Terms and Conditions
Please read the following important terms and conditions before you use this website and check that they contain everything which you want and nothing that you are not willing to agree to.
1 About us
1.1 We are SG Auction Limited trading as Selecting Gear, a company registered in England and Wales under company number: 12759686.
1.2 Our registered office is at: Kemp House, 160 City Road, London EC1V 2NX.
2 About our Terms
2.1 These Terms explain how you may use this website www.selectinggear.com (the Selecting Gear Platform).2.2 You should read these Terms carefully before using the Selecting Gear Platform.
2.3 By accessing or using the Selecting Gear Platform or otherwise indicating your consent, you agree to be 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 Selecting Gear Platform immediately.
2.5 If you have any questions about the Selecting Gear Platform, please contact us by:
2.5.1 e-mail firstname.lastname@example.org. Emails will be responded to within 48 hours, excluding weekends and bank holidays.
2.5.2 telephone 0800 987 5455. Telephones will be answered during our normal working hours; Monday – Friday 09:00 to 17:00.
3 About the Selecting Gear Platform
3.1 The Selecting Gear Platform operates an online vehicle auction for use by individuals and the trade for selling or buying vehicles and motoring ephemera.
3.2 The Selecting Gear Platform operates by allowing Sellers to list their Vehicles and/or Motoring Ephemera for Auction and allowing Buyers to bid for these items in accordance with the Auction Rules. Where an Auction ends with a successful bid then the Selecting Gear Platform will introduce by email the Buyer who made the successful bid to the Seller for the parties to thereafter conclude the sale and purchase in accordance with the successful bid. Selecting Gear is not responsible for organising the sale and purchase contract between the Buyer and Seller, nor will Selecting Gear ever be a contracting party to such contract or get involved with any of the terms and conditions of the sale and purchase agreement or any disputes between the Buyer and Seller. Selecting Gear does not act as an agent of the Seller or of the Buyer.
3.3 The Selecting Gear Platform is intended for use only by those who can access it from within the UK. If you choose to access the Selecting Gear Platform from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
3.4 We seek to make the Selecting Gear Platform as accessible as possible. If you have any difficulties using the Selecting Gear Platform, please contact us at email@example.com.
3.5 We may prevent or suspend your access to the Selecting Gear Platform if you do not comply with any part of these Terms, the Auction Rules and any other terms or policies to which they refer or any applicable law.
3.6 As a condition of your use of the Selecting Gear Platform, you agree not to use the Selecting Gear Platform:
3.6.1 in any manner that disrupts the operation of the Selecting Gear Platform or our business. Specifically you must not list a Vehicle or Motoring Ephemera for auction unless you agree to complete the sale at the completed auction price to the Winning Buyer and you must not bid to buy a Vehicle or Motoring Ephemera being auctioned on the Selecting Gear Platform unless you agree to complete the purchase at the completed auction price with the Seller;
3.6.2 to distribute viruses or malware or other similar harmful software code;
3.6.3 for purposes of promoting unsolicited advertising or sending spam;
3.6.4 to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
3.6.5 in any manner that harms minors;
3.6.6 to promote any unlawful activity;
3.6.7 to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
3.6.8 to gain unauthorised access to or use of computers, data, systems, accounts or networks; or
3.6.9 to attempt to circumvent password or user authentication methods
3.6.10 to commit any act of fraud; or
3.6.11 for any purpose that is unlawful under any applicable law or prohibited by these Terms or the Auction Rules.
3.7 In order to use the Selecting Gear Platform whether as a Buyer or Seller you will need to register an account. You agree that you are solely responsible for:
3.7.1 all costs and expenses you may incur in relation to your use of the Selecting Gear Platform; and
3.7.2 keeping your password and other account details confidential. If you become aware of any unauthorised use of your account or password then you should let us know without delay. We will not be responsible for any loss or damage you may suffer if a third party gains unauthorised access to your account, unless we have been negligent.
3.8 If you are under the age of 18 you may not use the Selecting Gear Platform for buying or selling any Vehicle or Motoring Ephemera.
3.9 We have the right in our sole and absolute discretion and at any time to suspend any user’s account and access to the Selecting Gear Platform if these Terms, the Auction Rules or any of our other policies are breached or for any other reason.
