Terms & Conditions of Use

1.    Introduction

This Terms and Conditions of Use (“Terms of Use”) govern all access and use of the website www.shootingbrake.com and all content and all services provided through the website ("Services") owned and operated by Shooting Brake Ltd, trading as Shootingbrake.com, company number 13108153 having its registered office at 15 reece mews, Kensington, London, SW7 3HE (“we”, “our”, “us” or “Shootingbrake.com”).

The terms “you” or “your” shall mean the User and in specific shall mean either the Buyer or Seller or both depending on the context of the provision herein.

You are advised to carefully read the Terms of Use. By using or accessing our website Services, you agree to this Terms of Use. The Terms of Use shall apply: a) when as a Buyer, you are submitting Bids expressing your intent to purchase the Auction Items b) when as a Seller, you submit information or listing about the Auction Items expressing your intent to sell the Auction Items c) When either as a visitor, user or registrant or in any other capacity you use or access the Services.

By consenting to this Terms of Use, you represent and warrant that:

a)    You are over the age of eighteen (18).

b)    If you are accessing or using the Services on behalf of another entity or person, you are authorized to act on behalf of such entity or person and have the full authority to bind such person or entity to this Terms of Use.

We may v ary these Terms of Use on at least fifteen (15) days’ written notice to you (except this period may be shorter where such variation is required by law or for an unforeseen and imminent risk to the Website and/or its users). If a proposed change means that you need to make technical or commercial adjustments, we will give you a longer notice period before the change applies. Whenever we notify you of a proposed change to the Terms of Use, you will have the right to terminate your relationship with us before expiry of the applicable notice period. If you continue to use the Website during the notice period, then we will take this as your confirmation that you agree to the updated Terms and do not want to terminate your relationship with us.

These Terms of Use and our Privacy Policy apply to the exclusion of any other terms and replace in their entirety any previous terms between you and us.

2.     Definitions

“Auction Items” means any items including vehicles (two-wheelers, cars), automobilia, and cherished number plates that are listed for sale by the Seller utilising our Services;

Auction Process ” means the online process facilitated by our website by which Buyer and Seller are matched to each other based upon the highest price that the Buyer is willing to pay for the Seller’s Auction Items.

"Bid" means an offer to purchase an Auction Item(s) at a price so indicated on our website.

Buyer” means the User who has submitted bids for the purchase of Auction Item(s) from a Seller.

" Purchase Price " means the amount of the highest Bid on the Auction Items at the moment when the auction is deemed to have ended on the website.

" Reserve Price " means the minimum price at which the Auction Items may be sold as specified by the Seller on the website.

"Seller" means the User who offers the Auction Items for sale and provides any other related information pertaining thereto.

Users” means the Buyers, Sellers, visitors, users, and others who register for, or otherwise access or our website or Services.

3.    Shootingbrake.com's role as a marketplace

Shootingbrake.com is an online marketplace that allows Users to list the Auction Items for sale on the website. Our Services are intended to enable Users to avail of certain features and functionalities on the website and applications and thereby enable Sellers to post listings for sale of Auction Items and enable Buyers to bid for the said Auction Items listed.

The Services are for general information, and discussion purposes only to introduce Seller with Buyers. Shootingbrake.com acts as an introducer between Sellers and Buyers, however, we do not stock or sell Auction Items on our own, nor are we involved in the financial transaction to purchase/sell the Auction Items listed. Shootingbrake.com shall not be construed to be an agent of the Seller or Buyer nor we are a broker or a dealer or traditional auctioneer.

Shootingbrake.com does not offer for sale, sell, buy, or exchange any Auction Items. Shootingbrake.com does not negotiate any dealings for sale, buy or exchange of Auction Items. Shootingbrake.com does not hold the title of any Auction Items nor does have any legal possession of any Auction Items. Shootingbrake.com does not undertake any background verification of the Seller or Buyer, nor does make any inspection of the Auction Items.

Any contract entered according to the Auction process is a contract solely between Buyer and the Seller and Shootingbrake.com will not be a party to this contract.

