by the respective User will also be removed from the Platform.
  3. Users may terminate their Account at any time by using the Platform's functionality, where such functionality is available. Where such functionality is not available, we will effect such termination within a reasonable time after receiving written notice from the User.
  4. Notwithstanding termination of your Account, these terms, the provisions of Part 1 and any other provision in these terms which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.
TAX

You are responsible for the collection and remission of all taxes, fees and costs associated with buying or selling any Cars via the Platform, and we will not be held accountable in relation to any transactions between Buyers and Sellers where tax or other regulatory related misconduct has occurred.

RECORD / AUDIT

To the extent permitted by law, we reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, Listings, Auctions, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving us.

GENERAL
1. GOVERNING LAW AND JURISDICTION

These terms are governed by the law of England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

1. WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

1. SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms are not limited or otherwise affected.

1. JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

1. ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

1. COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

1. ENTIRE AGREEMENT

These terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

1. INTERPRETATION
  1. (singular and plural) words in the singular includes the plural (and vice versa);
  2. (gender) words indicating a gender includes the corresponding words of any other gender;
  3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
  4. (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
  5. (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
  6. (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
  7. (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
  8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
  9. (includes) the word "includes" and similar words in any form is not a word of limitation; and
  10. (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

2: SELLER

ELIGIBILITY
1. 1. In case of an individual, you must verify that any Buyer is over 18 years old or has their parent or guardian's consent to use the Platform before selling a Car to that Buyer.
  2. You must hold all licences required to sell any Car. You must provide us with evidence of any such licence if requested by us.
  3. You must comply with all of your obligations under any applicable law.
SELLERS ACCOUNT
1. SIGNING UP AS A COMMERCIAL SELLER
  1. If a Seller wants to engage in commercial dealings, they must register as a motor dealer and warrant that they have complied with all relevant laws (“Commercial Sellers”).
  2. As part of the Account registration process and as part of your continued use of the Platform, Commercial Sellers are required to provide us:
    1. their current state or territory of residency (including their drivers licence);
    2. their motor dealer licence
    3. information about the number of Cars they’ve sold or offer to sell within a 12-month period (subject to change depending on the state and territory); and
    4. other information as determined by us from time to time.
  3. You agree that, at all times, you will keep and maintain a motor dealer licence, records of when you’ve sold or offered to sell Cars within 12 months, and will be in full compliance with all applicable laws.
2. SIGNING UP AS A NON-COMMERCIAL SELLER
  1. If a Seller is not engaging in a commercial dealing and is engaging the Buyer in private, they do not have to register for a motor dealer licence.
  2. In order to register for an Account, you must comply with the requirements under clauses ?1 and ?2 of Part 1.
LISTINGS AND SELLER OBLIGATIONS

You acknowledge and agree that:

1. 1. if you create a Listing, that will constitute an invitation to begin negotiations with the Buyer with the intent to create legal relations;
  2. if you create an Auction, it constitutes an offer of a Car for Bids to made as an offer to purchase the Car;
  3. when you create a Listing or Auction, you must use your best endeavours to provide as much information as possible for any Listing or Auction including a description and specifications of the Car and images;
  4. you may then choose either to add any promotional features to your Listing/ Auction or not;
  5. each Car you list on your Listing/ Auction must comply with applicable law and regulatory requirements;
  6. you may only list Cars that you own or otherwise have all the necessary rights and permissions to sell;
  7. Bids may be placed by the Buyers until the minimum price listed against the Car (“Reserve Price”) is achieved;
  8. we may choose not to accept any Listing/ Auction you submit to the Platform, and we may limit the number of Listings/ Auction you can submit to the Platform;
  9. any information you provide in a Listing/ Auction must be true, timely and accurate;
  10. we are not responsible for delivery of a Car. We recommend that any delivery be done by you via a reputable provider;
  11. we are not responsible for any in-person arrangements or deliveries between you and the Buyer;
  12. if there are any issues or problems with a Buyer, you must deal with the Dispute in accordance with clause ?12 of Part 1;
  13. any terms and conditions relating to Cars sold via the Platform are solely between you and the Buyer and do not involve us in any way, except that they must not be inconsistent with either party’s obligations under these terms; and
  14. we have no responsibility for the accuracy, reliability or timeliness of any Buyer’s response to a Listing/ Auction.
FEES
1. 1. We will charge a fee for each Listing or Auction (“Listing Fee”). The amount of the Listing Fee will be set out on the Platform.
  2. The Listing Fee is non-refundable.
  3. We reserve the right to change the Listing Fee at any time by updating these terms or changing the prices on our Platform. Your continued use of the Platform after the terms have been updated will constitute your consent to the changed fees.
BYPASSING

You agree that while you are a Seller on the Platform, you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Buyer whom you came to know about, or with whom you provided Cars to directly or indirectly, by using the Platform.

