Main Advertising Terms and Conditions
Last updated: 2nd
March 2022
Please read
these Conditions carefully as they govern the provision of advertising products
by The Buy and Sell Group Ltd to you.
Your
attention is drawn to Clause 12 (Liability and Indemnity).
Please read
these Conditions in conjunction with the relevant Business Rules that set out
further terms relating to the provision of specific The Buy and Sell Group Ltd products,
which are incorporated into our agreement with you.
1. DEFINITIONS AND
INTERPRETATION
“Additional Products” means any Products purchased by an Advertiser from
time to time, in addition to those included within the Package;
“Advert” or
“Advertisement” means any advertisement of a vehicle (in whatever form) that is
published on The Buy and Sell Group Ltd Platforms;
“Advert
Data” means information and/or content in any format uploaded to Portal or
otherwise provided by the Advertiser to The Buy and Sell Group Ltd for
inclusion in an Advert, including any information about the vehicle,
specification, copy, artwork, text, data, photographs, slides and/or video
clips;
“Advertiser”
means the person, firm or company who enters the Advertising Agreement with The
Buy and Sell Group Ltd (who is not a private seller);
“Advertiser
and Stock Information” means information regarding the Advertiser, the Stock
Information and any other information which is uploaded to Portal or otherwise
communicated or made available by the Advertiser to The Buy and Sell Group Ltd for
the purposes of the Advertising Agreement (excluding the Advert Data);
“Advertising
Agreement” means the agreement between The Buy and Sell Group Ltd and the
Advertiser for the purchase and supply of the Package and (as applicable) any
Additional Products, which shall incorporate these Conditions and all relevant
Business Rules;
“Advertising
Guidelines” means the guidelines imposed by The Buy and Sell Group Ltd which
all Adverts must comply with, as set out in the advertising guidelines section
“AT
Analytics Data” means any data and/or analysis obtained, collated, observed
and/or created by The Buy and Sell Group Ltd based on the Advertiser’s
performance, the Advertiser’s activity on The Buy and Sell Group Ltd Platform,
Adverts on The Buy and Sell Group Ltd, the Advertiser and Stock Information,
market trends and other information available to The Buy and Sell Group Ltd,
which may be shared with other third parties or used by The Buy and Sell Group
Ltd for any purpose;
“The Buy and
Sell Group Ltd” means The Buy and Sell Group Ltd (company no. 06125541) whose
registered office is 7 Bell Yard, London, WC2A 2JR;
“The Buy and
Sell Group Ltd Platforms” means the Website: www.buyandsellanycar.co.uk and all
other The Buy and Sell Group Ltd platforms (including mobile and tablet);
“The Buy and
Sell Group Ltd Website” means the website located at www.buyandsellanycar.co.uk;
“Business
Rules” means any specific rules that relate to specific Products, as may be
amended from time to time;
“Charges”
means the charges to be paid by the Advertiser for the Package and any
Additional Products as set out in an Order Confirmation and/or Order Variation
or otherwise as specified by The Buy and Sell Group Ltd;
“Conditions”
means these Main Advertising Terms & Conditions, as may be amended from
time to time;
“Content
Standards” means the standards imposed by The Buy and Sell Group Ltd which all
Advert Data must comply with, as set out in the contents standard section
“Data
Protection Laws” means all applicable data protection and privacy legislation
in force from time to time in the UK including the UK GDPR; the Data Protection
Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as
updated by Directive 2009/136/EC) and the Privacy and Electronic Communications
Regulations 2003 (SI 2003/2426) (all as amended, updated or re-enacted from
time to time); The terms “controller”, “processor”, “Personal Data” and
“processing shall have the meaning set out in the Data Protection Laws (and
“process” and “processed” shall be construed accordingly);
“Intellectual
Property Rights” means all intellectual property rights wherever in the world
arising whether registered or unregistered (including any application for
registration), including without limitation, all copyright, trademarks, trade
names, logo’s, patents, design rights, database rights and/or know how;
“Manufacturer
Image(s)” means image(s) of a new vehicle sourced by The Buy and Sell Group Ltd
from the respective vehicle manufacturer which closely represent the new
vehicle in an Advert and which are automatically uploaded to an Advert by The
Buy and Sell Group Ltd on the Advertiser’s behalf pursuant to Clause 4.10 (in
response to information provided by the Advertiser) with the following
disclaimer: "Images are for illustrative purposes only";
“Order
Confirmation” means the order communication sent by The Buy and Sell Group Ltd to
the Advertiser confirming details of the Advertiser’s order for the Package;
“Order
Variation” means the form detailing changes requested by the Advertiser to the
Advertising Agreement to add or remove Additional Products and/or upgrade or
downgrade their Package;
“Package”
means the package of Products which the Advertiser subscribes to, including any
Products provided by The Buy and Sell Group Ltd to the Advertiser in addition
to the Products that the Advertiser expressly subscribes to, as set out in the
Order Confirmation or (as applicable) as amended from time to time in
accordance with any Order Variation;
“Partner
Website” means any third-party website or digital platform on which an Advert
is to be placed as agreed in advance between The Buy and Sell Group Ltd and the
Advertiser;
“Portal”
means the digital platform supplied by The Buy and Sell Group Ltd for
Advertisers to manage their Adverts, Stock Information and account;
“Products”
means the advertising and other products or services supplied to the Advertiser
by The Buy and Sell Group Ltd either within a Package or as Additional
Products, as may be amended by The Buy and Sell Group Ltd from time to time;
“Required
Notice Period” shall have the meaning set out in clause 2.4;
“Stock
Information” means any data regarding the Advertiser’s stock of vehicles
including but not limited to vehicle registration details, images, prices and
sales information which is uploaded to Portal or otherwise communicated or made
available to The Buy and Sell Group Ltd;
“Supplemental
Information” means information provided by The Buy and Sell Group Ltd to
supplement and enhance the Stock Information, including verification,
enhancement or amendment of the Stock Information; and
“UK GDPR”
means Regulation (EU) 2016/679 of the European Parliament and of the Council of
27 April 2016 on the protection of natural persons with regard to the processing
of personal data and on the free movement of such data as it forms part of the
law of England and Wales, Scotland and Northern Ireland by virtue of section 3
of the European Union (Withdrawal) Act of 2018; and
“Valuation
Data” means any vehicle valuation data obtained, collated, observed and/or
created by The Buy and Sell Group Ltd (including, but not limited to,
part-exchange valuation data, trade valuation data and retail valuation data),
which is communicated or made available to the Advertiser by The Buy and Sell
Group Ltd, via Portal or otherwise, as part of the Package.
In these Conditions, references to the singular include plural and vice
versa; references to numbered clauses are references to the relevant clause in
these Conditions; the headings to the clauses will not affect interpretation;
any phrase introduced by the terms “including”, "include”, “in
particular”, “such as” or any similar expression shall be construed as
illustrative and shall not limit the sense of the words preceding those terms;
and a reference to writing includes emails.
With the exception of Clause 2.4 below (in respect of which the
Conditions shall take precedence over the Order Variation, Order Confirmation
and Business Rules), in the case of any conflict or ambiguity between any
provision contained in these Conditions and any provision contained in an Order
Confirmation, Order Variation and/or Business Rules, the following order of
precedence shall apply in ascending order with Order Variation taking
precedence at the top:
§ Order Variation
§ Order Confirmation
§ Business Rules
§ Conditions
2. ADVERTISING AGREEMENT
Each order by an Advertiser for subscription to a Package and/or for
Additional Products shall be deemed to be an offer by the Advertiser to
subscribe to the Package and/or purchase Additional Products subject to these
Conditions and any applicable Business Rules. It is the Advertiser’s
responsibility to read the relevant Business Rules.
Orders placed by the Advertiser shall only be deemed accepted by The Buy
and Sell Group Ltd when The Buy and Sell Group Ltd sends an Order Confirmation
or Order Variation (as applicable) to the Advertiser, at which point a binding
contract will come into existence between the Advertiser and The Buy and Sell
Group Ltd.
The Advertiser shall ensure that the terms of its order are complete and
accurate. If changes are required, the Advertiser should inform The Buy and
Sell Group Ltd promptly as detailed on the Order Confirmation or Order
Variation.
The Buy and Sell Group Ltd shall give the Advertiser at least 15 days’
notice (“Required Notice Period”) of any
changes to these Conditions or the Business Rules, by email or other durable
medium. The Advertiser may choose to terminate their Advertising Agreement, or
to terminate their subscription for the relevant Product to which the relevant
Business Rules relate (as applicable), by giving notice in writing to The Buy
and Sell Group Ltd (including by email) before the expiry of the Required
Notice Period, allowing 48 hours for the termination request to be processed by
The Buy and Sell Group Ltd. The Buy and Sell Group Ltd shall not be required to
give the Required Notice Period (and the Advertiser shall not have a
corresponding right to terminate the Advertising Agreement or Product, as
applicable) where The Buy and Sell Group Ltd makes a change to these Conditions
or the Business Rules due to a legal or regulatory obligation or in exceptional
circumstances in order to protect The Buy and Sell Group Ltd Platform or its
customers from an unforeseen and imminent danger (such a data breach or
cybersecurity risk).
These Conditions and the applicable Business Rules govern the
Advertising Agreement to the exclusion of any other terms and conditions
(including any terms the Advertiser seeks to impose) unless expressly stated
otherwise in writing by The Buy and Sell Group Ltd
3. PRODUCTS
The Advertiser will subscribe to a Package and any Additional Products
as detailed in an Order Confirmation and (as applicable) any Order Variation.
In consideration of payment of the Charges by the Advertiser in
accordance with Clause 7, The Buy and Sell Group Ltd will provide the Products
included in the relevant Package and any Additional Products (where relevant)
to the Advertiser.
If after entering the Advertising Agreement, the Advertiser requests an
upgrade or downgrade of its Package and/or requests Additional Products, The
Buy and Sell Group Ltd shall confirm details of the requested change via an
Order Variation. Except as expressly amended by any Order Variation the
original Advertising Agreement shall remain in full force and effect. For the
avoidance of doubt, if an Advertiser wishes to cancel or downgrade the Package
and/or cancel any Additional Products, the Advertiser must give notice to The
Buy and Sell Group Ltd in accordance with Clause 11.2.
The Buy and Sell Group Ltd reserves the right to make changes to any
Product(s) at any time and, where such changes warrant a change to the terms of
the Advertising Agreement, The Buy and Sell Group Ltd shall notify the
Advertiser in accordance with Clause 2.4. The notice requirements shall not
apply where The Buy and Sell Group Ltd makes a change to any Product to reflect
changes in relevant laws and regulatory requirements and/or to implement technical
adjustments and improvements, for example to address a security threat or to
make changes to the appearance and functionality of The Buy and Sell Group Ltd Platform
(including changes to the Advertisement layout and the addition of
functionality and content, such as the inclusion of badges, markers or other
display techniques to highlight elements of the Advertiser’s service or goods).
Where the Advertiser subscribes to certain Products, the Advertiser is
allowed to advertise relevant ancillary goods and services on The Buy and Sell
Group Ltd Platform in accordance with the relevant Business Rules for such
Products (for example, Dealer Finance, Home Delivery, etc). Advertisers are not
allowed to advertise their own ancillary goods and services through The Buy and
Sell Group Ltd Platform, except where they subscribe to the relevant Product.
The Buy and Sell Group Ltd may from time to time carry out testing or
trials using selected Advertisers in connection with existing Products or
potential new products and services. Due to the nature of some tests/trials, in
particular where The Buy and Sell Group Ltd is analysing Advertiser responsiveness in
connection with certain products or services, it may not always be possible to
notify the participating Advertisers that they are involved in a test or trial
until such test or trial has finished. However, The Buy and Sell Group Ltd shall
not carry out such tests or trials in any manner so as to disrupt an
Advertiser's day to day business activities on Portal.
The Buy and Sell Group Ltd may communicate or make available certain
elements of the AT Analytics Data and/or the Valuation Data to the Advertiser
(via Portal or otherwise, as part of the Package). Where The Buy and Sell Group
Ltd provides any AT Analytics Data and/or Valuation Data as part of a Package,
such AT Analytics Data and Valuation Data is based on the information that The
Buy and Sell Group Ltd has available to
it at the relevant time, and constitutes The Buy and Sell Group Ltd’s own
interpretation of market conditions, pricing observations and/or an
Advertiser’s performance, amongst other factors, at such time. It is therefore
not necessarily representative of the whole UK automotive market at the time
such AT Analytics Data and/or Valuation Data is accessed by the Advertiser. The
AT Analytics Data and Valuation Data will be updated or corrected from time to
time to reflect changes in market conditions. Accordingly, the AT Analytics
Data and Valuation Data is provided for the Advertiser’s general information
and guidance purposes only and it is not intended to amount to advice on which
the Advertiser should rely. As such, The Buy and Sell Group Ltd will not be
liable for any loss or damage whatsoever that the Advertiser suffers as a
result of its use of or reliance on the AT Analytics Data and/or Valuation
Data.
The AT Analytics Data and Valuation Data shall at all times remain The
Buy and Sell Group Ltd’s confidential and proprietary information. In respect
of any elements of the AT Analytics Data and/or the Valuation Data which The
Buy and Sell Group Ltd communicates or make available to the Advertiser (via
Portal or otherwise, as part of the Package), The Buy and Sell Group Ltd grants
the Advertiser a limited licence to access and use the AT Analytics Data and
the Valuation Data solely for the Advertiser’s own internal business purposes
and for the term of the Advertising Agreement. The Advertiser is not permitted
to: (i) publish the AT Analytics Data (or any part of it) and/or the Valuation
Data (or any part of it) on the Advertiser’s or any third party website (with
the exception only of Valuation Data which is part exchange data, as such part
exchange data may be made available by the Advertiser to its consumers as part
of the standard part exchange process); (ii) share, publish, copy, adapt,
distribute or re-sell the AT Analytics Data (or any part of it) and/or
Valuation Data (or any part of it); or (iii) use the AT Analytics Data and/or
Valuation Data for any purpose other than as expressly permitted by the
Advertising Agreement.
4. CONTENT FOR
ADVERTISEMENTS
The Advertiser is solely responsible for correctly completing all
mandatory data fields for each Advert and for submitting the Advert Data in the
correct format as specified and by any deadlines specified by The Buy and Sell
Group Ltd. The Buy and Sell Group Ltd has no liability in respect of any Advert
not appearing on the The Buy and Sell Group Ltd Platforms where the Advertiser
has failed to submit the Advert Data in accordance with this clause. Further,
the Advertiser acknowledges that the creation of Adverts may require the
enhancement and/or alteration of the Stock Information (and therefore the
corresponding Advert Data) by way of The Buy and Sell Group Ltd’s use or the
incorporation of Supplemental Information by The Buy and Sell Group Ltd.
Without prejudice to the generality of Clause 4.13 below, it is the
Advertiser’s sole responsibility to ensure that each Advertisement contains a
clear statement of all material information relating to a vehicle which may
influence a consumer’s decision to purchase the vehicle. Such material
information shall include: (i) either confirming that the vehicle’s advertised
selling price includes all associated fees relating to buying the vehicle, or otherwise
clearly stipulating any compulsory additional charges consumers must pay to buy
the vehicle in addition to the vehicle’s advertised selling price, and clearly
communicating that any value-add products the Advertiser offers are optional,
and (ii) whether, and to the extent, a vehicle has been previously used for
business purposes (for example, previous fleet use), and whether a vehicle has
been driven by multiple users. The Advertiser shall ensure that all such
information should be presented clearly and should not contradict the
impression given to consumers by the rest of the Advertisement copy. The
Advertiser shall be solely liable for any failure to include material
information relating to a vehicle within an Advertisement and the inclusion of
any such material information which is incorrect or inaccurate.
Subject to Clause 4.10, the Advertiser shall be solely responsible for
uploading any images (including photographs and video) and for checking the
accuracy of any Advert for errors and amending copy.
The Buy and Sell Group Ltd reserves the right in its sole discretion not
to include a photograph or video in an Advert. There will be no deduction in
the Charges if photographs or videos are not included in an Advert. The Buy and
Sell Group Ltd shall not be liable if the quality and/or colour of any
photograph published in an Advert is not acceptable to the Advertiser.
The Buy and Sell Group Ltd may receive the Advert Data via such means as
specified by The Buy and Sell Group Ltd from time to time. However, the
Advertiser shall submit the Advert Data at its own risk and The Buy and Sell
Group Ltd shall not be liable or responsible for non-receipt or corruption of
the Advert Data sent by the Advertiser and/or arising out of any third-party
data feed stock errors.
Where the Advert Data is sent by means other than Portal, The Buy and
Sell Group Ltd shall not be liable for
the compatibility of third-party systems with those of The Buy and Sell
Group Ltd; and/or
failure by The Buy and Sell Group Ltd to upload the Advert Data to the The
Buy and Sell Group Ltd Platforms at the same frequency as would occur if the
Advert Data was supplied by the Advertiser via Portal.
The Advertiser is prohibited from supplying (as part of the Advert Data)
any contact details, including but not limited to, any telephone numbers or
e-mail addresses, website addresses or URLs in additional data fields. Failure
to comply with this rule may, at The Buy and Sell Group Ltd’s sole discretion,
result in the removal of all the Advertiser’s Adverts.
The Advertiser shall ensure that all hyperlinks included as part of the
Advert Data link directly through to the page on the Advertiser’s website
displaying the exact vehicle identified in the Advert. Failure to provide
direct and correct links may, at The Buy and Sell Group Ltd ’s sole discretion,
result in the removal of all the Advertiser’s Adverts.
The Buy and Sell Group Ltd shall provide additional technical
specification details for Adverts which shall solely consist of details that The
Buy and Sell Group Ltd can obtain from its current supplier’s dataset. The
Advertiser acknowledges that the technical specification will be for the most
recent model of the vehicle in question and will not be the technical
specification for the exact vehicle in question. Such details will only be
provided by The Buy and Sell Group Ltd upon provision by the Advertiser of a
valid registration number for the vehicle in question (where such registration
number exists). The provision of a valid registration number is the
Advertiser’s sole responsibility. It is the Advertiser’s responsibility to
ensure any inaccuracies in the technical specification are corrected in the
Advert and at the point of sale of the vehicle.
Where an Advertiser submits Advert Data relating to a new unregistered
vehicle to be published on The Buy and Sell Group Ltd Platforms and such Advert
Data does not feature a vehicle image, The Buy and Sell Group Ltd shall
automatically populate the relevant Advert with Manufacturer Images where
Manufacturer Images are available for such vehicle, and the Advertiser hereby
consents to the inclusion of such Manufacturer Images in such circumstances.
