Buyers Contract for Sale with Auction4Cars

IMPORTANT This is a legal agreement between Auction4Cars and the user ("you" or "your") of the used vehicle auction website at www.auction4cars.com ("Website") or APP. Please read the following terms and conditions carefully.

Registration
1. The Website and APP are operated by Auction4Cars whose registered office is at Motorpoint Ltd
  Registered Office:
  Champion House (Formerly Salisbury House),
  Stephensons Way,
  Chaddesden,
  Derby,
  DE21 6LY
  
  Company Number: 3482801 ("AUCTION4CARS").
2. By using this Website or APP you have agreed to these terms and conditions, which includes the privacy policy which can be viewed at www.auction4cars.com ("Terms").
3. If you do not register and agree to these Terms you may not access or otherwise use the Website or APP.
4. If you have not registered to use the Website or APP and you have read, understood and accepted these Terms, please click on this link to register where you will be asked to confirm you accept these Terms:
Status of these terms
1. From time to time AUCTION4CARS may modify these Terms. We will notify you of any such changes to these Terms by email and will post the updated terms (which may be a URL link to the updated terms) on the Website.
2. You agree to be bound by the new Terms from the date that email notification is sent to you and your continued use of the Website shall be deemed acceptance of the changes. Accordingly please continue to review these Terms whenever accessing or using the Website and in particular prior to submitting bids though the Website's auction facility. These Terms apply to all parts of the Website to which you may have access from time to time.
Your Obligations
1. You agree to provide further information (including references) if required in relation to your registration. AUCTION4CARS reserves the right to block your access to use the Website if there are reasonable grounds for suspecting you have breached these Terms.
2. It is your responsibility to notify AUCTION4CARS immediately if any of your registration details change by sending an email to: admin@auction4cars.com
3. You are responsible for the accuracy of any details provided and are responsible for keeping these details updated.
4. On registration you will be asked to select a user name and password.
5. You are responsible for the use and security of your password and ID log-in and for ensuring full compliance with these Terms.
6. You are responsible for keeping your password and ID log-in code confidential and must notify us immediately if you suspect unauthorised use by a third party by sending an email to: admin@auction4cars.com
7. In the event of a security breach, you will be given the ability to change your ID and password which you must do immediately.
8. You are responsible for all costs and charges (including without limitation internet and telecommunication charges) in accessing the Website and for maintaining any equipment required to access the Website.
9. You will only use the Website for proper and lawful purposes which, for the avoidance of doubt, shall mean bidding for vehicles listed on the web site from time to time.
10. You shall not allow authorised individuals to access the Website for any improper or unlawful purposes and you are not permitted to transfer your password to another person or entity.
11. You shall not permit any person under the age of 18 to take part in any auction on the Website.
12. You will use your best endeavours to scan or remove any virus or any other contamination or destructive features before submitting any information to AUCTION4CARS.
13. It is your responsibility as the customer when collecting a vehicle either in person or your designated collection agent, that you or your agent has checked the vehicle and all relevant paperwork bringing any issues to our attention so this can be dealt with on site at this point. A4C will not take any responsibility after this point for any faults defects or missing items that may arise. Please note we are an auction selling trade cars at trade prices, which are not prepared for retail.
14. A4C reserve the right with any vehicle that has had an agreement in principle to be returned, to have the fault/ issue tested / diagnosed by A4C or our chosen subcontractor before any refund is given.
15. Errors and omission’s. Whilst every care is taken to describe our goods correctly from time to time errors and omissions may occur.
16. All Credits / refunds issued and requested to be transferred to another vehicle, will in all cases be credited against the oldest car purchased by date.
17. A4C reserve the right at any time to restrict users accounts. Notice will be given along with an explanation via email.
Bidding Process
1. "Goods" means any vehicles available as part of an auction on the Website.
2. Full instructions on how to bid for Goods and details of the expiry date and time for each auction will be posted on the Website but all bids and transactions will be subject to these Terms. Bids should be made on a VAT inclusive basis.
3. From time to time AUCTION4CARS may place Goods on the Website for auction. A listing by AUCTION4CARS does not constitute an offer and such Goods may be withdrawn or the listing may be revised at anytime prior to the End Date (defined at 4.9).
