Terms and Conditions
Money4YourMotors.com Limited is incorporated and registered in England and Wales with Company Number 09413775 and has a registered office address at Central House, Leeds Road, Rothwell, Leeds LS26 0JE.
In these Terms and Conditions, Money4YourMotors.com Limited is referred to as the Company, we, us or our and any reference to you or your means the person or business that is selling us a Vehicle.
These Terms and Conditions shall apply exclusively to your use of our online vehicle valuation service and any agreement by us to buy a Vehicle from you. You agree that no other terms and conditions (express or implied) shall be applicable to our purchase of a Vehicle from you.
1. BACKGROUND AND INTERPRETATION
1.1. In these Terms and Conditions, the following capitalised terms shall have the meanings as follows:
Assumptions: |
means: • your Vehicle was first registered in the United Kingdom and was manufactured by the manufacturer for the United Kingdom market; |
Contract: | has the meaning set out in clause 5.3; |
Final Valuation: | has the meaning set out in clause 5.3; |
Initial Valuation: | means our initial valuation of your Vehicle that we provide to you in accordance with clause 3.2 and which is based on the Assumptions and information you have provided as part of the Online Valuation Process; |
Online Valuation Process: | has the meaning set out in clause 3; |
Terms and Conditions: | the terms and conditions set out in this document; |
Third-Party Company and Third-Party Valuation: | shall have the meanings given in clause 3.3. |
Valuation: | means an Initial Valuation, Virtual Inspection Valuation or Final Valuation but excludes any Third-Party Valuation; |
VAT: | means Value Added Tax; |
Vehicle(s): | means the vehicle that you have asked us to value using our valuation service; |
Vehicle Documentation: | means all sets of working keys, any service history documentation, MOT Certificate (if applicable), the V5/logbook showing you as the registered keeper, road tax disc (where appropriate), manuals, and any other documentation you have in relation to the Vehicle; |
Virtual Inspection: | has the meaning given to it in clause 4.1; |
Virtual Inspection Valuation: | has the meaning given to it in clause 4.4; |
Website: | means www.money4yourmotors.com. |
2. OTHER RELEVANT POLICIES
2.1. The following policies also apply to your use of the Website and/or our valuation service:
2.1.1. Our Privacy Policy available at https://www.money4yourmotors.com/privacy sets out the terms on which we process any personal data we collect about you, or that you provide to us and information about the cookies on the Website; and
2.1.2. Our Website Acceptable Use Policy (available on our website) which sets out the permitted and prohibited uses of the Website. When using the Website, you must comply with the Website Acceptable Use Policy.
3. THE VALUATION AND PRICE
3.1. To begin the valuation process, you will need to provide us with information about your Vehicle and your contact details on our Website or another party’s website that connects to our valuation service (the ‘Online Valuation Process’).
3.2. On completion of the Online Valuation Process we will assess whether we are able to purchase your Vehicle. If we can purchase your Vehicle, you will be presented with an Initial Valuation. Following the Initial Valuation, we shall contact you to complete a virtual inspection of your Vehicle. A copy of the Initial Valuation will also follow via e-mail to the e-mail address you provide during the Online Valuation Process.
3.3. If we are not able to purchase your Vehicle, we may pass your contact information and your Vehicle details to a third-party company (‘Third-Party Company’) and that company may provide a valuation (‘Third-Party Valuation’). We may present the Third-Party Valuation on our website noting the name of the Third-Party Company. Any dealings that you have with any Third-Party Company shall be subject to the terms that you agree with that Third-Party Company. You acknowledge that we are not a party to any dealings that you may have with any Third-Party Company and that we shall not have any liability in relation to any contract with a Third-Party Company.
3.4. The Initial Valuation shall be based on:
3.4.1. the Vehicle mileage and registration information you provide at the time you complete the Online Valuation Process;
3.4.2. data provided by third parties concerning you and your Vehicle;
3.4.3. the representations and warranties that you make to us in clause 8.1 of these Terms and Conditions;
3.4.4. the Assumptions.
