Terms and Conditions of use

Our Terms and Conditions ('T&Cs' for short) and other documents we mention below are legally binding agreements between you and us.

  1. WHO WE ARE

    1. Subject to paragraph 1.3, if you reside in the United Kingdom, the Channel Islands, the Isle of Man or the rest of the World (excluding Australia, the United Arab Emirates, the EU and the USA/Canada) you are entering into a contract with Collecting Cars UK Ltd, company number 12902375 and the registered office of which is at c/o Bishop Fleming, 10 Temple Back, Bristol, United Kingdom, BS1 6FL for the use of our Site (as defined below).

    2. Subject to paragraph 1.3, if you reside in Australia or the United Arab Emirates, you are entering into a contract with Collecting Cars APAC Limited, company registration number 13052732 and the registered office of which is at c/o Bishop Fleming, 10 Temple Back, Bristol, United Kingdom, BS1 6FL for the use of our Site (as defined below). If you reside in Australia or the United Arab Emirates, references to “Collecting Cars” / “we” / “us” and “our” in these Terms is a reference to Collecting Cars APAC Limited.

    3. If you are using the Site with respect to Private Sales, you are entering into a contract with Collecting Cars Private Sales Ltd only, company registration number 15338774 and the registered office of which is c/o Bishop Fleming, 10 Temple Back, Bristol, United Kingdom, BS1 6FL.

    4. Separate versions of these Terms for if you reside in the EU or the USA/Canada can be found on the drop down menu on the Terms and Conditions page of our Site.

  2. ABOUT OUR TERMS

    1. These Terms explain how you may use this website www.collectingcars.com and/or any mobile application, services, products or tools (the “Site”). Additional to these Terms, the following terms apply to your use of the Site:

      1. Our privacy policy is available here, which sets out the terms on how we handle your personal information; and

      2. Our cookie policy is available here, which sets out information about the cookies on our Site.

    2. You should read these Terms carefully before using the Site.

    3. By accessing or using the Site or otherwise indicating your consent, you agree to be legally bound by these Terms and the documents referred to in them.

    4. If you do not agree with or accept any of these Terms, you should stop using the Site immediately.

    5. If you have any questions about the Site, or you would like to make a complaint about our services, please contact us by e-mail on: [email protected].

    6. Where we have received a complaint by you in relation to our services, we shall acknowledge your complaint within two (2) Working Days and subsequently conduct reasonable investigations into it. If, after such investigation, we establish that there may be an issue with our services, we shall, at our sole discretion, either:

      1. take steps to remedy the defect in our services; or

      2. where you have already paid our fees in accordance with clause 15, refund you a fair proportion of those fees paid; or

      3. where you have not already paid our fees in accordance with clause 15, charge you a fair proportion of fees (including no fees, where reasonable).

    7. If you've contacted us and you feel that we haven't resolved your complaint satisfactorily, please email or write to our Head of Dispute Resolution:

      Email: [email protected].

  3. DEFINITIONS

    • “Auction Lot” means any lots listed on the Site via a Live Auction, Buy Now or Make an Offer listing, including Vehicles and Automobilia and any documentation provided in connection with the same;

    • “Australian Consumer” means a consumer within the meaning of section 3 of the Australian Consumer Law;

    • “Australian Consumer Law” means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (as amended or replaced from time to time);

    • “Automobilia” means any lots listed on the Site that are not a Vehicle but related to one, including but not limited to number plates, tyres and rims, parts, accessories and manuals;

    • “Buyer” means a person who registers with us and is accepted to submit bids for the purchase of an Auction Lot, or Classified Vehicle or Private Sale Vehicle.

    • “Buy Now” means the "Buy Now" sales format, as described in clause 6.8 and 11.11;

    • “Content” means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;

    • “Classified” means a classified listing placed by a Seller on the Site for the potential sale of a Classified Vehicle, other than via a Live Auction, Buy Now or Make an Offer listing, pursuant to clause 7 of these Terms.

    • “Classified Vehicle” means a Vehicle listed on the Site via a Classified and any documentation provided in connection with the same;

    • “Live Auction” has the meaning given to it in clause 6.3;

    • “Make an Offer” or “Best Offer” means the process described in clauses 6.6-6.7 and 11.9-11.10;

    • “Managed Partner” means a third-party person or organisation that manages the sale of an Auction Lot or Private Sale Vehicle on behalf of the Seller;

    • “Private Sale” means the private sale of a Private Sale Vehicle between a Buyer and a Seller, other than via a Live Auction, Buy Now or Make an Offer listing, pursuant to clause 8 of these Terms, facilitated by a Seller placing a listing of a Vehicle on the Site;

    • “Private Sale Vehicle” means the Vehicle listed on the Site via Private Sale and any documentation provided in connection with the same;

    • “Seller” means the person who registers with us and is accepted to list an Auction Lot, Classified Vehicle OR Private Sale Vehicle for sale;

    • “Site” has the meaning given to it in clause 2.1;

    • “Terms” means these terms and conditions of use as updated from time to time under clause 27;

    • “Trade Seller” means a Seller who is not acting as a consumer and/or is selling as part of a trade or business;

    • “Vehicle” means any car, motorbike or other motor vehicle listed on the Site including but not limited to spares, tools and documentation listed as being part of the Auction Lot, Classified Vehicle or Private Sale Vehicle;

    • “Working Days” means Monday to Friday except public holidays as applicable in London, UK; and

    • “you” means a Buyer or a Seller or any other person accessing, browsing or using the Site or its Content (and “your” shall have the same meaning).

  4. USING THE SITE

    1. We only provide a platform for a Seller to list their (i) Auction Lot or Private Sale Vehicle for sale and a Buyer to bid on such Auction Lot or make an offer on such Private Sale Vehicle with the intent of purchasing such Auction Lot or Private Sale Vehicle; and/or (ii) Classified Vehicle. Except in the case of a Private Sale, we do not act as agent of the Seller and we do not offer for sale, sell, buy or exchange any Auction Lot, Classified Vehicle or Private Sale Vehicle. Except for providing limited administrative services to facilitate the Buyer and the Seller entering into a sale contract for a Private Sale Vehicle, we are not involved in the contracting process nor are we a party to the sale contract between the Buyer and the Seller. We do not hold title of any Vehicle, inspect any Vehicle, or have any Vehicle in our legal possession.

    2. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.

    3. In relation to your use of the Site, your legal rights as a consumer, or if you reside in Australia, as an Australian Consumer under Australian Consumer Law, are not affected.

    4. We may prevent or suspend your access to the Site (and remove any of your listings or bids) if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law. It you are a Trade Seller clause 9.2 applies.

    5. As a condition of your use of the Site, you agree:

      1. not to use the Site for any purpose that is unlawful under any applicable law or prohibited by these Terms;

      2. not to use the Site to commit any act of fraud;

      3. not to use the Site to distribute viruses or malware or other similar harmful software code;

      4. not to use the Site for purposes of promoting unsolicited advertising or sending spam;

      5. not to use the Site to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);

      6. not to use the Site in any manner that disrupts the operation of our Site or business or business of any other entity;

      7. not to use the Site in any manner that harms minors;

      8. not to promote any unlawful activity;

      9. not to threaten, abuse, harass, or invade the privacy of any other user of the Site or third party;

      10. not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with Collecting Cars or with any other person or entity;

      11. not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;

      12. not to use the Site to gain unauthorised access to or use of computers, data, systems, accounts or networks;

      13. not to attempt to circumvent password or user authentication methods;

      14. not to attempt to circumvent the cancellation of your account by us by opening a new account appearing to be a new user of the Site (“phoenixing”); and

      15. that neither you (or any person for whom you are acting) nor, if applicable, your owners, directors, or controllers, are subject to international sanctions under UK, EU, or US or any other sanctions regime, or are based in a country subject to any sanctions regime.

