These Terms & Conditions apply to the use of our Services and access to our Website. Please familiarise yourself with them before you make use of our Services.
Whenever you access our Website or make use of our Services you are deemed to be accepting these Terms & Conditions in the form prevailing at that time (i.e. as most recently published on our Website).
We reserve the right to change these Terms & Conditions as and when we see fit in our unfettered discretion. You must check whether changes have been made.
If you do not agree to these Terms & Conditions you must immediately stop using our Services.
We draw your attention to the Disclaimer of Liability provisions in Clauses 3, 4, 5, 6, 7 and 8 below.
1. Definitions
1.1 In these Terms and Conditions:-
1.2 “Third Party Information” means any information to the extent that it depends on or is derived from or comprises information provided by any third party, including anyone other than us;
1.3 “we”, “us”, “our” and “ours” refer to AutoVIP Group Ltd T/A AutoVIP.co.uk;
1.4 “you”, “your” and “yours” refer to whoever is using our services;
1.5 “dealer” means any third party dealer or us where we agree to purchase your vehicle directly for our own stock;
1.6 “finance company” means any third party finance company or broker who may offer finance to you in relation to your prospective purchase of a vehicle
1.7 this “Website” means our Internet website including any pages or data comprised in it whether together or alone;
1.8 our “Services” includes any services that we may provide to you including the provision of any information including, without limitation to the generality of the foregoing, Third Party Information.
2. Use of Services
2.1 In consideration of our permitting you to access our Website and (separately) in consideration of our permitting you to use our Services, you agree that you will use our Services and this Website only for your own personal, non-commercial purposes and only for the purposes of a potential sale or purchase by you of a vehicle.
2.2 You agree and acknowledge that the information, Services and products on our Website are intended for use by UK residents only.
2.3 We are committed to preserving the privacy of your personal data. Full details are set out in our Privacy Policy [hyperlink?]
3. Specific Disclaimer of Liability
3.1 This clause is intended to prevent us from being liable at all in relation to or in connection with Third Party Information and for the purposes of this clause liability “in relation to or in connection with” Third Party Information is intended to cover all such liability howsoever arising, including but not limited to liability due to error, omission, inaccuracy or illegality. Insofar as legally possible this clause is to be construed broadly and in our favour in cases of doubt so as to achieve its stated purpose.
3.2 Our Services depend on and largely comprise the provision of Third Party Information. As a general rule we cannot reasonably verify the correctness of Third Party Information. We therefore exclude any and all liability in relation to or in connection with Third Party Information.
3.3 The following subclauses of this clause each apply without limiting the general effect of any other subclause of this clause (including for the avoidance of doubt clause 3.2 above).
3.4 We do not assume any responsibility in relation to or in connection with Third Party Information.
3.5 We do not accept any liability in relation to or in connection with Third Party Information.
3.6 We do not give any warranty in relation to or in connection with Third Party Information.
3.7 We do not enter into any contractual term or condition whatsoever which would in any way render us liable in relation to or in connection with Third Party Information.
3.8 You agree to indemnify us in relation to any liability arising in relation to or in connection with your use of Third Party Information.
3.9 You agree that all Third Party Information is provided for information purposes only and that you must not rely upon it.
3.10 For the purposes of the provisions of this clause (Clause 3) including all its subclauses you agree that all information provided by us is to be treated as Third Party Information unless the contrary is shown.
3.11 Nothing in this clause is intended to exclude liability for death or personal injury caused by our negligence, or for fraud committed by us.
3.12 For the avoidance of doubt if and to the extent that any part of this clause is held to be illegal, ineffective or unenforceable for any reason, the remainder of this clause shall continue to apply as if the said part of this clause were deleted from it.
4. Further Disclaimer of Liability
4.1 Without limiting the effect of Clause 3 above, we accept no responsibility for, and assume no liability in relation to, the conduct or omissions of any third party whatsoever. Again, nothing in this clause is intended to exclude liability for death or personal injury caused by our negligence, or for fraud committed by us.
