PLEASE READ the following statutory requirements of the TERMS AND CONDITIONS before entering the www.buythecar.co.uk website.
A) Terms and Conditions of Buythecar.co.uk website use
B) Conditions of Purchase
Where stated, the terms “We”, “Us” ,“Our”, “Our Website”, “The Website”, “Website” and “Site” contained within the Terms and Conditions, as set out below, should be understood as referring solely to www.buythecar.co.uk website and no other.
When using the www.buythecar.co.uk internet site to access, browse, research and interact you agree, without restriction or qualification, to be bound by the Terms and Conditions and any additional conditions, terms, policies and/or rules, which are displayed or to which you may be directed in connection with our Site, and which may be altered by us without advance notice and at our sole discretion. If you do not agree to accept the Terms and Conditions, you may not access, browse and/or use our Site and must leave immediately.
(1) USER CONDUCT
In respect of the availability of our Site, and your present and all subsequent use of our Site, you agree to comply with all applicable laws and these Terms and Conditions when using our Site. You acknowledge and agree to accept that we have entitlement to undertake investigation of any violations of the law and may also cooperate with any law enforcement authorities with regard to the prosecution of users.
Also, you must agree to accept the following prohibitions of use of this Site.
1. It is prohibited to post, transmit, link to, or otherwise distribute any materials, information or content containing, advocating or encouraging conduct that would be deemed a criminal offence or give rise to civil liability, or otherwise use the Site in a manner which is contrary to the law or would serve to restrict or prohibit any other user from using or enjoying the Site or the Internet.
2. It is prohibited to post, transmit, link to, or otherwise distribute any materials, information, or content (including, for greater clarification, software), which contains a Trojan horse, worms, viruses, cancel bots or any other disruptive component liable to cause damage or unlawful intrusion. buythecar.co.uk reserves the right to refuse to post material on the Site or to remove material already posted on the Site.
You will indemnify buythecar.co.uk against all losses, liabilities, costs and expenses reasonably incurred or suffered by us, all damages awarded against us under any judgment passed by a court of competent jurisdiction, and all settlements sums paid by us as a result of any settlement agreed by us arising out of or in connection with:
(i) Any claim by any third party that your use of the Site is deemed to be defamatory, offensive or abusive, or is of an obscene or pornographic nature, or is illegal, or constitutes a breach of any applicable law, regulation or code of practice.
(ii) Any claim by any third party that your use of the Site infringes a third party's copyright or other intellectual property rights of whatever nature.
(iii) Any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with your use the Site.
(2) INTELLECTUAL PROPERTY
All the material, content and information (collectively "Content") available on this Site, including the manner in which all and any Content is presented are: Copyright 2009 buythecar.co.uk, its affiliates and/or licensors. All rights are reserved. All and any aforementioned Content is protected by English and worldwide copyright laws and treaty provisions.
www.buythecar.co.uk grants you a limited non-exclusive, non-transferable licence to use and display on your computer or other electronic access device, the Content for your own personal and non-commercial use only, under the requirement that you do not modify the Content in any way and that you maintain all copyright and other proprietary notices.
(3) AVAILABILITY OF THE SITE
The intention of buythecar.co.uk is for the provision of the best possible service. buythecar.co.uk undertakes to make no promise that the Site will meet your requirements. buythecar.co.uk cannot guarantee that the Site will be free of fault. Any fault that may occur in the Site should be reported to Customer Services.
(4) ALTERATIONS TO THE SITE
www.buythecar.co.uk reserves the right, at our discretion, to modify, change, add, or remove any section or part thereof these Terms and Conditions at any time, without advance notification. You are advised to check regularly for any changes. Your continued use of our Site following the posting of any changes to these Terms and Conditions is understood that you agree to accept those changes.
(5) SITE LIABILITY
The site is provided by buythecar.co.uk without any warranties or guarantees. You agree to accept the risks associated with the use of the Internet. In particular, we disclaim all liabilities in connection with the following:
(i) Incompatibility of the Site with any of your computer equipment, other equipment or devices, software, telecommunications or connectivity links.
(ii) Technical problems including, errors or interruptions on the Site.
(iii) Unsuitability, unreliability or inaccuracy of the Site.
(iv) Inadequacy of the Site to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages, whatsoever, that arise out of or are related to the Site.
(6) THIRD PARTY WEBSITES
As a convenient service to www.buythecar.co.uk customers, the Site includes links to other web sites or material which are beyond reasonable expected control. www.buythecar.co.uk is not responsible for content on the Internet or World Wide Web or any other site outside of this Site. You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, the Site, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to same dealings, are solely as between you and any and all third parties.
buythecar.co.uk can assume no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Furthermore, the responsibility for ensuring compliance with all applicable laws in connection with all or any transactions shall be yours alone. You agree that we will not be held responsible or liable in any way for any losses or damages of any kind incurred as a result of, or in connection with all or any dealings or transactions.
One or more parts of the buythecar.co.uk Site may contain advertising and sponsorship. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy displayed in advertising and sponsorship material.
CONDITIONS OF PURCHASE for buythecar.co.uk
(i) Conditions of Purchase
There is a requirement for you to provide to us necessary information about the type and condition of the car you wish to sell (“Car”). We will then provide you with a price we would (subject to the rest of these Conditions of Purchase) be willing to offer you for your Car (“The Price”). If you agree to accept the Price offered we will arrange to collect your car. Please note that our offer (“Offer”) is subject to viewing. This means that our offer (“offer”) is dependant on one of our employees verifying the condition of the vehicle in person.
