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1. Definitions and Interpretation
In this agreement the following terms shall have the following meanings:
2. Our Website
2.1
Your use of this website and any service contained within constitutes
acceptance by you of these Terms & Conditions.
2.2 Frontline Ready and its owners take a proactive approach to user privacy and
ensure the necessary steps are taken to protect the privacy of its users
throughout their visiting experience. This website complies to all UK national
laws and requirements for user privacy.
2.3 Any reference to “you” refers to you as a User of this website and our
Service (User / Bidder / Buyer / Private Seller / Trade Seller).
2.4 Any reference to “us” refers to Frontline Ready USA.
2.5 Any reference to this “Website” refers to the website address www.frontlinereadyrtx.com and
such other locations where it may be hosted or featured where the entire
website or elements of the website are hosted or featured by our partners.
3. Eligibility
3.1
You must be a minimum age of 18 to register with and use this website.
Furthermore you must be able to enter into legally binding contracts. By
registering and using this website you warrant that you are 18 or older, have
the capacity to enter into contracts and understand your obligations under
these Terms & Conditions.
3.2 You will not be eligible to use this website if you have previously been
banned from using it and a ban is currently still in place, or where you have
been suspended and a suspension is still in place.
4. Registration
4.1
As part of the registration process you will need to create an account,
including a username and password. It is your responsibility to
ensure that the information you provide is accurate, not misleading and relates
to you. You cannot create an Account or username and password
using the names and information of another person or using words that are the
trademarks or the property of another party (including ours), or vulgar, obscene
or in any other way inappropriate. We reserve the right with or without notice
to suspend or terminate any account in breach.
4.2 If for any reason you suspect that your username and password has
been disclosed to or obtained by another party you should contact us
immediately. Please note that we never contact users requesting them to confirm
their username and password or other details.
5. Generic Auction Rules
5.1 As a User, Private Seller / Trade Seller, Bidder or Buyer you agree not to do any of the following:
5.2
If you breach these Terms & Conditions by sending any unsolicited
bulk email (spam) or any other bulk communications to users your
actions will cause harm to us and to the website. Such harm is difficult to
quantify and as such you agree to pay us the sum of £50 for each and every
individual email or other communication sent to a user or third party.
5.3 The above list is not intended to be exhaustive. We reserve the right to
remove (with or without notice) content and suspend or terminate (with or
without notice) the account of any User who in our sole judgment is in
breach of the rules or the spirit of the rules.
6. Selling Rules
6.1 As a Private Seller / Trade Seller you agree to the following:
6.2 As a Private Seller / Trade Seller you agree to NOT commit the following:
6.3
Frontline Ready may edit your Vehicle Listing to comply with the provisions
within these Terms & Conditions without prior consultation.
In cases of severe breaches of the provisions as contained in these
Terms & Conditions your Vehicle Listing may be removed and your
Account may be suspended or terminated. You will be informed of the
reasons for any such alterations or removals.
6.4 In order to post an Vehicle Listing, you are required to submit certain
personal details and/or business details. By continuing to use this Website
you represent and warrant that:
6.5
If you decide to not take part in the consignment meeting as agrranged on the
day of consignment review, then the consignment will cease at the point and you
will be liable for any costs incurred, i.e. the Consigner’s time charged at the
equivalent of £100 p/h for all travel time (to and from the location) and time
spent at the location. This will be invoiced to you by Frontline Ready
and payment is due within 14 days.
6.6 It is your responsibility to make sure there is no personally identifiable
information in the vicinity of where the consignment visit will take place,
e.g. road signs / house name or number or anything else that will identify your
address. If there are signs or any other medium that will compromise your
personal information / location then it is your responsibility to make sure
they are removed or covered up during our visit. We cover the consigned
vehicle’s registration number with our own logo plates if requested to protect
the identity of the consigned vehicle only, i.e. so it can’t be copied and used
fraudulently on a similar vehicle. We do not cover any other number plates for
other cars you may own that could be captured in the background of the images /
videos – this is your responsibility to either move the vehicles or cover up
the number plates if you wish to do so.
6.7 Adjusted Commission Sales – we work with you, the Private Seller / Trade
Seller, to agree and set a realistic Reserve value in line with market pricing
– we don’t take on vehicles with unrealistic pricing. If, however, an auction
is close to meeting the Reserve then we may, at our discretion and in the
interest of a successful sale, reduce the Reserve price lower than that agreed
with you. However, the adjustment will take into account the amount of
commission due to make sure you get at least the agreed reserve back. For
example, if the original reserve is say £50,000 and we reduce it to £49,800,
then £200 of our Buyer’s Premium will be paid to you, the Private Seller /
Trade Seller, to make up the deficit against the agreed reserve. This will
bring you back to receiving the same minimum amount that was agreed during the
Valuation process.
7. Bidder / Buyer Rules
7.1
We will not be liable in any way or under any circumstances for any loss or
damage that you may incur as a result of such Vehicle Listings, nor for any
errors or omissions in Vehicle Listings. Use of and reliance upon Vehicle
Listings is entirely at your own risk.
7.2 Bidders may Bid on any Item / Vehicle at any time during an
Auction if they have successfully stored and validated their own credit card
and have sufficient credit limit to cover the cost of the Buyer Premium – bids
are always made in the currency of the vehicles origin. Example if the vehicle
is based in the UK it will be GBP or if the vehicle is from the UAE it will be
in Emirati Dirham. We are a UK, Swiss, UAE and Malaysia operating service to
cover the United Kingdom, Europe, Middle East and Asia however we will convert
to vehicles country and sale local, however this may show an exchange rate difference
that fluctuates as our system utilises XE services for the conversion which
Frontline Ready cannot guarantee the accuracy. If an Auction Listing is displayed
to a Bidder in any other currency apart from that in which the vehicle resides
then they must contact Us first before placing their Bid – it’s likely their
Internet browser is changing the currency prefix due to their own preferences,
or running a browser plugin that is changing the prefix – this is not a valid
reason for requesting a cancellation or amendment of a Bid/s.
