Service Agreement for Consumer Users
This Agreement is made between you and the service provider (hereafter, “Service Provider”, “we”, “us” and “our”) named in your order for the Services (“Order”). You hereby confirm and agree with us that we shall handle the purchase, resale and/or recycling of your car (“Services”) subject to the terms and conditions in this Agreement (“Service Agreement”) following your acceptance of the quote given by CarTakeBack.com Limited on our behalf (“Quote”).
Our agent, CarTakeBack.com Limited, is not a party to the Service Agreement and is not liable for any breach of it by either you or us.
1. These terms
1.1. What these terms cover. These are the terms and conditions on which we supply the Services to you. By accepting the Quote, you agree to accept these terms and conditions.
1.2. Why you should read them. Please read these terms carefully. They tell you how we will provide the Services to you, how you and we may end the contract, what to do if there is a problem, and other important information.
1.3. Changes to these terms. We shall have the right to make any changes to the terms of this Service Agreement which are necessary to reflect changes in relevant laws and regulatory requirements, and we shall notify you in any such event.
1.4. Who we are. We are the Service Provider. You can contact us by telephoning or by writing to us using the contact details set out in the Quote and the Order.
1.5. How we may contact you. 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.com Limited. When we use the words "writing" or "written" in these terms, this includes emails.
2. Our contract with you
2.1. How we will accept your order. Our acceptance of your Order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
2.2. If we cannot accept your order. If we are unable to accept the Order, we will inform you of this. This might be because of unexpected limits on our resources which we could not reasonably plan for, 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. Other applicable terms
4. Your obligations
4.1. You undertake and agree that the following conditions must be satisfied when you enter into this Service Agreement and at the time the Services are performed:
(a) the statements and representations made by you are correct and accurate;
(b) you have the legal and beneficial right to dispose of your car and are able to enter into the Service 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 Service 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) your car is free of all finance charges, such as a 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 Service Agreement.
4.2. If you fail to comply with any of your obligations set out in clause 4.1 above, then we are under no obligation to continue with the Services and you may be liable for our reasonable and foreseeable losses.
5.1. The Services may include one of the following options:
(a) the purchase of your car by us for an agreed amount (“Car Purchase”); or
(b) occasionally, where the costs of disposing your car are greater than the value of your car, there may not be a payment in which case there may instead be a charge payable by you for us to dispose of your car (“Disposal”). This option may include the offer of having your car collected by us (or alternatively you may have chosen to drop your car off) which you will have selected when you accepted the Quote.
5.2. The decision as to whether your car is to be recycled or kept on the road is at our sole discretion.
5.3. When we will provide the Services. During the order process we will let you know when we will provide the Services to you. We will begin the Services on the date set out in the Order. The estimated completion date for the Services is as told to you during the order process.
5.4. We are not responsible for delays outside our control. If our supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for the Services in respect of a Disposal.
5.5. If you do not allow us access to provide the Services. If you do not allow us access to your property to collect your car and perform the Services as arranged (and you do not have a good reason for this) we may charge you 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 we may end the contract and clause 14 will apply.
5.6. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Services to 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 make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5.7. Reasons we may suspend the supply of the Services to you. We may have to suspend the supply of the Services to:
(a) deal with technical problems or make minor technical changes, for example to address a payment method;
(b) update the Services to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the Services as requested by you or notified by us to you.
5.8. Your rights if we suspend the supply of the Services. We will contact you in advance to tell you we will be suspending supply of the Services, unless the problem is urgent or an emergency. You may contact us to end the contract for the Services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 7 days and in respect of a Disposal, we will refund any sums you have paid in advance for the Services in respect of the period after you end the contract.
5.9. We may also suspend supply of the Services if you do not pay. In respect of a Disposal, if you do not pay us for the Services when you are supposed to (see clause 7) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services. We will not suspend the Services where you dispute the unpaid invoice. We will not charge you for the Services during the period for which they are suspended. As well as suspending the Services we can also charge you interest on your overdue payments (see clause 7.5).
6.1. You acknowledge and agree that the Quote is based on the Quote Assumptions (or where applicable, details relating to you having told us that the Quote Assumptions are not correct) and your responses to our questions, as detailed in the Website Terms, and that it is your responsibility to ensure the information that you provide to us is correct and accurate.
6.2. You acknowledge and agree that any inaccuracies or missing information may result in the Quote being withdrawn.
6.3. We may contact you using the contact details you have provided, to verify or request additional information about your car and its condition.
6.4. You acknowledge and agree that we may undertake checks using the information you have provided.
6.5. We may carry out an inspection of your car to verify that it meets the description and condition that you specified. In some circumstances, we may need to take a test drive of your car with you.
6.6. 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. If, at our discretion, we decide to provide a new Quote, you will have a reasonable opportunity to accept it.
7.1. Any payments in relation to this Service 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.
7.2. We will confirm the payment method (which may be cash, cheque or electronic funds transfer) with you in advance. In respect of a Disposal, if you pay by cheque and your bank refuses to honour it, then we may charge you for any costs that we incur directly as a result of such refusal (such as bank charges). 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.
