Terms - Sell My Classic

1. ABOUT US

www.sellmyclassic.co.uk is a Website operated by Classic Trade Limited (“Sell My Classic”,”we” or “us”). We are a company registered in England and Wales under company number 12586206 and our registered office is at Unit 11 Holts Court, Threshers Bush, Harlow, Essex, United Kingdom, CM17 0NS

2. TERMS

These terms (together with the documents referred to within) (the “Terms”) set out the terms and conditions on which you can use www.sellmyclassic.co.uk (“Website”)

These Terms govern your use whether you access our Services via a computer, mobile device, or some other means.

Please read these Terms carefully before you start to use our Website. By using our Website, you confirm that you accept these Terms and that you agree to comply with them. We recommend that you print a copy of them for future reference.

If you do not agree to our Terms, you must not use our Website or any of the Services.

3. OTHER APPLICABLE TERMS

The following additional terms also apply to your use of our Website:

Privacy Policy – this outlines the terms on which we process any of the personal data we collect from you, or that you provide to us. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.
Cookies Policy – which sets out information about the cookies on our Website.

4. CHANGES TO THESE TERMS

Sell My Classic reserve the right to revise these Terms at any time without notice by amending this page. The amended Terms will be effective from the date they are posted to our Website. By continuing to use our website you are agreeing to all terms and conditions set out.

5. DEFINITIONS

“AUCTION LISTING” means any vehicle listed on the site;
“BID” is the price a Buyer has committed to buy the Auction Listing for.
“Buyer” means an investor, collector or professional Classic Car Dealer who has been approved by us to submit Bids for the purchase of an Auction Listing;
“CONTENT” means the text, images or other multimedia content, software or other information or material submitted to or on the Website;
“LIVE AUCTION” has the meaning given to it in section 10 ‘Estimate Price and Listing Your Car’;
“Estimate” has the meaning given to it in section 10 ‘Estimate price and Listing Your Car’;
“SELLER” means the person who registers with us and us accepted to list an Auction Listing for sale;
‘RESERVE” means the minimum sale price a Seller is willing to accept for their Vehicle.
“SOLD” means the buyer has committed to purchase the vehicle at the agreed price.
“WEBSITE” has the meaning given to it in section 2 ‘Terms’
“TERMS” means these terms and conditions of use as updated from time to time under section 4 ‘Changes to these Terms’;
“VEHICLE” means any car, motorbike of other motor vehicle listed on the Website including and not limited to spares, tools, and documentation listed as part of the Auction Listing.
‘YOU” means a Seller or a Buyer or any other person accessing, browsing or using the Website or its Content (“your” shall have the same meaning)

6. PERMITTED USE OF OUR WEBSITE

Our platform has been designed to allow private individuals the opportunity to sell their car to our network of approved Classic Car professionals (Buyers).

You are only permitted to use our services for personal, non-commercial purposes (i.e. not as part of your own commercial activities). Use of our website to obtain car valuations for commercial purposes, for example, to value cars you intend to sell to third parties and not to us, is strictly prohibited.

We continuously monitor the use of our services, if you are using any of our services for improper, commercial use, we may charge you a fee for each unauthorised valuation you have processed (see section 7 ‘Access to our website’).

In order to preserve and maintain the functionality of our Website and Services for everyone, there are a number of things you must not do. You must not:

transmit any material designed to interrupt, damage, destroy or limit the accessibility or functionality of our Website or the Services;
attempt to gain unauthorised access to our Website, the non-public parts of it, the server on which our Website is stored or indeed any server, computer or database connected to our Website, or from or through which the Services are provided;
use any automated software, process, program, robot, web crawler, spider, data mining, trawling or other ‘screen scraping’ software, process, program or system;
use our Website or Services to create, check, confirm, update, modify or amend your own or another person’s databases, records or directories;
use our Website in any unlawful, fraudulent, offensive or abusive manner;
attempt to copy our data or reverse engineer the Services the processes used on our Website; or
do anything which might interfere with any other user’s enjoyment of our Website or Services.

7. ACCESS TO OUR WEBSITE

When uploading a vehicle we will provide an estimate price free of charge. However, if you are using our Website or Services for commercial purposes, or not in accordance with ‘Permitted use of our Website’, we may decide to issue you with an invoice for each valuation you obtain using our services (a “Commercial Online Valuation”). The cost per Commercial Online Valuation is £49.95 plus VAT.

