1. WHO WE ARE
If you reside in the United Kingdom, the Channel Islands, the Isle of Man or the rest of the World (excluding Australia, the United Arab Emirates, the EU and the USA/Canada) you are entering into a contract with The Cool Classics UK Ltd, company number OC449408 and the registered office of which is at 21c Abington Grove, Northampton, NN1 4QW for the use of our Site (as defined below).
2. ABOUT OUR TERMS
2.1.1 These Terms explain how you may use this website www.thecoolclassics.com and/or any mobile application, services, products or tools (the “Site”). Additional to these Terms, the following terms apply to your use of the Site:
2.1.2 Our privacy policy is available here, which sets out the terms on how we handle your personal information; and
2.1.3 Our cookie policy is available by clicking the floating button in the bottom left of the screen, which sets out information about the cookies on our Site.
2.2 You should read these Terms carefully before using the Site.
2.3 By accessing or using the Site or otherwise indicating your consent, you agree to be legally bound by these Terms and the documents referred to in them.
2.4 If you do not agree with or accept any of these Terms, you should stop using the Site immediately.
2.5 If you have any questions about the Site, or you would like to make a complaint about our services, please contact us by e-mail on: Ralph@theCoolClassics.co.uk and Francis@thecoolclassics.co.uk
2.6 Where we have received a complaint by you in relation to our services, we shall acknowledge your complaint within two (2) Working Days and subsequently conduct reasonable investigations into it. If, after such investigation, we establish that there may be an issue with our services, we shall, at our sole discretion, either:
2.6.1 take steps to remedy the defect in our services; or
2.6.2 where you have already paid our fees in accordance with clause 13, refund you a fair proportion of those fees paid; or
2.6.3 where you have not already paid our fees in accordance with clause 13, charge you a fair proportion of fees (include no fees, where reasonable).
3. DEFINITIONS
‘’TCC’’ means The Cool Classics company entity as described in points 1;
“Auction Listing” means any listing on the Site via a Live Auction listing, including Vehicles and any documentation provided in connection with the same;
‘’Cool Classified’’ means any vehicle placed on the site by the seller for the potential sale of a Cool Classified vehicle, and which is not being sold at auction and which can be purchased outright for the advertised sale price;
“Buyer” means a person who registers with us and is accepted to submit bids for the purchase of an Auction Listing or Cool Classified Vehicle;
“Content” means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;
“Live Auction” has the meaning given to it in clause 2.3;
“Make an Offer” or “Best Offer” means the process described in clauses 2.6-2.7 and 6.6-6.7
“Seller” means the person who registers with us and is accepted to place an Auction Listing or Cool Classified Vehicle for sale;
“Site” has the meaning given to it in clause 2.1;
“Terms” means these terms and conditions of use as updated from time to time under clause 20;
“Trade Seller” means a Seller who is not acting as a consumer and/or is selling as part of a trade or business;
“Vehicle” means any car, motorbike or other motor vehicle listed on the Site including but not limited to spares, tools and documentation listed as being part of the Auction Listing or Cool Classified Vehicle;
“Working Days” means Monday to Friday except public holidays as applicable in London, UK;
“You” means a Buyer or a Seller or any other person accessing, browsing or using the Site or its Content (and “your” shall have the same meaning).
4. USING THE SITE
4.1 We only provide a platform for a Seller to advertise their (i) Auction Listing for sale and a Buyer to bid on an Auction Listing with the intent of purchasing such Auction Listing; and/or (ii) Cool Classified Vehicle. We do not act as agent of the Seller and we do not offer for sale, sell, buy or exchange any Auction Listing or Cool Classified Vehicle. We are not involved in the contracting process nor are we a party to the sale contract between the Buyer and the Seller. We do not hold title of any vehicle, inspect any vehicle, or have any vehicle in our legal possession.
4.2 You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.
4.3 In relation to your use of the Site, your legal rights as a consumer, are not affected.
4.4 We may prevent or suspend your access to the Site (and remove any of your listings or bids) if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law. It you are a Trade Seller clause 4 applies.
4.5 As a condition of your use of the Site, you agree:
4.5.1 not to use the Site for any purpose that is unlawful under any applicable law or prohibited by these Terms;
4.5.2 not to use the Site to commit any act of fraud;
4.5.3 not to use the Site to distribute viruses or malware or other similar harmful software code;
4.5.4 not to use the Site for purposes of promoting unsolicited advertising or sending spam;
4.5.5 not to use the Site to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
4.5.6 not to use the Site in any manner that disrupts the operation of our Site or business or business of any other entity;
4.5.7 not to use the Site in any manner that harms minors;
4.5.8 not to promote any unlawful activity;
4.5.9 not to threaten, abuse, harass, or invade the privacy of any other user of the Site or third party;
4.5.10 not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with The Cool Classics or with any other person or entity;
4.5.11 not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
4.5.12 not to use the Site to gain unauthorised access to or use of computers, data, systems, accounts or networks;
4.5.13 not to attempt to circumvent password or user authentication methods;
4.5.14 not to attempt to circumvent the cancellation of your account by us by opening a new account appearing to be a new user of the Site (“phoenixing”); and
4.5.15 that neither you (or any person for whom you are acting) nor, if applicable, your owners, directors, or controllers, are subject to international sanctions under UK, EU, or US or any other sanctions regime, or are based in a country subject to any sanctions regime.
4.6 You cannot bid on your own Auction Listing. You cannot bid on an Auction Listing of someone connected to you, nor can you have a friend or someone connected to you bid on your Auction Listing unless they have a genuine intention of purchasing the Vehicle. If you are not a consumer, you will be liable to us and indemnify us for any losses or costs, including reasonable legal fees we incur arising out of any breach by you of this clause. If you are a consumer user, you will be responsible for any loss or damage we suffer as a result of your breach of this clause.
