Terms and Conditions

SELLER PROMISE BUSINESS RULES (BETA PHASE) (“RULES”)

Last updated: 28 January 2022

Seller Promise is an advertising enhancement and buyer trust classification feature that recognises Advertisers who (i) provide a minimum standard of service and after sales service in respect of their vehicles, and (ii) meet minimum criteria in respect of their advertising on the Auto Trader Platforms (with such minimum standard/criteria being as further detailed in these Rules). Seller Promise provides car buyers with a visual indicator of such recognition as Qualifying Advertisers will be permitted to display the Seller Promise Badge on their Adverts and such other areas of the Auto Trader Platforms as shall be determined by Auto Trader at its sole discretion in accordance with these Rules.

Seller Promise is a Product which is provided subject to the Main Advertising Terms & Conditions which are incorporated into these Rules by reference.

Terms defined in the Main Advertising Terms & Conditions shall have the same meaning in these Rules provided that, should a term be defined in both the Main Advertising Terms & Conditions and these Rules, the meaning of the term defined in these Rules shall have precedence in relation to these Rules.

  1. DEFINITIONS

    1. Advertising Standard means the minimum criteria which must be met in respect of an Advertiser’s advertising of vehicles on the Auto Trader Platforms, as further detailed at clause 2.4;
    2. Beta Phase means the period during which Seller Promise is being made available to selected Qualifying Advertisers on a trial basis whilst Auto Trader tests and develops Seller Promise (such period to be as determined by Auto Trader);
    3. Excluded Advertiser means an Advertiser who Auto Trader has determined, acting reasonably and taking into account the previous conduct of such Advertiser, cannot be a Qualifying Advertiser;
    4. Qualifying Advertiser means an Advertiser who is a car retailer and who meets the Advertising Standard and the Service Standard at all times, and otherwise complies with these Rules, and is therefore recognised as participating in Seller Promise;
    5. Seller Promise means the Product provided by Auto Trader which recognises Qualifying Advertisers and allows Qualifying Advertisers to display the Seller Promise Badge and information relating to the Qualifying Advertiser’s compliance with the Service Standard and Advertising Standard on their Adverts and such other areas of the Auto Trader Platforms as shall be determined by Auto Trader at its sole discretion;
    6. Seller Promise Badge means the visual badge or marker that is used to indicate that a Qualifying Advertiser is participating in Seller Promise;
    7. Service Standard means the minimum standard of service and after sales service which must be provided by an Advertiser in respect of their vehicles being advertised on the Auto Trader Platforms, as further detailed at clause 2.3; and
    8. Vehicle Inspection means a multipoint vehicle inspection carried out by the Advertiser as part of the Service Standard which inspects, as a minimum, the vehicle areas specified in the Appendix to these Rules.
  2. ELIGIBILITY