5. General Disclaimer of Liability
5.1 This clause is intended to prevent us from being liable at all in relation to or in connection with this Website or our Services and for the purposes of this clause liability “in relation to or in connection with” this Website or our Services is intended to cover all such liability howsoever arising, including but not limited to liability due to error, omission, inaccuracy or illegality. Insofar as legally possible this clause is to be construed broadly and in our favour in cases of doubt so as to achieve its stated purpose.
5.2 This Website and any information that we provide (via this Website or otherwise) may contain errors including but not limited to errors due to technical inaccuracies and typographical errors and may from time to time be out of date. We cannot accept responsibility for correcting errors or updating this Website. Due to routine maintenance and technical updates it will not be possible to make this Website available continually and without interruption and we cannot undertake to do so. This Website may become infected by malicious or harmful computer code (including but not limited to viruses, worms, trojans and spyware) due to the acts and/or omissions of third parties and whilst we attempt to ensure that this Website and its content are safe, we cannot accept responsibility in that regard. It must be your responsibility to ensure the safety of your computing systems. Further the provision of this Website and the accuracy and safety of the Website are affected by factors beyond our control. This Website and content and any information provided by us (via this Website or otherwise) are provided “as is”.
5.3 We exclude any and all liability in relation to or in connection with this Website, our acts and omissions in providing or failing to make available this Website (for however short or long a time) and the use of this Website by you. We exclude any and all liability in relation to the Services we provide or fail to provide to you, including the provision of or failure to provide any information to you.
5.4 Without limiting the general effect of any other subclause of this clause (including for the avoidance of doubt clause 5.3 above), in relation to our Services, the provision of or failure to provide any information to you, this Website, our acts and omissions in providing or failing to make available this Website and the use of this Website by you, we:-
5.4.1 do not assume any responsibility
5.4.2 do not give any warranty
5.4.3 do not give any representations express or implied
5.4.4 do not enter into any contractual term or condition whatsoever which would in any way impose any liability upon us
5.5 You agree to indemnify us in relation to any liability arising out of your use of our Services, the provision of or failure to provide any information to you, your use of this Website, our acts or omissions in providing or failing to make available this Website to you and the use of this Website by you.
5.6 You agree that any information we provide to you whether via this Website or otherwise (including orally or in writing) is for information purposes only.
5.7 Nothing in this clause is intended to exclude liability for death or personal injury caused by our negligence, or for fraud committed by us.
5.8 For the avoidance of doubt if and to the extent that any part of this clause is held to be illegal, ineffective or unenforceable for any reason, the remainder of this clause shall continue to apply as if the said part were deleted from it.
6. Information Only
6.1 Any information we provide to you whether via this Website or otherwise is provided for informational purposes only. Such information does not constitute advice. You must not rely on any such information.
6.2 Without limiting the effect of the other clauses of these Terms and Conditions, we make no promise (whether by way of warranty, condition or other contractual term whatsoever, or otherwise) and make no representation, express or implied, in relation to the completeness, efficacy or results of any process by which we obtain information for you or provide information to you, including (but not limited to) any bidding process by which third parties make bids for the prospective purchase of your vehicle.
6.3 Without limiting the effect of the other clauses of these Terms and Conditions, we make no promise (whether by way of warranty, condition or other contractual term whatsoever) and make no representation, express or implied, in relation to the completeness and accuracy of any information we provide to you, or in relation to the completeness and accuracy of the content of this Website or in relation to the completeness and accuracy of the content of any website to which this Website is linked or refers.
6.4 Without limiting the effect of the other clauses of these Terms and Conditions, we make no promise (whether by way of warranty, condition or other contractual term whatsoever) and make no representation, express or implied, in relation to the safety of this Website including (but not limited to) the presence or absence of malicious or harmful computer code including (but not limited to) trojans, viruses, worms and spyware.
