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Terms and Conditions

We are:                                    
Berlinetta Classic Car Auctions Limited.

Our address is:                  
7, Warwick Place, Worthing, West Sussex, BN11 3EU.

We can be contacted:   
via our contact form.

You are:                                                    
a user of our services.

Please read the terms and conditions set out below (“Terms and Conditions”) carefully before registering with us, attending an Auction, bidding on or selling an item with us. By searching on our Website, registering with us, consigning your item, bidding or otherwise using this Website you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions or our Privacy Policy, you are not permitted to access and use this Website and you should cease such access and/or use immediately.


1. Definitions

“Agreement” is a reference to these Terms and Conditions, the Privacy Policy and any payment instructions provided to you;

“Auction” means the public sale of a Lot where bids are submitted online through the Website;

Auction Period” means the period that a Lot is included in a Weekly Online Auction which shall run for between seven (7) and fourteen (14) days from the date a Lot is listed on the Website;

“Auctioneer” is a reference to us, Berlinetta Classic Car Auctions Limited;

“Bidder” is a reference to a person who submits a bid for a Lot using the online bidding system on our Website; 

“Buyer” is a reference to the person who has made a successful bid for the purchase of a Lot and who has had the bid accepted by the Auctioneer;

“Buyer’s Premium” means the fee paid by the Buyer to the Auctioneer in accordance with clause 21.1 which shall be, in the case of Weekly Online Auction sales, 5% of the Sales Price plus VAT;

“Consignment Fee” means a fee of £150 plus VAT charged by us for each Lot entered into an Auction by a Seller;

“Highest Bid Price” means the highest bid which has been made on a Lot and which has been accepted as the winning bid by the Auctioneer;

 “Lot” is a reference to an item which has been listed for sale at an Auction;

“Lot Details Form” means the form containing details of the Lot which a Seller wishes to consign;

“Register to Sell Form” means the form which a Seller is required to complete to register with us;

“Sale Price” means the Highest Bid Price for a Lot which has been accepted by the Auctioneer;

“Sales Proceeds” means the proceeds of sale of a Lot which is a sum equal to the Sale Price;

 “User”, “you”, “your” and “yours” is a reference to you the person accessing this Website;

 “we”, “us” and “our” are references to Berlinetta Classic Car Auctions Limited;

“Website” is a reference to this website, www.berlinetta-auctions.co.uk which is run and operated by us and on which these Terms and Conditions are displayed; and

“Weekly Online Auction(s)” means the online auctions which take place each week on our Website where the Lots are not on display at an auction site.  

Terms which apply to all Users:

2. Berlinetta Classic Car
    Auctions

We offer a service whereby Sellers can sell a Lot via our Website. Bidders can submit bids for Lots using the online bidding system on our Website. We act as an agent for the Seller of a Lot; we are not the seller of the Lot.    

We charge a Consignment Fee to list a Lot. We also charge a Buyer’s Premium on the sale price of a Lot.

3. Our Website

3.1  
The information, content and material available on the Website may vary from time to time without notice to you. This is in order to ensure that the Website is as up to date as possible.

3.2  
We aim to have the site available at all times, however, you will appreciate that we cannot guarantee this and we cannot accept liability for any issues that this may cause. We aim to keep the Website as up to date as possible. In the event the Website or our systems are not available at the time of the Auction for whatever reason, we reserve the right to postpone the Auction until the next available date. On no account can we accept any liability to you where such an event occurs.

3.3
You must not interfere with the working of our Website nor must you circumvent security on the site, tamper with, hack into, or otherwise attempt to disrupt our computer system, server, Website, router or any other internet connected device or service.

3.4
When using our Website you shall not: (i) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ii) interfere with or disrupt the integrity or performance of the Website or the data contained therein, or our servers or networks; (iii) attempt to gain unauthorised access to the Website or its related systems or networks; or (iv) take any action that imposes an unreasonably or disproportionately large load on our system.

3.5
You must not use the Website for spamming, unsolicited or unauthorised advertising, “chain letters” or sending unsolicited, abusive or threatening emails to Users.

3.6
You may only modify or add content to the Website where specifically permitted. Under no circumstances may you block, obscure, overwrite or modify any content or pages generated by us. All other site locations or components of our Website pages are strictly for our use only.

