This page contains our Terms and Conditions, Privacy Policy and Cookie Policy.

TERMS & CONDITIONS / PRIVACY POLICY

Last updated 12-06-2018

1. Definitions and Interpretation

In this agreement the following terms shall have the following meanings:

  1. Account” means collectively the personal/identifying information  and credentials used by Users to access parts of the Website and to list or bid on and Item / Vehicle.
  2. Auction” means an Auction taking place on the Website.
  3. Buyer Premium” / “Trade Classics Fee” means the 6% fee payable by the Buyer against the winning bid to purchase the Item / Vehicle.
  4. Buyer” means a Bidder that places the winning bid on an Item / Vehicle at the end of the Auction.
  5. Bidder” means a User who holds an Account that places a bid on a Item / Vehicle.
  6. “Buyers Network” means a list of individuals or companies that have given us written or verbal consent to be contacted via their Contact Data when a Vehicle matching their preference is consigned by us, in order to offer the Vehicle for a Negotiated Sale.
  7. “Buyer Notification” means the weekly email communication we send to subscribers alerting them of new or closed Auctions and any other information we deem is relevant to them.
  8. Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website.
  9. “Contact Data” means ways we can contact you and includes your addresses, email address and telephone numbers.
  10. “Financial Data” means data linked to your payment methods and includes card details.
  11. Item” / “Vehicle” means an Item listed for sale by Auction on the Website by a Seller.
  12. “Identity” means information about you that includes title, first name, last name, username or similar identifier and an encrypted version of your login/password. If you interact with us through Social Media, this may include your Social Media user name.
  13. “Live Chat” means the online Service we offer directly on our Website for you to contact and correspond with a member of Trade Classics.
  14. “Marketing and Communications Data” means the data associated with your preferences in receiving direct marketing from us, i.e. your communication preferences.
  15. “Negotiated Sale” means the process we adopt to seek a sale of a Vehicle prior to, post or instead of offering for Auction.
  16. “Personal Data” / “Personal Information” means any information about an individual from which that person can be identified.  It does not include data where the identity has been removed (anonymous data).
  17. “Policy” means a statement of intent, and is implemented as a procedure or protocol.
  18. “Privacy Policy” is the Policy set out below in Section 19 that tells you what Personal Data we collect about you, what we do with it and how you can control it.
  19. “Profile Data” means your username and password, Purchases made by you, preferences, feedback and survey responses, as well as any Profile Data which we have added (for example, using analytics and profiling).
  20. “Purchases” includes any Item or Vehicle or Services you have bought from us either directly, by Auction, Negotiated Sale or by some other means.
  21. Trade Classics” means Purrico Ltd T/A Trade Classics and providing this Service.
  22. Seller” means a User who holds an Account that is selling an Item / Vehicle on the Website.
  23. Service” means collectively any online or offline facilities, tools, processes, professional services or information that Trade Classics operates or makes available either now or in the future.
  24. “Social Media” means third party sites used by you for sharing data and includes but not limited to: Instagram, Twitter, Facebook and Snapchat.
  25. System” means any online communications infrastructure that Trade Classics makes available through the Website either now or in the future.  This includes, but is not limited to, Item / Vehicle listings, Auctions, email addresses and online forms.
  26. “Technical Data” means the technical information we collect and includes but not limited to internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Website.
  27. “Tracking Data” means information we or others collect about you from cookies and similar tracking technologies, such as web beacons, pixels, and mobile identifiers.
  28. User” / “Users” means any third party that accesses the Website and is not employed by Trade Classics and acting in the course of their employment, i.e. generic Website users, Bidders, Sellers and Buyers.
  29. Vehicle Listing” means a listing for an Item placed on the Website by a Seller.
  30. “Valuation” means the Service we offer to review your Vehicle based on the information you provide to us in order to give a market assessment of its valuation.
  31. “Usage Data” means the information about how you use our website.
  32. Website” / “Site” means the website that you are currently using www.tradeclassics.com and any sub-domains of this site unless expressly excluded by their own Terms & Conditions.

2. Our Website

2.1 Your use of this website and any service contained within constitutes acceptance by you of these Terms & Conditions.

2.2 Trade Classics and its owners take a proactive approach to user privacy and ensure the necessary steps are taken to protect the privacy of its users throughout their visiting experience. This website complies to all UK national laws and requirements for user privacy.

2.3 Any reference to “you” refers to you as a User of this website and our Service (User / Bidder / Buyer / Seller).

2.4 Any reference to “us” refers to Purrico Ltd, T/A Trade Classics, 35 Clarendon Square Leamington Spa, CV32 5QY.

2.5 Any reference to this “Website” refers to the website address www.tradeclassics.com and such other locations where it may be hosted or featured where the entire website or elements of the website are hosted or featured by our partners.

3. Eligibility

3.1 You must be a minimum age of 18 to register with and use this website. Furthermore you must be able to enter into legally binding contracts. By registering and using this website you warrant that you are 18 or older, have the capacity to enter into contracts and understand your obligations under these Terms & Conditions.

3.2 You will not be eligible to use this website if you have previously been banned from using it and a ban is currently still in place, or where you have been suspended and a suspension is still in place.

4. Registration

4.1 As part of the registration process you will need to create an account, including a username and password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an Account or username and password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.

4.2 If for any reason you suspect that your username and password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username and password or other details.