4.    Account Creation

If you create an account on the website, then you become a member on our website. You are responsible for all activities that occur under your account and any other actions you take thereto. You will provide us with your accurate, complete, and true contact details (and promptly update the same as needed) including name, date of birth, address, telephone, email, banking details, and such other information as required by us and notified to you. You shall also notify us in writing of any changes in any information you provided to us. We are not responsible for failure in delivering the Services due to any incorrect information provided by you. You agree not to create or access an account using a false identity or any false or inaccurate information or create or access an account on behalf of someone other than yourself. You will be responsible for maintaining the confidentiality and security of your account. You should notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any unauthorized access to or use of your account. We reserve the right in our sole discretion to reject the registration of any user account without indicating any reason. We may at our sole discretion maintain different types of accounts for different Users.

5.    Acceptable User Conduct

We expect all of our Users to conduct themselves in good conscience, and with a high degree of respect for other Users and Shootingbrake.com at all times.

We do not tolerate any form of intimidation, bullying, or otherwise vexatious behaviour on our Services and we reserve the right to fully investigate all allegations of misconduct and behaviour that do not meet our standards.

The rights granted to you for use of the Services are subject to the following restrictions:

1)    You shall not copy, decompile, reverse engineer, disassemble, modify, prepare derivative works, distribute, transfer, broadcast, or otherwise exploit any content available on the Services

2)    You shall not remove any copyright, trademark registration, or other proprietary notices from the website.

3)    You will not infringe or use any of our brands, logos, trademarks, or other proprietary marks for your use.

4)    You will not use the Services in any way which is harmful to our interests or interests of any third party.

5)    You will not interfere with the access or use of Services by other Users.

6)    You will not obtain or attempt to obtain any unauthorized access to or use of our Services.

7)    You will not use any automated device or mechanism such as “robots,” “spiders,” to access or use our Services.

8)    You will not access or use the Services through any technology or medium other than those authorized by us.

9)    You will not use the Services to overburden the website or to disrupt the operation of our website or business.

10) You will not transmit or introduce any kind of virus or any malware or harmful codes on the Services.

11) You will not circumvent password or any authentication methods on the Services.

12) You will not use the Services in any way not permitted or authorized by the Terms of Use.

13) You will not impersonate or misrepresent yourself while using the Services including opening an account pretending to be that of a new user when we have terminated your account.

14)  You will not harvest any personal data from the Services.

15) You will not use the Services to violate any applicable laws or rights including privacy rights or intellectual property rights of others.

16) You will not use the Services to cause nuisance, annoyance, harm, fraud, or inconvenience to anyone.

17) You will not use the Services to send any unsolicited advertising or spam communications.

18) You will not use the Services to conduct any phishing or similar activities.

19) You will not use the Services for any immoral purposes, child pornography, trafficking, or any criminal activities.

20) You will not delete, alter, remove, impair our website or any part of the same including without limitation performing acts such as removing it from a search engine or decaching of any portion of the website.

21) You will not use the Services to represent or indicate that Shootingbrake.com endorses you or your business unless we have agreed to in writing.

22) You will not build a similar or competitive product using similar ideas, features, functionality, or graphics of the website or Services.

23) You will not unfairly or unlawfully interfere or manipulate any ratings system or user feedback system.

24) You will not do anything to circumvent or avoid the fees/commission due to us at any time or message users in outside the Website message function.

6.    User Content

From time to time, you may make available on the Services your content, listing, and materials including without limitation the description and information of the Auction Items, presentations, figures, charts, your name, social media account information, feedback, suggestions, ideas, images, footages, videos, and graphics ("User Content").

You represent and warrant that you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases that are necessary to grant to us the rights in such User Content. You undertake that you shall not include any personal data as User Content. We further recommend that you do not post personal data (especially sensitive personal data in any user-to-user messaging function..

You grant Shootingbrake.com a worldwide, non-exclusive, royalty-free, sub-licensable, transferable, perpetual, irrevocable right to use, copy, reproduce, modify, rewrite, publish, transmit, disseminate, distribute, display, host, store, cache, create derivative works from, and otherwise exploit the User Content as you may make available on the Services in any form or medium whatsoever in connection with the operation and promotion of Shootingbrake.com.