7.3 A bid is generally an irrevocable offer made by a Bidder to a Private
Seller / Trade Seller to buy the listed Item / Vehicle.
7.4 Bids (including winning bids) may be cancelled or retracted in limited and
exceptional circumstances: these are at the sole discretion of Front Line Ready.
However, bids will not be cancelled or retracted if the Bidder has bid in
error, or not read or understood the Bidding rules that are outlined in these
Terms and Conditions and summerised on the Bidding panel from which they
confirmed their Bid, e.g. ‘Bidding automatically advances to the Your Bid
value’, i.e. there is no automated incremental bidding functionality – see
Section 7.20 Unrestricted Bidding.
7.5 Bidders are responsible for ensuring that they have sufficient funds
available to cover their Bid(s) and Buyer Premium – Bidders can
not and must not bid on behalf of any third party.
7.6 Bidders and Buyers are required to conduct their own research and due
diligence before placing a Bid on an Item / Vehicle or purchasing a Vehicle.
All vehicles, no matter what the sale type, are sold on an “as is” basis. Any
description or expression of manufacturers, models, variants, special editions,
authenticity and vehicle condition, e.g. bodywork, electrics or mechanics by Frontline Ready or the Private Seller / Trade Seller should be validated by the
prospective Bidder / Buyer, or via an independent inspection. No warranties are
given or implied whatsoever. Frontline Ready representatives are not qualified
vehicle inspectors. Also, as per Section 6.1 it is the Seller’s responsibility
to disclose any outstanding finance or previously recorded accident history to Frontline Ready. All Vehicles are free from finance and previously recorded accident
history unless otherwise stated on the Vehicle Listing. Frontline Ready may
action their own HPi and accident checks, if that is actioned then details will
be included on the Vehicle Listing. If a Buyer later finds out the vehicle does
have outstanding finance, or has previously recorded accident history, then it
is the responsibility of the Buyer to seek resolution / compensation from the
Seller; Frontline Ready have no responsibility unless it was stated on the
Vehicle Listing the car was free from outstanding finance, or previously
recorded accident history and it was not. The Buyer Premium is non-refundable
under any circumstance.
7.7 When a Bidder places a Bid on a Vehicle at Auction that is the highest Bid
at the end of an Auction, and is on or above the Seller’s reserve price, then
this Bid shall be deemed to have been accepted by the Seller, known as the
Winning Bid and thus creating a legally binding contract between us, the Bidder
and the Private Seller or Trade Seller under which the Bidder is obliged to
complete on the sale of the Vehicle (within 7 days from the date of Auction
close) at the price of their Winning Bid and pay the associated Buyer Premium
to us (within 24hrs of the Auction close) – the Private Seller / Trade Seller
is obliged to sell the Vehicle for the same.
7.8 All Buyers and Sellers shall be entitled to enforce the provisions of these
Terms & Conditions and may pursue independent legal remedies
against one another for non-performance of any of their respective obligations
hereunder.
7.9 Payment for an Item / Vehicle must be made by the method requested by
the Private Seller / Trade Seller within 7 days of the Auction close.
7.10 Sellers / Trade Sellers shall be under no obligation to release any
Vehicle to Buyers until they have received any and all sums due in cleared
funds. Private Sellers / Trade Sellers may release an Item /
Vehicle prior to receipt of monies due but do so entirely at their own
risk.
7.11 Legal title in and to an Item / Vehicle shall transfer
to the Buyer only upon receipt of any and all sums due to
the Private Seller / Trade Seller, notwithstanding early transfer of
possession.
7.12 Buyers may, in limited circumstances, have a legal right to return an
Item / Vehicle to a Private Seller / Trade Seller. No refunds will be made
to the Buyer by Frontline Ready for the Buyer Premium; unless for reasons as
contained in Section 12.2.
7.13 Distance Selling – you acknowledge that the Consumer Protection (Distance
Selling) Regulations 2000 do not apply to the sale of goods by Auction and thus
do not apply to this Website or any transactions completed through it. This is
because as a Buyer / Bidder you have the opportunity to visit the Vehicle prior
to purchase giving reasonable notice to do so, and completing the necessary ID
checks, i.e. proof-of-ID. Also, we aim to give Bidders / Buyers as much
information about the Vehicle as we can, e.g. via a significant number or
images and / or video footage. Our processes allows Bidders / Buyers to make an
informed decision on the Vehicle before deciding to place a Bid and
subsequently win the car at Auction – https://www.citizensadvice.org.uk/consumer/
7.14 Bidders agree to pay the Buyer Premium should their bid win
the Auction. This fee will be displayed at the time of bidding (labelled Frontline Ready Fee) and confirming a bid enters the bidder into this legal agreement.
We automatically charge the Buyer Premium to the stored payment
card at the end of the Auction. If this fails for whatever reason
then the Buyer must manually pay the outstanding Buyer Premium by
bank transfer to us within 24hrs of the Auction close. Bank details
will be supplied.
7.15 Buyers must not fail to pay for any Item / Vehicle purchased,
whether sold at a fixed price or Auction. This excludes where the Private
Seller / Trade Seller materially alters the terms of the sale after a Bidder
has Bid or agreed to purchase.
7.16 Buyers must not seek to avoid the payment of any Auction fees, e.g. the
Buyer’s Premium that is or will be owed to us, or manipulate the fee structure
or fee payment process in any way. For example, once a bid is placed by a
Bidder, then as per these terms set out herein, that bid is binding, and
subsequently when the live auction ends, and the reserve has also been met,
then the credit or debit card stored against the high Bidder will be charged
the Buyer’s Premium immediately. To prevent manipulation of this process,
Bidders are blocked from removing or updating their stored card in My Account
when they are currently the highest Bidder on a live auction. This update /
removal block is only released when the high Bidder is outbid.