6.5 Without limiting the effect of the other clauses of these Terms and Conditions, we do not accept liability in relation to any breach of duty by us, whether contractual, tortious or otherwise, which is due to factors outside our reasonable control.
6.6 Without limiting the effect of the other clauses of these Terms and Conditions, we shall not have any liability howsoever arising, including (but not limited to) liability for damages whether direct, indirect or consequential, in relation to or in connection with any act or omission of yours in reliance on any information we may provide, including (but not limited to) the content of this Website or the content of any website to which this Website is linked or refers.
6.7 Without limiting the effect of the other clauses of these Terms and Conditions, we exclude any and all liability, whether arising out of representations, warranties (statutory or otherwise), other contractual terms (statutory or otherwise) or otherwise, in relation to or in connection with this Website, to the full extent permitted by the law.
6.8 Nothing in this clause is intended to exclude liability for death or personal injury caused by our negligence, or for fraud committed by us.
6.9 For the avoidance of doubt if and to the extent that any part of this clause is held to be illegal, ineffective or unenforceable for any reason, the remainder of this clause shall continue to apply as if the said part were deleted from it.
7. Non-regulated variable rate finance packages
7.1 Our non-regulated variable rate finance packages are available exclusively to:
7.1.1 Limited companies/LLPs
7.1.2 Partnerships
7.1.3 Sole traders/Self-employed individuals
7.1.4 Directors (high net worth individuals)
7.1.5 High net worth individuals
and are available strictly subject to status and finance company underwriting.
7.2 Notwithstanding the contents of these Terms and Conditions you should note that:
7.2.1 we may change or withdraw part or all of any product or Service mentioned at our discretion
7.2.2 this Website is not intended to constitute a definitive or complete statement of the law on any subject, nor is it intended to constitute legal advice in any specific situation
7.3 You acknowledge and agree that the fact that products, Services or information are provided on this Website does not necessarily mean that:
7.3.1 the products and Services are suitable for you and that it is your responsibility to check this
7.3.2 you should rely on any information on this Website (whether provided by us or any third party or finance company)
7.3.3 we endorse the products, Services or information supplied by third parties or any finance company
7.4 When you wish to make an application for finance and we refer you to one of our appointed finance companies, the finance company will assess your suitability for a loan using a process know as “Credit Scoring” and by searching the files of Credit Reference Agencies who will record such search. The finance company will disclose details about you and your prospective agreement with them to the Credit Reference Agencies who may make such details available to subscribing lenders for future credit assessment or fraud prevention.
7.5 Notwithstanding any other term of this clause 7, you warrant that any and all information that you provide to us or to any third party or finance company is true, complete and accurate to the best of your knowledge, understanding and belief.
7.6 Notwithstanding clause 7.4 above, we accept no responsibility or liability at all in relation to or in connection with the terms of any contract, or any other aspects of any legal relationship, entered into between yourself and any third party, and the performance by any third party of any legal obligations. In particular (without limiting the effect of the preceding words of this subclause) this clause is intended to prevent us from being liable at all in relation to or in connection with the results of any status check performed by us or any third party or the terms on which any finance company offers finance to you in relation to your prospective purchase of a vehicle.
7.7 For the purposes of this clause liability “in relation to or in connection with” the terms of any contract between you and a third party or finance company, or the matters stated in clause 7.5 above, is intended to cover all such liability howsoever arising, including but not limited to liability due to error, omission, inaccuracy or illegality. Insofar as legally possible this clause is to be construed broadly and in our favour in cases of doubt so as to achieve its stated purpose.
7.8 In relation to and in connection with the terms of any contract between yourself and any third party (including any finance company), and in relation to and in connection with the other matters set out in clause 7.5 above:-
7.8.1 we exclude any and all liability
7.8.2 we assume no responsibility
7.8.3 we give no warranties or guarantees
7.8.4 we do not enter into any contractual conditions or other terms
7.8.5 we make no representations, express or implied
7.8.6 you agree to indemnify us in relation to any liability which we may incur.
