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2. TERMS

These terms (together with the documents referred to within) (the “Terms”) set out the terms and conditions on which you can use www.sellmyporscheco.uk (“Website”)

These Terms govern your use whether you access our Services via a computer, mobile device, or some other means.

Please read these Terms carefully before you start to use our Website. By using our Website, you confirm that you accept these Terms and that you agree to comply with them. We recommend that you print a copy of them for future reference.

If you do not agree to our Terms, you must not use our Website or any of the Services.

3. OTHER APPLICABLE TERMS

The following additional terms also apply to your use of our Website:

  • Privacy Policy – this outlines the terms on which we process any of the personal data we collect from you, or that you provide to us. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.
  • Cookies Policy – which sets out information about the cookies on our Website.

4. CHANGES TO THESE TERMS

Sell My Porsche reserve the right to revise these Terms at any time without notice by amending this page. The amended Terms will be effective from the date they are posted to our Website. By continuing to use our website you are agreeing to all terms and conditions set out.

5. DEFINITIONS

“BID” is the price a Buyer has committed to buy the Vehicle for.
“Buyer” means an investor, collector or professional Classic Car Dealer who has been approved by us to submit Offers for the purchase of a Vehicle;
“CONTENT” means the text, images or other multimedia content, software or other information or material submitted to or on the Website;
“Estimate” has the meaning given to it in section 10 ‘Estimate price and Advertising Your Car’;
“SELLER” means the person who registers with us and us accepted to list a Vehicle for sale;
“SOLD” means the buyer has committed to purchase the vehicle at the agreed price.
‘Target Price” means the minimum sale price a Seller is willing to accept for their Vehicle.
“WEBSITE” has the meaning given to it in section 2 ‘Terms’
“TERMS” means these terms and conditions of use as updated from time to time under section 4 ‘Changes to these Terms’;
“VEHICLE” means any car, motorbike of other motor vehicle advertised on the Website including and not limited to spares, tools, and documentation listed as part of the Vehicle Advert.
“VEHICLE ADVERT” means any vehicle advertised on the site;
‘YOU” means a Seller or a Buyer or any other person accessing, browsing or using the Website or its Content (“your” shall have the same meaning)

6. PERMITTED USE OF OUR WEBSITE

Our platform has been designed to allow private individuals the opportunity to sell their car to our network of approved Porsche buyers (Buyers).

You are only permitted to use our services for personal, non-commercial purposes (i.e. not as part of your own commercial activities). Use of our website to obtain car valuations for commercial purposes, for example, to value cars you intend to sell to third parties and not to us, is strictly prohibited.

We continuously monitor the use of our services, if you are using any of our services for improper, commercial use, we may charge you a fee for each unauthorised valuation you have processed (see section 7 ‘Access to our website’).

In order to preserve and maintain the functionality of our Website and Services for everyone, there are a number of things you must not do. You must not:

  • transmit any material designed to interrupt, damage, destroy or limit the accessibility or functionality of our Website or the Services;
  • attempt to gain unauthorised access to our Website, the non-public parts of it, the server on which our Website is stored or indeed any server, computer or database connected to our Website, or from or through which the Services are provided;
  • use any automated software, process, program, robot, web crawler, spider, data mining, trawling or other ‘screen scraping’ software, process, program or system;
  • use our Website or Services to create, check, confirm, update, modify or amend your own or another person’s databases, records or directories;
  • use our Website in any unlawful, fraudulent, offensive or abusive manner;
  • attempt to copy our data or reverse engineer the Services the processes used on our Website; or
  • do anything which might interfere with any other user’s enjoyment of our Website or Services.

7. ACCESS TO OUR WEBSITE

When uploading a vehicle we will provide an estimate price free of charge. However, if you are using our Website or Services for commercial purposes, or not in accordance with ‘Permitted use of our Website’, we may decide to issue you with an invoice for each valuation you obtain using our services (a “Commercial Online Valuation”). The cost per Commercial Online Valuation is £49.95 plus VAT.

There is no guarantee that our Website, Services, or any content we provide, will always be available without interruptions, or be bug, virus, fault or error free. We recommend you use your own virus protection software.

We may suspend, withdraw, discontinue or change all or any part of our Website, including your access to the Website, for any reason, at any time and without notice.

8. LINKS

With prior consent you may link to the publicly-accessible pages on our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of us or our Services, such damage being determined by us.

We reserve the right to request the retraction of any link to our Website at any time and we may withdraw any linking permission at any time.

Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information purposes only. We have no control over the content of those websites or resources.

When we link to promotional events, competitions and give-aways – these links are provided for your information purposes only, these will have their own terms and conditions, please read and agree to them before participating.

9. INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights on our Website and in the material published on it. All such rights are reserved.

10. ESTIMATE PRICE AND ADVERTISING YOUR CAR

Any ‘Estimate Price’ made by our valuation team is based on the information you provide when you upload your vehicle details (the “Vehicle”) and on the following general assumptions we make about your Car (the “Assumptions”):

  • it has never been a ‘write off’ / ‘Total Loss’ or used for private hire, rental, driving tuition or as a police vehicle;
  • it does not have a personalised registration plate, or, if the vehicle has a personalised registration plate it will remain with the Car and no value is assigned to it;
  • all damage, including interior and mechanical has been outlined in your Vehicle Advert.
  • you will make us aware if the car is a “non-runner”;
  • you confirm that you have legal ownership of the vehicle.
  • you confirm there is no third party or police interest in the vehicle, and that any and all issues that may affect the merchantability of the vehicle and/or it’s identity at point of sale have been set out in the description. 
  • it is not subject to any outstanding finance.

After submitting your vehicle our valuation team will contact you to discuss the vehicle, its service history and the condition – you may also be required to upload images to enable us to accurately value your vehicle. All calls are recorded for quality and training purposes.

Our team will provide you with a ‘Guide Price’, this is not an offer to buy the car. It is simply a statement of opinion only and should not be relied upon as an indication of the actual selling price.

Using the information you have provided, our team will create your advert, you will have the opportunity to review and update your Advert prior to final sign off. A target price can be set to ensure you do not under sell your car.

By advertising your car with Sell My Porsche you are committing to have the vehicle advertised with us exclusively for at least 7 to 14 days. This means for the period leading upto the advert being approved and 7 days after. During this time you shall not use another means of sale unless we agree and notify you in writing of our consent.

If you are a seller Advertising a vehicle for sale; you are solely responsible for the factual accuracy and the opinions provided within the vehicle advert, you are responsible for any error, misstatement or omission of information provided within the Advert.

All calls are recorded and any verbal agreement made is legally binding. By Advertising your vehicle with Sell My Porsche you are committing to sell your car at the agreed target price.

Any changes to this agreement will incur a cancellation fee. (See section 13. Withdrawal / Cancellation)

11. ADVERT AND SALE

All potential buyers are classic car collectors, investors and specialist dealers (“Buyers”) and have been approved by Classic Trade Limited (trading as Sell My Porsche) prior to advertising your vehicle.

Once we receive at-least 10 offers we will present the highest offer to the seller.

If the highest offer exceeds the target price we will automatically accept the offer and the car will be ‘sold’

if the highest offer is below the target price we will submit the offer to the Seller for review, all offers are legally binding and the Seller shall have the option to accept or reject the offer. If the offer is rejected the ‘Buyer’ will have the opportunity to increase their offer to the target price in order to complete the vehicle purchase.

Buyers and Sellers shall not engage in any activity designed to complete or facilitate a transaction for the sale or purchase of any vehicle outside of the Sell My Porsche Website. If the sale of an advertised vehicle is concluded outside of the Website in any event the seller will be obliged to pay the ‘Cancellation fee’ to Sell My Porsche as outlined in section 12 ‘Fees’. The fee will be calculated from the last agreed Target price or a minimum of £250 plus vat which ever is higher.

Once the the offer has been accepted, the winning Buyer will immediately pay a non-refundable deposit as outlined in section 12 ‘Fees’. Once the deposit has been paid the system will unlock the seller contact details. The Buyer must contact the seller within one (1) working day of paying the deposit to arrange payment and collection. Collection is the responsibility of the Buyer. If the Buyer uses a written Vehicle Sales Contract this must be provided to the Seller immediately.   

The Buyer shall only be entitled to withdraw its offer and receive a full refund if on collection

  • The seller refuses to sell the car.
  • The Buyer can demonstrate that the Seller has factually misdescribed the vehicle and the seller is not willing to amend the sale price to represent the condition.
  • There is undisclosed outstanding finance on the vehicle.

The Buyer agrees that the vehicle is sold as per the Vehicle Advert, any checks should be carried out prior to collection. By collecting the vehicle the buyer accepts that the car has been described correctly and the sale is concluded.

