Last updated 13-05-2020
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 / Private Seller / Trade Seller).
2.4 Any reference to “us” refers to Trade Classics Limited, 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, Private Seller / Trade 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 Private Seller / Trade Seller you agree to the following:
6.2 As a Private Seller / Trade 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:
6.5 If you decide to not take part in the ‘Meet the Owner’ or ‘On the Road’ video on the day of consignment, then the consignment will cease at the point and you will be liable for any costs incurred, i.e. the Consigner’s time charged at £25 p/h for all travel time (to and from the location) and time spent at the location. This will be invoiced to you by Trade Classics Limited and payment is due within 14 days.
6.6 It is your responsibility to make sure there is no personally identifiable information in the vicinity of where the consignment visit will take place, e.g. road signs / house name or number or anything else that will identify your address. If there are signs or any other medium that will compromise your personal information / location then it is your responsibility to make sure they are removed or covered up during the containment visit. We cover the consigned vehicle’s registration number with our own logo plates to protect the identity of the consigned vehicle only, i.e. so it can’t be copied and used fraudulently on a similar vehicle. We do not cover any other number plates for other cars you may own that could be captured in the background of the images / videos – this is your responsibility to either move the vehicles or cover up the number plates if you wish to do so.
6.7 Adjusted Commission Sales – we work with you, the Private Seller / Trade Seller, to agree and set a realistic Reserve value in line with market pricing – we don’t take on vehicles with unrealistic pricing. If however, an auction is close to meeting the Reserve then we may, at our discretion and in the interest of a successful sale, reduce the Reserve price lower than that agreed with you. However, the adjustment will take into account the amount of commission due to make sure you get at least the agreed reserve back. For example, if the original reserve is say £10,000 and we reduce it to £9,800, then £200 of our Buyer’s Premium will be paid to you, the Private Seller / Trade Seller, to make up the deficit against the agreed reserve. This will bring you back to receiving the same minimum amount that was agreed during the Valuation process.
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 Private Seller / Trade 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 and Buyers are required to conduct their own research and due diligence before placing a Bid on an Item / Vehicle or purchasing a Vehicle. All vehicles, no matter what the sale type, are sold on an “as is” basis. Any description or expression of manufacturers, models, variants, special editions, authenticity and vehicle condition, e.g. bodywork, electrics or mechanics by Trade Classics or the Private Seller / Trade 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 When a Bidder places a Bid on a Vehicle at Auction that is the highest Bid at the end of an Auction, and is on or above the Seller’s reserve price, then this Bid shall be deemed to have been accepted by the Seller, known as the Winning Bid and thus creating a legally binding contract between us, the Bidder and the Private Seller or Trade Seller under which the Bidder is obliged to complete on the sale of the Vehicle (within 7 days from the date of Auction close) at the price of their Winning Bid and pay the associated Buyer Premium to us (within 24hrs of the Auction close) – the Private Seller / Trade 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 Private Seller / Trade Seller within 7 days of the Auction close.
7.10 Sellers / Trade Sellers shall be under no obligation to release any Vehicle to Buyers until they have received any and all sums due in cleared funds. Private Sellers / Trade 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 Private Seller / Trade Seller, notwithstanding early transfer of possession.
7.12 Buyers may, in limited circumstances, have a legal right to return an Item / Vehicle to a Private Seller / Trade 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 Distance Selling – 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. This is because as a Buyer / Bidder you have the opportunity to visit the Vehicle prior to purchase giving reasonable notice to do so, and completing the necessary ID checks, i.e. proof-of-ID. Also, we aim to give Bidders / Buyers as much information about the Vehicle as we can, e.g. via a significant number or images and / or video footage. Our processes allows Bidders / Buyers to make an informed decision on the Vehicle before deciding to place a Bid and subsequently win the car at Auction – https://www.citizensadvice.org.uk/consumer/
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 Private Seller / Trade 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 Unless otherwise agreed, if we do not receive the Buyer Premium within 24hrs of the Auction close from the Bidder that placed the Winning Bid on a Vehicle then this is considered a breach of contract. The Private Seller / Trade Seller is released from the contract meaning they are free to either keep the Vehicle, or sell it to another party – and they not obligated to sell it to the Bidder that placed the Winning Bid. However, the Bidder that placed the Winning Bid on the Vehicle is still liable for the Buyer Premium and has 14 days to pay the monies owed to us. If settlement of the debt is not received within 14 days 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 the Bidder that placed the Winning Bid 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 the 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 Unrestricted Bidding – our auction platform will allow the highest Bidder on any Auction to bid again if they so wish. There is no system checking or Bidder warning placed on this within the bidding process. It is up to the Bidder and their own bidding strategy to decide on how much they want to bid (over and above the £200 minimum increment level), when they want to bid during the Auction live time frame, and if they want to bid again when already the highest Bidder; even when the Reserve met status has been announced (see section 7.22).