7.3. We will pass on changes in the rate of VAT. If the rate of VAT changes between the date of the Order and the date we supply the Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
7.4. In respect of a Disposal we will invoice you for the charge of the Services when we have completed them. You must pay each invoice within 14 calendar days after the date of the invoice.
7.5. In respect of a Disposal, we can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
7.6. In respect of a Disposal, if you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
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 Quote and Order.
9.1. In the event that you have asked us to collect your car and provide a Disposal this clause 9 applies.
9.2. We will contact you to confirm its exact location and to agree a convenient collection date and time. We would advise you not to make any plans in respect of the collection, for example booking time off from work, until we have confirmed the collection date with you.
9.3. We shall use all reasonable endeavours to collect your car from you at the agreed date and time. We will not be liable if we fail to do so in part or in full due to circumstances beyond our control.
9.4. You shall ensure that your car is available to be collected at the agreed time of collection and that you are present.
9.5. For the avoidance of doubt, this clause 9 does not apply to a Car Purchase. Any collection arrangements in respect of a Car Purchase are made on a free of charge basis and fall outside the scope of this agreement.
10. Hand over
10.1. Prior to handing over your car, you agree to remove any personal possessions. 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.
10.2. You agree to provide suitable means of identification (if requested by us), of which we may take copies.
10.3. 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 End-of-Life Vehicles Regulations 2003.
12.1. We will notify you of the appropriate method, provide you with the necessary information and you agree to do all that is necessary, to complete the DVLA filing requirements.
12.2. Where your car is to be kept on the road, it is your responsibility to notify DVLA of the sale/transfer to the motor trade by sending the yellow section 9 (V5C/3) of the V5C registration certificate to DVLA.
12.3. Where your car is to be recycled, you should retain the yellow section 9 (V5C/3) of the V5C registration certificate and we will apply to DVLA for a certificate of destruction. In the event that it is not possible to issue a certificate of destruction, either at all or within DVLA’s advised timescales, we shall use all reasonable endeavours to notify you. In this case, it will be your responsibility to notify DVLA as described in 12.2 above.
13. Your rights to end the contract
13.1. You can always end your contract with us. Your rights when you end the contract are as follows:
(a) If you want to end the contract because of something we have done or have told you we are going to do, see clause 13.2;
(b) If you have just changed your mind about the Services, see clause 13.3. In respect of a Disposal you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
(c) In all other cases (if we are not at fault and there is no right to change your mind), see clause 13.6.
13.2. Ending the contract 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 and, in respect of a Disposal, we will refund you in full for any Services which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the Services or these terms which you do not agree to);
(b) we have told you about an error in the Quote or description of the Services you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the Services may be significantly delayed because of events outside our control;
(d) we have suspended supply of the Services 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.
13.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). In the event that the Service Agreement requires you to pay or undertake to pay a charge in respect of a Disposal, you have certain rights under the Consumer Contracts Regulations 2013. Under these regulations you have the right to cancel your order for the Services during the period of 14 days after the day we email you to confirm we accept the Order (“Cooling Off Period"). However, once we have completed the Services you cannot change your mind, even if the period is still running. If you cancel after we have started the Services, you must pay us any applicable charges for the Services provided up until the time you tell us that you have changed your mind.
13.4. In respect of a Disposal if you want the Services to be performed before the end of the Cooling Off Period you must (i) provide prior express consent to the commencement of the performing of the Services (ii) acknowledge, by clicking on a link in an email that we will send to you, that you will lose the right to cancel the Service Agreement once the Service Agreement has been fully performed.
13.5. When you don't have the right to change your mind. You do not have a right to change your mind in respect of a Disposal, once the Service has been completed, even if the cancellation period is still running.
13.6. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. The contract for Services is completed when we have finished providing the Services and you have paid any applicable charges. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for the Services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
13.7. When your refund will be made. We will make any refunds due to you as soon as possible. Subject to clause 13.3, if you are exercising your right to change your mind then your refund will be made within 14 days of you telling us you have changed your mind.
14. Our rights to end the contract
14.1. We may end the contract if you break it. We may end the contract at any time by writing to you if:
(a) in the event you are required to pay a charge in respect of a Disposal, you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services;
(c) you do not, within a reasonable time, allow us access to your premises to supply the Services; or
(d) you fail to perform any of your obligations set out in clause 4.1 under this agreement.
14.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 14.1 we will refund any money you have paid in advance for the Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
14.3. Summary of your legal rights. We are under a legal duty to supply the Services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Services. Nothing in these terms will affect your legal rights.
15. Our liability
15.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are 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.
15.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services.
15.3. 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.
15.4. We are not liable for business losses. If you use the Services for any commercial or business we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16. Your liability
16.1. 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 Service Agreement.
16.2. 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.
17. How we may use your personal information
17.1. How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the Services to you; and
(b) to process your payment for the Services.
17.2. We may pass your personal information to credit reference agencies. Where we extend credit to you for the Services we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
17.3. We will only give your personal information to other third parties where the law either requires or allows us to do so.
18.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
18.2. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.3. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.4. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
18.5. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.
18.6. 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. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.