Sellers Terms of Use

These terms of use describe the terms applicable to your use of our services available on our Website (“Terms of Use”). We strongly recommend that you also access and read the information contained in referenced pages and websites referred to in these Terms of Use, as they may contain further terms that apply to you.

By registering and using our services (purchasing digital advertising space on our Website, advertising Breakers in Parts, Motors and motor vehicle parts and associated fittings, purchasing a subscription for an Online business profile and providing Quotes to buyers) or by simply browsing through our News or continuing to use any part of our Website applicable to you (“Services”), you accept all Terms of Use (which also include the Privacy Policy and Cookies Policy as made available on our Website) and any policies that apply to the services provided and that you agree to comply with them.

Please note that not all Services we provide on our Website will be available to all Sellers so we urge you to read these Terms of Use carefully. To help you understand what type of Services might be applicable to you we have created different categories of Sellers: UK Scrap yards, UK Garages, UK Motor Traders (all together “UK Business Seller”) and UK Private Seller.

In these Terms of Use:

"We/us/our" means Motor Breaker Limited. We are a limited liability company registered in England and Wales under company number 08403953 and have our registered office at 22-26 Bank Street, Herne Bay, England, CT6 5EA.

"Website" means motorbreaker.co.uk. Link to motorbreaker.co.uk consists of this Website, through any means of access including but not limited to PCs, tablets and smartphones.

"You/your/seller" means a UK based seller of Motor vehicles / motor vehicle parts and associated fittings or a motoring service provider acting in the course of trade or business including a UK Scrap yard, UK Motor Trader, UK Garage, or a UK Private Seller wishing to sell motor vehicles, motor vehicle parts and associated fittings.

“UK Scrap yard” means a UK based / licensed business buying, selling, dismantling and dealing in motor vehicles, motor vehicle parts and associated fittings.

“UK Motor Trader” means a UK based/ licensed business buying, selling and dealing in motor vehicles, motor vehicle parts and associated fittings.

“UK Garage” means a UK based / licensed business offering services related to motor vehicles, including buying, selling and dealing in motor vehicles, motor vehicle parts and associated fittings.

“UK Private Seller” means an individual UK citizen selling and dealing in motor vehicles, motor vehicle parts and associated fittings and not acting in the course of trade or business.

About us (Applicable to all Sellers)

We operate as a marketplace that allows Buyers to buy Motor vehicles / motor vehicle parts and associated fittings by submitting requests for quotes or bids to Sellers and that allows Sellers to sell Motor vehicles / motor vehicle parts and associated fittings in accordance with their own terms and conditions. We are not a traditional auctioneer.

We are not a party to any arrangements reached between Buyers and Sellers and are not involved in the actual transaction between them. The contract for sale is made between Buyer and any Seller in accordance with each Seller’s terms and conditions and we shall have no responsibility in relation to (i) any dealings between Buyer and the Seller, (ii) the payments made by Buyer to the Seller, and (iii) any loss or damage that arise thereof.

We may provide some guidance for the Buyers and Sellers on our Website but such guidance is solely informational and you may decide to follow it or not.

We do not have possession of the items (Motor vehicles / motor vehicle parts and associated fittings) advertised on our Website nor do we inspect any of the items sold on our Website. We cannot give any guarantee in relation to the existence, safety, legality and quality of the Motor vehicles / motor vehicle parts and associated fittings or services advertised on our Website, and the ability of Sellers to sell items and / or Buyer’s ability to pay for items or that a Buyer or Seller will actually complete a transaction or return an item.

In addition to the buying and selling of the items on our Website, our Website also allows Buyers to review Sellers after engaging with them. On our Website we provide News available to both Buyers and Sellers without registering their account with us. You agree to comply with all applicable laws, statutes and regulations regarding participation in the online marketplace and use of our Website.

All monetary amounts on our Website are in GBP (UK Pounds) unless otherwise stated in these Terms of Use. The price stated in the bid/quote includes VAT and delivery costs (Delivery costs apply only to Find a Part, Parts Shop and Breakers in parts services).

Access to Website (Applicable to all Sellers)

We shall provide our Services with reasonable care and skill in a professional and timely manner. However, we do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. From time to time, we may restrict your access to some parts of our Website, or our entire Website.

We reserve the right to terminate the provision of our services or restrict your access to our Website at any time without notice for any reason whatsoever, including if we suspect you to be in breach of any of the Terms.

We may make changes to these Terms of Use

Please note that we amend these Terms of Use from time to time. Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time. Use of the Website after changes are posted on-line constitutes acceptance of any new Terms of Use.

