1. ABOUT US
availablecar.com/px-price-promise We agree to allow part of the price of the Goods to be paid by You delivering a part exchange vehicle to Us, such part exchange vehicle shall be delivered and accepted upon the following conditions:
That, after examination of Your vehicle and inspection of the accompanying documentation at the time of any agreement being made as to a valuation by Us, it shall be delivered in the same condition and within 1,000 miles on the odometer as and when so examined. We reserve the right to revalue Your vehicle if You fail to adhere to this requirement. The order and any allowance in respect of a used motor vehicle offered by You in part exchange is subject to acceptance and confirmation in writing by Us. If You have used Our online valuation tool to guarantee the valuation of Your vehicle, the price offered is still dependant on this inspection taking place to verify the accuracy of the vehicle description submitted when You requested Your guaranteed online valuation.
That where the part exchange vehicle is the subject of a Secured Finance agreement We shall be entitled to make any such settlement payment to the Finance Company and will, with the consent of that Company, finally discharge such agreement as part of the balance of Your vehicle purchase from Us.
You will disclose to Us whether the part exchange vehicle is subject to an existing Secured Finance agreement, if this is not disclosed to Us and later becomes apparent You will be liable to repay to Us any amounts required to be paid by Us to the Finance Company to discharge such agreement. We will conduct our own checks using industry standard ownership verifications to seek confirmation of any Finance Interest placed on the vehicle, however this does not waive Your disclosure obligations under this agreement.
If this agreement is cancelled after Your used vehicle has been delivered to Us, and We are required to provide to You, in line with Your legal rights, a refund, then We will provide You with the equivalent value of the used vehicle as agreed in the purchase transaction by way of refund. We will not provide a return of Your used vehicle.
If a cancellation is invoked under this agreement and the amount paid to the Finance Company under clause 12(b) or 12(c) as the case may be, exceeds the value agreed in part exchange of the vehicle, You are liable to Us for the differences between these amounts with the payment needing to be made within thirty (30) days of You sending notice to cancel this agreement either under clauses 15 and 16 or in line with Your statutory rights.
That if the Goods to be delivered by Us through no default on the part of Us shall not be delivered to You within 21 days after the date of Your order or the estimated delivery date, where the date is later, the allowance on the said part exchange vehicle shall be subject to a reduction by an amount not exceeding 2½% for each completed period of 30 days from the expiry of the first mentioned 30 days to the date of delivery to You of the Goods.
That if Your part exchange vehicle is handed over without the necessary documentation, namely V5, MOT Certificate (where applicable), Service History (where applicable), Spare Keys (where applicable), user manuals and any accessories there may be (such as locking wheel nut, radio fascia or remote controls), We are entitled to request security of up to £500 is provided in order for the contract to be concluded and for You to take delivery of the Goods. This security will be repayable within 10 working days on provision of the aforementioned documentation and You have 14 calendar days to provide. Failure to provide the information will result in You forfeiting Your entitlement for a return of the security (or the value provided for Your vehicle will be adjusted accordingly). We will also expect You to remove any personal possessions and data from the vehicle, We will not be responsible for any personal items lost once the vehicle is in Our possession.
That if Your part exchange vehicle, due to the vehicle age, requires a valid MOT certificate which is not available, and is being supplied in conjunction with a Distance Contract then You must notify Available Car prior to Our collection of Your vehicle. Failure to do this will result in Available Car being unable to collect Your vehicle and We will require either payment to the value allowed for Your vehicle or the event will subject to a Failed Delivery Charge.
If We buy a part exchange vehicle from You, We will be relying upon Your representation that;
You are legally capable of entering in to a binding contract to sell the vehicle.
You are at least 18 years old.
To the best of Your knowledge, information and belief You are the sole legal and beneficial owner of the vehicle, the mileage reading on the vehicle is true and accurate and the odometer has not been tampered with, You have disclosed to Us all matters which a prudent purchaser would want to know about, such as physical defects in the vehicle (e.g. if it has any mechanical problems or major damage), and the vehicle is registered in the UK.
That the vehicle is free from any encumbrance whatsoever, unless previously stated in writing by You to Us.
In the event that We discover at anytime that any of the above representations are (or are likely to be) inaccurate, untrue or false then We reserve the right (at Our sole discretion) to request additional documentation or information from You to determine whether the above representations are untrue or false. In addition, We reserve the right to withdraw any offer to purchase Your vehicle with immediate effect, rescind any contract with immediate effect or (where appropriate) seek damages from You.