7.17 Unless otherwise agreed, if we do not receive the Buyer Premium within 24
hour of the Auction close from the Bidder that placed the Winning Bid on a
Vehicle, or either notifies us at any time that they no longer wish to honour
their Auction Purchase, then this is considered a breach of contract. The
Private Seller / Trade Seller are then free to either keep the Vehicle, or sell
it to another party – and they not obligated to sell it to the Bidder that
placed the Winning Bid. However, the Bidder that placed the Winning Bid on the
Vehicle is still liable for the Buyer Premium and has 14 days to pay the monies
owed to us. If settlement of the debt is not received within 14 days then we
will instruct our debt recover service, currently Marks Recoveries & Legal
Services, to collect the amount owing plus any interest and/or late payment
charges. In such circumstances the Bidder that placed the Winning Bid will also
be liable to cover the costs of this collection method i.e. debt collection,
solicitor or court fees, our instructed party will add this sum to the
outstanding debt on our behalf.
7.18 Failure to pay any amount owed on time will result in late payment charges
which shall be calculated in accordance with The Late Payment of Commercial
Debts (Interest) Act 1998 (as amended) from the date the payment was originally
due until the date of actual payment.
7.19 We reserve the right to charge an administration fee for any late payment
notices which we send to you in the event of your late payment.
7.20 Unrestricted Bidding – our auction platform will allow the highest Bidder
on any Auction to bid again if they so wish. There is no system checking or
Bidder warning placed on this within the bidding process. It is up to the
Bidder and their own bidding strategy to decide on how much they want to bid
(over and above the £200 minimum increment level), when they want to bid during
the Auction live time frame, and if they want to bid again when already the
highest Bidder; even when the Reserve met status has been announced (see
section 7.22).
7.21 Reserve Announcements – please be aware that we may or may not disclose
when the reserve has been met – just like a traditional auction house. If we do
disclose when the reserve has been met then this will be shown on the listing,
for example, within comments section labelled ‘Ask Owner’. In the event of a
highest Bidder that bids again on an auction whereby the Reserve has been met
and announced by us, then they are still liable for the latest bid and
contractually bound if they subsequently win the Auction sale at that latest
and Winning Bid.
7.22 Trade Sales – we, Frontline Ready, Auction Vehicles that belong to both
Private Sellers and Trade Sellers. Buying from a Trade Seller through Frontline Ready is the same as buying through a Private Seller, and notification of the
sale type will be clearly visible on the Auction Listing. For Trade Sales,
Bidders and Buyers are still required to conduct their own research and due
diligence, as outlined in section 7.6 above, before placing a Bid on an Item /
Vehicle, or purchasing a Vehicle. All Vehicles, no matter what the sale type,
i.e. via Private Sellers or Trade Sellers, are sold on a “sold as seen” basis.
As a result there are no warranties given, or implied whatsoever, or any additional
cover on the Vehicle provided. As a reminder, the Buyer Premium is
non-refundable under any circumstance.
8. Sales Outside of Auction
8.1 Pre-Auction
Period (by this we refer to the time before the auction listing
becomes live – generally a 7 day period) – a Frontline Ready representative will broker any potential sale, and if successful then 5%
+VAT inc VAT of the agreed purchase price is due to be paid to Frontline Ready by
the Buyer; this must be paid in advance and received by Frontline Ready no later
than 48hrs after the Buyer completes the transaction with the Private Seller /
Trade Seller. An interested Buyer must first speak to a representative of
Frontline Ready before registering an account on Frontline Ready, store a valid
credit card. This is a fraud prevention measure to verify the legitimacy
of the Buyer before passing contact details to the Private Seller / Trade
Seller. A copy of the signed sales receipt by both
the Private Seller / Trade Seller and Buyer must
be sent electronically or posted to Frontline Ready business address giving
details of the vehicle (make / model / registration / VIN), the Buyer’s and
Seller’s / Trade Seller’s contact names and full addresses and the sale price –
this is required to check the 5% +VAT fee paid is correct. It is
important to note that Frontline Ready acts an intermediary to the sale and
offers no warranty and has no liability to either the Buyer, the Private Seller
/ Trade Seller or any agreements / contractuals between parties, e.g. the car
is ‘Sold as Seen’, the contract is between the Private Seller / Trade Seller
and Buyer and it is the Seller’s responsibility to ensure they are paid the
negotiated price for the vehicle by the Buyer. Sales of this nature, i.e.
outside of auction are covered by the full Terms and Conditions laid out
herein.
8.2 During Auction Period (by this we refer to the time
from when a listing becomes live until the auction subsequently closes –
generally a 7 day period) – under no circumstances should private
sales be requested or offered by any party during the auction period. We
take reasonable steps to monitor this process including but not limited to the
communications sent between buyers and sellers via our auction service.
8.3 Post Auction Close (by this we refer to the period
after the item sale is finalised) – under no circumstances should
private sales be requested by registered Users of our service (Accounts active
at anytime during the auction period) or their immediate families, networks and
affiliates to any Private Seller / Trade Seller directly against a vehicle that
was not sold due to not making the reserve price set. This clause
is effective for 8 weeks after the auction end date, however
the Private Seller / Trade Seller is free to sell to any other Buyer that has
not been sourced by us but only after the auction has closed. We
take reasonable steps to monitor this process including but not limited to the
communications sent between Buyers and Sellers / Trade Sellers via our
service. An interested Buyer must first speak to a representative of
Frontline Ready before registering an account on Frontline Ready, store a valid
credit card. This is a fraud prevention measure to verify the legitimacy
of the Buyer before passing contact details to the Private Seller / Trade
Seller. A Frontline Ready representative will then broker any
potential sale and if successful then 5% +VAT of the agreed purchase price
is due to be paid to Frontline Ready by the Buyer; this must be paid within 48hrs
of the Buyer completing the transaction with the Private Seller / Trade
Seller. A copy of the signed sales receipt by both
the Private Seller / Trade Seller and Buyer must
be sent electronically or posted to Frontline Ready business address giving
details of the vehicle (make / model / registration / VIN), the Buyer’s and
Seller’s / Trade Seller’s contact names and full addresses and the sale price –
this is required to check the 5% +VAT fee paid is correct. It is
important to note that Frontline Ready acts an intermediary to the sale and
offers no warranty and has no liability to either the Buyer, the Private Seller
/ Trade Seller or any agreements / contractuals between parties, e.g. the car
is ‘Sold as Seen’, the contract is between the Private Seller / Trade Seller
and Buyer and it is the Seller’s responsibility to ensure they are paid the
negotiated price for the vehicle by the Buyer. Sales of this nature, i.e.
outside of auction are covered by the full Terms and Conditions laid out
herein.