We may make changes to our Website

We may update and change our Website from time to time to reflect changes to our services.

Some content on our Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We do not accept responsibility for keeping the information up to date or liability for any failure to do so.

By visiting our Website, you warrant that:

you have the legal capacity and are free contractually to accept these Terms of Use;
that you are at least 18 years old;

Registration (applicable to all Sellers)

The registration process is free of charge.

To gain access to Services on the Website you will need to register with us and create your account. Where you wish to purchase digital advertising space on our Website, advertise Breakers in Parts, Motor vehicles, motor vehicle parts and associated fittings, purchase a subscription for an Online business profile and provide Quotes to buyers, in addition to the registration, you may need to purchase an online subscription or pay for the adverts to be published. For additional information please visit our FAQs.

As part of the registration process you will have to fill out the online form and submit all documents as required. Where you are required to register and / or purchase a subscription you will provide us with the data and documentation we have requested from you.

The person registering the business must be eligible and must have the authority to agree to our Terms of Use on behalf of the business.

In addition, UK Scrap yards and UK Garages must have an account with Stripe and must pass the onboarding process successfully. The person registering the business will need to pass the Identity Verification Process with Stripe.

All personal information supplied by you as part of the registration process will be protected in line with our Privacy Policy and Stripes Privacy Policy.

By registering an account with us, you agree, undertake, warrant and acknowledge that:

the information supplied with your registration to use the service and your request to purchase a subscription will be truthful, accurate and complete;
you will not attempt to register in the name of any other individual nor will you adopt any username which we deem to be offensive;
that your accounts are not transferable;
that you are an individual UK citizen (only applicable to UK Private Seller);
you will not use our Website for any commercial or business purposes not acting in the course of trade or business (only applicable to UK Private Seller);
you personally guarantee that you have the authority to agree to the Terms of Use on behalf of the business (only applicable to UK Business Seller);
you are a legal entity registered in the UK (only applicable to all UK Business sellers);
you will not place any advert as a private advert and/or otherwise pass yourself off as a UK private seller (applicable to all UK Business Sellers);
you have the right to advertise Breakers in Parts in order to sell motor vehicle parts and associated fittings on our Website as placed in your adverts (only applicable to all UK Scrap yards);
you have the right to advertise motor vehicle parts in order to sell them on our Website as placed in your adverts (applicable to all UK Business Sellers);
you have the right to advertise Motor vehicles in order to sell them on our Website as placed in your adverts (applicable to all Sellers);
where you register as a UK Scrap yard, that you are a UK based/ licensed business buying, selling, dismantling and dealing in motor vehicles, motor vehicle parts and associated fittings (applicable only to UK Scrap yards);
where you register as a UK Motor Trader, that you are a UK based/ licensed business buying, selling and dealing in motor vehicles, motor vehicle parts and associated fittings (applicable only to UK Motor Trader);
where you register as a UK Garage, that you are a UK based/ licensed business offering services related to motor vehicles, including buying, selling and dealing in motor vehicles, motor vehicle parts and associated fittings (applicable only to UK Garages);
where you operate as a UK Garage, you give us your consent to publish your data on our Website prior to your registration (applicable only to UK Garages);
you will adhere to the principles and regulations of Trading Standards Agency (applicable to UK Business Sellers);
you will comply with the HM Revenue & Customs VAT regulations. For further information please visit the following link: https://www.gov.uk/vat-businesses (applicable to UK Business Sellers).

Unless caused by our negligence, we will not be liable for any loss you might suffer if third-party gains unauthorised access to your account.

Your Warranties (applicable to all Sellers)

Your information provided to us or other users in the registration process, advertising, subscription, or providing Quotes, and in any public message area or through any e-mail feature and your activities on our Website shall not:

be false, inaccurate or misleading;
breach any laws and any of our policies;
be obscene, defamatory or libellous;
infringe any patent, trademark, copyright, trade secret or other intellectual property right or proprietary right of any person;
contain viruses, spyware, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with or harm our Website in any way;
include activity such as copying, modifying or the distribution of rights or content from our Website or Website's copyrights and trademarks;
include the usage of any tool that interfere with the normal functioning of our Website;
restrict or inhibit any other user from using and benefitting from our Website;
create liability for us or cause us to lose (in whole or in part) the services of any of our partners or suppliers;
any information which could personally identify any other person, unless you are entitled to do so;
create problems or possible legal liabilities for us, other users (buyers or sellers), suppliers or other third parties;
result with the distribution of spam, chain letters, or promotion of pyramid schemes;
result in your impersonation of another person or entity;
endorse, promote or advertise any other product, goods or service and in particular that is similar to or in competition with our service.