13. We may agree to purchase Your used vehicle under a Distance Contract. In these instances Your responsibilities under clause 12 still apply. Whilst an indicative price (or guaranteed price if generated via Our online valuation tool) can be estimated for Your vehicle based on Your description and mileage provided, a final valuation in these instances will not be provided until a physical inspection of the vehicle has taken place by a Available Car employee or representative of Available Car to verify the descriptions made are true and accurate. We agree to allow part of the price of the Goods to be paid by You delivering a part exchange vehicle to Us, such part exchange vehicle shall be delivered and accepted upon the following conditions:
That, after examination of Your vehicle and inspection of the accompanying documentation at the time of any agreement being made as to a valuation by Us, it shall be delivered in the same condition and within 1,000 miles on the odometer as and when so examined. We reserve the right to revalue Your vehicle if You fail to adhere to this requirement. The order and any allowance in respect of a used motor vehicle offered by You in part exchange is subject to acceptance and confirmation in writing by Us. If You have used Our online valuation tool to guarantee the valuation of Your vehicle, the price offered is still dependant on this inspection taking place to verify the accuracy of the vehicle description submitted when You requested Your guaranteed online valuation.
That where the part exchange vehicle is the subject of a Secured Finance agreement We shall be entitled to make any such settlement payment to the Finance Company and will, with the consent of that Company, finally discharge such agreement as part of the balance of Your vehicle purchase from Us.
You will disclose to Us whether the part exchange vehicle is subject to an existing Secured Finance agreement, if this is not disclosed to Us and later becomes apparent You will be liable to repay to Us any amounts required to be paid by Us to the Finance Company to discharge such agreement. We will conduct our own checks using industry standard ownership verifications to seek confirmation of any Finance Interest placed on the vehicle, however this does not waive Your disclosure obligations under this agreement.
If this agreement is cancelled after Your used vehicle has been delivered to Us, and We are required to provide to You, in line with Your legal rights, a refund, then We will provide You with the equivalent value of the used vehicle as agreed in the purchase transaction by way of refund. We will not provide a return of Your used vehicle.
If a cancellation is invoked under this agreement and the amount paid to the Finance Company under clause 12(b) or 12(c) as the case may be, exceeds the value agreed in part exchange of the vehicle, You are liable to Us for the differences between these amounts with the payment needing to be made within thirty (30) days of You sending notice to cancel this agreement either under clauses 15 and 16 or in line with Your statutory rights.
That if the Goods to be delivered by Us through no default on the part of Us shall not be delivered to You within 21 days after the date of Your order or the estimated delivery date, where the date is later, the allowance on the said part exchange vehicle shall be subject to a reduction by an amount not exceeding 2½% for each completed period of 30 days from the expiry of the first mentioned 30 days to the date of delivery to You of the Goods.
That if Your part exchange vehicle is handed over without the necessary documentation, namely V5, MOT Certificate (where applicable), Service History (where applicable), Spare Keys (where applicable), user manuals and any accessories there may be (such as locking wheel nut, radio fascia or remote controls), We are entitled to request security of up to £500 is provided in order for the contract to be concluded and for You to take delivery of the Goods. This security will be repayable within 10 working days on provision of the aforementioned documentation and You have 14 calendar days to provide. Failure to provide the information will result in You forfeiting Your entitlement for a return of the security (or the value provided for Your vehicle will be adjusted accordingly). We will also expect You to remove any personal possessions and data from the vehicle, We will not be responsible for any personal items lost once the vehicle is in Our possession.
That if Your part exchange vehicle, due to the vehicle age, requires a valid MOT certificate which is not available, and is being supplied in conjunction with a Distance Contract then You must notify Available Car prior to Our collection of Your vehicle. Failure to do this will result in Available Car being unable to collect Your vehicle and We will require either payment to the value allowed for Your vehicle or the event will subject to a Failed Delivery Charge.
If We buy a part exchange vehicle from You, We will be relying upon Your representation that;
You are legally capable of entering in to a binding contract to sell the vehicle.
You are at least 18 years old.
To the best of Your knowledge, information and belief You are the sole legal and beneficial owner of the vehicle, the mileage reading on the vehicle is true and accurate and the odometer has not been tampered with, You have disclosed to Us all matters which a prudent purchaser would want to know about, such as physical defects in the vehicle (e.g. if it has any mechanical problems or major damage), and the vehicle is registered in the UK.
That the vehicle is free from any encumbrance whatsoever, unless previously stated in writing by You to Us.
In the event that We discover at anytime that any of the above representations are (or are likely to be) inaccurate, untrue or false then We reserve the right (at Our sole discretion) to request additional documentation or information from You to determine whether the above representations are untrue or false. In addition, We reserve the right to withdraw any offer to purchase Your vehicle with immediate effect, rescind any contract with immediate effect or (where appropriate) seek damages from You.
