Terms & Conditions

1. Definitions and Interpretation

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

“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.

“Alerts” 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.

“Auction” means an Auction taking place on the Website.

“Buyer Premium” / “Trade Classics Fee” means the 6% +VAT (Market Auctions) / 6% + VAT (Curated Auctions) fee payable by the Buyer against the winning bid to purchase the Item / Vehicle according to the auction type.

“Bid / Your Bid ” means a value that a Bidder has successfully placed on an Item / Vehicle during an Auction – this may move status to a Winning Bid if conditions are met, e.g. the Auction has ended, the Reserve price has been met and the Bid / Your Bid is the highest Bid.

“Buyer” means a Bidder that places the winning bid on an Item / Vehicle at the end of the Auction.

“Bidder” means a User who holds an Account that places a bid on a Item / Vehicle.

“Bidding” the process undertaken on our Website and within a live Auction whereby a registered Bidder that has successfully a stored credit / debit card on their Account enters a value in the ‘Place Bid’ field and successfully places that bid, i.e. the amount of money they are willing pay plus the Buyer Premium for the Vehicle.

“Buyers Network” a previous term for 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. This has now been replaced by Alerts.

“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.

“Consigner” means a person authorised by Trade Classics to capture digital images, videos and other content of a Vehicle that is being consigned and act within an Independent Contractor Contract with their own Limited Liability insurance.

“Consignment Fee / Photography Fee” is the cost paid by a Seller as a contribution towards the work we carry out when consigning and managing a Vehicle to Auction, on the Sellers behalf.

“Consignment Visit” means the location and time required in order to capture digital images, videos and other content of the Vehicle that is being consigned by a Consigner. This visit is actioned at a Seller’s / Trade Seller’s home, business or any other address defined by the Private Seller / Trade Seller.

“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.

“Contact Data” means ways we can contact you and includes your addresses, email address and telephone numbers.

“Curated Auctions” means auction listings created by Us, i.e. we have visited the vehicle, taken the images / video and written the listing that the Seller has signed-off for publication.

“Financial Data” means data linked to your payment methods and includes card details.

“Item” / “Vehicle” means an Item listed for sale by Auction on the Website by a Private Seller / Trade Seller.

“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.

“Live Chat” means the online Service we offer directly on our Website for you to contact and correspond with a member of Trade Classics.

“Marketing and Communications Data” means the data associated with your preferences in receiving direct marketing from us, i.e. your communication preferences.

“Market Auctions” means auction listings created by Sellers directly via an online wizard.

“Minimum Buyer’s Premium” / “Minimum Trade Classics Fee” means the minimum fee charged when bidding for a lower value vehicle and is shown on the Place Bid screen before placing a bid.

“Maximum Buyer’s Premium” / “Maximum Trade Classics Fee” means the maximum fee charged when bidding for a higher value vehicle and is shown on the Place Bid screen before placing a bid.

“Negotiated Sale” means the process we adopt to seek a sale of a Vehicle prior to, post or instead of offering for Auction.

“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).

“Policy” means a statement of intent, and is implemented as a procedure or protocol.

“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.

“Private Seller” a User that wishes to sell, is selling, or has sold a Vehicle via the Trade Classics service.

“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).

“Purchases” includes any Item or Vehicle or Services you have bought from us either directly, by Auction, Negotiated Sale or by some other means.

“Trade Classics / Us / We” means Trade Classics Limited and providing this Service.

“Reserve” means a monetary value that a Seller has placed on their Item / Vehicle that is the lowest they will accept – this is private and not published on the Vehicle Listing.

“Self Consignment” – is an alternative consignment process allowing a Private Seller / Trade Seller to capture and supply images, videos and other textual content to us themselves for onward editing and publication by us in the Vehicle Listings. The Private Seller / Trade Seller will be provided with a guide that helps them capture and supply the content required by us for the Vehicle Listing.

“Show Event” a UK based vehicle show organised by a 3rd party, e.g. NEC Classic Car Show, London Classic Car Show etc.

