Buyers Terms and Conditions

*Timed Online T&C's to be found below

Interested parties should satisfy themselves as to the description and condition of each Lot prior to the sale. Accordingly, buyers are on notice that each vehicle is offered ‘as is/as seen’ subject to the Terms and Conditions for the auction. All registration numbers, engine and chassis details are sourced from registration documents provided to Historics by the client or representative or HPI checks and buyers are to satisfy themselves as to the accuracy of these details. Buyers are advised to inspect the vehicle in person or use a professional to carry out this service. Historics will not entertain disputes over descriptions.

1.Definitions

In these Terms and Conditions the following definitions shall apply:

"Auctioneer" Historics Classic and Sportscar Auctions Limited (Company No. 06997410) with a registered address at Main Building, Thorney Business Park, Thorney Lane North, Iver, Bucks SL0 9SH and where appropriate its officers, employees and agents;

"Bid" an offer to purchase a Lot at a price given by the Auctioneer;

"Buyer's Commission" a commission payable by You (in addition to the Purchase Price) as a condition of Your purchase of a Lot and calculated in the manner described at Clauses 10 and 11;

"Catalogue" the list of Lots that the Auctioneer publishes in advance of a Sale;

"Lot" an item or items consigned to, and advertised by, the Auctioneer with a view to its/their inclusion within a Sale and identified within a Catalogue by a Lot number;

"Purchase Price" the amount of the highest Bid on a Lot at the moment When the Hammer Falls plus VAT on the commission;

"Resale Rights" the statutory right of any third party to receive a payment on a disposal of a Lot (or any part of it) including, but not limited to, those set out in the Artists Resale Right Regulations 2006;

"Reserve" the minimum price at which a Lot may be sold as stipulated by the Seller and whether communicated to You before, during or after the Sale;

"Sale" the auction sale at which a Lot is to be made available for sale through the Auctioneer;

"Seller" the person who offers the Lot for sale as identified in the Catalogue;

"When the Hammer Falls" the moment that a Lot it is knocked down to You which occurs upon the fall of the Auctioneer's hammer following your highest Bid when no higher Bid has been made for the Lot; and

"You" the person making Bids;

2.The Contract of Sale

The Seller invites you to offer to purchase the Lot as the principal to a contract for the sale of the Lot by making Bids for the Lot, such contract, if concluded, being made between the Seller and You.

The Auctioneer acts in the capacity as a facilitator and not as the Seller's agent or as an additional principal and the Auctioneer shall have no liability to You in respect of the Lot, its sale or the contract for the sale of the Lot.

The Auctioneer reserves the right, without giving any reasons, to withdraw any Lot from the Sale or to cancel any auction in respect of a Lot at any time prior to the moment When the Hammer Falls.

The Auctioneer reserves the right, without giving any reasons, to refuse to allow You to attend a Sale, to refuse You permission to make Bids or to ignore Your Bids at any time prior to the moment When the Hammer Falls.
A binding contract between You and the Seller under which Your offer to purchase the Lot for a consideration equal to Your highest Bid plus commission (plus VAT on that amount) is made When the Hammer Falls at which point, subject to Clause 3 below (reserves), the Seller accepts Your offer to purchase the Lot.

You cannot reduce or cancel a Bid once it has been made and the Auctioneer's decision as to whether or not a Bid has been validly made shall be determinative.

3.Reserves

Where the Lot is subject to a Reserve, and notwithstanding that the Lot may have been knocked down to You upon the fall of the Auctioneer's hammer following your highest Bid, the Seller's acceptance of your offer to purchase the Lot at Your highest Bid is conditional on Your highest Bid being equal to or higher than the Reserve. The Auctioneer may at its sole discretion sell the Lot for less than the Reserve but will account to the Seller as if the Lot had been sold at the Reserve.

4.Variations

In all cases any additional or alternative terms and conditions:

(a)printed in the relevant Catalogue;

(b)set out in any written contracts for sale provided to You by the Auctioneer; or

(c)notified by oral announcements made at any time by the Auctioneer before the moment When the Hammer Falls

shall take precedence over the terms and conditions shown below and if You place any Bid You shall deemed to be making an offer upon these terms and conditions as varied by any of the additions/variations referred to at (a) to (c) above.