5. Generic Auction Rules

5.1 As a User, Seller, Bidder or Buyer you agree not to do any of the following:

  1. Manipulate the bidding process or price of any Item / Vehicle, including (but not limited to) bidding for your own Item / Vehicle, working in conjunction with others to up-bid an Item / Vehicle, entering high bids and then withdrawing them, or any other form of manipulation or concerted action to distort the Auction process whether related to your own Item / Vehicle or those of another user.
  2. Use or harvest data provided by other users in a way that they would object to.
  3. Use data provided by other users for purposes other than contacting them via the website.
  4. Abuse, harass, threaten, stalk, defame or in anyway seek to violate the rights of another user or third party.
  5. Encourage illegal activity or activity that violates the rights of other users or third parties, whether individuals or organisations.
  6. Supply or post content or advertisements calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.
  7. To pose as another user, third party, organisation or Trade Classics employee for the purposes of obtaining user or third party information.
  8. To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
  9. Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and other users.
  10. Reframe or repurpose the website or any content on it or remove or obscure any notices or advertising provided by us on the website.
  11. Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.
  12. Use any robot, spider, scraper or other technical means to access the website or content on the website.

5.2 If you breach these Terms & Conditions by sending any unsolicited bulk email (spam) or any other bulk communications to users your actions will cause harm to us and to the website. Such harm is difficult to quantify and as such you agree to pay us the sum of £50 for each and every individual email or other communication sent to a user or third party.

5.3 The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) content and suspend or terminate (with or without notice) the account of any User who in our sole judgment is in breach of the rules or the spirit of the rules.

6.    Selling Rules

6.1 As a Seller you agree to the following:

  1. You own the Item / Vehicle and can prove ownership by sending us a copy of the V5 logbook.
  2. No other person has any claim to the Item / Vehicle whether legal, equitable, possessory or otherwise.
  3. The mileage reading on the Item / Vehicle is true and accurate as far as you are aware from the documentation available to you and that the odometer has not, to the best of your knowledge and belief, been tampered with.
  4. You can supply a copy of a name / address matching utility bill to the v5 logbook.
  5. You can supply a copy of your photo ID, e.g. driving license or passport that match your name on the v5 logbook.
  6. If you are a classic car trader then you can prove ownership by trade paperwork validation.
  7. There is no outstanding finance against the car (HPi).
  8. Declaring the status of any previous recorded accident damage.
  9. Take digital photos of the engine and chassis / frame numbers that match the V5 logbook.
  10. Your Item / Vehicle Listing should be honest and fair, should not make any unsubstantiated or unsupportable claims, and should not make dishonest or unreasonable comparisons with other vehicles, Sellers, Bidders, Buyers or Users.
  11. Item / Vehicle Listings must be made using the English language. Content in any other language may be removed at our sole discretion;
  12. Make yourself available at a mutually agreeable time for an Auction specialist to view the car at the registered address, allowing the specialist to:
    1. Take a minimum of 50 good quality / sharp focus digital photos of all the important areas of the Item / Vehicle, including the underside.
    2. Take a short video of the Item / Vehicle starting up from cold and hot.
    3. Write an honest, open assessment of the Item / Vehicle and list all known defects.
    4. Review market observations with you to set a realistic Auction reserve (if reserve required).
  13. Regularly review comments in the Auction listing and reply to questions posed to you.
  14. Supply any reasonably requested pictures of the Item / Vehicle based on the discussion thread.
  15. Contact the winning bidder to agree the money transfer process, e.g. bank transfer.
  16. Agree a suitable collection date / time for you and the buyer.
  17. Complete the V5 logbook on handover day and send to DVLA.
  18. Be available during the Auction duration at reasonable times to show prospective Bidders / Buyers the vehicle.
  19. If the vehicle is brought into the United Kingdom from another country then you have notified HMRC under the Notification of Vehicle Arrivals service.
  20. Cancellation – if in the unlikely event you, the Seller, request to cancel the auction, i.e. to remove it from being in an active listing status at anytime during the 7 day auction period, then you will be charged 6% of either the starting bid, if not bids have been made, or current bid at the time of removal.  This is to cover our costs of working with you during the auction preparation process, e.g. our time invested to appraise the vehicle, consider its market position and cover any travel and subsistence costs to view the vehicle.  If we believe there has been a breach of this agreement, and liability from the Seller has not been disclosed, then we will investigate and produce evidence to supply directly to the small claims court – more details on this process can be found on the UK Government website.

6.2 As a Seller you agree to NOT commit the following:

  1. Breach any local laws with regard to Item / Vehicle advertised or sold.
  2. Impersonate other people or businesses.
  3. Fail to deliver any Item / Vehicle where the sale has been agreed, unless the buyer cannot meet the terms of sale agreed, or where the buyer’s identity cannot be clearly authenticated.
  4. Advertise any Item / Vehicle, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.
  5. Offer to take potential Bidders / Buyers on a test drive to demonstrate the vehicle. On no account should the you permit the Bidder / Buyer to drive the vehicle as there is no guarantee that you or the Bidders / Buyers insurance will cover this. We do not provide any insurance cover for any test drives nor do we provide any insurance cover for the vehicles. All risk in an Item / Vehicle lies with the Seller until the Item / Vehicle is sold and in which case this transfers to the Buyer. The Seller hereby indemnifies us against any claim, loss, damage, cost or expense that we may suffer or incur as a result of the Seller taking the Bidder / Buyer on a test drive.

6.3 Trade Classics may edit your Vehicle Listing to comply with the provisions within these Terms & Conditions without prior consultation.  In cases of severe breaches of the provisions as contained in these Terms & Conditions your Vehicle Listing may be removed and your Account may be suspended or terminated.  You will be informed of the reasons for any such alterations or removals.

6.4 In order to post an Vehicle Listing, you are required to submit certain personal details and/or business details.  By continuing to use this Website you represent and warrant that:

  1. Any information you submit is accurate and truthful; and
  2. You will keep this information accurate and up-to-date.

7.    Bidder / Buyer Rules

7.1 We will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Vehicle Listings, nor for any errors or omissions in Vehicle Listings.  Use of and reliance upon Vehicle Listings is entirely at your own risk.