4 Selecting Gear Auction Process
4.1 The Selecting Gear Platform auction process operates as follows.
4.1.1 Stage 1. As soon as reasonably practicable once Selecting Gear has approved a Vehicle or Motoring Ephemera as suitable for sale on the Selecting Gear Platform, Selecting Gear will curate the content and produce a draft listing of the Vehicle Lot for the Seller’s final approval.
Unless and until the Seller approves the draft listing of the Vehicle Lot the Vehicle Lot will not be published on the Selecting Gear Platform. Once the Seller has selected “approve listing” on the Selecting Gear Platform this shall constitute the Seller’s final and unconditional approval of the Vehicle Lot for immediate auctioning via the Selecting Gear Platform.
4.1.2 Stage 2. Following the seller’s approval of the Vehicle Lot, Selecting Gear will publish the Lot on the website where It will sit as a Pre-Auction Lot on the Platform until a reserve is triggered. During the Pre-Auction Period the Seller may not make any changes to the Vehicle Lot without the written consent of Selecting Gear. During the Pre-Auction Period buyers may view the Vehicle Lot Listing, receive information about the history of the Vehicle Lot and arrange viewings of the Vehicle Lot.
4.1.3 Stage 3. At the moment that the reserve Is triggered, the Vehicle Lot will become a Live Auction. The Live Auction will operate for the Live Auction Period.
4.1.4 Stage 4. At the end of the Live Auction Period, as soon as Selecting Gear has received the Buyer Fee, Selecting Gear will introduce the name and contact details of Seller to the Winning Buyer and the Winning Buyer to the Seller in order for the Winning Buyer and Seller to thereafter conclude the sale and purchase of the Vehicle Lot at the Winning Bid Amount between themselves. The introduction of the Winning Buyer to the Seller and the Winning Bid Amount shall remain confidential.
4.2 Selecting Gear has a right to cancel an auction at any time for any reason without providing any reason for doing so.
5 Buying a Vehicle on the Selecting Gear Platform
5.1 In order to place a bid to buy any Vehicle or Motoring Ephemera on the Selecting Gear Platform all buyers must register an account with us on the Selecting Gear Platform.
5.2 When a Buyer places a bid for a Vehicle Lot by pressing the “Bid Now” button this is the Buyer’s unconditional and irrevocable offer to the Seller to buy the Vehicle Lot at the price of the bid. Once a Buyer has made a bid it may not be withdrawn or cancelled and it shall remain valid as a legally binding commitment to buy the Vehicle Lot at the price bid unless before the end of the Live Auction Period another higher bid is received from another buyer whereupon it shall lapse and the higher bid shall prevail.
5.3 At the end of a Live Auction the Winning Buyer:
5.3.1 shall be notified that they have won the Auction and in accordance with clause 3.6.1 and clause 11.3 the Winning Buyer must go on to complete the purchase of the Vehicle Lot with the Seller; and
5.3.2 shall be required to pay the Buyer Fee to Selecting Gear being an amount equal to 3% plus VAT (on Lots up to £49,999), or 2.5% (on Lots above £50,000) of the Winning Bid Amount subject to:
(a) a minimum amount of £400 plus VAT (or, solely on number plates, £250 plus VAT); and
(b) a maximum amount of £5,000 plus VAT.
5.4 In order to pay the Buyer Fee the Buyer must complete payment via the Selecting Gear Platform. We use a third party payment provided “Stripe” for the purposes of receiving your payment.
5.5 The Buyer Fee is due and payable following the completion of a successful Auction via the Selecting Gear Platform even if the Buyer and Seller do not go on to complete an agreement between them for the sale and purchase of the Vehicle Lot for any reason.
5.6 We shall not notify the Seller of the identity of the Winning Buyer unless and until we have received payment of the Buyer Fee. If, however, payment of the Buyer Fee is not received by us from the Buyer and Seller goes on to sell the Vehicle Lot to the Winning Buyer or any other party known to the Winning Buyer (for example any person Connected to the Winning Buyer) in bad faith to circumvent the payment of the Buyer Fee to Selecting Gear, then we have the right to claim the Buyer Fee from the Winning Buyer or Seller.