Terms and conditions for the business accounts (applicable to UK Scrap yards and UK Garages)

If you are a UK Scrap yard and UK Garage and you wish to create your online business profile on our Website you will be required to provide us with the information and certain documents we request from you. The full list of the required documents is set out on our Website. Please note that we may change or add additional documents to that list from time to time.

The information and the documents you provide us with will be checked on by external third parties (such as Experian, Equifax or Stripe). Only once the information and the documents have been checked by external third parties and if / when approved by us, we will activate your account. Please note that the provisions of the Terms of Use will be incorporated in these terms and conditions.

You agree to these terms and conditions for the business online profile and Rules on Content of the advert/online business profile, Rules on our rights and obligations in relation to adverts / business profiles and Rules on suspension and termination and removal of your advert /business online profile, when you set up your account on our Website. You will only be able to utilise this service if you successfully attach your Stripe account on our Website.

You agree to pay the price at the rate notified to you at the time you purchase the Subscription for online business profile. We may modify the price of a package from time to time. We will notify you in advance of any increase in the price and offer you an opportunity to cancel if you do not wish to pay the new price. If we discover an error in the prices listed on the Website, we will inform you and give you the option of continuing to purchase the Subscription at the correct price or cancelling your order. If we are unable to contact you, we will treat the order as cancelled. You agree to keep your contact details provided to us with your registration up to date.

When you "Activate your account" you will either see a page or receive an email if you have supplied your email address acknowledging that your order has been received successfully and is being processed, however, the contract between us is not formed at this point. A legally binding contract is formed on the date we send you confirmation of your order and payment has been taken (Commencement Date). We will try to process your Subscription promptly, but we do not guarantee that your Subscription will be activated at any specified time.

We will not be responsible if you fail to receive the written confirmation because you have supplied us with an incorrect email address.

We reserve the right not to accept or process your Account for any reason. All orders are subject to validation checks and authorisation by Stripe.

We reserve the right not to fulfil and to cancel your account:

In the event of obvious inaccuracies in prices, except that we may fulfil your order at the correct price;
If we are unable to obtain payment authorisation from Stripe.

We may change the services covered under the subscription:

to reflect changes in relevant laws and regulatory requirements;
to implement minor technical adjustments and improvements to our digital content, e.g. to address a security threat.

Our Subscriptions are purchased on a monthly/yearly basis (Subscription Period) starting from the Commencement Date and this means your Subscription will automatically renew for the same Subscription Period unless you cancel the Subscription in accordance with your cancellation rights described below. Upon renewal our partner payment company Stripe will charge the current Subscription price by using the same card or other payment method that you previously used (Collection Day).

There may be an annual inflation increase to the subscription each April in line with the RPI published in January of that same year.

Please note that we cannot and do not accept liability for any loss or damage incurred as a result of using Stripe as a payment mechanism.

Cancellation by you

You will have the right to cancel your Subscription without any reason by providing us with 10 calendar days’ notice period prior to the next Collection Day. If you do not cancel your Subscription at least 10 calendar days’ prior to the next Collection Day, your Subscription will be extended for an additional Subscription Period and will automatically end on the last day of that extended Subscription Period. Please note that you will be charged with the full amount of the current Subscription price for that extended Subscription Period. You can give your notice to cancel by obtaining and completing a cancellation form on our Website.

Cancellation by us

We may immediately terminate the Subscription where you have breached any provisions of this Terms of Use (Access to Website, Registration, Your Warranties, Copyright and Trademarks and Disclaimer and warranties).

If we terminate your Subscription due to any reason above you will not be entitled to any refund of the subscription price you have paid for the Subscription period in which the termination has occurred.

Your Subscription will terminate automatically, if our partner payment company Stripe is unable to collect any money due to us on the Collection Day.

Please note that as a UK Scrap yard or UK Garage you are obliged to and undertake to:

upload your terms and conditions of sale on your business online profile without any delay;
you must accept Stripe as a payment method, and
you must comply with the UK Scrap yard and UK Garage selling policies.

If you fail to upload or make available your terms and conditions of sale in your business online profile, this will be deemed a breach of these Terms and Conditions and will be authorised to immediately terminate your Account and you will not be entitled to any refund of the subscription price you have paid for the Subscription period in which the termination has occurred.

By entering into a legally binding contract for the Subscription for an online business profile with us, UK Scrap yard or UK Garage automatically accepts the Part Quotation Service, Parts shop Overview and Rules and Bidding Overview and Rules - Payment of Deposit.

