the performance by each Party of its obligations under this User Agreement, and the promotion of the Services that form the subject of this User agreement.

means a closed bid weekly online auction.

means an offer of a price for a Vehicle under Auction.

means a person placing a Bid for Vehicle’s and other Salvaged Goods which have been placed for Auction on the Website.

a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

the period from 8.00am to 4.00pm on any Business Day.

means the buyer of the Salvaged Goods.

the time when the Supplier receives full payment in cleared funds for the Salvaged Goods.

all information disclosed (whether orally, in writing or in any other form) by one party (‘Disclosing Party’) to the other party (‘Recipient’) in connection with this User Agreement, which is identified as being confidential (or which reasonably ought to be considered confidential by the Recipient), and all copies, notes and records and all related information based on or arising out of any such disclosure which is not:

1. in the public domain (otherwise than as a result of a breach of this User Agreement) in substantially the same combination as that in which it was disclosed to the Recipient other than as a result of a breach of this User Agreement or any other obligations of confidentiality;
2. is or was lawfully received from a third party not under an obligation of confidentiality with respect thereto;
3. is required to be disclosed under operation of law, by court order or by any regulatory body of competent jurisdiction (but then only to the extent and for the purpose required);
4. is approved for disclosure in writing; or
5. was developed independently of and without reference to confidential information disclosed by the other Party.

a Party that discloses Shared Personal Data to the other Party.

1. To the extent the EU GDPR applies, the law of the European Union or any member state of the European Union to which the party is subject, which relates to the protection of personal data (the General Data Protection Regulation ((EU) 2016/679)) (“EU GDPR”)) as amended, replaced or superseded from time to time;
2. the Data Protection Act 2018;
3. To the extent the UK GDPR applies, the law of the United Kingdom or of a part of the United Kingdom which relates to the protection of personal data (the UK GDPR (as defined in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018)) as amended, replaced or superseded from time to time; and
4. any other applicable laws and regulations enacted from time to time relating to data protection.

means the terms and conditions which apply to the transport of all Salvaged Goods which cannot be driven or removed independently by the Buyer from the Site. These Salvaged Goods will be transported within the confines of the Site by industrial vehicle (such as a forklift truck). These terms and conditions can be found on the Website.

1. an act of God, lightning, fire, earthquake, storm, flood, other natural disaster, power outage, telecommunications system and public utility failures, disease, viral outbreak, epidemic, explosion, strike, lockout or other interference with work, war, blockade, disturbance, act of terrorism, government or quasi-government restraint, expropriation, prohibition, intervention, direction, sanction or embargo, travel bans or restrictions, inability or delay in obtaining governmental or quasi-governmental approvals, consents, permits, licences, authorities or allocations; or
2. any other cause whether of a kind specified above or otherwise which is not reasonably within the control of a Party, which makes it impossible or illegal to perform, or prevents compliance with, a Party’s obligations under this User Agreement.

means Hudson Kapel 101 Limited trading as HKR and references within this User Agreement to Us will be references to Hudson Kapel 101 Limited.

means all Salvaged Goods purchased as part of the Online Auction Services and including motor vehicles (which shall include without limitation: cars, motorcycles, caravans, commercial vehicles, plant and machinery) and all other goods that are offered for sale as part of HKR’s Services. All ‘Lots’ are Salvaged Goods for the purposes of this User Agreement.

means the online Auction venue provided by HKR which allows Users to offer, sell and buy Salvaged Goods.

the Parties to this User Agreement, the employees of each Party, any third parties engaged to perform obligations in connection with this User Agreement.

means any of a Seller, a Bidder, a Buyer or HKR, each a ‘Party’ and collectively ‘the Parties’

means by 13:00pm on the Wednesday following the commencement of an Auction.

refers to the items submitted for Auction by a Seller (whether one item or a set or group of items) to be sold as Lots which includes but is not limited to: stolen, accident-damaged and/or insurance write-off vehicles including parts taken from stolen, accident-damaged and/or insurance write-off Vehicles and any goods designated as Salvaged Goods by HKR.

the person or entity selling an item via the Online Auction Service (whether that is prospectively offering for sale or following an actual sale). This could be HKR or a third-party Seller.

digital remarketing of Salvaged Goods as sold at the online Auction venue provided by HKR.

the personal data to be shared between the Parties under Clause 4 of this User Agreement. Shared Personal Data shall be confined to the following categories of information relevant to the following categories of data subject:

1. Website User IDs, names, address, email address, telephone number, home address;
2. Business email addresses and business telephone/mobile numbers of Users;
3. Images and/or videos of Salvaged Goods belonging to Users;
4. VAT returns; and
5. Vehicle breakers licences.

means HKR’s premises which are used for the storage of Salvaged Goods to be sold at Auction:

1. Thurleigh Airfield Business Park, Thurleigh, MK44 2YP;
2. Church Lane, Norton, Worcester, WR5 2PR;
3. 2 Gray's Road, Uddingston, Glasgow Metropolitan Area, G71 6ET; and
4. Milltown Business Park, Milltown, Monaghan, IRE

means the highest Bid which matches or exceeds a Reserve (as set out in clause 8.3).

has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.

means a Bid rejected by the Seller or by HKR.

means each registered User of the Website in that User’s capacity being either a Site User, Bidder, Buyer or Seller and references to You and Yours within this User Agreement will refer to the User.

these terms and conditions which are binding upon HKR and all Users (including, Site Users, Bidders, Buyers and Sellers) as amended from time to time in accordance with Clause 18.

means any Salvaged Goods Vehicle offered for sale on the Website subject to the terms of this User Agreement.

means the HKR Website www.hkr.co.uk.