Terms and Conditions
Money4YourMotors.com Limited is incorporated and registered in England and Wales with Company No: 09413775 and has a registered office address at Central House, Leeds Road, Rothwell, Leeds LS26 0JE.
Please read these Terms and Conditions carefully as they will be binding on all customers of Money4yourmotors.com and all users of Money4yourmotors.com website (the "Website").
1. BACKGROUND AND INTERPRETATION
1.1 These Terms and Conditions apply to the exclusion of any other terms which may be expressed or implied.
1.2 We also buy vans and these Terms and Conditions shall equally apply to the purchase of vans. As such, if we are purchasing your van, then any references to "Vehicle" within these Terms and Conditions shall be replaced with the word "van" as appropriate.
1.3 In these Terms and Conditions, the following terms shall be interpreted as follows:
1.3.1 Assumptions: in valuing your Vehicle and preparing/providing you with a Valuation, we have made the following assumptions:
your Vehicle is not an import, ex-police vehicle, taxi, rental or driving school;
your Vehicle has not been written off by an insurance company or sustained accident damage;
your Vehicle does not have a personalised registration number plate;
your Vehicle has 2 (two) sets of working keys;
you are able to provide full service history for your Vehicle;
your Vehicle's paintwork is as per the original factory finish;
your Vehicle still has a minimum of 3 (three) month's MOT remaining; and
your Vehicle has no damage, including mechanical, exterior and/or interior.
1.3.2 Company or we/us/our: Money4YourMotors.com Limited;
1.3.3 Contract: has the meaning set out in clause 5.2;
1.3.4 Final Valuation: has the meaning set out in clause 4.5;
1.3.5 Online Valuation Process: has the meaning set out in clause 3.1;
1.3.6 Purchase Invoice: has the meaning set out in clause 5.1.4;
1.3.7 Terms and Conditions: the terms and conditions set out in this document;
1.3.8 Valuation: the initial valuation we provide to you in accordance with clause 3.2 which confirms the price we offer to pay you in return for your Vehicle and which is based on the information you provide to us in relation to the Vehicle (in addition to the Assumptions) as part of the Online Valuation Process;
1.3.9 V.A.T: Value Added Tax;
1.3.10 Vehicle(s): any car which is the subject of the Online Valuation Process;
1.3.11 Vehicle Documentation: 2 (two) 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;
1.3.12 Website: www.money4yourmotors.com;
1.3.13 You/your: you being the registered keeper and/or legal owner (as appropriate) of the Vehicle to be sold.
2. OTHER RELEVANT POLICIES
2.1 The following policies also apply to your use of the Website:
2.1.2 Our Website Acceptable Use Policy https://m4ym.com/AcceptableUsePolicy 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 log on to the Website and provide us with information about your Vehicle and your contact details (the "Online Valuation Process").
3.2 On completion of the Online Valuation Process, you will be presented with an online Valuation and the opportunity to make an appointment for us to carry out an inspection of your Vehicle as set out in clause 4. A copy of the Valuation will also follow via e-mail to the e-mail address you provide during the Online Valuation Process.
3.3 All Valuations (including any revised Valuation or Final Valuation) and (if applicable) any subsequent purchase of your Vehicle will be subject to these Terms and Conditions and shall be based solely on:
3.3.1 the Vehicle mileage and registration information you provide at the time you complete the Online Valuation Process and which we shall rely upon; and
3.3.2 the Assumptions defined in clause 1.3.1 of these Terms and Conditions.
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 physical valuation and inspection is carried out in accordance with clause 4.
3.4 When you proceed to make an appointment as detailed in clause 3.2, we reserve the right to carry out any additional checks in relation to your Vehicle which we consider reasonable, including any vehicle history checks.
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 Subject to:
3.6.1 any variations in market trends between the date of the Valuation to the date of the Vehicle inspection under clause 4; and
3.6.2 any of the factors in 4.2 applying before your acceptance of the Final Valuation,
the Valuation shall be valid for a period of 5 (five) calendar days from the date on which we send or otherwise provide you with the Valuation, after which time you will be required to complete the Online Valuation Process again.
3.7 The Valuation is provided strictly on a 'subject to contract' basis and we have the absolute right to withdraw the Valuation at any time without any legal consequence or liability to you. The Valuation does not constitute an offer from us to purchase the Vehicle.
3.8 The Valuation will be considered void if the mileage information provided by you during the Online Valuation Process has increased significantly (250 (two hundred and fifty) miles or more) from the date we provided the 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.
3.9 We accept no liability whatsoever for any Valuation provided which may include any unintentional/typographical mistakes or errors on our part or by any systems failure. If a mistake has been made, please notify us as soon as possible so that the mistake can be corrected and (where necessary) a revised Valuation provided.
3.10 All prices given in the Valuation will be in pound sterling only and inclusive of VAT.
4. VEHICLE INSPECTION
4.1 We require, and will carry out, a physical valuation and inspection of the Vehicle and the Vehicle Documentation prior to us issuing you with a Purchase Invoice in accordance with clause 5.
4.2 A revised Valuation may be necessary where, as a result of the physical valuation in accordance with clause 4.1:
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 the Vehicle's actual condition has a significant impact on its valuation;
4.2.3 clause 3.8 and/or clause 4.6 applies;
4.2.3 the Vehicle is found to have mechanical defects; or
4.2.4 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. This examination will be undertaken by a fully qualified mechanic of our choice and at a place and date as determined by us.
4.4 As a result of either valuation/inspection detailed in clause 4.1 or extensive examination set out in clause 4.3, we reserve the right to withdraw the Valuation if any defect is/defects are discovered during the course of the inspection and/or extensive examination.
