These Terms and Conditions were last updated on 19th February 2025
Definitions and Interpretation
1. In these Terms and Conditions, the following words have the following meanings:
Applicable Laws: all laws, regulations, statutes, subordinate legislation, common law, judgments, orders, notices, instructions, decisions and awards of any court or competent authority or tribunal, all codes of practice having force of law, and any statutory guidance, regulatory policy or guidance and industry codes of practice. For the avoidance of doubt, Applicable Laws shall include but not be limited to consumer protection laws, sanctions, laws on anti-bribery and corruption, laws on anti-money laundering and the proceeds of crime, and laws on modern slavery;
Auction: the timed sale in which Dealers bid to purchase a Vehicle;
Bid: the sum offered by you on the Classic Trade Platform to purchase a Vehicle;
Buyer Fee: the sum(s) payable to Classic Trade by you in respect of each Vehicle purchased by you, as calculated in accordance with the Buyer Fee Table; (also referred to in these Terms and Conditions as the Deposit);
Buyer Fee Table: the pricing table found at https://www.classictrade.co.uk/fees which sets out the specific Buyer Fees applicable, and as may be updated from time to time;
Classic Trade: Classic Trade Ltd, a company registered in England and Wales with company number 12586206 whose registered office at Unit 11 Holts Court, Threshers Bush, Harlow, Essex. CM17 0NS (also referred to in these Terms and Conditions as we, us, our);
Classic Trade Platform: the online marketplace offered by Classic Trade via the Website;
Confidential Information: has the meaning given to it in Clause 5;
Data Protection Laws: any applicable data protection, privacy, or similar laws that apply to data processed in connection with these Terms and Conditions, including UK GDPR, the Data Protection Act 2018, the Privacy and Electronic Communications Directive 2002/58 and any amendments to these laws or replacements of these laws, including, without limitation, any variations, amendments or re-enactments;
Dealer: you, as a dealer of classic or performance vehicles and an actual or prospective user of the Classic Trade Platform and purchaser or Seller of Vehicles through the Classic Trade Platform (also referred to in these Terms and Conditions as you, your, yourself);
Deposit: the sum(s) payable to Classic Trade by you in respect of each Vehicle purchased by you (also referred to in these Terms and Conditions as the Buyer Fee);
Eligibility Criteria: the criteria, communicated to you by Classic Trade, which must be met in order for you to be allowed to access the Classic Trade Platform, and any services provided through the same, and bid on Vehicles (or sell Vehicles through Classic Trade) which may include, but is not limited to, anti-money laundering checks, Insurance checks and other business-suitability checks conducted by Classic Trade;
On-Demand: the marketplace in which Dealers can make a bid or purchase a Vehicle outright;
Outstanding Finance: relates to any finance due in respect of a Vehicle being offered on the Classic Trade Platform;
Privacy Policy: our Privacy Policy which can be found at https://www.classictrade.co.uk/privacy-policy
Purchase Price: the total sum payable by you to a Seller for their Vehicle;
Seller: an individual or business who sells their Vehicle through the Classic Trade Platform;
Terms and Conditions: these Terms & Conditions, together with our Privacy Policy;
Unacceptable Practices: any of the practices listed in Clause 11.4;
VAT: means value added tax;
Vehicle: any vehicle offered for sale by a Seller on the Classic Trade Platform;
Vehicle Info: the information provided by the Seller in respect of their Vehicle;
Website: the Classic Trade website available at https://ClassicTrade.co.uk/ or such other URL as Classic Trade may determine;
Working Day: a day other than a Saturday, Sunday or public holiday in England.
2. Appointment and Use of the Classic Trade Platform
Classic Trade's Role
1. You acknowledge that Classic Trade is the owner and operator of a Classic and Performance car marketplace, whereby you have the opportunity to purchase Vehicles offered for sale by Sellers. At no point does Classic Trade offer vehicles for sale itself, nor does it acquire any risk or title to any Vehicle made available for sale via the Classic Trade Platform.
Dealer Eligibility and Conduct
2. Subject to you meeting the Eligibility Criteria, Classic Trade shall permit you to access the Classic Trade Platform to enable you to Bid and purchase Vehicles.