The Manufacturer Images will be included by The Buy and Sell Group Ltd where such Manufacturer Images match the
information provided by the Advertiser as part of the Advert Data, in
particular, vehicle make, model, body style, doors and trim information. In
respect of such automatic incorporation of Manufacturer Images in an Advert,
the Advertiser undertakes and agrees that:
the new vehicle information provided as part of the Advert Data is
complete and accurate in all respects;
it is solely responsible for checking the Manufacturer Images following
inclusion in the Advert to ensure that they closely represent the vehicle being
sold by the Advertiser in the Advert and are not misleading in any manner;
it shall notify The Buy and Sell Group Ltd immediately if the
Manufacturer Images do not closely represent the vehicle being sold by the
Advertiser in the Advert and/or are misleading in any manner, and The Buy and
Sell Group Ltd shall be permitted to remove such Manufacturer Images in such
circumstances;
the Advertiser has no rights in the Manufacturer Images and cannot use
such Manufacturer Images for any purpose other than is expressly set out in
this Clause 4.10 or Clause 4.12 below; and
The Buy and Sell Group Ltd shall be permitted to immediately remove
Manufacturer Images from any Advert without notice and without reason.
In the event that the Advertiser does not consent to the inclusion of
Manufacturer Images in an Advert pursuant to these Conditions, it shall notify The
Buy and Sell Group Ltd accordingly and The Buy and Sell Group Ltd shall remove
the Manufacturer Images from the Advertiser’s Advert(s) within a reasonable
period of time.
If The Buy and Sell Group Ltd, in its sole discretion, allows the
Advertiser to use the Manufacturer Images referred at Clause 4.10 in vehicle
advertisements on the Advertiser’s own website, the Advertiser agrees that:
it shall only be permitted to use such Manufacturer Images on the
Advertiser’s own website in accordance with The Buy and Sell Group Ltd’s
reasonable instructions and conditions, and it shall not be able to disclose
such Manufacturer Images to any third party or use such Manufacturer Images for
any other purpose;
it shall immediately remove all Manufacturer Images from its website
upon notification by The Buy and Sell Group Ltd;
no warranties are given by The Buy and Sell Group Ltd to the Advertiser
in respect of the Manufacturer Images (including in respect of any third-party
rights in such Manufacturer Images) and the Advertiser’s use of the
Manufacturer Images shall be at the Advertiser’s sole risk; and
the Advertiser shall be responsible for any loss suffered by The Buy and
Sell Group Ltd as a result of the Advertiser’s use of the Manufacturer Images
in accordance with this clause.
The Buy and Sell Group Ltd may refuse to publish an Advert and/or, edit
or require an Advert to be amended so as: (i) to comply with legal or moral
obligations placed on either party; (ii) to avoid infringing third party
rights, the British Code of Advertising Practice and all other codes under the
general supervision of the Advertising Standards Authority and/or any relevant
regulations or legislation; (iii) to respond to any complaints; (iv) to correct
typographical errors or technical inaccuracies that may appear from time to
time; and/or (v) for any other technical and/or quality reasons.
The Advertiser shall not be permitted to place more than one
Advertisement for any one vehicle on The Buy and Sell Group Ltd Platforms and The
Buy and Sell Group Ltd shall be entitled to remove any Advertisements that
duplicate other existing Advertisements on The Buy and Sell Group Ltd Platforms,
at its sole discretion. An Advertisement will be deemed to be a duplication if
the make, model, derivative, trim and price of the vehicle advertised on The
Buy and Sell Group Ltd Platforms are all identical to those of another vehicle
advertised on The Buy and Sell Group Ltd Platforms.
Each Advert may only feature a single vehicle and referring to more than
one vehicle in any Advert is not permitted. The content of an Advert must only
relate to the vehicle being advertised and should not refer to other products
and services offered by the Advertiser. The provision of information in an
Advert relating to vehicles, products and/or services other than the single
vehicle being advertised shall be deemed by The Buy and Sell Group Ltd to be
misleading information.
The Buy and Sell Group Ltd may, at its sole discretion, immediately
remove any or all Adverts submitted by the Advertiser from The Buy and Sell
Group Ltd Platforms, where:
the Advertiser fails to comply, or The Buy and Sell Group Ltd reasonably
suspects the Advertiser has failed to comply, with the Advertising Guidelines,
the Content Standards and/or any of these Conditions;
the Adverts contain, or The Buy and Sell Group Ltd reasonably suspects
the Advert contains, misleading information;
any Product(s) (including, for the avoidance of doubt, any Advertisement
enhancement features and/or functionality of the The Buy and Sell Group Ltd Platform)
which is applied to the Advertiser’s Adverts has been used by the Advertiser to
present misleading information on any Advert; and/or
any competent law enforcement or compliance authority instructs, advises
or makes a recommendation to The Buy and Sell Group Ltd to take down any of the
Advertiser’s content and/or suspend the delivery of any of the Products to the
Advertiser.
The Buy and Sell Group Ltd will use reasonable endeavours to publish
Adverts within 24 hours of an Advertiser submitting the Advert Data, although
there may be reasons that delay the publication of the Adverts (e.g. additional
checking). Publication of Adverts on bank holidays or any other public holiday
may take longer.
The Advertiser agrees that The Buy and Sell Group Ltd may reproduce and
publish (or permit the same) all or any part of any Adverts or any analysis
derived from those Adverts (including without limitation the reproduction and
publication of copy, artwork, videos and photographs and other materials) and
to include and/or share them on The Buy and Sell Group Ltd Platforms and/or
within other The Buy and Sell Group Ltd products.
Where an Advertiser gives its prior permission, The Buy and Sell Group
Ltd may reproduce and publish (or permit the same) all or any part of any
Adverts (including, without limitation, any copy, artwork, videos, photographs
and other materials) to include and/or share them on the Partner Websites. The
Advertiser will specify in advance which Partner Websites its Adverts can
appear on.
The Buy and Sell Group Ltd does not guarantee that an Advert will appear
on any or a specific number of Partner Websites. The Buy and Sell Group Ltd may
at its sole discretion vary the Partner Websites on which an Advert appears
from time to time (within the list of Partner Websites that have been approved
in advance by the Advertiser).
5. RANKING
When a visitor to The Buy and Sell Group Ltd Platform searches for a
vehicle, the Adverts that are returned on the search results page are
automatically ranked according to Advert quality, relevance to the visitor’s
search parameters and the visitor’s behaviours on The Buy and Sell Group Ltd Platforms.
The exception to this is where an Advertiser pays additional fees to ensure
that their Adverts rank more prominently in search results, which may include
the purchase of a sponsored search position, which enables Advertisers to
display Adverts in a fixed position on the search results pages).
6. ADVERTISER’S
OBLIGATIONS AND WARRANTIES
The Advertiser warrants that it shall not:
upload information to Portal or The Buy and Sell Group Ltd Platforms
relating to any business except its own and shall not otherwise use Portal, the
The Buy and Sell Group Ltd Platforms or
any Product for any business other than its own;
access any unauthorised areas of The Buy and Sell Group Ltd Platforms or
Portal;
reverse engineer, decompile, disassemble or modify the whole or any part
of any software (nor attempt to do any of the same) used by the Advertiser in
relation to Portal and/or The Buy and Sell Group Ltd Platforms (except to the
extent permitted by law). The Advertiser shall not use software to access
Portal and The Buy and Sell Group Ltd Platforms without The Buy and Sell Group
Ltd’s permission and/or use software that will corrupt Portal and/or The Buy
and Sell Group Ltd Platforms in any way;
copy, reproduce, redistribute, download, republish, transmit, display,
adapt, alter, create derivative works from or otherwise extract or re-utilise
any of the contents of The Buy and Sell Group Ltd Platforms, including taking
screenshots of The Buy and Sell Group Ltd Platforms, scraping or caching any of
the contents for access by third parties, nor mirror or frame any of the
content of The Buy and Sell Group Ltd Platforms nor incorporate it into another
website without The Buy and Sell Group Ltd’s express written permission; and/or
upload files to The Buy and Sell Group Ltd Platforms that contain a
virus and/or corrupted data and/or development code or scripts.
The Advertiser shall keep safe and confidential all passwords, security
identification and/or encryption details relating to Portal and/or The Buy and
Sell Group Ltd Platforms and will follow all security instructions issued by The
Buy and Sell Group Ltd from time to time. The Advertiser will promptly update
their password details and notify The Buy and Sell Group Ltd if it believes
that any password and/or other security information has been disclosed or is
otherwise at risk. The Advertiser is responsible for the security of its
account and shall notify The Buy and Sell Group Ltd of any authorised users and
any changes to such users.
The Advertiser will treat as confidential all information contained in
or concerning The Buy and Sell Group Ltd Platforms, Portal, any Products, AT
Analytics Data and Valuation Data. The Advertiser will not disclose such
information to any third party, except to the extent that:
it is required to do so by a court or other competent authority (and
such notice of disclosure shall be given to The Buy and Sell Group Ltd, where
permitted); or
the information is already, or becomes, public knowledge except by way
of any breach of confidence.
No warranty is given by The Buy and Sell Group Ltd Platforms, The Buy
and Sell Group Ltd are free from computer viruses or any other malicious or
impairing computer programs. The Advertiser shall report to The Buy and Sell
Group Ltd any suspected faults to Portal and/or The Buy and Sell Group Ltd Platforms
promptly after such suspected faults come to the Advertiser’s attention. The
Buy and Sell Group Ltd will use all reasonable endeavours to remedy faults or
errors on The Buy and Sell Group Ltd Platforms. The Advertiser acknowledges and
accepts that once a fault or error has been reported to The Buy and Sell Group
Ltd it may take up to 48 hours for The Buy and Sell Group Ltd to investigate
and rectify the problem.
The Advertiser shall be solely responsible for obtaining, operating and
maintaining all necessary computer hardware, software, modems and
telecommunications links which it requires to access and use Portal (where
relevant) and The Buy and Sell Group Ltd Platforms.
The Advertiser agrees that any questions and complaints regarding the
vehicles offered for sale by the Advertiser on The Buy and Sell Group Ltd Platforms
are the sole responsibility of the Advertiser.
7. The
Advertiser warrants that:
it is a motor/vehicle dealer advertising on The Buy and Sell Group Ltd Platforms
on its own behalf (except where, at The Buy and Sell Group Ltd’s complete
discretion, The Buy and Sell Group Ltd allows an advertising agency to act on
behalf of a motor/vehicle dealer(s) for
the purposes of the Advertising Agreement, pursuant to a separate contract
between The Buy and Sell Group Ltd and the advertising agency). For the
avoidance of any doubt, except for the circumstances referred to in this
clause, motor/vehicle dealers are not permitted to advertise on The Buy and
Sell Group Ltd Platform on behalf of any third party. The Buy and Sell Group
Ltd reserves the right to carry out checks in respect of the Advert Data and/or
the Advertiser and Stock Information to ensure compliance with this clause
6.7.1, including (without limitation) carrying out checks to identify whether
any vehicle being advertised on The Buy and Sell Group Ltd Platforms is owned, or being advertised elsewhere,
by a third party dealer;
it has (or, in the case of an advertising agency referred to in clause
6.7.1, the relevant motor dealer it is acting on behalf of has) the right to
offer for sale any vehicle advertised by it on The Buy and Sell Group Ltd Platforms;
where the Advertiser is an advertising agency as referred to in clause
6.7.1, it is authorised to place the Advert on The Buy and Sell Group Ltd Platform;
it will immediately inform The Buy and Sell Group Ltd if its legal or
organisational status changes at any time during the term of the Advertising
Agreement (for example, from a limited liability company to a sole trader or
vice versa; or from a franchise to an independent or vice versa), as this may
have an impact on which stock offers the Advertiser is eligible for;
it will only use Portal and The Buy and Sell Group Ltd Platforms in
accordance with these Conditions and the Business Rules and shall only supply
Advert Data and Advertiser and Stock Information which complies in all respects
with these Conditions and the Business Rules;
all Advert Data is complete, accurate, legal, non-defamatory, decent,
honest and truthful and comply with the British Code of Advertising Practice,
all other relevant codes under the general supervision of the Advertising
Standards Authority and all current relevant legislation and the Advertising
Guidelines;
all Advert Data shall comply with the Content Standards;
it has and shall maintain all necessary licences, permissions and
consents which may be required in order to share the Advert Data with The Buy
and Sell Group Ltd, and for such Advert Data to be used and published by The
Buy and Sell Group Ltd, for the purposes of and in accordance with the
Advertising Agreement;
it shall comply with all current legislation, advertising codes and any
other regulatory requirements, including without limitation the Consumer Rights
Act 2015, Consumer Protection from Unfair Trading Regulations (in particular,
with regard to the misrepresentation of the specification, history or previous
usage of a vehicle) 2008 and The UK Code of Non-Broadcast Advertising, Sales
Promotion and Direct Marketing and the Financial Conduct Authority’s Consumer
Credit Sourcebook;
the reproduction and/or publication of any Advert and its content
(including but not limited to any Advert Data contained in the Advert) by The
Buy and Sell Group Ltd and/or the use of the Advertiser’s logo and trade marks
on the The Buy and Sell Group Ltd Platforms will not: breach any contract;
infringe any third party Intellectual Property Rights; render The Buy and Sell
Group Ltd liable to any proceedings whatsoever; and/or harm or detriment the
reputation of The Buy and Sell Group Ltd ; and
the Advert will not contain any copy photographs or videos by which any
living person is or can be identified.
8. PAYMENT AND
CHARGES
The Advertiser shall pay to The Buy and Sell Group Ltd the Charges on or
before the agreed due date, which shall be 30 days from the date of invoice
unless notified otherwise (and subject to Clause 11.4 below). Time for payment
is of the essence.
Invoices detailing the Charges will be issued via email, to the email
address which the Advertiser has provided to The Buy and Sell Group Ltd in the
process of entering into an Advertising Agreement with The Buy and Sell Group
Ltd, on or around the 1st day of every month. The Advertiser shall ensure that
it provides an appropriate and accurate email address for receiving such
invoices and that such email mailbox is regularly monitored. The Advertiser
shall notify The Buy and Sell Group Ltd promptly of any change to this email
address. Advertisers who have had a continuing Advertising Agreement with The
Buy and Sell Group Ltd from before 1st January 2021 may opt-out of email
invoices and in such case invoices detailing the Charges will be issued via
post to the postal address which the Advertiser has provided to The Buy and
Sell Group Ltd in the process of entering into an Advertising Agreement with The
Buy and Sell Group Ltd, on or around the 1st day of every month. If the
Advertiser has not received any invoice from The Buy and Sell Group Ltd by the
4th day of any month, the Advertiser must notify The Buy and Sell Group Ltd on
or before the 8th day of such month so that a replacement invoice can be sent
to the Advertiser. If the Advertiser fails to notify The Buy and Sell Group Ltd
of non-receipt of an invoice within this time period, the invoice shall be
deemed received and payment of such invoice shall be due in full in accordance
with Clause 7.1. (and The Buy and Sell Group Ltd shall be entitled to all
rights and remedies set out in this Clause 7, in particular the rights and
remedies detailed in Clause 7.10). It is the Advertiser’s responsibility to
notify The Buy and Sell Group Ltd in the event that any monthly invoice is not
received. For the avoidance of doubt, non-receipt of an invoice shall not
release the Advertiser from any payment obligations pursuant to these
Conditions
The Charges are exclusive of VAT which shall be payable by the
Advertiser in addition.
Where the Advertiser elects for Stock Export, the Advertiser will pay
the relevant Charges direct to The Buy and Sell Group Ltd unless stated
otherwise by The Buy and Sell Group Ltd. Where the Advertiser is required by The
Buy and Sell Group Ltd to pay the relevant Charges to the third party on whose
website the Advert Data is to be published, that third party shall be required
to collect and remit those charges to The Buy and Sell Group Ltd.
The Advertiser shall pay all sums due to The Buy and Sell Group Ltd under
the Advertising Agreement without any set-off, deduction, counterclaim and/or
other withholding of monies. The existence of a query on an individual item in
an account shall not affect the due date of payment of the remaining balance in
an account.
If the Advertiser fails to make full payment by the due date, then all
monies owing by the Advertiser to The Buy and Sell Group Ltd shall immediately
become due and payable. Payment terms may vary if payment is made by Direct
Debit and agreed in writing by The Buy and Sell Group Ltd. Any discount, which
is extended to an Advertiser who pays the Charges by Direct Debit, is at the
sole discretion of The Buy and Sell Group Ltd and may be withdrawn by The Buy
and Sell Group Ltd at any time and for any reason.
In the event the Direct Debit mandate is cancelled by the Advertiser or
the Advertiser’s bank, The Buy and Sell Group Ltd reserves the right to suspend
all Products immediately. If the mandate is not reinstated and payment of all
outstanding amounts has not been made within 7 days of the cancellation, The
Buy and Sell Group Ltd may continue to suspend the Products or terminate the
Advertising Agreement immediately without notice. The Buy and Sell Group Ltd reserves
the right to charge an administration fee, each month, for payments not made by
Direct Debit.
If the Direct Debit mandate is cancelled by the Advertiser or the
Advertiser’s bank on two or more occasions in a six month period and/or is
repeatedly cancelled, The Buy and Sell Group Ltd shall be entitled to reduce
the credit terms and all monies owing by the Advertiser to The Buy and Sell
Group Ltd shall be due and payable on the date of invoice. In such
circumstances a payment card will be required to be stored against the account
and payment will be automatically charged.
The Buy and Sell Group Ltd shall be entitled to take a 4-week
pre-payment from the Advertiser as security against future Charges payable.
Where The Buy and Sell Group Ltd takes a pre-payment, The Buy and Sell Group
Ltd shall be entitled to retain this for the period specified to the Advertiser
during the onboarding process or until valid termination of the Advertising
Agreement and payment of all outstanding sums due to The Buy and Sell Group Ltd
(whichever is the earlier). The pre-payment shall not be used to discharge any
Charges due by the Advertiser in respect of Products unless expressly detailed
by The Buy and Sell Group Ltd in writing. The Advertiser shall be liable to pay
all Charges to The Buy and Sell Group Ltd in accordance with Clause 7.1 above.
Should the Advertiser opt to cancel the Advertising Agreement, the Advertiser
will be obliged to pay an administration fee (as determined by The Buy and Sell
Group Ltd) in addition to a further 4-week pre-payment in order to reactivate
the Products at a future date.
When a sum owing has not been received in full by The Buy and Sell Group
Ltd within 30 days from the date of invoice, or within specified terms of
contract, The Buy and Sell Group Ltd shall be entitled (without prejudice to any
other right or remedy it may have) to:
charge the Advertiser interest on any unpaid sums (both before and after
judgment) at the current statutory rate set out in the Late Payment of
Commercial Debts (Interest) Act 1998 and related secondary legislation as
amended or re-enacted from time to time; and
suspend all products and services (including without limitation the
Products) provided to the Advertiser pursuant to any agreement with The Buy and
Sell Group Ltd (or any part of them) until payment has been received in full
(including any interest payable pursuant to Clause 7.10.1 above).
