Terms & Conditions

1. Introduction

1.1. Our Terms and Conditions. By using the Drivenbid website and services you agree to comply with (and to be legally bound by) these Terms & Conditions’, the Cookie & Privacy Policy and all policies its website. These Terms and Conditions are required to be agreed to before using the site vehicle auction facility.

1.2. We may amend these Terms and Conditions. Each time you use bid on or auction a vehicle, check these Terms and Conditions to you understand terms that apply at the time.

2. Drivenbid.com is a website (site) owned, operated and maintained by Drivenbid

3. Drivenbid allows private & trade seller to advertise specialist cars online by auction and for prospective buyers to browse, bid on and buy these vehicles.

3.1 Drivenbid does not hold the title of any Vehicle, does not inspect any Vehicle nor does it have possession of any Vehicle auctioned or sold through its site

3.2 Drivenbid is not party to or involved in the transaction or the contracting process of buying or selling between buyers and sellers.

3.3. Drivenbid is not the seller's agent.

2.3.4. While Drivenbid may help dispute resolution between buyers and sellers, Drivenbid does not guarantee the existence, quality, safety or legality of Vehicles advertised; the truth or accuracy of users' content, the ability of buyers to pay for Vehicles; or that a buyer or seller will complete a Vehicle sale and purchase transaction.
3. Using the Drivenbid Marketplace
3.1. Your obligation to maintain the integrity of the Drivenbid site.
3.1.2. You must not give false, inaccurate, misleading, defamatory, or libellous statements or descriptions,  nor use the Drivenbid website for fraudulent purposes, or in connection with any unlawful activities.
3.1.3. You must not use the Drivenbid site that would threaten, abuse, harass or invade the privacy of, or cause annoyance, inconvenience or anxiety to any other user.
3.1.4. You must not create false impression, use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a message or yourself as the user of Drivenbid’s site.

3.1.5. You must not infringe copyright, trademark, patent, database or other intellectual property rights that belong to or are licensed to Drivenbid.
3.1.6. You must not use Drivenbid's site for any purpose that is unlawful under anyapplicable law or prohibited by these Terms and Conditions, our systems or policies.
3.2.7. Use of our Services is limited to parties that can lawfully enter into and form contracts under law. You must not use tye site Services if you are unable to form legally binding contracts
3.2.3. If you are a buyer bidding on a Vehicle, you must provide a valid payment card for our collection of commission payment charged in accordance with the Terms and Conditions
3.2.4. If you are a seller listing on the Drivenbid site, you represent and warrant that you are the legal owner of the Vehicle, are free to sell the Vehicle listed on the Drivenbid site and the sale of the Vehicle conforms in every respect with the terms, if any, implied by the Sale of Goods Act 1979 and the Consumer Rights Act 2015.

3.2.5. If the Vehicle has outstanding finance this must be confirmed prior to listing. The seller must provide details of the finance company and outstanding finance amount to the buyer, as reasonably required, within a reasonable time-frame, to enable the buyer to discharge the outstanding finance directly with the finance company. The amount of any such payment by the buyer to the finance company shall constitute payment by the buyer to the seller of the same amount towards settlement (in whole or in part) of the buyer’s highest bid.
3.2.6. If you register an account as a Trade Seller, you must comply with all applicable laws relating to online trading.
3.3. Registering an account with us. You will need your own Drivenbid account to to both bid on or auction (sell) a vehicle, be required to be logged into the account, have a valid payment method associated, and complete any required forms:
3.3.2. You are responsible for ensuring details provided are correct and complete, and for informing us of any changes to the information you have provided.
3.3.3. We have the right to disable any user password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any provisions of these Terms and Conditions.
3.3.4. We are not responsible for any loss or damage (including misdirected emails or deliveries) which may occur if you did not provide complete or accurate detail
3.4.2. You are not entitled without the express consent of Drivenbid to transfer your account to a third party, and/or enable third parties to access your user account using your login details.
3.4.3. You are responsible for maintaining the confidentiality of your account and password to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password.
3.4.4. We are not responsible for and you shall indemnify us against loss or damage which may occur from unauthorised use of your username, current email address or password.
3.5. You may not close your account while you are the highest bidder on an Auction. You can request to close your account at most other times by emailing us at info@drivenbid.com. Notice of termination of your account must be given in writing, by email.
3.7.1. Cancellation instructions apply to the contract between you and Drivenbid for the provision of our Services. It does not apply to the cancellation of any contract to purchase a Vehicle.
3.7.2. You have the right to terminate your contract with Drivenbid within fourteen 14 calendar days of the conclusion of the contract. Conclusion of the contract between you and Drivenbid occurs when you first register an account, agree to these Terms and Conditions or begin using the Drivenbid Marketplace, whichever occurs first. This clause 3.7.3 does not apply to the underlying contract of sale and purchase between buyer and seller.
3.7.4. You acknowledge and agree that, as a buyer, Drivenbid completes its Services to you immediately upon you placing a winning bid. It is not possible for you to cancel a contract of a Vehicle purchase at the end of an auction and you waive any statutory entitlement that you may otherwise have to cancel the contract on the basis that the service has been provided in full and you have consented to the provision of services.

