Terms and Conditions

Terms and Conditions

THE AGREEMENT: The use of this website and services on this website provided by SellingMyCarOnline (hereinafter referred to as “Website”) are subject to the following Terms & Conditions, all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as “Website”) and any services provided by or on this website (“Services”).

DEFINITIONS

“Agreement” denotes to this Terms and Conditions and the Privacy Policy and other documents provided to you by the website

“We,” “us,” and “our” are references to SELLINGMYCARONLINE.CO.UK.

“User,” “You,” and “your” denotes the person who is accessing the website for taking or availing of any service from us. User shall include the company, partnership, sole trader, person, body corporate, or association taking services of this website.

” Website” shall mean and include sellingmycaronline.co.uk and any successor Website of the Company or any of its affiliates.

Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.

ASSENT & ACCEPTANCE

PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, AND ALL APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE “TERMS”) CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS, AND REMEDIES IN CONNECTION WITH YOUR USE OF THE SERVICES AND CONTENT. FOR EXAMPLE, THE TERMS INCLUDE:

YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
LIMITATIONS OF OUR LIABILITY TO YOU; AND
A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
YOUR ACCESS TO AND USE OF THE SERVICES IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH ALL APPLICABLE TERMS. If you do not agree to these Terms or our Privacy Policy, then please cease using the Services immediately. We reserve the right to change these Terms at any time (see “Changes to these Terms” below.) By accessing, browsing, and/or using the Services after updates to these Terms have been posted, you agree to be bound by the updated Terms. THESE TERMS AND OUR PRIVACY POLICY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND SELLINGMYCARONLINE.

Consequences of Non-Compliance

Your failure to comply with the Terms may result in the suspension or termination of your account and/or access to the Services and may subject you to civil and criminal penalties.

DATA PRIVACY

Maintaining the security of your data and ensuring that you are in control of how your data is handled is a priority at SellingMyCarOnline. We are dedicated to ensuring that we are transparent about the data that we collect about you, how we use it and the conditions whereby we may disclose your data to others. We will ensure that your data is kept secure and that you are aware of the steps we have taken to ensure the security of your private information.

For more information, please see our Privacy Policy and Cookie Policy.

AGE RESTRICTION

You must be at least 13 (Thirteen) years of age to use this Website or any Services contained herein. By using this website, you represent and warrant that you are at least 13 years of age and may legally agree to this Agreement. We assume no responsibility or liability for any misrepresentation of your age.

ACCURACY OF INFORMATION

Occasionally there may be information on the website that contains typographical errors, inaccuracies, or omissions that may relate to user descriptions, pricing, availability, promotions, and offers. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and conditions at any time and for any reason. We undertake no obligation to update, amend or clarify information on the website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the website should be taken to indicate that all information on the Website or Services has been modified or updated. Please ensure that you check the applicable Terms every time you use our site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms and conditions by your continued use of the site after the date such revised Terms and conditions are posted.

INFORMATION ON THIS SITE

Our website’s content is strictly informative. It is not intended to be advice. Seek expert advice before acting or refraining from acting based on our site’s content.

While we try to keep our site updated, we make no representations, warranties, or guarantees as to the accuracy, completeness, or currency of the content.
Our site’s descriptions and illustrations are meant to give a general idea of the vehicles described. They will not be part of any contract and will not be binding. Despite our best efforts, we cannot guarantee that the colours displayed on a device accurately reflect the vehicles’ colours.
These estimates are based on the information you provide. An appraisal of the part-exchange vehicle will be agreed upon.
Finance quotes obtained through this site are indicative and based on the vehicle and information you provide. Your finance application will be processed by the finance company, not us, and may result in a different finance quote.
We reserve the right to make minor technical adjustments and improvements to any vehicle described on this site or if the change has no material effect on the vehicle’s nature or quality.

OUR SITE IS ONLY FOR USERS IN THE UK

Our site is for UK residents only. We do not represent that content on our site is appropriate or available elsewhere. It is possible to reserve a vehicle or test drive from outside the UK, but we do not deliver vehicles outside the UK, and all test drives must be conducted at the UK address we specify. Finance quotes are not applicable to non-UK residents.

RESERVING A VEHICLE OR BOOKING A TEST DRIVE

Please follow the onscreen prompts to reserve your vehicle or book a test drive.

You must cooperate with us in all booking-related matters and provide us with all information reasonably necessary to complete the booking.
You will receive an email confirming receipt of your booking, but this does not guarantee acceptance. You will receive confirmation of our acceptance via email.
Please keep in mind that we may not be able to reserve or offer a test drive on the requested date. Because the vehicle has been sold, we have exhausted our available resources, the credit reference we obtained for you does not meet our minimum requirements, we discovered an error in the vehicle’s price or description, or we are unable to meet an agreed-upon deadline.
While we will make reasonable efforts to adhere to any dates specified in the confirmation, such dates cannot be guaranteed. We will notify you in advance if we are unable to secure a vehicle for a test drive on the specified date, and we will agree on an alternate date that is mutually convenient.
If we are not satisfied that you possess a valid UK driver’s license and are legally qualified to drive the vehicle on the test drive date, we reserve the right to cancel the Order and require you to reschedule.
Please contact us as soon as possible if you need to change a test drive date. We cannot guarantee that the vehicle will be available when you request it.

USER CONTENT

Content Responsibility.

The website permits you to share content, post comments, feedback, etc., but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.