If the Advertiser genuinely disputes an invoice, the Advertiser must
notify The Buy and Sell Group Ltd within 7 days of the date of invoice. If the
Advertiser fails to notify The Buy and Sell Group Ltd within this time period,
payment in full shall be due and The Buy and Sell Group Ltd shall have the
rights and remedies set out in Clause 7.10 above.
Unless The Buy and Sell Group Ltd authorises payment to be made by
Direct Debit, payment must be sent to the address on the invoice and any
payment sent by post shall be at the Advertiser’s sole risk. All cheques must
be payable to The Buy and Sell Group Ltd unless notified otherwise. The Buy and
Sell Group Ltd reserves the right to decide the amount of any credit extended
to the Advertiser in its sole discretion and The Buy and Sell Group Ltd shall
be entitled to withdraw credit facilities from the Advertiser at any time
without reason.
If the Advertiser exceeds the stock levels or otherwise exceeds the
volume of content agreed in the Advertising Agreement, The Buy and Sell Group
Ltd shall be entitled to recalculate the Charges due by the Advertiser in
respect of such Advertising Agreement and any additional charges shall be
payable by the Advertiser immediately.
The Buy and Sell Group Ltd will under no circumstances be liable to
refund all or any part of the Charges (including but not limited to any
pre-payment) in the event of the suspension of any Products and/or cancellation
or termination of the Advertising Agreement (for any reason).
The Buy and Sell Group Ltd shall have the right to change the Charges at
any time and for any reason on not less than 15 days’ written notice
(including, without limitation, by email) to the Advertiser, after which the
amended Charges shall apply.
9. INTELLECTUAL
PROPERTY RIGHTS
The Advertiser grants The Buy and Sell Group Ltd a non-exclusive,
irrevocable, perpetual, worldwide and royalty free licence to: -
use, process, analyse, publish, reproduce and share the Advert Data and
the Advertiser and Stock Information (including all trademarks, names or logos
of the Advertiser that are included in the Advert Data and Advertiser and Stock
Information) in order to create and publish the Adverts on the The Buy and Sell
Group Ltd Platforms and otherwise for the purposes of and in accordance with
the Advertising Agreement; and
use and reproduce the Advert Data and the Stock Information for the
purpose of creating AT Analytics Data, and to the extent that any original
Advert Data and/or Stock Information forms part of the AT Analytics Data and
Valuation Data, to use and reproduce such Advert Data and Stock Information the
purposes set out in Clause 9 below.
The Advertiser acknowledges and agrees that The Buy and Sell Group Ltd (and/or
its licensors, as appropriate) owns all Intellectual Property Rights existing
in: (i) all trademarks, names or logos of The Buy and Sell Group Ltd (including
without limitation the trade mark “The Buy and Sell Group Ltd”); (ii) The Buy
and Sell Group Ltd Platforms (including the content, the Adverts and The Buy
and Sell Group Ltd’s database of vehicles); (iii) the Supplemental Information
(including to the extent it forms a component part of any Stock Information and
corresponding Advert Data amended in accordance with these Conditions); and
(iv) the AT Analytics Data and Valuation Data (with the exception of any
original Advert Data or Stock Information that forms part of the AT Analytics Data
and Valuation Data, which is licensed to The Buy and Sell Group Ltd under
Clause 8.1.2 above), together with all goodwill arising out of or in connection
with the above. Nothing in the Advertising Agreement confers on the Advertiser
any licence or right to use the same except as expressly set out in the
Advertising Agreement.
The Advertiser agrees that it will give all necessary assistance to The
Buy and Sell Group Ltd and complete all acts as may reasonably be required by The
Buy and Sell Group Ltd to enable it to protect and enforce its Intellectual
Property Rights and those of its licensees against third parties.
10. USE OF AND
ACCESS TO DATA
The Advert Data which is submitted by an Advertiser for inclusion into
an Advert or otherwise in accordance with the Advertisement Agreement are
accessible by the Advertiser (to be amended or updated) in Portal during the
term of the Advertising Agreement.
The Buy and Sell Group Ltd may share Advert Data and/or analysis derived
from Adverts that relates to and identifies an individual Advertiser with third
parties (e.g. Partner Websites, vehicle manufacturers and brands and/or lead
aggregators), but only where the Advertiser has opted-in to this.
All Advert Data and Stock Information and any analysis derived from such
is automatically used by The Buy and Sell Group Ltd to create AT Analytics Data (which is used for
a wide range of purposes by The Buy and Sell Group Ltd including the generation of valuations and
other metrics data) which is kept indefinitely (and Advertisers cannot opt-out
of this use). To the extent the AT Analytics Data includes original Advert Data
and/or Stock Information, The Buy and Sell Group Ltd uses the original Advert
Data and/or Stock Information to provide Advertisers (via Portal, email or otherwise),
during the term of their Advertising Agreement, with analysis and insight into
the performance of their Adverts and the marketplace (through the elements of
AT Analytics Data and Valuation Data which are provided by The Buy and Sell
Group Ltd as part of the Advertiser’s Package). The Buy and Sell Group Ltd also
uses the original Advert Data and/or Stock Information which forms part of the
AT Analytics Data to: (i) develop and exploit other The Buy and Sell Group Ltd products;
and (ii) share metrics data (which doesn’t identify an individual Advertiser)
with third parties such as insurers, manufacturers and brands.
Without prejudice to the generality of the foregoing, The Buy and Sell
Group Ltd has a partnership with Experian Limited which allows a potential
buyer to purchase a vehicle history check on a vehicle featured in an Advert.
To enable this, there is a link made available on each Advert which, when
clicked on, transfers the potential buyer to a website hosted by Experian
Limited where the vehicle history check can be ordered. To facilitate this
process, The Buy and Sell Group Ltd will automatically disclose the vehicle
registration mark (as provided by the Advertiser to The Buy and Sell Group Ltd)
to Experian Limited to enable Experian Limited to provide a vehicle history
check for the advertised vehicle to any potential buyer who orders one through
this process. The Buy and Sell Group Ltd does not directly disclose the vehicle
registration mark to any potential buyer (except to the extent it features in
any material submitted by the Advertiser as part of the Advert). However, if a
potential buyer purchases a vehicle history check from Experian Limited having
clicked on the link in an Advert in accordance with the above, the vehicle
registration mark will be made available to such potential buyer by Experian
Limited as part of the vehicle history check report.
11. DATA
PROTECTION
The Advertiser and The Buy and Sell Group Ltd warrants to the other that
it shall comply with the Data Protection Laws; in so far as the Advertising
Agreement relates to or involves the processing of Personal Data.
The Advertiser acknowledges and agrees that in entering the Advertising
Agreement, the Advertiser will provide The Buy and Sell Group Ltd with and The Buy and Sell Group Ltd may collect and otherwise process certain
Personal Data relating to the Advertiser and/or its employees, consultants,
contractors and/or customers and/or any users of Portal. To the extent that The
Buy and Sell Group Ltd processes such
Personal Data as a controller, this Personal Data will be processed in
accordance with The Buy and Sell Group Ltd ’s Privacy Policy and may be used
for a number of purposes (as further detailed therein) including without
limitation processing the Advertiser’s order and providing the Products to the
Advertiser; carrying out customer and market research; dealing with requests
and enquiries; maintaining records; sending the Advertiser information on
products The Buy and Sell Group Ltd thinks may be of interest to the Advertiser;
the creation and provision of the AT Analytics Data; the creation and provision
of the Valuation Data; fraud prevention purposes including money laundering;
assisting with police investigations and/or enquiries; and/or complying with
statutory and regulatory obligations. For more information, visit Privacy
Policy. The Advertiser is responsible for bringing the Privacy Policy to the
attention of the Advertiser’s employees, consultants, contractors and/or
customers, where The Buy and Sell Group Ltd may be processing their Personal Data.
The Buy and Sell Group Ltd may disclose any information that it collects
to other companies within its group, to third parties whose products and/or
services The Buy and Sell Group Ltd think may be of interest to the Advertiser, to
credit reference agencies, finance companies, fraud prevention agencies, the
police, the Financial Conduct Authority and/or any other regulatory
authorities. The Advertiser acknowledges and agrees that in entering the Advertising
Agreement, The Buy and Sell Group Ltd may carry out credit reference checks on the
Advertiser and/or any individual employed or otherwise engaged by the
Advertiser. The Buy and Sell Group Ltd reserves the right, at its sole discretion, to
refuse to provide any products or services to the Advertiser, including without
limitation any Products, if in The Buy and Sell Group Ltd ’s sole opinion any
credit reference results are unsatisfactory.
To the extent that The Buy and Sell Group Ltd (or its sub-contractor) will be required to
process Personal Data acting as a data processor on the Advertiser’s behalf, in
connection with the provision of The Buy and Sell Group Ltd products or
services to the Advertiser, the Data Processing Terms shall apply and be
incorporated into the Advertising Agreement. This will apply to, for example
(but without limitation), the Advertiser’s use of AT Calls and/or Sales
Insight.
12. CANCELLATION AND TERMINATION
The Advertising Agreement shall continue in force unless or until
terminated by either party in accordance with these Conditions.
Subject to Clause 11.3 and Clause 11.4 below, the Advertiser shall be
entitled to terminate the Advertising Agreement, downgrade the Package or
cancel all or any Additional Products by giving notice in accordance with this
Clause 11.2. The Advertiser should telephone The Buy and Sell Group Ltd on 08000
622 141to inform them of its intentions. If, having made such phone call to The
Buy and Sell Group Ltd, the Advertiser continues to want to terminate the
Advertising Agreement, downgrade the Package or cancel all or any of the
Additional Products the Advertiser shall give not less than 30 days’ notice by
either by email to [email protected] or otherwise in writing to The
Buy and Sell Group Ltd, 7 Bell Yard, London, WC2A 2JR. Any notice must state
the Advertiser’s account number and the exact Products being terminated (where
applicable). It is a condition of the Advertising Agreement that any attempt to
terminate the Advertising Agreement verbally shall be ineffective.
The Advertiser is solely responsible for ensuring that The Buy and Sell
Group Ltd r receives any notice of cancellation or termination or any other
items sent to The Buy and Sell Group Ltd in connection with this Advertising Agreement.
Receipt by The Buy and Sell Group Ltd will only be confirmed when The Buy and
Sell Group Ltd sends written
confirmation to the Advertiser.
Upon receiving confirmation of an Advertiser’s intended termination of
its Advertising Agreement pursuant to Clause 11.2 above, The Buy and Sell Group
Ltd reserves the right to issue a final invoice to the Advertiser for all
outstanding amounts pursuant to the Advertising Agreement within 2 working days
of the date such termination becomes effective (which shall be 30 days
following the Advertiser’s notice to terminate pursuant to Clause 11.2 above).
Notwithstanding Clause 7.1 above, such invoice shall be immediately due and
payable on the date of such invoice.
In the event the Advertiser breaches payment terms and/or where the
Advertiser has chosen a pre-payment option and the pre-paid funds are
insufficient to cover the Advertiser’s accrued sum of Charges, The Buy and Sell
Group Ltd shall be entitled to serve a formal Notice of Termination of the
account in writing (including, without limitation, by email), allowing the
Advertiser 7 days to remedy any such breach and/or deficient funds. This is
without prejudice to any other rights available to The Buy and Sell Group Ltd.
The Buy and Sell Group Ltd shall be entitled at its sole discretion to
terminate the Advertising Agreement in its entirety on giving at least 30 days’
notice to the Advertiser, along with a statement of reasons for its decision to
terminate, by email or other durable medium (except in the limited
circumstances set out in Clause 11.7) where:
the Advertiser breaches the terms of the Advertising Agreement (and, if
the breach is capable of remedy, has not remedied the breach within 30 days of
receiving notice requiring the breach to be remedied);
the Advertiser repeatedly breaches any one or more terms of the
Advertising Agreement;
the Advertiser is in breach of any other agreement with The Buy and Sell
Group Ltd and/or is in legal proceedings
with The Buy and Sell Group Ltd in
respect of any other agreement;
the Advertiser ceases, or threatens to cease, to carry on its business;
the Advertiser is or is deemed to be unable to pay its debts as they
fall due or is insolvent, suspends making payments on any debts or announces an
intention to do so, is declared bankrupt, convenes a meeting of its creditors
or if a proposal shall be made for a voluntary arrangement or for any other
composition, scheme or arrangement with (or assignment for the benefit of) its
creditors or a receiver, administrator, administrative receiver, trustee or
other similar officer is appointed over any of its property or assets or a
meeting is convened for the purpose of considering a resolution or other steps
are taken for winding up the Advertiser (whether by the presentation of a
winding up petition or otherwise or for the making of an administration order
(other than for the purposes of solvent amalgamation or reconstruction) or any
similar action or steps are taken in any jurisdiction in relation to any of the
above;
the Advertiser is refused credit by The Buy and Sell Group Ltd and/or another company within the The Buy and
Sell Group Ltd Group;
The Buy and Sell Group Ltd is subject to a legal or regulatory
obligation which requires it to terminate the provision of the whole of its
services to the Advertiser;
The Buy and Sell Group Ltd receives persistent complaints about Adverts
placed by the Advertiser and/or regarding the Advertiser’s business practices;
the Advertiser commits a criminal offence (other than a road traffic
offence that does not carry a custodial sentence) and/or any offence which
involves fraud or dishonesty;
the Advertiser acts in a way which exposes The Buy and Sell Group Ltd and/or any users of the The Buy and Sell Group
Ltd Platforms to financial loss and/or
legal liabilities and/or in a way which The Buy and Sell Group Ltd reasonably believes may be detrimental to the
reputation and/or business of The Buy and Sell Group Ltd and/or any other
company in the The Buy and Sell Group Ltd ’s Group;
in the reasonable opinion of The Buy and Sell Group Ltd , the Advertiser
and/or its employees have been abusive to The Buy and Sell Group Ltd ’s staff
or The Buy and Sell Group Ltd receives a
complaint from a third party regarding the Advertiser’s conduct in the sale of
an advertised vehicle;
the Advertiser has provided false information, opened an account with The
Buy and Sell Group Ltd in another individual’s name or has otherwise acted
dishonestly in their dealings with The Buy and Sell Group Ltd ;
the Advertiser or someone associated with the Advertiser has used the
Products, the The Buy and Sell Group Ltd Platforms and/or Portal illegally or
fraudulently;
The Buy and Sell Group Ltd , in its reasonable opinion, deems the
Advertiser to be associated or otherwise connected with another The Buy and
Sell Group Ltd account which is
currently in breach of its payment terms pursuant to these Conditions; and/or
The Buy and Sell Group Ltd elects to terminate the Advertising Agreement
for any other reason, at The Buy and Sell Group Ltd ’s convenience.
On receipt of The Buy and Sell Group Ltd ’s notice
and statement of reasons in accordance with this clause, the Advertiser shall
have the opportunity to clarify the facts and circumstances via The Buy and
Sell Group Ltd ’s complaint process referred to in Clause 15.1 below.
The Buy and Sell Group Ltd shall not be required to give 30 days’ notice
or a statement of reasons for termination, as referred to in Clause 11.6 above,
where it: (i) is subject to a legal or regulatory obligation which requires it
to terminate the provision of the whole of its services to a given Advertiser
in a manner which does not allow it to respect that notice period; or (ii) can
demonstrate that the Advertiser concerned has repeatedly infringed these
Conditions or any applicable Business Rules, resulting in the termination of
the provision of the whole of the services in question.
The Buy and Sell Group Ltd shall be entitled at its sole discretion to
immediately restrict, suspend or terminate the provision of any Products, or
downgrade an Advertiser’s Package, on giving notice to the Advertiser, along
with a statement of reasons for its decision to restrict, suspend, terminate or
downgrade, prior to or at the time of the restriction, suspension, termination
or downgrade taking effect, by email or other durable medium. On receipt of The
Buy and Sell Group Ltd’s notice and statement of reasons, the Advertiser shall
have the opportunity to clarify the facts and circumstances via The Buy and
Sell Group Ltd’s complaint process referred to in Clause 15.1 below.
The Buy and Sell Group Ltd shall not be required to give a statement of
reasons for restricting, suspending or terminating the provision of any
Products, or downgrading an Advertiser’s Package, as referred to in Clause 11.8
above, where it: (i) is subject to a legal or regulatory obligation not to
provide the specific facts or circumstances or the reference to the applicable
ground or grounds; or (ii) can demonstrate that the Advertiser concerned has
repeatedly infringed these Conditions or any applicable Business Rules,
resulting in the termination of the provision of the whole of the services in
question.
Termination of the Advertising Agreement shall be without prejudice to
any rights accrued by The Buy and Sell Group Ltd prior to termination and the
Advertiser shall repay The Buy and Sell Group Ltd on a full indemnity basis for all costs and
expenses (including administration and legal costs) incurred by The Buy and
Sell Group Ltd if the Advertiser changes
address and fails to notify The Buy and Sell Group Ltd and/or in recovering any sums due to it under
the Advertising Agreement.
13. LIABILITY
AND INDEMNITY
The Buy and Sell Group Ltd shall
provide the Products with reasonable care and skill and in a professional and
timely manner. Any Adverts on the The Buy and Sell Group Ltd Platforms created by or on behalf of The Buy
and Sell Group Ltd , shall be designed materially in accordance with the Advert
Data. However, the Advertiser acknowledges and accepts that it is technically
impossible to provide the The Buy and Sell Group Ltd Platforms, Portal and the Products free of
faults, interruptions or errors and that The Buy and Sell Group Ltd does not undertake to do so. The Buy and Sell
Group Ltd shall have no responsibility
or liability arising out of or about any communications or network defects,
delays or failures (whether temporary or otherwise): (a) experienced by the
Advertiser or any third party while accessing any The Buy and Sell Group Ltd Platform and/or Portal; and/or (b) which
impact on any Product.
Where The Buy and Sell Group Ltd is transferring Advertiser information to any
third party about any Product, including but not limited to owners of the
Partner Websites, The Buy and Sell Group Ltd will use its reasonable endeavours to transfer
such information accurately and without corruption or errors. However, the
Advertiser acknowledges that it is technically impossible to guarantee
continuity of service or corruption-free or error-free transfer. The Buy and
Sell Group Ltd ’s sole liability about this clause is to liaise with the
relevant third party and to re- transfer the relevant information.
Any credits offered to the Advertiser in respect of faults in the
operation of the The Buy and Sell Group Ltd Platforms affecting the Products shall only be
payable by The Buy and Sell Group Ltd at
its sole discretion and in any event for a maximum period of four weeks unless
there is proven to be (to The Buy and Sell Group Ltd ’s reasonable
satisfaction) an ongoing fault.
From time to time, The Buy and Sell Group Ltd will need to carry out maintenance work on its
equipment and systems, and shall use its reasonable endeavours to ensure that,
in doing so, reasonable notice is given and minimum disruption to the The Buy
and Sell Group Ltd Platforms and/or
Portal is caused. However, the Advertiser acknowledges that The Buy and Sell
Group Ltd cannot guarantee that the The
Buy and Sell Group Ltd Platforms and/or
Portal will be continuously available. For the avoidance of doubts, no credits
shall be offered to the Advertiser in respect of interruptions to the The Buy
and Sell Group Ltd Platforms and/or
Portal arising as a result of maintenance work and/or due to circumstances
outside of The Buy and Sell Group Ltd ’s reasonable control.