The Buyer shall notify Sell My Porsche once the vehicle has been collected.

The Buyer agrees with Sell My Porsche to act in a professional manner and in good faith at all times with Sell My Porsche and its Sellers.

If the Buyer uses a written Vehicle Sales Contract the Buyer warrants that the Vehicle Sales Contract will comply with all UK laws, including data protection legislation and consumer law. The Vehicle Sales Contract will not permit the Buyer or the Seller to terminate the vehicle sale without cause, except in accordance with applicable laws that may not lawfully be excluded. The Vehicle Sales Contract must not include Sell My Porsche as party to the Vehicle Sales Contract or include any such representations, conditions or warranties purported to be made by Sell My Porsche. All sums due under the Vehicle Sales Contract will be paid by the Buyer.

12. FEES

It’s completely free to advertise your car with Sell My Porsche, we charge a 2%+vat seller fee (or minimum £240) which is deducted from the final sale price. If the car does not sell, there is no charge. 

Upon winning the vehicle, the Buyer will pay a non-refundable ‘buyer fee’ plus your ‘seller fee’ upfront.

– see section 11 ‘Advert and Sale’.

The Buyer will also collect, inspect and remove the vehicle at the Buyers expense.

Unless otherwise agreed by the seller, the transaction will be completed within 7 days of the sale being agreed. The Seller will only release the vehicle to the Buyer once they have received cleared funds (Sale price minus seller fee)

13. WITHDRAWAL / CANCELLATION

The Seller may notify Sell My Porsche in writing to withdraw a vehicle from the sale / Cancel a sale. Upon such withdrawal, the Seller must pay Sell My Porsche the amounts specified in this Clause 13 within 7 days. These amounts are compensation for the services provided by Sell My Porsche up to the date of withdrawal and are not considered a penalty or liquidated damages.

If a seller fails to communicate with Sell My Porsche after a vehicle is advertised, whether the guide price was met or not, the vehicle will be withdrawn from sale.   

In all instances of withdrawal, the Seller is obligated to pay Sell My Porsche a fee of 10% of the lower guide price. This fee accounts for the time, effort, loss of exposure, and loss of buyer’s premium incurred by Sell My Porsche. All fees are subject to VAT and Expenses.

If a withdrawn vehicle is offered and sold at a later date by Sell My Porsche then at it’s discretion part or all of the withdrawal fee may be refunded. 

14. INTELLECTUAL PROPERTY

The Website, trademarks, logos, designs, phrasing and coding are the sole property of Sell My Porsche and all users are expressly prohibited from using, distributing, copying, replicating or passing off Sell My Porsche’s Content and Sell My Porsche reserve all rights in relation to any breach of this clause howsoever arising

By uploading content to Sell My Porsche the seller grants perpetual, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify and display photographs and descriptions of the vehicle in connection with the services provided and on third party websites for the purpose of marketing and promotion. The Seller also indemnifies Classic Trade against any costs or claims incurred by it as a result of any action, demand or claim that the advertisement, photographs, description or otherwise infringes the Intellectual Property Rights of any third party.

15. LIMITATIONS OF LIABILITY

Nothing in these Terms and Conditions excludes our liability for death, personal injury or fraudulent misrepresentation due to the negligence of us, our employees, officers of third party partners.

We shall not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profit.

We do not directly monitor advertisements; therefore we cannot guarantee the following

  • The accuracy of any advertisements
  • The ability of the Seller to sell any vehicle
  • The ability of the Buyer to buy any vehicle
  • Whether any transaction will actually be completed

In any event of liability and that of our employees, officers and third party partners shall be limited in any 12 month period to the total Website fees incurred by you in relation to the subject matter to the liability or to a payment of £100, whichever is the greater sum.

16. INDEMNITY

You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third party arising from your breach of these Terms and Conditions whilst using the Website or any other service provided by us.

17. MISCELLANEOUS

If any term of these Terms is held to be illegal, invalid or otherwise unenforceable, the remaining parts of the Terms will continue to be enforceable.

You may not assign, sub-license or otherwise transfer any of your rights or obligations under these Terms to any other person.

These Terms do not give rise to rights that are enforceable by any person who is not part to these Terms.

If we do not exercise or enforce a right under these Terms against you at any time, this does not prevent us from doing so at a later date.

18. APPLICABLE LAW

These Terms, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction in connection with these Terms and your access to and use of our Website (including any claims or disputes).

19. CONTACT US

To contact us, please email team@classictrade.co.uk