About Pursuit Classics Ltd

Pursuit Classics Ltd (the “Company”) operates through its Website Pursuitclassics.com (the “Website”). The Company is registered in England and Wales numbered 09596555 and with VAT number GB 227 0360 37.

The Website is a marketplace that allows users advertising products in order to search, offer, sell and buy just about anything related to vintage vehicles in a variety of pricing formats and locations. The access to some of the information of the Website is subject to a Subscription Agreement also provided in this User Agreement.

The Company does not have possession of anything listed or sold through the Website, and is not involved in the actual transaction between any buyer and seller. The contract created by executing any transaction only binds the subscriber buyer (or the company they represent) and the subscriber seller (or the company they represent). The Company facilitates trading by advertising products or by advertising the interest in products only. Please refer to the Company’s Subscriber Agreement for further information.

While we may provide pricing, postage, listing and other guidance about what is advertised in the Website, such guidance is solely informational and you may decide to follow it or not. The Company does not review users' listings or content. While we may help facilitate the resolution of disputes, the Company has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

 

Using the Website

In connection with using or accessing the Website you will not:

  • post, list or upload content or items in inappropriate categories or areas on our sites;
  • breach or circumvent any laws, third party rights or our systems or policies;
  • sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
  • use our Website if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Website;
  • fail to pay for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller (see our unpaid item policy);
  • fail to deliver items sold by you, unless you have a valid reason as set out in the Company policy, for example the buyer fails to comply with the terms posted in your listing, or you cannot contact the buyer;
  • manipulate the price of any item or interfere with any other user's listings;
  • post false, inaccurate, misleading, defamatory, or libellous content;
  • take any action that may undermine the Feedback or ratings systems (please see our rules about Feedback);
  • transfer your account (including Feedback) and user ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • use the contact information of other users for any purpose other than in relation to a specific transaction in the Website (which includes using this information to send marketing materials directly to the Company users unless the user has given explicit consent to receiving these materials);
  • distribute viruses or any other technologies that may harm the Website, or the interests or property of the Company and Company users;
  • use any robot, spider, scraper or other automated means to access our Website for any purpose.
  • bypass our robot exclusion headers, interfere with the working of our Website, or impose an unreasonable or disproportionately large load on our infrastructure;
  • export or re-export any of the Company’s application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
  • copy, modify, or distribute rights or content from our Website or the Company's works of authorship, designs and trademarks;
  • copy, reproduce, reverse engineer, modify, create derivative works from, distribute, perform or publicly display any content (except for your information) from our Website without the prior express written permission of the Company and the appropriate third party, as applicable; 
  • commercialise any of the Company application or any information or software associated with such application;
  • harvest or otherwise collect information about users, such as email addresses, without their consent; or
  • circumvent any technical measures we use to provide the Website.

If you are registering with the Company as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on the Website, you must comply with all applicable laws relating to online trading in the country you are based.

You agree that we will commence supplying our Website to you as soon as you accept this User Agreement. You can cancel this User Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. We may recoup the cost of any Website provided up to the point of cancellation.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Website.

 

Abusing the Website

Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to the Website offered by the Subscription Agreement. The Company might also restrict or prohibit access to the activity in the Website which might include: cancel bids, remove or demote listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Website if:

  • we think that you are creating problems or possible legal liabilities;
  • we think that such restrictions will improve the security of the Company community or reduce our or another Company user's exposure to financial liabilities;
  • we think that you are infringing the rights of third parties;
  • we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
  • despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
  • you fail to make full payment of any fees due for our services by your payment due date.

When a buyer or seller issue arises we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do the right thing for both buyers and sellers.

 

Explanation

The website offers information and advertisements (the “Information”) regarding the vintage vehicle market. Some of the Information provided is available to the general public following the Company’s User Agreement. There is some Information available to the subscribers only. The access to the Subscribers’ Information is regulated by this agreement.


