CLASSIC CAR AUCTIONS STANDARD TERMS & CONDITIONS JUNE 2023
The following Terms ("Terms") together with such other terms, conditions and notices as may be set out in any relevant catalogue apply to all sales by Classic Car Auctions Limited ("CCA") at auction or within 14 days after the auction.
No alteration to the Terms will be binding unless accepted by CCA in writing. The Terms may be amended by CCA provided it is reasonable for it do so by the posting of notices prior to or during the sale. Nothing in the Terms shall affect the statutory rights of a consumer.
Additional information applicable to the Auction may be set out in the Catalogue for the Sale, in an insert in the Catalogue and/or in a notice displayed via the online portal. Buyers should be alert to the possibility of changes.
CCA acts solely for and in the interests of the Seller. CCA's duty is to sell the Lot at the highest price obtainable at the Auction to a Buyer. CCA does not act for Buyers in this role and does not give advice to Buyers. When CCA or its employees make statements about a Lot it is doing so as agent for the Seller of the Lot. Buyers who are themselves not expert in the Lots are strongly advised to seek and obtain independent advice on the Lots and their value before bidding for them.
- In these Terms:
1.1 "Auction" means the auction sale in respect of which a Lot is consigned for sale.
1.2 "Auctioneer" means the representative of CCA conducting the Auction or their agent nominated to do so.
1.3 "Automobilia" means any memorabilia including but not limited to trophies, badges, programmes, models, prints and other collectables.
1.4 "Buyer" means the only person whose bid is accepted by CCA to conclude the contract for the purchase of a Lot.
1.5 "Buyer's Premium" means the amount payable by the Buyer to CCA calculated by reference to the hammer price and payable in addition to it.
1.6 "Catalogue" the catalogue relating to the relevant Auction includes any advertisement, brochure, estimate, price list or other publication or webpage relating to one or more Lots.
1.7 "Contract" means the agreement between the Buyer and the Seller on the successful bid of the Buyer on which the Lot is sold to them.
1.8 "Cataloguing Fee" means the sum of £250 plus VAT payable by the Seller for each motor vehicle entered into the Auction.
This fee covers photography, script writing, video, worldwide marketing, inclusion in our e-catalogue, viewing by appointment (subject to Government advice regarding Covid-19) and storage of your vehicle in a secure location prior to the auction.
1.9 "Expenses" in relation to the sale of any Lot means CCA's charges and expenses payable by the Seller in addition to the Seller's Commission including insurance, storage, illustrations, auction Entry Fee, cleaning costs, photography costs, catalogue costs, special advertising, packing and freight of that Lot and any VAT thereon.
1.10 "Hammer Price" means the price in pounds sterling at which a Lot is sold by the Auctioneer to the Buyer.
1.11 "Lot" means any item(s) consigned to CCA with the view to its or their sale at Auction.
1.12 "Motor Vehicle" means any car or motorbike included or proposed to be included in a sale of motor vehicles together with spares, tools, documentation etc. stated as being part of the Lot.
1.13 "Purchase Price" means the Hammer Price together with the Buyer's Premium and any additional charges due plus VAT.
1.14 "Reserve" means the minimum Hammer Price agreed between CCA and the Seller at which a Lot may be sold.
1.15 "Sale Proceeds" means the net amount due to the Seller being the Hammer Price less the Seller's Commission and VAT, Expenses and any other amount due to CCA from the Seller.
1.16 "Seller" means the person who offers the Lot for sale, whether as agent or principal.
1.17 "Seller's Commission" shall have the meaning given in clause 10.
1.18 "VAT" means Value Added Tax applicable at the prevailing rate from time to time (currently 20%).
1.19 "Working Day" means any day (other than a Saturday and Sunday) at which clearing banks in the city of London are open for the transaction of normal sterling banking business.
CCA sells as agent for the Seller (except where CCA is selling as principal, which CCA will disclose in the Catalogue or otherwise in the Auction). The Contract for the sale of a Lot is between the Seller and the Buyer. CCA shall not be liable for any act or default by the Seller (except where selling as principal) or the Buyer.
3.1 CCA has the right as its sole discretion to refuse any bid, to divide any Lot, to combine two or more Lots, to withdraw any Lot and, in the case of dispute, to put any Lot up for Auction again.
3.2 If CCA is notified about the Seller's alleged breach of any of the Terms before it has remitted the Sale Proceeds to the Seller, it may at its sole discretion withhold payment until that dispute is resolved. CCA may, however, deduct any sums that are due to it from the sum held.
3.3 Automobilia lots will be subject to an auctioneers 10% discretion on the reserve unless CCA are notified in writing by the seller otherwise.
- LOSS OR INJURY
CCA shall be under no liability for any injury, damage or loss sustained by any person while on CCA's premises (including any premises where a sale may be conducted or where a Lot, or part of a Lot, may be on view from time to time) except for death or personal injury, damage or loss caused by the negligence of or other breach of duty by CCA, its employees or agents in the ordinary course of their duties to CCA.
5.1 The Catalogue contains details about each Lot. The description contained in the Catalogue, which may be online, is given on behalf of the Seller, from information supplied by the Seller for which CCA is not responsible. Mileage is correct at time of cataloguing.
5.2 Photographs, Illustrations and diagrams contained in the Catalogue are for identification purposes only. They may not show the true condition and colour, (which may be inaccurately reproduced) of the Lot.
5.3 It is for any potential bidder to satisfy themselves as to each and every aspect of a Lot, including its originality, authorship, condition, provenance, history, background, authenticity, style, period, age, suitability, quality, roadworthiness (if relevant), origin, value and estimated selling price (including the Hammer Price), via the information provided online. No description of a lot carries with it an implication that it is fit for any particular purpose.
5.4 Each Lot is sold by its respective Seller to the Buyer. Lots are sold to the Buyer on an "as is" basis, with all faults and imperfections.