3.7.5 On closuer of an auction having achieved or surpassed the sellers reserve price, Drivenbid will supply (private buyer only) a third party Vehical Report (CarVertical or equivalent or similar). The buyer is responsible for understanding the content of such report and within the 7 days of the sale to be completed with payment to the seller & collection of the vehicle. Should anything material be identified as failing to be declared in the auction listing description, the buyer can notify Drivenbid within the 7 days of the auction ending.

3.7.6 If Drivenbid accepts material factor, omission, misdisription or otherwise, the buyer will have the right to rescind their bid offer should they so choose. Driven bid will refund the buyer 90% of the auction commission fee paid, retaining 10% for administrative charges.
3.7.7. The following sections survive any termination of these Terms and Conditions: Fees and Payments, Our Liability to You, Content on the Drivenbid site, Your Privacy and Personal Information and General Provisions.

4. If You Abuse the Drivenbid site
4.1. Our rights as site providers. In our sole discretion and without limiting other remedies, we reserve the right to:
4.1.1. limit, suspend, or terminate your user account  to our Services (without notice)
4.1.2. suspend or prevent your access to, and your activities on, the Drivenbid site,
4.1.3. cancel any bids,
4.1.4. remove or demote or otherwise restrict the visibility of a listing,
4.1.5. remove or edit any hosted content that breaches or circumvents any applicable laws,
applicable contractual provisions, guidelines, policies or these Terms and Conditions,
4.1.6. remove any special status associated with your account(s),
4.1.7. subject you to the application of fees and recovery of our expenses for introducing a buyer (even if the Vehicle does not sell),
4.1.8. invoice you for costs incurred by Drivenbid,
4.1.9. reduce or eliminate any discounts, and take steps to keep you from using our Services (without refunding any or all applicable fees),
4.1.10. refuse any Services or terminate your account if your behavior gives justified reason to do so, if, acting reasonably:
4.1.11. we think that you are creating problems or possible legal liabilities for us, our users,
suppliers or other third parties;
4.1.12. we think that you are infringing the rights of third parties;
4.1.13. we think that you are acting inconsistently with the letter or spirit of these Terms and
Conditions or our policies, or you abuse our employees or users;
4.1.14. despite our reasonable endevors, we are unable to verify or authenticate any information you provide to us; or
4.1.15. you fail to make, or it is evident that you are unable to make full payment of any fees due for our Services by your payment due date.
5. Listing Conditions
5.1. Registering your Vehicle. To list a Vehicle you must first register the Vehicle with us. Drivenbid will consider the proposed Vehicle and confirm with you if the Vehicle is accepted for listing on the Drivenbid site. When registering a Vehicle:

5.1.1. You agree to submit to Drivenbid the Vehicle information, including a quality video and photos of proof of ownership and finance of the Vehicle, as applicable, history and a confirmation that there are no charges or other encumbrances over the Vehicle, as requested. Further information can be found in our FAQs and our Auction Seller and Adverts sections.
5.1.2. You confirm and agree that you will transfer legal ownership to the buyer.
5.2. Describing your Vehicle. It's important you provide complete and accurate details of the Vehicle you are listing. While we may assist you in creation of your listing, you take sole responsibility for the factual accuracy, content and legality of, and for any judgments or opinions expressed in the listings, and for any error, misstatement or omission of information in the relevant listing description, including any descriptions of the condition, authenticity and quality of the Vehicle. When listing a Vehicle, you agree that:
5.2.1. You will ensure that the description of the Vehicle is fair, honest and not misleading. Drivenbid retain the right to ask for further information before publishing a listing;
5.2.2. You will specify the condition of the Vehicle and explain any defects or flaws on the Vehicle. When selling flawed Vehicles, you will include close up image/video of the flaws.
5.2.3. You will declare if there is any Outstanding Finance;
5.2.6. You will notify us if there is anything in any of the listings on the Drivenbid site which you (or any Vehicle owner on whose behalf you act) are aware is, or may be, inaccurate or incorrect or, incomplete in any material respect. You must notify us in writing by email to info@drivenbid.com. If you notify us in writing of any amendments to the description after a listing has been published, we will use our reasonable endeavors to announce these amendments in the comments section.
5.2.7. To the extent permitted by applicable laws, Drivenbid has no duty to either seller or buyer to investigate the accuracy of the description of any listing provided by or on behalf of the seller. You agree that Drivenbid is not responsible for examining or warranting any Auction Listing and you will not attempt to hold Drivenbid liable for inaccuracies.
5.3. Videoing your Vehicle and Photographs:
5.3.1. You, as seller, are solely responsible for the content of the photographs and video provided in connection with your listings. Drivenbid is not responsible for checking or verifying the content of the photographs you provide, or for deleting any sensitive information contained in them.
5.3.4. You will use the image/video solely in your Drivenbid listings and during the time your listings are on the Drivenbid site. You agree that you will not use our photographs in connection with the sale of your Vehicle on any platform other than the Drivenbid site

