Terms and Conditions
Last updated August 2019
- Introduction
These are the terms and conditions that govern your use of the website classiccars.co.uk (the “Website”), and the sale and purchase of classic cars (the “Cars”) either via the Website or in-person.
K&H Classics is based at 4 Queens Road, Hersham Village, Walton on Thames, Surrey KT12 5LS (“we” or “us”). We also operate the Website.
- Use of the Website
You have permission for temporary use of the Website, but we can withdraw or change our service at any time without telling you and without being legally responsible to you.
You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).
If you allow anyone else to use our Website, you must make sure that they read these terms first, and that they follow them.
Only use the Website as allowed by law and these terms. If you don’t, we may suspend your usage, or stop it completely.
We frequently update the Website and make changes to it, but we don’t have to do this, and material on the Website may be out-of-date. No material on the Website is intended to contain advice, and you shouldn’t rely on it. We exclude all legal responsibility and costs for reliance placed on the site by anyone.
We follow our privacy policy in handling information about you. You can find our privacy policy on the Website.
By using the Website, you agree to us handling this information and confirm that data you provide us is accurate.
- Intellectual Property Rights
We are the owner or licensee of all intellectual property rights in the Website (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright.
You are allowed to print one copy and download extracts of any page on the Website for your personal reference, but not for commercial use without a licence from us. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them. If you breach these terms, you lose your right to use our Website, and must destroy or return any copies you have made.
- Our Legal Responsibility to You
We do not guarantee the accuracy of material on our site. As far as legally possible, we exclude legal responsibility for the following:
- Any loss to you arising from use of our site
- Loss of income, profit, business, data, contracts, goodwill or savings
We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.
We don’t exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.
- Uploading to the Website
Material that you upload to the Website will be regarded as non-confidential and not owned. This means that we can copy it, distribute it, and show it to other people for any purpose. You agree that if anyone else claims to own the material, or says that it breaches their rights, we can give them your identity.
We won’t be legally responsible to anybody for the accuracy of material that you upload to the site, and we can remove it at any time.
- Computer Offences
If you do anything which is a criminal offence under a law called the Computer Misuse Act 1990, your right to use the Website will end straightaway. We will report you to the relevant authorities and give them your identity.
Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.
You mustn’t try to get access to our Website or server or any connected database or make any ‘attack’ on the site. We won’t be legally responsible to you for any damage from viruses or other harmful material that you pick up via our site.
- Links to the Website
You are allowed to make a legal link to our website’s homepage. We can end this permission at any time.
You mustn’t suggest any endorsement by us or association with us unless we agree in writing.
- Links From the Website
Links from the Website to other websites are for information only. We don’t control them and don’t accept responsibility for other websites or any materials found upon them or any loss you suffer from using them.
- Buying and Selling Cars Directly
9.1 You acknowledge that we may buy from you, or sell Cars to you, via our Website or in-person. Where either you or us buys a Car from the other, that party will be the “Buyer” under this clause 9. Where either you or us sells a Car to the other, that party will be the “Seller” under this clause 9.
9.2 By proceeding to purchase a Car as a Buyer, whether via the Website or in-person, the Seller hereby agrees to these terms. If the Seller does not agree with these terms, the Seller should not proceed with a purchase.
9.3 The Buyer may offer to buy a Car from the Seller based on these terms. The Buyer must make sure that any offer to buy a Car is correct.
9.4 You may also instruct us to sell Cars on your behalf, on a commission basis, whereby we will receive (TBA) % commission on the sale price of any Car on your behalf. In such event, the terms of this clause 9 shall also apply to such sales, in addition to clause 10 below. In such sales transactions, we act as the Seller’s agent (“Agent”).
9.5 If the Seller or Agent sends the Buyer a written acceptance of the offer, then the parties have a binding contract, and these terms form part of it.
9.6 The Seller or Agent will ensure that the following information is given or made available to the Buyer prior to the formation of a contract, unless such information is already apparent from the context of the transaction:
9.6.1 The main characteristics of the Cars;
9.6.2 Our identity and contact details;
9.6.3 The total price for the Car including taxes or, if the nature of the Car is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
9.6.4 Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;
9.6.5 Where applicable, the arrangements for payment and delivery;
9.6.6 With respect to us only, our complaints handling policy; and
9.6.7 With respect to us only, we shall ensure that you are aware of our legal duty to supply goods that are in conformity with these terms.