    6. You cannot bid on your own Auction Lot. You cannot bid on an Auction Lot of someone connected to you, nor can you have a friend or someone connected to you bid on your Auction Lot unless they have a genuine intention of purchasing the Vehicle. If you are not a consumer, you will be liable to us and indemnify us for any losses or costs, including reasonable legal fees we incur arising out of any breach by you of this clause. If you are a consumer user, you will be responsible for any loss or damage we suffer as a result of your breach of this clause.

  5. YOUR ACCOUNT WITH US

    1. The Site is available for users if you are at least 18 years old. In order to use the Site as a Buyer or Seller you must first register, and you will need to provide at least the following information:

      1. first and last name;

      2. date of birth;

      3. address;

      4. details of your bank accounts; and

      5. such other information as may be requested at signup,

      and we will instruct a third party, Stripe, Inc., to verify your name and address before you can use the Site. The information you submit to us, including as part of your account creation and registration or use of the Site, must be truthful, accurate and not misleading.

    2. For a Seller, you warrant and represent that you have legal ownership of the Auction Lot, Classified Vehicle or Private Sale Vehicle. If the Vehicle is subject to finance the amount outstanding must be confirmed prior to listing. At the Buyer’s request, the Seller must provide such details of the finance company and the finance arrangement to the Buyer that are reasonably required, within a reasonable timeframe, to enable the Buyer to discharge the outstanding finance arrangement directly with the finance company. The amount of any such payment by the Buyer to the finance company shall constitute payment by the Buyer to the Seller of the same amount towards settlement (in whole or in part) of the Buyer’s highest bid.

    3. For a Buyer bidding on an Auction Lot, you must provide us with a valid payment method for our fees. For a Seller of an Auction Lot, you are required to provide a valid payment card so we can collect payment if we charge you fees in accordance with clause 6.10, 10.5 and 13.3. Any fees that a Buyer or Seller’s bank imposes in connection with a payment to Collecting Cars or in connection with a payment from Buyer to Seller are the responsibility of the respective Buyer or Seller only.

    4. Stripe and Collecting Cars reserves the right to carry out checks for the purposes of confirming your identity and the prevention of financial crime. You will be prompted to provide the above information in the payment section when you first try to make a payment. You are not obliged to provide this information, but if you do not, you will not be able to make payments through Collecting Cars and Stripe and you may not be able make a bid.

    5. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

    6. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

    7. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.

    8. You are responsible at all times for the activity on your account if you have provided a third party with access to it.

  6. LISTING AN AUCTION LOT FOR SALE ON OUR SITE

    1. Information relating to listing an Auction Lot for sale on our Site can be found in our FAQs and our Sell With Us section.

    2. Collecting Cars will consider the proposed Auction Lot and confirm if the Auction Lot is accepted to be listed on the Site. Collecting Cars may assist Sellers in the creation of their listings (including the content of such listings) but it remains each Seller’s sole responsibility to make sure that its listings are accurate. There will be a pre-auction period where you will need to wait for the Auction Lot to go live.

    3. After the Auction Lot is accepted for listing, you shall be committed to have the Auction Lot listed with us exclusively for (I) a defined auction period (a “Live Auction”) together with any extension of that Live Auction; or (ii) in respect of a Make an Offer or Buy Now listing, the Make an Offer or Buy Now period. This means that during this period, you shall not use another means of sale unless we agree and notify you in writing of our consent. Due to the nature of an auction, it is not possible for us to run a Live Auction if you use another platform to sell your Auction Lot. Therefore, we require you to exclusively use this Site to sell your Vehicle or Automobilia, once we have accepted the Auction Lot.

    4. You can require a reserve for the Auction Lot. Once a reserve is agreed by Collecting Cars, you may reduce it or withdraw it by written notice to Collecting Cars, but you cannot increase it without our prior written consent. A decision to remove or lower a reserve is final and a Seller acknowledges and accepts responsibility and any associated risk connected with that decision. Further information can be found in our FAQs.

    5. Collecting Cars gives no warranty or representation as to the anticipated or likely selling price of any Auction Lot. Any estimate given, whether written or oral, as to the estimated selling price of any Auction Lot is a statement of opinion only and may be subject to revision from time to time at Collecting Cars' sole discretion and should not be relied upon as an indication of the actual selling price.

    6. Make an Offer: When you consign your Auction Lot to the Make an Offer listing, you are inviting Buyers to negotiate with you during the period of 14 days. When a Buyer makes you an offer via Make an Offer, and it is within 30% of the reserve we have agreed, we'll message you to let you know. The Buyer will pay fees to Collecting Cars if their offer is successful.

    7. After receiving an offer through Make an Offer, you have 24 hours to choose how to respond. You can:

      1. Accept the offer and complete the sale to the Buyer, and we will remove your Auction Lot from the Make an Offer listing;

      2. Let the offer expire which will happen automatically after 24 hours (or earlier if a higher offer has been made);

      3. Reject the offer; or

      4. Make a counter-offer to the Buyer (your counter-offer expires after 24 hours or earlier if a higher offer has been made).

      If you make a counter-offer the reserve (or Buy Now price) we have agreed with you will be decreased to the amount of your counter-offer.

    8. Buy Now: When you consign your Auction Lot to the Buy Now listing, you are inviting Buyers to bid at or above the Buy Now price you have agreed with Collecting Cars. When a Buyer places a bid for your Auction Lot on the Site via Buy Now at or above the Buy Now price the sale is agreed and you will complete the sale to the Buyer and we will remove your Auction Lot from the Buy Now listing.

    9. If you are a Seller listing an Auction Lot for sale on our Site: you are solely responsible for the factual accuracy of, and for any judgments or opinions expressed in, the description of each Auction Lot entered by you, and for any error, misstatement or omission of information in that description, as well as the condition, authenticity and quality of the Auction Lot. If you are a Seller you represent and warrant that you are the legal owner of the Auction Lot and free to sell the Auction Lot listed on the Site and that you will complete the sale of the Auction Lot to the successful Buyer and that sale will be free of any charges or encumbrances and transfer legal ownership to the Buyer. In ensuring accuracy the advertised mileage can be exceeded by no more than 1,000 miles at the point of collection by the Buyer. Once a sale is agreed, you are not entitled to increase the selling price by charging any VAT or other sales tax or charges to the Buyer and therefore if such tax or charges are chargeable, it should be contemplated when setting the reserve or Buy Now price.

    10. If you as the Seller withdraw your Auction Lot from sale, or from the Coming Soon list, or following a Live Auction or the Make an Offer or the Buy Now listing and an agreed sale of your Auction Lot to a Buyer, you fail to complete the sale of the Auction Lot within the timeframe agreed with the Buyer for any reason other than the default of the Buyer, you will be obliged to pay the fees to Collecting Cars in accordance with clause 15 that would have been paid by the Buyer (and you agree that Collecting Cars may collect this payment directly from your payment method without further approval from you), calculated as follows:

      1. if you fail to complete the sale of the Auction Lot, calculated on the final selling price of the Auction Lot; or

      2. if you withdraw your Auction Lot from sale, or from the Coming Soon list, calculated on the last reserve you agreed with Collecting Cars or if none (including an Auction Lot on the Coming Soon list) a minimum charge of £500 (EUR 500 if the Auction Lot was sold in Euros; USD 500 if the Auction Lot was sold in US Dollars; CAD 750 if the Auction Lot was sold in Canadian Dollars; CHF 500 if the Auction Lot was sold in Swiss Francs; AUD 1,000 if the Auction Lot was sold in Australian Dollars or HKD 5,000 if the Auction Lot was sold in HKD) exclusive of Value Added Tax (or Goods and Services Tax (“GST”) (as the case may be) if you reside in Australia or other equivalent sales tax or similar tax) on all Vehicle Auction Lots or a minimum charge of £250 (EUR 250 if the Auction Lot was sold in Euros; USD 250 if the Auction Lot was sold in American Dollars; CAD 375 if the Auction Lot was sold in Canadian Dollars; CHF 250 if the Auction Lot was sold in Swiss Francs; AUD 1,000 if the Auction Lot was sold in Australian Dollars or HKD 2,500 if the Auction Lot was sold in HKD) exclusive of Value Added Tax (or Goods and Services Tax (“GST”) (as the case may be) if you reside in Australia or other equivalent sales tax or similar tax) on Automobilia Auction Lots. All applicable sales tax or similar tax is to be paid in addition to and at the same time as the fees referred to above.