8.4 Negotiated Sales (by this we mean the advertised period
of time a vehicle is exclusively marketed by us – generally four weeks but is
set on a case-by-case basis)– under no circumstances should private
sales be requested by registered Users of our service (Accounts active at
anytime during the advertised period) or their immediate families, networks and
affiliates directly to any Private Seller / Trade Seller. This
clause is effective for 8 weeks after the advertised period, however
the Private Seller / Trade Seller is free to sell directly to any other Buyer
that has not been sourced by, us but only after the advertised period. We
take reasonable steps to monitor this process including but not limited to the
communications sent between Buyers and Sellers / Trade Sellers via our service. An
interested Buyer must first speak to a representative of Frontline Ready before
registering an account on Frontline Ready, store a valid credit card. This
is a fraud prevention measure to verify the legitimacy of the Buyer before
passing contact details to the Private Seller / Trade Seller. A Frontline Ready representative will then broker any potential sale and if successful
then 5% +VAT of the agreed purchase price is due to be paid to Frontline Ready by
the Buyer; this must be paid within 48hrs of the Buyer completing the
transaction with the Private Seller / Trade Seller. A copy of
the signed sales receipt by both the Private Seller /
Trade Seller and Buyer must be sent electronically or
posted to Frontline Ready business address giving details of the vehicle (make /
model / registration / VIN), the Buyer’s and Seller’s / Trade Seller’s contact
names and full addresses and the sale price – this is required to check the 5%
+VAT fee paid is correct. It is important to note that Frontline Ready acts
an intermediary to the sale and offers no warranty and has no liability to
either the Buyer, the Private Seller / Trade Seller or any agreements /
contractuals between parties, e.g. the car is ‘Sold as Seen’, the contract is
between the Private Seller / Trade Seller and Buyer and it is the Seller’s
responsibility to ensure they are paid the negotiated price for the vehicle by
the Buyer. Sales of this nature, i.e. outside of auction are covered by the
full Terms and Conditions laid out herein.
8.5 Breach of Agreement – if we ascertain reasonable evidence
that a breach to Section 8.1, Section 8.2 or Section
8.3 above then the Private Seller / Trade Seller will
be charged 5% +VAT of the agreed reserve price or of the final bid, whichever
is the greater sum. This is to cover our costs of consigning the vehicle
during the sale preparation process, which includes but is not limited to our
time invested to appraise the vehicle, consider its market position, cover any
travel and subsistence costs to view the vehicle and incurred marketing costs.
If we believe there has been a breach of this agreement, and
liability from the Private Seller / Trade Seller has not been disclosed, then
we will investigate and produce evidence for legal proceedings, for example to
supply directly to the small claims court; more details on this process can be
found on the UK
Government website.
9. Content Ownership
9.1
As a Private Seller / Trade Seller or User you retain all ownership rights to
content provided by you.
9.2 Any Private Seller / Trade Seller, User, Bidder or Buyer
submitting, posting or displaying your content on the website you agree to
grant a non-exclusive royalty-free licence to us to use, modify, publicly
perform, publicly display, reproduce and distribute such content on the
website. This allows us to place your content on the website and let all users,
whether registered or not to view your content. It also allows us to compress
or alter the size of any files you may post to ensure that they can be readily
displayed for other users.
9.3 This licence is also royalty-free, which means that the content is provided
free of charge to us and we will not pay for the content or account for any
advertising revenue generated on the website or on any specific content pages.
9.4 This licence also applies worldwide because the website can be accessed
from anywhere in the world, at any time.
9.5 Also as part of the licence you warrant that any content provided by you
does not belong to a third party whose rights have been violated by the content
being posted on to the website. Furthermore if any content is owned by a third
party you agree to pay all royalties and damages owed to that party, without
seeking any contribution from us.
9.6 Images and videos taken by a Frontline Ready representative of the vehicle
can be used for any publication or advertising purposes and remains the
property of Front Line Ready. They are subject to royalty-free worldwide
licence.
10. Copyrighted Material
10.1
We do not condone or encourage in any way the posting of copyrighted or
proprietary content or information by any users who are not the legal owners of
such content.
10.2 Where notified of such breaches by the owner of such content we will
remove the content from the website as soon as practical. But only where
we can reasonably ascertain the true owner of such content.
10.3 If as the owner of such content you believe that your rights have been
infringed you should contact us as soon as possible and provide all relevant
information in writing.
11. Content Monitoring
11.1 Users can freely add content to the website. We do not monitor or assume any responsibility for content posted to the website. If at any time we decide to monitor the website on any occasion it does not mean that we assume any future responsibility for monitoring the website, removing any content or the conduct of any users.
12. Fees and Commissions
12.1 Buyer Premium (Frontline Ready Fee) fee structure is a follows:
12.2
On Auction sales the 5% +VAT Buyer Premium fee must be paid in GBP
Sterling (£) and is non-refundable. The only exception to this
policy is if the vehicle is subject to an act-of-god event,
i.e. suffers damage caused by an unavoidable incident e.g. flood / tree damage
/ fire etc. Or the Item / Vehicle suffers a road traffic
accident after the Auction closes and before the Buyer transfers the full
monies due and collects the vehicle. In both of these exceptional
circumstances the full 5% +VAT Buyer Premium will be refunded to the Buyer and
contract cancelled. Proof of these events will be required from the
Private Seller / Trade Seller together with supporting photographs and a Police
reference number.
12.3 On Pre-Auction or Post Auction sales (Section 8.1), i.e.
negotiated sales by a Frontline Ready representative then the 5% +VAT Buyer
Premium fee must be paid in GBP Sterling (£), however it is refundable if
either the Buyer or the Private Seller / Trade Seller decides to not continue
with the sale. Frontline Ready will require written communication from both the
Private Seller / Trade Seller and Buyer confirming the sale is cancelled.