5.Seller's Undertakings

The Seller undertakes to You that:

(a)the Seller is the owner of the Lot or is duly authorised as an agent (whether such agency is disclosed or not) for a principal who is the owner to sell the Lot (and where the Seller acts as an agent for the owner of the Lot the Seller as agent and the principal shall be jointly and severally liable as such to sell the Lot); and

(b)save as may be disclosed in the Catalogue, the Seller sells the Lot with full title guarantee free from all liens, charges, encumbrances and third party claims or, where the seller is the executor, trustee, liquidator, receiver or administrator, with whatever right, title or interest he may have in the Lot.

6.Your Undertaking

You undertake to the Seller and the Auctioneer that You are placing Bids in order to purchase and own a Lot Yourself and You are not making Bids as an agent for a principal. You accept that When the Hammer Falls You cannot avoid being personally liable to complete the purchase of the Lot by claiming that you are acting as the agent of a third party principal.

7.The Description of the Lot

The Lot is not sold as corresponding with any description in the Catalogue or any statement or representation made in writing by, or on behalf of, the Auctioneer.
Interested parties should satisfy themselves as to the description and condition of each Lot prior to the sale. Accordingly, buyers are on notice that each vehicle is offered ‘as is/as seen’ subject to the Terms and Conditions for the auction. All registration numbers, engine and chassis details are sourced from registration documents provided to Historics by the client or representative or HPI checks and buyers are to satisfy themselves as to the accuracy of these details. Buyers are advised to inspect the vehicle in person or use a professional to carry out this service. Historics will not entertain disputes over descriptions.

8.Exclusions and Limitations of Liability

Without limiting the provisions of Clause 7 above neither the Seller nor the Auctioneer makes or gives any contractual promise, undertaking, obligation, guarantee, warranty, or representation of fact, or shall be deemed to have any duty of care, in relation to any description of the Lot or any fact or statistic applied or made in relation to it. In particular, neither the Seller not the Auctioneer shall have any liability (whether implied by the Sale of Goods Act 1979 or otherwise) in respect of the Lot's quality, manufacturer, value, model description, date of creation, provenance, prior owners, component parts, manufacture, service history, road/air/seaworthiness, safety, heritage, any remedial work carried out on it, its compliance with any relevant laws or regulations, its fitness for any purpose or its conformity with any description.

Without limiting the provisions of Clauses 7 and 8 above to the fullest extent permitted by law neither the Seller nor the Auctioneer nor any associated company shall be liable to You for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with these Terms and Conditions, the sale or supply of any Lots or their use or resale by You.

Without limiting the provisions of Clauses 7 and 8 above the Seller's and the Auctioneer's liability to You for any claim arising in relation to the Sale will be limited to the payment of a sum which will not exceed by way of maximum the amount of the Purchase Price of the Lot.

Notwithstanding the above, nothing in these terms and conditions excludes or limits either the Seller's or the Auctioneer's liability in respect of their fraudulent misrepresentation or any death or personal injury arising out of their negligence or any other liability to the extent the same may not be excluded or restricted as a matter of law.

9.Risk, Property And Title

Subject to Clause 3 above (reserves) risk in the Lot passes to You When the Hammer Falls. The Seller and the Auctioneer will not be responsible thereafter for the Lot prior to you collecting it from the Auctioneer, and You must make Your own arrangements to ensure the safekeeping of the Lot.

Subject to Clause 3 above (reserves) You hereby indemnify the Seller and the Auctioneer and keep them fully indemnified from and against all claims, proceedings, costs, expenses and losses arising in respect of any injury, loss and damage caused to or by the Lot after the moment When the Hammer Falls until the moment title to the Lot passes to you in the manner described below.

Title to the Lot remains in and is retained by the Seller until all of the following have occurred:

(a)the Purchase Price, the Buyer's Commission and all other sums payable by you to the Auctioneer and the Seller in relation to the Lot have been paid in full to, and received in cleared funds by, The Auctioneer; and

(b)You have collected the Lot in accordance with Clause 13 below.

you accept that it is Your responsibility to procure and complete any and all paperwork to perfect Your title to any Lot and to record your interest in, and responsibility for, the Lot with any relevant authority.

10.Buyer's Commission

It is a condition of the contract for the sale of the Lot to You that You pay to the Auctioneer the Buyer's Commission which is a sum equal to 12% of the Purchase Price [plus VAT] (20% for automobilia) and which represents part of the consideration due to the Auctioneer for the Auctioneer's facilitation of the sale of the Lot.