7.9 In relation to and in connection with the performance of any legal obligations by any third party (including any finance company) or by you, we:-
7.9.1 we exclude any and all liability
7.9.2 we assume no responsibility
7.9.3 we give no warranties or guarantees
7.9.4 we do not enter into any contractual conditions or other terms
7.9.5 we make no representations, express or implied
7.9.6 insofar as such obligations are owed by or to you, you agree to indemnify us in relation to any liability which we may incur.
7.10 In particular and without limiting the scope of the preceding provisions of this clause, in relation to the amount and payment of any sums agreed between you and any third party (including any finance company):-
7.10.1 we exclude any and all liability
7.10.2 we assume no responsibility
7.10.3 we give no warranties or guarantees
7.10.4 we do not enter into any contractual conditions or other terms
7.10.5 we make no representations, express or implied
7.10.6 insofar as the same involves any obligation owed by or to you, you agree to indemnify us in relation to any liability which we may incur.
7.11 Nothing in this clause is intended to exclude liability for death or personal injury caused by our negligence, or for fraud committed by us.
7.12 For the avoidance of doubt if and to the extent that any part of this clause is held to be illegal, ineffective or unenforceable for any reason, the remainder of this clause shall continue to apply as if the said part were deleted from it.
8. Specific Disclaimer of Liability in Relation to Dealer Offers
8.1 This clause is intended to prevent us from being liable at all in relation to or in connection with the terms of any contract, or any other aspects of any legal relationship, entered into between yourself and any third party, and the performance by any third party of any legal obligations. In particular (without limiting the effect of the preceding words of this subclause) this clause is intended to prevent us from being liable at all in relation to or in connection with the terms on which any dealer may agree to buy your vehicle.
8.2 For the purposes of this clause liability “in relation to or in connection with” the terms of any contract between you and a dealer, or the matters stated in clause 8.1 above, is intended to cover all such liability howsoever arising, including but not limited to liability due to error, omission, inaccuracy or illegality. Insofar as legally possible this clause is to be construed broadly and in our favour in cases of doubt so as to achieve its stated purpose.
8.3 In relation to and in connection with the terms of any contract between yourself and any third party (including any dealer), and in relation to and in connection with the other matters set out in clause 8.1 above:-
8.3.1 we exclude any and all liability
8.3.2 we assume no responsibility
8.3.3 we give no warranties or guarantees
8.3.4 we do not enter into any contractual conditions or other terms
8.3.5 we make no representations, express or implied
8.3.6 you agree to indemnify us in relation to any liability which we may incur.
8.4 In relation to and in connection with the performance of any legal obligations by any third party (including any dealer) or by you, we:-
8.4.1 we exclude any and all liability
8.4.2 we assume no responsibility
8.4.3 we give no warranties or guarantees
8.4.4 we do not enter into any contractual conditions or other terms
8.4.5 we make no representations, express or implied
8.4.6 insofar as such obligations are owed by or to you, you agree to indemnify us in relation to any liability which we may incur.
8.5 In particular and without limiting the scope of the preceding provisions of this clause, in relation to the amount and payment of any price agreed between you and any third party (including any dealer) and in relation to the retention or transfer of any personal number plate:-
8.5.1 we exclude any and all liability
8.5.2 we assume no responsibility
8.5.3 we give no warranties or guarantees
8.5.4 we do not enter into any contractual conditions or other terms
8.5.5 we make no representations, express or implied
8.5.6 insofar as the same involves any obligation owed by or to you, you agree to indemnify us in relation to any liability which we may incur.
8.6 Nothing in this clause is intended to exclude liability for death or personal injury caused by our negligence, or for fraud committed by us.
8.7 For the avoidance of doubt if and to the extent that any part of this clause is held to be illegal, ineffective or unenforceable for any reason, the remainder of this clause shall continue to apply as if the said part were deleted from it.