    1. Seller Promise is provided subject to these Rules and is available during the Beta Phase for use by selected Qualifying Advertisers only (excluding Excluded Advertisers) who have an Advertising Agreement in place with Auto Trader and who receive an invite from Auto Trader to participate. For the avoidance of doubt, Seller Promise is not available to private advertisers or ‘pay as you go’ advertisers. To be a Qualifying Advertiser, an Advertiser must meet the Service Standard at clause 2.3 and the Advertising Standard at clause 2.4 at all times.
    2. Seller Promise is currently only available for the Beta Phase. At the end of the Beta Phase, if Auto Trader wishes to continue to provide Seller Promise to Advertisers as a formal Product (which shall be determined at Auto Trader’s sole discretion), it shall notify Advertisers accordingly and such Advertisers shall be required to agree to a new set of Rules for the provision and use of such Product, which may differ to these Rules.
    3. A Qualifying Advertiser must, in respect of every vehicle it advertises on the Auto Trader Platforms:
      1. carry out a vehicle history/provenance check (using the correct VRM for such advertised vehicle) with a reputable check supplier at a reasonable time before advertising the vehicle on the Auto Trader Platforms;
      2. carry out a Vehicle Inspection at a reasonable time before advertising the vehicle on the Auto Trader Platforms, prepare a report detailing the results of such Vehicle Inspection and make such report available to any potential buyer for such vehicle prior to any sale taking place;
      3. provide and maintain a vehicle warranty covering a minimum period of 6 months from sale (or such longer period as the Qualifying Advertiser shall elect from the options made available by Auto Trader and as the Qualifying Advertiser shall notify to the consumer prior to the conclusion of the vehicle contract of sale) and provide full details of the parameters of, and exclusions from, such warranty to any potential buyer for such vehicle. Without prejudice to the generality of clause 2.5 below, such warranty must (i) be in addition to, and not in any way be diminished or reduced by the level of a consumer’s legal rights in respect of a purchased vehicle, and (ii) not in any way diminish or act as a substitute for, a consumer’s legal rights in respect of a purchased vehicle;
      4. ensure that the vehicle has passed an MOT and that there is at least 6 months until such MOT pass expires, at the point the vehicle contract of sale is concluded (and if there is less than 6 months until the MOT pass expires the Advertiser will obtain a new MOT test pass prior to concluding the vehicle contract of sale);
      5. provide a “money back guarantee” to each consumer which meets the following criteria, as a minimum:
        1. where the vehicle was purchased by way of a ‘off-premises sale’ (as defined in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which includes where the vehicle contract of sale is signed by the consumer anywhere other than the Qualifying Advertiser’s business premises) or ‘distance sale’ (where the vehicle contract of sale has been agreed exclusively using distance communication, such as online, email, phone and video conference communication and there has been no physical in-person communication), the consumer shall receive a full refund of the purchase price of the vehicle, provided the vehicle is returned to the Qualifying Advertiser within 14 days of the date the vehicle was purchased, subject to any of the Qualifying Advertiser’s express conditions which apply to such refund which were brought to the consumer’s attention by the Qualifying Advertiser prior to the conclusion of the vehicle contract of sale;
        2. where the vehicle is purchased other than in accordance with paragraph (a) above, the consumer shall receive a full refund of the purchase price of the vehicle, provided the vehicle is returned to the Qualifying Advertiser within 7 days (or such longer periods of 10 days or 14 days as the Qualifying Advertiser shall elect and shall notify to the consumer prior to the conclusion of the vehicle contract of sale) of the date the vehicle was purchased, subject to any of the Qualifying Advertiser’s express conditions which apply to such refund which were brought to the consumer’s attention by the Qualifying Advertiser prior to the conclusion of the vehicle contract of sale;
        3. the Qualifying Advertiser shall provide full details of the conditions of such “money back guarantee” to any potential buyer for such vehicle prior to the conclusion of the vehicle contract of sale. Such “money back guarantee” must (i) be in addition to, and not in any way be diminished or reduced by the level of a consumer’s legal rights in respect of a purchased vehicle, and (ii) not in any way diminish or act as a substitute for, a consumer’s legal rights in respect of a purchased vehicle; and
        4. Without prejudice to the generality of clause 2.5 below, the Qualifying Advertiser must make itself aware of and comply with all laws, regulations, advertising codes, guidelines and any other requirements applicable to the advertising, sale and delivery of any vehicle which constitutes an ‘off-premises sale’ or a ‘distance sale’, including but not limited to The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
      6. ensure that there is at least 6 months until the vehicle’s next service is due (based on the vehicle manufacturer’s defined service schedule) at the point that the vehicle contract of sale is concluded; and
      7. ensure that it:
        1. has, at all times, the ability to (i) accommodate each of an ‘off-premises’ sale and a ‘distance sale’, as the consumer may elect, and (ii) deliver such vehicle to a consumer’s home address at the consumer’s election and shall maintain sufficient resources for that purpose;
        2. notifies the consumer of any cost for delivery of the vehicle to the consumer’s address prior to the conclusion of the vehicle contract of sale; and
        3. has, at all times, the ability to offer ‘click and collect’ services as the consumer may elect, whereby an advertised vehicle is made available by the Qualifying Advertiser for collection by a consumer from any specified collection point within a reasonable period of time following the consumer’s confirmation of purchase,
        4. (the Service Standard ).

    4. A Qualifying Advertiser must:
      1. ensure that, at all times, at least 80% of the Qualifying Advertiser’s Adverts on the Auto Trader Platforms include information on the service history and warranty for the respective vehicles;
      2. ensure that, at all times, at least 80% of the Qualifying Advertiser’s Adverts on the Auto Trader Platforms contain 9 images or more of the respective vehicle (and holding images should only be used as a temporary measure for the period during which the vehicle is being prepared);
      3. subscribe to Auto Trader’s ‘Reservations’ Product, to ensure consumers have the ability to reserve the Qualifying Advertiser’s vehicles on the Auto Trader Platforms;
      4. use best endeavours to remove Adverts from the Auto Trader Platforms once the respective vehicles have been sold to avoid vehicles being advertised that are not able to be reserved by consumers on the Auto Trader Platforms;
      5. use either Portal or the ‘Auto Trader Connect’ Product to manage its vehicle stock to ensure vehicle stock updates are synchronised with vehicle stock available for consumers to reserve on the Auto Trader Platforms;
      6. maintain at all times a minimum average 4-star review rating on Auto Trader’s customer review service (such review rating to be reviewed by Auto Trader on a quarterly basis); and
      7. in respect of any consumer or potential consumer complaint which relates to a vehicle advertised on the Auto Trader Platforms in connection with Seller Promise (whether arising before or after a vehicle sale), work with Auto Trader as required by Auto Trader to promptly resolve such complaint in a responsible and transparent way,