Subscribers

Unless they have agreed something different between the Website user and the Company, Subscribers are Website users who have agreed to give their email address and could be subject to commercial emailing from Pursuit Classics Ltd only in terms of a newsletter and other offers the Company can propose to the Subscriber. Non-subscriber users may not get access to some Information of the Website.

On the Website there can be different users based on their regular location, the person or entity they represent and the taxes that they might be subject in order to transact in the motoring vehicle market. 

All Subscribers get access to the same information but the fees may differ between countries, currencies and/or any other commercial or legal reason the Company decides to impose.

The Website facilitates transactions between buyers and sellers by advertising products on the Website to other Subscribers and non-subscribers users. Only subscribers can purchase and offer items on the Website.

Purchasing and offering items on the Website is subject to certain fees according to the Company’s Fee Schedule.

Some information regarding items from the marketplace will be available to the general public. The full Information about an item for sale is only available to Subscribers including the price of any item.

The user has to be a Website Subscriber in order to be able to acquire an item or to post an advertisement with an item for sale or to post an advertisement with the intention to buy an item.

The Company may or may not use auctions for some or all items as a direct sale process too. To be able to show a bid on those auctions for any item, the user will have to be a Subscriber.

Purchasing and offering items on the Website is subject to certain fees according to the Company’s Fee Schedule no matter if it is done on a direct sale or an auction.

 

Restricted Information

The Website, in order to improve the services it provides, will offer restricted Information only to the Subscribers. The restricted Information may vary over time based just based on the criteria of the Company.

Any subscriber will have access to all the Information available on the Website at anytime, once the user is logged in to the Website using their unique username and password.

Any change in the restricted Information will only affect users non-subscribers of the Website.

 

Access

Every Subscriber will require a username and password to access the website restricted Information. The Company recommends every subscriber to protect its password in every possible way. Different ways to protect the password includes using capital letters, symbols, … change the password periodically, etc

Please never share a password with any other person.

Lack of diligence from the subscriber managing its password cannot be liable to the Company. Please refer to the Company Privacy Policy for more information.

 

Listing Conditions

When listing an item, you agree to comply with the rules for listing and selling practices policy and that:

  • you are responsible for the accuracy, content and legality of the item listed and agree to list in accordance with the prohibited and restricted Items policy;
  • your listing may not be immediately searchable by keyword or category for up to 24 hours. the Company does not guarantee exact listing durations;
  • content that violates any of the Company's policies may be deleted at the Company's discretion;
  • where your listing appears in search and browse results may be based on certain factors such as listing format, title, bidding activity, end time, keywords, price and postage cost, Feedback, the Company policy compliance and detailed seller ratings. Learn more about finding an item you listed for sale;
  • the Company's duplicate listing policy may also affect whether your listing appears in search results;
  • Meta-tags and URL links that are included in a listing will be removed or altered so as to not affect third party search engine results; 
  • We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your listings to other sellers;
  • some optional upgrade features will only be visible on certain Website.

Accordingly, to drive a better user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.

 

Purchase Conditions

When buying an item from a seller, you agree to comply with the rules and that:

  • you are responsible for reading the full item listing before making a bid or commitment to buy;
  • you enter into a legally binding contract to purchase an item when you commit to buy an item, or if you have the winning bid (or your bid is otherwise accepted);

When selling an item to a buyer, you agree to comply with the rules and that:

  • you are responsible for reading the full item listing before making an offer or commitment to sell;
  • you enter into a legally binding contract to sell an item when you commit to sell an item.

 

International buying, selling and translation

Sellers and buyers are responsible for complying with all laws and regulations applicable to international sales, purchases, relevant taxes and postage of items.

You authorise us to use automated tools to translate your content and Subscriber-to-Subscriber communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools, which will enable you to translate content at your request. The accuracy or availability of any translation is not guaranteed.

 

Fees Schedule

Unless any other schedule is agreed between the Company and the user of the Website, this is the agreement between the Company and the user.