In the event that the sale of the Lot to You is not completed because of any breach by You of these Terms and Conditions You undertake to compensate the Auctioneer in full in respect of the Buyer's Commission that would have been payable along with any other commission that would have been due to the Auctioneer from the Seller if the sale of the Lot had been completed [plus VAT where applicable]. Buyers using some bidding platforms may be subject to an additional commission.

In the event that You attend at a Sale, the Lot is not sold (or does not meet its Reserve) but during or within [3 months] after the Sale You enter into a commitment with the Seller or any related company to acquire any interest in the Lot (or any part of it) You also undertake to simultaneously pay the Auctioneer 12% of the total price payable to the Seller or any related company for the interest in the Lot [plus VAT].

11. Unsold Lots and Resale Rights
Where a Lot does not sell at the Sale for whatever reason then the Auctioneer has the sole and exclusive right to sell the Lot to You by private treaty for a period of 21 days from the date of the Sale. You agree that if You purchase the Lot during that 21-day period then these Terms and Conditions govern any such sale. For the avoidance of doubt Your purchase of the Lot will be the same as the moment When the Hammer Falls.

You agree that in the event that the sale of any Lot is subject to a Resale Right it will, as between You, the Auctioneer and the Seller, be Your responsibility to establish whether or not the Resale Right applies, to establish to whom any payments must be paid, to establish what payments or royalties might be due under it and to make any such payment in full and you hereby indemnify the Auctioneer and the Seller against any failure on Your part to do so.

Notwithstanding what is said above in the event that the sale of any Lot is subject to a Resale Right the Auctioneer shall have the right, but not the obligation, to increase the Buyer's Commission by an amount equivalent to the amount due from the Seller, the Auctioneer and/or You in respect of the Resale Right and to make the Resale Right payment itself. In the event that the Auctioneer exercises that right it shall notify You in advance and it shall also be entitled to further increase the Buyer's Commission in order to recover all costs and expenses (including interest and legal costs) incurred by it and relating to the Resale Right payment.

12.Payment

Subject to Clause 3 above (reserves) Your obligation to pay the Purchase Price and the Buyer's Commission arises When the Hammer Falls.

Time will be of the essence in relation to payment of all sums under these Terms and Conditions and unless the Auctioneer agrees in writing to the contrary all such sums must be paid to The Auctioneer by You in pounds sterling in the manner required by the Auctioneer [within 1 day of [on the day of the Sale] after the moment When the Hammer Falls].

If You do not pay any sums due strictly in accordance with this Clause 12, the Seller (subject always to the prior written agreement of the Auctioneer) and the Auctioneer will have the right, without further notice to You, to exercise one or more of the following rights:

(a)to terminate (without damages or penalties arising on the part of the Auctioneer or the Seller) immediately the contract for Your purchase of the Lot for Your breach of contract;

(b)to immediately re-advertise or sell the Lot by auction, private treaty or any other means;

(c)to retain possession of the Lot;

(d)to remove and store the Lot at alternative premises at Your expense;

(e)to take legal proceedings against You for any sum due and/or damages for breach of contract;

(f)to increase Your liability to include interest on any outstanding sums due from the date when such payment was due until the date of actual payment at a rate per annum determined under section 6 of the Late Payment of Commercial Debts (Interest) Act 1998 (or any higher rate implemented under any legislation that replaces or repeals that section) and notwithstanding that You may not be acting in the course of a business, plus any reasonable and identifiable costs including legal fees incurred in recovering these sums;

(g)to retain possession of any other property sold to You by the Seller at the Sale or by any third party an any other auction or by private treaty until all sums due under the contract for Your purchase of the Lot shall have been paid in full in cleared funds;

(h)to retain possession of, and to sell any of Your other property in the possession of the Seller and/or of The Auctioneer (as bailee for the Seller) for any purpose (including, without limitation, other goods sold to You) and to apply any monies due to You as a result of such sale in satisfaction or part satisfaction of any amounts owed to the Seller or to The Auctioneer; and

(i)so long as such goods remain in the possession of the Seller or The Auctioneer as its bailee, to rescind the contract for the sale of any other goods sold to You by the Seller at the Sale or by any third party an any other auction or by private treaty and apply any monies received from You in respect of such goods in part or full satisfaction of any amounts owed to the Seller or to The Auctioneer by You.