      (the Advertising Standard ).

    5. Noting in these Rules shall operate so as to remove or reduce the obligation on the Qualifying Advertiser to comply with all laws, regulations, advertising codes, guidelines and any other requirements applicable to the advertising and sale of vehicles, and no element of Seller Promise shall operate or be used by any Qualifying Advertiser so as to undermine, diminish or otherwise affect the statutory or other legal rights which a consumer may have in respect of the vehicle advertised for sale.
    6. In the event that a Qualifying Advertiser wishes to provide services of a standard which is higher than the Service Standard in respect of the vehicle warranty, money back guarantee, and/or time until the vehicle’s next due service/MOT, the Qualifying Advertiser shall notify Auto Trader at the point of advertising the vehicle.
    7. Excluded Advertisers are not eligible to participate in Seller Promise.
  3. SELLER PROMISE BADGE

    1. Auto Trader shall display the Seller Promise Badge and information relating to the Qualifying Advertiser’s adherence with the Service Standard and Advertising Standard on the Qualifying Advertiser’s Adverts and such other areas of the Auto Trader Platforms as shall be determined by Auto Trader at its sole discretion.
    2. The Qualifying Advertiser acknowledges and agrees that Auto Trader (and/or its licensors, as appropriate) owns all Intellectual Property Rights existing in the Seller Promise Badge together with all goodwill arising out of or in connection with the Seller Promise Badge. Nothing in these Rules confers on the Qualifying Advertiser any licence or right to use the same except as expressly set out in these Rules.
  4. REMOVAL FROM SELLER PROMISE

    1. If at any time a Qualifying Advertiser:
      1. fails to comply with all elements of the Service Standard and/or Advertising Standard; and/or
      2. is otherwise in breach of these Rules and/or any of the Main Advertising Terms and Conditions,
      the Qualifying Advertiser will be automatically removed from participating in Seller Promise with immediate effect. In such circumstances Auto Trader shall notify the Qualifying Advertiser of the reasons for such action in accordance with the Main Advertising Conditions.
    2. In addition to Auto Trader’s rights under clause 4.1 above, Auto Trader will review consumer reservation cancellation feedback on a regular basis and if more than 15% of feedback for any Qualifying Advertiser is related to reservations being cancelled because the respective vehicles are no longer available, Auto Trader reserves the right to remove such Qualifying Advertiser from participating in Seller Promise with immediate effect. In such circumstances Auto Trader shall notify the Qualifying Advertiser of the reasons for such action in accordance with the Main Advertising Conditions.
  5. INDEMNITY AND LIABILITY

    1. Each Qualifying Advertiser shall indemnify and keep Auto Trader fully indemnified against all claims, costs, proceedings, demands, losses, damages, expenses or liability whatsoever arising out of or in connection with: (i) any consumer complaints or claims brought against Auto Trader in respect of any dealings and/or transactions with the Qualifying Advertiser in connection with Seller Promise (except to the extent such complaint or claim is directly and solely attributable to the actions of Auto Trader); and (iii) any transaction between a consumer and the Qualifying Advertiser for the purchase by the consumer of any vehicle.
    2. Auto Trader makes no guarantees that participation in Seller Promise will lead to sales of vehicles or any particular increase in sales or lead generation.
  6. GENERAL

