Terms and Conditions

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.

1. WHO WE ARE

“Motor Heroes” / “we” / “us” and “our” means Motor Heroes Srl, a company duly incorporated under the laws of Italy, with registered office at Piazza Castello 26, 20121, Milano (MI), and registration number and fiscal code IT11934200962.

2. ABOUT OUR TERMS

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:

1.1. Our privacy policy is available here, which sets out the terms on how we handle your personal information; and

1.2. Our cookie policy is available here, which sets out information about the cookies on our 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 info@motorheroes.com 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 info@motorheroes.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.

3. DEFINITIONS

“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).

4. USING THE SITE

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.

5. YOUR ACCOUNT WITH US

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;

1.3. address;

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.

6. LISTING A VEHICLE OR AUTOMOBILIA FOR SALE ON OUR SITE

You first submit a request and upload photos and related information, including your proof of ownership and finance on the Auction Lot. Further information can be found in our FAQs.
Motor Heroes will consider the proposed Auction Lot and confirm if the Auction Lot is accepted to be listed on the Site. Motor Heroes may assist Sellers in the creation of their listings (including the content of such listings) but it remains each Seller’s sole responsibility to make sure that its listings are accurate. There will be a pre-auction period where you will need to wait for the Auction Lot to go live. This pre-auction period can take up to 10 days from the date on which Motor Heroes receives the complete pre-auction information (specifically the description of the vehicle, photographs or any other information reasonably requested by Motor Heroes to enable it to consider the Lot). During the pre-auction period Motor Heroes may put the Auction Lot on the Coming Soon list on the site.
After the Auction Lot is accepted for listing, you shall be committed to have the Auction Lot listed with us exclusively for at least a 7 to 14 day auction (a “Live Auction”) together with any extension of that Live Auction. This means that during this period, you shall not use another means of sale unless we agree and notify you in writing of our consent. Due to the nature of an auction, it is not possible for us to run a Live Auction if you use another platform to sell your Auction Lot. Therefore, we require you to exclusively use this Site to sell your Vehicle or Automobilia, once we have accepted the Auction Lot.
You can require a reserve for the Auction Lot. Once a reserve is agreed by Motor Heroes, you may reduce it or withdraw it by written notice to Motor Heroes, but you cannot increase it without our prior written consent. Further information can be found in our FAQs.
Motor Heroes gives no warranty or representation as to the anticipated or likely selling price of any Auction Lot. Any estimate given, whether written or oral, as to the estimated selling price of any Auction Lot is a statement of opinion only and may be subject to revision from time to time at Motor Heroes’ sole discretion and should not be relied upon as an indication of the actual selling price.
If you are a Seller listing an Auction Lot for sale: you are solely responsible for the factual accuracy of, and for any judgments or opinions expressed in, the description of each Auction Lot entered by you, and for any error, misstatement or omission of information in that description, as well as the condition, authenticity and quality of the Auction Lot. If you are a Seller, you represent and warrant that you are the legal owner of the Auction Lot and free to sell the Auction Lot listed on the Site and that the sale to the successful Buyer will be free of any charges or encumbrances and transfer legal ownership to the Buyer. In ensuring accuracy the advertised mileage can be exceeded by no more than 1,000 km at the point of collection by the Buyer.
If you as the Seller withdraw your Auction Lot from sale, or from the Coming Soon list, or following a Live Auction and agreed sale of your Auction Lot to a Buyer, you fail to complete the sale of the Auction Lot within the timeframe agreed with the Buyer for any reason other than the default of the Buyer, you will be obliged to pay the fees to Motor Heroes in accordance with clause 12 that would have been paid by the Buyer, calculated on the last reserve you agreed with Motor Heroes or if none (including an Auction Lot on the Coming Soon list) a minimum charge of EUR 1,000 inclusive of Value Added Tax.
If a Buyer makes the highest bid on the Auction Lot during a Live Auction or an offer during the Buy Now period, and that bid or offer is within 10% of the reserve set by the Seller, Motor Heroes may (at its discretion) offer to the Seller to make up any shortfall to the reserve set by the Seller (“Shortfall Payment”). Motor Heroes will make the Shortfall Payment after the Auction Lot has been sold and the Auction Lot has been paid for and collected by the bidder within 30 days. Motor Heroes reserves the right to request evidence that this transaction has been completed prior to making such payment. The Seller acknowledges and agrees that the offering or provision of such payment by Motor Heroes to the Seller is an independent transaction and does not in any way make Motor Heroes a party to sale of the Seller’s relevant Auction Lot or other transaction between the Seller and the Buyer.