“Seller” means a User who holds an Account or agreed to our Service that is selling an Item / Vehicle on the Website or at a Show Event – these are typically Private Sellers or Trade Sellers that either own the Items / Vehicles, or authorised by a 3rd party to sell the Vehicle.

“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.

“Social Media” means third party sites used by you for sharing data and includes but not limited to: Instagram, Twitter, Facebook and Snapchat.

“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.

“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.

“Tracking Data” means information we or others collect about you from cookies and similar tracking technologies, such as web beacons, pixels, and mobile identifiers.

“Trade Seller” is a User, business or organisation that acts as a motor dealer, i.e. their business is that of buying and selling Vehicles.

“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 / Trade Sellers and Buyers.

“Vehicle Listing” means a listing for an Item placed on the Website by a Private Seller / Trade Seller.

“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.

“Usage Data” means the information about how you use our website.

“VIP” this is our premium package that includes collection and one month storage.

“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.

“Winning Bid” this is the latest and most recent bid placed on an Auction that at the time of Auction close, and if the Reserve has been met, contractually binds the Bidder to completing the purchase of the Vehicle within 7 days and other terms laid out below.

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 / 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. 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, Private Seller / Trade Seller, Bidder or Buyer you agree not to do any of the following:

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.

Use or harvest data provided by other users in a way that they would object to.

Use data provided by other users for purposes other than contacting them via the website.

Abuse, harass, threaten, stalk, defame or in anyway seek to violate the rights of another user or third party.

Encourage illegal activity or activity that violates the rights of other users or third parties, whether individuals or organisations.

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.

To pose as another user, third party, organisation or Trade Classics employee for the purposes of obtaining user or third party information.

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.

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.

Reframe or repurpose the website or any content on it or remove or obscure any notices or advertising provided by us on the website.

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.

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 Private Seller / Trade Seller you agree to the following:

You own the Item / Vehicle or have authorisation to sell the Vehicle and can prove ownership / authorisation by sending us proof together with a copy of the V5 logbook.

No other person has any claim to the Item / Vehicle whether legal, equitable, possessory or otherwise.

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.

You can supply a copy of a name / address matching utility bill to the v5 logbook.

You can supply a copy of your photo ID, e.g. driving license or passport that match your name on the v5 logbook.

If you are a Trade Seller then you can prove ownership by trade paperwork validation.

There is no outstanding finance against the car (HPi).

Declaring the status of any previous recorded accident damage.

Take digital photos of the engine and chassis / frame numbers that match the V5 logbook.

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 / Trade Sellers , Bidders, Buyers or Users. More specifically, it is your responsibility to check and approve all statements on the Listing as part of the Listing approval process, including and not limited to a Vehicle’s condition, model type, variant type, special edition type, and whether authentic manufacturer or replica. Trade Classics has no liability for the description of any of the aforementioned.

Item / Vehicle Listings must be made using the English language. Content in any other language may be removed at our sole discretion;

For Curated Auctions whereby we visit and take the media, then you can make yourself available at a mutually agreeable time for an Auction specialist to view the car at the registered address, allowing the specialist to:

Take a minimum of 50 good quality / sharp focus digital photos of all the important areas of the Item / Vehicle, including the underside.

Take a short video of the Item / Vehicle starting up from cold, hot and on the road.

Write an honest, open assessment of the Item / Vehicle and list all known defects.

Review market observations with you to set a realistic Auction reserve (if reserve required).

Regularly review comments in the Auction listing and reply to questions posed to you.

Supply any reasonably requested pictures of the Item / Vehicle based on the discussion thread.

Contact the winning bidder to agree the money transfer process, e.g. bank transfer.

Agree a suitable collection date / time for you and the buyer.

Complete the V5 logbook on handover day and send to DVLA.

Be available during the Auction duration at reasonable times to show prospective Bidders / Buyers the vehicle.

If the vehicle is brought into the United Kingdom from another country then you have notified HMRC under the Notification of Vehicle Arrivals service.

