This Agreement is made between you and the car purchaser (“we”, “us” and “our”) named in your order confirming the Purchase (“Order”). You hereby confirm and agree with us that we shall handle the purchase of your car (“Purchase”) subject to the terms and conditions in this agreement (“Purchase Agreement”) following your acceptance of the quote given by CarTakeBack.com Limited on our behalf (“Quote”).
In entering into the Purchase Agreement with you we act via our appointed agent, CarTakeBack.com Limited (“CarTakeBack”). CarTakeBack is not a party to the Purchase Agreement and is not liable for any breach of it by either you or us.
Please read these terms carefully. They tell you how we will purchase your car, how you and we may end the Purchase Agreement, and other important information.
1.1. These are the terms and conditions on which we purchase your car from you. By accepting the Quote, you agree to accept these terms and conditions.
1.2. We shall have the right to make any changes to the terms upon which we purchase your car which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the manner in which we purchase your car, and we shall notify you in any such event.
1.3. You can contact us by telephoning or by writing to us using the contact details set out in the Order.
1.4. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to CarTakeBack. When we use the words “writing” or “written” in these terms, this includes emails.
1.5. In some areas you will have different rights under this Agreement depending on whether you are a business or consumer. You are a consumer if:
(a) you are an individual; and
(b) you are agreeing to the Purchase wholly or mainly for your personal purposes (not for use in connection with your trade, business, craft or profession).
If you do not satisfy the above conditions, for example because you are entering into the Purchase in connection with your trade, business, craft or profession, you will be a business customer.
1.6. We may revise these terms at any time by amending this page. Please check this page from time to time to take notice of any changes we make, as they are binding on you. These terms were last updated on 17/01/2024.
2.1. Your Order is submitted when you accept our Quote. Our acceptance of your Order will take place when we email you to accept it, at which point the Purchase Agreement will come into existence between you and us.
2.2. WHERE YOU ARE A BUSINESS CUSTOMER, these terms and conditions apply to the Purchase Agreement to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.3. If we are unable to accept the Order, we will inform you accordingly. This might be because of unexpected limits on our resources which we could not reasonably plan for, or because a credit reference which has been obtained for you does not meet our minimum requirements or because we have identified an error in the Quote.
3.1. The Website Terms tell you the terms of use on which you may make use of the site CarTakeBack.com, whether as a guest or a registered user.
3.2. The App Terms tell you the terms of use on which you may make use of the CarTakeBack App, whether as a guest or a registered user.
3.3. The Cookie Policy sets out information about the cookies used on the site CarTakeBack.com.
3.4. Privacy Policy sets out the basis on which any personal data collected from you, or that you provide to CarTakeBack, on the CarTakeBack.com site, the CarTakeBack App or otherwise will be processed by CarTakeBack, including its transfer of your personal data to third parties like us. It will also inform you of your privacy rights and how the law protects you.
As outlined in its Privacy Policy, CarTakeBack may share your personal information with us if necessary, to enable us to provide you with a Quote and/or to carry out the Purchase under this Agreement.
4.1. Privacy and protecting personal information are important to us. Any personal information that you provide to us, or that we obtain from CarTakeBack, will be used for lawful purposes and in accordance with our privacy policy. Our privacy policy explains what personal information we collect from and about you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about our use of your personal information.
4.2. Our privacy policy is available on our website and/or on request by telephoning or by writing to us using the contact details set out in the Order. Please note that our privacy policy is distinct from CarTakeBack’s Privacy Policy.
4.3. We do not collect any special categories of personal data about you (such as details about your race or ethnicity, religious of philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, genetic or biometric data). Nor do we collect any information about criminal convictions or offences.
4.4. If you don’t provide us with your personal information when requested and we need to collect it by law, or under the terms of this Agreement, we may not be able to purchase your car. In this case, we may have to cancel the Purchase (and Clause 14 will apply), but we will notify you if this is the case at the time.