    11. If a Buyer makes the highest bid on the Auction Lot during a Live Auction or a bid during the Make an Offer or Buy Now period, Collecting Cars reserves the right (at its discretion and without further reference to or consultation with the Seller) to make up any shortfall to the reserve set by the Seller (“Shortfall Payment”). Collecting Cars will make the Shortfall Payment after the Auction Lot has been sold and the Auction Lot has been paid for and collected by the bidder within 30 days. Collecting Cars reserves the right to request evidence that this transaction has been completed prior to making such payment. The Seller acknowledges and agrees that the provision of such payment by Collecting Cars to the Seller is an independent transaction and does not in any way make Collecting Cars a party to sale of the Seller’s relevant Auction Lot or other transaction between the Seller and the Buyer.

    12. The Seller may opt to pay for the boosting of their listing across social media platforms for marketing purposes and to enhance its visibility and awareness. The Seller understands and accepts that whilst this service may increase exposure, Collecting Cars does not guarantee any specific outcome or result and fees paid by the Seller in connection with this service are non-refundable. Collecting Cars shall not be held responsible for the effectiveness of the boosted listing.

  7. CLASSIFIEDS

    1. Collecting Cars provides the platform for a Seller to list a Classified Vehicle and a Buyer to express its interest in a Classified Vehicle.

    2. Classifieds are not available to Trade Sellers.

    3. There are no fees payable by the Buyer or the Seller to Collecting Cars in connection with a Classified.

    4. By placing a Classified on the Site, the Seller is deemed to have accepted these Terms together with all other policies and terms that may be posted on the Site from time to time. By making an enquiry into a Classified on the Site, the Buyer is deemed to have accepted these Terms, together with all other policies and terms that may be posted on the Site from time to time.

    5. Collecting Cars will consider the proposed Classified and confirm if the Classified Vehicle is accepted to be listed on the Site. Collecting Cars may assist Sellers in the creation of their Classified, but the content of the Classified is the Seller’s sole responsibility, and it remains the Seller’s sole responsibility to make sure that its listings are accurate at all times. There may be a period where a Seller waits for the Classified to go live and listing will continue for a period of 30 days (subject to Collecting Cars’ discretion).

    6. Collecting Cars gives no warranty or representation as to the anticipated or likely selling price of any Classified Vehicle. Any estimate given, whether written or oral, as to the estimated selling price of any Classified Vehicle is a statement of opinion only and may be subject to revision from time to time at Collecting Cars' sole discretion and should not be relied upon as an indication of the actual selling price.

    7. If you are a Buyer making an offer to the Seller for a Classified Vehicle, you acknowledge that it is your responsibility to:

      1. review the Classified Vehicle’s listing description, photographs and information provided in relation to the Classified Vehicle by or on behalf of the Seller in the comments section;

      2. conduct your own due diligence on the Classified Vehicle, including any vehicle database checks, before purchase;

      3. arrange an inspection of the Classified Vehicle before purchase;

      4. check the Classified Vehicle at the point of collection;

      5. independently determine the description, ownership, value, condition, authenticity, quality of the Classified Vehicle and any additional fees connected to the purchase such as government fees and taxes, title and registration fees, licensing and plate fees, finance charges dealer document preparation and emissions testing; and

      6. pay shipping and delivery costs associated with your purchase of the Classified Vehicle, including but not limited to taxes, fees and testing charges and the additional fees referred to in clause 7.8.5 above.

    8. The Seller is solely responsible for the factual accuracy of, and for any opinions expressed in, the description of a Classified Vehicle, and for any error, misstatement or omission of information in that description, as well as the condition, authenticity and quality of the Classified Vehicle. Collecting Cars is not responsible for the accuracy of such information.

    9. Collecting Cars reserves the right to remove or suspend the publication of a Classified on the Site at any time and in its sole discretion. If a Classified is so removed or suspended on the Site, we will attempt to contact you to explain why your advert has been removed or suspended but are under no obligation to do so.

    10. It is the responsibility of a Buyer and Seller, respectively, to negotiate the terms of a binding transaction and enter into a sale contract for a Classified Vehicle.

    11. It is for the Buyer and Seller to agree a suitable payment method for the Classified Vehicle. If you want to protect your funds for purchasing a Classified Vehicle, you may opt to use an escrow agent and this is therefore recommended by Collecting Cars. The escrow agent will hold the funds in their escrow account (subject to their terms of service and agreed fees) and will release the funds to the Seller once the sale is agreed.

    12. The Buyer warrants that the funds used for the purchase of a Classified Vehicle, and the payment of our fees, have no link with criminal activity including, without limitation, money laundering, tax evasion or terrorist financing.

    13. Collecting Cars is not a party to any transaction between Buyers and Sellers. Collecting Cars provides no conditions, representations or warranties of any kind, either express or implied. Any communications and transactions that may arise from a Classified shall involve only the Seller and a prospective Buyer and Collecting Cars shall have no obligation or responsibility to either the Buyer, Seller or any other party in respect of any Classified or the sale of a Classified Vehicle.

  8. PRIVATE SALES

    1. Collecting Cars provides the platform for a Seller to list a Private Sale Vehicle and a Buyer to make an offer on such Private Sale Vehicle.

    2. By making an enquiry into a Private Sale Vehicle on the Site, the Buyer is deemed to have accepted these Terms, together with all other policies and terms that may be posted on the Site from time to time.

    3. Collecting Cars will consider the proposed Private Sale Vehicle and confirm if it is accepted to be listed on the Site. Collecting Cars may assist Sellers in the creation of their listings (including the content of such listings) but it remains each Seller’s sole responsibility to make sure that its listings are accurate. Collecting Cars accepts no liability whatsoever arising from any inaccurate information provided by a Seller or the failure of a Seller to provide information relating to a Private Sale Vehicle.

    4. If you are a Seller listing a Private Sale Vehicle for sale on our Site: you are solely responsible for the factual accuracy of, and for any judgments or opinions expressed in, the description of each Private Sale Vehicle entered by you, and for any error, misstatement or omission of information in that description, as well as the condition, authenticity and quality of the Private Sale Vehicle. If you are a Seller you represent and warrant that you are the legal owner of the Private Sale Vehicle and free to sell the Private Sale Vehicle listed on the Site and that you will complete the sale of the Private Sale Vehicle to the successful Buyer and that sale will be free of any charges or encumbrances and transfer legal ownership to the Buyer.

    5. Collecting Cars will provide a template sale contract for the sale and purchase of a Private Sale Vehicle for use by the Buyer and Seller but gives no warranty or representation in relation to the sale contract. The Buyer and Seller are encouraged to take independent legal advice in relation to the sale contract.

  9. SELLERS WHO ARE TRADERS

    1. This clause applies to Trade Sellers.

    2. We may terminate your use of the Site or terminate the contract between you and Collecting Cars for the provision of the online service for convenience with not less than 30 days’ advance notice. We may suspend or terminate your use of the Site immediately if we determine that (a) you have materially breached these Terms and failed to rectify within 7 days of a breach notice; (b) your account has been, or we believe that it may be, used for deceptive or fraudulent or illegal activity or in breach of clause 4.5; or (c) your use of the Site has harmed, or we identify that it might harm, other Sellers, Buyers, customers, or Collecting Cars’ legitimate interest. We will promptly notify you of any such termination or suspension via email or similar means sent to you individually indicating the reason and any options to appeal.

    3. You may at any time terminate your use of the Site immediately on notice to us via email, or similar means, subject to clause 6.10.

    4. We may make available data derived from your use of the Site arising from the sale of your Auction Lot, Classified Vehicle or Private Sale Vehicle comprising of items sold, prices, sales, volumes and time of the transaction, which you will use solely for the purpose of supporting your business on Collecting Cars.