 

4. Pre-Auction Inspections and Auction Sites

4.1
Bidders and Sellers making arrangements to enable a Bidder to inspect a Lot do so at their own risk. We recommend that the usual precautions are exercised when a person arranges to meet someone for the first time to inspect a Lot. We cannot accept liability for any injury, loss (including theft) or damage that a Bidder or Seller may suffer or incur unless this is attributable to our own negligence.

4.2
Anyone attending the location where the Lots are made available for inspection does so at their own risk. We cannot accept liability for any injury, loss (including theft) or damage that a party attending may suffer or incur unless this is attributable to our own negligence.

5. Payments to us

5.1
All payments to us may be made by credit or debit card, PayPal, cheque or bank transfer. Personal credit card payments are subject to a processing charge which is currently 1.37%. Payments may be made by cheque but will take longer to process. There is currently no charge for accepting payments by direct debit cards. Some banks may impose a charge for payments made by CHAPS or BACS and you will need to check with your bank for the current charges which you may be required to pay.

5.2
All fees charged by us are subject to VAT at the applicable rate.

 

6. Your Information and
    Safeguards

6.1
Where we have requested information from you to provide the services, you agree to provide us with accurate, up to date and complete information.

6.2
We reserve the right to verify with third parties the accuracy of information that you provide to us.

6.3
You authorise us to use, store or otherwise process your personal information in order to provide the services to you and for marketing and credit control purposes.

6.4
You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.

 

7. Cancellation

7.1
You may cancel your registration and deactivate your account at any time by contacting us via our standard email address.

7.2
We reserve the right to cancel or suspend your registration or your use of our Website where we have reasonable grounds to believe that you have acted in breach of these Terms and Conditions. We will provide you with notification of this decision.

8. Intellectual Property
    Rights

8.1
Ownership in, and all rights created in relation to the contents of this Website vest in us absolutely unless otherwise indicated. The collection, arrangement and assembly of all content on the Website is the exclusive property of Berlinetta Classic Car Auctions Limited and is protected by copyright. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our Website except in the circumstances set out in clause 8.2 below, where expressly invited to do so or indicated on our Website.

8.2
You are permitted to temporarily download one copy of the materials (information or software) on our Website for personal, non-commercial transitory viewing only. This is the grant of a licence which is personal to you, non-transferable, for a limited period only and which may be revoked by us at any time. It is not a transfer of title. Under this licence you may not:
(a)  modify or copy the materials;
(b)  use the materials for any commercial purpose, or for
      any public display (commercial or non-commercial);
(c)  attempt to decompile or reverse engineer any
      software contained on our Website;
(d)  remove any copyright or other proprietory
      notations from the materials; or
(e)  transfer the materials to another person or "mirror"
      the materials on any other server.
This licence shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this licence by us, you must destroy any downloaded materials in your possession whether in electronic or printed format.

8.3
All content on the Website including the description of any Lots are protected by copyright.

8.4
You are not permitted or licensed to reproduce, copy or use in any way the trade marks, logos and other intellectual property rights that we own except as expressly set out in these Terms and Conditions.

9. Linked Sites

There are a number of links on our Website to third party websites which we believe may be of interest to you. We do not represent the quality of the goods or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party websites or the services or goods that they may provide to you.

 

10. Complaints

10.1
We take complaints very seriously and aim to respond to any complaints about our service or Website within 5 working days. All complaints should be addressed to info@berlinetta-auctions.co.uk .

10.2
Complaints or disputes between Sellers and Buyers must be dealt with fairly, promptly and reasonably by the relevant parties.

11. Limitation of liability
      and indemnity

11.1
Great care has been taken to ensure that the information available on this website is correct and error free. We apologise for any errors or omissions that may have occurred. We cannot warrant that use of the website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available is free of viruses or bugs or represents the full functionality, accuracy, reliability of the website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

11.2
In the absence of any negligence or other breach of duty on our part your attendance or participation in an auction is entirely at your own risk.

11.3
If we are found liable for any loss or damage to you such liability is limited to the amount you have paid to us. We exclude liability for losses that were not forseeable to both parties when the contract was formed and losses that were not caused by any breach on our part. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.