5. YOUR ACCOUNT WITH US
5.1 The Site is available for users if you are at least 18 years old. In order to use the Site as a Buyer or Seller you must first register, and you will need to provide at least the following information:
5.1.1 first and last name;
5.1.2 date of birth;
5.1.3 address;
5.1.4 details of your bank accounts; and
5.1.5 such other information as may be requested at signup, and we will instruct a third party, Stripe, Inc., to verify your name and address before you can use the Site. The information you submit to us, including as part of your account creation and registration or use of the Site, must be truthful, accurate and not misleading.
5.2 For a Seller, you must confirm that you have legal ownership of the Auction Listing or Cool Classified Vehicle. If the Vehicle is subject to finance the amount outstanding must be confirmed prior to listing. At the Buyer’s request, the Seller must provide such details of the finance company and the finance arrangement to the Buyer that are reasonably required, within a reasonable timeframe, to enable the Buyer to discharge the outstanding finance arrangement directly with the finance company. The amount of any such payment by the Buyer to the finance company shall constitute payment by the Buyer to the Seller of the same amount towards settlement (in whole or in part) of the Buyer’s highest bid.
5.3 For a Buyer bidding on an Auction Listing, you must provide us with a valid payment method for our fees. For a Seller of an Auction Listing, you are required to provide a valid payment card so we can collect payment if we charge you fees in accordance with clause 6.10, 9.4 and 11.3. Any fees that a Buyer or Seller’s bank imposes in connection with a payment to The Cool Classics or in connection with a payment from Buyer to Seller are the responsibility of the respective Buyer or Seller only.
5.4 Stripe and The Cool Classics reserves the right to carry out checks for the purposes of confirming your identity and the prevention of financial crime. You will be prompted to provide the above information in the payment section when you first try to make a payment. You are not obliged to provide this information, but if you do not, you will not be able to make payments through The Cool Classics and Stripe and you may not be able make a bid.
5.5 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
5.6 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
5.7 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
6. LISTING AN AUCTION LISTING FOR SALE ON OUR SITE
6.1 A Seller must first submit a request and upload photos and related information, including your proof of ownership and finance on the Auction Listing. Further information can be found in our FAQs and our Sell Cool section.
6.2 The Cool Classics will consider the proposed Auction Listing and confirm if the Auction Listing is accepted to be listed on the Site. The Cool Classics may assist Sellers in the creation of their listings (including the content of such listings) but it remains each Seller’s sole responsibility to make sure that its listings are accurate. There will be a pre-auction period where you will need to wait for the Auction Listing to go live.
6.3 After the Auction Listing is accepted for publication online, you shall be committed to have the Auction Listing live with us exclusively for at least a 7- to 14-day auction (a “Live Auction”) together with any extension of that Live Auction or for the Make an Offer or Buy Now listing the Make an Offer or Buy Now period. This means that during this period, you shall not use another means of sale unless we agree and notify you in writing of our consent. Due to the nature of an auction, it is not possible for us to run a Live Auction if you use another platform to sell your Auction Listing. Therefore, we require you to exclusively use this Site to sell your Vehicle once we have accepted the Auction Listing.
6.4 You can require a reserve for the Auction Listing. Once a reserve is agreed by The Cool Classics, you may reduce it or withdraw it by written notice to The Cool Classics, but you cannot increase it without our prior written consent. Further information can be found in our FAQs.
6.5 The Cool Classics gives no warranty or representation as to the anticipated or likely selling price of any Auction Listing. Any estimate given, whether written or oral, as to the estimated selling price of any Auction Listing is a statement of opinion only and may be subject to revision from time to time at The Cool Classic’s sole discretion and should not be relied upon as an indication of the actual selling price.
6.6 Make an Offer: When you consign your Auction Listing to the Make an Offer listing, you are inviting Buyers to negotiate with you during the period of 14 days. When a Buyer makes you an offer via Make an Offer, and it is within 30% of the reserve we have agreed, we’ll message you to let you know. The Buyer will pay fees to The Cool Classics if their offer is successful.
6.7 After receiving an offer through Make an Offer, you have 24 hours to choose how to respond. You can:
6.7.1 Accept the offer and complete the sale to the Buyer, and we will remove your Auction Listing from the Make an Offer listing;
6.7.2 Let the offer expire which will happen automatically after 24 hours (or earlier if a higher offer has been made); or
6.7.3 Reject the offer; or
6.7.4 Make a counter-offer to the Buyer (your counter-offer expires after 24 hours or earlier if a higher offer has been made).
If you make a counter-offer the reserve (or Buy Now price) we have agreed with you will be decreased to the amount of your counter-offer.
6.8 Buy Now: When you consign your Auction Listing to the Buy Now listing, you are inviting Buyers to bid at or above the Buy Now price you have agreed with The Cool Classics. When a Buyer makes a bid for your Auction Listing via Buy Now at or above the Buy Now price the sale is agreed and you will complete the sale to the Buyer and we will remove your Auction Listing from the Buy Now listing.
6.9 If you are a Seller listing an Auction Listing for sale on our Site: you are solely responsible for the factual accuracy of, and for any judgments or opinions expressed in, the description of each Auction Listing entered by you, and for any error, misstatement, or omission of information in that description, as well as the condition, authenticity and quality of the Auction Listing. If you are a Seller you represent and warrant that you are the legal owner of the Auction Listing and free to sell the Auction Listing as published on the Site and that you will complete the sale of the Auction Listing to the successful Buyer and that sale will be free of any charges or encumbrances and transfer legal ownership to the Buyer. In ensuring accuracy the advertised mileage can be exceeded by no more than 1,000 miles at the point of collection by the Buyer.
