Last updated 10-10-2017
In this agreement the following terms shall have the following meanings:
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.
3.1 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.
4.1 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.
5.1 As a User, Seller, Bidder or Buyer you agree not to do any of the following:
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.
6.1 As a Seller you agree to the following:
6.2 As a Seller you agree to NOT commit the following:
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:
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, i.e. 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. The Buyer Premium is non-refundable.
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.
8.1 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.
8.2 Post Auction Close (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 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.
8.3 Breach of Agreement – if we ascertain reasonable evidence that a breach to Section 8.1 or Section 8.2 above then the SELLER will be charged 3% 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. 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.
9.1 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.
10.1 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.
11.1 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.
12.1 Buyer Premium (Trade Classics Fee) fee structure is a follows:
12.2 The 3% 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 3% 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 Seller’s fee structure is a follows:
12.4 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.
12.5 We reserve the right to change both fees and fee structures on giving you 30 days notice of any such change.
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.
14.1 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.
15.1 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.
16.1 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:
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.
17.1 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:
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.
18.1 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.
19.2 Users contacting this website and/or its owners do so at their own discretion and provide any such personal details 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. Every effort has been made to ensure a safe and secure form to email submission process but advise users using such form to email processes that they do so at their own risk.
19.3 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 details to subscribe you to any email newsletter program the website operates but only if this was made clear to you and your express permission was granted when submitting any form to email process. Or whereby you the consumer have previously purchased from or enquired about purchasing from the company a product or service that the email newsletter relates to. This is by no means an entire list of your user rights in regard to receiving email marketing material. Your details are not passed on to any third parties.
19.4 We operate an email newsletter program, used to inform our subscribers about products and services supplied by this website. Users can subscribe through an online automated process should they wish to do so but do so at their own discretion. Some subscriptions may be manually processed through prior written agreement with the user.
19.5 Email newsletter subscriptions are taken in compliance with UK Spam Laws detailed in the Privacy and Electronic Communications Regulations 2003. All personal details relating to subscriptions are held securely and in accordance with the Data Protection Act 1998. No personal details are passed on to third parties 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 by this website’s email newsletter program. 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.
19.6 Email marketing campaigns published by us 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.
19.7 In compliance with UK Spam Laws and the Privacy and Electronic Communications Regulations 2003 email newsletter 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.
19.8 Although this website only looks to include quality, safe and relevant external links, users are advised adopt a policy of caution before clicking any external web links mentioned throughout this website.
19.9 We cannot guarantee or verify the contents of any externally linked website despite our best efforts. Users should therefore note they click on 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.
19.11 Communication, engagement and actions taken through external social media platforms that this website and its owners participate on are custom to the terms and conditions as well as the privacy policies held with each social media platform respectively.
19.12 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 details. We will ever 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.
19.13 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.
19.14 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.
20.1 Nothing in this agreement is intended to or implies any agency, partnership, joint venture, employee/employer relationship or any other similar relationship.
21.1 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.
22.2 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.
23.1 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.
24.1 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.
25.1 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.
26.1 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.
27.1 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.
28.1 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.
29.1 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 3% 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 3% 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.
Last updated 21-08-2017
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:
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.
1.5 We will not share any personal information with third parties.
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: 175052025
v.1.2 September 2017 – Purrico Ltd, T/A Trade Classics, 35 Clarendon Sq, Leamington Spa, ENGLAND CV32 5QY