CONDITIONS OF PURCHASE FOR WEWILLBUYYOURCAR.COM
These Conditions of Purchase apply each time we buy a Car from you, whether the purchase is completed in person, over the telephone or by fax, post or email. Please read them carefully before offering to sell your Car to us.
Nothing in these Conditions of Purchase affects the statutory rights of consumers.
1. Acceptance of Your Offer
If you wish to sell your Car to us, you must visit our website at www.wewillbuyyourcar.com.
You need to provide us with certain 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 pay you for your Car (“Price”). If you are happy with the Price, you may make us an offer (“Offer”) to sell your Car to us at the Price. We will ask you to reconfirm the details you provided in relation to the Car and will acknowledge receipt of your Offer. After considering your Offer we will let you know if we have accepted it. Our acceptance of your Offer creates a binding contract between us.
If we decline to accept your Offer we will normally, but are not bound to, give you a reason for our decision.
2. Prices Quoted by Us
Whenever we quote a Price, that Price is in Pounds Sterling and is inclusive of United Kingdom-rated VAT where applicable. You are responsible for the disclosure and payment of any duties or other taxes which apply. Our VAT number is 865 8864 57
If you choose not to accept the price, you will be offered the chance to save your details for subsequent retrieval. This is a time saving feature of our website and does not mean that you have saved the price. When retrieving your car details the price will be amended to the current price for the details you have provided, you only secure a price against market fluctuation by making us an offer to sell your car.
We will ask to collect your car at an agreed address (in mainland England, Scotland or Wales) that you provided when offering your car or you may deliver to us at Melton Court, Gibson Lane, Melton, HU14 3JA. Any additional charges for collection will be notified to you at the same time we provide the Price: these are dependent on the collection address you have supplied.
Whilst we try to ensure that all Prices provided on our website, in our literature and given over the telephone are accurate, 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 cancelling it. If we are unable to contact you we will treat the contract as being cancelled.
(a) We will pay the Price by sending the money to your nominated bank account by telegraphic transfer at time of collection.
(b) It is a condition of our contract that we will only pay the price to the person registered at D.V.L.A as being the car’s registered keeper.
4. Your Warranties
You warrant that:
(a) the information you provide to us about the Car is full and accurate in all respects;
(b) you own the Car absolutely - i.e. the Car is owned by you alone and is not subject to any arrangement with a third party where that third party has an interest in the Car (such as a secured loan, hire purchase or leasing arrangement), unless the arrangement with the third party is capable of transferring ownership of the Car to you for settlement in cash in which case (after we have collected or you have delivered the Car) we will pay to such third party the amount required to release the Car from such arrangement and you agree that the Price payable to you is reduced by an amount equal to the amount to be paid to such third party;
(c) you are aged 18 or over;
(d) that the car has not suffered any significant damage which has required or will require substantial remedial repairs, in particular that it has not been “written off” by any insurance company.
(e) that the mileage reading on the odometer installed in the car is accurate and further that the odometer is the original odometer installed in the car at the time of it’s manufacture.
(f) that the car does not suffer from any undisclosed defect which is of a nature that will require substantial remedial works or is such that a prudent purchaser would require to be informed about when deciding whether or not to buy a car.
5. Conditions of the Contract
Our acceptance of your Offer is conditional upon the matters set out below.
The Conditions are that:
(a) at both the time you offer to sell the Car to us and the time we collect or you deliver your Car, you are not in breach of any of the warranties in clause 4;
(b) any third party described in clause 4(b) accepts payment from us in exchange for it releasing any interest it has in the Car;
(c) subject to clause 4(b) we are able to confirm to our satisfaction that we will obtain full and unfettered ownership of the Car on payment of the Price;
(d) the Car is in the same condition (subject to fair wear and tear) as described to us when we provided you with the Price, including being free from any damage not disclosed at that time and the mileage of the Car not having increased by an average of more than 50 miles per day following your Offer;
(e) all statements you have made to us preceding and during the course of the contract are full and accurate in all respects;
(f) you have complied with your obligations on collection or delivery of the Car set out in clause 6; and
(g) we collect the car or you deliver the car to us on the date agreed when we accept your offer of the sale of the Car and in any event,within 21 days of us accepting your offer to sell us your car.
We may ask to inspect the Car before accepting your Offer. In any event, we will inspect the Car when you deliver or we collect it. If any of the above conditions are not met, we may at our option recalculate the Price or cancel the contract between you and us. If we choose to recalculate the Price and you do not wish to sell the Car to us at the revised Price we will treat the contract as having been cancelled.
If we discover within 14 days of collection or delivery of the Car that you have not complied with any of the above conditions we shall treat the contract as having been repudiated by you. We shall return the Car to you and demand repayment of all sums we have paid to you.
6. Collection By, or Delivery To, Us
If you have agreed to deliver the Car to us, you shall deliver it on the date agreed between you and us. If you have asked us to collect the Car we will give you an estimate of the time we will collect it. We will endeavour to collect the Car within four hours of the time we give you for collection but are not able to warrant that we will not be late.
When we collect or you deliver the Car you will provide to us:
(a) all keys and other items necessary to fully operate the Car;
(b) the Car’s service record;
(c) the Car’s V5 (also known as the log book);
(d) the Car’s road tax disc; and
We will take title to and risk in the Car when we take physical possession of it.
7. Use of your Information
8. Complaints and Liability
If you have any queries or complaints please email Customer Services at email@example.com or write to wewillbuyyourcar.com, Melton Court, Gibson Lane, Melton, East Yorkshire, HU14 3JA, United Kingdom.
We, our directors, employees and other agents shall not be liable for damages of any kind including without limitation, direct, indirect, special or consequential damages, loss of income or profits, loss of or corruption of data, loss of or damage to property or claims of third parties, arising out of or in connection with our purchase of the Car or our late or non-collection of the Car. In any event subject to the paragraph below our total liability to you will never exceed the Price.
We do not limit or exclude our liability for death or personal injury caused by our negligence or any rights you may have as a consumer to the extent that such liability and rights may not be limited or excluded under applicable law.
If any of these Conditions of Purchase are unenforceable it shall not affect the enforceability of the rest of these Conditions of Purchase.
10. No Variation or Representation
Other than as provided in these Conditions of Purchase, nothing said by our employees or sub-contractors shall amount to a variation of these Conditions of Purchase or a representation about the nature or quality of our products.
11. Third Party Rights
Nothing in these Conditions of Purchase shall give any person who is not a party to the contract any benefit or any right to enforce any of the terms of the contract.
12. Governing Law and Jurisdiction
These Conditions of Purchase and the contract shall be deemed to have been formed under and shall be governed and interpreted in accordance with English law. The English Courts shall have jurisdiction to hear disputes between us.