You irrevocably waive any moral rights or rights of attribution concerning your User Content and agree that you will not assert any such claims against us.. You are solely responsible and liable for any claims or damages sustained by us or other Users due to your User Content including without limitation any reliance placed by the Users on the User Content.

We reserve the right to delete User Content that we decide, in our discretion, infringes these Terms of Use.

7.    Auction Terms

At Shootingbrake.com we foster a reputation of being a trusted buying and selling partner to our Users, and we intend that all Users follow certain rules to foster a productive auction process.

We reserve the right to decline listing requests for many reasons and will provide you with feedback about that decision, and any action you should take before resubmitting if appropriate. Examples of reasons a listing may be declined include without limitation:

1)    The vehicle or item is not in line with our brand of luxury, performance, and high-end vehicles and automobilia

2)    The listing description is inadequate or misleading in any way

3)    The photos/media are inadequate or misleading in any way

4)    A check run against the vehicle flags it as stolen and/or having previously been written off

You are prohibited from:

1)    bidding on your own Auction Items.

2)    bidding on Auctions Items of someone related to you or having someone related to you bid on your Auction Items. Notwithstanding the foregoing, you may bid on Auctions Items of someone related to you or someone related to you bid on your Auction Items if there is a genuine intention of purchasing the Auction Items. The term "someone related" will mean your friend, family member, relative, or someone who is connected to your business such as your employees.

Seller Terms:

If you are Seller, you represent that you have legal ownership of the Auction Items or are duly authorized to sell the Auction Items on behalf of any other person or entity. You along with such other person or entity will be held jointly and severally liable for any acts or omissions under this Terms of Use. If Auction Items are subject to any financing arrangement, you shall confirm the outstanding amount before listing the Auction Items.

You further represent that the Auction Items are free from all encumbrances, liens, charges, or claims. Seller may provide a Reserve Price indicating that the Auction Items may not be sold below the Reserve Price before we publicize the Seller's listing. The Seller may reduce or waive the Reserve Price during the auction by notifying us of such change via email.

Sellers shall ensure that all the listings are compliant with applicable laws and are truthful and accurate. Although, we may in a reasonable way assist the Seller to create the listing for Auction Items by offering a range of listing support packages, available to Sellers to assist in the creation of compelling text description and photographs/media for selling the Auction Items, however, Seller is solely responsible for the information and any content so specified in the listing. Seller shall ensure that the Auction Items purchased by the Buyer are delivered satisfactorily and within the timeline so indicated in the listing.

Sellers must list the Reserve Price as inclusive of VAT.

Due to the nature of any auction, it is not possible to run a Live Auction if another platform (online, print, auction or otherwise) is used to sell your vehicle unless Shooting Brake Ltd agree and notify you in writing of our consent. After your vehicle has been accepted by Shooting Brake Ltd for listing, you commit to have your vehicle listed with us exclusively for at least a 7- to 14-day auction, inclusive of any extension of any “Live Auction” agreed to by both Shooting Brake Ltd and you. Therefore, we require you to exclusively use this Site to sell your Vehicle, once it has been accepted.

Terms applicable to both Buyer and Sellers:

Buyer shall be bound by any Bid that you submit through the Services and such Bid shall establish your express intention to form a contract with the Seller for the purchase of Auction Items.

The Bid will be awarded to the Buyer who bids at the Purchase Price i.e., the highest price among the Bids so offered by all the Users subject to the Purchase Price meeting or exceeding the Reserve Price (as modified or waived by the Seller). In a situation where the Buyer bids and the highest bidder withdraws the Bid, the next in line Buyer who has the highest amount bid shall become the highest bidder. We suggest you read the FAQs on the website related to the bid withdrawal process.

Upon successful auction completion i.e., when the Buyer and Seller are matched to each other, the User will have 24 hours to contact the other Users i.e., either the Buyer or Seller as may be applicable, and arrange for payments and collection/delivery.