9.7 For Cars sold by us, the Cars are as described on our Website.
9.8 The Seller will deliver the Car, and the Buyer shall take possession of the Car, at the Seller’s premises (either in person or through a third party), on the delivery date agreed between the parties. It is the Buyer’s duty, either in person or through a third party, to appear at the Seller’s premises at the agreed upon time to remove the Car from the Seller’s premises. If the Buyer fail to appear at the Seller’s premises at the agreed upon date and time to accept possession of the Car:
(a) risk of loss passes to the Buyer on the agreed upon delivery date; and
(b) we will apply a storage fee of £(TBA) per day.
9.9 The Seller shall transfer title in the Car to the Buyer upon delivery of the Car to the Buyer. We agree to execute all documents presented by the Buyer which are necessary to finalise the transfer of title in the Car.
9.10 The Cars are sold ‘as is’, and the Seller does not in any way, expressly or impliedly, give any warranties to the Buyer. The Seller expressly disclaims any implied warranties of merchantability or fitness for a particular purpose, subject to clauses 9.12 and 11.
9.11 The Buyer acknowledges and agrees that it is responsible for insurance and tax in respect of the Car from the time of delivery, and that the Seller will cancel any insurance and tax in place on the Car from this time.
9.12 Where we act as Seller, we offer the warranty set out in clause 11 below.
- Selling through Us as Agent
10.1 Where you want us to sell your Car as Agent on your behalf, we provide the following services:
10.1.1 storage of the Car (this is charged at a rate of £(TBA) per week, and such fee shall only be chargeable after we have stored the Car for a period of 6 weeks);
10.1.2 advertising the sale of the Car (included within the commission stated within clause 10.4); and
10.1.3 meeting potential buyers and dealing with the negotiations in relation to the sale of the Car (included within the commission stated within clause 10.4),
(together, the “Sale Services”).
10.2 Where we provide you with Sale Services, we act as Agent for you as Seller. Any sale made results in a contract between you as Seller and the Buyer. We shall not be liable for any act or default by the Buyer or the Seller.
10.3 You must provide us with a guide on a pricing range, within which we will use reasonable endeavours to sell the Car. We have the right at our sole discretion to refuse any price offer. You must also provide us with all documentation as and when you agree that we will sell the Car as Agent, including registration documents, MOT and all other relevant documentation in respect of the Car.
10.4 We take a commission of (TBA)% of the final sale price of any sale of a Car on your behalf, plus expenses and any other sums due from you to us. You as Seller acknowledge our right to retain such amounts.
10.5 You as Seller warrants to the Buyer and to us that:
10.5.1 you are the owner of the Car or are properly authorised to sell the Car by the owner, and are able to sell the Car with full title guarantee free from all encumbrances and third party claims and in particular that there is no outstanding finance affecting the Car or any taxes due. If the Car is subject to finance, the amount outstanding must be confirmed prior to consignment and sale;
10.5.2 you have notified us in writing of any material alterations to the Car of which you are aware and of any concerns expressed by third parties in relation to the authenticity, provenance, origin, age, condition or quality of the Car, and have provided us with all such information in your possession or control;
10.5.3 you will compensate us and the Buyer in full for all losses, expenses and other costs which are caused by your breach of any obligation under these terms;
10.5.4 you have in place insurance that will cover the Car remaining on our premises until collection by the Buyer, or until you otherwise remove the Car from the premises (for the avoidance of doubt, we do not provide insurance in respect of a Car that is placed with us for storage); and
10.5.5 the Car will have a current MOT (where applicable) and it is insured and taxed, to allow us to carry out test drives with prospective Buyers.
10.6 Subject to our right of retention under clause 10.4 above, we shall pay the sale proceeds (minus any costs, including but not limited to as set out in clauses 10.4 and 10.13) to the Seller no later than 14 working days after the sale, provided the purchase price has been received in full from the Buyer.
10.7 If the Buyer fails to pay the purchase price within 7 days of the sale, we will notify the Seller, who may instruct us as to the appropriate course of action. We will endeavour to assist the Seller, but we are under no obligation to do so, and shall not be under any obligation to institute proceedings in our own name. No Car will be released to a Buyer unless the full purchase price has been received by us as Agent, and only at this stage shall the purchase have been completed.
