Is your car available, if so we'd like to buy it

Terms and Conditions for Isyourcaravailable

1. ABOUT US

availablecar.com/sell-your-car is a site operated by Available Car Limited (we or us). We are a company registered in England and Wales under company number 4318082 and our registered office is at Station Road, Castle Donington, DE74 2NL

2. THESE TERMS

These terms (together with the documents referred to within) (the "Terms") set out the terms on which you may access and use our availablecar.com/sell-your-car website ("our Website"), and the services available on it (the "Services"), which include our online car valuation tool (the "Valuation Tool") and our appointment booking tool ("Appointment Tool").

These Terms govern your use whether you access our Services via a computer, mobile device, or any other means.

Please read these Terms carefully before you start to use our Website. We recommend that you print a copy of them for future reference.

By using our Website, you confirm that you accept these Terms and that you agree to comply with them.

If you do not agree to or cannot comply with these Terms, you must not use our Website or any of the Services.

3. OTHER APPLICABLE TERMS

The following additional terms also apply to your use of our Website or Services:

·        Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.

·        Our Cookie Policy, which sets out information about the cookies on our Website.

4. CHANGES TO THESE TERMS

We may revise these Terms at any time without notice by amending this page. The amended Terms will be effective from the date they are posted to our Website (which is set out at the bottom of this page). Your continued use of our Website or Services will constitute your acceptance of the amended Terms.

5. PERMITTED USE OF OUR WEBSITE AND VALUATION TOOL

Our Valuation Tool has been designed to allow private individuals or businesses wishing to sell a car on their own behalf and not as part of their own commercial activities to obtain a valuation of their car and to provide them with the opportunity to sell the car to us. In these Terms, “commercial activities” shall include purchasing vehicles from third parties, selling vehicles to third parties or otherwise dealing with vehicles in the course of business.

You are only permitted to access and use the Valuation Tool for personal, non-commercial purposes (i.e. not as part of your own commercial activities).

Use of the Valuation Tool to obtain car valuations for commercial purposes (i.e. as part of your commercial activities), for example, to value cars you intend to sell to third parties and not to us, is strictly prohibited.

We continuously monitor the use of our Valuation Tool and use technology to inform us of any improper, commercial use. If we identify any improper commercial use of the Valuation Tool, we may charge you a fee for each unauthorised valuation you processed using our Valuation Tool (see details in paragraph 6 below). The amount of this fee may vary depending on how and for what purpose you are using the Valuation Tool.

In order to preserve and maintain the functionality of our Website and Services for everyone, there are a number of things you must not do. You must not:

·        transmit any material designed to interrupt, damage, destroy or limit the accessibility or functionality of our Website or the Services;

·        attempt to gain unauthorised access to our Website, the non-public parts of it, the server on which our Website is stored or indeed any server, computer or database connected to our Website, or from or through which the Services are provided;

·        use any automated software, process, program, robot, web crawler, spider, data mining, trawling or other 'screen scraping' software, process, program or system;

·        use our Website or Services to create, check, confirm, update, modify or amend your own or another person's databases, records or directories;

·        use our Website in any unlawful, fraudulent, offensive or abusive manner;

·        attempt to copy our data or reverse engineer the Services or the processes used on our Website; or

·        do anything which might interfere with any other user's enjoyment of our Website or Services.

6. ACCESS TO AND AVAILABILITY OF OUR WEBSITE

You are responsible for making all arrangements necessary for you to have access to our Website and Services, including using your own virus protection software.

Use of our Website and Services in accordance with these Terms is free of charge. However, if you are using our Website or Services for commercial purposes, or otherwise not in accordance with paragraph 5 above, we may decide to issue you with an invoice for each valuation you obtain using the Valuation Tool (a "Commercial Online Valuation"). The cost per Commercial Online Valuation may be up to £200 per Commercial Online Valuation depending on how and for what purpose you are using the Valuation Tool. We also reserve our right to take additional action against you as we see fit for using the Website or Services for commercial purposes or otherwise not in accordance with paragraph 5, which may include legal proceedings.

We do not guarantee that our Website, Services, or any content we provide, will always be secure, available without interruptions, or be bug, virus, fault or error free.

You should use your own virus protection software.

We may suspend, withdraw, discontinue or change all or any part of our Website or Services, including your access to the Website or Services, for any reason, with immediate effect at any time and without notice or liability.

7. LINKS

You may link to the publicly-accessible pages on our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of us or our Services, such damage being determined by us.

You must not operate a link to our Website in such a way as to suggest or imply any form of association, approval or endorsement by us.

We reserve the right to require you to immediately remove any link to our Website at any time for any reason and we may withdraw any linking permission at any time.

Where our Website contains links to other sites or resources provided by third parties, these links are provided for your information only. We have no control over and take no responsibility for the content of those sites or resources and are not responsible for any services or products accessed via any such sites.

8. INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our Website, Services and all material published on it. Those works are protected iinter alia by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Website for your own personal use.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

9. VALUATION TOOL AND CAR PURCHASE

Valuations are based on the information you provide about your vehicle. To make getting a valuation faster, we standardise first-time valuations with set assumptions.

