Terms and Conditions

Deal Builder Retailer Standards Business Rules

16 October 2024

Deal Builder Retailer Standards is an advertising enhancement and buyer trust classification feature that recognises Advertisers who (i) provide a minimum standard of service and after sales service in respect of their vehicles, and (ii) meet minimum criteria in respect of their advertising on the Auto Trader Platforms (with such minimum standard/criteria being as further detailed in these Rules). Deal Builder Retailer Standards provides car buyers with a visual indicator of such recognition as Qualifying Advertisers will be permitted to display the Deal Builder Retailer Standards Content on their Adverts and such other areas of the Auto Trader Platforms as shall be determined by Auto Trader at its sole discretion in accordance with these Rules.

Deal Builder Retailer Standards is a Product which is provided subject to the Main Advertising Terms and Conditions which are incorporated into these Rules by reference.

Terms defined in the Main Advertising Terms & Conditions shall have the same meaning in these Rules provided that, should a term be defined in both the Main Advertising Terms & Conditions and these Rules, the meaning of the term defined in these Rules shall have precedence in relation to these Rules.

1. DEFINITIONS

   1. Advertising Standard means the minimum criteria which must be met in respect of an Advertiser’s advertising of vehicles on the Auto Trader Platforms, as further detailed at clause 2.3;
   2. Deal Builder Retailer Standards means the Product provided by Auto Trader which recognises Qualifying Advertisers and allows Qualifying Advertisers to display the Deal Builder Retailer Standards Content on their Adverts and such other areas of the Auto Trader Platforms as shall be determined by Auto Trader at its sole discretion;
   3. Deal Builder Retailer Standards Content means the content which shall automatically be applied to a Qualifying Advertiser’s Adverts to indicate the Qualifying Advertiser’s compliance with the Service Standard and Advertising Standard at all times;
   4. Excluded Advertiser means an Advertiser who Auto Trader has determined, acting reasonably and taking into account the conduct of such Advertiser, cannot be a Qualifying Advertiser;
   5. Qualifying Advertiser means an Advertiser who is a car retailer and who meets the Advertising Standard and the Service Standard at all times, and otherwise complies with these Rules, and is therefore recognised as participating in Deal Builder Retailer Standards;
   6. Reserved means a consumer has completed an order and paid £99 to reserve the vehicle using the ‘Deal Builder’ product, via a Qualifying Advertiser’s Advert. The term "Reservation" shall be construed accordingly;
   7. Service Standard means the minimum standard of service and after sales service which must be provided by an Advertiser in respect of their vehicles being advertised on the Auto Trader Platforms, as further detailed at clause 2.2; and
   8. Vehicle Inspection means a multipoint vehicle inspection carried out by the Advertiser as part of the Service Standard which inspects, as a minimum, the vehicle areas specified in the Appendix to these Rules.

2. ELIGIBILITY

   1. Deal Builder Retailer Standards is provided subject to these Rules for use by selected Qualifying Advertisers only (excluding Excluded Advertisers) who have an Advertising Agreement in place with Auto Trader and who receive an invite from Auto Trader to participate. For the avoidance of doubt, Deal Builder Retailer Standards is not available to private advertisers or ‘pay as you go’ advertisers. To be a Qualifying Advertiser, an Advertiser must meet the Service Standard at clause 2.2 and the Advertising Standard at clause 2.3 at all times.
   2. A Qualifying Advertiser must, in respect of every vehicle it advertises on the Auto Trader Platforms:
      1. carry out a vehicle history/provenance check (using the correct VRM for such advertised vehicle) with a reputable check supplier at a reasonable time before advertising the vehicle on the Auto Trader Platforms;
      2. carry out a Vehicle Inspection at a reasonable time before advertising the vehicle on the Auto Trader Platforms, prepare a report detailing the results of such Vehicle Inspection and make such report available to any potential buyer for such vehicle prior to any sale taking place;
      3. Without prejudice to the generality of clause 2.4 below, the Qualifying Advertiser must make itself aware of and comply with all laws, regulations, advertising codes, guidelines and any other requirements applicable to the advertising and sale of, and fulfilment of any order for, any vehicle which constitutes an ‘off-premises sale’ or a ‘distance sale’, including but not limited to The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; and
      4. In respect of vehicles which are Reserved by a consumer, the Qualifying Advertiser must (promptly after receiving notification of the Reservation) take all reasonable steps to ensure that the vehicle is noted as Reserved and is not sold to any person other than the relevant consumer, or re-advertised on the Auto Trader Platforms or elsewhere, for a minimum of 3 days from the date of the notification of the Reservation (whilst that vehicle remains Reserved by the consumer) and otherwise complies with the Deal Builder Business Rules,

      (the Service Standard).