11.4
Vehicles sold through the auctions are second hand and in some cases may not be suitable for use on public roads.

11.5
We do not guarantee or represent that a lot will achieve the estimated selling price or the reserve price or will be sold through the online auction.

11.6
We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our website.

11.7
We shall not be held liable for any failure or delay in performing the services where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of god or those of third parties.

11.8
We do not accept liability for any loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of our services or participation in an auction or attendance at one of our auction venues.

11.9
We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our computer servers or those of third parties.

11.10
You hereby agree to fully indemnify us on demand against any losses, damages, costs (including all reasonable legal and administrative costs) and expenses, including all consequential losses such as loss of profit, loss or damage to goodwill or reputation, and/or loss from claims of third parties suffered or incurred by us as a result of (i) your breach of these terms and conditions or (ii) any person accessing the website using your personal information with your authority.

11.11
Where you are acting as a seller you hereby agree to fully indemnify us on demand against any losses, damages, costs (including all reasonable legal and administrative costs) and expenses, including all consequential losses such as loss of profit, loss or damage to goodwill or reputation, and/or loss from claims of third parties suffered or incurred by us as a result of any statement or representation made by you in connection with the description of a lot.

12. General

12.1
We may subcontract any part or parts of the services that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions by giving you written notice.

12.2
We may alter or vary the Terms and Conditions by providing you with written notice of such variations. Any error or omission in any information, or document issued by us shall be subject to correction provided that the correction does not materially affect the contract. 

12.3
We reserve the right to terminate or suspend your use of our Website if we reasonably believe that you are acting in breach of these Terms and Conditions.

12.4
The Terms and Conditions and payment instructions form the basis of our agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.

12.5
If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.

12.6
These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.

12.7
No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

12.8
It is not intended that the undertakings and obligations of the parties set out in this document shall be for the benefit of and capable of being enforced by any other person by virtue of the Contracts (Rights of Third Parties) Act 1999.

 

Terms which apply to Sellers only:

13. Consigning a Lot

13.1
Each Seller is required to complete a Register to Sell Form for each Lot which he/she wishes to consign with us. Once we receive the Register to Sell Form we will contact you to arrange a mutually convenient time to inspect and photograph the vehicle.

13.2
Where it is not possible to arrange a visit to inspect the Lot prior to either an Auction, you will need to complete the Lot Details Form in its entirety and send this to us.

13.3
The Seller warrants that when submitting the Lot Details Form to us the form contains an accurate and complete description of the Lot and is not misleading in any respect.

13.4
The Lot Details Form must be signed by the Seller.

13.5
Any information concerning the Lot, and which may affect a Bidder’s decision to bid on a Lot, must be accurate.

13.6
You hereby warrant to us that:

13.6.1
all the information supplied by you to us is complete, accurate and true;

13.6.2
the Lot is not subject to undisclosed finance;

13.6.3
save where otherwise disclosed to us, the Lot has not been involved in any serious accident that required substantial remedial repairs;

13.6.4
the mileage reading on the Lot is true and accurate as far as you are aware from the documentation available to you and that the odometer has not, to the best of your knowledge and belief, been tampered with;

13.6.5
there are no undisclosed physical defects with the Lot that a prudent purchaser would want to be informed about;

13.6.6
there are no undisclosed "title defects" with the Lot that a prudent purchaser would want to be informed about;

13.6.7
the vehicle is roadworthy, has an up to date Ministry Of Transport test certificate and is taxed and if this is not the case you have notified us of this fact;

13.6.8
where the vehicle is brought into the United Kingdom from another country, HMRC has been notified under the Notification of Vehicle Arrivals service;

13.6.9
you are the legal owner of the Lot, you have the right to transfer the full unencumbered legal title and full ownership of the Lot to a third party; and

13.6.10
no other person has any claim to the Lot whether legal, equitable, possessory or otherwise.

13.7
The Auctioneer has complete discretion as to whether to accept or reject a Lot for inclusion in an Auction and we will notify you if your Lot has been accepted for inclusion.