7.21 Reserve Announcements – please be aware that we may or may not disclose when the reserve has been met – just like a traditional auction house. If we do disclose when the reserve has been met then this will be shown on the listing, for example, within comments section labelled ‘Ask Owner’. In the event of a highest Bidder that bids again on an auction whereby the Reserve has been met and announced by us, then they are still liable for the latest bid and contractually bound if they subsequently win the Auction sale at that latest and Winning Bid.
7.22 Trade Sales – we, Trade Classics, Auction Vehicles that belong to both Private Sellers and Trade Sellers. Buying from a Trade Seller through Trade Classics is the same as buying through a Private Seller, and notification of the sale type will be clearly visible on the Auction Listing. For Trade Sales, Bidders and Buyers are still required to conduct their own research and due diligence, as outlined in section 7.6 above, before placing a Bid on an Item / Vehicle, or purchasing a Vehicle. All Vehicles, no matter what the sale type, i.e. via Private Sellers or Trade Sellers, are sold on a “sold as seen” basis. As a result there are no warranties given, or implied whatsoever, or any additional cover on the Vehicle provided. As a reminder, the Buyer Premium is non-refundable under any circumstance.
8.1 Pre-Auction Period (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 5% +VAT 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 Private Seller / Trade 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. This is a fraud prevention measure to verify the legitimacy of the Buyer before passing contact details to the Private Seller / Trade Seller. A copy of the signed sales receipt by both the Private Seller / Trade 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 / Trade Seller’s contact names and full addresses and the sale price – this is required to check the 5% +VAT 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 Private Seller / Trade Seller or any agreements / contractuals between parties, e.g. the car is ‘Sold as Seen’, the contract is between the Private Seller / Trade 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 (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 Private Seller / Trade 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, however the Private Seller / Trade Seller is free to sell to any other Buyer that has not been sourced by us but only after the auction has closed. We take reasonable steps to monitor this process including but not limited to the communications sent between Buyers and Sellers / Trade 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. This is a fraud prevention measure to verify the legitimacy of the Buyer before passing contact details to the Private Seller / Trade Seller. A Trade Classics representative will then broker any potential sale and if successful then 5% +VAT 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 Private Seller / Trade Seller. A copy of the signed sales receipt by both the Private Seller / Trade 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 / Trade Seller’s contact names and full addresses and the sale price – this is required to check the 5% +VAT 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 Private Seller / Trade Seller or any agreements / contractuals between parties, e.g. the car is ‘Sold as Seen’, the contract is between the Private Seller / Trade 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 Negotiated Sales (by this we mean the advertised period of time a vehicle is exclusively marketed by us – generally four weeks but is set on a case-by-case basis)– under no circumstances should private sales be requested by registered Users of our service (Accounts active at anytime during the advertised period) or their immediate families, networks and affiliates directly to any Private Seller / Trade Seller. This clause is effective for 8 weeks after the advertised period, however the Private Seller / Trade Seller is free to sell directly to any other Buyer that has not been sourced by, us but only after the advertised period. We take reasonable steps to monitor this process including but not limited to the communications sent between Buyers and Sellers / Trade 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. This is a fraud prevention measure to verify the legitimacy of the Buyer before passing contact details to the Private Seller / Trade Seller. A Trade Classics representative will then broker any potential sale and if successful then 5% +VAT 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 Private Seller / Trade Seller. A copy of the signed sales receipt by both the Private Seller / Trade 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 / Trade Seller’s contact names and full addresses and the sale price – this is required to check the 5% +VAT 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 Private Seller / Trade Seller or any agreements / contractuals between parties, e.g. the car is ‘Sold as Seen’, the contract is between the Private Seller / Trade 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.
8.5 Breach of Agreement – if we ascertain reasonable evidence that a breach to Section 8.1, Section 8.2 or Section 8.3 above then the Private Seller / Trade Seller will be charged 5% +VAT 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 Private Seller / Trade 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 Private Seller / Trade Seller or User you retain all ownership rights to content provided by you.
9.2 Any Private Seller / Trade 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 On Auction sales the 5% +VAT 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 5% +VAT Buyer Premium will be refunded to the Buyer and contract cancelled. Proof of these events will be required from the Private Seller / Trade 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 5% +VAT Buyer Premium fee must be paid in GBP Sterling (£), however it is refundable if either the Buyer or the Private Seller / Trade Seller decides to not continue with the sale. Trade Classics will require written communication from both the Private Seller / Trade 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:
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.
13.1 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 / Trade 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.
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
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:
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 email@example.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:
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:
19.6 What Personal Data do we collect from you?
19.7 What do we use your Personal Data for?
We use your Personal Data for a variety of reasons, as listed below;
By completing a request for a valuation we will also add you to our weekly email update – this is relevant to you as it shows market valuations of vehicles and other information that could be useful for you when considering to sell your vehicle. You can unsubscribe at any time.