You agree to indemnify the Seller and the Auctioneer against all legal and other costs of enforcement, all losses and other expenses and costs (including any monies payable to the Seller or the Auctioneer in order to obtain the release of the Lot) incurred by the Seller or the Auctioneer (whether or not court proceedings will have been issued) as a result of the Seller or the Auctioneer taking steps under this Clause 12 on a full indemnity basis together with interest thereon (after as well as before judgement or order) at the rate specified above from the date upon which the Seller and/or the Auctioneer become liable to pay the same until payment by You.

Finance may be available subject to status and indemnities may be required. If You are purchasing a vehicle using finance, please satisfy Yourself that finance has been formally arranged before bidding. You will be liable for payment of the Lot regardless of whether You are able to obtain finance.

13.Collection of the Lot

Unless otherwise agreed in writing by the Auctioneer, the Lot will be released to You only when the Auctioneer has received cleared funds to the amount of all sums owed by You to the Seller and to the Auctioneer.

You will collect and remove the Lot at your own expense from the Auctioneer's (or the Seller's) custody and/or control in accordance with the Auctioneer's instructions or requirements.

You will be wholly responsible for packing, handling, insurance and transport of the Lot on collection and for complying with all import or export regulations in connection with the Lot.

You will be wholly responsible for any removal, insurance, storage or other charges or expenses incurred by the Auctioneer or the Seller if you do not remove the Lot in accordance with this Clause 13 and will indemnify the Auctioneer and the Seller against all charges, costs, including any legal costs and fees, expenses and losses suffered by the Auctioneer and the Seller by reason of your failure to remove the Lot including any charges due from any third party storage provider. All such sums due will be payable on demand.
Buyers should note that any vehicle purchased using finance options will need to be collected from EM Rogers' Northampton depot, which will incur transport and storage charges. These transport and storage charges are to be settled by You, the Buyer in order for collection to take place.

14.Data Protection

You agree to allow Historics use your personal information in accordance with Historics privacy policy. All information provided by You to the Auctioneer will be treated confidentially and will not be passed on to third parties, except to the extent this is necessary in order to complete a sale transaction provided that the Auctioneer reserves the right to pass on information where this is required by legislation, government authorities or the courts.

The Auctioneer shall also have the right to use any personal information obtained from you to notify you of auctions and other events and products of a related nature made available by the Auctioneer or by carefully chosen third parties and the Auctioneer also reserves the right to use the information in an anonymous form, for example in connection with marketing, user surveys and statistical analysis.

15.General

You may not assign either the benefit or burden of the contract for Your purchase of the Lot.

The Seller's or the Auctioneer's failure or delay in enforcing or exercising any power or right under these Terms and Conditions will not operate or be deemed to operate as a waiver of their rights except to the extent of any express waiver given to you in writing. Any such waiver will not affect the Seller's or the Auctioneer's ability subsequently to enforce any right arising under these Terms and Conditions.

Neither the Seller nor the Auctioneer shall be liable for delay in performing or for failure to perform their obligations under these Terms and Conditions if they are prevented from, or delayed in, carrying on their business by acts, events, omissions or accidents beyond their reasonable control.

If any term or any part of any term of these Terms and Conditions is held to be unenforceable or invalid, such unenforceability or invalidity will not affect the enforceability and validity of the remaining terms or the remainder of the relevant term.

No person who is not a party to these Terms And Conditions shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999 but, for the avoidance of doubt, the Auctioneer shall be entitled to enforce any term of these Terms and Conditions that confer a benefit on it.

These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

At the election of the Auctioneer the Seller and You accept that any dispute arising out of or in connection with these Terms and Conditions (including any dispute arising out of the contract for Your purchase of the Lot) may (if the Auctioneer so decides) be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more UK based arbitrators appointed to preside over an arbitration that takes place in London in accordance with the said Rules.

Historics Auctioneers Timed Online Auctions Terms & Conditions

Introduction
1.1 These are the terms and conditions upon which you may access and use our sales platform. By accessing and using our sales platform and our services, you will be legally bound by these terms, our privacy policy and all other policies posted on our sales platform.

1.2 Please read these terms carefully before you use our sales platform. These terms tell you who we are, how the sales platform 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. If you do not agree with these terms you should stop using our sales platform immediately.

Information about us and how to contact us.
2.1 HISTORIC AUCTIONEERS LIMITED is a company registered in England and Wales. Our company registration number is 6997410, our registered office is Historics Auctioneers Thorney Business Park, Thorney Lane North, Iver, SL0 9HF.

