Terms and Conditions

1. About these Terms

These Terms and Conditions (the "Terms") form a legally binding agreement between you and Second Gears Trading Ltd (company number 16327142, registered office 11 Main Street, Barkby, Leicester, England, LE7 3QG) ("Second Gears", "we", "us", "our"). They govern your access to and use of our website, mobile services, and any related services (together, the "Platform").

By creating an account, placing an advertisement, subscribing, or otherwise using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must stop using the Platform.

2. What Second Gears is — and what it is not

Second Gears is a classified advertising platform for vehicles that are damaged, written-off, MOT-failed, non-runners, or otherwise imperfect. We provide a place for private sellers to advertise vehicles to an audience of trade buyers (including dealers, bodyshops, salvage operators, and rebuilders) who have subscribed to access the Platform.

Advertisements are placed by sellers through a self-service workflow and are published automatically. Some sellers choose to display their phone number or WhatsApp contact directly in the advertisement; others prefer to receive email enquiries and offers first, with further contact details shared only if the seller agrees to progress.

We are not a marketplace, auctioneer, broker, dealer, or agent. We do not:

• sell vehicles;
• take title to, inspect, hold, transport, or handle any vehicle;
• form part of any contract of sale between an advertiser and a buyer;
• hold, handle, or escrow payment between advertiser and buyer;
• operate any binding auction or acceptance mechanism;
• negotiate or arrange sales on behalf of advertisers or buyers;
• guarantee the accuracy of any advertisement, the availability of any vehicle, or any particular outcome for any user.

What we actually do is host advertisements placed by sellers and give subscribing trade buyers the ability to view those advertisements, submit enquiries and offers, and (where the seller has agreed) contact sellers directly. Everything that happens after contact — negotiation, inspection, payment, collection, and transfer of title — is entirely between the seller and the buyer.

For the purposes of the Electronic Commerce (EC Directive) Regulations 2002, we act as a host of information provided by third parties.

3. Eligibility and accounts

You must be at least 18 years old and legally able to enter into a binding contract to use the Platform.

The Platform is available to users in the United Kingdom and the Republic of Ireland. You must provide accurate, current, and complete information when registering (including name, email, phone number, and postcode) and keep it up to date. You are responsible for all activity under your account and must keep your login credentials confidential. You must not share your account with any other person or business. Trade buyer subscriptions are licensed to a single named individual or business entity only.

Tell us immediately if you suspect your account has been accessed without your permission.

4. Trade buyer subscriptions and access levels

Access to buyer features is limited to users who have purchased a subscription. To subscribe, you must provide payment and the information we reasonably require (which may include business name, VAT registration if applicable, contact details, and postcode).

"Verified" means subscribed. Where we or the Platform describe a buyer as "verified," we mean that the buyer has taken out a paid subscription and provided the information we require at the point of subscription. Verification is not an endorsement of the buyer's solvency, honesty, business practices, or ability to complete any transaction. Sellers remain responsible for their own due diligence on any buyer who contacts them.

Access levels. Most subscribers access advertisements on the same terms, which generally means making an enquiry or offer through the Platform and obtaining further contact details where the seller agrees. From time to time we may offer different access arrangements to particular trade buyers with whom we work closely — for example, direct access to seller contact details at the point of listing. Access arrangements are at our discretion and may change.

We may refuse, suspend, or revoke subscriptions and access at any time at our sole discretion, including where we reasonably suspect fraud, misrepresentation, or risk to other users.

5. Seller obligations and warranties

When you place an advertisement on the Platform, you represent, warrant, and undertake that:

(a) Title and legal status

• You are the registered keeper or legal owner of the vehicle, or you have express written authority from the owner to advertise it.
• The vehicle is not stolen, cloned, or the subject of any police investigation.
• The vehicle is not subject to any outstanding finance, HP agreement, lease, logbook loan, or other security interest, unless clearly disclosed in the advertisement.
• Where you state in the advertisement that a V5C logbook is held, that statement is true.

(b) Accurate advertisements

• All information you provide — including make, model, year, mileage, VIN, registration, condition, damage, and history — is accurate and complete to the best of your knowledge.
• You will disclose any insurance write-off marker (Cat A, B, S, or N, or historic Cat C/D), any recorded structural damage, any known mileage discrepancy, any import status, and any outstanding recalls known to you.
• You will disclose any material mechanical, structural, or electrical defects that would reasonably affect a buyer's decision.
• Photographs are of the actual vehicle being advertised, taken recently, and have not been altered to conceal damage.