3. You shall, at all times when using the Classic Trade Platform:
a. comply with these Terms and Conditions;
b. comply with any policies provided to you from time to time by Classic Trade;
c. continue to meet the Eligibility Criteria;
d. not engage in any Unacceptable Practices; and
e. act in good faith and treat our employees and Sellers with respect, honesty and integrity at all times.
3. Bidding and Purchasing Vehicles
Vehicle Information
1. On the Classic Trade Platform, you will be provided with the Vehicle Info in respect of each Vehicle.
2. You acknowledge and agree that each Vehicle is sold on an 'as is' basis. Classic Trade is a marketplace only and, as such, does not carry out any pre-sale inspection of Vehicles listed for sale on the Classic Trade Platform.
3. If, in your reasonable opinion, further information is required about a particular Vehicle, you should request such information from the seller via the ‘Contact Seller’ button before you make a Bid.
4. You acknowledge and agree that you, alone, are responsible for carrying out your own due diligence on each Vehicle before you place a Bid.
Placing a Bid
5. If you wish to place a Bid for a Vehicle after you have carried out your due diligence, you shall do so via the Classic Trade Platform during the Auction or via On-Demand.
6. All Bids are legally binding and cannot be rescinded.
7. If your Bid is accepted, a Buyer Fee is due to be paid to Classic Trade in full within 2 (two) working days of the sale. Unless outlined in clause 3.11. the deposit (Buyer Fee) is non-refundable.
After Sale Process
8. Once your bid has been accepted, the Vehicle is assigned to You. Within 2 (two) Working Days of the sale you must do the following:
a. login to pay your Deposit (this will release the Seller details)
b. contact the Seller to arrange collection of the Vehicle within 7 (seven) days of the sale.
9. You warrant, represent, and undertake that you shall:
a. comply with all Applicable Laws, including Data Protection Laws;
b. not cancel or terminate the Vehicle Purchase without cause, except in accordance with Applicable Laws; and
c. not include Classic Trade as a party and/or include any representations, warranties or conditions purported to be made by Classic Trade.
Price Adjustments and Cancellation
10. You acknowledge and accept that, save for where permitted under clause 3.11, once a Bid has been accepted by a Seller, you shall purchase the Vehicle from the Seller and the Purchase Price for the Vehicle shall be the same as the winning Bid, accepted by the Seller.
11. You shall only be entitled to cancel a Bid or seek an adjustment to the Purchase Price in the following circumstances:
a. the Seller refuses to sell the Vehicle;
b. there is any undisclosed Outstanding Finance on the Vehicle;
c. you can show that the Seller has engaged in fraudulent activity in selling the Vehicle and/or
d. the vehicle has been factually misdescribed.
12. Whenever you wish to make a cancellation or price adjustment you must:
a. always act in good faith and treat the Seller with fairness and respect at all times;
b. you must be able to demonstrate that the Vehicle Info is incorrect or incomplete, including if there is undisclosed damage to, and/or faults with, the Vehicle.
c. ensure all price adjustments are fairly calculated to accurately account for the undisclosed damage and/or faults with the Vehicle.
d. provide photographic evidence of any factual misdescription which results in the cancellation of a sale. Failure to provide evidence could mean your claim for a refund is rejected.
Discharging Outstanding Finance
13. If the Vehicle Info states that there is Outstanding Finance on a Vehicle, then you undertake to pay, in full, the sum due to the applicable finance company, and the Purchase Price paid to the Seller shall be reduced by the amount of the Outstanding Finance. You should obtain proof of payment of the Outstanding Finance from the applicable finance company which you shall make available to us and/or the Seller on request. You agree to indemnify us and hold us harmless against any losses, penalties, fees, costs, interest, and damages arising out of or in connection with your breach of the Terms and Conditions and we may pursue any such amounts arising under this indemnity via a debt claim against you.
Payment of the Purchase Price
14. the Purchase Price is to be paid in full before or during the collection of the Vehicle from the Seller. Funds must be cleared and confirmed by the Seller before the vehicle is taken.
15. Where a Vehicle is subject to VAT (e.g., a company Vehicle or a Vehicle used as part of a trade, or where the Seller is VAT registered), you agree that you shall pay VAT to the Seller in addition to the Purchase Price.