4. AUCTION4CARS is under no obligation to auction any Goods which may be listed on the Website as being due for auction on a particular day.
5. A bid will be deemed to have been placed when such bid is received by AUCTION4CARS' server. A bid is not yet placed when such bid is sent by your server.
6. A bid may not be withdrawn after it is placed.
7. From time to time AUCTION4CARS may allocate a minimum VAT inclusive price in respect of Goods ("Reserve Price").
8. To be the winning bid, the bid must be the highest bid of the auction received by the End Date (referred to in 4.9 below) and must meet any other conditions which may be specific to each auction including, at AUCTION4CARS’s discretion, exceeding the Reserve Price. If additional conditions apply, they will be published alongside the description of the Goods prior to the commencement of each auction.
9. AUCTION4CARS will allocate and publish on the web site a specific time and date for each Good at which point further bids will not be accepted ("End Date"). When the auction closes if you have the winning bid, the agreement for the purchase of the Goods becomes binding on you.
10. If your bid is followed by a higher bid which is later removed by AUCTION4CARS for any reason, it will be open to AUCTION4CARS to accept your bid, as though the higher bid had never been made.
11. AUCTION4CARS reserves the right to refuse or remove bids and/or suspend, cancel or extend auctions at its absolute discretion, including where there are or have been obvious typographical or arithmetical inaccuracies.
12. If your bid is successful, AUCTION4CARS will confirm this by email or telephone together with dates and times for collection of the Goods, and shall forward an invoice together with details of how to pay.
13. AUCTION4CARS is not obliged to assist in any disputes between bidders.
Payment
1. All Goods must be paid for in cleared funds in pounds sterling within 72 hours by bank transfer to the bank account quoting registration number(s) as set out below: Account Number: 78912068 Sort Code: 30–92–59 Account Name: Auction4Cars
  For those making payments outside of the UK, the IBAN number is LOYDGB21107 and Bic Code GB97 LOYD 3092 5978 9120 68 Please be aware that we are unable to accept any form of cash payment, including cash deposits made over the bank counter. We will be unable to release any cars paid using this method.
2. Once payment has been received and the release code issued, collection of the vehicle must be made within 5 working days. Failure to adhere to items 1 and 2 will result in us not considering any refund or partial credit should the vehicle differ from the initial description.
3. Where payment is overdue, AUCTION4CARS reserves the right to:
  1. charge interest on late payments at an annual rate of 2% above the base lending rate of The Royal Bank of England (from time to time); or
  2. recover interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998; and/or
  3. treat the bid as having lapsed, offer the Goods to other parties and recover from the bidder any difference in price and costs incurred as a result of such lapse.
4. You agree to pay all taxes which may arise out of the sale.
5. You shall have no right to set off amounts owed to you by AUCTION4CARS against any sums due to AUCTION4CARS under these Terms..
6. Time for payment is of the essence.
7. You are responsible for:
  1. complying with all legal requirements in relation to use and maintenance of the Goods; and
  2. obtaining all certificates, permits or other authorisations necessary before the Goods can be used on any road or elsewhere.
Goods
1. Title shall remain with AUCTION4CARS until AUCTION4CARS receives cleared funds from you in respect of the Goods.
2. You shall at your own expense collect the Goods purchased when AUCTION4CARS receives payment in cleared funds from you in accordance with the payment terms.
3. You shall be responsible for any removal, storage and insurance charges on any Goods not collected within five working days after the End Date. Once payment is received, title and risk in the Goods passes to you.
4. In order to collect your vehicle you will be required to provide on collection:-
  - Release code
  - Photo driving licence or trade plates If a third party is collecting the vehicles on your behalf you will be required to notify AUCTION4CARS of your preferred method (ie transporter, plate company) prior to collection.
Disclaimers
1. Nothing in these Terms shall operate to exclude or restrict either party's liability for:
  1. death or personal injury resulting from negligence;
  2. breach of the obligations arising from section 12 of the Sale of Goods Act 1979; or
  3. fraudulent misrepresentation.
2. You acknowledge that you have not relied upon any representation made to you by AUCTION4CARS, its employees or agents in relation to the Goods unless such representation has been confirmed in writing prior to the relevant auction.