7. SELLERS WHO ARE TRADERS

This clause applies to Trade Sellers.
We may terminate your use of the Site or terminate the contract between you and Motor Heroes for the provision of the online auction service for convenience with not less than 30 days’ advance notice. We may suspend or terminate your use of the Site immediately if we determine that (a) you have materially breached these Terms and failed to rectify within 7 days of a breach notice; (b) your account has been, or we believe that it may be, used for deceptive or fraudulent or illegal activity or in breach of clause 4.5; or (c) your use of the Site has harmed, or we identify that it might harm, other Sellers, Buyers, customers, or Motor Heroes’ legitimate interest. We will promptly notify you of any such termination or suspension via email or similar means sent to you individually indicating the reason and any options to appeal.
You may at any time terminate your use of the Site immediately on notice to us via email, or similar means, subject to clause 6.7.
We may make available data derived from your use of the Site arising from the sale of your Auction Lots comprising of Auction Lots sold, prices, sales, volumes and time of the transaction, which you will use solely for the purpose of supporting your business on Motor Heroes.

8. SELLER CONTENT AND DESCRIPTION

The description of the Auction Lot is, to the best of the Seller's knowledge, accurate and not misleading. The Seller has notified (or will before the Live Auction notify) Motor Heroes in writing of any material alterations to the Auction Lot of which the Seller is aware, and of any concerns expressed by third parties in relation to the authenticity, provenance, origin, age, condition or quality of the Auction Lot, and has provided Motor Heroes with all such information in the Seller's possession or control. If the Seller notifies us in writing of any amendments to the description during the Live Auction, we will, at our discretion, announce these amendments in the comments section. If the amendment is necessary to remedy an inaccuracy of the description and the Seller specifically requests the correction of such inaccuracy, we will amend the description accordingly.
While Motor Heroes does perform some verification processes, it shall not be liable to the Seller or the Buyer for any error or misstatement in or omission from the description of any Auction Lot where Motor Heroes has provided the Seller with a copy of the description within a reasonable time prior to the Live Auction (“Confirmation Request”).
To the extent permitted by law Motor Heroes has no duty to the Seller or the Buyer to investigate the accuracy of the description of any Auction Lot provided by or on behalf of the Seller.
If a sale is lost or the Buyer rescinds the sales contract because of the failure of the Seller to disclose to Motor Heroes all information which may reasonably be expected to affect the provenance, title, value or any other aspect of the Auction Lot, the Seller shall pay the fees to Motor Heroes in accordance with clause 6.7 and exempt and hold harmless Motor Heroes from any claims brought against Motor Heroes as consequence of such failure of the Seller to disclose such information.
The Seller gives Motor Heroes the full and absolute right to use photographs of any Auction Lot, photographed by them or a photograph contracted by them, consigned for sale, and to use such photographs at any time at its absolute discretion (whether or not in connection with the Live Auction).
Photographs and illustrations used for the Auction Lots are for identification purposes only. They may not show the true condition and color (which may be inaccurately reproduced) of the Auction Lot.
Estimates and descriptions for the Auction Lots may be amended at Motor Heroes’ discretion from time to time by notice to the Seller given orally or in writing before or during a Live Auction.

9. BIDDING FOR A VEHICLE OR AUTOMOBILIA ON OUR SITE

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.

10. AUCTION PROCESS AND SALES OUTSIDE MOTOR HEROES

The process and rules for selling and buying an Auction Lot, in addition to these Terms, are found here.
We have the right, at our absolute discretion, to withdraw any Auction Lot from the Coming Soon List or a Live Auction, whether the Auction Lot has a reserve or not. We are not required to provide any reason for exercising this right of withdrawal. We have the right to extend any Live Auction (for any period we determine) and continue to offer for sale any relevant Auction Lot for up to 14 working days, if in our absolute discretion it is in the best interests of Buyers and the Seller due to delays, interruptions or errors having affected the original Live Auction. Where technical errors and interruptions resulting in the Site malfunctioning occur and there are active bids or the reserve has not been met, the Auction period may be extended by Motor Heroes accordingly to enable the Auction to be completed properly and no contract will be awarded during such interruption. If as a result of a delay, an error or interruption the Buyer who has made the highest bid on any affected Auction Lot in the original Live Auction that is being extended has already paid our fees in accordance with clause 12, we will refund you those fees paid. If a Live Auction is extended, all bids remain open and you cannot withdraw your bid.
Buyers and Sellers shall not engage in any activity designed to complete or facilitate a transaction for the sale or purchase of an Auction Lot outside of the Site. If any sale of an Auction Lot is concluded outside of the Site in any event, the Seller will be obliged to pay the fees to Motor Heroes in accordance with clause 12 that would have been paid by the Buyer had the Auction Lot been sold via the Site, calculated on the last reserve you agreed with Motor Heroes or if none a minimum charge of EUR 600 inclusive of Value Added Tax on all Auction Lots.

