Terms and Conditions – Collecting Cars

Who we are

“Collecting Cars” / “we” / “us” and “our” means Collecting Cars Ltd, company registration number 11518704 and the registered office of which is at C/O Bishop Fleming, 16 Queen Square, Bristol, United Kingdom, BS1 4NT.

Our trading address is: Collecting Cars, 12 Hammersmith Grove, London, W6 7AP.

About our Terms

These Terms explain how you may use this website www.collectingcars.com (the “Site”). Additional to these Terms, the following terms apply to your use of the Site:

Our privacy policy is available here, which sets out the terms on how we handle your personal information; and
Our cookie policy is available here, which sets out information about the cookies on our Site.

You should read these Terms carefully before using the Site.

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.

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

If you have any questions about the Site, please contact us by e-mail on: [email protected]

Definitions

“Buyer” means the person who registers with us and is accepted to submit bids for the purchase of a Vehicle;

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

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

“Seller” means the person who registers with us and is accepted to list a 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 21;

“Vehicle” means the lots listed on the Site;

“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).

Using the Site

We only provide a platform for a Seller to list their Vehicle for sale and a Buyer to bid for the purchase of a Vehicle. We do not act as agent of the Seller. We are not involved in the bidding process, contracting process nor are we a party to the sale contract between the Buyer and the Seller.

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

The Site is intended for use only by those who can access it from within the European Union and the Channel Islands and Isle of Man. If you choose to access the Site from locations outside the European Union, Channel Islands and Isle of Man, you are responsible for compliance with local laws where they are applicable.

We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

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

not to use the Site for any purpose that is unlawful under any applicable law or prohibited by these Terms;
not to use the Site to commit any act of fraud;
not to use the Site to distribute viruses or malware or other similar harmful software code;
not to use the Site for purposes of promoting unsolicited advertising or sending spam;
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’);
not to use the Site in any manner that disrupts the operation of our Site or business or business of any other entity;
not to use the Site in any manner that harms minors;
not to promote any unlawful activity;
not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
not to use the Site to gain unauthorised access to or use of computers, data, systems, accounts or networks; and
not to attempt to circumvent password or user authentication methods.

Your account with us

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 then be approved by us.

For a Seller, you must conform that you have legal ownership of the Vehicle and confirm that there is no finance on the Vehicle. We will instruct a third party, Shieldpay, to verify your name and address before approving the Vehicle to be listed for sale on the Site.

For a Buyer, you must provide us with a valid payment method for our fees. We will instruct a third party, Shieldpay, to verify your name and address before approving you to bid for Vehicles.

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.

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.

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

Listing a Vehicle for sale on our Site

You first submit a request and upload photos and related information, including your proof of ownership and finance on the Vehicle. Further information can be found in our FAQs.

Collecting Cars will consider the proposed Vehicle and confirm if the Vehicle is accepted to be listed on the Site. There will be a pre-auction period where you will need to wait for the Vehicle to go live (the more successful we become the longer this period will be).

After the Vehicle is approved for listing, you shall be committed to have the Vehicle listed with us exclusively for at least 7 to 14 days auction (a “Live Auction”). 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.

You can require a reserve for the Vehicle.

If you are a Seller listing a Vehicle for sale: you are solely responsible for the accuracy of the description, condition, authenticity and quality of the Vehicle and you represent and warrant that you are the legal owner of the Vehicle and free to sell the Vehicle listed on the Site and that the sale to the successful Buyer 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.

Bidding for a Vehicle on our Site

If you are a Buyer bidding for a Vehicle you acknowledge that it is your responsibility to:

arrange an inspection of a Vehicle you intend to bid on;
directly contract with the Seller to purchase the Vehicle once your bid is approved by us as the highest bid on the Vehicle, subject to achieving any reserve required by the Seller;
check the Vehicle at the point of collection;
independently determine the description, ownership, value, condition, authenticity and quality of the Vehicle; and
pay shipping and delivery costs associating with your purchase of a Vehicle, including but not limited to taxes, fees and testing charges.

As a Buyer you agree that each bid submitted for a Vehicle is a legally binding obligation by you, if your bid is successful and achieves any reserve required by the Seller, to pay our fees, and you are making an irrevocable offer to purchase that Vehicle and to pay to the Seller the final amount of your highest bid.

If your bid is successful, subject to achieving any reserve required by the Seller, you will pay to the Seller the final amount of your highest bid within 7 working days of the auction ending unless otherwise agreed with the Buyer.

It is for the Buyer and Seller to agree a suitable payment method for the Vehicle. If you want to protect your funds for purchasing a Vehicle, you may opt to use an escrow agent and we recommend Shieldpay. 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.