3. The Goods are previously owned/used vehicles and are sold as seen. All vehicles are sold with all (if any) faults and imperfections and errors of description. Buyers should satisfy themselves prior to collection as to the origin, description, age, durability, completeness, operability, state and condition of the Goods and should exercise and rely on their own judgment as to whether the Goods accord with any description are roadworthy and comply with the road traffic act. None of the photographs or illustrations of the Goods which AUCTION4CARS may make available should be relied upon to give an accurate or full depiction of the state or condition of the Goods. Accordingly, all conditions and warranties implied by law, trade, custom or practice are hereby excluded except to the extent that such exclusion is otherwise prohibited by any law.
4. No refund will be given or implied for any repairs that are deemed by ourselves to be of a serviceable item.
Remedies
1. You agree that should any liability arise against AUCTION4CARS under these Terms, your sole remedy in respect of any claim in relation to the Goods, however such claim arises, shall in all cases be limited to the price paid for the Goods, and shall only be available if the Goods have not been reused.
2. AUCTION4CARS shall not in any circumstances be liable for any:
  1. loss of business or business opportunities;
  2. loss of profits;
  3. loss of data;
  4. damage to goodwill; or
  5. indirect, consequential or special loss.
Intellectual Property, Licences and Download Rights
1. Any and all Intellectual Property (which shall include patents, inventions, know-how, trade secrets and other confidential information, registered designs, copyrights, database rights, design rights, rights affording equivalent protection to copyright, database rights and design rights, semiconductor topography rights, trade marks, service marks, logos, domain names, business names, trade names, moral rights, and all registrations or applications to register any of the aforesaid items, rights in the nature of any of the aforesaid items in any country or jurisdiction, rights in the nature of unfair competition rights and rights to sue for passing-off) subsisting in or used in connection with the Website is, and shall remain, the property of the Principal
2. You will not acquire any rights or licences in or to the Website, the Intellectual Property or any other content other than the limited rights to use the Website in accordance with these Terms.
3. You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, download or in any other way to exploit any part of the Website and/or the content.
4. Downloading the content is permitted by AUCTION4CARS provided that:
  1. You make no more than six printed copy of such download and no further copies of such printed copies are made; and
  2. You retain on such downloads and/or printed copies all copyright notices and shall remain bound by the terms of such wording and notices.
5. You agree that AUCTION4CARS may use copy, reproduce, distribute, adopt, load, execute, store, transmit, communicate, display, maintain, enhance any data you provide to it subject to compliance, where applicable, with the Data Protection Act 1998 and the privacy policy.
Warranty in Respect of Website Content
1. The Website and the content are provided on an "as is" and "as available" basis by AUCTION4CARS and AUCTION4CARS reserves the right to change, suspend or discontinue the Website at any time.
2. Subject to the provisions of these Terms in relation to the purchase of Goods:
  1. all warranties and conditions, whether express or implied by statute, common law or otherwise as to the accuracy, timelessness or completeness of any information or material on the Website are excluded to the extent permitted by law;
  2. AUCTION4CARS excludes any liability whether in contract, tort (negligence) or otherwise for any incorrect or misleading information on the Website except as set out in these Terms;
  3. AUCTION4CARS will not be liable to you or any third party resulting from any unauthorised access to the Website;
  4. AUCTION4CARS will not be liable to you or any third party resulting from your failure to keep security information secret;
  5. AUCTION4CARS does not warrant that the Website is compatible with your computer equipment or that the Website or its server is free from errors, viruses, worms, Trojan horses or other destructive code and AUCTION4CARS is not liable for any damage you may suffer as a result of such destructive features;
  6. AUCTION4CARS shall not be held responsible for content provided by third parties or for the content of or use of third party sites to which there is a link in the Website;
  7. AUCTION4CARS is not responsible for the reliability or continued availability of the telephone lines or equipment you use to access the Website; and
  8. does not give any warranty in respect of the state, condition or quality of the Goods.
Data and Privacy AUCTION4CARS shall comply with the Data Protection Act 1998 and its privacy policy as applicable as amended from time to time.
Changes to the Website
1. You accept that AUCTION4CARS has the right to change the content or technical specifications of any aspect of the Website at any time at AUCTION4CARS' sole discretion.
2. You further accept that such changes may result in you being unable to access the Website.
3. AUCTION4CARS may have to suspend the operation of the Website from time to time to carry out maintenance and make upgrades.