  10. SELLER CONTENT AND DESCRIPTION

    1. The description of the Auction Lot, Classified Vehicle and/or Private Sale Vehicle (which includes information provided in relation to the Auction Lot, Classified Vehicle or Private Sale Vehicle by or on behalf of the Seller in the comments section) is, to the best of the Seller's knowledge, accurate and not misleading. The Seller has notified (or will before the Live Auction, Classified launch or Private Sale launch notify) Collecting Cars in writing of any material alterations to the Auction Lot, Classified Vehicle or Private Sale Vehicle of which the Seller is aware, and of any concerns expressed by third parties in relation to the authenticity, provenance, origin, age, condition or quality of the Auction Lot, Classified Vehicle or Private Sale Vehicle, and has provided Collecting Cars with all such information in the Seller's possession or control. If the Seller notifies us in writing of any amendments to the description during the Live Auction, Classified listing or Private Sale, we will use our reasonable endeavours to announce these amendments in the comments section of the Site.

    2. While Collecting Cars may perform some verification processes, including HPI and MOT checks, these are provided on a non-reliance basis and Collecting Cars shall not be liable to the Seller or the Buyer for any error or misstatement in or omission from the description of any Auction Lot, Classified Vehicle or Private Sale Vehicle. Where Collecting Cars assists with the creation of the content of a listing of an Auction Lot or Private Sale Vehicle:

      1. Collecting Cars will provide the Seller with a copy of the description within a reasonable time prior to the Live Auction or Private Sale launch; and

      2. the Seller or any person on his behalf will notify Collecting Cars in writing within a reasonable time before the Live Auction or Private Sale launch of any error or misstatement in or omission from the description, and Collecting Cars may treat that description as accepted by the Seller.

    3. Notwithstanding clause 10.2, the description of the Auction Lot, Classified Vehicle or Private Sale Vehicle (which includes information provided in relation to the Auction Lot, Classified Vehicle or Private Sale Vehicle by or on behalf of the Seller in the comments section) remains the Seller’s sole responsibility at all times.

    4. To the extent permitted by law including Australian Consumer Law (as applicable to Australian Consumers), Collecting Cars has no duty to the Seller or the Buyer to investigate the accuracy of the description of any Auction Lot, Classified Vehicle or Private Sale Vehicle provided by or on behalf of the Seller.

    5. If a sale of an Auction Lot is lost because of (1) the description of the Auction Lot (which includes information provided in relation to the Auction Lot by or on behalf of the Seller in the comments section) being inaccurate or misleading; or (2) the failure of the Seller to disclose to Collecting Cars all information which may reasonably be expected to affect the provenance, title, value or any other aspect of the Auction Lot, the Seller shall pay the fees to Collecting Cars in accordance with clause 6.10.

    6. The Seller is solely responsible for the content of the photographs provided in connection with their listing of an Auction Lot, Classified Vehicle or Private Sale Vehicle. Collecting Cars is not responsible checking or verifying the content of the photographs or for deleting any sensitive information contained in them.

    7. The Seller gives Collecting Cars the full and absolute right to photograph and illustrate any Auction Lot, Classified Vehicle, or Private Sale Vehicle, and to use such photographs and illustrations at any time at its absolute discretion (whether or not in connection with the Live Auction, Classified or Private Sale). The Seller agrees that they should not use such photographs in connection with the sale of the Auction Lot or Private Sale Vehicle on any platform other than Collecting Cars.

    8. Photographs and illustrations used for an Auction Lot, Classified Vehicle or Private Sale Vehicle are for identification purposes only. They may not show the true condition and colour, (which may be inaccurately reproduced) of the Auction Lot, Classified Vehicle or Private Sale Vehicle.

    9. Estimates and descriptions for the Auction Lots, Classified Vehicle or Private Sale Vehicle may be amended at Collecting Cars' discretion from time to time by notice to the Seller given orally or in writing before or during a Live Auction, Classified launch or Private Sale launch (as applicable).

    10. The Seller agrees to provide the Buyer with any such documentation that is in their possession to evidence their private ownership of the Auction Lot, Classified Vehicle or Private Sale Vehicle.

  11. BIDDING FOR AN AUCTION LOT ON OUR SITE

    1. If you are a Buyer bidding for an Auction Lot (or making an offer via Make an Offer or making a bid on an Auction Lot via Buy Now — throughout these Terms the word “bid” shall include making an offer via Make an Offer and making a bid via Buy Now) you acknowledge that it is your responsibility to:

      1. review the Auction Lot’s listing description, photographs and information provided in relation to the Auction Lot by or on behalf of the Seller in the comments section;

      2. conduct your own due diligence on the Auction Lot you intend to bid on, including any database checks;

      3. arrange an inspection of an Auction Lot you intend to bid on. Inspections should occur when the Auction Lot is in a Live Auction and not before;

      4. check the accuracy of your bids — all bids are made at your own risk;

      5. directly contact the Seller to purchase the Auction Lot once your bid is approved by us as the highest bid on the Auction Lot (or the first offer in the Buy Now option), subject to achieving any reserve required by the Seller unless the reserve is waived by the Seller;

      6. check the Auction Lot at the point of collection;

      7. independently determine the description, ownership, value, condition, authenticity and quality of the Auction Lot; and

      8. pay shipping and delivery costs associated with your purchase of an Auction Lot, including but not limited to taxes, fees and testing charges.

    2. Collecting Cars does not carry out verification of documents provided in connection with the sale of number plates on the Site. Collecting Cars is not liable to the Seller or the Buyer for any error, misstatement on inaccuracy of number plate documentation provided by the Seller to Collecting Cars or the Buyer in connection with the sale of a number plate. It is the Buyer’s responsibility to ensure that any number plate purchased is effectively transferred and/or assigned to the Buyer and Collecting Cars has no liability in respect of the same.

    3. As a Buyer, you agree in regard to each bid submitted for an Auction Lot that:

      1. you have reviewed the listing description, photographs and information provided in relation to the Auction Lot by or on behalf of the Seller in the comments section and your bid or purchase is placed in the knowledge of matters disclosed;

      2. your bid is a legally binding obligation on you, that if your bid is successful and achieves any reserve required by the Seller (unless the reserve is waived by the Seller), you must pay our fees; and

      3. you are making an irrevocable offer to purchase that Auction Lot and you must pay to the Seller the final amount of your highest bid; and

      4. You cannot withdraw your bid, including any "Max Bid".

    4. It is the responsibility of a Buyer and Seller, respectively, to negotiate the terms of a binding transaction and enter into a sale contract for an Auction Lot.

    5. If you as the successful Buyer fail to complete the purchase of the Auction Lot (including failing to pay to the Seller the final amount of your highest bid within the timeframe agreed with the Seller) for any reason other than the default of the Seller, you will be obliged to pay the fees to Collecting Cars in accordance with clause 15. We will assist the Seller to attempt to sell the Auction Lot to an underbidder.

    6. If a Buyer makes the highest bid on the Auction Lot, Collecting Cars has the right to provisionally sell the Auction Lot. The highest bid placed during the Live Auction, Make an Offer or Buy Now period will remain open for acceptance by the Seller for 24 hours following the Live Auction, Make an Offer or Buy Now period. During this period, Collecting Cars will take steps to contact the Seller and determine whether they are willing to accept the bid. Following confirmation from the Seller, Collecting Cars will notify the Buyer whether the Seller is willing to accept the bid. The Buyer’s bid will be deemed to be rejected if the Seller has not notified us in writing of its willingness to accept within 24 hours following the auction ending. This 24-hour period can be extended by written agreement between us and the Buyer. If the Seller rejects the Buyer’s bid, Collecting Cars reserves the right to make up any shortfall to the reserve set by the Seller. Where the Buyer is notified that the Seller is willing to accept the bid, or if Collecting Cars has offered to make up any shortfall to the reserve set by the Seller (including during a Live Auction or a bid during the Make an Offer or Buy Now period) your bid is successful and you shall pay our fees.