6.10 If you as the Seller withdraw your Auction Listing from sale, or from the Coming Soon list, or following a Live Auction or the Make an Offer or the Buy Now listing and an agreed sale of your Auction Listing to a Buyer, you fail to complete the sale of the Auction Listing within the timeframe agreed with the Buyer for any reason other than the default of the Buyer, you will be obliged to pay the fees to The Cool Classics in accordance with clause 13 that would have been paid by the Buyer (and you agree that The Cool Classics may collect this payment directly from your payment method without further approval from you), calculated as follows:
6.10.1 if you fail to complete the sale of the Auction Listing, calculated on the final selling price of the Auction Listing; or
6.10.2 if you withdraw your Auction Listing from sale, or from the Coming Soon list, calculated on the last reserve you agreed with The Cool Classics or if none (including an Auction Listing on the Coming Soon list) a minimum charge of £500 on all Vehicle Auction Listings. All applicable sales tax or similar tax is to be paid in addition to and at the same time as the fees referred to above.
7. COOL CLASSIFIEDS
7.1 The Cool Classics provides the platform for a Seller to list a Cool Classified and a Buyer to express its interest in purchasing a Cool Classified Vehicle.
7.2 Cool Classifieds are not available to Trade Sellers.
7.3 There are no fees payable by the Seller to The Cool Classics in connection with a Cool Classified.
7.4 The Buyer pays a Cool Commission of 5% (excluding VAT) when purchasing a Cool Classified on our Site.
7.5 By placing a Cool Classified on the Site, the Seller is deemed to have accepted these Terms together with all other policies and terms that may be posted on the Site from time to time. By making an enquiry into a Cool Classified on the Site, the Buyer is deemed to have accepted these Terms, together with all other policies and terms that may be posted on the Site from time to time.
7.6 A Seller must first submit a request and upload photos and related information, including their proof of ownership of the Cool Classified Vehicle. Further information can be found in our FAQs and our Sell With Us section.
7.7 The Cool Classics will consider the proposed Cool Classified and confirm if the Cool Classified is accepted to be listed on the Site. The Cool Classics may assist Sellers in the creation of their Cool Classified, but the content of the Cool Classified is the Seller’s sole responsibility, and it remains the Seller’s sole responsibility to make sure that its listings are accurate at all times. There may be a period where a Seller waits for the Cool Classified to go live and listing will continue for a period of 30 days (subject to The Cool Classic’s discretion).
7.8 The Cool Classics gives no warranty or representation as to the anticipated or likely selling price of any Cool Classified Vehicle. Any estimate given, whether written or oral, as to the estimated selling price of any Vehicle is a statement of opinion only and may be subject to revision from time to time at The Cool Classic’s sole discretion and should not be relied upon as an indication of the actual selling price.
7.9 If you are a Buyer making an offer to the Seller for a Cool Classified Vehicle, you acknowledge that it is your responsibility to:
7.9.1 conduct your own due diligence on the Vehicle, including any Vehicle database checks, before purchase;
7.9.2 arrange an inspection of the Vehicle before purchase;
7.9.3 check the Vehicle at the point of collection;
7.9.4 independently determine the description, ownership, value, condition, authenticity, quality of the Vehicle and any additional fees connected to the purchase such as government fees and taxes, title and registration fees, licensing and plate fees, finance charges dealer document preparation and emissions testing; and
7.9.5 pay shipping and delivery costs associated with your purchase of the Vehicle, including but not limited to taxes, fees and testing charges and the additional fees
7.10 The Seller is solely responsible for the factual accuracy of, and for any opinions expressed in, the description of a Cool Classified Vehicle, and for any error, misstatement or omission of information in that description, as well as the condition, authenticity and quality of the Vehicle. The Cool Classics is not responsible for the accuracy of such information.
7.11 The Cool Classics reserves the right to remove or suspend the publication of a Cool Classified on the Site at any time and in its sole discretion. If a Cool Classified is so removed or suspended on the Site, we will attempt to contact you to explain why your advert has been removed or suspended but are under no obligation to do so.
7.12 It is the responsibility of a Buyer and Seller, respectively, to negotiate the terms of a binding transaction and enter into a sale contract for a Cool Classified Vehicle.
7.13 It is for the Buyer and Seller to agree a suitable payment method for the Cool Classified Vehicle. If you want to protect your funds for purchasing a Vehicle, you may opt to use an escrow agent and this is therefore recommended by The Cool Classics. The escrow agent will hold the funds in their escrow account (subject to their terms of service and agreed fees) and will release the funds to the Seller once the sale is agreed.
7.14 The Buyer warrants that the funds used for the purchase of a Cool Classified Vehicle, and the payment of our fees, have no link with criminal activity including, without limitation, money laundering, tax evasion or terrorist financing.
7.15 The Cool Classics is not a party to any transaction between Buyers and Sellers. The Cool Classics provides no conditions, representations or warranties of any kind, either express or implied. Any communications and transactions that may arise from a Cool Classified shall involve only the Seller and a prospective Buyer and The Cool Classics shall have no obligation or responsibility to either the Buyer, Seller or any other party in respect of any Cool Classified or the sale of a Vehicle arising from a Cool Classified.
7.16 The buyer can choose to pay the 5% Cool Commission as a holding fee for later collection if accepted by the seller and the buyer agrees to the terms of sale. If however a decision is changed on the buyers part before collection, they agree this fee is non-refundable.