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 Personal Data with the following categories of third parties:
We share Personal Data with the following specific third parties for the following purposes:
These cookies allow us to use anonymised data to monitor how visitors use our website so that we can develop our website and improve visitor experience.
These cookies allow certain features of the website to operate, such as live chat, account management and commenting functionality.
These cookies allow third parties to identify what you might find interesting, allowing a more personalised and relevant selection of advertisements when using their services.
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.
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.
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
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.
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 Private Sellers / Trade 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 / Trade 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 Private Seller / Trade Seller will be charged 5% +VAT 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 / Trade Seller’s responsibility to manage the completion of the transaction in line with English law, for example, the Private Seller / Trade 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 Private Seller / Trade Seller Compliance – it is the Private Seller / Trade 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 Private Seller / Trade 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 Private Seller / Trade Seller will be charged 5% +VAT 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.
Due to the exceptional circumstances of the COVID-19 pandemic, it has not been possible to follow our usual Consignment Visit process that takes place at a Seller’s / Trade Seller’s location. However, in line with Government advice and as part of their ‘Road Map’ communicated from the 10th May 2020, we can now offer amended and optional Consignment Visits to our Sellers / Trade Sellers that will be actioned by our independent freelance Consigners.
The aim of this section is to ensure that the operation of Consignment Visits during COVID-19 reflects the unprecedented nature of the pandemic, and protects all parties by being clear on their individual responsibilities and liabilities together with links to Government websites where guidance / associated laws are published and must be adhered to.
Importantly, if a Private Seller / Trade Seller or Consigner has shown any symptoms of COVID-19 and / or any person at their home address where they are living, then it is their responsibility to ‘self isolate’ within published Government guidelines and they must not agree to / or take part in any Consignment Visit when they should be in isolation. For total clarity, Sellers / Trade Sellers and Consigners must not agree to / or take part in any Consignment Visit if Government guidelines state they should be in ‘self isolation’ due to either showing signs of COVID-19 symptoms within the prescribed number of days, or be on an ‘at risk’ group, or suffer from any relevant underlying health conditions, or for any other reasons as stated within the Government guidelines.
30.1 Consignment Visit Process
The following summary is temporary guidance for use within the Consignment Visit, and it will be regularly reviewed during the COVID-19 emergency period and updated here.
Our own guidance measures above remain in place until such time as the World Health Organisation and / or the UK Government declares the pandemic over, or publishes supplementary information that is deemed relevant. If the UK Government and / or any other regulatory authority, and / or any country within the UK where the Consignment Visit is actioned subsequently publishes additional guidance / laws on COVID-19, then it is the responsibility of the Consigner and the Private Seller / Trade Seller to act in accordance with this guidance and / or laws published therein.
30.2 Liability Acceptance – Private Seller / Trade Seller
By a Private Seller / Trade Seller accepting their vehicle into the Consignment Visit process they agree to abide by the terms laid out here, and ensure they act within all guidance published by the UK Government and any additional laws specific to their own country or any other country where the Consignment Visit is actioned. It is up to the Private Seller / Trade Seller to ensure they keep up-to-date on COVID-19 guidance and associated laws by any means suited to them, for example, via the Government’s own website https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19.
30.3 Liability Acceptance – Consigner
By a Consigner accepting to action a Consignment Visit they agree to abide by the terms laid out here, and ensure they act within all guidance published by the UK Government and any additional laws specific to their own country or any other country where the Consignment Visit is actioned. It is up to the Consigner to ensure they keep up-to-date on COVID-19 guidance and associated laws by any means suited to them, for example, via the Government’s own website https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19. Also, as part of the Independent Contractor Contract, it remains the responsibility of the Consigner to ensure they have the relevant business insurance for carrying out their work duties as part of the Consignment Visit and the travel to and from.
30.4 Liability Acceptance – Trade Classics
The measures published in the Consignment Visit Process section above are purely for guidance purposes as all liability is with the Consigner and Private Seller / Trade Seller as laid out within these terms and conditions to ensure they operate within all guidance published by the UK Government and / or any other regulatory authority, and / or any country within the UK where the Consignment Visit is actioned.
The Private Seller / Trade Seller and Consigner agree to a Consignment Visit at their own risk, i.e. Trade Classics has no liability to either party should any injury or death occur from any act deemed to have taken place during a Consignment Visit or the travel to and from.
Last updated 20-01-2020
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Our contact details are as follows:
Trade Classics Limited, 35 Clarendon Sq, Leamington Spa, ENGLAND CV32 5QY
Company registration number: 11493868
VAT registration number: 302 5584 26
Version.1.10 – 11th May 2020 – Trade Classics Limited, 35 Clarendon Sq, Leamington Spa, ENGLAND CV32 5QY