Please read these Terms and Conditions carefully as these will be binding on all customers of sellyourcarstoday.com and all users of Sellyourcarstoday website (the “Website”).
1. BACKGROUND AND INTERPRETATION
1.1 These Terms and Conditions apply to the exclusion of any other terms which may be expressed or implied.
1.2 We also buy vans and these Terms and Conditions shall equally apply to the purchase of vans. As such, if we are purchasing your van, then any references to “Vehicle” within these Terms and Conditions shall be replaced with the word “van” as appropriate.
1.3 In these Terms and Conditions, the following terms shall be interpreted as follows:
2. OTHER RELEVANT POLICIES
2.1 The following Policies also apply to your use of the Website:
3. THE VALUATION AND PRICE
3.1 To begin the valuation process, you will need to log on to our Website and provide us with information about your Vehicle (the “Online Valuation Process”).
3.2 On completion of the Online Valuation Process, a Valuation will be provided (where possible) on screen, where it is not possible to provide a Valuation on screen, a Valuation will (where possible) follow via e-mail to the e-mail address you provide during the Online Valuation Process.
3.3 All Valuations (and (if applicable) any subsequent purchase of your Vehicle) will be subject to these Terms and Conditions and shall be based on:
3.4 Any incorrect or misleading information which you provide, or any Assumptions which are incorrect, will result in an inaccurate Valuation, which will be considered as void and withdrawn by us. Where any Assumptions are incorrect, you must advise us as soon as possible and/or when requested by us to do so.
3.5 From the date on which we send or otherwise provide you with the Valuation, it shall be valid for a period of 10 (ten) days thereafter, after which time you will be required to complete the Online Valuation Process again.
3.6 From the date on which we send or otherwise provide you with an Appraised (Final) Valuation, it shall be valid for a period of 2 (two) days thereafter, after which time you will be required to complete the Online Valuation Process again.
3.7 The Valuation will be considered void if the mileage information provided by you during the Online Valuation Process has increased significantly (50 (fifty) miles or more) from the date we provided the Valuation to the date the Vehicle is delivered to us. In this instance, a revised Valuation will be provided to you based on the Vehicle’s then current and correct mileage information. Such revised Valuation shall not constitute an offer by us to purchase the Vehicle.
3.8 We accept no liability whatsoever for any Valuation provided which may include any unintentional/typographical mistakes or errors on our part or by any systems failure. If a mistake has been made, please notify us as soon as possible so that the mistake can be corrected and (where necessary) a revised Valuation provided.
3.9 All prices given in the Valuation will be in pound sterling only and inclusive of VAT.
3.10 The applicable Fee(s) will be payable by you in relation to each Vehicle we purchase from you, which, along with any costs incurred by you under clause 8.3, will be deducted from the purchase price to be paid to you in accordance with clause 6.
4. VEHICLE INSPECTION
4.1 We require, and will carry out, an on-site physical valuation and inspection of the Vehicle and the Vehicle Documentation prior to us issuing you with a Purchase Form in accordance with clause 5. We shall complete an Appraisal Form during the inspection process, which you will be required to sign in order to signify acceptance of our inspection (the “Appraisal Form”).
4.2 A revised Valuation may be necessary where, as a result of the inspection in accordance with clause 4.1:
4.3 The Vehicle may undergo an extensive examination and road test at our discretion. This examination will be undertaken by a fully qualified mechanic of our choice and at a place and date as determined by us.
4.4 As a result of either inspection detailed in clause 4.1 or extensive examination set out in clause 4.3, we reserve the right to withdraw the Valuation if, any defect(s) are discovered during the course of the inspection and/or extensive examination.
5. BASIS OF CONTRACT
5.1 No binding contract will be created between us and you until the following have been completed:
5.2 For the avoidance of doubt, the Purchase Form referred to in clause 5.1.4 shall constitute an ‘offer’ from us to purchase the Vehicle from you on these Terms and Conditions and for the price set out in the Valuation (or revised Valuation as the case may be). In signing the Purchase Form, you signify your acceptance of the Purchase Form and all terms therein, including these Terms and Conditions, and at that point you acknowledge that you shall enter into a legally binding contract with us in relation to our purchase of the Vehicle (the “Contract”).
6. THE TERMS OF PAYMENT
6.1 All payments made by us will be by BACS and we will use reasonable endeavours to process such payment within 4 (four) Working Days of the date on the Purchase Form. However, we reserve the right to make payments by other methods when we consider it reasonable to do so. For the avoidance of doubt, time for payment under the Contract shall not be of the essence and we cannot guarantee when such payments will be made available to you, as this is reliant upon your designated bank’s standard processes.
