Trust Policy

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Last updated: 25th May 2018

Terms and Conditions

NOTICE: These terms and conditions (“Terms and Conditions”) contain important legal information and describes the terms and conditions applicable to the HBC online auction services available at http://hbc.co.uk/trust.html. In order to access online auction services provided by HBC Vehicle Services Ltd. (sometimes referred to herein as HBC, auctioneer, we, us or our), you must be a registered user and agree to be bound by these Terms and Conditions.

  1. The HBC online auctions website is an online auction venue and trade outlet for primarily salvage or total loss vehicles. Accordingly, prospective buyers are strongly advised to avail themselves to the opportunities given to personally inspect the Lots and/or seek professional guidance before the online auction. No warranty is given in relation to quality, safety or use or any other characteristic regarding the Lots. “Lot” and “vehicle” are interchangeably used herein to refer to vehicles or parts entered for sale.
  2. To bid on our facility you agree that you are a trade buyer and as such you agree that it is reasonable that the auctioneer may restrict and/or exclude liability in the manner set out below.
  3. Personal and cherished registration numbers do not form part of any Lot unless expressly stated.
  4. Bidding is subject to registration, receipt of your registration fee and acceptance of the terms and conditions of usage. You are responsible for all actions taken under your user ID. Your user ID is not transferable and you should not allow others to use it. The auctioneers reserve the right to terminate or suspend your account at any time and without notice or cause if it is suspected that you have engaged in, or have in any way been involved in or linked to any activity which is prejudicial to the auctioneer, this website or proper conduct of an online auction.
  5. Any auctions conducted are subject to the Auctions (Bidding Agreements) Act 1927 and Auctions (Bidding Agreements) Act 1969 (where applicable). Copies are available at the auctioneer’s registered office. You may also view the regulations via the HM Stationary Office website.
  6. All images/descriptions are the copyright of the auctioneers or the sellers and may not be reproduced without written consent.
  7. By submitting a bid, a prospective buyer (sometimes referred to herein as bidder, buyer, you, he/it) agrees to be bound by these Terms and Conditions. It is the responsibility of the prospective buyer to check our Terms and Conditions each time they wish to bid or access this website.
    1. The auctioneers sell as agents for the seller except where they wholly or partly own any Lot as principal.
    2. Where an image of the Lot is available, it merely provides a visual depiction of the Lot and you should not rely upon the image as providing in any way an accurate or full depiction of the state or condition of the Lot whether at the time of sale or at any time after the photograph is published.
    3. Bidders for any ABI category B (breakers) Lots are required to produce prior to auction all necessary licences for the transport and dismantling of the Lot. Such ABI Category B items must NEVER be repaired and must not be re-registered in the UK.
      • 3.1 [UK Buyers] If you intend to buy a Cat B vehicle you must provide us with proof of an up to date Waste Management Licence and an EA ATF registration number.
      • 3.2 [UK Buyers] Cat B vehicles sold to UK buyers are on the stipulation that the vehicle is broken for spare parts (in line with the current ABI Code of Conduct), the bodyshell crushed or destroyed and the necessary Certificate of Destruction issued.
      • 3.3 [UK Buyers] Cat B vehicles that are sold to UK buyers must NEVER be repaired and returned to the road. We reserve the right to impose a lifetime ban against you if it is proven that you have contravened this requirement. Additionally, should a Cat B vehicle be repaired, by you or a third party, and returned to the road we reserve the right to repossess the vehicle (at no additional cost to HBC).
    4. All Lots are sold with all faults and imperfections and errors of description. Buyers should satisfy themselves prior to sale as to the origin, description, suitability, age, durability, completeness, operability, mileage, state and condition of each Lot and should exercise and rely on their own judgment as to whether the Lot accords with any description and/or suitability for the buyer's purpose. None of the seller, auctioneers, their servants or agents is responsible for errors of description or for the genuineness or authenticity of any Lot, no warranty is given by the auctioneers, their servants or agents or by any seller to any buyer in respect of any Lot, and any express or implied or statutory conditions or warranties are excluded to the maximum extent permitted in law.
    5. Inspection of the Lot should be made by prior consent of the auctioneers or the seller.