9. Customer Responsibilities and Warranties
9.1 Without limiting the effect of the preceding clauses of these Terms and Conditions, we wish to bring your attention in particular to the following responsibilities. By using our Services you acknowledge that you are aware of the information in this clause.
9.2 We cannot vet every dealership in our network so it is your responsibility to make your own checks to your own satisfaction before proceeding with any sale.
9.3 It is your responsibility to ensure that you are paid. You should accept only cleared funds from the dealer when accepting payment, including finance settlement. You should check the validity of any banker’s draft before handing over your vehicle and documents.
9.4 It is your responsibility to check that your personal number plate is put on retention or transferred.
9.5 We obtain prices for your car based on information provided by you and the purchasing dealer. Valuations are provided on a “subject to contract” basis and are not legally binding. You must give us complete and accurate information about your vehicle. We cannot be held responsible for incorrect information or mistakes made by the purchasing dealer.
9.6 We firmly believe that we will achieve the best price to sell in the UK but this is not guaranteed. It is your responsibility to check that you are satisfied with the price indicated. You should obtain a comparable quotation.
9.7 We cannot guarantee exactly how many dealers will be offered your vehicle or how many will want to bid for it.
9.8 We do not provide binding confirmation of any proposed purchase price for your vehicle and a dealer may withdraw its valuation at any time until the purchase is concluded without legal consequence and with no liability to you and we accept no responsibility or liability for any such withdrawal.
9.9 Nothing in this clause (clause 9) is intended to create any legal obligation owed by us.
9.10 You expressly warrant that all the information supplied by you to us or to any dealer during any on-line valuation process or similar is accurate and true.
9.11 You warrant that your vehicle is not subject to undisclosed finance.
9.12 You warrant to the best of your knowledge and belief that your vehicle has not been an insurance write-off or involved in any other serious accident that required substantial remedial repairs.
9.13 You warrant the mileage reading on your vehicle is true and accurate and that the odometer has not, to the best of your knowledge and belief, been tampered with.
9.14 You warrant that there are no undisclosed physical defects with your vehicle that a prudent purchaser would want to be informed about (including cut and shuts, mechanically unsound or inoperable, unroadworthy and/or chassis damage and the like).
9.15 You warrant that there are no undisclosed “title defects” with your vehicle that a prudent purchaser would want to be informed about.
9.16 You warrant that you are the legal owner of the vehicle, you have the right to transfer the full unencumbered legal title and full ownership of your vehicle.
9.17 You warrant that no other person has any claim to your vehicle whether legal, equitable, possessory or otherwise.
9.18 It is your responsibility to disclose any existing finance associated with your vehicle.
9.19 A dealer may agree to settle off the existing finance in lieu of payment (or part payment) of the vehicle to you at its absolute discretion. We accept no responsibility or liability in relation to any such finance and you will indemnify us in relation to any liability which we may incur.
9.20 If the agreed sale price of your vehicle is lower than the settlement figure required to fully settle any related finance, you must pay the dealer the difference between the settlement figure and the agreed sum in advance of the dealer settling off the outstanding balance on the finance. Failure by you to pay such a sum (and put the dealer in cleared funds) within 7 days of an agreement will automatically render the contract between you and the dealer terminated.
9.21 You remain liable to the finance company in respect to the related finance at all times until the credit agreement has been legally terminated and neither we nor any dealer accept any liability with respect to the related finance at any time or for any reason and you will indemnify us in relation to any such related finance.
10. Transfer of your vehicle
10.1 Risk and property in your vehicle will pass from you to the dealer at the time that the written contract provided by the dealer is signed by you.
10.2 Failure by you to sign the written contract will have the effect of delaying the passing of risk and property. Risk and property in these circumstances will therefore pass on the “issue” of payment by the dealer to you and not on receipt of the same. If a cheque is to be made payable to a third party (such as a finance company) in lieu of payment to you, then risk and property will pass upon the issue of a cheque (or other appropriate means of payment) to the third party.