    7. If your bid is successful, subject to achieving any reserve required by the Seller unless the reserve is waived by the Seller, you will pay to the Seller (or into the agreed escrow account, if such an arrangement has been agreed with the Seller) the final amount of your highest bid within 7 Working Days of the auction ending unless otherwise agreed with the Seller. If you do not make payment in full to the Seller (or into the agreed escrow account, if such an arrangement has been agreed with the Seller) within the 7 Working Days, or within the timeframe agreed with the Seller, you will lose the right to purchase the Auction Lot and the fees paid and payable to Collecting Cars will not be refundable. You will complete the purchase of the Auction Lot and make payment to the Seller, and pay our fees, in the name or entity in which you are registered as a user with Collecting Cars.

    8. Subject to any rights that the Seller may have under these Terms and in law, and unless otherwise agreed in writing with the Seller and notified to Collecting Cars, if the Buyer does not collect the Auction Lot within (a) 7 Working Days of the auction ending if the Seller’s Auction Lot is stored in paid for storage or with a Managed Partner; or if otherwise, within 21 (twenty-one) days of payment (or such other period of time agreed between the Seller and the Buyer), the Seller may charge a storage charge to the Buyer. The Seller, acting reasonably, shall be permitted to transfer the Auction Lot to a secure third-party storage facility and to re-charge to the Buyer the Seller’s reasonable and actually incurred costs (including removal, storage or other reasonable charges and expenses) which shall be paid by the Buyer to the Seller on demand. The Seller shall give the Buyer reasonable notice of its intention to exercise its rights under this clause and shall keep the Buyer informed of any action taken so that the Buyer can adjust its collection plans. Collecting Cars is not liable for any failure of the Buyer to pay amounts charged to or owed by the Buyer pursuant to this clause.

    9. Make an Offer: You can make an offer on Auction Lots listed under Make an Offer. Your offer must include the price for the Auction Lot together with our fees, as a total amount and we will message your offer to the Seller if it is within 30% of the reserve we have agreed with the Seller. Your offer expires after 24 hours (or earlier if a higher offer has been made).

    10. The Seller has until your offer expires to respond. If they don't respond to you in that time your offer expires. If the Seller responds, they may:

      1. Accept your offer, in which case you must pay our fees, buy the Auction Lot and pay to the Seller the amount you offered;

      2. Reject your offer, in which case you may make another one; or

      3. Make a counter-offer to you, then you have 24 hours (or until a higher offer has been made if earlier) to choose how to respond. You can choose to accept (and clause 11.10.1 applies to you), reject, or continue negotiating by making another offer to the Seller.

      When you make an offer via Make an Offer which the Seller accepts, or you accept the Seller's counter-offer, you are agreeing to pay our fees and buy the Auction Lot.

    11. Buy Now: You can make a bid on the Site for Auction Lots listed under Buy Now. When you make a bid for an Auction Lot on the Site via Buy Now at or above the Buy Now price your bid is successful and the sale agreed and you are agreeing to pay our fees and buy the Auction Lot.

    12. It is for the Buyer and Seller to agree a suitable payment method for the Auction Lot. If a payment method other than bank transfer or escrow is required by the Buyer, then the Buyer must agree this with the Seller prior to committing to bid or buy. If you want to protect your funds for purchasing an Auction Lot, you may opt to use an escrow agent and this is therefore recommended by Collecting Cars. The escrow agent will hold the funds in their escrow account (subject to their terms of service and agreed fees) and will release the funds to the Seller once the sale is agreed.

    13. Collecting Cars may at its discretion remove any bid made by a Buyer bidding for an Auction Lot if:

      1. you have not provided us with a valid payment method for our fees, either because we could not pre-authorise your payment card, or for any other reason;

      2. you have made a clear typographical error;

      3. we believe the Seller is bidding for the relevant Auction Lot, or we believe you are bidding on behalf of the Seller; or

      4. you did not pass one or more of the background checks we have made on you.

    14. You warrant that the funds you use for your purchase of an Auction Lot, and the payment of our fees, have no link with criminal activity including, without limitation, money laundering, tax evasion or terrorist financing. You agree to provide the Seller (or their bank) with any information that their bank may require (including photographic identification) to satisfy its compliance obligations.

    15. Collecting Cars reserves the right to place bids on Auction Lots on its own behalf for testing and maintenance purposes.

    16. A Buyer is not obliged to transfer the full purchase price for an Auction Lot to the Seller prior to making an in-person collection. It is the responsibility of a Seller to ensure that they are in receipt of the purchase price (or protected from Buyer default), such as through the use of escrow) prior to releasing an Auction Lot to a Buyer.

  12. OFFERING ON A PRIVATE SALE VEHICLE VIA OUR SITE

    1. If you are a Buyer making an offer on a Private Sale Vehicle, you acknowledge that the Private Sale Vehicle is not owned or sold by Collecting Cars and you will be offering to purchase the Private Sale Vehicle from the named Seller, rather than Collecting Cars. Collecting Cars is merely acting as a sales agent for the Seller in relation to the Private Sale Vehicle and has no liability whatsoever for or arising from the Private Sale Vehicle or for any statement or representation regarding the Private Sale Vehicle which appears on our Site or is made by the Seller. All your rights and obligations (whether statutory or otherwise) in relation to the purchase of a Private Sale Vehicle via our Site lie against the Seller rather than Collecting Cars.

    2. It is your responsibility to:

      1. review the Private Sale Vehicle’s listing description, photographs and information provided in relation to the Private Sale Vehicle by or on behalf of the Seller in the comments section;

      2. conduct your own due diligence on the Private Sale Vehicle you intend to offer on, including any database checks and ownership history;

      3. arrange an inspection of a Private Sale Vehicle you intend to offer on;

      4. check the accuracy of your offer— all offers are made at your own risk;

      5. check the Private Sale Vehicle at the point of collection;

      6. independently determine the description, ownership, value, condition, authenticity and quality of the Private Sale Vehicle; and

      7. unless agreed otherwise with the Seller, pay shipping and delivery costs associated with your purchase of a Private Sale Vehicle, including but not limited to taxes, fees and testing charges.

    3. As a Buyer, you agree in regard to each offer submitted for a Private Sale Vehicle that you have reviewed the listing description, photographs and information provided in relation to the Private Sale Vehicle by or on behalf of the Seller in the comments section and your offer or purchase is placed in the knowledge of matters disclosed;

    4. It is the responsibility of a Buyer and Seller, respectively, to negotiate the terms of a binding transaction and enter into a sale contract for a Private Sale Vehicle. Collecting Cars is not a party to the sale contract and has no authority to enter into the contract on behalf of the Seller. We shall not be responsible for the Seller’s obligations in the sale contract and we exclude all liability arising from the sale contract. Collecting Cars’ role is limited to identifying a potential buyer, marketing the Private Sale Vehicle on the Site, facilitating answers to any pre-purchase questions the Buyer may have and facilitating the negotiation of the price.

    5. If your offer is successful, unless agreed otherwise, you will pay to Collecting Cars, as agent for the Seller, the final amount of your highest offer within the timeframe specified in the sale contract with the Seller. Collecting Cars will hold the monies on behalf of the Seller. If you do not make payment in full to Collecting Cars (as the Seller’s agent) within the timeframe agreed with the Seller, you will lose the right to purchase the Private Sale Vehicle.

    6. If required by Collecting Cars, the Buyer will pay a deposit to Collecting Cars in the agreed amount (“Deposit”) upon receipt of a payment request from Collecting Cars. The Deposit will be held by Collecting Cars on behalf of the Seller until the Buyer has completed the purchase of the Private Sale Vehicle from the Seller. At such time it shall be released to the Seller.

    7. If the Buyer withdraws from the purchase of the Private Sale Vehicle or fails to complete any agreed obligations within the agreed timeframe, Collecting Cars shall be entitled to retain the Deposit as liquidated damages for the Buyer’s default. If the Seller withdraws from the sale of the Private Sale Vehicle or fails to complete any agreed obligations within the agreed timeframe, Collecting Cars shall refund the Deposit to the Buyer immediately.