8. SELLERS WHO ARE TRADERS
8.1 This clause applies to Trade Sellers.
8.2 We may terminate your use of the Site or terminate the contract between you and The Cool Classics for the provision of the online service for convenience with not less than 30 days’ advance notice. We may suspend or terminate your use of the Site immediately if we determine that (a) you have materially breached these Terms and failed to rectify within 7 days of a breach notice; (b) your account has been, or we believe that it may be, used for deceptive or fraudulent or illegal activity or in breach of clause 4.5; or (c) your use of the Site has harmed, or we identify that it might harm, other Sellers, Buyers, customers, or The Cool Classic’s legitimate interest. We will promptly notify you of any such termination or suspension via email or similar means sent to you individually indicating the reason and any options to appeal.
8.3 You may at any time terminate your use of the Site immediately on notice to us via email, or similar means
8.4 We may make available data derived from your use of the Site arising from the sale of your Auction Listing or Cool Classified Vehicle comprising of items sold, prices, sales, volumes and time of the transaction, which you will use solely for the purpose of supporting your business on The Cool Classics.
9. SELLER CONTENT AND DESCRIPTION
9.1 The description of the Auction Listing and/or Cool Classified Vehicle (which includes information provided in relation to the Auction Listing or Cool Classified Vehicle by or on behalf of the Seller in the comments section) is, to the best of the Seller’s knowledge, accurate and not misleading. The Seller has notified (or will before the Live Auction or Cool Classified launch notify) The Cool Classics in writing of any material alterations to the Auction Listing and/or Cool Classified Vehicle of which the Seller is aware, and of any concerns expressed by third parties in relation to the authenticity, provenance, origin, age, condition or quality of the Auction Listing and/or Cool Classified Vehicle, and has provided The Cool Classics with all such information in the Seller’s possession or control. If the Seller notifies us in writing of any amendments to the description during the Live Auction or Cool Classified listing, we will use our reasonable endeavours to announce these amendments in the comments section of the auction.
9.2 While The Cool Classics does perform some verification processes, including HPI and MOT checks, The Cool Classics shall not be liable to the Seller or the Buyer for any error or misstatement in or omission from the description of any Auction Listing and/or Cool Classified Vehicle. Where The Cool Classics assists with the creation of the content of a listing of an Auction Listing:
9.2.1 The Cool Classics will provide the Seller with a copy of the description within a reasonable time prior to the Live Auction; and
9.2.2 the Seller or any person on his behalf will notify The Cool Classics in writing within a reasonable time before the Live Auction of any error or misstatement in or omission from the description, and The Cool Classics may treat that description as accepted by the Seller.
9.3 The description of the Auction Listing (which includes information provided in relation to the Auction Listing by or on behalf of the Seller in the comments section) and/or Cool Classified Vehicle remains the Seller’s sole responsibility at all times.
9.4 To the extent permitted by law The Cool Classics has no duty to the Seller or the Buyer to investigate the accuracy of the description of any Auction Listing or Cool Classified Vehicle provided by or on behalf of the Seller.
9.5 If a sale of an Auction Listing is lost because of (1) the description of the Auction Listing (which includes information provided in relation to the Auction Listing by or on behalf of the Seller in the comments section) being inaccurate or misleading; or (2) the failure of the Seller to disclose to The Cool Classics all information which may reasonably be expected to affect the provenance, title, value or any other aspect of the Auction Listing, the Seller shall pay the fees to The Cool Classics in accordance with clause xx
9.6 The Seller is solely responsible for the content of the photographs provided in connection with their listing of an Auction Listing or Cool Classified. The Cool Classics is not responsible for checking or verifying the content of the photographs or for deleting any sensitive information contained in them.
9.7 The Seller gives The Cool Classics the full and absolute right to photograph and illustrate any Auction Listing consigned for sale and/or any Cool Classified Vehicle, and to use such photographs and illustrations at any time at its absolute discretion (whether or not in connection with the Live Auction or Cool Classified). The Seller agrees that they should not use such photographs in connection with the sale of the Auction Listing on any platform other than The Cool Classics.
9.8 Photographs and illustrations used for the Auction Listing and/or Cool Classified Vehicle are for identification purposes only. They may not show the true condition and colour, (which may be inaccurately reproduced) of the Auction Listing and/or Cool Classified Vehicle.
9.9 Estimates and descriptions for the Auction Listings and/or Cool Classified Vehicle may be amended at The Cool Classics ‘ discretion from time to time by notice to the Seller given orally or in writing before or during a Live Auction or Cool Classified listing (as applicable).
10. BIDDING FOR AN AUCTION LISTING ON OUR SITE
10.1 If you are a Buyer bidding for an Auction Listing (or making an offer via Make an Offer or making a bid on an Auction Listing via Buy Now — throughout these Terms the word “bid” shall include making an offer via Make an Offer and making a bid via Buy Now) you acknowledge that it is your responsibility to:
10.1.1 conduct your own due diligence on the Auction Listing you intend to bid on, including any database checks;
10.1.2 arrange an inspection of an Auction Listing you intend to bid on;
10.1.3 check the accuracy of your bids — all bids are made at your own risk;
10.1.4 directly contact the Seller to purchase the Auction Listing once your bid is approved by us as the highest bid on the Auction Listing (or the first offer in the Buy Now option), subject to achieving any reserve required by the Seller unless the reserve is waived by the Seller;
10.1.5 check the Auction Listing at the point of collection;
10.1.6 independently determine the description, ownership, value, condition, authenticity and quality of the Auction Listing; and
10.1.7 pay shipping and delivery costs associated with your purchase of an Auction Listing, including but not limited to taxes, fees and testing charges.