    6. The auctioneers shall have the right, at their discretion, to refuse admission to their premises by any person. Every person on the auctioneers premises or storage sites shall be deemed to be there at his own risk and with notice of the condition of the premises/storage site and the working environment of the premises/storage site. No person under the age of 16 will be allowed on to the storage sites. Please note that the storage sites are working environments and may have uneven surfaces and other hazards. Visitors are responsible for wearing high visibility jackets and suitable footwear. Save in the case of personal injury or death caused by the negligence of the auctioneers, their agents or servants such persons shall have no claim against the auctioneers in respect of any injury loss or damage sustained which may occur from any cause whatsoever.
    7. The auctioneers have absolute discretion without giving any reason to refuse or reject any bid, to withdraw any Lot from the auction and in case of dispute to put up any Lot for auction again. No responsibility is accepted by the auctioneers for any loss or costs incurred in respect of any action taken by the auctioneers under this condition.
    8. The seller or the auctioneers may place a reserve price (ie a hidden minimum selling price) on any Lot. The winning bidder must meet or exceed the reserve price and have the highest bid. A bidder has a legal obligation to complete a transaction with the seller if at the end of the auction the bidder is the highest bidder and the bid (ie offer to purchase) has been accepted by the seller (a “successful bid”). Certain sellers may take up to 24 hours to determine a successful bid.
    9. By making a bid the buyer (i) agrees to be bound by these Terms and Conditions; (ii) warrants and represents that he/it has the legal right to do so and that a successful bid will create a legally binding contract; and (iii) has a legal obligation to complete a transaction with the seller if at the end of the auction the bidder is the highest bidder and the bid is accepted by the seller.
    10. Subject to these conditions, the highest bidder shall be the buyer. Any dispute as to any bid shall be settled at the auctioneer’s absolute discretion.
    11. Payment of non-refundable administration fees
      • 11.1 Immediately when a successful bid is made on-line:
        • 11.1.1 Where the net value of the vehicle is £100 or less then the full amount plus VAT, if applicable, plus our charges plus VAT will be debited to the buyer's registered credit/debit card; or
        • 11.1.2 Where the net value of the vehicle is £100 - £2499.99 then a non-refundable administration fee of £100 per vehicle will be debited to the buyer's registered debit/credit card. Where the net value of the vehicle is over £2,500 then a non-refundable administration fee of £250 per vehicle will be debited.
      • 11.2 Failure of non-refundable administration fee
        • 11.2.1 If the non-refundable administration fee cannot be applied then the bidder’s account may be suspended and full payment for the Lot must be received before the account is reactivated.
        • 11.2.2 Where there is a change of debit/credit card or you are issued with a new one, it is your responsibility to update the card details on your account. This must be done online and you will be charged a fee of £5.00+VAT .
    12. By prior arrangement with the auctioneer, payment of any outstanding monies for auctions may be made as follows:
      • 12.1 cash; or
      • 12.2 banker's draft; or
      • 12.3 direct bank transfer; or
      • 12.4 credit/debit card.
    13. The ownership of the Lot purchased shall not pass to the buyer until he/it has made payment in full to the auctioneers of the purchase price with cleared funds. Risk in the Lot passes to the buyer as soon as the Lot is sold. You are strongly advised to ensure that adequate insurance is on risk since neither the auctioneers nor their servants or agents shall be responsible for any loss or damage of any kind, whether caused by negligence or otherwise, while any Lot is in their custody or under their control following the sale.
    14. The buyer shall at his own expense take away the Lot purchased not later than 2 working days following the day of the auction but not before payment has been made, in cleared funds, for the full purchase price. If the Buyer fails to collect the Lot as provided in this clause the auctioneer may store and insure the Lot pending collection, and the buyer will pay any storage and insurance charges at the auctioneer's then applicable daily rate.
    15. The auctioneers may accept bids from parties unable to place bids online. The auctioneers accept no responsibility in connection with the commissioning of their staff to bid for any Lots.
    16. The buyer of any Lot is responsible for complying with all legal requirements as to the construction and use of that vehicle and for obtaining all certificates, permits or other authorisations necessary before that vehicle can be used on any road or elsewhere. Likewise the buyer takes responsibility to comply with all applicable guidelines, regulations and legislation should a vehicle be broken for spare parts or exported. Failure to do so may also mean that a buyer will be banned from future bidding or purchases.
    17. If any Lot is not paid for in full and taken away in accordance with the above conditions, or if there is any other breach of these conditions, the auctioneers (as the agents of the seller where appropriate) shall in addition to any other rights they may have, be entitled to exercise one or more of the following rights or remedies (notwithstanding that title has not passed), that is to say:
      • 17.1 Forfeit any deposit paid;
      • 17.2 Forfeit of registration fees and terminate your registration or any further attempts to re-register.
      • 17.3 To proceed against the buyer for damages for breach of contract;
      • 17.4 To rescind the sale of that or any other Lot sold to the defaulting buyer at the same or any other auction;
      • 17.5 To resell the Lot or cause it to be resold by public auction or private sale. The defaulting buyer shall then pay to the auctioneers any resulting deficiency in the purchase price at the first auction after deduction of any part payment and addition of resale costs. Any surplus shall belong to the seller.
      • 17.6 To charge interest at a rate not exceeding 2% per month on the purchase price to the extent that it remains unpaid for more than 2 working days after the day of the auction;
      • 17.7 To retain that or any other Lot sold to the same buyer at the same or any other auction and release it only after payment of the purchase price;
      • 17.8 To reject or ignore any bids made by or on behalf of the defaulting buyer at any future auction or cancel the defaulting buyer's auction registration or to obtain a non-refundable holding fee for accepting any bids in future;
      • 17.9 To apply any proceeds of sale then due or at any time afterwards becoming due to the defaulting buyer towards settlement of the purchase price
    18. Where the buyer has obtained possession of a Lot before payment in full has been made, the buyer acknowledges and declares that he holds the Lot (and each of them) on as mere bailee for the seller/auctioneer (as the case may be) and shall store the Lot (at no cost to the auctioneer/seller) clearly marked to identify it as the auctioneer's/seller's property and grants the auctioneer the right to enter upon any premises where the Lot is located or believed to be located for the purposes of recovering the Lot.
    19. The buyer shall pay administration charges comprised of a sale administration fee to the auctioneer's prevailing rate (plus any VAT) on the Lot's gross purchase price, an internet bidding fee (plus VAT) and loading fee (plus VAT)
    20. VAT or any other tax on supplies will be charged at the prevailing rate.
    21. The auctioneers do not guarantee that with respect to any and all bids submitted/commissioned by telephone, electronic means acceptable to the auctioneers or on-line that such will be conducted fault free or will have continuous operability or service.
    22. To the maximum extent permissible in law, in no event shall the auctioneers, nor any of its directors, servants, parents, affiliates, agents or other representatives be liable for any special, incidental, indirect or consequential damages whatsoever, including without limitation damages for loss of profits or any other pecuniary or other loss whatsoever, whether arising in contract, tort (including negligence) breach of statutory duty, or otherwise, arising from or in connection with the website or online auction services, or the use, misuse, or inability to use our website, or otherwise under or in connection with any of these Terms and Conditions.
    23. Subject to all indemnities, exclusions and limitations as set out in these Terms and Conditions, the auctioneer’s (and its directors, servants, parents, affiliates, agents or other representatives) maximum aggregate liability under or in connection with the website, the online auction services or these Terms and Conditions will in no circumstances exceed the amount of any sums paid or payable in accordance with the auctioneer’s schedule of administrative charges.
    24. You shall indemnify and keep indemnified the auctioneer (and its directors, servants, parents, affiliates, agents or other representatives) from and against any and all loss, damage, liability, cost and expense (including legal fees on a full indemnity basis) suffered or incurred by the auctioneer resulting from or in connection with your breach of these Terms and Conditions.
    25. No agent or staff of the auctioneers has the authority to vary or agree any variations to these Terms and Conditions.
    26. Except as expressly provided herein, these Terms and Conditions are not intended for, nor shall they be for the benefit of or enforceable by any third party and the provisions of the Contracts (Rights of Third Parties) Act 1999 are specifically excluded.
    27. Our current privacy policy covers our use of any information that you provide. In using our services you acknowledge and agree to be bound by the terms of our privacy policy.
    28. The Lots are offered for sale within the UK and these conditions shall be governed by and construed in accordance with English law in the English Courts. All transactions to which these conditions apply and all connected matters shall also be governed by English law.
  8. We have developed a comprehensive privacy program designed to respect and protect your data privacy rights. Please see our Privacy Notice.
  9. For detailed information on the types of cookies we may collect, and to control cookie settings and/or to disallow, delete and otherwise manage the cookies, please Cookie Policy above for additional information about the different types of cookies used (e.g., strictly necessary, performance, functional, targeting) and your options for settings controls..