Cancellation – Before Live Auction – once you, a Private Seller / Trade Seller have submitted your car to us, Trade Classics, and we have commenced our engagement with you, including where a Consignment Visit has been booked, commenced or completed (including where a photographer has been dispatched / arrived), or for Market Auctions you have agreed to proceed with our Service, then you cannot withdraw your car without incurring a charge. If you cancel a Consignment Visit more than 24 hours before the scheduled visit date and time, no Consignment Fee will be payable. If you cancel within 24 hours of the scheduled visit, on the day of the visit, or during the visit itself, the Consignment Fee will be payable in full. If you decide to withdraw your car after engagement has commenced, you will be obligated to cover the costs we have incurred to that point, including the Consignment Fee, and where a listing has already been created, an additional £60+VAT listing fee. An invoice will be provided with payment due within 14 days, and failure to comply may result in small claims court proceedings in accordance with UK law and the UK Government small claims process. The only exception to this policy is where the vehicle is subject to an act of God event, meaning damage caused by an unavoidable incident prior to the Auction going live, including but not limited to flood, fire, or storm/tree damage. In such cases only, the agreement will be cancelled with no monies due by the Private Seller / Trade Seller.

Cancellation – During Auction – if in the unlikely event you, the Private Seller / Trade Seller, request to cancel the auction, i.e. to remove it from being in an active Auction status at any time during the live auction period, then you will be charged 6% +VAT (Market Auctions) / 6% + VAT (Curated Auctions) of the agreed reserve price. This is to protect the credibility of our service and also cover our costs of working with you during the auction preparation and production process, e.g. our time invested to appraise the vehicle, consider its market position, office management time, Consignment Visit time or Self Consignment production time, and associated marketing costs that we may be committed to. An invoice will be provided to the Private Seller / Trade Seller giving notice to pay within 14 days. All contractual breaches will be investigated by us and failure by the Private Seller / Trade Seller to transfer any monies due will result in us producing evidence to support the breach that will be used directly under formal litigation via the UK small claims court – more details on this process can be found on the UK UK Government website. The only exceptions to this policy is if the vehicle is subject to an act-of-god event, i.e. suffers damage caused by an unavoidable incident during the Auction period e.g. flood / tree damage / fire etc. Only in these extreme cases will the Auction be cancelled with no monies due by the Private Seller / Trade Seller.

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

Breach any local laws with regard to Item / Vehicle advertised or sold.

Impersonate other people or businesses.

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.

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.

We do not advise, recommend or endorse Sellers / Trade Sellers offering to take potential Bidders / Buyers on a test drive to demonstrate the vehicle. If you, the Private Seller / Trade Seller, chooses to offer and subsequently allow a Bidder / Buyer to drive a vehicle then you do so entirely at your own risk, as there is no guarantee that you or the Bidders / Buyers insurance will cover this – we recommend you seek approval from your insurance company. We, Trade Classics, do not provide any insurance cover for any test drives nor do we provide any insurance cover for any Vehicle. All risk in an Vehicle lies with the Private Seller / Trade Seller until the Vehicle is sold and in which case this transfers to the Buyer. The Private Seller / Trade Seller hereby indemnifies us against any claim, loss, damage, cost or expense that we may suffer or incur as a result of the Private Seller / Trade 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:

Any information you submit is accurate and truthful; and

You will keep this information accurate and up-to-date.

6.5 If you decide to not take part in the ‘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 ensure there is no personally identifiable information visible in the vicinity of where the consignment visit will take place, including but not limited to house names, house numbers, road signs or any other information that may identify your address or location. If there are signs or other items visible that may compromise your personal information or location, it is your responsibility to remove or cover them prior to the consignment visit. Vehicle registration numbers may remain visible within photography and video content used for auction listings, including technical, underside and documentary images, as this forms part of the transparency of the sale process and allows prospective buyers to carry out their own due diligence and history checks on the vehicle. We do not routinely obscure or edit registration numbers from listing media, nor do we cover registration plates of any other vehicles that may appear in the background of images or videos; it is your responsibility to move such vehicles or cover their registration numbers if you do not wish them to appear.