2.2 Historics Auctioneers limited Online sales is an online sales platform 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 during the timed 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 seller and buyer of the item.

2.3 We do not sell items; we only provide a sales platform service for buyers and sellers to transact between themselves and to assist in the facilitation of that process.

2.4 You can contact our online specialists by calling 01753 639 170 or emailing sw@historics.co.uk.

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.

Registering an account with us
3.1 You will be able to browse our sales platform without registering.

3.2 To set up a watchlist you will need to follow our registration process, we ask for your details so that we can keep you informed about any items you are watching or inform you of items for sale that are similar to the one you are watching.

3.3 Before you are able to use our sales platform to buy and sell items, you must follow the full registration process so that we can approve your account. You must be over 18 to do this. This applies whether you are a seller or a buyer on our online sales platform. The details on how to register with us are set out on our sales platform.

3.4 When selling on our sales platform, you must inform us if you are 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.

3.5 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 sales platform, even if the obligation to pay such a fee arises during this 14-day period.

3.6 For an account that enables you to buy or sell via our sales platform we will need your email address, full name and postal address, and telephone number. We will also ask for your payment card details; this enables us to confirm your identity. When you bid, you are agreeing to pay our buyers fee 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 and seller 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). Your payment details will be held securely by our payment provider OPAYO. Visit www.elavon.co.uk/legal/merchant-terms-conditions-opayo to access their privacy terms and terms and conditions.

3.7 Our privacy policy is set out on our sales platform. For registration purposes, we will use the information supplied to verify your identity before we approve your account.

3.8 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 to approve your account.

3.9 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.

3.10 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.

3.11 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify our offices at sw@historics.co.uk.

3.12 As a registered user you are agreeing to use our sales platform only for the purposes it is intended, any unlawful use of our sales platform will result in your account being suspended or terminated. This includes but is 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 sales platform in any way that results in causing harm to others.

Changes to these terms
We may change the way in which our sales platform 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 sales platform and especially each time you wish to sell or buy an item to ensure you are aware of any changes we have made.

Providing the sales platform
5.1 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.

5.2 If a seller withdraws an item from the sales platform once they have approved the listing for publication, we will charge the seller a fee equivalent to the buyer’s and sellers fee plus VAT based on the guide price agreed at the time of listing.

5.3 If the seller fails to complete the purchase with a buyer who made the successful bid at the auction or post auction, the seller will be charged a fee equivalent to the buyer’s and seller’s fee based on the winning bid or agreed price.

5.4 The seller is responsible for the accuracy of the listing 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 and seller’s fee based on the winning bid or agreed price.

5.5 If the buyer fails to complete the purchase, they will still be required to pay our fees calculated on the winning bid or the price agreed.

5.6 If access to or the use of the sales platform 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.

5.7 Your right to use the sales platform is dependent on the validity of your registered payment card. If your payment card is out of date or has been cancelled your access may be withdrawn until you update your payment card details.

5.8 We do not guarantee that the sales platform 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 sales platform (including any listing) for business or operational reasons.

Listing an item for sale (seller’s obligations)
6.1 You will be asked 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 online auction, 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 sales platform, you, as the seller, are confirming that you are the owner of the item or that you are legally 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 provide a copy of the V5 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 sales platform.

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 sales platform. 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 sales platform, 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 sales platform you will need to complete an entry form. In addition to the information set out in clauses 6.1 to 6.4 you shall provide:

(a) Year, make, model, registration number, mileage, chassis number, transmission;

(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.

(d) It is the responsibility of the seller to instruct any photographer to fulfil the conditions set out in clause 6.8.

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 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 5.2.

6.12 After approval, your item will be listed on our sales platform. You give us the full and absolute right to promote your item at our discretion including, but not limited to, listing on third party websites, social media channels and in the press.

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 sales platform during the listing period. If you do, then you will be required to compensate us in accordance with clause 5.2.

6.14 Once the bidding is complete we will invoice the successful bidder who will need to complete the transaction within 7 days once payment is received we will provide you with winning bidder’s contact details to enable you to complete the transaction within a further 7 days.

6.15 If we fail to collect the fees from the buyer, we have the right to offer the item to the under bidders within 14 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 and seller’s fee from you.

6.17 If your item fails to sell in the auction, we have the right to negotiate the sale of the item, on terms agreed with the you, within 14 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.

Trader obligations
In addition to the seller’s obligations listed in clause 6, if you are a trader (see clause 3.4) you 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 sales platform; 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 sales platform.