3: BUYERS

SUBMITTING A BID
1. MANUAL BIDS

By submitting a Bid, and any subsequent higher Bids, you acknowledge and agree that:

1. 1. your Bid constitutes your irrevocable and legal binding offer to purchase the Car if you are the Winner of the Auction;
  2. your Bid may be accepted or rejected by the Seller;
  3. any subsequent Bids made by you supersede any prior Bids made by you;
  4. you must have the requisite funds immediately available to meet the Bid amount you have offered; and
  5. the highest Bid you make during an Auction is the amount you offer to pay for the Car if you are determined to be the Winner in accordance with clause 2.1(a).
2. OTHER BIDDERS

In addition to clause 1.1, you acknowledge and agree that:

1. 1. your Bid is subject to higher Bids being placed by another person, in which case you will be notified and invited to submit a higher Bid within the extended Bid time;
  2. subject to clause 1.2(c), if a higher Bid is placed by another person and you do not submit a subsequent higher Bid, you will not Win the Auction and you will have no rights to the Car;
  3. if another Bidder Wins the Auction and breaches their obligation to complete the sale, your Bid may be accepted as if it was the Winning Bid.
WINNING AN AUCTION
1. DETERMINATION OF WINNER
  1. The person listed on our Platform as having made the highest Bid at the close of an Auction will be the Winner (“Winner”). The determination of the Winner is final and constitutes acceptance of the Bid. A binding contract for the sale of the Car is formed at the time of acceptance.
  2. If the highest Bid is lower than the Reserve Price listed on our Platform, there will be no Winner of the Auction.
2. OBLIGATIONS OF WINNER
  1. If you are the Winner of the Auction, you are bound to:

pay the Bid amount to the Seller within 48 hours of notification to you that you are the Winner of an Auction through bank transfer (or other means if accepted by the Seller);
pay the Commission to the Company within 48 hours of notification to you that you are the Winner of an Auction through bank transfer (or other means if accepted by the Company); and
without limiting or otherwise affecting your binding obligations under this clause, enter into any further agreements necessary to give effect to your purchase of the Car.
1. 1. If you fail to comply with clause 2.2(a), we or the Seller may, in our absolute discretion, do any of the following:

proceed with the sale of the Car to another bidder (despite their Bid being lower than your Bid);
terminate or suspend your Account;
seek an order of specific performance against you; or
claim against you all monies due including recovering all of our costs (including but not limited to administration, advertising and legal costs).
1. 1. The Car will not be removed from our Platform until the Bid amount is paid by you in accordance with clause 3.

PAYMENT
1. PAYMENT OBLIGATIONS

You must pay the highest amount you Bid for a Car to the Seller as well as the Commission to the Company if you are the Winner of an Auction.
Payment is due immediately upon the end of the Auction in accordance with the clause 6.2(a)(i).
Payment is to be made directly to the Seller in the manner specified in clause 3.4(a) or as otherwise communicated to you in the notice to you that you are the Winner.
1. AUCTION FEE

Unless otherwise indicated, amounts stated on the Platform do not include auction fee of £30 per transaction .

1. CARD SURCHARGES

We reserve the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

1. ONLINE PAYMENT PARTNER
We may use an Online Payment Partner (as defined in Part A) to collect payments via the Platform i.e. for the sale of the Car, the Commission and the Auction Fee.
The processing of payments by the Online Payment Partner will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Online Payment Partner and we are not liable for the security or performance of the Online Payment Partner.
1. ADDITIONAL COSTS

You acknowledge and agree that, in addition to the amount you Bid, if you are the Winner, you will be liable to pay:

all government registration costs, including stamp duty and transport authority registration costs or DVLA licences; and
any delivery costs in accordance with clause 4.

DELIVERY

The terms of delivery of the Car pursuant to a sale shall be governed by the contract between the Seller and the Buyer, and the Company shall not be liable for any delay or failure of delivery of the Car by the Seller to the Buyer.
All costs and expenses relating to the delivery of the Car shall be agreed between the Seller and the Buyer.

RISK AND TITLE

Until the full Bid amount for your Car is paid in full, title in the Car shall be retained by the Seller.
The legal title in the Car will pass to the Buyer on delivery, possession or handover of the Car keys of the Car by the Seller to the Buyer .

LISTINGS AND BUYER OBLIGATIONS

You acknowledge and agree that:

1. 1. if you respond to a Listing or Auction and agree to pay for that Listing or Auction, that will constitute an acceptance of the offer to the Seller;
  2. we are not responsible for delivery of a Car. We recommend that any delivery be done via a reputable provider;
  3. we are not responsible for any in-person arrangements or deliveries between you and the Seller;
  4. you must deal with any dispute with a Seller in accordance with clause ?12 of Part 1; and
  5. any terms and conditions relating to Cars bought via the Platform are solely between you and the Seller and do not involve us in any way, except that they must not be inconsistent with either party’s obligations under these terms.
WARRANTIES
1. 1. All Cars are sold “as is, where is” with no warranty as to road worthiness express or implied.
  2. Cars sold by the Seller, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
  3. All other express or implied representations and warranties in relation to Cars and the associated services performed by us are, to the maximum extent permitted by applicable law, excluded.
  4. Any other warranties relating to the Cars are a subject matter of the contract between the Seller and the Buyer and each party should take independent legal advice in this regard.
CANCELLATIONS AND REFUNDS
1. 1. We have no liability or obligation to you if a Seller cancels a Listing or Auction to sell you a Car after you have accepted it or a Listing/ Auction is not as described and you will not be entitled to any compensation from us.
  2. If you wish to cancel any dealings with a Seller, you must contact the Seller directly to arrange this.
Introductory services only

You acknowledge and agree that:

1. 1. the Platform is an introductory service only and connect you to Sellers that are not related to us or under our control;
  2. we do not endorse or recommend any Seller and introduction via the Platform does not imply any endorsement or recommendation of any Seller by us; and
  3. any agreement to buy a Car via the Platform constitutes a contract between you and the Seller and do not involve us in any way.

Please confirm whether you’ll be collecting this information.

Please confirm whether an automatic email will be sent to the bidder if a higher bid is placed by another person.

Please confirm the timing and mechanism of payment to the Company.

Please confirm whether you’ll be charging any VAT.

This is quite a risk for the Buyer. The Buyer is required to pay the entire amount within 48 hours. What happens if the Seller refuses to deliver the Car or handover possession of the Car or they keys to the Buyer.

terms-of-use