v.06 15 June 2022

 

  1. Who we are

CPN CLASSIC LIMITED t/as Evoke Classics. Company number 10638708. Registered office address

Devonshire House, 1 Devonshire Street, London, United Kingdom, W1W 5DR

  1. About our Terms

Read these terms carefully before using any element of the website and or auction platform. By accessing or using the website or otherwise indicating your consent, you agree to be legally bound by these terms and conditions. If you do not agree with any of these terms and conditions, you should stop using the site immediately.

  1. Definitions

“EC” means Evoke Classics.

“Website” means www.evoke-classics.com – all elements, activities, process associated with the entire website and or auction platform and process.

“Users” means Buyers, sellers, visitors, users, and or others who register for, or otherwise access or use the website and or services at any time

“You” means users of the site and or services.

“Seller” means the person who confirms they are the legal owner, have full unencumbered title to the item/s offered for sale or is duly authorised as agent for the principle who is the legal owner – both agent and seller are jointly and severely liable.

“Buyer” means the user who has agreed to purchase anything from Evoke Classics from a seller who has listed it on the EC platform or in any other form.

“Platform” means the entire suite of software applications that make up the EC service.

“Auction” means the online process facilitated by the platform.

“Lot” means any items listed for sale by auction on the platform

“Classifieds” means an advert placed via the EC Classifieds section

“Bid” means a buyers legally binding offer price to purchase an item via the platform.

“Seller’s Commission” means a commission payable by the seller of an item as a condition of the sale of a Lot.

“Purchase Price” means the amount of the highest Bid on an item at the moment when the auction is deemed to have ended.

“Reserve” means the confidential minimum price that a seller is willing to accept for an item.

“Service” means the platform and or any other facilities in connection with the Evoke Classics website.

“As Is”, “in its present condition” means items for sale at auction are offered “as is,” meaning that the item is sold with all existing flaws and imperfections unless otherwise specified and return privileges are not granted.

“Trade Seller” means a Seller who is selling as part of a trade or business

“Buy it Now” means a lot listed for a specific price on the EC platform

“Content” means any text or images, videos, audio or other multimedia software, information or material submitted to or on the EC platform

  1. Contract

We only provide a platform and or service for the seller to list their item for sale and for a buyer to bid.

We do not act as agent of the seller.

We are not a party to the sale contract between the buyer and the seller.

We do not hold title of any vehicle.

You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the site.

  1. Suspension

We may prevent or suspend your access to the site if you do not comply with any part of these terms, any terms or policies to which they refer or any applicable law. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.

  1. Conditions of your use of the site, you agree

Not to do anything unlawful or harmful.

Not to use the site to distribute viruses or malware or other similar harmful software code.

Not to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise or compromise the service.

Not to use the site for purposes of promoting unsolicited advertising or sending spam.

Not to harvest information.

You will not bid on your own item for sale. You will not bid on an item of someone connected to you.

Software will monitor IP addresses and bids and if any abuse is suspected at the sole discretion of EC the services and access will be withdrawn.

Not to use or harvest data provided by other users in a way that they would object to

Not abuse, harass, threaten, stalk, or behave in any way whatsoever that is incompatible with common decency.

You will not denigrate or in any way seek to be unreasonably critical of any item or other user of the site or services.

You will not enter in to and or encourage or facilitate illegal activity or activity that could be potentially illegal.

Not to supply or post content or advertisements intended, knowingly or otherwise, to mislead other users or third parties.

Not to purport to be another user, third party, individual or organisation.

  1. Your account with us

You must be a minimum of 18.

In order to use the site you must register

You will need to provide at least the following information:

  • First and Last name;
  • Email;
  • Phone Number;
  • Address; and
  • such other information as may be requested at signup.

The information you submit to us, including as part of your account creation and registration or use of the Site, must be truthful, accurate and not misleading.

As a Buyer, you must provide us with a valid payment method.

As a Seller, you must confirm that you have full legal title of the Lot or have authority to sell the vehicle on the owner’s behalf. If the Vehicle is subject to finance the amount outstanding must be confirmed prior to listing. Sellers are also required to provide bank details to enable EC to transfer funds less commission fees and a valid payment card as proof of identity or for EC to collect funds as per Clause 13.

  1. Listing an item for sale

8a. Auction Entries

If submitting an item for auction, in the first instance you will submit a request and upload photos and related information, including your proof of ownership or permission to sell the vehicle on behalf of a third party and declare (if any) outstanding finance and or legal charge on the item.

EC will consider the item and confirm if the item is accepted.

EC will conduct relevant vehicle data checks on all consigned UK registered vehicles.

EC may assist sellers in the creation of their listings (including the content of such listings).

It remains the sole responsibility of each seller to ensure listings are accurate.

After the item is accepted for listing, you shall be committed to have the item listed with EC exclusively from that point until the sale.

You can list an item with or without a reserve price. If a reserve is agreed by EC, you may reduce it or withdraw it by written notice to EC. Reserve prices agreed cannot be increased.

A lot submitted must not be advertised for sale elsewhere whilst consigned with EC. EC reserve the right to remove lots from the site if advised that they are for sale elsewhere.

EC gives no warranty or representation as to the anticipated or likely selling price of any item.

Any estimate given, whether written or oral, as to the estimated selling price of any item is a statement of opinion only and may be subject to revision from time to time at EC’s sole discretion and should not be relied upon as an indication of the actual selling price.

If you are a seller listing an item for sale you are solely responsible for the factual accuracy of the item you have entered and or for any error, misinformation, omission related to that item.

If you are a seller you represent and warrant that you are the legal owner of the item or have the relevant authority to sell on behalf of the owner.

8b. Classified Adverts – As a Seller

If submitting an item to sell in EC Classified section, in the first instance you will submit a request and upload photos and related information using the Classified Ad entry form. Vehicle sales are not permitted in classified adverts and Registration Plate sales will be considered on an exceptional basis.

EC will consider the item and publish to the Site if the request is acceptable. EC reserve the right to amend a listing as relevant.

EC may assist sellers in the creation of their listings (including the content of such listings).

It remains the sole responsibility of each seller for the factual accuracy of the item you have entered and or for any error, misinformation, omission related to that item.

As the seller, you represent and warrant that you are the legal owner of the item or have the relevant authority to sell on behalf of the owner.

The contract for sale is between a Seller and a Buyer. EC does not guarantee and is not responsible for the performance of a Buyer or a Seller participating in a sale of any item. We shall not be responsible for their obligations in the sale contract and we exclude all liability arising from the sale contract.

8c. Classified Adverts – As a Buyer

If submitting an item Wanted in EC Classified section, in the first instance you will submit a request and upload photos if relevant plus any other related information using the Classified Ad entry form.

EC will consider the item and publish to the Site if the request is acceptable. EC reserve the right to amend a listing as relevant.

The contract for sale is between a Seller and a Buyer. EC does not guarantee and is not responsible for the performance of a Buyer or a Seller participating in a sale of any item. We shall not be responsible for their obligations in the sale contract and we exclude all liability arising from the sale contract.

  1. Sellers Fees

The seller agrees to pay to EC the seller’s commission which is a sum equal to 4.5% + VAT of the purchase price or a minimum of £350 + VAT. This sum is paid through the retention of funds payable directly to the seller when a sale completes.

Payment will be made into the sellers account within 10 days of EC receiving cleared funds from the Buyer.

These fees only apply to non-classified advert sales.

Monies relating to the final selling price less fees that the seller receives are paid in good faith based on the seller’s description and other information provided regarding the lot. Refer to Clause 13.

  1. Buyers Undertaking.

No fees are due from the buyer to EC. Except in the event that the sale of the item is not completed because of any breach by the buyer of these Terms and Conditions. The buyer undertakes to compensate EC in full for the seller’s fee that would have been payable with a minimum fee of £1,000GBP.

  1. Shortfall Payment

If an item fails to meet the reserve price, EC reserves the right at its sole discretion to make up any shortfall in the reserve price if it decides to do so.

  1. Sellers who are Traders

This clause applies to Trade Sellers.

We may terminate your use of the Site or terminate the contract between you and EC for the provision of the online auction service for convenience with not less than 30 days’ advance notice. We may suspend or terminate your use of the Site immediately if we determine that you have materially breached these Terms and failed to rectify within 7 days of a breach notice; your account has been, or we believe that it may be, used for deceptive or fraudulent or illegal activity or your use of the Site has harmed, or we identify that it might harm, other Sellers, Buyers, customers, or EC’s legitimate interest. We may make available data derived from your use of the Site.

  1. Seller Content and Description

The seller confirms the description of the item is accurate and not misleading.

The Seller will notify EC in writing of any material alterations to the item and any and all allegations and concerns expressed by third parties in relation to the authenticity, provenance, origin, age, condition or quality or any other matter relating to the item

The seller will provide EC with all such information in the seller’s possession.

EC will perform some verification processes, including HPI and MOT checks, EC shall not be liable to the seller or the buyer for any error or omission from the description of any item.

If a sale is not completed because of the failure of the seller to disclose information which may reasonably be expected to affect the item or if the seller removes a lot once the auction commences, the seller shall pay the fees to EC equal to 4.5% of the reserve price plus VAT.

The seller gives EC the full and absolute right to photograph and illustrate any item.

  1. Seller content

By submitting any seller content, the seller gives to EC and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the seller content, in any commercial or non-commercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you.

EC does not agree any accuracy or reliability of any seller content whatsoever or endorse any opinions expressed by the seller or anyone else. As the seller you agree to fully and unconditionally release and forever discharge EC and its officers, directors, employees and agents from any and all claims, demands and damages arising now or in perpetuity.

Photographs and illustrations used for items are for illustration purposes only.

They may not show the true condition and colour, (which may be inaccurately reproduced) of the item.

Estimates and descriptions for the Auction Lots may be amended at EC’s discretion from time to time by notice to the seller given orally or in writing before or during a Live Auction.

  1. Bidding for an item or items

If you are a buyer bidding for an item you confirm the following

It is your responsibility to arrange an inspection of any item you intend to bid on.

EC uses Google Advertising to promote its auction items that are for sale. It is therefore the responsibility of anyone participating in an EC auction to check the make and model of the vehicle in the ‘description’ part of the vehicle page before placing a bid.

You will check and confirm the accuracy of any of your bids

You confirm that you understand and agree that all bids you make are a legally binding obligation.

If you place a bid equal to or above the ‘reserve’ your bid will jump to the reserve price

You are making an irreversible contract to purchase the item.

You cannot under any circumstances withdraw your bid.

If your bid is the winning bid you will pay for the item within 48 hours, unless otherwise agreed in writing with the seller and EC, but in any event no longer than seven calendar days.

If you fail to transfer funds in the allotted time frame you agree to pay EC the sum of £1,000 GBP via the payment card that you have registered.

At you own volition you will independently determine the description, ownership, value, condition, authenticity and quality of the item.

You will settle and pay shipping and or delivery costs associated with the item including but not limited to taxes, fees and or any other costs.

In the event of a buyer failing to complete a sale, we will assist the Seller to sell the Lot to an underbidder.

You warrant that the funds you use for your purchase of an item, and the payment of our fees, have no link with criminal activity including, without limitation, money laundering, tax evasion or terrorist financing

  1. Ghost bids

You will not manipulate the bidding process or price of any item. This is not limited to your own item listed for sale.

You will not work in concurrence with others to manipulate the price of an item.

You will not enter false bids and or any other form of manipulation or activity designed to distort, disrupt or manipulate any part of the auction process.

  1. Withdrawal of Bids or items

EC may at its sole discretion remove any bid made by a buyer bidding for an item.

We have the right, at our absolute discretion, to withdraw any item. We are not required to provide any reason for exercising this right of withdrawal. There is no appeal process.

  1. Activity outside the EC platform

Buyers and sellers shall not engage in any activity designed to complete or facilitate a transaction for the purchase of an item outside of the platform. If any sale of an item is concluded or there are reasonable grounds to suspect a sale has taken place outside of the platform, the seller will pay the fees to EC of £1,000 GBP.

  1. Collection of the vehicle

Unless otherwise agreed in writing with the seller, arrangements must be made within seven calendar days of the end of the auction to collect the item from the seller. The seller will only release the item to the buyer once they have received cleared funds to the amount of the Purchase Price less relevant fees and VAT based on EC commission structure and current VAT rates. The buyer will collect and remove item at the buyer’s expense. The vendor will ensure that the vehicle is insured until the agreed point of collection. The buyer will be wholly responsible for packing, handling, insuring and transporting of the item upon collection.

  1. Dispute relating to a sale

Any dispute with respect to the sale of any item or condition thereof shall be resolved between the buyer and seller and without the participation of EC.

  1. Your privacy and personal information

The General Data Protection Regulations give you certain rights to your personal data. If you have any specific question, please contact us at team@evoke-classics.com.

Payment information you supply to Stripe is not within our control and is subject to Stripe’s own privacy policy and terms and conditions available on their website.

  1. Submitting information to the site

While we use best endeavours to ensure the platform is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential.

  1. Ownership, use and intellectual property rights

When you upload or post content or submit material to EC, you grant to us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, modify, distribute and display descriptions and images in connection with the service provided by the website and across various media types and for the purposes of marketing and promotion of the website and EC. You represent and warrant that you own or otherwise control all of the rights to the content that you upload or post.

The website and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). Intellectual property rights mean rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.

Nothing in these Terms grants you any legal rights in the website other than as necessary to enable you to access the website. You agree not to adjust to try to circumvent or delete any notices contained on the website, any digital rights or other security technology embedded or contained within the website.