Part Quotation Service, Parts Shop Overview and Rules (applicable to UK Scrap yards and UK Garages)

Where a UK Scrap yard or UK Garage successfully activated an online business profile, they will be able to list adverts of motor vehicle parts and associated fittings, Breakers in parts, receive bid/offers, receive requests for quotes and give quotes (Quote) to our registered users / Buyers for the sale of motor vehicle parts and associated fittings.

Once a UK Scrap yard receives a request for quote from the registered user, the UK Scrap yard will have the ability to provide a Quote, and the registered user can either act on the Quote or it will expire in accordance with the UK Scrap yards terms and conditions of sale published on their online business profile.

The rules on submitting the request(s) for quotes and issuing Quote(s) and the sale of the motor vehicle parts and associated fittings is solely governed by the UK Scrap yards terms and conditions published on their online business profile.

As a UK Scrap yard, you undertake to provide only genuine Quotes and consequently supply genuine motor vehicle parts and associated fittings and hold an account with Stripe and keep the account solvent at all times.

If a Buyer accepts Quotes you will enter into a contract with the Buyer and sell the item subject to UK Scrap yards terms and conditions for sale. We will not have any further involvement in the process.

In case of our Parts Shop, if the UK Scrap yard or UK Garage sells an item to a registered user for the advertised price or accepted bid/offer, the sale of the advertised motor vehicle part or associated fittings is solely governed by the UK Scrap yards or UK Garage terms and conditions published on their online business profile.

Any payment by the registered user is to be made directly to the UK Scrap yard or UK Garage via Stripe. We shall hold no responsibility in relation to the payment made by the registered user to the Sellers. As a UK Scrap yard or UK Garage, you must not allow buyers to make direct payments into your personal accounts, or business accounts. UK Scrap yards and UK Garages are not allowed to request cash, BACS, CHAPS, Faster Payments or Cheque for parts quoted or purchased by the buyers via our Website.

As we shall not be a party to any contract made between you and any Buyer and we shall have no responsibility in relation to (i) any dealings between you and any Buyer, (ii) the payments made to you by the Buyers, and (iii) any loss or damage that arise thereof.

You must accept Stripe as a payment method.

Our Fees / Commission for the sale of motor vehicle parts and fittings

As a UK Scrap yard or UK Garage, you agree that we shall charge a Commission Fee to you on any type of sale of motor vehicle parts and associated fittings between the UK Scrap yard or UK Garage and the registered user. The Commission Fee will apply to all payments made via Stripe.

You must have an account with Stripe and accept Stripe as a payment method. Please check the Stripe Services Agreement and Stripe Fees for more information.

The Commission Fee will be owed by the UK Scrap yard or UK Garage to us on each purchase.

As a UK Scrap yard or UK Garage you hereby agree to pay us the Commission Fee in the following amount:

A non-refundable 6% of the final transaction fee. The Commission Fee is inclusive of 20% VAT. The Commission Fee will commence from the 1st of July of 2021.

Refunds back to any registered user will be subject to a Stripe surcharge payable by the UK Scrap yard or UK Garage. Please note that we cannot and do not accept liability for any loss or damage incurred as a result of using Stripe as a payment mechanism and / or if the Buyer did not make the payment.

Bidding Overview and Rules – Payment of Deposit (applicable only to UK Scrap Yards)

Where a UK Scrap yard receives a bid on a Motor vehicle from a Buyer and accepts such a bid, the Buyer will be required to pay a deposit as requested by the UK Scrap yard and as set out in their Terms and Conditions on their online business profile.

As a UK Scrap yard, you agree that we shall charge a Commission Fee on a deposit payment between the UK Scrap yard and the registered user.

You must have an account with Stripe and accept Stripe as a payment method. Please check the Stripe Services Agreement and Stripe Fees for more information.

The Commission Fee will be owed by the UK Scrap yard to us on each deposit payment.

As a UK Scrap yard you hereby agree to pay us the Commission Fee in the following amount:

A non-refundable 6% of the final transaction fee. The Commission Fee is inclusive of 20% VAT. The Commission Fee will apply to all deposit payments made via Stripe. The Commission Fee will commence from the 1st of July of 2021.

For the avoidance of doubt, if any refund is being made to a buyer, neither the transaction fee nor the Commission Fee shall be refunded by us under any circumstances. The seller shall have sole responsibility for refunding the buyer.

Refunds back to any registered user will be subject to a Stripe surcharge payable by the UK Scrap yard. Please note that we cannot and do not accept liability for any loss or damage incurred as a result of using Stripe as a payment mechanism and / or if the Buyer did not make the payment.

Terms and conditions on Advertising of Motor vehicles (applicable to all Sellers)

Once your account has been activated, you will be able to purchase digital advertising space on our Website to advertise the sale of Motor vehicles.