   3. A Qualifying Advertiser must:
      1. ensure that, at all times, at least 80% of the Qualifying Advertiser’s Adverts on the Auto Trader Platforms contain 9 images or more of the respective vehicle (and holding images should only be used as a temporary measure for the period during which the vehicle is being prepared);
      2. subscribe to Auto Trader’s ‘'Deal Builder' Product, to ensure consumers have the ability to reserve the Qualifying Advertiser’s vehicles on the Auto Trader Platforms;
      3. use best endeavours to keep their stock on the Auto Trader Platform up-to-date and remove Adverts from the Auto Trader Platforms once the respective vehicles have been sold to avoid vehicles being advertised that are not able to be reserved by consumers on the Auto Trader Platforms;
      4. use either Portal or the ‘Auto Trader Connect’ Product to manage its vehicle stock to ensure vehicle stock updates are synchronised with vehicle stock available for consumers to reserve on the Auto Trader Platforms;
      5. in respect of any consumer or potential consumer complaint which relates to a vehicle advertised on the Auto Trader Platforms in connection with Deal Builder Retailer Standards (whether arising before or after a vehicle sale), work with Auto Trader as required by Auto Trader to promptly resolve such complaint in a responsible and transparent way,

      (the Advertising Standard ).

   4. Nothing in these Rules shall operate so as to remove or reduce the obligation on the Qualifying Advertiser to comply with all laws, regulations, advertising codes, guidelines and any other requirements applicable to the advertising and sale of vehicles, and no element of Deal Builder Retailer Standards shall operate or be used by any Qualifying Advertiser so as to undermine, diminish or otherwise affect the statutory or other legal rights which a consumer may have in respect of the vehicle advertised for sale.
   5. Excluded Advertisers are not eligible to participate in Deal Builder Retailer Standards.

3. DEAL BUILDER RETAILER STANDARDS CONTENT

   1. Auto Trader shall display the Deal Builder Retailer Standards Content and information relating to the Qualifying Advertiser’s adherence with the Service Standard and Advertising Standard on the Qualifying Advertiser’s Adverts and such other areas of the Auto Trader Platforms as shall be determined by Auto Trader at its sole discretion.
   2. The Qualifying Advertiser acknowledges and agrees that Auto Trader (and/or its licensors, as appropriate) owns all Intellectual Property Rights existing in the Deal Builder Retailer Standards Content together with all goodwill arising out of or in connection with the Deal Builder Retailer Standards Content. Nothing in these Rules confers on the Qualifying Advertiser any licence or right to use the same except as expressly set out in these Rules.

4. REMOVAL FROM DEAL BUILDER RETAILER STANDARDS

   1. If at any time a Qualifying Advertiser:
      1. fails to comply with all elements of the Service Standard and/or Advertising Standard; and/or
      2. is otherwise in breach of these Rules, the Deal Builder Business Rules and/or any of the Main Advertising Terms and Conditions,

      the Qualifying Advertiser will be automatically removed from participating in Deal Builder Retailer Standards with immediate effect. In such circumstances Auto Trader shall notify the Qualifying Advertiser of the reasons for such action in accordance with the Main Advertising Terms and Conditions.

   2. In addition to Auto Trader’s rights under clause 4.1 above, Auto Trader will review consumer cancellation feedback on a regular basis and if more than 15% of feedback for any Qualifying Advertiser is related to orders (made via the ‘Deal Builder’ product) being cancelled because the respective vehicles are no longer available, Auto Trader reserves the right to remove such Qualifying Advertiser from participating in Deal Builder Retailer Standards with immediate effect. In such circumstances Auto Trader shall notify the Qualifying Advertiser of the reasons for such action in accordance with the Main Advertising Terms and Conditions.

5. INDEMNITY AND LIABILITY

   1. Each Qualifying Advertiser shall indemnify and keep Auto Trader fully indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever arising out of or in connection with:
      1. any consumer complaints or claims brought against Auto Trader in respect of any dealings and/or transactions with the Qualifying Advertiser in connection with Deal Builder Retailer Standards (except to the extent such complaint or claim is directly and solely attributable to the actions of Auto Trader); and
      2. any transaction between a consumer and the Qualifying Advertiser for the purchase by the consumer of any vehicle.
   2. Auto Trader makes no guarantees that participation in Deal Builder Retailer Standards will lead to sales of vehicles or any particular increase in sales or lead generation.