5.7 The Buyer acknowledges that they are provided with sufficient opportunity to view, inspect and obtain any independent opinion they may require in relation to a Vehicle Lot. Moreover, it is the Buyer’s responsibility to satisfy itself with the accuracy of a Vehicle Lot including the value, condition, description, ownership and provenance before making a bid at Auction.
6 Selling a Vehicle on the Selecting Gear Platform
6.1 In order to sell any Vehicle or Motoring Ephemera on the Selecting Gear Platform all sellers must register an account with us on the Selecting Gear Platform.
6.2 In order to sell a Vehicle or Motoring Ephemera with us you need to submit your request via the Selecting Gear Platform and upload all the various vehicle ownership, outstanding finance and history information requested and in the case of a Vehicle select whether you wish to use our Regular Trigger Auction or the Hidden Trigger Auction. The submission of your request is not a guarantee that we will accept your Vehicle or Motoring Ephemera for Auction on the Selecting Gear Platform and we reserve the right to refuse to accept any submissions in our sole and absolute discretion for any reason and at any time. However, typically we may refuse a submission request where we are not provided with at least a reasonable level of evidence to show the Seller has ownership or the Vehicle or Motoring Ephemera is not premium, luxury or of a collectable nature. Your request to sell your Vehicle or Motoring Ephemera on the Selecting Gear Platform shall only be deemed accepted by us at the point we make a live listing of the Vehicle or Motoring Ephemera on the Selecting Gear Platform as a Pre-Auction.
6.3 We will only accept your order when we email or send a notification through the Selecting Gear Platform to confirm this (Confirmation Email). At this point a legally binding contract will be in place.
Right to cancel
6.4 You have the right to cancel a contract within 14 days without giving any reason. However, you do not have the right to cancel if you requested for us to start providing services during the cancellation period and any of the services are fully performed (i.e. the work is completed) during this period. This is further explained in clauses 6.8 and 6.9 below. In relation to auctioning a Vehicle, once a Seller has approved the Vehicle Lot for auction in accordance with clause 4.1.1 the Seller will lose the right to cancel during the Auction Period. If the Seller still goes on to withdraw their Vehicle from an Auction after approving a Vehicle Lot for Auction then the Seller shall be responsible for Buyer Fee in full and notwithstanding clause 5.3.2 in these circumstances the Buyer Fee shall be 3% plus VAT of any reserve price set for the Auction. If no reserve price was set for the Auction the Buyer Fee shall be based 3% plus VAT up to £5000 plus VAT of the higher end of any pre-auction estimate value for the Vehicle Lot as may have been discussed between the Seller and Selecting Gear. If no pre-auction estimate value was discussed between Selecting Gear and the Seller then the Buyer Fee shall be based on 3% plus VAT up to £5000 plus VAT of Selecting Gear’s own assessment of the value of the Vehicle (to be determined in Selecting Gear’s sole and absolute discretion). Further, in addition to the Seller losing the right to cancel as stated above, a Buyer will also lose their right to cancel once a bid has been placed in accordance with clause 5.2.
6.5 The cancellation period will expire after 14 days from the day of the conclusion of the contract.
6.6 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 at the top of this contract. You may also use the model cancellation form available in the schedule to these Terms but it is not obligatory.
6.7 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
6.8 We will not start providing any of the services during the 14-day cancellation period unless you ask us to. When you place an order for services, you will be given the option to tick a box to request for us to start providing the services during the cancellation period. By ticking the box, you acknowledge that you will lose your right to cancel this contract once the services are fully performed (i.e. the work is completed). If you do not tick the box, we will not be able to start providing the services to you until the cancellation period has expired. We are not obliged to accept your request.
6.9 This means that if you requested for us to start providing the services during the cancellation period and the services are fully performed (i.e. the work is completed) during this period, you lose your right to cancel and will be required to pay the full price under this contract even if the cancellation period has not expired.
6.10 This does not affect the rights you have if your services are faulty. See also clause 10 below.
Effects of cancellation
6.11 If you cancel the contract, we will reimburse to you all payments received from you unless you requested for us to start providing the services during the cancellation period, in which case you must pay us:
6.11.1 for the services we provided up to the time you told us that you want to cancel this contract, which will be an amount in proportion to the services performed up to that point in comparison with the full price under this contract; or
6.11.2 the full price under this contract, if you lost your right to cancel this contract because the services were fully performed (i.e. the work was completed) during the cancellation period.