7.2 Bidders may bid on any Item / Vehicle at any time during an Auction if they have successfully stored and validated their own credit card and have sufficient credit limit to cover the cost of the Buyer Premium;

7.3 A bid is generally an irrevocable offer made by a Bidder to a Seller to buy the listed Item / Vehicle.

7.4 Bids (including winning bids) may be cancelled or retracted in limited circumstances: these are at the discretion of Trade Classics.

7.5 Bidders are responsible for ensuring that they have sufficient funds available to cover their Bid(s) and Buyer Premium.

7.6 Bidders are required to conduct their own research and due diligence before placing a Bid on an Item / Vehicle.  All vehicles are sold on an “as is” basis.  Any expression of vehicle condition, e.g. bodywork, electrics or mechanics by Trade Classics or the Seller should be validated by the prospective Bidder / Buyer, or via an independent inspection.  No warranties are given or implied whatsoever.  Trade Classics representatives are not qualified vehicle inspectors.  Also, as per Section 6.1 it is the Seller’s responsibility to disclose any outstanding finance or previously recorded accident history to Trade Classics.  All Vehicles are free from finance and previously recorded accident history unless otherwise stated on the Vehicle Listing.  Trade Classics may action their own HPi check, if that is actioned then details will be included on the Vehicle Listing.  If a Buyer later finds out the vehicle does have outstanding finance, or has previously recorded accident history, then it is the responsibility of the Buyer to seek resolution / compensation from the Seller; Trade Classics have no responsibility unless it was stated on the Vehicle Listing the car was free from outstanding finance, or previously recorded accident history and it was not. The Buyer Premium is non-refundable under any circumstance.

7.7 If a Bid is the highest Bid on an Item / Vehicle at the end of an Auction, and is above the Seller’s reserve price, that bid shall be deemed to have been accepted by the Seller, creating a legally binding contract between the Bidder and the Seller under which the Bidder is obliged to purchase the Item / Vehicle at the price of their winning bid and the Seller is obliged to sell the Vehicle for the same.

7.8 All Buyers and Sellers shall be entitled to enforce the provisions of these Terms & Conditions and may pursue independent legal remedies against one another for non-performance of any of their respective obligations hereunder.

7.9 Payment for an Item / Vehicle must be made by the method requested by the Seller within 7 days of the Auction close.

7.10 Sellers shall be under no obligation to release any Vehicle to Buyers until they have received any and all sums due in cleared funds.  Sellers may release an Item / Vehicle prior to receipt of monies due but do so entirely at their own risk.

7.11 Legal title in and to an Item / Vehicle shall transfer to the Buyer only upon receipt of any and all sums due to the Seller, notwithstanding early transfer of possession.

7.12 Buyers may, in limited circumstances, have a legal right to return an Item / Vehicle to a Seller. No refunds will be made to the Buyer by Trade Classics for the Buyer Premium; unless for reasons as contained in Section 11.2.

7.13 You acknowledge that the Consumer Protection (Distance Selling) Regulations 2000 do not apply to the sale of goods by Auction and thus do not apply to this Website or any transactions completed through it.

7.14 Bidders agree to pay the Buyer Premium should their bid win the Auction. This fee will be displayed at the time of bidding (labelled Trade Classics Fee) and confirming a bid enters the bidder into this legal agreement.  We automatically charge the Buyer Premium to the stored payment card at the end of the Auction.  If this fails for whatever reason then the Buyer must manually pay the outstanding Buyer Premium by bank transfer to us within 24hrs of the Auction close.  Bank details will be supplied.

7.15 Buyers must not fail to pay for any Item / Vehicle purchased, whether sold at a fixed price or Auction. This excludes where the Seller materially alters the terms of the sale after a Bidder has Bid or agreed to purchase.

7.16 Buyers must not seek to avoid the payment of any Auction fees owed to us or manipulate the fee structure or fee payment process in any way.

7.17 If either we do not receive the Buyer Premium within 24hrs of the Auction close then we may instruct a debt collection agency, or law firm to collect the amount owing plus any interest and/or late payment charges. In such circumstances you will also be liable to cover the costs of this collection method i.e. debt collection, solicitor or court fees, our instructed party will add this sum to your outstanding debt on our behalf.

7.18 Failure to pay any amount owed on time will result in late payment charges which shall be calculated in accordance with The Late Payment of Commercial Debts (Interest) Act 1998 (as amended) from the date the payment was originally due until the date of actual payment.

7.19 We reserve the right to charge an administration fee for any late payment notices which we send to you in the event of your late payment.

7.20 The Seller also reserves the right to sell the Item / Vehicle to another party in the case of late payment and for us to recover from you the Buyer Premium. In the case of resale you shall be liable to pay the difference between the sales proceeds and the eventual sale price including the costs of the resale.  Any surplus proceeds shall be for the account of the Seller.

8. Sales Outside of Auction

8.1 Pre-Auction Period – Negotiated Sale (by this we refer to the time before the auction listing becomes live  – generally a 7 day period) – a Trade Classics representative will broker any potential sale, and if successful then 6% inc VAT of the agreed purchase price is due to be paid to Trade Classics by the Buyer; this must be paid in advance and received by Trade Classics no later than 48hrs after the Buyer completes the transaction with the Seller.  An interested Buyer must first speak to a representative of Trade Classics before registering an account on Trade Classics, store a valid credit card and then authorise the £0.50 check.  This is a fraud prevention measure to verify the legitimacy of the Buyer before passing contact details to the Seller.  A copy of the signed sales receipt by both the Seller and Buyer must be sent electronically or posted to Trade Classics business address giving details of the vehicle (make / model / registration / VIN), the Buyer’s and Seller’s contact names and full addresses and the sale price – this is required to check the 6% fee paid is correct.  It is important to note that Trade Classics acts an intermediary to the sale and offers no warranty and has no liability to either the Buyer, the Seller or any agreements / contractuals between parties, e.g. the car is ‘Sold as Seen’, the contract is between the Seller and Buyer and it is the Seller’s responsibility to ensure they are paid the negotiated price for the vehicle by the Buyer. Sales of this nature, i.e. outside of auction are covered by the full Terms and Conditions laid out herein.