6. GENERAL

   1. The Qualifying Advertiser shall not make any representations, statements and/or warranties on behalf or Auto Trader or seek to bind Auto Trader in any manner.
   2. Qualifying Advertisers should promptly notify Auto Trader of any complaints from consumers which relate to Deal Builder Retailer Standards.
   3. The design and format of the Deal Builder Retailer Standards Content and any related assets on the Auto Trader Platforms shall be determined by Auto Trader and may be amended by Auto Trader at any time at Auto Trader’s sole discretion.
   4. In the event of a breach of these Rules by any Advertiser, without prejudice to clauses 4.1 and 4.2 above, such breach shall be deemed a breach of the Main Advertising Terms and Conditions and Auto Trader be entitled to such rights and remedies available to it thereunder.
   5. A Qualifying Advertiser shall be removed from Deal Builder Retailer Standards immediately on termination or suspension of their use of the Deal Builder product.
   6. Auto Trader reserves the right to amend, modify, remove and/or extend this Product at any point with immediate effect.
   7. Auto Trader may modify these Rules from time to time on giving at least 15 days’ notice in accordance with our Main Advertising Terms and Conditions.

Appendix - Vehicle Inspection

1. Engine and electrics

   ITEMWHAT GETS CHECKEDBattery testCondition of the battery and underlying faults (if any) Engine coolant levelsLevels do not fall below minimum Gearbox fluid levelsLevels do not fall below minimum Timing belt Change date/mileage Engine mountings Any signs of damageCooling system (if applicable)Condition of the system and any hosesEngine oil levelsLevels do not fall below minimum Vehicle charging system (if applicable)Vehicle charging system for minimum outputAll other fluid levels (brake, clutch, power steering)Levels do not fall below minimum Multi V-beltCheck condition and replace if necessary Fluid leaksSigns of any fluid leaks Unusual engine noiseEvidence of any unusual engine noise Starting systemStarts with ease/overall performance (from hot and cold) Engine cooling fansFans operate at the relevant temperature

2. Underbody

   ITEMWHAT GETS CHECKEDAbnormal noiseNo evidence of abnormal noises from the vehicle Fluid leaksNo evidence of any visual leaks after a test drive Emissions from exhaustNo visual emissions coming from the exhaust Underbody corrosion Signs of corrosion on underbody Suspension Efficiency, operation and condition of suspension

3. Brakes and steering

   ITEMWHAT GETS CHECKEDClutch, steering and brakesEfficiency and operation of all componentsParking brakeEfficiency of the brake

4. Wheels and tyres

   ITEMWHAT GETS CHECKEDTyre tread depthsMinimum tread depth is 3mm (all tyres inc. spare if applicable)Tyre conditionEvidence of uneven tyre wear or damageWheel trims/alloy conditionEnsure no excessive damage or corrosion

5. Body exterior

   ITEMWHAT GETS CHECKEDDentsBodywork for dents/cracked paint (greater than 5cm in dia.) Bodywork corrosionSigns of corrosion on bodyworkBody panel fitting and alignmentPanels are fitted and aligned correctly Bonnet catch, safety catch, hinges and tailgate supportsAll work correctly Windscreen damageAny damage to windscreen that is an MOT failureFuel filling systemPetrol caps/lever release works correctlyDoor locksPanels are fitted and aligned correctly All exterior lightingAll lights are secure and operate correctlyDoor windows (manual / electric)All windows open and close correctly

6. Interior and controls

   ITEMWHAT GETS CHECKEDCruise control (if applicable)Cruise control works correctlyVehicle gaugesAll gauges operate correctly Engine management lightsNo engine management lights are illuminatedWipers and washersAll operate correctly and wipers do not need replacingRear view mirror / sun visors All work correctly (no damage that could cause impaired visibility)Navigation system (if applicable)All systems work correctlyInstruments, gauges and controlsAll work correctlyConvertible roof mechanism (if applicable)Roof mechanism works correctly, (retracts/closes correctly)Internal equipment (e.g. accessory sockets, sun visors, arm rests)All work correctly and have no excessive damage Air conditioning, heating, and de-mist systemsAll systems work correctlySeatbelt operationAll fully extend and retract Warning light operationAll warning lights operate correctly SRS warning lightOperates correctlyVisual and audible driver warning systemsAll systems work correctly Parking assistance systems (if applicable)All systems work correctlyInterior lightsAll lights operate correctlyDoor windows (manual / electric)All windows open and close correctly Audio and alarm systemsAll systems work correctlySunroof mechanismMechanism opens and closes correctly Parcel shelfCorrect parcel shelf is fitted and is free of damageDrive pedal operationAll pedals operate correctly Seat mountings, adjustment mechanism and head restsAll work correctly and have no excessive damage