11. DISPUTE RELATING TO A SALE

Any dispute with respect to the sale of any Auction Lot shall be resolved between the Buyer and Seller and without the participation of Motor Heroes.

12. OUR FEES

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.

13. YOUR PRIVACY AND PERSONAL INFORMATION

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
Our privacy policy is available here.
Payment information you supply to Stripe is not within our control and is subject to Stripe’s own privacy policy and terms and conditions available on their website at Stripe.

14. CANCELLING THIS CONTRACT

Notwithstanding the cancellation right for Consumers in clause 14.2, if you are a Seller who has listed an Auction Lot or a Buyer who has submitted a bid on an Auction Lot during a Live Auction, you cannot cancel this contract until the end of the Live Auction.
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day of the conclusion of the contract. In order to exercise your right of withdrawal, you must inform Motor Heroes of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or e-mail). For this purpose, you can use the enclosed model withdrawal form, which is, however, not mandatory (Appendix 1). In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period. Consequences of the cancellation If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. If you have requested that the services begin during the cancellation period, 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.

15. SUBMITTING INFORMATION TO THE SITE

While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential.
Whenever you make use of a feature that allows you to upload Content to Motor Heroes or the Site, or to make contact with other users of our Site, you must not provide Content that is illegal, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate.
You warrant that any such Content does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any Content you upload to the Site or submit to Motor Heroes or any of its employees will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but you are required to grant us and other users a limited licence to use, store and copy that Content and to distribute and make it available to third parties. The rights you license to us are described in clause 16.1.
You cannot provide Content that you do not have the right to submit, unless you have the owner’s permission; this includes material covered by someone else’s copyright or any other proprietary right.
We also have the right to disclose your identity to a third party who is claiming that any Content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy if Motor Heroes is entitled to the disclosure by law or contract.
We will not be responsible, or liable to any third party, for the content or accuracy of any Content posted by you to the Site and/or Motor Heroes.
We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards posted on the Site.
The views expressed by other users on our Site do not represent our views or values.

16. OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS

When you upload or post content or submit material to Motor Heroes or the Site, you grant to us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, modify, distribute and display descriptions and images of your Auction Lot for the service provided to you by the Site and across different media and for the purposes of marketing to promote the Auction Lot, display the Auction Lot in the “Sold” section, include the Auction Lot also after the end of the Live Auction in the “Stories” section and to promote Motor Heroes and the Site. With regard to the promotion of Motor Heroes and the Site the license shall end on the later of the following dates: (i) Cancellation of your registration with the Motor Heroes platform and (ii) two years from the day on which the Live Auction ended. In case we want to prolong the license, we will ask you for your permission. You represent and warrant that you own or otherwise control all of the rights to the content that you upload or post.
The Site and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). Intellectual property rights mean rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and are free to use them as we and they see fit.
Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.

17. TRADEMARKS

“Motor Heroes” and our logo are our trademarks. Other trademarks and trade names may also be used on the Site. The use of any trademarks on the Site is strictly prohibited unless you have our prior written permission.

18. ACCURACY OF INFORMATION AND AVAILABILITY OF THE SITE

While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
We may suspend or terminate operation of the Site at any time as we see fit.
News, articles, podcasts or similar media are provided for your general information purposes only and to inform you about us and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.

19. HYPERLINKS AND THIRD-PARTY SITES

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.

20. LIMIT ON OUR RESPONSIBILITY TO YOU

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.
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 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.
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1.4. Notwithstanding any other provision of the contract, our liability shall not be limited in any way in respect of the following:
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 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.
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21. EVENTS BEYOND OUR CONTROL

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.

22. RIGHTS OF THIRD PARTIES

No one other than a party to these Terms has any right to enforce any of these Terms.

23. VARIATION

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.

25. UNENFORCEABLE PROVISIONS

If any provision of these Terms is found to be unenforceable, all other provisions shall remain unaffected.

26. JURISDICTION AND APPLICABLE LAW

If you are a business user, the courts of Italy will have exclusive jurisdiction in relation to these Terms and Italian law will apply to these Terms.
If you are a consumer user, the courts of the Italy will have non-exclusive jurisdiction in relation to these Terms and Italy law will apply to these Terms.
These Terms were last updated March 2022.

APPENDIX 1 – CANCELLATION FORM FOR ALL CONSUMERS RESIDENT IN THE EU (INCLUDING GERMANY)

**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: info@motorheroes.com I hereby give notice that I cancel my contract of sale of the supply of following services provided by Motor Heroes,

For a Seller: my registration for Motor Heroes services on [date];
For a Buyer: my registration for submitting a bid on an Auction Lot on [date]. Name of consumer, Address of consumer(s), Date