When posting content to the website, please do not post content that:

contains ill-mannered, profane, abusive, racist, or hateful language or expressions, text, photographs, or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature.
It is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains exaggeration or unsubstantiated claims.
Violating the privacy rights of any third party is unreasonably harmful or offensive to any individual or community.
Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, or disability, or refers to such matters in any manner prohibited by law.
Violates or inappropriately encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance.
Uses or attempts to use another’s account, password, service, or system except as expressly permitted by the Terms of use uploads or transmits viruses or other harmful, disruptive, or destructive files.
Sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.
Any submitted content that includes, but is not limited to the following, will be refused. If repeated violations occur, we reserve the right to cancel user access to the website without advanced notice.
IFRAMES

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

ACCEPTABLE USE

You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of sellingmycaronline.co.uk.

You further agree not to use the Website or Services:
To harass, abuse, or threaten others or otherwise violate any person’s legal rights.
To violate any of our intellectual property rights or any third party.
To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
To perpetrate any fraud.
To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme.
To publish or distribute any obscene or defamatory material.
To publish or distribute any material that incites violence, hate, or discrimination towards any group.
To unlawfully gather information about others.

EVENTS OUTSIDE OUR CONTROL

Failure or delay in performance of any of our obligations under the Contract caused by any act or event beyond our reasonable control (Event Outside Our Control).

Affected by an Event Outside Our Control, we will notify you as soon as possible and take steps to minimise the impact of the delay. After the Event Outside Our Control, we will reschedule the test drive. If the Event Outside Our Control continues for more than 30 days, you may contact us to cancel the Order and receive a refund of any reservation or booking fee you have paid.

HYPERLINKING TO OUR CONTENT

Without prior written approval, the following organisations may link to our site:
Government agencies.
Search engines.
News organisations.
Online directory distributors, when they list us in the directory, may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
Systemwide Accredited Businesses except soliciting non-profit organisations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
We allow these links if the link: (a) is not misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party or its products or services; and (c) is appropriate to the linking party’s site.
We may consider and approve in our sole discretion other link requests from the following types of organisations:
commonly-known consumer and business information sources such as Chambers of Commerce and Consumers Union.
dot.com community sites.
Associations or other groups representing charities, including charity giving sites
online directory distributors.
Internet portals.
Accounting, law, and consulting firms whose primary clients are businesses; and
educational institutions and trade associations.
We will approve link requests from these organisations if we determine that the link will not reflect unfavourably on us or our accredited businesses (for example, trade associations or other organisations representing inherently suspect types of business, such as work-at-home opportunities, are not permitted to link); (b) the organisation does not have an unsatisfactory record with us, and (c) the benefit to us from the increased visibility associated with the hyperlink outweighs the cost of the link.

We allow these links if the link: (a) is not misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party or its products or services; and (c) is appropriate to the linking party’s website.
If you are one of the organisations listed in paragraph 2 and would like to link to our website, please contact us at [email protected]. List any URLs from which you intend to link to our Web site, along with the URL(s) on our site to which you would like to link. Response time is 2-3 weeks. Those approved may link to our site as follows:

By using our company name, the URL (web address) being linked to, or any other description of our website or material that makes sense within the context and format of the linking party’s site.
No use of the SellingMyCarOnline logo or other artwork will be allowed for linking absent a trademark license agreement.

INTELLECTUAL PROPERTY

You agree that the Website and all Services provided by us are the property of SellingMyCarOnline, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Our IP”). You agree that we own all rights, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.

INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless SellingMyCarOnline and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former, or future officers, directors, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third-party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third-party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by SellingMyCarOnline. SellingMyCarOnline reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SellingMyCarOnline in asserting any available defences. An Indemnified Party may participate in the defence by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.

EXCLUSION OF LIABILITY

You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties, and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the sellingmycaronline.co.uk Website, including loss of data or information or any kind of financial or physical loss or damage.
In no event shall SellingMyCarOnline, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content attained from the service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.

MODIFICATION & VARIATION

We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

NO WARRANTIES

You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by us are on an “As Is” basis. We hereby expressly disclaim any express or implied warranties of any kind, including but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the website or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or because of the loss of your data from your use of the Website or Services is your sole responsibility and that we are not liable for any such damage or loss.

LIMITATION ON LIABILITY

We are not liable for any damages that may occur to you because of your use of the Website or Services to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

GOVERNING LAW AND JURISDICTION

This website originates from the United Kingdom. The laws of the United Kingdom. Without regard to its conflict of law, principles will govern these terms to the contrary. You hereby agree that all disputes arising out of or in connection with these terms shall be submitted to the exclusive jurisdiction of the United Kingdom. By using this website, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of these terms. You hereby waive any right to trial by jury arising out of these terms.

THIRD-PARTY RIGHTS

The Contract is between you and us. No other person has any right to enforce any of its terms.

COMPLAINTS

If a problem arises or you are dissatisfied with the Services, we have a comprehensive complaints policy (available from Trade Price Cars Ltd).

ALTERNATIVE DISPUTE RESOLUTION

Alternative dispute resolution (ADR) is a process in which an independent body examines the facts of a dispute and attempts to resolve it without the need for a court appearance. If you are a consumer who is dissatisfied with our handling of a complaint, you may contact the alternative dispute resolution provider we use. You have the right to lodge a complaint with Trading Standards. You can find your local branch via their website. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

SEVERABILITY

If any provision of these Terms and conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

CONTACTING US

If you would like to contact us to understand more about terms or wish to contact us concerning any matter, you may do so via the contact us or email us at [email protected] or call us at 07411 916735 – 07877 287795.
SellingMyCarOnline
41a London Road
Marks Tey
Colchester
CO6 1DZ

This document was last updated on February 11, 2022