Assumptions are available to be updated on successful valuation.

Assumptions we make:

·        it has no damage, including interior or mechanical;

·        it has not had any accident damage;

·        it isn't a non runner;

·        it has a current MOT;

·        it hasn't been declared as an insurance write-off or damaged in an accident;

·        it has service history;

·        it is not an import;

·        it has not ever used for private hire, driving tuition or as a police vehicle;

·        it has not been modified, for example Motability ramps, a winch or has missing seats.

·        it has no warning lights;

·        it has the correct mileage and hasn’t been altered or modified in any way;

The minimum online valuation is £200.00.

An Online Valuation is not an offer by us to purchase the Car. It is simply a tool to enable you to estimate the value of your car and the price which we may be willing to pay for it.

We always carry out a physical inspection of the Car before we agree to buy it. After you have received an Online Valuation, you may book an appointment for an inspection at one of our branches (an "Appointment").

If, on inspection of the Car at the Appointment, we consider that the value of the Car is affected by any aspect of its history or condition, including any unusual feature or customisation or anything which affects or limits the Assumptions we made about the Car, which was not apparent to us when we gave the Online Valuation, the price that we may be willing to pay for it following an inspection (the "Price") is likely to differ from the Online Valuation.

We are not obliged to purchase any Car brought to an Appointment (in particular we reserve the right to turn you away from an Appointment if you are selling the Car for commercial purposes, e.g. in the course of a motor trade business) and neither are you obliged to sell any car brought to an Appointment.

Price Guarantee

Subject to our inspection of the Car (as explained further above) and any material change in the market value if your car, the Online Valuation is guaranteed for 7 days from the date and time which you receive your valuation on the Website.

If there is a change in the market value of your car resulting in a reduced valuation, we will use reasonable endeavours to contact you before your Appointment to let you know the new valuation and so that you have an opportunity to cancel your Appointment if you wish to do so.

Hand-over Requirements

At the time of making the Purchase Contract, we will expect you to provide us with:

·        all copies of the Car's keys you have;

·        the Car's registration document (together with appropriate proof of purchase if requested by us);

·        the Car's service history (if any);

·        the Car's MOT certificate (if any);

·        the Car's user manuals (if any); and

·        any accessories there may be such as a locking wheel nut, radio fascia or remote controls.

We will also expect you to remove any personal possessions from the Car once the Purchase Contract has been concluded. We will not be responsible for any personal items lost once the Car is in our possession.

In the event that you fail to comply with these hand-over requirements, you agree that we have the right to withdraw any offer to buy the Car with immediate effect, to rescind or terminate any Purchase Contract with immediate effect, and/or to indicate a revised Price at which we will be prepared to purchase the Car. If we elect to rescind the Purchase Contract, we will return the Car to you, and you will refund the Price to us.

Payment Options:

Our standard payment terms are three working days after the day on which you sell the vehicle to us.

10. LIMITATION OF OUR LIABILITY

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website, Services or any content on it, whether express or implied.

We will not be liable to any user for any costs incurred, or loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

(a) use of, or inability to use our Website or Services;

(b) use of or reliance on any content displayed on our Website or produced by our Services;

(c) a virus, trojan, worm, logic bomb, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material (each a "Virus") due to your use of our Website or Services, or to your downloading of any content on it, or on any website linked to it;

(d) your use of websites linked from our Website or Services;

(e) booking, arranging, cancelling, or attending an Appointment.

We will not be liable for any delay or failure to perform any of any obligations under these Terms due to events or other matters beyond our reasonable control.

If you are a business user, please note that in particular, we will not be liable for:

(a) loss of profits, sales, business, or revenue;

(b) business interruption;

(c) loss of anticipated savings;

(d) loss of business opportunity, goodwill or reputation;

(e) any indirect or consequential loss or damage;

(f) wasted expenditure; or

(g) our dealings with you resulting in any loss of opportunity, profits, sales, or revenue, goodwill or reputation.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and please note that in particular, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11. YOUR LIABILITY

You will compensate us in full for any losses or costs, including reasonable legal fees, we incur as a result of (i) any breach by you of these Terms; (ii) your use of our Website or Service in violation of any law; or (iii) infringement of the rights of another person.

12. MISCELLANEOUS

If any term of these Terms is held to be illegal, invalid or otherwise unenforceable, the remaining parts of the Terms will continue to be enforceable.

You may not assign, sub-license or otherwise transfer any of your rights or obligations under these Terms to any other person.

These Terms do not give rise to rights that are enforceable by any person who is not part to these Terms.

If we do not exercise or enforce a right under these Terms against you at any time, this does not prevent us from doing so at a later date.

13. APPLICABLE LAW

These Terms, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction in connection with these Terms and your access to and use of our Website and Services (including any claims or disputes).

14. CONTACT US

If you have any questions about these Terms or if you wish to contact us in connection with any matter relating to the Services or Website, please email https://www.availablecar.com/dealerships

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