8.2 During Auction Period (by this we refer to the time from when a listing becomes live until the auction subsequently closes – generally a 7 day period) – under no circumstances should private sales be requested or offered by any party during the auction period.  We take reasonable steps to monitor this process including but not limited to the communications sent between buyers and sellers via our auction service.

8.3 Post Auction Close – Negotiated Sale (by this we refer to the period after the item sale is finalised) – under no circumstances should private sales be requested by registered Users of our service (Accounts active at anytime during the auction period) or their immediate families, networks and affiliates to any Seller directly against a vehicle that was not sold due to not making the reserve price set.   This clause is effective for 8 weeks after the auction end date.  We take reasonable steps to monitor this process including but not limited to the communications sent between Buyers and Sellers via our service.  An interested Buyer must first speak to a representative of Trade Classics before registering an account on Trade Classics, store a valid credit card and then authorise the £0.50 check.  This is a fraud prevention measure to verify the legitimacy of the Buyer before passing contact details to the Seller.  A Trade Classics representative will then broker any potential sale and if successful then 6% of the agreed purchase price is due to be paid to Trade Classics by the Buyer; this must be paid within 48hrs of the Buyer completing the transaction with the Seller.  A copy of the signed sales receipt by both the Seller and Buyer must be sent electronically or posted to Trade Classics business address giving details of the vehicle (make / model / registration / VIN), the Buyer’s and Seller’s contact names and full addresses and the sale price – this is required to check the 6% fee paid is correct.  It is important to note that Trade Classics acts an intermediary to the sale and offers no warranty and has no liability to either the Buyer, the Seller or any agreements / contractuals between parties, e.g. the car is ‘Sold as Seen’, the contract is between the Seller and Buyer and it is the Seller’s responsibility to ensure they are paid the negotiated price for the vehicle by the Buyer. Sales of this nature, i.e. outside of auction are covered by the full Terms and Conditions laid out herein.

8.4 Breach of Agreement – if we ascertain reasonable evidence that a breach to Section 8.1Section 8.2 or Section 8.3 above then the SELLER  will be charged 6% of the agreed reserve price or of the final bid, whichever is the greater sum. This is to cover our costs of consigning the vehicle during the sale preparation process, which includes but is not limited to our time invested to appraise the vehicle, consider its market position, cover any travel and subsistence costs to view the vehicle and incurred marketing costs.  If we believe there has been a breach of this agreement, and liability from the Seller has not been disclosed, then we will investigate and produce evidence for legal proceedings, for example to supply directly to the small claims court; more details on this process can be found on the UK Government website.

9. Content Ownership

9.1 As a Seller or User you retain all ownership rights to content provided by you.

9.2 Any Seller, User, Bidder or Buyer submitting, posting or displaying your content on the website you agree to grant a non-exclusive royalty-free licence to us to use, modify, publicly perform, publicly display, reproduce and distribute such content on the website. This allows us to place your content on the website and let all users, whether registered or not to view your content. It also allows us to compress or alter the size of any files you may post to ensure that they can be readily displayed for other users.

9.3 This licence is also royalty-free, which means that the content is provided free of charge to us and we will not pay for the content or account for any advertising revenue generated on the website or on any specific content pages.

9.4 This licence also applies worldwide because the website can be accessed from anywhere in the world, at any time.

9.5 Also as part of the licence you warrant that any content provided by you does not belong to a third party whose rights have been violated by the content being posted on to the website. Furthermore if any content is owned by a third party you agree to pay all royalties and damages owed to that party, without seeking any contribution from us.

9.6 Images and videos taken by a Trade Classics representative of the vehicle can be used for any publication or advertising purposes and remains the property of Trade Classics.  They are subject to royalty-free worldwide licence.

10. Copyrighted Material

10.1 We do not condone or encourage in any way the posting of copyrighted or proprietary content or information by any users who are not the legal owners of such content.

10.2 Where notified of such breaches by the owner of such content we will remove the content from the website as soon as practical. But only where we can reasonably ascertain the true owner of such content.

10.3 If as the owner of such content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.

11. Content Monitoring

11.1 Users can freely add content to the website. We do not monitor or assume any responsibility for content posted to the website. If at any time we decide to monitor the website on any occasion it does not mean that we assume any future responsibility for monitoring the website, removing any content or the conduct of any users.

12. Fees and Commissions

12.1 Buyer Premium (Trade Classics Fee) fee structure is a follows:

  1. 6% of the current bid will be authorised against the Bidder’s stored payment card. This ring fences the money whilst the bidder remains the highest bidder to a maximum of 7 days.
  2. The authorisation is released if the Bidder is outbid, or when a Bidder wins an Auction, i.e. transfers to Buyer status.  The request made by Trade Classics to Stripe to release this authorisation is immediate, however, the Bidder’s bank may take extra time to release the authorisation.  Bidders are advised to check with their bank on their individual authorisation release policy terms.
  3. 6% of the final winning bid is charged against the stored credit card to the winning Buyer.
  4. VAT is charged at the current rate and included in the Buyer Premium total – if a Buyer is eligible to reclaim this VAT then they must work it out manually from the total Buyer Premium.

