Terms of sale

1. About us and these terms

Heritage Cars is a trading name of HERITAGE CARS SPORTS AND PRESTIGE LIMITED, a company registered in England and Wales with company number 17522939, registered office Waltham House, Riverview Road, Beverley, England, HU17 8DY. In these terms "we", "us" and "our" mean that company, and "you" means the person or business using the site.

These terms, together with our auction rules, fees and privacy policy, form the contract between you and us. Contact us at [email protected].

2. Your account

• You must be 18 or over, live in the UK and give accurate details. Registering, watching cars and saving searches are free.
• Keep your password secure. You are responsible for bids and offers made from your account.
• We may ask you to verify your identity, and may restrict or suspend bidding where we reasonably suspect fraud, non-payment or misuse. We will tell you why unless the law or a fraud investigation prevents it.
• You can close your account at any time by emailing us. Records of completed sales are kept as described in our privacy policy.

3. How vehicles are described

Each vehicle is sold on its listing: the photographs, the condition report, the check results and the documents shown on the lot page. Together these are the description of the vehicle, so please read them before you bid.

• Every condition report states its source. A report compiled from the seller's advert and official DVLA and DVSA records is not a physical inspection. Only lots carrying the Heritage Inspection seal have been physically inspected.
• A check is shown as complete only when it has actually been carried out for that vehicle. Checks that are not complete are shown as not complete.
• Used vehicles show wear consistent with their age and mileage. A report describes the vehicle on the date it was prepared and is not a guarantee of future condition.
• Mileage is recorded as shown on the odometer and checked against available records. Any discrepancy we know about is disclosed on the listing.
• Pre-auction viewings and test drives are not available unless the listing says otherwise. Questions about a vehicle are welcome before you bid.

4. Bids and contracts

• A bid, a Buy It Now purchase or an accepted offer is a binding offer to buy the vehicle on these terms. The auction rules explain how bidding works.
• The contract is formed when we confirm the sale to you by email and issue your invoice.
• If the reserve is not met we do not have to sell, though we may offer the vehicle to the highest bidder at their bid.
• If a listing contains an obvious error in price or description, we may cancel the sale. Any money you have paid is refunded in full.

5. Price, fees and payment

• The total price is the hammer price, plus our buyer's premium (5% of the hammer price, minimum £250, unless the lot shows a different rate), plus VAT on our fees where it applies, plus any delivery you book. The breakdown is shown on the lot before you bid and again on your invoice. See fees.
• Any VAT due on the vehicle or on our fees is shown on the lot and on your invoice.
• For a car won at auction (including Buy It Now and an offer accepted after the auction), pay the invoice in full within 10 minutes of it being issued, by instant pay by bank started from the invoice in your account. For a car bought from our stock, pay within 24 hours. We never ask for card or bank details by phone or email, and we do not accept cash.
• A car won at auction goes to the first bidder who pays. If the invoice is not paid in full in time, the sale is cancelled and we may offer the car to the next-highest bidder at their own highest bid, who then has 10 minutes to pay, and so on. A bidder offered the car this way is under no obligation: it becomes a binding purchase only when they press Pay now, and if they do not pay in time the sale is cancelled in the same way. No fee is charged for missing the time to pay, and money that reaches us after the car has gone to someone else is returned in full.
• Where a lot shows a bidding fee, it is refundable and is deducted from your invoice if you win.
• Ownership passes to you when we receive your payment in full. Risk passes to you on collection or delivery.
• If you do not pay a stock purchase on time we may cancel the sale, offer the vehicle to another buyer, recover our reasonable losses and costs, and suspend your account. If the vehicle is still available we may reissue the invoice with a £100 late payment fee. If you repeatedly do not pay for cars you win at auction, we may suspend your account from bidding.

6. Collection and delivery

• Viewing and collection are by appointment only, booked once your payment has been received. The vehicle, keys and documents are released at that appointment.
• Bring photo ID that matches your account. If someone else will collect for you, tell us when you book; they must bring their own photo ID.
• Please collect within 7 days of paying. After that, storage charges may apply; we will tell you the rate before any charge is made.
• Delivery to mainland UK addresses can be booked for a quoted price. Delivery dates are estimates.
• Please check the vehicle at handover and tell us straight away if anything differs from the listing.

7. Your rights as a consumer

If you buy as a consumer, the Consumer Rights Act 2015 gives you the right to a vehicle that is as described, of satisfactory quality (taking into account its age, mileage and disclosed condition) and fit for purpose. If it is not, you may be entitled to a repair or replacement, to reject it within 30 days, or to a price reduction or refund. Nothing in these terms affects those rights.

Your right to cancel

Our auctions take place online only, so you cannot attend in person. If you buy as a consumer you may therefore cancel within 14 days of the day you receive the vehicle (at collection or delivery), without giving a reason.

• To cancel, email [email protected] with your name, the lot reference and a clear statement that you are cancelling.
• Return the vehicle with its keys and documents, in the condition you received it, within 14 days of telling us. We will agree the return arrangements with you; you pay the direct cost of returning it unless we agree otherwise.
• We refund the price, fees and standard delivery charge within 14 days of getting the vehicle back, to the account you paid from.
• We may reduce the refund for any loss in value caused by using the vehicle beyond what is needed to check it, for example mileage well beyond a short test drive.

8. Warranties

Where a listing says a warranty is included, the cover, limits and claims process are set out on the warranty document issued with your purchase. Any warranty is in addition to your legal rights and does not replace them.

9. Trade buyers

If you buy in the course of a business, the consumer rights in section 7 do not apply. To the extent the law allows, vehicles are sold as described in their listing, subject to any warranty issued with the vehicle. Trade buyers receive an itemised invoice, which shows our VAT number whenever VAT is charged.

10. Our responsibility to you

• Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot be limited by law.
• We are responsible for loss you suffer that is a foreseeable result of us breaking these terms. We are not responsible for loss that was not foreseeable.
• If you buy as a business, we are not liable for loss of profit, loss of business or indirect loss, and our total liability for a sale is limited to the price paid for that vehicle.

11. Complaints and law

Please contact us first at [email protected] with your lot or invoice reference. We aim to reply within one working day and to resolve complaints within 14 days.

These terms are governed by the law of England and Wales. If you live in Scotland or Northern Ireland you may also bring proceedings in your local courts.

12. Changes to these terms

We may update these terms, for example when the law or our services change. The version shown on the lot when you placed your bid or offer applies to that purchase.