6.12 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel the contract.
6.13 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
7.1 Our third party payment provider Stripe accepts the following credit cards and debit cards: American express, master card, visa, apple pay and google pay. We do not accept cash.
7.3 You will need to make payment as follows:
7.3.1 to the applicable Partner Provider introduced to you if you are a Seller and you are ordering the Bespoke Package or Additional Services ; and
7.3.2 to Selecting Gear if you are a Winning Buyer at the time of the conclusion of the Live Auction or in accordance with clause 5.7 as the case may be or if you are a Seller in accordance with clause 6.5 or 11.1.
7.4 All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:
7.4.1 Verified by Visa: https://www.visa.co.uk/pay-with-visa/featured-technologies/verified-by-visa.html;
7.4.2 Mastercard®SecureCodeTM: https://www.mastercard.co.uk/en-gb/consumers/features-benefits/securecode.html; or
7.4.3 American Express SafeKey: https://www.americanexpress.com/uk/security/safekey/.
7.5 If your payment is not received by us under clause 7.3.2, we may charge interest on any balance outstanding at the rate of 4 percentage points per year above the Bank of England’s base rate.
7.6 Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 6.6 to 6.13.
7.7 The price of the services:
7.7.1 is in pounds sterling (£) (GBP); or
7.7.2 includes VAT at the applicable rate.
8 Nature of the services
8.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example:
8.1.1 services must be carried out with reasonable care and skill;
8.1.2 you must pay a reasonable price for the services, and no more, if you and we haven’t fixed a price for a service; and
8.1.3 we must carry out services within a reasonable time, if you and we haven’t fixed a time for the services to be carried out.
9 Faulty services
10.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this contract. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
9.1.1 contact us using the contact details at the top of this page; or
9.1.2 visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.
9.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
9.3 Please contact us using the contact details at the top of this contract if you want:
9.3.1 us to repeat the services;
9.3.2 us to fix the services; or
9.3.3 a price reduction.
10 Seller and Buyer undertakings and assurances
10.1 During the Auction Period:
10.1.1 if the Seller receives any interest in the Vehicle Lot (or any part of the Vehicle Lot) from any party outside of the Selecting Gear Platform the Seller shall notify the Selecting Gear Platform;
10.1.2 the Seller shall not directly or indirectly enter into any Third Party Negotiations; and
10.1.3 the Seller will provide any registered Buyer on the Selecting Gear Platform with reasonable information and access to the Vehicle Lot in order for a Buyer to make a reasonable assessment of the Vehicle Lot. Sellers will be responsible for further information provided to Buyers during the Auction as we do not monitor or control the questions and answers. However, we reserve the right to remove content which in our opinion is in breach of these Terms.
10.2 At the end of an Auction where there has been a successful bid the Seller and Winning Buyer agree to act in good faith and as soon as reasonably practicable and in any event within 7 days of the end of such Auction to conclude the sale and purchase of the Vehicle Lot at the price concluded on the Selecting Gear Platform. In accordance with clause 3.2 of these Terms, Selecting Gear shall not be involved with or a party to the sale and purchase agreement or process other than solely making the email introductions of the Seller and Winning Buyer to each other in accordance with clause 3.2.
10.3 The Seller must indemnify Selecting Gear and its proprietors, directors, members, employees or agents against any claim made in respect of a Vehicle Lot or any misdescription that arises wholly or partially out of the Seller’s act or default.
10.4 The Seller warrants and confirms that:
10.4.1 the Seller has the necessary authority, power and capacity to enter into this contract and to convey ownership of the Vehicle Lot with full title guarantee and free from encumbrances to the Winning Buyer;
10.4.2 the Seller is the beneficial owner of the Vehicle Lot or has authority from the beneficial owner to sell the Vehicle Lot subject to these Terms; and
10.4.3 where a Vehicle being listed for auction on the Selecting Gear Platform is stated to have a valid MOT that so far as the Seller is aware the Vehicle will be safe to drive on public highways for at least 7 days after the end of the Auction Period.