The Advertiser acknowledges that where The Buy and Sell Group Ltd has transferred or otherwise transfers
information to and/or an Advert is placed on a third party website (including
without limitation a Partner Website) display of any such information and/or
Advert on the third party website is the responsibility of the relevant third
party and The Buy and Sell Group Ltd has
no responsibility for the acts and/or omissions of the third party in question
(including but not limited to any failure by the third party to place an Advert
on its website and/or any disruption to the third party website). The
Advertiser shall promptly notify The Buy and Sell Group Ltd if the agreement between the Advertiser and
any such third party is terminated whereupon The Buy and Sell Group Ltd shall be entitled to cease to transfer
information to such third party.
The Buy and Sell Group Ltd does
not monitor or control and shall not be responsible for the content of Adverts
or the Advertiser’s rights in or to the Advert Data. The Advertiser agrees that
such matters are its sole responsibility.
Adverts placed in Portal will automatically expire if no changes or
amendments are made to the Advert for a period 180 consecutive days.
Subject to Clause 12.9 below, The Buy and Sell Group Ltd shall not be liable to the Advertiser:
for any loss or damage suffered by the Advertiser arising out of or
about any total or partial failure to publish an Advert and/or for removing any
Advert Data from the The Buy and Sell Group Ltd Platforms and/or Portal;
for any loss or damage suffered by the Advertiser arising out of or
about a failure by the Advertiser to keep safe and confidential all passwords,
security identification and/or encryption details. The obligation to keep
details secure includes the requirement that the Advertiser only submits its
details to access the The Buy and Sell Group Ltd log in page that uses Extended Validation SSL;
in contract, tort (including without limitation negligence), statutory
duty or otherwise arising out of or about the Advertising Agreement for:
1.
consequential, indirect or special loss or damage;
or
2.
any loss of goodwill or reputation;
3.
loss of contracts, business and/or opportunity;
4.
loss of profits;
5.
loss of revenue or anticipated savings;
6.
business interruptions;
7.
loss of or corruption to data howsoever caused
(including caused as a result of e-crime attacks by third parties) and/or
8.
any economic and/or other similar losses;
and in each case such liability is excluded whether
it is foreseeable, known, foreseen or otherwise and whether such losses are
direct, indirect, consequential or otherwise;
for any loss or damage suffered by the Advertiser arising out of or
about the incorporation by The Buy and Sell Group Ltd of any Manufacturer Image pursuant to these
Conditions; and
unless a claim is brought by the Advertiser against The Buy and Sell
Group Ltd within 3 months of the date of
the cause, or first in the series of causes of related events, giving rise to
the claim.
Subject to Clause 12.10 below, the total aggregate liability of The Buy
and Sell Group Ltd in contract, tort
(including without limitation negligence), statutory duty or otherwise (unless
otherwise excluded), in respect of all claims arising under or in connection
with the Advertising Agreement shall not exceed 125% of the monthly charge paid
for the Package.
Nothing in the Advertising Agreement shall exclude or restrict any
liability The Buy and Sell Group Ltd may
have for death or personal injury caused by its negligence, for fraudulent
misrepresentation and/or for any other liability which it is not permitted to
exclude by law.
Any warranties, terms or conditions of any kind whether express or
implied, statutory or otherwise, including without limitation, implied terms of
satisfactory quality or fitness for purpose, are hereby expressly excluded
fully permitted by law.
The Advertiser shall indemnify and keep The Buy and Sell Group Ltd fully indemnified against all claims, costs,
proceedings, demands, losses, damages, expenses or liability whatsoever arising
out of or in connection with any breach of the Advertising Agreement by the
Advertiser, any third party complaints or claims brought against The Buy and
Sell Group Ltd in respect of any Stock
Information, Advert and/or Advert Data, any claim that the use by The Buy and
Sell Group Ltd of any Stock Information,
Advert and/or Advert Data infringes any third party Intellectual Property
Rights or other third party rights and/or any third party claim against The Buy
and Sell Group Ltd relating to the sale
or purported of a vehicle by the Advertiser including where the Advertiser has
failed to fulfil any offer accepted by it.
Without prejudice to the liability of the Advertiser to pay the relevant
Charges for any Advertising Agreement in full by the relevant due date, in the
event of any error, misprint or omission in an Advert, The Buy and Sell Group
Ltd may at its sole discretion, either
amend the relevant part of the Advert or refund or adjust the Charges. No
amendment, refund or adjustment to the Charges will be made where in The Buy
and Sell Group Ltd ’s sole opinion the error, misprint or omission does not
materially detract from the Advert or where it arises because of incorrect or
inadequate information provided by the Advertiser.
14. LINKING
The Buy and Sell Group Ltd has no
liability or responsibility of any kind for the accuracy or content of any
information or any other aspect of any third party website (including but not
limited to Partner Websites) and the inclusion of hypertext links to such
websites does not imply any endorsement of the material contained on such websites
or of the owners.
Hypertext links to the The Buy and Sell Group Ltd Website on non-consumer facing sites only may
be made without the need for The Buy and Sell Group Ltd ’s written consent,
provided there is no express or implied endorsement or sponsorship of the
Advertiser, its commercial entity or any other website by The Buy and Sell
Group Ltd . The Buy and Sell Group Ltd may at any time and for any reason require the
Advertiser to remove any hypertext links to the The Buy and Sell Group Ltd Website or the The Buy and Sell Group Ltd Platforms from any website controlled by the
Advertiser.
15. FORCE
MAJEURE
The Buy and Sell Group Ltd shall
not be liable to the Advertiser and/or be deemed to be in breach of the
Advertising Agreement by reason of any delay in performing and/or any failure
to perform its obligations under the Advertising Agreement if the delay and/or
failure is due to any cause beyond The Buy and Sell Group Ltd ’s reasonable
control (including but not limited to any act of God, epidemics or pandemics,
national or local lockdowns, lock out or other industrial action, governmental
action or restriction, war, terrorism, cyber-attack, fire, flood,
infrastructure failure, power failure, strike or civil commotion, interruptions
in electrical or telecommunications services or delays or failures of the
internet or other communications systems necessary for the provision of the
Products) and time for performance of that obligation shall be extended
accordingly.
16. COMPLAINTS
PROCESS AND MEDIATION
Any questions or complaints about these Conditions, the Advertising
Agreement or The Buy and Sell Group Ltd ’s Products should be sent to The Buy
and Sell Group Ltd ’s customer service team. Please see our Advertiser
Complaints Handling Policy for further information. The Buy and Sell Group Ltd will publish information on the functioning
and effectiveness of its complaint handling process annually.
Mediation is a procedure in which two or more parties discuss their
disputes with the assistance of a trained impartial third person(s) who assists
them to reach settlement, without having to go to court. If any disputes are
not resolved by means of The Buy and Sell Group Ltd ’s internal
complaint-handling system (referred to in Clause 15.1 above), The Buy and Sell
Group Ltd will provide the Advertiser
will the names of at least two mediators that The Buy and Sell Group Ltd is willing to engage with in order to attempt
to settle the dispute.
17. TRADE
ADVERTS
It is the responsibility of the Advertiser to make it clear in any
Advert and on its website, that the Advertiser is not a private seller and is
selling goods in the course of a business in compliance with the Consumer
Protection from Unfair Trading Practices Regulations 2008 and the Consumer Rights
Act 2015. Failure to comply is an offence for which the Advertiser may be
prosecuted.
The Advertiser is not permitted to place any Adverts as private adverts
and/or otherwise pass itself off as a private seller. The Buy and Sell Group
Ltd may at its sole discretion remove
any Advert that has been placed as private by an Advertiser who The Buy and
Sell Group Ltd reasonably believes is
selling a vehicle in the course of a business. In such circumstances, the
Advertiser will not be entitled to any refund for the Advert in question and
may be charged an administration fee by The Buy and Sell Group Ltd.
18. GENERAL
The Advertising Agreement contains the entire agreement and
understanding between the parties and supersedes all prior agreements,
arrangements, statements and understandings between the parties relating to the
subject matter of the Advertising Agreement. Each party acknowledges that it
has not entered the Advertising Agreement in reliance upon any representation
not expressly set out in the Advertising Agreement and neither party shall be
liable in respect of any representation made prior to and not contained in the
Advertising Agreement. Nothing in these Conditions shall exclude or limit The
Buy and Sell Group Ltd’s liability for fraudulent misrepresentation.
The Advertising Agreement is personal to the Advertiser, and the
Advertiser may not assign or transfer the Advertising Agreement without the
prior written consent of The Buy and Sell Group Ltd. The Buy and Sell Group Ltd
reserves the right to assign or
subcontract the Advertising Agreement and any of its rights and obligations
under the Advertising Agreement to a third party.
Where two or more persons are named on the Advertising Agreement as the
Advertiser, their liability shall be joint and several.
The Buy and Sell Group Ltd may modify these Conditions from time to time
and Advertisers should therefore ensure that they review these Conditions
regularly.
Except as set out in these Conditions, no variation of the Advertising
Agreement shall be binding unless agreed in writing and signed by an authorised
representative of The Buy and Sell Group Ltd.
No failure or delay by The Buy and Sell Group Ltd to exercise any right
or remedy under the Advertising Agreement shall constitute a waiver of that right
or remedy nor shall it prevent or restrict the further exercise of that right
or remedy. No single or partial exercise by The Buy and Sell Group Ltd of such
right or remedy shall prevent or restrict the further exercise of that or any
other right or remedy.
If any provision of the Advertising Agreement is found by any competent
authority to be invalid, unlawful or otherwise unenforceable then such
provision shall be severed from the remaining provisions in the Advertising
Agreement which shall continue to be valid and enforceable fully permitted by
law.
Nothing in the Advertising Agreement shall confer any rights or
benefits, whether pursuant to the Contracts (Rights of Third Parties) Act 1999
or otherwise in favour of any person other than the Advertiser and The Buy and
Sell Group Ltd .
The Advertising Agreement shall be governed by and construed in
accordance with English law and the parties hereby irrevocably submit to the
exclusive jurisdiction of the English courts.
Selling terms &
conditions ("Conditions")
Please read these Conditions carefully as they govern the provision of a
digital advertising package by us to you. We may modify these Conditions from
time to time and you should therefore ensure that you review these Conditions
regularly.
In these
Conditions, "we", "us" or "our" means The
Buy and Sell Group Ltd Limited. When we refer to The Buy and Sell Group
Ltd this includes the website located at www.buyandsellanycar.co.uk ("The Buy and
Sell Group Ltd Website"), and all other The Buy and Sell Group Ltd
platforms including mobile and tablet and the The Buy and Sell Group Ltd Apps
owned and operated by us.
These Conditions
apply to any adverts that are placed, renewed and/or amended until that advert
expires or is amended or renewed.
1.
OUR CONTRACT WITH YOU
a.
These Conditions apply to any advert for the sale of a vehicle that is
placed on The Buy and Sell Group Ltd by a private advertiser and together with
all other policies and terms posted on The Buy and Sell Group Ltd Website, set
out the terms on which we enter into a contract with you to provide you with
access to our platforms and services.
b.
By placing an advert with us, you are deemed to have accepted these
Conditions.
c.
Each time we accept a request from you to place an advert on The Buy and
Sell Group Ltd, a separate severable contract is formed between you and us
which is subject to these Conditions.
2.
PLACING AN ADVERT
a. When you place an
advert on The Buy and Sell Group Ltd, you will be given a username and password
which you are responsible for keeping secure. The Buy and Sell Group Ltd will
not be liable to you if you fail to keep your username and password safe.
Unless caused by our negligence, we will not be liable for any loss you might
suffer if a third party gains unauthorised access to your account. You agree
that the information supplied with your registration will be truthful, accurate
and complete. You also agree that you will not attempt to register in the name
of any other individual nor will you adopt any username which is offensive. All
personal information supplied by you as part of the registration process will
be protected and used in accordance with the terms of our Privacy Policy.
b. Before you confirm
that you would like to submit your advert, we will use details sourced from the
Motor Insurance Anti-Fraud and Theft Register (MIAFTR), operated by Insurance
Database Services Limited, to carry out a check to see whether the vehicle you wish
to advertise has ever been written off ("Write-off Check"). We
do not permit the advertising of CAT A or CAT B vehicles on The Buy and Sell
Group Ltd and will not accept advertisements for vehicles that are determined
by the Write-off Check to be in these categories. If the results of a Write-off
Check determine that the vehicle is in CAT C or CAT D, the advert may be
accepted but will include a statement advising of its write-off status. Links
to information about what CAT C and CAT D means will be provided within the
advert. You will be informed of the vehicle's write-off status before
placing the advert. If you no longer wish to proceed with the advert, you
should not submit it. You can find more information about CATs A, B, C and D
at: Insurance Categories section.
c. The Buy and Sell
Group Ltd has a partnership with Experian Limited which allows a potential
buyer to purchase a vehicle history check on the vehicle you are advertising.
If a potential buyer wishes to purchase a vehicle history check on the
advertised vehicle, there is a link made available on your advert which, when
clicked on, transfers the potential buyer to a website hosted by Experian
Limited where the vehicle history check can be ordered. To facilitate this
process, The Buy and Sell Group Ltd will automatically disclose the vehicle
registration number (as provided by you to The Buy and Sell Group Ltd) to
Experian Limited to enable Experian Limited to provide a vehicle history check
for the advertised vehicle to any potential buyer who orders one through this
process. The Buy and Sell Group Ltd does not directly disclose the vehicle
registration number to any potential buyer (except to the extent it features in
any material submitted by you as part of the advert). However, if a potential
buyer purchases a vehicle history check from Experian Limited having clicked on
the link in your advert in accordance with the above, the vehicle registration
mark will be made available to such potential buyer by Experian Limited as part
of the vehicle history check report. Please do not submit your advert if you do
not wish the vehicle registration mark to be used in this way.
d. If we accept your
advert, whilst we cannot give any guarantees regarding timescales, we aim to
process and publish adverts supplied online within 24 hours of receipt.
e. As soon as your
advert has been accepted for publication, a confirmation email will be sent to
you explaining that the advert has gone live on The Buy and Sell Group Ltd and
you will be given a unique identification number in respect of your advert. In
the event that an advert has been rejected for publication, we will attempt to
contact you to explain why your advert has been rejected. In the event that we
reject the advert prior to publishing, no charge will be incurred by you.
Please note that no contract will be deemed to exist between you and us until
we have sent you a confirmation email.
f. If you purchase an
‘Advertised until sold’ package, your advert will be published until your
vehicle is sold.
3.
ADVERT CONTENT GUIDELINES
a. Each advert may
only feature one vehicle. If you have more than one vehicle to sell, you will
need to place a separate advert for each vehicle.
b. We are only able to
display one advert for each vehicle at any one time.
c. We may accept
photographs and videos (in a format to be determined by The Buy and Sell Group
Ltd) of vehicles for use in adverts. However, we reserve the right in our sole
discretion not to include a photograph and/or video in an advert.
d. You are solely
responsible for uploading any photographs and videos which form part of your
advert unless agreed otherwise by us. We shall have no responsibility for the
quality of any photographs and/or videos you upload or provide to us.
e. Photographs and
videos which form part of the adverts must:-
a.
show only one vehicle;
b.
be accurate in their description of the vehicle being displayed;
c.
comply with all applicable legislation and regulation;
d.
not contain any material that is subject to third party intellectual
property rights or other third party proprietary rights (including rights of
privacy or rights of publicity);
e.
not be defamatory or derogatory of any person or organisation;
f.
not contain any strong profanity or inappropriate content or be obscene,
offensive, threatening, inflammatory, abusive, hateful, racist, anti-religious
or sexually graphic;
g.
not be in any way discriminatory or promote discrimination of any kind;
h.
not be pornographic or violent;
i.
not disclose any personal information in respect of any individual (and
personal information for the purpose of these Conditions is any information
that can be used to identify a person or contact a person by any means);
j.
not impersonate any person or misrepresent your identity or affiliation
with any person or company;
k.
not be unlawful or advocate, promote, incite any third party to commit
or assist any unlawful or criminal act or contain any description or mention of
illegal activity;
l.
not contain a statement which is direct or indirect encouragement or
other inducement to the commission, preparation or instigation of acts of
terrorism;
m. not, other than
solely in relation to the sale of the vehicle which is the subject of your
advert, contain any advertising, promote any goods or services, drive traffic
to another website or notify users of a promotion not approved by The Buy and
Sell Group Ltd or otherwise attempt to make a commercial gain;
n.
not contain any spam;
o.
not contain text or audio not relevant to the vehicle being described;
p.
not be in any language other than English;
q.
not be irrelevant or off-topic; and
r.
not contain a url or link to any other site except the Advertiser’s own
website. The Buy and Sell Group Ltd may check such photographs and videos which
form part of the adverts to ensure that such content meets the above
requirements
f. If a photograph and/or video in your advert
does not meet the requirements set out in Condition 3.5, we reserve the right
not to publish the photograph and/or video (as applicable), to remove the
relevant photograph and/or video (as applicable) from the advert or to remove
the advert in its entirety from The Buy and Sell Group Ltd.
g.
If you need to amend your advert,
you can use the online edit functionality featured on The Buy and Sell Group
Ltd.
h.
You warrant that:
a. you are a resident
in the UK;
b. you are not acting
in the course of trade or business;
c. you have the right
to sell the vehicle in the advert;
d. the advert you are
placing does not relate to a vehicle that is a non-declared write-off;
e. the information
contained within the advert is a true and accurate representation of the
vehicle to which it relates and any statement made in relation to the mileage
of the vehicle being advertised is correct;
f. the advert has
consistent and accurate pricing throughout (in both the asking price section
and the description) and the correct mileage has been provided;
g. you will not act
fraudulently and will deliver any vehicle advertised that is lawfully bought
from you;
h. all copy,
information and materials that you provide to us is complete, accurate, legal,
non-defamatory, decent, honest and truthful and complies with the British Code
of Advertising Practice, all other relevant codes under the general supervision
of the Advertising Standards Authority and all current relevant legislation;
i.
the publication of the advert by us will not breach any contract,
infringe any third party intellectual property rights or other rights; render
us or any other company in our group liable to any proceedings; and/or cause a
detriment to our reputation and/or the reputation of any company within our
group;
j.
you will not upload any files to The Buy and Sell Group Ltd that contain
a virus and/ or corrupted data; and
k. the advert complies
with these Conditions including without limitation Conditions 3.1 to 3.5.
l.
If you refer to a vehicle as being ‘Sold’ in any part of an advert, we
shall automatically remove such advert from The Buy and Sell Group Ltd.
4.
OUR RIGHTS AND OBLIGATIONS
a.
