New Car "Sell Before You Buy" Eligibility Business Rules
The New Car "Sell Before You Buy" proposition is provided subject to the Main Advertising Terms & Conditions which are incorporated into the 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 the Rules.
Business Rules ("Rules")
- In these Rules, unless the context otherwise requires, the following terms have the following meanings:
- "Data Protection Legislation" means all applicable data protection and privacy legislation in force form time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) (all as amended, updated or re-enacted from time to time);
- "Franchise Retailer" means a motor/vehicle dealer (including in Northern Ireland);
- "Match" means Auto Trader identifies a match between the Sales Data and Auto Trader’s data, which shows that the customer who bought a New Car viewed it on Auto Trader’s Platform prior to the sale;
- "New Car" means an unregistered vehicle which has recorded less than 100 miles. A pre-registered vehicle is not a New Car and does not qualify for New Car "Sell Before You Buy";
- "New Car Advertising" means Auto Trader’s product that allows Advertisers to advertise New Cars on Auto Trader Platforms, subject to the Advertiser paying the relevant Charges;
- "New Car "Sell Before You Buy"" means the New Car Advertising onboarding proposition operated by Auto Trader which will allow Qualifying Dealers to advertise an unlimited number of New Cars on Auto Trader Platforms for free, until such time as the Qualifying Dealer sells one of the advertised New Cars (up to a maximum of three months from the date of our confirmation telephone call or email referred to in clause 4.2);
- "Qualifying Dealer" means an Advertiser who is a Franchise Retailer who is not currently paying for New Car Advertising and has not cancelled New Car Advertising in the previous 12 months; and
- "Sales Data" means the data to be provided by Qualifying Dealers to Auto Trader (by email) in accordance with clause 4.3, which shall include the following information relating to New Cars that have been sold by the Qualifying Dealer in the previous calendar month: (i) invoice data; (ii) the Qualifying Dealer’s site name / ID; (iii) the make and model of sold New Car; (iv) the customer’s postcode; and (v) any other data or information reasonably requested by Auto Trader from time to time.
- New Car "Sell Before You Buy" is available to Qualifying Dealers, subject to these Rules.
- For the avoidance of any doubt, Advertisers will not qualify for New Car "Sell Before You Buy" if: they are already currently paying for New Car Advertising.
In order to take advantage of New Car "Sell Before You Buy", Qualifying Dealers must:
- sign-up to a New Car Advertising contract (at Auto Trader Dealer ID level, as opposed to Group level);
- within 7 days of Auto Trader’s email or telephone confirmation that they have signed-up to a New Car Advertising contract, ensure that they have advertised at least 5 New Car Advertisements and that each of the 5 New Car Advertisements has at least 10 real photos (not stock images) on the Auto Trader Website. Qualifying Dealers will be responsible for adding the relevant photos through Portal or via a stock feed; and
- send Auto Trader their Sales Data for the previous calendar month, by close of business on the 6th of each month, during the period that the Qualifying Dealer is benefiting from New Car "Sell Before You Buy".
- Once Auto Trader receives the Sales Data in accordance with clause 4.3, Auto Trader shall carry out a search against its data to identify a Match. The Qualifying Dealer warrants that its Sales Data shall be complete, accurate and up to date at the time of its submission. Auto Trader shall be entitled to rely on the Sales Data once received from a Qualifying Dealer and shall not in any circumstances be obliged to make any exception in respect of any change to or error in the Sales Data which occurs, or is identified, after the time of submission by the Qualifying Dealer (for example, without limitation, if the sale of a New Car later falls through for whatever reason).
- Auto Trader shall notify the Qualifying Dealer, either by email or via the Performance Dashboard in Portal, when it identifies a Match ("Match Notification"). The Qualifying Dealer acknowledges and agrees that, once Auto Trader has issued a Match Notification, (without the Qualifying Dealer being required to take any further action) the Qualifying Dealer’s New Car Advertising contract will continue on a paid-for basis and Auto Trader shall automatically apply its standard Charges in respect of such continued advertising of the Qualifying Dealer’s New Cars. If the Qualifying Dealer does not wish to continue with its New Car Advertising on a paid-for basis, it must notify Auto Trader within seven days of Auto Trader issuing the Match Notification. Following expiry of the seven-day period, the 30-day cancellation terms (under the Main Advertising Terms and Conditions) shall apply.
- If Auto Trader does not identify a Match, then New Car "Sell Before You Buy" shall continue to apply to the Qualifying Dealer’s New Cars until the next month’s data is reviewed in accordance with clause 5 (subject to clause 8).
- Each Qualifying Dealer shall only be entitled to free advertising under New Car "Sell Before You Buy" for a maximum three-month period (to be measured from the date of Auto Trader’s confirmation email or telephone call referred to in clause 4.2). If Auto Trader has not identified any Matches in respect of a Qualifying Dealer by the end of the three-month period, Auto Trader shall contact the Qualifying Dealer to find out whether they wish to continue with their New Car Advertising contract on a paid-for basis (i.e. at Auto Trader’s standard Charges). Auto Trader shall be entitled to remove the New Car Advertisements from the Auto Trader Platform if the Qualifying Dealer indicates that they do not wish to pay for the New Car Advertising (or otherwise fails to respond to Auto Trader within seven days of Auto Trader’s contact).
- If a Qualifying Dealer fails to: (i) meet the minimum advertising requirements set out in clause 4.2; (ii) send Auto Trader their Sales Data within the timeframe set out in clause 4.3; or (iii) if Auto Trader reasonably believes that the Sales Data is not complete, accurate or up-to-date, the Qualifying Dealer will no longer be eligible for New Car "Sell Before You Buy" and Auto Trader shall be entitled to remove the Qualifying Dealer’s New Car Advertisements from the Auto Trader Platform without any liability to the Qualifying Dealer (unless the Qualifying Dealer chooses to pay for New Car Advertising).
- In respect of any customer personal data that is contained in the Sales Data, the Qualifying Dealer shall ensure that (at the point of sale) it obtains all necessary appropriate consents, and puts in place all necessary appropriate privacy notices, to enable lawful transfer of such personal data to, and use of such personal data by, Auto Trader for the purposes of these Rules. Each of the parties shall at all times comply with all other applicable requirements of the Data Protection Legislation in respect of such personal data.
- Qualifying Dealers cannot advertise stock in connection with New Car "Sell Before You Buy" on behalf of a third party or another dealer.
- New Car "Sell Before You Buy" can be cancelled by a Qualifying Dealer at any time prior to a Match being identified, by the Qualifying Dealer giving notice to Auto Trader. Qualifying Dealers who (i) have their New Car Advertisements removed pursuant to paragraph 9 above, (ii) stop New Car Advertising immediately after the maximum period of 3 months referred to at paragraph 8 following a lack of sales, or (iii) cancel New Car "Sell Before You Buy" at any point, will not be able to sign up to New Car "Sell Before You Buy" again for a period of 12 months from such removal, stoppage or cancellation (as applicable).
- Communications regarding New Car "Sell Before You Buy" will be via email, Portal and/or SMS and any associated costs will be detailed via order confirmation and invoice.
- Auto Trader reserves the right to allow or refuse to allow any Qualifying Dealer to participate in New Car "Sell Before You Buy" at our sole discretion.
- Auto Trader reserves the right to amend, modify or remove New Car "Sell Before You Buy" at any time with immediate effect.