There will be no fees for listing items on the Website marketplace. The success of any transaction will imply a fee payment to the Company on the basis the Company is advertising products on the Website and help users by promoting their products on the Website.

The registered user who is the buyer of a product will get charged no more than 15 per cent of the total cost of any transaction, which usually should be included in the final price paid, but can be as low as 5 per cent depending on the product they purchase from the Website.

The registered user who is the seller of a product will get charged no more than 10 per cent of the price they agree to sell the product for, which may be deducted when receiving the money from the Company after a transaction is agreed. This amount can be as low as zero per cent depending on the product it is for sale.

It is on the Company total discretion to decide which percentages are charged to each party of the transaction, based on the different nature of product and the inherent impossibility to standardize such a unique circumstances beforehand. Please feel free to write any concern to This email address is being protected from spambots. You need JavaScript enabled to view it. 

As a reference this chart will operate as general guide for the different users taking into account the different sections of the website marketplace:

  Buyer Seller
Vehicle 5% 5%
Part 10% 5%
Memorabilia 15% 10%

 

We charge fees for our advertising and consulting services the Website provides to users.

We may change our fees, or introduce new fees from time to time by posting the changes on the Website or via direct message to the registered user(s) email 30 days in advance. You may close your account without penalty within 30 days of such notice being given.

You are required to have a payment method on file when selling on the Website. If your payment method fails or your account is overdue, we may collect fees owed by charging other payment methods on file and retaining collection agencies or legal counsel.

 

Content

When providing us with any content, you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content (including without limitation, creating and using derivative works) and you authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees or our assignees. We may offer, license or otherwise make available for your use catalogues of stock images, descriptions, product specifications, and other content, which may be provided by third parties (including the Company users). You may use such catalogue content solely in connection with your the Company listings during the time your listings are on the Company's sites. That permission is subject to modification or revocation at any time at the Company’s sole discretion.

While we try to offer reliable data, we cannot promise that catalogue content will always be accurate and up-to-date, and you agree that you will not hold our catalogue providers or us responsible for inaccuracies. If you choose to include catalogue content in your listings, you continue to be responsible for ensuring that your listings are accurate, do not include misleading information and fully comply with this User Agreement and all the Company policies. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).

 

Liability

We try to keep the Company and its Website safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Website. Bid update and other notification functionality in the Company's Website may not occur in real time. Such functionality is subject to delays beyond the Company's control.

We (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:

  • your use of or your inability to use our Website;
  • pricing, postage or other guidance provided by the Company;
  • delays or disruptions in our Website;
  • viruses or other malicious software obtained by accessing, or linking to, our Website;
  • glitches, bugs, errors, or inaccuracies of any kind in our Website;
  • damage to your hardware device from the use of the Website;
  • the content, actions, or inactions of third parties, including items listed using our Website or the destruction of allegedly fake items;
  • a suspension or other action taken with respect to your account or breach of the Abusing the Company section;
  • the duration or manner in which your listings appear in search results as set out in the Listing conditions section; or
  • your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.

You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.

Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the Internet is difficult. The Company cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information that they provide to us or post on our sites.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the Company Money Back Guarantee up to the price the item sold for on the Company and its original postage costs, (b) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) £100.

Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

 

Compensation

You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of the Website or your breach of any law or the rights of a third party.

 

Legal Disputes

If a dispute arises between you and the Company, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Support on This email address is being protected from spambots. You need JavaScript enabled to view it.. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of England and Wales. You and the Company both agree to submit to the exclusive jurisdiction of the English Courts.

 

General

If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.

Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement. 

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

We may amend this User Agreement at any time by email or by posting the amended terms on the Website. All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Website after the effective date of these amended terms constitutes your acceptance of them.

This User Agreement may not be otherwise amended except through mutual agreement by you and a Company representative authorised to do so.

The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Company site.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.

The Company runs a Verified Rights Owner programme in order to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify us immediately and we will investigate them.

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