Privacy Notice

HBC Vehicle Services Ltd. (“HBC” or “we”) has developed a comprehensive privacy program designed to respect and protect your data privacy rights. This Privacy Notice explains what information, including any personal information, we collect through our Internet websites located at http://www.hbc.co.uk/ and all subdomains thereof (the “Sites”) and any services, content or functionality available through or on the Sites and any mobile applications (collectively, together with the Sites, the “Service”), and how we use that information.

Data Controller

For the purposes of applicable data protection law, the data controller is HBC Vehicle Services HBC Vehicle Services Ltd. HBC House Charfleets Road Canvey Island SS8 0PQ.

Information We Collect

In general, you can visit our Sites without telling us who you are or revealing any personal information about yourself. In fact, we encourage anonymous surfing so that you can research remarketing solutions, help streamline business communications and other processes. You can also log in to research vehicles. During this process, there are times when we may need and request information from you so that we can better serve you. We may also receive information from other sources.

Information we collect may include the following:

  • Name and job title
  • Contact information including email address and telephone
  • Demographic information such as postcode, preferences and interests
  • Information relevant to customer surveys and/or offers
  • Information provided to us through forms and other inputs on the Sites
  • Technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, mobile location information
  • Information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site including date and time, vehicles you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number

Mobile applications may also disclose certain permissions for certain device settings such as CAMERA, RECORD_AUDIO, READ_PHONE_STATE, GET_ACCOUNTS and READ_CONTACTS.

How We Use Your Information

We may use this information to provide you with products and services as well as for the following purposes:

  • Internal record keeping
  • Improvement of our products and services
  • Customisation of the Sites per your interests
  • Periodic promotional emails about new products, special offers or other information
  • To contact you via the contact methods you provide for market research purposes or in relation to your account.

Basis for Processing

We rely on the following legal basis for processing your personal information:

(i) legitimate interests to market to customers and conduct analytics; and necessary for the performance of a contract, with some processing based on (ii) consent, such as electronic direct marketing.

Disclosure of Information to Third Parties

In connection with the purposes set out above, we may share your information with:

  • Any member or affiliate of our group
  • Selected third parties, including:
    • business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you;
    • analytics and search engine providers that assist us in the improvement and optimisation of our site; and
    • parties based outside of the European Economic Area (for example, our parent company in the United States) under a transfer mechanism(s) used to legitimate such transfers (e.g. model contractual clauses).

We may also disclose your information to third parties:

  • To provide needed information to our agents, partners and contractors who may provide products and/or services to you
  • As necessary to support transactions
  • In the event that we sell or buy any business or assets, in which case we will disclose your information to the prospective seller or buyer of such business or assets
  • If we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply any of our terms and conditions and other agreements
  • To protect our company’s (including its affiliates and their respective employees, sub-contractors, agents, and customers) rights, property or safety including, but not limited to, exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Protecting Your Information

We are committed to protecting the information entrusted to us. We have implemented reasonable and appropriate physical, electronic and administrative procedures to safeguard this information from loss, misuse, unauthorized access or disclosure, alteration and destruction.

Storing Your Information

The information that we collect from you is stored on our secure servers. It shall be stored for as long is as reasonable necessary for the purposes for which it was collected.