5.5 The actual condition of a Lot may not be as good as its outward appearance suggests. In particular, parts may have been replaced or renewed and those parts may not be original or of "Satisfactory Quality'. The inside of a lot may not be visible where, for example, it is covered by upholstery or material, and may not be original or may be damaged, have been damaged or poorly repaired. Given the age of some Lots, no assumption should be made with regard to any aspect of their condition.
5.6 Any person who physically interferes with, scratches or damages the Lot in any way (before or after the Auction) will be held liable for the loss so caused.
5.7 The Seller is responsible for delivering the Lot in a presentable condition. If additional cleaning is required, it will be charged for by CCA to the Seller as an Expense.
5.8 If a Lot is not sold at Auction, CCA will for the next 14 days be entitled exclusively to negotiate a sale of the Lot on terms agreed with the Seller and as Seller's agent, and if successful will be entitled to charge the Seller's Commission and Expenses.
5.9 The Seller gives CCA the full and absolute right to photograph, video and illustrate any Lot consigned for sale, and to use such photographs, videos and illustrations as are provided by the Seller at any time at its absolute discretion (whether or not in connection with the Auction), with indemnity against copyright infringement.
5.10 The copyright in all written matter and illustrations relating to Lots shall remain at all times the absolute property of CCA, and any person wishing to use such materials, or any part of them, may only do so with the prior written consent of CCA.
5.11 Lots market with an Asterix (*) are either owned or partly owned by CCA or an employee of CCA.
- ALTERATIONS AND ESTIMATES
6.1 Estimates and descriptions may be amended at CCA's discretion from time to time by notice given orally or in writing before or during an Auction.
6.2 The Lot is available to view via the information provided online, and any potential bidders must form their own opinion in relation to it.
6.3 CCA gives no warranty or representation as to the anticipated or likely selling price of any Lot. Any estimate given, whether written or oral and whether or not contained in any Catalogue, as to the estimated selling price of any Lot is a statement of opinion only and may be subject to revision from time to time at CCA's sole discretion and should not be relied upon as an indication of the actual selling price.
6.4 CCA shall not be liable to the Seller for any error or misstatement in or omission from the description of any lot in any Catalogue where CCA has:
6.4.1 been provided with such description by the Seller or any person on his behalf; or
6.4.2 provided the Seller with a copy of such description prior to publication of the Catalogue and neither the Seller nor any person on his behalf has notified CCA in writing within a reasonable time before the Auction of any error or misstatement in or omission from the description.
6.5 CCA has no duty to the Seller or the Buyer to investigate the accuracy of the description of any Lot provided by or on behalf of the Seller.
- WARRANTY BY THE SELLER
7.1 The Seller warrants to the Buyer and to CCA that:
7.1.1 The Seller is the owner of the Lot or is properly authorised to sell the Lot by the owner, and is able to sell the Lot with full title guarantee free from all encumbrances and third party claims and in particular that there is no outstanding finance affecting the Lot or any taxes due. If the Lot is subject to finance the amount outstanding must be confirmed prior to consignment and sale.
7.1.2 The description of the Lot in the Catalogue is to the best of the Seller's knowledge accurate and not misleading. The Seller has notified (or will before the Auction notify) CCA in writing of any material alterations to the Lot 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 Lot and has provided CCA with all such information in the Seller's possession or control.
7.1.3 The Seller shall compensate CCA and the Buyer in full for all losses, expenses and other costs which are caused by the Seller's breach of any obligation of the Seller under the Terms.
7.1.4 The Seller has complied with all the requirements, legal or otherwise, relating to any import or export of the Lot and all taxes and duties in respect of the Lot have been settled, unless stated to the contrary in the catalogue description.
- VEHICLE REGISTRATION NUMBERS
8.1 If the Seller wishes to sell the Motor Vehicle but to retain the right to the registration number of the Motor Vehicle it is the Seller's Responsibility to notify CCA in writing.
8.2 It shall be the Seller's responsibility to complete the retention documentation prior to sale and offer the Motor Vehicle with a new V5c and allocated registration from the DVLA prior to the Motor Vehicle being sold at the Auction whether or not CCA volunteers its services to effect that, and no liability shall attach to CCA in respect to any act or omission as a result.
- BIDDING AND RESERVES
9.1 In order to bid in the auction, potential buyers must register for either a telephone or commission bid by completing the relevant forms and ID requirements or register via an online bidding portal. The name and address in which you register will be the name and address on your invoice, if successful, and cannot be amended once issued.
9.2 CCA will not accept bids from any person who has not registered via the methods in clause 9.1. Buyers are directed to the requirements in place regarding registration before the registration process can be completed. CCA reserves the right to decline to register bidders and decline to accept their bids if they have been so registered.
9.2.2 Buyers should ensure they have the necessary funds available to pay before bidding.
9.3 The Auction will be conducted in line with the online bidding portal and telephone and commission bidding rules in place at the time.
9.4 A Contract of Sale is made between the Seller and Buyer on the acceptance of a bid by the fall of the Auctioneers hammer. CCA is not a party to the Contract. The Buyer will be liable to pay the Purchase Price, which is the Hammer Price plus Buyers Premium and any applicable VAT to CCA. At the same time the Seller will be liable to pay to CCA the Seller's Commission plus any applicable VAT on the Lot at the rate as set out in clause 10 below.
9.5 The Seller may place a Reserve on any Lot when he consigns it to the Auction, and once placed it may not be changed without the written consent of CCA. All Lots will be sold without Reserve unless a Reserve has been agreed by CCA in writing.
9.6 Where a reserve has been applied to a lot, the auctioneer and SA may in their absolute discretion place bids up to an amount not equalling or exceeding such reserve on behalf of the seller in accordance with the Auction Bidding Agreements Act 1969.