10.2 As a Buyer, you agree in regard to each bid submitted for an Auction Listing that:
10.2.1 your bid is a legally binding obligation on you, that if your bid is successful and achieves any reserve required by the Seller (unless the reserve is waived by the Seller), you must pay our fees; and
10.2.2 you are making an irrevocable offer to purchase that Auction Listing and you must pay to the Seller the final amount of your highest bid; and
10.2.3 You cannot withdraw your bid, including any “Max Bid”.
10.3 It is the responsibility of a Buyer and Seller, respectively, to negotiate the terms of a binding transaction and enter into a sale contract for an Auction Listing.
10.4 If you as the successful Buyer fail to complete the purchase of the Auction Listing (including failing to pay to the Seller the final amount of your highest bid within the timeframe agreed with the Seller) for any reason other than the default of the Seller, you will be obliged to pay the fees to The Cool Classics. We will assist the Seller to attempt to sell the Auction Listing to an underbidder.
10.5 If a Buyer makes the highest bid on the Auction Listing, The Cool Classics has the right to provisionally sell the Auction Listing. The highest bid placed during the Live Auction, Make an Offer or Buy Now period will remain open for acceptance by the Seller for 24 hours following the Live Auction, Make an Offer or Buy Now period. During this period, The Cool Classics will take steps to contact the Seller and determine whether they are willing to accept the bid. Following confirmation from the Seller, The Cool Classics will notify the Buyer whether the Seller is willing to accept the bid. The Buyer’s bid will be deemed to be rejected if the Seller has not notified us in writing of its willingness to accept within 24 hours following the auction ending. This 24-hour period can be extended by written agreement between us and the Buyer. If the Seller rejects the Buyer’s bid, The Cool Classics reserves the right to make up any shortfall to the reserve set by the Seller. Where the Buyer is notified that the Seller is willing to accept the bid, or if The Cool Classics has offered to make up any shortfall to the reserve set by the Seller (including during a Live Auction or a bid during the Make an Offer or Buy Now period) your bid is successful and you shall pay our fees.
10.6 If your bid is successful, subject to achieving any reserve required by the Seller unless the reserve is waived by the Seller, you will pay to the Seller (or into the agreed escrow account, if such an arrangement has been agreed with the Seller) the final amount of your highest bid within 7 Working Days of the auction ending unless otherwise agreed with the Seller. If you do not make payment in full to the Seller (or into the agreed escrow account, if such an arrangement has been agreed with the Seller) within the 7 Working Days, or within the timeframe agreed with the Seller, you will lose the right to purchase the Auction Listing and the fees paid and payable to The Cool Classics will not be refundable. You will complete the purchase of the Auction Listing and make payment to the Seller, and pay our fees, in the name or entity in which you are registered as a user with The Cool Classics .
10.7 Subject to any rights that the Seller may have under these Terms and in law, and unless otherwise agreed in writing with the Seller and notified to The Cool Classics , if the Buyer does not collect the Auction Listing within (a) 7 Working Days of the auction ending if the Seller’s Auction Listing is stored in paid for storage or with a Managed Partner; or if otherwise, within 21 (twenty-one) days of payment (or such other period of time agreed between the Seller and the Buyer), the Seller may charge a storage charge to the Buyer. The Seller, acting reasonably, shall be permitted to transfer the Auction Listing to a secure third-party storage facility and to re-charge to the Buyer the Seller’s reasonable and actually incurred costs (including removal, storage or other reasonable charges and expenses) which shall be paid by the Buyer to the Seller on demand. The Seller shall give the Buyer reasonable notice of its intention to exercise its rights under this clause and shall keep the Buyer informed of any action taken so that the Buyer can adjust its collection plans. The Cool Classics is not liable for any failure of the Buyer to pay amounts charged to or owed by the Buyer pursuant to this clause.
10.8 Make an Offer: You can make an offer on Auction Listings listed under Make an Offer. Your offer must include the price for the Auction Listing together with our fees, as a total amount and we will message your offer to the Seller if it is within 30% of the reserve we have agreed with the Seller. Your offer expires after 24 hours (or earlier if a higher offer has been made).
10.9 The Seller has until your offer expires to respond. If they don’t respond to you in that time your offer expires. If the Seller responds, they may:
10.9.1 Accept your offer, in which case you must pay our fees, buy the Auction Listing and pay to the Seller the amount you offered;
10.9.2 Reject your offer, in which case you may make another one; or
10.9.3 Make a counter-offer to you, then you have 24 hours (or until a higher offer has been made if earlier) to choose how to respond. You can choose to accept, reject, or continue negotiating by making another offer to the Seller.
When you make an offer via Make an Offer which the Seller accepts, or you accept the Seller’s counter-offer, you are agreeing to pay our fees and buy the Auction Listing.
10.10 Buy Now: You can make a bid on Auction Listings listed under Buy Now. When you make a bid for an Auction Listing via Buy Now at or above the Buy Now price your bid is successful and the sale agreed and you are agreeing to pay our fees and buy the Auction Listing.
10.11 It is for the Buyer and Seller to agree a suitable payment method for the Auction Listing. If you want to protect your funds for purchasing an Auction Listing, you may opt to use an escrow agent and this is therefore recommended by The Cool Classics . The escrow agent will hold the funds in their escrow account (subject to their terms of service and agreed fees) and will release the funds to the Seller once the sale is agreed.