5.1. You undertake and agree that the following conditions must be satisfied when you enter into this Purchase Agreement and at the time the Purchase is completed:
(a) the terms of the Order and any other statements and representations made by you are complete and accurate;
(b) you have the legal and beneficial right to dispose of your car and are able to enter into the Purchase Agreement;
(c) you have the right, power and authority and have taken all action necessary to execute and deliver and to exercise your rights and perform your obligations under the Purchase Agreement;
(d) your car bears its proper Vehicle Identification Number (VIN) and registration mark, and it does not have a personalised registration that you wish to retain;
(e) the odometer reading (mileage) of your car is, to the best of your knowledge, accurate and has not been tampered with;
(f) you are the sole owner of your car and your car is free of all third-party interests, such as charges or encumbrances, and is not subject to any hire purchase or loan agreement;
(g) you have been given a reasonable opportunity to remove any personal possessions from your car; and
(h) we have been given a reasonable opportunity to examine your car and confirm that its condition and location are as stated by you at the time you entered into the Purchase Agreement,
and you undertake and agree that you will:
(i) co-operate with us in all matters relating to the Purchase;
(j) in the event that we arrange to collect your car, provide us, our employees, agents, consultants and subcontractors, with access to your premises and other facilities as reasonably required by us in order to collect the car; and
(k) provide us with such information and materials as we may reasonably require in order to complete the Purchase, and ensure that such information is accurate in all material respects.
5.2. If you fail to comply with any of your obligations set out in Clause 5.1:
(a) we will have the right to suspend the Purchase until you remedy your default, and will not be responsible for performing this Agreement to the extent that your default prevents or delays our performance of this Agreement;
(b) we may terminate the Purchase Agreement with immediate effect by giving written notice to you;
(c) we will not be liable for any costs or losses incurred by you arising directly or indirectly from such failure; and
(d) IF YOU ARE A BUSINESS CUSTOMER, you will reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from your default.
6.1. The Purchase will include the purchase of your car by us for the amount set out in the Quote. We may have agreed to collect your car, or alternatively you may have chosen to drop your car off at our premises. You will have selected which of these options shall apply when you accepted the Quote.
6.2. The decision as to whether your car is to be recycled or kept on the road is at our sole discretion, though you may submit your preferences for how your car is handled when accepting a Quote. If you have requested that your car is treated as an end-of-life vehicle (i.e. that it is not returned to the road) and we accept this request, we may need to amend our initial Quote to reflect this. We will let you know if we do amend the Quote and you will have the opportunity to cancel the contract if you do not wish to proceed with the revised Quote.
6.3. We shall use all reasonable endeavours to meet any performance dates specified in the Order, but any such dates shall be estimates only.
6.4. We undertake to you that we will carry out the Purchase using reasonable care and skill.
6.5. If you do not allow us access to your property to collect your car, or fail to deliver the car to our premises (as set out at Clauses 9 and 10 below, as applicable) and you do not have a good reason for this, we may charge you for the additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property or an alternative drop-off date, we may end this Agreement and Clause 14 will apply.
6.6. We may need certain information from you so that we can Purchase your car from you. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 14 will apply) or charge a reasonable sum to cover any extra work that is required as a result. We will not be responsible for any delay or failure to complete the Purchase if this is caused by your not giving us the information we need within a reasonable time of our asking for it.
6.7. We may have to suspend the Purchase to:
(a) deal with technical problems or make minor technical changes for example to provide a specified payment method;
(b) change the manner in which we carry out the Purchase to reflect changes in relevant laws and regulatory requirements; or
(c) change the manner in which we carry out the Purchase as requested by you or notified by us to you.
6.8. We will contact you in advance to tell you we will be suspending the Purchase, unless the problem is urgent or an emergency. You may contact us to end the contract for the Purchase if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 7 days.
7.1. You acknowledge and agree that the Quote is based on the type of car and its location, your answers to the questions about your car’s condition, and, in the case of any unanswered questions, any assumptions that have been made and the Minimum Requirements, as set out in the Website Terms and App Terms. These details have been confirmed to you alongside your Quote and sent to you by email, where you have provided your email address. It is your responsibility to ensure the information that you provide to us is correct and accurate.
7.2. You acknowledge and agree that any inaccuracies or missing information may result in the Quote being withdrawn.
7.3. We may contact you using the contact details you have provided, to verify or request additional information about your car and its condition.
7.4. You acknowledge and agree that we may undertake checks using the information you have provided.
7.5. We may carry out an inspection of your car to verify that it meets the description and condition that you specified. If you have told us that your car starts and drives, you will need to provide the keys we may need to take a test drive of your car with you.