5.3.5. Drivenbid may use technology to "slice" a video into separate images. The quality of the "slicing" of a video may result in lesser quality. This is intended to prevent the seller from producing numerous individual images and sizing or resizing, compressing or reformatting images for acceptance fo listing on the Drivenbid site.
5.4. Pricing your Vehicle. Drivenbid gives no warranty or representation as to the anticipated or likely selling price of any Vehicle in a listing. You must make your own investigations as to the value of your own vehicle, which may vary to another similar vehicle based upon many factors, including, no. of owner, mileage, service history, repairs, maintenance and recent expenditure, specification, extra’s etc.

5.5. Pricing as a Private Sale. Your price is based upon the sale of your vehicle as a private seller. Trade values will be higher, and you should not rely on trade comparison prices. Your reserve will determine whether or not your vehicle sells. Please bear this in mind and that, during the running of your auction, you may adjust your initial reserve price set.
5.5. Selling a Vehicle with Outstanding Finance. If you wish to sell a Vehicle with Outstanding Finance (or any security interest registered against it):
5.5.1. You must declare all Outstanding Finance to Drivenbid;
5.5.2. You agree that Drivenbid may reject your Vehicle for any reason;
5.5.3. You agree not to submit for registration, any Vehicle that is subject to a lease.
5.5.4. You agree to provide accurate information about your finance provider and the settlement figure throughout the selling process;
5.5.5. You agree to offer to Drivenbid and/or the buyer, any assistance that is reasonably requested to contact your finance provider;
5.5.6. You must ensure all amounts due are cleared in your finance provider’s account and any security interest registered against your Vehicle is lifted before the relevant Vehicle is delivered and/or collected, so that good title in the Vehicle can be transferred to the buyer;
5.5.7. By the day the auction closes or the offer is accepted, you agree to provide Drivenbid with a valid settlement letter from the applicable finance provider. The settlement letter:
5.5.8.1. must indicate the figure outstanding on the Vehicle, which can be no more than 75% of the reserve price at any time,
5.5.8.2. must be valid for at least 7 days after the delivery and/or collection date; and
5.5.9. By the delivery and/or collection date, you must provide a letter from the finance provider confirming security interest has been lifted and all Outstanding Finance paid.
5.6. Rules for Listing a Vehicle:
5.6.1. Listings must be for appropriate Vehicles. Listings for inappropriate or unrelated vehicles may be deleted.
5.6.2. Listings may not be immediately searchable by keyword or category up to 48 hrs..
5.6.3. The appearance or placement of listings in search and browse results may vary. It will depend on a variety of factors. E,g. In our Auction Listing process, there will be a pending auction period where the seller and interested parties will wait for the Vehicle to go live.
5.6.4. The duration of our listings will also vary: Drivenbid does not guarantee exact listing duration's for any of its listings. We have the right to extend a listing (for any period we determine) and continue to offer for sale any relevant Vehicle, if in our absolute discretion it is in the best interests of buyers and the seller due to bids/offers being received close to auction or listing close, or delays, interruptions or errors having affected the original listing. If an Auction Listing is extended all bids remain open.

5.6.5. Drivenbid provides the seller a rebid auction after the expiry of any existing standard auction. If the reserve is not met, the rebid auction can reistate the standard auction at the last highest bid price. All bidders will be removed & the rebid auction becomes a fresh auction for a reduced period against the original standard auction. All conditions apply to the rebid auction as the do to the standard initial auction.