10.12 The Cool Classics may at its discretion remove any bid made by a Buyer bidding for an Auction Listing if:
10.12.1 you have not provided us with a valid payment method for our fees, either because we could not pre-authorise your payment card, or for any other reason;
10.12.2 you have made a clear typographical error;
10.12.3 we believe the Seller is bidding for the relevant Auction Listing, or we believe you are bidding on behalf of the Seller; or
10.12.4 you did not pass one or more of the background checks we have made on you.
10.13 You warrant that the funds you use for your purchase of an Auction Listing, and the payment of our fees, have no link with criminal activity including, without limitation, money laundering, tax evasion or terrorist financing.
10.14 The Cool Classics reserves the right to place bids on Auction Listings on its own behalf for testing and maintenance purposes.
11. AUCTION PROCESS AND SALES OUTSIDE THE COOL CLASSICS
11.1 The process and rules for selling and buying an Auction Listing, in addition to these Terms, are found here.
11.2 We have the right, at our absolute discretion, to withdraw any Auction Listing from the Coming Soon List or a Live Auction, whether the Auction Listing has a reserve or not. We are not required to provide any reason for exercising this right of withdrawal. We have the right to extend any Live Auction (for any period we determine) and continue to offer for sale any relevant Auction Listing, if in our absolute discretion it is in the best interests of Buyers and the Seller due to delays, interruptions or errors having affected the original Live Auction. In such circumstances, if the Buyer who has made the highest bid on any affected Auction Listing in the original Live Auction that is being extended has already paid our fees in accordance with clause 13, we will refund you those fees paid. If a Live Auction is extended all bids remain open and you cannot withdraw your bid.
11.3 Buyers and Sellers shall not engage in any activity designed to complete or facilitate a transaction for the sale or purchase of an Auction Listing outside of the Site. If any sale of an Auction Listing is concluded outside of the Site in any event, the Seller will be obliged to pay the fees to The Cool Classics in accordance with clause 9 that would have been paid by the Buyer had the Auction Listing been sold via the Site, calculated on the last reserve you agreed with The Cool Classics or if none a minimum charge of £500) on all Vehicle Auction Listings. All applicable sales tax or similar tax is to be paid in addition to and at the same time as the fees referred to above.
12. DISPUTE RELATING TO A SALE
12.1 Any dispute with respect to the sale of any Auction Listing or Cool Classified shall be resolved between the Buyer and Seller and without the participation of The Cool Classics
13. OUR FEES
13.1 Using the Site is free for Sellers, except where otherwise stated in these Terms. Clauses 2.10, 5.5 and 7.3 require the Seller to pay to us the fee that would have been paid by the Buyer, and the provisions of this clause 9 shall apply to the Seller in those circumstances.
13.2 When you first bid on an Auction Listing, our third-party payment provider, Stripe, will put a hold on your credit or debit card for the fee that would be payable if you are the successful bidder, equivalent to the fee payable on that bid amount. You will be providing credit or debit card information directly to Stripe, which operates a secure server to process payment details, encrypting and tokenising your credit/debit card information, processing any pre-authorisations and authorising payment. By registering to make payment to us using Stripe, you confirm that you accept and agree to be bound by Stripe’s terms and acknowledge that they constitute a legally binding contract between Stripe and you.
13.3 For the Buyer who has made the highest bid on the Auction Listing, subject to achieving any reserve required by the Seller unless the reserve is waived by the Seller, or for the Buyer who has agreed to purchase an Auction Listing via Make an Offer or via Buy Now, you will pay to us a fee equivalent to a commission of 5% exclusive of Value Added Tax calculated on the final selling price of the Auction Listing unless:
13.3.1 the fee calculated is less than £400.00 exclusive of Value Added Tax on all Vehicle Auction Listings in which case you will pay a minimum charge of £400 exclusive of Value Added Tax or
13.3.2 the fee calculated is more than £5,000 exclusive of Value Added Tax on all Auction Listings, in which case you will pay a maximum charge of £5,000 exclusive of Value Added Tax; or
13.3.3 All applicable sales tax or similar tax is to be paid in addition to and at the same time as the fees referred to above.
13.4 The fee will be processed by Stripe on our behalf. Any company in The Cool Classics group of companies may receive payment on behalf of any other group company and may transfer funds to any other group company.
13.5 Your credit card or debit card will only be charged if you are successful in the auction in which case immediate payment shall be taken by The Cool Classics for our fees. The fees payable to The Cool Classics are non-refundable; your legal rights as a consumer or, are not affected.
13.6 Stripe will encrypt and tokenise your credit/debit card information that you supply, and you agree to allow Stripe to pre-authorise any amount applicable to the fees payable to us by the Buyer with the highest bid, which are automatically payable upon you winning an auction, and you will authorise the processing of the payment of the fees to us at that time. It is your responsibility to ensure there are sufficient funds available regardless of any pre-authorisation. If any payment is declined, your bid may be cancelled by us.
13.7 We will continue to pursue payment via Stripe until the entire fee has been paid. If Stripe are unable to take the fee payable from your credit or debit card then you must, within 24 hours of the auction ending, make payment of the outstanding amount in one of the currencies specified in clause 13.8 and in immediately available funds during normal banking hours to such bank account as we shall specify. If we do not receive this fee within 24 hours of the auction ending, or if you as the successful Buyer fail to complete the purchase of the Auction Listing for any reason other than the default of the Seller, or lawful cancellation or termination of the purchase contract, we will assist the Seller to attempt to sell the Auction Listing to an underbidder, the fees payable to The Cool Classics will remain payable.