There is no guarantee that our Website, Services, or any content we provide, will always be available without interruptions, or be bug, virus, fault or error free. We recommend you use your own virus protection software.

We may suspend, withdraw, discontinue or change all or any part of our Website, including your access to the Website, for any reason, at any time and without notice.

8. LINKS

With prior consent you may link to the publically-accessible pages on our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of us or our Services, such damage being determined by us.

We reserve the right to request the retraction of any link to our Website at any time and we may withdraw any linking permission at any time.

Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information purposes only. We have no control over the content of those websites or resources.

When we link to promotional events, competitions and give-aways – these links are provided for your information purposes only, these will have their own terms and conditions, please read and agree to them before participating.

9. INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights on our Website and in the material published on it. All such rights are reserved.

10. ESTIMATE PRICE AND LISTING YOUR CAR

Any ‘Estimate Price’ made by our valuation team is based on the information you provide when you upload your vehicle details (the “Vehicle”) and on the following general assumptions we make about your Car (the “Assumptions”):

it has never been a ‘write off’ / ‘Total Loss’ or used for private hire, rental, driving tuition or as a police vehicle;
it does not have a personalised registration plate, or, if the vehicle has a personalised registration plate it will remain with the Car and no value is assigned to it;
all damage, including interior and mechanical has been outlined in your Auction Listing
you will make us aware if the car is a “non-runner”;
you confirm that you have legal ownership of the vehicle.
you confirm there is no third party or police interest in the vehicle, and that any and all issues that may affect the merchantability of the vehicle and/or it’s identity at point of sale have been set out in the description.
it is not subject to any outstanding finance.

After submitting your vehicle our valuation team will contact you to discuss the vehicle, its service history and the condition – you may also be required to upload images to enable us to accurately value your vehicle. All calls are recorded for quality and training purposes.

Our team will provide you with an ‘Estimate Price’, this is not an offer to buy the car. It is simply a statement of opinion only and should not be relied upon as an indication of the actual selling price in our 1 day auction.

Using the information you have provided, our team will create your listing, you will have the opportunity to review and update your listing prior to final sign off. A reserve can be set to ensure you do not under sell your car.

By consigning your car into our 1 day auction you are committing to have the vehicle listed with us exclusively for at least 7- to 14 days. This means for the period leading upto the auction and 48 hours after the auction ends, you shall not use another means of sale unless we agree and notify you in writing of our consent.

If you are a seller listing a vehicle for sale; you are solely responsible for the factual accuracy and the opinions provided within the Auction Listing, you are responsible for any error, misstatement or omission of information provided within the Auction Listing.

11. AUCTION AND SALE

All potential buyers are professional classic car collectors, investors and specialist dealers (“Buyers”) and have been approved by Classic Trade Limited (trading as Sell My Classic) prior to bidding.

After the auction has closed Sell My Classic will present the highest bid to the seller.

If the highest bid exceeds the Reserve price we will automatically accept the bid and the car will be ‘sold’

if the highest bid is below the Reserve price we will submit the bid to the Seller for review, all bids are legally binding and the Seller shall have the option to accept or reject the bid. If a bid is rejected the ‘Buyer’ will have the opportunity to increase their bid to the reserve amount in order to complete the vehicle purchase.

Buyers and Sellers shall not engage in any activity designed to complete or facilitate a transaction for the sale or purchase of an Auction Listing outside of the Website. If the sale of an Auction Listing is concluded outside of the Website in any event the buyer will be obliged to pay the ‘Cancellation fee’ to Sell My Classic as outlined in section 12 ‘Auction Fees’. The fee will be calculated from the last agreed reserve price or a minimum of £250 plus vat which ever is higher.

Once the the bid has been accepted, the winning Buyer will immediately pay a non-refundable deposit as outlined in section 12 ‘Auction Fees’. Once the deposit has been paid the system will unlock the seller contact details. The Buyer must contact the seller within one (1) working day of paying the deposit to arrange payment of the hammer price and arrange collection. Collection is the responsibility of the Buyer. If the Buyer uses a written Vehicle Sales Contract this must be provided to the Seller immediately.