These terms apply to any adverts that are placed, purchased, renewed and/or amended until that advert expires or is amended or renewed. Please note that by placing an advert with us, you are deemed to have accepted these Terms and Conditions on Advertising of Motor vehicles and the Rules on Content of the advert/online business profile, Rules on our rights and obligations in relation to adverts / business profiles and Rules on suspension and termination and removal of your advert /business online profile. Please note that the provisions of the Terms of Use will be incorporated in these terms and conditions.

If we accept your advert, whilst we will try to process your request to publish an advert promptly, we do not guarantee that the advert will be published at any specified time.

You agree to pay the price at the rate notified to you at the time you purchase / place the advert. All information on the price is quoted on our Website and is inclusive of VAT.

Payments for placing the adverts are made via Stripe. Please note that we cannot and do not accept liability for any loss or damage incurred as a result of using Stripe as a payment mechanism. We reserve the right not to accept or process your order for any reason. All orders are subject to validation checks and authorisation by Stripe.

Once we accept your request to publish an advert, a confirmation email will be sent to you explaining that the advert has gone live on our Website. If an advert has been rejected for publication, we will try to contact you to explain why your advert has been rejected. In the event that we reject the advert prior to publishing, no charge will be incurred by you. Please note that no contract will be deemed to exist between you and us until we have sent you a confirmation email.

We may modify the price from time to time. However, any revised price shall not apply to any adverts placed with us before the publication of the revised price.

An advert can be cancelled at any time by you but no refunds will be given unless you cancel due to our breach of these terms and conditions on advertising of Motor vehicles.

By submitting your request to publish an advert, you consent to us publishing your advert within the statutory 14-day cancellation period afforded to consumers / UK Private Sellers, which begins on the day that we notify you that your advert has gone live on our Website. By submitting your advert for publication, you acknowledge that your right to cancel the contract at no cost to you will be lost.

You will adhere to the regulations of the Advertising Standards Authority (“ASA”). It is highly recommended that before you create any content for adverts you read through the CAP Code to help you understand what you must and must not do when creating your listings.

Rules on Content of the advert/online business profile (applicable to all Sellers)

You hereby undertake that the content / photographs provided in your advert / online business profile will comply with the following:

the content / photographs provided / uploaded in your advert / online business profile will not infringe the copyright or any other rights of any third party;
the content / photographs provided / uploaded in your advert / online business profile will not contain any defamatory, libellous, obscene or otherwise offensive matter nor breach any contract or law or duty of confidentiality or data protection rights (must not contain individuals that can be personally identified), nor constitute contempt of court or obscenity;
the content / photographs in advert should only show one Motor vehicle (applicable to all UK Sellers);
the content / photographs in advert should only show one Breaker in Parts (applicable to UK Scrap yards);
the content / photographs in advert should only show one motor vehicle part (applicable to UK Scrap yards and UK Garages);
the content / photographs provided / uploaded in your advert / online business profile will not infringe any applicable laws, regulations, regulatory policies, guidelines or codes in each case from time to time in force, including all such guidelines and codes issued by statutory, regulatory and industry bodies;
the content / photographs must not include promotional material, logos, flyers, other ads, or any other content intended for commercial purposes;
the content / photographs comply with the British Code of Advertising Practice, all other relevant codes governed by the Advertising Standards Authority and all current relevant legislation.

If a photograph does not meet the requirements set out above we reserve the right not to publish the photograph, advert or online profile.

Rules on our rights and obligations in relation to adverts / business profiles

You are solely responsible for providing any content / photographs which form part of your advert / online business profile unless agreed otherwise by us. We shall have no responsibility for the quality of any content / photograph you upload and / or provide to us, nor do we control your content. Accordingly, you shall be responsible for any losses, expenses or other costs incurred by us caused by an untrue statement or inaccurate or unlawful content that you provide.

