By selecting the tick box during the online registration process, you accept our T&Cs and are legally bound to the services offered by Motor Heroes S.R.L. on this website www.motorheroes.com and thereby enter into a binding contract with us. The wording of the contract consisting of the details of your subscription and these T&Cs will be available for download/saving during the online registration process. Our T&Cs can also be accessed on our website at any time. Contracts can be concluded in English. By creating an account with us, you consent to the service commencing immediately. Please note that where you make use of your statutory cancellation right as a consumer and cancel the contract with us according to clause 14.2 below and you have used chargeable services on our website, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal in respect of this contract compared to the total scope of the services provided for in the contract.
These Terms explain how you may access and use this website www.motorheroes.com (the “Site”). Additional to these Terms, the following terms apply to your use of the Site:
You should read these Terms carefully before using the Site.
By accessing or using the Site or otherwise indicating your consent, you agree to be legally bound by these Terms and the documents referred to in them.
If you do not agree with or accept any of these Terms, you should stop using the Site immediately.
If you have any questions about the Site, or you would like to make a complaint about our services, please use the email address firstname.lastname@example.org to contact us.
Where we have received a complaint by you in relation to our services, we shall acknowledge your complaint within two (2) working days and subsequently conduct reasonable investigations into it. Unless stipulated otherwise in clause 14.2 (for German Consumers) if, after such investigation, we establish that there may be an issue with our services, we shall, at our sole discretion, either: 6.1. take steps to remedy the defect in our services; or 6.2. where you have already paid our fees in accordance with clause 12, refund you a fair proportion of those fees paid; or 6.3. where you have not already paid our fees in accordance with clause 12, charge you a fair proportion of fees (include no fees, where reasonable).
If you've contacted us and you feel that we haven't resolved your complaint satisfactorily, please email us at email@example.com or, if you reside in the EU, Norway, Iceland or Liechtenstein, you can contact the Online Dispute Resolution platform here.
The language of these Terms is English and all documents, notices, waivers, variations and written communications relating to this contract and these Terms shall be in English. If these Terms and any document relating to them is translated to another language than English, the English version shall prevail.
“Auction Lot” means any lots listed on the Site including Vehicles and Automobilia;
"Automobilia" means any lots listed on the Site that are not a Vehicle but related to one, including but not limited to tyres and rims, parts, accessories and manuals;
"Buyer" means a person who registers with us and is accepted to submit bids for the purchase of an Auction Lot;
"Buy Now" means the process described in clause 12.10;
"Content" means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;
"Live Auction" has the meaning given to it in clause 6.3;
"Seller" means the person who registers with us and is accepted to list an Auction Lot for sale;
"Site" has the meaning given to it in clause 2.1;
"Stripe" means Stripe Payments Europe Limited;
"Terms" means these terms and conditions of use as updated from time to time under clause 24;
"Trade Seller" means a Seller who is not acting as a consumer;
"Vehicle" means any car, motorbike or other motor vehicle listed on the Site including but not limited to spares, tools and documentation listed as being part of the Auction Lot;
"Working days" means Monday to Friday except public holidays as applicable in Milan, Italy; "you" means a Buyer or a Seller or any other person accessing, browsing or using the Site or its Content (and “your” shall have the same meaning).
We only provide a platform for a Seller to list their Auction Lots for sale and a Buyer to bid on an Auction Lot with the intent of purchasing such Auction Lot. We do not act as agent of the Seller and we do not offer for sale, sell, buy or exchange any Auction Lots. We are not involved in the contracting process nor are we a party to the sale contract between the Buyer and the Seller. We do not hold title of any vehicle, inspect any vehicle, or have any vehicle in our legal possession.
You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.
When using the site (e.g. because you are putting items for sale) you are responsible for compliance with local laws where they are applicable.
We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law. If you are a Trade Seller clause 7.2 applies.