7.6. If, at any point, we become aware of anything that affects the details on which the Quote is based, then the Quote will be void. We may, at our discretion, decide to provide a new Quote, which you will have a reasonable opportunity to accept.
8.1. Any payments in relation to this Purchase Agreement shall be made in pounds sterling (plus VAT if applicable) on the date that your car is delivered or collected (as appropriate), unless we agree with you that any payment is to be made in advance.
8.2. We will confirm the payment method (which may be cash, cheque or electronic funds transfer) with you in advance. Please note that in England and Wales section 12 of the Scrap Metal Dealers Act 2013 prohibits the paying of cash for the purchase of cars for scrap metal. In Scotland, the same prohibition is contained in Part 3 (Civic Licensing, Metal Dealers) of the Air Weapon and Licensing Act 2015.
8.3. We may at any time, without limiting our other rights or remedies, set off any amount owing to you against any amount payable by us to you.
Where you have chosen to drop your car off, no appointment is necessary, however you will need to arrive within our normal business hours, as specified in the Order.
10.1. In the event that you have asked us to collect your car this Clause 10 applies.
10.2. We will contact you to confirm its exact location and to agree a convenient estimated collection date and time. Please note that the agreed collection date and time is an estimate only. We will use our best efforts to collect your car at the agreed time, however we would advise you not to make any plans in respect of the collection, for example by booking time off from work, as we are unable to guarantee that we will be able to collect your car at the estimated time.
10.3. We will not be liable to you for any losses if we fail to collect your car at the agreed time, however we will attempt to rearrange the collection if you wish for us to do so.
10.4. You shall ensure that your car is available to be collected at the agreed time of collection and that you are present.
11.1. Prior to handing over your car, you agree to remove any personal possessions that it may contain. We do not take any responsibility for returning any personal possessions found in your car. Any items found in your car will be disposed of at our discretion.
11.2. You agree to provide suitable means of identification (if requested by us), of which we may take copies.
11.3. When you hand over your car you agree to provide all of the following in your possession (if requested by us):
(a) all relevant keys (including any locking wheel nut or electronic keys and codes); and
(b) all relevant documents (such as the registration certificate, service history, MOT certificate and manuals).
If your car is to be recycled (rather than being kept on the road) it will be treated at an authorised treatment facility in accordance with The European Union (End-of-Life Vehicles) Regulations 2014 (as amended) in respect of England and Wales, and in accordance with parallel legislation in Scotland and Northern Ireland.
13.1. You acknowledge that it is your responsibility to notify DVLA and you agree to do all that is necessary to complete the DVLA filing requirements. Details of how to do this can be found in the How do I notify DVLA FAQ on the CarTakeBack website.
13.2. Where your car is to be recycled, we will apply to DVLA for a certificate of destruction and send a copy to you via email if you have provided your email address. In the event that it is not possible to issue a certificate of destruction, we shall use reasonable endeavours to notify you.
THE FOLLOWING CLAUSES 14.1 AND 14.2 APPLY IF YOU ARE A BUSINESS CUSTOMER
14.1. Either party may terminate the Purchase Agreement with immediate effect by giving written notice to the other party if:
(a) the other party commits a material breach of any term of the Purchase Agreement and (if such a breach is remediable) fails to remedy that breach within 14 days of that party being notified in writing to do so;
(b) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business;
(c) the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
(d) the other party’s financial position deteriorates to such an extent that in the terminating party’s opinion the other party’s capability to adequately fulfil its obligations under the Purchase Agreement has been placed in jeopardy.
14.2. Without limiting our other rights or remedies, we may suspend the Purchase if you become subject to any of the events listed in Clause 14.1(b) to Clause 14.1(d) or if we reasonably believe that you are about to become subject to any of them.
THE FOLLOWING CLAUSES 14.3 TO 14.5 (INCLUSIVE) APPLY IF YOU ARE A CONSUMER
14.3. You can end your contract with us because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately when you notify us of your wish to end the contract. The reasons are:
(a) we have told you about an upcoming change regarding the Purchase or these terms which you do not agree to;
(b) we have told you about an error in the Quote and you do not wish to proceed;
(c) there is a risk that the Purchase may be significantly delayed because of events outside our control;
(d) we have suspended the Purchase for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
14.4. Our rights to end the contract. We may end the contract at any time by writing to you if:
(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to complete the Purchase;
(b) where we have agreed to collect your car, you do not, within a reasonable time, allow us access to your premises to collect the car;
(c) you fail to perform any of your obligations set out in Clause 5.1 under this agreement or any other the representations set out in that clause are incorrect; or
(d) we have identified an error in the Quote.