For the avoidance of doubt, no account is taken of the Vehicle's condition or other matters not apparent from the mileage, registration number or Assumptions until the Virtual Inspection is carried out in accordance with clause 4.1.
3.5. Any incorrect or misleading information which you provide, or any Assumptions which are incorrect, will result in an inaccurate valuation, which will be considered as void and withdrawn by us. Where any Assumptions are incorrect, you must advise us as soon as possible and/or when requested by us to do so.
3.6. The Initial Valuation is provided strictly on a 'subject to contract' basis and we have the absolute right to withdraw the Initial Valuation at any time without any legal consequence or liability to you. The Initial Valuation does not constitute an offer from us to purchase your Vehicle.
3.7. The Initial Valuation will be considered void if the Vehicle mileage has increased significantly (250 miles or more) from the date we provided the Initial Valuation to the date we collect the Vehicle. In this instance, a revised Valuation will be provided to you based on the Vehicle's then current and correct mileage information. Such revised Valuation shall not constitute an offer by us to purchase the Vehicle.
3.8. If we make any unintentional or typographical mistakes or errors on our part or by any systems failure, we have the right to revise the Valuation or withdraw from the Contract without any liability to you.
3.9. All prices given in the Valuation will be in pound sterling only and inclusive of VAT.
4. VIRTUAL VEHICLE INSPECTION
4.1. Following the Online Valuation Process we will contact you to complete a virtual inspection of your Vehicle (‘Virtual Inspection’).
4.2. Following the Virtual Inspection a revised Valuation may be necessary if:
4.2.1. the Vehicle is not found to be in line with the information you provided during the Online Valuation Process;
4.2.2. some or all of the Assumptions about your Vehicle are not correct;
4.2.3. the Vehicle's actual condition has an impact on its valuation;
4.2.4. clause 3.7 applies;
4.2.5. the Vehicle is found to have mechanical defects; or
4.2.6. we become aware of other factors which you did not disclose during the Online Valuation Process but which have an impact on the Vehicle's Valuation.
4.3. The Vehicle may undergo an extensive examination and/or road test at our discretion.
4.4. Upon the completion of the Virtual Inspection, we shall either confirm that the Initial Valuation is still applicable to your Vehicle or provide you with a revised valuation (‘Virtual Inspection Valuation’)
4.5. Like the Initial Valuation, the Virtual Inspection Valuation is provided strictly on a 'subject to contract' basis and we have the absolute right to withdraw the Virtual Inspection Valuation at any time without any legal consequence or liability to you. The Virtual Inspection Valuation does not constitute an offer from us to purchase your Vehicle.
5. PHYSICAL VEHICLE INSPECTION AND VEHICLE COLLECTION
5.1. If you agree the Vehicle Inspection Valuation, we shall agree a date and a time for a physical vehicle inspection (‘Physical Vehicle Inspection’) and collection.
5.2. At the Physical Vehicle Inspection our vehicle inspector shall undertake a test drive and shall inspect the Vehicle. The Virtual Inspection Valuation may be adjusted again for any reasons at our discretion including the reasons stated in clause 4.2.
5.3. Upon the completion of the Physical Vehicle Inspection the final valuation of your Vehicle will be confirmed to you (‘Final Valuation’). Your acceptance of the Final Valuation creates a binding contract between us and you for the purchase of your Vehicle subject to these Terms and Conditions (‘Contract’).
6. TERMS OF PAYMENT
6.1. All payments made by us will be by bank transfer.
6.2. Bank transfers are subject to banking systems outside of our control. In every case, we do our upmost to process payment as fast as possible, however due to the use of third-party systems, this does not always mean immediately.
6.3. Payment will only be made to you using the payment information/bank account details you provide to us following your acceptance of the Final Valuation. Without prejudice to clause 7.6 we will only make any payments to a third party at our discretion where we are satisfied that we have been provided with sufficient confirmation/proof that you are the legal owner of the Vehicle.
