Terms & Conditions
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.
- Pre-contract information
- Price quoted
- Payment
- Seller's warranties
- Vehicles subject to finance
- Property and risk
- Collection by, or delivery to, us
- Inspection
- Consequential losses
- Exclusion of liability
- Variation
- Third party rights
- Governing law and jurisdiction
1. Pre-contract information
In order to commence the purchase process, you (the Seller) must visit the webcarbuyers.com website www.webcarbuyers.com and fully complete the online valuation process. You will need to provide us with certain information about the type and condition of the vehicle that you want to sell. Once you have completed the online valuation process you will subsequently receive an e-mail which contains your valuation.
The valuations provided on a "subject to contract" basis and are not legally binding. Wecarbuyers.com reserves the right to withdraw the valuation at any time without legal consequence and with no liability to the prospective Seller.
2. Price quoted
The price quoted in the valuation will be in pounds sterling and will be inclusive of Value Added Taxation (VAT). Our VAT registration number is 905 9444 11 All prices quoted in the valuation are given in good faith and are derived from a combination of factors including the information supplied by the Seller. The provision of inaccurate, false or misleading data by the Seller will result in an inaccurate valuation which cannot be relied upon by the Seller.
If for some reason an error in the valuation quoted has occurred, webcarbuyers.com will rectify the price as soon as reasonable practicable after notification of the mistake. No liability whatsoever can be accepted by webcarbuyers.com for accidental mistakes or errors caused by system failures.
Any significant increase in mileage by the Seller from the date the valuation is provided to the date of delivery of the vehicle to webcarbuyers.com will result in the valuation provided being incorrect. A revised valuation may therefore be required. A significant increase is defined as fifty miles or over.
3. Payment
webcarbuyers.com will pay for the vehicle via BACS made payable to the Seller only. Payment to a nominated third party can not be accepted.
Cleared funds may take up to 3-4 working days after payment has become due. No liability is accepted for any delay which was unavoidable in the circumstances.
webcarbuyers.com can also pay for the vehicle via CHAPS (this is a same day payment the seller will incur an additional charge of £40.00 made) payable to the Seller only. Payment to a nominated third party can not be accepted.
webcarbuyers.com reserves the right to pay by any other appropriate payment method when and where reasonable.
4. Seller's warranties
The Seller expressly warrants that all the information supplied during the on-line valuation process is accurate and true.
The Seller warrants that the vehicle is not subject to undisclosed finance.
The Seller warrants to the best of his knowledge and belief that the vehicle has not been an insurance write-off or involved in any other serious accident that required substantial remedial repairs.
The Seller warrants the mileage reading on the vehicle is true and accurate and that the odometer has not, to the best of his knowledge and belief, been tampered with.
The Seller warrants that he is the legal owner of the vehicle, has the right to transfer the full unencumbered legal title and full ownership of the vehicle to the Company.
The Seller warrants than no other person has any claim to the vehicle whether legal, equitable, possessory or otherwise.
5. Vehicles subject to finance
It is the responsibility of the Seller to disclose to webcarbuyers.com any existing finance associated with the vehicle.
webcarbuyers.com may agree to settle off the existing finance in lieu of payment(or part payment) of the vehicle to the Seller at its absolute discretion. webcarbuyers.com has no duty to pay such finance and will only undertake to settle such finance at its absolute discretion.
If the agreed sale price of the vehicle is lower than the settlement figure required to fully settle any related finance, the Seller must pay webcarbuyers.com the difference between the settlement figure and the agreed sum in advance of webcarbuyers.com settling off the outstanding balance on the finance. Failure by the Seller to pay such a sum (and put the Company in cleared funds) within 5 working days of an agreement will automatically render the contract between the parties terminated.
The Seller remains liable to the finance company in respect to the related finance at all times until the credit agreement has been legally terminated. webcarbuyers.com does not accept any liability with respect to the related finance at any time or for any reason.
webcarbuyers.com will use its best endeavours to pay off the settlement sum before or on the due date. However no liability is accepted if payment cannot be made by the due date due to unavoidable circumstances.
6. Property and risk
Risk and property in the vehicle will pass from the Seller to the Company at the time that the written contract is signed by the Seller.
Failure by the Seller to sign the written contract will have the effect of delaying the passing of risk and property. Risk and property in these circumstances will therefore pass on the "issue" of payment by webcarbuyers.com to the Seller and not on receipt of the same. If a cheque is to be made payable to a third party (such as a finance company) in lieu of payment to the Seller, then risk and property will pass upon the issue of the cheque (or other appropriate means of payment) to the third party.
7. 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.
8. Inspection
The vehicle will be inspected by a webcarbuyers.com representative prior to completion of the written contract. A revised valuation may be offered where (i) the vehicle does not fully comply with the information provided during the online valuation process, (ii) where the condition is such that it has a substantial impact of the value of the vehicle and/ or (iii) other relevant factors not disclosed affect the valuation.
In addition to the on-site valuation, the vehicle must be physically inspected by a qualified mechanic either before or after the Seller has signed the written contract. If the physical inspection by the qualified mechanic is carried out after the written contract has been completed and signed by the Seller, the Company may rescind the contract for any serious defect subsequently discovered in the vehicle by such inspection.
The physical inspection must however be conducted by the qualified mechanic on behalf of webcarbuyers.com within 48 hours of the written contract being signed by the Seller. Failure to have the vehicle physically inspected within this strict time period is at the risk of the Company.
9. Consequential losses
The Company, its directors, employees or other agents shall not be liable for direct or indirect consequential losses of any kind including loss of profits and other forms of expenses and compensation.
10. Exclusion of liability
The Company does not limit is liability for death or personal injury caused by our negligence but liability for property damage is expressly excluded.
11. Variation
The terms of this cannot be varied by oral representation or otherwise. Any variation must be in writing and signed by both parties.
12. Third-party Rights
Nothing in these terms and conditions of purchase shall be construed as given any person any third party rights. The Contracts (Rights of Third Parties) Act 1999 is expressly excluded.
13. Governing law and jurisdiction
The governing law is English Law and the parties agree to submit to the full jurisdiction of the English courts.
"webcarbuyers.com" is a trading name of Castlemead Brokerage (Partnership) whose registered office is Lyttleton House, 64 Broomfield Road, Chelmsford, Essex, CM1 1SW