The Buyer shall only be entitled to withdraw its bid and receive a full refund if on collection

The seller refuses to sell the car.
The Buyer can demonstrate that the Seller has factually misdescribed the vehicle and the seller is not willing to amend the sale price to represent the condition.
There is undisclosed outstanding finance on the vehicle.

The Buyer agrees that the vehicle is sold as per the Auction Listing, any checks should be carried out prior to collection. By collecting the vehicle the buyer accepts that the car has been described correctly and the sale is concluded.

The Buyer shall notify Sell My Classic once the vehicle has been collected.

The Buyer agrees with Sell My Classic to act in a professional manner and in good faith at all times with Sell My Classic and its Sellers.

If the Buyer uses a written Vehicle Sales Contract the Buyer warrants that the Vehicle Sales Contract will comply with all UK laws, including data protection legislation and consumer law. The Vehicle Sales Contract will not permit the Buyer or the Seller to terminate the vehicle sale without cause, except in accordance with applicable laws that may not lawfully be excluded. The Vehicle Sales Contract must not include Sell My Classic as party to the Vehicle Sales Contract or include any such representations, conditions or warranties purported to be made by Sell My Classic. All sums due under the Vehicle Sales Contract will be paid by the Buyer.

12. AUCTION FEES

It is free to sell with ‘Sell My Classic’ you will receive 100% of the hammer price.

Upon winning the auction, the Buyer will pay a non-refundable ‘buyer fee’.

– see section 11 ‘Auction and Sale’.

There is no seller fee and no other charges in relation to selling a car with Sell My Classic, the bid price is subject to buyer fee. The Buyer will collect, inspect and remove the vehicle at the Buyers expense.

Unless otherwise agreed by the seller, the transaction will be completed within 7 days of auction end. The Seller will only release the vehicle to the Buyer once they have received cleared funds (100% of the hammer price)

13. CANCELLATION

By consigning your vehicle you are committing to sell your vehicle with Sell My Classic. If the vehicle is sold in the auction or later during negotiations at a price agreed by you, then Sell My Classic have performed our service and a buyer fee is due.

In the event that the sale of the vehicle to the Buyer is not completed because of any breach by the Seller of these Terms (including cancellation of the sale for any reason) then the Seller undertakes to compensate the Company in respect of the Buyers Commission that would have been payable had the Seller not been in breach. The cancellation fee is calculated at 5% of the agreed sale price.

14. INTELLECTUAL PROPERTY

The Website, trademarks, logos, designs, phrasing and coding are the sole property of Sell My Classic and all users are expressly prohibited from using, distributing, copying, replicating or passing off Sell My Classic’s Content and Sell My Classic reserve all rights in relation to any breach of this clause howsoever arising

By uploading content to Sell My Classic the seller grants perpetual, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify and display photographs and descriptions of the vehicle in connection with the services provided and on third party websites for the purpose of marketing and promotion. The Seller also indemnifies Classic Trade against any costs or claims incurred by it as a result of any action, demand or claim that the advertisement, photographs, description or otherwise infringes the Intellectual Property Rights of any third party.

15. LIMITATIONS OF LIABILITY

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

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

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

The accuracy of any advertisements or Auction Listings
The ability of the Seller to sell any vehicle
The ability of the Buyer to buy any vehicle
Whether any transaction will actually be completed

In any event of 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 subject matter to the liability or to a payment of £100, whichever is the greater sum.

16. INDEMNITY

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 and Conditions whilst using the Website or any other service provided by us.

17. MISCELLANEOUS

If any term of these Terms is held to be illegal, invalid or otherwise unenforceable, the remaining parts of the Terms will continue to be enforceable.

You may not assign, sub-license or otherwise transfer any of your rights or obligations under these Terms to any other person.

These Terms do not give rise to rights that are enforceable by any person who is not part to these Terms.

If we do not exercise or enforce a right under these Terms against you at any time, this does not prevent us from doing so at a later date.

18. APPLICABLE LAW

These Terms, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction in connection with these Terms and your access to and use of our Website (including any claims or disputes).

19. CONTACT US

To contact us, please email team@sellmyclassic.co.uk