13.8
Provided your Lot is accepted for inclusion in an Auction, we shall agree with you with an estimated selling price and may also agree a reserve price for the Lot where applicable. Prior to the date of the Auction we will market the Lot in our online catalogue and also use a variety of other advertising methods. You hereby consent to our using photographs that we have taken of the Lot for this purpose.

13.9
Any estimated selling price that we may offer is purely a matter of opinion and is not a guarantee of the eventual selling price. We make no warranty or representation that a Lot will be sold or that it will be sold for the estimated selling price.

13.10
Prior to listing the Lot in the Auction and on our Website, we will provide you with a copy of the description which we intend to use for the Lot. It is your responsibility to check the description to ensure that it is accurate. 

If you do not notify us of any required changes within 24 hours of receipt then we will assume that the description is approved by you. The Seller shall indemnify us in respect of any claim, loss, damage, cost or expense that we may suffer or incur as a result of any inaccuracies which have not been brought to our attention. Under no circumstances will we accept any liability to the Seller for any inaccuracy or mistakes in the description of a Lot once the final description has been approved by a Seller prior to publication unless this has been caused by our negligence or other breach of duty.

13.11
Unless we have been notified otherwise in writing by the Seller, we will assume that the vehicle registration number which is allocated to the vehicle will be sold as part of the Lot. Should the Seller wish to retain the vehicle registration number you must ensure that the vehicle is re-registered with a new registration number prior to the Auction and this new registration number is notified to the Auctioneer.

 

14. Consignment Fees

A Consignment Fee is payable to us at the time a Lot is accepted for inclusion in an Auction.

 

15. Auction

15.1
If your vehicle has been accepted for inclusion in a Weekly Online Auction on our Website it will be listed for a Weekly Online Auction and will be open to bids for the Auction Period.

15.2
Weekly Online Auctions will end automatically at 20:00 on the auction end date that has been agreed with the Seller, unless any other specific end time has been agreed in advance.

15.3
Where a Seller withdraws a Lot from a Weekly Online Auction we shall be entitled to charge a withdrawal fee equal to 10% of the reserve price agreed with the Seller under clause 13.8. This fee plus VAT is immediately payable to the Auctioneer on the relevant Auction ends.

15.4
Should the Seller sell the Lot via a private sale within 28 days following the expiry of the Auction Period then the Seller must notify us of the sale and of the identity of the private buyer.

16. Lot Inspections

16.1
You must ensure that the Lot is available for inspection by Bidders during the Auction Period. The Lot should be in a clean and saleable condition.

16.2
You must respond promptly to all requests from Bidders for further information about the Lot or to inspect a Lot which must be undertaken within the Auction Period.

17. Selling

17.1
The Lot shall be sold for the Highest Bid Price. At the discretion of the Auctioneer, the Lot may be sold for a price which is lower than the reserve price provided that the Sales Proceeds received by the Seller shall be the same as if the Lot had been sold for the reserve price.

17.2
Unless agreed otherwise with a Seller prior to the Weekly Online Auction, all Lots are listed without a reserve price.

17.3
Within 5 days of receipt by the Seller of the Sales Proceeds in accordance with clause 21.1 the Seller shall notify DVLA of the details of the Buyer.

18. Payment of Sales Proceeds 

18.1
The Buyer will be required to pay the Sales Proceeds to the Seller directly. The Seller shall notify us immediately following receipt of the Sales Proceeds.

18.2
The Auctioneer shall be entitled to retain the Buyer’s Premium for its own account which shall be paid direct from the Buyer to the Auctioneer.

18.3
The Seller must continue to insure the Lot until receipt of the Sales Proceeds.

Terms which apply to Bidders only:

19. Registering

19.1
Any person who wishes to bid on a Lot must first be registered with us. Registration is required for each Auction. In order to register with us you must complete the relevant form and provide us with your personal details including your name and address and such other information that we request as part of the registration process.

19.2
We reserve the right to reject or decline any application to register with us at our sole discretion.

19.3
Only registered Bidders are entitled to book an appointment with a Seller to inspect a Lot or to commission an independent condition report on a Lot.

19.4
It is expressly acknowledged and agreed by Bidders that many vehicles sold through an Auction may be collector’s items only and may not be suitable for use on a public road. It is for the Bidder to make its own enquiries as to the roadworthiness and condition of each Lot listed on our Website. Vehicles may have had parts replaced and be re-painted making it difficult to establish the underlying condition of a vehicle.