10.8 Any monies recovered by and paid to us in consequence of us taking one or more steps as set out in clause 10.7 shall be applied to the payment of proceeds to the Seller as set out in clause 10.4.
10.9 The Seller may, by notice in writing to us, withdraw the Car from the Sale Services. In the event of such withdrawal, the Seller shall within 14 working days of withdrawal pay us a cancellation fee of £TBA.
10.10 In the event that the Seller withdraws the Car from the Sale Services, the Seller shall arrange for collection and removal of the Car from our business premises at its own expenses within two working days after the date of withdrawal, provided that the Seller may not collect the Car unless and until any withdrawal fee payable under clause 10.9 has been paid in full. A storage fee of £(TBA) per day will be applied if the Car is not collected on the agreed upon date. The Car cannot be removed from our premises until all outstanding payments have been received.
10.11 Where we sell a Car to you as Agent as part of the Sale Services, we shall not be liable for any error, misstatement in or omission from the description of any Car where we have:
10.11.1 been provided with the description by the Seller or any person on its behalf; or
10.11.2 provided the Seller with a copy of such description prior to publication on the Website, and neither the Seller nor any person on his behalf has notified us in writing within a reasonable time of any error or misstatement in or omission from the description.
We have no duty to the Seller or the Buyer to investigate the accuracy of the description of any Car provided by or on behalf of the Seller.
10.11 Where we act as Agent in performing the Sale Services, the Seller provides to the Buyer the warranty set out in clause 11.
10.12 In the event that a Seller wishes to withdraw a Car from the Sale Services, we will invoice the Seller for costs incurred to date, and the Seller must pay the invoice upon receipt. Failure to pay such invoice will be dealt with in accordance with clause 12.3.
10.13 The Seller shall be responsible for all costs in respect of the Car, including but not limited to any repairs or any warranty costs that may become due and payable under clause 11.
- Warranties
11.1 Where we are the Seller and you are the Buyer, and you are a consumer, we offer you the following promise for 12 weeks from the delivery date:
11.1.1 the Car is the same in all material respects as its description. We have made every reasonable effort to ensure that each Car conforms to illustrations, photographs and descriptions provided on our Website. We don’t, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate. If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible;
11.1.2 the Car is free from significant defects (such “significant defects” being any mechanical issue that prevents the Car from being used in the normal way); and
11.1.3 the Car is fit for normal usage, and has a current MOT.
11.2 In respect of any cars that are over ten years old (“Classic Cars”), the warranty set out in clause 11.1 shall be limited to the maximum total claim value of £500, and shall apply for either the 14 working days period set out in clause 11.1, or for 1,000 miles covered by the Classic Car since purchase (whichever is earlier). This covers parts and labour, and is the total claim liability covered by us. Such warranty covers only mechanical failure (relating to the engine, steering brake system suspension, gearbox and drive shafts), and not wear and tear, and the Classic Car must be returned in the same condition as it was when purchased. Specifically, this warranty does not cover:
11.2.1 bodywork;
11.2.2 wiring loom;
11.2.3 air conditioning (if fitted);
11.2.4 seating and upholstery;
11.2.5 glass;
11.2.6 electrical components and instrument gauges;
11.2.7 sound systems;
11.2.8 tyres;
11.2.9 exhaust systems (including catalytic converters, if fitted);
11.2.10 brake pads;
11.2.11 all fluids and consumables; or
11.2.12 the Car being unavailable for use.
11.3 If you discover that the Car does not meet this promise, you can either reject it within 14 working days of delivery by notice in writing to us, or require us to repair or replace them, or (if we fail to do that) require us to refund you the price of the defective Car. This will only apply, however, if you have done the following:
11.3.1 given us a reasonable opportunity of examining the Car;
11.3.2 returned the Car to us at our address and cost, if requested; and
11.3.3 returned the Car in the same condition as when purchased.