10.5 The Seller grants Selecting Gear and its agents the right to film, photograph and record all or any part of the Vehicle or Motoring Ephemera as Selecting Gear deems appropriate. All rights in any film, photographs and recordings made or taken by Selecting Gear or its agents shall vest in Selecting Gear or its agents as applicable and Selecting Gear or its agent shall be entitled to assign, licence and/or exploit the same by all means and in all media as they may in their absolute discretion elect.
10.6 Selecting Gear does not provide any assurance to a Seller that by listing a Vehicle or Motoring Ephemera under Auction will successfully end with a Buyer meeting any reserve price or any other particular price. Selecting Gear does not guarantee there will be any buyer’s making any bids at Auction.
10.7 Selecting Gear does not provide any assurance to a Buyer that by making a bid on a Vehicle or Motoring Ephemera under Auction that there will be a Winning Buyer at the end of the Auction.
10.8 Selecting Gear shall have the discretion where and when to publish a Vehicle Lot throughout an Auction and Selecting Gear shall have the sole and absolute discretion whether to pay for any advertising.
11 Accuracy of and Reliance on Vehicle Lot Listings
11.1 When the Seller approves the draft listing of the Vehicle Lot in accordance with clause 4.1.1 the Seller is warranting that all information comprised within the Vehicle Lot is true, accurate and not misleading in all material respects. The Seller shall notify Selecting Gear if the Seller becomes aware during an Auction of any information in the Vehicle Lot which becomes untrue, inaccurate and misleading. If an Auction is terminated by Selecting Gear because it becomes to light after the start of an Auction that information provided by the Seller was untrue, inaccurate or misleading in any material respect, then the Seller shall be responsible for paying the Buyer Fee in full to Selecting Gear at the same rate calculated under clause 6.5 where a Seller withdraws their Vehicle from an Auction after approving a Vehicle Lot.
11.2 Whilst Selecting Gear will use reasonable endeavours to ensure the information comprised within a Vehicle Lot is accurate based on information provided to it and actually to hand to Selecting Gear, such information is not being independently verified and Selecting Gear has no duty to verify ownership, condition, mileage, provenance, conduct HPI or other checks, make any enquiries or any take account of any other relevant factors relating to a Vehicle Lot. No liability, howsoever arising, is or will be accepted by Selecting Gear nor any of their directors, officers, employees, affiliates, agents or advisers for the fairness, accuracy or completeness of the information (including any estimates, forecasts, assumptions or statements of opinion or expectation) contained in a Vehicle Lot or in any other information supplied or made available, in writing or orally, in connection with Vehicle Lot whether before, during or after a live auction, or for the consequences of any reliance upon or other use of any such information. Photographs and video of Vehicles and Motoring Ephemera are for illustration purposes only and may not provide a complete and accurate representation of a Vehicle and Motoring Ephemera. No representation or warranty, express or implied, is or will be made with respect to the fairness, accuracy or completeness of the information comprised within a Vehicle Lot or any other such information. In particular, but without limitation, no representation or warranty is given as to the achievement or reasonableness of, and no reliance should be placed on, any estimates, forecasts, assumptions or statements of opinion or expectation contained in a Vehicle Lot.
11.3 A Vehicle Lot does not purport to contain all the information that a Buyer may want or require about the Vehicle Lot. Prospective buyers must make their own independent assessment of the merits of the Vehicle Lot and conduct their own due diligence as they deem prudent for the purposes of deciding whether or not to participate in a Live Auction and if so the amount to bid. In respect of the mileage of a Vehicle it is possible the mileage at the end of the Auction Period may be more than the published mileage due to test drives and transportation. The Seller warrants the final sale mileage will not be more than 1000 miles greater than the published mileage.
12 Your privacy and personal information
13 Ownership, use and intellectual property rights
13.1 The Selecting Gear Platform 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 means rights such as: copyright, trade marks, domain names, design rights, database rights, patents 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. If after a Seller has registered an account and submitted a request to list a Vehicle or Motoring Ephemera and we, our agents or a Partner Provider has curated copy, produced a listing and created other intellectual property including without limitation professional photographs (together “Curated Content”), the Seller does not go on to Auction their Vehicle or Motoring Ephemera with Selecting Gear then the Seller may not use the Curated Content for any purpose without our written permission which we may give subject to payment of a fee. Where a Partner Provider creates Curated Copy then the Partner Provider shall separately provide to Selecting Gear the right to use such Curated Copy on the Selecting Gear Platform. Following a successful Auction where there is a Winning Buyer following our receipt of the Buyer Fee the Seller and Buyer shall have a limited non-exclusive and non-transferable royalty free licence to use the Curated Copy for their own personal non-business purposes but the Curated Copy must not be re-used in whole or part by the Seller or Buyer via any other website used for selling vehicles or motoring ephemera other than Selecting Gear or in any other form of media for commercial use.