9.7 If no Reserve has been placed on a Lot, CCA shall in no way be held liable should the Lot be purchased for a price below any lowest estimated selling price of the Lot given in any Catalogue.
9.8 CCA may sell a Lot below the Reserve agreed with the Seller, provided that CCA accounts to the Seller for the same Sale Proceeds as the Seller would have received had the Lot been sold at that Reserve.
- COMMISSION AND EXPENSES
10.1 CCA shall be entitled to deduct from the Hammer Price and retain an amount equal to 5% plus VAT of the Hammer Price for Motor Vehicles and for 15% for automobilia and lifestyle goods or such other sum agreed by CCA in writing together with Expenses and any other sums due from the Seller to CCA.
10.1.1 The minimum amount that will be deducted from the Hammer Price for the sale of a Motor Vehicle is £350 plus VAT.
10.2 The Seller acknowledges CCA's right to retain the Buyer's Premium payable by the Buyer.
11.1 Only on payment of the Purchase Price in cleared funds shall title in the Lot pass from the Seller to the Buyer. However, the risk in the Lot passes to the Buyer as soon as the Lot is sold to the Buyer. The Lot is sold when the highest bid is accepted via the online bidding platform. It is therefore the responsibility of the Seller to insure the Lot before the Lot is sold and the responsibility of the Buyer to insure the Lot after the Lot is sold.
11.2 CCA will not be responsible for any damage to or the loss or destruction of a Lot unless caused by the negligence of or other breach of duty by CCA, its employees or agents in the ordinary course of their duties to CCA and the Seller shall compensate CCA in full in respect of all other claims and proceedings brought against CCA in respect of any loss or damage to or destruction of the Lot.
11.3 CCA will not be liable for any injury, loss or damage caused by any Lot or by the Seller's negligence, or that of the Seller's employees or agents in the ordinary course of their duties to CCA. The Seller shall compensate CCA in full in respect of all claims and proceedings brought against CCA in respect of injury, loss or damage caused by any Lot or by the Seller's negligence or breach of any obligation under the Terms.
- PAYMENT OF SALE PROCEEDS
12.1 Subject to CCA's right of retention under Clause 3.2 and other provisions of this Clause 12, CCA shall pay the Sale Proceeds to the Seller not later than 14 Working Days after the Auction provided that the Purchase Price has been received in full by CCA and the Lot has been delivered to CCA. Unless an alternative method of payment has been agreed by CCA in writing, payment shall be made by telegraphic transfer. In the event of an unsettled hire purchase, finance agreement or any other charge or lien affecting the Lot CCA reserves the right to settle the amount due of such charges not exceeding the Sale Proceeds and if the Sale Proceeds are less than the charges outstanding the Seller will be responsible for the settlement of the balance forthwith.
12.2 If the Purchase Price has not been received in full by CCA within the time specified in clause 12.1 CCA will pay the Sale Proceeds to the Seller within seven Working Days from when the Purchase Price is received in cleared funds from the Buyer.
12.3 In respect of road registered Motor Vehicles, CCA reserves the right not to remit the Sale Proceeds to the Seller unless the Seller has deposited with CCA the registration document of the Motor Vehicle, and any other documents relating to the Motor Vehicle in the Seller's possession or control which he agreed with CCA to supply.
12.4 If the Buyer fails to pay the Purchase Price within 28 days of the Auction, CCA will notify the Seller who may instruct CCA as to the appropriate course of action. CCA may endeavour to assist the Seller but CCA shall be under no obligation to do so, and shall not be under any obligation to institute proceedings in its own name.
12.5 In the absence of any written instructions from the Seller to CCA within 7 days of CCA having notified the Seller under clause 12.4 CCA shall be entitled to take any of the actions set out in clause 19.:
12.6 Any monies recovered by and paid to CCA in consequences of CCA taking one or more of the steps referred to in clause 19 shall be applied to the payment of:
12.6.1 legal or other costs incurred by CCA in connection with such steps;.
12.7.1 the Buyer's Premium and the Seller's Commission on the sale of the Lot;
12.7.2 any balance remaining shall be paid to CCA to the Seller (or, if appropriate, the Buyer). If there shall be a shortfall any such shortfall shall be made good by the Seller to CCA on demand.
12.7.3 If within 7 days after receipt of the notice referred to in clause 12.5 the Seller informs CCA that he wishes re-delivery of the Lot, he shall be entitled to do so but only upon prior payment of all Expenses and all legal and other costs reasonably incurred by CCA so as to keep CCA fully recompensed.
13.1. The Seller may by notice in writing to CCA withdraw the Lot from the Auction. In the event of such withdrawal, the Seller shall within 14 days of withdrawal pay CCA the sums set out in this Condition 13. All such sums shall be payable to CCA as remuneration for the services performed by CCA down to the date of withdrawal, and not by way of penalty or liquidated damages.
13.2 In all cases of withdrawal, the Seller shall be liable to pay CCA 15% of the mid estimate value of the Lot, notwithstanding that commission of a lesser, or no, amount had previously been agreed, to reflect the time, effort, loss of publicity and buyer's premium suffered by CCA. In the event of a Lot having no reserve and therefore no estimate the Seller shall be liable to pay CCA 15% of the auctioneer's reasonable estimate. The fee shall be subject in each case to VAT and Expenses.
13.3.In the event that the Seller withdraws the Lot from the Auction, the Seller shall arrange for collection and removal of the Lot at his own expense within two working days after the date of withdrawal provided that the Seller may not collect the Lot unless and until any withdrawal fee payable under Conditions 13.1 and 13.2 shall have been paid in full.