12.2 On Auction sales the 6% Buyer Premium fee must be paid in GBP Sterling (£) and is non-refundable.  The only exception to this policy is if the vehicle is subject to an act-of-god event, i.e. suffers damage caused by an unavoidable incident e.g. flood / tree damage / fire etc.  Or the Item / Vehicle suffers a road traffic accident after the Auction closes and before the Buyer transfers the full monies due and collects the vehicle.  In both of these exceptional circumstances the full 6% Buyer Premium will be refunded to the Buyer and contract cancelled.  Proof of these events will be required from the Seller together with supporting photographs and a Police reference number.

12.3 On Pre-Auction or Post Auction sales (Section 8.1), i.e. negotiated sales by a Trade Classics representative then the 6% Buyer Premium fee must be paid in GBP Sterling (£), however it is refundable if either the Buyer or the Seller decides to not continue with the sale. Trade Classics will require written communication from both the Seller and Buyer confirming the sale is cancelled.  Once confirmation has been received then Trade Classics will refund the Buyer’s Premium within 48hrs.  Sales of this nature, i.e. outside of auction are covered by the full Terms and Conditions laid out herein.

12.4 Seller’s fee structure is a follows:

  1. There is no fee or commission charged to seller.

12.5 You are responsible for paying all such fees. Failure to pay fees due may mean that we seek to collect fees owed by other means, including (but not limited to) invoicing, use of collection agencies and legal action where we deem it appropriate.

12.6 We reserve the right to change both fees and fee structures on giving you 30 days notice of any such change.

13. Tax

13.1 You are responsible for paying all taxes incurred from using this website and generating profits from such use.

13.2 We will cooperate fully when requested with all government agencies and bodies responsible for assessing and collecting such taxes.

13.3 The Trade Classics Fee (Buyer Premium) is inclusive of 20% VAT.

14. Suspension Termination or Downgrading

14.1 We may suspend or terminate your user account including all content and materials associated with it at any time where these Terms & Conditions have been breached. Such suspension or termination can be with or without notice. As a user you can choose to suspend or terminate your account at any time and are free to remove any content you have created on termination.

14.2 It is our sole decision whether to suspend or terminate any user account. In the case of suspension it is also our sole decision was to when (or if) a suspended account will be reactivated.

14.3 Various clauses within these Terms & Conditions are designed to survive and continue after suspension or termination.

14.4 Where we operate a voting, points or any other form of reputation system we can at our sole discretion and with or without notice remove votes, points or otherwise downgrade your reputation where these Terms & Conditions or any other rules we operate on the Website from time to time have been breached.

15. Access

15.1 We take all reasonable steps to ensure that the Website is available and functioning fully at all times. However, in the event the Website is unavailable or functioning incorrectly either wholly or partly we shall offer (where possible) the opportunity of repeat performance of the service we should have offered to you in the first place – this may include re-running Auctions or re-opening bidding where appropriate and practical. Where this is not possible we will offer full or part-refunds subject to clause 15.2 below.

15.2 Refunds will not be offered where a third-party provider who supplies a service to you, rather than us causes the issue.

15.3 The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

15.4 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

15.5    We reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available.  These Terms & Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

16. Disclaimer

16.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.

16.2 Save for the screening and approval of Vehicle Listings, we have neither control over, nor involvement in, any vehicles or services advertised on the Website and accepts no responsibility for any actions taken, or any vehicles or services provided, by any Sellers.  Specifically, you acknowledge that:

  1. We do not own any vehicles that are being sold on the Website unless otherwise stated;
  2. We are not an agent for any Seller;
  3. We have no involvement in the sale or delivery of any Item / Vehicle;
  4. We are not responsible for ensuring that a transaction between a Bidder and a Seller is completed correctly;
  5. We will not become involved in any dispute between a Bidder and Seller unless such dispute involves a breach of these Terms & Conditions.

16.3 Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, we make no warranty or representation that this is the case.  We make no guarantee of any specific results from the use of our services.

16.4 No part of this Website is intended to constitute advice and the content of this Website should not be relied upon when making any decisions or taking any action of any kind.

16.5 We make no representation or warranty that any part of this Website is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.

16.6 Whilst every effort has been made to ensure that all descriptions of services available from Trade Classics correspond to the actual services available, we are not responsible for any variations from these descriptions.

16.7 Whilst we use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

17. Limitation of Liability

17.1 Nothing in these Terms & Conditions excludes our liability for death, personal injury or fraudulent misrepresentation due to the negligence of us, our employees, officers or third party partners.

17.2 We shall not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profit.

17.3 We do not directly monitor advertisements, listings or transactions; therefore we cannot guarantee the following:

  1. The accuracy of any advertisements or listings.
  2. The ability of the Seller to sell any Item / Vehicle.
  3. The ability of the Buyer to buy any Item / Vehicle.
  4. Whether any transaction will actually be completed.

17.4 In any event our liability and that of our employees, officers and third party partners shall be limited in any 12 month period to the total Website fees incurred by you in relation to the matter subject to the liability or to a payment of £100, whichever is the greater sum.

18. Indemnity

18.1 You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third party arising from your breach of these Terms & Conditions whilst using the website or any other service provided by us.

19. Privacy

At Trade Classics, we want to give you the best possible experience to ensure that you enjoy our Service today, tomorrow, and in the future. Your privacy and the security of your Personal Data is, and will always be, enormously important to us. Below, our aim is to transparently explain how and why we gather, store, share and use your Personal Data – as well as outline the controls and choices you have around when and how you choose to share your Personal Data.