5.11. Drivenbid’s No Shill Bidding Policy. You agree not to bid on your own Auction Listing, or the Auction Listing of someone connected to you. Nor can you have a friend or someone connected to you bid on your Auction Listing unless they have a genuine intention of purchasing the Vehicle. We call this shill bidding and it not only violates our policies, it's against the law in many places. We consider shill bidding an abuse of the Drivenbid Marketplace. All rights reserved. If you are not a consumer, you will be liable to us and indemnify us for any losses or costs, including reasonable legal fees we incur arising out of any breach by you of this clause 5.11. If you are a consumer user, you will be responsible for any loss or damage we suffer as a result of your breach of this clause.
5.12. Drivenbid’s Buyer Dispute Resolution Policy. Any dispute with respect to the sale of any Vehicle, shall be resolved between buyer and seller and without the participation of Drivenbid.
5.13. Drivenbid’s No Sales Outside the Drivenbid site Policy. You must not engage in any action with a user on the Drivenbid sie designed to complete or facilitate a transaction outside of the Drivenbid site. If any sale of a Vehicle is concluded outside of the Drivenbid site in any event, we may include limits on your buying and selling privileges, restrictions on listings and account features, suspend your account. If you are a seller and you breach this clause and conclude a sale outside the Drivenbid Marketplace, you are liable to pay to Drivenbid, all fees that would have been paid by the buyer had the Vehicle been sold via the Drivenbid site, calculated on the last reserve you agreed with Drivenbid or if none a minimum charge. Sellers are obliged to pay such fees, in consideration for the introduction to a buyer, even if sales terms are finalised or payment is made outside of the Drivenbid site. All applicable sales tax or similar tax is to be paid in addition to and at the same time as the fees referred to above.
5.14. Your data protection obligations as a seller. If, as a seller, we provide you with information about another user, you agree to use the information only for the purposes provided to you. You may not disclose or distribute a user's information to a third party.
6. Bidding Conditions
6.1. Rules for Bidding on a Vehicle. When bidding on, you agree to comply with the following rules and that:

6.1.1. You will read the full Vehicle description carefully and review the video and all photographs and listing information provided on behalf of the seller in the comments section, before they bid, make an offer or otherwise commit to buying because Vehicles are sold on an ‘AS IS, WHERE IS’ basis on the Drivenbid site. It is a buyer's responsibility to independently determine the description, ownership, value, condition, authenticity and quality of the Vehicle and any additional fees connected to the purchase such as government fees/taxes, title & registration fees, licensing-plate fees and finance charges. Buyers should not rely solely on the title summary or any photographs of the Vehicle.

6.1.2. You will conduct your own due diligence on the Vehicle before purchase, including any vehicle database checks. If necessary, buyers (either themselves or through a third party) should attend a physical inspection, to independently determine the description, ownership, value, condition, authenticity and quality of the Vehicle and assess the suitability of a Vehicle before bidding, offering or buying. Drivenbid does not test Vehicles to check their condition. Any information we provide about a Vehicle is generally information that we have obtained from the seller. Any general description we provide of a Vehicle’s condition is based, at most, on an external walk-around of the Vehicle and a visual inspection. Vehicles may have damage, mechanical issues and body blemishes which we have not sighted and which we have not listed in any listing description provided.
6.1.3. You will check the accuracy of your bids and/or offers — all bids and/or offers are made at their own risk;
6.1.4. You enter into a legally binding contract to purchase a Vehicle when you are the Winning Bidder or Offeror (or your bid or offer is otherwise accepted) in an Auction Listing or Make an Offer Listing;
6.1.5. You will pay the seller your Bid or Offered Amount and any applicable additional fees and charges, in the currency of the listing;
6.1.6. It is your responsibility as buyer, to negotiate the terms of a binding transaction and enter into a sale contract with a seller for a classified advert;
6.1.7. You will pay shipping and delivery costs associated with your purchase of a Vehicle,
including but not limited to taxes, fees and testing charges;
6.1.8. You also agree to check the Vehicle at the point of collection;
6.1.9. Drivenbid may at its discretion remove any bid made by you, if you have not provided us with a valid payment method, either because we could not pre-authorise your payment card, or for any other reason.
6.1.10. You will not bid or make an offer on several Vehicles if you only want one. You agree that if you are the Winning Bidder or Winning Offeror of more than one Auction Listing or Make an Offer Listing, you need to purchase all the Vehicles you've won, even if they're the same or similar.