13.2 Nothing in these Terms grants you any legal rights in the Selecting Gear Platform other than as necessary to enable you to access the Selecting Gear Platform in accordance with these Terms. You agree not to adjust to try to circumvent or delete any notices contained on the Selecting Gear Platform (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Selecting Gear Platform.
13.3 Trade marks: Selecting Gear is our trademark. Other trade marks and trade names may also be used on the Selecting Gear Platform. The use of any trade marks on the Selecting Gear Platform is strictly prohibited unless you have our prior written permission.
13.4 Where you provide any photographs or other materials to us for inclusion in a Vehicle Lot then you grant to us a free, non-exclusive, perpetual, royalty free, irrevocable licence to use such photographs and other materials for any purpose relating to our business. You shall not assert any moral rights in such photographs or other materials against us or any third party, and you confirm no other person will similarly assert any such moral rights against us or any third party.
14 Submitting information to the Selecting Gear Platform
14.1 While we try to make sure that the Selecting Gear Platform 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. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.
14.2 We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Selecting Gear Platform to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.
15 Accuracy of information and availability of the Selecting Gear Platform
15.1 While we try to make sure that the Selecting Gear Platform is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Selecting Gear Platform will be fit or suitable for any purpose. Any reliance that you may place on the information on the Selecting Gear Platform is at your own risk.
15.2 We may suspend or terminate operation of the Selecting Gear Platform at any time as we see fit.
15.3 Content is provided for your general information purposes only and to inform you about us and our products 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.
15.4 While we try to make sure that the Selecting Gear Platform is available for your use, we do not promise that the Selecting Gear Platform is available at all times nor do we promise the uninterrupted use by you of the Selecting Gear Platform.
16 Hyperlinks and third party Selecting Gear Platforms
The Selecting Gear Platform may contain hyperlinks or references to third party websites other than the Selecting Gear Platform. 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 websites does not mean that we endorse that third party’s websites, products or services. Your use of a third party website may be governed by the terms and conditions of that third party website.
17 Limitation on our liability
17.1 This clause applies to limit our liability where you are acting as a consumer for the purposes of the Consumer Rights Act 2015. 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:
17.1.1 losses that:
(a) were not foreseeable to you and us when these Terms were formed; or
(b) that were not caused by any breach on our part; and
17.1.2 business losses.
17.2 Clauses 17.2 to 17.6 apply to limit our liability where you are not acting as a consumer. For example you are a trader who is selling or buyer on the Selecting Gear Platform. The extent of the parties’ liability under or in connection with these Terms (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 17.3 to 17.6.
17.3 Subject to clause 18.6, the total liability of Selecting Gear shall not exceed the sum of £1,000
17.4 Subject to clause 17.6, neither party shall be liable for consequential, indirect or special losses.
17.5 Subject to clause 17.6, neither party shall be liable for any of the following (whether direct or indirect):
17.5.1 loss of profit;
17.5.2 loss of or corruption to data;
17.5.3 loss of use;
17.5.4 loss of production;
17.5.5 loss of contract;
17.5.6 loss of opportunity;
17.5.7 loss of savings, discount or rebate (whether actual or anticipated); or
17.5.8 harm to reputation or loss of goodwill.
17.6 Notwithstanding any other provision of this Agreement, the liability of the parties shall not be limited in any way in respect of the following:
17.6.1 death or personal injury caused by negligence;
17.6.2 fraud or fraudulent misrepresentation; or
17.6.3 any other losses which cannot be excluded or limited by applicable law.
18 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. We cannot guarantee that the Selecting Gear Platform will always be continuously available and from time to time we may need to suspend access or take the Selecting Gear Platform offline to carry out essential maintenance.
19 Rights of third parties
No one other than a party to these Terms has any right to enforce any of these Terms.