Buying (buyer’s obligations)
8.1 You must be registered with us, including providing a valid payment card before you can buy or bid for any item listed on the sales platform. If your payment card becomes invalid you will be prompted to replace it with a valid payment card, you will be unable to bid further on any item if a valid payment card is not available on your account.

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 in person.

8.3 When a buyer places a bid to purchase an item on our sales platform you are making an irrevocable offer to purchase the item at that price. 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. You cannot revoke or withdraw that bid once it has been made. 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 at sw@historics.co.uk);

(b) the payment card registered is no longer valid;

(c) we believe you or someone you know is attempting to “bid the price up”;

(d) any seller or proposed buyer is acting in breach of this contract; and

(e) any information comes into our possession that questions our approval of your account.

8.5 Once an auction has completed, we will inform you of your winning bid and confirm the buying fees owed. If you have failed to pay the amount due within 24 hours, we will contact you and request payment via bank transfer within 7 days of the invoice date. When we have successfully collected your payment, we will send you the seller’s details and the seller will be sent yours (name, email address and telephone number). It is then your responsibility to contact the seller to arrange to complete the transaction within 7 days of payment.

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 sales platform. This applies to any sale completed between a buyer and a seller where the item is listed on our sales platform. We will charge the fee we would have otherwise received from the buyer and seller in accordance with these terms.

8.8 If you reasonably suspect or discover that a trader is using the sales platform to sell items by masquerading or representing themselves as a private seller, you should let us know as soon as possible by contacting our online team on 01753 639170 or emailing sw@historics.co.uk.

Sales platform content
9.1 This sales platform will include images, information, and materials (content) that may not have been verified or approved by us.

9.2 Any content which you upload to the sales platform must not be:

(a) defamatory of any person (alive or deceased);

(b) obscene, offensive, hateful or inflammatory;

(c) sexually explicit;

(d) violent;

(e) discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age;

(f) deceptive;

(g) in breach of any legal duty owed to a third party;

(h) illegal;

(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 provided by you to our sales platform 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 provided 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 provided 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 sales platform 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 the sales platform. You must not use, copy or modify any material you have printed off or downloaded from the sales platform in any way.

9.9 Although we make reasonable efforts to keep the sales platform 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 the sales platform 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 email sw@historics.co.uk

The following clauses 10 and 11 only relate to the contract between you as a user of the sales platform 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 the sales platform. This period starts on the day your application to use the sales platform is accepted by us. However, if within this 14-day period you list or apply to list an item for sale on the sales platform or make a bid in respect of any item listed for sale on the sales platform, 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.

Our rights to end your contract with us.
11.1 We may suspend or terminate your access to the sales platform 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 sales platform (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 the sales platform in the situations set out in clause 11.1 you will be required to compensate us for our loss of fee in the manner set out in clause 5.2, clause 5.4 or 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 as a result of a listing being withdrawn by us.

Buyer and seller agreeing to cancel the contract for the purchase of the item
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 and seller will remain liable to pay our fee.

Disputes between the buyer and seller
As we only provide the sales platform to enable buyer and seller to buy and sell their items, it is the responsibility of the two parties to resolve any differences between themselves.

Limitation of liability
14.1 As a consumer accessing or using the sales platform, you agree not to use the sales platform 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 the seller’s commission of the reserve price agreed with you in accordance with clause 6.11.

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 £25:
£25 increments from £25 up to £2,000

£100 increments from £2,001 up to £10,000

£250 increments from £10,001 to £50,000

£500 increments above £50,001

Bidding rules

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 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.

Maximum bids

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 above the

reserve 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.

Appendix 2 – Fees

Selling – We will charge the seller the following based on the winning bid of an item
listed on the sales platform:

Vehicles
The Seller’s fee is 4% of the winning bid (plus VAT).
Automobilia
The Seller’s fee is 10% of the winning bid (plus VAT)
Registrations and cherished plates
The Seller’s fee is 10% of the winning bid (plus VAT)

Buying – we will charge the buyer the following if they are the winning bidder of an item listed on the sales platform:

Vehicles
The Buyer’s fee is 6% of the winning bid (plus VAT)
Automobilia
The Buyer’s fee is 20% of the winning bid (plus VAT)
Registrations and cherished plates
The Buyer’s fee is 10% of the winning bid (plus VAT)

VAT

VAT will be charged at the prevailing rate.

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