
Terms and Conditions
The terms and conditions set forth below will apply each and every time iwanttosellmycar.co.uk (the Company) purchase a vehicle from you (the Seller) whether the purchase is completed by email, internet, telephone, fax, post, face to face or other means are conducted on a "subject to contract" basis.
No legally binding contract between the Seller and the Company will be formed in any circumstances until the company has had the opportunity to conduct an ''on-site'' valuation of the vehicle and inspect the accompanying documentation and to complete a physical examination of the vehicle by a qualified mechanic on behalf of iwanttosellmycar.co.uk AND the parties have entered into iwanttosellmycar.co.uk's company's standard written contract of purchase which incorporates the terms stated below.
If you are a consumer, nothing in these terms and conditions will affect your statutory rights.
References to the "Company" or "iwanttosellmycar.co.uk" relate to I Want To Sell My Car Ltd trading as "iwanttosellmycar.co.uk". References to the "Seller" relates to YOU, the owner of the vehicle which is the subject of the purchase.
1. Acceptance of Offer
a. In order to commence the purchase process, you (the Seller) must visit the iwanttosellmycar.co.uk website www.iwanttosellmycar.co.uk and fully complete the online valuation process.
b. You need to provide us with specific information about the type and condition of the car you wish to sell. Once you have completed the online valuation process you will subsequently receive an e-mail which contains a valuation for your vehicle (subject to the rest of these Conditions of Purchase) which we will be willing to pay for the vehicle. Valuations are provided on a "subject to contract" basis and are not legally binding. iwanttosellmycar.co.uk reserves the right to withdraw the valuation at any time without legal consequence and with no liability to the prospective Seller.
c. If you are happy with the Price, you may make an offer (“Offer”) to sell your Car to us at the Price provided. Our acceptance of your Offer creates a binding contract between us.
2. Prices Quoted by Us
a. Whenever we quote a Price, that Price is in Pounds Sterling and is inclusive of United Kingdom-rated VAT where applicable. You are responsible for the disclosure and payment of any duties or other taxes which apply.
b. If you choose not to accept the price, the next time you retrieve your car details the price will be amended to the current price for the details you have provided, you only secure a price against market fluctuation by making us an offer to sell your car.
c. We will ask to collect your car at an agreed address (in mainland England, Scotland or Wales) that you provided when offering your car.
d. Whilst we try to ensure that all Prices provided on our website, in our literature and given over the telephone are accurate, mistakes can sometimes occur. If we discover an error in the Price we will contact you as soon as possible and give you the option of either reconfirming your Offer at the correct Price or cancelling it. If we are unable to contact you for any reason we will treat the contract as being cancelled.
3. Payment
a. We will pay the Price by sending the money to your nominated bank account by telegraphic transfer at time of collection. Our bank, The Royal Bank of Scotland will confirm to you via email that funds have left our bank account. Alternatively we can present you with a cheque when we collect the car.
4. Your Warranties
You warrant that:
a. the information you have provided to us about the Car is full and accurate.
b. you own the Car absolutely - i.e. the Car is owned by you alone and is not subject to any arrangement with a third party where that third party has an interest in the Car (such as a secured loan, hire purchase or leasing arrangement), unless the arrangement with the third party is capable of transferring ownership of the Car to you for settlement in cash in which case (after we have collected or you have delivered the Car) we will pay to such third party the amount required to release the Car from such arrangement and you agree that the Price payable to you is reduced by an amount equal to the amount to be paid to such third party.
c. you are aged 18 or over;
5. Conditions of the Contract
Our acceptance of your Offer is conditional upon the matters set out below.
The Conditions are that:
a. at both the time you offer to sell the Car to us and the time we collect or you deliver your Car, you are not in breach of any of the warranties in clause 4.
b. any third party described in clause 4(b) accepts payment from us in exchange for it releasing any interest it has in the Car.
c. subject to clause 4(b) we are able to confirm to our satisfaction that we will obtain full and unfettered ownership of the Car on payment of the Price.
d. the Car is in the same condition (subject to fair wear and tear) as described to us when we provided you with the Price, including being free from any damage not disclosed at that time and the mileage of the Car not having increased by an average of more than 50 miles per day following your Offer.
e. all statements you have made to us preceding and during the course of the contract are full and accurate in all respects.
f. you have complied with your obligations on collection or delivery of the Car set out in clause 6.
g. we collect the car or you deliver the car to us on the date agreed when we accept your offer of the sale of the Car and in any event, within 14 days of us accepting your offer to sell us your car.
h. We may ask to inspect the Car before accepting your Offer. In any event, we will inspect the Car when we collect it or you deliver it. If any of the above conditions are not met, we may at our option recalculate the Price or cancel the contract between you and us. If we choose to recalculate the Price and you do not wish to sell the Car to us at the revised Price we will treat the contract as having been cancelled.
i. If we discover within 7 days of collection or delivery of the Car that you have not complied with any of the above conditions we shall treat the contract as having been repudiated by you. We shall return the Car to you and demand repayment of all sums we have paid to you.
j. If you cancel your sale on the day or collection, we may seek to reclaim any reasonable charges on top of our standard cancellation fee, relating to the cost of our driver service and usually only when a driver has departed the depot to collect the car, these additional costs will not be sought if we are given 24 hours, clear notice.
6. Collection By, or Delivery To, Us
If you have agreed to deliver the Car to us, you shall deliver it on the date agreed between you and us. If you have asked us to collect the Car, we will endeavour to collect the Car from a place and at a time convenient to you but are not able to warrant that we will not be late.
When we collect or you deliver the Car you will provide to us:
(a) all keys and other items necessary to fully operate the Car.
(b) the Car’s service record.
(c) the Car’s V5 (also known as the log book).
(d) the Car’s road tax disc; and
We will take title to and risk in the Car when we take physical possession of it.
7. Use of your Information
We will use the information we collect about you during the performance of the contract in accordance with the terms of our Privacy Policy, a copy of which can be found behind the Privacy Policy link on the homepage of our website at www.iwanttosellmycar.co.uk.
8. Complaints and Liability
If you have any queries or complaints please email Customer Services at customerservice@iwanttosellmycar.co.uk.
We, our directors, employees and other agents shall not be liable for damages of any kind including without limitation, direct, indirect, special or consequential damages, loss of income or profits, loss of or corruption of data, loss of or damage to property or claims of third parties, arising out of or in connection with our purchase of the Car or our late or non-collection of the Car. In any event subject to the paragraph below our total liability to you will never exceed the Price.
We do not limit or exclude our liability for death or personal injury caused by our negligence or any rights you may have as a consumer to the extent that such liability and rights may not be limited or excluded under applicable law.
9. Validity
If any of these Conditions of Purchase are unenforceable it shall not affect the enforceability of the rest of these Conditions of Purchase.
10. No Variation or Representation
Other than as provided in these Conditions of Purchase, nothing said by our employees or sub-contractors shall amount to a variation of these Conditions of Purchase or a representation about the nature or quality of our products.
11. Third Party Rights
Nothing in these Conditions of Purchase shall give any person who is not a party to the contract any benefit or any right to enforce any of the terms of the contract.
12. Governing Law and Jurisdiction
These Conditions of Purchase and the contract shall be deemed to have been formed under and shall be governed and interpreted in accordance with English law. The English Courts shall have jurisdiction to hear disputes between us.