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 latest Reserve price that you set / agreed to 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 most recent reserve price 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 most recently agreed reserve. This will bring you back to receiving the same minimum amount that you previously set. It’s important to note that this deficit is made up to the latest reserve price only e.g. say you had an initial reserve price of £10,000 upon agreement, and then reduced yourself to £9,000 at a later stage, then this £9,000 is considered the latest / new reserve price – if we (Trade Classics) subsequently reduce the reserve further before the end of the auction to say £8,800 then you will get a £200 shortfall payment to the latest reserve, and not the £1,200 to the initial reserve price.

6.8 VIP – Our VIP Service is a premium, all-inclusive package designed to deliver the ultimate hands-off selling experience. For £750 + VAT, we take care of everything – from collecting your car, to preparing, marketing, and managing the sale. The package includes collection within a 50-mile radius of our Warwick hub (additional mileage charged at £1.60 per mile), a full clean and preparation of the vehicle, professional photography and videography, a detailed auction listing, and promotion across our audience and partner platforms. Secure storage of your vehicle is also included for up to 30 days from the day of collection.

Please note, return transport is not included if the vehicle does not sell – this can be arranged at the same rate of £1.60 per mile, or you can collect your vehicle from our partner facility in Warwick. Should your vehicle remain with us beyond the initial 30-day storage period, additional storage is charged at £45 + VAT per week.

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 – bids are always made in £ GBP as We are a UK operating service. If an Auction Listing is displayed to a Bidder in any other currency apart from £ GBP then they must contact Us first before placing their Bid – it’s likely their Internet browser is changing the currency prefix due to their own preferences, or running a browser plugin that is changing the prefix – this is not a valid reason for requesting a cancellation or amendment of a Bid/s.

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 and exceptional circumstances: these are at the sole discretion of Trade Classics. However, bids will not be cancelled or retracted if the Bidder has bid in error, or not read or understood the Bidding rules that are outlined in these Terms and Conditions and summerised on the Bidding panel from which they confirmed their Bid, e.g. ‘Bidding automatically advances to the Your Bid value’, i.e. there is no automated incremental bidding functionality – see Section 7.20 Unrestricted Bidding.

7.5 Bidders are responsible for ensuring that they have sufficient funds available to cover their Bid(s) and Buyer Premium – Bidders can not and must not bid on behalf of any third party.

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. The Buyer’s Premium will be taken from the stored card on immediately after the Auction ends. If that request fails then full payment of the Buyer’s Premium must be received within 24hrs, an invoice will be issued. We reserve the right to try to capture the full Buyer’s Premium manually from the stored card at any time after the Auction ends, against the Winning Bidders stored card, and if the original request failed due to insufficient funds or any other reason, then we may request a lower amount and invoice directly for the remaining monies due.

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. This 7-day completion period may be extended where both the Buyer and Seller mutually agree in writing prior to expiry, in which case the agreed extension shall become the new completion date (for example, where either party is unavailable due to travel or other reasonable circumstances). Following completion of the auction, receipt of funds by the Seller, and prior to collection of the Vehicle, where a material issue is identified with the Vehicle that was not included in the listing, or is a new significant issue that has arisen since the consignment visit took place, the Seller shall be granted a further period of up to 7 days from notification to remedy the issue before any cancellation or reversal of the transaction is considered.

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. For international payments, i.e. buyers making payment from overseas bank account to the UK must ensure the Seller receives cleared funds no later than 24 hours prior to vehicle collection. This is to avoid delays caused by international banking processing times. The Seller reserves the right to refuse release of the vehicle until funds have fully cleared into their bank account.

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 12.2.