All financial transactions about the purchase and sale of Auction Items shall be handled outside of the website. We recommend you should perform the financial transaction through a secure bank transfer. For the sake of clarity, we do not make any payment processing related to your transaction with the Seller or Buyer regarding the purchase/sale of Auction Items.

Prices listed for the Auction Items are set by the Sellers. We are not responsible for setting or negotiating any such prices. For the sake of clarity such prices listed may exclude any taxes, registration fees, regulatory charges, inspection charges, emission testing charges, and any other fees required by law.

If you as the Seller withdraw your Auction Lot from sale, or from the Coming Soon list, or following a Live Auction and agreed sale of your Auction Lot to a Buyer, you fail to complete the sale of the Auction Lot within the timeframe agreed with the Buyer for any reason other than the default of the Buyer, you will be obliged to pay the fees to Shootingbrake.com in accordance with Our Fees section that would have been paid by the Buyer, calculated on the last Reserve Price you agreed with Shootingbrake.com or if none (including an Auction Lot on the Coming Soon list) a minimum charge of £500 inclusive of Value Added Tax on all non-number plate Auction Lots or a minimum charge of £300 inclusive of Value Added Tax on number plate Auction Lots.

Any purchase of the Auction Items made from a Seller using the Services is a contract between applicable Buyer and Seller, and in case of any issues in such transaction including without limitation any refund if you are seeking to pertain thereto, you should directly contact the respective Seller. We are not responsible for resolving such issues.

The Buyer and Seller will need to agree on the delivery of the Auction Items and for any costs related to packing, handling, insurance, and transport of the Auction Items and for complying with all import or export regulations in connection with the Auction Items. We are not responsible for the foregoing activities nor do we provide any assistance on the same.

You are solely responsible for all costs and expenses you may incur concerning your use of the Services and any transaction conducted under the Auction process.

8.     User Disputes

If there is a dispute between you and any other User, we are under no obligation to resolve such dispute nor do we have any obligation to review any information provided by you concerning such dispute. However, at our sole discretion, we may monitor or resolve such disputes subject to we do not sustaining any additional efforts in terms of time or money. Users will have the chance to engage with other Users both via online commenting on listings, and also offline when arranging and undertaking viewings and collections and other transactions, however, we have no jurisdiction on what happens outside of the purview of the Services or website.

9.     Our Fees:

1.     Using the Site is free for Sellers, except where otherwise stated in these Terms. Other Terms require the Seller to pay to us the fee that would have been paid by the Buyer, and the provisions of this clause shall apply to the Seller in those circumstances.

2.     When you bid on an Auction Lot, our third-party payment provider, Stripe, will put a hold on your credit or debit card for the fee payable if you are the successful bidder. You will be providing credit or debit card information directly to Stripe, which operates a secure server to process payment details, encrypting and tokenising your credit/debit card information, processing any pre-authorisations and authorising payment. By registering to make payment to us using Stripe, you confirm that you accept and agree to be bound by Stripe’s terms and acknowledge that they constitute a legally binding contract between Stripe and you.

3.     For the Buyer who has made the highest bid on the Auction Lot, subject to achieving any Reserve Price required by the Seller unless the Reserve Price is waived by the Seller, you will pay to us a fee equivalent to a commission of 5% inclusive of Value Added Tax calculated on the final selling price of the Auction Lot unless:

1.     the fee calculated is less than £500 on all Auction Lots except number plates, in which case you will pay a minimum charge of £500 inclusive of Value Added Tax; or

2.     the fee calculated is more than £5,000 on all Auction Lots, in which case you will pay a maximum charge of £5,000; or

3.     the fee calculated is less than £300 on number plates, in which case you will pay a minimum charge of £300 inclusive of Value Added Tax.

4.     The fee will be processed by Stripe on our behalf.

5.     Your credit card or debit card will only be charged if you are successful in the auction in which case immediate payment shall be taken by Shootingbrake.com for our fees.