    8. Unless agreed otherwise between the Buyer and the Seller in the sale contract, title and risk to the Private Sale Vehicle passes from the Seller to the Buyer when Collecting Cars is in receipt of the final amount of the Buyer’s highest offer, in cleared funds, from the Buyer. At such time that Collecting Cars is in receipt of such amount, it shall issue a notice to the Buyer and the Seller to confirm that the transaction has completed.

    9. Upon receipt of funds from the Buyer, Collecting Cars undertakes to transfer such funds to the Seller (minus deductions agreed with the Seller) as soon as reasonably practicable.

    10. Collecting Cars may at its discretion withhold any offer made by a Buyer offering on a Private Sale Vehicle if:

      1. you have made a clear typographical error;

      2. we believe the Seller is offering for the relevant Private Sale Vehicle, or we believe you are offering on behalf of the Seller; or

      3. you did not pass one or more of the background checks we have made on you.

    11. You warrant that the funds you use for your purchase of a Private Sale Vehicle, and the payment of our fees, have no link with criminal activity including, without limitation, money laundering, tax evasion or terrorist financing.

  13. SELLING AND BUYING PROCESS AND SALES OUTSIDE COLLECTING CARS

    1. The process and rules for selling and buying an Auction Lot and Private Sale Vehicle, in addition to these Terms, are found here.

    2. We have the right, at our absolute discretion, to withdraw any Auction Lot from the Coming Soon List or a Live Auction, whether the Auction Lot has a reserve or not. We are not required to provide any reason for exercising this right of withdrawal. We have the right to extend any Live Auction (for any period we determine) and continue to offer for sale any relevant Auction Lot, if in our absolute discretion it is in the best interests of Buyers and the Seller due to delays, interruptions or errors having affected the original Live Auction. In such circumstances, if the Buyer who has made the highest bid on any affected Auction Lot in the original Live Auction that is being extended has already paid our fees in accordance with clause 15, we will refund you those fees paid. If a Live Auction is extended all bids remain open and you cannot withdraw your bid.

    3. Buyers and Sellers shall not engage in any activity designed to complete or facilitate a transaction for the sale or purchase of an Auction Lot outside of the Site. If any sale of an Auction Lot is concluded outside of the Site in any event, the Seller will be obliged to pay the fees to Collecting Cars in accordance with clause 15 that would have been paid by the Buyer had the Auction Lot been sold via the Site, calculated on the last reserve you agreed with Collecting Cars or if none a minimum charge of £500 (EUR 500 if the Auction Lot was sold in Euros; USD 500 if the Auction Lot was sold in US Dollars; CAD 750 if the Auction Lot was sold in Canadian Dollars; CHF 500 if the Auction Lot was sold in Swiss Francs; AUD 1,000 if the Auction Lot was sold in Australian Dollars or HKD 5,000 if the Auction Lot was sold in Hong Kong Dollars) exclusive of Value Added Tax (or GST (if chargeable) if you reside in Australia or other equivalent sales tax or similar tax) on all Vehicle Auction Lots or a minimum charge of £250 (EUR 250 if the Auction Lot was sold in Euros; USD 250 if the Auction Lot was sold US Dollars; CAD 375 if the Auction Lot was sold in Canadian Dollars; CHF 250 if the Auction Lot was sold in Swiss Francs; AUD 500 if the Auction Lot was sold in Australian Dollars or HKD 2,500 if the Auction Lot was sold in Hong Kong Dollars) exclusive of Value Added Tax (or GST (if chargeable) if you reside in Australia or other equivalent sales tax or similar tax) on Automobilia Auction Lots. All applicable sales tax or similar tax is to be paid in addition to and at the same time as the fees referred to above.

  14. DISPUTE RELATING TO A SALE

    1. Any dispute with respect to the sale of any Auction Lot, Classified Vehicle or Private Sale Vehicle shall be resolved between the Buyer and Seller and without the participation of Collecting Cars.

  15. OUR FEES

    1. Using the Site is free for Sellers, except where otherwise stated in these Terms. Clauses 6.10, 10.6 and 13.3 require the Seller to pay to us the fee that would have been paid by the Buyer, and the provisions of this clause 15 shall apply to the Seller in those circumstances.

    2. When you first bid on an Auction Lot, our third-party payment provider, Stripe, will put a hold on your credit or debit card for the fee that would be payable if you are the successful bidder, equivalent to the fee payable on that bid amount. You will be providing credit or debit card information directly to Stripe, which operates a secure server to process payment details, encrypting and tokenising your credit/debit card information, processing any pre-authorisations and authorising payment. By registering to make payment to us using Stripe, you confirm that you accept and agree to be bound by Stripe’s terms and acknowledge that they constitute a legally binding contract between Stripe and you.

    3. For the Buyer who has made the highest bid on the Auction Lot, subject to achieving any reserve required by the Seller unless the reserve is waived by the Seller, or for the Buyer who has agreed to purchase an Auction Lot via Make an Offer or via Buy Now, you will pay to us a fee equivalent to a commission of 6% exclusive of Value Added Tax (or 6% exclusive of GST (if chargeable) if you reside in Australia or other equivalent sales tax or similar tax) calculated on the final selling price of the Auction Lot unless:

      1. the fee calculated is less than £500 (EUR 500 if the Auction Lot was sold in Euros; USD 500 if the Auction Lot was sold in US Dollars; CAD 750 if the Auction Lot was sold in Canadian Dollars; CHF 500 if the Auction Lot was sold in Swiss Francs; AUD 1,000 if the Auction Lot was sold in Australian Dollars or HKD 5,000 in the Auction Lot was sold in Hong Kong Dollars) exclusive of Value Added Tax (or GST (if chargeable) if you reside in Australia or other equivalent sales tax or similar tax) on all Vehicle Auction Lots in which case you will pay a minimum charge of £500 (EUR 500 if the Auction Lot was sold in Euros; USD 500 if the Auction Lot was sold in US Dollars; CAD 750 if the Auction Lot was sold in Canadian Dollars; CHF 500 if the Auction Lot was sold in Swiss Francs; AUD 1,000 if the Auction Lot was sold in Australian Dollars or HKD 5,000 in the Auction Lot was sold in Hong Kong Dollars) exclusive of Value Added Tax (or GST (if chargeable) if you reside in Australia or other equivalent sales tax or similar tax); or

      2. the fee calculated is more than £6,000 (EUR 7,000 if the Auction Lot was sold in Euros; USD 7,000 if the Auction Lot was sold in US Dollars; CAD 10,000 if the Auction Lot was sold in Canadian Dollars; CHF 7,000 if the Auction Lot was sold in Swiss Francs; AUD 11,000 if the Auction Lot was sold in Australian Dollars or HKD 60,000 if the Auction Lot was sold in Hong Kong Dollars) exclusive of Value Added Tax (or GST (if chargeable) if you reside in Australia or other equivalent sales tax or similar tax) on all Auction Lots, in which case you will pay a maximum charge of £6,000 (EUR 7,000 if the Auction Lot was sold in Euros; USD 7,000 if the Auction Lot was sold in US Dollars; CAD 10,000 if the Auction Lot was sold in Canadian Dollars; CHF 7,000 if the Auction Lot was sold in Swiss Francs; AUD 11,000 if the Auction Lot was sold in Australian Dollars or HKD 60,000 if the Auction Lot was sold in Hong Kong Dollars) exclusive of Value Added Tax (or GST (if chargeable) if you reside in Australia or other equivalent sales tax or similar tax); or

      3. the fee calculated is less than £250 (EUR 250 if the Auction Lot was sold in Euros; USD 250 if the Auction Lot was sold in US Dollars; CAD 375 if the Auction Lot was sold in Canadian Dollars; CHF 250 if the Auction Lot was sold in Swiss Francs; AUD 500 if the Auction Lot was sold in Australian Dollars or HKD 2,500 if the Auction Lot was sold in Hong Kong Dollars) exclusive of Value Added Tax (or GST (if chargeable) if you reside in Australia or other equivalent sales tax or similar tax) on Automobilia, in which case you will pay a minimum charge of £250 (EUR 250 if the Auction Lot was sold in Euros; USD 250 if the Auction Lot was sold in US Dollars; CAD 375 if the Auction Lot was sold in Canadian Dollars; CHF 250 if the Auction Lot was sold in Swiss Francs; AUD 500 if the Auction Lot was sold in Australian Dollars or HKD 2,500 if the Auction Lot was sold in Hong Kong Dollars) exclusive of Value Added Tax (or GST (if chargeable) if you reside in Australia or other equivalent sales tax or similar tax).