10.3 Your vehicle must be delivered by you to designated premises allocated by the dealer at your expense.
10.4 Collection of the vehicle directly by the dealer will only be made in the most exceptional of circumstances and only by prior agreement. An additional charge may be levied in these circumstances.
10.5 The vehicle will be inspected by the dealer’s representative prior to completion of the written contract. A revised valuation may be offered where:
10.5.1 the vehicle does not fully comply with the information provided during any online valuation process or similar; and/or
10.5.2 where the condition is such that it has a substantial impact on the value of the vehicle; and/or
10.5.3 other relevant factors not disclosed affect the valuation.
10.6 In addition to the on-site valuation, the vehicle must be physically inspected by a qualified mechanic either before or after you have signed the written contract. If the physical inspection by the qualified mechanic is carried out after the written contract has been completed and signed by you, the dealer may rescind the contract for any serious defect subsequently discovered in the vehicle by such inspection.
10.7 The physical inspection must however be conducted by the qualified mechanic on behalf of the dealer within 48 hours of the written contract being signed by you. Failure to have the vehicle physically inspected within this strict time period is at the risk of the dealer.
10.8 When you deliver your vehicle, you shall provide the dealer with all the necessary documentation relating to the vehicle such as service record and invoices, V5 (log book), road tax disc, spare keys, manuals etc.
11. No Agency
11.1 We do not act as your agents.
11.2 We do not act as agents for any third party, including any dealer or finance company.
12. Further Indemnity
12.1 You agree to indemnify us for any losses arising out of any misrepresentation that you make to us, including third party losses if we communicate that information to a third party, including any dealer or finance company.
13. Intellectual Property Clause
13.1 You may not reproduce, retransmit, republish, adapt, alter or in any other fashion reuse any of the content of this Website.
13.2 The contents of this Website are copyright of us except stated otherwise. All rights, save as expressly granted are reserved. Reproduction in any form of any part of the contents of this Website without our prior consent is prohibited unless for your personal use only.
13.3 This Website contains registered and unregistered trade marks belonging to us and other companies. These may include graphics, logos, words, phrases and icons.
14. External Websites
14.1 This Website contains links to third party websites not operated by us. This does not constitute endorsement of any such websites, their content or the third parties who control them and we accept or assume no responsibility or liability for such other sites or services.
15. Lawful User of Website and Content
15.1 You promise not to use this Website or our Services for any purpose which is unlawful or illegal in any part of the United Kingdom or in any jurisdiction where you are situated.
16. Assignment
16.1 You may not assign any rights which you may have under these Terms and Conditions. We may assign our rights under these Terms and Conditions as we see fit and without notice to you.
17. Entire Agreement
17.1 These Terms and Conditions together with those incorporated herein or referred to herein constitute the entire agreement between us in relation to its subject-matter
18. Severability
18.1 If any part of these Terms and Conditions is held to be illegal, unenforceable or invalid, the remaining parts of these Terms and Conditions shall apply as if it were deleted.
19. Choice of Law
19.1 These Terms and Conditions shall be governed by English law
20. Exclusive Jurisdiction
20.1 These Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
21. Exclusion
21.1 Nothing in these Terms and Conditions excludes any liability or consumer rights which cannot lawfully be excluded
21.2 Nothing in thes Terms and Conditions is intended for the benefit of any third parties and the terms of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded.
22. Address for Service and Important Information
22.1 The address for service of any documents on AutoVIP Group Ltd T/A VIPcarfinance.co.uk is: VIPcarfinance.co.uk, Conyngham Hall, Harrogate, HG5 9AY
22.2 VIPcarfinance are licensed by the Office of Fair Trading – Credit Licence Number: 631174/1 and registered under the Data Protection Act – Number Z2048742