19.1 About this Policy

This Policy sets out the essential details relating to your Personal Data relationship with Trade Classics. The Policy applies to all Services and any associated Services that Trade Classics provides. From time to time, we may develop new or offer additional Services. If the introduction of these new or additional Services results in any change to the way we collect or process your Personal Data we will provide you with more information and additional terms or Policies. Unless stated otherwise when we introduce these new or additional Services, they will be subject to this Policy.

19.2 Use of our Website

Use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms & Conditions by this reference.

19.3 GDPR – your rights and your preferences – giving you choice and control

You may be aware that a new European Union law, called the General Data Protection Regulation or ‘GDPR’ gives certain rights to individuals in relation to their Personal Data. As available and except as limited under applicable law, the rights afforded to individuals are:

  1. Right of Access – the right to be informed of and request access to the Personal Data we process about you;
  2. Right to Rectification – the right to request that we amend or update your Personal Data where it is inaccurate or incomplete;
  3. Right to Erasure – the right to request that we delete your Personal Data;
  4. Right to Restrict – the right to request that we temporarily or permanently stop processing all or some of your personal data;
  5. Right to Object:
    1. the right, at any time, to object to us processing your Personal Data on grounds relating to your particular situation;
    2. the right to object to your Personal Data being processed for direct marketing purposes;
  6. Right to Data Portability – the right to request a copy of your Personal Data in electronic format and the right to transmit that Personal Data for use in another party’s service; and
  7. Right Not to be Subject to Automated Decision-Making – the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.

In order to enable you to exercise these rights with ease and to record your preferences in relation to how Trade Classics uses your Personal Data, you can contact us at dataprivacy@tradeclassics.com

If you are receiving communications and / or notifications from us via email or via your web browser or any other digital process, then you can easily manage your access to this information by using the respective unsubscribe mechanism that is readily available with each communication.

19.4 General Use of Personal Information

We use information submitted to provide you with further information about the products / Services we offer or to assist you in answering any questions or queries you may have submitted. This includes using your Personal Data to subscribe you to our weekly Buyer Notification email  but only if this was made clear to you and your express permission was granted when submitting any form to email process.

19.5 How do we collect your Personal Data?

We use different methods to collect data from and about you, and these have been detailed below.

Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms, or by corresponding with us by phone, in person, email or through Live Chat or any Social Media or digital channel.

This includes Personal Data you provide when you:

  1. Sign up to receive our weekly Buyer Notification;
  2. Make Valuation enquiries or request for a car to be submitted for Auction;
  3. Create an Account on our Website;
  4. Bid on a Vehicle for sale on our Website;
  5. Ask for marketing to be sent to you;
  6. Engage with us on Social Media;
  7. Enter a competition, promotion or survey;
  8. Contact customer services; or
  9. Leave comments on the Vehicles listed on our Website;

As you interact with us via the Trade Classics Website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We may also collect Tracking Data when you use our Website, or when you click on one of our adverts (including those shown on third party websites).

We may receive Personal Data about you from various types of third parties, including:

  1. Technical Data and/or Tracking Data from analytics providers, advertising networks and search information providers;
  2. Contact, Financial and Transaction Data from providers of payment and fraud prevention services;
  3. Identity Data and Contact Data from data partners; and
  4. Data from any third parties who are permitted by law or have your permission to share your Personal Data with us, such as via Social Media or review sites. We will only use your personal data when the law allows us to.

19.6 What Personal Data do we collect from you?

  1. Personal Data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the Identity has been removed (anonymous data).
  2. Identity Data includes title, first name, last name, username or similar identifier and an encrypted version of your login/password. If you interact with us through Social Media, this may include your Social Media user name.
  3. Contact Data includes addresses, email addresses and telephone numbers.
  4. Financial Data includes payment card details.
  5. Transaction Data includes details about payments to and from you and other details of products and Services you have Purchased from us.
  6. Profile Data includes your username and password, Purchases made by you, preferences, feedback and survey responses, as well as any profile data which we have added (for example, using analytics and profiling).
  7. Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our Website.
  8. Usage Data includes information about how you use our Website.
  9. Tracking Data includes information we or others collect about you from cookies and similar tracking technologies, such as web beacons, pixels, and mobile identifiers.
  10. Marketing and Communications Data includes your preferences in receiving direct marketing from us, i.e. your communication preferences.
  11. We do not collect any special categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

19.7 What do we use your Personal Data for?

We use your Personal Data for a variety of reasons, as listed below;

  1. Register you on our Buyers Network;
  2. Process Purchases on your behalf;
  3. To carry out our obligations arising from any contracts entered into by you and us;
  4. Dealing with entries into a competition;
  5. Seek your views or comments on the Services we provide;
  6. Notify you of changes to our Services;
  7. Send you communications which you have requested and that may be of interest to you. These include our weekly Buyer Notification and other related marketing communication of interest;

We review our retention periods for personal information on a regular basis. We are legally required to hold some types of information to fulfil our statutory obligations (for example for the purposes of financial records). We will hold your Personal Information on our systems for as long as is necessary for the relevant activity, or as long as is set out in any relevant contract you hold with us.

19.8 Sharing your Personal Data

We will not sell or rent your information to third parties.

We may share your Personal Data with the parties set out below for the purposes set out in this Privacy Policy. We may also share your Personal Data if the law otherwise allows it.

We may share Personal Data with the following categories of third parties:

  1. Suppliers and service providers (such as technology service providers, payment processing and fraud prevention providers, manufacturers and post and courier services);
  2. Auditors and professional advisers like bankers, lawyers, accountants and insurers; and
  3. Government, regulators and law enforcement.

We share Personal Data with the following specific third parties:

  1. Google
  2. Livechat
  3. Facebook
  4. HotJar
  5. WordPress
  6. Stripe

We also share data with third parties connected to advertising, retargeting and analytics.