Once confirmation has been received then Frontline Ready will refund the Buyer’s
Premium within 48hrs. Sales of this nature, i.e. outside of auction
are covered by the full Terms and Conditions laid out herein.
12.4 Seller’s fee structure is a follows:
12.5
You are responsible for paying all such fees. Failure to pay fees due may mean
that we seek to collect fees owed by other means, including (but not limited
to) invoicing, use of collection agencies and legal action where we deem it
appropriate.
12.6 We reserve the right to change both fees and fee structures on giving you
30 days notice of any such change.
12.7 In the spirit of transparency all sold vehicles will be published on the
Website and any request by any party e.g. a Bidder, Buyer, Trade Seller,
Private Seller or any other person to remove or hide a sold vehicle for
whatever reason from the sold page, or any other area of the Website or
external promotional material e.g. marketing advertisements, will be denied.
Also any request by any party, e.g. a Bidder, Buyer, Trade Seller, Private
Seller or any other person to remove or modify the sold price that is publicly
shown on the listing or any other external material, digital, print or
otherwise, will also be denied.
12.8 We can at any time, and at our sole discretion, manually request an
authorisation via our payment provider against a stored payment card to the
Buyer Premium value associated to a maximum Bid, that a Bidder has placed on
any currently live Auction. For example, we may exercise this right if the
stored card has failed authorisation in the past, or We suspect it will fail in
the future, or for any reason. This authorisation may show on the Bidder’s
payment card statement as an authorisation, and it may, depending on the
payment card providers own terms and conditions, utilise a proportion of the
credit limit on the account until the authorisation is released.
12.9 Consignment Fee – this may also be referred to as the Photography Fee, and
is due payable to Us by a Seller upon agreement to the the Consignment Visit.
The Seller must pay this fee in full, and be received by Us, not less than 24
hours prior to the Consignment Visit. If in the event the Seller requests a
cancellation of the Consignment Visit greater than 24 hours from the visit date
/ time then We will refund the fee if so requested by the Seller, e.g. the
Seller no longer wishes their Vehicle to be Auctioned by Us. However, if the
requested cancellation is received less that 24 hours from the Consignment Visit
date / time, then this payment is deemed non-refundable, and if requested by
the Seller to re-book the Consignment Visit for a future date / time, then the
Seller must pay this fee a second time, and prior to the Consignment Visit
being confirmed.
13. Tax
13.1
You are responsible for paying all taxes incurred from using this website and
generating profits from such use.
13.2 We will cooperate fully when requested with all government agencies and
bodies responsible for assessing and collecting such taxes.
13.3 The Frontline Ready Fee (Buyer Premium) is inclusive of 20% VAT.
14. Suspension Termination or Downgrading
14.1
We may suspend or terminate your user account including all content
and materials associated with it at any time where these Terms & Conditions
have been breached. Such suspension or termination can be with or without
notice. As a user you can choose to suspend or terminate your account at any
time and are free to remove any content you have created on termination.
14.2 It is our sole decision whether to suspend or terminate any user account.
In the case of suspension it is also our sole decision as to when (or if at
all) a suspended account will be reactivated. For example, we may also suspend
or terminate any user account that we believe is liked to, by means of any
relationship, to a user that is currently suspended or has been terminated.
14.3 Various clauses within these Terms & Conditions are designed to
survive and continue after suspension or termination.
14.4 Where we operate a voting, points or any other form of reputation system
we can at our sole discretion and with or without notice remove votes, points
or otherwise downgrade your reputation where these
Terms & Conditions or any other rules we operate on the Website from
time to time have been breached.
15. Access
15.1
We take all reasonable steps to ensure that the Website is available
and functioning fully at all times. However, in the event
the Website is unavailable or functioning incorrectly either wholly
or partly we shall offer (where possible) the opportunity of repeat performance
of the service we should have offered to you in the first place – this may
include re-running Auctions or re-opening bidding where appropriate and
practical. Where this is not possible we will offer full or part-refunds
subject to clause 15.2 below.
15.2 Refunds will not be offered where a third-party provider who supplies a
service to you, rather than us causes the issue.
15.3 The Service is provided “as is” and on an “as available” basis. We
give no warranty that the Service will be free of defects and / or faults.
To the maximum extent permitted by the law we provide no warranties
(express or implied) of fitness for a particular purpose, accuracy of
information, compatibility and satisfactory quality.
15.4 We accept no liability for any disruption or non-availability of the
Website resulting from external causes including, but not limited to, ISP
equipment failure, host equipment failure, communications network failure,
power failure, natural events, acts of war or legal restrictions and
censorship.
15.5 We reserves the right to alter, suspend or discontinue
any part (or the whole of) the Website including, but not limited to, the
products and/or services available. These Terms & Conditions
shall continue to apply to any modified version of the Website unless it is
expressly stated otherwise.
16. Disclaimer
16.1
We make no warranty or representation that the Website will meet your
requirements, that it will be of satisfactory quality, that it will be fit for
a particular purpose, that it will not infringe the rights of third parties,
that it will be compatible with all systems, or that it will be secure.
16.2 Save for the screening and approval of Vehicle Listings, we have
neither control over, nor involvement in, any vehicles or services
advertised on the Website and accepts no responsibility for any actions taken,
or any vehicles or services provided, by any Sellers / Trade Sellers.
Specifically, you acknowledge that:
16.3
Whilst every reasonable endeavour has been made to ensure that all information
provided on this Website will be accurate and up to date, we make no warranty
or representation that this is the case. We make no guarantee of any
specific results from the use of our services.
16.4 No part of this Website is intended to constitute advice and
the content of this Website should not be relied upon when making any
decisions or taking any action of any kind.
16.5 We make no representation or warranty that any part of this Website is
suitable for use in commercial situations or that it constitutes accurate data
and / or advice on which business decisions can be based.
16.6 Whilst every effort has been made to ensure that all descriptions of
services available from Frontline Ready correspond to the actual services
available, we are not responsible for any variations from these descriptions.
16.7 Whilst we use reasonable endeavours to ensure that the Website is secure
and free of errors, viruses and other malware, all Users are advised to take
responsibility for their own security, that of their personal details and their
computers.