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 Buyer’s Premium or 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, e.g. the Buyer’s Premium that is or will be owed to us, or manipulate the fee structure or fee payment process in any way. For example, once a bid is placed by a Bidder, then as per these terms set out herein, that bid is binding, and subsequently when the live auction ends, and the reserve has also been met, then the credit or debit card stored against the high Bidder will be charged the Buyer’s Premium immediately. To prevent manipulation of this process, Bidders are blocked from removing or updating their stored card in My Account when they are currently the highest Bidder on a live auction. This update / removal block is only released when the high Bidder is outbid.

7.17 Unless otherwise agreed, if we do not receive the Buyer Premium within 24 hour of the Auction close from the Bidder that placed the Winning Bid on a Vehicle, or either notifies us at any time that they no longer wish to honour their Auction Purchase, then this is considered a breach of contract. The Private Seller / Trade Seller are then 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 will instruct our debt recover service, currently Marks Recoveries & Legal Services, 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. Sales Outside of Auction

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 the Buyer’s Premium 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 Buyer’s Premium 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 and requesting new owner details directly from the DVLA.  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 the Buyer’s Premium 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 Buyer’s Premium 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 the Buyer’s Premium 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 Buyer’s Premium 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 the Buyer’s Premium percentage 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. Content Ownership

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. 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.

10.4 Market View – at our discretion we may publish a section called ‘Market View’ on our live Auctions and / or Private Sale listings. This section will contain information about previously sold or currently advertised cars from other sales services that may help Bidders set a market worth for the car on Auction or Private Sale. We only source publicly available information and may link to that information. Also any images shown in the Market View section are rendered via direct links to that image stored by the content holder, i.e. Trade Classics does not copy and store that image as it may be subject to copyright restrictions.

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:

Market Auctions – 6% +VAT (7.2% inc. VAT) 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, and if the Bidder subsequently wins the Auction, i.e. is the highest Bidder at the end of the Auction with the Reserve Price having been met, then this will be the charged Buyer’s Premium i.e. the authorised payment will be captured against the stored card.

Curated Auctions – 6% +VAT (7.2% inc. VAT) 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, and if the Bidder subsequently wins the Auction, i.e. is the highest Bidder at the end of the Auction with the Reserve Price having been met, then this will be the charged Buyer’s Premium i.e. the authorised payment will be captured against the stored card.

Minimum Buyer’s Premium – when placing a bid on any auction listing (whether a Curated or Market Auction), a minimum Buyer’s Premium of £720 (inc. VAT) will apply. This fee will be clearly displayed on the “Place Bid” screen before you confirm your bid. If the relevant Buyer’s Premium calculated from the bid amount exceeds £720, then the higher amount will take precedence.

Maximum Buyer’s Premium – for both Curated and Market Auctions, the Buyer’s Premium is capped at a maximum of £7,000 (inc. VAT). This cap will be clearly shown on the “Place Bid” screen before you confirm your bid. Once the Buyer’s Premium calculated from the bid amount reaches £7,000, the percentage-based premium will no longer apply.

Release Authorisation – 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.

Charged Buyer’s Premium – the Buyer’s Premium of the final winning bid is charged against the stored credit card to the winning Buyer.

VAT – this 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 Buyer’s 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 Buyer’s Premium for the sale type 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 Buyer’s 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:

There is no commission charged to Private Sellers on the sale of their vehicle. The only fee that may apply is the Consignment Fee (also referred to as the Photography Fee) set out in Clause 12.9.

There maybe an upfront fee charged to Trade Sellers – this is charged per Vehicle and will be agreed prior to commencement.

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.

12.7 In the spirit of transparency all sold vehicles will be published on the Website and any request by any party e.g. a Bidder, Buyer, Trade Seller, Private Seller or any other person to remove or hide a sold vehicle for whatever reason from the sold page, or any other area of the Website or external promotional material e.g. marketing advertisements, will be denied. Also any request by any party, e.g. a Bidder, Buyer, Trade Seller, Private Seller or any other person to remove or modify the sold price that is publicly shown on the listing or any other external material, digital, print or otherwise, will also be denied.