Rules on suspension and termination and removal of your advert / online business profile

We may immediately suspend or terminate the contract we have with you for the advertising and / or online business profile and remove your advert / profile where:

you have breached any term of the Terms and Conditions for your online business profile subscription and general provisions of the Terms of Use (Registration, Your Warranties, Further account registration and Intellectual Property Rights), (applicable to UK Scrap yards and UK Garages);
you have breached any term of the Terms and Conditions for Part Quotation Service and general provisions of the Terms of Use (Registration, Your Warranties, Further account registration and Intellectual Property Rights), (applicable to UK Scrap yards);
you have breached any term of the Terms and Conditions for advertising of Motor vehicles and motor vehicle parts and associated fittings general provisions of the Terms of Use (Account Registration, Warranties, Further account registration and Intellectual Property Rights), (applicable to all UK sellers that have placed an advert with us);
you have breached any term of the Terms and Conditions for advertising of Breakers in Parts, motor vehicle parts and associated fittings and general provisions of the Terms of Use (Account Registration, Warranties, Further account registration and Intellectual Property Rights), (applicable to UK Scrap yards that have placed an advert with us);
you have breached any provision of the “Content of the advert / online business profile”;
we were instructed to remove your advert / online business profile by a third party acting as a competent law enforcement and / or regulatory body;
we have received a complaint from a third party regarding your unreasonable conduct in the sale of Motor vehicles, motor vehicle parts and associated fittings or should we deem that you have been acting in an improper manner that was advertised on our Website and connected to your advert or online business profile (applicable only to UK Scrap yards and UK Garages);
if you do not upload your terms and conditions of sale on your online business profile without any delay once your subscription has commenced (applicable to UK Scrap yards and UK Garages);

If we remove your online business profile due to any reason mentioned above, you will not be entitled to any refund of the subscription price you have paid for the Subscription period in which the termination has occurred (applicable only to UK Scrap yards and UK garages).

Intellectual Property Rights (applicable to all Sellers)

We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. All trademarks, names and logos are the proprietary marks of Motor Breaker Limited. Marks identifying third parties are owned or licensed by those third parties or their associated companies. No conditions within these Terms of Use confer on you any licence or right under any trademarks, names or logos. We shall not be liable for failure to perform any of our obligations under these Terms of Use caused by matters beyond our reasonable control.

Unless, by exemption permitted within these Terms of Use, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of the Website (including paper or digital copies of any materials you have printed off or downloaded in any way). In particular, you must not cache any of the contents for access by third parties, nor mirror or frame any of the content of the Website nor incorporate it into another website without our express written permission.

You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

When you give us your information including the content of Quotes, adverts, business online profile or any material you upload on our Website, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future including, without limitation, on any third party platforms and media channels.

In particular, by giving us content, you grant us the right to display such content on platforms in other countries, and on other online marketplaces, social media channels, blogs, in all types of marketing communications and on all other platforms. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law. We also have the right to disclose your identity to any third party who is claiming that any content provided by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You will be liable to us and indemnify us for any breach of your obligations / warranties under this section. This means you will be responsible for any loss or damage we suffer as a result of your breach of terms and / or warranties.

Limitation of Liability (applicable to all Sellers)

The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy and as otherwise excluded in these Terms of use. You understand and acknowledge that in using our services you may be exposed to content that is factually inaccurate, offensive, indecent, fraudulent or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect to any such content

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are dissatisfied with our Website, or these Terms of Use, your only remedy under the Terms of Use shall be to discontinue use of our Website and / or our Services. Without limiting the preceding sentence, we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.

Except as expressly set out in the Terms of Use and / or individual Terms and Conditions, we exclude all implied conditions, warranties, representations or other terms that may apply or may be incorporated into this Terms of Use and / or individual Terms and Conditions by statute, common law, or otherwise and any liabilities arising from them are expressly excluded to the extent permitted by law.

We (including our parent, subsidiaries, affiliates, directors, agents and employees) will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in any way in connection with this Terms of Use and / or individual Terms and Conditions.

In particular, we will not be liable for:

loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.

If you are a consumer / UK Private seller:

In the event that any limitation or exclusion of liability in the Terms of Use and / or individual Terms and Conditions is not enforceable, the total aggregate liability of Motor Breaker in contract, tort (including without limitation negligence), statutory duty or otherwise, in respect of all claims arising under or in connection with these Terms of Use and / or individual Terms and Conditions (that are applicable to private UK Sellers) shall not be more than £1.

Each of the provisions of this section “Limitation of Liability” shall be construed separately and independently of the others.

We are not liable for any failure to perform any of our obligations under these terms of use caused by matters beyond our reasonable control.

Nothing in these Conditions affects your legal rights. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards (applicable to all UK Private sellers).

Compensation (applicable to all Sellers)

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

Dispute (applicable to all Sellers)

We are certain that you will be satisfied with the service, but if you have any concerns, you can make a complaint as set out below.

If you wish to complain about any dealing that you have with us, please contact us in one of the following manners:

In writing, please contact us at or registered office at 22-26 Bank Street, Herne Bay, England, CT6 5EA.
Via email, please use the following email This email address is being protected from spambots. You need JavaScript enabled to view it..

Please report problems, offensive content and breaches to our email address This email address is being protected from spambots. You need JavaScript enabled to view it..