- REMOVAL AND STORAGE
14.1 Motor vehicles should be collected from the auction location following the sale in accordance with the key sale information for that auction. Buyers should satisfy themselves that they have all the relevant spares, documents and keys relating to their lot(s) at the time of collection. Any vehicles not collected by the specified time will be taken to our transport partners storage facility in Northampton for a fee of £175 plus VAT from The NEC and £150 plus VAT from the Warwickshire Event Centre). Storage will be charged from the Wednesday onwards at £10 plus VAT per day.
Written instruction from buyers must be provided if they wish their lot(s) to be collected by a third party.
- THE BUYER
15.1 The Buyer shall be the highest bidder at the Hammer Price. Any dispute as to any bid shall be settled by the Auctioneer at his/her absolute discretion. Every bidder shall be deemed to act as principal unless prior to the commencement of the Auction there is a written acceptance by CCA that a bidder acts as agent on behalf of the named principal, and that its principal has agreed to and/or is bound by these Conditions; in which case he shall be jointly liable with the principal under these Conditions”.
- BUYER'S PREMIUM
16.1 The Buyer shall pay the Buyer's Premium at the following rates to CCA: Motor vehicles 12.5% plus VAT, Number plates 10% plus VAT and Automobilia and lifestyle items 15% plus VAT. The Buyer acknowledges that CCA may also receive the Seller's Commission due to CCA under Clause 10.
16.2 VAT may also be payable on the hammer price of a Lot. Any lots will be clearly marked as such in the catalogue description as follows:
† VAT on hammer price and buyers premium at the prevailing rate
Ω VAT on imported items on the hammer price and the buyers premium at the prevailing rate*
- VAT on imported items at a rate of 5% on the hammer price and buyers premium plus the prevailing rate on the buyers premium*
○ VAT on imported items on the hammer price and buyers premium at the prevailing rate, plus 10% duty on the hammer price*
Note * This import VAT is not payable by buyers exporting to the EU. However, import VAT will be due in the country you are importing to.
All other lots will be sold using the Auctioneers Margin Scheme (VAT Notice 718/2). VAT will not be charged on the hammer price. THE VAT on the buyers premium will not be split out and cannot be reclaimed by UK VAT registered businesses or individuals. There is no VAT payable on buyers premium for sales under the Auctioneers Margin Scheme where the item is being exported to the EU within 3 months of the auction date. It is the buyers responsibility to provide evidence of export within the time specified. Failure to do so will result in the VAT becoming payable to CCA immediately.
16.3 Further duties and VAT may be applicable on exporting lots from the UK. It is the responsibility of the Buyer to settle these charges.
17.1 Once a lot is sold, the Purchase Price shall become immediately payable to CCA.
17.2 Full payment for all Lots must be made to CCA by 5:00pm the next Working Day. Payment can only be accepted in GBP. Payment should be made by bank transfer. Payment by card can be made in person only (subject to Government Guidelines at the time of collection) as follows: up to £20,000 by debit card and up to £5,000 by credit card.
17.3 No Lot may be collected until the Purchase Price has been received by CCA and payments by a Buyer to CCA may be applied by CCA towards any such sums due from that Buyer to CCA on any account whatsoever notwithstanding any directions to the contrary by the Buyer or his agent whether express or implied.
17.4 Title to the Lot will pass to the Buyer only when the Purchase Price in cleared funds has been received by CCA.
17.5 Immediately a Lot is sold the risk shall pass to the Buyer notwithstanding that possession will not be given and title will not pass to the Buyer before payment of the Purchase Price.
17.6 The Buyer shall, at his own expense, remove the Lot purchased but not before payment in full to CCA of the Purchase Price whether in respect of this or any other Lot. The Lot will be made available for collection from EM Rogers following confirmation of receipt of the Purchase Price by CCA. Full instructions for collection will be provided to the Buyer.
17.7 Cash payments will not be accepted.
17.8 It is the buyers responsibility to comply with all export and import regulations relating to the Lot and to settle and applicable taxes and duties.
- RESPONSIBILITY FOR PURCHASED LOTS
18.1 The Buyer will be responsible for loss or damage to a Lot they have purchased from when the Lot is sold to them. Neither CCA nor its employees or agents shall be responsible for any loss or damage unless caused by the negligence of CCA, its employees or agents in the ordinary course of their duties to CCA if and in so far as the Lot is in CCA's custody or under its control.
18.2 The Buyer shall be responsible for all removals, insurance, storage and other charges on any Lot in accordance with clause 14 above.
18.3 DVLA will be notified of the change of keeper as soon as possible following collection of the Lot in accordance with clause 17 above.
18.3.1 Where imported lots are subject to a NOVA declaration being completed, CCA will instruct the import agent to do this on the buyers behalf, once full payment is received, and provide the buyer with the NOVA reference number. These lots will be clearly marked in the Lot description.
18.4 Automobilia, watches & lifestyle Lots that have not been paid and collected by midday on the first working day following the sale will be sent to the buyer at the buyer's expense.
- NON-PAYMENT OR FAILURE TO COLLECT
19.1 If the Purchase Price is not paid in full, CCA as the agent of the Seller, shall in its absolute discretion and without prejudice to any other rights it may have, be entitled to exercise one or more of the following remedies:-
19.1.1 to remove, store (either at CCA's premises or elsewhere) and insure the Lot at the expense of the Buyer;
19.1.2 to charge interest at a daily rate equal to 4% pa over Barclays Bank's Base Rate on so much of the total amount due as remains unpaid after the date of and time referred to in clause 17.2;
19.1.3 to retain that or any Lot sold to the same Buyer at the same or any other auction of CCA and to release it only after payment of the total amount due;
19.1.4 to apply any money due or to become due to the defaulting Buyer in or towards settlement of the total amount due and to exercise a charge or lien on any property of the Buyer which is in CCA's possession for any purpose.