6.     Stripe will encrypt and tokenise your credit/debit card information that you supply, and you agree to allow Stripe to pre-authorise any amount applicable to the fees payable to us by the Buyer with the highest bid, which are automatically payable upon you winning an auction, and you will authorise the processing of the payment of the fees to us at that time. It is your responsibility to ensure there are sufficient funds available regardless of any pre-authorisation. If any payment is declined, your bid may be cancelled by us.

7.     We will continue to pursue payment via Stripe until the entire fee has been paid. If Stripe are unable to take the fee payable from your credit or debit card then you must, within 24 hours of the auction ending, make payment of the outstanding amount and in immediately available funds during normal banking hours to such bank account as we shall specify. If we do not receive this fee within 24 hours of the auction ending, or if you as the successful Buyer fail to complete the purchase of the Auction Lot for any reason other than the default of the Seller, or lawful cancellation or termination of the purchase contract, we will assist the Seller to attempt to sell the Auction Lot to an underbidder, the fees payable to Shootingbrake.com by you will remain payable.

8.     The fees for our service will be charged in pounds sterling (£) (GBP), and are inclusive of Value Added Tax (if chargeable). You are responsible for paying all bank charges that may apply. We and our payment processor cannot be held liable for any bank charges you incur as part of any transaction.

9.     If your payment is not received by us, we may also charge interest on any balance outstanding at the rate of 4% a year above the Bank of England’s base rate.

10. Post-auction 'Buy Now’ option:

In case the Auction Lot does not sell when the auction period is finished, you will be given the option to continue listing the Auction Lot on the Site for a period of 7 calendar days. The Buy Now price is determined based on the last Reserve Price the Seller agreed with Shootingbrake.com. The Buyer making an offer on the Auction Lot will immediately pay to us our fee as set out at clause 3 above once it is confirmed that the Buyer will purchase the Auction Lot.

We reserve the right to add new services and charge any additional fees for such services or amend any existing fees (save in respect of transactions via the Website that are in the process of taking place) upon reasonable notice to you.

10. Disclaimer of Liability by Shootingbrake.com

We do not limit or exclude any liability which cannot be legally limited or excluded (including death or personal injury caused by negligence, and fraud).

Except as expressly set out in these Terms of Use, no implied conditions, warranties or other terms, will apply to anything supplied or provided by us under these Terms of Use. In particular we do not make any representation or warranty whatsoever in respect of the level of sales of any Auction Lots.

Although it is our intention that the Website and Services are available as much as possible, there may be occasions when it may be interrupted, including for scheduled maintenance, upgrades and emergency repairs, or due to failure of telecommunication links and/or equipment. The Website and Services and any content contained therein is provided on an “as available” and “as is” basis. We do not give any commitment relating to the performance or availability of the Website and Services. You accept that the internet may be subject to breaches of security and that the submission of User Content or other information may not be secure.

We are not responsible or liable for any loss or harm caused by viruses, worms or other programmes designed to impair the Website and Services.

We are not responsible or liable for any third-party links/websites/products which may be accessed by you via the Website and Services at your sole option and shall be subject to the separate terms and conditions of such third party.

Our total responsibility for any claims relating to the sale of an Auction Lot via our Website is limited to the fees/commission paid to us in connection with the sale of that Auction Lot.

For any other claims arising out of the provision of the Website/Services (including without limitation any dispute between users, in relation to any User Content you access via the Website/Services, or any other user you interact with), we do not accept any responsibility whatsoever (whether arising in contract, tort otherwise), except where we cannot disclaim, exclude or limit responsibility by law (such as death and/or personal injury caused by our negligence).

We will never be responsible for any loss or damage that is not reasonably foreseeable, and we will never be responsible for indirect losses and/or financial and business loss, or loss of goodwill or reputation.

11. Your Responsibility to Us

If Shooting Brake is sued due to an action or inaction by you (including a breach of these Terms of Use) then we have the right, at our discretion, to request that you promptly cover any fees (including legal fees), losses or damages incurred by us as a result. Where we decide to conduct the defence of such claim, you agree to assist us as reasonably requested.