We shall provide the advertising service with reasonable care and skill
in a professional and timely manner. However, you acknowledge and accept that
it is technically impossible to guarantee that The Buy and Sell Group Ltd will
be continuously available online or to guarantee the corruption free or error
free transfer of an advert to The Buy and Sell Group Ltd.
b.
From time to time, we will need to carry out maintenance on our
equipment and systems, and we shall use our reasonable endeavours to ensure
that, in so doing, minimum disruption to any adverts is caused.
c.
We will use reasonable endeavours to remedy faults or errors on The Buy
and Sell Group Ltd as soon as possible. [You acknowledge and accept that once a
fault or error has been reported to us, it may take up to 48 hours for us to
investigate and rectify the problem].
d.
We do not monitor or control and shall not be responsible for the
content of your advert which you agree is your sole responsibility.
Accordingly, you shall be responsible for any losses, expenses or other costs
incurred by us caused by an untrue statement or inaccurate or unlawful content.
e.
We reserve the right to refuse to publish any advert without reason and
to classify, edit and delete an advert at our sole discretion so as to: comply
with legal or moral obligations placed on you or us; avoid infringing third
party rights, the British Code of Advertising Practice and all other codes
under the general supervision of the Advertising Standards Authority and/ or
any relevant legislation; respond to any complaints; correct typographical
errors or technical inaccuracies that may appear from time to time; and for any
other technical and/ or quality reasons. Where possible, we will attempt to
contact you to inform you of these changes prior to publication and/or edit.
f.
We may at any time remove any or all of the materials from the advert
which in our opinion are unlawful or are in breach of these Conditions.
g.
We may at any time vary the technical specifications of The Buy and Sell
Group Ltd (or any parts of them) for operational reasons.
5.
CHARGES AND PAYMENT
a.
The cost of placing an advert on The Buy and Sell Group Ltd depends on
the advertising package you select and all prices are quoted on The Buy and
Sell Group Ltd. All prices are inclusive of VAT.
b.
We have the right to change our advertising rates at any time and for
any reason but any revised rates shall not apply to any adverts placed with us
before publication of the revised rates.
c.
All adverts must be pre-paid prior to publication.
e.
Where payment is taken through The Buy and Sell Group Ltd, we will refer
you to a dedicated commerce provider who will take payment via a secure sever
(SSL) connection to ensure the safety of your payment online. Payment can be
made using Visa, MasterCard or Maestro. Any cards used for payment must be
registered in the UK to be accepted. Whilst every effort is made to ensure the
safety of your credit card transaction, we cannot and do not accept liability
for any loss or damage incurred as a result of using the secure payment
mechanism.
6.
INTELLECTUAL PROPERTY RIGHTS
a. In respect of any
materials which you supply to us ("Materials"), you grant us a
non-exclusive, irrevocable, perpetual and royalty free licence to use such
Materials for any purpose. You confirm that neither you nor any other person
will assert any moral rights in or relating to the Materials referred to above
against us or any third party.
b. You agree that all
intellectual property rights (including, without limitation, copyright,
trademarks, database rights and design rights (whether registered or not)) in
any copy, text, artwork, photographs, videos or other materials which we have
created and/or in any way altered for you in connection with the advert shall
belong to us absolutely.
7.
OUR RIGHT TO TERMINATE THE CONTRACT
a.
We shall be entitled to terminate the contract with you and remove an
advert at any time. We will provide you with notice of the removal of your
advert. In such circumstances we shall provide a refund to you for the
unexpired part of the advertising term unless we have terminated the contract
pursuant to Condition 7.2 below.
b.
We may immediately suspend or terminate the contract and remove an
advert where:
a.
you breach a term of these Conditions;
b.
you breach any of the provisions of Condition 3.8;
c.
we reasonably suspect that you are not complying with the provisions of
Condition 3.8;
d.
you place an advert at our bargain rate but then price your vehicle
above the vehicle price limit to which the bargain rate applies;
e.
You place an advert for one vehicle and then modify adverts details to
sell multiple vehicles;
f.
You are a trade seller masquerading as a private seller;
g.
if in our reasonable opinion, we have reason to believe that you have
been abusive to our staff or we receive a complaint from a third party
regarding your conduct in the sale of an advertised vehicle; and/ or
h.
any competent law enforcement or compliance authority instructs, advises
or makes a recommendation to us to take down any of your adverts and/or suspend
the delivery of services to you.
c.
If we remove an advert in accordance with Condition 7.2 above, you will
not be entitled to any refund for the advert in question.
8.
YOUR RIGHT TO CANCEL
a.
Please note that the digital advertising package provided by The Buy and
Sell Group Ltd is a bespoke package, tailored to your requirements and is
created instantaneously. By submitting your advert to us for publication, you
consent to us publishing your advert within the statutory 14-day cancellation
period afforded to consumers, which begins on the day that we notify you that
your advert has gone live on The Buy and Sell Group Ltd.
b.
By submitting your advert for publication, you acknowledge that your
right to cancel the contract at no cost to you will be lost.
c.
An advert can be cancelled at any time by you, for example to avoid
unwanted responses but no refunds will be given unless you cancel due to our
breach of the contract.
9.
LIABILITY
a.
Nothing in these Conditions shall exclude or restrict our liability for
death or personal injury caused by our negligence, for fraudulent
misrepresentation and/or for any other liability which we are not permitted to
exclude or limit by law.
b.
If we fail to comply with these Conditions, we are responsible for loss
or damage that you suffer as a foreseeable result of our breach of the
Conditions or our negligence but we are not responsible for any loss or damage
that is not foreseeable or for any loss or damage not caused by any breach on
our part. Loss or damage would be foreseeable if it were an obvious consequence
of our breach or if it were contemplated by you and us at the time the advert
was published and the contract was formed.
c.
We will not be liable for any loss or damage caused by a distributed
denial of service attack, viruses, malicious or impairing computer programs or
other technologically harmful material that may affect The Buy and Sell Group
Ltd, your advert and/ or may infect your computer equipment, computer programs,
data or other proprietary material due to your use of The Buy and Sell Group
Ltd or your downloading of any material posted on it or on any website linked
to it.
d.
We cannot guarantee that by placing an advert on The Buy and Sell Group
Ltd, you will sell the vehicle in question and we do not commit to finding a
buyer for you. Our role is solely to provide a platform on which you can
advertise your vehicle for sale.
e.
The Write-off Checks (referred to in Condition 2.2) that are carried out
when you place your advert are based on data supplied by an independent third
party. The results provided are valid as at the time the advert is placed. We
will not be liable for the accuracy of the results of any Write-off Checks that
are displayed in an advert. It is your responsibility to check the results of
the Write-off Checks before you place your advert and determine whether or not
you still want to proceed. We will not be liable for any loss you might suffer
arising out of the results of any Write-off Checks.
f.
In order to create your advert, we may use certain third party data,
including but not limited to data supplied by Glass's Information
Services Ltd ("Glass's Data"). We will not be liable for the accuracy
of any Glass's Data that is included in or used to create your advert
or for any loss or damage you might suffer as a result of the inclusion or use
of Glass's Data in your advert.
g.
If, as a result of placing an advert, you are successful in selling your
vehicle, The Buy and Sell Group Ltd will not be connected in any way to that
sale and will not be liable or responsible under any contract for the sale of
your vehicle which you might enter into with a third party.
h.
You agree that any questions and complaints regarding a vehicle
advertised in your advert will be your responsibility only and that we do not
have any liability in this regard.
i.
In the event of any error or omission in an advert, we may at our sole
discretion either amend the relevant part of the advert or refund or adjust the
charges. No refund, amendment or adjustment to the charges will be made where
in our sole opinion, the error or omission does not materially detract from the
advert or where it arises as a result of incorrect or inadequate information
provided by you.
j.
We shall not be liable to you for any delay in performing and/or any
failure to perform our obligations to you if the delay or failure is due to any
event outside of our reasonable control (including without limitation, any act
of God, fire, flood, explosion, storm, epidemic or natural disaster, strike,
terrorist attack or threat of terrorist attack, infrastructure failure or power
failure, denial of service attack, failure of public or private
telecommunications networks).
k.
Nothing in these Conditions affects your legal rights. Advice about your
legal rights is available from your local Citizens Advice Bureau or Trading
Standards.
10. DATA PROTECTION AND
SECURITY
a.
We take security very seriously and provide advice on the The Buy and
Sell Group Ltd Website on steps you can take to ensure your safety and security
when selling your vehicle. This information can be found under Safety &
Security Centre.
b.
By submitting an advert to us, you are requesting that your advert
appears on The Buy and Sell Group Ltd. This means that the advert and all
information contained within it can potentially be viewed by all persons with
internet access throughout the world. You consent to the publication of your
data in this way.
c.
We use Protect My Number and a Customer to Customer messaging service to
protect the privacy of our customers.
d.
Protect My Number disguises your telephone number from persons viewing
your advert by allowing them to call you without seeing your true number.
Protect My Number is automatically applied at the time you place your advert.
Removal of this feature is only available by contacting our Customer Service
team. Please note that if you opt out of Protect My Number, your telephone
number will be visible to everybody viewing your advert. To find out more about
Protect My Number, please visit What is Protect My Number?
e.
Customer to Customer messaging disguises your email address from persons
viewing your advert by enabling them to contact you through a link on your
advert without seeing your true email address. This is not optional. By placing
an advert with us, you acknowledge and agree that your communication with
persons viewing your advert will be via consent to the use of our Customer to
Customer messaging service.
f.
You acknowledge and agree that by placing an advert with us, you will
provide us with and we will collect from you certain personal data relating to
you (e.g. name, address and contact details). This personal data will be
processed in accordance with our Privacy Policy and may be used for a number of
purposes (as further detailed in our Privacy Policy) and which may include the
prevention and detection of fraud, assisting with police investigations and/or
enquiries and/or complying with statutory and regulatory obligations. Our
Privacy Policy can be found on our website and we advise you to read it. For
the privacy policy, visit Privacy Policy.
11. INFORMATION ABOUT
US AND HOW TO CONTACT US
b.
If you wish to contact us in writing, you can do so by:
a.
e-mailing [email protected]; or
b. Pre-paid Post or
hand delivery to Customer Services The Buy and Sell Group Ltd7 Bell Yard,
London, WC2A 2JR
c.
If you would like to speak to us on the telephone to discuss an advert
that you have placed, to make a complaint about your advert or for general
enquiries, please call 08000 622 141. Please check The Buy and Sell Group Ltd
Website to find our current opening hours.
d.
Please note that if we have to contact you or give you notice in
writing, we may do so by e-mail, or by pre-paid post to the address you provide
to us at the time you placed the advert.
12. GENERAL
a.
We may transfer our rights and obligations under these Conditions to a
third party and we will always notify you in writing if this happens. This will
not affect your rights or our obligations under these Conditions.
b.
Each of the paragraphs of these Conditions operates separately. If any
court or relevant authority decides that any of them or any part of them are
unlawful, the remaining paragraphs or parts will remain in full force and
effect.
c.
If we fail to insist that you perform any of your obligations under
these Conditions, or if we delay in doing so, that will not mean that we have
waived our rights against you and will not mean that you do not have to comply
with those obligations. If we do waive an obligation by you, we will only do so
in writing and that will not mean that we will automatically waive any later
default by you.
d.
These Conditions form a contract between you and us. No other person
shall have any rights to enforce them.
e.
These Conditions are governed and construed by English law. This means
that the contract formed between you and us and any dispute or claim arising
out of it will be governed by English law. You and we both agree that the
Courts of England and Wales will have non-exclusive jurisdiction. This means
that a claim could be brought in England or if you are a resident of Northern
Ireland, you may bring a claim in Northern Ireland and if you are a resident of
Scotland, you may bring a claim in Scotland. English law will however, apply in
all cases.
13. TRADE ADVERTISING
a.
These Conditions relate to the advertising of
vehicles by PRIVATE SELLERS ONLY. If you are a trader and you would like to
advertise vehicles for sale on The Buy and Sell Group Ltd Website, please visit
the Dealer Portal section of www.buyandsellanycar.co.uk
b.
If you are a trader acting in the course of your business, you are not
permitted to place any advert as a private advert and/or otherwise pass
yourself off as a private seller. The Consumer Protection from Unfair Trading
Practices Regulations 2008 requires all adverts placed by people who seek to
sell goods in the course of business to make the fact clear. This requirement
applies whether the advertiser is acting on his own behalf, or for some other
person. Customers should be able to tell whether an advert relates to a sale by
a trade or private seller. It is the responsibility of the advertiser to comply
with the Regulations. If you are a trader acting in the course of your
business, it is an offence, for which you may be prosecuted, not to advertise
the fact that you are a trader.
c.
We may, in our sole discretion, remove any advert that has been placed
as private which we reasonably believe has been placed by a trader acting in
the course of a business. In such circumstances, you will not be entitled to
any refund for the advert in question and you may be charged an administration
fee by us.
Advertising Guidelines
Please
follow these rules when creating your adverts or videos:
1.
Our services allow customers to advertise vehicles
for sale. However, we don’t own, buy or sell any of the vehicles shown on our
website — and we do not get involved in transactions between buyers and
sellers.
2.
When you place an advert and/or a video on our
website, you accept and agree to comply with all our Terms & Conditions,
plus any relevant legislative or regulatory requirements. Please remember, it
is your sole responsibility to ensure your adverts and videos contain correct
information about the vehicle that you are advertising.
3.
We encourage customers to report adverts or videos
that they believe are misleading; these are reviewed by our Risk &
Compliance team and appropriate action is taken. This may include removal of
the advert or video that fails to meet these conditions. PLEASE NOTE: no
refunds or credits will be given for adverts or videos removed for breaching
guidelines.
4.
To make sure your advert or video does not get
removed, always:
·
State the full sale price of the vehicle, and
ensure this is consistent throughout the advert,
·
State the full mileage, and ensure this is
consistent throughout the advert.
Why we remove adverts or videos:
a.
You mislead buyers about the vehicle or price in
the advert or video. For example:
·
You include a finance, lease or hire price as the
overall vehicle price.
·
You include financial promotions anywhere in the
advert.
·
You advertise a non-existent vehicle – or one that
has been recently sold – to attract customers.
b.
Your advert or video states inconsistent or
incorrect mileage. For instance:
·
You don’t include any mileage in the advert
·
You abbreviate the mileage e.g. 105 when it should
state 105,000
c.
You put an artificially low price in the price
field of the advert, but then state a higher price in the advert description.
·
The Buy and Sell Group Ltd is primarily a consumer site and all vehicles
advertised for sale via our Consumer channels (Cars, Bikes, Caravans and
Motorhomes) must clearly show the full selling price.
·
Adverts on the consumer channels incorrectly showing
a sale price plus VAT, e.g. £1000 + VAT or £1000 excl. VAT etc, will be removed
as misleading or have their prices amended to be inclusive of VAT at the
current rate.
Getting more information
Videos need
to fully comply with the Vehicle Video Business Rules. Where we have identified
that the content breaches our guidelines we reserve the right to remove the
video and the advert in full. In this event, no refunds or credit will be
given.
The small print
We may
terminate any advertising agreement or contract immediately by giving notice to
the seller by telephone, fax, email or letter. We reserve the right, at our
sole discretion, to refuse to publish any advertisement, provide any
advertising services, or remove any or all advertisements from the websites,
where the seller breaches the terms of the advertising agreement.
Content Standards
1.
INTRODUCTION
1. The terms and conditions set
out in this document (“Content Standards”) shall apply to any Content provided
by an Advertiser to The Buy and Sell Group Ltd, for the purpose of The Buy and
Sell Group Ltd publishing the Content on
The Buy and Sell Group Ltd Platform. For
the purposes of these Content Standards, “Content” includes (without
limitation) any copy, artwork, text, data, photographs, slides, video clips
and/or other material advertising a vehicle, the Advertiser and/or any
products, services and/or promotions offered by the Advertiser.
2. These Content Standards also
set out the standards that any Content must comply with and the consequences if
any Content fails to comply with such Content Standards.
3. These Content Standards are
provided subject to the Main Advertising Terms and Conditions which are
incorporated in these Content Standards by reference. Terms defined in the Main
Advertising Terms & Conditions shall have the same meaning in these Content
Standards.
2.
CONTENT STANDARDS
1. All Content delivered for
publication on The Buy and Sell Group Ltd ’s platforms must:
1. be accurate in its description
of the vehicle being displayed and any services provided;
2. comply with all applicable
legislation and regulation (including, without limitation, the FCA rules for
consumer credit promotions);
3. comply with The Buy and Sell
Group Ltd’s Advertising Guidelines as may updated from time to
time; and
4. to the extent that the Content
contains any marketing claims, the Advertiser must be able to substantiate
those claims and comply with all relevant advertising legislation, codes and
standards (including the CAP Code).
2. Content delivered for
publication on The Buy and Sell Group Ltd’s platforms must not:
1. contain any material that is
subject to third party intellectual property rights or other third party
proprietary rights (including rights of privacy or rights of publicity), except
where the Advertiser has a licence to use such material and to sub-licence the
same to The Buy and Sell Group Ltd as
part of the Content;
2. be defamatory or derogatory of
any person or organisation;
3. contain any strong profanity
or inappropriate content or be obscene, offensive, threatening, inflammatory,
abusive, hateful, racist, anti-religious or sexually graphic;
4. be in any way discriminatory
or promote discrimination of any kind;
5. be pornographic or violent;
6. disclose any personal
information in respect of any individual (and personal information for the
purpose of these Content Standards is any information that can be used to
identify a person or contact a person by any means);
7. impersonate any person or
misrepresent your identity or affiliation with any person or company;
8. be likely to deceive or misled
any person;
9. be unlawful or advocate,
promote, incite any third party to commit or assist any unlawful or criminal
act or contain any description or mention of illegal activity;
10. contain a statement which is
direct or indirect encouragement or other inducement to the commission,
preparation or instigation of acts of terrorism;
11. drive traffic to another
website or notify users of a promotion not approved by The Buy and Sell Group
Ltd or otherwise attempt to make a
commercial gain;
12. contain any spam;
13. contain text or audio not
relevant to the vehicle being described;
14. be in any language other than
English;
15. be irrelevant or off-topic; or
16. contain a url or link to any
other site except the Advertiser’s profile page or landing page (hosted on The
Buy and Sell Group Ltd Platform).
3.
MODERATION
1. Although Content may be
monitored by The Buy and Sell Group Ltd , we are under no obligation to
Advertisers or to any other person to oversee, monitor or moderate any Content.
2. The Buy and Sell Group Ltd expressly
disclaims any and all liability in connection with the Content and the
Advertiser shall be liable for any third-party claims which arise in connection
with their Content.
3. In delivering Content, the
Advertiser confirms that it has, and will continue to have during the
publication of the Content, all the necessary rights, licenses, consents and
permissions required to display the Content on The Buy and Sell Group Ltd
Platform.
4.
BREACH OF THESE STANDARDS
1. Without limitation to any
other right or remedy The Buy and Sell Group Ltd may be entitled to, if any
Content breaches these Content Standards, The Buy and Sell Group Ltd reserves the right to remove the Content in
question.