Cookie Policy

Some pages within the Sites may use a technology called "cookies". A cookie is a token that a server gives to your browser when you access an Internet website. Cookies are capable of storing many types of data. Cookies can help provide additional functionality to the Sites or help us analyze site usage more accurately. Information gathered from the use of cookies may be combined with other data sources to identify you.

We use cookies to personalise content and internal ads, to provide social media features and to analyse traffic to the Sites. We also share information about your use of the Sites with our social media, advertising and analytics partners. We are the controller for information collected via the Site cookies except for information collected via targeting/advertising cookies which are controlled by applicable third parties.

We may, from time to time, and subject to our Privacy Notice, use technologies similar to cookies, including web beacons, pixel tags, flash objects, location tracking and/or third party widgets for purposes of enhancing your web or mobile experience and/or for purposes of allowing you to share information on another platform, such as a social media platform.

For more information on the types of cookies we collect, to control cookie settings and/or to disallow, delete and otherwise manage the cookies, please visit our “Privacy Preference Centre” with additional information about the different types of cookies used (e.g., strictly necessary, performance, functional, targeting) and your options for settings controls. You may also send an email to Privacy@hbc.co.uk.

Consent

Please note that e-privacy rules require us to obtain your prior consent before sending any electronic direct marketing by email, SMS or text messaging. In addition, you have the right to withdraw your consent to direct marketing and/or object to it.

Third Party Links

We may provide links to third party Internet sites strictly as a service to you. We are not responsible for the privacy practices of third party Internet sites. If you leave the Sites, you should be sure to read the privacy notice of each Internet site that you visit.

Transfer of Personal Information from EEA and Switzerland

We will store your personal information within the European Economic Area.

On occasion, we may send data to Canada for technical support purposes. Canada has data privacy protections that are currently deemed adequate by the European Commission. If we have to share your personal information outside of the European Economic Area to a country with data privacy protections that are deemed inadequate by the European Commission (for example, with our parent company in the United States) we plan to do so under a transfer mechanism(s) used to legitimate such transfers (e.g. model contractual clauses).

Changes to this Privacy Notice

It is our policy to post any changes we make to our Privacy Notice on the Sites. If we make material changes to how we treat the personal information that falls within the scope of this Privacy Notice, we will notify you by email to the email address specified in your account or through a notice on the Site. The date that this Privacy Notice was last revised is identified at the top of the page. Please periodically visit the Site and this Privacy Notice to check for any changes.

Your Rights in Relation to Your Personal Information

You have various rights under data protection law regarding the processing of your personal information, including rights to the following:

  • request access to personal information we hold about you and details of our processing of your personal information;
  • request us to correct inaccurate personal information;
  • request us to delete personal information in certain circumstances;
  • receive your personal information in a format suitable for transmission to a third party;
  • object to and/or restrict the processing of your personal information (including profiling) on certain grounds;
  • object to the processing of your personal information for direct marketing;
  • object to any decision about you based solely on automated processing (including any profiling) that produces legal effects or otherwise significantly affects you; and
  • lodge a complaint with the UK Information Commissioner’s Office.

Subject Access Requests

You can make a request to us in relation to these rights at any time by writing to us at the following local address: Data Privacy Manager, HBC Vehicle Services Ltd. HBC Vehicle Services Ltd. HBC House Charfleets Road Canvey Island SS8 0PQ. You may also send an email to Privacy@hbc.co.uk or submit a Subject Access Request. Any information to which you are entitled will be provided within a reasonable timeframe, subject to the exemptions stipulated in applicable data protection laws.

Subject Access Requests

You can make a request to us in relation to these rights at any time by writing to us at the following local address: Data Privacy Manager, HBC Vehicle Services Ltd. HBC Vehicle Services Ltd. HBC House Charfleets Road Canvey Island SS8 0PQ. You may also send an email to Privacy@hbc.co.uk or submit a Subject Access Request. Any information to which you are entitled will be provided within a reasonable timeframe, subject to the exemptions stipulated in applicable data protection laws.