19.5
Only Lots with the vehicle registration number included within the details for the Lot will have the vehicle registration number transferred to the successful Bidder.

19.6
Any description of a Lot is purely provided as a guide for potential Bidders. Each Bidder must take reasonable steps to satisfy themselves that the Lot is suitable for their purposes. All Lots are made available for personal inspection and we encourage all Bidders to take advantage of this facility prior to bidding.

19.7
You agree that you will not make an offer to purchase a Lot by way of a private transaction with a Seller once you have registered with us as a bidder.

20. Bidding

20.1
Where a Bidder decides to register to bid on a particular Lot he/she may set a maximum bid which the Bidder is prepared to offer. Once this information is notified to us the online bidding system will automatically bid on the Bidder’s behalf at the minimum increment of £50 not exceeding the maximum set in order to become the successful Bidder.

20.2
Only online bids via the Website will be accepted by the Auctioneer.

20.3
Each Bidder warrants to us that he/she is acting as a principal only and not as an agent for a third party. Where a Bidder is acting as an agent he/she must disclose this to us prior to bidding and provide us with full details of the principal.

20.4
Our employees or agents are not authorised to make any representations concerning the Lots unless confirmed by the Auctioneer in writing. When placing a bid the Bidder expressly acknowledges that you are not relying upon any such representations which are not so confirmed.

20.5
The successful Bidder will be the Bidder who has offered the Highest Bid Price for a Lot at the time of the Auction closing. This will be identified by a computer however the Auctioneer’s decision on the Highest Bid Price shall be final and binding on all of the parties.

20.6
The successful Bidder will be notified shortly following close of the Auction by email and text notification. As soon as the Auction closes a binding contract comes into effect between the Seller, the successful Buyer and the Auctioneer.

20.7
The Auctioneer may, at its absolute discretion, withdraw a Lot from the Auction at any time prior to the close of the Auction.

21. Payment by the Buyer,
      Insurance and Title

21.1
The Buyer’s Premium (+ VAT) must be paid to us within 24 hours of the Auction closing. Once the Buyer’s Premium is received in full by us we will introduce the Buyer to the Seller to enable the Buyer to arrange payment direct to the Seller for the car itself. Time shall be of the essence in respect of all payments due by the Buyer. 

21.2
In the event that payment is not received by the specified time in cleared funds then the vehicle will be put into storage and all costs including the cost of insuring the vehicle will be charged to the Buyer.

21.3
If either we or the Seller, as applicable, do not receive the Sale Price and/or Buyer’s Premium by the due dates and time, we may instruct a debt collection agency or law firm to collect the amount owing which may be (i) the Sale Price plus the Buyer’s Premium (including any storage and insurance costs) or (ii) the difference between the Sale Price and the eventual sales proceeds where the vehicle is resold plus expenses incurred on the resale, plus, in both cases, interest and/or late payment charges. In such circumstances you will be liable to pay an additional sum to us which will not exceed the reasonable costs that we may have to pay the debt collection agency or law firm, who will add the sum to your outstanding debt on our behalf.

21.4
Failure to pay any amount owed on time will result in late payment charges which shall be calculated in accordance with The Late Payment of Commercial Debts (Interest) Act 1998 (as amended) from the date the payment was originally due until the date of actual payment.

21.5
We reserve the right to charge an administration fee for any late payment notices which we send to you in the event of your late payment.

21.6
We also reserve the right to sell the vehicle to another party in the case of late payment and to recover from you the Buyer’s Premium. In the case of resale you shall be liable to pay the difference between the Sales Proceeds and the eventual sale price including the costs of the resale. Any surplus proceeds shall be for the account of the Seller.

21.7
Where the Buyer wishes to export a vehicle then the Buyer will be required to obtain an export licence for the vehicle at his/her own cost.

21.8
Title to the vehicle will not pass to the Buyer until the Buyer receives confirmation from the Auctioneer that payment has been received in full in cleared funds.

21.9
The Buyer is responsible for insuring the Lot from the moment they receive official notification from the Auctioneer via text or email that they have won the lot.


May 2018.