2. The Buy and Sell Group Ltd reserves
the right to permanently prevent any Advertiser from delivering Content if such
Advertiser has materially or repeatedly breached these Content Standards.
3. A breach of these Content
Standards by any Advertiser shall be deemed to be a breach of the Main
Advertising Terms and Conditions and The Buy and Sell Group Ltd be entitled to such rights and remedies
available to it thereunder.
4. The Buy and Sell Group Ltd excludes
liability for all action it may take in response to breaches of these Content
Standards. The actions The Buy and Sell Group Ltd may take are not limited to those described
above, and The Buy and Sell Group Ltd may take any other action it reasonably deems
appropriate.
5.
GENERAL
1. Advertisers shall not use, in
any part of the Content, any intellectual property rights (including copyright
and trademarks) owned or controlled by The Buy and Sell Group Ltd or otherwise
imply any association with or endorsement by The Buy and Sell Group Ltd without the express written agreement of The
Buy and Sell Group Ltd .
2. The Buy and Sell Group Ltd shall
notify Advertisers of any changes to these Content Standards from time to time
in accordance with the Main Advertising Term and Conditions.
3. The Buy and Sell Group Ltd is
not obliged to continue accepting the delivery of Content from Advertisers and
reserves the right to stop accepting the delivery of Content from Advertisers
at any time without reason.
Cookie Policy
Cookies are tiny text files stored on your
computer when you visit certain web pages. At BuyandSellanycar we use cookies
to keep track of the options you have selected on the website and to remember
you when you return to our site.
To get the best BuyandSellanycar
experience, you need to have cookies enabled. If you don't wish to enable
cookies, you will still be able to use the site but you may not be able to use
some of the essential features we offer such as placing an advert so we
recommend you keep them enabled.
Cookies don't harm your computer.
Like other online companies, we use cookies to provide you with more relevant
and useful information. We don't store personally identifiable information such
as credit card details in cookies we create, but we do use information gathered
from cookies to help improve your experience of the site.
We use cookies to personalise
content and ads, provide social media features and analyse traffic. We also
share information with social media, advertising and analytics partners who may
combine it with other information that you've provided to them or that they've
collected from your use of their services. By using our site, you consent to
our use of cookies. See below for more information about the cookies we use.
We do have relationships with carefully-selected and
monitored suppliers who may also set cookies during your visit to our website;
they will show you different products and services based on what you appear to
be interested in. If you'd like to opt out, please email:
[email protected]
To make full use of the features on our site
you will need to accept cookies, as we can only provide you with certain
personalised features of this website by using them.
If your computer is configured to
accept cookies we will be able to provide time saving functionality such as:
-
The ability to
pre-fill the search form with your postcode, thus preventing the need to input
it each time you want to perform a search.
-
The ability to
login to your BuyandSellanycar account and place adverts on the site.
However, if you'd prefer to
restrict, block or delete cookies from BuyandSellanycar.co.uk, or any other
website, you can use your browser to do this. Each browser is different, so
check the 'Help' menu of your particular browser to learn how to change your
cookie preferences.
For further information on cookies or for details on how
to delete them or refuse their installation on your computer, please
visit http://www.aboutcookies.org/
Here is a list of how we use cookies on the BuyandSellanycar.co.uk
website
We use Google Analytics to carry
out statistical analysis of page use, page interactions and paths through the
Website to evaluate and develop our Website. This is known as 'digital
analytics'. We may also record certain information that customers provide
during a Website purchase or other process.
This information allows us to understand individual
behaviours and needs more accurately. For more information on how Google uses
the data collected via this service, see
here: http://www.google.com/policies/privacy/partners/
To opt out of being tracked via Google Analytics, you can
also use Google's opt-out browser
add-on: https://tools.google.com/dlpage/gaoptout
In their own words:
DoubleClick for Publishers (DFP)
products provide ad management and ad serving solutions to companies that buy,
create or sell online advertising
What does the company do?
Technology that delivers
advertisements to websites and monitors progress and performance of ad
campaigns
Privacy contact - https://support.google.com/policies/troubleshooter/2990837?hl=en
More info - https://www.google.com/policies/technologies/cookies/
Opt out - https://adssettings.google.com
In their own words:
DoubleClick Ad Exchange connects ad
networks, agencies and third-party demand-side platforms with a vast global
inventory in real time.
What does the company do?
Technology that delivers
advertisements to websites and monitors progress and performance of ad
campaigns
Privacy contact
- https://support.google.com/policies/troubleshooter/2990837?hl=en
More info
- https://www.doubleclickbygoogle.com/solutions/digital-marketing/ad-exchange/
Opt out - https://www.google.com/intl/en/policies/technologies/cookies/
In their own words:
Facebook gives people the power to
share and makes the world more open and connected. Millions of people use
Facebook everyday to keep up with friends, upload an unlimited number of
photos, share links and videos, and learn more about the people they meet
What does the company do?
Seller of aggregated publisher ad
inventory from many websites. Many ad networks use proprietary technology and
partner with data aggregators to target ads
Privacy contact - https://www.facebook.com/full_data_use_policy
Opt out - https://en-gb.facebook.com/policies/cookies/
We use a third party supplier to provide the Live Chat
Service. The cookies are used to manage your live chat session, to track your
preferences and to personalise your experience. You may disable persistent
cookies. However, if you disable the session cookie you will not be able to use
the Live Chat Service. If you wish to find out more about the supplier's use of
cookies, please refer to their privacy policy at https://www.livechat.com/legal/privacy-policy/
Twitter is an online news and social
networking service on which users post and interact with messages known as
"tweets".
Static.ads-twitter.com
Cookies are used to measure the
performance of the ads that we pay for on Twitter. We also use cookies to
deliver targeted advertising on Twitter.
Connect.facebook.net
Facebook is an online social media
and social networking service. Cookies are used to measure the performance of
the ads that we pay for on Facebook. We also use cookies to deliver targeted
advertising on Facebook.
Connect.facebook.net
Instagram is a photo and
video-sharing social networking service owned by Facebook. Cookies are used to
measure the performance of the ads that we pay for on Instagram. We also use
cookies to deliver targeted advertising on Instagram.
We use cookies on the buyandsellanycar.co.uk
whenever you login. This is done in order to remember who you are, both for
your current visit and on return visits, saving you having to login again. We
store the following personal details: first name, year of birth (if
supplied), gender, county, postcode.
Whenever you are not logged in, we
use a non-personally identifiable cookie to understand the number of unique
visitors who look at the adverts on the site.
In order to provide some of the
functionality within the new and used vehicle search sections of our site, we
need to store some information in cookies related to the searches you have been
performing. For example, whenever you compare different vehicles or adverts, we
need to store the identifiers for those vehicles and adverts. We store the
postcode you have entered for searches to enable us to show you the distance
you are from the vehicles in the adverts, and the makes and models of vehicles
you are currently searching. We also record related information about the
postcode you supply, including the Acorn profiling code for that postcode,
longitude and latitude of the postcode. Some of this information may also be
used to bring you more relevant display adverts across our site.
There are certain product pages
that we like to know that you have visited - such as the insurance, finance or
car history pages. We record this in a cookie which allows us to provide you with
adverts that are more relevant to you through our display advertising.
In addition, we like to understand
the response that we are getting to our used car advertisers on the site, and
so we use a cookie to store some information about the search you have
performed.
In order to gather feedback from
our customers about the site's products & features you will be invited to
provide your feedback on occasion by filling in a short survey. Providing
feedback to us will enable the Auto Trader team to act on this feedback and
improve services and features.
Browsers are changing all the time,
to get the most up to date information about managing your cookies in your
browser visit www.aboutcookies.org ( this will open in a new window -
please note that we can't be responsible for the content of external websites)
Updated: 1st March 2022
Privacy policy
Buyandsellanycar.co.uk Privacy Policy
and Cookies (“Policy”)
All personal information collected and used from Buyandsellanycar.co.uk (“the website) will be processed in accordance with the 1998 Data
Protection Act.
Information Collected
Online Advertisements
In order to place an advertisement on the Website,
you will need to register. We will require you to supply your name, date of
birth, e-mail address, telephone number and full postal address. You will also
be required to supply payment details and your vehicle registration.
Registrants are also presented with the option of supplying their mobile
number, insurance renewal dates, and the make and model of any cars owned.
Credit Card information is collected over a secure connection.
By submitting personal information to us, you are
deemed to have agreed to the terms set out below regarding the use of your
personal information.
You have the option of selecting to place an
advertisement using Contact Number Protection (where applicable). Contact
Number Protection enables you to keep your telephone number private by
providing you with a substitute telephone number to use in your advert.
Who we may
disclose information to
We may disclose your personal
information to third parties as follows:
1.
We will send your personal information to dealers,
vehicle manufacturers, bike manufacturers and relevant third parties to enable
them to provide you with the services and products that you have requested on
this website,
2.
We may use service providers to help us run the
Website or services available on the Website, some of whom may be based outside
the EEA. Some of our webpages use plugins from third party platforms (such as
the ‘Facebook Recommend’ or ‘Facebook Gestures’ function). Information about
your visit to the Website may be collected by these third party providers on
these pages. If you browse these pages whilst still also logged in to your
account on the third party platform, information collected by the third party
may be connected to your account on the third party platform. For more
information on how these third parties use information, please read their
privacy policies.
3.
If we are under any duty to disclose or share your
personal information in order to comply with any legal obligation, or in order
to enforce our terms and conditions and any other agreements.
Vehicle Searches
In order to conduct a vehicle search on www.buyandsellanycar.co.uk
Website, we will require you to supply a postcode and a selection of identifying
criteria matching your chosen vehicle, for example make, model and price.
Use of
Information
General
www.buyandsellanycar.co.uk is part of The Buy and
Sell Group Ltd and information supplied on this Website may be shared with
other group companies. When you register with our Website, we ask you whether
you would like to receive our email newsletters detailing changes to the
Website, offers and services from third party companies via email and/or via
post that we feel may be of interest to you. You have the ability to opt-out of
receiving all or any of these offers during registration.
On occasions The Buy and Sell Group Ltd run
promotions in which personal information is collected. We will always ask you
if agree to this and advise you if this information may be shared with a third
party. You will always be asked to provide your consent to this use by opting
in.
We have taken measures to ensure that information
supplied to us is held securely. As a consequence - we may occasionally request
proof of identity before allowing access to your personal information.
For the purposes of the prevention or detection of
offences, and/or the apprehension or prosecution of offenders, we may share any
information that we collect with the Police, other public or private sector
agencies, governmental or representative bodies in accordance with the relevant
legislation. This will include public authorities, insurance companies, finance
companies, automotive advertising companies and/or other agencies. Information
shared in this way will not be used for marketing purposes.
You have the right to access all personal
information supplied to Auto Trader and rectify any inaccuracies on the
information held. Further enquiries should be made to [email protected] or sent to:
Customer Services, The Buy and Sell Group Ltd, 7 Bell Yard, London, WC2A 2JR
If you wish to access your personal details held by
The Buy and Sell
Group Ltd, a charge of £10 will be payable.
Amendments and updates to this Policy may be made
from time to time. Any revisions will be posted on this page so you will always
be aware of what information we collect.
Online Advertisements
Telephone numbers and email addresses supplied as
part of a vehicle advertisement will be published within the relevant
advertisement for the duration of the booking, to enable a potential buyer to
contact the seller. Your telephone number will not be published if you have
selected to use Contact Number Protection (where applicable).
Your postcode is collected in order to provide a
positioning on each vehicle within our database, thereby enabling potential
buyers to locate vehicles for sale within a set radius of their chosen
location.
Credit card information is used solely for the
purpose of payment processing. The Buy and Sell Group Ltd retains no record of
credit card details.
All details supplied to The Buy and Sell Group Ltd with
your on-line advertisement will be safeguarded both by this Policy and also by
the 1998 Data Protection Act. We will only ever pass your personal details to
third parties to enable fulfilment of the advertising package which you have
selected. Where advertising packages include additional benefits your agreement
to these terms and conditions includes consent for your data to be used by
others to provide those benefits, subject always to your being offered the
opportunity to opt out of those benefits upon receipt.
Vehicle Searches
Postcodes and vehicle information are collected in
order to provide a relevant match of vehicles against a specified search. The
inclusion of the postcode enables us to provide the potential buyer with a
range of vehicles within a chosen locality, rather than vehicles randomly spread
throughout the country.
Vehicle Registration Numbers
Vehicle Registration Numbers are provided to The
Buy and Sell Group Ltd to enable it to provide to you (unless you have opted
out from receiving this information during the registration process) and/or to
persons carrying out vehicle searches on the website with details of offers and
with services including, without limitation, insurance quotations, vehicle
history and credit checks and vehicle valuations and such other services as are
developed by The Buy and Sell Group Ltd from time to time. Vehicle Registration
Numbers will be passed by The Buy and Sell Group Ltd to its third party
authorised partners for the purpose of enabling them to provide such offers and
services. As part of the provision of these services, the third party
authorised partner may need to disclose the Vehicle Registration Number to a
third party for example, without limitation, an insurer, insurance panel or
credit reference agency. The Buy and Sell Group Ltd will not disclose the Vehicle Registration
Number to any person carrying out vehicle searches on the Website and the
Vehicle Registration Number will not be displayed on the Website.
Registration
Email addresses are collected in order to send
registrants their chosen password, providing them with online access to their
registration details (available within the “My Account” section on the Website).
The user can access this information at any time in order to update their
details or change the options regarding whether they would like to receive
communication from The Buy and Sell Group Ltd or selected third parties.
Other registration information is
collected in order:
1.
To generate an overall audience profile of visitors
using the Website. This information is then used to assist in developing
relevant content on the Website as well as ensuring that automotive trade
advertisers looking to reach specific audience groups are encouraged to place
their stock or promotions on the Website.
2.
To provide our Website visitors with the option to
receive the The Buy and Sell Group Ltd monthly email bulletin, as well as the option to receive email and
postal offers from selected third party companies that The Buy and Sell Group
Ltd believes may
be of interest to them. If a visitor has supplied insurance renewal date
information and/or vehicle ownership details, it provides The Buy and Sell
Group Ltd with the
potential to better target that visitor with relevant and timely consumer
offers by email or post, providing that visitor has opted to receive
notification on such offers.
3.
To support our E-alerts functionality - whereby
visitors to our Website can store settings on vehicle searches and/or set up
alerts to be notified (by email) - when a specified vehicle appears for sale on
the Website. Unless a visitor supplies their email address, we are unable to
send such alerts.
4.
To limit access to the full range of fields within
the search form in order to maintain an overall faster search facility. By
providing limited access to all our search fields, notably free text entry
boxes, we are able to limit the impact on the performance of our search engine
during periods of intense user activity. Whilst all users gain unhindered
access to the key database fields, (such as Make and Model) fields that
generate more intensive database processing (such as free text fields), are
limited to those users who register.
5.
To support our ‘Send To Mobile’ functionality -
whereby visitors to our Website can send details of vehicles for sale to mobile
phones.
Cookies
When you visit our Website we issue a “cookie” file
which is stored on your browser or the hard drive of your computer. Cookies
contain information that is transferred to your computer’s hard drive. Cookies
are widely used in order to make websites work, or work more efficiently, as
well as to provide information. Cookies enable us to: improve the use of our
Website; to recognise your computer; to store settings to help facilitate your
use of our Website; and to deliver a better and more personalised service.
Some of the
cookies we use are essential for the Website to operate and have already been
set. You may delete and block all or some cookies from this Website. However,
if you use your browser settings to block all cookies (including essential
cookies) you may not be able to access all or parts of our Website. Unless you
have adjusted your browser setting so that it will refuse cookies, our system
will issue cookies as soon as you visit our Website.
For further information on cookies or
for details on how to delete them or refuse their installation on your
computer, please visit http://www.aboutcookies.org/
If your computer is configured to accept cookies we
will be able to provide time saving functionality such as:
·
the ability to pre-fill the search form with your
postcode, thus preventing the need to re-input it each time you need to run a
search.
·
unhindered access to all the fields within our
advanced search settings.
·
ready access to an online record on past
advertisements you may have placed on the Website.
·
access to our E-alert functionality.
Cookies also enable us to better understand what
you are interested in based on the pages you visit and the actions you take.
This means that the adverts that will be served to you and the emails and
offers that you receive from us (if you have consented to these) will be more
relevant.
If your computer is cookie enabled we are also able
to limit the number of occasions you are exposed to certain display
advertisements on our Website (such as banners and pop-up boxes). On most
occasions this will mean you never see the same pop-up advertisement more than
twice each time you visit the Website.
Please note in order to place an advert
you will need to enable cookies in your browser. For details on how to enable
cookies, please visit http://www.aboutcookies.org/
Why we use
cookies
The Buy and Sell Group Ltd uses
cookies for 4 purposes:
1.
To enable the delivery of functionality that improves
the ease and speed of using the Website.
2.
To frequency cap display advertisements,
particularly pop-up boxes. By limiting advertisement exposure we provide a more
compelling user experience for Website visitors and also ensure that
advertisements on the Website are more evenly spread across our user base.
3.
To enable us to track the relative demand for
different types of vehicles on the Website. Such information enables us to
better target advertising at users searching for specific vehicles.
4.
To enable us to track the relative popularity of
disparate parts of our Website. This in turn enables us to concentrate our
efforts on developing those parts of the Website that are generating the
greatest consumer demand.
Third Party Cookies
We also use third party cookies on our Website for
various purposes, as detailed below:
Google Analytics
We use Google Analytics to carry out statistical
analysis of page use, page interactions and paths through the Website. This is
known as “web analytics”. We may also record certain information that customers
provide during a Website purchase or other process, such as name, email or
postcode. We also capture a customer identifier when registered users log in to
the Website.
This information allows us to identify customers
and more accurately understand individual behaviours and needs. This means that
we can more easily tailor offers and information which may be of interest to
individuals. We will only send marketing emails when customers have given us
permission to do so. Some of our marketing agencies may have access to this
along with other data, to help increase the relevancy and performance of our
direct marketing.
Google Adsense
We use third-party advertising companies to serve
ads when you visit our Website. These companies may also use cookies, over
which we have no control. These companies may use information (not including
your name, address, email address, or telephone number) about your visits to
this and other websites in order to provide advertisements about goods and
services of interest to you. If you would like more information about this
practice and to know your choices about not having this information used by
these companies, click here.