No Assignment
1. You may not assign your rights or delegate your duties under these Terms.
2. AUCTION4CARS may assign its rights or delegate its duties under these Terms without prior notice to you.
Relationship No agency, partnership, joint venture or employee/employer relationship is intended or created by these Terms.
Notices
1. Any notice shall be given by email to the email address provided on the registration form or such other address as is provided by you to AUCTION4CARS.
2. Notice shall be deemed to have been given 48 hours after sending of the email unless the sender receives a response indicating that the message was undeliverable.
Waiver No waiver by AUCTION4CARS or of any breach or any obligation arising under these Terms shall constitute a waiver of any breach and no failure by AUCTION4CARS to exercise any remedy shall constitute a waiver of the rights subsequent to exercises that of any other remedy.
Severance If any part of these Terms is held to be invalid void or unenforceable the parties agree that the remaining portions will not be affected and that the portion in question may be replaced by the lawful portion that most embodies the other intention of the parties and the remainder of these Terms will in any event remain valid and enforceable.
Variation No variation or alteration of any of these Terms shall be effective unless it is in writing and signed by or on behalf of each party.
Force Majeure
1. "Force Majeure Event" means any circumstance beyond the control of AUCTION4CARS including, but not limited to acts of God, fire, explosion, adverse weather conditions, flood, earthquake, terrorism, riot, civil commotion, war, hostilities, strikes, work stoppages, slow-downs or other industrial disputes, accidents, riots or civil disturbances, acts of government, lack of power and delays by suppliers or materials shortages.
2. AUCTION4CARS shall have no liability for any delay or failure to carry out any of AUCTION4CARS' obligations under these Terms where a Force Majeure Event has occurred.
3. Nothing shall excuse you from any payment obligations under these Terms.
Governing Law and Jurisdiction These Terms shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the English Courts.
Third Part Rights A person who is not party to these Terms shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any part of these Terms. This does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
Entire Agreement
1. These Terms, together with the documents referred to in it, constitutes the entire agreement and understanding between the parties in respect of the matters dealt with in them and supersedes any previous agreement between the parties or any of them relating to such matters.
2. You acknowledge that by agreeing to these Terms, and any of the documents referred to in it, that you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) other than as expressly set out in these Terms as a warranty. The only remedy available to either party in respect of any such statement, representation, warranty or understanding shall be for breach of contract.
3. Nothing in this clause 22 shall operate to exclude any liability for fraud.
Access to Website AUCTION4CARS may block your access to the Website at any time.
Promotions
- Dealer recommendations need to be notified to Auction4Cars at time of referral. Please use the "contact" link on the website.
- Referral of £50 paid when recommended dealer wins and collects their first car.
- Referral will be placed on recommending dealers account as a credit.
- Recommending dealer can claim the credit by paying short by £50 on their next won vehicle – advise Anthony Wilson when the payment is made.
- Dealers groups are limited to a maximum of 5 referrals in total within the same group.
- Referred dealer will also be eligible to an introductory discount on first car won – details available on request.
Buyers Fee Offer Who is eligible for the promotion?
1. Unless stated otherwise within the promotion, the promotion is open to residents of the United Kingdom aged 18 years or over.
2. Employees (or family members of employees) of the promoter, any group company of the promoter, companies associated with the promotion and all affiliates of such companies may not enter the promotion.
3. The promotion is only available to new Auction4Cars customers. How the Promotion works
4. To take advantage of the Promotion:
- Log onto Auction4Cars at www.auction4cars.com
- Place your bid
- If your bid has been successful email anthony.wilson@motorpoint.co.uk with your bid number
- Auction4Cars will apply the buying fee credit to your account prior to you paying for your vehicle
- The Promotion is only valid for the first vehicle purchased by new customers
- The Promotion runs between May 1, 2021 and June 30, 2021 General
1. We reserve the right to amend the Terms and Conditions of this Promotion at any time.
2. Our decisions in respect of the Promotion shall be final and binding in all respects. No correspondence will be entered into.
3. Customers that do not comply in full with the terms and conditions of the Promotion will be disqualified.
4. The Promotion, and any dispute or claim arising out of or in connection with it, shall be governed by and construed in accordance with English law. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.