(ii) Our Quoted Prices
All buythecar.co.uk quotes are the stated price in Pounds Sterling and is inclusive of the prevailing United Kingdom-rated VAT, where applicable. You are responsible for the disclosure and payment of any such duties and all other taxes which may apply. We will arrange to collect your car at an agreed address (in mainland England, Wales or Scotland) that you will supply to us when offering your car. Alternatively, you may deliver to us at one of our nationwide collection points.
While we make all possible provision to ensure that all prices stated on our website, in our literature and quoted over the telephone are as accurate as possible, mistakes can sometimes occur. If we discover an error in the price, we will contact you as soon as possible and give you the option of either reconfirming your offer at the correct price or otherwise, cancel the transaction. If we are unable to contact you for whatever reason, we will treat the contract as being cancelled.
(iii) Methods of Payment
The method of payment is by bank transfer of monies to your nominated bank account, either at the time of collection or over the next seven working days, and which is agreed prior to collection of the vehicle. Other methods of payment we may agree to accept to make can include a cheque, which will also require to be agreed in advance of the car collection.
(iv) Your Guarantee
To fully comply with our requirements for the purchase of your car, you must guarantee:
(a) All and any information you provide to us in respect of your car is accurate and complete in its’ entirety.
(b) You are the sole owner of the car. This means that the car is wholly owned by you and no other and is not subject to any arrangement with a third party where that third party has an interest or ownership in the car. It is the seller’s sole responsibility to disclose any finance outstanding, in whole or in part, associated with the car to us prior to any offer being accepted. Buy The Car may agree to settle your outstanding finance as part payment against the vehicle. Please note that this is entirely at our own discretion
(c) To the best of your knowledge that the car has never been involved in any serious accidents and has not been classed as written-off in an insurance claim.
(d) You are aged 18 years or over.
(5) Conditions of the Contract
Acceptance by Buy The Car of your offer is conditional upon satisfying the following Conditions of the Contract:
The Conditions of Contract are as follows:
(i) You are not in breach of any of the warranties in clause 4 at both the time you offer to sell the Car to us and at the time we collect or you deliver your Car.
(ii) We are able to confirm to our satisfaction that we will obtain full ownership of the Car, without any attendant restriction on payment of the Price, in respect of and subject to clause 4(b).
(iii) The condition of the Car is the same as described to us at the time when we provided you with the Price, including being free from any damage not disclosed at the time when the price was provided and the mileage of the Car having not increased by an average of more than 40 miles per day following the original price Offer.
(iv) All statements you have made known to us during the course of the contract are complete and accurate in every respect.
(v) You have fully complied with your obligations with respect to collection or delivery of the Car, as set out in Clause 6.
Buy The Car will ask to inspect the Car before accepting your Offer. In all circumstances, we will inspect the Car when either we collect or you deliver the vehicle to one of our collection points. If any of the above conditions are not met to our satisfaction, a decision may be taken to recalculate the Price or cancel the contract between you and Buy The Car.
If we select to recalculate the Price and you do not wish to sell the car to us at the revised Price, Buy The Car will immediately cancel the contract between us. If we should discover within 7 days of collection or delivery of the vehicle that you have not complied with any of the above conditions, we shall treat the contract between us as having been repudiated by you. We shall return the Car to you at our earliest convenience and be entitled to reimbursement of all sums that we have paid to you.
(6) Delivery to or Collection by Buy The Car
If we have arranged to collect the car from you, we will make every provision to collect at the agreed date and time. If we are unable to collect your car at the arranged time or date for whatever reason, Buy The Car will not be held responsible or liable to you/or any third party for any consequential or incidental damages (including, but not limited to loss of revenue, loss of profits, loss of anticipated savings or wasted expenditure).
When we collect or you deliver the Car, you may need to provide the following documents belonging to the car:
(i) V5 Registration (log book)
(ii) Service record
(iii) All keys and other items necessary to fully operate the Car
(iv) Road tax disc
Buy The Car will take title to and risk in the Car when we take physical possession of it.
(7) No Variation or Representation
Other than within these Conditions of Purchase and Terms and Conditions of site use, any or all said by any employees or sub-contractors of Buy The Car shall not be deemed or understood as a variation of these Conditions of Purchase and Terms and Conditions of Site Use or a representation about the nature or quality of our goods or services.
(8) Right To Not Purchase
Buythecar.co.uk reserves the right to not purchase or value any car without reason.
(9) Governing Law and Jurisdiction Issues
Buythecar.co.uk entirely control, operate and administer the Site and Content from its registered offices within the United Kingdom. We make no representation or warranty that the Site is appropriate or available for use at any locations outside the United Kingdom. Should you access our Site from outside the United Kingdom, you are wholly responsible for compliance with the particular country’s laws. You may not export any of the Content, which is accessible through our Site in violation of applicable export laws and regulations.
These Terms and Conditions shall be interpreted, construed and governed in accordance with English law and the English Courts shall have jurisdiction to resolve any disputes.
(10) Contact Details
The Buy The Car website is owned and operated by Buy The Car, a company registered in England and Wales whose registered office is at 99 Wood Lane, Timperley, Cheshire, WA15 7PG.
If you have any queries please contact Customer Services at firstname.lastname@example.org or phone 0161 980 3028.