6.4. At your Physical Vehicle Inspection appointment you must have your bank card showing your account number and sort code, your driving licence, and one other form of ID, if any of these are missing we will not be able to continue with the appointment
7. VEHICLES ON FINANCE AND/OR SUBJECT TO A 'LOG BOOK LOAN'
7.1. You must inform us if your Vehicle is the subject of any outstanding finance and/or 'logbook' loan together with details of the finance provider and/or lender (as appropriate) and the amount outstanding ('Outstanding Finance').
7.2. We have complete discretion as to whether we agree to settle any Outstanding Finance (on your behalf) in place and are not under any duty to do so.
7.3. If the Outstanding Finance is more than the Vehicle’s Final Valuation and we agree to purchase the Vehicle, you agree to pay to us the difference between the Vehicle’s Final Valuation and the Outstanding Finance.
7.4. We are not able to give any financial or debt advice. If you would like finance or debt advice, please seek this before proceeding with any sale of a Vehicle to us.
7.5. If we agree to settle any Outstanding Finance, be it in full or part payment (as appropriate), we are doing so entirely on your behalf and you will remain fully liable to the lender and/or finance provider (as appropriate) at all times until the Outstanding Finance has been paid in full and the credit agreement has been legally brought to an end. We accept no liability whatsoever in relation to any matters relating to Outstanding Finance on any Vehicle.
7.6. If we agree to settle any Outstanding Finance, we shall use reasonable endeavours to settle full or part payment (as appropriate) by the due date advised to us (if any). However, we take no responsibility or liability for any payment not being made by the due date.
8. REPRESENTATIONS AND WARRANTIES
8.1. You represent and warrant to us that:
8.1.1. you are the legal owner and registered keeper of the Vehicle, and have been for a minimum of 3 (three) months prior to the date of the Contract, and you have the right to sell the Vehicle to us;
8.1.2. subject to clause 7, no other person has a right or claim over the Vehicle in any way;
8.1.3. all the information you have provided to us, be it via the Online Valuation Process, verbally or otherwise, is accurate, up-to-date and true;
8.1.4. you have disclosed all information to us with regard to Outstanding Finance and that the Vehicle is not subject to any undisclosed finance;
8.1.5. the mileage reading on the Vehicle is accurate; and
8.1.6. unless we have agreed otherwise, all the Assumptions are true;
8.1.7. you have fully disclosed the following information:
8.1.7.1. all physical defects with the Vehicle which we would want to be informed about (including cut and shuts, mechanically unsound or inoperable, unroadworthy and/or chassis damage and the like);
8.1.7.2. any issues (potential or actual) relating to the title to the Vehicle; and
8.1.7.3. any other information about the Vehicle that is reasonably likely to alter our decision to purchase the Vehicle.
8.1.8. you will deliver to us with the Vehicle the Vehicle Documentation.
9. OWNERSHIP AND RISK
9.1. Subject to clause 9.2, ownership in the Vehicle will transfer from you to us upon a binding Contract being created.
9.2. You shall keep the Vehicle safe and secure until we collect it. Until we collect the Vehicle you shall be liable to us for any loss or damage to the Vehicle and you shall keep it insured with a fully comprehensive insurance policy.
10. EXCLUSION OF LIABILITY
10.1. Subject to clause 10.2:
10.1.1. we shall not be liable for any:
10.1.1.1. indirect, special or consequential losses;
10.1.1.2. loss of profit or savings;
10.1.1.3. damage to property;
10.1.1.4. loss or damage caused by any virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked
10.1.1.5. for any loss connected to the content of websites linked on the Website (Such links should not be interpreted as endorsement by us of those linked websites)
10.1.2. our maximum aggregate liability to you shall not exceed the price agreed to be paid by us in respect of your Vehicle as stated in the Final Valuation.
10.2. Nothing in these Terms and Conditions will affect your statutory rights.
11. GENERAL
11.1. A person who is not a party to these Terms and Conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
11.2. These Terms and Conditions cannot be varied except as stated in this clause. Any variation to these Terms and Conditions will be made by us only on written notice to you.
11.3. These Terms and Conditions shall be governed by English Law and both we and you agree to the exclusive jurisdiction of the English courts.