BuyaCar terms and conditions

BuyaCar team
Sep 13, 2017

The terms and conditions below describe your rights and explain how we operate. By accessing the website www.buyacar.co.uk you are agreeing to these terms and conditions, as well as our Privacy Policy, which is published here

For the meanings of the capitalised terms used throughout these terms and conditions please refer to the Appendix.

  

1 Vehicles sold by BuyaCar
2 Third party advertisements
3 Use of the Website
4 Amendments to these Conditions
5 Contacting Us
6 Assigning the Contract
7 Complaints
8 Governing Law and Jurisdiction
9 Statutory Rights
10 Third Party Rights
11 Appendix

   

1. Vehicles sold by BuyaCar

Many of the vehicles advertised on the website are offered for sale by BuyaCar directly. These vehicles shall be subject to BuyaCar vehicle purchasing terms and conditions, which are available on request. When purchasing directly from BuyaCar, a full copy of the terms and conditions relating to the purchase will be sent to you in a durable format with every order.

    

2. Third party advertisements

Advertisements for vehicles and other products on the Website offered for sale by third parties shall be subject to the terms and conditions of that third party. BuyaCar is not an agent for and does not represent those persons, companies and other organisations whose vehicles are advertised on the Website and the advertisements do not constitute any part of an offer or contract. Dennis BuyaCar Ltd makes no warranty or representation that the items advertised for sale via the Website are offered free of encumbrance, charge or any other unexpired right in the item or that such advertising is a statement or representation of fact. You should carry out any checks or searches that may reveal faults in the title or suitability of the item for your own purposes and receive independent advice before you purchase.

    

3. Use of the Website

3.1 All material on the Website (the "Content") is the property of Dennis BuyaCar Limited. You may not reproduce part or all of the Content of the Website in any form unless it is for personal, non-commercial use. You may not copy or otherwise incorporate into or store in any other Website, electronic retrieval system, publication or other work any of the content of the Website in any form (whether hard copy, electronic or other). You may not frame or link to the Website or any part of it without our permission (although we will generally be happy with a link that promotes the Website). You may not use the Website for any illegal or unlawful purpose.

3.2 In particular, but without limiting the generality of the above, you may not do any of the following without prior written permission from Dennis BuyaCar Limited:

- 3.2.1 redistribute any of the content (including by using it as part of any library, archive or similar service);

- 3.2.2 remove the copyright or trade mark notice from any copies of content made under these terms; or

- 3.2.3 create a database in electronic or structured manual form by systematically downloading and storing all or any of the content.
Requests to republish or redistribute content should be addressed to the content manager, Dennis BuyaCar Limited, 31-32 Alfred Place, London, WC1E 7DP.

3.3 You acknowledge that "Dennis BuyaCar Ltd", BuyaCar.co.uk, "BuyaCar" and the “BuyaCar” logo are trade marks of Dennis BuyaCar Limited and that you may not use them without written permission from Dennis BuyaCar Limited.

3.4 You may use the Website to purchase products or services from Dennis BuyaCar Limited’s third party partners. In that event, your Contract for such products will be with the third party partner and will be subject to that third party's terms and conditions. Dennis BuyaCar Limited cannot be responsible for any aspect of the relationship between you and the third party partner, in particular anyone advertising used cars through the Website. Parts of the Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with all legal and regulatory requirements. Dennis BuyaCar Limited will not be responsible for any error or inaccuracy in advertising material.

3.5 Dennis BuyaCar Limited makes every effort to ensure that the content on the Website is accurate and will endeavour to make the Website available at all times but we neither assume responsibility for, nor accept any liability in relation to, any technical inaccuracies or typographical errors and omissions on the Site and do not guarantee that the Website and the content will operate without interruption. Dennis BuyaCar Limited excludes any liability for any errors and omissions on the Website or any loss caused by the use of or inability to use this site.

3.6 Other than those contained in these Terms and Conditions, and your statutory rights, Dennis BuyaCar Limited does not give any warranties in respect of the Website or content or the products or services available through the Website and makes no representations as to the fitness for a particular purpose of any products or services available on the site. Dennis BuyaCar Limited does not accept liability for any consequential or incidental damages (including but not limited to lost profits, loss of privacy) or for any other indirect, special, or punitive damages whatsoever that arise out of or are related to the use of the Website or the purchase or use of any products or services from the site.

3.7 All photos, drawings, descriptive matter, specifications and advertising appearing on the Website are issued or published for the sole purpose of giving an approximate idea of the cars described in them. The Car models pictured and described on the Website are illustrative of the model generally, and may include optional extras, and should not be taken as representing the exact Car you may choose. As indicated below, should you decide to purchase a Car, you should review the exact Specifications contained the Vehicle Order, as these will form the precise description of the Car you are purchasing.

3.8 Dennis BuyaCar Limited may wish to change these Terms and Conditions (including those relating to your use of the content) at any time and without notice to you. By using the Website following any changes to the terms, you agree to be bound by those changes.

3.9 The display of vehicles on the Website and/or any quotation given by us to you on the Website in respect of any Car shall not constitute an offer by us to sell or supply any Car and prior to the signature by you of the Vehicle Order we reserve the absolute discretion to refuse to accept any Order from you, or to refuse to sell or supply any Car to you, without the need to provide any reason therefore.