13. We may agree to purchase Your used vehicle under a Distance Contract. In these instances Your responsibilities under clause 12 still apply. Whilst an indicative price (or guaranteed price if generated via Our online valuation tool) can be estimated for Your vehicle based on Your description and mileage provided, a final valuation in these instances will not be provided until a physical inspection of the vehicle has taken place by a Available Car employee or representative of Available Car to verify the descriptions made are true and accurate. 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
Where We agree to allow part of the price of the Goods to be paid by You delivering a part exchange vehicle to Us, such part exchange vehicle shall be delivered and accepted upon the following conditions:
That, after examination of Your vehicle and inspection of the accompanying documentation at the time of any agreement being made as to a valuation by Us, it shall be delivered in the same condition and within 1,000 miles on the odometer as and when so examined. We reserve the right to revalue Your vehicle if You fail to adhere to this requirement. The order and any allowance in respect of a used motor vehicle offered by You in part exchange is subject to acceptance and confirmation in writing by Us. If you have used our online valuation tool to guarantee the valuation of Your vehicle, the price offered is still dependant on this inspection taking place to verify the accuracy of the vehicle description submitted when You requested Your guaranteed online valuation.
That where the part exchange vehicle is the subject of a Secured Finance agreement We shall be entitled to make any such settlement payment to the Finance Company and will, with the consent of that Company, finally discharge such agreement as part of the balance of Your vehicle purchase from Us.
You will disclose to Us whether the part exchange vehicle is subject to an existing Secured Finance agreement, if this is not disclosed to Us and later becomes apparent You will be liable to repay to Us any amounts required to be paid by Us to the Finance Company to discharge such agreement. We will conduct our own checks using industry standard ownership verifications to seek confirmation of any Finance Interest placed on the vehicle, however this does not waive Your disclosure obligations under this agreement.
If this agreement is cancelled after Your used vehicle has been delivered to Us, and We are required to provide to You, in line with Your legal rights, a refund, then We will provide You with the equivalent value of the used vehicle as agreed in the purchase transaction by way of refund. We will not provide a return of Your used vehicle.
If a cancellation is invoked under this agreement and the amount paid to the Finance Company under clause 12(b) or 12(c) as the case may be, exceeds the value agreed in part exchange of the vehicle, You are liable to Us for the differences between these amounts with the payment needing to be made within thirty (30) days of You sending notice to cancel this agreement either under clauses 15 and 16 or in line with Your statutory rights.
That if the Goods to be delivered by us through no default on the part of Us shall not be delivered to you within 21 days after the date of Your order or the estimated delivery date, where the date is later, the allowance on the said part exchange vehicle shall be subject to a reduction by an amount not exceeding 2½% for each completed period of 30 days from the expiry of the first mentioned 30 days to the date of delivery to you of the Goods.
That if your part exchange vehicle is handed over without the necessary documentation, namely V5, MOT Certificate (where applicable), Service History (where applicable), Spare Keys (where applicable), user manuals and any accessories there may be (such as locking wheel nut, radio fascia or remote controls), We are entitled to request security of up to £500 is provided in order for the contract to be concluded and for You to take delivery of the Goods. This security will be repayable within 10 working days on provision of the aforementioned documentation and You have 14 calendar days to provide. Failure to provide the information will result in You forfeiting Your entitlement for a return of the security (or the value provided for Your vehicle will be adjusted accordingly). We will also expect You to remove any personal possessions and data from the vehicle, We will not be responsible for any personal items lost once the vehicle is in Our possession.
That if your part exchange vehicle, due to the vehicle age, requires a valid MOT certificate which is not available, and is being supplied in conjunction with a Distance Contract then you must notify Available Car prior to Our collection of your vehicle. Failure to do this will result in Available Car being unable to collect your vehicle and We will require either payment to the value allowed for Your vehicle or the event will subject to a Failed Delivery Charge.
If We buy a part exchange vehicle from You, We will be relying upon Your representation that;
You are legally capable of entering in to a binding contract to sell the vehicle.
You are at least 18 years old.
To the best of Your knowledge, information and belief You are the sole legal and beneficial owner of the vehicle, the mileage reading on the vehicle is true and accurate and the odometer has not been tampered with, You have disclosed to Us all matters which a prudent purchaser would want to know about, such as physical defects in the vehicle (e.g. if it has any mechanical problems or major damage), and the vehicle is registered in the UK.
That the vehicle is free from any encumbrance whatsoever, unless previously stated in writing by You to Us.
In the event that We discover at anytime that any of the above representations are (or are likely to be) inaccurate, untrue or false then We reserve the right (at Our sole discretion) to request additional documentation or information from You to determine whether the above representations are untrue or false. In addition, We reserve the right to withdraw any offer to purchase Your vehicle with immediate effect, rescind any contract with immediate effect or (where appropriate) seek damages from You.
13. We may agree to purchase Your used vehicle under a Distance Contract. In these instances Your responsibilities under clause 12 still apply. Whilst an indicative price (or guaranteed price if generated via Our online valuation tool) can be estimated for Your vehicle based on Your description and mileage provided, a final valuation in these instances will not be provided until a physical inspection of the vehicle has taken place by a Available Car employee or representative of Available Car to verify the descriptions made are true and accurate.
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