6.2. Buying a Vehicle via Make an Offer. You can make an offer on Vehicles listed under a Make an Offer Listing. Your offer must include the price for the Vehicle together with our fees, as a total amount.
6.2.1. We will message your offer to the seller if it is within 80 percent of the reserve placed by the seller.
6.2.2. Your offer expires after 48 hours (or earlier if a higher offer has been made). The seller has until your offer expires to respond.
6.2.3. If the seller responds, they may (i) accept your offer and complete the sale to you (in which case you must pay our fees, which may include but are not limited to the Commission and the Service Fee); (ii) let the offer expire; (iii) reject the offer (in which case you may make another offer); or (iv) make you a counter-offer, then you have 48 hours (or until a higher offer has been made if earlier) to choose how to respond. You can choose to accept, reject, or continue negotiating by making another offer to the seller.
6.2.4. When you make an offer via a Make an Offer Listing which the seller accepts, or you accept the seller's counter-offer, you are agreeing to pay our fees, which may include but are not limited to the Commission and the Service Fee, and buy the Vehicle.
6.3. Buying a Vehicle with Outstanding Finance. If the information provided by the seller in respect of their Vehicle states Outstanding Finance, we strongly recommend you satisfy yourself that the seller has settled all debts and holds full legal title to the Vehicle before confirming delivery/collection has taken place. You should obtain proof of payment of the Outstanding Finance directly from the finance provider.
6.4. Buying a Vehicle Internationally. Buyer’s are responsible for determining whether or not an export licence is required to export a Vehicle from the country of listing and for obtaining and paying costs of any licences necessary to export any Vehicle from the country of listing and/or import it into any other country, and for payment of any import taxes and/or duty that may be levied by the country of import. Neither the seller nor Drivenbid gives or makes any warranty or representation of any kind with regards to whether or not any Vehicle can be exported or imported or the issuance of an export-import licence and/or permit for any Vehicle.
6.5. Drivenbid’s Reserve Pricing Policy. The seller may, or we may, nominate a minimum reserve price on a Vehicle on an Auction Listing and/or Make an Offer Listing. This minimum reserve price may be specifically stated or it may be hidden (and therefore bidders/offerors will not be made aware by Drivenbid or the seller of the exact reserve price).
6.5.1. Subject to certain communication requirements between Drivenbid and the seller, the seller and or Drivenbid (on behalf of the seller) may (at its own discretion) reduce/withdraw the reserve price at any time.

6.5.2. If your bid or offer is lower than the reserve price you may be notified that ‘Reserve not met’ or an equivalent message.
6.5.3. Please note that when you confirm your bid, it will be accepted as a valid bid, even when the ‘Reserve not met’.
6.5.4. If the reserve price has not been met at the end of the Auction Listing and/or Make an Offer Listing, the highest bidder or offeror below the reserve price, may be contacted by Drivenbid to negotiate a private treaty sale.
6.6. Drivenbid’s Private Treaty Sales Policy. If you make a bid on a Vehicle, Drivenbid may contact you, a person who enquired about the Vehicle prior to or during the Auction Listing period (the  “interested party”), in order to negotiate or further discuss your query and/or bid. If an Auction Listing closes with no bid or a buyer fails to make payment, Drivenbid may (at our absolute discretion) attempt to contact you as an interested party, and secure a private treaty sale on the seller’s behalf (a “private treaty sale”), following an unsuccessful auction. :
6.6.4. If Drivenbid contacts you, as a bidder or interested party, any negotiations or discussions undertaken will be on instruction by the seller. You acknowledge that the seller will ultimately be responsible for determining the Winning Bidder/Winning Offeror.
6.6.5. Interested parties agree that when they confirm their final bid/offer in these private treaty sale negotiations, it will be accepted as a valid bid/offer, and they will enter into a legally binding contract with the seller on acceptance of said bid or offer.
6.6.6. Where a Vehicle is sold by Make an Offer Listing following an unsuccessful Auction Listing, buyer’s will be charged the same percentage Commission Service Fee as if sold through a reserve price reached listing.

6.7. Collecting a Vehicle. The buyer shall be responsible for organising collection of the Vehicle from the seller. The parties agree to allow Drivenbid to share their contact details for such purposes.
6.8. Returning a Vehicle:
6.8.1. Drivenbid is not the seller of any Vehicle sold. Accordingly, Vehicles bought on Drivenbid's site may not be returned to Drivenbid directly for any reason (but particularly if you change your mind).
6.8.2. Buyers purchasing a Vehicle in their personal capacity can return their Vehicle within 14 days from the day after the delivery and/or collection date. You (as buyer) have these rights against a seller and must submit all return requests for Vehicles directly to the seller.
6.8.3. As a buyer exercising your right of return, you mustn’t use the Vehicle once you’ve notified Drivenbid or the seller and must keep the Vehicle in good condition from the day it was delivered/collected.
6.8.4. The seller also has the right to accept or decline your request.
6.8.5. If you wish to return a Vehicle, and are unable to contact the seller, please contact our customer service team by email at info@drivenbid.com or call 01462 681864 before or within 14 (fourteen) calendar days of collecting the vehicle. You should provide full details of your purchase and the reason for returning the Vehicle. Exceptions to the right of cancellation apply.
6.8.7. Fees already paid to Drivenbid will not be refunded. Buyers hereby acknowledge and agree that the Service Fee, represents a reasonable pre-estimate of the damage and loss arising from the buyer’s non-payment, or failure/refusal to collect the Vehicle.
6.9. Drivenbid’s Seller Disputes Policy. Any dispute with respect to the sale of any Vehicle, shall be resolved between the buyer and seller and without the participation of Drivenbid.
6.11. Technological errors. We try to keep the Drivenbid site and our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. While we try to make sure that the Drivenbid site is accurate, up-to-date and free from bugs, we cannot promise that it will be. We cannot promise that the Drivenbid site will be fit or suitable for any purpose nor do we promise the uninterrupted use by you of the Drivenbid site.
7. Fees and Payments 7.1. Fees.
7.1.1. Fees for using our Services are listed on our Fees
7.1.2. Buyers acknowledge and agree that Drivenbid will charge a fee to the buyer (“Introduction Commission Fee”). This is payable in addition to the Bid or Offered Amount, and is variable depending on the value of the Vehicle being purchased base upon a percentage rate that might vary. Currently 4%. Buyers agree to pay the Commission Fee if they have made the highest bid on a Vehicle in an Auction Listing (subject to achieving any reserve required by the seller unless no reserve set).
7.2. Fees are non-refundable. All fees (including but not limited to the Commission and Service Fee) are:
7.2.1. charged at the time of listing/relisting or purchase, as applicable;
7.2.2. are non-refundable. Your legal rights as a consumer are not affected by this provision; and
7.2.3. charged in Great British Pounds (£) (GBP) or Euros (€) (EUR).