    

4. Amendments to these Conditions

These conditions apply to all the Company’s sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a representative of Dennis BuyaCar Limited. You acknowledge that you have not relied on any statement, promise or representation made or given by us or on our behalf which is not set out in the Contract. Nothing in this condition shall exclude or limit the Company's liability for fraudulent misrepresentation. For the avoidance of doubt, any finance agreement or agreement for the purchase of a used Car you may enter into will be separate agreements made between you and a third party.

   

5. Contacting Us

Any notice under the Contract (including any amendment to the Vehicle Order) may be given by first class post, fax or electronic mail to the address, fax number or electronic mail address last notified by the recipient.

    

6. Assigning the Contract

6.1 We may at any time without prior notice to you cause all or any part of our rights, benefits and/or obligations under the Contract to be transferred to any associated or successor company (including by way of a transfer of assets or shares) or to any company to which we transfer all or a significant part of our assets by delivering to you a written substitution notice.

6.2 This Contract is personal to you and you may not transfer it without our prior written approval. Such approval will not be withheld without good reason.

   

7. Complaints

If you have any complaint about our performance, please contact our customer services department by writing to Complaints, Dennis BuyaCar Limited, 31-32 Alfred Place, London, WC1E 7DP or by email to hello@buyacar.co.uk.

    

8. Governing Law and Jurisdiction

This Services Agreement is governed by English law. If a dispute arises from this Agreement which cannot be resolved, then you and we hereby submit to the non-exclusive jurisdiction of the English Court, provided that you must bring court proceedings within the United Kingdom.

    

9. Statutory Rights

As a consumer, you have certain statutory rights regarding the rejection of defective services and claims in respect of losses caused by our negligence or failure to meet our obligations. The terms of the Contract shall not affect your statutory rights.

    

10. Third Party Rights

A person who is not a party to this Services Agreement shall acquire no rights under it by virtue of the Contracts (Rights of Third Parties) Act 1999.

    

11. Appendix

The terms used in these Terms and Conditions have the following meanings:

"Car" means a vehicle that you may wish to purchase from us;

"Contract" means these terms and conditions together with the Vehicle Order and Order Confirmation to the exclusion of all other terms and conditions (including any terms or conditions which you may purport to apply under any purchase order, confirmation of order, specification or other document). When you sign the Vehicle Order you will also be agreeing to these Terms and Conditions;

"Collection" means the collection by you of a Car or by us of your Part-Exchange Car from you;

"Clause" means a reference to a clause of these Terms and Conditions;

"Damage" means damage to a Car going beyond reasonable wear and tear ;

"Delivery" means Driven Delivery of the Car (unless otherwise stated) on or around the Estimated delivery Date;

"Delivery Acceptance Note" means the note that you will be provided to you by the Delivery driver to confirm receipt and acceptance of the Car.

"Delivery Arrangement" means written notice from you (to include email) of a preferred Delivery time and date, such time and date to have been agreed with and accepted by BuyaCar.

"Deposit" means the deposit on a Car (amount stated in the Vehicle Order) to be paid by you at the same time, or before, you send us a signed Vehicle Order;

"Driven Delivery" means delivery by a driver to the address you have specified;

"Estimated Delivery Date" means the date which we expect Delivery to take place as indicated on the Vehicle Order Form;

"Force Majeure" means circumstances beyond our reasonable control including, without limitation, acts of god, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, the insolvency of any of our suppliers, strikes or other labour disputes or restraints or delays affecting manufacturers or inability or delay in obtaining supplies of adequate or suitable cars, provided that, if the event in question continues for a continuous period in excess of 180 days, you shall be entitled to give notice in writing to us to terminate the Contract;

"Order" means the order of a Car by you from us pursuant to a Contract;

"Order Confirmation" means the written confirmation of an Order which will be sent to you by us after we accept your Order;

"Part-Exchange Valuation" means the amount assessed by us as being the value of your Part-Exchange Car;

"Part-Exchange Car" means the Car (if any) offered by you to us in part exchange for the Car, written details of which you have provided to us in the Vehicle Order;

"Price" means the total price payable by you for the Car and any agreed Delivery option (including the cost of any accessories, extended warranties, road fund licence, value added tax applicable at the date of the Order) as stated in the Vehicle Order;

"Specifications" means the details of the Car you are to purchase from us as set out in the Vehicle Order;

"Terms and Conditions" means these Terms and Conditions;

"Transported Delivery" means delivery by the Car in a lorry or other transportation vehicle rather than Driven Delivery;

"Vehicle Order" means the Vehicle Order which we will send to you which will include the Price, Specifications, Estimated Delivery Date, delivery charges (if applicable) and other details specific to your purchase;

"Website" refers to www.buyacar.co.uk and to all web pages (including all components developed and produced for the Website including the up-dates, format, art direction, look and feel and other content) from time to time situated at that web address;

"we", "our" and "us" means Dennis BuyaCar Limited whose registered office is 31-32 Alfred Place, London, WC1E 7DP; and

"you" and "your" means you, our Customer.

   

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