(c) Conduct

• You will respond to reasonable enquiries in good faith and will remove or update the advertisement promptly if the vehicle is sold, withdrawn, or the facts change.
• You are solely responsible for the content of the advertisement and for any transaction that may result from it.
• You understand that Second Gears is not a party to any sale and will not look to Second Gears to enforce payment, collection, or any other aspect of that sale.

We do not verify your ownership, the V5C, the write-off status, or any other statement you make. You are responsible for the truth of your advertisement.

Breach of any warranty in this clause is a material breach of these Terms and may result in removal of the advertisement, account termination, reporting to relevant authorities (including the police, Action Fraud, and the DVLA), and liability for losses suffered by buyers or by us.

6. Buyer obligations and warranties

When you subscribe, make an enquiry or offer, or otherwise use buyer features, you represent, warrant, and undertake that:

• You are a genuine trade buyer acting in the course of a business.
• You understand that your subscription gives you access to advertisements and the ability to contact advertisers through the Platform's contact flow (which varies by advertisement — see clause 2), not a guarantee of any sale, vehicle availability, particular vehicles, particular prices, or any particular outcome.
• Any enquiry or offer you make is genuine and, if accepted, you intend to proceed subject only to the vehicle being as described on inspection.
• You will deal with sellers fairly and honestly, and will not misrepresent yourself or your intentions.
• You will not use contact details obtained through the Platform for marketing, spam, data brokerage, or any purpose other than pursuing the specific advertisement they relate to.
• You will comply with all applicable laws when buying, transporting, repairing, and reselling any vehicle, including DVLA notification, V5C transfer, VAT, and End-of-Life Vehicles regulations where relevant.
• You accept that Second Gears is not a party to any sale you may agree with a seller, and you will not look to Second Gears for remedy in relation to that sale.

7. Prohibited conduct

You must not, and must not attempt to:

• place an advertisement for a vehicle you do not own or have authority to sell;
• place an advertisement for a stolen vehicle, one with a falsified VIN, a cloned vehicle, or one subject to undisclosed finance;
• conceal, misrepresent, or fail to disclose an insurance write-off category, structural damage, or mileage discrepancy;
• use another person's identity, company details, or payment method;
• create multiple accounts to evade suspension, subscription limits, or any access rules;
• manipulate advertisements, enquiries, or offers to mislead other users;
• scrape, harvest, resell, or systematically extract advertisements, contact details, or other data from the Platform by any means (including automated means);
• use advertisements or contact details obtained through the Platform to build a competing database, service, or product;
• upload content that is unlawful, defamatory, obscene, or infringes any third party's rights;
• interfere with or attempt to compromise the security or integrity of the Platform;
• use the Platform to launder money, finance terrorism, or for any other criminal purpose.

We take these prohibitions seriously. We may suspend or terminate accounts, remove advertisements, withhold access, report conduct to the police, Action Fraud, the DVLA, HMRC, or other authorities, and pursue civil recovery of losses.

8. Fees, subscriptions, and refunds

Sellers do not pay any fee to place or maintain advertisements on the Platform. There are no listing fees, no sale fees, and no commissions payable by sellers.

Trade buyers pay a subscription fee to access advertisements and make enquiries and offers. Current standard pricing is £149 per year or £30 per month. Prices, billing frequencies, and features for each subscription may change from time to time and are displayed on the Platform at the point of purchase.

What the subscription buys. The subscription fee is a fee for access to advertisements and the ability to contact advertisers through the Platform. It is not a fee for any sale, nor a guarantee of:

• any particular vehicle being available at any particular time;
• any seller responding to your enquiry or offer;
• any seller accepting any offer or progressing to a sale;
• any particular number, type, or quality of advertisements being available; or
• any particular outcome.

Sellers place, amend, and remove advertisements at their discretion and are under no obligation to respond to or transact with any buyer.

Billing. Subscriptions are billed in advance on a recurring basis until cancelled. You authorise us (and our payment processor) to charge your chosen payment method on each renewal date.

Immediate access and waiver of cancellation right. Access to the subscription begins immediately upon payment. By purchasing a subscription, you expressly request that the service begins immediately and acknowledge that you will lose the statutory right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (and, for users in Ireland, the equivalent rights under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013) once performance has begun.

Cancellation. You may cancel your subscription at any time from your account settings to prevent future renewals. Cancellation takes effect at the end of the current billing period and you will retain access until then.