As a condition of your use of the Site, you agree:
5.1. not to use the Site for any purpose that is unlawful under any applicable law or prohibited by these Terms;
5.2. not to use the Site to commit any act of fraud;
5.3. not to use the Site to distribute viruses or malware or other similar harmful software code;
5.4. not to use the Site for purposes of promoting unsolicited advertising or sending spam;
5.5. not to use the Site to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
5.6. not to use the Site in any manner that disrupts the operation of our Site or business or business of any other entity;
5.7. not to use the Site in any manner that harms minors;
5.8. not to promote any unlawful activity;
5.9. not to threaten, abuse, harass, or invade the privacy of any other user of the Site or third party;
5.10. not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with Motor Heroes or with any other person or entity;
5.11. not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
5.12. not to use the Site to gain unauthorised access to or use of computers, data, systems, accounts or networks;
5.13. not to attempt to circumvent password or user authentication methods; and
5.14. not to attempt to circumvent the cancellation of your account by us by opening a new account appearing to be a new user of the Site (“phoenixing”).
You cannot bid on your own Auction Lot. You cannot bid on an Auction Lot of someone connected to you, nor can you have a friend or someone connected to you bid on your Auction Lot unless they have a genuine intention of purchasing the Vehicle. 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 culpable (intent or negligence) breach by you of this clause. If you are a consumer user, you will be responsible for any loss or damage we suffer as a result of your culpable breach of this clause.
The Site is available for users if you are at least 18 years old. In order to use the Site as a Buyer or Seller you must first register, and you will need to provide at least the following information:
1.1. first and last name;
1.2. date of birth;
1.4. details of your credit or payment card and bank accounts (in order for us to process payments and refunds); and
1.5. such other information as may be requested at signup, and we will instruct a third party, Stripe, to verify your name and address before you can use the Site. The information you submit to us, including as part of your account creation and registration or use of the Site, must be truthful, accurate and not misleading.
For a Seller, you must confirm that you have legal ownership of the Auction Lot. If the Vehicle is subject to finance, the amount outstanding must be confirmed prior to listing.
For a Buyer, you must provide us with a valid payment method for our fees. Currently the following payment methods are available and can be amended from time to time: Payment via credit or debit card. Please note that we may collect your bank accounts details where we are unable to process your payment using the card details provided on registration. We will also collect and use your bank account details in order to process refunds (where applicable). For a Seller, you are required to provide a valid payment card so we can collect payment from you if we charge you fees in accordance with clause 6.7 and clause 8.4.
Stripe reserves the right to carry out checks for the purposes of confirming your identity and the prevention of financial crime. You will be prompted to provide the above information in the payment section when you first try to make a payment. You are not obliged to provide this information, but if you do not you will not be able to make payments through Motor Heroes and Stripe and you may not be able to make a bid.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us and change your password without undue delay.
If you are a Buyer bidding for an Auction Lot (or making an offer on an Auction Lot in the Buy Now period — throughout these Terms the word “bid” shall include making an offer in the Buy Now period), you acknowledge that it is your responsibility to:
1.1. arrange an inspection of an Auction Lot you intend to bid on;
1.2. check the accuracy of your bids, all bids are made at your own risk;
1.3. directly contact the Seller to purchase the Auction Lot once your bid is approved by us as the highest bid on the Auction Lot, subject to achieving any reserve required by the Seller unless the reserve is waived by the Seller;
1.4. check the Auction Lot at the point of collection;
1.5. independently determine the description, ownership, value, condition, authenticity and quality of the Auction Lot; and
1.6. pay shipping and delivery costs associated with your purchase of an Auction Lot, including but not limited to taxes, fees and testing charges.
As a Buyer you agree in regard to each bid submitted for an Auction Lot:
2.1. your bid is a legally binding obligation on you, that if your bid is successful and achieves any reserve required by the Seller (unless the reserve is waived by the Seller), you must pay our fees; and
2.2. you are making an irrevocable offer to purchase that Auction Lot and you must pay to the Seller the final amount of your highest bid; and
2.3. you cannot withdraw your bid.
It is the responsibility of a Buyer and Seller, respectively, to negotiate the terms of a binding transaction and enter into a sale contract for an Auction Lot.
If you as the successful Buyer fail to complete the purchase of the Auction Lot (including failing to pay to the Seller the final amount of your highest bid within the timeframe agreed with the Seller) for any reason other than the default of the Seller, you will be obliged to pay the fees to Motor Heroes in accordance with clause 12. The statutory rights of the Seller, in particular to rescind the sales contract and claim damages, remain unaffected. We will assist the Seller to attempt to sell the Auction Lot to an underbidder.