11.4 Our promise does not apply if:
11.4.1 you continue to use the Car after you have given us notice of a defect;
11.4.2 the defect has arisen because you have failed to follow any written or oral instructions on the use, storage or maintenance of the Car;
11.4.3 the defect arises because we followed your instructions;
11.4.4 you alter or repair the Car without previously getting our written agreement;
11.4.5 the defect is a result of fair wear and tear, negligence, (being your lack of reasonable care), abnormal storage or working conditions, or deliberate damage;
11.4.6 changes have been made to the Car to comply with regulations which apply to them.
11.5 Our promise only applies on the basis of this clause, but it also applies on the same basis to any repaired or replacement Car that we supply.
11.6 You may cancel your purchase of a Car at any time before delivery by contacting us in writing.
11.7 You may also cancel your purchase within 14 working days of receipt of the Car if it is placed with us electronically. If you have already paid for the Car, the payment will be refunded to you within 14 working days of your cancellation.
11.8 We may cancel your purchase at any time before delivery in the following circumstances:
11.8.1 The Car is no longer in stock and we are unable to re-stock; or
11.8.2 An event outside of our control continues for more than 14 working days.
11.9 If we cancel your purchase and you have already paid for the Car, the payment will be refunded to you within 14 working days. If we cancel your purchase, the cancellation will be confirmed by us in writing.
11.10 For the avoidance of doubt, this clause 11 does not apply where we sell a Car as Agent on behalf of a Seller.
- Price and Payment
12.1 The price of the Car will be agreed between the Buyer and Seller in writing.
12.2 The Buyer must pay the Seller the full amount agreed upon under clause 12.1 within 7 days of the price being agreed in writing.
12.3 If the Buyer fails to pay on time, the Seller may charge interest at 2% per annum above the Bank of England’s base rate from time to time from when payment should have been received.
12.4 You are not allowed to hold back any payment due to us as a set-off or credit or counterclaim against some other amount that you think we owe you unless the law allows it. However, we may set off any amount you owe us against any amount we owe you.
12.5 If the price is not paid on time, the Buyer shall not be entitled to possession of the Car, and title in the Car shall not pass to the Buyer.
- Limitations on our Legal Responsibilities
13.1 We will not be legally responsible to you for any loss of profit or any loss which you allege arises as a consequence from these terms, and our total legal responsibility to you under these terms will not exceed the price of the Car.
13.2 These terms do not limit our legal responsibility for death, personal injury caused by our unreasonable carelessness (known as negligence) or that of our employees, agents or sub-contractors , fraud, defective products under the Consumer Protection Act 1987, breach of the requirements that our goods be of satisfactory quality, fit for purpose, match a sample, or match a model seen; or any other matter that the law says we can’t exclude (for example under the Consumer Rights Act 2015).
13.3 Neither of us will be legal responsible to the other for failure or delay in carrying these terms which is caused by an event beyond our reasonable control, which we could not have foreseen or which was unavoidable. This includes industrial disputes, energy or transport failures, acts of God, war, terrorism, civil unrest (such as riots), explosions, mechanical breakdown, natural disasters, deliberate damage, or being let down by suppliers or sub-contractors.
13.4 We only sell Cars for domestic and private use. We make no warranty or representation that the Cars are fit for commercial, business or industrial use of any kind (including re-sale).
- General
14.1 We are allowed to transfer our rights and responsibilities under these terms to someone else, for example by assignment, a legal charge or sub-contracting our rights and obligations under these terms, but you may not do any of these things unless we have previously agreed in writing that you can.
14.2 Nobody other than we and you may rely on these terms.
14.3 We may update these terms from time to time, and will publish them on our Website. Please check back regularly for any changes to the terms.
14.4 If either of us wishes to give a notice to the other under these terms, we must give it in writing and either deliver it or send it by first class post to the other’s registered office (or another address specifically given to the sender for this purpose). Delivery by post will be regarded as completed by 9:00 am on the second day after posting. This arrangement does not apply to the service of any documents in legal proceedings.
14.5 Delay in exercising a right under these terms will not take away that right or any other right.
14.6 Any dispute between the parties shall not affect the parties’ ongoing obligations under these terms.
14.7 These terms operate under by English law and only the courts of England and Wales will have the right to deal with any disputes arising from them.
14.8 These terms are our entire agreement, and no previous statements or representations made to you form part of these terms unless they are expressly included. This includes advertising or other promotional or descriptive material.