No refunds. Subscription fees are non-refundable, including (without limitation) for:

• unused time, partial billing periods, or downgrades;
• periods during which you chose not to use the Platform;
• sellers who did not respond, withdrew their advertisement, or sold elsewhere;
• offers that were declined or not progressed;
• vehicles that turned out, on contact or inspection, not to meet your expectations;
• disputes with any seller;
• any dissatisfaction with the number, type, or quality of advertisements available at any given time.

Refunds will be given only where required by applicable law — for example, where the Platform itself is faulty or materially not as described and we are unable to fix the issue within a reasonable time.

Tax. All fees are stated inclusive of VAT where applicable. Second Gears is not currently VAT-registered; if VAT registration becomes applicable, we will notify subscribers and update our pricing accordingly.

9. How advertisements and contact work

1. A seller submits a vehicle through our listing workflow and creates an account using their email, phone, and postcode. Advertisements are published automatically.
2. Subscribing buyers can browse advertisements. The contact flow depends on the advertisement:
   • some sellers display their phone number or WhatsApp in the advertisement itself;
   • others receive enquiries and offers by email and choose whether to share further contact details.
3. Sellers may receive enquiries and offers by email, and may receive notifications about relevant activity by email and (where available) WhatsApp.
4. If a seller and buyer agree to proceed, they arrange inspection, payment, and collection directly. We are not involved in these arrangements.
5. On completion, the seller transfers the V5C and both parties notify the DVLA.

We do not hold funds, do not handle payment between seller and buyer, and do not arrange transport. See clause 12 for recommended safety practices.

10. Featured, promoted, and recommended listings

We may feature, highlight, or promote specific advertisements on the Platform, in emails, on our social media channels, or in paid advertising campaigns. Featuring is not an endorsement of the advertisement, the seller, or the vehicle, and does not imply that the featured listing has been verified beyond our normal processes. The seller remains solely responsible for the content of the advertisement.

11. Use of advertisements and contact details

Advertisements and contact details made available on the Platform are provided solely for your own use in connection with your legitimate interest in the specific vehicle advertised. You must not:

• reproduce, republish, or redistribute any advertisement in whole or in part on any other platform, website, or database;
• add seller or buyer contact details to any marketing list, CRM, broker database, or third-party service;
• pass, sell, or disclose seller or buyer contact details to any third party;
• use the Platform, advertisements, or any data obtained from it to build, train, or supply a competing product or service.

Breach of this clause is a material breach of these Terms and may result in account termination and liability for losses.

12. Safety and recommended practices

You are responsible for your own safety and for conducting appropriate due diligence. In particular we strongly recommend that:

Before buying

• Carry out an HPI or similar history check to identify write-off markers, outstanding finance, stolen status, and mileage anomalies.
• Cross-check the VIN on the vehicle against the V5C and the registration.
• Inspect the vehicle in person (or have a trusted agent inspect it) before paying.
• Verify the seller's identity, and be alert to signs of fraud (unusual urgency, unwillingness to meet in person, requests for payment to a third-party account, prices significantly below market).

When paying and collecting

• Use a traceable payment method such as a bank transfer to a UK-resident account in the seller's name. Avoid sending cash by post, using cryptocurrency, or paying a third party.
• Do not release a vehicle (seller) or transfer funds (buyer) until the other side has been completed securely.
• Where possible, meet at a safe location with daylight and witnesses.

Record-keeping

• Keep your own records of conversations, photographs, and agreed terms. We do not retain message history between users and cannot provide evidence of what was said in a dispute.

These are recommendations, not exhaustive advice. Following them does not guarantee a safe transaction. Nothing in this clause creates any obligation on us or any liability if you choose not to follow these recommendations.

13. Disputes between users

We are not a party to any transaction between a seller and a buyer and cannot act as judge or arbitrator. However:

• You should first try to resolve any dispute directly and in good faith with the other party.
• You may report another user's conduct to us at [email protected]. We may investigate, request information, and take action under these Terms (including suspending accounts or removing advertisements) where we consider it appropriate.
• Where fraud, theft, or criminal conduct is suspected, either party may (and we may) report the matter to the police, Action Fraud, or the DVLA.
• Nothing in these Terms prevents either party from pursuing their legal rights against the other through the courts.

14. Content and intellectual property

All software, design, text, graphics, logos, and Platform content provided by us are owned by Second Gears or our licensors and protected by intellectual property law. You are granted a limited, non-exclusive, non-transferable licence to use the Platform for its intended purpose.

You retain ownership of content you upload (such as advertisement photos, videos, and descriptions) but grant us a worldwide, royalty-free, non-exclusive, sub-licensable, perpetual licence to host, display, reproduce, distribute, adapt, and promote that content on the Platform and in our marketing — including in paid and organic campaigns on platforms such as TikTok, Instagram, Facebook, YouTube, Google, and similar — for as long as is reasonably necessary to operate and promote the Platform. This licence survives the removal of the advertisement or closure of your account so that historical marketing material remains lawful.