However, in the event that you have a dispute with a buyer, you must address such dispute directly to the buyer concerned.

In the event that you have a dispute with the registered user / potential buyer you hereby release us (and our officers, directors, agents, subsidiaries, partners, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Abuse of our Website (applicable to all Sellers)

We may immediately terminate any contract we have with you and deactivate your account and remove your advert / online business profile where:

you fail to meet the obligations set out in the UK Breakers selling policies (applicable to UK Breakers)
If a buyer makes a serious complaint which is upheld by us;
If there are three complaints against your account over the period of two consecutive years we may deactivate your account immediately with no subscription refund payable;
you breach any of the provision set out in these Terms of Use under section Your Warranties and Registration;
use our Website for any commercial or business purposes (applicable to UK Private Sellers);
if in our sole opinion such restrictions / actions will improve the security of our Website or reduce our or another user’s exposure to financial liabilities;
in our sole opinion such you are acting inconsistently with the letter or spirit of these Terms of Use; or
despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us.

If we remove your business online profile due to any reason mentioned above, you will not be entitled to any refund of the subscription price you have paid for the Subscription period in which the termination has occurred.

Miscellaneous (applicable to all Sellers)

You agree that we will commence supplying our Services to you as soon as you accept these Terms of Use and provided you meet your obligations as set out in these Terms of Use.

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

The Terms of Use constitute the entire agreement as to your use of and our provision of motorbreaker.co.uk and supersedes all previous arrangements, communications and representations (other than fraudulent misrepresentations) whether written or oral.

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

If any of the Terms of Use are found illegal or unenforceable such term shall, insofar as it is severable from the remaining terms, be deemed omitted from these terms and shall in no way affect the legality, validity or enforceability of the remaining terms which shall continue in full force and effect.

No failure or delay by us or you to exercise any right or remedy provided under these Terms of Use or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

You acknowledge that you have placed no reliance on any representation made but not set out expressly in the Terms.

The Terms of Use shall be subject to the laws of England and Wales and the parties shall submit to the exclusive jurisdiction of the English courts, except that if you are a Private Seller and a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are you are a Private Seller and a resident of Scotland, you may also bring proceedings in Scotland.

In the event of any comments or questions regarding the Terms of Use then please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it..

UK Scrap yard and UK Garage selling policies

By selling motor vehicle parts and associated fittings via our Website any UK Scrap yard and UK Garage must adhere to the following:

Any UK Scrap yard and UK Garage shall upload their terms and conditions on their online business profile without any delay. The terms and conditions must include following content:

Comprehensive returns policy

Postage and packaging method, costs, fees and other information.
Terms and fees for motor vehicle parts and associated fittings storage facilities, delivery, deposit requirement and terms.
Taxes and any applicable government-imposed fees.
Detailed information on the terms of the transaction in your quote or listing

You must comply with the Electronic Commerce (EC Directive) Regulations 2002 and provide following information in relation to the selling:

Contact details of your business (including name / trading name and email address)
Geographical address
Details of a register, including any registration number
If your business is a member of a trade or similar register available to the public, you must provide a confirmation of such membership
The particulars of the relevant supervisory authority if your services are subject to an authorisation scheme
VAT Number, if your online activities are subject to VAT
Clear and unambiguous indication of prices, including any delivery or tax charges

You must adhere with the following:

Make sure listings are not misleading and provide clear and accurate information
Create a returns policy including the time period in which buyers can return items and get a full refund
In particular, you must comply with the statutory right of the consumer:

- to cancel their order for any reason within 14 days beginning with the day they receive the item.

- to reject goods that are of unsatisfactory quality, unfit for purpose or not as described (within 30 days starting from the delivery of the parts) and get a full refund.

Complaints & Disputes

You must acknowledge all complaints within 24 hours (on working days).
You must resolve all complaints within 5 working days beginning with the day on which the complaint was made.
If the complaint reaches us, then administration charge of £100 will be issued to UK Scrap yard or UK Garage.
If the complaint is not resolved within 48 hours following our involvement a further charge of £50 a day will be issued until the issue is resolved.
If UK Scrap yard or UK Garage gets three complaints against their account over the period of two consecutive years we may deactivate their account immediately with no subscription refund payable.