14.5. You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 14.4 or otherwise, we may charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
15.1. On termination of the Purchase Agreement for any reason:
(a) the rights, remedies, obligations and liabilities of the parties as at expiry or termination shall be unaffected, including the right to claim damages in respect of any breach of the Purchase Agreement which existed at or before the date of termination or expiry; and
(b) clauses which expressly or by implication survive termination shall continue in full force and effect.
THE FOLLOWING CLAUSE 16 APPLIES IF YOU ARE A BUSINESS CUSTOMER
16.1. Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by Clause 16.2.
16.2. Each party may disclose the other party’s confidential information:
(a) to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the Purchase Agreement. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this Clause 16; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
16.3. Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the Purchase Agreement.
17.1. Nothing in this Purchase Agreement shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability which cannot be limited or excluded by applicable law.
17.2. This Clause 17 shall survive termination of the Purchase Agreement.
17.3. We do not take any responsibility for returning any personal possessions found in your car. Any items found in your car will be disposed of at our discretion.
THE FOLLOWING CLAUSE 17.4 APPLIES IF YOU ARE A BUSINESS CUSTOMER
17.4. Subject to Clause 17.1, we shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Purchase Agreement for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of damage to goodwill; and
(g) any indirect or consequential loss.
We are not responsible for any loss that you suffer as a result of us failing to collect your car on the estimated collection date (please see Clause 10 for further information).
THE FOLLOWING CLAUSES 17.5 AND 17.6 APPLY IF YOU ARE A CONSUMER
17.5. We may be responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we may be responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. Please note that we are not responsible for any loss that you suffer as a result of us failing to collect your car on the estimated collection date (please see Clause 10 for further information).
17.6. We are not liable for business losses. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
THE FOLLOWING CLAUSE 18 APPLIES IF YOU ARE A BUSINESS CUSTOMER
18.1. You shall be liable for all loss, damage or injury (whether direct, indirect or consequential) that we (or our employees, agents or representatives) suffer as a result of your negligent failure or delay in the performance of your obligations under this Purchase Agreement.
18.2. If, as a result of your negligence, we incur any loss or expense as a result of any damage to any of our equipment, then we will seek to recover such losses and expenses from you.
19.1. Events outside of our control. Neither party shall be in breach of this Purchase Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Purchase Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control.
19.2. Transferring this Agreement.
(a) We may at any time transfer, assign, mortgage, charge, subcontract or deal in any other manner with our rights under the Purchase Agreement and may subcontract or delegate in any manner our obligations under the Purchase Agreement to any third party. We shall provide you with any information that you may reasonably require about the proposed transfer or subcontract.
(b) You shall not, without our prior written consent, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights or obligations under the Purchase Agreement.
19.3. Even if we delay in enforcing this contract, we can still enforce it later. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not:
(a) waive that or any other right or remedy; or
(b) prevent or restrict the further exercise of that or any other right or remedy.
19.4. If a court finds part of this contract invalid, the rest will continue in force. If any provision or part-provision of the Purchase Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Purchase Agreement.
19.5. Notices.
(a) Any notice or other communication given to a party under or in connection with the Purchase Agreement shall be in writing, addressed to that party at its registered office or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or email.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in Clause 19.5(a); if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by fax or email, one business day after transmission.
(c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
19.6. Third parties. No one other than a party to the Purchase Agreement shall have any right to enforce any of its terms.
THE FOLLOWING CLAUSE 19.7 APPLIES IF YOU ARE A CONSUMER
19.7. Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use.
19.8. Governing law. The Purchase Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
19.9. Jurisdiction. IF YOU ARE A BUSINESS CUSTOMER, you irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Purchase Agreement or its subject matter or formation. IF YOU ARE A CONSUMER and you live in Scotland, you can bring legal proceedings in respect of this Agreement in either the Scottish or the English courts. IF YOU ARE A CONSUMER and you live in Northern Ireland, you can bring legal proceedings in respect of this Agreement in either the Northern Irish or the English courts.
