Terms & Conditions

Seen A Car Limited

Terms and Conditions of Use

This agreement applies as between you, the user of this website and Seen A Car Limited, the owner(s) of this website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the website. If you do not agree to be bound by these Terms and Conditions, you should stop using the website immediately.

WHILST YOU SHOULD READ ALL OF THESE TERMS AND CONDITIONS, YOUR ATTENTION IS SPECIFICALLY DRAWN TO PARAGRAPH 2 AND PARAGRAPH 8 WHICH INCLUDE IMPORTANT INFORMATION ABOUT THE ROLE OF SEEN A CAR LIMITED, THE LEGAL REGULATIONS RELEVANT TO THE PRODUCT, AND SEEN A CAR LIMITED'S LIABILITY IN RESPECT THEREOF.

1 Our service

Our website provides an exciting and convenient way to facilitate the buying and selling of motor vehicles by private individuals. The website is operated by Seen A Car Limited. We provide an online facility through which private individuals can advertise and customers can view motor vehicles that are for sale ('the Services'). It is important that you read and understand these terms before using the Services. By accessing or using the Services, you agree to be legally bound by these terms, as they may be modified from time to time.

We reserve the right to change these terms at any time. Amendments will take effect when posted on our website.

2 Our role

Our site is a place for sellers to advertise their motor vehicle(s) and for customers to view the sale particulars and, where appropriate, contact the seller and negotiate a purchase. We do not have and never intend to have any contractual involvement in your transactions and at no stage do we buy or sell or purport to buy or sell any of the motor vehicles displayed on our site. Any disputes between buyers and sellers are just that, we will not become involved. You must therefore take the utmost care to screen the parties with whom you deal. We will not screen the parties or motor vehicles on your behalf and this is a feature of the relationship between you and us that you willingly accept. Should any of the motor vehicles displayed on the website and subsequently sold by the seller and user of the website prove unsatisfactory, Seen A Car Limited cannot be held responsible in any way due to the absence of our contractual participation in the transaction.

3 Registration

3.1 You are required to register with us by completing the registration form on our home page and submitting it to us. Only adults (i.e. those aged 18 and over) are entitled to enter into legally binding contracts and as a result are the only people entitled to use the Services. Any other individuals who are unable to form legally binding contracts are also prohibited from using the Services. If you do not qualify, do not use the Services. By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or older and capable of forming a legally binding contract.

3.2 On occasions certain individuals and members will be refused access to the Services. Such suspensions shall be within our sole discretion.

3.3 A fundamental part of the Services is the "AutoCheck” which is designed to give users of the Services some comfort in respect of the history of the vehicles being sold on the site. Our research shows that a sale is much more likely if a potential buyer has the confidence that this information provides. Your completion of the registration process (and, in particular, provision of the registration number of the vehicle you intend to list) confirms your consent to us requesting the following information at no additional cost to you from a third party:
    a)    Vehicle Details (Make, Model, Colour, Engine, Number of Doors);
    b)    Confirmation of whether the vehicle is recorded as stolen;
    c)    Confirmation of whether the vehicle has been recorded as written off or scrapped;
    d)    Confirmation of whether the vehicle has been imported or exported;
    e)    Confirmation of the number of owners;
    f)    The vehicles tax band;
    g)    The vehicles CO2 Rating;
    h)    Details of any number plate changes for the vehicle.

This information is obtained from a third party and Seen A Car Limited accepts no responsibility or liability howsoever

4 Information you provide

4.1 You grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free licence to use any information you provide to us or other users of our services, for example, during the registration, listing or bidding process.

4.2 Such information shall be legal, decent, honest and truthful, shall not infringe any third party's rights, shall not contain any viruses or other malicious computer programming routines and shall not link to any other websites. Without limiting the above, all information you provide shall be accurate and complete and all registration details shall contain your correct name, address, credit or debit card number and other requested details.

5 Security

5.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of any email verification number and password which may be given to or selected by you for use on our site. You may not share these with or transfer them to any third parties. You must immediately notify us of any unauthorised use of them or any other breach of security regarding the Services.