      4. the fee is in connection with the purchase of a number plate, in which case the you will pay to us a fee equivalent to a commission of 6% exclusive of Value Added Tax (or 6% exclusive of GST (if chargeable) if you reside in Australia or other equivalent sales tax or similar tax) calculated on the final selling price of the Auction Lot and such fee shall not be subject to the maximum fee caps in clause 15.3.2.

      5. All applicable sales tax or similar tax is to be paid in addition to and at the same time as the fees referred to above.

    4. The fee will be processed by Stripe on our behalf. Any company in The Collecting Group Limited group of companies may receive payment on behalf of any other group company and may transfer funds to any other group company.

    5. Your credit card or debit card will only be charged if you are successful in the auction in which case immediate payment shall be taken by Collecting Cars for our fees. The fees payable to Collecting Cars are non-refundable; your legal rights as a consumer or, if you reside in Australia, as an Australian Consumer under Australian Consumer Law, are not affected.

    6. Stripe will encrypt and tokenise your credit/debit card information that you supply, and you agree to allow Stripe to pre-authorise any amount applicable to the fees payable to us by the Buyer with the highest bid, which are automatically payable upon you winning an auction, and you will authorise the processing of the payment of the fees to us at that time. It is your responsibility to ensure there are sufficient funds available regardless of any pre-authorisation. If any payment is declined, your bid may be cancelled by us.

    7. We will continue to pursue payment via Stripe until the entire fee has been paid. If Stripe are unable to take the fee payable from your credit or debit card then you must, within 24 hours of the auction ending, make payment of the outstanding amount in one of the currencies specified in clause 15.8 and in immediately available funds during normal banking hours to such bank account as we shall specify. If we do not receive this fee within 24 hours of the auction ending, or if you as the successful Buyer fail to complete the purchase of the Auction Lot for any reason other than the default of the Seller, or lawful cancellation or termination of the purchase contract, we will assist the Seller to attempt to sell the Auction Lot to an underbidder, the fees payable to Collecting Cars will remain payable.

    8. The fees for our service will be charged in pounds sterling (£) (GBP), US dollars ($), Canadian dollars (CAD), euros (€), Australian dollars (AU$); Swiss francs (CHF) and Hong Kong Dollars (HKD) and are exclusive of Value Added Tax or GST (if chargeable). All applicable sales tax or similar tax is to be paid in addition to and at the same time as the fees referred to. You are responsible for paying all the applicable taxes in the region. We and our payment processor cannot be held liable for any tax liabilities you incur as part of any transaction.

    9. If your payment is not received by us under this clause 15, we may also charge interest on any balance outstanding at the rate of 4% a year above the Bank of England’s base rate.

  16. YOUR PRIVACY AND PERSONAL INFORMATION

    1. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

    2. Our privacy policy is available here.

    3. Payment information you supply to Stripe is not within our control and is subject to Stripe’s own privacy policy and terms and conditions available on their website at Stripe.

  17. CANCELLING THIS CONTRACT

    1. Consumers’ right to cancel:

      1. These cancellation instructions apply to the contract between you and Collecting Cars for the provision of the online service. It does not apply to the cancellation of any contract to purchase an Auction Lot following a winning bid. You acknowledge and agree that, as a Buyer, Collecting Cars completes the provision of its services to you immediately upon you placing a winning bid. Accordingly, it is not possible for you to cancel a contract to purchase an Auction Lot at the end of an auction and you waive any statutory entitlement that you may otherwise have to cancel the contract on the basis that the service has been provided in full and you have consented to the provision of services to you immediately.

      2. Cancelling your account:

        1. Unless you are participating in a Live Auction, you can cancel your account membership with us at any time by informing us of your decision.

      3. Cancelling the Collecting Cars services:

        1. You have the right to cancel the contract within 14 days without giving any reason.

        2. The cancellation period will expire after 14 days of the conclusion of the contract. Conclusion of the contract occurs when you register an account, agree to these Terms and begin using the Site.

        3. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email) using the contact details in clauses 1 and 2 of these Terms. You can use the model cancellation form set out in Appendix 1 below, or, if you reside outside of the UK, in Appendix 2 below, but it is not obligatory.

        4. If you are a Seller who has listed an Auction Lot or a Buyer who has submitted a bid on an Auction Lot during a Live Auction you cannot cancel this contract until the end of the Live Auction.

  18. SUBMITTING INFORMATION TO THE SITE

    1. While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential.

    2. Whenever you make use of a feature that allows you to upload Content to Collecting Cars or the Site, or to make contact with other users of our Site, you must not provide Content that is illegal, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate.

    3. You warrant that any such Content does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

    4. Any Content you upload to the Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but you are required to grant us and other users a limited licence to use, store and copy that Content and to distribute and make it available to third parties. The rights you license to us are described in clause 19.1.

    5. You cannot provide Content that you do not have the right to submit, unless you have the owner’s permission; this includes material covered by someone else’s copyright or any other proprietary right.

    6. We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.

    7. We will not be responsible, or liable to any third party, for the content or accuracy of any Content posted by you to the Site and/or Collecting Cars.

    8. We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards posted on the Site.

    9. The views expressed by other users on our Site do not represent our views or values.

    10. You will comply with the Posting Rules at all times when submitting Content.

  19. OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS

    1. When you upload or post content or submit material to Collecting Cars or the Site, you grant to us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, modify, distribute and display descriptions and images of your Auction Lot, Classified Vehicle or Private Sale Vehicle in connection with the service provided by the Site and across different media and for the purposes of marketing and promotion of the Site and Collecting Cars. You represent and warrant that you own or otherwise control all of the rights to the content that you upload or post.

    2. The Site and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). Intellectual property rights mean rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.

    3. Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust or to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.

    4. Prohibition of third-party data use and data scraping (a) Unauthorised use: You agree that you will not develop, support or use by any means, including but not limited to software, data scraping, data mining, robots, spiders, crawlers, or similar data gathering and extraction tools, to collect, harvest or otherwise obtain information from the Site without the prior written consent of Collecting Cars. This includes, but is not limited to, extracting data from web pages, databases, APIs, or any other sources of information provided by the Site. (b) Prohibition of third-party use. You acknowledge and agree that the data available on the Site is intended for personal use only. You are strictly prohibited from selling/re-selling or otherwise monitizing, providing, selling, licensing, leasing, loaning, distributing, displaying or otherwise making available any data obtained from the Site to any third party, without the prior written consent of Collecting Cars. This includes but is not limited to, selling data, incorporating data into products or services, or displaying data on other websites or platforms.

    5. License for third party use. (a) Authorisation for third party use. If you are a third party seeking to use the data obtained from this Site, you must contact Collecting Cars to obtain written authorisation. Collecting Cars may, at its sole discretion grant or deny such authorisation on the terms it decides. (b) Commercial terms. Collecting Cars reserves the right to grant a license fee or other commercial terms in connection with an authorisation for third party use. The license fee or commercial terms may vary depending on the nature and extent of the data usage and shall be paid or delivered in accordance with the terms specified by Collecting Cars.

  20. TRADEMARKS

    1. “Collecting Cars” and our logo are our trademarks. Other trademarks and trade names may also be used on the Site. The use of any trademarks on the Site is strictly prohibited unless you have our prior written permission.