Automatic Logging of Session Data
We automatically log generic information about your
computer and your computer’s connection to the Internet which we call “session
data”. Session data consists of things such as device information, IP address,
operating system and browser software information, and the activities conducted
by you while on our Website. An IP address is a number that lets computers
attached to the Internet, such as our web servers, know where to send data back
to the user, such as the pages of the Website the user wishes to view. We
collect session data because it helps us to analyse such things as what items
visitors are likely to click on most, the way visitors are clicking through the
Website, how many visitors are surfing to various pages on the Website, how
long visitors to the Website are staying and how often they are visiting. It
also helps us diagnose problems with our servers and lets us better administer
our systems. It is possible to determine from an IP address a visitor’s
Internet Service provider (ISP) and the approximate geographical location of
his or her point of connectivity. We may also use some session data, such as
the pages you have visited on our Website, to send you e-mail messages focused
on matters that you may be interested in, unless you have previously opted out
of receiving such messages. We also use session data to help prevent fraud and
unauthorised use of our Website.
Use of data
link from registration page
Why are we collecting this information?
Your address
We ask for your address for two reasons:
1.
When you have logged onto the Website, your
postcode will automatically populate the postcode box on the search form. All
search results will automatically be displayed with those closest to your home
first, until you choose to sort your search results using different criteria e.g.
price.
2.
Your address allows us to send you updates on our
Website and/or offers from our partners, provided you have opted to receive
such notifications in stage 4 of this registration process.
Your mobile number
Collecting your mobile number will enable us to
provide you with SMS vehicle alerts, should you choose to accept them, when
they launch early next year. These alerts will provide you with notification by
SMS on any new vehicles ads you have requested to be told about as they first
appear onto the Website.
Insurance renewal date
Thanks to our long running associations with the
Motor Industry, we often hear about exciting deals on insurance. By providing
us with details on your renewal date, we can ensure we target you with the best
offers, when they’re most relevant.
Offensive or
misleading adverts or content
If you notice any offensive or unsuitable adverts
or content on the Website, please email: [email protected]
Privacy
Notice ("Notice")
Last
updated: 4th March 2022
www.BuyandSellanyCar.co.uk is
a UK based digital automotive marketplace that offers a vehicle buying and
selling process for private individuals and trade customers. To provide
retailers with the full range of www.BuyandSellanyCar.co.uk products and
services, a retailer may provide us with, and we may collect and process,
certain personal information about the retailer (where the retailer is a sole
trader/partner) or about people employed or engaged by that retailer. We will
collect and process information about people who:
·
Communicate with us (by
phone, SMS, email, in letters, social media and in person);
·
Are registered to use our
trade portal (Portal);
·
Use our products and
services including on behalf of a retailer or otherwise act on behalf of a
retailer in its dealings with us; and/or
·
Whose information is
provided to us by, or on behalf of, a retailer.
This Notice provides
details regarding the information that we hold and use relating to such
individuals (users/ you/ your). The types of information set out in this
Notice, will not always constitute your personal information. Personal data (or
personal information as referred to in this Notice) is information that relates
to; identified or identifiable information. Some of the categories of
information listed in this Notice won't relate to you individually but might
instead relate to the retailer that you represent.
We may also collect and
process personal information about you when you use the website at www.BuyandSellanyCar.co.uk (Website) or
any of the other Buy and Sell Group Ltd platforms including mobile and tablet
and the Buy and Sell Group Ltd app (Platforms). References in this
Notice to Site include the Website and Platforms. We have a
separate privacy notice for the Site and you should also review for information regarding the personal information that we
collect and process through the use of the Site.
Our Privacy Promise
The Buy and Sell Group
Ltd (we/ us/ our) is committed to protecting your personal information,
being transparent about the personal data we hold and wherever possible giving
you control over how we use it.
It’s important that you
read this Notice as it explains:
·
What personal information
we collect about you. The information set out below may not all constitute your
personal information ;
·
Why we collect and use
your personal information and the legal bases we rely on;
·
Who we disclose your
personal information to;
·
Where we store your
personal information;
·
How long we keep your
personal information; and
·
Your rights regarding the
personal information you provide to us.
Amendments and updates to
this Notice may be made from time to time. Any revisions will be posted on the
Portal so you will always be aware of the information we collect and process.
Please review this page regularly so that you are aware of any changes. We will
also give retailers at least 15 days’ notice of any changes to this Notice, by
email or other durable medium.
1. Who are we? Data Controller and contact details
For the purposes of this
Notice, the data controller is The Buy and Sell Group Ltd (registered in
England and Wales under company registration number 06125541) and whose
registered office address is at The Buy and Sell Group Ltd, 7 Bell Yard,
London, WC2A 2JR.
References in this Notice
to "www.buyandsellanycar.co.uk" also apply to our sister channels on
the Site, including: www.buyandsellanybike.co.uk, www.buyandsellanyvan.co.uk, www.buyandsellanymotorhome.co.uk,
www.buyandsellanycar.com
If you have any questions
regarding the use of your personal information please:
Email us at: [email protected]
Or
Write to us at:
Data Protection, The Buy
and Sell Group Ltd, 7 Bell Yard, London, WC2A 2JR.
2. Information collected and how we use
it
Information may be
disclosed to us directly by you or we may collect this information from a third
party including a retailer that you are associated with or anyone else
representing that retailer and from other third parties and business partners
we work with.
Account
Creation and Administration
To create an account on
Portal, we will collect your name, email address, mobile phone number and
your chosen password. We will use your name and email
address to administer your account and to send you communications
about your account.
Legal basis:
·
* Contract
·
** Consent
·
**** Legitimate interest
Click here for an explanation regarding the legal basis.
More Information
We use your name
and email address to register your account and give you a login to
Portal, administer your account (including managing payments) and to send you service
communications and otherwise communicate with you in relation to your account.
We may also use your mobile phone number to send you urgent
service communications by SMS, where you have provided a mobile phone number
for this purpose. You can update your details by contacting your account
manager.
Provision
of Our products
As part of the advert
placement process on the Site, we will collect a name, telephone number and email
address and full postal address. Within your account you
can save and store vehicle details including make,
model, VRM (Vehicle Registration Mark) and mileage.
We will collect certain
bank details in order to take payment for our products together with other
information to administer your account.
Legal Basis:
·
* Contract
·
** Consent
·
**** Legitimate interest
·
*** Legal Obligation
Click here for an explanation regarding the legal basis.
More Information
In order to place an
advert and comply with legal requirements, we require contact details including full
postal address details for the retailer. These details are also
required for invoicing purposes.
A Vehicle
Registration Mark (VRM) is required to place an advert on the Site for
regulatory and security purposes. If a vehicle is registered to you, the VRM
may constitute your personal data. We will not disclose the VRM within the text
of an advert to any person except we will disclose the VRM to our provider of
vehicle checks, Experian Limited, in order to enable them to carry out a
vehicle check on a vehicle advertised on the Site at the request of a potential
buyer. If the VRM is displayed in photographs within an advert then these
details will be visible to Site visitors who may use them without
authorisation.
A retailer is required to
supply to us bank account details in order to enable us to set
up a direct debit. We retain no record of any payment card information but do
hold some tokenised payment details. We use third party payment providers to
manage online card payment transactions. Payment card information is collected
over a secure online payment gateway provided by:
·
Stripe - processed in
accordance with their privacy policy:
https://stripe.com/en-gb/privacy
All payment transactions
processed are encrypted. Your payment card information is used solely to
process payment for your advert. We retain no record of your payment card
details.
We may use your personal
information in order to enforce our contractual and legal rights (including to
collect payments due to us).
Communication
with us
When you communicate with
us, you may provide personal information to us such as your name,
address, contact details, organisation details (including job title and other
details contained in an email signature). We will use this in order to deal
with your communication.
Legal basis:
·
* Contract
·
** Consent
·
**** Legitimate interest
Click here for an explanation regarding the legal basis.
More Information
You may provide your
personal information to us for one of the following reasons:
·
To request information
about advertising with The Buy and Sell Group Ltd or about any of The Buy and
Sell Group Ltd products
·
To request support;
·
To utilise the The Buy
and Sell Group Ltd products;
·
To make a complaint or
enquiry;
·
To enquire about working
with us whether the enquiry is made by you personally or on behalf of an
organisation;
·
To register for and/or
attend an event or webinar
·
To enter a competition or
prize draw that we run;
·
To respond to a survey;
·
To comment/share/post on
any of our social media accounts or on our social media posts; and
·
In your social media
posts that you tag us in or use any of our hashtags in.
Chat/Text
Service
If you take part in the
chat or text service to communicate with visitors to our Site (Chat Service),
you may disclose personal information to such visitors while using the service
such as your name and your photograph. This
information will also be accessible to The Buy and Sell Group Ltd and the third
party provider of the Chat Service.
Legal Basis:
·
** Consent
·
**** Legitimate interest
Click here for
an explanation regarding the legal basis.
More Information
The Chat Service is
provided by a third party, Live Person Automotive and data they receive is
processed in accordance with their privacy policy: www.livepersonautomotive.com/policies/privacy-policy
All conversations and
email exchanges are recorded. Any personal information that you disclose during
a live chat, text or via an online form will be accessible to and processed by
Live Person Automotive and the person with whom you communicate. This
information is not available to or accessed by The Buy and Sell Group Ltd.
Additionally, the Chat Service provider may use computer infrastructure which
is situated outside of the European Economic Area (EEA) and the UK. [By using
the Chat Service, you acknowledge and agree that any personal information
disclosed while using the Chat Service will be processed and stored by the Chat
Service provider on its systems outside the EEA and the UK and protected by
adequate safeguards].
Dealer
Reviews
We offer the ability for
individuals to leave reviews of retailers and for retailers to respond to those
reviews (Review Service). The reviews will disclose a reviewer's name,
age and location and any other personal information
disclosed by a reviewer/responder.
Legal Basis:
·
** Consent
·
**** Legitimate interest
Click here for
an explanation regarding the legal basis.
More Information
Dealer reviews will show
across all of the relevant retailer's advertising on the Site. All reviews are
moderated and subject to our moderation rules (or those of our third party
provider) and content standards which state that personal information other
than name, age and location should not be
disclosed.
Administration,
development and monitoring of the Portal, our Site and products
To administer, maintain, develop and improve the Portal, our Site and products and to monitor the security of the same, we use your contact details and details of your activity on the Portal, the Site and interactions with us such as name, telephone number, email address and postcode, details of adverts you have published, searches you have made, products you have requested, details within your account (such as name, email address and an encrypted record of your login password) information relating to your interactions with us, device location and information collected through the use of cookies on Portal, the Site. For further information regarding our use of cookies and similar technologies see our CookiePolicy.
Legal Basis: (see Below)
·
** Consent
·
**** Legitimate interest
·
*** Legal Obligation
Click here for
an explanation regarding the legal basis.
More Information
We will use your contact
details such as name, telephone number, email address and postcode,
details of adverts you/the retailer have published, details within your Portal
account and details of your activity on the Portal and the Site and
your interactions with us in order to:
·
provide and administer
the Portal, the Site and the products you/the retailer have requested;
·
manage internal
operations, including troubleshooting, data analysis, testing, research,
statistical and survey purposes, and to develop the Portal, the Site and our
products.
·
provide a user friendly
online experience in Portal. This includes the use of website analytics tools
as described further in our Cookie Policy.
·
to detect and block
disruptive or fraudulent use of the Portal, the Site and any scams, fraudulent,
criminal or suspicious activity.
Marketing
and Business Development
We may use your name and email
address to send you marketing communications from time to time. We may
also use your personal information for internal business purposes including
business development.
Legal Basis:
·
** Consent
·
*** Legitimate interest
Click here for
an explanation regarding the legal basis.
More Information
We may send you marketing
communications from time to time and will usually do so on the basis of
legitimate interest. You have the option to unsubscribe from receiving these at
any time.
We may also use the
personal information you provide for internal business records and purposes,
including to analyse and develop our products and services, the Portal and the
Site.
The
lawful bases we rely on for processing your information
Under data protection
laws, we are required to have a legal basis to process your personal
information. We have set out below the legal bases we rely on:
·
(*) Contract: To
enter into a contract with you (where you contract with us individually e.g. as
a sole trader) and fulfil our contractual obligations to you. This processing
is necessary for us to provide the products you have requested including
registering and managing your account, publishing your adverts and providing
service updates and our support services.
·
(**) Consent: To
provide information and take actions in relation to products which you have
opted-in to receive. For further information regarding consent please see
below.
·
(***) Legal Obligation: Where
processing is necessary to enable us to comply with legal or regulatory
requirements. This may include cooperating with the police or Trading Standards
in relation to their investigations.
·
(****) Legitimate interest: Where
necessary for our legitimate interests or those of a third party. We rely on
this basis in order to monitor, protect and improve the Portal, our Site,
products and/or services, to manage your login and access to Portal, to process
payments and recover debts, to understand how visitors and customers use the
Portal, our Site, products and/or services, undertake market research and to
carry out and inform our general marketing, to run our business and maintain
the security of the Portal and our Site, products and/or services for you, us
and other visitors and users.
Consent
Where consent is required
for us to process certain types of your personal information, it must be
clearly given.
Where you have given
consent to us to process your personal information you may withdraw consent at
any time by emailing [email protected]. We will cease processing your personal information based on
that consent, but this does not affect any processing we have undertaken at any
time before withdrawal or other processing that we do where we have an
alternative legal basis. We will also maintain a record of your consent
withdrawal.
3. Disclosure of your information
We will not pass on your
personal information to third parties except as set out in this Notice or
otherwise with your consent:
We may use service
providers to help us run the Portal, the Site, our products or services
available on the Site, some of whom may be based outside the EEA and the
UK. These third parties (including those listed below) may have access to your
personal information. We require such service provides to have appropriate
safeguards in place to protect your personal information:
·
We provide retailers with
a call tracking product (provided by IOVOX). Retailers are provided with a
tracking number that they can include within an advert on the Site. Calls to
that number are tracked and, in some cases, recorded (recording can be switched
off by the retailer). We provide information to the retailer regarding calls
made to that number. The retailer remains the data controller of any
information collected during the call and The Buy and Sell Group Ltd will not
access this information.
·
In order to carry out
vehicle checks, we will disclose a VRM to our vehicle check provider, Experian Limited.
·
As a security measure, we
use 2 factor verification when you login to your account. We
send your mobile number and a code to a third party provider (IOVOX or Clickatel) who will send you a
code to enable you to login.
·
For some of our
retailers, the Review Service is provided by a third
party, Feefo Holdings Limited, and data they receive is processed
in accordance with their privacy policy: www.feefo.com/en/business/privacy-policy
We will also disclose
personal information to a third party as follows:
·
Where we are under a duty
to disclose or share your personal information with a third party in order
to comply with any legal obligation.
·
Where required in order
to enforce our terms and conditions and any other agreements. This
includes disclosure to our debt collection agency (Credit
Style Limited) to collect payment and instigate legal action on our behalf.
·
If we sell or buy
any business or assets, in which case The Buy and Sell Group Ltd may
disclose your personal information to the prospective seller or buyer of
such business or assets.
·
We may share your
personal information with our group companies.
·
We may share your
personal information with the retailer you are associated with/represent and
other group companies of the retailer. This may include sharing
information about a user’s activities on Portal or use of our products and/or
services, where we reasonably suspect such activities and/or use may be
disruptive, fraudulent, suspicious or otherwise in breach of our terms.
·
We may share your
personal information with other classified advertising sites, vehicle
manufacturers, bike manufacturers and relevant third parties to enable us to
provide you with the services and products that you have requested. In certain
circumstances, vehicle manufacturers (including Ford Motor Company Limited) or
bike manufacturers and other relevant third parties may subsequently transfer,
process and store your personal information outside of the European Economic
Area ("EEA") for their business and administration purposes. in
accordance with their own privacy policies. If you have queries or require more
information on how these third parties use information, including transfers
outside of the EEA, please read their privacy policies or contact them. We may
share any information that we collect with parties including: our legal
and professional advisors (including accountants and auditors), the police, law
enforcement and fraud prevention agencies, other public or private sector
agencies, governmental or representative bodies and regulators (which may
include HM Revenue and Customs, Trading Standards, Department for Work and
Pensions, Information Commissioner's Office, Financial Conduct Authority,
National Crime Agency), insurance companies, finance companies, automotive
advertising companies and/or other agencies, credit reference agencies for
the purposes of complying with our legal obligations, the prevention or
detection of fraud and offences, and/or the apprehension or prosecution of
offenders, in order to enforce our legal and contractual rights or those of a
third party.
·
You acknowledge that we
have a legitimate business interest in preventing the use of the Portal, our
Site, our products and services in any manner that may facilitate fraudulent
activity or deny consumers of their legal rights under the Consumer Protection
from Unfair Trading Regulations 2008 or the Consumer Rights Act 2015. We may
share any information that we collect about you or the vehicles that you
advertise for sale on our platform with regulators, law enforcement,
third parties or their legal representatives to the extent necessary to prevent
fraud or any adverse effect to those third parties consumer rights.
We are not responsible
for any use of your personal information by these third parties except where
they act as our processor.
4. Where we store your personal information
The Buy and Sell Group
Ltd will take all reasonable steps to ensure that your information is treated
securely and in accordance with this Notice. All information you provide to us
is stored securely and not transferred outside the UK or the EEA unless
specifically detailed in this Notice and/or unless such transfer is otherwise
permitted by data protection law.
We may use third party
service providers who may be located outside of the EEA and the UK and/or who
may store information outside of the EEA and the UK.
In particular, payment
card information and other information you provide when using a service that is
provided by a third party on our behalf is handled in accordance with the
relevant service providers’ privacy policies and may be transferred and stored
or processed by them outside of the EEA and the UK in accordance with their privacy
policies.
Where we transfer your
information outside of the EEA and the UK, we will only do so in accordance
with data protection law. We will ensure that safeguards are in place to
provide a similar degree of protection to protect it as are provided in the UK.
This may include contractual protections in place with our service providers or
transferring your information to countries or parties which are recognised as
providing suitable protection by the European Commission and/or the UK.
Certain parties to whom
we disclose your personal information may transfer your information outside of
the EEA and the UK after we disclose it to them as part of their business and
administration activities (see above, Disclosure of your information). We are
not responsible for any use of your personal information by these parties
except where they act as our processor. If you have queries or require more
information on how these third parties use your information, including such
transfers outside of the EEA and the UK, please read their privacy policies or
contact them.
Auto Trader uses strict
procedures and security features designed to prevent any unauthorised access to
your information that we hold.
5. How long do we keep your information
The Buy and Sell Group
Ltd will process personal information for as long as necessary to fulfil the
purpose we collected it for, including in order to host your account, provide
you with any products requested, for the purpose of legal, accounting and
reporting requirements, for the prevention and detection of criminal activity,
to enforce our legal and contractual rights and as long as necessary to comply
with our legal and regulatory obligations.
Where you have a login we
will retain your personal information used to administer your account and login
for as long as your login is live and for a period after your login is closed
to enable us to satisfy our legal, accounting and reporting requirements.
In some circumstances we
may anonymise your personal information (so that it can no longer be associated
with you) for research or statistical purposes in which case we may use this
information indefinitely without further notice to you.