12.8 We can at any time, and at our sole discretion, manually request an authorisation via our payment provider (currently Stripe) against a stored payment card to the Buyer Premium value associated to a maximum Bid, that a Bidder has placed on any currently live Auction. For example, we may exercise this right if the stored card has failed authorisation in the past, or We suspect it will fail in the future, or for any reason. This authorisation may show on the Bidder’s payment card statement as an authorisation, and it may, depending on the payment card providers own terms and conditions, utilise a proportion of the credit limit on the account until the authorisation is released.

12.9 Consignment Fee – this may also be referred to as the Photography Fee, and is due payable to Us by a Seller upon agreement to the the Consignment Visit. The Seller must pay this fee in full, and be received by Us, not less than 24 hours prior to the Consignment Visit. If in the event the Seller requests a cancellation of the Consignment Visit greater than 24 hours from the visit date / time then We will refund the fee if so requested by the Seller, e.g. the Seller no longer wishes their Vehicle to be Auctioned by Us. However, if the requested cancellation is received less that 24 hours from the Consignment Visit date / time, then this payment is deemed non-refundable, and if requested by the Seller to re-book the Consignment Visit for a future date / time, then the Seller must pay this fee a second time, and prior to the Consignment Visit being confirmed.

12.10 Consignment Fee Dual Options – in some cases we may offer you a choice of Reserve pricing and associate a higher Consignment Fee to the higher Reserve price. If a Seller chooses the higher Reserve / higher Consignment Fee at the point of agreeing the car into the Auction Service, and then subsequently decides to reduce the Reserve price, at any point during the process, then no partial refund is made, i.e. the difference between the higher and lower Consignment Fee is not refunded to the Seller. This is a one-time offer at the point at which the Vehicle is agreed into the Service.

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 as to when (or if at all) a suspended account will be reactivated. For example, we may also suspend or terminate any user account that we believe is liked to, by means of any relationship, to a user that is currently suspended or has been terminated.

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 / Trade Sellers.  Specifically, you acknowledge that:

We do not own any vehicles that are being sold on the Website unless otherwise stated;

We are not an agent for any Private Seller / Trade Seller;

We have no involvement in the sale or delivery of any Item / Vehicle;

We are not responsible for ensuring that a transaction between a Bidder and a Private Seller / Trade Seller is completed correctly;

We will not become involved in any dispute between a Bidder and Private Seller / Trade 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:

The accuracy of any advertisements or listings.

The ability of the Private Seller / Trade Seller to sell any Item / Vehicle.

The ability of the Buyer to buy any Item / Vehicle.

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.

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 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. 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 / 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 the Buyer’s Premium percentage 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 the Buyer’s Premium percentage 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.

30. COVID-19

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.

Both the Private Seller / Trade Seller and Consigner must adhere to ‘Social Distancing’ guidance / laws published by Government, e.g. stay 2 metres apart at all times – there is no exception to this.

The Consigner to also stay 2 metres apart from any other person/s whilst on the Consignment Visit at the Sellers address, or any other location whereby the Consignment Visit is taking place.

Under no circumstances should the Private Seller / Trade Seller and Consigner sit in the Vehicle at the same time.

Any filming of the Private Seller / Trade Seller is actioned with the Consigner being over 2 metres away from the Private Seller / Trade Seller.

The Consigner to ensure they stay outside during the Consignment Visit and they do not enter any building, garage or structure during the Consignment Visit.

The Consigner wears their own new gloves purchased and supplied by them and puts them on for the first time whilst at the Seller’s / Trade Seller’s address, and before the Consignment Visit starts.

The Consigner to remove and dispose of gloves after the Consignment Visit is completed.

Currently it is not mandatory for any parties to wear a face mask during the Consignment Visit, however, if the UK Government subsequently publishes additional guidance / laws on this, or any other authority within the country where the Consignment Visit is taking place, then it is the responsibility of the Consigner and the Private Seller / Trade Seller to act in accordance with the guidance / laws published by this authority.

The Consigner and Private Seller / Trade Seller to ensure they wash their hands regularly (before and after the Consignment Visit) to reduce risk of possible transmission.