19.1.5 take such steps as CCA shall at its absolute discretion consider necessary to collect the monies due from the Buyer, and to agree terms for the payment of the Purchase Price;
19.1.6 to rescind the sale and refund any monies to the Buyer, or to rescind the sale to the Buyer and to purchase the Lot itself. If it does so, property in the Lot shall pass to CCA on its election and CCA shall remit the Purchase Price to the Seller within 14 Working Days of its election less the Seller's Commission, Expenses and sums due to CCA which would have been payable had the contract not been rescinded;
19.1.7 to appoint a solicitor and/or other agent to pursue any of the courses of action referred to in this clause 19, and the Seller hereby authorises CCA to take any of the courses referred to in this clause, including the issue and prosecution of proceedings on the Seller's behalf, and to settle claims and/or proceedings made by or against the Buyer on such terms as the Seller shall instruct, or in the absence of instructions on such terms as CCA shall at its absolute discretion think fit. The Buyer shall be liable for all the costs incurred in any proceedings, negotiations or ADR (Alternative Dispute Resolution) including any shortfall in cost between those expended by CCA or the Seller and those awarded by any Court or Tribunal.
19.2 If the Buyer fails to make payment within 14 days after the date and time referred to in clause 17.2, CCA shall at its absolute discretion and without prejudice to any other rights it may have, be entitled to re-sell the Lot or cause it to be resold by public auction or private sale, and, if this results in a lower price being obtained, the defaulting Buyer shall then pay to CCA any deficiency, together with re-sale costs and any costs incurred in connection with the Buyer's failure to make payment and any surplus shall belong to the Seller.
19.3 If the Lot is not taken away on the date and time referred to in clause 17, whether or not the Purchase Price has been paid, CCA shall remove, store (either at CCA's premises or elsewhere) and insure the Lot at the expense of the Buyer and only release the Lot after payment of the total amount due.
- LIABILITY OF CCA AND THE SELLER
20.1 Buyers are solely responsible for ensuring that Motor Vehicles are safe for use, roadworthy (if a road going car) and comply with all relevant laws and regulations in force in all relevant jurisdictions and for ensuring that any necessary test certificates are in force. It is the responsibility of the Buyer to carry out such inspection as he thinks necessary in line with clauses 5 and 6 above.
20.2 In bidding for any Lot, the Buyer acknowledges that he does not rely on any representation made to him by CCA, its employees or agents.
20.3 This contract is made for the benefit of CCA, the Seller, and the Buyer, and save where the Buyer acts as agent for a named principal in accordance with Condition 15.1, is not intended to benefit or be enforceable by anyone else. For the avoidance of doubt, any rights otherwise arising under the Contracts (Rights of Third Parties) Act 1999 are expressly excluded.”
- GOVERNING LAW
Any transactions to which the Terms apply shall be governed by English Law and the Courts of England shall have exclusive jurisdiction to settle all disputes arising in connection with all aspects of all matters or transactions to which these Terms apply.
22.1 Any notices shall be deemed to have been received:-
22.1.1 if hand-delivered, at the time of delivery;
22.1.2 if sent by mail, two days after the date of posting.
22.2 In proving service by delivery:-
22.2.1 by hand, it shall be necessary only to produce a receipt for the notice signed by or on behalf of the addressee;
22.2.2 by post, it shall be necessary only to prove that the notice was contained in a pre-paid envelope which was duly addressed and posted first class.
- DATA PROTECTION
23.1 All information provided to CCA will be treated confidentially and shall not be passed to third parties, except where necessary to complete a sale transaction.
23.2 CCA reserves the right to pass on information when required by legislation, government authorities or the courts.
23.3 Telephone calls may be recorded for training and monitoring purposes.
23.4 Photographs and video footage will be taken throughout the auction. These will be used by CCA for marketing and publicity on our website, in social media, third party publications and other marketing collateral. The auction will be live streamed on our website and YouTube channel. Please speak to a member of staff at the registration desk if you have any concerns or if you wish to be exempted from this activity. Please note that we cannot be held responsible for any third party photography or video content of this event.
CLASSIC CAR AUCTIONS ONLINE TIMED AUCTIONS TERMS & CONDITIONS APRIL 2023
YOUR ATTENTION IS DRAWN SPECIFICALLY TO CLAUSE 14 (LIMITATION OF LIABILITY)
1. These terms
1.1 These are the terms and conditions upon which you may access and use the CCA Timed Online Auction marketplace. By accessing and using our marketplace, you will be legally bound by these terms.
1.2 Please read these terms carefully before you use our marketplace. These terms tell you who we are, how the marketplace will operate, how you and we may change or end our contractual relationship, what to do if there is a problem and other important information.
1.3 These terms also apply to your use of our marketplace:
(a) the auction rules; and
2. Information about us and how to contact us.
2.1 Classic Car Auctions Ltd (CCA) is a company registered in England and Wales. Our company registration number is 09302779, our registered office is The Forge, Harwoods House, Banbury Road, Ashorne, Warwickshire CV35 0AA.
2.2 CCA Timed Online Auctions are an online marketplace that allows a seller to list an item for sale, primarily by auction, for the purposes of allowing interested buyers to purchase that item. In the event of a successful bid (auction), a contract will be entered into directly between the seller and the buyer. If the item is listed as “Buy it Now” the contract will be entered into when the seller accepts the buyer’s offer to purchase the item. We will charge a fee to the buyer of the item.
2.3 We do not sell items; we only provide a marketplace service for buyers and sellers to transact between themselves and to assist in the facilitation of that process.
2.4 You can contact us by telephoning our customer service team ether by calling 01926 640888 or emailing us email@example.com
2.5 If we have to contact you, we will do so by using the contact details, email or telephone number, you provided to us when you registered your account with us.
2.6 When we use the words "writing" or "written" in these terms, this includes emails.
3. Registering an account with us
3.1 You will be able to browse our marketplace without registering.
3.2 Before you are able to use our marketplace to buy and sell items, you must follow the Full registration process so that we can set up your account. You must be over 18 to do this. This applies whether you are a seller or a buyer on our online marketplace. The details on how to register with us are set out on our marketplace.