No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 20. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Selecting Gear Platform and by continuing to use and access the Selecting Gear Platform following such changes, 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.
21.1 We will try to resolve any disputes with you quickly and efficiently.
21.2 If you are unhappy with your experience using the Selecting Gear Platform then please contact us as soon as possible.
21.3 If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms.
21.4 Relevant United Kingdom law will apply to these Terms.
22.1 In these Terms the following words shall have the following meaning:
Additional Services: means any other service in addition to the standard offering such as MOT, servicing, remedial work, detailing, inspection, creation of a presentation pack or transportation. Additional Services are available on request only.
Auction: means an online auction of a Vehicle and/or Motoring Ephemera via the Selecting Gear Platform.
Auction Period: means the Pre-Auction Period, the Live Auction Period and the Post Auction Period.
Auction Rules: means these Terms and any further policies included on the Selecting Gear Platform from time to time, for example the Proposition, Auction Functionality, Buyer FAQs and Seller FAQs. In the event of a conflict between these Terms, the Buyer FAQs, Seller FAQs or any other policies on this Site these Terms shall prevail.
Buyer: means a person who has registered an account and uses the Selecting Gear Platform as a buyer of a Vehicle and/or Motoring Ephemera.
Buyer Fee: means the fee and commission payable to Selecting Gear under these Terms including under clause 5.3.2 and clause 6.5.
Connected: a person shall be deemed to be ‘connected’ with another if that person is connected with such other within the meaning of sections 1122 and section 1123 of the Corporation Tax Act 2010.
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: means a live auction of a Vehicle and/or Motoring Ephemera on the Selecting Gear Website operating during the Live Auction Period.
Live Auction Period: means the period of the Live Auction. This will be a period of at least 72 hours, aiming to end at 7pm on the first day following 72 hours in accordance with clause 5.7.
Motoring Ephemera: includes but not limited to any memorabilia, handbooks, road maps, Grand Prix guides, number plates, tools, spare parts, tyres, media books, prints and other documentation as included on the Selecting Gear Platform.
Partner Provider: means a third party service provider or providers introduced by Selecting Gear to a Seller for such third party to provide services or any Additional Services directly to the Seller.
Partner Provider Showroom: means a showroom operated by a Partner Provider where a Vehicle or Motoring Ephemera may be stored and inspection as part of the Bespoke Package Services.
Post Auction Period: means the 7 day period following the end of the Live Auction Period.
Pre Auction: where a Vehicle Lot is displayed during the Pre Auction Period on the Selecting Gear Platform to generate interest from buyers in advance of the commencement of a Live Auction.
Pre Auction Period: means the period before the reserve Is triggered launching a Live Auction.
Seller: means a person who has registered an account and uses the Selecting Gear Platform as a seller of a Vehicle and/or Motoring Ephemera
Selecting Gear Platform or Site: has the meaning given to it in clause 2.1.
Third Party Negotiations: means any discussions or negotiations between the Seller and any third party relating to the sale, transfer or other disposal of a Vehicle Lot (or any part of a Vehicle Lot).
You: means the person accessing or using this Site or its Contents including Buyers and Sellers (and your shall have the same meaning).
Vehicle: means any motorcar, motorbike or other vehicle included on the Selecting Gear Platform whether in whole or parts only and whether with or without a valid MOT.
Vehicle Lot: means the lot for auction on the Selecting Gear Platform comprising a Vehicle and/or Motoring Ephemera.
We: means SG Auction Limited trading as Selecting Gear, a company registered in England and Wales under company number: 12759686 with registered office at: Kemp House, 160 City Road, London EC1V 2NX (and us or our shall have the same meaning). References to we, our and us in these Terms also includes our group companies from time to time.
Winning Bid Amount: means the amount of the highest bid of a Buyer at the end of Live Auction which meets the Seller’s reserve price or if applicable the amount reached during a Post Auction Period in accordance with clause 5.7.
Winning Buyer: means the Buyer with the Winning Bid Amount.
Updated 5th Dec 2020
SCHEDULE – MODEL CANCELLATION FORM
To SG Auction Limited of Kemp House, 160 City Road, London EC1V 2NX:
I/We [*] hereby give notice that I/We [*] cancel my contract for the supply of the following service/s:
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate