Terms of Service

This explains the terms by which you may use the service by:

  1. submitting a vehicle description and any other related information in connection with the listing of a vehicle for sale on the Platform as a “Seller.”
  2. submitting bids for the purchase of vehicles posted for auction by the Company as a “Buyer”
  3. contacting a “Seller” for the purpose of buying a vehicle as a “Buyer”.

By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms of Service (these “Terms”), to the collection and use of your information as set forth in the Market Privacy Policy

These Terms apply to all buyers, sellers, visitors, users, and others who register for, or otherwise access the Service (“Users”).

If we believe you are abusing the Service, in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

In this Terms of Service the following definitions shall apply:

Users Buyers, sellers, visitors, users, and others who register for, or otherwise access the Platform

Buyer The user who has agreed to purchase a vehicle from a seller who has listed it on the Market platform

Platform The group of technical applications that make up the Market service, including but not limited to web sites, mobile applications and backend systems.

Company The Market by Bonhams (Company No. 11281872) with a registered address at 38A Innovation Drive, Milton Park, Oxfordshire, United Kingdom, OX14 4RT and where appropriate its officers, employees and agents.

Auction The online process facilitated by the platform by which a buyer and a seller are matched to each other based upon the highest price that the buyer is willing to pay for the seller’s vehicle.

Bid an offer to purchase a vehicle at a price given by the platform.

Seller's Commission a commission payable by the seller of a vehicle (incorporated within the final bid price) as a condition of your purchase of a Vehicle.

Purchase Price the amount of the highest Bid on a vehicle at the moment when the auction is deemed to have ended by the platform.

Reserve the minimum price at which a vehicle may be sold as stipulated by the Seller and whether communicated or not to the Buyer before, during or after the Sale.

Seller the person who offers the vehicle for sale as described on the Platform.

Service the Platform and our online and/or mobile services, and software provided on or in connection with the service (collectively, the “Service”)

1. The Company

The Market by Bonhams is a vehicle listing, information service and auction website that brings together Buyers and Sellers. The Market by Bonhams is not a vehicle broker or dealer and does not sell, exchange, buy, or offer for sale the vehicles listed for sale on the Service. The Market by Bonhams does not own any of the vehicles listed for sale on the Service.

2. Seller Content

We do not claim ownership of Seller-generated content and material provided to us in connection with the Services (collectively “Seller Content”). By submitting any Seller Content, you grant to Company 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, as well as your name, persona and likeness included in any Seller Content and your social media account handle, username, real name, profile picture and/or any other information associated with 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 hereafter 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.

The Company does not guarantee the truthfulness, accuracy or reliability of any Seller Content or endorse any opinions expressed by you or anyone else. By submitting the Seller Content you fully and unconditionally release and forever discharge Company and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with:

  1. disputes between you and a Buyer or one or more users or any other person or entity
  2. the use by Company or you of the Seller Content

3. Seller's Undertaking

By listing a vehicle within the platform, the Seller undertakes that

  1. the Seller is the owner of the vehicle or is duly authorised as an agent (whether such agency is disclosed or not) for a principal who is the owner to sell the vehicle (and where the Seller acts as an agent for the owner of the vehicle the Seller as agent and the principal shall be jointly and severally liable as such to sell the vehicle
  2. the Seller sells the Vehicle with full title guarantee free from all liens, charges, encumbrances and third party claims or, where the seller is the executor, trustee, liquidator, receiver or administrator, with whatever right, title or interest he may have in the Vehicle

4. Bidding and Auction

In connection with the Auction Service, Sellers agree to provide to Company a reserve amount indicating the minimum price at which the Seller will make a sale of the applicable vehicle (the “Reserve”) prior to the Company’s publication of the Seller’s listing). The Seller may reduce or waive the Reserve during the auction by notifying the Company of such change via email.

Each Buyer acknowledges and agrees that:

  1. Each Bid submitted via the Service is binding on the Buyer and establishes a principal to form a contract for the sale of the vehicle between the Seller and the Buyer
  2. To place a Bid, the buyer will agree to pay 6% of the Bid value or a minimum of $800/£500/€600 + VAT to the Company should their bid be the highest at the point the Auction ends and the vehicle Reserve has been met.
  3. Buyer is responsible for all applicable government fees and taxes for applicable vehicles listed via the Service. Sellers are not responsible for any shipping or delivery fee. We recommend that an in-person inspection take place, however you acknowledge and agree that Company bears no risk associated with purchasing of a vehicle listed via the Service, whether or not any inspection is performed.

5. Payments

The Market by Bonhams is a vehicle listing, information service and auction website that brings together Buyers and Sellers. The Market by Bonhams is not a vehicle broker or dealer and does not sell, exchange, buy, or offer for sale the vehicles listed for sale on the Service. The Market by Bonhams does not own any of the vehicles listed for sale on the Service.

a. Fees

Certain aspects of the Service require fees paid to the Company, including with respect to the initial deposit made by Buyers in connection with a bid, Seller’s fees, and Seller listing fees. If you elect to use paid aspects of the Service, you agree to the pricing terms. The Company may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. The prices listed by Sellers on the Market Service exclude government fees and taxes, registration and titling fees, regulatory and electronic processing charges, inspection charges, and any other fees required by law, any or all of which may be added to the listed price to arrive at the final sale price of a particular vehicle. All amounts listed on the Service are in Euros and GBP (€ and £).

b. Seller's Commission

It is a condition of the contract for the sale of the vehicle that the Seller pays to the Company the Seller's Commission which is a sum equal to 5% + VAT of the Purchase Price or minimum $800/£500/€600 + VAT and which represents part of the consideration due to the Company for the Company’s facilitation of the sale of the Vehicle. This sum is paid through the retention of funds payable directly to the Company by the buyer when an auction completes.

In the event that the sale of the Vehicle to the Buyer is not completed because of any breach by the Buyer of these Terms and Conditions, the Buyer undertake to compensate the Company in full in respect of the Seller's Commission that would have been payable.

c. No Refunds

You may cancel your Company account at any time; however, there are no refunds for or in connection with cancellation; provided, that Seller’s fees may be refundable solely prior to a Seller’s listing being published. In the event that Company suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund, including in any content or data associated with your account or for anything else.

d. Payment Information

All payments made by you to the Company shall be facilitated through Stripe, Inc., The Market by Bonhams third party payment processing service. The Market by Bonhams does not directly capture or store any payment information. Stripe’s terms of service can be found at https://stripe.com/us/terms. All information that you provide in connection with a monetary transaction interaction with the Service must be accurate, complete, and current.

6. Collection of the Vehicle

Unless otherwise agreed in writing by the Seller, the Vehicle transaction will complete within 7 days of Auction end. The Seller will only release the vehicle to the Buyer once they have received cleared funds to the amount of 94% of the Purchase Price (6% having already been paid to the Company).

The Buyer will collect and remove the vehicle at the Buyer’s expense.

The Buyer will be wholly responsible for packing, handling, insurance and transport of the Vehicle on collection and for complying with all import or export regulations in connection with the Vehicle.

If the Seller has stored the vehicle with the Company, during the Auction and

  1. The vehicle is sold

    The Buyer will be wholly responsible for any removal, insurance, storage or other charges or expenses incurred by the Company if you do not remove the vehicle within 7 days of Auction end and will indemnify the Company against all charges, costs, including any legal costs and fees, expenses and losses suffered by the Company by reason of your failure to remove the Vehicle including any charges due from any third party storage provider. All such sums due will be payable on demand.
  2. The vehicle is not sold

    The Seller will be wholly responsible for any removal, insurance, storage or other charges or expenses incurred by the Company if you do not remove the vehicle within 7 days of Auction end and will indemnify the Company against all charges, costs, including any legal costs and fees, expenses and losses suffered by the Company by reason of your failure to remove the Vehicle including any charges due from any third party storage provider. All such sums due will be payable on demand.

7. Indemnity

You agree to defend, indemnify and hold harmless the Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:

  1. your use of and access to the Service, including any data or content transmitted or received by you
  2. your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above
  3. your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights
  4. your violation of any applicable law, rule or regulation
  5. Seller Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information
  6. your wilful misconduct
  7. any other party’s access and use of the Service with your unique username, password or other appropriate security code.

8. User Accounts

In order to use our Service you will be required to register. During registration we may collect your name and email when registering. We have the final discretion in granting accounts and reserve the right to reject users without explanation.

9. Use of the Service

When using our Service, you are responsible for your use of The Market, and for any use of The Market made using your device. You agree not to access, copy, or otherwise use The Market, including our intellectual property and trademarks, except as authorised by these Terms of Service or as otherwise authorised in writing by the Company. You agree:

  1. You will not copy, distribute or disclose any part of the Site or the Service in any medium, including without limitation by any automated or non-automated “scraping”;
  2. You will not use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site or the Service in a manner that sends more request messages to The Market servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that The Market grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available searchable indices of the materials, not caches or archives of such materials);
  3. You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site, App, or Service;
  4. You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  5. You will not upload invalid data, viruses, worms or other software agents through the Service or App;
  6. You will not collect or harvest any personally identifiable information, including account names, from the Service or App;
  7. You will not access the Site or Service through any technology or means other than those provided or authorised by the Service or App;
  8. You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
  9. You agree to use our App only in a safe manner and in compliance with all laws, you explicitly agree that you will not use The Market for any criminal communications or for transmitting any child pornography;
  10. You agree that you will not post content that is harmful to any third party, illegal, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, indecent, libellous, pornographic, sexually explicit, invasive of another's privacy, hateful or racially, ethnically, or otherwise offensive. You further agree that you will immediately remove content on The Market request for any reason;
  11. You agree that you will not hold The Market responsible for your use of our Service;
  12. You agree not to violate any requirements, procedures, policies or regulations of networks connected to The Market;
  13. You agree not to interfere with or disrupt the Site, App, or Service;
  14. You agree not to hack, spam or phish us or other users;
  15. You agree to provide truthful and accurate Content;
  16. You agree to not violate any law or regulation and you are responsible for such violations;
  17. You will not use our Service to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent Content;
  18. You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Service from a thirty party’s website, such as by requesting its removal from a search engine;
  19. You will not upload any Content to our Site or App that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it;

If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Service may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Services, but the Company reserves the right to suspend or terminate any account at any time without notice or explanation.

10. Modification of the Service

We reserve the right to alter, update, or remove our App from your system at any time, or demand that you do so. We may conduct such modifications to our App for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Service for security, legal or other purposes.

11. Service Availability

We do not guarantee that the Service will always be available, work, or be accessible at any particular time.

12. Compliance with All Laws and Regulations

The Company is not responsible for your violation of any laws while using the Service. Users must comply with all local, state, or federal laws regarding your use of our Service. We are not responsible for the posting of any Content.

13. Intellectual Property Rights

The design of the Service along with Company created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under UK and foreign laws and international conventions. The Company reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Service unless we have given express written permission.

14. Our Copyright

Users are allowed and share our Content and other users’ Content through the functionality of our Service. However, you agree not to otherwise copy, distribute, display, disseminate, or reproduce any of the information on our Service without our prior written permission. This includes, but is not limited to, a prohibition on aggregating, streaming, copying, or otherwise reproducing any Content found on the Service. Your copying not only has the potential to affect certain copyrights that we may hold in the arrangement of our data and the layout of our Service, but may also infringe on a third party’s copyright. You agree that this section limits your rights more than the simple application of intellectual property law would, and constitutes a contractual obligation binding to you beyond the applicable intellectual property laws.

15. Access to Our Service and Limited License

Our Service is provided “as-is”. We may at our discretion and without notice to you change, modify, interrupt or terminate our Service. You agree that our Service may not always be error free, continuous or undisrupted. We may at our discretion modify, update, delete, disable or otherwise discontinue our Service.

We grant you a revocable, non-exclusive, personal, license to access our Service. This license grant is subject to compliance with our Terms of Service and the Privacy Policy.

You agree not to access Content through any technology or means other than through our Site or Service or otherwise authorised by us.

16. Copyright Takedown Notice

We take copyright infringement very seriously and intend to comply with the Digital Millennium Copyright Act and other relevant laws both national and international. If believe that your copyright has been infringed, please send us a message which contains:

  1. Your name
  2. The name of the party whose copyright has been infringed, if different from your name
  3. The name and description of the work that is being infringed
  4. The location on our website of the infringing copy
  5. A statement that you have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
  6. A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our copyright agent at hello@themarket.co.uk.

17. Age Compliance

The Service may only be used by persons 13 years and older. If you are under 13 please stop using our Service and please do not submit any information to us. If you are in between the ages of 13 and 18 your parent or guardian must agree that you have may enter into and consent to this Agreement and the Privacy Policy.

18. Choice of Law

This Agreement shall be governed by the laws in force in England and Wales. The offer and acceptance of this contract is deemed to have occurred in England.