We require all third parties to respect the security of your Personal Data and to treat it in accordance with the law. We do not allow our third-party service providers to use your Personal Data for their own purposes and only permit them to process your Personal Data for specified purposes and in accordance with our instructions.

19.9 Data retention and deletion

We will only keep your Personal Data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they stop being customers for tax purposes.

19.10 Transfer to other countries
As part of the Services offered to you through this Website, the information which you provide to us may be transferred to countries outside the European Union (“EU”). By way of example, this may happen if any of our servers are from time to time located in a country outside of the EU. These countries may not have similar data protection laws to the UK. By submitting your Personal Data, you’re agreeing to this transfer, storing or processing. If we transfer your information outside of the EU in this way, we will take steps to ensure that appropriate security measures are taken with the aim of ensuring that your privacy rights continue to be protected as outlined in this Policy.

If you use our Services while you are outside the EU, your information may be transferred outside the EU in order to provide you with those services.

19.11 Links
Our website may contain links to other websites run by other organisations. This Privacy Policy applies only to our Website‚ so we encourage you to read the privacy statements on the other websites you visit. We cannot be responsible for the privacy Policies and practices of other sites even if you access them using links from our Website.

In addition, if you linked to our Website from a third party site, we cannot be responsible for the Privacy Policies and practices of the owners and operators of that third party site and recommend that you check the policy of that third party site.

19.12 Keeping your Personal Data safe
We have put in place appropriate security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your Personal Data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your Personal Data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

19.13 Children
We are concerned to protect the privacy of children aged 16 or under. If you are aged 16 or under‚ please get your parent/guardian’s permission beforehand whenever you provide us with personal information.

19.14 Contacting our Website

Users contacting this Website and/or its owners do so at their own discretion and provide any such Personal Data requested at their own risk. Your Personal Information is kept private and stored securely until a time it is no longer required or has no use, as detailed in the Data Protection Act 1998.

19.15 Weekly Buyer Notification communication

We operate a weekly Buyer Notification email communication, this is a key part of our Service and used to inform our subscribers about Auctions and Services supplied by us. Users subscribe when creating and Account through our online automated process. Users can also subscribe to the Buyer Notification without having an Account and they can request it by directly contacting us by email, telephone or face-to-face, or by completing the sign-up prompts on our Website.  Some subscriptions may be manually processed through prior written agreement with the User.

Subscriptions are taken in compliance with UK Spam Laws detailed in the Privacy and Electronic Communications Regulations 2003. All personal Data relating to subscriptions are held securely and in accordance with the Data Protection Act 1998. No Personal Data is passed on to third parties (except our email service provider currently Mailchimp) nor shared with companies / people outside of the company that operates this Website. Under the Data Protection Act 1998 you may request a copy of Personal Information held about you. A small fee will be payable. If you would like a copy of the information held on you please write to the business address at the bottom of this Policy.

Our Buyer Notification email campaign may contain tracking facilities within the actual email. Subscriber activity is tracked and stored in a database for future analysis and evaluation. Such tracked activity may include; the opening of emails, forwarding of emails, the clicking of links within the email content, times, dates and frequency of activity [this is by no far a comprehensive list].  This information is used to refine future email campaigns and supply the user with more relevant content based around their activity.

In compliance with UK Spam Laws and the Privacy and Electronic Communications Regulations 2003 Buyer Notification subscribers are given the opportunity to un-subscribe at any time through an automated system. This process is detailed at the footer of each email campaign. If an automated un-subscription system is unavailable clear instructions on how to un-subscribe will by detailed instead.

19.16 Advertising on our Website

We may contain sponsored links and adverts. These will typically be served through our advertising partners, to whom may have detailed privacy Policies relating directly to the adverts they serve.  Clicking on any such adverts will send you to the advertisers website through a referral program which may use cookies and will track the number of referrals sent from this website. This may include the use of cookies which may in turn be saved on your computers hard drive. Users should therefore note they click on sponsored external links at their own risk and this website and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned.

19.17 Social Media

Users are advised to use Social Media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and Personal Data. We will never ask for personal or sensitive information through Social Media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.

19.18 Social Sharing

We may use social sharing buttons which help share web content directly from web pages to the Social Media platform in question. Users are advised before using such social sharing buttons that they do so at their own discretion and note that the social media platform may track and save your request to share a web page respectively through your social media platform account.

Our Social Media platform accounts may share web links to relevant web pages. By default some Social Media platforms shorten lengthy URLs [web addresses] (this is an example: http://bit.ly/zyVUBo).  Users are advised to take caution and good judgement before clicking any shortened URLs published on Social Media platforms by this Website and its owners. Despite the best efforts to ensure only genuine URLs are published many Social Media platforms are prone to spam and hacking and therefore this Website and its owners cannot be held liable for any damages or implications caused by visiting any shortened links.

19.19 Buyer Network

You may seek approval, or if we think it is relevant to you, we may ask if you want to be added to our Buyer Network.  This is a list of individuals or companies that have given us written or verbal consent to be contacted via their Contact Data when a Vehicle matching their preference is consigned by us, in order to offer the Vehicle for a Negotiated Sale.

19.20 Changes to this Privacy Policy

We may make changes to this policy from time to time, and in accordance to the latest guidance from the ICO around GDPR. Our current Privacy Policy was updated on the 24th May 2018.

20. No Agency

20.1 Nothing in this agreement is intended to or implies any agency, partnership, joint venture, employee/employer relationship or any other similar relationship.

21. Severability

21.1 The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.

22. Waiver

22.2 Failure by us to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.

23. Entire Terms & Conditions

23.1 These Terms & Conditions set out the entire agreement and understanding between you and us. We reserve the right to change these Terms & Conditions at any time, on giving reasonable prior notice to you.