6.2 Payment will only be made to you using the payment information/bank account details you provide us with during the Online Valuation Process. Without prejudice to clause 7, we will not make any payments to a third party or to any person other than the named individual identified on the V5.
6.3 If we exercise our right to withdraw the Valuation (or revised Valuation as the case may be) or declare the Valuation (or revised Valuation as the case may be) void pursuant to clauses 3.4, 3.6, 3.7 and/or clause 4.4, payment will not fall due. If this clause 6.3 applies, any payment that has already been made by you pursuant to clause 6.2 shall be refunded to you within a reasonable time by the same method as referred to in clause 6.1.
6.4 At your appointment you must bring with you: your bank card showing your account number and sort code, your driving licence, and one other form of ID, if any of these are missing we will not be able to continue with the appointment.
7. VEHICLES ON FINANCE
7.1 You must inform us if your Vehicle is the subject of any outstanding finance together with details of the finance provider (“Outstanding Finance”).
7.2 We have complete discretion as to whether we agree to settle (on your behalf) any Outstanding Finance in place and are not under any duty to do so.
7.3 We shall only agree to settle any Outstanding Finance where the Outstanding Finance is the same as or less than the Vehicle’s Valuation. If the reverse applies (i.e. the Outstanding Finance is more than the Vehicle’s Valuation) we are unable to settle such Outstanding Finance and we will not purchase the Vehicle from you. If we discover that the Vehicle is subject to Outstanding Finance higher than the Vehicle’s Valuation either after the Valuation or after the Contract has been formed in accordance with clause 5, the Valuation and/or Contract (as appropriate) shall be deemed void and any sums in respect of the Outstanding Finance shall be a debt due from you to us and payable on demand.
7.4 If we agree to settle any Outstanding Finance, be it in full or part payment (as appropriate), we are doing so entirely on your behalf and you will remain fully liable to the finance provider at all times until the Outstanding Finance has been paid in full and the credit agreement has been legally brought to an end. We accept no liability whatsoever in relation to any matters relating to Outstanding Finance on any Vehicle.
7.5 If we agree to settle any Outstanding Finance, we shall use reasonable endeavours to settle full or part payment (as appropriate) by the due date advised to us (if any). However, we take no responsibility or liability for any payment not being made by the due date as a result of circumstances beyond our reasonable control.
8.1 You will be responsible for delivering the Vehicle at your own expense to any premises agreed between us or selected by you during the Online Valuation Process.
8.2 On delivery of the Vehicle, you shall provide us with all Vehicle Documentation.
8.3 In exceptional circumstances (and at our complete discretion) we may agree to collect the Vehicle at an additional cost to be settled by you.
9.1 We rely upon the following representations and warranties given by you in the event that we purchase your Vehicle:
9.2 We reserve our right to take any action deemed necessary (which, for the avoidance of doubt, includes court action) in the event that any of the warranties in clause 9.1 are found at any point to be untrue or inaccurate.
10. OWNERSHIP AND RISK
10.1 Subject to clause 7.3, risk of and ownership in the Vehicle will transfer from you to us upon the Contract coming into existence in accordance with clause 5.
10.2 Until risk and ownership in the Vehicle has been transferred to us in accordance with clause 10.1, you remain fully responsible for insuring the Vehicle.
11. EXCLUSION OF LIABILITY
11.1 We (including our officers, employees and agents) will not take responsibility or be liable for any indirect, special or consequential losses incurred by you (including loss of profit or other expense and compensation).
11.2 Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury caused by our negligence.
11.3 These Terms and Conditions expressly exclude our liability for property damage.
11.4 We will not be liable for any loss or damage caused by any virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.
11.5 We assume no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
11.6 Nothing in these Terms and Conditions will affect your statutory rights.
11.7 Our maximum aggregate liability to you shall not exceed the price agreed to be paid by us in respect of your Vehicle as stated in the Valuation (or revised Valuation as the case may be) or (where a Purchase Form has been signed by you) in the Purchase Form.
12. THIRD PARTY RIGHTS
12.1 A person who is not party to these Terms and Conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
13.1 These Terms and Conditions cannot be varied by oral representation or otherwise.
13.2 Any variation to these Terms and Conditions will be made by us only and we may, at our discretion make any amendments to these Terms and Conditions at no notice to you.
14. GOVERNING LAW AND JURISDICTION
14.1 These Terms and Conditions shall be governed by UK Law and you shall agree to the exclusive jurisdiction of the UK courts.