Dealer Standards Terms & Conditions

Terms and Conditions

Dealer Standards Business Rules

14 February 2024

Dealer Standards 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). Dealer Standards provides car buyers with a visual indicator of such recognition as Qualifying Advertisers will be permitted to display the Dealer Standards Content 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.

Dealer Standards is a Product which is provided subject to the Main Advertising Terms and 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.

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 2.3;
2. Dealer Standards means the Product provided by Auto Trader which recognises Qualifying Advertisers and allows Qualifying Advertisers to display the Dealer Standards Content on their Adverts and such other areas of the Auto Trader Platforms as shall be determined by Auto Trader at its sole discretion;
3. Dealer Standards Content means the content which shall automatically be applied to a Qualifying Advertiser’s Adverts to indicate the Qualifying Advertiser’s compliance with the Service Standard and Advertising Standard at all times;
4. Excluded Advertiser means an Advertiser who Auto Trader has determined, acting reasonably and taking into account the conduct of such Advertiser, cannot be a Qualifying Advertiser;
5. Excluded Vehicles means cars with an advertised purchase price of £2000.00 or less;
6. 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 Dealer Standards;
7. Reserved means a consumer has completed an order and paid £99 to reserve the vehicle using the ‘Deal Builder’ product, via a Qualifying Advertiser’s Advert. The term "Reservation" shall be construed accordingly;
8. 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 2.2; and
9. 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.
ELIGIBILITY
1. Dealer Standards is provided subject to these Rules 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, Dealer Standards 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 2.2 and the Advertising Standard at clause 2.3 at all times.
2. 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. with the exception of Excluded Vehicles, provide and maintain a vehicle warranty covering a minimum period of 3 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 2.4 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. 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;
    4. Without prejudice to the generality of clause 2.4 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 and sale of, and fulfilment of any order for, 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; and
  5. In respect of vehicles which are Reserved by a consumer, the Qualifying Advertiser must (promptly after receiving notification of the Reservation) take all reasonable steps to ensure that the vehicle is noted as Reserved and is not sold to any person other than the relevant consumer, or re-advertised on the Auto Trader Platforms or elsewhere, for a minimum of 3 days from the date of the notification of the Reservation (whilst that vehicle remains Reserved by the consumer) and otherwise complies with the Deal Builder Business Rules,
3. 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 ‘'Deal Builder' Product, to ensure consumers have the ability to reserve the Qualifying Advertiser’s vehicles on the Auto Trader Platforms;
  4. use best endeavours to keep their stock on the Auto Trader Platform up-to-date and 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 Dealer Standards (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,
4. Nothing 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 Dealer Standards 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.
5. 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 and/or money back guarantee, the Qualifying Advertiser shall notify Auto Trader at the point of advertising the vehicle.
6. Excluded Advertisers are not eligible to participate in Dealer Standards.
7. Qualifying Advertisers are not required to offer the 3-month warranty (as referred to in clause 2.2.3) on Excluded Vehicles. A Qualifying Advertiser can choose to offer a warranty on Excluded Vehicles at their discretion and, if so, the Qualifying Advertiser should confirm this with the consumer direct when they finalise the purchase.
DEALER STANDARDS CONTENT
1. Auto Trader shall display the Dealer Standards Content 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 Dealer Standards Content together with all goodwill arising out of or in connection with the Dealer Standards Content. 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.
REMOVAL FROM DEALER STANDARDS
1. 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, the Deal Builder Business Rules and/or any of the Main Advertising Terms and Conditions,
2. In addition to Auto Trader’s rights under clause 4.1 above, Auto Trader will review consumer cancellation feedback on a regular basis and if more than 15% of feedback for any Qualifying Advertiser is related to orders (made via the ‘Deal Builder’ product) being cancelled because the respective vehicles are no longer available, Auto Trader reserves the right to remove such Qualifying Advertiser from participating in Dealer Standards 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 Terms and Conditions.
INDEMNITY AND LIABILITY
1. 1. any consumer complaints or claims brought against Auto Trader in respect of any dealings and/or transactions with the Qualifying Advertiser in connection with Dealer Standards (except to the extent such complaint or claim is directly and solely attributable to the actions of Auto Trader); and
  2. 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 Dealer Standards will lead to sales of vehicles or any particular increase in sales or lead generation.
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 Dealer Standards.
3. The design and format of the Dealer Standards Content 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. A Qualifying Advertiser shall be removed from Dealer Standards immediately on termination or suspension of their use of the Deal Builder product.
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
Underbody
Brakes and steering
Wheels and tyres
Body exterior
Interior and controls

14 February 2024

DEFINITIONS

ELIGIBILITY

DEALER STANDARDS CONTENT

REMOVAL FROM DEALER STANDARDS

INDEMNITY AND LIABILITY

GENERAL

Appendix - Vehicle Inspection

Engine and electrics

Underbody

Brakes and steering

Wheels and tyres

Body exterior

Interior and controls