24. The Consumer Rights Act 2015

24.1 These Terms & Conditions are specifically written in accordance with the Consumer Rights Act 2015. Should these Terms & Conditions conflict with the Act, the Consumer Rights Act 2015 shall prevail and apply.

25. Jurisdiction

25.1 These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts. Your statutory rights are unaffected.

26. Communications

26.1 All notices / communications shall be given to us either by post to our Premises or email. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

26.2 We may from time to time send you information about our products and/or services.  You will be given the option to unsubscribe.

27. Dispute Resolution

27.1 Any and all disputes between Bidders, Buyers and Sellers must be notified to us as soon as possible using the contact details set out below in these Terms & Conditions.

27.2 The initial communication must set out the nature of the dispute in as much detail as is reasonably possible.

27.3 We will use reasonable endeavours to resolve any and all disputes within 7 days.  In the event that a dispute is not resolved within that time, either party to the dispute or we may request a meeting of all parties concerned in order to resolve the dispute.

27.4 Where any dispute continues unresolved the parties to the dispute are free to use any lawful methods they deem appropriate in order to reach a resolution including, but not limited to, seeking independent legal advice.

28. Article Publication Liability

28.1 From time to time we publish informative articles on the Site and take great care to make sure any statements are factually correct at the time of publication, however this can’t be guaranteed.  Any statements, views or advice expressed in the articles are not the direct opinion of Trade Classics.  Trade Classics is not liable for any outcome whatsoever from a User following such advice and Users are strongly advised to seek independent advice, or contact the relevant authorities directly.  In summary, Trade Classics and its editorial team are not liable for any action taken by a User based on the publication of any Content published on the Site.

29. Vehicle History and Outstanding Finance

29.1 General – it is the Seller’s responsibility to disclose to us, for inclusion in the auction listing, any known history items including and not limited to; outstanding finance and stolen / accident recorded history.  Failure to disclose this information will result in non-acceptance of Vehicle consignment, or removal of Vehicle consignment if a later check is actioned by a Bidder / Buyer and successfully validated by us.  In the latter case, i.e. the Auction is active and removed, then the Seller will be charged 6% of the agreed reserve price or of the final bid, whichever is the greater sum. This is to cover our costs of consigning the vehicle during the auction preparation process, which includes but is not limited to our time invested to appraise the vehicle, consider its market position, cover any travel and subsistence costs to view the vehicle and incurred marketing costs.

29.2 Outstanding Finance – it is illegal to advertise a Vehicle for Auction without disclosing any outstanding finance agreement or loan assigned.  If in the event the Vehicle is consigned with outstanding finance assigned, then this will be clearly mentioned in the Vehicle Listing.  It is the Buyer’s and Seller’s responsibility to manage the completion of the transaction in line with English law, for example, the Seller must inform the finance company of notice to sell the Vehicle, request a settlement figure from the finance company and subsequently settle all outstanding finance before accepting any monies from the Buyer.

29.3 Seller Compliance – it is the Seller’s responsibility to settle all outstanding finance on the Vehicle before the Buyer transfers any funds, partial or full, against the final winning bid value.  If the Seller defaults on this obligation, i.e. all outstanding finance is not cleared within 7 days of the auction close, then the Buyer has the right to cancel the contract and is not bound to complete the transaction.  Trade Classics will, in this case, refund the Buyer the Trade Classics Fee in full within 7 days of notice.  The Seller will be charged 6% of the agreed reserve price or of the final bid, whichever is the greater sum. This is to cover our costs of consigning the vehicle during the auction preparation process, which includes but is not limited to our time invested to appraise the vehicle, consider its market position, cover any travel and subsistence costs to view the vehicle and incurred marketing costs.

COOKIE POLICY

Last updated 21-08-2017

1. Cookies

1. 1 Cookies are very small text files that are stored on your computer when you visit some websites.  We use cookies to help identify your computer so we can tailor your user experience, track shopping basket contents and remember where you are in the order process.  You can disable any cookies already stored on your computer, but these may stop our website from functioning properly.

If you would like to restrict the use of cookies you can control this in your Internet browser. Links to advice on how to do this for the most popular Internet browsers are provided below for convenience and will be available for the Internet browser of your choice either online or via the software help (normally available via key F1).

1.2 The following is strictly necessary in the operation of our website -this Website will:

1.3 The following are not strictly necessary, but are required to provide you with the best user experience and also to tell us which pages you find most interesting (anonymously) – we will:

We will also allow you to:

1.4 Google Analytics – in order to provide website visitors with more choice on how data is collected by Google Analytics, Google has developed the Google Analytics Opt-out Browser Add-on. The add-on communicates with the Google Analytics JavaScript (ga.js) to stop data being sent to Google Analytics. The Google Analytics Opt-out Browser Add-on does not affect usage of the website in any other way. A link to further information on the Google Analytics Opt-out Browser Add-on is provided below for your convenience.

http://tools.google.com/dlpage/gaoptout?hl=None

For more information on the usage of cookies by Google Analytics please see the Google website. A link to the privacy advice for this product is provided below for your convenience.

http://www.google.com/analytics/learn/privacy.html

1.5 We will not share any personal information with third parties.

 

FURTHER READING

 

CONTACT DETAILS

Our contact details are as follows:

Purrico Ltd, T/A Trade Classics, 35 Clarendon Sq, Leamington Spa, ENGLAND CV32 5QY

Company registration number: 08482433

VAT registration number: 175 052 026

version.1.5 – 14th June 2018 – Purrico Ltd, T/A Trade Classics, 35 Clarendon Sq, Leamington Spa, ENGLAND CV32 5QY