Auction process

The process and rules for selling and buying a Vehicle, in addition to these Terms, are found here.

Dispute relating to a sale

Any dispute with respect to the sale of any Vehicle shall be resolved between the Buyer and Seller and without the participation of Collecting Cars.

Our fees

Using the Site is free for Sellers.

When you bid on a Vehicle, our third party payment provider, Shieldpay, will put a hold on your credit or debit card for the fee payable if you are the successful bidder.

For the Buyer who has made the highest bid on the Vehicle, subject to achieving any reserve required by the Seller, you will pay to us a commission of 6% inclusive of Value Added Tax calculated on the final selling price of the Vehicle unless:

the fee calculated is less than £600, in which case you will pay a minimum charge of £600 inclusive of Value Added Tax; or
the fee calculated is more than £6,000, in which case you will pay a maximum charge of £6,000 inclusive of Value Added Tax.

The fee will be processed by Shieldpay on our behalf.

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.

If Shieldpay are unable to take the fee payable from your credit or debit card then you must make payment of the outstanding amount in one of the currencies specified in clause 10.7 and in immediately available funds during normal banking hours to such bank account as we shall specify within 24 hours of the auction ending.

The fees for our service will be charged in pounds sterling (£)(GBP), US dollars ($), Euros (€) and swiss francs (CHF) and are inclusive of Value Added Tax.

If your payment is not received by us under this clause 10, we may also charge interest on any balance outstanding at the rate of 4% a year above the Bank of England’s base rate.

Post-auction ‘Buy it Now/Make an offer’ option:

If you choose this option when submitting your application for listing the Vehicle, in case the Vehicle does not sell when the auction period is finished, the Vehicle will continue being listed on the Site for a period of 7 calendar days. The Buyer will immediately pay to us our fee as set out at clause 10.3 above once it is confirmed that the Buyer will purchase the Vehicle.

Your privacy and personal information

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.

Our privacy policy is available here.

Cancelling this contract

Consumers’ right to cancel:

Cancelling your account

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 by clicking here [link to account cancellation page].

Cancelling the Collecting Cars services:

You have the right to cancel the contract within 14 days without giving any reason.
The cancellation period will expire after 14 days of the conclusion of the contract.
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, fax or email). You can use the model cancellation form set out in the box below, but it is not obligatory.
If as a consumer you are a Seller who has listed a Vehicle or a Buyer who has submitted a bid on a Vehicle during a Live Auction you cannot cancel this contract until the end of the Live Auction. If you do withdraw your car from sale, we can claim losses.

Submitting information to the Site

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.

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.

You warrant that any such contribution 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.

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 14.1.

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.

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.

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.

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.

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

Ownership, use and intellectual property rights

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 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.

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 means rights such as: copyright, trade marks, 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.

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 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.

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

Accuracy of information and availability of the Site

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.

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

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.

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.

Hyperlinks and third party sites

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.

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

creates a frame or any other browser or border environment around the content of our Site;
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
displays any of the trade marks or logos used on our Site without our permission or that of the owner of such trade marks or logos.

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.

Limit on our responsibility to you

Limit on our responsibility to you if you are a consumer

If you are a 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 losses that:

were not foreseeable to you and us when these Terms were formed; or
that were not caused by any breach on our part;
business losses; and losses to non-consumers.

Limit on our responsibility to you if you are not a consumer

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 18.2.

Subject to clause 18.2.5, our total liability shall not exceed the sum of monies paid or payable to us by you for the services under this contract.

Subject to clause 18.2.5, we shall not be liable for consequential, indirect or special losses.

Subject to clause 18.2.5, we shall not be liable for any of the following (whether direct or indirect):

loss of profit;
loss or corruption of data;
loss of use;
loss of production;
loss of contract;
loss of opportunity;
loss of savings, discount or rebate (whether actual or anticipated);
harm to reputation or loss of goodwill.

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

death or personal injury caused by negligence;
fraud or fraudulent misrepresentation; or
any other losses which cannot be excluded or limited by applicable law.

A sale contract for a 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 Vehicle. We shall not be responsible for their obligations of the contract and we exclude all liability arising from the sale contract.

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.

Rights of third parties

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

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 21. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, 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.

Unenforceable provisions

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

Jurisdiction and Applicable Law

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.

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.

These Terms were last updated on 11 May 2019.

Appendix 1 – Cancellation form for consumers

Cancellation form

To: Collecting Cars Ltd, company registration number 11518704 and the registered office of which is at C/O Bishop Fleming, 16 Queen Square, Bristol, United Kingdom, BS1 4NT:

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 Vehicle on [date].

Name of consumer,

Address of consumer(s),

Date