5.2 We use third party services to secure and protect your credit card information and assist your experience. However, any losses incurred or sustained by you in transmitting information shall be borne solely and exclusively by you and in no event shall any such losses in whole or in part be borne by us. If you are using a public computer, you must sign out when you have finished shopping.

6 Availability of site

While we will use all reasonable endeavour to make our Services and website available, we cannot guarantee that they will operate continuously or without interruptions. This could affect bidding or other aspects of an auction or sale.

7 General rules governing listing and advertising on the website

7.1 In relation to all motor vehicles you offer for sale through the Services:

7.1.1 you must be the absolute unencumbered legal owner with the right to sell those motor vehicle(s); and

7.1.2 your sale or the use of the motor vehicle(s) must not infringe any third party rights or be unlawful in any way.

7.2 If advertising for sale, you must use accurate and appropriate descriptions and provide such information as we may request.

7.3 A motor vehicle advertised for sale on the website may be advertised on the website until it is either withdrawn by you or we receive written notice via fax or email from you that you wish us to remove it. However, in order to maintain the accuracy and integrity of the website and avoid motor vehicles being advertised for sale when they have already been sold, you will be asked by email every 30 days to renew your advert. In the event that you do not renew your advert in accordance with the process as set out by us within 60 days of receipt of a renewal reminder, we retain the right to permanently remove your advert from the website without liability to you. 

8 Sellers Packs and Use of Selling Tools - Compliance with legislation and limitation of liability

IMPORTANT: PLEASE READ THIS PARAGRAPH CAREFULLY BEFORE USING YOUR SELLERS PACK, SELLING TOOLS OR THE WEBSITE

8.1 We provide prospective sellers of their motor vehicles with the tools required to advertise their motor vehicle for sale in a professional manner. The tools required are contained within our Sellers Pack which is available for purchase from the website or from our network of retailers.

8.2 The Sellers Pack contains advertising materials to enable you to physically advertise your motor vehicle for sale whilst it remains in your possession, ownership and use ("Selling Tools"). The Selling Tools include car stickers and windscreen display materials. There is legislation effective in the UK (primarily the Road Vehicles (Construction and Use) Regulations 1986) intended to ensure that any product such as the Selling Tools should not be used in such a way as to affect the safety of the vehicle. Anything which potentially affects the vision of the driver of a motor vehicle has the potential to affect its safety. It is therefore critical that you follow the instructions and user guidelines found within your Sellers Pack. As there are a huge variety of motor vehicles it is also important that you use your common sense and do not use the Selling Tools in such a way as to potentially inhibit the safety of the motor vehicle. Seen A Car Limited will not be held responsible for any use of the Selling Tools which is not strictly in accordance with the Sellers Pack instructions and this clause 8.2.

8.3 The current UK MOT testing procedure includes an examination of the driver's field of vision including the availability of a rear view mirror (click on the following link for details http://www.transportoffice.gov.uk/crt/doitonline/bl/mottestingmanualsandguides/mottestingmanualsandguides.htm ) and the driver's forward facing view (click on the following link for details http://www.transportoffice.gov.uk/crt/doitonline/bl/mottestingmanualsandguides/mottestingmanualsandguides.htm ). If the Selling Tools are used incorrectly, they may result in a motor vehicle's MOT failure. Seen A Car Limited accepts no responsibility whatsoever for such failures.

8.4 The advertising of a motor vehicle for sale on a public road is subject to the provisions of the Clean Neighbourhoods and Environment Act 2005 (click on the following link for details http://www.legislation.gov.uk/ukpga/2005/16/section/3). It would be contrary to this legislation for you to leave 2 or more vehicles for sale on a road within 500 meters of each other. An offence is only committed if you are "acting for the purposes of a business selling motor vehicles". The Sellers Pack is specifically not intended for such use and Seen A Car Limited accept no responsibility for any liability howsoever incurred by you in contravention of this legislation.

8.5 The advertising of a motor vehicle for sale may also be subject to local bye-laws enforceable by the appropriate local authority. Such bye-laws are by there very nature geographically distinct and Seen A Car Limited cannot therefore accept any responsibility in the unlikely event that the Selling Tools contravene any such bye-laws. The bye-laws relevant to your geographical location should be available from your local authority.