7.3. Changes to fees. We may change our fees or introduce new fees from time to time by posting the changes on the Drivenbid Marketplace.
7.4. Paying VAT:
7.4.1. The Vehicle listing and/or Vehicle description will state whether the Bid or Offered Amount of a Vehicle is inclusive or exclusive of VAT.
7.4.2. Any fees (unless otherwise stated) will exclude VAT. The VAT will be calculated as a percentage of the fee, and added to the fee at the applicable rate.
7.4.3. All taxes or surcharges imposed on fees and payable by you, to Drivenbid, will be your responsibility. To the fullest extent possible under English law, you shall pay to us as a debt on demand, all costs incurred by us, including but not limited to tax, penalties and interest, levied by any competent tax authority due to your failure to provide (if applicable) a valid VAT registration number and/or your failure to pay any such taxes, penalties or interest.
7.5. Paying our Service Fee.
7.5.1. When you first bid or make an offer on an Auction Listing or Make an Offer Listing,our third-party payment provider, Stripe, may have requested an authorisation (also called"pre-authorisation") from your bank, to guarantee payment of our Service Fees. The pre-authorisation request is not an immediate debit but corresponds to a reserve for future payment, authorised by your bank, which temporarily reduces the limit of the bank card used. In some cases, however, depending on your bank, the pre-authorisation request may appear as a pending  debit on the bank account associated with the card used. You agree and acknowledge that you will be providing credit or debit card information directly to Stripe for these purposes. By registering to make payment to us using Stripe, you confirm that you accept and agree to be bound by Stripe’s terms and acknowledge that they constitute a legally binding contract between Stripe and you.
7.5.2. Buyers are required to provide a valid payment method.
7.5.3. It is a buyer’s responsibility to ensure sufficient funds are available on their card.
7.5.4. Once a sale contract is created between the seller and buyer, the Service Fee will be processed by Stripe, on our behalf. Your card will only be charged if you are successful in the Auction Listing or Make an Offer Listing in which case immediate payment will be taken from your credit or debit card by Drivenbid for the Service Fee. Buyer’s authorise Drivenbid to automatically deduct the Service Fee from their chosen payment method in accordance with these Terms and Conditions.