  21. ACCURACY OF INFORMATION AND AVAILABILITY OF THE SITE

    1. While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.

    2. We may suspend or terminate operation of the Site at any time as we see fit.

    3. News, articles, podcasts or similar media are provided for your general information purposes only and to inform you about us and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

    4. While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.

    5. We may provide a translation of the description of an Auction Lot, Classified Vehicle or Private Sale Vehicle into languages other than English. Where translations are provided, they are provided for information purposes only and the English version prevails in the event of a discrepancy between the versions.

    6. The Collecting Cars chatbot function provides automated responses based on machine learning. Whilst we strive to provide accurate information through the chatbot, we do not guarantee the accuracy or completeness of its responses. Accordingly, you should not rely on the information that it provides. Collecting Cars is not liable for any damages or losses caused through your reliance on the information provided by the chatbot. You should always check these Terms for the legal position on your enquiry.

  22. HYPERLINKS AND THIRD PARTY SITES

    1. The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party’s website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.

    2. You may create a link to our Site from another website without our prior written consent provided no such link:

      1. creates a frame or any other browser or border environment around the content of our Site;

      2. implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Site; or

      3. displays any of the trademarks or logos used on our Site without our permission or that of the owner of such trademarks or logos.

    3. We reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.

  23. WARRANTIES DISCLAIMER

    1. This clause applies to you if you are an Australian Consumer.

    2. To the extent that you acquire services from us as an Australian Consumer, you may have certain rights and remedies (including, without limitation, consumer guarantee rights) under the Australian Consumer Law that cannot be excluded, restricted or modified by agreement. Nothing in the Terms operates to exclude, restrict or modify the application of any provision, condition or warranty, the exercise of any right or remedy or the imposition of any liability, implied or conferred under the Australian Consumer Law or any other statute, where to do so would contravene that statute or cause any part of the Terms to be void (“Non-excludable Consumer Obligations”).

    3. Except in relation to Non-excludable Consumer Obligations, and otherwise to the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms implied or conferred by statute, custom or the common law that impose any liability or obligation on us are excluded from the Terms.

    4. To the maximum extent permitted by law, our liability for breach of any Non-excludable Consumer Obligations is limited to:

      1. supply of the services again; or

      2. paying the cost of having the services supplied again.

  24. LIMIT ON OUR RESPONSIBILITY TO YOU

    1. Limit on our responsibility to you if you are a consumer or an Australian Consumer:

      1. If you are a consumer or Australian Consumer, except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

        1. losses that:

          1. were not foreseeable to you and us when these Terms were formed; or

          2. that were not caused by any breach on our part;

          3. business losses; and

          4. losses to non-consumers.

    2. Limit on our responsibility to you if you are not a consumer:

      1. If you are not a consumer, our liability under or in connection with the contract (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 24.2.

      2. Subject to clause 24.3, our total liability shall not exceed the sum of monies paid or payable to us by you for the services under this contract.

      3. Subject to clause 24.3, we shall not be liable for consequential, indirect or special losses.

      4. Subject to clause 24.3, we shall not be liable for any of the following (whether direct or indirect):

        1. loss of profit;

        2. loss or corruption of data;

        3. loss of use;

        4. loss of production;

        5. loss of contract;

        6. loss of opportunity;

        7. loss of savings, discount or rebate (whether actual or anticipated);

        8. harm to reputation or loss of goodwill.

    3. Notwithstanding any other provision of the contract, our liability shall not be limited in any way in respect of the following:

      1. death or personal injury caused by negligence;

      2. fraud or fraudulent misrepresentation; or

      3. any other losses which cannot be excluded or limited by applicable law.

    4. A sale contract for an Auction Lot, Classified Vehicle or Private Sale Vehicle is between a Seller and a Buyer. Collecting Cars does not guarantee and is not responsible for the performance of a Buyer or a Seller participating in a sale of any Auction Lot, Classified Vehicle or Private Sale Vehicle. We shall not be responsible for their obligations in the sale contract and we exclude all liability arising from the sale contract. Collecting Cars gives no warranty or representation, either express or implied regarding the description, ownership, value, condition, originality, quality, authenticity or performance of any Auction Lot, Classified Vehicle or Private Sale Vehicle. Collecting Cars does not authenticate any Auction Lot, Classified Vehicle or Private Sale Vehicle.

    5. We cannot guarantee the continuous operation of or access to our Site. Bid update and other notification functionality via our Site may not occur in real time. The functionality of our Site is subject to delays, interruptions and errors beyond Collecting Car's control.

    6. Collecting Cars shall have no liability for any such delays, interruptions, errors or other problems referred to in clause 24.5.

    7. Collecting Cars may introduce you to third-party service providers, including our Managed Partners. We do not control or endorse these third-party service providers, your interactions with them are at your own risk, and Collecting Cars will have no liability for any loss or damage incurred because of their acts or omissions.

    8. Collecting Cars may provide referrals, hyperlinks or references to third-party finance parties on the Site. We accept no responsibility or liability for (i) finance that is sought, arranged or relied upon using such finance parties or any third party introduced by them (collectively "Finance Parties"; (ii) any act or omission of Finance Parties; or (iii) any loss or damage incurred due to the acts or omissions of the Finance Parties or in connection with the use or reliance on such Finance Parties. Collecting Cars does not control the Finance Parties and offers no warranty or representation in respect of their products or services. Regardless of whether you are the Buyer or Seller you agree that you will not assert any claim against Collecting Cars in respect of the products or services of the Finance Parties or for finance sought, arranged or relied upon with respect to such Finance Parties. Your use, interactions with or reliance upon Finance Parties is solely at your own risk, governed by the terms and conditions of that arrangement or relationship (if applicable) and does not in any way relieve you of your obligations under these Terms.

  25. EVENTS BEYOND OUR CONTROL

    • We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

  26. RIGHTS OF THIRD PARTIES

    • No one other than a party to these Terms has any right to enforce any of these Terms.

  27. VARIATION

    • No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 27. We reserve the right to vary these Terms from time to time and so it is your responsibility to check these Terms regularly. In the case of Trade Sellers, we will give you not less than 15 days’ advance notice of any variation to these Terms, and if you do not agree to the proposed variation you may terminate your use of the Site immediately on notice to us via email, or similar means, subject to clause 6.10. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes (following notice in the case of Trade Sellers), you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

  28. UNENFORCEABLE PROVISIONS

    1. If any provision of these Terms is found to be unenforceable, all other provisions shall remain unaffected.

  29. JURISDICTION AND APPLICABLE LAW

    1. If you are a business user, the courts of England and Wales will have exclusive jurisdiction in relation to these Terms and English law will apply to these Terms.

    2. If you are a consumer user, the courts of the United Kingdom will have non-exclusive jurisdiction in relation to these Terms and English law will apply to these Terms.

APPENDIX 1 – CANCELLATION FORM FOR CONSUMERS IN UK OR EU

Cancellation FormTo: Collecting Cars Ltd, company registration number 11518704 and the registered office of which is at c/o Bishop Fleming, 10 Temple Back, Bristol, United Kingdom, BS1 6FL:I hereby give notice that I cancel my contract of sale of the supply of following services provided by Collecting Cars,· For a Seller: my registration for Collecting Cars services on [date];· For a Buyer: my registration for submitting a bid on a Auction Lot on [date].Name of consumer:Address of consumer(s):Date:

APPENDIX 2 – CANCELLATION FORM FOR ALL CONSUMERS RESIDENT IN AUSTRALIA

Cancellation FormTo: Collecting Cars APAC Limited, company registration number 13052732 and the registered office of which is at c/o Bishop Fleming, 10 Temple Back, Bristol, United Kingdom, BS1 6FL:I hereby give notice that I cancel my contract of sale of the supply of following services provided by Collecting Cars· For a Seller: my registration for Collecting Cars services on [date];· For a Buyer: my registration for submitting a bid on an Auction Lot on [date].Name of consumer:Address of consumer(s):Date:

These Terms were last updated February 2024.