Please carefully read the terms and conditions set out below. They describe your rights and explain how we operate. Please be aware that by accessing the website www.buyacar.co.uk or placing a Vehicle Order with us you are agreeing to these terms and conditions. For the meanings of the capitalised terms used throughout these terms and conditions please refer to the Appendix.
Many of the new vehicles advertised on the website, and some of the used vehicles advertised on the website are offered for sale by Buy A Car directly. These vehicles shall be subject to Buy A Car vehicle purchasing terms and conditions, which are available on request. When purchasing directly from Buy A Car a full copy of the terms and conditions relating to the purchase will be sent to you in a durable format with every order.
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. Buy A Car 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. Buy A Car Limited 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.
8.1 All material on the Website (the "Content") is the property of Buy A Car 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.
8.2 In particular, but without limiting the generality of the above, you may not do any of the following without prior written permission from Buy A Car Limited:
8.2.1 redistribute any of the content (including by using it as part of any library, archive or similar service);
8.2.2 remove the copyright or trade mark notice from any copies of content made under these terms; or
8.2.3 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, Buy A Car Limited, The Lightbox, 111 Power Rd, London, W4 5PY.
8.3 You acknowledge that "Buy A Car Ltd", buyacar.co.uk, "buy a car" and the “buyacar” logo are trade marks of Buy A Car Limited and that you may not use them without written permission from Buy A Car Limited.
8.4 You may use the Website to purchase products or services from Buy A Car 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. Buy A Car 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. Buy A Car Limited will not be responsible for any error or inaccuracy in advertising material.
8.5 Buy A Car 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. Buy A Car 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.
8.6 Other than those contained in these Terms and Conditions, and your statutory rights, Buy A Car 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. Buy A Car 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.
8.7 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 in the Vehicle Order, as these will form the precise description of the Car you are purchasing.
8.8 Buy A Car 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.
8.9 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.
9.1 In the performance of the Contract, we may collect certain personal information relating to you (such as your name, address, bank or credit card details, telephone number and e-mail address) ("Personal Information"). Buyacar Ltd is committed to protecting your privacy. We understand that personal information is especially sensitive and that you may have concerns about sharing personal information with us. We believe you should control the amount of information we receive about you.
9.2 We will not collect or process sensitive personal information relating to you (such as your political or religious beliefs, racial or ethnic origin, sexual life or health) without your explicit consent and your Personal Information will be processed by us for the purposes of (collectively "the Purposes"):
9.3 By entering into a Contract, you consent to the processing and disclosure of the Personal Information. You also agree that the Purposes for the processing may be amended to include other uses or disclosures of Personal Information following notification to you.
9.4 We agree to keep all Personal Information in a secure environment and will comply with the Data Protection Act 1998 and any other applicable data protection legislation currently in force.
9.5 If you wish to update or correct any inaccuracies in your Personal Information or if you have any other comments or complaints in relation to this Services Agreement or the Vehicle Order please let us know by e-mail to us.
9.6 In accordance with the Privacy & Electronic Communications Act 2003 we do not send random marketing emails to personal email addresses (spam).
10.1 A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer's hard disk so that the website can remember who you are. A cookie will typically contain the name of the domain from which the cookie has come, the "lifetime" of the cookie, and a value, usually a randomly generated unique number. Two types of cookies are used on the Site:
10.2 We use session cookies to allow you to carry information across pages of our Website and avoid having to re-enter information.
10.4 On occasion third parties may also serve cookies via this Site. These are used for the following purposes:
10.5 You have the ability to accept or decline cookies by modifying the settings in your browser. However, you may not be able to use all the interactive features of our Website if cookies are disabled. For information about how to disable cookies in your browser please visit the About Cookies website.
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 Buy A Car 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.
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.
14.1 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.
14.2 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.
If you have any complaint about our performance, please contact our customer services department by writing to Complaints, Buy a Car Ltd, The Light Box, 111 Power Rd, Chiswick, London, W4 5PY or by email to us.
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.
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.
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.
The terms used in these Terms and Conditions have the following meanings:
means a vehicle that you may wish to purchase from us;
means these terms and conditions together with the Vehicle Order 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;
means the collection by you of a Car or by us of your Part-Exchange Car from you;
means a reference to a clause of these Terms and Conditions;
means damage to a Car going beyond reasonable wear and tear ;
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.
means the deposit on a Car of £500 (or more if stated) to be paid by you at the same time, or before, you send us a signed Vehicle Order;
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;
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;
means the order of a Car by you from us pursuant to a Contract;
means the written confirmation of an Order which will be sent to you by us after we accept your Order;
means the amount assessed by us as being the value of your 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;
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;
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;
means delivery by the Car in a lorry or other transportation vehicle rather than Driven Delivery;
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;
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 Buy A Car Limited whose registered office is The Lightbox, 111 Power Rd, London, W4 5PY; and
"you" and "your"
means you, our Customer.