3.3 When registering to use the marketplace, you must tell us if you are a consumer or a trader. A trader is a person who is acting for purposes relating to that person’s trade, business, craft, or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf. A consumer is an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft, or profession. If you are a trader you must register an account as a company and enter your trading name.
3.4 In certain instances, a consumer may have the right to cancel a contract provided they do so within a short period. You should be aware that your 14-day right to cancel this contract with us (see clause 10 of these terms) will immediately cease upon you either listing an item for sale or you buy or bidding on an item. You will therefore remain liable to pay to us any fees to us which arise from your use of the marketplace, even if the obligation to pay such a fee arises during this 14-day period.
3.5 For an account that enables you to buy or sell via our marketplace we will need your email address, full name and postal address, and telephone number. We will also ask for you for one form of ID such as a driving licence, passport, or utility bill to enable us to confirm your identity. When you bid, you are agreeing to pay our buyers fee. An invoice will be emailed to you for payment if you are the winning bidder. When you list an item for sale you are agreeing to pay the fees we would have collected from the buyer should you withdraw your item from sale before the end of the auction or if you fail to complete the transaction (for a seller’s liability to pay fees, please refer to clause 6 of these terms).
3.7 If we are not able to verify your identity or we have some other concerns with your registration application, we have the right to decline your application for an account with us.
3.8 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 that information as confidential. You must not disclose it to any third party.
3.9 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 these terms.
3.10 If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify our customer services team.
3.11 As a registered user you are agreeing to use our marketplace only for the purposes it is intended, any unlawful use of our marketplace including but not limited to:
(a) committing any fraudulent act;
(b) masquerading as a consumer when you are a trader selling in the course of your business; or
(c) using the marketplace in any way that results in causing harm to others, will result in your account being suspended or terminated.
4. Changes to these terms
We may change the way in which our marketplace operates, the auction rules or these terms:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to reflect changes to such matters as listing policies, auction rules, payments of fee, dispute resolution etc.
You must therefore check these terms and the auction rules each time you access the marketplace and especially each time you wish to sell or buy an item to ensure you are aware of any changes we have made.
5. Providing the marketplace
5.1 We will allow access to use the marketplace when a seller first applies to us to list an item.
5.2 If we do not accept an item listing for whatever reason, we will cease to provide the marketplace at that stage.
5.3 Upon the buyer making a successful bid for an item, or purchase an item on a “Buy It Now” basis, it will be the buyer’s fee set out in Appendix 2.
5.4 Unless otherwise mentioned in these terms (for example clauses 5.5, 5.6 and 5.7) or unless a seller is in breach of these terms, there is no charge to a seller for using the marketplace.
5.5 If a seller withdraws an item from the marketplace once they have approved the listing for publication, we will charge the seller a fee equivalent to the buyer’s fee plus VAT based on the guide price agreed at the time of listing.
5.6 If the seller fails to complete the purchase with a buyer who made the successful bid at the auction or who agreed to purchase the item via Classic Car Auctions Limited, the seller will be charged a fee equivalent to the buyer’s fee based on the winning bid or agreed price.
5.7 The seller is responsible for the accuracy of the listing and even though we will check this before the listing is made available on the marketplace, we are not responsible for its content. If the buyer refuses to complete the purchase of the item as a result of a misleading or inaccurate listing, we will charge the seller a fee equivalent to the buyer’s fee based on the winning bid or agreed price.
5.8 If the buyer fails to complete the purchase, they will still be required to pay our fee calculated on the winning bid or the price agreed.
5.9 If access to or the use of the marketplace is prevented or delayed by an event outside our control, then we will take steps to minimise the effect of the delay. However, we will not be liable for delays caused by the event.
5.10 We do not guarantee that the marketplace or any content on it will always be available or uninterrupted. We may withdraw or restrict the availability of all or any part of the marketplace (including any listing) for business or operational reasons.
6. Listing an item for sale (seller’s obligations)
6.1 You may only list an item for sale on the marketplace if that item is present in the UK, both on the day it is listed for sale and upon the day the auction closes. You will need to provide the location of the item when completing the listing. The item must be available to collect from that location in the UK following a successful sale.
6.2 If the item is being listed and sold via our marketplace, the manner in which the bidding process takes place is set out in our Auction Rules which you will find in Appendix 1 to these terms.
6.3 By listing an item on our marketplace, you, as the seller, are confirming that you are the owner of the item or that you are authorised to sell the item. We will ask you for confirmation of ownership of the item as part of the listing process. This will require you to upload a copy of the V5C or equivalent documentation (e.g. a receipted invoice to prove purchase) to verify your ownership.
6.4 As a seller you must disclose the balance due on any finance attached to the item. This must be provided as part of the item listing process. Any item listed will be HPI checked by us and should we discover that outstanding finance has not been declared, we may refuse to list the item on our marketplace.
6.5 If the item has been imported, you as the seller must confirm you have complied with all the requirements, legal or otherwise, relating to any import or export of the item and all taxes and duties in respect of the item have been settled, unless stated to the contrary in the item’s description.
6.6 If you are buying or selling an item and you are a trader, you must disclose this fact when you register on the marketplace by registering an account as a company and entering your trading name. A breach of this requirement will entitle us to close your account.
6.7 If you are a trader and wish to list items for sale on our marketplace, you must also comply with each of the trader obligations set out in clause 7 to these terms.