16. At no point shall any of the Purchase Price for a Vehicle be made in cash.
4. Buyer Fees
Basis of Buyer Fees
1. The Buyer Fee payable to Classic Trade for a Vehicle is based on the agreed Purchase Price.
2. The Buyer Fee (Deposit) is due as outlined in clause 3.7
3. If an Auction Bid is accepted or an On-Demand Bid is accepted or any other offer for purchase is made by you and accepted whether in writing or over the phone then a Buyer Fee is payable.
Making Payment
4. If you fail at any time to pay the Buyer Fee within 2 (two) days, we shall be entitled to charge interest on any outstanding sum at the rate of 5% per annum above the prevailing base rate of Barclays Bank plc for the period from and including the due date to and including the date of receipt (whether before or after judgement).
5. All sums payable are, unless specified otherwise on the Classic Trade Platform, exclusive of any value added tax or other applicable sales tax, which shall be added to the sum in question.
5. Confidential Information
1. Definition: "Confidential Information" refers to all business-related information, whether written or verbal and in any format, shared by one party (the "Disclosing Party") with another (the "Receiving Party"). This includes details about operations, sellers, suppliers, products, financial and managerial matters, dealers, employees, authorized agents, plans, strategies, and trade secrets.
2. Obligations of the Receiving Party: The Receiving Party and its Representatives (as defined below) must not use, copy, or disclose the Disclosing Party’s Confidential Information, except as required to fulfil obligations or exercise rights under the agreed Terms and Conditions.
3. Permitted Disclosures: The Receiving Party may only share Confidential Information with its employees, directors, external advisors, or subcontractors ("Representatives") if they strictly require access to perform their duties under the Terms and Conditions. These Representatives must also be bound by written confidentiality and non-use obligations.
4. Exceptions: The confidentiality obligations in Sections 2 and 3 do not apply to information that:
a. becomes publicly available through no fault of the Receiving Party.
b. Is lawfully obtained by the Receiving Party from a third party not bound by confidentiality obligations.
c. must be disclosed due to legal or regulatory requirements from a competent authority.
6. Data Protection
1. Definitions
In this clause, the terms “appropriate technical and organisational measures,” “controller,” “data subject,” “personal data,” “personal data breach,” “processing,” “processor,” and “supervisory authority” have the meanings given in applicable Data Protection Laws.
Mutual Obligations
2. To facilitate the purchase of a vehicle, both parties will need to exchange personal data related to the Seller. Each party agrees to:
a. adhere to the data specification outlined in Clause 8.
b. act as independent controllers of the personal data and comply with all obligations under Data Protection Laws.
c. use secure methods for sharing personal data, as agreed in writing.
d. notify each other and cooperate in resolving any claims, disputes, or requests regarding personal data from a data subject, supervisory authority, or third party.
e. designate a primary contact for data protection matters and inform the other party of this contact. Classic Trade’s point of contact is legal@ClassicTrade.co.uk.
e. acknowledge that Classic Trade provides personal data on an “as is” basis and, to the extent permitted by law, disclaims all warranties regarding its accuracy, fitness for purpose, or use.
Your Obligations
3. You agree to:
a. process personal data in compliance with UK GDPR, ensuring a lawful basis and using it solely for the Agreed Purpose.
b. restrict access to personal data to only those employees or third parties who require it and ensure they are bound by confidentiality obligations.
c. not share personal data with third parties without Classic Trade’s written consent.
d. implement appropriate security measures to protect personal data from unauthorised access, loss, or damage.
e. promptly notify Classic Trade of any personal data breach, provide necessary details, and take immediate corrective action as directed by Classic Trade.
f. not transfer personal data outside the UK unless in full compliance with Data Protection Laws.
g. retain personal data only for as long as necessary for the Agreed Purpose, securely delete it afterward, and confirm its deletion in writing upon request.
Types of Personal Data We May Share
4. Personal Data:
a. Seller: Name, email, address, phone number, date of birth, signature, photograph (from driving licence), bank details, vehicle information, and scanned documents containing any of the above.
b. purpose of Data Sharing: to facilitate the sale of a vehicle from the Seller.
