Consumer Direct Service standard terms and conditions

Auto Trader Limited (company registration number 3909628) is incorporated and registered in England and Wales and has a registered office address at 4th Floor, 1 Tony Wilson Place, Manchester M15 4FN (“Auto Trader”).

Dealer Auction Limited (company registration number 11514206) is incorporated and registered in England and Wales and has a registered office address at Central House, Leeds Road Rothwell, Leeds, West Yorkshire, LS26 0JE (“Dealer Auction” / “We” / “Us”).

Dealer Auction is partnering with Auto Trader for provision of the Consumer Direct service offering to you (“Service”). Auto Trader generates advert for its customers visiting Auto Trader’s online platform (“Auto Trader Platform”) which will then be shared with Dealer Auction. The Service will be fulfilled by Dealer Auction and your legal relationship in respect of the Service shall be with Dealer Auction.

These standard terms and conditions (“Conditions”) set out the contract terms between you (the user of the Service) and Dealer Auction. Auto Trader is not a party to these Conditions.

Your attention is drawn in particular to:

clause 3 (Contract of Sale); and

clause 6 (Liability).

We may modify these Conditions from time to time, you should therefore ensure you review these Conditions regularly.

If you require any support, please contact us by using the details set out at the end of these Conditions.

DEFINITIONS

In these Conditions the following terms will have the following meanings unless the context otherwise requires:

Term	Meaning
“Advert”	means an advert generated by Auto Trader using the information and images of the Vehicle you provide on the Auto Trader Platform;
“Inspection”	means the inspection of the Vehicle carried out in accordance with clause 2.9;
“Offer”	means the highest price offered to be paid by a Retailer for your Vehicle and communicated to you by us;
“Qualifying Retailer”	means a Retailer with the highest Offer selected by us in accordance with your written instructions; means a company, organisation or person that’s agreed to be part of the Service offering and makes an Offer;
“Vehicle”	means your vehicle which is the subject of the Service and the Contract of Sale.

SERVICE
1. By using the Service, you warrant that:
  1. you are not using this Service in the course of carrying out a business;
  2. you are at least 18 years old;
  3. you will settle any outstanding finance on your Vehicle immediately following entering into any Contract of Sale; and
  4. all information you provide to us is accurate, complete and not misleading.
2. The Service is provided free of charge to you.
3. Dealer Auction operates an online platform where a select network of Retailers can view a copy of your Advert and make Offers to purchase your Vehicle (“Dealer Auction Platform’’).
4. Following submission of your Advert to the Auto Trader Platform, we will receive your contact and other details. We will then contact you to discuss how you can sell your Vehicle using our select network of Retailers available through the Dealer Auction Platform.
5. If you decide to proceed with the Service, we may ask you to provide further information that will help you optimise your Advert, which may include new and / or additional photographs and any other relevant information.
6. We do not verify any information you provided in the Advert and / or to us. Any inaccurate information may lead to changes to the Offer or the Qualifying Retailer refusing to purchase your Vehicle.
7. Upon receipt of all necessary information from you, we will ask you to confirm whether you wish to sell your Vehicle. Following your confirmation, we will publish the Vehicle on Dealer Auction Platform for the Retailers to view and make an Offer. 3
8. We will contact you with details of the highest Offer. If you are happy to proceed with this Offer, we will communicate this to the Qualifying Retailer and provide your contact details to them. This action does not constitute your acceptance of the Offer.
9. The Qualifying Retailer will contact you to arrange collection of your Vehicle. On the day of collection, the Qualifying Retailer may wish to carry out an inspection of your Vehicle to confirm it matches the description and condition you provided in the Advert and to us (“Inspection’’).
10. If the Qualifying Retailer does not believe that the Inspection matches the description and condition of Vehicle you provided in the Advert and to us, the Qualifying Retailer may:
  1. decide to purchase your Vehicle at the price in the Offer;
  2. give you a revised Offer; or
  3. decide not to proceed with the purchase of your Vehicle and withdraw the Offer.
11. You may reject the Offer or any revised Offer at any time prior to your acceptance of the Offer to the Qualifying Retailer.
CONTRACT OF SALE
1. Prior to accepting the Offer, you and the Qualifying Retailer should agree the terms of the Contract of Sale. Payment should be made and title to the Vehicle transferred in accordance with the Contract of Sale.
2. We are not a party to the Contract of Sale and have no liability or responsibility in respect of or arising out of the Contract of Sale.
EXCLUDED VEHICLES AND TERRITORIES
1. In certain circumstances we are unable to provide you with the Service. In particular, you acknowledge and accept that the following categories of vehicles are excluded from the Service: vans, bikes, buses, commercial and agricultural vehicles and any other vehicle that is not classified as a car. We may update this category from time to time.
2. We may also, from time to time, be unable to provide the Service in certain postcodes, areas and geographies.
LIABILITY
1. To the extent permitted by applicable law, we shall have no liability to you for (a) loss of profit (whether direct or indirect and whether or not reasonably foreseeable by the parties), (b) lost opportunity, or (c) special and consequential losses. In any event (subject to clause 5.2) our liability to you shall in no circumstances exceed the price of the Vehicle contained in the Offer.
2. Nothing in these Conditions shall limit our liability for (a) death or personal injury arising from our negligence or (b) fraud or fraudulent misrepresentation.
GENERAL
1. In order to provide the Service under these Conditions we require certain information from you which may include personal data. Any/all personal data collected by us for such purposes shall be processed by us in accordance with our privacy policy, which can be accessed at Privacy Policy | Dealer Auction.
2. No person other than the Parties and Auto Trader Limited shall have rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any term of this Agreement.
3. If any clause, sub-clause, or any part of a clause or sub-clause, of these Conditions is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable than that provision shall, to the extent required, be severed from these Conditions and shall be ineffective. All other provisions of these Conditions shall remain in full force and effect with such modifications as may be necessary to give effect to the remaining Conditions.
4. Any notices and communications relating to these Conditions shall be made by mail, email or telephone (at our election).
5. Neither party shall be entitled to assign their rights and obligations under these Conditions.
6. These Conditions shall be governed by English law and the parties agree to submit to the non-exclusive jurisdiction of the English courts.

CONTACT DETAILS FOR YOU TO GET IN TOUCH WITH US

*Email: consumerdirect@dealerauction.co.uk

*Phone: 0330 236 9888

Calls can be made between: 09:00am – 17:30pm; Monday to Friday.

*We shall endeavour to reply to your email / answer your phone call as soon as possible.