13.8 The fees for our service will be charged in pounds sterling (£) (GBP), and are exclusive of Value Added Tax or GST (if chargeable). All applicable sales tax or similar tax is to be paid in addition to and at the same time as the fees referred to. You are responsible for paying all the applicable taxes in the region. We and our payment processor cannot be held liable for any tax liabilities you incur as part of any transaction.
13.9 If your payment is not received by us under this clause 9, we may also charge interest on any balance outstanding at the rate of 4% a year above the Bank of England’s base rate.
14. YOUR PRIVACY AND PERSONAL INFORMATION
14.1 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
14.2 Our privacy policy is available here.
14.3 Payment information you supply to Stripe is not within our control and is subject to Stripe’s own privacy policy and terms and conditions available on their website at Stripe.
15.CANCELLING THIS CONTRACT
15.1 Consumers’ right to cancel:
15.1.1 These cancellation instructions apply to the contract between you and The Cool Classics for the provision of the online service. It does not apply to the cancellation of any contract to purchase an Auction Listing following a winning bid. You acknowledge and agree that, as a Buyer, The Cool Classics completes the provision of its services to you immediately upon you placing a winning bid. Accordingly, it is not possible for you to cancel a contract to purchase an Auction Listing at the end of an auction and you waive any statutory entitlement that you may otherwise have to cancel the contract on the basis that the service has been provided and you have consented to the provision of services to you immediately.
15.1.2 Cancelling your account:
15.1.2.1 Unless you are participating in a Live Auction, you can cancel your account membership with us at any time by informing us of your decision.
15.1.3 Cancelling the The Cool Classics services:
15.1.3.1 You have the right to cancel the contract within 14 days without giving any reason.
15.1.3.2 The cancellation period will expire after 14 days of the conclusion of the contract. Conclusion of the contract occurs when you register an account, agree to these Terms and begin using the Site.
15.1.3.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email) using the contact details in clauses 1 of these Terms. You can use the model cancellation form set out in Appendix 1 below
15.1.3.4 If you are a Seller who has listed an Auction Listing or a Buyer who has submitted a bid on an Auction Listing during a Live Auction you cannot cancel this contract until the end of the Live Auction.
16. SUBMITTING INFORMATION TO THE SITE
16.1 While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential.
16.2 Whenever you make use of a feature that allows you to upload Content to The Cool Classics or the Site, or to make contact with other users of our Site, you must not provide Content that is illegal, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate.
16.3 You warrant that any such Content does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
16.4 Any Content you upload to the Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but you are required to grant us and other users a limited licence to use, store and copy that Content and to distribute and make it available to third parties. The rights you license to us are described in clause 13.1.
16.5 You cannot provide Content that you do not have the right to submit, unless you have the owner’s permission; this includes material covered by someone else’s copyright or any other proprietary right.
16.6 We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.
16.7 We will not be responsible, or liable to any third party, for the content or accuracy of any Content posted by you to the Site and/or The Cool Classics .
16.8 We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards posted on the Site.
16.9 The views expressed by other users on our Site do not represent our views or values.
16.10 You will comply with the Posting Rules at all times when submitting Content.
17. OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS
17.1 When you upload or post content or submit material to The Cool Classics or the Site, you grant to us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, modify, distribute and display descriptions and images of your Auction Listing or Cool Classified Vehicle in connection with the service provided by the Site and across different media and for the purposes of marketing and promotion of the Site and The Cool Classics . You represent and warrant that you own or otherwise control all of the rights to the content that you upload or post.
17.2 The Site and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). Intellectual property rights mean rights such as: copyright, trademarks, domain names, design rights, database rights, patents, photography and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
17.3 Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust or to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.
17.4 Prohibition of third-party data use and data scraping (a) Unauthorised use: You agree that you will not develop, support or use by any means, including but not limited to software, data scraping, data mining, robots, spiders, crawlers, or similar data gathering and extraction tools, to collect, harvest or otherwise obtain information from the Site without the prior written consent of The Cool Classics . This includes, but is not limited to, extracting data from web pages, databases, APIs, or any other sources of information provided by the Site. (b) Prohibition of third-party use. You acknowledge and agree that the data available on the Site is intended for personal use only. You are strictly prohibited from selling/re-selling or otherwise monitizing, providing, selling, licensing, leasing, loaning, distributing, displaying or otherwise making available any data obtained from the Site to any third party, without the prior written consent of The Cool Classics . This includes but is not limited to, selling data, incorporating data into products or services, or displaying data on other websites or platforms.
17.5 License for third party use. (a) Authorisation for third party use. If you are a third party seeking to use the data obtained from this Site, you must contact The Cool Classics to obtain written authorisation. The Cool Classics may, at its sole discretion grant or deny such authorisation on the terms it decides. (b) Commercial terms. The Cool Classics reserves the right to grant a license fee or other commercial terms in connection with an authorisation for third party use. The license fee or commercial terms may vary depending on the nature and extent of the data usage and shall be paid or delivered in accordance with the terms specified by The Cool Classics.
18.TRADEMARKS
18.1 “The Cool Classics” and our logo are our trademarks. Other trademarks and trade names may also be used on the Site. The use of any trademarks on the Site is strictly prohibited unless you have our prior written permission.
19. ACCURACY OF INFORMATION AND AVAILABILITY OF THE SITE
19.1 While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
19.2 We may suspend or terminate operation of the Site at any time as we see fit.
19.3 News, articles, podcasts or similar media are provided for your general information purposes only and to inform you about us and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
19.4 While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.
19.5 We may provide a translation of the description of an Auction Listing or Cool Classified Vehicle into languages other than English. Where translations are provided, they are provided for information purposes only and the English version prevails in the event of a discrepancy between the versions.