Compliance with the regulations

You must fully comply with the following regulations and provide following information in relation to the selling, refund, returns and exchanges:

Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Please refer to the following link for more information: https://www.gov.uk/online-and-distance-selling-for-businesses.
The Consumer Right Act 2015 Please refer to the following link for more information: https://www.gov.uk/government/publications/consumer-rights-act-2015/consumer-rights-act-2015

Under the Consumer Right Act 2015 all items sold must be of satisfactory quality, fit for purpose and as described. Therefore all items must meet the following standards:

be of satisfactory quality
meet any description given in the listing
be fit for the purpose

Please note that any attempt to mislead the consumer about their rights is an offence under the Consumer Protection from Unfair Trading Regulations 2008. In addition, the Consumer Protection from Unfair Trading Regulations 2008 prohibits business sellers from engaging in unfair commercial practices which harm consumers' economic interests. The provision of information about prices is one form of commercial practice.

In particular, the regulations prohibit business from:

Misleading consumers about the price of a product, or the manner in which the price is calculated
Misleading consumers as to the existence of a specific price advantage
Omitting information on the price or any related charges including taxes, delivery and postage charges, unless these are already apparent from the context
Misleading or confusing information about the applicability of taxes or customs fees that may be payable on the item which are not included in the sale or postage price

UK Scrap yard and UK Garage policies and obligations

Any UK Scrap yard and UK Garage using Part Quotation Service or selling motor vehicle parts and associated fittings on Parts Shop shall adhere to the following policies:

Answering buyers question promptly and without delay
Communicating with the buyers in a transparent, fair and professional manner throughout the transaction
Adhering to the product availability section in these terms and conditions
Specifying your dispatch time and returns policy on your online business profile
Post items on time, within your specified dispatch time
Charging reasonable postage and packaging costs
Providing tracking details for items you've sold
Enabling the items are delivered to the buyers as described in your listing
Manage inventory and keep items well stocked
Frequently reviewing and updating listings to make sure all information is accurate and up to date

Communication with the buyers

You should communicate with the buyers in the following manner:

Respond promptly to any questions and queries (within 24 hours on a working day at latest) during the bidding or buying process, and after the item has been purchased
Respond to the requests for Quotes or Enquiries regarding motor vehicle parts and associated fittings on Parts Shop as soon as possible
Respond to the buyers using following methods: phone, email, written letters and online messenger
Be responsive to any buyer concerns or problems

Product availability

You must ensure the items offered on our Website are in stock and are delivered to the buyer unless the buyer doesn't meet the terms of your quote or listing.

You will be responsible to let the buyer know when the item will be available or issue a full refund immediately.

You must not quote or list an item that may be out of stock or dispatch an item that was not ordered by the buyer.

Delivery, dispatch time and tracking

Clearly and accurately specify in your advert or within your Quote information when the item will be dispatched to the buyer.

After the purchase you must post the item immediately. Use tracking, delivery confirmation, or signature confirmation to ensure that both you and your buyer can track the package and know when it will be delivered.

You should never claim that you are not responsible for item delivery or for ensuring that the item is delivered.

Providing tracking details for items you've sold is an industry-standard and something that your buyers expect.

Postage and related charges

You must specify postage, packaging charges and related service charges when you give your Quotes or advertise motor vehicle parts and associated fittings on Parts Shop. You must not charge unreasonable fees for postage and related services.

Insurance: You aren't allowed to charge a separate fee for insurance, however, you may still choose to purchase postal insurance; however, you can't pass this cost onto buyers.

Tariffs, duties, and customs fees for international transactions: You are not allowed to collect tariffs, duties or customs fees. (Buyers are responsible for paying these fees as required by country laws).

You must not inappropriately classify an item as a gift in order to avoid certain duties, tariffs or customs fees. UK law prohibits submitting false or misleading customs information.

Returns

You are obliged to deal with any return policy related matter as is specified under sections “Obligation to publish terms and conditions for sale” and “Compliance with the regulations”.

You will specify if items can be returned, and in particular:

The time period in which a buyer must notify you about a return
Who pays for return postage
How the refund is issued

In addition, you should also be specific about:

If there are item conditions required for return, clearly state those conditions (Note: Under the Consumer Contracts Regulations, business sellers cannot insist that buyers return the item in a certain condition)
How long it will take for a return to be processed and the money refunded back into the buyer's account.

You are not legally permitted to charge restocking fees or any type of administration fee.

Adherence with the obligations

Any UK Scrap yard or UK Garage using Part Quotation Service or selling motor vehicle parts and associated fittings on Parts Shop shall adhere to their obligations set out above.

Insurance

UK Scrap yard or UK Garage will be required to maintain general liability insurance including coverage for bodily injury and property damage at a level that would be considered reasonable in the industry of UK Scrap yards or UK Garages based on the risk associated with characteristics of these Terms and Conditions and only to the extent permitted by law.

This policy posted may be changed from time to time. Changes take effect when we post them on our Website.