7. Warranties
1. General Warranties
Each party represents, warrants and agrees that:
a. it has the legal right, authority, and power to enter into and fully perform its obligations under these Terms and Conditions.
b. its performance under these Terms and Conditions will not conflict with any other agreement it has entered into.
2. Your Warranties
As a business, you warrant and undertake that you will comply with all Applicable Laws at all times.
Disclaimer of Warranties
3. We do not guarantee or warrant that a Seller will comply with the terms of a Vehicle Purchase Contract. Therefore, we are not responsible for any costs, claims, losses, expenses, or damages you may incur due to a Seller’s actions or omissions.
4. We do not make any warranties, representations, endorsements, or recommendations regarding the Vehicle Info or any Vehicle. You acknowledge that it is your responsibility to conduct due diligence to ensure the Vehicle matches the provided Vehicle Info:
a. before placing a Bid.
b. again at the time of collection.
5. As a result, you agree that Classic Trade shall not be liable for any costs, claims, losses, expenses, liabilities, or damages incurred by you or any third party due to inaccuracies or discrepancies in the Vehicle Info or the Vehicle itself.
8. Limit of Liability
Exclusions of Liability
1. Neither party shall be liable to the other party under these Terms and Conditions, in contract, tort (including negligence), under statute or otherwise for:
a. costs arising from the sale or collection;
b. loss of opportunity, data or content;
c. special, indirect or consequential loss.
Our Liability to You
2. Our total liability arising out of or in connection with these Terms and Conditions or in relation to any Vehicle purchased through the Classic Trade Platform, shall be limited to:
a. the Buyer Fee paid by you to Classic Trade relating to the Vehicle that is the subject of the claim;
3. Nothing in these Terms and Conditions shall limit or exclude a party's liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any other loss that cannot lawfully be excluded or limited.
9. Termination
Rights of Termination
1. Either party may terminate these Terms and Conditions by providing 30 days’ written notice to the other party, without affecting any other rights or remedies available.
2. We may terminate these Terms and Conditions with immediate effect if:
a. you no longer meet our Eligibility Criteria;
b. any Buyer Fee remains unpaid for a period of 14 (fourteen) days after the sale is agreed;
c. you fail to settle Outstanding Finance on a purchased Vehicle within 14 (fourteen) days;
d. you breach any Applicable Laws; or
e. we reasonably believe that your use of the Classic Trade Platform is in material breach of these Terms and Conditions, or if you have repeatedly breached them or any related policies or guidelines.
Consequences of Termination
3. Upon Termination:
a. any outstanding amounts owed to Classic Trade, including outstanding Buyer Fees, shall become immediately payable.
4. Any provisions of these Terms and Conditions that are intended to remain in effect after termination—including those implied by their nature—shall continue to apply.
Suspension of Access to the Classic Trade Platform
5. We may suspend your access to the Classic Trade Platform without prior notice, restricting your ability to place Bids or cancelling any active Bids, if we have reasonable grounds to believe that:
a. your activity is in breach of these Terms and Conditions or any of our policies.
b. we need to investigate a potential breach.
10. Force Majeure
1. For the purposes of this clause, a “Force Majeure” event refers to circumstances beyond a party’s reasonable control, including but not limited to war, invasion, armed conflict, terrorism, riots, civil unrest, accidents, natural disasters (such as fire, flood, or storms), and labour disputes (excluding those involving the affected party’s own employees).
2. If a party is prevented, hindered, or delayed in fulfilling its obligations under these Terms and Conditions due to a Force Majeure event, those obligations will be suspended for the duration of the event to the extent that performance is impacted. In such cases, the other party may terminate these Terms and Conditions by providing written notice.
3. This clause does not apply to any failure to pay sums due under these Terms and Conditions.
11. Use of the Classic Trade Platform
Our Website and its Content
1. Classic Trade owns all intellectual property rights on the Website, Vehicle images, information and content available on the Website, any associated database(s), any proprietary software used within the Website and the underlying source code (the Classic Trade IP). All rights are reserved.
2. Classic Trade grants you a revocable, non-exclusive, non-sub-licensable, non-transferable licence to use Classic Trade IP only to the extent necessary to retrieve, display and print content pages for your own personal, non-commercial use of the Website, subject always to compliance with these Terms and Conditions.