17. Limitation of Liability
17.1
Nothing in these Terms & Conditions excludes our liability for death, personal
injury or fraudulent misrepresentation due to the negligence of us, our
employees, officers or third party partners.
17.2 We shall not be liable for any indirect, consequential, exemplary,
incidental, special or punitive damages, including loss of profit.
17.3 We do not directly monitor advertisements, listings or transactions;
therefore we cannot guarantee the following:
17.4 In any event our liability and that of our employees, officers and third party partners shall be limited in any 12 month period to the total Website fees incurred by you in relation to the matter subject to the liability or to a payment of £100, whichever is the greater sum.
18. Indemnity
18.1 You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third party arising from your breach of these Terms & Conditions whilst using the website or any other service provided by us.
At Frontline Ready, we want to give you the best possible experience to ensure that you enjoy our Service today, tomorrow, and in the future. Your privacy and the security of your Personal Data is, and will always be, enormously important to us. Below, our aim is to transparently explain how and why we gather, store, share and use your Personal Data – as well as outline the controls and choices you have around when and how you choose to share your Personal Data.
19.1 About this Policy
This Policy sets out the essential details relating to your Personal Data relationship with Front Line Ready. The Policy applies to all Services and any associated Services that Frontline Ready provides. From time to time, we may develop new or offer additional Services. If the introduction of these new or additional Services results in any change to the way we collect or process your Personal Data we will provide you with more information and additional terms or Policies. Unless stated otherwise when we introduce these new or additional Services, they will be subject to this Policy.
19.2 Use of our Website
Use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms & Conditions by this reference.
19.3 GDPR – your rights and your preferences – giving you choice and control
You may be aware that a new European Union law, called the General Data Protection Regulation or ‘GDPR’ gives certain rights to individuals in relation to their Personal Data. As available and except as limited under applicable law, the rights afforded to individuals are:
In order to enable you to exercise these rights with ease and to record your preferences in relation to how Frontline Ready uses your Personal Data, you can contact us at privacy@frontlinereadyrtx.com
If you are receiving communications and / or notifications from us via email or via your web browser or any other digital process, then you can easily manage your access to this information by using the respective unsubscribe mechanism that is readily available with each communication.
19.4 General Use of Personal Information
We use information submitted to provide you with further information about the products / Services we offer or to assist you in answering any questions or queries you may have submitted. This includes using your Personal Data to subscribe you to our weekly Buyer Notification email but only if this was made clear to you and your express permission was granted when submitting any form to email process.
19.5 How do we collect your Personal Data?
We use different methods to collect data from and about you, and these have been detailed below.
Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms, or by corresponding with us by phone, in person, email or through Live Chat or any Social Media or digital channel.
This includes Personal Data you provide when you:
As you interact with us via the Frontline Ready Website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We may also collect Tracking Data when you use our Website, or when you click on one of our adverts (including those shown on third party websites).
We may receive Personal Data about you from various types of third parties, including:
19.6 What Personal Data do we collect from you?
19.7 What do we use your Personal Data for?
We use your Personal Data for a variety of reasons, as listed below;
By completing a request for a valuation we will also add you to our weekly email update – this is relevant to you as it shows market valuations of vehicles and other information that could be useful for you when considering to sell your vehicle. You can unsubscribe at any time.
We review our retention periods for personal information on a regular basis. We are legally required to hold some types of information to fulfil our statutory obligations (for example for the purposes of financial records). We will hold your Personal Information on our systems for as long as is necessary for the relevant activity, or as long as is set out in any relevant contract you hold with us.
19.8 Sharing your Personal Data
We will not sell or rent your information to third parties.
We may share your Personal Data with the parties set out below for the purposes set out in this Privacy Policy. We may also share your Personal Data if the law otherwise allows it.
We may share Personal Data with the following categories of third parties:
We share Personal Data with the following specific third parties for the following purposes:
Performance
These cookies allow us to use anonymised data to monitor how visitors use our
website so that we can develop our website and improve visitor experience.
Functionality
These cookies allow certain features of the website to operate, such as live
chat, account management and commenting functionality.
Interest-based
advertising
These cookies allow third parties to identify what you might find interesting,
allowing a more personalised and relevant selection of advertisements when
using their services.
We require all third parties to respect the security of your Personal Data and to treat it in accordance with the law. We do not allow our third-party service providers to use your Personal Data for their own purposes and only permit them to process your Personal Data for specified purposes and in accordance with our instructions.
19.9 Data retention and deletion
We
will only keep your Personal Data for as long as necessary to fulfil the
purposes we collected it for, including for the purposes of satisfying any
legal, accounting, or reporting requirements.
To determine the appropriate retention period for Personal Data, we consider
the amount, nature, and sensitivity of the Personal Data, the potential risk of
harm from unauthorised use or disclosure of your Personal Data, the purposes
for which we process your Personal Data and whether we can achieve those
purposes through other means, and the applicable legal requirements.
By law we have to keep basic information about our customers (including
Contact, Identity, Financial and Transaction Data) for six years after they
stop being customers for tax purposes.
19.10 Transfer to other countries
As part of the Services offered to you through this Website, the information
which you provide to us may be transferred to countries outside the European
Union (“EU”). By way of example, this may happen if any of our servers are from
time to time located in a country outside of the EU. These countries may not
have similar data protection laws to the UK. By submitting your Personal Data,
you’re agreeing to this transfer, storing or processing. If we transfer your
information outside of the EU in this way, we will take steps to ensure that
appropriate security measures are taken with the aim of ensuring that your
privacy rights continue to be protected as outlined in this Policy.
If you use our Services while you are outside the EU, your information may be transferred outside the EU in order to provide you with those services.
19.11 Links
Our website may contain links to other websites run by other organisations.
This Privacy Policy applies only to our Website‚ so we encourage you to read
the privacy statements on the other websites you visit. We cannot be
responsible for the privacy Policies and practices of other sites even if you
access them using links from our Website.
In addition, if you linked to our Website from a third party site, we cannot be responsible for the Privacy Policies and practices of the owners and operators of that third party site and recommend that you check the policy of that third party site.