6.8 To list an item for sale on the marketplace you will need to go to the SELL page on our website www.classiccarauctions.co.uk and complete SUBMIT AN ENTRY. In addition to the information set out in clauses 6.1 to 6.4 you shall provide:
(a) information to complete all of the compulsory fields;
(b) a detailed description of the item which shall be accurate and honest, ensure that the condition is described in detail, any damage is listed, any relevant service history together with any additions or alterations made to the item by you or by a previous owner (within your knowledge) is included; and
(c) clear and in-focus colour photographs which represent the true nature and condition of the item. If the item has suffered any obvious damage or rust, the areas affected must also be shown to enable the buyer to be as well informed about the item as possible.
6.9 Our experts will provide you with a valuation and guidance on selling your item. Our valuations are a statement of opinion and should not be relied upon as an actual selling price.
6.10 We are under no obligation to list every item or be under an obligation to tell you the reasons why the listing will not be authorised. Our only obligation to you is to tell you that your listing has not been accepted.
6.11 Once the details of the item have been finalised between you and us, those details will be sent to you for approval. This will include the description of the item, the listing date auction date, the guide price and reserve price if required. Once approved the reserve price cannot be increased. You will be asked to approve this listing by confirming the information is accurate and a true reflection of the item offered for sale. Once the listing is approved if you withdraw the listing before the auction has finished, you will be required to compensate us in accordance with clause 5.5.
6.12 After approval, your item will be visible to all potential buyers as a listing in an upcoming sale on our website. It will be promoted on third party websites and to buyers looking for an item of the same or similar type. We may also feature your item on other areas of our marketplace or on social media to promote the sale.
6.13 Once you have approved a listing you have agreed to an exclusive sale with us and you cannot offer the item for sale elsewhere, or to sell the item to anyone outside our marketplace during the listing period. If you do, then you will be required to compensate us in accordance with clause 5.5.
6.14 Once the bidding is complete the buyers fee will be invoiced to the winning bidder, and once payment has been collected we will provide you with winning bidder’s contact details to enable you to complete the transaction within 7 days.
6.15 If we fail to collect the buyers fee from the buyer, we have the right to offer the item to the under bidders within 7 days of the auction ending.
6.16 If a sale fails to complete as a result of inaccuracies in your description of your item, we have to right to collect an amount equivalent to the buyer’s fee from you.
6.17 If your item fails to sell in the auction, Classic Car Auctions has the right to negotiate the sale of the item, on terms agreed with the seller, within 7 days of the auction ending.
6.18 It is unlawful for you to bid on your own items or to request someone you know to ‘bid up’ any item associated with your account on your behalf.
7. Trader obligations
In addition to the seller’s obligations listed in clause 6, a trader must also at all material times whilst accessing and using the marketplace you, as a trader must:
(a) comply in all respects with the provisions of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 when dealing with consumers purchasing an item that you have listed on the marketplace; and
(b) comply in all respects with the provisions of the Consumer Rights Act 2015 when selling an item to a consumer which was listed on the marketplace.
- Buying (buyer’s obligations)
8.1 You must register an account with us and provide one form of ID such as a driving licence before you can bid on any item listed on the marketplace.
8.2 Whilst the seller will provide photographs of the item in their listing and we carry out a number of checks on the item to confirm ownership and condition, it is your responsibility as the buyer to satisfy yourself that any description applied to the item is accurate. We will have completed a finance check and any outstanding finance will be displayed in the listing it will be your responsibility to ensure that the finance is repaid as part of the final transaction. We encourage all sellers to make their items available to view.
8.3 When a buyer places a bid to purchase an item open for auction on our marketplace you are making an irrevocable offer to purchase the item at that price. If you are the winning bidder, you will then be legally bound to complete that purchase at that price. You cannot revoke or withdraw that bid once it has been made. In the event you are the successful bidder at the end of the auction, you will be legally obliged to complete the purchase of the item at the price of your winning bid. All offers and bids made are done so at your own risk. You must make sure you have sufficient funds available before you place a bid.
8.4 We will have the right to remove any offer or bid made by you in circumstances where:
(a) it is obvious and apparent that the offer or bid made is a mistake (if you have made an error when entering a bid amount you must contact us immediately);
(b) we believe you or someone you know is attempting to “bid the price up”;
(c) any seller or proposed buyer is acting in breach of this contract; and
(d) any information comes into our possession that questions our approval of your application to become a registered buyer.
8.5 Once an auction has completed, we will inform you of your winning bid and confirm the buying fees owed. An invoice will be emailed to you. Payment can be made by bank transfer or PayPal. When we have successfully collected your payment, we will send you the seller’s details. The seller will be sent your details, name, email address and telephone number, it is then your responsibility to contact the seller to arrange to complete the transaction within 7 days.
8.6 If you fail to complete the purchase of the item, we will not refund your buyer’s fee.
8.7 You must not attempt to purchase an item outside of the marketplace. This applies to any sale completed between a buyer and a seller, where the item is listed on our marketplace. We will charge the fee we would have otherwise received from the buyer in accordance with these terms.
8.8 If you reasonably suspect or discover that a trader is using the marketplace to sell items by masquerading or representing themselves as a private seller, you should let us know as soon as possible by contacting our customer service teams on 01926 640888 or emailing firstname.lastname@example.org
- Marketplace content
9.1 This marketplace will include images, information, and materials (content) uploaded by other users. This content may not have been verified or approved by us.
9.2 Any content which you upload to the marketplace must not be:
(a) defamatory of any person (alive or deceased);
(b) obscene, offensive, hateful or inflammatory;
(c) sexually explicit;
(e) discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age;
(g) in breach of any legal duty owed to a third party;
(i) in contempt of court;
(j) threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
(k) likely to harass, upset, embarrass, alarm or annoy any person; or
(l) unlawful or assist any person to commit or assist in the commission of any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
9.3 You warrant that you own all intellectual property rights in your content and any content uploaded by you does not offend anything contained within clause 9.2. You will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
9.4 We have the right to remove any content uploaded or posted by you without notice if, in our opinion, your content offends anything contained within clause 9.2.
9.5 We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our marketplace constitutes a violation of their intellectual property rights, or of their right to privacy.
9.6 You hereby grant to us an exclusive royalty free, irrevocable licence to use the content uploaded by you throughout the world without any restriction or limitation on our use.
9.7 We do not guarantee the truthfulness, accuracy or reliability of any content uploaded by you or endorse any opinions expressed by you or anyone else. You fully and unconditionally release and forever discharge us and our officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with disputes between you and a buyer or one or more users of the marketplace or any other person or entity, the use by us or you of the content.
9.8 We are the licensee of all intellectual property rights contained within our marketplace. You must not use, copy or modify any material you have printed off or downloaded from the marketplace in any way.
9.9 Although we make reasonable efforts to keep our marketplace up to date, we make no representations, warranties or guarantees, whether express or implied that the content is accurate, complete, or up to date.
9.10 Where our marketplace contains links to third party websites, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over those websites or resources.
9.11 If you wish to complain about content uploaded by other users, please contact us on email@example.com
The following clauses 10 and 11 only relate to the contract between you as a user of the marketplace and us. They do not relate to any contract made directly between the buyer and the seller.
- Your rights to end a contract with us
10.1 As a consumer, you have a legal right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, to change your mind within 14 days of registering to use our marketplace. This period starts on the day your application to use our marketplace is accepted by us. However, if within this 14-day period you list or apply to list an item for sale on our marketplace or make a bid in respect of any item listed for sale on our marketplace, you can no longer change your mind and cancel even if the 14-day period is still running.
10.2 If you are a trader, you do not have a right to cancel as the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply to you.
11. Our rights to end your contract with us.
11.1 We may suspend or terminate your access to our marketplace at any time by writing to you if;
(a) you do not make any payment to us when it is due;
(b) you break any of these terms;
(c) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to allow you to continue to use the marketplace (for example evidence of your identity for verification purposes);
(d) you fail to disclose that you are a trader;
(e) you withdraw a listing from sale at any time after the auction has commenced;
(f) you withdraw a bid once you have made it; or
(g) you fail to complete the purchase of an item you have agreed to buy or successful bid for in an auction.
11.2 You must compensate us if you break these terms. If we suspend or terminate your access to our marketplace in the situations set out in clause 11.1you will be required to compensate us for our loss of fee in the manner set out in clause 5.5, clause 5.7or clause 8.6.
11.3 We shall have the right to withdraw a listing at any time at our discretion. We will not be liable to you for any loss you might suffer because of a listing being withdrawn by us.
12. Buyer and seller agreeing to cancel the contract for the purchase of the item
If, following the acceptance of an offer to buy an item, or the making of a successful bid for the item, neither the buyer nor the seller is allowed as a matter of law to refuse to complete the transaction unless they both agree. If they both agree, the obligation to pay to us our fee remains, and the buyer will remain liable to pay our fee.
13. Disputes between the buyer and seller
As we only provide a marketplace to enable buyer and seller to buy and sell their items, it is the responsibility of the two parties to resolve any differences between them.
14. Limitation of liability
14.1 As a consumer accessing or using our marketplace, you agree not to use our marketplace for any commercial or business purposes. We will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
14.2 If you are a trader, we shall not be liable to you, whether in contract, tort (including negligence) breach of statutory duty or otherwise, for any loss of profit or any indirect or consequential loss arising under or in connection with any contract between us and our total liability to you shall be limited to an amount equivalent to 6% of the reserve price agreed with you in accordance with clause 6.11
15. Other important terms
15.1 We may transfer our rights and obligations under these terms to another organisation.
15.2 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.3 No one, other than ourselves, a buyer or seller shall have the right to enforce any of these terms.
15.4 These terms and any dispute or claim arising out of or in connection with them or their subject matter of formation are governed by English law and you can bring legal proceedings in respect of these terms in the English courts.
Appendix 1 - AUCTION RULES
Bidding will progress in increments once the reserve is met. If no reserve, bidding will start at the lowest increment of £100:
£100 increments up to £10,000
£250 increments from £10,001 to £50,000
£500 increments above £50,001
Bids must be multiples of the bid increment, for example if the bidding opens at £100 the next bid is £200.
Bids must be in multiples of whole increments,
Multiples of £100 up to £10,000
Multiples of £250 between £10,250 and £50,000
Multiples of £500 above £50,000
If a bid is placed is placed of a partial increment the bid will be rounded down to the nearest whole increment i.e. a bid is entered for £250 will be reduced to £200.
Submitting a maximum bid enables the system to place bids on behalf of the bidder when someone else places a bid against the same item, if the maximum bid is placed before the reserve is met it will automatically place a bid at the reserve price.
A Maximum bid will ensure the absent bidder leads the bidding until another bidder places a bid higher than their Maximum bid value.
If two bidders place a bid of equal value, the bid received first by the system will be the leading bid.
Anti - sniping rules
If a bid is placed within the last 30 seconds of the auction the bidding time will be extended by 1 minute.
The auction will only end when a clear 30 seconds pass without a bid being placed.
Appendix 2 – Fees
Selling – it is free to sell on our Marketplace.
Buying – we will charge the buyer if they are the winning bidder of an item listed on the marketplace.
The Buyers fee is 6% of the winning bid plus VAT at the prevailing rate.
Where the item is listed on a ‘Buy It Now’ basis, the Buyer’s fee will be 6% of the ‘Buy it Now’ price plus VAT at the prevailing rate.
We charge a minimum fee of £350 plus VAT.
Automobilia and number plates
The Buyers fee is 15% of the winning bid plus VAT at the prevailing rate.
Where the item is listed on a ‘Buy It Now’ basis, the Buyer’s fee will be 15% of the ‘Buy it Now’ price plus VAT at the prevailing rate.