7.5.5. If you are not the Winning Bidder at auction close, or the Winning Offeror, after a pre-authorisation request has been activated, a request for cancellation of the pre-authorisation request is sent to the bank you used. In rare cases, this cancellation may appear as a refund. Please note that it usually takes twenty-four (24) to forty-eight (48) hours to process the release of the pre-authorised amount (or refund), but it can take up to even (7) business days or more, depending on your bank.
7.6. Failing to pay our Service Fee.
7.6.1. If Stripe is unable to take the Service Fee payable from your card or you refuse to pay for any reason, we will continue to pursue payment via Stripe until the entire fee has been paid.You authorise us to deduct from your payment account any amount owing to us (including any lost Commissions).
7.6.2. Drivenbid will also endeavor to contact you and will attempt to complete/process the payment again. You must, within 24 (twenty-four) hours of being notified of a failed payment, make payment of the outstanding amount in immediately available funds during normal banking hours to such a bank account as we shall specify.
7.6.3. If we do not receive the Service Fee within 24 (twenty-four) hours of notification of a failed payment, or if you as the successful buyer fail to complete the purchase of the Vehicle for any reason other than the default of the seller, or lawful cancellation or termination of the purchase contract, you may also lose the right to purchase the Vehicle. We may cancel your bid and assist the seller to attempt to sell the Vehicle to an underbidder.
7.6.4. If we do not receive the Service Fee, you agree that the Service Fee will remain payable, and that Drivenbid may charge interest on any balance outstanding at the rate of 4% a year above the Bank of England’s base rate.
7.7. Failing to pay our Commission:
7.7.1. Sellers agree that they are solely responsible for all costs and expenses you may incur in relation to your use of the Drivenbid site.
7.8.3. Paying within 7 calendar days. Once a sale contract is created between the seller and buyer, unless, otherwise agreed by the seller in writing, buyers shall pay the Total Invoiced. Amount for the Vehicle on or before the due date stated by Drivenbid (or where no date is provided) 7 (seven) calendar days from auction close (in the Auction Listing process) or from offer acceptance (in the Make an Offer Listings process). If the buyer does not make payment in full to the seller within the 4 (four) business days, or within the time-frame agreed with the seller, the buyer will lose the right to purchase the Vehicle and the fees paid and payable to Drivenbid, which may include but are not limited to Commission and/or Service Fee, will not be refundable.
7.9. Failing to pay for the Vehicle.
7.9.1. If you (a) fail to pay the Total Invoiced Amount into the escrow account and within the 4 (four) business days allowed, or within the time-frame otherwise agreed with the seller,
including the Bid or Offered Amount, or (b) fail or refuse to collect the Vehicle, you authorise us to deduct from your payment account any amount owing to us under this sub clause (the “Buyer Cancellation Fee”)7.9.2. Fees already paid to Drivenbid (including the Service Fee) will not be refunded. You may also lose the right to purchase the Vehicle. Buyers hereby acknowledge and agree that the Service Fee and/or any Buyer Cancellation Fee charged by Drivenbid, represents a reasonable pre-estimate of the damage and loss arising from the buyer’s non-payment of the Total Invoiced Amount, or failure/refusal to collect the Vehicle. If the sum of the Service Fee and/or Buyer Cancellation Fee is successfully charged in accordance with clause 7, the seller shall only be entitled to sue for the net Bid or Offered Amount rather than full Bid or Offered Amount, although nothing in this clause 7.9 is intended to limit the other sums which may be due to the seller under the sale contract. Sellers hereby grant Drivenbid the right,in its own name, to enforce the seller’s right to payment. Sellers agree that no monies shall be payable to them until paid by the buyer. Sellers acknowledge that buyers may fail to perform or pay on a timely basis and that Drivenbid shall not have any liability to sellers for any act or omission of buyers.
7.9.3. Sellers agree that no monies shall be payable to them until paid by the buyer. Sellers
acknowledge that buyers may fail to perform or pay on a timely basis and that Drivenbid shall not have any liability to sellers for any act or omission of buyers.
7.10. All rights reserved. If you fail to pay our fees or the Total Invoiced Amount we may (in our discretion and acting reasonably):
7.10.1. assist the seller to attempt to resell the Vehicle in any manner and on such conditions as we see fit (for example, to an under bidder or to a person who inquired about the Vehicle prior to or during the Auction Listing or Make an Offer Listing period);
7.10.2. retain collection agencies who may report your account to credit bureaus, and as a result late payments and other defaults on your account may show in your credit report;
7.10.3. bring court action against you for any outstanding amounts you owe us, including any Commission and all reasonable costs incurred by us as a result;
7.10.4. charge interest on any monies due at the greater of (i) 5% (five per cent.) p.a, and (ii) 5% (five per cent.) p.a above the base lending rate of the Bank of England from time to time to be calculated on a daily basis from the date upon which such monies become payable until the date of actual payment; and/or
7.10.5. at our discretion and acting reasonably, retain your Service Fee and/or charge you the Commission as a Buyer Cancellation Fee, Seller Withdrawal Fee or other default fee to cover the actual and reasonable costs we incur because of your failure to complete the purchase; and these costs may include but are not limited to the cost of resale of the Vehicle, lost Commission, admin costs, Seller Withdrawal Fee, and any other costs.
9. Our Liability
9.1. Representations made by Drivenbid. By using our Services, you confirm that you chose the service based on your own due diligence and consideration
9.2. Limitation of our liability to you. Drivenbid and its affiliates will not be responsible for:
9.2.1. losses that were not caused by any breach on our part, or
9.2.2. any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or
9.2.3. any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.
9.5. Unexpected events. We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause, event or circumstance which is beyond our reasonable control, including, but not limited to, strikes,lock-outs or other industrial disputes; breakdown of systems or network access, power outage; or flood, fire, epidemic, pandemic, explosion or accident.
10.1. Your content. You may provide descriptions for listings, approve listings, send communications, post comments, submit listing questions or other information, or post any other content generated by you for display on the Drivenbid Marketplace (including any images, video or audio) all together the "content", as long as:
10.1.1. If you generate content for Drivenbid website you represent and warrant that you own or otherwise control all of the rights to the content that you post.
10.1.2. You agree the content is not illegal, obscene, abusive, threatening, defamatory, inaccurate, misleading, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain viruses, mass mailings or any form of "spam".
10.1.3. Any content you upload to Drivenbid website will be considered non-confidential and non-proprietary.
10.1.4. We have the right to remove any posting if, in our opinion, a post does not comply with the content standards posted on the Drivenbid 10.1.5. You will comply with the Listing Conditions at all times when submitting content.
10.1.7. We may in particular use your content, including any photographs and videos you upload, for marketing and promotional purposes. This includes displaying it to other Drivenbid users as part of the browsing experience on Drivenbid. 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.
10.1.8. We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Drivenbid drive constitutes a violation of their intellectual property rights, or of their right to privacy.
10.2. Information published on the Drivenbid site. Drivenbid 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 which they provide to us or post on our Drivenbid site. Any reliance that you may place on the information on the Drivenbid site is at your own risk. You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis.
10.3. Statements of opinion. Drivenbid or its employees of Drivenbid have no opinion as to the condition or description of a vehicle listed for online aution. Views expressed by other users on the Drivenbid site, particualr in teh "Ask seller a question" section do not represent our views or values.
10.4. Third party use of our content.