6. Your rights as a data subject
Under data protection
law, you have the following rights in respect of any of your personal
information that we hold:
·
Right of Access
·
Right of Rectification
·
Right of Erasure/Right to
be forgotten
·
Right to Restrict
Processing
·
Right of Portability
·
Right to Object to
processing
·
Right to Complain
These rights are not
absolute and are subject to certain conditions and exemptions. These rights may
therefore not always apply.
More Information
You may be able to
exercise the following rights (subject to certain conditions and exemptions) in
relation to your personal information:
·
Right of access – you have the right to request a copy of the information
that we hold about you.
·
Right of rectification – you have a right to correct information that we hold
about you that is inaccurate or incomplete.
·
Right or erasure – in certain circumstances, you can ask for the
information we hold about you to be erased from our records.
·
Right to restrict
processing – where certain
conditions apply, you have a right to restrict the processing.
·
Right of portability – in certain circumstances, you have the right to have the
information we hold about you transferred to another organisation but this only
relates to personal information we hold about you.
·
Right to object – you have the right to object to certain types of
processing such as direct marketing, automated processing or profiling.
·
Right to complain to the
supervisory authority – you have the
right to complain as outlined below.
Please email admin@thebuyandsellgroup.co.uk if you have any queries regarding your rights or would
like to exercise any of your rights. All of the above requests will be
forwarded on should there be a third party involved (as set out in this Privacy
Notice) in the processing of your personal information and that third party is
the controller. In particular, we are not responsible for any processing of
your personal information that is carried out by the retailer that you are
employed/engaged by or otherwise associated with.
7. Complaints
If you wish to make a
complaint about how your personal information is being processed by The Buy and
Sell Group Ltd or how your complaint has been handled, we would like the
opportunity to discuss this with you and try and resolve the matter. Therefore,
in the first instance we would ask that you please:
Email your concerns
to: [email protected]
Or
Write to us at:
Data Protection, The Buy
and Sell Group Ltd, 7 Bell Yard, London, WC2A 2JR
You also have the right
to lodge a complaint directly with the UK supervisory authority which is the
Information Commissioner’s Office and can be contacted via the details at www.ico.org.uk.
Staying safe online
Our 2-Factor verification process
Our 2-Factor verification process will help protect you and your account by providing 2 layers of security, the first is something you know (e.g. your password) and the second is something you have (e.g. your phone). If someone gets hold of your password, then they would also need your phone in order to get into your account.
As part of the sign-in process, you will be asked to verify yourself through a single-use unique code which will be sent to your mobile.
If you access Dealer Portal from another computer, you will need to verify yourself again through a new code so we know it’s you and not someone trying to access your account. Fraud prevention
If you access Dealer Portal from another computer, you will need to verify yourself again through a new code so we know it’s you and not someone trying to access your account.
Fraud prevention
Buy and Sell Any Group Ltd employs a dedicated full time Customer Security team who work continuously in the background to minimise the risk of fraudulent activity.
The team are available to contact if you have any questions about staying safe online or have any security concerns.
How to contact our security team:
You can email us: [email protected]
Or call us: 08000 622 141
Our offices are open Monday to Friday 9am to 5pm (excluding bank holidays)
Write to Us at: 7 Bell Yard, London, WC2A 2JR
How to Protect Yourself
Stay safe online and whilst using your account with the following security tips. There are many ways to stay safe online, so we’d recommend you also consult some of the industry links further down this page for detailed and up to date security advice from leading experts.
Look for a verified web address
When you arrive at Dealer Portal, you’ll notice that the company name, Buy and Sell any Group Ltd has a padlock before the https://. This shows that Dealer Portal has an extra level of security included called an EV-SSL which is only awarded to businesses that that can be verified through a secure authentication process to establish their legitimacy and ownership.
This is especially important if you have received any communication (this could be an email, online, call or text) that appear to be from The Buy and Sell Group Ltd which contain a link to Dealer Portal. Before you enter any login information, make sure the site is the genuine The Buy and Sell Group Ltd web URL and you can see the padlock.
Staying up-to-date
Making sure you have an up to date web browser, software and operating system is imperative. With the release of each new browser, software or operating system, previous vulnerabilities and security flaws are ironed out. Therefore, it is essential that you keep yours up to date. Browsers are simple to update and only take a few moments to download.
Password safety
Make passwords long and strong: make sure your password is at least 10 characters in length and made up of a combination of letters (upper and lowercase), numbers and symbols. Avoid using shared log in details, ensuring that each member of staff has their own login credentials.
Get online security software for your business
Online security is everyone’s responsibility, are you doing enough to keep your business secure? Make sure you have appropriate anti-virus and anti-phishing software and that you keep it up-to-date.
If you’re worried that you may have received a scam email or text, please forward these directly to our dedicated customer security team, then delete it immediately. If you’re concerned about security, please contact our security team who will be happy to help.
We’ve provided you with some key information relating to your use of www.buyandsellanycar.co.uk, but online security is constantly evolving, and we’d encourage you to reference the below bodies who can provide up to date industry information to help you keep your business safe.
Vehicle safe trading advisory group
VSTAG is a partnership between the UK’s leading online car sales companies and the police to help protect both buyers and sellers of pre-owned vehicles from fraud during the online vehicle transaction process.
www.vstag.co.uk
Get safe online
Get safe online is the UK’s leading source of unbiased, factual and easy-to-understand information on online safety. It provides practical advice along with the latest news and tips for staying safe online. It is supported by HM government and many leading businesses.
www.getsafeonline.org/business
Action Fraud
Action Fraud is the national fraud and cyber crime reporting centre, run by the City of London Police alongside the National Fraud Intelligence Bureau (NFIB).
www.actionfraud.police.uk/business-protection
Complaint Handling Policy
We want your experience to be
positive, so if something’s wrong then we want to hear from you.
Contact us;
You can email us: [email protected]
Or call us: 08000 622 141
Our offices are open Monday to
Friday 9am to 5pm (excluding bank holidays)
Head Office Address: 7 Bell
Yard, London, WC2A 2JR
We will endeavour to respond to
your complaint within 4 working days.
Last updated: 3rd March 2022
Terms of use
Access to the Website is subject to the following terms of use.
By
accessing the Website (www.buyandsellanycar.co.uk), you accept all terms of use
that apply to the facilities and services provided. We reserve the right to
alter these terms of use at any time and it is your obligation to check
regularly if changes have been made. Use of the Website after changes are
posted on-line constitutes acceptance of any new terms of use.
In
these terms of use: "we/us/our" means The Buy and Sell Group Ltd;
"Website" means the Website www.buyandsellanycar.co.uk;
"you"/"your" means the user of the online services.
Access to our Website is permitted on a
temporary basis, and we reserve the right to withdraw or amend the service we
provide on our Website without notice (see below). We will not be liable if for
any reason our site is unavailable at any time or for any period.
From
time to time, we may restrict access to some parts of our Website, or our
entire Website, to users who have registered with us.
By using the Website to search for vehicles,
you agree that you will only use, reproduce and print materials comprising the
results of such searches for your own personal, non-commercial purposes. You
must only use the contact details provided by private advertisers to contact
them in connection with a genuine enquiry relating to the purchase of the
vehicle in question.
Pages
contained in the Website may contain technical inaccuracies and typographical
errors. The information in these pages may be updated from time to time and may
at times be out of date. We do not accept responsibility for keeping the
information up to date or liability for any failure to do so.
The
material on the Website is only for information purposes. It does not
constitute advice and you should not rely on any material on the Website to
make (or refrain from making) any decision or take (or refrain from taking) any
action.
The
Website contains material submitted and created by private and trade dealers
and other third parties. We exclude all liability for any illegality arising
from or error, omission or inaccuracy in such material.
We
give no warranties, conditions, guarantees or representations, express or
implied, as to:-
1.
The completeness or accuracy of the advice
and information contained on the Website or any associated website;
2.
The content of the advertisements for
vehicles included in our database, including but not limited to the ownership,
quality, authenticity of a vehicle or the content more generally including any
photographs, compliance with description or fitness for purpose of any such
vehicles. Whilst we use reasonable efforts to identify and remove fraudulent
advertisements, we cannot guarantee to identify all fraudulent advertisements
on the Website.
3.
The results of any search of our database or
circumstances where there is a limited number of vehicles selected by the
search on our database which might meet the searcher's requirements.
The Website publishes advertisements placed
by third parties to advertise their vehicles and other goods and/or services.
We do not own the vehicles or goods advertised for sale on the Website and have
no liability for these or for any losses that you may incur as a result of
purchasing a vehicle, goods and/or any services advertised by third parties. If
you choose to purchase a vehicle, goods and/or services advertised for sale by
third parties on the Website, the contract will be between you and the third
party advertiser and not with us. You are responsible for taking steps to
safeguard you and your money before contacting a seller and/or making a
purchase. Advice on buying a car safely is provided on our website. If you see
anything suspicious please or believe an advertisement to be fraudulent, please
report it to us immediately so we can investigate into this.
All rights, including copyright, in the
content of the web pages, in the photographs of any vehicles displayed on the
Website and all database rights in our database of vehicles, are owned or
controlled for these purposes by us.
All
trademarks, names and logos are the proprietary marks of buyandsellanycar.co.uk
or of our associated companies. Marks identifying third parties are owned or
licensed by those third parties or their associated companies. No conditions
within these terms use confers on you any licence or right under any
trademarks, names or logos.
We
are not liable for failure to perform any of our obligations under these terms
of use caused by matters beyond our reasonable control.
Unless,
by exemption permitted within these terms of use, you may not copy, reproduce,
redistribute, download, republish, transmit, display, adapt, alter, create
derivative works from or otherwise extract or re-utilise any of the contents of
the Website. In particular, you must not cache any of the contents for access
by third parties, nor mirror or frame any of the content of the Website nor
incorporate it into another website without our express written permission.
Any
information belonging to the Driver and Vehicle Licensing Agency (“DVLA”) which
is made available on the Website (“DVLA Information”) is made available for your
personal use only whilst visiting the Website. You agree not to use the DVLA
Information for any commercial or business purposes. You may print one copy of
the DVLA Information for future reference but you must not otherwise reproduce
or redistribute the DVLA Information (whether on its own or as a component part
of any other product, service or material). You agree that you will not use the
DVLA Information for any unlawful purposes or in a way which infringes the
intellectual property rights of the DVLA or any other third party.
The material displayed on our Website is
provided without any guarantees, conditions or warranties as to its accuracy
and as otherwise excluded in these terms of use. You understand and acknowledge
that in using the Service, you may be exposed to Content that is factually
inaccurate, offensive, indecent, fraudulent or otherwise objectionable to you.
You agree to waive, and hereby do waive, any legal or equitable rights or
remedies you have or may have against us with respect to any such Content.
To
the extent permitted by law, we, other members of our group of companies and
third parties connected to us hereby expressly exclude:
All
conditions, warranties and other terms which might otherwise by implied by
statute.
Any
liability for a direct, indirect or consequential loss or damage incurred by
any user in connection with our Website or in connection with the use,
inability to use, or results of the use of our Website, any websites linked to
it and any materials posted on it, including without limitation any liability
for:
-
Loss of income or revenue;
-
loss of business;
-
loss of profits or contracts;
-
loss of anticipated savings;
-
loss of data;
-
loss of goodwill;
-
wasted management or office time; and
- for
any other loss or damage of any kind, howsoever arising and whether caused by
tort (including negligence), breach of contract or otherwise, even if
foreseeable.
This
does not affect our liability for death or personal injury arising from our
negligence, nor our liability for fraudulent misrepresentation or
misrepresentation as to a fundamental matter, nor any other liability which
cannot be excluded or limited under applicable law.
We
will need to carry out routine maintenance and servicing of our servers and
equipment from time to time. While we will seek to keep disruption to a minimum
we cannot guarantee that the Website will be continuously available on-line. We
therefore provide the Website on an "as is" and "as
available" basis.
We
make no warranty that the Website (or associated Websites) is free from
computer viruses or any other malicious or impairing computer programs. It is
your responsibility to ensure that you use appropriate virus checking software.
We
are not liable for any failure to perform any of our obligations under these
terms of use caused by matters beyond our reasonable control.
The Website contains hypertext links to
websites that are not operated by us or by our associated companies. We do not
control such websites and are not responsible for their content. Our inclusion
of hypertext links to such websites does not imply any endorsement of the
material contained on the websites or of the owners.
You may establish a hypertext link to the
home page of the Website, without the need for our written consent, provided
there is no implied endorsement or sponsorship of you, your company or your
website by us
To gain access to certain services on the
Website you will need to register (free of charge). As part of the registration
process, you will be given a username and password. You agree that the
information supplied with your registration will be truthful, accurate and
complete. You also agree that you will not attempt to register in the name of
any other individual nor will you adopt any username which we deem to be
offensive. All personal information supplied by you as part of the registration
process will be protected in line with our Privacy Policy.
We provide the vehicle history checks and the
‘Basic Checks’ (together, the ‘checks’) subject to these terms of use. The
checks are produced using data from Experian Limited (“EXPERIAN”).
The
checks are provided for your personal use only. You agree not to use the checks
for any commercial or business purposes. You may print one copy of the check
for future reference but you must not otherwise reproduce or redistribute the
check. You agree that you will not use the checks for any unlawful purposes or
in a way which infringes the intellectual property rights of Experian or any
other third party.
The
checks are provided for information purposes only. They do not constitute
advice and you should not rely on the checks to make any decision or take any
action. Neither us nor Experian give any warranties, conditions, guarantees or
representations (express or implied) as to the completeness or accuracy of the
checks. To the extent permitted by law, we and Experian exclude any liability
for any direct, indirect or consequential loss or damage incurred by any user
in connection with a check.
The
word “EXPERIAN” and certain other words and images are trademarks of Experian
Limited and/or its associated companies and may be registered in the EU, USA
and other countries.
We reserve the right to assign or subcontract
any or all of our rights and obligations under these terms of use to a third
party. If we exercise this right, we shall name the assignee or subcontractor
on the Website and you will be entitled to terminate the account within 5
working days. You may not without our prior written consent assign or dispose
of any rights or obligations arising under these terms of use.
These
terms of use of access together with our privacy policy contain the entire
agreement and understanding between the parties relating to the Website, and
supersede any and all prior agreements, arrangements, statements and
understandings, except for any fraud or fraudulent representation by either
party. We exclude all representations and warranties relating to access to use
of the Website, whether they are statutory or otherwise, as far as is possible
by law.
Our
services are not suitable for those under sixteen years of age and, as such, by
using our Website you represent that you are at least sixteen years of age.
Persons who are at least sixteen years of age but under the age of eighteen
years of age may only use the Website with legal parental or guardian consent.
If
any of these terms of use shall be held to be invalid or unenforceable, it
shall not affect the enforceability of any of the remaining provisions.
These
terms of use shall be governed by and in accordance with English law and
subject to the exclusive jurisdiction of the English Courts.
If
you do not agree to obey these terms of use you must stop using the Website
immediately.
All correspondence relating to the Website
should be sent to:
Post:
The Buy and Sell Group Ltd, 7 Bell Yard, London, WC2A 2JR
Email:
[email protected]
Telephone: 08000 622 141
Operating Hours: Monday - Friday: 9am - 5pm (excluding
bank holidays)
Registered office: The Buy and Sell Group Ltd,
7 Bell Yard, London, WC2A 2JR
Registered
in England with company number 06125541
No, you are only able to sell one
vehicle per advert. If you wish to sell another vehicle, you will need to
purchase a new advertising package.
It's great to hear you wish to sell
your vehicle with us.
We have made this really simple with
a step by step guide through your online selling journey.
Firstly
please click Here to start your advert journey.
Please remember to add as many photos
as your package includes, this will let potential buyers see a full 360-degree
view of your vehicle.
We wish you the best of luck with the
sale of your vehicle!
Firstly, tell the DVLA that you no
longer own the car, this is really easy to do; just tear off the section at the
bottom of V5C (registration document) and send to DVLA. You can also do this
online by clicking here.
At the same time, give the top part
to the buyer, along with any other relevant paperwork you have. This should
include MOT certificates, logbook, receipts etc.
If there’s any outstanding warranty
on the car, you'll also need to let the company know that you have sold the
car. And, last, but not least, remember to tell your insurers that you no
longer own the car.
Remember
when giving a invoice for the sale, make a note on the invoice of the time,
date, name and address, make two copies, one for yourself and give one to the
buyer.
Although selling a car is enjoyable,
there can be quite a bit to prepare for. So to help you do this, our
experts have put together a short video covering all angles from the paperwork
& documentation needed, right through to washing the vehicle and taking
quality images
Unlike most car selling website, we
allow you to add a youtube video to your advert on all our packages.
Simply copy and paste the Youtube URL
from the address bar into your advert. A great way of showing buyers your
vehicle virtually!
To view your payment invoice and VAT
information please visit your account. This can be viewed under the 'Payment
history' tab and printed off to keep for your records.
We understand that it's exciting
waiting for those potential buyers to locate your vehicle.
You can locate your advert views at
any point during your advertising period. These can be found in the
'performance' section of your advert.
To ensure we provide a true
reflection of your advert views, we update these every 24 hours. Please don't
worry if you are not seeing any advert statistics in the first 24 hours. Those
potential buyers will be seeing your vehicle in the search listing
results.
Please use a JPG or PNG file.
Yes, of course you can! Just before
you get to the payment stage there will be a round 'Preview' button like the
one below. Click this to see what your advert will look like to potential
buyers.
We recommend uploading the maximum of
20 images. Customers who have 20 photos are likely to increase their
advert views
Please note: our silver package are
limited to 15 images.
If you're having
trouble uploading photos, try these troubleshooting tips:
o Check your image is under 10mb. You
may need to use an image editing software to resize your images if they're too
large
o Check your internet speed. If you're
using a slower internet connection, it may take several minutes for your images
to upload
o Make sure our site isn't blocked. You
may need to whitelist our website in your adblock or anti virus software
If
you are still experiencing trouble, kindly send your images along with your
vehicle registration to [email protected] and a member of our team will upload
them as soon as possible.
From 1st
October 2017, the current CAT C and Cat D? categories for crash damaged cars will be
replaced with new categories, CAT S and CAT N.
These categories will only be applied
to vehicles that are uploaded after the change comes into effect.
Vehicles that are currently on our site and categorised CAT C or CAT D will not
change.
Category N — Cat N, for short —
is a description used by insurance companies to describe the level of damage to
a vehicle they have written off.
A Cat N vehicle has suffered
some damage, probably in an accident, but not to its structural frame or
chassis. The insurance company that handled the claim decided that repairing
the vehicle would have cost more than replacing it.
Insurers often sell Cat N
vehicles on for salvage. Many are also safely repaired and returned to the
road.
Category S — Cat S, for short —
is a description used by insurance companies to describe the level of damage to
a vehicle they have written off. A Cat S vehicle has specifically suffered
damage to its structural frame including its chassis, probably in an accident.
The insurance company that
handled the claim decided that repairing the vehicle would have cost more than
replacing it. Insurers often sell Cat S vehicles on for salvage. Many can
be safely repaired and returned to the road.
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