3. For the avoidance of doubt, every Vehicle image belongs to Classic Trade and cannot be used by you without our express written consent.
Unacceptable Practices
4. You shall (and shall procure that your employees or other persons engaged on your behalf shall), at all times:
a. not engage in any deceptive practices or activities which breach Applicable Laws;
b. not to try to gain or permit another to gain unauthorised access to the Website, the Classic Trade Platform, or any networks, servers or computer systems connected to the Website;
c. not use or access the Website other than for the bona fide purpose of seeking to purchase Vehicles, in good faith, through the Classic Trade Platform;
d. not to use the Website or Classic Trade Platform in any manner that could damage, disable, overburden or negatively impact the performance of our servers or networks or interfere with any other user's use and enjoyment of the Website;
e. not, without our written permission, deploy or allow the deployment of any web scraping, screen crawling, or similar technology with the outcome or intention of using data from the Website; and
f. except to the extent expressly permitted by law and not capable of exclusion by law, copy, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Website.
5. For the avoidance of doubt, if you engage in any Unacceptable Practices, we will consider this a material breach of these Terms and Conditions and reserve our right to terminate or suspend your access to the Classic Trade Platform. We further reserve our right, in serious cases, to bring legal proceedings against you for breach of these Terms and Conditions and/or to refer you to law enforcement authorities where we reasonably believe that you have breached Applicable Laws.
Website Availability
6. The Website and Classic Trade Platform (including all content on it) is provided by us on an “as is” and “as available” basis. To the maximum extent permitted by Applicable Law, we disclaim all warranties, representations, and guarantees of any kind, either express or implied:
a. regarding the Website and Classic Trade Platform (including its content), including as to quality, suitability for any purpose (including your needs), compatibility, reliability, accuracy, completeness, timeliness, access or use of information provided by any Seller and/or is accessed or obtained by you via the Website, or otherwise through using our Services; or
b. that the Website and Classic Trade Platform will operate continuously, without interruptions or be fault-free. From time to time, we may need to make the Website unavailable with or without notice to carry out maintenance or upgrade work. We accept no liability for any interruption or loss of service.
7. There may be occasions when access to the Website may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Where possible, we shall try to give you advance, reasonable notice of any such instances.
8. We use reasonable endeavours to ensure that the Website does not contain or promulgate any viruses or other malicious code, but we cannot guarantee that the Website will be free from bugs, viruses or malicious code and we are not liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer equipment, programs or data due to your use of our Website.
Tackling Fraud and Criminality
9. We take instances of fraud and criminality on the Classic Trade Platform seriously. Your transaction may be frozen or cancelled should we reasonably suspect any instance of fraud, money laundering, proceeds of crime, breach of any company policies or the policies of our third party payments processing provider Stripe.
12. Complaints
If you are unhappy with your experience on the Classic Trade Platform, we encourage you to contact your account manager or email the support team support@classictrade.co.uk
General
1. These Terms and Conditions constitute the entire agreement between the parties concerning their subject matter, superseding all prior agreements, representations, standard conditions, or any implied terms, whether written or oral. They apply to the exclusion of any terms provided by you. We may update these Terms and Conditions at any time, and if we consider a change to be substantial, we will provide written notice to the email address you have supplied.
2. You may not assign or transfer any of your rights or obligations under these Terms and Conditions, whether in whole or in part, to any third party without our prior written consent. Any attempted assignment or delegation in violation of this clause will be considered invalid.
3. A failure or delay in enforcing any provision of these Terms and Conditions shall not be considered a waiver of that provision or any other rights.
4. If any provision of these Terms and Conditions is found to be unenforceable, the remainder shall remain in full force, and the unenforceable provision shall be modified only to the extent necessary to achieve its intended effect.
5. These Terms and Conditions do not create a partnership, joint venture, or agency relationship between the parties. Neither party may act or represent itself as an agent of the other, nor may it make commitments on the other’s behalf. In providing payment processing services, we do not act as your agent.
6. These Terms and Conditions are governed by the laws of England and Wales and shall be interpreted accordingly.
7. Both parties agree that any legal disputes arising from these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.