  1. Accuracy of information and availability of the platform

While we try to make sure that the platform is accurate, up-to-date and free from bugs, we cannot promise that it will be.

News, articles, podcasts, technical data, buying guides or similar media or information are provided for your general information purposes only and to inform you about us and news, features, services that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

  1. Limitation of Liability

In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law shall EC be liable to you/users for damages, including any direct, indirect, special, incidental, or consequential damages of any type whatsoever arising as a result of use of the platform, facilities or purchases of product/s (including but not limited to damages for loss of goodwill, business interruption, or any and all other damages or losses).

  1. Indemnity

You agree to defend, indemnify on demand and keep EC and our affiliates, parents, subsidiaries and each of our and their respective officers, employees, agents, partners, content providers, service providers,  (collectively, the “Released Parties”) indemnified, and hold the Released Parties harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable solicitor and or counsel fees, arising in any way from; your use of or reliance on the platform or any services, content, functions, information, materials or products available through the platforms,; your purchase or use of any products via the platform and or services; your placement or transmission of any message, content, information, software or other materials through the platform and or services; your knowingly or unknowingly fraudulent or deceptive acts or omissions, or breach or of the law (including infringement of any intellectual property or other right of any person or entity) or of these Terms. We will provide notice to you promptly of any such claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you agree to assist and cooperate with our defence of such claim. In any event, you shall not settle any such claim without our prior written approval.

  1. A sale contract for an item

The contract for sale is between a Seller and a Buyer. EC does not guarantee and is not responsible for the performance of a Buyer or a Seller participating in a sale of any item. We shall not be responsible for their obligations in the sale contract and we exclude all liability arising from the sale contract.

Buyers may, in very restricted circumstances, have a right to return an item if the seller is a trade seller. No refunds will be made to the buyer by EC.

You acknowledge that the Consumer Protection (Distance Selling) Regulations 2000 (CPR) do not apply to the sale of items in relation to services provided by EC and thus do not apply to the EC site or any transactions completed via the site.

As a buyer you have the opportunity to physically inspect the item prior to purchasing it or to have it inspected on your behalf. If you are at all unsure, you accept that you should not bid and if you choose to you are doing so at your own risk. If you choose to not inspect the item or have it inspected for any reason then you accept that full liability lies with you and you fall outside of the CPR 2000.

We aim to give Bidders / Buyers as much information about the Vehicle as we can, e.g. via a significant number of 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.  For more information relating to the law and your Consumer rights, visit: https://www.citizensadvice.org.uk/consumer

  1. No Agency

There is nothing in this agreement that is intended to or implies any agency, partnership, joint venture, employee or employer relationship or any other similar relationship.

  1. Events beyond our control

We shall have no liability for any breach of these terms caused by any event or circumstance beyond our control.

  1. Rights of third parties

No one other than a party to these terms has any right to enforce any of these terms. Unless expressly provided in these terms, no term of this Agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.

  1. Third Party Links

At times, we may provide links to external, or third-party websites, solely for the convenience of the site users. Any links followed to the other sites are done so at your own risk and EC accepts no liability for any linked sites or their content.

  1. Variation

No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms from time to time.

It is your responsibility to check these Terms from time to time to verify such variations.

 

  1. Jurisdiction and Applicable Law

England and Wales

Addendum 16th August 2022 – Terms for Evoke Classic’s 2023 Calendar Competition

  1. The title for the Evoke Classics (EC) 2023 Calendar is “Your Classics”. The theme is open to your personal interpretation but we’re looking for great photographs that show off your Classic. It doesn’t matter how many wheels they have – cars, bikes, tractors, commercials, coaches – are all welcome.. as long as it’s a classic, feel free to enter as many times as you wish
  2. EC are aware that digital photography does allow for some image enhancement. You can enter images that have had spots, scratches or other blemishes removed. You can have worked on the colour or enhanced the image for the sake of the composition. You can also crop the image to improve composition. All images will be judged in composition and appeal.
  3. The closing date for entries is 16:00 on Friday 30th September 2022. Entries received after this date will not be considered and unsuccessful entrants cannot be guaranteed a response or feedback to their entry.
  4. Each of the winning entries will be contacted by the EC team within a week of judging. If, after reasonable attempts, a winning entrant cannot be contacted, EC reserves the right to offer the place on the shortlist to the next best entry.
  5. By entering into the competition, you relinquish any copyrights over the image and selected entries shall appear in the Evoke Classics Calendar 2023 and may also be used on the EC platform, across social media, in promotions etc
  6. EC reserves the right to cancel this competition or alter any of the rules at any stage, if deemed necessary in its opinion, and if circumstances arise outside of its control