9 Payment and right of cancellation

9.1 The only payment due to Seen A Car Limited is the payment for your Sellers Pack. These can be purchased through the website or through one of retail distributors. Once you have purchased your Sellers Pack, you must follow the instructions and guidelines therein.

9.2 We make no representation and accept no liability whatsoever to any buyer or seller in respect of the issuance or validity of any exportation or importation permits or the existence and exercise of exportation or importation regulations or any compulsory purchasing regimes.

9.3 If you have purchased your Sellers Pack through the website, you may cancel your order at any time up to the end of the seventh working day from the date upon which it is received by you. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. To cancel you must notify us in writing.

9.4 If you have received the Sellers Pack before you cancel your contract then you must send it back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the Sellers Pack for delivery you must not open the Sellers Pack when it is received by you and you must send it back to us at our contact address at your own cost and risk as soon as possible.

9.5 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the Sellers Pack in question is returned by you and received by us in the condition it was in when delivered to you. If you do not return the Sellers Pack delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the Sellers Pack from the amount to be re-credited to you.

10 Privacy policy

We take privacy issues seriously. Our current privacy policy covers our use of any information you provide. In using our Services you acknowledge and agree to be bound by the terms of our privacy policy.

11 Termination

Seen A Car Limited has in its sole discretion the right to issue a warning, temporary suspension, or an indefinite suspension and termination of your rights to use our Services if you:

11.1 act inconsistently and in breach of these terms and conditions;

11.2 at any time violate or attempt to violate any rights of any other user of the Services or third party;

11.3 are engaged in any fraudulent activity; or

11.4 fail to make any payments due to us in accordance with these terms.

11.5 advertise a vehicle for sale which is of CAT A, CAT B, CAT F, STOLEN or SCRAPPED.

12 Compliance with laws

You agree to comply with all applicable laws, statutes and regulations (including but not limited to those referred to in paragraph 8 above) concerning your use of the Sellers Pack, Selling Tools and the website.

13 General release

13.1 As discussed, we act merely as an introductory service providing a forum allowing sellers and buyers to come together, the former to advertise motor vehicle(s) and the latter to view the sales particular and, if appropriate, contact the seller directly toi negotiate a purchase.

13.2 Therefore we have no control whatsoever over the quality, legality or safety of any advertised items or of any other characteristics upon which a buyer may rely, the accuracy of any of the advertisements on the website and the capacity of any seller or any buyer to transact.

13.3 In recognition of the nature of the Services, you waive any claim you may have against us that is in any way connected with a dispute you have with another user of our Services and website and you agree to indemnify us for any losses or liability we suffer as a result of any claim against us by another user or any other third party as a result of your such use or in relation to your dealings with such other user or third party. This waiver and indemnity shall not apply in the event of any fraud or willful misconduct by us.

13.4 Your acceptance of these terms and conditions also acts as a general release of Seen A Car Limited (and all of their officers, directors, agents and employees) from any liability for any claims, loss, and damages (both direct and indirect, including loss of profits, goodwill and business opportunity) arising out of or in any way connected to your use of the Services and our website.

13.5 In addition, we make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published on our website. From time to time our site may contain technical inaccuracies or typographical errors. All liability of Seen A car Limited howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

13.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

14 Trade marks

Seen A Car Limited is the proprietor of the SeenACar trade mark and get-up. All other trade marks, product names and company names or logos cited herein are the property of their respective owners. No permission is given by Seen A Car Limited in respect of the use of any such brand names, product names or titles or copyrights and such use may constitute an infringement of the holder's rights.

15 Notices

Except as otherwise stated, any notices you wish to send to us should be e-mailed to phil@seenacar.com). Any notices that we may wish to draw to your attention will be displayed on our website.

16 Applicable law

Each and every transaction carried out on or as a result of the Services is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English law. The terms of this charter (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto.

17 Events beyond our control

Seen A Car Limited will not be in breach of this agreement or otherwise liable for any delay in performance if to the extent that any delay or failure is due to the circumstances beyond its reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

18 Invalidity

If any part of the terms of this charter is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

19 Entire agreement

This agreement, together with any document expressly referred to within its provisions, contains the entire agreement between us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

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