You warrant that content you upload is yours to upload and does not infringe any third party's rights. You may ask us to stop using a specific piece of content in future marketing by emailing [email protected]; we will comply within a reasonable time but are not obliged to remove or recall historical material already published.

15. Our role as a host

Advertisements are created and submitted by third-party sellers and published automatically. We do not generate, verify, or endorse the content of advertisements, and we do not pre-screen every advertisement before it appears.

We may remove or edit any advertisement at any time, with or without notice, where we reasonably believe it breaches these Terms, is unlawful, is misleading, or risks harm to other users or to us. We will remove advertisements where we are satisfied that a vehicle is stolen or otherwise listed in breach of these Terms, and we may do so on the instruction of a competent authority or in response to a valid legal notice.

If you believe an advertisement infringes your rights, is unlawful, or breaches these Terms, please report it to [email protected] with enough detail for us to investigate.

16. Privacy and communications

Our Privacy Policy explains how we collect, use, and protect your personal information. Contact details exchanged between sellers and buyers may only be used for the purpose of discussing the specific advertisement they relate to and must not be added to any marketing list, sold, or shared with third parties (see also clause 11).

Emails and WhatsApp messages from us. When you register with us, you are using the Platform to sell your vehicle or (for trade buyers) to access vehicles for sale. On that basis we will send you emails and, where available, WhatsApp messages about:

• activity on your listing or account, and essential transactional matters such as enquiries, payments, and renewals;
• information relevant to selling your vehicle or using our service as a trade buyer, including tips, guides, platform updates, and new features.

You can opt out of non-essential messages at any time — there is a one-click unsubscribe link in every email, and you can reply "STOP" to any WhatsApp message. We will continue to send you essential transactional messages (such as enquiry notifications and billing) for as long as you have an account with us.

17. Limitation of liability

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded by law.

Subject to the above:

• We provide the Platform "as is" and make no warranty that it will be uninterrupted, error-free, or fit for any particular purpose.
• We make no warranty as to the accuracy, completeness, or legality of any advertisement, nor as to the quality, quantity, or commercial value of the advertisements available at any time.
• We are not liable for the acts, omissions, conduct, solvency, or honesty of any user of the Platform, nor for the condition, legality, safety, roadworthiness, title, finance status, or value of any vehicle advertised.
• We are not liable for any loss of profit, loss of business, loss of anticipated savings, loss of data, or any indirect or consequential loss.
• Our total aggregate liability to you in any 12-month period, for all claims arising out of or in connection with these Terms or the Platform, is limited to the greater of (i) £100 and (ii) the total fees you paid us in that 12-month period.

18. Indemnity

You agree to indemnify Second Gears against any claim, loss, damage, cost, or expense (including reasonable legal fees) arising out of or in connection with your breach of these Terms, your misrepresentation in an advertisement or in dealings with another user, your breach of any law, or your breach of any third party's rights.

19. Suspension and termination

We may suspend or terminate your account, remove any advertisement, or restrict your access to the Platform at any time, with or without notice, where we reasonably believe you have breached these Terms, where you present a risk to other users, or where we are required to do so by law.

You may close your account at any time by contacting us. Termination does not affect rights or obligations that have accrued before termination, including fees owed, the content licence granted under clause 14, and claims arising from breach.

20. Changes to the Platform and these Terms

We may update the Platform and these Terms from time to time. Where changes are material, we will give you reasonable notice by email or through the Platform. Continued use of the Platform after changes take effect constitutes acceptance of the revised Terms. If you do not accept the changes, you must stop using the Platform.

21. General

Force majeure. We are not liable for any failure or delay caused by events outside our reasonable control.

Severability. If any provision of these Terms is found unenforceable, the rest remain in force.

No waiver. A failure by us to enforce any provision is not a waiver of our right to enforce it later.

No assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign ours to any successor in business.

Entire agreement. These Terms, together with our Privacy Policy and any product-specific terms, are the entire agreement between you and us regarding the Platform.

Third parties. A person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999.

22. Governing law and jurisdiction

These Terms and any dispute arising from them are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction, save that:

• nothing prevents us from bringing proceedings to enforce our rights in any jurisdiction;
• users resident in the Republic of Ireland may bring proceedings in their local courts and retain the benefit of any non-waivable consumer protections under Irish law.

23. Contact