4.5 Immediately following the Valuation and/or inspection set out in this clause 4, we shall confirm the price which we offer to pay you for your Vehicle, which, unless if any of the factors in clause 4.2 apply, shall be the same price as contained in the Valuation (the "Final Valuation").
4.6 If you do not accept the Final Valuation at the time it is offered immediately following the Valuation and/or inspection set out in clauses 4.1 and 4.3, it will be deemed withdrawn if you subsequently confirm you would like to accept the price set out in the Final Valuation, it will be necessary for us to make a further appointment to inspect the Vehicle and confirm none of the factors in clause 4.2 have since become relevant.
5. BASIS OF CONTRACT
5.1 No binding contract will be created between us and you until the following conditions have been met:
5.1.1 we have undertaken a physical valuation, inspection and/or extensive examination (as applicable) as detailed in clause 4;
5.1.2 you have received a Final Valuation from us confirming the purchase price we intend to pay you in relation to your Vehicle;
5.1.3 the Vehicle Documentation has been given to us at the point we collect the Vehicle; and
5.1.4 we have issued you with electronic confirmation of the Vehicle's purchase price as set out in the Final Valuation (the "Purchase Invoice").
5.2 For the avoidance of doubt, the Final Valuation referred to in clause 4.5 shall constitute a 'conditional offer' from us to purchase the Vehicle from you on these Terms and Conditions and for the price set out therein. Your acceptance of the Final Valuation signifies your acceptance of all terms in the Final Valuation, including these Terms and Conditions, and at that point you acknowledge that you shall enter into a legally binding contract with us in relation to our purchase of the Vehicle (the "Contract").
5.3 We shall issue you with a copy of the Purchase Invoice upon your acceptance of the Final Valuation which you should retain for your records.
6. TERMS OF PAYMENT
6.1 All payments made by us will be by instant bank transfer. However, we reserve the right to make payments by other methods when we consider it reasonable to do so.
6.2 Instant 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, in rare cases, due to problems with 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 us following your acceptance of the Final Valuation. Without prejudice to clause 7, 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 If we exercise our right to withdraw the Final Valuation or declare any Valuation (which includes any revised or Final Valuation as the case may be) void pursuant to clauses 3.5, 3.6, 3.7, 4.4 and/or clause 7.3, payment will not fall due.
6.5 At your 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. ADMINISTRATION CHARGE
The following Administration Charges apply to our purchase of a vehicle:
7.1 For vehicles with a purchase price of up to £100 there is no Administration Charge.
7.2 An Administration Charge of £99.00 is applicable for vehicles with a purchase price of £100 or more.
8. VEHICLES ON FINANCE AND/OR SUBJECT TO A 'LOG BOOK LOAN'
8.1 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) ('Outstanding Finance').
8.2 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.
8.3 We shall only agree to settle any Outstanding Finance where the Outstanding Finance is the same as or less than the Vehicle's Valuation. If the reverse applies (i.e. the Outstanding Finance is more than the Vehicle's Valuation) we are unable to settle such Outstanding Finance and we will not purchase the Vehicle. If we discover that the Vehicle is subject to Outstanding Finance higher than the Vehicle's Valuation either after the Valuation has been issued or after the Contract has been formed in accordance with clause 5, the Valuation and/or Contract (as appropriate) shall be deemed void and any sums in respect of the Outstanding Finance shall be a debt due from you to us and payable on demand.
8.4 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.
8.5 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.
9.1 We rely upon the following representations and warranties given by you in the event that we purchase your Vehicle:
9.1.1 you warrant that you are the legal owner and/or registered keeper of the Vehicle, and have been for a minimum of 3 (three) months prior to the date of the Valuation, and you have the right to sell the Vehicle to us;
9.1.2 subject to clause 7, you warrant that no other person has a right or claim over the Vehicle in any way;
9.1.3 you warrant that 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;
9.1.4 you warrant that you have disclosed all information to us with regard to Outstanding Finance and that the Vehicle is not subject to any undisclosed finance;
9.1.5 you warrant that the mileage reading on the Vehicle is accurate; and
9.1.6 you warrant that you have fully disclosed the following information:
i. 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); and
ii. any issues (potential or actual) relating to title to the Vehicle.
10. OWNERSHIP AND RISK
10.1 Subject to clause 8.3, risk of and ownership in the Vehicle will transfer from you to us upon a binding Contract being created in accordance with clause 5.
10.2 Until risk and ownership in the Vehicle has been transferred to us in accordance with clause 10.1, you remain fully responsible for insuring the Vehicle.
11. VEHICLE COLLECTION
11.1 If a price is agreed for your vehicle monies will be transferred directly into your account by instant bank transfer. At this point, the car becomes the property of Money4yourMotors and we will notify our transport team to arrange collection of the vehicle.
11.2 We aim for the vehicle to be collected within one week.
12. EXCLUSION OF LIABILITY
12.1 We (including our officers, employees and agents) will not take responsibility or be liable for any indirect, special or consequential losses incurred by you (including loss of profit or other expense and compensation).
12.2 Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
12.3 These Terms and Conditions expressly exclude our liability for property damage.
12.4 We will not be liable for any 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 to it.
12.5 We assume no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
12.6 Nothing in these Terms and Conditions will affect your statutory rights.
12.7 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 Valuation (or revised Valuation as the case may be) or (where a Purchase Invoice has been signed by you) in the Purchase Invoice.
13. THIRD PARTY RIGHTS
13.1 A person who is not 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.
14.1 These Terms and Conditions cannot be varied by oral representation or otherwise.
14.2 Any variation to these Terms and Conditions will be made by us only and we may, at our discretion make any amendments to these Terms and Conditions at no notice to you.
15. GOVERNING LAW AND JURISDICTION
15.1 These Terms and Conditions shall be governed by English Law and both we and you agree to the exclusive jurisdiction of the English courts.