The Private Seller / Trade Seller to be responsible for disinfecting the vehicle after the Consignment Visit.

The Consigner is responsible for disinfecting camera / video / mobile and any other technical equipment used during the Consignment Visit.

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.

31. Vehicle Event / Show Sales

31.1 Overview

From time to time We, Trade Classics, will attend car shows and exhibitions – at these ‘Show Events’ We may offer Trade Sellers and Private Sellers the option to show their vehicle/s to the general public and facilitate a fixed price sale on their behalf.

The terms detailed in this section are in addition to the relevant ones laid out in this document, particularly Section 6. Selling Rules, e.g. the Private / Trade Seller owns the vehicle, or is authorised to sell the vehicle on behalf of the owner.

Trade Sellers are required to fulfil their own legal obligations to Buyers, as if the car was sold directly by them, e.g. if applicable have a return policy in place and provide adequate warranties to the Buyers for a certain duration – details of which must be disclosed to Us and communicated to the Buyer during any sale transaction that We facilitate.

Vehicles from Private Sellers are sold at the Show Event on a ‘Sold-as-Seen’ basis to Buyers, as the sales contract is between the Buyer and Seller – Trade Classics act as a facilitator of the sale between the two parties.

31.2 Insurance and Liabilities – Private and Trade Sellers

Sellers must ensure they have adequate and valid insurance in place for the Vehicle for the total duration at the Show Event, e.g. to cover theft and damage during any stage of the process.

It is also recommended that the insurance policy owned by the Seller should cover the Vehicle being transported to the Show Event.

However, transportation companies will have their own insurance in place that will cover the vehicle during transportation and whilst in their possession – it’s the responsibility of the Seller to check the levels of cover provided by the transportation company.

Trade Classics will do its upmost to protect the car whilst at the Show Event, however, it is the Seller that is responsible for any liabilities that may occur, e.g. theft and damage, and if such issues arise then it is the Sellers’ responsibility to seek compensation from their own insurance company, or the transportation company, if theft / damage occurs whilst in transit.

31.3 Transportation and Show Preparation

Cars are either driven to the event by the Seller, or collected / delivered by a transportation company of their choosing.

Alternatively Trade Classics may organise and pay a contribution towards the transportation – all liabilities are covered / managed by the transportation company e.g. insurance for damage / theft whilst in transit, or at any time in their possession – Trade Classics is not liable directly for any theft or damage to the vehicle whilst in transit, or the possession of the transportation company.

The car must be made available for collection by the Seller on the day / time agreed by Trade Classics and the Private / Trade Seller.

Depending on the Show Event rules it may be necessary to ensure a certain level of fuel is maintained in the Vehicle, e.g. NEC rules state cars made before 1984 should have ‘minimum’ levels of fuel, whilst post 1984 cars should have a ‘safe’ level.

The car starts and drives so it can, if necessary, be driven from the transporter into the Show Event complex.

The car is clean and prepared well for the show.

Trade Classics may have an on-site automotive detailer that will further clean / prepare the car at the show.

The car will be delivered back to the Trade Seller / Private Seller soon after the event ends, and as such the Seller must be available to take back delivery of the Vehicle on the date / time agreed.

Trade Classics will provide an adequate number of personnel on the stand during the Show Event – these representatives will have a good understanding of the Vehicles on show, the price points and be able to talk to potential Buyers with confidence about the car.

Show representatives will also be vigilant aiming to protect the cars as much as possible from accidental damage by the general public.

31.4 Show / Event Sales

Trade Classics and the Private / Trade Seller will agree a Minimum Financial Return for the vehicle (MFR), and also agree the ‘Screen Price’ (SP) that will be published online and on the printed point-of-sale factsheet that will be positioned next to the car.

The difference between the MFR and the SP will contain room for negotiation with prospective Buyers and also the Trade Classics fee.

Trade Classics is authorised to sell the vehicle by the Trade / Private Seller, so long as they are returned at least their MFR.