If a Buyer makes the highest bid on the Auction Lot and that bid is within 10% of the reserve set by the Seller at the end of the auction, Motor Heroes has the right to provisionally sell the Auction Lot. The highest bid placed during the Live Auction will remain open for acceptance by the Seller for 24 hours following the Live Auction. During this period, Motor Heroes will take steps to contact the Seller and determine whether they are willing to accept the bid. Following confirmation from the Seller, Motor Heroes will notify the Buyer whether the Seller is willing to accept the bid. The Buyer’s bid will be deemed to be rejected if the Seller has not notified us in writing of its willingness to accept within 24 hours following the auction ending. This 24-hour period can be extended by written agreement between us and the Buyer. If the Seller rejects the Buyer’s bid, Motor Heroes may offer to make up any shortfall to the reserve set by the Seller. Where the Buyer is notified that the Seller is willing to accept the bid, or if Motor Heroes has offered to make up any shortfall to the reserve set by the Seller (including during a Live Auction or an offer during the Buy Now period) your bid is successful and you shall pay our fees.
If your bid is successful, subject to achieving any reserve required by the Seller unless the reserve is waived by the Seller, you will pay to the Seller the final amount of your highest bid within 7 working days of the auction ending unless otherwise agreed with the Seller. If you do not make payment in full to the Seller within the 7 working days, or within the timeframe agreed with the Seller, subject to satisfying the legal prerequisites, the Seller may have a statutory right to rescind the sales contract whereby you will lose the right to purchase the Auction Lot and the fees paid and payable to Motor Heroes will not be refundable.
It is for the Buyer and Seller to agree a suitable payment method for the Auction Lot. If you want to protect your funds for purchasing an Auction Lot, you may opt to use an escrow agent. The escrow agent will hold the funds in their escrow account (subject to their terms of service and agreed fees) and will release the funds to the Seller once the sale is agreed. Should you choose to instruct an escrow agent, this is outside the scope of the service provided by Motor Heroes and such arrangement will be governed by your agreement with the escrow agent that you instruct.
Motor Heroes may at its discretion remove any bid made by a Buyer bidding for an Auction Lot if:
8.1. you have not provided us with a valid payment method for our fees, either because we could not pre-authorise your payment card, or for any other reason;
8.2. you have made a clear typographical error;
8.3. we believe the Seller is bidding for the relevant Auction Lot, or we believe you are bidding on behalf of the Seller; or
8.4. you did not pass one or more of the background checks undertaken by us or Stripe (acting on our behalf) we have made on you.
You warrant that the funds you use for your purchase of an Auction Lot, and the payment of our fees, have no link with criminal activity including, without limitation, money laundering, tax evasion or terrorist financing.
Using the Site is free for Sellers, except where otherwise stated in these Terms. Clauses 6.7 and 8.4 require the Seller to pay to us the fee that would have been paid by the Buyer, and the provisions of this clause 12 shall apply to the Seller in those circumstances.
When you bid on an Auction Lot, our third-party payment provider, Stripe, will put a hold on your credit or debit card for the fee payable if you are the successful bidder. You will be providing credit or debit card information directly to Stripe, which operates a secure server to process payment details, encrypting and tokenising your credit/debit card information, processing any pre-authorisations and authorising payment. 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. Stripe's terms are available here.
For the Buyer who has made the highest bid on the Auction Lot, subject to achieving any reserve required by the Seller unless the reserve is waived by the Seller, you will pay to us a fee equivalent to a commission of 5% plus Value Added Tax (if applicable) calculated on the final selling price of the Auction Lot unless:
3.1. the fee calculated is less than EUR 500 on all Auction Lots, in which case you will pay a minimum charge of EUR 500 inclusive of Value Added Tax; or
3.2. the fee calculated is more than EUR 5,000 on all Auction Lots, in which case you will pay a maximum charge of EUR 5,000 inclusive of Value Added Tax.
The fee will be processed by Stripe on our behalf.
Your credit card or debit card will only be charged if you are successful in the auction, in which case immediate payment shall be taken by Motor Heroes for our fees. The fees payable to Motor Heroes are non-refundable; your legal rights as a consumer are not affected.