19.12 Keeping your Personal Data safe
We have put in place appropriate security measures to prevent your Personal
Data from being accidentally lost, used or accessed in an unauthorised way,
altered or disclosed. In addition, we limit access to your Personal Data to
those employees, agents, contractors and other third parties who have a
business need to know. They will only process your Personal Data on our
instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
19.13 Children
We are concerned to protect the privacy of children aged 16 or under. If you
are aged 16 or under‚ please get your parent/guardian’s permission beforehand
whenever you provide us with personal information.
19.14 Contacting our Website
Users contacting this Website and/or its owners do so at their own discretion and provide any such Personal Data requested at their own risk. Your Personal Information is kept private and stored securely until a time it is no longer required or has no use, as detailed in the Data Protection Act 1998.
19.15 Weekly Buyer Notification communication
We
operate a weekly Buyer Notification email communication, this is a key part of
our Service and used to inform our subscribers about Auctions and Services
supplied by us. Users subscribe when creating and Account through our online
automated process. Users can also subscribe to the Buyer Notification without
having an Account and they can request it by directly contacting us by email,
telephone or face-to-face, or by completing the sign-up prompts on our
Website. Some subscriptions may be manually processed through prior
written agreement with the User.
Subscriptions are taken in compliance with UK Spam Laws detailed in the Privacy
and Electronic Communications Regulations 2003. All personal Data relating to
subscriptions are held securely and in accordance with the Data Protection Act
1998. No Personal Data is passed on to third parties (except our email service
provider currently Mailchimp) nor shared with companies / people outside of the
company that operates this Website. Under the Data Protection Act 1998 you may
request a copy of Personal Information held about you. A small fee will be
payable. If you would like a copy of the information held on you please write
to the business address at the bottom of this Policy.
Our Buyer Notification email campaign may contain tracking facilities within
the actual email. Subscriber activity is tracked and stored in a database for
future analysis and evaluation. Such tracked activity may include; the opening
of emails, forwarding of emails, the clicking of links within the email
content, times, dates and frequency of activity [this is by no far a
comprehensive list]. This information is used to refine future email
campaigns and supply the user with more relevant content based around their
activity.
In compliance with UK Spam Laws and the Privacy and Electronic Communications
Regulations 2003 Buyer Notification subscribers are given the opportunity to
un-subscribe at any time through an automated system. This process is detailed
at the footer of each email campaign. If an automated un-subscription system is
unavailable clear instructions on how to un-subscribe will by detailed instead.
19.16 Advertising on our Website
We may contain sponsored links and adverts. These will typically be served through our advertising partners, to whom may have detailed privacy Policies relating directly to the adverts they serve. Clicking on any such adverts will send you to the advertisers website through a referral program which may use cookies and will track the number of referrals sent from this website. This may include the use of cookies which may in turn be saved on your computers hard drive. Users should therefore note they click on sponsored external links at their own risk and this website and its owners cannot be held liable for any damages or implications caused by visiting any external links mentioned.
19.17 Social Media
Users are advised to use Social Media platforms wisely and communicate / engage upon them with due care and caution in regard to their own privacy and Personal Data. We will never ask for personal or sensitive information through Social Media platforms and encourage users wishing to discuss sensitive details to contact them through primary communication channels such as by telephone or email.
19.18 Social Sharing
We
may use social sharing buttons which help share web content directly from web
pages to the Social Media platform in question. Users are advised before using
such social sharing buttons that they do so at their own discretion and note
that the social media platform may track and save your request to share a web
page respectively through your social media platform account.
Our Social Media platform accounts may share web links to relevant web pages.
By default some Social Media platforms shorten lengthy URLs [web addresses]
(this is an example: http://bit.ly/zyVUBo). Users are advised to take
caution and good judgement before clicking any shortened URLs published on
Social Media platforms by this Website and its owners. Despite the best efforts
to ensure only genuine URLs are published many Social Media platforms are prone
to spam and hacking and therefore this Website and its owners cannot be held
liable for any damages or implications caused by visiting any shortened links.
19.19 Buyer Network
You may seek approval, or if we think it is relevant to you, we may ask if you want to be added to our Buyer Network. This is a list of individuals or companies that have given us written or verbal consent to be contacted via their Contact Data when a Vehicle matching their preference is consigned by us, in order to offer the Vehicle for a Negotiated Sale.
19.20 Changes to this Privacy Policy
We may make changes to this policy from time to time, and in accordance to the latest guidance from the ICO around GDPR. Our current Privacy Policy was updated on the 7th January 2020.
20. No Agency
20.1 Nothing in this agreement is intended to or implies any agency, partnership, joint venture, employee/employer relationship or any other similar relationship.
21. Severability
21.1 The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
22. Waiver
22.2 Failure by us to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
23. Entire Terms & Conditions
23.1 These Terms & Conditions set out the entire agreement and understanding between you and us. We reserve the right to change these Terms & Conditions at any time, on giving reasonable prior notice to you.
24. The Consumer Rights Act 2015
24.1 These Terms & Conditions are specifically written in accordance with the Consumer Rights Act 2015. Should these Terms & Conditions conflict with the Act, the Consumer Rights Act 2015 shall prevail and apply.
25. Jurisdiction
25.1 These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts. Your statutory rights are unaffected.
26. Communications
26.1
All notices / communications shall be given to us either by post to our
Premises or email. Such notice will be deemed received 3 days after posting if
sent by first class post, the day of sending if the email is received in full
on a business day and on the next business day if the email is sent on a
weekend or public holiday.
26.2 We may from time to time send you information about our products and/or
services. You will be given the option to unsubscribe.
27. Dispute Resolution
27.1
Any and all disputes between Bidders, Buyers and Private Sellers / Trade
Sellers must be notified to us as soon as possible using the contact details
set out below in these Terms & Conditions.
27.2 The initial communication must set out the nature of the dispute in as
much detail as is reasonably possible.
27.3 We will use reasonable endeavours to resolve any and all disputes within 7
days. In the event that a dispute is not resolved within that time,
either party to the dispute or we may request a meeting of all parties
concerned in order to resolve the dispute.