An offer maybe received that will fall short of the MFR – depending on how near this offer is, it may be put forward to the Private / Trade Seller for discussion and consideration.

Buyers will be required to give Trade Classics a non-refundable deposit to secure the Vehicle at the show – 10% of the agreed purchase price to a maximum of £7,000.

Depending on the agreements made, the Vehicle maybe transported to the Buyer post the Show Event, so long as the balance has been transferred and received by the Seller – the Buyer will cover the cost of transportation.

However, in most cases the Vehicle will be returned to the Seller post the Show Event and the Buyer has 7 days to pay for the Vehicle and collect it from the Seller.

If a Buyer does not complete the sale in the 7 days then they will not be entitled to the deposit back and this will be kept by Trade Classics as compensation for losing out on a sale and to cover their costs.

Section 8.4 and 8.5 is an important clause to note – if We find a potential Buyer for the Vehicle at the Show Event, then that potential Buyer is linked to the transaction for up to 8 weeks, e.g. if the potential Buyer contacts the Seller directly at any time up to that 8 week window and negotiates a sale, then the Trade Classics fee of 10% of the total sale price is due by the Seller to Trade Classics.

32. Skills-Based Competitions and Raffles

32.1 Introduction

We may host or facilitate skills-based competitions and raffles (“Competitions”) through third-party platforms, including but not limited to Raffall.com. These Competitions are governed by the terms below, alongside the terms and conditions of the hosting platform. By entering, participants agree to be bound by both sets of terms.

32.2 Eligibility

Competitions are open to individuals aged 18 years or older.

It is the entrant’s responsibility to ensure compliance with any local legal or regulatory requirements for participation.

32.3 How to Enter

To enter, participants must purchase a ticket and successfully complete a skills-based task or question. Full details are provided for each Competition.

Entry limits may apply and will be detailed in the specific Competition terms.

Invalid, incomplete, or fraudulent entries will be disqualified.

32.4 Prizes

Prizes, including vehicles, are as described in each Competition listing. Trade Classics will make all reasonable efforts to ensure prize accuracy but cannot guarantee exact specifications, including color or optional features.

The Promoters do not in any way guarantee the value of the Prize.

The Promoters do not imply or give any warranty or accept any valuation of the Prize or guarantee the roadworthiness of any vehicle. Entrants are advised to make their own enquiries and seek independent legal advice before entering a Competition.

If a minimum ticket sales threshold is specified and not met, a cash alternative may be offered, typically equating to 50% of total ticket sales revenue.

Prizes are non-transferable and cannot be exchanged unless explicitly agreed.

32.5 Delivery or Collection of Prizes

Unless otherwise stated, winners are responsible for collecting physical prizes, including vehicles, from a designated location.

Delivery options may be available and will be detailed in the Competition terms. Any associated costs, including transportation, insurance, and taxes, are the winner’s responsibility.

By accepting a prize, winners consent to being photographed or filmed during the prize handover. Such media may be used by Trade Classics for promotional, marketing, and publicity purposes, including but not limited to use on our website, social media, and other advertising platforms. Winners will not be entitled to additional compensation for this usage.

32.6 Cancellation and Refunds

No refunds will be provided for invalid or disqualified entries.

32.7 Liability

Trade Classics accepts no responsibility for entries lost, delayed, or corrupted due to technical issues beyond our control.

We are not liable for any additional costs incurred by winners, such as insurance, maintenance, or ongoing operational costs related to the prize.

32.8 Disputes and Final Decision

Any disputes will be resolved at the sole discretion of Trade Classics in accordance with these terms.

Winners will be notified within 14 days of the draw. Failure to claim the prize within 30 days of notification may result in forfeiture.

32.9 Amendments

Trade Classics reserves the right to amend these terms or cancel a Competition at any time without prior notice in the event of unforeseen circumstances.

CONTACT DETAILS

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 1.17 – 28th May 2026  – Trade Classics Limited, 35 Clarendon Sq, Leamington Spa, ENGLAND CV32 5QY