20.HYPERLINKS AND THIRD PARTY SITES
20.1 The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party’s website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.
20.2 You may create a link to our Site from another website without our prior written consent provided no such link:
20.2.1 creates a frame or any other browser or border environment around the content of our Site;
20.2.2 implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Site; or
20.2.3 displays any of the trademarks or logos used on our Site without our permission or that of the owner of such trademarks or logos.
20.2.4 We reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.
21.LIMIT ON OUR RESPONSIBILITY TO YOU
21.1 Limit on our responsibility to you if you are a consumer or an Australian Consumer:
21.2 If you are a consumer or Australian Consumer, except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
21.3 losses that:
21.3.1.1.1 were not foreseeable to you and us when these Terms were formed; or
21.3.1.1.2 that were not caused by any breach on our part;
21.3.1.1.3 business losses; and
21.3.1.1.4 losses to non-consumers.
21.4 Limit on our responsibility to you if you are not a consumer:
21.4.1 If you are not a consumer, our liability under or in connection with the contract (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 17.5.
21.4.2 Subject to clause 17.5, our total liability shall not exceed the sum of monies paid or payable to us by you for the services under this contract.
21.4.3 Subject to clause 17.5, we shall not be liable for consequential, indirect or special losses.
21.4.4 Subject to clause 17.5, we shall not be liable for any of the following (whether direct or indirect):
21.4.4.1 loss of profit;
21.4.4.2 loss or corruption of data;
21.4.4.3 loss of use;
21.4.4.4 loss of production;
21.4.4.5 loss of contract;
21.4.4.6 loss of opportunity;
21.4.4.7 loss of savings, discount or rebate (whether actual or anticipated);
21.4.4.8 harm to reputation or loss of goodwill.
21.5 Notwithstanding any other provision of the contract, our liability shall not be limited in any way in respect of the following:
21.5.1 death or personal injury caused by negligence;
21.5.2 fraud or fraudulent misrepresentation; or
21.5.3 any other losses which cannot be excluded or limited by applicable law.
21.6 A sale contract for an Auction Listing or Cool Classified Vehicle is between a Seller and a Buyer. The Cool Classics does not guarantee and is not responsible for the performance of a Buyer or a Seller participating in a sale of any Auction Listing or Cool Classified Vehicle. We shall not be responsible for their obligations in the sale contract and we exclude all liability arising from the sale contract.
21.7 We cannot guarantee the continuous operation of or access to our Site. Bid update and other notification functionality via our Site may not occur in real time. The functionality of our Site is subject to delays, interruptions and errors beyond The Cool Classic’s control.
21.8 The Cool Classics shall have no liability for any such delays, interruptions, errors or other problems referred to in clause 17.7
21.9 The Cool Classics may introduce you to third-party service providers, including our Managed Partners. We do not control or endorse these third-party service providers, your interactions with them are at your own risk, and The Cool Classics will have no liability for any loss or damage incurred because of their acts or omissions.
21.10 The Cool Classics may provide referrals, hyperlinks or references to third-party finance parties on the Site. We accept no responsibility or liability for (i) finance that is sought, arranged or relied upon using such finance parties or any third party introduced by them (collectively “Finance Parties“; (ii) any act or omission of Finance Parties; or (iii) any loss or damage incurred due to the acts or omissions of the Finance Parties or in connection with the use or reliance on such Finance Parties. The Cool Classics does not control the Finance Parties and offers no warranty or representation in respect of their products or services. Regardless of whether you are the Buyer or Seller you agree that you will not assert any claim against The Cool Classics in respect of the products or services of the Finance Parties or for finance sought, arranged or relied upon with respect to such Finance Parties. Your use, interactions with or reliance upon Finance Parties is solely at your own risk, governed by the terms and conditions of that arrangement or relationship (if applicable) and does not in any way relieve you of your obligations under these Terms.
22. EVENTS BEYOND OUR CONTROL
We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
23. RIGHTS OF THIRD PARTIES
No one other than a party to these Terms has any right to enforce any of these Terms.
24. VARIATION
No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 25. We reserve the right to vary these Terms from time to time and so it is your responsibility to check these Terms regularly. In the case of Trade Sellers, we will give you not less than 15 days’ advance notice of any variation to these Terms, and if you do not agree to the proposed variation you may terminate your use of the Site immediately on notice to us via email, or similar means, subject to clause 6.10. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes (following notice in the case of Trade Sellers), you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
25. UNENFORCEABLE PROVISIONS
If any provision of these Terms is found to be unenforceable, all other provisions shall remain unaffected.
26. JURISDICTION AND APPLICABLE LAW
26.1 If you are a business user, the courts of England and Wales will have exclusive jurisdiction in relation to these Terms and English law will apply to these Terms.
26.2 If you are a consumer user, the courts of the United Kingdom will have non-exclusive jurisdiction in relation to these Terms and English law will apply to these Terms.
APPENDIX 1 – CANCELLATION FORM FOR CONSUMERS IN UK OR EU
Cancellation Form
To: The Cool Classics Ltd, company registration number OC449408 and the registered office of which is at 21c Abington Grove, Northampton, NN1 4QW.
I hereby give notice that I cancel my contract of sale of the supply of following services provided by The Cool Classics,
· For a Seller: my registration for The Cool Classics services on [date];
· For a Buyer: my registration for submitting a bid on a Auction Lot on [date].
Name of consumer:
Address of consumer(s):
Date:
Need help?
Contact us at for any questions about our terms and conditions.
Francis@thecoolclassics.co.uk
Ralph@thecoolclassics.co.uk