10.4.1. Prohibition of third-party use. You acknowledge and agree that the data available on the Drivenbid Marketplace is intended for personal use only. You are strictly prohibited from selling/reselling or otherwise monetising, providing, selling, licensing, leasing, loaning, distributing, displaying or otherwise making available any data obtained from the Drivenbid site to any third party, without the prior written consent of Drivenbid. This includes but is not limited to, selling data, incorporating data into products or services, or displaying data on other websites or platforms.
11. Your Privacy
11.1. Your privacy and personal information are important to us. For information regarding the processing of your personal data, please see our Privacy Policy. Payment information you supply to Stripe and Mangopay are not within our control and are subject to Stripe’s and MangoPay’s privacy policies and terms and conditions available on their websites.
11.2. Information Drivenbid collects from you. As part of the Services, Drivenbid has access to various information about users, including personal data. This includes information that users submit to Drivenbid as part of the Services (such as contact information or Vehicle descriptions) as well as information that is generated by the provision and processing of the Services (such as sales analysis or communication).
11.3. How we use your information. Unless otherwise agreed by Drivenbid in writing, we act as an independent controller of any user personal data collected via our Services. User personal data will be used solely for the purpose of operating, providing, and improving our Services. We may also contact you by email, telephone or text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications.
11.4. Information Drivenbid shares with others. Drivenbid only shares information about users with third parties if this is necessary for the provision of the Services or if Drivenbid is legally or contractually entitled to do so. For example, when you bid, commit to buying or make an offer to buy a Vehicle on the Drivenbid Marketplace, you agree that we may share your contact information with sellers. Accordingly, sellers may contact you about that Vehicle. Payment information you supply directly
12. General Provisions
12.1. Disputes.
12.1.1. Any dispute with respect to the sale of a Vehicle shall be resolved between the buyer and seller and without the participation of Drivenbid.
12.10. Each party shall use all reasonable endeavors to procure that any necessary third party shall execute and deliver such documents and perform such acts as may reasonably be required for the purpose of giving full effect to these Terms and Conditions.
12.11. Non-disparagement. Drivenbid values your honest and constructive feedback and does not wish to discourage you from commenting on the Drivenbid Services, including online reviews. However, you agree that you and your employees shall not, in any communications with any third party, make a statement which is false or dishonest about Drivenbid Service or employees.
13. Glossary
13.1. Definitions:
a) “Auction Listing” means an advert selling a Vehicle by auction on the Drivenbid Marketplace.
b) “Bid Amount” refers to the amount of the highest bid in Auction Listings;
c) “buyer” means a person who registers with us and is accepted to submit bids and or offers for the purchase of a Vehicle;
d) “Listing” means any advert listed on the Drivenbid site for our online auction
e) Outstanding Finance: any finance due in respect of a Vehicle from any previous or current owner of that Vehicle to a third party such as a car finance company or bank;
f) “seller” means the person who registers with us and is accepted to list a Vehicle for auction;
g) “Winning Bidder” refers to the bidder who has the highest bid at the conclusion of the Auction Listing.
h) “Winning Offeror” refers to a person whose offer has been accepted.