T&Cs for seller-buyer contracts

Photography by: Article by: 22 May, 2021

Sellers may provide legal notices to us for publication as part of a listing.
A seller must ensure that:

  • the seller’s legal notices are sufficient to meet the seller’s legal disclosure obligations and other legal obligations; and
  • the seller complies with all other laws applicable to their listings and sales, including where applicable the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Electronic Commerce (EC Directive) Regulations 2002.

Except to the extent that a buyer and seller expressly agree otherwise (but subject to the mandatory requirements of applicable law), the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller:

  • the price for a lot sold by auction will be the successful bid price at the end of the auction period, and the price for lots sold in the purchase now period will be as stated through our services when the parties enter into the contract of sale and purchase;
  • the price must be paid by the buyer to the seller in cleared funds within 7 days following the contract date;
  • the seller must acting reasonably make the lot available to the buyer, and the buyer must collect the lot from the seller, within the period of 7 days following the contract date; if the seller incurs additional storage costs as a result a failure of the buyer to collect the vehicle within this period, the buyer must compensate the seller for those costs insofar as they are reasonable;
  • VAT due to the taxation authorities in the seller’s jurisdiction will only be payable by the buyer if this is expressly and clearly stated in the listing;
  • buyers are responsible for complying with any applicable export or import laws and paying any applicable custom duties relating to the collection or delivery of a lot;
  • if the seller agrees to deliver the lot to the buyer, any delivery charges or related charges will only be payable by the buyer if this is expressly and clearly stated in the listing;
  • if the seller agrees to deliver the lot to the buyer, the delivery must be made within 30 days following the date the contract of sale comes into force and appropriate means of delivery of products must be used by the seller;
  • lots are offered and sold on an “as is” basis, subject to the warranties specified in the listing or mandated by law, if any;
  • risk in and title to a product shall pass from the seller to the buyer on the later of: (a) the payment of all amounts due to be paid by the buyer to the seller with respect to that product; and (b) the collection of the product by the buyer or delivery of the product to the buyer;
  • if a buyer resells or otherwise disposes of any lot, or purports to resell or otherwise dispose of any lot, the buyer shall hold the proceeds of resale or other disposition on trust for the seller.

Both buyers and sellers undertake to comply with the agreed terms and conditions of sale and purchase as well as these terms and conditions.

Buyers and sellers agree that, where required by law, the provision of Part 4 shall apply to contracts of sale made through our services.

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