    1. The Qualifying Advertiser shall not make any representations, statements and/or warranties on behalf or Auto Trader or seek to bind Auto Trader in any manner.
    2. Qualifying Advertisers should promptly notify Auto Trader of any complaints from consumers which relate to Seller Promise.
    3. The design and format of Seller Promise and any related assets on the Auto Trader Platforms shall be determined by Auto Trader and may be amended by Auto Trader at any time at Auto Trader’s sole discretion.
    4. In the event of a breach of these Rules by any Advertiser, without prejudice to clauses 4.1 and 4.2 above, such breach shall be deemed a breach of the Main Advertising Terms and Conditions and Auto Trader be entitled to such rights and remedies available to it thereunder.
    5. During the Beta Phase, on the basis that Seller Promise is being tested as a concept and may be subject to change without notice, Auto Trader may terminate a Qualifying Advertiser’s use of the Seller Promise Product on 7 days’ notice. In addition, a Qualifying Advertiser shall be removed from Seller Promise within a reasonable period following a request for such removal by such Qualifying Advertiser.
    6. Auto Trader reserves the right to amend, modify, remove and/or extend this Product at any point with immediate effect.
    7. Auto Trader may modify these Rules from time to time on giving at least 15 days’ notice in accordance with our Main Advertising Terms and Conditions.

APPENDIX


Vehicle Inspection


Engine and electrics

ITEM WHAT GETS CHECKED
Battery test Condition of the battery and underlying faults (if any)
Engine coolant levels Levels do not fall below minimum
Gearbox fluid levels Levels do not fall below minimum
Timing belt Change date/mileage
Engine mountings Any signs of damage
Cooling system (if applicable) Condition of the system and any hoses
Engine oil levels Levels do not fall below minimum
Vehicle charging system (if applicable) Vehicle charging system for minimum output
All other fluid levels (brake, clutch, power steering) Levels do not fall below minimum
Multi V-belt Check condition and replace if necessary
Fluid leaks Signs of any fluid leaks
Unusual engine noise Evidence of any unusual engine noise
Starting system Starts with ease/overall performance (from hot and cold)
Engine cooling fans Fans operate at the relevant temperature

Underbody

ITEM WHAT GETS CHECKED
Abnormal noise No evidence of abnormal noises from the vehicle
Fluid leaks No evidence of any visual leaks after a test drive
Emissions from exhaust No visual emissions coming from the exhaust
Underbody corrosion Signs of corrosion on underbody
Suspension Efficiency, operation and condition of suspension

Brakes and steering

ITEM WHAT GETS CHECKED
Clutch, steering and brakes Efficiency and operation of all components
Parking brake Efficiency of the brake

Wheels and tyres

ITEM WHAT GETS CHECKED
Tyre tread depths Minimum tread depth is 3mm (all tyres inc. spare if applicable)
Tyre condition Evidence of uneven tyre wear or damage
Wheel trims/alloy condition Ensure no excessive damage or corrosion

Body exterior

ITEM WHAT GETS CHECKED
Dents Bodywork for dents/cracked paint (greater than 5cm in dia.)
Bodywork corrosion Signs of corrosion on bodywork
Body panel fitting and alignment Panels are fitted and aligned correctly
Bonnet catch, safety catch, hinges and tailgate supports All work correctly
Windscreen damage Any damage to windscreen that is an MoT failure
Fuel filling system Petrol caps/lever release works correctly
Door locks Panels are fitted and aligned correctly
All exterior lighting All lights are secure and operate correctly
Door windows (manual / electric) All windows open and close correctly

Interior and controls

ITEM WHAT GETS CHECKED
Cruise control (if applicable) Cruise control works correctly
Vehicle gauges All gauges operate correctly
Engine management lights No engine management lights are illuminated
Wipers and washers All operate correctly and wipers do not need replacing
Rear view mirror / sun visors All work correctly (no damage that could cause impair visibility)
Navigation system (if applicable) All systems work correctly
Instruments, gauges and controls All work correctly
Convertible roof mechanism (if applicable) Roof mechanism works correctly, (retracts/closes correctly)
Internal equipment (e.g. accessory sockets, sun visors, arm rests) All work correctly and have no excessive damage
Internal equipment (e.g. accessory sockets, sun visors, arm rests) All work correctly and have no excessive damage
Air conditioning, heating, and de-mist systems All systems work correctly
Seatbelt operation All fully extend and retract
Warning light operation All warning lights operate correctly
SRS warning light Operates correctly
Visual and audible driver warning systems All systems work correctly
Parking assistance systems (if applicable) All systems work correctly
Interior lights All lights operate correctly
Door windows (manual / electric) All windows open and close correctly
Audio and alarm systems All systems work correctly
Sunroof mechanism Mechanism opens and closes correctly
Parcel shelf Correct parcel shelf is fitted and is free of damage
Drive pedal operation All pedals operate correctly
Seat mountings, adjustment mechanism and head rests All work correctly and have no excessive damage