12. Changes

We may, in our sole discretion, make any changes to the website or applications or Services that we deem necessary or useful to maintain or enhance the quality or delivery of the same or for any other reason without any notification to you. Any future release, upgrades, and updates to the Services shall be subject to this Terms of Use.

13. Ownership and Intellectual Property Rights

Title, ownership rights, and intellectual property rights in the Website and Services shall remain the sole property of Shootingbrake.com or its licensors. Except any of the User Content, the Services and website and all the content therein and all trademarks, service marks, graphics, logos, designs, texts, elements used in connection with the same, or any other content, materials of any kind made available on the Website and in the Services are trademarks or copyrights or other intellectual property rights of Shootingbrake.com or its licensors and shall not be used without our permission. Your use of the Website and/or Services does not grant you any right or license to reproduce or otherwise use any of the intellectual property rights of Shootingbrake.com or its licensors except as expressly permitted herein. We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, personal license to access, view, and use the Website and Services for the purposes described herein subject to your full compliance with the Terms of Use.

14. Termination

You may terminate your relationship with us and close your account at any time by emailing us at close@shootingbrake.com.

We reserve the right in our sole discretion to terminate your account or any part of the same including your use or access to the Services where we reasonably consider that you have acted in contravention of these Terms of Use save that if we restrict or suspend access to the Website (or any part of it) or your account, and/or terminate our relationship with you, we will provide you with our reasons on or before the date on which the restriction or termination becomes effective, in order to give you the opportunity to clarify the facts and circumstances (except in certain circumstances where continuing our relationship even for a short while longer represents a significant harm to our Website and/or Users).

Contracts formed between Buyers and Sellers shall not be affected by the termination of our relationship with you, and shall remain binding as per the terms of the contract formed between Buyer and Seller.

If you or we end your use of the Website and/or Services as described in this clause, we may delete or modify the User Content, Account or any other information we hold about you. You will also lose any rights you have to use the Website and/or Services or access our content or your User Content. We will not offer you compensation for any losses. You should note that even if your Account is deactivated, some of your data may persist and appear within the Website, for example where your User Content has been re-shared, liked or commented on by others.

If you are a business users, we shall, upon request by you within the 30 days following termination, provide to you a list of transaction data relating to the sale of Auction Lots on Website, in our standard format (after which we may delete such data).

15. Notices

We will send you notice to the last email address you provided to us. Our dispatch of the email containing any notice will be considered effective notice to you notwithstanding such notice may not be delivered to you for reasons such as including but not limited to the invalidity of your email address, your inbox being full, or email being inaccurate.

16. General

Governing Law. This Terms of Use shall be governed by the laws of England and Wales without regard to the conflicts of law principles thereof and you agree to submit to the exclusive jurisdiction of the English courts.

Force Majeure. We are not responsible for any delays or failures in performance from any cause beyond our control, including, but not limited to acts of God, changes to laws, lockdowns, fires, floods, embargoes, war, terrorist acts, acts, or omissions of third-party service providers

Severability. If any provision of this Terms of Use is found to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable.

Relationship. Your use of the website or Services shall not make you an employee or agent or partner or joint venturer of Shootingbrake.com.

No Third-Party Beneficiaries. Nothing in this Terms of Use will provide or accrue any benefit to any third party or entitle any third party to any claim, cause of action, remedy, or right of any kind except as expressly stated herein.

Waiver. Any waiver or failure to enforce any provision of this Terms of Use on one occasion will not be deemed a waiver of any other provision or such provision on any other occasion. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.

You may not sell, assign, or transfer your rights under these Terms of Use or delegate the performance of any obligations without the prior written consent of Shootingbrake (including the transfer of your account to a third party).

Survival. All provisions of the Terms of Use which by their nature should survive shall survive the termination.

17. Complaints and Contacting Us

If you have any questions about our Services or the Terms of Use, you should contact us at:

Business Name: Shooting Brake Ltd trading as Shootingbrake.com

Address: 15 reece mews, Kensington, London, SW7 3HE

Email: sbsupport@shootingbrake.com

Last updated: February 2022