Stripe will encrypt and tokenise your credit/debit card information that you supply, and you agree to allow Stripe to pre-authorise any amount applicable to the fees payable to us by the Buyer with the highest bid, which are automatically payable upon you winning an auction, and you will authorise the processing of the payment of the fees to us at that time. If the pre-authorisation of your credit/debit card fails, we shall be entitled to cancel your bid in which case no contract can be awarded to you. In the event that a contract is awarded in relation to your bid despite the failure of pre-authorising your credit/debit card, you will be responsible to ensure that all amounts due to us are paid. You represent and warrant that you own or otherwise control all of the rights to the content that you upload or post.
We will continue to pursue payment via Stripe until the entire fee has been paid. If Stripe are unable to take the fee payable from your credit or debit card then you must, within 24 hours of the auction ending, make payment of the outstanding amount in one of the currencies specified in clause 12.8 and in immediately available funds during normal banking hours to such bank account as we shall specify. If you as the successful Buyer fail to complete the purchase of the Auction Lot for any reason other than the default of the Seller, or lawful cancellation or termination of or withdrawal from the purchase contract, particularly because the Seller has rescinded the sales contract due to your failure to pay, we will assist the Seller to attempt to sell the Auction Lot to an underbidder, in which case the fees payable to Motor Heroes will remain payable even if Motor Heroes is entitled to further fees in respect to the sale to the underbidder.
The fees for our service will be charged in Euros (EUR) and are inclusive of Value Added Tax. You are responsible for paying all the applicable taxes in the region. We and our payment processor cannot be held liable for any tax liabilities you incur as part of any transaction.
If your payment is not received by us under this clause 12, we may also charge interest on any balance outstanding at the rate of 4% a year above the European Central Bank’s base rate.
The Site may contain hyperlinks or references to third-party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third-party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party’s website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.
You may create a link to our Site from another website without our prior written consent provided no such link:
2.1. creates a frame or any other browser or border environment around the content of our Site;
2.2. implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Site; or
2.3. displays any of the trademarks or logos used on our Site without our permission or that of the owner of such trademarks or logos.
We reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.
Limit on our responsibility to you if you are not a consumer
1.1. If you are not a consumer, our liability under or in connection with the contract (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 20.2.
1.2. Subject to clause 20.2.5, our total liability shall not exceed the sum of monies paid or payable to us by you for the services under this contract.
1.3. Subject to clause 20.2.5, we shall not be liable for consequential, indirect or special losses.
1.3.1. Subject to clause 20.2.5, we shall not be liable for any of the following (whether direct or indirect): 1.3.2. loss of profit; 1.3.3. loss or corruption of data; 1.3.4. loss of use; 1.3.5. loss of production; 1.3.6. loss of contract; 1.3.7. loss of opportunity; 1.3.8. loss of savings, discount or rebate (whether actual or anticipated); 1.3.9. harm to reputation or loss of goodwill.
1.4. Notwithstanding any other provision of the contract, our liability shall not be limited in any way in respect of the following:
1.4.1. death or personal injury caused by negligence; 1.4.2. fraud or fraudulent misrepresentation; or 1.4.3. any other losses which cannot be excluded or limited by applicable law.
We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; flood, fire, explosion or accident or epidemic, pandemic or public health emergency and any resulting governmental action including work stoppages, mandatory business and/or service or workplace closures.
No one other than a party to these Terms has any right to enforce any of these Terms.
No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 23. We reserve the right to vary these Terms from time to time. In the case of Trade Sellers, we will give you not less than 15 days’ advance notice of any variation to these Terms, and if you do not agree to the proposed variation you may terminate your use of the Site immediately on notice to us via email, or similar means, subject to clause 6.7. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes (following notice in the case of Trade Sellers), you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
If any provision of these Terms is found to be unenforceable, all other provisions shall remain unaffected.
**Cancellation form To: Motor Heroes S.r.l., a company duly incorporated under the laws of Italy, with registered office in Milano (Italy), piazza Castello n. 26, fiscal code and registration number with the Companies’ Register of Milan 11934200962, represented by the sole director Guglielmo Reina, duly empowered or via email to: firstname.lastname@example.org I hereby give notice that I cancel my contract of sale of the supply of following services provided by Motor Heroes,