27.4 Where any dispute continues unresolved the parties to the dispute are free
to use any lawful methods they deem appropriate in order to reach a resolution
including, but not limited to, seeking independent legal advice.
28. Article Publication Liability
28.1 From time to time we publish informative articles on the Site and take great care to make sure any statements are factually correct at the time of publication, however this can’t be guaranteed. Any statements, views or advice expressed in the articles are not the direct opinion of Front Line Ready. Frontline Ready is not liable for any outcome whatsoever from a User following such advice and Users are strongly advised to seek independent advice, or contact the relevant authorities directly. In summary, Frontline Ready and its editorial team are not liable for any action taken by a User based on the publication of any Content published on the Site.
29. Vehicle History and Outstanding Finance
29.1 General –
it is the Seller’s / Trade Seller’s responsibility to disclose to us, for
inclusion in the auction listing, any known history items including and not
limited to; outstanding finance and stolen / accident recorded history.
Failure to disclose this information will result in non-acceptance of
Vehicle consignment, or removal of Vehicle consignment if a later check is
actioned by a Bidder / Buyer and successfully validated by us. In the
latter case, i.e. the Auction is active and removed, then the Private Seller /
Trade Seller will be charged 5% +VAT of the agreed reserve price or of the
final bid, whichever is the greater sum. This is to cover our costs of
consigning the vehicle during the auction preparation process, which includes
but is not limited to our time invested to appraise the vehicle, consider its
market position, cover any travel and subsistence costs to view the vehicle and
incurred marketing costs.
29.2 Outstanding Finance – it is illegal to advertise a
Vehicle for Auction without disclosing any outstanding finance agreement or
loan assigned. If in the event the Vehicle is consigned with outstanding
finance assigned, then this will be clearly mentioned in the Vehicle Listing.
It is the Buyer’s and Seller’s / Trade Seller’s responsibility to manage
the completion of the transaction in line with English law, for example, the
Private Seller / Trade Seller must inform the finance company of notice to sell
the Vehicle, request a settlement figure from the finance company and subsequently
settle all outstanding finance before accepting any monies from the Buyer.
29.3 Private Seller / Trade Seller Compliance – it is the
Private Seller / Trade Seller’s responsibility to settle all outstanding
finance on the Vehicle before the Buyer transfers any funds, partial or full,
against the final winning bid value. If the Private Seller / Trade Seller
defaults on this obligation, i.e. all outstanding finance is not cleared within
7 days of the auction close, then the Buyer has the right to cancel the
contract and is not bound to complete the transaction. Frontline Ready
will, in this case, refund the Buyer the Frontline Ready Fee in full within 7
days of notice. The Private Seller / Trade Seller will be charged 5% +VAT
of the agreed reserve price or of the final bid, whichever is the greater sum.
This is to cover our costs of consigning the vehicle during the auction
preparation process, which includes but is not limited to our time invested to
appraise the vehicle, consider its market position, cover any travel and
subsistence costs to view the vehicle and incurred marketing costs.
Due
to the exceptional circumstances of the COVID-19 pandemic, it may not been
possible to follow our usual Consignment Visit process that takes place at a
Seller’s / Trade Seller’s location. However, in line with all relevant Government
SOP’s we will visit and follow all guidelines including all staff to show proof
of being fully vaccinated including booster shots and will wear appropriate
PPE.
The aim of this section is to ensure that the operation of Consignment Visits
during COVID-19 reflects the unprecedented nature of the pandemic, and protects
all parties by being clear on their individual responsibilities and liabilities
together with links to Government websites where guidance / associated laws are
published and must be adhered to.
Importantly, if a Private Seller / Trade Seller or Consigner has shown any
symptoms of COVID-19 and / or any person at their home address where they are
living, then it is their responsibility to ‘self isolate’ within published
Government guidelines and they must not agree to / or take part in any
Consignment Visit when they should be in isolation. For total clarity, Sellers
/ Trade Sellers and Consigners must not agree to / or take part in any
Consignment Visit if Government guidelines state they should be in ‘self
isolation’ due to either showing signs of COVID-19 symptoms within the
prescribed number of days, or be on an ‘at risk’ group, or suffer from any relevant
underlying health conditions, or for any other reasons as stated within the
Government guidelines.
30.1 Consignment Visit Process
The following summary is temporary guidance for use within the Consignment Visit, and it will be regularly reviewed during the COVID-19 emergency period and updated here.
Our
own guidance measures above remain in place until such time as the World Health
Organisation declares the pandemic over, or publishes supplementary information
that is deemed relevant.
30.2 Liability Acceptance – Private Seller / Trade Seller
By
a Private Seller / Trade Seller accepting their vehicle into the Consignment
Visit process they agree to abide by the terms laid out here, and ensure they
act within all guidance published by the World Health Organisation and any
additional local laws specific to their own country or any other country where
the Consignment Visit is actioned. It is up to the Private Seller / Trade
Seller to ensure they keep up-to-date on COVID-19 guidance and associated laws
by any means suited to them.
30.3 Liability Acceptance – Consigner
By
a Consigner accepting to action a Consignment Visit they agree to abide by the
terms laid out here, and ensure they act within all guidance published by the
World Health Organisation and any additional laws specific to their own country
or any other country where the Consignment Visit is actioned.
30.4 Liability Acceptance – Frontline Ready
The
measures published in the Consignment Visit Process section above are purely
for guidance purposes as all liability is with the Consigner and Private Seller
/ Trade Seller as laid out within these terms and conditions to ensure they
operate within all guidance published by the UK Government, European Union, UAE
Government, Swiss Government and / or any other regulatory authority, and / or
any country within the UK, Europe, UAE, Saudi Arabian, Bahrain, Qatar, Oman,
Switzerland where the Consignment Visit is actioned.
The Private Seller / Trade Seller and Consigner agree to a Consignment Visit at
their own risk, i.e. Frontline Ready has no liability to either party should any
injury or death occur from any act deemed to have taken place during a
Consignment Visit or the travel to and from.
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